JurisAtlas

HomeBar Review2022Civil LawQuestion 18

Question 18

2022 Bar · Civil Law · 2 sub-questions

6. [This item has two questions.] Jungkook, who owns a building, leases the same to Gel with the following terms: (i) the lease is for a period of ten years; (ii) the yearly rental is Php 1,200,000.00 payable within the first ten days of the current year; and (iii) in case of breach of any of the provisions of the lease, Gel is liable to pay Jungkook five monthly rentals and attorney’s fees. Five years into the lease, Gel sends a notice to terminate the lease and offers to pay five monthly rentals. Despite Jungkook’s objections, Gel vacates the premises. Jungkook sues Gel for the rentals due for the remaining five years of the lease. Gel takes the position that her liability should only be limited to five monthly rentals and attorney’s fees.
(a)(a) Is there a penalty clause in the lease agreement? Explain briefly.
(b)(b) As between Jungkook and Gel, who is correct? Explain briefly. (5 points)

Model answer · ALAC

Answer — Legal basis — Application — Conclusion.

AI-drafted in ALAC form and AI-verified against landmark authorities — refined with every round of verification.

Sign in free to read Question 1 of every Civil Law year — subscribe to unlock all model answers & authorities.

Sign in or register — it's freeHave an access code? Redeem it →