REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

Bauan, Batangas

SONIA DUTERTE, CIVIL CASE NO. 35-2021

Plaintiff,
-versus- For:

ISKO DOMAGOSO, Unlawful Detainer

Defendant.

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

POSITION PAPER
(FOR DEFENDANT)

Defendant, through counsel, and unto this Honorable

Court respectfully states:

PARTIES

1. Defendant. Isko Domagoso is of legal age, Filipino,

and presently residing at and the lawful possessor of an
apartment complex located at F. Mangobo Street, Bauan,
Batangas. He is being represented by Atty. Alexia S.
Esparagoza with office address at Loo Bldg. Kapitan
Ponso Street, Bauan Batangas, where he may be served
with summons and other processes of the Honorable
Court;

2. Plaintiff. Sonia Duterte, on the other hand, is of legal

age, Filipino, and presently residing at Binay Street,
Bauan, Batangas. She is represented by Atty. Helen
Carla L. Tabernero with office address at Unit 123, Lan
Bldg, P. Burgos St., Batangas City, where she may be
served with summons and other judicial processes of the
Honorable Court;

STATEMENT OF RELEVANT ANTECEDENT FACTS

AND PROCEEDINGS

1. Plaintiff and Defendant entered into a verbal contract,

wherein the Defendant would be renting an apartment
unit owned by the Plaintiff at F. Mangobo Street, Bauan,
Batangas. As admitted by both Plaintiff and Defendant,
they both agreed to a payment of Five Thousand Pesos

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(Php 5,000.00) to be paid on the tenth day of every
month.

2. Defendant, along with his wife, have been peacefully

occupying the apartment unit since then, with Defendant
handing the agreed upon rent to the Plaintiff herself
when she comes over to collect. Plaintiff would then issue
a receipt as proof of the transaction.

3. However, Defendant then received a demand letter on

July 18, 2021 demanding that he pay the Plaintiff six
months worth of rent. It alleges that he has not been
paying rent for the same amount of time and the rental
payments have accumulated to Thirty Thousand Pesos
(Php 30,000.00) by that point. Defendant refused to heed
such demand letter as he has actually been dutifully
paying the rent.

4. The Plaintiff and Defendant then went to the barangay

for possible conciliation, but it failed. Thus, the plaintiff
filed the instant case for unlawful detainer against the
defendant.

ISSUES

I. WHETHER OR NOT THE PLAINTIFF HAS THE

RIGHT TO LEGALL EJECT THE DEFENDANT FROM
THE SUBJECT PROPERTY;

II. WHETHER OR NOT DEFENDANT IS ENTITLED TO

DAMAGES

DEFENDANT'S POSITION AND ARGUMENTS

I. THE PLAINTIFF HAS NO RIGHT TO EJECT

DEFENDANT FROM THE SUBJECT PROPERTY
BECAUSE HIS OCCUPATION IS LAWFUL

The Defendant has already tendered payment to the

Plaintiff

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 1. The Plaintiff's complaint for unlawful detainer is
fundamentally inadequate as she has not sufficiently
proved that she has a case of unlawful detainer against
defendant. The Plaintiff's accusation of non-payment is
rebutted with the receipts in Defendant's possession.

2. The Plaintiff issues receipts after Defendant tenders

payment as proof thereof. Attached as Annexes 1-1, 1-2,
1-3, 1-4. 1-5 and 1-6 in the Defendant's Answer are the
receipts that Plaintiff issued for the six months that she
alleges that Defendant had not paid. The receipts clearly
show the month of payment and even the signature of
Plaintiff herself.

3. The case of Corpuz vs. Spouses Agustin1 enumerates

the requisites for a case of unlawful detainer to prosper:

(1) initially, possession of property by the defendant was by

contract with or by tolerance of the plaintiff;

(2) eventually, such possession became illegal upon notice by

plaintiff to defendant of the termination of the latter's right of
possession;

(3) thereafter, the defendant remained in possession of the

property and deprived the plaintiff of the enjoyment thereof;
and

(4) within one year from the last demand on defendant to

vacate the property, the plaintiff instituted the complaint for
ejectment;

Plaintiff fails to meet the second requisite, as

Defendant's possession and continued occupation over
the apartment unit has always been lawful, as evidenced
by the receipts showing his tender of payment for the
same.

II. DEFENDANT IS ENTITLED TO DAMAGES

Since the Defendant was compelled to secure the

services of a lawyer to protect his rights and interests,
Plaintiff should be ordered to pay the attorney's fees
incurred by the Defendant in the present case.

1
G.R. No. 183822, January 18, 2012

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 PRAYER

WHEREFORE, premises considered, it is most

respectfully prayed that this position paper be given due
consideration in the resolution of this case and that
judgment be rendered in favor of the Defendant by
DISMISSING the complaint for lack of merit, and to
award the Defendant damages as the court may deem
reasonable.

Other reliefs that are just and equitable under the

premise are likewise prayed for.

Bauan, Batangas, September 30, 2021.

ATTY. ALEXIA S. ESPARAGOZA

Counsel for Defendant
Notary Public for Batangas
Commission Serial No. 456
Until December 31, 2021
Roll of Attorneys No. 789
IBP No. 789 / Manila / Jan. 01, 2021
PTR No. 321 / Manila / Jan. 15, 2021

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 VERIFICATION

I, Isko Domagoso, of legal age, Filipino, and presently

residing at F. Mangobo Street, Bauan, Batangas, after having
been duly sworn to in accordance with law, hereby depose and
state:

1. I am the Defendant in the above-entitled case;

2. That I, through counsel, prepared the foregoing

Position Paper on this Unlawful Detainer;

3. That I have read and understood the same and all the
allegations therein are true, correct and of my own
personal knowledge and/or based on authentic
documents;

IN WITNESS WHEREOF, I have hereunto affixed my

signature this 30th day of September 2021, Bauan, Batangas.

ISKO DOMAGOSO
Affiant

SUBSCRIBED AND SWORN TO before me this 30th day

of September 30, 2021 at Bauan Batangas, affiant presenting
his Passport with ID No. 123456789 bearing their photo and
signature.

ATTY. ALEXIA S. ESPARAGOZA

Notary Public for Batangas
Commission Serial No. 456
Doc No. 123; Until December 31, 2021
Page No. 456; Roll of Attorneys No. 789
Book No. 789; IBP No. 789 / Manila / Jan. 01, 2021
Series of 2021. PTR No. 321 / Manila / Jan. 15, 2021

Copy Furnished via Registered Mail:

Atty. Helen Carla L. Tabernero
Counsel for Plaintiff
Unit 123, Lan Bldg, P. Burgos St., Batangas City

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