Professional Documents
Culture Documents
1.
2.
3.
4.
5.
6.
7.
8.
Complaint
Answer
Reply
Trial Brief
Pre-Trial Brief
Arbitration-Compromise Agreement
Position Paper
Trial/Legal Memorandum
1.
2.
3.
4.
5.
For Topics
Sum of Money
Forcible Entry
Unlawful Detainder
Ejectment
Traffic Violation
SUM OF MONEY
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 attorneys fees of P20,000 plus costs.
b) Issuing a decree of foreclosure for the sale at public auction of the abovedescribed 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, Makati
Roll of Attorney No. 948798888
IBP 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.
SUBSCRIBED AND SWORN to before me this 7th day of October, 2009 in Makati
City, affiant having exhibited to me his Drivers License No. 12345 issued at Mabini,
Batangas on January 10, 2007.
Series of 2009.
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Sum of Money
-versusGLEN BAWE
Defendants.
x-------------------------------------------------------------------------------------------x
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;
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 Espinosa
Counsel for the Defendant
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2012, Manila
MCLE Compliance No. 10-0610,
Jan,5,2012
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 Bawe
Defendant-Counter
Claimant
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 ALVAREZ
Affiant
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. Rosales
City Prosecutor
x--------------------------------------------------------------------------------------------x
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
November 30, 2012
December 30, 2012
January 30, 2013
February 28, 2013
March 30, 2013
April 30, 2013
May 30, 2013
June 30. 2013
10,000
10,000
10,000
10,000
10,000
10,000
10,000
10,000
10,000
10,000
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 plaintiffs 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.
GLEN BAWE
Defendant
Plaintiff,
Civil Case No. 19300
For: Sum of Money
-versusGLEN BAWE
Defendants.
x--------------------------------------------------------------------------------------------x
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
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
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 attorneys fees of P20,000 plus costs.
b) Issuing a decree of foreclosure for the sale at public auction of the abovedescribed 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, Makati
Roll of Attorney No. 948798888
IBP 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.
SUBSCRIBED AND SWORN to before me this 7th day of October, 2009 in Makati
City, affiant having exhibited to me his Drivers License No. 12345 issued at Mabini,
Batangas on January 10, 2007.
ROA 98765
Doc. No. 14
Page No. 4
Book No. 7
Series of 2009.
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
August 16, 2012 in the City of Batangas.
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP 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.
SUBSCRIBED AND SWORN to before me this 7th day of October, 2009 in Makati
City, affiant having exhibited to me his Drivers License No. 12345 issued at Mabini,
Batangas on January 10, 2007.
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 attorneys 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.
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.
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 Espinosa
Counsel for the Defendant
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2012, Manila
MCLE Compliance No. 10-0610,
Jan,5,2012
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
(5) T hat I am the defendant, counter claimant in above entitled case.
(6) 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.
(7) 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,
(8) 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 Bawe
Defendant-Counter
Claimant
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.
ATTY. RENE C. CRUZ, JR.
Notary Public
Until December 31, 2008
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No.:
Page No.:
Book No.:
Series of 1970:
Copy furnished:
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
FORCIBLE ENTRY
REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Forcible Entry
-versusGLEN BAWE
Defendants.
x-----------------------------------------------------------------------------------------x
COMPLAINT
PLAINTIFF, by counsel and to this Honorable court, respectfully alleges:
1.
2.
She is the owner of a house and lot in 22 Tondo st., Bgy Sitio,
Rosario Batangas.
3.
4.
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.
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 Balete
Affiant
SUBSCRIBED AND SWORN to before me this 1st day of October, 2009 in Rosario,
Batangas, affiant having exhibited to me his Drivers License No. 12345 issued at
Paranaque City on January 10, 2007.
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.
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 Espinosa
Counsel for the Defendant
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2012, Manila
MCLE Compliance No. 10-0610,
Jan,5,2012
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 Bawe
Defendant-Counter
Claimant
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, 2012 at Makati City.
ATTY. RENE C. CRUZ, JR.
Notary Public
Until December 31, 2008
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No.:
Page No.:
Book No.:
Series of 1970:
Copy furnished:
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
City Prosecutor
REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Forcible Entry
-versusGLEN BAWE
Defendants.
x--------------------------------------------------------------------------------------------x
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 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
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 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;
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 plaintiffs 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.
GLEN BAWE
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
WHEREFORE, plaintiff prays for judgment as follows:
a) Ordering defendant to pay plaintiff his principal obligation of P100,000,
with 12% interest thereon per annum from March 1, 2008, as well as the liquidated
damages of P10,000 and attorneys fees of P20,000 plus costs.
August 9, 2012 in the City of Batangas.
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP 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.
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.
SUBSCRIBED AND SWORN to before me this 7th day of October, 2009 in Makati
City, affiant having exhibited to me his Drivers License No. 12345 issued at Mabini,
Batangas on January 10, 2007.
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
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
possession of the property .
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 attorneys 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.
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.
MEMORANDUM DEFENDANT
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
Defendant is Glen Bawe, Filipino, of legal age and address 22 Tondo st., Bgy Sitio,
Rosario Batangas.
PROCEDURAL BACKGROUND
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 plaintiffs encargado, for and on plaintiffs behalf, and prevented him from
entering the parcel of land by force.
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
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
Wherefore, it is prayed that after due notice and hearing, a judgment be
rendered ordering:
1. The PLAINTIFF to desist in the baseless claim of forcible entry
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.
UNLAWFUL DETAINER
REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Unlawful Detainer
-versusGLEN BAWE
Defendants.
x---------------------------------------------------------------------------------------------x
COMPLAINT
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 attorneys fees.
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 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;
3. The defendant to indemnify the plaintiff for P15,000, as attorneys 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.
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.
PRAYER
Wherefore, it is prayed that after due notice and hearing, a judgment be
rendered ordering:
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 attorneys 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.
Glendale Balete
Affiant
SUBSCRIBED AND SWORN to before me this 1st day of October, 2009 in Makati
City, affiant having exhibited to me his Drivers License No. 12345 issued at
Paranaque City on January 10, 2007.
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.
x--------------------------------------------------------------------------------------------x
DECISION BASED ON COMPROMISE AGREEMENT
Plaintiff ANNA KARINA ALVA, filed this case against defendant GLEN BAWE for
unlawful detainer due arrears amounting to P160,000 pesos
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.
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 plaintiffs 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.
WHEREFORE, premises considered, the parties respectfully pray that the
Honorable Court approve this Compromise Agreement and render judgment on
the basis thereof.
Batangas City, September 25, 2010.
GLEN BAWE
Defendant
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.
SUBSCRIBED AND SWORN to before me this 7th day of October, 2009 in Makati
City, affiant having exhibited to me his Drivers License No. 12345 issued at Mabini,
Batangas on January 10, 2007.
VERIFICATION
I, under oath, aver that:
SUBSCRIBED AND SWORN to before me this 7th day of October, 2009 in Makati
City, affiant having exhibited to me his Drivers License No. 12345 issued at Mabini,
Batangas on January 10, 2007.
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 plaintiffs encargado, for and on plaintiffs behalf, and prevented him from
entering the parcel of land by force.
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 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
Wherefore, it is prayed that after due notice and hearing, a judgment be
rendered ordering:
4. The defendant and all persons claiming right under him to return the
possession of the property .
5. The defendant to pay the plaintiff the due since May 1, 2009 until the
former shall have actually vacated said house;
6. The defendant to indemnify the plaintiff for P15,000, as attorneys 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.
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.
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
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
Wherefore, it is prayed that after due notice and hearing, a judgment be
rendered ordering:
3. The PLAINTIFF to desist in the baseless claim of forcible entry
4. 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.
Municipality of Rosario, October 1, 2009.
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2009
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 Balete
Affiant
SUBSCRIBED AND SWORN to before me this 1st day of October, 2009 in Rosario,
Batangas, affiant having exhibited to me his Drivers License No. 12345 issued at
Paranaque City on January 10, 2007.
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.
EJECTMENT
REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: EJECTMENT
-versusGLEN BAWE
Defendants.
x---------------------------------------------------------------------------------------------x
COMPLAINT
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. B593495-97531, 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 attorneys 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 attorneys 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.
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.
ROA 98765
Doc No.
Page No.
Book No.
Series of 2008.
REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Ejectment
-versusGLEN BAWE
Defendants.
x---------------------------------------------------------------------------------------------x
ANSWER
Respondent avers that:
(1) He is of legal age and a resident Lot 34, Bgy Sitio, Rosario Batangas
(2) He absolutely no knowledge of plaintiffs 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 plaintiffs
allegation.
PRAYER
Wherefore, it is prayed that after due notice and hearing, a judgment be
rendered ordering:
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 attorneys 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.
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.
x--------------------------------------------------------------------------------------------x
DECISION BASED ON COMPROMISE AGREEMENT
Plaintiff ANNA KARINA ALVA, filed this case against defendant GLEN BAWE for
unlawful detainer due arrears amounting to P160,000 pesos
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 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.
c. 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;
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 plaintiffs 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.
g. Defendant agrees that at any point where defendant fails in any part of the
agreement, he must vacate the premises immediately
WHEREFORE, premises considered, the parties respectfully pray that the
Honorable Court approve this Compromise Agreement and render judgment on
the basis thereof.
Batangas City, September 25, 2010.
GLEN BAWE
Defendant
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
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
WHEREFORE, plaintiff prays for judgment as follows:
a) Ordering defendant to pay plaintiff his principal obligation of P160,000,
with 12% interest thereon per annum from March 1, 2010, as well as the liquidated
damages of P10,000 and attorneys fees of P20,000 plus costs.
August 9, 2012 in the City of Batangas.
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP 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.
The RESPONDENT humbly submit that there is no just cause for the action
and that plaintiffs 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
WHEREFORE, respondent prays for judgment as follows:
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 attorneys fees.
August 12, 2012 in the City of Batangas.
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP 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.
SUBSCRIBED AND SWORN to before me this 7th day of October, 2009 in Makati
City, affiant having exhibited to me his Drivers License No. 12345 issued at Mabini,
Batangas on January 10, 2007.
BRANCH NO. 06
Batangas City
ANNA KARINA ALVA
Plaintiff,
Civil Case No. 19300
For: Forcible Entry
-versusGLEN BAWE
Defendants.
x--------------------------------------------------------------------------------------------x
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
Defendant is Glen Bawe, Filipino, of legal age and address 22 Tondo st., Bgy Sitio,
Rosario Batangas.
PROCEDURAL BACKGROUND
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 plaintiffs encargado, for and on plaintiffs behalf, and prevented him from
entering the parcel of land by force.
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 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
Wherefore, it is prayed that after due notice and hearing, a judgment be
rendered ordering:
7. The defendant and all persons claiming right under him to return the
possession of the property .
8. The defendant to pay the plaintiff the due since May 1, 2009 until the
former shall have actually vacated said house;
9. The defendant to indemnify the plaintiff for P15,000, as attorneys 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.
SUBSCRIBED AND SWORN to before me this 1st day of October, 2009 in Rosario,
Batangas, affiant having exhibited to me his Drivers License No. 12345 issued at
Paranaque City on January 10, 2007.
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.
For: Ejectment
-versusGLEN BAWE
Defendants.
x--------------------------------------------------------------------------------------------x
MEMORANDUM DEFENDANT
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
Defendant is Glen Bawe, Filipino, of legal age and address 22 Tondo st., Bgy Sitio,
Rosario Batangas.
PROCEDURAL BACKGROUND
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 plaintiffs encargado, for and on plaintiffs behalf, and prevented him from
entering the parcel of land by force.
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
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
Wherefore, it is prayed that after due notice and hearing, a judgment be
rendered ordering:
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.
Municipality of Rosario, October 1, 2009.
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2009
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 Balete
Affiant
SUBSCRIBED AND SWORN to before me this 1st day of October, 2009 in Rosario,
Batangas, affiant having exhibited to me his Drivers License No. 12345 issued at
Paranaque City on January 10, 2007.
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.
-versusGLENN BALE
Accused.
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 Domingues
Complainant
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 Dimali
2nd Asst. City Prosecutor
(MCLE II- 001-5003)
-versusGLENN BALE
Accused.
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.
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2009
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 Balete
Affiant
SUBSCRIBED AND SWORN to before me this 1st day of October, 2009 in Rosario,
Batangas, affiant having exhibited to me his Drivers License No. 12345 issued at
Paranaque City on January 10, 2007.
-versusGLENN BALE
Accused.
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
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. Rosales
City Prosecutor
-versusGLENN BALE
Accused.
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 Domingues
Complainant
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 Dimali
2nd Asst. City Prosecutor
(MCLE II- 001-5003)
-versusGLENN BALE
Accused.
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 Bale
Respondent
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2009
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.
Glen Bale
Affiant
SUBSCRIBED AND SWORN to before me this 1st day of October, 2009 in Rosario,
Batangas, affiant having exhibited to me his Drivers License No. 12345 issued at
Paranaque City on January 10, 2013.
-versusGLENN BALE
Accused.
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
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. Rosales
City Prosecutor
-versusGLENN BALE
Accused.
x--------------------------------------------------------------------------------------------x
DECISION BASED ON COMPROMISE AGREEMENT
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.
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 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.
c. Said monthly instalment payments shall start on October 30, 2011 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;
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 plaintiffs 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.
g. Defendant agrees that at any point where defendant fails in any part of the
agreement, he must vacate the premises immediately
WHEREFORE, premises considered, the parties respectfully pray that the
Honorable Court approve this Compromise Agreement and render judgment on
the basis thereof.
Batangas City, September 25, 2010.
Notary Public
Until December 31, 2012
PTR No. 1234578 1/12/08 Mla.
IBP No. 6789 1/2/07 Mla.
ROA 98765
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009
-versusGLENN BALE
Accused.
x--------------------------------------------------------------------------------------------x
POSITION PAPER FOR THE PLAINTIFF
PLAINTIFF, by counsel and unto this Honorable Office, most respectfully
submit this Position Paper and state:
PARTIES
Plaintiff , acting in behalf of its officer, SP01 Dominguez is of legal age and a
resident of Brgy. Recollectos, Rosario , Batangas.
Defendant is Glen Bawe, Filipino, of legal age and address 22 Tondo st., Bgy
Sitio, Rosario Batangas.
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
a) Ordering defendant to pay P1,000 pesos in penalty and to have his license
revoked for a year.
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.
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009
SUBSCRIBED AND SWORN to before me this 7th day of October, 2009 in Makati
City, affiant having exhibited to me his Drivers License No. 12345 issued at Mabini,
Batangas on January 10, 2007.
-versus-
GLENN BALE
Accused.
x--------------------------------------------------------------------------------------------x
POSITION PAPER FOR THE DEFENDANT
RESPONDENT, 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 Bale, Filipino, of legal age and address 22 Tondo st., Bgy
Sitio, Rosario Batangas.
STATEMENT OF THE CASE
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 plaintiffs 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
b) To pay respondent P1,000 for moral damages due to the mental anguish
cause by such complaint plus attorneys fees.
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.
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009
Series of 2009.
-versusGLENN BALE
Accused.
x--------------------------------------------------------------------------------------------x
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 People of the Phillippines, under the office of Makati City with
office SP01 Dominador Domingeuz, of legal age and presently living in Rosario
Batangas
Defendant is Glen Bawe, Filipino, of legal age and address 22 Tondo st., Bgy Sitio,
Rosario Batangas.
PROCEDURAL BACKGROUND
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
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 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
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 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.
Plaintiff further prays for such reliefs as may be just and equitable in the
premises.
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.
-versusGLENN BALE
Accused.
x--------------------------------------------------------------------------------------------x
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 People of the Phillippines, under the office of Makati City with
office SP01 Dominador Domingeuz, of legal age and presently living in Rosario
Batangas
Defendant is Glen Bawe, Filipino, of legal age and address 22 Tondo st., Bgy Sitio,
Rosario Batangas.
PROCEDURAL BACKGROUND
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
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
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
Wherefore, it is prayed that after due notice and hearing, a judgment be
rendered ordering:
1. The PLAINTIFF to desist in the baseless claim of criminal acts
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.
Municipality of Rosario, October 1, 2009.
Atty. Alma Fides Espinosa
Counsel for the Plaintiff
11234 Cornell st., Bel- Air, Makati
Roll of Attorney No. 948798888
IBP No 4798273188, Manila
PTR No. 8012358 Jan. 5, 2009, Manila
MCLE Compliance No. 10-0610,
Jan,5,2009
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 Balete
Affiant
SUBSCRIBED AND SWORN to before me this 1st day of October, 2009 in Rosario,
Batangas, affiant having exhibited to me his Drivers License No. 12345 issued at
Paranaque City on January 10, 2007.
Doc. No. 13
Page No. 3
Book No. 7
Series of 2009.