G.R. NO. 142474 - R.N. SYMACO TRADING CORPORATION AND/OR NORMA SYMACO, ESTATE OF MARIANO GUISON, VS. LUISITO T. SANTOS, FOR AND IN BEHALF OF THE MALABON FISH BROKERS ASSOCIATION, INC..

Ruling

WHEREFORE, it is most respectfully prayed that: The second lease contract between the Defendant Corporation and the Defendant Estate, which is evidenced by Annex B hereof, be annulled and set aside; The Defendant Estate be directed to execute a new contract over the aforesaid leased premises in favor of the Plaintiff Corporation; In the meantime that this action is pending, a temporary restraining order or a writ of preliminary injunction be issued stopping the Defendants or any other person acting under them from enforcing, in any manner, the second lease contract (Annex B hereof), and, after hearing, to make this injunction permanent. Plaintiff prays for such other just and equitable remedies proper under the premises. [12] The petitioner Estate opposed the respondent's plea for injunctive relief, alleging that Santos had filed the complaint simply because Patricinio Gaddi and spouses Emmanuel and Angelina Cruz, the sublessees of his stall in the fish market, had been evicted based on the MTC decision in Civil Case No. 057-90. During the hearing of the MFBAI's plea for injunction, Santos testified and declared that he was a member of the said corporation. A market was constructed on the leased property, where he leased Stall No. 39, but Symaco Corporation had him evicted. When the contract of lease between Mariano Guison and MFBAI expired, he asked the corporate secretary, Brigida Bautista, why it was not renewed, and he was told that nothing could be done about it. He also inquired from other officers, to no avail. He admitted that he was not aware of any meeting of the MFBAI Board of Directors regarding the renewal of the contract of lease. He thus decided to file the complaint in behalf of MFBAI. Restituto Santos testified that Lino Buhain even issued a certification that his son, Luisito T. Santos, was member of MFBAI. [13] In opposition to the motion for a writ of preliminary injunction, the petitioners presented Linda Sioson, MFBAI treasurer since 1979 to 1990. She testified that although Santos had been a member of the MFBAI, he was able to pay his membership fee and monthly dues only from August 1983 to February 1984, and a part of March 1984, and never offered to pay his dues despite reminders. [14] Lino Buhain testified that the MFBAI failed to pay its rentals over the subject property for four years because of a dispute (between his group and that of Marcos Valle, Jr.) as to who were its legitimate members and officers; its members likewise failed to pay their membership dues. Nonetheless, the MFBAI was able to build a fish market on the property and leased the stalls therein to its members. On July 9, 1985, a Deed of Assignment over its leasehold rights under its contract of lease was executed by Mariano Guison to the MFBAI, represented by its president, Luzviminda Francisco. On April 9, 1990, the corporation received a letter from the Heirs of Mariano Guison informing it that the contract of lease would not be renewed. Petitioner N