Summary Proceedings

JUDICIAL FORMS (SUMMARY PROCEEDINGS) EJECTMENT (FORCIBLE ENTRY) COMPLAINT Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT QUEZON CITY Branch 031 JUAN AYSION SANTOS Plaintiff, -versus-

CIVIL CASE No. Q-12345 For: EJECTMENT (FORCIBLE ENTRY)

JOHN CHIU CO

Defendant. x - - - - - - - - - - - - - - - - - - - - - - - - - - -x COMPLAINT PLAINTIFF, through the undersigned counsel, and unto this Honorable Court most respectfully submits this Complaint for Forcible Entry and in support hereof makes the following assertions: 1. Plaintiff JUAN AYSION SANTOS, is residing at #123 Narra St., Fairville, Quezon City, where he may be served with court order and other processes; 2. Defendant JOHN CHIU CO is a resident of #123 Acacia St., Fairville, Quezon City where he may be served with summons, order and other court processes; 3. Plaintiff became owner of a certain parcel of land, through a Deed of Sale from the original owner, JANICE DY LEE. (A copy of the Deed of Sale is hereto attached as Annex “A”); 4. The parcel of land, situated in #129 Fairville, Barangay Pangsy, Quezon City, is covered by Transfer of Certificate of Title No. 12345 issued by the Register of Deeds od Quezon City and is more particularly described, as follows: (Description) (Copy of TCT- 12345 is hereto attached as ANNEX “B”); 5. Herein Defendant, through stealth and strategy, occupied the parcel of land in question and refuses to vacate the same despite repeated oral and written demands. (Copy of the written demand is hereto attached as Annex “C”); 6. The same acts of the Defendant compelled the Plaintiff to incur damages consisting of attorney’s fees in the amount of Thirty thousand pesos (P30,000.00) pesos and filing fee, cost of transportation and other 1

JUDICIAL FORMS (SUMMARY PROCEEDINGS) miscellaneous accommodation of its lawyers and other personal expenses to be incurred in attending the hearings of this case in the amount of FIFTY THOUSAND PESOS (Php 25,000.00). 7. This action is governed by the Rules on Summary Procedure;

PRAYER WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court that, after the proceedings, judgment be rendered in favor of the Plaintiff and ordering the Defendant and all persons claiming rights under him to: (a) Permanently VACATE the premises in question and give the immediate right of possession to the Plaintiff; (b) Pay plaintiff the amount of Thirty Thousand Pesos (P30,000.00) by way of attorneys fees and Twenty Five Thousand Pesos (P25,000.00), by way of other litigation expenses; and, (c) Pay the cost of this suit. Plaintiff prays for such other remedies and reliefs as may be deemed just and equitable under the premises. May 1, 2011. Quezon City, Metro Manila.

ATTY. PHOEMELA G. CRUZ Counsel for Plaintiff Quezon City Roll of Attorneys No. 1234567 IBP No. A-1234567 PTR No. A- 1234567 MCLE No. A-1234567

2

JUDICIAL FORMS (SUMMARY PROCEEDINGS)

VERIFICATION AND CERTIFICATION AGAINST NON- FORUM SHOPPING I, JUAN AYSION SANTOS, of legal age, after being duly sworn to in accordance with law, depose and attest: That I am the petitioner in the above-titled case; that I have caused the preparation of the foregoing petition and understood the contents thereof, and I hereby declare that all the allegations contained therein are true and correct according to my knowledge and belief. Furthermore, I hereby certify that I have not filed nor caused to be filed any other similar case involving the same issues in the Supreme Court, Court of Appeals or any other tribunal or agency and that, should there be any other such case/s that may have been filed, I hereby bind myself to inform the Court of such fact within five (5) days from the discovery thereof. IN WITNESS WHEREOF, I have hereunto set our hand this 1st day of May 2012, City of Quezon, Metro Manila, Philippines.

JUAN AYSION SANTOS Affiant CTC No. 1234565 Issued On: May 4, 2011 Issued At: Quezon City SUBSCRIBED AND SWORN to before me, in the City of Quezon, this day of May 2012, City of Quezon, Metro Manila, Philippines, affiant having ex habited to me his Drivers License No. ___________, issued at Quezon City, Philippines. 1st

ATTY. DAN B. SAN Notary Public Until December 31, 2013 PTR No. A-123056 Issued at Quezon City On January 1, 2012 Doc. No. 1; Page No. 1; Book No. 1; Series 2012.

3

JUDICIAL FORMS (SUMMARY PROCEEDINGS)

EJECTMENT (FORCIBLE ENTRY) ANSWER Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT QUEZON CITY Branch 031 JUAN AYSION SANTOS, Plaintiff, -versus-

CIVIL CASE No. Q-12345 For: EJECTMENT (FORCIBLE ENTRY)

JOHN CHIU CO

Defendant. x- - - - - - - - - - - - - - - - - - - - - - - - x ANSWER COMES NOW THE DEFENDANT JOHN CHIU CO, through the undersigned counsel, and unto this Honorable Court most respectfully submits that: 1. DEFENDANT ADMITS the allegations in paragraph 1 and paragraph 2 of complaint insofar as they relate to their personal circumstances; 2. DEFENDANT specifically DENIES the allegations in paragraph 5 since he was given authority by JANICE DY LEE to occupy the land. PRAYER WHEREFORE, the answering defendant, most respectfully pray for judgment: 1. Dismissing the complaint with costs against the plaintiff; and 2. The Defendant’s further pray for any and all relief and remedies fitting and proper under the premises.

4

JUDICIAL FORMS (SUMMARY PROCEEDINGS) City of Quezon, June 01, 2012

ATTY. SHU B. SAY Counsel for Defendant Quezon City Roll of Attorneys No. A-123467 IBP No.A-123456 PTR No. A-1234557 MCLE No. A123457 VERIFICATION I, JOHN CHIU CO, Filipino, of legal age, and residing at 123 Acacia St., Fairville, Quezon City, Metro Manila after having been duly sworn in accordance with law, hereby depose and state that I, the defendant in the present case; caused the preparation of the foregoing Answer; that I have read and understood the contents thereof and that the same are true and correct as to the best of our knowledge and belief. City of Quezon, June 01, 2012

JOHN CHIU CO Defendant CTC No. B-124843 Issued at Quezon City On March 3, 2012 Copy furnished: ATTY. PHOEMELA G. CRUZ Quezon City

5

JUDICIAL FORMS (SUMMARY PROCEEDINGS)

EJECTMENT (FORCIBLE ENTRY) REPLY Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT QUEZON CITY Branch 031 JUAN AYSION SANTOS, Plaintiff, -versus-

CIVIL CASE No. Q-12345 For: EJECTMENT (FORCIBLE ENTRY)

JOHN CHIU CO,

Defendant. x - - - - - - - - - - - - - - - - - - - - - - - - - - -x REPLY COMES NOW Plaintiff through the undersigned counsel and hereby respectfully states that: 1. In the Defendant’s Answer, the said defendant stated that plaintiff allowed him to use the premises of the lot; 2. Defendant is evidently misleading the court in denying the existence of the cause of action; PRAYER WHEREFORE, Plaintiff respectfully prays that judgment be rendered in his favor in accordance with the original prayer set forth in the plaintiff’s complaint. Quezon City. May 4, 2012

ATTY. PHOEMELA G. CRUZ Counsel for Plaintiff Quezon City Roll of Attorneys No. A-1234567 IBP No.A-1234567 6

JUDICIAL FORMS (SUMMARY PROCEEDINGS) PTR No. A-12345567 MCLE No. A1234567

EJECTMENT (FORCIBLE ENTRY) POSITION PAPER Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT QUEZON CITY Branch 031 JUAN AYSION SANTOS, Plaintiff, -versus-

CIVIL CASE No. Q-12345 For: EJECTMENT (FORCIBLE ENTRY)

JOHN CHIU CO, Defendant. x - - - - - - - - - - - - - - - - - - - - - - - - - - -x POSITION PAPER FOR THE PLAINTIFF PLAINTIFF, by counsel, unto this Honorable Office, respectfully submits this Position Paper in the above entitled case, and alleges that: THE CASE The case arose from the stealthy strategic usurpation of the defendant of the property of the herein plaintiff. Plaintiff now prays for the ejectment of the defendant and the payment of damages. FACTS OF THE CASE 1. Plaintiff JUAN AYSION SANTOS, is a resident of #123 Narra St., Fairville, Quezon City, where they may be served with court order and other processes; 2. Defendant JOHN CHIU CO is a resident of #123 Acacia St., Fairville, Quezon City where he may be serve with summons, order and other court processes; 3. Plaintiff became owners of a certain parcel of land, through a Deed of Sale from the original owner, JANICE DY LEE.

7

JUDICIAL FORMS (SUMMARY PROCEEDINGS) 4. The parcel of land is situated in 129 Fairville, Barangay Pangsy, City of Quezon, Metro Manila covered by TCT No. 12345. 5. That herein Defendant, through stealth and strategy, occupied the parcel of land in question. 6. That Defendant, despite repeated demand, refused to vacate the land. 7. The same acts of the Defendant compelled the Plaintiff to incur litigation expenses consisting of attorneys fees in the amount of THIRTY THOUSAND (Php 30,000.00) and other litigation expenses consisting of filing fees, cost of transportation and other miscellaneous expenses to be incurred in attending the hearings of this case at TWENTY FIVE THOUSAND PESOS (Php 25,000.00). ISSUE 1. Whether or not defendant should be ejected. 2. Whether or not plaintiff is entitled to damages. ARGUMENTS 1. Under the Rules of Court, where a person unlawfully deprives another of his property, an ejectment for forcible entry case may be filed against the usurper 2. Under the Civil Code, the plaintiff is entitled to moral and actual damages. RESERVATIONS Plaintiff respectfully reserves its right to file supplemental pleadings or adduce additional evidence in due course of the proceedings whenever necessary and proper. PRAYER WHEREFORE, plaintiff prays that the reliefs prayed for in the instant complaint be granted. Quezon City. May 4, 2012

ATTY. PHOEMELA G. CRUZ Counsel for Plaintiff Quezon City Roll of Attorneys No. A-1234567 IBP No.A-1234567 PTR No. A-12345567 MCLE No. A1234567

8

JUDICIAL FORMS (SUMMARY PROCEEDINGS)

EJECTMENT (FORCIBLE ENTRY) POSITION PAPER Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT QUEZON CITY Branch 031 JUAN AYSION SANTOS, Plaintiff, -versus-

CIVIL CASE No. Q-12345 For: EJECTMENT (FORCIBLE ENTRY)

JOHN CHIU CO,

Defendant. x - - - - - - - - - - - - - - - - - - - - - - - - - - -x POSITION PAPER FOR THE DEFENDANT DEFENDANT, by counsel, unto this Honorable Office, respectfully submits this Position Paper in the above-titled case, and alleges that: THE CASE The is an action for Forcible Entry commenced by the Plaintiff JUAN AYSION SANTOS against the defendant JOHN CHIU CO. The subject matter of this action is a piece of land identified as in #129 Fairville, Barangay Pangsy, City of Quezon, Metro Manila. Copy of TCT- 12345 Lot No. 2-A-1 situated at Barangay Pangsy, City of Quezon under OCT No.123456 issued in the name of the late JUANA DELA CRUZ -SANTOS registered in the Registry of Deeds of Quezon City. FACTS OF THE CASE 1. Plaintiff JUAN AYSION SANTOS, with residence and postal address at #123 Narra St., Fairville, Quezon City, where they may be served with court order and other processes; 2. Defendant JOHN CHIU CO is a resident of #123 Acacia St., Fairville, Quezon City where he may be serve with summons, order and other court processes; 3. Plaintiff became owner of a certain parcel of land, through a Deed of Sale from the original owner, JANICE DY LEE Copy of the Deed of Sale is hereto attached as Annex “A”; 9

JUDICIAL FORMS (SUMMARY PROCEEDINGS)

4. The parcel of land is situated in #129 Fairville, Barangay Pangsy, City of Quezon, Metro Manila. Copy of TCT- 12345 is hereto attached as ANNEX “B”; 5. That as early 2002, JOHN CHIU CO took possession of the property under Lot No. 2-A-1 and constructed a nipa hut thereon. 6. On April 15, 2012 the defendants were surprised that plaintiff JUAN AYSION SANTOS approached and informed him that he was the lawful owner of the land and they acquired it through a sale because their mother never sold the said property when she was alive. 7. On May 19, 2012 the defendant received a summon from the Metropolitan Trial Court to answer for a complaint filed against them for forcible entry. On June 1, 2012 the defendant thru the undersigned counsel filed an answer to the complaint. 8. The same acts of the Plaintiff compelled the Defendant to incur litigation expenses consisting of filing fee, cost of transportation and other miscellaneous accommodation of its lawyers and other personal expenses to be incurred in attending the hearings of this case, etc., fixed at FIFTY THOUSAND PESOS (Php 50,000.00), which the Plaintiff should also be held answerable therefore; ISSUE 1. Whether the defendants can be ejected by forcible entry under Rule 70 Section 1 of the Revised the Rules of Court. ARGUMENTS 1. The defendants cannot be ejected on the subject land for the reason that for forcible entry to attach the following circumstance must concur: (a)That the person is deprived of his property; (b)That such deprivation is due to force, intimidation, threat, strategy or stealth; and (c)That such person has real title over such property. In this case, the Defendant made no deprivation of possession on the Plaintiff because the property was already in his possession and the plaintiff started to claim such land on April 2012 based on the alleged sale of JANICE DY LEE to the Plaintiff. This would only show that defendant was in a threat of losing the subject land which they lawfully acquired through the permission of JANICE DY LEE. Moreover the plaintiff has never been in possession of such land from the time it was acquired by the defendants. This means that plaintiff was never in possession of the property as one of the elements of forcible entry. RESERVATIONS 10

JUDICIAL FORMS (SUMMARY PROCEEDINGS) Plaintiff respectfully reserves its right to file supplemental pleadings or adduce additional evidence in due course of the proceedings whenever necessary and proper. PRAYER WHEREFORE, defendant prays that the reliefs he prayed for in his complaint be granted and any other reliefs which the court may award to the plaintiff which is just and equitable under the circumstances. Quezon City. May 4, 2012

ATTY. SHU B. SAY Counsel for Defendant Quezon City Roll of Attorneys No. A-1234567 IBP No.A-1234567 PTR No. A-12345567 MCLE No. A1234567

11

JUDICIAL FORMS (SUMMARY PROCEEDINGS)

EJECTMENT (FORCIBLE ENTRY) ARBITRATION / COMPROMISE AGREEMENT Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT QUEZON CITY Branch 031 JUAN AYSION SANTOS, Plaintiff, -versus-

CIVIL CASE No. Q-12345 For: EJECTMENT (FORCIBLE ENTRY)

JOHN CHIU CO , Defendant. x - - - - - - - - - - - - - - - - - - - - - - - - - - -x

COMPROMISE AGREEMENT THE UNDERSIGNED PARTIES JUAN AYSION SANTOS, resident of #123 Narra St., Fairville, Quezon City AND JOHN CHIU CO, resident of #123 Acacia St., Fairville, Quezon City AGREE as follows: 1. That JOHN CHIU CO shall pay for the rent on the property including back rentals; 2. The plaintiff shall drop this civil case against the defendant. IN WITNESS WHEREOF, the Parties hereto have mutually and voluntarily agreed to the above stipulations, and sign this Agreement, at the METROPOLITAN TRIAL COURT of Quezon City, Branch 031, on this 15th day of July, 2012 for the consideration and approval of the Honorable Court.

JUAN AYSION SANTOS Plaintiff

JOHN CHIU CO Defendant

Assisted by:

12

JUDICIAL FORMS (SUMMARY PROCEEDINGS)

JUSTIN C. BERN Mediator

JESICA A. ASE Mediation-Supervisor/Coordinator

E J E C T M E N T (UNLAWFUL DETAINER) COMPLAINT Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT QUEZON CITY Branch 031 JUAN AYSION SANTOS Plaintiff, -versus-

CIVIL CASE No. H-12346 For: EJECTMENT (UNLAWFUL DETAINER)

JOHN CHIU CO Defendant. x - - - - - - - - - - - - - - - - - - - - - - - - - - -x COMPLAINT PLAINTIFF, through the undersigned counsel, and unto this Honorable Court most respectfully submit this Complaint for Unlawful Detainer and in support hereof makes the following assertion: 1. Plaintiff JUAN AYSION SANTOS’s residence and postal address is at #123 Narra St., Fairville, Quezon City, where they may be served with court order and other processes; 2. Defendant JOHN CHIU CO residence and postal address is at #123 Acacia St., Fairville, Quezon City where he may be served with summons, order and other court processes; 3. Initially, the possession of property located at 129 Fairkes St., Fairville, Quezon City by the defendant was by a contract of lease with or by tolerance of the plaintiff; 4. That defendant’s lease expired 2 months ago; 5. That defendant refused to turn over the said property even after demand to do so is made thus, such possession became illegal; 6. Thereafter, the defendant remained in possession of the property and deprived the plaintiff of the enjoyment thereof; and 7. The same acts of the Defendant compelled the Plaintiff to incur litigation expenses consisting of filing fee, cost of transportation and other miscellaneous accommodation of its lawyers and other personal expenses to be incurred in attending the hearings of this case, etc., fixed at FIFTY 13

JUDICIAL FORMS (SUMMARY PROCEEDINGS) THOUSAND PESOS (Php 50,000.00), which the Defendant should also be held answerable; 8. This action is governed by the Rules on Summary Procedure.

PRAYER WHEREFORE, premises considered, it is respectfully prayed unto this Honorable Court that: (a) After trial, judgment be rendered in favor of herein Plaintiff and ordering Defendant and all persons claiming right under him to permanently VACATE the premises in question and give the immediate possession thereof to the Plaintiff; (b) Pay plaintiff the amount of FIFTY THOUSAND PESOS (Php50,000.00), as and by way of attorney’s fees; (c) Pay plaintiff the cost of this suit. Plaintiff prays for such other remedies and reliefs as may be deemed just and equitable under the premises. May 10, 2012. Quezon City. ATTY. PHOEMELA G. CRUZ Counsel for Plaintiff Quezon City Roll of Attorneys No. A-1234567 IBP No.A-1234567 PTR No. A-12345567 MCLE No. A1234567

VERIFICATION AND CERTIFICATION AGAINST NON- FORUM SHOPPING I, JUAN AYSION SANTOS, of legal age, after being duly sworn to in accordance with law, depose and says: That I am the petitioner in the above-titled case; that I have caused the preparation of the preparation of the foregoing petition and understood the contents thereof; and I hereby declare that all the allegations contained therein are true and correct according to my knowledge and belief. Furthermore, I hereby certify that I have not filed nor caused to be filed a similar case involving the same issues in the Supreme Court, Court of Appeals or any tribunal or agency, I shall inform the Court, tribunal or agency of such fact within five (5) days thereof. IN WITNESS WHEREOF, we have hereunto set our hand this 10th day of May 2012, City of Quezon, Metro Manila, Philippines.

14

JUDICIAL FORMS (SUMMARY PROCEEDINGS)

JUAN AYSION SANTOS Plaintiff CTC No. 1234565 Issued On: March 4, 2012 Issued At: Quezon City E J E C T M E N T ( UNLAWFUL DETAINER) ANSWER Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT QUEZON CITY Branch 031 JUAN AYSION SANTOS Plaintiff, -versus-

CIVIL CASE No. H-12346 For: EJECTMENT (UNLAWFUL DETAINER)

JOHN CHIU CO Defendant. x - - - - - - - - - - - - - - - - - - - - - - - - - - -x ANSWER DEFENDANT, through the undersigned counsel, and unto this Honorable Court most respectfully submit this ANSWER for Unlawful Detainer and in support hereof makes the following assertion: 1. Defendant admits paragraphs 1 and 2 insofar as the personal circumstances of the plaintiff and defendant are concerned; 2. Defendant specifically denies paragraph 3 of the complaint in as much as the plaintiff allowed for the extension of the lease contract; 3. Defendant partially admits paragraph 4 and 5 in as much as he refuses to turn over the said property only because of the extension granted to him by the plaintiff; 4. The same acts of the Plaintiff compelled the Defendant to incur litigation expenses consisting of filing fee, cost of transportation and other miscellaneous accommodation of its lawyers and other personal expenses to be incurred in attending the hearings of this case, etc., fixed at FIFTY THOUSAND PESOS (Php 50,000.00), which the Plaintiff should also be held answerable therefore; 5. This action is governed by the Rules on Summary Procedure; PRAYER 15

JUDICIAL FORMS (SUMMARY PROCEEDINGS)

WHEREFORE, premises considered, it is respectfully prayed unto this Honorable Court that: (d) After trial, judgment be rendered in favor of herein Defendant dismissing the complaint; (e) Pay the Defendant the amount of FIFTY THOUSAND PESOS (Php50,000.00), as and by way of attorney’s fees; (f) Pay the Defendant the cost of this suit. Defendant prays for such other remedies and reliefs as may be deemed just and equitable under the premises. May 16, 2012. Quezon City.

ATTY. SHU B. SAY Counsel for Defendant Quezon City Roll of Attorneys No. A-1234567 IBP No.A-1234567 PTR No. A-12345567 MCLE No. A1234567

VERIFICATION AND CERTIFICATION AGAINST NON- FORUM SHOPPING I, JOHN CHIU CO, of legal age, after being duly sworn to in accordance with law, depose and says: That I am the Defendant in the above-entitled case; that I have caused the preparation of the foregoing Answer and understood the contents thereof; and I hereby declare that all the allegations contained therein are true and correct according to my knowledge and belief. Furthermore, I hereby certify that I have not filed nor caused to be filed a similar case involving the same issues in the Supreme Court, Court of Appeals or any tribunal or agency, I shall inform the Court, tribunal or agency of such fact within five (5) days thereof. IN WITNESS WHEREOF, we have hereunto set our hand this 16th day of May 2012, City of Quezon, Metro Manila, Philippines.

JOHN CHIU CO Defendant CTC No. B-124843 Issued at Quezon City On March 3, 2012

16

JUDICIAL FORMS (SUMMARY PROCEEDINGS)

E J E C T M E N T ( UNLAWFUL DETAINER) REPLY Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT QUEZON CITY Branch 031 JUAN AYSION SANTOS, Plaintiff, -versus-

CIVIL CASE No. H-12346 For: EJECTMENT (UNLAWFUL DETAINER)

JOHN CHIU CO, Defendant. X - - - - - - - - - - - - - - - - - - - - - - - - - - -X REPLY COMES NOW Plaintiff through the undersigned counsel and hereby respectfully states that: 1. In the Defendant’s Answer, the said defendant stated that plaintiff allowed him to extend the lease of the property in question; 2. Defendant is evidently misleading the court in alleging the claim in as much as the plaintiff did not extend such lease. Neither is there any evidence of such extension; PRAYER WHEREFORE, Plaintiff respectfully prays that judgment be rendered in his favor in accordance with the original prayer set forth in the plaintiff’s complaint. Quezon City. May 18, 2012

ATTY. PHOEMELA G. CRUZ Counsel for Plaintiff Quezon City Roll of Attorneys No. A-1234567 IBP No.A-1234567 PTR No. A-12345567 17

JUDICIAL FORMS (SUMMARY PROCEEDINGS) MCLE No. A1234567

E J E C T M E N T ( UNLAWFUL DETAINER) POSITION PAPER Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT QUEZON CITY Branch 031 JUAN AYSION SANTOS, Plaintiff, -versus-

CIVIL CASE No. H-12346 For: EJECTMENT (UNLAWFUL DETAINER)

JOHN CHIU CO, Defendant. X - - - - - - - - - - - - - - - - - - - - - - - - - - -X POSITION PAPER FOR THE PLAINTIFF PLAINTIFF, by counsel, unto this Honorable Office, respectfully submits this Position Paper in the above entitled case, and alleged that: THE CASE The case arose from the expiration of the lease agreement between the plaintiff and defendant and the latter’s subsequent refusal to vacate the former’s property. Plaintiff now prays for the ejectment of the defendant and the payment of damages. FACTS OF THE CASE 1. Plaintiff JUAN AYSION SANTOS, with residence and postal address at #123 Narra St., Fairville, Quezon City, where they may be serve with court order and other processes; 2. Defendant JOHN CHIU CO is a resident of #123 Acacia St., Fairville, Quezon City where he may be serve with summons, order and other court processes; 3. Defendant was a lessee of the plaintitff’s property in 129 Fairkes St., Fairville, Quezon City; 4. That defendant’s lease expired 2 months ago

18

JUDICIAL FORMS (SUMMARY PROCEEDINGS) 5. That defendant refuses to turn over the said property even after demand is made; 6. The same acts of the Defendant compelled the Plaintiff to incur litigation expenses consisting of filing fee, cost of transportation and other miscellaneous accommodation of its lawyers and other personal expenses to be incurred in attending the hearings of this case, etc., fixed at FIFTY THOUSAND PESOS (Php 50,000.00), which the Defendant should also be held answerable therefore;

ISSUE 3. Whether defendant should be ejected. 4. Whether plaintiff is entitled to damages. ARGUMENTS 1. Under the law, where a person unlawfully deprives another of his property as in this case, an ejectment case may be filed against the usurper. 2. Under the Civil Code, the plaintiff is entitled to moral and actual damages. RESERVATIONS Plaintiff respectfully reserves its right to file supplemental pleadings or adduce additional evidence in due course of the proceedings whenever necessary and proper. PRAYER WHEREFORE, plaintiff prays that the relief he prayed for in his complaint be granted and any such other relief which the court may award to the plaintiff which is just and equitable under the circumstances. Quezon City. May 4, 2012

ATTY. PHOEMELA G. CRUZ Counsel for Plaintiff Quezon City Roll of Attorneys No. A-1234567 IBP No.A-1234567 PTR No. A-12345567 MCLE No. A1234567

19

JUDICIAL FORMS (SUMMARY PROCEEDINGS)

E J E C T M E N T ( UNLAWFUL DETAINER) POSITION PAPER Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT QUEZON CITY Branch 031 JUAN AYSION SANTOS, Plaintiff, -versus-

CIVIL CASE No. H-12346 For: EJECTMENT (UNLAWFUL DETAINER)

JOHN CHIU CO, Defendant. X - - - - - - - - - - - - - - - - - - - - - - - - - - -X POSITION PAPER FOR THE DEFENDANT PLAINTIFF, by counsel, unto this Honorable Office, respectfully submits this Position Paper in the above entitled case, and alleged that: THE CASE The case arose from the complaint filed by the Plaintiff against the defendant on the alleged expiration of their lease agreement. FACTS OF THE CASE 1. Plaintiff JUAN AYSION SANTOS, with residence and postal address at #123 Narra St., Fairville, Quezon City, where they may be served with court order and other processes; 2. Defendant JOHN CHIU CO is a resident of #123 Acacia St., Fairville, Quezon City where he may be served with summons, order and other court processes; 3. Defendant was a lessee of the plaintiff’s property in 129 Fairkes St., Fairville, Quezon City; 4. That defendant’s lease was extended 2 months ago; 5. That as a consequence of the extension, the Plaintiff allowed the Defendant to stay for 9 months. However, the Defendant was shocked

20

JUDICIAL FORMS (SUMMARY PROCEEDINGS) when a couple of weeks after the extension was made, the Plaintiff is asking him to vacate the property immediately. 6. The same acts of the Plaintiff compelled the Defendant to incur litigation expenses consisting of filing fee, cost of transportation and other miscellaneous accommodation of its lawyers and other personal expenses to be incurred in attending the hearings of this case, etc., fixed at FIFTY THOUSAND PESOS (Php 50,000.00), which the Defendant should also be held answerable therefore; ISSUE 1. Whether the defendant should be ejected. 2. Whether the plaintiff is entitled to damages. ARGUMENTS 1. Under the law, where a person unlawfully deprives another of his property, an ejectment case may be filed against the usurper 2. Under the Civil Code, the plaintiff is entitled to moral and actual damages. RESERVATIONS Plaintiff respectfully reserves its right to file supplemental pleadings or adduce additional evidence in due course of the proceedings whenever necessary and proper. PRAYER WHEREFORE, premises considered, it most respectfully prayed this Honorable Court that the instant Case of Forcible Entry shall be dismissed for want of basis, either in fact or in law. Quezon City. May 4, 2012

ATTY. PHOEMELA G. CRUZ Counsel for Plaintiff Quezon City Roll of Attorneys No. A-1234567 IBP No.A-1234567 PTR No. A-12345567 MCLE No. A1234567

21

JUDICIAL FORMS (SUMMARY PROCEEDINGS)

E J E C T M E N T ( UNLAWFUL DETAINER) ARBITRATION / COMPROMISE AGREEMENT Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT QUEZON CITY Branch 031 JUAN AYSION SANTOS, Plaintiff, -versus-

CIVIL CASE No. H-12346 For: EJECTMENT (UNLAWFUL DETAINER)

JOHN CHIU CO, Defendant. X - - - - - - - - - - - - - - - - - - - - - - - - - - -X COMPROMISE AGREEMENT THE UNDERSIGNED PARTIES JUAN AYSION SANTOS, resident of #123 Narra St., Fairville, Quezon City AND JOHN CHIU CO, resident of #123 Acacia St., Fairville, Quezon City AGREE as follows: 1. That JOHN CHIU CO shall pay for the rent on the property including back rentals; 2. The plaintiff shall drop this civil case against the defendant. IN WITNESS WHEREOF, the Parties hereto have mutually and voluntarily agreed to the above stipulations, and sign this Agreement, at the METROPOLITAN TRIAL COURT of Quezon City, Branch 031, on this 16th day of August, 2012 for the consideration and approval of the Honorable Court.

JUAN AYSION SANTOS Plaintiff

JOHN CHIU CO Defendant 22

JUDICIAL FORMS (SUMMARY PROCEEDINGS)

Assisted by: JUSTIN C. BERN Mediator

JESICA A. ASE Mediation-Supervisor/Coordinator

23