Memorandum Ejectment
Memorandum Ejectment
Memorandum Ejectment
Civil
Case
No.
For:
MEMORANDUM
COMES
NOW,
Defendant
ANGELICA
FAUSTINO,
through
the
undersigned counsel, unto this Honorable Court, most respectfully state that:
This is a civil case for Ejectment specifically Unlawful Entry filed by the
herein Plaintiff STEPAHNIE JOY ABARCAR on January 14, 2011 against the
herein defendant ANGELICA FAUSTINO. The defendant filed an Answer with
Counter Claim.
ISSUE/S
I.
WHETHER OR NOT THE DEFENDANT SHOULD BE ORDERED TO
VACATE THE SUBJECT PROPERTY
II.
WHETHER OR NOT THE PLAINTIFF IS ENTITLED TO THE PAYMENT FOR
THE SUBJECT PROPERTY
III.
WHO AMONG THE PARTIES HEREIN IS ENTITLED TO DAMAGES.
ARGUMENT/S
The crux of this matter occurs from the action of Ejectment (Unlawful
Detainer) under Rule 70 of the Rules of Court.
Section 1. Who may institute proceedings, and when.
Subject to the provisions of the next succeeding
section, a person deprived of the possession of any
land
or
building
by
force,
intimidation,
threat,
or
termination
of
the
right
to
hold
When
the
defendant
raises
the
defense
of
Article
1234.
If
the
obligation
has
been
In this case, prior to the payment, plaintiff introduced her only brother
to the defendant. Since there is no other successor-in-interest that could
receive the payment, defendant gave her monthly rentals to plaintiffs
brother. Plaintiff said that she was out of town most of the time. For this
reason, defendant complied with her obligation to pay.
It can also infer that the payment made was beneficial to the creditor
(plaintiff) because she was the breadwinner of her family. She provides for
the needs of her brother, including his educational finances. Her brother
admitted that he used the money to pay his tuition fee in school.
Thus, there is no reason for the defendant to vacate the room she
rented.
From the answer she has made, she denied that the room she had
occupied was Room 132-B and not Room 123-B as alleged in the complaint.
She also stated the occupant of the Room 123-B who did not pay his
monthly obligations. It can be proved by the act of such occupant when he
absconded the Philippines.
in
order
that
moral,
nominal,
of
circumstances
the
court,
of
according
each
to
the
case.
xxx
xxx
xxx
xxx
xxx
When
exemplary
damages
are
awarded;
(2) When the defendant's act or omission
has compelled the plaintiff to litigate with
third persons or to incur expenses to protect
his interest;
(3)
In
criminal
cases
of
malicious
xxx
xxx
PRAYER
A.
B.
DEFENDANT further prays for such other relief as may be just and
equitable under the premises.
Copy Furnished:
(via personal service)