This case has been cited 3 times or more.
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2011-06-08 |
DEL CASTILLO, J. |
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| We must, however, clarify that "the only damage that can be recovered [by respondent] is the fair rental value or the reasonable compensation for the use and occupation of the leased property. The reason for this is that [in forcible entry or unlawful detainer cases], the only issue raised in ejectment cases is that of rightful possession; hence, the damages which could be recovered are those which the [respondent] could have sustained as a mere possessor, or those caused by the loss of the use and occupation of the property, and not the damages which [she] may have suffered but which have no direct relation to [her] loss of material possession."[49] | |||||
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2009-04-29 |
BRION, J. |
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| This Court has no jurisdiction to award the reimbursement prayed for by both parties. Both parties seek damages other than rentals or reasonable compensation for the use of the property, which are the only forms of damages that may be recovered in an unlawful detainer case.[52] Rule 70, Section 17 of the Rules of Court authorizes the trial court to order the award of an amount representing arrears of rent or reasonable compensation for the use and occupation of the premises if it finds that the allegations of the complaint are true.[53] | |||||
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2003-10-08 |
CARPIO, J. |
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| The Lejano Heirs and Teofilo Abejo agreed to lease the entire FISHPOND to DE GUIA. After DE GUIA's lease expired in 1979, he could no longer use the entire FISHPOND without paying rent. To allow DE GUIA to continue using the entire FISHPOND without paying rent would prejudice ABEJO's right to receive rent, which would have accrued to his ½ share in the FISHPOND had it been leased to others.[28] Since ABEJO acquired his ½ undivided share in the FISHPOND on 22 November 1983, DE GUIA should pay ABEJO reasonable rent for his possession and use of ABEJO's portion beginning from that date. The compensatory damages of P25,000 per year awarded to ABEJO is the fair rental value or the reasonable compensation for the use and occupation of the leased property,[29] considering the circumstances at that time. DE GUIA shall continue to pay ABEJO a yearly rent of P25,000 corresponding to ABEJO's ½ undivided share in the FISHPOND. However, ABEJO has the option either to exercise an equal right to occupy the FISHPOND, or to file a new petition before the trial court to fix a new rental rate in view of changed circumstances in the last 20 years. | |||||