PETITION FOR REVIEW

(UNDER RULE 42)

PETITIONER, through the undersigned counsel, unto this

Honorable Court, most respectfully state:

TIMELINESS

1. That on August 4, 2019, petitioner (then defendant in the

ejectment case) through his previous counsel received a copy
of the Decision of the Municipal Trial Court in Cities (MTCC),
Cebu City (Annex “A”) dated August 1, 2019. On August 6,
2019 or within the fifteen (15) day reglementary period,
petitioner filed a timely Notice of Appeal, paying the docketing
fees as well as posting a cash bond of P69,000.00 to stay
execution pending appeal.

2. That on November 29, 2019, the petitioner received a copy of

the Notice (Annex “B”) from the Office of the Clerk of Court,
Regional Trial Court (RTC), Cebu City, dated November 19,
2019 requiring the parties to file their respective Memorandum
on Appeal pursuant to Section 7 (a), (b), and (c), Rule 40 of the
1997 Rules of Civil Procedure, as amended, or not later than
December 16, 2019.

3. A timely Motion for Extension of Time to file Memorandum was

filed asking for an additional fifteen (15) days or not later than
December 31, 2019 within which to file a Memorandum on
Appeal on the grounds that the undersigned counsel was only
recently engaged, the previous counsel of which withdrew his
representation. A timely Memorandum on Appeal was filed
(Annex “C”).

4. On February 17, 2020, the petitioner, through the undersigned

counsel, received a copy of the RTC’s Decision (Annex “D”)
dated February 10, 2020 with a dispositive portion that states:

WHEREFORE, the instant appeal is hereby

DENIED and the Decision issued by the Municipal
Trial Court in Cities, Cebu City on August 1, 2019 in
Civil Case No. 888 is hereby AFFIRMED.

SO ORDERED.

5. Not satisfied with the Decision, petitioner is kindly seeking

reconsideration. Petitioner has until March 3, 2020 to file a
Motion for Reconsideration. A timely Motion for Reconsideration
was filed (Annex “E”).

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6. On April 15, 2020, petitioner, through the undersigned, received
a copy of the Resolution dated April 10, 2020 (Annex “F”)
denying the Motion for Reconsideration. As per Section 1, Rule
42 of the 1997 Rules of Civil Procedure, as amended, the
Petitioner has fifteen (15) days from notice of the decision
sought to be reviewed or of the denial of petitioner’s motion for
new trial or reconsideration within which to file the Petition or
not later than April 30, 2020.

Hence, this timely Petition.