REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Province Of Negros Oriental
Branch 7, Dumaguete City

Audec Tayko
case No. 2004-0138
Plaintiff
Collection of Sum of Money

Civil
For:

-----vs-----Manresa Espina
Defendant

x--------------------------x

DEFENDANT POSITION PAPER

PLAINTIFF, by counsel, and unto this Honorable Court by way

of compliance with the order dated ________________ copy
which was received _________________, respectfully submits
this Position Paper and in support thereof alleges as follows:

1. The case before the bench is a complaint for Collection

of Sum of Money filed by petitioner Audec Tayko
against defendant Manresa Espina. The petitioner
respectfully prays for the collection of the total amount
of P91,666.74 including the interest of 10% as penalty.

2. PARTIES
2.1 Plaintiff is the owner of a car company Tayko cars
incorporated duly oraganized in accordance with the
laws of the Republic of the Philippines with the
principal address at 1234 Sto. Nino Street,
Dumaguete City, Negros Oriental.

2.2 Defendant Manresa Espina of legal age, Filipino

citizen and is residing in Taclobo, Dumaguete City,
Negros Oriental.
3. On December 28, 2014, defendant obtained a loan from
Plaintiff in the sum of TWO HUNDRED THOUSAND
pesos (P200,000.00) to be paid on a monthly basis of
P16,666.68 thereby being paid fully on December 28,
2015 as evidence by a Promissory Note dated
December 28, 2014, photocopy of which is hereto
attached as Annex A.
3.1 Defendant was accused of an inability to pay a total
amount of P50, 000.04 covering the months stated
in the complaint. But the plaintiff did not provide
the proper calculations and basis on the 10%
interest stipulated in the complaint.
3.2 The alleged accusations of the complaint that the
defendant refused to pay on the agreed amount but
erroneous beyond reasonable doubt.
4. ISSUES
4.1 Whether or not the defendant is compelled to pay
the amount stated in the contract despite the date
stipulated has not arrived yet?
5. ARGUMENTS / DISCUSSION
5.1 No, the defendant cannot be compelled to pay the
total amount since the contract has not ended yet.
6. PRAYERS / RELIEFS
6.1 Defendant respectfully prayed that the Plaintiffs
complaint be dismissed with costs against the
Plaintiff.
6.2 The Defendant further prays for such other relief as
the Honorable Court may deem just and equitable.

Dumaguete City, Negros Oriental, __________________________.

VERIFICATION / CERTIFICATION

That I, MANRESA ESPIN, after having duly sworn to in

accordance with law, do hereby depose and say:
1. That I am the defendant in the above entitled case;

MANRESA ESPINA
Defendant

SUBSCRIBE and SWORN to before me this _______ day of

______________
at Dumaguete City, Negros Oriental. Exhibiting to me her
Community Tax Certificate No. ________________issued in
_________________ on _____________________.

Notary Public

Doc. No._________:

Page NO._________:
Book No._________:
Series No:________: