ejectment regional trial court (1)

7/23/2019 EJECTMENT Regional Trial Court (1)

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Regional Trial Court

National Capital Judicial Region

REGIONAL TRIAL COURT

MANILA CITY, Branch 88

SPS. BILLY OCEANAIRE and BAMBAM OCEANAIRE

duly represented by COOLLECTURE as their

ATTORNEY-IN-FACT

Plaintiffs,

Civil Case No. 1001

- versus - For: Ejectment

HANSELL and FRETZELL,Defendants.

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

COMPLAINT

PLAINTIFFs, by counsel, respectfully state that:

1. Plaintiffs are Filipino, of legal age, with residence addressat Paco, Manila, and are duly represented by COOLLECTURE as

their Attorney-in-Fact evidenced inANNEX A; Defendants are

Filipino, of legal age, single and currently resident of 2210 Pedro

Gil St., Sta. Ana, Manila, where he may be served with summons

and other pertinent processes.

2. Plaintiffs owns that property located at 2210 Pedro Gil St.

Sta Ana, Manila, evidenced byANNEX B, and the value of the

property exceeds fifty thousand pesos (P50,000) as evidenced by

ANNEX C-1 C-2;which they leased to defendants, commencing on

January 1, 2009, verbally without any written terms wherein the

rental payment was received monthly, as evidenced byANNEX D;

the only terms and conditions stated in the Contract of Lease dated

1 January 1984, which contract originally expires on 31 December

1988, and not renewed after December 31, 2008, was between

Plaintiffs and Muchamacho. A copy of the contract is attached as

ANNEX E.

3. On December 31, 2011, Plaintiffs informed defendant of its

intention to terminate the lease and gave them reasonable time to

vacate the premise, originally, one year and was later extended upto

two years, December 31, 2013, by virtue of the kind consideration

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of the plaintiffs as evidenced byANNEX F, as it would use the

property for their personal use;

4. On January 1, 2014, Plaintiffs then asked defendants to

vacate the premises and refused to accept any rental payment. The

demand to vacate and refusal to accept payments continued weekly

either verbal or written. The last demand was made on December 1,

2014. Copies of plaintiffs' demand letters to defendants is attached

asANNEX G.

4. Despite demand duly made and received, defendants haverefused to vacate the premises and continues to occupy the

property without plaintiffs consent. Resort to the Barangay

conciliation system proved useless as defendant refused to appear

before the Lupong Tagapamayapa. A Certification to File Action is

attached asANNEX H.

5. Defendants' act of dispossession has caused plaintiffs to

suffer material injury because plaintiffs plans could not be

implemented despite the termination of the lease and demand to

vacate and refusal to accept rental payments. Defendants'

continued occupation of the premises has also forced plaintiffs to

sue and to incur legal expenses amounting to One Hundred Fifty

Thousand Pesos (P150,000.00).

WHEREFORE, plaintiffs respectfully prays for judgment in its

favor by ordering defendants to vacate the property and peacefully

turn over possession to plaintiffs and for defendant to pay plaintiffsthe amount of 250,000 representing rentals for twelve (12) months

and One Hundred Fifty Thousand Pesos (P150,000.00) for

Attorneys fees.

Other just and equitable reliefs are also prayed for.

Manila City; 20 DECEMBER 2015.

(Sgd.) MILLER ENG-AN SY CHUA

Counsel for Plaintiffs

1363 Pedro Gil. St. Paco

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Manila, Metro Manila

Roll No. 20170001

IBP OR No. 20170002, Jan. 1, 2015, Manila

PTR OR No. 20170003, Jan. 1, 2015, Manila

VERIFICATION AND

CERTIFICATION AGAINST FORUM SHOPPING

Republic of the Philippines )

City of Manila ) s.s.

BILLY OCEANAIRE, BAMBAM OCEANAIRE, and COOLLECTURE, after

having been duly sworn in accordance with law, deposes and states that:

1. They are the plaintiff in the complaint entitled ejectment and the case

number 1001;

2. They have caused its preparation;

3. They have read it and the allegations therein are true and correct of

their personal knowledge or based on authentic records.

4. They certify that they have not commenced any action or filed any

claim involving the same issues before any other court, tribunal or quasi-

judicial agency;

5. To the best of their personal knowledge, there is no such pending

action or claim;

6. If they should learn that a similar action or claim has been filed or is

pending they shall report such fact within five (5) days from the discovery

to this Honorable Court.

(Sgd.) BILLY OCEANAIRE (Sgd.) BAMBAM OCEANAIRE

(Sgd.) COOLLECTURE (AS ATTY-IN-FACT)

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SUBSCRIBED AND SWORN TO before me in the City of _______________

on this day of _________________, affiant exhibiting before me his

community tax certificate no. _______________ issued on

__________________ at _____________________.

(Sgd.) N. O. TARIO

Notary Public

Until __________________

PTR No. _______________

Issued at ______________

On ___________________Doc. No.

Page No.

Book No.

Series of 2015.

Copy furnished through registered mail:

HANSELL AND FRETZELL

Defendants

2210 Pedro Gil St. Sta Ana, Manila

Registry Receipt No. ________Post Office ________________

Date _____________________

EXPLANATION

The foregoing COMPLAINT FOR EJECTMENT and its attachment were

served on HANSELL and FRETZELL by registered mail instead of

personal service as counsel for PLAINTIFFs only has one messenger and

personal service would have resulted in the complaint not being filed ontime to the detriment of the plaintiffs

(Sgd.) ATTY. MILLER ENG-AN S. CHUA

AFFIDAVITRepublic of the Philippines )

City of Manila ) s.s.

I, TAGA-PADALA, a messenger of Atty. Miller Eng-an S. Chua, with office

address at 1363 Pedro Gil St. Paco, Manila, after being duly sworn,

deposes and states:

That on December 1, 2015, I served a copy of the following Complaint

and its attachments by registered mail in accordance with Section 10,

Rule 13 of the Rules of Court:

Nature of Pleading/Paper

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COMPLAINT FOR EJECTMENT WITH ANNEXES

in Case No. 1001 entitled EJECTMENT by depositing a copy in the post

office in a sealed envelope, plainly addressed to Hansell and Fretzell at

2210 Pedro Gil St Sta Ana Manila with postage fully paid, as evidenced

by Registry Receipt No. _____________________ attached and with

instructions to the post master to return the mail to sender after ten (10)

days if undelivered.

TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on

December 1, 2015, in the City of Manila, Philippines.

(Sgd.) TAGA-PADALA

Affiant

SUBSCRIBED AND SWORN TO before me in the City of________ on this day of______, affiant exhibiting before me his community tax certificate no. __________

issued on __________ at _________.

(Sgd.) N. O. TARIO

Notary Public

Until __________________

PTR No. _______________

Issued at ______________

Doc. No. On ___________________

Page No.

Book No.Series of 2015.

ANNEX A

THE SPECIAL POWER OF ATTORNEY

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

We, __BILLY OCEANAIRE,married toBAMBAM OCEANAIRE; all of legal

age, Filipinos, and residents ofPaco Manila, do hereby NAME, CONSTITUTE and

APPOINT _COOLLECTURE__, single, of legal age, Filipino and a resident of the

Money St., Manila to be our true and lawfulATTORNEY-IN-FACT, for us and in our

name, place stead to do and perform the following acts and deeds, to wit:

1.To administer, take charge and manage our property located at at

2210 Pedro Gil St., Barangay/District STA. ANA ,

Municipality/City of MANILA ,specifically described asTransfer of

Certificate of Title No.. 2015 ;

2.To transact, sign for and execute any and all documents with regard

to the leasing agreement with any person or entity concerning and to

claim, sign for and receive rental payments thereto;

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3.To bring to suit and defend, in our name and stead, in connection

with actions brought for or against me, of whatever nature and kind,

involving said property;

4.To do and perform all other things and acts necessary in order to

render this power effective and executory.

HEREBY GIVING AND GRANTING, unto my/our said ATTORNEY-IN-FACT

full power and authority to do and perform any and every lawful acts, requisite,

necessary and proper to be done in and about the premises as fully to all intents

and purposes as I/we might or could do if personally present and acting in person,

and HEREBY RATIFYING AND CONFIRMING all that my/our said ATTORNEY-IN-

FACT may also do or cause to be done under and by virtue of these presents.

IN WITNESS WHEREOF, we have hereunto set my/our hands this

_______________________ in _____________________________.

________________ __________________

BILLY OCEANAIRE BAMBAM OCEANAIRE

PRINCIPAL PRINCIPAL

________________

COOLLECTURE

ATTORNEY-IN-FACT

SIGNED IN THE PRESENCE OF:

__________________________ ________________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )

CITY OF MANILA ) S.S.

BEFORE ME this day personally appeared

Name Identification # Date / Place of Issue

__ BILLY OCEANAIRE __SSS ID # 0001

_ _MANILA________

Principal

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__BAMBAM OCEANAIRE __SSS ID # 0002

____ _MANILA________

Principal

__ COOLLECTURE __ SSS ID # 0003

_____ _MANILA________

ATTY-IN-FACT

To me known and known to me to be the same persons who signed and executed the

foregoing SPECIAL POWER OF ATTORNEY and acknowledged to me that the same is

executed as his/her free and voluntary act and deed which he/she represents for the

uses and purposes herein set forth.

This instrument consisting of_two_(_2_)pages including this page where this

acknowledgement is written and signed by the above named parties and their witnesses

on every page thereof.

IN WITNESS WHEREOF, I have hereunto affixed my signature and notarial in the

______________________________, Philippines, this ____________________________.

(Sgd.) N. O. TARIO

Notary Public

Until __________________

PTR No. _______________Issued at ______________

On ___________________

Doc. No.

Page No.

Book No.

Series of 2015.

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ANNEX D

RECEIPT OF RENTAL PAYMENT

January 1, 2009

Received from Hansell and Fretzell, the amount of thirty-five thousand

pesos (P35,000), as rental payment, for the month of JANUARY 2009, ofthe property located in 2210 Pedro Gil St., Sta. Ana, Manila, under TCT

No. 2015, belonging to Sps. Billy and Bambam Oceanaire.

(Sgd.) COOLLECTURE


May 1, 2010

Received from Hansell and Fretzell, the amount of thirty-five thousandpesos (P35,000), as rental payment, for the month of May 2010, of the

property located in 2210 Pedro Gil St., Sta. Ana, Manila, under TCT No.

2015, belonging to Sps. Billy and Bambam Oceanaire.

(Sgd.) COOLLECTURE

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January 1, 2011

Received from Hansell and Fretzell, the amount of thirty-five thousandpesos (P35,000), as rental payment, for the month of JANUARY 2011, of

the property located in 2210 Pedro Gil St., Sta. Ana, Manila, under TCT

No. 2015, belonging to Sps. Billy and Bambam Oceanaire.

(Sgd.) COOLLECTURE


December 1, 2013

Received from Hansell and Fretzell, the amount of thirty-five thousand

pesos (P35,000), as the last and final rental payment, for the month of

December 2013, of the property located in 2210 Pedro Gil St., Sta. Ana,

Manila, under TCT No. 2015, belonging to Sps. Billy and Bambam

Oceanaire.

(Sgd.) COOLLECTURE

ANNEX ECONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENT:

This Agreement made and entered into by and between:

BILLY OCEANAIRE,married toBAMBAM OCEANAIRE, both of legal age, both

Filipino and with residence and postal address atPaco, Manila,duly represented by

COOLLECTUREasAttorney-in-Factof BILLY OCEANEAIRE, married to BAM OCEANAIRE,by virtue of the Special Power of Attorney granted to him/her (a copy of which is reproduced

inAnnex A), and hereinafter referred to asLESSOR/S

- a n d -

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MUCHOMACHO, single, of legal age, Filipino, with office address at Gym St.,

Manilahereinafter referred to as theLESSEE;

WITNESSETH:

WHEREAS, theLESSORis the absolute owner and has the legal authority over a

property registered under CITY OF MANILA, located at 2210 Pedro Gil St.,

Barangay/District Sta. Ana , Municipality/City of Manila, and more particularly

described and covered byTransfer Certificate of Title No. 2015,of the Registry of Deeds

for the CITY OF MANILA, with a total land area Four Hundred Ninety Six and 60/100 square

meters (496.60sq. m.) more or less, more particularly described inAnnex B,hereinafter

referred to asREAL PROPERTY.

WHEREAS,theLESSEEdesires to leaseREAL PROPERTYfor the purpose of

residential use.

WHEREAS, theLESSORis willing to lease unto theLESSEEand theLESSEEis

willing to lease from theLESSORtheREAL PROPERTYunder such terms and conditions

herein below set forth by the parties.

NOW, THEREFORE, for and in consideration of the foregoingREAL PROPERTYand

their mutual covenants and promises, theLESSORhereby leases unto theLESSEEthe

subjectREAL PROPERTYand theLESSEEhereby agrees to accept to lease the same,

subject to the following terms and conditions:

1.LEASE TERM- The Lease Term shall be for a period of5 yearswhich will take

effect on01 January 1984and will end on31 Dec 1988.

The lease term shall be renewable thereafter upon such terms and conditions as

may be mutually agreed upon by both parties ninety(90) daysbefore the

expiration of this Lease Agreement. In case no mutual agreement shall be

reached upon by both parties, This Lease Agreement shall automatically

considered terminated.

2.LEASE RENTAL The agreed monthly rental payment shall beTWENTY

THOUSAND PESOS (Php 20,000.00),Philippine Currency, VAT EXCLUSIVE

for thefirst two (2) yearswith an escalation rate ofTWO percent (2%)

commencing on thethird (3rd) yearstarting on January 1, 1986.

TheLESSEEwill issue to theLESSORtwelve (12) post-dated cheques, dated

on the beginning of each month, on the month before the start of each yearly

term to cover for the rental of the annual period at the OFFICE of theLESSOR

without the necessary demand. Postdated and uncleared checks shall not be

considered as payment until after honored by the bank. Any bounced check or

unpaid rental shall bear a monthly interest of two (2%) percent per month

compounded monthly until fully paid, and shall not precludeLESSORfrom

terminating the contract and ejecting theLESSEEas herein set forth.

3.SECURITY DEPOSIT Upon signing of this Lease Agreement, theLESSEE

hereby agrees to remit a security deposit for the sum Pesos: One hundred

thousand pesos (Php 100,000.00)as guarantee for the faithful compliance of

theLESSEEto this agreement.

Said deposit shall be returned to the LESSEESixty (60) daysafter the

expiration of the term or from the time theREAL PROPERTYis completely

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vacated. Said deposit shall not bear interest during the entire life of Lease

Agreement.

Said deposit shall not be applied as payment of monthly rental and the same

is subject to forfeiture in favor of theLESSORin cases of pre-termination or

cancellation of this Lease Agreement arising from non-compliance or violation of

any of the covenants, conditions, stipulations, provisions agreements, or

restrictions under this contract.

4.USE OF THE REAL PROPERTY TheREAL PROPERTYshall be used by the

LESSEEfor residential purposes only.

Should any part of theREAL PROPERTYbe expropriated so that, in the

opinion of theLESSEE, the remaining part becomes unsuitable for the purpose

for carrying on the business being then conducted thereof, then this Lease

Agreement may at the option ofLESSEEbe terminated by theLESSEEas if the

period of the lease had expired and neither party shall have any claimwhatsoever against the other by reason of such termination, except however as

may be provided in Section (3).Should theLESSEE, however, decide to

continue with the lease despite expropriation of part ofREAL PROPERTY,

there shall be a proportionate reduction in the rental, which shall take effect

from the date of actual deprivation of possession or impairment of the

LESSEEsuse ofREAL PROPERTY.

5.SUBLEASE TheLESSEEshall be authorized to sublease any part of theREAL

PROPERTYprovided that the duration shall be limited to and shall not exceed

the lease period of this Lease Agreement and the same shall not release the

originalLESSEEfrom its obligation under this Lease Agreement. TheLESSEE

agrees and obliged to be responsible to theLESSORthat its sublesee will follow

and comply with all the terms and conditions of this contract. TheLESSEEshall

be liable to theLESSORfor any violation of this contract by its sublessee.

6.RENOVATIONS, IMPROVEMENTS AND ADDITIONS TheLESSEEshall have

the right to construct or erect such buildings, structures and other

improvements, and install such machinery, facilities and equipment on theREAL

PROPERTYas it may consider necessary or convenient for residential purposes

whichLESSEEmay lawfully engage thereon. All such building, improvements,

machinery, facilities and equipment shall remain the property of theLESSEE.

At theLESSEEs sole option, the building and any improvements, or any partthereof, may be demolished, and any machinery and equipment, or any part

thereof, may be removed from REAL PROPERTYat any timeduring the lease

period.

For the purpose of removing the properties mentioned in the preceding

paragraph upon the termination of this Lease Agreement, that in caseLESSEE

fails to remove the same within the termination of this lease, all the

structures/fixture/equipment remaining on the subjects parcels of land shall

become the property of the LESSOR. However, the LESSORreserves its

right/option to requireLESSEEto remove any structure/fixture/equipment from

the leasedREAL PROPERTYany time after the expiration of the stipulatedperiod.

7.TAXES TheLESSORshall be responsible for the real estate property taxes of

theREAL PROPERTY, while theLESSEEshall be responsible for the property

taxes on those due on any building, improvements, machineries, facilities and

equipment introduced on theREAL PROPERTY.

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Should theLESSORfail to pay the real estate taxes and assessments due on the

REAL PROPERTY,LESSEEmay, at its option, pay the same, as well as any

penalty or surcharge that may be due, and deduct the amount thereof from the

rentals due to theLESSOR.

For the purpose of the expanded withholding tax, it shall be for account of the

LESSEEfor remittance to the appropriate regulatory agency. TheLESSEEshall

provide a copy of the withholding tax forms and payment forms, et al. to the

LESSOR as proof of the payment.

TheValue Added Tax (VAT)shall be for the account of theLESSEE, provided

theLESSORsubmits a Certificate of VAT Registration and issues BIR registered

VAT official receipts. However, VAT assessments prior to the year of submission

of VAT Registration and VAT official receipts, shall not be borne byLESSEE.

8.WARRANTY TheLESSORwarrants theLESSEEspeaceful and continuous

use of theREAL PROPERTYduring the entire life of this Lease Agreement.Onthe other hand, theLESSEEwarrants to comply faithfully with the provisions

and stipulations hereof, and to perform religiously its duties and responsibilities

under this Lease Agreement.

TheLESSORwarrants that the leased property is free from any and all liens or

encumbrances of whatsoever nature and he has good right to lease the same to

LESSEE, and should this not be the case, theLESSORshall reimburseLESSEE

and/or holdLESSEEfree and harmless from any and all consequential damages

and expenses, including attorney fees, which theLESSEEmay suffer. The

LESSORfurther guarantees theLESSEEs full and peaceful enjoyment of the

saidREAL PROPERTYduring the term of this Lease Agreement.

9.SALE, TRANSFER AND MORTGAGE TheLESSORreserves the right to

mortgage, sell, or otherwise dispose of the property, provided theLESSEEs

rights under this Lease Agreement are respected.

10.THIRD PARTY LIABILITY TheLESSEEhereby assumes full responsibility for

any damage which may be caused to the person or property of third persons

while remaining in any part of theREAL PROPERTY, and further binds itself to

hold theLESSORfree and harmless from any claim for injury or damage.

11.EVENTS OF DEFAULT

TheLESSEEshall be deemed in default within the meaning of this Contract

in any of the following instances:

(a) TheLESSEEfails, without any fault or negligence on the part of the

LESSOR,to fully and promptly pay the monthly rentals, or the electricity, water

charges, or any other financial obligations of the LESSEE stipulated herein,

withinTHIRTY (30)days from notice or demand.

(b) The LESSEEfails or refuses to vacate the Leased Premises upon

expiration of contract of lease.

(c) TheLESSEEviolates any of the terms and conditions stipulated herein.

(d) TheLESSEEabandons the Leased Premises

12.CONSEQUENCES OF DEFAULT

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Upon the occurrence of any of the events of default as set forth in the

immediately preceding paragraph, theLESSORmay, in addition to any other

remedies or recourse prescribed by law, pursue any all of following remedies,

simultaneously or successively:

A. To terminate this Contract of Leaseuponprior notice,as stated in

Section 13 hereof,demand or judicial declarations.

B. To immediately repossess the Leased Premises without the

necessity of instituting any court or judicial action.

13.NOTICE OF VIOLATION- Thirty (30) days after due notice is served to the

LESSEE, or its representative, of its violation of any of the conditions hereto

provided, theLESSEEshall forthwith voluntarily comply therewith or voluntarily

vacate the Leased Premises without the necessity of any court action or that

effect. Failure of theLESSEEto comply with the said notice of violation shall

entitle theLESSORto a penalty charge equivalent to the current market interestrate per annum for every day of delay plus an amount of Two Thousand Pesos

(Php 2,000.00) per day in which theLESSEEfails to correct the fault.

Thirty (30) days after due notice is served on theLESSOR, or its representative,

of its violation of any of the conditions or warranties hereto provided,LESSOR

shall forthwith voluntarily comply therewith. Failure of theLESSORto comply

with the said notice of violation shall entitle theLESSEEto terminate the

contract and collect from theLESSORthe unused advance payment and

security deposit. TheLESSEEshall not be entitled to any indemnity to any

damages it may suffer and shall solve all issues without the necessity of any

court action or that effect.

14.COMPLIANCE WITH LAWS AND REGULATIONS TheLESSEEshall comply

with any and all laws, ordinances, regulations or orders promulgated by proper

government authorities arising from or regarding the use, occupation and

sanitation of theREAL PROPERTY, and non-compliance therewith shall be at

the exclusive risk and expense of theLESSEE.

15.PRE-TERMINATION (LESSOR) -Should theLESSORdesire to terminate this

Lease Contract before its date of termination, for no justifiable cause,LESSOR

shall inform theLESSEEat least thirty (30) days from date of intended

termination.LESSEEmay at its own discretion refuse or permit theLESSORtodo so, if consent is given, theLESSORmay withdraw from this Contract

provided that theLESSORshall pay theLESSEEthe value of all the fixed

improvements introduced by theLESSEE, the value thereof shall be based on

capital expenditures at depreciated costs with penalty of .LESSORshall pay the

outstanding amount beforeLESSEEshall be obliged to vacate the Leased

Premises and ownership thereof shall revert to theLESSOR.

16.TERMINATION OF LEASE (LESSEE) Any violation or non-compliance of the

Terms and Conditions hereof on the part of theLESSEEshall give theLESSORthe right to terminate this agreement and to forfeit the security deposit as and by

way of liquidated damages.

Any violation or non-compliance of the Terms and Conditions hereof on the

part of the LESSOR shall give the LESSEE the right to terminate this

agreement, effective immediately without need of any judicial action.

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LESSOR shall return the security deposit within thirty (30) days from

receipt of written demand.

TheLESSEEshall not pre-terminate this Lease Agreement. However, in case the

LESSEEso desires to pre-terminate this Lease Agreement, theLESSEEagreesto the forfeiture of the security deposit. Furthermore, theLESSEEshould inform

theLESSORin writing of their desire to pre-terminate this Lease Agreement

NINETY (90) daysin advance from the date it will actually vacate the property.

The intent of which is to allow theLESSORample time to look for new tenant/s

who will replace the currentLESSEE.

TheLESSEEshall pay the rental for the wholeNINETY (90) days, even if the

actual vacation from the saidREAL PROPERTYwas completed earlier.

For the purpose of removing the properties mentioned in the preceding

paragraph upon the termination of this Lease Agreement, theLESSEEshall

continue to enjoy peaceful possession of theREAL PROPERTYfor a maximum

period of two (2) months which is stipulated in Section (7)of this Lease

Agreement.

17.FORCE MAJEURE -No party to this contract shall be liable for any delay or

failure to perform its obligations under this contract due to circumstances

beyond the control and without the fault or negligence of that party including

but without limitation to acts of God, blockades, civil commotion, earthquake,

fire, insurrections, labor disturbances, pandemic, riots, war (declared or

undeclared), and other occurrences beyond a partys reasonable control (force

majeure). A party hereto shall inform the other parties to this contract if any of

the foregoing event will or will likely cause a delay in the performance of its

obligations under this contract and will exert its best efforts to minimize the

duration, effect or impact of such an event. In the event that theLESSEEhas to

close operations due to circumstances amounting to force majeure and for the

reconstruction of any damage caused by such event, the rental payments for

such period shall be waived. In addition, rental shall commence upon the

resumption of the operation.

18.VENUE All actions under this Lease Agreement shall be instituted in the

properRTCcourt ofThe City of Manila, Metro Manilato the exclusion of allother courts.

19.BINDING EFFECT -This Lease Agreement shall be binding upon the heirs,

executors, administrators, successors, and assigns of the parties hereto.

IN WITNESS WHEREOF, the parties have hereunto set their hands:LESSORat

__________________________________on _________________________________ and LESSEE at

____________________ on _________________________.

_____________________________ __________________________

COOLLECTURE Attorney-in-Fact MUCHOMACHO

(LESSOR) (LESSEE)

WITNESSES:

____________________________ _________________________

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A C K N O W L E D G E M E N T

REPUBLIC OF THE PHILIPPINES )

CITY OF MANILA ) S.S.

BEFORE ME this day personally appeared

Name Identification # Date / Place of Issue

COOLLECTURE SSS ID # 0003 Philippines

Attorney-in-Fact

MUCHOMACHO Drivers Lic.# 0004 Philippines

To me known and known to me to be the same person who signed and executed the

foregoing Lease Agreement and acknowledged to me that the same is executed as his free

and voluntary act and deed of the party/ies which he/she represents for the uses and

purposes herein set forth.

This instrument consisting of _FIVE (5)_pages including this page where this

acknowledgement is written and signed by the above named parties and their witnesses on

every page thereof.

IN WITNESS WHEREOF, I have hereunto affixed my signature and notarial in the

______________________________, Philippines, this ____________________________.

(Sgd.) N. O. TARIO

Notary Public

Until __________________

PTR No. _______________

Issued at ______________

On ___________________

Doc. No.

Page No.

Book No.

Series of 2015.

ANNEX F

LETTER TO TERMINATE LEASE

Hansell and Fretzell

2210 Pedro Gil St.

Sta. Ana, Manila

December 31, 2011

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DearHansellandFretzell;

Please be informed that theSpouses Oceanairehave instructed me to

notify you that they are terminating your lease contract starting January

1, 2012.

Hence they are giving you a period of two years more, or upto December

31, 2013, to find another place for you to stay. After such period, you are

to vacate the house.

Thank you.

Coollecture

ANNEX G

DEMAND LETTER TO VACATE

January 1, 2014


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2210 Pedro Gil St.

Sta. Ana, Manila

Dear Hansell and Fretzell,

Please be informed that your two year extension period to find another

place and vacate the property belonging to Sps. Oceanaire have elapsed, hence

we are ordering you to immediately vacate said property and return the

possession thereto to Sps. Oceanaire.

We would also like to inform you that we are not accepting any rental

payments as your lease agreement have already been terminated since January

1, 2012.

Failure to comply may result to extrajudicial and/or judicial actions on

our part.

Coollecture

December 1, 2014


2210 Pedro Gil St.

Sta. Ana, Manila

Dear Hansell and Fretzell,

Please be advised that you have overextended the deadline to vacate the

property belonging to Sps. Oceanaire.

You are considered to be unlawfully detaining the property, hence failure to

return the possession to said owners will result to extrajudicia and/or judicial

measures on our part.

Collecture

ANNEX H

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CERTIFICATE TO FILE ACTION BY LUPONG TAGAPAMAYAPA

Republic of the Philippines

City of Manila

Paco, Manila

BARANGAY 888

LUPONG TAGAPAMAYAPA

underCHAIRMANTAGA-PAYAPA

COOLLECTURE Barangay Issue No. 00001

Plaintiff For: Ejectment of Lessee

vs.

HANSELL at FRETZELL

Defendants

CERTIFICATE TO FILE ACTION IN COURT

This is to certify that:

On December 3 and 4, 2015, before Chairman Taga-payapa, the partiesabove-mentioned appeared before him for the purpose of peaceful

resolution and settlement before the barangay.

The issue presented was the continued refusal to vacate the leased

property by Hansell and Fretzell, despite the termination of the lease, the

refusal to accept rental payment, and the demand to vacate by the

owners Billy and Bambam Oceanaire, through their Attorney-in-Fact

Coollecture.

Despite the earnest effort between the parties to find an end to the issuebefore the barangay, the parties failed to arrive at a solution to end the

issue between them.

Therefore the Lupon hereby certifies that the issue shall be better

resolved in court upon filing of the proper complaint.

5 December 2015

Prepared by:

TAGA-PAGAYOS

Barangay Kagawad

Conforme:

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CHAIRMANTAGA-PAYAPA

Punong Barangay / Chairman

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ejectment regional trial court (1)

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