REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
MAKATI CITY
BRANCH 64

TERESA AMELIA GARCIA

Plaintiff,

Civil Case No. _______________

– versus – For: Collection for Sum of
Money

STELLA MARIZ BEREZA

Defendant.

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

COMPLAINT
Plaintiff, TERESA AMELIA GARCIA (“Plaintiff Garcia”), by
counsel, respectfully states:

I
THE PARTIES

1. Plaintiff Teresa Amelia Garcia is a Filipino citizen, of

legal age, with residential address at 380 Manga St., Cembo,
Makati City.

2. Defendant Stella Mariz Bereza (“Defendant Bereza”)

is a Filipino citizen, of legal age, with residential address at 329
Manga Street, Cembo, Makati City.

II

1
 FACTS

3. Defendant Bereza is the owner of the 90-square

meter condominium unit 2780A located at Tower 1, Jazz
Residences, Metropolitan Avenue corner Nicanor Garcia Street,
Barangay Bel-Air, Makati City which was leased to Plaintiff
Garcia for one (1) year.

4. The parties executed a lease contract on 28 December

2019, with Andrea Zobel who stood as witness.

5. The Contract of Lease contained the following

relevant provisions:1

Section 1. The contract of lease is for a period of

one (1) year from January 1, 2020 until
December 31, 2020.

Section 2. The monthly rental is PhP 85,000.00

which shall be paid on the 1st day of each month.

Section 3. Before the lease commences, the

LESSEE shall pay the rent for the month of
January 2020 and pay in advance a deposit
worth two (2) months of rent or PhP 170,000.00.

Section 4. The security deposit shall be applied as

rent for one month before the contract of lease is
terminated while the remaining PhP 85,000.00
shall answer for any liability or obligation that
the LESSEE may incur to third parties arising
from or regarding the use of the subject premises
such as unpaid utility expenses and repairs of the
property leased.

Section 5. The LESSOR shall provide the LESSEE

the receipts of the expenditures and any
remaining deposit shall be returned to the
LESSEE.

Section 6. On the last day of the lease period, the

LESSOR shall check for any unpaid liabilities
such as utility bills and assess whether the leased
property will need repairs.

1
A copy of the Contract of Lease is attached as Annex “A”.

2
 Section 7. Should the contract of lease ends
without any unpaid liabilities and without any
damages necessitating repairs of the
condominium unit, the remaining deposit of PhP
85,000.00 shall be returned to the LESSEE on the
last day of the lease period.

6. The LESSEE religiously paid the monthly rentals from

January to November 2020 as evidenced by the official receipts
issued by the LESSOR to the LESSEE.2

7. On 25 November 2020, Plaintiff Garcia reminded

Defendant Bereza that she will consume half of the deposit
worth one month’s rent or Php 85,000.00 as payment for the
December 2020 rent. Defendant Bereza acceded and even
acknowledged that it was already agreed upon and stipulated in
the contract.

8. On the last day of the lease, Defendant Bereza found

no unpaid utility bills and the condominium unit was in good
condition showing no signs of any damage that will require
repairs. Bereza informed Garcia of this and promised to return
the security deposit within the week.

9. A week passed but the security deposit remained

unpaid.

10. Plaintiff called the defendant and made an oral

demand but such demand remained unheeded.

11. Pursuant to Section 7 of the lease contract, Plaintiff

Garcia sent a demand in writing3 for the return of the remaining
deposit in the amount of PhP 85,000.00. The defendant ignored
the same.

12. Plaintiff sent Defendant Bereza another Demand

Letter4. However, Defendant refused for the reason that she
already spent the deposit for personal expenditures.

2
A copy of the official receipts are attached as Annex “B”, “C”, “D”, “E”, “F”, “G”, “H”, “I”, “J”, “K”, “L”,
respectively.
3
Demand Letter dated 20 January 2021 is attached as Annex “M”
4
Demand Letter dated 15 February 2021 is attached as Annex “N”

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 13. Defendant Bereza promised to pay the remaining
deposit when her means permit her to do so.

14. Hence, this Complaint.

III
CAUSES OF ACTION

FIRST CAUSE OF ACTION

15. Plaintiff Garcia repleads and adopts by reference all

the foregoing allegations insofar as they are material hereto.

16. The contract of lease clearly states that the remaining

deposit of PhP 85,000.00 should be returned to the lessee by the
end of the lease term should there be no unpaid liabilities and
damages necessitating repairs arising from the use of the
subject premises.

17. Since by the end of the lease period there were no

unpaid liabilities and the condominium unit was in good
condition showing no signs of any damage that will require
repairs, Defendant Bereza should return the security deposit in
the amount of PhP 85,000.00 to Plaintiff Garcia.

SECOND CAUSE OF ACTION

18. Plaintiff Garcia repleads and adopts by reference all

the foregoing allegations insofar as they are material hereto.

19. Article 1170 of the New Civil Code states: “Those who
in the performance of their obligations are guilty of fraud,
negligence, or delay, and those who in any manner contravene
the tenor thereof, are liable for damages.”

20. The contract of lease expressly provides that the

remaining deposit of PhP 85,000.00 shall be returned to the
LESSEE on the last day of the lease period, specifically, 31
December 2020. On the same date Plaintiff Garcia demanded the

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return of the security deposit, however, Defendant Bereza failed
to comply. As a result, the latter incurred delay. Consequently,
she is liable for damages.

21. Article 2209 of the New Civil Code provides that if

the obligation consists in the payment of a sum of money, and
the debtor incurs in delay, the indemnity for damages, there
being no stipulation to the contrary, shall be the payment of the
interest agreed upon, and in the absence of stipulation, the legal
interest, which is six per cent per annum.

22. In Eastern Shipping Lines Inc. v. Court of Appeals,5 the

Court laid down the guidelines regarding the manner of
computing legal interest, to wit:

II. With regard particularly to an award of

interest in the concept of actual and compensatory
damages, the rate of interest, as well as the accrual
thereof, is imposed, as follows:

1. When the obligation is breached, and it

consists in the payment of a sum of money, i.e., a loan
or forbearance of money, the interest due should be
that which may have been stipulated in writing.
Furthermore, the interest due shall itself earn legal
interest from the time it is judicially demanded. In
the absence of stipulation, the rate of interest shall
be 12% per annum to be computed from default, i.e.,
from judicial or extrajudicial demand under and
subject to the provisions of Article 1169 of the Civil
Code.

23. However, the rate has been reduced to 6% pursuant

to Circular No. 799 issued by the Bangko Sentral ng Pilipinas
Monetary Board (BSP-MB) which took effect on July 1, 2013.

24. The obligation of Defendant Bereza is a payment for

a sum of money wherein she already incurred delay. The
indemnity for damages arising from the delay shall be based on
the interest agreed upon, and in the absence of stipulation, the
legal interest of 6%.

5
G.R. No. 97412, July 12, 1994, 234 SCRA 78

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 25. The Defendant is also liable for Attorney’s Fees.
Under Article 2208, it is provided that in the absence of
stipulation, attorney's fees and expenses of litigation, other than
judicial costs, cannot be recovered, except:

x x x (2) When the defendant's act or omission

has compelled the plaintiff to litigate with third
persons or to incur expenses to protect his interest;
xxx

26. Due to the Defendant’s failure to return the security

deposit, the Plaintiff was compelled to file a civil action against
the former in order to protect her interest. A total amount of
PhP 20,000.00 was incurred by the Plaintiff for attorney’s fees
and litigation expenses.

IV
COMPLIANCE WITH RULE 7, SECTION 6 OF THE 1997 RULES
OF CIVIL PROCEDURE AS AMENDED

27. As and by way of compliance with Rule 7, Section 6

of the 1997 Rules of Civil Procedure as amended by A.M. No. 19-
10-20-SC, plaintiff hereby submits the following:

A. NAMES OF WITNESSES AND SUMMARY OF INTENDED

TESTIMONIES

1 TERESA AMELIA GARCIA Ms. Garcia, plaintiff in this

case, will testify, among
others, as to the pertinent
facts. She will also identify the
documents attached to the
complaint. She will also
elaborate the contents of the
Contract of Lease executed
between her and the
defendant, particularly the
clauses relevant to the causes
of action provided in this case.
She will also testify that
demand letters were sent to

6
 the defendant, and that the
latter refused without valid
and sufficient cause. She will
also substantiate the damages
she has suffered due to
defendant’s refusal to return
the security deposit.
2 ANDREA ZOBEL Ms. Zobel will testify that she
personally saw the plaintiff
and defendant execute the
Contract of Lease dated 28
December 2019. She will also
testify with respect to relevant
information and identify the
documents which she has
personal knowledge.
3 REPRESENTATIVE FROM The representative shall testify
THE COURIER that the Demand Letters which
were sent through their service
were successfully delivered to
the Defendant. He/She will
likewise authenticate the
records of delivery and the
mailing receipts upon which
the Defendant signed when
she received the documents
(letters).

B. DOCUMENTARY AND OBJECT EVIDENCE IN SUPPORT OF

THE ALLEGATIONS CONTAINED IN THE COMPLAINT

ANNE DOCUMENT / PURPOSE/S

X DESCRIPTION
“A” Contract of Lease To prove the existence of the
dated 28 December lessor-lessee relationship
2019 between the parties. It will
likewise provide the basis for
the Defendant’s obligation to
return the security deposit
“B”, Official Receipts To prove that plaintiff

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 “C”, complied with condition to pay
“D”, the initial rental fee and the
“E”, required security deposit
“F”, worth two (2) months rent. It
“G”, will also prove that Plaintiff
“H”, had religiously paid her rents,
“I”, “J”, and thus strengthen the
“K”, position that she did not leave
“L” outstanding obligations that
would sanction Defendant to
refuse the return of the
security deposit
“M” Demand Letters To show that the Plaintiff tried
“N” dated 20 January to peaceably ask for the return
2021 and 15 of the deposit but to no avail
Febraury 2021 which prompted her to resort
to this civil case
“O” Employment To prove the Plaintiff’s
Contract of Teresa employment and salary which
Amelia Garcia shall strengthen her claim that
isssued by Banco De she has not been delinquent in
Oro her obligations with the
Defendant
“P” Business Permits To prove that Plaintiff has
issued by the City other sources of income which
Government of shoulders her living expenses
Makati’s Permits thereby strengthening claim
Office that she has not been
delinquent in her obligations
with the Defendant
“Q” Official Receipt To prove that she has not left
issued by Internet any outstanding obligation
Service Provider which would warrant
evidencing payment withholding of the security
of outstanding deposit
liabilities
“R” Disconnection To prove that she has not left
Confirmation issued any outstanding obligation
by the Internet which would warrant
Service Provider withholding of the security
deposit
“S” Courier’s Record of To prove that the Defendant

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 Deliveries with received the first Demand
Mailing Receipts Letter coursed through a
dated 21 January courier.
2021
“T” Screenshot of Text To prove that the Defendant
Message from received the first Demand
Courier stating Letter coursed through a
successful delivery courier.
on 21 January 2021
“U” Courier’s Record of To prove that the Defendant
Deliveries with received the second Demand
Mailing Receipts Letter coursed through a
dated 16 February courier
2021
“V” Screenshot of Text To prove that the Defendant
Message from received the second Demand
Courier stating Letter coursed through a
successful delivery courier
on 16 February
2021
“W” Judicial Affidavit of To establish in detail other
Teresa Amelia facts and circumstances
Garcia surrounding the Contract of
Lease
“X” Judicial Affidavit of To establish that a Contract of
Katherine Mendoza Lease was executed by the
parties
“Y” Judicial Affidavit of To establish that the Demand
a Representative Letters were successfully
from the Courier delivered to the Defendant; to
company authenticate the records of
delivery and the mailing
receipts where the Defendant
signed upon receiving the
Demand Letters

26. Finally, plaintiff through counsel, is amenable to

delivery and receipt of pleadings and other court submissions
through electronic mall and other forms of electronic means as
provided for by the 1997 Rules of Civil Procedure, as amended

9
by A.M. No. 19-10-20-SC, and as may be permitted by the
Honorable Court.

V
PRAYER

WHEREFORE, premises considered, it is hereby respectfully

prayed before this Honorable Court -

1. After trial, render a decision in favor of the Plaintiff

and order the Defendant to pay the following amounts:

a. The sum of Eighty Five Thousand Pesos (PhP

85,000.00) for the return of security deposit;

b. Actual damages in the form of interest that have

accrued from the time of demand until the full
settlement of the amount due;

c. The amount of at least Twenty Thousand Pesos

(PhP 20,000.00) as attorney’s fees and expenses
of litigation.

Other reliefs that are just and equitable under the

foregoing premises are likewise prayed for.

BY:

EVA, SEGUIRAN & ASSOCIATES

ATTORNEYS-AT-LAW
Counsel for the Complainant
5th Floor Greenfield Tower,
Mayflower Street, Mandaluyong City,
Metro Manila, Philippines
Tel. No. (632) 870 5438
Telefax No. (632) 888 4535 loc.103
Email: attys@esalaw.com

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 FOR THE FIRM:

Jenica B. Eva
JENICA B. EVA
PTR No. 5913409; 07/03/20; Makati City
IBP No. 088237; 05/03/20; Makati City
Roll of Attorneys No. 23748
MCLE Compliance – Admitted to the Bar 2016

Gabrielle Ann F. Seguiran

GABRIELLE ANN F. SEGUIRAN
PTR No. 5478395; 11/26/20; Manila
IBP No. 054829; 03/23/20; Manila
Roll of Attorneys No. 22639
MCLE Compliance – Admitted to the Bar 2016

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REPUBLIC OF THE PHILIPPINES }
CITY OF MAKATI } S.S.

VERIFICATION AND
CERTIFICATION OF NON-FORUM SHOPPING

I, TERESA AMELIA GARCIA, Filipino, of legal age, single

and a resident of 380 Manga St., Cembo, Makati City, Philippines,
after being sworn in accordance with law, depose and state that:

1. I am the plaintiff in the foregoing complaint and have

caused the preparation and filing of the same;

2. The allegations in the Complaint are true and correct

based on my personal knowledge, or based on authentic
documents;

3. The pleading is not filed to harass, cause unnecessary

delay, or needlessly increase the cost of litigation;

4. The factual allegations therein have evidentiary support

or, if specifically so identified, will like have evidentiary
support after a reasonable opportunity for discovery;

5. I 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 my
knowledge, no such other action or claim is pending
therein;

6. If there is such other pending action or claim, I shall

provide a complete statement of the present status
thereof; and

7. If I should thereafter learn that the same or a similar

action or claim has been filed or is pending, I shall
report that fact within five (5) calendar days therefrom
to the court wherein aforesaid complaint or initiatory
pleading has been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this

10th day of March 2021 at Makati City, Philippines.

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 Teresa Amelia Garcia
TERESA AMELIA GARCIA

SUBSCRIBED AND SWORN to before me this 10th day of

March 2021 at Makati City, Philippines, affiant whose identity is
personally known to me, having exhibited her Driver’s License
No. LP-0006573821-1 as competent proof of identity.

Annalise Kiting
ANNALISE KITING
Notary Public for Makati City
IBP No. 61956; 01-30-20;
Makati City
PTR No. 061596; 02-01-20;
Makati City
Roll of Attorney’s No. 36854
MCLE Exemption No. VI-
009876

Doc. No. 20;

Page No. 16;
Book No. II;
Series of 2021.

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