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LETTER OF INSTRUCTIONS
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LETTER OF INSTRUCTIONS NO. 768 |
Ministry of Local Government and Community
Development
It is noted that due to the absence of rules and regulations governing the implementation and enforcement of Presidential Decree No. 20, which amended Republic Act No. 6359, there has been confusion in its implementation in turn causing instability in the relationship between lessors and lessees of dwelling units. In view whereof, and to forestall further controversies on the matter, I am promulgating the following rules for the proper and effective implementation of the Decree:
1.
The Decree shall cover not only dwelling units, as
this term is defined in Republic Act No. 6359, used exclusively for
residential purposes but also those used by the lessees thereof for
home industries or retail stores under the following conditions: (a)
that the lessees and their families actually live therein and use the
place principally for dwelling purposes; (b) that the home industries
or retail store are operated only by the lessees themselves or by the
immediate members of their families, without the employment of any
other person; and (c) that the capital invested in such home industries
or retail stores does not exceed P5,000.00.
2.
Sub-leasing of the leased premises without the written consent of the
lessor shall constitute a violation of the terms of the lease which
shall give the lessor the right to file an action for ejectment in
court against the lessee.
3. The
following shall not constitute grounds for judicial ejectment of
lessees:
a.
That the lessee has failed to pay any increased
rental not mutually agreed upon; provided, that in case of refusal of
the lessor to accept payment of the rent previously agreed upon, the
lessee shall either consignate the amount in court or deposit the said
amount in a bank for the account of the lessor.
b. That the
lessor needs the leased premises for his own use or for the use of any
immediate member of his family; provided, however, that the lessor may
seek judicial ejectment of the lessee if he can prove that he has no
other dwelling unit available for his own use or for the use of the
immediate member of his family; provided, further, that even if the
lessor has another dwelling unit, such lessor may also seek judicial
ejectment of the lessee if he can prove that the lessee owns a dwelling
unit which he may use as his residence.
c. That the
leased premises have been mortgaged.
d. That the
leased premises need be repaired, except in the case of condemned
buildings for which an order of demolition has been duly issued.
e. That the
ownership of the leased premises has been transferred.
You are directed in accordance with Letter of Instruction No. 160 dated January 23, 1974 to see to the strict enforcement of these rules.
Done in the City of Manila, this 16th day of November, in the year of Our Lord, nineteen hundred and seventy-eight.
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