Legal Forms and

Practical Exercises
Atty. Estaniel
Kinds of Cases
 Civil action. A civil action is one by which a party sues another for
the enforcement or protection of a right, or the prevention or redress
of a wrong. (Rule 1, Section 3a, Rules of Court)
A civil action may either be ordinary or special. Both are
governed by the rules for ordinary civil actions, subject to the
specific rules prescribed for a special civil action. (Rule 1,
Section 3b, Rules of Court)

 Criminal action. A criminal action is one by which the State

prosecutes a person for an act or omission punishable by law. (Rule
1, Section 3c, Rules of Court)

 Special proceeding. A special proceeding is a remedy by which a

party seeks to establish a status, a right, or a particular fact. (Rule 1,
Section 3d, Rules of Court)
Civil Case
 Civil Action – A civil action is commenced by the filing of the
original complaint in court. If an additional defendant is
impleaded in a later pleading, the action is commenced with regard
to him on the date of the filing of such later pleading, irrespective of
whether the motion for its admission, if necessary, is denied by the
court. (Rule 1, Section 5, Rules of Court)
Rules of Court
Jurisdiction
 Where the causes of action are between the same parties but
pertain to different venues or jurisdictions, the joinder may be
allowed in the Regional Trial Court provided one of the causes
of action falls within the jurisdiction of said court and the venue
lies therein (Section 5, Rule 2)
Venue
Real actions are commenced and tried in the proper
court which has jurisdiction over the area wherein the
real property involved, or a portion thereof, is
situated. (Section 1, Rule 4)

 Action to quiet title

 Disputes over land – boundary disputes
Venue

Personal actions are commenced and tried:

 Where the plaintiff or any of the principal plaintiffs
resides, or
 Where the defendant or any of the principal
defendants resides, or
 If a non-resident defendant, where he may be found,
at the election of the plaintiff. (Section 2, Rule 4)

 Collection of a sum of money

 Acknowledgment / Filiation
Venue

Personal actions are commenced and tried:

 If any of the defendants does not reside and is not
found in the Philippines, and the action affects the
personal status of the plaintiff, or any property of
said defendant located in the Philippines, the action
may be commenced and tried in the court of the
place where the plaintiff resides, or where the
property or any portion thereof is situated or found.
(Section 3, Rule 4)
Parties to a Civil Action (Rules of Court)
 Who can be a party to a civil action?
 Natural persons (Rule 3, Section 1)
 Juridical persons (Rule 3, Section 1)
 Entities authorized by law may be parties in a civil
action. (Section 1, Rule 3)
 “Plaintiff” may refer to the claiming party, the
counter-claimant, the cross-claimant, or the third
(fourth etc.)—party plaintiff. (Section 1, Rule 3)
 “Defendant” may refer to the original defending
party, the defendant in a counterclaim, the cross-
defendant, or the third (fourth, etc.)—party
defendant. (Section 1, Rule 3)
Parties to a Civil Action (Rules of Court)
 Civil cases are prosecuted for or in behalf of the real party in
interest, unless otherwise authorized by law or the Rules.
(Section 2, Rule 3)
Parties to a Civil Action (Rules of Court)
 In behalf of others,
 Include the beneficiary (real party in interest) in the title of the
case. (Section 3, Rule 3)
 Guardian, an executor or administrator
 Agent acting in his own name and for the benefit of an
undisclosed principal, except when the contract involves
things belonging to the principal. (Section 3, Rule 3)
 Father, mother, guardian / guardian an litem on behalf of the
minor or incompetent person. (Section 5, Rule 3)

 Spouses. Husband and wife shall sue or be sued jointly, except

as provided by law. (Section 4, Rule 3)
Parties to a Civil Action (Rules of Court)
 Real parties in interest are those who:
 Stands benefit or be injured by the judgment in the suit,
(Section 2, Rule 3)
 Party entitled to the avails of the suit. (Section 2, Rule 3)

 Indispensable parties are those without whom no final

determination can be had. They must be included as parties to
the case. (Section 7, Rule 3)

 Permissive parties are all persons who have a right to relief in

the same transaction or series of transactions, whether jointly,
severally, or in the alternative.
 Common questions of law or fact to all such plaintiffs or
to all such defendants may arise in the action
 Court may make such to prevent any plaintiff or
defendant from being embarrassed or put to expense in
connection with any proceedings in which he may have
no interest. (Section 6, Rule 3)
Parties to a Civil Action (Rules of Court)
 Necessary parties are those who ought to be joined as a party
if complete relief is to be accorded as to those already parties,
or for a complete determination or settlement of the claim
subject of the action. (Section 8, Rule 3).

 Allowable actions by the Court:

 Proceed even without including necessary parties. The

judgement rendered is without prejudice to the rights of

the necessary party. (Section 9, Rule 3)
 Order the inclusion in the case of a necessary party,

whenever meritorious. The failure to comply with the

order for his inclusion, without justifiable cause, shall be
deemed a waiver of the claim against such party. The
motion for inclusion must state the name and reason for
the non-inclusion. (Section 9, Rule 3)
Parties to a civil action:
Albert married Christine in the city hall of Manila. They had a
daughter, Stella. Albert fathered a son with Wanda, his secretary of
20 years, whom Wanda named Joey, born on 20 September 1981.
Albert died on 13 August 1993 while Christine died on 3 December
1993, leaving Stella as their sole heir, and holder of the estate of her
father and mother. Stella resides in Makati, while Wanda resides in
Cainta. Bulk of Albert’s estate is in Makati Since Albert inherited
from his parents, his estate includes properties in Cebu and Davao.
Wanda wants to file a petition to declare Joey as an acknowledged
illegitimate son of Albert.

 Where is the proper venue?

 Who is the petitioner?
Parties to a Civil Action (Rules of Court)
 When the presence of parties other than those to the original
action is required for the granting of complete relief in the
determination of a counterclaim or cross-claim, the court shall
order them to be brought in as defendants, if jurisdiction over
them can be obtained. (Section 12, Rule 6)

 Misjoinder and non-joinder of parties are not grounds for

dismissal of an action. Parties may be dropped or added by
order of the court on motion of any party or on its own initiative
at any stage of the action and on such terms as are just. Any
claim against a misjoined party may be severed and proceeded
with separately. (Section 11, Rule 3)
Parties to a Civil Action (Rules of Court)
 Class suit is one where the subject matter of the controversy
is of common or general interest to many persons so
numerous that it is impracticable to join all as parties. A
number of them which the court finds to be sufficiently
numerous and representative as to fully protect the interests of
all concerned may sue or defend for the benefit of all. (Section
12, Rule 3)

 If the plaintiff is uncertain against who of several persons he is

entitled to relief, he may join any or all of them as defendants in
the alternative, even if the right to relief against one may be
inconsistent with a right of relief against the other. (Section 13,
Rule 3)
Parties to a Civil Action (Rules of Court)
 If the identity or name of a defendant is unknown, he may be
sued as the unknown owner, heir, devisee, or by such other
designation as the case may require; when his identity or true
name is discovered, the pleading must be amended
accordingly. (Section 14, Rule 3)

 If defendants are two or more persons not organized as an

entity with juridical personality enter into a transaction, they
may be sued under the name by which they are generally or
commonly known. In the answer of such defendant the names
and addresses of the persons composing said entity must all
be revealed. (Section 15, Rule 3)
Parties to a Civil Action (Rules of Court)
 Indigents may litigate their cause of action after the court is
satisfied that the party has no money or property sufficient and
available for food, shelter and basic necessities for himself and
his family. Any adverse party may contest the grant of such
authority at any time before judgment is rendered by the trial
court. (Section 21, Rule 3)

 If a party refuses to join as a co-plaintiff, he can be named as a

defendant and the reasons for this should be stated in the
complaint. (Section 10, Rule 3)
Parties to a Civil Action (Rules of Court)
 Change in circumstances of the parties during litigation
 Death of the party
 Whenever a party to a pending action dies, and the claim
is not thereby extinguished, counsel must inform the
court of that fact and give the name and address of his
legal representative or representatives. (Section 16, Rule
3, Rules of Court).
 Parties now are the
 Heirs of the deceased
 Court-appointed guardian ad litem for the minor
heirs.
 Executor/administrator nominated by the opposing
party. (Section 16, Rule 3, Rules of Court)
 If the party is a public offer in his official capacity and he
ceases to hold office, the action may continue against
his successor.
Parties to a Civil Action (Rules of Court)
 Change in circumstances of the parties during litigation
 Incompetency or incapacity of the party
 If a party becomes incompetent or incapacitated during
litigation, the legal guardian / guardian ad litem may
represent the party. (Section 18, Rule 3)

 In case of any transfer of interest, the original party

remains unless the court directs the transferee to be
substituted in the action, or joined in the action with the
original party. (Section 19, Rule 3)
Basis for the Complaint (Rules of Court)
 Every ordinary civil action must be based on a cause of action
(Rule 2, Section 1)

 A cause of action is the act or omission by which a party

violates a right of another. (Rule 2, Section 2)
 Example: Breach of contract, negligence
 Elements of a cause of action in case of breach of contract:
 There was a valid contract.

 The plaintiff performed as specified by the contract.

 The defendant failed to perform as specified by the

contract. The plaintiff suffered an economic loss as a

result of the defendant's breach of contract
General Guidelines (Rules of Court)
 A party may not institute more than one suit for a single cause
of action. (Rule 2, Section 3, Rules of Court)

 If two or more suits are instituted on the basis of the same

cause of action, the filing of one or a judgment upon the merits
in any one is available as a ground for the dismissal of the
others. (Rule 2, Section 4, Rules of Court)
 General Guidelines (Rules of Court)
 Exception: Joinder of actions
 A party may in one pleading assert, in the alternative or
otherwise, as many causes of action as he may have against an
opposing party, subject to the following conditions:
 The party joining the causes of action shall comply with the
rules on joinder of parties and shall not include special civil
actions or actions governed by special rules;

 Where the causes of action are between the same parties

but pertain to different venues or jurisdictions, the joinder
may be allowed in the Regional Trial Court provided one of
the causes of action falls within the jurisdiction of said
court and the venue lies therein;
 General Guidelines (Rules of Court)
 Exception: Joinder of actions
 A party may in one pleading assert, in the alternative or otherwise,
as many causes of action as he may have against an opposing
party, subject to the following conditions:
 Where the claims in all the causes of action are principally for
recovery of money, the aggregate amount claimed shall be the
test of jurisdiction. (Rule 2, Section 5,)

 Effect of a misjoinder
 Misjoinder of causes of action is not a ground for dismissal of
an action. A misjoined cause of action may, on motion of a
party or on the initiative of the court, be severed and proceeded
with separately. (Rule 2, Section 6)
Criminal Case
 A criminal action is one by which the State
prosecutes a person for an act or omission
punishable by law. (Rule 1, Section 3c, Rules of
Court)
Venue (Rules of Court)
 Venue (Section 15, Rule 110)
 Criminal action is instituted and tried in the municipality or
territory where the offense was committed or where any of
its essential ingredients occurred.
 Where offense is committed in a train, aircraft, or other
public or private vehicle in the course of its trip, the criminal
action shall be instituted and tried in the court of any
municipality or territory where such train, aircraft, or other
vehicle passed during its trip, including the place of its
departure and arrival.
 Where the offense is committed on board a vessel in the
course of its voyage, the criminal action shall be instituted
and tried in the court of the first port of entry or of any
municipality or territory where the vessel passed during
such voyage, subject to the generally accepted principles of
international law.

 Crimes committed outside the Philippines but punishable

under Article 2 of the Revised Penal Code shall be cognizable
by the court where the criminal action is first filed.
Parties (Rules of Court)
 The People of the Philippines (Section 2, Rule 110). People is
represented by the prosecutor or by the offended party, any
peace officer, or public officer charged with the enforcement of
the law violated may prosecute the case in case the
prosecutor is not available. (Section 5, Rule 110)

 All persons who appear to be responsible for the offense

involved. (Section 2, Rule 110)
 Except: (Section 5, Rule 110)
 Offenders who have been pardoned (adultery and
concubinage)
 Offenders who have been expressly pardoned by the
offended party (offenses of seduction, abduction and
acts of lasciviousness)

 The offended party may intervene by counsel in the

prosecution of the offense where the civil action to recover
civil liability is instituted in the criminal action. (Section 5, Rule
110)
Basis (Rules of Court)
 Violation of the penal code

 Contained in an information in writing charging a

person with an offense, subscribed by the
prosecutor and filed with the court. (Section 4, Rule
110)
Pleadings
Pleadings
 Pleadings are the written statements of the respective claims
and defenses of the parties submitted to the court for
appropriate judgment. (Section 1, Rule 6).
 Kinds of pleadings are complaint, counterclaim, cross-
claim, third (fourth, etc.), party complaint, or complaint-in-
intervention. (Section 2, Rule 6)

 Complaint
 Alleges the plaintiff’s cause or causes of action.
 Contains the names and residences of the plaintiff and
defendant must (Section 3, Rule 6, Rules of Court)

 Answer
 Defending party sets fourth his defenses. (Section 4, Rule 6)
The defenses of a party are alleged in the answer to the
pleading asserting a claim against him. An answer may be
responded to by a reply.
Pleadings
 A cross-claim
 Any claim by one party against a co-party arising out of the
transaction or occurrence that is the subject matter either of
the original action or of a counterclaim therein.
 Such cross-claim may include a claim that the party against
whom it is asserted is or may be liable to the cross-claimant
for all or part of a claim asserted in the action against the
cross-claimant. (Section 8, Rule 6, Rules of Court)

 A counterclaim may be asserted against an original counter-

claimant. A cross-claim may also be filed against an original
cross-claimant. (Section 9, Rule 6, Rules of Court)
Pleadings
 Defenses may either be
 negative (specific denial of the material fact or facts alleged
in the pleading of the claimant essential to his cause or
causes of action)

 affirmative (allegation of a new matter which, while

hypothetically admitting the material allegations in the
pleading of the claimant would nevertheless prevent or bar
recovery by him.
 Such as fraud, statute of limitations, release payment,
illegality, statute of frauds, estoppel, former recovery,
discharge in bankruptcy, and any other matter by way of
confession and avoidance). (Section 5, Rule 6)
Pleadings
 Counterclaim is any claim which a defending party may have
against an opposing party. (Section 6, Rule 6)

 Compulsory counterclaim
 Arises or is connected with the transaction or occurrence
constituting the subject matter of the opposing party’s
claim.
 It does not require the presence of third parties of whom the
court cannot acquire jurisdiction in order to obtain a
complete judgement.
 Such a counterclaim must be within the jurisdiction of the
court both as to the amount and the nature thereof, except
that in an original action before the Regional Trial Court, the
counterclaim may be considered compulsory regardless of
the amount. (Section 7, Rule 6)
Pleadings
 Reply
 Purpose is to deny, or allege facts in denial or avoidance of
new matters alleged by way of defense in the answer and
thereby join or make issue as to such new matters.

 If a party does not file such reply, all the new matters
alleged in the answer are deemed controverted. (Section 10,
Rule 6). If the plaintiff wishes to interpose any claims
arising out of the new matters so alleged such claims shall
be set forth in an amended or supplemental complaint.
Pleadings
 A third (fourth, etc.) party complaint / answer
 A claim that a defending party may, with leave of court, file
against a person not a party to the action, called the third
(fourth, etc.) party defendant, for contribution, indemnity,
subrogation or any other relief, in respect of his opponent’s
claim. (Section 11, Rule 6)

 A third (fourth, etc.) party defendant may allege in his

answer his defenses, counterclaims or cross-claims,
including such defenses that the third (fourth, etc) party
plaintiff may have against the original plaintiff’s claim. In
proper cases, he may also assert a counterclaim against the
original plaintiff in respect of the latter’s claim against the
third-party plaintiff. (Section 13, Rule 6)
Parts of a Pleading
 Caption contains:
 Name of the court

 Title of the action -

 The title of the action
 Names of the parties. They shall all be named in the
original complaint or petition; but in subsequent
pleadings, it shall be sufficient if the name of the first
party on each side be stated with an appropriate
indication when there are other parties.
 Their respective participation in the case shall be
indicated

 Docket number if assigned. (Section 1, Rule 7)

Parts of a Pleading
 Body of the pleading sets forth its
 Designation
 Allegations of the party’s claims or defenses, the
 Relief prayed for, and the
 Date of the pleading. (Section 2, Rule 7)

 Paragraphs —The allegations in the body of a pleading shall be

divided into paragraphs so numbered as to be readily
identified, each of which shall contain a statement of a single
set of circumstances so far as that can be done with
convenience. A paragraph may be referred to by its number in
all succeeding pleadings.
Parts of a Pleading
 Headings — When two or more causes of action are joined, the
statement of the first shall be prefaced by the words “first cause
of action,” of the second by “second cause of action,” and so
on for the others.
 When one or more paragraphs in the answer are
addressed to one of several causes of action in the
complaint, they shall be prefaced by the words “answer
to the first cause of action” or “answer to the second
cause of action” and so on; and when one or more
paragraphs of the answer are addressed to several
causes of action, they shall be prefaced by words to that
effect.

 Relief —The pleading shall specify the relief sought, but it may
add a general prayer for such further or other relief as may be
deemed just or equitable.

 Date — Every pleading shall be dated.

Parts of a Pleading
 Signature and address
 Each pleading must be signed by the party or counsel
representing him,
 stating in either case his address which should not be a
post office box.
 The signature of counsel constitutes a certificate by him
that he has read the pleading; that to the best of his
knowledge, information, and belief there is good ground to
support it; and that it is not interposed for delay. (Section 3,
Rule 7)

 An unsigned pleading produces no legal effect. The court may,

in its discretion, allow such deficiency to be remedied if it was
due to mere inadvertence and not intended for delay
Parts of a Pleading
 Except when otherwise specifically required by law or rule,
pleadings need not be under oath, verified or accompanied by
affidavit. (Section 4, Rule 7, Rules of Court)
 A pleading is verified by an affidavit that the affiant has read
the pleading and that the allegations therein are true and
correct of his personal knowledge or based on authentic
records.

 A pleading required to be verified which contains a verification

based on “information and belief,” or upon “knowledge,
information and belief,” or lacks a proper verification, shall be
treated as an unsigned pleading
Parts of a Pleading
 Certification against forum shopping.
 The plaintiff or principal party
 Certify under oath in the complaint or other initiatory
pleading asserting a claim for relief, or in a sworn
certification annexed thereto and simultaneously filed
therewith:
 Not commenced any action or filed any claim involving
the same issues in any court, tribunal or quasi-judicial
agency and, to the best of his knowledge, no such other
action or claim is pending therein;
 If there is such other pending action or claim, a complete
statement of the present status thereof;
 If he should thereafter learn that the same or similar
action or claim has been filed or is pending, he shall
report that fact within five (5) days to the court where
his complaint or initiatory pleading has been filed.
(Section 5, Rule 7)
Parts of a Pleading
 Failure to comply with the certification shall be cause for the
dismissal of the case without prejudice, unless otherwise
provided, upon motion and after hearing.

 The submission of false certifications or non-compliance

constitutes indirect contempt of court, without prejudice to the
corresponding administrative and criminal actions.

 If the acts of the party or his counsel clearly constitute wilfull

and deliberate forum shopping, the same shall be ground for
summary dismissal with prejudice and shall constitute direct
contempt, as well as a cause for administrative sanctions.
Characteristics of a Pleading
 Pleadings
 Methodical and logical in form (Section 1, Rule 8)
 Plain, concise and direct statement of the ultimate facts on
which the party pleading relies for his claim or defense.
(Section 1, Rule 8)
 Omits statement of mere evidentiary facts. (Section 1, Rule
8)

 If a defense relied on is based on law, the pertinent provisions

thereof and their applicability to him shall be clearly and
concisely stated. (Section 1, Rule 8)
Allegations in a Pleading
 Pleading gives facts showing the capacity of a party to sue or
be sued or the authority of a party to sue or be sued in a
representative capacity or the legal existence of an organized
association of persons that is made a party. (Section 4, Rule 8)

 A party desiring to raise an issue as to the legal existence of

any party or the capacity of any party to sue or be sued in a
representa­tive capacity, shall do so by specific denial, which
shall include such supporting particulars as are peculiarly
within the pleader’s knowledge. (Section 4, Rule 8)
Allegations in a Pleading
 Generally, a general averment of the performance or
occurrence of all conditions precedent shall be sufficient.
(Section 3, Rule 8).
 Malice, intent, knowledge or other condition of the mind of a
person may be averred generally. (Section 5, Rule 8)
 In pleading a judgment or decision of a domestic or foreign
court, judicial or quasi-judicial tribunal, or of a board or
officer, it is sufficient to aver the judgment or decision
without setting forth matter showing jurisdiction to render
it. (Section 6, Rule 8)

 In pleading an official document or official act, it is sufficient to

aver that the document was issued or the act done in
compliance with law. (Section 9, Rule 8)
Allegations in a Pleading
 Exception:
 In all allegations of fraud or mistake, the circumstances
constituting fraud or mistake must be stated with
particularity. (Section 5, Rule 8)

 Whenever an action or defense is based upon a written

instrument or document, the substance of such instrument or
document shall be set forth in the pleading, and the original or
a copy thereof shall be attached to the pleading as an exhibit,
which shall be deemed to be a part of the pleading, or said
copy may with like effect be set forth in the pleading. (Section
7, Rule 8)
Allegations in a Pleading
 When an action or defense is founded upon a written
instrument, copied in or attached to the corresponding
pleading as provided in the preceding section, the genuineness
and due execution of the instrument shall be deemed admitted
unless the adverse party, under oath, specifically denies them,
and sets forth what he claims to be the facts; but the
requirement of an oath does not apply when the adverse party
does not appear to be a party to the instrument or when
compliance with an order for an inspection of the original
instrument is refused. (Section 8, Rule 8)
Allegations in the Denial
 A defendant must specify each material allegation of fact the
truth of which he does not admit and, whenever practicable,
shall set forth the substance of the matters upon which he
relies to support his denial.

 Where a defendant desires to deny only a part of an averment,

he shall specify so much of it as is true and material and shall
deny only the remainder.

 Where a defendant is without knowledge or information

sufficient to form a belief as to the truth of a material averment
made in the complaint, he shall so state, and this shall have the
effect of a denial. (Section 10, Rule 8,)

 Material averment in the complaint, other than those as to the

amount of unliquidated damages, shall be deemed admitted
when not specifically denied. Allegations of usury in a
complaint to recover usurious interest are deemed admitted if
not denied under oath. (Section 10, Rule 8)
Complaint / Information
 A complaint is a
 sworn written statement
 charging a person with an offense,
 subscribed by the offended party, any peace officer, or
other public officer charged with the enforcement of the law
violated. (Section 3, Rule 110, Rules of Court)

 An information is an
 accusa­tion in writing
 charging a person with an offense
 subscribed by the prosecutor and filed with the court.
(Section 4, Rule 110, Rules of Court)
Contents of a Complaint / Information
 Complaint or Information must contain: (Section 6, Rule 110)
 Name of the accused. When an offense is committed by
more than one person, all of them shall be included in the
complaint or information. (Section 6, Rule 110)
 Name and surname of the accused or any appellation or
nickname by which he has been or is known. (Section 7,
Rule 110)

 If his name cannot be ascertained, he must be described

under a fictitious name with a statement that his true name
is unknown. If the true name of the accused is thereafter
disclosed by him or appears in some other manner to the
court, such true name shall be inserted in the complaint or
information and record. (Section 7, Rule 110)
Contents of a Complaint / Information
 Complaint or Information must contain: (Section 6, Rule 110)
 Designation of the offense given by the statute (Section 6,
Rule 110)
 The complaint or information shall state the designation of
the offense given by the statute
 Aver the acts or omissions constituting the offense,
 Specify its qualifying and aggravating circumstances.
 If there is no designation of the offense, reference shall be
made to the section or subsection of the statute punishing
it. (Section 8, Rule 110)
Contents of a Complaint / Information
 Complaint or Information must contain: (Section 6, Rule 110)
 A complaint or information must charge only one offense,
except when the law prescribes a single punishment for
various offenses. (Section 13, Rule 110)

 A complaint or information may be amended, in form or in

substance, without leave of court, at any time before the
accused enters his plea. After the plea and during the trial, a
formal amendment may only be made with leave of court
and when it can be done without causing prejudice to the
rights of the accused. (Section 14, Rule 110)

 However, any amendment before plea, which downgrades

the nature of the offense charged in or excludes any
accused from the complaint or information, can be made
only upon motion by the prosecutor, with notice to the
offended party and with leave of court. The court shall state
its reasons in resolving the motion and copies of its order
shall be furnished all parties, especially the offended party
Contents of a Complaint / Information
 The acts or omissions complained of as constituting the
offense (Section 6, Rule 110)
 State the acts or omissions complained of as constituting
the offense

 The qualifying and aggravating circumstances

 Stated in ordinary and concise language and not

necessarily in the language used in the statute, but in terms
sufficient to enable a person of common understanding to
know what offense is being charged as well as its qualifying
and aggravating circumstances and for the court to
pronounce judgment. (Section 9, Rule 110)
Contents of a Complaint / Information
 The name of the offended party (Section 6, Rule 110, Rules of
Court)
 The complaint or information must state the name and
surname of the person against whom or against whose
property the offense was committed, or any appellation or
nickname by which such person has been or is known. If
there is no better way of identifying him, he must be
described under a fictitious name. (Section 12, Rule 110,
Rules of Court)

 In offenses against property, if the name of the offended

party is unknown, the property must be described with such
particularity as to properly identify the offense charged.
(Section 12, Rule 110, Rules of Court)
Contents of a Complaint / Information
 The name of the offended party (Section 6, Rule 110, Rules of
Court)
 If the true name of the person against whom or against
whose property the offense was committed is thereafter
disclosed or ascertained, the court must cause such true
name to be inserted in the complaint or information and the
record. (Section 12, Rule 110, Rules of Court)

 If the offended party is a juridical person, it is sufficient to

state its name, or any name or designation by which it is
known or by which it may be identified, without need of
averring that it is a juridical person or that it is organized in
accordance with law. (Section 12, Rule 110, Rules of Court)
Contents of a Complaint / Information
 The approximate date of the commission of the offense
(Section 6, Rule 110, Rules of Court)
 It is not necessary to state in the complaint or information
the precise date the offense was committed except when it
is a material ingredient of the offense. The offense may be
alleged to have been committed on a date as near as
possible to the actual date of its commission. (Section 11,
Rule 110, Rules of Court)

 The place where the offense was committed (Section 6, Rule

110, Rules of Court)

 The complaint or information is sufficient if it can be

understood from its allegations that the offense was committed
or some of its essential ingredients occurred at some place
within the jurisdiction of the court, unless the particular place
where it was committed constitutes an essential element of the
offense charged or is necessary for its identification. (Section
10, Rule 110, Rules of Court)
Sample - Form
CIVIL CASES

<JURISDICTION> (Country)
<JURISDICTION> (Court)
<VENUE> (City)
<VENUE> (Branch No.)
<Name>,
Plaintiff, <Identifier>
For: <Name of Action>
versus-

<Name>,
Defendant.

x-----------------x

<Title of Pleading>
< Introduction from the Plaintiff>:
 < Title of Pleading >
< Introduction by the Plaintiff >:

1. < Designation of the Plaintiff >;

2. < Designation of the Defendant >;
3. < Basis for the pleading >;
4. < Basis for the pleading >;

< Prayer >

WHEREFORE,
1. < Specific prayer >
COMPLAINT

REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT
CITY OF MANILA
BRANCH ___
ABC,
Plaintiff, Civil Case no.
_______
For: Unlawful Detainer
versus-

DEF,
Defendant.

x-----------------x

COMPLAINT
Plaintiff, with undersigned counsel, respectfully states that:
COMPLAINT

REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT
CITY OF MANILA
BRANCH ___
ABC,
Plaintiff, Civil Case no.
_______
For: Unlawful Detainer
versus-

DEF,
Defendant.

x-----------------x

COMPLAINT
Plaintiff, with undersigned counsel, respectfully states that:
 COMPLAINT
Plaintiff, with undersigned counsel, respectfully states that:

1. Plaintiff is of legal age and a resident of 123 Espana St, Manila, where he
may be served with summons and processes; while Defendant is also of
legal age and a resident of 456 Espana St., Manila, where he may be
served with summons and processes;
2. Plaintiff is the true and lawful owner of an apartment unit situated in 789
Espana St., Manila, which the defendant leased for a period of 2 years
from August 1, 2006 at a monthly rental of P5,000.00 by virtue of a contract,
a photocopy of which is hereto attached as ‘Annex A’;
3. The said Contract of Lease expired on August 1, 2008;
4. Despite the expiration of said contract, defendant still refused to vacate the
same despite several demands;
5. A final written demand has been duly served to defendant, a copy of which
is hereby attached as ‘Annex B’;
6. On account of the defendant’s adamant refusal to vacate the leased
premises, plaintiff has been compelled to initiate the suit and to incur
expenses in the amount of P30,000.00 aside from costs of suit;
7. Prior to the filing of this complaint, the dispute between the parties was
referred to the Lupong Tagapamayapa of the barangay where the leased
premises is located, but the parties failed to settle the same amicably. A
‘Certification to File Court Case’ issued by the Barangay Chairman is hereto
attached as ‘Annex C’
 PRAYER

WHEREFORE, it is respectfully prayed that after due notice and

hearing, a judgment be rendered ordering:
1. The defendant and all persons claiming right under him to vacate
the aforementioned leased premises;
2. The defendant to pay plaintiff the rentals due until the former shall
have actually vacated said property;
3. The defendant to indemnify plaintiff P30,000.00 as attorney’s fees,
and for costs of suit, and for expenses of litigation.
4. Plaintiff further prays for such other reliefs as may be just and
equitable under the premises.

September 23, 2007, City of Manila.

Counsel for Plaintiff

(complete address)
PTR no.
IBP no.
Supreme Court Roll no
 JURAT
 
SUBSCRIBED AND SWORN to before me, in the city of
Manila, this 22nd day of 2003 by _______ with Residence Cert. No.
____ issued at _____ on ___, 2003.

NOTARY PUBLIC
(commission
expires every two years)

Doc. No.__;
Page No. ___;
Book No. ___;
Series of 2003.
Criminal Case
Jurisdiction < Country >
Jurisdiction < Court >
Venue < Region >
Venue < City >
Venue < Branch No. >

< People of the Philippines >,

Plaintiff, < Identifier / No. >
- versus - For: < Title of Crime >

< Name >,

Accused.
x--------------------------------x

< Title of Document >

 < Title of Document >

< Introduction by the Plaintiff / Representative of Plaintiff >

< Salient facts of the offense >

Contrary to law.

< Date, City >

City Prosecutor
City of Manila
Information
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
CITY OF MANILA
BRANCH ___

People of the Philippines,

Plainitff, Criminal Case no. ___

- versus - For: Rape

ABC,
Accused.
x--------------------------------x

INFORMATION
 INFORMATION

The undersigned City Prosecutor for the City of Manila, hereby

accuses ABC for the crime of Rape committed as follows:

That on or about 8: 00pm of August 14, 2008, at his house in

123 Espana St., Manila, and within the jurisdiction of this Honorable
Court, the said accused, by means of repeated blows to the stomach
which rendered the victim unconscious, did then and there, willfully,
unlawfully and feloniously, had carnal knowledge of Evelyn, who was
then a minor, 14 years of age.

Contrary to law.

September 5, 2008, City of Manila.

City Prosecutor
City of Manila
 CERTIFICATION

This is to certify that a preliminary investigation has been

conducted in the above-entitled case, and that on the basis of the
evidence presented, there is reasonable ground to believe that the
offense charged has been committed and the accused is probably
guilty thereof.

September 5, 2008, City of Manila.

City Prosecutor
City of Manila

JURAT

Bail Recommended:
Other Legal Forms
 "ss"
 s.s. is the latin word "Scilicet" meaning "in
particular" or "namely".
 A jurat is a certification on a legal document which provides
information about when and where the document was signed, and
who witnessed the signing. Lawyers and notaries can both generate
jurats which can be used to validate legal documents. A jurat is
usually necessary before a document can be legally recognized.

 A basic jurat includes a statement from the official who witnessed

the signing of the document indicating that the person the document
concerns signed it in the presence of the official. The official notes
the date and location of the signature, and signs the document or
affixes a seal. In some cases, a signature and seal are used. The
jurat statement often begins “Signed before me on this date...”
although the language can change, depending on regional
preference. In some cases, people can sign a document elsewhere
and bring in proof of identity to have a jurat attached to the
document after the fact.
AFFIDAVIT OF LOSS

REPUBLIC OF THE PHILIPPINES  )

CITY     OF      ________           )SS.
X-----------------------------------------X
 
AFFIDAVIT OF LOSS

I, Abner Calido, Filipino, of legal age, single and a resident of

12 Jakarta St., International Village, Muntinlupa, Philippines, after
having duly sworn to in accordance with law,  hereby depose and say
that:
1.  I am the holder of an Automated Teller Machine card number 9870-728 under
Account No. 356-098-1-202 issued by MonayBanK;
 
2.   The credit balance of this account is Php 90,000.00 as of June 1, 2009;
 
3.   I lost said ATM on June 2, 2009 and that I exerted all efforts to locate the same but I
could not remember exactly where I placed/left it and it is considered lost for all legal
purposes;
 
4.  The money represented by the balance to the credit of the account is my personal
property and that I have no assignment, transfer or pledge thereof
 
5.  Said ATM Card was not confiscated by any officer of the law or the officers of (name
of bank) by reason of any violation of any law, ordinance, presidential decree or rules
and regulation of said bank; and neither was it offered as collateral for any loan;
 
6. I am executing this affidavit to attest to the foregoing facts and for the purpose of
securing the issuance to me of a replacement ATM card in lieu of the one that was
lost;
 
7.   That I hereby agree to hold the MonayBank its officers and employees, free and
harmless and to indemnify it/them for any loss that it/they may sustain by issuing
another ATM Card;
       
IN WITNESS WHEREOF, I have hereunto set my hand this 6 th day of June 2009 in
the City of Muntinlupa, Philippines.
 JURAT
 
SUBSCRIBED AND SWORN to before me, in the city of
Muntinlupa, this 6th day of June by Abner Calido with Residence Cert.
No. 1234567 issued at Muntinlupa on Jan. 10, 2009.

NOTARY PUBLIC
(commission
expires every two years)

Doc. No.__;
Page No. ___;
Book No. ___;
Series of 2003.
 GENERAL POWER OF ATTORNEY
 
KNOW ALL MEN BY THESE PRESENTS:
 
I, Abner Calido, of legal age, single, resident of 12 Jakarta St., International Village, Muntinlupa, and the
registered owner of Bagong Kotse enterprises do hereby name, constitute, and appoint Bong Calido, to
be my true and lawful attorney-in-fact, for me and in my name, place, and stead, to do and perform the
following acts and things to wit:
 
1. To ask, demand, sue for, recover, collect any and all sums of money, debts, dues, accounts,  kind as may
now be or may hereafter become due, owing, payable or belonging to Bagong Kotse enterprise and to
have, sue, and to take any and all lawful ways and means for the recovery thereof by suit, attachment,
compromise or otherwise;

2. To make, sign, execute, and deliver contracts, documents, agreements, and other writings of whatever
nature or kind, with any and all third persons, concerns, or entities, upon terms and conditions
acceptable to my said attorney-in-fact ;

3. To delegate in whole or in part any or all of the powers herein granted or conferred, by means of an
instrument in writing, in favor of any third person or persons whom my said attorney may select;
 
HEREBY GIVING AND GRANTING unto my said attorney full power and authority whatsoever requisite or
necessary or proper to be done in and about the premises as fully to all intents and purposes as I might
or could lawfully do if personally present.
 
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of June, 2006, in Muntinlupa City,
Philippines.
  
Principal
Signed in the presence of :
 
___________________________ and _______________________
 
REPUBLIC OF THE PHILIPPINES )
City of __________________ )SS.
X-----------------------X
 
BEFORE ME, a Notary Public for and in the City of Muntinlupa, Philippines
this 6th of June, 2009 personally appeared Abner Calido with his
Community Tax Certificate No. 123456 issued at Muntinlupa on Jan. 10,
2009 known to me and to me known to be the same person who executed
the foregoing instrument and she acknowledged to me that the same is his
own free and voluntary act and deed.
 
Notary Public

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of 2009
 DEED OF SALE
   
KNOW  ALL MEN BY THESE PRESENTS:
 
        That I, Abner Calido, of  legal age, Filipino, single and a resident of 12
Jakarta St., International Village, Muntinlupa, for and in consideration of  the
amount of  Four Hundred Fifty Thousand (P450,000.00) PESOS, Philippine
Currency, receipt of which is hereby acknowledged from Pedro Flavier, of legal
age, Filipino, single and a resident of 34 Bangkok St., International Village,
Muntinlupa, do hereby SELL, CEDE, TRANSFER and CONVEY unto and in favor
of  Pedro Flavier his heirs, successors and assigns a motor vehicle particularly
described as follows:
           
Make and Type : Honda Sedan___________
Motor Number : 1239876
Serial/Chassis No. : 45-90-6869____
Plate No. : FTG 450
MV FILE NO. _ A9089   ___________         
COLOR : Silver Grey
free from liens and encumbrances.
 
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of
June 2009 at Muntinlupa, Philippines.
______________
Vendor
SIGNED IN THE PRESENCE OF :
 
Melinda Cajucom and Lilian Lawin   
 
ACKNOWLEDGMENT
 
REPUBLIC OF THE PHILIPPINES)
CITY     OF   ________           )SS.
X-----------------------X
 
        BEFORE ME, a Notary Public for and in the City of Muntinlupa,
Philippines this 6th day of June, 2009 personally appeared Abner Calido with his
Community Tax Certificate No. 1234566 issued at Muntinlupa on Jan. 10, 2009 
known to me and to me known to be the same person who executed the
foregoing instrument and he acknowledged to me that the same is his own free
and voluntary act and deed.
 
WITNESS MY HAND AND SEAL.
Doc. No. _________;
Page No. _________;
Book No. ________ ;
Series of  2009
 CONTRACT OF LEASE
  
          I, Abner Calido , of legal age, single, and a resident of 12 Jakarta, International
Village, Muntinlupa, in consideration of the agreements hereinafter contained, do hereby
lease unto Shelley Curzon, of legal age, single, Filipino citizen, and with residence and
postal address at General Lim St., Barangay Pula, Tacurong, Sultan Kudarat for a period
of 1 year from July 2, 2009 to June 30, 2010, that certain parcel of land, together with the
buildings and improvements thereon, situated in #40 Main Street, Pilar Village,
Muntinlupa City, and more particularly described as follows:

(Description of Property)

of which I am the registered owner in accordance with the Land Registration Act, my title
thereto being evidence by Original/Transfer Certificate of Title No. 45690 issued by the
Register of Deeds of Quezon City;
 
And

         I, Shelley Curzon, the above-named lessee, in consideration of this lease, do

hereby promise for myself and my heirs and assigns that I will cause to be paid to the
said Abner Calido a monthly rental of THIRTY THOUSAND PESOS (PHP 30,000.00),
payable in advance during the first 5 days of each month for the entire period of this
lease.

(Special Agreements of the lease may be added here)

       
        IN WITNESS WHEREOF, we have hereunto set our hands at the Muntinlupa
Philippines, on this 6th day of June 2009
SIGNED IN THE PRESENCE OF :
 
Mylene Reyes and Ricardo Paglaluan   
 
ACKNOWLEDGMENT
 
REPUBLIC OF THE PHILIPPINES)
CITY     OF   ________           )SS.
X-----------------------X
 
        BEFORE ME, a Notary Public for and in the City of Muntinlupa,
Philippines this 6th day of June, 2009 personally appeared Abner Calido with his
Community Tax Certificate No. 1234566 issued at Muntinlupa on Jan. 10, 2009 
known to me and to me known to be the same person who executed the
foregoing instrument and he acknowledged to me that the same is his own free
and voluntary act and deed.
 
WITNESS MY HAND AND SEAL.
Doc. No. _________;
Page No. _________;
Book No. ________ ;
Series of  2009
Demand Letter

Date __________
 
 
Name of respondent
Address
 
Dear Mr./Mrs/Ms _________
 
It has been 30 days since you received my letter dated ______ and still, you have failed
to pay and still refuses to pay your arrears which have now amounted to NINETY ONE
THOUSAND PESOS (P 91, 000.00) .
 
Please be reminded that I have sent you several letters of demand for you to pay your
back rentals and to vacate the premises but the same letters have been left unanswered.
Consider this then, as my last and final demand for you to pay your account  within five
(5) days from receipt and to VACATE THE premises within ten (10) days from receipt of
this notice. Otherwise, I shall be constrained to commence suit to protect my interests.
 
 
Very truly yours,
 
_______________
Recap for the Mock
Bar / Bar Exams
Recap for the Mock Bar and Bar
 Pleading
 Caption
 Body
 Signatures
 Verification / Acknowledgement
 Certification against forum shopping
 Denial
 Specific denials
Recap for the Mock Bar & Bar
 Complaint / Information
 Name of accused / Name of offended party
 Designation of offense
 Acts constituting the offense
 Name of offended party
 Date/time and place of offense
Recap for Mock Bar & Bar
 Title
 Parties
 Terms and Conditions
 Assent (in the form of the signature of parties)
 Acknowledgement
Reminders for the Mock Bar & Bar

 Form
 Follow the format of the legal document
 Center words when necessary
 Number the points / allegations

 Continue to observe margins

 Unless the names of the lawyers are already
provided, you may use your own name as
representative of your client
 I.
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 123
The undersigned, through counsel,
after being duly deposed, hereby
state:
1. The quick brown fox jumped the
lazy brown cow. After that, the
frog left the hare.
2. The quick brown fox jumped the
lazy brown cow. After that, the
frog left the hare.
3. The quick brown fox jumped the
Humpty Dumpty sat on a wall.
Humpty Dumpty had a great fall.
All the kings horses and all the
king’s men couldn’t put Humpty
back together again.
PRAYER
WHEREFORE, it is respectfully
prayed that after due hearing,
judgement be rendered ordering
1. Humpty sat on a wall:
2. Humpty sat on a wall:
Signed