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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
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])