Republic of the Philippines

COURT OF APPEALS
Manila, Philippines

RICHARD BELLA,

Plaintiff-Appellant,

CIVIL CASE NO.

-versus-
For: Collection of a Sum of
Money and Damages with
Application for a Writ of
Preliminary Attachment

JASMINE ABUBAKAR,

Defendant-Appellee.

x--------------------------------------------x

1
 TABLE OF AUTHORITIES

PHILIPPINE JURISPRUDENCE

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)

PHILIPPINE STATUTE

New Civil Code of the Philippines

2
 SUBJECT OF INDEX

I. TABLE OF AUTHORITIES 2

II. NATURE OF APPEAL 4

III. STATEMENT OF MATERIAL FACTS 5

IV. ISSUE 5

V. DISCUSSION OF ARGUMENT 5

VI. PRAYER 6

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APPEALLANT’S BRIEF

The appellant, RICHARD BELLA, 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 ZAMBOANGA, Branch 9.
2. On February 14, 2019, the said Honorable Court rendered its judgment
DISMISSING the complaint and ordering the plaintiff-appellant to pay
defendant-appellee the cost of attorney’s fees.

MATERIAL DATES AND TIMELINESS OF THE APPEAL

3. The DECISION, as promulgated by the REGIONAL TRIAL COURT OF

ZAMBOANGA Branch 9 on February 14, 2019 was received on February
16, 2019.
4. 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

5. On 01 January 2005, Defendant borrowed from Plaintiffs a sum of

money in the amount of ONE MILLION (Php 1,000,000.00) PESOS,
Philippine currency, payable within six (6) months with Ten (10%)
Percent interest per month. Defendant then issued a Promissory Note
dated 01 January 2005 to that effect.
6. On or about 02 July 2005, Plaintiff made a verbal demand before
Defendant in order to compel the latter to comply with her obligation.
However, defendant failed to settle her obligation.
7. Consequently, Plaintiff sent Defendant a Demand Letter dated 20
September 2011. The letter was accepted and signed by the defendant
on 21 September 2011.
8. Despite the persistent and continuous demands for the payment of the
said amount, Defendants failed and refused and continuously fail and
refuse to settle their total obligation to the Plaintiff. Until now,
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 notwithstanding repeated demands by her, Defendant failed and refused
and continuously failed and refused to pay their total account with
herein Plaintiff to its great damage and prejudice.

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

1
Royal Cargo Corporation v. DFS Sports Unlimited, G.R. No. 158621, December 10, 2008.

2
Tai Tong Chuache & Co. v. Insurance Commission, 242 Phil 104, 112, (1988).

3
Supra note 1, at 422.
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 WHEREFORE, it is respectfully prayed and pleaded of this Honorable
Court that the decision promulgated on 14 February 2019 dismissing the
complaint be RECONSIDERED, REVERSED, and SET ASIDE.
Other reliefs just and equitable are likewise prayed for.

21st day of February 2019, City of Zamboanga.

MARSHALL ERICKSEN
Counsel for the Plaintiff
1234 San Roque Rd., Zamboanga City
PTR No. 12345/09-24-20
IBP No. 42956/10-10-20
Roll No. 912345
MCLE No. IV-0001234

COPY FURNISHED

Copy Furnished:

BARNABAS STINSON
Counsel for the Defendant
123 Camino Nuevo, Zamboanga City
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

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I, RICHARD BELLA, of legal age, single, Filipino and a resident of Pasonanca,
Zamboanga City, 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

February 2019 in the City of Zamboanga, Philippines.

RICHARD BELLA
Affiant

SUBSCRIBED AND SWORN to before me this 21 st day of February, 2019 affiant

exhibiting to me his Driver’s License No. N02-12345 issued on March 04, 2017
in Zamboanga City

THEODORE MOSBY
NOTARY PUBLIC
Until December 31, 2021
Roll of Attorneys No. 23456
IBP No. 333945/01-05-03
PTR No. 175456/02-07-18
MCLE Compliance No. I 0007865/04-01-19

Doc. No. ;_____

Page No.;_____
Book No.;_____
Series of 2019.

COPY FURNISHED:
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BARNABAS STINSON
Counsel for the Defendant
123 Camino Nuevo, Zamboanga City
IBP No. 14344/02-14-88
Roll No. 12345/04-24-93
MCLE Exempt
PTR Exempt

REGIONAL TRIAL COURT

Zamboanga City