Petition For Review

REPUBLIC OF THE PHILIPPINES COURT OF APPEALS CEBU CITY

MARCO B. TICAO

Petitioner-Appellant, Civil Case No. ______________________ For: Unlawful Detainer

- versus JOHNNY A. DELGADO x-------------------------------------

Respondent-Appellee. x

PETITION FOR REVIEW (Rule 42)

Petitioner, thru counsel, and unto this Honorable Court of Appeals, respectfully asks for the review of the decision of Regional Trial Court, Iloilo City, Branch 1, rendered in the above-titled case dated 10 April 2018 via this Petition for Review under Rule 42 of the Rules of Court. SUMMARY STATEMENT OF THE FACTS The factual background and proceedings are as follows: 1. Sometime on 1 January 1, 2017, Marco B. Ticao (hereinafter referred to as “Petitioner”) leased a townhouse located at Zone 1, Barangay Calahunan, Mandurriao, Iloilo City from Johnny A. Delgado (hereinafter referred to as “Respondent) for a period of seven (7) months commencing on 1 June 2017 and ending on 31 December 2017 with a monthly rental rate of ten thousand pesos (Php 10 000.00) to be paid yearly every 10th day of each month. Petitioner’s 1 January 2017 Contract of Lease (signed on1 January 2017) with Petitioner is attached and made an integral part hereof as Annex “A.” 2. On 1 November 2017, Petitioner failed to pay his monthly obligations. Respondent then sent a Demand Letter dated 3 November 2017 for the purpose of demanding payment of the monthly rentals covering the period of November and December 2017 in the amount of twenty thousand pesos (Php 1

20 000.00) and at the same time, of vacating from the lease premises, and it was received personally by Petitioner on the same date. Respondent’s 3 November 2017 Demand Letter sent to Petitioner is attached and made an integral part hereof as Annex “B.” 3. Despite said Demand Letter, Petitioner failed to pay the rental rate. On 20 November 2017, Respondent sent a second Demand Letter to Petitioner and it was personally received by the latter on the same date. Petitioner’s 20 November 2017 Demand Letter sent to Petitioner is attached and made an integral part hereof as Annex “C.” 4. Again, Petitioner failed to pay the monthly rental. 5. On 1 December 2017, a third Demand Letter was executed by Respondent for the same purpose. Petitioner’s 1 December 2017 Demand Letter sent to Petitioner is attached and made an integral part hereof as Annex “D.” 6. However, despite repeated demands, both verbal and written, Petitioner failed and continues to fail to settle his obligations to Petitioner. 7.

On 1 January 2018, Respondent filed a Complaint for Unlawful Detainer against Petitioner before the Municipal Trial Court, Branch 1 in Iloilo City (hereinafter referred to as “MTC –Iloilo City”) and was docketed as Civil Case No. 1234. Respondent’s Complaint for Unlawful Detainer filed on 1 January 2018 is attached and made an integral part hereof as Annex “E.”

8. MTC-Iloilo City rendered a Resolution dated 1 February 2018 in favor of the Respondent. It was received by the petitioner on 3 February 2018. MTC-Iloilo City’s Decision dated 1 February 2018 is attached and made an integral part hereof as Annex “F.” 9. On 5 February 2018, Petitioner filed a Motion for Reconsideration to MTC-Iloilo City.

2

Petitioner’s Motion for Reconsideration dated 10 February 2018 is attached and made an integral part hereof as Annex “G.” 10. On 1 March 2018, Petitioner received the order of the MTCIloilo City denying his Motion for Reconsideration. MTC-Iloilo City’s Order dated 1 March 2018 is attached and made an integral part hereof as Annex “H.” 11. On 15 March 2018, Petitioner filed an Appeal under Rule 40 of the 1998 Revised Rules of Civil Procedure to Regional Trial Court, Branch 1, Iloilo City (hereinafter referred to as “RTCIloilo City”). Such appeal was docketed as Civil Case No. 1234. Petitioner’s Appeal dated 15 March 2013 under Rule 40 of the Revised Rules of Court is attached and made an integral part hereof as Annex “I.” 12. On 10 April 2018, RTC-Iloilo City released a Resolution affirming in toto the decision of the lower court. It was received by Petitioner, thru his counsel, on 11 April 2018. RTC-Iloilo’s Resolution dated 10 April 2018 affirming in toto the Decision of MTC-Iloilo City is attached and made an integral part hereof as Annex “J.” 13.

On 15 April 2018, Petitioner filed a Motion for Reconsideration praying for the reversal of the decision of RTC-Iloilo City. Petitioner’s Motion for Reconsideration dated 15 April 2018 is attached and made an integral part hereof as Annex “K.”

14. However, RTC-Iloilo City denied petitioner’s Motion for Reconsideration in an order dated 30 April 2018. Such order was received by Petitioner, thru his counsel, on 1 May 2018. RTC-Iloilo’s Order dated 30 April 2018 denying Petitioner’s Motion for Reconsideration is attached and made an integral part hereof as Annex “L.” 15. On 15 May 2018, Petitioner filed this instant Petition for Review under Rule 42 of the 1997 Revised Rules of Criminal Procedure. THE ISSUES RAISED

3

1. Whether or not a valid lease contract was executed. 2. Whether or not Petitioner failed to tender payment for November and December 2017. 3. Whether or not this Unlawful Detainer case against Petitioner will prosper. ERRORS COMMITTED BY THE TRIAL COURT I.

THE TRIAL COURT ERRED WHEN IT AFFIRMED THE DECISION OF THE LOWER COURT AFFIRMING IN TOTO THE DECISION OF THE MTC-ILOILO CITY BECAUSE IT FAILED TO RECOGNIZE THAT PETITIONER WAS IN FACT IN BREACH OF THE CONTRACT OF LEASE FOR FAILURE TO PAY TWO (2) MONTHS WORTH OF LEASE AS WELL AS FAILURE TO VACATE AFTER THE EXPIRY OF SAID LEASE CONTRACT.

II.

THE TRIAL COURT ERRED WHEN IT IGNORED THE FACT THAT PETITIONER IN FACT AND INDEED, SIGNED VALIDLY, WITHOUT FORCE OR INTIMIDATION, THE LEASE CONTRACT.

III.

THE TRIAL COURT ERRED WHEN IT DID NOT GIVE COGNIZANCE TO THE DOCUMENTARY EXHIBITS PRESENTED BY PETITIONER CLEARLY SHOWING THE OBLIGATIONS UNDER WHICH THE PETITIONER SUBJECTED HIMSELF TO. GROUNDS OR REASONS FOR ALLOWANCE OF THE APPEAL 1. The appeal should be granted because it was filed within the reglementary period of fifteen(15) days. 2. The appeal should be granted because there is no other plain, speedy and adequate remedy available to Petitioner. 3. The appeal should be granted. Otherwise, there would be substantial injustice that would be committed against the rights of the Petitioner. 4. The appeal should be granted, because there is a manifest violation of Petitioner’s rights to property.

PRAYER WHEREFORE, in view of all the foregoing, it is respectfully prayed that this Honorable Court of Appeals to grant this Petition for Review and to order the Regional Trial Court, Iloilo City, Branch 1 to elevate to this Court the transcript of the records of this case, and all the evidence introduced thereat, documentary as well as testimonial, in order that the same may be reviewed in accordance with law; and that pending this 4

review, the decision of the Regional Trial Court, Iloilo City, Branch 1 sought herein to be reviewed be stayed. Iloilo City: 15 May 2018. CORTINA & MONTES LAW OFFICES Counsel for the Respondent Block 3, Lot 2 Phase 2, Carmen J. Ledesma Village, Baragay Tacas, Jaro, Iloilo City, Philippines Tel. No. (02) 817-9222 / Fax No. (02) 887-2936

By: KIM JOHN V. VILLA Attorney’s Roll No. 52055 PTR No. 5323550/ 01.04.16/ Iloilo IBP (Lifetime) No. LRN-010317/Iloilo MCLE Compliance No. V-0019654/ April 22, 2016 VERIFICATION AND CERTIFICATION

REPUBLIC OF THE PHILIPPINES ) CTY OF ILOILO ) S.S. x------------------------x I, MARCO B. TICAO, Filipino, of legal age, and residing at Barangay Calumpang, Molo, Iloilo City, Philippines, under oath, depose and state: 1. That I am acting for and on behalf of the plaintiff in the aboveentitled case; 2. That I have caused the preparation and filing of the foregoing Complaint; 3. That I have read and understood the contents thereof and that the allegations therein are true and correct based on my own personal knowledge and on authentic records;

5

4. That I have not heretofore commenced or filed any action or proceeding involving the same issues in any court, tribunal, or agency; that to the best of my own knowledge, no such action or proceeding is pending in any court, tribunal, or agency; that should I hereafter learn of any such pending action or proceeding, I undertake to inform this Honorable Court of such fact within five (5) days therefrom. IN WITNESS WHEREOF, I have hereunto set my hand this 15 th day of May 2018, in Barangay Calumpang, Molo, Iloilo City, Philippines.

___________________________ Marco B. Ticao SUBSCRIBED AND SWORN to before me, this 15 th day of May 2018 Barangay Calumpang, Molo, Iloilo City, Philippines, by Marco B. Ticao who personally appeared before and exhibited to me his Professional Driver’s License No. F04-10-000662 valid until 01/01/19, and avows under penalty of law to the whole truth of the contents hereof.

Doc. No. ____; Page No.____; Book No. ___; Series of ____.

ATTY. ELIZABETH MARIE B. SANTOS Attorney’s Roll No. 45678 PTR No. 34908139/ 01.04.16/ Iloilo IBP (Lifetime) No. LRN-010317/Iloilo MCLE Compliance No. V-009021/ April 22, 2016 Attorney’s Roll No. 52055 PTR No. 5323550/ 01.04.16/ Iloilo IBP (Lifetime) No. LRN-010317/Iloilo MCLE Compliance No. V-0019654/ April 22, 2016

Copy Furnished: Atty. Anthony dela Cruz Clerk of Court Municipal Trial Court, Branch 1, Iloilo City Date of Receipt: ______________ Signature: ____________________

6

CORTINA & MONTES LAW OFFICES Counsel for the Petitioner Block 3, Lot 2 Phase 2, Carmen J. Ledesma Village, Baragay Tacas, Jaro, Iloilo City, Philippines Tel. No. (02) 817-9222 / Fax No. (02) 887-2936

By: KIM JOHN V. VILLA Attorney’s Roll No. 52055 PTR No. 5323550/ 01.04.16/ Iloilo IBP (Lifetime) No. LRN-010317/Iloilo MCLE Compliance No. V-0019654/ April 22, 2016 Date of Receipt: ________________ Signature: ______________________

7