REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL REGION

METROPOLITAN TRIAL COURT
BRANCH 1234, MANILA
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Plaintiff,
-versus-Civil Case No. 5678
For: Unlawful detainer,
damages and
attorneys fees
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2013 copy of which was received February 2, 2013,

respectfully submits this position paper and in
support thereof alleges as follow:

a
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1.0

The case before the bench is a complaint for an

unlawful detainer filed by the petitioner, Gollum
Realty, Inc., against defendant, Collossus
Trading thru its proprietor Celso Mendoza. The
Petitioner respectfully prays for the collection of
arrears, attorneys fees and the cost of suit.

2.0

PARTIES
2.1 Plaintiff is a domestic corporation
dulyorganized in accordance with the
laws of the Republic of the Philippines
with principal business address at
1521 Dapitan St., Sampaloc, Manila. It
may be served with notices and other
legal processes of this Hon. Court,
through its counsel-of-record, ATTY.
MIDAS RIZAL, with office address at
No. 1522, Units 407-408, Prime Edifice
Bldg., Dapitan St., Sampaloc, Manila;
2.2 Defendant is a Filipino doing business
under the name and style of Colossus
Trading
withaddress
at
No.
1524Dapitan St., Sampaloc, Manila.

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3.0 On September 5, 2011, Acme Realty and

defendant entered into a Contract of Lease involving
a commercial building located at 1521 Dapitan St.,
Sampaloc, Manlila, (Hereinafter referred to as the
leased premises)
at P50,000.00 per month
payable within the first five (5) days of every month
for a period of three (3) years. Conformably with the
parties Contract of Lease, defendant was required
to issue 12 postdated checks covering the monthly
rent for one (1) year starting from September 5,
2011. Copies of the Contract of Lease and the 12
Metrobankpostdated checks payable to Acme Realty
are hereto attached as EXHIBITS A and B to
B-11, respectively
and made integral parts
hereof;
3.1 On October 31, 2011, plaintiff
purchased the leased premises from Acme
Realty as well as all the rights, interest,
participation and equity thereto including
its rights over the lessees of the said
leased premises
as a consequence of
which a new title in the name of the
plaintiff was issued in its favor, copies of
the Deed of Sale dated October 31, 2011,
and TCT No. 12345 of the Registry of Deeds
for the City of Manila in the name of the
plaintiff are hereto attached as EXHIBITS
C and D, respectively and made
integral parts hereof;

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3.2 On November 7, 2011, defendant was

served with a copy of plaintiffs letter dated
November 5, 2011, informing him that
plaintiff is already the new owner of the
leased premises and
requested him to
replace the post dated checks which he
issued to Acme Realty with post dated
checks payable to plaintiff. Sadly, despite
receipt thereof, defendant did not issue the
replacement checks. Copy of the letter
dated November 7, 2011, is hereto attached
as EXHIBIT E and made an integral part
hereof;

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3.3 Meanwhile, plaintiff deposited four (4)

Metrobank Checks starting December 5,
2011, duly endorsed by Acme Realty but
all were dishonored on the ground of
STOPPED PAYMENT, copies of the four (4)
dishonored Metrobank checks with stamped
marked STOPPED PAYMENT are hereto
attached as EXHIBITS F to F-3, and
made integral parts hereof;

H
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,
Defendant.
X----------------------------------------------X
POSITION PAPER
PLAINTIFF: by Counsel, to this Honorable Court by
way of compliance with the order dated January 28,

3.4 . On
March 15, 2012, plaintiff
personally served defendant with a copy of
its letter dated March 10, 2012, demanding
him to settle his arrears in the accumulated
amount of
P400,000.00 representing
monthly rentals from December 2011 to
March 2012, as well as to
vacate and
peacefully turn over the possession of the
leased premises to the plaintiff within a
period of 15 days from receipt thereof but

despite the lapsed of the said period,

defendant failed to heed the said demand
letter, copy of which is hereto attached as
EXHIBIT G and made an integral part
hereof;
Hence this complaint for unlawful detainer with
payement of arrears and attorneys fees.
4.0 ISSUES
4.1 Whether or not the plaintiff has a cause
of action and is entitled for claims against
defendant?
4.2 Whether or not the defendant committed
an unlawful detainer?

6.3. Ordering the defendant to pay the

amount of P20,000.00 as and by way of
attorneys fees and costs of suit.
JUST AND EQUITABLE RELIEFS in the premises are
likewise prayed for.
June 15, 2012, Manila (for Quezon City).

MIDAS RIZAL
Roll No. 38057
5.0 ARGUMENTS AND DISCUSSIONS
5.1 In the case of Ocampo vs. Tirona, [G.R.
No.147812. April 6, 2005]:
The elements to be proved and
resolved in unlawful detainer cases are
the FACT OF LEASE and EXPIRATION or
VIOLATION OF ITS TERMS.xxx
The following facts support the conclusion
that there was a violation of the lease
agreement:
5.1.1
With
the
abovementioned factual basis
presented,
the
defendant
entered
to
a
Contract
of
Leasewith Acme Realty and
agreed to pay monthly rents of
P50,000.00.
5.1.2
Plaintiff
informed
defendant through a letter dated
November 5, 2011 that bought
the leased premises, from the
previous owner and lessor Acme
Realty.
5.1.3 Defendants continued
occupancy
of
the
leased
premises signifies defendants
acceptance
of
plaintiffs
conditions of lease stated in the
November 5, 2011 letter.
5.1.4 As of March 2012, the
defendant has not paid its rents
corresponding to December 2011
to March 2012 and continued to
stay at the leased premises
despite the final demand letter
that was sent to them dated
March 10, 2012 which
is
analogous to violation of terms
and condition of the contract.

IBP No. 706723:1-5-12

PTR

MCLE Exemption No. IV 000440:112-12

Manila III

71/731-81

Off.

Tel

Nos.

731-48-17/731-81-

Units 407-408, Prime Edifice Bldg.,

Dapitan St., Sampaloc, Manila;

5.2 It was also decided by the Supreme

Court in the case ofMirasol v. Magsuci, et al.
[124 Phil. 1428 (1966)].
That the sale of a leased property
places the vendee into the shoes of the
original lessor to whom the lessee
bound himself to pay. The vendee
acquires the right to evict the lessee
from the premises and to recover the
unpaid rentals after the vendee had
notified the lessee that he had bought
the leased property and that the
rentals on it should be paid to him, and
the lessee refused to comply with the
demand.xxxx
6.0 PRAYERS/ RELIEFS
6.1. Defendant, and all persons claiming rights
under him,
be ordered to vacate
and turn
over the leased premises to plaintiff;
6.2. Ordering defendant to pay plaintiff the
amount of P400,000.00 representing arrears
from December 2011 to March 2012 and the
amount of P60,00.00 per month starting
April 2012, until after he finally vacates the
leased premises.

No.

8235965:1-5-12

VERIFICATION
Marcelo Pilar, under oath deposes and says that:
1.0. He is the President of Gollum Realty
Development Corp. (Gollum) and he was
duly authorized to act for and in behalf of
the company to file the present complaint
against defendant on the strength of the
Secretarys Certificate dated April 13, 2012,
copy of
which
is hereto attached as

ANNEX H
hereof;

and made an integral part

MARIA ROSARIO

2.0. He, for and in behalf of Gollum, has

caused the preparation of the foregoing
complaint and he has read the allegations
contained therein and that they are true
and correct of his own personal knowledge
and
that
they
are
based
on
authentic/genuine documents;
IN WITNESS WHEREOF, he has hereunto affix his
signature on this 14th day of April 2012, in the City
of Manila.

Notary Public
Until December 31, 2012
PTR No. 23425:1-3-12
IBP No. 648340:1-5-12
Tretorn Plaza, Espana, Manila
Notarial Commission No. 5242325

JUAN DE LA CRUZ
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME this 14 TH
day April 2012. Affiant presented to me his Senior
Citizens ID No. 29986 issued on March 3, 2011.

Doc. No. 34;

Page No. 64;
Book No. I
Series of 2012