Title
Cosmo Entertainment Management, Inc. vs. La Ville Commercial Corp.
Case
G.R. No. 152801
Decision Date
Aug 20, 2004
The court ruled that Cosmo Entertainment Management, Inc. breached the lease agreement with La Ville Commercial Corporation by failing to pay monthly rentals, upholding the terms of the contract.
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Case Digest (G.R. No. 152801)

Facts:

  • The case involves Cosmo Entertainment Management, Inc. (petitioner) and La Ville Commercial Corporation (respondent).
  • A lease agreement was signed on March 17, 1993, for a parcel of land in Makati City, owned by the respondent.
  • The lease was for seven years at a monthly rental of P250 per square meter, with a security deposit of P447,000.
  • The petitioner encountered financial difficulties and ceased operations in September 1996, defaulting on rental payments.
  • On February 1, 1997, the respondent demanded the petitioner vacate the premises and pay accrued rentals of P740,478.91.
  • The petitioner contested this amount, claiming a debt of only P279,400 after applying the security deposit.
  • Following failed negotiations, the respondent filed a complaint for illegal detainer with the Metropolitan Trial Court (MeTC) of Makati City.
  • The MeTC ruled in favor of the respondent on July 20, 1999, citing the petitioner's breach of the lease agreement.
  • The petitioner appealed to the Regional Trial Court (RTC), which upheld the MeTC's decision on June 26, 2000.
  • The petitioner filed a Motion for Extension to File a Petition for Review with the Court of Appeals (CA) on July 21, 2000, after receiving the RTC decision on July 6, 2000.
  • The CA granted a non-extendible period until August 5, 2000, for filing the petition.
  • The petitioner filed a second motion for extension on August 4, 2000, and submitted the Petition for Review on August 18, 2000, beyond the granted period.
  • The CA dismissed the petition for being filed out of time on September 26, 2000, and denied the motion for reconsideration on March 22, 2002.
  • The petitioner then sought a review from the Supreme Court.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court affirmed the Court of Appeals' dismissal of the petition for review for being filed out of time.
  • The Court ruled that the technical rules of procedure should not be di...(Unlock)

Ratio:

  • The Supreme Court held that the Court of Appeals acted within its discretion in dismissing the petition for review as it was filed beyond the non-extendible period granted.
  • Rule 42 of the 1997 Rules of Court specifies a fifteen-day period from the notice of the adverse decision to file a petition for review, with only one extension of fifteen days allowed under compelling circumstances.
  • The pet...continue reading

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