SECOND DIVISION
[G.R. No. 243836. March 11, 2019.]
SPOUSES NILO MALLARI AND JOSEFE MALLARI, SPOUSES GERALD SCHWARTZ AND BELLA SCHWARTZ, AND SPOUSES RICARDO TIANSING AND IMELDA TIANSING, ET AL., petitioners,vs. CRISOSTOMO D. ROLLE, LUZVIMINDA ROLLE MERCADO, AND RONNIE D. ROLLE, ET AL., respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated11 March 2019which reads as follows:
"G.R. No. 243836 (Spouses Nilo Mallari and Josefe Mallari, Spouses Gerald Schwartz and Bella Schwartz, and Spouses Ricardo Tiansing and Imelda Tiansing, et al.v. Crisostomo D. Rolle, Luzviminda Rolle Mercado, and Ronnie D. Rolle, et al.)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the May 17, 2018 2 and December 14, 2018 3 Resolutions of the Court of Appeals (CA) in CA-G.R. SP No. 148447 for failure of petitioners Spouses Nilo Mallari and Josefe Mallari, Spouses Gerald Schwartz and Bella Schwartz, and Spouses Ricardo Tiansing and Imelda Tiansing, et al., (petitioners) to sufficiently show that the CA committed any reversible error in upholding their ejectment from the subject premises, denominated as Lots 3-B-9, 3-B-10, and 3-B-11, consisting of 1,467.90 square meters located at Espiritu-Arellano Streets, Singalong, Manila (subject property). 4
As correctly ruled by the CA, respondents Crisostomo D. Rolle, Luzviminda Rolle Mercado, and Ronnie D. Rolle, et al., as owners of the subject property, have the right to evict petitioners therefrom by virtue of the expiration of their verbal month-to-month contracts of lease, as evinced by the notices to vacate 5 they sent to the latter. 6 Case law instructs that a notice to vacate constitutes an express act on the part of the lessor to end a month-to-month lease, and that the lessee's failure to heed the same gives rise to a cause of action for unlawful detainer, 7 as in this case.
SO ORDERED."
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 9-26.
2.Id. at 31-45. Penned by Associate Justice Ramon M. Bato, Jr. with Associate Justices Ramon A. Cruz and Pablito A. Perez, concurring.
3.Id. at 47-48.
4. See id. at 32.
5. See various notices dated March 12, 2014; id. at 86-116.
6. See id. at 43-44.
7. See Samelo v. Manotok Services, Inc., 689 Phil. 411, 419 (2012).