Republic of the Philippines

REGIONAL TRIAL COURT

Central Visayas Judicial Region
Branch 21, Cebu City

LUCIA MALDITA Civil Case No.: 000143

Plaintiff, FOR: Sum of Money
-versus-
MARGA GANTSA
Defendant
x----------------------x

MEMORANDUM OF PLAINTIFF

Plaintiff, through undersigned counsel, most respectfully

states before this Honorable Court:

Brief Statement of the Case

Plaintiff, Lucia Maldita filed the present action for

collection of sum of money, damages, and attorneys fees
against defendant, Marga Gantsa for failure to pay her total
debt of FIVE HUNDRED THOUSAND PESOS (Php 500,000)
which became due and demandable on February 2017. This
makes defendant liable for Articles 1169 and 1170 of the
New Civil Code.

Statement of Facts

1.) Plaintiff, Lucia Maldita, allowed defendant,

Marga Gantsa to borrow money throughout a period of
months which now amounted to a grand total of FIVE
HUNDRED THOUSAND PESOS (Php 500,000)

2.) Defendant promised to pay her debt through

monthly installments of ONE HUNDRED THOUSAND
PESOS (Php 100,000) each month.
 3.) The said debt became due and demandable
on February 2017, but despite oral and written
demands from plaintiff, defendant refused to render
any payment.

4.) This continued refusal promoted plaintiff to

file a collection suit against defendant, along with a
prayer for payment of attorneys fees and damages.

5.) For her part, defendant explained that the

agreement for debt payment did not indicate a definite
maturity date. Therefore, plaintiff cannot say that the
debt was indeed due and demandable.

Issue

Whether or not defendants debt was already due and

demandable, and if plaintiff had the right to collect it already.

Exhibits

Exhibit Description Purpose

Exhibit A and B A copy of the oral These documents
and written attest that plaintiff
demands for did exerted his
payment by right to demand
plaintiff towards for a debt that is
defendant. due to her by the
defendant. These
attached
documents show
that defendant
was made known
and aware of her
obligation to pay
debt owed to
plaintiff, which
became due on
February 2017.
 Arguments and Discussion

I. Defendants debt is already due and demandable,

and she already incurred a delay in the delivery herein.

Article 1169 of the New Civil Code states that Those

obliged to deliver or to do something incur in delay from the
time the obligee judicially or extrajudicially demands from
them the fulfillment of obligation.

In this case, plaintiff already extrajudicially demanded

for the fulfillment of defendants obligation through her
written and oral demands for payment (see Exhibit A and B).
However, since the defendant still refused to render any
payment, a judicial demand was filed as the case herein.
This clearly indicates that defendants debt is rightfully due
and demandable.

II. Aside from the payment of debt, defendant is

liable for payment of attorneys fees and damages.

Since it is clear that the defendant already incurred a

delay in the performance of her obligation to pay the debt
owed to plaintiff, she is also liable to pay for damages and
attorneys fees as indemnification for plaintiff who had to go
through tedious processes just to recover the debt. The New
Civil Code is clear in Article 1170, which says that Those
who in the performance of their obligations are guilty of
fraud, negligence, or delay, and those who in any manner
contravene the tenor thereof, are liable for damages.

Prayer

WHEREFORE, it is respectfully prayed for before this

Honorable Court that judgment be rendered in favor of
plaintiff, and that defendant should be ordered to pay the
total debt amount which was already due and demandable
on February 2017, through both extrajudicial and judicial
demands.

Likewise, plaintiff also prays for payment of damages

and attorneys fees, including other costs for further relief
as this Honorable Court deems just and equitable.

Cebu City, March 13, 2017

Attorney Grace Blanco

Counsel for Plaintiff
Roll of Attorneys No. 00000
PTR No. 00001 - 1/3/2014 - MANDAUE CITY
IBP No. 0000012 - CEBU
TIN No. 123-678-321
MCLE Compliance No. AB12300
Contact No. 09331234567
Suite 14, Oakridge Offices, A.S. Fortuna, Mandaue City

Copy furnished:
Atty. Mary Clare C. Coronado
Counsel for Defendant