●  The one-year prescription period is counted from the last demand to pay and vacate. 

In cases where there were more than one demand to pay and vacate, the reckoning point of one year for filing the unlawful detainer is from the last demand as the lessor may choose to waive his cause of action and let the defaulting lessee remain in the premises. Esteban vs. Sps. Marcelo, G.R. No. 197725, July 31, 2013


● The one-year period to file an unlawful detainer case is not counted from the expiration of the lease contract on 31 December 2002. Indeed, the last demand for petitioners to vacate is the reckoning period for determining the one-year period in an action for unlawful detainer. Such one year period should be counted from the date of plaintiff's last demand on defendant to vacate the real property, because only upon the lapse of that period does the possession become unlawful.

From the time that the main lease contract and sublease agreements expired (01 January 2003), respondent Sunvar no longer had any possessory right over the subject property. Absent any express contractual renewal of the sublease agreement or any separate lease contract, it illegally occupied the land or, at best, was allowed to do so by mere tolerance of the registered owners – petitioners herein. Thus, respondent Sunvar’s possession became unlawful upon service of the final notice on 03 February 2009. Hence, as an unlawful occupant of the land of petitioners, and without any contract between them, respondent is “necessarily bound by an implied promise” that it “will vacate upon demand, failing which a summary action for ejectment is the proper remedy against them.” Upon service of the final notice of demand, respondent Sunvar should have vacated the property and, consequently, petitioners had one year or until 02 February 2010 in which to resort to the summary action for unlawful detainer. In the instant case, their Complaint was filed with the MeTC on 23 July 2009, which was well within the one-year period.

The Court is aware that petitioners had earlier served a Notice to Vacate on 22 February 2008, which could have possibly tolled the one-year period for filing an unlawful detainer suit. Nevertheless, they can be deemed to have waived their right of action against respondent Sunvar and continued to tolerate its occupation of the subject property. That they sent a final Notice to Vacate almost a year later gave respondent another opportunity to comply with their implied promise as occupants by mere tolerance. Consequently, the one-year period for filing a summary action for unlawful detainer with the MeTC must be reckoned from the latest demand to vacate. Republic vs. Sunvar Realty Development Corporation, G.R. No. 194880, June 20, 2012