Regional Trial Court

National Capital Judicial Region

REGIONAL TRIAL COURT
MANILA CITY, Branch 88
SPS. BILLY OCEANAIRE and BAMBAM OCEANAIRE
duly represented by COOLLECTURE as their
ATTORNEY-IN-FACT
Plaintiffs,
Civil Case No. 1001
- versus For: Ejectment
HANSELL and FRETZELL,
Defendants.
x ---------------------------------- x

COMPLAINT
PLAINTIFFs, by counsel, respectfully state that:
1. Plaintiffs are Filipino, of legal age, with residence address
at Paco, Manila, and are duly represented by COOLLECTURE as
their Attorney-in-Fact evidenced in ANNEX A; Defendants are
Filipino, of legal age, single and currently resident of 2210 Pedro
Gil St., Sta. Ana, Manila, where he may be served with summons
and other pertinent processes.
2. Plaintiffs owns that property located at 2210 Pedro Gil St.
Sta Ana, Manila, evidenced by ANNEX B, and the value of the
property exceeds fifty thousand pesos (P50,000) as evidenced by
ANNEX C-1 C-2; which they leased to defendants, commencing on
January 1, 2009, verbally without any written terms wherein the
rental payment was received monthly, as evidenced by ANNEX D;
the only terms and conditions stated in the Contract of Lease dated
1 January 1984, which contract originally expires on 31 December
1988, and not renewed after December 31, 2008, was between
Plaintiffs and Muchamacho. A copy of the contract is attached as
ANNEX E.
3. On December 31, 2011, Plaintiffs informed defendant of its
intention to terminate the lease and gave them reasonable time to
vacate the premise, originally, one year and was later extended upto
two years, December 31, 2013, by virtue of the kind consideration
Page 1 of 22

of the plaintiffs as evidenced by ANNEX F, as it would use the

property for their personal use;

4. On January 1, 2014, Plaintiffs then asked defendants to

vacate the premises and refused to accept any rental payment. The
demand to vacate and refusal to accept payments continued weekly
either verbal or written. The last demand was made on December 1,
2014. Copies of plaintiffs' demand letters to defendants is attached
as ANNEX G.
4. Despite demand duly made and received, defendants have
refused to vacate the premises and continues to occupy the
property without plaintiffs consent. Resort to the Barangay
conciliation system proved useless as defendant refused to appear
before the Lupong Tagapamayapa. A Certification to File Action is
attached as ANNEX H.
5. Defendants' act of dispossession has caused plaintiffs to
suffer material injury because plaintiffs plans could not be
implemented despite the termination of the lease and demand to
vacate and refusal to accept rental payments. Defendants'
continued occupation of the premises has also forced plaintiffs to
sue and to incur legal expenses amounting to One Hundred Fifty
Thousand Pesos (P150,000.00).
WHEREFORE, plaintiffs respectfully prays for judgment in its
favor by ordering defendants to vacate the property and peacefully
turn over possession to plaintiffs and for defendant to pay plaintiffs
the amount of 250,000 representing rentals for twelve (12) months
and One Hundred Fifty Thousand Pesos (P150,000.00) for
Attorneys fees.
Other just and equitable reliefs are also prayed for.
Manila City; 20 DECEMBER 2015.

(Sgd.) MILLER ENG-AN SY CHUA

Counsel for Plaintiffs
1363 Pedro Gil. St. Paco
Page 2 of 22

Manila, Metro Manila

Roll No. 20170001
IBP OR No. 20170002, Jan. 1, 2015, Manila
PTR OR No. 20170003, Jan. 1, 2015, Manila

VERIFICATION AND
CERTIFICATION AGAINST FORUM SHOPPING
Republic of the Philippines )
City of Manila
) s.s.
BILLY OCEANAIRE, BAMBAM OCEANAIRE, and COOLLECTURE, after
having been duly sworn in accordance with law, deposes and states that:
1. They are the plaintiff in the complaint entitled ejectment and the case
number 1001;
2. They have caused its preparation;
3. They have read it and the allegations therein are true and correct of
their personal knowledge or based on authentic records.
4. They certify that they have not commenced any action or filed any
claim involving the same issues before any other court, tribunal or quasijudicial agency;
5. To the best of their personal knowledge, there is no such pending
action or claim;
6. If they should learn that a similar action or claim has been filed or is
pending they shall report such fact within five (5) days from the discovery
to this Honorable Court.

(Sgd.) BILLY OCEANAIRE

(Sgd.) BAMBAM OCEANAIRE

(Sgd.) COOLLECTURE (AS ATTY-IN-FACT)

Page 3 of 22

SUBSCRIBED AND SWORN TO before me in the City of _______________

on this day of _________________, affiant exhibiting before me his
community tax certificate no. _______________ issued on
__________________ at _____________________.

(Sgd.) N. O. TARIO
Notary Public
Until __________________
PTR No. _______________
Issued at ______________
On ___________________

Doc. No.
Page No.
Book No.
Series of 2015.
Copy furnished through registered mail:
HANSELL AND FRETZELL
Defendants
2210 Pedro Gil St. Sta Ana, Manila
Registry Receipt No. ________
Post Office ________________
Date _____________________

EXPLANATION
The foregoing COMPLAINT FOR EJECTMENT and its attachment were
served on HANSELL and FRETZELL by registered mail instead of
personal service as counsel for PLAINTIFFs only has one messenger and
personal service would have resulted in the complaint not being filed on
time to the detriment of the plaintiffs
(Sgd.) ATTY. MILLER ENG-AN S. CHUA

AFFIDAVIT
Republic of the Philippines )
City of Manila
) s.s.
I, TAGA-PADALA, a messenger of Atty. Miller Eng-an S. Chua, with office
address at 1363 Pedro Gil St. Paco, Manila, after being duly sworn,
deposes and states:
That on December 1, 2015, I served a copy of the following Complaint
and its attachments by registered mail in accordance with Section 10,
Rule 13 of the Rules of Court:
Nature of Pleading/Paper
Page 4 of 22

COMPLAINT FOR EJECTMENT WITH ANNEXES

in Case No. 1001 entitled EJECTMENT by depositing a copy in the post
office in a sealed envelope, plainly addressed to Hansell and Fretzell at
2210 Pedro Gil St Sta Ana Manila with postage fully paid, as evidenced
by Registry Receipt No. _____________________ attached and with
instructions to the post master to return the mail to sender after ten (10)
days if undelivered.
TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on
December 1, 2015, in the City of Manila, Philippines.
(Sgd.) TAGA-PADALA
Affiant
SUBSCRIBED AND SWORN TO before me in the City of________ on this day of
______, affiant exhibiting before me his community tax certificate no. __________
issued on __________ at _________.
(Sgd.) N. O. TARIO
Notary Public
Until __________________
PTR No. _______________
Issued at ______________
On ___________________

Doc. No.
Page No.
Book No.
Series of 2015.

ANNEX A
THE SPECIAL POWER OF ATTORNEY

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:
We, __BILLY OCEANAIRE, married to BAMBAM OCEANAIRE; all of legal
age, Filipinos, and residents of Paco Manila, do hereby NAME, CONSTITUTE and
APPOINT _COOLLECTURE__, single, of legal age, Filipino and a resident of the
Money St., Manila to be our true and lawful ATTORNEY-IN-FACT, for us and in our
name, place stead to do and perform the following acts and deeds, to wit:

1. To administer, take charge and manage our property located at at

2210 Pedro Gil St. , Barangay/District
Municipality/City of

STA. ANA

MANILA , specifically described as Transfer of

Certificate of Title No. .

2015 ;
2. To transact, sign for and execute any and all documents with regard
to the leasing agreement with any person or entity concerning and to
claim, sign for and receive rental payments thereto;

Page 5 of 22

3. To bring to suit and defend, in our name and stead, in connection

with actions brought for or against me, of whatever nature and kind,
involving said property;
4. To do and perform all other things and acts necessary in order to
render this power effective and executory.
HEREBY GIVING AND GRANTING, unto my/our said ATTORNEY-IN-FACT
full power and authority to do and perform any and every lawful acts, requisite,
necessary and proper to be done in and about the premises as fully to all intents
and purposes as I/we might or could do if personally present and acting in person,
and HEREBY RATIFYING AND CONFIRMING all that my/our said ATTORNEY-INFACT may also do or cause to be done under and by virtue of these presents.

IN WITNESS WHEREOF, we have hereunto set my/our hands this

_______________________ in _____________________________.

________________

__________________

BILLY OCEANAIRE

BAMBAM OCEANAIRE

PRINCIPAL

PRINCIPAL

________________
COOLLECTURE
ATTORNEY-IN-FACT

SIGNED IN THE PRESENCE OF:

__________________________

________________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES

CITY OF MANILA

)
) S.S.

BEFORE ME this day personally appeared

Name

__ BILLY OCEANAIRE
Principal

Identification #

Date / Place of Issue

__SSS ID # 0001_

_MANILA________

Page 6 of 22

__BAMBAM OCEANAIRE
Principal
__ COOLLECTURE
ATTY-IN-FACT

__SSS ID # 0002____

__

_MANILA________

SSS ID # 0003_____

_MANILA________

To me known and known to me to be the same persons who signed and executed the
foregoing SPECIAL POWER OF ATTORNEY and acknowledged to me that the same is
executed as his/her free and voluntary act and deed which he/she represents for the
uses and purposes herein set forth.
This instrument consisting of _two_(_2_) pages including this page where this
acknowledgement is written and signed by the above named parties and their witnesses
on every page thereof.

IN WITNESS WHEREOF, I have hereunto affixed my signature and notarial in the

______________________________, Philippines, this ____________________________.

(Sgd.) N. O. TARIO
Notary Public
Until __________________
PTR No. _______________
Issued at ______________
On ___________________
Doc. No.
Page No.
Book No.
Series of 2015.

Page 7 of 22

Page 8 of 22

Page 9 of 22

Page 10 of 22

ANNEX D
RECEIPT OF RENTAL PAYMENT
January 1, 2009
Received from Hansell and Fretzell, the amount of thirty-five thousand
pesos (P35,000), as rental payment, for the month of JANUARY 2009, of
the property located in 2210 Pedro Gil St., Sta. Ana, Manila, under TCT
No. 2015, belonging to Sps. Billy and Bambam Oceanaire.
(Sgd.) COOLLECTURE
RECEIPT OF RENTAL PAYMENT
May 1, 2010
Received from Hansell and Fretzell, the amount of thirty-five thousand
pesos (P35,000), as rental payment, for the month of May 2010, of the
property located in 2210 Pedro Gil St., Sta. Ana, Manila, under TCT No.
2015, belonging to Sps. Billy and Bambam Oceanaire.
(Sgd.) COOLLECTURE
Page 11 of 22

RECEIPT OF RENTAL PAYMENT

January 1, 2011
Received from Hansell and Fretzell, the amount of thirty-five thousand
pesos (P35,000), as rental payment, for the month of JANUARY 2011, of
the property located in 2210 Pedro Gil St., Sta. Ana, Manila, under TCT
No. 2015, belonging to Sps. Billy and Bambam Oceanaire.
(Sgd.) COOLLECTURE
RECEIPT OF RENTAL PAYMENT
December 1, 2013
Received from Hansell and Fretzell, the amount of thirty-five thousand
pesos (P35,000), as the last and final rental payment, for the month of
December 2013, of the property located in 2210 Pedro Gil St., Sta. Ana,
Manila, under TCT No. 2015, belonging to Sps. Billy and Bambam
Oceanaire.
(Sgd.) COOLLECTURE

ANNEX E
CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENT:
This Agreement made and entered into by and between:

BILLY OCEANAIRE, married to BAMBAM OCEANAIRE, both of legal age, both

Filipino and with residence and postal address at Paco, Manila, duly represented by
COOLLECTURE as Attorney-in-Fact of BILLY OCEANEAIRE, married to BAM OCEANAIRE,
by virtue of the Special Power of Attorney granted to him/her (a copy of which is reproduced
in Annex A), and hereinafter referred to as LESSOR/S
-

and

Page 12 of 22

MUCHOMACHO, single, of legal age, Filipino, with office address at Gym St.,

Manila hereinafter referred to as the LESSEE;

WITNESSETH:
WHEREAS, the LESSOR is the absolute owner and has the legal authority over a
property registered under CITY OF MANILA, located at 2210 Pedro Gil St.,
Barangay/District Sta. Ana , Municipality/City of Manila, and more particularly
described and covered by Transfer Certificate of Title No. 2015,of the Registry of Deeds
for the CITY OF MANILA, with a total land area Four Hundred Ninety Six and 60/100 square
meters (496.60 sq. m.) more or less, more particularly described in Annex B, hereinafter
referred to as REAL PROPERTY.
WHEREAS, the LESSEE desires to lease REAL PROPERTY for the purpose of
residential use.
WHEREAS, the LESSOR is willing to lease unto the LESSEE and the LESSEE is
willing to lease from the LESSOR the REAL PROPERTY under such terms and conditions
herein below set forth by the parties.
NOW, THEREFORE, for and in consideration of the foregoing REAL PROPERTY and
their mutual covenants and promises, the LESSOR hereby leases unto the LESSEE the
subject REAL PROPERTY and the LESSEE hereby agrees to accept to lease the same,
subject to the following terms and conditions:

1. LEASE TERM - The Lease Term shall be for a period of 5 years which will take
effect on 01 January 1984 and will end on 31 Dec 1988.
The lease term shall be renewable thereafter upon such terms and conditions as
may be mutually agreed upon by both parties ninety (90) days before the
expiration of this Lease Agreement. In case no mutual agreement shall be
reached upon by both parties, This Lease Agreement shall automatically
considered terminated.
2. LEASE RENTAL The agreed monthly rental payment shall be TWENTY
THOUSAND
PESOS (Php 20,000.00), Philippine Currency, VAT EXCLUSIVE
for the first two (2) years with an escalation rate of TWO percent (2%)
commencing on the third (3rd) year starting on January 1, 1986.
The LESSEE will issue to the LESSOR twelve (12) post-dated cheques, dated
on the beginning of each month, on the month before the start of each yearly
term to cover for the rental of the annual period at the OFFICE of the LESSOR
without the necessary demand. Postdated and uncleared checks shall not be
considered as payment until after honored by the bank. Any bounced check or
unpaid rental shall bear a monthly interest of two (2%) percent per month
compounded monthly until fully paid, and shall not preclude LESSOR from
terminating the contract and ejecting the LESSEE as herein set forth.
3. SECURITY DEPOSIT Upon signing of this Lease Agreement, the LESSEE
hereby agrees to remit a security deposit for the sum Pesos: One hundred
thousand pesos (Php 100,000.00) as guarantee for the faithful compliance of
the LESSEE to this agreement.
Said deposit shall be returned to the LESSEE Sixty (60) days after the
expiration of the term or from the time the REAL PROPERTY is completely

Page 13 of 22

vacated. Said deposit shall not bear interest during the entire life of Lease
Agreement.
Said deposit shall not be applied as payment of monthly rental and the same
is subject to forfeiture in favor of the LESSOR in cases of pre-termination or
cancellation of this Lease Agreement arising from non-compliance or violation of
any of the covenants, conditions, stipulations, provisions agreements, or
restrictions under this contract.
4. USE OF THE REAL PROPERTY The REAL PROPERTY shall be used by the
LESSEE for residential purposes only.
Should any part of the REAL PROPERTY be expropriated so that, in the
opinion of the LESSEE, the remaining part becomes unsuitable for the purpose
for carrying on the business being then conducted thereof, then this Lease
Agreement may at the option of LESSEE be terminated by the LESSEE as if the
period of the lease had expired and neither party shall have any claim
whatsoever against the other by reason of such termination, except however as
may be provided in Section (3). Should the LESSEE, however, decide to
continue with the lease despite expropriation of part of REAL PROPERTY,
there shall be a proportionate reduction in the rental, which shall take effect
from the date of actual deprivation of possession or impairment of the
LESSEEs use of REAL PROPERTY.
5. SUBLEASE The LESSEE shall be authorized to sublease any part of the REAL
PROPERTY provided that the duration shall be limited to and shall not exceed
the lease period of this Lease Agreement and the same shall not release the
original LESSEE from its obligation under this Lease Agreement. The LESSEE
agrees and obliged to be responsible to the LESSOR that its sublesee will follow
and comply with all the terms and conditions of this contract. The LESSEE shall
be liable to the LESSOR for any violation of this contract by its sublessee.

6. RENOVATIONS, IMPROVEMENTS AND ADDITIONS The LESSEE shall have

the right to construct or erect such buildings, structures and other
improvements, and install such machinery, facilities and equipment on the REAL
PROPERTY as it may consider necessary or convenient for residential purposes
which LESSEE may lawfully engage thereon. All such building, improvements,
machinery, facilities and equipment shall remain the property of the LESSEE.
At the LESSEEs sole option, the building and any improvements, or any part
thereof, may be demolished, and any machinery and equipment, or any part
thereof, may be removed from REAL PROPERTY at any time during the lease
period.
For the purpose of removing the properties mentioned in the preceding
paragraph upon the termination of this Lease Agreement, that in case LESSEE
fails to remove the same within the termination of this lease, all the
structures/fixture/equipment remaining on the subjects parcels of land shall
become the property of the LESSOR. However, the LESSOR reserves its
right/option to require LESSEE to remove any structure/fixture/equipment from
the leased REAL PROPERTY any time after the expiration of the stipulated
period.
7. TAXES The LESSOR shall be responsible for the real estate property taxes of
the REAL PROPERTY, while the LESSEE shall be responsible for the property
taxes on those due on any building, improvements, machineries, facilities and
equipment introduced on the REAL PROPERTY.

Page 14 of 22

Should the LESSOR fail to pay the real estate taxes and assessments due on the
REAL PROPERTY, LESSEE may, at its option, pay the same, as well as any
penalty or surcharge that may be due, and deduct the amount thereof from the
rentals due to the LESSOR.
For the purpose of the expanded withholding tax, it shall be for account of the
LESSEE for remittance to the appropriate regulatory agency. The LESSEE shall
provide a copy of the withholding tax forms and payment forms, et al. to the
LESSOR as proof of the payment.
The Value Added Tax (VAT) shall be for the account of the LESSEE, provided
the LESSOR submits a Certificate of VAT Registration and issues BIR registered
VAT official receipts. However, VAT assessments prior to the year of submission
of VAT Registration and VAT official receipts, shall not be borne by LESSEE.
8. WARRANTY The LESSOR warrants the LESSEEs peaceful and continuous
use of the REAL PROPERTY during the entire life of this Lease Agreement. On
the other hand, the LESSEE warrants to comply faithfully with the provisions
and stipulations hereof, and to perform religiously its duties and responsibilities
under this Lease Agreement.
The LESSOR warrants that the leased property is free from any and all liens or
encumbrances of whatsoever nature and he has good right to lease the same to
LESSEE, and should this not be the case, the LESSOR shall reimburse LESSEE
and/or hold LESSEE free and harmless from any and all consequential damages
and expenses, including attorney fees, which the LESSEE may suffer. The
LESSOR further guarantees the LESSEEs full and peaceful enjoyment of the
said REAL PROPERTY during the term of this Lease Agreement.
9. SALE, TRANSFER AND MORTGAGE The LESSOR reserves the right to
mortgage, sell, or otherwise dispose of the property, provided the LESSEEs
rights under this Lease Agreement are respected.
10. THIRD PARTY LIABILITY The LESSEE hereby assumes full responsibility for
any damage which may be caused to the person or property of third persons
while remaining in any part of the REAL PROPERTY, and further binds itself to
hold the LESSOR free and harmless from any claim for injury or damage.
11. EVENTS OF DEFAULT
The LESSEE shall be deemed in default within the meaning of this Contract
in any of the following instances:
(a) The LESSEE fails, without any fault or negligence on the part of the
LESSOR, to fully and promptly pay the monthly rentals, or the electricity, water
charges, or any other financial obligations of the LESSEE stipulated herein,
within THIRTY (30) days from notice or demand.
(b) The LESSEE fails or refuses to vacate the Leased Premises upon
expiration of contract of lease.
(c) The LESSEE violates any of the terms and conditions stipulated herein.
(d) The LESSEE abandons the Leased Premises

12. CONSEQUENCES OF DEFAULT

Page 15 of 22

Upon the occurrence of any of the events of default as set forth in the
immediately preceding paragraph, the LESSOR may, in addition to any other
remedies or recourse prescribed by law, pursue any all of following remedies,
simultaneously or successively:
A.

To terminate this Contract of Lease upon prior notice, as stated in

Section 13 hereof, demand or judicial declarations.

B.
To immediately repossess the Leased Premises without the
necessity of instituting any court or judicial action.
13. NOTICE OF VIOLATION - Thirty (30) days after due notice is served to the
LESSEE, or its representative, of its violation of any of the conditions hereto
provided, the LESSEE shall forthwith voluntarily comply therewith or voluntarily
vacate the Leased Premises without the necessity of any court action or that
effect. Failure of the LESSEE to comply with the said notice of violation shall
entitle the LESSOR to a penalty charge equivalent to the current market interest
rate per annum for every day of delay plus an amount of Two Thousand Pesos
(Php 2,000.00) per day in which the LESSEE fails to correct the fault.
Thirty (30) days after due notice is served on the LESSOR, or its representative,
of its violation of any of the conditions or warranties hereto provided, LESSOR
shall forthwith voluntarily comply therewith. Failure of the LESSOR to comply
with the said notice of violation shall entitle the LESSEE to terminate the
contract and collect from the LESSOR the unused advance payment and
security deposit. The LESSEE shall not be entitled to any indemnity to any
damages it may suffer and shall solve all issues without the necessity of any
court action or that effect.
14. COMPLIANCE WITH LAWS AND REGULATIONS The LESSEE shall comply
with any and all laws, ordinances, regulations or orders promulgated by proper
government authorities arising from or regarding the use, occupation and
sanitation of the REAL PROPERTY, and non-compliance therewith shall be at
the exclusive risk and expense of the LESSEE.
15. PRE-TERMINATION (LESSOR)

- Should the LESSOR desire to terminate this

Lease Contract before its date of termination, for no justifiable cause, LESSOR
shall inform the LESSEE at least thirty (30) days from date of intended
termination. LESSEE may at its own discretion refuse or permit the LESSOR to
do so, if consent is given, the LESSOR may withdraw from this Contract
provided that the LESSOR shall pay the LESSEE the value of all the fixed
improvements introduced by the LESSEE, the value thereof shall be based on
capital expenditures at depreciated costs with penalty of . LESSOR shall pay the
outstanding amount before LESSEE shall be obliged to vacate the Leased
Premises and ownership thereof shall revert to the LESSOR.

16. TERMINATION OF LEASE (LESSEE) Any violation or non-compliance of the

Terms and Conditions hereof on the part of the LESSEE shall give the LESSOR
the right to terminate this agreement and to forfeit the security deposit as and by
way of liquidated damages.
Any violation or non-compliance of the Terms and Conditions hereof on the
part of the LESSOR shall give the LESSEE the right to terminate this
agreement, effective immediately without need of any judicial action.

Page 16 of 22

LESSOR shall return the security deposit within thirty (30) days from
receipt of written demand.
The LESSEE shall not pre-terminate this Lease Agreement. However, in case the
LESSEE so desires to pre-terminate this Lease Agreement, the LESSEE agrees
to the forfeiture of the security deposit. Furthermore, the LESSEE should inform
the LESSOR in writing of their desire to pre-terminate this Lease Agreement
NINETY (90) days in advance from the date it will actually vacate the property.
The intent of which is to allow the LESSOR ample time to look for new tenant/s
who will replace the current LESSEE.
The LESSEE shall pay the rental for the whole NINETY (90) days, even if the
actual vacation from the said REAL PROPERTY was completed earlier.
For the purpose of removing the properties mentioned in the preceding
paragraph upon the termination of this Lease Agreement, the LESSEE shall
continue to enjoy peaceful possession of the REAL PROPERTY for a maximum
period of two (2) months which is stipulated in Section (7) of this Lease
Agreement.
17. FORCE MAJEURE - No party to this contract shall be liable for any delay or
failure to perform its obligations under this contract due to circumstances
beyond the control and without the fault or negligence of that party including
but without limitation to acts of God, blockades, civil commotion, earthquake,
fire, insurrections, labor disturbances, pandemic, riots, war (declared or
undeclared), and other occurrences beyond a partys reasonable control (force
majeure). A party hereto shall inform the other parties to this contract if any of
the foregoing event will or will likely cause a delay in the performance of its
obligations under this contract and will exert its best efforts to minimize the
duration, effect or impact of such an event. In the event that the LESSEE has to
close operations due to circumstances amounting to force majeure and for the
reconstruction of any damage caused by such event, the rental payments for
such period shall be waived. In addition, rental shall commence upon the
resumption of the operation.

18. VENUE All actions under this Lease Agreement shall be instituted in the
proper RTC court of The City of Manila, Metro Manila to the exclusion of all
other courts.

19. BINDING EFFECT - This Lease Agreement shall be binding upon the heirs,
executors, administrators, successors, and assigns of the parties hereto.

IN WITNESS WHEREOF, the parties have hereunto set their hands: LESSOR at
__________________________________on _________________________________ and LESSEE at
____________________ on _________________________.

_____________________________
COOLLECTURE Attorney-in-Fact
(LESSOR)

__________________________
MUCHOMACHO
(LESSEE)

WITNESSES:
____________________________

_________________________

Page 17 of 22

ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES
CITY OF MANILA

)
) S.S.

BEFORE ME this day personally appeared

Name
COOLLECTURE
Attorney-in-Fact

Identification #
SSS ID # 0003

Date / Place of Issue

Philippines

MUCHOMACHO

Drivers Lic.# 0004

Philippines

To me known and known to me to be the same person who signed and executed the
foregoing Lease Agreement and acknowledged to me that the same is executed as his free
and voluntary act and deed of the party/ies which he/she represents for the uses and
purposes herein set forth.
This instrument consisting of _FIVE (5)_ pages including this page where this
acknowledgement is written and signed by the above named parties and their witnesses on
every page thereof.
IN WITNESS WHEREOF, I have hereunto affixed my signature and notarial in the
______________________________, Philippines, this ____________________________.

(Sgd.) N. O. TARIO
Notary Public
Until __________________
PTR No. _______________
Issued at ______________
On ___________________
Doc. No.
Page No.
Book No.
Series of 2015.

ANNEX F
LETTER TO TERMINATE LEASE

Hansell and Fretzell

2210 Pedro Gil St.
Sta. Ana, Manila

December 31, 2011

Page 18 of 22

Dear Hansell and Fretzell;

Please be informed that the Spouses Oceanaire have instructed me to

notify you that they are terminating your lease contract starting January
1, 2012.

Hence they are giving you a period of two years more, or upto December
31, 2013, to find another place for you to stay. After such period, you are
to vacate the house.

Thank you.

Coollecture

ANNEX G
DEMAND LETTER TO VACATE
January 1, 2014
Hansell and Fretzell
Page 19 of 22

2210 Pedro Gil St.

Sta. Ana, Manila

Dear Hansell and Fretzell,

Please be informed that your two year extension period to find another
place and vacate the property belonging to Sps. Oceanaire have elapsed, hence
we are ordering you to immediately vacate said property and return the
possession thereto to Sps. Oceanaire.
We would also like to inform you that we are not accepting any rental
payments as your lease agreement have already been terminated since January
1, 2012.
Failure to comply may result to extrajudicial and/or judicial actions on
our part.

Coollecture

December 1, 2014
Hansell and Fretzell
2210 Pedro Gil St.
Sta. Ana, Manila

Dear Hansell and Fretzell,

Please be advised that you have overextended the deadline to vacate the
property belonging to Sps. Oceanaire.
You are considered to be unlawfully detaining the property, hence failure to
return the possession to said owners will result to extrajudicia and/or judicial
measures on our part.

Collecture

ANNEX H
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CERTIFICATE TO FILE ACTION BY LUPONG TAGAPAMAYAPA

Republic of the Philippines
City of Manila
Paco, Manila
BARANGAY 888
LUPONG TAGAPAMAYAPA
under CHAIRMAN TAGA-PAYAPA
COOLLECTURE
Plaintif

Barangay Issue No.

00001
For: Ejectment of Lessee

vs.
HANSELL at FRETZELL
Defendants
CERTIFICATE TO FILE ACTION IN COURT
This is to certify that:
On December 3 and 4, 2015, before Chairman Taga-payapa, the parties
above-mentioned appeared before him for the purpose of peaceful
resolution and settlement before the barangay.
The issue presented was the continued refusal to vacate the leased
property by Hansell and Fretzell, despite the termination of the lease, the
refusal to accept rental payment, and the demand to vacate by the
owners Billy and Bambam Oceanaire, through their Attorney-in-Fact
Coollecture.
Despite the earnest effort between the parties to find an end to the issue
before the barangay, the parties failed to arrive at a solution to end the
issue between them.
Therefore the Lupon hereby certifies that the issue shall be better
resolved in court upon filing of the proper complaint.
5 December 2015
Prepared by:
TAGA-PAGAYOS
Barangay Kagawad
Conforme:
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CHAIRMAN TAGA-PAYAPA
Punong Barangay / Chairman

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