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ABC,
Plaintiff,
COMES NOW, Defendant assisted by the Public Attorney’s Office through the
undersigned counsel unto this Honorable Court most respectfully submits his position
paper:
This is a a civil case for EJECTMENT filed by the Plaintiff against the Defendant
for occupying an adjudged real property located at Macapagal Avenue, Tubod, Iligan City
by virtue of a Contract of Lease.
STATEMENT OF FACTS
1. The Plaintiff is the adjudged co-owner of the real property situated at the lot
Macapagal Avenue, Tubod, Iligan City, a portion of which is occupied by the
Defendant. Attached is a copy of the judgment made by the Court of Appeals
(G.R. CV No. ______) promulgated on 25 April 2016 marked as Annex “A”
declaring the Plaintiff a co-owner of the subject property and made an integral
part hereof. Defendant is of legal age, married, and maintains a Vulcanizing
and Battery Shop at Macapagal Avenue, Tubod, Iligan City.
3. In 2017, the period of lease expired. Plaintiff made several verbal and written
demands to vacate the property and continuously in illegal possession of the
said parcel of land. The final demand letter was made on 23 April 2018 and
received by the Defendant on 24 April 2018, the certification of which from the
Philippine Postal Corporation is hereto attached and marked as Annex “C” and
“C-1”, respectively; and
5. Sometime in 2016, Defendant XYZ learned that a certain Juan, owned the
property he is leasing. In fact, Juan was paying the Real Property Taxes thereof
and a Certificate of Title was issued in his favor.
ISSUE
1. Whether or not the plaintiff has a cause of action and is entitled for claims against
defendant.
2. Whether or not the defendant committed an unlawful detainer
ARGUMENTS
PRAYER
WHEREFORE, the defendant respectfully prays that the reliefs prayed for in the
instant complaint be granted.
RESPECTFULLY SUBMITTED.
I, Minda Nao, of legal age, Filipino, with residence at 456, Purok 9, Brgy. Tibanga,
Iligan City, after being sworn in accordance with the law, hereby depose and state:
That I am the messenger of Atty. Mao Ni Chia, Counsel for the Defendant in Civil
Case No. 12345 for Ejectment (Unlawful Detainer), and that as his messenger, I served
upon the counsel of the adverse party the Position Paper filed in the said case, as follows:
Atty. Naning K. Amot Counsel for the Plaintiff, by personal service and by delivering
personally a copy of the said pleading upon the said lawyer who acknowledged receipt
thereof as shown by his signature or initial on the said pleading, this 1st day of March
2019.
IN WITNESS WHERE, I have signed this affidavit this 1st day of March 2019 at
Iligan City.
Minda Nao
Affiant
Doc. no. 3;
Page no. 7;
Book no. 4;
Series of 2019.