Republic of the Philippines SUPREME COURT Manila AB, Petitioner, GR NO. 11-2015 -versusCC, Respondent. /------------------------------------------------/
PETITION FOR REVIEW (Rule 45) PETITIONER, by counsel and to this Honorable Court, respectfully alleges: NATURE OF THE CASE This is a petition for review pursuant to Rule 45 of the Rules of Court of the decision of the Regional Trial Court of Tacloban, Branch 8, entitled AB vs. CC, which dismissed plaintiff's (now petitioner's) complaint, upon defendant's (now respondent's) motion to dismiss on the ground that it stated no valid cause of action, which dismissal was affirmed by the trial court when it denied the motion for reconsideration. Only questions of law are raised, there being no factual issues involved.
THE PARTIES Petitioner is of legal age and is the plaintiff 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. 2014-12, RTC Br. 8, Tacloban City. He may be served with legal process through his counsel, 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. 201512. Certified true copy of said decision is attached hereto as ANNEX "A". On December 4, 2015 or within the 15-day period from receipt of said decision stated in ANNEX "A", petitioner filed his motion for reconsideration of said decision, copy of which motion for reconsideration is attached hereto as ANNEX "B". On December 8, 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". This instant petition is filed within the 15-day period from receipt on December 8, 2015 denying the motion for reconsideration.
STATEMENT OF FACTS AND MATTERS INVOLVED The factual background and proceedings are as follows: 1. Sometime on July 16, 2012, respondent contracted a loan from petitioner in the amount of THREE MILLION PESOS (PHP
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3,000,000.00) at FIVE PERCENT INTEREST PER ANNUM (5%) payable in three yearly installments to wit: First payment: July 16, 2012 for PHP 1,050,000.00; Second payment: July 16, 2014 for PHP PHP 1,050,000.00; Third payment: February 15, 2015 for PHP PHP 1,050,000.00, which contract is herein attached as ANNEX "D"; 2. On February 15, 2015, herein respondent failed to pay his monthly obligations. A demand letter dated February 25, 2015 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 March 3, 2015 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 amount due February 15, 2015 remained unpaid; 5. On March 23, 2015, a third demand letter was executed by herein petitioner demanding payment for the amount of PHP 1,050,000.00, 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 April 15, 2015, Petitioner filed a collection case against the respondent before the RTC Br. 8, Tacloban City and was docketed as Civil Case No. 2015-11, herein attached as ANNEX "G"; 8. On September 7, 2015, the RTC Br. 8 released a judgment ruling in favor of petitioner, which petitioner received on September 10, 2015, which decision is herein attached as ANNEX "H"; 9. On September 20, 2015, respondent filed a motion for reconsideration, herein attached as ANNEX "I"; 10. On September 28, 2015, petitioner received the order of the RTC Br. 8 of Tacloban City granting the motion for reconsideration of respondent, herein attached as ANNEX "J";
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11. On October 5, 2015, petitioner filed motion for reconsideration, for the decision granted ANNEX "J", herein attached as ANNEX "K"; 12. On November 20, 2015, the RTC Br. 8, Tacloban City petitioner received the order denying petitioner's motion for reconsideration, herein attached as ANNEX "L";
13. On December 5, 2015, petitioner filed this instant petition for review under Rule 45 of the 1997 Rules of Civil Procedure.
ISSUES RAISED 1. Whether or not a Loan Contract was executed. 2. Whether or not respondent failed to tender payment for February 15, 2015. 3. Whether or not there is cause of action for the petitioner.
ERRORS COMMITTED BY TRIAL COURT I. THE TRIAL COURT ERRED WHEN IT GRANTED THE MOTION FOR RECONSIDERATION OF THE RESPONDENT FOR FAILURE OF PETITIONER TO CITE A CAUSE OF ACTION. 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 LOAN. 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
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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 petitioner, 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 November 20, 2015, 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 September 7, 2015, on September 20, 2015, respondent filed a motion for reconsideration as against said order which the trial court granted on September 28, 2015, agreeing with respondents contention that petitioner failed to cite cause of action. On October 5, 2015, petitioner filed a motion for reconsideration over the same which the trial court denied in its order received by petitioner on November 20, 2015. On December 5, 2015 or 15 days after the receipt of the order denying the motion for reconsideration herein petitioner filed this instant petition for review under Rule 45 of the 1997 Rules of Civil Procedure. 2. Despite diligent efforts made by petitioner to secure all the proper documents to support his interests and to demand payment from respondent, the trial court ruled in favor of the latter, causing great prejudice to the rights of 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 loan third and last installment of the loan due on February 15, 2015 as stipulated in the Loan Contract and duly signed by the respondent. 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
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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 annex "J" hereof be set aside and a new one be rendered. 3. Ordering the respondent to pay the petitioner the following sums: a. The amount of ONE MILLION AND FIFTY THOUSAND PESOS (₱1,050,000), Philippine Currency, representing respondent's Outstanding Loan Balance, inclusive of interest at the rate of two percent (5%) per annum as stipulated in the Contract of Lease; b. Costs of suit. 4. Petitioner likewise prays for other reliefs deemed just and equitable in the premises are similarly prayed for. Tacloban City, Philippines. December 5, 2015.
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:
[email protected]
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
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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; 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 5th day of December 2015 at Tacloban City, Leyte, Philippines. AB Affiant T.I.N. 216-777-222, Tacloban City
SUBSCRIBED AND SWORN to before me, this 5th day of December 2015, affiant exhibiting to me his Tax Identification Card as shown above below her name as competent evidence of his identity.
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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: 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:_____________________
