[go: up one dir, main page]
Scribd
Upload
244 views1 page

Yuki

The petitioner Joven Yuki Jr. was leasing commercial property from the previous owner Joseph Chua. When the property was sold to Wellington Co., multiple notices were sent to Yuki to vacate as the contract would not be renewed, however Yuki refused delivery of all notices. The court ruled that the lessor's right to use their property cannot be prejudiced by the lessee's refusal to receive valid notices, and registered mail notices are considered served after 5 days if unclaimed from the post office. Yuki's refusal to accept notices could only be attributed to himself, and the demands and filing of an ejectment suit showed the respondent's intent not to renew the lease.

Uploaded by

1234567890
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
244 views1 page

Yuki

The petitioner Joven Yuki Jr. was leasing commercial property from the previous owner Joseph Chua. When the property was sold to Wellington Co., multiple notices were sent to Yuki to vacate as the contract would not be renewed, however Yuki refused delivery of all notices. The court ruled that the lessor's right to use their property cannot be prejudiced by the lessee's refusal to receive valid notices, and registered mail notices are considered served after 5 days if unclaimed from the post office. Yuki's refusal to accept notices could only be attributed to himself, and the demands and filing of an ejectment suit showed the respondent's intent not to renew the lease.

Uploaded by

1234567890
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

Joven Yuki, Jr. v. Wellington Co, GR No. 178527, 27 November 2009.

Second Division
Del Castillo, J.

FACTS: Petitioner Joven Yuki, Jr. was leasing a part of a commercial building owned
by Joseph Chua. A month before the end of the lease contract, the parcel of land,
together with the building, was sold to respondent Wellington Co. Respondent sent a
notice to Yuki even prior to the expiration of the contract that he will need the
premises, thus the contract will not be renewed; a copy of which was left at
defendant’s store, for his refusal to acknowledge the receipt of the same. The said
notice was also sent by registered mail but it was returned to sender for failure of the
defendant to claim the same at the post office. A formal demand was served to him
personally which he refused to acknowledge that he received the same, so a copy of
that same letter was sent by registered mail but defendant refused to claim the same
for which it was returned to sender.

ISSUE: Is there a valid notice to vacate when the lessee refuses to receive letters of
notice?

RULING: YES. The stubborn refusal to receive the notices to vacate should not
prejudice the right of the lessor-respondent, to use and enjoy the fruits of his
property. If the addressee refuses to accept delivery, service by registered mail is
deemed complete if the addressee fails to claim the mail from the postal office after
five days from the date of first notice of the postmaster. Further, the absence of
personal service of notice to vacate in this case could only be attributed to petitioner’s
unexplainable refusal to receive the same. The formal demands to vacate sent to
petitioner, coupled with the filing of an ejectment suit, are categorical acts on the part
of respondent showing that he is not amenable to another renewal of the lease
contract.

You might also like