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    Consignation Complaint

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    Kal El Dadi
    Dalton Gotel filed a complaint against Benjamin Palisoc for consignation in the Municipal Trial Court. Gotel and Palisoc had entered into a lease contract for farm land that Palisoc now refuses to accept yearly rental payments for. The complaint seeks to compel Palisoc to accept the rental payments and release Gotel from any obligations due to Palisoc's unjust refusal of the tendered payments.

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    Consignation Complaint

    Uploaded by

    Kal El Dadi
    2K views2 pages
    Dalton Gotel filed a complaint against Benjamin Palisoc for consignation in the Municipal Trial Court. Gotel and Palisoc had entered into a lease contract for farm land that Palisoc now refuses to accept yearly rental payments for. The complaint seeks to compel Palisoc to accept the rental payments and release Gotel from any obligations due to Palisoc's unjust refusal of the tendered payments.

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    Dalton Gotel filed a complaint against Benjamin Palisoc for consignation in the Municipal Trial Court. Gotel and Palisoc had entered into a lease contract for farm land that Palisoc now refuses to accept yearly rental payments for. The complaint seeks to compel Palisoc to accept the rental payments and release Gotel from any obligations due to Palisoc's unjust refusal of the tendered payments.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    2K views2 pages

    Consignation Complaint

    Uploaded by

    Kal El Dadi
    Dalton Gotel filed a complaint against Benjamin Palisoc for consignation in the Municipal Trial Court. Gotel and Palisoc had entered into a lease contract for farm land that Palisoc now refuses to accept yearly rental payments for. The complaint seeks to compel Palisoc to accept the rental payments and release Gotel from any obligations due to Palisoc's unjust refusal of the tendered payments.

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    Republic of the Philippines

    MUNICIPAL TRIAL COURT


    Sixth Judicial Region
    Branch ____, Bacolod City

    DALTON M. GOTEL, JR.,


    Plaintiff, Civil Case No. ________
    For Consignation
    -versus-

    BENJAMIN PALISOC,
    Defendant.
    x-------------------------x

    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;

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

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


    such payment until or after October 31 st 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;

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


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

    1
    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
    lessee’s 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.

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