Republic of the Philippines

NATIONAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
Branch111 , San Juan City

Margarito Andrada,
Plaintiff,
CIVIL CASE NO:
FOR: UNLAWFUL DETAINER
-VERSUS-

Conrado Tolentino,
Defendant.
X---------------------------X

POSITION PAPER FOR THE DEFENDANT

COMES NOW, Defendant assisted by the Public Attorneys Office

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 San Juan City.
Allegedly owned by the Plaintiff by virtue of a Lease of Contract.

FACTS OF THE CASE

Defendant is a lessee of Mr. Margarito Andrada the known owner of

the land located at San Juan City and ever since he started living in such
place has not been paying rent to the former. (January 2006 up to
present). As proof of the foregoing copies of the receipt are attached
herewith and made an integral part of this position paper as Annex A and B.

That sometime on January 2006, Conrado Tolentino enters stealthily into

my property in San Juan. Mr. Tolentino puts up a small nipa hut and my
friend learned that he is merely encroaching into my property, because he
said that he has no place to live. Being Kind of a person whos prone to
premonitions, we made a Lease of Contract that we agreed on March 08,
2006. Copy of the Lease of Contract is hereto attached as Annex A. As
time pass by, I reminded and I have sent him several letters of demand for
the payments of the rentals but Mr. Conrado Tolentino Have not come
forward yet the money and he never made specific arrangements to pay his
balance. A copy of the Demand Letter is hereto attached as Annex B

The Contract of Lease has already expired and I have

made repeated attempts to collect but he refused to make the
final payment.
I requested him to vacate and just pay the premises but he
take it to grant. Margarito Andrada , is in need of money and
therefore needs the support of the defendant.

ISSUES

Whether or not the plaintiff has the right to compel the defendant
his rental dues.

DISCUSSION AND ARGUMENTS

The plaintiff has no sufficient cause of action against the defendant

for the fact that the case involves a question of OWNERSHIP and
DEFENDANT admits that he is not paying the rental of the unit. Hence the
defendant has no capabilities to pay the said rents.

Since the filing of the complaint, plaintiff has always asserted that
she 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 can or cannot pay his or her liabilities. In case involving question
of OWNERSHIP the court having jurisdiction of the case is the proper
REGIONAL TRIAL COURT as provided for by the Rules.

P R A Y E R
WHEREFORE, it is most respectfully prayed before this Honorable
Court that the liabilities imposed by the plaintiff be minimized for me to be
able to pay his demands .

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

RESPECTFULLY SUBMITTED.

Quezon City, August 28, 2011.

CONRADO TOLENTINO
Defendant

ASSITED BY:

Department of Justice
Public Attorneys Office
 Rm. 107 San Juan City Justice Hall

ATTY. JOHN FERDINEL DELOS REYES

PUBLIC ATTORNEY II
ROLL NO. 51962
IBP NO. 666180 12/28/06 for 07

Copy Furnished:

ATTY. LUIS ALIPIO

Manaloto , Delos Reyes and Associates
Counsel for the Plaintiff
Rm. 103, 2nd Floor, Karen Bldg.,
233 Gen. Ewan St., San Juan City
San Juan City

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. JOHN FERDINEL DELOS REYES