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    21 - Eleizegui vs. Manila Lawn Tennis Club - Malelang

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    Ethan Joshua Malelang
    The Eleizegui family leased land to the Manila Lawn Tennis Club, with a contract allowing the Club to make improvements and stating the lease could be terminated by either party with one month's notice. When the Eleizeguis terminated the lease, the Club refused to vacate. The Eleizeguis sued for unlawful detainer. There were three theories on the lease duration: 1) it depended on the lessor's will per the contract; 2) it depended on the lessee's will; or 3) the courts could fix the duration. The court ruled that under the Civil Code, when a term is left to the debtor's will, the courts can fix the duration. As both parties were creditors and debt

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    21 - Eleizegui vs. Manila Lawn Tennis Club - Malelang

    Uploaded by

    Ethan Joshua Malelang
    133 views2 pages
    The Eleizegui family leased land to the Manila Lawn Tennis Club, with a contract allowing the Club to make improvements and stating the lease could be terminated by either party with one month's notice. When the Eleizeguis terminated the lease, the Club refused to vacate. The Eleizeguis sued for unlawful detainer. There were three theories on the lease duration: 1) it depended on the lessor's will per the contract; 2) it depended on the lessee's will; or 3) the courts could fix the duration. The court ruled that under the Civil Code, when a term is left to the debtor's will, the courts can fix the duration. As both parties were creditors and debt

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    The Eleizegui family leased land to the Manila Lawn Tennis Club, with a contract allowing the Club to make improvements and stating the lease could be terminated by either party with one month's notice. When the Eleizeguis terminated the lease, the Club refused to vacate. The Eleizeguis sued for unlawful detainer. There were three theories on the lease duration: 1) it depended on the lessor's will per the contract; 2) it depended on the lessee's will; or 3) the courts could fix the duration. The court ruled that under the Civil Code, when a term is left to the debtor's will, the courts can fix the duration. As both parties were creditors and debt

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    133 views2 pages

    21 - Eleizegui vs. Manila Lawn Tennis Club - Malelang

    Uploaded by

    Ethan Joshua Malelang
    The Eleizegui family leased land to the Manila Lawn Tennis Club, with a contract allowing the Club to make improvements and stating the lease could be terminated by either party with one month's notice. When the Eleizeguis terminated the lease, the Club refused to vacate. The Eleizeguis sued for unlawful detainer. There were three theories on the lease duration: 1) it depended on the lessor's will per the contract; 2) it depended on the lessee's will; or 3) the courts could fix the duration. The court ruled that under the Civil Code, when a term is left to the debtor's will, the courts can fix the duration. As both parties were creditors and debt

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Malelang, Ethan Joshua V.

    2020-0388

    Eleizegui, et al vs. Lawn Tennis Club


    G.R. No. 967. May 19, 1903.
    Arellano, C.J.

    Facts:
    Petitioners, Dario and Gaudencio Eleizegui entered into contract of lease of its kand
    with the respondent Manila Lawn Tennis Club through its secretary, Mr. Williamson.
    Under the contract of lease, the lessee is expressly authorized to make improvements
    upon the land, by erecting buildings of both permanent and temporary character, by
    making fills, laying pipes, and making such other improvements as might be considered
    desirable for the comfort and amusement of the members. It was alaso stipulated that
    the members of the club may desire to use it. Mr. Williamson or whoever may succeed
    may terminate the lease whenever desired without other formality than that of giving a
    month notice. Elezegui must also undertake to maintain the club as long as the tenant,
    Manila Lawn Tennis Club, should see fit without altering in the slightest degree the
    conditions of this contract, even though the estate be sold. The rent is fixed at P25 per
    month.
    On August 8, 1980, the Elezegui’s terminated the contract of lease by sending a notice
    to Manila Lawn Tennis Club. The club refused to accede and vacate the leased land.
    The Elezegui’s filed an action for unlawful detainer on the ground that the lease was
    already terminated.
    Under the term of the lease, the present question has arisen. Three (3) theories have
    been presented:
    1. The duration depends upon the will of the lessor, who, upon one month notice
    given to the lessee, may terminate the lease;
    2. The duration makes it dependent upon the will of the lessee, as stipulated in the
    contract; and
    3. The right is reserved to the courts to fix the duration of the term.
    The first theory prevailed. Hence, this appeal.
    Issue:
    Whether the duration of the term of lease can be fixed by the court?
    Ruling:
    The Civil Code has made provision for such a case in all kinds of OBLIGATIONS. In
    speaking in general of OBLIGATIONS with a term it has supplied the deficiency of the
    former law with respect to the "duration of the term when it has been left to the will of
    the debtor," and provides that in this case the term shall be fixed by the court. (Aright
    1128, sec. 2.) In every contract, as laid down by the authorities, there is always a
    creditor who is entitled to demand the performance, and a debtor upon whom rests the
    obligation to perform the undertaking. In bilateral contracts the contracting parties are
    mutually creditors and debtors. Thus, in this contract of lease, the lessee is the creditor
    with respect to the rights enumerated in article 1554, and is the debtor with respect to
    the OBLIGATIONS imposed by articles 1555 and 1561. The term within which
    performance of the latter obligation is due is what has been left to the will of the debtor.
    This term it is which must be fixed by the court.

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