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money and
defendant.
therefore
needs
the
support
of
the
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.
PRAYER
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
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.
COMPROMISE AGREEMENT
This Agreement executed this 31st day of October, 2013 at Makati, Metro
Manila, by and between:
PEDRO PENDUKO, Filipino, of legal age with address at 222 Montclair
Street, Merville Park, Paraaque, Metro Manila, represented herein by Atty.
Juan Dela Cruz (hereinafter referred to as the plaintiff).
-andENTENG KABISOTE, Filipino, of legal age with address at No. 11 Gold
Loop Street, Ortigas Center, Pasig, Metro Manila, represented herein by Atty.
Maria Makiling (hereinafter referred to as the defendant).
WITNESSETH: That WHEREAS, the plaintiff PENDUKO and defendant KABISOTE have
instituted several actions against each other in the past.
THEREFORE,
in
consideration
of
the
foregoing
and
the
within sixty
and
the
parties
bind
themselves
to comply strictly
with
their
undertakings.
IN WITNESS WHEREOF, parties herein affixed their signatures on
the date and place above written.
_________________________
_________________________
Plaintiff
Defendant
_____________________________
______________________________
MARIO BROTHER,
Plaintiff,
- versus Civil Case No. 111222
HELLO KITTY,
Defendant.
x-------------------------------------------x
they have already settled amicable all claims in dispute and have agreed to
forever mutually waive, all claims and counterclaims raised, or which could
have been raised, by them against each other in the instant action.
WHEREFORE, in view of the foregoing, it is respectfully prayed before
his Honorable Court, that the instant action, including all claims the parties
have
against
each
other,
be
DISMISSED,
with
prejudice.
NOTICE OF HEARING
THE BRANCH CLERK OF COURT
MeTC - Branch 62
Makati City
Greetings!
Please
take
notice
that
the
submit
the
foregoing Motion to the Honorable Court on August 27, 2013 at 8:30 in the
morning for its favorable consideration and approval.