Republic of the Philippines

COURT OF APPEALS
Cebu City
AB,
Petitioner,
CA-GR SP NO. 1-2015
-versusCC,
Respondent.
/------------------------------------------------/

PETITION FOR REVIEW

(Rule 42)
PETITIONER, by counsel and to this Honorable Court,
respectfully alleges:
NATURE OF THE CASE
This is a petition for review pursuant to Rule 42 of the
Rules of Court of the decision of the Regional Trial Court of
Tacloban, Branch 8, entitled AB vs. CC, which affirmed the
decision of the Municipal Trial Court of Tacloban, in Civil Case
No. 2013-11, dismissing petitioner's complaint for ejectment, on
the ground that the RTC, in the exercise of its appellate
jurisdiction, committed in its decision no errors of law and of facts.

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.

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Respondent is also of legal age and is the defendant in

Civil Case No. 2013-11, MTCC BR. 20, Tacloban City, and the
appellee in Civil Case No. 2014-12, RTC Br. 8, Tacloban City. He
may be served with legal process through his cousel, Atty. TMZ,
with office address at S and A Building, Juan Luna St., Tacloban
City.

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.

STATEMENT OF FACTS AND MATTERS INVOLVED

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The factual background and proceedings are as follows:

1. Sometime on July 16, 2012, respondent leased a townhouse from
petitioner for a period of seven months (7) commencing on June 1,
2012 and ending on December 31, 2012 with a monthly rental rate of
ten thousand pesos (PHP 10,000.00) to be paid every 10th day of each
month commencing June 2012. The contract of lease is herein
attached as ANNEX "C-1";
2. On November 10, 2012, herein respondent failed to pay his
monthly obligations. A demand letter dated November 14, 2012 was
made by petitioner to demand payment of the same which was
personally received by herein respondent. The same is herein attached
as ANNEX "D";
3. Despite said demand letter, respondent failed to pay the rental rate.
On November 20, 2012, a second demand letter was executed by
herein petitioner which was received personally by respondent on the
same date, said demand letter is herein attached as ANNEX "E";
4. The second demand letter was not heeded by respondent, as the
rental rate for November 2012 remained unpaid;
5. On December 13, 2012, a third demand letter was executed by
herein petitioner demanding payment for the rental rates for
November and December 2012 in the amount of twenty thousand
pesos (PHP 20,000.00), which demand letter is herein attached as
ANNEX "F";
6. Despite repeated demands, both verbal and written, respondent
failed and continues to fail to settle his obligations to herein petitioner,
to the prejudice of the latter;
7. On January 15, 2013, Petitioner filed an ejectment case against the
respondent before the MTCC Br. 20, Tacloban City and was docketed
as Civil Case No. 2013-11, herein attached as ANNEX "G";
8. On September 7, 2013, the MTCC Br. 20 released a judgment
ruling in favor of respondent, which decision is herein attached as
ANNEX "H";
9. On September 20, 2013, petitioner filed a motion for
reconsideration, herein attached as ANNEX "I";

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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.

ERRORS COMMITTED BY TRIAL COURT

I. THE TRIAL COURT ERRED WHEN IT AFFIRMED THE
DECISION OF THE LOWER COURT AFFIRMING THE DECISION
OF THE MTCC OF TACLOBAN CITY AS IT FAILED TO
RECOGNIZE THAT PETITIONER WAS IN FACT IN BREACH OF
THE CONTRACT OF LEASE FOR FAILURE TO PAY TWO

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MONTHS WORTH OF LEASE AS WELL AS FAILURE TO VACATE

AFTER THE EXPIRY OF THE SAID LEASE CONTRACT.
II. THE TRIAL COURT ERRED WHEN IT IGNORED THE
FACT THAT RESPONDENT IN FACT AND INDEED, SIGNED
VALIDLY, WITHOUT FORCE OR INTIMIDATION, THE
CONTRACT OF LEASE.

III. THE TRIAL COURT ERRED WHEN IT DID NOT GIVE

COGNIZANCE TO THE DOCUMENTARY EXHIBITS PRESENTED
BY PETITIONER CLEARLY SHOWING THE OBLIGATIONS
UNDER WHICH RESPONDENT SUBJECTED HIMSELF TO.

GROUNDS OR REASONS FOR ALLOWANCE OF APPEAL

1. The appeal should be granted as it was filed within the
reglementary period of 15 days.
2. The appeal should be granted as there is no plain, speedy and
adequate remedy available to the petitioner.
3. The appeal should be granted as substantial injustice was
committed against the rights of the plaintiff, which rights were ignored by
the trial court.
4. The appeal should be granted as manifest violation of petitioner's
rights to property were not protected.
DISCUSSION
1. On April 8, 2014, herein petitioner received the order to the
Regional Trial Court, Br. 8 of Tacloban City denying the latter's motion for
reconsideration with regards the order of the aforesaid court dated March 4,
201, on April 23, 2014 or 15 days after the receipt of the order denying the
motion for reconsideration. Being that the instant petition was filed within
the parameters of Rule 42 of the 1997 Revised Rules of Civil Procedure, the
same should be granted due course.
2. Despite diligent efforts made by petitioner to secure all the proper
documents to support his interests and for the ejectment of respondent, the
trial court ruled in favor of the latter, causing great prejudice to the rights of

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herein petitioner. Being that no other plain, speedy or adequate remedy is

available, this petition was hereby availed of.
3. The respondent failed to pay the rents due for two months on the
designated dates as agreed upon and signed by the respondent in the contract
of lease, and for failure of the respondent to vacate the premises even after
the expiry of the period to occupy the same, a great injustice and injury was
suffered by the petitioner. Income which the petitioner could have invested
in other endeavors was not realized as respondent unjustly refused and
continues to refuse payment of the same.
4. The petitioner's rights to his property were violated when the trial
court ignored the substantial and overwhelming evidence against the
respondent - contrary to Articles 19, 20 and 21 of the New Civil Code.

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.

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Tacloban City, Philippines. 23rd April 2014.

Castroverde, Leonida, Enabore, Piga and Associates (C.L.E.P.)

Law and Accounting Offices
Counsel for Plaintiff
Suite 007, 2nd Floor, S&A Realty Building
221 Avenida Veteranos , Tacloban City
Tel. No. (053) 321-5180/09399267777
E-mail: clep.law@gmail.com

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

VERIFICATION AND CERTIFICATION AGAINST FORUM

SHOPPING
I, AB, of legal age, after having been duly sworn, deposes and states
that:
1. I am the petitioner in the above stated case;
2. I have caused the preparation of the said complaint for collection
of sum of money with damages;

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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

SUBSCRIBED AND SWORN to before me, this 23rd day of April

2014, affiant exhibiting to me his Tax Identification Card as shown above
below her name as competent evidence of his identity.

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
Doc. No. 1;
Page No. 2;
Book No. II;
Series of 2014.
Copy furnished:

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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:_____________________