Dominador R. Miranda v. Hon · G.R. 59783

Petitioner: Dominador R. Miranda
Respondent: Hon. Rodolfo A. Ortiz
Citation: G.R. No. 59783
Court: Supreme Court
Division: First Division
Ponente: Narvasa, J.
Decided: December 1, 1987

Summary

This landmark case resolved whether verbal month-to-month leases can be terminated by notice for the lessor's family's personal need. Miranda leased an apartment unit to Mallari under a verbal agreement with monthly rent payments. When Miranda's married son needed housing, he gave notice for Mallari to vacate, but she refused. The City Court and CFI ruled against Miranda, holding the indefinite verbal lease could not be terminated. The Supreme Court reversed, clarifying that Article 1687 of the Civil Code applies to determine lease periods even under BP 25, making monthly rental arrangements terminable with proper notice. The decision established that Section 5(c) of BP 25 allowing eviction for personal need applies to verbal month-to-month leases, preventing the law from becoming illusory for small property owners. The Court ordered immediate eviction with rental payments and attorney's fees.

Statutes applied

Related cases

Other Philippine cases on the same provisions and issues.

Alejandro Sy Jueco v. The Honorable Court of Appeals G.R. No. 98270
Hernania "Lani" Lopez v. Gloria Umale-Cosme G.R. No. 171891
Tristan Lopez As Attorney-In-Fact of Leticia v. Leticia R. Fajardo G.R. No. 157971
Consolacion de Vera v. Court of Appeals G.R. No. 110297
Teodoro Araos v. Hon. Court of Appeals G.R. No. 107057
Mariano Torio v. The Court of Appeals G.R. No. 107293
Marcelo Bondoc v. Court of Appeals G.R. No. 75693
Uy Hoo v. Court of Appeals G.R. No. 83263

By Intellegal Editorial Board · December 1, 1987

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