Republic of the Philippines MUNICIPAL TRIAL COURT Sixth Judicial Region Branch ____, Bacolod City DALTON M.

GOTEL, JR., Plaintiff, -versusBENJAMIN PALISOC, Defendant. x-------------------------x

Civil Case No. ________ For Consignation

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 Courth through 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; said contract should there be a lapse of yearly payments. For fear that 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 October 31st. Despite repeated demand to accept payment, defendant failed, neglected and refused, and continues to fail and refuse to accept payment of the due yearly rental. (copy of affidavit or anything attesting to the fact of refusal);

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

5. Plaintiff believed that defendant intends to insistently refuse to accept

such payment until or after October 31st to be able to avail of his right to terminate the said contract. Such act to circumvent the agreement is apparently prejudicial to the plaintiff; above-mentioned contract with a provision, among others, reducing one (1) hectare of farm land from the original agreement. Such

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

proposal has the effect of rendering void or invalid the original contract. Finding it to be unfavorable, plaintiff decided to withhold the signing of the same. A copy of the draft of the proposed contract is hereto 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 accept the 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 the lessees 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 the rent and to release plaintiff of his accrued obligation. Plaintiff respectfully prays for such other relief as may be just and equitable under the premises. MOST RESPECTFULLY SUBMITTED.