memo123456
Republic of the Philippines
MUNICIPAL TRIAL COURT
8th Judicial Region
FERNANDO PO CIVIL CASE NO. 06
Plaintiff, For: FORCIBLE ENTRY with damages.
-versus-
Spouses : Dingdong Dante and Marian Dante
Defendants.
x-----------------------------------------------------------x
MEMORANDUM
Defendant, thru Counsel and unto this Honorable Court, respectfully submits this memorandum.
I. Facts of the Case
1. On August 16,2013 Mr. Fernando Po thru his Counsel, Atty.Sonia S. Quiero filed Case No. 06 for Unlawful Detainer with damages against the defendants, spouses, Dingdong Dante and Marian Dante.
2. The plaintiff alleged that he is the absolute owner and registered owner of the remaining portion of Cad. Lot. 3642 at Brgy. Sawang, Tunga Leyte.
3. That the defendants are occupying said portion of the property by tolerance and are not paying rental, whatsoever, nor is there any contract/agreement, either written or otherwise, with the understanding that they will vacate the premises upon demand.
II. Issue of the Case
WHETHER OR NOT THE COMPLAINT IS SUFFECIENT TO WARRANT EJECTMENT AS A PROPER REMEDY OF THE PLAINTIFF?
III. Discussion/Arguments
An unlawful detainer may be filed in the proper Municipal Trial Court within one year after such unlawful deprivation or withholding of possession. To vest the Municipal Trial Court with jurisdiction to effect the ejectment of the occupant of the land in action for unlawful detainer, the complainant should embody such allegations clearly, showing facts constitutive of unlawful detainer as this proceeding is summary in nature. When the complainant fails to aver such facts, an action for forcible entry is not a proper remedy and thus, the Regional Trial Court has no jurisdiction over the case.1
In this case filed by Mr. Fernando Po, it did not alleged that he was deprived of possession of the disputed portion by force, intimidation, threat, strategy or stealth. It did not also state that they
MUNICIPAL TRIAL COURT
8th Judicial Region
FERNANDO PO CIVIL CASE NO. 06
Plaintiff, For: FORCIBLE ENTRY with damages.
-versus-
Spouses : Dingdong Dante and Marian Dante
Defendants.
x-----------------------------------------------------------x
MEMORANDUM
Defendant, thru Counsel and unto this Honorable Court, respectfully submits this memorandum.
I. Facts of the Case
1. On August 16,2013 Mr. Fernando Po thru his Counsel, Atty.Sonia S. Quiero filed Case No. 06 for Unlawful Detainer with damages against the defendants, spouses, Dingdong Dante and Marian Dante.
2. The plaintiff alleged that he is the absolute owner and registered owner of the remaining portion of Cad. Lot. 3642 at Brgy. Sawang, Tunga Leyte.
3. That the defendants are occupying said portion of the property by tolerance and are not paying rental, whatsoever, nor is there any contract/agreement, either written or otherwise, with the understanding that they will vacate the premises upon demand.
II. Issue of the Case
WHETHER OR NOT THE COMPLAINT IS SUFFECIENT TO WARRANT EJECTMENT AS A PROPER REMEDY OF THE PLAINTIFF?
III. Discussion/Arguments
An unlawful detainer may be filed in the proper Municipal Trial Court within one year after such unlawful deprivation or withholding of possession. To vest the Municipal Trial Court with jurisdiction to effect the ejectment of the occupant of the land in action for unlawful detainer, the complainant should embody such allegations clearly, showing facts constitutive of unlawful detainer as this proceeding is summary in nature. When the complainant fails to aver such facts, an action for forcible entry is not a proper remedy and thus, the Regional Trial Court has no jurisdiction over the case.1
In this case filed by Mr. Fernando Po, it did not alleged that he was deprived of possession of the disputed portion by force, intimidation, threat, strategy or stealth. It did not also state that they