4/7/2021 E-Library - Information At Your Fingertips: Printer Friendly THIRD DIVISION [ G.R. No. 197022, January 15, 2020 ] PHILIPPINE-JAPAN ACTIVE CARBON CORPORATION, PETITIONER, VS. HABIB BORGAILY, RESPONDENT. DECISION CARANDANG, J.: Before Us is a Petition for Review on Certiorari[1] filed by petitioner Philippine-Japan Active Carbon Corporation assailing, the Decision[2] dated Feb1uary 25, 2011 of the Court of Appeals (CA) in CA-G.R. SP No. 01315 dismissing the complaint of petitioner for lack of jurisdiction. Antecedents On July 17, 2002, Philippine-Japan Active Carbon Corporation (petitioner) leased two apartment units from Habib Borgaily (respondent) for P15,000.00 each unit. The two lease contracts[3] have a lease period from August 1, 2002 to August 1, 2003. To secure faithful compliance of the obligations of petitioner under the lease contracts, a security deposit was required, to wit: 19. Upon signing hereof, the LESSEE shall pay a deposit of FORTY FIVE THOUSAND PESOS (P45,000.00) as a security for the faithful performance by the LESSEE of his obligations herein provide[d], as well as to answer for any liability or obligation that the LESSEE may incur to third parties arising from or regarding the use of the subject premises. Accordingly, said deposit may not be applied to any rental due under this contract and shall be refunded to the LESSEE only upon termination hereof after ascertaining that the latter has no further obligations under this contract or to any person or entity from or regarding the use of the premises.[4] Petitioner deposited the amount of P90,000.00 as security deposit for the two apartment units. The lease contract was not renewed after the expiration of the lease on August 1, 2003. However, petitioner still occupied the premises until October 31, 2003. After vacating the premises, petitioner asked respondent to return the amount of P90,000.00. Petitioner alleged that it has no outstanding obligation to any person or entity relative to the use of the apartment units to which the security deposit may be held accountable. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66024 1/8

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