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Filing unlawful detainer while execution for barangay agreement case is stil ongoing

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richardtorpedo


Arresto Menor
Good Day!

I currently have a pending case in the courts for the execution of a barangay agreement for a tenant in an apartment that I own. 3 years ago, her contract expired and she wanted to stay and pay rent until she finds a new apartment. I agreed but after 4 months, she refused to vacate. We went to the barangay and it was agreed upon that she vacate the premises after 3 months. Unfortunately , she still doesn't want to go and said that she repudiated the agreement (considering that we have a certification from the barangay). We filed a case in the lower courts for the execution of the barangay agreement and it has been ongoing since then. Meanwhile, she's still staying in the apartment for almost 2 years and has been paying rent. Unfortunately , she hasn't paid rent for almost 4 months already and says that she'll pay on March. If I file a case for unlawful detainer , will it get thrown out due to forum shopping / litis pendencia?

Thanks!

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