Republic of the Philippines

SUPREME COURT
Manila

Liza Israel Soberano,

Petitioner,
GR NO. 080215
-versus-

Enrique Gil,
Respondent.

/------------------------------------------------/

PETITION FOR REVIEW

(Rule 45)

PETITIONER, by counsel and to this Honorable Court, respectfully alleges:

NATURE OF THE CASE

This is a petition for review pursuant to Rule 45 of the Rules of Court of

the decision of the Regional Trial Court of Iloilo City , Branch , entitled Liza Israel
Soberano vs. Enrique Gil, which dismissed plaintiff's (now petitioner's) complaint,
upon defendant's (now respondent's) motion to dismiss on the ground that it stated
no valid cause of action, which dismissal was affirmed by the trial court when it
denied the motion for reconsideration. Only questions of law are raised, there being
no factual issues involved.

THE PARTIES

Petitioner is of legal age and is the plaintiff in said Civil Case No.
080215, RTC BR. 6, Iloilo City.

Respondent is also of legal age and is the defendant in Civil Case No.
080215 RTC Br. 6, Iloilo City. He may be served with legal process through his
counsel, Atty. Rodrigo Duterte, with office address at 75 Jalandoni St. Suarez
Building.

TIMELINESS OF PETITION

On August 8, 2013, petitioner received copy of the decision of the RTC BR. 6 of
Iloilo City in Civil Case No. 080215. Certified true copy of said decision is attached hereto as
ANNEX "I".

On September 19 , 2013 or within the 15-day period from receipt of said decision
stated in ANNEX "I", petitioner filed his motion for reconsideration of said decision, copy of
which motion for reconsideration is attached hereto as ANNEX "J".

On October 25, 2013 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 "K".

This instant petition is filed within the 15-day period from receipt on November 2,
2013 denying the motion for reconsideration.
 STATEMENT OF FACTS AND MATTERS INVOLVED

The factual background and proceedings are as follows:

1. Sometime on February 14, 2013, respondent contracted a loan from petitioner in the
amount of FIVE MILLION PESOS (PHP 5,000,000.00) at SIX PERCENT INTEREST
PER ANNUM (6%) payable in three yearly installments to wit: First payment: June 16,
2013 for PHP 2,050,000.00; Second payment: July 16, 2014 for PHP PHP 950,000.00;
Third payment: February 14, 2015 for PHP 950,000.00, which contract is herein attached
as ANNEX "A";

2. On March 1, 2013, herein respondent failed to pay his monthly obligations. A demand
letter dated March 12, 2013 was made by petitioner to demand payment of the same which
was personally received by herein respondent. The same is herein attached as ANNEX "B";

3. Despite said demand letter, respondent failed to pay. On March 23, 2015 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 "C";

4. The second demand letter was not heeded by respondent, as the amount due March 1,
2013 still remained unpaid;

5. 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;

6. On April 11, 2013, Petitioner filed a collection case against the respondent before the
RTC Br. 6, Iloilo City and was docketed as Civil Case No. 080215, herein attached as
ANNEX "F";

8. On June 13 , 2013, the RTC Br. 6 released a judgment ruling in favor of petitioner,
which petitioner received on June 25, 2013, which decision is herein attached as ANNEX
"G";

9. On July 25, 2013, respondent filed a motion for reconsideration, herein attached as
ANNEX "H";

10. On August 08, 2013, petitioner received the order of the RTC Br. 6 of Iloilo City
granting the motion for reconsideration of respondent, herein attached as ANNEX "I";

11. On September 19, 2013, petitioner filed motion for reconsideration, for the decision
granted ANNEX "I", herein attached as ANNEX "J";

12. On October 25, 2013, the RTC Br. 6, Iloilo City petitioner received the order denying
petitioner's motion for reconsideration, herein attached as ANNEX "K";

13. On November 2, 2013, petitioner filed this instant petition for review under Rule 45
of the 1997 Rules of Civil Procedure.
 ISSUES RAISED

1. Whether or not a Loan Contract was executed.

2. Whether or not respondent failed to tender payment for March 1, 2013.

3. Whether or not there is cause of action for the petitioner.

ERRORS COMMITTED BY TRIAL COURT

I. THE TRIAL COURT ERRED WHEN IT GRANTED THE MOTION FOR

RECONSIDERATION OF THE RESPONDENT FOR FAILURE OF PETITIONER TO CITE A
CAUSE OF ACTION.

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 LOAN.

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 petitioner, 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 11, 2013, herein petitioner received the order to the Regional Trial Court, Br.
6 of Iloilo City denying the latter's motion for reconsideration with regards the order of the
aforesaid court, respondent filed a motion for reconsideration as against said order which the trial
court granted on August 8, 2013, agreeing with respondents contention that petitioner failed to cite
cause of action. On September 19, 2013, petitioner filed a motion for reconsideration over the
same which the trial court denied. On October 25, 2013 or 15 days after the receipt of the order
denying the motion for reconsideration herein petitioner filed this instant petition for review under
Rule 45 of the 1997 Rules of Civil Procedure.

2. Despite diligent efforts made by petitioner to secure all the proper documents to support
his interests and to demand payment from 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 loan third and last installment of the loan due on
February 14, 2013 as stipulated in the Loan Contract and duly signed by the respondent.

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 annex "J" hereof be set aside and a new one be rendered.

3. Ordering the respondent to pay the petitioner the following sums:

a. The amount of NINE HUNDRED FIFTY THOUSAND PESOS

(950,000), Philippine Currency, representing respondent's
Outstanding Loan Balance, inclusive of interest at the rate of six percent
(6%) per annum as stipulated in the Contract of Lease;

b. Costs of suit.

4. Petitioner likewise prays for other reliefs deemed just and equitable in the
premises are similarly prayed for.

Iloilo City, Philippines. November 02, 2012.

BY:

ATTY. JOHN PATRICK A. ISRAEL

Counsel for Plaintiff
Roll No. 080215
IBP No. 51208 Lifetime
PTR No. 70 - 1/2/14 Iloilo
MCLE Compliance IV No. 001234
Issued on February 14, 2013
 VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, Liza Israel Soberano, 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 2nd day of November 2013 at Iloilo City, Iloilo,

Philippines.

Liza Israel Soberano

Affiant
T.I.N. 213-774-232, Iloilo City

SUBSCRIBED AND SWORN to before me, this 2nd day of November 2013, affiant
exhibiting to me his Tax Identification Card as shown above below her name as competent
evidence of his identity.

ATTY. JOHN PATRICK A. ISRAEL

Counsel for Plaintiff
Roll No. 080215
IBP No. 00208 Lifetime
PTR No. 70 - 1/2/14 Iloilo
MCLE Compliance IV No. 001234
Issued on November 02, 2013

Doc. No. 1;
Page No. 2;
Book No. II;
Series of 2014.
Copy furnished:

Clerk of Court
RTC BR. 6, Iloilo City
Date of Receipt: ______________________
Signature: __________________________

Atty. Rodrigo Duterte

Counsel for Respondent
S and A Building, Juan Luna St.
Iloilo City

Date of Receipt:___________________
Signature:_____________________