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PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. L-208. August 29, 1947. ]

INES CONSOLACION CUYUGAN, Plaintiff-Appellee, v. JOSE P. DIZON, Defendant-Appellant.

Francisco M. Ramos for Appellant.

Juan G. Lagman for Appellee.

SYLLABUS


1. EVIDENCE PRESUMPTION AGAINST PARTY SUPPRESSING MATERIAL EVIDENCE. — An unfavorable presumption of law arises against a party who suppresses material evidence.

2. OBLIGATION S AND CONTRACT; LEASE OF AGRICULTURAL LAND; REDUCTION OF RENT ON ACCOUNT OF LOSS OF FRUITS; SET-OFFS AMONG PRODUCTS OF DIFFERENT YEARS. — Although under article 1617 of the Italian Code, if the lease is for a number of years and during its life the whole or at least one-half of the fruits corresponding to one year have perished, the tenant could ask for a reduction of the rent, set-offs among the products of different years is not legally under the Spanish Civil Code, however strong may be the reasons of equity which inspired the principle of compensation (10 Manresa, Codigo Civil Español, pp. 599-600.)

3. ID.; ID.; ID.; UNFORESEEN FORTUITOUS EVENTS; CASE AT BAR. — Under article 1575 of the Civil Code, the cause of the loss of the fruits that will entitle the lease of agricultural land to a reduction of rent must not only have been an extraordinary event but must also have been one which the parties could not have reasonably foreseen. In the face of the willingness of the plaintiff to have the lease rescinded early 1942 — before planting season commenced and after the country was plunged into war. — and to release the defendant from any obligation to pay rental for that the following years, he can not say that the war to which he attributes his loses was an unforeseen circumstances within the contemplation of article 1575. War was already going on when he decided to cling to the contract in spite of the plaintiff’s wishes to terminate it. He was the fully aware of the hazards incident upon the conflict of arms which was waging, hazards which he ought to have known might turn against the success of his enterprise.

4. ID.; ID.; ID.; RATIO OF LOSS TO BE PROVED BY LESSEE. — If some of the defendant’s crops in 1942, 1943, or 1944 perished, the evidence does not give the ratio of the loss in relation to the used production of the land. The burden is on him to prove that the loss was more than one-half in order that he might be entitled to compensation.

5. HUSBAND AND WIFE; RENTS OF SEPARATE PROPERTY OF WIFE BELONG TO CONJUGAL PARTNERSHIP. — The rents of the separate property of the wife belong to the conjugal partnership.

6. PLEADING AND PRACTICE; COMPLAINT; DEFECT OF PARTY PLAINTIFFS; AMENDMENT AFTER FINAL DECISION. — A complaint may be amended in the Supreme Court , to cure the defect of party plaintiffs, after final decision is rendered.


D E C I S I O N


TUASON, J.:


Plaintiff brought this action in the Court of First Instance of Pampanga on November 25, 1943, and obtained judgment of the following tenor dated September 26, 1944:jgc:chanrobles.com.ph

"Declarando rescindido el contrato de arrendamiento otorgado entre las partes, y condena al demandado a pagar a la demandante: (a) la cantidad de P1,767.50 con sus intereses legales desde la interposicion de la demanda de canones vencidos y no pagados correspondientes a los años agricolas de 1942-1943 y 1943-1944; (b) la cantidad de P1,000, en concepto de canon vencido y no pagado correspondiente al año agricola de 1944-1945, con sus intereses legales desde la fecha de su vencimiento hasta su completo pago; y (c) las costas del juicio."cralaw virtua1aw library

The facts, so far as they are not controverted, are these: In a written contract acknowledged before a notary public on October 8, 1940, the plaintiff leased to the defendant several registered parcels of land which have a combined area of over 33 hectares, situated in the municipality of Mabalacat, Province of Pampanga, and apparently adjoining or close to one another. The contract contained the following stipulations:jgc:chanrobles.com.ph

"(a) Que el termino de este arrendamiento es de cinco (5) años a contar desde la fecha de esta escritura, prorrogable a otros cinco años siempre y cuando ambas partes asi lo hayan convenido;

"(b) Que el arrendatario pagara un canon anual de mil pesos (P1,000) pagadero por adelantado en el domicilio de la arrendadora, empezando el 1.
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