Legal Forms Requirement Unlawful Detainer 1

REPUBLIC OF THE PHILIPPINES
MUNICIPAL CIRCUIT TRIAL COURT

PAOAY-CURRIMAO
FIRST JUDICIAL REGION
ILOCOS NORTE
JUAN AYSION SANTOS

Plaintiff,
-versus-
CIVIL CASE No. H-12346

For: EJECTMENT (UNLAWFUL DETAINER)
JOHN CHIU CO
Defendant.
x - - - - - - - - - - - - - - - - - - - - - - - - - - -x
C O M PLAI N T
PLAINTIFF, through the undersigned counsel, and unto this Honorable Court
most respectfully submit this Complaint for Unlawful Detainer and in support hereof
makes the following assertion:
1. Plaintiff JUAN AYSION SANTOSs residence and postal address is at #123
Narra St., Fairville, Paoay, Ilocos Norte, where they may be served with court
order and other processes;
2. Defendant JOHN CHIU CO residence and postal address is at #123 Acacia St.,
Fairville, Paoay, Ilocos Norte where he may be served with summons, order
and other court processes;
3. Initially, the possession of property located at 129 Fairkes St., Fairville, Paoay,
Ilocos Norte by the defendant was by a contract of lease with or by tolerance of
the plaintiff;
4. That defendants lease expired 2 months ago(Annex A: Contract of Lease);
5. That defendant refused to turn over the said property even after demand to do
so is made thus, such possession became illegal;
6. Thereafter, the defendant remained in possession of the property and deprived
the plaintiff of the enjoyment thereof; and
7. The same acts of the Defendant compelled the Plaintiff to incur litigation
expenses consisting of filing fee, cost of transportation and other miscellaneous
accommodation of its lawyers and other personal expenses to be incurred in
attending the hearings of this case, etc., fixed at FIFTY THOUSAND PESOS
(Php 50,000.00), which the Defendant should also be held answerable;
8. This action is governed by the Rules on Summary Procedure.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed unto this
Honorable Court that:
(a) After trial, judgment be rendered in favor of herein Plaintiff and ordering
Defendant and all persons claiming right under him to permanently VACATE
the premises in question and give the immediate possession thereof to the
Plaintiff;
(b) Pay plaintiff the amount of FIFTY THOUSAND PESOS (Php50,000.00), as
and by way of attorneys fees;
2
(c) Pay plaintiff the cost of this suit.

Plaintiff prays for such other remedies and reliefs as may be deemed just and
equitable under the premises.
Laoag City for ____________, Ilocos Norte, May 10, 2012.
CARINA MACAPUDNO
LAW OFFICE
(Counsel for the Plaintiffs)
2/F Insular Life Building
Balintawak Street
2900 Laoag City
CARINA D. MACAPUDNO
Roll of Attys No. 53594-04/27/2007
IBP NO. 866059- I.N.-01/02/2012
PTR NO. 0375018-L.C.-01/02/2012
MCLE Compliance No. III-0000797-9/18/2008
REPUBLIC OF THE PHILIPPINES )

CITY OF LAOAG
) S.S.
VERIFICATION AND CERTIFICATION
I, JUAN AYSION SANTOS, of 129 Fairkes St., Fairville, Paoay, Ilocos Norte,
Philippines after being sworn to in accordance with law, deposes and says: That we
are the complainants in the above-entitled case; that we have caused the preparation of
the foregoing complaint; that we have read and knows the contents thereof; that the
allegations contained therein are true and of our own personal knowledge; that we
have not commenced any other action or proceeding involving the same issues raised
in this complaint in the Supreme Court, the Court of Appeals, or any other tribunal or
agency, and to the best of our knowledge, no such action or proceeding is pending in
the Supreme Court, the Court of Appeals or any other tribunal or agency, and if we
should learn that a similar action is pending before the Supreme Court, the Court of
Appeals, or any other tribunal or agency, we undertake to inform this Honorable Court
within five(5) days from such knowledge.
IN WITNESS HEREOF, we have hereunto affixed our signature this
__________________ at Laoag City, Philippines.
JUAN AYSION SANTOS
SUBSCRIBE AND SWORN to before me this _____________________ at
Laoag City, Ilocos Norte. Affiants exhibited to me their CTC written below their
names and signatures. I hereby certify that I have personally examined the
complainants and that I am satisfied that they voluntarily executed and understood the
contents of their complaint.
NOTARY PUBLIC
4
REQUEST FOR & NOTICE OF HEARING

THE BRANCH CLERK OF COURT
PAOAY-CURRIMAO
Please submit the foregoing Motion to the Court for its consideration and approval
immediately upon receipt hereof and kindly include the same in the courts calendar
for hearing on Friday, 13 May 2012 at 8:30 in the morning.
CARINA MACAPUDNO LAW OFFICES

Balintawak Street
2900 Laoag City
Please take notice that counsel has requested to be heard on Friday, 13 April 2007 at
8:30 in the morning.
Atty.____________
Counsel for Defendants
Marcos Avenue, Brgy. 10-N
Lacub, Batac City Ilocos Norte
Copy furnished:
Through registered mail:
Atty.____________
Registry Receipt No.___________
Date: _______________
Marcos Avenue, Brgy. 10-N Lacub,
Post Office: ____________
Batac City Ilocos Norte

5
EXPLANATION
Pursuant to the Rules of Court, service of the above (designation of pleading or
document) was effected through registered mail because of the impracticability of
personal service. The office of the undersigned counsel is located at City of Batac,
Ilocos Norte while that of the adverse counsel is located at Laoag City, Ilocos Norte
and there are no messengerial personnel in the employ of the undersigned counsel
who could effect personal service.
JUAN AYSION SANTOS

Plaintiffs
FORMAL OFFER OF EVIDENCE

PAOAY-CURRIMAO
ILOCOS NORTE
JUAN AYSION SANTOS
Plaintiff,
-versus-

JOHN CHIU CO
Defendant.
x - - - - - - - - - - - - - - - - - - - - - - - - - - -x
FORMAL OFFER OF EVIDENCE

Plaintiff, through counsel, respectfully offers in evidence, the following
exhibits:
Exhibit (Annex)
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Description
Contract of lease
Certification to file action
Sinumpaang Salaysay
Demand letter
National Archives, Certification
TCT NO. 174317 issued by the Register Of Deeds of
Batac City
WHEREFORE, it is respectfully prayed that the foregoing exhibits presented during

the trial of the instant case be admitted as evidence.
7
Other reliefs just and equitable are likewise prayed for.
Respectfully submitted.
Laoag City for ____________, Ilocos Norte. May 11, 2012.
CARINA MACAPUDNO
LAW OFFICES
Balintawak Street
2900 Laoag City
CARINA D. MACAPUDNO
Roll of Attys No. 53594-04/27/2007
IBP NO. 866059- I.N.-01/02/2012
PTR NO. 0375018-L.C.-01/02/2012

PAOAY-CURRIMAO
8

ILOCOS NORTE
JUAN AYSION SANTOS

Plaintiff,
-versus-

JOHN CHIU CO
Defendant.
x - - - - - - - - - - - - - - - - - - - - - - - - - - -x
ANSWER
ANSWER
(WITH SPECIAL AND AFFIRMATIVE DEFENSES AND COMPULSORY
COUNTERCLAIM)
DEFENDANT, JOHN CHIU CO through the undersigned counsel, unto this
Honorable Court, by way of Answer to the Complaint filed on May 10, 2012, the
summons and a copy of the complaint was served and received by Defendants on May
15, 2012, most respectfully pray for the dismissal of the complaint and in support
thereof, aver as follows:
Admission and Denials
1. Paragraph 1 of the Complaint is hereby admitted;
2. Paragraph 2 of the Complaint is hereby admitted;
3. Paragraph 3 of the Complaint that Defendants started to occupy Lot No.

4688 located at 129 Fairkes St., Fairville, Paoay, Ilocos Norte in 2003 by virtue of a
Contract of Lease is hereby admitted;
4. Paragraph 4 of the Complaint with respect to the existence of the Contract
of Lease is hereby admitted;
Special and Affirmative Defenses
5. Herein Defendants replead and incorporate the allegations contained in the
preceding paragraphs in so far as they are pertinent;
6. The complaint states no cause of action against herein Defendant, thus the
complaint filed by Plaintiffs should be dismissed outright;
7. To give a brief background of the case, it is noteworthy to state the following
facts:
a. That the defendants lease was extended two (2) months ago;
b. That as a consequence of the extension, the Plaintiff allowed the Defendant
to stay for 9 months. However, the Defendant was shocked when a couple of weeks
after the extension was made, the Plaintiff is asking him to vacate the property
immediately.
c. The same acts of the Plaintiff compelled the Defendant to incur litigation
accommodation of its lawyers and other personal expenses to be incurred in attending
the hearings of this case, etc., fixed at FIFTY THOUSAND PESOS (Php 50,000.00),
which the Defendant should also be held answerable therefore;
Compulsory Counterclaim
8. Herein Defendant re-pleads and incorporates by way of reference all the
allegations in the foregoing paragraphs;
9. Because of the unreasonable and unjustified filing by Plaintiffs of the said
case, Defendant was constrained to litigate and incurred expenses in the amount of
Thirty Thousand Pesos (P30,000.00) by way of attorneys fees and appearance fee at
One Thousand Five Hundred Pesos (P1,500.00) per hearing;
10
Prayer
WHEREFORE, premises considered, it is most respectfully prayed of this
Honorable Court that, after hearing:
1. The instant complaint BE DISMISSED for lack of cause of action.
2. Plaintiffs be ORDERED TO PAY herein Defendants the amount of
THIRTY THOUSAND PESOS (P30,000.00) as and by way of
ATTORNEYS FEES plus ONE THOUSAND FIVE HUNDRED
PESOS (P1,500.00) as appearance fee per hearing.
Other reliefs and remedies just and equitable under the premises are likewise
prayed for.
Batac City, Ilocos Norte for Paoay, Ilocos Norte, May 19, 2012.
________________________________
Roll No. 5119 / 05-05-2005
PTR No. 01722636 Batac, Ilocos Norte 01-022012
IBP No. 809725 - Batac, Ilocos Norte 11-29-2011
MCLE Compliance No. III-0016643
TIN 241-922-397

ILOCOS NORTE
) S.S.
11
JUAN AYSION SANTOS
NOTARY PUBLIC
12

PAOAY-CURRIMAO
_______LAW OFFICES
Balintawak Street
2900 Laoag City
Please take notice that counsel has requested to be heard on Friday, 13 May 2012 at
Atty.____________
Copy furnished:
Atty.____________
Date: _______________

EXPLANATION
13

JUAN AYSION SANTOS

Plaintiffs
MOTION FOR EXTENSION OF TIME
14

PAOAY-CURRIMAO
ILOCOS NORTE
JUAN AYSION SANTOS

Plaintiff,
-versus-

JOHN CHIU CO
Defendant.
x - - - - - - - - - - - - - - - - - - - - - - - - - - -x
PLAINTIFF, by counsel, respectfully states that:
1. He has been directed to file a Reply to defendants Answer by 10 May 2012.
2. The undersigned counsel, however, anticipates his inability to file the Reply
on or before the said due date because of the tremendous pressure of other
equally urgent professional work requiring the preparation of pleadings and
almost daily trial appearances before the various courts within and outside
Ilocos Norte. For this reason, the undersigned is constrained to ask for an
additional fifteen (15) days from 10 May 2012, or until 25 May 2012, within
which to submit plaintiffs Reply.
3. This motion is not intended for delay but is motivated only by the foregoing
reason.
15
WHEREFORE, plaintiff respectfully prays that he be granted an additional fifteen

(15) days from 10 May 2012, or until 25 May 2012, within which to submit plaintiffs
Reply.
(_______LAW OFFICES
Balintawak Street
2900 Laoag City
PAOAY-CURRIMAO
16

JUAN AYSION SANTOS
NOTARY PUBLIC
PAOAY-CURRIMAO
_______LAW OFFICES
Balintawak Street
2900 Laoag City
17
Atty.____________
Copy furnished:
Atty.____________
Date: _______________

EXPLANATION
JUAN AYSION SANTOS

Plaintiffs
18
Ex Parte Motion to Set for Pre-Trial:

PAOAY-CURRIMAO
ILOCOS NORTE
JUAN AYSION SANTOS
Plaintiff,
-versus-

JOHN CHIU CO
Defendant.
x - - - - - - - - - - - - - - - - - - - - - - - - - - -x
EX PARTE MOTION TO SET CASE FOR PRE-TRIAL
1. On 18 May 2012, defendant submitted his Reply to the Complaint, thereby
causing the issues to be joined.
2. This case is, thus, ripe for pre-trial. Complying with Rule 18, Section 1 of the
1997 Rules on Civil Procedure, plaintiff respectfully asks that this case be set
for pre-trial.
WHEREFORE, plaintiff respectfully prays that this case be set for pre-trial on a date
convenient to this Honorable Court.
19
_____________________________
LAW OFFICES
Balintawak Street
2900 Laoag City
______________________________
Roll of Attys No. 53594-04/27/2007
IBP NO. 866059- I.N.-01/02/2012
PTR NO. 0375018-L.C.-01/02/2012

PAOAY-CURRIMAO
20
JUAN AYSION SANTOS
NOTARY PUBLIC
PAOAY-CURRIMAO
_______LAW OFFICES
Balintawak Street
2900 Laoag City
21
Atty.____________
Copy furnished:
Atty.____________
Date: _______________

EXPLANATION
JUAN AYSION SANTOS

Plaintiffs
22
REPLY
PAOAY-CURRIMAO
ILOCOS NORTE
JUAN AYSION SANTOS

Plaintiff,
-versus-

JOHN CHIU CO
Defendant.
x - - - - - - - - - - - - - - - - - - - - - - - - - - -x
REPLY
COMES NOW Plaintiff through the undersigned counsel and hereby
respectfully states that:
1. In the Defendants Answer, the said defendant stated that plaintiff allowed him to
extend the lease of the property in question;
2. Defendant is evidently misleading the court in alleging the claim in as much as the
plaintiff did not extend such lease. Neither is there any evidence of such
extension;
23
PRAYER
WHEREFORE, Plaintiff respectfully prays that judgment be rendered in his favor
in accordance with the original prayer set forth in the plaintiffs complaint.
________________________________
Roll No. 5119 / 05-05-2005
TIN 241-922-397
24

ILOCOS NORTE
) S.S.
VERIFICATION AND
CERTIFICATION OF NON-FORUM SHOPPING

I, JOHN CHIU CO, of legal age, Filipino citizens and residents of Brgy. 9, San
Pedro, Paoay, Ilocos Norte, hereby depose and say that:
1. I am the Defendant in the above-entitled case;
2. I have caused the preparation of the foregoing ANSWER, the factual allegations
of which are true and correct to the best of our personal knowledge and
authentic records in our possession;
3. I deny under oath the allegations in the Complaint, the truth being those
mentioned in our Special and Affirmative Defenses in the above Answer
4. I certify and attest that we have not theretofore filed or commenced, and I have
no knowledge of any case, action or proceeding involving the same issues
between the same parties herein as pleaded in our counterclaims, and pending
before the Supreme Court, the Court of Appeals or any other court, tribunal or
administrative agency;
5. If I should thereafter learn that any such case, action or proceeding has been
initiated, we undertake to inform this Court of such fact within five(5) days
from notice/knowledge thereof.
JOHN CHIU CO
CTC No. 29657183
Issued on: 01/03/2012
Issued at: Laoag City, Ilocos Norte
25
SUBSCRIBE AND SWORN to before me this ________________________,

in the City of Batac, Ilocos Norte, affiants, exhibited to me a competent proof of
identity, copies of which are hereto attached and are made integral parts hereof.
NOTARY PUBLIC
Copy furnished:
Atty.____________
Counsel for Plaintiffs
Date: _______________
Balintawak Street
2900 Laoag City
EXPLANATION
JOHN CHIU CO
Defendant
26
PRE-TRIAL BRIEF (PLAINTIFF)

PAOAY-CURRIMAO
ILOCOS NORTE
JUAN AYSION SANTOS

Plaintiff,
-versus-

JOHN CHIU CO
Defendant.
x - - - - - - - - - - - - - - - - - - - - - - - - - - -x
PRE-TRIAL BRIEF
PLAINTIFF, by counsel, respectfully submits his PRE-TRIAL BRIEF, as
follows:
I.
WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND

POSSIBLE TERMS OF ANY SUCH SETTLEMENT
I.1
Subject to a concrete proposal that is fair and reasonable and a

reciprocal manifestation of openness from the Defendant, Plaintiff is
open to the possibility of amicably settling this dispute.
I.2
Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, Plaintiff

submits that the desired terms of any amicable settlement would
involve, first, ---27
II.
SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION

OF FACTS
II.1
Defendant admits the personal circumstances of the Plaintiff as stated

in the Complaint wherein there is a Contract of Lease executed but he
was allowed to extend in the lease of the property.
III.
ISSUES TO BE TRIED OR RESOLVED

III.1 Plaintiff submits the following issues:
III.1.1Defendant is responsible for the delay. It is evidently
misleading the Court in alleging the claim as much as the
plaintiff did not extend such lease.
IV.
DOCUMENTS OR EXHIBITS TO BE PRESENTED

IV.1 Plaintiff intends to present again the following documents:
Exhibit (Annex)
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Description
Contract of lease
Certification to file action
Sinumpaang Salaysay
Demand letter
National Archives, Certification
TCT NO. 174317 issued by the Register Of
Deeds of Batac City
V.
RESORT TO DISCOVERY
V.1
Considering the relatively simple issues presented, Plaintiff does not

intend to avail of discovery at this time.
V.2
Subject, however, to a concrete and reasonable request for discovery

from Defendant, Plaintiff reserves the right to resort to discovery
before trial.
VI.
NUMBERS AND NAMES OF WITNESSES

VI.1 Plaintiff intends to present the following witness:
28
VI.1.1Plaintiff himself who will testify on the true circumstances

leading to the filing of the suit.
VI.2 Plaintiff reserves the right to change his witnesses and/or present
additional witnesses, if necessary.
RESPECTFULLY SUBMITTED.
Laoag City for ____________, Ilocos Norte, May 10, 2012.
_____________________________
LAW OFFICES
Balintawak Street
2900 Laoag City
____________________________
Roll of Attys No. 53594-04/27/2007
IBP NO. 866059- I.N.-01/02/2012
PTR NO. 0375018-L.C.-01/02/2012
CITY OF LAOAG
) S.S.
29
JUAN AYSION SANTOS
NOTARY PUBLIC
PAOAY-CURRIMAO
_______LAW OFFICES
30

Balintawak Street
2900 Laoag City
Atty.____________
Copy furnished:
Atty.____________
Date: _______________

EXPLANATION
JUAN AYSION SANTOS

Plaintiffs
31
PRE-TRIAL BRIEF (DEFENDANT)

PAOAY-CURRIMAO
ILOCOS NORTE
JUAN AYSION SANTOS

Plaintiff,
-versus-

32

JOHN CHIU CO
Defendant.
x - - - - - - - - - - - - - - - - - - - - - - - - - - -x
PRE-TRIAL BRIEF
DEFENDANT, by counsel and to this Honorable Court, respectfully submits
this Pre-Trial Brief compliance with the trial courts order dated, May 10, 2012.
I
Defendant is willing to enter into an amicable settlement of the case, under term
and condition agreeable to both parties and submit to alternative modes of dispute
resolution;
II
Defendant admits the following facts:
A. The paragraph 1 to 4 of the complaint.
III
Issues to be resolved are the following:
A. Whether or not the plaintiff has cause of action .
B. Whether or not this Honorable Court has jurisdiction over the subject
matter of the case.
C. Whether or not the plaintiff is the real party in interest.
D. Whether or not the plaintiff fails to comply with Sec. 4129(a), local
Government Code on Barangay conciliation and Sec 18 and 19, 1991
Revised Rule on Summary Procedure, in relation to sec. 12 and 13 Rule
70, Rules of Court .
E. Whether or not the plaintiff fails to shows proof that the defendant
actually received a demand letter to vacate the subject property
F. Whether or not the plaintiff fails to give three (3) months notice in
advance prior to the filing of the case in violation of Sec. 9(e), R.A. No.
9653.
G. Whether the complaint was filed harass the defendant.
III
33
The Defendant intends to present the following Documentary evidence:

A.
B.
C.
D.
E.
F.
Contract of Lease ( Annex A, Complaint);

Certification to file action (Annex B , Complaint);
Sinumpaang Salaysay ( Annex C , Complaint);
Demand letter (Annex D , Complaint);
National Archives, Certification ( Annex E)
TCT NO. 174317 issued by the Register Of Deeds of City of Batac.
IV
Defendant reserves the right to present additional documentary evidence and

witnesses in the course of the proceedings.
RESPECTFULLY SUBMITTED.
Batac City, Ilocos Norte for Paoay, Ilocos Norte, March 19, 2012.
Roll No. 5119 / 05-05-2005
TIN 241-922-397
Copy furnished:
Atty.____________
Counsel for Plaintiffs
Date: _______________
Balintawak Street
34
2900 Laoag City
EXPLANATION
JUAN AYSION SANTOS
Plaintiff
Motion for Postponement:
PAOAY-CURRIMAO
ILOCOS NORTE
JUAN AYSION SANTOS

Plaintiff,
-versus-

JOHN CHIU CO
Defendant.
x - - - - - - - - - - - - - - - - - - - - - - - - - - -x
35
MOTION FOR POSTPONEMENT

1. This case is set for trial on 5 May 2007 at 8:30 in the morning.
2. On said date and time, the undersigned counsel will be unable to appear
before this Honorable Court as he has also been directed to appear on this date and
time before the Regional Trial Court of Makati City, Branch 139 for People of the
Philippines v. Bil Moko, Criminal Case No. 009988, where he is scheduled to
terminate cross-examination of the prosecutions expert witness who will be available
only on said date and time.
3. Without impugning the importance of these proceedings, plaintiff
respectfully submits that his attendance in the Makati case becomes indispensable;
otherwise, the accused in said case would be deprived of the opportunity to confront
and cross-examine a vital witness against her.
4. This motion is prompted only by the foregoing reason and not for delay.
WHEREFORE, plaintiff respectfully prays that the trial scheduled on 5 May 2007 be
POSTPONED to another date convenient to this Honorable Court.
_______LAW OFFICES
Balintawak Street
2900 Laoag City
36
PAOAY-CURRIMAO
_______LAW OFFICES
Balintawak Street
2900 Laoag City
Atty.____________
Copy furnished:
Atty.____________
Date: _______________
EXPLANATION
37

JUAN AYSION SANTOS
Plaintiffs
Motion for Extension of Time:

PAOAY-CURRIMAO
ILOCOS NORTE
JUAN AYSION SANTOS

Plaintiff,
-versus-

JOHN CHIU CO
Defendant.
x - - - - - - - - - - - - - - - - - - - - - - - - - - -x
38

1. He has been directed to file a Reply to defendants Answer by 10 May 2007.
2. The undersigned counsel, however, anticipates his inability to file the Reply
on or before the said due date because of the tremendous pressure of other
equally urgent professional work requiring the preparation of pleadings and
almost daily trial appearances before the various courts within and outside
Metro Manila. For this reason, the undersigned is constrained to ask for an
additional fifteen (15) days from 10 May 2007, or until 25 May 2007, within
which to submit plaintiffs Reply.
3. This motion is not intended for delay but is motivated only by the foregoing
reason.
WHEREFORE, plaintiff respectfully prays that he be granted an additional fifteen
(15) days from 10 May 2007, or until 25 May 2007, within which to submit plaintiffs
Reply.
(_______LAW OFFICES
Balintawak Street
2900 Laoag City
PAOAY-CURRIMAO
39
_______LAW OFFICES
Balintawak Street
2900 Laoag City
Atty.____________
Copy furnished:
Atty.____________
Date: _______________
EXPLANATION
40

JUAN AYSION SANTOS
Plaintiffs
POSITION PAPER
PAOAY-CURRIMAO
ILOCOS NORTE
JUAN AYSION SANTOS,

Plaintiff,
-versus-

JOHN CHIU CO,

Defendant.
X - - - - - - - - - - - - - - - - - - - - - - - - - - -X
41
POSITION PAPER FOR THE PLAINTIFF

PLAINTIFF, by counsel, unto this Honorable Office, respectfully submits this
Position Paper in the above entitled case, and alleged that:
THE CASE
The case arose from the expiration of the lease agreement between the plaintiff
and defendant and the latters subsequent refusal to vacate the formers property.
Plaintiff now prays for the ejectment of the defendant and the payment of damages.
FACTS OF THE CASE
1. Plaintiff JUAN AYSION SANTOS, with residence and postal address at #123
Narra St., Fairville, Paoay, Ilocos Norte where they may be serve with court
2. Defendant JOHN CHIU CO is a resident of #123 Acacia St., Fairville, Paoay,
Ilocos Norte where he may be serve with summons, order and other court
processes;
3. Defendant was a lessee of the plaintitffs property in 129 Fairkes St., Fairville,
Paoay, Ilocos Norte;
4. That defendants lease expired 2 months ago;
5. That defendant refuses to turn over the said property even after demand is
made;
6. The same acts of the Defendant compelled the Plaintiff to incur litigation
(Php 50,000.00), which the Defendant should also be held answerable therefore;
42
ISSUE
1. Whether defendant should be ejected.
2. Whether plaintiff is entitled to damages.
ARGUMENTS
1. Under the law, where a person unlawfully deprives another of his property as in
this case, an ejectment case may be filed against the usurper.
2. Under the Civil Code, the plaintiff is entitled to moral and actual damages.
RESERVATIONS
Plaintiff respectfully reserves its right to file supplemental pleadings or adduce
additional evidence in due course of the proceedings whenever necessary and proper.
PRAYER
WHEREFORE, plaintiff prays that the relief he prayed for in his complaint be
granted and any such other relief which the court may award to the plaintiff which is
just and equitable under the circumstances.
Laoag City for ____________, Ilocos Norte. February 24, 2012.
_____________________________
LAW OFFICES
Balintawak Street
2900 Laoag City
43
______________________________
Roll of Attys No. 53594-04/27/2007
IBP NO. 866059- I.N.-01/02/2012
PTR NO. 0375018-L.C.-01/02/2012
POSITION PAPER

PAOAY-CURRIMAO
ILOCOS NORTE
JUAN AYSION SANTOS,

Plaintiff,
-versus-

JOHN CHIU CO,

Defendant.
X - - - - - - - - - - - - - - - - - - - - - - - - - - -X
POSITION PAPER FOR THE DEFENDANT

PLAINTIFF, by counsel, unto this Honorable Office, respectfully submits this
Position Paper in the above entitled case, and alleged that:
44
THE CASE
The case arose from the complaint filed by the Plaintiff against the defendant on
the alleged expiration of their lease agreement.
FACTS OF THE CASE
1. Plaintiff JUAN AYSION SANTOS, with residence and postal address at #123
Narra St., Fairville, Paoay, Ilocos Norte, where they may be served with court
2. Defendant JOHN CHIU CO is a resident of #123 Acacia St., Fairville, Paoay,
Ilocos Norte where he may be served with summons, order and other court
processes;
3. Defendant was a lessee of the plaintiffs property in 129 Fairkes St., Fairville,
Paoay, Ilocos Norte;
4. That defendants lease was extended 2 months ago;
5. That as a consequence of the extension, the Plaintiff allowed the Defendant to
stay for 9 months. However, the Defendant was shocked when a couple of
weeks after the extension was made, the Plaintiff is asking him to vacate the
property immediately.
6. The same acts of the Plaintiff compelled the Defendant to incur litigation
(Php 50,000.00), which the Defendant should also be held answerable therefore;
45
ISSUE
1. Whether the defendant should be ejected.
2. Whether the plaintiff is entitled to damages.
ARGUMENTS
1. Under the law, where a person unlawfully deprives another of his property, an
ejectment case may be filed against the usurper
2. Under the Civil Code, the plaintiff is entitled to moral and actual damages.
RESERVATIONS
Plaintiff respectfully reserves its right to file supplemental pleadings or adduce
additional evidence in due course of the proceedings whenever necessary and proper.
PRAYER
WHEREFORE, premises considered, it most respectfully prayed this Honorable
Court that the instant Case of Forcible Entry shall be dismissed for want of basis,
either in fact or in law.
Laoag City for ____________, Ilocos Norte. May 24, 2012.
_____________________________
LAW OFFICES
Balintawak Street
2900 Laoag City
______________________________
Roll of Attys No. 53594-04/27/2007
IBP NO. 866059- I.N.-01/02/2012
46
PTR NO. 0375018-L.C.-01/02/2012

E J E C T M E N T ( UNLAWFUL DETAINER)
ARBITRATION / COMPROMISE AGREEMENT

PAOAY-CURRIMAO
ILOCOS NORTE
JUAN AYSION SANTOS,
Plaintiff,
-versus-

JOHN CHIU CO,

Defendant.
X - - - - - - - - - - - - - - - - - - - - - - - - - - -X
COMPROMISE AGREEMENT
THE UNDERSIGNED PARTIES
JUAN AYSION SANTOS,
Resident of #123 Narra St., Fairville, Paoay, Ilocos Norte
AND
JOHN CHIU CO,
47
Resident of #123 Acacia St., Fairville, Paoay, Ilocos Norte

AGREE as follows:
1. That JOHN CHIU CO shall pay for the rent on the property including back
rentals;
2. The plaintiff shall drop this civil case against the defendant.
IN WITNESS WHEREOF, the Parties hereto have mutually and voluntarily agreed to
the above stipulations, and sign this Agreement, at the MUNICIPAL TRIAL COURT
of Paoay, Ilocos Norte, on this 16th day of June, 2012 for the consideration and
approval of the Honorable Court.
JUAN AYSION SANTOS
JOHN CHIU CO
Plaintiff
Defendant
Assisted by:
JUSTIN C. BERN
JESICA A. ASE
Mediator
Mediation-Supervisor/Coordinator
48
CONTRACT OF LEASE
CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS:
This Agreement made and entered into at Paoay, Ilocos Norte this 28th day of
February 2010 by and JOHN CHIU CO (LESSEE) and resident of Brgy. #123
Narra St., Fairville, Paoay, Ilocos Norte, and JUAN AYSION SANTOS, owner of the
property, of legal age, single and resident of Paoay, Ilocos Norte (LESSOR),
WITNESSETH that:
1. In consideration of a monthly rental of ONE THOUSAND PESOS
(P1,000.00) and the covenants made below, the LESSOR hereby LEASES to
the LESSEE a house and lot located at Cadastral Lot No. 4688, situated in
#123 Narra St., Fairville, Paoay, Ilocos Norte for a period of five (5) years
commencing on February 28, 2010 and ending on February 28, 2012;
2. The LESSEE covenants, as follows:
2.1 To pay the rentals on or before the fifth day of each month, without need
of demand at the residence of LESSOR;
2.2. To keep the premises in good and habitable condition, making the
necessary repairs and painting inside and outside the house;
2.3. Not to make major alterations and improvements without the written
consent of the LESSOR and in the event of such unauthorized major
alterations
and
improvements,
surrendering
ownership
over
such
improvements and alterations to the LESSOR upon expiration of this lease;

IN WITNESS WHEREOF, the parties have signed this contract on the date and the
place first mentioned.
49
_____________________
________________
JUAN AYSION SANTOS
JOHN CHIU CO
Lessor
Lessee
With my marital consent:
ASA WA
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for Paoay, Ilocos Norte, personally appeared on the 7th
of July 2007, the following persons, with their respective CTC details indicated
below:
JUAN AYSION SANTOS
CTC No. ____________ issued at/on
JOHN CHIU CO
CTC No. ____________ issued at/on
known to me to be the same persons who executed the foregoing instrument,

denominated as a Contract of Lease consisting of __ pages, signed on each and every
page by the parties and their instrumental witnesses, having acknowledged the same
before me as their own free and voluntary act and deed.
TO THE TRUTH OF THE FOREGOING, witness now my hand and seal on the date
and place mentioned above.
N.O. TARIO
Until December 31, 2013
PTR No. _________
Paoay, Ilocos Norte
Doc. No.
Page No.
50
Book No.
Series of 2013.
NOTICE OF APPEAL
COURT OF APPEALS
JUAN AYSION SANTOS,

Plaintiff,
-versus-

JOHN CHIU CO,

Defendant.
X - - - - - - - - - - - - - - - - - - - - - - - - - - -X
NOTICE OF APPEAL
The plaintiff by counsel hereby gives notice that he is appealing from the judgment of
this Honorable Court in the above-entitled case, dated ___________, a copy of which
was received by him on the ______ day of June, 2012, to the Court of Appeals.
Batac City, Philippines, this 20th day of June 2012.
_____________________________
LAW OFFICES
Balintawak Street
2900 Laoag City
______________________________
51
Roll of Attys No. 53594-04/27/2007

IBP NO. 866059- I.N.-01/02/2012
PTR NO. 0375018-L.C.-01/02/2012
Copy furnished:
Atty.____________
Date: _______________
EXPLANATION
personal service. The office of the undersigned counsel is located at (Makati City for
example) while that of the adverse counsel is located at (Baguio City for example),
JUAN AYSION SANTOS

Plaintiffs
52
RECORD ON APPEAL
COURT OF APPEALS
JUAN AYSION SANTOS,

Plaintiff,
-versus-

JOHN CHIU CO,

Defendant.
X - - - - - - - - - - - - - - - - - - - - - - - - - - -X
RECORD ON APPEAL
BE IT REMEMEBERED, that on the dates herein respectively mentioned, the
following proceedings were had in the Regional Trial Court of _______________:
1. That on _____________, the plaintiff-appellee filed a complaint against the
defendant-appellant, in the following:
(Copy complaint)
2. That_______________, the defendant-appellant filed his Answer to said complaint,
as follows:
(Copy complaint)
3. That after due hearing, the court, on ______________rendered the following
decision:
(Copy Decision)
4. That on______________, defendant-appellant filed a motion for reconsideration of
the following tenor:
53
(Copy Motion for reconsideration)

5. That on _______________, the court issued an order denying the said motion for
reconsideration, to wit:
6. That on_____________, defendant-appellant received notice of the said order
denying his motion for reconsideration, and on ___________ filed his Notice of
Appeal to the Court of Appeals as follows:
(Copy notice of appeal)
WHEREFORE, the defendant-appellant prays for the approval of this Record on
Appeal and that the same be transmitted to the Court of Appeal, together with all the
oral and documentary evidence give and presented at the trial of the above-entitled
case.
(Venue, date, signature)
54
APPELLANTS BRIEF
COURT OF APPEALS
JUAN AYSION SANTOS,

Plaintiff,
-versus-

JOHN CHIU CO,

Defendant.
X - - - - - - - - - - - - - - - - - - - - - - - - - - -X
APPELLANTS BRIEF
STATEMENT OF THE CASE
(Clear and concise statement of the nature of the action)
STATEMENT OF THE FACTS
(A summary of the proceedings, the appealed rulings and orders of the court, the
nature of the judgment and any other matters necessary to an understanding of the
nature of the controversy, with page references to the record)
THE ISSUES/ASSIGNMENT OF ERRORS ARGUMENT
(Under this heading, the appellant should argue on each assignment of error with
page reference to the record. The authorities relied upon shall be cited by page of the
report at which the case begins and the page of the report at which the citation is
found.)
55
1. First error;
2. Second error;
3. Third error.
RELIEF
(Under this heading, appellant should make specification of the order of judgment
which he seeks)
CITY OF LAOAG
) S.S.
JUAN AYSION SANTOS
56

NOTARY PUBLIC
57
APPELLEES BRIEF
COURT OF APPEALS
JUAN AYSION SANTOS,

Plaintiff,
-versus-

JOHN CHIU CO,

Defendant.
X - - - - - - - - - - - - - - - - - - - - - - - - - - -X
BRIEF FOR THE APPELLEE

BRIEF FOR THE APPELLEE
Appellee, thru counsel, and unto this Honorable Court respectfully submits the brief in
answer to that of the appellant.
COUNTER-STATEMENT OF FACTS
The statement of facts made by appellant in his brief is so insufficient and inaccurate
in many details that we prefer to make our own counterstatement of facts as appearing
in the records of this case.
(Here, state the facts of the case, with reference to the pages of the record in support
thereof, but without repetition of matters in the appellants statement of facts)
58
ARGUMENT
First alleged error: (here quote the first assignment of error made by appellant in his
brief.)
In answer to the above assignment of error allegedly committed by the lower court
_________________ (Here the appellee shall set forth references to the record. The
authorities reline on shall cited by the page of the report of which the case begins and
the page of the report at which the citation is found; viz, Macondray v. Eustaquio, 64
Phil. 446, 456.)
Second alleged error: (Here quote second assignment of error made by the appellant
in his brief.)
In answer to the above assignment of error allegedly committed by the lower court
___________________ (Here the appellee shall set forth his arguments in answer to
the second assignment of error, etc.)
IN VIEW OF THE FOREGOING, it is respectfully prayed that the appeal interposed
by the appellant in the above-entitled case be dismissed, with cost in both instances.
(Venue, date, signature)

(Explanation)
(Affidavit of service)
59
PETITION FOR REVIEW ON CERTIORARI

SUPREME COURT
MANILA
JUAN AYSION SANTOS,

Plaintiff,
-versus-

JOHN CHIU CO,

Defendant.
X - - - - - - - - - - - - - - - - - - - - - - - - - - -X
PETITION FOR REVIEW
PETITIONER in the above-entitled case, and unto this Honorable Court, respectfully
avers:
1. That the petitioner is JUAN AYSION SANTOS; that the respondent is JOHN
CHIU CO;
2. That the following, in brief, are facts of this:
SUMMARY STATEMENT OF FACTS
( Summary statement of the matters involved, in numbered paragraphs, attaching
copies of such matters necessary in the determination of the legal issues to be raised,
each copy being marked as Annex A,etc.)
60
3. The following assignment of errors had been made in the Court of Appeals, to
wit:______________________________________ ;
4. That there are special and important reasons consisting mainly of questions of law
justifying a review by this Honorable Supreme Court of the decision of the respondent
Court of Appeals (or Regional Trial Court, Etc., as the case may be). Among said
Reasons are the following:
REASONS FOR ALLOWANCE OF WRIT
(1) (Here raise only questions of law
(2) Which must be distinctly set
(3) Forth)
5. That attached to this petition is certified copy of the decision of the Court of
Appeals ( or RTC, etc., as the case may be) herein sought to be reviewed, marked
Annex___, together with twenty (20) printed copies of the record of appeal.
PRAYER
WHEREFORE, it is respectfully prayed that this petition for on writ of certiorari be
granted.
(Venue,date, signature)
CITY OF LAOAG
) S.S.
61
JUAN AYSION SANTOS
NOTARY PUBLIC
62
Republic of the Philippines

SUPREME COURT
Manila
THIRD DIVISION
JUAN AYSION SANTOS, G.R. No. 139442

Petitioner,
Present:
QUISUMBING, J., Chairperson,
- versus - CARPIO,
CARPIO MORALES,
TINGA, and
VELASCO, JR., JJ.
HON. COURT OF APPEALS Promulgated:
and MELBA TAN TE,
Respondents. August 6, 2012
x-----------------------------------------------------------------------------------------x
DECISION
VELASCO, JR., J.:
For unto every one that hath shall be given, and he shall have
abundance: but from him that hath not shall be taken away even
that which he hath.
Holy Bible, Matthew 25:29
63
The Case
This petition for review seeks to nullify the May 30, 2012 Decision and the June 16,
2012 Resolution of the Court of Appeals in CA-G.R. SP No. 49097, which reversed
the Decision of the Regional Trial Court (RTC), Branch 35, in Civil Case No. 9889174, and reinstated the Decision of the Municipal Trial Court (MTC)-Paoay
Currimao, which ordered petitioner Co to vacate the subject lot in favor of respondent
Tan Te.[1]
The Facts
Mr. Santos, owned the lot located at No. #123 Narra St., Fairville, Paoay, Ilocos
Norte. Petitioner, Mr. Co was a lessee, and he religiously paid rent over a portion of
the lot for well over 40 years. Sometime in 2009, a fire struck the premises and
destroyed, among others, petitioners dwelling. After the fire, petitioner returned to
the said lot and rebuilt their respective houses; simultaneously, Mr. Santos made
several verbal demands on petitioner, to vacate the lot but the latter did not
comply. On February 21, 2010, petitioner was served a written demand to vacate said
lot but refused to leave. Despite the setback, Mr. Santos did not initiate court
proceedings against his lessee.
On November 26, 2014, the disputed lot was sold by Mr. Santos to respondent Melba
Tan Te by virtue of the November 26, 2014 Deed of Absolute Sale. Respondent
bought the lot in question for residential purposes. Despite the sale, petitioner Mr. Co
did not give up the lot.
On January 14, 2015, petitioner was sent a written demand to relinquish the premises
which he ignored, prompting respondent Tan Te to initiate conciliation proceedings at
the barangay level. While respondent attempted to settle the dispute by offering
financial assistance, petitioner countered by asking PhP 500,000.00 for his house.
64
DECISION
Accordingly, the instant petition is REVERSED, the REINSTATEMENT of the
decision of the COURT OF APPEALS, REGIONAL TRIAL COURT and
MUNICIPAL TRIAL COURT, without pronouncement as to costs.
SO ORDERED.
Narvasa, CJ, Puno and Mendoza, JJ, concur.
65

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REPUBLIC OF THE PHILIPPINES

MUNICIPAL CIRCUIT TRIAL COURT

JUAN AYSION SANTOS

CIVIL CASE No. H-12346

(c) Pay plaintiff the cost of this suit.

REPUBLIC OF THE PHILIPPINES )

REQUEST FOR & NOTICE OF HEARING

CARINA MACAPUDNO LAW OFFICES

Registry Receipt No.___________

Counsel for Defendants

Marcos Avenue, Brgy. 10-N Lacub,

Post Office: ____________

Batac City Ilocos Norte

JUAN AYSION SANTOS

FORMAL OFFER OF EVIDENCE

CIVIL CASE No. H-12346

FORMAL OFFER OF EVIDENCE

WHEREFORE, it is respectfully prayed that the foregoing exhibits presented during

Other reliefs just and equitable are likewise prayed for.

REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION

JUAN AYSION SANTOS

CIVIL CASE No. H-12346

3. Paragraph 3 of the Complaint that Defendants started to occupy Lot No.

REPUBLIC OF THE PHILIPPINES )

VERIFICATION AND CERTIFICATION

THE BRANCH CLERK OF COURT

Registry Receipt No.___________

Counsel for Defendants

Marcos Avenue, Brgy. 10-N Lacub,

Post Office: ____________

Batac City Ilocos Norte

Pursuant to the Rules of Court, service of the above (designation of pleading or

JUAN AYSION SANTOS

MOTION FOR EXTENSION OF TIME

REPUBLIC OF THE PHILIPPINES

JUAN AYSION SANTOS

CIVIL CASE No. H-12346

WHEREFORE, plaintiff respectfully prays that he be granted an additional fifteen

IN WITNESS HEREOF, we have hereunto affixed our signature this

Registry Receipt No.___________

Counsel for Defendants

Marcos Avenue, Brgy. 10-N Lacub,

Post Office: ____________

Batac City Ilocos Norte

JUAN AYSION SANTOS

Ex Parte Motion to Set for Pre-Trial:

CIVIL CASE No. H-12346

REQUEST FOR & NOTICE OF HEARING

Registry Receipt No.___________

Counsel for Defendants

Marcos Avenue, Brgy. 10-N Lacub,

Post Office: ____________

Batac City Ilocos Norte

JUAN AYSION SANTOS

JUAN AYSION SANTOS

CIVIL CASE No. H-12346

REPUBLIC OF THE PHILIPPINES )

CERTIFICATION OF NON-FORUM SHOPPING

SUBSCRIBE AND SWORN to before me this ________________________,

Registry Receipt No.___________

Counsel for Plaintiffs

2/F Insular Life Building

Post Office: ____________