Manglicmot Russell Jay M - Legal Forms

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The Law Office of RJM Manglicmot

9th Flr., Empire Building, Clark Global City, Pampanga

30 May 2020

STARBUCKS SAN FERNANDO CITY PROPER BRANCH


V. Tiomico St, City of San Fernando
Pampanga

Attention: Mr. Jacinto M. Miranda


Chief Operations Officer

Re: Unpaid Rental Payments


at the New Pacific Building
City of San Fernando

Gentlemen:

We write on behalf of our Client, Mr. Dan C. Capule, with respect to the above-captioned matter.

Under your lease agreement with our client, your monthly rental of one million pesos (P1,000,000)
was supposed to be paid on every 1st day of the month. As of this date, you have missed three (3)
consecutive monthly rentals amounting to three million pesos (P3,000,000), excluding the
penalties and charges stipulated in the lease contract.

Due to the foregoing, we hereby make a final demand upon you to pay three million and two
hundred fifty thousand pesos (P3,250,000) and to vacate the property within fifteen (15) days from
receipt of this letter, otherwise, we would be constrained to institute the appropriate civil complaint
against your company. We will also hold you liable for the interest, damages, attorney’s fees. And
expenses that my client will incur arising from your unlawful detainer of my client’s property.
We trust that you will give this matter your preferential attention and should you have questions
or clarifications, please do not hesitate to contact me in my office

Very truly yours,


(sgd.)
Atty. Russell Jay M. Manglicmot

[email protected] | (63)917-452-9512
LEASE CONTRACT

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT OF LEASE is made and executed at the City of Bacoor, this day 30th of March
2020, by and between:

Dr. Christopher M. Mayuga, of legal age, single, Filipino, and with residence and postal
address at 412 Brgy. San Nicolas, Dasmarinas City, Cavite hereinafter referred to as the LESSOR.

-AND-

Dr. McAllen A. Kamantigue, Filipino and with residence and postal address at 193 Fulgencio
St., Brgy. Subdo, Bacoor City, Cavite hereinafter referred to as the LESSEE.

WITNESSETH; That

WHEREAS, the LESSOR is the owner of THE LEASED PREMISES, a residential property
situated at 512 Brgy. San Nicolas, Dasmarinas City, Cavite.

WHEREAS, the LESSOR agrees to lease-out the property 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 premises, subject
to the following:

TERMS AND CONDITIONS


1. PURPOSES: That premises hereby leased shall be used exclusively by the LESSEE for
residential purposes only and shall not be diverted to other uses. It is hereby expressly agreed that
if at any time the premises are used for 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 TWO (2) YEARS. from 1 June 2020 to 1 June 2022 inclusive.
Upon its expiration, this lease may be renewed under such terms and conditions as my be mutually
agreed upon by both parties, written notice of intention to renew the lease shall be served to the
LESSOR not later than two (2) weeks prior to the expiry date of the period herein agreed upon.

3. RENTAL RATE: The monthly rental rate for the leased premises shall be 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 move-in an amount equivalent to the rent for THREE (3) MONTHS or the sum of thirty
thousand pesos (P 30,000.00), Philippine Currency. Wherein the two (2) months deposit shall be
applied as rent for the 23rd and 24th months and the remaining one (1) month deposit shall 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 three (3) 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. RIGHT OF FIRST REFUSAL: The LESSEE shall have the right, no more than eighteen (18)
months and no later than one (1) year prior to the end of the Term of this Lease, to make an offer
in writing to the Lessor to renew this Lease for a period of up to an additional two (2) years. Upon
presenting such offer to renew, the Lessor shall accept such offer to renew within sixty (60) days
of receiving such written offer or such offer shall be deemed rejected. If such offer to renew is
rejected and upon termination of this Lease at the end of the Term provided for above, Lessee shall
have no automatic right of renewal.

12. 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.

13. 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.

DR. CHRISTOPHER M. MAYUGA DR. MCALLEN A. KAMANTIGUE


LESSOR LESSEE

Signed in the presence of:

JOHN M. CARLO TAMAYO (sgd.) WINSTON B. ALVA (sgd.)

ACKNOWLEDGEMENT

Republic of the Philippines)


City of San Fernando, Pampanga) S.S

BEFORE ME, personally appeared:

Name CTC Number Date/Place Issued


DR. CHRISTOPHER M. MAYUGA 18512364 March 24, 2020 / Dasmarinas
DR. MCALLEN A. KAMANTINGUE 11256358 April 07, 2020/ Bacoor
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 five (5) page/s, 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. RUSSELL JAY M. MANGLICMOT


Notary Public
Roll No. 78542
IBP No. 15244522: 04-31-20: BULACAN
PTR No. 32512012: 04-31-20: BULACAN
MCLE Compliance No. V-0021532
Valid Until 31 December 2020

Doc. No. 125;


Page No. 25;
Book No. 3;
Series of 2020.
DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF ABSOLUTE SALE is made, executed, and entered into by:

REDENTOR H. DOMINGO, of legal age, single/married to Celyn M. Bausista, Filipino,


and with residence and postal address at 198 Brgy Sapang Matanda, City of Malolos, Bulacan,
hereinafter referred to as the SELLER

-AND-

CLARISSE P. INAO, Filipino and with residence and postal address at 145 Brgy. Pritil
Guiginto, Bulacan, hereinafter referred to as the BUYER.

WITNESSETH;

WHEREAS, the SELLER is the registered owner of a parcel of land with improvements
located at City of Malolos, Bulacan and covered by Transfer Certificate of Title No. 15248541
containing a total area of 500 (five hundred) SQUARE METERS, more or less, and more
particularly described as follows:

TRANSFER CERTIFICATE OF TITLE NO. 0000

A PARCEL OF LAND Lot 20 Blk 54 of consolidation subdivision plan (LRC) Pcs-13265,


being a portion of the consolidation of Lots 4751-A and 4751-B (LRC) Psd-50533, Lot 3, Psd-
100703, Lot 1, Psd-150980, LRC Rec. Nos. Nos. N-27024, 51768, 89632, N-11782, N-13466, and
21071 situated in the Bo. of Bgry, Dakila, City of Malolos, Bulacan Is. of Luzon. Bounded on NE.,
point 4 to 1 by Road Lot 22, on to the point of beginning; containing an area of 500 square meters
more or less.

WHEREAS, the BUYER has offered to buy, and the SELLER has agreed to sell the above-
mentioned property for the amount of five million pesos (P5,000,000.00) Philippine Currency;

NOW THEREFORE, for and in consideration of the sum of five million pesos (P 5,
000,000.00) Philippine Currency, hand paid by the vendee to the vendor, the SELLER DO
HEREBY SELL, TRANSFER, and CONVEY by way of Absolute Sale unto the said BUYER, his
heirs and assigns, the certain parcel of land together with all the improvements found thereon, free
from all liens and encumbrances of whatever nature including real estate taxes as of the date of
this sale.

REDENTOR H. DOMINGO CLARISSE P. INAO


Seller Buyer

WITH MARITAL CONSENT:


________________________
Celyn M. Bautista

SIGNED IN THE PRESENCE OF:

Jasmin Lorraine T. Tan (sgd.) Jizelle A. Jumaqio (sgd.)

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


City of Malolos, Bulacan) SS.

BEFORE ME, a Notary Public for and in the City of City of Malolos, Bulacan, personally
appeared:

Name CTC Number Date/Place Issued

Redentor H. Domnigo 10412500 Jan 15, 2008 / Makati City


Clarisse P. Inao 40512510 Jan 9, 2008 / Manila

Known to me and to me known to be the same persons who executed the foregoing instrument
and acknowledged to me that the same are their free act and voluntary deed.

This instrument, consisting of (2) pages, including the page on which this acknowledgment is
written, has been signed on the left margin of each and every page thereof by the concerned
parties and their witnesses, and sealed with my notarial seal.

WITNESS MY HAND AND SEAL on this 30th day of March 2020.

ATTY. RUSSELL JAY M. MANGLICMOT


Notary Public
Roll No. 78542
IBP No. 15244522: 04-31-20: BULACAN
PTR No. 32512012: 04-31-20: BULACAN
MCLE Compliance No. V-0021532
Valid Until 31 December 2020

Doc. No. 15;


Page No. 12;
Book No. 1;
Series of 2020
DEED OF SALE OF MOTOR VEHICLE WITH ASSUMPTION OF MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

This AGREEMENT made and executed by and between:

JYRUS B. CIMATU, of legal age, single, Filipino, with residence and postal address at No. 25
San Antonio St., Valenzuela City, 1002 hereinafter called the VENDOR

and

JHOVEN PAUL V. TOLENTINO, of legal age, Filipino, single, with residence and postal
address at 152 Bgry. Sta. Cruz, Dasmarinas City, Cavite hereinafter called the VENDEE;

WITNESSETH:

That FOR AND IN CONSIDERATION OF THE SUM OF FIVE HUNDRED EIGHTY


FIVE THOUSAND PESOS (P500,000.00), wherein the amount of ONE HUNDRED FORTY
THOUSAND PESOS (P140,000) as down payment, and the remaining balance of FOUR
HUNDRED FORTY-FIVE THOUSAND (P 445,000.00), which shall be paid thru the issuance
of post dated checks, are hereby acknowledge from the VENDEE, by and to the partial satisfaction
of the VENDOR, said VENDOR HEREBY SELLS, TRANSFERS and CONVEYS unto the
VENDEE the motor vehicle described as follows:

MAKE : TOYOTA MOTOR NO. : 452155523

SERIES : VIOS J 1.3 MT SERIAL/CHASSIS NO. : ABC-4255-CNS-441


TYPE OF BODY : SEDAN PLATE NO. : AUV 542
YEAR MODEL : 2015 FILE NO. : 2852-74
C.R. NO. : 512245-4411=CF
Of which the VENDOR is the absolute owner;
That the cash down payment of ONE HUNDRED FORTY THOUSAND PESOS
(P140,000) as stated above covers one (1) year insurance up to 04 July 2018 while the succeeding
annual insurance renewal shall be for the account of the VENDEE;
That the VENDEE shall bear the yearly registration costs beginning July 2018;
That the VENDOR hereby warrants that the said motor vehicle is
still under mortgaged with Bank of the Philippine Islands;
That the VENDEE agreed to pay the remaining balance of FOUR HUNDRED FORTY
FIVE THOUSAND PESOS (P445,000.00) thru the issuance of thirty six (36) post-dated checks
in favor of the VENDOR, upon execution of this document, to cover the monthly payments from
August 2019 to December 2022;
That each post-dated check shall cover the monthly amortization of TWELVE
THOUSAND THREE HUNDRED EIGHTY SEVEN PESOS only (P12,387.00), due every
10th of the month; That failure on the part of the VENDEE to fund the post-dated checks on or
before the stated amortization date, the VENDEE shall be charged with 5% penalty per month;
That in the event that the VENDEE failed to pay the amortization for two (2) consecutive
months, the total outstanding balance, inclusive of penalties, shall be due and demandable.
IN WITNESS WHEREOF, parties herein affixed their signatures on this day of 30th of
March 2020 at Dasmarinas City

JYRUS B. CIMATU JHOVEN PAUL V. TOLENTINO


Vendor Vendee

SIGNED IN THE PRESENCE OF:

WINONA BALUYOT KARLO MIGUEL YAP

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


Dasmarinas City, Cavite) SS.
BEFORE ME, a Notary Public for and in the City of Dasmarinas, Cavite, personally appeared:

Name CTC Number Date/Place Issued

Jyrus B. Cimatu 10412500 Jan 15, 2018 / Makati City


Jhoven Paul Tolentino 40512510 Jan 9, 2015 / Manila

All known to me and known to be the same persons who executed the foregoing instrument and
acknowledged before me that the same is their free and voluntary act and deed as well as those of
the entities they represent.

Said instrument refers to the Deed of Sale of Motor Vehicle with Assumption of Mortgage
consisting of three (3) pages, including this page of Acknowledgment, signed by the parties and
their witnesses, and sealed with my notarial seal.

WITNESS MY HAND AND SEAL on this 30th day of March 2020.

ATTY. RUSSELL JAY M. MANGLICMOT


Notary Public
Roll No. 78542
IBP No. 15244522: 04-31-20: BULACAN
PTR No. 32512012: 04-31-20: BULACAN
MCLE Compliance No. V-0021532
Valid Until 31 December 2020

Doc. No. 15;


Page No. 12;
Book No. 1;
Series of 2020

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