Implied new lease

Dear PAO,

I rented an apartment unit for a period of one year, from 01 January 2022 until 31 December 2022, payable on a monthly basis. When the last day of the year came, I continued occupying the premises and paid my monthly rental up to this date. I am only concerned about my occupation of the property, so I want to ask if my lessor has the right to evict me at any time. Can he do so?

Melody

Dear Melody,

Please be informed of the Supreme Court's ruling in the case of Samelo vs Monotok Services Inc. (G.R. 170509, 27 June 2012, Ponente: Honorable Associate Justice Arturo Brion), where it was held that:

«In the present case, it is undisputed that the petitioner and the respondent entered into a contract of lease. We note in this regard that in her answer with affirmative defenses and counterclaim before the MeTC, the petitioner did not deny that she signed the lease contract (although she maintained that her signature was obtained through the respondent's misrepresentations). Under the lease contract, the petitioner obligated herself to pay a monthly rental to the respondent in the amount of ₱3,960.00. The lease period was for one year, commencing on January 1, 1997 and expiring on December 31, 1997. It bears emphasis that the respondent did not give the petitioner a notice to vacate upon the expiration of the lease contract in December 1997 (the notice to vacate was sent only on August 5, 1998), and the latter continued enjoying the subject premises for more than 15 days, without objection from the respondent. By the inaction of the respondent as lessor, there can be no inference that it intended to discontinue the lease contract. An implied new lease was therefore created pursuant to Article 1670 of the Civil Code, which expressly provides:

»Article 1670. If at the end of the contract the lessee should continue enjoying the thing leased for fifteen days with the acquiescence of the lessor, and unless a notice to the contrary by either party has previously been given, it is understood that there is an implied new lease, not for the period of the original contract, but for the time established in Articles 1682 and 1687. The other terms of the original contract shall