Friday, February 24, 2012

Catungal vs Hao Credit Digest

Catungal vs Hao
GR No. 134972, 22 March 2001
355 SCRA 29

FACTS
            The original owner Aniana Galang, leased a 3-storey building in Parañaque to BPI in 1972. During the lease period, BPI subleased the ground floor to Doris Hao. In 1984, Galang and Hao executed a lease contract on the 2nd and 3rd floors of the building. 2 years later, spouses Catungal bought the property from Galang. Upon expiration of the lease agreements, Catungal demanded Hao to vacate the building. The demand was unheeded so petitioners filed for ejectment before the MeTC, which ordered Hao to vacate the premises and pay P20,000 until she finally vacates. Petitioners moved for clarificatory or amended judgment on the ground that lthough MeTC ordered defendant to vacate, it only awarded rent or compensation for the use of said property for the ground floor and not for the entire subject property. the MeTC amended the judgment but petitioners moved for reconsideration praing that respondent be ordered to pay P20,000 pm for the use and occupancy of the ground floor and P10,000 pm for the 2nd and 3rd floors. The case was referred to RTC which affirmed the decision. On appeal to the CA, the latter reduced the P20,000 to P8,000 and the P10,000 each to P5,000 each.

ISSUE
            Whether or not the RTC decision should be reinstated

HELD
            Yes. The plaintiff in an ejectment case is entitled to damages caused by his loss of the use and possession of the premises.

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