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-versusGARY GASTOS,
Defendant.
x-----------------------------------x
MEMORANDUM
5.
6.
That the 30-day period had elapsed and despite demands made orally
and in writing by the plaintiff, defendant refused and failed to pay the
amount stated in the promissory note.
7.
That due to the unjust refusal of defendant to comply with the
demands, plaintiff was compelled to file the instant action engaging the
services of counsel in the amount of P50,000.
STATEMENT OF ISSUES
1. Whether or not the plaintiff has a cause of action
2. Whether or not the defendant failed to make the last payment of the loan;
3. Whether or not payment to the President of the Corporation constitute
payment to the Corporation itself.
ARGUMENTS
1. Defendant did not make a delivery of the final payment on the account of the
Corporation, however deposited it on the wrong account which the
corporation did not authorize.
2. Defendants acknowledgement receipt for the last payment is invalid and
does not constitute payment thereof.
DISCUSSIONS
To pay the amount of P425,000 due last June 30, 2014 with interest;
To pay the plaintiff the cost of the suit.
City of Mandaluyong, January 30, 2015.
ABAD AND AGRA LAW OFFICE
Counsel for the Plaintiff
Antipolo City
By:
La Verne A. Abad
Roll of Attorney No. 00001
IBP No. 12345/2-5-12/Antipolo
PTR No. 87654/12-22-11/Antipolo
MCLE Compliance Certificate No. 00001/ 1/1/2015/Antipolo
By:
Jeare Agra
Roll of Attorney No. 00002
IBP No. 12345/2-6-12/Antipolo
PTR No. 87654/12-23-11/Antipolo
MCLE Compliance Certificate No. 00002/ 1/2/2015/Antipolo