REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
Branch 8
Manila

A & B,
Plaintiffs,
Civil Case No. Q-47585
-versus- For: Ejectment (Forcible
Entry)
C,
Defendant.
x-------------------------------------x

COMPLAINT

Plaintiffs, through the undersigned counsel, and unto this Honorable

Court most respectfully submits this Complaint for Forcible Entry and in
support hereof makes the following assertions:

1. Plaintiffs A & B are residing at #564 Anonas Street, Brgy. 630, Sta.
Mesa Manila, where they may be served with court order and other
processes;

2. Defendant C is residing at Block 55 Lot 97 Malakas Street, St.

Charbel Executive Subdivision, Congressional Ave., Quezon City,
where he may be served with court order and other processes;

3. On September 24, 2015, the Plaintiffs leased the warehouse on a 500

square meter lot located in Manila, owned by herein Defendant.

4. The lease agreement was for 5 years. (Lease Agreement is herein

attached as Annex “A”)

5. The lease agreement is hereby reproduced herein:

LEASE CONTRACT

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT OF LEASE is made and executed at the

City of Manila, this day of September 24, 2015, by and between:

C, of legal age, single, Filipino and with residence at

Block 55 Lot 97 Malakas Street, St. Charbel Executive

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Subdivision, Congressional Ave., Quezon City, herein after
referred to as the LESSOR;
-AND-

A & B, Filipino, and with residence at #564 Anonas Street,

Brgy. 630, Sta. Mesa Manila, hereinafter referred to as the
LESSEE.

WITNESSETH; That

WHEREAS, the LESSOR is the owner of THE LEASED

PREMISES, a commercial property situated at #535 Taft Ave.
corner T.M. Kalaw St., Ermita, Manila.

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

That premises hereby leased shall be used exclusively by

the LESSEE for commercial 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.

This term of lease is for FIVE (5) YEARS from

September 24, 2015 to September 24, 2020 inclusive. Upon its
expiration, this lease may be renewed under such terms and
conditions as may 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.

The monthly rental rate for the leased premises shall be in

PESOS: TWENTY-FIVE THOUSAND PESOS (P 25,000.00),
Philippine Currency. All rental payments shall be payable to the
LESSOR.

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 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 (20) % 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.

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.

_____C_____ ______A______ _____B_____

LESSOR LESSEE LESSEE

xxx

6. When the lease expired on September 24, 2020, the Defendant asked
the Plaintiffs to vacate the premises.

7. The Plaintiffs refused such notice to vacate because they have already
notified their intention to renew the lease to the Defendant, to which
the latter agreed as evidenced by the written agreement between the
parties. (Written Agreement for Renewal of Lease Agreement is
hereby attached as Annex “B”)

8. The Written Agreement for the Renewal of the Lease Agreement is

reproduced as follows:

RENEWAL OF LEASE CONTRACT

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the LESEES have expressed their

intention to renew their lease of the commercial property
owned by the LESSOR;

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 WHEREAS, the LESSOR agrees to such extension
for another FIVE YEARS from expiration of the first lease
agreement: from September 24, 2020 to September 24,
2025;

WHEREAS, renewed lease agreement shall be

subject to the terms and conditions of the first lease
agreement, which are hereby considered part and parcel of
this renewed lease agreement;

NOW THEREFORE, for and in consideration of

the foregoing premises, the LESSOR renews the lease
agreement and the LESSEE hereby accepts from the
LESSOR the LEASED premises.

IN WITNESS WHEREOF, parties herein affixed

their signatures on the date and place above written.

_____C_____ ______A______ _____B_____

LESSOR LESSEE LESSEE

9. About a month after, the Defendant, with the aid of armed men,
caused the closure of the warehouse by constructing fences around the
property, in violation of the renewed lease agreement;

10.Due to such action of the Defendant, the Plaintiffs were forced to

vacate the premises in contravention of the right of the Plaintiffs to
possess the property during the existence of the renewed lease
agreement;

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this

Honorable Court that, after the proceedings, judgment be rendered in favor
of the Plaintiffs and ordering the Defendant and all persons claiming rights
under him to:

a. Give the immediate right to possession of the property to the Plaintiffs

and honor the renewed lease agreement;

b. Pay the cost of this suit.

Plaintiff prays for such other reliefs as may be deemed just and equitable
under the circumstances.

City of Manila, 18 December 2020.

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 ATTY. DIONISIO C. BELGA
Counsel for Plaintiffs
PTR No. 93892; SFC 2/20/2020
IBP O.R. No. 458214; 5/12/2020
Attorney’s Roll No. 54214

Republic of the Philippines )

City of Manila ) S.S.

VERIFICATION AND CERTIFICATION

We, A & B, of legal age, Filipino, and a resident of #564 Anonas

Street, Brgy. 630, Sta. Mesa Manila, after being sworn in accordance with
law, hereby depose and say:

1. That we are the plaintiffs in the above-entitled case;

2. That the allegations in the pleading are true and correct based on
our personal knowledge and authentic documents;

3. That this complaint is not filed to harass, cause unnecessary delay,

or needlessly increase the cost of litigation;

4. That the factual allegations herein have evidentiary support or, if

specifically so identified, will likewise have evidentiary support
after a reasonable opportunity for discovery;

5. That we further certify (a) that we have not theretofore commenced

any action or filed any claim involving the same issues in any
court, tribunal or quasi-judicial agency and, to the best of our
knowledge, no such other action or claim is pending therein; (b) if
there is such other pending action or claim, a complete statement
of the present status thereof; and (c) if we should thereafter learn
that the same or similar action or claim has been filed or is
pending, we shall report that fact within five (5) calendar days
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 therefrom to the court wherein our aforesaid complaint has been
filed.

IN WITNESS WHEREOF, I have hereunto set my hand this 18th

day of December 2020 in the City of Manila.

__A & B__

Affiants

SUBSCRIBED AND SWORN to before me, this 18th day of December

2020, affiant exhibiting to me their Tax Identification Card as shown above
below their names as competent evidence of identity.

ATTY. DIONISIO C. BELGA

PTR No. 93892; SFC 2/20/2020
IBP O.R. No. 458214; 5/12/2020
Attorney’s Roll No. 54214

Doc. No. 4
Page No. 2
Book No. I
Series of 2020

Copy Furnished

ATTY. VOLTAIRE GRIPALDEO

Counsel for Defendant
Red Hill Bldg. Commonwealth
Ave., Quezon City