Republic of the Philippines MUNICIPAL TRIAL COURT IN CITIES Ligao City Branch 3

Mr. Jesus Petitioner, -versusCIVIL CASE NO. L-12345 For: Ejectment

Mr. Juan, Defendant x-------------------------------------------------------------------------x MEMORANDUM

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

THE PARTIES 1. Plaintiff Mr. Jesus is of legal age, married, and residing on 2013 Magayon Boulevard, Ligao City, where she may be served with legal processes and notices issued by this Honorable Court. 2. Defendant Mr. Juan is of legal age and residing on 143 Market Site, Ligao City, where he can be served with legal processes and notices by this Honorable Court. I. FACTUAL BACKGROUND

1. Plaintiff seeks that a parcel of land located at 123 Binibini Street, Bobonsuran, Ligao City be returned to his possession, but due to Defendant occupancy thereat, the former cannot claim possession which left him with the option of residing at 2013 Magayon Boulevard, Ligao City. 2. That it is noteworthy to stress that Plaintiff is the registered owner of the land subject under TCT No. 12345 issued on July 12, 1978 by the Register of Deeds of Ligao City. The property was sold to him by the now deceased original owner, Mr. Pedro as evidenced by the Deed of Absolute sale dated July 12, 1077; 3. That since then, the Petitioner religiously paid the real property taxes. 4. Defendant, on the other hand, is an alleged heir of the original owner of the land. That on September 10, 2006, the Defendant entered the subject property and started harvesting the fruits

and trees therein planted. The Defendant, likewise, cut several trees and used them to build his house on the subject property; 5. Plaintiff was not able to claim immediately the land for there was still no urgent necessity of using and occupying it. 6. That on September 15, 2007, Plaintiff discovered the possession of the Defendant of the subject property. 7. That despite earnest and peaceful efforts of the Plaintiff, the Defendant still refused to vacate the land. This led her to seek help from the Barangay officials for mediation and/or conciliation in accordance with law. However, the Defendant still persistently occupied the land without heed to the serious and constant demand of the Plaintiff which rendered it unattainable to reach an agreement; 8. Due to the foregoing failure to claim the parcel of land attributed to 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 on July 18, 2008.

II.

ISSUES OF THE CASE

WHETHER OR NOT MR JUAN MAY BE VALIDLY EJECTED FROM THE SUBJECT PROPERTY. III. ARGUMENTS

Mr. Juan may be validly ejected from the subject property. IV. DISCUSSION

It is necessary to emphasize that the Plaintiff is the bona fide owner of the parcel of land located at 123 Binibini Street, Bobonsuran, Ligao City under TCT No, 12345 of the Register of Deeds of Ligao City. In the Philippines, the presentation of a valid certificate of title of the real property is a conclusive evidence of ownership of the person whose name the certificate of title is entitled to. Under Section 47 of the Land Registration Act, or Act No. 496, it provides that the original certificates in the registration book, any copy thereof duly certified under the signature of the clerk, or of the register of deeds of the province or city where the land is situated, and the seal of the court, and also the owners duplicate certificate, shall be received as evidence in all the courts of the Philippine Islands and shall be conclusive as to all matters contained therein except so far as otherwise provided in this Act. Recognized jurisprudence also upholds the significance of a certificate of title in proving valid ownership of a land. The case of Baloloy v. Hular stated that a Torrens title is evidence of indefeasible title to property in favor of the person in whose name the title appears. It is conclusive evidence with respect to the ownership of the land described therein. Carvajal v. Court of Appeals. In the decision of the case of Arambulo v. Gungab, the Court held that the registered owner is preferred to possess the property subject of the unlawful detainer case. The age-old rule is that the person who has a Torrens Title over a land is entitled to possession thereof.

The ruling of Dizon v. Court of Appeals was also used as basis for this argument. It was stated that a certificate of title is conclusive evidence of ownership and the questionability of the title is immaterial in an ejectment suit. Futhermore, Article 428 of the New Civil Code enumerates the rights of an owner. The owner has the right to enjoy and dispose of a thing, without other limitations other than those established by law. The owner has right of action against the holder and possessor of the thing in order to recover it. It is indubitable that the certificate of title of 123 Binibini Street, Bobonsuran, Ligao City under TCT No, 12345 which is registered in the Register of Deeds of Ligao City entitles Petitioner-Respondent the right to exercise the aforementioned rights, specifically, in this instant case, the right of action against the holder and possessor of the thing in order to recover the land. The contention of the Defendant that he is the sole heir of the original owner, Mr. Pedro, who died intestate, is of no moment because long before the death of Mr. Pedro, said subject lot has already been sold and transferred to the Plaintiff. This fact was evidenced by the Deed of Absolute Sale and the registration of the certificate of title of said lot, which shall serve as a constructive notice to third persons. With the foregoing recognized jurisprudence said, the Petitioners action may be said to have sufficient merit.

PRAYER WHEREFORE, premise considered, it respectfully prayed for that this Honorable Court that Petitioners prayer for ejectment against the DEFENDANT be granted for being clearly meritorious. Other just and equitable relief under the foregoing are likewise being prayed for. Respectfully submitted. Ligao City, Philippines. September 4, 2008.

XYZ LAW OFFICES Counsel for Plaintiff 4th Floor, Prime Building, Legazpi Avenue, Legazpi City

By: ATTY. X IBP Lifetime No. 67891; 5/10/2005 PTR No. 44568; 1/10/2011 Roll of Attorney No. 2005-001023 MCLE Compliance No. III 000899

Copy Furnished:

ATTY. JEFFREY A. ARCHER Counsel for Petitioner Unit 1200, Tall Building Condominium, Espana, Manila