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Republic of the Philippines

Regional Trial Court


Second Judicial Region
Branch 19
City of Cauayan, Isabela

VILDOMAR T. MARCELO
Plaintiff,
Civil Case No. 19-0001

-versusNIO JOSEPH E. SICUAN


Defendant.

x--------------------------------------------x
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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Isabela where he may be served with summons, order and


other court processes.
II.
STATEMENT OF FACTS
Plaintiff is the owner of a Three Hundred (300) square
meter building erected on a parcel of land specifically covered
by Transfer Certificate of Title No. T-363459 issued by the
Register of Deeds of Isabela and more particularly described,
as follows:
Transfer Certificate of Title No. T-363459
A PARCEL OF LAND OF LOT NO. 2554, Pls517, situated in the Barrio of Disimuray,
Municipality of Cauayan, Province of Isabela, Island
of Luzon. Bounded on the N., along line 1-2 by
Road; on the E., along line 2-3 by Lot 2553; on the
S., along line 3-4 by Lot 2551, both are Pls-517;
from point 4 by Creek; and on the W., along line 4-1
by Lot 2555, Pls-517, containing an area of SEVEN
HUNDRED NINETY-ONE (791) square meters, more
or less.
A copy of the aforesaid title is hereto attached as ANNEX A
and made an integral part hereof.
A contract of lease was agreed upon by the plaintiff and
the defendant for a period of one year or from October 1, 2013
to October 1, 2014 covering the aforementioned property. A
copy of the contract of lease is hereto attached as ANNEX B
and made an integral part hereof.
The lease contract has not been renewed and thus has
already expired more than a year ago. A verbal demand to
vacate the property was made to the defendant; however he
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refused to vacate the said property. On October 31, 2015, a


final demand letter to vacate the property was issued to the
defendant but the defendant refused and failed to turn over
the subject property which deprived the plaintiff from the
enjoyment thereof. A copy of the contract of lease is hereto
attached as ANNEX C and made an integral part hereof.
A complaint was filed by the plaintiff on January 25,
2016 at this Honorable Court.
Defendant alleged in its answer that the Regional Trial
Court has no jurisdiction over the case at bar because it is a
case of unlawful detainer under the exclusive jurisdiction of
the Municipal Trial Court.
Plaintiff firmly holds unto his allegation and specifically
denies the allegation of the defendant as the term of the
contract of lease has already expired more than a year ago and
the complaint was filed more than a year thereafter.
Henceforth, the plaintiff correctly filed his action for recovery
of possession with the Regional Trial Court.
In filing the complaint, the plaintiff incurred damages
consisting of consisting of attorneys fees in the amount of
Forty Thousand Pesos ( 40,000.00) and filing fee, and other
miscellaneous accommodation of his lawyer and other
personal expenses to be incurred in attending the hearings of
this case in the amount of Thirty Thousand Pesos (
30,000.00).
III.
ISSUE
Whether or not the case of recovery of possession is
under the jurisdiction of the MTC or of the RTC.

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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.

ATTY. DYNAVIE S. SIMON


Counsel for Plaintiff
City of Cauayan
Roll of Attorneys No. 1234567
IBP Lifetime No. A-8901234
PTR No. A- 5678901
MCLE No. A-2345678
Simons Law Office
Minante 1, City of Cauayan, Isabela

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