Writing Postion

8/13/2019 Writing Postion

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Republic of the Philippines

First Judicial Region

MUNICIPAL TRIAL COURT IN CITI!

"aguio Cit#

"ranch $

"ON% "ON%%A&

Plaintiff&

'(ersus'

)*+I MAT!URA&

*efendant,

-' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' -

!P, PROC, NO, ./01

FOR2

UNLA3FUL *TAINR

POSITION FOR THE PLAINTIFF

Plaintiff& b# counsel& 4ost respectfull# sub4its this Position Paper and a(ers that2

Timeliness

The Plaintiff thru counsel recei(ed an order fro4 said Court dated March 55&

605/ re7uiring the Undersigned Counsel to file position paper 8ithin ten 950: da#s fro4

receipt thereof or on or before March 65& 605/ hence said position paper is filed,

Brief statement of the origin and nature of the case

This is a case for UNLA3FUL *TAINR filed b# the herein plaintiff& "ON%

"ON%%A against herein defendant& )*+I MAT!URA in(ol(ing a contract of lease

e-pired located in Manchester United Apart4ents located at No,560 I4elda ;illage&

"aguio Cit#& Philippines, On Ma# 6


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8hich started on June 50& 6055 until June 50& 6056 for a 4onthl# rental of P 5=&000,00

pa#able 8ithin the first fi(e da#s of each ensuing 4onths> a duplicate original of said

contract is hereto 4ar?ed Anne- "& and 4ade part hereof> The ter4 of the lease 4a#

be rene8ed upon 8ritten agree4ent of the parties, )o8e(er& the contract 8as not

rene8ed as stipulated and defendant 8as gi(en an ad(ance notice& infor4ing hi4 that

the contract of lease e-pires on June 55& 6056, A cop# of said notice dated June 6&

6056 and recei(ed b# the defendant on e(en date& duplicate original is 4ar?ed Anne-

C& and 4ade part hereof, On June 55& 6056 and thereafter& despite repeated notice and

de4ands& both oral and 8ritten& defendant un@ustifiabl# refused to (acate and turn o(er

the possession of Apart4ent T'6 to plaintiff,

Statement of the case

This is an action for UNLA3FUL *TAINR co44enced b# "ON% "ON%%A

against )*+I MAT!URA& before the )onorable Court,Plaintiff referred the issue

before the Lupon Tagapa4a#apa of "aranga# I4elda ;illage& "aguio Cit# for a possible

settle4ent, *espite serious efforts& defendant refused to enter into an a4icable

settle4ent 8ith plaintiff, Conse7uentl#& a Certification to File Action 8as issued b# the

Lupon, A duplicate original cop# of the said certificate is hereto attached as Anne- *

and 4ade part hereof, As a conse7uence& he 8as co4pelled to file this suit& and hasincurred actual e-penses in the a4ount of P 5=&000,00 aside fro4 the obligated

attorne#s fees in the a4ount of P 60&000,00,

Statement of the issue

5, 3)T)R OR NOT T) RFU!AL OF T) *FN*ANT IN ;ACATIN% T)

LAN* AN* TO TURN O;R PO!!!!ION TO T) PLAINTIFF I! JU!TIFI*,

6, 3)T)R OR NOT O3NR!)IP I! IMPORTANT IN AN ACTION FOR

UNLA3FUL *TAINR,

The Opinions

An e@ect4ent case for unla8ful detainer is an action to reco(er possession of real

propert# fro4 one 8ho unla8full# 8ithholds possession after the e-piration or


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ter4ination of his right to hold possession under an# contract& e-press or i4plied

8herein the possession of the defendant is originall# legal but beca4e illegal because

of e-piration& or ter4ination of the right to possess 9Union "an? of the Philippines (s,

Maunlad )o4es Inc,& %,R, No, 5100B5& August 5=& 6056:,

Thus& an action for unla8ful detainer is applicable in this case considering that although

the lesseesdefendant 8ere originall# authoriDed to possess the leased pre4ises& the

failure to fulfill their contractual obligations ter4inated their legal right to hold the

propert#,

Note2 There has been a prior de4and fro4 the lessee to pa# and (acate before the

institution of action for unla8ful detainer, Under Section !" Rule #$ of the Rules of

%ourt& the lessor 4a# proceed against the lessee for unla8ful detainer onl# after

de4and to pa# and (acate& to 8it2

EUnless other8ise stipulated& such action b# the lessor shall be co44enced onl# after

de4and to pa# or co4pl# 8ith the conditions of the lease and to (acate is 4ade upon

the lessee& or b# ser(ing 8ritten notice of such de4and upon the person found on the

pre4ises& or b# posting such notice on the pre4ises if no person be found thereon& andthe lessee fails to co4pl# there8ith after 5= da#s in the case of land or fi(e da#s in the

case of buildings,

The action for unla8ful detainer 4ust then be filed before the 4unicipal trial court 8ithin

one #ear after the act of unla8ful depri(ation or 8ithholding of possession& and alleges

that2

5, the defendant originall# had la8ful possession of the propert#& either b# (irtue of a

contract or b# tolerance of the plaintiff>

6, e(entuall#& the defendants possession of the propert# beca4e illegal or unla8ful

upon notice b# the plaintiff to defendant of the e-piration or the ter4ination of the


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defendants right of possession>

/, thereafter& the defendant re4ained in possession of the propert# and depri(ed the

plaintiff the en@o#4ent thereof> and

., 8ithin one #ear fro4 the unla8ful depri(ation or 8ithholding of possession& the

plaintiff instituted the co4plaint for e@ect4ent 9Union "an? of the Philippines (s,

Maunlad )o4es Inc,:,

The Rules of Court also states that if @udg4ent is rendered against the defendant&

e-ecution shall issue i44ediatel# upon 4otion& unless an appeal has been perfected

and the defendant to sta# the e-ecution of their e@ect4ent files a sufficient supersedes

bond& appro(ed b# the 4unicipal trial court and e-ecuted in fa(or of the plaintiff to pa#

the rents& da4ages and costs accruing do8n to the ti4e of the @udg4ent appealed fro4&

and unless& during the pendenc# of the appeal& he deposits 8ith the appellate court the

a4ount of rent due fro4 ti4e to ti4e under the contract& if an#& as deter4ined b# the

@udg4ent of the 4unicipal trial court 9!ec, 51& Rule B& Rules of Court:,

Pra&er

3)RFOR& in (ie8 of the foregoing& the plaintiff pra#s unto this )onorable

Court to render @udg4ent b# ordering the defendant to2

1. ;acate the 8hole pre4ises of unit T'6 of the Manchester United Apart4ents

and turn o(er the possession of the sa4e to the plaintiff>

2. Pa# the reasonable a4ount representing the rent for the occupation of

Apart4ent T'6 counted fro4 the da# the contract e-pired>

3. Pa# b# 8a# of actual da4ages the su4 of P 6=&000,00 representing litigation

and attorne#s fees>

4. Other relief& e7uitable and @ust& under the pre4ises,

"aguio Cit#& Philippines, Jul# B& 6056


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"ON% "ON%%AAffiant

!U"!CRI"* AN* !3ORN to before 4e this B thda# of Jul#& 6056 at "aguio

Cit#& affiant e-hibiting to 4e his *ri(ers License no C55'56/.=$B

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