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Legal Forms

Forms in Civil Proceedings, Part 2

GROUP 5 Karlo Cleto Gil Fernandez

Captions and Titles

Supreme Court

REPUBLIC OF THE PHILIPPINES SUPREME COURT Manila


JUAN DELA CRUZ Petitioner, -versusPEDRO DELOS SANTOS Respondent. X----------------------X S.C. G.R. No. _____________ (Designation of the pleading)

Captions and Titles

Court of Appeals

REPUBLIC OF THE PHILIPPINES COURT OF APPEALS Manila


JUAN DELA CRUZ Petitioner, -versusPEDRO DELOS SANTOS Respondent. X----------------------X C.A. G.R. No. _____________ (Designation of the pleading)

Captions and Titles

Regional Trial Court REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT ___ Judicial Region Branch ______ (Venue)

JUAN DELA CRUZ Petitioner,


-versusPEDRO DELOS SANTOS Respondent. X----------------------X Civil Case No. _____________ (Designation of the pleading)

Captions and Titles

Special Proceedings

(CAPTION)
In the Matter of ___________ Sp. Proc. No. ______

___________ Pleading)
X-------------------------------X

(Designation of the

Motion for leave to effect service of summons by Publication


When is summons by publication allowable? Rule 14, Sec. 14 When whereabouts of defendant is unknown, or when he is designated as unknown May also be allowed for extraterritorial service of summons

Motion for leave to effect service of summons by Publication


(caption and title) EX-PARTE MOTION FOR LEAVE TO EFFECT SERVICE OF SUMMONS BY PUBLICATION Plaintiff thru counsel, and unto this Honorable Court, respectfully avers: 1. That he is the plaintiff in the above-entitled case; 2. That as per sheriffs Return of Summons dated ___________, the Sheriff caused service of summon upon the defendant at given address at _____________________ but summons was not served as the address was found to be not existing; 3. That a diligent search and inquiry has been made to ascertain defendants present address, but efforts in this regard proved fruitless; 4. That attached hereto and made an integral part of this motion is the affidavit of the plaintiff himself, marked Annex A, setting forth the grounds for the application for leave to serve the said summons by publication WHEREFORE, in view of all the forgoing, it is respectfully prayed that service of summons in the above-entitled case be effected upon the defendant by publication in such places and for such times as the court may order (venue, date, signature)

Motion to Dismiss
Rule 16 Grounds:

Lack of jurisdiction over defendant Lack of subject matter jurisdiction Improper venue Lack of capacity to sue Lis pendens

Motion to Dismiss
(Caption and Title) Motion to Dismiss Defendant thru counsel, respectfully moves this Honorable Court to dismiss the plaintiffs complaint on the following grounds : 1. 2. The claim set forth in the plaintiffs complaint has been released; Said claim or demand is unenforceable under the provisions of the statute of frauds. ARGUMENTS A. THE CLAIM OR DEMAND SET FORTH IN THE PLAINTIFFS COMPLAINT HAS BEEN RELEASED.

(here state the reasons to support the first ground.) B. FRAUDS. THE SAID CLAIM OR DEMAND IS UNENFORCEABLE UNDER THE PROVISIONS OF THE STATUTE OF

(Here state the reasons to support the second ground.) PRAYER WHEREFORE, in view of the foregoing, defendant prays that plaintiffs complaint be dismissed, with costs against the plaintif f. (venue, date, signature)

Motion to Dismiss (cont.)


NOTICE OF HEARING To: Counsel for Plaintiff Address: Greetings! Please take notice that on Friday, _________________________ at _________________p.m., or as soon thereafter as counsel may be heard, the undersigned will ask this Honorable Court to approve the foregoing Motion to Dismiss. (Attorneys signature) EXPLANATION AS TO SERVICE Copy of this Motion to Dismiss was served the counsel for plaintiff thru registered mail. Personal service cannot be effected due to lack of manpower, as well as distance and time constraints. (Attorneys signature) Copy furnished: Counsel for Plaintiff

Motion for Postponement


Rule 15 motions Must be accompanied by affidavits when facts alleged are not of record or of judicial notice

Motion for Postponement


(caption) URGENT MOTION FOR POSTPONEMENT COMES NOW the undersigned counsel for plaintiff and to this Honorable Court respectfully alleges:

1. That the undersigned has today received a copy of the notice of hearing in the above-entitled case, setting said hearing thereof on January 10, 2001 at 8:30 am; 2. That on the same date and hour, the undersigned will attend to the hearing of the case entitled Emilia Garcia vs. Teofisto Garcia annulment case set for January 10, 2001 at 8:30 A.M. before the Regional Trial Court of Malolos, Bulacan, Branch V; 3. That the hearing in the aforecited case was by agreement of the parties and entered into long prior to the receipt of the notice in the above-entitled case; 4. That, in view thereof, the undersigned regrets that he could not appear before this Honorable Court on aforementioned date and hour; 5. That it is believed that the hearing set on said date may be postponed to another date, preferably on the second or third week of February, 2001;

WHEREFORE, it is respectfully prayed that the hearing of the above-entitled case set for January 10, 2001 be postponed to another date, preferably on the second or third week of February 2001.

Makati City, January 10, 2001

Malin Munro Counsel for the Plaintiff

Perpetuation of Testimony and Deposition

Mode of discovery
Deposition pending action Rule 23 Deposition before action or pending appeal Rule 24

May be in the form of a deposition upon oral examination Notice must be given

Motion for Perpetuation of Testimony or Deposition Before Action


(Caption and Title) Motion for Perpetuation of Testimony or Deposition Before Action

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

1.

That the petitioner is of age, single/married, and a resident of _______________.

2. That the petitioner expects to be a party to an action in the court of _____________but due to ____________________ is presently unable to bring it or cause it to be brought; 3. That the subject matter of said expected action is _____________, of which the petitioner has an interest, as follows, to wit: 4. That the proposed testimony herein sought will establish the following facts:

5. That, ____________________, a resident of __________________ is the expected adverse party in the expected action: 6. That the following persons with their respective addresses will be examined, and that the substance of the testimony to be elicited from each, are as follows:

WHEREFORE, in order to prevent a failure of justice, it is respectfully prayed of this Honorable Court to issue and order authorizing the petitioner to take the deposition on oral examination of the above-named witnesses for the purposes of perpetuating their testimony.

(venue, date, signature)

(Notice of Hearing)

Physical Examination of Person


Rule 28 Also a mode of discovery May be used when mental or physical condition of a party is in controversy Examination by physician, who shall then report findings

Motion for Physical Examination of Person


(Caption and title) MOTION Movant thru counsel, and unto this Honorable Court, respectfully avers: 1. That the movant is the defendant in a criminal case for serious physical injuries;

2. That the offended party, presently confined at ______________, alleged to have received physical injuries which would cause said offended party an illness for more than thirty (30) days, according to the medical report of Dr. __________________; 3. That the movant believes that the medical report on the extent and nature of the wounds received by the said offended party was exaggerated, and that the latter is feigning to be seriously ill in the hospital in order to magnify the crime alleged to have been committed by the movant; 4. That the real extend and nature of the offended partys wound is in controversy in this case;

5. That Dr. _____________ is a government physician, competent and impartial, who could make an unbiased physical examination of the person of the offended party for the purpose of determining the true extent and nature of such wounds; 6. That such physical examination could be made during business hours of the day on ______________ at the __________________; 7. WHEREFORE, it is respectfully prayed that in the interest of justice, an order for physical examination of the offended party be issued by this Honorable Court at the time, place and manner above indicated.

(venue, date, signature)

(Notice of Hearing)

Motion to Declare Defendant in Default

May be asked when defendant does not answer complaint within the reglementary period, after which judgment may be rendered by default

Motion to Declare Defendant in Default


(caption) MOTION TO DECLARE DEFENDANTS IN DEFAULT COMES NOW PLAINTIFF, by undersigned counsel and unto this Honorable Court, respectfully alleges:

1. That as attached Sheriffs Return of Manila, defendants Jose Locsin and Josefina Locsin were served with summons and copies of plaintiffs complaint on March 10, 1982; 2. That up to now defendants have not yet served plaintiff their answer and they are in default.

WHEREFORE, it is respectfully prayed that defendants be declared in default for failure to file answer to the complaint within the reglementary period of time and it is further prayed that plaintiff be allowed to present its evidence ex-parte before the Branch Clerk of Court to any other person appointed by this Honorable Court to receive the same.

Malabon City for Manila, May, 10, 1992.

_____________________ Counsel for Plaintiff

NOTICE OF HEARING

Answer
Rule 6, Sec. 4 kinds of pleadings Where the defending party sets forth his defenses

Answer to a Complaint
(Caption and title) Answer

Defendant thru counsel, and in answer to plaintiffs complaint, respectfully avers:


1. That he admits paragraphs __________, _______________, and ____________ of the complaint; 2. That he is without knowledge or information to form a belief as to the truth of the averments made in paragraphs ___________ and ______________ thereof; 3. That he DENIES specifically each and every material allegation made in paragraphs __________, _________, and _________ of the complaint; and alleges that (Here, state the substance of the matters which he will rely upon to support such specific denial. Where the pleader desires to deny only a part or a qualification of an averment, he shall specify so much of it as a true and material and shall deny only the remainder when the defendant is without knowledge or information sufficient to form a belief as to the truth of a material averment made in the complaint, he shall so state) 4. And as AFFIRMATIVE DEFENSES, the defendant alleges: A. That (Here state as many affirmative defenses as defendant may have. All such grounds of defenses as would raise issues of facts not arising upon specific denials must be specifically pleaded, including FRAUD, STATUTE OF LIMITATIONS, RELEASE, PAYMENT, ILLEGALITY, STATUTE OF FRAUDS, ESTOPPEL, FORMER RECOVER, DISCHARGE IN BANKRUPTCY, and all other matters by way of confession and avoidance); B. 5. A. That _____________; As COUNTERCLAIM against the plaintiff, the defendant alleges: That the defendant reproduces paragraphs _________________, __________________, and ___________ of the plaintiffs complaint;

B. That (here state defendants claim for money or other relief which he may have against the plaintiff; such counterclaim need not diminish or defeat the recovery sought by the plaintiff, but may claim relief exceeding in amount or different in kind from that sought by the plaintiff, provided that the court has jurisdiction to entertain the claim);

WHEREFORE, it is respectfully prayed that:


a. b. c. Prayer for judgment in favor of defendant with respect to plaintiffs complaint; Prayer for judgment in favor of defendant with respect to counterclaim; and For such other relief consistent with law and equity, and for costs.

(venue, date, signature) (Verification)

Amended Answer
Rule 10 Adding or striking out of allegations or names of parties, or correcting mistakes, so that actual merits of controversy may be determined May be done once as a matter of rights before responsive pleading is served Made only by leave of court, when no longer a matter of right

Motion for Leave to Amend Answer


(Caption and Title) MOTION FOR LEAVE TO AMEND ANSWER Defendant thru counsel, and unto this Honorable Court, respectfully moves this court for leave to amend his ANSWER already filed, dated ________________, and for this purpose hereby present the attached AMENDED ANSWER, wherein the amendments sought to be incorporated are indicated by being underscored. WHEREFORE, in order that the real matter in dispute and all matters in this action may be completely determined, it is respectfully prayed that the attached AMENDED ANSWER be admitted. (venue, date, signature) (Notice of Hearing)

Motion for Judgment on the Pleadings


Rule 34 When answer fails to tender an issue, or otherwise admits material allegations of the adverse partys pleading, the court may on motion direct judgment on such pleading Proper when no proof is offered of allegations in answer, or when denial is made generally and not specifically

Motion for Judgment on the Pleadings


(Caption and Title) Motion for Judgment on the Pleadings Plaintiff, thru counsel, and unto this Honorable Court, respectfully shows: 1. That the defendant, in his answer, admits the material allegations of the plaintiffs complaint; 2. That said admission which fails to tender an issue, refers to the following matters: 3. That a judgment on the pleadings, in view of the above admission, may be entered at this stage of the proceedings. WHEREFORE, it is respectfully prayed that this Honorable Court direct judgment on the pleadings pursuant to Rule 34 of the Rules of Court.

(Venue, date, signature)


(Notice of Hearing)

Motion for Judgment on Compromise


Judgment may be rendered on the basis of a compromise agreement between the parties to the action(Diamond Builders Conglomeration v. Country Bankers Corp., 540 SCRA 194) Perfected by mere consent Constitutes res judicata May be assailed by motion to set aside the compromise on the grounds of a vice on consent

Motion for Judgment on Compromise


(caption) MOTION FOR JUDGMENT ON COMPROMISE COMES NOW the plaintiff and defendant Verizon Corporation, assisted by their respective counsels, and to the Honorable Court, respectfully submit the following compromise agreement:

1. That the defendant Verizon Corporation shall pay plaintiff in the total sum of PHP 13,000,000.00 and undertakes to do the same within thirty (30) days from date hereof; 2. That plaintiff agrees to the foregoing and hereby waives its claim of interest, costs and attorneys fees.

WHEREFORE, it is respectfully prayed that the foregoing compromise agreement be approved and that judgment be rendered in accordance therewith.

Manila, August 10, 2000.

VERITIBLE INC.
By: Fernando Dizon

VERIZON CORPORATION
By: Antonio Fernando

NOTE: Considering that this is a joint motion, notice and hearing may not be necessary. However, in order to assure immediate action by the court, the parties may include a notice to the Branch Clerk of Court for the setting of the motion.

Motion for New Trial

Rule 37, Sec. 1


Within period of taking appeal Grounds materially affecting substantial rights:
Fraud, accident, mistake or excusable negligence that could not have been guarded against Newly discovered evidence that would have altered result that could not have been produced with reasonable diligence

Must be supported by affidavits proving cause

Motion for New Trial on the Ground of Fraud, Accident, Mistake or Excusable Negligence
(Copy Caption and Title) MOTION FOR NEW TRIAL COMES NOW, the defendant through the undersigned counsel and to this Honorable Court, respectfully alleges: (Allege facts constituting fraud, accident mistake or excusable negligence) Defendant has good and valid defenses to defeat plaintiffs claim, (State valid defenses.) In support of this motion, defendant attaches herewith as part hereof, his affidavit supporting the accident or mistake and his good and valid defenses to defeat plaintiffs claim, as Annex 2 WHEREFORE, defendant prays that the decision be reconsidered, that he be granted a new trial, that the case be set for pre-trial and trial on the merits, and thereafter a new judgment be rendered holding defendant free and harmless from any liability and dismissing the complaint Place and date. Signature of Counsel VERIFICATION NOTICE OF HEARING PROOF OF SERVICE EXPLANATION

Motion for New Trial on the Ground of Newly Discovered Evidence


(Copy Caption and Title) MOTION FOR NEW TRIAL

COMES NOW, the defendant through the undersigned counsel and to this Honorable Court, respectfully alleges:
1. 2.

Judgment against defendant was served on defendant on _______. Since said date or receipt if the judgment and before the period to appeal therefrom has lapsed, defendant discovered and presented during trial. The newly discovered evidence consist of the following:

3.

(List and describe the newly discovered evidence.)


4.

The affidavit of ___(name of witness)__, by whom such newly discovered evidence is expected to be given, is attached hereto as Annex 1. Duly authenticated documents, which are proposed to be introduced in evidence, are attached hereto as Annexes 2 and 3. The above newly discovered evidence would probably alter the results of the case.

5.

WHEREFORE, defendant prays that the decision be reconsidered, the case re-opened for trial, defendant be allowed to present his newly discovered evidence thereat, and thereafter judgment be rendered in favor of defendant. Place and date. Signature of Counsel

Motion for Leave to File Third Party Claim


Rule 6, sec. 11 third-party claims A claim that the defendant may have against a person not party to the action with respect to the complaint, by the plaintiff w/r/t the counterclaim, and by co-party w/r/t cross-claim arises out of same transaction Leave of court is necessary, which may be obtained by motion

Motion for Leave to File Third Party Claim


(Caption and Title) MOTION FOR LEAVE TO FILE THIRD PARTY COMPLAINT Defendant by the undersigned attorney respectfully moves this Honorable Court to admit the filing of the attached third party complaint, against _________________, for the reasons therein stated, and that the same be served upon the third part defendant __________________, in accordance with law. WHEREFORE, it is respectfully prayed that the attached third party complaint be admitted and proper summons be served in accordance with the Rules of Court. (Venue, date, signature) NOTICE OF HEARING: To: Counsel for plaintiff Greetings! Please take notice that on Friday, ________________ at ______________ p.m., or as soon thereafter as the counsel may be heard, the undersigned will ask this Honorable Court to approve the foregoing motion for leave to file the attached third party complaint.

(Attorneys Signature) Copy furnished: Counsel for Plaintiff

Motion for Consolidation


Rule 3, Sec. 6 permissive joinder vs. Rule 31, consolidation by order of court Rule 3 - Actions involving common questions of law or fact, same transaction or set of transactions Rule 31 not same transaction Rule 3 by leave of court Consolidation may be requested

Motion for Consolidation


(caption) MOTION FOR CONSOLIDATION

COMES NOW the prosecution, by undersigned Asst. City Prosecutor and to this Honorable Court respectfully alleges:

1.

That the above-entitled cases are closely related to and inextricably interwoven with one another;

2. That these cases are founded on the same facts and/or forming part of a series of similar character which may be tried jointly by one branch of this Honorable Court pursuant to Section 22, Rule 119 of the Rules of Court on Criminal Procedure; and 3. That the prosecution will be presenting common evidence in these cases.

WHEREFORE, it is respectfully prayed that these cases be consolidated, raffled, and assigned to only one branch of this Court.

Marikina, July 17, 2005.

JOSEFINA MENDOZA Asst. City Prosecutor

Motion for Intervention


Rule 19 may be filed any time before rendition of judgment by trial court Filed by person with legal interest in the matter under litigation, or in success/failure of parties, or have interest against both, or be situated as to be adversely affected by disposition; must not unduly delay or prejudice the case; rights may not be fully protected in separate hearing Leave of court required

Motion for Intervention


(Caption and Title) MOTION FOR INTERVENTION INTERVENOR, through counsel, respectfully asks leave to file a complaint in intervention in the above-entitled case, for the following reasons: 1. (Here state that intervenor has a legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both, or that he is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof); 2. That this intervention will not in the least unduly delay or prejudice the rights of the original parties in the case; 3. That the intervenors rights can be fully protected in these proceedings rather than by filing a separate proceeding. WHEREFORE, it is respectfully prayed that the said _________________ be permitted to intervene in this action by filing a complaint (or answer) in intervention. (Venue, date, signature) (NOTICE OF HEARING)

Motion for Intervention


(Copy Caption and Title) MOTION FOR INTERVENTION COMES NOW, ___(Name of Intervenor)___, by undersigned counsel and to this Honorable Court respectfully alleges: 1. (allege facts showing intervenors legal interest in the matter under litigation, and that he may be adversely affected by the result of the proceedings) ... 2. Allowing movant to intervene will not unduly delay the adjudication of the case and will prevent multiplicity of suits 3. Copy of the complaint-in-intervention is attached hereto and is served on the original parties, as shown by the service of motion along with its enclosed complaint-in-intervention. WHEREFORE, __(Name of Intervenor)__ respectfully prays that he be allowed to intervene in the case as party plaintiff; that the attached complaint-in-intervention be admitted; and that defendants be ordered to file their answer to the complaint-inintervention. Place and date. Signature of Counsel

Writ of Possession

A writ of execution employed to enforce a judgment to recover the possession of land. It commands the sheriff to enter the land and give possession of it to the person entitled under the judgment." [Blacks Law Dictionary, 5th ed., p. 1444.]

Writ of Possession
A writ of possession may be issued under the following instances: 1. Land registration proceedings under Sec. 17 of Act 496 [Estipona v. Navarro, 69 SCRA 285, 291 (1976)] 2. Judicial foreclosure, provided the debtor is in possession of the mortgaged realty and no third person, not a party to the foreclosure suit, had intervened; [Ramos v. Manalac, 89 Phil. 270, 275 (1951); Rivera v. Court of First Instance, 61 Phil. 201 (1935)] 3. Extrajudicial foreclosure of a real estate mortgage under Sec. 7 of Act 3135 as amended by Act 4118.

Writ of Possession

May be issued either:


Within the one year redemption period, upon the filing of a bond, or After the lapse of the redemption period, without need of a bond.

Issuance is ministerial in character, as is its implementation As a rule, any question regarding the validity of the mortgage or its foreclosure cannot be a legal ground for refusing the issuance of a writ of possession

Writ of Possession

Sec. 7 of Act 3135, as amended by Act 4118, provides -

"Sec. 7. In any sale made under the provisions of this Act, the purchaser may petition the Court of First Instance of the province or place where the property or any part thereof is situated, to give him possession thereof during the redemption period, furnishing bond in an amount equivalent to the use of the property for a period of twelve months, to indemnify the debtor in case it be shown that the sale was made without violating the mortgage or without complying with the requirements of this Act. Such petition shall be made under oath and filed in form of an ex parte motion in the registration or cadastral proceedings if the property is registered, or in special proceedings in the case of property registered under the Mortgage Law or under sec. 194 of the Administrative Code, or of any other real property encumbered with a mortgage duly registered in the office of any register of deeds in accordance with any existing law, and in each case the clerk of court shall, upon the filing of such petition, collect the fees specified in par. 11 of sec 114 of Act No. 496, and the court shall, upon approval of the bond, order that a writ of possession issue, addressed to the sheriff of the province in which the property is situated, who shall execute said order immediately."

Writ of Possession
Petition for Issuance of Writ of Possession (caption)

IN RE: PETITION FOR ISSUANCE OF


WRIT OF POSSESSION OVER THOSE PROPERTIES COVERED BY TCT NO, T-2222 ISSUED BY THE REGISTRY OF MAKATI IN THE NAME OF ANGEL LOCSIN

LRA CASE NO. __________


(LRA CAD. REC. NO. ___) BANCO DE DIAMANTE, Petitioner. x--------------------------------x

PETITION PETITIONER, by undersigned counsel, to this Honorable Court respectfully states: 1. Petitioner is a domestic banking institution organized and existing under Philippine laws with principal office at _____________ and with legal capacity to sue and be sued; 2. That on June 12, 2004, Angel Locsin obtained a P2.5 million loan form petitioner and simultaneously executed a promissory note undertaking to repay the loan pursuant to the terms and conditions stipulated in the said promissory note, a copy of which is hereto attached as Annex A and made an integral part hereof; 3. That said Angel Locsin offered as collateral for her loan, by way of real estate mortgage, a parcel of land and the improvements thereon, situated in Makati City covered by TCT No. 2222 and more specifically described as follows:

Writ of Possession
TRANSFER CERTIFICATE OF TITLE NO. 2222 (description)

4. That said Angel Locsin defaulted in the settlement of her loan. As of October 12, 2005, her obligation to petitioner totaled P18,000,000 inclusive of accrued interests and other charges computed in the pertinent Settlement of Account, copy of which is hereto attached and marked as Annex D and made an integral part of this petition;
5. Demand for payment was made upon the above-named borrower by the same was ignored and disregarded. Copy of said demand letter is hereto attached as Annex E. 6. For her failure and disregard of the demand to pay, petitioner through counsel, addressed a letter petition to the Honorable Executive Judge of this Court, thorugh the Clerk of Court and Makati Notary Public Jericho Ocampo, to extrajudicially foreclose the mortgage of Angel Locsin pursuant to the terms of her REM and the provisions of Act No. 3135 as ameded. Copy of the letter petition for foreclosure is hereto attached as Annex F; 7. Notary Publuc Ocampo accordingly issued a Notice of Auction Sale by Notary Publuc over that property in Makati covered by TCT No. 2222 and complied with the posting and publication requirements of Act No. 3135 as ameded. Copies of the Notice, Certificate of Posting, Affidavit of Publication and pertinent issues and pages of the newspaper Abante wherein the Notice was actually printed are hereto attached and made integral parts hereof as Annexes __________; 8. That the auction sale was conducted by Notary Public Ocampo on February 12, 2006 as scheduled. Petitioner participated thereat by submitting the highest and winning bid. Thereafter, the Notary awarded the property to petitioner and executed in the latter s favor a Certificate of Sale noted by the Clerk of Court and approved by the Honorable Executive Judge. Copy of the Crtificate of Sale is hereto attached and made an integral part hereof as Annex K; 9. The Certificate of Sale was registered in the Registry of Deeds of Makati City on April 20, 2006. 10. Demand was made upon Angel Locsin to vacate subject premises and surrended to petitioner possession thereof but she failed and refused to comply, hence this Petition. 11. Pursuant to Section 7 of Act No. 3135 as amended which provides: -----------------------12. The property purchased by petitioner at public auction will fetch a rental of about P800,000 a year, if leased. Petitioner is willing and ready to post a bond equivalent to said amount. WHEREFORE, it is respectfully prayed that judgment be rendered directing the issuance of a writ of possession over the said property covered by TCT No. 2222 of the Registry of Deeds of Makati City placing petitioner in possession of the property that it covered, ordering Angel Locsin as well as all persons claiming rights under her, to vacate the same or be ejected therefrom, and granting such other reliefs and remedies just and equitable in the premises. Makati City, June 12, 2006.

(Signature of counsel)

Project of Partition
Sec. 1, Rule 90 Project of partition of net estate among heirs Filed by administrator

Project of Partition
(Caption and Title) PROJECT OF PARTITION

Administrator in the above-entitled case, through counsel, and unto this Honorable Court, respectfully submits for approval the following project of partition:
NET ESTATE OF DECEASED The net estate of the deceased, ______________, after the payment of all debts, funeral charges, and expenses of administration is as follows: (Here state the real and personal property subject to adjudication) Adjudication To: ________________, the following: To: ________________, the following: WHEREFORE, after due notice and hearing in accordance with law, it is respectfully prayed that the foregoing project of partition be approved.

(Venue, date, signature)


With the concurrence and conformity of: (Name and signature of heirs) Notice of Hearing

Petition for Involuntary Insolvency


Sec. 20, Act No. 1956 Three or more creditors whose total credits exceed Ph P1,000 (approx. US $25) may seek a declaration of insolvency against a debtor. The creditors must be Philippine residents whose credits accrued in the Philippines, and did not become creditors by assignment within 30 days prior to the filing of the petition. The petition for involuntary insolvency must be filed in the Court of the place where the debtor resides or has his/its principal place of business, and must be verified by at least three of the petitioners. The petition must also allege one or more acts of insolvency.

Petition for Involuntary Insolvency


The petition must be accompanied by a bond, in such sum as the Court will direct, conditioned upon the payment to the debtor of all costs and damages occasioned by the proceedings in insolvency if the petition is dismissed by the Court, or withdrawn by the petitioners, or if the debtor is not declared insolvent. The Court may, upon motion, direct the filing of an additional bond when deemed necessary. The Court will require the debtor to show cause why he/it should not be declared insolvent. If the Court finds the petition meritorious, the Court will issue an order declaring the debtor insolvent.

Petition for Involuntary Insolvency

Effect: an Order of Insolvency generally suspends all civil proceedings pending against the debtor.
All property of the insolvent not exempt by law from execution will be conveyed to an assignee-in-insolvency elected by the creditors. Property that is subject of a pledge or mortgage is not included in the debtors assets that are assigned to the assignee-ininsolvency for the satisfaction of the debtors general creditors. No discharge is granted to a corporation that is declared insolvent.

Petition for Involuntary Insolvency

Rights of secured creditors: A creditor whose credit is secured by a mortgage or pledge is allowed, at its option, either (i) to foreclose the property subject of such security arrangement (notwithstanding the stay effected by the Order of Insolvency), or (ii) to pursue his/its claim in the insolvency proceeding together with other creditors, by releasing or surrendering to the assignee-in-insolvency the properties subject of the pledge or mortgage. If the secured creditor opts for foreclosure, such creditor cannot participate in the election of the assignee-in-insolvency. But the creditor may be admitted in the insolvency proceeding to recover the balance of the debt, after deducting the value of the property foreclosed. The creditor recovers the balance by participating in the pro-rata distribution of the debtors estate. If the creditor pursues his claim in the insolvency proceeding, he may recover his credit by participating in the pro-rata distribution of the debtors estate, but will have to relinquish his security and surrender the properties subject of the security to the assignee-in-

Petition for Involuntary Insolvency

Preference of Credits
In an insolvency proceeding, certain types of credits enjoy preference with respect to specific movable or immovable properties (Special Preferred Credits). Among the Special Preferred Credits, taxes and assessments due upon the property to which the claims relate enjoy absolute preference. All the remaining classes of Special Preferred Credits with respect to specific movable or immovable property (e.g., credits secured by a pledge or mortgage) do not enjoy priority among themselves, but must be paid concurrently and pro rata, i.e., in proportion to the amount of the respective credits. Credits that do not enjoy any preference with respect to specific property are satisfied in the order established in Article 2244 of the Civil Code. Article 2244 provides for the preference of certain claims and credits which, without special privilege, appear in (i) a public instrument (i.e., the instrument is notarized) or (ii) a final judgment. These credits have preference among themselves in the order of priority of the dates of the instruments and of the judgments, respectively.

Petition for Involuntary Insolvency

Clawback provisions
The assignee-in-insolvency may recover property given as security, or the value thereof, if the debtor, being insolvent, or in contemplation of insolvency, within 30 days before the filing of a petition to be declared insolvent by or against him, procures any of his property to be attached, sequestered, or seized on execution, or makes any pledge, mortgage, assignment, transfer, sale, or conveyance thereof to anyone with a view to: (i) giving a preference to any creditor or person having a claim against him; or (ii) preventing the property from being distributed ratably among his creditors; or (iii) defeating the object of, or in any way hindering, impeding, or delaying the operation of the provisions of the Insolvency Law. In such a case, the attachment, sequestration, seizure, pledge, mortgage, transfer, sale, assignment, or conveyance is considered void. Under the Insolvency Law, if the pledge, mortgage, conveyance, sale, assignment, or transfer of the property is not made in the usual and ordinary course of business of the debtor, or if such seizure is made under a judgment which the debtor has confessed or offered to allow, that fact is deemed as prima facie evidence of fraud.

Furthermore, any pledge, mortgage, conveyance, sale, assignment, or transfer of property made by the insolvent within one month before the filing of a petition in insolvency by or against him, except for a valuable pecuniary consideration made in good faith, is considered void.

Petition for Involuntary Insolvency


(Caption and Title) PETITION Petitioners through counsel, and unto this Honorable Court, respectfully alleges: 1. That they are merchants engaged in business in _______________, Philippines;

2. That the debtor, _________________, is a resident of ___________________, province of ______________, within the jurisdiction of this court; 3. That none of the petitioning creditors of the said debtor in the aggregate sum of (not less than one thousand pesos), all of which accrued in the Philippines; 4. 5. That none of the petitioning creditors is a creditor by assignment within thirty days prior to the filing of this petition; That the debtor has committed the following acts of insolvency:

(Here state any of the acts of insolvency mentioned in Sec. 20, Act No. 1956)

6. That the petitioners are willing to put up a bond with sufficient sureties in such sum as this Honorable Court may fix, to answer for all costs, expenses, and damages occasioned by these proceedings, should this petition be found to be without merit.

WHEREFORE, petitioners pray that, upon the filing of a bond in such sum as this Honorable Court may fix, conditioned as required by the Insolvency Law, an order be issued: a. Requiring the above-named debtor to show cause at a time and place to be designated by this Honorable Court why he should not be adjudged an insolvent debtor; b. Forbidding the payment of any debts, and the delivery of any property belonging to such debtor to him or to any other person for his use or the transfer of any property by him; and
c.

That after notice and hearing, he be adjudged insolvent, and his property be administered for the benefit of his creditors, in accordance with the provisions of the Insolvency Law.

Petition for Review


Rule 41, Sec. 2 (b), Rule 42 Mode of appeal to the CA of cases decided by RTCs in exercise of their appellate jurisdiction Rule 42, how filed:
Verified petition for review 15 days from notice of decision 7 legible copies, copies of appealed judgments or orders and pleadings Certification under oath against forum shopping

Jurisdiction vests in CA, but RTC may order preservation of rights

Petition for Review


(Caption and Title) PETITION FOR REVIEW

Petitioner, through counsel, and unto this Honorable Court of Appeals, respectfully asks for the review of the decision of the Secretary of Transportation and Communication rendered in the above-entitled case dated _________________ (and here state the nature of said decision).
Summary Statement of Issues A summary statement of the facts of this case and the issues involved are as follows: (Here, state briefly in chronological order the facts of the case, the legal questions involved and the decision rendered. No question may be raised which has not been raised before the Commission. Only questions of law, which must be distinctly set forth, may be raised in a petition for review of an order or decision rendered by the concerned agency.) Reasons relied upon for allowance of a review (Here, state the reasons or arguments on each of the issues or questions involved, briefly and clearly.) Prayer WHEREFORE, in view of all the foregoing, petitioner prays that this Honorable Court of Appeals grant this petition for review, and to order the Secretary of Transportation and Communication to elevate to this Court the transcript of records of this case, and all the evidence introduced thereat, documentary as well as testimonial, in order that the same may be reviewed in accordance with law; and that pending this review, the decision of the Commission sought herein to be reviewed be stayed. (Venue, date signature) (Verification and Certification)

Notice of Appeal
Sec. 2(a) and 5, Rule 41 Ordinary appeals of cases decided by RTC in exercise of original jurisdiction Record on appeal not required, except in special proceedings and cases of multiple or separate appeals, or when case not completely disposed of Filed with RTC that rendered decision 15 days from notice of judgment

Notice of Appeal
(Caption and Title)

NOTICE OF APPEAL

DEFENDANT (or plaintiff as the case may be) by the undersigned counsel hereby files a notice of appeal from the judgment of this Honorable Court in the aboveentitled case, dated ________________, a copy of which was received by counsel on _____________________, and appeals the same to the Court of Appeals.

(Venue, date, signature)