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.

The said provision was specifically necessary and indispensable for XXX. INC. That defendant. after due notice and hearing. plaintiff would just write down his payment on her notebook. since 2 March 2010. with due notice.3. and 27 of February 2010 at 11:00 a. because of the nature of the work specifically required to be performed by an engineer and to also give ample opportunity for XXX. YYY. 5. resolved the same based on the complaint and evidence at hand. no longer reported for work. MR. YYY confirmed. 13. XXX. 10. Despite this agreement. 2010 the amount of P200. 4. administrative committee and state why he should not be subject to disciplinary action and / or termination of his employment with the same. left his employer after receiving his latest salary in full. that he will comply with the stipulated thirty (30) day notice of rule for resignation. (ii) Tardiness from 22 to 27 of February 2010. 7. On 11 April 2010. 12.00 thus reducing the balance of his indebtness to P300. tendered his two week resignation letter dated 17 February 2010 with XXX. denied MR. Because of his non-participation. for MR. INC. MR. 2011 to pay such amount. Thus. (iii)Sleeping during working hours specifically on 22. . 8.000. Defendant paid the plaintiff on December 3. INC. XXX.m. INC.m. fully aware of the said provision in the contract. YYY had no intention of complying with the agreed thirty (30) day notice rule for resignation. 9. terminated MR. YYY. YYY services for the following reasons: (i) Absence Without Leave (AWOL) – from 2 march 2010 to onwards. upon condition that she would issue a consolidated receipt after he paid in full and for the meantime. through Ms. 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. INC. In response. On the same day. specifically paragraph 11. 6. the administrative committee of XXX. to find a replacement for the said position when needed.SSS. 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. MR. and 2 to 3 p. took the risk of such condition. INC. administrative hearings were set on 9 March 2010 at 9:00 a.000. INC. He instead. out of respect and trust to the plaintiff.m. MR. YYY to respond and appear before XXX. 11. 25.

YYY to pay liquidated damages in the amount of One Hundred Thousand (Php 100. YYY has not paid XXX. Formal demand was made upon MR. suffered delay and damages in its operations in finishing its scheduled projects with its long term clients since it was only MR. 16. YYY who had the technical know-how in finishing the same which he originally started. INC. MR. the said amount due. . INC.14. 15. As of even date and after due demand.00) Pesos as previously agreed by him and the company.000. XXX. Because of this.

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