REPUBLIC OF THE PHILIPPINES

COURT OF APPEALS
CEBU CITY

MARCO B. TICAO
Petitioner-Appellant,

- versus - Civil Case No. ______________________

For: Unlawful Detainer

JOHNNY A. DELGADO
Respondent-Appellee.
x------------------------------------- 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

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 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.

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 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 MTC-

Iloilo 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 “RTC-
Iloilo 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

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 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

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 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 above-

entitled 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;

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 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. ____; ATTY. ELIZABETH MARIE B. SANTOS

Page No.____; Attorney’s Roll No. 45678
Book No. ___; PTR No. 34908139/ 01.04.16/ Iloilo
Series of ____. 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: ____________________

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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: ______________________