Republic of the Philippines

MUNICIPAL TRIAL COURT

Sixth Judicial Region
Branch ____, Bacolod City

DALTON M. GOTEL, JR.,

Plaintiff, Civil Case No. ________
For Consignation
-versus-

BENJAMIN PALISOC,
Defendant.
x-------------------------x

COMPLAINT

COMES NOW Plaintiff, through the undersigned counsel and to this

Honorable Court, most respectfully alleges that:

1. Plaintiff is of legal age, Filipino, and a resident of E. B. Magalona,

Negros Occidental. For purposes of this action, plaintiff may be served
with orders, notices and other processes of this Honorable Courth
through the office of the undersigned counsel indicated below;

2. Defendant is of legal age, Filipino and a resident of Bacolod City,

Philippines, and may be served with summons and other processes of
the Honorable Court at his last known address at ________________;

3. Sometime on September 28, 2010, the plaintiff and defendant entered

into a Lease Contract of four and a half (4 1/2) hectares of farm land.
The lease is for a duration of three (3) years but extendible to five (5)
years at twelve thousand (P12,000.00) pesos per hectare per year.
The parties further stipulated that the amount of forty eight thousand
(P48,000.00) pesos will be paid as down payment and the remaining
years are paid on or before October 31st of the succeeding years.
Copy of the Lease Contract is hereto attached as Annex “A”, forming
part of this complaint;

4. The parties likewise agreed that “the lessor has the right to terminate
said contract should there be a lapse of yearly payments”. For fear
that said contract might be terminated at the instance of the lessor
(defendant herein) and not having recovered the expenses incurred,
plaintiff sought to tender payment to the defendant his yearly rental
for the amount of P12,000.00 which will be due on or before October
31st. Despite repeated demand to accept payment, defendant failed,
neglected and refused, and continues to fail and refuse to accept
payment of the due yearly rental. (copy of affidavit or anything
attesting to the fact of refusal);

5. Plaintiff believed that defendant intends to insistently refuse to accept

such payment until or after October 31 st to be able to avail of his right
to terminate the said contract. Such act to circumvent the agreement
is apparently prejudicial to the plaintiff;

6. In addition, defendant proposed to plaintiff to modify or supersede the

above-mentioned contract with a provision, among others, reducing
one (1) hectare of farm land from the original agreement. Such

1
 proposal has the effect of rendering void or invalid the original
contract. Finding it to be unfavorable, plaintiff decided to withhold the
signing of the same. A copy of the draft of the proposed contract is
hereto attached as Annex ____;

7. Article 1256 of the New Civil Code provides:

“If the creditor to whom tender of payment has

been made refuses without just cause to accept it,
the debtor shall be released from responsibility by
the consignation of the thing or sum due.”

8. The Supreme Court in Velez vs. Avelino, L-48448, January 20, 1984
said that if a lessee tenders his rent but the lessor refuses to accept
the same, the former must consign the rent in court (by first filing an
action for consignation) or else deposit the rent in a bank, under the
lessee’s name x x x.

PRAYER

WHEREFORE, after due notice and hearing, plaintiff respectfully prays

that judgment be rendered against defendant to compel him to accept the
rent and to release plaintiff of his accrued obligation.

Plaintiff respectfully prays for such other relief as may be just and
equitable under the premises.

MOST RESPECTFULLY SUBMITTED.