Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Second Judicial region
CAUAYAN CITY, ISABELA

JANETH L. NAPOLES
Plaintiff,

-versus- CIVIL CASE No. Q-65478

For: EJECTMENT (FORCIBLE ENTRY)

NOYNOY P. AQUINO
Defendant.

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

POSITION PAPER FOR THE DEFENDANT

DEFENDANT, by counsel, unto this Honorable Office,

respectfully submits this Position Paper in the above-titled case, and
alleges that:

THE CASE

This is an action for Forcible Entry and Damages

commenced by the Plaintiff Janeth V. Napoles against the Defendant
Noynoy B. Aquino before the Honorable Court. The subject matter of
this action is a piece of land identified as #129 Liwayway Street,
Barangay San Fermin, Cauayan City, Isabela containing an area of
TWO (2) HECTARES, more or less. Plaintiff claims that the Defendant
through force, threat and intimidation usurped the whole property
and started tilling the land and putting up fences. Defendant denied
said allegation and interposed the defense that he has the prior
possession of the land which he inherited from his father and that he
has been personally cultivating it.

FACTS OF THE CASE

1. Plaintiff JANETH L. NAPOLES, of legal age, Filipino and is

residing at #106 Sampaguita Street, San Fermin, Cauayan
City where she may be served with court order and other
processes;

2. Defendant NOYNOY P. AQUINO, of legal age, Filipino and

a resident of #1,Times Square, Quezon City where he may
be served with summons, order and other court processes;

3. The Defendant is the owner of a parcel of land located in

San Fermin, Isabela, containing an area of TWO (2)
HECTARES, more or less, which he inherited from his
father, TEOFILO H. AQUINO, which the latter inherited the
same from the Defendant’s grandfather, GIOLILO P.
AQUINO.

4. DEFENDANT, rooting from his ancestors has been in open,

continuous, exclusive, adverse and notorious possession in
the concept of an owner of the subject land since 1938. In
 fact he has been using the land for rice planting,
harvesting with approximately 250 cavans for the entire
land. Furthermore, this claim of ownership and prior
possession is coupled with tax declaration receipts
diligently paid since 1938. Photocopy of tax declaration
receipts are hereto attached as Exhibit “1”.

5. The Defendant was in Zamboanga when the alleged

incident happened evidenced by Photographs with time
stamps, Exhibit 2. In fact; the Plaintiff is unknown to the
Defendant. The latter only came to know the former when
she sent a demand letter asking the Defendant to vacate
the land.

ISSUES

1. Who has the prior possession of the land in issue?

2. Whether or not plaintiff is entitled to damages.

DISCUSSION/ARGUMENTS

1. Who has the prior possession of the land in issue?

 The Defendant has the prior possession of the land in issue.
Furthermore, the Defendant cannot be ejected on the subject land for
the reason that for forcible entry to attach the following circumstances
must concur:

(a) That the person is deprived of his property;

(b) That such deprivation is due to force, intimidation, threat,

strategy or stealth.

In this case, the Defendant made no deprivation of possession

from the Plaintiff because the property was already in his possession
and the Plaintiff started to claim such land only on December 08, 2017
based on the alleged free patent obtained from the DENR. Moreover
the plaintiff has never been in possession of such land from the time it
was acquired by the Defendant. In addition to that, the Plaintiff has
never occupied and cultivated the land in question. The Defendant is
the one who uses the land for rice planting; in fact, he has loyal buyers
from the market of his harvested rice every season. One of which is
Mr. Lolly H. Kilantang, according to the latter after every harvest of rice
from the Defendant’s land he usually visits the land and buy 100
cavans of rice every season. (Judicial Affidavit of Mr. Lolly H. Kilantang
, Exhibit 5). This fact negates further the allegation of the Plaintiff who
lives in the same barangay where the subject land is located. It is far
from possible that the Defendant can till the land for numerous years
without the knowledge of the Plaintiff who claims possession thereto.

To bring more foundation on the Defendant’s argument, tax

receipts (Exhibit 1) were presented as evidence which were diligently
paid by the Defendant and his predecessors-in-interest since 1938.
These receipts although not conclusive evidence of ownership are a
good sign of possession and control of the land in issue. The
Defendant and his predecessors-in-interest who came from a poor
family (evidenced by a Certificate of Indigency, issued By Barangay
District 1,Quezon City, Exhibit 3) will not waste every peso they earned
just to pay for someone else’s land.

Moreover, the allegation of the Plaintiff that the Defendant

forcibly took over the subject land with the aid of armed men is a
mere allegation without presenting any evidence to support it.
Furthermore, it will be impossible for the Defendant to forcibly enter
the land because he was in Zamboanga on December 08, 2017,
attending the wedding of his sister. (Photogrpahs with time stamps
are presented as evidence, Exhibit 2, Corroborated by the judicial
affidavit of Defendant’s sister, Krissy C. Kkringg, Exhibit 4)

2. Whether or not plaintiff is entitled to damages.

Having failed to prove prior possession and ownership of the

subject land, plaintiff has no cause of action to recover possession
thereof against herein Defendant. There being no basis for the
Plaintiff’s right to recover possession, there is thus no basis to ask for
damages.

On the other hand, as a consequence of the malicious and

wrongful filing of the present action, Defendant was constrained to
hire the services of a lawyer for a legal fee of FIFTY THOUSANDD
PESOS (50,000.00), plus TWO THOUSAND PESOS per court
appearance, and to incur expenses of litigation for which plaintiff
should be made to pay.

RESERVATIONS
Defendant respectfully reserves its right to file supplemental
pleadings or adduce additional evidence in due course of the
proceedings whenever necessary and proper.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of

this Honorable Court that, after the proceedings, judgment be
rendered in favor of the Defendant and ordering the Plaintiff and all
persons claiming rights under him to:

(a) Pay Defendant the amount of Sixty Thousand Pesos

(P60,000.00) by way of attorney’s fees; Ten Thousand Pesos
(P10,000.00) by way of other litigation expenses.

(b) Pay the cost of this suit.

(c) Defendant also prays for such other remedies and reliefs as
may be deemed just and equitable under the premises.

January 26, 2018. Cauayan City, Isabela.

 ATTY. JOZELE MARIZ P. DALUPANG
Counsel for Defendant
Cauayan City, Isabela
Roll of Attorneys No. 988964
IBP No. J-25469
PTR No. J- 855469
MCLE No. J-78954

VERIFICATION AND CERTIFICATION

AGAINST NON- FORUM SHOPPING

I, NOYNOY P. AQUINO, of legal age, after being duly sworn to

in accordance with law, depose and attest:

That I am the defendant in the above-titled case; that I have

caused the preparation of the foregoing answer and understood the
contents thereof, and I hereby declare that all the allegations
contained therein are true and correct according to my knowledge
and belief.

Furthermore, I hereby certify that I have not filed nor caused to

be filed any other similar case involving the same issues in the
Supreme Court, Court of Appeals or any other tribunal or agency and
that, should there be any other such case/s that may have been filed, I
hereby bind myself to inform the Court of such fact within five (5) days
from the discovery thereof.
 IN WITNESS WHEREOF, I have hereunto set our hand this 26th
day of January 2018, Cauayan City, Isabela, Philippines.

NOYNOY P. AQUINO
Defendant
SSS NO. B-124843
Issued at Quezon City
On March 3, 2017

SUBSCRIBED AND SWORN to before me, in the City of Cauayan

26th day of January 2018, Cauayan City, Isabela, Philippines, affiant
having exhibited to me his Social Security Service (SSS) Identification
Card, issued at Cauayan City, Isabela, Philippines.
 ATTY. JOZELE MARIZ P. DALUPANG

Notary Public
Doc. No. _______; Until December 31, 2018
Page No. _______; PTR No. 0398716
Book No. _______; issued at Cauayan City
Series of 2018. on January 9, 2017
TIN 123-321-456-654

Copy furnished:

ATTY. ANALOU A. VILLEZA

Cauayan City