1.

TRUE
A contract of lease of things is a consensual, bilateral, onerous,
and commutative contract by which a person temporarily grants
the use or enjoyment of certain property to another who
undertakes to pay rent or a price certain therefor, said contract to
last for a period which is either defi nite or indefi nite, but in no
case should exceed 99 years. (Art. 1643; 4 Sanchez Roman 736;
and Lim Si v. Lim, L-8496, Apr. 25, 1956).
2. A contract of lease for professional services may be implied because no
specific form is required.
TRUE. One who performs work or service in favor of another who
impliedly consents thereto and who benefits thereby, is entitled
to compensation by virtue of an innominate contract (Art. 1307)
of facio ut des or of the case of services tacutly contracted in
which case the courts will fix the reasonable worth of the services
rendered (Arroyo v Azur 76 Phil 493).
3. In lease of things, one of the parties binds himself to render to the other
some service for a price certain, but the relation of principal and agent does
not exist between them.
FALSE. Lease of service not lease of things
4. The term price certain must be in money or its equivalent
FALSE. It may be in money, fruits or some other useful
things/prestation. Tolentino, p. 206

(2) Agents, the property whose administration or sale may have

been intrusted to them, unlessthe consent of the principal has
been given
(3) Executors and administrators, the property of the estate under
administration
(4) Public officers and employees, the property of the State or of
any subdivision thereof, or of any government owned or
controlled corporation, or institution, the administration of which
has been intrusted to them this provision shall apply to judges
and government experts who, in any manner whatsoever, take
part in the sale
(5) Justices, judges, prosecuting attorneys, clerks of superior and
inferior courts, and other officers and employees connected with
the administration of justice, the property and rights in litigation
or levied upon an execution before the court within whose
jurisdiction or territory they exercise their respective functions
this prohibition includes the act of acquiring by assignment and
shall apply to lawyers, with respect to the property and rights
which may be the object of any litigation in which they may take
part by virtue of their profession
(6) Any others specially disqualified by law. (1459a)
13. Question: The contract of lease shall not bind third persons unless
recorded
Answer: TRUE.
General rule: contract of lease does not bind third persons

5. A lease for 99 years is valid.

TRUE. Art. 1643 "... for a period which may be definite or
indefinite. However, no lease for more than 99 years shall be
valid."
As long as is it not more than 99 years,it is valid. This is with
regard to an indefinite period of lease.
6. It is required that the lessor is the owner of the thing leased.
Ans: FALSE. Ownership on the part of the lessor is not necessary
to constitute a contract of lease (Pineda, p. 452; Mem Aid 2015, p. 368).
7. The contract of lease for the lease of services may be definite or
indefinite.
TRUE. Art. 1697 and Kasamahan law for household help, Labor
Code for laborers, Civil Code for common carriers - period can be fixed or not
fixed
8-12. Persons disqualified to become lessees.
Answer: Art. 1646. The persons disqualified to buy referred to in
Articles 1490 and 1491, are also disqualified to become lessees of
the things mentioned therein.
Article 1490. The husband and the wife cannot sell property to
each other, except:
(1) When a separation of property was agreed upon in the
marriage settlements or
(2) When there has been a judicial separation of property under
article 191. (1458a)
Article 1491. The following persons cannot acquire by purchase,
even at a public or judicial auction, either in person or through the
mediation of another:
(1) The guardian, the property of the person or persons who may
be under his guardianship

Exceptions:
1. In case of lease of real estate recorded in the registry of
property
2. If not recorded, it shall be binding if third persons have actual
knowledge. Actual knowledge is equivalent to registration
14. The lessee has a right to sublet the thing leased without express
prohibition.
Answer: TRUE. (BASIS: ART. 1650. When in the contract of lease of
things there is no express prohibition, the lessee may sublet the
thing leased, in whole or in part, without prejudice to his
responsibilty for the performance of the contract toward the
lessor.)
15. The lessor may hold the sublessee subsidiarily liable for any rent due
from the lessee.
TRUE. ARTICLE 1652. The sublessee is subsidiarily liable to the
lessor for any rent due from the lessee. However, the sublessee shall not be
responsible beyond the amount of rent due from him, in accordance with the
terms of the sublease, at the time of the extra-judicial demand by the lessor.
16-17. What are the warranties in a contract of lease?
Ans:
16. To warrant ejectment on the ground of need for personal use
of the owner and the immediate member of his family as a residential unit;
and
17. To warrant ejectment on the ground of need of the lessor to
make necessary repairs of the leased premises which is the subject of an
order of condemnation in order to make the premises safe and habitable.
(R.A. 9341, Sec. 7 (c), (d); pp. 1014-1015, Jurado Reviewer)
18-20.) Obligations of the lessor
a.) Not to alter the form of the thing leased (Art. 1661)
b.) Protect the lessees possession from prejudicial acts of third
persons (Bercero vs. Capital Development)
c.) Deliver the object of the lease (Art. 1654 [1])

d.) Maintaienance of peaceful and adequate possession in case of

legal trespass (Art. 1654 [3])
e.) Make necessary repairs (Art. 1654[2])
21-23 Rights of the lessor
A. Rescission and Damages
B. Damages only
C. Ejectment
24 to 28
Causes for Ejectment
Art. 1673. The lessor may judicially eject the lessee for any of the
following causes:
1) when the period agreed upon, or that which is fixed for the
duration of the lease under Art. 1682 and 1687, has expired
2) lack of payment of the price stipulated
3) violation of any of the conditions agreed upon in the contract
4) when the lessee devotes the thing leased to any use or service
not stipulated which causes the deterioration thereof, or if he
does not observe the requirement in No. 2 of Art. 1657, as
regards the use thereof.
The ejectment of tenants of agricultural lands is governed by
special laws.
Alternative Answer:
24 to 28: causes of ejectment
Under rent control act of 2009:
A. Assignment of lease or subleasing of residential
units in whole or in part including the acceptance of
boarders or bedsoacers without the written consent of
the owner or lessor
B.arrears in the payment of rent for a total of 3
months.
C. Legitimate need of the owner or lessor to repossess
his share or his property for his or her own use or for
the use of any immediate member of his family as a
residential unit
D. Need of the lessor to make necessary repairs of the
leased premises which is the subject of an existing
order of condemnation by appropriate authorities
concerned in order to make the said premises safe and
habitable

4. To pay expenses for the deed of lease.

5. To notify lessor of usurpation or untoward acts.
6. To notify lessor of need of repairs.
7. To return the property upon the termination of lease (Art 16571633)
33-36. Rights of the lessee.
1.) Right to suspend payment in case the lessor fails to make the
necessary repairs or tomaintain the lessee in peaceful and
adequate enjoyment of the property leased. (Art. 1658)
2.) Right to sublease when there is no express prohibition (Art.
1650)
3.) Right to make useful improvements which are suitable to the
use for which the lease is intended, without altering the form and
substance of the property leased and to demand one half of the
value of the improvements at that time upon termination of the
lease (Art. 1678)
4.) Right to continue the lease even after the sale of the leased
property provided the lease is recorded in the Registry of Property
and if not, when there is stipulation in the contract of sale, or
when the purchaser knows of the existence of the lease. (Art.
1676, par.1)
37. The destruction of the thing by fortuitious event obligates the lessor to
rebuild.
FALSE. The remedy of lessee in case of partial destruction is to
rescind or ask for proportionate reduction of price and not to ask
lessor to rebuild it; neither is there an obligation to rebuild if
there is total destruction since the contract of lease is now
extinguished (Art. 1655)
38. Q: There is an implied new lease if at the end of the contract of lease,
the lessee continues to enjoy the thing leased for 15 days even without the
acquiescence of the lessor.
A: FALSE. Art. 1670 provides that it must be with the acquiescence
of the lessor.
39. The lessee in a lease of rural lands has a right to a reduction of rental
for loss of the fruits of more than one-half and due to extraordinary and
unforeseen event.
ANS: TRUE. ART. 1680. The lessee shall have no right to a
reduction of the rent on account of the sterility of the land leased,
or by reason of the loss of fruits due to ordinary fortuitous events;
but he shall have such right in case of the loss of more than onehalf of the fruits through extraordinary and unforeseen fortuitous
events, save always when there is a specific stipulation to the
contrary.

E. Expiration of period of the lease contract

*except when the lease is for a definite period,
provision of par 1 of article 1673 of NCC insofar as they
refer to residential units covered by the rent control
law shall be suspended.
(Meron kasing ibang grounds sa Article 1673 civil code
for judicial ejectment. So di ko Alam if alin sa 2 ang
hinahanap ni VD.)
29-32 Obligations of the lessee:
1. To pay rent.
2. To use thing leased as a diligent father of family, devoting it to
the use stipulated.
3. to make urgent repairs even if annoying to him unless the place
becomes uninhabitable.

Extraordinary fortuitous events are understood to be: fire, war,

pestilence, unusual flood, locusts, earthquake, or others which
are uncommon, and which the contracting parties could not have
reasonably foreseen.
40. A tenant on shares may be ejected if the landholder intends to cultivate
the land hinself personally or through the employment of machinery or
equipments.
FALSE. Tenant on shares cannot be ejected except in cases
specified by the law.
Section 36 of R.A. No. 3844 enumerates these grounds, to wit:
SEC. 36. Possession of Landholding Exceptions.
Notwithstanding any agreement as to the period or future
surrender of the land, an agricultural lessee shall continue in the

enjoyment and possession of his landholding except when his

dispossession has been authorized by the Court in a judgment
that is final and executory if after due hearing it is shown that:
(1) The agricultural lessor owner or a member of his immediate
family will personally cultivate the landholding or will convert the
landholding, if suitably located, into residential, factory, hospital
or school site or other useful non-agricultural purposes: Provided
That the agricultural lessee shall be entitled to disturbance
compensation equivalent to five years rental on his landholding in
addition to his rights under Sections [25] and [34], except when
the land owned and leased by the agricultural lessor is not more
than five hectares, in which case instead of disturbance
compensation the lessee may be entitled to an advance notice of
at least one agricultural year before ejectment proceedings are
filed against him: Provided, further, That should the landholder
not cultivate the land himself for three years or fail to
substantially carry out such conversion within one year after the
dispossession of the tenant, it shall be presumed that he acted in
bad faith and the tenant shall have the right to demand
possession of the land and recover damages for any loss incurred
by him because of said dispossession
(2) The agricultural lessee failed to substantially comply with any
of the terms and conditions of the contract or any of the
provisions of this Code unless his failure is caused by fortuitous
event or force majeure
(3) The agricultural lessee planted crops or used the landholding
for a purpose other than what had been previously agreed upon
(4) The agricultural lessee failed to adopt proven farm practices as
determined under paragraph 3 of Section *29+
(5) The land or other substantial permanent improvement
thereon is substantially damaged or destroyed or has
unreasonably deteriorated through the fault or negligence of the
agricultural lessee
(6) The agricultural lessee does not pay the lease rental when it
falls due: Provided, That if the non-payment of the rental shall be
due to crop failure to the extent of seventyfive per centum as a
result of a fortuitous event, the non-payment shall not be a
ground for dispossession, although the obligation to pay the
rental due that particular crop is not thereby extinguished or
(7) The lessee employed a sublessee on his landholding in
violation of the terms of paragraph 2 of Section [27].