This case has been cited 2 times or more.
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2007-01-26 |
VELASCO, JR., J. |
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| In Torres v. Court of Appeals,[54] which was also cited in LL and Company Development and Agro-Industrial Corporation v. Huang Chao Chun,[55] it was held that:Under Article 1315 of the Civil Code, contracts bind the parties not only to what has been expressly stipulated, but also to all necessary consequences thereof, as follows: | |||||
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2005-07-15 |
CALLEJO, SR., J. |
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| As lessor, RCAM was obliged to maintain LPI's peaceful and adequate possession and enjoyment of the lease for the entire duration of the contract.[56] Indeed, it is the duty of the lessor to place the lessee in the legal possession of the premises and to maintain the peaceful possession thereof during the entire term of the lease.[57] The lessee has the right to be respected in his possession and should he be disturbed therein, he shall be restored to said possession by the means established by the law or by the Rules of Court.[58] Every possessor, under the law, includes all kinds of possession, including that of a mere holder.[59] Possession is not protection against right but against the exercise of a right by one's own authority.[60] If the owner/lessor forcibly dispossesses a lessee, the lessor would be acting illegally, and the lessee shall be entitled to be restored to his possession via an action for forcible entry with a plea for a writ of preliminary mandatory injunction within five (5) days from the filing of the complaint to restore him to his possession,[61] by an accion publiciana[62] or by an action to compel the lessor to comply with his obligation under the contract of lease.[63] The lessee may ask for the rescission of the lease contract and indemnification for damages, or only the latter, allowing the contract to remain in force.[64] | |||||