Você está na página 1de 21

COMPLAINT e.

g (for sum of money)


1. Caption ( name of court , parties, docket no., for:)
2. Title ( Complaint)
3. Prefatory statement
4. Body
A. Identification of the Parties
B. Material dates, amount of money as evidenced by ____ (if any)
C. Failure to pay despite repeated demands
D. Plaintiff was compelled to institute this suit
E. Barangay conciliation
5. Relief (specific and general)
6. Address & date
7. A. Name of counsel (for plaintiff)
B. office address, email & contact number
C. Roll no., PTR no., IBP no., MCLE Compliance No.
8. Verification and Certification Against Forum Shopping
9. Name and Signature of the Plaintiff

TAKE NOTE:
- Review the rules on jurisdiction (amount of money/ cause of action)
- Do not sign

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch_____ Manila City
A,
plaintiff
vs. Civil Case No. 12345
For: Sum of Money
B,
Defendant.
x--------------------------x

COMPLAINT
Plaintiff, through undersigned counsel, to this Honorable Court respectfully alleges:

1. That Plaintiff is of legal age and a resident of 123 G. Tuazon St. Sampaloc Manila, while defendant is of legal age and a resident of
456 Pablo Ocampo St. Malate Manila, where he may be served with summons.
2. That on (Date), the defendant borrowed from the Plaintiff the amount of 1M evidenced by PN executed by the defendant on (date),
a copy of which is hereto attached as “Annex A”, promising to pay the plaintiff the amount of ________ with interest thereon at the
rate of______ within a period of one year from the date thereof.

3. That the period of one year expired on ______ but the defendant has not paid the said loan or but the defendant has not paid the
said loan or any portion thereof despite repeated demands;

4. That due to the defendant’s failure to pay plaintiff’s plainly just and valid claim, the plaintiff was compelled to institute this suet and to
engage the services of counsel, to whom he has agreed to pay the amount of P75, 000.00 at attorney’s fees, plus P3, 000.00 for
every appearance in court.

5. That barangay mediation was previously sought but no agreement was arrived at and the plaintiff was given a certification to file his
claim in court, a copy of which is hereto attached as Annex “B” hereof.

WHEREFORE, it is respectfully that, after due hearing, judgment be rendered ordering the defendant to pay the plaintiff the amount
of P1, 000, 000.00, with interest thereon at the rate of 12% per annum from January 2, 2009 until fully paid, plus the amount of P75, 000.00
per court appearance, as attorney’s fees.

And all other reliefs are likewise prayed for.

Manila, September 28, 2009.

ATTY. _________________
Counsel for the Plaintiff
(address)
(Email dress)
(Contact number)
Attorney’s Roll No. _______
Date ___________________________
PTR No., ______, Place/ Date of issue
IBP O.R. No. ____________________ Date/ Place issued ________________
MCLE Cert. No. _________________

CERTIFICATION AGAINST FORUM SHOPPING

1
I, A, after being duly sworn, hereby depose and state:

1. That I am the plaintiff in the above-entitled case;


2. That I have not initiated any case involving the same issues before any other court or administrative body;
3. That I am not aware of the pendency of any case involving the same issues or proceedings in any other court or administrative body, and
4. That if I should hereafter learn about the pendency of another case involving the same issues in another court, tribunal or administrative body,
I will notify this Honorable Court within five (5) days from thereon.

A,
Affiant

SUBSCRIBED AND SWORN TO before me this 17 th day of July 2018 in Pasig City, Philippines, affiant exhibiting to me his competent
evidence of identity by way of Passport with number XX0971748, issued at Manila, Philippines on May 24, 2017.

NOTARY PUBLIC

Doc. No.
Page No.
Book No.
Series of 2018

COMPLAINT e.g (for sum of money of a banking corporation)


1. Caption ( name of court , parties, docket no., for:)
2. Title ( Complaint)
3. Prefatory statement
4. Body
A. Identification of the Parties (banking corporation organized and existing under the laws of the Phils)
B. Material dates, amount of money as secured by ____ (if any)
C. Failure to pay despite repeated demands
D. Plaintiff was compelled to institute this suit
5. Relief (specific and general)
6. Address & date
7. A. Name of counsel (for plaintiff)
a. B. office address, email & contact number
b. C. Roll no., PTR no., IBP no., MCLE Compliance No.
8. Verification and Certification Against Forum Shopping
9. JURAT
10. Notary Public
11. Doc No., Page No.,Book No., Series of____

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch_____ Manila City
A Banking Corp,
Plaintiff
vs. Civil Case No. 12345
For: Sum of Money
B,
Defendant.
x--------------------------x

COMPLAINT
Plaintiff, through undersigned counsel, to this Honorable Court respectfully alleges:

1. Plaintiff is a banking corporation organized and existing under the laws of he Philippines, with principal office at 123 Ayala Avenue, Makati City, while
defendant is of legal age and a resident of 888 Kamias St., Quezon City, where he may be served with summons

2. On September 28, 2018, defendant borrowed from the plaintiff the amount of P1,000,000.00, subject to interest at the rate of 14% per annum, payable
on the fifth anniversary of the loan, and secured by a real estate mortgage over a parcel of land located in Cavite City, as evidenced by an agreement
executed on the same date, a copy of which is hereto attached as Annex “A” hereof;

3. Defendant failed to pay the said loan and interests thereon on the due date thereof, and continues to fail to pay the same until the present, despite
demands of the plaintiff;

4. Due to defendant’s unjustified failure to comply with plaintiff’s plainly just and valid claim, plaintiff was compelled to initiate this action and to retain the
services of the undersigned counsel and to incur expenses in the amount of P100,000.00 as and by way of attorney’s fees.

WHEREFORE, it is respectfully prayed that, after due hearing, judgment be rendered ordering the defendant to pay the plaintiff the amount of
P1,000,000.00 with interest thereon at the rate of 14% per annum from September 28, 2018 until fully paid, plus the amount of P100,000.00 for and as
attorney’s fees.

2
And all other reliefs are likewise prayed for.

Makati City, September 28, 2019.

(Sgd.)
Counsel for the Plaintiff
(Address)
PTR O.R. No. , Makati City, Jan. 3, 2019
IBP O.R. No. , Makati City, Jan. 20, 2019
Attorney’s Roll No. , (date)

CERTIFICATION AGAINST FORUM SHOPPING

I, A.B., do hereby certify that I am the President of the A. Banking Corp, plaintiff in the above-entitled case; that I have been duly authorized by the Board
of Directors of the said bank to execute this Certification against Forum Shopping, as evidenced by the Secretary’s Certificate of Board Resolution
hereto attached as Annex “B” hereof; that the plaintiff has not filed any other case in any other court or administrative tribunal involving the same cause
of action; that I am not aware of any pending case involving the same cause; and that should I hereafter acquire knowledge of such other action, I will
notify this Honorable Court thereof within five (5) days from acquiring such knowledge.

Makati City, September 28, 2019.

affiant

SUBSCRIBED & SWORN to before me this 28th day of September, 2019the affiant exhibiting to me his Community Tax Certificate No. ___________
issued at on January 31, 2019.

NOTARY PUBLIC
Until December 31, 2020

Doc. No. ____;


Page No. ____;
Book No. ____;
Series of 2019.

COMPLAINT (for several causes of action)

1. Caption ( name of court , parties, docket no., for:)


2. Title ( Complaint)
3. Prefatory statement
4. Identification of Parties
5. Body
- First Cause of Action
A. Material dates, amount of money as evidenced by ____ (if any)
B. Failure to pay despite repeated demands
- Second Cause of Action
C. Incorporates allegation number 1 (identification of Parties)
D. Material dates
E. Failure to pay despite repeated demands
6. Relief (specific and general)
7. Address & date
A. Name of counsel (for plaintiff)
B. office address, email & contact number
C. Roll no., PTR no., IBP no., MCLE Compliance No.
8. Verification and Certification Against Forum Shopping
9. JURAT
10. Notary Public
11. Doc No., Page No., Book No., Series of

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch_____ Manila City
A,
plaintiff
vs. Civil Case No. 12345
For: Sum of Money
B,

3
Defendant.
x--------------------------x

COMPLAINT
Plaintiff, through undersigned counsel, to this Honorable Court respectfully alleges:

1. That Plaintiff is of legal age and a resident of 123 G. Tuazon St. Sampaloc Manila, while defendant is of legal age and a resident of
456 Pablo Ocampo St. Malate Manila, where he may be served with summons.

First Cause of Action


2. On August 2, 2018, defendant obtained a loan from the plaintiff in the amount of ONE MILLION PESOS (Php 1,000,000) for which
he executed and delivered to plaintiff a PN, a copy of which is hereto attached as “Annex A”, and made part of this complaint, to wit:
3. Despite the lapse of the period for the payment of the amount stated in the note, defendant has not paid the same.

Second Cause of Action


4. Plaintiff hereby incorporates the allegations in Par. 1
5. On September 2, 2018 defendant again obtained a loan from the plaintiff in the amount of ONE MILLION PESOS (Php 1,000,000)
for which he executed and delivered to plaintiff a PN, a copy of which is hereto attached as “Annex B”, and made part of this
complaint, to wit:
6. Despite the lapse of the period for the payment of the amount stated in the note, defendant has not paid the same.

WHEREFORE, it is respectfully prayed that judgment be rendered in favor of the Plaintiff for the sum of TWO MILLION PESOS (Php 2,000,000)

And all other reliefs are likewise prayed for.

City of Manila Philippines, April 27, 2019

ATTY. _________________
Counsel for the Plaintiff
(address)
(Email dress)
(Contact number)
Attorney’s Roll No. _______
Date ___________________________
PTR No., ______, Place/ Date of issue
IBP O.R. No. ____________________ Date/ Place issued ________________
MCLE Cert. No. _________________

CERTIFICATION AGAINST FORUM SHOPPING

I, A, after being duly sworn, hereby depose and state:

1. That I am the plaintiff in the above-entitled case;


2. 2. That I have not initiated any case involving the same issues before any other court or administrative body;
3. 3. That I am not aware of the pendency of any case involving the same issues or proceedings in any other court or administrative body, and
4. 4. That if I should hereafter learn about the pendency of another case involving the same issues in another court, tribunal or administrative
body, I will notify this Honorable Court within five (5) days from thereon.

A,
Affiant

SUBSCRIBED & SWORN to before me this 27th day of April, 2019the affiant exhibiting to me his Community Tax Certificate No. ___________ issued at
on January 31, 2019.

NOTARY PUBLIC
Until December 31, 2020
Doc. No. ____;
Page No. ____;
Book No. ____;
Series of 2019. 

ANSWER

1. Caption ( name of court , parties, docket no., for:)

2. Title

3. Prefatory statement

4
4. Body: (DAC)

A. Denials

B. Admissions

C. Counterclaim

5. Relief (Specific & General)

6. Place and date

7. Counsel for Defendant

8. Plus: (VerCop)

A. Verification & Jurat, if actionable document is denied*****

B. Copy furnished: (name and Address of the counsel of the other parties)

C. Proof of service if by registered mail with explanation

Take Note:

-When an actionable document has to be denied, the Answer must be verified. If the Answer include PERMISSIVE COUNTERCLAIM, a
Certification of Non-Forum Shopping must also be added. This rule, however, do not apply to compulsory counterclaims. The circular applies
to initiatory and similar pleadings.
 Initiatory Pleadings – PLEADINGS THAT ARE ASSERTING A CLAIM
 Certiorari, Prohibition, Mandamus, Quo Warranto, Writs
 Summary Procedure pleadings
*****ALL MOTIONS HINDI VINEVERIFY (MORTAL SIN SA EXAM NI SIR) EXCEPT MR BEFORE THE OFFICE OF THE PROSECUTOR
Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Branch_____ Manila City
A Banking Corp,
Plaintiff
vs. Civil Case No. 12345
For: Sum of Money
B,
Defendant.
x--------------------------x

ANSWER

Defendant B, by counsel respectfully states that:

1. Defendant admits that portion of par. 1 of the complaint regarding the names, residences, and status of the parties, but denies the rest
thereof, for lack of knowledge sufficient to form a belief as to the truth thereof.

2. Defendant denies under oath the due execution and authenticity of the PN, “Annex A” of the complaint, the truth being that the same is
forgery and that he did not execute nor sign the same.

3. By way of special and affirmative defense, defendant avers:

a. That the obligation has been paid; and

b. That the cause of action has prescribed.

4. By way of counterclaim, defendant alleges that:

a. That by virtue of his unwarranted and malicious act initiated by th plaintiff, defendant was forced to engage counsel in the sum of
Twenty Thousand Pesos (Php. 20,000)

WHEREFORE, it is respectfully prayed that the complaint be dismissed and defendant be awarded the amount of One Hundred Thousand Pesos
(Php.100,000).

5
And all other reliefs are likewise prayed for.

City of Mania, Philippines, April 27, 2019

ATTY. X
Counsel for Defendant
Manila, September 28, 2009.
ATTY. _________________
Counsel for the Plaintiff
(address)
(Email dress)
(Contact number)
Attorney’s Roll No. _______
Date ___________________________
PTR No., ______, Place/ Date of issue
IBP O.R. No. ____________________ Date/ Place issued ________________
MCLE Cert. No. _________________

VERIFICATION

(only if actionable document and permissive counterclaim)

COPY FURNISHED:

Name and Address of Counsel of the Other Parties

PROOF OF SERVICE

EXPLANATION AS TO SERVICE (only if done by registered mail)

A copy of the said pleading was served to the plaintiff by registered mail due to lack of manpower or geographical difficulties.

(Sgd.)
Atty. Y
Counsel for Defendant

FORCIBLE ENTRY

REPUBLIC OF THE PHILIPPINES


First Judicial Region
Municipal Trial Court
Branch 5
Baguio City

JESSICA CAMILLE P. EDQUILAG,


Plaintiff,
-versus- Civil Case No. 18-042756
BRIAN V. SEGISMUNDO and, For: Forcible entry
BEA ROSE V. SEGISMUNDO,
Defendants.
x-----------------------------------x

COMPLAINT

COMES NOW, the plaintiff, through the undersigned counsel and unto this Honorable Court, most respectfully avers that:

1. The plaintiff is of age and a resident of 4 Baguio-Bua-Itogon Road cor. Outlook Drive South, Baguio City, Philippines;
2. Defendants are of age, Filipinos, with residence at 128 Tangerine St., Zenaida II Subdivision, Concepcion Uno, Marikina City, where
they may be served with summons and other court processes;
3. The plaintiff is the absolute owner of a fenced strawberry farm located in 4 Baguio-Bua-Itogon Road cor. Outlook Drive South,
Baguio City;
4. Sometime in June 27, 2018, defendants, forcefully destroyed the fence surrounding the said property, and cleared the property from
the seventy (70) strawberry shrubs planted therein to build their shanties without any authorization nor consent from the plaintiff;
5. Despite repeated demands to vacate the premises, defendants continued to occupy the subject property, thereby depriving the
plaintiff of lawful possession thereof; and
6. As a result of the defendants’ unlawful occupation of the property, plaintiff suffered actual damages of ONE HUNDRED SIXTY
THOUSAND PESOS (Php 160,000.00), representing the value of the fence and the strawberry shrubs. Receipts for the construction of the fence, as well
as the expenses incurred in maintaining and rehabilitating the strawberry shrubs are here attached as Annexes “A”, “B-1”, and “B-2”.

6
WHEREFORE, premises considered, it is respectfully prayed unto this Honorable Court that, after due hearing, judgment be rendered in favor
of the plaintiff.

a. For the restitution of the abovementioned premises; and


b. For the payment of damages, attorney’s fees and costs of suit.

Other reliefs just and equitable are likewise prayed for.

City of Baguio, Philippines, July 16, 2018

LENNON MCCARTNEY AND ASSOCIATES LAW OFFICE


Counsel for the Plaintiff
214 Penny Lane St., Brgy. Malinta, Valenzuela City

By:
JOHN LENNON
Roll of Attorneys No. 107136
IBP No. 795004/20 April 2018/Pasig City
PTR No. 2950426/24 April 2018/Manila
MCLE Compliance No. V-0014727/25 June 2018

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES)


CITY OF PASIG ) S.S.

I, JESSICA CAMILLE P. EDQUILAG, Filipino, of legal age, residing at 4 Baguio-Bua-Itogon Road cor. Outlook Drive South, Baguio City, after
being sworn to in accordance with law, deposes and says that:

1. I am the plaintiff in the above-entitled case;


2. The facts stated in the above complaint are true and correct to the best of my knowledge and authentic records;
3. I have not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to
the best of my knowledge, no such other action or claim is pending in them; and
4. If I should learn that the same or similar action or claim has been filed or is pending after its filing, I shall report that fact within five
(5) days from notice to the court or where the complaint or initiatory pleading has been filed.

July 16, 2018, Pasig City, Philippines.

JESSICA CAMILLE P. EDQUILAG


Affiant

SUBSCRIBED AND SWORN TO before me this 17 th day of July 2018 in Pasig City, Philippines, affiant exhibiting to me his competent
evidence of identity by way of Passport with number XX0971748, issued at Manila, Philippines on May 24, 2017.

NOTARY PUBLIC

Doc. No.
Page No.
Book No.
Series of 2018.

UNLAWFUL DETAINER
REPUBLIC OF THE PHILIPPINES
National Capital Judicial Region
Metropolitan Trial Court
Branch 4
Manila

RICHARD C. HEREDIA,
Plaintiff,
-versus- Civil Case No. 18-318926
MARK NIÑO I. SERRANO, For: Unlawful detainer
Defendant.
x-----------------------------------x

COMPLAINT

COMES NOW, the plaintiff, through the undersigned counsel and unto this Honorable Court, most respectfully avers that:

7. The plaintiff is of age and a resident of 2207 Moriones St., Tondo, Manila while the defendant is also of age, with residence at 864
Pedro Gil St., Paco, Manila, where he may be served with summons and other court processes;

7
8. The plaintiff is the absolute owner and lessor of a certain building located at 1524 M. dela Fuente St., Sampaloc, Manila, currently
being leased and occupied by the defendant;
9. The defendant leases and occupies the said building under the express obligation of paying a monthly rent of TWENTY
THOUSAND PESOS (Php 20,000.00). Payable within the first five (5) days of each month;
10. The defendant has failed to pay the rents for the months of May, June and July, which amounts to SIXTY THOUSAND PESOS (Php
60,000,00);
11. Without any legal justification, defendant continuously refuses to pay the said amount despite repeated oral and written demands. A
final demand letter was sent and received personally by defendant on July 6, 2018, or more than five (5) days before the filing of this complaint. A copy
of the final demand letter to pay the arrears and to vacate the premises is here attached as Annex “A”.

WHEREFORE, premises considered, it is respectfully prayed unto this Honorable Court that, after due hearing, judgment be rendered in favor
of the plaintiff.

c. For the restitution of the abovementioned premises; and


d. For the payment of ONE HUNDRED THOUSAND PESOS (Php 100,000.00), representing the arrears of rent now overdue, with
legal interest from the filing of this complaint, and costs of suit.

Other reliefs just and equitable are likewise prayed for.

City of Manila, Philippines, July 16, 2018

LENNON MCCARTNEY AND ASSOCIATES LAW OFFICE


Counsel for the Plaintiff
214 Penny Lane St., Brgy. Malinta, Valenzuela City

By:
PAUL MCCARTNEY
Roll of Attorneys No. 107137
IBP No. 792145/15 April 2018/Manila
PTR No. 292748/18 April 2018/Manila
MCLE Compliance No. V-0014726/25 June 2018

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES)


CITY OF PASIG ) S.S.

I, RICHARD C. HEREDIA, Filipino, of legal age, residing at 2207 Moriones St., Tondo, Manila, after being sworn to in accordance with law,
deposes and says that:

5. I am the plaintiff in the above-entitled case;


6. The facts stated in the above complaint are true and correct to the best of my knowledge and authentic records;
7. I have not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to
the best of my knowledge, no such other action or claim is pending in them; and
8. If I should learn that the same or similar action or claim has been filed or is pending after its filing, I shall report that fact within five
(5) days from notice to the court or where the complaint or initiatory pleading has been filed.

July 16, 2018, Pasig City, Philippines.

RICHARD C. HEREDIA
Affiant

SUBSCRIBED AND SWORN TO before me this 16 th day of July 2018 in Pasig City, Philippines, affiant exhibiting to me his competent
evidence of identity by way of Passport with number XX0814975, issued at Manila, Philippines on November 24, 2015.

NOTARY PUBLIC

Doc. No.
Page No.
Book No.
Series of 2018.

MOTION FOR RECONSIDERATION

REPUBLIC OF THE PHILIPPINES


_____________________
____________ Trial Court
Branch ____
_________

RICHARD C. HEREDIA,
Plaintiff,

8
-versus- Civil Case No. ___________
MARK NIÑO I. SERRANO, For: ______________
Defendant.
x-----------------------------------x

MOTION FOR RECONSIDERATION


COMES NOW the complainant by the undersigned attorney and within the reglementary period prescribed by the Rules of Court hereby files this motion
for reconsideration from the judgement of rendered by ___________________ of ____________ by virtue of newly found evidence which was not
obtained during the trial of this case and if produce will substantially affect the decision of the Honorable Court, to wit:

a. Newly found evidence


b. New vital witness

PRAYER
WHEREFORE, it is most respectfully prayed that the instant petition be considered by the Honorable Court and further grant the complaint.

Other relief be granted as shall be deemed just and equitable in the premises.

Makati, April 30, 2015.

ATTY. XYZ
Counsel for Plaintiff

NOTICE OF HEARING

THE BRANCH CLERK OF COURT


MeTC - Branch 63
Makati City

ATTY. ABC
Counsel for the Defendant
1234 Zamora Street, Pasay City

Greetings!

Please take notice that the undersigned counsel will submit the foregoing Motion for Execution to the Honorable Court on July 25, 2013 at 8:30
in the morning for its favorable consideration and approval.

XYZ

Copy furnished by registered mail:

ATTY. ABC
Counsel for the Defendant
1234 Zamora Street, Pasay City

EXPLANATION

Due to lack of messengerial services to effect personal service, a copy of the foregoing motion was sent to defendant's counsel through registered
mail.
XYZ

MOTION FOR EXECUTION

Republic of the Philippines


National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch LXIII (63)
Makati City

PREMIERE BANK,
Plaintiff,

- versus - Civil Case No. 100000

LIELA PADILLA CORPUZ,


Defendant.
x-------------------------------------------x

9
MOTION FOR EXECUTION OF JUDGMENT

COMES NOW, the Plaintiff through undersigned counsel and to this Honorable Court respectfully alleged:

1. That judgment was rendered by this Honorable Court in favor of the plaintiff on June 1, 2013;

2. That said judgment was duly received by the defendant on June 5, 2013 as shown in the registry return card;

3. That up to the present, the defendant had not filed any motion for reconsideration or had appealed from said decision, hence the decision has
become final and executory.

WHEREFORE, it is respectfully prayed that an order be issued by this Honorable Court for a writ of execution of said judgment.

Makati City, Philippines. July 5, 2013.

ATTY. XYZ
Counsel for Plaintiff

NOTICE OF HEARING

THE BRANCH CLERK OF COURT


MeTC - Branch 63
Makati City

ATTY. ABC
Counsel for the Defendant
1234 Zamora Street, Pasay City

Greetings!

Please take notice that the undersigned counsel will submit the foregoing Motion for Execution to the Honorable Court on July 25, 2013 at 8:30
in the morning for its favorable consideration and approval.
XYZ

Copy furnished by registered mail:

ATTY. ABC
Counsel for the Defendant
1234 Zamora Street, Pasay City

EXPLANATION

Due to lack of messengerial services to effect personal service, a copy of the foregoing motion was sent to defendant's counsel through registered
mail.

XYZ

MOTION FOR BILL OF PARTICULARS

Republic of the Philippines


Regional Trial Court
National Capital Judicial Region
Branch 1, Manila

STEVE ROGERS,
Plaintiff,

- versus - Civil Case No. _______


For: Sum of Money

TONY STARK,
Defendant.

x ------------------------------------------------------ x

10
MOTION FOR BILL OF PARTICULARS

Defendant, thru counsel, and unto this Honorable Court respectfully avers:

1. That the plaintiff’s complaint in its par. 3 alleges”:


“Tony Stark borrowed money from me on jJanuary 10, 2016;

2. That said allegation was insufficient and defective in that it fails to specify the amount;

3. That a more definite statement on the matter as above indicated is necessary in order to enable the defendant to properly prepare his
responsive pleading.

WHEREFORE, it is respectfully prayed that an order be issued by this Honorable Court requiring the plaintiff to make more definite and certain
his complaint in the particulars above indicated.

City of Manila, March 1, 2018.

ATTY. PETER PARKER


Counsel for Defendant
Unit X, Bldg. Y, Recto, Manila
Appointment No. 123, Until December 31, 2018
IBP No. ___________ 01/01/01, Manila
PTR No. ___________ 01/01/01, Manila
Roll No. ____________ 01/01/01
MCLE No. _____________

NOTICE OF HEARING

THE BRANCH CLERK OF COURT


MeTC - Branch 63
Makati City

ATTY. ABC
Counsel for the Defendant
1234 Zamora Street, Pasay City

Greetings!

Please take notice that the undersigned counsel will submit the foregoing Motion for Execution to the Honorable Court on July 25, 2013 at 8:30
in the morning for its favorable consideration and approval.
XYZ

Copy furnished by registered mail:

ATTY. ABC
Counsel for the Defendant
1234 Zamora Street, Pasay City

EXPLANATION

Due to lack of messengerial services to effect personal service, a copy of the foregoing motion was sent to defendant's counsel through registered
mail.
XYZ

MOTIONS (Judgment on the Pleadings)

i. Caption ( name of court , parties, docket no., for:)

ii. Title
iii. Prefatory statement
iv. Body
1. Material dates
2. Summons
3. Defendant failed to file an answer
4. Provision of Law
v. Relief (specific & general)
vi. Date and Place
a. Name of counsel (for plaintiff)
b. office address, email & contact number

11
c. Roll no., PTR no., IBP no., MCLE Compliance No
vii. Notice of Hearing
viii. Signature of the counsel
ix. Explanation as to service- if by registered mail
x. Signature of the lawyer
xi. Copy furnished
Take note:
No verification- initiatory pleading unlike MR
Republic of the Philippines
National Capital Judicial Region
Metropolitan Trial Court
Manila City
(Real action: where the property is located)
A,
Plaintiff,
vs. Civil Case No.: 12345
B, For: Unlawful Detainer
Defendant

MOTION

Plaintiff by counsel respectfully avers that:

1. Plaintiff on March 15, 2019 filed a complaint for unlawful detainer. It was raffled to this court.

2. Summons was personally served upon the defendant on March 20,2019

3. Defendant failed to file his answer within 10 days from the receipt of the summons on March 30, 2019

4. Under the law,

PRAYER

WHEREFORE, premises considered plaintiff respectfully prays that after due notice and hearing

Judgment be rendered against the defendant to vacate the premises and pay damages And all other reliefs are likewise prayed for

City of Manila, Philippines, April 27, 2019

ATTY. _________________
Counsel for the Plaintiff
(address)
(Email dress)
(Contact number)
Attorney’s Roll No. _______
Date ___________________________
PTR No., ______, Place/ Date of issue
IBP O.R. No. ____________________ Date/ Place issued ________________
MCLE Cert. No. _________________

Notice of Hearing
To whom it may concern, please take note that this motion must be submitted for the consideration of the court on such date
Signature of the Lawyer

Explanation as to Service (if done by registered mail)

The copy of the motion was sent to the defendant by registered mail due to lack of geographical distance/lack of manpower.

Signature of the lawyer

Copy furnished to:


ATTY. ABC
Counsel for the Defendant
1234 Zamora Street, Pasay City

12
MOTION TO DISMISS

1. Caption ( name of court , parties, docket no., for:)


2. Title
3. Prefatory statement
4. Body (grounds must be stated under rule 16 sec 1)
5. Relief (specific and general)
6. Place and date
7. Counsel for P/D
8. Notice of Hearing
9. Copy furnished- name and address of counsel of the other partyp
10. Proof of service
11. Explanation- if by registered mail
Republic of the Philippines
National Capital Judicial Region
Metropolitan Trial Court
Manila City
(Real action: where the property is located)
A,
Plaintiff,
vs. Civil Case No.: 12345
B, For: Sum of Money
Defendant

MOTION TO DISMISS

Plaintiff by counsel respectfully avers that:

1. In the Complaint it was stated that the obligation was due last January, 02, 2019;
2. Nothing was mentioned therein that thereafter he acknowledged in writing said obligation or that the plaintiff made a demand for its payment;
therefore; that obligation has now prescribed
3. This motion is not intended for delay

PRAYER
WHEREFORE, it is prayed that the complaint be dismissed on the ground of prescription of action.
City of Manila, Philippines, April 27, 2019

ATTY. Y
Counsel for Defendant
(address)
(Email dress)
(Contact number)
Attorney’s Roll No. _______
Date ___________________________
PTR No., ______, Place/ Date of issue
IBP O.R. No. ____________________ Date/ Place issued ________________
MCLE Cert. No. _________________

NOTICE OF HEARING

To whom it may concern, please take note that this motion must be submitted for the consideration of the court on such date

COPY FURNISHED

Explanation as to Service (if done by registered mail)

The copy of the motion was sent to the defendant by registered mail due to lack of geographical distance/lack of manpower.

Sgd.
Atty. Y

COMPLAINT IN INTERVENTION

1. Caption
2. Title
3. Prefatory statement
4. Personal circumstances of intervenor
5. Reproduces and makes his own allegations
6. Legal interest in matter of litigation

13
7. Relief (Specific & General)
8. Verification and Certification against forum shopping
9. Jurat

Republic of the Philippines


National Capital Judicial Region
Metropolitan Trial Court
Manila City
A,
Plaintiff,
vs. Civil Case No.: 12345
B, For: Sum of Money
Defendant

COMPLAINT IN INTERVENTION

INTERVENOR in the above-entitled case, thru counsel, and with leave of court previously obtained, respectfully filed this complaint in intervention, and
alleges:

1. That the intervenor is of age, single/married, and a resident of _____;


2. That he reproduces and makes his own allegations contained in paragraphs ___________ and ___________ of the Plaintiff’s complaint.
3. That he (here state the legal interest in the matter in litigation, in opposition to either of the plaintiff or of the defendant or against both, or that
he is entitled to, or will be prejudiced by, the distribution or disposition of property in the court’s custody.)

WHEREFORE, it is respectfully prayed that judgment be entered:

(a) (Here state whether he seeks judgment against the plaintiff, against the defendant, or against both, or against the court or some officer thereof
as regards the distribution or disposition of the property in the court’s custody);
(b) For such other relief consistent with law and equity, and for costs against _______________

Manila City, Philippines, April 27, 2019


Sgd.
VERIFICATION AND NON FORUM SHOPPING
JURAT

MOTION TO INTERVENE

1. Caption
2. Title
3. Prefatory statement ---- prays that he be permitted to intervene
4. Relief (Specific)
5. Date and Place
6. Name of counsel (for intervenor)
a. Name of counsel (for plaintiff)
b. office address, email & contact number
c. Roll no., PTR no., IBP no., MCLE Compliance No.
7. Notice of Hearing
8. Copy furnished

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch_____ Manila City
A,
Plaintiff
vs. Civil Case No. 12345
For: Sum of Money
B,
Defendant.
x--------------------------x

MOTION TO INTERVENE

J. Guillen by the undersigned counsel, respectfully prays that he be permitted to intervene in this case as a party
plaintiff/party defendant on the ground that he has legal interest in the matter under litigation, and that he may be adversely affected
in these proceedings as shown in the attached Complaint-in-Intervention/Answer-in-intervention.
WHEREFORE, it is respectfully prayed that J. Guillen be allowed to intervene as party plaintiff/defendant and the attached
complaint or answer in intervention be admitted and that herein intervenor be allowed to serve a copy of the same to the
plaintiff/defendant.

14
Manila City, Philippines, April 27, 2019

Atty. Z
Counsel for intervenor
(address)
(Email dress)
(Contact number)
Attorney’s Roll No. _______
Date ___________________________
PTR No., ______, Place/ Date of issue
IBP O.R. No. ____________________ Date/ Place issued ________________
MCLE Cert. No. _________________

NOTICE OF HEARING

To whom it may concern, please take note that this motion must be submitted for the consideration of the court on such date

Copy furnished:

Name and address of counsel of the other parties

PROOF OFSERVICE

EXPLANATION (if served by registered mail)

SUBPOENA (Ad testificandum)

1. Caption
2. Title
3. Name of the person for whom the subpoena is issued and his address
4. Body
A. Commanded to appear before the court and to testify
B. Judge who issued and date of issuance
5. Signature of the judge
6. Name of court

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch_____ Manila City
A,
Plaintiff
vs. Civil Case No. 12345
For: Sum of Money
B,
Defendant.
x--------------------------x

SUBPOENA

To: C

1234 G. Tuazon St. Sampaloc, Manila

You are hereby commanded to appear before the Regional Trial Court of Manila on the 2nd of August 2019 at 9 o’clock in the morning to then
and there testify in the action of for the sum of money against A of the above entitled case.

Witness the Honorable K. Mergas, judge of said court, this June 02, 2019

Sgd.
Judge K. Mergas
RTC Manil

MOTION FOR DEMURRER TO EVIDENCE

1. Caption

2. Title

15
3. Prefatory statement

A. Plaintiff has rested its case

B. Insufficiency of evidence

4. Relief

5. Place and date

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch_____ Manila City
A,
Plaintiff
vs. Civil Case No. 12345
For: Sum of Money
B,
Defendant.
x--------------------------x

MOTION FOR DEMURRER TO EVIDENCE

Defendant by counsel and to this honorable court, respectfully alleges:

1. Plaintiff has completeted presenting his evidence

2. Defendant submits that the evidence presented by the plaintiff shows that the facts and applicable law do not support his claim for
relief and fail to prove the allegations of the complaint, as to justify its dismissal, for the following reasons:

(Show and discuss in detail why the evidence submitted does not prove the allegations of the complaint. And also show that the law
does not support the claim.)

WHEREFORE, defendant prays that the complaint be dismissed for lack of merit and for insufficiency of evidence.

Manila City, Philippines, April 27, 2019

MOTION TO DECLARE DEFENDANT IN DEFAULT

Take Note:

-Prohibited Pleadings

-Plaintiff may also be declared in default (permissive counterclaim)

1. Caption

2. Title

3. Prefatory statement

4. Ground for the motion

5. Argument in support of the motion

6. Relief

7. Place and date

8. Name of counsel (for plaintiff)

16
9. Notice of hearing

10. Copy furnished

11. Proof of service

12. Explanation

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch_____ Manila City
A,
Plaintiff
vs. Civil Case No. 12345
For: Sum of Money
B,
Defendant.
x--------------------------x

MOTION TO DECLARE DEFENDANT IN DEFAULT

Plaintiff by counsel, respectfully states that:

1. Plaintiff filed this complaint against defendant on April 27, 2018, summons were serve on defendant on April 30, 2018, as indicated by the
Sheriff’s Turn of even date, a copy of which is attached as “ANNEX A”

2. Defendant’s reglementary period to file an answer ended on May 15, 2018; no motion for extension of such period was filed nor was granted
motu propio by this Honorable Court. Despite the lapse of time, defendant has failed to answer the complaint against her; Plaintiff is entitled to
a declaration in default and the right to present evidence ex parte against the Defendant.

WHEREFORE, Plaintiff respectfuly prays that Defendant be declared in default and that Plaintiff be allowed to present evidence ex parte before the
Clerk of Court acting as Commissioner.

City of Manila, Philippines, May 25, 2018

Atty. X
Counsel for Plaintiff
(address)
(Email dress)
(Contact number)
Attorney’s Roll No. _______
Date ___________________________
PTR No., ______, Place/ Date of issue
IBP O.R. No. ____________________ Date/ Place issued ________________
MCLE Cert. No. _________________

NOTICE OF HEARING

Copy Furnished:

Name and Address of Counsel of the Other Party

PROOF OF SERVICE
EXPLANATION (only if served by registered mail)

MOTION TO LIFT THE ORDER OF DEFAULT

1. Caption

2. Title

3. Prefatory statement

4. Body

17
A. Defendant filed a motion to dismiss

B. Plaintiff did not oppose

C. Defendant was declared in the fault

D. Premature/ without legal basis

5. Relief

6. Date and place

7. Name of counsel (defendant)

8. Notice of hearing

9. Copy Furnished

10. Proof of service

11. Explanation

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch_____ Manila City
A,
Plaintiff
vs. Civil Case No. 12345
For: Sum of Money
B,
Defendant.
x--------------------------x

MOTION TO LIFT THE ORDER OF DEFAULT

Defendant thru his counsel respectfully alleges that:

1. Ten (10) days after the summons of the complaint was received by this defendant, she filed a motion to dismiss;

2. Plaintiff had not filed any opposition to the said motion and no hearing was held on that motion;

3. While the said motion to dismiss was still pending, This Honorable Court declared the defendant in default;

4. Said order declaring defendant in default is premature and without legal basis since there is still pending motion to dismiss.

WHEREFORE, it is respectfuly prayed that the order declaring defendant in default be lifted and that this Honorable Court rule on the aforesaid pending
motion to dismiss.

City of Manila, Philippines, May 25, 2018

Atty. Y
Counsel for Defendant
(address)
(Email dress)
(Contact number)
Attorney’s Roll No. _______
Date ___________________________
PTR No., ______, Place/ Date of issue
IBP O.R. No. ____________________ Date/ Place issued ________________
MCLE Cert. No. _________________

NOTICE OF HEARING

18
Copy Furnished:

Name and Address of Counsel of the Other Party

PROOF OF SERVICE
EXPLANATION (only if served by registered mail)

FORMAL OFFER OF DOCUMENTARY EXHIBITS:

Q: What is the cause of action of Mr. A?


A: Collection of sum of money (personal action) -residence of the plaintiff or any of the plaintiffs or residence of the defendant or any of the defendants
at the option of the Plaintiff.

1. CAPTION
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
QUEZON CITY
BRANCH
2. PARTIES

Mr. A,
Plaintiff
vs. Civil Case No:
Mr. B, For: Collection of Sum of Money
Defendant.

3. TITLE OF THE PLEADING

FORMAL OFFER OF EVIDENCE

4. Plaintiff by counsel, respectfully submits the formal offer of evidence as follows:

Exhibit No. Document Purpose


Exhibit A Loan Agreement dated To prove that Mr. A extended a loan in
the amount of 1.1M.
To prove that the due execution and
authenticity of the loan agreement.
Exhibit B Check no. 2345 & Name of the Bank To show that issued a check in favor of
Mr. B in the amount of 1.1M
Exhibit C Demand later dated To show plaintiff demanded from
defendant to pay the amount of 1.1M
Take note: the formal offer of evidence unlike in Pre-trial brief, in the latter mayroong reservation. In this case WAG MAGLALAGAY NG
RESERVATION. Kasi ang iooffer mo nalang dito ay yung mga ebidensya na ginamit mo in the course of the trial.

5. PRAYER
WHEREFORE, it is respectfully prays that Exhibit A, B and C be admitted by the court. (specifically)
If several documents: Wherefore it is respectfully prays that the documentary exhibits offered by the Plaintiff be admitted.
If 2 PRAYERS:
WHEREFORE, premises considered it is respectfully prays that:
1. To take note the submission of this formal offer
2. That the courts admit all the documentary exhibits offered by Plaintiff.
All equitable reliefs are likewise prayed for.

6. DATE AND THE PLACE, DETAILS OF LAWYER AND OTHER REQUIREMENTS


7. COPY FURNISHED
8. COUNSEL FOR DEFENDANT
9. EXPLANATION AS TO SERVICE (if done thru registered mail)

-NO JURAT, NO ACKNOWLEDGMENT, NO VERIFICATION AND CERTIFICATION AGAINST NON FORUM SHOPPING

Take note: Hierarchy of evidence

TENDER OF EXCLUDED EVIDENCE:


1. CAPTION
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
QUEZON CITY

19
BRANCH
2. PARTIES

Mr. A,
Plaintiff
vs. Civil Case No:
Mr. B, For: Collection of Sum of Money
Defendant.

3. TITLE OF THE PLEADING


TENDER OF EXCLUDED EVIDENCE
*That the excluded evidence must be form part of the record & the purpose of which must be stated.
4. Plaintiff by counsel, respectfully tenders the following exhibits:
EXHIBIT JUSTIFICATION
LOAN AGREEMENT Because the loan agreement will show that Mr. A
extended a loan in the amount of 1.1M to Mr. B

5. PRAYER & GENERAL PRAYER


6. DATE AND THE PLACE, DETAILS OF LAWYER AND OTHER REQUIREMENTS
7. COPY FURNISHED
8. COUNSEL FOR DEFENDANT
9. EXPLANATION AS TO SERVICE (if done thru registered mail)

If MR- it must contain Notice of Hearing.

 PRE-TRIAL BRIEF

Republic of the Philippines


____ Judicial Region
Regional Trial Court
Mindoro, Branch ___

Mr. X,
Plaintiff, Civil Case No. ___
-versus- For: Declaration of Nullity of the DOAS and TCTs
Mr. Y,
Defendant.
x------------------------x

PRE-TRIAL BRIEF

Plaintiff, by counsel, respectfully submits this pre-trial brief and states that:

1. [possibility of amicable settlement] Plaintiff is willing to enter into amicable settlement under such terms amenable to the plaintiff (?).

2. [intention to avail of modes of discovery] The plaintiff is willing to avail of the modes of discovery such as but not limited to deposition.

3. [statement of facts AND claims on the part of your client only]. Plaintiff was outside the country from January 1-30, 2018. Upon his return on February
2, 2018, he was informed that the TCTs 12345 were already cancelled…

4. [issues]

5. [witnesses] plaintiff, representative of the register of deeds; notary public who executed the DOAS; with reserved witness [plus purpose of testimony
of each witness, in table form]

6. [documentary exhibits, table] TCT [12345], TCT [678910], Passport, Ticket, DOAS, Specimen Signature, Reserved Document

7. [applicable laws and jurisprudence]

PRAYER

WHEREFORE, plaintiff prays that the Court takes note of the filing of this pre-trial brief.

Other equitable reliefs are likewise prayed for.

Date; Place

Counsel
Details of the Counsel
Requirements

COPY FURNISHED:

Counsel for the Defendant


Address

20
Copy furnished via personal service
I
[if not personal service, put an explanation]

Signature of the Counsel

[xxx]
[no notice of hearing, no jurat, no acknowledgement, no verification, no cafm]

JUDICIAL AFFIDAVIT RULE

Following the Rules on Evidence, it is the plaintiff first who will present evidence.

Q: The presentation of evidence in chief is known as?


A: Direct examination.

Q: After direct examination, what’s next?


A: Cross-examination; re-direct examination and re-cross examination.

Q: What is the purpose of the promulgation of JUDAF Rule?


A: Speedy disposition of cases by reducing the time needed for completing the testimonies of witnesses in cases under litigation

Q: When to submit your JUDAF?


A: Not later than 5 days before pre-trial or preliminary conference [pre-trial proper but in practice, ask the court]

Q: Modes of service?
A: Personal or registered mail (date of mailing – date of filing); licensed private courier (date of receipt – date of filing)

Q: What will happen to the documentary or object evidence of the parties?


A: It shall be attached to the judicial affidavits.

Q: In what language is judicial affidavit be written?


A: Language known to the witness and, if not in English and Filipino, accompanied by a translation in English or Filipino.

Q: It must contain a sworn attestation of the lawyer attesting to what?


A: That he faithfully recorded or caused to be recorded the questions he asked and the corresponding answers that the witness gave; and neither he nor
any other person then present or assisting him coached the witness regarding the latter’s answers.

Q: Leading questions are not allowed in JUDAF. If there are leading questions, if you are the counsel for the defendant, what would you do?
A: Object after offer. Pagkaupo ng witness, you manifest your objection specically state what number of question and answer. And the court will right
there and then rule whether your objection will be sustained or overruled. Pag di naglagay ng objection pagkaupo ng witness, it is waiver on your part to
object on the leading questions.

Take note, may JURAT ang JUDAF. No verification. Only JURAT.

PROHIBITED PLEADINGS
(a) Motion to dismiss the complaint or to quash the complaint or information except on the ground of lack of jurisdiction
over the subject matter, or failure to comply with the preceding section;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a judgment, or for opening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits or any other paper;
(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court;
(h) Motion to declare the defendant in default;
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third party complaints;
(l) Interventions.

JURAT (ACSV)
Affidavit
Certification
Sworn Statement
Verification

21