This case has been cited 1 times or more.
|
2001-04-19 |
BELLOSILLO, J. |
||||
| Notwithstanding the preceding discussion drawing to the conclusion that petitioner earned a score in his last argument, the power of the courts to establish a grace period pursuant to Art. 1687 is potestative or discretionary, to be exercised or not depending on the particular circumstances of the case: a longer term to be granted where equities come into play demanding extension, to be denied where none appears, always with due deference to the parties' freedom to contract.[23] Here, even as this Court has the discretion to fix a longer term for the lease, we find that petitioner's continuing possession as lessee of the premises from the supposed expiration of the lease on 31 March 1996 up to the present, or for a period now of more than five (5) years, suffices as an extension of the period. There is no longer need to extend it any further.[24] | |||||