Can abandonment per se be grounds for termination of a tenancy relationship?

In the Philippines, abandonment alone is generally not an automatic ground for terminating a tenancy relationship. However, it can be a valid reason for termination if certain conditions are met.

Key Considerations:

1. Definition of Abandonment

   • Abandonment means that the tenant voluntarily leaves the property without intent to return and fails to pay rent or fulfill obligations under the lease.

   • It must be clear and unequivocal that the tenant has no intention to come back.

2. Legal Basis for Termination

   • Civil Code of the Philippines (Article 1673): A landlord can terminate a lease due to non-payment of rent, violation of lease conditions, or lack of occupancy for an unreasonable period.

   • RA 9653 (Rent Control Act): If the tenant abandons the unit for an extended period without notice and without paying rent, the landlord may take action.

   • Agricultural Tenancy (RA 3844 - Agricultural Land Reform Code): Abandonment of farmland without justification can be a cause for termination of tenancy.

3. What Landlords Must Do

   • Serve a notice to vacate and follow the proper legal process.

   • File an ejectment case in court if necessary.

   • Avoid self-help eviction, such as changing locks or forcibly removing belongings, which can lead to illegal eviction charges.

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When Abandonment is NOT Enough

• If the tenant still pays rent, even if absent.

• If the absence is temporary and justified (e.g., medical emergency, work abroad).

• If there is no clear intent to permanently leave the unit.

Source: Ziggurat Real Estate

Carpets make a warm comeback

For the past decade or so it has been ripped up and tossed out but now carpet is making a comeback. People are keen to cover their cold and draughty floorboards and sink their feet back in something with a bit more comfort, warmth and depth. From cut pile to shag, block color to swirly pattern, wall-to-wall carpeting is once again smothering wooden floors.

As for renters , a great rug renaissance is in full swing.

“While wall-to-wall carpets used to be passé, they are definitely having a bit of a moment now,” says Elizabeth Metcalfe, the author of New English Interiors: At Home with Today’s Creatives. “There is a nostalgic charm, but I think they also bring coziness and warmth to a space – a hugely appealing prospect when we’re faced with rising energy bills.”

Liza Laserow Berglund, the co-founder of the Stockholm-based rug company Nordic Knots, which has gained an almost cult-like following for its simple but striking designs, describes a rug in a room as “the fourth wall”.

“It frames a room,” she says. “People think about curtains but the floor really needs texture and warmth as well.”

One of Donald Trump’s first memos to staff was an instruction to change the Oval Office’s floor covering. As the Bidens were still packing up, the Democratic blue rug was being swapped out for a pale beige circular version, originally designed by Nancy Reagan for her husband’s time in office. Trump previously had installed it during his first term. According to White House aides, this time around pieces of the Resolute Desk had to be disassembled so the rug could be placed underneath it.

Lorna Haigh, the creative director for Alternative Flooring, a UK-based company that sells everything from sisal to chunky wool carpets, says this year carpet is going to “take preference over hard flooring”. Ruggable, which makes machine washable rugs in tufted and shaggy styles, reports a 67% surge in website traffic. Its most popular size is a generous 185cm by 275cm.

Even luxury fashion designers are championing the trend. At the recent menswear shows in Milan and Paris, the typical stripped-back catwalks were covered in plush overlay. At Prada, a giant scaffolding set jarred sharply with a tactile blue art deco-inspired carpet. It was sourced from Catherine Martin, a homeware brand owner and costume designer who has collaborated with her husband, Baz Luhrmann, on several films including Elvis (a carpet devotee who covered Graceland in a thick pile).

Prada’s co-creative director, Raf Simons, described the carpet as “alive” and “a reaction to what a set usually is”. Meanwhile, at Brioni models plodded along a burnt orange shag-pile rug while at Amiri, a brand best known for its streetwear-inspired pieces, there was an 80s-esque plush fawn-colored version.

After years of greige interiors where every listing on Rightmove has begun to blur into one, a maximalist backlash has begun. Social media is peppered with posts of floors in bold prints and saturated colours. At Ruggable it is colour-blocking designs, nature-inspired motifs and “AI-generated visuals” that “blur the lines between reality and fantasy” that are most popular. Metcalfe mentions rug combing, where rugs are overlapped or laid side by side to create a layered look as an emerging style.

Elsewhere, the designer Henry Holland has swapped out his beige stairs for a custom-made swirly brown and white patterned runner inspired by 90s rave culture. The Standard Hotel in London embraces the electric blue carpet while in Claridge’s newly revamped suites, the designer Bryan O’Sullivan has used floral art deco rugs. On Instagram, Alexa Chung described feeling “sick about how much I like this carpet” alongside a photo of a floral Heartsease patterned carpet at Castle Howard in North Yorkshire.

Martin credits the periodic nature of fashion as fueling the trend. “Everything in life is cyclical … naturally, the fashion or the desire for a different decorating style is swinging back towards carpet.”

Berglund, who has a rich honeyed color “Leo” rug in her bedroom with a matching headboard and curtains, describes it as very soothing. “Your home is your most intimate space. It’s your safe haven. With how the world is today it’s even more important to create something that you love coming home to.”

Source: The Guardian

Sufficient proof to establish a parcel of land as alienable and disposable

In the Philippines, to establish that a parcel of land is alienable and disposable (A&D)—meaning it is no longer part of the public domain and can be owned privately—you need to provide sufficient proof.

Republic Act (RA) 11573 entitled "An Act Improving the Confirmation Process for Imperfect Land Titles, amending for the purpose of Commonwealth Act 141," as amended, otherwise known as "The Public Land Act," and Presidential Decree 1529, as amended, otherwise known as the "Property Registration Decree," was approved on July 16, 2021 and took effect on Sept. 1, 2021. This ensures the continued titling of the agricultural lands and simplifies the procedures and requirements for the judicial confirmation of imperfect titles.

As background, before the enactment of RA 11573, the prevailing jurisprudence was Republic vs. T.A.N. Properties Inc. (GR 154953, June 26, 2008, penned by Associate Justice Antonio Carpio), which established the following requirements to prove that the land sought to be registered is alienable and disposable:

"It is not enough for the Provincial Environment and Natural Resources Office (Penro), or Community Environment and Natural Resources Office (Cenro) to certify that a land is alienable and disposable. The applicant for land registration must prove that the DENR Secretary had approved the land classification and released the land of the public domain as alienable and disposable, and that the land subject of the application for registration falls within the approved area per verification through survey by the Penro or Cenro. "In addition, the applicant for land registration must present a copy of the original classification approved by the DENR Secretary and certified as a true copy by the legal custodian of the official records. These facts must be established to prove that the land is alienable and disposable."

However, in the case of Republic vs. Pasig Rizal Co. Inc. (GR 213207, Feb. 15, 2022, penned by Associate Justice Alfredo Benjamin Caguioa), it was stated that the requirements to prove the alienable and disposable character of land in Republic vs. T.A.N. Properties Inc. have been superseded by the enactment of RA 11573.

Section 7 of the RA 11573 declares that a certification by a duly designated geodetic engineer of the Department of Environment and Natural Resources (DENR) that the land is part of alienable and disposable agricultural lands of the public domain sufficiently proves that it is alienable, to wit:

"SECTION 7. Proof that the Land is Alienable and Disposable. — For purposes of judicial confirmation of imperfect titles filed under Presidential Decree 1529, a duly signed certification by a duly designated DENR geodetic engineer that the land is part of alienable and disposable agricultural lands of the public domain is sufficient proof that the land is alienable. Said certification shall be imprinted in the approved survey plan submitted by the applicant in the land registration court. The imprinted certification in the plan shall contain a sworn statement by the geodetic engineer that the land is within the alienable and disposable lands of the public domain and shall state the applicable Forestry Administrative Order, DENR Administrative Order, Executive Order, Proclamations and the Land Classification Project Map Number covering the subject land.

"Should there be no available copy of the Forestry Administrative Order, Executive Order or Proclamation, it is sufficient that the Land Classification (LC) Map Number, Project Number and date of release indicated in the land classification map be stated in the sworn statement declaring that said land classification map is existing in the inventory of LC Map records of the National Mapping and Resource Information Authority (Namria) and is being used by the DENR as land classification map."

At present, the presentation of the approved survey plan bearing a certification signed by a duly designated DENR geodetic engineer stating that the land is part of alienable and disposable agricultural land of the public domain shall be sufficient proof that the land is alienable, provided that the certification bears references to:

(i) the relevant issuance (e.g., Forestry Administrative Order, DENR Administrative Order, Executive Order or Proclamation); and

(ii) it contains a sworn statement by the said geodetic engineer that the land is within the alienable and disposable lands of public domain.

In the absence of a copy of the said relevant issuances, the sworn statement of the DENR geodetic engineer must state: (i) the LC Map number; (ii) the Project Number; and (iii) the date of release indicated in the LC Map; and (iv) declaration that the LC Map is existing in the inventory of the LC Map records of the Namria and is being used by DENR as land classification map. The said geodetic engineer must also be presented as witness for proper authentication of the certification so presented.

Source: Manila Times