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Republic of the Philippines

COURT OF APPEALS
Cebu City

Stephen C. Curry,
Petitioner,
CA-GR SP NO. 1-2017
-versus-

Kyrie I. Irving,
Respondent.

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

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 City, Branch 8, entitled Stephen C. Curry vs Kyrie
I. Irving, which affirmed the decision of the Municipal Trial Court of Iloilo City, 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. Ceazar C. Cahilig, with office
address at S and M Building, Manduriao, Iloilo City.

TIMELINESS OF PETITION

On November 20, 2017, petitioner received copy of the decision of the RTC BR.
8 of Iloilo City in Civil Case No. 2014-12. Certified true copy of said decision is attached hereto
as ANNEX "A".

On November 24, 2017, petitioner filed his motion for reconsideration of said
decision, copy of which motion for reconsideration is attached hereto as ANNEX "B".

On November 28, 2017, 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 "C".

Within the 15-day period from receipt of said order marked as ANNEX "C",
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 apartment from petitioner for a period
of eight months (7) commencing on May 1, 2012 and ending on December 31, 2012 with
a monthly rental rate of ten thousand pesos (PHP 20,000.00) to be paid every 10th day of
each month commencing June 2012. The contract of lease is herein attached as ANNEX
"C-1";

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. The same is herein
attached as ANNEX "D";

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;

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 forty thousand pesos (PHP 40,000.00), which demand letter is herein attached as
ANNEX "F";

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, herein
attached as ANNEX "G";

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


respondent, which decision is herein attached as ANNEX "H";

9. On September 20, 2013, petitioner filed a motion for reconsideration, herein attached
as ANNEX "I";

10. On December 28, 2013, petitioner received the order of the MTCC Br. 20 of Iloilo
City denying the motion for reconsideration, herein attached as ANNEX "J";

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, Iloilo City and was docketed as Civil Case
No. 2014-12, which appeal is herein attached as ANNEX "K";

12. On March 4, 2014, the RTC Br. 8, Iloilo City released an order affirming in toto the
decision of the lower court, which order is herein attached as ANNEX "L";

13. On March 15, 2014, petitioner filed a motion for reconsideration for the order
released March 4, 2014, which motion is herein attached as ANNEX "M";
14. On April 8, 2014, the RTC BR. 8, Iloilo 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, 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 ILOILO 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 FORTY THOUSAND PESOS ( 40,000), 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.

Love, Irving, Smith, Williams and Associates (L.I.S.W.)


Law and Accounting Offices
Counsel for Plaintiff
Brgy. St. Joseph, Jaro, Iloilo City
Tel. No. (053) 321-1111/09177777777
E-mail: lisw.law@gmail.com

BY
ATTY. Kevin Love
Counsel for Plaintiff
Roll No. 5500
IBP No. 010 Lifetime
PTR No. 70 - 1/2/14 Iloilo
MCLE Compliance IV No. 001223
Issued on January 12, 2013

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, Stephen C. Curry, 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.

Stephen C. Curry
Affiant
T.I.N. 216-777-222,
Iloilo City

JURAT

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. Kevin Love


Counsel for Plaintiff
Roll No. 5500
IBP No. 010 Lifetime
PTR No. 70 - 1/2/14 Iloilo
MCLE Compliance IV No. 001223
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, Iloilo City
Date of Receipt: ______________________
Signature: __________________________

Atty. Ceazar C. Cahilig


Counsel for Respondent
S and M Building, Jaro, Iloilo City

Date of Receipt:___________________
Signature:_____________________