Republic of the Philippines IN THE MUNICIPAL TRIAL COURT OF CABUYAO Province of Laguna
LEONARDO A. SARA, Plaintiff,
-versus-
CIVIL CASE NO: ___________ For: EJECTMENT (UNLAWFUL DETAINER)
EVA SIAOTONG, Defendant,
POSITION PAPER FOR THE PLAINTIFF
THE PLAINTIFF , by counsel, respectfully states:
I.
PROPERTY INVOLVED
The property subject matter of the instant ejectment case is the residential house and lot located at Block 21 Lot 10, Lakesidenest Subdivision, Brgy. Banay Banay, Cabuyao City, Laguna registered in the name LEONARDO A. SARA, plaintiff in the instant ejectment case.
II. EJECTMENT COMPLAINT
The verified complaint for ejectment (unlawful detainer) filed by the herein plaintiff, prayed for a judgment in favor of the said plaintiff and against the Eva Siaotong, directing the latter to (a) Vacate the aforesaid residential house and lot and to peacefully surrender the same to herein plaintiff; (b) Pay the plaintiff in the amount of Forty one hundred thousand pesos(Php ____________) for actual damages sustained for the monthly rent for the house unit; (c) Pay the plaintiff in such amounts representing for the payment pa yment of moral and exemplary damages, as this Honorable Court, in its wise and sound discretion, may determine; and (d) Pay the cost of the suit.
The allegations of the ultimate facts of the instant ejectment complaint are quoted hereinbelow:
1. That plaintiff is of legal age, Filipino and a resident of Brgy. Banay Banay, Cabuyao City, Laguna where she may be served with summons and other processes of this Honorable Court;
2. That defendant is of legal age and are presently unlawfully residing at Blk 12 Lot 10 Ph.1 Lakeside Subdivision, Brgy. Banay Banay, Cabuyao City, Laguna and may served with summons and other legal processes therein by this Honorable Court;
3. Plaintiff is the lawful owner of a parcel of land situated in the City of Cabuyao, Province of Laguna.
4. It was solely out of the compassion and tolerance of the plaintiff, Mr. Leonardo A. Sara which enabled the defendant to temporarily reside on his property located at Blk 12 Lot 10 Ph. 1 Lakeside Subdivision, Brgy. Banay Banay, Cabuyao City, Laguna. As members of the same family, complainant willingly allowed the defendant to briefly reside therein together with her family.
5. It was their understanding then that they were to reside therein to lease the subject property, but as soon as the time comes that the defendant fails to pay the agreed amount for the payment of renting the house, the defendant would necessarily vacate the premises and surrender the peaceful possession thereof to the plaintiff;
6. Plaintiff made several demand to compel the defendant to pay the amount falls due for several months that the defendant fails to pay the rent for the said house and pay the necessary bills and dues of the household;
8. The defendant with her family is at present still occupying the house and lot and refuse to vacate and surrender the peaceful possession thereof to the plaintiff.
9. Plaintiff initially made an attempt to settle the matter amicably by filing a “Sumbong” (Complaint) before the Barangay Banay banay Barangay Council against the defendant for unlawfully depriving him of the peaceful possession and enjoyment of his residential house and lot. He sought their assistance to peacefully lead away the said defendant and for the plaintiff to get back the physical possession of the house and lot rightfully belonging to him.
10. However, no amicable settlement was reached upon by the parties. In fact, they disregarded the initial notice sent by the Barangay and even ignored the scheduled meetings/dialogues before the Lupon. On a mediation proceedings on the matter, defendant unwaveringly manifested their refusal to vacate the premises before the officer/s of the Barangay who mediated the parties;
11. Thus, on (16 August 2013), the Tanggapan ng Kapitan ng Barangay issued a Certification (Katibayan Upang Makadulog sa Hukuman) authorizing the plaintiff to file the appropriate action unto this Honorable Court stating that “walang nagawang pagaayos o pagkakasundo sa mga partido” was reached.
12. On an effort to settle the matter, plaintiff made a personal service to defendant a “ Final Demand Letter to Vacate” to vacate the premises within 30 days from the receipt of the demand letter which defendant’s husband received on August 18, 2013. 13. Defendant, who have been unlawfully possessing and occupying the subject parcel of land, and despite due notice and demand to vacate the same, unjustifiably failed and refused and continue to fail and refuse to vacated the said premises. Thus, due to defendant’s wanton disregard and deliberate violation of the plaintiff’s right to enjoy the rightful possession of his property, herein plaintiff has suffered and continuously suffers sleepless nights, serious anxiety and other similar sufferings from which entitle him to the recovery of damages in such amount as this Honorable Court, in its wise discretion, may determine;
14. By reason of the gross and evident bad faith of the defendant when she deliberately refused to vacate the aforesaid premises and by way of example or correction for the public good, in addition to the moral damages, plaintiff herein is duly entitled for the payment of exemplary damages in such amount, as this Honorable Court, in its wise discretion, may determine;
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that after due hearing judgment be rendered as to the principal cause of action:
a) Ordering defendant EVA SIAOTONG to pay the plaintiff LEONARDO A. SARA the amount falls due since June 2013 until the period which the defendant about to peacefully surrender the house and lot, representing the payment for the rent of the subject property and including the electric bill due amounting to P ________________. b.) Ordering defendant to VACATE and SURRENDER the de facto/material possession of the subject property of the plaintiff. c.) P20,000.00 as exemplary damages; d.) To pay the costs of suit:
