Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 148, Quezon City

! ! FLORENCE RENEE BACAY Plaintiff, ! !

- versus JEANNE ESPOLONG and JOHN ROBERT SAM JUAN Defendants

CIVIL CASE NO. For : FULFILLMENT AND DAMAGES

! x ------------------------------------------------------------ x ! ! ! COMPLAINT ! !
Quezon City, respectfully allege that :

I, FLORENCE RENEE BACAY, of legal age and resident of 20 Ricardo Street Carmel 1 Subdivision,

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1. The plaintiff herein has leased her property which is located in Congressional Avenue, Quezon City to defendants, JEANNE ESPOLONG, (to be supplied) AND JOHN ROBERT SAM JUAN, of legal age and resident 8 Eisenhower Street, San Juan, Greenhills, Metro Manila.

2. The two parties entered into a Memorandum of Agreement which imposed that the latter shall pay THREE HUNDRED FIFTY THOUSAND PESOS (Php 350,000.00) lease monthly.

3. The agreement includes the condition that the failure to pay the lease shall give the right and authority to the plaintiff herein to evict the defendants from the property and that the agreement shall be rendered null and void. In case of such event, the plaintiff shall be given an option whether to continue with the agreement or to terminate such. Moreover, in both cases, the party at fault shall pay liquidated damages amounting to TWENTY PERCENT (20%) of the unpaid lease and other consequential damages such as moral and nominal damages, and attorney's fees'

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4. The defendants has consecutively failed to pay the lease from August 2013 to October 2013. Consequently, on November 3, 2013, the plaintiff posted notice of non-payment on the front door of the property.

5. Moreover, such notification served as a warning for the plaintiff to vacate the property on the grounds that the failure to pay the lease for three months was in contravention of the tenor of their obligation to pay monthly.

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6. The defendants were not immediately forced to vacate the property after the notification. In fact, an extension is given for them to have enough time to vacate the property, although the delay in the payment constitutes a breach of contract. Hence, this complaint.

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PRAYER

WHEREFORE, it most respectfully prayed that after proper proceedings, judgment be rendered in favor of the plaintiff and against defendants wherein the fulfillment of the obligation shall be demanded. The liquidated damages of TWENTY PERCENT (20%) of the unpaid monthly dues worth ONE MILLION FIFTY THOUSAND PESOS (Php 1,050,000.00), attorney's fees and the cost of the suit and litigation, and other reliefs that the Court shall deem to be just and equitable considering such circumstances shall be ordered.

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Quezon City, January 3, 2014

FLORENCE RENEE BACAY Plaintiff 20 Ricardo St. Carmel 1 Subdivision, Quezon City