Documente Academic
Documente Profesional
Documente Cultură
COURT OF APPEALS
Cebu City
AB,
Petitioner,
CA-GR SP NO. 1-2015
-versusCC,
Respondent.
/------------------------------------------------/
THE PARTIES
Petitioner is of legal age and is the plaintiff in said
Civil Case No. 2013-11, MTCC BR. 20, Tacloban City, AND the
appellant in said Civil Case No. 2014-12, RTC BR. 8, Tacloban
City.
P a g e | 2 of 9
TIMELINESS OF PETITION
On November 20, 2015, petitioner received copy of the
decision of the RTC BR. 8 of Tacloban City in Civil Case No. 201412. Certified true copy of said decision is attached hereto as
ANNEX "A".
On November 24, 2015, petitioner filed his motion for
reconsideration of said decision, copy of which motion for
reconsideration is attached hereto as ANNEX "B".
On November 28, 2015, petitioner received a copy of the
order of the trial court denying said motion for reconsideration.
Certified true copy of said order is attached hereto as ANNEX
"C".
Within the 15-day period from receipt of said order
marked as ANNEX "C", petitioner is filing the instant petition for
review with the Court of Appeals, as shown from the face of said
petition.
P a g e | 3 of 9
P a g e | 4 of 9
10. On December 28, 2013, petitioner received the order of the MTCC
Br. 20 of Tacloban City denying the motion for reconsideration, herein
attached as ANNEX "J";
11. On January 15, 2014, petitioner filed an appeal under Rule 40 of
the 1998 Revised Rules of Civil Procedure to the RTC Br. 8, Tacloban
City and was docketed as Civil Case No. 2014-12, which appeal is
herein attached as ANNEX "K";
12. On March 4, 2014, the RTC Br. 8, Tacloban City released an order
affirming in toto the decision of the lower court, which order is herein
attached as ANNEX "L";
13. On March 15, 2014, petitioner filed a motion for reconsideration
for the order released March 4, 2014, which motion is herein attached
as ANNEX "M";
14. On April 8, 2014, the RTC BR. 8, Tacloban City denied the
motion for reconsideration citing regularity in the performance of the
duties of the lower court and finding no grave abuse of discretion on
the part of the lower court, which order is herein attached as ANNEX
"N";
15. On April 23, 2014, herein petitioner filed this instant petition for
review under Rule 42 of the 1997 Rules of Civil Procedure.
ISSUES RAISED
1. Whether or not a valid lease contract was executed.
2. Whether or not respondent failed to tender payment for November
and December 2012.
3. Whether or not ejectment as against respondent is warranted.
P a g e | 5 of 9
P a g e | 6 of 9
PRAYER
WHEREFORE, premises considered, it is most respectfully
prayed of the Honorable Court that judgment be rendered in favor of the
petitioner and for the grant of the following:
1. That the petition be given due course;
2. That after due proceedings, judgment be rendered setting
aside the questioned decision and ordering annexes "H" and
"L" hereof be set aside and another one be rendered, holding
respondent liable as follows:
a. Copy reliefs made in the appeal to the RTC;
b. Adjudging respondent liable for damages and
attorney's fees in the total amount of fifty thousand pesos (PHP 50,000.00),
PLUS costs.
3. Ordering the respondent to pay the petitioner the following
sums:
a. The amount of TWENTY THOUSAND PESOS (
20,000),
Philippine
Currency,
representing
respondent's Outstanding Rental Balance, plus interest
at the rate of two percent (2%) per month as stipulated
in the Contract of Lease;
4. Petitioner likewise prays for other reliefs deemed just and
equitable in the premises are similarly prayed for.
P a g e | 7 of 9
BY
ATTY. KERBY ENABORE
Counsel for Plaintiff
Roll No. 5000
IBP No. 011 Lifetime
PTR No. 70 - 1/2/14 Leyte
MCLE Compliance IV No. 001234
Issued on January 12, 2013
P a g e | 8 of 9
3. I have read the contents thereof and the facts stated therein are true
and correct of my personal knowledge and/or on the basis of the
documents and records in my possession;
4. I have not commenced any other action or proceeding involving
the same issues in the any tribunal, agency or body;
5. To the best of my knowledge and belief, no such action or
proceeding is pending before any tribunal, agency or body;
6. If I should thereafter learn that a similar action has been filed
before any tribunal, agency or body, I undertake to report that fact
within five (5) days therefrom to this Honorable Court.
Executed this 23rd day of April, 2014 at Tacloban City, Leyte,
Philippines.
AB
Affiant
T.I.N. 216-777-222, Tacloban City
P a g e | 9 of 9
Clerk of Court
RTC BR. 8, Tacloban City
Date of Receipt: ______________________
Signature: __________________________
Atty. TMZ
Counsel for Respondent
S and A Building, Juan Luna St.
Tacloban City
Date of Receipt:___________________
Signature:_____________________