Republic of the Philippines

Municipal Trial Court

Branch 2
Makati City

Landlord Lando , plaintiff

Civil Case No. 1
Represented by
for:Unlawful
Detainer
Maria Lando
Accompanied by his Attorney in fact,
Atty. ABC
-versusTenTen Falso
x-----------------------------------------x
COMPLAINT
COMES NOW, the plaintiff together with the undersigned counsel to
this most honorable court, MOST RESPECTFULLY STATES THAT;
1.
The Plaintiff is of legal age, married and a resident of Quezon
City. The Defendant is likewise of legal age, married and temporary
residing USA.
2.
The Plaintiff is the owner of the residential house unit located at
Las Pias City.
3. The Plaintiff is represented by his cousin Maria Lando, who is of
legal age, married and residing in Marikina City.
4.
The Defendant is the lessee of the house unit that is owned by
the Plaintiff as evidenced by the written contract of lease that both

parties signed. A copy of the Contract of Lease is hereto attached and

forms part of hereof as Annex A;
5.
The Plaintiff and the Defendant came up with a written
agreement of Lease on February 14, 2014, providing a statement of
monthly rental of P25,000.00 plus 10% interest rate, which they both
agreed upon and was duly signed by the two parties as shown in their
contract of lease.
6. Subsequently, Landlord Lando migrated to the United states of
America but granted in favor of his sister Maria Lando, a special
power of attorney dated December 8, 2014 to manage the property
and file and defend suits over the property rented out to tenant
Tenten Falso.
7.
That the defendant failed to pay the rentals due for five month,
that is from December 2015 to april 2016.
8.

That Maria Lando sent defendant

9.
That Maria Lando sent the defendant a demand letter dated
May 16, 2016 for him to pay and vacate the house. A copy of the
demand letter is hereto attached and forms part hereof as AnnexB;
10.
That the defendant received the demand letter on May 23
2016 but still failed to pay the rentals.
11. The defendant willfully and maliciously violated the agreement
which they mutually agreed upon, and which the defendant signed.

PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of
this Honorable Court that judgement be rendered in favor of the
plaintiff and that after judgement;
a.

The defendant shall vacate the house unit owned by the

plaintiff.
b.
The defendant shall pay the rentals for the 5 months due for
a P 125 000 plus the interest which is P12, 500
c.
The defendant shall be ordered to pay P 10, 000 for the
Attorneys Fees.
Such other reliefs and remedies under the premises are
likewise prayed for.
Makati City, Philippines, this 28th day of September 2017.

Atty. ABC
Counsel for the Plaintiff
PTR No. 1233495:1-04-07:B.C.
IBP No, 123095:1-04-07:B.C.
Roll No. 12381:5-10-97: Manila
Rm. 4 2/F MD Office
123 Makati City

VERIFICATION AND CERTIFICATION

I, Maria Lando, of Legal age, married, Filipino Citizen and a resident
Marikina City;
1.

I am the Complainant in this proceeding.

2.
I have read and understood the filed complaint and allegations
therein.
Maria Lando
Complainant
In witness thereof, I, ABC, counsel of the plaintiff, have herunto set
my hand this 30th of September at Makati.

Atty. ABC
Counsel for the Plaintiff
PTR No. 1233495:1-04-07:B.C.
IBP No, 123095:1-04-07:B.C.
Roll No. 12381:5-10-97: Manila
Rm. 4 2/F MD Marikina Law Office
123 Marikina City

CERTIFICATION/VERIFICATION
(Non-forum Shopping)

I, Maria Lando, after having been duly sworn to in

accordance with law, do hereby depose and say: that I am
the Plaintiff in the above-entitled case; that I caused the
preparation of the foregoing Complaint; and that all the
allegations therein contained are true and correct to my own
personal knowledge and/or based of authentic records.

I further certify that:

a./ I have not heretofore commenced any other action
or proceeding involving the same issues in the Supreme
Court, the Court of Appeals or any other tribunal or agency;
b./ To the best of my own knowledge, no such other
action or proceeding is pending in the Supreme Court and
the Court of Appeals or any other tribunal or agency;
c./ If I should hereafter learn that a similar action or
proceeding have been filed or is pending before the
aforementioned bodies, I undertake to report such fact within
five (5) days therefrom to this Honorable Court.
IN WITNESS WHEREOF, I have hereunto set my hand
this _______ day of July, 2014, in Cebu City, Philippines

Maria Lando
(Affiant)

Valid until June 6, 2016

SUBSCRIBED AND SWORN to before me this _______
day of July, 2014, in Cebu City, Philippines, affiant exhibited
to me her valid identification shown above.

ATty. ABC
Notary Public for
Makati
Until
Dec. 31, 2016
Notarial Commission
Serial No. 05-09
Escario
St, Cebu City
IBP OR No. 950196
1/10/14 CY 2016
Marikina
PTR
No. 465678 3/3/16
Roll
No. 98765 April 2012
TIN No.
130-655-432
MCLE
Comp. No. IV-001234

ANNEX A
LEASE CONTRACT
KNOW ALL MEN BY THESE PRESENTS:
This CONTRACT OF LEASE is made and executed at the City of Makati
this day of February 14, 2014, by and between:
Landlord Lando, of legal age, single/married to (Name of spouse if
any), Filipino, and with residence and postal address at (Address),
hereinafter referred to as the LESSOR.
-ANDTenten Falso Filipino and with residence and postal address at
(Address), hereinafter referred to as the LESSEE.
WITNESSETH; That
WHEREAS, the LESSOR is the owner of THE LEASED PREMISES, a
residential property situated at (Address of property to be leased);
WHEREAS, the LESSOR agrees to lease-out the property to the LESSEE
and the LESSEE is willing to lease the same;
NOW THEREFORE, for and in consideration of the foregoing premises,
the LESSOR leases unto the LESSEE and the LESSEE hereby accepts
from the LESSOR the LEASED premises, subject to the following:
TERMS AND CONDITIONS

1. PURPOSES: That premises hereby leased shall be used exclusively

by the LESSEE for residential purposes only and shall not be diverted to
other uses. It is hereby expressly agreed that if at any time the
premises are used for other purposes, the LESSOR shall have the right
to rescind this contract without prejudice to its other rights under the
law.
2. TERM: This term of lease is for ONE (1) YEAR. from (Date) to (Date)
inclusive. Upon its expiration, this lease may be renewed under such
terms and conditions as my be mutually agreed upon by both parties,
written notice of intention to renew the lease shall be served to the
LESSOR not later than seven (7) days prior to the expiry date of the
period herein agreed upon.
3. RENTAL RATE: The monthly rental rate for the leased premises shall
be in PESOS: AMOUNT IN WORDS (P 25,000.00), Philippine Currency. All
rental payments shall be payable to the LESSOR.
4. DEPOSIT: That the LESSEE shall deposit to the LESSOR upon signing
of this contract and prior to move-in an amount equivalent to the rent
for THREE (3) MONTHS or the sum of PESOS: AMOUNT IN WORDS (P
50,000.00), Philippine Currency. wherein the two (2) months deposit
shall be applied as rent for the 11th and 12th months and the
remaining one (1) month deposit shall answer partially for damages
and any other obligations, for utilities such as Water, Electricity, CATV,
Telephone, Association Dues or resulting from violation(s) of any of the
provision of this contract.
5. DEFAULT PAYMENT: In case of default by the LESSEE in the payment
of the rent, such as when the checks are dishonored, the LESSOR at its
option may terminate this contract and eject the LESSEE. The LESSOR
has the right to padlock the premises when the LESSEE is in default of
payment for One (1) month and may forfeit whatever rental deposit or
advances have been given by the LESSEE.
6. SUB-LEASE: The LESSEE shall not directly or indirectly sublet, allow
or permit the leased premises to be occupied in whole or in part by any
person, form or corporation, neither shall the LESSEE assign its rights
hereunder to any other person or entity and no right of interest thereto
or therein shall be conferred on or vested in anyone by the LESSEE
without the LESSOR'S written approval.
7. PUBLIC UTILITIES: The LESSEE shall pay for its telephone, electric,
cable TV, water, Internet, association dues and other public services
and utilities during the duration of the lease.

8. FORCE MAJEURE: If whole or any part of the leased premises shall

be destroyed or damaged by fire, flood, lightning, typhoon,
earthquake, storm, riot or any other unforeseen disabling cause of acts
of God, as to render the leased premises during the term substantially
unfit for use and occupation of the LESSEE, then this lease contract
may be terminated without compensation by the LESSOR or by the
LESSEE by notice in writing to the other.
9. LESSOR'S RIGHT OF ENTRY: The LESSOR or its authorized agent
shall after giving due notice to the LESSEE shall have the right to enter
the premises in the presence of the LESSEE or its representative at any
reasonable hour to examine the same or make repairs therein or for
the operation and maintenance of the building or to exhibit the leased
premises to prospective LESSEE, or for any other lawful purposes which
it may deem necessary.
10. EXPIRATION OF LEASE: At the expiration of the term of this lease
or cancellation thereof, as herein provided, the LESSEE will promptly
deliver to the LESSOR the leased premises with all corresponding keys
and in as good and tenable condition as the same is now, ordinary
wear and tear expected devoid of all occupants, movable furniture,
articles and effects of any kind. Non-compliance with the terms of this
clause by the LESSEE will give the LESSOR the right, at the latter's
option, to refuse to accept the delivery of the premises and compel the
LESSEE to pay rent therefrom at the same rate plus Twenty Five (25) %
thereof as penalty until the LESSEE shall have complied with the terms
hereof. The same penalty shall be imposed in case the LESSEE fails to
leave the premises after the expiration of this Contract of Lease or
termination for any reason whatsoever.
11. JUDICIAL RELIEF: Should any one of the parties herein be
compelled to seek judicial relief against the other, the losing party shall
pay an amount of One Hundred (100) % of the amount clamed in the
complaint as attorney's fees which shall in no case be less than
P50,000.00 pesos in addition to other cost and damages which the said
party may be entitled to under the law.
12. This CONTRACT OF LEASE shall be valid and binding between the
parties, their successors-in-interest and assigns.
IN WITNESS WHEREOF, parties herein affixed their signatures on the
date and place above written.

Landlord Lando
LESSOR

Tenten Falso
LESSEE

Signed in the presence of:

_____________________________

______________________________

ACKNOWLEDGEMENT
Republic of the Philippines)
_________________________) S.S
BEFORE ME, personally appeared:
Name
Landlord Lando
Makati
Tenten Falso
Makati

CTC Number
10000000
10000000

Date/Place Issued
February 24, 2014 /
January 07, 2014 /

Known to me and to me known to be the same persons who executed

the foregoing instrument and acknowledged to me that the same is
their free and voluntary act and deed.
This instrument consisting of ____ page/s, including the page on which
this acknowledgement is written, has been signed on each and every
page thereof by the concerned parties and their witnesses, and and
sealed with my notarial seal.
WITNESS MY HAND AND SEAL, on the date and place first above
written.
Notary Public
Doc. No.______;
Page No. ______;
Book No.______;
Series of 20___.

ANNEX B

May 16 2016
Tenten Falso
111 Bonifacio Street, Canumay East,
Valenzuela City
Madam:
We write in behalf of our client, Landlord Lando., the matter of your
non-payment of your obligation.
Records disclose that you have an outstanding obligation with our
client which arethe rentals for the 5 months due for a P 125 000 plus
the interest which is P12, 500. Despite repeated demands, you failed
and continuously fail to pay the aforesaid amount.
Accordingly, FINAL DEMAND is hereby made upon you to settle the
amount of Php100,000.00 within FIFTEEN (15) days from receipt of
this letter. Otherwise, we will be constrained to file the necessary
legal action against you to protect the interest of our client.

We trust that you will give this matter your prompt and preferential
attention to avoid the expense and inconvenience of litigation.
Truly yours,
ATTY. ABCD
Counsel for Landlord Lando