Republic of the Philippines First Judicial Region MUNICIPAL TRIAL COURT IN CITI !

"aguio Cit# "ranch $ "ON% "ON%%A& Plaintiff& '(ersus' !P, PROC, NO, ./01 FOR2 UNLA3FUL * TAIN R ) * +I MAT!URA& *efendant, -' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' POSITION FOR THE PLAINTIFF Plaintiff& b# counsel& 4ost respectfull# sub4its this Position Paper and a(ers that2 Timeliness The Plaintiff thru counsel recei(ed an order fro4 said Court dated March 55& 605/ re7uiring the Undersigned Counsel to file position paper 8ithin ten 950: da#s fro4 receipt thereof or on or before March 65& 605/ hence said position paper is filed, Brief statement of the origin and nature of the case This is a case for UNLA3FUL * TAIN R filed b# the herein plaintiff& "ON% "ON%%A against herein defendant& ) * +I MAT!URA in(ol(ing a contract of lease e-pired located in Manchester United Apart4ents located at No,560 I4elda ;illage& "aguio Cit#& Philippines, On Ma# 6<& 6055& plaintiff and defendant entered into a lease agree4ent 8hereb# defendant for (aluable consideration 8as gi(en the right to possess& occup# and use& b# 8a# of lease& Apart4ent T'6& for a period of one #ear

8hich started on June 50& 6055 until June 50& 6056 for a 4onthl# rental of P 5=&000,00 pa#able 8ithin the first fi(e da#s of each ensuing 4onths> a duplicate original of said contract is hereto 4ar?ed Anne- "& and 4ade part hereof> The ter4 of the lease 4a# be rene8ed upon 8ritten agree4ent of the parties, )o8e(er& the contract 8as not rene8ed as stipulated and defendant 8as gi(en an ad(ance notice& infor4ing hi4 that the contract of lease e-pires on June 55& 6056, A cop# of said notice dated June 6& 6056 and recei(ed b# the defendant on e(en date& duplicate original is 4ar?ed AnneC& and 4ade part hereof, On June 55& 6056 and thereafter& despite repeated notice and de4ands& both oral and 8ritten& defendant un@ustifiabl# refused to (acate and turn o(er the possession of Apart4ent T'6 to plaintiff, Statement of the case This is an action for UNLA3FUL * TAIN R co44enced b# "ON% "ON%%A against ) * +I MAT!URA& before the )onorable Court,Plaintiff referred the issue before the Lupon Tagapa4a#apa of "aranga# I4elda ;illage& "aguio Cit# for a possible settle4ent, *espite serious efforts& defendant refused to enter into an a4icable settle4ent 8ith plaintiff, Conse7uentl#& a Certification to File Action 8as issued b# the Lupon, A duplicate original cop# of the said certificate is hereto attached as Anne- * and 4ade part hereof, As a conse7uence& he 8as co4pelled to file this suit& and has incurred actual e-penses in the a4ount of P 5=&000,00 aside fro4 the obligated attorne#As fees in the a4ount of P 60&000,00, Statement of the issue 5, 3) T) R OR NOT T) R FU!AL OF T) * F N*ANT IN ;ACATIN% T) LAN* AN* TO TURN O; R PO!! !!ION TO T) PLAINTIFF I! JU!TIFI *, 6, 3) T) R OR NOT O3N R!)IP I! IMPORTANT IN AN ACTION FOR UNLA3FUL * TAIN R, The Opinion s An e@ect4ent case for unla8ful detainer is an action to reco(er possession of real propert# fro4 one 8ho unla8full# 8ithholds possession after the e-piration or

ter4ination of his right to hold possession under an# contract& e-press or i4plied 8herein the possession of the defendant is originall# legal but beca4e illegal because of e-piration& or ter4ination of the right to possess 9Union "an? of the Philippines (s, Maunlad )o4es Inc,& %,R, No, 5100B5& August 5=& 6056:, Thus& an action for unla8ful detainer is applicable in this case considering that although the lesseesCdefendant 8ere originall# authoriDed to possess the leased pre4ises& the failure to fulfill their contractual obligations ter4inated their legal right to hold the propert#, Note2 There has been a prior de4and fro4 the lessee to pa# and (acate before the institution of action for unla8ful detainer, Under Section !" Rule #$ of the Rules of %ourt& the lessor 4a# proceed against the lessee for unla8ful detainer onl# after de4and to pa# and (acate& to 8it2 EUnless other8ise stipulated& such action b# the lessor shall be co44enced onl# after de4and to pa# or co4pl# 8ith the conditions of the lease and to (acate is 4ade upon the lessee& or b# ser(ing 8ritten notice of such de4and upon the person found on the pre4ises& or b# posting such notice on the pre4ises if no person be found thereon& and the lessee fails to co4pl# there8ith after 5= da#s in the case of land or fi(e da#s in the case of buildings,F The action for unla8ful detainer 4ust then be filed before the 4unicipal trial court 8ithin one #ear after the act of unla8ful depri(ation or 8ithholding of possession& and alleges that2 5, the defendant originall# had la8ful possession of the propert#& either b# (irtue of a contract or b# tolerance of the plaintiff> 6, e(entuall#& the defendantAs possession of the propert# beca4e illegal or unla8ful upon notice b# the plaintiff to defendant of the e-piration or the ter4ination of the

defendantAs right of possession> /, thereafter& the defendant re4ained in possession of the propert# and depri(ed the plaintiff the en@o#4ent thereof> and ., 8ithin one #ear fro4 the unla8ful depri(ation or 8ithholding of possession& the plaintiff instituted the co4plaint for e@ect4ent 9Union "an? of the Philippines (s, Maunlad )o4es Inc,:, The Rules of Court also states that if @udg4ent is rendered against the defendant& e-ecution shall issue i44ediatel# upon 4otion& unless an appeal has been perfected and the defendant to sta# the e-ecution of their e@ect4ent files a sufficient supersedes bond& appro(ed b# the 4unicipal trial court and e-ecuted in fa(or of the plaintiff to pa# the rents& da4ages and costs accruing do8n to the ti4e of the @udg4ent appealed fro4& and unless& during the pendenc# of the appeal& he deposits 8ith the appellate court the a4ount of rent due fro4 ti4e to ti4e under the contract& if an#& as deter4ined b# the @udg4ent of the 4unicipal trial court 9!ec, 51& Rule B& Rules of Court:, Pra&er 3) R FOR & in (ie8 of the foregoing& the plaintiff pra#s unto this )onorable Court to render @udg4ent b# ordering the defendant to2 1. ;acate the 8hole pre4ises of unit T'6 of the Manchester United Apart4ents and turn o(er the possession of the sa4e to the plaintiff> 2. Pa# the reasonable a4ount representing the rent for the occupation of Apart4ent T'6 counted fro4 the da# the contract e-pired> 3. Pa# b# 8a# of actual da4ages the su4 of P 6=&000,00 representing litigation and attorne#As fees> 4. Other relief& e7uitable and @ust& under the pre4ises, "aguio Cit#& Philippines, Jul# B& 6056

"ON% "ON%%A Affiant !U"!CRI" * AN* !3ORN to before 4e this B th da# of Jul#& 6056 at "aguio Cit#& affiant e-hibiting to 4e his *ri(erAs License no C55'56/.=$B<1 issued at "aguio Cit#, MAF L R MO* NOTARG PU"LIC Until *ece4ber /5& 605/ I"P OR No, /B66, 05' 0$'01, ",C PTR No, 5/BB& 05'05'01,",C, Roll Nu4ber 500/5/ MCL Co4pliance No, I' 550/.=5 MCL Co4pliance No, II'555///5

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