Republic of the Philippines

METROPOLITAN TRIAL COURT

Davao City

ROBERT G. SINGIL,
Plaintiff -Petitioner,

-versus- CIVIL CASE NO. L-12345

For: Small Claims

ATTY. MARTIN TAKBO,

Defendant- Respondent.
x-------------------------------------------------------------------------x

MEMORANDUM

COME NOW PLAINTIFF-PETITIONER, 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-Petitioner Robert G. Singil is of legal age, single, and residing on 1010 Ginoo
Boulevard, Davao City, where she may be served with legal processes and notices issued by this
Honorable Court;

2. Defendant-Respondent Atty. Robert Takbo is of legal age and residing on 123 Binibini
Street, Davao City, and may be served with legal processes and other judicial notices thereto.

I. PROCEDURAL BACKGROUND

1. On January 21, 2014, herein Plaintiff-Petitioner filed a Complaint for Small Claims dated
January 20, 2014 against Defendant-Respondent;

2. On April 30, 2014, an Answer dated April 25, 2014 was filed by the Defendant-
Respondent;

Hence, the filing of the instant Memorandum.

II. FACTUAL BACKGROUND

1. Plaintiff- petitioner, personally knew the defendant-respondent, approached and

borrowed money in the amount of P300,000 from the former and the latter issued check in return
he issued a postdated check dated February 10, 2013 in the amount of P300,000. And despite of
repeated demand the latter refused to pay the same;

3. Defendant-Respondent, on the other hand, admitted some allegations from the complaint.
However, specifically denies the allegations that the respondent never contacted the petitioner. In
short, there is admittedly failure to pay a just debt, the same is not brought about by willfulness
on respondent’s part but rather financial constraints;

III. ISSUES OF THE CASE

A.) WHETHER OR NOT THE RESPONDENT MAY BE SUBJECT TO

SUSPENSION DUE TO FAILURE TO PAY THE DEBT DUE.

PRAYER

WHEREFORE, premise considered, it respectfully prayed for that this Honorable

Metropolitan Trial Court that Plaintiff- Petitioner’s prayer for suspension be DENIED for having
too harsh and ordered Respondent to pay the petitioner the sum of P300,000 and interest.

Respectfully submitted.

Davao City, Philippines. April 8, 2014.