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REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT


City of Mandaluyong
Branch 1
DANIEL PADILLA,
Plaintiff,
CIVIL CASE NO:
FOR: UNLAWFUL DETAINER
-VERSUSKATHRINE BERNARDO,
Defendant.
X---------------------------X
POSITION PAPER FOR THE PLAINTIFF
COMES NOW, Defendant assisted by through the undersigned counsel
unto this Honorable Court most respectfully submits his position paper:
BRIEF STATEMENT OF THE CASE
This a civil case for UNLAWFUL DETAINER filed by the Plaintiff
against the Defendant for occupying a house located Mandaluyong City.
Allegedly owned by the Plaintiff by virtue of a Lease of Contract.
FACTS OF THE CASE
Defendant is a lessee of Mr. Daniel Padilla the known owner of the land
located at Mandaluyong City and ever since he started living in such place has
not been paying rent to the former. (February 2015 up to present).
That sometime on November 2014, Ms. Kathrine Bernardo inquired to rent the
subject property in which Mr. Padilla agreed to in consideration of monthly
payments of rent amounting to P5,000 a month for 1 year. Copy of the Lease of
Contract is hereto attached as Annex B. Came the month of February the Lessee
has stopped making payments to the Lessor up to the present time. On May
2015 the Lessor sent a copy of the Demand Letter is hereto attached as Annex
B.
Mr. Padilla have made repeated attempts to collect but the Lessee refused
to make the payments forcing the owner of the subject property to file a case in
the Barangay however no settlement was reached, Thus compelling the Plaintiff
to file a case in Court. A copy of the Certificate to file Action is hereto attached
as Annex D.

ISSUES
Whether or not the Defendant incurred delays in the payment of rental
dues.

DISCUSSION AND ARGUMENTS


The property is in the possession of the DEFENDANT by virtue of a lease
contract and by violating the contract because of non-payment the contract
became void thus giving the OWNER the right to possess the property. The
DEFENDANT admits that he is not paying the rental of the unit to the rightful
owner. Hence, there was no payment being made and by virtue of the Demand
Letter the payment became due and demandable.
Since the filing of the complaint, plaintiff has always asserted that he is
the OWNER of the said property and by this reason alone claims the right to
possess the rental dues. Plaintiffs right to possess the said dues hinges from the
Lease of Contract made by the Plaintiff himself of the property.
After a careful perusal of claims and defenses of both parties the case
pending before the Honorable Court is clearly a question of if the defendant has
incurred delays in the payment of rental dues.
The Constitution states that No person shall be deprived of life, liberty, or
property. Thus, by the virtue of the Constitution, our claim is levered on this
provision.
P R AYE R
WHEREFORE, it is most respectfully prayed before this Honorable Court
that the liabilities imposed by the plaintiff be paid by the Defendant includin
interest.
Other reliefs just and equitable under the premises are likewise prayed for.
RESPECTFULLY SUBMITTED.
Quezon City, August 28, 2011.

ABAD LAW OFFICE


Counsel for the Plaintiff
Victoria Court, Room 2
Pasig City
By:
La Verne A. Abad
Roll of Attorney No. 00001
IBP No. 12345/2-5-12/Manila
PTR No. 87654/12-22-11/Manila
MCLE Compliance Certificate No. 00001/ 1/1/2015/Manila

Copy Furnished:
Atty. Jeare Agra Counsel for the Defendant

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

Atty. La Verne A. Abad