GR L 1433 5; (June, 1948) (Digest)
G.R. No. L-1433 to L-1435. June 30, 1948.
EDILBERTO MORALES, petitioner, vs. MECELIO ZAMORA, respondent.
FACTS
Edilberto Morales was the lessee of premises at 1204 Rizal Avenue, Manila, under an oral contract since December 1941, using it to operate a barbershop at a monthly rental. He failed to pay rent regularly starting November 1944. In May 1945, the owner, Melecio Zamora, notified Morales to vacate as he needed the premises for his own business. Morales refused, leading to three consolidated cases: one by Morales to compel Zamora to accept rental payment, one by Zamora for ejectment, and one by Zamora for damages. The Court of First Instance of Manila and the Court of Appeals ruled in favor of Zamora, ordering Morales to vacate and pay back rent. Morales appealed, invoking the protection against ejectment under Republic Act No. 66 .
ISSUE
Whether Republic Act No. 66 , which restricts ejectment of tenants from dwellings, applies to the premises occupied by Morales, thereby barring his ejectment.
RULING
No. Republic Act No. 66 does not apply. The Court, adopting the factual findings of the Court of Appeals, held that the premises were used for a commercial barbershop business, not merely as a dwelling or for a home industry. The barbershop had six chairs and employed barbers not belonging to Morales’s family, constituting a commercial establishment. The law protects only dwellings or buildings used both as a dwelling and for home industries intended for family support. A commercial barbershop does not qualify. Therefore, Zamora was entitled to eject Morales under the Civil Code provisions governing leases without a fixed term. The decision of the Court of Appeals was affirmed.
AI Generated by Armztrong.