Proving a Lost Lease with Secondary Evidence and Ejectment Rights in Philippine Law

When a lease contract is lost, can a lessor still prove its existence and eject a non-paying tenant? The Supreme Court’s decision in Santos v. Court of Appeals (G.R. No. 135481, October 23, 2001) answers this question. The case clarifies how secondary evidence may be used to prove the contents of a lost document and when a landlord may lawfully evict a tenant for non-payment of rent.

The Facts of the Case

In 1989, Ligaya Santos occupied a canteen owned by the Philippine Geriatrics Foundation, Inc. (PGFI) under a letter-contract of lease. The contract required her to pay monthly rent of P1,000.00. In December 1993, PGFI asked Santos to vacate the premises, but she refused. PGFI later sent a demand letter asking her to pay rental arrears and leave. When Santos still refused, PGFI filed an ejectment case.

The problem: PGFI could not produce the original lease contract. It had been lost when PGFI was forcibly evicted from its office, and its files were left on the street where they were susceptible to theft. PGFI presented an unsigned photocopy of the contract and affidavits from its trustees who had signed the original. The Metropolitan Trial Court dismissed the case, ruling that PGFI failed to prove the lease contract's existence. The Regional Trial Court affirmed. The Court of Appeals reversed, and the Supreme Court affirmed the appellate court's ruling.

The Issue

The central issue was whether PGFI could prove the existence and contents of the lost lease contract through secondary evidence, and whether Santos could be ejected for non-payment of rent.

The Ruling: Secondary Evidence Is Allowed

The Supreme Court held that PGFI properly resorted to secondary evidence. Under Rule 130, Section 5 of the Rules of Court, when the original document has been lost or destroyed, the offeror may prove its contents by a copy, by a recital of its contents in an authentic document, or by the testimony of witnesses—in that order.

Before secondary evidence is admitted, the offeror must prove three things: (1) the execution or existence of the original; (2) its loss or destruction; and (3) that its unavailability is not due to the offeror's bad faith.

In this case, PGFI satisfied all three requirements. The affidavits of its trustees, who were signatories to the contract, established the contract's existence and due execution. The affidavit of PGFI's president attested to the loss of the original during the forcible eviction. There was no showing of bad faith.

The Court also noted that even without the unsigned photocopy, the testimonial evidence alone—the affidavits reciting the contract's contents—was sufficient to prove what the lost contract contained. The unsigned copy was merely cumulative.

The Original Contract Found Later

After trial, PGFI found the original signed contract and moved for a new trial on the ground of newly discovered evidence. The trial court rejected it as "forgotten evidence." The Supreme Court held this was not fatal. Since secondary evidence had already established the contract's existence and contents, the original contract merely confirmed what had already been proven. Notably, Santos did not question the genuineness of the original or her signature on it.

Ejectment for Non-Payment of Rent

The Court then addressed whether Santos could be ejected. The lease period was two years and expired in December 1991. Santos continued occupying the premises, so the lease was impliedly renewed on a month-to-month basis under Articles 1670 and 1687 of the Civil Code. When Santos stopped paying rent in December 1993, she violated the lease terms. Under Article 1673 of the Civil Code, a lessor may judicially eject a lessee for lack of payment of the stipulated price. PGFI was therefore justified in filing the ejectment case.

Practical Takeaways

• Keep originals safe. A lost document can be proven through secondary evidence, but the process is easier if you have witnesses who saw and signed the original.
• Secondary evidence has an order. Courts prefer a copy, then a recital in an authentic document, then testimonial evidence. Each is acceptable if the original is genuinely unavailable.
• Prove the three requisites. To use secondary evidence, you must show the original's existence, its loss or destruction, and that the loss was not due to your bad faith.
• A tenant who stays after the lease expires is on a month-to-month lease. The other terms of the original contract, including rent, continue to apply.
• Non-payment of rent is a valid ground for ejectment. A lessor may file an ejectment case when a tenant fails to pay rent, even after the original lease period has ended.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.