Republic of the Philippines

Metropolitan Trial Court

Quezon City, Manila
Branch______
DYAN ALBA

CIVIL CASE NO. 11111

Plaintiff,

Ejectment

-versusGLENDA MIRANDA,
Defendant.
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POSITION PAPER FOR THE PLAINTIFF
COMES NOW, Plaintiff assisted by the undersigned counsel unto this
Honorable Court most respectfully submits her position paper:
BRIEF STATEMENT OF THE CASE
This is a civil case for EJECTMENT filed by the Plaintiff against the
Defendant for occupying the house and lot owned by the Plaintiff.
FACTS OF THE CASE
Defendant is a lessee of the house and lot owned by the plaintiff and it was
located at No. 9 West Aguila, Green Cross Subdivision, Quezon City, Manila,
Philippines. Copy of the Transfer Certificate Title of the said house and lot is
hereto attached as Annex A.

That on the months of January 1, 2015 to June 30, 2015 the Defendant failed
to pay the rents. Few months before the Defendant asked for extensions for the
payment of rents and Plaintiff gave them chances but it when reached to six
months of unpaid rents the latter compelled the defendant to pay the rents or they
can leave the premises but they failed to do so. Copy of the receipts of the months
of paid rents are hereto attached as Annex B and C.
Defendant alleged that there was payment of the unpaid rents in the form of
the valuable things she gave to the Plaintiff but said things still was not able to
compensate for the six months unpaid rents and the rent per month was Php
25,000.00.
Plaintiff made efforts to settle amicably to the Defendant by filing the case
to the Barangay and to have meetings/dialogues but Defendant failed to attend
such. As a result the plaintiff then sent a Final Demand Letter to the Defendant but
it went unheeded. Copy of the Final Demand Letter is attached hereto as Annex D.
Hence, the Plaintiff filed the case unto this Honorable Court.

ISSUE
Whether or not the Defendant failed to pay the said rents to the house and lot
owned by the Plaintiff.

DISCUSSION AND ARGUMENTS

The Plaintiff has the right to claim such rents from the Defendant since she
was the lawful owner of the house and lot as proved by the Transfer Certificate

Title attached in this Position Paper. There was no showing that the Defendant was
able to fully pay the unpaid rents and was not even able to attend the meetings set
in the Barangay level. Plaintiff in this case was deprived of her rights to obtain the
fruits of her property for non-payment of the Defendant. There maybe payment
made but such is not enough to cover the six months unpaid rents.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this
Honorable Court that a DECISION de issued directing defendants to fully pay the
unpaid rents and vacate the premises.
Plaintiff prays for other relief just and equitable under the premises.
Quezon City, Philippines, August 23, 2016.

Atty. Joenalyn Mae G. Galang

Counsel for the Plaintiff
Rizal Ave., Digos City, Davao del Sur
PTR NO. 2341789 1/25/2016
TIN NO. 111 342 999
IBP NO. 072992 1/28/2016
MCLE Cert. No. J-0217993
Dated January 20, 2016

Copy furnished:
Atty. Ira Santos

Quezon City