Republic of the Philippines

REGIONAL TRIAL COURT

6th Judicial Region
Branch 12
Makati City

Monkey D Luffy Plaintiff, CIVIL CASE No. 16-0956-2341

- versus – FOR: COLLECTION OF SUM OF

MONEY.

Trafalgar Law Defendant.

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MEMORANDA FOR
PLAINTIFF

Plaintiff, by counsel, respectfully states that:

COME NOW PLAINTIFF-RESPONDENT, through the undersigned

counsel, unto this Honorable Supreme Court most respectfully submit and
present this Memorandum in the above-titled case and aver that:

STATEMENT OF THE CASE

On February 2018 plaintiff filed a Complaint Collection of sum of

Money against defendant.
 On March, 10 2018 defendant filed his answer against the plaintiff.

On March 20 2018, preliminary conference was held in the presence

of the plaintiff, defendant, and their respective counsels.

Accordingly, after presentation of evidences, the Honorable Court

ordered the parties to submit their respective Memoranda fifteen days (15)
days from notice, otherwise, the case is deemed submitted for decision.

STATEMENT OF FACTS

For value received the defendant executed and delivered to RX

Motor’s Phil. INC – Rey Charles (Dealer) a promissory notes (Annex A)
dated on January 10 2016 with the amount of P500, 000.00 payable in 50
months at a monthly installments of P10,000 beginning February 15 2016
and on the 15th day of every month from the due date until the entire
obligation has been paid.
To secure the payment for the promissory note, the defendant also
executed in favor of the dealer a Chattel Mortgage dated January 10 2016
over the motor vehicle.
On June 18, 2016 the dealer assigned to the plaintiff all it’s rights,
title and interest over the Promissory note with Chattel Mortgage through a
Deed of Assignment (Annex B) dated June 18, 2016.
Defendant violated the terms and condition of the Promissory Note
with Chattel Mortgage when he defaulted in its obligation to pay for the
monthly installments for 3 months.
Plaintiff tried to foreclose the said motor vehicle but defendant refuse
even with subsequent demand whether by oral or written.
Due to the foregoing failure to deliver the motor vehicle stated in the
contract, and the obstinate refusal of the Defendant, Plaintiff was
compelled to hire the services of a legal counsel to commence the
enforcement of ejection under the wings of the courts of law.
 ISSUES

Given the foregoing facts and circumstances, the following issues are
presented
for discussion:

1. Whether or not defendants incurred default in the payment of their

obligation?
2. Whether or
3. Whether or not the defendants is entitled to exact payments,
damages, and attorneys fee?

ARGUMENTS

It is undeniably truth that defendant violated the contract when he

defaulted with his obligation regarding the Promissory Note with Chattel
Mortgage. Article 1953 of the New Civil Code of the Philippines,
provides that a person who receives a loan of money or any other fungible
thing acquires the ownership thereof and is bound to pay to the creditor an
equal amount of the same kind and quality. A debtor has the obligation
to return to the amount that he borrowed on the date and time that he
and the creditor have agreed upon.

Clearly, defendant violated this law when he defaulted on his

payment for 3 months without any reason at all. He also didn’t coordinated
with the Plaintiff on why did he defaulted in his payments.

Defendant allegation of him not knowing the contents of the contract

has been discredited when his signature attach to the contract was proven
by the witness and the attach evidence, hence, he read the contract before
he signed it.

Plaintiff also prove that the Deed of Assignment transferring the

Promissory Note with Chattel Mortgage and all of the rights of the dealer to
the Plaintiff was well known to the defendant and the fact that he paid the
installment from July to December of 2016 which is addressed to said
plaintiff prove the fact that defendant acknowledge said Deed of
Assignment.

Defendant arguments of paying fully the remaining balance is

unfounded as plaintiff didn’t receive the amount the defendant have paid.

PRAYER

WHEREFORE, premises considered, plaintiff respectfully prays to the

honorable court that judgment be rendered in his favor as follows:

1. An order be issued by this Honorable Court ordering the

defendant to pay the plaintiff the remaining balance plus interest .

2. Judgment be rendered ordering the defendant to delivered

said vehicle to plaintiff as per the agreement between the parties.

4. Ordering the defendant to pay the defendant the amount of

P30,000.00 as Attorney’s Fees and to pay cost suit.

Some other relief and remedies as may be deemed just and equitable
under the premises are likewise prayed for.

Respectfully submitted.

Makati City, Philippines. June 1 2018.

STF Law Firm, Suite 704, Hi-Residences Bldg.,

23th ST. Bonifacio High Taguig City

By
ATTY. Raposon, Neil Patrick
Counsel for Plaintiff
 Roll No. 99104
IBP Membership No. 911117 1-21-2017 Taguig City
PTR No. 1247838 1-20-2017 Taguig City
MCLE No. 111-000898 2-13-2017

COPY FURNISHED:

BRANCH CLERK OF COURT

Regional trial Court
Branch 12, Makati City

ATTY Marlon SY
Counsel for the Defendant
7-C Crispa Ave., San Lorenzo Village,
Pamplona III, 1712 Makati City
 VERIFICATION

I, Monkey D Luffy Filipino, of legal age, single and residing at BLK

284 L 6 Sapot ST. Bgy. Tejeros Makati city, after having been duly sworn to
in accordance with law depose and say, THAT:

That I am the Plaintiff in the above-entitled case; That I have caused

the preparation of the above Complaint and I have read the same and
knows the contents thereof; That the allegations contained therein are true
and correct of my own personal knowledge.

IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of

June, 2018 at Makati City, Philippines.

SUBSCRIBED AND SWORN to before me this 1st day of June, 2018

by Monkey D Luffy who exhibited to me her Voter’s ID No. 12345 issued at
Makati City, Philippines on May 12, 2010.

WITNESS MY HAND AND SEAL.

Doc. No. 0012;

Page No. 003;
Book No. 001;
Series of 2016.