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sample pleading

sample pleading

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Published by anjo_david

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Published by: anjo_david on Feb 10, 2011
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12/05/2014

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Republic of the Philippines
SUPREME COURT
Manila ______________________ ,
 Plaintiff-Appellant 
,G.R. No. _____________ - versus -(Designation of the Pleading) ______________________ ,
 Defendant-Appellee
,x - - - - - - - - - - - - - - - - - x
PETITIONCOMES NOW
the Petitioner, by the undersigned attorney, and unto thisHonorable Court, respectfully avers:1.That petitione
 _____________ 
is of legal age, married and a resident of 
 _____________ 
, Philippines, while respondent is also of legal age and may beserved with summons, writs and all orders of the Honorable Court at his officeaddress at
 _____________ 
, Philippines;2.That the petitioner,
 _____________ 
, in whose behalf this application is beingmade, is actually restrained of his liberty by the respondent
 _____________ 
whois the Chief of Police of 
 _____________ 
at the
 _____________ 
Police Station;3.That sometime in the morning of 
 _____________ 
, petitioner was taken intocustody by the said respondent without a warrant of arrest and detained at the
 _____________ 
Police Station without any criminal charges being filed againsthim before the proper judicial authorities despite the lapse of 
 ________ 
(
 ______ 
).Moreover, petitioner was taken by the respondent not under any of thecircumstances where a warrantless arrest is allowed by the law or the Rules of Court;
 
4.That such restraint of liberty of the petitioner by the respondent is thereforewithout any legal authority;5.That the petitioner through counsel has exhausted all efforts available at law butto no avail, and that he has no other plain, speedy, and adequate remedy to protect his personal rights and secure his personal liberty except by hisapplication for a Writ of Habeas Corpus.
PRAYER WHEREFORE
, petitioner most respectfully prays that a Writ of Habeas Corpus be issued by this Honorable Court, directed to the respondent
 _____________ 
commanding the latter to produce the body of 
 _____________ 
before this Court at thetime and place therein specified, and to summon the respondent
 _____________ 
then andthere to appear and to show cause of the detention of said
 _____________ 
; and that after due proceedings, the said
 _____________ 
be restored of his liberty and forthwithdischarged from confinement . _____________ , Philippines, __Date__ .
(COUNSEL)VERIFICATION AND CERTIFICATION
REPUBLIC OF THE PHILIPPINES)Province of  ____________________ ) S.S.City/Municipalityof  _____________ ) x - - - - - - - - - - - - - - - - - - - - - - - xI,
 _____________ 
, of legal age, Filipino,(single / married / widow),and aresident of  _____________ , Philippines, after being sworn in accordance with law,hereby depose and say:

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