MEMORANDUM FOR DEFENDANT
Defendant, by counsel, respectfully states that;
I. Brief Statement of the Case
The heirs of Pedro, Ana, and Maria (Plaintiffs) - led by Leon Sabado (son of
Pedro) –now brought a civil case to annul the deed of sale between Jose and
Eduardo (Defendant) since the affidavit which Jose used to sell the land was
false and the sale did not even have a consideration making the sale of 1000
square meter of land invalid. The Plaintiffs also seek that after the annulment
of such documents, they will recover ownership and possession over the
portion Eduardo bought.
Defendant Eduardo maintains that he is the rightful owner of the 1000 square
meters sold to him as Deed of Extra-Judicial Partition with Sale executed by
Jose and his siblings, Affidavit of Ownership executed by Jose, and Tax
declaration under Defendant as proof of his lawful ownership of the property.
II. Issue/s
1. Whether the sale of 1000 square meters land between Jose and
defendant Eduardo is false.
2. Whether the sale did not have a consideration.
III. Arguments
1. The sale of 1000 square meters land between Jose and defendant
Eduardo is not false because the sale was perfected. There was consent
and consideration.
2. The sale have a consideration since it mentions that in the deed of sale
Eduardo paid Jose Ten Thousand Pesos (PHp10,000.00).
IV. Discussion
1. Law and jurisprudence explaining that sale is valid.
2. Laws and jurisprudence explaining there is consideration.
V. Conclusion
Since there is a valid sale (perfected sale) and there was consideration, it is
respectfully prayed that judgment be rendered in favor of defendant as the
rightful and lawful owner of the 1000 square meters land.
