Petn For Revw RTC CA

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Republic of the Philippines


COURT OF APPEALS
Manila

X,

Petitioner, CA-G.R. SP. No. ____

-versus-

Y,

Respondent.

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

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 RTC of Baguio, Branch 2, entitled X vs. Y,
which affirmed the decision of the MTC, in Civil Case no. 12345,
dismissing petitioners 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. ___, MTC, and the appellant in said Civil Cse No. ___, RTC,
Baguio City.

Respondent is also of legal age and is the defendant in Civil


Case No. ___, MTC, and the appellee in Civil Case No. ___, RTC,
Baguio City. He may be served with legal process at c/o his counsel,
Atty. ____, with office address at ____.

TIMELINESS OF PETITION
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On ____, petitioner received copy of the decision of the RTC in


Civil Case No. ____. Certified true copy of said decision is attached
hereto as Annex A.

On ____, petitioner filed his motion for reconsideration of said


decision, copy of which motion for reconsideration is attached hereto
as Annex ___.

On ____, 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 B.

Within the 15-day period from receipt of said order Annex B,


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 MATTER INVOLVED

The factual background and proceedings are as follows:

(Here make concise statement of the facts and proceedings that took
place in MTC and RTC, until the latter rendered its questioned
decision and its date of receipt by petitioner.)

ISSUES RAISED

The issues raised in this petition are:

(enumerate the issues, both of law and fact)

ERRORS COMMITTED BY TRIAL COURT

(enumerate the errors of law and facts committed by the trial court.)

GROUNDS OR REASONS FOR ALLOWANCE OF APPEAL

(Enumerate the grounds or reasons)

DISCUSSION

(Discuss in detail the grounds and reasons in light of the errors


committed)
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PRAYER

WHEREFORE, petitioner respectfully prays as follows:

1. That the petition be given due course;

2. That after due proceedings, judgement be rendered


setting aside the questioned decision and order Annexes A
and B hereof, and another one rendered, holding respondent
liable, as follows:

a) Copy reliefs made in the appeal to the RTC


b) Adjudging respondent liable for damages and
attorneys in the total of P500,000.00, plus cost.

Petitioner further prays for such other relief as maybe just


and equitable in the premises.

Place and date

Counsel

VERIFICATION AND CERTIFICATION

REPUBLIC OF THE PHILIPPINES)


Province of ____________________) S.S.
City/Municipality of _____________)
x-----------------------x

I, _____________, of legal age, Filipino, (single / married /


widow), and a resident of _____________, Philippines, after being
sworn in accordance with law, hereby depose and say:

That I am the (Plaintiff / Complainant / Petitioner) in the above-


entitled case; That I have caused the preparation of the above
(Complaint / Petition) and I have read the same and knows the
contents thereof; That the allegations contained therein are true and
correct of my own personal knowledge.
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That I further certify that: (a) I have not theretofore commenced


any other action or proceeding or filed any claim involving the same
issues or matter in any court, tribunal, or quasi-judicial agency and, to
the best of my knowledge, no such action or proceeding is pending
therein; (c) if I should thereafter learn that the same or similar action or
proceeding has been filed or is pending before the Supreme Court, the
Court of Appeals, or any other tribunal or quasi-judicial agency, I
undertake to report such fact within five (5) days therefrom to the court
or agency wherein the original pleading and sworn certification
contemplated herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this


_____________ at _____________, Philippines.

AFFIANT

SUBSCRIBED AND SWORN to before me, this


_____________, by _____________ who exhibited to me (his/her)
Community Tax Certificate No. _____________ issued at
_____________, Philippines on _____________.

NOTARY PUBLIC

Doc. No. ______;


Page No. ______;
Book No. ______;
Series of ______;

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