Position Paper

Republic of the Philippines NATIONAL JUDICIAL REGION METROPOLITAN TRIAL COURT Branch111 , San Juan City Margarito Andrada, Plaintiff, CIVIL CASE NO: FOR: UNLAWFUL DETAINER -VERSUSConrado Tolentino, Defendant. X---------------------------X POSITION PAPER FOR THE DEFENDANT COMES NOW, Defendant assisted by the Public Attorney’s Office through the undersigned counsel unto this Honorable Court most respectfully submits his position paper: BRIEF STATEMENT OF THE CASE This a civil case for UNLAWFUL DETAINER filed by the Plaintiff against the Defendant for occupying a house located San Juan City. Allegedly owned by the Plaintiff by virtue of a Lease of Contract. FACTS OF THE CASE Defendant is a lessee of Mr. Margarito Andrada the known owner of the land located at San Juan City and ever since he started living in such place has not been paying rent to the former. (January 2006 up to present). As proof of the foregoing copies of the receipt are attached herewith and made an integral part of this position paper as Annex A and B. That sometime on January 2006, Conrado Tolentino enters stealthily into my property in San Juan. Mr. Tolentino puts up a small nipa hut and my friend learned that he is merely encroaching into my property, because he said that he has no place to live. Being Kind of a person who’s prone to premonitions, we made a Lease of Contract that we agreed on March 08, 2006. Copy of the Lease of Contract is hereto attached as Annex A. As time pass by, I reminded and I have sent him several letters of demand for the payments of the rentals but Mr. Conrado Tolentino Have not come forward yet the money and he never made specific arrangements to pay his balance. A copy of the Demand Letter is hereto attached as Annex B

The Contract of Lease has already expired and I have made repeated attempts to collect but he refused to make the final payment.

I requested him to vacate and just pay the premises but he take it to grant. Margarito Andrada , is in need of money and therefore needs the support of the defendant. 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. Plaintiff’s 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. P R A Y E R 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 Attorney’s Office

Rm. 107 San Juan City Justice Hall

ATTY. JOHN FERDINEL DELOS REYES PUBLIC ATTORNEY II ROLL NO. 51962 IBP NO. 666180 12/28/06 for 07

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.

ATTY. JOHN FERDINEL DELOS REYES