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Legal Memorandum Sample

Legal Memorandum Sample

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Published by Joseph Rinoza Plazo
Legal Memorandum Sample
Legal Memorandum Sample

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Published by: Joseph Rinoza Plazo on Feb 21, 2014
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03/16/2014

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Republic of the PhilippinesSUPREME COURTManila City
JUANA DELA CRUZ,
 Defendant-Petitioner, -versus-
CIVIL CASE NO. L-12345
 or! E"ect#ent
JANE DOE,
Plaintiff-Respondent$%-------------------------------------------------------------------------%
MEMORANDUMCOME NOW PLAINTIFF-RESPONDENT,
throu&h the undersi&ned counsel, unto this 'onorable Supre#e Court #ost respectfully sub#it and present this Me#orandu# in the above-titled case and aver that!
THE PARTIES
($Plaintiff-Respondent )ane Doe is of le&al a&e, sin&le, and residin& on (*(* +inoo oulevard, Pasay City, here she #ay be served ith le&al processes and notices issued by this 'onorable Court./$Defendant-Petitioner )uana Dela Cru0 is of le&al a&e and residin& on (/1 inibini Street, 2ue0on City, and #ay be served ith le&al processes and other "udicial notices thereto$
I.PROCEDURAL BACKROUND
($On ebruary ((, /**3, herein Plaintiff-Respondent filed a Co#plaint for E"ect#ent dated ebruary 4, /**3 a&ainst Defendant-Petitioner./$On Dece#ber //, /**3, an 5nser dated Dece#ber (6, /**3 as filed by the Defendant-Petitioner.1$On ebruary 1, /**7, a Decision as rendered by ranch ( of Metropolitan Trial Court of Pasay City in favor of the Plaintiff-Respondent.8$On 5u&ust 9, /**7, a Motion for Reconsideration filed )uly 6, /**7 by Defendant-Petitioner throu&h le&al counsel as denied by )ud&e :oren0o Men0on of ranch (* of the Re&ional Trial Court Pasay City.6$On Septe#ber (8, /**7, a Petition for Revie dated Septe#ber 7, /**7 as filed to the Court of 5ppeals by Defendant-Petitioner.
 
9$On 5pril /1, /*(*, Plaintiff-Respondent throu&h le&al counsel filed a Co##ent dated 5pril (7, /*(*.4$On May (1, /*(*, as per ;erification and Report fro# the )udicial Records Division <)RD= no Reply as filed by the Defendant-Petitioner.3$On May /(, /*(*, a Resolution as rendered by the Court of 5ppeals denyin& Defendant-Petitioner>s Prayer for Te#porary Restrainin& Order <TRO=.7$5ccordin&ly, the 'onorable Court of 5ppeals ordered the parties to sub#it their respective Me#oranda fifteen <(6= days fro# notice, otherise re&ardless hether or not Me#oranda ere filed, the petition shall be sub#itted for decision.'ence, the filin& of the instant Me#orandu#$
II.FACTUAL BACKROUND
(*$Plaintiff-Respondent see?s that a parcel of land located at (/1 inibini Street, Pasay be returned to her possession, but due to Defendant-Petitioner>s occupancy thereat, the for#er cannot clai# possession hich left her ith the option of residin& at (*(* +inoo oulevard, Pasay City$ @t is noteorthy to stress that Plaintiff-Respondent is the re&istered oner of the land sub"ect under TCT Ao$ (/186 of the Re&istry of Deeds of Pasay City$ The property as sold to the# by the no deceased ori&inal oners, Spouses Marcelo and Marcela del Pilar.(($Defendant-Petitioner, on the other hand, is an alle&ed lessee of the ori&inal oners of the land since Septe#ber (766$ They had repeatedly assailed the verbal contract of lease for #ore than 6* years.(/$Plaintiff-Respondent as not able to clai# i##ediately the land for it as previously sub"ect to a pendin& le&al proceedin& and that there as still no ur&ent necessity of usin& and occupyin& it$ Bhen the event ca#e that Plaintiff-Respondent as able to enforce her ri&ht over the land, Defendant-Petitioner, despite earnest and peaceful efforts of the Plaintiff-Respondent still refused to vacate the land$ This led her to see? help fro# the aran&ay officials for #ediation andor conciliation in accordance ith la$ 'oever, the Defendant-Petitioner still  persistently occupied the land ithout heed to the serious and constant de#and of the Plaintiff-Respondent hich rendered it unattainable to reach an a&ree#ent.(1$Due to the fore&oin& failure to clai# the parcel of land attributed to the obstinate refusal of the Defendant-Petitioner, Plaintiff-Respondent as co#pelled to hire the services of a le&al counsel to co##ence the enforce#ent of e"ection under the in&s of the courts of la$
III.ISSUES OF THE CASE A.! WHETHER OR NOT THE HONORABLE TRIAL COURT ACTED CORRECTL" IN DECIDIN THIS UNLAWFUL DETAINER ACTION ON THE BASIS OF THE EVIDENCE OF OWNERSHIP AFTER DEFENDANT HAD RAISED IN DEFENSE THE LESSEE#S RIHTS UNDER P.D. 151$, P.D. 2%1&, APD 1-12 ' PASA" CIT"(B.!WHETHER OR NOT AN UNLAWFUL DETAINER ACTION BARS THE BONA FIDE LESSEE#S RIHT TO AVAIL THE PRIVILEES AND BENEFITS PROVIDED B" SECTION & OF P.D. 151$(
 
C.!WHETHER OR NOT IN DETERMININ THE COVERAE OF AREAS FOR PRIORIT" DEVELOPMENT )APD!, REFERENCE MUST BE HAD TO THE LIST OF THE STREETS SUBJECT TO THE ZONAL DEVELOPMENT AND NOT TO THE AREAS INCLUDED IN THE DELINEATION B" METES AND BOUNDS AS INDICATED IN THE PROCLAMATION ITSELF.IV.ARUMENTS A.!T*+ /0 00+ +///  + 0*60 6 76897 +06+/ 60:+ +9/+ ; *+/+ D+9+60-P+00+/ +<;0+ 0*+ 6<<67+ 0+0 9 0*+ 9/+/ +/ P.D. 151$ 6 P.D. 2%1&.B.!T*+/+ <  :6/  0*< <060 6<+ 9/ 6 76897 +06+/ 0 6=67 0*+ :++90< 6 ;/=7++< ;/=+ :> S+0 & P.D. 151$ ;/=+ 0 < 6;;76:7+. C.!T*+ +0+/60 9 0*+ <;+ 6 7060 9 A/+6< 9/ P//0> D+=+7;+0 <*677 :+ :6<+  0*+ 7<0 9 <;+9 6/+6< ;/+</:+ :> 0*+ ;/7660.V.DISCUSSION A.!
@t is necessary to e#phasi0e that the Plaintiff-Respondent is the bona fide oner of the  parcel of land located at (/1 inibini Street, Pasay City under TCT Ao, (/186 of the Re&ister of Deeds of Pasay City$ @n the Philippines, the presentation of a valid certificate of title of the real  property is a conclusive evidence of onership of the person hose na#e the certificate of title is entitled to$ Under Section 84 of the :and Re&istration 5ct, or 5ct Ao$ 879, it provides that the ori&inal certificates in the re&istration boo?, any copy thereof duly certified under the si&nature of the cler?, or of the re&ister of deeds of the province or city here the land is situated, and the seal of the court, and also the oner>s duplicate certificate, shall be received as evidence in all the courts of the Philippine @slands and shall be conclusive as
to all matters
 contained therein e%cept so far as otherise provided in this 5ct$Reco&ni0ed "urisprudence also uphold the si&nificance of a certificate of title in provin& valid onership of a land$ @n the decision of the case of
Spouses Pascual v. Spouses Coronel 
, the  ponente cited to cases hich hi&hli&ht the si&nificance of a valid certificate of title in clai#in& onership over a land$ @t as held that Fin the recent case of
Umpoc v. Mercado
, the Court declared that the trial court did not err in &ivin& #ore probative ei&ht to the TCT in the na#e of the decedent
vis--vis
 the contested unre&istered Deed of Sale$ :ater in
 Arambulo v. Gungab
, the Court held that the re&istered oner is preferred to possess the property sub"ect of the unlaful detainer case$ The a&e-old rule is that the person ho has a Torrens Title over a land is entitled to  possession thereof$ The rulin& of Di0on v$ Court of 5ppeals as also used as basis for this ar&u#ent$ @t as stated that a certificate of title is conclusive evidence of onership and the Guestionability of the title is i##aterial in an e"ect#ent suit$ uther#ore, 5rticle 8/3 of the AeCivil Code enu#erates the ri&hts of an oner$ The oner has the ri&ht to en"oy and dispose of a thin&, ithout other li#itations other than those established by la$
The owner has right of action against the holder and possessor of the thing in order to recover it.
@t is indubitable that the certificate of title of (/1 inibini Street, Pasay City under TCT Ao$ (/186 hich is re&istered in the Re&ister of Deeds of Pasay City entitles Petitioner-Respondent the ri&ht to e%ercise the afore#entioned ri&hts, specifically, in this instant case, the ri&ht of action a&ainst the holder and possessor of the thin& in order to recover the land$

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