Republic of the Philippines

Municipal Trial Court in Cities

12TH Judicial Region
Cotabato City

MARIA U. OZAWA, CIVIL CASE NO.: 001

Plaintiff,
-versus- -for-

HERMIE T. BAGWIS UNLAWFUL DETAINER

Defendant.

x---------------------------------x

MEMORANDUM

COMES NOW PLAINTIFF, through counsel, unto this Honorable

Court most respectfully submit and present this Memorandum in the above-
titled case and aver that:

STATEMENT OF THE CASE

This is a civil case for Unlawful Detainer instituted by the herein

Plaintiff MARIA U. OZAWA on February 24, 2020 against the herein
defendant HERMIE T. BAGWIS. The defendant filed an answer.

THE FACTS OF THE CASE

1. The Plaintiff, MARIA U. OZAWA, 50 years old, Married, Filipino

citizen, married and a resident of Dona Pilar, Notre Dame Avenue,
Cotabato City, where he may be served with legal processes and notices
issued by this Honorable Court;

2. The Plaintiff, MARIA U. OZAWA is the absolute registered owner and

lessor of the house and lot being rented by herein defendant, covered by
transfer Certificate of Title No. T- 147-215400 located at #12 Windmill
Subdivision, Poblacion 3, Tamse Road, Cotabato City;

3. Herein Defendant, HERMIE T. BAGWIS, is of legal age, Filipino

citizen, married, with residence and postal address at #12 Windmill
Subdivision, Poblacion 3, Tamse Road, Cotabato City, and may be served
with legal processes and other judicial notices thereto;
 4. A LEASE CONTRACT between the Plaintiff and the Defendant was
entered into on 12 august 2017 over the above-mentioned leased
apartment unit The said contract shall have a period of two years, ending
August 2019, for a consideration of SEVEN THOUSAND FIVE HUNDRED
PESOS (P7,500.00) a month;

5. The Defendant has not paid her rent for the leased apartment unit for
the period of EIGHT (8) MONTHS, or from the months of August 2019 to
March 2020, despite repeated attempts by the Plaintiff to collect arrears of
rent;

6. A DEMAND LETTER was sent by the Plaintiff to the Defendant on

January 10, 2020 because a sum of SIXTY THOUSAND PESOS
(P60,000.00) remains unpaid, but was ignored by the Defendant;

7. A FINAL LETTER OF DEMAND and NOTICE TO VACATE the

leased apartment unit were sent by the Plaintiff, through counsel, to the
Defendant on November 15, 2020, which were, again, unyielded to by the
latter;

8. Due to continuous oral and written demands of the plaintiff without

any compliance from the defendant, this caused the former to refer the
case to the Katarungang Pambarangay, pursuant to Section 412(a) of
Republic Act (RA) 7160 or the Local Government Code of 1991. However,
no settlement has arrived;

9. The Defendant remains in possession of the leased apartment, and

deprives the Plaintiff of the latter’s enjoyment. In order to institute a civil
action, this instant case was elevated to the municipal trial court.

ISSUE OF THE CASE

WHETHER OR NOT THE DEFENDANT SHOULD BE ORDERED TO

VACATE THE SUBJECT PROPERTY;

ARGUMENTS

The Defendant is illegally withholding possession of the leased

property after her failure to vacate the leased apartment unit despite the
Final Letter of Demand and Notice to Vacate dated January 20, 2019,
tendered by the Plaintiff, through counsel, to the former.

Rule 70 of the Rules of Court provides:

“Section 1. Who may institute proceedings, and when.

 Subject to the provisions of the next succeeding section, a
person deprived of the possession of any land or building by force,
intimidation, threat, strategy, or stealth, or a lessor, vendor,
vendee, 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, by virtue of any contract, express or
implied, or the legal representatives or assigns of any such lessor,
vendor, vendee, or other person, may at any time within one (1)
year after such unlawful deprivation or withholding of possession,
bring an action in the proper Municipal Trial Court against the
person or persons unlawfully withholding or depriving of
possession, or any person or persons claiming under them, for the
restitution of such possession, together with damages and costs.”

The possession of the Defendant of the leased apartment unit was

initially legal by virtue of the LEASE CONTRACT entered into by both
parties, dated January 2, 2017. However, due to the Defendant’s repeated
failure to settle the arrears of rent, the Plaintiff has exercised his right to
terminate the contract provided under ARTICLE FIVE (5) of the Lease
Contract, to wit:

“ARTICLE V. DEFAULT PAYMENT:  In case of default by the

LESSEE in the payment of the rent, such as when the checks
are dishonored, the LESSOR at its option may terminate this
contract and eject the LESSEE. The LESSOR has the right to
padlock the premises when the LESSEE is in default of payment
for One (1) month and may forfeit whatever rental deposit or
advances have been given by the LESSEE.”

Upon service of the FINAL NOTICE OF DEMAND and NOTICE TO

VACATE, dated January 20, 2019, the Plaintiff has effectively terminated
the contract, and thereby cutting the legal cord that sustains the
Defendant’s right to possess the property. Therefore, the continued
possession of the Defendant of the apartment unit has become illegal and
prejudicial to the rights of the Plaintiff. The continued illegal possession of
the Defendant of the apartment unit constitutes as unrealized income for
the livelihood of the Plaintiff.

PRAYER

WHEREFORE, premise considered, it is the Plaintiff’s prayer that this

Honorable Metropolitan Trial Court order the Defendant to VACATE the
apartment unit and to surrender possession thereof to the Plaintiff. The
Plaintiff also prays that this Honorable court order the Defendant to pay the
Plaintiff the sum of SEVENTY FIVE THOUSAND PESOS (P75,000.00) for
the unsettled arrears of rent plus interest, as well as the rent plus interest
corresponding the period from the last due date of the herein demanded to
the time when the Defendant will have vacated the premises.
 Other just and equitable relief under the foregoing are likewise being
prayed for.

Respectfully submitted.

Manila City for Marikina City, Philippines. March 8, 2019.

OAKENSHIELD GANDALF ARAGORN & GLOIN LAW

OFFICE
Counsel for Plaintiff
th
12 Floor, Erebor Building,
Lonely Mountain Heights, Manila City

By:

ATTY. GANDALF GREYBEARD

IBP Lifetime No. 3021; 09/29/2013
PTR No. 1111; 1/10/2011
Roll of Attorney No. 2013-00111
MCLE Compliance No. III – 000899

Copy Furnished:

ATTY. SARUMAN D. WHITEWIZARD

Counsel for Defendant
Unit 3019, Isengard Tower,
White Hand Avenue, Manila