585 Phil. 279
AZCUNA, J.:
Except for Virginia Ocampo, all defendants filed their jointly executed Answer with Counterclaims, averring that:x x x
- Plaintiffs are the heirs of the deceased EUDOSIA D. DAEZ. Part of the estate left by said deceased is a certain property consisting of a lot and apartment units situated at 654 McArthur Highway, Bonifacio, Caloocan City[,] and covered by TCT No. 21852 still in the name of deceased EUDOSIA D. DAEZ. Copy of TCT No. 21852 is hereto attached as Annex "B";
- Defendants are the tenants and actual occupants of the aforesaid apartment units on a verbal lease agreement on a [month-to-month] basis. The apartment units consisting of two (2) buildings were erected way back in [1950s];
- Sometime in 1996, plaintiffs observed that the buildings are already getting old and dilapidated. Thinking of the safety of its tenants/occupants, plaintiffs requested the City Engineer's Office to inspect the building. After inspection, the City Engineer's Building Inspector rendered a report recommending the immediate restructuring or general repair of the building to avoid accident and hazard to lives and properties of the tenants. Copy of the report dated December 12, 1996 is hereto attached as Annex "C";
- [On] January 21, 1997[,] plaintiffs through DAN DAEZ received a letter from the City Engineer's Office requiring plaintiffs to comply with the recommendation of the Building Inspector by restructuring the buildings;
- Pursuant to said letter dated January 21, 1997 sent to plaintiffs by the City Engineer, plaintiffs sent formal notice to vacate upon defendants terminating the verbal lease contract on a [month-to-month] basis for the purpose of effecting the necessary restructuring of the buildings;
- Defendants despite receipt of the letter failed [and] refused to vacate thereby endangering not only their lives and properties but that of the public as well. [Copies] of the individual letters are hereto attached as Annexes "D" to "R";
- Under Sec. 5(e) of the B.P. 877[,] otherwise known as [the] Rent Control Law, need of the lessor to make the necessary repairs of the leased premises which is the subject of an existing order of condemnation by proper authorities concerned to make said premises safe and habitable is a ground for ejectment, hence this case;
- Defendants should be held liable for [plaintiffs'] litigation expenses and costs in the amount [not] less than P20,000;
- This dispute is exempted from the barangay conciliatory proceedings as the parties are residents of different cities.[6]
Ocampo briefly added in her separately filed Answer that the Heirs of Daez have no cause of action inasmuch as their perceived motive in requesting for the inspection of the building was only to obtain a legal basis to eject defendants, and that she must be reimbursed in the amount of P100,000 for the expenses she incurred in the repair of the toilet and water drainage, repainting of the walls and ceiling, and other improvements in her unit.x x x
- Defendants are bonafide tenants/lessees of [the] [Daez] apartment located at 654 McArthur Highway, Bonifacio, Caloocan City for the past many years, as follows: Nimfa Mitre Reyes, 29 yrs[.]; Pamela Tabon, 32 yrs[.]; Allen Pascual, 35 yrs[.]; Linda Coronado, 24 yrs[.]; Betty Feliciano, 31 yrs[.]; Baby Alvarez, 25 yrs[.]; Virginia Ocampo, 10 yrs[.]; Federico Mateo, 20 yrs[.]; Fernando Frias, 19 yrs[.]; Baby Javier, 21 yrs[.]; Romulo Marca, 28 yrs[.]; Remedios [Maymiero], 22 yrs[.]; Flor Masmela, 22 yrs[.]; Vivian [Sazon], 20 yrs[.]; and Salvador Nebres, 27 yrs[.];
- The lease agreement of defendants is with the lessors, Sps. Lope [Daez] and Eudosia Diaz Daez and were and still are originally covered by the Rent Control Law, BP 877 and its extending laws, Republic Act 7644, hence within [their] mantle and ambit of [their] coverage;
- That during all the years that herein defendants had occupied their respective apartments at the agreed monthly rentals, and as subsequently provided under the Rent Control Law, defendants had religiously paid their monthly rentals and had not violated any of the terms and conditions of their lease agreement with the said Sps. Lope [Daez] and Eudosia Diaz Daez;
- That during all the years that herein defendants had occupied their respective apartments, the [lessors-owners] thereof, had refused and failed to adequately maintain the two building apartments, so that for the past many years, defendants had maintained the same, spending for themselves the necessary repairs of the said apartments to maintain the same to be a safe and sound dwelling place, as evidenced by the pictures hereto attached x x x;
- That contrary to the allegations of the plaintiff that the building apartments subject of this case are dilapidated and no longer safe as dwelling houses, Annexes ["1" to "33"] will readily show that the said apartments are in good, sound, and safe conditions in view of the fact that[,] as already alleged herein[,] defendants had taken [care] of the proper repairs and maintenance of their respective apartments and readily contributed to the general repairs and maintenance of the two (2) building apartments except those which were recently damaged by the typhoon which is the responsibility of the [lessors-owners] thereof;
- That the alleged findings of the City Engineer of Caloocan City x x x in fact will readily show that the alleged [damage/s] to the apartments are superficial and mere ordinary wear and tear[;] and that while it recommended re-structuring, it did not specify, much less gave any plans and specifications [on] what is meant by re-structuring of the building[,] so that the report of the said City Engineer and/or Inspecting Engineer is merely to undertake general repairs of the exterior portions of the apartments in question;
- That whatever exterior repairs which might be undertaken by the [lessors-owners] thereof could be accomplished without ejecting herein defendants except if plaintiff in this case has other motive in filing this instant case other than [what is] alleged in the complaint[;] hence[,] Sec. 5(e) of BP 877 will not necessarily apply and/or be operative as against the defendants;
- That the claim of plaintiff for all the defendants to pay monthly rentals of P2,000.00 from the day defendants should vacate per notice sent by plaintiff is without just and valid basis both as to facts and law considering that [defendants'] lease agreement with the [lessors-owners], SPS. LOPE AND [EUDOSIA] DAEZ are within the coverage of the Rent Control Law;
- That TCT No. [21852] x x x show that the land and the two (2) apartment buildings occupied by the defendants [are] still registered in the name of [EUDOSIA] DIAZ DAEZ, married to LOPE DAEZ[,] and[,] therefore[,] the plaintiff, more particularly CECILIA D. DAEZ had no right much less any legal personality to file this instant case, being that the mere allegations that the [complainants] are the heirs of [EUDOSIA] D. DAEZ represented by CECILIA D. DAEZ [as] Attorney-in-Fact is insufficient to clothe CECILIA D. DAEZ that power to file this instant case[,] exercising power of dominion over the said real property covered by TCT No. [21852];
- That plaintiff has no cause of action as against herein defendants and that there was failure on the part of the plaintiff to comply with the provisions of PD 1508[,] as amended by the provisions of [the] Local Government Code with reference to the [arbitration] powers and functions of the Katarungang Pambarangay where the real property in question is located;[7]
1) Whether there is a real need to renovate the subject premises[;] [and]On the bases of the foregoing issues, the parties were ordered to submit the affidavits of their witnesses and other evidence, together with their respective position papers.
2) Whether there is a need to vacate the premises during the renovation.[8]
Wherefore, [judgment] is hereby rendered in favor of the plaintiffs ordering the [afore-named] defendants and all persons claiming right under them:Defendants appealed to the RTC. In their Appeal Memorandum,[11] they contended that an examination of the complaint would reveal that key jurisdictional allegations supporting an action for ejectment were lacking. In particular, they claimed that neither was there an allegation of prior material possession by respondents (in case of forcible entry) or a showing that the Heirs gave them the right to occupy the premises (in case of unlawful detainer). Defendants posited that the proper legal recourse should have been an accion publiciana or accion reivindicatoria, either of which is within the jurisdiction of the RTC.SO ORDERED.[10]
- To vacate the premises in question and restore possession thereof to the plaintiffs;
- To pay plaintiffs thru their attorney-in-fact, Cecilia D. Daez, the reasonable compensation for their use of the premises at the rate of P500.00 per month per unit from April 1997 until the premises is fully vacated;
- To reimburse to plaintiff the amount of P10,000.00 as and for attorney's fees and for costs and litigation expenses.
Petitioners argue that Sec. 9 in relation to Sec. 3 (B) of the Revised Rule on Summary Procedure absolutely requires the submission of affidavit/s of witnesses and verified Position Paper. Compliance is mandatory since the Summary Procedure is a departure from the Rules on Trial Order under Rule 30 and the Rules on Evidence under Rules 128 to 130 of the Revised Rules of Court. Moreover, as provided for in Sec. 10 of the Summary Procedure, the affidavits and the verified Position Paper are the bases upon which the court shall rely on in determining the law and the facts applicable to the case. Thus, with the non-observance of the Rules, the lower courts did not render decisions pursuant to the constitutional proscription that "[no] decision shall be rendered x x x without expressing therein clearly and distinctly the facts and the law on which it is based,"[18] and the Decision of the MTC, as affirmed by the RTC and Court of Appeals, was founded on hearsay evidence. According to petitioners, the absence of substantial evidence upon which the lower courts' decisions must have been based deprived them of their right to due process.
- It failed to consider the constitutional mandate that all decisions of the court shall be supported with evidence, such that the CA erred to have affirmed the appealed Decision despite respondents' failure to submit their affidavit of direct testimony and their Position Paper was unverified;
- It concluded that the assigned error regarding the absence of affidavits and failure on the part of respondents to verify their Position Paper was not raised at the earliest possible opportunity; and
- It failed to consider the substantial evidence rule.