Republic of the Philippines

METROPOLITAN TRIAL COURT

National Capital Region
Branch 37, Marikina City

BILBO BAGGINS,
Plaintiff,

-versus- CIVIL CASE NO. L-2941

For: Ejectment

LOBELIA BRACEGIRDLE,
Defendant.
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MEMORANDUM

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

STATEMENT OF THE CASE

This is an Ejectment Case for Unlawful Detainer instituted by the herein Plaintiff BILBO
BAGGINS on February 20, 2019, and within one (1) year from the making of the last demand to
vacate the leased apartment unit, against the Defendant LOBELIA BRACEGIRDLE.

THE FACTS OF THE CASE

1. Plaintiff Bilbo Baggins is of legal age, single, and residing at 001 Bag End Lane,
Habbiton Estates, The Shire, Markina City, where he may be served with legal processes and
notices issued by this Honorable Court;

2. The Plaintiff is the lawful owner of Hardbottle Apartments, which is located at 111
Brandywine Avenue, North Farthing Village, The Shire, Marikina City, covered by Transfer
Certificate of Title No. 2889, Registry of Deeds of Marikina City;

3. Defendant Lobelia Bracegirdle is of legal age, single, and residing at Unit 123 Hardbottle
Apartments, 111 Brandywine Avenue, North Farthing Village, The Shire, Marikina City, and
may be served with legal processes and other judicial notices thereto;

4. A LEASE CONTRACT between the Plaintiff and the Defendant was entered into on
January 2, 2017 over the above-mentioned leased apartment unit, where the Defendant now
resides, for the amount of TWELVE THOUSAND FIVE HUNDRED PESOS (P12,500.00) a
month;

5. The Defendant has not paid her rent for the leased apartment unit for the period of SIX
(6) MONTHS, or from the months of August 2018 to January 2019, despite repeated attempts by
the Plaintiff to collect arrears of rent;
 6. A DEMAND LETTER was sent by the Plaintiff to the Defendant on January 4, 2019
because a sum of SEVENTY FIVE THOUSAND PESOS (P75,000.00) remains unpaid, but was
ignored by the Defendant;

7. A FINAL LETTER OF DEMAND and NOTICE TO VACATE the leased apartment unit
were sent by the Plaintiff, through counsel, to the Defendant on January 20, 2019, which were,
again, unyielded to by the latter;

8. Due to continuous oral and written demands of the plaintiff without any compliance from
the defendant, this caused the former to refer the case to the Katarungang Pambarangay,
pursuant to Section 412(a) of Republic Act (RA) 7160 or the Local Government Code of 1991.
However, no settlement has arrived;

9. The Defendant remains in possession of the leased apartment unit, and deprives the
Plaintiff of the latter’s enjoyment. In order to institute a civil action, this instant case was
elevated to the municipal trial court.

ISSUE OF THE CASE

WHETHER OR NOT THE DEFENDANT SHOULD BE ORDERED TO VACATE

THE SUBJECT PROPERTY;

ARGUMENTS

The Defendant is illegally withholding possession of the leased property after her failure
to vacate the leased apartment unit despite the Final Letter of Demand and Notice to Vacate
dated January 20, 2019, tendered by the Plaintiff, through counsel, to the former.

Rule 70 of the Rules of Court provides:

“Section 1. Who may institute proceedings, and when.

Subject to the provisions of the next succeeding section, a person deprived of the
possession of any land or building by force, intimidation, threat, strategy, or stealth,
or a lessor, vendor, vendee, or other person against whom the possession of any land
or building is unlawfully withheld after the expiration or termination of the right to
hold possession, by virtue of any contract, express or implied, or the legal
representatives or assigns of any such lessor, vendor, vendee, or other person, may at
any time within one (1) year after such unlawful deprivation or withholding of
possession, bring an action in the proper Municipal Trial Court against the person or
persons unlawfully withholding or depriving of possession, or any person or persons
claiming under them, for the restitution of such possession, together with damages and
costs.”

The possession of the Defendant of the leased apartment unit was initially legal by virtue
of the LEASE CONTRACT entered into by both parties, dated January 2, 2017. However, due to
the Defendant’s repeated failure to settle the arrears of rent, the Plaintiff has exercised his right
to terminate the contract provided under ARTICLE FIVE (5) of the Lease Contract, to wit:

“ARTICLE V. DEFAULT PAYMENT: In case of default by the LESSEE in the

payment of the rent, such as when the checks are dishonored, the LESSOR at its option
may terminate this contract and eject the LESSEE. The LESSOR has the right to
padlock the premises when the LESSEE is in default of payment for One (1) month and
may forfeit whatever rental deposit or advances have been given by the LESSEE.”
 Upon service of the FINAL NOTICE OF DEMAND and NOTICE TO VACATE, dated
January 20, 2019, the Plaintiff has effectively terminated the contract, and thereby cutting the
legal cord that sustains the Defendant’s right to possess the property. Therefore, the continued
possession of the Defendant of the apartment unit has become illegal and prejudicial to the rights
of the Plaintiff. The continued illegal possession of the Defendant of the apartment unit
constitutes as unrealized income for the livelihood of the Plaintiff.

PRAYER

WHEREFORE, premise considered, it is the Plaintiff’s prayer that this Honorable

Metropolitan Trial Court order the Defendant to VACATE the apartment unit and to surrender
possession thereof to the Plaintiff. The Plaintiff also prays that this Honorable court order the
Defendant to pay the Plaintiff the sum of SEVENTY FIVE THOUSAND PESOS (P75,000.00)
for the unsettled arrears of rent plus interest, as well as the rent plus interest corresponding the
period from the last due date of the herein demanded to the time when the Defendant will have
vacated the premises.

Other just and equitable relief under the foregoing are likewise being prayed for.

Respectfully submitted.

Manila City for Marikina City, Philippines. March 8, 2019.

OAKENSHIELD GANDALF ARAGORN & GLOIN LAW OFFICE

Counsel for Plaintiff
12th Floor, Erebor Building,
Lonely Mountain Heights, Manila City

By:

ATTY. GANDALF GREYBEARD

IBP Lifetime No. 3021; 09/29/2013
PTR No. 1111; 1/10/2011
Roll of Attorney No. 2013-00111
MCLE Compliance No. III – 000899

Copy Furnished:

ATTY. SARUMAN D. WHITEWIZARD

Counsel for Defendant
Unit 3019, Isengard Tower,
White Hand Avenue, Manila