ANNEX-K_Enrico-Santos-vs.-National-Statistics-Office-G.R.-No.-171129-06-April-2011..doc - ANNEX K SANTOS vs NATIONAL STATISTICS OFFICE G.R No 171129

ANNEX-K_Enrico-Santos-vs.-National-Statistics-Office-G.R.-No.-171129-06-April-2011..doc

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ANNEX K SANTOS vs. NATIONAL STATISTICS OFFICE G.R. No. 171129. April 6, 2011. FIRST DIVISION, DEL CASTILLO, J . FACTS: On February 10, 2004, petitioner Enrico Santos filed a Complaint [4] for Unlawful Detainer in the Municipal Trial Court (MTC) of Sta. Maria, Bulacan. He claimed therein that he is the registered owner of the property located at No. 49, National Road, Barrio Bagbaguin, Sta. Maria, Bulacan. On January 2, 1998, he entered into a Contract of Lease [5] with respondent National Statistics Office for the lease of 945 square meters (sq m) of the first floor of the structure on said property for a monthly rental of P 74,000.00. Subsequently, the parties agreed to renew the lease for a period of one year from January 1, 2003 to December 31, 2003, covering a bigger area of the same floor for an increased monthly rental of P 103,635.00. [6] As the area leased by respondent was not sufficient for its use, petitioner and respondent again entered into another Contract of Lease [7] dated September 11, 2003 which covered an additional space for a monthly rental of P 45,000.00. For failing to pay despite demand the rentals for the months of December 2003 and January 2004 in the total amount of P 297,270.00, and for its refusal to vacate the property even after the termination of the lease contracts on December 31, 2003, petitioner sent respondent a formal demand [8] for the latter to pay its unpaid monthly rentals and to vacate the property. Notwithstanding receipt, respondent still refused to pay and to vacate the property. Hence, the complaint. ISSUE(s): I. Whether x xx the Honorable Court of Appeals erred in overturning the respective decisions of the RTC-Malolos City, Bulacan and MTC-Sta. Maria, Bulacan which both held that a lessor has the better right of possession over a realty. II. Whether x xx the Honorable Court of Appeals - in resolving the issue of who between the lessor and the lessee has better possession of the premises known as No. 49, National Road, Bagbaguin, Sta. Maria, Bulacan erred in
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