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Republic of the Philippines

NATIONAL JUDICIAL REGION


METROPOLITAN TRIAL COURT
Branch111 , San Juan City
Margarito Andrada,
Plaintiff,
CIVIL CASE NO:
FOR: UNLAWFUL DETAINER
-VERSUSConrado Tolentino,
Defendant.
X---------------------------X
POSITION PAPER FOR THE DEFENDANT
COMES NOW, Defendant assisted by the Public Attorneys
Office through the undersigned counsel unto this Honorable
Court most respectfully submits his position paper:
BRIEF STATEMENT OF THE CASE
This a civil case for UNLAWFUL DETAINER filed by the
Plaintiff against the Defendant for occupying a house located San
Juan City. Allegedly owned by the Plaintiff by virtue of a Lease of
Contract.
FACTS OF THE CASE
Defendant is a lessee of Mr. Margarito Andrada the known
owner of the land located at San Juan City and ever since he
started living in such place has not been paying rent to the
former. (January 2006 up to present). As proof of the foregoing
copies of the receipt are attached herewith and made an integral
part of this position paper as Annex A and B.
That sometime on January 2006, Conrado Tolentino enters
stealthily into my property in San Juan. Mr. Tolentino puts up a
small nipa hut and my friend learned that he is merely
encroaching into my property, because he said that he has no
place to live. Being Kind of a person whos prone to premonitions,
we made a Lease of Contract that we agreed on March 08, 2006.
Copy of the Lease of Contract is hereto attached as Annex A. As
time pass by, I reminded and I have sent him several letters of
demand for the payments of the rentals but Mr. Conrado
Tolentino Have not come forward yet the money and he never
made specific arrangements to pay his balance. A copy of the
Demand Letter is hereto attached as Annex B

The Contract of Lease has already expired and I


have made repeated attempts to collect but he refused
to make the final payment.
I requested him to vacate and just pay the premises but
he take it to grant. Margarito Andrada , is in need of

money and
defendant.

therefore

needs

the

support

of

the

ISSUES
Whether or not the plaintiff has the right to compel the
defendant his rental dues.
DISCUSSION AND ARGUMENTS
The plaintiff has no sufficient cause of action against the
defendant for the fact that the case involves a question of
OWNERSHIP and DEFENDANT admits that he is not paying the
rental of the unit. Hence the defendant has no capabilities to pay
the said rents.
Since the filing of the complaint, plaintiff has always
asserted that she is the OWNER of the said property and by this
reason alone claims the right to possess the rental dues.
Plaintiffs right to possess the said dues hinges from the Lease of
Contract made by the Plaintiff himself of the property.
After a careful perusal of claims and defenses of both
parties the case pending before the Honorable Court is clearly a
question of if the defendant can or cannot pay his or her
liabilities. In case involving question of OWNERSHIP the court
having jurisdiction of the case is the proper REGIONAL TRIAL
COURT as provided for by the Rules.
PRAYER
WHEREFORE, it is most respectfully prayed before this
Honorable Court that the liabilities imposed by the plaintiff be
minimized for me to be able to pay his demands .
Other reliefs just and equitable under the premises are
likewise prayed for.
RESPECTFULLY SUBMITTED.
Quezon City, August 28, 2011.

CONRADO TOLENTINO
Defendant
ASSITED BY:
Department of Justice
Public Attorneys Office
Rm. 107 San Juan City Justice Hall

ATTY. JOHN FERDINEL DELOS REYES


PUBLIC ATTORNEY II
ROLL NO. 51962
IBP NO. 666180 12/28/06 for 07

Copy Furnished:
ATTY. LUIS ALIPIO
Manaloto , Delos Reyes and Associates
Counsel for the Plaintiff
Rm. 103, 2nd Floor, Karen Bldg.,
233 Gen. Ewan St., San Juan City
San Juan City
EXPLANATION
A copy of the foregoing Position Paper was served upon the
Counsel for the Plaintiff by registered mail with return card due to
distance and lack of material personnel to effect personal service.

ATTY. JOHN FERDINEL DELOS REYES

COMPROMISE AGREEMENT
This Agreement executed this 31st day of October, 2013 at Makati, Metro
Manila, by and between:
PEDRO PENDUKO, Filipino, of legal age with address at 222 Montclair
Street, Merville Park, Paraaque, Metro Manila, represented herein by Atty.
Juan Dela Cruz (hereinafter referred to as the plaintiff).
-andENTENG KABISOTE, Filipino, of legal age with address at No. 11 Gold
Loop Street, Ortigas Center, Pasig, Metro Manila, represented herein by Atty.
Maria Makiling (hereinafter referred to as the defendant).
WITNESSETH: That WHEREAS, the plaintiff PENDUKO and defendant KABISOTE have
instituted several actions against each other in the past.

WHEREAS, the plaintiff PENDUKO instituted the present action for


reconveyance of real property, annulment of deed of sale and accounting
of income of property.
WHEREAS, the parties desire to buy peace and wish to avoid a
protracted litigation in this case.
NOW

THEREFORE,

in

consideration

of

the

foregoing

and

the

further covenantshereinafter set forth, the parties agree as follows:


1.

Plaintiff shall be paid the sum of FOUR MILLION PESOS

(P4,000,000.00) in accordance with the following schedule:


a. Initial payment - TWO MILLION PESOS (P2,000,000.00) shall be paid to
the plaintiff by defendant KABISOTE upon the signing and due execution of
this Compromise Agreement, Provided, however, that the initial payment by
defendant KABISOTE shall be delivered into the custody and possession of a
third party, Atty. Maria Mercedes, who shall act as escrow-trustee of the
parties and who shall only deliver the said initial payment to the plaintiff
through plaintiffs counsel upon the filing in Court of this Compromise
Agreement.
b. The balance of TWO MILLION PESOS (P1,000,000.00) shall be paid by
defendant Kabisote as follows:
Second payment - ONE MILLION PESOS (P1,000,000.00)

within sixty

(60) days after the date of the first payment.


Third payment - ONE MILLION PESOS (P1,000,000.00) within forty-five
(45) days after the date of the second payment.
2. The initial payment by defendant KABISOTE shall be made in cash. The
twopayments on the balance shall be covered by post-dated checks drawn by
defendant KABISOTE as payable to ATTY. JUAN DELA CRUZ who shall hold
and account for saidpayments in trust for plaintiff PENDUKO.
3. This Compromise Agreement shall not affect nor prejudice any case or
cases between the parties not specifically referred to herein.
4. Upon delivery of the initial payment made by defendant KABISOTE and
delivered to the escrow-trustee of the parties, the parties shall seek Court
approval of this Compromise Agreement and the cancellation or lifting of the
notice of lis pendens issued by the Court over the property subject of the
action.
5. The signatories to this Agreement hereby represent and warrant that
they are duly authorized to execute this Agreement.

6. The parties or their assigns hereby waive, renounce and forever


quitclaim all their respective claims and counterclaims subject of the instant
action as well as those that may arise therefrom, in connection therewith or in
relation thereto.
7. The foregoing covenants are not contrary to law, morals, or public
policy

and

the

parties

bind

themselves

to comply strictly

with

their

undertakings.
IN WITNESS WHEREOF, parties herein affixed their signatures on
the date and place above written.

_________________________
_________________________
Plaintiff

Defendant

Signed in the presence of:

_____________________________
______________________________

Republic of the Philippines


National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch LXII (62)
Makati City

MARIO BROTHER,
Plaintiff,
- versus Civil Case No. 111222
HELLO KITTY,
Defendant.
x-------------------------------------------x

JOINT MOTION TO DISMISS


COME NOW, the parties, through their counsels, respectfully moves
this Honorable Court to dismiss the above-caption case with prejudice, as

they have already settled amicable all claims in dispute and have agreed to
forever mutually waive, all claims and counterclaims raised, or which could
have been raised, by them against each other in the instant action.
WHEREFORE, in view of the foregoing, it is respectfully prayed before
his Honorable Court, that the instant action, including all claims the parties
have

against

each

other,

be

DISMISSED,

with

prejudice.

Makati City, Philippines. August 5, 2013.

ATTY. ANGHEL LOCSIN

ATTY. JOHN CRUZ

Counsel for Plaintiff

Counsel for Defendant

NOTICE OF HEARING
THE BRANCH CLERK OF COURT
MeTC - Branch 62
Makati City
Greetings!
Please

take

notice

that

the

undersigned counsel will

submit

the

foregoing Motion to the Honorable Court on August 27, 2013 at 8:30 in the
morning for its favorable consideration and approval.

ATTY. ANGHEL LOCSIN

ATTY. JOHN CRUZ