Republic of the Philippines

Third Judicial Region

METROPOLITAN TRIAL COURT IN CITIES
City of San Jose Del Monte
Province of Bulacan
Branch 3

SPOUSES RUBEN R. CABRERA

And CORNELIA SP CABRERA,
Plaintiffs,

Vs. Civil Case No. 016-SJ-2016

For: UNLAWFUL DETAINER

MARISSA FELICIANO and

LOIDA PESIMO and all persons
Claiming rights under them,
Defendants.
x- - - - - - - - - - - - - - - - - - -x

DEFENDANTS POSITION PAPER

DEFENDANT MARISSA FELICIANO, though the undersigned counsel, unto

this Honorable Court, most respectfully submits this Position Paper, and states
THAT:

STATEMENT OF THE CASE

Plaintiff spouses filed its complaint dated April 30, 2016 against the defendant
for unlawful detainer, the same docketed as Civil Case No. 016-SJ-2016.

Plaintiff admitted that they are residing in Del Monte Heights, Brgy. Kaypian,
City of San Jose del Monte, Bulacan. On the other hand, plaintiff admitted that the
address of the defendants is in Del Monte Heights, Bgry. Kaypian, City of San Jose
del Monte, Bulacan.

STATEMENT OF THE FACTS

Defendants were occupants of a large portion of the lot covered by TCT No.
040-2013029841 before plaintiffs bought the property to herein defendants mother-
in-law Beatriz Borcena Feliciano;

Defendant and her family are the lawful possessors of the subject property.
The subject property is owned by Beatriz Borcena Feliciano which is covered by
Transfer Certificate Title No. T-35599 P(M). Attached is the Transfer Certificate of
Title as Annex 1.
 Plaintiffs are claiming a different parcel of land. It is very clear from their
evidence that the parcel of land registered under their names is Lot 1 Blk 6 of the
Subd. Plan (LRC) PSD-31211 being a portion of the parcel of land described on Plan
PSU-50959, LRC Rec. No. N-12861, situated in the Bo. Of Sto. Cristo, Mun. of San
Jose del Monte, Prov. Of Bulacan;

On the other hand, defendant is actually occupying Lot 3-A of the subd. Plan
Psd-03-092140, being a portion of lot 3 (LRC), PCS-30867 LRC Rec.), situated in
the Bo. Of Kay-Pian, Mun. of San Jose del Monte, Prov. Of Bulacan, a different lot
Plaintiffs are claiming.

ISSUES

WHETHER THE DEFENDANT MARRISSA FELICIANO IS LIABLE TO THE

PLAINTIFF.

WHETHER THE CASE AGAINST DEFENDANTS SHOULD BE DISMISSED.

DISCUSSIONS

DEFENDANT IS NOT LIABLE

TO THE PLAINTIFFS
----------------------------------------------------
Plaintiffs failed to state cause of action
-----------------------------------------------------

The Plaintiffs have been claiming the parcel of land being occupied by
Defendant and her family and even caused the tearing down of the concrete fence,
which was the subject of a criminal case before Municipal Trial Court in Cities of the
City of San Jose del Monte, Branch 3 for Unjust Vexation, where plaintiff spouses
had settled with the defendant. The said case was also due to the same land
dispute.

Plantiffs are claiming a different parcel of land. It is very clear from their
evidence that the parcel of land registered under their names in Lot 1 Blk 6 of the
Subd. Plan (LRC) PSD-31211. Being a portion of the parcel of land described on
Plab PSU-50959, LRC Rec. No. N-17273, LRC Case No. N-12861, situated in the
Bo. Of Sto. Cristo, Mun. Of San Jose del Monte, Prov. Of Bulacan. (Annex A of the
Complaint).

On the other hand, Defendant is actually occupying Lot 3-A of the subd. Plan
PSD-03-092140, being a portion of Lot 3 (LRC) PCS-30867 LRC Rec.) situated in
the Bo. Of Kay-pian, Mun. Of San Jose del Monte, Prov. Of Bulacan, a different lot
Plaintiffs are claiming. Attached hereto is the Certification of Barangay Chairman that
she is a bonafide resident as Annex 2.

2
 That clearly, Plaintiffs do not have any cause of action against the Defendant
and that their case against the latter is frivolous and only meant to harass the
Defendant herein. Hence, the case should be dismissed.

A complaint states a cause of action if it sufficiently avers the existence of the

three (3) essential elements of a cause of action, namely: ( a) a right in favor of the
plaintiff by whatever means and under whatever law it arises or is created; ( b) an
obligation on the part of the named defendant to respect or not to violate such right;
and (c) an act or omission on the part of the named defendant violative of the right of
the plaintiff or constituting a breach of the obligation of defendant to the plaintiff for
which the latter may maintain an action for recovery of damages. If the allegations of
the complaint do not state the concurrence of these elements, the complaint
becomes vulnerable to a motion to dismiss on the ground of failure to state a cause
of action.1

While the Complaint does allege that plaintiff was the registered owner of the
subject properties in dispute, nothing in the said pleading or its annexes would show
the basis of that assertion, either through statements/documents tracing the root of
plaintiffs title or copies of previous certificates of title registered in their name and
which the subject property is different from the Complaint. Instead, the certificates of
title covering the subject property that was attached to the Complaint are not the
same property in question. This leads to the logical conclusion that plaintiffs right to
the property in question remains ostensibly unfounded.

PLAINTIFF IS LIABLE TO
DEFENDANTS FOR DAMAGES
-------------------------------------------

This complaint filed by plaintiff is malicious and a pure harrassment intended

only to put to shame and embarrassment to defendant Marissa Felciano. With this
unfounded suit by plaintiff and attempting to dispossess the defendant of her lawful
possession of the subject property, defendant Marissa Feliciano suffered sleepless
nights, anxieties and undue stress. Thus entitles her to be compensated for moral
damages in the amount to be determined by the Honorable Court.

Considering the bad faith of the Plaintiff in filing the instant case and causing
the full payment of the subject property despite her execution of the Deed of
Assignment in favour of the father of the defendant, the latter is entitled to exemplary
damages in the amount determined by the Honorable Court.

The defendant was constrained to secure the services of an attorney.

Defendant is entitled to attorneys fees and cost of suit.

WHEREFORE, premises considered, it is most respectfully moved that this

case be dismissed and to render judgment in favor of the defendant directing plaintiff
to pay defendants for damages as sought for in their counterclaim.

1
Abacan, Jr. v. Northwestern University, Inc., 495 Phil. 123, 133 (2005)

3
 Other just and equitable reliefs under the circumstances are also prayed for.

City of San Jose del Monte, Bulacan, August 9, 2017.

PUBLIC ASSISTANCE LEGAL AID UNIT (PALAU)

Counsel for Defendant
Office of the City Legal Service,
3rd Floor, City Hall Bldg.
City of San Jose del Monte, Bulacan

By:

ANTONIO D. ANDRES JR.

Roll No. 59469
PTR No.1462635; 1/09/2017; CSJDM, Bulacan
IBP No.1041018; 1/9/2017; Bulacan
MCLE Compliance No. V-0018549/4-15-16

Copy Furnished:

ATTY. RANDY G. SERRANO

Serrano Alis Law Office
#358 AJ Bldg., A. Mabini St.,
Caloocan City

EXPLANATION

A copy of this position paper is being furnished to plaintiffs counsel not by

personal service but by registered mail due to time constraint.

ATTY. ANTONIO D. ANDRES JR.

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 VERIFICATION

I, MARISSA FELICIANO, of legal age and Filipino, after having been duly
sworn to in accordance with law, depose and state THAT:

I am one of the defendants 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.

AFFIANT SAYETH NAUGHT.

IN WITNESS WHEREOF, I hereunto set my hand this ___ day of

_____________ 2017 at City of San Jose del Monte, Bulacan

MARISSA L. FELICIANO
Affiant

SUBSCRIBED AND SWORN to before me this ___________________ at City

of San Jose del Monte, Bulacan. Affiant exhibited competence of identity
____________________________________________.

NOTARY PUBLIC

Doc. No._______;
Page No. ______;
Book No. ______;
Series of 2017.