Professional Documents
Culture Documents
I.
CAPTIONS
Under the Judiciary Reorganization Act of 1980 (Batas Pambansa Blg.129), all courts except the
Supreme Court, the Sandiganbayan and the Court of Tax Appeals were abolished and the following
Courts were created: Intermediate Appellate Court; Regional Trial Court created in 13 Judicial Regions
including the National Capital Regions and other areas as may be established by law; Municipal Trial
Courts in cities and municipalities; and the Municipal Circuit Trial Courts. Under Executive Order No. 3
dated 1986, the Intermediate Appellate Court was renamed the Court of Appeals.
The following are representative samples of Caption filed in said courts:
PEDRO SANTOS
Defendant.
X------------------------------------------X
II.
ACKNOWLEDGMENT; JURAT
ACKNOWLEDGMENT
(Simple form)
REPUBLIC OF THE PHILIPPINES}
PROVINCE OF
} SS
MUNICIPALITY
}
BEFORE ME, this_____ day of _________, 2001 in the Municipality of _________________,
Province of _____________, Philippines, personally appeared _______________________ , with
Residence Certificate No. _______ issued at ________, on _______________ , and B.I.R. Tax Account
No.________ known to me to be the same person who executed the foregoing instrument, and he
acknowledged to me that the same is his free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day,
year, and place above written.
Notary Public
My Commission expires Dec. 31, 2001
IBP No. ________, 1/2/2001, Pasig City
P.T.R. No. ______, 2/2/2001, Pasig City
Doc. No. _____;
Page No. ____;
Book No. _____
Series of 20___
S.S.
SUBSCRIBED AND SWORN to me, in the Municipality of ________, this ____th day of
______, 19 ____ by, _______ with Community Certificate No. _____ issued at _____ on ______, 2001.
NOTARY PUBLIC
My Comission expires Dec. 31, 2001
IBP No. ______, 1/2/2001, Pasig City
P.T.R. No.____, 2/2/2001, Pasig City
Doc. No._____;
Page No._____;
Book No._____;
Series of 20____.
been filed or is pending before the Supreme Court, the Court of Appeals, or different Divisions thereof, or
any other tribunal or agency, he hereby undertakes to notify this Honorable Court within 5 days
therefrom.
_______________
JUAN DELA CRUZ
Petitioner
SUBSCRIBED AND SWORN to before me this 27th day of January 2000 in the City of Manila,
affiant exhibiting to me her Community Tax Certificate No. 12345678 issued on January 3, 2000 in the
City of Manila.
_________________
MARIA A. SANTOS
Notary Public
My Commission Expires Dec. 31, 2001
IBP No. _______, 1/16/2001, Pasig City
PTR No. _______, 1/2/2001, Pasig City
Doc. No. ____
Page No. ____
Book No. ____
Series of 20___
Copy Furnished:
1. Perez & Matias Law Offices
49 Dapitan St. , Sampaloc Mla.
(addressed to the Counsel of the adverse party)
EXPLANATION
EXPLANATION
This Certifies that personal service was not resorted to for the reason that due to time, distance
and manpower constraints, the same is not practicable.
_________________
Counsel
III.
AFFIDAVITS
AFFIDAVIT OF LOSS
(Signature of affiant)
JURAT
X, of legal age and resident of the City of Manila, Philippines, after having been duly sworn in
accordance with law, hereby deposes and says:
That he is the Plaintiff in the above entitled case and is entitled to the relief demanded in the
complaint in whole or in part and such other relief consists in restraining the commission or continuance
of the acts complained of either for a limited period or perpetually;
That the commission or continuance of the acts complained of during the litigation will work
injury to herein plaintiff and that the defendant is doing, threatens, or is about to do, or is procuring or
suffering to be done the acts tending to render the judgment ineffectual;
And that he is willing and ready to file a bond in the amount which may be fixed by the Court to
the effect that he, the plaintiff, will pay the defendant all the damages which the latter may sustain by
reason of the injunction if the court should finally decide that the plaintiff was not entitled thereto.
FURTHER AFFIANT SAYETH NAUGHT.
_______________________
Affiant
JURAT
AFFIDAVIT
X, of legal age and a resident of the City of Manila, Philippines, after having been duly sworn to
in accordance with law, hereby deposes and says:
That he is the Plaintiff in the above entitled case;
That there is sufficient cause of action;
That the defendant has removed or disposed of his property, or is about to do so with intent to
defraud his creditor, the herein plaintiff-affiant;
That he is filing a bond in the amount of P_________________;
That the amount claimed in the action is as much as the sum which the order is prayed for above
all legal counterclaims.
FURTHER AFFIANT SAYETH NAUGHT.
_____________________
Affiant
JURAT
AFFIDAVIT
A, of legal age, married and a resident of the City of Manila, Philippines, after having duly sworn
in accordance with law, hereby deposes and says:
That he is the Plaintiff in the above titled case and that he has read the foregoing complaint and
that the facts therein stated are true and correct;
That he is the owner of the estate as pro-indiviso owner of the same with the defendant;
That the defendant is in actual physical possession of the property in litigation and as such, he is
in control of the produce of the said property pending litigation;
That the produce or income from said property are in danger of being lost, removed or materially
injured unless a receiver be appointed to guard and preserve the same, and the defendant is not only
hostile to the plaintiff but also shows his demands to exclude said plaintiff from all the products or
proceeds coming from the said property;
That the defendant is hopelessly insolvent for he is heavily indebted to various persons;
That he is willing and ready to file a bond in the amount which this Honorable Court may fix in
favor of the defendant against whom this receivership is presented to the effect that he, the plaintiff will
pay to the said defendant all damages which he will sustain by reason of the appointment of receiver in
case the plaintiff shall have procured such appointment without sufficient cause, and such other bonds
which this Honorable Court may require him to file hereafter, as security for such damages.
FURTHER AFFIANT SAYETH NAUGHT.
______________________
(Affiant)
JURAT
SINUMPAANG SALAYSAY
Republika ng Pilipinas )
Lalawigan ng Rizal ) s. s.
Bayan ng Cainta
)
SINUMPAANG SALAYSAY
AKO, JUAN DELA CRUZ, 30 taong gulang, binata at naninirahan sa Brgy. San Roque, Cainta
Rizal, matapos makapanumpa ng ayon sa batas ay malaya at kusang loob na nagpapahayag ng mga
sumusunod:
1. Na ako ang nagmamay-ari na isang Honda Civic na kotse, kulay pula, modelo 1999, na
nagtataglay ng makina na may numero bilang 00000.
2. Na noong ika-12 ng Mayo, taong kasalukuyan, nagpunta ako sa SM Megamall sa may EDSA
upang bumili ng libro. Iniwan ko ang nasabing sasakyan sa parking lot sa harapan SM
ngunit nang ako ay bumalik sa naturang parking lot ay wala na roon ang aking sasakyan.
3. Na matapos ang ilang oras na masusing paghahanap, sa tulong ng mga guwardiya ns SM, ay
hindi ko natagpuan ang aking sasakyan. Marahil ito ay na-carnap .
4. Na ginawa ko ang Sinumpaang Salaysay na ito upang aking patunayan ang buong
katotohanan ng aking salaysay na nasa itaas at paninidigan ko ito saan man at kanino pa man.
SA KATUNAYAN ay nilagdaan ko ito ngayong ika-15 ng Mayo, 2000, dito sa Cainta Rizal.
_______________________
JUAN DELA CRUZ
SINUMPAAN AT NILAGDAAN sa harap ko ngayong ika-15 ng Mayo, 2000 dito sa
Cainta Rizal.
_______________________
MARIA SANTOS
Notaryo Publiko
Hanggang Disyembre 31,2001
IBP No. _____, 1/2/2001, Pasig City
PTR No. ____ 1/15/2001, Pasig City
Kasulatan Blg. ____
Pahina Blg. ____
Aklat Blg. ______
Serye ng 20____
IV.
NEGOTIABLE INSTRUMENTS
PROMISSORY NOTE
(Date)
P_____________
____________________, Philippines
________ months (or days) after date, I promise to pay, for value received, to
_____________________ or order the sum of _______________________PESOS, with interest at
______percent per annum after maturity until paid. The makers and indorsers severally waive
presentment for payment, protest, and notice of non-payment of this note.
_____________________
1
Maker
BILLS OF EXCHANGE
Manila, May ______, 2000
For value received, pay to _________________________ or order the sum of
___________________(P__________) PESOS, Philippine Currency, and charge the same to the account
of.
(Signature of Drawer)
TO: (Name of Drawee)
Address
CHECK
No. __________________
PHILIPPINE NATIONAL BANK
Manila, Philippines
Manila, Philippines ____________, 2001
PAY to ______________________________ or order/bearer
PESOS ______________________________
_____________________
(Signature)
P __________________________
(Philippine Currency)
V.
CONTRACTS OR AGREEMENTS
DEED OF SALE
It is hereby mutually agreed that the vendee shall bear all the expenses for the execution and
registration of this deed of sale.
IN WITNESSS WHEREOF, I have hereunto signed this deed of sale, this _______day of
_________, 20______ at (city or municipality), Philippines.
_____________________
(Vendor)
_________________
(Vendee)
__________________________
(Witness)
_____________________________
(Witness)
ACKNOWLEDGMENT
__________________________
(Vendee)
_____________________________
____________________________
ACKNOWLEDGMENT
_______________
Seller
WITNESSES:
_____________________
_____________________
ACKNOWLEDGMENT
Seller
In the presence of:_____________________
__________________________
(NOTE: Unilateral no need for the vendee to sign, however, if vendee is obliged to
something, he must sign.)
perform
ACKNOWLEDGMENT
In the City of Manila, this ____ day of ______,2001, personally appeared before me
_____________ with Community Tax Certificate No. ________ on _____19 ____ issued at______ on
______, 20_____, known to me to be the same person who executed the foregoing instrument of sale over
one parcel of land, which instrument consists of two (2) pages including the page on which this
acknowledgment appears and signed on the left margin of each and every page by the party executing this
instrument and his witnesses. Said party acknowledges to me that the same is his voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal at the City
of Manila on this _____ day of _____, 20____.
NOTARY PUBLIC
My Comission expires Dec. 31, 2001
IBP No. ______, 1/2/2001, Pasig City
P.T.R. No.____, 2/2/2001, Pasig City
_________________
(Lessee)
ACKNOWLEDGMENT
__________________
(Lessee)
ACKNOWLEDGMENT
(Description of property)
of which real property I am the registered owner evidenced by Original/Transfer Certificate of Title
No._________ of the Land Registry of _____________: PROVIDED, HOWEVER, that if I the said (full
name of mortgagor) shall pay or cause to be paid to said (Full name of mortgagee), his heirs or assigns,
the said sum of _________________ PESOS (P____________), within the period of ______________
(____) years from and after the execution of this MORTGAGE together with the interest thereon at the
rate of _________ per centum (____%) per annum, this MORTGAGE shall be discharged and of no
effect; OTHERWISE, it shall remain in full force and effect and shall be enforceable in the manner
provided for by law.
IN WITNESS WHEREOF, I have hereunto set my hands this _____ day of ______________,
20____, in _______________, Philippines.
________________
( Mortgagor)
_________________
(Mortgagee)
_____________________________
ACKNOWLEDGMENT
CHATTEL MORTGAGE
IN WITNESS WHEREOF, the MORTGAGOR has hereunto set his hand this______ day of
________, 20____, in _______________, Philippines.
__________________
(Mortgagor)
_________________
(Mortgagee)
SIGNED IN THE PRESENCE OF:
__________________________
____________________________
ACKNOWLEDGMENT
__________________________
(Mortgagor)
_____________________________
(Mortgagee)
JURAT
more than two (2) meters wide throughout the whole length of the western side of said property and as
specifically indicated in the attached plan which is made an integral part of this contract, as Annex A.
It is further agreed that B shall deliver unto A all the necessary papers, deed, and titles in
relation to the servient estate in order to facilitate the registration of the above-mentioned right of way, in
accordance with.
This agreement shall be binding between the parties and upon all their heirs, successors, and
assigns.
IN WITNESS WHEREOF, the parties hereto have signed this agreement the day and the year
first above written, in the municipality of _______________, province of _______________, Philippines.
__________________________
(Signature of owner of the
dominant estate)
__________________________
(Signature of owner of
servient estate)
___________________________
ACKNOWLEDGMENT
POWER OF ATTORNEY
ACKNOWLEDGEMENT
_______________________
ACKNOWLEDGMENT
____________________
Principal
Signed in the presence of:
____________________
____________________
ACKNOWLEDGMENT
VI. DONATIONS AND WILLS
ACCEPTANCE
That the Donee does hereby accepts the foregoing donation of the above-mentioned described
property for which he/she expresses his/her sincerest appreciation and gratitude for the kindness and
liberty shown by the Donor.
(NOTE:If inter vivos, state the following)
The donor hereby states that , for the purpose of giving effect to the donation, he has reserved
for himself in full ownership sufficient property to support him in a manner appropriate to his needs)
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands at the place first above
written, on this _____ day of _____, 20__.
(NOTE: In case of donation mortis causa, an attestation clause is included and is signed by 3 witnesses.
State that the donation shall become effective upon the death upon the death of the donor, but in the effect
that the donee should die before the donor, the present donation shall be deemed rescinded and of no
further force and effect.
In case of donation inter vivos, only 2 witnesses are needed to sign).
WILLS
HOLOGRAPHIC WILL
(NOTE: This should be handwritten)
15, May 2000
I, ____________________, of _____________________ being of sound mind and disposing
mind, do hereby declare this to be my last will and testament which I have written in my own handwriting
in English, a language known to me, and I hereby declare that all my properties shall upon my death be
distributed to my wife __________________ and to my only child ____________________ share and
share alike.
Juan Dela Cruz
NOTARIAL WILL
II.
I designate ________________ the sole executor of this my Last Will and Testament.
____________________
(Signature of Testator)
ATTESTATION CLAUSE
We, the undersigned attesting witnesses, whose residences are stated opposite our
respective names, do hereby certify: That the testator, ___________________, has published
unto us the foregoing will consisting of _______ pages numbered correlatively in letters on the
upper part of each page, as his/her Last Will and Testament and has signed the same and every
page thereof, on the margin, in our joint presence and we, in turn, at his/her request have
witnessed and signed the same and every page thereof, on the left margin, in the presence of the
testator and in the presence of each and all of us.
(Signature of at least three witnesses)
______________________
(Witness)
_____________________
(Residence)
______________________
(Witness)
_____________________
(Residence)
___________________________
(Witness)
__________________________
(Residence)
JOINT ACKNOWLEDGMENT
BEFORE ME, Notary Public for and in the City/Municipality of _________________,
Philippines this ______ day of _________________, 2001, personally appeared:
The testator, with C.T.C. No. _____________ issued at _________________ on
_________________, 2001;
NOTARY PUBLIC
My commission expires Dec. 31, 2001
IBP No. ______, 1/2/2001, Pasig City
PTR No. _____, 2/2/2001, Pasig City
Doc. No. ______
Page No. ______
Book No. ______
Series of 2000
VI.
PLEADINGS
Pleadings are filed in four (4) kinds of cases, namely: Civil Actions; Provisional Remedies;
Special Civil Actions; and Special Proceedings
A. MISCELLANEOUS CIVIL PLEADINGS
(Caption)
COMPLAINT
COMES NOW the plaintiff, by the undersigned counsel, and to this Honorable Court,
respectfully alleges:
1.
That the plaintiff is of legal age, Filipino citizen and resident of
No.7 Agoo Street, Quezon City and the defendant is also of legal age, Filipino citizen and a resident of
No. 19 Dagupan Street, Tondo, Manila where he may be served with summons;
2.
That on or about January 1, 1983, defendant obtained a loan of
P20,000.00 from the plaintiff payable within 90 days from date of receipt at 12% per annum;
3.
That said loan, now overdue, is evidenced by a promissory note
signed by the defendant, a copy of which is hereto attached as annex A and made part of this complaint;
4.
That despite repeated demands, both written and oral, defendant
has failed and refused to apply said loan;
5.
That due to the unjust and unlawful act of the defendant to comply
with the said demands, the plaintiff was compelled to institute this action engaging the services of counsel
in the amount of P1,000.00
WHEREFORE, it is respectfully prayed that judgment be rendered against the defendant
to pay the plaintiff the sum of P20,000.00 plus interest of 12% from the date of the instrument until full
amount is payed and attorneys fees in the amount of P1,000.00 and costs of the suit.
Other equitable reliefs are likewise prayed for.
___________________, 1991, Quezon City.
________________________
Attorney for Plaintiff
________________________
Address
P.T.R. No.______ Date & Place of Issue______
IBP O.R. No._____ Date & Place of Issue_____
Plaintiff Alleges:
First Cause of Action
1.
That the plaintiff is a resident of the City of Manila, and that defendant is a resident of 486
Tenesee, Malate, Manila where he may be served with summons;
2.
That on the 11th day of June, 1983, defendant executed and delivered to plaintiff a promissory
note, in the following words and figures, to wit:
(insert copy of the promissory note or use as Annex)
3.
That defendant has not paid promissory note, nor any part thereof or interest thereon;
1.
Plaintiff hereby incorporates the allegations of paragraph 1 of the first cause of action;
2.
That on the 19th of August 1983, defendant executed and delivered to the plaintiff his promissory
note in the following words and figures, to wit:
(insert copy of promissory note)
2.
JOSE CRUZ
Attorney for the Plaintiff
311 Regina Building, Manila
P.T.R. No.__ & IBP Receipt No. __
PEDRO SANTOS
Defendant,
x------------------------------------------x
2.
Defendant specifically denies the allegation in paragraph 4 of the complaint, the truth
being that. ( State here the fact being claimed by the defendant as the true state of facts
or the truth being those stated in the special and affirmative defenses herein set forth)
3.
1.
2.
That the defendant had purchases said land from plaintiff and paid said promissory notes;
3.
That by virtue of this unwarranted and malicious act initiated by the plaintiff, defendant
was forced to engage counsel in the sum of P10,000.00.
THAT Defendant specifically denies under oath the genuiness and due execution of the
instrument a copy of which is attached to Plaintiffs complaint as Annex A, the truth being that his
signature thereon is forged and that he did not in fact sign the said instrument.
ERNESTO FLORES
Attorney for the Defendant
_________________________
Address
P.T.R. No. ________ Date & Place of Issue________
IBP O.R> No. ______ Date & Pace of Issue________
VERIFICATION
(Or Oath of the Defendant)
______________________
Defendant
JURAT
MOTIONS
(NOTE: All motions must be addressed to the other/adverse party; it must contain a notice of
hearing and proof of service or an explanation why personal service was not resorted to.
MOTION TO INTERVENE
COMES NOW X, by his under signed counsel, to this Honorable Court respectfully prays that he
be permitted to intervene in this case as a party plaintiff (or as a party defendant) on the ground that he
has legal interest in the matter under litigation, and that he may be adversely affected in these proceedings
as shown in the attached Complaint-in-Intervention (or answer in intervention).
WHEREFORE, it is respectfully prayed that X be allowed to intervene as party plaintiff (or
defendant) and the attached complaint be admitted and served on the defendant (or answer be admitted
and X be allowed to serve copy of the same to the Plaintiff).
Atty. Y
Counsel for X
(With Notice of Hearing, Proof of Service and Explanation)
MOTION TO QUASH
COMES NOW X, accused in the above titled case, through his undersigned attorney and
respectfully moves to quash the information filed against him on the ground that:
1.
Lack of jurisdiction
2.
Prescription
3.
Facts alleged do not constitute an offense, etc.
ARGUMENTS
( here set forth the reasons in support of the motion to quash)
WHEREFORE, it is respectfully prayed that the information filed against the accused be
dismissed.
( notice of hearing)
MOTION TO DISMISS
NOW COMES Defendant, by his undersigned attorney, to this Honorable Court and respectfully
moves that the complaint be dismissed on the following grounds:
( here mention one or more grounds provided for in Rule 16, Rules of Court) 1. Lack of
Jurisdiction; 2. Payment; 3. Novation; 4. Prescription; 5. Lack of capacity.
ARGUMENTS
( here set forth the reasons in support of the grounds mentioned)
WHEREFORE, it is respectfully prayed that the complaint be dismissed.
(With Notice of Hearing, Proof of Service and Explanation)
Sgd. ALC
Counsel for defendant
(Notice of Hearing)
(Proof of Service and Explanation)
2.
That in the answer of defendant filed on July 1, 1988 be admitted having signed the
promissory note and merely interposed defense that he was asking for time within which
to pay the obligation.
That said answer does not tender any issue and in fact it can be read therefrom that
defendant admitted his obligation.
WHEREFORE, it is respectfully prayed that this Honorable Court render judgement on the
pleadings.
Manila, Philippines, July 5, 1988.
XYZ
Counsel for Plaintiff
(With Notice of Hearing, Proof of Service and Explanation)
4.
WHEREFORE, it is respectfully prayed that an order be issued by this Honorable Court for a writ
of execution of said judgment.
B. PROVISIONAL REMEDIES
PETITION
Plaintiff, through counsel alleges:
1. (Averment of names and residences)
2. (State in logical order the facts of plaintiffs complaint stating the grounds for the issuance of
preliminary injunction)
PRAYER
Attorney for Plaintiff
Address
VERIFICATION & CERTIFICATION OF NON-FORUM SHOPPING
(NOTE: The form for Affidavit in support of Injunction)
JURAT
That said plaintiff is the lawful owner of the following described personal property;
2.
That on or about the 1st day of March 1988, herein defendant borrowed said property
from Plaintiff promising to return the same the next day;
3.
That on April 1, 1988, and for 10 days thereafter, the herein Plaintiff demanded for the
return of the said property but despite repeated demands, said Defendant refused and still
refuses to return the said property claiming that the same belongs to him;
4.
That said property has not been taken from the said plaintiff for tax assessment or fine
pursuant to law, or seized under an execution, or attachment against the property of the
Plaintiff (or if so seized, that it is exempted from such seizure);
5.
That the actual value of the said personal property is P10, 000.00;
6.
That the herein plaintiff is ready and willing to file a bond, executed to the defendant in
double the value of the property stated above, for the return of the property to the
Defendant if the return thereof be adjudged, and for the payment to the Defendant of such
sum as he may recover from the Plaintiff in the auction.
_________________________
Counsel
VERIFICATION & CERTIFICATION ON NON-FORUM SHOPPING
JURAT
IVx`
That on March 7, 2001, demands was made on defendant to pay his rental in arrears and vacate
the premises, but despite said demands, written and oral, defendant failed and refused to pay the rentals in
arrears and vacate the premises leased by him;
V
As a result, plaintiff was constrained to institute this case, incurring in the process obligations for
litigation expenses and attorneys fess in the amount of _______________
PRAYER
WHEREFORE, it is respectfully prayed that judgment be rendered against the defendant ordering
him:
1.
2.
To pay the monthly sum of P1, 000.00 beginning with the month of __________, 2001,
with interest thereon at the legal rate until fully paid until the defendant vacates said
premises;
3.
Plaintiff further prays for such other reliefs as this Court may deem just and equitable.
Manila, Philippines, May 1, 2001.
DEFG
Attorney for the Plaintiff
_________________________________
Address
P.T.R. No._______ Date & Place of Issue_____
IBP O.R. No._____ Date & Place of Issue_____
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
_______________________
Plaintiff
JURAT
2.
That the aforementioned parcel of land be sold at a public auction should the defendant
fail to pay the sums set forth in this complaint and apply the proceeds thereof in
accordance with the dispositions of law.
DEFG
Attorney for the Plaintiff
________________________________________
Address
1
_______________________
Plaintiff
JURAT
VERIFICATION
D. SPECIAL PROCEEDINGS
_________________________
Counsel
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
(by Petitioner)
X, upon being duly sworn deposes and says:
That I am the petitioner in the above entitled case, that I have read the contents of the said petition
and that said contents are true and correct of my own personal knowledge.
________________________
Petitioner
JURAT
That, as above stated, ____________________ is the person having the said minor in his care,
and that he possesses all qualifications to whom letters of guardianship should issue.
(Furnish a bond of not less than 10% of the value of the property or annual income, if it exceeds P50,000)
WHEREFORE, it is respectfully prayed that after due notice and hearing your petitioner be
appointed guardian over the estate of Y.
________________________
Counsel
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
_______________________
Petitioner
JURAT
JOSE DOE,
Petitioner.
x-----------------------------------------------------x
PETITION
PETITIONER, through counsel, unto this Honorable Court respectfully alleges:
1. (Averment of names, ages and residences)
2. That on ___________________, PETER DOE died without leaving any will in the City of
______________________ which was his residence at the time of his death.
3. That the names, ages, and residences of the surviving heirs of the aforementioned deceased,
are the following to wi:
Names
Ages
Relation
Residence
4. That the deceased left the following real and personal properties:
Character
Location
Probable Value
5. That, as far as petitioner knows, the following are the names of the creditors of the decedent,
to wit:
Names
Address
Amount of Credit
6. That decedent died a bachelor, leaving no descendants nor ascendants whether legitimate or
otherwise, and petitioner, is the only surviving brother of said decedent.
PRAYER
WHEREFORE, it is prayed that, after due notice and hearing letters of administration of the
estate of the deceased PETER DOE be issued to petitioner.
Place, Date and Signature
_____________________
Counsel
_____________________
Address
_______________________
Petitioner
JURAT
E. CRIMINAL PROCEEDINGS
Caption
Heading
Opening sentence
Body alleging acts or omissions constituting a crime
Contrary to law
Certification of Preliminary Investigation
Jurat
List of Witnesses
Bail Recommended
Caption
Heading
Opening sentence
Body alleging facts or omissions constituting a crime
Contrary to law
Oath of Complaint with his/her signature
Certification of Prosecutor
Jurat
Caption
Heading
Opening sentence
Body alleging facts or omissions constituting a crime
Signature
Jurat
COMPLAINT
COMPLAINT FILED BY OFFENDED PARTY BEFORE MUNICIPAL JUDGE
ACTS OF LASCIVIOUSNESS
(Caption and Title)
COMPLAINT
The undersigned, _______________, accuses _______________ of the crime of an ACT OF
LASCIVIOUSNESS, committed as follows, to wit:
That on or about _______________, in the Municipality of ______________, Province of
______________, Philippines, within the jurisdiction of this Court, the said accused, actuated by lust, did
then and there, willfully, unlawfully, and feloniously, commit an act of lasciviousness upon the
undersigned by then and there embracing and kissing her and touching her breasts and sexual organs,
against her will, and by means of force.
__________, this __________ day of __________________, 2001.
1
________________________
Offended Party
Subscribed and sworn to before me this______ day of ________________, 2001, by
_____________________, offended party.
_________________________
Municipal Judge of __________
WITNESSES:
____________________________
____________________________
INFORMATION
ABDUCTION WITH CONSENT
(Caption and Title)
INFORMATION
The undersigned, provincial fiscal, upon sworn complaint originally filed by the offended party,
accuses ______________ of the crime of Abduction with Consent, committed as follows:
That on or about ______________ in the Municipality of ____________, province of
_____________, Philippines, within the jurisdiction of this court, the said accused willfully, unlawfully,
and feloniously removed, took and carried away _________, a virgin over twelve and under eighteen
years of age, from her dwelling with her consent and with lewd designs.
Contrary to law:
____, ___________,2000
_______________________
(Provincial Prosecutor)
WITNESSES:
______________________
______________________
CERTIFICATION
NOTE: All informations, for offenses filed by the city or provincial prosecutors must contain a
certification under oath by the investigating fiscal that before filing the case he had previously conducted
a preliminary investigation wherein the accused was given a chance to appear. Such a certification under
oath may be stated substantially as follows:
A preliminary investigation has previously been conducted in this case under my direction,
having examined the witnesses in accordance with the provisions of R.A. No. 5180, as amended by P.D.
No. 77, Dec.6, 1972 and P.D. 911, March 23, 1976 and as implemented by Dept. of Justice Circular No.
74, series of 1967 and Circular No. 23, series of 1975.
______________________
Assistant Prosecutor
SUBSCRIBED AND SWORN to before me this _____ day of ____________, 2000 in the
city/municipality of ___________, Philippines, by _________________, assistant fiscal of
_______________.
_______________________
Judge, RTC of ___________
NOTE: The OK or approval by the City or Provincial Prosecutor is also required by law before any
information may be filed by any assistant fiscal.
1
NOTICE OF APPEAL
(Caption and Title)
NOTICE OF APPEAL
COMES NOW the defendant (or plaintiff as the case maybe) by the undersigned attorney, and
hereby files notice of appeal from the judgment of this Honorable Court in the above-entitled case, dated
____________ a copy of which was received by him on _______________, and appeals the same to the
Court of Appeals.
_____, _______________, 2000.
_______________________
(Attorney for the Petitioner)
_______________________
(Address)
SUBPOENA
(NOTE : A subpoena shall be signed by the clerk, or by the judge if his court has no clerk, under the seal
of the court. It shall state the name of the court and the title of the action or investigation, shall be
directed to the person whose attendance is required, and if subpoena duces tecum, it shall also contain a
reasonble description of the things demanded which must appear to the court prima facie relevant).
SUBPOENA
To: _____________________
_____________________
You are hereby commanded to appear before the Regional Trial Court of _________________,
on the _____ day of ________________, 2000, at _________ oclock A. M., then and there to testify in
the action of X against Y (here set the number of the case).
Witness the Honorable ______________, judge of said court, this ______ day of
_________________, 2000
_______________________
(Clerk)
______________________
Judge X, RTC of _______
ORDER OF ARREST
(Caption)
Case No. ____________
REPUBLIC OF THE PHILIPPINES,
Plaintiff,
-versus} ORDER OF ARREST
___________________________
Accused.
SEARCH WARRANT
(Caption)
THE PEOPLE OF THE PHILIPPINES
Plaintiff,
-versus-
________________________
Defendant,
X ---------------------------------------------- X
SEARCH WARRANT
TO ANY PEACE OFFICER:
Greetings:
It appearing to the satisfaction of the undersigned, after examining under oath (name of applicant)
and his witness (name of witness) that there are good and sufficient reasons to believe that (name of
person or persons to be searched) has in his control in premises No. _______ in (name of street), district
of _______________.
Property
______________________
Judge, RTC of __________
DEMURRER TO EVIDENCE
_________________________
(Address)
____________________________
(Name)
_________________________
(Address)
______________________
(Attorney for the Defendant)
_______________________
(Address)