JUDICIAL FORMS (SUMMARY PROCEEDINGS) EJECTMENT (FORCIBLE ENTRY) COMPLAINT Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT QUEZON CITY Branch 031 JUAN AYSION SANTOS Plaintiff, -versusJOHN CHIU CO CIVIL CASE No. Q-12345 For: EJECTMENT (FORCIBLE ENTRY)

Defendant. x - - - - - - - - - - - - - - - - - - - - - - - - - - -x COMPLAINT PLAINTIFF, through the undersigned counsel, and unto this Honorable Court most respectfully submits this Complaint for Forcible Entry and in support hereof makes the following assertions: 1. Plaintiff JUAN AYSION SANTOS, is residing at #123 Narra St., Fairville, Quezon City, where he may be served with court order and other processes; 2. Defendant JOHN CHIU CO is a resident of #123 Acacia St., Fairville, Quezon City where he may be served with summons, order and other court processes; 3. Plaintiff became owner of a certain parcel of land, through a Deed of Sale from the original owner, JANICE DY LEE. (A copy of the Deed of Sale is hereto attached as Annex “A”); 4. The parcel of land, situated in #129 Fairville, Barangay Pangsy, Quezon City, is covered by Transfer of Certificate of Title No. 12345 issued by the Register of Deeds od Quezon City and is more particularly described, as follows: (Description) (Copy of TCT- 12345 is hereto attached as ANNEX “B”); 5. Herein Defendant, through stealth and strategy, occupied the parcel of land in question and refuses to vacate the same despite repeated oral and written demands. (Copy of the written demand is hereto attached as Annex “C”); 6. The same acts of the Defendant compelled the Plaintiff to incur damages consisting of attorney’s fees in the amount of Thirty thousand pesos (P30,000.00) pesos and filing fee, cost of transportation and other 1

JUDICIAL FORMS (SUMMARY PROCEEDINGS) miscellaneous accommodation of its lawyers and other personal expenses to be incurred in attending the hearings of this case in the amount of FIFTY THOUSAND PESOS (Php 25,000.00). 7. This action is governed by the Rules on Summary Procedure;

PRAYER WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court that, after the proceedings, judgment be rendered in favor of the Plaintiff and ordering the Defendant and all persons claiming rights under him to: (a) Permanently VACATE the premises in question and give the immediate right of possession to the Plaintiff; (b) Pay plaintiff the amount of Thirty Thousand Pesos (P30,000.00) by way of attorneys fees and Twenty Five Thousand Pesos (P25,000.00), by way of other litigation expenses; and, (c) Pay the cost of this suit. Plaintiff prays for such other remedies and reliefs as may be deemed just and equitable under the premises. May 1, 2011. Quezon City, Metro Manila.

ATTY. PHOEMELA G. CRUZ Counsel for Plaintiff Quezon City Roll of Attorneys No. 1234567 IBP No. A-1234567 PTR No. A- 1234567 MCLE No. A-1234567

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SAN Notary Public Until December 31. 1234565 Issued On: May 4. 2011 Issued At: Quezon City SUBSCRIBED AND SWORN to before me.FORUM SHOPPING I. 1. 2012 Doc. 1st ATTY. Philippines. affiant having ex habited to me his Drivers License No. Furthermore. 3 . depose and attest: That I am the petitioner in the above-titled case. this day of May 2012. Philippines. I hereby bind myself to inform the Court of such fact within five (5) days from the discovery thereof. No. City of Quezon. I have hereunto set our hand this 1st day of May 2012. IN WITNESS WHEREOF. Metro Manila. Court of Appeals or any other tribunal or agency and that. Page No. 1. Book No. 2013 PTR No. of legal age. Philippines. should there be any other such case/s that may have been filed. 1. JUAN AYSION SANTOS Affiant CTC No. DAN B. I hereby certify that I have not filed nor caused to be filed any other similar case involving the same issues in the Supreme Court. issued at Quezon City. Metro Manila.JUDICIAL FORMS (SUMMARY PROCEEDINGS) VERIFICATION AND CERTIFICATION AGAINST NON. that I have caused the preparation of the foregoing petition and understood the contents thereof. City of Quezon. in the City of Quezon. after being duly sworn to in accordance with law. Series 2012. and I hereby declare that all the allegations contained therein are true and correct according to my knowledge and belief. A-123056 Issued at Quezon City On January 1. JUAN AYSION SANTOS. ___________.

DEFENDANT specifically DENIES the allegations in paragraph 5 since he was given authority by JANICE DY LEE to occupy the land.. The Defendant’s further pray for any and all relief and remedies fitting and proper under the premises. 4 . 2.... Q-12345 For: EJECTMENT (FORCIBLE ENTRY) Defendant.x ANSWER COMES NOW THE DEFENDANT JOHN CHIU CO. Dismissing the complaint with costs against the plaintiff. the answering defendant. Plaintiff.JUDICIAL FORMS (SUMMARY PROCEEDINGS) EJECTMENT (FORCIBLE ENTRY) ANSWER Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT QUEZON CITY Branch 031 JUAN AYSION SANTOS........ x..... and unto this Honorable Court most respectfully submits that: 1. -versusJOHN CHIU CO CIVIL CASE No.... DEFENDANT ADMITS the allegations in paragraph 1 and paragraph 2 of complaint insofar as they relate to their personal circumstances.. and 2.. through the undersigned counsel.. PRAYER WHEREFORE... most respectfully pray for judgment: 1.

hereby depose and state that I. SHU B. A-123467 IBP No. B-124843 Issued at Quezon City On March 3. June 01. Fairville. caused the preparation of the foregoing Answer. A123457 VERIFICATION I. 2012 JOHN CHIU CO Defendant CTC No. A-1234557 MCLE No. and residing at 123 Acacia St. of legal age.A-123456 PTR No.JUDICIAL FORMS (SUMMARY PROCEEDINGS) City of Quezon. PHOEMELA G. CRUZ Quezon City 5 . Filipino. that I have read and understood the contents thereof and that the same are true and correct as to the best of our knowledge and belief. JOHN CHIU CO. the defendant in the present case. June 01. Metro Manila after having been duly sworn in accordance with law. 2012 Copy furnished: ATTY. Quezon City. SAY Counsel for Defendant Quezon City Roll of Attorneys No. City of Quezon.. 2012 ATTY.

2012 ATTY..... 2.... Plaintiff respectfully prays that judgment be rendered in his favor in accordance with the original prayer set forth in the plaintiff’s complaint....... Plaintiff. A-1234567 IBP No. -versusJOHN CHIU CO. CIVIL CASE No.. May 4. In the Defendant’s Answer.JUDICIAL FORMS (SUMMARY PROCEEDINGS) EJECTMENT (FORCIBLE ENTRY) REPLY Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT QUEZON CITY Branch 031 JUAN AYSION SANTOS.. PRAYER WHEREFORE.... PHOEMELA G.. the said defendant stated that plaintiff allowed him to use the premises of the lot..-x REPLY COMES NOW Plaintiff through the undersigned counsel and hereby respectfully states that: 1. Defendant is evidently misleading the court in denying the existence of the cause of action.. x ...A-1234567 6 . Q-12345 For: EJECTMENT (FORCIBLE ENTRY) Defendant.. CRUZ Counsel for Plaintiff Quezon City Roll of Attorneys No.. Quezon City.

. respectfully submits this Position Paper in the above entitled case.. Plaintiff. 2. Plaintiff became owners of a certain parcel of land.... CIVIL CASE No.JUDICIAL FORMS (SUMMARY PROCEEDINGS) PTR No... A1234567 EJECTMENT (FORCIBLE ENTRY) POSITION PAPER Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT QUEZON CITY Branch 031 JUAN AYSION SANTOS.. JANICE DY LEE. Defendant JOHN CHIU CO is a resident of #123 Acacia St.. Q-12345 For: EJECTMENT (FORCIBLE ENTRY) 7 . -versusJOHN CHIU CO. Quezon City... order and other court processes.. unto this Honorable Office. is a resident of #123 Narra St. Fairville... Defendant. FACTS OF THE CASE 1. Plaintiff now prays for the ejectment of the defendant and the payment of damages.-x POSITION PAPER FOR THE PLAINTIFF PLAINTIFF.. A-12345567 MCLE No.. x .... through a Deed of Sale from the original owner.. 3.... and alleges that: THE CASE The case arose from the stealthy strategic usurpation of the defendant of the property of the herein plaintiff. Quezon City where he may be serve with summons... Plaintiff JUAN AYSION SANTOS. Fairville... where they may be served with court order and other processes. by counsel.

an ejectment for forcible entry case may be filed against the usurper 2. through stealth and strategy. Whether or not defendant should be ejected.000. Barangay Pangsy. where a person unlawfully deprives another of his property. A-1234567 IBP No. City of Quezon.00) and other litigation expenses consisting of filing fees.JUDICIAL FORMS (SUMMARY PROCEEDINGS) 4. Metro Manila covered by TCT No. cost of transportation and other miscellaneous expenses to be incurred in attending the hearings of this case at TWENTY FIVE THOUSAND PESOS (Php 25.A-1234567 PTR No. ISSUE 1. The same acts of the Defendant compelled the Plaintiff to incur litigation expenses consisting of attorneys fees in the amount of THIRTY THOUSAND (Php 30. The parcel of land is situated in 129 Fairville. 5. 6.00). A1234567 8 . despite repeated demand. Under the Civil Code. A-12345567 MCLE No. RESERVATIONS Plaintiff respectfully reserves its right to file supplemental pleadings or adduce additional evidence in due course of the proceedings whenever necessary and proper. refused to vacate the land. occupied the parcel of land in question.000. CRUZ Counsel for Plaintiff Quezon City Roll of Attorneys No. ARGUMENTS 1. 2. 12345. That herein Defendant. Quezon City. PRAYER WHEREFORE. PHOEMELA G. plaintiff prays that the reliefs prayed for in the instant complaint be granted. 7. Whether or not plaintiff is entitled to damages. May 4. That Defendant. the plaintiff is entitled to moral and actual damages. 2012 ATTY. Under the Rules of Court.

.. Quezon City where he may be serve with summons. unto this Honorable Office. 2-A-1 situated at Barangay Pangsy. City of Quezon.-x POSITION PAPER FOR THE DEFENDANT DEFENDANT. Barangay Pangsy.. The subject matter of this action is a piece of land identified as in #129 Fairville. with residence and postal address at #123 Narra St. by counsel.123456 issued in the name of the late JUANA DELA CRUZ -SANTOS registered in the Registry of Deeds of Quezon City. 9 .... City of Quezon under OCT No. Copy of TCT. JANICE DY LEE Copy of the Deed of Sale is hereto attached as Annex “A”. through a Deed of Sale from the original owner. x .. and alleges that: THE CASE The is an action for Forcible Entry commenced by the Plaintiff JUAN AYSION SANTOS against the defendant JOHN CHIU CO.. 3. 2. Q-12345 For: EJECTMENT (FORCIBLE ENTRY) Defendant.. Plaintiff JUAN AYSION SANTOS.... Fairville.. respectfully submits this Position Paper in the above-titled case.. CIVIL CASE No. where they may be served with court order and other processes. Plaintiff became owner of a certain parcel of land... Plaintiff.JUDICIAL FORMS (SUMMARY PROCEEDINGS) EJECTMENT (FORCIBLE ENTRY) POSITION PAPER Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT QUEZON CITY Branch 031 JUAN AYSION SANTOS.. Metro Manila.. Defendant JOHN CHIU CO is a resident of #123 Acacia St.... order and other court processes. -versusJOHN CHIU CO....... Quezon City.12345 Lot No. FACTS OF THE CASE 1. Fairville.

ARGUMENTS 1. The parcel of land is situated in #129 Fairville. etc. which the Plaintiff should also be held answerable therefore. ISSUE 1. In this case. Barangay Pangsy. The same acts of the Plaintiff compelled the Defendant to incur litigation expenses consisting of filing fee. This would only show that defendant was in a threat of losing the subject land which they lawfully acquired through the permission of JANICE DY LEE.00). Copy of TCT. 5. On May 19. and (c)That such person has real title over such property. 7. Whether the defendants can be ejected by forcible entry under Rule 70 Section 1 of the Revised the Rules of Court. 8. 2012 the defendants were surprised that plaintiff JUAN AYSION SANTOS approached and informed him that he was the lawful owner of the land and they acquired it through a sale because their mother never sold the said property when she was alive. 2012 the defendant received a summon from the Metropolitan Trial Court to answer for a complaint filed against them for forcible entry.000.. JOHN CHIU CO took possession of the property under Lot No. On April 15. 6. fixed at FIFTY THOUSAND PESOS (Php 50. That as early 2002. cost of transportation and other miscellaneous accommodation of its lawyers and other personal expenses to be incurred in attending the hearings of this case. 2-A-1 and constructed a nipa hut thereon. The defendants cannot be ejected on the subject land for the reason that for forcible entry to attach the following circumstance must concur: (a)That the person is deprived of his property. the Defendant made no deprivation of possession on the Plaintiff because the property was already in his possession and the plaintiff started to claim such land on April 2012 based on the alleged sale of JANICE DY LEE to the Plaintiff. intimidation. This means that plaintiff was never in possession of the property as one of the elements of forcible entry. On June 1.12345 is hereto attached as ANNEX “B”. strategy or stealth. City of Quezon. Moreover the plaintiff has never been in possession of such land from the time it was acquired by the defendants. 2012 the defendant thru the undersigned counsel filed an answer to the complaint. threat. (b)That such deprivation is due to force. RESERVATIONS 10 . Metro Manila.JUDICIAL FORMS (SUMMARY PROCEEDINGS) 4.

defendant prays that the reliefs he prayed for in his complaint be granted and any other reliefs which the court may award to the plaintiff which is just and equitable under the circumstances. 2012 ATTY. A-12345567 MCLE No. A1234567 11 . May 4. SHU B. SAY Counsel for Defendant Quezon City Roll of Attorneys No.A-1234567 PTR No. Quezon City. A-1234567 IBP No. PRAYER WHEREFORE.JUDICIAL FORMS (SUMMARY PROCEEDINGS) Plaintiff respectfully reserves its right to file supplemental pleadings or adduce additional evidence in due course of the proceedings whenever necessary and proper.

The plaintiff shall drop this civil case against the defendant. Quezon City AGREE as follows: 1.. Quezon City AND JOHN CHIU CO.. 2..... That JOHN CHIU CO shall pay for the rent on the property including back rentals. Plaintiff. Branch 031. resident of #123 Narra St... and sign this Agreement. the Parties hereto have mutually and voluntarily agreed to the above stipulations.. Fairville. x .JUDICIAL FORMS (SUMMARY PROCEEDINGS) EJECTMENT (FORCIBLE ENTRY) ARBITRATION / COMPROMISE AGREEMENT Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT QUEZON CITY Branch 031 JUAN AYSION SANTOS.... Defendant..-x COMPROMISE AGREEMENT THE UNDERSIGNED PARTIES JUAN AYSION SANTOS... Q-12345 For: EJECTMENT (FORCIBLE ENTRY) JUAN AYSION SANTOS Plaintiff Assisted by: JOHN CHIU CO Defendant 12 .... Fairville.. on this 15th day of July. resident of #123 Acacia St.. IN WITNESS WHEREOF.... -versusJOHN CHIU CO .. CIVIL CASE No.. 2012 for the consideration and approval of the Honorable Court.. at the METROPOLITAN TRIAL COURT of Quezon City..

cost of transportation and other miscellaneous accommodation of its lawyers and other personal expenses to be incurred in attending the hearings of this case.. ASE Mediation-Supervisor/Coordinator E J E C T M E N T (UNLAWFUL DETAINER) COMPLAINT Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT QUEZON CITY Branch 031 JUAN AYSION SANTOS Plaintiff. That defendant’s lease expired 2 months ago.-x COMPLAINT PLAINTIFF. x .. 4. Fairville... Thereafter...... Quezon City by the defendant was by a contract of lease with or by tolerance of the plaintiff. Quezon City where he may be served with summons. such possession became illegal.. That defendant refused to turn over the said property even after demand to do so is made thus.. order and other court processes... 5.. The same acts of the Defendant compelled the Plaintiff to incur litigation expenses consisting of filing fee. etc. where they may be served with court order and other processes.JUDICIAL FORMS (SUMMARY PROCEEDINGS) JUSTIN C. 6. Fairville... 2. 3.. fixed at FIFTY 13 CIVIL CASE No... Fairville. Quezon City..... H-12346 For: EJECTMENT (UNLAWFUL DETAINER) . the defendant remained in possession of the property and deprived the plaintiff of the enjoyment thereof. and unto this Honorable Court most respectfully submit this Complaint for Unlawful Detainer and in support hereof makes the following assertion: 1. Defendant JOHN CHIU CO residence and postal address is at #123 Acacia St... BERN Mediator JESICA A... through the undersigned counsel. -versusJOHN CHIU CO Defendant. Plaintiff JUAN AYSION SANTOS’s residence and postal address is at #123 Narra St.. Initially. the possession of property located at 129 Fairkes St.. and 7.

it is respectfully prayed unto this Honorable Court that: (a) After trial.FORUM SHOPPING I. I hereby certify that I have not filed nor caused to be filed a similar case involving the same issues in the Supreme Court.A-1234567 PTR No. Philippines. CRUZ Counsel for Plaintiff Quezon City Roll of Attorneys No. 14 . that I have caused the preparation of the preparation of the foregoing petition and understood the contents thereof. ATTY. (c) Pay plaintiff the cost of this suit. Furthermore. after being duly sworn to in accordance with law. premises considered. Quezon City. JUAN AYSION SANTOS. which the Defendant should also be held answerable. 8.000. as and by way of attorney’s fees. IN WITNESS WHEREOF. A-1234567 IBP No.JUDICIAL FORMS (SUMMARY PROCEEDINGS) THOUSAND PESOS (Php 50. A1234567 VERIFICATION AND CERTIFICATION AGAINST NON. judgment be rendered in favor of herein Plaintiff and ordering Defendant and all persons claiming right under him to permanently VACATE the premises in question and give the immediate possession thereof to the Plaintiff. I shall inform the Court.000. Court of Appeals or any tribunal or agency. Metro Manila. PRAYER WHEREFORE. tribunal or agency of such fact within five (5) days thereof. This action is governed by the Rules on Summary Procedure. and I hereby declare that all the allegations contained therein are true and correct according to my knowledge and belief. Plaintiff prays for such other remedies and reliefs as may be deemed just and equitable under the premises. we have hereunto set our hand this 10th day of May 2012. (b) Pay plaintiff the amount of FIFTY THOUSAND PESOS (Php50. 2012. City of Quezon. A-12345567 MCLE No. depose and says: That I am the petitioner in the above-titled case.00).00). PHOEMELA G. May 10. of legal age.

. 5...00).. This action is governed by the Rules on Summary Procedure..... 2012 Issued At: Quezon City E J E C T M E N T ( UNLAWFUL DETAINER) ANSWER Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT QUEZON CITY Branch 031 JUAN AYSION SANTOS Plaintiff.... PRAYER 15 . x . -versusCIVIL CASE No. H-12346 For: EJECTMENT (UNLAWFUL DETAINER) JOHN CHIU CO Defendant...000..-x ANSWER DEFENDANT. Defendant partially admits paragraph 4 and 5 in as much as he refuses to turn over the said property only because of the extension granted to him by the plaintiff. and unto this Honorable Court most respectfully submit this ANSWER for Unlawful Detainer and in support hereof makes the following assertion: 1. 3.. through the undersigned counsel. fixed at FIFTY THOUSAND PESOS (Php 50. 4...... 1234565 Issued On: March 4.. cost of transportation and other miscellaneous accommodation of its lawyers and other personal expenses to be incurred in attending the hearings of this case..JUDICIAL FORMS (SUMMARY PROCEEDINGS) JUAN AYSION SANTOS Plaintiff CTC No. which the Plaintiff should also be held answerable therefore. etc. Defendant specifically denies paragraph 3 of the complaint in as much as the plaintiff allowed for the extension of the lease contract..... Defendant admits paragraphs 1 and 2 insofar as the personal circumstances of the plaintiff and defendant are concerned. 2. The same acts of the Plaintiff compelled the Defendant to incur litigation expenses consisting of filing fee.

ATTY. May 16. I hereby certify that I have not filed nor caused to be filed a similar case involving the same issues in the Supreme Court. 2012. (f) Pay the Defendant the cost of this suit. premises considered. SHU B. B-124843 Issued at Quezon City On March 3. I shall inform the Court. Defendant prays for such other remedies and reliefs as may be deemed just and equitable under the premises. judgment be rendered in favor of herein Defendant dismissing the complaint. SAY Counsel for Defendant Quezon City Roll of Attorneys No. of legal age. Court of Appeals or any tribunal or agency. JOHN CHIU CO. JOHN CHIU CO Defendant CTC No. IN WITNESS WHEREOF.FORUM SHOPPING I. A1234567 VERIFICATION AND CERTIFICATION AGAINST NON. Philippines.A-1234567 PTR No.00). Furthermore. depose and says: That I am the Defendant in the above-entitled case. A-1234567 IBP No.JUDICIAL FORMS (SUMMARY PROCEEDINGS) WHEREFORE. Metro Manila. that I have caused the preparation of the foregoing Answer and understood the contents thereof. it is respectfully prayed unto this Honorable Court that: (d) After trial. 2012 16 . and I hereby declare that all the allegations contained therein are true and correct according to my knowledge and belief. (e) Pay the Defendant the amount of FIFTY THOUSAND PESOS (Php50.000. tribunal or agency of such fact within five (5) days thereof. Quezon City. after being duly sworn to in accordance with law. City of Quezon. as and by way of attorney’s fees. we have hereunto set our hand this 16th day of May 2012. A-12345567 MCLE No.

. A-1234567 IBP No.. In the Defendant’s Answer.. PRAYER WHEREFORE.. the said defendant stated that plaintiff allowed him to extend the lease of the property in question... CRUZ Counsel for Plaintiff Quezon City Roll of Attorneys No.. May 18...... Neither is there any evidence of such extension. Defendant is evidently misleading the court in alleging the claim in as much as the plaintiff did not extend such lease. Defendant...... H-12346 For: EJECTMENT (UNLAWFUL DETAINER) ATTY.. Plaintiff. 2012 CIVIL CASE No..-X REPLY COMES NOW Plaintiff through the undersigned counsel and hereby respectfully states that: 1. PHOEMELA G..JUDICIAL FORMS (SUMMARY PROCEEDINGS) E J E C T M E N T ( UNLAWFUL DETAINER) REPLY Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT QUEZON CITY Branch 031 JUAN AYSION SANTOS.. 2..A-1234567 PTR No.. -versusJOHN CHIU CO. Quezon City. Plaintiff respectfully prays that judgment be rendered in his favor in accordance with the original prayer set forth in the plaintiff’s complaint.. A-12345567 17 . X ..

. with residence and postal address at #123 Narra St. and alleged that: THE CASE The case arose from the expiration of the lease agreement between the plaintiff and defendant and the latter’s subsequent refusal to vacate the former’s property. respectfully submits this Position Paper in the above entitled case.. Fairville. That defendant’s lease expired 2 months ago CIVIL CASE No..JUDICIAL FORMS (SUMMARY PROCEEDINGS) MCLE No. Plaintiff. Plaintiff now prays for the ejectment of the defendant and the payment of damages.-X POSITION PAPER FOR THE PLAINTIFF PLAINTIFF.. by counsel... Defendant JOHN CHIU CO is a resident of #123 Acacia St...... unto this Honorable Office.. Plaintiff JUAN AYSION SANTOS.. FACTS OF THE CASE 1... order and other court processes.. 3. 4... H-12346 For: EJECTMENT (UNLAWFUL DETAINER) 18 . Defendant.. Defendant was a lessee of the plaintitff’s property in 129 Fairkes St.. Fairville.... X . A1234567 E J E C T M E N T ( UNLAWFUL DETAINER) POSITION PAPER Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT QUEZON CITY Branch 031 JUAN AYSION SANTOS. 2..... Quezon City where he may be serve with summons. -versusJOHN CHIU CO.. Fairville. Quezon City. Quezon City. where they may be serve with court order and other processes.

6. May 4. an ejectment case may be filed against the usurper. PHOEMELA G.JUDICIAL FORMS (SUMMARY PROCEEDINGS) 5. 2012 ATTY. 4. Quezon City. etc. the plaintiff is entitled to moral and actual damages. Under the Civil Code. Whether plaintiff is entitled to damages. CRUZ Counsel for Plaintiff Quezon City Roll of Attorneys No. where a person unlawfully deprives another of his property as in this case.A-1234567 PTR No. 2. PRAYER WHEREFORE. RESERVATIONS Plaintiff respectfully reserves its right to file supplemental pleadings or adduce additional evidence in due course of the proceedings whenever necessary and proper. A-1234567 IBP No. ARGUMENTS 1. The same acts of the Defendant compelled the Plaintiff to incur litigation expenses consisting of filing fee. which the Defendant should also be held answerable therefore. Under the law. ISSUE 3. That defendant refuses to turn over the said property even after demand is made. cost of transportation and other miscellaneous accommodation of its lawyers and other personal expenses to be incurred in attending the hearings of this case. A1234567 19 .000.. plaintiff prays that the relief he prayed for in his complaint be granted and any such other relief which the court may award to the plaintiff which is just and equitable under the circumstances. Whether defendant should be ejected. A-12345567 MCLE No. fixed at FIFTY THOUSAND PESOS (Php 50.00).

Defendant.. Fairville. H-12346 For: EJECTMENT (UNLAWFUL DETAINER) 20 . Quezon City. where they may be served with court order and other processes. X . Defendant JOHN CHIU CO is a resident of #123 Acacia St.-X POSITION PAPER FOR THE DEFENDANT PLAINTIFF.. with residence and postal address at #123 Narra St. FACTS OF THE CASE 1.... Quezon City where he may be served with summons....JUDICIAL FORMS (SUMMARY PROCEEDINGS) E J E C T M E N T ( UNLAWFUL DETAINER) POSITION PAPER Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT QUEZON CITY Branch 031 JUAN AYSION SANTOS. However. the Defendant was shocked CIVIL CASE No. Defendant was a lessee of the plaintiff’s property in 129 Fairkes St... 2. unto this Honorable Office... Quezon City. 3. That as a consequence of the extension.. Plaintiff JUAN AYSION SANTOS. 5.. by counsel.... and alleged that: THE CASE The case arose from the complaint filed by the Plaintiff against the defendant on the alleged expiration of their lease agreement. order and other court processes. respectfully submits this Position Paper in the above entitled case.. Fairville....... -versusJOHN CHIU CO.. Fairville. the Plaintiff allowed the Defendant to stay for 9 months.. Plaintiff. 4.. That defendant’s lease was extended 2 months ago..

fixed at FIFTY THOUSAND PESOS (Php 50. Quezon City. PRAYER WHEREFORE. premises considered. A-1234567 IBP No.00). an ejectment case may be filed against the usurper 2. Under the law. which the Defendant should also be held answerable therefore. etc. The same acts of the Plaintiff compelled the Defendant to incur litigation expenses consisting of filing fee. the plaintiff is entitled to moral and actual damages. CRUZ Counsel for Plaintiff Quezon City Roll of Attorneys No.000.. ARGUMENTS 1.A-1234567 PTR No. May 4. Whether the plaintiff is entitled to damages. RESERVATIONS Plaintiff respectfully reserves its right to file supplemental pleadings or adduce additional evidence in due course of the proceedings whenever necessary and proper. 2. A-12345567 MCLE No. Whether the defendant should be ejected. A1234567 21 . where a person unlawfully deprives another of his property. ISSUE 1.JUDICIAL FORMS (SUMMARY PROCEEDINGS) when a couple of weeks after the extension was made. Under the Civil Code. the Plaintiff is asking him to vacate the property immediately. cost of transportation and other miscellaneous accommodation of its lawyers and other personal expenses to be incurred in attending the hearings of this case. it most respectfully prayed this Honorable Court that the instant Case of Forcible Entry shall be dismissed for want of basis. 2012 ATTY. either in fact or in law. 6. PHOEMELA G.

. Quezon City AGREE as follows: 1.. H-12346 For: EJECTMENT (UNLAWFUL DETAINER) JUAN AYSION SANTOS Plaintiff 22 JOHN CHIU CO Defendant . Fairville.JUDICIAL FORMS (SUMMARY PROCEEDINGS) E J E C T M E N T ( UNLAWFUL DETAINER) ARBITRATION / COMPROMISE AGREEMENT Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT QUEZON CITY Branch 031 JUAN AYSION SANTOS. -versusJOHN CHIU CO... The plaintiff shall drop this civil case against the defendant.. 2.. resident of #123 Narra St.....-X COMPROMISE AGREEMENT THE UNDERSIGNED PARTIES JUAN AYSION SANTOS... the Parties hereto have mutually and voluntarily agreed to the above stipulations. X .. Branch 031. resident of #123 Acacia St. IN WITNESS WHEREOF... and sign this Agreement. on this 16th day of August.. CIVIL CASE No.. That JOHN CHIU CO shall pay for the rent on the property including back rentals.... Fairville.... at the METROPOLITAN TRIAL COURT of Quezon City.... Plaintiff.. 2012 for the consideration and approval of the Honorable Court. Defendant. Quezon City AND JOHN CHIU CO.

BERN Mediator JESICA A. ASE Mediation-Supervisor/Coordinator 23 .JUDICIAL FORMS (SUMMARY PROCEEDINGS) Assisted by: JUSTIN C.

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