Republic of the Philippines

MUNICIPAL TRIAL COURT

Branch 11
Janiuay, Iloilo

SPOUSES JOSE RAMIREZ CIVIL CASE NO. 123

AND ROSE RAMIREZ
Plaintiff,

-versus-

For: FORCIBLE ENRTY

ABEL ISOG,
AND CAIN ISOG
Defendants.

X------------------------X

POSITION PAPER
(for the Defendants)

Defendants, thru undersigned counsel, most

respectfully submits this position paper and avers, that:

Nature of this Case

This is an action for Forcible Entry commenced by the

Plaintiff Spouses Jose Ramirez and Rose Ramirez against the

defendants Abel Isog and Cain Isog.

The subject matter of this action is a piece of land

identified as Lot No. 2-E-7 situated at Baranggay Patong-

patong, Janiuay, Iloilo under OCT No.111111 issued in the

name of the late Abe Isog registered in the Registry of

Deeds of Iloilo City.

Facts of the Case

The property was owned by Abe Isog as shown in the

Certificate of Title under OCT No. 111111 attached hereto

as Annex. A. The said Abe Isog was the mother of the

defendants Abel Isog and Cain Isog. That on April 30,2002,

Abe Isog died in a car accident which is evident in the

Certificate of Death attached hereto as Annex B, and the

defendants automatically became the owner of the said

property by way of intestate succession for the reason that

they are the legal heirs of Abe Isog. That as early 2002,

the defendants Abel Isog and Cain Isog begun to took

possession of the property under Lot No. 2-E-7 and

constructed a nipa hut thereon.

On December 12, 2010 the defendants were surprised

that plaintiff spouses Jose Ramirez and Rose Ramirez

approached informed them that they were the lawful owners

of the land and they acquired it through a sale because

their mother never sold the said property when she was

alive.

On December 10, 2011 the defendants received a summon

from the Municipal Court of Janiuay to answer for a

complaint filed against them for forcible entry. And on

December 14, 2011 the defendant thru the undersigned

counsel filed an answer to the complaint.

Issues

1. Whether or not the defendants can be ejected by

forcible entry under Rule 70 Section 1 of the

Revised the Rules of Court.

2. Whether or not the defendants have rightfully owned

the property under Lot No. 2-E-7 located at the

Brgy. Patong-patong, Janiuay, Iloilo.

Discussion

On the first above stated issue the defendants cannot

be ejected on the subject land for the reason that for

forcible entry to attach the following circumstance must

concur: (a) that the person is deprived of his property;

(b) that such deprivation is due to force, intimidation,

threat, strategy or stealth; and (c) such person has real

title over such property.

In this case there is no deprivation was made by the

defendant on the plaintiff because the property was already

in the possession of defendant and the plaintiff only claim

such land in December 2010 base on allegation of sale

between them and allege Noah Isog. This would only show

that defendants was in a threat of losing the subject land

which they lawfully inherited from their mother Abe Isog

who already died. Moreover the plaintiff has never in

possession of such land from the time it was acquired by

the defendants. In the case of Reyes vs. Sta. Maria the

Supreme Court held that Possession de facto is the

physical possession of real property. Possession de facto

and not possession de jure is the only issue in a forcible

entry case. Title is never an issue, but only but only

prior physical possession. This would simply means that

plaintiff had never in possession of the property as one of

the elements of forcible entry.

On the second issue on whether the defendants have a

valid title or right over the ownership of the property

subject of this case. The answer is in the affirmative for

the reason that they validly inherited such property by way

of legal or intestate succession through representation of

their dead father Noah Isog.

The Civil Code provides that legal or intestate

succession takes place: If aperson dies without a will, or

a void will, or one which has subsequently lost its

validty.In this case, the deceased Abe Isog, the mother of

the defendants died in a car accident and left them without

any will, they automatically become the owner of the land

which was registered to Abe Isog. It was provided in the

Civil Code that The primary heirs of the deceased, her

children, parents, ascendants or descendants, if she left

without a will, will automatically inherit the properties

owned by the deceased. This would clearly show that the

property was lawfully acquired by the defendants Abel Isog

and Isaac Isog. They have lawful and just title over such

property as provided by law and for that reason they cannot

be ejected on the subject parcel of land.

Recommendation

WHEREFORE, premises considered, it most respectfully

prayed this Honorable Court that the instant Case of
Forcible Entry shall be dismissed for want of basis, either
in fact or in law.

RESPECTFULLY SUBMITTED
Iloilo City Philippines, December 14, 2011

CHARLENE G. ANDREO
Counsel For the
Defendants

Copy furnished:

Atty. JAHZIEL P. FANTILANAN

Counsel
Brgy. San Agustin Iloilo City
IBP no. 98765 Lifetime Member
PTR no. 12345 January 30, 2012
 VERIFICATION

REPUBLIC OF THE PHILIPPINES)

CITY OF ILOILO ) S.S.
x---------------------------------x

We, Abel and Cain Isog, all of legal age, Filipinos,

residents of Barangay Ova Etsa, Maasin, Iloilo, after
having been duly sworn to in accordance with the law,
hereby depose and say :

That we are defendants in the above entitled case;

that we have caused the foregoing position paper to be
prepared; that we have read and understood the allegations
contained therein; and that the same are true and correct
to the behest of our own personal knowledge and based on
authentic records;

That to the best of my knowledge, no such action or

proceeding is pending in the Supreme Court, the Court of
Appeals, or any tribunal or agency;

That if there is such other action or proceeding

pending, I must state the status of the same;

That if I should thereafter learn that a similar

action or proceeding has been filed or is pending before
the Supreme Court, the Court of Appeals or agency, I
undertake to promptly inform the aforesaid courts and such
other tribunal or agency of that fact within five (5) days
therefrom to the Court or agency wherein the original
pleading and sworn certification contemplated herein have
been filed.

Abel Isog Cain Isog

TIN No. 342-343 TIN No. 1242-343

SUBSCRIBED AND SWORN to before me this 14th day of

December 2011, at Iloilo City, Philippines.

CHARLENE ANDREO
Notary Public

Doc No. 1;
Page No. 1;
Book No. I;
Series of 2011.