ON WRITING, LEGALLY

(2009 Revision)1

THEODORE O. TE2

Intended for Exclusive Use of the University of the Philippines College of Law Bar Examination Candidates for 200 in the Professional Enhancement Program!Bar "eview 200 #ny other use$ without permission of the author$ is prohi%ited and all legal rights are reserved&

1

These forms were first made in 1997 and distributed n 199 for use in the !"#$%& 'ar O(s for that )ear* its was former+) tit+ed ,"+eadin-s. "etitions. /otions and Other $e-a+ and 0udi1ia+ 2orms3. 4t was +ast revised in this form 2007* the 1ontents are a+so (ub+ished b) 5D6sia as ,"hi+i((ine $e-a+ and 0udi1ia+ 2orms3 and 1o()ri-ht is owned b) the 6uthor. 6++ ri-hts are reserved.. 2 6ssistant "rofessor. !niversit) of the "hi+i((ines* 7i1e "resident for $e-a+ 6ffairs. !niversit) of the "hi+i((ines* 2ormer Dire1tor. Offi1e of $e-a+ 6id* $+.'.. !.". (1990)* &ratefu+ a18now+ed-ement is -iven to 6tt). 2e+i9 /arie /. &uerrero. 0.D. !.". (200 ) for inva+uab+e assistan1e in re#formattin-. (roofreadin- and u(datin- of +e-a+ referen1es.

TABLE OF CONTENTS
'a%le of Contents (n )riting$ Legally I& C(**(+ ,("*#& Caption and 'itle B& Prayer C& /urat 0& 1erification E& Certification against ,orum -hopping ,& Com%ined 1erification and Certification against ,orum -hopping 2& Com%ined 1erification$ Certification against ,orum -hopping$ and -tatement of *aterial 0ates 4& "e5uest for and +otice of 4earing I& Proof of Personal -ervice /& Proof of service %y registered mail 6with Explanation for failure to serve personally7 9& Place$ date$ signature$ address$ "oll num%er$ IBP receipt num%er$ P'" num%er L& #c:nowledgement *& +otice of #ppeal II& PLE#0I+2- #+0 ('4E" LE2#L 0(CU*E+'- I+ CI1IL P"(CE0U"E #& Complaint 6and other initiatory pleadings7 .& Complaint for e<ectment with damages 2& Complaint for sum of money 3& Complaint for "eplevin 8& Complaint to set period of years for lease B& #nswer with affirmative defenses and counterclaims .& #nswer with compulsory counterclaim 2& #nswer with counterclaim and cross!claim C& Pre!trial Brief 0& *otions .& *otion to 0ismiss 6with "e5uest for and +otice of 4earing7 2& *otion for leave of court to file pleading 6with explanation for service %y registered mail7 3& *otion for /udgment on the Pleadings 8& Ex parte motion to set for trial ;& *otion for postponement =& *otion for extension of time >& *otion to declare defendant in default ?& *otion to lift order in default E& -pecial Civil #ctions
1. Certiorari (with Injunction and/or TRO) !rohi"ition and #anda$u%

ii v . . . 2 2 2 3 3 3 8 8 ; ;

= > ? .0 .2 .3 .; .= .> .? . 20 2. 22 23 28 2; 2= 2> 2? 2

a& Certiorari %& Prohi%ition c& *andamus 2& @uo warranto$ Interpleader$ @uieting of 'itle$ and 0eclaratory "elief a& Complaint in Interpleader %& #ction to @uiet 6or "emove Cloud on7 'itle c& #ction for 0eclaratory "elief d& @uo )arranto ii

III&

PLE#0I+2- #+0 ('4E" LE2#L ,("*- I+ C"I*I+#L P"(CE0U"E #& Complaint!#ffidavit and Counter!#ffidavit .& Complaint!#ffidavit 2& Counter!#ffidavit B& Information and Complaint .& Information 6with Certificate of Preliminary Investigation or In5uest7 a& Bigamy %& 'heft c& #ttempted "ape d& ,rustrated *urder C& *otions .& *otion to @uash Information 2& *otion to @uash -earch )arrant 3& *otion to -uppress Evidence 8& *otion for Bail 0& #pplication for Bail PLE#0I+2- #+0 ('4E" LE2#L 0(CU*E+'- C(**(+ '( CI1IL #+0 C"I*I+#L P"(CE0U"E #& (ffer of Evidence and (ppositionAComment to (ffer .& ,ormal (ffer of Evidence 2& CommentA(pposition to (ffer B& 0emurrer to the Evidence .& Criminal cases 2& Civil cases C& +otice of Lis Pendens 0& #ppearance as Counsel E& )ithdrawal as Counsel .& )ithdrawal with conformity of client 2& )ithdrawal without conformity of client ,& -u%stitution of Counsel 2& +otice of #ppeal PLE#0I+2- #+0 LE2#L 0(CU*E+'- (+ 0(*E-'IC C#-E- #+0 -PECI#L P"(CEE0I+2#& Petition for 4a%eas Corpus B& Petition for #doption C& Petition for 0eclaration of +ullity of *arriage with #pplication for Provisional (rders 0& Petition for Pro%ate of 4olographic )ill 0EE0-$ C(+'"#C'- #+0 ('4E" C("P("#'E LE2#L 0(CU*E+'#& -pecial Power of #ttorney B& 2eneral Power of #ttorney C& Contract of Lease 0& 4olographic )ill E& +otarial )ill ,& #ttestation Clause for a +otarial )ill 2& #c:nowledgement of a +otarial )ill 4& 0onation Inter 1ivos I& #c:nowledgment of +ominee -tatus with #ssignment of -hares iii

30 3. 33 38 3; 3= 3> 3? 3 80 8.

I1&

82 83 88 8; 8= 8> 8? 8? 8 8

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;0 ;. ;2 ;8 ;; ;; ;= ;> ;> ;? ;? ; =0

1I&

/& -ecretaryBs Certificate 9& Board "esolutions .& #uthority to #ct 2& Increase in num%er of directors and necessary amendment to the #rticles of Incorporation L& 0eed of #ssignment *& 0eed of -ale of "egistered Land 6unilateral7 +& 0eed of -ale of Unregistered Land 6unilateral7 (& 0eed of -ale with Pacto de "etro 6%ilateral7 P& 0eed of "epurchase of land sold under Pacto de "etro @& 0eed of -ale with *ortgage "& 0acion en Pago 60eed of #ssignment of "eal Estate in payment of de%t7 -& Chattel *ortgage 1II& #PPE#L- #+0 ('4E" "E-("'- '( #PPELL#'E C(U"'- I+ C"I*I+#L #+0 CI1IL P"(CE0U"E #& (rdinary #ppeals .& in civil cases a& from *'C 6in original <urisdiction7 to "'C 6in appellate <urisdiction7 %& from "'C 6in original <urisdiction7 to C# 2& in criminal cases a& from *'C 6as trial court7 to "'C 6in appellate <urisdiction7 %& from "'C 6as trial court7 to C# c& from "'C 6as trial court7 to -C B& Petitions for "eview .& from "'C 6as appellate court7 or from 5uasi!<udicial agencies to C# 2& from "'C 6on pure 5uestions of law7 or C# 6in appellate <urisdiction7 to -C

=. =. =. =2 =3 =8 =; == => =? =

>0 >0 >0 >0 >0 >0 >. >.

1III& ,("*- "ELE1#+' '( '4E )"I'- (, #*P#"( #+0 4#BE#- 0#'# #& #mparo B& 4a%eas 0ata

iv

ON WRITING, LEGALLY
“Therefore, its name was called Babel, because there the Lord confused the language of all the earth.” C 2enesis$ ..D $ E-1

4f brevit) is the sou+ of wit. what now is to be1ome of +aw)ers (and +aw students) who wou+d non1ha+ant+) write a 100#(a-e do1ument and dare 1a++ it a ,Brief3: The traditiona+ notion of +e-a+ writin- is that it is a 1om(etition to (ut to-ether as man) four to five#s)++ab+e words in a one#(ara-ra(h senten1e. The +an-ua-e of the +aw m)stifies and with this 1omes the (ower of the +aw)er for the more obs1ure and obtuse ; the +an-ua-e. the -reater the need for a +aw)er. Histor) has -iven us man) +an-ua-e handi1a(s and obsta1+es to 1+arit) and (re1ision. Throu-hout four or five )ears of +aw s1hoo+. the +aw student. who eventua++) be1omes a +aw)er. is trained to thin8 in ar1hai1 words and (hrases<+e-a+ese<whi1h a((ear to have -reat +e-a+ si-nifi1an1e but are a1tua++) too im(re1ise to he+( an)one understand what is -oin- on. 6nd to add to the 'abe+ish situation. there are hundreds of words in a dead +an-ua-e<$atin< that have +itt+e re+evan1e to the 1ontem(orar) wor+d. There is a sea 1han-e. however. -oin- on in +e-a+ writin-. /ore and more. (+eaders are as8ed to be 1+ear and 1on1ise. (re1ise not (edanti1. =h) waste five words when on+) three wi++ do:> 'ut 1han-e. as a+wa)s. is diffi1u+t and (ainfu+. ?et. it is an essentia+ res(onse to toda)@s evo+vin- +e-a+ (rofession. 4ndeed. when the most 1ommon means now of 1ommuni1atin- is faster than sound %/%. with its own sub1u+ture and +in-o. there must be a re#eAamination of the ar1hai1 and (edanti1 manner b) whi1h +e-a+ writin- (resents itse+f. =hat this short introdu1tion to the a11om(an)in- handboo8 of Pleadings, Petitions, Motions and Other Legal and Judicial Forms see8s to do is to (ut forth the need to write 1+ear+) and 1on1ise+). (re1ise+) but not (edanti1a++). =hat this 2orms boo8 see8s to do is to assist the f+ed-+in-B and seasoned +e-a+ (+eader. drafter and advo1ate b) (resentin- in the form the) are reCuired to a((ear. with words that are 1+ear and 1on1ise. (re1ise not (edanti1. =hen a Dud-e@s attention s(an is short and his readin- ba18+o- is +on-. the need to write 1on1ise+). 1+ear+). (re1ise+) and not (edanti1a++) be1omes abso+ute+) ur-ent. =ritin- 1on1ise+) and not (edanti1a++). however. does not mean that the +e-a+ writer ou-ht to 1ut 1orners when it 1omes to substan1e as we++ as form* the on+) thin- that that -uarantees is a ba+efu+ stare and a rude dismissa+ from the Dud-e. Eot on+) must the writer 8now the ar-uments and the bases for his ar-uments. but she must a+so rea+i9e that these ar-uments need to be (resented in a manner that is te1hni1a++) suffi1ient.
; >

The use of the word is de+iberate and intended to be ironi1##to demonstrate the (oint. /) favorite. and man) of m) students wi++ attest to this. is the abso+ute+) ar1hai1 “Comes Now, the Plaintiff, by the undersigned counsel, unto this onorable Court, res!ectfully states that" as (art of ever) (+eadin-. =h) waste 1B words. when F wi++ do. thusG “Plaintiff, by counsel, res!ectfully states that"# The +atter +oses none of the +e-a+ -ravitas but +oses ever) bit of the ar1hai1 (retense that m)stifies the +aw and (er(etuates the notion that +a)wers 8now what the) are doin- ea1h and ever) time. B 4t was ori-ina++) intended as a bar eAamination -uide and as a tea1hin- too+ for eviden1e and (ro1edure 1+asses.

v

4t is ho(ed that the forms (resented here. with 1he18+ists F of +e-a+ reCuirements and short annotations. wi++ (rovide the im(etus for dem)stif)in- +e-a+ writin- and +e-a+ draftin-. These forms 1ome from a1tua+ forms used in the author@s (ra1ti1e. some from worth) o((onents and sti++ some from traditiona+ form boo8s. with u(dates to fit the 1urrent state of the Ru+es. =hi+e this handboo8 was (rodu1ed. (rimari+). with bar eAaminees and the +aw intern or +aw student in mind. it is ho(ed that it mi-ht (rove he+(fu+ as we++ when %e(tember ends 7 and +ife. as a +aw)er. be-ins in earnest.

Theodore O. Te $ Floor, %ue&on all '(outhwing), *ni+ersity of the Phili!!ines, ,iliman, %ue&on City
rd

F

618now+ed-ment is -iven to Atty. Alex M. Enriquez, ($+.'.. !". 1990) for the ori-ina+ tem(+ate of the 5he18+ists. whi1h have been u(dated to suit 1urrent (ra1ti1e. 7 The referen1e is to the son- b) &reen Da). an 6meri1an (un8 band. entit+ed , -a.e Me *! -hen (e!tember /nds3. whi1h has abso+ute+) nothin- to do with the bar or ta8in- the bar (as it refers to a death in the fami+)) eA1e(t the month referred to in the tit+e and the )earnin- eA(ressed to see the month end. 4t has. at some (oint in time. a(t+) be1ome an unoffi1ia+ anthem of sorts for some bar eAaminees. /u1h more a(t (erha(s than , My -ay3 whi1h starts with. “0nd now the end is near#3

vi

I.

CO##ON FOR#S 6. Ca&tion and Tit'e "epu%lic of the Philippines +ational Capital /udicial "egion "E2I(+#L '"I#L C(U"' Branch .$ *anila

EEEEEEEEEEEEEEEEEEEE$ Plaintiff$ !versus! +o&EEEEEEEEEEEEEEE ,or EEEEEEEEEEEEEEEEEEEEEEE EEEEEEEEEEEEEEEEEEEEEE$ 0efendant& x!!!!!!!!!!!!!!!!!!x B. !ra(er P"#FE" )4E"E,("E it is respectfully prayed$ after notice and hearing$ that the defendant %e ordered to pay the plaintiff the amount of (ne *illion Pesos 6Php&.$000$0007 for actual and compensatory damages$ ,ifty 'housand Pesos 6Php&;0$0007 for moral damages$ ,ifty 'housand Pesos 6Php&;0$0007 for exemplary damages$ and ,ifty 'housand Pesos 6Php&;0$0007 for attorneyBs fees& (ther <ust and e5uita%le reliefs are also prayed for& Civil Case

5. )urat
-UB-C"IBE0 #+0 -)("+ '( %efore me in the City of EEEEEEEEEEEEEEE on this day of EEEEEEEEEEEEEEEEE$ affiant exhi%iting %efore me his 2overnment Issued I0 no& EEEEEEEEEEEEEEE issued on EEEEEEEEEEEEEEEEEE at EEEEEEEEEEEEEEEEEEEEE& 6-gd&7 +& (& '#"I( +otary Pu%lic Until EEEEEEEEEEEEEEEEEE P'" +o& EEEEEEEEEEEEEEE Issued at EEEEEEEEEEEEEE (n EEEEEEEEEEEEEEEEEEE 0oc& +o& Page +o& Boo: +o& -eries of 200>&

.

D. *eri+ication
1E"I,IC#'I(+ "epu%lic of the Philippines City of EEEEEEEEEEEEEEE 7 7 s&s&

C&9& 4ilfiger$ after having %een duly sworn in accordance with law$ deposes and states thatD .& 4e is the plaintiff in the pleadingAdocument entitled 6pleadingAdocument %eing verified7 2& 4e has caused its preparation 3& 4e has read it and the allegations therein are true and correct of his own :nowledge or %ased on authentic records& 6-gd&7 C&9& 4IL,I2E" !L,S- /urat NOTE- Pleadings re5uired to %e verified .& #ll pleadings under the "ules of -ummary Procedure 2& Complaints for a& ,orci%le entry %& Unlawful detainer c& "eplevin 3& Complaints with application for in<unction or attachment 8& #nswer to complaint or counterclaim %ased on actiona%le documents ;& Petitions for a& Certiorari %& Prohi%ition c& *andamus d& 4a%eas Corpus e& Change of +ame

E. Certi+ication a.ain%t Foru$ Sho&&in.
CE"'I,IC#'I(+ #2#I+-' ,("U* -4(PPI+2 "epu%lic of the Philippines City of EEEEEEEEEEEEEEE 7 7 s&s&

C&9& 4ilfiger$ after having %een duly sworn in accordance with law deposes and states thatD .& 4e is the plaintiff in the case entitled 6title of the case7G 2& 4e certifies that he has not commenced any action or filed any claim involving the same issues %efore any other court$ tri%unal or 5uasi!<udicial agencyG 3& 'o the %est of his :nowledge$ there is no such pending action or claimG 8& If he should learn that a similar action or claim has %een filed or is pending he shall report such fact within five 6;7 days from the discovery to this 4onora%le Court& 6-gd&7 C&9& 4IL,I2E" !L,S- /urat F. Co$"ined *eri+ication and Certi+ication a.ain%t Foru$ Sho&&in. 1E"I,IC#'I(+ H CE"'I,IC#'I(+ #2#I+-' ,("U* -4(PPI+2 I$ C&9& 4ilfiger$ of legal age$ do here%y state thatD I am the Chief Executive (ffice of #lis 0i!yan Company and in such capacity$ caused this Complaint to %e preparedG I have read its contents and affirm that they are true and correct to the %est of my own personal :nowledgeG I here%y certify that there is no other case commenced or pending %efore any court involving the same parties and the same issue and that$ should I learn of such a case$ I shall notify the court within five 6;7 days from my notice& I+ )I'+E-- )4E"E(,$ I have signed this instrument on EEEEEEEEEEEEE& 6-gd&7 C&9& 4IL,I2E" !L,S- /urat

2

/. Co$"ined *eri+ication #ateria' 0ate%

Certi+ication a.ain%t Foru$ Sho&&in.

and State$ent o+

1E"I,IC#'I(+ H CE"'I,IC#'I(+ #2#I+-' ,("U* -4(PPI+2 I$ C&9& 4ilfiger$ of legal age$ do here%y state thatD I am the Chief Executive (ffice of #lis 0i!yan Company and in such capacity$ caused this Complaint to %e preparedG I have received a copy of the [ rder!"esolution!#ecision$ of the %ourt on &' (pril )**+, I have read its contents and affirm that they are true and correct to the %est of my own personal :nowledgeG I here%y certify that there is no other case commenced or pending %efore any court involving the same parties and the same issue and that$ should I learn of such a case$ I shall notify the court within five 6;7 days from my notice& I+ )I'+E-- )4E"E(,$ I have signed this instrument on EEEEEEEEEEEEE& 6-gd&7 C&9& 4IL,I2E" !L,S- /urat

H. Re1ue%t +or and Notice o+ hearin.
"E@UE-' ,(" H +('ICE (, 4E#"I+2 '4E B"#+C4 CLE"9 (, C(U"' *etropolitan 'rial Court @ueIon City$ Branch 3 Please su%mit the foregoing *otion to the Court for its consideration and approval immediately upon receipt hereof and :indly include the same in the courtBs calendar for hearing on ,riday$ .3 #pril 200> at ?D30 in the morning& #''ICU- ,I+C4 . *oc:ingBird -treet 'imog #venue$ @ueIon City Please ta:e notice that counsel has re5uested to %e heard on ,riday$ .3 #pril 200> at ?D30 in the morning& 6-gd&7 *I'C4 *C0EE"E Counsel for 0efendant 2 'he ,irm Laguna -treet$ @ueIon City I. !roo+ o+ &er%ona' %er2ice

Copy furnished through personal serviceD #tty& *itch *c0eere Counsel for the 0efendant 2 'he ,irm Laguna -treet$ @ueIon City

3

). !roo+ o+ %er2ice "( re.i%tered $ai' (with E3&'anation +or +ai'ure to %er2e &er%ona''() Copy furnished through registered mailD #tty& *itch *c0eere Counsel for the 0efendant 2 'he ,irm Laguna -treet$ @ueIon City "egistry "eceipt +o& EEEEEEEE Post (ffice EEEEEEEEEEEEEEEE 0ate EEEEEEEEEEEEEEEEEEEEE EJPL#+#'I(+ 'he foregoing 6designation of pleading$ motion$ etc&7 and its attachment were served on #tty& *itch *c0eere %y registered mail instead of personal service as counsel for petitioner only has one messenger and personal service would have resulted in the motion not %eing filed on time to the detriment of petitioner& 6-gd&7 #''ICU- ,I+C4 "epu%lic of the Philippines City of EEEEEEEEEEEEEEE 7 7 s&s& #,,I0#1I' I$ 4#"PE" LEE$ a messenger of #tty& #tticus EEEEEEEEEEEEEEEEEE$ after %eing duly sworn$ deposes and statesD ,inch$ with office address at

'hat on EEEEEEEEEEEEEEEEEEEEEE$ I served a copy of the following pleadingsApapers %y registered mail in accordance with -ection .0$ "ule .3 of the "ules of CourtD +ature of PleadingAPaper EEEEEEEEEEEEEEEEEEEEEEEE EEEEEEEEEEEEEEEEEEEEEEEE in Case +o& EEEEEEEEEEEEEEEEE entitled EEEEEEEEEEEEEEEEEEEE %y depositing a copy in the post office in a sealed envelope$ plainly addressed to 6name of party or hisAher attorney7 at EEEEEEEEEEEEEEE with postage fully paid$ as evidenced %y "egistry "eceipt +o& EEEEEEEEEEEEEEEEEEEEE attached and with instructions to the post master to return the mail to sender after ten 6.07 days if undelivered& '( '4E '"U'4 (, '4E ,("E2(I+2$ I have signed this #ffidavit on .3 #pril 200>$ in the City of *anila$ Philippines& 6-gd&7 4#"PE" LEE #ffiant !L,S- /urat 4. !'ace date %i.nature addre%% Ro'' nu$"er IB! recei&t nu$"er !TR nu$"er #CLE Co$&'iance or E3e$&tion Nu$"er Contact 0etai'% City of *anila$ .3 #pril 200>& #tty& *itch *c0eere Counsel for the 0efendant 2 'he ,irm$ Laguna -treet$ @ueIon City$ *etro *anila -Telephone, .a/, 0mail1 "oll +o& IBP (" +o&$ date and place of issue P'" (" +o&$ date and place of issue 2%L0 %ompliance!0/emption 3o.

8

$. Ac5now'ed.$ent
"epu%lic of the Philippines City of *anila 7 7 s&s&

BE,("E *E$ this .3th day of #pril$ 200> in the City of *anila$ Philippines$ personally appeared #''ICU- ,I+C4$ with K1alid Identification 0ocumentL 60riverBs License +o& +2;!0>!00>>>>7 issued %y the Kofficial agencyL 6Land 'ransportation (ffice7 on .0 /anuary 200>$ :nown to me to %e the same person who executed the foregoing instrument$ and who ac:nowledged to me that the same is his free act and deed& I+ )I'+E-- )4E"E(,$ I have set my hand and affixed my +otarial seal on the day$ year and place written& 6-gd&7 +& (& '#"I( +otary Pu%lic Until EEEEEEEEEEEEEEEEEE P'" +o& EEEEEEEEEEEEEEE Issued at EEEEEEEEEEEEEE (n EEEEEEEEEEEEEEEEEEE 0oc& +o& Page +o& Boo: +o& -eries of 200> NOTE- If the instrument consists of 2 or more pages$ include the following after the . st paragraphD 'his instrument$ consisting of EEE pages$ including the page on which this ac:nowledgment is written$ has %een signed on the left margin of each and every page thereof %y EEEEEEEEEEE and his witnesses 6if any7$ and sealed with my +otarial seal& NOTE- If the instrument conveys 2 or more parcels of land$ include the following after the . st paragraphD 'his instrument relates to the sale 6or mortgage7 of EEE parcels of land$ and consists of EEE pages including the page on which this ac:nowledgment is written$ each and every page of which$ on the left margin$ having %een signed %y EEEEEEEEEEEEEE and his witnesses 6if any7$ and sealed with my +otarial seal& #. Notice o+ A&&ea' +('ICE (, #PPE#L 0efendant$ #BC$ %y counsel$ respectfully appeals to this 4onora%le Court the 0ecision of the lower court dated .3 #pril 200>$ a copy of which he received on 2= #pril 200>& @ueIon City$ 2 *ay 200>& 6-gd&7 *I'C4 *C0EE"E Counsel for 0efendant 2 'he ,irm Laguna -treet$ @ueIon City

;

II.

!LEA0IN/S AN0 OT6ER LE/AL 0OC,#ENTS IN CI*IL !ROCE0,RE 6. Co$&'aint (and other initiator( &'eadin.%) 1. Co$&'aint +or eject$ent with da$a.e% 718 "egional 'rial Court +ational Capital /udicial "egion *E'"(P(LI'#+ '"I#L C(U"' @ueIon City$ Branch 33

#LI- 0I!F#+ C(*P#+F$ Plaintiff$ ! versus ! F(9( +2#$ 0efendant& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x C(*PL#I+' PL#I+'I,,$ %y counsel$ respectfully states thatD 798 .& Plaintiff is a foreign corporation organiIed and existing under the laws of ,rance with %usiness address at ... (cean 0rive$ 'una Compound$ @ueIon CityG 0efendant is a ,ilipino$ of legal age$ single and currently resident of ..2 (cean 0rive$ 'una Compound$ @ueIon City$ where he may %e served with summons and other pertinent processes& 7:8 2& Plaintiff owns that property located at ..2 (cean 0rive$ 'una Compound$ @ueIon City which it leased to defendant under the terms and conditions stated in the Contract of Lease dated . /anuary 200;$ which contract expires on 3. 0ecem%er 200=& # copy of the contract is attached as #++EJ #& 3& Upon expiration of the contract$ plaintiff informed defendant of its intention not to renew the lease as it would use the property for its %usiness expansionG plaintiff then as:ed defendant to vacate the premises& # copy of plaintiffBs letter to defendant is attached as #++EJ B& 7;8 8& 0espite demand duly made and received$ defendant has refused to vacate the premises and continues to occupy the property without plaintiffBs consent& "esort to the Barangay conciliation system proved useless as defendant refused to appear before the Lupong Tagapamayapa. ( %ertification to .ile (ction is attached as (3304 % & ;& 0efendantBs act of dispossession has caused plaintiff to suffer material in<ury %ecause plaintiffBs %usiness expansion plans could not %e implemented despite the arrival of machineries specifically leased for this purpose at the rental rate of U-M;00 per month& 0efendantBs continued occupation of the premises has also forced plaintiff to sue and to incur legal expenses amounting to ,ifty 'housand Pesos 6P;0$000&007& 7<8 )4E"E,("E$ plaintiff respectfully prays for <udgment in its favor %y ordering defendant to vacate the property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff the amount of U-M3$;00 representing rentals on the machineries for seven 6>7 months and ,ifty 'housand Pesos 6P;0$000&007 for #ttorneyBs fees& (ther <ust and e5uita%le reliefs are also prayed for& 7=8 @ueIon CityG .3 #pril 200>& 7>8 6-gd&7 #''ICU- ,I+C4 Counsel for Plaintiff K#ddressL !L,S.& 7?8 1erification and Certification against ,orum -hopping 2& /urat Civil Case +o& 2222 ,orD E<ectment

=

2. Co$&'aint +or %u$ o+ $one(
718 "epu%lic of the Philippines +ational Capital /udicial "egion "E2I(+#L '"I#L C(U"' Branch .0.$ *a:ati City E-'# P#0("#$ Plaintiff$ ! versus ! *#+22# 2#+'-($ 0efendant& x !!!!!!!!!!!!!!!!!!!!!!!!!! x C(*PL#I+' PL#I+'I,,$ %y counsel$ respectfully states thatD 798 .& Plaintiff is a ,ilipino$ of legal age$ and resident of =>;0 ,or%es Par:$ *a:ati CityG defendant is also a ,ilipino$ of legal age and resident of =>;2$ ,or%es Par:$ *a:ati City$ where he may %e served with summons and other processes& 7:8 2& -ometime in /anuary 200; and over a period of six 6=7 months$ defendant %orrowed certain amounts from plaintiff& 0efendant promised to pay these amounts on an installment %asis monthly& 'hese amounts now total +ine 4undred 'housand Pesos 6P 00$000&007& 7;8 3& 0espite repeated demands$ %oth oral and written$ defendant failed or has refused to pay any amount to plaintiff as no installment payment has even %een made& # copy each of plaintiffBs two 627 demand letters is attached as #++EJ # and B& 8& "esort to the Barangay Conciliation process proved fruitless as defendant failed to appear$ despite notice on him to appear& 'hus$ a Certification to ,ile #ction$ a copy of which is attached as #++EJ C$ was issued %y the Barangay Chairman& ;& 0efendantBs o%ligation is due and demanda%le and plaintiff is entitled to the payment of the entire amount of +ine 4undred 'housand Pesos 6P 00$000&007 plus legal interest& =& By reason of defendantBs unreasona%le failure or refusal to pay his due and demanda%le o%ligation$ plaintiff was forced to engage the services of counsel to vindicate his rights there%y committing himself to pay legal expenses amounting to ,ifty 'housand Pesos 6P;0$000&007& 7<8 )4E"E,("E$ plaintiff respectfully prays for <udgment in his favor through a 0ecision directing defendant to pay him +I+E 4U+0"E0 '4(U-#+0 PE-(- 6P 00$000&007$ with legal interest$ as #C'U#L 0#*#2E- and ,I,'F '4(U-#+0 PE-(- 6P;0$000&007 as #ttorneyBs ,ees& (ther <ust and e5uita%le reliefs are also prayed for& 7=8 @ueIon City for *a:atiG .3 #pril 200>& 7>8 6-gd&7 #''ICU- ,I+C4 Counsel for Plaintiff K#ddressL !L,S- 7?8 1erification and Certification against ,orum -hopping Civil Case +o& 000??2 ,orD -um of *oney

>

;. Co$&'aint +or Re&'e2in
718 "epu%lic of the Philippines +ational Capital /udicial "egion "E2I(+#L '"I#L C(U"' Branch .0.$ *a:ati City 4U"'- "E+'!#!C#"$ represented %y #9I+ +#F#+$ Plaintiff$ Civil Case +o& 0000?? ! versus ! F(9( +2#$ 0efendant& x!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x C(*PL#I+' Plaintiff$ %y counsel$ respectfully states thatD 798 .& Plaintiff is the general manager of 4urts "ent!#!Car with offices at *a:ati CityG defendant is a 'ongan$ temporarily residing at Bayview 4otel$ "oxas Boulevard$ *anila& 7:8 2& 4urts "ent!#!Car is the registered owner of a 4onda C"1 with license plate num%er JL1! =>;$ which defendant$ on 3 *arch 200;$ rented from plaintiff for a period of one 6.7 wee:& 7;8 3& (n .; *arch 200;$ plaintiff demanded from defendant the return of the car %ut defendant failed and refused to do so& 8& 'he car has not %een ta:en for a tax assessment or a fine pursuant to law nor has it %een seiIed on execution or attachment& Its present value is approximately +ine 4undred 'housand Pesos 6P 00$000&007& ;& Plaintiff is ready$ willing and a%le to give %ond in defendantBs name in dou%le the value of the property for the return of the property to defendant should that %e ad<udged or for the payment of such sum that defendant may recover from plaintiff in this action& 7<8 )4E"E,("E$ plaintiff respectfully prays that the writ of replevin issue directing the -heriff or any other authoriIed officer to ta:e possession of the car and dispose of it in accordance with the "ules of Court and$ after hearing$ <udgment %e rendered declaring plaintiff to %e lawfully entitled to the possession of the car and sentencing defendant to pay its value& 7=8 @ueIon City for *a:ati CityG .3 #pril 200>& 7>8 6-gd&7 *I'C4 *C0EE"E Counsel for the Plaintiff K#ddressL !L,S- 7?8 1erification and Certification against ,orum -hopping

?

>. Co$&'aint to %et &eriod o+ (ear% +or 'ea%e
718 "epu%lic of the Philippines +ational Capital /udicial "egion "E2I(+#L '"I#L C(U"' Branch .=.$ Pasig City +#+2 UUP#$ Plaintiff$ Civil Case +o& 00... ! versus ! +#2P# P#UP#$ 0efendant& x !!!!!!!!!!!!!!!!!!!!!! x C(*PL#I+' PL#I+'I,,$ %y counsel$ respectfully states thatD 798 .& Plaintiff and 0efendant are %oth ,ilipino citiIens and of legal ageG plaintiff resides at .!#$ CruI -treet$ Pasig City while defendant resides at 2 ,risco -treet$ Pasig City$ where he may %e served with summons& 7:8 2& (n . /anuary 2003$ defendant leased to plaintiff the premises at .!# CruI -treet$ Pasig City for a monthly rental of (ne 'housand Pesos 6P.$000&007 to %e paid within the first five 6;7 days of each month& 3& 'here is no fixed period for the lease agreement except that rentals are to %e paid %y the month& 7;8 8& Plaintiff has %een paying the rentals as they fall due each month$ without fail& 4owever$ on 8 #pril 200=$ defendant gave notice to plaintiff that he is terminating the lease agreement %y the end of #ugust 200=& ;& Considering that the period of lease has not %een fixed$ this 4onora%le Court may fix a longer period of time as the lessee has %een occupying the place for a period of three 637 years& # period of two 627 years is reasona%le considering that the lessee has no place to transfer to immediately and that he has introduced su%stantial improvements to the premises amounting to ,ifty 'housand Pesos 6P;0$000&007& 7<8 )4E"E,("E$ it is respectfully prayed that this 4onora%le Court fix a period of years for the lease %etween plaintiff and defendant& 7=8 @ueIon City for Pasig CityG .3 #pril 200>& 7>8 6-gd&7 #''ICU- ,I+C4 Counsel for Plaintiff K#ddressL !L,S- 7?8 1erification and Certification against ,orum -hopping

'. An%wer with a++ir$ati2e de+en%e and counterc'ai$
1. An%wer with co$&u'%or( counterc'ai$ 718 "egional 'rial Court +ational Capital /udicial "egion *E'"(P(LI'#+ '"I#L C(U"' Branch 33$ @ueIon City #LI- 0I!F#+ C(*P#+F$ Plaintiff$ ! versus ! F(9( +2#$ 0efendant& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x #+-)E" 6)ith C(U+'E"CL#I*7 0E,E+0#+'$ %y counsel$ respectfully states thatD #dmissionsA0enials 798 .& 4e admits the contents of paragraph . only insofar as his personal circumstances %ut specifically denies the contents insofar as plaintiffBs personal circumstances for the reason stated in the #ffirmative 0efenses %elow& 2& 4e admits the contents of paragraph 2 only where it states that a Contract of Lease was entered into %ut specifically denies that the Contract reflects the true intent of the parties as explained in the #ffirmative 0efenses %elow& 3& 4e admits the contents of paragraph 3 only as to the fact that demand to vacate was made %ut specifically denies its contents as to the truth of the reasons for the letter for lac: of :nowledge sufficient to form a reasona%le %elief as to its truth or falseness&& 8& 4e specifically denies the contents of paragraphs 8 to = for the reasons stated in the #ffirmative 0efenses %elow& #ffirmative 0efenses 7;8 ;& 0efendant reiterates$ repleads and incorporates %y reference all the foregoing insofar as they are material and additionally su%mit that the Complaint should %e dismissed %ecauseD ;&.& Plaintiff has no capacity to sue as it is a foreign corporation doing %usiness in the Philippines without a license& ;&2& 'he Complaint fails to state a cause of action as the Contract of Lease 6#++EJ #7 was$ %efore its expiration$ superceded %y a 0eed of #%solute -ale where%y plaintiff sold to defendant the parcel of land in 5uestion$ a copy of which is attached as #++EJ .& Counterclaim 7<8 =& 0efendant reiterates$ repleads and incorporates %y reference all the foregoing insofar as they are material and additionally su%mit that he is entitled to relief arising from the filing of this malicious and %aseless suit$ as followsD =&.& *oral 0amages amounting to (ne *illion Pesos 6P4P.$000$000A007 %ecause his name and reputation were %esmirched %y this malicious and %aseless suit& =&2& #ttorneyBs ,ees amounting to (ne 4undred 'housand Pesos 6P.00$000&007 %ecause he was compelled to secure services of counsel to vindicate his legal rights& 7=8 )4E"E,("E$ 0efendant respectfully prays that <udgment %e rendered in his favor %y dismissing the Complaint and granting defendantBs counterclaim %y awarding defendantD 6a7 (ne *illion Pesos as *oral 0amages$ and 6%7 ,ifty 'housand as #ttorneyBs ,ees& (ther <ust and e5uita%le reliefs are prayed for& 7>8 @ueIon CityG .3 #pril 200>& 7?8 6-gd&7 *I'C4 *C0EE"E Civil Case +o& 2222 ,or D E<ectment

.0

Counsel for 0efendant K#ddressL 7@ A 1B8 1E"I,IC#'I(+ H CE"'I,IC#'I(+ #2#I+-' ,("U* -4(PPI+2 I$ F(9( +2#$ of legal age$ do here%y state thatD I am the defendant in the case filed %y #lis 0i! yan Company for e<ectmentG in response$ I have caused the preparation of this #nswer with CounterclaimG I have read its contents and affirm that they are true and correct to the %est of my own personal :nowledgeG I specifically deny the genuineness and due execution as well as the binding effect of the actionable documents pleaded by plaintiiffC I here%y certify that there is no other case commenced or pending %efore any court involving the same parties and the same issue and that$ should I learn of such a case$ I shall notify the court within five 6;7 days from my notice& I+ )I'+E-- )4E"E(,$ I have signed this instrument on .3 #pril 200>& 6-gd&7 F(9( +2# !L,S.& /urat 6I, any document is denied7 2& 7118 Proof of -ervice 6personal service or service %y registered mail7

..

2. An%wer with counterc'ai$ and cro%%Dc'ai$
See ,orm +o& B!.$ supra$ %ut add!! 7<8 Crossclaim >& 0efendant reiterates$ repleads and incorporates %y reference all the foregoing insofar as they are material and additionally su%mit that he is entitled to indemnity andAor contri%ution from co!defendant *#+22# 2#+'-( in the event that he is made lia%le to plaintiff %ecause co!defendant *#+22# 2#+'-( acted as the duly authoriIed agent of plaintiff in the sale of the property and$ acting as such$ received consideration$ in the form of the purchase price$ from defendant& 7=8 )4E"E,("E$ 0efendant respectfully prays that <udgment %e rendered in his favor %y .& dismissing the Complaint$ and 2& granting defendantBs counterclaim %y awarding defendant a& (ne *illion Pesos 6Php&.$000$0007 as *oral 0amages$ and %& ,ifty 'housand Pesos 6Php&;0$0007 as #ttorneyBs ,ees& 3& In the event that defendant is made liable to plaintiff on the %omplaint, he further prays that co5defendant 2(366( 6(3T7 be made liable to indemnify defendant in the same amount under the %rossclaim& 7>8 @ueIon CityG EEEEEEEEEEEEEEEEEE& 7?8 6-gd&7 *I'C4 *C0EE"E Counsel for 0efendant K#ddressL !L,S.& 7@ A 1B8 1erification and Certification against ,orum -hopping 2& /urat 6I, document is denied7 3& 7118 Proof of -ervice 6personal service or service %y registered mail7

.2

5. !reDtria' Brie+
"epu%lic of the Philippines +ational Capital /udicial "egion "E2I(+#L '"I#L C(U"' Branch 0$ @ueIon City L#9I-# L#F#)$ Plaintiff$ Civil Case +o& >!3.3.2 ! versus ! L#9I-# 4I"#P$ 0efendant& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x P"E!'"I#L B"IE, 0E,E+0#+'$ %y counsel$ respectfully su%mits her Pre!'rial Brief$ as followsD I& )ILLI+2+E-- '( E+'E" I+'( #+ #*IC#BLE -E''LE*E+' #+0 P(--IBLE 'E"*- (, #+F -UC4 -E''LE*E+' .&.& -u%<ect to a concrete proposal that is fair and reasona%le and a reciprocal manifestation of openness from plaintiff$ defendant is open to the possi%ility of amica%ly settling this dispute& 71 A 98 .&2& Pursuant to Ru'e 1? o+ the 1@@> Ru'e% o+ Ci2i' !rocedure $ defendant respectfully su%mits that the desired terms of any amica%le settlement would involve$ first$ a clarification of the actual extent of any o%ligation due and owing to plaintiff inasmuch as there is nothing to indicate defendantBs o%ligations to plaintiff and$ second$ a schedule of payments& II& B"IE, -'#'E*E+' (, CL#I*- #+0 0E,E+-E2&.& Plaintiff see:s principally to recover the amount of 'wenty 'wo *illion Eight 4undred Eighteen 'housand +ine 4undred ,orty Eight Pesos and 'hirty Centavos 6P4P22$?.?$ 8?&307 with interest at twelve percent 6.2N7 arising allegedly from unpaid orders delivered to defendant variously in . ? & 2&2& 0efendant resists plaintiffBs claims %ased on a failure to state a cause of action %ecause of D 2&2&.& PlaintiffBs lac: of personality to sue and$ therefore$ not %eing the real party in interest under Ru'e : %ection 9 o+ the 1@@> Ru'e% o+ Ci2i' !rocedure G 2&2&2& ,urniture& Extinguishment of the alleged claim made %y the entity "egency

2&3& 0efendant also interposed a compulsory counterclaim for 'wo *illion Pesos 6P4P2$000$000&007 for moral damages and 'wo *illion Pesos 6P4P2$000$000&007 for exemplary damages and (ne 4undred 'housand Pesos 6P4P.00$000&007 as attorneyBs fees& III& ,#C'- #+0 ('4E" *#''E"- #0*I''E0 BF '4E P#"'IE7:8 3&.& 0efendant admits only those facts stated in her #nswer$ i&e&$ her personal circumstances$ receipt of the demand letter dated /anuary ;$ . > and her reply to the demand letter& 3&2& -u%<ect to a concrete proposal for stipulation of additional facts from plaintiff during pre!trial or even thereafter$ defendant admits no other facts stated in the Complaint& I1& I--UE- '( BE '"IE0 7;8 8&.& 0efendant su%mits that the following issues put forward %y plaintiff are su%<ect to proofD 8&.&.& PlaintiffBs personality to see: legal reliefG 8&.&2& PlaintiffBs entitlement to the amount claimedG 8&2& 0efendant su%mits that the following issues she put forward are su%<ect to proofD 8&2&.& PlaintiffBs %ad faith in filing this suitG 8&2&2& 0efendantBs entitlement to the claims made in her Compulsory Counterclaim as a result of plaintiffBs %ad faithG 1& E1I0E+CE

.3

7=8 ;&.& 0efendant intends to present the following witnessesD ;&.&.& 0efendant herself$ who will testify on the true circumstances leading to the filing of this suit against herG ;&.&2& #n employee of 'opless Enterprises with personal :nowledge as to the true circumstances %ehind the alleged o%ligations due and owing in favor of plaintiff& 7<8 ;&2& 0efendant reserves the right to present any and all documentary evidence which shall %ecome relevant to re%ut plaintiffBs claims in the course of trial as well as any other witnesses whose testimony will %ecome relevant to %elie plaintiffBs witnesses$ if necessary& 1I& "E-("' '( 0I-C(1E"F 7>8 =&.& Considering the relatively simple issues presented$ defendant does not intend to avail of discovery at this time& =&2& -u%<ect$ however$ to a concrete and reasona%le re5uest for discovery from plaintiff$ defendant reserves the right to resort to discovery %efore trial& "E-PEC',ULLF -UB*I''E0& @ueIon CityG .3 #pril 200>& 6-gd&7 *I'C4 *C0EE"E Counsel for 0efendant K#ddressL Copy furnishedD #tty& *# B(L# Counsel for Plaintiff

.8

D. #otion% 1. #otion to di%$i%% (with re1ue%t +or and notice o+ hearin.)
"epu%lic of the Philippines +ational Capital /udicial "egion *E'"(P(LI'#+ '"I#L C(U"' Branch 3 $ @ueIon City L#9I #--E' C(*P#+F$ Plaintiff$ ! versus ! 0#*I U'#+2 C("P("#'I(+$ 0efendant& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x *('I(+ '( 0I-*I-0E,E+0#+'$ %y counsel$ respectfully moves to dismiss the Complaint on the ground that the Complaint fails to state a cause of action as 718 '4E (BLI2#'I(+ -(U24' '( BE E+,("CE0 BF PL#I+'I,, I- +(' FE' 0UE #+0 0E*#+0#BLE$ as shown %y the followingD 798 .& #llegedly$ plaintiff has failed to reach the 5uotas agreed upon under the *ar:eting #greement dated . /anuary 200=G defendant now see:s to collect the sum of ')( 4U+0"E0 '4(U-#+0 PE-(- 6P200$000&007$ representing the %alance of the proceeds due plaintiff under the said *ar:eting #greement& 2& 'he contract is for one 6.7 year and defendant is given that same period to reach the 5uota specified thereinG the period of one 6.7 year has not expired& Conse5uently$ plaintiffBs claim is premature as there is yet no %reach of the *ar:eting #greement until the period expires and the 5uota is not attained& ,or this reason$ plaintiffBs Complaint states no cause of action and must %e dismissed& 7:8 )4E"E,("E$ defendant respectfully prays that the Complaint %e 0I-*I--E0 for failure to state a cause of action& (ther <ust and e5uita%le reliefs are also prayed for& @ueIon CityG .3 #pril 200>& 6-gd&7 *I'C4 *C0EE"E Counsel for 0efendant K#ddressL 7;8 "E@UE-' ,(" H +('ICE (, 4E#"I+2 '4E B"#+C4 CLE"9 (, C(U"' *etropolitan 'rial Court Branch 3 $ @ueIon City Please su%mit the foregoing *otion to the Court for its consideration and approval immediately upon receipt hereof and :indly include the same in the courtBs calendar for hearing on ,riday$ 2> #pril 200> at ?D30 in the morning& #''ICU- ,I+C4 . *oc:ingBird -treet 'imog #venue$ @ueIon City Please ta:e notice that counsel has re5uested to %e heard on ,riday$ 2> #pril 200> at ?D30 in the morning& 6-gd&7 *I'C4 *C0EE"E Counsel for 0efendant 2 'he ,irm Laguna -treet$ @ueIon City !L,S- 7<8 Proof of -ervice Civil Case +o& 3333 ,orD -um of *oney

.;

2. #otion +or 'ea2e o+ court to +i'e &'eadin. (with e3&'anation +or %er2ice "( re.i%tered
$ai') "epu%lic of the Philippines -UP"E*E C(U"' *anila L#9I U'#+2$ Petitioner$ 2&"& +o& EEEEEEEE ! versus ! 0#*I LUP#$ "espondent& x !!!!!!!!!!!!!!!!!!!!!!!!! x *('I(+ ,(" LE#1E (, C(U"' '( ,ILE "EPLF )I'4 *('I(+ '( #0*I' #''#C4E0 "EPLF PE'I'I(+E"$ %y counsel$ respectfully states thatD 718 .& Petitioner received a copy of respondentBs Comment to his petition on 3 /anuary 200=& 'he Comment contains several allegations of fact and misinterpretations of the record that may mislead the court and need to %e corrected& ,or this reason$ petitioner intends to file a "eply& 798 2& Under existing rules$ a "eply can no longer %e filed as a matter of course& Conse5uently$ petitioner see:s leave of this Court to file the said "eply$ a copy of which$ pursuant to the . > "ules on Civil Procedure$ is attached to this motion& 7:8 )4E"E,("E$ petitioner respectfully prays that he %e granted leave of court to file a "eply and for the Court to admit the attached "eply& @ueIon City for *anilaG ; /anuary 200>& 6-gd&7 #''ICU- ,I+C4 Counsel for the Petitioner K#ddressL !L,S.& 7;8 "e5uest for and +otice of 4earing

2. 7<8 Explanation for service %y registered mail

.=

;. #otion +or jud.$ent on the &'eadin.%
"epu%lic of the Philippines +ational Capital /udicial "egion "E2I(+#L '"I#L C(U"' Branch 3 $ @ueIon City L#9I-# L#F#)$ Plaintiff$ ! versus ! L#9I-# 4I"#P$ 0efendant& x !!!!!!!!!!!!!!!!!!!!!!!!! x *('I(+ ,(" /U02*E+' (+ '4E PLE#0I+2Plaintiiff$ %y counsel$ respectfully states thatD .& (n = /uly 200;$ plaintiff sued defendant for a sum of money in the amount of +ine 4undred 'housand Pesos 6P 00$000&007& 71 A 98 2& In his #nswer$ defendant admitted the o%ligation and merely stated that he was as:ing to %e given an extension of time to pay his o%ligation %ut that plaintiff instead filed this Complaint& 'he #nswer admits the material allegations of the Complaint and has not tendered any issueG conse5uently$ a <udgment on the pleadings may %e rendered& 7:8 )4E"E,("E$ plaintiff respectfully prays a <udgment on the pleadings %e rendered in his favor& @ueIon CityG .3 #pril 200>& 6-gd&7 #''ICU- ,I+C4 Counsel for the Plaintiff K#ddressL !L,SCivil Case +o& >!3.3.2 ,orD -um of *oney

1. 7;8 "e5uest for and +otice of 4earing
2& 7<8 Proof of -ervice

.>

>. E3 &arte $otion to %et +or &reDtria'
"epu%lic of the Philippines +ational Capital /udicial "egion "E2I(+#L '"I#L C(U"' Branch 3 $ @ueIon City L#9I-# L#F#)$ Plaintiff$ Civil Case +o& ! versus ! L#9I-# 4I"#P$ 0efendant& x !!!!!!!!!!!!!!!!!!!!!!!!! x EJ P#"'E *('I(+ '( -E' C#-E ,(" P"E!'"I#L PL#I+'I,,$ %y counsel$ respectfully states thatD 718 .& (n . /une 200=$ defendant su%mitted her #nswer to the Complaint$ there%y causing the issues to %e <oined& 798 2& 'his case is$ thus$ ripe for pre!trial& Complying with "ule .?$ -ection . of the . on Civil Procedure$ plaintiff respectfully as:s that this case %e set for pre!trial& > "ules >!3.3.2

7:8 )4E"E,("E$ plaintiff respectfully prays that this case %e set for pre!trial on a date convenient to this 4onora%le Court& @ueIon CityG .3 #pril 200>& 6-gd&7 #''ICU- ,I+C4 Counsel for the Plaintiff K#ddressL 7;8 "E@UE-' #+0 +('ICE '4E B"#+C4 CLE"9 (, C(U"' "egional 'rial Court Branch 3 $ @ueIon City Please su%mit the foregoing to the Court for its approval immediately upon receipt hereof& Copy furnishedD *I'C4 *C0EE"E$ E-@& 2 'he ,irm Laguna -treet$ @ueIon City Please ta:e notice that counsel has re5uested for the approval of the foregoing motion immediately upon receipt& 6-gd&7 #''ICU- ,I+C4 Counsel for the Plaintiff !L,S- 7<8 Proof of -ervice

.?

B. #otion +or &o%t&one$ent
"epu%lic of the Philippines +ational Capital /udicial "egion "E2I(+#L '"I#L C(U"' Branch 3 $ @ueIon City 0IL# '("F$ Plaintiff$ Civil Case +o& 00??>> ! versus ! P#-E+ -F(-($ 0efendant& x !!!!!!!!!!!!!!!!!!!!!!!!! x *('I(+ ,(" P(-'P(+E*E+' PL#I+'I,,$ %y counsel$ respectfully states thatD .& 'his case is set for trial on ; *ay 200> at ?D30 in the morning&
718 2& (n said date and time$ the undersigned counsel will %e una%le to appear %efore this 4onora%le Court as he has also %een directed to appear on this date and time %efore the "egional 'rial Court of *a:ati City$ Branch .3 for OPeople of the Philippines v& Bil *o:oP$ Criminal Case +o& 00 ??$ where he is scheduled to terminate cross!examination of the prosecutionBs expert witness who will %e availa%le only on said date and time&

798 3& )ithout impugning the importance of these proceedings$ plaintiff respectfully su%mits that his attendance in the *a:ati case %ecomes indispensa%leG otherwise$ the accused in said case would %e deprived of the opportunity to confront and cross!examine a vital witness against her& 8& 'his motion is prompted only %y the foregoing reason and not for delay& 7:8 )4E"E,("E$ plaintiff respectfully prays that the trial scheduled on ; *ay 200> %e P(-'P(+E0 to another date convenient to this 4onora%le Court& @ueIon CityG .3 #pril 200>& 6-gd&7 *I'C4 *C0EE"E Counsel for the Plaintiff K#ddressL !L,S-

1. 7;8 "e5uest for and +otice of 4earing
2& 7<8 Proof of -ervice

.

F. #otion +or e3ten%ion o+ ti$e
"epu%lic of the Philippines +ational Capital /udicial "egion "E2I(+#L '"I#L C(U"' Branch 3 $ @ueIon City 0IL# '("F$ Plaintiff$ Civil Case +o& 00??>> ! versus ! P#-E+ -F(-($ 0efendant& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x *('I(+ ,(" EJ'E+-I(+ (, 'I*E PL#I+'I,,$ %y counsel$ respectfully states thatD .& 4e has %een directed to file a "eply to defendantBs #nswer %y .0 *ay 200>& 71 A 98 2& 'he undersigned counsel$ however$ anticipates his ina%ility to file the "eply on or %efore the said due date %ecause of the tremendous pressure of other e5ually urgent professional wor: re5uiring the preparation of pleadings and almost daily trial appearances %efore the various courts within and outside *etro *anila& ,or this reason$ the undersigned is constrained to as: for an additional fifteen 6.;7 days from .0 *ay 200>$ or until 2; *ay 200>$ within which to su%mit plaintiffBs "eply& 3& 'his motion is not intended for delay %ut is motivated only %y the foregoing reason& 7:8 )4E"E,("E$ plaintiff respectfully prays that he %e granted an additional fifteen 6.;7 days from .0 *ay 200>$ or until 2; *ay 200>$ within which to su%mit plaintiffBs "eply& @ueIon CityG .3 #pril 200>& 6-gd&7 *I'C4 *C0EE"E Counsel for Plaintiff K#ddressL !L,S.& 7;8 "e5uest for and +otice of 4earing 2& 7<8 Proof of -ervice

20

7. #otion to dec'are de+endant in de+au't
"epu%lic of the Philippines +ational Capital /udicial "egion "E2I(+#L '"I#L C(U"' Branch 3 $ @ueIon City #+#9I+ -9F)#L9E"$ Plaintiff$ Civil Case +o& 000 0 ! versus ! P#0*E #*I0#L#$ 0efendant& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x *('I(+ '( 0ECL#"E 0E,E+0#+' I+ 0E,#UL' PL#I+'I,,$ %y counsel$ respectfully states thatD .& Plaintiff filed this Complaint against defendant on . *arch 200>G summons were served on defendant on 20 *arch 200>$ as indicated %y the -heriffBs "eturn of even date$ a copy of which is attached as #++EJ #& 71 A 98 2& 0efendantBs reglementary period to file #nswer ended on ; #pril 200>G no motion for extension of such period was filed nor was any granted motu proprio %y this 4onora%le Court& 0espite the lapse of time$ defendant has failed to answer the Complaint against herG plaintiff is entitled to a declaration of default and the right to present evidence ex parte against defendant& 7:8 )4E"E,("E$ plaintiff respectfully prays that defendant %e declared in default and that plaintiff %e allowed to present evidence ex parte %efore the Cler: of Court acting as Commissioner& @ueIon CityG > #pril 200>& 6-gd&7 0#"'4 -I0I(UCounsel for Plaintiff K#ddressL !L,S-

1. 7;8 "e5uest for and +otice of 4earing
2& 7<8 Proof of -ervice

2.

. #otion to 'i+t order o+ de+au't
"epu%lic of the Philippines +ational Capital /udicial "egion "E2I(+#L '"I#L C(U"' Branch 3 $ @ueIon City #+#9I+ -9F)#L9E"$ Plaintiff$ Civil Case +o& 000 0 ! versus ! P#0*E #*I0#L#$ 0efendant& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x *('I(+ '( LI,' ("0E" (, 0E,#UL' 0E,E+0#+'$ %y counsel$ respectfully states thatD .& ,ive 6;7 days after service of summons and receipt of Complaint$ she filed a *otion to 0ismiss on the ground that plaintiffBs claim is outside the <urisdictional amount of this 4onora%le Court under the new Expanded /urisdiction #ct and that the Complaint should properly %e filed and tried %efore the *etropolitan 'rial Court& 'he *otion to 0ismiss$ which was received %y plaintiffBs counsel on 2; *arch 200>$ was set for hearing on .0 #pril 200>$ as indicated on the O"e5uest for and +otice of 4earingP& 2& )ithout waiting for the hearing on the *otion to 0ismiss$ this 4onora%le Court declared defendant in default on > #pril 200> %ased solely on plaintiffBs *otion$ filed two 627 days after the supposed lapse of the reglementary period$ which$ however$ was tolled %y the filing of a *otion to 0ismiss& 71 A 98 3& Under the circumstances$ the order of default is premature and without legal and factual %asis asD 6a7 defendant has not failed to file an #nswer within the reglementary period$ 6%7 the reglementary period has not lapsed %ecause of the filing of the *otion to 0ismiss within the period$ and 6c7 the pendency of the *otion to 0ismiss is pre<udicial to the issue of defendantBs default& Conse5uently$ the order of default should %e lifted& 7:8 )4E"E,("E$ defendant respectfully prays that the (rder of 0efault against her %e LI,'E0 and that this 4onora%le Court resolve her *otion to 0ismiss& @ueIon CityG ? #pril 200>& 6-gd&7 (BI )#+ 9E+(BI Counsel for 0efendant K#ddressL !L,S.& 7;8 "e5uest for and +otice of 4earing 2& 7<8 Proof of -ervice

22

E. S&ecia' Ci2i' Action% 1. Certiorari (with Injunction and/or TRO) !rohi"ition and #anda$u% a. Certiorari 6Caption and 'itle7 PE'I'I(+ PE'I'I(+E"$ %y counsel$ respectfully states thatD 798 .& 67tate capacity of petitioner and respondent!s, citi8enship, status and residence &7 2& 67tate the date on which copy of #ecision was received and!or "esolution on 2otion for "econsideration, if filed, denied.7 7:8 3& 67tate briefly the facts and circumstances under which the respondent!s e/ercising 9udicial functions acted without, or in e/cess of, 9urisdiction or with grave abuse of discretion amounting to lac: or e/cess of 9urisdiction.7 8& 67tate entitlement to In9unction and!or T" , i.e., [a$ petitioner has a clear, legal right, [b$ which is threatened by an act or omission of respondents, [c$ and that, unless restrained, will cause grave and irreparable in9ury to petitioner. (llege also that petitioner is ready to post a bond in an amount to be fi/ed by the %ourt conditioned upon the payment to respondents of any damages suffered arising from the writ should petitioner be found not to be entitled to the writ. 7 ;& 'here is no appeal from such decision or any plain or ade5uate speedy remedy in the ordinary course of law$ except this petition& =& # certified true copy 6or duplicate original copy7 of the 0ecision under review is attached as #++EJ #& 7;8 )4E"E,("E$ it is respectfully prayed that a writ of certiorari %e issued #++ULLI+2 the 6act$ decision or finding7 for %eing in grave a%use of discretionG in the interim$ that a preliminary in<unction andAor temporary restraining order issue to E+/(I+ any further proceedings %y respondents& @ueIon CityG 718 > /uly 200>& 6-gd&7 #''ICU- ,I+C4 Counsel for the Petitioner K#ddressL !L,S- 7<8 Com%ined 1erification$ Certification against ,orum -hopping$ and -tatement of *aterial 0ates Q "ule =;$ section =$ par& 2 expressly ma:es "ule ;=$ section 2 applica%le to petitions for certiorari$ mandamus and prohi%ition& "ule ;=$ section 2 provides that "ules 8=$ 8?$ 8 $ ;.$ ;2 and ;= apply& "ule 8=$ section 3 provides that the &etition $u%t "e acco$&anied not on'( "( a certi+ied true co&( o+ the jud.$ent or order 1ue%tioned "ut a'%o "( E%uch $ateria' &ortion% o+ the record a% are re+erred to therein and other docu$ent% re'e2ant or &ertinent thereto &P

23

b. !rohi"ition
6Caption and 'itle7 PE'I'I(+ PE'I'I(+E"$ %y counsel$ respectfully states thatD 798 .& 67tate capacity of petitioner and respondent!s, citi8enship, status and residence &7 2& 6If applica%le$ state the date on which copy of #ecision was received and!or "esolution on 2otion for "econsideration, if filed, denied.7 7:8 3& 67tate briefly the facts and circumstances under which the respondent!s whether e/ercising 9udicial or ministerial functions acted without, or in e/cess of, 9urisdiction or with grave abuse of discretion amounting to lac: or e/cess of 9urisdiction.7 8& 67tate entitlement to In9unction and!or T" , i.e., [a$ petitioner has a clear, legal right, [b$ which is threatened by an act or omission of respondents, [c$ and that, unless restrained, will cause grave and irreparable in9ury to petitioner. (llege also that petitioner is ready to post a bond in an amount to be fi/ed by the %ourt conditioned upon the payment to respondents of any damages suffered arising from the writ should petitioner be found not to be entitled to the writ. 7 ;& 'here is no appeal from such decision or any plain or ade5uate speedy remedy in the ordinary course of law$ except this petition& =& # certified true copy 6or duplicate original copy7 of the 0ecision under review is attached as #++EJ #& 7;8 )4E"E,("E$ it is respectfully prayed that an in<unction or '"( %e issued directing respondentAs to desist and refrain from further proceedings in the premises$ and that after due notice and hearing$ a writ of prohi%ition issue directing respondentAs to desist a%solute and perpetually from further proceedings 6in the said action or matter7& @ueIon CityG 718 > /uly 200>& 6-gd&7 #''ICU- ,I+C4 Counsel for the Petitioner K#ddressL !L,S- 7<8 Com%ined 1erification$ Certification against ,orum -hopping$ and -tatement of *aterial 0ates

28

1. #anda$u%
6Caption and title7 PE'I'I(+ PE'I'I(+E"$ %y counsel$ respectfully states thatD 798 .& -7tate the capacity of petitioner and respondent!s and their addresses. 7 7:8 2& 67tate the facts and circumstances whereby respondent!s unlawfully neglected the performance of an act which the law specifically en9oins as a duty resulting from an office, trust or station, or unlawfully e/cluded the petitioner from the en9oyment of a right or office to which the petitioner is entitled&7 3& Petitioner has no appeal from such decision or any plain or ade5uate speedy remedy in the ordinary course of law$ except this petition& 7;8 )4E"E,("E$ it is respectfully prayed that$ after due notice and hearing$ a writ of mandamus issue commanding respondentAs forthwith toD 6state the act re;uired to be done7$ with costs against them& @ueIon CityG 718 > /uly 200>& 6-gd&7 #''ICU- ,I+C4 Counsel for the Petitioner K#ddressL !L,S- 7<8 Com%ined 1erification$ Certification against ,orum -hopping$ and -tatement of *aterial 0ates

2;

9. Fuo warranto Inter&'eader Fuietin. o+ Tit'e and 0ec'arator( Re'ie+ a. Co$&'aint in Inter&'eader +#LI LI'($ Plaintiff$ -C# +o& EEEEEEEEEEEE ! versus ! U*# #2#) and I+# #2#)#+$ 0efendants& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x C(*PL#I+' PL#I+'I,,$ %y counsel$ respectfully states thatD 718 .& Plaintiff and defendants are all of legal ageG plaintiff resides at EEEEEEEEEEEEEEEE while defendants reside at EEEEEEEEEEEEEEE and EEEEEEEEEEEEEEE$ respectively$ where they may %e served with pertinent notices& 798 2& (n . /une 200>$ plaintiff found a 2old "olex (yster watch$ without :nowing who its true owner is& 'he watch is now in plaintiffBs possession& (n or a%out ; /une . $ defendants made similar representations to plaintiff as to ownership of the watch& 3& Plaintiff$ who claims no interest in the watch$ cannot determine the conflicting claims of defendants and thus see:s to compel defendants to interplead and litigate their several claims %etween themselves& 7:8 )4E"E,("E$ it is respectfully prayed that this 4onora%le Court issue an order directing defendants to interplead with one another to determine their respective rights and claims and to allow plaintiff to recover his expenses for safe:eeping and the costs of this suit$ as first lien upon the sub9ect matter of this action& 7;8 @ueIon CityG > /uly 200>&
7<8 6-gd&7 #''ICU- ,I+C4

Counsel for Plaintiff K#ddressL !L,S- 7=8 1erification and Certification against ,orum -hopping

2=

b. Action to Fuiet (or Re$o2e C'oud on) Tit'e
I+ "ED @UIE'I+2 (, 'I'LE (1E" '4E P"(PE"'F C(1E"E0 BF 'C' +(& .238; -C# +o& .3;> +#LI LI'($ as -pecial #dministrator of the Estate of the deceased 0#*I LUP#$ Petitioner$ U*# #2#)$ "espondent& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x PE'I'I(+ PE'I'I(+E"$ %y counsel$ respectfully states thatD 718 .& 4e is the special administrator of the estate of the deceased 0#*I LUP#& 798 2& 'he deceased$ during his lifetime$ executed a 0eed of -ale of real estate in favor of the respondent dated EEEEEEEEEEEEE$ and particularly descri%ed$ as followsD 60escri%e property7 covered %y 'C' +o& .238; in the "egister of 0eeds of *a:ati& 'he same is annotated on the title as the only encum%rance thereon& 3& 'he sale is fictitious and the 0eed of -ale is forged$ as shown %y a <udgment in Civil Case +o& 28=?$ a copy of which is attached& 8& 'he existence of the alleged 0eed of -ale is pre<udicial and in<urious to the title of the lawful heirs of the deceased upon the said property& E5uity demands that the said 0eed of -ale %e surrendered and cancelled$ as it is a cloud upon the title of the deceased and his lawful heirs& 7:8 )4E"E,("E$ petitioner respectfully prays that this 4onora%le Court render <udgment in the EstateBs favor %y ordering the 0eed of -ale surrendered and cancelled and the cloud on 'itle +o& .238; removed& 7;8 @ueIon CityG > /uly 200>& 7<8 6-gd&7 *I'C4 *C0EE"E Counsel for Petitioner K#ddressL !L,S- 7=8 1erification and Certification against ,orum -hopping

2>

1. Action +or 0ec'arator( Re'ie+
I+# #PI$ Plaintiff$ ! versus ! '4E CI'F C(U+CIL (, @UER(+ CI'F$ 0efendant& x !!!!!!!!!!!!!!!!!!!!!!!!!!! x C(*PL#I+' PL#I+'I,,$ %y counsel$ respectfully states thatD 718 .& Plaintiff is a ,ilipino citiIen of legal age and resident of @ueIon CityG defendant is the City Council of @ueIon City$ the duly!constituted legislative %ody for @ueIon City$ its mem%ers may %e served with notices at @ueIon City 4all& 798 2& (n . #ugust . $ defendant City Council passed (rdinance +o& 238; ma:ing it unlawful to operate cellular phone units while inside a moving vehicle and penaliIing any violations with a fine of P.$000&00 for each offense in addition to impounding of the cellular phone unit& 'he relevant portions of the (rdinance are$ as followsD 6@uote the relevant portions7 3& 'he a%ove!5uoted portion is am%iguous %ecause it leaves unfettered discretion to the authorities to stop even urgent and important calls which may %e made only while the person is in transit& It fails to consider that$ due to the worsening traffic conditions in *etro *anila$ ma<ority of %usiness is conducted in transit and over cellular phones& Plaintiff is a lawyer who fre5uently has to dictate important pleadings over the phone while in transit due to the worsening traffic condition& 'he (rdinance appears to %ar his doing so %ut plaintiff is unaware of the limits of permissi%le action under the (rdinance& 8& Unless declaratory relief is granted$ plaintiff will suffer grave and irrepara%le in<ury %ecause he is unsure of the instances when he may lawfully use his cellular phone while in a moving vehicle and when such use may lead to confiscation and a fine& 7:8 )4E"E,("E$ plaintiff respectfully prays that this 4onora%le Court grant declaratory relief and declare plaintiffBs rights and duties under the (rdinance& 7;8 @ueIon CityG > /uly 200>& 7<8 6-gd&7 #''ICU- ,I+C4 Counsel for Plaintiff K#ddressL !L,S- 7=8 1erification and Certification against ,orum -hopping Civil Case +o& 28=?

2?

d. Fuo Garranto
6Caption and title7 C(*PL#I+' PL#I+'I,,$ %y counsel$ respectfully states thatD 718 .& 67tate the capacity and address of both plaintiff and defendant. 7 798 2& 67tate fully and clearly the facts and circumstances showing that defendant is unlawfully occupying a public office and that plaintiff is entitled to hold the same office. 7 3& 67tate that plaintiff has demanded that defendant vacate said office and deliver it to plaintiff but that defendant has unlawfully refused to do so.1 7:8 )4E"E,("E$ plaintiff respectfully prays that a writ of 5uo warranto issue ousting and excluding defendant from occupying the office of EEEEEEEEEEEE and declare that plaintiff is entitled to the said office and that he %e placed forthwith in possession thereof& 7;8 @ueIon CityG > /uly 200>& 7<8 6-gd&7 #''ICU- ,I+C4 Counsel for the Plaintiff K#ddressL !L,S- 7=8 1erification and Certification against ,orum -hopping

2

III.

!LEA0IN/S AN0 OT6ER LE/AL FOR#S IN CRI#INAL !ROCE0,RE 6. Co$&'aintDA++ida2it and CounterDA++ida2it 1. Co$&'aintDA++ida2it 7 7 s&s& CO#!LAINTDAFFI0A*IT

"epu%lic of the Philippines City of *a:ati

718 I$ #A SELAN $ of legal age$ ,ilipino$ with assistance of counsel, and 798 resident of 8 Privet 0rive$ 'riple J 1illage$ *a:ati$ do here%y state under oath thatD .& I am a mem%er of the 'riple J 1illage 4omeownerBs #ssociation 6O#ssociationP7 and was formerly a 0irector and Corporate -ecretary of the #ssociation& 7:8 2& I accuse and here%y charge #R. #A IN/AH $ residing at ; Privet 0rive$ 'riple J 1illage$ *a:ati$ of violating #rticle 3;? of the "evised Penal Code 6-lander and (ral 0efamation7$ committed against me when he pu%licly$ maliciously and deli%erately uttered defamatory remar:s against me during the Board *eeting of the #ssociation on 2> /anuary 200>& 'his is attested to %y the following exchange that transpired %etween *r& Ingay and the other mem%ers of the Board in attendanceD 6@uote Exchange7 #ttached as ANNEI A is a copy of the official transcript of the meeting& 3& Prior resort to the Barangay conciliation system proved fruitless as *r& Ingay did not retract his remar:s& Conse5uently$ a OCertification to ,ile #ctionP was issued %y the Barangay Chairperson$ a copy of which is attached as ANNEI B& 8& 'here is no other person named O*a -elanP residing at 'riple J 1illage nor is there any other person named O*a -elanP who has acted as Board *em%er of the #ssociation& Conse5uently$ *r& IngayBs pu%lic and defamatory utterance was clearly a reference to me and to no other& ;& *r& *a IngayBs remar:s$ calling me a swindler twice over$ uttered in a pu%lic meeting are clearly insulting and defamatory as they malign me and attri%ute to me a criminal act$ nature and predisposition& 'here is$ moreover$ no dou%t that *r& IngayBs use of the word OswindledP was deli%erate as his explanation and clarification a few utterances thereafter would show& *r& IngayBs remar:s are also very serious as they cast aspersions on my reputation$ character and very person %efore my peers and fellow homeowners& =& *r& IngayBs remar:s have in<ured my name$ reputation and character %efore my neigh%ors and peers& )hile my name$ reputation and character are incapa%le of pecuniary estimation as these are the result of a lifetimeBs effort to %uild a name$ reputation and character that my children and their children can %e proud to %ear$ *r& Ingay cannot %e allowed to simply go scot!free without %earing the conse5uences of his acts& ,or this reason$ I a$ a'%o ho'din. #r. #a In.a( 'ia"'e ci2i''( +or de+a$in. $e in the a$ount o+ One #i''ion !e%o% (!1 BBB BBB.BB) in no$ina' da$a.e% Fi2e 6undred Thou%and !e%o% (!<BB BBB.BB) in $ora' da$a.e% and Fi2e 6undred Thou%and !e%o% (!<BB BBB.BB) in e3e$&'ar( da$a.e%& '( '4E '"U'4 (, '4E ,("E2(I+2$ I have signed this Complaint!#ffidavit on .3 #pril 200>& 7;8 6-gd&7 #A SELAN Complainant!#ffiant 7<8 -UB-C"IBE0 #+0 -)("+ '( BE,("E *E this .3th day of #pril 200>& 6-gd&7 Investigating Prosecutor 7=8 CERTIFICATION I 4E"EBF CE"'I,F '4#' I 4#1E PE"-(+#LLF EJ#*I+E0 '4E #,,I#+' #+0 #* -#'I-,IE0 '4#' 4E 1(LU+'#"ILF EJECU'E0 #+0 U+0E"-'((0 4I- #,,I0#1I'& 6-gd&7 Investigating Prosecutor

30

2. CounterDA++ida2it
"epu%lic of the Philippines City of *a:ati 7 s&s& 7 C(U+'E"!#,,I0#1I' "eD I&-& +o& .=.3 718 I$ #A LABO of legal age$ with assistance of counsel, do here%y state under oath thatD .& I am the Chief of -taff of the *ayor of @ueIon City$ and have %een occupying said post since his election to the post in . ?& In said capacity$ I am in charge of coordinating the day!to!day affairs and activities of his (ffice& 798 2& I recently learned that I have %een made a respondent in I&-& +o& .=.3$ a charge for estafa$ filed %y a certain #A /,LAN/ on . /anuary 200> %efore the (ffice of the City Prosecutor for @ueIon City& 3& 'he charge is %ased on a supposedly unpaid account for the purchase of seven 6>7 +extel phone units %y a *r& *#+22# 2#+'-( of the @ueIon City "escue and Environmental 0istress Unit$ which made the *ayor their 4onorary Chairman with no direct functionsG he has %een supporting their activities financially with voluntary contri%utions& 7:8 8& 'here is no truth to the allegations in *# 2UL#+2Bs complaint& 'here is no factual nor legal %asis to charge me with estafa& 'he Complaint must %e dismissed& 'o re%ut and contradict *# 2UL#+2Bs malicious lies$ I set forth the true circumstances leading to the transaction %elowD 8&.& -ometime last year$ *s& 2ulang called the office of the *ayor$ loo:ing for himG I informed her that he was not around& I too: a message from her saying that she was a friend of the *ayor and that she was selling +extel units and if we wanted to %uy units from her& I informed her that %oth the *ayor and I had our units alreadyG she then told me if the *ayor could refer her to prospective clients& )hen the *ayor arrived$ I relayed the message to him& 8&2& @uite coincidentally$ *r& 2antso had called the *ayor as:ing if he could assist in securing +extel units& 'he *ayor as:ed me to call *s& 2ulang& *r& 2antso and *s& 2ulang were a%le to meet$ as a result& 8&3& (n that day$ *s& 2ulang %rought the units to the *ayorBs (fficeG she met with *r& 2antso inside the *ayorBs office& 'hey transacted %usiness inside the *ayorBs (ffice and only passed %y my office on their way out& 8&8& -ome time after that$ *s& 2ulang phoned me and told me that *r& 2antso had not paid her the amount of P..$000&00 for the units& -omewhat em%arrassed %y this$ I called *r& 2antso and told him to pay *s& 2ulangG he assured me that he would pay her %ut that he <ust needed to collect money from the rest of the group& 8&;& #fter persistent calls from *s& 2ulang telling me that *r& 2antso had not yet paid$ I gave her the telephone num%er of 2antso so that she could <ust call him directly& But even then$ I would still get calls from *s& 2ulangG and when she started to get angry over the telephone$ I set up an appointment for *r& 2antso to meet with her at the (ffice& 8&=& 'hereafter$ I would still receive phone calls telling me that *r& 2antso had yet to payG I would follow up with *r& 2antso %ut he simply gave me this promise that he would pay& ;& It is utterly inexplica%le that *s& 2ulang would hold me lia%le for estafa when all that I did was to refer *s& 2ulang to *r& 2antsoG to a certain extent$ I even exerted my %est efforts to see that *s& 2ulang was paid due simply to my great em%arrassment at the prospect of %eing accused of referring a person who does not :now how to pay for an o%ligation& =& ,or this reason$ it is certainly incomprehensi%le that I should stand accused of estafa %y *s& 2ulang& I &er+or$ed no act o+ deceit or +raud a.ain%t her in orderin. the unit%. I &er+or$ed NO ACT that e2en re$ote'( re%e$"'e% ANH o+ the act% &uni%hed under Artic'e :1< & If at all$ any cause of action is PU"ELF CI1IL in nature and that lia%ility does not pertain to my personal account in the a%sence of a showing that I %enefited from the +extel units 6which *s& 2ulang does not even allege and cannot prove7G any civil lia%ility should pertain to the (ffice of the *ayor$ not to me& >& Considering the foregoing$ I respectfully su%mit that there is no prima facie %asis to conclude that the crime of Estafa or that any crime at all has %een committed& 'he Complaint against me should$ thus$ %e dismissed& '( '4E '"U'4 (, '4E ,("E2(I+2$ I have signed this -tatement on 3 ,e%ruary 200>&

3.

7;8 6-gd&7 *# L#B( #ffiant !L,S.& 7<8 1erification 2& 7=8 Certification

32

'. In+or$ation and Co$&'aint
1. In+or$ation (with Certi+icate o+ !re'i$inar( In2e%ti.ation or In1ue%t) a. Bi.a$( 6Caption7 PE(PLE (, '4E P4ILIPPI+E-$ Plaintiff$ ! versus ! PI 9U'I+$ #ccused& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x I+,("*#'I(+ 'he Undersigned accuses PI 9U'I+ of the crime of Bigamy$ committed as followsD 'hat on or a%out 3 /uly 200=$ in the City of @ueIon and within the <urisdiction of this 4onora%le Court$ the said accused$ %eing then legally married to BIL *(9($ and without such marriage having %een legally dissolved and thus valid and existing$ did wilfully$ unlawfully and felicitously contract a second marriage with #-# )# in the City of @ueIon& C(+'"#"F '( L#)& ELLI(' +E-#ssistant City Prosecutor CE"'I,IC#'E (, P"ELI*I+#"F I+1E-'I2#'I(+ I here%y certify that a preliminary investigation in this case was conducted %y me in accordance with lawG that I examined the Complainant and her witnessesG that there is reasona%le ground to %elieve that the offense charged had %een committed and that the accused is pro%a%ly guilty thereofG that the accused was informed of the Complaint and of the evidence su%mitted against him and was given the opportunity to su%mit controverting evidenceG and that the filing of this Information is with the prior authority and approval of the City Prosecutor& ELLI(' +E-#ssistant City Prosecutor -UB-C"IBE0 #+0 -)("+ '( BE,("E *E this #L C#P(+E City Prosecutor Bail "ecommendedD P.0$000&00
th

Criminal Case +o& 00;=> ,orD Bigamy

day of #ugust 200= in @ueIon City&

33

b. The+t
6Caption7 PE(PLE (, '4E P4ILIPPI+E-$ Plaintiff$ ! versus ! 9LEP'( *#+I#C$ #ccused& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x I+,("*#'I(+ 'he Undersigned accuses 9LEP'( *#+I#C of the crime of 'heft$ committed as followsD 'hat on or a%out 3 /uly 200=$ in the City of @ueIon and within the <urisdiction of this 4onora%le Court$ the said accused$ then .. years old and without any :nown address$ willfully$ unlawfully and feloniously$ with intent to gain$ without force upon things or violence upon persons and without the :nowledge and consent of *# #L#4#-$ the owner$ too: a gold nec:lace studded with diamonds valued at (ne 4undred 'housand Pesos 6P.00$000&007 to the pre<udice of said owner& C(+'"#"F '( L#)& ELLI(' +E-#ssistant City Prosecutor CE"'I,IC#'I(+ #- '( C(+0UC' (, I+@UE-' I here%y certify that the accused was lawfully arrested without a warrant and that$ upon %eing informed of his rights$ refused to waive the provisions of #rticle .2; of the "evised Penal Code and$ for this reason$ an In5uest was conductedG that %ased on the complaint and the evidence presented %efore me without any countervailing evidence su%mitted %y the accused$ despite opportunity to do so$ there is reasona%le ground to %elieve that the accused has committed the crime of theft and should$ thus$ %e held for said crimeG that this Information was with the prior authority of the City Prosecutor& ELLI(' +E-#ssistant City Prosecutor -UB-C"IBE0 #+0 -)("+ '( BE,("E *E this #L C#P(+E City Prosecutor
th

Criminal Case +o& 00;=> ,orD 'heft

of #ugust 200= in @ueIon City&

38

1. Atte$&ted Ra&e
6Caption7 PE(PLE (, '4E P4ILIPPI+E-$ Plaintiff$ ! versus ! *#EL -I#$ #ccused& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x I+,("*#'I(+ 'he undersigned accuses *#EL -I# of attempted rape committed as followsD 'hat on or a%out = /une 200;$ in @ueIon City$ the accused did then and there wilfully$ unlawfully and feloniously enter the house of -E9 -EE$ a married woman$ and finding that her hus%and was away$ with lewd designs and %y means of force and intimidation$ commenced directly %y overt acts to commit the crime of attempted rape upon her person$ to witD while -E9 -EE was coo:ing lunch$ the accused seiIed her from %ehind$ threw her to the floor$ raised her s:irt$ pulled down her underwear and attempted to penetrate her with his sexual organ and would have succeeded in doing so had not her loud protests and vigorous resistance %rought her neigh%ors to her assistance$ causing the accused to flee from the premises without completing all the acts of execution& C(+'"#"F '( L#) with the aggravating circumstance of dwelling& ELLI(' +E-#ssistant City Prosecutor !L,S- Certification of Preliminary Investigation or In5uest Criminal Case +o& 00;=> ,orD #ttempted "ape

3;

d. Fru%trated #urder
6Caption7 PE(PLE (, '4E P4ILIPPI+E-$ Plaintiff$ ! versus ! *#*# *#'#F$ #ccused& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x I+,("*#'I(+ 'he undersigned accuses *#*# *#'#F of frustrated murder committed as followsD 'hat on or a%out 2. #ugust 200=$ in @ueIon City$ the accused did then and there ta:e a loaded &88 Cali%er *agnum pistol$ directly aim the same firearm at the person of 1IC 'I*#$ an invalid septuagenarian$ and$ at point %lan: range$ with intent to :ill$ discharge the firearm twice against the person of said 1ic 'ima$ inflicting on said 1ic 'ima two 627 wounds on his chest and stomach$ which wounds would have %een fatal had not timely medical assistance %een rendered to the said 1ic 'ima& C(+'"#"F '( L#) with the aggravating circumstances of Evident Premeditation$ use of firearm and disregard of age& 6-gd&7 ELLI(' +E-#ssistant City Prosecutor !L,S- Certification of Preliminary Investigation or In5uest Criminal Case +o& 00;=> ,orD ,rustrated *urder

3=

C. #otion% 1. #otion to Fua%h In+or$ation 718 "epu%lic of the Philippines +ational Capital /udicial "egion "E2I(+#L '"I#L C(U"' Branch 0$ @ueIon City PE(PLE (, '4E P4ILIPPI+E-$ Plaintiff$ ! versus ! 9LEP'( *#+I#C$ #ccused& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x *('I(+ '( @U#-4 798 '4E #CCU-E0$ %y counsel$ respectfully moves to 5uash the Information for the crime of theft on the followingD 7:8 2"(U+0.& I' C(+'#I+- #1E"*E+'- )4IC4$ I, '"UE$ )(UL0 C(+-'I'U'E # LE2#L /U-'I,IC#'I(+G 2& '4I- C(U"' I- )I'4(U' /U"I-0IC'I(+& In support$ the accused respectfully states thatD #"2U*E+' 'he Information alleges that the accused 9LEP'( *#+I#C is eleven 6..7 years old and without any :nown address& Under #rticle .2$ paragraph 3 of the "evised Penal Code$ a person over nine years of age and under fifteen$ unless he acted with discernment$ is exempt from criminal lia%ility& 'here is no allegation that the accused acted with discernment& Even granting said discernment$ the accused cannot %e tried %ut instead proceeded against under #rticle ?0 of the "evised Penal Code$ which provides that a minor$ unless sixteen years of age at the time of the commission of a grave or less grave felony$ cannot %e tried %ut instead shall have the %enefit of a suspension of all proceedings against him& 'he duty of the court would %e to commit the minor to the custody or care of a pu%lic or private %enevolent or charita%le institution for the care and education of homeless and delin5uent children or to the custody of the 0epartment of -ocial )or: and 0evelopment& 7;8 )4E"E,("E$ it is respectfully prayed that the Information against the accused %e @U#-4E0 and that the accused %e released immediately from detention& 7<8 @ueIon CityG > /uly 200>& 7=8 6-gd&7 *I'C4 *C0EE"E Counsel for the #ccused K#ddressL !L,S.& 7>8 "e5uest for and +otice of 4earing 2& 7?8 Proof of -ervice Criminal Case +o& 00;=> ,orD 'heft

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2. #otion to Fua%h Search Garrant
718 6Caption7 PE(PLE (, '4E P4ILIPPI+E-$ Plaintiff$ ! versus ! 1I2 C4#+$ #ccused& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x *('I(+ '( @U#-4 -E#"C4 )#""#+' 'he #CCU-E0$ %y counsel$ respectfully moves for the 5uashal of -earch )arrant +o& ..22 issued %y this 4onora%le Court on and dated .2 /uly 200= %ased on the following considerationsD 798 .& "ule .2=$ -ec& .0 or the "evised "ules of Court provides expressly that a search warrant shall %e valid for ten 6.07 days from its date and that thereafter$ it shall %e void& 2& -earch )arrant +o& ..22 is dated .2 /uly 200=& It was served on the accused on 23 /uly 200=$ the ..th day from its dateG this is certified to %y the -worn Inventory and "eturn executed %y *a<or #lang #lam$ the leader of the searching team 6a copy of which is already part of the records7& # search was made on the same day$ 23 /uly 200=G pursuant to said search$ certain o%<ects were seiIed and delivered to the court& Under the law$ the -earch )arrant is void and must$ thus$ %e 5uashed& 7:8 )4E"E,("E$ it is respectfully prayed that -earch )arrant +o& ..22 %e @U#-4E0 and all o%<ects seiIed under its purported authority %e declared I+#0*I--IBLE under the exclusionary rule in #rticle III$ -ection 3627 in relation to section 2 of the . ?> Constitution& 7;8 @ueIon CityG 2; /uly 200=& 7<8 6-gd&7 *# '#P#+2 Counsel for #ccused K#ddressL !L,S.& 7=8 "e5uest for and +otice of 4earing 2& 7>8 Proof of -ervice Criminal Case +o& 00022 ,orD Li%el

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;. #otion to Su&&re%% E2idence
718 6Caption7 PE(PLE (, '4E P4ILIPPI+E-$ Plaintiff$ ! versus ! 1I2 C4#+$ #ccused& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x *('I(+ '( -UPP"E-- E1I0E+CE U+L#),ULLF -EIRE0 'he #CCU-E0$ %y counsel$ respectfully moves for the suppression of o%<ects seiIed on 23 /uly 200=$ pursuant to -earch )arrant +o& ..22 issued %y this 4onora%le Court dated .2 /uly 200=$ %ased on the following considerationsD 798 .& -earch )arrant +o& ..22 was served on the ..th day and is$ thus$ void& 2& 'he motor vehicle seiIed does not fall within the property that may lawfully %e seiIed& 0iscussion K.L -earch )arrant +o& ..22 was served on the ..th day and is$ thus$ void& .& "ule .2=$ -ec& .0 of the "evised "ules of Court provides expressly that a search warrant shall %e valid for ten 6.07 days from its date and that thereafter$ it shall %e void& 2& -earch )arrant +o& ..22 is dated .2 /uly 200=& It was served on the accused on 23 /uly 200=$ the ..th day from its dateG this is certified to %y the -worn Inventory and "eturn executed %y *a<or #lang #lam$ the leader of the searching team 6a copy of which is already part of the records7& # search was made on the same day$ 23 /uly 200=G pursuant to said search$ certain o%<ects were seiIed and delivered to the court& Under the law$ the -earch )arrant is void& 3& +o valid seiIure may %e made under a void warrant& ,or this reason$ the following o%<ects must %e suppressedD Klist itemsL K2L 'he motor vehicle seiIed does not fall within the property that may lawfully %e seiIed& 8& (n the occasion of the search$ the searching party also OseiIedP accusedBs green /aguar J/E with license plate$ O+o& .S$ allegedly for %eing su%<ect of the offense& 'hereafter$ it was impounded and :ept at the P+P *otor Pool& ;& 'he motor vehicle cannot %e su%<ect of the offense as accused is charged with li%el& 'here is no relation %etween the motor vehicle and li%el& =& *oreover$ the motor vehicle is not mala prohi%ita that would <ustify a seiIure thereofG neither could there %e a seiIure of evidence in plain view& 7:8 )4E"E,("E$ it is respectfully prayed that all o%<ects seiIed under the void -earch )arrant +o& ..22 %e declared I+#0*I--IBLE under the exclusionary rule in #rticle III$ section 3627 in relation to -ection 2 of the . ?> Constitution& ,urthermore$ it is prayed that the 2reen /aguar J/E with license plate O+o& .S %e immediately returned to the accused& 7;8 @ueIon CityG 2; /uly 200=& 7<8 6-gd&7 *# '#P#+2 Counsel for #ccused K#ddressL !L,S.& 7=8 "e5uest for and +otice of 4earing 2& 7>8 Proof of -ervice Criminal Case +o& 00022 ,orD Li%el

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>. #otion +or Bai'
718 6Caption7 PE(PLE (, '4E P4ILIPPI+E-$ Plaintiff$ ! versus ! +#9# PII'$ #ccused& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x *('I(+ ,(" B#IL 798 '4E #CCU-E0$ %y counsel$ respectfully moves to %e allowed %ail on the ground that the 7:8 prosecutionBs evidence of his guilt is not strong& In support$ he respectfully su%mits the followingD .& 'he Information alleges that he raped the private complainant on 2; 0ecem%er 200; at his residence in @ueIon City& 'he prosecutionBs own evidence$ however$ %elies this allegation asD 6a7 the medical certificate 6attached as #++EJ # to the Information7 states that private complainant is in a virgin state with no physical and outward signs of traumaG 6%7 the medical certificate issued %y the +BI doctor 6attached as #++EJ B to the Information7 after a physical examination of the accused$ two 627 days after the alleged rape$ shows that he is suffering from erectile dysfunction and has %een so afflicted for close to five 6;7 years now and 6c7 the sworn statements of the private complainant conflict with and contradict each other such that her credi%ility must %e placed in dou%t& 2& ,or these reasons$ there is no %asis to conclude that the accused raped the private complainant as there is less than circumstantial evidence of this fact& 4e is$ thus$ entitled to %ail as a matter of right& )4E"E,("E$ it is respectfully prayed that the accused %e grantedD 6.7 a %ail hearing$ during which the prosecution should %e directed to present its evidence to show the strength of its evidence of the accusedBs guilt$ and 627 thereafter$ grant the accused reasona%le %ail& (ther <ust and e5uita%le reliefs are also prayed for& @ueIon CityG > /uly 200>& 6-gd&7 *I'C4 *C0EE"E Counsel for the #ccused K#ddressL !L,S- "e5uest for and +otice of 4earing Criminal Case +o& 00;=> ,orD *urder

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D. A&&'ication +or Bai'
718 6Caption7 PE(PLE (, '4E P4ILIPPI+E-$ Plaintiff$ ! versus ! "ECF 0I1I-'$ #ccused& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x #PPLIC#'I(+ ,(" P"(B#'I(+ '4E #CCU-E0$ %y counsel$ respectfully applies for pro%ation pursuant to the provisions of Presidential 0ecree +o& =?$ as amended& In support of this application$ the accused respectfully su%mits the followingD .& #ccused!applicant is of legal age and currently gainfully employed at #-+ Broadcasting Corporation located at 'imog #venue$ @ueIon City& (n 23 ,e%ruary 200>$ she pleaded OguiltyP to the offense charged hereinG conse5uently$ this 4onora%le Court in its (rder dated ? *arch 200> sentenced accused!applicant to an indeterminate penalty ranging from three 637 years to five 6;7 years of prision correccional& 798 2& #ccused!applicant hum%ly su%mits that she possesses all the 5ualifications and none of the dis5ualifications enumerated under section 2 of Presidential 0ecree +o& =?$ specificallyD 2&.& -he has not %een convicted of any crime against national security or pu%lic orderG 2&2& -he has not %een previously convicted %y final <udgment of an offense punisha%le %y imprisonment of not less than one 6.7 month and one 6.7 day andAor a fine of not less than 'wo 4undred Pesos 6P200&007G 2&3& -he has not previously applied for nor had %een previously placed under pro%ation under Presidential 0ecree +o& =?& 2&8& -he has not started to serve her sentence and$ to date$ has not filed any +otice of #ppeal from the (rder of conviction& 3 ,inally$ granting this application will not in any way depreciate the seriousness of the offense charged nor cause any undue ris: that during the period of pro%ation$ accused!applicant will commit another crime& *oreover$ accused!applicant does not need any correctional treatment re5uiring commitment to an institution& 7:8 )4E"E,("E$ accused!applicant respectfully prays that her application for pro%ation %e 2"#+'E0 and that she %e placed under pro%ation under such terms and conditions necessary to attain and ensure the o%<ectives of the law and which$ under the circumstances$ are fair$ <ust and reasona%le in the sound discretion of this 4onora%le Court& @ueIon City for Pasig CityG .2 *arch 200>& 6-gd&7 #''ICU- ,I+C4 Counsel for #ccused K#ddressL !L,S.& 7;8 1erification 2& 7<8 "e5uest for and +otice of 4earing Criminal Case +o& ..8?>?

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!LEA0IN/S AN0 OT6ER LE/AL 0OC,#ENTS CO##ON TO CI*IL AN0 CRI#INAL !ROCE0,RE A. O++er o+ E2idence and O&&o%ition/Co$$ent to O++er 1. For$a' O++er o+ E2idence "epu%lic of the Philippines +ational Capital /udicial "egion "E2I(+#L '"I#L C(U"' Branch 0$ @ueIon City

PE(PLE (, '4E P4ILIPPI+E-$ Plaintiff$ Criminal Case +o& 0000.. ! versus ! "ECF 0I1I-'$ #ccused& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x ,("*#L (,,E" (, E1I0E+CE '4E P"(-ECU'I(+$ %y the undersigned pu%lic and private prosecutors$ respectfully offer their documentary exhi%its in support of their case!in!chiefD .& Exhi%it #$ the sworn statement of T#lang 9aso$ the private complainant$ and Exhi%it #!.$ his signatureCto prove that on the date and time stated in the affidavit$ the accused issued a post!dated chec: in the amount of (ne *illion Pesos 6P.$000$000&007 which$ on presentment for payment$ was dishonored for lac: of insufficient fundsG to prove authorship and the authenticity of the sworn statementG and as part of the testimony of the private complainant& 2& Exhi%it B$ the post!dated chec: dated 30 /une 2008$ issued %y the accused in the amount of (ne *illion Pesos 6P.$000$000&007G Exhi%it B!.$ the dorsal side of the chec: with notation O0#I,PG Exhi%it B!2$ the signature of accused on face of the chec:Cto prove the issuance of the chec:$ the amount stated$ the reason for dishonor and the identity of the issuer& 'he mar:ed copies of Exhi%its # and B are already part of the record& )4E"E,("E$ the prosecution respectfully prays that the foregoing Exhi%its %e #0*I''E0 as proof of the facts therein stated and in support of its case!in!chief and for all other relevant purposes& @ueIon CityG > /uly 200>& ELLI(' +E-Pu%lic Prosecutor Copy furnishedD *I'C4 *C0EE"E Counsel for #ccused #''ICU- ,I+C4 Private Prosecutor

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9. Co$$ent/O&&o%ition to O++er PE(PLE (, '4E P4ILIPPI+E-$ Plaintiff$ Criminal Case +o& 0000.. ! versus ! "ECF 0I1I-'$ #ccused& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x C(**E+' (+ '4E P"(-ECU'I(+B,("*#L (,,E" (, E1I0E+CE '4E #CCU-E0$ %y counsel$ respectfully oppose the ProsecutionBs (ffer of Evidence for the following reasonsD .& Exhi%it #$ the sworn statement of T#lang 9aso$ the private complainant$ and Exhi%it #!.$ his signature are I+#0*I--IBLE %ecause the private complainant was never presented to authenticate the document or su%<ected to cross!examination$ thus$ the document is hearsay and inadmissi%le& 2& Exhi%it B$ the post!dated chec: dated 30 /une 2008$ issued %y the accused in the amount of (ne *illion Pesos 6P.$000$000&007G Exhi%it B!.$ the dorsal side of the chec: with notation O0#I,PG Exhi%it B!2$ the signature of accused on face of the chec: are I+#0*I--IBLE for violation of the Best Evidence "ule as the original chec: was never presentedG and no %asis for the presentation of secondary evidence laid& #CC("0I+2LF$ the #CCU-E0 respectfully su%mits that the ProsecutionBs Exhi%its are I+#0*I--IBLE and must$ thus$ %e EJCLU0E0& @ueIon CityG > /uly 200>& 6-gd&7 *I'C4 *C0EE"E Counsel for the #ccused K#ddressL Copy furnishedD ELLI(' +E-Pu%lic Prosecutor #''ICU- ,I+C4 Private Prosecutor

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B. 0e$urrer to the E2idence 1. Cri$ina' ca%e% 6Caption7 PE(PLE (, '4E P4ILIPPI+E-$ Plaintiff$ ! versus ! #+#9I+ -9F)#L9E"$ #ccused& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x 0E*U""E" '( '4E P"(-ECU'I(+B- E1I0E+CE '4E #CCU-E0$ %y counsel$ with leave of court previously obtained $ respectfully su%mits this 0emurrer to the ProsecutionBs Evidence on the ground that the prosecution has failed to adduce sufficient evidence of his guilt to overcome the presumption of innocence and shift the %urden of proofD .& Under the Constitution$ the accused is presumed to %e innocent until proven guilty& 'he effect of this presumption is that it entitles the accused to not say anything in his defense and places the %urden directly on the prosecution to prove everything relative to his guilt& 'hus$ the prosecution must rely on the strength of its evidence and not wait for the accused to offer any defense& It is only in the event that the prosecution$ after resting its case$ has adduced sufficient evidence of guilt that the %urden of proof shifts to the accused& 2& 'he prosecution has failed to adduce sufficient evidence of guilt such as would shift the %urden of proof& 2&.& 'he accused is charged with violation of P0 .?==G the gravamen of the offense is unauthoriIed possession of a firearm& Concretely$ this means that the prosecution must prove that the accused had no legal authority to possess any firearm& 2&2& 'he prosecution has failed to show that the accused had no license to carry a firearm& 'he proof of the negative element is indispensa%le to proof of a violation of P0 .?==& )ithout proof of this negative element$ the crime is not proven& 3& #%sent proof of the negative element$ i&e&$ a%sence of a license$ the offense is not proven& 'he accused is innocentG he must$ thus$ %e ac5uitted& )4E"E,("E$ the accused respectfully prays that the Information against him %e 0I-*I--E0 and that he %e #C@UI''E0 of the crime charged& @ueIon CityG .3 #pril 200>& 0#"'4 -I0I(UCounsel for the #ccused K#ddressL !L,S- "e5uest for and +otice of 4earing Criminal Case +o& 00> ,orD 1iolation of P0 .?==

88

9. Ci2i' ca%e% 6Caption7 #+#9I+ -9F)#L9E"$ Plaintiff$ Civil Case +o& 000 0 ! versus ! P#0*E #*I0#L#$ 0efendant& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x 0E*U""E" '( '4E E1I0E+CE 0E,E+0#+'$ %y counsel$ with leave of court previously sought and granted $ respectfully su%mits this 0emurrer to the Evidence %ecause plaintiff has failed to prove entitlement to his claims %y a preponderance of evidenceD .& 'his action see:s to collect a sum of money arising from a contract& 2& Plaintiff$ after resting his case$ has failed toD 6a7 prove the authenticity of the contract$ 6%7 the extent of the o%ligation under the contract$ 6c7 the demanda%ility of the o%ligation under the contract and 6d7 defendantBs lia%ility for the o%ligation and damages& 3& Conse5uently$ plaintiff has failed to prove his claims %y a preponderance of evidence and defendant is entitled to a dismissal of the Complaint against her& )4E"E,("E$ defendant respectfully prays that the Complaint against her %e 0I-*I--E0& @ueIon CityG .3 #pril 200>& 6-gd&7 (BI )#+ 9E+(BI Counsel for 0efendant K#ddressL !L,S- "e5uest for and +otice of 4earing

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5. Notice o+ Li% !enden%
"epu%lic of the Philippines 8th /udicial "egion "E2I(+#L '"I#L C(U"' Branch >.$ #ntipolo 0#*I LUP#$ Plaintiff$ ! versus ! #L#+2 LUP#$ 0efendant& x !!!!!!!!!!!!!!!!!!!!!!! x +('ICE (, LI- PE+0E+'4E "E2I-'E" (, 0EE0#ntipolo City$ "iIal Province Please ta:e notice that a parcel of land covered %y 'C' +o .238 located in #ntipolo$ "iIalG registered in the name of defendant is the su%<ect matter of an action for reconveyance of an undivided one!sixth portion thereof filed %y 0#*I LUP#$ a%ove!named plaintiff& #ccordingly$ please record this notice on the title& "E-PEC',ULLF -UB*I''E0& @ueIon CityG .3 #pril 200>& 6-gd&7 #''ICU- ,I+C4 Counsel for Plaintiff K#ddressL Copy furnishedD *I'C4 *C0EE"E$ Es5& Counsel for 0efendant Civil Case +o& 00> ,orD "econveyance

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D. A&&earance a% Coun%e'
"epu%lic of the Philippines "E2I(+#L '"I#L C(U"' +ational Capital /udicial "egion Branch .0.$ @ueIon City #+#9I+ -9F)#L9E"$ Plaintiff$ ! versus ! P#0*E #*I0#L#$ 0efendant& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x E+'"F (, #PPE#"#+CE '4E B"#+C4 CLE"9 (, C(U"' "egional 'rial Court Branch .0.$ @ueIon City Please enter the appearance of the undersigned as counsel for defendant Padme #midala$ with her express conformity as indicated %elow$ in this case& 4enceforth :indly address all pertinent notices to the undersigned at the address given %elow& "E-PEC',ULLF -UB*I''E0& @ueIon CityG .3 #pril 200>& 6-gd&7 (BI )#+ 9E+(BI +o& .$ ImIadi Place 'atooine$ Pasig City )I'4 *F C(+,("*I'FD 6-gd&7 P#0*E #*I0#L# Copy furnishedD 0#"'4 -I0I(UCivil Case +o& .3;> ,orD Legal -eparation

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E. Githdrawa' a% Coun%e' 1. Githdrawa' a% Coun%e' 6Caption7 #+#9I+ -9F)#L9E"$ Plaintiff$ ! versus ! P#0*E #*I0#L#$ 0efendant& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x )I'40"#)#L (, #PPE#"#+CE '4E B"#+C4 CLE"9 (, C(U"' "egional 'rial Court Branch .0.$ @ueIon City Please ma:e of record the )I'40"#)#L of the undersigned as counsel for plaintiff #+#9I+ -9F)#L9E"$ with his express conformity as indicated %elow$ in this case& 4enceforth :indly address all pertinent notices to plaintiff at his address given in the Complaint& "E-PEC',ULLF -UB*I''E0& @ueIon CityG > /uly 200>& 6-gd&7 *#CE )I+0U . Imperial Palace$ Cloud City$ Pasig City )I'4 *F C(+,("*I'FD 6-gd&7 #+#9I+ -9F)#L9E" 9. Githdrawa' a% Coun%e' GIT6O,T con+or$it( o+ c'ient 6Caption7 #+#9I+ -9F)#L9E"$ Plaintiff$ ! versus ! P#0*E #*I0#L#$ 0efendant& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x )I'40"#)#L (, #PPE#"#+CE '4E B"#+C4 CLE"9 (, C(U"' "egional 'rial Court Branch .0.$ @ueIon City Please ma:e of record the )I'40"#)#L of the undersigned as counsel for plaintiff #+#9I+ -9F)#L9E" due to irreconcilable professional differences with plaintiff, for which reason the express conformity of plaintiff cannot be obtained& 4enceforth :indly address all pertinent notices to plaintiff at his address given in the Complaint& "E-PEC',ULLF -UB*I''E0& @ueIon CityG > /uly 200>& 6-gd&7 *#CE )I+0U . Imperial Palace$ Cloud City$ Pasig City Civil Case +o& .3;> ,orD Legal -eparation Civil Case +o& .3;> ,orD Legal -eparation

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F. Su"%titution o+ Coun%e' 6Caption7 #+#9I+ -9F)#L9E"$ Plaintiff$ ! versus ! P#0*E #*I0#L#$ 0efendant& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x -UB-'I'U'I(+ (, C(U+-EL '4E U+0E"-I2+E0 respectfully enters his appearance as counsel for defendant Padme #midala in su%stitution of former counsel 0arth *aul$ as shown %y her express conformity %elow& 4enceforth$ :indly address all pertinent notices to the undersigned at the address given %elow& "E-PEC',ULLF -UB*I''E0& @ueIon CityG > /uly 200>& (BI )#+ 9E+(BI Counsel for 0efendant 2 Corruscant Place 'atooine "oad$ Pasig City )I'4 *F C(+,("*I'FD 6-gd&7 P#0*E #*I0#L# Civil Case +o& .3;> ,orD Legal -eparation

&. Notice o+ A&&ea'
"epu%lic of the Philippines +ational Capital /udicial "egion RE/IONAL TRIAL CO,RT Branch .$ *anila '#L( +#+$ Plaintiff$ Civil Case +o& 00222 ! versus ! P#+# L($ 0efendant& x!!!!!!!!!!!!!!!!!!!!!!!!! x +('ICE (, #PPE#L PL#I+'I,,$ %y counsel$ respectfully appeals to the Court of #ppeals the 0ecision of this 4onora%le Court dated = /uly 200=$ a copy of which he received on .= /uly 200=$ for %eing contrary to law and the evidence presented& @ueIon City for *anilaG .> /uly 200=& 6-gd&7 #''ICU- ,I+C4 Counsel for Plaintiff K#ddressL Copy furnishedD *I'C4 *C0EE"E Counsel for 0efendant

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!LEA0IN/S AN0 LE/AL 0OC,#ENTS ON 0O#ESTIC CASES AN0 S!ECIAL !ROCEE0IN/S 6. !etition +or 6a"ea% Cor&u% "epu%lic of the Philippines +ational Capital /udicial "egion "E2I(+#L '"I#L C(U"' Branch . .$ *a:ati

I+ "ED PE'I'I(+ ,(" 4#BE#C("PU- (, '4E *I+("- LU9E #+0 LEI# -9F)#L9E" -P +o& ...338 P#0*E #*I0#L#$ Petitioner& #+#9I+ -9F)#L9E"$ "espondent& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x PE'I'I(+ PE'I'I(+E"$ %y counsel$ respectfully states thatD .& Petitioner is the mother of the minors Lu:e and Leia -:ywal:er$ who were %orn out of the valid marriage %etween petitioner and respondent #na:in -:ywal:er& 2& 'he marriage failed and petitioner has %een living separately from respondent since 2008& -ometime in ,e%ruary 200>$ respondent$ un:nown to petitioner$ a%ducted the minor children and has :ept them incommunicado and out of petitionerBs reach& 3& Being %elow seven 6>7 years of age$ custody of the minors is naturally presumed to %elong to petitioner$ as their mother& Conse5uently$ respondentBs refusal to allow petitioner to regain custody over the minors is unlawful and un<ustified& )4E"E,("E$ petitioner respectfully prays that a writ of ha%eas corpus issue directing respondent to ma:e a return showing his legal authority to detain the minor children$ su%<ect of this petition$ and thereafter$ present the minor children personally %efore the Court on a date and time it chooses& @ueIon CityG > /uly 200>& (BI )#+ 9E+(BI Counsel for Petitioner K#ddressL !L,S- 1erification and Certification against ,orum -hopping

;0

B. !etition +or Ado&tion I+ "ED PE'I'I(+ ,(" #0(P'I(+ (, #+#9I+ -9F)#L9E" -P +o& ...338 0#"'4 1#0E" and P#0*E #*I0#L#$ Petitioners& x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x PE'I'I(+ PE'I'I(+E"-$ %y counsel$ respectfully state thatD .& Petitioners are hus%and and wife$ %oth of legal age$ and residents of EEEEEEEEEE& 2& 'hey have no legitimate children of their own and desire to <ointly adopt a minor named #+#9I+ -9F)#L9E"$ .0 years old$ the legitimate child of EEEEEEEEEEEEEEEEE& 3& 'he parents of the minor are not insane$ intemperate and are in full possession of civil capacityG they have not a%andoned the minor child& )ith full :nowledge of petitionersB intention$ they have expressly given their written consent to the adoption$ as shown %y their statement$ a copy of which is attached as #++EJ #& 8& Petitioners are 5ualified to adopt the minor and are financially capa%le of supporting the minorG they are also morally 5ualified to %ring up and educate the said minor& )4E"E,("E$ it is respectfully prayed that <udgment %e rendered in petitionersB favor ad<udging the minor child #+#9I+ -9F)#L9E" freed from all legal o%ligations of o%edience and maintenance with respect to hisAher natural parents and that heAshe %e declared to all legal intents and purposes$ the child of herein petitioners and that hisAher surname %e changed to that of petitioners& @ueIon CityG > /uly 200>& 6-gd&7 *#-'E" F(0# K#ddressL !L,S- 1erification and Certification against ,orum -hopping

;.

5. !etition +or 0ec'aration o+ Nu''it( o+ #arria.e with A&&'ication +or !ro2i%iona' Order%
KCaption and 'itleL PE'I'I(+E"$ %y counsel$ respectfully states thatD .& Petitioner is a ,ilipino citiIen$ of legal age and married to respondent& ,or purposes of this petition$ she may %e served with notices and other pertinent processes through counsel at Kaddress of counselL& 2& "espondent is a ,ilipino citiIen$ of legal age$ currently employed at Kstate employerL and married to petitioner& 4e may %e served with summons and other pertinent orders and processes of this Court at Kstate addressL 3& Petitioner and respondent were married on KdateL and out of this marriage$ they have Kstate num%er of children$ respective agesL& # copy of the *arriage Contract executed %y petitioner and respondent is attached as ANNEI AG a copy each of the %irth certificates of the minor children is attached as ANNEI B C and 0$ respectively& 8& Petitioner and respondent are currently separated in fact and have %een so since *ay 200.& 'he reason for the continuing separation in fact is the %rea:down of the marriage due to %oth petitionerBs and respondentBs mutual psychological incapacity to fulfill and discharge their respective marital o%ligations to each other$ which existed at the time of the marriage in . ? %ut manifested itself well into the marriage ;& 'he mutual psychological incapacity of the parties to remain married to each other appears to %e incura%leG prior to this resort$ the parties had attempted formal and informal counseling sessions all of which proved unproductive as respondent proved resistant and$ at times$ even hostile to these efforts& =& In compliance with <urisdictional re5uirements$ petitioner su%mitted herself to a psychological and clinical assessment %y a trained professional$ Clinical Psychologist Kstate nameL& 0espite several attempts$ respondent refuses to agree to any so%er and productive discussion with petitioner and is always highly emotional and angry$ it was$ thus$ impractica%le to secure a psychological report and profile of respondentG should this %ecome material$ petitioner reserves the right to re5uest respondent to su%mit to a psychological examination for purposes of confirming the mutual psychological incapacity to remain married to each other& >& PetitionerBs psychological incapacity is descri%ed in clinical terms as %eing consistent with a 1=.&. Partner "elational Pro%lem and is said to have O*asochistic Personality 0isorderP or O30.& Personality 0isorder +ot (therwise -pecifiedPG on the other hand$ the assessment given %y the psychologist of respondentBs psychological ma:e!up is that he has a O30.&20 -chiIoid Personality 0isorder with narcissistic featuresP which is descri%ed as Ograve$ incura%le and has antecedents&P 'he psychological ma:e!up of petitioner and respondent is explained in greater detail in the C'inica' A%%e%%$ent Re&ort 6O"eportP7 dated 2? 0ecem%er 200=$ a copy of which is attached as ANNEI E& ?& 'heir minor children are in petitionerBs custody and are %eing supported %y her financially and emotionally& & Petitioner su%mits that$ despite the partiesB mutual psychological incapacity to remain married to each other$ the interests of the children are %est served %y having them remain in her custody$ with visitation rights extended to respondent& #ll of the children are minors and$ under the law$ children under seven 6>7 years of age shall not %e separated from the mother$ save for exceptional circumstances which do not exist in this case& .0& Petitioner cannot$ however$ provide for all the financial needs of the children as she is only earning a limited amount of money from her wor: whereas respondent is gainfully employed and earns more than enough for his own personal needs& Petitioner earns only 6state amount7 from her wor: as shown %y her payslip attached as ANNEI F whereas respondent earns 6state amount7 from his wor: as shown %y his payslip attached as ANNEI /& 'he common property of petitioner and respondent is insufficient for the support of the children& "espondent must$ thus$ %e directed to give support to his children in the amount of 6state amount7& )4E"E,("E$ petitioner respectfully prays that P"(1I-I(+#L ("0E"- for child custody and child support %e issued giving to petitioner custody pendente lite over their minor children and directing respondent to give monthly support in the amount of 6state amount7$ su%<ect to any ad<ustments that may %e made %ased on changing earning capacity as well as needs& Petitioner also prays that$ after trial$ <udgment %e rendered in her favor %y declaring petitioner to %e psychologically incapacitated to comply with the essential o%ligations of her marriage to respondent$ thus !! K.L 0eclaring the marriage %etween petitioner and respondent a nullity and$ %y this to:en$ ordering the dissolution of the con<ugal partnership of gainsG and

;2

K2L #warding permanent custody of the children to petitioner$ with express ac:nowledgement of respondentBs visitation rightsG K3L #warding support in the amount of 6state amount7 su%<ect to ad<ustments to %e made depending on changes in earning capacity and needs of the children& #ll other <ust and e5uita%le reliefs are also prayed for& @ueIon CityG > /uly 200>& 6-gd&7 #''ICU- ,I+C4 Counsel for the Petitioner K#ddressL !L,S- 1erification and Certification against ,orum -hopping

;3

D. !etition +or !ro"ate o+ a 6o'o.ra&hic Gi''
"epu%lic of the Philippines +ational Capital /udicial "egion "E2I(+#L '"I#L C(U"' Branch 30$ -an /uan "ED P"(B#'E (, '4E 4(L(2"#P4IC )ILL (, P#BLI+2 -I#&$ -P P"(C& +o& 0023 P#LI+2 9E"#$ Petitioner$ x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x PE'I'I(+ PE'I'I(+E"$ %y counsel$ respectfully states thatD .& Petitioner is a ,ilipino citiIen and the widow of the deceased& 2& (n .= #ugust 200=$ P#BLI+2 -I# died$ having previously executed a holographic will in his own handwriting and in a language :nown to him& # copy of the will is attached as #++EJ #& 'he handwriting may %e attested to as his %y his secretary of long standing$ '(* C"UR& 2& 'he deceased left a house and lot located at +o& ;;;$ 'una "oad$ *arinara -u%division$ @ueIon City and cash amounting to ,ifty 'housand Pesos 6P;0$0007G he had no de%ts& 3& 'he deceasedBs only heirs are herein petitioner and their son$ P#BLI+2 -I# /"&$ %oth of whom are residing at +o& ;;;$ 'una "oad$ *arinara -u%division$ @ueIon City& )4E"E,("E$ it is respectfully prayed that after due notice and pu%lication this 4onora%le Court fix the date for the pro%ate of the holographic will and that letters of administration %e issued in favor of the herein petitioner and thereafter ad<udicate the properties of the deceased in accordance with the said holographic will& @ueIon CityG > /uly 200>& 6-gd&7 *I'C4 *C0EE"E Counsel for the Petitioner K#ddressL !L,S- 1erification and Certification against ,orum -hopping

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*I.

0EE0S CONTRACTS AN0 OT6ER COR!ORATE LE/AL 0OC,#ENTS 6. S&ecia' !ower o+ Attorne( -PECI#L P()E" (, #''("+EF

9+() #LL *E+ BF '4E-E P"E-E+'-D I$ (BI )#+ 9E+(BI$ of legal age$ and resident of 'atooine$ do here%y name$ constitute and appoint P#0*E #*I0#L#$ of legal age$ and resident of +a%oo$ to %e my true and lawful #ttorney!in!,act and in my name$ place and stead$ do perform the following specific act6s7D 6-pecify the particular actAs to %e performed7 2iving and granting unto said attorney!in!fact power and authority to do every act necessary and re5uired in connection with these presents$ and here%y ratifying and confirming all that she may do %y virtue of these presents& I+ )I'+E-- )4E"E(,$ I have signed this -pecial Power of #ttorney this > /uly 200> at 'atooine& 6-gd&7 (BI )#+ 9E+(BI Principal -I2+E0 I+ '4E P"E-E+CE (,D 6-gd&7 "202 6-gd&7 C3P( #c:nowledgment B. /enera' !ower o+ Attorne( 2E+E"#L P()E" (, #''("+EF 9+() #LL *E+ BF '4E-E P"E-E+'-D I$ (BI )#+ 9E+(BI$ of legal age$ and resident of 'atooine$ do here%y name$ constitute and appoint P#0*E #*I0#L# to %e my true and lawful attorney!in!fact$ for me and in my name$ place and stead$ to do and perform the following acts$ to witD 6-pecify general acts that #ttorney!in!,act may do7 2iving and granting unto my said #ttorney!in!,act full power and authority necessary and re5uired to carry out the acts as fully to all intents and purposes as I might do or lawfully do if personally present$ with power of su%stitution and revocation$ and here%y ratifying and confirming all that my said attorney!in!fact or his su%stitute shall lawfully do or cause to %e done under and %y virtue of these presents& I+ )I'+E-- )4E"E(,$ I have signed this instrument this > /uly 200> at 'atooine& 6-gd&7 (BI )#+ 9E+(BI Principal -I2+E0 I+ '4E P"E-E+CE (,D 6-gd&7 "202 6-gd&7 C3P( #c:nowledgment

;;

5. Contract o+ Lea%e
C(+'"#C' (, LE#-E 9+() #LL *E+ BF '4E-E P"E-E+'-D 'his #greement made and entered into at *a:ati this > th day of /uly 200> %y and %etween 0#*I B#4#F$ of legal age$ married to #-# )#$ 6LE--("7 and resident of *a:ati City$ and #L#+2 B#4#F$ of legal age$ single and resident of @ueIon City 6LE--EE7$ )I'+E--E'4 thatD .& In consideration of a monthly rental of ,I1E '4(U-#+0 PE-(- 6P;$000&007 and the covenants made %elow$ the LE--(" here%y LE#-E- to the LE--EE an apartment located at . -an #ntonio 1illage$ *a:ati City covered %y 'ax 0eclaration +o& 00. 6*a:ati City #ssessorBs (ffice7 for a period of ')EL1E 6.27 *(+'4- from signing of this contract& 2& 'he LE--EE covenants$ as followsD 2&.& 'o pay the rentals on or %efore the fifth day of each month$ without need of demand at the residence of LE--("G 2&2& 'o :eep the premises in good and ha%ita%le condition$ ma:ing the necessary repairs and painting inside and outside the houseG 2&3& +ot to ma:e ma<or alterations and improvements without the written consent of the LE--(" and in the event of such unauthoriIed ma<or alterations and improvements$ surrendering ownership over such improvements and alterations to the LE--(" upon expiration of this leaseG I+ )I'+E-- )4E"E(,$ the parties have signed this contract on the date and the place first mentioned& 0#*I B#4#F Lessor )ith my consentD #-# )# #c:nowledgment BE,("E *E$ a +otary Pu%lic for *a:ati City$ personally appeared on the > th of /uly 200>$ the following persons$ with their respective C'C details indicated %elowD 0#*I B#4#F #L#+2 B#4#F C'C +o& EEEEEEEEEEEE issued atAon C'C +o& EEEEEEEEEEEE issued atAon #+2 B#4#F Lessee

:nown to me to %e the same persons who executed the foregoing instrument$ denominated as a Contract of Lease consisting of EE pages$ signed on each and every page %y the parties and their instrumental witnesses$ having ac:nowledged the same %efore me as their own free and voluntary act and deed& '( '4E '"U'4 (, '4E ,("E2(I+2$ witness now my hand and seal on the date and place mentioned a%ove& +&(& '#"I( Until 0ecem%er 3.$ 200> P'" +o& 0000...A.A0;A $ *a:ati City 0oc& +o& Page +o& Boo: +o& -eries of 200>&

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D. 6o'o.ra&hic Gi''
-an /uan$ *etro *anila > /uly 200> I here%y execute this holographic will$ in my handwriting and in the English language which I :now how to read and write$ %e5ueathing my house and lot located at +o& ;;;$ 'una "oad$ *arinara -u%division$ @ueIon City to my son$ P#BLI+2 -I# /"&$ and cash amounting to ,ifty 'housand Pesos 6P;0$0007 to my spouse$ P#LI+2 9E"#& 6-gd&7 P#BLI+2 -I# -"&

E. Notaria' Gi''
L#-' )ILL #+0 'E-'#*E+' of P#BLI+2 -I#$ -"& 9+() #LL *E+ BF '4E-E P"E-E+'-D I$ P#BLI+2 -I#$ -"&$ of legal age$ married to P#LI+2 9E"#$ a native of Lipa City$ Batangas$ now actually residing at -an /uan$ *etro *anila$ %eing of sound and disposing mind and memory$ and not acting under influence$ violence$ fraud or intimidation of whatever :ind$ declare this to %e my Last )ill and 'estament which I have caused to %e written in English$ the language which is :nown to me& #nd I here%y declare thatD I& 'he following are my children and their addressesG 6+ame of children and addresses7 II& I give and %e5ueath to my children EEEEEEEEEE$ EEEEEEEEEE$ and EEEEEEEEEE$ in e5ual shares$ the following properties$ real and personal$ whatsoever and wheresoever locatedD 60escription of property7 III& I designate EEEEEEEEEEEEEEE as the sole executor of this Last )ill and 'estament&

I+ )I'+E-- )4E"E(,$ I have set my hand this >th day of /uly 200> in -an /uan$ *etro *anila& 6-gd&7 P#BLI+2 -I#$ -"&

;>

2. Atte%tation C'au%e +or a Notaria' Gi''
#''E-'#'I(+ CL#U-E )E$ the undersigned witnesses$ whose residences are stated opposite our respective names$ do here%y certify thatD the testator EEEEEEEEEEEEEEEEE has pu%lished unto us the foregoing will consisting of EEE pages num%ered correlatively in letters on the upper part of each page$ as hisAher last will and testament and has signed the same and every page thereof$ on the left margin$ in our <oint presence and we$ in turn$ at hisAher re5uest have witnessed and signed the same and every page thereof$ on the left margin$ in the presence of the testator and in the presence of each other& -#9-I . -#9-I 2 -#9-I 3 /. Ac5now'ed.$ent o+ a Notaria' Gi'' /(I+' #C9+()LE02*E+' BE,("E *E$ +otary Pu%lic for and I the City of -an /uan$ Philippines$ this > th day of /uly$ 200>$ personally appearedD P#BLI+2 -I#$ -"& 6'estator7$ with 1alid Identification 0ocument EEEEEEE issued %y 6official agency7$ on = /uly 200=G -#9-I . 6)itness7$ with 1alid Identification 0ocument EEEEEEE issued %y 6official agency7$ on = /uly 200=G -#9-I 2 6)itness7$ with 1alid Identification 0ocument EEEEEEE issued %y 6official agency7$ on = /uly 200=G -#9-I . 6)itness7$ with 1alid Identification 0ocument EEEEEEE issued %y 6official agency7$ on = /uly 200=G all :nown to me to %e the same persons who signed the foregoing )ill$ the first as testator and the last three as instrumental witnesses$ and they respectively ac:nowledged to me that they signed the same as their own free act and deed& 'his )ill consists of EEE pages$ including the page in which this ac:nowledgment is written$ and has %een signed on the left margin of each and every page thereof %y the testator and his witnesses and has %een sealed with my +otarial seal& I+ )I'+E-- )4E"E(,$ I have set my hand the day$ year and place written& 6-gd&7 +& (& '#"I( +otary Pu%lic Until EEEEEEEEEEEEEEEEEE P'" +o& EEEEEEEEEEEEEEE Issued at EEEEEEEEEEEEEE (n EEEEEEEEEEEEEEEEEEE 0oc& +o& Page +o& Boo: +o& -eries of 200>& "esidence "esidence "esidence

;?

6. 0onation Inter *i2o% 0EE0 (, 0(+#'I(+ 9+() #LL *E+ BF '4E-E P"E-E+'-D 'his 0eed of 0onation$ made and executed %y L#LI* BUL-#$ of legal age$ singleAmarried$ and resident of EEEEEEEEEEEEEEE 6O0onorP7 in favor of 0#*I U'#+2$ of legal age$ singleAmarried and resident of EEEEEEEEEEEEEEEEE 6O0(+EEP7 )I'+E--E'4D 'hat the 0(+(" is the owner of that certain real property with the %uildings and improvements thereon$ situated in EEEEEEEEEEEEEEEEE$ and more particularly descri%ed in (riginalA'ransfer Certificate of 'itle +o& EEEE of the land registry of EEEEEEEEEEEEE$ as followsD 6Copy description of property in title7 'hat for and in consideration of the love and affection which the 0(+(" has for the 0(+EE$ the said 0(+("$ %y these presents$ transfers and conveys$ %y way of donation$ unto said 0(+EE$ hisAher heirs and assigns$ the a%ove descri%ed real property with all the %uildings and improvements thereon$ free from all liens and encum%rancesG 'hat the 0(+(" does here%y state$ for the purpose of giving full effect to this donation$ that heAshe has reserved for himselfAherself in full ownership sufficient property to support himAher in a manner appropriate to hisAher needsG 'hat the 0(+EE does here%y accept this donation of the a%ove!descri%ed property$ and does here%y express gratitude for the :indness and li%erality of the 0(+("& I+ )I'+E-- )4E"E(,$ the 0(+(" and the 0(+EE have signed this deed on > /uly 200> and at @ueIon City$ Philippines& L#LI* BUL-# 0onor #CCEP'E0D 0#*I U'#+2 0onee -I2+E0 I+ '4E P"E-E+CE (,D 6-gd&7 *I"(+ . 6-gd&7*I"(+ 2 !L,S- #c:nowledgment

;

I.

Ac5now'ed.$ent o+ No$inee Statu% with A%%i.n$ent o+ Share% #C9+()LE02*E+' (, +(*I+EE -'#'U- )I'4 #--I2+*E+' (, -4#"E-

I$ 2E("0I L# ,("2E$ 6O+omineeP7$ of legal age$ and with office address at EEEEEEEEEE$ here%y ac:nowledge my status as nominee for )ILLI#* "I9E" 6Othe PrincipalP7 for the purpose of holding title to EEE shares of stoc: in the Enterprise 4oldings Inc& 6Othe CorporationP7& #s nominee$ I here%y une5uivocally confirm that the Principal is the exclusive and a%solute owner of the su%<ect shares& #ccordingly$ the relationship %etween the principal and the nominee with respect to the su%<ect shares is governed %y the following terms and conditionsD .& #ll dividends$ whether cash$ stoc: or property$ rights and other privileges$ accruing on the su%<ect share shall %e for the account and %enefit of the principalG accordingly$ the nominee shall deliver the same to the principal and whoever the latter may designate& 2& 0irectorBs fees and other amounts received %y way of compensation for services rendered %y the nominee shall %e for the account and %enefit of the nominee& 3& 'he principal shall save the nominee free and harmless from any lia%ility$ whether for unpaid su%scriptions$ taxes or otherwise$ that may arise as a result of the nomineeBs holding title to the su%<ect shares for and on %ehalf of the principal& 8& 'he nominee here%y assigns$ transfers$ and conveys the su%<ect shares to the principal free from all liens and encum%rances and here%y underta:es to execute the necessary instruments to transfer title over the su%<ect shares to the principal or to whoever the latter may designate& ;& 'his ac:nowledgment of nominee status shall %ind the nomineeBs heirs$ executors$ administrators and other successors!in!interest& 0one this >th day of /uly 200> at @ueIon City& 2E("0I L# ,("2E +ominee )I'4 *F C(+,("*I'FD )ILLI#* "I9E" Principal )I'+E--E-D 6-gd&7 URI . 6-gd&7 URI 2 !L,S- #c:nowledgment

=0

). Secretar(J% Certi+icate -EC"E'#"FB- CE"'I,IC#'E I$ 0E#++# '"(I$ of legal age$ with office address at EEEEEEEEEEEEEEEEEE$ on the %asis of the corporate records$ do here%y certify that under oath thatD .& I am the Corporate -ecretary of E+'E"P"I-E 4(L0I+2- I+C& 6OcorporationP7$ a corporation duly organiIed and existing under Philippine laws$ with the same office address given a%ove& 2& #t a meeting of the Board of 0irectors of the corporation held on EEEEEEEEEEE$ at which meeting a 5uorum was present and o%tained throughout$ the following resolution6s7 was 6were7 unanimously approved and adoptedD "E-(L1E0$ that &&&&&&&&&&&&&&&&&&& 3& 'he foregoing resolution has not %een revo:ed$ amended or in any manner modified and accordingly$ the same may %e relied upon until a written notice to the contrary is issued %y the corporation& I+ )I'+E-- )4E"E(,$ I have set my hand to this certification on EEEE at EEEEEEEEEEEEEE& 0E#++# '"(I Corporate -ecretary #''E-'E0D /E#+!LUC PIC#"0 President !L,S- /urat 4. Board Re%o'ution% 1. Authorit( to Act Board "esolution +o& EEE "E-(L1E0$ that *r& /ean!Luc Picard$ as Chairperson and Chief Executive (fficer of Enterprise 4oldings %e authoriIed$ as he is here%y authoriIed$ to enter into any and all transactions with the representatives of the ,erengi 'rade ,ederation$ as may prove to %e %eneficial to the corporation in his own opinion and determination& #pproved and adopted this >th day of /uly$ 200> at *a:ati City$ Philippines& 6+ame of 0irectors7

2. Increa%e in nu$"er o+ director% and nece%%ar( a$end$ent to the Artic'e% o+
Incor&oration Board "esolution +o& EEE "E-(L1E0$ %y a vote of stoc:holders representing more than 2A3 of the su%scri%ed and paid up capital stoc:$ to I+C"E#-E the num%er of 0irectors of the Corporation from five 6;7 to seven 6>7 and to #*E+0 the #rticles of Incorporation to reflect this increase& #pproved and adopted this >th day of /uly$ 200> at *a:ati City$ Philippines& 6+ame of 0irectors7

=.

L. 0eed o+ A%%i.n$ent 0EE0 (, #--I2+*E+' 9+() #LL *E+ BF '4E-E P"E-E+'-D I$ 0#*I -4#"E-$ of legal age$ ,ilipino and resident of EEEEEEEEEEEEEEEE$ for and in consideration of the sum of EEEEEEEEEEEEEEEEEEEE Pesos 6PEEEEE7$ receipt of which is here%y ac:nowledged do here%y assign$ cede$ transfer and convey unto 0#*I LUP#$ li:ewise of legal age$ and resident of EEEEEEEEEEEEEE$ all hisAher rights$ title$ ownership and interest over its su%scription to (ne 4undred 'housand 6.00$0007 shares of the capital stoc: of EEEEEEEEE Corporation$ including advances due from said corporation& It is$ however$ understood that the assignee shall assume any and all unpaid su%scription on the said shares& 'he assignor here%y irrevoca%ly constitute$ name and appoint the assignee to %e hisAher true and lawful attorney!in!fact to ma:e representations with the corporate secretary and to cause the annotation of this assignment in the %oo:s of the corporation& I+ )I'+E-- )4E"E(,$ the assignor has signed this deed on > th day of /uly$ 200> at the City of *anila& 0#*I -4#"E#ssignor -I2+E0 I+ '4E P"E-E+CE (,D 6-gd&7 *I"(+ . 6-gd&7 *I"(+ 2 !L,S- #c:nowledgment

=2

/. 0eed o+ Sa'e o+ Re.i%tered Land (uni'atera')
"epu%lic of the Philippines *a:ati City 7 7 s&s& 0EE0 (, #B-(LU'E -#LE 9+() #LL *E+ BF '4E-E P"E-E+'-D I$ *# F# *#+$ ,ilipino$ single$ and resident of EEEEEEEEEEEEEEEEEEEEEEEEE$ for and in consideration of the amount of EEEEEEEEEEEEEEEEEEEEEEE$ paid to me today %y *# 2U L#+2$ ,ilipino$ single and resident of EEEEEEEEEEEEEEEE do here%y -ELL$ '"#+-,E" and C(+1EF a%solute and unconditionally unto said *# 2U L#+2 that certain parcel6s7 of land$ together with the %uildings and improvements thereon situated in the City of *a:ati$ and more particularly descri%ed as followsD 6'echnical 0escription of propertyAiesG specify metes and %ounds of the propertyAies with approximate area thereof$ as indicated on the face of the title7 of which I am the registered owner in fee simple$ my title thereto %eing evidenced %y 'ransfer 6or (riginal7 Certificate of 'itle +o& EEEEEE$ issued %y the "egister of 0eeds of *a:ati City& It is here%y mutually agreed that the vendee shall %ear all expenses for the execution and registration of this deed of sale& I+ )I'+E-- )4E"E(,$ I have signed this deed this >th day of /uly$ 200> at *a:ati City& *# F# *#+ 1endor [3ote< if vendor is married, marital consent must be secured, thus, the #eed must also indicate this. If vendor is married, then add the following<$ =ith my consent< (7( =( >endor?s =ife -I2+E0 I+ '4E P"E-E+CE (,D 6-gd&7 *I"(+ . 6-gd&7 *I"(+ 2 !L,S- #c:nowledgment

=3

N. 0eed o+ Sa'e o+ ,nre.i%tered Land (uni'atera') "epu%lic of the Philippines *a:ati City 7 7 s&s& 0EE0 (, #B-(LU'E -#LE 9+() #LL *E+ BF '4E-E P"E-E+'-D I$ *# F# *#+$ ,ilipino$ single$ and resident of EEEEEEEEEEEEEEEEEEEEEEEEE$ for and in consideration of the amount of EEEEEEEEEE$ paid to me today %y *# 2U L#+2$ ,ilipino$ single and resident of EEEEEEEEEEEEEEEEEEEEEEE do here%y -ELL$ '"#+-,E" and C(+1EF a%solutely and unconditionally unto said *# 2U L#+2 that certain parcel6s7 of land$ together with the %uildings and improvements thereon situated in the City of *a:ati$ and more particularly descri%ed as followsD 60escriptionD state the nature of each piece of land and its improvements$ situations and %oundaries$ area in s5uare meters$ whether or not the %oundaries are visi%le on the land %y means of monuments or otherwiseG and if they are$ what they consist of$ the permanent improvements$ if any$ the page num%er of the assessment of each property for current year or years when registration is made$ the assessed value of the property for the year7 It is here%y declared that the %oundaries of the foregoing land are visi%le %y means of EEEEEEEEEEEEEEEG that the permanent improvements existing thereon consist of EEEEEEEEE 6if none$ state so7G that the land is assessed for the current year at PEEEEEEEEEEEEEE as per 'ax 0eclaration +o& EEEEEEEEEE$ and the %uildings andAor improvements $ at PEEEEEEEEEEEE as per 'ax 0eclaration +o& EEEEEEEEE$ of the City #ssessor of *a:ati& 'he a%ove descri%ed real estate$ not having %een registered under #ct +o& 8 = nor under the -panish *ortgage Law$ the parties hereto have agreed to register this instrument under the provisions of -ec& . 8 of the "evised #dministrative Code$ as amended& I+ )I'+E-- )4E"E(,$ I have signed this deed this >th day of /uly$ 200> at *a:ati City& *# F# *#+ 1endor [3ote< if vendor is married, marital consent must be secured, thus, the #eed must also indicate this. If vendor is married, then add the following<$ =ith my consent< (7( =( >endor?s =ife -I2+E0 I+ '4E P"E-E+CE (,D 6-gd&7 *I"(+ . 6-gd&7 *I"(+ 2 !L,S- #c:nowledgment

=8

O. 0eed o+ Sa'e with !acto de Retro ("i'atera') "epu%lic of the Philippines *a:ati City 7 7 s&s& 0EE0 (, -#LE )I'4 P#C'( 0E "E'"( 'his 0eed of -ale with Pacto de "etro made and executed %y and %etweenD *# F# *#+$ ,ilipino$ of legal age$ married to #-# )#$ with residence at EEEEEEEEEEEEEEEEEEE 61E+0("7$ ! and ! *# 2U L#+2$ ,ilipino$ of legal age$ married to B# '#P#$ with residence at EEEEEEEEEEEE 61E+0EE7G )I'+E--E'4D 'hatC 'he 1E+0(" is the a%solute owner of a certain parcel of land with all the %uildings and improvements thereon$ situated in the City of *a:ati$ and more particularly descri%ed$ as followsD 6Copy technical description in 'C'A(C'7 his title thereto shown %y 'ransfer 6or (riginal7 Certificate of 'itle +o& EEEEEE issued %y the "egister of 0eeds of *a:atiG 'he 1E+0("$ for and in consideration of the amount of EEEEEEEEEEEEEEEEE Pesos 6PEEEEE7$ to him paid %y 1E+0EE and receipt of which is ac:nowledged$ does here%y -ELL$ '"#+-,E" and C(+1EF under pacto de retro unto the said 1E+0EE$ his heirs and assigns$ the property with all the %uildings and improvements thereon$ free from all liens and encum%rances whatsoeverG 'he 1E+0("$ in executing this conveyance$ here%y reserves the right to "EPU"C4#-E$ and the 1E+0EE$ in accepting the same$ here%y o%ligates himself to "E-ELL the property herein conveyed within a period of EEEE years from date of this deed for the same price of EEEEEEEEEEEEEE 6PEEEE7G Provided$ however$ that if the 1E+0(" shall fail to exercise his right to repurchase as herein granted within the period provided$ then this conveyance shall %ecome a%solute and irrevoca%le$ without need of a new 0eed of #%solute -ale$ su%<ect to the re5uirements of law regarding consolidation of ownership of real property& I+ )I'+E-- )4E"E(,$ I have signed this deed this >th day of /uly$ 200> at *a:ati City& *# F# *#+ 1endor =ith my marital consent< (7( =( *# 2U L#+2 1endee =ith my marital consent< B( T(@(

-I2+E0 I+ '4E P"E-E+CE (,D 6-gd&7 *I"(+ . 6-gd&7 *I"(+ 2 !L,S- #c:nowledgment

=;

!. 0eed o+ Re&urcha%e o+ 'and %o'd under !acto de Retro "epu%lic of the Philippines *a:ati City 7 7 s&s& 0EE0 (, "E-#LE 9+() #LL *E+ BF '4E-E P"E-E+'-D I$ *# 2U L#+2$ ,ilipino$ married$ of legal age$ and resident of EEEEEEEEEEEEEEE$ for and in consideration of EEEEEEEEEEEEEEE Pesos 6PEEEE7$ to me paid %y *# F# *#+$ ,ilipino$ of legal age$ married and resident of EEEEEEEEEEEEEEEEEEE$ do here%y "E-ELL$ "E'"#+-,E" and "EC(+1EF unto said *# F# *#+ that certain parcel of land$ with all the %uildings and improvements thereon$ situated at *a:ati City$ and more particularly descri%ed$ as followsD 6Copy technical description in title7 covered %y 'ransfer 6or (riginal7 Certificate of 'itle +o& EEEE of the "egistry of 0eeds of *a:ati$ and which property was previously sold to under pacto de retro %y the said *# F# *#+ on EEEEEEEEEEEEE$ executed %efore +otary Pu%lic EEEEEEEEEE and %earing +otarial "egistration +o& EEE$ Page +o& EEEE$ Boo: +o& EEEE and -eries of 20EE of his +otarial "egister$ a copy of which is attached as #++EJ #& I+ )I'+E-- )4E"E(,$ I have signed this deed this >th of /uly$ 200> at *a:ati City& *# 2U L#+2 1endor [3ote< if vendor is married, marital consent must be secured, thus, the #eed must also indicate this. If vendor is married, then add the following<$ =ith my consent< B( T(@( >endor?s =ife -I2+E0 I+ '4E P"E-E+CE (,D 6-gd&7 *I"(+ . 6-gd&7 *I"(+ 2 !L,S- #c:nowledgment

==

F. 0eed o+ Sa'e with #ort.a.e "epu%lic of the Philippines *a:ati City 7 7 s&s& 0EE0 (, -#LE )I'4 *("'2#2E 'his 0eed of -ale with Pacto de "etro made and executed %y and %etweenD *# F# *#+$ ,ilipino$ of legal age$ married to #-# )#$ with residence at EEEEEEEEEEEEEEEEEEE 61E+0("!*("'2#2EE7$ ! and ! *# 2U L#+2$ ,ilipino$ of legal age$ married to B# '#P#$ with residence at EEEEEEEEEEEE 61E+0EE!*("'2#2("7G )I'+E--E'4D 'hatC 'he 1E+0("!*("'2#2EE is the a%solute owner of a certain parcel of land with all the %uildings and improvements thereon$ situated in the City of *a:ati$ and more particularly descri%ed$ as followsD 6Copy technical description in 'C'A(C'7 his title thereto shown %y 'ransfer 6or (riginal7 Certificate of 'itle +o& EEEEEE issued %y the "egister of 0eeds of *a:atiG 'he 1E+0("$ for and in consideration of the amount of EEEEEEEEEEEEEEEEE Pesos 6PEEEEE7$ to him paid %y 1E+0EE and receipt of which is ac:nowledged$ does here%y -ELL$ '"#+-,E" and C(+1EF unto the said 1E+0EE$ his heirs and assigns$ the property with all the %uildings and improvements thereon$ free from all liens and encum%rances whatsoeverG It is here%y agreed and stipulated that the U+P#I0 B#L#+CE (, EEEEEEEEEEEE Pesos 6PEEEE7$ of which amount EEEEEEEEEEEEEEEEEPesos 6PEEEEE7 shall %e paid %y the 1E+0EE!*("'2#2(" to the 1E+0("!*("'2#2EE at the latterBs residence$ as followsD 6-tate manner of payment7 In order to guarantee the fulfillment of the a%ove o%ligations$ the 1E+0EE!*("'2#2(" does here%y *("'2#2E unto the said 1E+0("!*("'2#2EE$ his heirs and assigns$ the property descri%ed$ together with all the %uildings and improvements thereon$ under the express stipulation that if the said 1E+0EE!*("'2#2(" shall pay or cause to %e paid unto the 1E+0("!*("'2#2EE the o%ligations$ then this *ortgage shall %e of no further force and effectG otherwise$ the same shall remain in full force and effect and shall %e enforcea%le in the manner prescri%ed %y law& I+ )I'+E-- )4E"E(,$ I have signed this deed this >th day of /uly$ 200> at *a:ati City& *# F# *#+ 1endor =ith my consent< (7( =( >endor?s =ife *# 2U L#+2 1endee =ith my consent< B( T(@( >endee?s =ife

-I2+E0 I+ '4E P"E-E+CE (,D 6-gd&7 *I"(+ . 6-gd&7 *I"(+ 2 !L,S- #c:nowledgment

=>

R. 0acion en !a.o (0eed o+ A%%i.n$ent o+ Rea' E%tate in &a($ent o+ de"t) 0EE0 (, #--I2+*E+' 9+() #LL *E+ BF '4E-E P"E-E+'-D 'his 0eed of #ssignment$ made and executed %y and %etween 0#*I U'#+2$ ,ilipino$ of legal age$ married to #L#+2 *#L#F$ with residence at EEEEEEEEEEEEE 6#--I2+("7 and 0#*I LUP#$ ,ilipino$ of legal age$ married to BIL *(9($ with residence at EEEEEEEEEEEEEEE 6#--I2+EE7$ )I'+E--E'4D 'hat the #--I2+(" is inde%ted to the #--I2+EE in the sum of EEEEEEEEEEE Pesos 6PEEEEEE7 and in full payment and complete satisfaction thereof here%y assign$ transfer and convey unto the #--I2+EE that certain real estate with all the %uildings and improvements thereon$ situated in EEEEEEEEEEE$ and more particularly descri%ed as followsD 60escription of property assigned7 of which real estate the #--I2+(" is the registered owner$ his title thereto %eing evidenced %y 'ransfer 6or (riginal7 Certificate of 'itle +o& EEEEEEEEEEEE of the "egister of 0eeds of EEEEEEEEEEEEE& 'hat the #--I2+EE does here%y accept this assignment in full payment of the a%ove!mentioned de%t of EEEEEEEEEEEEEE Pesos 6PEEEEEEEEE7& I+ )I'+E-- )4E"E(,$ the parties have signed this 0eed on > /uly 200> at *a:ati City& 0#*I U'#+2 #ssignor )ith my marital consentD #L#+2 *#L#F #ssignorBs )ife !L,S- #c:nowledgment BIL *(9( #ssigneeBs )ife 0#*I LUP# #ssignee

=?

%. Chatte' #ort.a.e
"epu%lic of the Philippines *a:ati City 7 7 s&s& C4#''EL *("'2#2E 9+() #LL *E+ BF '4E-E P"E-E+'-D 'hat I$ 0#*I 9('-E$ of legal age$ married and resident of *a:ati$ for and in consideration of the loan of ,I1E 4U+0"E0 '4(U-#+0 PE-(- 6P;00$000&007$ granted to me %y F#*#+ +F#$ also of legal age$ married and resident of *a:ati$ to %e paid one 6.7 year from date hereof$ have transferred and conveyed %y way of chattel mortgage unto said F#*#+ +F#$ his heirs$ successors and assigns$ free from all liens and encum%rances that certain motor vehicle$ at present in my possession at my address$ more particularly descri%ed asD *odelA*a:e +o&AColor Chassis +o& Engine +o& D B*) >3?i 6. ?7$ racing greenG D 0000000....G D 0000000....G

of which I am the true and a%solute owner %y title thereto$ %eing evidenced %y "egistration Certificate of *otor 1ehicle +o& EEEEEE issued in my name %y the Land 'ransportation (ffice on EEEEEEEEEEEEEEEEEE& 'his chattel mortgage has %een executed in order to secure the full and faithful payment of my o%ligation to F#*#+ +F# in accordance with the terms and conditions of this instrumentG Upon payment$ this contract shall %ecome null and voidG otherwise$ it shall continue in full force and effect and may %e foreclosed in accordance with law& I+ )I'+E-- )4E"E(,$ I have signed this instrument on > /uly 200> at *a:ati City& 0#*I 9('-E #ffidavit of 2ood ,aith )e severally swear that 0#*I 9('-E$ mortgagor$ and F#*#+ +F#$ mortgagee$ have executed the foregoing Chattel *ortgage in order to guarantee as good and %inding the o%ligations mentioned a%ove and is not intended to defraud creditors& F#*#+ +F# -igned in the presence ofD URI . !L,S- #c:nowledgment URI 2 0#*I 9('-E

=

*II.

A!!EALS AN0 OT6ER RESORTS TO A!!ELLATE CO,RTS IN CRI#INAL AN0 CI*IL !ROCE0,RE 6. Ordinar( a&&ea'% 1. in ci2i' ca%e% a. +ro$ #TC (in ori.ina' juri%diction) to RTC (in a&&e''ate juri%diction) Chec:listD • .; days from notice of <udgment or final order • +otice of #ppeal 6"ule 80$ -ec& 37 o Parties o /udgment or final order appealed from o *aterial dates showing timeliness of appeal • Proof of payment of appellate court doc:et and other lawful fees 6"ule 80$ -ec& 87 • *emorandum for #ppellant and #ppellee 6"ule 80$ -ec& >7

b. Fro$ RTC (in ori.ina' juri%diction) to CA
Chec:listD • .; days from notice of <udgment or final order • +otice of #ppeal • Brief for #ppellant o -u%<ect Index of the matter in %rief o #ssignment of Errors o -tatement of the Case o -tatement of the ,acts o -tatement of the Issues o #rgument o "elief o Copy of <udgment or final order appealed from • Brief for #ppellee 6same as Brief for #ppellant$ except copy of <udgment7 • #ppellantBs "eply Brief • *emorandum 6in special cases7 o -tatement of the Case o -tatement of the ,acts o -tatement of the Issues o #rgument o "elief 9. in cri$ina' ca%e% a. Fro$ #TC (a% tria' court) to RTC (in a&&e''ate juri%diction) Chec:listD • .; days from notice of <udgment or final order • +otice of #ppeal • #ppellantBs BriefA*emorandum • #ppelleeBs BriefA*emorandum

b. Fro$ RTC (a% tria' court) to CA
Chec:listD • .; days from notice of <udgment or final order • +otice of #ppeal • #ppellantBs BriefA*emorandum • #ppelleeBs BriefA*emorandum

1. Fro$ RTC (a% tria' court) to SC
Chec:listD • .; days from notice of <udgment or final order • +otice of #ppeal • #ppellantBs BriefA*emorandum • #ppelleeBs BriefA*emorandum

>0

'. !etition% +or Re2iew 1. Fro$ RTC (a% a&&e''ate court) or +ro$ 1ua%iDjudicia' a.encie% to CA
Chec:listD • .; days from notice of <udgment or final order

• extension of .; days only
• • • • • • • ,ull names of petitioner and respondent -tatement of *aterial 0ates -tatement of *aterial #verments -tatement of Issues$ Errors of ,act or Law #rgument 1erification and Certification against ,orum -hopping #ttachments o Certified true copy or duplicate original copy of <udgmentAfinal order 5uestioned o Clear and legi%le copy of all pleadings and other material portions of the record

• Proof of -ervice and Explanation for -ervice %y "egistered *ail 6if applica%le7

2. Fro$ RTC (on &ure 1ue%tion% o+ 'aw) or CA (in a&&e''ate juri%diction) to SC
Chec:listD • .; days from notice of <udgment or final order

• extension of 30 days
• • • • • +ames of petitioner and respondent 6without impleading the lower court!9udge!9ustice 7 -tatement of *aterial 0ates *aterial #llegations$ "easons or #rguments for allowance of petition 1erification and Certification against ,orum -hopping #ttachments o Certified true copy or duplicate original copy of <udgmentAfinal order 5uestioned o Clear and legi%le copy of all pleadings and other material portions of the record

• Proof of -ervice and Explanation for -ervice %y "egistered *ail 6if applica%le7

>.

#O0EL !ETITIONI. GRIT OF A#!ARO 7A8 CA!TION AN0 TITLE "epu%lic of the Philippines 6C(U"'7 6Location7 +ame of #ggrieved Party or "elator$ Petitioner$ 6Case +o& EEEEEEEEEEEEE7 ! versus ! +ame of Pu%lic (fficialAEmployee (r Private Individual or Entity$ "espondentAs& J !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! J PE'I'I(+ PE'I'I(+E"$ %y counsel$ respectfully states thatD KBL P#"'IE.& PetitionerA"elator is & & & .&.& PersonalAProfessional Circumstances "elevant 6if %y "elator$ state relationship of relator to victim7 .&2& ,actual -tatements "elevant to 2rounds 61iolation of "ight to Life$ Li%erty and -ecurity of Person or 'hreat thereof7 .&3& Contact 0etails .&8& (ther "elevant 0etails 2& "espondentAs isAare & & & 2&.& PersonalAProfessional Circumstances "elevant 2&2& Contact 0etails 2&3& (ther "elevant 0etails KCL B(0F 3& -tatement of ,acts 3&.& Chronology of Events "elevant to the right violated 6e&g&$ enforced disappearance or extra<udicial :illing7 3&2& -tatement as to /udicial #ffidavits 6if any7 of witnesses 3&3& -tatement as to efforts exerted to vindicate the rightAs and results of such efforts 8& -tatement of *aterial ,acts "elevant to Interim "eliefs 6if any7 a& %& c& d& 'emporary Protection (rder Inspection (rder Production (rder )itness Protection (rder

;& -tatement of *aterial ,acts "elevant to ,inal "eliefAs K0L "ELIE, )4E"E,("E$ & & & 6a7 6%7 6c7 6d7 Interim "eliefs %e granted immediately ,inal "eliefs %e granted after hearing Interim "eliefs %e made permanent (ther "eliefs %e granted

KEL 0ate and Place

>2

K,L +ame and -ignature U #ll *aterial Information of Counsel K2L 1C,K4L #ffidavit of -ervice and Explanation of -ervice

>3

II. GRIT OF 6ABEAS 0ATA K#L C#P'I(+ #+0 'I'LE "epu%lic of the Philippines 6C(U"'7 6Location7 +ame of #ggrieved Party or "elator$ Petitioner$ 6Case +o& EEEEEEEEEEEEE7 ! versus ! +ame of Pu%lic (fficialAEmployee (r Private Individual or Entity$ "espondentAs& J !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! J PE'I'I(+ PE'I'I(+E"$ %y counsel$ respectfully states thatD KBL P#"'IE.& PetitionerA"elator is & & & .&.& PersonalAProfessional Circumstances "elevant 6if %y "elator$ state relationship of relator to victim7 .&2& ,actual -tatements "elevant to 2rounds 61iolation of "ight to Privacy in Life$ Li%erty or -ecurity or 'hreat thereof7 .&3& Contact 0etails .&8& (ther "elevant 0etails 2& "espondentAs isAare & & & 2&.& PersonalAProfessional Circumstances "elevant 2&2& Contact 0etails 2&3& (ther "elevant 0etails

KCL B(0F 3& -tatement of ,acts 3&.& Chronology of Events "elevant to the right violated 6e&g&$ enforced disappearance or extra<udicial :illing7 3&2& -tatement as to /udicial #ffidavits 6if any7 of witnesses 3&3& -tatement as to efforts exerted to vindicate the rightAs and results of such efforts 8& -tatement of *aterial ,acts "elevant to any Interim "eliefs 6if any7 ;& -tatement of *aterial ,acts "elevant to ,inal "eliefAs K0L "ELIE, )4E"E,("E$ & & & 6a7 6%7 6c7 6d7 Interim "eliefs %e granted immediately ,inal "eliefs %e granted after hearing Interim "eliefs %e made permanent (ther "eliefs %e granted

KEL 0ate and Place K,L +ame and -ignature U #ll *aterial Information of Counsel

>8

K2L 1C,K4L #ffidavit of -ervice and Explanation of -ervice

>;

#O0EL RET,RN I. A#!ARO K#L C#P'I(+ #+0 'I'LE KBL P#"'IEKCL B(0F .& -upporting #ffidavits of respondents and their witnessAes 2& -tatement as toD 2&.& lawful defenses to show that respondentAs did not violate or threaten with violation the rights su%<ect of the PetitionG 2&2& the steps or actions ta:en to determine the fate or wherea%outs of the #P and the persons responsi%le for the threat$ act or omission 2&3& all relevant information in the possession of the respondent pertaining to the threat$ act or omission against the #PG 2&8& Kif the respondent is a pu%lic officialAemployeeL$ add D actions ta:en or to %e ta:enD a& to verify the identity of the #PG %& to recover and preserve evidence related to the death or disappearance of the person identified in the petition which may aid in the prosecution of the personAs responsi%leG c& to identify witnesses and o%tain statements from them concerning the death or disappearanceG d& to determine the cause or manner$ location and time of death$ or disappearance as well as any pattern or practice that may have %rought a%out the death or disappearanceG e& to identify and apprehend the personAs responsi%leG f& to %ring the suspected offenders %efore a competent court& 3& (pposition to Interim "eliefs applied for K0L "eliefs KEL 0ate and Place K,L +ame and -ignature U #ll *aterial Information of Counsel K2L 1C,K4L #ffidavit of -ervice and Explanation of -ervice

>=

II. 6ABEAS 0ATA K#L C#P'I(+ #+0 'I'LE KBL P#"'IEKCL B(0F .& -upporting #ffidavits of respondents and their witnessAes 2& -tatement as toD 2&.& Lawful defenses to show that respondentAs did not violate or threaten with violation the rights su%<ect of the PetitionG 2&2& 0isclosure of the data or information a%out the petitioner$ the nature of such data or information and the purpose for its collectionG 2&3& 'he -teps or actions ta:en %y the respondentAs to ensure the security and confidentiality of the data or informationG and 2&8& 'he currency and accuracy of the data or information heldG 2&;& (ther allegations relevant to the resolution of the proceedingG 3& (pposition to Interim "eliefs applied for K0L "eliefs KEL 0ate and Place K,L +ame and -ignature U #ll *aterial Information of Counsel K2L 1C,K4L #ffidavit of -ervice and Explanation of -ervice

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