G.R. No. 152614. September 30, 2009

G.R. No. 152614. September 30, 2009

SALVADOR A. FERNANDEZ, PETITIONER, VS. CRISTINA D. AMAGNA, RESPONDENT.

http://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/49894

Issues

 * THE HONORABLE COURT OF APPEALS ERRED IN FAILING TO CONSIDER THE ORDINANCE NO. 8020 ENACTED BY THE CITY OF MANILA ON MARCH 12, 2001 AUTHORIZING ACQUISITION OF THE SUBJECT PROPERTY, FOR RESALE TO THE BONAFIDE TENANT THEREAT, UNDER THE LAND-FOR-THE-LANDLESS PROGRAM OF THE CITY OF MANILA.
 * THE HONORABLE COURT OF APPEALS ERRED IN FAILING TO CONSIDER OR TAKE JUDICIAL NOTICE OF THE FACT THAT THE SUBJECT PROPERTY IS UNDER EXPROPRIATION BY THE CITY OF MANILA AND THEREFORE PETITIONER BY FORCE OF P.D. NO. 1517 IS A BENEFICIARY OF "NO EVICTION RULE" UNDER THE SAME.
 * THE HONORABLE COURT OF APPEALS ERRED IN FAILING TO CONSIDER THE RENT CONTROL LAW (BP BLG. 877) INSOFAR AS ALLOWABLE INCREASE OF RENTAL OF THE SUBJECT PROPERTY IS CONCERNED, I.E. FROM P480.00/PER MONTH TO P1,300.00/PER MONTH.
 * THE HONORABLE COURT OF APPEALS ERRED IN FAILING TO REVERSE THE ASSAILED DECISION (ANNEX "A") IN FAVOR OF THE PETITIONER

Decisions
WHEREFORE, the petition for review is hereby DENIED. The assailed decision of the CA in CA-G.R. SP No. 46910 is hereby AFFIRMED.