Republic of the Philippines MUNICIPAL TRIAL COURT IN CITIES First Judicial Region First Branch Baguio City __ERLINDA

LI__________ _____________________ Plaintiff Small Claims Case No. -versusFor: BAGUIO ENGLISH COMMUNICATION SUM___ INSTITUTE_____________________ MONEY____________ ______________________________ Defendant X-----------------------------------------------X COLLECTION OF OF _323_

ANSWER TO DEFENDANTS RESPONSE

Plaintiff states:
1.) That Defendant owes Plaintiff the amount of NINETY SIX THOUSAND

PESOS (P96,000.00) excluding interest, penalties, court costs or fees for services not THIRTY SIX THOUSAND PESOS (P36,000.00) as claimed by the Defendant in her RESPONSE. 2.) That the above amount owed by the Defendant is computed as follows: Rental from July 2008 to May 2009 (at P12,000.00 per month x 11 months) P132,000.00 Less: Payments made 36,000.00 Amount Due P 96,000.00 3.) That the above computation is based on the Contract of Lease (Original Copy attached) specifically: a.) (Section 2) RENTALS: The LESSEE binds himself/herself to pay the LESSOR a monthly rental of Twelve Thousand Pesos (P12,000.00) Philippine currency payable in advance within the first five days of the month starting July, 2008 without necessity of demand for the entire duration of the lease. b.) (Section 3) LEASE PERIODS: The Lease is for a period of 12 months starting July 2008 to June 2009. . . . c.) (Section 11) ABANDONMENT OF PREMISES: . . . The LESSEEs rent fixed herein shall continue to accrue to the LESSOR until the expiration of this lease, or until the premises have been relet whichever comes first. 4.) That the claim of Defendant that she vacated the leased premises does not in anyway affect the amount owed to the LESSOR for the following reasons: a.) Non compliance to PARAGRAPH 3, SECTION 3 (LEASE PERIODS) of the Contract of Lease which states: The original period of lease herein agreed upon maybe terminated by the LESSEE at any time upon giving 30 days in writing to the LESSOR. . . . There was no written notice served by the LESSEE and duly acknowledged by the LESSOR that the former would vacate the leased premises effective December 2008.

b.) Non compliance to SECTION 6 (REPAIRS) of the Contract of Lease and to the letter of the LESSOR dated January 1, 2009 (Attachment A) within a reasonable period of time thereby depriving the LESSOR to rent out the leased premises to other parties c.) (Section 11) ABANDONMENT OF PREMISES: . . . The LESSEEs rent fixed herein shall continue to accrue to the LESSOR until the expiration of this lease, or until the premises have been relet whichever comes first. 5.) Granting that the AFFIDAVIT executed by Ms. MAE LYNNE GALLAMOY is an acceptable evidence, ITEM 7 of the said AFFIDAVIT is unsubstantiated. Assuming that ITEM 7 is true and correct, Ms. Estacio in her letter-reply of August 12, 2009 (ATTACHMENT B) should have included a statement that repairs have been completed and that LESSORs representative refused to accept the keys to the leased premises. 6.) That the leased premises is not completely repaired up to January 2010 as shown in the letter (ATTACHMENT C) of Col. Dario, administrator of the leased premises. IN VIEW OF THE FOREGOING, LESSOR respectfully prayer for judgment ordering the defendant To pay the amount of ONE HUNDRED THIRTY ONE THOUSAND THREE HUNDRED THIRTEEN PESOS (P131,313.00) excluding court costs and fees for services, broken down as follows: P 96,000.00 b.) Penalties per SECTION 12 of the Contract of Lease (25% of P96,000.00) P24,000.00 c.) Interest on overdue rentals per SECTION 12 of the contract of Lease (2% per month) October 2008 (P12,000.00 x 0.02 x 8) P 1,920.00 November 2008 (P12,000.00 x 0.02 x 7) P 1,680.00 December 2008 (P12,000.00 x 0.02 x 6) P 1,440.00 January 2009 (P12,000.00 x 0.02 x 5) P 1,200.00 February 2009 (P12,000.00 x 0.02 x 4) P 960.00 March 2009 (P12,000.00 x 0.02 x 3) P 720.00 April 2009 (P12,000.00 x 0.02 x 2) P 480.00 May 2009 (P12,000.00 x 0.02 x 1) P 240.00 d.) Repair works, etc paid to Col. Dario P 2,673.00 P 35,313.00 TOTAL P131,313.00 SO ANSWERED AND PRAYED.
a.) Principal amount

ERLINDA LI Plaintiff By: ______________________ FELICIANO P. REYES, JR. Representative

Cc:

BAGUIO ENGLISH COMMUNICATION INSTITUTE (by: Ms. Emily Estacio) Defendant