No, the act was not lawful. Even if the lessee’s right to occupy the premises has expired, the lessor cannot physically oust the lessee from the…

The question

No, the act was not lawful. Even if the lessee’s right to occupy the premises has expired, the lessor cannot physically oust the lessee from the leased premises if the latter refuses to vacate. The lessor must go through the proper channels by filing an appropriate case for unlawful detainer or recovery of possession. Every possessor has a right to be respected in his possession (Article 539) and in no case my possession be acquired through force or intimidation as long as there is a possessor who objects thereto. (Article 536) The act of Francisco is an abuse of rights because even if he has the right to recover possession of his property, he must act with justice and give the lessees their day in court and observe honesty and good faith. XIX. Who enjoys the Right of Retention?

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