Republic of the Philippines

8TH JUDICIAL REGION

Municipal Trial Court
Branch 3, Tacloban City

AQUA A. MAN,
Plaintiff,

- versus - Civil Case No. 188654-c

For: Unlawful Detainer
CAPTAIN C. AMERICA
Defendants.
x--------------------------------------x

POSITION PAPER FOR THE PLAINTIFF

PLAINTIFF, by Counsel, to this Honorable Court by way of

compliance with the order dated August 2, 2019, copy of which was
received on August 4, 2019, respectfully submits this position paper
and in support thereof alleges as follow:

STATEMENT OF THE CASE

This is a Civil Case for UNLAWFUL DETAINER filed by the

plaintiff against the defendant for illegally occupying a two-story
residential building, having the residential address of PV 123, Block
21, Lot 22, Petersville Subdivision, Brgy. 25, Tacloban City, the same
docketed as Civil Case No. 188654-c.

FACTS OF THE CASE

Plaintiff is the absolute owner and lessor of the residential two-

story house mentioned in the immediately preceding paragraph, as
evidenced by the Tax Declaration 123313, hereto marked as Exhibit
“A”. Defendant is the lessee of the same housing unit, as evidenced
by the Contract of Lease executed and signed by both parties on
June 26, 2018, hereto marked as Exhibit “B” to “B-1”.

On June 27, 2019, the same contract of lease has expired,

hereto marked as Exhibit “B-2”. Consequently, on July 15, 2019,
herein plaintiff verbally ordered the defendant to vacate the subject
property, but the latter blatantly refused claiming that it was a “DEED
of SALE” which the parties signed and not a “CONTRACT OF
LEASE.”

On July 20, 2019, the plaintiff sent a written final demand letter
to the defendant, again, ordering him to vacate the premises, hereto
marked as Exhibit “C”. However, the defendant refused to vacate the
house unit and even invited relatives to stay with him. A copy of the
written testimony of Mr. Mario Maurer, who served the same demand
letter is attached and marked hereto as Exhibit “D”.

The defendant claims that a written agreement extending the

duration of the contract of lease from June 27, 2019 to October 26,
2019 has been executed by both parties. This is not true. The truth of
the matter is, the said proposal for extension agreement was merely
received by Maurio Maurer, the personal driver of herein plaintiff.
Herein plaintiff did not in anyway enter into such agreement, nor did
he authorize Mr. Maurer to that effect.

Before filing the complaint, this dispute has been referred to the
Lupong Tagapamayapa of Brgy. 25, Tacloban City, but no settlement
has been reached, hereto marked as Exhibit “E”.

ISSUE

WHETHER OR NOT THE DEFENDANT SHOULD BE EJECTED

FROM THE SUBJECT PROPERTY, UPON THE EXPIRATION OF
THE LEASE AGREEMENT.

DISCUSSIONS
-----------
DEFENDANT SHOULD BE EJECTED
FROM THE SUBJECT PROPERTY.
-----------

In the case of Ocampo vs. Tirona, the High Court ruled that in
unlawful detainer cases, the FACT OF LEASE AND EXPIRATION OR
VIOLATION OF ITS TERMS should be proved and resolved.

The following facts support the conclusion that there was a

violation of the lease agreement:

1. With the above-mentioned facts, the defendant entered into a

Contract of Lease with the plaintiff and agreed to pay Php
25,000 monthly rent.
2. The Contract of Lease executed and signed by the parties on
June 26, 2018, has expired on June 27, 2019.
3. On July 15, 2019, upon the expiration of the said Contract of
Lease, the plaintiff verbally demanded that the defendant
vacate the property, but he refused.
4. As of August 2, 2019, the defendant continued occupying the
subject property, despite the final demand letter sent to him on
July 20, 2019, which is analogous to violation of its terms and
conditions.

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 PRAYER/ RELIEF

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that judgement be rendered in favor of
the plaintiff and that after judgement:

1. The defendant shall vacate the house unit owned by the

plaintiff; and
2. The defendant shall be ordered to pay P 120, 000 for the
Attorney’s Fees.

RESPECTFULLY SUBMITTED.
Tacloban City, August 7, 2019

ATTY. MELANI C. CALCETA

Counsel for the Plaintiff
Rm. 4 2/F Philam Life Building
Brgy. 25, Tacloban City
Roll of Attorneys No. 42481
PTR No. 18909595, July 1, 2017, Tacloban City
IBP No. 693095, July 1, 2017, Tacloban City
MCLE Compliance No. IV-0009876, 07/02/2017
melaniccalceta@gmail.com

Copy Furnished by personal service:

ATTY. KA LABAN
Counsel for the Defendant
Rm. 3 2/F Philam Life Building
Brgy. 25, Tacloban City

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 VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING

I, AQUA A. MAN, of legal age and Filipino, after having been

duly sworn to in accordance with law, depose and state THAT:

I am the plaintiff in the above entitled case; I have caused the

preparation of the foregoing document and I have read the same and
the contents of which are true and correct of my own knowledge
and/or on the basis of authentic documents.

I have not commenced any other action or proceeding involving

the same issues in any other court, tribunal or agency. To the best of
my knowledge and belief, no such action or proceeding is pending in
any other court, tribunal or agency. If I should thereafter learn that a
similar action or proceeding has been filed or pending before any
court, tribunal or agency, I undertake to report the same within five (5)
days therefrom to this Honorable Court.

AFFIANT SAYETH NAUGHT.

In witness whereof, I hereunto affix my signature this August 7,

2019.

AQUA A. MAN
Affiant

REPUBLIC OF THE PHILIPPINES)

TACLOBAN )SS.

SUBSCRIBED AND SWORN to before me this August 7, 2019;

affiant exhibiting to me his TIN I.D. No. 107-945-748-00.

WITNESS MY HAND AND SEAL August 7, 2019.

DOC. NO._______
PAGE NO._______ NOTARY PUBLIC
BOOK NO._______
SERIES OF 2019.
ATTY. MIKAELA TAN
Notary Public until December 30, 2019
Rm. 4 2/F Philam Life Building
Brgy. 25, Tacloban City
Roll of Attorneys No. 42481
PTR No. 18909595, July 1, 2017, Tacloban City
IBP No. 693095, July 1, 2017, Tacloban City
MCLE Compliance No. IV-0009876, 07/02/2017
Mikaela.tan@gmail.com