Republic of the Philippines Regional Trial Court Branch 89 Quezon City

LIBERTY AGUILAR, Plaintiff,

-versus MARTIN ANONUEVO, Defendant.

CIVIL CASE No. Q-10-14344

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MEMORANDUM

DEFENDANT, Memorandum.

by

counsel,

respectfully

submit

this

I.

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.

II.

Statement of Facts

1.

Martin Anonuevo borrowed money from Liberty Aguilar

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

2.

Defendant executed a promissory note, in full confidence that

he would be able to pay his indebtness to the plaintiff.

3.

Defendant paid the plaintiff on December 3, 2010 the amount

of P200,000.00 thus reducing the balance of his indebtness to P300,000.

4.

On the same day, 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, 2011 to pay such amount, upon condition that she would issue a consolidated receipt after he paid in full and for the meantime, plaintiff would just write down his payment on her notebook. That defendant, out of respect and trust to the plaintiff, took the risk of such condition.

5.

That on December 20, 2010, defendant paid another

P200,000.00 and that to make good of his promised he fully settled his obligation by paying the remaining balance of P100,000.00 on January 6, 2011.

6.

That the defendant never received a letter of demand from the

plaintiff for his indebtness never became due and demandable.

7.

That the defendant, assuming that it was sent by the plaintiff,

never met Carmen Plaza who allegedly received the demand letter on his behalf, neither so that said person authorized by him to received letters for him.

8.

That the alleged demand letter was dated March 3, 2011

wherein allegedly received by the defendant on April 25, 2011, almost two months from the date it was sent is highly doubtful: According to a Post Office Authority.

9.

That the plaintiff was tainted with ill motive in filing this

complaint, for on February 25, 2011, plaintiffs son was mauled by defendants son on a boxing quarrel while playing basketball within the subdivision.

10.

That the plaintiff out of revenge and retaliation filed this

complaint to vindicate his son.

III.

Issue

This Honorable Court is asked to determine this issue: Whether

or not the defendant paid the amount of P500,000 to the plaintiff.

IV.

Arguments and Discussions

1. The defendant has already paid His obligation amounting to P500,000 To the plaintiff --------------------------------------------------The defendant executed a promissory note to the plaintiff and he will pay the amount on Dec ember 15, 2010 but was not able to pay the full amount of the said obligation. But on December 03, 2010 the defendant paid P200,000.00 as initial payment and pleaded to the plaintiff that the full amount will be paid on January 06, 2011. The plaintiff in return agreed to the said agreement. The receipt will be given by the plaintiff just in case the amount will be fully paid. For the meantime, the plaintiff wrote in her small notebook the said payment. Out of trust and respect to the plaintiff, the defendant took the risk of such condition.

2. That the plaintiff sent a demand letter To the defendant dated March 3, 2011 -----------------------------------------------------

According to the plaintiff she allegedly sent a demand letter to the defendant dated March 03, 2011 in which case the defendant never received such demand letter. 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, according to the plaintiff, was received by the defendant on April 25, 2011. 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.

3. The case was filed by the plaintiff With ill motive --------------------------------------------On February 25, 2011, plaintiffs son Malaya Aguila and defendants son Brent Anonuevo was playing basketball in the subdivision and subsequently had a fight. It turned out that the plaintiffs son was mauled by the defendants son and the former went to the barangay to blotter the incident. Attached herewith is the Barangay blotter as Annex A.

V.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that judgment be rendered:

1. 2.

Dismissing the complaint in its entirety; and Ordering plaintiff to pay defendant:

a)

Actual damages in the amount of Php 50,000.00;

b)

Exemplary damages in the amount of Php 50,000.00;

c)

Moral damages in the amount of not less than Php 50,000.00; and

d)

Attorney's fees and litigation expenses of at least Php 100,000.00 and for such

otherreliefs, just and equitable under the premises.

Quezon City, Phillippines, August 20, 2011. RENE ACOSTA &ASSOCIATES Counsel for Defendant 3rd Flr., Senor Ivan de Palacio No. 139 Malakas St., Cor. Matalino St., Central Diliman, Quezon City Tel. No. 920-4710/710-6134 By: LOYD GREG P. REVILLOZA IBP NO. 7753678/02.03.10/Rizal PTR NO. 3636846/01.19.10/Q.C. ROLL NO. 504643 MCLE COMPLIANCE NO. II-0015592

RUBY ROSE R. LACSON IBP NO. 779719/01.04.10/Cavite PTR NO. 31757666/01.04.10/Q.C. ROLL NO. 476668 MCLE COMPLIANCE NO. II-0009666

Copy furnished: Atty. Lea Salvatiera and/or Atty. Jerry Marc Carbonel Counsel for Plaintiff 29thFlr.,Philamlife Tower, Manila 8767

EXPLANATION (Pursuant to Section 11, Rule 13 of the Rules of Court)

The undersigned caused the service of the foregoing Memorandum to plaintiffs counselthrough registered mail due to the distance of the office of the undersigned counsel and lack of personnel to effect personal service.

LLOYD GREG P. REVILLOZA

RUBY ROSE R. LACSON