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Summary Proceedings

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Complaint
Answer
Reply
Trial Brief
Pre-Trial Brief
Arbitration-Compromise Agreement
Position Paper
Trial/Legal Memorandum

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2.
3.
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5.

For Topics
Sum of Money
Forcible Entry
Unlawful Detainder
Ejectment
Traffic Violation

SUM OF MONEY

REPUBLIC OF THE PHILIPPINES


METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Sum of Money
-versusGLEN BAWE
Defendants.
x-----------------------------------------------------------------------------------------x
COMPLAINT
PLAINTIFF, by counsel and to this Honorable court, respectfully alleges:
1. Plaintiff is of legal age and a resident of Brgy.
Recollectos, Rosario , Batangas. Defendant is of legal age and residing at Brgy. Zone
2, Batangas City.
2. On March 1, 2008, defendant borrowed P180,000 from plaintiff, payable
within one year from said date, with 12% interest per annum, and to secure payment
of such loans, he executed on the same date a real estate mortgage on his residential
lot with an area of 200 sq. m. located at Brgy. Zone 2, Batangas City, and covered by
TCT No. 8909 of the Registry of Deeds of Batangas City, and which is particularly
described as follows:
a. A vacant lot in the east
b. The national highway in the west
c. City road in the south , and
d. Residential houses in the north
Copy of said real estate mortgage is attached hereto and made an integral part
hereof as Annex A.
3. It is the condition of such mortgage that upon failure of defendant to pay his
obligations within the stipulated period and suit is filed to effect payment, defendant
agreed to pay liquidated damages of P10,000 and attorneys fees of P20,000.

4. The one-year period has expired without defendant paying the principal
amount and interests thereon. Accordingly, plaintiff demanded of defendant to pay his
overdue obligations, but notwithstanding such demands, both verbal and written,
defendant refused and continue to refuse to pay the same.
WHEREFORE, plaintiff prays for judgment as follows:
a) Ordering defendant to pay plaintiff his principal obligation of P180,000,
with 12% interest thereon per annum from March 1, 2008, as well as the liquidated
damages of P10,000 and attorneys fees of P20,000 plus costs.
b) Issuing a decree of foreclosure for the sale at public auction of the abovedescribed parcel of land, and for disposition of the proceeds thereof in accordance
with law, upon failure of defendant to pay in full his obligations within the period set
by law.
August 9, 2012 in the City of Batangas.
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2012

VERIFICATION
I, under oath, aver that:
(a) I am the plaintiff in the afore-titled case;
(b) I caused the preparation of the Complaint;
(c) I read it and its contents are true of my own knowledge.

ANNA KARINA ALVA


Affiant

SUBSCRIBED AND SWORN to before me this 7th of day of October, 2009 in


Batangas City, affiant having exhibited to me her Drivers License No. 12345 issued
at Mabini, Batangas on January 10, 2011.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009
CERTIFICATE OF NON-FORUM SHOPPING
Under oath, the undersigned hereby certifies that he has not earlier
commenced a similar action against the defendant for the same cause with any other
court, tribunal or quasi-judicial agency.

ANNA KARINA ALVA


Affiant

SUBSCRIBED AND SWORN to before me this 7th day of October, 2009 in Makati
City, affiant having exhibited to me his Drivers License No. 12345 issued at Mabini,
Batangas on January 10, 2007.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No. 14
Page No. 4
Book No. 7

Series of 2009.

REPUBLIC OF THE PHILIPPINES


METROPOLITAN TRIAL COURT
BRANCH NO. 06

Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Sum of Money
-versusGLEN BAWE
Defendants.
x-------------------------------------------------------------------------------------------x
ANSWER WITH COMPULSORY COUNTERLAIM
COMES NOW, respondent is Glen Bawe, Filipino, of legal age and address at
B71, Lot 86, Imus, Cavite by and through his undersigned counsel, and to this
Honorable Court respectfully states:
(1) That he admits paragraph 1 of the complaint;
(2) That he denies paragraph 2 of the complaint, the truth being that he wanted to
borrow P180,000 pesos and discussed with her the said collateral but the
agreement was never consummated and no monies nor properties were
promised.
(3) That she lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph 3, and 4of the complaint and
therefore, specifically denies the same;
By way of compulsory counterclaim, answering defendant alleges:
(1) That the allegations in paragraph 1 to 3 of the answer are hereby reproduced
and reiterated;
(2) That the filing of the malicious and ground less action by the plaintiff against
answering defendant has caused the latter mental anguish, serious anxiety and
embarrassment and has besmirched reputation for which he should be
compensated by way of moral damages the amount of which, though not
capable of pecuniary estimation would not be less than P5,000.00.
WHEREFORE, premises considered answering defendant respectfully prays to
the Honorable Court render judgment as follows:
(1) By dismissing the complaint against answering defendant;

(2) By ordering plaintiff to pay answering defendant moral damages amounting to


not less than P5000 plus exemplary damages as the Honorable Court may find
reasonable plus attorney's fees of P500 and the costs of suit;

Answering defendant prays for such other and further relief as may be just and
equitable in the premises.
Makati for Manila, Philippines, August 14, 2012.
Atty. Alma Fides Espinosa
Counsel for the Defendant
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2012, Manila
MCLE Compliance No. 10-0610,
Jan,5,2012

Verification/Certification
I, Glen Bawe, Filipino, of legal age and address at B71, Lot 86, Imus, Cavite,
after having been duly sworn to law, depose and say
(1) T hat I am the defendant, counter claimant in above entitled case.
(2) That I have caused the preparation of the foregoing complaint; I have read the
allegations therein and certify that the same are true and correct of my own
personal knowledge.
(3) That I further certify that plaintiff have not commenced any other action
involving the same issues, before the Supreme Court, Court of Appeals or any
division thereof or any division thereof any tribunal or agency; to the best of
my knowledge no such action is pending before Supreme Court, Court of
Appeals or tribunal or agency and,
(4) That in the event that any action involving the same should be made known, I
hereby bind myself to report the same within five days from knowledge
thereof to this Honorable Court.
Witness Whereof, I hereunto set my hand this 25th day of August 2012
at Makati, Philippines.
Glen Bawe
Defendant-Counter
Claimant

SUBSCRIBED AND SWORN to before me this 10th day of August at


Makati City, defendant Counter-Claimant having exhibited to me he CTC 123456
issued on July 25, 1970 at Makati City.
ATTY. RENE C. CRUZ, JR.
Notary Public
Until December 31, 2008
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No.:
Page No.:
Book No.:
Series of 1970:
Copy furnished:
Atty. Alma Fides Espinosa
Counsel for the Plaintiff

Republic of the Philippines)


City of Batangas) Sc.
REPLY AFFIDAVIT

I,
ANNA
KARINA
ALVA,
Brgy.
Recollectos, Rosario , Batangas. Defendant is of legal age and residing at Brgy. Zone
2, Batangas City.
1. That I am reiterating my allegation in my affidavit that last October 08, 2012
GLEN BAWE borrowed money at the amount of P180,000 and has not
returned the money since.
2. That even with verbal and written demands, the money has not been paid to
me by the respondent.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 10th day of
November 2009, in Batangasi City.
ANNA KATRINA ALVAREZ
Affiant
SUBSCRIBED AND SWORN to before me this 10th day of November 2009. I
hereby certify that I have personally examined the affiant and I am satisfied that
he voluntarily executed and understood her reply affidavit.
Agapito B. Rosales
City Prosecutor

REPUBLIC OF THE PHILIPPINES


METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City

ANNA KARINA ALVA


Plaintiff,
Civil Case No. 19300
For: Sum of Money
-versusGLEN BAWE
Defendants.

x--------------------------------------------------------------------------------------------x
DECISION BASED ON COMPROMISE AGREEMENT
Plaintiff ANNA KARINA ALVA, filed this case against defendant GLEN BAWE for
sum of money in the amount of One hundred and Eighty Thousand Pesos( Php
180,000.00) as principal obligation which became due and demandable.
The parties however reached an amicable settlement and submitted to the court a
compromise agreement, the terms and conditions are as follows:
COMPROMISE AGREEMENT
Comes Now, the parties ANNA KARINA ALVA and defendant GLEN BAWE and
unto this Honorable Court respectfully submit this Compromise Agreement.
a. Defendant acknowledges that he is obligated to the plaintiffs for a total
amount of One hundred twenty Thousand Pesos (Php 120,000)
b. Defendant promises and undertakes to pay the aforementioned amount to the
plaintiff in monthly instalments of Php 10,000 for the Eighteen months on the
30th month and every month thereafter until fully paid;
c. Said monthly instalment payments shall start on October 30, 2012 and every
end of the month thereafter until fully paid and shall be deposited in the name
of the plaintiffs with Account No. 943491312466, China Bank, San Pablo City
Branch until full payment and in accordance with the following schedules;
October 30, 2012
November 30, 2012
December 30, 2012
January 30, 2013
February 28, 2013
March 30, 2013
April 30, 2013
May 30, 2013
June 30. 2013

10,000
10,000
10,000
10,000
10,000
10,000
10,000
10,000
10,000

July 30, 2013


August 30, 2013

10,000
10,000

d. That if defendant fails to comply with one (1) instalment, the obligation shall
become due and demandable
e. That upon full compliance of defendant with the abovecited terms, plaintiff
Anna Alvarez will deliver to defendant Glendale Bawe all the checks subject
of this case issued in their name as well as other related legal documents
signed by the latter in the plaintiffs possession.
f. The parties agree that the approval of this agreement by the court shall put an
end to this litigation, except for the purposes of execution in case of default.
WHEREFORE, premises considered, the parties respectfully pray that the
Honorable Court approve this Compromise Agreement and render judgment on
the basis thereof.
San Pablo City, September 25, 2012.

ANNA KARINA ALVA


Plaintiff

GLEN BAWE
Defendant

SUBSCRIBED AND SWORN to before me this 7th of day of October, 2009 in


Batangas City, affiant having exhibited to me her Drivers License No. 12345 issued
at Mabini, Batangas on January 10, 2011.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009
REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA

Plaintiff,
Civil Case No. 19300
For: Sum of Money
-versusGLEN BAWE
Defendants.
x--------------------------------------------------------------------------------------------x
POSITION PAPER FOR THE PLAINTIFF
PLAINTIFF, by counsel and unto this Honorable Office, most respectfully
submit this Position Paper and state:
PARTIES
Plaintiff is of legal age and a resident of Brgy. Recollectos, Rosario ,
Batangas. Defendant is of legal age and residing at Brgy. Zone 2, Batangas City.
Defendant is Glen Bawe, Filipino, of legal age and address at B71, Lot 86,
Imus, Cavite

STATEMENT OF THE CASE


This is an action for sum of money files by complainant, ANNA
KARINA ALVA against the respondent Glen Bawe. Complainant is asking of
P180,000, One hundred eighty thousand due to her from the loan she gave Glen Bawe
supposedly based on collateral on a residential lot located at payable within one year
from said date, with 12% interest per annum, and to secure payment of such loans, he
executed on the same date a real estate mortgage on his residential lot with an area of
200 sq. m. located at Brgy. Zone 2, Batangas City, and covered by TCT No. 8909 of
the Registry of Deeds of Batangas City, and which is particularly described as
follows:
a. A vacant lot in the east
b. The national highway in the west
c. City road in the south , and
d. Residential houses in the north
Copy of said real estate mortgage is attached hereto and made an integral part
hereof as Annex A.

But since March 1, 2008, with verbal and letter requests, hereon attached on
Annex E defendant has been deaf to the pleas of the plaintiff and is now requesting
this honorable court for remedy and to address the wrong done agains the plaintiff by
the defendant.
DISCUSSION
The plaintiff humbly submit that there is just cause for the action and that
defendant must pay up to uphold the rule of law.
RELIEF
WHEREFORE, plaintiff prays for judgment as follows:
a) Ordering defendant to pay plaintiff his principal obligation of P180,000,
with 12% interest thereon per annum from March 1, 2008, as well as the liquidated
damages of P10,000 and attorneys fees of P20,000 plus costs.
b) Issuing a decree of foreclosure for the sale at public auction of the abovedescribed parcel of land, and for disposition of the proceeds thereof in accordance
with law, upon failure of defendant to pay in full his obligations within the period set
by law.
August 9, 2012 in the City of Batangas.
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2012

VERIFICATION
I, under oath, aver that:
(a) I am the plaintiff in the afore-titled case;
(b) I caused the preparation of the Complaint;
(c) I read it and its contents are true of my own knowledge.

ANNA KARINA ALVA


Affiant
SUBSCRIBED AND SWORN to before me this 7th of day of October, 2009 in
Batangas City, affiant having exhibited to me her Drivers License No. 12345 issued
at Mabini, Batangas on January 10, 2011.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009
CERTIFICATE OF NON-FORUM SHOPPING
Under oath, the undersigned hereby certifies that he has not earlier
commenced a similar action against the defendant for the same cause with any other
court, tribunal or quasi-judicial agency.

ANNA KARINA ALVA


Affiant

SUBSCRIBED AND SWORN to before me this 7th day of October, 2009 in Makati
City, affiant having exhibited to me his Drivers License No. 12345 issued at Mabini,
Batangas on January 10, 2007.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.

ROA 98765
Doc. No. 14
Page No. 4
Book No. 7
Series of 2009.

REPUBLIC OF THE PHILIPPINES


METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Sum of Money
-versusGLEN BAWE
Defendants.
x--------------------------------------------------------------------------------------------x

POSITION PAPER FOR THE DEFENDANT


COMES NOW, respondent is Glen Bawe, Filipino, of legal age and address at B71,
Lot 86, Imus, Cavite by and through his undersigned counsel, and to this Honorable
Court respectfully states that there is no cause for the complaint as there was no actual
monies give by the plaintiff and that the position of the complainant is completely
groundless and malicious and there is no just cause for the action and should be
summarily dismissed.
PARTIES
Plaintiff is of legal age and a resident of Brgy. Recollectos, Rosario ,
Batangas. Defendant is of legal age and residing at Brgy. Zone 2, Batangas City.
Defendant is Glen Bawe, Filipino, of legal age and address at B71, Lot 86,
Imus, Cavite

STATEMENT OF THE CASE


This is an action for sum of money files by complainant, ANNA
KARINA ALVA against the respondent Glen Bawe. Complainant is asking of
P180,000, One hundred eighty thousand due to her from the loan she gave Glen Bawe
supposedly based on collateral on a residential lot located at payable within one year
from said date, with 12% interest per annum, and to secure payment of such loans, he
executed on the same date a real estate mortgage on his residential lot with an area of
200 sq. m. located at Brgy. Zone 2, Batangas City, and covered by TCT No. 8909 of
the Registry of Deeds of Batangas City, and which is particularly described as
follows:
a. A vacant lot in the east
b. The national highway in the west
c. City road in the south , and
d. Residential houses in the north
Copy of said real estate mortgage is attached hereto and made an integral part
hereof as Annex A.
But since March 1, 2008, with verbal and letter requests, hereon attached on
Annex E defendant has been deaf to the pleas of the plaintiff and is now requesting
this honorable court for remedy and to address the wrong done agains the plaintiff by
the defendant.
DISCUSSION

The Respondent humbly submit that there is no just cause for the action and
that defendant must pay up to uphold the rule of law. Simply because there was no
such transaction that took place and respondent should be free and clear of any wrong
doing that plaintiff may impute.
RELIEF
WHEREFORE, respondent prays for judgment as follows:
a) Ordering respondent to pay plaintiff P180,000, for moral damages and
metal anguish wrought by the plaintiff.
b) Dismiss the complaint outright
August 16, 2012 in the City of Batangas.
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2012

VERIFICATION
I, under oath, aver that:
(a) I am the plaintiff in the afore-titled case;
(b) I caused the preparation of the Complaint;
(c) I read it and its contents are true of my own knowledge.

ANNA KARINA ALVA


Affiant
SUBSCRIBED AND SWORN to before me this 7th of day of October, 2009 in
Batangas City, affiant having exhibited to me her Drivers License No. 12345 issued
at Mabini, Batangas on January 10, 2011.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009
CERTIFICATE OF NON-FORUM SHOPPING
Under oath, the undersigned hereby certifies that he has not earlier
commenced a similar action against the defendant for the same cause with any other
court, tribunal or quasi-judicial agency.

ANNA KARINA ALVA


Affiant

SUBSCRIBED AND SWORN to before me this 7th day of October, 2009 in Makati
City, affiant having exhibited to me his Drivers License No. 12345 issued at Mabini,
Batangas on January 10, 2007.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No. 14
Page No. 4
Book No. 7
Series of 2009.

REPUBLIC OF THE PHILIPPINES


METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Sum of Money
-versusGLEN BAWE
Defendants.
x--------------------------------------------------------------------------------------------x
MEMORANDUM PLAINTIFF
Through the undersigned counsel, unto this Honorable Supreme Court most
respectfully submit and present this Memorandum in the above titled case and aver
that:
THE PARTIES
Plaintiff respondent is Anna Karina Alva, of legal age and presently living in Rosario
Batangas

Respondent is Glen Bawe, of legal age and presently living in Imus, Cavite
PROCEDURAL BACKGROUND
Sometime on October 2008, plaintiff gave respondent a loan of P180,000 pesos in
which respondent has not returned since even after numerous requests both verbal and
written to the respondent to no avail.
ISSUES OF THE CASE
I. Whether or not plaintiff has just cause for this action
ARGUMENTS
I. The court must uphold the rule of law and compel respondent to return the money
asked for with damages
DISCUSSION
There is no doubt that Plaintiff has just cause with the case with all the facts given and
evidence presented. Respondent should be compelled to return the money owed to
her by the plaintiff.

PRAYER
Wherefore, it is prayed that after due notice and hearing, a judgment be
rendered ordering:
1. The defendant and all persons claiming right under him to return the
money owed.
2. The defendant to pay the plaintiff the due since May 1, 2009 until the
former shall have actually vacated said house;
3. The defendant to indemnify the plaintiff for P15,000, as attorneys fees,
and for costs of suit and the expenses of litigation.
Plaintiff further prays for such reliefs as may be just and equitable in the
premises.

Municipality of Rosario, October 1, 2009.

Atty. Alma Fides Espinosa


Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2009
VERIFICATION
I, under oath, aver that: (a) I am the plaintiff in the afore-titled case; (b) I caused the
preparation of the Complaint; (c) I read it and its contents are true of my own
knowledge.
Glendale Balete
Affiant
SUBSCRIBED AND SWORN to before me this 1st day of October, 2009 in Rosario,
Batangas, affiant having exhibited to me his Drivers License No. 12345 issued at
Paranaque City on January 10, 2007.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2008
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765

Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.

REPUBLIC OF THE PHILIPPINES


METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Sum of Money
-versusGLEN BAWE
Defendants.
x--------------------------------------------------------------------------------------------x
MEMORANDUM OF DEFENDANT
Through the undersigned counsel, unto this Honorable Supreme Court most
respectfully submit and present this Memorandum in the above titled case and aver
that:
THE PARTIES
Plaintiff respondent is Anna Karina Alva, of legal age and presently living in Rosario
Batangas
Respondent is Glen Bawe, of legal age and presently living in Imus, Cavite
PROCEDURAL BACKGROUND

Sometime on October 2008, RESPONDENT have no idea of the load supposedly


given to him and therefore has not responded with the numerous request by the
plaintiff
ISSUES OF THE CASE
I. Whether or not plaintiff has just cause for this action
ARGUMENTS
I. The court must uphold the rule of law and compel plaintiff to stop and desist the
action which has no factual and legal basis.
DISCUSSION
There is no doubt that Plaintiff has no cause with the case with all the facts given and
evidence presented. Respondent should not be compelled to return the money
allegedly owed to her by the plaintiff.

WHEREFORE, premises considered answering defendant respectfully prays to


the Honorable Court render judgment as follows:
(3) By dismissing the complaint against answering defendant;
(4) By ordering plaintiff to pay answering defendant moral damages amounting to
not less than P5000 plus exemplary damages as the Honorable Court may find
reasonable plus attorney's fees of P500 and the costs of suit;

Answering defendant prays for such other and further relief as may be just and
equitable in the premises.
Makati for Manila, Philippines, August 14, 2012.
Atty. Alma Fides Espinosa
Counsel for the Defendant
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2012, Manila
MCLE Compliance No. 10-0610,
Jan,5,2012

Verification/Certification
I, Glen Bawe, Filipino, of legal age and address at B71, Lot 86, Imus, Cavite,
after having been duly sworn to law, depose and say
(5) T hat I am the defendant, counter claimant in above entitled case.
(6) That I have caused the preparation of the foregoing complaint; I have read the
allegations therein and certify that the same are true and correct of my own
personal knowledge.
(7) That I further certify that plaintiff have not commenced any other action
involving the same issues, before the Supreme Court, Court of Appeals or any
division thereof or any division thereof any tribunal or agency; to the best of
my knowledge no such action is pending before Supreme Court, Court of
Appeals or tribunal or agency and,
(8) That in the event that any action involving the same should be made known, I
hereby bind myself to report the same within five days from knowledge
thereof to this Honorable Court.
Witness Whereof, I hereunto set my hand this 25th day of August 2012
at Makati, Philippines.
Glen Bawe
Defendant-Counter
Claimant
SUBSCRIBED AND SWORN to before me this 10th day of August at
Makati City, defendant Counter-Claimant having exhibited to me he CTC 123456
issued on July 25, 1970 at Makati City.
ATTY. RENE C. CRUZ, JR.
Notary Public
Until December 31, 2008
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No.:
Page No.:
Book No.:
Series of 1970:
Copy furnished:
Atty. Alma Fides Espinosa
Counsel for the Plaintiff

FORCIBLE ENTRY
REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Forcible Entry
-versusGLEN BAWE
Defendants.
x-----------------------------------------------------------------------------------------x
COMPLAINT
PLAINTIFF, by counsel and to this Honorable court, respectfully alleges:
1.

Plaintiff is of legal age and a resident of Brgy.


Recollectos, Rosario , Batangas. Defendant is of legal age and
residing at Brgy. Zone 2, Batangas City.

2.

She is the owner of a house and lot in 22 Tondo st., Bgy Sitio,
Rosario Batangas.

3.

On or about January 20, 2009, defendants, by means of force


strategy, and stealth, unlawfully entered said parcel of land and
ejected plaintiffs encargado, for and on plaintiffs behalf, and
prevented him from entering the parcel of land by force.

4.

Since the date of above mentioned, defendants have remained in


illegal possession of the parcel of land and have built temporary

shelters therein and up to the present still retain such possession


thereof even after written demands to vacate the land was given on
January 21, 2011.
5.

The reasonable rental value of the said house and lot is P10,000 a
month and the damage done to the property due to their illegal
possession has contributed to making the property undesirable to
those who may want to lease it legally.

6.

On January 22, 2011, he has filed a complaint with the local


Barangay, but efforts of the latter provided futile, as defendants
adamantly refused to vacate the premises, constraining the Barangay
council to issue a certificate to file the instant complaints copy of
which certificate is attached hereto as Annex A.
PRAYER

Wherefore, it is prayed that after due notice and hearing, a judgment be


rendered ordering:
1. The defendant and all persons claiming right under him to vacate the house
22 Tondo St., Bgy Sitio, Rosario, Batangas
2. The defendant to pay the plaintiff the rentals due since May 1, 2009 until
the former shall have actually vacated said house;
3. The defendant to indemnify the plaintiff for P15,000, as attorneys fees,
and for costs of suit and the expenses of litigation.
Plaintiff further prays for such reliefs as may be just and equitable in the
premises.

Municipality of Rosario, October 1, 2009.


Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2009

VERIFICATION
I, under oath, aver that: (a) I am the plaintiff in the afore-titled case; (b) I caused the
preparation of the Complaint; (c) I read it and its contents are true of my own
knowledge.
Glendale Balete
Affiant
SUBSCRIBED AND SWORN to before me this 1st day of October, 2009 in Rosario,
Batangas, affiant having exhibited to me his Drivers License No. 12345 issued at
Paranaque City on January 10, 2007.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2008
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765

Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.

REPUBLIC OF THE PHILIPPINES


METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Forcible Entry
-versusGLEN BAWE
Defendants.
x-------------------------------------------------------------------------------------------x
ANSWER WITH COMPULSORY COUNTERLAIM
COMES NOW, respondent is Glen Bawe, Filipino, of legal age and address at
B71, Lot 86, Imus, Cavite by and through his undersigned counsel, and to this
Honorable Court respectfully states:
1) That he admits paragraph 1 of the complaint;
2) That he has been of the rightful possession of the said property located
at 22 Tondo St., Bgy Sitio, Rosario, Batangas
3) He has had no knowledge that the actual property is owned by
someone else and has been paying a certain dodong monthly rentals
amounting to P4,000 for the use of the said house and lot.
4) He has no knowledge of said owner until plaintiff has made claims ont
the property.

WHEREFORE, premises considered answering defendant respectfully prays to


the Honorable Court render judgment as follows:

1. By dismissing the complaint against answering defendant;


2. By ordering plaintiff to pay answering defendant moral
damages amounting to not less than P5000 plus exemplary
damages as the Honorable Court may find reasonable plus
attorney's fees of P500 and the costs of suit;

Answering defendant prays for such other and further relief as may be just and
equitable in the premises.
Makati for Manila, Philippines, August 14, 2012.
Atty. Alma Fides Espinosa
Counsel for the Defendant
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2012, Manila
MCLE Compliance No. 10-0610,
Jan,5,2012

Verification/Certification
I, Glen Bawe, Filipino, of legal age and address at B71, Lot 86, Imus, Cavite,
after having been duly sworn to law, depose and say
(1) T hat I am the defendant, counter claimant in above entitled case.
(2) That I have caused the preparation of the foregoing complaint; I have read the
allegations therein and certify that the same are true and correct of my own
personal knowledge.
(3) That I further certify that plaintiff have not commenced any other action
involving the same issues, before the Supreme Court, Court of Appeals or any
division thereof or any division thereof any tribunal or agency; to the best of
my knowledge no such action is pending before Supreme Court, Court of
Appeals or tribunal or agency and,
(4) That in the event that any action involving the same should be made known, I
hereby bind myself to report the same within five days from knowledge
thereof to this Honorable Court.
Witness Whereof, I hereunto set my hand this 25th day of August 2012
at Makati, Philippines.
Glen Bawe

Defendant-Counter
Claimant
SUBSCRIBED AND SWORN to before me this 10th day of August at
Makati City, defendant Counter-Claimant having exhibited to me he CTC 123456
issued on July 25, 2012 at Makati City.
ATTY. RENE C. CRUZ, JR.
Notary Public
Until December 31, 2008
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No.:
Page No.:
Book No.:
Series of 1970:
Copy furnished:
Atty. Alma Fides Espinosa
Counsel for the Plaintiff

REPUBLIC OF THE PHILIPPINES


METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Forcible Entry
-versusGLEN BAWE
Defendants.
x----------------------------------------------------------------------------------------REPLY AFFIDAVIT
I,
ANNA
KARINA
ALVA,
Brgy.
Recollectos, Rosario , Batangas. Defendant is of legal age and residing at Brgy. Zone
2, Batangas City.
1. That I am reiterating my allegation in my affidavit that last October 08, 2012
GLEN BAWE has been by means of force strategy, and stealth, unlawfully
entered said parcel of house and land and ejected plaintiffs encargado, for
and on plaintiffs behalf, and prevented him from entering the parcel of land
by force.
2. That even with verbal and written demands, the have not vacated said property
has not been paid to me by the respondent.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 10th day of
November 2009, in Batangas City.
ANNA KARINA ALVA
Affiant
SUBSCRIBED AND SWORN to before me this 10th day of November 2009. I
hereby certify that I have personally examined the affiant and I am satisfied that
he voluntarily executed and understood her reply affidavit.
Agapito B. Rosales

City Prosecutor
REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Forcible Entry
-versusGLEN BAWE
Defendants.

x--------------------------------------------------------------------------------------------x
DECISION BASED ON COMPROMISE AGREEMENT
Plaintiff ANNA KARINA ALVA, filed this case against defendant GLEN BAWE for
sum of money in the amount of One hundred Thousand Pesos( Php 100,000.00) as
principal obligation which became due and demandable due to the possession of a
house and lot located at Rosario Batangas
The parties however reached an amicable settlement and submitted to the court a
compromise agreement, the terms and conditions are as follows:
COMPROMISE AGREEMENT
Comes Now, the parties ANNA KARINA ALVA and defendant GLEN BAWE and
unto this Honorable Court respectfully submit this Compromise Agreement.
a. Defendant acknowledges that he is obligated to the plaintiffs for a total
amount of One hundred Thousand Pesos (Php 100,000) as arrears
b. Defendant promises and undertakes to pay the aforementioned amount to the
plaintiff in monthly instalments of Php 10,000 for the Eighteen months on the
30th month and every month thereafter until fully paid plus existing monthly
rentals.
c. Said monthly instalment payments shall start on October 30, 2012 and every
end of the month thereafter until fully paid and shall be deposited in the name
of the plaintiffs with Account No. 943491312466, China Bank, San Pablo City
Branch until full payment and in accordance with law;

d. That if defendant fails to comply with one (1) instalment, the obligation shall
become due and demandable
e. That upon full compliance of defendant with the abovecited terms, plaintiff
Anna Alvarez will deliver to defendant Glendale Bawe all the checks subject
of this case issued in their name as well as other related legal documents
signed by the latter in the plaintiffs possession.
f. The parties agree that the approval of this agreement by the court shall put an
end to this litigation, except for the purposes of execution in case of default.
WHEREFORE, premises considered, the parties respectfully pray that the
Honorable Court approve this Compromise Agreement and render judgment on
the basis thereof.
San Pablo City, September 25, 2012.

ANNA KARINA ALVA


Plaintiff

GLEN BAWE
Defendant

SUBSCRIBED AND SWORN to before me this 7th of day of October, 2012 in


Batangas City, affiant having exhibited to me her Drivers License No. 12345 issued
at Mabini, Batangas on January 10, 2011.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009

REPUBLIC OF THE PHILIPPINES


METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Forcible Entry
-versusGLEN BAWE
Defendants.
x--------------------------------------------------------------------------------------------x
POSITION PAPER FOR THE PLAINTIFF
PLAINTIFF, by counsel and unto this Honorable Office, most respectfully
submit this Position Paper and state:
PARTIES
Plaintiff is of legal age and a resident of Brgy. Recollectos, Rosario ,
Batangas. Defendant is of legal age and residing at Brgy. Zone 2, Batangas City.
Defendant is Glen Bawe, Filipino, of legal age and address 22 Tondo st., Bgy
Sitio, Rosario Batangas.

STATEMENT OF THE CASE


This is an action for forcible entry filed by complainant, ANNA
KARINA ALVA against the respondent Glen Bawe. Complainant is asking of
P100,000, One hundred thousand due to her from back rentals due to the illegal
possession of her property
But since March 1, 2008, with verbal and letter requests, hereon attached on
Annex E defendant has been deaf to the pleas of the plaintiff and is now requesting
this honorable court for remedy and to address the wrong done agains the plaintiff by
the defendant.

DISCUSSION
The plaintiff humbly submit that there is just cause for the action and that
defendant must pay up to uphold the rule of law.
RELIEF
WHEREFORE, plaintiff prays for judgment as follows:
a) Ordering defendant to pay plaintiff his principal obligation of P100,000,
with 12% interest thereon per annum from March 1, 2008, as well as the liquidated
damages of P10,000 and attorneys fees of P20,000 plus costs.
August 9, 2012 in the City of Batangas.
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2012

VERIFICATION
I, under oath, aver that:
(a) I am the plaintiff in the afore-titled case;
(b) I caused the preparation of the Complaint;
(c) I read it and its contents are true of my own knowledge.

ANNA KARINA ALVA


Affiant
SUBSCRIBED AND SWORN to before me this 7th of day of October, 2009 in
Batangas City, affiant having exhibited to me her Drivers License No. 12345 issued
at Mabini, Batangas on January 10, 2011.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009
CERTIFICATE OF NON-FORUM SHOPPING
Under oath, the undersigned hereby certifies that he has not earlier
commenced a similar action against the defendant for the same cause with any other
court, tribunal or quasi-judicial agency.

ANNA KARINA ALVA


Affiant
SUBSCRIBED AND SWORN to before me this 7th day of October, 2009 in Makati
City, affiant having exhibited to me his Drivers License No. 12345 issued at Mabini,
Batangas on January 10, 2007.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No. 14
Page No. 4
Book No. 7
Series of 2009.
REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City

ANNA KARINA ALVA


Plaintiff,
Civil Case No. 19300
For: Forcible Entry
-versusGLEN BAWE
Defendants.
x--------------------------------------------------------------------------------------------x
POSITION PAPER FOR THE DEFENDANT
PLAINTIFF, by counsel and unto this Honorable Office, most respectfully
submit this Position Paper and state:
PARTIES
Plaintiff is of legal age and a resident of Brgy. Recollectos, Rosario ,
Batangas. Defendant is of legal age and residing at Brgy. Zone 2, Batangas City.
Defendant is Glen Bawe, Filipino, of legal age and address 22 Tondo st., Bgy
Sitio, Rosario Batangas.
STATEMENT OF THE CASE
This is an action for forcible entry filed by complainant, ANNA
KARINA ALVA against the respondent Glen Bawe. Complainant is asking of
P100,000, One hundred thousand due to her from back rentals due to the illegal
possession of her property
But since March 1, 2008, with verbal and letter requests, hereon attached on
Annex E defendant has been deaf to the pleas of the plaintiff and is now requesting
this honorable court for remedy and to address the wrong done agains the plaintiff by
the defendant.
DISCUSSION
The RESPONDENT humbly submit that there is no just cause for the action
and that plaintiffs claims are without merit and should be dismissed outright since
there has been no real stipulation of facts that would support the contention of the
plaintiff.
RELIEF

WHEREFORE, respondent prays for judgment as follows:


a) To dismiss outright the claim of the plaintiff for lack of merit.
b) To pay respondent P100,000 for moral damages due to the mental anguish
cause by such complaint plus attorneys fees.
August 12, 2012 in the City of Batangas.
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2012

VERIFICATION
I, under oath, aver that:
(a) I am the plaintiff in the afore-titled case;
(b) I caused the preparation of the Complaint;
(c) I read it and its contents are true of my own knowledge.

ANNA KARINA ALVA


Affiant
SUBSCRIBED AND SWORN to before me this 7th of day of October, 2009 in
Batangas City, affiant having exhibited to me her Drivers License No. 12345 issued
at Mabini, Batangas on January 10, 2011.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.

IBP No. 6789 1/2/07 Mla.


ROA 98765
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009
CERTIFICATE OF NON-FORUM SHOPPING
Under oath, the undersigned hereby certifies that he has not earlier
commenced a similar action against the defendant for the same cause with any other
court, tribunal or quasi-judicial agency.

ANNA KARINA ALVA


Affiant

SUBSCRIBED AND SWORN to before me this 7th day of October, 2009 in Makati
City, affiant having exhibited to me his Drivers License No. 12345 issued at Mabini,
Batangas on January 10, 2007.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No. 14
Page No. 4
Book No. 7
Series of 2009.
METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,

Civil Case No. 19300


For: Forcible Entry
-versusGLEN BAWE
Defendants.
x--------------------------------------------------------------------------------------------x
MEMORANDUM PLAINTIFF
Through the undersigned counsel, unto this Honorable Supreme Court most
respectfully submit and present this Memorandum in the above titled case and aver
that:
THE PARTIES
Plaintiff respondent is Anna Karina Alva, of legal age and presently living in Rosario
Batangas
Defendant is Glen Bawe, Filipino, of legal age and address 22 Tondo st., Bgy Sitio,
Rosario Batangas.
PROCEDURAL BACKGROUND
Sometime on October 2008, plaintiff found that respondent has been by means of
force strategy, and stealth, unlawfully entered said parcel of house and land and
ejected plaintiffs encargado, for and on plaintiffs behalf, and prevented him from
entering the parcel of land by force.
ISSUES OF THE CASE
I. Whether or not plaintiff has just cause for this action

ARGUMENTS
I. The court must uphold the rule of law and compel respondent to either vacate the
premises or pay rentals and arrears.
DISCUSSION
There is no doubt that Plaintiff has just cause with the case with all the facts given and
evidence presented. Respondent should be compelled to vacate or pay rentals

PRAYER
Wherefore, it is prayed that after due notice and hearing, a judgment be
rendered ordering:
1. The defendant and all persons claiming right under him to return the
possession of the property .
2. The defendant to pay the plaintiff the due since May 1, 2009 until the
former shall have actually vacated said house;
3. The defendant to indemnify the plaintiff for P15,000, as attorneys fees,
and for costs of suit and the expenses of litigation.
Plaintiff further prays for such reliefs as may be just and equitable in the
premises.

Municipality of Rosario, October 1, 2009.


Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2009
VERIFICATION
I, under oath, aver that: (a) I am the plaintiff in the afore-titled case; (b) I caused the
preparation of the Complaint; (c) I read it and its contents are true of my own
knowledge.
Glendale Balete
Affiant
SUBSCRIBED AND SWORN to before me this 1st day of October, 2009 in Rosario,
Batangas, affiant having exhibited to me his Drivers License No. 12345 issued at
Paranaque City on January 10, 2007.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2008
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765

Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.

METROPOLITAN TRIAL COURT


BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Forcible Entry
-versusGLEN BAWE
Defendants.
x--------------------------------------------------------------------------------------------x

MEMORANDUM DEFENDANT
Through the undersigned counsel, unto this Honorable Supreme Court most
respectfully submit and present this Memorandum in the above titled case and aver
that:
THE PARTIES
Plaintiff respondent is Anna Karina Alva, of legal age and presently living in Rosario
Batangas
Defendant is Glen Bawe, Filipino, of legal age and address 22 Tondo st., Bgy Sitio,
Rosario Batangas.
PROCEDURAL BACKGROUND
Sometime on October 2008, plaintiff found that respondent has been by means of
force strategy, and stealth, unlawfully entered said parcel of house and land and
ejected plaintiffs encargado, for and on plaintiffs behalf, and prevented him from
entering the parcel of land by force.
ISSUES OF THE CASE
I. Whether or not PLAINTIFF has just cause for this action

ARGUMENTS
I. The court must uphold the rule of law and compel PLAINTIFF to dismiss the case
outright for lack of merit and facts to support its claim.
DISCUSSION
There is no doubt that Plaintiff has just cause with the case with all the facts given and
evidence presented. Respondent should be compelled to vacate or pay rentals

PRAYER
Wherefore, it is prayed that after due notice and hearing, a judgment be
rendered ordering:
1. The PLAINTIFF to desist in the baseless claim of forcible entry

2. The PLAINTIFF to pay the DEFENDANT to damages and expenses of


litigation.
Defendant further prays for such reliefs as may be just and equitable in the
premises.
Municipality of Rosario, October 1, 2009.
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2009
VERIFICATION
I, under oath, aver that: (a) I am the plaintiff in the afore-titled case; (b) I caused the
preparation of the Complaint; (c) I read it and its contents are true of my own
knowledge.
Glendale Balete
Affiant
SUBSCRIBED AND SWORN to before me this 1st day of October, 2009 in Rosario,
Batangas, affiant having exhibited to me his Drivers License No. 12345 issued at
Paranaque City on January 10, 2007.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2008
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765

Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.

UNLAWFUL DETAINER
REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Unlawful Detainer
-versusGLEN BAWE
Defendants.
x---------------------------------------------------------------------------------------------x
COMPLAINT
Plaintiff avers that:
(1) He is of legal age and a resident Rosario Batangas;
(2) Last October 1, 2008, he leased to the defendant the house Lot 34 Bgy Sitio
Rosario Batangas;
(3) The stipulated lease is P150,000 payable by the end of 2010;
(4) The defendant failed to pay at August 16, 2010;
(5) Last September 1, 2010, he demanded that the defendant vacate the said
house; however, the latter has refused;
6. He had to engage the services of counsel for which he agreed to pay
P15,000 for attorneys fees.

PRAYER
Wherefore, it is prayed that after due notice and hearing, a judgment be
rendered ordering:
1. The defendant and all persons claiming right under him to vacate the house
at Rosario Batangas

2. The defendant to pay the plaintiff the rentals due since May 1, 2010 until
the former shall have actually vacated said house;
3. The defendant to indemnify the plaintiff for P15,000, as attorneys fees,
and for costs of suit and the expenses of litigation.
Plaintiff further prays for such reliefs as may be just and equitable in the
premises.

City of Batangas, October 1, 2010.


Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009,
Manila
MCLE Compliance No. 10-0610,
Jan,5,2009
VERIFICATION
I, under oath, aver that: (a) I am the plaintiff in the afore-titled case; (b) I caused the
preparation of the Complaint; (c) I read it and its contents are true of my own
knowledge.
Glendale Balete
Affiant
SUBSCRIBED AND SWORN to before me this 1st day of October, 2009 in Makati
City, affiant having exhibited to me his Drivers License No. 12345 issued at
Paranaque City on January 10, 2007.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2008
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765

Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.

REPUBLIC OF THE PHILIPPINES


METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Unlawful Detainer
-versusGLEN BAWE
Defendants.
x---------------------------------------------------------------------------------------------x
ANSWER
Respondent avers that:
(1) He is of legal age and a resident Lot 34, Bgy Sitio, Rosario Batangas

(2) He absolutely no knowledge of plaintiffs allegation with regard to rentals


paid and alleging that plaintiff is the owner thereof of where the defendant
lives;
(3) The stipulated rental lease is P5,000 payable by the end of every month and
has been paying religiously with attached receipts as Annex G
(4) He has no other knowledge and does not acknowledge none of the plaintiffs
allegation.

PRAYER
Wherefore, it is prayed that after due notice and hearing, a judgment be
rendered ordering:
1. The plaintiff and all persons claiming right under him to leave him in quiet
possession of said propety
2. The plaintiff to indemnify the plaintiff for P15,000, as attorneys fees, and
for costs of suit and the expenses of litigation.
Plaintiff further prays for such reliefs as may be just and equitable in the
premises.

City of Batangas, October 1, 2009.


Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009,
Manila
MCLE Compliance No. 10-0610,
Jan,5,2009
VERIFICATION
I, under oath, aver that: (a) I am the plaintiff in the afore-titled case; (b) I caused the
preparation of the Complaint; (c) I read it and its contents are true of my own
knowledge.

Glendale Balete
Affiant
SUBSCRIBED AND SWORN to before me this 1st day of October, 2009 in Makati
City, affiant having exhibited to me his Drivers License No. 12345 issued at
Paranaque City on January 10, 2007.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2008
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765

Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.

Republic of the Philippines)


City of Batangas) Sc.
REPLY AFFIDAVIT
I,
ANNA
KARINA
ALVA,
Brgy.
Recollectos, Rosario , Batangas. Defendant is of legal age and residing at Brgy. Zone
2, Batangas City.
1. That I am reiterating my allegation in my affidavit that last October 01, 2009
against GLEN BAWE, the respondent.
2. That even with verbal and written demands, the money has not been paid to
me by the respondent.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 10th day of
March 2010, in Batangas City.
ANNA KATRINA ALVAREZ
Affiant

SUBSCRIBED AND SWORN to before me this 10th day of November 2009. I


hereby certify that I have personally examined the affiant and I am satisfied that
he voluntarily executed and understood her reply affidavit.
Agapito B. Rosales
City Prosecutor

REPUBLIC OF THE PHILIPPINES


METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Unlawful Detainer
-versusGLEN BAWE
Defendants.

x--------------------------------------------------------------------------------------------x
DECISION BASED ON COMPROMISE AGREEMENT

Plaintiff ANNA KARINA ALVA, filed this case against defendant GLEN BAWE for
unlawful detainer due arrears amounting to P160,000 pesos
The parties however reached an amicable settlement and submitted to the court a
compromise agreement, the terms and conditions are as follows:
COMPROMISE AGREEMENT
Comes Now, the parties ANNA KARINA ALVA and defendant GLEN BAWE and
unto this Honorable Court respectfully submit this Compromise Agreement.
g. Defendant acknowledges that he is obligated to the plaintiffs for a total
amount of One hundred Thousand Pesos (Php 160,000) as arrears
h. Defendant promises and undertakes to pay the aforementioned amount to the
plaintiff in monthly instalments of Php 10,000 for the Sixteen months on the
30th month and every month thereafter until fully paid plus existing monthly
rentals.
i. Said monthly instalment payments shall start on October 30, 2010 and every
end of the month thereafter until fully paid and shall be deposited in the name
of the plaintiffs with Account No. 943491312466, China Bank, San Pablo City
Branch until full payment and in accordance with law;
j. That if defendant fails to comply with one (1) instalment, the obligation shall
become due and demandable
k. That upon full compliance of defendant with the abovecited terms, plaintiff
Anna Alvarez will deliver to defendant Glendale Bawe all the checks subject
of this case issued in their name as well as other related legal documents
signed by the latter in the plaintiffs possession.
l. The parties agree that the approval of this agreement by the court shall put an
end to this litigation, except for the purposes of execution in case of default.
WHEREFORE, premises considered, the parties respectfully pray that the
Honorable Court approve this Compromise Agreement and render judgment on
the basis thereof.
Batangas City, September 25, 2010.

ANNA KARINA ALVA


Plaintiff

GLEN BAWE
Defendant

SUBSCRIBED AND SWORN to before me this 7th of day of October, 2012 in


Batangas City, affiant having exhibited to me her Drivers License No. 12345 issued
at Mabini, Batangas on January 10, 2011.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009

REPUBLIC OF THE PHILIPPINES


METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Unlawful Detainer
-versusGLEN BAWE
Defendants.
x--------------------------------------------------------------------------------------------x
POSITION PAPER FOR THE PLAINTIFF
PLAINTIFF, by counsel and unto this Honorable Office, most respectfully
submit this Position Paper and state:
PARTIES

Plaintiff is of legal age and a resident of Brgy. Recollectos, Rosario ,


Batangas.
Defendant is Glen Bawe, Filipino, of legal age and address 22 Tondo st., Bgy
Sitio, Rosario Batangas.

STATEMENT OF THE CASE


This is an action for unlawful detainer filed by complainant, ANNA
KARINA ALVA against the respondent Glen Bawe. Complainant is asking of
P160,000, One hundred thousand due to her from back rentals due to the illegal
possession of her property
But since February 1, 2010, with verbal and letter requests, hereon attached on
Annex E defendant has been deaf to the pleas of the plaintiff and is now requesting
this honorable court for remedy and to address the wrong done agains the plaintiff by
the defendant.
DISCUSSION
The plaintiff humbly submit that there is just cause for the action and that
defendant must pay up to uphold the rule of law.
RELIEF
WHEREFORE, plaintiff prays for judgment as follows:
a) Ordering defendant to pay plaintiff his principal obligation of P160,000,
with 12% interest thereon per annum from March 1, 2010, as well as the liquidated
damages of P10,000 and attorneys fees of P20,000 plus costs.
August 9, 2012 in the City of Batangas.
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2012

VERIFICATION
I, under oath, aver that:
(a) I am the plaintiff in the afore-titled case;
(b) I caused the preparation of the Complaint;
(c) I read it and its contents are true of my own knowledge.

ANNA KARINA ALVA


Affiant
SUBSCRIBED AND SWORN to before me this 7th of day of October, 2009 in
Batangas City, affiant having exhibited to me her Drivers License No. 12345 issued
at Mabini, Batangas on January 10, 2011.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009
CERTIFICATE OF NON-FORUM SHOPPING
Under oath, the undersigned hereby certifies that he has not earlier
commenced a similar action against the defendant for the same cause with any other
court, tribunal or quasi-judicial agency.

ANNA KARINA ALVA


Affiant

SUBSCRIBED AND SWORN to before me this 7th day of October, 2009 in Makati
City, affiant having exhibited to me his Drivers License No. 12345 issued at Mabini,
Batangas on January 10, 2007.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No. 14
Page No. 4
Book No. 7
Series of 2009.
REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Forcible Entry
-versusGLEN BAWE
Defendants.
x--------------------------------------------------------------------------------------------x
POSITION PAPER FOR THE DEFENDANT
PLAINTIFF, by counsel and unto this Honorable Office, most respectfully
submit this Position Paper and state:
PARTIES
Plaintiff is of legal age and a resident of Brgy. Recollectos, Rosario ,
Batangas. Defendant is of legal age and residing at Brgy. Zone 2, Batangas City.
Defendant is Glen Bawe, Filipino, of legal age and address 22 Tondo st., Bgy
Sitio, Rosario Batangas.

STATEMENT OF THE CASE


This is an action for unlawful detainer filed by complainant, ANNA
KARINA ALVA against the respondent Glen Bawe. Complainant is asking of
P100,000, One hundred thousand due to her from back rentals due to the illegal
possession of her property
But since March 1, 2010, with verbal and letter requests, hereon attached on
Annex E defendant has been deaf to the pleas of the plaintiff and is now requesting
this honorable court for remedy and to address the wrong done agains the plaintiff by
the defendant.
DISCUSSION
The RESPONDENT humbly submit that there is no just cause for the action
and that plaintiffs claims are without merit and should be dismissed outright since
there has been no real stipulation of facts that would support the contention of the
plaintiff.
RELIEF
WHEREFORE, respondent prays for judgment as follows:
a) To dismiss outright the claim of the plaintiff for lack of merit.
b) To pay respondent P100,000 for moral damages due to the mental anguish
cause by such complaint plus attorneys fees.
August 12, 2012 in the City of Batangas.
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2012

VERIFICATION
I, under oath, aver that:

(a) I am the plaintiff in the afore-titled case;


(b) I caused the preparation of the Complaint;
(c) I read it and its contents are true of my own knowledge.

ANNA KARINA ALVA


Affiant
SUBSCRIBED AND SWORN to before me this 7th of day of October, 2009 in
Batangas City, affiant having exhibited to me her Drivers License No. 12345 issued
at Mabini, Batangas on January 10, 2011.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009
CERTIFICATE OF NON-FORUM SHOPPING
Under oath, the undersigned hereby certifies that he has not earlier
commenced a similar action against the defendant for the same cause with any other
court, tribunal or quasi-judicial agency.

ANNA KARINA ALVA


Affiant

SUBSCRIBED AND SWORN to before me this 7th day of October, 2009 in Makati
City, affiant having exhibited to me his Drivers License No. 12345 issued at Mabini,
Batangas on January 10, 2007.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No. 14
Page No. 4
Book No. 7
Series of 2009.
METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Forcible Entry
-versusGLEN BAWE
Defendants.
x--------------------------------------------------------------------------------------------x
MEMORANDUM PLAINTIFF
Through the undersigned counsel, unto this Honorable Supreme Court most
respectfully submit and present this Memorandum in the above titled case and aver
that:
THE PARTIES
Plaintiff respondent is Anna Karina Alva, of legal age and presently living in Rosario
Batangas
Defendant is Glen Bawe, Filipino, of legal age and address 22 Tondo st., Bgy Sitio,
Rosario Batangas.
PROCEDURAL BACKGROUND

Sometime on October 2008, plaintiff found that respondent has been by means of
force strategy, and stealth, unlawfully entered said parcel of house and land and
ejected plaintiffs encargado, for and on plaintiffs behalf, and prevented him from
entering the parcel of land by force.
ISSUES OF THE CASE
I. Whether or not plaintiff has just cause for this action

ARGUMENTS
I. The court must uphold the rule of law and compel respondent to either vacate the
premises or pay rentals and arrears.
DISCUSSION
There is no doubt that Plaintiff has just cause with the case with all the facts given and
evidence presented. Respondent should be compelled to vacate or pay rentals

PRAYER
Wherefore, it is prayed that after due notice and hearing, a judgment be
rendered ordering:
4. The defendant and all persons claiming right under him to return the
possession of the property .
5. The defendant to pay the plaintiff the due since May 1, 2009 until the
former shall have actually vacated said house;
6. The defendant to indemnify the plaintiff for P15,000, as attorneys fees,
and for costs of suit and the expenses of litigation.
Plaintiff further prays for such reliefs as may be just and equitable in the
premises.

Municipality of Rosario, October 1, 2009.


Atty. Alma Fides Espinosa
Counsel for the Plaintiff

11234 Cornell st., Bel- Air, Makati


Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2009
VERIFICATION
I, under oath, aver that: (a) I am the plaintiff in the afore-titled case; (b) I caused the
preparation of the Complaint; (c) I read it and its contents are true of my own
knowledge.
Glendale Balete
Affiant
SUBSCRIBED AND SWORN to before me this 1st day of October, 2009 in Rosario,
Batangas, affiant having exhibited to me his Drivers License No. 12345 issued at
Paranaque City on January 10, 2007.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2008
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765

Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.

METROPOLITAN TRIAL COURT


BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Forcible Entry
-versusGLEN BAWE
Defendants.
x--------------------------------------------------------------------------------------------x
MEMORANDUM DEFENDANT
Through the undersigned counsel, unto this Honorable Supreme Court most
respectfully submit and present this Memorandum in the above titled case and aver
that:
THE PARTIES
Plaintiff respondent is Anna Karina Alva, of legal age and presently living in Rosario
Batangas
Defendant is Glen Bawe, Filipino, of legal age and address 22 Tondo st., Bgy Sitio,
Rosario Batangas.
PROCEDURAL BACKGROUND
Sometime on October 2008, plaintiff found that respondent has been by means of
force strategy, and stealth, unlawfully entered said parcel of house and land and
ejected plaintiffs encargado, for and on plaintiffs behalf, and prevented him from
entering the parcel of land by force.
ISSUES OF THE CASE

I. Whether or not PLAINTIFF has just cause for this action

ARGUMENTS
I. The court must uphold the rule of law and compel PLAINTIFF to dismiss the case
outright for lack of merit and facts to support its claim.
DISCUSSION
There is no doubt that Plaintiff has just cause with the case with all the facts given and
evidence presented. Respondent should be not compelled to vacate or pay rentals

PRAYER
Wherefore, it is prayed that after due notice and hearing, a judgment be
rendered ordering:
3. The PLAINTIFF to desist in the baseless claim of forcible entry
4. The PLAINTIFF to pay the DEFENDANT to damages and expenses of
litigation.
Defendant further prays for such reliefs as may be just and equitable in the
premises.
Municipality of Rosario, October 1, 2009.
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2009
VERIFICATION
I, under oath, aver that: (a) I am the plaintiff in the afore-titled case; (b) I caused the
preparation of the Complaint; (c) I read it and its contents are true of my own
knowledge.
Glendale Balete

Affiant
SUBSCRIBED AND SWORN to before me this 1st day of October, 2009 in Rosario,
Batangas, affiant having exhibited to me his Drivers License No. 12345 issued at
Paranaque City on January 10, 2007.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2008
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765

Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.

EJECTMENT
REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: EJECTMENT
-versusGLEN BAWE
Defendants.
x---------------------------------------------------------------------------------------------x
COMPLAINT
Plaintiff avers that:
(1) He is of legal age and a resident Rosario Batangas;

(2) That the defendant is of legal age, Filipino, Bgy 134 Sitio, Rosario Batangas
(3) That the plaintiff is the true, lawful and registered absolute owner of that
parcel of land (Lot 542- B of the Subdivision Plans, Fls. 3101-D, containing
an area of 5,000 square meters, more or less as described and embraced in
TCT No, RT- 3235621 of the Register of Deeds of Batangas City, copy of
which is hereto attached as Annex B;
(4) That the plaintiff has declared the said property under Tax Declaration No. B593495-97531, copy of which is hereto attached as Annex C;
(5) That the plaintiff has been religiously paying the real estate tax due thereon,
the latest Tax receipt for 2007 is hereto attached as Annex D;
(6) That after the relocation survey of the property, conducted by Geodetic
Engineer Manuel Sator sometime in August 2007, of thereabout it was found
that the defendant and his family have put up a dwelling unit on the portion of
the aforesaid property without the knowledge and consent of the Plaintiff and
it seems that the defendant has been occupying the premises, as shown by the
improvements introduced therein, for quite a long time already;
(7) That demand to vacate has remained unheeded, but defendant failed and refuse
to vacate and to pay rentals, for which reasons, plaintiff is constraint to bring
this action against the defendant and to retain the services of counsel therefore
and incurred a considerable amount of money for attorneys fees and other
litigation expenses, as may be proved in the course of proceedings in this case,
copy of which is hereto attached as Annexes E and E-1 respectively.
WHEREFORE, it is respectfully prayed of this Honorable Court to render
judgment in favour of the plaintiff and against the defendant and anyone claiming
right under him, to vacate the premises and to remove and demolish his dwelling
structure from said parcel of land as hereinabove described and embraced in TCT
No. TCT No, RT- 3235621 of the Registry of Deeds of Quezon City, free from any
lien and encumberance whatsoever and;
a) To pay a monthly rental of minimum of P 300.00 per square meter of the area
being occupied by him beginning January 10, 2008 and thereafter, until he and
all those claiming rights under him and actually vacate the premises and
peacefully surrender possession thereof to the plaintiff or to her authorized
representatives;
b) To remove and demolish the dwelling unit or structure he erected therein at his
own expense, otherwise, removal and demolition thereof shall be charged
against the defendant; and
c) To pay attorneys fees and other litigation expenses incurred in connection
therewith.
Plaintiff, likewise prays for such other reliefs as this Honorable Court may
deem just and equitable under the premises.
Quezon City Metro Manila, September 17, 2010.

Atty. Alma Fides Espinosa


Counsel for the Plaintiff

11234 Cornell st., Bel- Air, Makati


Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009,
Manila
MCLE Compliance No. 10-0610,
Jan,5,2009

VERIFICATION AND CERTIFICATION


I, ANNA KARINA ALVA , of legal age, Filipino and with address Rosario Batangas
1. That I am the plaintiff of the abovestated case;
2. That I have caused the preparation of the foregoing complaint; and I have read
the allegations therein and certify that the same are true and correct of my own
personal knowledge;
3. That I further certify that plaintiff have not commenced any action involving
the same issues, before the Supreme Court, Court of Appeals, the different of
divisions thereof, or in any other court, tribunal or agency. To the best of my
knowledge, no such other actions or proceedings are pending before the
Supreme Court, Court of Appeals, the different divisions thereof, or in any
othe court, tribunal or agency; and
4. That in the event that any action involving the same should be made known, I
hereby by bind myself to report the same within five (5) days therefrom to this
court.
IN WITNESS WHEREOF, I have hereunto set my hands this September 17, 2008 at
Quezon City, Philippines.
ANNA KARINA ALVA
Affiant

SUBSCRIBED AND SWORN to before me this 18th day of September 2008 by the
affiant who exhibited to me his Community Tax Certificate No. 43546456 issued at
Batangas City, Philippines on January 19, 2008.

Atty. Rene Cruz


Notary Public
Until December 31, 2008
PTR
No.
1234578
1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.

ROA 98765
Doc No.
Page No.
Book No.
Series of 2008.
REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Ejectment
-versusGLEN BAWE
Defendants.
x---------------------------------------------------------------------------------------------x
ANSWER
Respondent avers that:
(1) He is of legal age and a resident Lot 34, Bgy Sitio, Rosario Batangas
(2) He absolutely no knowledge of plaintiffs allegation with regard to ownership
of his residence.
(3) The stipulated rental lease is P5,000 payable by the end of every month and
has been paying religiously with attached receipts as Annex G
(4) He has no other knowledge and does not acknowledge none of the plaintiffs
allegation.

PRAYER
Wherefore, it is prayed that after due notice and hearing, a judgment be
rendered ordering:
1. The plaintiff and all persons claiming right under him to leave him in quiet
possession of said propety

2. The plaintiff to indemnify the plaintiff for P15,000, as attorneys fees, and
for costs of suit and the expenses of litigation.
Plaintiff further prays for such reliefs as may be just and equitable in the
premises.

City of Batangas, October 1, 2009.


Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009,
Manila
MCLE Compliance No. 10-0610,
Jan,5,2009
VERIFICATION
I, under oath, aver that: (a) I am the plaintiff in the afore-titled case; (b) I caused the
preparation of the Complaint; (c) I read it and its contents are true of my own
knowledge.
Glendale Balete
Affiant
SUBSCRIBED AND SWORN to before me this 1st day of October, 2009 in Makati
City, affiant having exhibited to me his Drivers License No. 12345 issued at
Paranaque City on January 10, 2007.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2008
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765

Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.

Republic of the Philippines)


City of Batangas) Sc.
REPLY AFFIDAVIT
I,
ANNA
KARINA
ALVA,
Brgy.
Recollectos, Rosario , Batangas. Defendant is of legal age and residing at Brgy. Zone
2, Batangas City.
3. That I am reiterating my allegation in my affidavit that last October 01, 2009
against GLEN BAWE, the respondent.
4. That even with verbal and written demands, the money has not been paid to
me by the respondent.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 10th day of
March 2010, in Batangas City.
ANNA KATRINA ALVAREZ
Affiant
SUBSCRIBED AND SWORN to before me this 10th day of November 2009. I
hereby certify that I have personally examined the affiant and I am satisfied that
he voluntarily executed and understood her reply affidavit.
Agapito B. Rosales
City Prosecutor

REPUBLIC OF THE PHILIPPINES


METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Unlawful Detainer
-versusGLEN BAWE
Defendants.

x--------------------------------------------------------------------------------------------x
DECISION BASED ON COMPROMISE AGREEMENT
Plaintiff ANNA KARINA ALVA, filed this case against defendant GLEN BAWE for
unlawful detainer due arrears amounting to P160,000 pesos
The parties however reached an amicable settlement and submitted to the court a
compromise agreement, the terms and conditions are as follows:
COMPROMISE AGREEMENT
Comes Now, the parties ANNA KARINA ALVA and defendant GLEN BAWE and
unto this Honorable Court respectfully submit this Compromise Agreement.
a. Defendant acknowledges that he is obligated to the plaintiffs for a total
amount of One hundred Thousand Pesos (Php 160,000) as arrears
b. Defendant promises and undertakes to pay the aforementioned amount to the
plaintiff in monthly instalments of Php 10,000 for the Sixteen months on the
30th month and every month thereafter until fully paid plus existing monthly
rentals.
c. Said monthly instalment payments shall start on October 30, 2010 and every
end of the month thereafter until fully paid and shall be deposited in the name

of the plaintiffs with Account No. 943491312466, China Bank, San Pablo City
Branch until full payment and in accordance with law;
d. That if defendant fails to comply with one (1) instalment, the obligation shall
become due and demandable
e. That upon full compliance of defendant with the abovecited terms, plaintiff
Anna Alvarez will deliver to defendant Glendale Bawe all the checks subject
of this case issued in their name as well as other related legal documents
signed by the latter in the plaintiffs possession.
f. The parties agree that the approval of this agreement by the court shall put an
end to this litigation, except for the purposes of execution in case of default.
g. Defendant agrees that at any point where defendant fails in any part of the
agreement, he must vacate the premises immediately
WHEREFORE, premises considered, the parties respectfully pray that the
Honorable Court approve this Compromise Agreement and render judgment on
the basis thereof.
Batangas City, September 25, 2010.

ANNA KARINA ALVA


Plaintiff

GLEN BAWE
Defendant

SUBSCRIBED AND SWORN to before me this 7th of day of October, 2012 in


Batangas City, affiant having exhibited to me her Drivers License No. 12345 issued
at Mabini, Batangas on January 10, 2011.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009

REPUBLIC OF THE PHILIPPINES


METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Ejectment
-versusGLEN BAWE
Defendants.
x--------------------------------------------------------------------------------------------x
POSITION PAPER FOR THE PLAINTIFF
PLAINTIFF, by counsel and unto this Honorable Office, most respectfully
submit this Position Paper and state:
PARTIES
Plaintiff is of legal age and a resident of Brgy. Recollectos, Rosario ,
Batangas.
Defendant is Glen Bawe, Filipino, of legal age and address 22 Tondo st., Bgy
Sitio, Rosario Batangas.

STATEMENT OF THE CASE


This is an action for ejectment filed by complainant, ANNA KARINA
ALVA against the respondent Glen Bawe. Complainant is asking of P160,000, One
hundred thousand due to her from back rentals due to the illegal possession of her
property

But since February 1, 2010, with verbal and letter requests, hereon attached on
Annex E defendant has been deaf to the pleas of the plaintiff and is now requesting
this honorable court for remedy and to address the wrong done agains the plaintiff by
the defendant.
DISCUSSION
The plaintiff humbly submit that there is just cause for the action and that
defendant must pay up to uphold the rule of law.
RELIEF
WHEREFORE, plaintiff prays for judgment as follows:
a) Ordering defendant to pay plaintiff his principal obligation of P160,000,
with 12% interest thereon per annum from March 1, 2010, as well as the liquidated
damages of P10,000 and attorneys fees of P20,000 plus costs.
August 9, 2012 in the City of Batangas.
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2012

VERIFICATION
I, under oath, aver that:
(a) I am the plaintiff in the afore-titled case;
(b) I caused the preparation of the Complaint;
(c) I read it and its contents are true of my own knowledge.

ANNA KARINA ALVA


Affiant

SUBSCRIBED AND SWORN to before me this 7th of day of October, 2009 in


Batangas City, affiant having exhibited to me her Drivers License No. 12345 issued
at Mabini, Batangas on January 10, 2011.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009
CERTIFICATE OF NON-FORUM SHOPPING
Under oath, the undersigned hereby certifies that he has not earlier
commenced a similar action against the defendant for the same cause with any other
court, tribunal or quasi-judicial agency.

ANNA KARINA ALVA


Affiant
SUBSCRIBED AND SWORN to before me this 7th day of October, 2009 in Makati
City, affiant having exhibited to me his Drivers License No. 12345 issued at Mabini,
Batangas on January 10, 2007.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No. 14
Page No. 4
Book No. 7
Series of 2009.

REPUBLIC OF THE PHILIPPINES


METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Ejectment
-versusGLEN BAWE
Defendants.
x--------------------------------------------------------------------------------------------x
POSITION PAPER FOR THE DEFENDANT
PLAINTIFF, by counsel and unto this Honorable Office, most respectfully
submit this Position Paper and state:
PARTIES
Plaintiff is of legal age and a resident of Brgy. Recollectos, Rosario ,
Batangas. Defendant is of legal age and residing at Brgy. Zone 2, Batangas City.
Defendant is Glen Bawe, Filipino, of legal age and address 22 Tondo st., Bgy
Sitio, Rosario Batangas.
STATEMENT OF THE CASE
This is an action for unlawful detainer filed by complainant, ANNA
KARINA ALVA against the respondent Glen Bawe. Complainant is asking of
P100,000, One hundred thousand due to her from back rentals due to the illegal
possession of her property
But since March 1, 2010, with verbal and letter requests, hereon attached on
Annex E defendant has been deaf to the pleas of the plaintiff and is now requesting
this honorable court for remedy and to address the wrong done agains the plaintiff by
the defendant.
DISCUSSION

The RESPONDENT humbly submit that there is no just cause for the action
and that plaintiffs claims are without merit and should be dismissed outright since
there has been no real stipulation of facts that would support the contention of the
plaintiff.
RELIEF
WHEREFORE, respondent prays for judgment as follows:
a) To dismiss outright the claim of the plaintiff for lack of merit.
b) To pay respondent P100,000 for moral damages due to the mental anguish
cause by such complaint plus attorneys fees.
August 12, 2012 in the City of Batangas.
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2012

VERIFICATION
I, under oath, aver that:
(a) I am the plaintiff in the afore-titled case;
(b) I caused the preparation of the Complaint;
(c) I read it and its contents are true of my own knowledge.

ANNA KARINA ALVA


Affiant
SUBSCRIBED AND SWORN to before me this 7th of day of October, 2009 in
Batangas City, affiant having exhibited to me her Drivers License No. 12345 issued
at Mabini, Batangas on January 10, 2011.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009
CERTIFICATE OF NON-FORUM SHOPPING
Under oath, the undersigned hereby certifies that he has not earlier
commenced a similar action against the defendant for the same cause with any other
court, tribunal or quasi-judicial agency.

ANNA KARINA ALVA


Affiant

SUBSCRIBED AND SWORN to before me this 7th day of October, 2009 in Makati
City, affiant having exhibited to me his Drivers License No. 12345 issued at Mabini,
Batangas on January 10, 2007.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No. 14
Page No. 4
Book No. 7
Series of 2009.
METROPOLITAN TRIAL COURT

BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Forcible Entry
-versusGLEN BAWE
Defendants.
x--------------------------------------------------------------------------------------------x
MEMORANDUM PLAINTIFF
Through the undersigned counsel, unto this Honorable Supreme Court most
respectfully submit and present this Memorandum in the above titled case and aver
that:
THE PARTIES
Plaintiff respondent is Anna Karina Alva, of legal age and presently living in Rosario
Batangas
Defendant is Glen Bawe, Filipino, of legal age and address 22 Tondo st., Bgy Sitio,
Rosario Batangas.
PROCEDURAL BACKGROUND
Sometime on October 2008, plaintiff found that respondent has been by means of
force strategy, and stealth, unlawfully entered said parcel of house and land and
ejected plaintiffs encargado, for and on plaintiffs behalf, and prevented him from
entering the parcel of land by force.
ISSUES OF THE CASE
I. Whether or not plaintiff has just cause for this action

ARGUMENTS
I. The court must uphold the rule of law and compel respondent to either vacate the
premises or pay rentals and arrears.

DISCUSSION
There is no doubt that Plaintiff has just cause with the case with all the facts given and
evidence presented. Respondent should be compelled to vacate or pay rentals

PRAYER
Wherefore, it is prayed that after due notice and hearing, a judgment be
rendered ordering:
7. The defendant and all persons claiming right under him to return the
possession of the property .
8. The defendant to pay the plaintiff the due since May 1, 2009 until the
former shall have actually vacated said house;
9. The defendant to indemnify the plaintiff for P15,000, as attorneys fees,
and for costs of suit and the expenses of litigation.
Plaintiff further prays for such reliefs as may be just and equitable in the
premises.

Municipality of Rosario, October 1, 2009.


Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2009
VERIFICATION
I, under oath, aver that: (a) I am the plaintiff in the afore-titled case; (b) I caused the
preparation of the Complaint; (c) I read it and its contents are true of my own
knowledge.
Glendale Balete
Affiant

SUBSCRIBED AND SWORN to before me this 1st day of October, 2009 in Rosario,
Batangas, affiant having exhibited to me his Drivers License No. 12345 issued at
Paranaque City on January 10, 2007.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2008
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765

Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.

METROPOLITAN TRIAL COURT


BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300

For: Ejectment
-versusGLEN BAWE
Defendants.
x--------------------------------------------------------------------------------------------x
MEMORANDUM DEFENDANT
Through the undersigned counsel, unto this Honorable Supreme Court most
respectfully submit and present this Memorandum in the above titled case and aver
that:
THE PARTIES
Plaintiff respondent is Anna Karina Alva, of legal age and presently living in Rosario
Batangas
Defendant is Glen Bawe, Filipino, of legal age and address 22 Tondo st., Bgy Sitio,
Rosario Batangas.
PROCEDURAL BACKGROUND
Sometime on October 2008, plaintiff found that respondent has been by means of
force strategy, and stealth, unlawfully entered said parcel of house and land and
ejected plaintiffs encargado, for and on plaintiffs behalf, and prevented him from
entering the parcel of land by force.
ISSUES OF THE CASE
I. Whether or not PLAINTIFF has just cause for this action

ARGUMENTS
I. The court must uphold the rule of law and compel PLAINTIFF to dismiss the case
outright for lack of merit and facts to support its claim.
DISCUSSION
There is no doubt that Plaintiff has just cause with the case with all the facts given and
evidence presented. Respondent should be not compelled to vacate or pay rentals

PRAYER
Wherefore, it is prayed that after due notice and hearing, a judgment be
rendered ordering:
1. The PLAINTIFF to desist in the baseless claim of forcible entry
2. The PLAINTIFF to pay the DEFENDANT to damages and expenses of
litigation.
Defendant further prays for such reliefs as may be just and equitable in the
premises.
Municipality of Rosario, October 1, 2009.
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2009
VERIFICATION
I, under oath, aver that: (a) I am the plaintiff in the afore-titled case; (b) I caused the
preparation of the Complaint; (c) I read it and its contents are true of my own
knowledge.
Glendale Balete
Affiant
SUBSCRIBED AND SWORN to before me this 1st day of October, 2009 in Rosario,
Batangas, affiant having exhibited to me his Drivers License No. 12345 issued at
Paranaque City on January 10, 2007.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2008
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765

Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
Makati City

People of the Philippines


Plaintiff,
CRIM CASE No. 12345
I.S. No. 93420-21
For: Violation of R.A. 4136

-versusGLENN BALE
Accused.

x----------------------------------------------------------------------------------x
COMPLAINT
Complainant P01 Dominador Dominguez, with residence at 204 Bago St.,
Makati City and within jurisdiction of the Honorable Court, hereby accuses Jose dela
Cruz of the crime of violation of R.A. 4136 namely driving without a license,
committed as follows:
That on January 2, 2012, accused on a vehicle, a 2007 Honda Civic with
license plate ZZZ 111 was seen crossing Buendia Ave. cor Filmore st., Makati City
at approximately 2 pm in the afternoon when P01 Dominguez with unerring nerves of
steel and sixth sense flagged down the said vehicle on the corner of Filmore and
Buendia ave., Makati and politely asked the accused for his drivers license in which
the accused refused to give him stating that it was not on his person and it was with
his yaya consequently named as Perdita Diones. Therewith Sp01 Dominguez

issued him a ticket with ticket number 101 dated January 2, 2012 and thereby stating
in that ticket the respondent is driving without a license under RA 4136.
The attached herewith in support of this complaint are copies of the said ticket
as Annex A
Contrary to law.
P01 Dominador Domingues
Complainant
SUBSCRIBED AND SWORN to before me, the undersigned Prosecutor, this
February day of 12th 2012 at Makati City
The undersigned Prosecutor certifies that he personally examined the
complainant and that he is satisfied that he voluntarily executed and understood the
complaint.
Rachel Ann Dimali
2nd Asst. City Prosecutor
(MCLE II- 001-5003)

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
Makati City

People of the Philippines


Plaintiff,
CRIM CASE No. 12345
I.S. No. 93420-21
For: Violation of R.A. 4136

-versusGLENN BALE
Accused.

x----------------------------------------------------------------------------------x
ANSWER

With humble leave of court, the following is averred by, with regard to above
cited criminal case, the accused
He with full and lawful intent was driving in Buendia when, he found out later
on, that P01 Dominador Dominguez flagged his car, a Honda Civic 2007 with license
plate ZZZ 111 and thereafter demanded kotong for him or he will confiscate my
license which he was asking for. I vehemently refused since is against public polity
and convenience.
Thereafter he warneed that alltime public policy show.
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2009
VERIFICATION
I, under oath, aver that: (a) I am the plaintiff in the afore-titled case; (b) I caused the
preparation of the Complaint; (c) I read it and its contents are true of my own
knowledge.
Glendale Balete
Affiant
SUBSCRIBED AND SWORN to before me this 1st day of October, 2009 in Rosario,
Batangas, affiant having exhibited to me his Drivers License No. 12345 issued at
Paranaque City on January 10, 2007.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2008
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
Makati City

People of the Philippines


Plaintiff,
CRIM CASE No. 12345
I.S. No. 93420-21
For: Violation of R.A. 4136

-versusGLENN BALE
Accused.

x----------------------------------------------------------------------------------x
REPLY AFFIDAVIT
Duly sworn I, SP01 Dominador Dominguez reiterates that accused was
driving without a license and should be punished with the true meaning of law.
Affiant
SUBSCRIBED AND SWORN to before me this 10th day of November 2009. I
hereby certify that I have personally examined the affiant and I am satisfied that
he voluntarily executed and understood her reply affidavit.
Agapito B. Rosales
City Prosecutor

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
Makati City

People of the Philippines


Plaintiff,
CRIM CASE No. 12345
I.S. No. 93420-21
For: Violation of R.A. 4136

-versusGLENN BALE
Accused.

x----------------------------------------------------------------------------------x

COMPLAINT
Complainant P01 Dominador Dominguez, with residence at 204 Bago St.,
Makati City and within jurisdiction of the Honorable Court, hereby accuses Jose dela
Cruz of the crime of violation of R.A. 4136 namely driving without a license,
committed as follows:
That on January 2, 2012, accused on a vehicle, a 2007 Honda Civic with
license plate ZZZ 111 was seen crossing Buendia Ave. cor Filmore st., Makati City
at approximately 2 pm in the afternoon when P01 Dominguez with unerring nerves of
steel and sixth sense flagged down the said vehicle on the corner of Filmore and
Buendia ave., Makati and politely asked the accused for his drivers license in which
the accused refused to give him stating that it was not on his person and it was with
his yaya consequently named as Perdita Diones. Therewith Sp01 Dominguez
issued him a ticket with ticket number 101 dated January 2, 2012 and thereby stating
in that ticket the respondent is driving without a license under RA 4136.
The attached herewith in support of this complaint are copies of the said ticket
as Annex A
Contrary to law.
P01 Dominador Domingues
Complainant
SUBSCRIBED AND SWORN to before me, the undersigned Prosecutor, this
February day of 12th 2012 at Makati City
The undersigned Prosecutor certifies that he personally examined the
complainant and that he is satisfied that he voluntarily executed and understood the
complaint.
Rachel Ann Dimali
2nd Asst. City Prosecutor
(MCLE II- 001-5003)

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
Makati City

People of the Philippines


Plaintiff,
CRIM CASE No. 12345
I.S. No. 93420-21
For: Violation of R.A. 4136

-versusGLENN BALE
Accused.

x----------------------------------------------------------------------------------x
ANSWER
With humble leave of court, the following is averred by, with regard to above
cited criminal case, the accused
On January 2, 2012 in the early afternoon, he with full and lawful intent was
driving in Buendia when, he found out later on, that P01 Dominador Dominguez
flagged his car, a Honda Civic 2007 with license plate ZZZ 111 and thereafter
demanded kotong for him or he will confiscate my license which he was asking for.
I vehemently refused since is against public policy and convenience.
Thereafter he warned that he will confiscate not only my license but my car as
well since me being uncooperative.
I thereafter simply left his side as to my knowledge, he was not within his
jurisdiction nor authority to do what he has done.
It is only based on the complaint filed and received that this incident was again
come to attention.
Glen Bale
Respondent
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2009
VERIFICATION

I, under oath, aver that: (a) I am the plaintiff in the afore-titled case; (b) I caused the
preparation of the Complaint; (c) I read it and its contents are true of my own
knowledge.
Glen Bale
Affiant
SUBSCRIBED AND SWORN to before me this 1st day of October, 2009 in Rosario,
Batangas, affiant having exhibited to me his Drivers License No. 12345 issued at
Paranaque City on January 10, 2013.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2008
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
Makati City

People of the Philippines


Plaintiff,
CRIM CASE No. 12345
I.S. No. 93420-21
For: Violation of R.A. 4136

-versusGLENN BALE
Accused.

x----------------------------------------------------------------------------------x
REPLY AFFIDAVIT
Duly sworn I, SP01 Dominador Dominguez reiterates that accused was
driving without a license and should be punished with the true meaning of law.

Affiant
SUBSCRIBED AND SWORN to before me this 10th day of November 2009. I
hereby certify that I have personally examined the affiant and I am satisfied that
he voluntarily executed and understood her reply affidavit.
Agapito B. Rosales
City Prosecutor

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
Makati City

People of the Philippines


Plaintiff,
CRIM CASE No. 12345
I.S. No. 93420-21
For: Violation of R.A. 4136

-versusGLENN BALE
Accused.

x--------------------------------------------------------------------------------------------x
DECISION BASED ON COMPROMISE AGREEMENT
Plaintiff People of the Philippines , filed this case against defendant GLEN BALE for
violation of RA 4136, driving without a license and with penalty amounting to
P1,000.

The parties however reached an amicable settlement and submitted to the court a
compromise agreement, the terms and conditions are as follows:
COMPROMISE AGREEMENT
Comes Now, the parties People of the Philippines and defendant GLEN BAWE and
unto this Honorable Court respectfully submit this Compromise Agreement.
a. Defendant acknowledges that he is obligated to the plaintiffs for a total
amount of P1,000 only.
b. Defendant promises and undertakes to pay the aforementioned amount to the
plaintiff in monthly instalments of Php 100or the ten months on the 30th
month and every month thereafter until fully paid plus existing monthly
rentals.
c. Said monthly instalment payments shall start on October 30, 2011 and every
end of the month thereafter until fully paid and shall be deposited in the name
of the plaintiffs with Account No. 943491312466, China Bank, San Pablo City
Branch until full payment and in accordance with law;
d. That if defendant fails to comply with one (1) instalment, the obligation shall
become due and demandable
e. That upon full compliance of defendant with the abovecited terms, plaintiff
Anna Alvarez will deliver to defendant Glendale Bawe all the checks subject
of this case issued in their name as well as other related legal documents
signed by the latter in the plaintiffs possession.
f. The parties agree that the approval of this agreement by the court shall put an
end to this litigation, except for the purposes of execution in case of default.
g. Defendant agrees that at any point where defendant fails in any part of the
agreement, he must vacate the premises immediately
WHEREFORE, premises considered, the parties respectfully pray that the
Honorable Court approve this Compromise Agreement and render judgment on
the basis thereof.
Batangas City, September 25, 2010.

Atty Demos Cargo


GLEN BAWE
2nd State Prosec,
Defendant
Makati City
SUBSCRIBED AND SWORN to before me this 7th of day of October, 2012 in
Batangas City, affiant having exhibited to me her Drivers License No. 12345 issued
at Mabini, Batangas on January 10, 2011.

ATTY. RENE C. CRUZ, JR.

Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765

Doc. No. 13
Page No. 3
Book No. 7
Series of 2009

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
Makati City

People of the Philippines


Plaintiff,
CRIM CASE No. 12345
I.S. No. 93420-21
For: Violation of R.A. 4136

-versusGLENN BALE
Accused.

x--------------------------------------------------------------------------------------------x
POSITION PAPER FOR THE PLAINTIFF
PLAINTIFF, by counsel and unto this Honorable Office, most respectfully
submit this Position Paper and state:

PARTIES
Plaintiff , acting in behalf of its officer, SP01 Dominguez is of legal age and a
resident of Brgy. Recollectos, Rosario , Batangas.
Defendant is Glen Bawe, Filipino, of legal age and address 22 Tondo st., Bgy
Sitio, Rosario Batangas.

STATEMENT OF THE CASE


This is an action for criminal case filed by complainant, SP01
Dominguez, as a traffic officer for Makati City against the respondent Glen Bawe. He
has violated RA 4136, specifically driving without a license.

DISCUSSION

The plaintiff humbly submit that there is just cause for the action and that
defendant must pay up to uphold the rule of law.

RELIEF

WHEREFORE, plaintiff prays for judgment as follows:

a) Ordering defendant to pay P1,000 pesos in penalty and to have his license
revoked for a year.

August 9, 2012 in the City of Makati


Atty. Alma Fides Espinosa

Counsel for the Plaintiff


11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2012

VERIFICATION
I, under oath, aver that:
(a) I am the plaintiff in the afore-titled case;
(b) I caused the preparation of the Complaint;
(c) I read it and its contents are true of my own knowledge.

SPO1 Dominador Domingeuz


Affiant
SUBSCRIBED AND SWORN to before me this 7th of day of October, 2009 in
Batangas City, affiant having exhibited to me her Drivers License No. 12345 issued
at Mabini, Batangas on January 10, 2011.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765

Doc. No. 13
Page No. 3
Book No. 7
Series of 2009

CERTIFICATE OF NON-FORUM SHOPPING


Under oath, the undersigned hereby certifies that he has not earlier
commenced a similar action against the defendant for the same cause with any other
court, tribunal or quasi-judicial agency.

SPO1 Dominador Domingeuz


Affiant

SUBSCRIBED AND SWORN to before me this 7th day of October, 2009 in Makati
City, affiant having exhibited to me his Drivers License No. 12345 issued at Mabini,
Batangas on January 10, 2007.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No. 14
Page No. 4
Book No. 7
Series of 2009.

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
Makati City

People of the Philippines


Plaintiff,
CRIM CASE No. 12345

-versus-

I.S. No. 93420-21


For: Violation of R.A. 4136

GLENN BALE
Accused.
x--------------------------------------------------------------------------------------------x
POSITION PAPER FOR THE DEFENDANT
RESPONDENT, by counsel and unto this Honorable Office, most respectfully
submit this Position Paper and state:
PARTIES
Plaintiff is of legal age and a resident of Brgy. Recollectos, Rosario ,
Batangas. Defendant is of legal age and residing at Brgy. Zone 2, Batangas City.
Defendant is Glen Bale, Filipino, of legal age and address 22 Tondo st., Bgy
Sitio, Rosario Batangas.
STATEMENT OF THE CASE
This is a criminal action RA 4136, namely no drivers license filed by
complainant, SP01 Dominador Domninguez against the respondent Glen Bale.
Complainant is asking for a penalty amounting to P1,000, One thousand pesos.

DISCUSSION

The RESPONDENT humbly submit that there is no just cause for the action
and that plaintiffs claims are without merit and should be dismissed outright since
there has been no real stipulation of facts that would support the contention of the
plaintiff.

RELIEF

WHEREFORE, respondent prays for judgment as follows:

a) To dismiss outright the claim of the plaintiff for lack of merit.

b) To pay respondent P1,000 for moral damages due to the mental anguish
cause by such complaint plus attorneys fees.

August 12, 2012 in the City of Batangas.


Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2012

VERIFICATION
I, under oath, aver that:
(a) I am the plaintiff in the afore-titled case;
(b) I caused the preparation of the Complaint;
(c) I read it and its contents are true of my own knowledge.

SP01 Dominador Dominguez


Affiant
SUBSCRIBED AND SWORN to before me this 7th of day of October, 2012 in
Batangas City, affiant having exhibited to me her Drivers License No. 12345 issued
at Mabini, Batangas on January 10, 2011.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765

Doc. No. 13
Page No. 3
Book No. 7
Series of 2009

CERTIFICATE OF NON-FORUM SHOPPING


Under oath, the undersigned hereby certifies that he has not earlier
commenced a similar action against the defendant for the same cause with any other
court, tribunal or quasi-judicial agency.

SP01 Dominador Dominguez


Affiant
SUBSCRIBED AND SWORN to before me this 7th day of October, 2009 in Makati
City, affiant having exhibited to me his Drivers License No. 12345 issued at Mabini,
Batangas on January 10, 2007.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No. 14
Page No. 4
Book No. 7

Series of 2009.

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
Makati City

People of the Philippines


Plaintiff,
CRIM CASE No. 12345
I.S. No. 93420-21
For: Violation of R.A. 4136

-versusGLENN BALE
Accused.

x--------------------------------------------------------------------------------------------x
MEMORANDUM PLAINTIFF

Through the undersigned counsel, unto this Honorable Supreme Court most
respectfully submit and present this Memorandum in the above titled case and aver
that:

THE PARTIES

Plaintiff respondent is People of the Phillippines, under the office of Makati City with
office SP01 Dominador Domingeuz, of legal age and presently living in Rosario
Batangas

Defendant is Glen Bawe, Filipino, of legal age and address 22 Tondo st., Bgy Sitio,
Rosario Batangas.

PROCEDURAL BACKGROUND
Sometime on October 2008, plaintiff flagged down respondent in a normal traffic beat
and found defendant has no license while driving in a the public road of Buendia ave
cor Filmore st., Makati City
ISSUES OF THE CASE
I. Whether or not plaintiff has just cause for this action

ARGUMENTS
I. The court must uphold the rule of law and compel respondent to either pay the fine
imposed for P1,000 pesos or not drive at all.
DISCUSSION
There is no doubt that Plaintiff has just cause with the case with all the facts given and
evidence presented. Respondent should be compelled to follow the rule of law

PRAYER
Wherefore, it is prayed that after due notice and hearing, a judgment be
rendered ordering:
1. The defendant and all persons claiming right under him to pay the fine.
2. The defendant to pay either have a license made or make a new license or
not drive in public roads at all.
Plaintiff further prays for such reliefs as may be just and equitable in the
premises.

Municipality of Rosario, October 1, 2009.


Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888

IBP No 4798273188, Manila


PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2009
VERIFICATION
I, under oath, aver that: (a) I am the plaintiff in the afore-titled case; (b) I caused the
preparation of the Complaint; (c) I read it and its contents are true of my own
knowledge.
SP01 Dominador Dominguez
Affiant
SUBSCRIBED AND SWORN to before me this 1st day of October, 2009 in Rosario,
Batangas, affiant having exhibited to me his Drivers License No. 12345 issued at
Paranaque City on January 10, 2007.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2008
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765

Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
Makati City

People of the Philippines


Plaintiff,
CRIM CASE No. 12345
I.S. No. 93420-21
For: Violation of R.A. 4136

-versusGLENN BALE
Accused.

x--------------------------------------------------------------------------------------------x
MEMORANDUM PLAINTIFF

Through the undersigned counsel, unto this Honorable Supreme Court most
respectfully submit and present this Memorandum in the above titled case and aver
that:

THE PARTIES

Plaintiff respondent is People of the Phillippines, under the office of Makati City with
office SP01 Dominador Domingeuz, of legal age and presently living in Rosario
Batangas

Defendant is Glen Bawe, Filipino, of legal age and address 22 Tondo st., Bgy Sitio,
Rosario Batangas.
PROCEDURAL BACKGROUND
Sometime on October 2008, plaintiff flagged down respondent in a normal traffic beat
and found defendant has no license while driving in a the public road of Buendia ave
cor Filmore st., Makati City
ISSUES OF THE CASE
I. Whether or not plaintiff has just cause for this action

ARGUMENTS
I. The court must uphold the rule of law and compel PLAINTIFF to dismiss the case
outright for lack of merit and facts to support its claim.
DISCUSSION
There is no doubt that Plaintiff has just cause with the case with all the facts given and
evidence presented. Respondent should be not compelled to vacate or pay rentals

PRAYER
Wherefore, it is prayed that after due notice and hearing, a judgment be
rendered ordering:
1. The PLAINTIFF to desist in the baseless claim of criminal acts
2. The PLAINTIFF to pay the DEFENDANT to damages and expenses of
litigation.
Defendant further prays for such reliefs as may be just and equitable in the
premises.
Municipality of Rosario, October 1, 2009.
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2009
VERIFICATION
I, under oath, aver that: (a) I am the plaintiff in the afore-titled case; (b) I caused the
preparation of the Complaint; (c) I read it and its contents are true of my own
knowledge.
Glendale Balete
Affiant

SUBSCRIBED AND SWORN to before me this 1st day of October, 2009 in Rosario,
Batangas, affiant having exhibited to me his Drivers License No. 12345 issued at
Paranaque City on January 10, 2007.

ATTY. RENE C. CRUZ, JR.


Notary Public
Until December 31, 2008
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765

Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.