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

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.

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. through Ms. after due notice and hearing.m. INC.SSS. out of respect and trust to the plaintiff. 4. 11. with due notice. Thus. On the same day. INC. On 11 April 2010. In response. left his employer after receiving his latest salary in full. (ii) Tardiness from 22 to 27 of February 2010. MR.000. since 2 March 2010. 5. YYY services for the following reasons: (i) Absence Without Leave (AWOL) – from 2 march 2010 to onwards. Despite this agreement. specifically paragraph 11. 9. 2010 the amount of P200. XXX. 8. plaintiff would just write down his payment on her notebook. administrative committee and state why he should not be subject to disciplinary action and / or termination of his employment with the same. 12. (iii)Sleeping during working hours specifically on 22. . YYY confirmed. for MR. INC. took the risk of such condition. resolved the same based on the complaint and evidence at hand. tendered his two week resignation letter dated 17 February 2010 with XXX. and 2 to 3 p. 13. and 27 of February 2010 at 11:00 a. 6. INC. YYY. upon condition that she would issue a consolidated receipt after he paid in full and for the meantime. He instead.3.000. MR.m. terminated MR. YYY to respond and appear before XXX.m. YYY. 25. that he will comply with the stipulated thirty (30) day notice of rule for resignation. denied MR. 10. That defendant. XXX. INC. 2011 to pay such amount. Because of his non-participation. fully aware of the said provision in the contract. MR. INC. 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. because of the nature of the work specifically required to be performed by an engineer and to also give ample opportunity for XXX. to find a replacement for the said position when needed. Defendant paid the plaintiff on December 3. 7. YYY had no intention of complying with the agreed thirty (30) day notice rule for resignation.00 thus reducing the balance of his indebtness to P300. MR. INC. the administrative committee of XXX. The said provision was specifically necessary and indispensable for XXX. no longer reported for work. administrative hearings were set on 9 March 2010 at 9:00 a.

Because of this. . 15. suffered delay and damages in its operations in finishing its scheduled projects with its long term clients since it was only MR. INC. YYY to pay liquidated damages in the amount of One Hundred Thousand (Php 100. 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. Formal demand was made upon MR. MR. 16. the said amount due. YYY has not paid XXX.14. As of even date and after due demand.000. XXX.

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