Beruflich Dokumente
Kultur Dokumente
COURT OF APPEALS
Cebu City
ASTHERIELLE ZALDUA,
Petitioner,
ZAMIEL MERCADEJAS,
Respondent.
/------------------------------------------------/
THE PARTIES
Petitioner is of legal age and is the plaintiff in said Civil Case No. 2013-11,
MTCC BR. 20, Iloilo City, AND the appellant in said Civil Case No. 2014-12, RTC
BR. 8, Iloilo City.
Respondent is also of legal age and is the defendant in Civil Case No.
2013-11, MTCC BR. 20, Iloilo City, and the appellee in Civil Case No. 2014-12,
RTC Br. 8, Iloilo City. He may be served with legal process through his cousel,
Atty. TMZ, with office address at S and A Building, Juan Luna St., Iloilo City.
TIMELINESS OF PETITION
On November 28, 2015, petitioner received a copy of the order of the trial
court denying said motion for reconsideration.
Within the 15-day period from receipt of said order , petitioner is filing the
instant petition for review with the Court of Appeals, as shown from the face of
said petition.
4. The second demand letter was not heeded by respondent, as the rental
rate for November 2012 remained unpaid;
10. On December 28, 2013, petitioner received the order of the MTCC Br.
20 of Tacloban City denying the motion for reconsideration;
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;
12. On March 4, 2014, the RTC Br. 8, Tacloban City released an order
affirming in toto the decision of the lower court;
13. On March 15, 2014, petitioner filed a motion for reconsideration for
the order released March 4, 2014;
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;
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
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.
DISCUSSION
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:
ATTY.CINDY D. DELFIN
Counsel for Plaintiff
Roll No. 5000
IBP No. 011 – Lifetime
PTR No. 70 - 1/2/14 Iloilo
MCLE Compliance IV No. 001234
Issued on January 12, 2013
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;
ASTHERIELLE ZALDUA
Affiant
T.I.N. 216-777-222, Iloilo 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.
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.
Iloilo City
Date of Receipt:___________________
Signature:_____________________
REPUBLIC OF THE PHILIPPINES
BRANCH 10
ILOILO, CITY
ASTHERIELLE ZALDUA
FOR: DAMAGES
-versus-
ZAMIEL MERCADEJAS
Defendants.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
NOTICE OF APPEAL
ATTY.CINDY D. DELFIN
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
Copy Furnished:
T. I.N. 216-777-534
Mr. KARIUS JANDRICK MERCADEJAS
Philippines
+1 323 555 1234
No. 006-25
Five hundred
metric tons of
(AU) assorted size
covered with
Export Permit
Doc. No. 1;
Page No. 2;
Book No. II;
Series of 2018.