CROSS-EXAMINATION QUESTIONS FOR UNLAWFUL DETAINER TRIZIA PAULINO 1.
In your Judicial Affidavit, you mentioned that you are the caretaker of Maria’s apartment, correct?
2. Aside from f rom your caretaking duties, you’ve mentioned that you also collect the monthly rent dues from every tenant in the building, is that right? 3.
And you collect them in any day of the month as you you wish, correct?
4.
In collecting the rent dues, do do you first wait for Maria’s mandate? So, you just collect the rent dues as you wish? Is that correct?
5.
And after after collecting the payments, you just immediately report to Maria, is that correct?
6.
So, you never furnish any any receipt or acknowledgment of of payment to every tenant, is that right?
7.
(If Yes) Please describe to this court the receipt or acknowledgment.
(NO MENTION IN HIS JUDICIAL AFFIDAVIT OF ANY RECEIPTS OR ACKNOWLEDGMENT OF PAYMENT FURNISHED TO TENANTS) 8.
Mr. Witness, every after you report and hand-over payments to Maria, were you made to sign any records pertaining to the amount you remit to her?
9.
(If yes) yes) Can you describe this document document or record?
(STIPULATE FOR THE RECORD OR DOCUMENT)
Now Mr. Caretaker, you mentioned that Pedro defaulted for 8 months, what did you do during the early months of such default? You said that Maria due to the default in payment by Pedro was furious. Is that correct? Now, after that Maria instructed you to give Pedro the letter? Is that correct? Then after 4 days, Maria asked you to execute an affidavit against Pedro is that correct? So are you telling this court that there was no conciliation that transpired between Maria and Pedro? 10. Mr. Witness, how long have you known Mr. Pedro de Guzman? 11. Since you started working with Maria, was Mr. Pedro de Guzman already staying as a lessee in Maria’s apartment?
12. (If Yes) So you actually do not know when Mr. Pedro de Guzman started renting out a unit in the apartment of Maria, correct? 13. So you do not have any idea as to when the lease contract between Mr. Pedro de Guzman and Maria started, correct?
14. In your Judicial Affidavit, you mentioned that the defendant Pedro de Guzman defaulted in the payment of his monthly rents 7 months ago. Is that correct? 15. And because of his failure to pay his monthly rentals, Maria, your employer, filed an Unlawful Detainer case against the defendant Pedro de Guzman, correct? 16. When was the last time you collect for his rent dues?
17. How did Pedro react when you went to collect for his rent payment (8 months ago)? 18. 4 days after you failed to collect rent from Pedro de Guzman, Maria called you and personally handed you an envelope (one sealed and the other was not) and asked you to deliver it to Pedro de Guzman, correct? 19. Is this the first time you were asked by Maria to give a demand letter to one of here
tenants? 20. (If yes) So there have been no other defaulting tenants aside from Mr. Pedro de Guzman? 21. (If no) So there were other defaulting tenants aside from Mr. Pedro de Guzman? 22. With respect to the letters handed over by Maria to be delivered to Pedro, what were the contents of the received copy letter? 23. There were two the letters (one sealed and the other was not) and those letters are of the same document (Demand letter) is that right? 24. The said demand letter was only a demand to pay the rentals, correct? 25. (If no) Is it not unusual on the part of a person (who has been tasked to deliver a letter, especially if one of the said letter is unsealed), to not read or go over the contents of the same before giving the same to the recipient? 26. You likewise mentioned in your Affidavit that the received copy was signed by Pedro de Guzman before your presence. Did you not, by chance, happen to glance to the same while he was signing it? 27. On that day, 8 months ago, was it the only time you handed a letter to Pedro de Guzman? 28. (If yes) When was the next time you served a letter to Pedro? 29. After serving the letter, you never collected again for payment from Pedro, correct? 30. For the months thereafter, whenever you collect from other tenants, you deliberately skip to collect from Pedro, is that right? 31. Again Mr. Witness, you’ve onl y served a Demand Letter to Pedro and nothing else, is that right? 32. Because after then, you were ordered to file an Affidavit against Pedro, correct?
[MANIFEST: THAT NO DEMAND LETTER TO PAY OR VACATE WAS SERVED. For an Unlawful Detainer Case to prosper, one of its salient requisites is that there must be a letter of demand upon lessee to pay the rental or comply with the terms of the lease AND vacate the premises. The essential requisites of unlawful detainer are: (1) the fact of lease by virtue of a contract express or implied; (2) the expiration or termination of the possessors right to hold possession; (3) withholding by the lessee of the possession of the land or building after expiration or termination of the right to possession; (4) letter of demand upon lessee to pay the rental or comply with the terms of the lease and vacate the premises; and (5) the action must be filed within one (1) year from date of last demand received by the defendant.]
33. After handing over to Pedro the demand letter, have you seen Maria and Pedro converse or talk before in the apartment? 34. If yes, what is the demeanor of Pedro when talking to Maria? 35. Have you seen Maria confronting Pedro of his failure to pay his rentals? 36. If yes, how would Pedro react to this confrontation by Maria?
37. After serving the demand letter to Pedro, did he continued staying in the apartment? 38. Is there an instance after serving the demand letter that you were ordered by Maria to ask Pedro to vacate the apartment, if any? [Demand to vacate is required when the lease is on a month-to-month basis to terminate the lease upon the expiration of the month. In the absence of such notice, the lease of private respondent continues to be in force and cannot be deemed to have expired as of the end of the month automatically, Yap vs Cruz, 208 SCRA 692, 695).] 39. Did Maria asked you again to hand another demand letter to Pedro? 40. So again, it was just once Maria that Maria ordered you to serve a demand letter to Pedro? (Ask and answered ata ni)
