Summary Proceedings

Summary Proceedings

1. Complaint2. Answer3. Reply4. Trial Brief5. Pre-Trial Brief6. Arbitration-Compromise Agreement7. Position Paper8. Trial/Legal Memorandum

For Topics1. Sum of Money2. Forcible Entry3. Unlawful Detainder4. Ejectment5. Traffic Violation

SUM OF MONEY

REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT

BRANCH NO. 06Batangas City

ANNA KARINA ALVA Plaintiff,

Civil Case No. 19300For: Sum of Money

-versus-

GLEN BAWE Defendants.

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COMPLAINT

PLAINTIFF, by counsel and to this Honorable court, respectfully alleges:

1. Plaintiff is of legal age and a resident of Brgy. Recollectos, Rosario , Batangas. Defendant is of legal age and residing at Brgy. Zone 2, Batangas City.

2. On March 1, 2008, defendant borrowed P180,000 from plaintiff, payable within one year from said date, with 12% interest per annum, and to secure payment of such loans, he executed on the same date a real estate mortgage on his residential lot with an area of 200 sq. m. located at Brgy. Zone 2, Batangas City, and covered by TCT No. 8909 of the Registry of Deeds of Batangas City, and which is particularly described as follows:

a. A vacant lot in the eastb. The national highway in the westc. City road in the south , andd. Residential houses in the north

Copy of said real estate mortgage is attached hereto and made an integral part hereof as Annex “A”.

3. It is the condition of such mortgage that upon failure of defendant to pay his obligations within the stipulated period and suit is filed to effect payment, defendant agreed to pay liquidated damages of P10,000 and attorney’s fees of P20,000.

4. The one-year period has expired without defendant paying the principal amount and interests thereon. Accordingly, plaintiff demanded of defendant to pay his overdue obligations, but notwithstanding such demands, both verbal and written, defendant refused and continue to refuse to pay the same.

WHEREFORE, plaintiff prays for judgment as follows:

a) Ordering defendant to pay plaintiff his principal obligation of P180,000, with 12% interest thereon per annum from March 1, 2008, as well as the liquidated damages of P10,000 and attorney’s fees of P20,000 plus costs.

b) Issuing a decree of foreclosure for the sale at public auction of the above-described parcel of land, and for disposition of the proceeds thereof in accordance with law, upon failure of defendant to pay in full his obligations within the period set by law.

August 9, 2012 in the City of Batangas.

Atty. Alma Fides Espinosa Counsel for the Plaintiff

11234 Cornell st., Bel- Air, MakatiRoll of Attorney No. 948798888IBP No 4798273188, Manila

PTR No. 8012358 Jan. 5, 2009, Manila MCLE Compliance No. 10-0610, Jan,5,2012

VERIFICATION

I, under oath, aver that:

(a) I am the plaintiff in the afore-titled case;

(b) I caused the preparation of the Complaint;

(c) I read it and its contents are true of my own knowledge.

ANNA KARINA ALVA

Affiant

SUBSCRIBED AND SWORN to before me this 7th of day of October, 2009 in Batangas City, affiant having exhibited to me her Driver’s License No. 12345 issued at Mabini, Batangas on January 10, 2011.

ATTY. RENE C. CRUZ, JR. Notary Public

Until December 31, 2012PTR No. 1234578 1/12/08 Mla.IBP No. 6789 1/2/07 Mla.

ROA 98765

Doc. No. 13Page No. 3Book No. 7Series of 2009

CERTIFICATE OF NON-FORUM SHOPPING

Under oath, the undersigned hereby certifies that he has not earlier commenced a similar action against the defendant for the same cause with any other court, tribunal or quasi-judicial agency.

ANNA KARINA ALVA

Affiant

SUBSCRIBED AND SWORN to before me this 7th day of October, 2009 in Makati City, affiant having exhibited to me his Driver’s License No. 12345 issued at Mabini, Batangas on January 10, 2007.



ROA 98765

Doc. No. 14

Page No. 4Book No. 7Series of 2009.





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ANSWER WITH COMPULSORY COUNTERLAIM

COMES NOW, respondent is Glen Bawe, Filipino, of legal age and address at B71, Lot 86, Imus, Cavite by and through his undersigned counsel, and to this Honorable Court respectfully states:

(1) That he admits paragraph 1 of the complaint;

(2) That he denies paragraph 2 of the complaint, the truth being that he wanted to borrow P180,000 pesos and discussed with her the said collateral but the agreement was never consummated and no monies nor properties were promised.

(3) That she lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 3, and 4of the complaint and therefore, specifically denies the same;

By way of compulsory counterclaim, answering defendant alleges:

(1) That the allegations in paragraph 1 to 3 of the answer are hereby reproduced and reiterated;

(2) That the filing of the malicious and ground less action by the plaintiff against answering defendant has caused the latter mental anguish, serious anxiety and embarrassment and has besmirched reputation for which he should be compensated by way of moral damages the amount of which, though not capable of pecuniary estimation would not be less than P5,000.00.

WHEREFORE, premises considered answering defendant respectfully prays to the Honorable Court render judgment as follows:

(1) By dismissing the complaint against answering defendant;

(2) By ordering plaintiff to pay answering defendant moral damages amounting to not less than P5000 plus exemplary damages as the Honorable Court may find reasonable plus attorney's fees of P500 and the costs of suit;

Answering defendant prays for such other and further relief as may be just and equitable in the premises.

Makati for Manila, Philippines, August 14, 2012.

Atty. Alma Fides EspinosaCounsel for the Defendant11234 Cornell st., Bel- Air, MakatiRoll of Attorney No. 948798888IBP No 4798273188, Manila


Verification/Certification

I, Glen Bawe, Filipino, of legal age and address at B71, Lot 86, Imus, Cavite, after having been duly sworn to law, depose and say

(1) T hat I am the defendant, counter claimant in above entitled case.(2) That I have caused the preparation of the foregoing complaint; I have read the

allegations therein and certify that the same are true and correct of my own personal knowledge.

(3) That I further certify that plaintiff have not commenced any other action involving the same issues, before the Supreme Court, Court of Appeals or any division thereof or any division thereof any tribunal or agency; to the best of my knowledge no such action is pending before Supreme Court, Court of Appeals or tribunal or agency and,

(4) That in the event that any action involving the same should be made known, I hereby bind myself to report the same within five days from knowledge thereof to this Honorable Court.

Witness Whereof, I hereunto set my hand this 25th day of August 2012 at Makati, Philippines.

Glen BaweDefendant-CounterClaimant

SUBSCRIBED AND SWORN to before me this 10th day of August at

Makati City, defendant Counter-Claimant having exhibited to me he CTC 123456 issued on July 25, 1970 at Makati City.



ROA 98765

Doc. No.:Page No.:Book No.:Series of 1970:

Copy furnished:Atty. Alma Fides EspinosaCounsel for the Plaintiff

Republic of the Philippines)City of Batangas) Sc.

REPLY AFFIDAVIT

I, ANNA KARINA ALVA, Brgy. Recollectos, Rosario , Batangas. Defendant is of legal age and residing at Brgy. Zone 2, Batangas City.

1. That I am reiterating my allegation in my affidavit that last October 08, 2012 GLEN BAWE borrowed money at the amount of P180,000 and has not returned the money since.

2. That even with verbal and written demands, the money has not been paid to me by the respondent.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 10th day of November 2009, in Batangasi City.

ANNA KATRINA ALVAREZAffiant

SUBSCRIBED AND SWORN to before me this 10th day of November 2009. I hereby certify that I have personally examined the affiant and I am satisfied that he voluntarily executed and understood her reply affidavit.

Agapito B. RosalesCity Prosecutor





-versus-


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DECISION BASED ON COMPROMISE AGREEMENT

Plaintiff ANNA KARINA ALVA, filed this case against defendant GLEN BAWE for sum of money in the amount of One hundred and Eighty Thousand Pesos( Php 180,000.00) as principal obligation which became due and demandable.

The parties however reached an amicable settlement and submitted to the court a compromise agreement, the terms and conditions are as follows:

COMPROMISE AGREEMENT

Comes Now, the parties ANNA KARINA ALVA and defendant GLEN BAWE and unto this Honorable Court respectfully submit this Compromise Agreement.

a. Defendant acknowledges that he is obligated to the plaintiffs for a total amount of One hundred twenty Thousand Pesos (Php 120,000)

b. Defendant promises and undertakes to pay the aforementioned amount to the plaintiff in monthly instalments of Php 10,000 for the Eighteen months on the 30th month and every month thereafter until fully paid;

c. Said monthly instalment payments shall start on October 30, 2012 and every end of the month thereafter until fully paid and shall be deposited in the name of the plaintiffs with Account No. 943491312466, China Bank, San Pablo City Branch until full payment and in accordance with the following schedules;

October 30, 2012 10,000November 30, 2012 10,000

December 30, 2012 10,000January 30, 2013 10,000February 28, 2013 10,000March 30, 2013 10,000April 30, 2013 10,000May 30, 2013 10,000June 30. 2013 10,000July 30, 2013 10,000August 30, 2013 10,000

d. That if defendant fails to comply with one (1) instalment, the obligation shall become due and demandable

e. That upon full compliance of defendant with the abovecited terms, plaintiff Anna Alvarez will deliver to defendant Glendale Bawe all the checks subject of this case issued in their name as well as other related legal documents signed by the latter in the plaintiff’s possession.

f. The parties agree that the approval of this agreement by the court shall put an end to this litigation, except for the purposes of execution in case of default.

WHEREFORE, premises considered, the parties respectfully pray that the Honorable Court approve this Compromise Agreement and render judgment on the basis thereof.

San Pablo City, September 25, 2012.

ANNA KARINA ALVA GLEN BAWE Plaintiff Defendant




ROA 98765






-versus-


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POSITION PAPER FOR THE PLAINTIFF

PLAINTIFF, by counsel and unto this Honorable Office, most respectfully submit this Position Paper and state:

PARTIES

Plaintiff is of legal age and a resident of Brgy. Recollectos, Rosario , Batangas. Defendant is of legal age and residing at Brgy. Zone 2, Batangas City.

Defendant is Glen Bawe, Filipino, of legal age and address at B71, Lot 86, Imus, Cavite

STATEMENT OF THE CASE

This is an action for sum of money files by complainant, ANNA KARINA ALVA against the respondent Glen Bawe. Complainant is asking of P180,000, One hundred eighty thousand due to her from the loan she gave Glen Bawe supposedly based on collateral on a residential lot located at payable within one year from said date, with 12% interest per annum, and to secure payment of such loans, he executed on the same date a real estate mortgage on his residential lot with an area of 200 sq. m. located at Brgy. Zone 2, Batangas City, and covered by TCT No. 8909 of the Registry of Deeds of Batangas City, and which is particularly described as follows:



But since March 1, 2008, with verbal and letter requests, hereon attached on Annex “E” defendant has been deaf to the pleas of the plaintiff and is now requesting this honorable court for remedy and to address the wrong done agains the plaintiff by the defendant.

DISCUSSION

The plaintiff humbly submit that there is just cause for the action and that defendant must pay up to uphold the rule of law.

RELIEF



b) Issuing a decree of foreclosure for the sale at public auction of the above-described parcel of land, and for disposition of the proceeds thereof in accordance with law, upon failure of defendant to pay in full his obligations within the period set by law.





VERIFICATION





ANNA KARINA ALVA

Affiant




ROA 98765




ANNA KARINA ALVA

Affiant




ROA 98765

Doc. No. 14Page No. 4Book No. 7Series of 2009.





-versus-


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POSITION PAPER FOR THE DEFENDANT

COMES NOW, respondent is Glen Bawe, Filipino, of legal age and address at B71, Lot 86, Imus, Cavite by and through his undersigned counsel, and to this Honorable Court respectfully states that there is no cause for the complaint as there was no actual monies give by the plaintiff and that the position of the complainant is completely groundless and malicious and there is no just cause for the action and should be summarily dismissed.

PARTIES


Defendant is Glen Bawe, Filipino, of legal age and address at B71, Lot 86, Imus, Cavite


This is an action for sum of money files by complainant, ANNA KARINA ALVA against the respondent Glen Bawe. Complainant is asking of P180,000, One hundred eighty thousand due to her from the loan she gave Glen Bawe supposedly based on collateral on a residential lot located at payable within one year from said date, with 12% interest per annum, and to secure payment of such loans, he executed on the same date a real estate mortgage on his residential lot with an area of

200 sq. m. located at Brgy. Zone 2, Batangas City, and covered by TCT No. 8909 of the Registry of Deeds of Batangas City, and which is particularly described as follows:




DISCUSSION

The Respondent humbly submit that there is no just cause for the action and that defendant must pay up to uphold the rule of law. Simply because there was no such transaction that took place and respondent should be free and clear of any wrong doing that plaintiff may impute.

RELIEF

WHEREFORE, respondent prays for judgment as follows:

a) Ordering respondent to pay plaintiff P180,000, for moral damages and metal anguish wrought by the plaintiff.

b) Dismiss the complaint outright





VERIFICATION





ANNA KARINA ALVA

Affiant




ROA 98765




ANNA KARINA ALVA

Affiant




ROA 98765



BRANCH NO. 06

Batangas City



-versus-


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MEMORANDUM PLAINTIFF

Through the undersigned counsel, unto this Honorable Supreme Court most respectfully submit and present this Memorandum in the above titled case and aver that:

THE PARTIES

Plaintiff respondent is Anna Karina Alva, of legal age and presently living in Rosario Batangas

Respondent is Glen Bawe, of legal age and presently living in Imus, Cavite

PROCEDURAL BACKGROUND

Sometime on October 2008, plaintiff gave respondent a loan of P180,000 pesos in which respondent has not returned since even after numerous requests both verbal and written to the respondent to no avail.

ISSUES OF THE CASE

I. Whether or not plaintiff has just cause for this action

ARGUMENTS

I. The court must uphold the rule of law and compel respondent to return the money asked for with damages

DISCUSSION

There is no doubt that Plaintiff has just cause with the case with all the facts given and evidence presented. Respondent should be compelled to return the money owed to her by the plaintiff.

PRAYER

Wherefore, it is prayed that after due notice and hearing, a judgment be rendered ordering:

1. The defendant and all persons claiming right under him to return the money owed.

2. The defendant to pay the plaintiff the due since May 1, 2009 until the former shall have actually vacated said house;

3. The defendant to indemnify the plaintiff for P15,000, as attorney’s fees, and for costs of suit and the expenses of litigation.

Plaintiff further prays for such reliefs as may be just and equitable in the premises.

Municipality of Rosario, October 1, 2009.




VERIFICATION

I, under oath, aver that: (a) I am the plaintiff in the afore-titled case; (b) I caused the preparation of the Complaint; (c) I read it and its contents are true of my own knowledge.

Glendale BaleteAffiant

SUBSCRIBED AND SWORN to before me this 1st day of October, 2009 in Rosario, Batangas, affiant having exhibited to me his Driver’s License No. 12345 issued at Paranaque City on January 10, 2007.



ROA 98765






-versus-


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MEMORANDUM OF DEFENDANT


THE PARTIES


Respondent is Glen Bawe, of legal age and presently living in Imus, Cavite


Sometime on October 2008, RESPONDENT have no idea of the load supposedly given to him and therefore has not responded with the numerous request by the plaintiff

ISSUES OF THE CASE


ARGUMENTS

I. The court must uphold the rule of law and compel plaintiff to stop and desist the action which has no factual and legal basis.

DISCUSSION

There is no doubt that Plaintiff has no cause with the case with all the facts given and evidence presented. Respondent should not be compelled to return the money allegedly owed to her by the plaintiff.


(3) By dismissing the complaint against answering defendant;

(4) By ordering plaintiff to pay answering defendant moral damages amounting to not less than P5000 plus exemplary damages as the Honorable Court may find reasonable plus attorney's fees of P500 and the costs of suit;

















ROA 98765



FORCIBLE ENTRY




Civil Case No. 19300For: Forcible Entry

-versus-


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COMPLAINT

PLAINTIFF, by counsel and to this Honorable court, respectfully alleges:

1. Plaintiff is of legal age and a resident of Brgy. Recollectos, Rosario , Batangas. Defendant is of legal age and residing at Brgy. Zone 2, Batangas City.

2. She is the owner of a house and lot in 22 Tondo st., Bgy Sitio, Rosario Batangas.

3. On or about January 20, 2009, defendants, by means of force strategy, and stealth, unlawfully entered said parcel of land and ejected plaintiff’s encargado, for and on plaintiff’s behalf, and prevented him from entering the parcel of land by force.

4. Since the date of above mentioned, defendants have remained in illegal possession of the parcel of land and have built temporary shelters therein and up to the present still retain such possession thereof even after written demands to vacate the land was given on January 21, 2011.

5. The reasonable rental value of the said house and lot is P10,000 a month and the damage done to the property due to their illegal possession has contributed to making the property undesirable to those who may want to lease it legally.

6. On January 22, 2011, he has filed a complaint with the local Barangay, but efforts of the latter provided futile, as defendants adamantly refused to vacate the premises, constraining the Barangay council to issue a certificate to file the instant complaints copy of which certificate is attached hereto as Annex “A”.

PRAYER


1. The defendant and all persons claiming right under him to vacate the house 22 Tondo St., Bgy Sitio, Rosario, Batangas

2. The defendant to pay the plaintiff the rentals due since May 1, 2009 until the former shall have actually vacated said house;







VERIFICATION






ROA 98765


REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT BRANCH NO. 06

Batangas City



-versus-


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ANSWER WITH COMPULSORY COUNTERLAIM

COMES NOW, respondent is Glen Bawe, Filipino, of legal age and address at B71, Lot 86, Imus, Cavite by and through his undersigned counsel, and to this Honorable Court respectfully states:

1) That he admits paragraph 1 of the complaint;

2) That he has been of the rightful possession of the said property located at 22 Tondo St., Bgy Sitio, Rosario, Batangas

3) He has had no knowledge that the actual property is owned by someone else and has been paying a certain “dodong” monthly rentals amounting to P4,000 for the use of the said house and lot.

4) He has no knowledge of said owner until plaintiff has made claims ont the property.


1. By dismissing the complaint against answering defendant;

2. By ordering plaintiff to pay answering defendant moral damages amounting to not less than P5000 plus exemplary damages as the Honorable Court may find reasonable plus attorney's fees of P500 and the costs of suit;



ROA 98765







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REPLY AFFIDAVIT


1. That I am reiterating my allegation in my affidavit that last October 08, 2012 GLEN BAWE has been by means of force strategy, and stealth, unlawfully entered said parcel of house and land and ejected plaintiff’s encargado, for and on plaintiff’s behalf, and prevented him from entering the parcel of land by force.

2. That even with verbal and written demands, the have not vacated said property has not been paid to me by the respondent.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 10th day of November 2009, in Batangas City.

ANNA KARINA ALVAAffiant







-versus-


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Plaintiff ANNA KARINA ALVA, filed this case against defendant GLEN BAWE for sum of money in the amount of One hundred Thousand Pesos( Php 100,000.00) as principal obligation which became due and demandable due to the possession of a house and lot located at Rosario Batangas




a. Defendant acknowledges that he is obligated to the plaintiffs for a total amount of One hundred Thousand Pesos (Php 100,000) as arrears

b. Defendant promises and undertakes to pay the aforementioned amount to the plaintiff in monthly instalments of Php 10,000 for the Eighteen months on the 30th month and every month thereafter until fully paid plus existing monthly rentals.

c. Said monthly instalment payments shall start on October 30, 2012 and every end of the month thereafter until fully paid and shall be deposited in the name of the plaintiffs with Account No. 943491312466, China Bank, San Pablo City Branch until full payment and in accordance with law;


e. That upon full compliance of defendant with the abovecited terms, plaintiff Anna Alvarez will deliver to defendant Glendale Bawe all the checks subject

of this case issued in their name as well as other related legal documents signed by the latter in the plaintiff’s possession.



San Pablo City, September 25, 2012.





ROA 98765



BRANCH NO. 06

Batangas City



-versus-


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PARTIES


Defendant is Glen Bawe, Filipino, of legal age and address 22 Tondo st., Bgy Sitio, Rosario Batangas.


This is an action for forcible entry filed by complainant, ANNA KARINA ALVA against the respondent Glen Bawe. Complainant is asking of P100,000, One hundred thousand due to her from back rentals due to the illegal possession of her property


DISCUSSION


RELIEF







VERIFICATION





ANNA KARINA ALVA

Affiant




ROA 98765




ANNA KARINA ALVA

Affiant




ROA 98765






-versus-


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PARTIES




This is an action for forcible entry filed by complainant, ANNA KARINA ALVA against the respondent Glen Bawe. Complainant is asking of P100,000, One hundred thousand due to her from back rentals due to the illegal possession of her property


DISCUSSION

The RESPONDENT humbly submit that there is no just cause for the action and that plaintiff’s claims are without merit and should be dismissed outright since there has been no real stipulation of facts that would support the contention of the plaintiff.

RELIEF


a) To dismiss outright the claim of the plaintiff for lack of merit.

b) To pay respondent P100,000 for moral damages due to the mental anguish cause by such complaint plus attorney’s fees.





VERIFICATION





ANNA KARINA ALVA

Affiant




ROA 98765




ANNA KARINA ALVA

Affiant




ROA 98765



Batangas City



-versus-


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THE PARTIES




Sometime on October 2008, plaintiff found that respondent has been by means of force strategy, and stealth, unlawfully entered said parcel of house and land and ejected plaintiff’s encargado, for and on plaintiff’s behalf, and prevented him from entering the parcel of land by force.

ISSUES OF THE CASE


ARGUMENTS

I. The court must uphold the rule of law and compel respondent to either vacate the premises or pay rentals and arrears.

DISCUSSION

There is no doubt that Plaintiff has just cause with the case with all the facts given and evidence presented. Respondent should be compelled to vacate or pay rentals

PRAYER


1. The defendant and all persons claiming right under him to return the possession of the property .








VERIFICATION






ROA 98765



Batangas City

ANNA KARINA ALVA

Plaintiff,


-versus-


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MEMORANDUM DEFENDANT


THE PARTIES





ISSUES OF THE CASE

I. Whether or not PLAINTIFF has just cause for this action

ARGUMENTS

I. The court must uphold the rule of law and compel PLAINTIFF to dismiss the case outright for lack of merit and facts to support its claim.

DISCUSSION


PRAYER


1. The PLAINTIFF to desist in the baseless claim of forcible entry

2. The PLAINTIFF to pay the DEFENDANT to damages and expenses of litigation.

Defendant further prays for such reliefs as may be just and equitable in the premises.





VERIFICATION






ROA 98765


UNLAWFUL DETAINER




Civil Case No. 19300For: Unlawful Detainer

-versus-


x---------------------------------------------------------------------------------------------xCOMPLAINT

Plaintiff avers that:

(1) He is of legal age and a resident Rosario Batangas;

(2) Last October 1, 2008, he leased to the defendant the house Lot 34 Bgy Sitio Rosario Batangas;

(3) The stipulated lease is P150,000 payable by the end of 2010;

(4) The defendant failed to pay at August 16, 2010;

(5) Last September 1, 2010, he demanded that the defendant vacate the said house; however, the latter has refused;

6. He had to engage the services of counsel for which he agreed to pay P15,000 for attorney’s fees.

PRAYER


1. The defendant and all persons claiming right under him to vacate the house at Rosario Batangas

2. The defendant to pay the plaintiff the rentals due since May 1, 2010 until the former shall have actually vacated said house;



City of Batangas, October 1, 2010.



PTR No. 8012358 Jan. 5, 2009, Manila

MCLE Compliance No. 10-0610, Jan,5,2009

VERIFICATION



SUBSCRIBED AND SWORN to before me this 1st day of October, 2009 in Makati City, affiant having exhibited to me his Driver’s License No. 12345 issued at Paranaque City on January 10, 2007.



ROA 98765






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x---------------------------------------------------------------------------------------------xANSWER

Respondent avers that:

(1) He is of legal age and a resident Lot 34, Bgy Sitio, Rosario Batangas

(2) He absolutely no knowledge of plaintiff’s allegation with regard to rentals paid and alleging that plaintiff is the owner thereof of where the defendant lives;

(3) The stipulated rental lease is P5,000 payable by the end of every month and has been paying religiously with attached receipts as “Annex G”

(4) He has no other knowledge and does not acknowledge none of the plaintiff’s allegation.

PRAYER


1. The plaintiff and all persons claiming right under him to leave him in quiet possession of said propety

2. The plaintiff to indemnify the plaintiff for P15,000, as attorney’s fees, and for costs of suit and the expenses of litigation.



Atty. Alma Fides Espinosa

Counsel for the Plaintiff11234 Cornell st., Bel- Air, MakatiRoll of Attorney No. 948798888IBP No 4798273188, Manila

PTR No. 8012358 Jan. 5, 2009, Manila


VERIFICATION






ROA 98765



REPLY AFFIDAVIT


1. That I am reiterating my allegation in my affidavit that last October 01, 2009 against GLEN BAWE, the respondent.


IN WITNESS WHEREOF, I have hereunto affixed my signature this 10th day of March 2010, in Batangas City.








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Plaintiff ANNA KARINA ALVA, filed this case against defendant GLEN BAWE for unlawful detainer due arrears amounting to P160,000 pesos




g. Defendant acknowledges that he is obligated to the plaintiffs for a total amount of One hundred Thousand Pesos (Php 160,000) as arrears

h. Defendant promises and undertakes to pay the aforementioned amount to the plaintiff in monthly instalments of Php 10,000 for the Sixteen months on the 30th month and every month thereafter until fully paid plus existing monthly rentals.

i. Said monthly instalment payments shall start on October 30, 2010 and every end of the month thereafter until fully paid and shall be deposited in the name of the plaintiffs with Account No. 943491312466, China Bank, San Pablo City Branch until full payment and in accordance with law;

j. That if defendant fails to comply with one (1) instalment, the obligation shall become due and demandable

k. That upon full compliance of defendant with the abovecited terms, plaintiff Anna Alvarez will deliver to defendant Glendale Bawe all the checks subject of this case issued in their name as well as other related legal documents signed by the latter in the plaintiff’s possession.

l. The parties agree that the approval of this agreement by the court shall put an end to this litigation, except for the purposes of execution in case of default.


Batangas City, September 25, 2010.





ROA 98765




ANNA KARINA ALVA

Plaintiff,


-versus-


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PARTIES

Plaintiff is of legal age and a resident of Brgy. Recollectos, Rosario , Batangas.



This is an action for unlawful detainer filed by complainant, ANNA KARINA ALVA against the respondent Glen Bawe. Complainant is asking of P160,000, One hundred thousand due to her from back rentals due to the illegal possession of her property

But since February 1, 2010, with verbal and letter requests, hereon attached on Annex “E” defendant has been deaf to the pleas of the plaintiff and is now requesting this honorable court for remedy and to address the wrong done agains the plaintiff by the defendant.

DISCUSSION


RELIEF







VERIFICATION





ANNA KARINA ALVA

Affiant



Until December 31, 2012

PTR No. 1234578 1/12/08 Mla.IBP No. 6789 1/2/07 Mla.

ROA 98765




ANNA KARINA ALVA

Affiant




ROA 98765






-versus-


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PARTIES






DISCUSSION


RELIEF








VERIFICATION





ANNA KARINA ALVA

Affiant



Until December 31, 2012PTR No. 1234578 1/12/08 Mla.

IBP No. 6789 1/2/07 Mla.ROA 98765




ANNA KARINA ALVA

Affiant




ROA 98765



Batangas City

ANNA KARINA ALVA

Plaintiff,


-versus-


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THE PARTIES





ISSUES OF THE CASE


ARGUMENTS


DISCUSSION


PRAYER










VERIFICATION






ROA 98765



Batangas City


Civil Case No. 19300

For: Forcible Entry-versus-


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



THE PARTIES





ISSUES OF THE CASE


ARGUMENTS


DISCUSSION

There is no doubt that Plaintiff has just cause with the case with all the facts given and evidence presented. Respondent should be not compelled to vacate or pay rentals

PRAYER









VERIFICATION






ROA 98765


EJECTMENT




Civil Case No. 19300For: EJECTMENT

-versus-


x---------------------------------------------------------------------------------------------xCOMPLAINT

Plaintiff avers that:

(1) He is of legal age and a resident Rosario Batangas; (2) That the defendant is of legal age, Filipino, Bgy 134 Sitio, Rosario Batangas(3) That the plaintiff is the true, lawful and registered absolute owner of that

parcel of land (Lot 542- B of the Subdivision Plans, Fls. 3101-D, containing an area of 5,000 square meters, more or less as described and embraced in TCT No, RT- 3235621 of the Register of Deeds of Batangas City, copy of which is hereto attached as Annex “B”;

(4) That the plaintiff has declared the said property under Tax Declaration No. B- 593495-97531, copy of which is hereto attached as Annex “C”;

(5) That the plaintiff has been religiously paying the real estate tax due thereon, the latest Tax receipt for 2007 is hereto attached as Annex “D”;

(6) That after the relocation survey of the property, conducted by Geodetic Engineer Manuel Sator sometime in August 2007, of thereabout it was found

that the defendant and his family have put up a dwelling unit on the portion of the aforesaid property without the knowledge and consent of the Plaintiff and it seems that the defendant has been occupying the premises, as shown by the improvements introduced therein, for quite a long time already;

(7) That demand to vacate has remained unheeded, but defendant failed and refuse to vacate and to pay rentals, for which reasons, plaintiff is constraint to bring this action against the defendant and to retain the services of counsel therefore and incurred a considerable amount of money for attorney’s fees and other litigation expenses, as may be proved in the course of proceedings in this case, copy of which is hereto attached as Annexes “E” and “E-1” respectively.

WHEREFORE, it is respectfully prayed of this Honorable Court to render judgment in favour of the plaintiff and against the defendant and anyone claiming right under him, to vacate the premises and to remove and demolish his dwelling structure from said parcel of land as hereinabove described and embraced in TCT No. TCT No, RT- 3235621 of the Registry of Deeds of Quezon City, free from any lien and encumberance whatsoever and;

a) To pay a monthly rental of minimum of P 300.00 per square meter of the area being occupied by him beginning January 10, 2008 and thereafter, until he and all those claiming rights under him and actually vacate the premises and peacefully surrender possession thereof to the plaintiff or to her authorized representatives;

b) To remove and demolish the dwelling unit or structure he erected therein at his own expense, otherwise, removal and demolition thereof shall be charged against the defendant; and

c) To pay attorney’s fees and other litigation expenses incurred in connection therewith.

Plaintiff, likewise prays for such other reliefs as this Honorable Court may deem just and equitable under the premises.

Quezon City Metro Manila, September 17, 2010.



PTR No. 8012358 Jan. 5, 2009, Manila


VERIFICATION AND CERTIFICATION

I, ANNA KARINA ALVA , of legal age, Filipino and with address Rosario Batangas

1. That I am the plaintiff of the abovestated case;2. That I have caused the preparation of the foregoing complaint; and I have read

the allegations therein and certify that the same are true and correct of my own personal knowledge;

3. That I further certify that plaintiff have not commenced any action involving the same issues, before the Supreme Court, Court of Appeals, the different of divisions thereof, or in any other court, tribunal or agency. To the best of my knowledge, no such other actions or proceedings are pending before the Supreme Court, Court of Appeals, the different divisions thereof, or in any othe court, tribunal or agency; and

4. That in the event that any action involving the same should be made known, I hereby by bind myself to report the same within five (5) days therefrom to this court.

IN WITNESS WHEREOF, I have hereunto set my hands this September 17, 2008 at Quezon City, Philippines.

ANNA KARINA ALVAAffiant

SUBSCRIBED AND SWORN to before me this 18th day of September 2008 by the affiant who exhibited to me his Community Tax Certificate No. 43546456 issued at Batangas City, Philippines on January 19, 2008.

Atty. Rene CruzNotary PublicUntil December 31, 2008PTR No. 1234578

1/12/08 Mla.IBP No. 6789 1/2/07 Mla.ROA 98765

Doc No. Page No. Book No. Series of 2008.


BRANCH NO. 06

Batangas City


Civil Case No. 19300For: Ejectment

-versus-


x---------------------------------------------------------------------------------------------xANSWER

Respondent avers that:

(1) He is of legal age and a resident Lot 34, Bgy Sitio, Rosario Batangas

(2) He absolutely no knowledge of plaintiff’s allegation with regard to ownership of his residence.

(3) The stipulated rental lease is P5,000 payable by the end of every month and has been paying religiously with attached receipts as “Annex G”

(4) He has no other knowledge and does not acknowledge none of the plaintiff’s allegation.

PRAYER


1. The plaintiff and all persons claiming right under him to leave him in quiet possession of said propety

2. The plaintiff to indemnify the plaintiff for P15,000, as attorney’s fees, and for costs of suit and the expenses of litigation.





PTR No. 8012358 Jan. 5, 2009, Manila


VERIFICATION






ROA 98765



REPLY AFFIDAVIT


3. That I am reiterating my allegation in my affidavit that last October 01, 2009 against GLEN BAWE, the respondent.


IN WITNESS WHEREOF, I have hereunto affixed my signature this 10th day of March 2010, in Batangas City.








-versus-


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


Plaintiff ANNA KARINA ALVA, filed this case against defendant GLEN BAWE for unlawful detainer due arrears amounting to P160,000 pesos




a. Defendant acknowledges that he is obligated to the plaintiffs for a total amount of One hundred Thousand Pesos (Php 160,000) as arrears

b. Defendant promises and undertakes to pay the aforementioned amount to the plaintiff in monthly instalments of Php 10,000 for the Sixteen months on the 30th month and every month thereafter until fully paid plus existing monthly rentals.





g. Defendant agrees that at any point where defendant fails in any part of the agreement, he must vacate the premises immediately







ROA 98765



BRANCH NO. 06

Batangas City



-versus-


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



PARTIES

Plaintiff is of legal age and a resident of Brgy. Recollectos, Rosario , Batangas.



This is an action for ejectment filed by complainant, ANNA KARINA ALVA against the respondent Glen Bawe. Complainant is asking of P160,000, One hundred thousand due to her from back rentals due to the illegal possession of her property

But since February 1, 2010, with verbal and letter requests, hereon attached on Annex “E” defendant has been deaf to the pleas of the plaintiff and is now requesting this honorable court for remedy and to address the wrong done agains the plaintiff by the defendant.

DISCUSSION


RELIEF







VERIFICATION





ANNA KARINA ALVA

Affiant




ROA 98765




ANNA KARINA ALVA

Affiant




ROA 98765






-versus-


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



PARTIES






DISCUSSION


RELIEF








VERIFICATION





ANNA KARINA ALVA

Affiant




ROA 98765




ANNA KARINA ALVA

Affiant




ROA 98765



Batangas City



-versus-


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



THE PARTIES





ISSUES OF THE CASE


ARGUMENTS


DISCUSSION


PRAYER










VERIFICATION






ROA 98765



Batangas City

ANNA KARINA ALVA

Plaintiff,


-versus-


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



THE PARTIES





ISSUES OF THE CASE


ARGUMENTS


DISCUSSION


PRAYER









VERIFICATION






ROA 98765


REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURTMakati City

People of the PhilippinesPlaintiff,

CRIM CASE No. 12345-versus- I.S. No. 93420-21

For: Violation of R.A. 4136

GLENN BALEAccused.

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

COMPLAINT

Complainant P01 Dominador Dominguez, with residence at 204 Bago St., Makati City and within jurisdiction of the Honorable Court, hereby accuses Jose dela Cruz of the crime of violation of R.A. 4136 namely driving without a license, committed as follows:

That on January 2, 2012, accused on a vehicle, a 2007 Honda Civic with license plate ZZZ 111 was seen crossing Buendia Ave. cor Filmore st., Makati City at approximately 2 pm in the afternoon when P01 Dominguez with unerring nerves of steel and sixth sense flagged down the said vehicle on the corner of Filmore and Buendia ave., Makati and politely asked the accused for his drivers license in which the accused refused to give him stating that it was not on his person and it was with his “yaya” consequently named as Perdita Diones. Therewith Sp01 Dominguez issued him a ticket with ticket number 101 dated January 2, 2012 and thereby stating in that ticket the respondent is driving without a license under RA 4136.

The attached herewith in support of this complaint are copies of the said ticket as Annex “A”

Contrary to law.

P01 Dominador DominguesComplainant

SUBSCRIBED AND SWORN to before me, the undersigned Prosecutor, this February day of 12th 2012 at Makati City

The undersigned Prosecutor certifies that he personally examined the complainant and that he is satisfied that he voluntarily executed and understood the complaint.

Rachel Ann Dimali2nd Asst. City Prosecutor(MCLE II- 001-5003)






GLENN BALEAccused.

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

ANSWER

With humble leave of court, the following is averred by, with regard to above cited criminal case, the accused

He with full and lawful intent was driving in Buendia when, he found out later on, that P01 Dominador Dominguez flagged his car, a Honda Civic 2007 with license plate ZZZ 111 and thereafter demanded “kotong” for him or he will confiscate my license which he was asking for. I vehemently refused since is against public polity and convenience.

Thereafter he warneed that alltime public policy show.




VERIFICATION





Until December 31, 2008

PTR No. 1234578 1/12/08 Mla.IBP No. 6789 1/2/07 Mla.

ROA 98765






GLENN BALEAccused.

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

REPLY AFFIDAVIT

Duly sworn I, SP01 Dominador Dominguez reiterates that accused was driving without a license and should be punished with the true meaning of law.

Affiant



GLENN BALEAccused.

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

COMPLAINT

Complainant P01 Dominador Dominguez, with residence at 204 Bago St., Makati City and within jurisdiction of the Honorable Court, hereby accuses Jose dela Cruz of the crime of violation of R.A. 4136 namely driving without a license, committed as follows:

That on January 2, 2012, accused on a vehicle, a 2007 Honda Civic with license plate ZZZ 111 was seen crossing Buendia Ave. cor Filmore st., Makati City at approximately 2 pm in the afternoon when P01 Dominguez with unerring nerves of steel and sixth sense flagged down the said vehicle on the corner of Filmore and Buendia ave., Makati and politely asked the accused for his drivers license in which the accused refused to give him stating that it was not on his person and it was with his “yaya” consequently named as Perdita Diones. Therewith Sp01 Dominguez issued him a ticket with ticket number 101 dated January 2, 2012 and thereby stating in that ticket the respondent is driving without a license under RA 4136.

The attached herewith in support of this complaint are copies of the said ticket as Annex “A”

Contrary to law.

P01 Dominador DominguesComplainant

SUBSCRIBED AND SWORN to before me, the undersigned Prosecutor, this February day of 12th 2012 at Makati City

The undersigned Prosecutor certifies that he personally examined the complainant and that he is satisfied that he voluntarily executed and understood the complaint.

Rachel Ann Dimali2nd Asst. City Prosecutor(MCLE II- 001-5003)






GLENN BALEAccused.

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

ANSWER

With humble leave of court, the following is averred by, with regard to above cited criminal case, the accused

On January 2, 2012 in the early afternoon, he with full and lawful intent was driving in Buendia when, he found out later on, that P01 Dominador Dominguez flagged his car, a Honda Civic 2007 with license plate ZZZ 111 and thereafter demanded “kotong” for him or he will confiscate my license which he was asking for. I vehemently refused since is against public policy and convenience.

Thereafter he warned that he will confiscate not only my license but my car as well since me being “uncooperative.”

I thereafter simply left his side as to my knowledge, he was not within his jurisdiction nor authority to do what he has done.

It is only based on the complaint filed and received that this incident was again come to attention.

Glen BaleRespondent


11234 Cornell st., Bel- Air, MakatiRoll of Attorney No. 948798888

IBP No 4798273188, Manila PTR No. 8012358 Jan. 5, 2009, Manila


VERIFICATION


Glen BaleAffiant




ROA 98765






GLENN BALEAccused.

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

REPLY AFFIDAVIT

Duly sworn I, SP01 Dominador Dominguez reiterates that accused was driving without a license and should be punished with the true meaning of law.

Affiant








GLENN BALEAccused.

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


Plaintiff People of the Philippines , filed this case against defendant GLEN BALE for violation of RA 4136, driving without a license and with penalty amounting to P1,000.



Comes Now, the parties People of the Philippines and defendant GLEN BAWE and unto this Honorable Court respectfully submit this Compromise Agreement.

a. Defendant acknowledges that he is obligated to the plaintiffs for a total amount of P1,000 only.

b. Defendant promises and undertakes to pay the aforementioned amount to the plaintiff in monthly instalments of Php 100or the ten months on the 30th month and every month thereafter until fully paid plus existing monthly rentals.





g. Defendant agrees that at any point where defendant fails in any part of the agreement, he must vacate the premises immediately



Atty Demos Cargo GLEN BAWE 2nd State Prosec, Defendant

Makati City




ROA 98765

Doc. No. 13

Page No. 3

Book No. 7

Series of 2009






GLENN BALEAccused.

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



PARTIES

Plaintiff , acting in behalf of its officer, SP01 Dominguez is of legal age and a resident of Brgy. Recollectos, Rosario , Batangas.



This is an action for criminal case filed by complainant, SP01 Dominguez, as a traffic officer for Makati City against the respondent Glen Bawe. He has violated RA 4136, specifically driving without a license.

DISCUSSION


RELIEF


a) Ordering defendant to pay P1,000 pesos in penalty and to have his license revoked for a year.

August 9, 2012 in the City of Makati




VERIFICATION





SPO1 Dominador Domingeuz

Affiant




ROA 98765

Doc. No. 13

Page No. 3

Book No. 7

Series of 2009



SPO1 Dominador Domingeuz

Affiant




ROA 98765

Doc. No. 14

Page No. 4

Book No. 7

Series of 2009.






GLENN BALEAccused.

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


RESPONDENT, by counsel and unto this Honorable Office, most respectfully submit this Position Paper and state:

PARTIES


Defendant is Glen Bale, Filipino, of legal age and address 22 Tondo st., Bgy Sitio, Rosario Batangas.


This is a criminal action RA 4136, namely no drivers license filed by complainant, SP01 Dominador Domninguez against the respondent Glen Bale. Complainant is asking for a penalty amounting to P1,000, One thousand pesos.

DISCUSSION

The RESPONDENT humbly submit that there is no just cause for the action and that plaintiff’s claims are without merit and should be dismissed outright since

there has been no real stipulation of facts that would support the contention of the plaintiff.

RELIEF








VERIFICATION





SP01 Dominador Dominguez

Affiant




ROA 98765

Doc. No. 13

Page No. 3

Book No. 7

Series of 2009



SP01 Dominador Dominguez

Affiant



Until December 31, 2012PTR No. 1234578 1/12/08 Mla.

IBP No. 6789 1/2/07 Mla.ROA 98765

Doc. No. 14

Page No. 4

Book No. 7

Series of 2009.






GLENN BALEAccused.

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



THE PARTIES

Plaintiff respondent is People of the Phillippines, under the office of Makati City with office SP01 Dominador Domingeuz, of legal age and presently living in Rosario Batangas



Sometime on October 2008, plaintiff flagged down respondent in a normal traffic beat and found defendant has no license while driving in a the public road of Buendia ave cor Filmore st., Makati City

ISSUES OF THE CASE


ARGUMENTS

I. The court must uphold the rule of law and compel respondent to either pay the fine imposed for P1,000 pesos or not drive at all.

DISCUSSION

There is no doubt that Plaintiff has just cause with the case with all the facts given and evidence presented. Respondent should be compelled to follow the rule of law

PRAYER


1. The defendant and all persons claiming right under him to pay the fine.

2. The defendant to pay either have a license made or make a new license or not drive in public roads at all.






VERIFICATION


SP01 Dominador DominguezAffiant




ROA 98765







GLENN BALEAccused.

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



THE PARTIES

Plaintiff respondent is People of the Phillippines, under the office of Makati City with office SP01 Dominador Domingeuz, of legal age and presently living in Rosario Batangas



Sometime on October 2008, plaintiff flagged down respondent in a normal traffic beat and found defendant has no license while driving in a the public road of Buendia ave cor Filmore st., Makati City

ISSUES OF THE CASE


ARGUMENTS


DISCUSSION


PRAYER


1. The PLAINTIFF to desist in the baseless claim of criminal acts







VERIFICATION






ROA 98765


Summary Proceedings

Documents

Transcript of Summary Proceedings