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Plaintiff,
-versus-Civil Case No. 5678
For: Unlawful detainer,
damages and
attorneys fees
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1.0
2.0
PARTIES
2.1 Plaintiff is a domestic corporation
dulyorganized in accordance with the
laws of the Republic of the Philippines
with principal business address at
1521 Dapitan St., Sampaloc, Manila. It
may be served with notices and other
legal processes of this Hon. Court,
through its counsel-of-record, ATTY.
MIDAS RIZAL, with office address at
No. 1522, Units 407-408, Prime Edifice
Bldg., Dapitan St., Sampaloc, Manila;
2.2 Defendant is a Filipino doing business
under the name and style of Colossus
Trading
withaddress
at
No.
1524Dapitan St., Sampaloc, Manila.
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Defendant.
X----------------------------------------------X
POSITION PAPER
PLAINTIFF: by Counsel, to this Honorable Court by
way of compliance with the order dated January 28,
3.4 . On
March 15, 2012, plaintiff
personally served defendant with a copy of
its letter dated March 10, 2012, demanding
him to settle his arrears in the accumulated
amount of
P400,000.00 representing
monthly rentals from December 2011 to
March 2012, as well as to
vacate and
peacefully turn over the possession of the
leased premises to the plaintiff within a
period of 15 days from receipt thereof but
MIDAS RIZAL
Roll No. 38057
5.0 ARGUMENTS AND DISCUSSIONS
5.1 In the case of Ocampo vs. Tirona, [G.R.
No.147812. April 6, 2005]:
The elements to be proved and
resolved in unlawful detainer cases are
the FACT OF LEASE and EXPIRATION or
VIOLATION OF ITS TERMS.xxx
The following facts support the conclusion
that there was a violation of the lease
agreement:
5.1.1
With
the
abovementioned factual basis
presented,
the
defendant
entered
to
a
Contract
of
Leasewith Acme Realty and
agreed to pay monthly rents of
P50,000.00.
5.1.2
Plaintiff
informed
defendant through a letter dated
November 5, 2011 that bought
the leased premises, from the
previous owner and lessor Acme
Realty.
5.1.3 Defendants continued
occupancy
of
the
leased
premises signifies defendants
acceptance
of
plaintiffs
conditions of lease stated in the
November 5, 2011 letter.
5.1.4 As of March 2012, the
defendant has not paid its rents
corresponding to December 2011
to March 2012 and continued to
stay at the leased premises
despite the final demand letter
that was sent to them dated
March 10, 2012 which
is
analogous to violation of terms
and condition of the contract.
71/731-81
Off.
Tel
Nos.
731-48-17/731-81-
No.
8235965:1-5-12
VERIFICATION
Marcelo Pilar, under oath deposes and says that:
1.0. He is the President of Gollum Realty
Development Corp. (Gollum) and he was
duly authorized to act for and in behalf of
the company to file the present complaint
against defendant on the strength of the
Secretarys Certificate dated April 13, 2012,
copy of
which
is hereto attached as
ANNEX H
hereof;
Notary Public
Until December 31, 2012
PTR No. 23425:1-3-12
IBP No. 648340:1-5-12
Tretorn Plaza, Espana, Manila
Notarial Commission No. 5242325
JUAN DE LA CRUZ
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME this 14 TH
day April 2012. Affiant presented to me his Senior
Citizens ID No. 29986 issued on March 3, 2011.