Petitioner
Heirs of Julio Rosas Herein Represented In This Suit By Their Attorney-In-Fact Mercedes Rosas
Respondent
Hon. Oscar R. Reyes
Citation
G.R. No. 91406
Court
Supreme Court
Division
Third Division
Ponente
Gutierrez, Jr., J.
Decided
July 31, 1990

Summary

This case involves a landlord-tenant dispute where the Supreme Court resolved whether tenants can be ejected by mere motion for execution after a court-fixed lease period expires, without filing a new ejectment case. The RTC had dismissed the original ejectment suit for lack of timely demand to vacate, but fixed a new six-month lease period under Civil Code Article 1687. When the MTC judge denied the landlords' motion for execution, claiming no enforceable judgment existed, the Supreme Court reversed, holding that both the dismissal and lease term-fixing were equally enforceable. The Court emphasized that upon lease expiration, a motion for execution suffices rather than requiring a new ejectment suit, criticizing needless litigation that clogs judicial dockets.

Statutes applied

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By Intellegal Editorial Board · July 31, 1990

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