Republic of the Philippines COURT OF APPEALS Manila, Philippines

JUAN BIGLANGYAMAN, Appellant,

-versus-

CIVIL CASE NO. 143-440 For: Collection of a Sum of Money

PEDRO NAGHIRAP, Appellee. x--------------------------------------------x

APPEALLANTS BRIEF
The appellant, JUAN BIGLANGYAMAN, through the undersigned counsel, and unto this Honorable Court, respectfully submits the following: NATURE OF THE APPEAL 1. This is an appeal by way of an Ordinary Appeal in accordance with Section 2(a), Rule 41 of the Rules of Court, on the Decision promulgated by the REGIONAL TRIAL COURT OF MANILA, Branch 1. 2. On September 14, 2013, the said Honorable Court rendered its judgment DISMISSING the complaint and ordering the plaintiff-appellant to pay defendant-appellee the cost of attorneys fees. MATERIAL DATES AND TIMELINESS OF THE APPEAL 3. The DECISION, as promulgated by the REGIONAL TRIAL COURT OF MANILA Branch 1 on September 14, 2013 was received on September 16, 2013. 5. In accordance with Section 2(a) of Rule 41 of the Rules of Court, the appellant has fifteen (15) days to appeal. Hence, this appeal was timely filed.

STATEMENT OF MATERIAL FACT 6. Plaintiff - Appellant complained for the collection of a sum of money against the Defendant appellee based on a duly executed promissory note dated June 12, 2012. ISSUE A. THE REGIONAL TRIAL COURT HAD COMMITTED A REVERSIBLE ERROR THROUGH MISAPPREHENSION OF FACTS WHEN IT FAILED TO APPRECIATE THAT THE PROMISSORY NOTE, THE PRIVATE DOCUMENT EVIDENCING THE CREDIT, IS STILL HELD BY THE PLAINTIFF CREDITOR, THEREBY EVIDENCING NON-PAYMENT OF DEBT

DISCUSSION OF ARGUMENT A. THE REGIONAL TRIAL COURT HAD COMMITTED A REVERSIBLE ERROR THROUGH MISAPPREHENSION OF FACTS WHEN IT FAILED TO APPRECIATE THAT THE PROMISSORY NOTE, THE PRIVATE DOCUMENT EVIDENCING THE CREDIT, IS STILL HELD BY THE PLAINTIFF CREDITOR, THEREBY PROOF OF NON-PAYMENT OF DEBT 8. The appellant submits that the Regional Trial Court had committed a reversible error when it did not look into the credence of the promissory note as held by plaintiff-appellant. This promissory note was marked Exhibit A. Jurisprudence abounds that in civil cases, one who pleads payment has the burden of proving it.1 When the creditor is in the possession of the document of credit, proof of non-payment is not needed for it is presumed. 2 The debtor has the burden of showing with legal certainty that the obligation has been discharged by payment.3 PRAYER

Royal Cargo Corporation v. DFS Sports Unlimited, G.R. No. 158621, December 10, 2008. Tai Tong Chuache & Co. v. Insurance Commission, 242 Phil 104, 112, (1988). Supra note 1, at 422.

WHEREFORE, it is respectfully prayed and pleaded of this Honorable Court that the decision promulgated on 14 September 2013 dismissing the complaint be RECONSIDERED, REVERSED, and SET ASIDE. Other reliefs just and equitable are likewise prayed for. 21st day of September 2013, City of Manila.

GERALD CO Counsel for the Plaintiff 2134 Jose Abad Santos, Sta Mesa PTR No. 12345/09-24-13/Manila IBP No. 42956/10-10-14/Manila Roll No. 912345 MCLE No. IV-0001234

COPY FURNISHED

Copy Furnished: SAHLIE GONZALES Counsel for the Defendant 123 Napoles Street, Sta. Ana, Manila IBP No. 14344/02-14-88 Roll No. 12345/04-24-93 MCLE Exempt PTR Exempt Received by: _______________________ Date: _____________________________

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, JUAN BIGLANGYAMAN, of legal age, single, Filipino and a resident of 88 Mingoa St., Sta. Mesa, Manila, after having been duly sworn, depose and state that: 1. I am the appellant in the above-stated case; 2. I have caused the preparation of the foregoing petition; 3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and as culled from authentic records; 4. To the best of my knowledge and belief, I have not commenced any other action or filed any claim involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 5. If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court. IN WITNESS WHEREOF, I have hereunto set my hand this 20 th day of September 2013 in the City of Manila, Philippines.

JUAN BIGLANGYAMAN Affiant SUBSCRIBED AND SWORN to before me this 21 st day of September, 2013 affiant exhibiting to me his Drivers License No. N02-12345 issued on March 04, 2013 in Manila.

EDUARDO MINGOA NOTARY PUBLIC Until December 31, 2014 Roll of Attorneys No. 23456 IBP No. 333945/01-05-03 PTR No. 175456/02-07-13/Manila MCLE Compliance No. I 0007865/04-01-13 Doc. No. ;_____ Page No.;_____ Book No.;_____ Series of 2013.

COPY FURNISHED:

SAHLIE GONZALES Counsel for the Defendant 123 Napoles Street, Sta. Ana, Manila IBP No. 14344/02-14-88 Roll No. 12345/04-24-93 MCLE Exempt PTR Exempt REGIONAL TRIAL COURT Manila