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RP thru Bureau of Building and Real Property Mgt. v. Cardenas

GR L-24842, May 31, 1988

Bureau of Building and Real Property Mgt (BBRPM) filed ejectment complaint on 8/1/1960 against
Alejandro Cardenas before the Municipal Court of Baguio City for non-payment of rentals for living
quarters the Cardenases occupied at a building owned by the Bureau of Telecommunications. Cardenas
was an employee of the Baguio Post Office and later Bureau of Telecom and worked therein as Chief of
the Office of Telecommunications. Since 1948 Cardenas occupied cottage No. 80, a govt. building a few
meters away from the Office of Telecommunications. He continued to live there even after retirement and
after his death his heirs occupied said cottage.

In 1959 Cardenas stopped paying rentals in view of the opinion of the 2nd Asst. City Atty. of Baguio City
advising him that he is entitled to free quarters and light under CA 240.

In the complaint for ejectment the govt. contends Cardenas occupied 4 rooms at PHP 20/mo. with arrears
of PHP 1,080. Cardenas contends he occupied only 3 rooms and from June 1958 until filing of this
complaint occupied only 2 rooms.

On March 29, 1961 Municipal Court of Baguio City absolved Cardenas form any liability.

On appeal with the CFI of Baguio City, the latter ruled in favor of Cardenas.


1. Is Cardenas entitled to free quarters and light?

2. Are the heirs of Cardenas entitled to occupy the said Cottage No. 80?


1. Yes, Sec. 7-11 (23) of CA 246 provides to "Any operator or engineman of the Bureau of Posts
(now Bureau of Telecommunications ) assigned to any radio station occupying a govt. owned building
shall be entitled to quarters and light." Clearly defendant is entitled to free quarters and light.

2. No, the right to free quarters and light is a right personal to the appellee as operator of the
Office of Telecomm. Being that he has already retired, he has lost the right to occupy said place.
Appellee, his heirs, agents and representatives are hereby ordered to vacate said property and pay
rentals as determined by the City Court of Baguio. Computation of rentals shall commence from the
retirement of appellee up to the time his heirs and successors vacate said property.

Petition dismissed.