Republic of the Philippines

COURT OF APPEALS
Cebu City

FLOYD FAMOUS,
Petitioner,
CA-GR SP NO. 001-2019
-versus-

KUYA JAY,
Respondent.

------------------------------------

PETITION FOR REVIEW

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 Iloilo, Branch 8, entitled
FLOYD FAMOUS vs. KUYA JAY, which affirmed the decision of the Municipal
Trial Court of Iloilo, in Civil Case No. 12345, dismissing petitioner’s complaint for
ejectment, on the ground that the RTC, in the exercise of its appellate
jurisdiction, committed in its decision errors of law and of facts.

THE PARTIES

Petitioner is of legal age and is the plaintiff in said Civil Case No.
12345, MTCC BR. 20, Iloilo City, AND the appellant in said Civil Case No. 11111,
RTC BR. 8, Iloilo City.
 Respondent is also of legal age and is the defendant in Civil Case
No. 12345, MTCC BR. 20, Iloilo City, and the appellee in Civil Case No. 11111,
RTC Br. 8, Iloilo City. He may be served with legal process through his cousel,
Atty. Lindon Rose, with office address at LR Building, Ledesma St., Jaro, Iloilo
City.

TIMELINESS OF PETITION

On November 20, 2015, petitioner received copy of the decision of

the RTC BR. 8 of Iloilo City in Civil Case No. 11111. 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

The factual background and proceedings are as follows:

1. Sometime on July 16, 2017, respondent leased a townhouse from

petitioner for a period of seven months (7) commencing on June 1, 2017
and ending on December 31, 2017 with a monthly rental rate of ten
thousand pesos (PHP 10,000.00) to be paid every 10th day of each month
commencing June 2017. The contract of lease is herein attached as
ANNEX "C-1";

2. On November 10, 2017, herein respondent failed to pay his monthly

obligations. A demand letter dated November 14, 2017 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, 2017, 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 2017 remained unpaid;

5. On December 13, 2017, a third demand letter was executed by herein

petitioner demanding payment for the rental rates for November and
December 2017 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, 2018, Petitioner filed an ejectment case against the

respondent before the MTCC Br. 20, Iloilo City and was docketed as Civil
Case No. 12345, herein attached as ANNEX "G";

8. On September 7, 2018, the MTCC Br. 20 released a judgment ruling in

favor of respondent, which decision is herein attached as ANNEX "H";

9. On September 20, 2018, petitioner filed a motion for reconsideration,

herein attached as ANNEX "I";

10. On December 28, 2018, petitioner received the order of the MTCC Br.
20 of Iloilo City denying the motion for reconsideration, herein attached
as ANNEX "J";

11. On January 15, 2019, petitioner filed an appeal under Rule 40 of the
1998 Revised Rules of Civil Procedure to the RTC Br. 8, Iloilo City and was
docketed as Civil Case No. 11111, which appeal is herein attached as
ANNEX "K";
 12. On March 4, 2019, the RTC Br. 8, Iloilo 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, 2019, petitioner filed a motion for reconsideration for
the order released March 4, 2019, which motion is herein attached as
ANNEX "M";

14. On March 8, 2019, the RTC BR. 8, Iloilo 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 March 23, 2019, 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 2017.

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 ILOILO CITY AS IT
FAILED TO RECOGNIZE THAT PETITIONER WAS IN FACT IN BREACH OF THE
CONTRACT OF LEASE FOR FAILURE TO PAY TWO 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 March 8, 2019, herein petitioner received the order to the Regional

Trial Court, Br. 8 of Iloilo City denying the latter's motion for reconsideration
with regards the order of the aforesaid court dated March 4, 201, on March 23,
2019 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
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.

Iloilo City, Philippines. 14th March 2019.

 CRAB and ASSOCIATES
Law and Accounting Offices
Counsel for Plaintiff
Big Building
11111111 , Iloilo City
Tel. No. 0000000000000
E-mail: law@gmail.com

BY

ATTY. RENZO BEAVER BALBERONA

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, 2018

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, FLOYD FAMOUS, 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 14th day of March, 2019 at Iloilo City, Philippines.

FLOYD FAMOUS
Affiant
T.I.N. 000-000-001, Iloilo City

SUBSCRIBED AND SWORN to before me, this 23rd day of March 2019,
affiant exhibiting to me his Tax Identification Card as shown above below her
name as competent evidence of his identity.

ATTY. RENZO BEAVER BALBERONA

Counsel for Plaintiff
Roll No. 123456789
IBP No. 011 – Lifetime
PTR No. 70 - 1/2/14 Iloilo
MCLE Compliance IV No. 00123456
Issued on January 12, 2018

Doc. No. 1;
Page No. 2;
Book No. II;
Series of 2019.

Copy furnished:

Clerk of Court
RTC BR. 8, Iloilo City
Date of Receipt: ______________________
Signature: __________________________
Atty. Lindon Rose
Counsel for Respondent
LR Building, Ledesma St., Jaro
Iloilo City

Date of Receipt:___________________
Signature:_____________________