SUMMARY PROCEEDINGS

REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 12 MANILA
M. REYES & SONS, INC.,
Plaintiff,
- versus -

CIVIL CASE NO. 123407-CV

(Unlawful Detainer)

SHARON B. MAGDAYAO,
Defendant.
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POSITION PAPER/
MEMORANDUM FOR PLAINTIFF
PLAINTIFF, through undersigned counsel, respectfully submits this POSITION
PAPER/MEMORANDUM in support of its complaint, and in amplification hereof to this
Honorable Court respectfully presents the following:
STATEMENT OF FACTS
1. This is an action for ejectment against the defendant Sharon B. Magdayao and all
persons claiming rights under her from the premises at Unit No. 1234, Oroquieta
Street, Sta. Cruz, Manila (par. 1, Complaint).
2. Defendant leased the subject property from plaintiff on a month-to-month basis at
originally a rental of P2,275.00 monthly that was periodically increased until it reached
P4,775.00 per month in the middle of 2001, payable within the first seven (7) days of the
month (id).
Photocopies of some of the extant receipts remaining in the possession of plaintiff for
rental payments made by defendant to plaintiff in November 1996, December 1996,
January 1998, August, September, November and December 2000 and January and
February 2001, are hereto attached and made integral parts hereof as Annexes B, C, D,
E, F, G, H, I and J, respectively.
3. The last rental payment made by the defendant for the lease premises was made on
October 1, 2001 (par. 3, Complaint).
4. On October 16, 2001 plaintiff wrote the defendant terminating her lease over the
subject property effective the end of said month and to thereupon vacate the leased
premises and pay her rentals in arrear that had accumulated up to that date to P23,
875.00. The said letter of termination of lease, vacate the leased property and pay
rentals in arrears, which was sent by registered mail to the defendant and received by
her on October 23, 2001 were marked as Exhibits A, A-1 and A-2 during the preliminary
conference of November 22, 2007.
5. For failure of the defendant to heed plaintiffs above demand, plaintiff filed the
instant action for unlawful detainer against the defendant/s on August 26, 2002.
6. In due time one Juan M. Dela Cruz, without being aided by a licensed counsel,
personally filed an answer to plaintiffs complaint claiming that he was the one residing
in the premises leased by plaintiff to the defendant, alleging that he took possession of
the said Unit 1518 sometime in 1993 when (defendant) Sharon B. Magdayao sold to
Marga F. Luna (her relative) the said Unit 1518, including the rights of the former over
it (par. 7, Answer; words in parentheses added).

DISCUSSION/ARGUMENT
(OF THE ISSUES TO BE RESOLVED
AS SET FORTH IN THE PRELIMINARY
CONFERENCE ORDER OF NOV. 22, 2007)
1. Re: First Issue. --- Plainitiff is clearly entitled to and can lawfully eject the defendant,
that includes all persons claiming rights under her, which means INCLUDING THE
ANSWERING DEFENDANT VINO S. MORALES, from the subject premises for the
following reasons:
Neither the named defendant Sharon B. Magdayao nor Morales has denied
plaintiffs ownership of the property identified as Unit 1234, Oroquieta Street,
Sta. Cruz, Manila, and plainiffs consequential right to the possession thereof
which is the issue in this proceeding.
Defendant has not denied that the property was leased to her by plaintiff .
Defendant has not denied or contested plaintiffs letter terminating her lease on
the subject property, the demand to vacate and pay rentals in arrears that she
received on October 23, 2001 (Exhibits A, A-1 and A-2).
Having thus refused to vacate plaintiffs property after the termination of her
lease thereon at the expiration of the period given her, i.e., at the end of
October 2001, defendant and all persons claiming rights under her have
been clearly UNLAWFULLY DETAINING the subject property of plaintiff,
warranting their EVICTION therefrom.
2. Re: Second Issue. --- Vino S. Morales who filed an answer although not impleaded
and cited as defendant in the complaint is plainly WITHOUT LEGAL STANDING AND
PERSONALITY before this Honorable Court as shown by the following:
He has no privity of contract, i.e., a contract of lease with plaintiff over the subject
property.
All he claims is that he took over possession of the premises sometime in 1993
when defendant Sharon B. Magdayao sold the same to one Marga F. Luna, her
relative, and Morales has NOT shown that --2.2.1. Magdayao indeed sold the property to Luna;
2.2.2. Magdayao was the owner of the subject property to have any right to sell it to
Luna;
2.2.3. Luna was the owner of the property to have any right to sell it Morales or to any
person;
2.2.4. In fact, all that Morales could show is the so-called letter of Magdayao dated
March 17, 1993 (Exhibit 4) in which Magdayao supposedly received from Cocson
P20,000 in payment of a house she built on 1234 Oroquieta Street, Sta. Cruz, Manila.
This unidentified letter even squarely contradicts Morales' allegation in par. 7 of his
answer that Magdayao sold the property to Sayno.
3. Re: Third Issue. --- Clearly Vino S. Morales can be EJECTED from the leased
premises. For he has not shown that he is a legitimate lessee, possessor or owner
thereof, as shown above.
At best Morales is a mere USURPER of plaintiffs property who should be evicted
therefrom for forcible entry.
4. Re: Fourth Issue. --- Surely, neither the defendant, nor Vino S. Morales, nor their
predecessor/s can be considered builder/s in good faith because ---

First, neither of them have shown that they built any structure on plaintiffs
subject property; indeed no building/permit or receipt whatsoever was shown
that any of said persons ever spent any money for improvement that any of
them built or introduced to the premises.
If any of said persons built anything on plaintiffs subject property, he/she did so
with UTTER BAD FAITH because he/she KNEW that the LAND on which it
was built WAS NOT OWNED by him/her, but by plaintiff. In fact, Morales,
who answered the complaint, never averred that he or his predecessor/s
OWNED the LAND on which he claimed to have made improvements.
5. Re: Fifth Issue. --- Under the foregoing undisputed FACTS, neither the defendant, nor
Vino S. Morales who filed an answer is entitled to her/his counterclaims. There is
SIMPLY NO FACTUAL AND LEGAL JUSTIFICATION for them. Instead, they should be
the ones ordered to pay the unpaid monetary claim of plaintiff in the form of unpaid
rents since November 2001.
PRAYER
WHEREFORE, it is most respectfully prayed that judgment be rendered
ordering:
1. The defendant and all persons claiming rights under her, more specifically VINO S.
MORALES and all persons claiming rights under him, to VACATE plaintiffs property at
Unit 1234, Oroquieta Street, Sta. Cruz, Manila and turn over possession thereof
peacefully to plaintiff and/or the letters authorized representative/s;
2. The defendant and/or Vino S. Morales to pay plaintiff unpaid rents and/or occupancy
fee of P4,775.00 a month commencing November 2001 until the defendant and/or Vino
S. Morales have fully vacated the subject premises, and P20,000 for attorneys fees.
Plaintiff further respectfully prays for such other reliefs just and equitable in the
premises.
Manila, January 21, 2008.
Atty. Carmela T. Tayag
Counsel for Plaintiff
25 San Juan Street, Bell-Air, Makati City
Roll of Attorney No. 098890765
IBP No 8765908765, Manila
PTR No. 2343216 Feb. 1, 2008, Manila
MCLE Compliance No. 10-0076, Feb. 1, 2008
VERIFICATION/SUPPORTING AFFIDAVIT
I, CELIA A. RODRIGUEZ, of legal age, after having been sworn according to law,
depose and declare that:
1. I am a Director of M. Reyes & Sons, Inc., plaintiff in the above entitled case.
2. That I caused the preparation of the foregoing Position Paper/Memorandum,
have read the contents thereof, and the truth which I hereby reaffirm, including its
Exhibit A, A-1 and A-2, B, C, D, E, F, G, H, I and J.
3. That by way of affidavit in support of said POSITION
PAPER/MEMORANDUM, I hereby, for brevity, reiterate, reproduce and incorporate
herein by reference all the factual averments and legal arguments set forth therein and
make them integral parts hereof.
4. I execute this affidavit to attest to the truth of the foregoing statement and in
support of plaintiffs above POSITION PAPER/MEMORANDUM.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my signature

this 21st day of January 2008 at the City of Manila.
CELIA A. RODRIGUEZ
Affiant

SUBSCRIBED AND SWORN to before me this 6th day of January 2008 at the City
of Manila.
Doc. No. 1234
Page No. 678
Book No. 14
Series 2008

Sancho P. Romualdez
Notary Public
Until December 31, 2010
PTR No. 8798754 2/14/04 Pasig City
IBP No. 45937 1/09/04 Pasig City
ROA 84237

COPY FURNISHED:
Atty. Nietes M. Niedo
Counsel for Vino S. Morales
Unit 9876 Oroquieta Street
Sta. Cruz, Manila
Sharon B. Magdayao
Defendant
Unit 1234 Oroquieta Street
Sta. Cruz, Manila

EXPLANATION
A copy of this Position Paper/Memorandum was furnished to defendants
counsel by registered mail instead of personal service due to absence of messenger.
ATTY. CAMELITA T. TAYAG

REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT
FOURTH JUDICIAL DISTRICT
BRANCH 13
BACOOR, CAVITE
PIOLA A. PASCUAL,
Plaintiff,
-versusJENNELYN B. MERCADO
and John/Jane Does,
Defendants.
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CIVIL CASE No. 3211

For: EJECTMENT
(Forcible Entry)

COMPLAINT
PLAINTIFF, through undersigned counsel, to this Honorable Court respectfully
states that:
1. She is of legal age, married, and residing at 123-E Balderama Street, Bgy. Pio del Pilar,
Makati City.
2. Defendant Jennelyn B. Mercado is also of legal age and occupying plaintiffs house at
Phase 5, Blk 5, Lot 44, Pili Street, Sorento, Camella Homes, Bacoor, Cavite, where she
may be served with summons and other processes of this Honorable Court. The other
defendants, named/designated as John/Jane Does, are the unknown persons who
may have been brought into the property by and/or are occupying the property of
plaintiff together with defendant Jennelyn.
3. Plaintiff is the owner of the aforestated residential lot and house occupied by the
defendants.
4. Plaintiff has not leased to the defendants, or permitted the defendants to
possess/occupy, her aforesaid property.
5. Defendants, through stealth and force upon things, and without the knowledge, much
less the permission, of plaintiff, took advantage of the absence of plaintiff when she went
to visit her relatives in the United States, clandestinely entered into and has occupied
plaintiffs subject residential property up to the present.
6. Upon plaintiffs discovery of defendants illegal/unlawful entry and occupancy of her
property, she promptly demanded on them to vacate the same, but defendants kept on
promising to move out therefrom, but never did.
7. On January 28, 2009 plaintiffs lawyer wrote defendant Diosa asking her for the last
time to vacate plaintiffs subject property within ten (10) days from her receipt thereof
and to pay plaintiff P5,000 a month as reasonable occupation fee for the property until
she has vacated the same. Photocopy of said letter, together with the postal registry
return receipt showing said defendants receipt thereof on February 9, 2009, is hereto
attached and made integral parts hereof as Annexes A and A-1, respectively.
8. Despite the lapse of the ten-day period given her to vacate plaintiffs property,
defendant/s have not moved out of it.
9. For this reason, plaintiff was compelled to retain the services of the undersigned
counsel to institute this action to enforce plaintiffs right and protect her interest for
which defendants should be ordered to pay plaintiff P20,000.00 as attorneys fees.
WHEREFORE, it is most respectfully prayed that judgment be rendered:

1. Ordering the defendants and all persons claiming any right under her to vacate
plaintiffs residential property referred to and described in par. 2 hereof.
2. Ordering the defendants to pay plaintiff:
2.1. Attorneys fee in the amount of P20,000;
2.2. Occupation fee on the property at P5,000.00 per month from the filing of this
complaint until they fully vacate the property; and
2.3. The costs of suit.
Plaintiff further respectfully prays for such other reliefs just and equitable in the
premises.
Manila for Bacoor, Cavite, April 7, 2009.
Atty. Carmela T. Tayag
Counsel for Plaintiff
25 San Juan Street, Bell-Air, Makati City
Roll of Attorney No. 098890765
IBP No 8765908765, Manila
PTR No. 2343216 Feb. 1, 2008, Manila
MCLE Compliance No. 10-0076, Feb. 1, 2008

VERIFICATION AND CERTIFICATION

I, PIOLA A. PASCUAL, of legal age, married, after having been sworn according
to law, depose and declare that:
1. I am the plaintiff in the above-entitled case; that I caused the preparation of the
foregoing complaint. I have read the contents thereof, and the allegations therein are
true and correct of my knowledge.
2. I also hereby certify that I have not filed any other similar action or case against the
defendant with the Supreme Court, Court of Appeals or any of their Divisions, or with
any other court or quasi-judicial body; should it turn out that another similar case has
been filed or is pending with any of said court or body, I would inform this Honorable
Court of the status thereof within five (5) days from my knowledge of it.

PIOLA A. PASCUAL
Affiant

SUBSCRIBED AND SWORN to before me this 3rd day of April 2009 at the City of
Manila.
Doc. No. 1234
Page No. 678
Book No. 14
Series 2008

Sancho P. Romualdez
Notary Public
Until December 31, 2010
PTR No. 8798754 2/14/04 Pasig City
IBP No. 45937 1/09/04 Pasig City
ROA 84237

REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION
MUNICIPAL TRIAL COURT OF BACOOR
PROVINCE OF CAVITE
SAM D. MELBY,

Plaintiff,

-versus-

CIVIL CASE No. 5342

POPS E. FERNANDEZ, ETAL.,

Defendants.
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PRE-TRIAL BRIEF
PLAINTIFF, through undersigned counsel, to this Honorable Court respectfully
submits this pre-trial brief, to wit:
1. Plaintiff is willing to enter into amicable settlement that should result in defendants
voluntary relinquishment of plaintiffs property and payment of at least 50% of the
occupancy pay that plaintiff has asked her to pay.
2.

Proposed stipulation of facts:

2.1. Plaintiff is the owner of the lot and residential house at Phase 5, Blk. 5, Lot 44,
Pili St., Sorento, Camella Homes, Bacoor, Cavite.
2.2.

Plaintiff has not leased her above property to the defendant.

2.3. Defendant entered into and has occupied plaintiffs aforesaid property since June
2006, when plaintiff visited her relatives in the United States, without plaintiffs
knowledge or consent, and without paying any rentals thereon.
2.4. Defendant has failed and refused to vacate plaintiffs subject property despite
repeated demands from plaintiff, the last one being made by plaintiffs lawyer who wrote
the defendant on January 28, 2009 to vacate the property within 10 days from her
receipt of the letter which she received on February 9, 2009, and to pay reasonable
occupancy fee thereon of P5,000.00 per month.
3.
Issues:
3.1. Whether defendant has forcibly entered into and unlawfully occupied plaintiffs
subject property;
3.2. Whether plaintiff is entitled to reasonable occupancy fee from the defendant for
forcibly entering and unlawfully occupying plaintiffs property; and
3.3. Whether plaintiff is entitled or has the right to evict/eject the defendant from her
property.
4. Document/s to be presented: the letter of demand to vacate plaintiffs property and to
pay reasonable occupancy fee thereon at P5,000/month sent by plaintiffs lawyer to the
defendant on January 28, 2009, and the registry return receipt thereof showing that the
defendant received the letter on February 8, 2009..
5. Plaintiff will not avail of discovery procedure or referral to commissioner.
6. Plaintiff will present herself as witness; she will testify either on direct examination,
or by means of judicial affidavit, subject to cross examination.

WHEREFORE, it is most respectfully prayed that this pre-trial brief be NOTED

and made part of the records.
Manila for Bacoor, Cavite, October 9, 2009.

Atty. Carmela T. Tayag

Counsel for Plaintiff
25 San Juan Street, Bell-Air, Makati City
Roll of Attorney No. 098890765
IBP No 8765908765, Manila
PTR No. 2343216 Feb. 1, 2008, Manila
MCLE Compliance No. 10-0076, Feb. 1, 2008

COPY FURNISHED:
Ms. Pops E. Fernandez
Defendant
Phase 5, Blk. 5, Lot 44
Pili St., Sorento, Camella Homes
Bacoor, Cavite