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    ObliCon Case Digest - Eleizegui vs. Lawn Tennis Club

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    Nilfpe Salcedo

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    ObliCon Case Digest - Eleizegui vs. Lawn Tennis Club

    Uploaded by

    Nilfpe Salcedo
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    Original Title

    18. ObliCon Case Digest - Eleizegui vs. Lawn Tennis Club

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    ObliCon Case Digest - Eleizegui vs. Lawn Tennis Club

    Uploaded by

    Nilfpe Salcedo

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    DARIO AND GAUDENCIO ELEIZEGUI VS.

    THE MANILA LAWN TENNIS CLUB


    G.R No. 967, May 19, 1903

    EN BANC

    ARELLANO, C. J.:

    NATURE OF ACTION

    This is a complaint concerning the lease agreement on a piece of land filed by Dario and
    Gaudencio Eleizegui.

    FACTS

    The main issue in the case is the duration of the lease. The lower court ruled in favor of
    the plaintiffs, stating that the lease was terminated by the notice given by the plaintiffs.
    The plaintiffs argued that the lease could be terminated by the will of the lessee, citing
    Article 1581 of the Civil Code. The Supreme Court rejected this argument and held that
    Article 1581 does not apply to a lease where the termination is expressly left to the will
    of the lessee. The court stated that the term of such a lease must be fixed by the courts
    according to the character and conditions of the mutual undertakings, in accordance
    with Article 1128 of the Civil Code. The court concluded that the lease could only be
    terminated by the will of the lessee and not by the lessor. The court also addressed the
    argument that the lease could be perpetual. The court stated that while the lease did
    not explicitly state a duration, it should be interpreted as temporary in nature, as leases
    are by their nature temporary. The court emphasized that the lease should not be
    terminated at the will of the lessor.

    ISSUE

    Whether or not the lease agreement can be terminated by the will of the lessee.

    RULING

    NO. The lease agreement cannot be terminated by the will of the lessee.

    It cannot be concluded that the termination of the contract is to be left completely at


    the will of the lessee, because it has been stipulated that its duration is to be left to his
    will.

    The Civil Code has made provision for such a case in all kinds of obligations. In speaking
    in general of obligations with a term it has supplied the deficiency of the former law with
    respect to the "duration of the term when it has been left to the will of the debtor," and
    provides that in this case the term shall be fixed by the courts. (Art. 1128, sec. 2.) In
    every contract, as laid down by the authorities, there is always a creditor who is entitled
    to demand the performance, and a debtor upon whom rests the obligation to perform
    the undertaking. In bilateral contracts the contracting parties are mutually creditors and
    debtors. Thus, in this contract of lease, the lessee is the creditor with respect to the
    rights enumerated in article 1554 and is the debtor with respect to the obligations
    imposed by articles 1555 and 1561. The term within which performance of the latter
    obligation is due is what has been left to the will of the debtor. This term it is which must
    be fixed by the courts.

    Digest by: Nilfpe Criss Salcedo

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