Professional Documents
Culture Documents
I.
CAPTIONS
Defendant.
X------------------------------------------X
II.
ACKNOWLEDGMENT; JURAT
ACKNOWLEDGMENT
(Simple form)
S.S.
JURAT
AFFIDAVITS
AFFIDAVIT OF LOSS
Republic of the Philippines
Province Of
Municipality of
I, ___________________, of legal age, single/married, residing at
____________, after being sworn in accordance with law, depose and say:
That I am the true owner of _______________, described as follows to
wit:
(Description of property)
That the said automobile had been duly registered in my name in the
Land Transportation Office in ___________ for the year (or years)
____________;
That the certificate of registration and other pertinent papers of ownership
of said automobile were among those burned and destroyed on ____________
when my house and all my personal belongings were completely destroyed by
fire;
That said papers are now beyond recovery.
IN WITNESS WHEREOF, I have hereunto set my hand this ________
day of ________, 20__, in the Municipality of ____________, Province of
__________, Philippines.
______________________
(Signature of affiant)
JURAT
AFFIDAVIT OF SERVICE BY MAIL
Republic of the Philippines
City of Manila
AFFIDAVIT OF SERVICE
I, ___________________, as messenger of Atty. ______________, with
office address at ___________________, after being duly sworn, depose and
says:
That on ________________,2001 I served a copy of the following
pleading/paper by registered mail in accordance with Sec. 10 of Rule 13 of the
Rules of Court.
Nature of Pleading/Paper
____________________________
____________________________
____________________________
in Case No. ____________ entitled _________________________ by
depositing a copy in the post office in a sealed envelope, plainly addressed to the
party (or his attorney) at his residence (or office) with postage fully paid, as
evidenced by Registry Receipt No. _______________ attached and with
instructions to the post master to return the mail to sender after ten (10) days if
undelivered.
In witness whereof, I have hereunto set my hand this_____ day
of______, 2001, in the Municipality of__________, Province of_________,
Philippines.
_________________
______
Signature of
Affiant
AFFIDAVIT IN SUPPORT OF PETITION FOR INJUNCTION
REPUBLIC OF THE PHILIPPINES)
CITY OF MANILA
) S.S.
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
COMPLAINT WITH PRAYER FOR ATTACHMENT
(NOTE: First, state the facts showing plaintiffs right to attach defendants
properties)
REPUBLIC OF THE PHILIPPINES)
CITY OF MANILA
)S.S.
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
Lalawigan ng Rizal
)
Bayan ng Cainta
)
s. s.
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.
_____________________
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
(Description of property)
of which I am the registered owner in fee simple in accordance with the Land
Registration Act, my title thereto being evidenced by Transfer (or Original)
Certificate of Title No. ________, issued by the Register of Deeds of
___________.
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)
ACKNOWLEDGMENT
(Vendee)
of which I am the absolute owner, my title thereto being evidenced by TCT No.
_______ of the Register of Deeds of _____________ free from all liens and
encumbrances.
Seller
In the presence of:_____________________
__________________________
(NOTE: Unilateral no need for the vendee to sign, however, if vendee is obliged
to perform something, he must sign.)
ACKNOWLEDGMENT
NOTARY PUBLIC
My Comission expires Dec. 31, 2001
IBP No. ______, 1/2/2001, Pasig City
P.T.R. No.____, 2/2/2001, Pasig City
IN WITNESS WHEREOF..
_____________________
_________________
(Lessor)
(Lessee)
ACKNOWLEDGMENT
(Lessee)
ACKNOWLEDGMENT
REAL ESTATE MORTGAGE
KNOW ALL MEN BY THESE PRESENTS:
I, (full name of mortgagor), Filipino citizen, of legal age, married to
___________________, and with residence and post-office address at
___________________, for and in consideration of a loan in the sum of
___________________ PESOS (P____________), Philippine currency, to me in
hand paid by (full name of the mortgagee), Filipino, of legal age, single/married to
___________________, and with residence and post-office address at
___________________, do hereby convey, by way of MORTGAGE unto the
said (full name of the mortgagee), his/her heirs and assigns, that certain parcel of
land, together with all the buildings and improvements thereon, situated in
____________________, particularly described as follows:
(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)
With my marital consent (if married:)
____________________
(Wife of Mortgagor)
SIGNED IN THE PRESENCE OF:
__________________________
_____________________________
ACKNOWLEDGMENT
CHATTEL MORTGAGE
KNOW ALL MEN BY THESE PRESENTS:
This CHATTEL MORTGAGE, made and executed by (Full name of
mortgagor), Filipino, of legal age, single (or married to mortgagor), with residence
and post-office address at ___________________ hereinafter called the
MORTGAGOR, in favor of (full name 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 presently in the possession of the said MORTGAGOR, to wit
_____________________
(specify and describe the article or articles mortgaged).
That this CHATTEL MORTAGE is given as security for the payment of 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.
(copy of the promissory note)
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, 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 by law.
IN WITNESS WHEREOF, the MORTGAGOR has hereunto set his hand
this______ day of ________, 20____, in _______________, Philippines.
__________________
_________________
(Mortgagor)
(Mortgagee)
SIGNED IN THE PRESENCE OF:
__________________________
____________________________
ACKNOWLEDGMENT
AFFIDAVIT OF GOOD FAITH
We, the undersigned MORTGAGOR and MORTGAGEE, severally swear
that the foregoing chattel mortgage is made and executed for the purpose of
securing the obligation specified therein, and for no other purpose, and that the
same is a just and valid obligation, and one not entered into for the purposes of
fraud.
__________________________
_____________________________
(Mortgagor)
(Mortgagee)
JURAT
not 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)
(Principal)
SIGNED IN THE PRESENCE OF:
_________________________
_______________________
ACKNOWLEDGMENT
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
I, _________________________, of legal age, single (or married to
_________________), resident of ____________________, do hereby name,
constitute and appoint __________________, of legal age, single or married),
resident of _______________, to be my true and lawful attorney, for me and in
my name, place and stead within the period of_____ months (or years), to SELL,
TRANSFER
and
CONVEY,
for
the
price
not
less
than
____________________PESOS (P___________), Philippine Currency, to
whosoever may purchase or buy my Honda CRV car with plate
No._____________, Motor No._________, and Chasis No._________________,
of which I am the absolute owner, free from all liens and encumbrances; and
HEREBY GIVING AND GRANTING unto my said attorney full powers and
authority to do and perform all and every act requisite or necessary to carry into
effect the foregoing authority to sell, as fully to all intents and purposes as I might
or could lawfully do if personally present, with full power of substitution or
revocation , and hereby ratifying and confirming all that my said attorney or his
substitute shall lawfully do or cause to be done by virtue hereof .
IN WITNESS WHEREOF, I have se my hand this________ day of
_____________________, 2001, in_____________________, Philippines.
______________
______
Principal
Signed in the presence of:
____________________
____________________
ACKNOWLEDGMENT
VI. DONATIONS AND WILLS
DONATION INTER VIVOS/MORTIS CAUSA
KNOW ALL MEN BY THESE PRESENTS:
This Deed of Donation made and executed in the _____________, Philippines,
by ____________, of legal age, single/married to ____________ , Filipino citizen
and with residence and postal address at _________________, hereinafter
called the DONOR.
- favor of_______________________,of
legal
age,
single/married
to
_______________,
Filipino citizen and with residence and postal address at _______________,
hereinafter called the DONEE.
WITNESSETH:
That the Donor is the absolute owner of that certain real property situated
at ____________ and more particularly described as follows:
(description of the property)
That, for and in consideration of the love and affection of the Donor for the
Donee (and for the faithful services the latter has rendered in the past to the
former), the said Donor by these presents hereby cedes, transfers, and conveys,
by way of donation, unto said Donee the real property above described, together
with all the buildings and improvements existing thereon, free and clear of all
liens and encumbrances.
ACCEPTANCE
That the Donee does hereby accepts the foregoing donation of the abovementioned 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
LAST WILL AND TESTAMENT
Of
__________________________
(Name of Testator)
KNOW ALL MEN BY THESE PRESENTS:
II.
(Residence)
______________________
_____________________
(Witness)
___________________________
__________________________
(Witness)
(Residence)
(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. _____________
_________________ on _________________, 2001;
issued
at
Witness,
with
C.T.C.
No.
_____________
__________________ on ________________, 2001;
issued
at
Witness,
with
C.T.C.
No.
_____________
__________________ on ________________, 2001;
issued
at
Witness,
with
C.T.C.
No.
_____________
__________________ on ________________, 2001;
issued
at
all known to me to be the same persons who signed the foregoing Will, the first
as testator and the last three as instrumental witnesses, and they respectively
acknowledge to me that they signed the same as their own free will and deed.
This Will consists of ______ pages, including the page in which this
acknowledgment is written, and has been signed on the left margin of each and
every page thereof by the testator and his witnesses, and sealed with my notarial
seal.
IN WITNESS WHEREOF, I have hereunto set my hand the day, year and
place above written.
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
COMPLAINT BASED ON AN ACTIONABLE DOCUMENT (One Cause of
Action)
(Caption)
COMPLAINT
COMES NOW the plaintiff, by the undersigned counsel, and to this
Honorable Court, respectfully alleges:
1.
3.
________________________
Attorney for Plaintiff
________________________
Address
P.T.R. No.______ Date & Place of
Issue______
IBP O.R. No._____ Date & Place of
Issue_____
COMPLAINT (SEVERAL CAUSES OF ACTION)
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;
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.
__
CERTIFICATION OF NON-FORUM SHOPPING
ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES
AND COUNTERCLAIM
JUAN DELA CRUZ
Plaintiff,
CIVIL CASE NO. 12368
-versusPEDRO SANTOS
Defendant,
x------------------------------------------x
ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES
AND COUNTERCLAIM
NOW COMES the defendant in the above entitled case, and to this
Honorable Court most respectfully alleges:
1.
2.
3.
2.
That the defendant had purchases said land from plaintiff and paid
said promissory notes;
3.
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)
MOTION FOR JUDGMENT ON THE PLEADINGS
COMES NOW, the Plaintiff through the undersigned counsel and to this
Honorable Court respectfully alleged:
1.
2.
2.
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
C. SPECIAL CIVIL ACTIONS
REQUIREMENTS
MANDAMUS
IN
PETITION
FOR
CERTIORARI,
PROHIBITION
&
CASE
NO.
_______________
-versusABC
Defendant.
x---------------------------x
COMPLAINT
COMES NOW the Plaintiff in the above entitled case, through counsel,
and to this Honorable Court alleges;
I
That the plaintiff is of legal age and a resident of the City of Manila; that
defendant is likewise of legal age, residing at No. 2 Cruz Street, Manila and may
be served with summons at said address;
II
That defendant on January 7, 2001, leased from the plaintiff the premises
located at No. 7 Cruz Street, Manila, agreeing to pay monthly rental of P 1,
000.00
III
However, defendant failed to pay the aforesaid monthly rentals on their
due dates, such that as of the date hereof, his arrearages have accumulated up
to P_____________;
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
1.
2.
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
VERIFICATION
D. SPECIAL PROCEEDINGS
PETITION FOR HABEAS CORPUS
NOW COMES X, the petitioner, by his undersigned attorney, to this
Honorable Court and respectfully represents:
That he is the father of Y, who is presently in the custody of Z, maternal
grandmother of Y, who (Z) forcibly abducted him (Y) and up to now actually
restrains him (Y) of his liberty;
That despite demands, Z refuses to turn over the custody of Y to your
petitioner;
WHEREFORE, it is respectfully prayed that an order be issued to Z to
bring the minor to this Honorable Court at the hour and date to be set by this
Honorable Court, and thereafter that the custody of the minor Y be turned over to
your petitioner.
_________________________
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
PETITION FOR GUARDIANSHIP
NOW COMES X, by his undersigned attorney, to this Honorable Court and
respectfully represents:
That he is the father of the minor Y;
That Y is presently a resident of the City of Manila;
That Y is the owner of a parcel of land located in the City of Manila valued
at P50,000 and as such minor can make no transactions regarding the same;
That the nearest of kin of Y are the following:
(here mention the nearest kin and their address)
That due to the minority of the said ___________________, it is
necessary and convenient that a guardian of his person and property be
appointed;
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
PETITION FOR APPOINTMENT OF ADMINISTRATOR
(Caption and Title)
In the Matter of the Intestate
Estate of PETER DOE
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
_______________________
Petitioner
JURAT
E. CRIMINAL PROCEEDINGS
ESSENTIAL PARTS OF AN INFORMATION
1.
2.
3.
4.
5.
6.
Caption
Heading
Opening sentence
Body alleging acts or omissions constituting a crime
Contrary to law
Certification of Preliminary Investigation
7. Jurat
8. List of Witnesses
9. Bail Recommended
ESSENTIAL PARTS OF A COMPLAINT
1.
2.
3.
4.
5.
6.
7.
8.
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.
________________________
Offended Party
Subscribed and sworn to before me this______ day
________________, 2001, by _____________________, offended party.
_________________________
Municipal Judge of __________
WITNESSES:
____________________________
____________________________
of
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.
SERIOUS ILLEGAL DETENTION/KIDNAPPING
(Caption and Title)
for
Defendant)
_______________________
(Address)
(With Notice of Hearing and Proof of Service)
NOTICE OF APPEAL
(Caption and Title)
NOTICE OF APPEAL
the
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)
______________________
ORDER OF ARREST
(Caption)
Case No. ____________
REPUBLIC OF THE PHILIPPINES,
Plaintiff,
-versus} ORDER OF ARREST
___________________________
Accused.
TO ANY OFFICER OF THE LAW:
You are hereby commanded to arrest _________________________ who
is said to be at ________________________________ and who stands
__________ charged before me of the crime of ___________________, and to
bring him before me as soon as possible to be dealt with as the Rules of Court
direct. ___________________, Philippines, _____ day of _______________,
2000.
_______________________
Judge X, RTC ________
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
offense
______________________
Judge,
RTC
of
__________
DEMURRER TO EVIDENCE
(Caption and Title)
MOTION TO DISMISS BY WAY OF
DEMURRER TO EVIDENCE
Accused JUAN DELA CRUZ, through counsel, and pursuant to leave
granted by this Honorable Court in its order dated 20 May 2000, respectfully
submits this motion to dismiss by way of demurrer to evidence and alleges that:
The Indictment
The Evidence for the Prosecution
Arguments
(why the case should be dismissed; insufficiency of
evidence should be among those enumerated,
showing why the same is insufficient)
Prayer
____________________________
_________________________
(Name)
(Address)
____________________________
_________________________
(Name)
(Address)
______________________
(Attorney
for
the
Defendant)
_______________________
(Address)
PRAYER TO ST. JOSEPH OF CUPERTINO
O Great St. Joseph of Cupertino, who when on earth did obtain from God the
grace to be asked in the examinations only questions you knew. Obtain for me
the same favor in this examinations which I am now preparing for. In return I
promise to make you known and cause to be invoked through Christ, our Lord.
Amen