Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
1
Mediation having failed, the Honorable Court set the Preliminary
Conference on July 12, 2019.
During the preliminary conference, defendant made the following
admissions:
1. He was furnished a Demand to Vacate dated February 8, 2019 by
plaintiffs;
2. A Certificate to File Action was issued the plaintiffs after the
parties failed to reach an amicable settlement in the barangay.
Upon marking of the parties’ respective exhibits on August 6, 2019,
they were directed to submit their respective Position Papers.
STATEMENT OF FACTS
Plaintiffs are the heirs of the late CONSOLACION AVERILLA
BELTRAN who died on February 2003. The deceased is the registered
owner of a parcel of covered by Original Certificate of Title No. 7772 1
situated at Sta. Cruz, Donsol, Sorsogon.
From the 1960s, Consolacion was in open, peaceful, physical and
continuous possession of said parcel of land. Before the martial law,
threatened by the presence of insurgents as well as threats received
from a former tenant in the area, Consolacion stopped going to Donsol,
Sorosogon. She resided and stayed in Nabua, Camarines Sur until her
death in February 2003. Residing almost a hundred kilometers away
from Sorsogon, Consolacion had no knowledge and information
regarding the status and condition of said land she left in Donsol,
Sorsogon.
Upon her death, Consolacion was survived by her children, herein
plaintiffs HENRIETTA B. ESPIRITU, STELA B. NEGLERIO,
GREGORIO A. BELTRAN, REYNALDO CASIANO BELTRAN and
NOEMI B. RODRIGUEZ who partitioned said property and had Transfer
Certificates of Title issued in their names. Transfer Certificate of Title
(TCT) No. T-89182 was one such title registered in the names of herein
plaintiffs. The property covered by said TCT is that portion of the
property occupied by defendants.3
The subject property was previously declared for tax purposes in the
name of Consolacion and now in the name of plaintiffs who are regularly
paying the real property taxes over the lot.
Said heirs and herein plaintiffs resided and stayed in the United
States in the 1970s up to the present. Being away from the country, they
likewise had no knowledge and information regarding the status and
condition of said parcel of land situated in Sta. Cruz, Donsol, Sorsogon.
1 Exhibit “A”.
2 Exhibit “B”.
3 Commissioner’s Report dated December 19, 2018.
2
Sometime on December 2016, plaintiff NOEMI B. RODRIGUEZ
came back to the Philippines. She then visited said parcel of land in Sta.
Cruz and to her surprise, she discovered that herein defendants have
surreptitiously and forcibly entered and occupied said property through
strategy and stealth. Defendants erected residential structures therein
without the consent and knowledge of Consolacion or herein plaintiffs.
Plaintiff NOEMI B. RODRIGUEZ thereby informed defendants that
she and her siblings are the owners of the land that they are occupying
and pleaded for them to vacate the property. Defendants, however,
refused to vacate and continued to occupy the same. They alleged that
they have either been permitted by the late Consolacion herself or a
certain Rosita Llamanzares, one of the tenants therein. They likewise
claim that they have been paying rental to a certain Zenaida Abrantes.
Plaintiffs, however, denies having any knowledge of such
arrangement. None of the alleged rental payments were received by
them or their late mother.
On June 5, 2017, plaintiffs furnished defendants with a Notice to
Vacate the property giving them thirty (30) days from receipt to
peaceably surrender possession of said property.4
Despite the lapse of the 30-day period, defendants unjustifiably
refused and continuously refused to vacate said property. This prompted
plaintiff NOEMI B. RODRIGUEZ to file the instant case for ejectment
against defendants. Her co-heirs and plaintiffs herein HENRIETTA B.
ESPIRITU, STELA B. NEGLERIO, GREGORIO A. BELTRAN and
REYNALDO CASIANO BELTRAN executed a Special Power of Attorney
in favor of NOEMI B. RODRIGUEZ to file and pursue the instant case
against defendants.5
ISSUES
I. Who is entitled to the possession of the subject property;
II. Whether or not defendant should be ejected from the subject
property;
III. Whether or not defendant should be required to pay plaintiffs an
amount for the use and occupation of the subject property,
damages, attorney’s fees and costs;
IV. Whether or not plaintiff has a cause of action.
DISCUSSION
I. PLAINTIFFS ARE ENTITLED TO THE SUBJECT PROPERTY.
Plaintiffs are the successors-in-interest of the owner of the property
Spouses Eleuterio and Rosario Galan. Plaintiffs are the children and
widow deceased of Rodolfo Galan, the son of Spouses Eleuterio and
3
Rosario. As such, plaintiffs are not only entitled to the ownership, but
also possession of the subject property.
Defendant, on the other hand, is a mere occupant of the property by
mere tolerance. Defendant’s mother Esperanza and his siblings were
allowed to temporarily stay in the property by Rosario in the 1960’s who
sporadically paid rentals during their stay. Defendant himself admitted
that he came to occupy the subject property when they rented a room
from Rosario.6
After some time, defendant stopped paying rent altogether. Being the
brother of plaintiff Azucena, his allowed to occupy the subject property
by mere tolerance.
6 Answer, par. 6.
7 RULES OF COURT, Rule 70, Sec. 1.
8 Delos Reyes v. Spouses Odones, 661 Phil. 676 (2011).
4
1. POSSESION BY CONTRACT OR TOLERANCE
In the instant case, plaintiffs’ predecessor-in-interest, the late
Rosario only permitted defendant together with his mother Esperanza
and siblings to temporarily stay in the property. This fact is even
admitted by defendant himself in his Answer. The payment of rental was
sporadic and irregular. This was further corroborated by defendant’s
sister, Lolita Pascual Candelaria who lived with them in the same
house.9
From the foregoing, it is clear that defendant’s possession of the
property was at first by contract and later on by mere tolerance upon
failure to pay rentals.
4. ACTION WAS FILED WITHIN ONE (1) YEAR FROM THE TIME
OF LAST DEMAND TO VACATE THE PROPERTY
5
The last Demand to Vacate was furnished the defendant on
February 2018 via courier.11 The receipt of the Demand to Vacate was
like part of defendant’s admissions during the preliminary conference.
The case of Unlawful Detainer was filed on March 20, 2019 or within the
one-year period.
The aforementioned requisites being present, defendant should be
ejected from the subject property.
III. DEFENDANT SHOULD BE MADE TO PAY FOR THE
OCCUPATION AND USE OF PROPERTY, DAMAGES, ATTORNEY’S
FEES AND COSTS.
The Rules of Court states that if after trial the court finds that the
allegations of the complaint are true, it shall render judgment in
favor of the plaintiff for the restitution of the premises, the sum
justly due as arrears of rent or as reasonable compensation for the
use and occupation of the premises, attorneys fees and costs.12
The recoverable damages in forcible entry and detainer cases thus
refer to rents or the reasonable compensation for the use and
occupation of the premises or fair rental value of the property and
attorneys fees and costs.13
6
Having categorically proven the following facts, plaintiffs have
established a cause of action against defendants, namely, the alleged
unlawful entry into the leased premises out of which three (3) reliefs
arise: (a) the restoration of the possession of the premises to plaintiffs;
(b) the claim for actual damages due to the losses suffered by plaintiffs
which consists in the deprivation of the use of the premises causing loss
of expected profits; and, (c) the claim for attorneys fees and costs of suit.
FORMAL OFFER OF DOCUMENTARY EXHIBITS
FOR THE PLAINTIFFS WITH MOTION TO MARK EXHIBITS
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H-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to William was furnished and received by
Melitante defendants.
H-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to William Melitante was furnished and received by
defendants.
I Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Felipe Malto was furnished and received by
defendants.
I-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Felipe Malto was furnished and received by
defendants.
I-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Felipe Malto was furnished and received by
defendants.
J Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Elsa Dongon was furnished and received by
defendants.
J-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Elsa Dongon was furnished and received by
defendants.
J-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Elsa Dongon was furnished and received by
defendants.
K Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Menchu Palima was furnished and received by
defendants.
K-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Menchu was furnished and received by
Palima defendants.
K-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Menchu Palima was furnished and received by
defendants.
L Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Leonardo Cruz was furnished and received by
defendants.
L-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Leonardo Cruz was furnished and received by
defendants.
L-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Leonardo Cruz was furnished and received by
defendants.
M Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Renante Ombao was furnished and received by
defendants.
M-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Renante was furnished and received by
Ombao defendants.
M-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Renante Ombao was furnished and received by
defendants.
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N Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Henry Melitante was furnished and received by
defendants.
N-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Henry was furnished and received by
Melitante defendants.
N-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Henry Melitante was furnished and received by
defendants.
O Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Malen Musa was furnished and received by
defendants.
O-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Malen Musa was furnished and received by
defendants.
O-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Malen Musa was furnished and received by
defendants.
P Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Melchor Samson was furnished and received by
defendants.
P-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Melchor was furnished and received by
Samson defendants.
P-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Melchor Samson was furnished and received by
defendants.
Q Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Mauricio was furnished and received by
Napucao, Sr. defendants.
Q-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Mauricio was furnished and received by
Napucao, Sr. defendants.
Q-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Mauricio Napucao, Sr. was furnished and received by
defendants.
R Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Arnold Pandaan was furnished and received by
defendants.
R-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Arnold was furnished and received by
Pandaan defendants.
R-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate Arnold Pandaan was furnished and received by
defendants.
S Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Amparo Palima was furnished and received by
defendants.
S-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Amparo was furnished and received by
Palima defendants.
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S-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Amparo Palima was furnished and received by
defendants.
T Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Armando was furnished and received by
Balonzo defendants.
T-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Armando was furnished and received by
Balonzo defendants.
T-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Armando Balonzo was furnished and received by
defendants.
U Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Eleanor Musa was furnished and received by
defendants.
U-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Eleanor Musa was furnished and received by
defendants.
U-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Eleanor Musa was furnished and received by
defendants.
V Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Marissa Musa was furnished and received by
defendants.
V-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Marissa Musa was furnished and received by
defendants.
V-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Marissa Musa was furnished and received by
defendants.
W Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Ariel Papina was furnished and received by
defendants.
W-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Ariel Papina was furnished and received by
defendants.
W-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Ariel Papina was furnished and received by
defendants.
X Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Marites Flores was furnished and received by
defendants.
X-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Marites Flores was furnished and received by
defendants.
X-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Marites Flores was furnished and received by
defendants.
Y Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Alven Balonzo was furnished and received by
defendants.
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Y-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Alven Balonzo was furnished and received by
defendants.
Y-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Alven Baonzo was furnished and received by
defendants.
Z Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Romulo Jimenez was furnished and received by
defendants.
Z-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Romulo was furnished and received by
Jimenez defendants.
Z-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Romulo Jimenez was furnished and received by
defendants.
AA Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Nida Mollasgo was furnished and received by
defendants.
AA-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Nida Mollasgo was furnished and received by
defendants.
AA-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Nida Mollasgo was furnished and received by
defendants.
BB Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Jerry Persia was furnished and received by
defendants.
BB-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Jerry Persia was furnished and received by
defendants.
BB-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Jerry Persia was furnished and received by
defendants.
CC Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Joel Llago was furnished and received by
defendants.
CC-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Joel Llago was furnished and received by
defendants.
CC-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Joel Llago was furnished and received by
defendants.
DD Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Delsa Lozano was furnished and received by
defendants.
DD-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Delsa Lozano was furnished and received by
defendants.
DD-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Delsa Lozano was furnished and received by
defendants.
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EE Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Diego Losito was furnished and received by
defendants.
EE1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Diego Losito was furnished and received by
defendants.
EE-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Diego Losito was furnished and received by
defendants.
FF Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Arnel Losito was furnished and received by
defendants.
FF-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Arnel Losito was furnished and received by
defendants.
FF-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Arnel Losito was furnished and received by
defendants.
GG Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Emelie Jimenez was furnished and received by
defendants.
GG-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Emelie was furnished and received by
Jimenez defendants.
GG-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Emelie Jimenez was furnished and received by
defendants.
HH Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Susan Losito was furnished and received by
defendants.
HH-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Susan Losito was furnished and received by
defendants.
HH-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Susan Losito was furnished and received by
defendants.
II Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Mary Grace was furnished and received by
Musa defendants.
II-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Mary Grace was furnished and received by
Musa defendants.
II-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Mary Grace Musa was furnished and received by
defendants.
JJ Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Junie Llago was furnished and received by
defendants.
JJ-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Junie Llago was furnished and received by
defendants.
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JJ-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Junie Llago was furnished and received by
defendants.
KK Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Salvacion Alves was furnished and received by
defendants.
KK-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Salvacion was furnished and received by
Alves defendants.
KK-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Salvacion Alves was furnished and received by
defendants.
LL Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Jose Losito was furnished and received by
defendants.
LL-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Jose Losito was furnished and received by
defendants.
LL-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Jose Losito was furnished and received by
defendants.
NN Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Nemesio Losito was furnished and received by
defendants.
NN-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Nemesio was furnished and received by
Losito defendants.
NN-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Salvador Llago was furnished and received by
defendants.
OO Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Salvador Llago was furnished and received by
defendants.
OO-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Salvador Llago was furnished and received by
defendants.
OO-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Celeste Pandaan was furnished and received by
defendants.
PP Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Celeste Pandaan was furnished and received by
defendants.
PP-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Celeste was furnished and received by
Pandaan defendants.
PP-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Celeste Pandaan was furnished and received by
defendants.
QQ Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Arnold Losito was furnished and received by
defendants.
13
QQ-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Arnold Losito was furnished and received by
defendants.
QQ-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Arnold Losito was furnished and received by
defendants.
RR Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Mauricio was furnished and received by
Napucao, Jr. defendants.
RR-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Mauricio was furnished and received by
Napucao, Jr. defendants.
RR-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Mauricio Napucao, Jr. was furnished and received by
defendants.
SS Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Felecitas Musa was furnished and received by
defendants.
SS-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Felecitas Musa was furnished and received by
defendants.
SS-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Felecitas Musa was furnished and received by
defendants.
TT Demand to Vacate dated June 5, To prove that a Demand to Vacate
2017 addressed to Elias Lozano was furnished and received by
defendants.
TT-1 Registry Receipt of Demand to To prove that a Demand to Vacate
Vacate Addressed to Elias Lozano was furnished and received by
defendants.
TT-2 Registry Return Receipt of Demand To prove that a Demand to Vacate
to Vacate to Elias Lozano was furnished and received by
defendants.
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plaintiffs from defendants.
VV DAR Notice of Mediation To prove that Reynaldo Losito was a
Conference dated June 7, 1978 former tenant of Consolacion A.
Beltran.
XX Pinagkasunduan dated June 22, To prove that Reynaldo Losito was a
1978 signed by Reynaldo Locito and former tenant of Consolacion A.
Consolacion Beltran Beltran.
YY Receipt dated July 15, 1978 signed To prove that Reynaldo Losito was a
by Reynaldo Locito former tenant of Consolacion A.
Beltran.
ZZ Receipt dated September 9, 1978 To prove that Reynaldo Losito was a
signed by Reginaldo Locito former tenant of Consolacion A.
Beltran.
AAA Affidavit of Reynalo Averilla dated To prove that plaintiffs appointed
March 20, 2018 Reynaldo Averilla as administrator of
the property on June 2017.
BBB Letter dated September 29, 2017 To prove that plaintiffs appointed
addressed to Nemesio Losito Reynaldo Averilla as administrator of
the property on June 2017.
BBB-1 Registry Receipt of Letter dated To prove that plaintiffs appointed
September 29, 2017 to Nemesio Reynaldo Averilla as administrator of
Losito the property on June 2017.
CCC Letter dated September 29, 2017 To prove that plaintiffs appointed
addressed to Arnold Losito Reynaldo Averilla as administrator of
the property on June 2017.
CCC- Registry Receipt of Letter of Letter To prove that plaintiffs appointed
1 dated September 29, 2017 Reynaldo Averilla as administrator of
addressed to Arnold Losito the property on June 2017.
DDD Commissioner’s Report dated To prove that the areas covered by
December 19, 2018 Clusters 2 and 3 are private property
of plaintiffs and should therefore be
vacated by defendants occupying the
same.
EEE Subdvision Plan of Lot 72, To prove that the areas covered by
Pls-765-D Clusters 2 and 3 are private property
of plaintiffs and should therefore be
vacated by defendants occupying the
same.
FFF Sketch Plan of Lot 72-A, To prove that the areas covered by
Gsd-05-000031 (AR) Clusters 2 and 3 are private property
of plaintiffs and should therefore be
vacated by defendants occupying the
same.
PRAYER
WHEREFORE, it is most respectfully prayed of this Honorable
Court that THE:
1. Submission of the foregoing Memorandum be NOTED;
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2. Aforesaid exhibits be admitted in evidence for plaintiffs for the
purpose or purposes for which they are being offered and further the
aforementioned exhibits be so marked;
3. Judgment be rendered in favor of plaintiffs ordering defendants
under Cluster 2 and 3 to vacate said property and peacefully and
voluntarily surrender possession thereof to plaintiffs and requiring
defendants to pay the following amounts:
a. P50,000.00 as moral damages;
b. P50,000.00 as exemplary damages;
c. )P100,000.00 as attorney’s fees plus P10,000.00 per court
appearance;
d. Monthly rental of P1,000.00 for the use and occupation the
property;
e. Costs.
Plaintiffs pray for such other relief as may be just and equitable
under the prevailing premises.
IRENE C. CUNANAN-ESTRELLADO
Counsel for the Plaintiffs
Unit ST5, Dona Elena Bldg., J. Miranda Avenue,
Concepcion Pequena, Naga City
Roll No. 54671
IBP A.R. No. 0354- 01/14/2019
PTR No. 0419146- 01/14/2019
MCLE Compliance No. VI- 0003349- 10/12/2017
Contact Nos. 09177938399/09399160827
COPY FURNISHED:
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VERIFICATION
2.) I have caused the foregoing Memorandum to be prepared and that I have
read the same and the allegations therein are true and correct of my personal
knowledge and based on authentic records;
3.) I have not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or different divisions
thereof, or any other tribunal or agency;
4.) No such action or proceeding is pending in the Supreme Court, the Court of
Appeals, or different divisions thereof, or any other tribunal or agency;
5.) If I should learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or different divisions
thereof, or any other tribunal or agency, we hereby undertake to notify this
Honorable Court within five days from such notice.
NOEMI B. RODRIGUEZ
Affiant
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