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PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. L-3406. March 4, 1907. ]

JOSE ITURRALDE, Plaintiff-Appellee, v. SOTERO EVANGELISTA, Defendant-Appellant.

Ramon Diokno, for Appellant.

Ramon Fernandez, for Appellee.

SYLLABUS


1. LANDLORD AND TENANT; INCREASE OF RENT. — The landlord has right to increase the rent for any new period not covered by a contract, by giving proper notice of his intention so to do. If the tenant continues in the possession of the property after the termination of his contract, he will obliged to pay a reasonable amount for the use and occupation of such land. This reasonable amount is a question of evidence. (Valera v. Suttrell, No. 1617.)


D E C I S I O N


JOHNSON, J.:


This was an action originally brought by the plaintiff in the court of the justice of the peace of the pueblo of Cavite, in the Province of Cavite, for the purpose of recovering a certain parcel of land alleged to be within and constituting a part of the hacienda "La Estanzuela," which hacienda is located in the municipality of Cavite of said province, for the purpose of recovering rents alleged to be due and unpaid, and for damages for the wrongful withholding a such parcel of land. After a consideration of said cause the said justice of the peace dismissed said cause with costs to the plaintiff. The plaintiff appealed from this sentence to the Court of First Instance of the Province of Cavite.

In the Court of First Instance the plaintiff and appellant presented the following complaint:jgc:chanrobles.com.ph

"El demandante comparece y expone: — 1.
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