Saturday, December 5, 2009

Implied Lease

Under Article 1670, an implied new lease will set in if it is shown that: (a) the term of the original contract of lease has expired; (b) the lessor has not given the lessee a notice to vacate; and (c) the lessee continued enjoying the thing leased for 15 days with the acquiescence of the lessor. (Yuki v. Co, G.R. No. 178527, 27 December 2009)

Friday, December 4, 2009

Equal Protection of Law

In order that there can be valid classification so that a discriminatory governmental act may pass the constitutional norm of equal protection, it is necessary that the four (4) requisites of valid classification be complied with, namely:
  1. It must be based upon substantial distinctions;
  2. It must be germane to the purposes of the law;
  3. It must not be limited to existing conditions only; and
  4. It must apply equally to all members of the class. (Quinto v. Comelec, G.R. No. 189698, 1 December 2009)