CASE 2016-0038: TAN SIOK1 KUAN and PUTECHING, VS. FELICISIMO “BOY” HO, RODOLFO C. RETURTA,2 VICENTE M. SALAS, and LOLITA MALONZO, (G.R. 175085, 01 JUNE 2016, PEREZ J.) (SUBJECT/S: UNLAWFUL DETAINER; RES INTER ALIAS ACTA)  (BRIEF TITLE: KUAN ET AL. VS. HO ET AL.)

 

DISPOSITIVE:

 

“WHEREFORE, finding no reversible error in the assailed rulings, the Court resolves to DENY the present petition. Accordingly, the Decision dated June 29, 2006 and the Resolution dated October 17, 2006 of the Court of Appeals are hereby AFFIRMED and the complaints for unlawful detainer filed by petitioners Tan Siu Kuan and Pute Ching against respondents Felicisimo “Boy” Ho, Rodolfo Returta, Vicente Salas, and Lolita Malonzo are DISMISSED.

 

SO ORDERED.”


SUBJECTS/DOCTRINES/DIGEST:

 

WHAT IS THE PRINCIPLE OF RES INTER ALIAS ACTA?

 

IT STATES THAT THE RIGHT OF A PARTY CANNOT BE PREJUDICED BY AN ACT, DECLARATION OR OMISSION OF ANOTHER, EXCEPT AS HEREINAFTER PROVIDED, AMONG WHICH ARE: (1) ADMISSION BY THIRD PARTY, (2) ADMISSION BY CO-PARTNER OR AGENT, (3) ADMISSION BY CONSPIRATOR, AND ( 4) ADMISSION BY PRIVIES.

 

WHAT IS THE RATIONALE BEHIND SAID PRINCIPLE?

 

ON  A PRINCIPLE OF GOOD FAITH AND MUTUAL CONVENIENCE, A MAN’S OWN ACTS ARE BINDING UPON HIMSELF, AND ARE EVIDENCE AGAINST HIM. SO ARE HIS CONDUCT AND DECLARATIONS. YET IT WOULD NOT ONLY BE RIGHTLY INCONVENIENT, BUT ALSO MANIFESTLY UNJUST, THAT A MAN SHOULD BE BOUND BY THE ACTS OF MERE UNAUTHORIZED STRANGERS; AND IF A PARTY OUGHT NOT TO BE BOUND BY THE ACTS OF STRANGERS, NEITHER OUGHT THEIR ACTS OR CONDUCT BE USED AS EVIDENCE AGAINST HIM.

 

WHAT HAPPENED IN THIS CASE?

 

PETITIONERS FAILED  TO PROVE THAT LESSOR-LESSEE RELATIONSHIP EXIST. NO LEASE CONTRACT WAS PRESENTED. THERE WAS NO PROOF OF RENTAL PAYMENTS.

 

THUS PETIONERS APPEAR AS STRANGERS TO RESPONDENTS. THEIR ALLEGATIONS AS LESSORS WHICH WERE VEHEMENTLY DENIED BY RESPONDENTS CANNOT BE USED AS EVIDENCE AGAINST RESPONDENTS.

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

SCD-2016-0038-KUAN

 

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “jabbulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “jabbulao and forum shopping”.