Professional Documents
Culture Documents
7.-Petition-for-Review-Rule-42 (1) (Autosaved) Asss
7.-Petition-for-Review-Rule-42 (1) (Autosaved) Asss
COURT OF APPEALS
Cebu City
AMNESIA GIRL,
Petitioner,
CA-GR SP NO. 12-2019
-versus-
MMM MEMENTO,
Respondent.
/------------------------------------------------/
THE PARTIES
TIMELINESS OF PETITION
On November 20, 2015, petitioner received copy of the
decision of the RTC BR. 8 of Tacloban City in Civil Case No. 2019-12.
Certified true copy of said decision is attached hereto as ANNEX "A".
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, said demand letter is herein attached as ANNEX "E";
4. The second demand letter was not heeded by respondent, as the
rental rate for November 2012 remained unpaid;
10. On December 28, 2013, petitioner received the order of the MTCC
Br. 20 of Tacloban City denying the motion for reconsideration,
herein attached as ANNEX "J";
12. On March 4, 2019, the RTC Br. 8, Tacloban City released an order
affirming in toto the decision of the lower court, which order is herein
attached as ANNEX "L";
14. On April 8, 2019, 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, which order is herein attached as ANNEX
"N";
15. On April 23, 2019, herein petitioner filed this instant petition for
review under Rule 42 of the 1997 Rules of Civil Procedure.
ISSUES RAISED
DISCUSSION
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
I, Amnesia Girl, of legal age, after having been duly sworn, deposes
and states that:
1. I am the petitioner in the above stated case;
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;
Doc. No. 1;
Page No. 2;
Book No. II;
Series of 2019.
Copy furnished:
Clerk of Court
RTC BR. 8, Tacloban City