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Republic of the Philippines

MUNICIPAL TRIAL COURT

Sixth Judicial RegionBranch ____, Bacolod City

DALTON M. GOTEL, JR.,Plaintiff, Civil Case No. ________

For Consignation-versus-

BENJAMIN PALISOC,Defendant.

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COMPLAINT

COMES NOW Plaintiff, through the undersigned counsel and to this

Honorable Court, most respectfully alleges that:

1. Plaintiff is of legal age, Filipino, and a resident of E. B. Magalona,Negros Occidental. For purposes of this action, plaintiff may be served

with orders, notices and other processes of this Honorable Courththrough the office of the undersigned counsel indicated below;

2. Defendant is of legal age, Filipino and a resident of Bacolod City,

Philippines, and may be served with summons and other processes of

the Honorable Court at his last known address at ________________;

3. Sometime on September 28, 2010, the plaintiff and defendant entered

into a Lease Contract of four and a half (4 1/2) hectares of farm land.The lease is for a duration of three (3) years but extendible to five (5)years at twelve thousand (P12,000.00) pesos per hectare per year.

The parties further stipulated that the amount of forty eight thousand(P48,000.00) pesos will be paid as down payment and the remaining

years are paid on or before October 31st of the succeeding years.Copy of the Lease Contract is hereto attached as Annex A, forming

part of this complaint;

4. The parties likewise agreed that the lessor has the right to terminate

said contract should there be a lapse of yearly payments. For fearthat said contract might be terminated at the instance of the lessor

(defendant herein) and not having recovered the expenses incurred,plaintiff sought to tender payment to the defendant his yearly rental

for the amount of P12,000.00 which will be due on or before October31st. Despite repeated demand to accept payment, defendant failed,neglected and refused, and continues to fail and refuse to acceptpayment of the due yearly rental. (copy of affidavit or anything

attesting to the fact of refusal);

5. Plaintiff believed that defendant intends to insistently refuse to acceptsuch payment until or after October 31st to be able to avail of his rightto terminate the said contract. Such act to circumvent the agreementis apparently prejudicial to the plaintiff;

6. In addition, defendant proposed to plaintiff to modify or supersede the

above-mentioned contract with a provision, among others, reducingone (1) hectare of farm land from the original agreement. Such

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proposal has the effect of rendering void or invalid the originalcontract. Finding it to be unfavorable, plaintiff decided to withhold the

signing of the same. A copy of the draft of the proposed contract ishereto attached as Annex ____;

7. Article 1256 of the New Civil Code provides:

If the creditor to whom tender of payment has

been made refuses without just cause to accept it,the debtor shall be released from responsibility by

the consignation of the thing or sum due.

8. The Supreme Court in Velez vs. Avelino, L-48448, January 20, 1984

said that if a lessee tenders his rent but the lessor refuses to acceptthe same, the former must consign the rent in court (by first filing an

action for consignation) or else deposit the rent in a bank, under thelessees name x x x.

PRAYER

WHEREFORE, after due notice and hearing, plaintiff respectfully prays

that judgment be rendered against defendant to compel him to accept therent and to release plaintiff of his accrued obligation.

Plaintiff respectfully prays for such other relief as may be just andequitable under the premises.

MOST RESPECTFULLY SUBMITTED.

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