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CMS INVESTMENTS AND MANAGEMENT CORPORATION and LUIS

F. SISON v. THE INTERMEDIATE APPELLATE COURT


[G.R. No. L-64325. October 3, 1985.]

Facts:
Petitioner and respondent entered into an oral contract of lease for ten years.
Petitioner then sent a letter to respondent to vacate the premises. When
respondent refuses to vacate, petitioner enclosed with barbed wire the leased
land padlocked the offices of the respondent.

Issue:
Is respondent entitled to damages?

Held:
Yes. The act of padlocking the offices of the private respondent on June 8,
1982 and the act of enclosing with barbed wire the leased land and the
private respondent’s offices are a clear violation by the lessor, the petitioners
herein, of their third obligation mandated by Section 3 of Article 1659 of the New
Civil Code. These acts by the lessor set at naught the duty required of
the lessor by the New Civil Code.

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