DOJ Opinion No. 117, s. 1983

DOJ OPINION NO. 117 , s. 1983 July 25, 1983 Mr. Manuel S.D. Villaseor Office of the Barangay Chairman Barangay No. 705, Malate Manila Sir : This refers to your request for opinion on your legal queries which we take it you have encountered in cases brought before you as Chairman of the Lupong Tagapayapa, the conciliation body created by P.D. No. 1508, the Katarungang Pambarangay Law. Your queries concern the implementation of Batas Pambansa Blg. 25, An Act Regulating Rentals of Dwelling Units or of Land on Which Another's Dwelling is located . . ." and of the National Internal Revenue Code of 1977, not the provision of P.D. No. 1508. Particularly, your queries are: 1. Where the tenants pay less than P300.00 a month rent, it is legal for the landlord to impose an increase in the rent equivalent to 10% of the annual rent? 2. It is legal or proper for the landlord to use "receipts leftover by the former deceased owner"? If not, what is the proper cause of action that may be taken against the landlord? 3. "Are ( sic ) there protection that a sub-lessee can avail against the landlord having a principal-lessee moved out in the premises, the latter having no written contract with the owner [?] The landlord is increasing the monthly rate . . . as a threat to eject the former sub-lessee." We regret that we have to decline to render opinion on your queries, the Ministry of Justice as Attorney General renders opinion only for national government functionaries mentioned in Section 83 of the Revised Administrative Code and then only on legal questions arising in the implementation of their respective functions and duties. Accordingly, he has consistently declined to render opinion on queries raised by local government officials except on legal questions arising in the implementation and administration of P.D. No. 1508. LexLib For the purpose of informing you only, we are quoting hereunder the pertinent provision of Batas Pambansa Blg. 25 which are pertinent to your first and third queries: "Section 1. Authority to Increase Rentals . Upon the effectivity of this Act and for a duration of five years thereafter the monthly rentals of all residential units not exceeding three hundred pesos shall not be increased, for any one year period, by more than ten per cent (10%) of the monthly rentals existing at the time of the approval of this Act." The above-quoted provision authorizes a ten percent (10%) increase in the monthly rental of residential units which does not exceed three hundred pesos (P300.00) for a period of five (5) years counted from the date of effectivity of aforecited law or from April 10, 1979, the date of its approval. (Section 11, Batas Pambansa Blg. 25) The said law also contains provisions concerning sub-leasing or assignment of lease which we quote: "Section 4. Subleasing or Assignment of Lease . Subleasing or assignment of the whole or any portion of the residential unit without the written consent of the owner lessor is prohibited. In no case shall the sublessor or assignor change rentals higher than the rental charged on the property by the owner/lessor; Provided, That if the subleased or assigned area is less than the total area originally leased, the rental shall be proportionately reduced." "Section 5. Grounds for Judicial Ejectment . Ejectment shall be allowed on the following grounds: (a) Subleasing units in whole or in part, without the written consent of the owner/lessor: Provided, That in the case of subleases or assignments executed prior to the approval of this Act, the sublessor/assignor shall have sixty days from the effectivity of this Act within which to obtain the written approval of the owner/lessor or terminate the sublease or assignment. . . ." LexLib Regarding your second query which would entail an interpretation of the provision of Section 216 of the National Internal Revenue Code of 1977 requiring persons subject to an internal revenue tax to issue duly registered receipts, you are advised to consult with the Minister of Finance who, upon recommendation of the Commissioner of Internal Revenue, is vested with the authority to promulgate all needful rules and regulations for the effective enforcement of the provisions of said code. (Sec. 326, National Internal Revenue Code of 1997) Very truly yours, For the Minister of Justice: (SGD.) JESUS N. BORROMEO Deputy Minister