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SUPREME COURT
Manila City
JUANA DELA CRUZ,
Defendant-Petitioner,
-versusNO. L-12345
CIVIL CASE
For: Ejectment
JANE DOE,
Plaintiff-Respondent.
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MEMORANDUM
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:
THE PARTIES
1. Plaintiff-Respondent Jane Doe is of legal age, single, and residing on 1010 Ginoo
Boulevard, Pasay City, where she may be served with legal processes and notices
issued by this Honorable Court;
2. Defendant-Petitioner Juana Dela Cruz is of legal age and residing on 123 Binibini
Street,Quezon City, and may be served with legal processes and other judicial
notices thereto.
I.PROCEDURAL BACKGROUND
1. On February 11, 2008, herein Plaintiff-Respondent filed a Complaint for Ejectment
dated February 7, 2008 against Defendant-Petitioner;
2. On December 22, 2008, an Answer dated December 15, 2008 was filed by the
Defendant-Petitioner;
3. On February 3, 2009, a Decision was rendered by Branch 1 of Metropolitan Trial
Court of Pasay City in favor of the Plaintiff-Respondent;
4. On August 6, 2009, a Motion for Reconsideration filed July 5, 2009 by DefendantPetitioner through legal counsel was denied by Judge Lorenzo Menzon of Branch 10
of the Regional Trial Court Pasay City;
5. On September 14, 2009, a Petition for Review dated September 9, 2009 was filed
to the Court of Appeals by Defendant-Petitioner;
13. Due to the foregoing failure to claim the parcel of land attributed to the
obstinate refusalof the Defendant-Petitioner, Plaintiff-Respondent was compelled to
hire the services of a legalcounsel to commence the enforcement of ejection under
the wings of the courts of law.
III.ISSUES OF THE CASE
A.) WHETHER OR NOT THE HONORABLE TRIAL COURT ACTEDCORRECTLY IN
DECIDING THIS UNLAWFUL DETAINER ACTION ON THEBASIS OF THE EVIDENCE OF
OWNERSHIP AFTER DEFENDANT HADRAISED IN DEFENSE THE LESSEES RIGHTS
UNDER P.D. 1517, P.D. 2016,APD 1-12 PASAY CITY;
B.)WHETHER OR NOT AN UNLAWFUL DETAINER ACTION BARS THEBONA FIDE
LESSEES RIGHT TO AVAIL THE PRIVILEGES AND BENEFITSPROVIDED BY SECTION 6
OF P.D. 1517;
C.)WHETHER OR NOT IN DETERMINING THE COVERAGE OF AREAS FOR PRIORITY
DEVELOPMENT (APD), REFERENCE MUST BE HAD TO THELIST OF THE STREETS
SUBJECT TO THE ZONAL DEVELOPMENT ANDNOT TO THE AREAS INCLUDED IN THE
DELINEATION BY METES ANDBOUNDS AS INDICATED IN THE PROCLAMATION ITSELF.
IV.ARGUMENTS
A.) The court committed no error in deciding that an unlawful detainer action
beenforced upon herein Defendant-Petitioner despite the assailed contention of
theformer under P.D. 1517 and P.D. 2016.
B.)There is no bar in this instant case for an unlawful detainer to avail the benefits
andprivileges provided by Section 6 P.D. 1517 provided it is applicable.
C.)The determination of the scope and limitation of Areas for Priority
Developmentshall be based on the list of specific areas prescribed by the
proclamation.
V.DISCUSSION
A.)It is necessary to emphasize that the Plaintiff-Respondent is the bona fide owner
of the parcel of land located at 123 Binibini Street, Pasay City under TCT No, 12345
of the Register of Deeds of Pasay 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 isentitled to.Under Section 47 of the Land
Registration Act, or Act No. 496, it provides that the originalcertificates in the
registration book, any copy thereof duly certified under the signature of theclerk, 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 courtsof the Philippine Islands and shall be conclusive as to all
matters contained therein except so far as otherwise provided in this