Republic of the Philippines

MUNICIPAL CIRCUIT TRIAL COURT OF

ESPERANZA-SAN LUIS-TALACOGON & SIBAGAT
10TH JUDICIAL REGION
Province of Agusan del Sur

CEL LORD DELABAHAN, CIVIL CASE NO. 152

Plaintiff,

-versus- FOR: UNLAWFUL DETAINER

VAL PIEDAD,
STEPHEN CABALTERA,
Defendants.
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POSITION PAPER

DEFENDANTS, through counsel, to the Honorable Court, respectfully

submit this Position Paper in support of the arguments in the Answer
and the documentary evidence attached therewith, thus:

PREFATORY STATEMENT

This is an unlawful detainer case under Rule 74 of the Rules of

Court.

FACTUAL ANTECEDENTS

Defendants have been in open, continuous, exclusive,

notorious and adverse possession IN THE CONCEPT OF AN OWNER
AND FOR VALUE as early as 2010 over a parcel of land, together with
the buildings and improvements thereon, situated in Butuan City,
Agusan del Norte and more particularly described as lot 25 block 7,
PCS 13-78952, BEING PORTIONS OF LOTS 1 & 2 (lrc), psd-151551 and
lot 536 b2-2-f-2, bounded on the NW along line 1-2 by lot 23; on the
NE along line 2-3 by road lot 6; on the SE along line 3-4 by lot 27; on
the SW along line 4-1 by lot 23, all of PC13-78952. Containing an area
of ninety-three (93 sq.m.) square meters more or less.

They derived their right of ownership and possession from CEL

DELABAHAN who ceded, sold, transferred and conveyed the subject
property for value in favor of STEPHEN B. CABALTERA AND VAL
PIEDAD, the herein defendants, as evidenced by an
Acknowledgement Receipt dated November 10, 2010 which is
attached hereto as Exhibit “1” and Entry No. 294 dated November
15, 2010 of a Notarial Registry certified to by the National Archives,
copy of which is hereto attached as Exhibit “2”.

However, plaintiff still claims that he remains the absolute and

lawful owner of the parcel of land.

Thus, the plaintiffs filed the instant case for unlawful detainer.

The following issues were raised during the preliminary conference:

Whether or not defendants are liable for unlawful detainer?;

DEFENDANTS’ POSITION AND ARGUMENTS

DEFENDANTS ARE NOT LIABLE FOR UNLAWFUL DETAINER

BECAUSE THE FOLLOWING FACTUAL AND LEGAL BASIS:

The plaintiff is not “the owner” in fee simple of the subject

property, contrary to his allegation in his complaint.

The plaintiffs’ evidence inadequately proved their claim that

they have a case of unlawful detainer against the defendants.
 On the contrary, defendants’ claim that their possession of the
land which commenced as early as 2010 is evidenced by a DEED OF
SALE between the plaintiff and the defendants herein.

Further, it is undisputed that defendants have been occupying

the land since 1992. As held by the Supreme Court in Sarmiento vs.
CA, 320 Phil. 146 (1995), even if one is the owner of the property,
the possession thereof cannot be wrested from another who had
been in the physical or material possession of the same for more
than one (1) year by resorting to a summary action of ejectment. At
this juncture, it is worthy to note that at the time of the filing of this
case, defendants had been in physical possession of the property for
more or less twenty six (26) years.

Clearly, the plaintiffs’ evidence are not only inadequate to

substantiate their claim against the defendants. Their complaint
failed to make out a case of unlawful detainer. Hence, their
complaint must necessarily fail.

PRAYER
WHEREFORE, it is prayed that after hearing the Complaint, the same be
dismissed for lack of cause of action on the ground that the subject land is already
owned by the defendant as evidenced by the Deed of Sale attached in Annex 1.

Praying for such other relief as may be justified under the premises. Sibagat,
Agusan del Sur. March 21, 2018.

ATTY. MICHELLE DELA P. CALZADA

Counsel for Defendants
Sibagat, Agusan del Sur
PTR No. 12345321233. 01/18/11
IBP NO. 1224342323. 12/21/11
Roll No. 122343323
MCLE Compliance No. IV-0899898. 8/27/10
 VERIFICATION

We, STEPHEN B. CABALTERA and VAL PIEDAD, all of legal age,

Filipinos, married and bonafide residents of Sibagat, Agusan del Sur,
Butuan City, under oath, hereby depose and state as follows:

1. We are the defendants in the above-entitled Complaint;

2. We have caused the preparation and filing of the foregoing

Position Paper;

3. We have read the contents thereof and the facts as stated

therein are true and correct and based on authentic records;

IN WITNESS WHEREOF, we have hereunto affixed our

signatures this 23rd day of February, 2018 at Sibagat, Agusan del Sur.

STEPHEN B. CABALTEA VAL PIEDAD

Affiant Affiant

SUBSCRIBED AND SWORN to before me this 23rd day of

February, 2018 at Sibagat, Agusan del Sur. I hereby certify that I
personally examined the affiants and I am satisfied that they have
read and understood the contents of their Position Paper and they
attested that the same is a product of their own free will. Affiants
have individually exhibited to me their Identification Card bearing
their picture and signature as competent proof of their identity.

Doc No._____;
Page No.____;
Book No.____;
Series of 2018.

Copy furnished via registered mail:

ATTY. MARIA PATRICIA L. SANCHEZ

Counsel for the Plaintiff
PTR NO. 2587576
TIN NO. 102-356-987
IBP OR NO. 738996 ON 12-24-18
ROLL NO. 23569
MCLE COMPLIANCE NO. 1-4985 10-21-18
Add: Poblacion, Esparanza, Agusan del Sur
Contact No. 0933256595

EXPLANATION: A copy of the foregoing Position Paper was duly

furnished to Atty. Sanchez in his given address via registered mail
pursuant to Section 7, Rule 13 of the Rules of Court due to distance,
time and expense to effect personal service.

ATTY. MICHELLE P. DELA CALZADA