FACTS:

You are the registered owner of a property located at 305 Lt. J.

Francisco St., Krus na Ligas, Diliman, Pasig City. Said property
is evidenced by TCT # 123456789.

A Contract of Lease was entered into on 1 January 2016 by you

as Lessor and Juan Dela Cruz of Lot 1 Blk 2 Timawa St., Davao
City as Lessee involving the abovementioned property for a period
of 1 year.

On the 2nd month, Dela Cruz started making improvements on

the leased premises where he will have his rice-selling business.
He spent P40,000 for the construction and labor.

On the 6th month, Dela Cruz started defaulting in his monthly

payments. Demand letter was sent by you on 1 August 2016
asking payment of the rental arrears and for Dela Cruz to vacate
the premises, but the same was ignored.

On September 1, 2017, you filed a complaint for ejectment before

the Metropolitan Trial Court.
ARGUMENTS RAISED BY THE PLAINTIFF (you):

(a) You are the owner of the subject property hence the
right to eject someone is a vested right.

(b) The stay of Dela Cruz has now become illegal hence he
should pay and vacate.

(c) You need not reimburse Dela Cruz for the

improvements introduced on the leased premises.

ARGUMENTS RAISED BY THE DEFENDANT (Dela Cruz):

(a) Your title over the subject property is void.

(b) It is the RTC which has jurisdiction over the case.

(c) He is a builder in good faith hence he must be

reimbursed for what he had spent on the leased premises.
Applying everything that we have learned so far,
please prepare a Legal Memorandum.

Students whose surname start with A up to L will

draft for the Plaintiff while those from M up to Z
will draft for the Defendant.

Please submit a hard copy next meeting (Feb 8 for

CLM and Feb 9 for BLM). Use Bookman Old Style
Font Style. This will be equivalent to 30% of your
Midterm Grade (the other 70% will be Class
Standing).

Copy the work of your classmate at your own risk.

Those who will let others copy theirs will be
punished more severely.