Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 53, Davao City

ERICA LUCENA RAMOS, CIVIL CASE NO.

Plaintiff, M-DVO-16-02665-SC-R00-00

- versus -

SPS. ROBERTO P. QUIŃONERO FOR: UNLAWFUL DETAINER, ETC.

AND CORAZON QUIŃONERO,
Defendants.

CASE SUMMARY

On January 6, 2011, defendant Spouses Roberto P. Quińonero and

Corazon Quińonero and plaintiff’s mother, Carmen Lucena as legal
guardian, entered into an agreement before the Office of the Sangguniang
Barangay of Calinan which was denominated as “Kasabutan sa Pag-arkila
ug pwesto”. Subsequently, defendants and plaintiff’s mother, Carmen
Lucena entered into a Contract of Lease involving the same lot subject of
their agreement earlier entered into the Office of the Sangguniang
Barangay of Calinan. As stipulated in the Agreement as well as in the
Contract of Lease, the lease shall be for a period of five (5) years and
renewable every five (5) years. Pursuant to the Kasabutan and the
Contract of Lease, defendants, with the conformity of the plaintiffs
(contrary to the latter’s claim), constructed a concrete structure over the
lot subject of the lease.

In December 2015, defendants informed the plaintiff and her mother

that they are renewing their Contract of Lease for another five (5) years
and thus they should execute a new contract. Defendants also informed
the plaintiff and her mother that they will continue to pay the monthly
rentals plus the increase of 10% beginning on January 2016. However, the
plaintiff and her mother unjustifiably refused to execute a new contract
of lease with the defendants. For several occasions, the defendants tried
to reach out to the plaintiff and her mother to renew their contract but
the latter constantly refused. The defendant then sought the intervention
of the Office of the Sangguniang Barangay of Calinan where the plaintiff
and her mother are residents in the hope for an amicable settlement but
the same proceedings failed.

On July 7, 2016, defendants handed over to the plaintiff and her

mother a letter during their mediation conference before the Lupong
Tagapamayapa of Barangay 74-A, Matina Crossing, Davao City. In the same
letter, defendants reiterated their intention to renew their Contract of
lease and even tendered the amount of Php33, 000.00 representing the
accused accrued rentals. Plaintiff’s refusal to receive the monthly rentals
has compelled the defendants to consign in court the accrued rentals for
the period of February to August 2016 in the total amount of Php
38,500.00.

Plaintiff filed a complaint with the City Building Office concerning

the defendant’s structure which was constructed with her consent. The
above circumstances have prompted the defendants to file a complaint
against the plaintiffs before the Regional Trial Court of Davao City for
Breach of Contract, Specific Performance, Fixing of Period, Consignation
of Rentals, Damages and Attorney’s Fees with Prayer for a Writ of
Preliminary Injunction.

On April 19, 2016, plaintiff personally served a letter of demand to

vacate to the defendants but the latter did not do so which prompted the
plaintiff and her mother to file an Unlawful Detainer case before the
Municipal Trial Courts in Cities
(MTCC).
Subsequently, in an Order dated October 6, 2016, this case was
referred to the Philippine Mediation Center on December 5, 2016 for
possible settle. However, Conciliation before Philippine Mediation Center
was unsuccessful. Subsequently, the case was set for Judicial Dispute
Resolution on April 6, 2017, and just the same, mediation failed. Hence
the case was re-raffled to MTCC Branch 2 of Davao City.
After careful evaluation, the court ruled that in the affirmative.
Plaintiff clearly established her ownership over the subject property,
which as a consequence entitles her to possess the same. Hence, plaintiff
successfully established that she had prior physical possession to justify a
ruling in her favor in the complaint for Unlawful Detainer case.

Defendants are ordered to pay plaintiff for the continued use and
occupation of the property in the sum of fifteen thousand pesos (P 15,
000.00) per month from January 2016 up to the time the defendants
vacate the premises.
 Aggrieved, the defendants filed a notice appeal to the Regional Trial
Court (RTC) from the decision of the Municipal Trial Court in Cities
(MTCC).

Plaintiff/ Appellee filed a Motion for Issuance of a Writ of Execution

through counsel on September 25, 2017. The herein motion was set to be
heard before this court on December 8, 2017 at 1:00 o’ clock in the
afternoon.