Legal Forms

PLEADINGS, PETITIONS, MOTIONS AND OTHER
JUDICIAL AND LEGAL FORMS

(Revised 2007)
1

THEODORE O. TE
2

!ntended for Exclusive Use of the University of the Philippines College of Law Bar Examination Candidates
for 2007, the Law !nterns of U.P. Office of Legal Aid (UP-OLA), and the students in the author's classes.

Any other use, without permission of the author, is prohibited and all legal rights are reserved.

1
These forms were first published in 1998 for use in the UP Law Bar Ops for that year.
2
Assistant Professor and Director, University of the Philippines Office of Legal Aid; Ll.B., U.P. (1990); Grateful
acknowledgement is given to Feliz Marie M. Guerrero, Ll.B. U.P. (2008, expected) for invaluable assistance in re-
formatting, proofreading and updating of legal references.
ii
TABLE OF CONTENTS

Table of Contents ii
On Writing, Legally v
!. CONNON FORNS
A. Caption and Title 1
B. Prayer 1
C. Jurat 1
D. verification 2
E. Certification against Forum Shopping 2
F. Combined verification and Certification against Forum Shopping 2
G. Combined verification, Certification against Forum Shopping, and Statement
of Naterial Dates 3
H. Request for and Notice of Hearing 3
!. Proof of Personal Service 3
J. Proof of service by registered mail (with Explanation for failure to serve
personally) +
K. Place, date, signature, address, Roll number, !BP receipt number, PTR
number +
L. Acknowledgement 5
N. Notice of Appeal 5

!!. PLEAD!NGS AND OTHER LEGAL DOCUNENTS !N C!v!L PROCEDURE
A. Complaint (and other initiatory pleadings)
1. Complaint for ejectment with damages 6
2. Complaint for sum of money 7
3. Complaint for Replevin 8
+. Complaint to set period of years for lease 9
B. Answer with affirmative defenses and counterclaims
1. Answer with compulsory counterclaim 10
2. Answer with counterclaim and cross-claim 12
C. Pre-trial Brief 13
D. Notions
1. Notion to Dismiss (with Request for and Notice of Hearing) 15
2. Notion for leave of court to file pleading (with explanation for service by
registered mail) 16
3. Notion for Judgment on the Pleadings 17
+. Ex parte motion to set for trial 18
5. Notion for postponement 19
6. Notion for extension of time 20
7. Notion to declare defendant in default 21
8. Notion to lift order in default 22
E. Special Civil Actions
1. Certiorari {with Injunction andJor TRO), Prohibition and Mandamus
a. Certiorari 23
iii
b. Prohibition 2+
c. Nandamus 25
2. Quo warranto, !nterpleader, Quieting of Title, and Declaratory Relief
a. Complaint in !nterpleader 26
b. Action to Quiet (or Remove Cloud on) Title 27
c. Action for Declaratory Relief 28
d. Quo Warranto 29

!!!. PLEAD!NGS AND OTHER LEGAL FORNS !N CR!N!NAL PROCEDURE
A. Complaint-Affidavit and Counter-Affidavit
1. Complaint-Affidavit 30
2. Counter-Affidavit 31
B. !nformation and Complaint
1. !nformation (with Certificate of Preliminary !nvestigation or !nquest)
a. Bigamy 33
b. Theft 3+
c. Attempted Rape 35
d. Frustrated Nurder 36
C. Notions
1. Notion to Quash !nformation 37
2. Notion to Quash Search Warrant 38
3. Notion to Suppress Evidence 39
+. Notion for Bail +0
D. Application for Bail +1

!v. PLEAD!NGS AND OTHER LEGAL DOCUNENTS CONNON TO C!v!L AND CR!N!NAL
PROCEDURE
A. Offer of Evidence and OppositionfComment to Offer
1. Formal Offer of Evidence +2
2. CommentfOpposition to Offer +3
B. Demurrer to the Evidence
1. Criminal cases ++
2. Civil cases +5
C. Notice of Lis Pendens +6
D. Appearance as Counsel +7
E. Withdrawal as Counsel
1. Withdrawal with conformity of client +8
2. Withdrawal without conformity of client +8
F. Substitution of Counsel +9
G. Notice of Appeal +9

v. PLEAD!NGS AND LEGAL DOCUNENTS ON DONEST!C CASES AND SPEC!AL
PROCEED!NGS
A. Petition for Habeas Corpus 50
B. Petition for Adoption 51
C. Petition for Declaration of Nullity of Narriage with Application for Provisional 52
iv
Orders
D. Petition for Probate of Holographic Will 5+

v!. DEEDS, CONTRACTS AND OTHER CORPORATE LEGAL DOCUNENTS
A. Special Power of Attorney 55
B. General Power of Attorney 55
C. Contract of Lease 56
D. Holographic Will 57
E. Notarial Will 57
F. Attestation Clause for a Notarial Will 58
G. Acknowledgement of a Notarial Will 58
H. Donation !nter vivos 59
!. Acknowledgment of Nominee Status with Assignment of Shares 60
J. Secretary's Certificate 61
K. Board Resolutions
1. Authority to Act 61
2. !ncrease in number of directors and necessary amendment to the Articles
of !ncorporation 61
L. Deed of Assignment 62
N. Deed of Sale of Registered Land (unilateral) 63
N. Deed of Sale of Unregistered Land (unilateral) 6+
O. Deed of Sale with Pacto de Retro (bilateral) 65
P. Deed of Repurchase of land sold under Pacto de Retro 66
Q. Deed of Sale with Nortgage 67
R. Dacion en Pago (Deed of Assignment of Real Estate in payment of debt) 68
S. Chattel Nortgage 69

v!!. APPEALS AND OTHER RESORTS TO APPELLATE COURTS !N CR!N!NAL AND C!v!L
PROCEDURE
A. Ordinary Appeals
1. in civil cases 70
a. from NTC (in original jurisdiction) to RTC (in appellate jurisdiction) 70
b. from RTC (in original jurisdiction) to CA 70
2. in criminal cases
a. from NTC (as trial court) to RTC (in appellate jurisdiction) 70
b. from RTC (as trial court) to CA 70
c. from RTC (as trial court) to SC 70
B. Petitions for Review
1. from RTC (as appellate court) or from quasi-judicial agencies to CA 71
2. from RTC (on pure questions of law) or CA (in appellate jurisdiction) to SC 71

v
ON WRITING, LEGALLY

Therefore, its name was called Babel, because
there the Lord confused the language of all the
earth. Genesis, 11:9, ESV

If brevity is the soul of wit, what now is to become of lawyers (and law students) who
would nonchalantly write a 100-page document and dare call it a Brief?

The traditional notion of legal writing is that it is a competition to put together as many
four to five-syllable words in a one-paragraph sentence. The language of the law mystifies and
with this comes the power of the lawyer. The more obscure and obtuse the language, the greater
the need for a lawyer.

History has given us many language handicaps and obstacles to clarity and precision.
Throughout four years of law school, the law student, who eventually becomes a lawyer, is
trained to think in archaic words and phraseslegalesewhich appear to have legal significance
but is actually too imprecise to help anyone understand what is going on. And to add to the
babelish situation, there are hundreds of words in a dead languageLatinthat have little
relevance to the contemporary world.

There is a sea change, however, going on in legal writing. More and more, pleaders are
asked to be clear and concise, precise not pedantic. Why waste five words when three will do?
3

But change, as always, is difficult and painful. Yet, it is an essential response to todays evolving
legal profession. Indeed, when the most common means now of communicating is text, with its
own subculture and lingo, there must be a re-examination of the archaic manner by which legal
writing presents itself.

What this short introduction to the accompanying handbook of Pleadings, Petitions,
Motions and Other Legal and Judicial Forms seeks to do is to put forth the need to write clearly
and concisely, precisely but not pedantically.

When a judges attention span is short and his backlog of reading is long, the need to
write concisely, clearly, precisely but not pedantically becomes absolutely clear.

Writing concisely and not pedantically, however, does not mean that the legal writer
ought to cut corners when it comes to substance as well as form; the only thing that that
guarantees is a baleful stare and a rude dismissal from the judge. Not only must the writer know
the arguments and the bases for his arguments, but she must also realize that these arguments
need to be presented in a manner that is technically sufficient.

3
My favorite, and many of my students will attest to this, is the absolutely archaic Comes Now, the Plaintiff, by the
undersigned counsel, unto this Honorable Court, respectfully states that as part of every pleading. Why waste 15
words, when 6 will do, thus: Plaintiff, by counsel, respectfully states that. The latter loses none of the legal
gravitas but loses every bit of the archaic pretense that mystifies the law and perpetuates the notion that laywers
know what they are doing each and every time.
vi
It is hoped that the forms presented here, with checklists
4
of legal requirements and short
annotations, will provide the impetus for demystifying legal writing and legal drafting. These
forms come from actual forms used in the authors practice, some from worthy opponents and
still some from traditional form books, with updates to fit the current state of the Rules.

While this handbook was produced, primarily, with the bar examinees and the law intern
or law student in mind, it is hoped that it might prove helpful as well when September ends
5
and
life, as a lawyer, begins in earnest.

Theodore O. Te
Room 105, Malcolm Hall
University of the Philippines
August 2007

4
Acknowledgment is given to Atty. Alex M. Enriquez, (Ll.B., UP, 1990) for the original template of the
Checklists, which have been updated to suit current practice.
5
Vide Green Day, Wake Me Up When September Ends, which has become an unofficial anthem for bar
examinees in the Philippines.
1
I. COMMON FORMS
A. Caption and Title

Republic of the Philippines
National Capital Judicial Region
REG!ONAL TR!AL COURT
Branch 1, Nanila

____________________,
Plaintiff,

-versus- Civil Case No._______________
For _______________________

______________________,
Defendant.
x - - - - - - - - - - - - - - - - - - x

B. Prayer

PRAYER

WHEREFORE it is respectfully prayed, after notice and hearing, that the defendant be ordered to
pay the plaintiff the amount of One Nillion Pesos (Php.1,000,000) for actual and compensatory damages,
Fifty Thousand Pesos (Php.50,000) for moral damages, Fifty Thousand Pesos (Php.50,000) for exemplary
damages, and Fifty Thousand Pesos (Php.50,000) for attorney's fees.

Other just and equitable reliefs are also prayed for.

C. Jurat

SUBSCR!BED AND SWORN TO before me in the City of _______________ on this day of
_________________, affiant exhibiting before me his community tax certificate no. _______________
issued on __________________ at _____________________.

(Sgd.) N. O. TAR!O
Notary Public
Until __________________
PTR No. _______________
!ssued at ______________
On ___________________

Doc. No.
Page No.
Book No.
Series of 2007.
Comment: The CAPTION is that
part of the pleading, which sets
forth:
1. the name of the court
2. the title of the action
3. the docket number, if assigned
(Sec. 1, par. 1, Rule 7, ROC).
Comment: The TITLE indicates
the names of the parties, who
shall be named in the original
complaint or petition. However, in
subsequent pleadings, it shall be
sufficient if the name of the 1
st

party on each side be stated with
an appropriate indication when
there are other parties. Their
respective participation in the
case shall be indicated (Sec. 1,
par. 2 &3, Rule 7, ROC).
Comment: The JURAT
accompanies any notarized
document that is declaratory in
nature, as opposed to a notarized
document that transmits rights or
property, which must be
accompanied by an
ACKNOWLEDGMENT.

Note that if the document is
subscribed before a public officer
duly authorized to take oaths,
then there is no need for the
affiant to produce a CTC nor for
the entry into a Notarial Register;
thus, the italicized portion of the
JURAT is dispensed with but not
the oath itself.
Comment: JURAT refers to an act
in which an individual, on a
single occasion:
1. appears in person before a
notary public (NP) and presents
an instrument or document
2. is personally known to the NP
or identified by the NP through
competent evidence of identity as
defined by these Rules
3. signs the instrument or
document in the presence of the
NP
4. takes an oath or affirmation
before the NP as to such
instrument or document (Sec. 5,
2004 Rules on Notarial Practice,
A.M. No. 02-8-13-SC effective
August 1, 2004).
2
D. Verification

vER!F!CAT!ON

Republic of the Philippines )
City of _______________ ) s.s.

C.K. Hilfiger, after having been duly sworn in accordance with law, deposes and states that:
1. He is the plaintiff in the pleadingfdocument entitled (pleadingfdocument being verified)
2. He has caused its preparation
3. He has read it and the allegations therein are true and correct of his own knowledge or
based on authentic records.

(Sgd.) C.K. H!LF!GER

PLUS: Jurat

NOTE: Pleadings required to be verified
1. All pleadings under the Rules of Summary Procedure
2. Complaints for
a. Forcible entry
b. Unlawful detainer
c. Replevin
3. Complaints with application for injunction or attachment
+. Answer to complaint or counterclaim based on actionable documents
5. Petitions for
a. Certiorari
b. Prohibition
c. Nandamus
d. Habeas Corpus
e. Change of Name

E. Certification against Forum Shopping

CERT!F!CAT!ON AGA!NST FORUN SHOPP!NG

City of _______________ ) s.s.

C.K. Hilfiger, after having been duly sworn in accordance with law deposes and states that:
1. He is the plaintiff in the case entitled (title of the case);
2. He certifies that he has not commenced any action or filed any claim involving the same
issues before any other court, tribunal or quasi-judicial agency;
3. To the best of his knowledge, there is no such pending action or claim;
+. !f he should learn that a similar action or claim has been filed or is pending he shall report
such fact within five (5) days from the discovery to this Honorable Court.


PLUS: Jurat

F. Combined Verification and Certification against Forum Shopping

vER!F!CAT!ON 8 CERT!F!CAT!ON AGA!NST FORUN SHOPP!NG

!, C.K. Hilfiger, of legal age, do hereby state that: ! am the Chief Executive Office of Alis Di-yan
Company and in such capacity, caused this Complaint to be prepared; ! have read its contents and affirm
that they are true and correct to the best of my own personal knowledge; ! hereby certify that there is no
other case commenced or pending before any court involving the same parties and the same issue and
that, should ! learn of such a case, ! shall notify the court within five (5) days from my notice.

!N W!TNESS WHEREOF, ! have signed this instrument on _____________.

PLUS: Jurat
Comment: A pleading is verified
by an affidavit that the affiant has
read the pleading and that the
allegations therein are true and
correct of his personal knowledge
or based on authentic records
(Sec. 4, par. 2, Rule 7, ROC).

Under Sec. 4, par.3, Rule 7, a
verification based on information
and belief or upon knowledge,
information and belief is
considered defective and the
pleading unverified/unsigned.
Comment: 1994 and 2004 Bar
Exams
Comment: Under Rule 7, Sec. 5,
the plaintiff or principal party
must certify under oath in the
complaint, initiatory pleading, or
sworn certification that:
1.he has not commenced any
action or filed any claim involving
the same issues in any court,
tribunal or quasi-judicial agency
and, to the best of his knowledge,
no such other action or claim is
pending there
2. if there is such other pending
action or claim, a complete
statement of its present status,
and
3. if he should thereafter learn
that the same or similar action or
claim has been filed or is pending,
he shall report that fact within 5
days to the court where his
complaint or pleading was filed.

Failure to comply with this reqt is
not curable by mere amendment
but shall be cause for dismissal
w/o prejudice, UNLESS otherwise
provided, upon motion and after
hearing.

Submission of a false certification
or non-compliance with its
undertakings shall constitute
indirect contempt of court, w/o
prejudice to corresponding admin
and crim actions.
Comment: 2004 Bar Exams
3
G. Combined Verification, Certification against Forum Shopping, and Statement of
Material Dates

vER!F!CAT!ON 8 CERT!F!CAT!ON AGA!NST FORUN SHOPP!NG

!, C.K. Hilfiger, of legal age, do hereby state that: ! am the Chief Executive Office of Alis Di-yan
Company and in such capacity, caused this Complaint to be prepared; ! have received a copy of the
[OrderfResolutionfDecision| of the Court on 13 April 2007; ! have read its contents and affirm that they
are true and correct to the best of my own personal knowledge; ! hereby certify that there is no other
case commenced or pending before any court involving the same parties and the same issue and that,
should ! learn of such a case, ! shall notify the court within five (5) days from my notice.

!N W!TNESS WHEREOF, ! have signed this instrument on _____________.

PLUS: Jurat

H. Request for and Notice of hearing

REQUEST FOR 8 NOT!CE OF HEAR!NG

THE BRANCH CLERK OF COURT
Netropolitan Trial Court
Quezon City, Branch 39

Please submit the foregoing Notion to the Court for its consideration and approval immediately
upon receipt hereof and kindly include the same in the court's calendar for hearing on Friday, 13 April
2007 at 8:30 in the morning.

ATT!CUS F!NCH
1 NockingBird Street
Timog Avenue, Quezon City

Please take notice that counsel has requested to be heard on Friday, 13 April 2007 at 8:30 in the
morning.

(Sgd.) N!TCH NCDEERE
Counsel for Defendant
2 The Firm
Laguna Street, Quezon City

I. Proof of personal service

Copy furnished through personal service:

Atty. Nitch NcDeere
Counsel for the Defendant
2 The Firm
Comment: NOTE: The Notice of
Hearing is actually both a
REQUEST and a NOTICE; a
REQUEST for the Branch Clerk of
Court to include the motion in the
calendar for hearing on a specific
date and a NOTICE to opposing
counsel of the hearing date
requested. In non-litigious motions
or ex parte motions, it is sufficient
that the request not contain a
date, and for that purpose, the
underlined portion in the Request
may be omitted with the Notice to
opposing counsel simply stating
that counsel will submit the
motion to the court for approval
immediately upon receipt.
+
J. Proof of service by registered mail {with Explanation for failure to serve
personally)

Copy furnished through registered mail:
Atty. Nitch NcDeere
2 The Firm
Registry Receipt No. ________
Post Office ________________
Date _____________________

EXPLANAT!ON

The foregoing (designation of pleading, motion, etc.) and its attachment were served on Atty.
Nitch NcDeere by registered mail instead of personal service as counsel for petitioner only has one
messenger and personal service would have resulted in the motion not being filed on time to the
detriment of petitioner.

(Sgd.) ATT!CUS F!NCH

City of _______________ ) s.s.

AFF!DAv!T

!, HARPER LEE, a messenger of Atty. Atticus Finch, with office address at __________________,
after being duly sworn, deposes and states:

That on ______________________, ! served a copy of the following pleadingsfpapers by
registered mail in accordance with Section 10, Rule 13 of the Rules of Court:

Nature of PleadingfPaper
________________________
________________________

in Case No. _________________ entitled ____________________ by depositing a copy in the post office
in a sealed envelope, plainly addressed to (name of party or hisfher attorney) at _______________ with
postage fully paid, as evidenced by Registry Receipt No. _____________________ attached and with
instructions to the post master to return the mail to sender after ten (10) days if undelivered.

TO THE TRUTH OF THE FOREGO!NG, ! have signed this Affidavit on 13 April 2007, in the City of
Nanila, Philippines.

(Sgd.) HARPER LEE
Affiant

PLUS: Jurat

K. Place, date, signature, address, Roll number, IBP receipt number, PTR number

City of Nanila, 13 April 2007.

Atty. Nitch NcDeere
2 The Firm, Laguna Street,
Quezon City, Netro Nanila
Roll No.
!BP OR No., date and place of issue
PTR OR No., date and place of issue

Comment: The requirement is for
a written explanation if service is
done by registered mail instead of
by personal service; the
explanation need not be verified,
it being required only that it is
signed. However, in the Supreme
Court, where an Affidavit of
Service is required, it may be
practical to combine the
Explanation and the Affidavit of
Service. Cf. Rule 13, sections 11
and 13.
Comment: As per SC En Banc
Resolution on Bar Matter No.
1132 dated Nov. 12, 2002, all
pleadings must indicate the ff:
1. Roll of Attorneys number of
counsel
2. Current Professional Tax
Receipt number (PTR No.)
3. IBP Official Receipt or Life
Member number
5
L. Acknowledgment

City of Nanila ) s.s.

BEFORE NE, this 13
th
day of April, 2007 in the City of Nanila, Philippines, personally appeared
ATT!CUS F!NCH, with [valid !dentification Document| (Driver's License No. N25-07-007777) issued by the
[official agency| (Land Transportation Office) on 10 January 2007, known to me to be the same person
who executed the foregoing instrument, and who acknowledged to me that the same is his free act and
deed.

!N W!TNESS WHEREOF, ! have set my hand and affixed my Notarial seal on the day, year and
place written.

(Sgd.) N. O. TAR!O
Notary Public
Until __________________
PTR No. _______________
!ssued at ______________
On ___________________

Doc. No.
Page No.
Book No.
Series of 2007

NOTE: !f the instrument consists of 2 or more pages, include the following after the 1
st
paragraph:

This instrument, consisting of ___ pages, including the page on which this acknowledgment is
written, has been signed on the left margin of each and every page thereof by ___________ and his
witnesses (if any), and sealed with my Notarial seal.

NOTE: !f the instrument conveys 2 or more parcels of land, include the following after the 1
st
paragraph:

This instrument relates to the sale (or mortgage) of ___ parcels of land, and consists of ___
pages including the page on which this acknowledgment is written, each and every page of which, on the
left margin, having been signed by ______________ and his witnesses (if any), and sealed with my
Notarial seal.

M. Notice of Appeal

NOT!CE OF APPEAL

Defendant, ABC, by counsel, respectfully appeals to this Honorable Court the Decision of the
lower court dated 13 April 2007, a copy of which he received on 26 April 2007.

Quezon City, 2 Nay 2007.

2 The Firm

Comment: 1976, 1994 and 2004
Bar Exams
Comment: The Notary Publics
seal must be impressed on every
page of the document notarized.
6
II. PLEADINGS AND OTHER LEGAL DOCUMENTS IN CIVIL PROCEDURE
A. Complaint {and other initiatory pleadings)
1. Complaint for ejectment with damages

[1] Regional Trial Court
NETROPOL!TAN TR!AL COURT
Quezon City, Branch 33

AL!S D!-YAN CONPANY,
Plaintiff,
Civil Case No. 2222
- versus - For: Ejectment

YOKO NGA,
Defendant.
x ----------------------------------- x

CONPLA!NT

PLA!NT!FF, by counsel, respectfully states that:

[2] 1. Plaintiff is a foreign corporation organized and existing under the laws of France with
business address at 111 Ocean Drive, Tuna Compound, Quezon City; Defendant is a Filipino, of legal age,
single and currently resident of 112 Ocean Drive, Tuna Compound, Quezon City, where he may be served
with summons and other pertinent processes.

[3] 2. Plaintiff owns that property located at 112 Ocean Drive, Tuna Compound, Quezon City
which it leased to defendant under the terms and conditions stated in the Contract of Lease dated 1
January 2005, which contract expires on 31 December 2006. A copy of the contract is attached as ANNEX
A.

3. Upon expiration of the contract, plaintiff informed defendant of its intention not to renew the
lease as it would use the property for its business expansion; plaintiff then asked defendant to vacate the
premises. A copy of plaintiff's letter to defendant is attached as ANNEX B.

[4] +. Despite demand duly made and received, defendant has refused to vacate the premises
and continues to occupy the property without plaintiff's consent. Resort to the Barangay conciliation
system proved useless as defendant refused to appear before the Lupong Tagapamayapa. A Certification
to File Action is attached as ANNEX C.

5. Defendant's act of dispossession has caused plaintiff to suffer material injury because
plaintiff's business expansion plans could not be implemented despite the arrival of machineries
specifically leased for this purpose at the rental rate of US$500 per month. Defendant's continued
occupation of the premises has also forced plaintiff to sue and to incur legal expenses amounting to Fifty
Thousand Pesos (P50,000.00).

[5] WHEREFORE, plaintiff respectfully prays for judgment in its favor by ordering defendant to
vacate the property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff the
amount of US$3,500 representing rentals on the machineries for seven (7) months and Fifty Thousand
Pesos (P50,000.00) for Attorney's fees.


[6] Quezon City; 13 April 2007.

[7] (Sgd.) ATT!CUS F!NCH
Counsel for Plaintiff
[Address|

PLUS:
1. [S] verification and Certification against Forum Shopping
2. Jurat
Comment: Checklist:
1. Caption and Title
2. Parties/Capacity of Parties
3. Material Allegations of Ultimate
Facts
4. Statement of Cause(s) of Action
5. Prayer/Reliefs
6. Date/Place of Execution
7. Signature of Counsel
8. Verification and Certification
Against Forum Shopping
Comment: 1976, 1982, 1985,
1988, 1993, 1994, 1996, 1997
and 2000 Bar Question
Comment: This particular
allegation may actually be
unnecessary considering the facts
given and that the plaintiff is a
juridical person. It is included in
this complaint simply for
educational purposes as a
representative allegation of this
fact.
Comment: A new requirement
specifically provided under Rule
7, section 2(d).
Comment: Significant amendment
introduced by 1997 Rules on Civil
Procedure; cf. Rule 7, section 3.
7
2. Complaint for sum of money

[1] Republic of the Philippines
Branch 101, Nakati City
ESTA PADORA,
Plaintiff,
Civil Case No. 000882
- versus - For: Sum of Noney

NANGGA GANTSO,
Defendant.
x -------------------------- x

CONPLA!NT


[2] 1. Plaintiff is a Filipino, of legal age, and resident of 6750 Forbes Park, Nakati City;
defendant is also a Filipino, of legal age and resident of 6752, Forbes Park, Nakati City, where he may be
served with summons and other processes.

[3] 2. Sometime in January 2005 and over a period of six (6) months, defendant borrowed
certain amounts from plaintiff. Defendant promised to pay these amounts on an installment basis
monthly. These amounts now total Nine Hundred Thousand Pesos (P900,000.00).

[4] 3. Despite repeated demands, both oral and written, defendant failed or has refused to pay
any amount to plaintiff as no installment payment has even been made. A copy each of plaintiff's two (2)
demand letters is attached as ANNEX A and B.

+. Resort to the Barangay Conciliation process proved fruitless as defendant failed to appear,
despite notice on him to appear. Thus, a Certification to File Action, a copy of which is attached as
ANNEX C, was issued by the Barangay Chairman.

5. Defendant's obligation is due and demandable and plaintiff is entitled to the payment of the
entire amount of Nine Hundred Thousand Pesos (P900,000.00) plus legal interest.

6. By reason of defendant's unreasonable failure or refusal to pay his due and demandable
obligation, plaintiff was forced to engage the services of counsel to vindicate his rights thereby
committing himself to pay legal expenses amounting to Fifty Thousand Pesos (P50,000.00).

[5] WHEREFORE, plaintiff respectfully prays for judgment in his favor through a Decision
directing defendant to pay him N!NE HUNDRED THOUSAND PESOS (P900,000.00), with legal interest, as
ACTUAL DANAGES and F!FTY THOUSAND PESOS (P50,000.00) as Attorney's Fees.


[6] Quezon City for Nakati; 13 April 2007.

[Address|

PLUS: [S] verification and Certification against Forum Shopping
Comment: 1978 Bar Question
Comment: Checklist:
Facts
5. Prayer/Reliefs
Comment: Please note that this
portion is indispensable to the
filing of a Complaint as it is
required that every Complaint
state in the body as well as in the
prayer the amount of damages
sought. This is jurisdictional and
a complaint that fails to comply
with this requirement is fatally
defective.
8
3. Complaint for Replevin

Branch 101, Nakati City

HURTS RENT-A-CAR,
represented by AK!N NAYAN,
Plaintiff,
- versus -

YOKO NGA,
Defendant.
x----------------------------------- x

CONPLA!NT

Plaintiff, by counsel, respectfully states that:

[2] 1. Plaintiff is the general manager of Hurts Rent-A-Car with offices at Nakati City; defendant
is a Tongan, temporarily residing at Bayview Hotel, Roxas Boulevard, Nanila.

[3] 2. Hurts Rent-A-Car is the registered owner of a Honda CRv with license plate number XLv-
675, which defendant, on 3 Narch 2005, rented from plaintiff for a period of one (1) week.

[4] 3. On 15 Narch 2005, plaintiff demanded from defendant the return of the car but
defendant failed and refused to do so.

+. The car has not been taken for a tax assessment or a fine pursuant to law nor has it been
seized on execution or attachment. !ts present value is approximately Nine Hundred Thousand Pesos
(P900,000.00).

5. Plaintiff is ready, willing and able to give bond in defendant's name in double the value of the
property for the return of the property to defendant should that be adjudged or for the payment of such
sum that defendant may recover from plaintiff in this action.

[5] WHEREFORE, plaintiff respectfully prays that the writ of replevin issue directing the Sheriff or
any other authorized officer to take possession of the car and dispose of it in accordance with the Rules
of Court and, after hearing, judgment be rendered declaring plaintiff to be lawfully entitled to the
possession of the car and sentencing defendant to pay its value.

[6] Quezon City for Nakati City; 13 April 2007.

[7] (Sgd.) N!TCH NCDEERE
Counsel for the Plaintiff
[Address|


Comment: Checklist:
Facts
5. Prayer/Reliefs
9
4. Complaint to set period of years for lease

Branch 161, Pasig City
NANG UUPA,
Plaintiff,
- versus -

NAGPA PAUPA,
Defendant.
x ---------------------- x

CONPLA!NT


[2] 1. Plaintiff and Defendant are both Filipino citizens and of legal age; plaintiff resides at 1-A,
Cruz Street, Pasig City while defendant resides at 2 Frisco Street, Pasig City, where he may be served
with summons.

[3] 2. On 1 January 2003, defendant leased to plaintiff the premises at 1-A Cruz Street, Pasig
City for a monthly rental of One Thousand Pesos (P1,000.00) to be paid within the first five (5) days of
each month.

3. There is no fixed period for the lease agreement except that rentals are to be paid by the
month.

[4] +. Plaintiff has been paying the rentals as they fall due each month, without fail. However,
on + April 2006, defendant gave notice to plaintiff that he is terminating the lease agreement by the end
of August 2006.

5. Considering that the period of lease has not been fixed, this Honorable Court may fix a longer
period of time as the lessee has been occupying the place for a period of three (3) years. A period of two
(2) years is reasonable considering that the lessee has no place to transfer to immediately and that he
has introduced substantial improvements to the premises amounting to Fifty Thousand Pesos
(P50,000.00).

[5] WHEREFORE, it is respectfully prayed that this Honorable Court fix a period of years for the
lease between plaintiff and defendant.

[6] Quezon City for Pasig City; 13 April 2007.

[Address|


Comment: Checklist:
Facts
5. Prayer/Reliefs
10
B. Answer with affirmative defense and counterclaim
1. Answer with compulsory counterclaim

[1] Regional Trial Court
Branch 33, Quezon City

AL!S D!-YAN CONPANY,
Plaintiff,
Civil Case No. 2222
- versus - For : Ejectment

YOKO NGA,
Defendant.
x ----------------------------------- x

ANSWER
(With COUNTERCLA!N)

DEFENDANT, by counsel, respectfully states that:

AdmissionsfDenials

[2] 1. He admits the contents of paragraph 1 only insofar as his personal circumstances but
specifically denies the contents insofar as plaintiff's personal circumstances for the reason stated in the
Affirmative Defenses below.

2. He admits the contents of paragraph 2 only where it states that a Contract of Lease was
entered into but specifically denies that the Contract reflects the true intent of the parties as explained in
the Affirmative Defenses below.

3. He admits the contents of paragraph 3 only as to the fact that demand to vacate was made
but specifically denies its contents as to the truth of the reasons for the letter for lack of knowledge
sufficient to form a reasonable belief as to its truth or falseness..

+. He specifically denies the contents of paragraphs + to 6 for the reasons stated in the
Affirmative Defenses below.

Affirmative Defenses

[4] 5. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as
they are material and additionally submit that the Complaint should be dismissed because:

5.1. Plaintiff has no capacity to sue as it is a foreign corporation doing business
in the Philippines without a license.

5.2. The Complaint fails to state a cause of action as the Contract of Lease
(ANNEX A) was, before its expiration, superceded by a Deed of Absolute Sale whereby
plaintiff sold to defendant the parcel of land in question, a copy of which is attached as
ANNEX 1.

Counterclaim

[5] 6. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as
they are material and additionally submit that he is entitled to relief arising from the filing of this
malicious and baseless suit, as follows:

6.1. Noral Damages amounting to One Nillion Pesos (PHP1,000,000f00)
because his name and reputation were besmirched by this malicious and baseless suit.

6.2. Attorney's Fees amounting to One Hundred Thousand Pesos (P100,000.00)
because he was compelled to secure services of counsel to vindicate his legal rights.

[6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by
dismissing the Complaint and granting defendant's counterclaim by awarding defendant: (a) One Nillion
Pesos as Noral Damages, and (b) Fifty Thousand as Attorney's Fees.

Other just and equitable reliefs are prayed for.

Comment: Checklist:
1. Caption
2. Denials/Admission
3. Statement of Affirmative
Allegations
4. Statement of
Affirmative/Negative Defenses
5. Counterclaim
6. Prayer/Relief
9. Verification
10. Certification against Forum
Shopping
11. Proof of Service
Exams
11
[7] Quezon City; 13 April 2007.

[S] (Sgd.) N!TCH NCDEERE
[Address|

[9 & 10] vER!F!CAT!ON 8 CERT!F!CAT!ON AGA!NST FORUN SHOPP!NG

!, YOKO NGA, of legal age, do hereby state that: ! am the defendant in the case filed by Alis Di-
yan Company for ejectment; in response, ! have caused the preparation of this Answer with
Counterclaim; ! have read its contents and affirm that they are true and correct to the best of my own
personal knowledge; I specifically deny the genuineness and due execution as well as the
binding effect of the actionable documents pleaded by plaintiiff; ! hereby certify that there is no
other case commenced or pending before any court involving the same parties and the same issue and
that, should ! learn of such a case, ! shall notify the court within five (5) days from my notice.

!N W!TNESS WHEREOF, ! have signed this instrument on 13 April 2007.

(Sgd.) YOKO NGA

PLUS:
1. Jurat (!F any document is denied)
2. [11] Proof of Service (personal service or service by registered mail)
Comment: Rule 7, section 5
requires that any initiatory
pleading, among which is a
counterclaim, must be
accompanied by a Certification
against Forum Shopping. Also
please note that an Answer need
not be verified BUT if there is a
specific denial of an actionable
document, such as that
contained here, then the
Answer must be verified. See
again Rule 8, secs. 7 (definition of
actionable document), 8 (how to
contest such documents), 10
(requirements of a specific denial),
11 (effects of failure to specifically
deny).
Comment: Representative specific
denial under oath, as required by
the Rules, in relation to any
actionable document.
12
2. Answer with counterclaim and cross-claim

See Form No. B-1, supra, but add--

[5] Crossclaim

7. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they
are material and additionally submit that he is entitled to indemnity andfor contribution from co-
defendant NANGGA GANTSO in the event that he is made liable to plaintiff because co-defendant
NANGGA GANTSO acted as the duly authorized agent of plaintiff in the sale of the property and, acting as
such, received consideration, in the form of the purchase price, from defendant.

[6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by
1. dismissing the Complaint, and
2. granting defendant's counterclaim by awarding defendant
a. One Nillion Pesos (Php.1,000,000) as Noral Damages, and
b. Fifty Thousand Pesos (Php.50,000) as Attorney's Fees.
3. !n the event that defendant is made liable to plaintiff on the Complaint, he further prays that
co-defendant NANGGA GANTSO be made liable to indemnify defendant in the same amount
under the Crossclaim.

[7] Quezon City; __________________.

[S] (Sgd.) N!TCH NCDEERE
[Address|

PLUS:
1. [9 & 10] verification and Certification against Forum Shopping
2. Jurat (!F document is denied)
3. [11] Proof of Service (personal service or service by registered mail)
Comment: Checklist:
1. Caption
2. Denials/Admission
3. Statement of Affirmative
Allegations
4. Statement of
Affirmative/Negative Defenses
5. Cross-claim
6. Prayer/Relief
9. Verification
10. Certification against Forum
Shopping
11. Proof of Service
13
C. Pre-trial Brief

LAK!SA LAYAW,
Plaintiff,
Civil Case No. 97-31312
- versus -

LAK!SA H!RAP,
Defendant.
x ------------------------------------- x

PRE-TR!AL BR!EF

DEFENDANT, by counsel, respectfully submits her Pre-Trial Brief, as follows:

!. W!LL!NGNESS TO ENTER !NTO AN AN!CABLE SETTLENENT
AND POSS!BLE TERNS OF ANY SUCH SETTLENENT

1.1. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of
openness from plaintiff, defendant is open to the possibility of amicably settling this dispute.

[1 & 2] 1.2. Pursuant to Rule 1S of the 1997 Rules of Civil Procedure, defendant
respectfully submits that the desired terms of any amicable settlement would involve, first, a clarification
of the actual extent of any obligation due and owing to plaintiff inasmuch as there is nothing to indicate
defendant's obligations to plaintiff and, second, a schedule of payments.

!!. BR!EF STATENENT OF CLA!NS AND DEFENSES

2.1. Plaintiff seeks principally to recover the amount of Twenty Two Nillion Eight Hundred
Eighteen Thousand Nine Hundred Forty Eight Pesos and Thirty Centavos (PHP22,818,9+8.30) with
interest at twelve percent (12) arising allegedly from unpaid orders delivered to defendant variously in
1989.

2.2. Defendant resists plaintiff's claims based on a failure to state a cause of action because of :

2.2.1. Plaintiff's lack of personality to sue and, therefore, not being the real
party in interest under Rule 3, section 2 of the 1997 Rules of Civil Procedure;

2.2.2. Extinguishment of the alleged claim made by the entity Regency
Furniture.

2.3. Defendant also interposed a compulsory counterclaim for Two Nillion Pesos
(PHP2,000,000.00) for moral damages and Two Nillion Pesos (PHP2,000,000.00) for exemplary damages
and One Hundred Thousand Pesos (PHP100,000.00) as attorney's fees.

!!!. FACTS AND OTHER NATTERS ADN!TTED BY THE PART!ES

[3] 3.1. Defendant admits only those facts stated in her Answer, i.e., her personal
circumstances, receipt of the demand letter dated January 5, 1997 and her reply to the demand letter.

3.2. Subject to a concrete proposal for stipulation of additional facts from plaintiff during pre-
trial or even thereafter, defendant admits no other facts stated in the Complaint.

!v. !SSUES TO BE TR!ED

[4] +.1. Defendant submits that the following issues put forward by plaintiff are subject to
proof:

+.1.1. Plaintiff's personality to seek legal relief;
+.1.2. Plaintiff's entitlement to the amount claimed;

+.2. Defendant submits that the following issues she put forward are subject to proof:

+.2.1. Plaintiff's bad faith in filing this suit;
Comment: Rule 18, section 6.
Checklist:
1. Proposed terms for amicable
settlement
2. Alternative modes of dispute
resolution
3. Summary of admitted facts
4. Proposed stipulation of facts
and issues
5. Documents to be presented
6. Names of witnesses and
substance of their testimony
7. Resort to discovery
8. Available trial dates
Comment: NOTE: There is no
need to attach a Notice of Hearing
for a Pre-Trial Brief. Also, pre-trial
is now mandatory in criminal
cases under Rule 118, 2000
Rules on Criminal Procedure as
well as under RA 8493 (The
Speedy Trial Act), although
neither the law nor the Rules
require the submission of a Pre-
Trial Brief in criminal cases (in
practice, courts also do not
require the submission of a pre-
trial brief in criminal cases).
Consequently, the requirement of
a pre-trial brief and the
consequences for failure to
submit one (e.g., non-suit or
dismissal) appear to pertain
exclusively to civil cases.
Comment: This is a new
requirement imposed by the 1997
Rules on Civil Procedure.
1+
+.2.2. Defendant's entitlement to the claims made in her Compulsory
Counterclaim as a result of plaintiff's bad faith;

v. Ev!DENCE

[6] 5.1. Defendant intends to present the following witnesses:

5.1.1. Defendant herself, who will testify on the true circumstances leading to
the filing of this suit against her;

5.1.2. An employee of Topless Enterprises with personal knowledge as to the
true circumstances behind the alleged obligations due and owing in favor of plaintiff.

[5] 5.2. Defendant reserves the right to present any and all documentary evidence which shall
become relevant to rebut plaintiff's claims in the course of trial as well as any other witnesses whose
testimony will become relevant to belie plaintiff's witnesses, if necessary.

v!. RESORT TO D!SCOvERY

[7] 6.1. Considering the relatively simple issues presented, defendant does not intend to avail of
discovery at this time.

6.2. Subject, however, to a concrete and reasonable request for discovery from plaintiff,
defendant reserves the right to resort to discovery before trial.

RESPECTFULLY SUBN!TTED.

Quezon City; 13 April 2007.

[Address|

Copy furnished:

Atty. NA BOLA
15
D. Motions
1. Motion to dismiss {with request for and notice of hearing)


LAK! ASSET CONPANY,
Plaintiff,
Civil Case No. 3333

DAN! UTANG CORPORAT!ON,
Defendant.
x --------------------------------------- x

NOT!ON TO D!SN!SS

DEFENDANT, by counsel, respectfully moves to dismiss the Complaint on the ground that the
Complaint fails to state a cause of action as [1] THE OBL!GAT!ON SOUGHT TO BE ENFORCED BY
PLA!NT!FF !S NOT YET DUE AND DENANDABLE, as shown by the following:

[2] 1. Allegedly, plaintiff has failed to reach the quotas agreed upon under the Narketing
Agreement dated 1 January 2006; defendant now seeks to collect the sum of TWO HUNDRED
THOUSAND PESOS (P200,000.00), representing the balance of the proceeds due plaintiff under the said
Narketing Agreement.

2. The contract is for one (1) year and defendant is given that same period to reach the quota
specified therein; the period of one (1) year has not expired. Consequently, plaintiff's claim is premature
as there is yet no breach of the Narketing Agreement until the period expires and the quota is not
attained. For this reason, plaintiff's Complaint states no cause of action and must be dismissed.

[3] WHEREFORE, defendant respectfully prays that the Complaint be D!SN!SSED for failure to
state a cause of action.



[Address|

[4] REQUEST FOR 8 NOT!CE OF HEAR!NG

Netropolitan Trial Court

Please submit the foregoing Notion to the Court for its consideration and approval immediately
upon receipt hereof and kindly include the same in the court's calendar for hearing on Friday, 27 April
2007 at 8:30 in the morning.

ATT!CUS F!NCH
1 NockingBird Street
Timog Avenue, Quezon City

Please take notice that counsel has requested to be heard on Friday, 27 April 2007 at 8:30 in the
morning.

2 The Firm

PLUS: [5] Proof of Service
Comment: Cf. Rule 15, 1997
Rules on Civil Procedure
Checklist:
1. Ground(s)
2. Argument(s)
3. Prayer/Relief
4. Notice of Hearing
5. Proof of Service
6. Attachments (if any)
7. Verification (in certain cases)
Question
Comment: Rule 15, section 5; Cf.
Rule 15, section 4 (on period of
service)
Comment: Rule 15, section 6 in
relation to Rule 13, section 13
16
2. Motion for leave of court to file pleading {with explanation for service by
registered mail)

SUPRENE COURT
Nanila
LAK! UTANG,
Petitioner,
G.R. No. ________
- versus -

DAN! LUPA,
Respondent.
x ------------------------- x

NOT!ON FOR LEAvE
OF COURT TO F!LE REPLY W!TH
NOT!ON TO ADN!T ATTACHED REPLY

PET!T!ONER, by counsel, respectfully states that:

[1] 1. Petitioner received a copy of respondent's Comment to his petition on 3 January 2006.
The Comment contains several allegations of fact and misinterpretations of the record that may mislead
the court and need to be corrected. For this reason, petitioner intends to file a Reply.

[2] 2. Under existing rules, a Reply can no longer be filed as a matter of course. Consequently,
petitioner seeks leave of this Court to file the said Reply, a copy of which, pursuant to the 1997 Rules on
Civil Procedure, is attached to this motion.

[3] WHEREFORE, petitioner respectfully prays that he be granted leave of court to file a Reply
and for the Court to admit the attached Reply.

Quezon City for Nanila; 5 January 2007.

Counsel for the Petitioner
[Address|

PLUS:
1. [4] Request for and Notice of Hearing
2. [5] Explanation for service by registered mail
Comment: Cf. Rule 13, section 13
Checklist:
1. Ground(s)
2. Argument(s)
3. Prayer/Relief
5. Proof of Service
Comment: In motions filed before
the Supreme Court and the Court
of Appeals, a Notice of Hearing is
not required.
Comment: Under Rule 15, section
9, 1997 Rules on Civil Procedure,
a motion for leave to file a
pleading or motion shall be
accompanied by the pleading or
motion sought to be admitted.
Comment: The requirement is for
a written explanation if service is
done by registered mail instead of
by personal service; the
explanation need not be verified,
it being required only that it is
signed. However, in the Supreme
Court, where an Affidavit of
Service is required, it may be
practical to combine the
Explanation and the Affidavit of
Service. Cf. Rule 13, sections 11
and 13.
17
3. Motion for judgment on the pleadings


LAK!SA LAYAW,
Plaintiff,

LAK!SA H!RAP,
Defendant.
x ------------------------- x

NOT!ON FOR JUDGNENT ON THE PLEAD!NGS

Plaintiiff, by counsel, respectfully states that:

1. On 6 July 2005, plaintiff sued defendant for a sum of money in the amount of Nine Hundred
Thousand Pesos (P900,000.00).

[1 & 2] 2. !n his Answer, defendant admitted the obligation and merely stated that he was
asking to be given an extension of time to pay his obligation but that plaintiff instead filed this Complaint.
The Answer admits the material allegations of the Complaint and has not tendered any issue;
consequently, a judgment on the pleadings may be rendered.

[3] WHEREFORE, plaintiff respectfully prays a judgment on the pleadings be rendered in his
favor.


[Address|

PLUS:
2. [5] Proof of Service
Comment: Checklist:
1. Ground(s)
2. Argument(s)
3. Prayer/Relief
5. Proof of Service
Comment: NOTE: This is a
litigious motion, i.e., it must be
set for hearing. Thus, a specific
hearing date must be requested
and notice thereof given to
adverse party through counsel.
18
4. Ex parte motion to set for pre-trial


LAK!SA LAYAW,
Plaintiff,
- versus -

LAK!SA H!RAP,
Defendant.
x ------------------------- x

EX PARTE NOT!ON TO SET CASE FOR PRE-TR!AL


[1] 1. On 1 June 2006, defendant submitted her Answer to the Complaint, thereby causing the
issues to be joined.

[2] 2. This case is, thus, ripe for pre-trial. Complying with Rule 18, Section 1 of the 1997 Rules
on Civil Procedure, plaintiff respectfully asks that this case be set for pre-trial.

[3] WHEREFORE, plaintiff respectfully prays that this case be set for pre-trial on a date
convenient to this Honorable Court.


[Address|

[4] REQUEST AND NOT!CE

Regional Trial Court

Please submit the foregoing to the Court for its approval immediately upon receipt hereof.

Copy furnished:

N!TCH NCDEERE, ESQ.
2 The Firm

Please take notice that counsel has requested for the approval of the foregoing motion


PLUS: [5] Proof of Service
Comment: Under Rule 18, section
1 of the 1997 Rules on Civil
Procedure, it is now mandatory on
the part of the plaintiff to move ex
parte for setting of pre-trial. Note
that the motion is expressly
denominated as ex parte, i.e., no
need for hearing.
Comment: Checklist:
1. Ground(s)
2. Argument(s)
3. Prayer/Relief
5. Proof of Service
Comment: Note the difference
between this Request and Notice
and that contained in Form II-D1;
this does not contain a date of
hearing because under Rule 15,
section 4, it is a motion which the
Court may act upon without
prejudicing the rights of the
adverse party and moreover
because Rule 18, section 1
expressly defines this to be an ex
parte motion.
19
5. Motion for postponement


D!LA TORY,
Plaintiff,
- versus -

PASEN SYOSO,
Defendant.
x ------------------------- x

NOT!ON FOR POSTPONENENT


1. This case is set for trial on 5 Nay 2007 at 8:30 in the morning.

[1] 2. On said date and time, the undersigned counsel will be unable to appear before this
Honorable Court as he has also been directed to appear on this date and time before the Regional Trial
Court of Nakati City, Branch 139 for People of the Philippines v. Bil Noko", Criminal Case No. 009988,
where he is scheduled to terminate cross-examination of the prosecution's expert witness who will be
available only on said date and time.

[2] 3. Without impugning the importance of these proceedings, plaintiff respectfully submits
that his attendance in the Nakati case becomes indispensable; otherwise, the accused in said case would
be deprived of the opportunity to confront and cross-examine a vital witness against her.

+. This motion is prompted only by the foregoing reason and not for delay.

[3] WHEREFORE, plaintiff respectfully prays that the trial scheduled on 5 Nay 2007 be
POSTPONED to another date convenient to this Honorable Court.


[Address|

PLUS:

Comment: Checklist:
1. Ground(s)
2. Argument(s)
3. Prayer/Relief
5. Proof of Service
Comment: In some instances, this
motion is considered a non-
litigious motion; thus, the request
and notice need not specify a date
of hearing and simply state that it
is being submitted for approval
Although, the better practice
would be to file such a motion
early so as to be able to set it for
hearing and approval by the
court.
20
6. Motion for extension of time


D!LA TORY,
Plaintiff,
- versus -

PASEN SYOSO,
Defendant.
x ------------------------------------ x

NOT!ON FOR EXTENS!ON OF T!NE


1. He has been directed to file a Reply to defendant's Answer by 10 Nay 2007.

[1 & 2] 2. The undersigned counsel, however, anticipates his inability to file the Reply on or
before the said due date because of the tremendous pressure of other equally urgent professional work
requiring the preparation of pleadings and almost daily trial appearances before the various courts within
and outside Netro Nanila. For this reason, the undersigned is constrained to ask for an additional fifteen
(15) days from 10 Nay 2007, or until 25 Nay 2007, within which to submit plaintiff's Reply.

3. This motion is not intended for delay but is motivated only by the foregoing reason.

[3] WHEREFORE, plaintiff respectfully prays that he be granted an additional fifteen (15) days
from 10 Nay 2007, or until 25 Nay 2007, within which to submit plaintiff's Reply.


[Address|

PLUS:

Comment: Checklist:
1. Ground(s)
2. Argument(s)
3. Prayer/Relief
5. Proof of Service
Comment: It is always preferable
to not only state the number of
additional days sought, but also
the new deadline, so that it can be
used as a personal reminder of
the new deadline.
21
7. Motion to declare defendant in default


ANAK!N SKYWALKER,
Plaintiff,
- versus -

PADNE AN!DALA,
Defendant.
x ---------------------------------- x

NOT!ON TO DECLARE DEFENDANT !N DEFAULT


1. Plaintiff filed this Complaint against defendant on 1 Narch 2007; summons were served on
defendant on 20 Narch 2007, as indicated by the Sheriff's Return of even date, a copy of which is
attached as ANNEX A.

[1 & 2] 2. Defendant's reglementary period to file Answer ended on 5 April 2007; no motion for
extension of such period was filed nor was any granted motu proprio by this Honorable Court. Despite
the lapse of time, defendant has failed to answer the Complaint against her; plaintiff is entitled to a
declaration of default and the right to present evidence ex parte against defendant.

[3] WHEREFORE, plaintiff respectfully prays that defendant be declared in default and that
plaintiff be allowed to present evidence ex parte before the Clerk of Court acting as Commissioner.


(Sgd.) DARTH S!D!OUS
[Address|

PLUS:

Comment: Checklist:
1. Ground(s)
2. Argument(s)
3. Prayer/Relief
5. Proof of Service
Comment: NOTE: The defendant
is entitled to be notified of this
motion and the order declaring
him/her in default; thereafter,
defendant loses the right to
receive any other notices except
for judgment in default.
22
S. Motion to lift order of default


ANAK!N SKYWALKER,
Plaintiff,
- versus -

PADNE AN!DALA,
Defendant.
x ---------------------------------- x

NOT!ON TO L!FT ORDER OF DEFAULT

DEFENDANT, by counsel, respectfully states that:

1. Five (5) days after service of summons and receipt of Complaint, she filed a Notion to Dismiss
on the ground that plaintiff's claim is outside the jurisdictional amount of this Honorable Court under the
new Expanded Jurisdiction Act and that the Complaint should properly be filed and tried before the
Netropolitan Trial Court. The Notion to Dismiss, which was received by plaintiff's counsel on 25 Narch
2007, was set for hearing on 10 April 2007, as indicated on the Request for and Notice of Hearing".

2. Without waiting for the hearing on the Notion to Dismiss, this Honorable Court declared
defendant in default on 7 April 2007 based solely on plaintiff's Notion, filed two (2) days after the
supposed lapse of the reglementary period, which, however, was tolled by the filing of a Notion to
Dismiss.

[1 & 2] 3. Under the circumstances, the order of default is premature and without legal and
factual basis as: (a) defendant has not failed to file an Answer within the reglementary period, (b) the
reglementary period has not lapsed because of the filing of the Notion to Dismiss within the period, and
(c) the pendency of the Notion to Dismiss is prejudicial to the issue of defendant's default. Consequently,
the order of default should be lifted.

[3] WHEREFORE, defendant respectfully prays that the Order of Default against her be L!FTED
and that this Honorable Court resolve her Notion to Dismiss.


(Sgd.) OB! WAN KENOB!
[Address|

PLUS:

Comment: Checklist:
1. Ground(s)
2. Argument(s)
3. Prayer/Relief
5. Proof of Service
Comment: While it is not
required, it may, depending on
the type of motion, be advisable to
give a short summary of the
material antecedents so that the
arguments and the basis for relief
is clear and placed in context.
23
E. Special Civil Actions
1. Certiorari {with Injunction andJor TRO), Prohibition and Mandamus
a. Certiorari

(Caption and Title)

PET!T!ON


[2] 1. (State capacity of petitioner and respondentfs, citizenship, status and residence.)

2. (State the date on which copy of Decision was received andfor Resolution on Notion for
Reconsideration, if filed, denied.)

[3] 3. (State briefly the facts and circumstances under which the respondentfs exercising
judicial functions acted without, or in excess of, jurisdiction or with grave abuse of discretion amounting
to lack or excess of jurisdiction.)

+. (State entitlement to !njunction andfor TRO, i.e., [a| petitioner has a clear, legal right, [b|
which is threatened by an act or omission of respondents, [c| and that, unless restrained, will cause
grave and irreparable injury to petitioner. Allege also that petitioner is ready to post a bond in an amount
to be fixed by the Court conditioned upon the payment to respondents of any damages suffered arising
from the writ should petitioner be found not to be entitled to the writ.)

5. There is no appeal from such decision or any plain or adequate speedy remedy in the ordinary
course of law, except this petition.

6. A certified true copy (or duplicate original copy) of the Decision under review is attached as
ANNEX A.

[4] WHEREFORE, it is respectfully prayed that a writ of certiorari be issued ANNULL!NG the (act,
decision or finding) for being in grave abuse of discretion; in the interim, that a preliminary injunction
andfor temporary restraining order issue to ENJO!N any further proceedings by respondents.

Quezon City; [1] 7 July 2007.

[Address|

PLUS: [5] Combined verification, Certification against Forum Shopping, and Statement of Naterial Dates

* Rule 65, section 6, par. 2 expressly makes Rule 56, section 2 applicable to petitions for certiorari,
mandamus and prohibition. Rule 56, section 2 provides that Rules +6, +8, +9, 51, 52 and 56 apply. Rule
+6, section 3 provides that the petition must be accompanied not only by a certified true copy of
the judgment or order questioned but also by "such material portions of the record as are
referred to therein, and other documents, relevant or pertinent thereto."
Comment: Rule 65, 1997 Rules
on Civil Procedure
Checklist:
1. 60 days from notice of
judgment or final order (cf. Rule
65, sec. 4)
2. Names of petitioner and
respondent
3. Grounds relied upon
4. Prayer/Relief
5. Combined Verification,
Certification against Forum
Shopping, and Statement of
Material Dates
6. Attachments
a. Certified true copies of the
judgment/order subject of
petition
b. All material portions of the
record as would support the
petition*
Comment: To the standard
Verification and Certification
Against Forum Shopping, ADD
the date when the Decision or
Judgment was received pursuant
to the requirements under the
Rules of Court. (See Form I-G)
2+
b. Prohibition

(Caption and Title)

PET!T!ON


[2] 1. (State capacity of petitioner and respondentfs, citizenship, status and residence.)

2. (!f applicable, state the date on which copy of Decision was received andfor Resolution on
Notion for Reconsideration, if filed, denied.)

[3] 3. (State briefly the facts and circumstances under which the respondentfs whether
exercising judicial or ministerial functions acted without, or in excess of, jurisdiction or with grave abuse
of discretion amounting to lack or excess of jurisdiction.)

+. (State entitlement to !njunction andfor TRO, i.e., [a| petitioner has a clear, legal right, [b|
which is threatened by an act or omission of respondents, [c| and that, unless restrained, will cause
grave and irreparable injury to petitioner. Allege also that petitioner is ready to post a bond in an
amount to be fixed by the Court conditioned upon the payment to respondents of any damages suffered
arising from the writ should petitioner be found not to be entitled to the writ.)

5. There is no appeal from such decision or any plain or adequate speedy remedy in the ordinary
course of law, except this petition.

6. A certified true copy (or duplicate original copy) of the Decision under review is attached as
ANNEX A.

[4] WHEREFORE, it is respectfully prayed that an injunction or TRO be issued directing
respondentfs to desist and refrain from further proceedings in the premises, and that after due notice
and hearing, a writ of prohibition issue directing respondentfs to desist absolute and perpetually from
further proceedings (in the said action or matter).


[Address|


Comment: Checklist:
65, sec. 4)
respondent
4. Prayer/Relief
Material Dates
6. Attachments
petition
petition*
Comment: To the standard
Verification and Certification
Against Forum Shopping, ADD
the date when the Decision or
Judgment was received pursuant
to the requirements under the
Rules of Court. (See Form I-G)
25
c. Mandamus

(Caption and title)

PET!T!ON


[2] 1. (State the capacity of petitioner and respondentfs and their addresses.)

[3] 2. (State the facts and circumstances whereby respondentfs unlawfully neglected the
performance of an act which the law specifically enjoins as a duty resulting from an office, trust or
station, or unlawfully excluded the petitioner from the enjoyment of a right or office to which the
petitioner is entitled.)

3. Petitioner has no appeal from such decision or any plain or adequate speedy remedy in the
ordinary course of law, except this petition.

[4] WHEREFORE, it is respectfully prayed that, after due notice and hearing, a writ of mandamus
issue commanding respondentfs forthwith to: (state the act required to be done), with costs against
them.


[Address|

Comment: Checklist:
65, sec. 4)
respondent
4. Prayer/Relief
Material Dates
6. Attachments
petition
petition*
26
2. Quo warranto, Interpleader, Quieting of Title, and Declaratory Relief
a. Complaint in Interpleader

NAL! L!TO,
Plaintiff,
SCA No. ____________
- versus -

UNA AGAW and !NA AGAWAN,
Defendants.
x --------------------------------------- x

CONPLA!NT


[1] 1. Plaintiff and defendants are all of legal age; plaintiff resides at ________________ while
defendants reside at _______________ and _______________, respectively, where they may be served
with pertinent notices.

[2] 2. On 1 June 2007, plaintiff found a Gold Rolex Oyster watch, without knowing who its true
owner is. The watch is now in plaintiff's possession. On or about 5 June 1999, defendants made similar
representations to plaintiff as to ownership of the watch.

3. Plaintiff, who claims no interest in the watch, cannot determine the conflicting claims of
defendants and thus seeks to compel defendants to interplead and litigate their several claims between
themselves.

[3] WHEREFORE, it is respectfully prayed that this Honorable Court issue an order directing
defendants to interplead with one another to determine their respective rights and claims and to allow
plaintiff to recover his expenses for safekeeping and the costs of this suit, as first lien upon the subject
matter of this action.

[4] Quezon City; 7 July 2007.

[Address|

PLUS: [6] verification and Certification against Forum Shopping

Comment: Rule 62
Checklist:
1. Parties - Petitioner, who must
claim no interest or has an
interest not disputed by
claimants; and claimants over the
same subject matter
Facts - facts showing conflicting
claims made on the same subject
matter over which petitioner
claims no interest or an interest
that is not disputed by claimants
3. Prayer/Relief
against Forum Shopping
Comment: It is important to
allege this because otherwise
plaintiff would be required to pay
the docket fees involved in filing
the Complaint in Interpleader
which would be determined by the
value of the property. In this way,
plaintiff will not be unduly
prejudiced by the costs of the
suit.
27
b. Action to Quiet {or Remove Cloud on) Title

!N RE: QU!ET!NG OF T!TLE OvER THE
PROPERTY COvERED BY TCT NO. 123+5
SCA No. 1357
NAL! L!TO, as Special Administrator of the
Estate of the deceased DAN! LUPA,
Petitioner,

UNA AGAW,
Respondent.
x ------------------------------------------------ x

PET!T!ON


[1] 1. He is the special administrator of the estate of the deceased DAN! LUPA.

[2] 2. The deceased, during his lifetime, executed a Deed of Sale of real estate in favor of the
respondent dated _____________, and particularly described, as follows:

(Describe property)

covered by TCT No. 123+5 in the Register of Deeds of Nakati. The same is annotated on the title as the
only encumbrance thereon.

3. The sale is fictitious and the Deed of Sale is forged, as shown by a judgment in Civil Case No.
2+68, a copy of which is attached.

+. The existence of the alleged Deed of Sale is prejudicial and injurious to the title of the lawful
heirs of the deceased upon the said property. Equity demands that the said Deed of Sale be surrendered
and cancelled, as it is a cloud upon the title of the deceased and his lawful heirs.

[3] WHEREFORE, petitioner respectfully prays that this Honorable Court render judgment in the
Estate's favor by ordering the Deed of Sale surrendered and cancelled and the cloud on Title No. 123+5
removed.


Counsel for Petitioner
[Address|


Comment: Rule 63, sec. 1, par. 2
Checklist:
1. Parties - Any person interested
under a deed, will, contract or
other writing, before breach
thereof, and who stands to suffer
injury by operation of the said
deed, will, contract or other
writing
Facts - facts showing interest
other written instrument and
injury arising from operation of
said deed, will, contract or other
writing and facts showing that no
violation or breach has occurred;
may also show facts showing need
to reform instrument, quiet title
(arising from conflicting claims or
cloud thereon) or to consolidate
ownership (as when property
under pacto de retro not
redeemed)
3. Prayer/Relief
+. Date/Place of Execution
28
c. Action for Declaratory Relief

!NA AP!,
Plaintiff,

- versus - Civil Case No. 2+68

THE C!TY COUNC!L
OF QUEZON C!TY,
Defendant.
x --------------------------- x

CONPLA!NT


[1] 1. Plaintiff is a Filipino citizen of legal age and resident of Quezon City; defendant is the City
Council of Quezon City, the duly-constituted legislative body for Quezon City, its members may be served
with notices at Quezon City Hall.

[2] 2. On 1 August 1999, defendant City Council passed Ordinance No. 23+5 making it unlawful
to operate cellular phone units while inside a moving vehicle and penalizing any violations with a fine of
P1,000.00 for each offense in addition to impounding of the cellular phone unit. The relevant portions of
the Ordinance are, as follows:

(Quote the relevant portions)

3. The above-quoted portion is ambiguous because it leaves unfettered discretion to the
authorities to stop even urgent and important calls which may be made only while the person is in
transit. !t fails to consider that, due to the worsening traffic conditions in Netro Nanila, majority of
business is conducted in transit and over cellular phones. Plaintiff is a lawyer who frequently has to
dictate important pleadings over the phone while in transit due to the worsening traffic condition. The
Ordinance appears to bar his doing so but plaintiff is unaware of the limits of permissible action under the
Ordinance.

+. Unless declaratory relief is granted, plaintiff will suffer grave and irreparable injury because he
is unsure of the instances when he may lawfully use his cellular phone while in a moving vehicle and
when such use may lead to confiscation and a fine.

[3] WHEREFORE, plaintiff respectfully prays that this Honorable Court grant declaratory relief
and declare plaintiff's rights and duties under the Ordinance.


[Address|


Comment: Rule 63, sec. 1, par. 1
Checklist:
1. Parties - Any person interested
other writing, before breach
thereof, and who stands to suffer
injury by operation of the said
deed, will, contract or other
writing
Facts - facts showing interest
other written instrument and
injury arising from operation of
said deed, will, contract or other
writing and facts showing that no
violation or breach has occurred;
may also show facts showing need
to reform instrument, quiet title
(arising from conflicting claims or
cloud thereon) or to consolidate
ownership (as when property
under pacto de retro not
redeemed)
3. Prayer/Relief
29
d. Quo Warranto

(Caption and title)

CONPLA!NT


[1] 1. (State the capacity and address of both plaintiff and defendant.)

[2] 2. (State fully and clearly the facts and circumstances showing that defendant is unlawfully
occupying a public office and that plaintiff is entitled to hold the same office.)

3. (State that plaintiff has demanded that defendant vacate said office and deliver it to plaintiff
but that defendant has unlawfully refused to do so.)

[3] WHEREFORE, plaintiff respectfully prays that a writ of quo warranto issue ousting and
excluding defendant from occupying the office of ____________ and declare that plaintiff is entitled to
the said office and that he be placed forthwith in possession thereof.


[Address|


Comment: Rule 66
Checklist
1. Parties -
a. Solicitor General, when
directed by President or motu
propio;
b. Person claiming to be
entitled to public office or position
usurped or unlawfully held or
exercised by another against the
alleged usurping public officer;
Facts - facts showing usurpation
of office and facts showing
entitlement of petitioner to the
office
3. Prayer/Relief
30
III. PLEADINGS AND OTHER LEGAL FORMS IN CRIMINAL PROCEDURE
A. Complaint-Affidavit and Counter-Affidavit
1. Complaint-Affidavit

City of Nakati ) s.s.

COMPLAINT-AFFIDAVIT

[1] !, MA SELAN, of legal age, Filipino, with assistance of counsel, and [2] resident of + Privet
Drive, Triple X village, Nakati, do hereby state under oath that:

1. ! am a member of the Triple X village Homeowner's Association (Association") and was
formerly a Director and Corporate Secretary of the Association.

[3] 2. ! accuse and hereby charge MR. MA INGAY, residing at 5 Privet Drive, Triple X village,
Nakati, of violating Article 358 of the Revised Penal Code (Slander and Oral Defamation), committed
against me when he publicly, maliciously and deliberately uttered defamatory remarks against me during
the Board Neeting of the Association on 27 January 2007. This is attested to by the following exchange
that transpired between Nr. !ngay and the other members of the Board in attendance:

(Quote Exchange)

Attached as ANNEX A is a copy of the official transcript of the meeting.

3. Prior resort to the Barangay conciliation system proved fruitless as Nr. !ngay did not retract
his remarks. Consequently, a Certification to File Action" was issued by the Barangay Chairperson, a
copy of which is attached as ANNEX B.

+. There is no other person named Na Selan" residing at Triple X village nor is there any other
person named Na Selan" who has acted as Board Nember of the Association. Consequently, Nr. !ngay's
public and defamatory utterance was clearly a reference to me and to no other.

5. Nr. Na !ngay's remarks, calling me a swindler twice over, uttered in a public meeting are
clearly insulting and defamatory as they malign me and attribute to me a criminal act, nature and
predisposition. There is, moreover, no doubt that Nr. !ngay's use of the word swindled" was deliberate
as his explanation and clarification a few utterances thereafter would show. Nr. !ngay's remarks are also
very serious as they cast aspersions on my reputation, character and very person before my peers and
fellow homeowners.

6. Nr. !ngay's remarks have injured my name, reputation and character before my neighbors
and peers. While my name, reputation and character are incapable of pecuniary estimation as these are
the result of a lifetime's effort to build a name, reputation and character that my children and their
children can be proud to bear, Nr. !ngay cannot be allowed to simply go scot-free without bearing the
consequences of his acts. For this reason, I am also holding Mr. Ma Ingay liable civilly for
defaming me in the amount of One Million Pesos {P1,000,000.00) in nominal damages, Five
Hundred Thousand Pesos {P500,000.00) in moral damages and Five Hundred Thousand
Pesos {P500,000.00) in exemplary damages.

TO THE TRUTH OF THE FOREGO!NG, ! have signed this Complaint-Affidavit on 13 April 2007.

[4] (Sgd.) MA SELAN
Complainant-Affiant

[5] SUBSCR!BED AND SWORN TO BEFORE NE this 13
th
day of April 2007.

(Sgd.) !nvestigating Prosecutor

[6] CERTIFICATION

! HEREBY CERT!FY THAT ! HAvE PERSONALLY EXAN!NED THE AFF!ANT AND AN SAT!SF!ED
THAT HE vOLUNTAR!LY EXECUTED AND UNDERSTOOD H!S AFF!DAv!T.

(Sgd.) !nvestigating Prosecutor

Comment: Checklist:
1. Identity of affiant and other
personal circumstances
2. Statement of venue
3. Factual allegations to show
violation or defense
4. Signature of affiant
5. Verification
6. Certification as to Personal
Examination of Affiant
7. Supporting
Documents/Affidavits
Comment: Because an affidavit
must be based on personal
knowledge of the affiant, many
times, legal answers cannot be
included for fear that affiant does
NOT have personal knowledge.
Stating that affiant was assisted
by counsel may remove that
problem as all that affiant has to
do is say I was advised by
counsel that
Comment: Rule 112, sec. 3(a),
2000 Rules on Criminal
Procedure. Note that this may be
done before a prosecutor, or any
government official authorized to
administer an oath, or in their
absence or unavailability, a
Notary Public.
31
2. Counter-Affidavit

City of Nakati ) s.s.

COUNTER-AFF!DAv!T
Re: !.S. No. 1613

[1] !, MA LABO, of legal age, with assistance of counsel, do hereby state under oath that:

1. ! am the Chief of Staff of the Nayor of Quezon City, and have been occupying said post since
his election to the post in 1998. !n said capacity, ! am in charge of coordinating the day-to-day affairs
and activities of his Office.

[2] 2. ! recently learned that ! have been made a respondent in !.S. No. 1613, a charge for
estafa, filed by a certain MA GULANG on 19 January 2007 before the Office of the City Prosecutor for
Quezon City.

3. The charge is based on a supposedly unpaid account for the purchase of seven (7) Nextel
phone units by a Nr. NANGGA GANTSO of the Quezon City Rescue and Environmental Distress Unit,
which made the Nayor their Honorary Chairman with no direct functions; he has been supporting their
activities financially with voluntary contributions.

[3] +. There is no truth to the allegations in NA GULANG's complaint. There is no factual nor
legal basis to charge me with estafa. The Complaint must be dismissed. To rebut and contradict NA
GULANG's malicious lies, ! set forth the true circumstances leading to the transaction below:

+.1. Sometime last year, Ns. Gulang called the office of the Nayor, looking for
him; ! informed her that he was not around. ! took a message from her saying that she
was a friend of the Nayor and that she was selling Nextel units and if we wanted to buy
units from her. ! informed her that both the Nayor and ! had our units already; she then
told me if the Nayor could refer her to prospective clients. When the Nayor arrived, !
relayed the message to him.

+.2. Quite coincidentally, Nr. Gantso had called the Nayor asking if he could
assist in securing Nextel units. The Nayor asked me to call Ns. Gulang. Nr. Gantso and
Ns. Gulang were able to meet, as a result.

+.3. On that day, Ns. Gulang brought the units to the Nayor's Office; she met
with Nr. Gantso inside the Nayor's office. They transacted business inside the Nayor's
Office and only passed by my office on their way out.

+.+. Some time after that, Ns. Gulang phoned me and told me that Nr. Gantso
had not paid her the amount of P11,000.00 for the units. Somewhat embarrassed by
this, ! called Nr. Gantso and told him to pay Ns. Gulang; he assured me that he would
pay her but that he just needed to collect money from the rest of the group.

+.5. After persistent calls from Ns. Gulang telling me that Nr. Gantso had not
yet paid, ! gave her the telephone number of Gantso so that she could just call him
directly. But even then, ! would still get calls from Ns. Gulang; and when she started to
get angry over the telephone, ! set up an appointment for Nr. Gantso to meet with her
at the Office.

+.6. Thereafter, ! would still receive phone calls telling me that Nr. Gantso had
yet to pay; ! would follow up with Nr. Gantso but he simply gave me this promise that he
would pay.

5. !t is utterly inexplicable that Ns. Gulang would hold me liable for estafa when all that ! did
was to refer Ns. Gulang to Nr. Gantso; to a certain extent, ! even exerted my best efforts to see that Ns.
Gulang was paid due simply to my great embarrassment at the prospect of being accused of referring a
person who does not know how to pay for an obligation.

6. For this reason, it is certainly incomprehensible that ! should stand accused of estafa by Ns.
Gulang. I performed no act of deceit or fraud against her in ordering the units. I performed
NO ACT that even remotely resembles ANY of the acts punished under Article 315. !f at all,
any cause of action is PURELY C!v!L in nature and that liability does not pertain to my personal account
in the absence of a showing that ! benefited from the Nextel units (which Ns. Gulang does not even
allege and cannot prove); any civil liability should pertain to the Office of the Nayor, not to me.

Comment: Checklist:
1. Identity of affiant and other
personal circumstances
2. Statement of venue
3. Factual allegations to show
violation or defense
4. Signature of affiant
5. Verification
6. Certification as to Personal
Examination of Affiant
7. Supporting
Documents/Affidavits
Comment: Because an affidavit
must be based on personal
knowledge of the affiant, many
times, legal answers cannot be
included for fear that affiant does
NOT have personal knowledge.
Stating that affiant was assisted
by counsel may remove that
problem as all that affiant has to
do is say I was advised by
counsel that
32
7. Considering the foregoing, ! respectfully submit that there is no prima facie basis to conclude
that the crime of Estafa or that any crime at all has been committed. The Complaint against me should,
thus, be dismissed.

TO THE TRUTH OF THE FOREGO!NG, ! have signed this Statement on 3 February 2007.

[4] (Sgd.) NA LABO
Affiant

PLUS:
1. [5] verification
2. [6] Certification

33
B. Information and Complaint
1. Information {with Certificate of Preliminary Investigation or Inquest)
a. Bigamy

(Caption)

PEOPLE OF THE PH!L!PP!NES,
Plaintiff,
Criminal Case No. 00567
- versus - For: Bigamy

P! KUT!N,
Accused.
x ---------------------------------------- x

!NFORNAT!ON

The Undersigned accuses P! KUT!N of the crime of Bigamy, committed as follows:

That on or about 3 July 2006, in the City of Quezon and within the jurisdiction of
this Honorable Court, the said accused, being then legally married to B!L NOKO, and
without such marriage having been legally dissolved and thus valid and existing, did
wilfully, unlawfully and felicitously contract a second marriage with ASA WA in the City of
Quezon.

CONTRARY TO LAW.

ELL!OT NESS
Assistant City Prosecutor

CERT!F!CATE OF PREL!N!NARY !NvEST!GAT!ON

! hereby certify that a preliminary investigation in this case was conducted by me in accordance
with law; that ! examined the Complainant and her witnesses; that there is reasonable ground to believe
that the offense charged had been committed and that the accused is probably guilty thereof; that the
accused was informed of the Complaint and of the evidence submitted against him and was given the
opportunity to submit controverting evidence; and that the filing of this !nformation is with the prior
authority and approval of the City Prosecutor.

ELL!OT NESS

SUBSCR!BED AND SWORN TO BEFORE NE this 9
th
day of August 2006 in Quezon City.

AL CAPONE
City Prosecutor
Bail Recommended: P10,000.00

Comment: Rule 110, section 6-
13, 2000 Rules on Criminal
Procedure
Checklist:
1. Parties
a. Name of offended party
b. Name of accused
2. Designation of offense by
statute
3. Acts or omissions complained
of as constituting the offense
including a statement of the
qualifying or aggravating
circumstances
+. Approximate time of the
commission of the offense
5. Place of commission
6. Signature of Prosecutor (for
Information)
7. Signature of Offended Party,
Peace officer or Public officer
charged with enforcement of the
law (for Complaint)
8. NOTE: if Information is filed
after inquest (and not preliminary
investigation), ADD:
a. Place where accused is
actually detained
b. Full name and address of
evidence custodian
c. Detailed description of
recovered items, if any
9. Verification
10. Certification of Preliminary
Investigation or Inquest
Comment: NOTE: The allegation
of any aggravating circumstances
should be made here.
Comment: See Rule 112, section
4, 2000 Rules on Criminal
Procedure. This Certification is
appended to an Information filed
after a full blown preliminary
investigation is conducted; if the
accused was arrested without a
warrant and refused/failed to
execute a written waiver of the
provisions of Article 125, Revised
Penal Code, the ACP should have
conducted an INQUEST and not a
preliminary investigation. Any
Information filed would thus have
a different Certification, i.e., a
Certification on Conduct of
Inquest.
Comment: See Rule 110, sections
3, 4, 2000 Rules on Criminal
Procedure. Please note that the
oath is administered by a public
officer authorized to administer
an oath; thus, the JURAT does
not contain any reference to the
CTC details. Contrast this with
the Jurat in Form I-C, which
applies when a Notary Public
administers the oath.
3+
b. Theft

(Caption)

Plaintiff,
- versus - For: Theft

KLEPTO NAN!AC,
Accused.
x --------------------------------------------- x
!NFORNAT!ON

The Undersigned accuses KLEPTO NAN!AC of the crime of Theft, committed as follows:

That on or about 3 July 2006, in the City of Quezon and within
the jurisdiction of this Honorable Court, the said accused, then 11 years
old and without any known address, willfully, unlawfully and feloniously,
with intent to gain, without force upon things or violence upon persons
and without the knowledge and consent of NA ALAHAS, the owner, took
a gold necklace studded with diamonds valued at One Hundred
Thousand Pesos (P100,000.00) to the prejudice of said owner.

CONTRARY TO LAW.

ELL!OT NESS

CERT!F!CAT!ON AS TO CONDUCT OF !NQUEST

! hereby certify that the accused was lawfully arrested without a warrant and that, upon being
informed of his rights, refused to waive the provisions of Article 125 of the Revised Penal Code and, for
this reason, an !nquest was conducted; that based on the complaint and the evidence presented before
me without any countervailing evidence submitted by the accused, despite opportunity to do so, there is
reasonable ground to believe that the accused has committed the crime of theft and should, thus, be
held for said crime; that this !nformation was with the prior authority of the City Prosecutor.

ELL!OT NESS

SUBSCR!BED AND SWORN TO BEFORE NE this 9
th
of August 2006 in Quezon City.

AL CAPONE
City Prosecutor

Comment: Checklist:
1. Parties
b. Name of accused
statute
circumstances
4. Approximate time of the
Information)
law (for Complaint)
actually detained
evidence custodian
9. Verification
Comment: See DOJ Circular No.
61 (September 21, 1993; New
Rules on Inquest), section 14. As
noted above, this Certification
accompanies an Information filed
after an inquest and not a
preliminary investigation is
conducted. An inquest is
conducted only if the respondent
was arrested without a warrant
and does not waive the provisions
of Article 125 of the RPC and does
not wish to avail of a full-blown
preliminary investigation.
35
c. Attempted Rape

(Caption)

Plaintiff,
- versus - For: Attempted Rape

NAEL S!A,
Accused.
x --------------------------------------------- x

!NFORNAT!ON

The undersigned accuses NAEL S!A of attempted rape committed as follows:

That on or about 6 June 2005, in Quezon City, the accused did then and there
wilfully, unlawfully and feloniously enter the house of SEK SEE, a married woman, and
finding that her husband was away, with lewd designs and by means of force and
intimidation, commenced directly by overt acts to commit the crime of attempted rape
upon her person, to wit: while SEK SEE was cooking lunch, the accused seized her from
behind, threw her to the floor, raised her skirt, pulled down her underwear and
attempted to penetrate her with his sexual organ and would have succeeded in doing so
had not her loud protests and vigorous resistance brought her neighbors to her
assistance, causing the accused to flee from the premises without completing all the acts
of execution.

CONTRARY TO LAW with the aggravating circumstance of dwelling.

ELL!OT NESS

PLUS: Certification of Preliminary !nvestigation or !nquest

Comment: Checklist:
1. Parties
b. Name of accused
statute
circumstances
Information)
law (for Complaint)
actually detained
evidence custodian
9. Verification
36
d. Frustrated Murder

(Caption)

Plaintiff,
- versus - For: Frustrated Nurder

NANA NATAY,
Accused.
x --------------------------------------------- x

!NFORNAT!ON

The undersigned accuses NANA NATAY of frustrated murder committed as follows:

That on or about 21 August 2006, in Quezon City, the accused did then and
there take a loaded .++ Caliber Nagnum pistol, directly aim the same firearm at the
person of v!C T!NA, an invalid septuagenarian, and, at point blank range, with intent to
kill, discharge the firearm twice against the person of said vic Tima, inflicting on said vic
Tima two (2) wounds on his chest and stomach, which wounds would have been fatal
had not timely medical assistance been rendered to the said vic Tima.

CONTRARY TO LAW with the aggravating circumstances of Evident
Premeditation, use of firearm and disregard of age.

(Sgd.) ELL!OT NESS

PLUS: Certification of Preliminary !nvestigation or !nquest
Comment: Checklist:
1. Parties
b. Name of accused
statute
circumstances
Information)
law (for Complaint)
actually detained
evidence custodian
9. Verification
37
C. Motions
1. Motion to Quash Information

Plaintiff,
- versus - For: Theft

KLEPTO NAN!AC,
Accused.
x ------------------------------------------ x

NOT!ON TO QUASH

[2] THE ACCUSED, by counsel, respectfully moves to quash the !nformation for the crime of
theft on the following:

[3] GROUNDS

1. !T CONTA!NS AvERNENTS WH!CH, !F TRUE, WOULD CONST!TUTE A LEGAL
JUST!F!CAT!ON;

2. TH!S COURT !S W!THOUT JUR!SD!CT!ON.

!n support, the accused respectfully states that:

ARGUNENT

The !nformation alleges that the accused KLEPTO NAN!AC is eleven (11) years old and without
any known address. Under Article 12, paragraph 3 of the Revised Penal Code, a person over nine years of
age and under fifteen, unless he acted with discernment, is exempt from criminal liability.

There is no allegation that the accused acted with discernment. Even granting said discernment,
the accused cannot be tried but instead proceeded against under Article 80 of the Revised Penal Code,
which provides that a minor, unless sixteen years of age at the time of the commission of a grave or less
grave felony, cannot be tried but instead shall have the benefit of a suspension of all proceedings against
him. The duty of the court would be to commit the minor to the custody or care of a public or private
benevolent or charitable institution for the care and education of homeless and delinquent children or to
the custody of the Department of Social Work and Development.

[4] WHEREFORE, it is respectfully prayed that the !nformation against the accused be QUASHED
and that the accused be released immediately from detention.


Counsel for the Accused
[Address|

PLUS:
2. [S] Proof of Service

Checklist:
2. Parties
3. Distinct specification of factual
and legal grounds for quashal
4. Relief
5. Date/Place
6. Signature of counsel
8. Affidavit of service
Comment: 1976, 1986, 1988 and
1990 Bar Question
38
2. Motion to Quash Search Warrant

[1] (Caption)
Plaintiff,

- versus - Criminal Case No. 00022
For: Libel
v!G CHAN,
Accused.
x ---------------------------------------------- x

NOT!ON TO QUASH SEARCH WARRANT

The ACCUSED, by counsel, respectfully moves for the quashal of Search Warrant No. 1122 issued
by this Honorable Court on and dated 12 July 2006 based on the following considerations:

[2] 1. Rule 126, Sec. 10 or the Revised Rules of Court provides expressly that a search warrant
shall be valid for ten (10) days from its date and that thereafter, it shall be void.

2. Search Warrant No. 1122 is dated 12 July 2006. !t was served on the accused on 23 July
2006, the 11
th
day from its date; this is certified to by the Sworn !nventory and Return executed by Najor
Alang Alam, the leader of the searching team (a copy of which is already part of the records). A search
was made on the same day, 23 July 2006; pursuant to said search, certain objects were seized and
delivered to the court. Under the law, the Search Warrant is void and must, thus, be quashed.

[3] WHEREFORE, it is respectfully prayed that Search Warrant No. 1122 be QUASHED and all
objects seized under its purported authority be declared !NADN!SS!BLE under the exclusionary rule in
Article !!!, Section 3(2) in relation to section 2 of the 1987 Constitution.


[5] (Sgd.) NA TAPANG
Counsel for Accused
[Address|

PLUS:

Comment: Rule 126, sec. 14,
Procedure; this is a new pleading
expressly recognized for the first
time in the Rules, although it has
been used widely in practice and
even acknowledged by the
Supreme Court in case law.
Please take note that this may be
filed in and acted upon only by
the court where the action is filed
but if no action has yet been filed,
it may be filed with the court that
issued the search warrant. If no
resolution has yet been made by
the Search Warrant Court by the
time an Information is filed, then
the trial court shall resolve the
Motion to Quash.
Comment: Checklist:
2. Distinct Specification of
Factual and Legal Grounds for
Quashal
a. Failure to comply with form
prescribed by law
b. Served beyond period
c. More than one offense
d. No personal determination of
probable cause by Judge
e. No probable cause
3. Relief
4. Place/Date
7. Proof of Service
39
3. Motion to Suppress Evidence

[1] (Caption)

Plaintiff,

- versus - Criminal Case No. 00022
For: Libel
v!G CHAN,
Accused.
x ---------------------------------------------- x

NOT!ON TO SUPPRESS Ev!DENCE UNLAWFULLY SE!ZED

The ACCUSED, by counsel, respectfully moves for the suppression of objects seized on 23 July
2006, pursuant to Search Warrant No. 1122 issued by this Honorable Court dated 12 July 2006, based on
the following considerations:

[2] 1. Search Warrant No. 1122 was served on the 11
th
day and is, thus, void.
2. The motor vehicle seized does not fall within the property that may lawfully be seized.

Discussion
[1| Search Warrant No. 1122 was
served on the 11
th
day and is, thus,
void.

1. Rule 126, Sec. 10 of the Revised Rules of Court provides expressly that a search warrant shall
be valid for ten (10) days from its date and that thereafter, it shall be void.

2. Search Warrant No. 1122 is dated 12 July 2006. !t was served on the accused on 23 July
2006, the 11
th
day from its date; this is certified to by the Sworn !nventory and Return executed by Najor
Alang Alam, the leader of the searching team (a copy of which is already part of the records). A search
was made on the same day, 23 July 2006; pursuant to said search, certain objects were seized and
delivered to the court. Under the law, the Search Warrant is void.

3. No valid seizure may be made under a void warrant. For this reason, the following objects
must be suppressed:
[list items|

[2| The motor vehicle seized does
not fall within the property that
may lawfully be seized.

+. On the occasion of the search, the searching party also seized" accused's green Jaguar XJE
with license plate, No. 1", allegedly for being subject of the offense. Thereafter, it was impounded and
kept at the PNP Notor Pool.

5. The motor vehicle cannot be subject of the offense as accused is charged with libel. There is
no relation between the motor vehicle and libel.

6. Noreover, the motor vehicle is not mala prohibita that would justify a seizure thereof; neither
could there be a seizure of evidence in plain view.

[3] WHEREFORE, it is respectfully prayed that all objects seized under the void Search Warrant
No. 1122 be declared !NADN!SS!BLE under the exclusionary rule in Article !!!, section 3(2) in relation to
Section 2 of the 1987 Constitution. Furthermore, it is prayed that the Green Jaguar XJE with license plate
No. 1" be immediately returned to the accused.


[5] (Sgd.) NA TAPANG
Counsel for Accused
[Address|

PLUS:

Comment: Rule 126, sec. 14,
Procedure; this is a new pleading
expressly recognized for the first
time in the Rules, although it has
been used widely in practice and
even acknowledged by the
Supreme Court in case law.
Please take note that this may be
filed in and acted upon only by
the court where the action is filed
but if no action has yet been filed,
it may be filed with the court that
issued the search warrant. If no
resolution has yet been made by
the Search Warrant Court by the
time an Information is filed, then
the trial court shall resolve the
Motion to Quash.
Comment: Checklist:
2. Distinct Specification of
Factual and Legal Grounds for
Suppression
a. Search without witnesses
b. Served beyond period
c. More than 1 offense
d. No receipt
e. No inventory
f. Property not subject of
seizure
g. Not evidence in plain view
3. Prayer/Relief
4. Place/Date
7. Proof of Service
+0
4. Motion for Bail

[1] (Caption)

Plaintiff,
- versus - For: Nurder

NAKA P!!T,
Accused.
x ------------------------------------------ x

NOT!ON FOR BA!L

[2] THE ACCUSED, by counsel, respectfully moves to be allowed bail on the ground that the [3]
prosecution's evidence of his guilt is not strong. !n support, he respectfully submits the following:

1. The !nformation alleges that he raped the private complainant on 25 December 2005 at his
residence in Quezon City. The prosecution's own evidence, however, belies this allegation as: (a) the
medical certificate (attached as ANNEX A to the !nformation) states that private complainant is in a virgin
state with no physical and outward signs of trauma; (b) the medical certificate issued by the NB! doctor
(attached as ANNEX B to the !nformation) after a physical examination of the accused, two (2) days after
the alleged rape, shows that he is suffering from erectile dysfunction and has been so afflicted for close
to five (5) years now and (c) the sworn statements of the private complainant conflict with and contradict
each other such that her credibility must be placed in doubt.

2. For these reasons, there is no basis to conclude that the accused raped the private
complainant as there is less than circumstantial evidence of this fact. He is, thus, entitled to bail as a
matter of right.

WHEREFORE, it is respectfully prayed that the accused be granted: (1) a bail hearing, during
which the prosecution should be directed to present its evidence to show the strength of its evidence of
the accused's guilt, and (2) thereafter, grant the accused reasonable bail.


Quezon City; 7 July 2007.

[Address|

PLUS: Request for and Notice of Hearing
Comment: Checklist:
2. Parties
3. Specification of grounds for
entitlement to bail
4. Prayer/Relief
5. Place/Date
8. Proof of Service
Comment: See Rule 114, as
amended; however, as bail is
generally a matter of right and is
only limited and made
discretionary in capital cases, the
allegation in this regard would
invariably be to the effect that the
evidence of guilt is not strong and
the relief prayed for would be a
bail hearing and the subsequent
admission to bail.
+1
D. Application for Bail

[1] (Caption)

Plaintiff,

- versus - Criminal Case No. 11+878

RECY D!v!ST,
Accused.
x ---------------------------------------------- x

APPL!CAT!ON FOR PROBAT!ON

THE ACCUSED, by counsel, respectfully applies for probation pursuant to the provisions of
Presidential Decree No. 968, as amended.

!n support of this application, the accused respectfully submits the following:

1. Accused-applicant is of legal age and currently gainfully employed at ASN Broadcasting
Corporation located at Timog Avenue, Quezon City. On 23 February 2007, she pleaded guilty" to the
offense charged herein; consequently, this Honorable Court in its Order dated 8 Narch 2007 sentenced
accused-applicant to an indeterminate penalty ranging from three (3) years to five (5) years of prision
correccional.

[2] 2. Accused-applicant humbly submits that she possesses all the qualifications and none of
the disqualifications enumerated under section 2 of Presidential Decree No. 968, specifically:

2.1. She has not been convicted of any crime against national security or public
order;

2.2. She has not been previously convicted by final judgment of an offense
punishable by imprisonment of not less than one (1) month and one (1) day andfor a
fine of not less than Two Hundred Pesos (P200.00);

2.3. She has not previously applied for nor had been previously placed under
probation under Presidential Decree No. 968.

2.+. She has not started to serve her sentence and, to date, has not filed any
Notice of Appeal from the Order of conviction.

3 Finally, granting this application will not in any way depreciate the seriousness of the offense
charged nor cause any undue risk that during the period of probation, accused-applicant will commit
another crime. Noreover, accused-applicant does not need any correctional treatment requiring
commitment to an institution.

[3] WHEREFORE, accused-applicant respectfully prays that her application for probation be
GRANTED and that she be placed under probation under such terms and conditions necessary to attain
and ensure the objectives of the law and which, under the circumstances, are fair, just and reasonable in
the sound discretion of this Honorable Court.

Quezon City for Pasig City; 12 Narch 2007.

Counsel for Accused
[Address|

PLUS:
1. [4] verification

Comment: Checklist:
1. All the requirements as in
ordinary motions
2. Grounds for Probation (See PD
968, as amended)
3. Prayer/Relief
4. Verification by Applicant
+2
IV. PLEADINGS AND OTHER LEGAL DOCUMENTS COMMON TO CIVIL AND CRIMINAL
PROCEDURE
A. Offer of Evidence and OppositionJComment to Offer
1. Formal Offer of Evidence

Plaintiff,
- versus -

RECY D!v!ST,
Accused.
x ------------------------------------------ x

FORNAL OFFER OF Ev!DENCE

THE PROSECUT!ON, by the undersigned public and private prosecutors, respectfully offer their
documentary exhibits in support of their case-in-chief:

1. Exhibit A, the sworn statement of `Alang Kaso, the private complainant, and Exhibit A-1, his
signature-to prove that on the date and time stated in the affidavit, the accused issued a post-dated
check in the amount of One Nillion Pesos (P1,000,000.00) which, on presentment for payment, was
dishonored for lack of insufficient funds; to prove authorship and the authenticity of the sworn
statement; and as part of the testimony of the private complainant.

2. Exhibit B, the post-dated check dated 30 June 200+, issued by the accused in the amount of
One Nillion Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with notation DA!F"; Exhibit
B-2, the signature of accused on face of the check-to prove the issuance of the check, the amount
stated, the reason for dishonor and the identity of the issuer. The marked copies of Exhibits A and B are
already part of the record.

WHEREFORE, the prosecution respectfully prays that the foregoing Exhibits be ADN!TTED as
proof of the facts therein stated and in support of its case-in-chief and for all other relevant purposes.


ELL!OT NESS ATT!CUS F!NCH
Public Prosecutor Private Prosecutor

Copy furnished:

N!TCH NCDEERE
Counsel for Accused

Comment: Variably and
acceptably denominated by others
as Formal Offer of Documentary
Exhibits; please note that this
applies to criminal and civil cases.
In criminal cases, the private
prosecutor has no personality to
formally offer the evidence, thus,
the offer is made in the name of
the prosecution.
Comment: If the question calls for
an Offer of Evidence by the
Accused/Defense, then the proper
1
st
par. should read: The Accused
(Defendant), by counsel,
respectfully offers his/her
documentary exhibits in support
of his/her defenses, as follows:.
Invariably, the Offer of Evidence is
made in table or column form
such that it would be easier for
the Court to see the Exhibit No.,
Description and Purpose but, for
purposes of the Bar, this would
not be practicable nor practical.
All that is important is that the
Offer contain the Exhibit Number,
a description of the Exhibit and
the Purpose of Offer.
Comment: This is a common
mistake for any legal document
submitted by a private
prosecutor. It is important to
remember that the private
prosecutor has no personality to
do anything in a criminal case as
everything is under the control
and direction of the public
prosecutor. Thus, every legal
document must be signed by both
the public prosecutor and the
private prosecutor. Note that it
would also be acceptable to
have the Offer that is prepared
by a private prosecutor signed
by the public prosecutor to
show his conformity thereto.
+3
2. CommentJOpposition to Offer

Plaintiff,
- versus -

RECY D!v!ST,
Accused.
x ------------------------------------------ x

CONNENT ON THE PROSECUT!ON'S
FORNAL OFFER OF Ev!DENCE

THE ACCUSED, by counsel, respectfully oppose the Prosecution's Offer of Evidence for the
following reasons:

1. Exhibit A, the sworn statement of `Alang Kaso, the private complainant, and Exhibit A-1, his
signature are !NADN!SS!BLE because the private complainant was never presented to authenticate the
document or subjected to cross-examination, thus, the document is hearsay and inadmissible.

2. Exhibit B, the post-dated check dated 30 June 200+, issued by the accused in the amount of
One Nillion Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with notation DA!F"; Exhibit
B-2, the signature of accused on face of the check are !NADN!SS!BLE for violation of the Best Evidence
Rule as the original check was never presented; and no basis for the presentation of secondary evidence
laid.

ACCORD!NGLY, the ACCUSED respectfully submits that the Prosecution's Exhibits are
!NADN!SS!BLE and must, thus, be EXCLUDED.


[Address|

Copy furnished:

ELL!OT NESS
Public Prosecutor

ATT!CUS F!NCH
Private Prosecutor

Comment: NOTE: The purpose of
the offer is never objected to;
rather it is the admissibility of the
document that is objected to. The
purpose of offer goes to weight of
the document (unless of course,
the objection is relevance, then
purpose may properly be objected
to as relevance also determines
admissibility). Any objections to
purpose should be made in the
Memorandum and an appropriate
reservation to do so may be stated
in the Comment.
++
B. Demurrer to the Evidence
1. Criminal cases

(Caption)

Plaintiff,
- versus - For: violation of PD 1866

ANAK!N SKYWALKER,
Accused.
x ---------------------------------------- x

DENURRER TO THE PROSECUT!ON'S Ev!DENCE

THE ACCUSED, by counsel, with leave of court previously obtained, respectfully submits this
Demurrer to the Prosecution's Evidence on the ground that the prosecution has failed to adduce sufficient
evidence of his guilt to overcome the presumption of innocence and shift the burden of proof:

1. Under the Constitution, the accused is presumed to be innocent until proven guilty. The effect
of this presumption is that it entitles the accused to not say anything in his defense and places the
burden directly on the prosecution to prove everything relative to his guilt. Thus, the prosecution must
rely on the strength of its evidence and not wait for the accused to offer any defense. !t is only in the
event that the prosecution, after resting its case, has adduced sufficient evidence of guilt that the burden
of proof shifts to the accused.

2. The prosecution has failed to adduce sufficient evidence of guilt such as would shift the
burden of proof.

2.1. The accused is charged with violation of PD 1866; the gravamen of the
offense is unauthorized possession of a firearm. Concretely, this means that the
prosecution must prove that the accused had no legal authority to possess any firearm.

2.2. The prosecution has failed to show that the accused had no license to carry
a firearm. The proof of the negative element is indispensable to proof of a violation of PD
1866. Without proof of this negative element, the crime is not proven.

3. Absent proof of the negative element, i.e., absence of a license, the offense is not proven.
The accused is innocent; he must, thus, be acquitted.

WHEREFORE, the accused respectfully prays that the !nformation against him be D!SN!SSED and
that he be ACQU!TTED of the crime charged.


DARTH S!D!OUS
[Address|

Comment: A Demurrer may also
be called a Motion to Acquit as
the relief sought is acquittal.
Comment: There is a different
rule in criminal procedure as
regards a Motion for Leave to File
A Demurrer. The Motion for Leave
must be filed prior to the
Demurrer. It is only when the
Motion for Leave is granted that
the Demurrer may be filed.
Comment: -NOTE: A Demurrer is
essentially a Motion to Acquit. It
is thus a litigious motion and
should be set for hearing.
+5
2. Civil cases

(Caption)

ANAK!N SKYWALKER,
Plaintiff,
- versus -

PADNE AN!DALA,
Defendant.
x ---------------------------------- x

DENURRER TO THE Ev!DENCE

DEFENDANT, by counsel, with leave of court previously sought and granted, respectfully submits
this Demurrer to the Evidence because plaintiff has failed to prove entitlement to his claims by a
preponderance of evidence:

1. This action seeks to collect a sum of money arising from a contract.

2. Plaintiff, after resting his case, has failed to: (a) prove the authenticity of the contract, (b) the
extent of the obligation under the contract, (c) the demandability of the obligation under the contract and
(d) defendant's liability for the obligation and damages.

3. Consequently, plaintiff has failed to prove his claims by a preponderance of evidence and
defendant is entitled to a dismissal of the Complaint against her.

WHEREFORE, defendant respectfully prays that the Complaint against her be D!SN!SSED.


[Address|

Comment: Note the difference in
the rule between a civil demurrer
and a demurrer in criminal cases
insofar as effects of leave of court
is concerned. A civil demurrer
may be filed with or without leave
of court but if the demurrer is
granted and later reversed on
appeal, the defendant loses the
right to adduce evidence.
+6
C. Notice of Lis Pendens

+
th
Judicial Region
Branch 71, Antipolo
DAN! LUPA,
Plaintiff,
Civil Case No. 007
- versus - For: Reconveyance

ALANG LUPA,
Defendant.
x ----------------------- x

NOT!CE OF L!S PENDENS

THE REG!STER OF DEEDS
Antipolo City, Rizal Province

Please take notice that a parcel of land covered by TCT No 123+ located in Antipolo, Rizal;
registered in the name of defendant is the subject matter of an action for reconveyance of an undivided
one-sixth portion thereof filed by DAN! LUPA, above-named plaintiff. Accordingly, please record this
notice on the title.



[Address|
Copy furnished:

N!TCH NCDEERE, Esq.

+7
D. Appearance as Counsel

ANAK!N SKYWALKER,
Plaintiff,
Civil Case No. 1357
- versus - For: Legal Separation

PADNE AN!DALA,
Defendant.
x -------------------------------- x

ENTRY OF APPEARANCE


Please enter the appearance of the undersigned as counsel for defendant Padme Amidala, with
her express conformity as indicated below, in this case. Henceforth kindly address all pertinent notices to
the undersigned at the address given below.



No. 1, !mzadi Place
Tatooine, Pasig City

W!TH NY CONFORN!TY:

(Sgd.) PADNE AN!DALA

Copy furnished:

DARTH S!D!OUS

Question
Comment: This is frequently
overlooked but is actually the
most important part of the Entry
of Appearance as it indicates to
the Court the authority given and
the source of such authority.
+8
E. Withdrawal as Counsel
1. Withdrawal as Counsel

(Caption)

ANAK!N SKYWALKER,
Plaintiff,
Civil Case No. 1357

PADNE AN!DALA,
Defendant.
x -------------------------------- x

W!THDRAWAL OF APPEARANCE


Please make of record the W!THDRAWAL of the undersigned as counsel for plaintiff ANAK!N
SKYWALKER, with his express conformity as indicated below, in this case. Henceforth kindly address all
pertinent notices to plaintiff at his address given in the Complaint.



(Sgd.) NACE W!NDU
1 !mperial Palace, Cloud City, Pasig City

W!TH NY CONFORN!TY:

(Sgd.) ANAK!N SKYWALKER

2. Withdrawal as Counsel WITHOUT conformity of client

(Caption)

ANAK!N SKYWALKER,
Plaintiff,
Civil Case No. 1357

PADNE AN!DALA,
Defendant.
x -------------------------------- x

W!THDRAWAL OF APPEARANCE


Please make of record the W!THDRAWAL of the undersigned as counsel for plaintiff ANAK!N
SKYWALKER due to irreconcilable professional differences with plaintiff, for which reason the
express conformity of plaintiff cannot be obtained. Henceforth kindly address all pertinent notices
to plaintiff at his address given in the Complaint.



(Sgd.) NACE W!NDU
1 !mperial Palace, Cloud City, Pasig City

Comment: NOTE: If the client
gives express conformity, no
reason for withdrawal needs to be
given. However, if withdrawal is
without conformity, the court may
ask counsel to secure conformity.
If withdrawal is due to
fundamental and irreconcilable
professional differences, then it
must be stated so that the
absence of conformity of the
erstwhile client is justified.
+9
F. Substitution of Counsel

(Caption)

ANAK!N SKYWALKER,
Plaintiff,
Civil Case No. 1357

PADNE AN!DALA,
Defendant.
x -------------------------------- x

SUBST!TUT!ON OF COUNSEL

THE UNDERS!GNED respectfully enters his appearance as counsel for defendant Padme Amidala
in substitution of former counsel Darth Naul, as shown by her express conformity below. Henceforth,
kindly address all pertinent notices to the undersigned at the address given below.



OB! WAN KENOB!
2 Corruscant Place
Tatooine Road, Pasig City

W!TH NY CONFORN!TY:

(Sgd.) PADNE AN!DALA

G. Notice of Appeal

REGIONAL TRIAL COURT
Branch 1, Nanila
TALO NAN,
Plaintiff,
- versus -

PANA LO,
Defendant.
x------------------------- x

NOT!CE OF APPEAL

PLA!NT!FF, by counsel, respectfully appeals to the Court of Appeals the Decision of this
Honorable Court dated 6 July 2006, a copy of which he received on 16 July 2006, for being contrary to
law and the evidence presented.

Quezon City for Nanila; 17 July 2006.

[Address|
Copy furnished:

N!TCH NCDEERE

Comment: NOTE: The Notice of
Appeal is filed with the trial court,
not the appellate court.
50
V. PLEADINGS AND LEGAL DOCUMENTS ON DOMESTIC CASES AND SPECIAL
PROCEEDINGS
A. Petition for Habeas Corpus

Branch 191, Nakati

!N RE: PET!T!ON FOR HABEAS
CORPUS OF THE N!NORS LUKE
AND LE!A SKYWALKER
SP No. 11133+
PADNE AN!DALA,
Petitioner.

ANAK!N SKYWALKER,
Respondent.
x ------------------------------------------ x

PET!T!ON


1. Petitioner is the mother of the minors Luke and Leia Skywalker, who were born out of the
valid marriage between petitioner and respondent Anakin Skywalker.

2. The marriage failed and petitioner has been living separately from respondent since 200+.
Sometime in February 2007, respondent, unknown to petitioner, abducted the minor children and has
kept them incommunicado and out of petitioner's reach.

3. Being below seven (7) years of age, custody of the minors is naturally presumed to belong to
petitioner, as their mother. Consequently, respondent's refusal to allow petitioner to regain custody over
the minors is unlawful and unjustified.

WHEREFORE, petitioner respectfully prays that a writ of habeas corpus issue directing
respondent to make a return showing his legal authority to detain the minor children, subject of this
petition, and thereafter, present the minor children personally before the Court on a date and time it
chooses.


OB! WAN KENOB!
Counsel for Petitioner
[Address|

PLUS: verification and Certification against Forum Shopping

Question
51
B. Petition for Adoption

!N RE: PET!T!ON FOR ADOPT!ON
OF ANAK!N SKYWALKER
SP No. 11133+
DARTH vADER and PADNE AN!DALA,
Petitioners.
x ------------------------------------------ x

PET!T!ON

PET!T!ONERS, by counsel, respectfully state that:

1. Petitioners are husband and wife, both of legal age, and residents of __________.

2. They have no legitimate children of their own and desire to jointly adopt a minor named
ANAK!N SKYWALKER, 10 years old, the legitimate child of _________________.

3. The parents of the minor are not insane, intemperate and are in full possession of civil
capacity; they have not abandoned the minor child. With full knowledge of petitioners' intention, they
have expressly given their written consent to the adoption, as shown by their statement, a copy of which
is attached as ANNEX A.

+. Petitioners are qualified to adopt the minor and are financially capable of supporting the
minor; they are also morally qualified to bring up and educate the said minor.

WHEREFORE, it is respectfully prayed that judgment be rendered in petitioners' favor adjudging
the minor child ANAK!N SKYWALKER freed from all legal obligations of obedience and maintenance with
respect to hisfher natural parents and that hefshe be declared to all legal intents and purposes, the child
of herein petitioners and that hisfher surname be changed to that of petitioners.


(Sgd.) NASTER YODA
[Address|


52
C. Petition for Declaration of Nullity of Marriage with Application for Provisional
Orders

[Caption and Title|


1. Petitioner is a Filipino citizen, of legal age and married to respondent. For purposes of this
petition, she may be served with notices and other pertinent processes through counsel at [address of
counsel|.

2. Respondent is a Filipino citizen, of legal age, currently employed at [state employer| and
married to petitioner. He may be served with summons and other pertinent orders and processes of this
Court at [state address|

3. Petitioner and respondent were married on [date| and out of this marriage, they have [state
number of children, respective ages|. A copy of the Narriage Contract executed by petitioner and
respondent is attached as ANNEX A; a copy each of the birth certificates of the minor children is
attached as ANNEX B, C and D, respectively.

+. Petitioner and respondent are currently separated in fact and have been so since Nay 2001.
The reason for the continuing separation in fact is the breakdown of the marriage due to both petitioner's
and respondent's mutual psychological incapacity to fulfill and discharge their respective marital
obligations to each other, which existed at the time of the marriage in 1998 but manifested itself well into
the marriage

5. The mutual psychological incapacity of the parties to remain married to each other appears
to be incurable; prior to this resort, the parties had attempted formal and informal counseling sessions all
of which proved unproductive as respondent proved resistant and, at times, even hostile to these efforts.

6. !n compliance with jurisdictional requirements, petitioner submitted herself to a psychological
and clinical assessment by a trained professional, Clinical Psychologist [state name|. Despite several
attempts, respondent refuses to agree to any sober and productive discussion with petitioner and is
always highly emotional and angry, it was, thus, impracticable to secure a psychological report and
profile of respondent; should this become material, petitioner reserves the right to request respondent to
submit to a psychological examination for purposes of confirming the mutual psychological incapacity to
remain married to each other.

7. Petitioner's psychological incapacity is described in clinical terms as being consistent with a
v61.1 Partner Relational Problem and is said to have Nasochistic Personality Disorder" or 301.9
Personality Disorder Not Otherwise Specified"; on the other hand, the assessment given by the
psychologist of respondent's psychological make-up is that he has a 301.20 Schizoid Personality Disorder
with narcissistic features" which is described as grave, incurable and has antecedents." The
psychological make-up of petitioner and respondent is explained in greater detail in the Clinical
Assessment Report (Report") dated 28 December 2006, a copy of which is attached as ANNEX E.

8. Their minor children are in petitioner's custody and are being supported by her financially
and emotionally.

9. Petitioner submits that, despite the parties' mutual psychological incapacity to remain married
to each other, the interests of the children are best served by having them remain in her custody, with
visitation rights extended to respondent. All of the children are minors and, under the law, children under
seven (7) years of age shall not be separated from the mother, save for exceptional circumstances which
do not exist in this case.

10. Petitioner cannot, however, provide for all the financial needs of the children as she is only
earning a limited amount of money from her work whereas respondent is gainfully employed and earns
more than enough for his own personal needs. Petitioner earns only (state amount) from her work as
shown by her payslip attached as ANNEX F whereas respondent earns (state amount) from his work as
shown by his payslip attached as ANNEX G. The common property of petitioner and respondent is
insufficient for the support of the children. Respondent must, thus, be directed to give support to his
children in the amount of (state amount).

WHEREFORE, petitioner respectfully prays that PROv!S!ONAL ORDERS for child custody and child
support be issued giving to petitioner custody pendente lite over their minor children and directing
respondent to give monthly support in the amount of (state amount), subject to any adjustments that
may be made based on changing earning capacity as well as needs.

Comment: Under AM No. 02-11-
12-SC Proposed Rule on
Provisional Orders adopted by
the SC on 4 March 2003 and
which took effect on 15 March
2003, the ff. provisional orders
may be applied for upon filing of a
petition for declaration of nullity
of marriage:
a) spousal support [ 2]
b) child support [ 3]
c) child custody [ 4]
d) visitation rights [ 5]
e) hold departure orders [ 6]
f) order of protection [ 7]
g) admin of common property [ 8]
Comment: NOTE: It may be
psychological incapacity only on
the part of one party so the
allegations may be tailored to
address that situation.
Comment: Under the Rule on
Provisional Orders, child custody
may be sought in a petition for
declaration of nullity where the
court considers the best interests
of the child as paramount;
provisional custody may be
awarded to the following based on
the order of preference:
1) to both parents jointly
2) to either parent taking into
account all relevant
considerations, esp. the choice of
the child
3) to the surviving grandparent, or
if there are several of them, to the
grandparent chosen by the child
above 7 years of age unless the
grandparent chosen is unfit or
disqualified
4) to the eldest brother or sister
over 21 years of age unless unfit
or disqualified
5) to the actual custodian over 21
years of age unless unfit or
disqualified, or
6) to any other person deemed by
the court suitable to provide
proper care and guidance. 4.
Comment: Under the Rule on
Provisional Orders, child support
may also be sought. It must first
be taken from the properties of
the absolute community or the
conjugal partnership. In the
discretion of the court, either
parent or both may be ordered to
give an amount necessary for
support, maintenance and
education of the child in
proportion to the resources or
means of the giver and to the
needs of the recipient. Thus, the
earning capacity of the parent and
the amount needed for support
must be alleged.
53
Petitioner also prays that, after trial, judgment be rendered in her favor by declaring petitioner to
be psychologically incapacitated to comply with the essential obligations of her marriage to respondent,
thus --

[1| Declaring the marriage between petitioner and respondent a nullity and, by this
token, ordering the dissolution of the conjugal partnership of gains; and

[2| Awarding permanent custody of the children to petitioner, with express
acknowledgement of respondent's visitation rights;

[3| Awarding support in the amount of (state amount) subject to adjustments to be
made depending on changes in earning capacity and needs of the children.

All other just and equitable reliefs are also prayed for.


[Address|


5+
D. Petition for Probate of a Holographic Will

Branch 30, San Juan

RE: PROBATE OF THE HOLOGRAPH!C
W!LL OF PABL!NG S!A.,
SP PROC. No. 0023
PAL!NG KERA,
Petitioner,
x ------------------------------------ x

PET!T!ON


1. Petitioner is a Filipino citizen and the widow of the deceased.

2. On 16 August 2006, PABL!NG S!A died, having previously executed a holographic will in his
own handwriting and in a language known to him. A copy of the will is attached as ANNEX A. The
handwriting may be attested to as his by his secretary of long standing, TON CRUZ.

2. The deceased left a house and lot located at No. 555, Tuna Road, Narinara Subdivision,
Quezon City and cash amounting to Fifty Thousand Pesos (P50,000); he had no debts.

3. The deceased's only heirs are herein petitioner and their son, PABL!NG S!A JR., both of whom
are residing at No. 555, Tuna Road, Narinara Subdivision, Quezon City.

WHEREFORE, it is respectfully prayed that after due notice and publication this Honorable Court
fix the date for the probate of the holographic will and that letters of administration be issued in favor of
the herein petitioner and thereafter adjudicate the properties of the deceased in accordance with the said
holographic will.


[Address|


55
VI. DEEDS, CONTRACTS AND OTHER CORPORATE LEGAL DOCUMENTS
A. Special Power of Attorney

SPEC!AL POWER OF ATTORNEY

KNOW ALL NEN BY THESE PRESENTS:

!, OB! WAN KENOB!, of legal age, and resident of Tatooine, do hereby name, constitute and
appoint PADNE AN!DALA, of legal age, and resident of Naboo, to be my true and lawful Attorney-in-Fact
and in my name, place and stead, do perform the following specific act(s):

(Specify the particular actfs to be performed)

Giving and granting unto said attorney-in-fact power and authority to do every act necessary and
required in connection with these presents, and hereby ratifying and confirming all that she may do by
virtue of these presents.

!N W!TNESS WHEREOF, ! have signed this Special Power of Attorney this 7 July 2007 at
Tatooine.

Principal

S!GNED !N THE PRESENCE OF:

(Sgd.) R2D2

(Sgd.) C3PO

Acknowledgment

B. General Power of Attorney

GENERAL POWER OF ATTORNEY


!, OB! WAN KENOB!, of legal age, and resident of Tatooine, do hereby name, constitute and
appoint PADNE AN!DALA to be my true and lawful attorney-in-fact, for me and in my name, place and
stead, to do and perform the following acts, to wit:

(Specify general acts that Attorney-in-Fact may do)

Giving and granting unto my said Attorney-in-Fact full power and authority necessary and
required to carry out the acts as fully to all intents and purposes as ! might do or lawfully do if personally
present, with power of substitution and revocation, and hereby ratifying and confirming all that my said
attorney-in-fact or his substitute shall lawfully do or cause to be done under and by virtue of these
presents.

!N W!TNESS WHEREOF, ! have signed this instrument this 7 July 2007 at Tatooine.

Principal


(Sgd.) R2D2

(Sgd.) C3PO

Acknowledgment

Comment: 1976, 1986 and 1992
Bar Exams
56
C. Contract of Lease

CONTRACT OF LEASE


This Agreement made and entered into at Nakati this 7
th
day of July 2007 by and between DAN!
BAHAY, of legal age, married to ASA WA, (LESSOR) and resident of Nakati City, and ALANG BAHAY, of
legal age, single and resident of Quezon City (LESSEE), W!TNESSETH that:

1. !n consideration of a monthly rental of F!vE THOUSAND PESOS (P5,000.00) and the
covenants made below, the LESSOR hereby LEASES to the LESSEE an apartment located at 199 San
Antonio village, Nakati City covered by Tax Declaration No. 001 (Nakati City Assessor's Office) for a
period of TWELvE (12) NONTHS from signing of this contract.

2. The LESSEE covenants, as follows:

2.1. To pay the rentals on or before the fifth day of each month, without need
of demand at the residence of LESSOR;

2.2. To keep the premises in good and habitable condition, making the
necessary repairs and painting inside and outside the house;

2.3. Not to make major alterations and improvements without the written
consent of the LESSOR and in the event of such unauthorized major alterations and
improvements, surrendering ownership over such improvements and alterations to the
LESSOR upon expiration of this lease;

!N W!TNESS WHEREOF, the parties have signed this contract on the date and the place first
mentioned.

DAN! BAHAY ANG BAHAY
Lessor Lessee

With my consent:
ASA WA

Acknowledgment

BEFORE NE, a Notary Public for Nakati City, personally appeared on the 7
th
of July 2007, the
following persons, with their respective CTC details indicated below:

DAN! BAHAY CTC No. ____________ issued atfon
ALANG BAHAY CTC No. ____________ issued atfon

known to me to be the same persons who executed the foregoing instrument, denominated as a Contract
of Lease consisting of __ pages, signed on each and every page by the parties and their instrumental
witnesses, having acknowledged the same before me as their own free and voluntary act and deed.

TO THE TRUTH OF THE FOREGO!NG, witness now my hand and seal on the date and place
mentioned above.

N.O. TAR!O
Until December 31, 2007
PTR No. 0000111f1f05f99, Nakati City
Doc. No.
Page No.
Book No.
Series of 2007.

Comment: 1976, 1987, 1988 and
1996 Bar Question
57
D. Holographic Will

San Juan, Netro Nanila
7 July 2007

! hereby execute this holographic will, in my handwriting and in the English language which !
know how to read and write, bequeathing my house and lot located at No. 555, Tuna Road, Narinara
Subdivision, Quezon City to my son, PABL!NG S!A JR., and cash amounting to Fifty Thousand Pesos
(P50,000) to my spouse, PAL!NG KERA.

(Sgd.) PABL!NG S!A SR.

E. Notarial Will

LAST W!LL AND TESTANENT
of
PABL!NG S!A, SR.


!, PABL!NG S!A, SR., of legal age, married to PAL!NG KERA, a native of Lipa City, Batangas, now
actually residing at San Juan, Netro Nanila, being of sound and disposing mind and memory, and not
acting under influence, violence, fraud or intimidation of whatever kind, declare this to be my Last Will
and Testament which ! have caused to be written in English, the language which is known to me. And !
hereby declare that:

!. The following are my children and their addresses;

(Name of children and addresses)

!!. ! give and bequeath to my children __________, __________, and __________,
in equal shares, the following properties, real and personal, whatsoever and
wheresoever located:

(Description of property)

!!!. ! designate _______________ as the sole executor of this Last Will and
Testament.

!N W!TNESS WHEREOF, ! have set my hand this 7
th
day of July 2007 in San Juan, Netro Nanila.

(Sgd.) PABL!NG S!A, SR.

Comment: 1975, 1986 and 1988
Bar Exams
Comment: 1979, 1983 and 2004
Bar Exams
58
F. Attestation Clause for a Notarial Will

ATTESTAT!ON CLAUSE

WE, the undersigned witnesses, whose residences are stated opposite our respective names, do
hereby certify that: the testator _________________ has published unto us the foregoing will consisting
of ___ pages numbered correlatively in letters on the upper part of each page, as hisfher last will and
testament and has signed the same and every page thereof, on the left margin, in our joint presence and
we, in turn, at hisfher request have witnessed and signed the same and every page thereof, on the left
margin, in the presence of the testator and in the presence of each other.

SAKS! 1 Residence
SAKS! 2 Residence
SAKS! 3 Residence

G. Acknowledgment of a Notarial Will

JO!NT ACKNOWLEDGNENT

BEFORE NE, Notary Public for and ! the City of San Juan, Philippines, this 7
th
day of July, 2007,
personally appeared:

PABL!NG S!A, SR. (Testator), with valid !dentification Document _______ issued by
(official agency), on 6 July 2006;

SAKS! 1 (Witness), with valid !dentification Document _______ issued by (official
agency), on 6 July 2006;



all known to me to be the same persons who signed the foregoing Will, the first as testator and the last
three as instrumental witnesses, and they respectively acknowledged to me that they signed the same as
their own free act and deed.

This Will consists of ___ pages, including the page in which this acknowledgment is written, and
has been signed on the left margin of each and every page thereof by the testator and his witnesses and
has been sealed with my Notarial seal.

!N W!TNESS WHEREOF, ! have set my hand the day, year and place written.

(Sgd.) N. O. TAR!O
Notary Public
Until __________________
PTR No. _______________
!ssued at ______________
On ___________________

Doc. No.
Page No.
Book No.
Series of 2007.

Comment: This applies also to
Donations Mortis Causa, which
are essentially wills. Not
applicable, however, to donations
inter vivos.
Comment: There must be at least
3 instrumental witnesses.
59
H. Donation Inter Vivos

DEED OF DONAT!ON


This Deed of Donation, made and executed by LAL!N BULSA, of legal age, singlefmarried, and
resident of _______________ (Donor") in favor of DAN! UTANG, of legal age, singlefmarried and
resident of _________________ (DONEE") W!TNESSETH:

That the DONOR is the owner of that certain real property with the buildings and improvements
thereon, situated in _________________, and more particularly described in OriginalfTransfer Certificate
of Title No. ____ of the land registry of _____________, as follows:

(Copy description of property in title)

That for and in consideration of the love and affection which the DONOR has for the DONEE, the
said DONOR, by these presents, transfers and conveys, by way of donation, unto said DONEE, hisfher
heirs and assigns, the above described real property with all the buildings and improvements thereon,
free from all liens and encumbrances;

That the DONOR does hereby state, for the purpose of giving full effect to this donation, that
hefshe has reserved for himselffherself in full ownership sufficient property to support himfher in a
manner appropriate to hisfher needs;

That the DONEE does hereby accept this donation of the above-described property, and does
hereby express gratitude for the kindness and liberality of the DONOR.

!N W!TNESS WHEREOF, the DONOR and the DONEE have signed this deed on 7 July 2007 and at
Quezon City, Philippines.

LAL!N BULSA
Donor

ACCEPTED:

DAN! UTANG
Donee


(Sgd.) N!RON 1

(Sgd.)N!RON 2

PLUS: Acknowledgment

60
I. Acknowledgment of Nominee Status with Assignment of Shares

ACKNOWLEDGNENT OF NON!NEE STATUS W!TH ASS!GNNENT OF SHARES

!, GEORD! LA FORGE, (Nominee"), of legal age, and with office address at __________, hereby
acknowledge my status as nominee for W!LL!AN R!KER (the Principal") for the purpose of holding title
to ___ shares of stock in the Enterprise Holdings !nc. (the Corporation"). As nominee, ! hereby
unequivocally confirm that the Principal is the exclusive and absolute owner of the subject shares.
Accordingly, the relationship between the principal and the nominee with respect to the subject shares is
governed by the following terms and conditions:

1. All dividends, whether cash, stock or property, rights and other privileges, accruing
on the subject share shall be for the account and benefit of the principal; accordingly,
the nominee shall deliver the same to the principal and whoever the latter may
designate.

2. Director's fees and other amounts received by way of compensation for services
rendered by the nominee shall be for the account and benefit of the nominee.

3. The principal shall save the nominee free and harmless from any liability, whether for
unpaid subscriptions, taxes or otherwise, that may arise as a result of the nominee's
holding title to the subject shares for and on behalf of the principal.

+. The nominee hereby assigns, transfers, and conveys the subject shares to the
principal free from all liens and encumbrances and hereby undertakes to execute the
necessary instruments to transfer title over the subject shares to the principal or to
whoever the latter may designate.

5. This acknowledgment of nominee status shall bind the nominee's heirs, executors,
administrators and other successors-in-interest.

Done this 7
th
day of July 2007 at Quezon City.

GEORD! LA FORGE
Nominee

W!TH NY CONFORN!TY:

W!LL!AN R!KER
Principal

W!TNESSES:

(Sgd.) UZ! 1

(Sgd.) UZ! 2


61
J. Secretary's Certificate

SECRETARY'S CERT!F!CATE

!, DEANNA TRO!, of legal age, with office address at __________________, on the basis of the
corporate records, do hereby certify that under oath that:

1. ! am the Corporate Secretary of ENTERPR!SE HOLD!NGS !NC. (corporation"), a corporation
duly organized and existing under Philippine laws, with the same office address given above.

2. At a meeting of the Board of Directors of the corporation held on ___________, at which
meeting a quorum was present and obtained throughout, the following resolution(s) was (were)
unanimously approved and adopted:

RESOLvED, that ...................

3. The foregoing resolution has not been revoked, amended or in any manner modified and
accordingly, the same may be relied upon until a written notice to the contrary is issued by the
corporation.

!N W!TNESS WHEREOF, ! have set my hand to this certification on ____ at ______________.

DEANNA TRO!
Corporate Secretary

ATTESTED:

JEAN-LUC P!CARD
President

PLUS: Jurat

K. Board Resolutions
1. Authority to Act

Board Resolution No. ___

RESOLvED, that Nr. Jean-Luc Picard, as Chairperson and Chief Executive Officer
of Enterprise Holdings be authorized, as he is hereby authorized, to enter into any and
all transactions with the representatives of the Ferengi Trade Federation, as may prove
to be beneficial to the corporation in his own opinion and determination.

Approved and adopted this 7
th
day of July, 2007 at Nakati City, Philippines.

(Name of Directors)

2. Increase in number of directors and necessary amendment to the Articles of
Incorporation

Board Resolution No. ___

RESOLvED, by a vote of stockholders representing more than 2f3 of the
subscribed and paid up capital stock, to !NCREASE the number of Directors of the
Corporation from five (5) to seven (7) and to ANEND the Articles of !ncorporation to
reflect this increase.

Approved and adopted this 7
th
day of July, 2007 at Nakati City, Philippines.

(Name of Directors)

Comment: Sometimes, it may be
necessary to specify whether the
meeting was a special or general
meeting.
62
L. Deed of Assignment

DEED OF ASS!GNNENT


!, DAN! SHARES, of legal age, Filipino and resident of ________________, for and in
consideration of the sum of ____________________ Pesos (P_____), receipt of which is hereby
acknowledged do hereby assign, cede, transfer and convey unto DAN! LUPA, likewise of legal age, and
resident of ______________, all hisfher rights, title, ownership and interest over its subscription to One
Hundred Thousand (100,000) shares of the capital stock of _________ Corporation, including advances
due from said corporation. !t is, however, understood that the assignee shall assume any and all unpaid
subscription on the said shares.

The assignor hereby irrevocably constitute, name and appoint the assignee to be hisfher true and
lawful attorney-in-fact to make representations with the corporate secretary and to cause the annotation
of this assignment in the books of the corporation.

!N W!TNESS WHEREOF, the assignor has signed this deed on 7
th
day of July, 2007 at the City of
Nanila.

DAN! SHARES
Assignor


(Sgd.) N!RON 1

(Sgd.) N!RON 2


63
M. Deed of Sale of Registered Land {unilateral)

Nakati City ) s.s.

DEED OF ABSOLUTE SALE


!, NA YA NAN, Filipino, single, and resident of _________________________, for and in
consideration of the amount of _______________________, paid to me today by NA GU LANG, Filipino,
single and resident of ________________ do hereby SELL, TRANSFER and CONvEY absolute and
unconditionally unto said NA GU LANG that certain parcel(s) of land, together with the buildings and
improvements thereon situated in the City of Nakati, and more particularly described as follows:

(Technical Description of propertyfies; specify metes and bounds of the
propertyfies with approximate area thereof, as indicated on the face of the title)

of which ! am the registered owner in fee simple, my title thereto being evidenced by Transfer (or
Original) Certificate of Title No. ______, issued by the Register of Deeds of Nakati City.

!t is hereby mutually agreed that the vendee shall bear all expenses for the execution and
registration of this deed of sale.

!N W!TNESS WHEREOF, ! have signed this deed this 7
th
day of July, 2007 at Nakati City.

NA YA NAN
vendor

[Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. !f
vendor is married, then add the following:|

With my consent:

ASA WA
vendor's Wife


(Sgd.) N!RON 1

(Sgd.) N!RON 2


Comment: 1979, 1983, 1984,
1989, 1991 and 1997 Bar Exams
6+
N. Deed of Sale of Unregistered Land {unilateral)

Nakati City ) s.s.

DEED OF ABSOLUTE SALE


!, NA YA NAN, Filipino, single, and resident of _________________________, for and in
consideration of the amount of __________, paid to me today by NA GU LANG, Filipino, single and
resident of _______________________ do hereby SELL, TRANSFER and CONvEY absolutely and
unconditionally unto said NA GU LANG that certain parcel(s) of land, together with the buildings and
improvements thereon situated in the City of Nakati, and more particularly described as follows:

(Description: state the nature of each piece of land and its improvements, situations and
boundaries, area in square meters, whether or not the boundaries are visible on the land
by means of monuments or otherwise; and if they are, what they consist of, the
permanent improvements, if any, the page number of the assessment of each property
for current year or years when registration is made, the assessed value of the property
for the year)

!t is hereby declared that the boundaries of the foregoing land are visible by means of
_______________; that the permanent improvements existing thereon consist of _________ (if none,
state so); that the land is assessed for the current year at P______________ as per Tax Declaration No.
__________, and the buildings andfor improvements , at P____________ as per Tax Declaration No.
_________, of the City Assessor of Nakati.

The above described real estate, not having been registered under Act No. +96 nor under the
Spanish Nortgage Law, the parties hereto have agreed to register this instrument under the provisions of
Sec. 19+ of the Revised Administrative Code, as amended.

th

NA YA NAN
vendor


With my consent:

ASA WA
vendor's Wife


(Sgd.) N!RON 1

(Sgd.) N!RON 2


65
O. Deed of Sale with Pacto de Retro {bilateral)

Nakati City ) s.s.

DEED OF SALE W!TH PACTO DE RETRO

This Deed of Sale with Pacto de Retro made and executed by and between:

NA YA NAN, Filipino, of legal age, married to ASA WA, with residence at
___________________ (vENDOR),

- and -

NA GU LANG, Filipino, of legal age, married to BA TAPA, with residence
at ____________ (vENDEE);

W!TNESSETH: That-

The vENDOR is the absolute owner of a certain parcel of land with all the buildings and
improvements thereon, situated in the City of Nakati, and more particularly described, as follows:

(Copy technical description in TCTfOCT)

his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the Register of
Deeds of Nakati;

The vENDOR, for and in consideration of the amount of _________________ Pesos (P_____), to
him paid by vENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONvEY
under pacto de retro unto the said vENDEE, his heirs and assigns, the property with all the buildings and
improvements thereon, free from all liens and encumbrances whatsoever;

The vENDOR, in executing this conveyance, hereby reserves the right to REPURCHASE, and the
vENDEE, in accepting the same, hereby obligates himself to RESELL the property herein conveyed within
a period of ____ years from date of this deed for the same price of ______________ (P____); Provided,
however, that if the vENDOR shall fail to exercise his right to repurchase as herein granted within the
period provided, then this conveyance shall become absolute and irrevocable, without need of a new
Deed of Absolute Sale, subject to the requirements of law regarding consolidation of ownership of real
property.

th

NA YA NAN NA GU LANG
vendor vendee

With my marital consent: With my marital consent:
ASA WA BA TAPA


(Sgd.) N!RON 1

(Sgd.) N!RON 2


66
P. Deed of Repurchase of land sold under Pacto de Retro

Nakati City ) s.s.

DEED OF RESALE


!, NA GU LANG, Filipino, married, of legal age, and resident of _______________, for and in
consideration of _______________ Pesos (P____), to me paid by NA YA NAN, Filipino, of legal age,
married and resident of ___________________, do hereby RESELL, RETRANSFER and RECONvEY unto
said NA YA NAN that certain parcel of land, with all the buildings and improvements thereon, situated at
Nakati City, and more particularly described, as follows:

(Copy technical description in title)

covered by Transfer (or Original) Certificate of Title No. ____ of the Registry of Deeds of Nakati, and
which property was previously sold to under pacto de retro by the said NA YA NAN on _____________,
executed before Notary Public __________ and bearing Notarial Registration No. ___, Page No. ____,
Book No. ____ and Series of 20__ of his Notarial Register, a copy of which is attached as ANNEX A.

th
of July, 2007 at Nakati City.

NA GU LANG
vendor


With my consent:

BA TAPA
vendor's Wife


(Sgd.) N!RON 1

(Sgd.) N!RON 2


67
Q. Deed of Sale with Mortgage

Nakati City ) s.s.

DEED OF SALE W!TH NORTGAGE

This Deed of Sale with Pacto de Retro made and executed by and between:

NA YA NAN, Filipino, of legal age, married to ASA WA, with residence at
___________________ (vENDOR-NORTGAGEE),

- and -

NA GU LANG, Filipino, of legal age, married to BA TAPA, with residence
at ____________ (vENDEE-NORTGAGOR);

W!TNESSETH: That-

The vENDOR-NORTGAGEE is the absolute owner of a certain parcel of land with all the buildings
and improvements thereon, situated in the City of Nakati, and more particularly described, as follows:

(Copy technical description in TCTfOCT)

his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the Register of
Deeds of Nakati;

The vENDOR, for and in consideration of the amount of _________________ Pesos (P_____), to
him paid by vENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONvEY
unto the said vENDEE, his heirs and assigns, the property with all the buildings and improvements
thereon, free from all liens and encumbrances whatsoever;

!t is hereby agreed and stipulated that the UNPA!D BALANCE OF ____________ Pesos (P____),
of which amount _________________Pesos (P_____) shall be paid by the vENDEE-NORTGAGOR to the
vENDOR-NORTGAGEE at the latter's residence, as follows:

(State manner of payment)

!n order to guarantee the fulfillment of the above obligations, the vENDEE-NORTGAGOR does
hereby NORTGAGE unto the said vENDOR-NORTGAGEE, his heirs and assigns, the property described,
together with all the buildings and improvements thereon, under the express stipulation that if the said
vENDEE-NORTGAGOR shall pay or cause to be paid unto the vENDOR-NORTGAGEE the obligations, then
this Nortgage shall be of no further force and effect; otherwise, the same shall remain in full force and
effect and shall be enforceable in the manner prescribed by law.

th

NA YA NAN NA GU LANG
vendor vendee

With my consent: With my consent:
ASA WA BA TAPA
vendor's Wife vendee's Wife


(Sgd.) N!RON 1

(Sgd.) N!RON 2


68
R. Dacion en Pago {Deed of Assignment of Real Estate in payment of debt)

DEED OF ASS!GNNENT


This Deed of Assignment, made and executed by and between DAN! UTANG, Filipino, of legal
age, married to ALANG NALAY, with residence at _____________ (ASS!GNOR) and DAN! LUPA, Filipino,
of legal age, married to B!L NOKO, with residence at _______________ (ASS!GNEE), W!TNESSETH:

That the ASS!GNOR is indebted to the ASS!GNEE in the sum of ___________ Pesos (P______)
and in full payment and complete satisfaction thereof hereby assign, transfer and convey unto the
ASS!GNEE that certain real estate with all the buildings and improvements thereon, situated in
___________, and more particularly described as follows:

(Description of property assigned)

of which real estate the ASS!GNOR is the registered owner, his title thereto being evidenced by Transfer
(or Original) Certificate of Title No. ____________ of the Register of Deeds of _____________.

That the ASS!GNEE does hereby accept this assignment in full payment of the above-mentioned
debt of ______________ Pesos (P_________).

!N W!TNESS WHEREOF, the parties have signed this Deed on 7 July 2007 at Nakati City.

DAN! UTANG DAN! LUPA
Assignor Assignee

With my marital consent:
ALANG NALAY B!L NOKO
Assignor's Wife Assignee's Wife


69
S. Chattel Mortgage

Nakati City ) s.s.

CHATTEL NORTGAGE


That !, DAN! KOTSE, of legal age, married and resident of Nakati, for and in consideration of the
loan of F!vE HUNDRED THOUSAND PESOS (P500,000.00), granted to me by YANAN NYA, also of legal
age, married and resident of Nakati, to be paid one (1) year from date hereof, have transferred and
conveyed by way of chattel mortgage unto said YANAN NYA, his heirs, successors and assigns, free from
all liens and encumbrances that certain motor vehicle, at present in my possession at my address, more
particularly described as:

NodelfNake No.fColor : BNW 738i (1998), racing green;
Chassis No. : 00000001111;
Engine No. : 00000001111;

of which ! am the true and absolute owner by title thereto, being evidenced by Registration Certificate of
Notor vehicle No. ______ issued in my name by the Land Transportation Office on
__________________.

This chattel mortgage has been executed in order to secure the full and faithful payment of my
obligation to YANAN NYA in accordance with the terms and conditions of this instrument; Upon payment,
this contract shall become null and void; otherwise, it shall continue in full force and effect and may be
foreclosed in accordance with law.

!N W!TNESS WHEREOF, ! have signed this instrument on 7 July 2007 at Nakati City.

DAN! KOTSE

Affidavit of Good Faith

We severally swear that DAN! KOTSE, mortgagor, and YANAN NYA, mortgagee, have executed
the foregoing Chattel Nortgage in order to guarantee as good and binding the obligations mentioned
above and is not intended to defraud creditors.

YANAN NYA DAN! KOTSE

Signed in the presence of:

UZ! 1 UZ! 2


Comment: Please attach this
particularly to a chattel mortgage.
70
VII. APPEALS AND OTHER RESORTS TO APPELLATE COURTS IN CRIMINAL AND CIVIL
PROCEDURE
A. Ordinary appeals
1. in civil cases
a. from MTC {in original jurisdiction) to RTC {in appellate jurisdiction)
Checklist:
15 days from notice of judgment or final order
Notice of Appeal (Rule +0, Sec. 3)
o Parties
o Judgment or final order appealed from
o Naterial dates showing timeliness of appeal
Proof of payment of appellate court docket and other lawful fees (Rule +0, Sec. +)
Nemorandum for Appellant and Appellee (Rule +0, Sec. 7)

b. From RTC {in original jurisdiction) to CA
Checklist:
Notice of Appeal
Brief for Appellant
o Subject !ndex of the matter in brief
o Assignment of Errors
o Statement of the Case
o Statement of the Facts
o Statement of the !ssues
o Argument
o Relief
o Copy of judgment or final order appealed from
Brief for Appellee (same as Brief for Appellant, except copy of judgment)
Appellant's Reply Brief
Nemorandum (in special cases)
o Statement of the Case
o Statement of the Facts
o Statement of the !ssues
o Argument
o Relief

2. in criminal cases
a. From MTC {as trial court) to RTC {in appellate jurisdiction)
Checklist:
Notice of Appeal
Appellant's BrieffNemorandum
Appellee's BrieffNemorandum

b. From RTC {as trial court) to CA
Checklist:
Notice of Appeal

c. From RTC {as trial court) to SC
Checklist:
Notice of Appeal
Comment: Rules 40, 42, 43, 44,
122
Comment: Rule 40
Comment: Rule 41
Comment: Rule 122, sec. 1(a)
Comment: Rule 122, sec. 1(b),
sec. 3(a)
Comment: Rule 122, sec. 3(c); the
ONLY instance when an ordinary
appeal from the RTC is with the
Supreme Court and where resort
is made by simple notice of
appeal; the only ground is where
the penalty imposed is reclusion
perpetua or life imprisonment or
where a lesser penalty is imposed
but involving offenses committed
on the same occasion or arising
out of the same occurrence that
gave rise to the more serious
offense for which the penalty of
death or life
imprisonment/reclusion perpetua
is imposed.
71
B. Petitions for Review
1. From RTC {as appellate court) or from quasi-judicial agencies to CA
Checklist:
extension of 15 days only
Full names of petitioner and respondent
Statement of Naterial Dates
Statement of Naterial Averments
Statement of !ssues, Errors of Fact or Law
Argument
verification and Certification against Forum Shopping
Attachments
o Certified true copy or duplicate original copy of judgmentffinal order questioned
o Clear and legible copy of all pleadings and other material portions of the record
Proof of Service and Explanation for Service by Registered Nail (if applicable)

2. From RTC {on pure questions of law) or CA {in appellate jurisdiction) to SC
Checklist:
extension of 30 days
Names of petitioner and respondent (without impleading the lower courtfjudgefjustice)
Statement of Naterial Dates
Naterial Allegations, Reasons or Arguments for allowance of petition
verification and Certification against Forum Shopping
Attachments
o Certified true copy or duplicate original copy of judgmentffinal order questioned
o Clear and legible copy of all pleadings and other material portions of the record
Proof of Service and Explanation for Service by Registered Nail (if applicable)

Comment: Rules 42, 43, 45, 122
Comment: Rules 42 and 43
Comment: Rule 42, sec. 1; Rule
43, sec. 4
Comment: See also Rule 122, sec.
1(b); Rule +5, sec. +
Comment: Rule +5, sec. 2

Legal Forms

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Legal Forms

Uploaded by

Copyright:

Available Formats

PLEADINGS, PETITIONS, MOTIONS AND OTHER

JUDICIAL AND LEGAL FORMS

You might also like