Republic of the Philippines

COURT OF APPEALS
Cebu City

ASTHERIELLE ZALDUA,
Petitioner,

CA-GR SP NO. 1-2015

-versus-

ZAMIEL MERCADEJAS,
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 Iloilo, Branch 8, entitled
Astherielle Zaldua vs. Zamiel Mercadejas, which affirmed the decision of the
Municipal Trial Court of Iloilo, 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, 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 20, 2015, petitioner received copy of the decision of the

RTC BR. 8 of Iloilo City in Civil Case No. 2014-12.

On November 24, 2015, petitioner filed his motion for reconsideration of

said decision.

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.

STATEMENT OF FACTS AND MATTERS INVOLVED

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;

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;
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;

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);

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, Iloilo City and was docketed as Civil
Case No. 2013-11;

8. On September 7, 2013, the MTCC Br. 20 released a judgment ruling in

favor of respondent;

9. On September 20, 2013, petitioner filed a motion for reconsideration;

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

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 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 Iloilo 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 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. 23rd April 2014.

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

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, ASTHERIELLE ZALDUA, 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 23rd day of April, 2014 at Iloilo City, Philippines.

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.

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

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

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION

BRANCH 10

ILOILO, CITY

ASTHERIELLE ZALDUA

Plaintiffs, CIVIL CASE NO. 01-CV-1653

FOR: DAMAGES

-versus-

ZAMIEL MERCADEJAS

Defendants.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

NOTICE OF APPEAL

WITH ALL DUE RESPECT TO THE HONORABLE COURT, Zamiel

Mercadejas, the Defendant in the above-entitled case, through counsel, hereby
file this notice and make known that they are appealing to the Court of Appeals
from the judgment of this Honorable Court dated September 3, 2011 which was
received by them on September 14, 2003, the said decision not being in accord
with evidence adduced and jurisprudence applicable.

Iloilo City, Philippines, this 22nd day of September, 2011.

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:

ATTY. BARTOLOME BALDAS, JR.

Counsel for the Plaintiff

Rm. 203, Golden Court Bldg.,

Magsaysay Avenue, Baguio City

 ILOILO BANKING CORPORATON
Diversion Road, Iloilo City
Tel No.+3339109/ Cell No. +63926745879

December 11, 2018

T. I.N. 216-777-534
Mr. KARIUS JANDRICK MERCADEJAS
Philippines
+1 323 555 1234

BONDED WAREHOUSE RECEIPT

No. 006-25

QUANTITY DESCRIPTION VOLUME AMOUNT

6,760 Receipt of 500 Metric Tons Php 6.5 Million
Mindanao
Highlanders
Association Inc.,
represented by
President
Antonious Linzou
Hidalgo the
following

Five hundred
metric tons of
(AU) assorted size
covered with
Export Permit

The said item can

only withdrawn
with written
permit and shall
be paid in cash

This is to acknowledge receipt of the total volume of commodities with

their corresponding amount above.

ACKNOWLEDGEMENT RECEIPT SUBSCRIBED AND
SWORN to before RAO
REIGO me this 11th day of
Officer December 2018,
Iloilo Philippines.

ATTY. CINDY D. DELFIN

Notary Public
Roll No. 5000
IBP No. 011 – Lifetime
PTR No. 70 - 1/2/14 Iloilo
MCLE Compliance IV No. 001234
Issued on January 12, 2013

Doc. No. 1;
Page No. 2;
Book No. II;
Series of 2018.