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PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-708. October 24, 1946. ]

SEVERINO MANOTOK, Plaintiff-Appellee, v. MILAGROS S. LEGASPI and EMILIO S. LEGASPI, Defendants-Appellants.

SYLLABUS


1. EJECTMENT; EXECUTION; FAILURE TO PAY OR DEPOSIT RENT ON OR BEFORE 10TH OF MONTH; WAIVER OF RIGHT TO ASK FOR EXECUTION BY ACCEPTING BELATED PAYMENTS; CASE AT BAR. — Although under sections 8 and 9 of Rule 72, the landlord, in whose favor a decision for ejectment has been rendered by the lower court, is entitled to ask for the execution of the lower court’s judgment if the tenant fails to pay or deposit, on or before the 10th of each calendar month, the rent for the preceding month, there is nothing to preclude him from waiving his right. In the present case it unmistakably appears that appellee had waived the right by allowing appellants to pay the rents out of time and by accepting the belated payments for the purpose staying the execution of the judgment. He is estopped from asking the execution because appellants did not pay or deposit the rent for August, 1946, on or before September 10, but only on the 30th of said month. Appellee agreed to tolerate a reasonable delay in the payment of current rents and can not now repudiate the agreement by unilateral denouncement.


R E S O L U T I O N


PERFECTO, J.:


On September 27, 1946, appellee prayed for the execution of the lower court’s judgment ordering the appellants to vacate the premises in litigation by reason of the latter’s failure to pay or deposit the rent for August, 1946 on or before September 10, invoking to said effect section 9 of Rule 72.

Appellants opposed the petition, alleging that it is not under oath and not supported by any affidavit, that an agreement has been entered into between appellee’s attorney and appellant Emilio S. Legaspi to the effect that, after appeal to the Supreme Court has been perfected, the rents will be paid directly to appellee’s attorney or a collector shall be sent to said appellant’s residence, and that in accordance with said agreement, payments were made as appear in the following receipts issued by appellee’s attorney, Exhibits A, B, B-1, C, and C-1:jgc:chanrobles.com.ph

"Recibi de los esposos Milagros de Legaspi y Emilio Legaspi la cantidad de ciento cinco pesos (1’105) correspondientes a los alquileres ded los meses de enero, febrero y marzo de 1946 por la finca que ocupa de mi ciente el Sr. Severino Mantok en la calle Avenida Rizal No. 2134, esquina Callejon Onsiako en lugar de depositarlo en el expediente No. 71397 del Juzgado de primela instancia de Manila, habiendo dado seguridades dichos esposos de que los alquileres corres pondientes desde el 1.
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