4/15/2021
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I am
Very truly Yours,
(Sgd.) RUPERTO E.
CUA, JR[14]
According to the Mañas Spouses, their right of first refusal embodied in the Lease
Contract was violated.[15]
Thus, before the trial court, the Mañas Spouses filed a Complaint praying that the
contract of sale be rescinded, the relevant title be canceled, and their right of first
refusal or option to buy be enforced.[16]
To this, Roselle filed a Motion to Dismiss[17] on the ground that the Complaint stated no
cause of action[18] and that the Mañas Spouses failed to comply with a condition
precedent, specifically, barangay conciliation.[19] She also averred that because the
contract was only impliedly renewed, the spouses' right of first refusal was not
renewed:
4. Defendant-movant [Roselle] submits that the plaintiffs [the
Mañas Spouses] have no right of first refusal or priority to buy
the leased property for the following reasons:
a.) he never exercised the option to renew the lease contract as
provided for under the Contract of Lease. Due to the failure to
exercise the option to renew the contract, the same became a
month-to-month contract since the manner of payment is
made on a monthly basis as shown by the contract itself,
thus:
"2. [T]hat the monthly rental shall be SIX THOUSAND
PESOS (P 6,000.00) which shall be payable on or before the
15th of the succeeding month, . . ."
b.) Since the contract of lease was not renewed, there was an
impliedly renewed contract considering that despite of the
same (sic), the lessee remained in possession for at least a
period of 15 days after expiration and that no prior demand to
vacate the premises was made by the lessor. . . .
....
c.) The implicit renewal of the contract of lease however, did not
likewise renew the right of first refusal or priority to buy as
granted in the original contract of lease because the only
provisions of a contract of lease which are impliedly renewed
are those that are germane to possession. The priority to buy
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66171
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