Ejectment Position Paper.docx

Republic of the Philippines Region 10 Municipal Trial Court Iligan City Branch __ ABC Plaintiff, Civil Case No. ____ For: Ejectment -versus-

XYZ Defendant. x--------------------------------------x POSITION PAPER FOR THE COMPLAINANT COMPLAINANT, by the undersigned counsel and and unto this Honorable Court, most respectfully submits this postion paper and avers the following: THE PARTIES Plaintiff is of legal age, single and with residence address at Macapagal Avenue, Tubod Iligan City ,where he may be served with summons and other court processes. Defendant is of legal age, married and maintains a Vulcanizing and Battery Shop with address at Macapagal Avenue, Tubod, Iligan City, where he may be served with summons and other court process of this Honorable Court. STATEMENT OF THE CASE 1. Plaintiff is in prior possession and an adjudged co-owner of the real property situated at the lot Macapagal Avenue, Tubod, Iligan City, a portion of which is occupied by the defendant. Hereby attached is a copy of the judgement made by the Court of Appeals (GR CV no.___) promulgated on April 25, 2016 marked as Annex “A” declaring the Plaintiff a co-owner of the subject property;

2. The Plaintiff is an indigent litigant and has no financial capacity to engage the sevices of a lawyer. A certification of the Intergrated Bar of the Philippines-Lanao Del Norte Chapter is hereto attached and marked as Annex”B’ and a Certificate of Indigency issued by the Office of the Punong Baranggay of Baranggay Tubod is also attached and marked as Annex “B-1”; 3. Sometime in 2014, a contract of lease was executed by and between Plaintiff and Defendant whereby Plaintiff leased a portion of the property to the Defendant, for a period of three (3) years and renewable for 1 year. Hereby attached is a copy of the lease contract signed by the Plaintiff and Defendant as parties marked as Annex “C” 4. In 2017, the period of lease expired. Plaintiff made several verbal and written demands to vacate the said property but the Plaintiff remained and continuously in illegal possession of the said parcel of land. The final demand letter was made on April 24, 2048, the certification of which from the Philippine Postal Corporation is hereto attached and marked as Annex “D” and “D-1”, respectively; 5. The said parcel of land has been leased for the amount of FIVE THOUSAND PESOS ONLY(P5,000.00); 6. That defendant is unlawfully withholding possession of the subject land from the Plaintiff despite last and final demand, to the damage and prejudice of the Plaintiff; 7. That due to the unjust refusal of the Defendant to vacate and to return the said land to the Plaintiff, the latter was constrained to endorse the said matter to the Public Attorney’s Office, then to the IBP and to a private counsel for the filing of an appropriate action in court; 8. That his action is being filed within a period of one (1) year from the last demand on Defendant to vacate the said property; 9. Before filing of this complaint, the dispute has been referred to the Lupong Tagapamayapa of Baranggay Tubod but the parties failed to arrive at an amicable settlement. Certification to file action is hereto attached as Annex “E”; 10. That the filing of this case is caused by the Plaintiff and through the recommendation and participation of the IBP-Lanao Del Norte Chapter.