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REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT


ILOILO CITY, Branch ______

JOHNNY A. DELGADO
Plaintiff,

- versus - Civil Case No. ______________________


For: Unlawful Detainer

MARCO B. TICAO
Defendant.
x--------------------------------- x

MOTION FOR RECONSIDERATION


(Resolution Dated 1February 2018)

Defendant Marco B. Ticao, thru counsel, and unto this Honorable


Court of Appeals, respectfully submits this motion and in support hereof
states the following:

1. On 1 February 2018, the Honorable Court issued a Resolution


favoring the plaintiff Johnny A. Delgado and against the
defendant.

2. Defendant received a copy of the Resolution on 3 February


2018 and she has until 13 February 2018 to submit this
motion.

3. In the interest of justice, defendant is filing this Motion for


Reconsideration on the ground that the finding and
conclusion are contrary to facts and law.

GROUNDS

1. With all due respect, the Honorable Court erred in ruling in


favor of the plaintiff and against the defendant.

ARGUMENTS

The 1 January 2017 lease contract


executed by plaintiff and defendant was simulated,

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and hence void.

In its Resolution dated 1 February 2018, the Honorable Court


relied heavily on the testimony of Mariano. He testified that “Plaintiff
personally told him that he was going to execute a lease contract,
because Defendant was desperate to look for a place to stay.” The
Honorable Court went on agreeing with Mariano’s testimony where
he said that “[Mariano] also personally saw that both Plaintiff and
Defendant signing a document which appears to be a lease contract
and that Plaintiff was not pointing any gun at Defendant at that time.
Mariano is a credible witness.” Such testimony is self-serving, and
should not be given credit.

The Honorable Court overlooked the testimony of Alfonso A.


Delgado, a house help employed by plaintiff in the leased premises,
who testified that he personally saw plaintiff pointing a gun to
defendant during the execution of the lease contract dated 1 January
2017. The Honorable Court neglected Alfonso’s testimony, and had
not even bothered to discuss in the Resolution the probative value of
Alfonso’s testimony. The Honorable therefore erred in relying on
Mariano’s testimony alone without considering Alfonso’s testimony
in arriving at the resolution of this case.

PRAYER
WHEREFORE, premises considered, Defendant respectfully moves
for the reconsideration of 1 February 2018 Resolution on the above-
entitled case and that the case for unlawful detainer against defendant be
DISMISSED in favor of the defendant and against the plaintiff.

Done in the City of Iloilo on the 5th day of February 2018.

MARCO B. TICAO
Defendant-Movant

Assisted by:

ATTY. ELIZABETH MARIE B. SANTOS


Counsel for the Respondent
Attorney’s Roll No. 45678
PTR No. 34908139/ 01.04.16/ Iloilo
IBP (Lifetime) No. LRN-010317/Iloilo
MCLE Compliance No. V-009021/ April 22,
2016

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SUBSCRIED TO AND SWORN BEFORE ME this 5 th day of February 2018 at
the City of Iloilo. I hereby certify that I have personally examined the plaintiff-
movant and I am satisfied that he voluntarily executed and understood the said
Motion for Reconsideration.

______________________________________
Administering Officer

Copy Furnished:

Atty. Marco A. dela Cruz


Clerk of Court
Municipal Trial Court, Branch 1, Iloilo City

Date of Receipt: ______________


Signature: ____________________

CORTINA & MONTES LAW OFFICES


Counsel for the Plaintiff
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: ______________________

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