Professional Documents
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Legal Forms Reviewer
Legal Forms Reviewer
Legal Forms
SUMMER REVIEWER
This is a summary of basic forms.
List of requirements have been included.
For similar forms: the caption and the title have been omitted.
Only the allegations have been retained.
Pointers to Keep in Mind:
1. General Rule: Documents are printed on legal sized paper or 8.5 x 13.
Exception: Special Power of Attorney, Contracts, Negotiable Instruments such as Promissory note
2. Rule 8, Sec. 1-4, Rules of Court. Manner of Making Allegations in Pleadings
3. Rule 9, Sec. 1 & 11, Rules of Court. Effect of Failure to Plead
4. Rule 7. Parts of a Pleading (Certification against Non-Forum Shopping, Rule 5, Sec. 5)
SS the abbreviation of Scilicet means to wit; namely. It is used to particularize a general statement. The
omission of SS, in a legal document is not material so as to invalidate it.
I. CONTRACT FORMS
A. JURAT
It is that part of an affidavit where the officer certifies that the same was sworn before him. It is used in
affidavits, certifications verifications or whenever the person executing makes a statement of facts or attests to
the truth of an occurrence of an event, under oath.
SUBSCRIBED AND SWORN to before me this day of______, 2007 the affiant exhibiting to me his
Community Tax Certificate No.________ issued at Manila on January 2, 2006.
Address
Appointment No. ______ until December, _____
Roll of Attorney No. _______
PTR No. _________;
IBP No. _________;
Series No. of Commission ______
Advisers: Poncevic Ceballos; Head: Maria Felicitas Ele; Understudies: Felippe Mart Closa, Judith Lee
B. NOTARIAL ACKNOWLEDGMENT
ACKNOWLEDGEMENT It is the act of one who has executed a deed, in going before some competent
officer or court and declaring it to be his act or deed. An acknowledgement is to authenticate an agreement
between two or more persons, or where the document contains a disposition of property
Two-fold function of an acknowledgment:
1. to authorize the deed to be given in evidence without further proof of its execution; and
2. to entitle it to be recorded.
The same purposes may be accomplished by a subscribing witness going before the officer or court and
making oath to the fact of the execution, which is certified in the same manner
BEFORE ME, this ___ day of ________, 20__ in the Municipality of ____________, Province of
_________________, Philippines, personally appeared ____________________, with Residence Certificate
No. ____________ issued at ___________, __________, on __________, known to me to be the same person
who executed the foregoing instrument, and he acknowledged to me that the same is his free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day, year and
place above written.
C. DEED OF SALE
1. REGISTERED LAND
DEED OF ABSOLUTE SALE
I, __(seller)__, of legal age, married to __________, Filipino citizen, and a resident of ___________, in
consideration of the sum of __________ PESOS (P______), to me in hand paid by __(buyer)__, of legal age,
married to _________, Filipino citizen, and resident of _________, do hereby sell and convey unto said
__(buyer)__, his heirs and assigns, a parcel of land with the improvements thereof situated in __________, and
more particularly described as follows:
(Description)
of which I am the registered owner in accordance with the Land Registration Act, as amended, my title thereto
being evidenced by Original/Transfer Certificate of Title No. _____ issued by the Register of Deeds of _______.
IN WITNESS WHEREOF, I have hereunto signed these presents at the city of ________, on this __
day of ______, 2007.
____________________
(Vendor)
ACKNOWLEDGMENT
2. PERSONAL PROPERTY
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS:
I, __(seller)__, of legal age, residing at ________________, for and in consideration of the sum of
_________________
and residing at _______________, receipt whereof is hereby acknowledged, do hereby SELL and CONVEY
unto the said __(buyer)__, his heirs and assigns, the following property:
(Description of Property)
I further covenant with the said __(seller)__ that I own and have the right to sell and transfer the title
and ownership of the abovedescribed property; I will defend the same against the claims of any and all
persons whatsoever.
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of __________, 2007,
____________, Philippines.
_________________
(Vendor)
Signed in the presence of:
__________________
__________________
ACKNOWLEDGMENT
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CONTRACT OF LEASE
__(full name of lessor)__, of age, single / married, with residence and post-office address at
_____________________________; hereby leases unto __(lessee)__ of age, single / married, that certain
premises at _________________, under the following terms and conditions:
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(Lessor)
___________________
(Lessee)
WITNESSES:
_______________________
_______________________
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IN WITNESS WHEREOF, the parties hereto have signed these presents, at _______ City, this ___ day of
__________, 2007.
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________________________
(Donor)
(Donee)
WITNESSES:
______________________
______________________
ACKNOWLEDGMENT
E. 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 until fully paid. The makers and
indorsers severally waive presentment for payment, protest and notice of non-payment of this note.
___________________
(Maker)
F. BILL OF EXCHANGE
___________City, May__, 2007
For value received, pay to __(payee)__ or order the sum of __________ (P_________) PESOS,
Philippine Currency, and charge the same to the account of __(drawer)__.
_____________________
(Drawer)
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MORTGAGOR,
Filipino,
of
legal
age,
single
married
to
single
married
to
MORTGAGEE,
Filipino,
of
legal
age,
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IN WITNESS
WHEREOF,
the mortgagor has hereunto set his hand, this __ day of ________________,
____________________
(Mortgagee)
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H. CHATTEL MORTGAGE
DEED OF CHATTEL MORTGAGE
KNOW ALL MEN BY THESE PRESENTS:
This CHATTEL MORTGAGE, made and executed by __(mortgagor)__, Filipino, of legal age, single (or
married to __________________), with residence and post-office address at _______________________
hereinafter called the MORTGAGOR in favor of __(mortgagee)__, Filipino, of legal age, single (or married to
____________________), with residence and post-office address at __________________ hereinafter called
the MORTGAGEE,
Witnesseth:
That the MORTGAGOR does hereby convey by way of chattel mortgage unto the MORTGAGEE the
following described personal property, situated and ordinarily kept at ___________________ and presently in
the possession of the said MORTGAGOR, to wit:
(Specify and describe the article or articles mortgaged.)
That this CHATTEL MORTGAGE is given as security for the payment to the MORTGAGEE, of a certain
promissory note, dated ____________________, for the sum of _____________ PESOS (P___________),
with interest thereon at the rate of __________________ (__%) per centum per annum, according to the terms
thereof, and in the words and figures following:
(Copy the promissory
note)
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That the condition of this CHATTEL MORTGAGE is such that if the said MORTGAGOR, his heirs,
executors, or administrators shall well and truly perform the full obligation above stated according to the terms
thereof, then this CHATTEL MORTGAGE shall be null and void; otherwise, it shall remain in full force and effect
and shall be enforceable in the manner provided for by law.
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______________________
(Mortgagor)
(Mortgagee)
JURAT
I. PLEDGE
PLEDGE
This AGREEMENT, made and entered into this ___ day of __________, 2007 by and between
__________ of age, single, and residing at _________________, Philippines, now and hereinafter called the
Pledgor, and _______________________ likewise of age, married, and residing at
________________________, Philippines, now and hereinafter called the Pledgee.
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Witnesseth:
That WHEREAS, the Pledgor has executed a promissory note dated ______, 2007, in favor of the
Pledgee and made payable within ____ (__) days after date at ________________, Philippines, for amount of
___________________ (P_______) Pesos, Philippine Currency;
WHEREAS, the Pledgor has agreed with the Pledgee to secure the payment of the said note;
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______________________________
Pledgor
_______________________________
Pledgee
In the presence of:
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_________________________
ACKNOWLEDGMENT
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IN WITNESS WHEREOF, I have hereunto set my signature this, __ day of _______, 2007 at
________.
________________________
Principal
Witnesses:
________________________
________________________
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ACKNOWLEDGMENT
K. ASSIGNMENT
DEED OF ASSIGNMENT
Know All Men By These Presents:
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______________________
(Assignor)
_______________________
(Assignee)
_______________________
ACKNOWLEDGMENT
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MAKATI CITY
} S.S.
SECRETARYS CERTIFICATE
I, Katerina Staahl, Filipino, of legal age, with office address at 1434 Ayala Avenue, Makati City, after
being sworn in accordance with law, do hereby depose and state as follows:
1. That I am the incumbent Corporate Secretary of Disk Drives Unlimited, a corporation duly organized
and existing under Philippine laws, with principal office at 1434 Ayala Avenue, Makati City,;
2. That during the special meeting of the Board of Directors held on 5 January 2007, wherein a quorum
was present and acted throughout, after being informed of the necessity of obtaining loans and/or credit
accommodation with any banking/ lending institution, to generate funds for the purpose of expanding
the business of exporting hard disk drives, the Board approved the following resolution, to wit:
RESOLUTION NO. BD-028-2007
RESOLVED, as it is hereby resolved, that the corporation be empowered and
authorized to apply for, negotiate, obtain loans from DI BASTA BASTA BANKING INC.,
including the renewal, extension and/or increase, rollover or restructuring thereof,
and/or of its existing credit facilities in such amount(s) and under such terms and
conditions as may be mutually agreed upon, and to secure and guarantee the payment
of the aforesaid loan or credit facilities by means of mortgage, pledge, assignment or
any other form of encumbrance upon any and all properties or assets of the
corporation of whatever kind or nature, real or personal, as may be sufficient or
required for the purpose.
RESOLVED FURTHER, as it is hereby resolved, that ISIDRO BARRIOS, the
President,
be authorized
to sign, execute, and deliver any and all documents including
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letters of credit, promissory note, draft, surety agreement, trust receipt, mortgages,
pledge, assignment, and the like, including the
renewals/extensions/increase/amendments/restructuring thereof, in order to effectuate
the foregoing matters.
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POSITION
Isidro Barrios
SIGNATURE
President
___________________________
Corporate Secretary
A. CAPTION
REPUBLIC OF TE PHILIPPINES
SUPREME COURT
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Manila
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B. TITLE
BITOY VALENZUELA
Plaintiff,
-versus-
PAOLO ONTI,
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Defendant.
x------------------------------------------------x
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C. SIGNATURE OF COUNSEL
BITOY VALENZUELA
Counsel for ___(plaintiff/ defendant)__
Address: _______________
Roll of Attorney No. _______________
IBP No. ____________, issued
on _______ at __________.
PTR No. _____________, issued
on _______ at __________.
D. PROOF OF SERVICE
RECEIVED COPY this __
day of ________, 2007.
Name of Counsel
Cousel for Plaintiff / Defendant (adverse party)
Roll of Attorneys No. ______
IBP OR No. ______, issued on ______ at _________.
PTR OR No. ______, issued on ________ at ________.
E. NOTICE OF HEARING
It is important to note that the a notice of hearing shall be required only to petitions or motion before trial courts,
such as the MTC and the RTC, and not to the CA and the SC.
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Name of counsel
Counsel for __(adverse party)__
Address: ___________________
Sir / Maam:
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Signature of Counsel
F. EXPLANATION
EXPLANATION 1
Copy of the foregoing complaint was served upon defendants counsel by registered mail, personal
service not being practicable at the present time, due to the messengerial constraints.
G. VERIFICATION
VERIFICATION It is an averment by the party making a pleading that he is prepared to establish the truth of
the facts which he has pleaded. A pleading is verified by an affidavit stating that the person verifying has read
the pleading and that the allegations thereof are true of his own knowledge.
Verifications based on information and belief, or upon knowledge, information, and belief shall be deemed
insufficient. (Rule 7, Sec. 6, Revised Rules of Court)
__(Name of affiant)__, after being sworn in accordance with law, deposes and says: That he (her) is
the petitioner in the above-entitled case; that he has caused the (above) foregoing petition (complaint) to be
prepared and has read the contents thereof; that the allegations therein are true and correct of his (her) own
knowledge.
___________________________
Affiant
JURAT
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I have not heretofore commenced any action or proceeding involving the same issues before
the Supreme Court, the Court of Appeals, or any other tribunal or agencies;
2.
To the best of my knowledge, no such action or proceeding is pending in the Supreme Court,
If I should hereafter learn that a similar action or proceeding has been filed or is pending before
the supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report such
fact within five (5) days therefrom to the Honorable Court.]
Place and date.
_____________________
(Signature of Plaintiff)
JURAT
J. VERIFICATION AND CERTIFICATION AGAINST NON-FORUM SHOPPING
VERIFICATION AND CERTIFICATION AGAINST NON-FORUM SHOPPING
I, ___________, of legal age, after being sworn in accordance with law, depose and state that:
1. I am the plaintiff in this case. I have been duly authorized to execute this verification and
certification.
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________________,
Plaintiff,
-versus-
________________,
Defendant.
x------------------------------------x
(TITLE)
(Plaintiff/Defendant), through Counsel, unto this Court, respectfully alleges:
(Body)
- Allegations -
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(Prayer)
(Plaintiff/Defendant) prays for such other reliefs as this Honorable Court may deem just and equitable.
Page 20 of 54
Signature of Counsel
VERIFICATION, if required
CERTIFICATE OF NON-FORUM SHOPPING, when appropriate
NOTICE OF HEARING, if required
PROOF OF SERVICE
EXPLANATION
CIVIL
Caption
2.
Parties
3.
4.
5.
Prayer/Relief Sought
6.
Signature of Counsel
7.
8.
Notice of hearing
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A. Complaint forTIFF
Collection
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Plaintiff ______________ (hereafter Plaintiff) is a Filipino citizen, of legal age, married and
Page 21 of 54
residing _______________________________ where he may be served with summons and other court
processes;
3.
That on August 1, 1990, defendant executed a promissory note in favor of the plaintiff in the
amount of P________ payable within 30 days from the date of the promissory note (attached as Annex A)
which reads as follows:
Manila, Philippines
1 August 1990
I promise to pay Juan dela Cruz the sum of P50,000 or order within 30 days from this
date.
PEDRO REYES
4.
That the 30-day period had elapsed and despite demands made orally and in writing (attached
as Annex B) by the plaintiff, defendant refused and failed to pay the amount stated in the promissory note.
5.
That due to the unjust refusal of defendant to comply with the demands, plaintiff was compelled
to file the instant action engaging the services of counsel in the amount of P10,000.00.
WHEREFORE, plaintiff respectfully prays for judgment in his favor through a Decision directing
defendant to pay him FIFTY THOUSAND PESOS (P50,000.00), with legal interest, as ACTUAL DAMAGES and
TEN THOUSAND PESOS (P10,000.00) as Attorneys Fees.
Other just and equitable reliefs are also prayed for.
Place and date.
Signature of Counsel
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
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Signature of Counsel
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That plaintiff is married, Filipino citizen and residing at _______________ where he may be
served with court processes, motions, and decision while defendant is a Filipino citizen, married and residing at
____________________ where he may be served with summons and other court processes;
2.
That plaintiff is the owner of a land over which an apartment had been constructed, located at
That by virtue of a contract of lease, plaintiff leased unto the defendant the aforesaid apartment
for a consideration of P5,000.00 (Five Thousand Pesos) a month as rental to be paid within the first ten days of
each month starting December 1, 2006;
4.
That defendant failed to pay the agreed rental for several months starting from February 2007
up to the present;
5.
That on April 2, 1993, plaintiff sent a letter of demand to vacate the apartment which was
received by the defendant as shown in the registry return receipt hereto attached;
6.
That despite said letter of demand which was repeated by oral demands defendant failed and
still refused to pay the agreed amount of rentals and to vacate the apartment;
7.
That by reason of the failure of the defendant to vacate the premises and to pay the unpaid
rentals, plaintiff was compelled to file this complaint engaging he services of counsel in the amount of P10,000.
WHEREFORE, it is respectfully prayed that judgment be rendered ordering the defendant to vacate the
premises to pay the unpaid monthly rentals in the amount of P50,000 and further rentals until the said
defendant fully vacates the premises and to pay the costs of the suit.
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________________,
Respondent.
x------------------------------------x
COMPLAINT
I hereby complain against respondent ____________ for violation of my rights and interest committed
in the following manner:
(Body)
- Allegations -
(Prayer)
WHEREFORE, it is respectfully prayed that____________________
Copy relief prayed for
Made this_____day of__________, 200__
Punong Barangay/
Lupon
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Summons and notices of hearing sent to the parties. If the parties could not settle their dispute, the Pankat
Secretary of the Office of the Lupon Tagapamayapa shall issue a Certificate to file action.
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Signature of Counsel
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Please enter the appearance of the undersigned as counsel for defendant _______________, with her
2
Notice of hearing shall not be necessary in case of a motion for extension of time filed by defendant to submit answer to a complaint
for the such an extension is a matter of right on the part of the defendant, therefore making a hearing unnecessary.
Page 27 of 54
I. WITHDRAWAL OF COUNSEL
(Copy Caption and Title)
WITHDRAWAL OF APPEARANCE
THE BRANCH CLERK OF COURT
Regional Trial Court
Quezon City-Branch 101
Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff
__________________, with his express conformity as indicated below, in this case. Henceforth, kindly address
all pertinent notices to plaintiff at his address given in the Complaint.
RESPECTFULLY SUBMITTED.
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Signature of Counsel
WITH MY CONFORMITY:
Page 28 of 54
J. Motion to Dismiss
(Copy Caption and Title)
MOTION TO DISMISS
COMES NOW, the defendant, through counsel, respectfully moves this Honorable Court to dismiss the
plaintiffs complaint on the following grounds:
1.
That the claim set forth in the plaintiffs complaint has been released;
2.
That said claim or demand is unenforceable under the provisions of the statute of frauds.
ARGUMENTS
(a)
That the claim or demand set forth in the plaintiffs complaint has been released.
(Here state the reasons to support the first ground.)
(b)
That said claim or demand is unenforceable under the provisions of the Statute of Frauds.
(Here state the reasons to support the second
grounds.)
WHEREFORE, in view of all the foregoing, the undersigned attorney prays that plaintiffs complaint to
be dismissed, with costs against the plaintiff.
Place and date.
Signature of Counsel
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NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
Page 29 of 54
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
L. Motion to Lift Order QuickTime
of Default
and a
That the summons issued by this court was served in an address which was not the correct
That the defendant was not duly informed about said complaint against him, hence, he was not
That if properly served with the summons he will file his answer and has a good and valid
defense.
WHEREFORE, defendant respectfully prays the order of default issued by this Honorable Court be
lifted and he be allowed to file his answer and a new trial be held.
Place and date.
Signature of Counsel
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
M. Pre-trial Brief
(Copy Caption and Title)
PRE-TRIAL BRIEF
DEFENDANT, by counsel, respectfully submits his Pre-Trial Brief, as follows:
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(Enumerateareand
describe
evidence sought to be presented.)
5.2. Defendant reserves the right to present any and all documentary evidence, which shall become
relevant to rebut plaintiffs claims in the course of trial as well as any other witnesses whose testimony will
become relevant to belie plaintiffs witnesses, if necessary.
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Signature of Counsel
PROOF OF SERVICE
Page 33 of 54
(allege facts showing intervenors legal interest in the matter under litigation, and that he may
Allowing movant to intervene will not unduly delay the adjudication of the case and will prevent
multiplicity of suits
3.
Copy of the complaint-in-intervention is attached hereto and is served on the original parties, as
PROOF OF SERVICE
EXPALANATION
Page 34 of 54
In defendants answer to the complaint, which is for aa sum of money, he claims that he ahs
paid the principal amount and the remaining issue refers merely to a proper computation of the interest.
However, defendant did not attach to his answer any alleged receipt issued by plaintiff to show his payment
2.
The burden of showing payment rests on defendant, by showing receipt of payment, if any. A
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a connection, plaintiff asserts, under oath, that defendant has not paid the
verbal claim is not sufficient.
In and
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principal amount. While he issued a check as payment of his obligation, the check when deposited was
dishonored for insufficiency of funds. Copy of the returned check is attached hereto as Annex A. Plaintiff duly
informed defendant of the dishonor of his check, but he ignored it, prompting plaintiff to file the instant
complaint.
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With respect to the computation of the 12% interest, the same is a matter of mathematical or
arithmetical computation, which raises no factual issue. For this purpose, enclosed is the computation of such
interest, whcih is attached hereto as Annex B.
4.
WHEREFORE, plaintiff prays for judgment, as prayed for in the complaint, and for such other reliefs as
may be just and equitable in the premises.
Place and date.
Signature of counsel
VERIFICATION
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
On 5 May 1998, plaintiff sued defendant for a sum of money in the amount of
______________(P_________).
2. Defendant admitted
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3. The Answer admits the material allegations of the Complaint and has not tendered any issue;
consequently, a judgment on the pleadings may be rendered.
WHEREFORE, plaintiff respectfully prays that this Honorable Court render a judgment on the pleadings
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DESCRIPTION
Confirmation Advice issued to Eugenio Villireal III indicating the
amount of Ten Million pesos (P 10,000,000.00) as the amount of
money lent
Exhibit A-1
Exhibit A-2
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PURPOSE
The foregoing exhibits are being offered to prove the following facts:
1. Eugenio Villareal III invested Ten Million Pesos (P 10,000,000.00) with Defendant ABC Capital
Corporation and correspondingly, a confirmation advice was issued indicating that plaintiffs money was
lent to XYZ Realty, Inc.
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PROOF OF SERVICE
T. Motion for Execution
(Copy Caption and Title)
MOTION FOR EXECUTION
PLAINTIFF, through the undersigned counsel, and to this Honorable Court, respectfully alleges:
1.
The decision
in and
favor
plaintiff has become final and executory since more than fifteen (15) days
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2.
After a decision has become final, execution is a matter of right on the part if the prevailing
PROOF OF SERVICE
U. Notice of Lis Pendens
(Copy Caption and Title)
NOTICE OF LIS PENDENS
THE REGISTER OF DEEDS
____________ City, ________ Province
Please take notice that a parcel of land covered by TCT No. ______ located in _______________;
registered in the name of defendant is the subject matter of an action for reconveyance of an undivided onesixth portion thereof filed by__________, above-named plaintiff. Accordingly, please record this notice on the
title.
RESPECTFULLY
SUBMITTED.
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The following findings or conclusions in the decision are not supported by the evidence, to wit:
(Copy conclusions and cite law, which does not support the same.)
WHEREFORE, defendant prays that the decision be reconsidered and set aside, and a new one
rendered in favor of herein defendant, to the end that the complaint be dismissed.
Defendant further prays for such other reliefs as may be just and equitable in the premises.
Place and date.
Signature of Counsel
NOTICE OF HEARING
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PROOF OF SERVICE
EXPLANATION
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2.
Defendant has good and valid defenses to defeat plaintiffs claim, (State valid defenses.)
3.
In support of this motion, defendant attaches herewith as part hereof, his affidavit supporting
the accident or mistake and his good and valid defenses to defeat plaintiffs claim, as Annex 2
WHEREFORE, defendant prays that the decision be reconsidered, that he be granted a new trial, that
the case be set for pre-trial and trial on the merits, and thereafter a new judgment be rendered holding
defendant free and harmless from any liability and dismissing the complaint
Place and date.
Signature of Counsel
VERIFICATION
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
X. Motion for New Trial on the Ground of Newly Discovered Evidence
Page 41 of 54
2.
Since said date or receipt if the judgment and before the period to appeal therefrom has
The affidavit of ___(name of witness)__, by whom such newly discovered evidence is expected
to be given, is attached hereto as Annex 1. Duly authenticated documents, which are proposed to be
introduced in evidence, are attached hereto as Annexes 2 and 3.
5.
The above newly discovered evidence would probably alter the results of the case.
WHEREFORE, defendant prays that the decision be reconsidered, the case re-opened for trial,
defendant be allowed to present his newly discovered evidence thereat, and thereafter judgment be rendered in
favor of defendant.
Place and date.
Signature of Counsel
VERIFICATION
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
Y. Motion for Relief from Judgment
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The trial court rendered an adverse judgment against him dated __________, which he learned
when plaintiff informed him that he would take steps to execute the same, as it had become final.
2.
(Allege facts constituting fraud, accident, mistake, or excusable negligence attending the
scheme) which prevented his having his day in court and showing his good and valid defenses.
4.
The instant petition is filed within sixty (60) days after the petitioner learns of judgment, final
order, or other proceeding to be set aside, and not more than six (6) months after such judgment or final order
was entered, or such proceeding was taken;
WHEREFORE, defendant as petitioner prays that the judgment be set aside, the case re-opened,
defendant be allowed to present his evidence, and thereafter another judgment be rendered in favor of
defendant, dismissing plaintiffs complaint.
Defendant further prays for such other reliefs as may be just and equitable in the premises.
Place and date.
Signature of counsel
VERIFICATION
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
Z. Motion to Disqualify the Judge
(Copy Caption and Title)
MOTION TO DISQUALIFY THE JUDGE
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moves this Honorable Court to desist from trying the above-entitled case on the following averments:
1. That defendant has been summoned before this Honorable Court;
2. That it appears that there is danger of partiality, bias and prejudice in favor of the plaintiffs for the
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(State the capacity and residence of the petitioner, and of the respondent).
2.
(State the facts and circumstances under which the respondent (tribunal, board, or officer
3.
(State that there is no appeal from such decision, nor any plain, speedy, and adequate remedy
That a certified true copy of the decision (or order) herein sought to be reviewed is hereto
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irreparable injury to petitioner. Allege also that petitioner is ready to post a bond in an amount to be fixed by the
Court conditioned upon the payment to respondents of any damages suffered arising from the writ should
petitioner be found not to be entitled to the writ.)
5. There is no appeal from such decision, nor any plain or adequate speedy remedy in the ordinary
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The petitioner is of legal age, (State capacity and residence of both the petitioner and
respondent);
2.
(State the facts and circumstances whereby the respondent unlawfully neglected the
performance of an act which the law specifically enjoins as a duty resulting from an office, trust, or station or
unlawfully excluded the petitioner from the enjoyment of a right or office to which the petitioner is entitled.);
3.
The petitioner has no other plain, speedy and adequate remedy in the ordinary course of law,
The petitioner by reason of the wrongful act of the respondent has sustained damages in the
issued, commanding the respondent forthwith to: (state act required to be done), with damages and costs.
Place and date.
Signature of Counsel
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That
petitioner
is
of
legal
age,
married,
Filipino
citizen
and
residing
at
_____________________ where he may be served with court processes, motions, and decision; that
respondent _________________ is the Register of Deeds of ____________________ where he may be
served with summons and other court processes;
2.
and covered by Transfer Certificate of Title No. ________, Register of Deeds of __________, free of any
encumbrances;
3.
That on _____________ the office of the register of Deeds of ____________ was burned and
all the Torrens Titles in said office including T.C.T. No. _______ were burned;
4.
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VERIFICATION
SPECIAL PROCEEDINGS
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Petitioner is of legal age, widow of the late Bitoy Valenzuela, and with residence at
________________, her husband having died on _______________ leaving no will, in the City of Manila and
resided at ______________, which haw his last residence at the time of his death.
2.
The deceased was survived by his wife, herein petitioner, and two children with following
elatives of the
deceased:
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WHEREFORE, petitioner prays that after notice, publication and hearing, petitioner be issued letters of
administration of the estate of her late husband, Bitoy Valenzuela, and for such other reliefs as are provided in
the Rules of Court.
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2.
He has been a bona fide resident of the province of ______________since the year_____, or
at least three (3) years prior to the date of filing of this petition;
3.
His present name as recorded is________________ and that he is also known as (state
4.
5.
aliases)
WHEREFORE, it is respectfully prayed that, after due notice and publication in accordance with the
Rules of Court and hearing this Honorable court adjudge that the petitioners name of ___________ be
changed to_______________.
Signature of Counsel
VERIFICATION
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CRIMINAL
A. Complaint-affidavit
Republic of the Philippines
)
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) s.s.
COMPLAINT-AFFIDAVIT
I, _________, of legal age, Filipino, and resident of ___________________, do hereby state under oath
that:
1. I am a member of the ____________________(Association) and was formerly a Director and
Corporate Secretary of the Association.
2. I accuse and hereby charge _____________, residing at ________________, of violating Article
358 of the Revised Penal Code (Slander and Oral Defamation), committed against me when he publicly,
maliciously and deliberately uttered defamatory remarks against me during the Board Meeting of the
Association on _____________. This is attested to by the following exchange that transpired between
___(respondent)__ and the other members of the Board in attendance:
(Quote Exchange)
Attached as ANNEX A is a copy of the official transcript of the meeting.
3. Prior resort to the Barangay conciliation system proved fruitless as __(respondent)__ did not retract
his remarks. Consequently, a Certification to File Action was issued by the Barangay Chairperson, a copy of
which is attached as ANNEX B.
4. There is no other person named __(complainants name)__ residing at ____________ nor is there
any other person named __(complainants name)__, who has acted as Board Member of the Association.
Consequently, __(respondent)__s public and defamatory utterance was clearly a reference to me and to no
other.
5. Respondents remarks, calling me a swindler twice over, uttered in a public meeting are clearly
insulting and defamatory as they malign me and attribute to me a criminal act, nature and predisposition.
There is, moreover, no doubt that respondents use of the word swindled was deliberate as his explanation
and clarification a few utterances thereafter would show. Respondents remarks are also very serious as they
cast aspersions on my reputation, character and very person before my peers and fellow homeowners.
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6. Respondents remarks have injured my name, reputation and character before my neighbors and
peers. While my name, reputation and character are incapable of pecuniary estimation as these are the result
of a lifetimes effort to build a name, reputation and character that my children and their children can be proud to
bear, respondent cannot be allowed to simply go scot-free without bearing the consequences of his acts. For
this reason, I am also holding respondent liable civilly for defaming me in the amount of _____________
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ARGUMENT
The Information alleges that the accused ________________ is eleven (11) years old and without any known
address. Under Article 12, paragraph 3 of the Revised Penal Code, a person over nine years of age and under fifteen,
unless he acted with discernment, is exempt from criminal liability.
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2. The prosecution has failed to adduce sufficient evidence of guilt such as would shift the burden of
proof.
(Allege circumstances showing insufficiency of evidence.)
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