Beruflich Dokumente
Kultur Dokumente
VILDOMAR T. MARCELO
Plaintiff,
Civil Case No. 19-0001
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POSITION PAPER
(for the Plaintiff)
Plaintiff, by counsel, most respectfully state:
I.
PARTIES
Plaintiff, Vildomar T. Marcelo, is a Filipino citizen, of legal
age, single, and a resident of Minante 1, City of Cauayan,
Isabela. He can be served with notices and other court
processes at his given address or through the undersigned
counsel, at the address herein below given.
Defendant, Nio Joseph E. Sicuan, is a Filipino citizen, of
legal age, single, and a resident of Disimuray, City of Cauayan,
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IV.
ARGUMENTS
..In the case at bar, there is hardly any doubt about the
lessor's efforts to collect the unpaid rentals or to repossess the
property, since the demand was made on March 11, 1955. Not
only did they persistently bring court action to enforce their
rights, but that, demands were made even on the RFC and the
actual occupant of the premises, E. S. Baltao & Co. The letter of
December 27, 1957 itself, cited by appellant, shows that it was
not just another demand, but a reminder to her to comply with
an alleged agreement reached by their counsels, that she was
going to voluntarily vacate the premises. It appears therefrom,
that if no action was taken by the lessor from October 31, 1957
when the complaint for unlawful detainer (Civil Case No. 52060)
was dismissed by the Municipal Court of Manila, until
December 27, 1957 when the reminder was made, it was
because the plaintiffs (lessor) were expecting that the lessee
would voluntarily give up the possession of the property as
allegedly agreed upon. Clearly, since the making of the demand
in March, 1955, the lessee's occupancy of the property has
always been unlawful. Consequently, the accion publiciana, for
recovery of possession of the property instituted on January 28,
1958 was properly filed in the court of first instance.
(Desbarats, et. al versus Laureano, et. al G.R. No. L-21875,
September 27, 1966)
V.
CONCLUSION
Plaintiff executed a contract of lease with the defendant
for a period of one year and has not been renewed thereafter.
Despite verbal and written demands, the defendant refused to
vacate and turnover the property without any legal nor lawful
basis to the prejudice of the plaintiff.
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PRAYER
Wherefore, premises
considered, it is respectfully prayed
to this Honorable Court that, after the proceedings, judgment
be rendered in favor of the plaintiff and order 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 Forty Thousand Pesos (
40,000.00) by way of attorneys fees and filing fees and
Thirty Thousand Pesos ( 30,000.00) by way of other
litigation expenses; and
c. Pay the cost of this suit.
Plaintiff also prays for such other remedies and reliefs as
may be deemed just and equitable under the premises.
April 10, 2016, Cauayan City, Isabela.
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