COME NOW PLAINTIFF-PETITIONER, 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

1. Plaintiff-Petitioner Eleanor Cruz is of legal age,

married, and residing on Maria Luisa rd. TGP Compound
Banilad, Cebu City, where she may be served with legal
processes and notices issued by this Honorable Court;

2. Defendant-Respondent Michael Cruz is of legal age

and residing on 7 Andre St. Maria Luisa Estate Park
Banilad, Cebu City, and may be served with legal
processes and other judicial notices thereto.

I. PROCEDURAL BACKGROUND
1. On February 11, 2008, herein Plaintiff-Petitioner filed
a Complaint for Ejectment dated February 7, 2008 against
Defendant-Petitioner;

2. On December 22, 2008, an Answer dated December

15, 2008 was filed by the Defendant-Petitioner;

3. On February 3, 2009, a Decision was rendered by

Branch 1 of Metropolitan Trial Court of Pasay City in favor
of the Plaintiff-Respondent;

4. On August 6, 2009, a Motion for Reconsideration filed

July 5, 2009 by Defendant-Petitioner through legal counsel
was denied by Judge Lorenzo Menzon of Branch 10 of the
Regional Trial Court Pasay City;

5. On September 14, 2009, a Petition for Review dated

September 9, 2009 was filed to the Court of Appeals by
Defendant-Petitioner;

6. On April 23, 2010, Plaintiff-Respondent through legal

counsel filed a Comment dated April 19, 2010;
7. On May 13, 2010, as per Verification and Report from
the Judicial Records Division (JRD) no Reply was filed by
the Defendant-Petitioner;

8. On May 21, 2010, a Resolution was rendered by the

Court of Appeals denying Defendant-Petitioner’s Prayer
for Temporary Restraining Order (TRO);

9. Accordingly, the Honorable Court of Appeals ordered

the parties to submit their respective Memoranda fifteen
(15) days from notice, otherwise regardless whether or not
Memoranda were filed, the petition shall be submitted for
decision;

Hence, the filing of the instant Memorandum.

II. FACTUAL BACKGROUND

10. Plaintiff-Respondent seeks that a parcel of land

located at 123 Binibini Street, Pasay be returned to her
possession, but due to Defendant-Petitioner’s occupancy
thereat, the former cannot claim possession which left her
with the option of residing at 1010 Ginoo Boulevard,
Pasay City. It is noteworthy to stress that Plaintiff-
Respondent is the registered owner of the land subject
under TCT No. 12345 of the Registry of Deeds of Pasay
City. The property was sold to them by the now deceased
original owners, Spouses Marcelo and Marcela del Pilar;
12. Plaintiff-Respondent was not able to claim
immediately the land for it was previously subject to a
pending legal proceeding and that there was still no urgent
necessity of using and occupying it. When the event came
that Plaintiff-Respondent was able to enforce her right
over the land, Defendant-Petitioner, despite earnest and
peaceful efforts of the Plaintiff-Respondent still refused to
vacate the land. This led her to seek help from the
Barangay officials for mediation and/or conciliation in
accordance with law. However, the Defendant-Petitioner
still persistently occupied the land without heed to the
serious and constant demand of the Plaintiff-Respondent
which rendered it unattainable to reach an agreement;

13. Due to the foregoing failure to claim the parcel of land

attributed to the obstinate refusal of the Defendant-
Petitioner, Plaintiff-Respondent was compelled to hire the
services of a legal counsel to commence the enforcement
of ejection under the wings of the courts of law.
III. ISSUES OF THE CASE

A.) WHETHER OR NOT THE HONORABLE TRIAL

COURT ACTED CORRECTLY IN DECIDING THIS
UNLAWFUL DETAINER ACTION ON THE BASIS OF
THE EVIDENCE OF OWNERSHIP AFTER DEFENDANT
HAD RAISED IN DEFENSE THE LESSEE’S RIGHTS
UNDER P.D. 1517, P.D. 2016, APD 1-12 – PASAY CITY;

B.) WHETHER OR NOT AN UNLAWFUL DETAINER

ACTION BARS THE BONA FIDE LESSEE’S RIGHT TO
AVAIL THE PRIVILEGES AND BENEFITS PROVIDED
BY SECTION 6 OF P.D. 1517;