Eee. ‘os San Meda College of Law, MEMORY A:D isi LEGAL ETHICS AND PRACTICAL EXERCISES | 65 LG de lant rs ees) IN ANSWERING THE EXAM QUESTION! 1, Use neutra! Identifiers like letters "X", “Y" "A", oF fictitious names like “Juan dela cruz’ for persons and the corntry’s capitel *Manlia* for the placa if required by the facts. NEVER use your name as name of a party or notary publi, 2. S.A rule of thumb, a mating ls any aymbol, ‘mark or writing that is uncalled for which has no place In the notebook or answer, or which appears ‘o have been placed by the Bar candidate to Identity his notebook. IN PREPARING THE FORMS IN PRACTICE: A. The Document Size General Ruto: 8.5" x 13° Exceptions: 4. Negotiable instruments 2 Contracts; and 3. Special Power of Attorney Margin: Top atid Loft hand sie: Not les than one and a haif (1 %) inches Right hand: Reasonable margin B. The Notarial Seal: It is impressed at the end Of the document where tha document, page, book numbers and series of the notarial register are indicated, If the document consists of more than one page, it must be impressed on every page thereof. ©, The Form (Non: Litigation Forma) + The declarations can be enumerated by using. (1) WHEREAS before each declaration or (2) by numbering each declaration, ‘+ Inusing the WHEREAS clauses, the form must be ended with a THEREFOHE clause, EXECUTIVE CoMmATTTEE: ERBENRT CAIN ABLGAN overall hale for opeatons, WAN CARLOS NUESTRO vie chat each frees, PEENE XNA ACOSTA ie cha ford ACE LO CONC POC LEGAL ETHICS AND PRACTICAL EXERCISES: MA. MANARANI UWAYA SOPUA subject hat, EOPONVLLE NOCTA WANA GITAU ati DCIMATUGA Ing ethics, MELANIE GAGA eal forms ensaens: + They siat with the sfeareeise KNOW ALL MEN BY THESE PRESENTS, and end in IN WITNESS WHEREOF, + Ifa document needs to be acknowedged, the signature of two witnesses in needed. & Tia Legal Beate and char academies operations, MiNO10 ARIAS Rule 7, ROC Parts of a Pleading: 2, Rule 6 Sector 10 ROG Mannar of Making Allegations in Pleadings; and 8. Rule 8, Sections t and 14, ROC Effect of Failure to Plead ce mt ceca . Th usual commencement of a contract should © ‘This agreement" or “An agreement” or “Anticie of Agreement’, + Although it le better fo state the particular kind of contrect or agreement to be drafted as ‘This morgage", “This Contract of Sale", “This Contract of Lease" Personal Circumstance 4, The FULL names of the parties 2. Their capacities 3. Cit Status 4, Residence, should come next, Note: Logleal order in which the partles are io be nama Inthe doot ment must be ‘Ago Ceymo, Arthur Zapanta, Cectia Maeve Layut, Crystal Mercado, Ei Panza Flor Amor, Herbert Matin, Ira Sogullon, Mn Azo, lerey Hersandes lohnjobn Segabocn, ‘Wisadoy, Male Micaela Sta, Ara eyo, Juan Parl Sania, Joan Pa rs, Ma Theresa Abecantes, March Jeffarcon Fernandes, OllerBan Beda College sf Lary _—- MEMORY AIO IN LEGAL ETHICS AND PRACTICAL EXERCISES} 66 “ji ©. The principal or operational clauses of the document should bo stated in separate, numbered paragraphs. Furpose: To facilitate ready-reference thereto D. Verbosity should ba avoided. F. Specific or technical terms, which nave. ‘special meaninge In the document should bo especially defined, F. Names of partios should bo repeated. The use of pronouns would give se to ambiguity. G. Tho document must be neat, free from erasures, Intolineations, or suspicions of alterations, 7 A. BASIC FORMS Form No, 4. Signature of Co JUAN TAMAD Counsel for Plaintiff (or defendant) Address: #88 Mayaman Si. Villon Vill. Makati City Roll No. ISP No. On PTRNO, on ‘at Number & Date of MCLE Cartiicate of Completion Exempt * As required by Bar Matter No, 1192, Apri 1, 2002, Roll No. ~to assure that the person signing Is a laviyer. IGP No, ~ to show compliance with) Sec. 10 of Rule 139-A that ‘default in the payment of the annual dues for ‘suspens'on of members in the Integrated Bar, and default in such payment for one ‘hx months shal! warrai year shall be 2 ground for removal or the name of the deling Lifetime Membership No. ~ for lawyers who secure and pay lifetime membership fees, TR (Professional Tax Receipt) No. ~ compliance with Sec. 139 of the toca *¥ “BM. 1922, as amended. Effective January 1, 2099. ain oe ent v. Jurat [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 The acknowledgement accerpanies any notarized document that transmits rights or property ‘Two-fold purpose: * to authorize the deed to be niven in evidence without further j,00f of iis execution recorded 1. A clause may be Insorted at the ond of the agreoment that: “This contract shall extend’ and be binding uzon the partes thereto, their executors, ‘administrators and assign: 1, The place and cate of execution of the dosument usually come: stated thu fi “Signed in the City of Mail, Philippines, this” th cay of 20 Guevara, 1 Eattion Revised} eee ‘member ftom the Roll of Attorneys orte oem: i } foes Bed College of Ray MEMORY AD IN LEGAL ETHICS AND PRACTICAL EXERCISES] 67 “ ‘hare used: + toauthenticute an agreement between two or more persons; OR © where the document contains @ disposition of property 4: + affidavits + cettfications + whenever the person executing makes @ statement of facta oF attests to the truth of an event, under oath pubnenlodgment: inh" — abbreviation of “Sellicet." if means “to wit, namely." !tis used to parlicularize & general statement. Jun No. 2. Acknowledgment (Simple Form; 1976, 1994, 2904 BAR EXAMS) Jinm tio 2.4, Ono Signatory 1W] PUBLIC OF THE PHILIPPINES. PROVINCE OF gg, TTY! UNICIPALIFY OF BEFORE ME, this 2° day of March, 2009 In the Aunisipalty of Kalornunsig, Provinee of Sultan Philippines, personally appeeted Juan, Tamad, with *{Vald idenfitcation Document) S38 Me, UT-952 wssund by [an offclat agency] Social Socuuty Systam., on Soptamhar 24, 2007 and Finmmanity Tax Certifeate No. 20234632 kises on Jem sa"v 20, 2009, at Kniamonsig. Sulton Kudaral: ‘how tome to be the same person who executed the fovegaing instrument, aiid who acknowledged nis that the same is his free and voluntary act anv dees eee sree HEREOF. | have hereunto set my band and afixed my noterial seal, on the day, yosr, and place ahove writter, Name: 7 Notary Public for [Municipeliy/CiyiProvince} Offles Address of Notary Publle Appointment No, ‘int fdatel year} Roll of Aitomeys No FTRNo.____:[daie lesved}fplace lesued! IBP No. 7 {date issued] [Chapter] Serial Nov OT Connie ven ay "ag } ish i tne. No. a mt two Ne * : RAY 09 fink No, potins of 2008. 1 410 No, 2.2. Two or More Signstories (Joint Acknowladginendiet {RPUBLIC OF THE PHILIPPINES HROVINCE OF SS. H TYMUNIOIPALITY OF Sy N ” BEFORE ME, Notery Public for and in the Municipotity of Ral ul day of March, 2008, personally appeared: S we With $83 No. 28-297788ssueaby te socel SBIR ununity Tex Certificate No, 1294 issued on January 1. 2069, at" tla Making, wth BSS No 124 85 ace ee 2 | vvwnmunty Tax Centeate No, 4224 lesued on Jaren 2 Zoos, at Kalamans Sr68 |2009 CENTRALIZED BAR OPERATIONS Suni Meda College of aw all known to me to be the same persons win exect ted the feregaing Instiument and they respectively ‘acknowledged 'o me that they sign d the same 3s thelr own free and voluntary act ana deed. IN WITNESS WHEREOF, | have hereunto set my hand on the day, year and at the place above waitten, Name: _ ee Notary Public for [Munic pailty CiiyiPovince) Office Address af Notary Public Appolniment No ___ Uni dat=) Iyear] Rol'of Attorieys Now . PTR Ro, : [dale Betiadl[place Issived] IP No {cate issue] (Chapter) Serial No, Of Commission . oe. No. Pago No, ook No Form No. 2.3, Ackaowindginant py Ci [REPUBLIC OF THE PrP INE Pee PROVINCE OF MUNICIPALITY BEFORE ME, this J lay of Much, 2009. in the Muvicipalty of J sia, Province of ‘Kuch 4 personally cppeared sucin Tania, rpresenting to ho the President (or Manager) of Mages Ing., known to me to be the same person who executed the foreg.iag wstrument for and in behalf 3 the said corporation, and ine acknowledged to me thal tv2 same fy the corpaiate acl and deed of Magazencla ing,, and that he is duly authorized fo sign the same. The sii Juin) Tamia) exhibued to ave his 2076-6543 Issued by Wie Social Security Syston Kalamansig. Sultan Rude! on January 42009, No. 9676, issued at Kalanansig, Sulla Kudargt on Fobruy 14, 2009. IN WITNESS WHEREOF, | have hereunto set my hand on the Jay. yarr and at the place above weitten. Nan 7 item ME PS OF ikdelleslnSHyIRevece} ‘i ‘Address of Notary Publig ppigiment No /Untitatelh ear} vy RallgtAttorneys ores “(Sale ie egghgiace ies” inaved] {Chapter er Boe. Ivo, Page No, Book No. / oe Series of 3608, Note tye 1. Acknowledgment for instruments conveying two [2)or more pagel gf land, included ty@RAeing after the first paragaraph: “AD 3 This instrument ralates to the sale (or mortgee) of __ parcels of ‘soe including the page on which this acknowladgement is wiilfen, each and Very pag) margin, having been signed bySan Reda College of Law HAEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES] 69 2, Ackrowiedgment of instruments consisting of two (2) or mare pages, inciuse the following after the frat paragraph: Th lustrument consisting of __ pone ‘rcluging the page on whieh thls acknowledgment Is written, has Seen signed on the left Margin of each and every page thereat by and his ‘w258es (Hf any0\), and sealed with my Notarial Seal Form No. 3, Jurat (1994 BAR EXAMS) ‘SUBSCRIBED AND SWORN to before mo, in the G ius 2 day ef March 2009, the affiant exhibiting to me his Valid idantincat on Document] SSS agency] Social Securty Sysiom., on March 4. 2007, , nnd Commuinity Tax Cot issued on January 29, 2009, at Makati City. issued by {an offic sate No. 23245544 Nanna: Notary Office Address of Notary Public Appointment No. _____ Until date} Iyear] Roll of Allcrnays fa PTR No. _. {dale issued fplace issued) BP No [diate {ssued} [Chapter] Se tal No. OF Gummistiois Dos. No, Paye Na, Book Na Note: + the affiant is NOT known to the notary public personally, he must identity him through an identification card or certificate bearing his photograph anc signature, issued by an official agency. * Ifthe affiant is known, to the notary public, he should siate in the jurat that he is known to him personally ‘and explain why, as by saying that a‘fiant fs his acqusinence or friend, ‘+ Ifthe affant has no identification card witn picture or is not known to the notey public, the notary must Identify the afflant through one or more third party witnesses who each personally knows the affient and ‘who shows to the notary publ. the documentary Identiiation + Hthe document is subscribed before a public officer duty authorized to lake oaths, there I no need for the affant to produce @ CTC and for the entry into a Netarial Register. Form No. 4.Affidavit (In General) Parl of a Typical Swcm Stetoment (VeT-PFeFe-SJ) 4. Venue i 2, Tie Personal ckcumstance of the affant Eact of being swom in Eacts desired to be established Signature drat ane sha CHF Bale REPUBLIC OF THE PHILIPPINES) -" CITY OF PASIG) S.8. AFFIDAVIT eid |, Juan Tamad, of legal age, single/married to (Insert Name. of 0b x Mayaman'St Millon Vi_ Makati Giy, after having keen euly sworn in deebrdanop, and say that BSS(7212009 CENTRALIZED BAR OPFNEATIONS oan Boa Collece of aww (Hore narrate the facts desired to he est Rogistration of Motor Vehi:le:) lished, for example, an affidavit of loss of a Cerificate of 4. Thal Lam the wwe described as follows: \d lawiul owner of a certain motor vihicle whieh is more particulady ERIES i PE OF HT 2, Sometinie in une of this year, | mcs hooking for the original Certificate of Registration (of my sar but te my surprise, said Ouner's uriginal Copy could not fone; That | taok pains to look for said Cerificate of Registration, bul (2 no aval That | an exaculing this affidavit to alfest to the tru of te foregoing and to request from the Land Transportation Office of Mala City, a copy of said Certificate of Registration Further A‘fant sayott: Naught IN WITNESS WHEREDH, have hereunts affixed ayy signature this 2 cay of ity, Philiopings. 2009 at Pasig _AURAT Form No. 5. Affidavit of Good Faith (991 BAR EXAMS, We, the undersigned MORTGAGOR and MORTGAGEE, severally swear that the foregoing mortgage is made ana executed for the purpose cf securing the ubiigation, speci ater purpose, and thatthe same is aust aud vai obigaten, ard ong fraud, 3 rate! g therein, and for no ieggs opment Se 1B, CONTRACTS OR AGEEMENTS % Contract: meeting of the minds between two persons wheraby opggpings, to give something oF to reuider some service. (utile 1305, NEOREA Requisites: 4. Consent 2. Objact 3, Cause oF consideration 0Sn Meda College of Han MENORY All IN LEGAL ETHICS AND PRACTICAL EXERCISES] 71. Raa ech sone Dera Rer aa Guremcoeeiaet " x Re a eect ‘ Bite olny the deedicontract nor the acknowledgment therefore Note: In 2 DEED, a person dinposes of his property or right Ir favor of another, Parts of a Typical Deed (VeTAP.CAP-SA) Se Venue f Tite Anncuncement Party One 5, Consideration * Act or conveyance Berty Two Signature; anid ‘Acknowledyment Aen: ‘Operate Words to Remember. rm il 1. Sale. ‘Vendor &.Vendee. ‘Sell, Transfor and Convey. 2. Assignment Assignor & Assign Assign, Transfer and Convey 3.Evchange Parly 18 Perty 2 ‘Cede, Transfer and Convey, '4-Bonation Donsr.& Denes For in conslderation of love and eee et EEE __.affection 5. Power of Altemney Principal & Agant or Ally. in” | “Name, co. istitu'e end appoint; Hereby eo fat Gr ‘ing and Granting Important Points to Remember, ‘i ‘© ina contract’ deed of sale, the’ properly must be stated in its PARTICULARITY. (re: technical description? Se ne ee a a ae eas a (Alico 1488, NCC) + Conveyance refers to everything by which any e mortgaged or assigned. ‘The subject of conveyance is lan. A decument of conveyance must be notorized or ackn’ register it with the Register of Deecs. interés n_osfate ta, grpaie aliens . Full name 2: Nationality 7 3. Residence or posta! address of the vendor and vendec’ : 4. Chilstatus. 5. Full name.of spouse f any 6. Ifthe vendor Is a corporation: stale whether itis legaly 2 Form No, 6. Sale of Registered Land (1983, 1994, 1969, 1991, 1997 ick Summary (als6 applicable in the sale of personal property: (Ve 4, Yorue ar tile 2. Bersonal circumstances 3. Gusideration72 |2009 CENTRALIZED BAR OPERATIONS San Meds College of Kaw Operative words Description of Property: specity tie technical description that appeared In the TC'T or OCT Eact of ownership ‘Acknowledgment neoe | REPUBLIC OF THE PHILIPPINES) PASIG CITY) 8.8 7 DEED OF ABSOLUTE SALE KNOW ALL MEN BY THESE PRESENTS: |, duan Tamad, Filipino citizen, of tegal age, sirgie/marriad to spause (iLanv). with residence and post-office address at #8 Mayaman St. Milion Vill Maat City, WITNESSETH: For and In consideration of the sum of One Milon PESOS (Pt, 000,"000,00), Philippine ‘currency, to ma in hand paid by Marla Makting, Flipino ckizen, of gal age, sirglcimarried to spouse of yendee (It any) with recidence and post office address at #7 Mehirap. St. Contay. do hereby SELL, TRANSFER, AND CONVEY, absolutaly and unconditionally, unto the said hismer heirs ‘and assigns, that certain parcelis of land, togethur with the buldinga and: improvemente, thereun, situated in the City of Manila, and more particularly deseribed as follows, fo witt (Description of Property) ‘Containing San Beda College of Leas MEMORY All ity LEGAL ETHICS AND PRACTICAL EXERCISES! 77. WITNESSETH: WHEREAS, the LESSOR ie the ownar in fee simple of a certain parcalls of land, toge:her with the buldings and Improvenyats thereon, situated in fhe City 9° Monila, and more particularly described as follows: (Doscription cf Pronerty) WHEREAS, the LESSOP has offered to lease and the LESSEE has agreed Ic rent the above- ‘mentioned property. NOW THEREFOR, the LESSOR hereby lets and leases unto the LESSEE the above-described property under the following torms and conditions; 41, The monthly reatal shall be six thousand PESOS (2 8, 090), Philippine Currency, to be paid by the LESSEE at the office nf the LESSOR on or before the fith (") day of cach and avery month, plus one pper centum (154) surcharze per month for the payment of re.ttais made atte. the 6" day of the month due. It Is expr-ssly agreed and urderstood that the paymant of the rental here stipulated shall be made without the neccssity ot express demand and without delay on ¢ ny groun $ whatsoe 2, The term of this tease Is {ar (10 yoars) commencing on Janey 1.2018 ° 3. The LESSEE hereby expressly agrees and warrants that the leased premises shall be usedby him (it) exclusively for the following purposes, fo wit: residan ‘al: and the said LESSEE is hereby strictly Brotbie from usng the sal premises for any oer purpose ur tusinass without the prior wren consent of the LESSOR; v4, 2009 and expiring on January 4. The major and minor repairs stall be for the azcaunt of the LESSOR: 5, Taxes and assessments shall be for the account of the LESSOR, while expenses for electricity, ‘water and other wiities shall be for the account of the LESSEE, 5. Upon the signing of this agreement, the .ESSEE shall pey by way of deposit unt the LESSOR: the oum of pyalve thousand PESOS (B 12, 009) to enawer for payment of rentals inthe event thatthe ‘LESSEE faiis to pay the rentais on titre and other exponses or charges that the LESSEE may owa in favor of the LESSOR; i: 7. The LESSEE shill have the right of frst refusal should the LES8O} uring the term of the lease; (2007 BAR EXAMS, right oad rofvsc! clguse).” (Other coniitions: Venue of ttigatton shat only be in the Cit IN WITNESS WHERFOF, these presents are signed davof Marah, 2008. Tosser Signed in the preserice of: © WF78 | 2009 CENTRALIZED BAR OPERATIONS San Beds College of Law “| ATED CENTRALIZED DAR OPERATIONS enn BEF HOH College of Zain : Fonn No, 12. Lease of Parson"; Property REPUBLIC OF THE PHILIPINES) CITY OF MANILA) 8.5, CONTRACT OF LEASE KNOW ALL MEN BY THESE PRESENTS: tee ‘That Juan Tamad, of tego! age, single/ varied to Maganda Tainad ard casiding In ‘St, Million Vil, Makall City, Phiippines, as he/she hereby jeases hisiher car make/model wih Plate No. 2206888 Motor No. 22498 and Engine No. 34566 to Mivia wakling. of tagal age,’ single/martiod to ‘Malakas Making and residing in #7 Maturap St, Centavo Vil Maca City, who hereby accepts to ‘ease the sald motor vehicle, subject to the following térma and conditions: (Staie terms’ and cunditions) : IN WITNESS WHEREOF, the partins nave herounto set their hands this 3° day of March, 2008, in Mania, Philippines Ps vote rod Tessar Bee a — no | Assignment . Form No. 13, Deed of Assignimont | REPUBLIC OF THE PRILIPPIN : Pee 7] GITY OF MANILA) 8.5. DEED OF ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS |, duan Tamad, of legal age, Filipino and resident of #8 Mavaman St. Million Vill, Makati City, for and in consideration of the sum, of Aine thousand Pesos (PSO, acknowledged do hereby ASSIGN, CEDE, TRANSFETLAND CON\ legal age, and resident of #7 Manitap St. Centavo Vi interest over its subscription to One Hurdre Comoration, Incuding advances due frorn said corporations shall assume any and all unpaid subscription on the said shake sats aig taal ULES SELES ai IN WITNESS WHEREOF, tne assignor has sloned Bp igaee The agsignor hereby irrevocably CONSTITUTE, NX histher true and lawful attomey-in-tact to make representaya ‘cause the annotation of this assignment in the books of tne ca “Aasignor SIGNED IN THE PRESENCE OF:Ban Birds College of Law MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES] 79 Form No.14, Daclon on i 2 REPUBLIC OF THE PHILIFPINES) CITY OF MANILA) S.S, DRED OF ASSIGHMENT KNOW ALL MEN BY THESE PRESENTS: This Deed of Assignment, made and executed by nnd between Juan Tamiad, Filipino, of legal age, married to Magarn/a Tamad, with residence ot #8 Muyeman St._Milon_Vil, (ASSIGNOR) and Maria M: faking, Filipino, of legal age, married to Mafakas Making, with residence at #7 Mahiran St, Gentes Vill tanita City (ASSIGNEE TNESSETH That: 1. The ASSIGNOR is indebted to the ASSIGNEE in the sum of fivo.wadred thousand Pesos (£590,_900,09) and in tuli payment and complete satisfaction thereof hereby adsign, trariefer and convey unto the ASSIGNEE that cerlain real estate with all the buildiigs end improvements thereon, situated in Gity of Pasig, and more particuiarly described a¢ follows: (Description of property assigned) Of which real estate the ASSIGNOR is the registered owner, his title thereto being uvidenced by Transfer (or Original) Certiicate of Title No. 1234 of the Register of Deeds of Pasig 2. That the ASSIGNEE does hereby accept this essignment in full payment of the above- mentioned debt of fve hundred thousand Fasos (P50, 000.00). IN WITNESS WHEREOF, the parts have signed this Deed on 3 ray of March, 2009 at Mante City van Tamad Mac Aakting Assignor ‘Acsignee ‘With my marital consent: Mananua Temad ; Malnkas Mailing Assignors Wife . Assignee's Wife JOINT ACKNOWLEDGMENT ae a, < Mortoage (Artiolos 2088-2092, 2124-2134 NCC) ted MOA ATE OT Maid) Form No. 15, Real Estate Mortgage (1984 BAR EXAMS) Quick Summary; (VeT-MAM-CODAck) Venue and Tile Mortgagor: Amount of Loan Mortgages : Conveyance af Renal Prenerty with technical dagcrintion Gwneiship of Real P-oparty Discnarge of mortage Acknowledgment 75REPUBLIC OF THE PHILIPPINES) CITY OF MANILA) 8.5. KNOW ALL MEN BY THESE PRESENTS: office address at il office address MORTGAGEE the. following descrihed real property, situated In Mania City, together with al the improvements t6 wit!” DM (Description of proverty) “Containing an area of 800 SQUARE METERS, more or less. “ 200 30x v8 of which real property the MORTGAGOR is tne registered ower as evidenced by Original/Trancfer’ Cortiicate of Tite No. 1224567 of the Registry cf Deeds of Mania, {oan dated Octabor 20, 2008 for the sum of One Milion PESOS (P 1, 000.000), PROVIDED, HOWEV! that I sald Juan Taimad shall pay or cause to be paid to eald (aria, Makin Mis heirs or aasigns, the su ‘um within the period of thrpe (3) vaars from auid aftr the execution of this MORTGAGE together with th Interest thereon at the rata of ‘hve9 por cer. tun (3%) per anus, iis MORTGAGE shal be discharged and of no effect; OTHERWISE, It shall ramain in full force and efiect and snali bo enforceable In the ‘manner provided for by law. IN WITNESS WHEREOF, these presents are sicnad at the City of Manila, Phiippines; on thie 2 dav of March. 2208. TO reiigager) aa \Wit my masta condont maria "(Wie of Mortgagon, ‘Signed in the presence of: Form No. 18. Chatte! Mortgage Chiatio! Moitgage Law or Act NO ‘Quick Summary (VeT-PeCon-SDAG) 0 ‘80 |2009 CENTRALIZED BAR OPERATIONS San Bicdy College of Law a LTO ERTRAUZED BAROPERALIONS a enn ae Colles of Baty REAL ESTATE MORTG/.GE This REAI. ESTATE MORTGAGE made and executed by: single/marrled to Muqanda Tamad with residence and post City, nereln called the MORTGAGOR; In favor of ‘Marla Makling, Flpino, of legal age, single/ married to Mulatas Mekling wit residence and post ‘HZ Mahirap St Centax's Vil, Mania City, heroin called the MORTAGAGE. WITNESSETH That: 1. The MORTGAGOR docs hereby convey by way of REA ESTATE MORTGAGE unto the Filipino, of teyal ag Eounded on the S. along line 1-2 by Lot 1512; on the W., alchg linas 2-3-4-6-6 by ‘Lot 1488; on.the N. along lines 7-8-9 by Lot 1476 and on the E., along ling 9-1 by Lot 1488, all Cad-405-0, Manik: Cadestre. 10x 00. wax! 2. That this real estate mortgage is given as securly for the payment to the MORTAGAGE of a id ACKNOWLEDGMENT Yanue and Title Barsonal circumstances of the partios iP Conveyance of mortgage and technical description of personal property Fact that the oroperty was given as a security for a loan or a cupy of the PN Discharge of the mortgagiAe, ee Bean Beda College of Law MEMORY AID IN LEGAL CTHICS AND PRACTICAL EXERCISES) 81 6 Acknowledgment 7. Affidavit of Good Fath [REPUBLIC OF THE FHILIPINES) CiTY OF MANILA) 8.5. CHATTEL MORTGAGE KNOW ALL MEN BY THESE PRESENTS: ‘This CHATTEL MORTGAGE, made and execuied by, vuan Tamed , Filipino, of legal age, single/martied to Maganda Tamad, with residence and post- office address at #8 Mavaman St. Milion Vil, Makati City hereinafter called the MORTGAGOR, in favor of : Mare Making Filipino, of legal age, slagle/mariied to Malakas Mokling, with residence and post-office adcress at #7 Mahirap St. Contuyy Vil, Mania City hereinafter called the MORTGAGEE, WITHESSETH Thet 4, The MORTGAGOR do hereby convey by way of chake! mortgaga unto the MORTGAGEE, the fotowing described personal property, ordinarily situated and presently in the possession of the sald MORTGAGOR, to wit: (epecity and describe the article/s mortgaged) MAKE eRe MOTOR NO. ‘SERIES ‘SERIAL ICHAESIS NO. TYPE OF BODY PLATE NO, ‘YEAR MODEL FILE NO. AEN 2. This CHATTEL MORTGAGE is given as security or the paym nt to te MORTGAGEE, of a certain promissory note, dated O2tober 20 £008 for the sum of one | ;uidred thousand PESOS (P1900, 000) with interest thereon at the rate of three per centum (2%) per annuin, according to the terms thereof, and in the words and figures following: (copy the promissory nto) Date 100, 000.00 Z 180 days after date, ! an Tamad, prt ‘ % “ t proceeding involving the eame issues in the Supreme! ‘court, the Court of Appeals, c+ different Divisions thereof, »r ary other tribunal or agenoy. 2 No such action or proceading is pending In the Supreme Cour, the Court of Appeals, or diferent [Divisions thereof, of any other tlbunal or agency. 3. if | should learn that a similar action or proceeding has been filed or is pending before the ‘|supreme Court, the Court of Appeals, or different Divisions thereat, or any other tribunal or agency, | hareby| lundertake \o notiy this Honorable Court within five (6) days from such notice. ‘Guan Tamady SURAT. Form No. 38, Combined Verification with Certification of Non Forum Shopping * ‘Simply combine the contents of Form No, 34 and i plus Jurat Quick Summary: (CirCa-MaJu) 4. Clroumstances of the affiant - why he caused the mailing {e g. messenger of law offce/counsel) “ 2. Gage In which the pleading/miotion/petition Is fied 8. Manner of mailing (Personal service-with date of receipt; reg’stered malt-date of malling & with reglstry receipt no) 4, Jurat ‘(REPUBLIC OF THE NES) CITY OF, ss. AFFIDAVIT OF (PERSONAL SERVICE OR SERVICE BY REGISTERED MAIL) 1, dan Tamad; of legal age, and naving been duly sworn depose and say that: 4. Tarmthe messenges of Atty. Abu Gado, counsel for respond ant Muria Makiliig in the case entlted “Juan dela. Cruz vs. Maria Makiling,” Civil Case No, 1234, atid that as such messenger | served upon the ‘counsel of adverse parly anci other parties, tha pleading (or mation vr petition) flled In sald case as follows: fa. (for personal service) Av.Mnga Ling, counrel for pleintif’ Juan dela Cy personal service, by delivering personally a copy ¢f said pleading (er motion) upon said ia) 2 Ptedaro ‘as shown hy his signature o: ‘nitlal on the eaid pleading, %) * day Me 'b, (for registered mall) Atty. \aae Ling, counsel fer pleinty m Beret rat nae ce ca SCN postage fully prepald, and wth instructicn to the postmaster ty utr the Tne de khet perc undelivered, this 7" dev of Marah, 2009, as shown by Rea! “Lpdated- erat Be of Manila Gity. IN WITNESS WHER? Philippines. Form No, 38. Explanation . Related rules: Section 11, Rule 19 of the 1987 Rules of Civil Proce ith ‘respect fo papers emanating from the court, if the piéatingN Saye Via REGISTERED MAIL, there is @ need for an expienation. “100 |2009 CENTRALIZED BAROPERATIONS San Beds College of Zato een ANTE College of Zain * Affidavit of service is not subctantial compliance with Se>. 11, Rule 13. It is merely @ proof that éervice- jhas been made to the other party but it does not explain why allemative mode of sarviee was resorted 10, ~~ EXPLANATION (Pursuant to Section 11, Rule 13 ofthe 1997 Rules of Civ Pracedumy: ‘This certifies that personal service was net resoried to far the reason that dus ts time, distance and! ‘manpowar constraints, the game ls not practicable. i I (Counseiy ”: : | Form No. 39; Request for and Notice of Hearing ~. Note: A notice of heating is actually bia a REQUEST and @ NOTICE; a request for the Branch Clerk of Gourt to clude the motion inthe ealen lar for hearing on a specific date and a notice to opposing counsel cf the hearing date requested. General Rule: Mandatory in motions Exceptions: In no-contentious motions such as i 4, Motion for Extension of Time 2, Motion to Withdrav Counsel oe REQUEST FOR & NOTICE GF HEARING 7 1 THE BRANCH CLERK OF COURT : | | Regional Trial Court | Pasla ty, Branch tea | Greetings! . Please submit the foregoing Motian receipt hereot end kindly ince the same 20 in the morning. to the Court for its consideration and approval immediately upon in the cour’s calendar tor hearing on Friday. 3 March 2009 of JUAN TAMAD | ‘Address Form No. 40, Affidavit of Merits Note: Atidavit of merits Is required In a motion/petition based Negligenice (FAME) to show whether the moving/petiioning pas Supporting atiidavits or affidavit of merits, as the case may be, o 1." Motion to postpone far absence of avivenice oF feriiness of 2. Motion for summary judgment or opposition thereto (Rule 36, 3. Motion for new trial based on FAME must be supported by at (based on newly dlecovered evidence may be supported by affida 4. Petition for relief from judgment or order based on FAME (Rule 38, 5. Third-party clam (Rule $9, Seo, 16) 5. Proof required of a redemptioner (Rule 38, Se. 30); 100San Bed College of Las MEMORY AID IW LEGAL ETHICS AND PRACTICAL EXERCISES] 103, 7. Motion for preliminary attachment (Rule 57, Sec. 3); 8. Motion for dissolution of picliminary injunction (Rule 68, Sec. 6); 8, Application for a writ of replevin (Rule 60, See 2); anid 10, Claim against the estaie of a decedent (Rule D6, Sec. €). Quick Summary: (PeDe-CallaRa-RAdAS) 4. Personal circumstances of afft 2, Dasignaticn of afiant in tne case (pelitioner, plaintif, etc) 5. Caused the preparation of Motion for Reconsideration 180d the allegation: Rece'rr of copy of resolution 0! court dismissing the case Reason of party forthe cause cf dismissul ‘Admission of negligence Afestaton tothe truth of the foregoing facts dure [REPUBLIC OF THE PHILIPPINES IcITy OF MANILA AFFIDAMIT. },sluap Tainad, Flipino, of legal age and a resident of #8 Mayaman St. Milion VI, Makati Cty, ater lbeing duly sworn in accordance with law, depo es and states that . am the Petitioner in the case entileo Juan Tamed ’s. Maria Making dockated as Civi/Griminel |Case No. 1234 and pending before the Regional Trlal Court; 2. Thave caused the prep-ration of the "Motion for New Trlal’ to whih this aMduvit i attached. 3. | have read the allegations contained thoreir end i hereby state that the same Is true and corre lof my personal knowledge ard belief; 4, | have recelved a copy of the resolution of the Regional Trial Court dismissing my petition for failure to prosecute for an unreasonable length of time; 5. The reascn for my fallure'to proceed with the steps necessary fot my caso was due to the fact thai roy counsel, Atty. Abu Gado was admitied in the Philippine Heart Cen’or for an emergency operation, idue to heart failure; : 5, The partners of my lawyer weru not abls to hendle my case becaur 2 of thelr individual work ‘oad! land hectic schedule; 7. The foregoing clicumstances that led to the dismissal of my petitlon corstitule mistake andor i2xcusable negligence which ordinary prudence 2ould not have guarded against ane by reason cf which I) Ihave veen impaired of my sights, especially because a juogment was rende’ed by the court without affording) Ime the chance fo present my evidence: | \d in order t | voluntarily execute this affidavit of merit to aite ne ‘anc [support the grounds in my *Motion fer New Tria” as It rea hat the Order or Judgment rendered against mo be re reinstating the instant case. FURTHER AFFIANT SAYEH NAUGHT. Foim No. 41, Affidavit for Preliminary Attachment Quick Summary: (PDS-FNOA- 6) 4. Personal circumstances of the person wno caused the complet Designation in the case (PLAINTIFF) ‘Sufficiency cf cause of ection Feu that the case falls under Rule 57, Seo. ‘That there is ng other suficlent secinity for the clalrr geen nn TT102 12009 CENTRALIZED BAR OPERATIONS _ Sm Beds College of Law The amount due to the applicant is as much as the sum for which the order is granted above all legal countercialms Willngness to post a bond surat EN & ICITY OF MANILA AFFIDAVIT |, Juan Tamad, of legal age, single/married, and a resident of v8.Mayeran St. Millon Vil. Makati [City alter having been duly sworn to in accorda ice witn law, hereby depose and say that: 4, 1am the Plaintiff in the above-entitied case; 2. A suificient cause of action exists agains. the defendarit named thercin; 3. This action Is one of those specifically menticned in Sec. 1 of Rule 67 of the Rules of Court \whereby a wrt for preliminary attachment may issve; to vit ém action for a sum of money again: \who has removed his property in fruid of his creditors ‘4, There Is no other eufficiont security for the claim sought to be eriforced by the present action; 5. The amount due to the plaintiff Is as much the sum for which an order of ettachment Is sought to| be granted, above all legal ccunterciaias on the oar of tha cefendant, 6. am willing and randy to post a bond in such araount as this Honorable Court may difect, |AFFIANT FURTHER SAYETH NAUGHT. Form No. 42. Affidavit for Ropiovin Related Rule: Sec. 2, Rule 60 of the Rules of Court Note: This comes alter the, main body of the Complaint or the Petition ior Reptevin Quick S:immary: (PD-OWN-AJ) : Bersonal circumstances : Designation and case title Qumership and description of property Property wrongfully detained by defendant Property not encumbered Actuat value of roperty surat Nognene REPUBLIC OF THE PHILIPPINES SS. CITY OF MANILA. AFFIDAV 1, Jus Tamad, of legal age, singleimaried, and resident's {boing duly swom in accordance with law depose and say tha}. £34 OF 1, | am the plaintf in the instant action fer the del CLE oe Law lentes Juan Tamad vs. Marte Mekiling in.the Regional Triat 2. am the owner of sald property, particularly describ (descripiton of personal Make & Type Plate No, 3. The sald personal property is wrongfuly Cetained by d ‘whatsoever;| Goan Beda College of Levy MEMORY AIO IN LEGAL ETHICS AND PRACTICAL SKERCISES] 103 5, The actual value cf the sald property Is oe hundred twenty thousand! PESOS.(P 120.000) \AFFIANT FURTHER SAYETH NAUGHT. Jen Tamad| (Plaintiff) B, ACTIONS 4. Civil Actions ‘¢. Ordinary Civil Actions |. Civil Ploadings, Motions and other Forms Pleading: written statemants of the respective claims and defenses of the parties submitted to the ‘court for appropriate judgment. (Rulo 6, Sec, 1, ROC} . Complaint: pleading ellaging the plaintif’s cause or causes of action. (ula 6, ROG) concise statenent of the ultimate cause or causes nf action =~ must be In methodical ana logical form Purpose: To inform defendant clearly and definitely, of clainis mac:> against him. Elements: 4, Legal right of the plalniit 2. Gorrelative obiigation of the defer;dant 3. Act or omission of the defendant io violation of the obligation 4, Injury or damages caused to the pleintitt * Form No, 43, Complaint Besed on an Actionable Document (One Cause of Action; Collection of Sum ‘of Money; 1990, 1994, 1996, 2003 BAR EXAMS) Quick Summary: (Pe-Ex-CoaP-CV) 4, Personal circumstance 2. Execution of ectionable document 3, Cause of Action Prayer 8. Gombined verification with certification of non-ferum shoping NATIONAL CAPITAL. METROPOLITAN Mani, Brand JUAN T4MAD, | Plaintt versus: | MARIA MAKILING, | Defendant | — aX COMPLAINT } Fleintiff, by the undersigned counsel, respectfully alleges Dag, {The ‘paint Juan Tamad is of legal age, Filipino tay \Mayarner St_Milion Vill. Makati City , while the defendant Maria te fa! age, Filpino| lctizen, singie/married, and a resident of #7 Mahimp St. Centavo Vil. Ms 2 lwith summons: i ne en TOF104 [2009 CENTRALIZED BAR OPERA’ an Beda College ot Lato nS Bets Coltece of at On ‘of “about March 23.2008 “defendant” obtained a loan of Fify Thousand Pesos (| |89.000.c0itrom the pla"; ayabla within 90 days from said cate at 6% per aniium; 3, Sald loan, now overdue, is evidenced by a promisso.y note signed hy the defendant, a copy o \which is Kerato attached a8 “Annex A" and made part of this samplaint; to wit: copy PN) 4, Sespite repeated demands, both writen and orci, dafendam has feled and refused to apply said ean 5. Dua to the unjust and unlawful act of the defendant to comply with the said demands, the plaintif] las compelled to Inattue this action engaging in the process the services of counsel in te amount of 3,000.00. - : WHEREFORE, It ls respectfully prayed that judgment ie rendered against tha defendant to pay thel [plaintiy the sum of ELETY THOUSAND Pesos (/° 50.000 00) plus interest of .63% per annum from the date of {he instrument unt full amount is paid and attorney's fees in tha amount of 25,000.00 and costs of the auit, ‘Such other reliefs as may bo just and equitable under the premises are iikawise prayed for: Gtty of Manila, Phitiopiins. March ‘SIGNATURE OF COUNSEL (FORM 1) CERTIFICATE OF NON-FORUM SHOPPING Form No, 44. Complaint (Severe! Causes of Action), = REPUBLIC OF THE PHILIPPINES ; NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL OURT Mania, Branch 1 JUAN TAMAD, Plaintit : “Civil Case No, oe versus . FOR SUM OF MONEY © MARIA MAKILING, > Defendant. Xe wt COMPLAINT COMES NOW the plaintiff, by the undavsigned counsel, and to t lalleges the 2 2. The plaintiff Juan Tamad is of legal age, si (Makatl City while the defendant \uusia Makiiny is of tog {Centayo Vil. Manila City a | defendant obtained a Ioan for which he executed leopy of which is hereto attached as “Annex A’, and made part 3, Despite the lapse of the period for the payment of tf not paid the eame, or any part thereof or interest therean; ae Second ause of Act 4, Plaintiff hereby incorporates the allegations of paraaragl 6. On the Qeotbar 09, 2009 defendant again votaiicc 6 MA Uy ${P_ 100,000.00) ior which no Promissory note, @ copy of which is lieveto ettachec as “Annex 0 (copy PN) 8. Despite the lapse of the period for the payment of the amoui not pald the same, or any part thereo! or interest thereon; WHEREFORE, Its raspoctfully prayed that judament be rendered In favar of plaintif and against defendant for the sum of ONE HUNDRED FIETY [HOUSANL) PESOS (@ 160,000.00 ) with interest at the = iI PE Ae MRS a goan Beda College of Low __ MEMORY All) IN LEGAL ETHICS AND PRACTICAL EXERCISES] 105, lrate of s6c per centum (6%) per arinurit on each o! the aforesaid notes, untl paid; Interast at the legal rate on| ithe interest due from the tme of the fing of the compleint anc attorney's fees plus costs. ‘Such other reefs as may be just and equitablo under the premiser are likewlse prayed for, lofty of Manila, Philippines. March 3, 2008. o | SIGNATURI OF COUNSEL (FORM NO. 4) | CERTIFICATE OF NON-FORUM SHOPP.NG Note: When an actionable document has to be donied. Verification has to be added to the Answer. If the Answer incides @ PERMISSIVE COUNTERCLAIM, a Certiication of Non Forum Shopping must also be added, Form No. 45, Answer with the Negative and Affirmative Dofenses, Counterclsim and Denial of Documont under Oath (1976, 1983 BAR EXAMS) fe Answer: a pleading in which a defending party sets forth defensas. (Rule 6, Seo. 4, ROC) = Defendant may raise counterclaim. Defenses: (Rule 6, Sac. 5, ROC) 4. Negative — specifc denial of materia facts allaged in the pleading. Kinds of Deniat: 2, Derlal rot only uf each material allegations of fact ofthe truth ofthe matter not admitted but also substance of the matters which he will rely wpon to support his cl Asserting lack of knowledge in the allegations in ths complaint 2, Affirmative- allegation of new mattor while hypothetically admitting the material allegations in the Pleadings would prevent or bar recovery by him. It incluces: 2. Fraud b. statute of imitations », release of payment ‘illegality e. statute of frauds 1 ectoppels g. former recovery ; h discharge of bankruptcy ‘any other matter by confession or avoldance. Note: ‘itis sidvisable that the receipt evidencing the payee + Under oath ifan actionable document 's denied. © Copy fumished. Guiex Summary: (ADC-VerdoP) Admissions 2 Denials 3. Counterclaim .- Werfication, if actionabls dacumert is denied, ‘Bary tuished Proof of service, it by registered mail with Explanetion Tor106 |2009 CENTRALIZED BAR OPERATIONS : Hin Beda College of Law REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL RESION METROPOLITAN TRIAL COURT Manila, Branch 1 JUAN TAMAD, Plaintit “Civil Case No. 003 sversus- . FOR SUM OF MONEY MARIA MAKILING, Defendant on : ANSWER Defendant, by the undersigned counsel, resoecttuly alleges: ‘, Defendant admits that portion 0: per.1 of the complaint regarding tha riames, residences, anal status of the parties, but denies the rest thersof, for lack of knowledge sufficient to form’a belief as to the| ruth thereof, , : = 2, Defendant denies under oath the execution and authenticity of the promtséory note, Annex ‘1 of the complaint, the truth being that the same is a forgery and that he did not execute nor sign tne same. 3. BY way of spacial and affirmative defenses, dafendant avers: “That the obligation has been paid; : That the cause of action has prescribed, 4.4. By way of counterclaim, defendait alleges: 5. That ky virtue of this unwarranted and malicious act intiatea by the plaintif, defendant was forced| to engage couns 3 In the sum of ten thousand peso:; (0,300.00). WHEREFCRE, It Is respectfully prayed that tne complaint be dismissed end defendant be awarded ithe amount of, esos (P. Other equitable rellefe are ikewlse prayed for. tv of Mania; March 3, 2009, SIGNATURE OF COUNSEL (FORM NO, 1) VERIFICATION Defendant, of legal age, after having been duly swam, duposes and 1. That he has caused the preparation of the foregoing unsigy {therein are true and correct of his personal knowles a 56 2. ‘That he further states tha’ the promiesary nota [signature therein has been forged, he not having executed 1 Executed this 3% day of Muy JURAT ‘Copy furnished: IName and Address of adverse counsel |PROOF OF SERVICE (Affidavit of Suivicu by mail) { EXPLANATION 108San Beda Colvege of Lets HEMORY AID I LEGAL ETHICS AND PRAC ICAL EXERCISES] 207 Form No. 48, Notlce of Lis Pondens (4980 BAP EXAMS) Notice of Lis Pendens: rhesns: that a certain property is involved In the ligation. Notice 1s proper in the following cases: ‘An action to recover porsussion of real estate an action to quiet tte thereto; an action to remove cloi ds thereon; ‘27 action for partition any other proceedings of any kind in court affecting tne tile to the land or the use or occupation thereof or building thereon. (Rule 13, Sec. 14, ROC) Pumpose: fo constructively advise er warh, all people ‘and deal with the property thal they so deat with It at their own risk, and wwhataver right they may acquire are subject to the results of the actin, REGIONAL TRIAL CGURT NATIONAL CAPITAL JUDICIAL REGION Mania, Branch 1 JUAN AMAD, Plainttt *Civi Case No. versus- FOR RECONVEYANCE MARIA MAKILING, Uefendant penne NOTIC" OF LIS PEHDENS he RevisteR oF DEEDS: city of Marita RE: NOTICE OF LIS PENDENS On TCT No. Pease ceglster & neice of #s pandons on TCT Ne, 64371 of the Regia’ of Deeds of Want covering a pare! of land wich Is hnvoWed tn Chil Case N>, 432; of the RVG of Mania, ofthe ‘lowing aries: Juan Tamad and Marla Makting, a8 pint and detendent In Cll Case, 4921. In this casa, [part is cating ownorstia cf the lane which was reqstorec by [parcl ot land belong to pla ti ‘The land Involved and covered by TCT No. % lochica! dascption ofan), ithe copy of tha complaint It Cli Case No, 4821 is enctosn [Used ICopy furnished: IName and Address of |Counsel of tne Other Parties PROOF OF SERVICE Eas oe On EEE eee 107108 | 2009 CENTRALIZED BAR OPERATION: Sar Weds College of Zoe HELZURCENTRAMIED BAR CPERATIONS Sn Beta Collegeof tn Form No. 47, Pre Trial Brief Related Law: Rule 18, Sec, 2 (spe :tically states the contents of the pre-trial brief) * Note: MANDATORY REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION PASIG CITY, BRANCH 168 JUAN TAMAD, Plaintf, Civil Case to, 89767 + versus ~ : MARIA MAKILING, Defendant, i eee hg PRE-TRIAL.BRIEF DEFENDANT, by counsel, respectfully submits her Pre-trial Brief, as follows. ; |. WILLINGNESS TO ENT2R 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 recip-ocal manifestation of openness from plainti, defendant is open to the possibilty of amicably setting this cispute, 1.2. Pursuant to Rulo 18 of tho 1997 Rules of Civil Procedure, defendant respectfully submits {hat the desired terms of any amicabie settlament would Involve, fist, a clarification of the actual extent of any obligation due and owing "o-piaintif inasrruch as there is rthing to indicate dafendant’s chlgations to Plainilf end, second, a schedule of payments. N. BRIEF STATEMENT OF CLAIMS AND DEFENSES 2.1, Plaintif seeks principally to recover the amount «it two milion pesos (P 2, 000, 009) with Interest at twelve percent (12%) ansing allegedly from unpaid orders dslivered to cefendant variously fa 2008, 2.2. Defendant resists plainti's claims based on a failure to state a cause of action because 0) 2.2.1. Plaintit’s lack of personality to ste and, therefore, not being ths real partyin + 5. Interest under Rule 3, section 2 of the 1287 Rules of C'vil Proc dure, 2.3. Defendant alsa interposed a compulsory counterctaim for two hundred hausand Pesos (PHP200, (000,00) for moral damages ant One Hundved Thousand Pesca /PHP4 attorney's fees MW. FACTS AND OTHER MATTERS 3.1. Defendant adnite only those facta stated in her ‘eceit of the demand ieter dated Oclaber 20, 2008 anit her eho yond 82. Subject to a concrete pvoposal for stipulation of am nal oven thereaer, dfendant admits no other facts stated in he GRY Ta 5 IV. ISSUES To eB 4.1. Defendant submits that the following issues put fo ‘4.1.1. Plaintiff's personality to seex tegai rele! 4.1.2, Piaintiff's entitlement to the arzount clai +42, Defendant submits that tne following issues sho pi 4.2.4. Plaintiffs bad falth tn fling tnis stint 4.2.2, Defendant's entitlernent to the claims mades ‘8 a resuif of plaintt's bad faith V. EVIDENCE 6.1, Defendant intends to present the following witnesses: 5.4.1, Defendant herself, who will testify on the true circumstances leading to the fling of this suit against her; = 05San Bera College of Lew MEMORY ALD IN LEGAL ETHICS AND PRACTICAL EXERCISES| 109 5.2. Detendunt reserves te right to present any cnd all documentary evidence which aval becc me relevant {6 rebut piaintife claims in the course of tral as well as any other witnesses whose testimony will become relevant to belie plaintiffs viinessos, necessary. Vi, RESORT TO DISCOVERY 8.1. Considering tne .elatively eimple Issues prnsentad, defendant oes not ntend to avail of discovery at this time. 6.2, Subject, however, to a concrete and ‘easonable request ior discovery from plaintif, defendant reserves the right to resori tu discovery bafore tral RESPECTFULLY SUBMITTED. ity of Mania, March 3, 2008. SIGNATURE OF COUNSEL (FORM NO. 1) Copy furnished: Atty. Abu Gado Counso! for Plaintiff Form No. 48. Summons Rejated Rule: Rule 14, ROC Teemmed > The summons must be: (USSCNC) Directed to the defendant Signed by the clerk Under the geal of the court State the name of the court and the names of the parties ‘o the action Give a notice that unless che defendant so answers, the plaintiff will ake judgment by default and may be granted the relief appiled for A copy 0 the complaint and order for appointment of guardian ad litem, if an, Shall be attached to the origital and each cony of the summons, Herma 2 preps hewwren LIC REGIONAL TRIAL COURT | TIONAL CAPITAL JUDIGIAL REGION ‘Manila, Branch 1 ‘rasan: JUAN TAMAD, Plaintitt “ch . sversus- : : ‘OR SUN NMB REDE MARIA MAKILING, AY COLE GE OR LAW j Befendant SUMMONS [To: MARIA MAKILING. #7 Mehirap Si. Centavo Vil, Meniia lYou are hereby summoned and required to file and serve you Inerewith served upon you, ‘within fifteen (18) days after servinw fall to do so, Judgment by default will be taken against you for the 105120 |2009 CENTRALIZED BAR OPERATIONS sean Beda College of Zan HORE CENTRAUED HAR OPERATIONS shan Bena Colege of Katy Form No. 49, Application for Issuance of Stibpoena Related Rules: Rule 24, ROG. Tie subpoena must be: 41. Signed by the clerk OR by the judge i the cuit has no clerk: 2. Under the seal of the court; 3., State the name of the cout 4.” State the tile ofthe action or investigation; 7 5. Directed to the person whose attendance is required; and 6, Ifthe Subpoena Is clicos (ecu, it must also contain a reasonaole descrptcr ofthe things ‘demanded, Which must appear to the zourt to be prima facie relevant, REPUBLIC OF THE PHILIPPINES, REGIONAL TRIAL COURT. NATIONAl. CAPITAL JUDICIAL REGION Manila, Branch 1 JUAN TAMAD, Plaintitt *Clvil Case No, 0003 + vergus : FOR SUM OF MONEY MARIA MARILING, Defendant 7 APPLICATION FOR SUBPOENA (OR SUBPCENA DUCES TECUM) ‘The Clerk of Court ‘BIG Mania Sir ‘As Gounse: for plaintit (or defencant), may | vequest that a subpoena be ‘ssued to Test! Go, with addiass at, ubs, to testify in the hearing of the above-entited case on flarch 32009 at *0:00 am and at any subsequent hearings, until he has finishad his testimony. {ite application Is fora subpoena duces tecum) As counsel fgg raquesi that a subpoena duces tecum be issued to Testi @ Ba teatlly and bring with hi in the hearing of the above-entiieg ‘subssquent hearings, the following documents, whica are n ‘needed In sold fearing; to wit (enumerate and describe spo ieSean JBeds College of ‘Law MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES) 121, Form No. 60. Subpoery REPUBLIC OF THE F HILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL, JUDICIAL REGION | Manila, Branch 4 JUAN TAMAD, Praintit *SIvil ease No, 0003 ~ versus — FOR SUM OF MONEY MARIA MAKILING, Defendant p neenennenutetieelner SUBPOENA : ITo: Test Go No. 555 Sardinas St. Cubao . You are hereby commanded to apperr before the Region! Trial Court of Manilla on the 3" day of IMarch, 2008 at 10.o'clsck, In the morning to tian and there to testify n.the action of for the um of money| lagainst Maria iakiting [CWil Case No. GOO. Witness the Honorable Justis Ya judge of said court, this 20" day of February, 2009, Judge Justis Va, RTC of Mania Form No. 61. Motion to Declare Defendant in Default Motion: application for relief other then by a pleading, ‘Rule 18, 00) = must be in wrting except those made in open cout or in the course of tv tral Note: The rules applicable to pleadings apply to writien motions insofar as concems caption, designation, signature and other matters of form. Contents: (RGS) (Sec, 3, Rule 15 ROC) ot ae ete ced F etcntennies ie ses Piy : i 3. Supporting affidas Ns SAN BEDA PB OWLEGE OF LAW ‘The kody of a motion usually as four paris: (TIGAR) 4, Title; 2. Ground for the Motlor; 3, Argument in support of the Motion; and 4. Reliet sought to be obtained JUAN TAMAD, Plaintiff, = versus ~ MAF’\ MAKILING, Defendas x int132 | 2009 CENTRALIZED BAR OPERATIONS Sar [Beda Cullege of Lato RIED BAR OPERATION: nce Se see TS MOTION TO DECLARE DEFENDANT IN DEFAULT PLAINTIFF, by counsel, respectfully states that: 1. Plaintif fled this Complaint against defendint on 3 March 2009; summons were served on defendant on 29 March 2009, as indicated by the Shen's Retum of everi dale, a copy of which Is allached a8 ANNEX A, 2, Defendant's regiementary period to file Answer ended or. § April 2008, no motion for extension of ‘such period was fled nor was any granted motu proprio by this Honorable Court. Depa the Inpse of time, defendant has failed to answer the Complaint against her, plaintiffs entitled to a declaration of default and the right to presen: evidence ax parte against defencant. WHEREFORE, plaintif respectfully prays that deferdarit bs declared In default anc that plainttf be allowed to present evidence ex parte before the Clerk of Court acting as Commisslener, Gity.of Manila, Ana! 15,2009. : “SIGHATURE OF COUNSEL. (FORM NO. 1) EQUEST FOR & NOTICE OF HEARING PLUS: Copy Furnished: Counsel of Defendant PROOF CF SERVICE Form No. 52. Motion to Lift Order of Default (1985 BAR EXAMS)(Sec. 3, Rule 9 ROC) Note: A motion te-lift an order of default basud on FAME, should be accompanied by an affidavit of merits, HOWEVER, If its grounded on the very raot of the proceedings, i.., invalid service of summons; affidavit of ‘merits is not necessary, REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT. N/TIONAL CAPITAL JUDICIAL REGION Branch Of, Manila JUAN TAMAD, Plaintif, Civil Case No. 000001 = versus ~ MARIA MAKILING, Defendant, Kceenreneennenne rere X Defendant, by the under signed counse, respe: 1, Ten (10) days after the summons of tne camph ‘motion to dismisgy 3.0008 2, Plaintiff had not fled any opposition to sala motld ‘iamiss; 4. Said order daclaring defendant in detautt !s preimatu} Pending motion to dismiss, WHEREFORE, it is respectfully prayed that the order" ‘that thia Honorable Court rule on the aforesaid pending motion ty ity of Manlia; Marah 3, 2009, Copy furnished: Counsel for plaintitt PROOF OF SERVICE (ffidavit of Service BY ___EXPLAUATION TzLea Petoa College at Lary MEMORY AiO IN LEGAL ETHICS AND PRACTICAL EXERCISES) 133 Fonn No, 63, Motion tiv Postponement of Hearing (1987 BAR EXAMS) Review: for a motior to postpone tial or. the ground of illness oy a party or cpunsel, the following must ‘appear in an affidaut or sworn certification: 4, The appesrance of wines! of party is indispensable 2. The illness js such esto rencler his non-altendance excusable (Sec, 4, Rule 30, ROC) Example: Due to sickness of counsel : REPUBLIC OF THE PHILIPP NES REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION. Branch 1, Manila JUAN TAMAD, Piaintitt | Case No. 000004 = versus - MARIA MAKILING, Defendant Kn it “ ‘ MOTION FOR POSTPONEMENT OF HEAR'NG * Defenciant, by the undersigned counsel, respectfully states that: 4. The above-entilled case Is set for heating cn tharch 7, 2003; 2. Counsel for defendant is sick aiid suffering from high blood pressure, anc has been advised by| his physician to rest for at least two (2) weeks, as evidenced by the doctor's certification, under oat! lattached hereto as Annex "X", 3, The appearance of the defendant's counsel is indlspensibie because he wil facitate the cross-| lexamination of plaintiff's witness. WHEREFORE, tt is respectfully prayed :hat the hearing set on March 7, 2008 be reset to unother \day profecably on the frst week of Apri 208 or at the convenience of this Honorasle Court. City of Manila City ;February 28, 2008, SIGNATURE OF COUNSE!. (FORM NO. 1) REGUES] FOR & NOTICE OF HEARING \Copy Furnished: (Couns=! for plaintiff PROOF OF SERVICE (Affidavit of Servi EXPLANA) Form No. 64, Motion te Dismiss (2002 BAR EXAMS) Grouds for Filng Motlor ta Dismiss (Seo. 1, Rule 16, ROC) (a) Court has no jurfsdiction over the person of the de enving F (b) Court has no jurisdiction over the subject matter 0} the cla (6) Venue is impronery Inid; (6) Plaintif has no legat capacity to ste; {e) Theva Is anather action pending between the same varies 18 (9 Cause of action is bared by @ otiorjucgmont or by the statute (g) Pleading asserttig the’ claim states: no cause of action; (hain gr demand 8, forth Inthe plants pleading bas extinguishell’. =. = (9 Stale on Wnlen the action ig founded fs unanforvesble under the is314 |2009 CENTRALIZED BAR OPERATIONS fl San Beda College of Lain ch Sa Bits Cae of Kat Bo REPUBLIC GF THE PHILIPPINES -——— Heer REGIONAL TRIAL COURT. NATIONAL CAPITAL JUDICIAL REGION Branch 04, Marita JUAN TAMAD, Plaintit, . Civil Casé No, 0001 «versus - MARIA MAKILING Defendant ean MOTION TO.DISMss: 7 * Defendant, by the undersigned someet respectfully moves tnat the conplaint be dlamisses on thel Hellowing grounds: ‘ \ J., The court haa no jurisdiction over the pereon-of the defending party, & The court has no juriscetion over the aubject mater at ne sear 8. The venue is improperiy laid ARGUMENTS re {iit court acquires jurisdiction over the person the defendant by the dervicd’of summons ot by! fnore Rta submission to the authorty of the cout These wees have not tery which Is a parcel of land, aed value of the property Ia| !P20,000,000.00, See cen of the lng feo should have been hased, but whien cee not | 3. In an event, the venue Is Improperly ald. the tand |n_ question. is Jocated in Mabalacat, [Pampanga but the action was flee’ in Meniar (Elaborate on these grounds by ctng authitios) PRAYER SHMEREFORE, It Is respecttuly prayed that the complaint be dismissed on the grounds abovel Idiscussed, Defendant futhor prays for such otter etfs as may be just and equitable in the premises, ‘Gite of Manila; March 3, 2009, [Copy Furnished eee Form No. 86. Motion to Intervene Related Rule: Rule 19 ROC Requistes for intervention of «i non-party: 4. Leal interest in the matter In contreversy; or 2.. Legal interest in the success of either ofthe partes; o1 3. Lega! interest ‘both; 4, So situated as to be adversely affected by a distribution of other SoM 6 6 the ccurt or officer thereof, [ntervention wil not unduly delay or prejudice the adjuoication uf rights Inforvenor’s rights may not bo tly protucivo kaa saparate proceeding ie o1ghN® parties; and Fn Ti- Han Beda College of Kaw» MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES] 125 Note: Attached to the Motion to Intervene is the Complaint-In-intervention or Ansswercin-Intervention. : REGIONAL TRIAL GOURT Nallonat Gapite! Judicial Region Branch Uf, Manila JUAN TAMAD, Plaintf, Civil Case No, CO00T - versus - MARIA MAKILING ‘Defendant 7 MOTION TO INTERVENE Sally Pusa by the undersigned counsel, respectiuly prays that she Ye permitted to Intervene! in this case es a party olamtifiparty defendant on t's ground that she has legal intereat in the matter] lunder litigation, ‘and that sho may te adversely affected in these proceedings 68 showr in the| attached Complaint-in.ntervention/Answvor-in-Intarvontion, WHEREFORE, it Is respecthily prayed that Selly Pusa be atowed (0 intervene as party) plaistitiparty defendant and the attached cemplaint nr answor in interventio 1 be admitted and that] herein intervenor be allowed to serve copy of the same to the plaintifidefendant. i March 2.2009, Man 1_Philiopines SIGNATURE OF COUNSEL (FORM NO. 1) & REQUEST FOR & NOTICE OF HEARING* copy turnished PROOF OF SERVICE™ (AAndavi of Seavce by Mal) EXPLANATION ** Service of motion toyether wilh the altachad coins lairin-intervention or answer-in-intervention. Form No. 88. Motion for Judgment on the Pleadings (1989 BAR EXAMS) Related Rules: Rule 34, ROC Judgment on the Pleadings is proper when: 4. The Anawer falis to tenider and issue} or i 2. Otherwise admits the material allegations of the aa : Republic of the Phi REGIONAL TRIAL. National apital Judieiohgh Branch 01, NanilSSea JUAN TAMAD, Plaintitt averauds< # MARIA MAKILING. » Defendant “ ot MOTION FOR JUDGMENT ON THE PLi x Plainti, by the undersigned counsel. respectfully alleges: is426 |2009 CENTRALIZED BAN OPERANIONS Han Bere College ot Law SR A OreATCNS Ban Bea College gt Lao 1. In his Answer to the complaint for a sun of money, defendant rerely alleged that he hadl |[Re Katowledge and information as to ta truth of the allegations of the complaint This kind of denial, Wie allowed in certain Instances, does not apply whon the facts as to which want of knowledge is jasserted are to the knowledge of the court are so pisinly und essentialy: within the defendant’s| knowledge, it amounts to a general denial that enites the plaintif to judge on the pleasinge. vite Moreover, attached to the compliant, ae actionable document, is the promissory note [exeeted by defendant, to evidence his loan of P 1,000,000.00. He did no; question te authentiaty| lunder gath. He merely said that he nas no knowiadge thoreof, which ts not euffilent to tencer a| °° 2: actual Iesue andthe same impliedly admits its dua execution authenticly, as to entile plalnttt to]. Judgment on the pleading. WHEREFORE, It Is respectfully prayed that this Honorable Couit render Judgment on the} +/pleadings.. Cll of Manila; March 3. 2009, se SIGNATURE OF COUNSEL (FORM NO.1) REQUEST FOR & NOTICE OF HEARING [Copy furnished PROOF OF SERVICE ‘Affidavit of Service by Mal) t a Hy —_FAPLANATION Form No. 87: ‘Motion for New Trial Related Rule: Rule 97, ROC ‘When to file: Within the period for taking an appeal ‘Grounds for fling: (FAMEN) 4. Fraud Accident : Nuistake Eycusable Negligence which oicinary pruder.ce could not have been guarded ‘Newly clscovered ovidence which not wit reasonable dilgance have diecovered and producad at the ‘al, which if presented will alter the results Reoublic of ihe Philippines REGIONAL TRIAL COURT National Capital Judicial Regio | Branch 01, JUAN TAMAD, Prainuitt -, Defendant x Defendant, by the undersigned counsel, respecttully mo (Gated March 1, 2009 and received or. March 7.2009 be sat asl larounds:, (Hore give the grounds provic'ed for in Rule 1, Defendant received » copy of the devision, which held him from the date of decisiun. ieSan Hera College of Law MEMORY AlD IN LEGAL ETHICS AND PRACIICAL EXERCISES] 137 ‘Due to the “oF his et Shin Bnd! to defendant himsail, detendant| failed to attend the pre-trial and as 2 consequence, he was Jeclred in default and plaintiff was allowed to) Ipresent his evidence ex carts, and the tral court thereafter rendered said judgment, holding defendant liable {for said amount, 3, Defendant has a yood and valid defense to defeat plaintif's claim because the amount has been) [paid as evidenced by a receipt !scund by pisintff hereto attached 3 Annex "1". 4. In support of his mollon, datandant attacres herewith an affidavit supporing the accldcnt or Imistake-and his good ans valid defenses to usieat olai if's claim, as Annex. 2 WHEREFORE, Il Is respectfully prays! that the decision of this Honisrable Court be set aside end new trial be granted. itv of Manila, Philippines, this March 8, 2008, SIGNATURE OF COUNSEL (FORM NO. 1) \Copy furnishod REQUEST FOR & NOTICE OF HEARING PROOF OF SERVICE (Aifcavit of Service by Mall) EXPLANATION e a __ AFFIDAVIT OF MERITS eee Arla Watts Feary ton for new Wal bane 6 aud, ws, ta ‘sreueabls negigence Form No. 88, Motion for Extension of Time ta “lle Answer (2002 BAR EXAMS} ublic oF the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Branén 01, Maria JUAN TEMAD, Plains, ‘| Givil Case No. 000001 FOR: SUM OF MONEY - versus - MARIA MAKILING Defendant pj MOTION FOR EXTENSION Detenciant through undersigned counsel inthe at 4. That defendant was served with summone 3% land consequently, has only up to Soptember 17, 2009 with 2. That the undersigned counsel has startad to lpreseure of work In attending to other equally important cuss |Septerber 17, 2009, to wompiete and file the same; 3. That tnis motion is being filed solely forthe forego Deroy fhich to file%ar Sitv of Monte: September 15. 2006. Icopy furnished: ~ IName end Address of adverse counsel \Personal Service) ROOF OF ii7118 2009 CENTRALIZED BAR OPERATIONS San Meds College ot Lato form No, 69, Motion for Consolidation of Two Casos filed with Ditterent Divisions of the Court of Appeais (1994 BAR EXAME) Republic of the Shippin COURT OF APPEALS. . Marika JUAN TAMAD, Paint, Civil casa No. 600001 = vorsus = For: Reconveyance MARIA MAKILING, Defendant MOTION FOR CONSOLIDATION Defendant-Appallant (Maria Mokilng, through the undersigned counsel, respectfully states that: i tte rasa oe ebpeal fom the decison of the Regional Tal Court ot Mania iy Cla Cast of a parcel of iand, | ere ty cepandant-appeliant isthe pppcile, wd the elaintt-appate ia the aopelant in a pens {ghpeal before the Ein Dlvslon ofthis Honorable court anttlad Mr @ va his x GatiRe 125 which i Sand oper a iecslon Fue Regional eal court of Maan an-action fe Craigs Ties sama property sublact mattecof ths case, 3. The same question of ownership is involved in tnese two cases, ide ei t2 B¥eld slifrent decisions from twa divisions uf this Honorable Court, thie case shoutal [be consolidated with 1 lower casa WHEREFORE, tls respectily prayed that tis vase be consolidated with CA GR OV No. 128, City of Manila... September. 20 SIGNATURE OF COUNSEL. (FORM NO. 1) \Copy furnished REQUEST FOR & NOTICE OF HEARING PROOF OF SERVICE (by registorod mall) Z ae EXPLANATION Form Wo, 60. Motion for Disqualtfication Inhibition oF @ Judge (2004 BAR EXAMS) ~ Republic of the ines REGIONAL TRIAMRIOURT Nationai Capital Jude Branch 01, Mi JUAN TAMAD, Paint, MARIA MAKILING, Defendant me x MOTION FOR DISQUALIFICATIQ DEFENDANT, by undersigned counsel, respectfully jJudge of this Court be dlequalified and/ or inhibit numself from fun that Mitt heisin ts nis first COURIER onsanault which ie a randaton ground Yr dosvaticaton gy 137 of ty |Rules of Court, u i WHEREFORE, it 1» 1espectfully Frayed that the Honarabie qe-uisqualify or inhibit} himself fom presiding over these proceedings TisSan Beda College of 361 MEMOKY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES | 119 ‘cial ania 2009-- ‘UII ] + ‘SIGNATURE OF COUNSEL (FORM NO. 1) ICopy furnished REQUEST FOR & NOTICE OF HEARING PROOF OF SERVICE (Affidavit of Service by Vill EXPLANATION i Provistonal Remactios Note: These are epplied et thu commencement or during the pendency of the action, Provisional Remedies: a. Preliminary Attachment (Rule 57, ROC)—-accompanied by an affidavit b.Preliminary injunction (Rule 56, ROG)—verified application &. Receivership (Rule 59, ROC)—verfied application sett 4d. Replevin (Rule 60, ROC)—aocompanied by an affidavit we @, Support Pencente Lite (Rule 61, ROC)-—verified application & Form No. 61. Complaint with Prayer for Preliminary Attachment Related Rule: Rule 67, ROC Note: * Filed before the RTC or MTC depending on the amount involved + Afidavit for preliminary attachment must follow the compaint. Quick Summary: (PeC-Gre WPA) Personal circumstances of the parte z ‘Gause of action and Grovmds for preliminary attachment (e.g. In a complaint forthe sum of money: wierein defendants about to rernove preperty in fraud of creditors) 3. Wilingness to post bona 4. Brover 5. Geriffcation of non-forum shopping 6. Affidavit (Form No. 41) im Republic of the Falippines. REGIONA! TRIAL COURT National Capital Judicial Region 'Sranch 01, Mania ay JUAN TAMAD, oe SAN BODA ough enone OF For: one =ver MARIA MAKILING, Defendant, mt : COMPLAINT ta 8s (With peryor for attach |Centave Vill. Mania: 2. Stato facts constituting. an action lor tho recovery of money orf/@ cause leonbact, of;120 [2009 CENTRALIZED BAR OPERATIONS, San Beda College of Lato SSNS a Beds College of Bato 3 The defendant is abit to remove or dlsposs of ile property, wih iienl to defraud his creditors; 4, Plalatif is wiling to put up @ bond for the isauanco of a preliminary atachment In an amount to'bel xed by the ccurt, net exceeding the surn of SIX HUNDRED THOUSAND PESOS (R600,000.00) which vl Ihe plaints calm herein, WHEREFORE, itis respectuly prayed that, oanding the hearing of ths case, a writ of preliminary etachment be Issued againal the propery of the defendant to servo as securty forthe aallsfacion of any liwdament that may be recovared herein; and ‘hat after due hearing on the principal cause of ihis action lludgment be rendered against the defendant for the sum of SIX HUNORED THOUSAND PESOS! {(2800,000.00) with interest at the stipulated rato of twaive per centum per annum (12%) from October 20, |2008, plus costs ofthis suit, Marah 2. 2008, SIGNATURE OF COUNSEL (FORM NO. 1) x. GERTIFICATION OF NON-FORUM SHOPPING AFFIDAVIT FOR PRELIMINARY ATTACHMENT: ae Form No, 62. Complain. viiih Application foi Preliminary junction * Related Ruta: Rule 68, ROC. Preliminary Injunction: Order granted at any stage of an action oF proceeding prior to the judgment or final gat requiring u party.or a court, agency o: any person to refrain trom a parlcular act or acts (Prohibiory injunction). Vaant may also require parformance of a particular act of acts. (Mandatory injunction) ‘Venue: The court where the action is PENDING; if the action or proceeding Is ponding inthe Court of ‘Abpealls or In the Supreme Court, t may be Issued ty sald court or any member thereof (Sea.2, Rule 68, ROO), Quick Summary: 1, Personal circumstances of the parties Facts of plaints complaint showing his cause of action . Grounds forthe Issuatice of preliminary injunction (0.9. the commission, continuance, of tone Rerformance ofthe act during the itigation would probably work injustice to the epplicant) Prayer (reliaf sought) Verification & certificate of non-forum shopping ee oy Republic of the Philippines: REGIONAL TRIAL COURT + National Capital Judicial Regh Branch 01, Rasiia JUAN TAMAD, Plaintif; = versus + MARIA MAKILING, Defendant. Xk, ‘COMPLAINT Plainiif, by the underelgnod counaol, resi-ectfully slates 1. Plaintiff wuan Tamad, of lego! age, singleinairied, and 2 u IMukatt cine whe defendant Maria Making io EP ahican St \Contave Vil, Manta: \_...._ (State in togleal _—t 73San Beda College of Lato MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES] 123 ie sale OF gerieral ierchandise, entered Inio an elusive dealership and) rent with BLWAVA INC, whereby plaintiff would exclusively soll BUWVAYA INC.'s products into the Philippines. 2, Defendant, also eniaged in the sale of gerieral mercnendise, hegan salting the products of| IBUWAYA ING. in the Philp dre without authority to do 80, 3. As a result of Uefondant's ects, piainltf sufered damages and his sale of the products of ISUWAYA INC, has been dliinishing, to such en extent ‘hat plainiff has been fosing profits of no less than + |P600, 000 a month sterting 2ctobsr- 2008, i 4, Defendant continues to commit the act of illegally Interfering with the agreenient executed| 'between plaintiff ane: BUWAYA ING. 5. That the plainif is ented to the relle! demanded and the whole. or part of such relief consists in restraining the commission or continuance of the acts complained of, ether for u limited period or} lperpetwatiy: 8. That the commivsion or continuance of some act complained of during the ligation woud] probably work an injustice t3 the plaintiff } 7. That the plaintiff heraby applies for @ writ of preliminary injunction to restrain the defendant from} ithe act herain complained of, and for this purpose hereby offers a bor in such sum as this Honorable Cour Imay fix f PRAYER: > WHEREFORE, It is espectfully prayed that, after due notice and hearing a préliminary Injunction be| |'ssued forthwith to restrain defendant from doing tte ect herein complained of; namely, to cease and desist! {rom seting the produce of BUWAYA ING, inthe Philppines; and that afte trial, sad Injunction be made, lpermanent, with costs, arid with such further orders thet are just and equitable in the premises, Lity.of Me ile: Mereh 3, 2009, SIGNATURE OF COUNSEL (FORM NO. 1) IED VERITICATIO' b, Special Civil Actions Commenced by complaints: 4, Interpleader 2. Expropriation 3. Foreclosure of Real Estate Mortgage yo) 4 attion t 5. Forcible Entry or unlawtul detainer Ma A aed ‘Commenced by petitions: { Sinha 1 4, Declaratory rellef anc similar remedies Y 2. Review of adjudications of the constitutional commisa' : 3. Certlorar, prohibition, and mandamus : 4, :Quo watranto } 5, Contempt... ‘ Fo.m No. 63, interpleader (1998 BAR EXAMS) s Related Rule: Rule 62, ROC j Interpleader:-Theré. eré, confileting claims upon the subject mi Interget in te subject matter oF a intereetwhioh in whole on - The.person may, bring &n attion against the conflicting {tigate several claims among themselves, (Sec, 1, Rule 62, ROC): Quiék Summary: (PeFo-DoC-CPC) | 1, Personal croumstances 2. Possession of the plaintit of he property (including circumstanzes | 3. Defendants claim that they are the qwners 4., Plaintiff cannot determina the conficting claims i ar122 |2009 CENTRALIZED BAR OPERATIONS San Beda College of Lary TELLER CENTRALIZED BAR OPERATIONS _____San Beda College of Za 5. -Gauee of action for interpleader 7 8. Prayer 7. Gerliication of nan-forum shopping Example: Conflicting olaim on p’ssonal propariy , 7 ~~ Republic of the Philipines + : REGIONAL TRIAL COURT 7 Nadonal Capiial Jucielal Region : Branch Of, Manila WUANTAMAD, .* "Plains, : : . ‘Special Civil Actiori No, 000001 versus - [MARIA MAKILING be Defendants, be x Plain by the undorsigned counee, respectfully avers that ax ae eM a a al a, ignatig wace o ara ng (Makati City indent Maria Makiling is of legai age, single/married, and a realdent Mahiav St. \Centave Vit Manta: defendant Pode Pendut 1s of Tegal age, silenmastes: and & eae aoes 8 St Cubao, 2.n or about May 08, 2008, the plait found a Rolex arist watch gcld ring in San Beda College |Campus:in Mendiola, Manila, without knowing who its true over Ie: 3. The sald personal property is now in the possession of the plaiatitf 2h oF about June 10, 2008, the defendants presented themselves tothe plalnlif, each claring to} he the true and exclusive ovmer of the property in question; 6. The piaintif, wo claims no interest whatsoever In the sudject rattar of thie action, cannet| {determine the conflicting claims of the defendan.s; maine plant brings th's action against the con"iting claimants to compel ther to interplead and! litigate their sevoral claime among themseives. | WHEREFORE, Its respectfully prayed of this Honorable Cou 8, To issue an order suiunoning the defendants :o interplead with ong aggiher eo as to determine heir respective rights and claims, ». To allow plaintiff to recover his expenses of s 's frst len upon the subject walter ofthis action q 7 City of Mantla; June 15, 2009, (Quick Summary for Certiorarl, Prohibition and Mandamus: (Pete 1 Bersonal circumstances of parties. <2 ‘Grounds relied upon. Fling within $9 days from notice of judgment or final order. "SAO 8 {erticaton & Certicete of nar-orum shopping. Eroot of Service (it led before the RTC, no root of service IS ag Attached thereto Ie the certified true copy of the judgment Saba pffion and the material portions of the record that would supper: he pation. Noeaen Eby- loxereising Judicial functions) has ected without, or in excess of its jurisdiction, ot with grave abuse of} oan Beda College of Law MEMORY AD JN LEGAL ETHICS AND PRACTICAL EXERCISES] 223 Form No. 64. Petition for Cartiorari Related Rule: Rule 85, ROC Venue: RTC, CA, “SC Review -fi_d with the SC: ‘+ Against members of the judiciary and attorneys, and cases affecting mmbassadors, other public ministers and consuls may be fled originally in the Supreme Sour. ‘+ Those involving questions of law (petition for review in certiorer\) ‘Republi ofthe Phiipsines GOURY OF APPEALS Masia JUAN TAMAD, Petitioner, CA-G.R. SP No, 000001 + versus: IKON, YUSTIS YA |AS Presiding Judge, Branch 0: Manila, PEDRO PENDUKO, and THE REGISTER OF DEEDS, MANILA, Respondents Henne nen PETITION FOR CERTIORARI ‘The potiioner, by the urdersigned counsel, respect allagen that 4, The petitioner is of !sgal age, single, and with residence at #8 /fayaman $', Milton Vill. Mekat \Gity, He is the defendent in ivi Cave. No. 12945, Branoh 6%, Manta Ciy.RTG: Respondent Pedro \Penduko ts of legal age, singie with residence at #858 Sardinas St_Cubao, where he may be served with| liegul processes. He Is the plaintif in vald Civ] Cago no, 12945, Respondent Yust/s. Va is of lagal age and Is} Ithe Presiding Judge of Brenct; 01, Mavilla, who issued the questioned orders and Is sued In his official lcapacty as such. Ho may be served wih legal procosses st sald Brurc' 0/,.R7C, Mem, Respondent Register of Deeds of Manila City if of legal age and is being sued in his official capacity as such, He may be| served with legal processes at his office In Manila City. 2. [state the facts and circumstances winder which the respondent (irlbunal, board, or office: discretion in the exorcise of his judicial functions, Including your argunents); '3, These la no appeal ffom such decision or any piain, speedy, anda coir of lew, 4, On October 20, 200# respondent Judge lasued directing the Register of Deeds of Manila City to lesudWay |respondent, Petitioner received ‘& copy of sald order on Qetel lattached hereto as Anney. “A + '6; On October 26,.2008, of within 18 days from redband semady In the ordinary) |moton for reconsideration of sald order. On ‘Novemibs for} lreconsideration, and copy theraof was served on petitioner @ ald) lorder of denial is attached hereto es Annex"B.” ei X order| 6, The Instant petition is filed with the Court of Appel \Annex ‘B:" WHEREFORE, It ls tespecttully prayed, that a wrt af cha lorder herein complsined of, (with prayer for a preliminary injun Ite rights of petitioner pending such proceedings), and afte lannulling or modifying the decision or order subject of this petiing ltebunal, board or officer, with casts against private responden’. [City of Manila; November 03, 2008 SIGNATURE OF C ee 23324 |2009 CENTRALIZED BAR OPERATIONS Son Bers College of Law URS eNTRAURED pam OPERATIONS err Bey Galego Zaty_ [Copy furnished: am Name and Address of adverse counsel (Personal Service) COMBINED VERIFICATION WITH CERTIFICATION ON NON-FORUM SHOPPING Eee jun PROOF OF SERVISE Fort No, 08, Petition for Prohibition (1995 BAR EXAMS) Related Rule: Rule 65, ROC 5 Venue: RTC, CA or SC i fie Philippines 7 COURT OF APPEALS Manila JUAN TAMAD, Petitione CA-GR. $° No, 000001 versus — HON. YUSTIS YA ‘As Presiding Judge, Branch 01, Manila; . |PEORO PENDUKO, Respondents, [Xonar X PETITION FOR PROHIBITION Paotiioner, by the underaigied counsel, iespectfly alleges “hat: . is mar attioner Is of lagal ape, single, and wth residence at #2 Mayamun St. Mion VIL Mt a ne (the defendant in Gil Case ta, 12245 Branch 139. Mona Cie tre Roe {zauiduka We of lagal age, single with residence at #585 Sardinas $i. Cuba wroene may be served with pus processes, Ho lathe pleinif In sald Civd Case no, 12936, Mespondent Yusis Ve ts cf legal age and ie| the , who issued the questioned orders and Is sued In his official ‘capacity as such, He may be served with legal processes at eald 1, 2. (Slate the lacts and circumstances under which the tasnondent [tdbinel corporation, board o Fasc ment exercising functions judietel or ministorial} acted without or in excoes ot te oe Na use Of discretion in the proceedings corn 3. There is to appeal from such act or any other lcourse of law; x Junsdltion, or with gra 4. A certified true ropy of the, Judgment (or order) si \"A*, togethey with copies of all pleadings and documents rel 5. [state the matorta! datas showing when notice of thereot was received, when a motion for new Wsial or reconsida% gi au | Bor the! | ene thereor was received. So WHEREFORE, it Is reepecttully prayed, that pending Was ‘3 |lnluncuon be granted ordering the cesponaen Henbey ple JOG a to} [proceedings in the premises, and that ater ave nclice antaghirtn |commanding the said respondent to desist absolutely and perpyy lor matter in question), with costa, I 2. Copy furntehod: Namie and Address of adverse couneel |(Personal Service) eee os Cy 1am eer iawere Lemneet San Beda College of Lye MEMORY AiD IN LEGAL ETHICS AND PRACTICAL EXERCISES] 125 COMBINED VERIFICATION WITH CERTIFICATION OF NON-FORUM SHOPPING EXPLANATION (if by rog Form No, 65. Petition for Mandamus ‘Related Rule: Rule 65, ROC. Republic of the Pailigpites REGIONAL. TRIAL COURT National Copital Judicial Region Branch Of, Mania JUAN TAMAD, Petitioner. ivi Case No..000001 + versus - [The Sherif of Manila, Respondent. anne ne X x PETITION FOR MANDAMUS. ‘The petitioner, by the undersigned counsel, resjectlully alleges that: 4. The petitioner Juan Tamiad Is of legol age, sincie/married! and resident of #8 Mevaman St. Milfon |viu_ Mekal, Defendant Sheri of Manila is of age and may be served with summons and other legel [processes at the Office of City Shariff of Mania 2. On uly 4, 2008, the tral court in Gill Gase No, 12946 Branch 168, Issued a writ of execution to satisfy the money judgmen! of £300, 000, plus attorney's fees of 100, 000, both wih legal interest thereon Iper annum, awarded I. sald caae in favor of pettiorer against the defendant 1 said case. 3, Respondent Sheriff received sald writ of execution for enfrrvement on July 2 2009; but notwithstanding repeated ciamands made by petitioner, he refused and stil refuses to Implement the seme, jwithout any valid excuse therefore 4, tmplomentation af said writ of execution Is a ministerial duty of the sheriff enjoined by law or| lresutting from his office, and there is no other plain, speedy, and adequate remedy in the ordinary course of law, other than the Instant petition for mandamus. 6, The petitioner by reason of the wrongful act of the respondent hi lot WHEREFORE, {tls respectfully prayed, that aft issued, commanding the raspondant Sheriff of tAania t land to pay damages of F200, 000.00, plus cost of suit, City of Manila: July, 16, 00%. |Copy furntuhed: |Name and Address of adverss counsel EXPLANATION (tf Form No. 67. Petition for Quo Warranto Related Rule: Rule 66, ROG Qulek Smmary: (CUT-PVC) 4, Personal Glrumetences of the parties (Solicitor General andlor prival 2. Cause of action for Guu warranto (facts showing ustrpation of office anfpettt'or 3. -Prayar 4. Verification and Certificate of non-forum shooping26 12009 CENTRALIZED BAR OPERATIONS Han Bers College of Lay nnn 2 HEE College of Katy ue Wurrento: an action forthe usurpation of a public office, poeton, or franchise, Pe Morea erties Pelion brought in the name of Republe of te Riiplnes agoinet: frahenisy "M2 UHI, Indes ito oF uniavrly Lolde or exerlaoe a pobie oee position or franchieo; 2 fA Public offcer who does or sufers an ac: which, by he provision cf law, conaitites a ground for the forfeiture of hs office: or 8 Mneerccatlon which acts as corporation in the Philapines without belng fagally Incorporated or ‘without authority to 30 act. Example: Petition for quo warranto by individual Republic of tie Prilipoines REGIONAL TRIAL COURT. ‘National Gapital Judiolal Reglon Branch 01, Manila JUAN TAMAD, Pettioner, Givit No; o00001 For: Quo Werranto + veraus ~ MARIA MAKILING Respondent, X crneenee nneenerene PETITION ‘The petitioner, by the undersigned counsel, respectful avers that: | fad oe tone* Luan Tamad Iso! legal age, single/mamed, and residing at #8: Mayaman St. Mition nae getPos Mala Making is of legal age, single. and Testing of ‘#2 Mahan St 2. That petitioner has been permanently appolnied as chlet ofthe collecton department of the FIR forts offce In Manta as shown by his appolntmant paver copy of whichis Senses as Annex“A.* itor atener |g covered by tre Civ Service and enjoys. secur of tenure Pursuant to the| pranaltutlon and Civ Service Laws; thus, he canno: be remaved without cai so ‘and only after due [process of law; 4. On October 20. 2008, petitioner went on offical leave, {ave. he found aut that his poston of chief ofthe collection dep [Claimed that ha has been appointed’ therein by the Ct |vacate his office in favor of hurein petitioner 5, Palitioner damanded of respondent to vacate f hereof end he has:not baon removed in the manner pul WHEREFORE, It Is respectfully prayed: 2, That a writ of quo warranto be issuad ousting ar avtment of FUR Man . That the plaintiff be deciared enitied to said lotfce of, thereof; 9. That the plaintiff recover his costs, larch 3.2609, Form Wo, 68. Complaint for Judia!~! roreclosure of Mortgaga Related Rule: Rule 68, ROC Quick Summary: (CED-NU-OPC) 1, Personal Glreumstances of the; aries FE rrrat te FL heel Ld Nepean San Reda College of Zan MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES] 127 nen MEMORY AID IN EGA 2. Date and due executlon of the Mortgage (with assignments, if any) 3. Description of the morigaged property, 4 Statement of ne date ofthe note or other documentary evidence of the obligation secured, 8. Amount claimed to be gnpald. 6. Personal circumstances of :ho oth {must be Included as detendanis) 7. Prayer 8. Gertficate of non-forum shopping ser merigayees of the property cr any person calming interest thereon Republic of the Philippines 7 REGIONAL YRIAL COURT ' National Capital Judicial Region Branch 01, Manila JUAN TAMAD, Paint, Civil Case No. 000001 versus ~ For: Foreciosure of Re al Estate Mortgage MARIA MAKILING, Defendant. x ————— x COMPLAINT Plaintif, through the undersigned counsel, respecituly avers that {The petitioner Juen Tamad is of legal age, single/married, and residing at #2 Mavaman St, Millon ‘Yl. Makall City wnie responcient Maria Makling i of lega! age, single, and resting al #7 Mahan St Centave Vill Manta City, 2. On October 20, 2007 defendant borrowed Php 500, 000 from plaintiff, payable within one year from said date, with 6% interest per ‘ennum; to secure payment of such loans, he executed on the same date Beal Estate Mortgage on his fot located in Manta City covered by TCT No. 129450 of the Registy of Deeds of Manila, more particularly describe as follows; (Copy technical description) Gopy of said real estate mortgage is attached hnreto and made integial part huieot as Annex “A,* zor, & Said Real Estate Morgage was registered with ine Registry of Deods of Marla on October 30, z. 4. Said Real Estaie Mortgage Is the first moctgage constituted on said {and and no other person Is | aiming any other interest thereon; aes! 4, One-year period hes expired, without defonda Acvordingly, plaintiff demanved of defendant to pay defendant continually refuses 0 pay the same. WHEREFORE, plain: prays for judginont as. follows. 1. Ordering defendant to SIGNATURE 2G in SERTIFICATE OF Foim Ne. 69. Complaint for judicial Partition of Real Estate Related Rule: Rule 69, ROC ‘A person having the right to compel the partiln of real estate ma! ‘is complaint: r ‘Nature and extent of his tile oo . Adequate description of tho real estate uf which partition Is cemanded: 3. Joining as defendants ail the other persons interested in the progerty.128 |2009 CENTRALIZED BAR OPERATIONS Hin Beda College of Lato Quick Summary: (P-CRAP-C) 1, Personal circumstance 2, Fact of go-ownership and description of property 3, Plaintiffs request for partion 4, Request for amicable settlement of the partion : 5. Prayer 8 Gombined veritication with certification of non-farum shopping Republi of tie Philippines REGIONAL TRIAL COURT National Capital Judicial Region Branch 04, Manila WUAN TAMAD, : Plalntit, Civ Case No. C0000 For: dudiclal Partition of Estate *versus ~ IMARIA MAKILING. Defendant. x an x COMPLAINT Plaintif, by the undersigned counsel, respectfully avers: J. That the petitioner Juati Tamad Is of legal age, single/married, and residing at ‘whlle respondent (daria Vakiling Is of legal age, single, and residing at #7 Mahirao| 2, That the sald parties are co-owners, by virtue of intestate Inheritance from thelr deceased! Pe er certain real properties located in #10 Nakpl St, Malate, Manila, more particulary described a follows, to wit (Boscription of the estate which parttion 1s demanded) 3. That the plaintlf desires that the above ren! estate he partitioned aetwean the plaintif end thel Idetandant; 4. That the plaintlf has requested of the defendant that the a be amicably [parittoned between them,by mutual agreement, but the gig defend to refuse tg Ido ao, WHEREFORE, its respectfully prayed &. That, after due hearing, the partition of the above [paint and the defendant, share and share alike; b, That the costs and expenses of these proceedings i Ghy of Marula, Suh 18 2009 ©, Appeal Form No. 70, Appellant's Brief Reviow: Filing of the Appeliant’s Brief shall be the duty of tne Appeltant > forty-five (45) days trom receipt of tne notice of the clork that al tie evidufée, o”Nbid documentary ara attached to the record, seven copies of his legily typewniten, "nimeographed or mrintnd brie, with proof of service of two (2) coples thereof upon the appsiice.Meh me Rpm Ieee eet 1 J Lt San Bedu College of Ha0) MEMORY AID iN LEGAL ETHICS AND PRACTICAL EXERCISES] 129 Format of Brie: ae stated ii the decision of the Supreme Court in A.G, De Liano v.CA, G.R. No. 142316, ‘November 22, 2001 (JECFIARF) 4. Subject index- it faclitatss the review of aposals by providing ready reference, functioning much like & table of contents 2. Assignment of Errors ~ numeration by sppetiant or plait in error of the errors alleged to have been committed by the court below in the trlal of the case Upon which he seeks to obtain reversal of the Judgment cr decree 3. Statement of the Gass ~ gives the appeliate tibunal an overview of the judicial antecadents of the case, Providing materi! informatio regarding the nature of the ccntroversy, proceedings of the trial court, orders ‘and rulings elevated on appeal, and the judgmert its 4. Statement of the Fact ~ enumeration of facts which corstitute the backbone of a legal dncument. ait should contain the facts admitted by the parties as well asthe facts in controversy. , Should be supported by page references to the record. 5. Statement of the [ssues = It puts forth the question of facts or law fo be resolved by the appellate court. It Is not the same with Assignirent of Errors, &. Arguments — the arguments to support or justify the contentions stated in tne assignment of errors which Would resolve the issues, * Itshould be supported by citations and uthorties, 7. Brayer~ the reliefs prayed for by the wppellant or his dashed resut, ~~" Repilbiié of the Philippines ‘COURT OF APPEALS Manila JUAN TAMAD,, Plaintift- Appellant, CA-GR. No. 000001 versus — For: Sum of Money MARIA MAKILING, Defendant: Appellee. Keene x BRIEF FOR APPELLANT Plaintiff-Appellant; by counsel and to this Honoreble curt respectfuly fies his brief for tho eppetiant. SUBJECT INDEX, 41, Arguments: + Digest arguments in each assigned e:tor, and make referen 2. Tab'e of cases clied, alphabetically urrangad, 3, Table of statutes clled, with reference to pages Bt ._ ASSIGNMENT OF ER’ ‘The tret gourt committed thie following errors, as folic (List all assigned errors, separately, distinlly and concisely, I" 1" STATEMENT CF THE CO sent here a clear and conclee statement cf the: ature of the action ‘@ summary of the proceedtinigs the appealed rulings und orders of the court the nature‘cf the judgment, quoting the dispostive pug any othor smatters necessary to an understanding Wigs th page ‘references fo the record, > | : STATEMENT OF THE FACTSCD, “The facts inthis cade are 2s folows. : Under this, present clear and concise statemen In a narrate Bdmitted by both partles and of those In controversy, together with the substance cf t eto in sufficient detail to make It clearly inteligible, with page references to the -ecord and t 17130 }2009 CENTRALIZED BAR OPERATIONS San Heda College of Law eae ee te nn ne ee OF LAL ‘STATEMENT OF THE ISSUES ‘The issues of law and of facts raised in this case are as follows: (Make a clear and concise statement of the issues of fact of law to be submitted to the court for ite Judgment.) ARGUMENT (Discuss under each of assigned errors appellant's arguments, with page references to the record, ‘The authorites relied upon shail be cited by the GR. No. of the case and the date) For Instance: People ofthe Piippnos vs, iuan Tuma. No. SE56S (August 15,1095) aeahae PRAYE? 5 WHEREFORE, Plaintiff. appellant respoctully preys that the questioned decision, Annex ‘A", of the trial court be set ablde’and auilfied, and judgment be rendered in favar of plaintif-appatiant as prayad for his ‘complaint, a8 follows: (copy) Plaintff-appeliant further prays for such other relies a may be just and equitable in the premises, March 03, 2009, Manin 7 H : Form Not APPENDIX A" (Cartiied True Copy of Judgment Appoaiad from)» __.PROOF OF PERSONAL SERVICE tee Form No, 71. Memorkndum ' Related Rule: Rule 43, ROG Purpose; Summation ‘of the parties’ previous plea‘ings. ‘t becomes the basis of the appellate court's decision. Review: Ifthe petition Is given due course, the appellate court may require the parties td submit a memoranda within a perlod of 18 days from notice, The case shall be submitted for decision upon fling of the last pleading oF memorandum reqcired by the Rules of Court or appellate court Notes: ‘+ Nonew issues may be raleed by a party In the Memorandurn + {ssues raisad in previous pleadings but not ineludad In the Memoran¢um shall be cleemed walved 2 abandoned ‘+ The memoranda submitted by parties are considered by the court in deciding or reaaiving the petition Parts: (CFIAP) 4. Statement of the Case 2. Statement of Facts 3. Statement of [ssues 4 8. ‘Argument Braver JUAN TAMAD, Petitioner, = versue ~ MARIA MAKILING, Petitioners, 330San Beda College of ay MEMORY AIL. IN LEGAL ETHICS AND PCACTICAL EXERCISES) 131 TEMENT OF THE CASE *Statement of the C60." ie 9 clear and concise statomert of the nature of the action; a summary of the proceedings; the challenjed decision, resolution, nr crder of the court below, the nature of the judgnient, ard any uther matters neca:s3ar to an understandiny of the nature cf the controversy, STATEMENT OF THE FACTS "Statement of the Facts,” ia 9 clear and concise statement in a aarrative form of the established Meet facts, : STATEMENT OF THE ISSUES 'A ‘Statement of the Issues" Is # clear and concise statement of the issues submitted to the Court for ~ +] Resolution, which should be limited to issues of law only. ‘ARGUMENT The “Argument” is @ citar and concise presentation of the argument in support of each Issue, PRAYER WHEREFORE, petitioner respectfuly prays that the questioned cecision Annex *A" and the order ‘Annex *B" be set aside and nulfied, and another one rendered granting petitioner tha following rellefe: (Copy reliefs from complaint) March 03, 2009, Manila Feel be rome 4 Form Not, i APPENDIX’A" 2 (Cettitied True Copy of Judginenit Anpealed fom) eee PROOF OF PERSONAL SERVICE See Ee Fonn No, 72. Potition for Review Related Rules: Rule 41, 42, 43, 44, 45 ROC. . Parts: (NPTFIEGDP) 4, Nature of the Case 2, Parties 3, ‘Timeliness of the Petition 4, ‘Statement of Eacts and Matters Involved s 5, [ssues Raised © 3, Etrors Committed by lower court {7 Grounds of reasons for aliowance of Anpeal gh 8) Discussion 8. Breyer Exampie: Appeal by petition fr review within 16 days to Curt of Appeais In electment cases sone Republi ofthe Philippines ; Count OF M ‘Mani c UANTAMAD, : ‘Se Petitioner. iat CA sveraus = : MARIAMAKILING, Respondent 7) ° i! Xone x Oe Peiitione, by epunéel and to this Honorable Cour, respect NATURE OF THE CASE ‘This ié a petition for review pursuant to Rule 42 of the Rules of Cou Talal Court of Manila, Branch 4, entitled, Juan Tamad vs. Ms a132 ]2009 CENTRALIZED BAR OPERATIONS Sar Beda College of Karo affimad the decision of the {Metravolitan Tiial Goust in Chil Case No, 00001diemissing_plaintifrs {now petitioners) complaint for seciment, upon defendant's (now respondent’) motion to dismiss, on the ground that the RTG, In the exercise of Its appellate jurisdiction, commitied in te decision ‘errore of law and fact : THE PARTIES 3 5-0 . 1, Petitioner is of egal age and Is the plaintif in sald ented Juan GWvil Case No.90091, inthe MTC. Manila end the appeliant in said_Civl Case 2, Respondent:ts:lso of legal age and is the delendant in seid Gul Cais 00001. TO, ‘Manla.and the appeiiee in said Civi Coxe 1o.00001, RTC Manila, He may be served wi {egal processes at c/o his counsel, Ay, Jose Megtangadl, with office acdnvse at #12 Naka! SL. Malate, Manila, a TIMELINESS OF PETITION 3. On March 24, 2009, peiitioner received a copy of tha dacision of the RTC in Givil Caso ‘2.0900, Certined true copy of the decision 's attaches hereto as Annex ‘A", On . oF within the 15-day period trom recelpt of sald cecision Annex *A," Petitioner filed @ motion for reconsideration of sald decision. On Apri 9, 2099, the tral court denied said motion for reconsideration, copy of which denial was recelved by petiioner on Abdi 21,2009 . Cestlifed true copy of the order denying tite motion for reconsideration is attached hereto es-Annex "8", 5. The instant petition is lad within 18 days from recelpt on May 02, 2009 of the order denying the motion for reconsideration. (Annex *A") STATEMENT OF FACTS AND MATTERS INVOLVED. ‘The fact.al background and proceedings are as follows: (Here make concise statement of the facts and proceadings that took place in the MTC and RTC, unt the fatter rendered its questioned decisior: and its cata of receipt by petitioner) ISSUE RAISED i The Issues raised in this pettion are (Enumerate only issues of iaw) ERRORS COMMITTED BY TRIAL COURT (Erurnarate the eriors of facts and faw) GRCUNDS OR REASONS FOR ALLOWANCE OF WRIT PRAY! (OD FOR. Enumerate the grounds or "aE DISCUSSIOH I WV COLLEGE OF LAW en PRAYER 3 WHEREFORE, petitioner respectfully prays 3 followaR) 4, , That the petiton be given due course; ee 2, "That after due proceedings, judgrient be rendered set Araex “A” end tne order Annex 6" hereof, enc reman& further proceedin COMBINED VERIFICATION AND CERTIFICATION AGAINS%4 _ SURAT =O iarSan Beda College of Katy MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES 133. * 2. Criminal Actions PT EE Sen XL [A sworn wrtten statement chsh ‘a person w/ Jan offense, subscribed by the offended party, leny neace officer or other public officer charged }w7 the enforcement of the law violated (R110,S00.3, ROC) An accusation in writing chaiq.ing @ person with an offense, subscribed by the proseciitor and filed with the court (7170, Sec. 4, ROG) Sufficiency of Complaint or Information (Ruy 170, Sec. 6) it states the folowi 9: Name of the accused Designation of the offense giver, by the statute ‘Acta 01 omissions compizined of a8 constituting on offensa; Name of the offended pasty; a Approximate date of the commision of tne offense; € Place where the offense vas committed ‘When an offense fs commited by more than one person, t should be Included In tho eomplalnt ot information. hee LF LE a4 Institution of Criminal Actions. 1. Offenses where preliminary Investigation Is required (Rule 112, ROG) ~ fling the complaint with the proper officer for the purpose of conducting the preliminary investigation. Essential Parts of a Complaint where proliminary investigation is required: (CHOB-CO-CJ) @ Caption; ». Heading, ©. Opening Sentence; d. Body alieging facts or omiseions constituting 2 crime; e. Contrary to law; {. Oath of Complaint with his/her signature; Gectifcation of the Prosecutor; and fh. Jurat 2. All other offenses — fling the compliant or information directly with the MTC and MCTC of the complaint with the prosecutor's offica. In Manila: In the prosecutors cffice: Essential Parts of Direct Filing of Complaint: (CHOBS~') . ption b. Heading © pening Sentence 4, Body Mleging the fec's or omissions |e. Blgnatue y fe durat Form No, 73. Caption of Criminal Complaint Requiring cok heel Lame 4 hace 1 + } JUAN TAMAD, Compisinant, : versus: 4 MARIA MAKILING, } Respondent, Xen “K COMPLAINANT, with residence al crime of frustrated murder, c3-nmitted as follows! I 133130 [2009 CENTRALIZED BAR OPERATIONS, Bin Bedu College of Lar Form No. 74, Jurat or Oath of Criminal Complaint o1 Affidavits of Witnesses B fore the Prosecutor SUBSCRIBED AND SWORN to before me, tne undersigned prosecutor, tila day of March 2009 8 : ‘The underslgned Prosecutor certies tha’ he versonally exemined tha affiant and that he le satisfied that he voluntarily executed and understood nis complaint-affidavit ee (Signed) Prosecutor a —! Form No. 78, Complaint-artidavit (In gouvera) Caption (Forir, No. 73) i Kose renee COMPLAINT-AFFIDAVIT ‘Complainant, of egal age and with recidence at the crime of ____, with residence or address at _ ~~ Describe if detal! how the crime was committed. : ‘Attach all supporting doc sments and affidavits o! cther paisons or witnesses, (Signed) Complainant __- SURAT (Form No. 71) bi Information ential Parts of Information (CHOB-CCPJAWB) aption Heading Seening Sentence 4, Bouy alleging the acts or omissions constituting the crime . 8. Contrary to Law 8. Gartiication of Preliminary investigation 7. Juret 8 Approval of City Prosecutor (I fled by Assistant city Prosecutor) . List of Witnesses 10. Bali Recommended “oF Form No. 76. Certificate of Preliminary Investigation Form No. 77. Certification as to Conduct of inquest ——————— thereby cartty that the accused was lawfully arronteet Informed of his rights, refused to waive the provisions of Avticiagty this reason, an Inquest wag conducted; that based on the comply ‘ma without any countervalling evidence submitted by the accused Teatonable ground to believe that the accused has committed the crffng {for said crime. Jt, thore is thus, be held i cryeen MEMORY AID (HH LEGAL ETHICS AND, YRACTICAL EXERCISES] 135. oa ¥ 4°” Form Ne. 78. nformation for Acts of Lasciviousness (2006 LAR EXAMS) ‘ t Republic of the Philippines ace f REGIONAL TRIAL COURT National Capita Judicial Region 5 Branch 04, Manila | | PEOPLE OF THE PruLppINes a : ‘Criminal Case No. 000001 } ‘ats of Laselviousress - PEDRO SANTOS, Accused. x INFORMATION ‘The undersigned, previncial prosecutor, upon sworn complaint originally fled by the offendad party, j, Jaccuses Pedro Santos of the aime of an ACT OF LASCIVICUSNESS, committed ae follows: That on or about _. _ in the City of Manila, Philippines, within the Jurisdiction of this Cour, the sald accused, aziiated by lust, did then nd there, willfully, untawfutly, and foloniously, jcommit an act of lasciviousnase on the pereon of Juana Dela Cruz by then and there embracing and kissing} her and teuching her breasts and sexual organs, against hr will, and by means of forea. 1 Contrary to law. J Pee ee eee (ProvinciaVAsst. Oly Prosecutor} i CERTIFICATION OF PRELIMINARY INVESTIGATIONIOR CONDUCT OF INQUEST 7 SUBSCRIBED AND SWORN to beforu me this 3° day of March, 2009 in Manta City, i Provinclal’Asst, Cty Prosecutor \Approved: : [Provinelalcity Prosecutor OR Hi |Chief State Prosecutor : lwitnesses: < i enysitss + Names and addresses of wiinesses, faa b SA ne IED A, |BAIL RECOMMENDED: P. (ornate Sei REE OHS LAW i a a aa is : Form No. 79. Information for Rape (2203 BAR FXAMS) 7 Related Lew: Anite 238 and 44 par.3) Peer TTT Repub of thie Philp aa REGINA! TRIAL CO : National Cepitel Judicial Rpg + * Branch 01, Wanila 4 d PEOPLE OF THE PHILIPPINES: Plaintif, i i REGIONAL TRIAL COURT National Capital Judicial Region Branch 01, Manila In the matter of the Petition tor |Probate of the Will of Juana Tamad, [Minor Juana Tamad, ® ‘SP. Proc. No.000001 JUAN TAMAD, Patitioner. — PETITION Tha petitioner, by the undersigned counso, respectfully represents that 1. Fatoner uar iamad. 8 o legl ago, Fipino, with residence at Ht Mavaman. Spon [Manila and ts the uncle of the minor Juana amad, age 7, end rasiding Mace witin the jurisdiction of tis court, petifoner Being the brome of he omer gt oe dnin 2.00 , both the parents of Juana Tamed diad In @ cat crash. 3, Parents of the minor left her properties, both real and personud, to wit (suite the properties) Poe wna arent of te minor ded intestate leaving no cher hers ox succeeds to tne whole of thir ostato. 6, Noarast of Kin of Jvane Temad are tho following’ (hore mention the nearest kin'® * 6, Dueto he minority ofthe said uae Toad IIs [nls person and property be appointed; 7, Lettgra:of guardianship are prayed tor by petitonar."§ land aa the minor's uncle, he has the best interest of the minor... Hit excoads P50,000.0 WHEREFORE, it rospoctfuily prayed that, after dug 1 ‘Clcot Manila: Eabacuy.12..2009. COMBINED VERIFICATIO!San Beds College of Law MEMORY AID iN LEGAL ETHICS AND PRACTICAL EXERCISES] 145 Form No, £2. Petition for Habeas Corpus (1979, 1092 BAR EXAMS) Related Rule: Rule 102, ROC Venue: + Supreme Court or Court o’ Appeels (or any member thereof may grant tne writ) + shall be enforceable anywhere in the Philippines = _telumable before the court OR any inember thereof ‘+ Reglonai Trial Court + enforceable only witht his judicial district = fetumable before the j1dge himself Republic af ha Philippines REGIONAL TRIAL COURT National Capital Judicial Region Branch 01, Manila In the Matter of Pelition for aber Corpus of minors Loma Tamad and Fe Tamad i ‘SP. Proc. No, 000001 Juana Tarnad, Petitioner. versus: Juan Tamad Responder PETITION PETITIONER, by counsel, respecttuly states that: 1. Patitionar is of agai ago and with sesidance al #8 Mayaman St, Milion Vil Mavi, Pitioner is the mother ofthe minors Loma Tamed & Ee Tamad, who were born out o the valid ‘marfiage between petitioner and respondent Juan /ermad. 2. ‘The martuge falled and petitoner has been living separately {rom respondent since 2008, ‘On June 28, 2009, respondent, unknown to pottioner, ebducted the minor children and has kept them incommunicado and nut of petitoner's reach 3. Being below saven (7) years of ago, susiody of tha minors is naxyrally to petiioner, as their mother. Consequonily,“espandent' refusal to allege over the minors is unlawful and unjustified, fi WHEREFORE, petitioner respacifuly preys thet Sars ey sespordent fo make a return vhowing his logat authority tod hd petition, and thereafter, pres xt the minor children personaliv chooses. Gily of Manila; July 1352000, Form No. 93. Petition for Ciange of Name Related Rules: Rule 103, ROG rludielal change of nama) RA 9048 (extra-judicial or administrative) Contents of the patito 41. Petitioner has bean a bona “de resident ofthe provincu whore the B prlor to the date of filing 2. Cause for which change of rame is sought ee venient a146 {2009 CENTRALIZED BAR OPERATIONS San Beds College of Lary 2, Name asked for Grou for change of na ‘Name is Ridiculous, dishonorable and extremely ctfcult 1 pronounce; 2 henge cframe'e lage cormoauonce cola egitmaton 3, When the change wil avold contusion 4) Having contnuaty weed end been known snoo chichood by a Fpno nome, unaware of her alen Parentage; 5. A sincere desire te adopt a Filpino name to erase signs of former alienage,’all.s good faith end without judcing anybody 8 the cumams causes embarrassment, no fraudulent purpose Is interded for suen change. : Quick Summary: (PAR-PAr-huW-PCv) 1 al creumstances 2 fance of potioner fr at least 3 years pricrto te fing ol pettion ~ 3, Brasentname 4 AKA, 5. Rosson for change of nemo 8. Newname ; 7. Braver 8. Gombined yerifoaion with ification of non-forum shopping Republic ofthe Pri REGIONAL TRIAL COURT ‘National Capital Judicial Region Branch 01, Manila lin the Matter of a Change of Nama {Of Boy Bastos to Anthony Santos SP, Proc, No, 000001 soy BAsTos, Hl : Pattioner, Ix PETITION Petitioner, by the undersigned counsel, repeattuly avers: | 4, That the patitioner Is of ago, singe and 2 rasident of #8 Maycman St, Millon Vil, Manila: | 2. That he has been a bona fide resident of the Dity of Manila since the yerr 1984, of for at toast ‘three (3) yaars prior to the dale of the filing of this peiivon; Inertia ez vae oe: eet of which Is attaced hereto as Annex “A”. His schoo! recoras ayy 0 | 4, That petitioner has no alias name; 5. The family name, which carries, "Gasfos.” moaris sp |manngred * which evoked derisive laughter among his schoollheds 6, That the petitioner desires to change his ame from |surname of his mother, to avoid derisive laughter among his 3B jombarrassment as he now Ir-tends to find wok after college ond lon. o | WHEREFORE, Its ros ociuly prayed that, ater due not ty rues of Cant and Rating: ha Tuannine nat erga a |ehanaed fo Anthony Santos, =) | | Shvot Mane dite SIGNATURES BaF ORM NO. 1)/ COMBINED VERIFICATION WITH CERT FICATION OF NON-FOR 146