4/15/2021
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6. That parties agree also that in case of any conflict or
dispute that may subsequently arise out of this
covenant, to refer the matter to the Philippine
Mediation Center, Bulwagan ng Katarungan, for
Mediation and settlement, before any Accredited
Mediator who is a Lawyer; Provided, further, that in the
remote event that no such settlement is reached before
the said Mediator, that the venue of any litigation that
may arise, shall be in a competent court in Tacloban
City.
....
8. Finally, should the LESSOR desire to sell the subject
real property, he shall notify first the LESSEE about
such intent, and the latter is given Thirty (30) days
within which to accept the offer, or make a [counter]offer, in writing; Provided, that the LESSOR may reject
the Counter-offer in writing, within the same period of
time, in which case, he shall have the right to sell the
same to any interested party.[7]
It appears that the Lease Contract lapsed in 2006, with no express renewal.
However, the Mañas Spouses continued using the premises and paying the
rentals, without any objections from Rosalina and her children, Janet and
Anthony.[8]
On February 14, 2008, Chy Tong Sy Yu sold several parcels of land, including
the property being leased to the Mañas Spouses, to Ma. Therese Roselle UyCua (Roselle). The sale was made "with the conformity"[9] of Rosalina,
Janet, and Anthony. The titles to the properties were subsequently
transferred to Roselle.[10]
However, the Mañas Spouses claimed that they were neither informed of the
sale nor offered to purchase the property.[11] They said that only upon
receiving a letter[12] dated June 2, 2008 from RMC Trading did they learn of
the sale of the property.[13] The letter from RMC Trading stated:
Dear Mr. Manias (sic):
Kindly be informed that we are now the new owners of the land where your
business/residence is situated, particularly Lot No. 546 B. In this connection
we are going to occupy and build something on said land, for our own use
and benefit. May we therefore request that you kindly relocate your
business/residence to give way to our construction, within 30 days from
your receipt hereof Thank you for your compliance hereof.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66171
2/14