Republic of the Philippines

REGIONAL TRIAL COURT

Sixth Judicial Region
Branch 26
Iloilo City

Andrew Epal,
Plaintiff,
CIVIL CASE No. 16-74487
- versus - For: COLLECTION OF
SUMS OF
MONEY AND DAMAGES

Gloc Nine,
Defendant.
X--------------X

MEMORANDUM

COMES NOW, Defendant, through the undersigned counsel

and to this Honorable Court, most respectfully states:

1. PRELIMINARY STATEMENT

1.1 On January 5, 2012, Plaintiff filed before this Honorable Court a

complaint for collection for sums of money, premised on the

ground that the defendant failed to pay his obligations when it

became due and demandable based on the contract of loan

dated September 19, 2011;

1.2 That the Defendant received a copy of the complaint on January

8, 2012;

1.3 That the defendant filed his answer on January 18, 2012, ten

days (10) after he received the said complaint and that his

answer is timely filed within this honorable court and within the

fifteen (15) day period required by the law;

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1.3 The complaint raised this issue: Whether or not the

defendant is liable for the obligation amounting to Five Hundred

thousand Pesos(Php500,000.00), plus interest, damages and

attorney’s fees.

2. THE PARTIES

2.1 DEFENDANT Gloc Nine is a gun shop owner and a resident of

Brgy San Agustin Iloilo City.

2.2 PLAINTIFF Andrew Epal , is a retired Seaman and a professor

at JBLFMU duly licensed by the Professional Regulation

Commission .
2.3

3.STATEMENT OF FACTS AND OF THE CASE

3.1 That the collection subject of the complaint is that of plaintiff and

respondent which was entered into by herein parties on March 16

, 2003 per Contract of Loan;

3.2 That the collection subject of the complaint is that of plaintiff and

defendant which was entered into by herein parties on March 16,

2003 as evidenced by the promissory note.

3.3 The Contract to Loan dated March 16 ,2003 in the amount of

FIVE HUNDRED THOUSAND (Php 500,000.00) was entered

under the Notarial Register of Atty. Diok No , Doc. No. 5350, Page

No. 74, Book No. VIII, Series of 2004;

3.4 On September 30, 2011, Andrew Epal issued Gloc Nine a

written demand letter however the defendant was unable to pay

due to unavailability of funds because of a failed contract of

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sale of his real property which he anticipated was to be the

source of the payment for his obligation with the plaintiff.

3.5 Thereafter, Gloc Nine was able to sell guns to the Armed Force of

the Philippines and as a result he was able his obligations to

Andrew Epal in the amount of Five Hundred Thousand Pesos (Php

500,000.00) as evidenced by the receipt.

4. DISCUSSION OF THE ISSUES

4.1 In Monfort v. Aguinaldo,the Supreme Court held thatthe

receipts of payment, although not exclusive, were deemed to be
the best evidence. Thus:

“That the best evidence for proving payment is

by the evidence of receipts showing the same
is also admitted. What respondents claim is
that there is no rule which provides that
payment can only be proved by receipts.
While receipts are deemed to be the best
evidence, they are not exclusive. Other
evidence may be presented in lieu thereof if
they are not available, as in case of loss,
destruction or disappearance. The fact of
payment may be established not only by
documentary evidence, but also by parol
evidence (48 C.J. 727; Greenleaf, Law of
Evidence, Vol. II, p. 486; Jones on Evidence
[1913] Vol. II, p. 193), specially in civil cases
where preponderance of evidence is the rule.
Here respondents presented documentary as
well as oral evidence which the Court of
Appeals found to be sufficient, and this finding
is final.”

4.2 In PHILIPPINE NATIONAL BANK vs. COURT OF APPEALS

and CARMELO H. FLORES, [G.R. No. 116181. April 17,
1996] the Supreme Court held that:

A “receipt” is defined as: A written and signed

acknowledgment that money has been paid or
goods have been delivered. A receipt is merely
presumptive evidence and is not conclusive. A
written acknowledgment that money or a thing
of value has been received. Since a receipt is a
mere acknowledgement of payment, it may be
subject to explanation or contradiction. A
receipt may be used as evidence against one
just as any other declaration or admission. A
simple receipt not under seal is presumptive
evidence only and may be rebutted or
explained by other evidence of mistake in
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giving it, or of non-payment or of the

circumstances under which it was given.

Although a receipt is not conclusive evidence,

in the case at bench, an exhaustive review of
the records fails to disclose any other evidence
sufficient and strong enough to overturn the
acknowledgment embodied in petitioner’s own
receipt (as to the amount of money it actually
received). Petitioner contends that it offered in
court evidence of the particulars or the actual
denominations of the money it received from
Flores in exchange for its managerial checks.
However, aside from the self-serving
testimonies of petitioner’s witnesses, we fail to
discover any such evidence in the records. In
the words of the trial court: After having
thoroughly evaluated the evidences (sic) on
record, the Court finds and so believes that
plaintiff indeed paid defendant the amount of P
1,000,040.00 when he purchased the two (2)
manager’s checks worth (sic) P 1,000,000.00.
This is clearly manifested from the receipt
issued by the defendant wherein it explicitly
admits that the amount stated therein is what
plaintiff actually paid. While the defendant
does not dispute the receipt it issued to the
plaintiff, it endeavored to prove that the actual
amount involved in the entire transaction is
only P900,000.00 that is P450,000.00
manager’s check and P450,000.00 cash by
submitting in evidence, the application forms
filled up by the plaintiff, Exhibits “1, 2, 3 and
4”. As may be readily seen these application
forms relied upon by the defendant have no
probative value for they do not yield any direct
proof of payment. Besides defendant even
failed to adduce concrete evidence showing
that these forms which were crumpled and
retrieved from the waste basket were made the
basis of the approval of the purchased (sic)
made. At any rate, the Court finds such pieces
of evidence not only unconvincing but also self-
defeating in the light of the receipt, the
accuracy, correctness and due execution of
which was indubitably established. It is a
cardinal rule in the law on evidence that the
best proof of payment is the receipt.

4.3 In the instant case, the plaintiff’s contention that he was not paid
by herein defendantis of no moment considering the fact that it
was based solely on the testimony of the said plaintiff and not on
any other independent evidence. Hence, having failed to adduce
sufficient rebuttal evidence, plaintiff is bound by the contents of
the receipt it issued to herein defendant Gloc Nine . The subject
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receipt remains to be the primary or best evidence or “that

which affords the greatest certainty of the fact in question.

5. PRAYER
WHEREFORE, premises considered, it is most respectfully

prayed for this Honorable Court to render judgment in favor of the

Defendant and against the Plaintiff;

That the Plaintiff be ordered to pay the damages plus attorney’s

fees and costs of litigation;

Other reliefs just and equitable under the premises are likewise

prayed for.

Iloilo City, Philippines, December 9, 2014.

FORTUN AND NARVASA AND ASSOCIATES

3rd Floor, The Esplanade Tower
Metro Manila, 2000 Philippines

By:

Jethro Villaruel
IBP No. 19185/Sep. 7, 2014/ Quezon City
PTR No. 23632/ March. 2, 2014/Quezon City
Attorney’s Roll No. 767463
MCLE COMPLIANCE NO. IV-176565/03/20/2011

REPUBLIC OF THE PHILIPPINES)

CITY OF ILOILO) Sc.
X---------------------x

VERIFICATION
I, Gloc Ninel, Filipino, of legal age, a gun shop owner and a
resident of Brgy. San Agustin Iloilo City.

1. That I am the defendant in the above-entitled case;

2. That I caused the preparation of this Memorandum;

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3. I have read and understood the contents thereof and the

allegations stated therein are true and correct to the best of my
personal knowledge and based on authentic records.

IN WITNESS WHEREOF, I have hereunto set my hand this 9 th day

of December 2014 at Iloilo City, Philippines.

Gloc Nine
Defendant

SUBSCRIBED AND SWORN to before me this 9 of December 9,

2014 at Iloilo City with affiant exhibiting to me her Community Tax
Certificate No. 12345678 issued on December 1, 2014 at Iloilo City.

Doc. No. 12;

Page No. 3;
Book No. XII;
Series of 2014.
Copy furnished:

ATTY. Jose Vencer

ANGARA and ASSOCIATES
The Hotel Grande
Manila 2000 Philippines

Received by: __________________

Date: __________________________

Registry Receipt No. ____________

Date: __________________________

EXPLANATION
Due to the distance, copy of this Memorandum is served upon
the Office of the Solicitor General though registered mail under the
Registry Receipt hereto attached.

(SGD)

Jethro Villaruel
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