Republic of the Philippines Regional Trial Court Branch 89 Quezon City

LIBERTY AGUILAR, Plaintiff, -versus MARTIN ANONUEVO, Defendant. Civil Case No. Q-10-14344


MEMORANDUM DEFENDANT, Memorandum. by counsel, respectfully submit this

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 1. Martin Anonuevo borrowed money from Liberty Aguilar amounting to P500,000 for the hospitalization and medical expenses his his father. 2. Defendant executed a promissory note, in full confidence that he would be able to pay his indebtness to the plaintiff.

and 27 of February 2010 at 11:00 a.000. 10. Because of his non-participation. took the risk of such condition. INC. the administrative committee of XXX. YYY to respond and appear before XXX. YYY. administrative hearings were set on 9 March 2010 at 9:00 a.m. 2010 the amount of P200. left his employer after receiving his latest salary in full. On 11 April 2010. MR. MR. 13. tendered his two week resignation letter dated 17 February 2010 with XXX.m. after due notice and hearing. fully aware of the said provision in the contract. 11. to find a replacement for the said position when needed. resolved the same based on the complaint and evidence at hand. 25. YYY’s two week notice of resignation letter and replied that the same must comply with the thirty (30) day notice rule for resignation as stipulated under their contract. INC. . since 2 March 2010.3.SSS. In response. MR. XXX. and 2 to 3 p. out of respect and trust to the plaintiff.m.00 thus reducing the balance of his indebtness to P300. 12. MR. with due notice. 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. Defendant paid the plaintiff on December 3. 2011 to pay such amount. 4. YYY confirmed. 9. Despite this agreement. because of the nature of the work specifically required to be performed by an engineer and to also give ample opportunity for XXX. 6. 7. 5. He instead. denied MR. YYY services for the following reasons: (i) Absence Without Leave (AWOL) – from 2 march 2010 to onwards. INC. The said provision was specifically necessary and indispensable for XXX. INC. upon condition that she would issue a consolidated receipt after he paid in full and for the meantime. INC. (ii) Tardiness from 22 to 27 of February 2010. XXX. That defendant. terminated MR. YYY.000. specifically paragraph 11. (iii)Sleeping during working hours specifically on 22. administrative committee and state why he should not be subject to disciplinary action and / or termination of his employment with the same. for MR. plaintiff would just write down his payment on her notebook. that he will comply with the stipulated thirty (30) day notice of rule for resignation. no longer reported for work. INC. On the same day. YYY had no intention of complying with the agreed thirty (30) day notice rule for resignation. INC. through Ms. 8. Thus.

INC.14. 16. MR. . YYY has not paid XXX. YYY to pay liquidated damages in the amount of One Hundred Thousand (Php 100. Formal demand was made upon MR. XXX. suffered delay and damages in its operations in finishing its scheduled projects with its long term clients since it was only MR. As of even date and after due demand. INC. YYY who had the technical know-how in finishing the same which he originally started.00) Pesos as previously agreed by him and the company. Because of this. 15.000. the said amount due.

8 2.425.98 9 98 43 9072 .700/- /:0 /02.3/ /.843# 4.8570.24:39/:0         ./   908.0/:0/ 5740.90/ /.  0.34 431383 908. /02.3.24:39 41 30 :3/70/ %4:8.4:8./.3/ .08 3 98 4507.3/ !5   !0848.2./0 :543 #   94 5. 6:/.90 .03 /.3     8 41 0.790/     472. ..3/  #   .9438 3 1383 98 8.3/90.0473.3/ .08 3 90 .0398 83.:80 41 98      8:11070/ /0.20../9090.8 349 5.09.