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Republic of the Philippines

Third Judicial Region


MUNICIPAL TRIAL COURT IN CITIES
BRANCH 00
____________ City

XXX & YYY


Plaintiffs,

-versus-
CIVIL CASE NO. 14344
ZZZ & WWW, For: UNLAWFUL DETAINER WITH
Defendants. DAMAGES
x -----------------------------------------------x

POSITION PAPER

Plaintiff, through the undersigned counsel and to this Honorable Office,


respectfully submit the foregoing Position Paper, thus:

STATEMENT OF THE CASE

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

Plaintiff XXX is the registered owner of a parcel of land and three-storey


building covered by Tax Declaration Numbers AB00123456 and AB00123457
while plaintiff YYY is the mother of the plaintiff XXX and she is the
administratix of the subject property. Plaintiff YYY and her late husband were
the ones who entered into a Contract of Lease dated April 8, 2001 with herein
defendant.

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.

Starting February 2016, defendant defaulted to pay his monthly rental of


Seventeen Thousand Five Hundred (Php17,500.00) Pesos, Philippine currency,

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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.

On ____________________, 2010, the plaintiff gained possession of the


subject property through the order of the court.

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

1. Plaintiff XXX is the registered owner of a parcel of land and three-

storey building, as evidenced by Tax Declaration Numbers AB00123456

(Lot) and AB001234567 hereto appended and marked as Annexes “A”

and “B”, respectively, while plaintiff YYY, being the mother of the

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registered owner, has been the administratix of the subject property,

hence, she and her late husband were the ones who entered into a

Contract of Lease dated April 8, 2001 (hereto appended as Annex “C”)

with herein defendant;

2. The Contract of Lease executed on April 8, 2001 has a term of up

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

shall vacate the property upon need of the plaintiffs;

3. In Acab v. Court of Appeals, it was held that Section 6 of B.P. Blg.

877 does not suspend the effects of Article 1687 of the Civil Code. Lease

agreements with no specified period, but in which rentals are paid

monthly, are considered to be on a month-to-month basis. They are for a

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

was received by the defendant on April 29, 2016, through

WWWExpresss, a private courier service (hereto appended and marked

as Annex “E”). Despite absence of specific period in the renewal of the

contract, mere issuance of the demand to vacate terminates the lease

agreement between parties and plaintiffs are entitled to compensation

which is the monthly rental due from the defendant;

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:

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“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.”

5. Corollarily, defendant’s ejectment, in this case, is only the


reasonable consequence of his unrelenting refusal to comply with
the plaintiffs’ demand for the payment of monthly rental. Verily,
the lessors right to rescind the contract of lease for non-payment of
the demanded rental was recognized by the Supreme Court
in Chua v. Victorio, (G.R. No. 157568, May 18, 2004),

The right of rescission is statutorily recognized in reciprocal


obligations, such as contracts of lease. x x x under Article
1659 of the Civil Code, the aggrieved party may, at his
option, ask for (1) the rescission of the contract; (2)
rescission and indemnification for damages; or (3) only
indemnification for damages, allowing the contract to remain
in force.

Payment of the rent is one of a lessees statutory obligations, and, upon


non-payment by the defendant of the monthly rental from February
2016, the lessor acquired the right to avail of any of the three remedies
outlined above.

WHEREFORE, premises considered, it is most respectfully prayed that


judgment be rendered in favor of herein plaintiffs.

Other reliefs and remedies, just and equitable under the premises are
likewise prayed for.

Olongapo City, __________________, 2019

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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.

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