Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch __
Mandaluyong City

JUAN DE LA CRUZ,
Plaintiff, For: Specific Performance,
Collection of a Sum of Money and
Damages
-versus-

JUANITA DE LOS SANTOS,

Defendant.
x ----------------------------------------x

COMPLAINT
Plaintiff, by counsel, and for causes of action, respectfully states:

THE PARTIES

1. Plaintiff is of legal age, Filipino and a resident of Unit 31-B, 31st Floor, Tower
2, Sheridan Residences, Sheridan, Mandaluyong, Philippines.

2. Defendant is likewise of legal age, Filipino, a resident of Unit 32-A, 32nd Floor,
Tower 2, Sheridan Residences, Sheridan, Mandaluyong, Philippines where she
may be served with summons and other court processes.

FIRST CAUSE OF ACTION

3. Sometime in April 2017, plaintiff and defendant entered into a Lease

Agreement for one year for the lease of defendant’s condominium unit
particularly Unit 31-B, 31st Floor of Tower 2, Sheridan Residences,
Mandaluyong.

3.01 A copy of the Lease Contract is attached and made an integral

part as Annex “A”.

4. Plaintiff has paid monthly rentals through postdated checks.

5. Plaintiff needed to lease such unit considering that the construction of his
house was on going and was to be finished by March 2018.
6. However, on March 25, 2018, an electrical problem occurred in plaintiff’s new
house totally burning the same.

7. Since plaintiff had no place to stay, he asked defendant to extend the lease of
the said unit for another year.

8. Plaintiff likewise delivered to defendant twelve (12) post dated checks

amounting to P15,000.00 each for the renewal of the lease contract until April
2019.

9. Defendant received the mentioned checks without any complaint.

10. However, defendant suddenly refused to extend the lease claiming that
plaintiff had not been paying consistently and that plaintiff still owed
defendant debts in monthly rental payments.

11. Plaintiff has paid all his monthly rentals, as, in fact, upon verification from
plaintiff’s bank statement, defendant already encashed the checks he has
issued in defendant’s favor.

12. Moreover, in paragraph 7.1 (a) of the Lease Contract, the same may be
renewed as long as the defendant has no immediate need to reside in the
unit.

13. There has been no showing that defendant needed the premises to reside
therein as to refuse to renew the lease of the unit.

14. The renewed lease of the premises has been consummated when plaintiff
made an offer to extend leasing the unit and defendant effectively accepted
the same when she received without any complaint the twelve (12) checks
representing the monthly rental payments for the lease of the premises until
April 2019.

15. Therefore, defendant has no legal and justifiable right to refuse to extend the
Lease Contract.

16. Besides, the reasons relied upon by the defendant, specifically the alleged
non-payment of rentals has no basis in fact considering that the plaintiff has
been consistently paying the same and defendant has already encashed the
check payments previously issued to cover all the months of plaintiff’s lease.
 SECOND CAUSE OF ACTION

17. Sometime in January 2018, defendant borrowed P30,000.00 which she

promised to return on or before April 15, 2018,

18. In February 2018, defendant also borrowed a gold necklace worth P10,000.00
which she promised to return by the end of the month.

19. In March 2018, defendant borrowed plaintiff’s running shoes worth P5,000.00
to be returned by April 1, 2018.

20. However, when the due dates for the return of the said items came,
defendant did not return them.

21. Plaintiff demanded for the return of the said items but defendant refused and
continues to refuse to return the same.

THIRD CAUSE OF ACTION

22. Due to defendant’s acts, plaintiff could not eat and sleep thinking of where to
stay thereby causing mental stress and anxiety and despair for which plaintiff
seeks to be compensated the amount of P500,000.00 as Moral Damages.

23. In view of the unjustifiable refusal of the defendant to honor the

consummated extended lease contract, plaintiff was compelled to litigate and
incur expenses amounting to P25,000.00 as filing fees and was forced to
engage the services of a counsel to protect his rights and interests for an
agreed Attorney’s Fees of P100,000.00 plus P5,000.00 Appearance Fee for
every hearing attended by counsel.

WHEREFORE, plaintiff, by counsel, respectfully prays that this

Honorable Court render judgment in favor of the plaintiff and against the
herein defendant –

a.) DIRECTING the defendant to honor the consummated

extended Lease Contract and allow plaintiff to use and
lease the premises uninterrupted until April 2019;

b.) ORDERING defendant to return the following, to wit:

i.) P30,000.00 representing the amount

borrowed by her in January 2018;
 ii.) Gold necklace or its cash equivalent of
P10,000.00;

iii.) Running shoes or its value of P5,000.00

c.) ORDERING defendant to pay the plaintiff -

i.) P500,000.00 as and by way of Moral

Damages;

ii.) P100,000.00 as and by way of Attorney’s

Fees plus P5,000.00 Appearance Fee per
hearing attended by counsel

Other reliefs just and equitable are likewise prayed for.

Mandaluyong City.
June 13, 2018.

ATTY. JAKE MENDOZA

MCLE Compliance No. V –0023456
Issued on 10-10-2016
IBP LIFETIME NO. 000123
issued on Dec. 31, 1996
PTR NO. 2213579
Issued on 13-06-18
Roll No. 80374