- Statute
- Civil Code
- Article
- Art. 1670
- Topic
- Lease of Rural and Urban Lands
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE VIII LEASE
- Chapter
- CHAPTER 2 Lease of Rural and Urban Lands
- Formerly
- Art. 1566a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
If at the end of the contract the lessee should continue enjoying the thing leased for fifteen days with the acquiescence of the lessor, and unless a notice to the contrary by either party has previously been given, it is understood that there is an implied new lease, not for the period of the original contract, but for the time established in articles 1682 and 1687. The other terms of the original contract shall be revived. (1566a)
Intellegal Wiki · In plain terms
If a lease has ended but the tenant keeps using the property for fifteen days with the landlord's acquiescence, and neither side gave prior notice to stop, an implied new lease arises. This renewed lease lasts only for the shorter statutory period, not the original term, while the other terms of the old contract are revived.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Viegely Samelo v. Manotok Services, the Supreme Court held: An implied new lease (tacita reconduccion) arises where the lessee continues in possession for over fifteen days with the lessor's acquiescence (Article 1670), creating a month-to-month lease that a demand to vacate terminates.
One leading Supreme Court case applying this provision.
Cases applying this article
- Thelma C. Muller v. Philippine National Bank G.R. No. 215922
- Viegely Samelo v. Manotok Services G.R. No. 170509
- Vicente J. Santi v. Hon. Court of Appeals G.R. No. 93625
- Allan Mañas v. Rosalina Roca Nicolasora G.R. No. 208845
- Jesus Cuenco v. Talisay Tourist Sports Complex G.R. No. 174154
- Tagbilaran Integrated Settlers Association [Tisa] Incorporated Thru Its Secretary-Treasurer Representative Sixto Mumar v. Honorable Court of Appeals G.R. No. 148562
- Spouses Romeo Guda v. Alan A. Leynes G.R. No. 143675
- Regina P. Dizon v. Court of Appeals G.R. No. 122544
Other Supreme Court decisions also apply this article.