You are on page 1of 70

Page 10 13 VIII (10%) Prepare a clause stipulating a right of first refusal to be embodied in a contract of lease, in case of sale of the

e property leased. SUGGESTED ANSWER: It is hereby agreed that ifthe Lessor should decide to sell the leased premises during the period ofthis lease, he shall first offer the same in writing to the Lessee who shall have the right to accept the offer within a period ofthirty (30) days from receipt of the same. Should the Lessee fail or refuse fail to accept, the Lessor may offer to sell the property to any other person, provided that he cannot offer the same at a lower price without first extending the same right of first refusal to the Lessee. IX (10%) Prepare an affidavit of merits to be attached to a Petition for Relief.

SUGGESTEDANSWER:
REPUBLIC OF THE PHILIPPINES CITY OF MANILA ) )S.S.

AFFIDAVIT OF MERIT I, Mr. B, of legal age, single, and a resident of Quezon City, after being duly sworn depose and state that: 1. I am the defendant in the case entitled "A versus B, docketed as ease No.1234 of the Regional Trial Court of Manila, Branch 56, for collection of a sum of money; 2. On July 7, 2007, while on our way to the court to attend the hearing of said case, a truck bumped the taxicab in which my counsel and I were riding, causing serious physical injuries to both of us, which necessitated our hospitalization for two months; 3. Upon our failure to appear in court on that date, the Honorable Regional Trial Court proceeded with the trial and thereafter rendered judgment ordering me to pay the plaintiff the amount of P500,000.00 with interest from January 10, 2006, plus costs. The said decision was served on my counsel only on September 15,2007.

4. If I am given a chance to present evidence, I can show that the amount being collected from me by the plaintiff has been fully paid as shown by the receipt, a copy of which is attached hereto as Annex 1 of this Affidavit; FURTHER, AFFIANT SAYETH NAUGHT. Manila, September 20, 2007. B Affiant SUBSCRIBED AND SWORN to before me, this 21"' day of September 2007, by the affiant Mr. B who exhibited to me hi Passport No. 345678 issued at Manila. on January 12,2007. WITNESS MY HAND AND SEAL.

CD NOTARY PUBLIC Until December 31, 2007 Commission No. (address) Attorney's Roll No. _________ IBP Membership No.________ PTR O.R. No. ________, Manila,

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

X (10%) Prepare an arbitration clause to be included in a contract. SUGGESTED ANSWER:

Any dispute that may arise between the parties hereto concerning the interpretation of this contract and! or on the rights, duties or liabilities of any party arising hereunder, shall be exclusively referred to arbitration by a committee of three (3) arbitrators. Each party shall nominate one arbitrator and the two so nominated shall choose the third arbitrator. If they cannot agree on the third arbitrator within sixty (60) days from the date that the last of them was nominated, the Executive Judge of the Regional Trial Court of Manila shall be asked to appoint such third arbitrator. Any decision of the Arbitration Committee shall be final, enforceable and binding on the parties. Page 26 29 XVI Draft an Affidavit of Desistance in a criminal case for acts of lasciviousness. (Exclude the jurat) 5%

SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES CITY OF MANILA ) ) S.S. )

AFFIDAVIT OF DESISTANCE I. ______________, of legal age, single and a resident of ________________after having been duly sworn in accordance with law, hereby depose and state: 1. That I am the complainant in Criminal Case No. Court of Manila, Branch __ , for Acts of Lasciviousness; of the Metropolitan Trial

2. That, after listening to the explanation of the accused, I am convinced that he acted unintentionally and without malicious intent; 3. That I am no longer interested in the prosecution of the said case. and I am hereby desisting from the same. FURTHER. AFFIANT SAYETH NAUGHT. Manila, September 24. 2006. __________ Affiant (jurat) XVII

Draft an Affidavit of Self-Adjudication of the estate of a deceased person. (Exclude the jurat) 5%

SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES CITY OF MANILA ) ) S.S. )

AFFIDAVIT OF SELF-ADJUDICATION I, ___________, Filipino.of legal age, single, and a resident of Manila. after having been duly Sworn in accordance with law. hereby depose and state: 1. That _____________, a resident of _________________ Manila, died on September 1, 2006, without a last will and testament; 2. That I am the sole heir of the said deceased, being his only child by his wife who has predeceased him; 3. That the said decease left real and personal properties consisting of his house and lot located at ____________Manila, and covered by TCT No. ________ of the Register of Deeds of Manila, and personal belongings found in the said house; 4. That the said deceased left no debts; 5. That, wherefore, I hereby adjudicate all of the above-described properties of the deceased to myself as his sole heir. FURTHER, AFFIANT SAYETH NAUGHT Manila, September ___________, 2006. ______________ Affiant (jurat) XVIII Draft an Information charging Obet Buena with arson filed with the Regional Trial Court. Branch 10. Manila. 10%

SUGGESTED ANSWER:

REPUBLIC OF THE PHlLIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT BRANCH 10 MANILA THE PEOPLE OF THE PHILIPPINES, Plaintiff, - versus CRIMINAL CASE No. __ OBET BUENA. Accused. X ---------------------------------------------------------X INFORMATION The undersigned Public Prosecutor hereby accused OBET BUENA of the crime of ARSON. committed as follows: That, on or about September 1, 2006, at about 10:00 p.m. at nighttime purposely sought to facilitate the commission of the offense at St., District of Quiapo, City of Manila and within the jurisdiction of this Honorable Court, the said accused did then and there willfully, unlawfully and feloniously perform all the acts of execution which would produce the crime of arson as a consequence, by throwing a lighted torch and a can of gasoline at a Barangay Hall in the said street, causing as a result the complete burning and destruction of the same to the damage and prejudice of the City of Manila. in the amount of P5,000,000.00 Contrary to law. Manila. September __ , 2006 _______________ Public Prosecutor Certification I hereby certify that a preliminary investigation of the above-entitled case was conducted under my direction. and that there is prima facie evidence that a crime has been committed and that the accused is probably guilty thereof. ________________ Public Prosecutor

Page 40-49 XIII Gerry Cruz is the owner of a 1,000-square meter lot covered by Transfer Certificate of Title No. 12345 located in Sampaloc, Metro Manila. Gerry decided to sell the property but did not have the time to look for a buyer. He then designated his brother, Jon, to look for a buyer and negotiate the sale. Jon met Angelo Santos who expressed his interest to buy the lot. Angelo agreed to pay PI Million for the property on September 26. 2005. a) Draft the Special Power of Attorney to be executed by Gerry Cruz, as principal, in favor of his brother Jon. as agent, authorizing the latter to sell the property in favor of Angelo Santos. (7%)

SUGGESTED ANSWER:
a) SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: THAT I, GERRY CRUZ, of legal age, single and a resident of _____________,Manila. have named, appointed and constituted, and by these presents do hereby name, constitute and appoint, my brother JON CRUZ, whose specimen signature appears below, as my true and lawful Attorney-in- Fact, for me and in my name, place and stead, and for my benefit, to do or perform any or all of the following acts and deeds, to wit: , To sell to Angelo Santos at the price of One Million Pesos (P1,000,000.00), my parcel of land with an area of one thousand (1,000) square meters, located in Sampaloc, Manila, covered by Transfer Certificate of Title No. 12345 of the Register of Deeds of Manila, and which is more particularly described as follows: (technical description) and to execute and sign the corresponding deed of sale. HEREBY GIVING AND GRANTING unto my said Attorney-in-Fact full power and authority whatsoever necessary, proper and convenient as fully to all intents and purposes as I might or could do if personally present, and hereby confirming and ratifying all that my said Attorney-in-Fact shall lawfully do or cause to be done by virtue of these presents. IN WITNESS WHEREOF, I have signed these presents, at the City of Manila, this 25th day of September, 2005. GERRY CRUZ Principal

SPECIMEN SIGNATURE: JON CRUZ Attorney-in-Fact W I T N E S S E S: ____________________ ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES ) ) S.S. CITY OF MANILA ) IN THE CITY OF MANILA, Philippines, this ___ day of ___, 2005, personally appeared before me Mr. GERRY CRUZ, with Community Tax Certificate No. ___ issuedat _______ on _______ ,2005, personally known to me to be the same person who executed the foregoing instrument, and he acknowledged to me that the same is his free and voluntary act and deed. I further certify that the foregoing instrument is a Special Power of Attorney to sell a parcel of land located in Sampaloc, Manila, and consists of ____ pages, including this page, and signed on each and every page by the said GERRY CRUZ and his instrumental witnesses. WITNESS MY HAND AND SEAL. NOTARY PUBLIC Until December 31, 200_ (address) Commission No. __ , Manila Attorney's Roll No. __ IBPMembership Roll No._ PTR O.R. No. __ , Manila, _____________________

__ ,2005 Doc. No. __ Page No. __ Book No. ___ Series of 2005. b) Draft the Deed of Sale ofReal Property, (7%) SUGGESTED ANSWER:

b) DEED OF ABSOLUTE SALE KNOW ALL MEN BY THESE PRESENTS: This instrument, executed by and between: GERRY CRUZ, of legal age, single, and a resident of ______ .herein represented by his Attorney-in-Fact, JON CRUZ, of legal age' and a resident of _____ , and hereafter referred to as the VENDOR, - andANGELO SANTOS, Filipino, of legal age, single.aresident of _______, and hereafter referred to as the VENDEE, W I T N E S S E T H: THAT, for and in consideration of the sum of One Million Pesos (P1.000.000.00).in hand paid by the VENDEE to the VENDOR and receipt of which is herein acknowledged by the latter, the VENDOR has sold, transferred and conveyed. and by these presents does hereby sell. transfer and convey, unto the VENDEE. that certain parcel of land with an area of 1,000 square meters, more or less, located in Sampaloc, Manila, covered by Transfer Certificate of Title No. 12345 of the Register of Deeds of Manila. and which is more particularly described as follows: (technical description) IN WITNESS WHEREOF.the parties hereto have signed these presents at Manila. this 26th day of September, 2005. GERRY CRUZ Vendor T.I.N. _____ By: JON CRUZ Attorney-in-Fact WITNESSES: ______________ ACKNOWLEDGMENT ________________ ANGELO SANTOS Vendee T.I.N. ______

REPUBLIC OF THE PHILIPPINES) ) S.S. CITY OF MANILA ) IN THE CITY OF MANILA.Philippines, personally appeared before me. Mr. JON CRUZ, with Community Tax Certificate No. _____ issued at on ________ ,_________, 2005, in his capacity as Attorney-in-Fact of Mr. GERRY CRUZ, with Community Tax Certificate No. ______ issued at ___________on _______, 2005 and Mr. ANGELO SANTOS, with Community Tax Certificate No. ________Issued at on _____________, __________ 2005, both of whom are personally known to me to be the same persons who executed the foregoing instrument. and they acknowledged to me that the same is their free and voluntary act and deed. and the free and voluntary act and deed of the principal whom Mr. JON CRUZ represents. I further certify that the foregoing instrument is a deed of sale of a parcel of land located in Sampaloc, Manila. and consists of pages. including this page, and is signed on each and every page by the said parties and their instrumental witnesses. WITNESS MY HAND AND SEAL. NOTARY PUBLIC My Commission expires on December 31, 2005 (Address) Commission No. _______, Manila Attorney's Roll No. ______ IBP Membership No. ______ PTR O.R. No. _____, Manila, _______ , 2005 Doc. No. ____ Page No. ____ Book No. ____ Series of 2005.

XIV Draft a withdrawal of counsel without conformity of client. (6%)

SUGGESTED ANSWER:
REPUBLIC OF THE PIDLIPPINES REGIONAL TRIAL COURT BRANCH___, MANILA

A.B., Plaintiff, - versus C.D., Defendant. x---------------------------------------x MOTION FOR LEAVE TO WITHDRAW AS COUNSEL COMES NOW the undersigned counsel for the plaintiff, and to this Honorable Court respectfully alleges: 1. That he has recently suffered a mild stroke, and his present physical and condition renders it difficult for him to carry out his employment effectively. 2. That he has tried to get the conformity of his client but the latter refuses to give the same. WHEREFORE, it is respectfully prayed that the undersigned counsel be granted leave to withdraw as counsel for the plaintiff. Manila, __________, 2005. X Counsel for the Plaintiff (address) (Attorney's Roll No., IBP Membership No., PTR O.R. No.) CIVIL CASE NO. _____

NOTICE OF HEARING To: A.B. Atty. Y Counsel for the Defendant Gentlemen: Notice is hereby given that on ___________ ,_______2005, at 8:30 a.m. or as soon thereafter as the matter may be heard, the undersigned counsel will submit the foregoing motion to the Honorable Court for its consideration and resolution. x

Copies Furnished by Personal Delivery: Atty. Y (address) Mr. A.B. (address) XV Draft a Notice of Appeal. (6%)

SUGGESTED ANSWER:
NOTICE OF APPEAL Notice is hereby given that the defendant is hereby appealing from the judgment of this Honorable Regional Trial Court dated 2005. a copy of which was served on the defendant only on to the Court of Appeals. on questions of fact and law. Manila,__________,2005. ATTY. X Counsel for the Defendant (Address. Attorney's Roll no., IBP Membership no., PTR O.R. No.) Copy Furnished: Atty. Y Counsel for the Plaintiff Address) XVI Draft a Certification of Non-Forum Shopping. (6%)

SUGGESTED ANSWER:
CERTIFICATE OF NON-FORUM SHOPPING

I, A.B., plaintiff in the above-entitled case do hereby certify under oath that:
1. I have not heretofore commenced any action or filed any claim involving the same issues before any court, tribunal or quasi-judicial agency; 2. To the best of my knowledge, there is no such other action or claim is pending before any other court, tribunal or quasi-judicial agency; and

3. If I should thereafter learn that such other action has been filed or is pending, I will report such fact to this Honorable Court within five (5) days after learning the same. Manila, ____________, 2005. A..B.

(Jurat) Page 60 65 IX

A. Prepare a draft of a criminal information charging a person with a crime of homicide complete with caption and title and required certification re preliminary investigation. Do not use real names but supply all facts needed. (5%)

SUGGESTED ANSWER:
A. REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION CITY OF MANDALUYONG

PEOPLE OF THE PlllLlPPINES CRIM. CASE NO. ______ INV. SLIP NO. - versus - for-

JUDE ESPINA HOMICIDE (address) Accused. x----------------------------------------------------------------------------------------------------------------------x INFORMATION THE UNDERSIGNED Assistant City Prosecutor accuses JUDE ESPINA of the crime of HOMICIDE, committed as follows: That on or about the 4th day of April 2004, in the City of Mandaluyong.Philippines, a place within the jurisdiction of this Honorable Court.the above-named accused. armed with a bladed weapon. with intent to kill. did then and there willfully. unlawfully and feloniously attack. assault and stab one JOSEPH

TOLEDO yPABLICO, thereby inflicting upon him a fatal wound which directly caused his death. CONTRARY TO LAW. City of Mandaluyong, 26 September 2004. Asst. City Prosecutor IBP No. 7654321 dated May 28. 2004 I HEREBY CERTIFY that Ihave conducted a preliminary investigation of the case; that the accused was informed of the complaint and of the evidence submitted against him; that he was given an opportunity to submit controverting evidence; that based on the evidence on record. thereis reasonable ground to believe that the crime has been committed; and that the accused is probably guilty thereof. Asst. City Prosecutor Witnesses: Maria Olivia P. Toledo (address) and othersBAIL RECOMMENDED: P40,000.00 B. Prepare an acknowledgment of a deed of sale of a registered parcel of land, consisting of four (4) pages inclusive of the pa e where the acknowledgment appears. Supply fictitious names of the parties. the notary public and details of the parties' community tax certificates. (5%)

SUGGESTED ANSWER:
B. REPUBLIC OF THE PHILIPPINES) ) S.S. CITY OF MANILA ) ACKNOWLEDGMENT IN THE CITY OF MANILA. Philippines. this26thday of September. 2004. personally appeared before me Mr. Juan dela Cruz. with Community Tax Certificate No. 123456 issued at Manila on January 31.2004. and Miss Evangeline Adan. with Community Tax Certificate NO. 78910 issued at Baguio City on February 5.2004. both of whom are known to me and to me known to be the same persons who executed the foregoing instrument. and they acknowledged to me that the same is their free and voluntary act and deed.

I further certify that the foregoing instrument is a deed of absolute sale of parcel of registered land located in the District of Singalong. Manila. and consists of four (4) pages. including this page on which this Acknowledgment is written. and signed on each and every page by the said parties and their instrumental witnesses. IN WITNESS WHEREOF. I have hereunto signed and affixed my notarial seal at the date and on the place first above mentioned. JORGEBATUNGBACAL Notary Public Until December 31.2004 Doc. No. ___ PageNo. ___ Book No.___ Series of 2004 X A. Prepare a draft of the verification and non-forumshopping certificationthat should be appended to a complaint. Omit the signature. place. date and the Jurat. (5%) SUGGESTED ANSWER: A. VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, Pedro Reyes, of legal age and a resident of Manila, Philippines, after having been duly sworn, hereby depose and state: That I am the plaintiff in the above-entitled case; that I have caused the foregoing Complaint to be prepared; that I have read the same, and the allegations therein contained are true of my own personal knowledge or based on authentic documents. That I further certify that I have not heretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency, and to the best of my knowledge, no such action or claim is pending therein. andif I should thereafterlearn that the same or similar action or claim has been filed or is pending, I will report that fact within five (5) days therefrom to this Honorable Court. B. Prepare a complete draft of an attestation clause of a notarial will. (5%)

SUGGESTED ANSWER: B. ATTESTATION CLAUSE We, the undersigned attesting witnesses, whose residence addresses are stated after our names, do hereby certify that the testator Alexander Magno has on this date published to us the foregoing instrument, consisting offour (4) pages, including this page, numbered correlatively in letters at the top of each page, as his Last WIll and Testament, and he signed the same at the end and on every page thereof, and we, in turn, at his request, signed the same and every page thereof in the presence of the said testator and of each other. We further certify that this Attestation Clause is inEnglish, a language known to us. Signatures JOSE MERCADO GREGORIO LUNA PERFECTO SOLIS Address _____________________ _____________________ _____________________

Page 74- 75 XV 12% (a) Seven years ago today, the Paramount' Bank, doing business in 777 Ayala Avenue, Makati City, granted Juan Reyes, a resident of 888 Kamias, Quezon City, a P1,000,000.00 loan, with 14% interest per annum, secured by a real estate mortgage over a property located in Cavite City. The full amount, plus the interest due, was payable on the fifth anniversary of the loan. The above stipulations were contained in a welldocumented and duly executed agreement. Despite demands, Juan Reyes refused to settle the loan obligation. The bank opted for the filing of a simple complaint for a sum of money. (b) Six-year old Maria informed her mother Divina that on 02 June 2003, her fater entered her bedroom and inserted his middle finger into her vagina. Maria later underwent a medical examination. The medical findings revealed that she had fres Slight lacerations. You are the prosecutor; prepare the appropriate Information for the crime committed. Prepare the complaint indicating the court which has proper jurisdiction and venue.

PARAMOUNT BANK, Plaintiff, - versus-

(a) REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT MAKATICITY CIVIL CASE NO. _______

JUAN REYES, Defendant. x----------------------------------x COMPLAINT that: PLAINTIFF, by undersigned counsel, to this Honorable Court respectfully alleges

1. Plaintiff is a banking corporation organized and existing under the laws of he Philippines, with principal office at 777 Ayala Avenue, Makati City, while defendant is of legal age and a resident of 888 Kamias St., Quezon City, where he may be served with summons; 2. On September 28, 1996, defendant borrowed from the plaintiff the amount of P1,000,000.00, subject to interest at the rate of 14eh per annum, payable on the fifth anniversary of the loan, and secured by a real estate mortgage over a parcel of land located in Cavite City, as evidenced by an agreement executed on the same date, a copy of which is hereto attached as Annex "A hereof; 3. Defendant failed to pay the .said loan and intereststhereon on the due date thereof, and continues to fail to pay the same until the present, despite demands of the plaintiff; 4. Due to defendant's unjustified failure to comply with plaintiff's plainly just and valid claim, plaintiff was compelled to initiate this action and to retain the services of the undersigned counsel and to incur expenses in the amount of P100,000.00 as and by way of attorney's fees. WHEREFORE, it is respectfully prayed that, after due hearing, judgment be rendered ordering the defendant to pay the plaintiff the amount of P1,000,000.00 with interest thereon at the rate of 14% per annum from September 28,1996 until fully paid, plus the amount of P1 00,000.00 for and as attorney's fees. Plaintiff prays for such other and further reliefs as may be just or equitable under the premises. Makati City, September 28, 2003. (Sgd.) Counsel for the Plaintiff (Address)

PTR O.R. No. __, Makati City, Jan. 3, 2003 IBP O.R. No. __, Makati City, Jan. 20, 2003 Attorney's Roll No. __ ,(date) CERTIFICATION AGAINST FORUM SHOPPING I, A.B., do hereby certify that I am the President of the Paramount Bank, plaintiff in the above-entitled case; that I have been duly authorized by the Board of Directors of the said bank to execute this Certification against Forum Shopping, as evidenced by the Secretary's Certificate of Board Resolution hereto attached as Annex "B" hereof; that the plaintiff has not filed any other case in any other court or administrative tribunal involving the same cause of action; that I am not aware of any pending case involving the same cause; and that should I hereafter acquire knowledge of such other action, I will notify this Honorable Court thereof within five (5) days from acquiring such knowledge. Makati City, September 28, 2003. A.B. SUBSCRIBED &SWORN to before me this 28'" day of September, the affiant exhibiting to me his Community Tax Certificate No. ____ issued at Makati City, on January 31,2003. NOTARY PUBLIC Until December 31,2003 Doc. No. __; Page No. __; Book No. __; Series of 2003. (b) REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL REGION REGIONAL TRIAL COURT MANILA PEOPLE OF THE PHILIPPINES, Plaintiff, - versus ________________________________, Accused. INFORMATION The undersigned City Prosecutor hereby accuses ________ of the crime of Rape committed as follows:

CRIM. CASE No. ____ For: Rape

That on or about June 2, 2003, at about __ p.m., in ___ and within the jurisdiction of this Honorable Court, the said accused did then and there willfully, unlawfully and feloniously, through force and intimidation, inserted the middle finger of his right hand in the genital organ of Divina ,who is his own daughter and is only six (6) years of age. CONTRARY TO LAW. Manila, September 28,2003. CITY PROSECUTOR City of Manila CERTIFICATION I hereby certify that a preliminary investigation was conducted in the aboveentitlad case, and there is prima facie evidence that the crime of Qualified Rape has been committed and that the accused is probably guilty thereof. CITY PROSECUTOR Bail Recommended: None XVI. Prepare a motion for extension of time to file an answer to a complaint in the Regional Trial Court, Branch 3, Manila. For purposes of this pleading, your name is Pedro Cruz. Supply the other hypothetical data. Omit proof of service and notice of hearing. (5%)

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION Branch 3, Manila JUAN DE LA CRUZ, Plaintiff, -versusPEDRO DE GUZMAN, Defendant, x - - - - - - - - - - - - - - - - - - - - - -x MOTION FOR EXTENSION OF TIME TO FILE ANSWER CML CASE NO. 12345

PLAINTIFF, through undersigned counsel, to this Honorable Court respectfully alleges: 1. That defendant was served with summons and a copy of the complaint on September 19, 2002 and, consequently. has only up to October 4, 2002 within which to file an Answer; 2. That the undersigned counsel ha started to prepare the Answer but, unfortunately. due to pressure of work in attending to other equally important cases; he will need additional time. of 15 days from October 4, 2002, to complete and file the same; 3. That, his motion is being filed solely for the foregoing reason and not for purposes of delay. WHEREFORE, it is respectfully prayed that defendant be given an extension of time. of 15 days from October 4, 2002 within which to file an Answer to the Complaint. Manila, September 21,2002. PEDRO CRUZ (Counsel for the Defendant) (address) XVII. Jose Malinlang is accused of estafa upon complaint of Joyce Mapagbigay. The case is pending before the Regional Trial Court, Branch 1, Manila, where it is docketed as Criminal Case No. 5430. Joyce engages your services as a private prosecutor. File your formal entry of appearance. For purposes of this pleading, your name is Pedro Cruz. (5%) SUGGESTED ANSWER: REPUBLIC OF THE PHIUPPINES REGIONAL TRiAl COURT NATIONAL CAPITAL JUDICIAL REGION BRANCH 1, MANILA PEOPLE OF THE PHIUPPtNES, Plaintiff, -versus JOSE MALINLANG, Accused, X-----------------------------------------------X ENTERY OF APPEARANCE The Clerk of Court Regional Trial Court CRIM. CASENo.5430 For: ESTAFA

Branch 1, Manila Sir: Kindly enter the appearance of the undersigned as Private Prosecutor in the aboveentitled case, under the supervision and control of the Public Prosecutor, with the conformity of the complainant Joy Mapagblgay, as shown below. Henceforth, kindly furnish the undersigned with copies of all pleadings and orders at his address given below. Manila, September 22, 2002. PEDRO CRUZ Counsel for the Complainant (address) (PTR &IBP OR Nos.) CO NF ORME: JOYCE MAPAGBIGAY Complainant Copies Furnished by personal delivery: The City Prosecutor Manila Atty. ______________________ Counsel for theAccused (address) XVIII Prepare a motion to dismiss an action for a sum of money in the RTC, Branch 1, Quezon City on the ground of improper venue. Supply the other hypothetical facts and use Pedro Cruz as your name. (5%)

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION BRANCH 1, QUEZON CITY JUAN DE LA CRUZ, Plaintiff, - versus -

CIVIL CASE No. __________

For: Sum of Money. PEDRO PATERNO, Defendant. x - - - - - - - - - - - - - - - - - - - - - - -x MOTION TO DISMISS Defendant, through undersigned counsel, to this Honorable Court respectfully moves for the dismissal of the complaint in the above-entitled case on the ground that VENUE HAS BEEN IMPROPERLY LAID. ARGUMENT The Rules of Court provide that a complaint in a civil case cognizable by the Regional Trial Court should be filed in the RTC of the place where the plaintiff or the defendant resides, t the option of the plaintiff. The complaint in the above-entitled case expressly alleges that the plaintiff is a resident of Makati City while the defendant Is a resident of Caloocan City. Hence, venue has been improperly laid. SUGGESTED ANSWER: WHEREFORE, it is respectfully prayed that the complaint be dismissed. Quezon City, September 23, 2002. PEDRO CRUZ Counsel for the Defendant (address ) Atty. ______________________ Counsel for the Plaintiff (address) Sir: Please be notified that on October: 11,2002, at 8:30 a.m. or as soon the after as the matter may be heard, the undersigned counsel will submit the foregoing motion to the Honorable Court for its consideration and resolution. PEDRO CRUZ Page 106 107 (By personal service) (PTR & IBP OR Nos.)

XVII Draft a motion to disqualify the Judge from hearing your client's case (5%) (Do NOT use or sign your real name.) SUGGESTED ANSWER: Republic of the Philippines REGIONAL TRIAL COURT ___________Judicial Region Branch ____, Manila A, B, Plaintiff Versus -

Civil Case No. 00-00000

Defendant X------------------------------------X MOTION FOR DISQUALIFICATION / INHIBITION Defendant, by undersigned counsel, respectfully moves and prays that the Honorable Presiding Judge of this Court be disqualified and / or inhibit himself from presiding over this case, on the ground that Atty. Y, counsel of the Plaintiff herein, is his first cousin, a relative within the fourth degree of consanguinity, which is a mandatory ground for disqualification/inhibition pursuant to Sec. 1, Rule 137 of the Rules of Court. WHEREFORE, it is respectfully prayed that the Honorable Presiding Judge disqualify or inhibit himself from presiding over these proceedings. Place, Date. Atty Z Counsel for Defendant (IBP / PTR OR Nos. Place & Date of Issue) Atty. A Counsel for the Plaintiff (Address) Sir: Please take note that on ______________, 2001 at ____a.m., the undersigned counsel will submit the foregoing motion to the Honorable Court for the consideration and resolution. Atty. Z

XVIII Draft a motion for support pendenteliteto be filed in your client's pending case inthe Regional Trial Court ofPasay City. (5%) (Do NOT use or sign your real name).

Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Branch______. Pasay City WIFE., Plaintiff, -versusHUSBAND, Defendant. x---------------X MOTION FOR SUPPORT PENDENTE LITE Plaintiff through counsel.respectfully states that: 1. On 01 June 2001. plaintiff filed the complaint in the above entitled case praying. among others. that defendant be ordered to give plaintiff a monthly support. 2. As alleged in the complaint. defendant and plaintiff are husband and wife. having been legally married on 08 December 1996 at the Our Lady of Sorrows Church. Pasay City. A certified true copy of their marriage contract is hereto attached as Annex "A". hereof. 3. As also alleged in the complaint. defendant has abandoned the conjugal home on 24 January 1998 without Justifiable cause or reason, and since then defendant has failed to give any support to the plaintiff. 4. The plaintiff Is without any source of income as shown by her affidavit attached hereto as Annex "B" hereof, whereas the defendant is a medical doctor actively engaged in the practice of his profession with an average monthly income of P80.000.00 more or less. 5. Considering the present prices of essential commodities plaintiff needs a monthly allowance and support of P15.000.oo for her sustenance during the pendency of the instant case. WHEREFORE. it is most respectfully prayed of this Honorable Court that the defendant be ordered to give the plaintiffamonthly support Civil Case No. 00-00000

pendenteliteofP15.000.00 to be paid at plaintiffis residence on or before the 10th


day of each month. Place. Date. Atty. Z Counsel for Plaintiff (IBP /PTR OR Nos. Place &: Date of Issue)

(Notice of Hearing) Atty. A Counsel for the Plaintiff (Address) Sir: Please take note that on _________, 2001 at __ a.m., the undersigned counsel will submit the foregoing motion to the Honorable Court for its consideration and resolution. Atty. Z XIX Draft an affidavit of a party to bar proceedings In the Office LupongTagapamayapa of your barangay. (5%) (Do NOT use or sign your real name). of the

SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES) QUEZON CITY ) S.S. AFFIDAVIT I. __________,Filipino, oflegal age, with address at __________ after having been duly sworn in accordance with law. deposeand state that: 1. I am a resident of No. 30 _________Street. Barangay X. Quezon City;

2.

I am a respondent in the complaint for collection med by Mr. Z before the LuponTagapamayapa ofBarangay X,Quezon City;

3. Mr. Z Is a resident of No. 23 ______Street, Barangay Q,Makati City: 4. Mr. Z and I do not live within the same barangay or City: 5. I have not agreed to the submission of the complaint of Mr. Z against me for amicable settlement with the LupongTagapamayapa of Barangay X, Quezon City: 6. This affidavit is being executed for the purpose of barring the proceedings in the LupongTagapamayapa of the complaint filed against me by Mr. Z.

Further, affiant further sayeth naught. IN WITNESS WHEREOF, I have hereunto set my hand this __ day of _,2001 in Quezon City, Philippines. _______________ Affiant (Jurat) Draft a short complaint with prayer for preliminary injunction to be filed in the Regional Trial Court of Manila. (5%) (Do NOT use or sign your real name).

SUGGESTED ANSWER:
Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region City of Manila Branch____ A, Plaintiff, -versusB, Defendant, x----------------------------x Civil Case No. ____________

COMPLAINT Plaintiff, through counsel, alleges that: 1. Plaintiff isof legal age and a resident of No. ___, C.M.Recto Avenue, Su. Cruz, Manila while defendant la of legal age and a resident of No. ______, Taft Avenue, Malate, Manila, where he may be served with summons. 2. Plaintiff is the owner of a parcel ofland situated at Rizal Avenue, Manila, covered by Transfer Certificate ofTitle No. 28699 of the Register ofDeeds of Manila, and more particularly described in said certificate of title as follows: (Technical Description) 3. Defendant is the owner of a lot. also at Rizal Avenue, Manila, adjoining the aforementioned lot of Plaintiff: 4. On or about 02 January 200 1. defendant started construction of a building in his lot. but the said construction has encroached into the lot of the plaintiff by about three (3) meters along the whole extension of the boundary line between the two lots; 5. The said construction by the defendant continues at present despite protests and objections of the plaintiff and defendant has refused to vacate the plaintiffs property, notwithstanding the demands of the plaintiff; 6. The continuance ofthe construction during the pendency of the present litigation will not only cause injustice and great and irreparable injury to the plaintiff but and will also complicate aggravate, and multiply the issues of this case; 7. Plaintiff is willing to post a bond in such amount as may be fixed by this Honorable Court, for the issuance of a writ of preliminary injunction enjoining the defendant and all persons under him from continuing with his construction inside the plaintiffs lot during the pendency of this case; 8. Since plaintiff and defendant are residents of different barangays prior resort to the LupongTagapamayapais not required. PRAYER WHEREFORE, plaintiff prays that judgment be rendered: 1. Upon the filing of a bond by the plain tiff in such amount this Honorable Court may fix,a writ of preliminary injunction be issued enjoining the defendant and all persons under him from doing further work in the construction of his building within the plaintiffs property during the pendency of this case.

2. After trial, making the injunction above-mentioned permanent, and ordering the defendant to remove all the posts and other construction within the plaintiffs lot and upon the defendant failure to do so, authorizing plaintiff toordersaid removal at defendantisexpense. 3. Ordering defendant to pay the costs ofthe suit. Plaintiff prays for other measures of relief that are just and equitable under the premises. Place. Date. Atty. X Counsel for the Plaintiff (Address) (IBP /PTR OR Nos. Place &Date of Issue) VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

A, after being duly sworn, hereby depose and states: 1. That he is the plaintiff in the above-entitled case; that he has caused the foregoing complaint to be prepared; that he has read the same and all the allegations of fact therein contained are true and correct of his personal knowledge. 2. That he hereby certifies that (8) he has not heretofore commenced any action or 6led any claim involving the same issues in any court, tribunal or quasijudicial agency. (b) to the best of his knowledge. no such other action or claim is pending therein. and (c) if he should thereafter learn that the same or similar action or claim has been filed or is pending. he shall report that fact within five (5) days therefrom to this Honorable Court. Place, Date. (sgd.) A (Jurat) Page 126 131 XVII Your Client comes to you complaining that a lessee of his building has refused to vacate the leased premises despite the expiration of the contract of lease which was not renewed, and despite demands to vacate. He asks you to initiate legal action. Prepare the necessary complaint. (Do not use your own name in the pleading.) (10%)

SUGGESTED ANSWER: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT MANILA A, Plaintiff, -versusB, Defendant, x-----------------------------------x COMPLAINT A, through the undersigned counsel, to this Honorable Court respectfully alleges: 1. Plaintiff is of legal age, single, and a resident of ____________, Manila, while defendant is of legal age, single and a resident of _________, Manila, where he may be served with summons. 2. Plaintiff is the owner of a commercial building in ____________, Manila, which the defendant has leased for a period of five (5) years commencing from August 1, 1995 at a monthly rental of P1,000,000.00, pursuant to a written contract of lease, a photocopy of which is hereto attached as Annex A and made an integral part hereof; 3. The said contract of lease expired on July 31, 2000 and has not been renewed. 4. Despite the expiration of the said contract of leae. B, has unlawfully failed and refused to vacate the same despite demands of the plaintiff. A photocopy of the last demand, dated August 5, 2000 and received by the defendant on the same date, or more than five (5) days prior to the filing of his complaint is hereto attached as Annex B and made integral part hereof. 5. Due to the defendants adamant refusal to va cate the leased premises, plaintiff has been compelled to initiate the suit and to incur expenses in the amount o P50,000.00 aside from costs of suit. 6. Prior to the filing of this complaint, this dispute was brought to the lupontagamayapa of Barangay ____________, where the leased premises is located but no settlement was arrived at, as evidenced by the Certification to File Action issued by the Barangay Chairman, a copy of which is hereto attached as Annex C hereof. CIVIL CASE NO. For: Unlawful Detainer

WHEREFORE, it is respectfully prayed that, after due hearing, judgment be rendered ordering the defendant, and all persons acting under him, to vacate the aforementioned leased premises and surrender possession thereof to the plaintiff, and to pay the plaintiff the amount ofP50.000.00 as and for attorney's fees, plus costs of suit. Plaintiff prays for such other and further reliefs as may be Just and equitable under the premises. Manila. September 23. 2000. ATIY.X Counsel for the Plaintiff Address IBP OR No. _____,Manila January 5. 2000 PTR No. _______,Manila January 5. 2000 VERIFICATION AND CERTIFICATION REPUBLIC OF'THE PHILIPPINES CITYOF MANILA ) ) S.S.

A. after having been duly sworn 10 accordance with law, hereby deposes and states: 1. That he Is the plaintiff 10 the above-entitled case and has caused the foregoing complaint to be prepared; 2. That he hereby certifies that he has not heretofore commenced any action or rued any claim involving the same issues before any other court, tribunal or quasi-judicial agency, that to the best of his knowledge, there is no such pending action or claim. and that If he should hereafter learn that the same or similar action or claim has been tiled or is pending, he shall report such fact within five (5) days therefrom to this Honorable Court. Manila, September 23,2000. A Affiant SUBSCRIBED AND SWORN to before me this _ day of ______ . 2000, the affiant exhibiting to me her/his Community Tax Certificate No. ______Issued at _________ on ________. Doc. No. _____ Page No. _____ BookNo. ______ Series of 2000. XVIII

Prepare an Information for rape of a 17-year old girl. committed by the common-law spouse of her mother warranting the imposition of the death penalty. (Do not use your own name 10 the information.) (10%) SUGGESTED ANSWER: REPUBLIC OF THEPHILIPPINES NATIONAL CAPITAL JUDICIAL REGIO REGIONAL TRIAL COURT MANILA PEOPLE OF THE PHILIPPINES, Plaintiff, CRIM. CASE NO. ______________ - versus For: Rape X________________________ x---------------------------------------------------------------------------xINFORMATION The undersigned Public Prosecutor for the City of Manila, hereby accuses X of the crime of Rape committed as follows: That, on or about 10:00 p.m., of July 4. 2000, at his house in __________________, Tondo.Manila, and within the jurisdiction of this Honorable Court, the said accused.by means of repeated blows to the stomach which rendered the victim unconscious. didthen and there. Willfully, unlawfully and feloniously.have carnal knowledge ofY, who was then a minor child. 14 years of age. anddaugther of Z, the common law spouse of the accused. Contrary to law. Manila. September 23. 2000. A Public Prosecutor CERTIFICATION This is to certify that a preliminary investigation has 'been conducted in the aboveentitled case. and that on the basis of the evidence presented there Is reasonable ground to believe that the offense charged has been committed and the accused Is probably guilty thereof. Manila. September 23. 2000. A

SUBSCRJDED AND SWORN to before me this ____ day of __________,2000. affiant exhibiting to me her Community Tax Certificate No. ____________issued at on ________________,2000. Doc. No. _____

Page No. _____ BookNo. ______ Serres of 2000.

1999 BAR EXAMINATION

Page 142 145 XV C.D. borrowed Twenty Thou and (P20.000.00) Pesos from E.P. To guarantee payment of his obligation on or before December 10, 1999. C.D. agreed to constitute a chattel mortgage on his car. a Toyota Corolla Model 1990. Prepare the Deed of Chattel Mortgage (Omit Acknowledgment and affidavit of good faith). (5%) SUGGESTED ANSWER; This MORTGAGE, made and entered into this 26th day of September 1999 in the City of Manila, by and between C.D., (the Mortgagor) of legal age. single and residing at No.1, X Street, Manila and E.P. (the Mortgagee) likewise of legal age, single and residing at No: 2, Y Street, Manila, witnesseth: 1. That the Mortgagor hereby conveys by way of mortgage to the Mortgagee all his rights, title and Interest in that personal property which is a car, a Toyota Corolla Model 1990, which is exclusively owned by the Mortgagor and in his possession; 2. That this mortgage is given as security for the payment to the Mortgagee on or before December 10, 1999 by the Mortgagor of his loan to the Mortgagee In the amount of Twenty Thousand Pesos (P20,OOO.00); 3. That the conditions ofthis obligation are such that if the Mortgagor, his heirs, administrators, executors and assigns shall pay the aforesaid loan to the Mortgagee, then this obligation shall be null and void; otherwise, It shall remain In full force and effect. Executed and signed on the date and place first above written. C.D. Mortgagor WITNESSES: XVI. In the February 15. 1999 issue of the Manila News. a daily newspaper published in Manila. the following was published: "Congressman's querida caught peddling shabu. She was identified as one who lives at 156 Rizal Avenue In Manila. It turned out that the woman referred to as CD residing at said address was really a congressmans girlfriend. However. It was not really CD who was caught peddling shabu but another who looked like E.P. Mortgagee

her. CD brought a Complaint in the Office of the City Prosecutor of Manila against the editor and publisher of the Manila News. The Prosecutor found there was a case against the editor and publisher of the newspaper. Prepare the Information. (5%)

SUGGESTED ANSWER;
Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Branch ___________ Manila

People of the Philippines. Plaintiff, -versus-

Mr. Editor and Mr. Publisher, Accused. x-------------------------------------x

Crim. Case No. For: Libel I.S. No. 76890

INFORMATION The undersigned Public Prosecutor accuses Mr. Editor and Mr. Publisher of the crime of LIBEL defined under Article 353 of the Revised Penal Code and penalized under Article 355 of the same Code, committed as follows: That on or about February 15. 1999 in the City of Manila and within the jurisdiction of this Honorable Court.the said accused Mr. Editor and the accused Mr. Publisher, the editor and publisher, respectively, of the Manila News. a dally newspaper published In Manila, caused to be publicly and maliciously published In the February 15, 1999lssue of the Manila News. "Congressman'squerida caught peddling shabu" Identifying said querida as the one who lives at 156 Rizal Avenue. That the said aforesaid publication publicly and maliciously imputed upon the private complainant CD, a congressman's girlfriend who is living at 156 Rizal Avenue, the crime ofpeddling shabu, when in truth and in fact CD was never "caught peddling shabu," which publication tended to cause dishonor, discredit or contempt upon CD. Contrary to law. Manila, Philippines September 27, 1999 (sgd.) Public Prosecutor WITNESSES: Mr. A and Mr. B. Ball recommended: P25,OOO.OO CERTIFICATION

This Is to certify that a preliminary Investigation has been conducted In accordance with law, that the complainant and her witnesses have been examined and that on the basis of the Sworn statements and other evidence submitted, there is reasonable ground to believe that the crime has been committed and the accused are probably guilty thereof, that the accused were Informed of the complaint and the evidence submitted against them, and that they were given an opportunity to submit controverting evidence. (sgd.) Public Prosecutor

Page 150 153

IX

Prepare a Contract of Lease of an apartment unit. [10%] Answer: CONTRACT OF LEASE KNOW ALL MEN BY THESE PRESENTS: This contract of lease, entered into by and between: A.B., Filipino, of legal age, single, with residence at _________________and hereafter called the LESSOR -andC.D., Filipino, of legal age, single, with residence at ________________ and hereafter called the LESSEE. WITNESSETH: THAT, for and in consideration of the rentals to be paid, the LESSOR has hereby leased to the LESSEE andthe LESSEE hereby accepts the same in lease. the following described property: (description of apartment) subject to the following terms and conditions: 1. Period of the Lease 2. Rentals to be Paid 3. (Other terms and conditions)

IN WITNESS WHEREOF.the parties hereto have signed these presents, ___________ at ____________,this ________day of _____1998. A.B. Lessor C.D. Lessee WITNESSES ______________________ (acknowledgment) _______________________

Question No. 19:


Document a chattel mortgage covering a motor vehicle.

Answer:
CHATTEL MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That I. A. of legal age. married and resident of the City of Manila. for and In consideration of the Joan of FIFTY THOUSAND PESOS (P5O.OOO.OO), Philippine Currency, granted to me by B,likewise of legal age, married and resident of the City of Manila, to be paid one year after date with 6% Interest per annum from date hereof, have transferred and. conveyed by way of chattel mortgage unto said B. his heirs, successors and assigns, free from all liens and encumbrances, that certain motor vehicle at present In my possessionin my aforementioned address. more particularly described as follows: (Description of motor vehicle) of which I am the true and absolute owner by title thereto being evidenced by Registration Certificate of Motor Vehicle Issued in my name by the Land Transportation Office. Quezon City on January 10. 1996. This chattel mortgage has been executed In order to secure the full and faithful payment of the aforementioned obligation In accordance with the terms and conditions of this instrument. then this contract shall become null and void; otherwise. it shall continue to be in full force and effect and may be foreclosed in accordance with law. IN WITNESS WHEREOF. I have hereunto set my hand on this instrument, in the City of Manila. this 28th day of September 1997. A Mortgagor Signed in the presence of: D E

AFFIDAVIT Of GOOD FAITH REPUBUC Of THE PHILIPPINES CITY OF MANILA ) )S.s.

We, severally swear that A, Mortgagor and B, Mortgagee have executed the foregoing Chattel Mortgage Contract In order to guaranty as good and valid obligations and the same Is not intended for the purpose of defrauding our creditors. A Mortgagor ACKNOWLEDGEMENT REPUBLIC OF THE PHILIPPINES CITY OF MANILA ) ) S.S. B Mortgagee

BEFORE ME.A Notary Public in and for the City of Manila, personally appeared A, Mortgagor, with Community Tax Certificate No. 12345 Issued in Manila on February 17, 1997 and B, mortgagee, with Community Tax Certificate No. 56789 issued in Manila on March 10, 1997. all known to me to be the same persons who subscribed to the truth of the foregoing affidavit of good faith and A acknowledged to me further that he executed the foregoing Chattel Mortgage Contract as his free and voluntary act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on this Instrument in the City of Manila, Philippines, this 28th day of September 1997. NOTARY PUBLIC My commission expires on December 31. 1997 Doc. No. _1_ Page No. _2_ Book No. _3_ Series of 1997.

Question No. 20:


Prepare a complaint for ejectment.

Answer:
Republic of the Philippines Metropolitan Trial Court of Metro Manila National Capital Region

Manila A Plaintiff, -versus-

CIVIL CASE NO.G.R NO.1 000 for Unlawful Detainer

Defendant. x- - - - - - - - - - - - - - -x COMPLAINT Plaintiff, through counsel, alleges: 1. Plaintiff. is of legal age. resident of the City of Manila, that Defendant is likewise of legal age, residing at No.2 CDE apartment. F St., Quezon City, and may be served of summons at said address; 2. That plaintiff is the owner of an apartment building located at F St. Manila. and described as follows: "a ten-door apartment approximately 500 sq. meters, bounded on the left by JKL Building and bounded on the right by MNO Building." 3. That on January 10. 1996. Plaintiff entered into a contract with defendant whereby the former leased to the latter the above-described property for the period of one (1) year, starting on February 1. 1996. for the monthly rental of P5.000.00; 4. That by virtue of said contract, defendant look the property in question on February 1. 1996, and he is still in possession of the same up to the present time; 5. That the period stipulated inthe contract has already expired but defendant refused and still refuses to vacate the property. In spite of repeated demands to vacate, the last of which was served on him, on September 6. 1997. 6. That as a consequence of defendant's refusal to vacate plaintiff's property, the latter has suffered, by way of damages; of at least P35,OOO pesos as unpaid rentals above all legal claims; 7. That the plaintiff and the defendant do not live In the same municipality, neither do the barangay In which they reside adjoin one another, hence there is no need to refer the matter for barangay conciliation. WHEREFORE, plaintiff prays for judgment In his favor ordering defendant to vacate the premises and to return the possession thereof to plaintiff plus costs. and other remedies which are Just and Draper under the premises.

Manila, Philippines. September 28,1997.

OPQ Counsel for Plaintiff RST Bldg., Manila PTR No. 14345 IBP OR NO. 0321

VERIFICATION A, herein plaintiff, upon first being duly sworn In accordance with law. Hereby depose and say that he has caused the filing of the above complaint and that the allegations therein are true and correct. A Plaintiff Certification of No-Forum Shopping
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, _______________________, of legal age, after having been duly sworn in accordance with law, depose and state that: 1. I am a plaintiff in the above-stated case; 2. I caused the preparation of the foregoing complaint; 3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession; 4. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 6. If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days there from to this Honorable Court.

___________________________ Affiant

SUBSCRIBED AND SWORN to before me this ___ day of __________ 200_ at _________________ affiant exhibiting to me his Community Tax Certificate No.____________________ issued on ________________ 200_ at ______________City.

Doc. Page Book Series of 200_.

No. No. No.

; ; ;

1996 BAR EXAMINATION Page 188 195 Question NO. 11: 1) Distinguish between: a Jurat and Acknowledgment. Give an example of each. 2) Z. who owns a house at 34 San Rafael Street, San Juan, Metro Manila, leased the premises to O, who resides at 206 Palmera Street,Mandaluyong City, beginning 1 January 1996 to 30 December 1998. at P10.000.00 a month, payable on or before the 5th of each month. Upon failure of the lessee to pay for 3 consecutive months, the contract will be deemed automatically terminated. Draft the contract of lease. Answer: 1. Jurat is the form prescribed for sworn statements or affidavits where no rights of titles are transferred before a notary public. An example of jurat is an affidavit subscribed before a notary public or public official authorized for the purpose. An acknowledgment Is the form executed by the notary public stating that certain document transferring rights or property have been executed by the persons known to him to be the same person, and that it was their free act, and voluntary deed. An example is the acknowledgment 111 a deed of lease of land. 2) DEED OF LEASE

KNOW ALL MEN BY THESE PRESENTS: That I. Z. Filipino citizen.residing at O. 37 Retiro, Quezon City. hereinafter known as LESSOR Is the owner of a house located at 345 San Rafael Street. San Juan. Metro Manila more or less described as follows:

(Description of property... )that by virtue of these presents. I. Z. have agreed to lease the aforesaid property to O. Filipino citizen, of legal age, residing at 201 Palmera St., Mandaluyong City, hereinafter known as the LESSEE. That the conditions of the lease are: 1. That the duration of the lease Is from January 1, 1996 to December 30. 1996. 2. That the LESSEE shall pay a monthly rental of P10,000 payable on or before the 5 th of each month. 3. That upon failure of the LESSEE to pay the rentals for three (3) consecutive months, the contract is deemed automatically terminated: IN WITNESS WHEREOF, we have hereunto set out signatures on this 28th day of September 1996 in the City of Manila. ______________________ Z Signed in the presence of: ______________________ J REPUBLIC OF THEPHILIPPINES CITY OF MANILA ) )S.s. ___________________________ R __________________________ O

On this 29th day of September 1996 in the City of Manila personally appeared before me Z and 0 exhibiting to me their respective CommunityTax Certificates No. 43210 and 21451 issued at Manila on January 15. 1996 and February 2. 1996 and TIN 45127-31 and 18279-10 tome known and known to me to be same persons who executed the foregoing lease agreement and acknowledged to me that It Is their free act and voluntary deed. x NOTARY PUBLIC My commission expires Dec. 31. 1996

Doc.No. 2 PageNo. 4 Book No. 5 Series of 1996

Question No. 12:

1) On October 5. 1994. S. with address at 211 Madison Street. Greenhills. Metro Manila. adealer of used cars. sold a 1989 Lancer to B, who resided at 24 Lontok Street. Quezon City. A promissory note was executed by B promising to pay on or before December 30. 1995, the amount ofP250.000.00 with interest of 36% per annum, aside from attorney's fees In the sum of P20.000.00 In the event of litigation. After one year. B failed to pay any amount prompting to demand full payment of vehicle. B refused: contending that the payment was due in December 1995. S wants you to file a complaint against B with Instructions to recover the unpaid vehicle. Prepare the appropriate pleading. 2) Rey Carreon. who resided at 26 Real Street. Makati City, owns a market stall at Shoppersville, Greenhills, Mandaluyong City. He leased It to Stony Beltran from 1 March 1993 to 1 March 1995ata monthly rental of P15.000.00. Siony failed to pay for 6 months. Despite demands,Siony refused to pay. Rey wants to recover the premises. Draft the requisite complaint containing all the pertinent facts as outlined above. 3) For failure to me an answer within the reglementary period. defendant L was declared in default. Plaintiff presented his evidence ex-parte and thereafter, Judge G rendered a decision In favor of plaintiff. court. As counsel for defendant L. draft the appropriate motion to restore L's standing in

Answer:
1) Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION REGIONAL 1RlAL COURT Makati City

S, Plaintiff, -versusB, Defendant. x--------------------------x Civil Case No. 1 For: Sum of Money COMPLAINT

COMES NOW, the plaintiff, through the undersigned counsel and to this Honorable court respectfully alleges:

1. That plaintiff S, of legal age. Filipino citizen, residing at 211 Madison Street, Greeenhills, Metro Manila and B, defendant.of legal age, Filipino citizen residing at 24 Lontoc Street. Quezon City, where he may be served with summons; 2. That on October 5, 1994, defendant purchased a 1989 Lancer car from the plaintiff In the amount of P250,O000.00 payable on or before December 30, 1995 with an interest of 36% per annum; and that In the event of litigation, defendant shall pay P20,000.00 as attorney's fees. A copy of said promissory note is hereto attached. 3. That after one year had expired, defendant failed to pay said promissory note: 4. That despite demands both written and oral, defendant failed to pay the value of said promissory note forcing plaintiff to file this case engaging the services of counsel in the amount P20.000.00. WHEREFORE, it Is respectfully prayed that after due trial, defendant be ordered to pay the amount ofP250.000.00 plus36%interest until the amount is fully paid and P20.000.00 as attorney's fees. Makati City. September 1. 1996. J Counsel for Plaintiff PTR OR. No. 6321. January 7. 1996 lBP OR No. 1265. January 7. 1996

2)

Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION MAKATI CITY CITY COURT, Br. No.1

REY CARREON Plaintiff, -versusSIONY BELTRAN Defendant. x------------------------- x

For: Ejectment

COMPLAINT COMES NOW, the plaintiff Inthe above entitled case, through the undersigned counsel and to this Honorable Court respectfully alleges:

1. That the plaintiff, of legal age, residing at 26 Real Street, Makati City, that defendant Is of legal age. residingat No.2 Wilson, Makati where he may be served with summons. 2. That the plaintiff is the owner of a market stall at Shoppersville,Greenhills,Mandaluyomg City, which was leased to defendant on March I, 1993 to March 1995 at a monthly rental of P15.000.00; 3. That defendant failed to pay the monthly rentals for 6 months. and despite written and oral demands to vacate, defendant failed to pay said rentals for 6 months in the amount of P90.000.00; 4. That due to the refusal of defendant to pay the rentals. plaintiff was constrained to file the present action engaging the services of counsel,in the amount of P10.000.00. WHEREFORE. It is respectfully prayed that after due trial defendant be ordered to pay the amount of P90.000.00 with legal Interest and to vacate the premises. Makati City, September 24, 1996. Juan De La Cruz Counsel for Plaintiff PTR O.R NO. 7755. January 10. 1996 IBP OR No. 7007. January 10. 1996 VERIFICATION I. REY CARREON. am the plaintiff in the above-entitled case, have cause the above complaint to be filed and the allegations thereof are true and correct. REYCARREON SUBSCRIBED AND SWORN TO before me this 29th day of September 1996 at the City of Manila. affiant exhibited to me his Community Tax Certificate No. 01234 Issued at Manila on January 17. 1996 Rosalie R Lanugo Notary PubUc My commission expires on Dec. 31. 1996 Doc. No. 1 Page No. 2 Book No. 4 Series of 1996.

3) MOTION TO LIFT ORDER OF DEFAULT AND FOR NEW TRIAL COMES NOW. L. defendant in the above-entitled case through the undersigned counsel and to this Honorable Court respectfully alleges: 1. 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 NO.5 San Andres. Manila: 2. That the defendant was not duly informed about said complaint against him. hence. he was not able to me the answer: 3. That If properly served with the summons he will file his answer and has a good and valid defense. WHEREFORE. defendant respectfully prays the order of default Issued by this Honorable Court be lifted and he be allowed to me his answer and a new trial be held. AS Counsel for Plaintiff PTR NO.5 79. February 1. 1996 IBP No. 261. February 1. 1996 SUBSCRIBED AND SWORN TO before me, on this 29th day of September 1996 In Manila, affiant exhibited to me his CTC o. 43210 issued at Manila on Feb. 1. 1996. CD Notary Public My commission expires on Dec. 31. 1996 Doc. No. _2_: PageNo. _3_: BookNo. _4_: Series of 1996

1995 BAR EXAMINATION Page 208 209

of knowing definitely to whom as to the two defendants. payment should be made:


6. That defendants should interplead and litigate their conflicting claims to the insurance proceeds. WHEREFORE. It is respectfully prayed that Judgment issue:
1. Ordering defendants to Interplead and litigate their conflicting claims between them. 2. Ordering the payment of the life Insurance proceeds to this Court and considering said payment

as made to whomever of the defendants is entitled to the same.


3. Ordering costs and other fees to the defendants.

Quezon City. September 24. 1995. Mercado and Associates Counsel for Plaintiff Magnum Towers, Ortigas Centre Pasig. Metro Manila PTR OR No. 17243 Pasig, M.M.. January 10. 1995 lBP OR No. 0676

Pasig. M.M .. March 21. 1995


Question No. 13:

Prepare an Information charging two accused one of whom is 14 and the other is 16, with violation of P.O. 532 (Highway Robbery) for having snatched from the complaining witness a gold necklace worth 2.000.00.

Answer:
REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL REGION CITY OF MANILA BRANCH 9 PEOPLE OF THE PHILIPPINES Plaintiff, - versus PEDRO SANTOS and JUAN MAGNO, Defendants, x - - - - - - - - - - - - - - - - - -.- --x INFORMATION

CRIMINAL CASE No. 100321 For Highway Robbery

The undersigned accuses PEDRO SANTOS and JUAN DELA CRUZ. of the crime of Highway Robbery committed as follows: That on or about September 1. 1995. In Quiapo. Manila, and within the Jurisdiction of this Honorable Court, said accused confederating and confabulating with each other did then and there willfully, unlawfully and feloniously, with Intent to gain, and the use of force. violence and intimidation to wit: while inside a public utility jeepney plying the Quiapo-Cubao route, accused Pedro Santos. 16 years old. pointed a gun at Mana Sison, and taking advantage of the situation. accused Juan Magno, 14 years old. who acted with discernment, snatched, steal and carry away therefrom. without her consent. the necklace of said witness valued at P2.000. Philippine Currency. to the damage and prejudice of the witness In the said sum. Contrary to law. Manila. Philippines. September 24. 1995 INOCENCIO CRUZ Assistant City Prosecutor

I hereby certify that a preliminary investigation was conducted by me. according to law: that there is reasonable ground to believe that a crime was committed and the accused is probably guilty thereof. INOCENCIO C. CRUZ Assistant City Prosecutor

Question No. 14:


You are the owner of a wall which separates your property from that of your neighbor. You make an opening on the wall to allow light to enter your property and enjoy the view through the estate of your neighbor. Prepare a notarial prohibition to be sent to your neighbor to forbid him from doing any act which would prevent light from entering your property through the opening and obstruct your view In order to acquire a negative easement of light and view.

Answer:
To: TOMAS REYES 57 Matalinost., Quezon City

Greetings! You are hereby notified that I have made an opening on my wall which separates my. property from your property located at 55 Matalino St.. Quezon City. to allow light to enter my property and to enjoy the view through your estate. In this connection, you are hereby enjoined from building or constructing anything on your said estate that would prevent the light from entering through the said opening or obstruct my view therefrom.

EDUARDO A. LOPEZ 55 Matalino St., Quezon City SUBSCRIBED AND SWORN to before me at Quezon City, Philippines, this 24th day of September 1995, affiant exhibiting to me his community tax certificate no. 12345, issued at Quezon City. on March 12. 1995. JOSE SANTOS Notary public Until December 31. 1995 P.T.R No. 3012 Quezon City. January 10.1995

Doc. No. 23 Page No. 24 Book No. II Series of 1995. Question No. 15: Draft a notice of pre-trial conference.

Answer:
REPUBUC OF THE PHIUPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL REGION CITY OF MANILA BRANCH 7 JUAN DELA CRUZ. Plaintiff. - versus PEDRO O. SANTOS. Defendant, x - - - - - - - - - - - - - - - -x ORDER Issues being joined in this case, the Pre-Trial Conference under Section 1. Rule 20 of the Rules of Court, in relation to Circular No.1 - 89 of the Supreme Court. is set for October 30. 1995. at 8:30 a.m. Counsels are instructed to notify their respective clients. Counsels are also reminded of the mandatory filing of Pre-Trial Briefs at least 3 days before the Pre-Trial date.

CIVIL CASE NO. C - 1774

SO ORDERED. Given this 24th day of September 1995 at the City of Manila, Metro Manila. JAIME DG. RAMOS Judge Copy furnished: 1. 2. Falible Law Offices Suite 303. Pacia Complex Binondo, Manila Arrieta,Samano and Valencia Rm. 777,Marilag Condominium Mandaluyong City, Metro Manila

IMPORTANT: Please hand In your notebook with this questionaire Inserted therein after folding It In half crosswise. NO NOTEBOOK \V1LL BE ACCEPTED WlTHOUT THIS QUESTIONAlRE. 1994 BAR EXAMINATION Page 222 241 NOTE: In preparing the forms for the following numbers. USE ONLY FICTITIOUS NAMES. Question No. 16: 1) a Jurat in an affidavit attesting to the loss of your driver's license. 2)a certification that a copy of a decision Is a true copy. 3) a verification in a petition for certiorari. 4) an acknowledgment of a deed of sale involving two parcels of land.

Answer:
1) Jurat SUBSCRIBED and sworn to before me, In the City of Manila. this 28th day of September, 1994 by Jose de la Cruz with ComrnunJty Tax Certtflcate No. A-12345 Issued at Manila on January 5. 1994.

PEDRO DE GUZMAN Notary Public Until December 31. 1994 Reg. No. 98 Page No. 45 Book No.2 Series of 1994 2) Certification that a copy of a decision Is a true copy. REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION BRANCH 22 QUEZON CITY CERTIFICATION I,Editha S. Llanes, Clerk of Court,Branch 22, Regional Trial Court,Quezon City, do hereby certify that the copy of the decision hereto attached Is a true copy of the original decision In Civil Case No. 3452 rendered by this court. WITNESS MY HAND AND SEAL, this 28th day of September 1994. Editha S. Llanes Clerk of Court 3) verificationin a Petition for Certiorari REPUBLIC OF THE PHILIPPINES QUEZON CITY ) )S.S.

Ricardo de Leon, after being sworn In accordance with law, deposes and says: That he is the petitioner in the above-entitled petition; that he has caused the preparation of the above Petition for Certiorari and has read and knows the contents thereof; that the allegations therein are true of his own knowledge. Ricardo de Leon Affiant SUBSCRIBED and sworn to before me. In Quezon City, this 28th day of September,1994 by Ricardo de Leon with Community Tax Certificate No. A-9876 Issued at Quezon City on January 7. 1994.

Pedro de Guzman Notary Public Until December 31, 1994 4) Acknowledgment of a Deed of Sale Involving Two Parcels of Land. REPUBLIC OF THE PHILIPPINES PROVINCE OF QUEZON MUNICIPALITY OF CALAUAG ) )S.S. )

BEFORE ME, this 28th day September.1994 in the Municipality of Calauag.Province of Quezon, Philippines, personally appeared Juanito Perez with Community Tax Certificate No. 1-9234 issued at Calauag, Quezon. on January 6. 1994. and with Tax Identification No. 7865. 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. This instrument relates to the sale of two parcels of land located In Calauag,Quezon, and consists of four pages including the page on which this acknowledgment Is written, each and every page on which. on the left margin, having been signed by Juanito Perez and his witnesses. and sealed with my notarial seal. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 28th day of September, 1994, Calauag, Quezon. Alberto A. Villanueva Notary Public Until December 31. 1994 Reg. No. 112 Page 0.43 Book 0.2 Series of 1994 Question No. 17: Prepare a negotiable promissory note.

Answer:
City of Manila. September 28. 1994 6.000.00 Thirty (30) days after date, I, Arturo M. Padilla, hereby promise to pay to the order of Milagros Concepcion. the sum of six thousand (6.000.00) Pesos (Philippine Currency). (Sgd.) Arturo M. Padilla

Question No. 18:


Prepare a complaint for ejectment.

Answer:
REPUBLIC OF THE PHILIPPINES MUNICIPAL TRIAL COURT 6THJUDICIAL REGION BRANCH 18 ROXAS CI1Y Civil Case No. 765 For: Ejectment

Josefina D. Alejandro Plaintiff. -versusRoberto T. Reyes Defendant. x:------------------------x

COMPLAINT COMES NOW the plaintiff, by the undersigned counsel, and unto this Honorable Court, respectfully alleges: 1. That the plaintiff is of age and a resident of 182 C. Garcia St., Roxas City: while the defendant is also of age, with residence and postal address at 58 Sta. Rosa St.,Roxas City. where he may be served with summons; 2. That the plaintiff is the absolute owner and lessor of that certain building located at 58 Sta. Rosa St., Roxas City. and now leased and occupied by the defendant; 3. That the defendant leases and occupies the said building under the express obligation of paying a rent of 15,000 a month, payable In advance within the first five (5) days of each month: 4. That the defendant has not paid the rents for the said building for the month of July and August of the current year: 5. That the plaintiff has several times demanded of the defendant to vacate the above premises and to pay his back rents. now amounting to 30.000.00 the last demand for payment having been made on him personally and In writing on September 15, 1994 or more than five days before the filing of this Complaint: 6. That this case has been referred to the LuponTagapayapa. WHEREFORE. It Isrespectfully prayed that after due hearing. Judgment be rendered In favor of the plaintiff and ordering the defendant and all persons acting under him:

(a) to vacate the leased premises and surrender the same to the plaintiff: (b) to pay the plaintiff the sum of 30.000.00. representing the arrears of rent now overdue, with legal Interest from the filing of this Complaint until fully paid; (c)to pay the plaintiff the sum of 15.000.00 a month from September. 1994. until he vacates the premises; and (d) to pay the costs of this suit. Roxas City. this 28th day of September, 1994. Edward S. Lim Attorney for the PlatntlfT BuycoBldg ..Mckinley St. Roxas City PTR No. 472. January 30, 1994 Roxas City IBP No. 921. January 7,1994. Roxas City VERIFICATION REPUBUC OF THE PHILIPPINES PROVINCE OF ROXAS ROXAS CITY ) )S.S. )

Josefina D. Alejandro, after being sworn In accordance with law,deposes and says: That she Is the plaintiff in the above- entitled case; that she has caused the preparation of the above Complaint and has read and knows the contents thereof: that the allegations therein are true of her own knowledge. Josefina D. Alejandro SUBSCRIBED and sworn to before me,in the City of Roxas,this 28th day of September. 1994 by Josefina D. Alejandro With Commun1ty Tax Certificate No.A-2345 issued at Roxas City on January 4, 1994. Lorenzo U. Dy Notary PublJc Untll December 31.1994 Pm No.4 7696 Roxas City QuestionNo. 19:

Prepare an informationfor murder against three accused with two aggravating circumstances.

Answer:
REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT 4TH JUDICIAL REGION BRANCH 52 PUERTO PRINCESA CITY Crim. Case No. 6785 For: Murder

People of the Philippines, Plaintiff, -versusDiosdado Avila, Agapito Luna And Aurelio Pena, Accused x---------------------------------------x

INFORMATION The undersigned Public Prosecutor hereby accuses Diosdado Avila, Agapito Luna and Aurelio Pena of the crime of MURDER, committed as follows: That on or about the 8th day of July, 1994 in Brgy. San Miguel, Puerto Princesa City, Palawan, Philippines, within the jurisdiction of this Honorable Court, the said accused conspiring and confederating with each other, and armed with deadly weapons, to wit: two large fan knives and a bolo did then and there, with malice aforethought and with deliberate intent to take the life of RaymundoDadores, did then and there willfully, unlawfully, feloniously, and treacherously attack and wound the latter in different parts of the body, inflicting upon him two stab wounds on the left side of the breast and a large hack wound on the neck, defendant Pena having stabbed Dadores while the latter was being held by the arms by defendants Avila and Luna, and defendant Luna then hacking Dadores on the neck as the latter was falling to the ground, and as a result of his said wounds, Dadores immediately died. Contrary to law. Puerto Princesa, September 28, 1994 Rene A. Francisco Public Prosecutor WITNESSES: Wilma R. Dadores CERTIFICATION Edmundo C. Reyes

I hereby certify that a preliminary investigation has been conducted in this case under my direction, having examined the witnesses under oath, and that a prima facie case exists and the accused are probably guilty thereof. Rene A. Francisco Public Prosecutor Bail Recommended: __________________________

Question No. 20:

Prepare a motion for consolidation of two cases filed in different divisions of the Court of Appeals. Answer: REPUBLIC OF THE PHILIPPINES COURT OF APPEALS FOURTH DIVISION MANILA Juan de la Cruz, Plaintiff-Appellee, ----versus------Pedro Ramos, Defendant-Appellant, x-----------------------------x C.A. G.R.C.V. No. 675

MOTION FORCONSOLIDATION Defendant-Appellant Pedro Ramos, through the under-signed counsel, to the Honorable Court respectfully states: 1. That this case Is an appeal from the decision of the Regional Trial Court of Manila in Civil Case No. 2345 for recovery of possession of a parcel of land. 2. That herein defendant-appellant Isthe appellee and the plaintiff-appellee Is the appellant In a pending appeal before the Fifth Division of this Honorable Court entitled Pedro Ramos vs. Jose Santos. CA CR CV No. 567 which 15 an appeal from the decision of the Regional Trial Court of Manila in an action for quieting of title over the same property subject matter of this case. 3. That the same question of ownership is involved in these two cases. 4. That in order to avoid different decisions from two divisions of this Honorable Court, this case should be consolidated with CA CR CV No. 567. which bears the lower case number. 567. WHEREFORE. it is respectfully prayed that this case be consolidated with CA GR CV No. Manila. Philippines. September 28. 1994.

Arthur A. Ocampo Counsel for Appellant 54 Juan Luna St.. Manila IBP No. 987 Issued on Jan. 3. 1994 at Manila PTR No. 456 Issued on Jan. 5. 1994 . at Manila Copy furnished: Atty. Jorge Villareal Counsel for the Appellee 8-304. ITC Building 337 Sen. GilPuyatAvenue Makati, Metro Manila Question No.7: Prepare a hypothetical complaint for Unlawful Detainerwith complete caption

Answer:
REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT Branch I Manila Pedro Sison, Plaintiff - versusJuan Cruz, Defendant Civil Case No. 5 For Unlawful Detainer

COMPLAINT Comes now the plaintiff through the undersigned counsel and to the Honorable Court alleges; 1. PlaintiffPedro Sison, is married. Filipinocitizen and residing at No. 450 Palacio, Manila while defendant is a Filipino citizen,married and residing at No. 396 Mercedes Street. Manila where he may be served with summons:

2. That plaintiff is the owner of a land over which an apartment had been constructed. located at 436 R1zal Avenue, Manila: 3. That by virtue of a contract of lease, plaintiff leased unto the defendant the aforesaid apartment for a consideration of P5.000 (Five Thousand Pesos) a month as rental to be paid within the first ten days of each month startingJanuary 1, 1993. 4. That defendant failed to pay the agreed rental for several months starting from April 1993 up to the present: 5. That on May 2,1993, 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: 6. 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; 7. That by reason of the failure of the defendant to vacate the premises and to pay the unpaid rentals, plaintiff was compelled to file this complaint engaging the services of counsel in the amount of P 10.000. WHEREFORE. 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 P50,000and further rentals untilthe said defendant fully vacates the premises and to pay the costs of the suit. Plaintiff prays for such other remedy as this Honorable Court may deem Just and equitable. Manila. Philippines. September 26. 1993. JUAN PEREZ Counsel of the Plaintiff No. 1 Perez Street,Manila PTR No. IBPO.R. No. VERIFICATION I, Pedro Sison,am the plaintiff who caused the above complaint to be filed and the allegations therein are true and correct. PEDRO SISON Subscribed and sworn to before me this 28th day of September 1993 In the City of Manila. Affiant has exhibited to me his Res. Cert. No. 89357 Issued at Manila on Feb. 2. 1993. JUAN PEREZ Notary Public

Doc. No.1: Page No.2: Book No.3: Series of 1993. Question No.8:

My Commission expires Dec. 31. 1993

Prepare a hypothetical criminal information for Homicide with complete caption.

Answer:
REPUBLIC OF THE PHILIPPINES ATIONAL CAPITAL JUDIClAL REGION REGIONAL TRIAL COURT Branch II Manila PEOPLE OF THE PHILIPPINES, Plaintiff - versus DANILO PARAS, Defendant Criminal Case NO.7 For. Homicide

INFORMATION The undersigned fiscal charges DaniloParas of the crime of homicide committed as follows: That on or about August 10, 1993 in the City of Manila, the said accused did then and there willfully, unlawfully and feloniously, with intent to kill. fire his 45 caliber gun upon Ricardo Santos inflicting on him mortal wounds which immediately caused the death of the said Ricardo Santos. Contrary to law. Domingo Velez Assistant Fiscal

CERTIFICATION OF PRELIMINARY INVESTIGATION I hereby certify that a preliminary investigation in this case had been conducted by me in accordance with law; that I have examined the complainants and their witnesses; that there Is reasonable ground to believe that the offense charged had been commuted; that the accused Is probably guilty thereof: that the accused was Wormed of the offense charged and was given the opportunity to submit controverting evidence: and that the filing of this Information Is with the prior authority and approval of the City Fiscal.

DOMINGO VELEZ Assistant F1scal SUBSCRIBED AND SWORN to before me on this 2nd day of May 1993 in the City of Manila, Philippines. JOSE PEREZ City Fiscal List of Witnesses Bail Recommended: P20,000.

Question No. 12:


Prepare a petition for habeas corpus on behalf Of Major Solar who has been arrested by superior police authorities and detained at the Police Sub-Station.5 of Quezon City since August 30, 1992 for participation In a robbery with homicide case.

Answer:
REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGIO REGIONAL TRIAL COURT Branch I. Quezon City IN THE MATTER OF THE APPLICATION FOR HABEAS CORPUS IN BEHALF OF MAJOR R SOLAR MARY SOLAR, Petitioner - versus JOSE CRUZ Superintendent. PHILIPPINE NATIONAL POLICE Respondent. x ------------------------x PETITION Comes now the petitioner. by her undersigned counsel and to this Honorable Court respectfully states: 1. That petitioner of legal age. Filipino citizen, is the wife of Major R SOLAR, residing at 177 Mayon, Quezon City: that respondent Is the Incumbent Superintendent of the Philippine National Police, Quezon City with office at City Hall, Quezon City, where he may be served with summons and other court processes:

2. That on August 30. 1992 Major R Solar of the PNP, Quezon City while holding office was arrested by superior police authorities for alleged participation In a robbery with homicide in Quezon City: 3. That since then Major R Solar was detained at the Police Sub-Station 5. Quezon City. without any formal charge filed against him: 4. That Major R Solar had not participated in the alleged robbery with homicide hence his arrest and detention is without any lawful cause: 5. That Major R Solar is restrained of hisliberty without due process of law. Court: WHEREFORE, in view of the foregoing, it is respectfully prayed that this Honorable

1. orderrespondent and/ or his agents to appear before this Honorable Court and produce Major R Solar and forthwith explain why he should not be released from detention immediately: 2. declare his arrest and detention as invalid and unconstitutional. Petitioner further prays for such other relief ana remedy as this Honorable Court may deem Just and equitable. Quezon City. Philippines. September 26. 1992. CRUZ Law Office ByJ.CRUZ PTRNo. _______ IBP receipt no. ____ VERIFICATION Mary Solar after having been duly sworn in accordance with law hereby states: That she is the petitioner in the above-entitled case: That she has caused the filing of the petition and the contents thereof are true and correct. Quezon City. 23. September. 1992. MARY SOlAR Petitioner

Subscribed and sworn to before me this 26th day of September 1992 at Quezon City. affiant having exhibited to me her Residence Certificate No. 52789, issued at Quezon City on January 4, 1992. P.SOLIVEN Notary Public Until December 31, 1992 Doc. No. _ Page No. _ Book No. _ Series of 1992

Question No. 13:


Prepare a petition for reconstitution ofthe original copy of TCT No. 9213645 In the name of Lina Ochoa which was burned when the Office of the Registry of Deeds of Quezon City was razed to the ground on June 11. 1992.

Answer:

REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICAL REGION REGIONAL TRIAL COURT Branch 1. Quezon City

JUAN V. PEREZ Petitioner - versus PEDRO E. SISON REGISTER OF DEEDS Quezon City x--------------------------------x PETITION FOR RECONS1TI1JTION OF TRANSFER CERTIFICATE OF TITLE Comes now the petitionerthrough undersigned counsel and to this Honorable court respectfully alleges: 1. That petitioner is oflegal age, married, Filipino citizen and residing at 107 Malaya. Quezon City that respondent Pedro Sison is the Register of Deeds of Quezon City. Quezon City Hall where he may be served with summons and other court processes: 2. That petitioner is the registered owner of a parcel of land located at Malaya Street. Quezon City and covered by Transfer Certificate of Title No. 7984. Registry of Deeds of Quezon City.free of any encumbrance:

3. That on June 11. 1992 the office of the Register of Deeds of Quezon City was burned and all the Torrens titles in said office including T.C.T. No. 7984 were burned: 4. That said T.C.T. was never mortgaged or sold to anyone: WHEREFORE. It Is respectfully prayed that the Register of Deeds of Quezon City issue a reconstituted Original Title based on the owner's Duplicate Certificate of Title hereto attached In the name of herein petitioner. Quezon City. September 26. 1992. PEDRO CRUZ Counsel for Petitioner P.T.R No. _ I.B.P.O.R _ Subscribed and sworn to before me this 26th day of September by JUAN PEREZ. exhibiting to me his Residence Certificate No. 12346 issued at Quezon City on 4 January 1992. JUAN CRUZ Notary Public Until December 31, 1992 Doc. No. _ PageNo. _ Book No. _ Series of 1992 The foregoing form is the ordinary procedure but in that incident of fire In Quezon City Hall the reconstitution was through a special administrative process to facilitate the reconstitution of thousand of title. Question No. 14: Roy Alvarez filed a complaint for damages against Erwin Bracia, docketed as Civil Case No. 92-31046 of the Regional Trial Court of Caloocan City. Said case is scheduled for pretrial on October 5. 1992. Since Roy Alvarez cannot attend the pre-trial. he authorized his lawyer. Atty. Albert Florentino, to represent him therein with full power and authority. Prepare the corresponding special power of attorney.

Answer:

POWER Of ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

1. That I, ROY ALVAREZ, Filipino citizen, of legal age and residing at 179 Rizal. Caloocan City have filed a complaint for damages against Erwin Bracia, Civil Case No. 17896. Regional Trial Court of Caloocan City: 2. That said case was scheduled for pre-trial on October 5. 1992 at 9:00 a.m.: 3. That in view of the fact that I cannot attend said pretr1al because I am making a business trip to Japan. l have authorized by these presents my counsel. Atty. Alberto Florentino to represent me and giving him full powers to enter into pretrial and stipulate facts In accordance with law: IN WITNESS WHEREOF, I have hereunto set my signature this 26th day of September 1992 at Caloocan City, Metro Manila. ________________________________ ROY ALVAREZ __________________________ Witnesses

ACKNOWLEDGMENT Republic of the Philippines Caloocan City On this 26th day of September 1992 in Caloocan City Roy Alvarez personally appeared before me, and known to me to be the same person who executed the foregoing instrument and acknowledged to me that it is his free act and voluntary deed. He exhibited to me his Residence Certificate No. 79112, issued at Caloocan City on January 4, 1992, and TAN No. 79512. Notary Public Until Dec. 31, 1992 Doc. No. ____ Page No. _____ Book No. _____ Series of 1992 Page 276-283 XIII CD. married to HR. sold their parcel of land located in Ayala Heights, Quezon City to DX for the amount of 500,000.00. The land is more particularly described In Transfer Certificate of Title No. 456781n the Registry of Deeds of Quezon City. The parties agreed that all expenses for taxes, registration, transfer and association dues are for the account

of OX. Prepare the contract of sale. Use a fictitious name for the notary public. (Do not specify the metes and bonds of the property: just state the TCTno. and the location).

ANSWER:
DEED OF SALE OF REAL ESTATE KNOW ALL MEN BY TIIESE PRESENTS: CD, married to HR, Filipino citizens and residents of Ayala Heights, Quezon City, hereinafter known as the VENDORS and DX. Married to Y. Filipino citizens residents of No. 12 San Andres,Manila, herein after known as the VENDEES have entered Into this contract of sale as follows: 1. That the VENDORS are the owners in fee simple title of a parcel of residential land containing an area of 1.000 square meters and covered by Transfer Certificate of Title No. 45678 of the Registry of Deeds of Quezon City: 2. hat for and in consideration of the sum ofP500,000 duly acknowledge and received by these presents, the VENDORS hereby sell, cede and convey by way of absolute sale to the herein VENDEES, the aforesaid described property: 3. That it is further agreed that all expenses for taxes, registration, transfer and association dues are for the account ofDX: 4. IN WITNESS WHEREOF we have hereunto set our signatures this 29th day of September 1991 inQuezon City. DX Vendee CD Vendor With my marital consent: HR _____________________________ Witness

___________________________ Witness

ACKNOWLEDGEMENT REPUBUC OF THE PHILIPPINES Quezon City ) ) S.S. )

On this 29th day of September 1991 personally appeared before me CD, HR, AND DX known to me to be the same persons who executed the foregoing deed and acknowledged that it is their free act and voluntary deed and exhibiting to me their Residence Certificates and Tax Account Numbers as follows:

________________________ ________________________ ________________________ stated.

__________________________ __________________________ __________________________

In Witness Whereof, I have hereunto set my signature and seal on the day above JUAN SATOS Notary Public My Commission expires December 31, 1991

Doc. No. ____: Page No. ____: Book No. ____: Series of 1991. XIV A complaint for knowingly rendering an unjust judgment was filed against Judge X before the Provincial Prosecutoris Office. Z. the investigating prosecutor, found a prima facie case against X. Prepare the information. Omit the caption. Answer: Undersigned Fiscal charges Judge X ofthe Regional Trial Court of Mani1a of the crime knowingly rendering unjust Judgment punishable under Article 204 of the Revised Penal Code committed as follows: That on or about August 1, 1991, Judge X, Regional Trial Court of Manila dismissed a charge of rape of a 12 year old girl filed against Juan on the basis of an affidavit of desistance of the victim, knowing fully well that in the crime statutory rape consent of the victim is invalid. Contrary to law. JUAN CRUZ Assistant Fiscal

CERTIFICATION

I hereby certify that a preliminary investigation on this case has been conducted by me in accordance with law; that I have examined the complainant and his witnesses; that there is a reasonable ground to believe that a crime has been committed and the accused is probably guilty thereof; that the accused was informed of the complaint and of the evidence submitted against him and was given an opportunity to submit controverting evidence, and that the filing of this information iswith prior authority and approval of the City Fiscal.

Manila. September 1, 1991. JUAN CRUZ Assistant Fiscal SUBSCRIBED AND SWORN to before me this 1st day of September 1991 In the City of Manila. PEDRO SISON City Fiscal List of Witnesses Bail Recommended P50.000. XV Jocot asks you to prepare a negotiable promissory note wherein the promissor, Bryan, binds himself to pay a loan of P50.000.00 In five (5) equal monthly installments commencing on October 1991: payable not later than the 20th day of each month, with interest at ten percent (10%) per annum. He wants you to include an acceleration clause. and stipulations regarding attorneyis fees of P5.000.00 in the event of suit to enforce the note and on venue of action which shall only be in the appropriate court In Cebu City. Prepare the requested promissory note. Bryanfailed to pay the promissory note referred to in letter A above. Jacot decided to file a complaint against Bryan to enforce the note and hired the services of George, a young lawyer, for that purpose. You are George, prepare the complaint.

ANSWERS:

A. I, Bryan, Filipino citizen, oflegal age and resident of Manila promise to pay JOCOTororder the sum ofP50.000.00 in five equal installments commencing on October 1, 1991, payable not later than the 20th day of each month, with compounded interest at ten percent (10%)per annum; that In the event of a suit to enforce the promissory note. I promise to pay P5.000 as attorneyis fees; and that said action shall be filed in an appropriate court in Cebu City. Cebu City. September 1. 1991. B. REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT CEBU CIYY JOCOT. Plaintiff, - versus BRYAN, Defendants. X--------------------------------------------------x BRYAN

FOR SUM OF MONEY Civil Case No.2

COMPLAINT COMES NOW the plaintiff through the undersigned counsel and to this Honorable Court, respectfully alleges. 1. That plaintiff, JOCOT Is a Filipino citizen, married and resident of Cebu City and defendant BRYAN,is a Filipino citizen and resident of No. 2 OsmeOa Street, Cebu City where he may be served with summons: 2. That on September 1, 1991, defendant executed a promissory note In favor of the plaintiffin the amount of P50,000 to be paid within a period of five months from October 1,1991. A copy of said promissory note is hereto attached as Annex of this complaint: 3. That the period of five months had already expired and defendant failed to pay said promissory note: 4. That despite repeated demands both oral and written, defendant still failed and refused to pay said promissory note: 5. That the plaintiff was constrained to file this suit to enforce said promissory note engaging the services of counsel In the amount of P5,000: 6. That the amount due from defendant in accordance with said promissory note Is P50,000 plus compounded Interest of 10% per annum plus attorney's fee In the amount of P5.000; WHEREFORE, it is respectfully prayed that after due trial, defendant be ordered to pay the plaintiff P50,000 plus compounded interest of 10% per annum and P5,000 attorneys fees. George Counsel for Plaintiff PLT No. 5798 IBP OR No. 6790

XVI Prepare an Affidavit of Good faith in a Chattel Mortgage with A as mortgagor, B as mortgagee, and Mabel Rizal as the notary public.

ANSWER:
REPUBLIC OF THE PHILIPPINES

AFFIDAVIT OF GOODFAITH ) ) S.S.

City of Manila

We,A as mortgager and B as mortgagee severally swear under oath the foregoing chattel mortgage was executed by us for securing a good and valid obligations and not for the purpose of committing fraud. A Mortgager B Mortgagee

SUBSCRIBED AND SWORN to before me this 1st day of September 1991 in the City of Manila affiants having exhibited me their Residence Certificate Nos. ________ and Tax Account Nos. _______ . MABELRIZA Notary Public My Commission expires December 31, 1991.

Doc. No. ___: Page No. ___: Book No. ___: Series of 1991.

Page 292 297

Question No.9:
1) Prepare a complaint for the collection of a sum of money in behalf of your client Jose Santos against Pedro Luz for the amount of P50.000.00 based on a promissory note. Omit caption and title, and do not sign or use your name as counsel. Use a fictitious name. 2) Prepare an answer as counsel for Pedro Luz denying the validity and due execution of the promissory note and, if at all, alleging payment. Againomitcaption and title, and use fictitious name. Answer: 1) COMPLAINT COMES NOW, the plaintiff JOSE SANTOS through the undersigned counsel in the above-entitled case and to this Honorable Court respectfully alleges. 1. That JOSE SANTOS is a Filipino citizen of legal age and married residing at NO.3 Sta. Cruz St., Manila and that PEDRO LUZ, the defendant is a Filipino citizen of legal age and residing at No. 10 Arlegui Street, Manila where he may be served with summons:

2. That on August 1, 1990 PEDRO LUZ executed a promissory note in favor of herein plaintiff in the amount of P50,000.00payable within 30 days from the date of the promissory note which reads as follows: "Manila, Philippines 1 August 1990 I promise to pay PEDRO LUZ the sum of P50.000.00 or order within 30 days from this date. JOSE SANTOS (Copy of said promissory note Is attached hereto and made an Integral part hereof as Annex A) 3. That the 30-day period had elapsed and despite demands orally and in writing by the plaintiff, defendant refused and failed to pay the amount stated in the promissory note. 4. That due to the unjust and unlawful refusal of defendant to comply with the demands, plaintiff was compelled to file the instant action engaging the services of counsel in the amount of P 10,000.00. WHEREFORE, It Is respectfully prayed that after due trial judgment be rendered against defendant to pay the sum of P50,000.00 plus Interest and attorneys fees and such other reliefs, this Honorable Court may deem Just. Manila, August 30,1990 PETERYAN Counsel for the Plaintiff P.T.R No. 5983 dated January 5, 1990 IBP O.R No. 79890. January 5. 1990 562 Escolta, Manila 2) ANSWER COMES NOW the defendant in the above entitled case through undersigned counsel and to this Honorable Court respectfully alleges: 1. That he admits paragraph 1 of the complaint: 2. That he denies the allegations In paragraphs 2 &3 of the complaint as he never Signed any promissory note in favor of the plaintiff.

3. That he has no sufficient knowledge to form a belief as to the truth of the allegations in paragraph 4 of the complaint and therefore denies them. AS COUNTERCLAIM 4. That due to the filing ofthe entirely baseless and unjustified complaint without any valid cause of action, defendant's reputation was destroyed causing him sleepless nights and mental stress, suffering mental and moral damages in an amount tobe assessed by the Honorable Court: 5. That the defendant inorder to defend himself from the unfounded suit had to engage the services of counsel inthe amount of P20.000.00. WHEREFORE, it is respectfully prayed that the complaint be dismissed and defendant be allowed to introduce evidence on his counterclain or mental and moral damages and to collect such amount including attorneys fees. Manila, Philippines, October 1, 1990. PERICLES SANTO Counsel for the Defendant PTR OR No. 7778 IBP OR No. 9784 562 Escolta. Manila VERIFICATION PEDRO LUZ, of legal age, after having been duly sworn, deposes and says: That he is the defendant in the above-entitled case: that he caused the preparation of the above answer: that he has read the allegations thereof and the same are true and correct of his own knowledge: and that the signature in the promissory note attached to the complaint and purporting to be his signature is not his Signature and such signature is a forgery, he not having executed said alleged promissory note. WITNESS my hand this 1st day of October, 1990. PEDRO LUZ SUBSCRIBED AND SWORN to before me this 1st day of October, 1990 at Manila, affiant exhibiting to me his Residence Certificate No. 123456 issued in Manila on January 15, 1990. Notary Public Until Dec. 31, 1990 lBP No. 54689 Issued on June 15. 1990 at Pasig PTR No. 98590 issued on January 20, 1990 at Manila.

Doc. No. 25 Page No.6 Book No. I Series of 1990 Question No. 10: The prosecutor charged Eleonor Lee with violating a city ordinance before the Regional Trial Court (RTC) of Manila, Branch 47. Eleonor Lee's lawyer. Atty. MaykoLiwanag. seeks to Quash the information on the ground that the RTC has no jurisdiction over the offense charged. Prepare a motion to quash.

Answer:

REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT MANILA. BRANCH 47 PEOPLE OF THE PHILIPPINES. Plaintiff. - versus ELEONOR LEE. Defendant. x--------------------------------------------------------------------------x MOTION TO QUASH COMES NOW the Accused through undersigned counsel In the above-entitled case and to this Honorable Court, respectfully moves to quash the information filed by the Fiscal of Manila on the ground that: THIS HONORABLE COURTHAS NO JURISDICTION OF THE CASE. ARGUMENT City Ordinance No.5 Imposes a maximum penalty of 6 months imprisonment and P 1.000.00 fine which is within the exclusive Jurisdiction of the City Court of Manila. WHEREFORE, it is respectfully prayed that the information be Quashed and the Accused be released immediately from detention. Manila, Philippines, October 1, 1990. Criminal Case No. ___ Violation of City Ordinance No. 5

JUANTAMAD Counsel for the Accused PTR No. 77756 IBP No. 57789 562 EscoltaSt.,Manila NOTICE OF HEARING The Clerk of Court Regional Trial Court of Manila Branch 47 Please set the foregoing Motion to Quash for heating on Friday, October 5. 1990 at 9:00 A.M. or as soon as counsel may be heard. JUANTAMAD Copy Furnished City Prosecutor City Hall, Manila

You might also like