REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT

City of Makati

Branch 1

Civil case for Unlawful Detainer

December 29, 2019

JESSA CABREROS the Plaintiff

represented by:

MACIEL BENAVIDES,

versus

MARK BAUTISTA the Respondent,

COMPLAINT

Representative of PLAINTIFF authorized by Special Power of Attorney

(Annex B) as assisted by counsel submits to the Honorable Court the following
facts;
1. Representative of PLAINTIFF is of legal age, Filipino and is residing in
No. 7 Jacarenda St. Forbes Park Village Makati City where she may be
served notices and other court processes

2. RESPONDENT is of legal age, Filipino and is residing in No. 75 Rizal St.

Urdaneta Village Makati City;

3. PLAINTIFF is the absolute owner and lessor of the subject property which
is a house and lot in No. 0 Jacarenda St. Forbes Park Village Makati City;

4. PLAINTIFF and RESPONDENT entered into a contract of lease on

February 3, 2019 whereby PLAINTIFF agreed to lease subject property to
RESPONDENT who then has an obligation to pay monthly rentals. The
rental payment agreed by the PLAINTIFF and the RESPONDENT is Php.
250,000 to be due and demandable for every 5 th day of the month beginning
February 2019. The said contract is effective from February 3, 2019 until
February 3, 2020

5. RESPONDENT occupied the subject property and was able to pay the rent
until the month of September but defaulted in paying the monthly rentals for
the duration of 3 months starting from October 5, 2019 up to December 5,
2019. The RESPONDENT did not pay the monthly rentals agreed upon in
the lease contract despite repeated notices and demands for their payment.

6. PLAINTIFF through her appointed Representative and with assistance of a

counsel demanded for the RESPONDENT to pay the accruing rentals
amounting to Php750,000.
7. PLAINTIFF through her Representative initiated proceedings in the Lupong
Tagapamayapa but the she and the RESPONDENT failed to make an
amicable settlement.

8. The PLAINTIFF through her appointed Representative files this complaint

because of the RESPONDENT’S negligence in not paying the monthly
rentals agreed upon in the lease contract and his refusal to leave the premises
of the subject property.

9. Attached to this complaint are the following documents;

 Contract of Lease with RESPONDENT which is identified as Annex

A
 PLAINTIFF’S Representative’s Special Power of Attorney which is
Annex B
 Notice of Payment given to RESPONDENT which is Annex C
 Demand for Payment which is Annex D
 Certification to File Action which is Annex E

PRAYER

It is respectfully prayed to the Honorable Court that judgment be rendered in

favor of the PLAINTIFF and against the RESPONDENT, ordering the latter
to;

1. Vacate the house and lot in No. 0 Jacandera Forbes Park Village Makati
City
 2. Pay the rentals at the rate agreed upon with the PLAINTIFF which is
Php. 250,000 starting from October 2019 up to December 2019.

3. Pay the costs of this suit including the PLAINTIFF’s attorney’s fees
which amounts to Php. 15,000.

Other reliefs just and equitable in the premises are likewise prayed for.

ATTY. MARIA GLADYS B. ORLINO

Counsel for Plaintiff
Orlino & Associates Law Firm
Philippine Stock Exchange, Kingsley Avenue, Makati City

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

REPUBLIC OF THE PHILIPPINES

CITY OF MAKATI

I, MACIEL BENAVIDES appointed representative of the above named

PLAINTIFF JESSA CABREROS, of legal age, after having been duly sworn in
accordance with law state that:

1. I caused the preparation of the complaint and I am authorized to do so by

PLAINTIFF JESSA CABREROS by virtue of Special Power of Attorney
Number 1234
2. I have read the contents of this complaint and the facts stated therein are
true and correct of my personal knowledge and/or on the basis of copies of
documents and records in my possession;
3. I have not filed any other action or proceeding involving the same issues in
the Supreme Court, Court of Appeals or any other tribunal or agency
4. As far as I know no such action is pending in the Supreme Court, Court of
Appeals or any other tribunal or agency
5. If I should thereafter learn that a similar action or proceeding has been filed
or is pending before the Supreme Court, the Court of Appeals, or any other
tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this Honorable Court.

Makati City, Philippines, December 29, 2019

______________________
MACIEL BENAVIDES

SUBSCRIBED AND SWORN to me this 29 th day of Decemeber 2019 at

Makati City, Philippines affiant presented to me her Philippine Passport No.
A124453D issued in Department of Foreign Affairs Manila on January 3,
2019.

Atty. Mary Salve

Notary Public for City of Makati
 ANNEX A

CONTRACT OF LEASE

This is an agreement made and executed this 3rd day of February 2019 in the
City of Makati by and between JESSA CABREROS, Filipino, of legal age and
residing at No. 0 Jacarenda St. Forbes Park Village Makati City hereinafter
referred to as the LESSOR and MARK BAUTISTA, Filipino, of legal age and
residing at No. 75 Rizal St. Urdaneta Village Makati City, hereinafter referred to as
LESSEE;

The LESSOR is the true and lawful owner of the registered property which is a
Four Bedroom house and lot situated in No. 0 Jacarenda St. Forbes Park Village in
Makati City, together with all the improvements therein found, including all the
furniture therein which all are in good working condition.

The LESSEE desires to lease the said house and lot and all the said improvements
and furniture, as aforementioned therein, and the LESSOR agrees to lease the same
to the lessee under the following conditions:

1) The herein LESSEE shall pay TWO HUNDRED FIFTY THOUSAND

PESOS in Philippine currency (Php. 250,000) as monthly rentals due and
payable every 5th day of the month beginning February 2019. Aside from the
monthly rentals the LESSEE is also obliged to pay the monthly utility bills
such as electricity, water bills and internet and telephone bills if it will be
installed in the house and lot during the effectivity of the lease contract. The
payment for the monthly rental must be given to the LESSOR herself or the
LESSOR’s representative.
2) The LESSEE shall NOT sublease the subject house and lot of this contract.
The LESSOR may immediately terminate the contract if the LESSEE
subleases the said house and lot.

3) The LESSEE may introduce improvements including electrical circulation to

the house and lot provided that he has acquired the written consent of the
LESSOR before introducing the said improvements. All improvements to
the house and lot shall belong to the LESSOR.

4) The LESSEE, his immediate family, and his helpers are the only ones who
are authorized to stay in the house and lot. The LESSEE shall not turn the
house and lot into a bedspace, boarding house or a place for immoral or
illegal activity.

5) The LESSOR or any her representatives may visit the house and lot and
check its condition on any day during reasonable hours.

6) Payments for minor repairs to the house and lot shall be shouldered by the
LESSEE while major repair to the house and lot shall be shouldered by the
LESSOR. Repairs exceeding the cost of TWO THOUSAND PESOS (Php.
2,000) shall be considered as major repairs.

7) This contract of lease shall take effect beginning February 3, 2019 until
February 3, 2020. This contract may be renewed with a written notification
provided by the LESSEE 60 days before the expiration of the contract. The
renewal of the contract is subject to the LESSOR’S approval who shall have
the right to deny said renewal if the LESSEE fails to comply with his
obligation such as payment of monthly rentals.
 _____________________ _____________________

JESSA CABREROS (LESSOR) MARK BAUTISTA (LESSEE)

WITNESSES:

___________________ __________________

JOSE PALMA NICK ALMA

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES

CITY OF MAKATI

JESSA CABRERO appeared before me a notary public in the City of

Makati, personally appeared with her Philippine Passport No. P000000B
issued at January 1, 2019 on Makati City and Mark Bautista appeared before
me with his Philippine Passport No. A123455C issued at February 2, 2019
on Makati City as proof of identification, these two are known to me as the
same parties who executed the foregoing instrument, and they acknowledged
to me that they executed the instrument with their own free act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my

notarial seal on the 4th day of February 2019.

Atty. Sarah Rizalino

Notary Public for City of Makati
 ANNEX B

SPECIAL POWER OF ATTORNEY

I, JESSA CABREROS of legal age, resident of No.0 Jacarenda St. Forbes Park
Village, Makati City Philippines execute this special power of attorney in Makati
City Philippines on February 6, 2019 hereby assign, nominate and appoint
MACIEL BENAVIDES resident of No.7 Jacarenda St. Forbes Park Village Makati
City Philippines to execute all or any of the following acts on my behalf in relation
to the Contract of Lease agreed upon with MARK BAUTISTA.

MACIEL BENAVIDES is hereby authorized to;

 Receive payment rentals as agreed upon with the lease contract

 To visit and check the leased house and lot in No. 0 Jacarenda St.
Forbes Park Village Makati City
 To pay for the expenses of major repairs for the leased house and lot
 To appear before Lupon Tagapamayapa in order to know if there
could be an amicable settlement for any disagreement arising from the
lease contract
 To institute complaint for unlawful detainer
 To sign the verification for non-forum shopping
 To appear before the Court if ever a complaint of unlawful detainer is
filed
 To appear before a Court annexed mediator
 To enter into a compromise agreement and sign the same
 To execute and sign documents relative to the foregoing powers

IN WITNESS WHEREOF I hereby set my hands this 6 th of February, 2019 in the

City of Makati Philippines.
JESSA CABREROS MACIEL BENAVIDES

Principal Representative

REPUBLIC OF THE PHILIPPINES)

MAKATI CITY

ACKNOWLEDGEMENT

BEFORE ME A NOTARY PUBLIC in the City of Makati, personally appeared

Jessa Cabreros with her Philippine Passport No. P000000B issued at January 1,
2019 on Makati City and Maciel Benavides with her Philippine Passport No.
A124453D issued at January 3, 2019 on Makati City as proof of identification,
known to me as the same parties who executed the foregoing instrument, and they
acknowledged to me that they executed the instrument with their own free act and
deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial
seal on the 6th day of February 2019.

Atty. Kyle Rizo

Notary Public for City of Makati
 ANNEX C

NOTICE OF PAYMENT

Mark Bautista

No.75 Rizal St. Urdaneta Village Makati City

December 5, 2019

Sir,

Good day,

I am Maciel Benavides representing Jessa Cabreros by virtue of Special Power of

Attorney. I am notifying you of your balance for your unpaid monthly rentals
pursuant to your lease agreement with Ms. Cabreros.

From October 2019 up to December 2019 you have not paid the agreed monthly
rental of Php. 250,000. The non-payment caused the accrual of your balance to a
total of Php. 750,000.

Please settle the said balance good day.

Truly yours,

Maciel Benavides
 ANNEX D

DEMAND LETTER

MARK BAUTISTA

No. 75, Rizal St. Urdaneta Village, Makati City

December 10, 2019

Sir,

I am writing to you in behalf of my client Jessa Cabreros who is represented by

Maciel Benavides by virtue of Special Power of Attorney. This letter corresponds
to the matter of your non-payment of the monthly rentals as agreed upon with your
Contract of Lease with Miss Cabreros subject of which is the house and lot in No.0
Jacarenda St. Forbes Park Village, Makati City.

Records and documents regarding the transactions corresponding to your lease

contract with Miss Cabreros disclose the following;

 Your rent for 1 month was agreed to have been Php. 250,000.
 That you have unpaid monthly rentals starting October 2019 to December
2019
 Your non-payment of the monthly rental for three months made you have a
total of Php. 750,000 in debt.

Accordingly, final demand is made upon you to pay Php.750,000 immediately.

Otherwise we will be constrained to file necessary legal actions against you.
 To avoid the inconvenience and expense of litigation please give this matter
prompt and preferential attention. Good day and thank you.

Truly yours,

Atty Maria Gladys Orlino

 ANNEX E

REPUBLIC OF THE PHILIPPINES

CITY OF MAKATI

BARANGAY FORBES

OFFICE OF THE LUPONG TAGAPAMAYAPA

Jessa Cabreros represented by

Maciel Benavides through

Special Power of Attorney

Complainant

Mark Bautista

Respondent

January 3, 2020

Barangay case for non-payment of lease rental

 CERTIFICATE TO FILE ACTION

This is to certify that the parties had a personal confrontation in the Punong
Barangay and was not able to reach a settlement.

Therefore the complaining party in this dispute may now file a corresponding
complaint in a Court or a government office/agency.

_____________________

Gilbert Neri

Punong Barangay