Professional Documents
Culture Documents
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A Project Submitted To Judge Primitovo S. Abarquez, Jr. (Ret.) In Andres Bonifacio College Of the School Of Law
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In Partial Fulfillment Of the Requirements for the Subject LEGAL FORMS AND CONVEYANCING
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By Jean Javier Caete Pango Third Year Law Student October 22, 2010
TABLES OF CONTENTS
TITLE
FORM NO. 1 Simple Acknowledgment 1 -
PAGE NO.
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FORM NO. 2 Acknowledgment of a Document Consisting of Two or More Pages 2 FORM NO. 3 Acknowledgment of a Document Consisting of Two or More Pages and Pertaining to Two or More Parcels of Land 3 FORM NO. 4 Acknowledgment of an Instrument Executed by a Corporation 4 FORM NO. 5 Oath or Jurat 5 FORM NO. 6 Verification 6
FORM NO. 8 Deed of Conditional Sale of Personal Property or Sale of Personal Property under Installment 9 FORM NO. 9 Deed of Absolute Sale of Real Property 11
FORM NO. 10 Pacto de Retro Sale or Sale with Right to Repurchase 13 FORM NO. 11 Deed of Real Estate Mortgage 15 FORM NO. 12 Deed of Chattel Mortgage 17
FORM NO. 16 Deed of Exchange of Real Property 25 FORM NO. 17 Deed Of Assignment 27 FORM NO. 18 Affidavit Of Loss 29
FORM NO. 19 Special Power Of Attorney 30 FORM NO. 20 General Power Of Attorney 32
FORM NO. 21 Revocation Of Special Power Of Attorney 34 FORM NO. 22 Deed Of Voluntary Partition 35
FORM NO. 23 Extra-judicial Settlement Of The Estate Of a Deceased Person 37 FORM NO. 24 Affidavit Of Self adjudication 40 FORM NO. 25 Deed of Donation Intervivos 42
FORM NO. 26 Deed Of Donation Mortis Causa Of A Parcel Of Land 44 FORM NO. 27 Last Will and Testament Of Juan Dela Cruz 46 FORM NO. 28 Holographic will English 49
FORM NO. 29 Caption MTC (criminal case) 50 FORM NO. 30 Caption MTC (Civil Case) 51 FORM NO. 31 Caption RTC (criminal case) 52 FORM NO. 32 Caption RTC (civil case) 53
FORM NO. 33 Caption RTC (Miscellaneous Special Proceedings) 54 FORM NO. 34 Caption RTC (Special Proceedings) 55
FORM NO. 35 Caption Court of Appeals (Criminal Case) 56 FORM NO. 36 Caption Court of Appeals (Civil Case) 57 FORM NO. 37 Caption Supreme Court (Civil Case) 58
FORM NO. 38 Caption Supreme Court (Criminal Case) 59 FORM NO. 39 Notice of Appeal 60
FORM NO. 40 Complaint for Collection of Sum of Money 61 FORM NO. 41 Answer 64 FORM NO. 42 Reply 66 FORM No. 43 Motion to Reset Trial 68
FORM NO. 44 Motion to File Demurrer to Evidence 70 FORM NO. 45 Petition for Notarial Commssion 72
FORM NO. 46 Criminal Complaint Filed by Offended Party 75 FORM NO. 47 Information for Rape 77
FORM NO. 48 Criminal Information for Murder 79 FORM NO. 49 Information for Homicide 81
Form No. 1
Simple Acknowledgment
ACKNOWLEDGMENT
} } s.s
BEFORE ME this 26th day of June, 2010 in the City of Dipolog, personally appeared JUAN DE LA CRUZ, exhibiting his Community Tax Certificate Number 12895671 issued in Estaka, Dipolog City on January 5, 2007, known to me to be the same person who executed the foregoing Deed of Sale and he acknowledged that the same is his free and voluntary act and deed. WITNESS MY HAND AND NOTARIAL SEAL.
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Form No. 2
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES CITY OF DIPOLOG } } s.s
BEFORE ME this 26th day of June, 2007 in the City of Dipolog, personally appeared JUAN DE LA CRUZ, exhibiting his Community Tax Certificate Number 12895671 issued in Estaka, Dipolog City on January 5, 2007, known to me to be the same person who executed the foregoing Deed of Sale and he acknowledged that the same is his free and voluntary act and deed. This document consists of two (2) pages including the page on which this acknowledgment is written, all signed by the parties and the instrumental witnesses on every page thereof. WITNESS MY HAND AND NOTARIAL SEAL.
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Form No. 3
Acknowledgment of a Document Consisting of Two or More Pages and Pertaining to Two or More Parcels of Land
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES CITY OF DIPOLOG } } s.s
BEFORE ME this 26th day of June, 2010 in the City of Dipolog, personally appeared JUAN DE LA CRUZ, exhibiting his Community Tax Certificate Number 12895671 issued in Estaka, Dipolog City on January 5, 2010, known to me to be the same person who executed the foregoing Deed of Sale and he acknowledged that the same is his free and voluntary act and deed. This acknowledgment relates to a document consisting of two (2) pages including the page on which this acknowledgment is written, all signed by the parties and instrumental witnesses and it pertains to the sale of two parcels of land. WITNESS MY HAND AND MY NOTARIAL SEAL.
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Form No. 4
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES CITY OF DIPOLOG } } s.s
BEFORE ME this 26th day of June 2010 in the City of Dipolog, Philippines, personally appeared JUAN DE A CRUZ, President of Corporation X, exhibiting his Community Tax Certificate No. 0123456 issued in Central Barangay, Dipolog City, on January 8, 2010, known to me to be the same person who executed the foregoing Contract of Sale for and in behalf of Corporation X; exhibiting also Community Tax Certificate of the Corporation No. 000078910 issued in Manila on February 6, 2010, and he acknowledged that he is duly authorized by Corporation X, through its Board of Directors, to execute the foregoing document of sale for and in behalf of the said corporation. WITNESS MY HAND AND NOTARIAL SEAL.
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Form No. 5
Oath or Jurat
AFFIDAVIT
OATH
SUBSCRIBED AND SWORN TO BEFORE ME this 26th day of June 2010 in the City of Dipolog, affiant exhibiting his Community Tax Certificate No. 0123456 issued on January 3, 2010 at Estaka, Dipolog City.
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Form No. 6
VERIFICATION
REPUBLIC OF THE PHILIPPINES } CITY OF DIPOLOG } s.s
I, JUAN DE LA CRUZ, Filipino, of legal age, single and a resident of Estaka, Dipolog City, under oath depose and say: That I am the Plaintiff in the above-entitled case; That I have caused the complaint to be prepared, supplying all the material facts therein alleged; That I have read the same and found all the allegations therein stated to be true and correct of my own personal knowledge; That I have not commenced any action or proceeding involving the same issues in any court or tribunal; that to the best of my personal knowledge no such action or proceeding is pending in any court or tribunal; that if there is any action or proceeding instituted or may have been terminated that would come to my knowledge I would inform the court of the status thereof; that if later, I will learn that similar action or proceeding is filed or pending in any court or tribunal I will report the same to the court within five (5) days from notice thereof. IN WITNESS WHEREOF, I hereunto affix my signature this 26th day of June 2010 in the City of Dipolog, Philippines.
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Form No. 7
That for and in consideration of the sum of Fifty Thousand Pesos (Php 50,000.00), Philippine Currency, to me paid by Pedro San Jose, Filipino, of legal age, single and a resident of Miputak, Dipolog City, I, the said Juan de la Cruz, do hereby SELL, TRANSFER, and CONVEY, by way of absolute sale the above-described motorcycle together with all its accessories unto the said Pedro San Jose. IN WITNESS WHEREOF, I have hereunto affixed my signature this 23rd day of June 2010 in the City of Dipolog, Philippines.
______________________
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ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES CITY OF DIPOLOG } } s.s
BEFORE ME this 23rd day of June, 2010 in the City of Dipolog, personally appeared JUAN DE LA CRUZ, exhibiting his Community Tax Certificate Number 12895671 issued in Estaka, Dipolog City on January 5, 2010, known to me to be the same person who executed the foregoing Deed of Sale of a Motor Vehicle and he acknowledged that the same is his free and voluntary act and deed. This document consists of two (2) pages including the page on which this acknowledgment is written, all signed by the parties and the instrumental witnesses on every page thereof. WITNESS MY HAND AND NOTARIAL SEAL.
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Form No. 8
Deed of Conditional Sale of Personal Property or Sale of Personal Property under Installment
----------------- Honda Motorcycle ----------------- Ix250de-000491 ----------------- Ix250de-000129 ----------------- MD-6636 ----------------- Red ----------------- CR No. 23647890 ----------------- LTO, Dipolog City ----------------- 37833546
That for and in consideration of the sum of Fifty Thousand Pesos (Php 50,000.00), Philippine Currency, to me paid by Pedro San Jose, Filipino, of legal age, single, and a resident of Miputak, Dipolog City, in the manner herein stated, I, the said Juan de la Cruz, do hereby SELL, TRANSFER, and CONVEY the above-described motor vehicle unto Pedro San Jose under the following terms and conditions:
1. That the sum of Twenty Five Thousand Pesos (Php25,000.000), Philippine currency, is hereby paid upon the signing of this document, receipt of which is hereby acknowledged by the vendor; 2. That the sum of Twenty Five Thousand Pesos (Php25,000.00) Philippine currency, shall be paid within the period of one (1) year from the date of this contract; 3. That upon the full payment of the balance of Twenty Five Thousand Pesos (Php25,000.00) Philippine Currency, the sale shall become absolute without the need of further execution of any other document, the receipt of such payment shall form part of this contract.
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-2IN WITNESS WHEREOF, we have hereunto affixed our signatures this 23rd day of June 2007 at Dipolog City, Philippines. JUAN DE LA CRUZ PEDRO SAN JOSE
Vendor
SIGNED IN THE PRESENCE OF: _______________________
Vendee
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ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES CITY OF DIPOLOG } } s.s
BEFORE ME this 23rd day of June, 2010 in the City of Dipolog, personally appeared JUAN DE LA CRUZ, exhibiting his Community Tax Certificate Number 12895671 issued in Estaka, Dipolog City on January 5, 2010, known to me to be the same person who executed the foregoing Conditional Deed of Sale of a Motor Vehicle and he acknowledged that the same is his free and voluntary act and deed. This document consists of two (2) pages including the page on which this acknowledgment is written, all signed by the parties and the instrumental witnesses on every page thereof. WITNESS MY HAND AND NOTARIAL SEAL. JEAN J. CAETE- PANGO Notary Public
My commission expires on December 31, 2011 PTR No. 906760 issued Jan. 3, 2007 IBP No. 918300 Roll No. 13466
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Form No. 9
That for and in consideration of the sum of Three Hundred Thousand Pesos (Php300,000.00), Philippine Currency, to me paid by Pedro San Jose, Filipino, of legal age, single, and a resident of Biasong, Dipolog City, I, the said Juan de la Cruz, do hereby SELL, TRANSFER, and CONVEY, by way of absolute sale the abovedescribed parcel of land, together with all the existing improvements therein found, unto said Pedro San Jose, his heirs, successors and assigns, free from all liens and encumbrances. IN WITNESS WHEREOF, I have hereunto affixed my signature this 23rd day of June 2010 at Dipolog City, Philippines.
JUAN DE LA CRUZ
Vendor
______________________
______________________
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ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES CITY OF DIPOLOG } } s.s
BEFORE ME this 23rd day of June, 2010 in the City of Dipolog, personally appeared JUAN DE LA CRUZ, exhibiting his Community Tax Certificate Number 12895671 issued in Estaka, Dipolog City on January 5, 2010, known to me to be the same person who executed the foregoing Deed of Absolute Sale of a Motor Vehicle and he acknowledged that the same is his free and voluntary act and deed. This document consists of two (2) pages including the page on which this acknowledgment is written, all signed by the parties and the instrumental witnesses on every page thereof. WITNESS MY HAND AND NOTARIAL SEAL.
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Form No. 10
(Php400,000.00), Philippine Currency, to me paid by Pedro San Jose, Filipino, of legal age, single, and a resident of Biasong, Dipolog City, I, the said Juan de la Cruz, do hereby SELL, TRANSFER, and CONVEY, by way of Pacto de Retro Sale or sale with right to repurchase unto Pedro San Jose the above-described parcel of land together with all improvements therein existing, under following conditions: 1. That I, Juan de la Cruz, herein vendor, reserve the right to repurchase the above-described property within a period of one (1) year from date of this document by paying the same price of Four Hundred Thousand Pesos (Php 400,000.00), Philippine Currenecy, unto Pedro San Jose; 2. That I, Pedro San Jose, upon receipt of the sum Four Hundred Thousand Pesos (Php400,000.00), Philippine Currency, from Juan de la Cruz do hereby agree and covenant to reconvey unto Juan de la Cruz the above described property together with all the improvements therein existing; 3. That failure on the part of the vendor to repurchase the said parcel of land within the period herein stated, the sale becomes absolute and shall be proceeded in accordance of the Rules of Court.
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-2IN WITNESS WHEREOF, we hereunto affixed our signatures this 23rd day of June 2007 at Dipolog City, Philippines. JUAN DE LA CRUZ Vendor-a-retro SIGNED IN THE PRESENCE OF: PEDRO SAN JOSE Vendee-a-retro
______________________
_____________________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES } CITY OF DIPOLOG } s.s
BEFORE ME this 23rd day of June, 2010 in the City of Dipolog, personally appeared JUAN DE LA CRUZ, exhibiting his Community Tax Certificate Number 12895671 issued in Estaka, Dipolog City on January 5, 2010, and Pedro San Jose exhibiting his Community Tax Certificate No. 7891011 issued in Biasong, Dipolog City on February 3, 2010, act and deed. This document consists of two (2) pages including the page on which this acknowledgment is written, all signed by the parties and the instrumental witnesses on every page thereof. WITNESS MY HAND AND NOTARIAL SEAL. JEAN J. CAETE- PANGO Notary Public
My commission expires on December 31, 2011 PTR No. 906760 issued Jan. 3, 2007 IBP No. 918300 Roll No. 13466
foregoing document and they acknowledged that the same is their free and voluntary
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Form No. 11
DEED OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS:
I, JUAN DE LA CRUZ, Filipino, of legal age, single, and a resident of Estaka, Dipolog City, am the absolute owner of the following described parcel of land:
A parcel of land known as Lot No. 1, Pls-18, Dipolog Cadastre, situated at Galas, Dipolog City, containing an area of FIVE HUNDRED SQUARE METERS (500 sq m), more or less, and covered by Transfer Certificate of Title No. T-12345 of the Registry of Deeds of Dipolog City, the exact description of which is indicated upon the face of the aforesaid Certificate of Title.
That for an in consideration of the loan of Fifty Thousand Pesos (Php50,000.00), Philippine Currency, to me extended by Pedro San Jose, Filipino, of legal age, single and a resident of Punta, Dipolog City, I the said Juan de la Cruz, in order to secure payment of said loan, do hereby mortgage in favor of Pedro San Jose the above described property together with all improvements therein existing within a period of one (1) year from the date of this document, provided that should I pay said loan of Fifty Thousand Pesos (Php50,000.00), Philippine Currency, within the period of one (1) year, then this mortgage would be without effect, otherwise it should be made enforceable and maybe proceeded upon in accordance of law. IN WITNESS WHEREOF, I hereunto affix my signature this 30th day of June 2007 at Dipolog City, Philippines.
JUAN DE LA CRUZ
Mortgagor
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_____________________
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ACKNOWLEDGMENT
} } s.s
BEFORE ME this 23rd day of June, 2010 in the City of Dipolog, personally appeared JUAN DE LA CRUZ, exhibiting his Community Tax Certificate Number 12895671 issued in Estaka, Dipolog City on January 5, 2010, known to me to be the same person who executed the foregoing Deed of Mortgage and he acknowledged that the same is his free and voluntary act and deed. This document consists of two (2) pages including the page on which this acknowledgment is written, all signed by the parties and the instrumental witnesses on every page thereof. WITNESS MY HAND AND NOTARIAL SEAL.
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Form No. 12
That for and in consideration of the loan of Forty Thousand Pesos (P40,000.00), Philippine currency, which I have received from Pedro San Jose, Filipino, of legal age, single, and a resident of Miputak, Dipolog City, I, the said Juan de la Cruz in order to secure the payment of the said loan, do hereby MORTGAGE by way of chattel mortgage the above-described motor vehicle in favor of Pedro San Jose, provided that should I pay the said loan of Forty Thousand Pesos (P40,000.00) within a period of one (1) year from the date of this mortgage, then this chattel mortgage shall be without legal effect otherwise it shall be enforced in the manner provided for by law. IN WITNESS WHEREOF, I hereunto affix my signature this 30th day of June 2010 at Dipolog City, Philippines.
JUAN DE LA CRUZ
Mortgagor
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ACKNOWLEDGMENT
} } s.s
BEFORE ME this 23rd day of June, 2010 in the City of Dipolog, personally appeared JUAN DE LA CRUZ, exhibiting his Community Tax Certificate Number 12895671 issued in Estaka, Dipolog City on January 5, 2010, known to me to be the same person who executed the foregoing Deed of Chattel Mortgage and he acknowledged that the same is his free and voluntary act and deed. This document consists of two (2) pages including the page on which this acknowledgment is written, all signed by the parties and the instrumental witnesses on every page thereof. WITNESS MY HAND AND NOTARIAL SEAL.
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} }s.s.
JUAN DE LA CRUZ
Mortgagor
SUBSCRIBED AND SWORN TO BEFORE ME this 30th day of June 2010 in the City of Dipolog, affiant exhibiting his Community Tax Certificate No. 0123456 issued on January 3, 2010 at Estaka, Dipolog City.
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Form No. 13
PEDRO SAN JOSE Mortgagee SIGNED IN THE PRESENCE OF: ___________________ __________________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES) CITY OF DIPOLOG .) s.s
BEFORE ME, this 30th day of June 2010 in the City of Dipolog, personally appeared Pedro San Jose, exhibiting his Community Tax Certificate No. 789101 issued in Estaka, Dipolog City on January 8, 2010, known to me to be the same person who executed the foregoing document and he acknowledged that the same is his free and voluntary act and deed. WITNESS MY HAND AND NOTARIAL SEAL.
JEAN J. CAETE- PANGO Notary Public
My commission expires on December 31, 2011 PTR No. 906760 issued Jan. 3, 2007
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Form No. 14
CONTRACT OF PLEDGE
KNOW ALL MEN BY THESE PRESENTS: I, JUAN DE LA CRUZ, Filipino, of legal age, single, and a resident of Biasong, Dipolog City, am the absolute owner of the following described motor vehicle:
Make Engine No. Chasis No. Plate No. Color Issued by Official Receipt No. ----------------------------------------------------------------------------------------------------------------Honda Motorcycle Ix250de-000491 Ix250de-000129 MD-6636 Red CR No. 23647890 LTO, Dipolog City 37833546
That for and in consideration of the sum of Twenty Thousand Pesos (Php20,000.00), Philippine Currency, which I have received from Pedro San Jose, Filipino, of legal age, single, and a resident of Galas, Dipolog City, I, the said Juan de la Cruz, do hereby pledge unto said Pedro San Jose the abovedescribed motorcycle together with all its accessories, provided that should I pay the said loan within a period of three (3) months from the date of this contract, then this contract of pledge would be without any legal effect, otherwise it may be proceeded in the manner prescribed by law. IN WITNESS WHEREOF, we have hereunto affixed our signatures this 30th day of June 2010 in the City of Dipolog, Philippines. JUAN DE LA CRUZ PEDRO SAN JOSE
Pledgor
Pledgee
______________________
_____________________
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ACKNOWLEDGMENT
} } s.s
BEFORE ME this 30th day of June, 2010 in the City of Dipolog, personally appeared JUAN DE LA CRUZ, exhibiting his Community Tax Certificate Number 12895671 issued in Estaka, Dipolog City on January 5, 2010, and Pedro San Jose exhibiting his Community Tax Certificate No. 7891011 issued in Galas, Dipolog City on February 3, 2010, known to me to be the same persons who executed the foregoing document and they acknowledged that the same is their free and voluntary act and deed. This document consists of two (2) pages including the page on which this acknowledgment is written, all signed by the parties and the instrumental witnesses on every page thereof. WITNESS MY HAND AND NOTARIAL SEAL.
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Form No. 15 CONTRACT OF LEASE OF RESIDENTIAL BUILDING KNOW ALL MEN BY THESE PRESENTS:
This Contract of Lease executed this 17TH day of July 2010, by and between JUAN DE LA CRUZ, Filipino, of legal age, single and a resident of Estaka, Dipolog City, hereinafter called the LESSOR and PEDRO SAN JOSE, Filipino, of legal age, single and a resident of Punta, Dipolog City, hereinafter called the LESSEE. WITNESSETH: That the lessor is the owner of a residential building single storey situated at General Luna St., Corner Lapu-lapu St., Dipolog City, erected on the lot known as Lot No. 5252, Pls-6, Dipolog Cadastre and covered by Transfer Certificate of Title No. T10510 of the Registry of Deeds of Dipolog City; That the lessor leases unto the lessee the aforesaid residential building together with the land on which it is erected under the following terms and conditions: 1. That the lessee pays unto the lessor the monthly rental of FIVE THOUSAND PESOS (P5,000.00), Philippine currency, payable within the first five (5) days of the month; 2. That the lessee shall be responsible for the payment of all water and electric bills as well as telephone rentals; 3. That the property shall be used by the lessee only for residential purposes and the lessee is prohibited from subleasing the same to any third person without the written consent of the lessor; 4. That the lease shall be for a the period of five (5) years from the date of this document which may be extended by agreement of the parties upon expiration of the lease; 5. That upon the expiration of this contract the lessee shall voluntarily vacate the premises without further notice unless the agreement is extended by the parties.
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-2IN WITNESS WHEREOF, we hereunto affix our signatures this 17th day of July, 2010 in the City of Dipolog, Philippines. JUAN DE LA CRUZ Lessor Signed in the presence of: PEDRO SAN JOSE Lessee
____________________
_____________________
ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) CITY OF DIPOLOG........)s.s BEFORE ME, this 30th day of July, 2010 in the City of Dipolog, personally appeared Juan dela Cruz, exhibiting his Community Tax Certificate No. 0123456 issued in Estaka, Dipolog City on January 8, 2010, and Pedro San Jose exhibiting his Community Tax Certificate No. 7891011 issued in Miputak, Dipolog City on February 3, 2010, known to me to be the same persons who executed the foregoing Contract of Lease and they acknowledged that the same are their free and voluntary act and deed. This document consists of two (2) pages including the page on which this acknowledgment is written, all signed by the parties on every page and also signed by their witnesses. WITNESS MY HAND AND NOTARIAL SEAL.
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Form No. 16 DEED OF EXCHANGE OF REAL PROPERTIES KNOW ALL MEN BY THESE PRESENTS:
This Deed of Exchange made this 17th day of July 2010 in the City of Dipolog by and between JUAN DE LA CRUZ, Filipino, of legal age, single and a resident of Estaka, Dipolog City, hereinafter called the FIRST PARTY and PEDRO SAN JOSE, Filipino, of legal age, single and a resident of Turno, Dipolog City, hereinafter called the SECOND PARTY. WITNESSETH: That the FIRST PARTY is the absolute owner of the following described property: A parcel of land otherwise known as Lot No. 7171 covered by Transfer Certificate of Title No. T-20010 of the Registry of Deeds of Dipolog City, the exact description of which is indicated on the face of the aforesaid title. That the SECOND PARTY is the absolute owner of the following described property: A parcel of land otherwise known as Lot No. 6464 covered by Transfer Certificate of Title No. T-30020 of the Registry of Deeds of Dipolog City, the exact description of which is indicated on the face of the aforesaid ttile. That the FIRST PARTY and the SECOND PARTY by this contract have agreed to exchange their properties above described to the effect that henceforth the FIRST PARTY becomes the owner of that parcel of land above described which is owned by the SECOND PARTY, and the SECOND PARTY becomes also the owner of that parcel of land above described which is owned by the FIRST PARTY IN WITNESS WHEREOF, We hereunto affix our signatures in this 17th day of July 2010 in the City of Dipolog, Philippines.
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_________________________
________________________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES ) CITY OF DIPOLOG..........)s.s
BEFORE ME, this 30th day of July, 2010 in the City of Dipolog, personally appeared Juan de la Cruz, exhibiting his Community Tax Certificate No. 0123456 issued in Estaka, Dipolog City on January 8, 2010, and Pedro San Jose exhibiting his Community Tax Certificate No. 7891011 issued in Miputak, Dipolog City on February 3, 2010, known to me to be the same persons who executed the foregoing Deed of Exchange of Real Properties and they acknowledged that the same are their free and voluntary act and deed. This document consists of two (2) pages including the page on which this acknowledgment is written, all signed by the parties on every page and also signed by their witnesses. WITNESS MY HAND AND NOTARIAL SEAL.
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ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES) CITY OF DIPOLOG........)s.s BEFORE ME, this 20th day of July, 2010 in the City of Dipolog, personally appeared Juan de la Cruz, exhibiting his Community Tax Certificate No. 0123456 issued in Estaka, Dipolog City on January 8, 2010, and Pedro San Jose exhibiting his Community Tax Certificate No. 7891011 issued in Miputak, Dipolog City on February 3, 2010, known to me to be the same persons who executed the foregoing Deed of Assignment and they acknowledged that the same are their free and voluntary act and deed. This document consists of two (2) pages including the page on which this acknowledgment is written, all signed by the parties on every page and also signed by their witnesses. WITNESS MY HAND AND NOTARIAL SEAL.
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Form No. 18
Affidavit Of Loss
REPUBLIC OF THE PHILIPPINES ) CITY OF DIPOLOG ..) s.s.
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Form No. 19 SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:
I, Juan de la Cruz, Filipino, of legal age, single and a resident of Estaka, Dipolog City, do hereby name, constitute and appoint Pedro San Jose, Filipino, of legal age, single and a resident of Barra, Dipolog City to be my true and lawful attorney within a period of Three (3) months from today to perform and do the following acts and deeds: To sell to any buyer the following described property to the sum not less than Five Hundred (Php500.00) Pesos, Philippine Currency, to wit: A parcel of land otherwise known as Lot 1055 covered by OCT No. 1818 of the Registry of Deeds of Dipolog City, situated at Estaka, Dipolog City and measuring about Five Hundred (500) square meters, the exact description of which is stated on the face of the aforesaid title. HEREBY GIVING AND GRANTING unto my said attorney full powers and authority to do and perform all acts and deeds requisite or necessary to be done in order to carry into effect the foregoing authority to sell, as fully to all intents and purposes as I may regularly and legally do if personally present with powers of substitution and revocation and hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do under the premises. IN WITNESS WHEREOF, I hereunto affix my signature this 17 th day of July 2010 in the City of Dipolog, Philippines
___________________
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ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES) CITY OF DIPOLOG........)s.s BEFORE ME, this 17th day of July, 2010 in the City of Dipolog, personally appeared Juan de la Cruz, exhibiting his Community Tax Certificate No. 0123456 issued in Estaka, Dipolog City on January 8, 2010, and Pedro San Jose exhibiting his Community Tax Certificate No. 7891011 issued in Miputak, Dipolog City on February 3, 2010, known to me to be the same persons who executed the foregoing Special Power of Attorney and they acknowledged that the same are their free and voluntary act and deed. This document consists of two (2) pages including the page on which this acknowledgment is written, all signed by the parties on every page and also signed by their witnesses. WITNESS MY HAND AND NOTARIAL SEAL.
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Form No. 20 GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:
I, Juan de la Cruz, Filipino, of legal age, single, and a resident of Biasong, Dipolog City, do hereby name, constitute and appoint Pedro San Jose to be my true and lawful attorney, for me and in my name, place and stead, to do and perform the following acts and things to wit: To ask, demand, sue for, recover, collect any all sums of money, debts, dues, accounts, legacies, bequests, interest, dividends, and other things of value of whatever nature or kin as may now be or may or may hereafter become due, owing, payable or belonging to me and to have, sue, and to take any and all lawful ways and means for the recovery thereof by suit, attachment, compromise or otherwise; To make, sign, execute and deliver contracts, documents, agreements, and other writings of whatever nature or king, with any, and all third persons, concerns, or entities, upon terms and conditions acceptable to my said attorney; To delegate in whole or in part any or all of the powers herein granted or conferred , by means of an instrument in writing, in favor of any third person or persons whom my said attorney may select; HEREBY GIVING AND GRANTING unto my said attorney full power and authority whatsoever requisite or necessary or proper to be done in and about the premises as fully to all intents and purposes as I might or could lawfully do or cause to be done under and by virtue of there presents. IN WITNESS WHEREOF, I have hereunto set my hands this 17th day of July 20010 in the City of Dipolog, Philippines.
_________________
__________________
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ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES) CITY OF DIPOLOG........)s.s BEFORE ME, this 17th day of July, 2010 in the City of Dipolog, personally appeared Juan de la Cruz, exhibiting his Community Tax Certificate No. 0123456 issued in Estaka, Dipolog City on January 8, 2010, known to me to be the same person who executed the foregoing General Power of Attorney and he acknowledged that the same is his free and voluntary act and deed. This document consists of two (2) pages including the page on which this acknowledgment is written, all signed by the parties on every page and also signed by their witnesses. WITNESS MY HAND AND NOTARIAL SEAL.
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________________________
ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) CITY OF DIPOLOG .) s.s
___________________
BEFORE ME, this 26th day of June, 2010 in the City of Dipolog, personally appeared Juan de la Cruz, exhibiting his Community Tax Certificate No. 0123456 issued in Estaka, Dipolog City on January 8, 2010, known to me to be the same person who executed the foregoing Revocation of Power of Attorney and he acknowledged that the same is his free and voluntary act and deed. WITNESS MY HAND AND NOTARIAL SEAL.
JEAN J. CAETE- PANGO Notary Public
My commission expires on December 31, 2011 PTR No. 906760 issued Jan. 3, 2007
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Form No. 22
40
_____________________
____________________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES) CITY OF DIPOLOG........)s.s BEFORE ME, this 22th day of August, 2010 in the City of Dipolog, personally appeared Juan de la Cruz, exhibiting his Community Tax Certificate No. 0123456 issued in Estaka, Dipolog City on January 8, 2010, and Pedro San Jose exhibiting his Community Tax Certificate No. 7891011 issued in Miputak, Dipolog City on February 3, 2010, known to me to be the same persons who executed the foregoing Deed of Partition and they acknowledged that the same are their free and voluntary act and deed. This document consists of two (2) pages including the page on which this acknowledgment is written, all signed by the parties on every page and also signed by their witnesses. WITNESS MY HAND AND NOTARIAL SEAL.
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Form No. 23
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-2That the above-named persons hereby decreed and adjudicate among themselves the above-described properties in the following manner: 1. 2. 3. To Juan de la Cruz, Jr.: PARCEL I; To Maira de la Cruz: PARCEL 2; To Pedro de la Cruz: PARCEL 3;
That this extra-judicial settlement does not include any personal property. That in compliance with the provision of the Rules of Court, the above-named persons agree to have this document published in the Mindanao Observer for three (3) consecutive weeks. IN WITNESS WHEREOF, we hereunto affix our signature this 21st day of August 2010 in the City of Dipolog.
______________________
___________________
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-3-
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES) CITY OF DIPOLOG........)s.s BEFORE ME, this 22th day of August, 2010 in the City of Dipolog, personally appeared Juan de la Cruz, exhibiting his Community Tax Certificate No. 0123456 issued in Estaka, Dipolog City on January 8, 2010, Maria de la Cruz exhibiting her Community Tax Certificate No. 7891011 issued in Miputak, Dipolog City on February 3, 2010, and Pedro de la Cruz exhibiting his Community Tax Certificate No. 5867910 issued in Dipolog City, known to me to be the same persons who executed the foregoing Deed of Extra-judicial Settlement and they acknowledged that the same are their free and voluntary act and deed. This document consists of three (3) pages including the page on which this acknowledgment is written, all signed by the parties on every page and also signed by their witnesses. WITNESS MY HAND AND NOTARIAL SEAL.
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Form No. 24 REPUBLIC OF THE PHILIPPINES) CITY OF DIPOLOG..) s.s AFFIDAVIT OF SELF ADJUDICATION
I, Juan de la Cruz Jr. Filipino, of legal age, single and a resident of Estaka, Dipolog City, under oath depose and say: That I am the only surviving heir of Juan de la Cruz Sr. who died intestate in the City of Dipolog on January 24, 2010 as evidenced by death certificate hereto attached as Annex A; That said deceased person at the time of his death left the following properties: PARCEL 1 A parcel of land otherwise known as Lot No. 437, covered by Original Certificate of Title No. O-43647 of the Registry of Deeds of Dipolog City, the exact description of which is indicated on the face of the aforesaid title. PARCEL II A parcel of land otherwise known as Lot No. 542 covered by Original Certificate of Title No. O-43645 of the Registry of Deeds of Dipolog City, the exact description of which is indicated on the face of the aforesaid title. That pursuant to the Rules of Courts, being the only heir I do hereby adjudicate unto myself all of the above-described properties by means of this affidavit of self adjudication which I intend to file with the office of the Registry of Deeds of Dipolog City, with the request that said adjudication be made effective without judicial proceeding and that the title of the above-described properties be cancelled and that a new Transfer Certificate of Title be issued in my name. That this affidavit of self adjudication shall become effective after publication in the Mindanao Observer for three (3) consecutive weeks.
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-2IN WITNESS WHEREOF, I hereunto affix my signature this 21st day of August 2010 in the City of Dipolog, Philippines.
SUBSCRIBED AND SWORN TO BEFORE ME, this 26th day of August 2010 in the City of Dipolog, affiant exhibiting his Community Tax Certificate No. 0123456 issued on January 4, 2010 at Estaka, Dipolog City.
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Form No. 25
For and in consideration of the love and affection which the donor has for the donee and for viable services rendered, the donor hereby transfers, conveys and donates the above-described parcel of land together with all improvements therein existing unto the donee, free from all liens and encumbrances; That the donor hereby states for the purpose of giving full effect of this donation, that he has reserve unto himself sufficient properties for his own use and in the manner appropriate for his needs; That the donee hereby accepts this donation and expresses his gratitude for the love, kindness and liberality of the donor; IN WITNESS WHEREOF, we hereunto affix our signatures this 28 th day of August 2010 in the City of Dipolog, Philippines. JUAN DE LA CRUZ Donor Signed in the presence of: __________________ _________________ PEDRO SAN JOSE Donee
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ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES) CITY OF DIPOLOG........)s.s BEFORE ME, this 28th day of August, 2010 in the City of Dipolog, personally appeared Juan de la Cruz, exhibiting his Community Tax Certificate No. 0123456 issued in Miputak, Dipolog City on January 8, 2010, and Pedro San Jose exhibiting his Community Tax Certificate No. 5867910 issued in Miputak, Dipolog City, known to me to be the same persons who executed the foregoing Deed of Donation of Real Estate and they acknowledged that the same are their free and voluntary act and deed. This document consists of two (2) pages including the page on which this acknowledgment is written, all signed by the parties on every page and also signed by their witnesses. WITNESS MY HAND AND NOTARIAL SEAL.
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That for and in consideration of the love and affection of the donor to the donee, the donor hereby transfers, conveys and donates the above-described property with all improvements therein existing unto the donee, the same to become effective upon the death of the donor, but in the event that the donee should die before the donor, this donation shall be deemed rescinded and of no further force and effect. That the donee thus hereby accepts this donation and expresses his gratitude for the kindness, love and liberality of the donor. IN WITNESS WHEREOF, we hereunto affix our signatures this 28th day of August 2010. JUAN DE LA CRUZ Donor Signed in the presence of: __________________ ___________________ ___________________ PEDRO SAN JOSE Donee
ATTESTATION CLAUSE
We, the undersigned witnesses whose residence are stated opposite of our respective names do hereby certify that the donor Juan de la Cruz had made known to us and unto the whole world that the foregoing deed of donation mortis causa and in his voluntary act and deed and has signed the 49
-2same in all pages in our joint presence, and we in turn at his request have witnessed the same and signed every page thereof in the presence of the testator and in the presence of each and everyone of us. Dipolog City, Philippines, August 28, 2010. 1.______________________ - ______________________________ 2.______________________ - _______________________________ 3.______________________ - _______________________________
JOINT ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES) CITY OF DIPOLOG..)s.s BEFORE ME, this 28th day of August 2010 in the City of Dipolog personally appeared the following persons: 1. 2. 3. 4. 5. The donor Juan de la Cruz, exhibiting his Community Tax Certificate No. 012536 issued at The donee Pedro San Jose who exhibited his Community Tax Certificate No. 123584 Witness _____________________, exhibiting his Community Tax Certificate No. 568794 Witness ______________________, with Community Tax Certificate No. 347964 issued at Witness _______________________, exhibiting his Community Tax Certificate No. 098765 Miputak, Dipolog City on Janaury 2, 2010; issued at Estaka, Dipolog City on January 3, 2010; issued at Central Barangay, Dipolog City on January 5, 2010; Biasong, Dipolog City on January 7, 2010. issued at Barra, Dipolog City on January 3, 2010. known to me to be the same persons who signed the foregoing deed of donation mortis causa, the donor and the donee signed first and the instrumental three (3) witnesses respectively acknowledged to me that they sign the same as their free and voluntary act and deed and in the presence of one another. This document consists of two (2) pages including the page on which this acknowledgment is written and has been signed in all pages by the donor and the donee and the three (3) instrumental witnesses and sealed with my notarial seal.
WITNESS MY HAND AND NOTARIAL SEAL. JEAN J. CAETE - PANGO Notary Public
My commission expires on December 31, 2010 PTR No. 906760 issued Jan. 3, 2007 IBP No. 918300 Roll No. 13466
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Form No. 27 LAST WILL AND TESTAMENT OF JUAN DE LA CRUZ KNOW ALL MEN BY THESE PRESENTS:
I, Juan de la Cruz, Filipino, of legal age, married to Juana Jones, and a native of Dipolog City, having been born thereat on October 21, 1934, and now residing in Miputak, Dipolog City, being of sound disposing mind and memory, and not acting under undue influence, violence, fraud, duress or intimidation of whatever kind, do hereby declare this document to be my last will and testament which I have caused to be written in English, the language known to me and I hereby declare as follows: 1. That I desire that my remains be buried in a simple rites with dignity suitable to my circumstances; 2. That to my beloved and beautiful wife, Juana Jones, I hereby bequeath the following properties; PARCEL 1 Lot No. 0056 Pcs7 Dipolog Cadastry by Transfer Certificate of Title No. T-1515 of the Registry of Deeds of Dipolog City, the exact technical description of which appears on the face of the aforesaid certificate of title. PARCEL II A parcel of land otherwise known as Lot No 643 covered by Original Certificate of Title No. O-43650 if the Registry of Deeds of Dipolog City, the exact description of which is indicated on the face of the aforesaid title. PARCEL III A parcel of land otherwise known as Lot No. 542 covered by Original Certificate of Title No. O-43645 of the Registry of Deeds of Dipolog City, the exact description of which is indicated on the face of the aforesaid title.
3. That I hereby give and bequeath to my only son, Juan de la Cruz Jr. all my other properties not stated above and which are situated in the Province of Zamboanga del Norte, Citites of Dipolog as well as in the Province of Zamboanga del Sur and cities of Pagadian;
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-b4. That I hereby designates my son, Atty. Juan de la Cruz Jr. to be the executor of this last will and testament and in his default or incapacity to act, my beautiful wife, Juana Jones, both to serve without bond; 5. That I hereby revoke any and all other wills, codicils, or testamentary dispositions I have heretofore executed, signed, or published or alleged to have been executed, signed or published. IN WITNESS WHEREOF, I hereunto affix my signature this 28th day of August 2010 in the City of Dipolog, Philippines.
Signed in the presence of: 1. ________________________ - ______________________________ 2. ________________________ - ______________________________ 3. ________________________ - ______________________________
ATTESTATION CLAUSE We, the undersigned witnesses whose residence stated in our opposite name, do hereby certify that testator Juan de la Cruz Sr., has made known to us and to the whole worked that the foregoing document is his last will and testament which consists of three (3) pages correspondingly numbered in letters on each and every page thereof, which he has signed all the pages thereof in our joint presence and we in turn at his request have witnesses the same and sign every page thereof in the present of the testator and in every presence of each and every one of us.
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Form No. 28
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Form No. 29
Republic of the Philippines MUNICIPAL TRIAL COURT OF KATIPUNAN Katipunan, Zamboanga del Norte
REPUBLIC OF THE PHILIPPINES, Plaintiff -versusJUAN DE LA CRUZ, Defendant x---------------------------------------x Criminal Case No. 5034 -forGRAVE THREATS
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Form No. 30
PEDRO SAN JOSE, Plaintiff -versusJUAN DE LA CRUZ, Defendant x--------------------------x Civil Case No. 80999 -forRECOVERY OF SUM OF MONEY
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Form No. 31
PEOPLE OF THE PHILIPPINES, Plaintiff -versusJUAN DE LA CRUZ, Defendant x------------------------------------x Criminal Case No. 506 -forHOMICIDE
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Form No. 32
PEDRO SAN JOSE, Plaintiff -versusJUAN DE LA CRUZ, Defendant x--------------------------x Civil Case No. 45087 -forRECOVERY OF POSSESSION AND OWNERSHIP
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Form No. 33
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Form No. 34
In the matter of the probate of the Will of Juan de la Cruz Sr. JUAN DE LA CRUZ, Petitioner x------------------------------------------x Special Proc. No. 77568 -forPROBATE OF A WILL
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Form No. 35
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Form No. 36
PEDRO SAN JOSE, Plaintiff Appellee -versusJUAN DE LA CRUZ, Defendant Appellant X-----------------------------------------X C.A. G.R. No. 5681 -forRECOVERY OF POSSESSION AND OWNERSHIP
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Form No. 37
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Form No. 38
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Form No. 39
Notice of Appeal
Republic of the Philippines REGIONAL TRIAL COURT OF ZAMBOANGA DEL NORTE 9th Judicial Region Dipolog City Branch VI JUAN DE LA CRUZ, Plaintiff -versusPEDRO SAN JOSE, Defendant x--------------------------x Civil Case No. 454450 -forCOLLECTION OF SUM OF MONEY
NOTICE OF APPEAL PLAINTIFF, thru undersigned counsel gives notice that he is appealing the judgment of this honorable court in the above entitled case dated September 11, 2010, to the Court of Appeals. WHEREFORE, it is respectfully prayed in this honorable court that the records of this case be forwarded to the Court of Appeals where the appeal is situated. Dipolog City, Philippines, 15th day of September, 2010 JEAN J. CAETE- PANGO
PTR No. 906760 issued Jan. 3, 2007 IBP No. 918300 Roll No. 13466
Note: Copy was furnish to the opposing counsel and party to their address by personal service. CERTIFICATION I, Jean J. Caete Pango hereby certify on my honor that I furnish a copy of appeal to the above named counsel and defendant by personal service. JEAN J. CAETE PANGO 65
Form No. 40
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6. That the cause of defendants unjustified refusal to pay his obligation to herein plaintiff, the latter has to file his case in court in order to protect his interest and in the process of which as he has to secure the services of counsel to whom he has obligated to pay attorneys fees in the amount of Fifty Thousand (P50,000.00) Pesos and in the prosecution of the case he is forced to incur actual expenses of litigation in the amount of Ten Thousand (P10,000.00) Pesos. Wherefore, it is respectfully prayed of this honorable court that after hearing on the merits, judgment be rendered in favor of the plaintiff and against the defendant, ordering the latter to pay the former the sum of One Million (P1,000,000.00) Pesos legal rate of interest and to pay attorneys fees in the amount of Fifty Thousand (P50,000.00) Pesos and expenses of litigation in the amount of Ten Thousand (P10,000.00) Pesos. Plaintiff prays for such other relief and remedies just and equitable under the premises. Dipolog City, October 9, 2010.
VERIFICATION WITH CERTIFICATE OF NON-FORUM SHOPPING REPUBLIC OF THE PHILIPPINES ) CITY OF DIPOLOG) s.s. I, JUAN DE LA CRUZ, Filipino, of legal age, single and a resident of Estaka, Dipolog City, under oath depose and say: That I am the plaintiff in the above-entitled case; That I have caused the complaint to be prepared, supplying all the material facts therein alleged; That I have read the same and found all the allegations therein stated to be true and correct of my own personal knowledge;
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That I have not commenced any action or proceeding involving the same issues in any court of tribunal; that to the best of my personal knowledge no such action or proceeding is pending in any court or tribunal; that if there is any action or proceeding instituted or may have been terminated that will come to my knowledge I will inform the court of the status thereof; that if later, I will learned that similar action or proceeding is filed or pending in any court or tribunal I will report the same to the court within five (5) days from notice thereof. IN WITNESS WHEREOF, I hereunto affix my signature this 9th day of October 2010 in the City of Dipolog, Philippines.
SUBSCRIBED AND SWORN TO BEFORE ME, this 9th day of October 2010 in the City of Dipolog, affiant exhibiting his Community Tax Certificate No. 0123456 issued on January 4, 2010 at Estaka, Dipolog City.
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Form No. 41
Answer
Republic of the Philippines REGIONAL TRIAL COURT OF ZAMBOANGA DEL NORTE 9th Judicial Region Dipolog City Branch VI JUAN DE LA CRUZ, Plaintiff -versusPEDRO SAN JOSE, Defendant x--------------------------x Civil Case No. 452455 -forCOLLECTION OF SUM OF MONEY
ANSWER DEFENDANT, by the undersigned counsel to this honorable court in answer to the complaint respectfully avers: 1. That he admits the allegation of paragraphs 1 and 2 of the complaint; 2. That he denies the allegation in paragraph 3 and 4 of the complaint, that sometimes on November 2009 he has paid said obligation of One Million (P1,000,000.00) Pesos to said plaintiff as evidenced by a receipt hereto attached as Annex 1 to this answer; 3. That he has no knowledge as to the truth of the allegation of paragraph 5 of the complaint with respect to the amount of the attorneys fees being paid and expenses of litigation and therefore denies the same and respectfully states that even if said allegation is true, defendant is not liable to pay the same because he has already paid his obligation to the plaintiff; 69
4. With respect to allegation stated to paragraph 5 of the complaint, defendants refusal to pay the plaintiff is just and valid and therefore he is not responsible for whatever damages that he (plaintiff) may incurred in the complain in connection with his case. Wherefore, it is respectfully prayed that the instant case be dismiss with cost against the plaintiff. Dipolog City, October 22, 2010 JEAN J. CAETE- PANGO
PTR No. 906760 issued Jan. 3, 2007 IBP No. 918300 Roll No. 13466
CERTIFICATION
I hereby certify that I have served a copy of this answer to the plaintiff through counsel by registered mail, personal service is not available for lack of personnel. JEAN J. CAETE-PANGO
Counsel for the Defendant
SUBSCRIBED AND SWORN TO BEFORE ME, this 22nd day of October 2010 in the City of Dipolog, affiant exhibiting his Community Tax Certificate No. 0123456 issued on January 4, 2007 at Estaka, Dipolog City.
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Form No. 42
Reply
Republic of the Philippines REGIONAL TRIAL COURT OF ZAMBOANGA DEL NORTE 9th Judicial Region Dipolog City Branch VI
JUAN DE LA CRUZ, Plaintiff 45255 -versusPEDRO SAN JOSE, OF Defendant x--------------------------x MONEY -forCOLLECTION OF SUM Civil Case No.
REPLY
PLAINTIFF, by the undersigned counsel to this Honorable Court in reply to defendants answer with counterclaim most respectfully states: 1. That he reiterates the truth and veracity of all the allegations of the complaint and denies the allegation in the answer which contradicts plaintiffs averments in the complaint, the truth of being what is alleged in the complaint; 2. That the plaintiff filed the complaint in good faith to enforce his rights which defendant violated and therefore plaintiff is not liable for whatsoever damages defendant may have sustained. Wherefore, plaintiff respectfully reiterates to this honorable court the relief and remedies prayed for in the complaint. Dipolog City, October 30, 2010
JEAN J. CAETEPANGO
PTR No. 906760 issued Jan. 3, 2007 IBP No. 918300 Roll No. 13466
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CERTIFICATION
I hereby certify that I have served a copy of this reply to the defendant through counsel by registered mail, personal service is not available for lack of personnel. JEAN J. CAETE-PANGO Counsel for the plaintiff
SUBSCRIBED AND SWORN TO BEFORE ME, this 30th day of October 2007 in the City of Dipolog, affiant exhibiting his Community Tax Certificate No. 0123456 issued on January 4, 2007 at Estaka, Dipolog City.
Copy furnished: EUNICE DURAN-JANOLINO Counsel for the defendant By registered mail Reg. No. 5684
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FORM No. 43
Motion to Reset Trial
Republic of the Philippines REGIONAL TRIAL COURT OF ZAMBOANGA DEL NORTE 9th Judicial Region Dipolog City Branch VI
JUAN DE LA CRUZ, Plaintiff -versusPEDRO SAN JOSE, Defendant x--------------------------x Civil Case No. 4 234 -forCOLLECTION OF SUM OF MONEY
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Sir/ Maam:
Greetings! Please take note that on Friday September 24, 2010 morning session or soon there after as counsel may be heard the foregoing motion will be considered by the honorable court, without further arguments.
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Form No. 44
Republic of the Philippines REGIONAL TRIAL COURT OF ZAMBOANGA DEL NORTE 9th Judicial Region DIPOLOG CITY Branch VI
PEOPLE OF THE PHILIPPINES, Plaintiff -versusJUAN DE LA CRUZ, Accused x--------------------------x MOTION FOR LEAVE TO FILE DEMURRER TO EVIDENCE
The accused through counsel, unto this Honorable Court, most respectfully states: 1. That the prosecution in the above entitled case has already rested its case; 2. That the defense believes that the evidence of the prosecution against the accused is insufficient to establish the guilt of the accused beyond reasonable doubt, thus, the defense prays for leave to file demurrer to evidence in accordance with Section 33, Rule 113 of the Rules of Criminal Procedure. WHEREFORE, premised on the foregoing consideration and in the highest interest of justice, it is most respectfully prayed of this Honorable Court that the aforesaid motion be granted. September 16, 2010. Dipolog City, Philippines.
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NOTICE OF HEARING
THE CLERK OF COURT Regional Trial Court Ninth Judicial Region Branch VI Sir: Greetings! Please set the aforesaid motion for hearing on October 16, 2010, on which date counsel may be heard.
JEAN J. CAETE-PANGO Counsel for the Accused Copy furnished: The Honorable Provincial Prosecutor Dipolog City (By Registered Mail)
CERTIFICATION
I hereby certify that I have furnished copy of this motion to the Provincial Prosecutor prosecuting this case by registered mail, personal delivery not being available for lack of personnel.
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Form No. 45
Republic of the Philippines Regional Trial Court 9th Judicial Region Office of the Executive Judge IN RE: Petition for Notarial Commission Jean J. Caete Pango
PETITION
PETITIONER, by himself under this Honorable Court, most respectfully alleges: 1. The petitioner is Filipino of legal age, single and a resident of Dipolog City Philippines; 2. That she has satisfactorily completed the requirements in the School of Law; 3. That she is a member of the Philippine Bar of the Philippines and on April 5, 2009 with the Roll no. 523 as evidence by Certificate issued by the Bar confidant hereto attached as evidence annex A; 4. That since then she is a member of good standing of integrated Bar of the Philippines and pay full of her dues, as evidence annex B. and pay this professional tax receipt, as evidence of Photo copy hereto attached as annex C; 5. That he desires to be commission as NOTARY PUBLIC for and in the Province of Zamboanga Del Norte, including the cities of Dipolog and Dapitan, having an office at Room 223 Amatong Towers Dipolog City ; 6. That he has not been convicted of any crime involving moral turpitude nor has she any pending case, before any tribunal court in the Philippines. 7. That she has all the qualifications and not of the disqualifications for commission of Notary Public.
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8. That attached hereto as annex D. are three (3) specimen of the official signature and true impression of her dry seal as required by the notarial law. 9. That she has read and understand the notarial rules and other issuances of the Supreme Court of the Philippines, regarding notarial practice. WHEREFORE, it is most respectfully prayed of this honorable judge that the Notarial Commission be issued to the petitioner for the Province of Zamboanga del Norte including the cities of Dipolog and Dapitan. Dipolog City, September 29, 2010
VERIFICATION
REPUBLIC OF THE PHILIPPINES } CITY OF DIPOLOG } s.s
I, JEAN J. CAETE - PANGO, Filipino, of legal age, married and a resident of Estaka, Dipolog City, under oath depose and say: That I am the Petitioner in the above-entitled Petition; That I have caused the Petition to be prepared, supplying all the material facts therein alleged; That I have read the same and found all the allegations therein stated to be true and correct of my own personal knowledge;
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That I have not commenced any action or proceeding involving the same issues in any court or tribunal; that to the best of my personal knowledge no such action or proceeding is pending in any court or tribunal; that if there is any action or proceeding instituted or may have been terminated that would come to my knowledge I would inform the court of the status thereof; that if later, I will learn that similar action or proceeding is filed or pending in any court or tribunal I will report the same to the court within five (5) days from notice thereof. IN WITNESS WHEREOF, I hereunto affix my signature this 29th day of September 2010 in the City of Dipolog, Philippines.
SUBSCRIBED AND SWORN TO BEFORE ME this 26th day of June 2010 in the City of Dipolog, affiant exhibiting his Community Tax Certificate No. 0123456 issued on January 3, 2010 at Estaka, Dipolog City.
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Form No. 46
Republic of the Philippines MUNICIPAL TRIAL COURT OF KATIPUNAN Katipunan, Zamboanga del Norte People of the Philippines, Plaintiff, -versusJUAN DELA CRUZ, Accused, x---------------------------------/ COMPLAINT The undersigned, Petra San Jose, accuses Juan de la Cruz of the crime of rape committed as follows: That on or about September 15, 2009 at around 8:30 in the evening, in the Municipality of Katipunan, Zamboanga del Norte, Philippines, and within the jurisdiction of this Honorable Court, said accused did then and there willfully, unlawfully and feloniously and by means of force and intimidation, have sexual intercourse with the undersigned private offended party without her consent while she was alone in her house situated in the same place. The crime was committed with aggravating circumstances of nighttime and with abuse of superior strength. CONTRARY TO LAW. Katipunan, Zamboanga del Norte, September 16, 2009. PETRA SAN JOSE Private Offended Party -forRAPE Criminal Case No. 5766
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SUBSCRIBED AND SWORN TO BEFORE ME this 16th day of September 2010 at Katipunan, Zamboanga del Norte, Philippines.
Witnesses: 1. P/Insp. Few Lo Pascua Chief of Police, Katipunan, ZN 2. Dr. Angel Lock Sin Medical Examiner Exhibits: 1. One (1) white blouse 2. Torn maong trousers 3. Bloodstained underwear 4. Medical Certificate
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Form No. 47
INFORMATION
The undersigned provincial prosecutor, upon the sworn complaint of the private offended party accuses, Juan de la Cruz for the crime of rape committed as follows: That on or about October 15, 2010, around 7:30 in the evening in the Poblacion of Katipunan, Zamboanga del Norte, Philippines and within the jurisdiction of this honorable court, the said accused entered the house of Petra San Jose who was then sleeping and alone in her room and by means of force and intimidation willfully, unlawfully and feloniously places himself on top of the private offended party and after removing her underwear succeeded in having carnal knowledge with her against her will and without her consent. The crime was committed with aggravating circumstance of night time and abuse of superior strength. Contrary to law. Dipolog City, October 16, 2010. JEAN J. CAETE - PANGO Provincial Prosecutor
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WITNESSES: 1. P/Insp. Gerald Anderson Chief of Police 2. Dr. Kim Cho Health Officer Exhibits: 1. Whole Dress 2. Black Underwear 3. Black Bra
CERTIFICATION
I hereby certify that the required preliminary investigation has been conducted by the undersigned and there is reasonable ground to believe that the crime for rape has been committed. JEAN J. CAETE - PANGO Provincial Prosecutor
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Form No. 48
Republic of the Philippines REGIONAL TRIAL COURT OF ZAMBOANGA DEL NORTE Ninth Judicial Region Dipolog City Branch VI
PEOPLE OF THE PHILIPPINES, Plaintiff -versusJUAN DE LA CRUZ, Accused x-------------------------------------x Criminal Case No. 5 543 -forMURDER
INFORMATION
The undersigned Second Assistant Provincial Prosecutor, accuses JUAN DE LA CRUZ of the crime of murder committed as follows: That on or about September 15, 2010 in Galas, Dipolog City, and within the jurisdiction of this Honorable Court, said accused did then and there with treachery and evident premeditation, willfully and feloniously stabbed PEDRO SAN JOSE with a hunting knife on his chest, thereby inflicting upon him mortal wound which resulted his instantaneous death, with aggravating circumstance of nighttime. CONTRARY TO LAW. Dipolog City, September 16, 2010.
CERTIFICATION I hereby certify that the required preliminary investigation has been conducted under my direction having examined the witnesses in accordance with law and found probable cause therefore.
Witnesses: 1. James Bond Driver 2. Ma. Venus Raj Chief of Police Exhibits: 1. Hunting knife 2. Death Certificate
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Form No. 49
Republic of the Philippines REGIONAL TRIAL COURT OF ZAMBOANGA DEL NORTE Ninth Judicial Region Dipolog City Branch VI
PEOPLE OF THE PHILIPPINES, Plaintiff -versusJUAN DE LA CRUZ, Accused x-------------------------------------x INFORMATION HOMICIDE Criminal Case No. 5809 -for-
The undersigned Second Assistant Provincial Prosecutor, accuses JUAN DE LA CRUZ of the crime of HOMICIDE committed as follows: That on or about September 15, 2010 in Galas, Dipolog City, and within the jurisdiction of this Honorable Court, said accused did then and there with treachery and evident premeditation, willfully and feloniously stabbed PEDRO SAN JOSE with a hunting knife on his chest, thereby inflicting upon him mortal wound which resulted his instantaneous death, with aggravating circumstance of nighttime. CONTRARY TO LAW. Dipolog City, September 16, 2010. JEAN J. CAETE - PANGO 2nd Asst. Provincial Prosecutor
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CERTIFICATION I hereby certify that the required preliminary investigation has been conducted under my direction having examined the witnesses in accordance with law and found that the accused is charge with the crime committed. JEAN J. CAETE - PANGO 2nd Asst. Provincial Prosecutor
Witnesses: 1. James Bond Driver 2. Ma. Venus Raj Chief of Police Exhibits: 3. Hunting knife 4. Death Certificate
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Form No. 50
Amendment information
Republic of the Philippines REGIONAL TRIAL COURT OF ZAMBOANGA DEL NORTE Ninth Judicial Region Dipolog City Branch VI
PEOPLE OF THE PHILIPPINES, Plaintiff -versusJUAN DE LA CRUZ, Accused x-------------------------------------x Criminal Case No. 5896 -forMURDER
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THE CLERK OF COURT Regional Trial Court Ninth Judicial Region Branch VI Sir/:Maam Greetings! Please include the foregoing motion in your calendar of cases on October 16, 2010, at the usual morning session: on or anytime convenient to this honorable court for its consideration.
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