Appeal to Ca_final

7/29/2019 Appeal to Ca_final

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Republic of the PhilippinesCOURT OF APPEALS

Manila, Philippines

JUAN BIGLANGYAMAN,

Appellant,

-versus-

PEDRO NAGHIRAP,

Appellee.

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

APPEALLANTS BRIEF

The appellant, JUAN BIGLANGYAMAN, through the undersigned counsel,

and unto this Honorable Court, respectfully submits the following:

NATURE OF THE APPEAL

1. This is an appeal by way of an Ordinary Appeal in accordance with

Section 2(a), Rule 41 of the Rules of Court, on the Decision promulgated by

the REGIONAL TRIAL COURT OF MANILA, Branch 1.

2. On September 14, 2013, the said Honorable Court rendered its

judgment DISMISSING the complaint and ordering the plaintiff-appellant to

pay defendant-appellee the cost of attorneys fees.

MATERIAL DATES AND TIMELINESS OF THE APPEAL

3. The DECISION, as promulgated by the REGIONAL TRIAL COURT OF

MANILA Branch 1 on September 14, 2013 was received on September 16,

2013.

5. In accordance with Section 2(a) of Rule 41 of the Rules of Court, the

appellant has fifteen (15) days to appeal. Hence, this appeal was timely filed.

CIVIL CASE NO. 143-440For: Collection of a Sum ofMoney


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STATEMENT OF MATERIAL FACT

6. Plaintiff - Appellant complained for the collection of a sum of money

against the Defendant appellee based on a duly executed promissory note

dated June 12, 2012.

ISSUE

A.

THE REGIONAL TRIAL COURT HAD COMMITTED A REVERSIBLE ERROR

THROUGH MISAPPREHENSION OF FACTS WHEN IT FAILED TO APPRECIATE

THAT THE PROMISSORY NOTE, THE PRIVATE DOCUMENT EVIDENCING THE

CREDIT, IS STILL HELD BY THE PLAINTIFF CREDITOR, THEREBY EVIDENCING

NON-PAYMENT OF DEBT

DISCUSSION OF ARGUMENT

A. THE REGIONAL TRIAL COURT HAD COMMITTED A REVERSIBLE ERROR

THROUGH MISAPPREHENSION OF FACTS WHEN IT FAILED TO APPRECIATE

THAT THE PROMISSORY NOTE, THE PRIVATE DOCUMENT EVIDENCING THECREDIT, IS STILL HELD BY THE PLAINTIFF CREDITOR, THEREBY PROOF OF

NON-PAYMENT OF DEBT

8. The appellant submits that the Regional Trial Court had committed a

reversible error when it did not look into the credence of the promissory note

as held by plaintiff-appellant. This promissory note was marked Exhibit A.

Jurisprudence abounds that in civil cases, one who pleads payment has the

burden of proving it.1 When the creditor is in the possession of the document

of credit, proof of non-payment is not needed for it is presumed.2 The debtor

has the burden of showing with legal certainty that the obligation has been

discharged by payment.3

PRAYER

1 Royal Cargo Corporation v. DFS Sports Unlimited, G.R. No. 158621, December 10, 2008.

2 Tai Tong Chuache & Co. v. Insurance Commission, 242 Phil 104, 112, (1988).

3 Supra note 1, at 422.


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WHEREFORE, it is respectfully prayed and pleaded of this Honorable

Court that the decision promulgated on 14 September 2013 dismissing the

complaint be RECONSIDERED, REVERSED, and SET ASIDE.

Other reliefs just and equitable are likewise prayed for.

21st day of September 2013, City of Manila.

GERALD COCounsel for the Plaintiff2134 Jose Abad Santos, Sta MesaPTR No. 12345/09-24-13/ManilaIBP No. 42956/10-10-14/ManilaRoll No. 912345MCLE No. IV-0001234

COPY FURNISHED

Copy Furnished:

SAHLIE GONZALESCounsel for the Defendant123 Napoles Street,Sta. Ana, ManilaIBP No. 14344/02-14-88Roll No. 12345/04-24-93MCLE ExemptPTR Exempt

Received by: _______________________

Date: _____________________________


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VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I,JUAN BIGLANGYAMAN, of legal age, single, Filipino and a resident of 88

Mingoa St., Sta. Mesa, Manila, after having been duly sworn, depose andstate that:

1. I am the appellant in the above-stated case;

2. I have caused the preparation of the foregoing petition;

3. I have read the contents thereof and the facts stated therein are

true and correct of my personal knowledge and as culled from authentic

records;

4. To the best of my knowledge and belief, I have not commenced any

other action or filed any claim involving the same issues in the Supreme

Court, the Court of Appeals, or any other tribunal or agency;

5. If I should thereafter learn that a similar action or proceeding has

been filed or is pending before the Supreme Court, the Court of Appeals, or

any other tribunal or agency, I undertake to report that fact within five (5)

days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand this 20th day ofSeptember 2013 in the City of Manila, Philippines.

JUAN BIGLANGYAMAN

Affiant

SUBSCRIBED AND SWORN to before me this 21

st

day of September, 2013affiant exhibiting to me his Drivers License No. N02-12345 issued on March04, 2013 in Manila.

EDUARDO MINGOA

NOTARY PUBLIC

Until December 31, 2014

Roll of Attorneys No. 23456

IBP No. 333945/01-05-03

PTR No. 175456/02-07-13/ManilaMCLE Compliance No. I 0007865/04-01-13

Doc. No. ;_____Page No.;_____Book No.;_____Series of 2013.


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COPY FURNISHED:

SAHLIE GONZALESCounsel for the Defendant123 Napoles Street,Sta. Ana, ManilaIBP No. 14344/02-14-88Roll No. 12345/04-24-93MCLE ExemptPTR Exempt

REGIONAL TRIAL COURT

Manila

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Appeal to Ca_final