Republic of the Philippines

REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT

City of Mandaluyong

Branch 1

DANIEL PADILLA,

Plaintiff,

CIVIL CASE NO:

FOR: UNLAWFUL DETAINER

-VERSUS-

KATHRINE BERNARDO,

Defendant.

X---------------------------X

POSITION PAPER FOR THE PLAINTIFF

COMES NOW, Defendant assisted by through the undersigned counsel unto this Honorable Court most respectfully submits his position paper:BRIEF STATEMENT OF THE CASE

This a civil case for UNLAWFUL DETAINER filed by the Plaintiff against the Defendant for occupying a house located Mandaluyong City. Allegedly owned by the Plaintiff by virtue of a Lease of Contract.FACTS OF THE CASE

Defendant is a lessee of Mr. Daniel Padilla the known owner of the land located at Mandaluyong City and ever since he started living in such place has not been paying rent to the former. (February 2015 up to present).That sometime on November 2014, Ms. Kathrine Bernardo inquired to rent the subject property in which Mr. Padilla agreed to in consideration of monthly payments of rent amounting to P5,000 a month for 1 year. Copy of the Lease of Contract is hereto attached as Annex B. Came the month of February the Lessee has stopped making payments to the Lessor up to the present time. On May 2015 the Lessor sent a copy of the Demand Letter is hereto attached as Annex B.Mr. Padilla have made repeated attempts to collect but the Lessee refused to make the payments forcing the owner of the subject property to file a case in the Barangay however no settlement was reached, Thus compelling the Plaintiff to file a case in Court. A copy of the Certificate to file Action is hereto attached as Annex D.ISSUES

Whether or not the Defendant incurred delays in the payment of rental dues.DISCUSSION AND ARGUMENTS

The Defendant has no sufficient cause of action against the Plaintiff for the fact that the case involves a question of OWNERSHIP and DEFENDANT admits that he is not paying the rental of the unit to the rightful owner. Hence there was no payment being made and by virtue of the Demand Letter the payment became due and demandable.

Since the filing of the complaint, plaintiff has always asserted that he is the OWNER of the said property and by this reason alone claims the right to possess the rental dues. Plaintiffs right to possess the said dues hinges from the Lease of Contract made by the Plaintiff himself of the property.

After a careful perusal of claims and defenses of both parties the case pending before the Honorable Court is clearly a question of if the defendant has incurred delays in the payment of rental dues.P R A Y E R

WHEREFORE, it is most respectfully prayed before this Honorable Court that the liabilities imposed by the plaintiff be paid by the Defendant includin interest.

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

RESPECTFULLY SUBMITTED.

Quezon City, August 28, 2011.

ABAD LAW OFFICE

Counsel for the Plaintiff

Victoria Court, Room 2

Pasig City

By:

La Verne A. Abad

Roll of Attorney No. 00001

IBP No. 12345/2-5-12/Manila

PTR No. 87654/12-22-11/Manila

MCLE Compliance Certificate No. 00001/ 1/1/2015/Manila

Copy Furnished:

Atty. Jeare AgraCounsel for the DefendantEXPLANATION

A copy of the foregoing Position Paper was served upon the Counsel for the Plaintiff by registered mail with return card due to distance and lack of material personnel to effect personal service.

Atty. La Verne A. AbadVERIFICATION/CERTIFICATION OF FORUM SHOPPINGRepublic of the Philippines )City of Manila ) S.S.

I, DANIEL PADILLA, of legal age, Filipino citizen, single and resident of 123 Benitez Street, Manila, after having been duly sworn to in accord Nance with law do hereby depose and say:

1. That I am the plaintiff in the above-entitled case;

2. That I have caused the preparation of the foregoing complaint and have read the allegations contained therein;

3. The allegations in the said complaint are true and correct of my own knowledge and authentic records;

4. I hereby certify that I have not commenced any other action or proceeding involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending therein;

5. That if I should learn thereafter that a similar action or proceeding has been filed or is pending, I hereby undertake to report that fact within five (5) days therefrom to the court or agency where the original pleading and sworn certification contemplated herein have been filed;

6. I executed this verification/certification to attest to the truth of the foregoing facts and to comply with the provisions of Adm. Circular No. 04-94 of the Honorable Supreme Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 24th of September 2012, in the City of Manila.

DANIEL PADILLA

SUBSCRIBED AND SWORN to before me this 1st day of June, 2014, in the City of Mandaluyong, affiant exhibiting to me:

ID

No.

Issued on/Issued at

1. Drivers License

12345

June 1 2013/Mandaluyong City

2. SSS

12345

June 1 2002/Mandaluyong City

ATTY. TOGE Notary Public

My Commission Expires Dec. 31, 2015 Roll of Attorney No. 45456 IBP No. 12345/2-5-12/Mandaluyong PTR No. 87654/12-22-11/Mandaluyong

Doc. No. __1____Page No. __1____Book No. __1____Series of 2015.