Republic of the Philippines

Regional Trial Court

Eighth (8th) Judicial Region
Branch 43
Tacloban City 6500

MYLENE DIAZ
Plaintiff,

- versus - Civil Case No. 894

For: Recovery of Possession
MARA SANTOS
Respondent,

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

POSITION PAPER
(for the plaintiff)

PLAINTIFF, through counsel, and unto this Honorable Court

respectfully states:

BACKGROUND OF THE CASE

This is a case for recovery of possession filed by petitioner

Mylene Diaz, an absolute owner of a 200 sqm lot located at Barangay
25 CD, Tacloban City. The subject lot is now occupied by the
defendant, Mara O. Santos, claiming the she is the rightful owner
since they have been in possession of the said lot for 15 years already
with Tax Declaration to prove that they are the owner.

STATEMENT OF FACTS

Plaintiff is of legal age, married, Filipino, with residence and

postal address at Brgy. 20 AB, Tacloban City. That the plaintiff is an
owner of a 200 sqm lot located at Barangay 25 CD, Tacloban City.
That the plaintiff and her family decided to move and stay in Manila
leaving the said lot to no one. That when the plaintiff visited her
hometown she was surprised to know that the 200 sqm lot she
owned was already occupied by a certain Mara Santos. That she
went to the said area and talked to Mara Santos but the defendant
did not talked with her. That despite informing the occupants that
she was the owner they still ignore her. That having no other means
to protect her interest, having exhausted all possible ways to talk to
the defendant, the plaintiff has no recourse but to institute legal
action, defendants be order to pay vacate the place..

STATEMENT OF THE ISSUE

Whether or not defendant, Mara Santos should be vacate the

200 sqm lot located at Barangay 25 CD, Tacloban City.

DISCUSSION

The plaintiff in this case has a cause of action for recovery of

possession. She is the absolute owner of the land proved by the
Transfer Certificate of Title No 060-2012-1488. That despite requests
and final demand to vacate the property the defendant continues to
occupy the said property. The law expressly provides that for
properties unlawfully occupied from the very beginning the person
being deprived may file a case for recovery of possession.

PRAYER
WHEREFORE, premises considered, it is most respectfully
prayed that the foregoing Position Paper be noted and considered in
the resolution of this case.

Other reliefs that are just and equitable under premises are
likewise prayed for.

Tacloban City, August 02, 2019

Respectfully submitted:

ATTY. LIAN C. BASOG

Counsel for Plaintiff
J. Romualdez St, Tacloban City
Notice of Hearing and Service of Copy:
TO:
Atty. GEMMA BACONAWA
Assistant City Prosecutor
Office of the City Prosecutor
Tacloban City

THE CLERK OF COURT

Municipal Trial Court
Tacloban City

Kindly take this notice that the undersigned is submitting the

foregoing Position Paper immediately upon receipt hereof to the
Honorable Court for its consideration and approval.

That by the way of explanation, a copy of this Position Paper

was served to the Office of the City prosecutor through personal
service.

LIAN C. BASOG