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REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT


MAKATI CITY
BRANCH 42

MARIA CLARA REYES,


Plaintiff,

- versus - CIVIL CASE NO. 12345


For : Unlawful Detainer

JUAN DELA CRUZ,


Defendant.
x--------------------------------------x

NOTICE OF APPEAL

Defendant, JUAN DELA CRUZ (“DELA CRUZ”), by


counsel, pursuant to Section 3, Rule 40 of the Rules of Court,
respectfully gives notice that it is appealing the Honorable
Court’s Decision dated 10 November 2018, which granted the
reliefs prayed for in the Complaint dated 31 March 2018
(“instant Complaint”) filed by plaintiff Maria Clara Reyes
(“Reyes”) in the instant case, on the ground that the Honorable
Court’s Decision dated 15 November 2018 is contrary to law and
the evidence on record.

PARTIES TO THE APPEAL

The parties to the instant Notice of Appeal are defendant


Dela Cruz as appellant and plaintiff Reyes as the appellee.

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TIMELINESS OF THE APPEAL

On 11 November 2018, defendant Dela Cruz received a


copy of the Honorable Court’s Decision dated 10 November
2018.

Pursuant to Section 2, Rule 40 of the Rules of Court,


defendant Dela Cruz has fifteen (15) days from 11 November
2018, or until 26 November 2018, within which to file a Notice
of Appeal. Hence, the instant Notice of Appeal is filed well within
the reglementary period to appeal.

APPELLATE COURT DOCKET AND OTHER LAWFUL FEES

Defendant Dela Cruz respectfully manifests that the full


amount of the appellate court docket and other lawful fees had
been paid with the clerk of court as evidenced by the attached
copy of the corresponding Official Receipt issued in connection
therewith.

RESPECTFULLY SUBMITTED.

Makati City, Metro Manila, 11 November 2018.

JOHN M. SANTOS
Counsel for defendant Juan Dela Cruz
12 Dela Rosa corner Esteban St.
Legaspi Village, Makati City
Attorney’s Roll No. 7767874
IBP No. 108710/August 10, 2016/Makati City
PTR No. 181203/August 20, 2016/Makati City
MCLE No. 54321/August 1, 2016

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COPY FURNISHED:
(By Registered Mail)

CARLOS CHUNG AND IGNACIO LAW OFFICES


Counsel for Plaintiff Maria Clara Reyes
1292 Binondo Manila

WRITTEN EXPLANATION
FOR SERVICE BY REGISTERED MAIL

CLERK OF COURT
Metropolitan Trial Court
Makati City
Branch 42

Sir/Madam:

Please be informed that the undersigned counsel was


unable to personally serve a copy of the instant Notice of Appeal
to the above-named counsel. The undersigned counsel was
constrained to serve the said Notice of Appeal by registered mail
due to shortage of available manpower to effect service by
personal delivery.

JOHN M. SANTOS