Legal Forms and Writing

SUI GENERIS EXCLUSIVE NOTES (SGEN)
LEGAL FORMS AND WRITING
JANEIT MORALLOS PAJILA
LEGAL FORMS AND WRITING JANEIT PAJILA
TABLE OF CONTENTS
I.
COMMON FORMS A. Caption and Title B. Prayer C. Jurat D. Verification E. Certification against Forum Shopping F. Combined Verification and Certification against Forum Shopping G. Combined Verification, Certification against Forum Shopping, and Statement of Material Dates H. Request for and Notice of Hearing I. Proof of Personal Service J. Proof of service by registered mail (with Explanation for failure to serve personally) K. Place, date, signature, address, Roll number, IBP receipt number, PTR number L. Acknowledgement M. Notice of Appeal PLEADINGS AND OTHER LEGAL DOCUMENTS IN CIVIL PROCEDURE A. Complaint (and other initiatory pleadings) 1. Complaint for ejectment with damages 2. Complaint for sum of money 3. Complaint for Replevin 4. Complaint to set period of years for lease B. Answer with affirmative defenses and counterclaims 1. Answer with compulsory counterclaim 2. Answer with counterclaim and cross-claim C. Pre-trial Brief D. Motions 1. Motion to Dismiss (with Request for and Notice of Hearing) 2. Motion for leave of court to file pleading (with explanation for service by registered mail) 3. Motion for Judgment on the Pleadings 4. Ex parte motion to set for trial 5. Motion for postponement 6. Motion for extension of time 7. Motion to declare defendant in default 8. Motion to lift order in default E. Special Civil Actions 1. Certiorari (with Injunction and/or TRO), Prohibition and Mandamus a. Certiorari b. Prohibition c. Mandamus 2. Quo warranto, Interpleader, Quieting of Title, and Declaratory Relief a. Complaint in Interpleader b. Action to Quiet (or Remove Cloud on) Title c. Action for Declaratory Relief d. Quo Warranto PLEADINGS AND OTHER LEGAL FORMS IN CRIMINAL PROCEDURE A. Complaint-Affidavit and Counter-Affidavit LEGAL FORMS AND WRITING JANEIT PAJILA 2
II.
III.
1. Complaint-Affidavit 2. Counter-Affidavit B. Information and Complaint 1. Information (with Certificate of Preliminary Investigation or Inquest) a. Bigamy b. Theft c. Attempted Rape d. Frustrated Murder C. Motions 1. Motion to Quash Information 2. Motion to Quash Search Warrant 3. Motion to Suppress Evidence 4. Motion for Bail D. Application for Bail
IV.
PLEADINGS AND OTHER LEGAL DOCUMENTS COMMON TO CIVIL AND CRIMINAL PROCEDURE A. Offer of Evidence and Opposition/Comment to Offer 1. Formal Offer of Evidence 2. Comment/Opposition to Offer B. Demurrer to the Evidence 1. Criminal cases 2. Civil cases C. Notice of Lis Pendens D. Appearance as Counsel E. Withdrawal as Counsel 1. Withdrawal with conformity of client 2. Withdrawal without conformity of client F. Substitution of Counsel G. Notice of Appeal PLEADINGS AND LEGAL DOCUMENTS ON DOMESTIC CASES AND SPECIAL PROCEEDINGS A. Petition for Habeas Corpus B. Petition for Adoption C. Petition for Declaration of Nullity of Marriage with Application for Provisional Orders D. Petition for Probate of Holographic Will DEEDS, CONTRACTS AND OTHER CORPORATE LEGAL DOCUMENTS A. Special Power of Attorney B. General Power of Attorney C. Contract of Lease D. Holographic Will E. Notarial Will F. Attestation Clause for a Notarial Will G. Acknowledgement of a Notarial Will H. Donation Inter Vivos I. Acknowledgment of Nominee Status with Assignment of Shares J. Secretarys Certificate K. Board Resolutions 1. Authority to Act 2. Increase in number of directors and necessary amendment to the Articles of Incorporation LEGAL FORMS AND WRITING JANEIT PAJILA 3
V.
VI.
L. M. N. O. P. Q. R.
Deed of Assignment Deed of Sale of Registered Land (unilateral) Deed of Sale of Unregistered Land (unilateral) Deed of Sale with Pacto de Retro (bilateral) Deed of Repurchase of land sold under Pacto de Retro Deed of Sale with Mortgage Dacion en Pago (Deed of Assignment of Real Estate in payment of debt) S. Chattel Mortgage
VII.
APPEALS AND OTHER RESORTS TO APPELLATE COURTS IN CRIMINAL AND CIVIL PROCEDURE A. Ordinary Appeals 1. in civil cases a. from MTC (in original jurisdiction) to RTC (in appellate jurisdiction) b. from RTC (in original jurisdiction) to CA 2. in criminal cases a. from MTC (as trial court) to RTC (in appellate jurisdiction) b. from RTC (as trial court) to CA c. from RTC (as trial court) to SC B. Petitions for Review 1. from RTC (as appellate court) or from quasi-judicial agencies to CA 2. from RTC (on pure questions of law) or CA (in appellate jurisdiction) to SC
COMMON FORMS A. Caption and Title Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 1, Manila ____________________, Plaintiff, -versusCivilCase No._______________ For _______________________ ______________________, Defendant. x------------------x B. Prayer PRAYER WHEREFORE it is respectfully prayed, after notice and hearing, that the defendant be ordered to pay the plaintiff the amount of One Million Pesos (Php.1,000,000) for actual and compensatory damages, Fifty Thousand Pesos (Php.50,000) for moral damages, Fifty Thousand Pesos (Php.50,000) for exemplary damages, and Fifty Thousand Pesos (Php.50,000) for attorneys fees. Other just and equitable reliefs are also prayed for. C. Jurat SUBSCRIBED AND SWORN TO before me in the City of _______________ on this day of _________________, affiant exhibiting before me his community tax certificate no. _______________ issued on __________________ at _____________________. (Sgd.) JUAN CRUZ Notary Public Until __________________ PTR No. _______________ Issued at ______________ On ___________________ Doc. No. Page No. Book No. Series of 2007.
D. Verification VERIFICATION Republic of the Philippines ) City of _______________ ) s.s. C.K. Hilfiger, after having been duly sworn in accordance with law, deposes and states that: 1. He is the plaintiff in the pleading/document entitled (pleading/document being verified) 2. He has caused its preparation 3. He has read it and the allegations therein are true and correct of his own knowledge or based on authentic records. (Sgd.) JUAN DELA CRUZ PLUS: Jurat NOTE: Pleadings required to be verified 1. All pleadings under the Rules of Summary Procedure 2. Complaints for a. Forcible entry b. Unlawful detainer c. Replevin 3. Complaints with application for injunction or attachment 4. Answer to complaint or counterclaim based on actionable documents 5. Petitions for a. Certiorari b. Prohibition c. Mandamus d. Habeas Corpus e. Change of Name E. Certification against Forum Shopping CERTIFICATION AGAINST FORUM SHOPPING Republic of the Philippines ) City of _______________ ) s.s. C.K. Hilfiger, after having been duly sworn in accordance with law deposes and states that: 1. He is the plaintiff in the case entitled (title of the case); 2. He certifies that he has not commenced any action or filed any claim involving the same issues before any other court, tribunal or quasi-judicial agency; 3. To the best of his knowledge, there is no such pending action or claim; 4. If he should learn that a similar action or claim has been filed or is pending he shall report such fact within five (5) days from the discovery to this Honorable Court. (Sgd.) JUAN DELA CRUZ PLUS: Jurat LEGAL FORMS AND WRITING JANEIT PAJILA 6
F. Combined Shopping
Verification
and
Certification
against
Forum
VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING I, C.K. Hilfiger, of legal age, do hereby state that: I am the Chief Executive Office of Alis Di-yan Company and in such capacity, caused this Complaint to be prepared; I have read its contents and affirm that they are true and correct to the best of my own personal knowledge; I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the court within five (5) days from my notice. IN WITNESS WHEREOF, I have signed this instrument on _____________. (Sgd.) JUAN DELA CRUZ PLUS: Jurat G. Combined Verification, Certification against Shopping, and Statement of Material Dates VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING I, JUAN DELA CRUZ, of legal age, do hereby state that: I am the Chief Executive Office of Alis Di-yan Company and in such capacity, caused this Complaint to be prepared; I have received a copy of the [Order/Resolution/Decision] of the Court on 13 April 2007; I have read its contents and affirm that they are true and correct to the best of my own personal knowledge; I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the court within five (5) days from my notice. IN WITNESS WHEREOF, I have signed this instrument on _____________. (Sgd.) JUAN DELA CRUZ PLUS: Jurat Forum
H. Request for and Notice of hearing REQUEST FOR & NOTICE OF HEARING THE BRANCH CLERK OF COURT Metropolitan Trial Court Quezon City, Branch 39 Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipt hereof and kindly include the same in the courts calendar for hearing on Friday, 13 April 2007 at 8:30 in the morning. ATTICUS FINCH 1 MockingBird Street Timog Avenue, Quezon City LEGAL FORMS AND WRITING JANEIT PAJILA 7
Please take notice that counsel has requested to be heard on Friday, 13 April 2007 at 8:30 in the morning. (Sgd.) JUN CRUZ Counsel for Defendant 2 The Firm Laguna Street, Quezon City I. Proof of personal service Copy furnished through personal service: Atty. Mitch McDeere Counsel for the Defendant 2 The Firm Laguna Street, Quezon City J. Proof of service by registered mail (with Explanation for failure to serve personally) Copy furnished through registered mail: Atty. Mitch McDeere Counsel for the Defendant 2 The Firm Laguna Street, Quezon City Registry Receipt No. ________ Post Office ________________ Date _____________________ EXPLANATION The foregoing (designation of pleading, motion, etc.) and its attachment were served on Atty. Mitch McDeere by registered mail instead of personal service as counsel for petitioner only has one messenger and personal service would have resulted in the motion not being filed on time to the detriment of petitioner. (Sgd.) JANG GEUN SUK Republic of the Philippines ) City of _______________ ) s.s. AFFIDAVIT I, JUAN DELA CRUZ, a messenger of Atty. Jang Geun Suk with office address at __________________, after being duly sworn, deposes and states: That on ______________________, I served a copy of the following pleadings/papers by registered mail in accordance with Section 10, Rule 13 of the Rules of Court: Nature of Pleading/Paper ________________________ ________________________
in Case No. _________________ entitled ____________________ by depositing a copy in the post office in a sealed envelope, plainly addressed to (name of party or his/her attorney) at _______________ with postage fully paid, as evidenced by Registry Receipt No. _____________________ attached and with instructions to the post master to return the mail to sender after ten (10) days if undelivered. TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on 13 April 2007, in the City of Manila, Philippines. (Sgd.) JUAN DELA CRUZ Affiant PLUS: Jurat K. Place, date, signature, address, Roll number, IBP receipt number, PTR number City of Manila, 13 April 2007. Atty. Mitch McDeere Counsel for the Defendant 2 The Firm, Laguna Street, Quezon City, Metro Manila Roll No. IBP OR No., date and place of issue PTR OR No., date and place of issue
L. Acknowledgment Republic of the Philippines City of Manila ) ) s.s.
BEFORE ME, this 13th day of April, 2007 in the City of Manila, Philippines, personally appeared ATTICUS FINCH, with [Valid Identification Document] (Drivers License No. N25-07-007777) issued by the [official agency] (Land Transportation Office) on 10 January 2007, known to me to be the same person who executed the foregoing instrument, and who acknowledged to me that the same is his free act and deed. IN WITNESS WHEREOF, I have set my hand and affixed my Notarial seal on the day, year and place written. (Sgd.) N. O. TARIO Notary Public Until __________________ PTR No. _______________ Issued at ______________ On ___________________ Doc. No. Page No. Book No. Series of 2007 NOTE: If the instrument consists of 2 or more pages, include the following after the 1st paragraph: This instrument, consisting of ___ pages, including the page on which this acknowledgment is written, has been signed on the left margin of each and every page thereof by ___________ and his witnesses (if any), and sealed with my Notarial seal. NOTE: If the instrument conveys 2 or more parcels of land, include the following after the 1st paragraph: This instrument relates to the sale (or mortgage) of ___ parcels of land, and consists of ___ pages including the page on which this acknowledgment is written, each and every page of which, on the left margin, having been signed by ______________ and his witnesses (if any), and sealed with my Notarial seal.
M. Notice of Appeal NOTICE OF APPEAL LEGAL FORMS AND WRITING JANEIT PAJILA 10
Defendant, ABC, by counsel, respectfully appeals to this Honorable Court the Decision of the lower court dated 13 April 2007, a copy of which he received on 26 April 2007. Quezon City, 2 May 2007. (Sgd.) MITCH MCDEERE Counsel for Defendant 2 The Firm Laguna Street, Quezon City
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II.
PLEADINGS AND OTHER LEGAL DOCUMENTS PROCEDURE A. Complaint (and other initiatory pleadings) 1. Complaint for ejectment with damages [1] Regional Trial Court National Capital Judicial Region METROPOLITAN TRIAL COURT Quezon City, Branch 33
IN
CIVIL
ALIS DI-YAN COMPANY, Plaintiff, - versus YOKO NGA, Defendant. x ----------------------------------- x COMPLAINT PLAINTIFF, by counsel, respectfully states that: [2] 1. Plaintiff is a foreign corporation organized and existing under the laws of France with business address at 111 Ocean Drive, Tuna Compound, Quezon City; Defendant is a Filipino, of legal age, single and currently resident of 112 Ocean Drive, Tuna Compound, Quezon City, where he may be served with summons and other pertinent processes. [3] 2. Plaintiff owns that property located at 112 Ocean Drive, Tuna Compound, Quezon City which it leased to defendant under the terms and conditions stated in the Contract of Lease dated 1 January 2005, which contract expires on 31 December 2006. A copy of the contract is attached as ANNEX A. 3. Upon expiration of the contract, plaintiff informed defendant of its intention not to renew the lease as it would use the property for its business expansion; plaintiff then asked defendant to vacate the premises. A copy of plaintiffs letter to defendant is attached as ANNEX B. [4] 4. Despite demand duly made and received, defendant has refused to vacate the premises and continues to occupy the property without plaintiffs consent. Resort to the Barangay conciliation system proved useless as defendant refused to appear before the Lupong Tagapamayapa. A Certification to File Action is attached as ANNEX C. 5. Defendants act of dispossession has caused plaintiff to suffer material injury because plaintiffs business expansion plans could not be implemented despite the arrival of machineries specifically leased for this purpose at the rental rate of US$500 per month. Defendants continued occupation of the premises has also forced plaintiff to sue and to incur legal expenses amounting to Fifty Thousand Pesos (P50,000.00). [5] WHEREFORE, plaintiff respectfully prays for judgment in its favor by ordering defendant to vacate the property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff the amount of US$3,500 representing rentals on the machineries for seven (7) months and Fifty Thousand Pesos (P50,000.00) for Attorneys fees. LEGAL FORMS AND WRITING JANEIT PAJILA 12 Civil Case No. 2222 For: Ejectment
Other just and equitable reliefs are also prayed for. [6] Quezon City; 13 April 2007. [7] (Sgd.) JUAN DELA CRUZ Counsel for Plaintiff [Address] PLUS: 1. [8] Verification and Certification against Forum Shopping 2. Jurat
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2. Complaint for sum of money [1] Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 101, Makati City ESTA PADORA, Plaintiff, - versus MANGGA GANTSO, Defendant. x -------------------------- x COMPLAINT PLAINTIFF, by counsel, respectfully states that: [2] 1. Plaintiff is a Filipino, of legal age, and resident of 6750 Forbes Park, Makati City; defendant is also a Filipino, of legal age and resident of 6752, Forbes Park, Makati City, where he may be served with summons and other processes. [3] 2. Sometime in January 2005 and over a period of six (6) months, defendant borrowed certain amounts from plaintiff. Defendant promised to pay these amounts on an installment basis monthly. These amounts now total Nine Hundred Thousand Pesos (P900,000.00). [4] 3. Despite repeated demands, both oral and written, defendant failed or has refused to pay any amount to plaintiff as no installment payment has even been made. A copy each of plaintiffs two (2) demand letters is attached as ANNEX A and B. 4. Resort to the Barangay Conciliation process proved fruitless as defendant failed to appear, despite notice on him to appear. Thus, a Certification to File Action, a copy of which is attached as ANNEX C, was issued by the Barangay Chairman. 5. Defendants obligation is due and demandable and plaintiff is entitled to the payment of the entire amount of Nine Hundred Thousand Pesos (P900,000.00) plus legal interest. 6. By reason of defendants unreasonable failure or refusal to pay his due and demandable obligation, plaintiff was forced to engage the services of counsel to vindicate his rights thereby committing himself to pay legal expenses amounting to Fifty Thousand Pesos (P50,000.00). [5] WHEREFORE, plaintiff respectfully prays for judgment in his favor through a Decision directing defendant to pay him NINE HUNDRED THOUSAND PESOS (P900,000.00), with legal interest, as ACTUAL DAMAGES and FIFTY THOUSAND PESOS (P50,000.00) as Attorneys Fees. Other just and equitable reliefs are also prayed for. [6] Quezon City for Makati; 13 April 2007. [7] (Sgd.) JUAN DELA CRUZ Counsel for Plaintiff LEGAL FORMS AND WRITING JANEIT PAJILA 14 Civil Case No. 000882 For: Sum of Money
[Address] PLUS: [8] Verification and Certification against Forum Shopping
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3. Complaint for Replevin
[1] Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 101, Makati City HURTS RENT-A-CAR, represented by AKIN NAYAN, Plaintiff, Civil Case No. 000088 - versus YOKO NGA, Defendant. x----------------------------------- x COMPLAINT Plaintiff, by counsel, respectfully states that: [2] 1. Plaintiff is the general manager of Hurts Rent-A-Car with offices at Makati City; defendant is a Tongan, temporarily residing at Bayview Hotel, Roxas Boulevard, Manila. [3] 2. Hurts Rent-A-Car is the registered owner of a Honda CRV with license plate number XLV-675, which defendant, on 3 March 2005, rented from plaintiff for a period of one (1) week. [4] 3. On 15 March 2005, plaintiff demanded from defendant the return of the car but defendant failed and refused to do so. 4. The car has not been taken for a tax assessment or a fine pursuant to law nor has it been seized on execution or attachment. Its present value is approximately Nine Hundred Thousand Pesos (P900,000.00). 5. Plaintiff is ready, willing and able to give bond in defendants name in double the value of the property for the return of the property to defendant should that be adjudged or for the payment of such sum that defendant may recover from plaintiff in this action. [5] WHEREFORE, plaintiff respectfully prays that the writ of replevin issue directing the Sheriff or any other authorized officer to take possession of the car and dispose of it in accordance with the Rules of Court and, after hearing, judgment be rendered declaring plaintiff to be lawfully entitled to the possession of the car and sentencing defendant to pay its value. [6] Quezon City for Makati City; 13 April 2007. [7] (Sgd.) MITCH MCDEERE Counsel for the Plaintiff [Address] PLUS: [8] Verification and Certification against Forum Shopping
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4. Complaint to set period of years for lease [1] Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 161, Pasig City NANG UUPA, Plaintiff, Civil Case No. 00111 - versus NAGPA PAUPA, Defendant. x ---------------------- x COMPLAINT PLAINTIFF, by counsel, respectfully states that: [2] 1. Plaintiff and Defendant are both Filipino citizens and of legal age; plaintiff resides at 1-A, Cruz Street, Pasig City while defendant resides at 2 Frisco Street, Pasig City, where he may be served with summons. [3] 2. On 1 January 2003, defendant leased to plaintiff the premises at 1-A Cruz Street, Pasig City for a monthly rental of One Thousand Pesos (P1,000.00) to be paid within the first five (5) days of each month. 3. There is no fixed period for the lease agreement except that rentals are to be paid by the month. [4] 4. Plaintiff has been paying the rentals as they fall due each month, without fail. However, on 4 April 2006, defendant gave notice to plaintiff that he is terminating the lease agreement by the end of August 2006. 5. Considering that the period of lease has not been fixed, this Honorable Court may fix a longer period of time as the lessee has been occupying the place for a period of three (3) years. A period of two (2) years is reasonable considering that the lessee has no place to transfer to immediately and that he has introduced substantial improvements to the premises amounting to Fifty Thousand Pesos (P50,000.00). [5] WHEREFORE, it is respectfully prayed that this Honorable Court fix a period of years for the lease between plaintiff and defendant. [6] Quezon City for Pasig City; 13 April 2007. [7] (Sgd.) JUAN DELA CRUZ Counsel for Plaintiff [Address] PLUS: [8] Verification and Certification against Forum Shopping
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B. Answer with affirmative defense and counterclaim 1. Answer with compulsory counterclaim [1] Regional Trial Court National Capital Judicial Region METROPOLITAN TRIAL COURT Branch 33, Quezon City ALIS DI-YAN COMPANY, Plaintiff, - versus YOKO NGA, Defendant. x ----------------------------------- x ANSWER (With COUNTERCLAIM) DEFENDANT, by counsel, respectfully states that: Admissions/Denials [2] personal plaintiffs Defenses 1. He admits the contents of paragraph 1 only insofar as his circumstances but specifically denies the contents insofar as personal circumstances for the reason stated in the Affirmative below. Civil Case No. 2222 For : Ejectment
2. He admits the contents of paragraph 2 only where it states that a Contract of Lease was entered into but specifically denies that the Contract reflects the true intent of the parties as explained in the Affirmative Defenses below. 3. He admits the contents of paragraph 3 only as to the fact that demand to vacate was made but specifically denies its contents as to the truth of the reasons for the letter for lack of knowledge sufficient to form a reasonable belief as to its truth or falseness.. 4. He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in the Affirmative Defenses below. Affirmative Defenses [4] 5. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that the Complaint should be dismissed because: 5.1. Plaintiff has no capacity to sue as it is a foreign corporation doing business in the Philippines without a license. 5.2. The Complaint fails to state a cause of action as the Contract of Lease (ANNEX A) was, before its expiration, superceded by a Deed of Absolute Sale whereby plaintiff sold to defendant the parcel of land in question, a copy of which is attached as ANNEX 1. Counterclaim LEGAL FORMS AND WRITING JANEIT PAJILA 18
[5] 6. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that he is entitled to relief arising from the filing of this malicious and baseless suit, as follows: 6.1. Moral Damages amounting to One Million Pesos (PHP1,000,000/00) because his name and reputation were besmirched by this malicious and baseless suit. 6.2. Attorneys Fees amounting to One Hundred Thousand Pesos (P100,000.00) because he was compelled to secure services of counsel to vindicate his legal rights. [6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by dismissing the Complaint and granting defendants counterclaim by awarding defendant: (a) One Million Pesos as Moral Damages, and (b) Fifty Thousand as Attorneys Fees. Other just and equitable reliefs are prayed for. [7] Quezon City; 13 April 2007. [8] (Sgd.) JUAN DELA CRUZ Counsel for Defendant [Address] [9 & 10] VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING I, YOKO NGA, of legal age, do hereby state that: I am the defendant in the case filed by Alis Di-yan Company for ejectment; in response, I have caused the preparation of this Answer with Counterclaim; I have read its contents and affirm that they are true and correct to the best of my own personal knowledge; I specifically deny the genuineness and due execution as well as the binding effect of the actionable documents pleaded by plaintiiff; I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the court within five (5) days from my notice. IN WITNESS WHEREOF, I have signed this instrument on 13 April 2007. (Sgd.) YOKO NGA PLUS: 1. Jurat (IF any document is denied) 2. [11] Proof of Service (personal service or service by registered mail)
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2. Answer with counterclaim and cross-claim See Form No. B-1, supra, but add-[5] Crossclaim 7. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that he is entitled to indemnity and/or contribution from co-defendant MANGGA GANTSO in the event that he is made liable to plaintiff because co-defendant MANGGA GANTSO acted as the duly authorized agent of plaintiff in the sale of the property and, acting as such, received consideration, in the form of the purchase price, from defendant. [6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by 1. dismissing the Complaint, and 2. granting defendants counterclaim by awarding defendant a. One Million Pesos (Php.1,000,000) as Moral Damages, and b. Fifty Thousand Pesos (Php.50,000) as Attorneys Fees. 3. In the event that defendant is made liable to plaintiff on the Complaint, he further prays that co-defendant MANGGA GANTSO be made liable to indemnify defendant in the same amount under the Crossclaim. [7] Quezon City; __________________. [8] (Sgd.) JUAN DELA CRUZ Counsel for Defendant [Address] PLUS: 1. [9 & 10] Verification and Certification against Forum Shopping 2. Jurat (IF document is denied) 3. [11] Proof of Service (personal service or service by registered mail)
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C. Pre-trial Brief Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 90, Quezon City LAKISA LAYAW, Plaintiff, Civil Case No. 97-31312 - versus LAKISA HIRAP, Defendant. x ------------------------------------- x PRE-TRIAL BRIEF DEFENDANT, by counsel, respectfully submits her Pre-Trial Brief, as follows: I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT 1.1. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of openness from plaintiff, defendant is open to the possibility of amicably settling this dispute. [1 & 2] 1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, defendant respectfully submits that the desired terms of any amicable settlement would involve, first, a clarification of the actual extent of any obligation due and owing to plaintiff inasmuch as there is nothing to indicate defendants obligations to plaintiff and, second, a schedule of payments. II. BRIEF STATEMENT OF CLAIMS AND DEFENSES 2.1. Plaintiff seeks principally to recover the amount of Twenty Two Million Eight Hundred Eighteen Thousand Nine Hundred Forty Eight Pesos and Thirty Centavos (PHP22,818,948.30) with interest at twelve percent (12%) arising allegedly from unpaid orders delivered to defendant variously in 1989. 2.2. Defendant resists plaintiffs claims based on a failure to state a cause of action because of : 2.2.1. Plaintiffs lack of personality to sue and, therefore, not being the real party in interest under Rule 3, section 2 of the 1997 Rules of Civil Procedure; 2.2.2. Extinguishment of the alleged claim made by the entity Regency Furniture. 2.3. Defendant also interposed a compulsory counterclaim for Two Million Pesos (PHP2,000,000.00) for moral damages and Two Million Pesos (PHP2,000,000.00) for exemplary damages and One Hundred Thousand Pesos (PHP100,000.00) as attorneys fees. LEGAL FORMS AND WRITING JANEIT PAJILA 21
III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES [3] 3.1. Defendant admits only those facts stated in her Answer, i.e., her personal circumstances, receipt of the demand letter dated January 5, 1997 and her reply to the demand letter. 3.2. Subject to a concrete proposal for stipulation of additional facts from plaintiff during pre-trial or even thereafter, defendant admits no other facts stated in the Complaint. IV. ISSUES TO BE TRIED [4] 4.1. Defendant submits that the following issues put forward by plaintiff are subject to proof: 4.1.1. Plaintiffs personality to seek legal relief; 4.1.2. Plaintiffs entitlement to the amount claimed; 4.2. Defendant submits that the following issues she put forward are subject to proof: 4.2.1. Plaintiffs bad faith in filing this suit; 4.2.2. Defendants entitlement to the claims made in her Compulsory Counterclaim as a result of plaintiffs bad faith; V. EVIDENCE [6] 5.1. Defendant intends to present the following witnesses: 5.1.1. Defendant herself, who will testify on the true circumstances leading to the filing of this suit against her; 5.1.2. An employee of Topless Enterprises with personal knowledge as to the true circumstances behind the alleged obligations due and owing in favor of plaintiff. [5] 5.2. Defendant reserves the right to present any and all documentary evidence which shall become relevant to rebut plaintiffs claims in the course of trial as well as any other witnesses whose testimony will become relevant to belie plaintiffs witnesses, if necessary. VI. RESORT TO DISCOVERY [7] 6.1. Considering the relatively simple issues presented, defendant does not intend to avail of discovery at this time. 6.2. Subject, however, to a concrete and reasonable request for discovery from plaintiff, defendant reserves the right to resort to discovery before trial. RESPECTFULLY SUBMITTED. Quezon City; 13 April 2007. (Sgd.) JUAN DELA CRUZ Counsel for Defendant [Address] LEGAL FORMS AND WRITING JANEIT PAJILA 22
Copy furnished: Atty. MA BOLA Counsel for Plaintiff
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D. Motions 1. Motion to dismiss (with request for and notice of hearing) Republic of the Philippines National Capital Judicial Region METROPOLITAN TRIAL COURT Branch 39, Quezon City LAKI ASSET COMPANY, Plaintiff, - versus DAMI UTANG CORPORATION, Defendant. x --------------------------------------- x MOTION TO DISMISS DEFENDANT, by counsel, respectfully moves to dismiss the Complaint on the ground that the Complaint fails to state a cause of action as [1] THE OBLIGATION SOUGHT TO BE ENFORCED BY PLAINTIFF IS NOT YET DUE AND DEMANDABLE, as shown by the following: [2] 1. Allegedly, plaintiff has failed to reach the quotas agreed upon under the Marketing Agreement dated 1 January 2006; defendant now seeks to collect the sum of TWO HUNDRED THOUSAND PESOS (P200,000.00), representing the balance of the proceeds due plaintiff under the said Marketing Agreement. 2. The contract is for one (1) year and defendant is given that same period to reach the quota specified therein; the period of one (1) year has not expired. Consequently, plaintiffs claim is premature as there is yet no breach of the Marketing Agreement until the period expires and the quota is not attained. For this reason, plaintiffs Complaint states no cause of action and must be dismissed. [3] WHEREFORE, defendant respectfully prays that the Complaint be DISMISSED for failure to state a cause of action. Other just and equitable reliefs are also prayed for. Quezon City; 13 April 2007. (Sgd.) JUAN DELA CRUZ Counsel for Defendant [Address] [4] REQUEST FOR & NOTICE OF HEARING THE BRANCH CLERK OF COURT Metropolitan Trial Court Branch 39, Quezon City Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipt hereof and kindly include the same in the courts calendar for hearing on Friday, 27 April 2007 at 8:30 in the morning. LEGAL FORMS AND WRITING JANEIT PAJILA 24 Civil Case No. 3333 For: Sum of Money
ATTICUS FINCH 1 MockingBird Street Timog Avenue, Quezon City Please take notice that counsel has requested to be heard on Friday, 27 April 2007 at 8:30 in the morning. (Sgd.) JUAN DELA CRUZ Counsel for Defendant 2 The Firm Laguna Street, Quezon City PLUS: [5] Proof of Service
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2. Motion for leave of court to file pleading explanation for service by registered mail) Republic of the Philippines SUPREME COURT Manila LAKI UTANG, Petitioner, G.R. No. ________ - versus DAMI LUPA, Respondent. x ------------------------- x MOTION FOR LEAVE OF COURT TO FILE REPLY WITH MOTION TO ADMIT ATTACHED REPLY PETITIONER, by counsel, respectfully states that:
(with
[1] 1. Petitioner received a copy of respondents Comment to his petition on 3 January 2006. The Comment contains several allegations of fact and misinterpretations of the record that may mislead the court and need to be corrected. For this reason, petitioner intends to file a Reply. [2] 2. Under existing rules, a Reply can no longer be filed as a matter of course. Consequently, petitioner seeks leave of this Court to file the said Reply, a copy of which, pursuant to the 1997 Rules on Civil Procedure, is attached to this motion. [3] WHEREFORE, petitioner respectfully prays that he be granted leave of court to file a Reply and for the Court to admit the attached Reply. Quezon City for Manila; 5 January 2007. (Sgd.) JUAN DELA CRUZ Counsel for the Petitioner [Address] PLUS: 1. [4] Request for and Notice of Hearing 2. [5] Explanation for service by registered mail
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3. Motion for judgment on the pleadings Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 39, Quezon City LAKISA LAYAW, Plaintiff, - versus LAKISA HIRAP, Defendant. x ------------------------- x MOTION FOR JUDGMENT ON THE PLEADINGS Plaintiiff, by counsel, respectfully states that: 1. On 6 July 2005, plaintiff sued defendant for a sum of money in the amount of Nine Hundred Thousand Pesos (P900,000.00). [1 & 2] 2. In his Answer, defendant admitted the obligation and merely stated that he was asking to be given an extension of time to pay his obligation but that plaintiff instead filed this Complaint. The Answer admits the material allegations of the Complaint and has not tendered any issue; consequently, a judgment on the pleadings may be rendered. [3] WHEREFORE, plaintiff respectfully prays a judgment on the pleadings be rendered in his favor. Quezon City; 13 April 2007. (Sgd.) JUAN DELA CRUZ Counsel for the Plaintiff [Address] PLUS: 1. [4] Request for and Notice of Hearing 2. [5] Proof of Service Civil Case No. 97-31312 For: Sum of Money
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4. Ex parte motion to set for pre-trial Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 39, Quezon City LAKISA LAYAW, Plaintiff, Civil Case No. 97-31312 - versus LAKISA HIRAP, Defendant. x ------------------------- x EX PARTE MOTION TO SET CASE FOR PRE-TRIAL PLAINTIFF, by counsel, respectfully states that: [1] 1. On 1 June 2006, defendant submitted her Answer to the Complaint, thereby causing the issues to be joined. [2] 2. This case is, thus, ripe for pre-trial. Complying with Rule 18, Section 1 of the 1997 Rules on Civil Procedure, plaintiff respectfully asks that this case be set for pre-trial. [3] WHEREFORE, plaintiff respectfully prays that this case be set for pre-trial on a date convenient to this Honorable Court. Quezon City; 13 April 2007. (Sgd.) JUAN DELA CRUZ Counsel for the Plaintiff [Address] [4] REQUEST AND NOTICE THE BRANCH CLERK OF COURT Regional Trial Court Branch 39, Quezon City Please submit the foregoing to the Court for its approval immediately upon receipt hereof. Copy furnished: MA. SSKA DERY 2 The Firm Laguna Street, Quezon City Please take notice that counsel has requested for the approval of the foregoing motion immediately upon receipt. (Sgd.) JUAN DELA CRUZ Counsel for the Plaintiff PLUS: [5] Proof of Service LEGAL FORMS AND WRITING JANEIT PAJILA 28
5. Motion for postponement Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 39, Quezon City DILA TORY, Plaintiff, Civil Case No. 008877 - versus PASEN SYOSO, Defendant. x ------------------------- x MOTION FOR POSTPONEMENT PLAINTIFF, by counsel, respectfully states that: 1. This case is set for trial on 5 May 2007 at 8:30 in the morning. [1] 2. On said date and time, the undersigned counsel will be unable to appear before this Honorable Court as he has also been directed to appear on this date and time before the Regional Trial Court of Makati City, Branch 139 for People of the Philippines v. Bil Moko, Criminal Case No. 009988, where he is scheduled to terminate cross-examination of the prosecutions expert witness who will be available only on said date and time. [2] 3. Without impugning the importance of these proceedings, plaintiff respectfully submits that his attendance in the Makati case becomes indispensable; otherwise, the accused in said case would be deprived of the opportunity to confront and cross-examine a vital witness against her. 4. This motion is prompted only by the foregoing reason and not for delay. [3] WHEREFORE, plaintiff respectfully prays that the trial scheduled on 5 May 2007 be POSTPONED to another date convenient to this Honorable Court. Quezon City; 13 April 2007. (Sgd.) JUAN DELA CRUZ Counsel for the Plaintiff [Address] PLUS: 1. [4] Request for and Notice of Hearing 2. [5] Proof of Service
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6. Motion for extension of time Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 39, Quezon City DILA TORY, Plaintiff, Civil Case No. 008877 - versus PASEN SYOSO, Defendant. x ------------------------------------ x MOTION FOR EXTENSION OF TIME PLAINTIFF, by counsel, respectfully states that: 1. He has been directed to file a Reply to defendants Answer by 10 May 2007. [1 & 2] 2. The undersigned counsel, however, anticipates his inability to file the Reply on or before the said due date because of the tremendous pressure of other equally urgent professional work requiring the preparation of pleadings and almost daily trial appearances before the various courts within and outside Metro Manila. For this reason, the undersigned is constrained to ask for an additional fifteen (15) days from 10 May 2007, or until 25 May 2007, within which to submit plaintiffs Reply. 3. This motion is not intended for delay but is motivated only by the foregoing reason. [3] WHEREFORE, plaintiff respectfully prays that he be granted an additional fifteen (15) days from 10 May 2007, or until 25 May 2007, within which to submit plaintiffs Reply. Quezon City; 13 April 2007. (Sgd.) JUAN DELA CRUZ Counsel for Plaintiff [Address] PLUS: 1. [4] Request for and Notice of Hearing 2. [5] Proof of Service
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7. Motion to declare defendant in default Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 39, Quezon City ANAKIN SKYWALKER, Plaintiff, Civil Case No. 000909 - versus PADME AMIDALA, Defendant. x ---------------------------------- x MOTION TO DECLARE DEFENDANT IN DEFAULT PLAINTIFF, by counsel, respectfully states that: 1. Plaintiff filed this Complaint against defendant on 1 March 2007; summons were served on defendant on 20 March 2007, as indicated by the Sheriffs Return of even date, a copy of which is attached as ANNEX A. [1 & 2] 2. Defendants reglementary period to file Answer ended on 5 April 2007; no motion for extension of such period was filed nor was any granted motu proprio by this Honorable Court. Despite the lapse of time, defendant has failed to answer the Complaint against her; plaintiff is entitled to a declaration of default and the right to present evidence ex parte against defendant. [3] WHEREFORE, plaintiff respectfully prays that defendant be declared in default and that plaintiff be allowed to present evidence ex parte before the Clerk of Court acting as Commissioner. Quezon City; 7 April 2007. (Sgd.) JANG GEUN SUK Counsel for Plaintiff [Address] PLUS: 1. [4] Request for and Notice of Hearing 2. [5] Proof of Service
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8. Motion to lift order of default Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 39, Quezon City ANAKIN SKYWALKER, Plaintiff, Civil Case No. 000909 - versus PADME AMIDALA, Defendant. x ---------------------------------- x MOTION TO LIFT ORDER OF DEFAULT DEFENDANT, by counsel, respectfully states that: 1. Five (5) days after service of summons and receipt of Complaint, she filed a Motion to Dismiss on the ground that plaintiffs claim is outside the jurisdictional amount of this Honorable Court under the new Expanded Jurisdiction Act and that the Complaint should properly be filed and tried before the Metropolitan Trial Court. The Motion to Dismiss, which was received by plaintiffs counsel on 25 March 2007, was set for hearing on 10 April 2007, as indicated on the Request for and Notice of Hearing. 2. Without waiting for the hearing on the Motion to Dismiss, this Honorable Court declared defendant in default on 7 April 2007 based solely on plaintiffs Motion, filed two (2) days after the supposed lapse of the reglementary period, which, however, was tolled by the filing of a Motion to Dismiss. [1 & 2] 3. Under the circumstances, the order of default is premature and without legal and factual basis as: (a) defendant has not failed to file an Answer within the reglementary period, (b) the reglementary period has not lapsed because of the filing of the Motion to Dismiss within the period, and (c) the pendency of the Motion to Dismiss is prejudicial to the issue of defendants default. Consequently, the order of default should be lifted. [3] WHEREFORE, defendant respectfully prays that the Order of Default against her be LIFTED and that this Honorable Court resolve her Motion to Dismiss. Quezon City; 8 April 2007. (Sgd.) JANG GEUN SUK Counsel for Defendant [Address] PLUS: 1. [4] Request for and Notice of Hearing 2. [5] Proof of Service
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E. Special Civil Actions 1. Certiorari (with Injunction and/or TRO), Prohibition and Mandamus a. Certiorari (Caption and Title) PETITION PETITIONER, by counsel, respectfully states that: [2] 1. (State capacity of petitioner and respondent/s, citizenship, status and residence.) 2. (State the date on which copy of Decision was received and/or Resolution on Motion for Reconsideration, if filed, denied.) [3] 3. (State briefly the facts and circumstances under which the respondent/s exercising judicial functions acted without, or in excess of, jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction.) 4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right, [b] which is threatened by an act or omission of respondents, [c] and that, unless restrained, will cause grave and irreparable injury to petitioner. Allege also that petitioner is ready to post a bond in an amount to be fixed by the Court conditioned upon the payment to respondents of any damages suffered arising from the writ should petitioner be found not to be entitled to the writ.) 5. There is no appeal from such decision or any plain or adequate speedy remedy in the ordinary course of law, except this petition. 6. A certified true copy (or duplicate original copy) of the Decision under review is attached as ANNEX A. [4] WHEREFORE, it is respectfully prayed that a writ of certiorari be issued ANNULLING the (act, decision or finding) for being in grave abuse of discretion; in the interim, that a preliminary injunction and/or temporary restraining order issue to ENJOIN any further proceedings by respondents. Quezon City; [1] 7 July 2007. (Sgd.) JANG GEUN SUK Counsel for the Petitioner [Address] PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates * Rule 65, section 6, par. 2 expressly makes Rule 56, section 2 applicable to petitions for certiorari, mandamus and prohibition. Rule 56, section 2 provides that Rules 46, 48, 49, 51, 52 and 56 apply. Rule 46, section 3 provides that the petition must be accompanied not only by a certified true copy of the judgment or order questioned but also by such material portions of the record as are referred to therein, and other documents, relevant or pertinent thereto. LEGAL FORMS AND WRITING JANEIT PAJILA 33
b. Prohibition (Caption and Title) PETITION PETITIONER, by counsel, respectfully states that: [2] 1. (State capacity of petitioner and respondent/s, citizenship, status and residence.) 2. (If applicable, state the date on which copy of Decision was received and/or Resolution on Motion for Reconsideration, if filed, denied.) [3] 3. (State briefly the facts and circumstances under which the respondent/s whether exercising judicial or ministerial functions acted without, or in excess of, jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction.) 4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right, [b] which is threatened by an act or omission of respondents, [c] and that, unless restrained, will cause grave and irreparable injury to petitioner. Allege also that petitioner is ready to post a bond in an amount to be fixed by the Court conditioned upon the payment to respondents of any damages suffered arising from the writ should petitioner be found not to be entitled to the writ.) 5. There is no appeal from such decision or any plain or adequate speedy remedy in the ordinary course of law, except this petition. 6. A certified true copy (or duplicate original copy) of the Decision under review is attached as ANNEX A. [4] WHEREFORE, it is respectfully prayed that an injunction or TRO be issued directing respondent/s to desist and refrain from further proceedings in the premises, and that after due notice and hearing, a writ of prohibition issue directing respondent/s to desist absolute and perpetually from further proceedings (in the said action or matter). Quezon City; [1] 7 July 2007. (Sgd.) JANG GEUN SUK Counsel for the Petitioner [Address] PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates
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c. Mandamus (Caption and title) PETITION PETITIONER, by counsel, respectfully states that: [2] 1. addresses.) (State the capacity of petitioner and respondent/s and their
[3] 2. (State the facts and circumstances whereby respondent/s unlawfully neglected the performance of an act which the law specifically enjoins as a duty resulting from an office, trust or station, or unlawfully excluded the petitioner from the enjoyment of a right or office to which the petitioner is entitled.) 3. Petitioner has no appeal from such decision or any plain or adequate speedy remedy in the ordinary course of law, except this petition. [4] WHEREFORE, it is respectfully prayed that, after due notice and hearing, a writ of mandamus issue commanding respondent/s forthwith to: (state the act required to be done), with costs against them. Quezon City; [1] 7 July 2007. (Sgd.) JANG GEUN SUK Counsel for the Petitioner [Address] PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates
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2. Quo warranto, Interpleader, Quieting of Title, and Declaratory Relief a. Complaint in Interpleader NALI LITO, Plaintiff, SCA No. ____________ - versus UMA AGAW and INA AGAWAN, Defendants. x --------------------------------------- x COMPLAINT PLAINTIFF, by counsel, respectfully states that: [1] 1. Plaintiff and defendants are all of legal age; plaintiff resides at ________________ while defendants reside at _______________ and _______________, respectively, where they may be served with pertinent notices. [2] 2. On 1 June 2007, plaintiff found a Gold Rolex Oyster watch, without knowing who its true owner is. The watch is now in plaintiffs possession. On or about 5 June 1999, defendants made similar representations to plaintiff as to ownership of the watch. 3. Plaintiff, who claims no interest in the watch, cannot determine the conflicting claims of defendants and thus seeks to compel defendants to interplead and litigate their several claims between themselves. [3] WHEREFORE, it is respectfully prayed that this Honorable Court issue an order directing defendants to interplead with one another to determine their respective rights and claims and to allow plaintiff to recover his expenses for safekeeping and the costs of this suit, as first lien upon the subject matter of this action. [4] Quezon City; 7 July 2007. [5] (Sgd.) JANG GEUN SUK Counsel for Plaintiff [Address] PLUS: [6] Verification and Certification against Forum Shopping
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b. Action to Quiet (or Remove Cloud on) Title IN RE: QUIETING OF TITLE OVER THE PROPERTY COVERED BY TCT NO. 12345 SCA No. 1357 NALI LITO, as Special Administrator of the Estate of the deceased DAMI LUPA, Petitioner, UMA AGAW, Respondent. x ------------------------------------------------ x PETITION PETITIONER, by counsel, respectfully states that: [1] 1. He is the special administrator of the estate of the deceased DAMI LUPA. [2] 2. The deceased, during his lifetime, executed a Deed of Sale of real estate in favor of the respondent dated _____________, and particularly described, as follows: (Describe property) covered by TCT No. 12345 in the Register of Deeds of Makati. The same is annotated on the title as the only encumbrance thereon. 3. The sale is fictitious and the Deed of Sale is forged, as shown by a judgment in Civil Case No. 2468, a copy of which is attached. 4. The existence of the alleged Deed of Sale is prejudicial and injurious to the title of the lawful heirs of the deceased upon the said property. Equity demands that the said Deed of Sale be surrendered and cancelled, as it is a cloud upon the title of the deceased and his lawful heirs. [3] WHEREFORE, petitioner respectfully prays that this Honorable Court render judgment in the Estates favor by ordering the Deed of Sale surrendered and cancelled and the cloud on Title No. 12345 removed. [4] Quezon City; 7 July 2007. [5] (Sgd.) JANG GEUN SUK Counsel for Petitioner [Address] PLUS: [6] Verification and Certification against Forum Shopping
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c. Action for Declaratory Relief INA API, Plaintiff, - versus THE CITY COUNCIL OF QUEZON CITY, Defendant. x --------------------------- x COMPLAINT PLAINTIFF, by counsel, respectfully states that: [1] 1. Plaintiff is a Filipino citizen of legal age and resident of Quezon City; defendant is the City Council of Quezon City, the duly-constituted legislative body for Quezon City, its members may be served with notices at Quezon City Hall. [2] 2. On 1 August 1999, defendant City Council passed Ordinance No. 2345 making it unlawful to operate cellular phone units while inside a moving vehicle and penalizing any violations with a fine of P1,000.00 for each offense in addition to impounding of the cellular phone unit. The relevant portions of the Ordinance are, as follows: (Quote the relevant portions) 3. The above-quoted portion is ambiguous because it leaves unfettered discretion to the authorities to stop even urgent and important calls which may be made only while the person is in transit. It fails to consider that, due to the worsening traffic conditions in Metro Manila, majority of business is conducted in transit and over cellular phones. Plaintiff is a lawyer who frequently has to dictate important pleadings over the phone while in transit due to the worsening traffic condition. The Ordinance appears to bar his doing so but plaintiff is unaware of the limits of permissible action under the Ordinance. 4. Unless declaratory relief is granted, plaintiff will suffer grave and irreparable injury because he is unsure of the instances when he may lawfully use his cellular phone while in a moving vehicle and when such use may lead to confiscation and a fine. [3] WHEREFORE, plaintiff respectfully prays that this Honorable Court grant declaratory relief and declare plaintiffs rights and duties under the Ordinance. [4] Quezon City; 7 July 2007. [5] (Sgd.) STRAWBERRY ARMADILLO Counsel for Plaintiff [Address] PLUS: [6] Verification and Certification against Forum Shopping d. Quo Warranto (Caption and title) LEGAL FORMS AND WRITING JANEIT PAJILA 38 Civil Case No. 2468
COMPLAINT PLAINTIFF, by counsel, respectfully states that: [1] 1. (State the capacity and address of both plaintiff and defendant.) [2] 2. (State fully and clearly the facts and circumstances showing that defendant is unlawfully occupying a public office and that plaintiff is entitled to hold the same office.) 3. (State that plaintiff has demanded that defendant vacate said office and deliver it to plaintiff but that defendant has unlawfully refused to do so.) [3] WHEREFORE, plaintiff respectfully prays that a writ of quo warranto issue ousting and excluding defendant from occupying the office of ____________ and declare that plaintiff is entitled to the said office and that he be placed forthwith in possession thereof. [4] Quezon City; 7 July 2007. [5] (Sgd.)STRAWBERRY ARMADILLO Counsel for the Plaintiff [Address] PLUS: [6] Verification and Certification against Forum Shopping
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III.
PLEADINGS AND OTHER LEGAL FORMS IN CRIMINAL PROCEDURE A. Complaint-Affidavit and Counter-Affidavit 1. Complaint-Affidavit ) ) s.s.
Republic of the Philippines City of Makati
COMPLAINT-AFFIDAVIT [1] I, MA SELAN, of legal age, Filipino, with assistance of counsel, and [2] resident of 4 Privet Drive, Triple X Village, Makati, do hereby state under oath that: 1. I am a member of the Triple X Village Homeowners Association (Association) and was formerly a Director and Corporate Secretary of the Association. [3] 2. I accuse and hereby charge MR. MA INGAY, residing at 5 Privet Drive, Triple X Village, Makati, of violating Article 358 of the Revised Penal Code (Slander and Oral Defamation), committed against me when he publicly, maliciously and deliberately uttered defamatory remarks against me during the Board Meeting of the Association on 27 January 2007. This is attested to by the following exchange that transpired between Mr. Ingay and the other members of the Board in attendance: (Quote Exchange) Attached as ANNEX A is a copy of the official transcript of the meeting. 3. Prior resort to the Barangay conciliation system proved fruitless as Mr. Ingay did not retract his remarks. Consequently, a Certification to File Action was issued by the Barangay Chairperson, a copy of which is attached as ANNEX B. 4. There is no other person named Ma Selan residing at Triple X Village nor is there any other person named Ma Selan who has acted as Board Member of the Association. Consequently, Mr. Ingays public and defamatory utterance was clearly a reference to me and to no other. 5. Mr. Ma Ingays remarks, calling me a swindler twice over, uttered in a public meeting are clearly insulting and defamatory as they malign me and attribute to me a criminal act, nature and predisposition. There is, moreover, no doubt that Mr. Ingays use of the word swindled was deliberate as his explanation and clarification a few utterances thereafter would show. Mr. Ingays remarks are also very serious as they cast aspersions on my reputation, character and very person before my peers and fellow homeowners. 6. Mr. Ingays remarks have injured my name, reputation and character before my neighbors and peers. While my name, reputation and character are incapable of pecuniary estimation as these are the result of a lifetimes effort to build a name, reputation and character that my children and their children can be proud to bear, Mr. Ingay cannot be allowed to simply go scot-free without bearing the consequences of his acts. For this reason, I am also holding Mr. Ma Ingay liable civilly for defaming me in the amount of One Million Pesos (P1,000,000.00) in nominal damages, Five Hundred Thousand Pesos (P500,000.00) in moral LEGAL FORMS AND WRITING JANEIT PAJILA 40
damages and Five Hundred Thousand Pesos (P500,000.00) in exemplary damages. TO THE TRUTH OF THE FOREGOING, I have signed this ComplaintAffidavit on 13 April 2007. [4] (Sgd.) MA SELAN Complainant-Affiant [5] SUBSCRIBED AND SWORN TO BEFORE ME this 13th day of April 2007. (Sgd.) Investigating Prosecutor [6] CERTIFICATION I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIED THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT. (Sgd.) Investigating Prosecutor
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2. Counter-Affidavit Republic of the Philippines ) City of Makati ) s.s. COUNTER-AFFIDAVIT Re: I.S. No. 1613 [1] I, MA LABO, of legal age, with assistance of counsel, do hereby state under oath that: 1. I am the Chief of Staff of the Mayor of Quezon City, and have been occupying said post since his election to the post in 1998. In said capacity, I am in charge of coordinating the day-to-day affairs and activities of his Office. [2] 2. I recently learned that I have been made a respondent in I.S. No. 1613, a charge for estafa, filed by a certain MA GULANG on 19 January 2007 before the Office of the City Prosecutor for Quezon City. 3. The charge is based on a supposedly unpaid account for the purchase of seven (7) Nextel phone units by a Mr. MANGGA GANTSO of the Quezon City Rescue and Environmental Distress Unit, which made the Mayor their Honorary Chairman with no direct functions; he has been supporting their activities financially with voluntary contributions. [3] 4. There is no truth to the allegations in MA GULANGs complaint. There is no factual nor legal basis to charge me with estafa. The Complaint must be dismissed. To rebut and contradict MA GULANGs malicious lies, I set forth the true circumstances leading to the transaction below: 4.1. Sometime last year, Ms. Gulang called the office of the Mayor, looking for him; I informed her that he was not around. I took a message from her saying that she was a friend of the Mayor and that she was selling Nextel units and if we wanted to buy units from her. I informed her that both the Mayor and I had our units already; she then told me if the Mayor could refer her to prospective clients. When the Mayor arrived, I relayed the message to him. 4.2. Quite coincidentally, Mr. Gantso had called the Mayor asking if he could assist in securing Nextel units. The Mayor asked me to call Ms. Gulang. Mr. Gantso and Ms. Gulang were able to meet, as a result. 4.3. On that day, Ms. Gulang brought the units to the Mayors Office; she met with Mr. Gantso inside the Mayors office. They transacted business inside the Mayors Office and only passed by my office on their way out. 4.4. Some time after that, Ms. Gulang phoned me and told me that Mr. Gantso had not paid her the amount of P11,000.00 for the units. Somewhat embarrassed by this, I called Mr. Gantso and told him to pay Ms. Gulang; he assured me that he would pay her but that he just needed to collect money from the rest of the group. 4.5. After persistent calls from Ms. Gulang telling me that Mr. Gantso had not yet paid, I gave her the telephone number of LEGAL FORMS AND WRITING JANEIT PAJILA 42
Gantso so that she could just call him directly. But even then, I would still get calls from Ms. Gulang; and when she started to get angry over the telephone, I set up an appointment for Mr. Gantso to meet with her at the Office. 4.6. Thereafter, I would still receive phone calls telling me that Mr. Gantso had yet to pay; I would follow up with Mr. Gantso but he simply gave me this promise that he would pay. 5. It is utterly inexplicable that Ms. Gulang would hold me liable for estafa when all that I did was to refer Ms. Gulang to Mr. Gantso; to a certain extent, I even exerted my best efforts to see that Ms. Gulang was paid due simply to my great embarrassment at the prospect of being accused of referring a person who does not know how to pay for an obligation. 6. For this reason, it is certainly incomprehensible that I should stand accused of estafa by Ms. Gulang. I performed no act of deceit or fraud against her in ordering the units. I performed NO ACT that even remotely resembles ANY of the acts punished under Article 315. If at all, any cause of action is PURELY CIVIL in nature and that liability does not pertain to my personal account in the absence of a showing that I benefited from the Nextel units (which Ms. Gulang does not even allege and cannot prove); any civil liability should pertain to the Office of the Mayor, not to me. 7. Considering the foregoing, I respectfully submit that there is no prima facie basis to conclude that the crime of Estafa or that any crime at all has been committed. The Complaint against me should, thus, be dismissed. TO THE TRUTH OF THE FOREGOING, I have signed this Statement on 3 February 2007. [4] (Sgd.) MA LABO Affiant PLUS: 1. [5] Verification 2. [6] Certification
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B. Information and Complaint 1. Information (with Certificate of Preliminary Investigation or Inquest) a. Bigamy (Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, - versus PI KUTIN, Accused. x ---------------------------------------- x INFORMATION The Undersigned accuses PI KUTIN of the crime of Bigamy, committed as follows: That on or about 3 July 2006, in the City of Quezon and within the jurisdiction of this Honorable Court, the said accused, being then legally married to BIL MOKO, and without such marriage having been legally dissolved and thus valid and existing, did wilfully, unlawfully and felicitously contract a second marriage with ASA WA in the City of Quezon. CONTRARY TO LAW. MA. ECHOSERA Assistant City Prosecutor CERTIFICATE OF PRELIMINARY INVESTIGATION I hereby certify that a preliminary investigation in this case was conducted by me in accordance with law; that I examined the Complainant and her witnesses; that there is reasonable ground to believe that the offense charged had been committed and that the accused is probably guilty thereof; that the accused was informed of the Complaint and of the evidence submitted against him and was given the opportunity to submit controverting evidence; and that the filing of this Information is with the prior authority and approval of the City Prosecutor. MA. ECHOSERA Assistant City Prosecutor Criminal Case No. 00567 For: Bigamy
SUBSCRIBED AND SWORN TO BEFORE ME this 9th day of August 2006 in Quezon City. MA. KURA COTE City Prosecutor Bail Recommended: P10,000.00 LEGAL FORMS AND WRITING JANEIT PAJILA 44
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b. Theft (Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, - versus KLEPTO MANIAC, Accused. x --------------------------------------------- x INFORMATION The Undersigned accuses KLEPTO MANIAC of the crime of Theft, committed as follows: That on or about 3 July 2006, in the City of Quezon and within the jurisdiction of this Honorable Court, the said accused, then 11 years old and without any known address, willfully, unlawfully and feloniously, with intent to gain, without force upon things or violence upon persons and without the knowledge and consent of MA ALAHAS, the owner, took a gold necklace studded with diamonds valued at One Hundred Thousand Pesos (P100,000.00) to the prejudice of said owner. CONTRARY TO LAW. MA. ECHOSERA Assistant City Prosecutor CERTIFICATION AS TO CONDUCT OF INQUEST I hereby certify that the accused was lawfully arrested without a warrant and that, upon being informed of his rights, refused to waive the provisions of Article 125 of the Revised Penal Code and, for this reason, an Inquest was conducted; that based on the complaint and the evidence presented before me without any countervailing evidence submitted by the accused, despite opportunity to do so, there is reasonable ground to believe that the accused has committed the crime of theft and should, thus, be held for said crime; that this Information was with the prior authority of the City Prosecutor. MA. ECHOSERA Assistant City Prosecutor SUBSCRIBED AND SWORN TO BEFORE ME this 9th of August 2006 in Quezon City. MA. KURA COTE City Prosecutor Criminal Case No. 00567 For: Theft
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c. Attempted Rape (Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, - versus MAEL SIA, Accused. x --------------------------------------------- x INFORMATION The undersigned accuses MAEL SIA of attempted rape committed as follows: That on or about 6 June 2005, in Quezon City, the accused did then and there wilfully, unlawfully and feloniously enter the house of SEK SEE, a married woman, and finding that her husband was away, with lewd designs and by means of force and intimidation, commenced directly by overt acts to commit the crime of attempted rape upon her person, to wit: while SEK SEE was cooking lunch, the accused seized her from behind, threw her to the floor, raised her skirt, pulled down her underwear and attempted to penetrate her with his sexual organ and would have succeeded in doing so had not her loud protests and vigorous resistance brought her neighbors to her assistance, causing the accused to flee from the premises without completing all the acts of execution. CONTRARY TO LAW with the aggravating circumstance of dwelling. MA. ECHOSERA Assistant City Prosecutor PLUS: Certification of Preliminary Investigation or Inquest Criminal Case No. 00567 For: Attempted Rape
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d. Frustrated Murder (Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, - versus MAMA MATAY, Accused. x --------------------------------------------- x INFORMATION The undersigned committed as follows: accuses MAMA MATAY of frustrated murder Criminal Case No. 00567 For: Frustrated Murder
That on or about 21 August 2006, in Quezon City, the accused did then and there take a loaded .44 Caliber Magnum pistol, directly aim the same firearm at the person of VIC TIMA, an invalid septuagenarian, and, at point blank range, with intent to kill, discharge the firearm twice against the person of said Vic Tima, inflicting on said Vic Tima two (2) wounds on his chest and stomach, which wounds would have been fatal had not timely medical assistance been rendered to the said Vic Tima. CONTRARY TO LAW with the aggravating circumstances of Evident Premeditation, use of firearm and disregard of age. (Sgd.) MA. ECHOSERA Assistant City Prosecutor PLUS: Certification of Preliminary Investigation or Inquest
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C. Motions 1. Motion to Quash Information [1] Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 90, Quezon City PEOPLE OF THE PHILIPPINES, Plaintiff, Criminal Case No. 00567 - versus For: Theft KLEPTO MANIAC, Accused. x ------------------------------------------ x MOTION TO QUASH [2] THE ACCUSED, by counsel, respectfully moves to quash the Information for the crime of theft on the following: [3] GROUNDS 1. IT CONTAINS AVERMENTS WHICH, CONSTITUTE A LEGAL JUSTIFICATION; 2. THIS COURT IS WITHOUT JURISDICTION. In support, the accused respectfully states that: ARGUMENT The Information alleges that the accused KLEPTO MANIAC is eleven (11) years old and without any known address. Under Article 12, paragraph 3 of the Revised Penal Code, a person over nine years of age and under fifteen, unless he acted with discernment, is exempt from criminal liability. There is no allegation that the accused acted with discernment. Even granting said discernment, the accused cannot be tried but instead proceeded against under Article 80 of the Revised Penal Code, which provides that a minor, unless sixteen years of age at the time of the commission of a grave or less grave felony, cannot be tried but instead shall have the benefit of a suspension of all proceedings against him. The duty of the court would be to commit the minor to the custody or care of a public or private benevolent or charitable institution for the care and education of homeless and delinquent children or to the custody of the Department of Social Work and Development. [4] WHEREFORE, it is respectfully prayed that the Information against the accused be QUASHED and that the accused be released immediately from detention. [5] Quezon City; 7 July 2007. [6] (Sgd.) JUAN DELA CRUZ Counsel for the Accused [Address] PLUS: LEGAL FORMS AND WRITING JANEIT PAJILA 49 IF TRUE, WOULD
1. [7] Request for and Notice of Hearing 2. [8] Proof of Service
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2. Motion to Quash Search Warrant [1] (Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, - versus VIG CHAN, Accused. x ---------------------------------------------- x MOTION TO QUASH SEARCH WARRANT The ACCUSED, by counsel, respectfully moves for the quashal of Search Warrant No. 1122 issued by this Honorable Court on and dated 12 July 2006 based on the following considerations: [2] 1. Rule 126, Sec. 10 or the Revised Rules of Court provides expressly that a search warrant shall be valid for ten (10) days from its date and that thereafter, it shall be void. 2. Search Warrant No. 1122 is dated 12 July 2006. It was served on the accused on 23 July 2006, the 11th day from its date; this is certified to by the Sworn Inventory and Return executed by Major Alang Alam, the leader of the searching team (a copy of which is already part of the records). A search was made on the same day, 23 July 2006; pursuant to said search, certain objects were seized and delivered to the court. Under the law, the Search Warrant is void and must, thus, be quashed. [3] WHEREFORE, it is respectfully prayed that Search Warrant No. 1122 be QUASHED and all objects seized under its purported authority be declared INADMISSIBLE under the exclusionary rule in Article III, Section 3(2) in relation to section 2 of the 1987 Constitution. [4] Quezon City; 25 July 2006. [5] (Sgd.) MA TAPANG Counsel for Accused [Address] PLUS: 1. [6] Request for and Notice of Hearing 2. [7] Proof of Service Criminal Case No. 00022 For: Libel
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3. Motion to Suppress Evidence [1] (Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, - versus VIG CHAN, Accused. x ---------------------------------------------- x MOTION TO SUPPRESS EVIDENCE UNLAWFULLY SEIZED The ACCUSED, by counsel, respectfully moves for the suppression of objects seized on 23 July 2006, pursuant to Search Warrant No. 1122 issued by this Honorable Court dated 12 July 2006, based on the following considerations: [2] 1. Search Warrant No. 1122 was served on the 11th day and is, thus, void. 2. The motor vehicle seized does not fall within the property that may lawfully be seized. Discussion [1] Search Warrant No. 1122 was served on the 11th day and is, thus, void. 1. Rule 126, Sec. 10 of the Revised Rules of Court provides expressly that a search warrant shall be valid for ten (10) days from its date and that thereafter, it shall be void. 2. Search Warrant No. 1122 is dated 12 July 2006. It was served on the accused on 23 July 2006, the 11th day from its date; this is certified to by the Sworn Inventory and Return executed by Major Alang Alam, the leader of the searching team (a copy of which is already part of the records). A search was made on the same day, 23 July 2006; pursuant to said search, certain objects were seized and delivered to the court. Under the law, the Search Warrant is void. 3. No valid seizure may be made under a void warrant. For this reason, the following objects must be suppressed: [list items] [2] The motor vehicle seized does not fall within the property that may lawfully be seized. 4. On the occasion of the search, the searching party also seized accuseds green Jaguar XJE with license plate, No. 1", allegedly for being subject of the offense. Thereafter, it was impounded and kept at the PNP Motor Pool. 5. The motor vehicle cannot be subject of the offense as accused is charged with libel. There is no relation between the motor vehicle and libel. Criminal Case No. 00022 For: Libel
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6. Moreover, the motor vehicle is not mala prohibita that would justify a seizure thereof; neither could there be a seizure of evidence in plain view. [3] WHEREFORE, it is respectfully prayed that all objects seized under the void Search Warrant No. 1122 be declared INADMISSIBLE under the exclusionary rule in Article III, section 3(2) in relation to Section 2 of the 1987 Constitution. Furthermore, it is prayed that the Green Jaguar XJE with license plate No. 1" be immediately returned to the accused. [4] Quezon City; 25 July 2006. [5] (Sgd.) MA TAPANG Counsel for Accused [Address] PLUS: 1. [6] Request for and Notice of Hearing 2. [7] Proof of Service
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4. Motion for Bail [1] (Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, - versus NAKA PIIT, Accused. x ------------------------------------------ x MOTION FOR BAIL [2] THE ACCUSED, by counsel, respectfully moves to be allowed bail on the ground that the [3] prosecutions evidence of his guilt is not strong. In support, he respectfully submits the following: 1. The Information alleges that he raped the private complainant on 25 December 2005 at his residence in Quezon City. The prosecutions own evidence, however, belies this allegation as: (a) the medical certificate (attached as ANNEX A to the Information) states that private complainant is in a virgin state with no physical and outward signs of trauma; (b) the medical certificate issued by the NBI doctor (attached as ANNEX B to the Information) after a physical examination of the accused, two (2) days after the alleged rape, shows that he is suffering from erectile dysfunction and has been so afflicted for close to five (5) years now and (c) the sworn statements of the private complainant conflict with and contradict each other such that her credibility must be placed in doubt. 2. For these reasons, there is no basis to conclude that the accused raped the private complainant as there is less than circumstantial evidence of this fact. He is, thus, entitled to bail as a matter of right. WHEREFORE, it is respectfully prayed that the accused be granted: (1) a bail hearing, during which the prosecution should be directed to present its evidence to show the strength of its evidence of the accuseds guilt, and (2) thereafter, grant the accused reasonable bail. Other just and equitable reliefs are also prayed for. Quezon City; 7 July 2007. (Sgd.)KA DEREE Counsel for the Accused [Address] PLUS: Request for and Notice of Hearing Criminal Case No. 00567 For: Murder
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D. Application for Bail [1] (Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, - versus RECY DIVIST, Accused. x ---------------------------------------------- x APPLICATION FOR PROBATION THE ACCUSED, by counsel, respectfully applies for probation pursuant to the provisions of Presidential Decree No. 968, as amended. In support of this application, the accused respectfully submits the following: 1. Accused-applicant is of legal age and currently gainfully employed at ASN Broadcasting Corporation located at Timog Avenue, Quezon City. On 23 February 2007, she pleaded guilty to the offense charged herein; consequently, this Honorable Court in its Order dated 8 March 2007 sentenced accused-applicant to an indeterminate penalty ranging from three (3) years to five (5) years of prision correccional. [2] 2. Accused-applicant humbly submits that she possesses all the qualifications and none of the disqualifications enumerated under section 2 of Presidential Decree No. 968, specifically: 2.1. She has not been convicted of any crime against national security or public order; 2.2. She has not been previously convicted by final judgment of an offense punishable by imprisonment of not less than one (1) month and one (1) day and/or a fine of not less than Two Hundred Pesos (P200.00); 2.3. She has not previously applied for nor had been previously placed under probation under Presidential Decree No. 968. 2.4. She has not started to serve her sentence and, to date, has not filed any Notice of Appeal from the Order of conviction. 3 Finally, granting this application will not in any way depreciate the seriousness of the offense charged nor cause any undue risk that during the period of probation, accused-applicant will commit another crime. Moreover, accused-applicant does not need any correctional treatment requiring commitment to an institution. [3] WHEREFORE, accused-applicant respectfully prays that her application for probation be GRANTED and that she be placed under probation under such terms and conditions necessary to attain and ensure the objectives of the law and which, under the circumstances, are fair, just and reasonable in the sound discretion of this Honorable Court. LEGAL FORMS AND WRITING JANEIT PAJILA 55 Criminal Case No. 114878
Quezon City for Pasig City; 12 March 2007. (Sgd.) JUAN DELA CRUZ Counsel for Accused [Address] PLUS: 1. [4] Verification 2. [5] Request for and Notice of Hearing
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IV.
PLEADINGS AND OTHER LEGAL DOCUMENTS COMMON TO CIVIL AND CRIMINAL PROCEDURE A. Offer of Evidence and Opposition/Comment to Offer 1. Formal Offer of Evidence
Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 90, Quezon City PEOPLE OF THE PHILIPPINES, Plaintiff, Criminal Case No. 000011 - versus RECY DIVIST, Accused. x ------------------------------------------ x FORMAL OFFER OF EVIDENCE THE PROSECUTION, by the undersigned public and private prosecutors, respectfully offer their documentary exhibits in support of their case-in-chief: 1. Exhibit A, the sworn statement of Alang Kaso, the private complainant, and Exhibit A-1, his signatureto prove that on the date and time stated in the affidavit, the accused issued a post-dated check in the amount of One Million Pesos (P1,000,000.00) which, on presentment for payment, was dishonored for lack of insufficient funds; to prove authorship and the authenticity of the sworn statement; and as part of the testimony of the private complainant. 2. Exhibit B, the post-dated check dated 30 June 2004, issued by the accused in the amount of One Million Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with notation DAIF; Exhibit B-2, the signature of accused on face of the checkto prove the issuance of the check, the amount stated, the reason for dishonor and the identity of the issuer. The marked copies of Exhibits A and B are already part of the record. WHEREFORE, the prosecution respectfully prays that the foregoing Exhibits be ADMITTED as proof of the facts therein stated and in support of its case-in-chief and for all other relevant purposes. Quezon City; 7 July 2007. MA KUPAL Public Prosecutor Copy furnished: MITCH MCDEERE Counsel for Accused JUAN DELA CRUZ Private Prosecutor
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2. Comment/Opposition to Offer PEOPLE OF THE PHILIPPINES, Plaintiff, Criminal Case No. 000011 - versus RECY DIVIST, Accused. x ------------------------------------------ x COMMENT ON THE PROSECUTIONS FORMAL OFFER OF EVIDENCE THE ACCUSED, by counsel, respectfully oppose the Prosecutions Offer of Evidence for the following reasons: 1. Exhibit A, the sworn statement of Alang Kaso, the private complainant, and Exhibit A-1, his signature are INADMISSIBLE because the private complainant was never presented to authenticate the document or subjected to cross-examination, thus, the document is hearsay and inadmissible. 2. Exhibit B, the post-dated check dated 30 June 2004, issued by the accused in the amount of One Million Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with notation DAIF; Exhibit B-2, the signature of accused on face of the check are INADMISSIBLE for violation of the Best Evidence Rule as the original check was never presented; and no basis for the presentation of secondary evidence laid. ACCORDINGLY, the ACCUSED respectfully submits that Prosecutions Exhibits are INADMISSIBLE and must, thus, be EXCLUDED. Quezon City; 7 July 2007. (Sgd.) JUAN DELA CRUZ Counsel for the Accused [Address] Copy furnished: MA. KUPAL Public Prosecutor MA. KURA COTE Private Prosecutor the
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B. Demurrer to the Evidence 1. Criminal cases (Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, - versus ANAKIN SKYWALKER, Accused. x ---------------------------------------- x DEMURRER TO THE PROSECUTIONS EVIDENCE THE ACCUSED, by counsel, with respectfully submits this Demurrer to ground that the prosecution has failed guilt to overcome the presumption of proof: leave of court previously obtained, the Prosecutions Evidence on the to adduce sufficient evidence of his innocence and shift the burden of Criminal Case No. 007 For: Violation of PD 1866
1. Under the Constitution, the accused is presumed to be innocent until proven guilty. The effect of this presumption is that it entitles the accused to not say anything in his defense and places the burden directly on the prosecution to prove everything relative to his guilt. Thus, the prosecution must rely on the strength of its evidence and not wait for the accused to offer any defense. It is only in the event that the prosecution, after resting its case, has adduced sufficient evidence of guilt that the burden of proof shifts to the accused. 2. The prosecution has failed to adduce sufficient evidence of guilt such as would shift the burden of proof. 2.1. The accused is charged with violation of PD 1866; the gravamen of the offense is unauthorized possession of a firearm. Concretely, this means that the prosecution must prove that the accused had no legal authority to possess any firearm. 2.2. The prosecution has failed to show that the accused had no license to carry a firearm. The proof of the negative element is indispensable to proof of a violation of PD 1866. Without proof of this negative element, the crime is not proven. 3. Absent proof of the negative element, i.e., absence of a license, the offense is not proven. The accused is innocent; he must, thus, be acquitted. WHEREFORE, the accused respectfully prays that the Information against him be DISMISSED and that he be ACQUITTED of the crime charged. Quezon City; 13 April 2007. JANG GEUN SUK Counsel for the Accused [Address] PLUS: Request for and Notice of Hearing LEGAL FORMS AND WRITING JANEIT PAJILA 59
2. Civil cases (Caption) ANAKIN SKYWALKER, Plaintiff, Civil Case No. 000909 - versus PADME AMIDALA, Defendant. x ---------------------------------- x DEMURRER TO THE EVIDENCE DEFENDANT, by counsel, with leave of court previously sought and granted, respectfully submits this Demurrer to the Evidence because plaintiff has failed to prove entitlement to his claims by a preponderance of evidence: 1. This action seeks to collect a sum of money arising from a contract. 2. Plaintiff, after resting his case, has failed to: (a) prove the authenticity of the contract, (b) the extent of the obligation under the contract, (c) the demandability of the obligation under the contract and (d) defendants liability for the obligation and damages. 3. Consequently, plaintiff has failed to prove his claims by a preponderance of evidence and defendant is entitled to a dismissal of the Complaint against her. WHEREFORE, defendant respectfully prays that the Complaint against her be DISMISSED. Quezon City; 13 April 2007. (Sgd.) JUAN DELA CRUZ Counsel for Defendant [Address] PLUS: Request for and Notice of Hearing
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C. Notice of Lis Pendens Republic of the Philippines 4th Judicial Region REGIONAL TRIAL COURT Branch 71, Antipolo DAMI LUPA, Plaintiff, - versus ALANG LUPA, Defendant. x ----------------------- x NOTICE OF LIS PENDENS THE REGISTER OF DEEDS Antipolo City, Rizal Province Please take notice that a parcel of land covered by TCT No 1234 located in Antipolo, Rizal; registered in the name of defendant is the subject matter of an action for reconveyance of an undivided one-sixth portion thereof filed by DAMI LUPA, above-named plaintiff. Accordingly, please record this notice on the title. RESPECTFULLY SUBMITTED. Quezon City; 13 April 2007. (Sgd.) JUAN DELA CRUZ Counsel for Plaintiff [Address] Copy furnished: MA. DAYA COH Counsel for Defendant Civil Case No. 007 For: Reconveyance
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D. Appearance as Counsel Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Branch 101, Quezon City ANAKIN SKYWALKER, Plaintiff, - versus PADME AMIDALA, Defendant. x -------------------------------- x ENTRY OF APPEARANCE THE BRANCH CLERK OF COURT Regional Trial Court Branch 101, Quezon City Please enter the appearance of the undersigned as counsel for defendant Padme Amidala, with her express conformity as indicated below, in this case. Henceforth kindly address all pertinent notices to the undersigned at the address given below. RESPECTFULLY SUBMITTED. Quezon City; 13 April 2007. (Sgd.) JUAN DELA CRUZ No. 1, Imzadi Place Tatooine, Pasig City WITH MY CONFORMITY: (Sgd.) PADME AMIDALA Copy furnished: MA DAYA COH Civil Case No. 1357 For: Legal Separation
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E. Withdrawal as Counsel 1. Withdrawal as Counsel (Caption) ANAKIN SKYWALKER, Plaintiff, - versus PADME AMIDALA, Defendant. x -------------------------------- x WITHDRAWAL OF APPEARANCE THE BRANCH CLERK OF COURT Regional Trial Court Branch 101, Quezon City Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN SKYWALKER, with his express conformity as indicated below, in this case. Henceforth kindly address all pertinent notices to plaintiff at his address given in the Complaint. RESPECTFULLY SUBMITTED. Quezon City; 7 July 2007. (Sgd.) JUAN DELA CRUZ 1 Imperial Palace, Cloud City, Pasig City WITH MY CONFORMITY: (Sgd.) ANAKIN SKYWALKER Civil Case No. 1357 For: Legal Separation
2. Withdrawal as Counsel WITHOUT conformity of client (Caption) ANAKIN SKYWALKER, Plaintiff, Civil Case No. 1357 LEGAL FORMS AND WRITING JANEIT PAJILA 63
- versus PADME AMIDALA, Defendant. x -------------------------------- x
For: Legal Separation
WITHDRAWAL OF APPEARANCE THE BRANCH CLERK OF COURT Regional Trial Court Branch 101, Quezon City Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN SKYWALKER due to irreconcilable professional differences with plaintiff, for which reason the express conformity of plaintiff cannot be obtained. Henceforth kindly address all pertinent notices to plaintiff at his address given in the Complaint. RESPECTFULLY SUBMITTED. Quezon City; 7 July 2007. (Sgd.) JUAN DELA CRUZ 1 Imperial Palace, Cloud City, Pasig City
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F. Substitution of Counsel (Caption) ANAKIN SKYWALKER, Plaintiff, - versus PADME AMIDALA, Defendant. x -------------------------------- x SUBSTITUTION OF COUNSEL THE UNDERSIGNED respectfully enters his appearance as counsel for defendant Padme Amidala in substitution of former counsel Darth Maul, as shown by her express conformity below. Henceforth, kindly address all pertinent notices to the undersigned at the address given below. RESPECTFULLY SUBMITTED. Quezon City; 7 July 2007. JUAN DELA CRUZ Counsel for Defendant 2 Corruscant Place Tatooine Road, Pasig City WITH MY CONFORMITY: (Sgd.) PADME AMIDALA Civil Case No. 1357 For: Legal Separation
G. Notice of Appeal Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 1, Manila TALO NAN, LEGAL FORMS AND WRITING JANEIT PAJILA 65
Plaintiff, Civil Case No. 00222 - versus PANA LO, Defendant. x------------------------- x NOTICE OF APPEAL PLAINTIFF, by counsel, respectfully appeals to the Court of Appeals the Decision of this Honorable Court dated 6 July 2006, a copy of which he received on 16 July 2006, for being contrary to law and the evidence presented. Quezon City for Manila; 17 July 2006. (Sgd.) JUAN DELA CRUZ Counsel for Plaintiff [Address] Copy furnished: MITCH CATHEE Counsel for Defendant
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V.
PLEADINGS AND LEGAL DOCUMENTS ON DOMESTIC CASES AND SPECIAL PROCEEDINGS A. Petition for Habeas Corpus Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 191, Makati
IN RE: PETITION FOR HABEAS CORPUS OF THE MINORS LUKE AND LEIA SKYWALKER SP No. 111334 PADME AMIDALA, Petitioner. ANAKIN SKYWALKER, Respondent. x ------------------------------------------ x PETITION PETITIONER, by counsel, respectfully states that: 1. Petitioner is the mother of the minors Luke and Leia Skywalker, who were born out of the valid marriage between petitioner and respondent Anakin Skywalker. 2. The marriage failed and petitioner has been living separately from respondent since 2004. Sometime in February 2007, respondent, unknown to petitioner, abducted the minor children and has kept them incommunicado and out of petitioners reach. 3. Being below seven (7) years of age, custody of the minors is naturally presumed to belong to petitioner, as their mother. Consequently, respondents refusal to allow petitioner to regain custody over the minors is unlawful and unjustified. WHEREFORE, petitioner respectfully prays that a writ of habeas corpus issue directing respondent to make a return showing his legal authority to detain the minor children, subject of this petition, and thereafter, present the minor children personally before the Court on a date and time it chooses. Quezon City; 7 July 2007. JANG GEUN SUK Counsel for Petitioner [Address] PLUS: Verification and Certification against Forum Shopping
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B. Petition for Adoption IN RE: PETITION FOR ADOPTION OF ANAKIN SKYWALKER SP No. 111334 DARTH VADER and PADME AMIDALA, Petitioners. x ------------------------------------------ x PETITION PETITIONERS, by counsel, respectfully state that: 1. Petitioners are husband and wife, both of legal age, and residents of __________. 2. They have no legitimate children of their own and desire to jointly adopt a minor named ANAKIN SKYWALKER, 10 years old, the legitimate child of _________________. 3. The parents of the minor are not insane, intemperate and are in full possession of civil capacity; they have not abandoned the minor child. With full knowledge of petitioners intention, they have expressly given their written consent to the adoption, as shown by their statement, a copy of which is attached as ANNEX A. 4. Petitioners are qualified to adopt the minor and are financially capable of supporting the minor; they are also morally qualified to bring up and educate the said minor. WHEREFORE, it is respectfully prayed that judgment be rendered in petitioners favor adjudging the minor child ANAKIN SKYWALKER freed from all legal obligations of obedience and maintenance with respect to his/her natural parents and that he/she be declared to all legal intents and purposes, the child of herein petitioners and that his/her surname be changed to that of petitioners. Quezon City; 7 July 2007. (Sgd.) MASTER YODA [Address] PLUS: Verification and Certification against Forum Shopping
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C. Petition for Declaration of Nullity of Marriage with Application for Provisional Orders [Caption and Title] PETITIONER, by counsel, respectfully states that: 1. Petitioner is a Filipino citizen, of legal age and married to respondent. For purposes of this petition, she may be served with notices and other pertinent processes through counsel at [address of counsel]. 2. Respondent is a Filipino citizen, of legal age, currently employed at [state employer] and married to petitioner. He may be served with summons and other pertinent orders and processes of this Court at [state address] 3. Petitioner and respondent were married on [date] and out of this marriage, they have [state number of children, respective ages]. A copy of the Marriage Contract executed by petitioner and respondent is attached as ANNEX A; a copy each of the birth certificates of the minor children is attached as ANNEX B, C and D, respectively. 4. Petitioner and respondent are currently separated in fact and have been so since May 2001. The reason for the continuing separation in fact is the breakdown of the marriage due to both petitioners and respondents mutual psychological incapacity to fulfill and discharge their respective marital obligations to each other, which existed at the time of the marriage in 1998 but manifested itself well into the marriage 5. The mutual psychological incapacity of the parties to remain married to each other appears to be incurable; prior to this resort, the parties had attempted formal and informal counseling sessions all of which proved unproductive as respondent proved resistant and, at times, even hostile to these efforts. 6. In compliance with jurisdictional requirements, petitioner submitted herself to a psychological and clinical assessment by a trained professional, Clinical Psychologist [state name]. Despite several attempts, respondent refuses to agree to any sober and productive discussion with petitioner and is always highly emotional and angry, it was, thus, impracticable to secure a psychological report and profile of respondent; should this become material, petitioner reserves the right to request respondent to submit to a psychological examination for purposes of confirming the mutual psychological incapacity to remain married to each other. 7. Petitioners psychological incapacity is described in clinical terms as being consistent with a V61.1 Partner Relational Problem and is said to have Masochistic Personality Disorder or 301.9 Personality Disorder Not Otherwise Specified; on the other hand, the assessment given by the psychologist of respondents psychological make-up is that he has a 301.20 Schizoid Personality Disorder with narcissistic features which is described as grave, incurable and has antecedents. The psychological make-up of petitioner and respondent is explained in greater detail in the Clinical Assessment Report (Report) dated 28 December 2006, a copy of which is attached as ANNEX E. 8. Their minor children are in petitioners custody and are being supported by her financially and emotionally.
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9. Petitioner submits that, despite the parties mutual psychological incapacity to remain married to each other, the interests of the children are best served by having them remain in her custody, with visitation rights extended to respondent. All of the children are minors and, under the law, children under seven (7) years of age shall not be separated from the mother, save for exceptional circumstances which do not exist in this case. 10. Petitioner cannot, however, provide for all the financial needs of the children as she is only earning a limited amount of money from her work whereas respondent is gainfully employed and earns more than enough for his own personal needs. Petitioner earns only (state amount) from her work as shown by her payslip attached as ANNEX F whereas respondent earns (state amount) from his work as shown by his payslip attached as ANNEX G. The common property of petitioner and respondent is insufficient for the support of the children. Respondent must, thus, be directed to give support to his children in the amount of (state amount). WHEREFORE, petitioner respectfully prays that PROVISIONAL ORDERS for child custody and child support be issued giving to petitioner custody pendente lite over their minor children and directing respondent to give monthly support in the amount of (state amount), subject to any adjustments that may be made based on changing earning capacity as well as needs. Petitioner also prays that, after trial, judgment be rendered in her favor by declaring petitioner to be psychologically incapacitated to comply with the essential obligations of her marriage to respondent, thus -[1] Declaring the marriage between petitioner and respondent a nullity and, by this token, ordering the dissolution of the conjugal partnership of gains; and [2] Awarding permanent custody of the children to petitioner, with express acknowledgement of respondents visitation rights; [3] Awarding support in the amount of (state amount) subject to adjustments to be made depending on changes in earning capacity and needs of the children. All other just and equitable reliefs are also prayed for. Quezon City; 7 July 2007. (Sgd.) MA. COLITE Counsel for the Petitioner [Address] PLUS: Verification and Certification against Forum Shopping
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D. Petition for Probate of a Holographic Will Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 30, San Juan RE: PROBATE OF THE HOLOGRAPHIC WILL OF PABLING SIA., SP PROC. No. 0023 PALING KERA, Petitioner, x ------------------------------------ x PETITION PETITIONER, by counsel, respectfully states that: 1. Petitioner is a Filipino citizen and the widow of the deceased. 2. On 16 August 2006, PABLING SIA died, having previously executed a holographic will in his own handwriting and in a language known to him. A copy of the will is attached as ANNEX A. The handwriting may be attested to as his by his secretary of long standing, TOM CRUZ. 2. The deceased left a house and lot located at No. 555, Tuna Road, Marinara Subdivision, Quezon City and cash amounting to Fifty Thousand Pesos (P50,000); he had no debts. 3. The deceaseds only heirs are herein petitioner and their son, PABLING SIA JR., both of whom are residing at No. 555, Tuna Road, Marinara Subdivision, Quezon City. WHEREFORE, it is respectfully prayed that after due notice and publication this Honorable Court fix the date for the probate of the holographic will and that letters of administration be issued in favor of the herein petitioner and thereafter adjudicate the properties of the deceased in accordance with the said holographic will. Quezon City; 7 July 2007. (Sgd.) ASSAR TALLO Counsel for the Petitioner [Address] PLUS: Verification and Certification against Forum Shopping
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VI.
DEEDS, CONTRACTS AND OTHER CORPORATE LEGAL DOCUMENTS A. Special Power of Attorney
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: I, JUAN DELA CRUZ, of legal age, and resident of Tatooine, do hereby name, constitute and appoint PADME AMIDALA, of legal age, and resident of Naboo, to be my true and lawful Attorney-in-Fact and in my name, place and stead, do perform the following specific act(s): (Specify the particular act/s to be performed) Giving and granting unto said attorney-in-fact power and authority to do every act necessary and required in connection with these presents, and hereby ratifying and confirming all that she may do by virtue of these presents. IN WITNESS WHEREOF, I have signed this Special Power of Attorney this 7 July 2007 at Tatooine. (Sgd.) JUAN DELA CRUZ Principal SIGNED IN THE PRESENCE OF: (Sgd.) R2D2 (Sgd.) C3PO Acknowledgment
B. General Power of Attorney GENERAL POWER OF ATTORNEY LEGAL FORMS AND WRITING JANEIT PAJILA 72
KNOW ALL MEN BY THESE PRESENTS: I, OBI WAN KENOBI, of legal age, and resident of Tatooine, do hereby name, constitute and appoint PADME AMIDALA to be my true and lawful attorney-in-fact, for me and in my name, place and stead, to do and perform the following acts, to wit: (Specify general acts that Attorney-in-Fact may do) Giving and granting unto my said Attorney-in-Fact full power and authority necessary and required to carry out the acts as fully to all intents and purposes as I might do or lawfully do if personally present, with power of substitution and revocation, and hereby ratifying and confirming all that my said attorney-in-fact or his substitute shall lawfully do or cause to be done under and by virtue of these presents. IN WITNESS WHEREOF, I have signed this instrument this 7 July 2007 at Tatooine. (Sgd.) OBI WAN KENOBI Principal SIGNED IN THE PRESENCE OF: (Sgd.) R2D2 (Sgd.) C3PO Acknowledgment
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C. Contract of Lease CONTRACT OF LEASE KNOW ALL MEN BY THESE PRESENTS: This Agreement made and entered into at Makati this 7th day of July 2007 by and between DAMI BAHAY, of legal age, married to ASA WA, (LESSOR) and resident of Makati City, and ALANG BAHAY, of legal age, single and resident of Quezon City (LESSEE), WITNESSETH that: 1. In consideration of a monthly rental of FIVE THOUSAND PESOS (P5,000.00) and the covenants made below, the LESSOR hereby LEASES to the LESSEE an apartment located at 199 San Antonio Village, Makati City covered by Tax Declaration No. 001 (Makati City Assessors Office) for a period of TWELVE (12) MONTHS from signing of this contract. 2. The LESSEE covenants, as follows: 2.1. To pay the rentals on or before the fifth day of each month, without need of demand at the residence of LESSOR; 2.2. To keep the premises in good and habitable condition, making the necessary repairs and painting inside and outside the house; 2.3. Not to make major alterations and improvements without the written consent of the LESSOR and in the event of such unauthorized major alterations and improvements, surrendering ownership over such improvements and alterations to the LESSOR upon expiration of this lease; IN WITNESS WHEREOF, the parties have signed this contract on the date and the place first mentioned. DAMI BAHAY Lessor With my consent: ASA WA Acknowledgment BEFORE ME, a Notary Public for Makati City, personally appeared on the 7 of July 2007, the following persons, with their respective CTC details indicated below:
th
ANG BAHAY Lessee
DAMI BAHAY ALANG BAHAY
CTC No. ____________ issued at/on CTC No. ____________ issued at/on
known to me to be the same persons who executed the foregoing instrument, denominated as a Contract of Lease consisting of __ pages, signed on each and every page by the parties and their instrumental witnesses, having acknowledged the same before me as their own free and voluntary act and deed. TO THE TRUTH OF THE FOREGOING, witness now my hand and seal on the date and place mentioned above. LEGAL FORMS AND WRITING JANEIT PAJILA 74
N.O. TARIO Until December 31, 2007 PTR No. 0000111/1/05/99, Makati City Doc. No. Page No. Book No. Series of 2007.
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D. Holographic Will San Juan, Metro Manila 7 July 2007 I hereby execute this holographic will, in my handwriting and in the English language which I know how to read and write, bequeathing my house and lot located at No. 555, Tuna Road, Marinara Subdivision, Quezon City to my son, PABLING SIA JR., and cash amounting to Fifty Thousand Pesos (P50,000) to my spouse, PALING KERA. (Sgd.) PABLING SIA SR.
E. Notarial Will LAST WILL AND TESTAMENT of PABLING SIA, SR. KNOW ALL MEN BY THESE PRESENTS: I, PABLING SIA, SR., of legal age, married to PALING KERA, a native of Lipa City, Batangas, now actually residing at San Juan, Metro Manila, being of sound and disposing mind and memory, and not acting under influence, violence, fraud or intimidation of whatever kind, declare this to be my Last Will and Testament which I have caused to be written in English, the language which is known to me. And I hereby declare that: I. The following are my children and their addresses; (Name of children and addresses) II. I give and bequeath to my children __________, __________, and __________, in equal shares, the following properties, real and personal, whatsoever and wheresoever located: (Description of property) III. I designate _______________ as the sole executor of this Last Will and Testament. IN WITNESS WHEREOF, I have set my hand this 7th day of July 2007 in San Juan, Metro Manila. (Sgd.) PABLING SIA, SR.
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F. Attestation Clause for a Notarial Will ATTESTATION CLAUSE WE, the undersigned witnesses, whose residences are stated opposite our respective names, do hereby certify that: the testator _________________ has published unto us the foregoing will consisting of ___ pages numbered correlatively in letters on the upper part of each page, as his/her last will and testament and has signed the same and every page thereof, on the left margin, in our joint presence and we, in turn, at his/her request have witnessed and signed the same and every page thereof, on the left margin, in the presence of the testator and in the presence of each other. SAKSI 1 SAKSI 2 SAKSI 3 Residence Residence Residence
G. Acknowledgment of a Notarial Will JOINT ACKNOWLEDGMENT BEFORE ME, Notary Public for and I the City of San Juan, Philippines, this 7 day of July, 2007, personally appeared:
th
PABLING SIA, SR. (Testator), with Valid Identification Document _______ issued by (official agency), on 6 July 2006; SAKSI 1 (Witness), with Valid Identification Document _______ issued by (official agency), on 6 July 2006; SAKSI 2 (Witness), with Valid Identification Document _______ issued by (official agency), on 6 July 2006; SAKSI 1 (Witness), with Valid Identification Document _______ issued by (official agency), on 6 July 2006; all known to me to be the same persons who signed the foregoing Will, the first as testator and the last three as instrumental witnesses, and they respectively acknowledged to me that they signed the same as their own free act and deed. This Will consists of ___ pages, including the page in which this acknowledgment is written, and has been signed on the left margin of each and every page thereof by the testator and his witnesses and has been sealed with my Notarial seal. IN WITNESS WHEREOF, I have set my hand the day, year and place written. (Sgd.) N. O. TARIO Notary Public Until __________________ PTR No. _______________ LEGAL FORMS AND WRITING JANEIT PAJILA 77
Issued at ______________ On ___________________ Doc. No. Page No. Book No. Series of 2007.
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H. Donation Inter Vivos DEED OF DONATION KNOW ALL MEN BY THESE PRESENTS: This Deed of Donation, made and executed by LALIM BULSA, of legal age, single/married, and resident of _______________ (Donor) in favor of DAMI UTANG, of legal age, single/married and resident of _________________ (DONEE) WITNESSETH: That the DONOR is the owner of that certain real property with the buildings and improvements thereon, situated in _________________, and more particularly described in Original/Transfer Certificate of Title No. ____ of the land registry of _____________, as follows: (Copy description of property in title) That for and in consideration of the love and affection which the DONOR has for the DONEE, the said DONOR, by these presents, transfers and conveys, by way of donation, unto said DONEE, his/her heirs and assigns, the above described real property with all the buildings and improvements thereon, free from all liens and encumbrances; That the DONOR does hereby state, for the purpose of giving full effect to this donation, that he/she has reserved for himself/herself in full ownership sufficient property to support him/her in a manner appropriate to his/her needs; That the DONEE does hereby accept this donation of the abovedescribed property, and does hereby express gratitude for the kindness and liberality of the DONOR. IN WITNESS WHEREOF, the DONOR and the DONEE have signed this deed on 7 July 2007 and at Quezon City, Philippines. LALIM BULSA Donor ACCEPTED: DAMI UTANG Donee SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.)MIRON 2 PLUS: Acknowledgment
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I. Acknowledgment of Nominee Status with Assignment of Shares ACKNOWLEDGMENT OF NOMINEE STATUS WITH ASSIGNMENT OF SHARES I, GEORDI LA FORGE, (Nominee), of legal age, and with office address at __________, hereby acknowledge my status as nominee for WILLIAM RIKER (the Principal) for the purpose of holding title to ___ shares of stock in the Enterprise Holdings Inc. (the Corporation). As nominee, I hereby unequivocally confirm that the Principal is the exclusive and absolute owner of the subject shares. Accordingly, the relationship between the principal and the nominee with respect to the subject shares is governed by the following terms and conditions: 1. All dividends, whether cash, stock or property, rights and other privileges, accruing on the subject share shall be for the account and benefit of the principal; accordingly, the nominee shall deliver the same to the principal and whoever the latter may designate. 2. Directors fees and other amounts received by way of compensation for services rendered by the nominee shall be for the account and benefit of the nominee. 3. The principal shall save the nominee free and harmless from any liability, whether for unpaid subscriptions, taxes or otherwise, that may arise as a result of the nominees holding title to the subject shares for and on behalf of the principal. 4. The nominee hereby assigns, transfers, and conveys the subject shares to the principal free from all liens and encumbrances and hereby undertakes to execute the necessary instruments to transfer title over the subject shares to the principal or to whoever the latter may designate. 5. This acknowledgment of nominee status shall bind the nominees heirs, executors, administrators and other successorsin-interest. Done this 7th day of July 2007 at Quezon City. GEORDI LA FORGE Nominee WITH MY CONFORMITY: WILLIAM RIKER Principal WITNESSES: (Sgd.) UZI 1 (Sgd.) UZI 2 PLUS: Acknowledgment
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J. Secretarys Certificate SECRETARYS CERTIFICATE I, DEANNA TROI, of legal age, with office address at __________________, on the basis of the corporate records, do hereby certify that under oath that: 1. I am the Corporate Secretary of ENTERPRISE HOLDINGS INC. (corporation), a corporation duly organized and existing under Philippine laws, with the same office address given above. 2. At a meeting of the Board of Directors of the corporation held on ___________, at which meeting a quorum was present and obtained throughout, the following resolution(s) was (were) unanimously approved and adopted: RESOLVED, that ................... 3. The foregoing resolution has not been revoked, amended or in any manner modified and accordingly, the same may be relied upon until a written notice to the contrary is issued by the corporation. IN WITNESS WHEREOF, I have set my hand to this certification on ____ at ______________. DEANNA TROI Corporate Secretary ATTESTED: JEAN-LUC PICARD President PLUS: Jurat K. Board Resolutions 1. Authority to Act Board Resolution No. ___ RESOLVED, that Mr. Jean-Luc Picard, as Chairperson and Chief Executive Officer of Enterprise Holdings be authorized, as he is hereby authorized, to enter into any and all transactions with the representatives of the Ferengi Trade Federation, as may prove to be beneficial to the corporation in his own opinion and determination. Approved and adopted this 7th day of July, 2007 at Makati City, Philippines. (Name of Directors) 2. Increase in number of directors and necessary amendment to the Articles of Incorporation Board Resolution No. ___ RESOLVED, by a vote of stockholders representing more than 2/3 of the subscribed and paid up capital stock, to LEGAL FORMS AND WRITING JANEIT PAJILA 81
INCREASE the number of Directors of the Corporation from five (5) to seven (7) and to AMEND the Articles of Incorporation to reflect this increase. Approved and adopted this 7th day of July, 2007 at Makati City, Philippines. (Name of Directors)
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L. Deed of Assignment DEED OF ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS: I, DAMI SHARES, of legal age, Filipino and resident of ________________, for and in consideration of the sum of ____________________ Pesos (P_____), receipt of which is hereby acknowledged do hereby assign, cede, transfer and convey unto DAMI LUPA, likewise of legal age, and resident of ______________, all his/her rights, title, ownership and interest over its subscription to One Hundred Thousand (100,000) shares of the capital stock of _________ Corporation, including advances due from said corporation. It is, however, understood that the assignee shall assume any and all unpaid subscription on the said shares. The assignor hereby irrevocably constitute, name and appoint the assignee to be his/her true and lawful attorney-in-fact to make representations with the corporate secretary and to cause the annotation of this assignment in the books of the corporation. IN WITNESS WHEREOF, the assignor has signed this deed on 7th day of July, 2007 at the City of Manila. DAMI SHARES Assignor SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.) MIRON 2 PLUS: Acknowledgment
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M. Deed of Sale of Registered Land (unilateral) Republic of the Philippines ) Makati City ) s.s. DEED OF ABSOLUTE SALE KNOW ALL MEN BY THESE PRESENTS: I, MA YA MAN, Filipino, single, and resident of _________________________, for and in consideration of the amount of _______________________, paid to me today by MA GU LANG, Filipino, single and resident of ________________ do hereby SELL, TRANSFER and CONVEY absolute and unconditionally unto said MA GU LANG that certain parcel(s) of land, together with the buildings and improvements thereon situated in the City of Makati, and more particularly described as follows: (Technical Description of property/ies; specify metes and bounds of the property/ies with approximate area thereof, as indicated on the face of the title) of which I am the registered owner in fee simple, my title thereto being evidenced by Transfer (or Original) Certificate of Title No. ______, issued by the Register of Deeds of Makati City. It is hereby mutually agreed that the vendee shall bear all expenses for the execution and registration of this deed of sale. IN WITNESS WHEREOF, I have signed this deed this 7th day of July, 2007 at Makati City. MA YA MAN Vendor [Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor is married, then add the following:] With my consent: ASA WA Vendors Wife SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.) MIRON 2 PLUS: Acknowledgment
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N. Deed of Sale of Unregistered Land (unilateral) Republic of the Philippines ) Makati City ) s.s. DEED OF ABSOLUTE SALE KNOW ALL MEN BY THESE PRESENTS: I, MA YA MAN, Filipino, single, and resident of _________________________, for and in consideration of the amount of __________, paid to me today by MA GU LANG, Filipino, single and resident of _______________________ do hereby SELL, TRANSFER and CONVEY absolutely and unconditionally unto said MA GU LANG that certain parcel(s) of land, together with the buildings and improvements thereon situated in the City of Makati, and more particularly described as follows: (Description: state the nature of each piece of land and its improvements, situations and boundaries, area in square meters, whether or not the boundaries are visible on the land by means of monuments or otherwise; and if they are, what they consist of, the permanent improvements, if any, the page number of the assessment of each property for current year or years when registration is made, the assessed value of the property for the year) It is hereby declared that the boundaries of the foregoing land are visible by means of _______________; that the permanent improvements existing thereon consist of _________ (if none, state so); that the land is assessed for the current year at P______________ as per Tax Declaration No. __________, and the buildings and/or improvements , at P____________ as per Tax Declaration No. _________, of the City Assessor of Makati. The above described real estate, not having been registered under Act No. 496 nor under the Spanish Mortgage Law, the parties hereto have agreed to register this instrument under the provisions of Sec. 194 of the Revised Administrative Code, as amended. IN WITNESS WHEREOF, I have signed this deed this 7th day of July, 2007 at Makati City. MA YA MAN Vendor [Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor is married, then add the following:] With my consent: ASA WA Vendors Wife
SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.) MIRON 2 LEGAL FORMS AND WRITING JANEIT PAJILA 85
PLUS: Acknowledgment
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O. Deed of Sale with Pacto de Retro (bilateral) Republic of the Philippines ) Makati City ) s.s. DEED OF SALE WITH PACTO DE RETRO This Deed of Sale with Pacto de Retro made and executed by and between: MA YA MAN, Filipino, of legal age, married to ASA WA, with residence at ___________________ (VENDOR), - and MA GU LANG, Filipino, of legal age, married to BA TAPA, with residence at ____________ (VENDEE); WITNESSETH: That The VENDOR is the absolute owner of a certain parcel of land with all the buildings and improvements thereon, situated in the City of Makati, and more particularly described, as follows: (Copy technical description in TCT/OCT) his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the Register of Deeds of Makati; The VENDOR, for and in consideration of the amount of _________________ Pesos (P_____), to him paid by VENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONVEY under pacto de retro unto the said VENDEE, his heirs and assigns, the property with all the buildings and improvements thereon, free from all liens and encumbrances whatsoever; The VENDOR, in executing this conveyance, hereby reserves the right to REPURCHASE, and the VENDEE, in accepting the same, hereby obligates himself to RESELL the property herein conveyed within a period of ____ years from date of this deed for the same price of ______________ (P____); Provided, however, that if the VENDOR shall fail to exercise his right to repurchase as herein granted within the period provided, then this conveyance shall become absolute and irrevocable, without need of a new Deed of Absolute Sale, subject to the requirements of law regarding consolidation of ownership of real property. IN WITNESS WHEREOF, I have signed this deed this 7th day of July, 2007 at Makati City. MA YA MAN Vendor With my marital consent: consent: ASA WA MA GU LANG Vendee With my marital BA TAPA
SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 LEGAL FORMS AND WRITING JANEIT PAJILA 87
(Sgd.) MIRON 2 PLUS: Acknowledgment
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P. Deed of Repurchase of land sold under Pacto de Retro Republic of the Philippines ) Makati City ) s.s. DEED OF RESALE KNOW ALL MEN BY THESE PRESENTS: I, MA GU LANG, Filipino, married, of legal age, and resident of _______________, for and in consideration of _______________ Pesos (P____), to me paid by MA YA MAN, Filipino, of legal age, married and resident of ___________________, do hereby RESELL, RETRANSFER and RECONVEY unto said MA YA MAN that certain parcel of land, with all the buildings and improvements thereon, situated at Makati City, and more particularly described, as follows: (Copy technical description in title) covered by Transfer (or Original) Certificate of Title No. ____ of the Registry of Deeds of Makati, and which property was previously sold to under pacto de retro by the said MA YA MAN on _____________, executed before Notary Public __________ and bearing Notarial Registration No. ___, Page No. ____, Book No. ____ and Series of 20__ of his Notarial Register, a copy of which is attached as ANNEX A. IN WITNESS WHEREOF, I have signed this deed this 7th of July, 2007 at Makati City. MA GU LANG Vendor [Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor is married, then add the following:] With my consent: BA TAPA Vendors Wife SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.) MIRON 2 PLUS: Acknowledgment
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Q. Deed of Sale with Mortgage Republic of the Philippines ) Makati City ) s.s. DEED OF SALE WITH MORTGAGE This Deed of Sale with Pacto de Retro made and executed by and between: MA YA MAN, Filipino, of legal age, married to ASA WA, with residence at ___________________ (VENDORMORTGAGEE), - and MA GU LANG, Filipino, of legal age, married to BA TAPA, with residence at ____________ (VENDEEMORTGAGOR); WITNESSETH: That The VENDOR-MORTGAGEE is the absolute owner of a certain parcel of land with all the buildings and improvements thereon, situated in the City of Makati, and more particularly described, as follows: (Copy technical description in TCT/OCT) his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the Register of Deeds of Makati; The VENDOR, for and in consideration of the amount of _________________ Pesos (P_____), to him paid by VENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONVEY unto the said VENDEE, his heirs and assigns, the property with all the buildings and improvements thereon, free from all liens and encumbrances whatsoever; It is hereby agreed and stipulated that the UNPAID BALANCE OF ____________ Pesos (P____), of which amount _________________Pesos (P_____) shall be paid by the VENDEE-MORTGAGOR to the VENDOR-MORTGAGEE at the latters residence, as follows: (State manner of payment) In order to guarantee the fulfillment of the above obligations, the VENDEE-MORTGAGOR does hereby MORTGAGE unto the said VENDORMORTGAGEE, his heirs and assigns, the property described, together with all the buildings and improvements thereon, under the express stipulation that if the said VENDEE-MORTGAGOR shall pay or cause to be paid unto the VENDOR-MORTGAGEE the obligations, then this Mortgage shall be of no further force and effect; otherwise, the same shall remain in full force and effect and shall be enforceable in the manner prescribed by law. IN WITNESS WHEREOF, I have signed this deed this 7th day of July, 2007 at Makati City. MA YA MAN Vendor MA GU LANG Vendee 90
With my consent: ASA WA Vendors Wife
With my consent: BA TAPA Vendees Wife
SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.) MIRON 2 PLUS: Acknowledgment
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R. Dacion en Pago (Deed of Assignment of Real Estate in payment of debt) DEED OF ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS: This Deed of Assignment, made and executed by and between DAMI UTANG, Filipino, of legal age, married to ALANG MALAY, with residence at _____________ (ASSIGNOR) and DAMI LUPA, Filipino, of legal age, married to BIL MOKO, with residence at _______________ (ASSIGNEE), WITNESSETH: That the ASSIGNOR is indebted to the ASSIGNEE in the sum of ___________ Pesos (P______) and in full payment and complete satisfaction thereof hereby assign, transfer and convey unto the ASSIGNEE that certain real estate with all the buildings and improvements thereon, situated in ___________, and more particularly described as follows: (Description of property assigned) of which real estate the ASSIGNOR is the registered owner, his title thereto being evidenced by Transfer (or Original) Certificate of Title No. ____________ of the Register of Deeds of _____________. That the ASSIGNEE does hereby accept this assignment in full payment of the above-mentioned debt of ______________ Pesos (P_________). IN WITNESS WHEREOF, the parties have signed this Deed on 7 July 2007 at Makati City. DAMI UTANG Assignor With my marital consent: ALANG MALAY Assignors Wife PLUS: Acknowledgment DAMI LUPA Assignee BIL MOKO Assignees Wife
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S. Chattel Mortgage Republic of the Philippines ) Makati City ) s.s. CHATTEL MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That I, DAMI KOTSE, of legal age, married and resident of Makati, for and in consideration of the loan of FIVE HUNDRED THOUSAND PESOS (P500,000.00), granted to me by YAMAN NYA, also of legal age, married and resident of Makati, to be paid one (1) year from date hereof, have transferred and conveyed by way of chattel mortgage unto said YAMAN NYA, his heirs, successors and assigns, free from all liens and encumbrances that certain motor vehicle, at present in my possession at my address, more particularly described as: Model/Make No./Color Chassis No. Engine No. : BMW 738i (1998), racing green; : 00000001111; : 00000001111;
of which I am the true and absolute owner by title thereto, being evidenced by Registration Certificate of Motor Vehicle No. ______ issued in my name by the Land Transportation Office on __________________. This chattel mortgage has been executed in order to secure the full and faithful payment of my obligation to YAMAN NYA in accordance with the terms and conditions of this instrument; Upon payment, this contract shall become null and void; otherwise, it shall continue in full force and effect and may be foreclosed in accordance with law. IN WITNESS WHEREOF, I have signed this instrument on 7 July 2007 at Makati City. DAMI KOTSE Affidavit of Good Faith We severally swear that DAMI KOTSE, mortgagor, and YAMAN NYA, mortgagee, have executed the foregoing Chattel Mortgage in order to guarantee as good and binding the obligations mentioned above and is not intended to defraud creditors. YAMAN NYA DAMI KOTSE Signed in the presence of: UZI 1 PLUS: Acknowledgment UZI 2
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VII.
APPEALS AND OTHER RESORTS TO APPELLATE COURTS IN CRIMINAL AND CIVIL PROCEDURE A. Ordinary appeals 1. in civil cases a. from MTC (in original jurisdiction) to RTC (in appellate jurisdiction) Checklist: 15 days from notice of judgment or final order Notice of Appeal (Rule 40, Sec. 3) o Parties o Judgment or final order appealed from o Material dates showing timeliness of appeal Proof of payment of appellate court docket and other lawful fees (Rule 40, Sec. 4) Memorandum for Appellant and Appellee (Rule 40, Sec. 7) b. From RTC (in original jurisdiction) to CA Checklist: 15 days from notice of judgment or final order Notice of Appeal Brief for Appellant o Subject Index of the matter in brief o Assignment of Errors o Statement of the Case o Statement of the Facts o Statement of the Issues o Argument o Relief o Copy of judgment or final order appealed from Brief for Appellee (same as Brief for Appellant, except copy of judgment) Appellants Reply Brief Memorandum (in special cases) o Statement of the Case o Statement of the Facts o Statement of the Issues o Argument o Relief 2. in criminal cases a. From MTC (as trial court) to RTC (in appellate jurisdiction) Checklist: 15 days from notice of judgment or final order Notice of Appeal Appellants Brief/Memorandum Appellees Brief/Memorandum b. From RTC (as trial court) to CA Checklist: 15 days from notice of judgment or final order Notice of Appeal Appellants Brief/Memorandum Appellees Brief/Memorandum LEGAL FORMS AND WRITING JANEIT PAJILA 94
c. From RTC (as trial court) to SC Checklist: 15 days from notice of judgment or final order Notice of Appeal Appellants Brief/Memorandum Appellees Brief/Memorandum
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B. Petitions for Review 1. From RTC (as appellate court) or from quasi-judicial agencies to CA Checklist: 15 days from notice of judgment or final order extension of 15 days only Full names of petitioner and respondent Statement of Material Dates Statement of Material Averments Statement of Issues, Errors of Fact or Law Argument Verification and Certification against Forum Shopping Attachments o Certified true copy or duplicate original copy of judgment/final order questioned o Clear and legible copy of all pleadings and other material portions of the record Proof of Service and Explanation for Service by Registered Mail (if applicable) 2. From RTC (on pure questions of law) or CA (in appellate jurisdiction) to SC Checklist: 15 days from notice of judgment or final order extension of 30 days Names of petitioner and respondent (without impleading the lower court/judge/justice) Statement of Material Dates Material Allegations, Reasons or Arguments for allowance of petition Verification and Certification against Forum Shopping Attachments o Certified true copy or duplicate original copy of judgment/final order questioned o Clear and legible copy of all pleadings and other material portions of the record Proof of Service and Explanation for Service by Registered Mail (if applicable)
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SUI GENERIS EXCLUSIVE NOTES (SGEN)

LEGAL FORMS AND WRITING

JANEIT MORALLOS PAJILA

LEGAL FORMS AND WRITING JANEIT PAJILA

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L. Acknowledgment Republic of the Philippines City of Manila ) ) s.s.

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[Address] PLUS: [8] Verification and Certification against Forum Shopping

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3. Complaint for Replevin

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Copy furnished: Atty. MA BOLA Counsel for Plaintiff

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Republic of the Philippines City of Makati

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1. [7] Request for and Notice of Hearing 2. [8] Proof of Service

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- versus PADME AMIDALA, Defendant. x -------------------------------- x

For: Legal Separation

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SPECIAL POWER OF ATTORNEY

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ANG BAHAY Lessee