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Annex 1 Defendant B

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Annex 1

LEASE CONTRACT

 
KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT OF LEASE is made and executed at the City of Vigan, this 1 st day of
February, 2021, by and between:
 
        CONSUELO DELA CRUZ, of legal age, single, Filipino, and with residence and postal
address at Purok 1, Pantay Fatima, Vigan City, Ilocos, hereinafter referred to as the LESSOR.
 
-AND-
 
WAKAN DA, of legal age, single, Filipino and with residence and postal address at
Purok 1, Pantay Fatima, Vigan City, Ilocos, hereinafter referred to as the LESSEE.
 
WITNESSETH; That
 
WHEREAS, the LESSOR is the owner of THE LEASED PREMISES, a residential
property situated at Purok 1, Pantay Fatima, Vigan City, Ilocos;
 
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 ONE (1) YEAR. from February 1, 2021 to January 31, 2022
inclusive. Upon its expiration, this lease may be renewed under such terms and conditions as
may be mutually agreed upon by both parties, written notice of intention to renew the lease shall
be served to the LESSOR not later than seven (7) days prior to the expiry date of the period
herein agreed upon.
 
3. RENTAL RATE:   The monthly rental rate for the leased premises shall be in 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 TWO (2) MONTHS or the sum
of TWENTY THOUSAND PESOS: (P20,000.00), Philippine Currency.  

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 One (1) month 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. 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.
 
12. 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.
 
 
 
Consuelo Dela Cruz                               Wakan Da
LESSOR                                                LESSEE
 
Signed in the presence of:
 
 
Steve Rogerdat Tony Istarak

ACKNOWLEDGEMENT
 
Republic of the Philippines)
City of Vigan, Ilocos ) S.S
 
BEFORE ME, personally appeared:
 
   Name                                 CTC Number             Date/Place Issued
 
      Consuelo Dela Cruz                            10049642          November 24, 2020 / Vigan City
Wakan Da                          10009637         December 07, 2020 / Vigan City
 
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 3 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.
                                                                    
                                                                                                                                                        
Notary Public
 
Doc. No. 23;
Page No. 3;
Book No. 1;
Series of 2021.

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