GR L 1202; (March, 1906) (Digest)
G.R. No. L-1202
FACTS:
Plaintiff-appellee Francisco Saez Co-Tiongco filed an action for ejectment and recovery of unpaid rent against defendant-appellant Co-Quing-Co in the justice of the peace court of Manila. The action was based on a ten-year lease contract executed in 1894, under which the defendant failed to pay the rent for March 1902 by the contractual deadline of April 10, 1902. The plaintiff filed the suit on April 30, 1902. The justice of the peace court ruled in favor of the defendant, holding that the plaintiff failed to give the 30-day notice to the tenant required under Section 80 of the Code of Procedure in Civil Actions. The plaintiff appealed to the Court of First Instance of Manila, which heard the case on an amended complaint.
ISSUE:
Whether the plaintiff-lessor was required to give the defendant-tenant a 30-day notice under Section 80 of the Code of Procedure in Civil Actions before filing an ejectment action in the justice of the peace court for non-payment of rent, considering that the lease contract was executed prior to the effectivity of said procedural code.
RULING:
Yes. The Supreme Court held that the 30-day notice requirement under Section 80 of the Code of Procedure in Civil Actions is mandatory for actions of forcible entry and detainer brought in the justice of the peace court. This procedural requirement applies irrespective of when the lease contract was executed. The Court clarified that the plaintiff could have immediately sought judicial ejectment and rescission of the lease in the Court of First Instance under the substantive provisions of the Civil Code (Articles 1569 and 1555) in force at the time of the contract’s execution, as those provisions allow an action upon default in payment. However, by choosing to file the ejectment action in the justice of the peace court, the plaintiff was bound to comply with the procedural prerequisite of a 30-day notice under Section 80. Consequently, the judgment of the lower court was reversed and the case dismissed, without prejudice to the plaintiff filing a new appropriate action.