REPUBLIC OF THE PHILIPPINES

COURT OF APPEALS
Manila

ROCK CONSTRUCTION FIRM

PETITIONER,

-- VERSUS –

OBLATES OF MARY IMMACULATE, INC.,

AND NOTRE DAME UNIVERSITY, INC.
RESPONDENT

X-------------------------------------------------X

PETITION FOR CERTIORARI

COMES NOW, petitioner ROCK CONSTRUCTION FIRM duly

represented by Atty. Mennaldz A. Amilhasan, through the undersigned
counsel in the above-entitled case, unto this Honorable Court, most
respectfully states and alleges:

I. NATURE OF THE PETITION

1. This is a petition for Certiorari under Rule 65 of the 1997 Rules of

Civil Procedure assailing the resolution of the Regional Trial Court,
Branch 13 of Cotabato City, dated January 14, 2017 pertaining to the
denied Motion for Reconsideration of its previous decision;

2. That petitioner was able to timely file the Motion For Reconsideration
of such resolution of the Regional Trial Court. Unfortunately, the
RTC denied said motion on its resolution dated January 20, 2017;

3. That petitioner is now assailing the propriety of the Regional Trial

Court, Branch 13 of Cotabato City, decision in dismissing the motion
 and hereby raise pure questions of law, considering that there is no
plain, speedy and adequate remedy available in the ordinary course of
law- hence, this petition;

II. TIMELINESS OF THE FILING OF THE PETITION

1. That petitioner through its president had received via his secretary the
assailed RTC decision denying the motion for reconsideration on
January 16, 2017. This petition is timely filed because it is still within
the time frame allowed by law.

III. ATTACHMENTS

1. Annex “A” - Decision of RTC dated January 14, 2017.

2. Annex “B” - Denied Motion for Reconsideration by RTC dated
January 20, 2017.

IV. THE PARTIES

1. That petitioner is a construction firm duly organized and registered under

the laws of the Philippines, represented by it’s President, ROCO
MANAHAN SANCHEZ, of legal age, Filipino, single, with an office
address at #34, 5th St. Bonifacio Global City Taguig Metro Manila, where
she may be served the summons and other processes of this Honorable
Court;

2. That respondent OBLATES OF MARY IMMACULATE is a duly

organized entity engaged in the operation of educational institutions
operating under the laws of the Philippines, represented by its Father
Provincial, FR. Lauro De Guia, of legal age, Filipino, Single, with an Office
Address at Notre Dame Avenue, Cotabato City, where he may be served the
summons and other processes of this Honorable Court.

V. STATEMENT OF MATTERS AND FACTS INVOLVED IN THE

CASE

1.On June 25, 2015, the Defendant, OBLATES OF MARY

IMMACULATE, INC. AND NOTRE DAME UNIVERSITY, INC., entered
into a project management contract with ROCK CONSTRUCTION FIRM
within the NDU campus of Oblate of Mary Immaculate Seminary (JOMI
seminary) for the construction of buildings with the agreement that the
defendant pay the construction firm Fifty percent (50%) during the
construction period and full payment upon the completion of the said
building;

2. On July 10, 2016, the Petitioner ROCK CONSTRUCTION FIRM

finished the construction of the said building and started demanding for the
payment of the constructed building of the Notre Dame University and
OMI, but the latter failed to settle their account on the ground that the
Project Management Contract between NDU, OMI and The Rock
Construction Firm was without the prior approval of the board of trustees,
hence, the claim of payment have been denied.

3.The Regional Trail Court ruled in favor of OMI, the dispositive portion of
which reads as follows:

WHEREFORE, the motion for reconsideration field by plaintiff Rock

Construction Firm is denied against OMI in upholding the initial findings
the OMI, INC. is not a real party-interest and FR. Lauro De Guia, OMI
allege assurance of payment were unenforceable.

4. That a timely Motion for Reconsideration was filed before the RTC
but was denied.

VI. REASONS/ARGUMENTS RELIED ON FOR THE INSTANT

PETITION

1. The RTC committed grave abused of discretion when it granted OMI,

INC.’s Motion to dismiss on the basis of the document submitted in
support of the complaint and not solely on the allegations stated
therein.

2. Allegation raised questions of fact and law, which should have been
threshed out during trial, when both parties have been given the
chance to present evidence supporting their allegation respective
allegations.

PRAYER
 WHEREFORE, premises considered, petitioner respectfully
prays that an order be issued reversing the RTC decision denying the
Motion for Reconsideration of ROCK CONSTRUCTION FIRM.

Respectfully submitted this 14th day of February, 2017 at Cotabato

City, Philippines.

ATTY. MENNALDZ A. AMILHASAN

Counsel for Petitioner
PTR no.
IBP No.
ROA No.
MCLE Compliance No.
Cotabato City
 EXPLANATION

( Pursuant to Section 11, Rule 13 of the 1997 Rule of the Civil

Procedure)

The foregoing pleading is being served through registered mail except

for the filing of the petition because personal delivery is impractical
due to distance.

ATTY. MENNALDZ A. AMILHASAN

Copy furnished:

1. ATTY. GEOSCI SAIDEE

Counsel for defendant

2. Regional Trail Court

Cotabato City, Branch 13
Republic of the Philippines)
City of Manila . . . . . . . . ) S.S.

X-----------------------------X

CERTIFICATION OF NON-FORUM SHOPPING/

VERIFICATION

I, ROCO MANAHAN SANCEHZ, of legal age, Filipino citizen,

single, with office address at #34, 5th St. Bonifacio Global City
Taguig, MM, Philippines after having been duly sworn to an oath
in accordance with law, hereby depose and say:

That I am the President of Rock Construction Firm. with office

address at #34, 5th St. Bonifacio Global City Taguig MMla,
Philippines;

That I have been tasked and authorized by Rock Construction Firm..

through its Board Resolution to caused to prepare and file the petition
for certiorari before the Court of Appeals the assailed resolution of
the RTC;

That in compliance thereof, I prepared and/or caused the foregoing

petition; I have read it’s contents and the same are true and correct
based on my personal knowledge and of the
authentic records;

That I hereby certify that there is no other action or proceeding

involving the same subject matter, issues, and parties pending in any
other court or tribunal; and in case, if I learned of any action or
proceeding involving the same subject matter, issues and parties
pending in any other court or tribunal, I hereby undertake to report
the same to this Honorable Court within Five (5) days from date of
knowledge thereof;
IN WITNESS WHEREOF, I hereunto affixed my signature this 14th
day of February, 2017 at Cotabato, Philippines.

ROCO M. SANCHEZ
Affiant/Petitioner
LTO ID No. N27-02-006784

SUBSCRIBED AND SWORN to before me this 14th day of

February, 2017 at Cotabato City, Philippines.

Doc No. _____;

Page No. _____;
Book No. _____;
Series of 2017.