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JOINT-AFFIDAVIT

WE, ___________________ (“for brevity) and


___________________________ (“for brevity, both of legal age, Filipinos, and
residents of __________________, Philippines respectfully depose and state
that:

1. We are the true, lawful and absolute owners of a certain parcel


of land (Lot _________) at
______________________________________________________, covered by
Transfer Certificate of Title No. ___________________________of the Registry
of Deeds for the Province of Cavite. A copy of Transfer Certificate of Title
No. _________ is hereto attached as Annex “B”.

2. On ___________________________, ___________________________
had entered into a Contract of Lease with__________________ over a
portion of the aforesaid lot for a period of twenty five (25) years at a
monthly rental of THIRTEEN THOUSAND PESOS (Php13,000.00) for the
first ten (10) years; EIGHTEEN THOUSAND PESOS (Php18,000.00) for
the eleventh (11th) to the fifteenth (15th) year; TWENTY THREE
THOUSAND PESOS (Php23,000.00) for the sixteenth (16th) to the
twentieth (20th) year; and TWENTY EIGHT THOUSAND PESOS
(Php28,000.00) for the twenty-first (21st) to the twenty-fifth (25th) year A
copy of the above mentioned Lease Contract is hereto made as an
integral part hereof and marked as Annex “C”.

3. Among the other stipulations agreed upon by _________and


_________ in their lease contract are as follows:

“12. TERMINATION OF LEASE – That if the


LESSEE fails to pay the rent to the LESSOR within
six (6) months consecutively this contract will no
longer be in effect. The LESSEE shall voluntarily
leave the premises and the LESSOR has the right
to confiscate any improvements made by the
LESSEE, xxx xxx”.

4. Unfortunately, __________________ defaulted in paying the


accruing monthly rental starting September 2015, and despite the grace
period to update his rental payments and to pay all the monthly rentals
due, __________________ failed and continuously had not done so.

5. After several verbal demands by the plaintiffs for the _________


to pay the monthly rent and vacate the premises, _________ failed and
refused and still fail and refuse to pay and vacate the premises.

6. Hence, on _________, we requested our lawyer to send a


Demand to Pay and Vacate through a letter upon _________ via private
courier and registered mail. A copy of the same demand letter to
_________by registered mail was received by _________/or his
representative on _________. Photocopies of the Demand Letter dated
_________, LBC Express Official Receipt No. _________ dated _________,
Registry Receipt No. _________dated _________and the registry return
card, are hereto made as integral parts hereof and marked as Annexes
“D”, “E”, “F” and “G”, respectively.

7. Afterwards, _________ promised to settle the rental arrearages


which, as of that date, already amounted to SIXTY FIVE THOUSAND
PESOS (Php 65,000.00) covering the period of September 2015 to
February 2016.

8. Initially, plaintiffs relied on _________’s promise. However, more


than a year has passed since February 2016 but Beratio still has not
paid a single centavo for the rent while reaping the fruits of his sublease
(_________actually erected an apartment for lease) from the rented
property in question.

9. Thus, on _________, thru our attorney-in-fact, we referred the


matter to Barangay __________________ for possible amicable settlement
of dispute and conciliation proceedings. After three (3) appearances
before the Tanggapan ng Lupong Tagapamayapa on _________, 2017, and
_________2017, the parties failed to come into agreement and settle the
dispute amicably. Hence, a “Katibayan na Makapaghain ng Sakdal” was
issued by said barangay to us thru our attorney-in-fact. A copy each of
the entries pertaining to the referral to the barangay and the three (3)
appearances, as well as the “Katibayan na Makapaghain ng Sakdal” is
hereto attached as Annexes “H”, “I”, “J”, “K” and “L”, respectively.

10. Lastly, giving _________ one more chance to comply with his
obligation under the lease agreement, thru our lawyer, we issued a Final
Demand to Pay and Vacate, dated _________, upon _________ which was
served via private courier, registered mail, and personal service. However,
during the days said copies of the demand letter were served, herein
_________and/or his staff (_________)refused to receive the same. A copy
each of the Demand Letter dated _________, LBC Express Official Receipt
No. _________ dated _________, Registry Receipt No. _________dated
_________, the returned parcel from LBC Express, the returned enveloped
with a written statement ”Addressee Refused to received (sic)” from the
Philippine Postal Corporation, and the Sinumpaang Salaysay of
_________dated _________, are hereto made as integral parts hereof and
marked as Annexes “M”, “N”, “O”, “P”, “Q” and “R” respectively.

11. To date, the rental arrears of Beratio is already in the total


amount of ___________________________THOUSAND PESOS (Php
_________), covering the periods ___________________________2019.

12. Despite the fact that the _________is not anymore entitled to
the occupation and possession of the subject land by virtue of the non-
payment of rentals and the demand to pay and vacate the property,
_________refused and continuously fails to restore plaintiffs to the
possession of the subject land;

13. The continuous possession by the _________ and his refusal to


restore plaintiffs to the possession of the land has become illegal and
unlawful, and plaintiffs are now entitled to the immediate possession of
the same;
14. As _________ is adamant in his refusal to vacate the subject
property, and to enforce their rights and interest, we were constrained to
institute this suit and engage the services of counsel for which we have
to incur attorney’s fees of _________ THOUSAND PESOS (_________) plus
_________ THOUSAND PESOS (_________) appearance fee per hearing;

15. We have executed this affidavit to attest to the truth of the


foregoing and for all legal intents and purposes.

IN WITNESS WHEREOF, we have hereunto affixed our signature


this ___________________ at ____________________.

Affiant Affiant

SUBSCRIBED AND SWORN to before me this


_____________________ at ____________________, affiants exhibiting to me
his _____________________ issued at ____________________ on
_____________________.

Doc. No. ______;


Page No. ______;
Book No. ______;
Series of 2019.

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