Republic of the Philippines

MUNICIPAL TRIAL COURT

Iloilo City

ARYA STARK

Plaintiff,

-versus- Civil Case No. 55121

For: Unlawful Detainer

SANSA STARK

Respondent,

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

COMPLAINT

PLAINTIFF, by counsel, and unto this Honorable Court, most respectfully

allege:THAT

1. I Arya Stark, Plaintiff is of legal age, Filipino, with residence and postal address
at 777 Heaven St., Iloilo, City where she may be served notices and other court
processes;

2. Jon Snow, Respondent is of legal age, Filipino, with residence and postal
address at 64 VC Apartments P. Burgos St., Iloilo
3. Plaintiff is the absolute owner and lessor of that certain apartment situated in
Iloilo City and now leased ad occupied by the respondent;

4. Pursuant to the lease contract (Exhibit A) executed by the plaintiff and the
respondent dated January 31, 2018, the respondent is obliged to pay a monthly
rental payment of P10,000.00 to the plaintiff;

5. A stipulation in the said lease contract provides that in case of default by the
lessee of the payment of the rent such as when the checks are dishonored, the
plaintiff at its option may terminate this contract and eject the lessee;

6. On March 28, 2018, the plaintiff tried to encash BPI Check No. 25613
corresponding to the rental payment for the month of March but the same was
dishonored due to insufficiency of funds;

7. On the same day, plaintiff informed the respondent that the latter’s check was
dishonored and demanded that formed be paid in cash instead but the respondent
failed to do so;

8. On April 28, 2018, the plaintiff tried to encash BPI Check No. 25614
corresponding to the rental payment for the month of April but the same was also
dishonored due to insufficiency of funds;

9. On the same day, plaintiff again went to the respondent and demanded for the
payment of the two dishonored checks and for respondent to vacate the premises
but respondent failed to tender payment and refused to vacate the premises;

10. On May 15, 2018, plaintiff, with assistance of a counsel, sent a formal demand
letter (Exhibit B) to the respondent giving him ten days to make his rental payment
and vacate the premises
11. On May 25, 2018, at the expiration of the ten-day grace period given by the
plaintiff, the respondent still has not made his payment and consistently refused to
vacate the apartments;

12. Until now, respondent still refuse to vacate and restore possession and pay his
rentals.

13. Thus, respondent is unlawfully withholding possession of the subject

apartment from the plaintiff despite last and final demand, to the damage and
prejudice of the plaintiff;

14. Before filing this complaint, the dispute has been referred to the Lupong
Tagapamayapa of Iloilo City but the respondent failed to appear, hence, no
amicable settlement was made (Exhibit C).

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court that after due notice and hearing, judgment be rendered in favor
of Plaintiff:

1. For the restitution of the abovementioned apartment;

2. For the payment of TWENTY THOUSAND PESOS (P20,000.00), Philippine

currency, representing the arrears of rent now overdue;

3. To pay the cost of the suit

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

Iloilo City, Philippines, January 1,2019.

 ATTY. CINDY D. DELFIN

Counsel for Plaintiff

Game of Thrones Law Firm

154 Javellana St., Jaro, Iloilo City

PTR No. 1821996, Iloilo City, 1/2/18

IBP OR No. 688818, Iloilo City, 1/2/18

Attorney’s Roll No. 18296

MCLE Compliance Certificate No.

IV-002181996 Iloilo City,1/2/18

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

Republic of the Philippines

(City of Iloilo ) S.S.

I, ARYA STARK, of legal age, after having been duly sworn in accordance with law,
depose and state that:

1. I am a 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.

Iloilo City, Philippines, January 1, 2019

ARYA STARK

SUBSCRIBED AND SWORN to before me this 31st day of March 2016 at Cavite
City, Philippines affiant exhibiting to me her Passport No. 58158450 issued in DFA
Manila 2014.

Doc. No.___________; Cersei Lannister

Page No.___________; NOTARY PUBLIC for Cavite

Book No.__________; Commission Serial No.______

Series of 2016. Until December 31, 2016

Roll of Attorney_______

IBP No.________

PTR No._______
 LEASE CONTRACT

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT OF LEASE is made and executed at the City of Iloilo this 1st
day of January, 2017, by and between:

ARYA STARK, of legal age, Filipino citizen and resideng at 777 Heaven St.,
Iloilo, City, hereinafter referred to as the LESSOR.

-AND-

JON SNOW, of legal age, Filipino citizen, single and currently residing at at 64
VC Apartments P. Burgos St., Iloilo, hereinafter referred to as as LESSEE.

WITNESSETH; That

WHEREAS, the LESSOR is the owner of THE LEASED PREMISES, an

apartment complex composed of five (5) units situated at 64 VC Apartments P.
Burgos St., Iloilo
 WHEREAS, the LESSOR agrees to lease out the said parcel of land to the
LESSEE and the LESSEE is willing to lease the same;

NOW THEREFORE, for and in consideration of the foregoing premises,

the LESSOR leases unto the LESSEE and the LESSEE hereby accepts from the
LESSOR the LEASED premised, subject to the following:

TERMS AND CONDITIONS

1. PURPOSES: That the premises hereby leased shall be used exclusively

by the LESSEE for commercial purposes only and shall not be diverted to other
purposes, the LESSOR shall have the right to rescind this contract without
prejudice to its other rights under the law.

2. TERM: This term of lease is for eleven (12) months from January 1,
2018 to January 1, 2019 inclusive. Upon its expiration, this lease may be
renewed under such terms and conditions as may be mutually agreed upon by
both parties, written notice of intention to renew the lease shall be served to
the LESSOR not later that seven (7) days prior to the expiry date of the period
herein agreed upon.

3. RENTAL RATE: The monthly rental rate for the leased premises shall
be in PESOS: TEN THOUSAND PESOS (P 10,000.00), Philippine Currency. All
rental payments shall be payable to the LESSOR.

4. DEPOSIT: That the LESSEE shall deposit to the LESSOR upon signing
of this contract and prior to occupation an amount equivalent to the rent for
TWO (2) MONTHS of the sum of PESOS: TWENTY THOUSAND PESOS (P
20,000.00), Philippine Currency, to answer partially for damages and any other
obligations, for utilities such as Water, Electricity, CATV, Telephone,
Association Dues or resulting from violation(s) of any of the provision of this
contract.
 5. DEFAULT PAYMENT: In case of default by the LESSEE in the payment
of the rent, such as when the checks are dishonored, the LESSOR at its option may
terminate this contract and eject the LESSEE. The LESSOR has the right to padlock
the premises when the LESSEE is in default of payment for TWO (2) months and
may forfeit whatever rental deposit or advances have been given by the LESSEE.

6. SUB-LEASE: The LESSEE shall not directly or indirectly sublet, allow or

permit the leased premises to be occupied in whole or in part by any
person, form or corporation, neither shall the LESSEE assign its rights hereunder to
any other person or entity and no right of interest thereto or therein shall be
conferred on or vested in anyone by the LESSEE without the LESSOR'S written
approval.

7. PUBLIC UTILITIES: The LESSEE shall pay for its telephone, electric,
cable TV, water, Internet, association dues and other public services and utilities
during the duration of the lease.

8. FORCE MAJEURE: If whole or any part of the leased premises shall

be destroyed or damaged by fire, flood, lightning, typhoon, earthquake, storm, riot
or any other unforeseen disabling cause of acts of God, as to render the leased
premises during the term substantially unfit for use and occupation of the LESSEE,
then this lease contract may be terminated without compensation by the LESSOR
or by the LESSEE by notice in writing to the other.

9. LESSOR'S RIGHT OF ENTRY: The LESSOR or its authorized agent

shall after giving due notice to the LESSEE shall have the right to enter the premises
in the presence of the LESSEE or its representative at any reasonable hour to
examine the same or make repairs therein or for the operation and maintenance of
the building or to exhibit the leased premises to prospective LESSEE, or for any
other lawful purposes which it may deem necessary.

10. EXPIRATION OF LEASE: At the expiration of the term of this lease

or cancellation thereof, as herein provided, the LESSEE will promptly deliver to the
LESSOR the leased premises with all corresponding keys and in as good and
tenable condition as the same is now, ordinary wear and tear expected devoid of all
occupants, movable furniture, articles and effects of any kind. Non-compliance with
the terms of this clause by the LESSEE will give the LESSOR the right, at the latter's
option, to refuse to accept the delivery of the premises and compel the LESSEE to
pay rent therefrom at the same rate plus Twenty Five (25) % thereof as penalty
until the LESSEE shall have complied with the terms hereof. The same penalty
shall be imposed in case the LESSEE fails to leave the premises after the expiration
of this Contract of Lease or termination for any reason whatsoever.

11. JUDICIAL RELIEF: Should any one of the parties herein be

compelled to seek judicial relief against the other, the losing party shall pay an
amount of One Hundred (100) % of the amount clamed in the complaint as
attorney's fees which shall in no case be less than P50,000.00 pesos in addition to
other cost and damages which the said party may be entitled to under the law.

12. This CONTRACT OF LEASE shall be valid and binding between the
parties, their successors-in-interest and assigns.

IN WITNESS WHEREOF, parties herein affixed their signatures on the

date and place above written.

ARYA STARK JON SNOW

LESSOR LESSEE

Signed in the presence of:

KATHERINE A. QUISUMBING LUISA PETRONIA M. ABELLA

ACKNOWLEDGEMENT

Republic of the Philippines)

Iloilo City) S.S

BEFORE ME, personally appeared:

 ARYA STARK, presenting to me her Passport issued by the Department of
Foreign Affairs, Iloilo City, Philippines with PASSPORT ID NO. EH4944441, issued
on October 14, 2016 and JON SNOW presenting to me his Community Tax
Certificate with CTC No. CC120160-112216, issued on November 22, 2016 in
Tacloban City, Philippines.

Known to me and to me known to be the same persons who executed the

foregoing instrument and acknowledged to me that the same is their free and
voluntary act and deed.

This instrument consisting of three (3) pages, including the page on which
this acknowledgement is written, has been signed on each and every page thereof
by the concerned parties and their witnesses, and sealed with my notarial seal.

WITNESS MY HAND AND SEAL, on the date and place first above written.

ATTY. HARVEY
SPECTER

Notary Public

PTR No. 1234567, Iloilo

City, 1/2/18

IBP No. 67890, Iloilo, City,

1/2/18

Attorney’s Roll No. 11122

MCLE Compliance
Certificate No. IV-0025415,

Iloilo City 1/2/18

Doc. No.:250;
Page No.: 50
Book No.:IV;