Republic of the Philippines

4th MUNICIPAL CIRCUIT TRIAL COURT

Lumban-Kalayaan
Lumban, Laguna

ALEJANDRO LAGUARTILLA,
GLICERIA LAGUARTUILLA, and
DEMETRIO LAGUARTILLA, as
rep; by RICKY TORRES, as
Attorney-in-Fact, CIVIL CASE NO. 575
Plaintiff, For: FORCIBLE ENTRY
WITH PRAYER FOR
-versus- TEMPORARY
RESTRAINING ORDER,
LUCITA MONDEZ-DE RAMOS WITH DAMAGES
and all person claiming rights
under her,
Defendants.
x-----------------------------------------------x

POSITION PAPER

PLAINTIFFS, through counsel, and unto this Honorable

Court, most respectfully submit this position paper to wit:

STATEMENT OF THE CASE

This is a case for FORCIBLE ENTRY WITH PRAYER

FOR TEMPORARY RESTRAINING ORDER WITH DAMAGES
(Exh. “A”) filed against the defendant whereby plaintiffs prayed
that the defendant, with her successor-in-interest and privies
who claim right under them, to vacate the properties covered
by OCT No. 21668 and OCT No.3093, pay lost rentals,
lawyers acceptance fee, appearance fee per hearing and
litigation expenses.

THE PARTIES

1. Plaintiffs, ALEJANDRO LAGUARTILLA, GLICERIA

LAGUARTILLA, AND DEMETRIO LAGUARTILLA, are
all of legal ages, Filipinos and with residence and
postal address at Maytalang I. Lumban, Laguna; Tabia
St., Brgy. Salac, Lumban, Laguna and Brgy.
Position Paper
Laguartilla, et.al.
x--------------------------------------------------------------x

Concepcion, Lumban, Laguna, respectively, herein

represented by RICKY TORRES as their Atty-in-fact,
of legal age, Filipino and with residence and postal
address at No. 170 Tabia St., Brgy. Salac, Lumban,
Laguna, evidenced by Special Power of Attorney (Exh
“D”).

2. Plaintiffs are the children and only heirs of their late

father, Pedro Laguartilla, (Death Certificate Exh “H”),
who in turn is the lone child and heir of their late
grandfather, Tranquilino Laguartilla. Tranquilino
Laguartilla is the present registered owner of the lot
subject of this ejectment case;

3. Defendant Lucita Mondez – de Ramos, is of legal age,

married, with residence and postal address at No.
199/165 Tabia St., Brgy Salac, Lumban, Laguna;

STATEMENT OF THE ANTECEDENT FACTS

4. Plaintiffs, namely Alejandro Laguartilla, Gliceria

Laguartilla and Demetrio Laguartilla are the children
and the only heirs of the late Pedro Laguartilla, who
in turn is the lone child and heir of their grandfather,
Tranquilino Laguartilla. Tranquilino Laguartilla is the
present registered owner of that two (2) parcels of land
covered by OCT No. 21668 and OCT No. 3093,
subject of this case, more particularly described as
follows:

A. Original Certificate of Title No.:

22168

A parcel of land (Lot No. 1366

of the Cadestral Survey of Lumban),
with the improvement thereon,
situated in the Municipality of
Lumban, containing an area of two
thousand one hundred and thirty-six
square meters (2,136), more or less.

B. Original Certificate of Title No.:

3093

2
Position Paper
Laguartilla, et.al.
x--------------------------------------------------------------x

A parcel of land (Lot No. 150 of

the Cadastral Survey of Lumban), with
the improvements thereon, situated in
the Municipality of Lumban;
containing an area of TWENTY ONE
THOUSAND THREE HUNDRED AND
TWENTY SIX SQUARE METERS (21,
326), more or less.

5. That in the year 2011 plaintiffs found out that the

subject lots of their grandparents were illegally
occupied by the defendants;

6. Respondents, through stealth and machinations were

able to enter the land without the knowledge and
consent of the herein plaintiffs and their predecessors
in interests after plaintiff’s predecessor in interest
died;

7. Records showed that herein defendants were able to

enter the subject land on the year 1966 for a period of
fifty (50) years since then, because the herein
plaintiffs do not know that their father Pedro
Laguartilla has inherited the land subject of this case
from their grandfather, Tranquilino Laguartilla who is
the registered owner of the land subject matter of this
case;

8. When inquired about why they are in possession of the

land, defendants shows fabricated documents showing
that the subject land were already sold to them, which
when verified with elders and relatives, and with the
Register of Deeds, proved to be fictitious;

9. That for fifty (50) years, plaintiffs, were unable to

receive the fruits of their agricultural property nor
shared in the harvest of the produce of their land;

ISSUE OF THE CASE

3
Position Paper
Laguartilla, et.al.
x--------------------------------------------------------------x

The only issue to be resolved in the present case is

who among the parties is entitled to the possession
of the lot in issue.

ARGUMENTS AND DISCUSSIONS

10. The answer to the above-cited question should be in

favor of the Plaintiffs as they are the legal and lawful
living heirs of the late Pedro Laguartilla, who in turn is
the lone child and heir of their grandfather,
Tranquilino Laguartilla who was the registered owner
of the lot subject of this ejectment case covered by
OCT No. 21668 and OCT No. 3093;

11. Plaintiffs are bonafide and since-birth residents of

the Municipality of Lumban, Laguna, namely:
Alejandro Laguartilla, who is born on 21 September
1941; Gliceria Laguartilla, born oin19 January 1947;
and Demetrio Laguartilla born on 19 April 1949; all
are born from parents Pedro Laguartilla and Herminia
Rana;

12. Plainitff’s father, the late Pedro Laguartilla, was

born on 16 November 1919, is the lone child and heir
of their grandfather, Tranquilino Laguartilla, who was
the registered owner of the lot subject of this ejectment
case;
13. Although no Records of their Birth were found in
the Local Civil Registry of Lumban, Laguna, some of
their friend and neighbors executred a Pinagsamang
Siumpaang Salaysay to prove further that Pedro
laguartilla was indeed the only child of Tranquilino
Laguartilla and Petra de Lumban (Exh “K”);

14. Defendant has only fabricated documents showing

that the subject land were already sold to them, which
when verified with elders and relatives, and with the
Register of Deeds, proved to be fictitious, and the
proofs, to wit:

14.a. A Deed of Partition and Sale dated

20 January 1939, was executed by Petra
de Lumban, wife of Tranquilino Laguartilla
and Liberato Laguartilla, alleged brother of

4
Position Paper
Laguartilla, et.al.
x--------------------------------------------------------------x

Tranqilino Laguartilla duly notarized in

the faith of ___________Notary Public, for
and in the Province of Laguna with Inst.
No, 27, Page No. 71; Book No. III; Series of
1939;

14.b. A Kasulatan ng Bilihang Tuluyan

dated 28 March 1979 was executed by
Tranquilino Laguartilla (died long ago
before Janaury 20, 1939, as per Deed of
Partition and Sale document above) in
favor of Sps. Florentino De Ramos and
Lucita Mondez duly notarized before Hon.
Ramon V. Cajipe, Jr., Mabitac Muncipal
Judge, Notary Public, Ex-Oficio, with Doc
No. 158; Page No. 30; Book No. III, Series
of 1979;

15. The two instruments cited above will clearly prove

that transfer of the property subject of this case was
done illegally because Tranquilino Laguartilla was
already dead a long time ago, as in the instrument of
Deed of Partition and Sale dated 20 January 1939,
clearly indicates that, and we quote:

“DEED OF PARTITION AND SALE

xxx…..
WITNESSETH:

“THAT WHEREAS, one Tranquilino

Laguartilla, married to Petra de Lumban,
DIED in the Municipality of Lumban,
Lagunba, Province of Laguna, P. I., on
______________, wher he was also resding at
the time of his death;”

16. But on 28 March 1979 alleged Tranquilino

Laguartilla executed a Kasulatan ng Bilihang
Tuluyan in favor of Sps. Florentino De Ramos and
Lucita Mondez, the defendant in this case;

17. How come someone who was dead a long time ago
could execute and sign an instrument/documents as
to the sale of his property;

5
Position Paper
Laguartilla, et.al.
x--------------------------------------------------------------x

18. Clearly it would show that Defedant Lucita Mondez

and his late husband falsified all documents regarding
the sales and partitionof all properties subject of thism
case;

19. Therefore, all concluded, documents being

presented as evidence of the defendants are all
fabricated by the defendants and bears no weight at all
and are all fake;

APPLICATION FOR TEMPORARY RESTRAINING

ORDER
1. That since plaintiff since the death of their
grandparents and parents did not benefit from the
harvest from their agricultural land because of their
illegal takeover of the property, an ORDER be issued
to for respondents to be restrained from further acts
of harvesting the produce of the land.

DAMAGES
2. The actual damages sustained by the plaintiff should
be compensated by the defendant, as follows:
a. Lost rentals P200,000.00
b. Lawyers acceptance of this case P 30,000.00
c. Appearance fee per hearing P 3,000.00
d. Litigation expenses in the amount of P30,000.00,
as defendants constrained complainant to litigate
because of the unjustified refusal of the
respondents to vacate the said property.

PRAYER
WHEREFORE, it is respectfully prayed that after due
hearing, a decision be rendered:
a. Ordering defendants and all persons claiming rights
under them, to vacate the premises subject of this
ejectment case.
b. Ordering defendants to pay plaintiff the following
amounts to wit:

6
Position Paper
Laguartilla, et.al.
x--------------------------------------------------------------x

1. Lost rentals P20-0,000.00

2. Lawyers acceptance of this case P 30,000.00
3. Appearance fee per hearing P 3,000.00
4. Litigation expenses in the amount of P30,000.00.

Plaintiff further prays for such other relief just and

equitable under the premises.

Pagsanjan, for Sta. Cruz, Lagauna

23 October 2017

TORADIO R. ESPLANA
Counsel for the Plaintiff
Pagsanjan, Laguna
PTR No.4503896 03 Jan.20167
IBP No.013544 Roll No.52577
MCLE Compliance No. V- 0021982

7
Position Paper
Laguartilla, et.al.
x--------------------------------------------------------------x

VERIFICATION/CERTIFICATION

That I, RICKY V. TORRES, of legal age, married, Filipino,

resident of and with postal address at Brgy Salac, Lumban,
Laguna, in my capacity as Atty-in-fact of Alejandro, R.
Laguartilla, Demetrio R, Laguartilla and Gliceria R.
Laguartilla, after having been duly sworn in accordance with
law hereby depose and state:

1. That I am the Atty-in-fact of my principals, the

plaintiffs in the above entitled case;

2. That I caused the preparation of the foregoing

complaint for Ejectment, the contents thereof being
true and correct of my own personal knowledge;

3. That I have not initiated any other action or

proceedings involving the same issues in the Supreme
Court, Court of Appeals or any other tribunal;

4. That there is no other action or proceedings which

may have terminated the same issues before the
aforementioned bodies otherwise, I bind myself to state
the status of the same to the Honorable Court;

5. That I further undertake that if I should learn

thereafter of a similar action or proceedings that has
been filed or pending before the aforementioned court
or agency I will report the fact within five (5) days
therefrom to this Honorable Court where this sworn
certification is being submitted:

6. That I am executing this verification/certification to

attest to the truth and veracity of the foregoing facts in
compliance with existing laws and regulations
particularly Administrative Circular No.04-09 of the
Honorable Supreme Court which became effective on
April 1,1994.

IN WITNESS WHEREOF, I have hereunto affixed my

signature this __ of _________ in Pagsanjan, Laguna.

8
Position Paper
Laguartilla, et.al.
x--------------------------------------------------------------x

RICKY V. TORRES,
Valid ID No. _____________
Valid Lifetime

SUBSCRIBED AND SWORN to before me this ___ day of

________________, in Pagsanjan, Laguna.

TORADIO R. ESPLANA
Counsel for the Plaintiff
Pagsanjan, Laguna
PTR No.4503896 03 Jan 2017
IBP No.013544 Roll No.52577
MCLE Compliance No.V 0021982

Doc No. _____ ;

Page No._____ ;
Book No._____;
Series of 2017

9
Position Paper
Laguartilla, et.al.
x--------------------------------------------------------------x

PRAYER

WHEREFORE, premises considered, it is most

respectfully prayed to this Honorable Office that this Posistion
paper be noted as Plaintiff’s Compliance with the DAR Order
dated 22 April 2013.

Other reliefs which are just and equitable under the premises
are likewise prayed for.

RESPECTFULLY SUBMITTED.
26 April 2013
Pagsanjan, for Luisiana, Laguna
TORADIO R. ESPLANA
Counsel for Plaintiff
24 Rizal St., Pagsanjan,
Laguna
PTR No. 0494121 02 Jan
2013
IBP No. 907417 31 Jan
2013
Roll No. 52577
MCLE Compliance No. III-
0016970

10