Republic of the Philippines

MUNICIPAL TRIAL COURT

City of Tacloban
Branch V

SPS. BRAD PITT &

ANGELINA JOLIE PITT
Plaintiffs,

Civil Case No. 23131

For: Recovery of Possession
-versus-

CHIZ ESCUDERO AND HEART ESCUDERO

and all persons claiming rights
Under their name,
Defendants.
x---------------------------------------------------x

POSITION PAPER FOR THE DEFENDANT

DEFENDANT, pro se, respectfully states:

I. Statement of Facts

1. Plaintiff Spouses BRAD and ANGELINA JOLIE PITT are residents

of Blk 20 Lot 11, Brgy. 154, San Jose Tacloban City, where they may
be served with court order and other processes;
2. Defendants CHIZ ESCUDERO, HEART ESCUDERO, and all
persons claiming rights under them, are residents of Blk 20 Lot 12,
Brgy. 129 , City of Tacloban where he may be serve with summons,
order and other court processes;
3. Defendant admits that the lot covered by TCT No. T-414462 is
owned by plaintiffs herein.
4. Defendant and the previous owner entered into a contract of lease.
5. Defendant would occupy the lot subject of the action and would
pay the amount of P3,000 per month.
6. The contract of lease will expire on May 2, 2021 is attached hereto
as Annex 1.
7. The contract of lease is registered in the Registry of Deeds as
proven during trial.
8. The defendant paid rents until Aug. 4, 2019. The receipt hereof is
attached as Annex 2.

II. ISSUE

1. Whether or not defendant should return possession of the land to

plaintiffs despite the existence of contract of lease entered by original
owner and defendants..

III. DISCUSSION
1.. The contract entered into by the previous owner and the
defendant is valid. Art. 1306. The contracting parties may establish
such stipulations, clauses, terms and conditions as they may deem
convenient, provided they are not contrary to law, morals, good
customs, public order and public policy.
The contract entered into by the previous owner and defendants are
valid and binding to both of them. It is binding as well to future owners
of the land since they knew from the moment they want to buy the
property that such contract of lease exists.

2.The new owner should respect the contract of lease despite sale
since he has knowledge thereof and such contract of lease is
registered in the registry of deeds.

Wherefore, it is respectfully prayed that:

1. The action for recovery of possession be dismissed. Plaintiff

should respect the contract of lease.

Subscribed and sworn to before me in the City of Tacloban on

Aug 5, 2019, affiant showing his proof of identity with his LTO Driver`s
License No. 5678

Notary Public

Doc No. 5342

Page No. 66

Book No. 18
Series of 2019

Copy Furnished:

Atty. Anthony Davis

Counsel for Plaintiff
(To be personally given during hearing on August 09, 2019)