I. Introduction

A common rental dispute in the Philippines arises when a landlord, lessor, broker, caretaker, or property representative advertises or promises a unit with specific amenities, receives payment, and then removes or withholds one of those amenities before move-in or during occupancy. A classic example is the air conditioner: the listing, viewing, messages, or oral promise show that the room includes an aircon; the tenant pays reservation fees, advance rent, and deposit; then the aircon is taken out, disabled, or declared “not included” after payment.

In Philippine law, that problem is not merely an inconvenience. Depending on the facts, it can amount to breach of contract, fraud or dolo in contractual relations, actionable misrepresentation, unjust refusal to comply with agreed terms, and in some cases an unfair or deceptive practice. The injured renter may have remedies that include refund, rescission or cancellation of the rental agreement, actual damages, moral damages in proper cases, exemplary damages in exceptional cases, attorney’s fees, and interest.

This article explains the issue in depth in the Philippine setting.

II. The Core Legal Problem

The legal issue is simple:

A rental unit was presented as having an air conditioner. The tenant paid because of that representation. After payment, the aircon was removed or denied. What can the tenant claim?

The answer depends on four main questions:

Was the aircon part of the agreement?
Was there a false representation that induced payment?
Was the non-delivery substantial enough to justify refund or cancellation?
What losses can the tenant prove?

Everything else flows from these points.

III. Philippine Legal Framework

Several bodies of Philippine law may apply at the same time.

A. Civil Code: Obligations and Contracts

The Civil Code is the main legal source.

Relevant doctrines include:

contracts are perfected by consent
obligations arising from contracts have the force of law between the parties
parties must comply in good faith
fraud, mistake, and misrepresentation can vitiate consent
substantial breach can justify rescission or cancellation
a party who suffers loss from breach may recover damages

Even if the written lease is brief, Philippine law recognizes that contracts are interpreted not only from the document but also from the parties’ acts, communications, and the circumstances surrounding the transaction.

B. Civil Code: Lease

A lease is a contract where one party binds himself to give another the enjoyment or use of a thing for a price and for a period. In residential rentals, the lessor is expected to deliver the premises in the condition agreed upon. If the leased unit was offered and accepted as one with aircon, removal of the aircon may be a failure to deliver the thing as agreed.

C. Consent Obtained Through Fraud or Misrepresentation

If the tenant agreed and paid because of a false statement that the unit came with aircon, the tenant may argue that consent was induced by fraud. In Philippine contract law, causal fraud that induces a party to enter into a contract is serious. It can make the agreement voidable and support damages.

A distinction matters:

Causal fraud (dolo causante): the lie was a principal reason the tenant entered the deal.
Incidental fraud (dolo incidente): the tenant would still have rented, but on different terms or at a lower price.

If the aircon mattered materially, especially in a hot area, upper-floor unit, or work-from-home setup, the tenant has a strong argument that the misrepresentation was causal, not trivial.

D. Breach of Contract

Even without proving fraud, the tenant may still win on a straightforward breach theory. If the lessor promised a furnished or semi-furnished unit with aircon and then removed it after payment, the lessor failed to perform the promised prestation.

That alone can support:

refund or partial refund
specific performance, meaning reinstall or provide the aircon
rescission or cancellation where the breach is substantial
damages proven by evidence

E. Good Faith and Abuse of Rights

Philippine civil law also punishes the abusive exercise of rights and requires people to act with justice, honesty, and good faith. A landlord who lures a tenant into paying by showcasing an aircon, then claims after payment that it belongs to a prior tenant, is broken, was “for display only,” or was never included, may be acting in bad faith. That bad faith affects damages.

F. Consumer Protection Ideas

Pure lease transactions are not always treated the same way as ordinary sales of consumer goods, but deceptive advertising and misrepresentation principles may still be relevant, especially if the lessor or broker is engaged in the business of renting out multiple units or marketing them to the public. Even where the Consumer Act is not the main basis of suit, the concept of deceptive representation helps frame the wrongdoing.

IV. When Is the Aircon Legally Part of the Rental Agreement?

This is the most important factual issue.

The aircon forms part of the deal when the evidence shows that the unit was offered and accepted as an air-conditioned unit. That can be proven by any of the following:

the written lease says “with aircon”
an inventory list includes the aircon
the online listing or post shows “aircon included”
the broker’s chat messages say the unit has an aircon
the video tour or photos clearly include a built-in or installed aircon as part of the unit
the landlord verbally promised that the aircon is included
the agreed rent reflects a furnished or semi-furnished rate higher than comparable bare units
the reservation was made after a viewing where the aircon was represented as part of the premises
the receipt, acknowledgment, or move-in terms refer to appliances included in the rent

Philippine law does not require every term to be in a formal long contract. Text messages, Messenger chats, Viber messages, emails, listing screenshots, voice notes, witness testimony, and payment references can all help prove what was agreed.

If the landlord later argues that the written lease does not specifically mention the aircon, that is not necessarily fatal to the tenant’s case. The tenant can argue that the written document is incomplete or that the aircon was part of the inducement and surrounding agreement.

V. Typical Fact Patterns and Their Legal Effect

1. Aircon shown in listing and during viewing, then removed before move-in

This is a strong refund case. The tenant paid based on a specific representation about the unit. If the landlord cannot deliver the unit in the condition promised, the tenant may reject the altered unit, demand return of payments, and seek damages for related losses.

2. Aircon exists at turnover but is later removed by the landlord

This is an even clearer breach. Once possession begins, the lessor should not unilaterally diminish the tenant’s use and enjoyment of the leased premises by taking back an agreed amenity.

3. Landlord says the aircon is present but “not working”

This depends on what was agreed. If the unit was marketed as air-conditioned, delivery of a dead or unusable aircon is not real compliance. A non-functioning appliance may be treated as no appliance at all unless the tenant clearly accepted it as defective.

4. Landlord claims the aircon belongs to the previous tenant

That defense may fail if the landlord or agent represented it as included. The tenant is entitled to rely on the lessor’s or agent’s manifestations. Internal arrangements between landlord and prior tenant do not excuse misrepresentation to a new renter.

5. Landlord offers a fan or promises future replacement

A fan is usually not equivalent to an aircon. A later promise to replace may reduce damages only if promptly fulfilled and accepted, but it does not erase the original breach unless the tenant validly agrees to modify the contract.

6. Lease signed after payment says nothing about aircon

Silence in the final writing helps the landlord but does not automatically defeat the tenant’s claim. The tenant can still argue fraud in inducement, prior representations, and the true meeting of the minds. Much will depend on evidence.

7. Tenant already moved in and stayed despite the missing aircon

The tenant may still claim relief, but the remedy may shift. Instead of full rescission, the tenant may have a better claim for:

repair or replacement
rent reduction
partial refund
damages caused by the missing amenity

If the tenant stayed for a long time without objection, the landlord may argue waiver or acceptance. Immediate written protest is therefore critical.

VI. Main Causes of Action Available to the Tenant

A. Specific Performance

The tenant may demand that the landlord comply with the agreement by reinstalling or providing the aircon. This is useful when the tenant still wants the unit and the amenity can be restored quickly.

This remedy is strongest when:

the tenant wants to stay
the lease is still ongoing
the aircon was definitely included
replacement is feasible
the loss can be cured without major conflict

B. Rescission or Cancellation

If the removal of the aircon is a substantial breach, the tenant may seek rescission or cancellation of the lease. In practical terms, this means undoing the transaction and returning what each party received.

The tenant may seek return of:

reservation fee, if it formed part of the rental consideration and was not lawfully forfeited
advance rent
security deposit
brokerage or service fee, depending on who misrepresented and who received it
other move-in fees paid because of the false representation

A substantial breach exists when the missing amenity was material to the tenant’s consent. In hot climates, small enclosed rooms, top-floor units, or units marketed at a premium specifically because they were air-conditioned, removal is rarely trivial.

C. Refund or Price Reduction

If the tenant chooses to continue the lease, a total refund may no longer fit, but a partial refund or rent reduction may be justified. This is especially relevant when:

the tenant stayed because moving out would be costly
the missing aircon lowered the fair rental value of the unit
the landlord failed to deliver a furnished or semi-furnished feature included in the price

The measure can be the difference between the rent of:

the unit as represented, and
the unit as actually delivered

D. Damages for Breach and Bad Faith

The tenant may seek damages under general Civil Code principles.

VII. What Damages Can Be Claimed?

A. Actual or Compensatory Damages

These are proven pecuniary losses. The tenant must show receipts, invoices, screenshots, or other evidence.

Possible items include:

return of advance rent and deposit
cost of finding a replacement unit
extra rent paid for temporary lodging
transportation or hauling expenses caused by the failed move
broker’s fees wasted because of the misrepresentation
cost of reinstalling or purchasing a substitute aircon, if reasonably necessary and legally recoverable under the chosen theory
lost wages from taking leave to inspect, move, or resolve the issue, if sufficiently proven
utility or setup costs wasted because of the failed tenancy

Courts do not award actual damages based on guesswork. Every peso claimed should be supported.

B. Temperate or Moderate Damages

If the tenant clearly suffered some financial loss but cannot prove the exact amount with precision, the court may grant temperate damages instead of denying recovery entirely. This can be important in rental disputes where not every expense was receipted.

C. Moral Damages

Moral damages are not automatic in breach of contract cases. Under Philippine law, they are generally recoverable when the breach is attended by fraud or bad faith, or when the defendant’s conduct causes mental anguish, embarrassment, anxiety, social humiliation, or similar injury in a legally recognized way.

In this context, moral damages may be more plausible where:

the landlord deliberately deceived the tenant
the tenant was stranded or rendered homeless after move-in plans collapsed
the tenant had vulnerable circumstances, such as a child, elderly family member, pregnancy, illness, or remote work requiring a livable environment
the landlord acted insultingly, coercively, or abusively after complaint

Ordinary disappointment is not enough. The bad faith must be shown.

D. Exemplary Damages

These are punitive in character and may be awarded when the defendant acted in a wanton, fraudulent, reckless, or malevolent manner. If a landlord repeatedly uses fake amenity claims to get tenants to pay, exemplary damages become more arguable.

They usually require that the claimant first be entitled to moral, temperate, or compensatory damages.

E. Attorney’s Fees and Litigation Expenses

Attorney’s fees are not awarded as a matter of course, but may be recovered when:

the other party’s bad faith forced the tenant to litigate
there was a clearly unjustified refusal to satisfy a valid claim
the case falls under recognized exceptions in law

Even without a lawyer, the tenant may claim some litigation-related expenses if properly proven and legally allowable.

F. Interest

Money wrongfully withheld may earn legal interest, subject to the court’s rules on when interest begins and at what rate. This matters when the landlord keeps deposits or advance rent despite valid demand for return.

VIII. Refund of Reservation Fee, Advance Rent, and Security Deposit

These items must be separated.

A. Reservation Fee

Landlords often argue that reservation fees are non-refundable. That is not always the end of the matter.

If the reservation was paid because of misrepresentation, the landlord cannot usually keep it by hiding behind a “non-refundable” label. A party cannot profit from his own fraud or breach. If the landlord was the one who failed to deliver the promised unit condition, the tenant has a strong argument for return of the reservation fee.

B. Advance Rent

Advance rent is ordinarily refundable if the lease does not push through because of the landlord’s substantial breach or misrepresentation.

C. Security Deposit

A security deposit is intended to secure unpaid rent, utility arrears, or property damage, not to enrich the landlord after a failed transaction caused by the landlord’s own non-compliance. If the tenant did not take possession, or if the tenant rightfully backed out because of material misrepresentation, the deposit should generally be returned, subject only to legitimate deductions if any exist.

IX. Fraud, Bad Faith, and Misrepresentation: How Strong Must the Tenant’s Proof Be?

The tenant does not need a dramatic written confession. Philippine courts evaluate the totality of the evidence.

Helpful proof includes:

screenshots of the ad or listing
saved photos showing the installed aircon
chats promising inclusion of the aircon
receipts for reservation fee, advance, and deposit
witness statements from companions during viewing
voice recordings, if lawfully obtained and admissible
the lease and annexes
comparison of rental price against similar units without aircon
written demand and the landlord’s reply admitting removal or changing excuses

Signs of bad faith include:

changing explanations
refusal to answer simple questions
urgent demand for payment before the tenant can inspect properly
deletion of the original ad after complaint
insisting that the unit is “the same” despite clear removal
refusal to refund even after admitting the amenity was not included

X. Defenses the Landlord May Raise

A thorough legal analysis must also cover the likely defenses.

1. “The aircon was never included.”

This is the central defense. The outcome depends on documentary and testimonial evidence.

2. “The lease contract does not mention the aircon.”

Helpful to the landlord, but not conclusive. Fraud in inducement and surrounding circumstances remain relevant.

3. “The tenant saw the actual condition before paying.”

If true, this weakens the claim. But if the aircon was present during viewing and removed only after payment, the defense fails.

4. “The tenant accepted the unit anyway.”

This may limit rescission if the tenant knowingly stayed without objection. But immediate protest preserves rights.

5. “The aircon was broken, not removed.”

A broken included amenity is still non-compliance unless promptly repaired.

6. “The reservation fee is non-refundable.”

That clause may not protect a landlord who is himself at fault.

7. “The broker, not the landlord, made the promise.”

The tenant may still proceed against the party who made the misrepresentation and, depending on agency principles and the facts, possibly against both broker and landlord.

8. “The aircon belonged to someone else.”

Internal ownership issues are not usually the tenant’s problem if the unit was marketed with the aircon included.

XI. The Role of Brokers, Agents, and Caretakers

In many Philippine rentals, the promise comes from a broker, property administrator, caretaker, or relative of the owner. Liability can become layered.

Possible responsible parties include:

the landlord or owner
the broker or agent who made the representation
the person who received the payment
the property manager who handled the turnover

If the broker falsely advertised the aircon to close the deal, the tenant may have a claim against the broker, especially if the broker personally received commission or represented facts without authority. If the broker acted within authority, the principal may also be bound.

The tenant should not assume only one defendant is possible.

XII. Criminal Angle: Is There Estafa?

Sometimes tenants ask whether removal of the aircon after payment is criminal fraud.

Possibly, but not always.

A purely civil breach of contract does not automatically become estafa. Philippine criminal law generally requires deceit and damage of a kind that fits the penal definition. If from the start the landlord or agent intentionally deceived the tenant to obtain money, and the false representation was fraudulent rather than merely a later contract dispute, a criminal complaint may be explored.

Still, many amenity disputes are handled primarily as civil cases because proving criminal liability requires a stricter standard and careful factual fit. Not every broken promise is estafa. The safer legal analysis begins with civil remedies.

XIII. Practical Legal Remedies Before Filing a Case

Before formal litigation, the tenant should build the record.

1. Send a Written Demand

A written demand should state:

the agreed amenity: aircon included
the payments made
the fact of removal or non-delivery
the chosen remedy: reinstall, refund, cancel, or reduce rent
a deadline to comply
notice that legal action will follow upon failure

A demand letter matters because it shows seriousness, fixes the dispute, and helps establish bad faith if ignored.

2. Preserve Evidence Immediately

Save everything before it disappears:

screenshots of ads
chats
timestamps
receipts
bank transfers
photos during viewing and turnover
the identity of all people involved

3. Do Not Rely on Purely Oral Assurances After the Dispute Starts

Get every promise in writing. For example: “We will reinstall by Friday,” “We admit it was included,” or “We will refund in full.”

4. Avoid Conduct That Looks Like Waiver

If the tenant intends to rescind or demand refund, that intention should be communicated promptly. Long unexplained occupancy may be used against the tenant.

XIV. Barangay Conciliation and Where to File

Many rental disputes between individuals in the Philippines first pass through barangay conciliation if the parties reside in the same city or municipality and the dispute falls within the system. This is often a procedural prerequisite before court for certain civil claims.

Possible venues after or outside barangay processes include:

Small Claims Court, if the money claim fits the jurisdictional amount and nature of the procedure
regular civil action in the proper first-level or second-level court, depending on the amount and relief sought
administrative or regulatory complaints where applicable
a complaint against a licensed broker, if professional misconduct is involved, through the proper regulatory body

Small Claims Suit

A money-only claim for refund, deposit, advance rent, and proven expenses may fit small claims if the amount is within the allowed ceiling and the relief sought is purely monetary. Small claims is attractive because it is faster and simplified.

But if the tenant wants:

rescission with broader issues,
moral damages,
exemplary damages,
attorney’s fees beyond the usual small-claims setup, or
injunctive or non-monetary relief,

a regular civil case may be more appropriate.

XV. How a Court Is Likely to Analyze the Case

A Philippine court will often ask, in substance:

Was there a meeting of minds that the aircon was part of the rental?
Did the tenant pay because of that representation?
Did the landlord fail to deliver the unit as promised?
Was the breach substantial?
What exact losses followed?
Was the landlord merely negligent, or acting in bad faith?

If the court finds that the aircon was a material part of the deal and that its removal occurred after payment, the tenant’s position is strong. The more deliberate the deception, the broader the possible damages.

XVI. Remedies by Scenario

A. Tenant has not yet moved in

Most likely remedies:

cancel the transaction
recover reservation fee, advance rent, and deposit
recover incidental actual damages
possibly moral and exemplary damages if bad faith is clear

This is usually the cleanest case for rescission.

B. Tenant moved in but complained immediately

Possible remedies:

demand installation or replacement
partial refund or rent reduction
damages for discomfort and related expenses
rescission if the breach is material and continuing

C. Tenant stayed silently for months

The claim is weaker, but not dead. Best arguments:

the landlord repeatedly promised replacement
the tenant stayed only because immediate transfer was impossible
there was no waiver
a reduced rental value should be recognized

D. Tenant bought his own aircon because of the landlord’s refusal

Possible claim:

reimbursement or offset, if justified by the contract and necessity
or at minimum damages reflecting the cost caused by breach

But self-help should be handled carefully. The tenant should preferably make written demand first.

XVII. Is the Missing Aircon a “Substantial” Breach?

Not every missing item justifies cancellation. A missing spoon in a furnished unit is not the same as a missing aircon.

Whether the breach is substantial depends on:

the climate and location
the size and ventilation of the room
whether the unit was marketed as air-conditioned
the difference in rental value with and without aircon
the tenant’s actual purpose, such as home office use or health reasons
whether the aircon was central to the decision to rent
whether replacement was quickly offered

In Philippine urban rentals, an aircon is often a major value component. In many cases, its removal is substantial enough for rescission or refund.

XVIII. Relation to Security Deposit Rules and Fair Dealing

Landlords often hold a strong practical advantage because they already have the money. Philippine law does not permit the deposit to become a penalty tool whenever the landlord is the one at fault.

A landlord generally cannot say:

“You backed out, so I keep everything,”

when the reason the tenant backed out is the landlord’s own material misrepresentation. Contract clauses are interpreted in light of fairness, good faith, and the actual cause of the failed move-in.

XIX. Electronic Evidence and Admissibility

In modern Philippine disputes, the best evidence often comes from digital communications.

Useful electronic evidence includes:

screenshots of Facebook Marketplace posts
Messenger or Viber chats
SMS
emails
digital receipts
bank transfer records
online listing descriptions

Authenticity matters. The tenant should preserve original files, URLs where possible, timestamps, and metadata. Courts do accept electronic evidence, but credibility improves when the materials are complete, chronological, and corroborated.

XX. Sample Legal Theories the Tenant May Plead

A tenant’s complaint may be framed in one or more of these ways:

Theory 1: Breach of Lease Agreement

“The lessor agreed to lease a unit with air conditioner. After receiving payment, the lessor removed the aircon and failed to deliver the premises as agreed. Tenant is entitled to rescission, refund, and damages.”

Theory 2: Fraud in Inducement

“Tenant paid because the lessor or agent falsely represented that the unit included an aircon. Consent was obtained through fraud. The contract is voidable and tenant is entitled to annulment or rescission, return of payments, and damages.”

Theory 3: Abuse of Rights / Bad Faith

“Even assuming ambiguity in the written lease, the lessor acted in bad faith by using the appearance of an air-conditioned unit to induce payment, then changing position after receiving money.”

Theory 4: Price Reduction / Partial Refund

“Tenant chose to remain due to necessity, but the premises delivered were inferior to those promised. Tenant seeks proportionate rent reduction and damages.”

XXI. Drafting and Evidence Issues That Often Decide the Case

The strongest cases usually have these features:

the ad explicitly says “with aircon”
the tenant paid soon after that representation
the payment references identify the unit
the aircon’s presence can be seen in photos or video
the landlord’s later excuse is inconsistent
the tenant objected immediately in writing
the claimed losses are documented

The weakest cases usually have these problems:

no written mention of aircon anywhere
no screenshots preserved
the tenant saw the unit without aircon before paying
the tenant stayed long without complaint
damages are exaggerated and unsupported
the tenant is really complaining about preference, not agreement

XXII. Landlord Counterclaims and How They Interact

Landlords may counterclaim for:

forfeiture of reservation fee
unpaid rent
utility charges
damages to the unit
broker’s commission already earned

These counterclaims succeed only if factually supported and not defeated by the landlord’s own prior breach. A party in substantial breach is in a weak position to enforce forfeiture aggressively.

XXIII. Special Note on “As Is Where Is” Clauses

Some leases say the tenant accepts the unit “as is where is.” That clause does not automatically excuse active misrepresentation.

If the landlord showed and promised an aircon, then later relies on a boilerplate clause to deny it, the clause may not save the landlord from liability. “As is” language is stronger against complaints about visible ordinary defects than against deliberate false inducement.

XXIV. Distinguishing Minor Defect from Misrepresentation

A court will distinguish between:

an honest misunderstanding,
a minor defect,
a repair issue,
and outright misrepresentation.

Examples:

Minor defect: the aircon remote is missing but the unit works.
Repair issue: the aircon leaks and needs servicing, but the landlord fixes it promptly.
Misrepresentation: the unit was marketed and paid for as air-conditioned, then the aircon was removed and the landlord refuses to restore or refund.

The third category creates the strongest refund and damages exposure.

XXV. Can the Tenant Withhold Rent?

This is risky.

Tenants often ask whether they can simply stop paying rent because the aircon was removed. Under Philippine practice, unilateral withholding can expose the tenant to eviction or collection claims unless legally justified and carefully handled.

Safer approaches are:

written demand for compliance
negotiated offset or rent reduction in writing
rescission and surrender if the breach is substantial
filing the proper action

Pure self-help without documentation can backfire.

XXVI. Damages Computation: Practical Examples

Here is how a claim is often structured.

Example A: No Move-In Happened

reservation fee: recoverable
1 month advance: recoverable
2 months deposit: recoverable
moving truck cancellation fee: recoverable if proven
temporary lodging for a few days: recoverable if proven
moral damages: only if bad faith and serious distress shown
exemplary damages: only in egregious fraud
legal interest: possible from demand or judgment, depending on the ruling

Example B: Tenant Stayed but Unit Was Worth Less

monthly fair rental difference: recoverable or offset
cost of portable cooling solution: possibly recoverable if reasonable
inconvenience alone: not enough for large damages unless bad faith
moral damages: only if fraud or bad faith is strong

Example C: Tenant Bought a Replacement Aircon

purchase cost: may be claimed if a necessary substitute caused by landlord’s refusal
installation cost: may be claimed if proven
but the landlord may argue this improved the property or was unauthorized, so facts matter

XXVII. What the Tenant Should Never Do

From a legal standpoint, these are dangerous:

deleting chats after taking incomplete screenshots
relying on phone calls only
moving in without protest if planning to rescind
making inflated claims without receipts
damaging the unit in retaliation
threatening criminal charges without basis
assuming a “non-refundable” label automatically defeats the law

XXVIII. What the Landlord Should Have Done to Avoid Liability

A landlord acting properly should:

clearly state whether the aircon is included
include all appliances in a written inventory
disclose if the aircon is temporary, defective, or excluded
correct inaccurate listings before accepting payment
refund promptly if the represented amenity cannot be delivered
avoid changing terms after money is received

Failure to do these things is what often transforms an ordinary misunderstanding into a damages case.

XXIX. Bottom-Line Legal Conclusions

Under Philippine law, removal of an aircon after payment can create a strong claim for refund and damages when the aircon was part of the agreed rental package or was a material representation that induced the tenant to pay.

The tenant’s best legal bases are usually:

breach of contract
fraud or misrepresentation inducing consent
bad faith
rescission or cancellation
actual, temperate, moral, and exemplary damages in proper cases

The tenant is in the strongest position when:

the aircon was clearly advertised or promised
payment was made because of that promise
the aircon was removed or denied afterward
the tenant objected promptly
losses are well documented

The usual remedies are:

full refund of reservation fee, advance rent, and deposit if the tenant rightfully backs out before move-in
specific performance or replacement of the aircon if the tenant wishes to continue
partial refund or rent reduction if the tenant stays
actual or temperate damages for related losses
moral and exemplary damages where fraud or bad faith is clearly shown
attorney’s fees and interest in appropriate cases

The central rule is this:

A landlord cannot lawfully induce payment by presenting a unit with a material amenity, then remove that amenity and keep the tenant’s money as though nothing changed.

In Philippine civil law, consent must be real, contracts must be performed in good faith, and one who causes loss through misrepresentation or substantial non-performance may be made to return the money and answer for damages.