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DEMAND TO VACATE

Date __________

Name of respondent Address Dear Mr./Mrs/Ms _________ It has been 30 days since you received my letter dated ______ and still, you have failed to pay and still refuses to pay your arrears which have now amounted to NINETY ONE THOUSAND PESOS (P 91, 000.00) . Please be reminded that I have sent you several letters of demand for you to pay your back rentals and to vacate the premises but the same letters have been left unanswered. Consider this then, as my last and final demand for you to pay your account within five (5) days from receipt and to VACATE THE premises within ten (10) days from receipt of this notice. Otherwise, I shall be constrained to commence suit to protect my interests.

Very truly yours, _______________

xxxx. THE UNLAWFUL DETAINER (SUMMARY PROCEDURE) 1. The defendant is a LESSEE of two (2) lots owned by the plaintiff (lessor), located within Las Pinas City, and described as follows: a) TCT No. 111059 with an area of 282 sq. m. and located at Lot 30, Block 8, Manuel Homes, Marcos Alvarez Ave., Talon 5, Las Pinas City; and b) TCT No. 111060 covering the adjoining lot (Lot 29) also with an area of 282 sq. m. and located at Lot 29, Block 8, Manuel Homes, Marcos Alvarez Ave., Talon 5, Las Pinas City. 2. On October 3, 1990 the plaintiff (as lessor) and the defendant (as lessee) entered into a CONTRACT OF LEASE WITH OPTION TO PURCHASE. Attached hereto as ANNEX A hereof is a copy of the said contract. 3. The plaintiff hereby adopts into this complaint the stipulations, covenants, terms and conditions of the said contract to form part of this complaint by incorporation and reference. More particularly, and for purposes of summarizing its salient provisions, the said contract contained the following major stipulations, covenants, terms and conditions, to wit: a) The subject lots of the said contract are the lots covered by the aforementioned two (2) land titles registered in the name of the plaintiff. (See the whereas/premise clause of the contract); b) The term of the lease was ten (10) years, commencing on July 1, 1990 and to end on July 1, 2000, renewable for

another period at the pleasure of the both parties. (See Par. 1, Annex A, Contract); c) The monthly rental was Six Thousand Pesos (P6, 000.00) for the first five (5) years from July 1, 1990 to July 1, 1995. (Par. 2, Id., ; d) The monthly rental shall be increased to Eight Thousand Pesos (P8, 000.00) from the sixth (6th) year to the tenth (10th) year from July 1, 1995 to July 1, 2000. (Id.); e) The rentals shall be paid without need of express demand. (Par. 3, Id.); f) The plaintiff waived the usual three (3) months cash deposit. (Par. 4, Id.); g) The agreed advance rentals were Fifty Eight Thousand Pesos (P58, 000.00) representing rentals for ten (10) months from July 1, 1990 to April 1, 1991. (Id.). h) Failure of the defendant to pay at least three (3) months rentals would mean an automatic termination, rescission and cancellation of the contract, in which case the defendant should forthwith vacate the leased properties and the plaintiff may take physical possession thereof, without need of demand. (Par. 5, Id.); i) The plaintiff allowed the defendant to use, free of charge, some 300 sq. m. of the adjacent lot (covered by TCT No. T-6893 and denominated as Lot 15) as the basketball court, school playground and garden of the school of the defendant (School of the Holy Spirit) for school year 1990-1995. (Par. 6, Id.); j) The defendant shall comply with all applicable national and local laws and rules and regulations in building improvements or in operating her business on the leased lots. (Par. 7, Id.);

k) Local real taxes on the leased lots were for the account of the plaintiff, while local real estate taxes on the improvements on the leased lots were for the accounts of the defendant. (Par. 8, Id.); l) The defendant was given the right to purchase, within the first five (5) years from the execution of the contract, the five (5) lots covered by the following TCTs: No. 111060 (leased lot), 111059 (leased lot), 111058, T-6893, and T6894. The total area of all such lots was 2,260 sq. m.. In case the defendant would opt to purchase the said five (5) lots, the price per square meter shall be negotiated and shall be mutually agreeable to both parties. (Par. 9, Id.); m) The services to be utilized by the defendant on the leased lots to operate her school and other business activities shall be for the account of the defendant. (Par. 10, Id.); n) The defendant was prohibited to sublease or transfer her rights under the contract without the written consent of the plaintiff. (Par. 11, Id.); o) All improvements to be built by the defendant on the leased lots shall be owned by the plaintiff upon the termination, cancellation or expiration of the contract, without any duty to reimburse the defendant. (Par. 12, Id.); p) The contract had cancelled, rescinded, and nullified the prior CONTRACT OF LEASE WITH OPTION TO PURCHASE between the parties, executed/notarized on April 18, 1990, in respect of the two (2) lots covered by TCT Nos. T-6893 and 6894. (Par. 13, Id.); q) The party who would breach the contract shall be liable for damages and attorneys fees. (Par. 14, Id.).

4. The defendant has reneged on her contractual duty to pay the agreed rentals stipulated in the foregoing contract. As of March 1, 2003 the rental arrears of the defendant amounted to Seven Hundred Forty Four Thousand Seven Hundred Two Pesos (P744, 702.00). Plaintiff has written the defendant a final DEMAND LETTER dated March 11, 2003, through his current counsel Atty. Manuel J. Laserna Jr. (Laserna Cueva Mercader Law Offices), demanding payment of her rental arrears and to vacate the leased lots/properties, a copy of which is attached as ANNEX B hereof, which demand letter the defendant had rejected x x x x x. 5. On March 12, 2003 the plaintiff filed a barangay complaint (Talon 5, Las Pinas City) for purposes of final conciliation/mediation, and to reiterate the aforementioned final demand letter of the plaintiff referred to in the preceding paragraphs, a copy of which barangay complaint is attached as ANNEX C hereof. 6. In view of the failure of the parties to arrive at a compromise at the barangay level, the Barangay Talon 5 issued a Certificate To File Action, on April 29, 2003, a copy of which is attached as ANNEX D hereof. 7. The contract expired on July 1, 2000 (Par. 1, Annex A, Contract of Lease, supra). To date the defendant adamantly continues to control and possess the leased lots and continues to exploit and benefit from the economic value of such lots against the will of the plaintiff, to the grave detriment of the plaintiff, despite all the repeated previous demands and protestations of the plaintiff --- in violation of all the basic norms of justice, fairness and good faith. 8. The plaintiff, as a community leader being a Councilman of Barangay Talon 5 of this City, had been very patient with the defendant for a long period of time. In May 1998 his former counsel had sent a demand letter to the defendant on account of the latters rental arrears as of

such month. (See ANNEX E hereof). In May 1999 the plaintiff himself sent another demand letter to the defendant on account of the latters rental arrears as of such month. (See ANNEX F hereof). 9. Before filing this ejectment suit with this Court, the current counsel for the plaintiff (Laserna Cueva Mercader Law Offices) had sent a final NOTICE TO LITIGATE, dated October 13, 2003, to the defendant by way of a last/final demand/notice/reminder to the defendant and to give the defendant a last/final chance to settle her obligation, restore the physical possession of the leased lots to the plaintiff, and avoid a tedious and costly suit. (See ANNEX G hereof). 10. The plaintiff was constrained to hire a counsel to defend and protect his rights and interests in the face of the contractual breach, unlawful detainer and deprivation of the physical possession of the leased lots committed by the defendant. The plaintiff has agreed to pay his counsel a discounted acceptance fee of P20,000.00, discounted appearance fee of P2,000.00 per court hearing, and a final premium fee of 25 percent of the recoverable damages in this suit. (See ANNEX H hereof). 11. This ejectment suit is covered by the RULES OF SUMMARY PROCEDURE and RULE 70. xxxx. (END OF QUOTE) 2. The aforementioned ejectment complaint filed by the respondent prayed for the following reliefs, to wit: WHEREFORE, premises considered, it is respectfully prayed that, immediately upon filing of this suit, the plaintiffs motion for the issuance of a writ of preliminary mandatory injunction, integrated in this complaint, be forthwith set for the required motion hearing and that, after such motion hearing/s, the proper writ of preliminary mandatory injunction be issued with dispatch by the Court,

upon posting by the plaintiff of the required injunction bond at such amount as the Court may fix at its discretion. FURTHERMORE, it is respectfully prayed that, after trial, JUDGMENT be rendered ordering the defendant: 1. To pay her rental arrears to the plaintiff, with legal interest, which arrears as of March 2003 are computed below, to wit: 1995 P56,702.00 1996 96,000.00 1997 96,000.00 January 1, 1998 to June 30, 1998 48,000.00 June 30, 1998 to May 30, 1999 88,000.00 June 1, 1999 to March 2003 360,000.00 Total. P744,702.00 2. To VACATE the subject lots/properties and to RESTORE the physical/material possession thereof to and in favor of the plaintiffs; and 3. To pay the plaintiff attorneys fees as follows: acceptance fee of P20,000.00, appearance fees of P2,000.00 per court hearing, and a final premium fee of 25 percent of the recoverable damages in this suit; and litigation expenses of at least P50,000.00; plus costs of suit.

FURTHERMORE, it is prayed that this suit be tried under the Rules of Summary Procedure, being an ejectment case (unlawful detainer);. FINALLY, the plaintiff prays for such and other reliefs as may be deemed just and equitable in the premises. Xxxx.

REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT CITY OF MANILA BRANCH ABC Plaintiff, _______ vs. DEF Defendant.

Civil Case No. For: Unlawful Detainer

x-------------x

COMPLAINT Plaintiff, with the undersigned counsel, respectfully states that:

1. 2. 3

PRAYER Wherefore, it is respectfully prayed that after due notice and hearing, a judgment be rendered ordering:

1. That defendant and all persons claiming right under him to vacate the aforementioned leased premises; 2. The defendant to pay the plaintiff the rentals due until the former shall have actually vacated such property; 3. The defendant to indemnify plaintiff P30, 000.00 as attorneys fees, and for costs of suit and expenses for litigation. 4. Plaintiff prays for such other reliefs as may be just and equitable under the premises.

March 26, 2012, City of Manila

Counsel for Plaintiff (complete address) Ptr no. Ibp no. Supreme Court Roll No.

JURAT SUBSSCRIBED AND SWORN to before me, in the city of Manila, this 26th day of March by __________ with Residence Certificate _________ issued at ____________ on ______________, 2012.

NOTARY PUBLIC (commission expires every two years)

Doc. No. _______; Page No._______; Book No._______; Series of 2012

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