ABQs Conflict of Laws
ABQs Conflict of Laws
ABQs Conflict of Laws
ABC,
Plaintiff,
X----------------------------------------------X
states:
THE CASE
The instant case is for Unlawful Detainer filed by the plaintiff, ABC, against
THE FACTS
Riverside II, Mahayahay, Iligan City, is the lessee of the portion of the
property being leased by the plaintiff. He maintains a Vulcanizing and
3. The defendant has been leasing the said property since 2013, the
amount of which was previously Php 2,500. But later on became Php
Exhibit 2 to Exhibit-M;
with him scissors, wood, bolo, and the likes. As a matter of fact, the
Police Blotter of which is attached here as Exhibit 3. Not only that, the
7. Sometime in 2016, the defendant was able to know that the plaintiff
was not the owner of the property. That a certain Juan owns it and the
latter pays its Real Property Taxes, and that a Certificate of Title was
issued to him;
he was told that he have failed to appear for three (3) consecutive
times, considering that his place can easily be located and that he was
always around. The defendant felt he was deprived of his opportunity
10. The plaintiff instituted this case in order to eject the defendant.
ISSUE
Whether or not the defendant XYZ should be ejected from the the property.
DISCUSSION
The Defendant should not be ejected from the property and the instant
case should be dismissed due to the fact that there was no valid
RA 71601, to wit:
or proceeding involving any matter within the authority of the lupon shall be
xxx
each other.
1
AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 1991
2
G.R. 111915 September 30,1999
3
117 SCRA 953 (1982)
Equally helpful in this case is Royales vs Intermediate Appellate Court4
action and make his complaint vulnerable to dismissal on the ground of lack
The fact that the defendant was deprived of his opportunity to attend the
prematurity.
PRAYER
that this position paper be given due consideration in the resolution of this
DISMISSING the complaint for lack of merit and for failure to state a cause
Php 50,000 by way of moral damages; and other reliefs just and equitable
4
G.R. L-65072, January 31, 1984
VERIFICATION
I, XYZ, of legal age, Filipino, married, and bona fide resident of Purok
Riverside II, Mahayahay, Iligan City, under oath, hereby depose and state
as follows:
2. I have caused the preparation and filing of the foregoing Position paper;
3. I have read the contents thereof and the facts as stated therein are true
XYZ
Defendant
SUBSCRIBED AND SWORN to before me this 8th day of March, 2019 with
the Affiant exhibiting his Driver’s license No. 446335123 issued on January
2, 2017.
(Notary Public)