Republic of the Philippines

Region 10
Municipal Trial Court
Iligan City
Branch __

ABC
Plaintiff,

-versus- Civil Case No. _____

For: Ejectment
XYZ
Defendant.
x-------------------------------------x
POSITION PAPER FOR THE PLAINTIFF

The PLAINTIFF, by Counsel, respectfully states:

I. PROPERTY INVOLVED

The property subject matter of the instant ejectment case is the lot located
at Macapagal Avenue, Tubod, Iligan City.

Attached as Annex “A” hereof is a copy of the judgment made by the

Court of Appeals declaring the Plaintiff as a co-owner of the subject property.

II. EJECTMENT COMPLAINT

The verified complaint for ejectment filed by the herein plaintiff ABC, thru
Atty. ____, prayed for a judgment in favor of the plaintiff and against the
 defendants XYZ to vacate the subject property and the plaintiff be awarded of the
following:
a) Php 250,000.00 as and by way of unpaid rentals;
b) Php 20,000.00 as and by way of attorney’s fees;
c) Php 20,000.00 as and by way of exemplary damages:
d) Reasonable rent of P5,000.00 as and by way of monthly rent for thw
filing of the complaint until the subject propert is peacefully restored
and/ir surrendered to the Plaintiff;
e) Legal interest on all the foregoing amounts from date of the filing of the
compalint until payment of the defendants; and
f) The equivalent amount of 140% of the prevailing monthly rental for
every month of delay to surender possession of the PROPERTY as
and by of liquidated damages; and
the costs of suit and other reliefs just and equitable under the premises are also
prayed for.
The allegations stated in the ejectment complaint are quoted hereinbelow:

“xxx.
1. Plaintiff is of legal age, single and with residence address at Macapagal
Avenue, Tubod, Iligan City, while defendant is of legal age, married, and
maintains a Vulcanizing and Battery Shop at Macapagal Avenue, Tubod,
Iliagm City, where he may be served with summons and other court process
of this Honorable Court;
2. Plaintiff is in prior possession and an adjudjed co-owner of the real property
situated at the lot located at Macapagal Avenue, Tubod, Iligan City, a portion
of which is occupied by the defendant. Hereby attached is a copy of the
judgment made by the Court of Appeals (G.R. No. __) promulgated on April
25, 2016 marked as Annex “A” declaring the Plaintiff a co-owner of the
subject property ;
3. The plaintiff is an indigent litigant and has no financial capacity to engage the
services of a lawyer. A certification of the Integrated Bar of the Philippines –
 Lanao del Norte Chapter is hereto attached and marked as Annex “B” and a
certificate of Indigency issued by the Office of the Punong Barangay of
Barangay Tubod is also attached and marked as Annex “B-1”;
4. Sometime in 2014, a contract of lease was executed by and between Plaintiff
leased a portion of the property to the Defendant, for a period of three (3)
years and renewable for 1 year. Hereby attached is a copy of the lease
contract signed by the Plaintiff and Defendant as parties marked as Annex
“C”;
5. In 2017, the period of lease expired. Plaintiff made several verbal and written
demands to vacate the said property but the Plaintiff remained and
conitnuously in illegal possession of the said parcel of land. The final demand
letter was made on April 23, 2018 and received by the Defendant on April 24,
2018, the certification of which from the Philippine Postal Corporation is
hereto attached and marked as Annex “D” and “D-1”, respectfully;
6. The said parcel of land has been leased for the amount of FIVE THOUSAND
PESOS ONLY (P5,000.00);
7. That Defendant is unlawfully withholding possession of the subject land from
the Plaintiff despite last and final demand, to the damage and prejudice of the
Plaintiff;
8. That due to the unjust refusal of the Defendant to vacate and to return the
said land to the Plaintiff, the latter was constrained to endorse the said matter
to the Public Attorney’s Office, then to the IBP and to a private counsel for the
filing of the appropriate action in court;
9. That his action is being filed within one (1) year from the last demand on
Defendant to vacte the said property:
10. Before filing of this complaint, the dispute has been referred to the Lupong
Tagapamayapa of Barangay Tubod, Iligan City, but the parties failed to arrive
at amicable settlement . Certificate to file action is hereto attached as Annex
“E”;
11. That the filing of this case is caused by the Plaintiff and through the
recommendation and participation of IBP-Lanao del Norte Chapter.
 Xxx”

The herein plaintiff adopts into this position paper, by incorpoartion and reference, all of
the foregoing allegations in her verified answer.

In controverting the instant ejectment complaint, the defendant XYZ raised the defense
that the Plaintiff’s allegations lack of personal knowledge thereto, except as to the
personal circumstances of the Defendant and as to the fact that the Defendant is
presently occupying a portion of the lot fronting Mamsa Corporation