Republic of the Philippines MUNICIPAL TRIAL COURT Branch 11 Janiuay, Iloilo

SPOUSES JOSE RAMIREZ AND ROSE RAMIREZ Plaintiff, -versus-

CIVIL CASE NO. 123

For: FORCIBLE ENRTY ABEL ISOG, AND CAIN ISOG Defendants. X------------------------X

POSITION PAPER (for the Defendants)

Defendants,

thru

undersigned

counsel,

most

respectfully submits this position paper and avers, that:

Nature of this Case

This is an action for Forcible Entry commenced by the Plaintiff Spouses Jose Ramirez and Rose Ramirez against the defendants Abel Isog and Cain Isog. The subject matter of this action is a piece of land identified as Lot No. 2-E-7 situated at Baranggay Patongpatong, Janiuay, Iloilo under OCT No.111111 issued in the name of the late Abe Isog registered in the Registry of Deeds of Iloilo City.

Facts of the Case

The property was owned by Abe Isog as shown in the Certificate of Title under OCT No. 111111 attached hereto as Annex. A. The said Abe Isog was the mother of the

defendants Abel Isog and Cain Isog. That on April 30,2002, Abe Isog died in a car accident which is evident in the Certificate of defendants Death attached hereto as Annex B, and the became the owner of the said

automatically

property by way of intestate succession for the reason that they are the legal heirs of Abe Isog. That as early 2002, the defendants of Abel the Isog and Cain under Isog Lot begun No. to took and

possession

property

2-E-7

constructed a nipa hut thereon. On that December 12, 2010 the defendants Ramirez and were Rose surprised Ramirez

plaintiff

spouses

Jose

approached informed them that they were the lawful owners of the land and they acquired it through a sale because their mother never sold the said property when she was alive. On December 10, 2011 the defendants received a summon from the Municipal Court of Janiuay to answer for a

complaint filed against them for forcible entry. And on December 14, 2011 the defendant thru the undersigned

counsel filed an answer to the complaint.

Issues

1. Whether or not the defendants can be ejected by forcible entry under Rule 70 Section 1 of the Revised the Rules of Court. 2. Whether or not the defendants have rightfully owned the property under Lot No. 2-E-7 located at the Brgy. Patong-patong, Janiuay, Iloilo.

Discussion

On the first above stated issue the defendants cannot be ejected on the subject land for the reason that for forcible entry to attach the following circumstance must concur: (a) that the person is deprived of his property; (b) that such deprivation is due to force, intimidation, threat, strategy or stealth; and (c) such person has real title over such property. In this case there is no deprivation was made by the

defendant on the plaintiff because the property was already in the possession of defendant and the plaintiff only claim such land in December 2010 base on allegation of sale

between them and allege Noah Isog. This would only show that defendants was in a threat of losing the subject land which they lawfully inherited from their mother Abe Isog who already died. Moreover the plaintiff has never in

possession of such land from the time it was acquired by the defendants. In the case of Reyes vs. Sta. Maria the

Supreme

Court

held

that

Possession

de

facto

is

the

physical possession of real property. Possession de facto and not possession de jure is the only issue in a forcible entry case. Title is never an issue, but only but only prior physical possession. This would simply means that plaintiff had never in possession of the property as one of the elements of forcible entry.

On the second issue on whether the defendants have a valid title or right over the ownership of the property subject of this case. The answer is in the affirmative for the reason that they validly inherited such property by way of legal or intestate succession through representation of their dead father Noah Isog. The Civil Code provides that legal or intestate

succession takes place: If aperson dies without a will, or a void will, or one which has subsequently lost its

validty.In this case, the deceased Abe Isog, the mother of the defendants died in a car accident and left them without any will, they automatically become the owner of the land which was registered to Abe Isog. It was provided in the Civil Code that The primary heirs of the deceased, her

children, parents, ascendants or descendants, if she left without a will, will automatically inherit the properties owned by the deceased. This would clearly show that the property was lawfully acquired by the defendants Abel Isog and Isaac Isog. They have lawful and just title over such property as provided by law and for that reason they cannot be ejected on the subject parcel of land.

Recommendation 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. RESPECTFULLY SUBMITTED Iloilo City Philippines, December 14, 2011

CHARLENE G. ANDREO Counsel For the Defendants

Copy furnished: Atty. JAHZIEL P. FANTILANAN Counsel Brgy. San Agustin Iloilo City IBP no. 98765 Lifetime Member PTR no. 12345 January 30, 2012

VERIFICATION REPUBLIC OF THE PHILIPPINES) CITY OF ILOILO ) S.S. x---------------------------------x We, Abel and Cain Isog, all of legal age, Filipinos, residents of Barangay Ova Etsa, Maasin, Iloilo, after having been duly sworn to in accordance with the law, hereby depose and say : That we are defendants in the above entitled case; that we have caused the foregoing position paper to be prepared; that we have read and understood the allegations contained therein; and that the same are true and correct to the behest of our own personal knowledge and based on authentic records; That to the best of my knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any tribunal or agency; That if there is such other action or pending, I must state the status of the same; proceeding

That if I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals or agency, I undertake to promptly inform the aforesaid courts and such other tribunal or agency of that fact within five (5) days therefrom to the Court or agency wherein the original pleading and sworn certification contemplated herein have been filed.

Abel Isog TIN No. 342-343

Cain Isog TIN No. 1242-343

SUBSCRIBED AND SWORN to before me this 14th day of December 2011, at Iloilo City, Philippines.

CHARLENE ANDREO Notary Public

Doc No. 1; Page No. 1; Book No. I; Series of 2011.