Professional Documents
Culture Documents
-versus-
CIVIL CASE NO. 14344
ZZZ & WWW, For: UNLAWFUL DETAINER WITH
Defendants. DAMAGES
x -----------------------------------------------x
POSITION PAPER
This is a case for Unlawful Detainer with Damages and with Prayer for
the Issuance of a Writ of Preliminary Injunction was files by the plaintiffs
against the defendants for non-payment of rentals.
STATEMENT OF FACTS
The Contract of Lease dated April 8, 2001 has a term of up to April 14,
2006. Upon expiration of the Contract of Lease, the parties agreed to renew
the said contract with the condition that the defendant shall vacate the subject
property in accordance with the plaintiffs’ need of use of property.
Page 1 of 5
hence, his unpaid monthly rental summep up to a total of One Hundred
Twenty Two Thousand Nine Hundred Sixty-Nine (Php122,500.00) Pesos,
Philippine currency or equivalent to seven (7) unpaid monthly rental. The
plaintiffs hereafter sent a Demand to Vacate to herein defendant due to his
failure to pay the rental fees and to the fact the the plaintiffs finds the necessity
the immediate repair and the need to use the subject property. The defendant
received the Demand Letter to Vacate on April 15, 2010 but failed to peacefully
vacate the property.
To reiterate, the plaintiffs now prays for the monthly rentals failed to pay
by the defendant beginning February 2016 up to present amounting to
_______________________________ (Php_____________) Pesos, Philippine currency
not including the interest.
ISSUES
Whether of not the plaintiff is entitled to actual damages for failure of the
defendant to pay the monthly rentals amounting to
__________________________ equivalent to _____ months plus interest, the
damages he cause due to his negligence causing the subject property to
deteriorate and attorney’s fees and other cost.
ARGUMENTS/DISCUSSION
I.
The plaintiff is entitled to damages for failure to
pay the monthly rentals and for the deterioration
of the subject property all caused by the
defendant
and “B”, respectively, while plaintiff YYY, being the mother of the
Page 2 of 5
registered owner, has been the administratix of the subject property,
hence, she and her late husband were the ones who entered into a
to April 14, 2006; however, after the expiration of the said period, both
parties agreed to renew the contract with a condition that the defendant
877 does not suspend the effects of Article 1687 of the Civil Code. Lease
definite period and expire after the last day of any given thirty-day
period, upon proper demand and notice by the lessor to vacate. In the
case at bench, plaintiffs had shown that a Demand to Vacate was sent to
on April 27, 2016 (hereto appended and marked as Annex “D”) which
4. In the case of Leo Wee v. De Castro, (G.R. No. 176405, August 20,
2008), where the lease contract between the parties did not stipulate a
fixed period, the Supreme Court ruled:
Page 3 of 5
“The rentals being paid monthly, the period of such lease is
deemed terminated at the end of each month. Thus,
respondents have every right to demand the ejectment of
petitioners at the end of each month, the contract having
expired by operation of law. Without a lease contract,
petitioner has no right of possession to the subject property
and must vacate the same. Respondents, thus, should be
allowed to resort to an action for ejectment before the MTC to
recover possession of the subject property from petitioner.”
Other reliefs and remedies, just and equitable under the premises are
likewise prayed for.
Page 4 of 5
ATTY. ASGL SIUOIR
Counsel for the Plaintiffs
PTR No. 098765/1-02-19/Makati City
IBP No. 293-27639/1-002-19e/Makati City
Roll of Attorneys No. 92932
MCLE Compliance No. V-092639234, 8/22/12
Copy furnished:
EXPLANATION
Service via registered mail was resorted to due to lack of time and
personnel to effect personal service of the same.
Page 5 of 5