REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL REGION METROPOLITAN TRIAL COURT MAKATI CITY BRANCH 12 EMMA E.

TAYLO, Plaintiff, -versusSNOW Y. WHITE, Defendant. x - - - - - - - - - - - - - - - - - - - - -- - - - x COMPLAINT COMES NOW, the Plaintiff, through the undersigned counsel and unto this Honorable Court, most respectfully avers: 1. That the Plaintiff, EMMA E. TAYLO, is of legal age, Filipino Citizen, widow, with residence and postal address at 6891 Washington St., Makati City; 2. That the ,Defendant, SNOW Y. WHITE, is of legal age, Filipino citizen, single, with residence and postal address at Unit No. 425, Cityland Pasong Tamo, Estacion St., Brgy. Pio del Pilar, Makati City, where she may be served with summons and other court processes; 3. That the Plaintiff is the owner of a condominium unit located at Unit No. 425, Cityland Pasong Tamo, Estacion St., Brgy. Pio del Pilar, Makati City, as shown in the Condominium Certificate of Title No. 68130 and Tax Declaration No. 08011, attached herein as Annex A and Annex B, respectively; 4. That the Plaintiff and the Defendant entered into a Contract of Lease, herein attached as Annex C, for the rental of the abovementioned condominium unit for a period of TWO (2) YEARS from March 1, 2013 to March 1, 2015 inclusive, with a provision on CIVIL CASE No. 2013-02 For: Ejectment (Unlawful Detainer)

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pre-termination in case of default or breach of terms of the contract provided under Section 5 of the Contract. 5. That the Plaintiff leased unto the Defendant the aforesaid condominium unit for a consideration of Ten Thousand Pesos (P10,000.00) per month as rental to be paid within the first ten (10) days of each month starting March 1, 2013; 6. That the Defendant breached the terms of the Contract of Lease, particularly Section 5 of the Contract, which provides 5. DEFAULT PAYMENT: In case of default by the LESSEE in the payment of the rent, such as but not limited to when the checks are dishonored, the LESSOR at its option may terminate this contract and eject the LESSEE The LESSOR has the right to demand the LESSEE to vacate premises when the LESSEE is in default of payment for Three (3) months and may forfeit whatever rental deposit or advances have been given by the LESSEE.. 7. That the Defendant failed to pay the agreed rental for a period of more than three months, starting July 2013 up to the present, contrary to the terms of the contract as reflected in the quoted provision above, despite repeated demands; 8. That in response to Plaintiffs initial oral demands, Defendant promised to pay on September 30, 2013 but the same was never complied with; 9. That the Defendant remains in unlawful possession of the condominium unit, subject of the contract, despite breach of said contract to the prejudice of the rights of Plaintiff and the deprivation of the use and enjoyment of her property; 10. That by virtue of the Defendants breach of the Contract and noncompliance with the Plaintiffs demands, the Plaintiff on October 20, 2013, sent a formal letter of demand to pay and vacate the condominium unit, attached herein as Annex D, which was personally received by the Defendant on the same date;

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11.That despite said letter of demand, which was again followed by an oral demand on October 31, 2013, the Defendant failed and still refused to pay the agreed amount of rentals and to vacate the condominium unit; 12.That on November 3, 2013, the Plaintiff reported Defendants refusal to pay and vacate the condominium unit to the Office of the Lupong Tagapamayapa at Barangay Pio Del Pilar, Makati City, as an attempt to amicably settle the issue; 13.That several meetings were scheduled on November 5, November 20 and December 5, 2013 at the Office of the Lupong Tagapamayapa, but the Defendant failed to appear therein despite due notice as herein certified by the Lupon; 14.That by reason of Defendants non-appearance at the scheduled meetings, the Office of the Lupong Tagapamayapa issued a Certificate to File Action, attached herein as Annex E; 15.Thus, the Plaintiff was compelled to file this complaint engaging the services of counsel in the amount of Ten Thousand Pesos (P10,000.00). PRAYER WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court that, after hearing, judgment be rendered ordering the Defendant: 1. To vacate the subject premises; 2. To pay the unpaid rentals of Ten Thousand Pesos (P10,000.00) per month from July 2013 up to the present (January 2014), or a total of Seventy-Thousand Pesos (P70,000.00); 3. To pay the amount of Ten Thousand Pesos (P10,000.00) per month as compensation for the reasonable use of the subject premises until the Defendant finally vacates the said premises; and, 4. To pay the Plaintiff the costs of the suit.
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Plaintiff likewise prays for such other reliefs and remedies as may be deemed just and equitable under the premises. January 20, 2014. Makati City.

PEARSON HARDMAN LAW FIRM 20th Floor, Pacific Star Building Sen. Gil Puyat Ave., cor. Makati Ave. Makati City By: Atty. Aleander Fueconcillo - Evangelista Attorneys Roll No. 963258 IBP No. 717341/07-18-11 / Makati City PTR No. 5681790 / 02-12-11 / Makati City MCLE No. 854265 / 12-15-13

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VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, EMMA E. TAYLO, of legal age, after having been duly sworn in accordance with law, depose and state that: 1. I am the Plaintiff in the above-stated case; 2. I caused the preparation of the foregoing complaint; 3. I have read the contents thereof 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; 4. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 6. 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. EMMA E. TAYLO Affiant SUBSCRIBED AND SWORN to before me this 18th of January 2014, at the City of Makati, affiant exhibiting to me her Passport with No. EB2171802 issued on 31st March 2013 at the City of Pasay. ATTY. NOTARIO PUBLICO Notary Public Valid until 31 December 2015 Roll of Attorney No. 56789 IBP No. 543216/07-18-08 / Makati City PTR No. 5678910 / 11-12-08 / Makati City MCLE No. 765483 / 06-15-13

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