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CRESENCIO VIRAY v. IAC

This case has been cited 2 times or more.

2011-07-06
CARPIO, J.
Contractual stipulations empowering the lessor to repossess the leased property extrajudicially from a lessee whose lease has expired have been held to be valid.[17] Being the law between the parties, they must be respected.
2008-07-14
CARPIO MORALES, J.
"x x x in the event of default or breach by the LESSEE of any of the provisions herein contained, the LESSEE hereby empowers the LESSOR and/or her authorized representatives to open, enter, occupy, x x x and otherwise take full and complete physical possession and control of the Leased Premises without resorting to court action; x x x. For purposes of this provision and other pertinent provisions of this Contract, the LESSEE hereby constitutes the LESSOR and her authorized representatives as the LESSEE's attorney-in-fact, and all acts performed by them in the exercise of their authority are hereby confirmed. x x x."  (Emphasis and underscoring supplied) Contractual stipulations empowering the lessor and/or his representative to repossess the leased property extrajudicially from a deforciant lessee, as in the present case, have been held to be valid.[26]   Being the law between the parties, they must be respected.  Respondent cannot thus feign ignorance that the repossession of the leased property by the lessor and/or its representative-herein  petitioner was the appropriate legal measure it (respondent) itself authorized under their contract.