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Pamintuan, et al vs. CA, et al.

PEDRO PAMINTUAN and RUPERTO D. TAN, petitioners, vs. COURT OF APPEALS, LORENTE O. YARISANTOS and LOURDES O. YARISANTOS, respondents.

G.R. No. L-28367 | 1971-11-29

D E C I S I O N


FERNANDO, J:

The question before respondent Court of Appeals, as before us, is the right of private respondents, the lessors Llorente O. Yarisantos and Lourdes O. Yarisantos, to rescind a contract of lease for nonpayment of rentals on time. The facts as found by respondent Court left no doubt that there was indeed such a failure to do so on the part of petitioners, Ruperto Tan and Pedro Pamintuan, respectively the lessees and sublessees. Article 1659 of the Civil Code, which grants the right to the lessor in the event of the failure on the part of the lessee to comply with his obligations, is thus applicable. 1 So it was...