Manila Gas Corporation v. Calupitan

VILLA-REAL, J.:

The defendant, Alfredo B. Calupitan, appeals to this court from the decision of the Court of First Instance of Manila, the dispositive part of which reads: Judgment is therefore rendered, sentencing the defendant to return the stove and the gas water heater described in the complaint, and to pay for the use of the gas water heater the sum of P5 a month from June, 1934, and for the use of the Krefft Stove the sum of P4 a month from January, 1934, until they are returned, with costs of suit. In support of his appeal the appellant assigns six errors allegedly committed by the trial court in its decision, on which we shall dwell in the course of this decision. From the evidence of record are gathered the following facts: On May 3, 1933, the Manila Corporation and the defendant-appellant, Alfredo B. Calupitan, entered into a contract (Exhibit A), containing the following pertinent recitals: LEASE AGREEMENT This agreement, made in the City of Manila, P. I., this 3rd day of May, 1933, between the Manila Gas Corporation, a domestic corporation duly organized and existing under and by virtue of the laws of the Philippine Islands, and having its principal place of business therein in the City of Manila, with its main office at Calle Otis, Paco, in said City of Manila, hereinafter called the "OWNER", and Alfredo B. Calupitan, of age and a resident of No. 9 Baldwin, Sta.

Cruz, P. I., hereinafter called the "LESSEE". WITNESSETH: That 1. The Owner hereby leases unto the Lessee and the Lessee hereby hires from the Owner, for a term of .

. . months, which term may be extended at the will of the Owner, the following described personal property, to wit: 1.

No. 234 Krefft stove of 4 brs. S. H. which the Lessee acknowledges having received in good state and condition, and the value of which is hereby mutually agreed to be P60, subject to and under the terms and conditions hereinafter specified. 2.

The Lessee hereby agrees - (a) To pay to the Owner, at its office above stated, for the use of the above described property, the sum of P5, upon the signing of this agreement, and a monthly rental of P4, on or before the 5th day of each succeeding month, beginning with the month next ensuing the date thereof. x x x x x x x x x 4. The Owner agrees that at any time before the expiration of the terms of this lease, the Lessee may purchase the said property by paying to the owner, in cash, the full value under as above fixed, less all payments theretofore made under this agreement, for the use of said property.

On March 3, 1934, that is, ten months after the execution of the contract Exhibit A, above-quoted, the same parties entered into another contract (Exhibit B) of the same tenor, except with respect to the article and the terms of payment, which are as follows: 1. No. 400 Piccolo Inst. Water Heater which the Lessee acknowledges having received in good state and condition, and the value of which is hereby mutually agreed to be P95, subject to and under the terms and conditions hereinafter specified.

2. Lessee hereby agrees - (1) to pay to the Owner, at its office above stated, for the use of the above described property, the sum of P5 upon the signing of this agreement, and a monthly rental of P5, on or before the 5th day of each succeeding month, beginning with the month next ensuing the date thereof. In accordance with the terms of both contracts, the said defendant paid to the plaintiff, when the latter delivered to him the stove, the sum of P5, and another sum of P5 when the water heater "Piccolo Inst.

Water Heater" was delivered to him, and monthly thereafter, the total of said payments amounting to P42: P27 by virtue of the contract Exhibit A and P15 by virtue of the contract Exhibit B, for which receipts were issued in the following form (Exhibit 1): Received from Mr. Alfredo Calupitan .......... pesos (P.........) as partial payment on Gas appliance Bill No. .........

leaving a balance thereon of P...... MANILA GAS CORPORATION