ATENEO CENTRAL BAR OPERATIONS 2007 Legal Forms SUMMER REVIEWER

This is a summary of basic forms. List of requirements have been included. For similar forms: the caption and the title have been omitted. Only the allegations have been retained.

Pointers to Keep in Mind: 1. General Rule: Documents are printed on legal sized paper or 8.5” x 13.” Exception: Special Power of Attorney, Contracts, Negotiable Instruments such as Promissory note 2. Rule 8, Sec. 1-4, Rules of Court. Manner of Making Allegations in Pleadings 3. Rule 9, Sec. 1 & 11, Rules of Court. Effect of Failure to Plead 4. Rule 7. Parts of a Pleading (Certification against Non-Forum Shopping, Rule 5, Sec. 5)

SS – the abbreviation of “Scilicet” means “to wit; namely.” It is used to particularize a general statement. The omission of “SS,” in a legal document is not material so as to invalidate it.

I. CONTRACT FORMS

A. JURAT

It is that part of an affidavit where the officer certifies that the same was “sworn” before him. It is used in affidavits, certifications verifications or whenever the person executing makes a statement of facts or attests to the truth of an occurrence of an event, under oath.

SUBSCRIBED AND SWORN to before me this day of______, 2007 the affiant exhibiting to me his Community Tax Certificate No.________ issued at Manila on January 2, 2006.

NAME OF NOTARY PUBLIC Notary Public for the Province/City of __________
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Address Appointment No. ______ until December, _____ Roll of Attorney No. _______ PTR No. _________; IBP No. _________; Series No. of Commission ______

—Advisers: Poncevic Ceballos; Head: Maria Felicitas Ele; Understudies: Felippe Mart Closa, Judith Lee—

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
Doc. No. _____ Page No._____ Book No._____ Series of 20___

B. NOTARIAL ACKNOWLEDGMENT

ACKNOWLEDGEMENT – It is the act of one who has executed a deed, in going before some competent officer or court and declaring it to be his act or deed. An acknowledgement is to authenticate an agreement between two or more persons, or where the document contains a disposition of property

Two-fold function of an acknowledgment: 1. to authorize the deed to be given in evidence without further proof of its execution; and 2. to entitle it to be recorded. The same purposes may be accomplished by a subscribing witness going before the officer or court and making oath to the fact of the execution, which is certified in the same manner

BEFORE ME, this ___ day of ________, 20__ in the Municipality of ____________, Province of _________________, Philippines, personally appeared ____________________, with Residence Certificate No. ____________ issued at ___________, __________, on __________, known to me to be the same person who executed the foregoing instrument, and he acknowledged to me that the same is his free act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day, year and place above written.

NAME OF NOTARY PUBLIC Notary Public for the Province/City of __________ Address Appointment No. ______ until December, _____
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Roll of Attorney No. _______ PTR No. _________; IBP No. _________; Series No. of Commission ______

Doc. No. _____ (or Not. Reg. No._____) Page 2 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
Page No._____ Book No._____ Series of 20__.

C. DEED OF SALE

1. REGISTERED LAND DEED OF ABSOLUTE SALE

I, __(seller)__, of legal age, married to __________, Filipino citizen, and a resident of ___________, in consideration of the sum of __________ PESOS (P______), to me in hand paid by __(buyer)__, of legal age, married to _________, Filipino citizen, and resident of _________, do hereby sell and convey unto said __(buyer)__, his heirs and assigns, a parcel of land with the improvements thereof situated in __________, and more particularly described as follows:

(Description)

of which I am the registered owner in accordance with the Land Registration Act, as amended, my title thereto being evidenced by Original/Transfer Certificate of Title No. _____ issued by the Register of Deeds of _______.

IN WITNESS WHEREOF, I have hereunto signed these presents at the city of ________, on this __ day of ______, 2007.

____________________ (Vendor)

WITH MY MARITAL CONSENT:

_____________________
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SIGNED IN THE PRESENCE OF:

__________________________

__________________________ Page 3 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

ACKNOWLEDGMENT

2. PERSONAL PROPERTY

BILL OF SALE

KNOW ALL MEN BY THESE PRESENTS:

I, __(seller)__, of legal age, residing at ________________, for and in consideration of the sum of _________________ PESOS (P__________), Philippine currency, to me paid by__(buyer)__, also legal age

and residing at _______________, receipt whereof is hereby acknowledged, do hereby SELL and CONVEY unto the said __(buyer)__, his heirs and assigns, the following property:

(Description of Property)

I further covenant with the said __(seller)__ that I own and have the right to sell and transfer the title and ownership of the above–described property; I will defend the same against the claims of any and all persons whatsoever.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of __________, 2007, ____________, Philippines. _________________ (Vendor)

Signed in the presence of: __________________

__________________

ACKNOWLEDGMENT
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needed to see this picture. D. CONTRACT OFare LEASE

CONTRACT OF LEASE

__(full name of lessor)__, of age, single / married, with residence and post-office address at _____________________________; hereby leases unto __(lessee)__ of age, single / married, that certain premises at _________________, under the following terms and conditions: Page 4 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
1. That the term of this lease shall be ___________________;

2. That the monthly rental of the leased premises shall be _______________ payable in advance within the first five (5) days of the month;

3. That the premises leased have been received by the lessee in good, habitable conditions;

4. That all the ordinary repairs within the premises that arise in the daily use of the facilities therein shall be for the sole account and expense of the lessee, without right to reimbursement;

5. That the lessee shall use the leased premises exclusively for family dwelling, and shall have no right to use the same for business purposes;

6. That the lessee is expressly prohibited to sublet the leased premises to any one, without the express consent of the lessor in writing;

7. That all charges for water, light, gas, telephone used within the premises shall be at the sole account of the lessee;

8. That the lessee shall be responsible for the observance of sanitary and electrical regulations required or imposed by the city or government authorities regarding the use and habitation of the leased premises;

9. That the lessee shall notify the lessor at least 30 days in advance should the lessee decide to abandon the leased premises;

10. That violation of any of the above terms and conditions will produce ipso facto the rescission of this contract of lease.

IN WITNESS WHEREOF, the parties hereto have signed this contract of lease this ___ day of ________________, 2007, in the City of ____________, Philippines.

_________________
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___________________ (Lessee)

(Lessor)

WITNESSES: _______________________

_______________________ Page 5 of 54

— and — ______________. of legal age. this ___ day of __________. TIFF (Uncompressed) decompressor are needed to see this picture. of legal age. with residence at _________________ and hereafter called the DONEE. the above-mentioned real property. IN WITNESS WHEREOF. the parties hereto have signed these presents. Filipino. entered into by and between: ______________. the said DONOR by theses presents does hereby TRANSFER AND CONVEY by way of DONATION. free from all kinds of liens and encumbrances whatsoever. That the DONEE does hereby ACCEPT the foregoing donation of the above-described property for which he/she expresses his/her sincerest appreciation and gratitude for the kindness and liberality shown by the QuickTime™ and a DONOR. 2007. unto the said DONEE. Filipino. for and consideration of the love and affection of the DONOR for the DONEE (insert consideration for the donation such as “for faithful services the donee rendered the donor). _______ of the Register of Deeds of ________. single. DEED OF DONATION DEED OF DONATION KNOW ALL MEN BY THESE PRESENTS: This DEED OF DONATION. WITNESSETH: That the DONOR is the absolute owner of that certain real property situated at ____________________and more particularly described in Transfer Certificate of Title No. at _______ City. as follows: (Description of property) That.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ACKNOWLEDGMENT E. with residence at ______________ and hereafter called the DONOR. single. Page 6 of 54 .

_____________________ QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. with interest at _____ percent per annum until fully paid. for value received.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ________________________ (Donor) ________________________ (Donee) WITNESSES: ______________________ ______________________ ACKNOWLEDGMENT E. Philippines _______months (or days) after date. REAL ESTATE MORTGAGE REAL ESTATE MORTGAGE Page 7 of 54 . (Drawer) G. The makers and indorsers severally waive presentment for payment. pay to __(payee)__ or order the sum of __________ (P_________) PESOS. and charge the same to the account of __(drawer)__. Philippine Currency. to ___________ or order the sum of_____________________ PESOS. May__. ___________________ (Maker) F. I promise to pay. BILL OF EXCHANGE ___________City. protest and notice of non-payment of this note. PROMISSORY NOTE DATE_________________ P_________________. 2007 For value received.

_______________. OTHERWISE. of the land registry of ______________. 2007 in __________________. made and executed by and between: ____________________. this __ day of ________________. IN WITNESS WHEREOF. of legal age. and ____________________. Filipino. dated ______________ for the sum of ___________ PESOS (P ______________). Philippines. the same shall remain in full force and effect and shall be enforceable in the manner provided by law. MORTGAGOR.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 KNOW ALL MEN BY THESE PRESENTS: This REAL ESTATE MORTGAGE. to wit: (Description) of which real property the MORTGAGOR is the registered owner in accordance with the provisions of the Land Registration Act. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. together with all the improvements. the mortgagor has hereunto set his hand. single / married to ______________________ with post-office address at ___________________ . of legal age. ____________________ (Mortgagor) ____________________ (Mortgagee) Page 8 of 54 . according to the terms thereof and in the words and figures as follows: (Copy promissory note) That the conditions of this REAL ESTATE MORTGAGE are such that if the mortgagor shall well and truly pay or cause to be paid unto the mortgagee the aforesaid sum with accrued interest. MORTGAGEE. situated in ______________________. That this real estate mortgage is given as security for the payment to the mortgagee of a certain promissory note. single / married to ______________________ with post-office address at ___________________ WITNESSESTH: That the MORTGAGOR does hereby convey by way of REAL ESTATE MORTGAGE unto the MORTGAGEE the following described real property. with interest thereon at the rate of ___________ per centum (__%) per annum. his title thereto being evidenced by Transfer / Original Certificate of Title No. Filipino. then this mortgage shall be of no further force and effect.

to wit: (Specify and describe the article or articles mortgaged. Page 9 of 54 . with interest thereon at the rate of __________________ (__%) per centum per annum. for the sum of _____________ PESOS (P___________). executors. Filipino. single (or married to __________________). That the condition of this CHATTEL MORTGAGE is such that if the said MORTGAGOR. single (or married to ____________________). his heirs. or administrators shall well and truly perform the full obligation above stated according to the terms thereof. according to the terms thereof. made and executed by __(mortgagor)__. with residence and post-office address at __________________ hereinafter called the MORTGAGEE. Filipino. of a certain promissory note. of legal age. otherwise.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Signed in the presence of: _________________________ _________________________ ACKNOWLEDGMENT H.) That this CHATTEL MORTGAGE is given as security for the payment to the MORTGAGEE. of legal age. and in the words and figures following: (Copy the promissory note) QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. it shall remain in full force and effect and shall be enforceable in the manner provided for by law. Witnesseth: That the MORTGAGOR does hereby convey by way of chattel mortgage unto the MORTGAGEE the following described personal property. dated ____________________. then this CHATTEL MORTGAGE shall be null and void. situated and ordinarily kept at ___________________ and presently in the possession of the said MORTGAGOR. with residence and post-office address at _______________________ hereinafter called the MORTGAGOR in favor of __(mortgagee)__. CHATTEL MORTGAGE DEED OF CHATTEL MORTGAGE KNOW ALL MEN BY THESE PRESENTS: This CHATTEL MORTGAGE.

now and hereinafter called the Pledgor. Philippines. married. and one not entered into for the purpose of fraud. the Pledgor has agreed with the Pledgee to secure the payment of the said note.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 IN WITNESS WHEREOF. and that the same is a just and valid obligation. in favor of the Pledgee and made payable within ____ (__) days after date at ________________. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Philippine Currency. PLEDGE PLEDGE This AGREEMENT. and residing at _________________. the Pledgor has executed a promissory note dated ______. and for no other purpose. WHEREAS. the undersigned MORTGAGOR and MORTGAGEE. made and entered into this ___ day of __________. this __ of ______________. Philippines. and _______________________ likewise of age. 2007. in _________________. for amount of ___________________ (P_______) Pesos. 2007. Page 10 of 54 . now and hereinafter called the Pledgee. Philippines. 2007 by and between __________ of age. ________________________ (Mortgagor) Signed in the presence of: _________________________ _________________________ ACKNOWLEDGMENT Affidavit of Good Faith WE. Witnesseth: That WHEREAS. single. and residing at ________________________. severally swear that the foregoing chattel mortgage is made and executed for the purpose of securing the obligation specified therein. _______________________ (Mortgagor) ______________________ (Mortgagee) JURAT I. Philippines. the MORTGAGOR has hereunto set his hand.

and the above-named securities are to be returned to the Pledgor. the said Pledgor. That should the said note or any part thereof. _________________________ _________________________ ACKNOWLEDGMENT Page 11 of 54 . and of which he has the free disposal. the Pledgor has. and That in case of deterioration or fall in the price or market value of the personal property herein pledged. IN WITNESS WHEREOF.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 NOW THEREFORE. 2007 at ___________. the said note shall be considered due and payable under the above stipulation.this agreement is to be void. and in default of which. to wit: (Description of Property) And the said parties to this instrument agree that the Pledgee who acknowledges receipt of the aforementioned personal property of the Pledgor shall take good care of the said property until redeemed by the said Pledgor. the Pledgor hereby agrees to put up additional security in proportion to the deterioration or fall in market value of the same. from the proceeds of such sale to pay the principal and interest of the said note. Philippines. after the said note shall have been due. his heirs. deposited with the said Pledgee the following personal property of his own exclusive ownership. we have set our hands this __ day of _____. but in the event of payment of said note and interests due therefrom. remain due and unpaid. of the Civil Code. executors. ______________________________ Pledgor _______________________________ Pledgee In the presence of: QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. administrators and assigns. according to the terms thereof. irrevocably empowers and authorizes the said Pledgee. as a collateral security for the payment of the aforementioned note and by way of pledge. or interest to grow thereon. to sell or dispose of the abovementioned property or any part thereof at public auction as provided for in Article 2112. in consideration of the premises and mutual covenants herein contained. and all such costs as may be incurred by virtue of such sale.

to represent me and giving him full powers to enter into pre-trial and stipulate facts in accordance with law. SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: 1. for me and in my name. That in view of the fact that I cannot attend said pre-trial because I am making a business trip to Japan. ____. 1878 of the New Civil Code for the instances for special power of attorney. Filipino citizen. single (or married to __________). __(counsel’s name)__. ACKNOWLEDGMENT K. IN WITNESS WHEREOF. 2007 at ________. ASSIGNMENT DEED OF ASSIGNMENT Know All Men By These Presents: Page 12 of 54 . single (or married). I have hereunto set my signature this.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 J. SPECIAL POWER OF ATTORNEY SEE Art. ________________________ Principal Witnesses: ________________________ ________________________ QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. of legal age. That I. and stead for the pre-trial _________________. I have authorized by these presents my counsel. That said case was scheduled for pre-trial on __________. __ day of _______. __(principal)__. place. of legal age. residing at _________________ have filed a complaint for damages against _____________. 2. Regional Trial Court of _______. 3. residing at ________________ to be my true and lawful attorney. Civil Case No.

for and in consideration of the sum of P_____________ to me in hand paid by ______________ of legal age. of legal age. ________________. And I do hereby agree and stipulate to and with said ___________ his heirs. to demand. to the amount of P_____________. transfer and set over unto said _____________. or to delay or prevent said ____________ his heirs. but at his/their own cost and expense. we have hereunto set our hands on this ___ day of _______. And I further agree and stipulate as aforesaid that I. a certain debt now due and owing to me by _______________. his heirs. assigns. assigns. his heirs. ______________________ (Assignor) _______________________ (Assignee) In the presence of: QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. executors. Philippines the receipt of which is hereby acknowledged. executors. collect. from collecting the same. executors. And I do hereby grant said __________. of legal age. _______________________ _______________________ ACKNOWLEDGMENT Page 13 of 54 . receive. compromise and give acquittance for the same or any part thereof. administrators. for his/their own use and benefit. executors. administrators and assigns. single/married to ______________. for money loaned by me to said _______________. my heirs. administrators and assigns that said debt is justly owing and due to me from said ________________ and that I have not done and will not cause anything to be done to diminish or discharge said debt. his heirs. plus interest due and accruing thereon. executors or administrators. single/married to _____________ and residing at _________________ Philippines. executors. do hereby sell. and residing at _____________ Philippines. assigns. single/married to ___________________ and residing at _______________. and in my name and stead or otherwise to prosecute and withdraw any suit or proceeding therefor. administrators and assigns. execute and do all such further acts and deeds as shall be reasonably necessary for proving said debt and to more effectually enable him to recover same in accordance with the true intent and meaning of these presents. assign. compound.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 That I. IN WITNESS WHEREOF. the full power and authority. shall and will at all times hereafter at the request of said ____________. 2007 at the city of ___________. administrators and assigns at his cost and expense.

assignment or any other form of encumbrance upon any and all properties or assets of the corporation of whatever kind or nature.” “RESOLVED FURTHER. with principal office at 1434 Ayala Avenue. to generate funds for the purpose of expanding the business of exporting hard disk drives. that the corporation be empowered and authorized to apply for. in order to effectuate the foregoing matters. after being informed of the necessity of obtaining loans and/or credit accommodation with any banking/ lending institution. obtain loans from DI BASTA BASTA BANKING INC. pledge. Filipino. That during the special meeting of the Board of Directors held on 5 January 2007. as it is hereby resolved. draft. including the renewals/extensions/increase/amendments/restructuring thereof.. as may be sufficient or required for the purpose. of legal age. and to secure and guarantee the payment of the aforesaid loan or credit facilities by means of mortgage.. and/or of its existing credit facilities in such amount(s) and under such terms and conditions as may be mutually agreed upon. wherein a quorum was present and acted throughout. surety agreement. SECRETARY’S CERTIFICATE I. and the like. Makati City. purpose sheet.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 L. as it is hereby resolved. that ISIDRO BARRIOS. and deliver any and all documents including QuickTime™ and a TIFF (Uncompressed) decompressor needed to see this picture. BD-028-2007 “RESOLVED. pledge. 2. disclosure statement. including the renewal. negotiate. rollover or restructuring thereof. the President. mortgages. a corporation duly organized and existing under Philippine laws. do hereby depose and state as follows: 1. BOARD RESOLUTION AUTHORIZING CORPORATE OFFICER REPUBLIC OF THE PHILIPPINES MAKATI CITY } } S. trust receipt. real or personal. be authorized to sign. That I am the incumbent Corporate Secretary of Disk Drives Unlimited. after being sworn in accordance with law. promissory note. the Board approved the following resolution. with office address at 1434 Ayala Avenue. Katerina Staahl. Makati City. butare not limited to loan application. extension and/or increase.” Page 14 of 54 . assignment. application for letters of credit.S. to wit: RESOLUTION NO. execute.

unless and except to the extent that the foregoing resolutions shall be revoked or modified by the receipt of any subsequent resolution/s of the Board of Directors of the Corporation. including the renewal. roll-over and/or restructuring thereof. That the foregoing Resolution remains valid and has not in any manner been novated.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 NAME Isidro Barrios POSITION President SIGNATURE “RESOLVED FINALLY that DI BASTA BASTA BANKING INC. AFFIANT FURTHER SAYETH NAUGHT. nor repealed to date. increase. be furnished a copy of the foregoing resolutions for its guidance and may continue to rely on the authority conferred thereon. ___________________________ Corporate Secretary II. Manila REPUBLIC OF THE PHILIPPINES COURT OF APPEALS Manila Page 15 of 54 . CAPTION REPUBLIC OF TE PHILIPPINES SUPREME COURT QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.” 3. Issued this 20th day of March 2007 at Makati City. revoked. JUDICIAL FORMS A.

Bulacan B.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Manila. Branch 12 REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT OF MANILA Manila. 21 For: A Sum of Money PAOLO ONTI. -versus- *Civil Case No. TITLE BITOY VALENZUELA Plaintiff. Branch 8 REPUBLIC OF THE PHILIPPINES SECOND JUDICIAL REGION MUNICIPAL TRIAL COURT Sta. x------------------------------------------------x Page 16 of 54 . Maria. Branch 12 REPUBLIC OF THE PHILIPPINES MUNICIPAL TRIAL COURT Batangas City. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Defendant.

. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. ____________. for Special Proceedings cases. issued on _______ at __________. and not to the CA and the SC.. Name of Counsel Cousel for Plaintiff / Defendant (adverse party) Roll of Attorneys No. ______. use G. C. NOTICE OF HEARING It is important to note that the a notice of hearing shall be required only to petitions or motion before trial courts. Case No. Name of counsel Counsel for __(adverse party)__ Address: ___________________ Sir / Ma’am: Page 17 of 54 .Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 * For civil cases file before ordinary courts. issued on _______ at __________. for criminal cases and Sp. PTR No. SIGNATURE OF COUNSEL BITOY VALENZUELA Counsel for ___(plaintiff/ defendant)__ Address: _______________ Roll of Attorney No. 2007. _______________ IBP No. R. ______. Proc No. PROOF OF SERVICE RECEIVED COPY this __ day of ________. respectively. issued on ______ at _________. Use Crim. If filed before the Supreme Court or the Court of Appeals. ______ IBP OR No. E. No. or CA-GR No. such as the MTC and the RTC. issued on ________ at ________. D. _____________. PTR OR No.

(Rule 7. Revised Rules of Court) __(Name of affiant)__. Page 18 of 54 . that he has caused the (above) foregoing petition (complaint) to be prepared and has read the contents thereof. Sec. ___________________________ Affiant JURAT QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. CERTIFICATION AGAINST NON-FORUM SHOPPING CERTIFICATE OF NON-FORUM SHOPPING 1 Necessary when service is by means other than personal service.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Please be informed that the undersigned counsel has set the foregoing motion (or petition) for hearing on ______ at 8:30 a. for the consideration of the Honorable Court or soon thereafter as counsel may be heard. EXPLANATION EXPLANATION 1 Copy of the foregoing complaint was served upon defendant’s counsel by registered mail. G. Signature of Counsel F. personal service not being practicable at the present time. that the allegations therein are true and correct of his (her) own knowledge. Verifications based on “information and belief. 6.” or upon “knowledge. due to the messengerial constraints. H. deposes and says: “That he (her) is the petitioner in the above-entitled case. VERIFICATION VERIFICATION – It is an averment by the party making a pleading that he is prepared to establish the truth of the facts which he has pleaded.m. A pleading is verified by an affidavit stating that the person verifying has read the pleading and that the allegations thereof are true of his own knowledge. after being sworn in accordance with law. and belief” shall be deemed insufficient. information.

_________________. or in any other tribunal or agency .Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 I. ___________. of legal age. plaintiff.] Place and date. do hereby certify under oath that: 1. _____________________ (Signature of Plaintiff) JURAT J. QuickTime™ and a TIFF (Uncompressed) decompressor needed to see this picture.Or - [To the best of my knowledge. an action or proceeding involving the same issues is pending in the (name of the court) in (title and number of case). 2. Regional Trial Court Metropolitan and Municipal Trial Court. I have not heretofore commenced any action or proceeding involving the same issues before the Supreme Court. with address at ___________________. and its present status is (status of pending case) 3. depose and state that: 1. of legal age. no such action or proceeding is pending in the Supreme Court. I undertake to report such fact within five (5) days therefrom to the Honorable Court. the Court of Appeals. 3. or any other tribunal or agency. or any other tribunal or agencies. no other similar action is pending in the Supreme Court . or any of their Divisions. I have are read the contents of the complaint and attest that the same are true and correct based on the authentic records and my personal knowledge. after being sworn in accordance with law. To the best of my knowledge. Court of Appeals. a Filipino citizen. the Court of Appeals. VERIFICATION AND CERTIFICATION AGAINST NON-FORUM SHOPPING VERIFICATION AND CERTIFICATION AGAINST NON-FORUM SHOPPING I. the Court of Appeals. or any other Page 19 of 54 . I am the plaintiff in this case. in the above-entitled case. 2. To the best of my/plaintiff's knowledge. I have been duly authorized to execute this verification and certification. If I should hereafter learn that a similar action or proceeding has been filed or is pending before the supreme Court.

GENERAL FORMAT OF A PLEADING Republic of the Philippines National Capital Judicial Region Regional Trial Court Branch _____._____ For:_____________ ________________. I have hereunto set my hand this _________. respectfully alleges: (Body) . Makati City ________________. Defendant. _____________________________ (Signature of Complainant) K. it is respectfully prayed that____________________. Plaintiff. unto this Court. IN WITNESS HEREOF. I/plaintiff hereby undertake to report that fact to this Honorable Court within five (5) days from discovery. (Prayer) WHEREFORE.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 tribunal or agency. x------------------------------------x (TITLE) (Plaintiff/Defendant). Page 20 of 54 . through Counsel. (Plaintiff/Defendant) prays for such other reliefs as this Honorable Court may deem just and equitable. -versus- Civil Case No.Allegations - QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.

ONLY PERTINENT ALLEGATIONS HAVE BEEN RETAINED) SUMMARY OF REQUIREMENTS FOR COMPLAINT and/or OTHER INITIATORY PLEADINGS 1. 6. 8. when appropriate NOTICE OF HEARING. supported by pertinent provisions of law and jurisprudence Prayer/Relief Sought Signature of Counsel Verification/Certificate of Non-Forum Shopping (initiatory pleading) Notice of hearing (Uncompressed) of decompressor A. Signature of Counsel VERIFICATION. 5. Caption Parties Allege ultimate facts and other material allegations Arguments. TITLE. ____(Date)____. 4. Plaintiff ______________ (hereafter Plaintiff) is a Filipino citizen. if required PROOF OF SERVICE EXPLANATION CIVIL (CAPTION. AND SIGNATURE OF ATTORNEY OMITTED. if required CERTIFICATE OF NON-FORUM SHOPPING. married and Page 21 of 54 . 3. QuickTime™ and a (Copy Caption and Title) COMPLAINT 1. of legal age.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Makati City. Complaint forTIFF Collection Sum of Money are needed to see this picture. 7. 2. Metro Manila.

Signature of Counsel QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. 5. 2. WHEREFORE. of legal age. plaintiff was compelled to file the instant action engaging the services of counsel in the amount of P10. VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING B. and residing _______________________________ where he may be served with summons and other court processes. 3.00. with legal interest.00). That the 30-day period had elapsed and despite demands made orally and in writing (attached as “Annex B”) by the plaintiff. defendant executed a promissory note in favor of the plaintiff in the amount of P________ payable within 30 days from the date of the promissory note (attached as “Annex A”) which reads as follows: Manila. as ACTUAL DAMAGES and TEN THOUSAND PESOS (P10.00) as Attorney’s Fees. Complaint for Ejectment (Copy Caption and Title) COMPLAINT Page 22 of 54 . and decision. Other just and equitable reliefs are also prayed for.000. motions. plaintiff respectfully prays for judgment in his favor through a Decision directing defendant to pay him FIFTY THOUSAND PESOS (P50.000. PEDRO REYES 4. Philippines 1 August 1990 I promise to pay Juan dela Cruz the sum of P50.000. Defendant _______________ (hereafter Defendant) is a Filipino citizen. defendant refused and failed to pay the amount stated in the promissory note. That due to the unjust refusal of defendant to comply with the demands.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 residing at ____________________ where he may be served with court processes. Place and date.000 or order within 30 days from this date. 1990. That on August 1.

plaintiff informed defendant of its intention not to renew the lease as it would use the property for its business expansion. 2. 5. A copy of plaintiff’s letter to defendant is attached as ANNEX B. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Defendant’s continued occupation of the premises has also forced plaintiff to sue and to incur legal expenses amounting to Fifty Thousand Pesos (PHP50. 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. Upon expiration of the contract. by counsel. where he may be served with summons and other pertinent processes.00). Plaintiff owns that property located at 112 Ocean Drive. 4. single and currently resident of 112 Ocean Drive. of legal age. plaintiff then asked defendant to vacate the premises.500 representing rentals on the machineries for seven (7) months and Fifty Thousand Pesos (P50. respectfully states that: 1. Plaintiff is a foreign corporation organized and existing under the laws of France with business address at 111 Ocean Drive.000. WHEREFORE. 3. 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. Resort to the Barangay conciliation system proved useless as defendant refused to appear before the Lupong Tagapamayapa. Other just and equitable reliefs are also prayed for. Quezon City which it leased to defendant under the terms and conditions stated in the Contract of Lease dated 1 January 1995. A copy of the contract is attached as ANNEX A. which contract expires on 31 December 1996.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 PLAINTIFF. Tuna Compound.00) for Attorney’s fees. Tuna Compound.000. Place and date. Quezon City. A Certification to File Action is attached as ANNEX C. Quezon City. Signature of Counsel VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING Page 23 of 54 . Despite demand duly made and received. defendant has refused to vacate the premises and continues to occupy the property without plaintiff’s consent. Tuna Compound. Defendant is a Filipino.

WHEREFORE. Filipino citizen and residing at _______________ where he may be served with court processes. Manila. That by virtue of a contract of lease. 5. Place and date. That plaintiff is married.00 (Five Thousand Pesos) a month as rental to be paid within the first ten days of each month starting December 1. located at 436 Rizal Avenue. That by reason of the failure of the defendant to vacate the premises and to pay the unpaid rentals. motions. 2. plaintiff sent a letter of demand to vacate the apartment which was received by the defendant as shown in the registry return receipt hereto attached. and decision while defendant is a Filipino citizen. Complaint for Unlawful Detainer (Copy Caption and Title) COMPLAINT COMES NOW. 4. plaintiff was compelled to file this complaint engaging he services of counsel in the amount of P10. and to this Honorable Court respectfully alleges: 1. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. That defendant failed to pay the agreed rental for several months starting from February 2007 up to the present.000. 1993. That plaintiff is the owner of a land over which an apartment had been constructed.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 C. Signature of Counsel Page 24 of 54 . 6. married and residing at ____________________ where he may be served with summons and other court processes. the plaintiff through undersigned counsel. That despite said letter of demand which was repeated by oral demands defendant failed and still refused to pay the agreed amount of rentals and to vacate the apartment. Plaintiff prays for such other remedy. 7.000. 3. as this Honorable Court may deem just and equitable. plaintiff leased unto the defendant the aforesaid apartment for a consideration of P5. That on April 2.000 and further rentals until the said defendant fully vacates the premises and to pay the costs of the suit. it is respectfully prayed that judgment be rendered ordering the defendant to vacate the premises to pay the unpaid monthly rentals in the amount of P50. 2006.

Complaint before the Lupon Tagapamayapa Republic of the Philippines Province of_________ City/Municipality______ Barangay________ ________________._____ For:_____________ ________________. Summons and notices of hearing sent to the parties.Allegations - (Prayer) WHEREFORE. Page 25 of 54 . -versus- Barangay Case No. the Pankat Secretary of the Office of the Lupon Tagapamayapa shall issue a Certificate to file action. x------------------------------------x COMPLAINT I hereby complain against respondent ____________ for violation of my rights and interest committed in the following manner: (Body) . Complainant. Respondent. 200__ Punong Barangay/ Lupon Chairman QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. If the parties could not settle their dispute.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING E. it is respectfully prayed that____________________ Copy relief prayed for Made this_____day of__________.

WHEREFORE.2 and 3 of the complaint. defendant alleges: 1. Other equitable reliefs are likewise prayed for. 6.000). the defendant avers: 1. That by virtue of this unwarranted and malicious act initiated by the plaintiff.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 F. Signature of Counsel G. it is respectfully prayed that the complaint be dismissed and defendant be awarded the amount of __________ pesos (P _________). the truth being that (fact being claimed by the defendant as the true state of facts or truth in the special and affirmative defenses herein set forth): 3. through the undersigned counsel. in the above-entitled case and to this Honorable Court most respectfully alleges: 1. 7 and 8 of the complaint By way of special and affirmative defenses. Defendant specifically denies the allegation in paragraph 4 of the complaint. The cause of action has prescribed By way of counterclaim. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Place and date. Defendant has no knowledge or information to form a belief as to the truth of the averment in paragraphs 5. the defendant. Defendant admits averment in paragraphs 1. Motion for Extension of Time (Copy Caption and Title) Page 26 of 54 . The obligation has been paid 2. Answer with Special and Affirmative Defenses and Counterclaim (Caption and Title) ANSWER COMES NOW. the defendant was forced to engage the services of counsel in the sum of twenty-thousand pesos (P20. 2.

1 August 1999. therefore making a hearing unnecessary. 2. by counsel. within which to submit plaintiff’s Reply. Regional Trial Court Quezon City-Branch 101 Please enter the appearance of the undersigned as counsel for defendant _______________. within which to submit plaintiff’s Reply. WHEREFORE. or until 25 January 2007. APPEARANCE OF COUNSEL (Copy Caption and Title) ENTRY OF APPEARANCE THE BRANCH CLERK OF COURT QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. the undersigned is constrained to ask for an additional fifteen (15) days from 10 January 2007 or until 25 January 2007. respectfully states that: 1. He has been directed to file a Reply to defendant’s Answer by 10 January 2007. plaintiff respectfully prays that he be granted an additional fifteen (15) days from 10 January 2007. For this reason. The undersigned counsel. Quezon City. however. Signature of Counsel NOTICE OF HEARING 2 PROOF OF SERVICE EXPLANATION H. Page 27 of 54 . This motion is not intended for delay but is motivated only by the foregoing reason. 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. with her 2 Notice of hearing shall not be necessary in case of a motion for extension of time filed by defendant to submit answer to a complaint for the such an extension is a matter of right on the part of the defendant.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 MOTION FOR EXTENSION OF TIME PLAINTIFF. 3.

Place and date. kindly address all pertinent notices to the undersigned at the address given below. in this case. Signature of Counsel WITH MY CONFORMITY: Page 28 of 54 . Henceforth. Henceforth. kindly address all pertinent notices to plaintiff at his address given in the Complaint. Signature of Counsel WITH MY CONFORMITY: __________________________ (Defendant) PROOF OF SERVICE EXPLANATION I. WITHDRAWAL OF COUNSEL (Copy Caption and Title) WITHDRAWAL OF APPEARANCE THE BRANCH CLERK OF COURT Regional Trial Court Quezon City-Branch 101 Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff __________________.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 express conformity as indicated below. with his express conformity as indicated below. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. RESPECTFULLY SUBMITTED. RESPECTFULLY SUBMITTED. in this case. Place and date.

through counsel.) WHEREFORE. in view of all the foregoing. ARGUMENTS (a) That the claim or demand set forth in the plaintiff’s complaint has been released. Place and date.) (b) That said claim or demand is unenforceable under the provisions of the Statute of Frauds. 2. That said claim or demand is unenforceable under the provisions of the statute of frauds. (Here state the reasons to support the first ground. Motion to Dismiss (Copy Caption and Title) MOTION TO DISMISS COMES NOW. with costs against the plaintiff. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 _________________________ (Plaintiff) J. respectfully moves this Honorable Court to dismiss the plaintiff’s complaint on the following grounds: 1. That the claim set forth in the plaintiff’s complaint has been released. (Here state the reasons to support the second grounds. Signature of Counsel NOTICE OF HEARING PROOF OF SERVICE EXPLANATION Page 29 of 54 . the defendant. the undersigned attorney prays that plaintiff’s complaint to be dismissed.

Despite the lapse of time. a copy of which is attached as ANNEX A. respectfully states that: 1. summons were served on defendant on 20 January 2007. Defendant’s reglementary period to file Answer ended on 5 February 2007. plaintiff is entitled to a declaration of default and the right to present evidence ex parte against defendant. Signature of Counsel NOTICE OF HEARING PROOF OF SERVICE EXPLANATION L. Motion to Declare Defendant in Default (Copy Caption and Title) MOTION TO DECLARE DEFENDANT IN DEFAULT PLAINTIFF. Plaintiff filed this Complaint against defendant on 1 January 2007. (Copy Caption and Title) MOTION TO LIFT ORDER OF DEFAULT AND FOR NEW TRIAL COMES NOW. no motion for extension of such period was filed nor was any granted motu propio by this Honorable Court. 2. L. WHEREFORE. Motion to Lift Order QuickTime™ of Default and a TIFF (Uncompressed) decompressor are needed to see this picture. Place and date. as indicated by the Sheriff’s Return of even date.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 K. defendant in the above-entitled case through the undersigned counsel and to this Page 30 of 54 . by counsel. defendant has failed to answer the Complaint against her. 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.

hence. Signature of Counsel NOTICE OF HEARING PROOF OF SERVICE EXPLANATION M. defendant respectfully prays the order of default issued by this Honorable Court be lifted and he be allowed to file his answer and a new trial be held. Pre-trial Brief (Copy Caption and Title) PRE-TRIAL BRIEF DEFENDANT. I. That if properly served with the summons he will file his answer and has a good and valid WHEREFORE.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Honorable Court respectfully alleges: 1. That the defendant was not duly informed about said complaint against him. Page 31 of 54 . by counsel. defendant is open to the possibility of amicably settling this dispute. 2. That the summons issued by this court was served in an address which was not the correct address of the defendant as he is now living in another city which is _______________. defense. as follows: QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.1. he was not able to file the answer. 3. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT 1. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of openness from plaintiff. respectfully submits his Pre-Trial Brief. Place and date.

2. Plaintiff’s entitlement to the amount claimed. Defendant admits only those facts stated in her Answer. Page 32 of 54 .1. Plaintiff’s bad faith in filing this suit. EVIDENCE 5. 4. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure. if necessary.e.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 1.1. V.) 5. i. Subject to a concrete proposal for stipulation of additional facts from plaintiff during pre-trial or even thereafter.1. her personal circumstances. BRIEF STATEMENT OF CLAIMS AND DEFENSES (Allege summary of claims and defenses.2. defendant admits no other facts stated in the Complaint. 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. a schedule of payments. second. defendant respectfully submits that the desired terms of any amicable settlement would involve.1. 3. (Enumerate and describe evidence sought to be presented. first. IV. receipt of the demand letter dated __________ and her reply to the demand letter. ISSUES TO BE TRIED 4.2.1. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES 3. II.2.. Defendant reserves the right to present any and all documentary evidence. Defendant’s entitlement to the claims made in her Compulsory Counterclaim as a result of plaintiff’s bad faith. Plaintiff’s personality to seek legal reliefs. Defendant submits that the following issues put forward by plaintiff are subject to proof: 4. Defendant submits that the following issues she put forward are subject to proof: 4.2. 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.2. 4.) III.2.1. Defendant intends to present the following witnesses: QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. 4.1.2.

Place and date. however. Signature of Counsel Page 33 of 54 . QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. defendant reserves the right to resort to discovery before trial. A copy of the physicians certificate under is hereto attached. RESPECTFULLY SUBMITTED. defendant does not intend to avail of discovery at this time. Estrada. Subject. 2007 be set to another day preferably on the first week of August 2007 or at the convenience of this Honorable Court. to a concrete and reasonable request for discovery from plaintiff.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 VI. unto this Honorable Court respectfully states: That the above-entitled case is set for hearing on March 9.2. Considering the relatively simple issues presented. Place and date. it is respectfully prayed that the hearing set on July 9. Motion for Postponement (Copy Caption and Title) MOTION FOR POSTPONEMENT OF HEARING COMES NOW the defendant. 2007. by the undersigned counsel. That counsel for defendant is afflicted with _____ and is now under the medical care of Dr. 6. WHEREFORE. RESORT TO DISCOVERY 6. Signature of Counsel PROOF OF SERVICE N.1.

Place and date. and that defendants be ordered to file their answer to the complaint-in-intervention. as shown by the service of motion along with its enclosed complaint-in-intervention. ___(Name of Intervenor)___. Motion for Intervention (Copy Caption and Title) MOTION FOR INTERVENTION COMES NOW. Copy of the complaint-in-intervention is attached hereto and is served on the original parties.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 NOTICE OF HEARING PROOF OF SERVICE EXPLANATION O. WHEREFORE. PROOF OF SERVICE EXPALANATION Page 34 of 54 . Signature of Counsel NOTICE OF HEARING UPON PLAINTIFF AND DEFENDANT QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. by undersigned counsel and to this Honorable Court respectfully alleges: 1. that the attached complaint-in-intervention be admitted. and that he may be adversely affected by the result of the proceedings) … 2. __(Name of Intervenor)__ respectfully prays that he be allowed to intervene in the case as party plaintiff. Allowing movant to intervene will not unduly delay the adjudication of the case and will prevent multiplicity of suits 3. (allege facts showing intervenor’s legal interest in the matter under litigation.

In and this principal amount. by showing receipt of payment. The burden of showing payment rests on defendant. to wit: (Enumerate the documents.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 P. Place and date. Copy of the returned check is attached hereto as Annex “A”. may I request that a subpoena/subpoena duces tecum be issued to ____________. Application for Issuance of SUBPOENA DUCES TECUM / AD TESTIFICANDUM The Clerk of Court RTC. defendant did not attach to his answer any alleged receipt issued by plaintiff to show his payment 2. which is for aa sum of money. and to this Honorable Court. that defendant has not paid the verbal claim is not sufficient. but he ignored it.) The undersigned will pay the legal fees for such purpose. Motion for Summary Judgment (Copy Caption and Title) MOTION FOR SUMMARY JUDGMENT COMES NOW. respectfully alleges: 1. QuickTime™ a connection. to testify (for subpoena ad testificandum) / to testify and bring with him the following documents (for subpoena duces tecum). which are not confidential nor privileged. However. Page 35 of 54 . through the undersigned counsel. Makati Sir: As counsel for plantiff/defendant. under oath. plaintiff asserts. In defendant’s answer to the complaint. Signature of Counsel Q. Plaintiff duly informed defendant of the dishonor of his check. and at any subsequent hearings. 2007 at 8:30 a. plaintiff. prompting plaintiff to file the instant complaint.m. A TIFF (Uncompressed) decompressor are needed to see this picture. if any. he claims that he ahs paid the principal amount and the remaining issue refers merely to a proper computation of the interest. While he issued a check as payment of his obligation. and which are needed in the hearing of the above-entitled case on _________. the check when deposited was dishonored for insufficiency of funds. with address at _________.

On 5 May 1998. Place and date. 4. the same is a matter of mathematical or arithmetical computation.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. which raises no factual issue. For this purpose. respectfully states that: 1. WHEREFORE. In short. the said obligation but that Plaintiff filed this Complaint instead. as prayed for in the complaint. there is no genuine issue of fact which requires full-blown trial. consequently. plaintiff prays for judgment. whcih is attached hereto as Annex “B”. plaintiff sued defendant for a sum of money in the amount of ______________(P_________). Motion for Judgment on the Pleadings (Copy Caption and Title) MOTION FOR JUDGMENT ON THE PLEADINGS PLAINTIFF. by counsel. enclosed is the computation of such interest. a judgment on the pleadings may be rendered. Signature of counsel VERIFICATION NOTICE OF HEARING PROOF OF SERVICE EXPLANATION R. With respect to the computation of the 12% interest. plaintiff respectfully prays that this Honorable Court render a judgment on the pleadings Page 36 of 54 . The Answer admits the material allegations of the Complaint and has not tendered any issue. 2. WHEREFORE. and for such other reliefs as may be just and equitable in the premises. Defendant admitted QuickTime™ that and a obligation in her answer and merely asked for an extension of time to pay TIFF (Uncompressed) decompressor are needed to see this picture. 3.

of defendant ABC Capital Corporation PURPOSE The foregoing exhibits are being offered to prove the following facts: 1. Page 37 of 54 . a confirmation advice was issued indicating that plaintiff’s money was lent to XYZ Realty.000. by counsel.000. FORMAL OFFER OF EVIDENCE (Copy Caption and Title) FORMAL OFFER OF EVIDENCE (In Support of __(defendant’s)__ Prayer for the dismissal of the complaint for collection of sum of money) Defendant. Inc. Signature of Counsel NOTICE OF HEARING PROOF OF SERVICE EXPLANATION S.00) as the amount of money lent Exhibit “A-1” The bracketed and sub-marked portion of Exhibit “A” containing the signature of Eugenio Villareal III Exhibit “A-2” The bracketed and sub-marked portion of Exhibit “A” containing the signature of Raul Gerodias as President and authorized representative QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Eugenio Villareal III invested Ten Million Pesos (P 10. Place and date.000. EXHIBITS Exhibit “A” DESCRIPTION Confirmation Advice issued to Eugenio Villireal III indicating the amount of Ten Million pesos (P 10.00) with Defendant ABC Capital Corporation and correspondingly. respectfully submits its formal offer of exhibits in support of its prayer in the Complaint dated ______________ for the dismissal of the complaint for collection of sum of money with application for writ of preliminary attachment.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 in her favor.000.

and to this Honorable Court. 3. through the undersigned counsel. PRAYER WHEREFORE.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. it is respectfully prayed that the foregoing exhibits be admitted in evidence for the purpose/s for which they are offered and as part of the testimony of the witness presented by ABC Capital Corporation. such act indicating his conformity to the terms and conditions of the transaction. Allied Bank respectfully manifests that the foregoing faithful reproductions and originally marked documentary exhibits are attached hereto and respectfully submitted herewith. from defendant’s receipt therof on ____ had already without defendant appealing therefrom. execution is a matter of right on the part if the prevailing party and a ministerial duty of the court to issue writ of execution. respectfully alleges: 1. Motion for Execution (Copy Caption and Title) MOTION FOR EXECUTION PLAINTIFF. to the former in respect to the loan granted to XYZ Realty. Other reliefs just and equitable are likewise prayed for. Page 38 of 54 . plaintiff prays that a writ of execution be issued for the satisfaction of the judgment dated __________. Inc. Defendant ABC Capital Corporation have acted merely in plaintiff’s behalf and/ or for his benefit. real or contingent. Place and date. The foregoing exhibits are also being offered as part of the testimony of ABC Capital’s witnesses. After a decision has become final. WHEREFORE. Plaintiff freely and voluntarily signed the Confirmation Advice. The decision in and favor plaintiff has become final and executory since more than fifteen (15) days QuickTime™ a TIFF (Uncompressed) decompressor are needed to see this picture. risk and account without recourse or liability. Signature of Counsel PROOF OF SERVICE T. 2.

above-named plaintiff.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Place and date. Place and date. please record this notice on the title. RESPECTFULLY SUBMITTED. Signature of Counsel PROOF OF SERVICE U. Accordingly. ______ located in _______________. notice and hearing not being required. Notice of Lis Pendens (Copy Caption and Title) NOTICE OF LIS PENDENS THE REGISTER OF DEEDS ____________ City. Signature of Counsel The Clerk of Court RTC Address Sir: Please submit the foregoing motion for the approval of the Court upon receipt thereof. registered in the name of defendant is the subject matter of an action for reconveyance of an undivided onesixth portion thereof filed by__________. Signature of Counsel PROOF OF SERVICE Page 39 of 54 . ________ Province Please take notice that a parcel of land covered by TCT No. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.

) 2. the defendant through the undersigned counsel. Signature of Counsel NOTICE OF HEARING QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. and to this Honorable Court respectfully moves for the reconsideration of the decision dated ___. to wit: (Copy conclusions and cite law.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 EXPLANATION V. and a new one rendered in favor of herein defendant. to wit: (Allege findings and conclusions not supported by evidence.) WHEREFORE. copy of which was received by him _____. which does not support the same. to the end that the complaint be dismissed. The following findings or conclusions in the decision are not supported by the evidence. on the following grounds: 1. Defendant further prays for such other reliefs as may be just and equitable in the premises. PROOF OF SERVICE EXPLANATION Page 40 of 54 . Motion for Reconsideration (Copy Caption and Title) MOTION FOR RECONSIDERATION COMES NOW. defendant prays that the decision be reconsidered and set aside. Place and date. The following conclusions are contrary to law.

Page 41 of 54 . (Allege facts constituting fraud. Motion for New Trial on the Ground of Fraud. Must be supported by affidavits of the witnesses by whom such evidence is expected. his affidavit supporting the accident or mistake and his good and valid defenses to defeat plaintiff’s claim. 3. Motion for New Trial on the Ground of Newly Discovered Evidence (Copy Caption and Title) QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. that the case be set for pre-trial and trial on the merits. Accident. accident mistake or excusable negligence) Defendant has good and valid defenses to defeat plaintiff’s claim. 2. (State valid defenses. that he be granted a new trial. Mistake or Excusable Negligence 3 (Copy Caption and Title) MOTION FOR NEW TRIAL COMES NOW. MOTION FOR NEW TRIAL 3 4 Requires affidavits of merits. defendant attaches herewith as part hereof. the defendant through the undersigned counsel and to this Honorable Court. and thereafter a new judgment be rendered holding defendant free and harmless from any liability and dismissing the complaint Place and date.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 W. as Annex “2” WHEREFORE. or duly authenticated documents which are proposed to be introduced as evidence. respectfully alleges: 1. Signature of Counsel VERIFICATION NOTICE OF HEARING PROOF OF SERVICE EXPLANATION 4 X. defendant prays that the decision be reconsidered.) In support of this motion.

the defendant through the undersigned counsel. respectfully alleges: Page 42 of 54 . defendant discovered and presented during trial. the defendant through the undersigned counsel and to this Honorable Court. defendant be allowed to present his newly discovered evidence thereat. WHEREFORE. and thereafter judgment be rendered in favor of defendant. Duly authenticated documents. Judgment against defendant was served on defendant on _______.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 COMES NOW. 3. and to this Honorable Court. The above newly discovered evidence would probably alter the results of the case. defendant prays that the decision be reconsidered. Motion for Relief from Judgment QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. 2. by whom such newly discovered evidence is expected to be given. (Copy Caption and Title) MOTION FOR RELIEF FROM JUDGMENT COMES NOW. is attached hereto as Annex “1”. The affidavit of ___(name of witness)__. which are proposed to be introduced in evidence. The newly discovered evidence consist of the following: (List and describe the newly discovered evidence. Since said date or receipt if the judgment and before the period to appeal therefrom has lapsed. Place and date. the case re-opened for trial. are attached hereto as Annexes “2” and “3”. respectfully alleges: 1.) 4. Signature of Counsel VERIFICATION NOTICE OF HEARING PROOF OF SERVICE EXPLANATION Y. 5.

mistake. (Allege facts constituting fraud. Place and date. defendant as petitioner prays that the judgment be set aside. Defendant further prays for such other reliefs as may be just and equitable in the premises. fraudulent scheme) which prevented his having his day in court and showing his good and valid defenses. That defendant has been summoned before this Honorable Court. bias and prejudice in favor of the plaintiffs for the Page 43 of 54 . or such proceeding was taken. dismissing plaintiff’s complaint. WHEREFORE. 4. and not more than six (6) months after such judgment or final order was entered.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 1. or excusable negligence attending the promulgation of the judgment) 3. COMES NOW the defendant in the above-entitled case and by the undersigned counsel respectfully moves this Honorable Court to desist from trying the above-entitled case on the following averments: 1. as it had become final. The trial court rendered an adverse judgment against him dated __________.g. which he learned when plaintiff informed him that he would take steps to execute the same. Attached herewith as Annex “1” is an affidavit of defendant attesting to the (e. That it appears that there is danger of partiality. defendant be allowed to present his evidence. final order. the case re-opened. The instant petition is filed within sixty (60) days after the petitioner learns of judgment. and thereafter another judgment be rendered in favor of defendant. Signature of counsel VERIFICATION NOTICE OF HEARING PROOF OF SERVICE EXPLANATION Z. 2. accident. 2. Motion to Disqualify the Judge (Copy Caption and Title) MOTION TO DISQUALIFY THE JUDGE QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. or other proceeding to be set aside.

Petition for Certiorari (Caption and Title) PETITION FOR CERTIORARI COMES NOW the petitioner by the undersigned attorney. nor any plain. 4. That it is necessary that the Honorable Judge inhibit himself so as to promote the administration of justice. board. and adequate remedy in the ordinary course of law. 2. That a certified true copy of the decision (or order) herein sought to be reviewed is hereto Page 44 of 54 . and unto this Honorable Court. (State the facts and circumstances under which the respondent (tribunal.) 4. and of the respondent).) 3. or officer TIFF (Uncompressed) decompressor exercising judicial functions) has acted without. Place and date.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 reason that Honorable Judge John Gomez is related to the plaintiff within the 4th Civil Degree of Consanguinity. (State that there is no appeal from such decision. speedy. discretion in the exercise of his judicial functions. or in excess of its or his jurisdiction. the undersigned counsel prays that Honorable Judge John Gomez inhibit himself and be disqualified from hearing and trying the above-entitled case. (State the capacity and residence of the petitioner. or with grave abuse of QuickTime™ and a are needed to see this picture. Signature of Counsel NOTICE OF HEARING PROOF OF SERVICE EXPLANATION AA. respectfully alleges: 1. That defendant will be prejudiced if the Honorable Judge continues to hear the above-entitled case. 3. WHEREFORE. in view of the foregoing.

Place and date. 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. [b] which is QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. [a] petitioner has a clear. [c] and that. if filed. and after due hearing. legal right. (State capacity of petitioner and respondent/s. for the protection of the rights of petitioner pending such proceedings). it is respectfully prayed.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 attached as Annex “A”. (If applicable.e. will cause grave and irreparable injury to petitioner. by counsel. citizenship.) 3. state the date on which copy of Decision was received and/or Resolution on Motion for Reconsideration. let judgment be rendered annulling or modifying the proceeding of (the defendant tribunal. board or officer) as the law requires. respectfully states that: 1. jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction. together with copies of all pleadings and documents relevant and pertinent thereto. that a writ of certiorari be issued. Petition for Prohibition (Copy Caption and Title) PETITION FOR PROHIBITION PETITIONER. WHEREFORE.) 2. or in excess of. threatened by an act or omission of respondents. with costs. i. There is no appeal from such decision. ordering the proceedings herein complained of to be forthwith certified upon for review (with prayer for a preliminary injunction as the case may be. (State entitlement to Injunction and/or TRO.. (State briefly the facts and circumstances under which the respondent/s whether exercising judicial or ministerial functions acted without.) 4. nor any plain or adequate speedy remedy in the ordinary Page 45 of 54 .) 5. status and residence. Signature of Counsel VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING BB. denied. unless restrained.

The petitioner has no other plain.). 4. A certified true copy (or duplicate original copy) of the Decision under review is attached as ANNEX “A”. 2. The petitioner by reason of the wrongful act of the respondent has sustained damages in the sum of ___________PESOS (P____________) QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. and unto this Honorable Court. 3. it is respectfully prayed that an injunction or TRO be issued directing respondent/s to desist and refrain from further proceedings in the premises. Signature of Counsel Page 46 of 54 . Signature of Counsel VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING CC. Place and date. Petition for Mandamus (Copy Caption and Title) PETITION COMES NOW. WHEREFORE . other that this action. The petitioner is of legal age. and that after due notice and hearing. (State capacity and residence of both the petitioner and (State the facts and circumstances whereby the respondent unlawfully neglected the performance of an act which the law specifically enjoins as a duty resulting from an office. the petitioner. 6. speedy and adequate remedy in the ordinary course of law. commanding the respondent forthwith to: (state act required to be done). except this petition. respondent). with damages and costs. a writ of prohibition issue directing respondent/s to desist absolute and perpetually from further proceedings (in the said action or matter). by the undersigned counsel. a Writ of Mandamus be issued. trust.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 course of law. or station or unlawfully excluded the petitioner from the enjoyment of a right or office to which the petitioner is entitled. respectfully alleges that: 1. it is respectfully prayed that after due notice and hearing. WHEREFORE.

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING DD. Register of Deeds of __________. Petition for Reconstitution of TCT (Copy Caption and Title) PETITION FOR RECONSTITUTION OF TRANSFER CERTIFICATE OF TITLE COMES NOW. motions. That on _____________ the office of the register of Deeds of ____________ was burned and all the Torrens Titles in said office including T. that respondent _________________ is the Register of Deeds of ____________________ where he may be served with summons and other court processes. 3.C. Signature of Counsel VERIFICATION SPECIAL PROCEEDINGS Page 47 of 54 .C. 4. No. petitioner _____________. That petitioner is of legal age.T. married. Filipino citizen and residing at _____________________ where he may be served with court processes. was never mortgaged or sold to anyone. _______ were burned. free of any encumbrances. That petitioner is the registered owner of a parcel of land located at ___________________ and covered by Transfer Certificate of Title No. through counsel. Place and date. WHEREFORE. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. unto this Court. respectfully alleges: 1. ________. it is respectfully prayed that the Register of Deeds of ______________ issue a reconstituted Original Title based on the owner’s Duplicate Certificate of Title hereto attached in the name of herein petitioner. 2. That said T. and decision.T.

x----------------------------------------------------x PETITION COMES NOW. petitioner be issued letters of administration of the estate of her late husband. herein petitioner. the petitioner through the undersigned counsel and to this Honorable Court. ages and addresses: (List the names of the heirs and their corresponding ages and addresses. the following are the names and residences of the r deceased: QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Petitioner is of legal age. 2. widow of the late Bitoy Valenzuela. Petition for Letters of Administration. The deceased was survived by his wife. publication and hearing. petitioner prays that after notice. (List and describe properties left. Petition for Letters of Administration (Copy Title) In the Matter of the Intestate Estate Of Bitoy Valenzuela. Bitoy Valenzuela. Page 48 of 54 . PROC. (List names of relatives. and for such other reliefs as are provided in the Rules of Court. and with residence at ________________. in the City of Manila and resided at ______________. her husband having died on _______________ leaving no will.) As far as petitioner knows.) elatives of the WHEREFORE. which haw his last residence at the time of his death. respectfully alleges.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 A. Petitioner. 1. and two children with following names. _______ Kwame Valenzuela. No. SP.) The deceased left the following properties.

(Copy Caption and Title) PETITION FOR A WRIT OF HABEAS CORPUS COMES NOW the Petitioner. ____________. (State reason for which the change of name is sought) The petitioner requests that his present name be changed to_________. 3. Signature of Counsel VERIFICATION C. and unto this Honorable Court. 2. aliases) 4. 5. Signature of Counsel VERIFICATION B. single/married/ and a resident of___________________ He has been a bona fide resident of the province of ______________since the year_____. through counsel. His present name as recorded is________________ and that he is also known as (state WHEREFORE. Petitioner is of age. by the undersigned counsel. Petition for Change of Name (Copy Caption and Title) PETITION FOR CHANGE OF NAME The petitioner. respectfully avers that: 1. Petition for Habeas Corpus QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. respectfully submits: Page 49 of 54 . it is respectfully prayed that. or at least three (3) years prior to the date of filing of this petition.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Place and date. and unto this Honorable Court. after due notice and publication in accordance with the Rules of Court and hearing this Honorable court adjudge that the petitioner’s name of ___________ be changed to_______________.

CRIMINAL A. of legal age. and to summon the respondent ________________ then and there to appear to show cause of the detention of said _________________. is actually restrained of his liberty by the respondent. Signature of Counsel VERIFICATION QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. That this restraint of liberty consists of the following: (State facts constituting the illegal confinement. Place and date.) 4. your petitioner respectfully prays that a Writ of Habeas Corpus be issued by this Honorable Court. directed to respondent ____________ or any other person acting under his authority. That petitioner is a Filipino citizen. and adequate remedy to protect his personal rights except by his application for a Writ of Habeas Corpus. That the petitioner. commanding the latter to have the body of ___________ before this Court at the time and place therein specified. 3. with address at _________________. in whose behalf this application is being made. WHEREFORE. ____________ at the latter’s residence at ____________________. with address at ______________ and the respondent is a Filipino citizen. ___________. ________________. That such restraint of liberty and the confinement of the petitioner under the circumstances state are without legal authority. the said ___________________ be restored to his liberty and forthwith discharged from confinement. 5. and that he has no other plain. of legal age. Complaint-affidavit Republic of the Philippines ) Page 50 of 54 . That the petitioner through counsel has exhausted all efforts available at law.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 1. and that after due proceedings. 2. Petitioner further prays for such other relief as this Honorable court may deem just and equitable under the premises. speedy.

6. I accuse and hereby charge _____________. reputation and character are incapable of pecuniary estimation as these are the result of a lifetime’s effort to build a name. respondent cannot be allowed to simply go scot-free without bearing the consequences of his acts. I am also holding respondent liable civilly for defaming me in the amount of _____________ Page 51 of 54 . maliciously and deliberately uttered defamatory remarks against me during the Board Meeting of the Association on _____________. and resident of ___________________. 2. a copy of which is attached as ANNEX B. a “Certification to File Action” was issued by the Barangay Chairperson. 5. committed against me when he publicly. do hereby state under oath that: 1. This is attested to by the following exchange that transpired between ___(respondent)__ 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.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 City of Makati ) s.s. moreover. uttered in a public meeting are clearly insulting and defamatory as they malign me and attribute to me a criminal act. Consequently. For this reason. Consequently. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. There is no other person named __(“complainant’s name”)__ residing at ____________ nor is there any other person named “__(complainant’s name)__”. who has acted as Board Member of the Association. nature and predisposition. 3. character and very person before my peers and fellow homeowners. I am a member of the ____________________(“Association”) and was formerly a Director and Corporate Secretary of the Association. 4. Respondent’s remarks have injured my name. reputation and character before my neighbors and peers. no doubt that respondent’s use of the word “swindled” was deliberate as his explanation and clarification a few utterances thereafter would show. Filipino. of legal age. calling me a swindler twice over. of violating Article 358 of the Revised Penal Code (Slander and Oral Defamation). __(respondent)__’s public and defamatory utterance was clearly a reference to me and to no other. COMPLAINT-AFFIDAVIT I. There is. Prior resort to the Barangay conciliation system proved fruitless as __(respondent)__ did not retract his remarks. residing at ________________. reputation and character that my children and their children can be proud to bear. While my name. _________. Respondent’s remarks are also very serious as they cast aspersions on my reputation. Respondent’s remarks.

__________________________ Complainant-Affiant SUBSCRIBED AND SWORN TO BEFORE ME this ___ day of January. Motion to Quash Information (Copy Caption and Title) MOTION TO QUASH THE ACCUSED. ________________________ Investigating Prosecutor CERTIFICATION I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIED THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT. the accused respectfully states that: QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. ARGUMENT The Information alleges that the accused ________________ is eleven (11) years old and without any known address. Page 52 of 54 . a person over nine years of age and under fifteen.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 (P____________) in nominal damages. by counsel. 2007. ____________ (P_______) in moral damages and ___________ (P____________) in exemplary damages. I have signed this Complaint-Affidavit on _____________. is exempt from criminal liability.) In support. respectfully moves to quash the Information for the crime of theft on the following: GROUNDS (Enumerate the ground/s relied upon. paragraph 3 of the Revised Penal Code. Under Article 12. TO THE TRUTH OF THE FOREGOING. __________________________ Investigating Prosecutor B. unless he acted with discernment.

2. unless sixteen years of age at the time of the commission of a grave or less grave felony.) Page 53 of 54 . resting its case. (Allege circumstances showing insufficiency of evidence. It is only in the event that the prosecution. by counsel. the accused is presumed to be innocent until proven guilty.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 There is no allegation that the accused acted with discernment. 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. with leave of court previously obtained. that the burden of proof shifts to the accused. the accused cannot be tried but instead proceeded against under Article 80 of the Revised Penal Code. The prosecution has failed to adduce sufficient evidence of guilt such as would shift the burden of proof. after QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. it is respectfully prayed that the Information against the accused be QUASHED and that the accused be released immediately from detention. Demurrer (Copy Caption and Title) DEMURRER TO THE PROSECUTION’S EVIDENCE THE ACCUSED. Thus. which provides that a minor. WHEREFORE. 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. has adduced sufficient evidence of guilt. Even granting said discernment. Signature of Counsel NOTICE OF HEARING PROOF OF SERVICE EXPLANATION C. 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. Place and date. cannot be tried but instead shall have the benefit of a suspension of all proceedings against him. Under the Constitution. the prosecution must rely on the strength of its evidence and not wait for the accused to offer any defense.

Absent proof of the negative element. be acquitted. the offense is not proven. Signature of Counsel NOTICE OF HEARING PROOF OF SERVICE EXPLANATION QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Place and date.e.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. Page 54 of 54 .. WHEREFORE. The accused is innocent. he must. the accused respectfully prays that the Information against him be DISMISSED and that he be ACQUITTED of the crime charged. i. thus. absence of a license.

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