Escolar Documentos
Profissional Documentos
Cultura Documentos
Legal Forms
SUMMER REVIEWER
SS the abbreviation of Scilicet means to wit; namely. It is used to particularize a general statement. The
omission of SS, in a legal document is not material so as to invalidate it.
I. CONTRACT FORMS
A. JURAT
It is that part of an affidavit where the officer certifies that the same was sworn before him. It is used in
affidavits, certifications verifications or whenever the person executing makes a statement of facts or attests to
the truth of an occurrence of an event, under oath.
SUBSCRIBED AND SWORN to before me this day of______, 2007 the affiant exhibiting to me his
Community Tax Certificate No.________ issued at Manila on January 2, 2006.
Advisers: Poncevic Ceballos; Head: Maria Felicitas Ele; Understudies: Felippe Mart Closa, Judith Lee
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B. NOTARIAL ACKNOWLEDGMENT
ACKNOWLEDGEMENT It is the act of one who has executed a deed, in going before some competent
officer or court and declaring it to be his act or deed. An acknowledgement is to authenticate an agreement
between two or more persons, or where the document contains a disposition of property
BEFORE ME, this ___ day of ________, 20__ in the Municipality of ____________, Province of
_________________, Philippines, personally appeared ____________________, with Residence Certificate
No. ____________ issued at ___________, __________, on __________, known to me to be the same person
who executed the foregoing instrument, and he acknowledged to me that the same is his free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day, year and
place above written.
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Page No._____
Book No._____
Series of 20__.
C. DEED OF SALE
1. REGISTERED LAND
DEED OF ABSOLUTE SALE
I, __(seller)__, of legal age, married to __________, Filipino citizen, and a resident of ___________, in
consideration of the sum of __________ PESOS (P______), to me in hand paid by __(buyer)__, of legal age,
married to _________, Filipino citizen, and resident of _________, do hereby sell and convey unto said
__(buyer)__, his heirs and assigns, a parcel of land with the improvements thereof situated in __________, and
more particularly described as follows:
(Description)
of which I am the registered owner in accordance with the Land Registration Act, as amended, my title thereto
being evidenced by Original/Transfer Certificate of Title No. _____ issued by the Register of Deeds of _______.
IN WITNESS WHEREOF, I have hereunto signed these presents at the city of ________, on this __
day of ______, 2007.
____________________
(Vendor)
_____________________
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__________________________
__________________________
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ACKNOWLEDGMENT
2. PERSONAL PROPERTY
BILL OF SALE
I, __(seller)__, of legal age, residing at ________________, for and in consideration of the sum of
_________________ PESOS (P__________), Philippine currency, to me paid by__(buyer)__, also legal age
and residing at _______________, receipt whereof is hereby acknowledged, do hereby SELL and CONVEY
unto the said __(buyer)__, his heirs and assigns, the following property:
(Description of Property)
I further covenant with the said __(seller)__ that I own and have the right to sell and transfer the title
and ownership of the abovedescribed property; I will defend the same against the claims of any and all
persons whatsoever.
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of __________, 2007,
____________, Philippines.
_________________
(Vendor)
__________________
ACKNOWLEDGMENT
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D. CONTRACT OFare
LEASE
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CONTRACT OF LEASE
__(full name of lessor)__, of age, single / married, with residence and post-office address at
_____________________________; hereby leases unto __(lessee)__ of age, single / married, that certain
premises at _________________, under the following terms and conditions:
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2. That the monthly rental of the leased premises shall be _______________ payable in advance within
the first five (5) days of the month;
3. That the premises leased have been received by the lessee in good, habitable conditions;
4. That all the ordinary repairs within the premises that arise in the daily use of the facilities therein shall
be for the sole account and expense of the lessee, without right to reimbursement;
5. That the lessee shall use the leased premises exclusively for family dwelling, and shall have no right
to use the same for business purposes;
6. That the lessee is expressly prohibited to sublet the leased premises to any one, without the express
consent of the lessor in writing;
7. That all charges for water, light, gas, telephone used within the premises shall be at the sole account
of the lessee;
8. That the lessee shall be responsible for the observance of sanitary and electrical regulations required
or imposed by the city or government authorities regarding the use and habitation of the leased premises;
9. That the lessee shall notify the lessor at least 30 days in advance should the lessee decide to
abandon the leased premises;
10. That violation of any of the above terms and conditions will produce ipso facto the rescission of this
contract of lease.
IN WITNESS WHEREOF, the parties hereto have signed this contract of lease this ___ day of
________________, 2007, in the City of ____________, Philippines.
_________________ ___________________
(Lessor) (Lessee)
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WITNESSES:
_______________________
_______________________
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ACKNOWLEDGMENT
E. DEED OF DONATION
DEED OF DONATION
and
WITNESSETH:
That the DONOR is the absolute owner of that certain real property situated at ____________________and
more particularly described in Transfer Certificate of Title No. _______ of the Register of Deeds of ________,
as follows:
(Description of property)
That, for and consideration of the love and affection of the DONOR for the DONEE (insert consideration for
the donation such as for faithful services the donee rendered the donor), the said DONOR by theses presents
does hereby TRANSFER AND CONVEY by way of DONATION, unto the said DONEE, the above-mentioned
real property, free from all kinds of liens and encumbrances whatsoever;
That the DONEE does hereby ACCEPT the foregoing donation of the above-described property for which
he/she expresses his/her sincerest
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DONOR. are needed to see this picture.
IN WITNESS WHEREOF, the parties hereto have signed these presents, at _______ City, this ___ day of
__________, 2007.
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________________________ ________________________
(Donor) (Donee)
WITNESSES:
______________________
______________________
ACKNOWLEDGMENT
E. PROMISSORY NOTE
DATE_________________
P_________________, Philippines
_______months (or days) after date, I promise to pay, for value received, to ___________ or order the sum
of_____________________ PESOS, with interest at _____ percent per annum until fully paid. The makers and
indorsers severally waive presentment for payment, protest and notice of non-payment of this note.
___________________
(Maker)
F. BILL OF EXCHANGE
For value received, pay to __(payee)__ or order the sum of __________ (P_________) PESOS,
Philippine Currency, and charge the same to the account of __(drawer)__.
_____________________
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WITNESSESTH:
That the MORTGAGOR does hereby convey by way of REAL ESTATE MORTGAGE unto the
MORTGAGEE the following described real property, situated in ______________________, together with all
the improvements, to wit:
(Description)
of which real property the MORTGAGOR is the registered owner in accordance with the provisions of the Land
Registration Act, his title thereto being evidenced by Transfer / Original Certificate of Title No.
_______________, of the land registry of ______________;
That this real estate mortgage is given as security for the payment to the mortgagee of a certain
promissory note, dated ______________ for the sum of ___________ PESOS (P ______________), with
interest thereon at the rate of ___________ per centum (__%) per annum, according to the terms thereof and
in the words and figures as follows:
That the conditions of this REAL ESTATE MORTGAGE are such that if the mortgagor shall well and
truly pay or cause to be paid unto the mortgagee the aforesaid sum with accrued interest, 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 provided by law.
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IN WITNESS WHEREOF,
are needed the mortgagor has hereunto set his hand, this __ day of ________________,
to see this picture.
____________________ ____________________
(Mortgagor) (Mortgagee)
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_________________________
ACKNOWLEDGMENT
H. CHATTEL MORTGAGE
This CHATTEL MORTGAGE, made and executed by __(mortgagor)__, Filipino, of legal age, single (or
married to __________________), with residence and post-office address at _______________________
hereinafter called the MORTGAGOR in favor of __(mortgagee)__, Filipino, of legal age, single (or married to
____________________), with residence and post-office address at __________________ hereinafter called
the MORTGAGEE,
Witnesseth:
That the MORTGAGOR does hereby convey by way of chattel mortgage unto the MORTGAGEE the
following described personal property, situated and ordinarily kept at ___________________ and presently in
the possession of the said MORTGAGOR, to wit:
That this CHATTEL MORTGAGE is given as security for the payment to the MORTGAGEE, of a certain
promissory note, dated ____________________, for the sum of _____________ PESOS (P___________),
with interest thereon at the rate of __________________ (__%) per centum per annum, according to the terms
thereof, and in the words and figures following:
That the condition of this CHATTEL MORTGAGE is such that if the said MORTGAGOR, his heirs,
executors, or administrators shall well and truly perform the full obligation above stated according to the terms
thereof, then this CHATTEL MORTGAGE shall be null and void; otherwise, it shall remain in full force and effect
and shall be enforceable in the manner provided for by law.
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IN WITNESS WHEREOF, the MORTGAGOR has hereunto set his hand, this __ of ______________,
2007, in _________________, Philippines.
________________________
(Mortgagor)
_________________________
ACKNOWLEDGMENT
WE, the undersigned MORTGAGOR and MORTGAGEE, severally swear that the foregoing chattel
mortgage is made and executed for the purpose of securing the obligation specified therein, and for no other
purpose, and that the same is a just and valid obligation, and one not entered into for the purpose of fraud.
_______________________ ______________________
(Mortgagor) (Mortgagee)
JURAT
I. PLEDGE
PLEDGE
This AGREEMENT, made and entered into this ___ day of __________, 2007 by and between
__________ of age, single, and residing at _________________, Philippines, now and hereinafter called the
Pledgor, and _______________________ likewise of age, married, and residing at
________________________, Philippines, now and hereinafter called the Pledgee.
That WHEREAS, the Pledgor has executed a promissory note dated ______, 2007, in favor of the
Pledgee and made payable within ____ (__) days after date at ________________, Philippines, for amount of
___________________ (P_______) Pesos, Philippine Currency;
WHEREAS, the Pledgor has agreed with the Pledgee to secure the payment of the said note;
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NOW THEREFORE, in consideration of the premises and mutual covenants herein contained, the
Pledgor has, as a collateral security for the payment of the aforementioned note and by way of pledge,
deposited with the said Pledgee the following personal property of his own exclusive ownership, and of which
he has the free disposal, to wit:
(Description of Property)
And the said parties to this instrument agree that the Pledgee who acknowledges receipt of the
aforementioned personal property of the Pledgor shall take good care of the said property until redeemed by
the said Pledgor;
That should the said note or any part thereof, or interest to grow thereon, remain due and unpaid, after
the said note shall have been due, according to the terms thereof, the said Pledgor, irrevocably empowers and
authorizes the said Pledgee, his heirs, executors, administrators and assigns, to sell or dispose of the above-
mentioned property or any part thereof at public auction as provided for in Article 2112, of the Civil Code, from
the proceeds of such sale to pay the principal and interest of the said note, and all such costs as may be
incurred by virtue of such sale; and
That in case of deterioration or fall in the price or market value of the personal property herein pledged,
the Pledgor hereby agrees to put up additional security in proportion to the deterioration or fall in market value
of the same, and in default of which, the said note shall be considered due and payable under the above
stipulation; but in the event of payment of said note and interests due therefrom,this agreement is to be void,
and the above-named securities are to be returned to the Pledgor.
IN WITNESS WHEREOF, we have set our hands this __ day of _____, 2007 at ___________,
Philippines.
______________________________
Pledgor
_______________________________
Pledgee
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_________________________
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_________________________
ACKNOWLEDGMENT
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SEE Art. 1878 of the New Civil Code for the instances for special power of attorney.
1. That I, __(principal)__, Filipino citizen, of legal age, single (or married to __________), residing at
_________________ have filed a complaint for damages against _____________, Civil Case No. ____,
Regional Trial Court of _______;
3. That in view of the fact that I cannot attend said pre-trial because I am making a business trip to
Japan, I have authorized by these presents my counsel, __(counsels name)__, of legal age, single (or
married), residing at ________________ to be my true and lawful attorney, for me and in my name, place, and
stead for the pre-trial _________________, to represent me and giving him full powers to enter into pre-trial
and stipulate facts in accordance with law.
IN WITNESS WHEREOF, I have hereunto set my signature this, __ day of _______, 2007 at
________.
________________________
Principal
Witnesses:
________________________
________________________
K. ASSIGNMENT
DEED OF ASSIGNMENT
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______________________
(Assignor)
_______________________
(Assignee)
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_______________________
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_______________________
ACKNOWLEDGMENT
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SECRETARYS CERTIFICATE
I, Katerina Staahl, Filipino, of legal age, with office address at 1434 Ayala Avenue, Makati City, after
being sworn in accordance with law, do hereby depose and state as follows:
1. That I am the incumbent Corporate Secretary of Disk Drives Unlimited, a corporation duly organized
and existing under Philippine laws, with principal office at 1434 Ayala Avenue, Makati City,;
2. That during the special meeting of the Board of Directors held on 5 January 2007, wherein a quorum
was present and acted throughout, after being informed of the necessity of obtaining loans and/or credit
accommodation with any banking/ lending institution, to generate funds for the purpose of expanding
the business of exporting hard disk drives, the Board approved the following resolution, to wit:
letters of credit, promissory note, draft, surety agreement, trust receipt, mortgages,
pledge, assignment, and the like, including the
renewals/extensions/increase/amendments/restructuring thereof, in order to effectuate
the foregoing matters.
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3. That the foregoing Resolution remains valid and has not in any manner been novated, revoked, nor
repealed to date.
___________________________
Corporate Secretary
A. CAPTION
REPUBLIC OF TE PHILIPPINES
SUPREME COURT
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B. TITLE
BITOY VALENZUELA
Plaintiff,
x------------------------------------------------x
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* For civil cases file before ordinary courts. Use Crim. Case No. for criminal cases and Sp. Proc No. for
Special Proceedings cases. If filed before the Supreme Court or the Court of Appeals, use G. R. No., or CA-GR
No., respectively.
C. SIGNATURE OF COUNSEL
BITOY VALENZUELA
Counsel for ___(plaintiff/ defendant)__
Address: _______________
Roll of Attorney No. _______________
IBP No. ____________, issued
on _______ at __________.
PTR No. _____________, issued
on _______ at __________.
D. PROOF OF SERVICE
Name of Counsel
Cousel for Plaintiff / Defendant (adverse party)
Roll of Attorneys No. ______
IBP OR No. ______, issued on ______ at _________.
PTR OR No. ______, issued on ________ at ________.
E. NOTICE OF HEARING
It is important to note that the a notice of hearing shall be required only to petitions or motion before trial courts,
such as the MTC and the RTC, and not to the CA and the SC.
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Name of counsel
Counsel for __(adverse party)__
Address: ___________________
Sir / Maam:
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Please be informed that the undersigned counsel has set the foregoing motion (or petition) for hearing on
______ at 8:30 a.m. for the consideration of the Honorable Court or soon thereafter as counsel may be heard.
Signature of Counsel
F. EXPLANATION
EXPLANATION 1
Copy of the foregoing complaint was served upon defendants counsel by registered mail, personal
service not being practicable at the present time, due to the messengerial constraints.
G. VERIFICATION
VERIFICATION It is an averment by the party making a pleading that he is prepared to establish the truth of
the facts which he has pleaded. A pleading is verified by an affidavit stating that the person verifying has read
the pleading and that the allegations thereof are true of his own knowledge.
Verifications based on information and belief, or upon knowledge, information, and belief shall be deemed
insufficient. (Rule 7, Sec. 6, Revised Rules of Court)
__(Name of affiant)__, after being sworn in accordance with law, deposes and says: That he (her) is
the petitioner in the above-entitled case; that he has caused the (above) foregoing petition (complaint) to be
prepared and has read the contents thereof; that the allegations therein are true and correct of his (her) own
knowledge.
___________________________
Affiant
JURAT
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1
Necessary when service is by means other than personal service.
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1. I have not heretofore commenced any action or proceeding involving the same issues before
the Supreme Court, the Court of Appeals, or any other tribunal or agencies;
2. To the best of my knowledge, no such action or proceeding is pending in the Supreme Court,
Court of Appeals, or any of their Divisions, or in any other tribunal or agency
- Or -
[To the best of my knowledge, an action or proceeding involving the same issues is pending in
the (name of the court) in (title and number of case), and its present status is (status of pending case)
3. If I should hereafter learn that a similar action or proceeding has been filed or is pending before
the supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report such
fact within five (5) days therefrom to the Honorable Court.]
_____________________
(Signature of Plaintiff)
JURAT
I, ___________, of legal age, after being sworn in accordance with law, depose and state that:
1. I am the plaintiff in this case. I have been duly authorized to execute this verification and
certification.
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2. I have are
read the contents of the complaint and attest that the same are true and correct based on
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3. To the best of my/plaintiff's knowledge, no other similar action is pending in the Supreme Court ,
the Court of Appeals, Regional Trial Court Metropolitan and Municipal Trial Court, or any other
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tribunal or agency, I/plaintiff hereby undertake to report that fact to this Honorable Court within five
(5) days from discovery.
_____________________________
(Signature of Complainant)
________________,
Plaintiff,
x------------------------------------x
(TITLE)
(Plaintiff/Defendant), through Counsel, unto this Court, respectfully alleges:
(Body)
- Allegations -
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(Prayer)
WHEREFORE, it is respectfully prayed that____________________.
(Plaintiff/Defendant) prays for such other reliefs as this Honorable Court may deem just and equitable.
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Signature of Counsel
VERIFICATION, if required
PROOF OF SERVICE
EXPLANATION
CIVIL
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COMPLAINT
1. Plaintiff ______________ (hereafter Plaintiff) is a Filipino citizen, of legal age, married and
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residing at ____________________ where he may be served with court processes, motions, and decision;
3. That on August 1, 1990, defendant executed a promissory note in favor of the plaintiff in the
amount of P________ payable within 30 days from the date of the promissory note (attached as Annex A)
which reads as follows:
Manila, Philippines
1 August 1990
I promise to pay Juan dela Cruz the sum of P50,000 or order within 30 days from this
date.
PEDRO REYES
4. That the 30-day period had elapsed and despite demands made orally and in writing (attached
as Annex B) by the plaintiff, defendant refused and failed to pay the amount stated in the promissory note.
5. That due to the unjust refusal of defendant to comply with the demands, plaintiff was compelled
to file the instant action engaging the services of counsel in the amount of P10,000.00.
WHEREFORE, plaintiff respectfully prays for judgment in his favor through a Decision directing
defendant to pay him FIFTY THOUSAND PESOS (P50,000.00), with legal interest, as ACTUAL DAMAGES and
TEN THOUSAND PESOS (P10,000.00) as Attorneys Fees.
Signature of Counsel
COMPLAINT
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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.
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 1995,
which contract expires on 31 December 1996. 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. 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 (PHP50,000.00).
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.
Signature of Counsel
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COMPLAINT
COMES NOW, the plaintiff through undersigned counsel, and to this Honorable Court respectfully
alleges:
1. That plaintiff is married, Filipino citizen and residing at _______________ where he may be
served with court processes, motions, and decision while defendant is a Filipino citizen, married and residing at
____________________ where he may be served with summons and other court processes;
2. That plaintiff is the owner of a land over which an apartment had been constructed, located at
436 Rizal Avenue, Manila;
3. That by virtue of a contract of lease, plaintiff leased unto the defendant the aforesaid apartment
for a consideration of P5,000.00 (Five Thousand Pesos) a month as rental to be paid within the first ten days of
each month starting December 1, 2006;
4. That defendant failed to pay the agreed rental for several months starting from February 2007
up to the present;
5. That on April 2, 1993, plaintiff sent a letter of demand to vacate the apartment which was
received by the defendant as shown in the registry return receipt hereto attached;
6. That despite said letter of demand which was repeated by oral demands defendant failed and
still refused to pay the agreed amount of rentals and to vacate the apartment;
7. That by reason of the failure of the defendant to vacate the premises and to pay the unpaid
rentals, plaintiff was compelled to file this complaint engaging he services of counsel in the amount of P10,000.
WHEREFORE, it is respectfully prayed that judgment be rendered ordering the defendant to vacate the
premises to pay the unpaid monthly rentals in the amount of P50,000 and further rentals until the said
defendant fully vacates the premises and to pay the costs of the suit.
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Plaintiff prays for such other remedy, as this Honorable Court may deem just and equitable.
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Signature of Counsel
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________________,
Complainant,
x------------------------------------x
COMPLAINT
I hereby complain against respondent ____________ for violation of my rights and interest committed
in the following manner:
(Body)
- Allegations -
(Prayer)
Summons and notices of hearing sent to the parties. If the parties could not settle their dispute, the Pankat
Secretary of the Office of the Lupon Tagapamayapa shall issue a Certificate to file action.
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ANSWER
COMES NOW, the defendant, through the undersigned counsel, in the above-entitled case and to this
Honorable Court most respectfully alleges:
1. That by virtue of this unwarranted and malicious act initiated by the plaintiff, the defendant was
forced to engage the services of counsel in the sum of twenty-thousand pesos (P20,000).
WHEREFORE, it is respectfully prayed that the complaint be dismissed and defendant be awarded the
amount of __________ pesos (P _________).
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Signature of Counsel
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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 January 2007 or until 25 January 2007,
within which to submit plaintiffs Reply.
3. This motion is not intended for delay but is motivated only by the foregoing reason.
WHEREFORE, plaintiff respectfully prays that he be granted an additional fifteen (15) days from 10 January
2007, or until 25 January 2007, within which to submit plaintiffs Reply.
Signature of Counsel
NOTICE OF HEARING 2
PROOF OF SERVICE
EXPLANATION
H. APPEARANCE OF COUNSEL
ENTRY OF APPEARANCE
Please enter the appearance of the undersigned as counsel for defendant _______________, with her
2
Notice of hearing shall not be necessary in case of a motion for extension of time filed by defendant to submit answer to a complaint
for the such an extension is a matter of right on the part of the defendant, therefore making a hearing unnecessary.
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express conformity as indicated below, in this case. Henceforth, kindly address all pertinent notices to the
undersigned at the address given below.
RESPECTFULLY SUBMITTED.
Signature of Counsel
WITH MY CONFORMITY:
__________________________
(Defendant)
PROOF OF SERVICE
EXPLANATION
I. WITHDRAWAL OF COUNSEL
WITHDRAWAL OF APPEARANCE
Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff
__________________, 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.
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Signature of Counsel
WITH MY CONFORMITY:
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_________________________
(Plaintiff)
J. Motion to Dismiss
MOTION TO DISMISS
COMES NOW, the defendant, through counsel, respectfully moves this Honorable Court to dismiss the
plaintiffs complaint on the following grounds:
1. That the claim set forth in the plaintiffs complaint has been released;
2. That said claim or demand is unenforceable under the provisions of the statute of frauds.
ARGUMENTS
(a) That the claim or demand set forth in the plaintiffs complaint has been released.
(b) That said claim or demand is unenforceable under the provisions of the Statute of Frauds.
WHEREFORE, in view of all the foregoing, the undersigned attorney prays that plaintiffs complaint to
be dismissed, with costs against the plaintiff.
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
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1. Plaintiff filed this Complaint against defendant on 1 January 2007; summons were served on
defendant on 20 January 2007, as indicated by the Sheriffs Return of even date, a copy of which is attached as
ANNEX A.
2. Defendants reglementary period to file Answer ended on 5 February 2007; no motion for extension
of such period was filed nor was any granted motu propio 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.
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.
Signature of Counsel
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
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1. That the summons issued by this court was served in an address which was not the correct
address of the defendant as he is now living in another city which is _______________;
2. That the defendant was not duly informed about said complaint against him, hence, he was not
able to file the answer;
3. That if properly served with the summons he will file his answer and has a good and valid
defense.
WHEREFORE, defendant respectfully prays the order of default issued by this Honorable Court be
lifted and he be allowed to file his answer and a new trial be held.
Signature of Counsel
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
M. Pre-trial Brief
PRE-TRIAL BRIEF
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.
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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.
3.1. Defendant admits only those facts stated in her Answer, i.e., her personal circumstances, receipt
of the demand letter dated __________ 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.
4.1. Defendant submits that the following issues put forward by plaintiff are subject to proof:
4.2. Defendant submits that the following issues she put forward are subject to proof:
V. EVIDENCE
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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.
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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.
Signature of Counsel
PROOF OF SERVICE
COMES NOW the defendant, by the undersigned counsel, unto this Honorable Court respectfully
states:
That counsel for defendant is afflicted with _____ and is now under the medical care of Dr. Estrada. A
copy of the physicians certificate under is hereto attached.
WHEREFORE, it is respectfully prayed that the hearing set on July 9, 2007 be set to another day
preferably on the first week of August
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Signature of Counsel
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NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
COMES NOW, ___(Name of Intervenor)___, by undersigned counsel and to this Honorable Court
respectfully alleges:
1. (allege facts showing intervenors legal interest in the matter under litigation, and that he may
be adversely affected by the result of the proceedings)
2. Allowing movant to intervene will not unduly delay the adjudication of the case and will prevent
multiplicity of suits
3. Copy of the complaint-in-intervention is attached hereto and is served on the original parties, as
shown by the service of motion along with its enclosed complaint-in-intervention.
WHEREFORE, __(Name of Intervenor)__ respectfully prays that he be allowed to intervene in the case
as party plaintiff; that the attached complaint-in-intervention be admitted; and that defendants be ordered to file
their answer to the complaint-in-intervention.
Signature of Counsel
EXPALANATION
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Sir:
As counsel for plantiff/defendant, may I request that a subpoena/subpoena duces tecum be issued to
____________, with address at _________, to testify (for subpoena ad testificandum) / to testify and bring with
him the following documents (for subpoena duces tecum), which are not confidential nor privileged, and which
are needed in the hearing of the above-entitled case on _________, 2007 at 8:30 a.m. and at any subsequent
hearings, to wit:
The undersigned will pay the legal fees for such purpose.
Signature of Counsel
COMES NOW, plaintiff, through the undersigned counsel, and to this Honorable Court, respectfully
alleges:
1. In defendants answer to the complaint, which is for aa sum of money, he claims that he ahs
paid the principal amount and the remaining issue refers merely to a proper computation of the interest.
However, defendant did not attach to his answer any alleged receipt issued by plaintiff to show his payment
2. The burden of showing payment rests on defendant, by showing receipt of payment, if any. A
verbal claim is not sufficient. In and
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principal amount. While he issued a check as payment of his obligation, the check when deposited was
dishonored for insufficiency of funds. Copy of the returned check is attached hereto as Annex A. Plaintiff duly
informed defendant of the dishonor of his check, but he ignored it, prompting plaintiff to file the instant
complaint.
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3. With respect to the computation of the 12% interest, the same is a matter of mathematical or
arithmetical computation, which raises no factual issue. For this purpose, enclosed is the computation of such
interest, whcih is attached hereto as Annex B.
4. In short, there is no genuine issue of fact which requires full-blown trial.
WHEREFORE, plaintiff prays for judgment, as prayed for in the complaint, and for such other reliefs as
may be just and equitable in the premises.
Signature of counsel
VERIFICATION
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
1. On 5 May 1998, plaintiff sued defendant for a sum of money in the amount of
______________(P_________).
2. Defendant admitted
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the said obligation but that Plaintiff filed this Complaint instead.
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3. The Answer admits the material allegations of the Complaint and has not tendered any issue;
consequently, a judgment on the pleadings may be rendered.
WHEREFORE, plaintiff respectfully prays that this Honorable Court render a judgment on the pleadings
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in her favor.
Signature of Counsel
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
Defendant, by counsel, respectfully submits its formal offer of exhibits in support of its prayer in the
Complaint dated ______________ for the dismissal of the complaint for collection of sum of money with
application for writ of preliminary attachment.
EXHIBITS DESCRIPTION
Exhibit A Confirmation Advice issued to Eugenio Villireal III indicating the
amount of Ten Million pesos (P 10,000,000.00) as the amount of
money lent
Exhibit A-1 The bracketed and sub-marked portion of Exhibit A containing the
signature of Eugenio Villareal III
Exhibit A-2 The bracketed and sub-marked portion of Exhibit A containing the
signature of Raul Gerodias as President and authorized representative
of defendant ABC Capital Corporation
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PURPOSE
The foregoing exhibits are being offered to prove the following facts:
1. Eugenio Villareal III invested Ten Million Pesos (P 10,000,000.00) with Defendant ABC Capital
Corporation and correspondingly, a confirmation advice was issued indicating that plaintiffs money was
lent to XYZ Realty, Inc.
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2. Defendant ABC Capital Corporation have acted merely in plaintiffs behalf and/ or for his benefit, risk
and account without recourse or liability, real or contingent, to the former in respect to the loan granted
to XYZ Realty, Inc.
3. Plaintiff freely and voluntarily signed the Confirmation Advice, such act indicating his conformity to the
terms and conditions of the transaction.
The foregoing exhibits are also being offered as part of the testimony of ABC Capitals witnesses.
Allied Bank respectfully manifests that the foregoing faithful reproductions and originally marked
documentary exhibits are attached hereto and respectfully submitted herewith.
PRAYER
WHEREFORE, it is respectfully prayed that the foregoing exhibits be admitted in evidence for the
purpose/s for which they are offered and as part of the testimony of the witness presented by ABC Capital
Corporation.
Signature of Counsel
PROOF OF SERVICE
2. After a decision has become final, execution is a matter of right on the part if the prevailing
party and a ministerial duty of the court to issue writ of execution.
WHEREFORE, plaintiff prays that a writ of execution be issued for the satisfaction of the judgment
dated __________.
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Signature of Counsel
Sir:
Please submit the foregoing motion for the approval of the Court upon receipt thereof, notice and
hearing not being required.
Signature of Counsel
PROOF OF SERVICE
Please take notice that a parcel of land covered by TCT No. ______ located in _______________;
registered in the name of defendant is the subject matter of an action for reconveyance of an undivided one-
sixth portion thereof filed by__________, above-named plaintiff. Accordingly, please record this notice on the
title.
RESPECTFULLY SUBMITTED.
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Signature of Counsel
PROOF OF SERVICE
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EXPLANATION
COMES NOW, the defendant through the undersigned counsel, and to this Honorable Court
respectfully moves for the reconsideration of the decision dated ___, copy of which was received by him _____,
on the following grounds:
1. The following findings or conclusions in the decision are not supported by the evidence, to wit:
(Copy conclusions and cite law, which does not support the same.)
WHEREFORE, defendant prays that the decision be reconsidered and set aside, and a new one
rendered in favor of herein defendant, to the end that the complaint be dismissed.
Defendant further prays for such other reliefs as may be just and equitable in the premises.
Signature of Counsel
NOTICE OF HEARING
EXPLANATION
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3
W. Motion for New Trial on the Ground of Fraud, Accident, Mistake or Excusable Negligence
COMES NOW, the defendant through the undersigned counsel and to this Honorable Court,
respectfully alleges:
WHEREFORE, defendant prays that the decision be reconsidered, that he be granted a new trial, that
the case be set for pre-trial and trial on the merits, and thereafter a new judgment be rendered holding
defendant free and harmless from any liability and dismissing the complaint
Signature of Counsel
VERIFICATION
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
4
X. Motion for New Trial on the Ground of Newly Discovered Evidence
3
Requires affidavits of merits.
4
Must be supported by affidavits of the witnesses by whom such evidence is expected, or duly authenticated documents which are
proposed to be introduced as evidence.
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COMES NOW, the defendant through the undersigned counsel, and to this Honorable Court,
respectfully alleges:
4. The affidavit of ___(name of witness)__, by whom such newly discovered evidence is expected
to be given, is attached hereto as Annex 1. Duly authenticated documents, which are proposed to be
introduced in evidence, are attached hereto as Annexes 2 and 3.
5. The above newly discovered evidence would probably alter the results of the case.
WHEREFORE, defendant prays that the decision be reconsidered, the case re-opened for trial,
defendant be allowed to present his newly discovered evidence thereat, and thereafter judgment be rendered in
favor of defendant.
Signature of Counsel
VERIFICATION
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
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(Copy Caption and Title)
COMES NOW, the defendant through the undersigned counsel and to this Honorable Court,
respectfully alleges:
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1. The trial court rendered an adverse judgment against him dated __________, which he learned
when plaintiff informed him that he would take steps to execute the same, as it had become final.
2. (Allege facts constituting fraud, accident, mistake, or excusable negligence attending the
promulgation of the judgment)
3. Attached herewith as Annex 1 is an affidavit of defendant attesting to the (e.g. fraudulent
scheme) which prevented his having his day in court and showing his good and valid defenses.
4. The instant petition is filed within sixty (60) days after the petitioner learns of judgment, final
order, or other proceeding to be set aside, and not more than six (6) months after such judgment or final order
was entered, or such proceeding was taken;
WHEREFORE, defendant as petitioner prays that the judgment be set aside, the case re-opened,
defendant be allowed to present his evidence, and thereafter another judgment be rendered in favor of
defendant, dismissing plaintiffs complaint.
Defendant further prays for such other reliefs as may be just and equitable in the premises.
Signature of counsel
VERIFICATION
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
moves this Honorable Court to desist from trying the above-entitled case on the following averments:
2. That it appears that there is danger of partiality, bias and prejudice in favor of the plaintiffs for the
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reason that Honorable Judge John Gomez is related to the plaintiff within the 4th Civil Degree of Consanguinity;
3. That defendant will be prejudiced if the Honorable Judge continues to hear the above-entitled case;
4. That it is necessary that the Honorable Judge inhibit himself so as to promote the administration of
justice.
WHEREFORE, in view of the foregoing, the undersigned counsel prays that Honorable Judge John
Gomez inhibit himself and be disqualified from hearing and trying the above-entitled case.
Signature of Counsel
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
COMES NOW the petitioner by the undersigned attorney, and unto this Honorable Court, respectfully
alleges:
1. (State the capacity and residence of the petitioner, and of the respondent).
2. (State the facts and circumstances under which the respondent (tribunal, board, or officer
exercising judicial functions) hasandacted
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3. (State that there is no appeal from such decision, nor any plain, speedy, and adequate remedy
in the ordinary course of law.)
4. That a certified true copy of the decision (or order) herein sought to be reviewed is hereto
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attached as Annex A, together with copies of all pleadings and documents relevant and pertinent thereto.
WHEREFORE, it is respectfully prayed, that a writ of certiorari be issued, ordering the proceedings
herein complained of to be forthwith certified upon for review (with prayer for a preliminary injunction as the
case may be, for the protection of the rights of petitioner pending such proceedings), and after due hearing, let
judgment be rendered annulling or modifying the proceeding of (the defendant tribunal, board or officer) as the
law requires, with costs.
Signature of Counsel
2. (If applicable, state the date on which copy of Decision was received and/or Resolution on Motion for
Reconsideration, if filed, denied.)
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.)
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, nor any plain or adequate speedy remedy in the ordinary
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6. A certified true copy (or duplicate original copy) of the Decision under review is attached as ANNEX
A.
Signature of Counsel
PETITION
COMES NOW, the petitioner, by the undersigned counsel, and unto this Honorable Court, respectfully
alleges that:
1. The petitioner is of legal age, (State capacity and residence of both the petitioner and
respondent);
2. (State the facts and circumstances whereby the respondent 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. The petitioner has no other plain, speedy and adequate remedy in the ordinary course of law,
other that this action;
4. The petitioner by reason of the wrongful act of the respondent has sustained damages in the
sum of ___________PESOS (P____________)
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WHEREFORE, it is respectfully prayed that after due notice and hearing, a Writ of Mandamus be
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issued, commanding the respondent forthwith to: (state act required to be done), with damages and costs.
Signature of Counsel
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COMES NOW, petitioner _____________, through counsel, unto this Court, respectfully alleges:
3. That on _____________ the office of the register of Deeds of ____________ was burned and
all the Torrens Titles in said office including T.C.T. No. _______ were burned;
VERIFICATION
SPECIAL PROCEEDINGS
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(Copy Title)
Kwame Valenzuela,
Petitioner.
x----------------------------------------------------x
PETITION
COMES NOW, the petitioner through the undersigned counsel and to this Honorable Court, respectfully
alleges;
1. Petitioner is of legal age, widow of the late Bitoy Valenzuela, and with residence at
________________, her husband having died on _______________ leaving no will, in the City of Manila and
resided at ______________, which haw his last residence at the time of his death.
2. The deceased was survived by his wife, herein petitioner, and two children with following
names, ages and addresses:
(List the names of the heirs and their corresponding ages and addresses.)
As far as petitioner knows, the following are the names and residences of the r elatives of the
deceased:
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WHEREFORE, petitioner prays that after notice, publication and hearing, petitioner be issued letters of
administration of the estate of her late husband, Bitoy Valenzuela, and for such other reliefs as are provided in
the Rules of Court.
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Signature of Counsel
VERIFICATION
The petitioner, through counsel, and unto this Honorable Court, respectfully avers that:
WHEREFORE, it is respectfully prayed that, after due notice and publication in accordance with the
Rules of Court and hearing this Honorable court adjudge that the petitioners name of ___________ be
changed to_______________.
Signature of Counsel
VERIFICATION
COMES NOW the Petitioner, ____________, by the undersigned counsel, and unto this Honorable
Court, respectfully submits:
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1. That petitioner is a Filipino citizen, of legal age, with address at ______________ and the
respondent is a Filipino citizen, of legal age, with address at _________________.
2. That the petitioner, ___________, in whose behalf this application is being made, is actually
restrained of his liberty by the respondent, ____________ at the latters residence at ____________________.
4. That such restraint of liberty and the confinement of the petitioner under the circumstances state are
without legal authority;
5. That the petitioner through counsel has exhausted all efforts available at law, and that he has no
other plain, speedy, and adequate remedy to protect his personal rights except by his application for a Writ of
Habeas Corpus.
WHEREFORE, your petitioner respectfully prays that a Writ of Habeas Corpus be issued by this
Honorable Court, directed to respondent ____________ or any other person acting under his authority,
commanding the latter to have the body of ___________ before this Court at the time and place therein
specified, and to summon the respondent ________________ then and there to appear to show cause of the
detention of said _________________; ________________; and that after due proceedings, the said
___________________ be restored to his liberty and forthwith discharged from confinement.
Petitioner further prays for such other relief as this Honorable court may deem just and equitable under
the premises.
Signature of Counsel
VERIFICATION
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CRIMINAL
A. Complaint-affidavit
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COMPLAINT-AFFIDAVIT
I, _________, of legal age, Filipino, and resident of ___________________, do hereby state under oath
that:
(Quote Exchange)
3. Prior resort to the Barangay conciliation system proved fruitless as __(respondent)__ 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 __(complainants name)__ residing at ____________ nor is there
any other person named __(complainants name)__, who has acted as Board Member of the Association.
Consequently, __(respondent)__s public and defamatory utterance was clearly a reference to me and to no
other.
5. Respondents 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 respondents use of the word swindled was deliberate as his explanation
and clarification a few utterances thereafter would show. Respondents remarks are also very serious as they
cast aspersions on my reputation, character and very person before my peers and fellow homeowners.
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6. Respondents 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, respondent cannot be allowed to simply go scot-free without bearing the consequences of his acts. For
this reason, I am also holding respondent liable civilly for defaming me in the amount of _____________
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__________________________
Complainant-Affiant
________________________
Investigating Prosecutor
CERTIFICATION
I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIED
THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT.
__________________________
Investigating Prosecutor
MOTION TO QUASH
THE ACCUSED, by counsel, respectfully moves to quash the Information for the crime of theft on the following:
GROUNDS
(Enumerate the ground/s relied upon.)
ARGUMENT
The Information alleges that the accused ________________ 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.
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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.
WHEREFORE, it is respectfully prayed that the Information against the accused be QUASHED and that the
accused be released immediately from detention.
Signature of Counsel
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
C. Demurrer
(Copy Caption and Title)
THE ACCUSED, by counsel, with leave of court previously obtained, respectfully submits this Demurrer
to the Prosecutions Evidence on the ground that the prosecution has failed to adduce sufficient evidence of his
guilt to overcome the presumption of innocence and shift the burden of proof:
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
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2. The prosecution has failed to adduce sufficient evidence of guilt such as would shift the burden of
proof.
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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.
Signature of Counsel
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
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