Republic of the Philippines Regional Trial Court Branch 89 Quezon City


-versus MARTIN ANONUEVO, Defendant.

CIVIL CASE No. Q-10-14344



DEFENDANT, Memorandum.







Preliminary Statement

Defendant denies the allegations of the plaintiff, the truth of the matter that his indebtness to the plaintiff has already been paid fully on January 6, 2011 and that the plaintiff was tainted with ill motive in filing the complaint. Defendant now prays that the complaint be dismissed by the Honorable Court.


Statement of Facts


Martin Anonuevo borrowed money from Liberty Aguilar

amounting to P500,000 for the hospitalization and medical expenses for his father.

Defendant executed a promissory note. That the defendant never received a letter of demand from the plaintiff for his indebtness never became due and demandable. 2010 the amount of P200. almost two months from the date it was sent is highly doubtful: According to a Post Office Authority. Defendant paid the plaintiff on December 3. That on December 20. plaintiff would just write down his payment on her notebook. 2011 to pay such amount. never met Carmen Plaza who allegedly received the demand letter on his behalf. That defendant.000. neither so that said person authorized by him to received letters for him. in full confidence that he would be able to pay his indebtness to the plaintiff.000.00 thus reducing the balance of his indebtness to P300. out of respect and trust to the plaintiff. upon condition that she would issue a consolidated receipt after he paid in full and for the meantime. 2011. 7.00 on January 6. 4. 2010. 2011.000. 3. assuming that it was sent by the plaintiff. That the defendant.000. took the risk of such condition. .2. 6. 2011 wherein allegedly received by the defendant on April 25. That the alleged demand letter was dated March 3. defendant paid another P200. defendant pleaded the plaintiff if he may be allowed to pay his balance in two other installments and plaintiff gave defendant up to January 6. 5.00 and that to make good of his promised he fully settled his obligation by paying the remaining balance of P100. On the same day. 8.

10. 2010 the defendant paid P200. for on February 25.00 as initial payment and pleaded to the plaintiff that the full amount will be paid on January 06. That the plaintiff out of revenge and retaliation filed this complaint to vindicate his son. The defendant has already paid His obligation amounting to P500. Out of trust and respect to the plaintiff. This Honorable Court is asked to determine this issue: Whether or not the defendant paid the amount of P500. 2011. 2. 2011 ----------------------------------------------------- . That the plaintiff was tainted with ill motive in filing this complaint.9. Issue . For the meantime. 2011. Arguments and Discussions 1. 2010 but was not able to pay the full amount of the said obligation. the plaintiff wrote in her small notebook the said payment. III. The receipt will be given by the plaintiff just in case the amount will be fully paid. the defendant took the risk of such condition. plaintiff¶s son was mauled by defendant¶s son on a boxing quarrel while playing basketball within the subdivision.000 To the plaintiff --------------------------------------------------The defendant executed a promissory note to the plaintiff and he will pay the amount on Dec ember 15. But on December 03. IV.000 to the plaintiff. That the plaintiff sent a demand letter To the defendant dated March 3. The plaintiff in return agreed to the said agreement.000.

2011. and . PRAYER WHEREFORE. V. The case was filed by the plaintiff With ill motive --------------------------------------------On February 25. Dismissing the complaint in its entirety. 2011 in which case the defendant never received such demand letter. 2011.00. b) Exemplary damages in the amount of Php 50. according to the plaintiff.00. c) Moral damages in the amount of not less than Php 50. and Ordering plaintiff to pay defendant: a) Actual damages in the amount of Php 50. plaintiff¶s son Malaya Aguila and defendant¶s son Brent Anonuevo was playing basketball in the subdivision and subsequently had a fight. Attached herewith is the Barangay blotter as Annex ³A´. it is respectfully prayed that judgment be rendered: 1.000. 2.000. This is untrue and doubtful because the post office authority said that for the registered mail to receive by the recipient last only for two weeks particularly if the letter will be sent in the same locality. He never knew or met the person a certain Carmen Plaza who allegedly received the said demand letter on his behalf. Said demand letter was.00. was received by the defendant on April 25.000. 3. premises considered. It turned out that the plaintiff¶s son was mauled by the defendant¶s son and the former went to the barangay to blotter the incident.According to the plaintiff she allegedly sent a demand letter to the defendant dated March 03.

476668 MCLE COMPLIANCE NO.Philamlife Tower. 7753678/02. REVILLOZA RUBY ROSE R.. Quezon City. 139 Malakas St. Senor Ivan de Palacio No. Quezon City Tel.10/Q.d) Attorney's fees and litigation expenses of at least Php 100. ROLL NO. Central Diliman.C. Phillippines. II-0009666 Copy furnished: Atty. LACSON . August 20. ROLL NO. II-0015592 RUBY ROSE R. 920-4710/710-6134 By: LOYD GREG P. Cor.10/Cavite PTR NO.000. Matalino St. RENE ACOSTA &ASSOCIATES Counsel for Defendant 3rd Flr. 31757666/01... 779719/01.C.04.19. 2011. Lea Salvatiera and/or Atty. Jerry Marc Carbonel Counsel for Plaintiff 29thFlr.00 and for such otherreliefs. just and equitable under the premises.04. 504643 MCLE COMPLIANCE NO.10/Q. Rule 13 of the Rules of Court) The undersigned caused the service of the foregoing Memorandum to plaintiff¶s counselthrough registered mail due to the distance of the office of the undersigned counsel and lack of personnel to effect personal service. Manila 8767 EXPLANATION (Pursuant to Section 11.10/Rizal PTR NO. REVILLOZA IBP NO.03. LLOYD GREG P. 3636846/01.. LACSON IBP NO. No.

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