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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
Copyright:Attribution Non-commercial


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Republic of the Philippines
Manila ______________________ ,
,G.R. No. _____________ - versus -(Designation of the Pleading) ______________________ ,
,x - - - - - - - - - - - - - - - - - x
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.
, 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__ .
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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