ON WRITING, LEGALLY

(2009 Revision)1

THEODORE O. TE2

Intended for Exclusive Use of the University of the Philippines College of Law Bar Examination Candidates for 2009 in the Professional Enhancement Program-Bar Review 2009 Any other use, without permission of the author, is prohibited and all legal rights are reserved.

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These forms were first made in 1997 and distributed n 1998 for use in the UP-LSG Bar Ops for that year; its was formerly titled “Pleadings, Petitions, Motions and Other Legal and Judicial Forms”. It was last revised in this form 2007; the contents are also published by CDAsia as “Philippine Legal and Judicial Forms” and copyright is owned by the Author. All rights are reserved.. 2 Assistant Professor, University of the Philippines; Vice President for Legal Affairs, University of the Philippines; Former Director, Office of Legal Aid; Ll.B., U.P. (1990); Grateful acknowledgement is given to Atty. Feliz Marie M. Guerrero, J.D. U.P. (2008) for invaluable assistance in re-formatting, proofreading and updating of legal references.

TABLE OF CONTENTS
Table of Contents On Writing, Legally I. COMMON FORMS A. Caption and Title B. Prayer C. Jurat D. Verification E. Certification against Forum Shopping F. Combined Verification and Certification against Forum Shopping G. Combined Verification, Certification against Forum Shopping, and Statement of Material Dates H. Request for and Notice of Hearing I. Proof of Personal Service J. Proof of service by registered mail (with Explanation for failure to serve personally) K. Place, date, signature, address, Roll number, IBP receipt number, PTR number L. Acknowledgement M. Notice of Appeal II. PLEADINGS AND OTHER LEGAL DOCUMENTS IN CIVIL PROCEDURE A. Complaint (and other initiatory pleadings) 1. Complaint for ejectment with damages 2. Complaint for sum of money 3. Complaint for Replevin 4. Complaint to set period of years for lease B. Answer with affirmative defenses and counterclaims 1. Answer with compulsory counterclaim 2. Answer with counterclaim and cross-claim C. Pre-trial Brief D. Motions 1. Motion to Dismiss (with Request for and Notice of Hearing) 2. Motion for leave of court to file pleading (with explanation for service by registered mail) 3. Motion for Judgment on the Pleadings 4. Ex parte motion to set for trial 5. Motion for postponement 6. Motion for extension of time 7. Motion to declare defendant in default 8. Motion to lift order in default E. Special Civil Actions
1. Certiorari (with Injunction and/or TRO), Prohibition and Mandamus

ii v 1 1 1 2 2 2 3 3 3 4 4 5 5

6 7 8 9 10 12 13 15 16 17 18 19 20 21 22

a. Certiorari b. Prohibition c. Mandamus 2. Quo warranto, Interpleader, Quieting of Title, and Declaratory Relief a. Complaint in Interpleader ii

23 24 25 26

b. Action to Quiet (or Remove Cloud on) Title c. Action for Declaratory Relief d. Quo Warranto III. PLEADINGS AND OTHER LEGAL FORMS IN CRIMINAL PROCEDURE A. Complaint-Affidavit and Counter-Affidavit 1. Complaint-Affidavit 2. Counter-Affidavit B. Information and Complaint 1. Information (with Certificate of Preliminary Investigation or Inquest) a. Bigamy b. Theft c. Attempted Rape d. Frustrated Murder C. Motions 1. Motion to Quash Information 2. Motion to Quash Search Warrant 3. Motion to Suppress Evidence 4. Motion for Bail D. Application for Bail PLEADINGS AND OTHER LEGAL DOCUMENTS COMMON TO CIVIL AND CRIMINAL PROCEDURE A. Offer of Evidence and Opposition/Comment to Offer 1. Formal Offer of Evidence 2. Comment/Opposition to Offer B. Demurrer to the Evidence 1. Criminal cases 2. Civil cases C. Notice of Lis Pendens D. Appearance as Counsel E. Withdrawal as Counsel 1. Withdrawal with conformity of client 2. Withdrawal without conformity of client F. Substitution of Counsel G. Notice of Appeal PLEADINGS AND LEGAL DOCUMENTS ON DOMESTIC CASES AND SPECIAL PROCEEDINGS A. Petition for Habeas Corpus B. Petition for Adoption C. Petition for Declaration of Nullity of Marriage with Application for Provisional Orders D. Petition for Probate of Holographic Will DEEDS, CONTRACTS AND OTHER CORPORATE LEGAL DOCUMENTS A. Special Power of Attorney B. General Power of Attorney C. Contract of Lease D. Holographic Will iii

27 28 29

30 31

33 34 35 36 37 38 39 40 41

IV.

42 43 44 45 46 47 48 48 49 49

V.

50 51 52 54 55 55 56 57

VI.

E. F. G. H. I. J. K.

L. M. N. O. P. Q. R. S. VII.

Notarial Will Attestation Clause for a Notarial Will Acknowledgement of a Notarial Will Donation Inter Vivos Acknowledgment of Nominee Status with Assignment of Shares Secretary’s Certificate Board Resolutions 1. Authority to Act 2. Increase in number of directors and necessary amendment to the Articles of Incorporation Deed of Assignment Deed of Sale of Registered Land (unilateral) Deed of Sale of Unregistered Land (unilateral) Deed of Sale with Pacto de Retro (bilateral) Deed of Repurchase of land sold under Pacto de Retro Deed of Sale with Mortgage Dacion en Pago (Deed of Assignment of Real Estate in payment of debt) Chattel Mortgage

57 58 58 59 60 61 61 61 62 63 64 65 66 67 68 69

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) b. from RTC (in original jurisdiction) to CA 2. in criminal cases a. from MTC (as trial court) to RTC (in appellate jurisdiction) b. from RTC (as trial court) to CA c. from RTC (as trial court) to SC B. Petitions for Review 1. from RTC (as appellate court) or from quasi-judicial agencies to CA 2. from RTC (on pure questions of law) or CA (in appellate jurisdiction) to SC

70 70 70 70 70 70 71 71

VIII. FORMS RELEVANT TO THE WRITS OF AMPARO AND HABEAS DATA A. Amparo B. Habeas Data

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is difficult and painful. with words that are clear and concise. Not only must the writer know the arguments and the bases for his arguments. the greater the need for a lawyer. the need to write concisely. 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. Indeed. LEGALLY “Therefore. 11:9. its name was called Babel. Motions and Other Legal and Judicial Forms seeks to do is to put forth the need to write clearly and concisely. 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. My favorite. 3 4 The use of the word is deliberate and intended to be ironic--to demonstrate the point. Why waste five words when only three will do?4 But change. And to add to the Babelish situation. When a judge’s attention span is short and his reading backlog is long. precisely and not pedantically becomes absolutely urgent. There is a sea change. is trained to think in archaic words and phrases–legalese–which appear to have great legal significance but are actually too imprecise to help anyone understand what is going on. by the undersigned counsel. as always. the Plaintiff. Petitions. who eventually becomes a lawyer. with its own subculture and lingo. but she must also realize that these arguments need to be presented in a manner that is technically sufficient. when the most common means now of communicating is faster than sound SMS. The language of the law mystifies and with this comes the power of the lawyer for the more obscure and obtuse 3 the language. and many of my students will attest to this. What this Forms book seeks to do is to assist the fledgling5 and seasoned legal pleader. ESV If brevity is the soul of wit. because there the Lord confused the language of all the earth. is the absolutely archaic “Comes Now. respectfully states that”. Throughout four or five years of law school. v . precisely but not pedantically. however. precise not pedantic. however. History has given us many language handicaps and obstacles to clarity and precision. thus: “Plaintiff. going on in legal writing. by counsel. More and more. when 6 will do. precise not pedantic. there must be a re-examination of the archaic and pedantic manner by which legal writing presents itself. drafter and advocate by presenting in the form they are required to appear. it is an essential response to today’s evolving legal profession.ON WRITING. the law student. respectfully states that” as part of every pleading.” – Genesis. there are hundreds of words in a dead language–Latin– that have little relevance to the contemporary world. unto this Honorable Court. Writing concisely and not pedantically. Why waste 15 words. clearly. pleaders are asked to be clear and concise. What this short introduction to the accompanying handbook of Pleadings. 5 It was originally intended as a bar examination guide and as a teaching tool for evidence and procedure classes. 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. Yet.

with checklists 6 of legal requirements and short annotations. at some point in time. it is hoped that it might prove helpful as well when September ends 7 and life. begins in earnest. (Ll. Theodore O. as a lawyer.It is hoped that the forms presented here. aptly become an unofficial anthem of sorts for some bar examinees. an American punk band. Much more apt perhaps than “ My Way” which starts with. Quezon Hall (Southwing).” vi . 1990) for the original template of the Checklists. primarily. “And now the end is near. will provide the impetus for demystifying legal writing and legal drafting. entitled “ Wake Me Up When September Ends”. which has absolutely nothing to do with the bar or taking the bar (as it refers to a death in the family) except the month referred to in the title and the yearning expressed to see the month end. which have been updated to suit current practice. While this handbook was produced.. with updates to fit the current state of the Rules. University of the Philippines. These forms come from actual forms used in the author’s practice. with bar examinees and the law intern or law student in mind. Alex M. some from worthy opponents and still some from traditional form books. Te 3 Floor.B. UP. Diliman. It has. Quezon City rd 6 Acknowledgment is given to Atty. Enriquez. 7 The reference is to the song by Green Day.

50.000) for actual and compensatory damages. Series of 2007. Book No. Fifty Thousand Pesos (Php.000) for exemplary damages. _______________ issued on __________________ at _____________________. Plaintiff. after notice and hearing._______________ ______________________. Jurat SUBSCRIBED AND SWORN TO before me in the City of _______________ on this day of _________________. Page No.) N. and Fifty Thousand Pesos (Php. Defendant.000. 1 . affiant exhibiting before me his Government Issued ID no. O.1. Prayer PRAYER WHEREFORE it is respectfully prayed.50. _______________ Issued at ______________ On ___________________ Doc. -versusNo.50. Caption and Title Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 1. that the defendant be ordered to pay the plaintiff the amount of One Million Pesos (Php. Fifty Thousand Pesos (Php. x------------------x B. Manila ____________________.000) for moral damages.000) for attorney’s fees. No. COMMON FORMS A.I. TARIO Notary Public Until __________________ PTR No. Other just and equitable reliefs are also prayed for. (Sgd. Civil Case For _______________________ C.

2. (Sgd.s. should I learn of such a case. Habeas Corpus e.) C.D. (Sgd.s. of legal age.K. Mandamus d.K. Complaints with application for injunction or attachment 4. Hilfiger. there is no such pending action or claim. after having been duly sworn in accordance with law deposes and states 1. If 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. To the best of his knowledge.K. He is the plaintiff in the case entitled (title of the case). Hilfiger. I have signed this instrument on _____________. He is the plaintiff in the pleading/document entitled (pleading/document being verified) 2. after having been duly sworn in accordance with law.K. C. I shall notify the court within five (5) days from my notice.) C. IN WITNESS WHEREOF.) C. HILFIGER PLUS: Jurat F. caused this Complaint to be prepared. I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that. He has caused its preparation 3.K. Unlawful detainer c. Answer to complaint or counterclaim based on actionable documents 5. He has read it and the allegations therein are true and correct of his own knowledge or based on authentic records. Forcible entry b. Verification VERIFICATION Republic of the Philippines City of _______________ ) ) s. do hereby state that: I am the Chief Executive Office of Alis Di-yan Company and in such capacity. He certifies that he has not commenced any action or filed any claim involving the same issues before any other court. Petitions for a. (Sgd. C. Change of Name E. All pleadings under the Rules of Summary Procedure 2. Hilfiger. Prohibition c. Certification against Forum Shopping CERTIFICATION AGAINST FORUM SHOPPING Republic of the Philippines City of _______________ that: ) ) s. Certiorari b. HILFIGER PLUS: Jurat 2 . tribunal or quasi-judicial agency. Complaints for a. 4. I have read its contents and affirm that they are true and correct to the best of my own personal knowledge. deposes and states that: 1.K. C. HILFIGER PLUS: Jurat NOTE: Pleadings required to be verified 1. Combined Verification and Certification against Forum Shopping VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING I. 3. Replevin 3.

C. caused this Complaint to be prepared. IN WITNESS WHEREOF. Quezon City 3 . Mitch McDeere Counsel for the Defendant 2 The Firm Laguna Street. Request for and Notice of hearing REQUEST FOR & NOTICE OF HEARING THE BRANCH CLERK OF COURT Metropolitan Trial Court Quezon City. and VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING I.) C. I have received a copy of the [Order/Resolution/Decision] of the Court on 13 April 2007. 13 April 2007 at 8:30 in the morning. I have signed this instrument on _____________. Quezon City Please take notice that counsel has requested to be heard on Friday. (Sgd. Hilfiger. should I learn of such a case.K.G. Quezon City I.K. Combined Verification. Proof of personal service Copy furnished through personal service: Atty. of legal age. I have read its contents and affirm that they are true and correct to the best of my own personal knowledge. HILFIGER H. I shall notify the court within five (5) days from my notice. PLUS: Jurat (Sgd. I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that. do hereby state that: I am the Chief Executive Office of Alis Di-yan Company and in such capacity. 13 April 2007 at 8:30 in the morning. ATTICUS FINCH 1 MockingBird Street Timog Avenue. Certification Statement of Material Dates against Forum Shopping. Branch 39 Please submit the foregoing Motion 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.) MITCH MCDEERE Counsel for Defendant 2 The Firm Laguna Street.

4 .s. after being duly sworn. deposes and states: That on ______________________. a messenger of Atty. Mitch McDeere Counsel for the Defendant 2 The Firm. Rule 13 of the Rules of Court: Nature of Pleading/Paper ________________________ ________________________ in Case No. 13 April 2007. Quezon City. (Sgd.) HARPER LEE Affiant PLUS: Jurat K. date and place of issue MCLE Compliance/Exemption No. IBP OR No.J. address. Philippines.) ATTICUS FINCH Republic of the Philippines City of _______________ ) ) s.. Metro Manila (Telephone. (Sgd. Proof of service by registered mail (with Explanation for failure to serve personally) Copy furnished through registered mail: Atty. Fax. Email) Roll No. I served a copy of the following pleadings/papers by registered mail in accordance with Section 10. Laguna Street. Atticus Finch. HARPER LEE. Mitch McDeere Counsel for the Defendant 2 The Firm Laguna Street. with office address at __________________. Quezon City Registry Receipt No. ________ Post Office ________________ Date _____________________ EXPLANATION The foregoing (designation of pleading. Mitch McDeere 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. plainly addressed to (name of party or his/her attorney) at _______________ with postage fully paid. as evidenced by Registry Receipt No. Roll number. I have signed this Affidavit on 13 April 2007. motion. Atty. Place. TO THE TRUTH OF THE FOREGOING. AFFIDAVIT I. IBP receipt number. _________________ entitled ____________________ by depositing a copy in the post office in a sealed envelope. MCLE Compliance or Exemption Number. date. Contact Details City of Manila.) and its attachment were served on Atty. date and place of issue PTR OR No. signature. PTR number.. in the City of Manila. _____________________ attached and with instructions to the post master to return the mail to sender after ten (10) days if undelivered. etc.

(Sgd. No. Quezon City. on the left margin. M. year and place written. NOTE: If the instrument conveys 2 or more parcels of land. a copy of which he received on 26 April 2007. Book No. include the following after the 1 st paragraph: This instrument relates to the sale (or mortgage) of ___ parcels of land. has been signed on the left margin of each and every page thereof by ___________ and his witnesses (if any). and consists of ___ pages including the page on which this acknowledgment is written. known to me to be the same person who executed the foregoing instrument. personally appeared ATTICUS FINCH. respectfully appeals to this Honorable Court the Decision of the lower court dated 13 April 2007. include the following after the 1 st paragraph: This instrument. having been signed by ______________ and his witnesses (if any). ABC. Page No. BEFORE ME. _______________ Issued at ______________ On ___________________ Doc. Acknowledgment Republic of the Philippines City of Manila ) ) s. (Sgd. each and every page of which. Notice of Appeal NOTICE OF APPEAL Defendant. IN WITNESS WHEREOF.s. N25-07007777) issued by the [official agency] (Land Transportation Office) on 10 January 2007. TARIO Notary Public Until __________________ PTR No. 2 May 2007. Series of 2007 NOTE: If the instrument consists of 2 or more pages.L.) MITCH MCDEERE Counsel for Defendant 2 The Firm Laguna Street. I have set my hand and affixed my Notarial seal on the day. consisting of ___ pages. Philippines. with [Valid Identification Document] (Driver’s License No. and sealed with my Notarial seal. by counsel.) N. and who acknowledged to me that the same is his free act and deed. this 13th day of April. including the page on which this acknowledgment is written. and sealed with my Notarial seal. O. 2007 in the City of Manila. Quezon City 5 .

Defendant’s continued occupation of the premises has also forced plaintiff to sue and to incur legal expenses amounting to Fifty Thousand Pesos (P50. respectfully states that: [2] 1.) ATTICUS FINCH Counsel for Plaintiff [Address] PLUS: 1.versus YOKO NGA. which contract expires on 31 December 2006. A copy of plaintiff’s letter to defendant is attached as ANNEX B. [6] Quezon City. plaintiff then asked defendant to vacate the premises. A copy of the contract is attached as ANNEX A.00).x COMPLAINT PLAINTIFF. 13 April 2007. 5. Defendant. Upon expiration of the contract. [8] Verification and Certification against Forum Shopping 2. A Certification to File Action is attached as ANNEX C. Quezon City.II. Quezon City which it leased to defendant under the terms and conditions stated in the Contract of Lease dated 1 January 2005. Defendant is a Filipino. by counsel. Tuna Compound. 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. Tuna Compound. Plaintiff. Complaint (and other initiatory pleadings) 1. Jurat Civil Case No. Other just and equitable reliefs are also prayed for. single and currently resident of 112 Ocean Drive. where he may be served with summons and other pertinent processes.500 representing rentals on the machineries for seven (7) months and Fifty Thousand Pesos (P50.00) for Attorney’s fees. plaintiff informed defendant of its intention not to renew the lease as it would use the property for its business expansion. [3] 2. [5] WHEREFORE. Plaintiff owns that property located at 112 Ocean Drive. 3. Tuna Compound. 2222 For: Ejectment 6 .000. of legal age. Resort to the Barangay conciliation system proved useless as defendant refused to appear before the Lupong Tagapamayapa. x ----------------------------------.000. 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. Despite demand duly made and received. Plaintiff is a foreign corporation organized and existing under the laws of France with business address at 111 Ocean Drive. defendant has refused to vacate the premises and continues to occupy the property without plaintiff’s consent. [7] (Sgd. Quezon City. . Branch 33 ALIS DI-YAN COMPANY. Complaint for ejectment with damages [1] Regional Trial Court National Capital Judicial Region METROPOLITAN TRIAL COURT Quezon City. PLEADINGS AND OTHER LEGAL DOCUMENTS IN CIVIL PROCEDURE A. [4] 4.

) ATTICUS FINCH Counsel for Plaintiff [Address] PLUS: [8] Verification and Certification against Forum Shopping Civil Case No. of legal age. 5.00). Other just and equitable reliefs are also prayed for.000. Complaint for sum of money [1] Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 101. respectfully states that: [2] 1. a copy of which is attached as ANNEX C.00) as Attorney’s Fees. By reason of defendant’s unreasonable failure or refusal to pay his due and demandable obligation. [7] (Sgd. defendant borrowed certain amounts from plaintiff. 13 April 2007.000. [3] 2. as ACTUAL DAMAGES and FIFTY THOUSAND PESOS (P50. a Certification to File Action.00) plus legal interest. 6. defendant is also a Filipino. was issued by the Barangay Chairman. Makati City ESTA PADORA. These amounts now total Nine Hundred Thousand Pesos (P900. with legal interest. 000882 For: Sum of Money 7 . Makati City. Plaintiff is a Filipino.00). Makati City.000. Resort to the Barangay Conciliation process proved fruitless as defendant failed to appear. . Defendant promised to pay these amounts on an installment basis monthly.2. where he may be served with summons and other processes. Forbes Park. of legal age and resident of 6752. both oral and written. Plaintiff. 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. defendant failed or has refused to pay any amount to plaintiff as no installment payment has even been made. plaintiff respectfully prays for judgment in his favor through a Decision directing defendant to pay him NINE HUNDRED THOUSAND PESOS (P900. by counsel.versus MANGGA GANTSO. and resident of 6750 Forbes Park. Sometime in January 2005 and over a period of six (6) months. x -------------------------. [4] 3. Despite repeated demands. A copy each of plaintiff’s two (2) demand letters is attached as ANNEX A and B. [6] Quezon City for Makati. Defendant.000. Thus. despite notice on him to appear. [5] WHEREFORE. Defendant’s obligation is due and demandable and plaintiff is entitled to the payment of the entire amount of Nine Hundred Thousand Pesos (P900.00).x COMPLAINT PLAINTIFF. 4.

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. 4.versus YOKO NGA. . by counsel. Roxas Boulevard. [7] (Sgd. Manila.3. 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. after hearing. which defendant. Defendant. 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. [3] 2.000. Plaintiff. 5. [4] 3. 13 April 2007.x COMPLAINT Plaintiff. plaintiff demanded from defendant the return of the car but defendant failed and refused to do so. on 3 March 2005. represented by AKIN NAYAN. Hurts Rent-A-Car is the registered owner of a Honda CRV with license plate number XLV-675. Plaintiff is the general manager of Hurts Rent-A-Car with offices at Makati City. Plaintiff is ready. Its present value is approximately Nine Hundred Thousand Pesos (P900. Complaint for Replevin [1] Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 101. x----------------------------------.00). temporarily residing at Bayview Hotel. [6] Quezon City for Makati City. respectfully states that: [2] 1. judgment be rendered declaring plaintiff to be lawfully entitled to the possession of the car and sentencing defendant to pay its value. defendant is a Tongan. rented from plaintiff for a period of one (1) week.) MITCH MCDEERE Counsel for the Plaintiff [Address] PLUS: [8] Verification and Certification against Forum Shopping Civil Case No. 000088 8 . Makati City HURTS RENT-A-CAR. On 15 March 2005. [5] WHEREFORE.

plaintiff resides at 1-A. 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. Pasig City. Pasig City NANG UUPA. On 1 January 2003. [3] 2.00) to be paid within the first five (5) days of each month. However. [5] WHEREFORE. it is respectfully prayed that this Honorable Court fix a period of years for the lease between plaintiff and defendant. x ---------------------.000. Pasig City for a monthly rental of One Thousand Pesos (P1. Plaintiff and Defendant are both Filipino citizens and of legal age. [7] (Sgd. 5. [6] Quezon City for Pasig City.00). . on 4 April 2006. where he may be served with summons. Pasig City while defendant resides at 2 Frisco Street.) ATTICUS FINCH Counsel for Plaintiff [Address] PLUS: [8] Verification and Certification against Forum Shopping Civil Case No. 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. Plaintiff has been paying the rentals as they fall due each month. Considering that the period of lease has not been fixed.4. Plaintiff. 00111 9 .000. 13 April 2007.x COMPLAINT PLAINTIFF. Defendant. 3. defendant leased to plaintiff the premises at 1-A Cruz Street. Cruz Street. There is no fixed period for the lease agreement except that rentals are to be paid by the month.versus NAGPA PAUPA. defendant gave notice to plaintiff that he is terminating the lease agreement by the end of August 2006. by counsel. Complaint to set period of years for lease [1] Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 161. without fail. respectfully states that: [2] 1. [4] 4.

3. Defendant. and (b) Fifty Thousand as Attorney’s Fees. Answer with affirmative defense and counterclaim 1. as follows: 6. Answer with compulsory counterclaim [1] Regional Trial Court National Capital Judicial Region METROPOLITAN TRIAL COURT Branch 33. 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. Civil Case No. a copy of which is attached as ANNEX 1. x ----------------------------------. [6] WHEREFORE. by counsel.000/00) because his name and reputation were besmirched by this malicious and baseless suit. before its expiration. . He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in the Affirmative Defenses below. Affirmative Defenses [4] 5.00) because he was compelled to secure services of counsel to vindicate his legal rights. Attorney’s Fees amounting to One Hundred Thousand Pesos (P100. Counterclaim [5] 6. Defendant respectfully prays that judgment be rendered in his favor by dismissing the Complaint and granting defendant’s counterclaim by awarding defendant: (a) One Million Pesos as Moral Damages. 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.1. Quezon City ALIS DI-YAN COMPANY.2.1.x ANSWER (With COUNTERCLAIM) DEFENDANT. repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that the Complaint should be dismissed because: 5. superceded by a Deed of Absolute Sale whereby plaintiff sold to defendant the parcel of land in question. Plaintiff has no capacity to sue as it is a foreign corporation doing business in the Philippines without a license. 2222 For : Ejectment 10 . respectfully states that: Admissions/Denials [2] 1.000.B. 4. 5. The Complaint fails to state a cause of action as the Contract of Lease (ANNEX A) was. 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. 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.000. 6. Moral Damages amounting to One Million Pesos (PHP1. Defendant reiterates.. Plaintiff. 2. Defendant reiterates.2.versus YOKO NGA.

should I learn of such a case. I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that. in response. [8] (Sgd.) YOKO NGA PLUS: 1. Jurat (IF any document is denied) 2. I shall notify the court within five (5) days from my notice. (Sgd. [11] Proof of Service (personal service or service by registered mail) 11 . [7] Quezon City.Other just and equitable reliefs are prayed for. IN WITNESS WHEREOF. I have caused the preparation of this Answer with Counterclaim.) MITCH MCDEERE Counsel for Defendant [Address] [9 & 10] VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING I. do hereby state that: I am the defendant in the case filed by Alis Di-yan Company for ejectment. I have signed this instrument on 13 April 2007. I specifically deny the genuineness and due execution as well as the binding effect of the actionable documents pleaded by plaintiiff. of legal age. YOKO NGA. I have read its contents and affirm that they are true and correct to the best of my own personal knowledge. 13 April 2007.

dismissing the Complaint. One Million Pesos (Php.000) as Attorney’s Fees. 3. repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that he is entitled to indemnity and/or contribution from co-defendant MANGGA GANTSO in the event that he is made liable to plaintiff because co-defendant MANGGA GANTSO acted as the duly authorized agent of plaintiff in the sale of the property and. [7] Quezon City. supra. and 2. [9 & 10] Verification and Certification against Forum Shopping 2. __________________.000. Defendant reiterates. in the form of the purchase price.000) as Moral Damages.2. Jurat (IF document is denied) 3. Answer with counterclaim and cross-claim See Form No.) MITCH MCDEERE Counsel for Defendant [Address] PLUS: 1. [11] Proof of Service (personal service or service by registered mail) 12 . granting defendant’s counterclaim by awarding defendant a.50. Fifty Thousand Pesos (Php.1. received consideration. acting as such. In the event that defendant is made liable to plaintiff on the Complaint. [6] WHEREFORE. and b. from defendant. but add-[5] Crossclaim 7. Defendant respectfully prays that judgment be rendered in his favor by 1. B-1. [8] (Sgd. he further prays that co-defendant MANGGA GANTSO be made liable to indemnify defendant in the same amount under the Crossclaim.

97-31312 13 . therefore.1. 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.versus LAKISA HIRAP.1. Extinguishment of the alleged claim made by the entity Regency Furniture.e. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES [3] 3. Plaintiff’s personality to seek legal relief. 4.818.3. Subject to a concrete proposal for stipulation of additional facts from plaintiff during pre-trial or even thereafter. Defendant also interposed a compulsory counterclaim for Two Million Pesos (PHP2.00) as attorney’s fees.2.2. Plaintiff’s entitlement to the amount claimed.1. section 2 of the 1997 Rules of Civil Procedure. IV. ISSUES TO BE TRIED [4] 4.000.2. Pre-trial Brief Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 90. Defendant admits only those facts stated in her Answer. not being the real party in interest under Rule 3. 1997 and her reply to the demand letter. BRIEF STATEMENT OF CLAIMS AND DEFENSES 2. Defendant submits that the following issues put forward by plaintiff are subject to proof: 4.1.1.00) for exemplary damages and One Hundred Thousand Pesos (PHP100. II.2. defendant respectfully submits that the desired terms of any amicable settlement would involve. III.2. 2. as follows: I. second. Quezon City LAKISA LAYAW. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure .1. by counsel. 3. 2. defendant admits no other facts stated in the Complaint. Defendant. Civil Case No.000. [1 & 2] 1.948. defendant is open to the possibility of amicably settling this dispute. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of openness from plaintiff. Defendant resists plaintiff’s claims based on a failure to state a cause of action because of : 2.x PRE-TRIAL BRIEF DEFENDANT.2. Plaintiff. x ------------------------------------. her personal circumstances.C. receipt of the demand letter dated January 5. respectfully submits her Pre-Trial Brief.000. i.2. a schedule of payments.. first.000. .00) for moral damages and Two Million Pesos (PHP2.1. Plaintiff seeks principally to recover the amount of Twenty Two Million Eight Hundred Eighteen Thousand Nine Hundred Forty Eight Pesos and Thirty Centavos (PHP22. Plaintiff’s lack of personality to sue and. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT 1.30) with interest at twelve percent (12%) arising allegedly from unpaid orders delivered to defendant variously in 1989.000. 2.1.

EVIDENCE [6] 5.1. [5] 5. if necessary. 6.1. defendant does not intend to avail of discovery at this time.1. (Sgd.1.2. Quezon City. however. RESPECTFULLY SUBMITTED. RESORT TO DISCOVERY [7] 6.2. V.2. who will testify on the true circumstances leading to the filing of this suit against her. to a concrete and reasonable request for discovery from plaintiff. MA BOLA Counsel for Plaintiff 14 . Subject.1.) MITCH MCDEERE Counsel for Defendant [Address] Copy furnished: Atty. Plaintiff’s bad faith in filing this suit. 13 April 2007.2. 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.2. VI. Considering the relatively simple issues presented. Defendant’s entitlement to the claims made in her Compulsory Counterclaim as a result of plaintiff’s bad faith. proof: Defendant submits that the following issues she put forward are subject to 4. defendant reserves the right to resort to discovery before trial.1. Defendant intends to present the following witnesses: 5. An employee of Topless Enterprises with personal knowledge as to the true circumstances behind the alleged obligations due and owing in favor of plaintiff. 4.4.2. 5. Defendant herself.2.

Consequently.x MOTION TO DISMISS DEFENDANT. Quezon City PLUS: [5] Proof of Service Civil Case No. Other just and equitable reliefs are also prayed for. Quezon City Please take notice that counsel has requested to be heard on Friday. x --------------------------------------. Defendant. representing the balance of the proceeds due plaintiff under the said Marketing Agreement.versus DAMI UTANG CORPORATION. Quezon City. (Sgd. Quezon City LAKI ASSET COMPANY. plaintiff has failed to reach the quotas agreed upon under the Marketing Agreement dated 1 January 2006. Plaintiff. 27 April 2007 at 8:30 in the morning. as shown by the following: [2] 1. 2. respectfully moves to dismiss the Complaint on the ground that the Complaint fails to state a cause of action as [1] THE OBLIGATION SOUGHT TO BE ENFORCED BY PLAINTIFF IS NOT YET DUE AND DEMANDABLE. . plaintiff’s claim is premature as there is yet no breach of the Marketing Agreement until the period expires and the quota is not attained. 13 April 2007. plaintiff’s Complaint states no cause of action and must be dismissed.D. 3333 For: Sum of Money 15 .) MITCH MCDEERE Counsel for Defendant [Address] [4] REQUEST FOR & NOTICE OF HEARING THE BRANCH CLERK OF COURT Metropolitan Trial Court Branch 39. 27 April 2007 at 8:30 in the morning. Allegedly. defendant now seeks to collect the sum of TWO HUNDRED THOUSAND PESOS (P200. by counsel.000. For this reason.) MITCH MCDEERE Counsel for Defendant 2 The Firm Laguna Street. Motions 1.00). Motion to dismiss (with request for and notice of hearing) Republic of the Philippines National Capital Judicial Region METROPOLITAN TRIAL COURT Branch 39. [3] WHEREFORE. the period of one (1) year has not expired. Quezon City Please submit the foregoing Motion 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. The contract is for one (1) year and defendant is given that same period to reach the quota specified therein. ATTICUS FINCH 1 MockingBird Street Timog Avenue. (Sgd. defendant respectfully prays that the Complaint be DISMISSED for failure to state a cause of action.

R. petitioner seeks leave of this Court to file the said Reply. Petitioner. (Sgd. Motion for leave of court to file pleading (with explanation for service by registered mail) Republic of the Philippines SUPREME COURT Manila LAKI UTANG. x ------------------------.versus DAMI LUPA. . [3] WHEREFORE. is attached to this motion. Quezon City for Manila. No. For this reason. a Reply can no longer be filed as a matter of course. [5] Explanation for service by registered mail 16 . Petitioner received a copy of respondent’s Comment to his petition on 3 January 2006.) ATTICUS FINCH Counsel for the Petitioner [Address] PLUS: 1. Respondent. by counsel. Under existing rules.2. [4] Request for and Notice of Hearing G.x MOTION FOR LEAVE OF COURT TO FILE REPLY WITH MOTION TO ADMIT ATTACHED REPLY PETITIONER. The Comment contains several allegations of fact and misinterpretations of the record that may mislead the court and need to be corrected. pursuant to the 1997 Rules on Civil Procedure. Consequently. ________ 2. petitioner respectfully prays that he be granted leave of court to file a Reply and for the Court to admit the attached Reply. 5 January 2007. a copy of which. respectfully states that: [1] 1. [2] 2. petitioner intends to file a Reply.

a judgment on the pleadings may be rendered. Quezon City LAKISA LAYAW.x MOTION FOR JUDGMENT ON THE PLEADINGS Plaintiiff. x ------------------------. 13 April 2007. Quezon City. Defendant. [4] Request for and Notice of Hearing 2. On 6 July 2005. by counsel.versus LAKISA HIRAP. [5] Proof of Service 17 .000. Plaintiff. respectfully states that: 1. The Answer admits the material allegations of the Complaint and has not tendered any issue. In his Answer. Motion for judgment on the pleadings Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 39. (Sgd. plaintiff respectfully prays a judgment on the pleadings be rendered in his favor. 97-31312 For: Sum of Money 1. . 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.) ATTICUS FINCH Counsel for the Plaintiff [Address] PLUS: Civil Case No. [1 & 2] 2. [3] WHEREFORE. consequently.00).3. plaintiff sued defendant for a sum of money in the amount of Nine Hundred Thousand Pesos (P900.

respectfully states that: [1] 1. ripe for pre-trial. Quezon City Please take notice that counsel has requested for the approval of the foregoing motion immediately upon receipt. 2 The Firm Laguna Street.4.versus LAKISA HIRAP. x ------------------------. plaintiff respectfully prays that this case be set for pre-trial on a date convenient to this Honorable Court. 13 April 2007. Section 1 of the 1997 Rules on Civil Procedure. Defendant. Complying with Rule 18.) ATTICUS FINCH Counsel for the Plaintiff [Address] [4] REQUEST AND NOTICE THE BRANCH CLERK OF COURT Regional Trial Court Branch 39. by counsel. thus. Quezon City Please submit the foregoing to the Court for its approval immediately upon receipt hereof. (Sgd. thereby causing the issues to be joined. This case is. [3] WHEREFORE. (Sgd. ESQ.x EX PARTE MOTION TO SET CASE FOR PRE-TRIAL PLAINTIFF. [2] 2. 97-31312 18 . . defendant submitted her Answer to the Complaint. plaintiff respectfully asks that this case be set for pre-trial. Copy furnished: MITCH MCDEERE. On 1 June 2006.) ATTICUS FINCH Counsel for the Plaintiff PLUS: [5] Proof of Service Civil Case No. Plaintiff. Quezon City LAKISA LAYAW. Ex parte motion to set for pre-trial Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 39. Quezon City.

. On said date and time. x ------------------------. 008877 [2] 3. where he is scheduled to terminate cross-examination of the prosecution’s expert witness who will be available only on said date and time.x MOTION FOR POSTPONEMENT PLAINTIFF. (Sgd. This case is set for trial on 5 May 2007 at 8:30 in the morning. plaintiff respectfully submits that his attendance in the Makati case becomes indispensable. [5] Proof of Service 19 . Plaintiff. Defendant. the accused in said case would be deprived of the opportunity to confront and cross-examine a vital witness against her. by counsel. Bil Moko”. Motion for postponement Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 39. Quezon City DILA TORY. otherwise. 4. respectfully states that: 1.versus PASEN SYOSO.5. 009988. plaintiff respectfully prays that the trial scheduled on 5 May 2007 be POSTPONED to another date convenient to this Honorable Court. Civil Case No. Quezon City. 13 April 2007. Without impugning the importance of these proceedings. [3] WHEREFORE. Branch 139 for “People of the Philippines v.) MITCH MCDEERE Counsel for the Plaintiff [Address] PLUS: 1. This motion is prompted only by the foregoing reason and not for delay. [4] Request for and Notice of Hearing 2. [1] 2. 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 Makati City. Criminal Case No.

x -----------------------------------. (Sgd. or until 25 May 2007. plaintiff respectfully prays that he be granted an additional fifteen (15) days from 10 May 2007. 13 April 2007. This motion is not intended for delay but is motivated only by the foregoing Civil Case No. He has been directed to file a Reply to defendant’s Answer by 10 May 2007. within which to submit plaintiff’s Reply. . Plaintiff. the undersigned is constrained to ask for an additional fifteen (15) days from 10 May 2007. 3.) MITCH MCDEERE Counsel for Plaintiff [Address] PLUS: 1. reason. or until 25 May 2007. [5] Proof of Service 20 . however. Quezon City. Defendant.versus PASEN SYOSO. 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 Metro Manila.x MOTION FOR EXTENSION OF TIME PLAINTIFF. [4] Request for and Notice of Hearing 2. Motion for extension of time Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 39. within which to submit plaintiff’s Reply. [1 & 2] 2. by counsel. For this reason. Quezon City DILA TORY. 008877 [3] WHEREFORE. respectfully states that: 1.6. The undersigned counsel.

[3] WHEREFORE.versus PADME AMIDALA. Quezon City. . Defendant. Defendant’s reglementary period to file Answer ended on 5 April 2007. defendant has failed to answer the Complaint against her. respectfully states that: 1. [1 & 2] 2. Despite the lapse of time.) DARTH SIDIOUS Counsel for Plaintiff [Address] PLUS: Civil Case No. a copy of which is attached as ANNEX A. x ---------------------------------. summons were served on defendant on 20 March 2007.x MOTION TO DECLARE DEFENDANT IN DEFAULT PLAINTIFF. Plaintiff. [5] Proof of Service 21 . Motion to declare defendant in default Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 39. [4] Request for and Notice of Hearing 2. plaintiff is entitled to a declaration of default and the right to present evidence ex parte against defendant. 7 April 2007. 000909 1.7. 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. Quezon City ANAKIN SKYWALKER. by counsel. Plaintiff filed this Complaint against defendant on 1 March 2007. as indicated by the Sheriff’s Return of even date. (Sgd. no motion for extension of such period was filed nor was any granted motu proprio by this Honorable Court.

8. Motion to lift order of default
Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 39, Quezon City ANAKIN SKYWALKER, Plaintiff, - versus PADME AMIDALA, Defendant. x ---------------------------------- x MOTION TO LIFT ORDER OF DEFAULT DEFENDANT, by counsel, respectfully states that: 1. Five (5) days after service of summons and receipt of Complaint, she filed a Motion 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 Metropolitan Trial Court. The Motion to Dismiss, which was received by plaintiff’s counsel on 25 March 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 Motion to Dismiss, this Honorable Court declared defendant in default on 7 April 2007 based solely on plaintiff’s Motion, filed two (2) days after the supposed lapse of the reglementary period, which, however, was tolled by the filing of a Motion 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 Motion to Dismiss within the period, and (c) the pendency of the Motion 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 LIFTED and that this Honorable Court resolve her Motion to Dismiss. Quezon City; 8 April 2007. (Sgd.) OBI WAN KENOBI Counsel for Defendant [Address] PLUS: 1. [4] Request for and Notice of Hearing 2. [5] Proof of Service

Civil Case No. 000909

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E. Special Civil Actions 1. Certiorari (with Injunction and/or TRO), Prohibition and Mandamus a. Certiorari (Caption and Title) PETITION PETITIONER, by counsel, respectfully states that: [2] 1. residence.) (State capacity of petitioner and respondent/s, citizenship, status and

2. (State the date on which copy of Decision was received and/or Resolution on Motion for Reconsideration, if filed, denied.) [3] 3. (State briefly the facts and circumstances under which the respondent/s exercising judicial functions acted without, or in excess of, jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction. ) 4. (State entitlement to Injunction and/or 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 ANNULLING the (act, decision or finding) for being in grave abuse of discretion; in the interim, that a preliminary injunction and/or temporary restraining order issue to ENJOIN any further proceedings by respondents. Quezon City; [1] 7 July 2007. (Sgd.) ATTICUS FINCH Counsel for the Petitioner [Address] PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of Material 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 46, 48, 49, 51, 52 and 56 apply. Rule 46, 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.”

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b. Prohibition
(Caption and Title) PETITION PETITIONER, by counsel, respectfully states that: [2] 1. residence.) (State capacity of petitioner and respondent/s, citizenship, status and

2. (If applicable, state the date on which copy of Decision was received and/or Resolution on Motion for Reconsideration, if filed, denied.) [3] 3. (State briefly the facts and circumstances under which the respondent/s 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. ) 4. (State entitlement to Injunction and/or 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 respondent/s to desist and refrain from further proceedings in the premises, and that after due notice and hearing, a writ of prohibition issue directing respondent/s to desist absolute and perpetually from further proceedings (in the said action or matter). Quezon City; [1] 7 July 2007. (Sgd.) ATTICUS FINCH Counsel for the Petitioner [Address] PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates

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c. Mandamus
(Caption and title) PETITION PETITIONER, by counsel, respectfully states that: [2] 1. (State the capacity of petitioner and respondent/s and their addresses. ) [3] 2. (State the facts and circumstances whereby respondent/s 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 respondent/s forthwith to: ( state the act required to be done ), with costs against them. Quezon City; [1] 7 July 2007. (Sgd.) ATTICUS FINCH Counsel for the Petitioner [Address] PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates

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Defendants.versus UMA AGAW and INA AGAWAN. cannot determine the conflicting claims of defendants and thus seeks to compel defendants to interplead and litigate their several claims between themselves.) ATTICUS FINCH SCA No. respectfully states that: [1] 1.2. [4] Quezon City. Quieting of Title. Plaintiff. respectively.x COMPLAINT PLAINTIFF. 7 July 2007. [3] WHEREFORE. without knowing who its true owner is. who claims no interest in the watch. plaintiff resides at ________________ while defendants reside at _______________ and _______________. Complaint in Interpleader NALI LITO. and Declaratory Relief a. by counsel. x --------------------------------------. Interpleader. [2] 2. . ____________ Counsel for Plaintiff [Address] PLUS: [6] Verification and Certification against Forum Shopping 26 . [5] (Sgd. Quo warranto. as first lien upon the subject matter of this action. 3. 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. On 1 June 2007. plaintiff found a Gold Rolex Oyster watch. Plaintiff and defendants are all of legal age. The watch is now in plaintiff’s possession. Plaintiff. where they may be served with pertinent notices. On or about 5 June 1999. defendants made similar representations to plaintiff as to ownership of the watch.

The deceased. as follows: (Describe property) covered by TCT No. [3] WHEREFORE. Equity demands that the said Deed of Sale be surrendered and cancelled. respectfully states that: [1] 1. Petitioner. 12345 in the Register of Deeds of Makati. as shown by a judgment in Civil Case No. as it is a cloud upon the title of the deceased and his lawful heirs. [4] Quezon City. [5] (Sgd. and particularly described. 2468. Action to Quiet (or Remove Cloud on) Title IN RE: QUIETING OF TITLE OVER THE PROPERTY COVERED BY TCT NO. 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. executed a Deed of Sale of real estate in favor of the respondent dated _____________. 12345 removed. [2] 2.b. 12345 NALI LITO. UMA AGAW. a copy of which is attached. 3. The sale is fictitious and the Deed of Sale is forged. 7 July 2007. 4.x PETITION PETITIONER. x -----------------------------------------------. The same is annotated on the title as the only encumbrance thereon. during his lifetime.) MITCH MCDEERE Counsel for Petitioner [Address] PLUS: [6] Verification and Certification against Forum Shopping SCA No. He is the special administrator of the estate of the deceased DAMI LUPA. 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. Respondent. 1357 27 . by counsel. as Special Administrator of the Estate of the deceased DAMI LUPA.

The relevant portions of the Ordinance are. 4. respectfully states that: [1] 1. On 1 August 1999. its members may be served with notices at Quezon City Hall. Plaintiff. Defendant. . the duly-constituted legislative body for Quezon City.versus THE CITY COUNCIL OF QUEZON CITY. due to the worsening traffic conditions in Metro Manila. x --------------------------. 2345 making it unlawful to operate cellular phone units while inside a moving vehicle and penalizing any violations with a fine of P1. majority of business is conducted in transit and over cellular phones. Action for Declaratory Relief INA API. The Ordinance appears to bar his doing so but plaintiff is unaware of the limits of permissible action under the Ordinance. 2468 28 .00 for each offense in addition to impounding of the cellular phone unit. [4] Quezon City. Plaintiff is a Filipino citizen of legal age and resident of Quezon City. [5] (Sgd.000. Unless declaratory relief is granted.x COMPLAINT PLAINTIFF. 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. plaintiff respectfully prays that this Honorable Court grant declaratory relief and declare plaintiff’s rights and duties under the Ordinance. It fails to consider that. 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. by counsel. [2] 2.) ATTICUS FINCH Counsel for Plaintiff [Address] PLUS: [6] Verification and Certification against Forum Shopping Civil Case No. defendant City Council passed Ordinance No. defendant is the City Council of Quezon City. Plaintiff is a lawyer who frequently has to dictate important pleadings over the phone while in transit due to the worsening traffic condition. as follows: (Quote the relevant portions) 3. [3] WHEREFORE.c. 7 July 2007.

by counsel. 7 July 2007. ) 3. (State the capacity and address of both plaintiff and defendant. (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.) ATTICUS FINCH Counsel for the Plaintiff [Address] PLUS: [6] Verification and Certification against Forum Shopping 29 . ) [2] 2.) [3] WHEREFORE. respectfully states that: [1] 1.d. Quo Warranto (Caption and title) COMPLAINT PLAINTIFF. [4] Quezon City. [5] (Sgd. 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. (State that plaintiff has demanded that defendant vacate said office and deliver it to plaintiff but that defendant has unlawfully refused to do so.

character and very person before my peers and fellow homeowners. Triple X Village.) MA SELAN Complainant-Affiant [5] SUBSCRIBED AND SWORN TO BEFORE ME this 13th day of April 2007.00) in moral damages and Five Hundred Thousand Pesos (P500. Consequently.000. MA SELAN. reputation and character before my neighbors and peers. Complaint-Affidavit and Counter-Affidavit 1. do hereby state under oath that: 1. Mr. 4. There is no other person named “Ma Selan” residing at Triple X Village nor is there any other person named “Ma Selan” who has acted as Board Member of the Association. uttered in a public meeting are clearly insulting and defamatory as they malign me and attribute to me a criminal act. Triple X Village. Ma Ingay’s remarks.) Investigating Prosecutor [6] CERTIFICATION I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIED THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT. I have signed this Complaint-Affidavit on 13 April [4] (Sgd. (Sgd. I accuse and hereby charge MR. 6. Ingay’s remarks have injured my name. Consequently. of legal age. committed against me when he publicly. PLEADINGS AND OTHER LEGAL FORMS IN CRIMINAL PROCEDURE A. a copy of which is attached as ANNEX B. This is attested to by the following exchange that transpired between Mr. nature and predisposition. Ingay did not retract his remarks. calling me a swindler twice over. MA INGAY. moreover.00) in exemplary damages. Complaint-Affidavit ) ) s. no doubt that Mr. COMPLAINT-AFFIDAVIT Republic of the Philippines City of Makati [1] I. Ingay’s use of the word “swindled” was deliberate as his explanation and clarification a few utterances thereafter would show. 3.000. of violating Article 358 of the Revised Penal Code (Slander and Oral Defamation).III. I am also holding Mr. Makati.000. 2007. TO THE TRUTH OF THE FOREGOING. reputation and character that my children and their children can be proud to bear.) Investigating Prosecutor 30 . Mr. Mr. Makati. I am a member of the Triple X Village Homeowner’s Association (“Association”) and was formerly a Director and Corporate Secretary of the Association. Ingay’s remarks are also very serious as they cast aspersions on my reputation. reputation and character are incapable of pecuniary estimation as these are the result of a lifetime’s effort to build a name. Ingay 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.s. and [2] resident of 4 Privet Drive. maliciously and deliberately uttered defamatory remarks against me during the Board Meeting of the Association on 27 January 2007.000. (Sgd. While my name. Mr.00) in nominal damages. with assistance of counsel. 5. a “Certification to File Action” was issued by the Barangay Chairperson. Mr. residing at 5 Privet Drive. Prior resort to the Barangay conciliation system proved fruitless as Mr. There is. [3] 2. Ingay cannot be allowed to simply go scot-free without bearing the consequences of his acts. Ingay’s public and defamatory utterance was clearly a reference to me and to no other. Ma Ingay liable civilly for defaming me in the amount of One Million Pesos (P1. For this reason. Five Hundred Thousand Pesos (P500. Filipino.

00 for the units. Gantso had not paid her the amount of P11. as a result.000. I recently learned that I have been made a respondent in I. Gantso to meet with her at the Office. Gantso inside the Mayor’s office. If at all. 6. he has been supporting their activities financially with voluntary contributions. [2] 2. Gantso. I set forth the true circumstances leading to the transaction below: 4. Gantso had not yet paid. 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. Ms. After persistent calls from Ms. When the Mayor arrived. I performed NO ACT that even remotely resembles ANY of the acts punished under Article 315. 4. looking for him. I set up an appointment for Mr.3. No. [3] 4. I informed her that both the Mayor and I had our units already. For this reason. Gulang. Somewhat embarrassed by this.5. I even exerted my best efforts to see that Ms. Ms. It is utterly inexplicable that Ms. Gulang called the office of the Mayor. I would still get calls from Ms. The charge is based on a supposedly unpaid account for the purchase of seven (7) Nextel phone units by a Mr.1. They transacted business inside the Mayor’s Office and only passed by my office on their way out. Gulang. Gulang phoned me and told me that Mr. and have been occupying said post since his election to the post in 1998. ) COUNTER-AFFIDAVIT Re: I. Gantso but he simply gave me this promise that he would pay. of legal age. The Mayor asked me to call Ms. I would still receive phone calls telling me that Mr. Ms. On that day. 4. to a certain extent. 4. 3. Gulang telling me that Mr.2.S. a charge for estafa. I performed no act of deceit or fraud against her in ordering the units. MANGGA GANTSO of the Quezon City Rescue and Environmental Distress Unit. There is no factual nor legal basis to charge me with estafa. she then told me if the Mayor could refer her to prospective clients. Mr. 1613. Gulang to Mr. To rebut and contradict MA GULANG’s malicious lies. 5. which made the Mayor their Honorary Chairman with no direct functions. Gantso had yet to pay. Quite coincidentally.2. any cause of action is PURELY CIVIL in nature and that liability does not pertain to my personal account in the absence of a showing that I 31 . and when she started to get angry over the telephone. MA LABO. he assured me that he would pay her but that he just needed to collect money from the rest of the group. Sometime last year. Gulang.S. it is certainly incomprehensible that I should stand accused of estafa by Ms. Mr. No. Gulang. I took a message from her saying that she was a friend of the Mayor and that she was selling Nextel units and if we wanted to buy units from her. There is no truth to the allegations in MA GULANG’s complaint. 4. Gantso and Ms.4. I relayed the message to him. filed by a certain MA GULANG on 19 January 2007 before the Office of the City Prosecutor for Quezon City. The Complaint must be dismissed. I am the Chief of Staff of the Mayor of Quezon City. 4. 1613 that: [1] I. Some time after that. Gulang would hold me liable for estafa when all that I did was to refer Ms.6. I gave her the telephone number of Gantso so that she could just call him directly. Gantso and told him to pay Ms. do hereby state under oath 1. with assistance of counsel. Thereafter. Counter-Affidavit Republic of the Philippines City of Makati ) s. But even then. I am in charge of coordinating the day-to-day affairs and activities of his Office. I called Mr. Gantso had called the Mayor asking if he could assist in securing Nextel units. she met with Mr. In said capacity. I informed her that he was not around. Gulang brought the units to the Mayor’s Office. I would follow up with Mr.s. Gulang were able to meet.

[6] Certification 32 . thus. I have signed this Statement on 3 February [4] (Sgd. not to me. 2007. Gulang does not even allege and cannot prove). TO THE TRUTH OF THE FOREGOING.) MA LABO Affiant PLUS: 1. Considering the foregoing. I 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. be dismissed.benefited from the Nextel units (which Ms. 7. [5] Verification 2. The Complaint against me should. any civil liability should pertain to the Office of the Mayor.

B. in the City of Quezon and within the jurisdiction of this Honorable Court. that the accused was informed of the Complaint and of the evidence submitted against him and was given the opportunity to submit controverting evidence. ELLIOT NESS Assistant City Prosecutor CERTIFICATE OF PRELIMINARY INVESTIGATION I hereby certify that a preliminary investigation in this case was conducted by me in accordance with law. x ---------------------------------------.x INFORMATION The Undersigned accuses PI KUTIN of the crime of Bigamy. the said accused. and without such marriage having been legally dissolved and thus valid and existing.00 33 . Information and Complaint 1. ELLIOT NESS Assistant City Prosecutor SUBSCRIBED AND SWORN TO BEFORE ME this 9th day of August 2006 in Quezon City.versus PI KUTIN.000. CONTRARY TO LAW. that there is reasonable ground to believe that the offense charged had been committed and that the accused is probably guilty thereof. . Accused. Plaintiff. Information (with Certificate of Preliminary Investigation or Inquest) a. Bigamy (Caption) PEOPLE OF THE PHILIPPINES. 00567 For: Bigamy Bail Recommended: P10. and that the filing of this Information is with the prior authority and approval of the City Prosecutor. being then legally married to BIL MOKO. unlawfully and felicitously contract a second marriage with ASA WA in the City of Quezon. did wilfully. AL CAPONE City Prosecutor Criminal Case No. committed as follows: That on or about 3 July 2006. that I examined the Complainant and her witnesses.

00) to the prejudice of said owner. Theft (Caption) PEOPLE OF THE PHILIPPINES. the said accused. that this Information was with the prior authority of the City Prosecutor. CONTRARY TO LAW. the owner. ELLIOT NESS Assistant City Prosecutor SUBSCRIBED AND SWORN TO BEFORE ME this 9th of August 2006 in Quezon City. . Accused.versus KLEPTO MANIAC. that based on the complaint and the evidence presented before me without any countervailing evidence submitted by the accused. despite opportunity to do so. x --------------------------------------------.b. committed as follows: That on or about 3 July 2006. 00567 For: Theft 34 . for this reason. ELLIOT NESS Assistant City Prosecutor CERTIFICATION AS TO CONDUCT OF INQUEST I hereby certify that the accused was lawfully arrested without a warrant and that. willfully. thus. then 11 years old and without any known address. in the City of Quezon and within the jurisdiction of this Honorable Court.x INFORMATION The Undersigned accuses KLEPTO MANIAC of the crime of Theft. without force upon things or violence upon persons and without the knowledge and consent of MA ALAHAS. took a gold necklace studded with diamonds valued at One Hundred Thousand Pesos (P100. refused to waive the provisions of Article 125 of the Revised Penal Code and. with intent to gain. unlawfully and feloniously. upon being informed of his rights. Plaintiff. an Inquest was conducted.000. there is reasonable ground to believe that the accused has committed the crime of theft and should. be held for said crime. AL CAPONE City Prosecutor Criminal Case No.

versus MAEL SIA. the accused seized her from behind. Attempted Rape (Caption) PEOPLE OF THE PHILIPPINES. with lewd designs and by means of force and intimidation. Accused. the accused did then and there wilfully. and finding that her husband was away. x --------------------------------------------. ELLIOT NESS Assistant City Prosecutor PLUS: Certification of Preliminary Investigation or Inquest Criminal Case No. to wit: while SEK SEE was cooking lunch.c. unlawfully and feloniously enter the house of SEK SEE. 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. Plaintiff.x INFORMATION The undersigned accuses MAEL SIA of attempted rape committed as follows: That on or about 6 June 2005. raised her skirt. commenced directly by overt acts to commit the crime of attempted rape upon her person. in Quezon City. a married woman. 00567 For: Attempted Rape 35 . threw her to the floor. causing the accused to flee from the premises without completing all the acts of execution. . CONTRARY TO LAW with the aggravating circumstance of dwelling.

with intent to kill. 00567 For: Frustrated Murder 36 .x INFORMATION The undersigned accuses MAMA MATAY of frustrated murder committed as follows: That on or about 21 August 2006. (Sgd. . CONTRARY TO LAW with the aggravating circumstances of Evident Premeditation. inflicting on said Vic Tima two (2) wounds on his chest and stomach.) ELLIOT NESS Assistant City Prosecutor PLUS: Certification of Preliminary Investigation or Inquest Criminal Case No. Accused. discharge the firearm twice against the person of said Vic Tima. the accused did then and there take a loaded . directly aim the same firearm at the person of VIC TIMA. and. at point blank range. an invalid septuagenarian. use of firearm and disregard of age. Frustrated Murder (Caption) PEOPLE OF THE PHILIPPINES.d. which wounds would have been fatal had not timely medical assistance been rendered to the said Vic Tima. in Quezon City. x --------------------------------------------.44 Caliber Magnum pistol.versus MAMA MATAY. Plaintiff.

Even granting said discernment. . THIS COURT IS WITHOUT JURISDICTION. unless he acted with discernment. IT CONTAINS AVERMENTS WHICH. Accused. which provides that a minor. [5] Quezon City. the accused respectfully states that: ARGUMENT The Information alleges that the accused KLEPTO MANIAC is eleven (11) years old and without any known address. [7] Request for and Notice of Hearing 2. [8] Proof of Service 37 . Motion to Quash Information [1] Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 90.x MOTION TO QUASH [2] THE ACCUSED. There is no allegation that the accused acted with discernment. IF TRUE. 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. respectfully moves to quash the Information for the crime of theft on the following: [3] GROUNDS 1. 00567 For: Theft PEOPLE OF THE PHILIPPINES.versus KLEPTO MANIAC. 7 July 2007. cannot be tried but instead shall have the benefit of a suspension of all proceedings against him. Motions 1. WOULD CONSTITUTE A LEGAL JUSTIFICATION. Plaintiff. In support. [6] (Sgd. the accused cannot be tried but instead proceeded against under Article 80 of the Revised Penal Code. unless sixteen years of age at the time of the commission of a grave or less grave felony.C. paragraph 3 of the Revised Penal Code. a person over nine years of age and under fifteen. Under Article 12. 2. by counsel. it is respectfully prayed that the Information against the accused be QUASHED and that the accused be released immediately from detention. Quezon City Criminal Case No. is exempt from criminal liability. [4] WHEREFORE.) MITCH MCDEERE Counsel for the Accused [Address] PLUS: 1. x -----------------------------------------.

A search was made on the same day. 00022 For: Libel 38 . be quashed. It was served on the accused on 23 July 2006.2. . [7] Proof of Service [1] (Caption) Criminal Case No. thus.) MA TAPANG Counsel for Accused [Address] PLUS: 1. Rule 126. Sec. 1122 is dated 12 July 2006. 25 July 2006. [5] (Sgd. certain objects were seized and delivered to the court. Section 3(2) in relation to section 2 of the 1987 Constitution. [4] Quezon City. [6] Request for and Notice of Hearing 2. Under the law. pursuant to said search. the 11th day from its date. Motion to Quash Search Warrant PEOPLE OF THE PHILIPPINES. Accused. this is certified to by the Sworn Inventory and Return executed by Major Alang Alam. it shall be void. the Search Warrant is void and must. respectfully moves for the quashal of Search Warrant No. 2.x MOTION TO QUASH SEARCH WARRANT The ACCUSED. 1122 issued by this Honorable Court on and dated 12 July 2006 based on the following considerations: [2] 1. [3] WHEREFORE. x ---------------------------------------------. Search Warrant No. the leader of the searching team (a copy of which is already part of the records). it is respectfully prayed that Search Warrant No. by counsel. 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. 1122 be QUASHED and all objects seized under its purported authority be declared INADMISSIBLE under the exclusionary rule in Article III. 23 July 2006.versus VIG CHAN. Plaintiff.

Thereafter. 1" be immediately returned to the accused. [6] Request for and Notice of Hearing 2. pursuant to said search. it is prayed that the Green Jaguar XJE with license plate “No. the searching party also “seized” accused’s green Jaguar XJE with license plate. allegedly for being subject of the offense. 1". Accused.versus VIG CHAN. section 3(2) in relation to Section 2 of the 1987 Constitution. 1122 is dated 12 July 2006. Search Warrant No. Furthermore. the motor vehicle is not mala prohibita that would justify a seizure thereof. There is no relation between the motor vehicle and libel. Sec. 3. 23 July 2006. The motor vehicle seized does not fall within the property that may lawfully be seized. 5. 6. 2. 25 July 2006. Search Warrant No. it is respectfully prayed that all objects seized under the void Search Warrant No. void. based on the following considerations: [2] 1. For this reason. No valid seizure may be made under a void warrant. 1. the Search Warrant is void. Discussion [1] Search Warrant No. Rule 126. thus. 1122 was served on the 11th day and is. A search was made on the same day. The motor vehicle cannot be subject of the offense as accused is charged with libel. 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. by counsel. the following objects must be suppressed: [list items] [2] The motor vehicle seized does not fall within the property that may lawfully be seized. Under the law. Motion to Suppress Evidence [1] (Caption) PEOPLE OF THE PHILIPPINES. On the occasion of the search. It was served on the accused on 23 July 2006. it was impounded and kept at the PNP Motor Pool. the leader of the searching team (a copy of which is already part of the records). respectfully moves for the suppression of objects seized on 23 July 2006. x ---------------------------------------------. [5] (Sgd. pursuant to Search Warrant No. 1122 issued by this Honorable Court dated 12 July 2006. “No. Plaintiff.) MA TAPANG Counsel for Accused [Address] PLUS: 1.x MOTION TO SUPPRESS EVIDENCE UNLAWFULLY SEIZED The ACCUSED. Moreover. certain objects were seized and delivered to the court. 1122 was served on the 11th day and is. the 11th day from its date. 00022 For: Libel 39 . 1122 be declared INADMISSIBLE under the exclusionary rule in Article III. [7] Proof of Service Criminal Case No. [3] WHEREFORE. .3. 2. it shall be void. neither could there be a seizure of evidence in plain view. [4] Quezon City. this is certified to by the Sworn Inventory and Return executed by Major Alang Alam. 4. void. thus.

Plaintiff. belies this allegation as: (a) the medical certificate (attached as ANNEX A to the Information) states that private complainant is in a virgin state with no physical and outward signs of trauma. it is respectfully prayed that the accused be granted: (1) a bail hearing. two (2) days after the alleged rape. (Sgd. and (2) thereafter. respectfully moves to be allowed bail on the ground that the [3] prosecution’s evidence of his guilt is not strong. . by counsel. (b) the medical certificate issued by the NBI doctor (attached as ANNEX B to the Information) after a physical examination of the accused.) MITCH MCDEERE Counsel for the Accused [Address] PLUS: Request for and Notice of Hearing Criminal Case No. He is.versus NAKA PIIT. x -----------------------------------------. Motion for Bail [1] (Caption) PEOPLE OF THE PHILIPPINES. WHEREFORE. Quezon City. The prosecution’s own evidence. there is no basis to conclude that the accused raped the private complainant as there is less than circumstantial evidence of this fact. however. The Information alleges that he raped the private complainant on 25 December 2005 at his residence in Quezon City. during which the prosecution should be directed to present its evidence to show the strength of its evidence of the accused’s guilt. entitled to bail as a matter of right. Accused. For these reasons. thus. he respectfully submits the following: 1. 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.4. In support.x MOTION FOR BAIL [2] THE ACCUSED. grant the accused reasonable bail. 00567 For: Murder 40 . 7 July 2007. Other just and equitable reliefs are also prayed for. 2.

2. 12 March 2007. consequently.1. just and reasonable in the sound discretion of this Honorable Court.2. she pleaded “guilty” to the offense charged herein. under the circumstances. as amended. Moreover. 114878 41 . 2. [5] Request for and Notice of Hearing Criminal Case No. to date. by counsel. [3] WHEREFORE. 3 Finally.00). the accused respectfully submits the following: 1. In support of this application. Plaintiff. respectfully applies for probation pursuant to the provisions of Presidential Decree No. this Honorable Court in its Order dated 8 March 2007 sentenced accused-applicant to an indeterminate penalty ranging from three (3) years to five (5) years of prision correccional. 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. She has not previously applied for nor had been previously placed under probation under Presidential Decree No. Application for Bail [1] (Caption) PEOPLE OF THE PHILIPPINES. accusedapplicant will commit another crime. [2] 2. accused-applicant does not need any correctional treatment requiring commitment to an institution. Accused. . 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. x ---------------------------------------------. Accused-applicant humbly submits that she possesses all the qualifications and none of the disqualifications enumerated under section 2 of Presidential Decree No. Quezon City for Pasig City. (Sgd. 968.3. On 23 February 2007. specifically: 2.D.x APPLICATION FOR PROBATION THE ACCUSED. are fair. has not filed any Notice of Appeal from the Order of conviction. [4] Verification 2.) ATTICUS FINCH Counsel for Accused [Address] PLUS: 1. 968. 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 and/or a fine of not less than Two Hundred Pesos (P200.versus RECY DIVIST. 2. 968. Quezon City.4. She has not been convicted of any crime against national security or public order. She has not started to serve her sentence and. Accused-applicant is of legal age and currently gainfully employed at ASN Broadcasting Corporation located at Timog Avenue.

Accused. Quezon City. the post-dated check dated 30 June 2004. was dishonored for lack of insufficient funds. . x -----------------------------------------.x FORMAL OFFER OF EVIDENCE THE PROSECUTION. the dorsal side of the check with notation “DAIF”. the amount stated. to prove authorship and the authenticity of the sworn statement.000. respectfully offer their documentary exhibits in support of their case-in-chief: 1. the sworn statement of ‘Alang Kaso. on presentment for payment.000. Quezon City PEOPLE OF THE PHILIPPINES. Exhibit B.00). The marked copies of Exhibits A and B are already part of the record. his signature–to prove that on the date and time stated in the affidavit. 2. the reason for dishonor and the identity of the issuer. issued by the accused in the amount of One Million Pesos (P1. the private complainant. Exhibit B-2. 000011 42 . and Exhibit A-1. 7 July 2007. the accused issued a post-dated check in the amount of One Million Pesos (P1. and as part of the testimony of the private complainant. the signature of accused on face of the check–to prove the issuance of the check.000. Formal Offer of Evidence Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 90. the prosecution respectfully prays that the foregoing Exhibits be ADMITTED as proof of the facts therein stated and in support of its case-in-chief and for all other relevant purposes.versus RECY DIVIST. ELLIOT NESS Public Prosecutor Copy furnished: MITCH MCDEERE Counsel for Accused ATTICUS FINCH Private Prosecutor Criminal Case No. Plaintiff.IV. WHEREFORE. Exhibit B-1. Exhibit A. Offer of Evidence and Opposition/Comment to Offer 1.000. by the undersigned public and private prosecutors.00) which. PLEADINGS AND OTHER LEGAL DOCUMENTS COMMON TO CIVIL AND CRIMINAL PROCEDURE A.

respectfully oppose the Prosecution’s Offer of Evidence for the following reasons: 1. the document is hearsay and inadmissible. Exhibit B-2. his signature are INADMISSIBLE because the private complainant was never presented to authenticate the document or subjected to cross-examination. and no basis for the presentation of secondary evidence laid.versus RECY DIVIST. thus. x -----------------------------------------. . 7 July 2007.) MITCH MCDEERE Counsel for the Accused [Address] Copy furnished: ELLIOT NESS Public Prosecutor ATTICUS FINCH Private Prosecutor Criminal Case No.000. Exhibit A.000. Plaintiff. 2. be EXCLUDED.00). Exhibit B-1.x COMMENT ON THE PROSECUTION’S FORMAL OFFER OF EVIDENCE THE ACCUSED. issued by the accused in the amount of One Million Pesos (P1. and Exhibit A-1. ACCORDINGLY. the private complainant. Quezon City. 000011 43 .2. Accused. the sworn statement of ‘Alang Kaso. the ACCUSED respectfully submits that the Prosecution’s Exhibits are INADMISSIBLE and must. (Sgd. Exhibit B. the post-dated check dated 30 June 2004. the dorsal side of the check with notation “DAIF”. by counsel. thus. Comment/Opposition to Offer PEOPLE OF THE PHILIPPINES. the signature of accused on face of the check are INADMISSIBLE for violation of the Best Evidence Rule as the original check was never presented.

Criminal cases (Caption) PEOPLE OF THE PHILIPPINES. The proof of the negative element is indispensable to proof of a violation of PD 1866. 2. The accused is charged with violation of PD 1866. the gravamen of the offense is unauthorized possession of a firearm. It is only in the event that the prosecution. absence of a license. thus. 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. The prosecution has failed to show that the accused had no license to carry a firearm. Without proof of this negative element. 2. has adduced sufficient evidence of guilt that the burden of proof shifts to the accused. 2. by counsel.. The prosecution has failed to adduce sufficient evidence of guilt such as would shift the burden of proof. Quezon City.B. x ---------------------------------------.versus ANAKIN SKYWALKER. the accused is presumed to be innocent until proven guilty. Concretely.e. i. Absent proof of the negative element.x DEMURRER TO THE PROSECUTION’S EVIDENCE THE ACCUSED. 007 For: Violation of PD 1866 44 . WHEREFORE. Thus. the offense is not proven. 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. Under the Constitution. 3. the prosecution must rely on the strength of its evidence and not wait for the accused to offer any defense. DARTH SIDIOUS Counsel for the Accused [Address] PLUS: Request for and Notice of Hearing Criminal Case No.2. after resting its case.1. The accused is innocent. the crime is not proven. Plaintiff. this means that the prosecution must prove that the accused had no legal authority to possess any firearm. he must. Demurrer to the Evidence 1. . be acquitted. Accused. 13 April 2007. the accused respectfully prays that the Information against him be DISMISSED and that he be ACQUITTED of the crime charged. with leave of court previously obtained .

respectfully submits this Demurrer to the Evidence because plaintiff has failed to prove entitlement to his claims by a preponderance of evidence: 1. . plaintiff has failed to prove his claims by a preponderance of evidence and defendant is entitled to a dismissal of the Complaint against her. Quezon City. Civil cases (Caption) ANAKIN SKYWALKER.x DEMURRER TO THE EVIDENCE DEFENDANT. Plaintiff. Defendant. with leave of court previously sought and granted . Plaintiff. 000909 45 . (b) the extent of the obligation under the contract. 13 April 2007.2. after resting his case. This action seeks to collect a sum of money arising from a contract. 2.versus PADME AMIDALA. WHEREFORE. defendant respectfully prays that the Complaint against her be DISMISSED. (c) the demandability of the obligation under the contract and (d) defendant’s liability for the obligation and damages. Consequently. (Sgd. by counsel. 3.) OBI WAN KENOBI Counsel for Defendant [Address] PLUS: Request for and Notice of Hearing Civil Case No. has failed to: (a) prove the authenticity of the contract. x ---------------------------------.

x NOTICE OF LIS PENDENS THE REGISTER OF DEEDS Antipolo City. Accordingly.C. Plaintiff. please record this notice on the title. Rizal.versus ALANG LUPA. x ----------------------. Antipolo DAMI LUPA. Notice of Lis Pendens Republic of the Philippines 4th Judicial Region REGIONAL TRIAL COURT Branch 71. 13 April 2007. Counsel for Defendant Civil Case No. Rizal Province Please take notice that a parcel of land covered by TCT No 1234 located in Antipolo. . registered in the name of defendant is the subject matter of an action for reconveyance of an undivided one-sixth portion thereof filed by DAMI LUPA. above-named plaintiff. Defendant.) ATTICUS FINCH Counsel for Plaintiff [Address] Copy furnished: MITCH MCDEERE. Quezon City. Esq. (Sgd. 007 For: Reconveyance 46 . RESPECTFULLY SUBMITTED.

Pasig City WITH MY CONFORMITY: (Sgd. 13 April 2007.) OBI WAN KENOBI No. Appearance as Counsel Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Branch 101.) PADME AMIDALA Copy furnished: DARTH SIDIOUS Civil Case No. 1. (Sgd. . RESPECTFULLY SUBMITTED. in this case. Quezon City. Defendant. Imzadi Place Tatooine. with her express conformity as indicated below. Quezon City ANAKIN SKYWALKER. Quezon City Please enter the appearance of the undersigned as counsel for defendant Padme Amidala. 1357 For: Legal Separation 47 .D.versus PADME AMIDALA. x -------------------------------. Henceforth kindly address all pertinent notices to the undersigned at the address given below.x ENTRY OF APPEARANCE THE BRANCH CLERK OF COURT Regional Trial Court Branch 101. Plaintiff.

. (Sgd. Henceforth kindly address all pertinent notices to plaintiff at his address given in the Complaint.E. x -------------------------------. Quezon City Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN SKYWALKER. Defendant. Defendant. Henceforth kindly address all pertinent notices to plaintiff at his address given in the Complaint. 1357 For: Legal Separation Civil Case No. Withdrawal as Counsel WITHOUT conformity of client (Caption) ANAKIN SKYWALKER. Cloud City. x -------------------------------.versus PADME AMIDALA.x WITHDRAWAL OF APPEARANCE THE BRANCH CLERK OF COURT Regional Trial Court Branch 101. Quezon City Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN SKYWALKER due to irreconcilable professional differences with plaintiff. RESPECTFULLY SUBMITTED.x WITHDRAWAL OF APPEARANCE THE BRANCH CLERK OF COURT Regional Trial Court Branch 101. Withdrawal as Counsel 1. Quezon City. 7 July 2007.) MACE WINDU 1 Imperial Palace.) MACE WINDU 1 Imperial Palace.) ANAKIN SKYWALKER 2. Plaintiff. Pasig City Civil Case No. Pasig City WITH MY CONFORMITY: (Sgd. (Sgd. Withdrawal as Counsel (Caption) ANAKIN SKYWALKER. Plaintiff. 7 July 2007. Cloud City. 1357 For: Legal Separation 48 . Quezon City. in this case. . for which reason the express conformity of plaintiff cannot be obtained . with his express conformity as indicated below.versus PADME AMIDALA. RESPECTFULLY SUBMITTED.

x------------------------. x -------------------------------. Quezon City for Manila.) PADME AMIDALA Civil Case No. for being contrary to law and the evidence presented. Defendant. respectfully appeals to the Court of Appeals the Decision of this Honorable Court dated 6 July 2006. as shown by her express conformity below. 00222 49 . . Manila TALO NAN. Pasig City WITH MY CONFORMITY: (Sgd. 1357 For: Legal Separation G.versus PANA LO. OBI WAN KENOBI Counsel for Defendant 2 Corruscant Place Tatooine Road. Plaintiff. . Defendant.x NOTICE OF APPEAL PLAINTIFF. Plaintiff. by counsel. a copy of which he received on 16 July 2006. Notice of Appeal Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 1. Substitution of Counsel (Caption) ANAKIN SKYWALKER.) ATTICUS FINCH Counsel for Plaintiff [Address] Copy furnished: MITCH MCDEERE Counsel for Defendant Civil Case No. Quezon City. (Sgd. Henceforth.x SUBSTITUTION OF COUNSEL THE UNDERSIGNED respectfully enters his appearance as counsel for defendant Padme Amidala in substitution of former counsel Darth Maul. kindly address all pertinent notices to the undersigned at the address given below.F. 7 July 2007. 17 July 2006. RESPECTFULLY SUBMITTED.versus PADME AMIDALA.

as their mother. PLEADINGS AND LEGAL DOCUMENTS ON DOMESTIC CASES AND SPECIAL PROCEEDINGS A. unknown to petitioner. OBI WAN KENOBI Counsel for Petitioner [Address] PLUS: Verification and Certification against Forum Shopping SP No. 2. 7 July 2007. respondent’s refusal to allow petitioner to regain custody over the minors is unlawful and unjustified. and thereafter. present the minor children personally before the Court on a date and time it chooses. Petitioner. WHEREFORE. who were born out of the valid marriage between petitioner and respondent Anakin Skywalker. Respondent. 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. Petitioner is the mother of the minors Luke and Leia Skywalker.x PETITION PETITIONER. Consequently. 111334 50 . Quezon City. custody of the minors is naturally presumed to belong to petitioner. Being below seven (7) years of age. x -----------------------------------------. abducted the minor children and has kept them incommunicado and out of petitioner’s reach.V. Sometime in February 2007. respectfully states that: 1. 3. respondent. Makati IN RE: PETITION FOR HABEAS CORPUS OF THE MINORS LUKE AND LEIA SKYWALKER PADME AMIDALA. subject of this petition. by counsel. Petition for Habeas Corpus Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 191. The marriage failed and petitioner has been living separately from respondent since 2004. ANAKIN SKYWALKER.

Petition for Adoption IN RE: PETITION FOR ADOPTION OF ANAKIN SKYWALKER DARTH VADER and PADME AMIDALA. 4.) MASTER YODA [Address] PLUS: Verification and Certification against Forum Shopping SP No. 111334 51 . Petitioners are qualified to adopt the minor and are financially capable of supporting the minor. respectfully state that: 1. as shown by their statement.B. they have expressly given their written consent to the adoption. 10 years old. Quezon City.x PETITION PETITIONERS. intemperate and are in full possession of civil capacity. both of legal age. by counsel. (Sgd. 3. They have no legitimate children of their own and desire to jointly adopt a minor named ANAKIN SKYWALKER. Petitioners. they are also morally qualified to bring up and educate the said minor. x -----------------------------------------. and residents of __________. 7 July 2007. 2. it is respectfully prayed that judgment be rendered in petitioners’ favor adjudging the minor child ANAKIN SKYWALKER freed from all legal obligations of obedience and maintenance with respect to his/her natural parents and that he/she be declared to all legal intents and purposes. Petitioners are husband and wife. the child of herein petitioners and that his/her surname be changed to that of petitioners. With full knowledge of petitioners’ intention. the legitimate child of _________________. a copy of which is attached as ANNEX A. The parents of the minor are not insane. they have not abandoned the minor child. WHEREFORE.

52 . The common property of petitioner and respondent is insufficient for the support of the children. 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. children under seven (7) years of age shall not be separated from the mother.” The psychological make-up of petitioner and respondent is explained in greater detail in the Clinical Assessment Report (“Report”) dated 28 December 2006. incurable and has antecedents. of legal age and married to respondent. respondent refuses to agree to any sober and productive discussion with petitioner and is always highly emotional and angry. WHEREFORE. petitioner respectfully prays that PROVISIONAL 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). with visitation rights extended to respondent. petitioner submitted herself to a psychological and clinical assessment by a trained professional. 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. a copy each of the birth certificates of the minor children is attached as ANNEX B.20 Schizoid Personality Disorder with narcissistic features” which is described as “grave. Despite several attempts. Respondent is a Filipino citizen. currently employed at [state employer] and married to petitioner. of legal age. respectively. subject to any adjustments that may be made based on changing earning capacity as well as needs. Petitioner submits that. 7. Their minor children are in petitioner’s custody and are being supported by her financially and emotionally. 6. they have [state number of children. 9. a copy of which is attached as ANNEX E. A copy of the Marriage Contract executed by petitioner and respondent is attached as ANNEX A. Petitioner and respondent are currently separated in fact and have been so since May 2001. For purposes of this petition. Petitioner and respondent were married on [date] and out of this marriage. respective ages]. it was. thus. Clinical Psychologist [state name]. 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. should this become material. the assessment given by the psychologist of respondent’s psychological make-up is that he has a “301. C and D. impracticable to secure a psychological report and profile of respondent. The mutual psychological incapacity of the parties to remain married to each other appears to be incurable. 2. prior to this resort. save for exceptional circumstances which do not exist in this case. despite the parties’ mutual psychological incapacity to remain married to each other. respectfully states that: 1. the parties had attempted formal and informal counseling sessions all of which proved unproductive as respondent proved resistant and. be directed to give support to his children in the amount of (state amount). Petitioner’s psychological incapacity is described in clinical terms as being consistent with a V61. thus. 8. 10. however. 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.9 Personality Disorder Not Otherwise Specified”. Respondent must. under the law. Petition for Declaration of Nullity of Marriage with Application for Provisional Orders [Caption and Title] PETITIONER. 4. All of the children are minors and. Petitioner is a Filipino citizen. Petitioner cannot. which existed at the time of the marriage in 1998 but manifested itself well into the marriage 5. even hostile to these efforts. the interests of the children are best served by having them remain in her custody. at times. on the other hand.C. In compliance with jurisdictional requirements. He may be served with summons and other pertinent orders and processes of this Court at [state address] 3. by counsel. she may be served with notices and other pertinent processes through counsel at [address of counsel].1 Partner Relational Problem and is said to have “Masochistic Personality Disorder” or “301.

thus -[1] Declaring the marriage between petitioner and respondent a nullity and. (Sgd.) ATTICUS FINCH Counsel for the Petitioner [Address] PLUS: Verification and Certification against Forum Shopping 53 . judgment be rendered in her favor by declaring petitioner to be psychologically incapacitated to comply with the essential obligations of her marriage to respondent. with express acknowledgement of respondent’s visitation rights. and [2] Awarding permanent custody of the children to petitioner. by this token. ordering the dissolution of the conjugal partnership of gains. Quezon City. All other just and equitable reliefs are also prayed for.Petitioner also prays that. 7 July 2007. after trial. [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.

3.. 555. 7 July 2007. both of whom are residing at No. Petitioner is a Filipino citizen and the widow of the deceased.D.) MITCH MCDEERE Counsel for the Petitioner [Address] PLUS: Verification and Certification against Forum Shopping SP PROC. 0023 54 . 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. Petition for Probate of a Holographic Will Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 30. No. The deceased’s only heirs are herein petitioner and their son. PABLING SIA JR. Marinara Subdivision. 555. Tuna Road. Quezon City and cash amounting to Fifty Thousand Pesos (P50.000). WHEREFORE. Tuna Road. The handwriting may be attested to as his by his secretary of long standing. respectfully states that: 1. 2. PALING KERA. (Sgd. x -----------------------------------. Petitioner.. PABLING SIA died. having previously executed a holographic will in his own handwriting and in a language known to him. TOM CRUZ. Quezon City. Marinara Subdivision. 2. A copy of the will is attached as ANNEX A. The deceased left a house and lot located at No. he had no debts. San Juan RE: PROBATE OF THE HOLOGRAPHIC WILL OF PABLING SIA. On 16 August 2006. by counsel. Quezon City.x PETITION PETITIONER.

(Sgd.) OBI WAN KENOBI Principal SIGNED IN THE PRESENCE OF: (Sgd. do perform the following specific act(s): (Specify the particular act/s 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. to do and perform the following acts. place and stead. and resident of Tatooine. (Sgd. to be my true and lawful Attorney-in-Fact and in my name. for me and in my name. OBI WAN KENOBI. and resident of Naboo. OBI WAN KENOBI. IN WITNESS WHEREOF. place and stead. and hereby ratifying and confirming all that she may do by virtue of these presents. of legal age. constitute and appoint PADME AMIDALA to be my true and lawful attorney-in-fact. 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 I might do or lawfully do if personally present. of legal age. CONTRACTS AND OTHER CORPORATE LEGAL DOCUMENTS A. do hereby name. of legal age. with power of substitution and revocation. constitute and appoint PADME AMIDALA. do hereby name. IN WITNESS WHEREOF.) C3PO Acknowledgment 55 . Special Power of Attorney SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: I. I have signed this instrument this 7 July 2007 at Tatooine. and resident of Tatooine.) C3PO Acknowledgment B.) OBI WAN KENOBI Principal SIGNED IN THE PRESENCE OF: (Sgd.) R2D2 (Sgd.) R2D2 (Sgd.VI. General Power of Attorney GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: I. DEEDS. I have signed this Special Power of Attorney this 7 July 2007 at Tatooine. 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.

C.3. Makati City covered by Tax Declaration No. personally appeared on the 7 th of July 2007. surrendering ownership over such improvements and alterations to the LESSOR upon expiration of this lease. In consideration of a monthly rental of FIVE THOUSAND PESOS (P5. the LESSOR hereby LEASES to the LESSEE an apartment located at 199 San Antonio Village. the parties have signed this contract on the date and the place first mentioned. To pay the rentals on or before the fifth day of each month. single and resident of Quezon City (LESSEE).00) and the covenants made below. signed on each and every page by the parties and their instrumental witnesses. 0000111/1/05/99. Series of 2007. ____________ issued at/on ANG BAHAY Lessee known to me to be the same persons who executed the foregoing instrument. (LESSOR) and resident of Makati City. The LESSEE covenants. as follows: 2. ____________ issued at/on CTC No. 2. 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. TO THE TRUTH OF THE FOREGOING. 2.1. married to ASA WA. witness now my hand and seal on the date and place mentioned above. of legal age. Makati City Doc. of legal age. without need of demand at the residence of LESSOR. DAMI BAHAY Lessor With my consent: ASA WA Acknowledgment BEFORE ME. 56 .000. the following persons. having acknowledged the same before me as their own free and voluntary act and deed. Contract of Lease CONTRACT OF LEASE KNOW ALL MEN BY THESE PRESENTS: This Agreement made and entered into at Makati this 7 th day of July 2007 by and between DAMI BAHAY. IN WITNESS WHEREOF. with their respective CTC details indicated below: DAMI BAHAY ALANG BAHAY CTC No. and ALANG BAHAY. Page No. 2. TARIO Until December 31. N. No. To keep the premises in good and habitable condition. 001 (Makati City Assessor’s Office) for a period of TWELVE (12) MONTHS from signing of this contract.2. making the necessary repairs and painting inside and outside the house. WITNESSETH that: 1. 2007 PTR No. a Notary Public for Makati City.O. Book No. denominated as a Contract of Lease consisting of __ pages.

declare this to be my Last Will and Testament which I have caused to be written in English.000) to my spouse. PABLING SIA JR. SR. __________. the language which is known to me. SR. PABLING SIA. violence. and __________. Metro Manila 7 July 2007 I hereby execute this holographic will. a native of Lipa City. married to PALING KERA.) PABLING SIA. E. I designate _______________ as the sole executor of this Last Will and Testament. Metro Manila. The following are my children and their addresses. 555. Manila. KNOW ALL MEN BY THESE PRESENTS: I. the following properties. 57 . real and personal. Batangas. in my handwriting and in the English language which I know how to read and write. whatsoever and wheresoever located: (Description of property) III. I give and bequeath to my children __________. PALING KERA. IN WITNESS WHEREOF.D. Marinara Subdivision. (Sgd. Notarial Will LAST WILL AND TESTAMENT of PABLING SIA. SR.. and cash amounting to Fifty Thousand Pesos (P50. in equal shares. and not acting under influence. And I hereby declare that: I.) PABLING SIA SR. Holographic Will San Juan. now actually residing at San Juan. bequeathing my house and lot located at No. I have set my hand this 7th day of July 2007 in San Juan. Quezon City to my son. fraud or intimidation of whatever kind. Metro (Sgd.. Tuna Road. being of sound and disposing mind and memory. (Name of children and addresses) II. of legal age.

on 6 July 2006. year and place written. the first as testator and the last three as instrumental witnesses. SR. SAKSI 1 SAKSI 2 SAKSI 3 G. all known to me to be the same persons who signed the foregoing Will. on the left margin. IN WITNESS WHEREOF. on the left margin. personally appeared: PABLING SIA. 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. _______________ Issued at ______________ On ___________________ Doc. 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. this 7 th day of July. with Valid Identification Document _______ issued by (official agency). O. and they respectively acknowledged to me that they signed the same as their own free act and deed. on 6 July 2006. Residence Residence Residence 58 . No. SAKSI 2 (Witness). I have set my hand the day. in our joint presence and we. on 6 July 2006. in turn. 2007.) N. including the page in which this acknowledgment is written. SAKSI 1 (Witness). on 6 July 2006. at his/her request have witnessed and signed the same and every page thereof. This Will consists of ___ pages. Acknowledgment of a Notarial Will JOINT ACKNOWLEDGMENT BEFORE ME. the undersigned witnesses. Notary Public for and I the City of San Juan. Attestation Clause for a Notarial Will ATTESTATION CLAUSE WE. Philippines. with Valid Identification Document _______ issued by (official agency). (Testator). with Valid Identification Document _______ issued by (official agency).F. Book No. SAKSI 1 (Witness). Page No. as his/her last will and testament and has signed the same and every page thereof. TARIO Notary Public Until __________________ PTR No. (Sgd. Series of 2007. with Valid Identification Document _______ issued by (official agency). in the presence of the testator and in the presence of each other.

situated in _________________. of legal age. the said DONOR. Donation Inter Vivos DEED OF DONATION KNOW ALL MEN BY THESE PRESENTS: This Deed of Donation. free from all liens and encumbrances. single/married. LALIM BULSA Donor ACCEPTED: DAMI UTANG Donee SIGNED IN THE PRESENCE OF: (Sgd. that he/she has reserved for himself/herself in full ownership sufficient property to support him/her in a manner appropriate to his/her needs. for the purpose of giving full effect to this donation. Philippines. and does hereby express gratitude for the kindness and liberality of the DONOR. That the DONEE does hereby accept this donation of the above-described property.)MIRON 2 PLUS: Acknowledgment 59 . his/her heirs and assigns. made and executed by LALIM BULSA.H. single/married and resident of _________________ (“DONEE”) WITNESSETH: That the DONOR is the owner of that certain real property with the buildings and improvements thereon. ____ 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. unto said DONEE. and more particularly described in Original/Transfer Certificate of Title No. of legal age. by way of donation. That the DONOR does hereby state. by these presents.) MIRON 1 (Sgd. IN WITNESS WHEREOF. transfers and conveys. the above described real property with all the buildings and improvements thereon. and resident of _______________ (“Donor”) in favor of DAMI UTANG. the DONOR and the DONEE have signed this deed on 7 July 2007 and at Quezon City.

transfers. and with office address at __________. administrators and other successors-in-interest. that may arise as a result of the nominee’s holding title to the subject shares for and on behalf of the principal. All dividends. 4. the relationship between the principal and the nominee with respect to the subject shares is governed by the following terms and conditions: 1. (“the Corporation”). rights and other privileges. 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. 3.I. This acknowledgment of nominee status shall bind the nominee’s heirs. Acknowledgment of Nominee Status with Assignment of Shares ACKNOWLEDGMENT OF NOMINEE STATUS WITH ASSIGNMENT OF SHARES I. As nominee.) UZI 1 (Sgd. accordingly. 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. 2. executors. The principal shall save the nominee free and harmless from any liability.) UZI 2 PLUS: Acknowledgment 60 . (“Nominee”). hereby acknowledge my status as nominee for WILLIAM RIKER (“the Principal”) for the purpose of holding title to ___ shares of stock in the Enterprise Holdings Inc. whether for unpaid subscriptions. accruing on the subject share shall be for the account and benefit of the principal. The nominee hereby assigns. 5. of legal age. taxes or otherwise. whether cash. GEORDI LA FORGE. I hereby unequivocally confirm that the Principal is the exclusive and absolute owner of the subject shares. Done this 7th day of July 2007 at Quezon City. stock or property. Accordingly. the nominee shall deliver the same to the principal and whoever the latter may designate. GEORDI LA FORGE Nominee WITH MY CONFORMITY: WILLIAM RIKER Principal WITNESSES: (Sgd.

. 2007 at Makati City.J. as may prove to be beneficial to the corporation in his own opinion and determination. (Name of Directors) 61 . on the basis of the corporate records. Philippines. DEANNA TROI. Increase in number of directors and necessary amendment to the Articles of Incorporation Board Resolution No. 2007 at Makati City.. amended or in any manner modified and accordingly. At a meeting of the Board of Directors of the corporation held on ___________. as he is hereby authorized. Board Resolutions 1. to INCREASE the number of Directors of the Corporation from five (5) to seven (7) and to AMEND the Articles of Incorporation to reflect this increase. ___ RESOLVED. the same may be relied upon until a written notice to the contrary is issued by the corporation. a corporation duly organized and existing under Philippine laws. with office address at __________________. Approved and adopted this 7th day of July.. by a vote of stockholders representing more than 2/3 of the subscribed and paid up capital stock... The foregoing resolution has not been revoked. that Mr... of legal age.. the following resolution(s) was (were) unanimously approved and adopted: RESOLVED. Philippines.. Jean-Luc Picard. Authority to Act Board Resolution No. do hereby certify that under oath that: 1. as Chairperson and Chief Executive Officer of Enterprise Holdings be authorized. at which meeting a quorum was present and obtained throughout.... ___ RESOLVED. 3.. I am the Corporate Secretary of ENTERPRISE HOLDINGS INC.. (“corporation”).. Secretary’s Certificate SECRETARY’S CERTIFICATE I. 2.. that . to enter into any and all transactions with the representatives of the Ferengi Trade Federation. I have set my hand to this certification on ____ at ______________. IN WITNESS WHEREOF. DEANNA TROI Corporate Secretary ATTESTED: JEAN-LUC PICARD President PLUS: Jurat K... Approved and adopted this 7th day of July. (Name of Directors) 2. with the same office address given above.

The assignor hereby irrevocably constitute. receipt of which is hereby acknowledged do hereby assign. cede.) MIRON 2 PLUS: Acknowledgment 62 . DAMI SHARES Assignor SIGNED IN THE PRESENCE OF: (Sgd. of legal age. all his/her rights. the assignor has signed this deed on 7 th day of July. and resident of ______________. understood that the assignee shall assume any and all unpaid subscription on the said shares. Filipino and resident of ________________. ownership and interest over its subscription to One Hundred Thousand (100. including advances due from said corporation. 2007 at the City of Manila. however. title. transfer and convey unto DAMI LUPA.) MIRON 1 (Sgd.L.000) shares of the capital stock of _________ Corporation. likewise of legal age. Deed of Assignment DEED OF ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS: I. IN WITNESS WHEREOF. for and in consideration of the sum of ____________________ Pesos (P_____). It is. DAMI SHARES. name and appoint the assignee to be his/her 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.

the Deed must also indicate this. 2007 at Makati City. single and resident of ________________ do hereby SELL. specify metes and bounds of the property/ies with approximate area thereof. DEED OF ABSOLUTE SALE KNOW ALL MEN BY THESE PRESENTS: I.s. TRANSFER and CONVEY absolute and unconditionally unto said MA GU LANG that certain parcel(s) of land. my title thereto being evidenced by Transfer (or Original) Certificate of Title No. and resident of _________________________. MA YA MAN. together with the buildings and improvements thereon situated in the City of Makati. Filipino. MA YA MAN Vendor [Note: if vendor is married. marital consent must be secured. If vendor is married. IN WITNESS WHEREOF. I have signed this deed this 7 th day of July. paid to me today by MA GU LANG. then add the following:] With my consent: ASA WA Vendor’s Wife SIGNED IN THE PRESENCE OF: (Sgd. issued by the Register of Deeds of Makati City.) MIRON 2 PLUS: Acknowledgment 63 . thus. Filipino.M. single.) MIRON 1 (Sgd. and more particularly described as follows: (Technical Description of property/ies. for and in consideration of the amount of _______________________. Deed of Sale of Registered Land (unilateral) Republic of the Philippines Makati City ) ) s. It is hereby mutually agreed that the vendee shall bear all expenses for the execution and registration of this deed of sale. as indicated on the face of the title) of which I am the registered owner in fee simple. ______.

that the permanent improvements existing thereon consist of _________ (if none.N. single. of the City Assessor of Makati. Filipino. TRANSFER and CONVEY absolutely and unconditionally unto said MA GU LANG that certain parcel(s) of land. Deed of Sale of Unregistered Land (unilateral) Republic of the Philippines Makati City ) ) s. 496 nor under the Spanish Mortgage Law. the parties hereto have agreed to register this instrument under the provisions of Sec. 2007 at Makati MA YA MAN Vendor [Note: if vendor is married. _________. IN WITNESS WHEREOF.s. situations and boundaries. not having been registered under Act No. The above described real estate. for and in consideration of the amount of __________. and more particularly described as follows: (Description: state the nature of each piece of land and its improvements. the permanent improvements. and resident of _________________________. DEED OF ABSOLUTE SALE KNOW ALL MEN BY THESE PRESENTS: I. the page number of the assessment of each property for current year or years when registration is made. the Deed must also indicate this. __________. I have signed this deed this 7 th day of July. thus. City. that the land is assessed for the current year at P______________ as per Tax Declaration No. If vendor is married. together with the buildings and improvements thereon situated in the City of Makati. marital consent must be secured. area in square meters. state so). MA YA MAN.) MIRON 2 PLUS: Acknowledgment 64 . single and resident of _______________________ do hereby SELL. as amended. at P____________ as per Tax Declaration No. if any. whether or not the boundaries are visible on the land by means of monuments or otherwise. Filipino.) MIRON 1 (Sgd. what they consist of. the assessed value of the property for the year) It is hereby declared that the boundaries of the foregoing land are visible by means of _______________. then add the following:] With my consent: ASA WA Vendor’s Wife SIGNED IN THE PRESENCE OF: (Sgd. and the buildings and/or improvements . and if they are. 194 of the Revised Administrative Code. paid to me today by MA GU LANG.

Deed of Sale with Pacto de Retro (bilateral) Republic of the Philippines Makati City ) ) s.) MIRON 1 (Sgd. Filipino. City. his heirs and assigns. The VENDOR. situated in the City of Makati. 2007 at Makati MA YA MAN Vendor With my marital consent: ASA WA MA GU LANG Vendee With my marital consent: BA TAPA SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 2 PLUS: Acknowledgment 65 . free from all liens and encumbrances whatsoever. 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____). subject to the requirements of law regarding consolidation of ownership of real property. and the VENDEE. TRANSFER and CONVEY under pacto de retro unto the said VENDEE. however. does hereby SELL. The VENDOR. Filipino. the property with all the buildings and improvements thereon. and more particularly described. hereby reserves the right to REPURCHASE. for and in consideration of the amount of _________________ Pesos (P_____). in accepting the same. of legal age. married to BA TAPA. with residence at ___________________ (VENDOR). DEED OF SALE WITH PACTO DE RETRO This Deed of Sale with Pacto de Retro made and executed by and between: MA YA MAN. WITNESSETH: That– The VENDOR is the absolute owner of a certain parcel of land with all the buildings and improvements thereon. married to ASA WA. IN WITNESS WHEREOF. Provided. with residence at ____________ (VENDEE). without need of a new Deed of Absolute Sale. that if the VENDOR shall fail to exercise his right to repurchase as herein granted within the period provided. I have signed this deed this 7 th day of July.O. then this conveyance shall become absolute and irrevocable. ______ issued by the Register of Deeds of Makati.and MA GU LANG. in executing this conveyance.s. . to him paid by VENDEE and receipt of which is acknowledged. of legal age. as follows: (Copy technical description in TCT/OCT) his title thereto shown by Transfer (or Original) Certificate of Title No.

Book No. 2007 at Makati City. IN WITNESS WHEREOF. do hereby RESELL. for and in consideration of _______________ Pesos (P____). the Deed must also indicate this. DEED OF RESALE KNOW ALL MEN BY THESE PRESENTS: I. situated at Makati City.) MIRON 1 (Sgd. and which property was previously sold to under pacto de retro by the said MA YA MAN on _____________. Filipino. ___. I have signed this deed this 7 th of July. as follows: (Copy technical description in title) covered by Transfer (or Original) Certificate of Title No. Filipino. married. of legal age. ____ and Series of 20__ of his Notarial Register. with all the buildings and improvements thereon. If vendor is married. ____. Deed of Repurchase of land sold under Pacto de Retro Republic of the Philippines Makati City ) ) s. RETRANSFER and RECONVEY unto said MA YA MAN that certain parcel of land.) MIRON 2 PLUS: Acknowledgment 66 . marital consent must be secured. then add the following:] With my consent: BA TAPA Vendor’s Wife SIGNED IN THE PRESENCE OF: (Sgd. a copy of which is attached as ANNEX A. and resident of _______________.P. and more particularly described. thus.s. MA GU LANG Vendor [Note: if vendor is married. Page No. married and resident of ___________________. MA GU LANG. executed before Notary Public __________ and bearing Notarial Registration No. to me paid by MA YA MAN. ____ of the Registry of Deeds of Makati. of legal age.

to him paid by VENDEE and receipt of which is acknowledged. IN WITNESS WHEREOF.) MIRON 1 (Sgd. of legal age. does hereby SELL. married to BA TAPA. free from all liens and encumbrances whatsoever.and MA GU LANG. Filipino. for and in consideration of the amount of _________________ Pesos (P_____). of which amount _________________Pesos (P_____) shall be paid by the VENDEEMORTGAGOR to the VENDOR-MORTGAGEE at the latter’s residence. ______ issued by the Register of Deeds of Makati. as follows: (Copy technical description in TCT/OCT) his title thereto shown by Transfer (or Original) Certificate of Title No. and more particularly described. as follows: (State manner of payment) In order to guarantee the fulfillment of the above obligations.Q. situated in the City of Makati. married to ASA WA. WITNESSETH: That– The VENDOR-MORTGAGEE is the absolute owner of a certain parcel of land with all the buildings and improvements thereon. City. . It is hereby agreed and stipulated that the UNPAID BALANCE OF ____________ Pesos (P____). of legal age. Deed of Sale with Mortgage Republic of the Philippines Makati City ) ) s. TRANSFER and CONVEY unto the said VENDEE. otherwise. I have signed this deed this 7 th day of July.s. the property described. his heirs and assigns. DEED OF SALE WITH MORTGAGE This Deed of Sale with Pacto de Retro made and executed by and between: MA YA MAN. the VENDEEMORTGAGOR does hereby MORTGAGE unto the said VENDOR-MORTGAGEE. under the express stipulation that if the said VENDEE-MORTGAGOR shall pay or cause to be paid unto the VENDOR-MORTGAGEE the obligations. together with all the buildings and improvements thereon. his heirs and assigns. the same shall remain in full force and effect and shall be enforceable in the manner prescribed by law. with residence at ____________ (VENDEE-MORTGAGOR). with residence at ___________________ (VENDOR-MORTGAGEE). Filipino.) MIRON 2 PLUS: Acknowledgment 67 . 2007 at Makati MA YA MAN Vendor With my consent: ASA WA Vendor’s Wife MA GU LANG Vendee With my consent: BA TAPA Vendee’s Wife SIGNED IN THE PRESENCE OF: (Sgd. the property with all the buildings and improvements thereon. then this Mortgage shall be of no further force and effect. The VENDOR.

with residence at _____________ (ASSIGNOR) and DAMI LUPA. situated in ___________. married to BIL MOKO. married to ALANG MALAY. with residence at _______________ (ASSIGNEE). That the ASSIGNEE does hereby accept this assignment in full payment of the abovementioned debt of ______________ Pesos (P_________). of legal age. WITNESSETH: That the ASSIGNOR is indebted to the ASSIGNEE in the sum of ___________ Pesos (P______) and in full payment and complete satisfaction thereof hereby assign. City. the parties have signed this Deed on 7 July 2007 at Makati DAMI UTANG Assignor With my marital consent: ALANG MALAY Assignor’s Wife PLUS: Acknowledgment DAMI LUPA Assignee BIL MOKO Assignee’s Wife 68 . and more particularly described as follows: (Description of property assigned) of which real estate the ASSIGNOR is the registered owner. of legal age. Filipino. ____________ of the Register of Deeds of _____________.R. Dacion en Pago (Deed of Assignment of Real Estate in payment of debt) DEED OF ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS: This Deed of Assignment. transfer and convey unto the ASSIGNEE that certain real estate with all the buildings and improvements thereon. his title thereto being evidenced by Transfer (or Original) Certificate of Title No. Filipino. made and executed by and between DAMI UTANG. IN WITNESS WHEREOF.

mortgagee. and YAMAN NYA./Color Chassis No.s. CHATTEL MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That I. have executed the foregoing Chattel Mortgage in order to guarantee as good and binding the obligations mentioned above and is not intended to defraud creditors. it shall continue in full force and effect and may be foreclosed in accordance with law. married and resident of Makati. his heirs. being evidenced by Registration Certificate of Motor Vehicle No. granted to me by YAMAN NYA.000. have transferred and conveyed by way of chattel mortgage unto said YAMAN NYA. successors and assigns. for and in consideration of the loan of FIVE HUNDRED THOUSAND PESOS (P500.00). This chattel mortgage has been executed in order to secure the full and faithful payment of my obligation to YAMAN NYA in accordance with the terms and conditions of this instrument. this contract shall become null and void. otherwise. ______ issued in my name by the Land Transportation Office on __________________. Engine No. YAMAN NYA Signed in the presence of: UZI 1 PLUS: Acknowledgment UZI 2 DAMI KOTSE 69 . I have signed this instrument on 7 July 2007 at Makati City. racing green. free from all liens and encumbrances that certain motor vehicle. DAMI KOTSE Affidavit of Good Faith We severally swear that DAMI KOTSE. at present in my possession at my address.S. : 00000001111. more particularly described as: Model/Make No. of which I am the true and absolute owner by title thereto. to be paid one (1) year from date hereof. DAMI KOTSE. : 00000001111. IN WITNESS WHEREOF. Upon payment. : BMW 738i (1998). married and resident of Makati. of legal age. mortgagor. Chattel Mortgage Republic of the Philippines Makati City ) ) s. also of legal age.

From MTC (as trial court) to RTC (in appellate jurisdiction) Checklist: • 15 days from notice of judgment or final order • Notice of Appeal • Appellant’s Brief/Memorandum • Appellee’s Brief/Memorandum b. from MTC (in original jurisdiction) to RTC (in appellate jurisdiction) Checklist: • 15 days from notice of judgment or final order • Notice of Appeal (Rule 40. 7) b. 3) o Parties o Judgment or final order appealed from o Material dates showing timeliness of appeal • Proof of payment of appellate court docket and other lawful fees (Rule 40. in criminal cases a.VII. Sec. From RTC (as trial court) to SC Checklist: • 15 days from notice of judgment or final order • Notice of Appeal • Appellant’s Brief/Memorandum • Appellee’s Brief/Memorandum 70 . APPEALS AND OTHER RESORTS TO APPELLATE COURTS IN CRIMINAL AND CIVIL PROCEDURE A. Sec. From RTC (as trial court) to CA Checklist: • 15 days from notice of judgment or final order • Notice of Appeal • Appellant’s Brief/Memorandum • Appellee’s Brief/Memorandum c. in civil cases a. except copy of judgment) • Appellant’s Reply Brief • Memorandum (in special cases) o Statement of the Case o Statement of the Facts o Statement of the Issues o Argument o Relief 2. From RTC (in original jurisdiction) to CA Checklist: • 15 days from notice of judgment or final order • Notice of Appeal • Brief for Appellant o Subject Index of the matter in brief o Assignment of Errors o Statement of the Case o Statement of the Facts o Statement of the Issues o Argument o Relief o Copy of judgment or final order appealed from • Brief for Appellee (same as Brief for Appellant. Ordinary appeals 1. 4) • Memorandum for Appellant and Appellee (Rule 40. Sec.

B. From RTC (on pure questions of law) or CA (in appellate jurisdiction) to SC Checklist: • 15 days from notice of judgment or final order • extension of 30 days • Names of petitioner and respondent (without impleading the lower court/judge/justice) • Statement of Material Dates • Material Allegations. Petitions for Review 1. Reasons or Arguments for allowance of petition • Verification and Certification against Forum Shopping • Attachments o Certified true copy or duplicate original copy of judgment/final 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 Mail (if applicable) 71 . From RTC (as appellate court) or from quasi-judicial agencies to CA Checklist: • 15 days from notice of judgment or final order • extension of 15 days only • • • • • • • Full names of petitioner and respondent Statement of Material Dates Statement of Material Averments Statement of Issues. Errors of Fact or Law Argument Verification and Certification against Forum Shopping Attachments o Certified true copy or duplicate original copy of judgment/final 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 Mail (if applicable) • 2.

. Other Relevant Details [C] BODY 3. Respondent/s is/are .1.2.2. (Case No.1.3. . Petitioner. . . . . Contact Details 2. 1. Liberty and Security of Person or Threat thereof) 1.1. enforced disappearance or extrajudicial killing) 3. Respondent/s.MODEL PETITION: I. 2.2. _____________) . (a) (b) (c) (d) Interim Reliefs be granted immediately Final Reliefs be granted after hearing Interim Reliefs be made permanent Other Reliefs be granted 72 . Temporary Protection Order Inspection Order Production Order Witness Protection Order 5. Statement as to Judicial Affidavits (if any) of witnesses 3.4.3.3. respectfully states that: [B] PARTIES 1. Contact Details 1. by counsel. Statement of Material Facts Relevant to Interim Reliefs (if any) a. Chronology of Events Relevant to the right violated (e. . Personal/Professional Circumstances Relevant (if by Relator. state relationship of relator to victim) 1. d. Petitioner/Relator is . Personal/Professional Circumstances Relevant 2. b. c. . Factual Statements Relevant to Grounds (Violation of Right to Life. Other Relevant Details 2. X ---------------------------------------. Statement as to efforts exerted to vindicate the right/s and results of such efforts 4. Statement of Facts 3.versus Name of Public Official/Employee Or Private Individual or Entity.g. WRIT OF AMPARO [A] CAPTION AND TITLE Republic of the Philippines (COURT) (Location) Name of Aggrieved Party or Relator.X PETITION PETITIONER. Statement of Material Facts Relevant to Final Relief/s [D] RELIEF WHEREFORE.

[E] Date and Place [F] Name and Signature + All Material Information of Counsel [G] VCFS [H] Affidavit of Service and Explanation of Service 73 .

Factual Statements Relevant to Grounds (Violation of Right to Privacy in Life. Respondent/s is/are . .. Statement of Facts 3. by counsel. Statement as to efforts exerted to vindicate the right/s and results of such efforts 4. .g. 2. .2.versus Name of Public Official/Employee Or Private Individual or Entity. WRIT OF HABEAS DATA [A] CAPTION AND TITLE Republic of the Philippines (COURT) (Location) Name of Aggrieved Party or Relator. Contact Details 1. . Personal/Professional Circumstances Relevant 2. (a) (b) (c) (d) Interim Reliefs be granted immediately Final Reliefs be granted after hearing Interim Reliefs be made permanent Other Reliefs be granted [E] Date and Place 74 . enforced disappearance or extrajudicial killing) 3. Other Relevant Details (Case No. Personal/Professional Circumstances Relevant (if by Relator. X ---------------------------------------. 1.3.1. Petitioner/Relator is . state relationship of relator to victim) 1.3. Petitioner. . Respondent/s.2. Chronology of Events Relevant to the right violated (e. Statement as to Judicial Affidavits (if any) of witnesses 3. Statement of Material Facts Relevant to Final Relief/s [D] RELIEF WHEREFORE. Contact Details 2. . _____________) [C] BODY 3. Other Relevant Details 2.X PETITION PETITIONER. . Liberty or Security or Threat thereof) 1.II. Statement of Material Facts Relevant to any Interim Reliefs (if any) 5. .1.4.2. respectfully states that: [B] PARTIES 1.3.1.

[F] Name and Signature + All Material Information of Counsel [G] VCFS [H] Affidavit of Service and Explanation of Service 75 .

b. to identify and apprehend the person/s responsible. d. act or omission against the AP.MODEL RETURN I. e. to verify the identity of the AP. c.2. [if the respondent is a public official/employee]. f. 2. Statement as to: 2.3. Supporting Affidavits of respondents and their witness/es 2. act or omission 2.4.1. Opposition to Interim Reliefs applied for [D] Reliefs [E] Date and Place [F] Name and Signature + All Material Information of Counsel [G] VCFS [H] Affidavit of Service and Explanation of Service 76 . to bring the suspected offenders before a competent court. lawful defenses to show that respondent/s did not violate or threaten with violation the rights subject of the Petition. location and time of death. to identify witnesses and obtain statements from them concerning the death or disappearance. the steps or actions taken to determine the fate or whereabouts of the AP and the persons responsible for the threat. to recover and preserve evidence related to the death or disappearance of the person identified in the petition which may aid in the prosecution of the person/s responsible. to determine the cause or manner. 2. 3. all relevant information in the possession of the respondent pertaining to the threat. add : actions taken or to be taken: a. or disappearance as well as any pattern or practice that may have brought about the death or disappearance. AMPARO [A] CAPTION AND TITLE [B] PARTIES [C] BODY 1.

4. Lawful defenses to show that respondent/s did not violate or threaten with violation the rights subject of the Petition.3. Other allegations relevant to the resolution of the proceeding. The Steps or actions taken by the respondent/s to ensure the security and confidentiality of the data or information.2. 2. Opposition to Interim Reliefs applied for [D] Reliefs [E] Date and Place [F] Name and Signature + All Material Information of Counsel [G] VCFS [H] Affidavit of Service and Explanation of Service 77 . 2.5. 2. The currency and accuracy of the data or information held.1. and 2. Disclosure of the data or information about the petitioner.II. HABEAS DATA [A] CAPTION AND TITLE [B] PARTIES [C] BODY 1. 3. Statement as to: 2. Supporting Affidavits of respondents and their witness/es 2. the nature of such data or information and the purpose for its collection.

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