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SUMMARY PROCEEDINGS

REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT 4TH JUDICIAL DISTRICT, BRANCH 50 TANAUAN CITY, BATANGAS Teodora Malvar, Plaintiff versus

S. P. Civil Case No.: 876543 For: Forcible Entry

Vittorio Rasca, Defendant. x------------------------------------------------------------------------------------------------x COMPLAINT

PLAINTIFF, before this Honorable Court, respectfully alleges:

1. Plaintiff is of legal age, and with residence at Barangay Sta. Clara, Sto. Tomas, Batangas. She may be served with summons and other legal processes of this Honorable Court through the undersigned counsel;

2. Defendant is also of legal age and a resident of the same Barangay Sta. Clara, Sto. Tomas, Batangas, where he may be served with summons and other legal processes;

3. Plaintiff is the owner and in possession of a parcel of land located in Tanauan City since 1960, and which is being looked after by his caretaker, PEDRO BIYES, for and on behalf of plaintiff. 4. The parcel of land subject of the present complaint is a residential land with an area of Four hundred forty six square meters, (446 sq. m.) more or less, located in Barangay Sta. Clara, Sto. Tomas, Batangas. 5. On March 8, 1960, or sometime thereabout, by means of a public instrument, the contents and stipulation of which have the character and nature of a donation inter vivos. Isidro Malvar ceded and transferred the ownership of the whole area of Four hundred forty six square meters, (446 sq. m.) of the land in question to his daughter Teodora Malvar. A

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photocopy of the said public instrument is Annex “A” of this complaint and made integral part hereof. 6. Having actually occupied and taken possession of the land in question publicly, adversely, continuously and as owners thereof for over fifty (50) years the title of the plaintiffs over the controverted land has ripened into absolute ownership by acquisitive prescription. 7. On the latter part of last year, the defendant by means of force, strategy and stealth, unlawfully entered said parcel of land and ejected plaintiff’s caretaker. 8. Thereafter, constructed a house of strong materials over the plaintiff’s objection and opposition. 9. Since the date above-mentioned, defendants have remained in illegal possession of the parcel of lands, casting cloud in the title of the plaintiff over the disputed land to the prejudice of her title and to her damage and injury. 10. The defendant, arrogantly and unyieldingly refused all efforts at peaceful settlement, and even insolently challenged the plaintiff to bring her case to the court.

11. Consequently, plaintiff filed a complaint with the Office of Tagapamayapa, but efforts of the latter proved futile, as defendants adamantly refused to vacate the premises, constraining the to issue a certificate to file the instant complaint, copy of which certificate is attached hereto as Annex “B”.

WHEREFORE, plaintiff respectfully prays that after appropriate hearing, judgment be rendered in her favor and against the defendant, as follows: a. Ordering the defendant to demolish and remove from the land in question at his own expense, the house of strong materials, which he built thereon in bad faith, to restore it to its former condition; or in the 251 | P a g e

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alternative to pronounce the defendant as builder in bad faith and have lost what he built without right to indemnify;

b. Ordering the defendant to vacate the land in dispute unlawfully occupied by him and restore its possession to the plaintiff;

c.

Ordering the defendant to refrain from disturbing again in any way

or manner the ownership and possession of the plaintiff over the land in question; d. Ordering the defendant to pay the plaintiff the following amounts: 1. P50,000.00 for attorney’s fees and expenses of litigation; 2. P500,000.00 for moral damages; 3. P100,000.00 for exemplary damages; 4. The judicial costs.

e. Plaintiff further prays for such other reliefs as this Honorable Court may deem just and equitable under the circumstances.

Quezon City for Tanauan City, Batangas, Philippines, March 02, 2012.

Atty. JONATHAN delos SANTOS Counsel for Plaintiff Suite 34, 3rd Floor, Filmar Bldg. Scout Borromeo, Quezon City Roll of Attorney No. 11170 IBP No. 141862, 03/04/12, Q. C. PTR No. 1119427, 05/16/2011, Q. C. MCLE Compliance No. I-14572

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, Teodora Malvar, of legal age and with residence at Dahlia St. South Fairview, Quezon City, after having been duly sworn, depose and say: 1. That I am the plaintiff in the above-entitled complaint. 252 | P a g e

SUMMARY PROCEEDINGS 2. 12 Page No. No. 33-17232784-0 issued at Quezon City on July 17. 45692 MCLE Compliance No. Alrona Notary Public Until December 31. Philippines. or quasijudicial agency and. 2012 and SSS No. Christian A. C. That I have caused the preparation of said complaint. IBP No. Atty. That I have not theretofore commenced any action or filed any claim involving the same issues in any court. 2000. no such other action or claim is pending therein. SUBSCRIBED AND SWORN to before me. I shall report that fact within five (5) days therefrom to the court wherein the aforesaid complaint or initiatory pleading has been filed. 77024/1-25-12/Q. to the best of my knowledge. 33 Book No. Roll of Attorneys No. 3. I-35761 Doc. 1 Series of 2012 253 | P a g e . Philippines this 2nd day of March 2012 by Teodora Malvar with Residence Certificate No. C. 2012 PTR No. That I have read the allegations therein contained and that the same are true and correct of my personal knowledge or based on authentic records. in Quezon City. and if I should thereafter learn that the same or similar action or claim has been filed or is pending. 8257/1-25-12/Q. tribunal. 011985 issued at Quezon City on March 27. Witness my hand this 2nd day of March. 2012 at Quezon City. 4.

: 876543 For: Forcible Entry Vittorio Rasca. Defendant specifically denies the allegation under Paragraph 6 of the complain for reason that plaintiff’s alleged possession of the land in question for over fifty (50) years has not ripened into absolute ownership by acquisitive prescription. Plaintiff is in bad faith and does not possess just title over the property in question. Defendant. 2. Defendant likewise denies the allegation under paragraph 5 of the complaint for lack of sufficient knowledge to form a belief as to the truth or falsity thereof. Defendant denies the allegation in paragraph 3 of the complaint for lack of sufficient knowledge to form a belief as to the truth thereof. and 4 of the complaint. x------------------------------------------------------------------------------------------------x ANSWER DEFENDANT. P. The truth being in ordinary acquisitive prescription it requires possession of things in good faith and with just title for the time fixed by law. 4. BATANGAS Teodora Malvar. Plaintiff versus S. by counsel and to this Honorable Court respectfully states: 1. BRANCH 50 TANAUAN CITY.SUMMARY PROCEEDINGS REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT 4TH JUDICIAL DISTRICT. 254 | P a g e . Civil Case No. 3. Defendant admits that portion of paragraphs 1. 2. simply because it all pertains to an alleged Donation Inter vivos where the herein defendant is not a privy and without his knowledge.

2012. Tanauan City. WHEREFORE. which Paragraph 11 of the complaint is admitted. Defendant further prays for such other reliefs as may be just and equitable in the premises. The contract of sale is herein attached as 9. Batangas City Roll of Attorneys No. 521098/1-14-12/Batangas PTR No.00 and expenses of litigation in the amount of no less than P30. 53014 IBP No. I-16320 255 | P a g e . Defendant vehemently denies the allegation under paragraph 10 of the complaint. Defendant denies the allegations under paragraphs 7.00. all of which should be assessed against plaintiff as penalty for filing such unfounded complaint. JOYCE ZEDAL Counsel for Defendant Room 88.000. Philippines. Ground Floor. March 20. with costs against plaintiff. defendant suffered damages in the form of attorney’s fees in the amount of P100.00. 7. Annex “1”.SUMMARY PROCEEDINGS 5.000.000. 8.000. and 9 of the complaint for lack of sufficient knowledge to form a belief as to the truth thereof.00. Atty. ABC Bldg. moral damages at P500. forced defendant to litigate and protect his interests and to secure the services of counsel. Batangas. Defendant purchased said parcel of land from a certain CELSO ESTATIN in 1965. 304701/1-14-12/Batangas MCLE Compliance No. 6.. As a consequence of plaintiff’s unfounded claim. exemplary damages of P100. 8. defendant respectfully prays that the complaint be dismissed for lack of merit.

1428067/1-3012/Batangas IBP No. 12 Page No. Scout Borromeo. 92278 MCLE Compliance No. of legal age. No. JONATHAN delos SANTOS Counsel for Plaintiff Suite 34. 33 Book No. Philippines. I-454681 Doc. 2012 PTR No. Atty. after having been duly sworn. 1 Series of 2012 Copy furnished: Atty. Executed this 20th day of March. deposes and says: That he has caused the preparation of the foregoing answer with defences. 896024/1-1612/Batangas Roll of Attorneys No. 3rd Floor. Filmar Bldg.SUMMARY PROCEEDINGS VERIFICATION Defendant. Andrea May T. 2012 at Batangas City. and the allegations therein are true and correct of his personal knowledge and/or based on authentic records. Tesan Notary Public Until December 31. Quezon City 256 | P a g e .

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AFFIDAVIT OF SERVICE BY REGISTERED MAIL I, Leslie Jordan, of legal age and having been duly sworn depose and say: That I am the messenger of Atty. Joyce Zedal, counsel for Vittorio Rasca in the cases entited Teodora Malvar vs. Vittorio Rasca, and that such messenger I served upon the counsel of adverse party and other parties, the pleading in said case, as follows: Atty. Jonathan delos Santos, Counsel for Teodora Malvar by registered mail by depositing the copy in the post office in Batangas City sealed envelope, plainly addressed to the party or counsel at his office, with postage fully prepaid, and with instruction to the postmaster to return the mail to the sender after ten days if undelivered, this 26 th day of March 2012, as shown by Registry No. 17 dated March 26, 2012 of the post office of Batangas City. IN WITNESS WHEREOF, I have signed this affidavit this 20th day of March, 2012 at Batangas City, Philippines. Leslie Jordan Affiant SUBSCRIBED AND SWORN to before me this 20th day of March, 2012 at Batangas City, Philippines, affiant appearing before me with his CTC No. 1298 issued on December 2, 2011 at Batangas, Philippines and SSS No. 021646544 issued on April 12, 1995. Atty. Andrea May T. Tesan Notary Public Until December 31, 2012 PTR No. 1428067/1-3012/Batangas IBP No. 896024/1-1612/Batangas Roll of Attorneys No. 92278 MCLE Compliance No. I-454681

Doc. No. 12 Page No. 33 Book No. 1 Series of 2012

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REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT 4TH JUDICIAL DISTRICT, BRANCH 50 TANAUAN CITY, BATANGAS Teodora Malvar, Plaintiff versus

S. P. Civil Case No.: 876543 For: Forcible Entry

Vittorio Rasca, Defendant. x------------------------------------------------------------------------------------------------x REPLY

PLAINTIFF, through counsel, reply to the affirmative defenses asserted by Defendant in its answer and allege:

1. In its answer to the complaint for forcible entry, the Respondent merely alleged that he had no knowledge and information as to the allegations of the complaint. This kind of denial, while allowed on certain instances does not apply when the facts as to which want of knowledge is asserted are to the knowledge of the court are so plainly and essentially within the Defendant’s knowledge. It amounts to a general denial that would entitle the plaintiff to judgment on the pleadings.

2. Moreover, attached to the complaint, as actionable document is the certification of the Lupon Tagapamayapa constraining them for such issuance when efforts ordering defendant to vacate premises proved to be futile.

WHEREFORE, plaintiff, through counsel, reply to the affirmative defenses asserted by the defendant, move to strike certain affirmative defenses, and renew his prayer for the relief contained in the Complaint.

Other reliefs just and equitable are likewise prayed for. Quezon City for Batangas City, Philippines, April 15, 2012.

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Atty. JONATHAN delos SANTOS Counsel for Plaintiff Suite 34, 3rd Floor, Filmar Bldg. Scout Borromeo, Quezon City Roll of Attorney No. 11170 IBP No. 141862, 03/04/12, Q. C. PTR No. 1119427, 05/16/2011, Q. C. MCLE Compliance No. I-14572

Copy furnished: Atty. Joyce Zedal Counsel for Defendant Room 88, Ground Floor, ABC Bldg., Batangas City

AFFIDAVIT OF SERVICE BY REGISTERED MAIL

I, Crisanta Losig, of legal age and having been duly sworn depose and say:

That I am the messenger of Atty. Jonathan delos Santos, counsel for Teodora Malvar in the cases entited Teodora Malvar vs. Vittorio Rasca, Civil Case No. ____, and that such messenger I served upon the counsel of adverse party and other parties, the pleading in said case, as follows: Atty. Jonathan delos Santos, counsel for Teodora Malvar by registered mail by depositing the copy in the post office in sealed envelope, plainly addressed to the party or counsel at his office, with postage fully prepaid, and with instruction to the postmaster to return the mail to the sender after ten days if undelivered, this 15th day of April, 2012, as shown by Registry No. 7 dated April 15, 2012 of the post office of Quezon City. IN WITNESS WHEREOF, I have signed this affidavit this April 15, 2012 at Quezon City, Philippines. 259 | P a g e

affiant appearing before me with his CTC No. 12 Page No. 789524/1-25-12/Q. I-453781 Doc. Jaime G. Philippines and SSS No. No. 33 Book No. 12-004111298 issued on January 12. Atty. 1995.SUMMARY PROCEEDINGS Crisanta Losig Affiant SUBSCRIBED AND SWORN to before me this 15th day of April 2012 at Quezon City. 0478057/1-25-12/Q. Robelza Notary Public Until December 31. IBP No. 1 Series of 2012 260 | P a g e . 021646544 issued on April 12. Roll of Attorneys No. 2012 at Quezon City. 2012 PTR No.C. 56922 MCLE Compliance No. Philippines.C.

Civil Case No. Plaintiff versus S. BATANGAS Teodora Malvar. 3.SUMMARY PROCEEDINGS REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT 4TH JUDICIAL DISTRICT. Defendant. x------------------------------------------------------------------------------------------------x PRE-TRIAL BRIEF of the PLAINTIFF Re: AMICABLE SETTLEMENT The plaintiff is willing to settle the litigation with the defendant under the following minimum conditions: 1. The defendant remove the residential house which he illegally constructed on the land of the plaintiff. The defendant confess and admit the ownership of the plaintiff of the land subject matter of this case which is a parcel of land donated inter vivos by Isidro Malvar way back in March 8. and vacate peacefully and restore to the plaintiff possession of the land in question which the defendant illegally entered. BRANCH 50 TANAUAN CITY. Other terms and conditions of the amicable settlement may be negotiated. P. 2.: 876543 For: Forcible Entry Vittorio Rasca. Re: ISSUES TO BE RESOLVED BY THE HONORABLE COURT 261 | P a g e . 1960 to his daughter Teodora Malvar. occupied and took possession over the vigorous objection of the plaintiff who is the lawful and rightful owner thereof.

Isidro Malvar. located in Sta. Since March 8. constructed a residential building of strong materials over the vigorous opposition of the plaintiff. public. occupation and possession of the land In question by the defendant is illegal. 4. Defendant. the plaintiff has been in continuous. 2. adverse and peaceful possession as owners of the whole are of the land donated to her inter vivos by her father. What other damages and their just and equitable amounts which defendant should pay the plaintiff on account of the former’s unlawful acts. the same having been donated to her inter vivos way back on March 8. Tomas. 1960 by her father and former owner Isidro Malvar. faithfully and religiously paying year after year the realty taxes assessed thereon by the authorities. Clara. as well their earnest and utmost efforts to reach a reasonable compromise and amicable settlement of the dispute. Re: CLAIMS OF THE PLAINTIFF Briefly the salient claims of the plaintiff in this case are as follows: 1. Sto. the defendant adamantly thwarted 262 | P a g e . The plaintiff is the lawful and rightful owner of the parcel of land which illegally entered and occupied by the defendant. Despite repeated demands of the plaintiff. Batangas. 1960 up to present. 3. The donation inter vivos was contained in a public and notarized instrument. What is the reasonable rental which defendant should pay the plaintiff for the former’s illegal entry. 2. occupation and use of the latter’s property? 3. Whether the entry. Vittorio Rasca.SUMMARY PROCEEDINGS 1.

of legal age and having been duly sworn depose and say: That I am the messenger of Atty. C. 1119427. 2012.SUMMARY PROCEEDINGS every such effort of the plaintiff and even arrogantly dared the latter to sue him (defendant) in court. thereby causing the plaintiff to suffer damages and incur litigation expenses and attorney’s fees to protect their interest. Filmar Bldg. Quezon City Roll of Attorney No. 03/04/12. Jonathan delos Santos. Joyce Zedal Counsel for Defendant Room 88. as follows: Atty. 05/16/2011. Atty. ____. Batangas City AFFIDAVIT OF SERVICE BY REGISTERED MAIL I. Re: DATE OF HEARINGS The plaintiff would probably need four (4) to five (5) days of hearings to conclude the presentation of their evident in chief. PTR No. ABC Bldg. April 30. Q. I-14572 Copy furnished: Atty. Quezon City for Tanauan City. Jonathan delos Santos. and that such messenger I served upon the counsel of adverse party and other parties. counsel for Teodora Malvar in the cases entited Teodora Malvar vs. MCLE Compliance No. Civil Case No.. Q. C. counsel for Teodora Malvar by registered mail by depositing the copy in the post 263 | P a g e . JONATHAN delos SANTOS Counsel for Plaintiff Suite 34. Ground Floor. Crisanta Losig. the pleading in said case. 11170 IBP No. Vittorio Rasca. Scout Borromeo. 3rd Floor. 141862.

1 Series of 2012 264 | P a g e . 789524/1-25-12/Q. 1995. I have signed this affidavit this April 30. Robelza Notary Public Until December 31.C. 2012 at Quezon City. Jaime G.SUMMARY PROCEEDINGS office in sealed envelope. 12-004111298 issued on January 12. plainly addressed to the party or counsel at his office. 2012 of the post office of Quezon City. 0478057/1-25-12/Q. No. affiant appearing before me with his CTC No. Philippines. Crisanta Losig Affiant SUBSCRIBED AND SWORN to before me this 30th day of April 2012 at Quezon City.C. with postage fully prepaid. 021646544 issued on April 12. IN WITNESS WHEREOF. Philippines and SSS No. Roll of Attorneys No. I-453781 Doc. as shown by Registry No. 33 Book No. 2012. 35 dated April 30. this 30th day of April. and with instruction to the postmaster to return the mail to the sender after ten days if undelivered. 56922 MCLE Compliance No. 2012 PTR No. 2012 at Quezon City. 12 Page No. Philippines. IBP No. Atty.

Plaintiff versus S. Defendant. clerk of Court of the Regional Trial Court of Batangas. Assuming arguendo that the Deed of Donation Inter vivos executed by Isidro Malvar is genuine and authentic. to this Honorable Court. Civil Case No. BRANCH 50 TANAUAN CITY. the said document was not registered with the office of the Register of Deeds and the Provincial Assessor of Batangas to cause its transfer in the name of the plaintiff? ISSUE Whether or not plaintiff has the right to claim sole ownership over the property subject of this case the same being still registered in the name of Isidro Malvar? 265 | P a g e . BATANGAS Teodora Malvar. x------------------------------------------------------------------------------------------------x PRE-TRIAL BRIEF of the DEFENDANT DEFENDANT. why is it that for more than fifty (50) years.: 876543 For: Forcible Entry Vittorio Rasca.SUMMARY PROCEEDINGS REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT 4TH JUDICIAL DISTRICT. respectfully submits the following Pre-trial brief: NATURE OF THE CASE AND STATEMENT OF THE FACTS The alleged Donation Inter vivos presented by the plaintiff appears to be not recorded in the Notarial Book as per Certification issued by Juan dela Costa. through counsel. P.

3rd Floor. Batangas. Tanauan City. April 27. 2012. Batangas City Roll of Attorneys No. Atty. 304701/1-14-12/Batangas MCLE Compliance No. Ground Floor. Filmar Bldg. ABC Bldg. JONATHAN delos SANTOS Counsel for Plaintiff Suite 34.SUMMARY PROCEEDINGS APPLICABLE LAWS AND JURISPRUDENCE Law on Succession Law on Contracts Other Supreme Court decisions on the matter. JOYCE ZEDAL Counsel for Defendant Room 88. POSSIBLE AMICABLE SETTLEMENT Plaintiff is willing to sit down and discuss the possibility of amicable settlement of the case with the defendant. I-16320 Copy furnished: Atty. Scout Borromeo.. Quezon City 266 | P a g e . 53014 IBP No. 521098/1-14-12/Batangas PTR No.

92278 MCLE Compliance No. Leslie Jordan Affiant SUBSCRIBED AND SWORN to before me this 27th day of April. IN WITNESS WHEREOF. Atty. 1995. Vittorio Rasca. 2012 of the post office of Batangas City. Counsel for Teodora Malvar by registered mail by depositing the copy in the post office in Batangas City sealed envelope. 2012 at Batangas City. as follows: Atty. 021646544 issued on April 12. plainly addressed to the party or counsel at his office. with postage fully prepaid. Leslie Jordan. ___ dated April 27. No. 12 Page No. 2012 at Batangas City. 2012 PTR No. I-454681 Doc. and that such messenger I served upon the counsel of adverse party and other parties. Philippines. 2011 at Batangas. and with instruction to the postmaster to return the mail to the sender after ten days if undelivered. as shown by Registry No. affiant appearing before me with his CTC No. the pleading in said case. of legal age and having been duly sworn depose and say: That I am the messenger of Atty. Philippines and SSS No. Philippines. Joyce Zedal.SUMMARY PROCEEDINGS AFFIDAVIT OF SERVICE BY REGISTERED MAIL I. this 27 th day of April 2012. Andrea May T. counsel for Vittorio Rasca in the cases entited Teodora Malvar vs. Tesan Notary Public Until December 31. Jonathan delos Santos. 1428067/1-3012/Batangas IBP No. I have signed this affidavit this 27th day of April. 1298 issued on December 2. 896024/1-1612/Batangas Roll of Attorneys No. 1 Series of 2012 267 | P a g e . 33 Book No.

or a lessor. vendee or other person. 268 | P a g e . vendor. through the undersigned counsel and to this Honorable Court most respectfully file the instant MEMORANDUM in support of the case. vendee. express or implied.SUMMARY PROCEEDINGS REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT 4TH JUDICIAL DISTRICT. thus – STATEMENT OF THE CASE First and foremost. threat. intimidation. Defendant. at any time within one (1) year after such unlawful deprivation or withholding of possession. or other person against whom the possession of any land or building is unlawfully withheld after the expiration or termination of the right to hold possession. Plaintiff versus S. or any person or persons claiming under them. vendor. BRANCH 50 TANAUAN CITY. for the restitution of such possession. P. bring an action in the proper Regional Trial Court against the person or persons unlawfully withholding or depriving of possession. strategy. forcible entry is when a person deprived of the possession of any land or building by force.: 876543 For: Forcible Entry Vittorio Rasca. by virtue of any contract. together with damages and costs. may. BATANGAS Teodora Malvar. x------------------------------------------------------------------------------------------------x MEMORANDUM for the DEFENDANT DEFENDANT. Civil Case No. or the legal representatives or assigns of any such lessor. or stealth.

since there is no evidence which tended to show that the defendant occupied the disputed land in bad faith. that due to the unlawful and unjust acts of the defendant. continuously and as owners thereof for over fifty (50) years the title of the plaintiff over the controverted land has ripened into absolute ownership by acquisitive prescription. consequently. In the case at bar. but to no avail.SUMMARY PROCEEDINGS FACTS OF THE CASE In the complaint. he must be deemed to have acquired the disputed land in buena fe (good faith). the contents and stipulations of which have the characterand nature of a donation inter vivos. plaintiff claim ownership of a parcel of land by virtue of the alleged notarial document. Sto. he was compelled to engage the services of counsel to protect his rights and interest. and the alleged public instrument. that on or about early this year. adversely. he suffered untold worries and mental anguish. that plaintiff exerted utmost and earnest efforts for a reasonable compromise and amicable settlement of the land in dispute to the extent that she even sought the intervention and mediation of the barangay authorities in the place. and for this 269 | P a g e . plaintiff suffered damages in the amount set forth in the complaint. that having actually occupied and taken possession of the land in question publicly. that in the alleged donation inter vivos. Clara. defendant entered and took possession of the land in question. the Lupon Tagapamayapa of Barangay Sta. thus incurred litigation expenses. Isidro Malvar donated the parcel of land to his daughter. Tomas. as he has all the right to possess and occupy the land in question acquiring it by purchase. Teodora Malvar. Batangas issued a Certification to file the corresponding complaint in Court. and constructed a house of strong materials over plaintiff’s vigorous objection and opposition. WHETHER OR NOT THE DEFENDANT IS ENTITLED TO DAMAGES BY REASON OF THIS UNFOUNDED COMPLAINT As a consequence of the plaintiff’s action in filing this baseless and unfounded complaint in Court.

JONATHAN delos SANTOS Counsel for Plaintiff Suite 34. Tanauan City. May 12.SUMMARY PROCEEDINGS reason. Batangas City Roll of Attorneys No. it is most respectfully prayed of this Honorable Court that plaintiff’s complaint be DISMISSED and to adjudged plaintiff to pay the defendant damages this Honorable Court may find just and equitable. Quezon City 270 | P a g e . JOYCE ZEDAL Counsel for Defendant Room 88. Scout Borromeo. Atty. it is prayed that a pronouncement be rendered declaring the defendant as owner of the property in question. ABC Bldg. in line with the defendant’s prayer for other just and equitable relief. Batangas. 53014 IBP No. Moreover. 304701/1-14-12/Batangas MCLE Compliance No. Ground Floor. I-16320 Copy furnished: Atty. Filmar Bldg. RESPECTFULLY SUBMITTED. premises considered. WHEREFORE. it is but proper that plaintiff be assessed and ordered to pay the defendant damages in such amount this Honorable Court may find just and equitable.. 521098/1-14-12/Batangas PTR No. 3rd Floor. 2012.

1995. 1428067/1-3012/Batangas IBP No. IN WITNESS WHEREOF. Joyce Zedal. 2012 PTR No. Counsel for Teodora Malvar by registered mail by depositing the copy in the post office in Batangas City sealed envelope. as follows: Atty. 92278 MCLE Compliance No. Andrea May T. and with instruction to the postmaster to return the mail to the sender after ten days if undelivered. this 12 th day of May 2012. as shown by Registry No. Tesan Notary Public Until December 31. the pleading in said case. 2012 of the post office of Batangas City. with postage fully prepaid. Leslie Jordan Affiant SUBSCRIBED AND SWORN to before me this 12th day of May. 33 Book No. Philippines. Philippines. and that such messenger I served upon the counsel of adverse party and other parties. 2012 at Batangas City. No. Leslie Jordan. ___ dated May 12. of legal age and having been duly sworn depose and say: That I am the messenger of Atty. 021646544 issued on April 12. plainly addressed to the party or counsel at his office. counsel for Vittorio Rasca in the cases entited Teodora Malvar vs. I-454681 Doc. 2011 at Batangas. 2012 at Batangas City. I have signed this affidavit this 20th day of March. Jonathan delos Santos. Philippines and SSS No. Atty. affiant appearing before me with his CTC No.SUMMARY PROCEEDINGS AFFIDAVIT OF SERVICE BY REGISTERED MAIL I. 1298 issued on December 2. 896024/1-1612/Batangas Roll of Attorneys No. 1 Series of 2012 271 | P a g e . Vittorio Rasca. 12 Page No.

The donation inter vivos was accepted in the same document by his daughter. Clara. STIPULATED ISSUE AT THE PRE-TRIAL Ownership of the disputed parcel of land. by means of a public instrument.SUMMARY PROCEEDINGS REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT 4TH JUDICIAL DISTRICT.) The aforesaid parcel of land shall be referred to hereafter as the “disputed land”. Isidro Malvar donated Inter vivos the land in question. Plaintiff versus S. P. II. x------------------------------------------------------------------------------------------------x MEMORANDUM for the PLAINTIFF I. or terms of the same import. STATEMENT OF THE CASE This is a case of forcible entry involving a parcel of land located in Sta. m. who is the legal and rightful owner of the land in question. Batangas with an area of four hundred forty six square meters (446 sq.: 876543 For: Forcible Entry Vittorio Rasca. Tomas. BRANCH 50 TANAUAN CITY. she took physical and actual possession of the property and occupied the same 272 | P a g e . BATANGAS Teodora Malvar. Sto. FACTUAL SETTING OF THE CASE On March 8. This was confirmed and sealed by Isidro Malvar with his own signature affixed on the public instrument of donation inter vivos. After the land in dispute was given to Teodora Malvar. Civil Case No. Teodora Malvar. the “land in question”. III. that is. Defendant. 1960.

Batangas for conciliation. on the latter part of last year. the Lupon Tagapamayapa of Barangay Sta. plaintiff referred and brought her dispute with the defendant to the barangay authorities of Sta. Nonetheless. Batangas issued a “Certification to File Action”. For this reason. a formal letter of demand required the defendant to cease and desist from continuing with his ongoing construction on the land in question. Clara. this court action was instituted by the plaintiff to protect and vindicate her injured rights. continuously. Tomas. Sto. ARGUMENTS Plaintiff respectfully submit that because of the clear and convincing preponderance of evidence has heavily tilted the scale on her 273 | P a g e . the peaceful and public possession as owner of the disputed land by the plaintiff was suddenly and unexpectedly disturbed by the defendant when he claimed ownership of the land in controversy. IV. Plaintiff wrote and sent by registered mail. peacefully and adversely against the whole world. However. the defendant arrogantly and adamantly ignored the legal and valid demand of the plaintiff.SUMMARY PROCEEDINGS as owners thereof publicly. Although the land remained declared in the name of Isidro Malvar for taxation purposes. Hence. and even challenged the latter to file a court action. The defendant received the said demand letter of the plaintiff. Consequently. However. Tomas. Teodora Malvar religiously and faithfully paid year after year the taxes levied on the land in dispute up to the 2010. Clara. demolished the old house existing on the property and built in its place a new house of strong mixed materials despite the oral demand of the plaintiff on the defendant to cease and desist from his construction of a new house to replace the demolished old house. the defendant maintained his arrogant and adamant refusal to heed plaintiff’s lawful and just demand. Sto.

Teodora Malvar. 2. the basic issue of this litigation must per force be resolved in her favor. who swore that the document of donation inter vivose was given to her. The document was found in the possession of and was produced by the plaintiff. The donation inter vivos was contained in and evidenced by a public instrument dated March 8. non-declaration of properties for taxation is not one of the modes of negating ownership of lands. uninterrupted and continuous payments. At any rate. should be adjudged and confirmed by this Honorable Court in plaintiff’s favour. 1960. especially those in the provinces. for the following reasons: 1. The most significant factor which highlights and heightens the weight of plaintiff’s ownership of the land in dispute is her religious. Her legal and rightful ownership of the land in question whereon the defendant has built in bad faith his house. The defendant did not assail the genuineness and authenticity of these tax receipts evidencing payments of the realty taxes for the land in question. 4.SUMMARY PROCEEDINGS side. The donation was accepted in the same document by the done and her acceptance was immediately made known to the donor. The factor that plaintiff has not declared the land in question under her name after she acquired ownership thereof by donation does not debilitate or weaken her cause. year after year of the realty taxes assessed on the controverted land as evidenced by the voluminous tax receipts. for experience has shown that common people. do not generally attend to the transfer of tax declarations in their names even in cases where they acquired the property through any mode of acquiring ownership. 274 | P a g e . 3.

invalid and ineffective claim of damage and prejudice of the plaintiff. Ordering the defendant to demolish and remove from the land in question at his own expense. which was created by the wrongful. which he built thereon in bad faith. She respectfully pray that this Honorable Court render judgment in this case in her favour and in accordance with her prayer in the complaint. In other words. plaintiff respectfully reiterate her prayers in her complaint. 4. desist and refrain from disturbing again in any way or manner the ownership and possession of the plaintiff over the land in question.00 for attorney’s fees and expenses of litigation. As applied to the builder. true and rightful owner of the land in question and thereby remove and clear the cloud and quiet her title of said land. 275 | P a g e . 5. Ordering the defendant to pay the plaintiff the following amounts: a. Ordering the defendant to cease. 3. while bad faith consists in the knowledge of such ownership. or in the alternative to pronounce the defendant as builder in bad faith and have lost what he built without right to indemnify. good faith consists in ignorance of the ownership of another.SUMMARY PROCEEDINGS 5. Ordering the defendant to vacate the land in dispute unlawfully occupied by him and restore its possession to the plaintiff. P50. PRAYER WHEREFORE. the house of strong materials. while there is bad faith if he is aware of such flaw or defect. the defendant to the 2. The defendant is a builder in bad faith. there is good faith if he is not aware that there is a flaw or defect in his title or mode of acquisition which invalidates it. planter or sower. Pronouncing plaintiff the lawful.000. false. as follows: 1. to restore it to its former condition.

00 for moral damages. Quezon City for Tanauan City. Ground Floor. 141862. 2012. Atty. with postage fully prepaid. Crisanta Losig. c. Filmar Bldg. 05/16/2011. and with instruction to the postmaster to return the mail to the sender after ten days if undelivered. 1119427. Philippines. 03/04/12. Q. C. Batangas. P100. Quezon City Roll of Attorney No. Scout Borromeo. ABC Bldg. Jonathan delos Santos. May 15. of legal age and having been duly sworn depose and say: That I am the messenger of Atty.00 for exemplary damages. P500.000. this 15th day of May. d. 11170 IBP No. counsel for Teodora Malvar by registered mail by depositing the copy in the post office in sealed envelope..000. Plaintiff further prays for such other reliefs as this Honorable Court may deem just and equitable under the circumstances. The judicial costs. the pleading in said case. Q. Batangas City AFFIDAVIT OF SERVICE BY REGISTERED MAIL I. Vittorio Rasca. PTR No. MCLE Compliance No. ____. plainly addressed to the party or counsel at his office. Jonathan delos Santos. 6. Joyce Zedal Counsel for Defendant Room 88. as follows: Atty. as 276 | P a g e . I-14572 Copy furnished: Atty.SUMMARY PROCEEDINGS b. JONATHAN delos SANTOS Counsel for Plaintiff Suite 34. and that such messenger I served upon the counsel of adverse party and other parties. C. 3rd Floor. 2012. Civil Case No. counsel for Teodora Malvar in the cases entited Teodora Malvar vs.

12-004111298 issued on January 12. 2012 PTR No. 2012 at Quezon City. Robelza Notary Public Until December 31. 2012 at Quezon City.C. 021646544 issued on April 12. 1 Series of 2012 277 | P a g e .C. 12 Page No. affiant appearing before me with his CTC No. Atty. 2012 of the post office of Quezon City. 88dated March 15. No. I-453781 Doc. 33 Book No. IN WITNESS WHEREOF. Crisanta Losig Affiant SUBSCRIBED AND SWORN to before me this 15th day of May. Roll of Attorneys No. Philippines. 56922 MCLE Compliance No. Philippines and SSS No. IBP No. Jaime G. I have signed this affidavit this May 15. 1995. 2012 at Quezon City. 789524/1-25-12/Q. 0478057/1-25-12/Q. Philippines.SUMMARY PROCEEDINGS shown by Registry No.

She may be served with summons and other legal processes of this Honorable Court through the undersigned counsel. defendant took occupancy of the apartment on March 1. Defendant. By virtue of the lease contract Annex “A”. 2010. 278 | P a g e . Civil Case No. On January 31. Tandang Sora Avenue. whereby defendant leased from plaintiff the latter’s apartment building for a period of two (2) years at the monthly rental of P15. Copy of said lease contract is attached hereto as Annex “A” and made an integral part of this complaint. by counsel and to this Honorable Court. 13. plaintiff and defendant entered into a contract of lease of Apartment No. P. Mandaluyong City.000. BRANCH 58 CITY HALL. Quezon City. respectfully alleges: 12. Defendant is also of legal age and a resident of No. where he may be served with summons and other legal processes. Cubao. x------------------------------------------------------------------------------------------------x COMPLAINT PLAINTIFF. 15.SUMMARY PROCEEDINGS REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT NCJR.00. payable in the first week of every month at plaintiff’s place of residence. MANDALUYONG CITY Teodora Malvar. Complainant versus S. 2010. 14. Quezon City. 245 Barangay Culiat. 4 located at Halcon St.: 14344 For: Unlawful detainer Vittorio Rasca. 23 Kamuning Street. Plaintiff is of legal age and with residence at No.

copy of which certificate is attached hereto as Annex “C” and made an integral part of this complaint. and to pay rentals of P15. 2011.000.00. Plaintiff suffered damages by reason of defendant’s breach of the lease contract not only of the monthly rental of P15. until he shall have vacated the place. starting September. as defendant adamantly refused to vacate the premises. 279 | P a g e .00 beginning September. ordering defendant and all those occupying the leased premises to vate the premises. plus damages and expenses of litigation of P50. constraining the Lupon Tagapamayapa to issue a certificate to file the instant complaint. which defendant received on December 15. WHEREFORE. until he is eventually ejected therefrom but also expenses of litigation and attorney’s fees of P50.00 monthly with 12% interest thereon.000. as well as such other reliefs as may be just and equitable in the premises. While defendant was up-to-date in the payment of his rentals at the beginning of the lease. with 12% interests thereon per annum. Plaintiff filed a complaint with the Office of Tagapamayapa. but notwithstanding which defendant refused and still refuses not only to pay all back rentals but also to vacate the leased premises. attached hereto as Annex “B” and made an integral part of this complaint. 18. notwithstanding demands. As a result of defendant’s refusal to pay his monthly rentals in September. October and November of year 2011.00. 2011. to return possession thereof to plaintiff.SUMMARY PROCEEDINGS 16. he failed to pay his rentals in September. plaintiff respectfully prays for judgment in her favor. Copy of said demand letter.000. October and November of year 2011. 19. 2011.000. 17. plaintiff formally wrote defendant in December 2011 asking him to pay all back rentals and to immediately vacate the leased premises. but efforts of the latter proved futile.

That I have caused the preparation of said complaint. 05/16/2011. 11170 IBP No. Philippines. Teodora Malvar. no such other action or claim is pending therein. That I have not theretofore commenced any action or filed any claim involving the same issues in any court. Q.SUMMARY PROCEEDINGS Quezon City for Mandaluyong City. C. That I have read the allegations therein contained and that the same are true and correct of my personal knowledge or based on authentic records. Scout Borromeo. 8. 6. I shall report that fact within five (5) days therefrom to the court wherein the aforesaid complaint or initiatory pleading has been filed. 1119427. of legal age and with residence at 245 Barangay Culiat. depose and say: 5. PTR No. Q. 7. Quezon City. tribunal. Filmar Bldg. JONATHAN delos SANTOS Counsel for Plaintiff Suite 34. and if I should thereafter learn that the same or similar action or claim has been filed or is pending. I-14572 VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING I. Atty. 03/02/12. after having been duly sworn. to the best of my knowledge. 3rd Floor. 141862. That I am the plaintiff in the above-entitled complaint. Tandang Sora Avenue. C. 280 | P a g e . March 02. Quezon City Roll of Attorney No. MCLE Compliance No. 2012. or quasijudicial agency and.

IBP No. SUBSCRIBED AND SWORN to before me. Roll of Attorneys No. in Quezon City. 011985 issued at Quezon City on March 27. Philippines this 2nd day of March 2011 by Teodora Malvar with Residence Certificate No.SUMMARY PROCEEDINGS Witness my hand this 2nd day of March. 45692 MCLE Compliance No. I-35761 Doc. 2000. Christian A. 54 Book No. 2011 and SSS No. 8257/1-25-12/Q. C. Philippines. 2012 at Quezon City. C. 54 Series of 2012 281 | P a g e . Alrona Notary Public Until December 31. 77024/1-25-12/Q. 33-17232784-0 issued at Quezon City on July 17. 25 Page No. 2012 PTR No. Atty. No.

simply because it all pertains to an alleged Donation Inter vivos where the herein defendant is not a privy and without his knowledge. 3. and 4 of the complaint. 282 | P a g e . 4. Defendant. Defendant denies the allegation in paragraph 5 of the complaint for lack of sufficient knowledge to form a belief as to the truth thereof. Defendant specifically denies the allegation under Paragraph 6 of the complain for reason that plaintiff’s alleged failure to pay rentals for the months of September. The truth being defendant has paid plaintiff a three (3) months deposit and one (1) month advance as evidenced by official receipts issued by plaintiff. Defendant likewise denies the allegation under paragraph 5 of the complaint for lack of sufficient knowledge to form a belief as to the truth or falsity thereof. BRANCH 58 CITY HALL. x------------------------------------------------------------------------------------------------x ANSWER DEFENDANT. 2. 2. Plaintiff versus S. by counsel and to this Honorable Court respectfully states: 1. MANDALUYONG CITY Teodora Malvar. 3. October. P.: 14344 For: Unlawful detainer Vittorio Rasca. Defendant admits that portion of paragraphs 1. Said receipts are attached hereto as Annexes “1” (for the 3 months advance) and “2” (for the one month deposit) and made an integral part of this answer. Civil Case No.SUMMARY PROCEEDINGS REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT NCJR. and November 2011.

March 20. Mandaluyong City.000. 283 | P a g e . after having been duly sworn.00. 521098/1-14-12/Mandaluyong City PTR No. JOYCE ZEDAL Counsel for Defendant Room 88. 53014 IBP No. and the allegations therein are true and correct of his personal knowledge and/or based on authentic records.. defendant respectfully prays that the complaint be dismissed for lack of merit.SUMMARY PROCEEDINGS 5.00. which 6. moral damages at P500. of legal age.000. Starmall Bldg.000. defendant suffered damages in the form of attorney’s fees in the amount of P100. Defendant further prays for such other reliefs as may be just and equitable in the premises. WHEREFORE. forced defendant to litigate and protect his interests and to secure the services of counsel. Mandaluyong City Roll of Attorneys No. Ground Floor. all of which should be assessed against plaintiff as penalty for filing such unfounded complaint. Philippines. As a consequence of plaintiff’s unfounded claim.000.00 and expenses of litigation in the amount of no less than P30. Atty. 2012. 304701/1-14-12/Mandaluyong City MCLE Compliance No. Paragraph 8 of the complaint is admitted. deposes and says: That he has caused the preparation of the foregoing answer with defences. with costs against plaintiff.00. I-16320 VERIFICATION Defendant. exemplary damages of P100.

Scout Borromeo. 896024/1-16-12/ Mandaluyong City Roll of Attorneys No. 35 Series of 2012 Copy furnished: Atty. 43 Book No. Tesan Notary Public Until December 31. Quezon City 284 | P a g e . 1428067/ 1-30-12/Mandaluyong City IBP No. 92278 MCLE Compliance No. JONATHAN delos SANTOS Counsel for Plaintiff Suite 34. 2012 at Mandaluyong City. Andrea May T. 2012 PTR No. Filmar Bldg. 22 Page No.SUMMARY PROCEEDINGS Executed this 20th day of March. I-454681 Doc. Philippines. 3rd Floor. Atty. No.

as follows: Atty. 2011 at Mandaluyong City. and with instruction to the postmaster to return the mail to the sender after ten days if undelivered. 44 Series of 2012 285 | P a g e . 1995. Leslie Jordan Affiant SUBSCRIBED AND SWORN to before me this 20th day of March. Philippines. affiant appearing before me with his CTC No. No. Philippines. 2012 of the post office of Mandaluyong City. 1428067/ 1-30-12/Mandaluyong City IBP No. 92278 MCLE Compliance No. with postage fully prepaid.SUMMARY PROCEEDINGS AFFIDAVIT OF SERVICE BY REGISTERED MAIL I. of legal age and having been duly sworn depose and say: That I am the messenger of Atty. 2012 at Mandaluyong City. this 20 th day of March 2012. ____ dated March 20. Atty. Tesan Notary Public Until December 31. 12 Page No. 2012 at Mandaluyong City. plainly addressed to the party or counsel at his office. Counsel for Teodora Malvar by registered mail by depositing the copy in the post office in Mandaluyong City sealed envelope. and that such messenger I served upon the counsel of adverse party and other parties. Jonathan delos Santos. I-454681 Doc. Leslie Jordan. 1298 issued on December 2. 33 Book No. the pleading in said case. Vittorio Rasca. Andrea May T. IN WITNESS WHEREOF. Joyce Zedal. 021646544 issued on April 12. as shown by Registry No. 2012 PTR No. counsel for Vittorio Rasca in the cases entited Teodora Malvar vs. 896024/1-16-12/ Mandaluyong City Roll of Attorneys No. Philippines and SSS No. I have signed this affidavit this 20th day of March.

2012. MANDALUYONG CITY Teodora Malvar. while allowed on certain instances does not apply when the facts as to which want of knowledge is asserted are to the knowledge of the court are so plainly and essentially within the Defendant’s knowledge. 286 | P a g e . Civil Case No. attached to the complaint. Defendant. 4.: 14344 For: Unlawful detainer Vittorio Rasca. the Respondent merely alleged that he had no knowledge and information as to the allegations of the complaint. This kind of denial. In its answer to the complaint for unlawful detainer. and renew his prayer for the relief contained in the Complaint. BRANCH 58 CITY HALL. through counsel. Plaintiff versus S. plaintiff. Other reliefs just and equitable are likewise prayed for. through counsel. x------------------------------------------------------------------------------------------------x REPLY PLAINTIFF. WHEREFORE. April 15. reply to the affirmative defenses asserted by the defendant. Philippines. as actionable document is the certification of the Lupon Tagapamayapa constraining them for such issuance when efforts ordering defendant to vacate premises proved to be futile.SUMMARY PROCEEDINGS REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT NCJR. Quezon City for Mandaluyong City. Moreover. move to strike certain affirmative defenses. It amounts to a general denial that would entitle the plaintiff to judgment on the pleadings. reply to the affirmative defenses asserted by Defendant in its answer and allege: 3. P.

Jonathan delos Santos. MCLE Compliance No. Crisanta Losig. Jonathan delos Santos. 03/04/12. Q.. IN WITNESS WHEREOF. of legal age and having been duly sworn depose and say: That I am the messenger of Atty. counsel for Teodora Malvar by registered mail by depositing the copy in the post office in sealed envelope. Q. 141862. 1119427. Civil Case No. I have signed this affidavit this April 15. ____. 3rd Floor.SUMMARY PROCEEDINGS Atty. the pleading in said case. JONATHAN delos SANTOS Counsel for Plaintiff Suite 34. and with instruction to the postmaster to return the mail to the sender after ten days if undelivered. this 15th day of April. 2012. C. PTR No. ____ dated April 15. 2012 at Quezon City. Starmall Bldg. Philippines. 2012 of the post office of Quezon City. with postage fully prepaid. Crisanta Losig Affiant 287 | P a g e . Vittorio Rasca. plainly addressed to the party or counsel at his office. as follows: Atty. Ground Floor. Scout Borromeo. counsel for Teodora Malvar in the cases entited Teodora Malvar vs. Mandaluyong City AFFIDAVIT OF SERVICE BY REGISTERED MAIL I. I-14572 Copy furnished: Atty. 11170 IBP No. Quezon City Roll of Attorney No. Joyce Zedal Counsel for Defendant Room 88. C. as shown by Registry No. Filmar Bldg. 05/16/2011. and that such messenger I served upon the counsel of adverse party and other parties.

Jaime G. 021646544 issued on April 12. _____ Book No. Atty.SUMMARY PROCEEDINGS SUBSCRIBED AND SWORN to before me this 15th day of April 2012 at Quezon City. Roll of Attorneys No.C. _____ Series of 2012 288 | P a g e . 1995. Philippines and SSS No. affiant appearing before me with his CTC No. I-453781 Doc.C. 56922 MCLE Compliance No. 2012 PTR No. 0478057/1-25-12/Q. ______ Page No. IBP No. No. 2012 at Quezon City. 12-004111298 issued on January 12. Philippines. Robelza Notary Public Until December 31. 789524/1-25-12/Q.

Re: ISSUES TO BE RESOLVED BY THE HONORABLE COURT 1. October and November. 2. Defendant. P. That defendant pay all back rental with 12% interest thereon per annum for the months of September. x------------------------------------------------------------------------------------------------x PRE-TRIAL BRIEF of the PLAINTIFF Re: AMICABLE SETTLEMENT The plaintiff is willing to settle the litigation with the defendant under the following minimum conditions: 1. Whether defendant should pay the plaintiff all back rental for the former’s illegal entry. Re: CLAIMS OF THE PLAINTIFF Briefly the salient claims of the plaintiff in this case are as follows: 1. MANDALUYONG CITY Teodora Malvar. What other damages and their just and equitable amounts which defendant should pay the plaintiff on account of the former’s unlawful acts. BRANCH 58 CITY HALL. plaintiff and defendant entered into a contract of lease of Apartment No.: 14344 For: Unlawful detainer Vittorio Rasca. Mandaluyong 289 | P a g e . 2010. On January 31. Plaintiff versus S. Civil Case No. occupation and use of the latter’s property? 2. 4 located at Halcon St. Other terms and conditions of the amicable settlement may be negotiated.SUMMARY PROCEEDINGS REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT NCJR. 2011.

Quezon City Roll of Attorney No. Despite repeated demands of the plaintiff. Scout Borromeo. 2012. 05/16/2011. 11170 IBP No.SUMMARY PROCEEDINGS City. Re: DATE OF HEARINGS The plaintiff would probably need four (4) to five (5) days of hearings to conclude the presentation of their evident in chief. April 30. Q. 1119427. 2. Filmar Bldg.00.000. as well their earnest and utmost efforts to reach a reasonable compromise and amicable settlement of the dispute. C. 141862. Atty. I-14572 Copy furnished: Atty. 03/04/12. 3rd Floor. of legal age and having been duly sworn depose and say: 290 | P a g e . whereby defendant leased from plaintiff the latter’s apartment building for a period of two (2) years at the monthly rental of P15. MCLE Compliance No. Crisanta Losig. Starmall Bldg. Ground Floor. JONATHAN delos SANTOS Counsel for Plaintiff Suite 34. payable in the first week of every month at plaintiff’s place of residence. C. Q. PTR No. the defendant adamantly thwarted every such effort of the plaintiff and even arrogantly dared the latter to sue him (defendant) in court. Mandaluyong City AFFIDAVIT OF SERVICE BY REGISTERED MAIL I.. Quezon City for Mandaluyong City. Joyce Zedal Counsel for Defendant Room 88. thereby causing the plaintiff to suffer damages and incur litigation expenses and attorney’s fees to protect their interest.

Vittorio Rasca. 1 Series of 2012 291 | P a g e . Philippines. ____. I-453781 Doc. 12-004111298 issued on January 12. Civil Case No. Jonathan delos Santos. 2012 PTR No. 2012 at Quezon City. Jaime G. 1995. IBP No. Roll of Attorneys No. counsel for Teodora Malvar by registered mail by depositing the copy in the post office in sealed envelope. 2012. with postage fully prepaid. and with instruction to the postmaster to return the mail to the sender after ten days if undelivered. plainly addressed to the party or counsel at his office. I have signed this affidavit this April 30.C. Crisanta Losig Affiant SUBSCRIBED AND SWORN to before me this 30th day of April 2012 at Quezon City. 56922 MCLE Compliance No.SUMMARY PROCEEDINGS That I am the messenger of Atty. Philippines. Robelza Notary Public Until December 31. this 30th day of April. as shown by Registry No. counsel for Teodora Malvar in the cases entited Teodora Malvar vs. 021646544 issued on April 12. 2012 of the post office of Quezon City. as follows: Atty. 789524/1-25-12/Q. ____ dated April 30. the pleading in said case. IN WITNESS WHEREOF. and that such messenger I served upon the counsel of adverse party and other parties. No. Jonathan delos Santos. Atty. 0478057/1-25-12/Q. Philippines and SSS No.C. affiant appearing before me with his CTC No. 12 Page No. 2012 at Quezon City. 33 Book No.

to this Honorable Court. Plaintiff versus S. October and November 2011 has been paid through the three (3) months deposit given by defendant to plaintif. x------------------------------------------------------------------------------------------------x PRE-TRIAL BRIEF of the DEFENDANT DEFENDANT. 292 | P a g e . Philippines. POSSIBLE AMICABLE SETTLEMENT Plaintiff is willing to sit down and discuss the possibility of amicable settlement of the case with the defendant. Civil Case No.: 14344 For: Unlawful detainer Vittorio Rasca. ISSUE Whether or not plaintiff has the right to claim back rental from defendant? APPLICABLE LAWS AND JURISPRUDENCE Law on Obligations and Contracts Other Supreme Court decisions on the matter. BRANCH 58 CITY HALL. P. MANDALUYONG CITY Teodora Malvar. 2012. through counsel. April 27.SUMMARY PROCEEDINGS REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT NCJR. respectfully submits the following Pre-trial brief: NATURE OF THE CASE AND STATEMENT OF THE FACTS The alleged non payment of rentals for the months of September. Mandaluyong City. Defendant.

and that such messenger I served upon the counsel of adverse party and other parties. the pleading in said case. Leslie Jordan Affiant 293 | P a g e . and with instruction to the postmaster to return the mail to the sender after ten days if undelivered. Philippines. 53014 IBP No. IN WITNESS WHEREOF. 2012 at Mandaluyong City. Leslie Jordan. Scout Borromeo. Vittorio Rasca. 3rd Floor. plainly addressed to the party or counsel at his office.. with postage fully prepaid. JONATHAN delos SANTOS Counsel for Plaintiff Suite 34. as shown by Registry No. 2012 of the post office of Mandaluyong City. as follows: Atty. JOYCE ZEDAL Counsel for Defendant Room 88. of legal age and having been duly sworn depose and say: That I am the messenger of Atty. Starmall Bldg. 304701/1-14-12/Mandaluyong City MCLE Compliance No. counsel for Vittorio Rasca in the cases entited Teodora Malvar vs. this 27 th day of April 2012. I-16320 Copy furnished: Atty. 521098/1-14-12/Mandaluyong City PTR No. Counsel for Teodora Malvar by registered mail by depositing the copy in the post office in Batangas City sealed envelope. Joyce Zedal. Mandaluyong City Roll of Attorneys No. Quezon City AFFIDAVIT OF SERVICE BY REGISTERED MAIL I. Filmar Bldg. I have signed this affidavit this 27th day of April. Jonathan delos Santos. Ground Floor.SUMMARY PROCEEDINGS Atty. ___ dated April 27.

1995. Philippines and SSS No. 1428067/ 1-30-12/Mandaluyong City IBP No. No. 2011 at Mandaluyong City. 021646544 issued on April 12. 12 Page No. Philippines.SUMMARY PROCEEDINGS SUBSCRIBED AND SWORN to before me this 27th day of April. I-454681 Doc. Atty. 33 Book No. affiant appearing before me with his CTC No. 2012 PTR No. 1 Series of 2012 294 | P a g e . Andrea May T. 92278 MCLE Compliance No. 1298 issued on December 2. Tesan Notary Public Until December 31. 896024/1-16-12/ Mandaluyong City Roll of Attorneys No. 2012 at Mandaluyong City.

he was compelled to engage the services of counsel to protect 295 | P a g e . x------------------------------------------------------------------------------------------------x MEMORANDUM for the DEFENDANT DEFENDANT. BRANCH 58 CITY HALL. that due to the unlawful and unjust acts of the defendant. plaintiff claim non-payment of rentals by the defendant as stipulated in the contract of lease entered into by the parties. And despite utmost and earnest efforts and demands made by the plaintiff for a reasonable compromise and amicable settlement of payment of back rentals to the extent that she even sought the intervention and mediation of the barangay authorities in the place. the Lupon Tagapamayapa of the Barangay issued a Certification to file the corresponding complaint in Court.SUMMARY PROCEEDINGS REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT NCJR. through the undersigned counsel and to this Honorable Court most respectfully file the instant MEMORANDUM in support of the case. he suffered untold worries and mental anguish.: 14344 For: Unlawful detainer Vittorio Rasca. consequently. Plaintiff versus S. MANDALUYONG CITY Teodora Malvar. plaintiff suffered damages in the amount set forth in the complaint. thus – FACTS OF THE CASE In the complaint. P. Defendant. WHETHER OR NOT THE DEFENDANT IS LIABLE FOR BACK RENTALS As a consequence of the plaintiff’s action in filing this baseless and unfounded complaint in Court. Civil Case No. but to no avail.

premises considered. Mandaluyong City Roll of Attorneys No. Ground Floor. it is but proper that plaintiff be assessed and ordered to pay the defendant damages in such amount this Honorable Court may find just and equitable. Starmall Bldg. I-16320 Copy furnished: Atty.. Quezon City 296 | P a g e . Filmar Bldg. it is most respectfully prayed of this Honorable Court that plaintiff’s complaint be DISMISSED and to adjudged plaintiff to pay the defendant damages this Honorable Court may find just and equitable. Philippines. 2012. it is prayed that a pronouncement be rendered declaring the defendant as owner of the property in question. 53014 IBP No. in line with the defendant’s prayer for other just and equitable relief. thus incurred litigation expenses. May 12. 521098/1-14-12/Mandaluyong City PTR No. 304701/1-14-12/Mandaluyong City MCLE Compliance No. Mandaluyong City. Moreover. RESPECTFULLY SUBMITTED. WHEREFORE. and for this reason. Scout Borromeo. Atty. 3rd Floor.SUMMARY PROCEEDINGS his rights and interest. JONATHAN delos SANTOS Counsel for Plaintiff Suite 34. JOYCE ZEDAL Counsel for Defendant Room 88.

896024/1-16-12/ Mandaluyong City Roll of Attorneys No. of legal age and having been duly sworn depose and say: That I am the messenger of Atty. with postage fully prepaid. ___ dated May 12. Philippines and SSS No. 2012 of the post office of Mandaluyong City. 1 Series of 2012 297 | P a g e . Jonathan delos Santos. No. 12 Page No. 2011 at Mandaluyong City. affiant appearing before me with his CTC No. this 12 th day of May 2012. and with instruction to the postmaster to return the mail to the sender after ten days if undelivered. counsel for Vittorio Rasca in the cases entited Teodora Malvar vs. Joyce Zedal. the pleading in said case. Counsel for Teodora Malvar by registered mail by depositing the copy in the post office in Mandaluyong City sealed envelope. I-454681 Doc. 33 Book No. 1298 issued on December 2. 1428067/ 1-30-12/Mandaluyong City IBP No. plainly addressed to the party or counsel at his office. Tesan Notary Public Until December 31. 2012 at Mandaluyong City. 1995. 2012 at Mandaluyong City. Philippines. Andrea May T. Leslie Jordan. IN WITNESS WHEREOF. Atty. Vittorio Rasca. Philippines. I have signed this affidavit this 12th day of May.SUMMARY PROCEEDINGS AFFIDAVIT OF SERVICE BY REGISTERED MAIL I. as shown by Registry No. as follows: Atty. and that such messenger I served upon the counsel of adverse party and other parties. 92278 MCLE Compliance No. Leslie Jordan Affiant SUBSCRIBED AND SWORN to before me this 12th day of May. 2012 PTR No. 021646544 issued on April 12.

STIPULATED ISSUE AT THE PRE-TRIAL Back rental payment by the defendant to plaintiff for the months of September. 2010. 298 | P a g e .00. 4 located at Halcon St. payable in the first week of every month at plaintiff’s place of residence. VI. FACTUAL SETTING OF THE CASE On January 31. STATEMENT OF THE CASE This is a case of unlawful detainer involving Apartment No. plaintiff and defendant entered into a contract of lease of Apartment No.000. Civil Case No. BRANCH 58 CITY HALL. 4 located at Halcon St. MANDALUYONG CITY Teodora Malvar. Defendant. Plaintiff versus S.SUMMARY PROCEEDINGS REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT NCJR. 2011 VII. whereby defendant leased from plaintiff the latter’s apartment building for a period of two (2) years at the monthly rental of P15.: 14344 For: Unlawful detainer Vittorio Rasca. Mandaluyong City. 2010. x------------------------------------------------------------------------------------------------x MEMORANDUM for the PLAINTIFF V. P. October and November. defendant took occupancy of the apartment on March 1. By virtue of the lease contract. Copy of said lease contract is attached hereto as Annex “A”. Mandaluyong City.

ordering defendant and all those occupying the leased premises to vate 299 | P a g e . Copy of said demand letter. As a result of defendant’s refusal to pay his monthly rentals in September. ARGUMENTS Plaintiff respectfully submits that because of the clear and convincing preponderance of evidence has heavily tilted the scale on her side. Plaintiff suffered damages by reason of defendant’s breach of the lease contract not only of the monthly rental of P15. as defendant adamantly refused to vacate the premises. October and November of year 2011.000. copy of which certificate is attached hereto as Annex “C”. with 12% interests thereon per annum. but notwithstanding which defendant refused and still refuses not only to pay all back rentals but also to vacate the leased premises.00. the basic issue of this litigation must per force be resolved in her favor. constraining the Lupon Tagapamayapa to issue a certificate to file the instant complaint. he failed to pay his rentals in September. 2011. Plaintiff filed a complaint with the Office of Tagapamayapa. 2011.000.00 beginning September. until he is eventually ejected therefrom but also expenses of litigation and attorney’s fees of P50. plaintiff formally wrote defendant in December 2011 asking him to pay all back rentals and to immediately vacate the leased premises.SUMMARY PROCEEDINGS While defendant was up-to-date in the payment of his rentals at the beginning of the lease. which defendant received on December 15. attached hereto as Annex “B” and made an integral part of this complaint. but efforts of the latter proved futile. notwithstanding demands. VIII. WHEREFORE. plaintiff respectfully prays for judgment in her favor. October and November of year 2011.

Scout Borromeo. Q. Crisanta Losig. 1119427.00. until he shall have vacated the place. 141862. of legal age and having been duly sworn depose and say: That I am the messenger of Atty.000. and to pay rentals of P15. 3rd Floor. 03/04/12. the pleading in said case. 2011.. Jonathan delos Santos. to return possession thereof to plaintiff. Joyce Zedal Counsel for Defendant Room 88. Starmall Bldg. PTR No. and that such messenger I served upon the counsel of adverse party and other parties. Atty. Ground Floor. 2012. Jonathan delos Santos. counsel for Teodora Malvar by registered mail by depositing the copy in the post 300 | P a g e . starting September.SUMMARY PROCEEDINGS the premises. I-14572 Copy furnished: Atty. as follows: Atty. C. Philippines. Civil Case No. Quezon City for Mandaluyong City. MCLE Compliance No. JONATHAN delos SANTOS Counsel for Plaintiff Suite 34. Vittorio Rasca. ____. 05/16/2011. Q.00 monthly with 12% interest thereon. C. May 15. Filmar Bldg. plus damages and expenses of litigation of P50. 11170 IBP No.000. counsel for Teodora Malvar in the cases entited Teodora Malvar vs. Quezon City Roll of Attorney No. Mandaluyong City AFFIDAVIT OF SERVICE BY REGISTERED MAIL I. as well as such other reliefs as may be just and equitable in the premises.

11 Page No. and with instruction to the postmaster to return the mail to the sender after ten days if undelivered. 0478057/1-25-12/Q. No. 021646544 issued on April 12. affiant appearing before me with his CTC No.C. Atty. 56922 MCLE Compliance No. 2012 at Quezon City. as shown by Registry No. ___ dated May 15.SUMMARY PROCEEDINGS office in sealed envelope. 12-004111298 issued on January 12. Jaime G. I-453781 Doc. Crisanta Losig Affiant SUBSCRIBED AND SWORN to before me this 15th day of May. IN WITNESS WHEREOF. Philippines. Roll of Attorneys No.C. 88 Series of 2012 301 | P a g e . 1995. plainly addressed to the party or counsel at his office. 2012 PTR No. IBP No. 2012 at Quezon City. 789524/1-25-12/Q. 2012. 22 Book No. 2012 of the post office of Quezon City. Philippines and SSS No. I have signed this affidavit this May 15. with postage fully prepaid. 2012 at Quezon City. Philippines. Robelza Notary Public Until December 31. this 15th day of May.

302 | P a g e . Defendant. Filipino and with address at Commercial Stall No. ATSARA. Copy of the Special Power of Attorney of Maribeth C. Ver cor S. Plaintiff. Pasig City. 2012-01 For: EJECTMENT COMPLAINT PLAINTIFF.SUMMARY PROCEEDINGS Republic of the Philippines METROPOLITAN TRIAL COURT National Capital Judicial Region Branch 45. Manalo cor. Atsara. Puligsa Market complex. TAG-AT and all other persons claiming rights under him. Malabo. 2. Filipino and with address at F. Magre Commercial Center (formerly Lakwatsa Market). 69 A. Pasig City. of legal age. most respectfully states: 1. Antonio St. Defendant is of legal age. Epimaco Ave. -versusROMARIO D. by its undersigned counsel. Pasig City CERES MANPOWER & TRANSPORT SERVICES Represented by MARIBETH C. Plaintiff CERES MANPOWER & TRANSPORT SERVICES is a single proprietorship organized and existing under Philippine laws with office located at F. Gavino is hereto attached as Annex “A”. x----------------------------------------------------------x CIVIL CASE NO.. married. and is represented in this action by MARIBETH C. Pasig City. Barrera Sts. where he may be served with summons and other processes of this Honorable Court. Malinao... Malinao. unto this Honorable Court. F.

plaintiff verbally demanded from defendant that he pay the rentals-inarrears and vacate the leased premises. Defendant is a sub-lessee/tenant under a verbal sublease contract of commercial stalls for rent within the Magre Commercial Center. 69-A from PhP 200. which defendant ignored and refused. Previously. 9. high power rates. In view of the escalating costs of building maintenance.00 to PhP 275. 2003. 8. Copy of the Katibayan Upang Makadulog sa Hukuman is hereto attached as Annex “D”. Defendant was notified by plaintiff in advance of the latter’s intention to increase the rentals of Commercial Stall No.00 per day beginning February 11. 4.. 6. 10. 7. but no settlement was reached by the parties. 303 | P a g e . and used as franchised private market located at Velasco Ave. plaintiff was compelled to increase the rentals of the stalls for rent within the Magre Commercial Center. Malinao. plaintiff brought the matter before the Katarungang Barangay. Defendant failed and refused to pay the new rentals for the stall he was leasing in the amount of PhP 275. Caruncho Market Complex. Inc. taxes and fees. manpower and related operating expenses and the annual escalation clause in plaintiff’s Contract of Lease. 5. Due to defendant’s failure and refusal to pay the stall rentals. specifically Commercial Stall No. Copy of plaintiff’s Contract of Lease dated February 4.SUMMARY PROCEEDINGS 3. 69-A was PhP 200. Copy of the said letter is hereto attached as Annex “C”. Plaintiff is the lessee of the commercial lot and building known as the Magre Commercial Center (formerly Lakwatsa Market) owned by the Gerry Commercial.00 per day and the said rental rate has been the rent for the said commercial stall since August 1997. 69-A.00 daily starting January 1. By reason of defendant’s continued failure and refusal to vacate the leased premises and pay the rentals-in-arrears. 2000 is hereto attached as Annex “B”. Pasig City. the agreed rentals for Commercial Stall No. 2004 with a demand to vacate the leased premises if she is not agreeable to the new rental rate in a letter dated November 1. 2002.

480. As of May 1. Rentals for Jan.00 d. b.00 as appearance fee per hearing and incur litigation expenses in the amount of PhP 20.000.00 as appearance fee per hearing. As a result of defendant’s unjustified refusal to comply with plaintiff’s valid demand. 1-31.00 as litigation expenses.00 c.00 12.000. Rentals for March 1-31. just and equitable in the premises. judgment be rendered as follows: a. June 12.00 TOTAL PhP 29. 4) Costs of suit.000. premises considered.00 as unpaid rentals as of May 1. defendant has rentals-in-arrears amounting to PhP 29. Rentals for April 1-30. i.00.125.900. Commercial Stall No.000. 3) PhP 20.00 as Attorney’s fees and PhP 2.000. 2003. 2003 3.00 per day as reasonable rentals for the use and occupation of Commercial Stall No.1-28. are likewise prayed for. Ordering defendant and all other persons claiming rights under him to vacate the leased premises. 2003 PhP 6. 2003 until the leased premises is actually vacated and possession thereof returned to plaintiff.SUMMARY PROCEEDINGS 11.00 broken down as follows: a. WHEREFORE.00 b. and PhP 20.000. Rentals for Feb. 2003 6. plaintiff most respectfully prays of this Honorable Court that after. 2003 5. 69-A from May 1. Other reliefs and remedies. Ordering defendant to pay plaintiff the following: 1) PhP 29. 2) PhP 275.e. plaintiff was compelled to litigate and engage the services of counsel for an agreed fee of PhP 20. Pasig City. due notice and hearing. 304 | P a g e . and. 69A at the Magre Commercial Center.000.050. 2003. 2003.000.000.00 for and as Attorney’s fees and PhP 2.

08. 2003. 4. under oath. Heleina Marga Manunoz Notary Public Until Dec.32 Book No. Tax Cert.2002-Pasig City IBP # 561338-1. of legal age. No. depose and state that: 1. Affiant exhibited to me her Comm. 2012 PTR No. No. Atsara. 305 | P a g e . 2003 at Pasig City. MARIBETH C. 31. Pasig City PTR #0214237-1. MARIBETH C. plaintiff in the above-entitled case. 21194906 issued on February 18. 2. I have read the same and the contents thereof are true and correct of my own knowledge and the Annexes thereto are authentic.04. I undertake to inform this Honorable Office within five (5) days from notice.25 Series of 2011 Series of 2003. If I should learn that another such action or proceeding is filed or is pending with other courts or agencies.2002-Rizal VERIFICATION AND CERTIFICATION I. WITNESS MY HAND AND SEAL. Pasig City. 2011 At: Metro Manila Doc. 5. 118 M.R. I caused the preparation of the foregoing complaint. Street (Gagamba Floodway) Santolan. 2003 at Pasig City. I am the Assistant Administration Officer of Ceres Manpower & Transport Services. the Court of Appeals or any other court or agency.SUMMARY PROCEEDINGS Isabel Rivas Counsel for Plaintiff No. June 12. 3.2 Page No.R. 4563747 Issued: January 15. Atsara Affiant SUBSCRIBED AND SWORN to before me this 12th day of June. There is no other action or proceeding involving the same parties and issues has been filed or is pending before the Supreme Court.

Plaintiff. ------------------------------------ 306 | P a g e . x--------------------------------------------------x POSITION PAPER =============== DEFENDANT.SUMMARY PROCEEDINGS Republic of the Philippines METROPOLITAN TRIAL COURT National Capital Judicial Region Branch 45. respectfully submits the following Position Paper and states that: STATEMENT OF FACTS AND OF THE CASE ----------------------------------CIVIL CASE NO. DISCUSSIONS/ARGUMENT ---------------------------------------The defendant is the lawful possessor of the lot subjectmatter of this case. Pasig City CERES MANPOWER & TRANSPORT SERVICES Represented by MARIBETH C. The defendant was never made aware of any such thing. Sometime in 2004 . through counsel. Plaintiff mad a verbal claim w of the increase in rent brought about by the escalating cost of maintaining the property. TAG-AT and all other persons claiming rights under him. no letter was given by the plaintiff ISSUES ---------The defendant humbly submits that the sole issue to be resolved herein is whether the plaintiff is entitled to eject the defendant from the lot subject-matter of this case. 2012-01 For: EJECTMENT The plaintiff and the defendant were lessee and lessor of a property situated in stall 69-A at Magra Commercial Center. Defendant. -versusROMARIO D. ATSARA.

strategy. the sole issue to be determined is the right of the parties to the possession of the lot subject of litigation. intimidation. that is why it is a special civil action with a special procedure. rule 70 of the Rules of Court.” „What determines the cause of action is the nature of defendant‟s entry into the land. Title is not involved. the entry is legal but the possession thereafter 307 | P a g e . Court of Appeals. the possession was originally lawful but became unlawful by the expiration or termination of the right to possess. 326 SCRA 755. If. In forcible entry. In Go. then the action which may be filed against the intruder within one year therefrom is forcible entry.SUMMARY PROCEEDINGS In an ejectment case. Jr. or stealth. the defendant is in actual possession and the plaintiff‟s cause of action is the termination of the defendant‟s right to continue in possession. Only de facto possession is involved in ejectment cases. If the entry is illegal. one is deprived of physical possession of land or building by means of force. The summary actions for forcible entry and unlawful detainer are distinguished from each other as follows: „Forcible entry and unlawful detainer cases are two distinct actions defined in Section 1. the Supreme Court held: “Ejectment cases are summary proceedings intended to provide an expeditious means of protecting actual possession or right of possession of property. The only issue to be resolved in ejectment cases is the question as to who is entitled to the physical or material possession of the premises possession de facto. threat. 767. in such action. In unlawful detainer. on the other hand. hence the issue of rightful possession is decisive for. In unlawful detainer. vs. one unlawfully withholds possession thereof after the expiration or termination of his right to hold possession is illegal from the beginning and the basic inquiry centers on who has the prior possession de facto.

the defendant is likewise entitled to recover attorney‟s fees equivalent to P50. the plaintiff evidently acted in a wanton and fraudulent manner by pretending to own the lot subject-matter of this case thereby entitling the defendant to recover exemplary damages reasonably valued at P20. anxiety and similar injuries (Please see: Francisco vs. Ferrer. In view of the filing of this baseless suit. Jr. which damages are attributable directly to the malicious and unlawful act of the plaintiff..SUMMARY PROCEEDINGS became illegal. In filing this baseless complaint. considering that the defendant was forced to engage the services of a lawyer and to litigate to defend his right and interest over the subject property. sleepless nights. The plaintiff has not shown any right whatsoever to entitle to file this case. he suffered besmirched reputation. embarrassment. the case is one of unlawful detainer which must be filed within one year from the date of the last demand. ---------------------------------------------A litigant is entitled to recover moral damages when it is shown that by the unlawful act or omission of the other party.00. Under the circumstances. anxiety and embarrassment.‟” (Emphasis supplied) The defendant is entitled to recover moral and exemplary damages as well as attorney’s fees. Moreover.00. 353 SCRA 261). 308 | P a g e . it is undeniable that the instant case was filed for the purpose of harassing the defendant and for the plaintiff to gain possession of the lot subject-matter of this case. the defendant suffered sleepless nights.000.000. the defendant is entitled to recover moral damages reasonable valued at P50.00.000. In this case.

ROMARIO D. it is respectfully prayed of this Honorable Court that the instant Complaint be dismissed. (c) IN WITNESS WHEREOF. Ermita 1000 Manila VERIFICATION REPUBLIC OF THE PHILIPPINES) _____________________________ )S. 2012. Exemplary damages in the amount of P20.SUMMARY PROCEEDINGS PRAYER WHEREFORE. San Juan. and that a judgment be rendered on the defendant‟s counterclaim directing the plaintiff to pay to the defendant: Moral damages in the amount of P50.000. I. Metro Manila. and having read the same. ROMARIO D. do hereby depose and state that: (a) (b) I am the petitioner in the above-entitled case. I affixed my signature on this 20th day of August 2012.000. TAG-AT Affiant 309 | P a g e .00.00. All the material allegations of fact contained therein are true of my own personal knowledge and authentic records.000. I caused the preparation of the foregoing Position Paper. I know the contents thereof.00. ATTY. TAG-AT. Greenhills. and Attorney‟s fees in the amount of P50.S. August 20. under oath. Lauris Cajoy Mabini Law Office Penthouse De Palma Lodging 1945 Singalong St.

12344-44 Heleina Marga Manunoz Notary Public Until Dec. 31. 4563747 Issued: January 15.2002-Rizal 310 | P a g e .32 Book No. 2012 PTR No.R. 2011 At: Metro Manila Doc.04.25 Series of 2011 Copy furnished: Isabel Rivas Counsel for Plaintiff No. Pasig City PTR #0214237-1.08. No. Street (Gagamba Floodway) Santolan.2002-Pasig City IBP # 561338-1.R.2 Page No.SUMMARY PROCEEDINGS SUBSCRIBED AND SWORN TO before me on this 20th day of August 2012 by the affiant who exhibited to me his Driver‟s License No. 118 M.

2012-01 For: EJECTMENT PRE-TRIAL BRIEF ================ PLAINTIFF. specifically Commercial Stall No. Defendant. 69-A covered by same property is presently registered in the name of the plaintiff and her sister Leticia T. Pasig City CERES MANPOWER & TRANSPORT SERVICES Represented by MARIBETH C. respectfully submits her Pre-Trial Brief and states that: BRIEF STATEMENT OF CLAIMS AND DEFENSES -------------------------------------------- This is an action for ejectment filed by the plaintiff against the defendants. -versusROMARIO D.SUMMARY PROCEEDINGS Republic of the Philippines METROPOLITAN TRIAL COURT National Capital Judicial Region Branch 45. TAG-AT and all other persons claiming rights under him. x-------------------------------------------------------------x CIVIL CASE NO. 311 | P a g e . the defendants were already staying at the said property. At the time of the lease. The property subject of this case is a portion of a lot located Magre Commercial Center. De Dios. through counsel. Plaintiff. ATSARA.

2. TESTIMONIAL EVIDENCE ----------------------------------------- The plaintiff will be presented to testify on the circumstances relative to her causes of actions.00 daily starting January 1.SUMMARY PROCEEDINGS Defendant was notified by plaintiff in advance of the latter’s intention to increase the rentals of Commercial Stall No. 2002. That the matter was submitted to the Barangay for conciliation. Whether or not the plaintiff can eject the defendants. Copy of the said letter is hereto attached as Annex “A”. POSSIBILITY OF AMICABLE SETTLEMENT AND OF REFERRAL TO ALTERNATIVE MODE OF DISPUTE RESOLUTION ------------------------------------------------------------- The plaintiff is willing to explore the possibility of settlement under reasonable terms and conditions. 312 | P a g e . 2003. 2004 with a demand to vacate the leased premises if she is not agreeable to the new rental rate in a letter dated November 1. 69-A from PhP 200. Whether or not the plaintiff is entitled to her monetary claims as prayed for in the Complaint. ISSUES ------------- The plaintiff humbly submits that the issues to be resolved herein are: 1.00 per day beginning February 11. and to refer the case to mediation and to other alternative mode of dispute resolution.00 to PhP 275. Defendant failed and refused to pay the new rentals for the stall he was leasing in the amount of PhP 275. 1.

2002-Pasig City IBP # 561338-1.R. 118 M.2002-Rizal Copy furnished: ATTY. 1. Isabel Rivas Counsel for Plaintiff No. AVAILABLE TRIAL DATES -----------------------------------------The undersigned counsel will inform this Honorable Court of his available trial dates during the pre-trial conference.08. Quezon City. Pasig City PTR #0214237-1.04. Lauris Cajoy Mabini Law Office Penthouse De Palma Lodging 1945 Singalong St. Copy of Letter The plaintiff reserves the right to present additional Exhibits as may become necessary in the course of the proceedings.SUMMARY PROCEEDINGS The plaintiff reserves the right to present additional witnesses as may become necessary in the course of the proceedings. Street (Gagamba Floodway) Santolan. RESPECTFULLY SUBMITTED. -----------------------------------------Exhibit “A”. 313 | P a g e . July 12.R. 2012. the foregoing Pre-Trial Brief was SERVED through registered mail. Ermita 1000 Manila For lack of messenger and for lack of material time.