ATENEO CENTRAL BAR OPERATIONS 2007 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.

NAME OF NOTARY PUBLIC Notary Public for the Province/City of __________
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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—

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
Doc. No. _____ Page No._____ Book No._____ Series of 20___

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.

NAME OF NOTARY PUBLIC Notary Public for the Province/City of __________ Address Appointment No. ______ until December, _____
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Roll of Attorney No. _______ PTR No. _________; IBP No. _________; Series No. of Commission ______

Doc. No. _____ (or Not. Reg. No._____) Page 2 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
Page No._____ Book No._____ Series of 20__.

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)

WITH MY MARITAL CONSENT:

_____________________
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SIGNED IN THE PRESENCE OF:

__________________________

__________________________ Page 3 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

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 _________________ PESOS (P__________), Philippine currency, to me paid by__(buyer)__, also legal age

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 above–described 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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D. CONTRACT OFare needed to see this picture. LEASE

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: Page 4 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
1. That the term of this lease shall be ___________________;

2. That the monthly rental of the leased premises shall be _______________ payable in advance within the first five (5) days of the month;

3. That the premises leased have been received by the lessee in good, habitable conditions;

4. That all the ordinary repairs within the premises that arise in the daily use of the facilities therein shall be for the sole account and expense of the lessee, without right to reimbursement;

5. That the lessee shall use the leased premises exclusively for family dwelling, and shall have no right to use the same for business purposes;

6. That the lessee is expressly prohibited to sublet the leased premises to any one, without the express consent of the lessor in writing;

7. That all charges for water, light, gas, telephone used within the premises shall be at the sole account of the lessee;

8. That the lessee shall be responsible for the observance of sanitary and electrical regulations required or imposed by the city or government authorities regarding the use and habitation of the leased premises;

9. That the lessee shall notify the lessor at least 30 days in advance should the lessee decide to abandon the leased premises;

10. That violation of any of the above terms and conditions will produce ipso facto the rescission of this contract of lease.

IN WITNESS WHEREOF, the parties hereto have signed this contract of lease this ___ day of ________________, 2007, in the City of ____________, Philippines.

_________________
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___________________ (Lessee)

(Lessor)

WITNESSES: _______________________

_______________________ Page 5 of 54

at _______ City. this ___ day of __________. with residence at ______________ and hereafter called the DONOR. the above-mentioned real property. Page 6 of 54 . That the DONEE does hereby ACCEPT the foregoing donation of the above-described property for which he/she expresses his/her sincerest appreciation and gratitude for the kindness and liberality shown by the QuickTime™ and a DONOR.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ACKNOWLEDGMENT E. DEED OF DONATION DEED OF DONATION KNOW ALL MEN BY THESE PRESENTS: This DEED OF DONATION. free from all kinds of liens and encumbrances whatsoever. of legal age. with residence at _________________ and hereafter called the DONEE. of legal age. IN WITNESS WHEREOF. entered into by and between: ______________. 2007. the said DONOR by theses presents does hereby TRANSFER AND CONVEY by way of DONATION. unto the said DONEE. as follows: (Description of property) That. _______ of the Register of Deeds of ________. — and — ______________. Filipino. Filipino. WITNESSETH: That the DONOR is the absolute owner of that certain real property situated at ____________________and more particularly described in Transfer Certificate of Title No. for and consideration of the love and affection of the DONOR for the DONEE (insert consideration for the donation such as “for faithful services the donee rendered the donor). TIFF (Uncompressed) decompressor are needed to see this picture. single. single. the parties hereto have signed these presents.

Philippine Currency. protest and notice of non-payment of this note. BILL OF EXCHANGE ___________City. (Drawer) G. for value received. I promise to pay. The makers and indorsers severally waive presentment for payment. to ___________ or order the sum of_____________________ PESOS. pay to __(payee)__ or order the sum of __________ (P_________) PESOS. ___________________ (Maker) F. _____________________ QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. 2007 For value received. REAL ESTATE MORTGAGE REAL ESTATE MORTGAGE Page 7 of 54 . and charge the same to the account of __(drawer)__. PROMISSORY NOTE DATE_________________ P_________________. with interest at _____ percent per annum until fully paid. Philippines _______months (or days) after date. May__.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ________________________ (Donor) ________________________ (Donee) WITNESSES: ______________________ ______________________ ACKNOWLEDGMENT E.

of the land registry of ______________. single / married to ______________________ with post-office address at ___________________ WITNESSESTH: That the MORTGAGOR does hereby convey by way of REAL ESTATE MORTGAGE unto the MORTGAGEE the following described real property. situated in ______________________. his title thereto being evidenced by Transfer / Original Certificate of Title No. mortgagor has hereunto set his hand. Filipino. OTHERWISE. 2007 in __________________. Philippines. of legal age. this __ day of ________________. MORTGAGEE. the IN WITNESS needed to see this picture. the same shall remain in full force and effect and shall be enforceable in the manner provided by law. ____________________ (Mortgagor) ____________________ (Mortgagee) Page 8 of 54 . QuickTime™ and a TIFF (Uncompressed) decompressor are WHEREOF.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 KNOW ALL MEN BY THESE PRESENTS: This REAL ESTATE MORTGAGE. together with all the improvements. to wit: (Description) of which real property the MORTGAGOR is the registered owner in accordance with the provisions of the Land Registration Act. with interest thereon at the rate of ___________ per centum (__%) per annum. MORTGAGOR. _______________. then this mortgage shall be of no further force and effect. and ____________________. single / married to ______________________ with post-office address at ___________________ . Filipino. dated ______________ for the sum of ___________ PESOS (P ______________). That this real estate mortgage is given as security for the payment to the mortgagee of a certain promissory note. according to the terms thereof and in the words and figures as follows: (Copy promissory note) That the conditions of this REAL ESTATE MORTGAGE are such that if the mortgagor shall well and truly pay or cause to be paid unto the mortgagee the aforesaid sum with accrued interest. made and executed by and between: ____________________. of legal age.

That the condition of this CHATTEL MORTGAGE is such that if the said MORTGAGOR. for the sum of _____________ PESOS (P___________). with residence and post-office address at _______________________ hereinafter called the MORTGAGOR in favor of __(mortgagee)__. of legal age. to wit: (Specify and describe the article or articles mortgaged.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Signed in the presence of: _________________________ _________________________ ACKNOWLEDGMENT H. Filipino. of a certain promissory note. Page 9 of 54 . situated and ordinarily kept at ___________________ and presently in the possession of the said MORTGAGOR. of legal age. 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. single (or married to __________________). executors.) That this CHATTEL MORTGAGE is given as security for the payment to the MORTGAGEE. it shall remain in full force and effect and shall be enforceable in the manner provided for by law. his heirs. otherwise. made and executed by __(mortgagor)__. or administrators shall well and truly perform the full obligation above stated according to the terms thereof. CHATTEL MORTGAGE DEED OF CHATTEL MORTGAGE KNOW ALL MEN BY THESE PRESENTS: This CHATTEL MORTGAGE. single (or married to ____________________). Filipino. then this CHATTEL MORTGAGE shall be null and void. dated ____________________. according to the terms thereof. and in the words and figures following: (Copy the promissory note) QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. with interest thereon at the rate of __________________ (__%) per centum per annum.

and that the same is a just and valid obligation. the MORTGAGOR has hereunto set his hand. PLEDGE PLEDGE This AGREEMENT. and _______________________ likewise of age. Philippine Currency. the Pledgor has agreed with the Pledgee to secure the payment of the said note. married. 2007. Philippines. this __ of ______________. and for no other purpose. Philippines. made and entered into this ___ day of __________. WHEREAS. 2007. ________________________ (Mortgagor) Signed in the presence of: _________________________ _________________________ ACKNOWLEDGMENT Affidavit of Good Faith WE. single.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 IN WITNESS WHEREOF. the undersigned MORTGAGOR and MORTGAGEE. the Pledgor has executed a promissory note dated ______. and one not entered into for the purpose of fraud. for amount of ___________________ (P_______) Pesos. and residing at _________________. _______________________ (Mortgagor) ______________________ (Mortgagee) JURAT I. Page 10 of 54 . now and hereinafter called the Pledgee. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. severally swear that the foregoing chattel mortgage is made and executed for the purpose of securing the obligation specified therein. in favor of the Pledgee and made payable within ____ (__) days after date at ________________. in _________________. and residing at ________________________. Philippines. now and hereinafter called the Pledgor. 2007 by and between __________ of age. Witnesseth: That WHEREAS. Philippines.

to sell or dispose of the abovementioned property or any part thereof at public auction as provided for in Article 2112. but in the event of payment of said note and interests due therefrom. irrevocably empowers and authorizes the said Pledgee. the Pledgor hereby agrees to put up additional security in proportion to the deterioration or fall in market value of the same. the Pledgor has. 2007 at ___________. deposited with the said Pledgee the following personal property of his own exclusive ownership. the said note shall be considered due and payable under the above stipulation. his heirs. according to the terms thereof.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 NOW THEREFORE. we have set our hands this __ day of _____.this agreement is to be void. and That in case of deterioration or fall in the price or market value of the personal property herein pledged. and all such costs as may be incurred by virtue of such sale. as a collateral security for the payment of the aforementioned note and by way of pledge. ______________________________ Pledgor _______________________________ Pledgee In the presence of: QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this _________________________ picture. of the Civil Code. or interest to grow thereon. in consideration of the premises and mutual covenants herein contained. and in default of which. remain due and unpaid. _________________________ ACKNOWLEDGMENT Page 11 of 54 . from the proceeds of such sale to pay the principal and interest of the said note. executors. and the above-named securities are to be returned to the Pledgor. the said Pledgor. IN WITNESS WHEREOF. Philippines. after the said note shall have been due. That should the said note or any part thereof. and of which he has the free disposal. to wit: (Description of Property) And the said parties to this instrument agree that the Pledgee who acknowledges receipt of the aforementioned personal property of the Pledgor shall take good care of the said property until redeemed by the said Pledgor. administrators and assigns.

residing at _________________ have filed a complaint for damages against _____________. single (or married). That I. 1878 of the New Civil Code for the instances for special power of attorney. ASSIGNMENT DEED OF ASSIGNMENT Know All Men By These Presents: Page 12 of 54 . I have authorized by these presents my counsel. __(counsel’s name)__. IN WITNESS WHEREOF. Filipino citizen. SPECIAL POWER OF ATTORNEY SEE Art. 2007 at ________. ________________________ Principal Witnesses: ________________________ ________________________ QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Regional Trial Court of _______. residing at ________________ to be my true and lawful attorney. for me and in my name. 2. ____.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 J. and stead for the pre-trial _________________. of legal age. That in view of the fact that I cannot attend said pre-trial because I am making a business trip to Japan. That said case was scheduled for pre-trial on __________. __(principal)__. I have hereunto set my signature this. 3. ACKNOWLEDGMENT K. of legal age. SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: 1. single (or married to __________). place. to represent me and giving him full powers to enter into pre-trial and stipulate facts in accordance with law. Civil Case No. __ day of _______.

2007 at the city of ___________. the full power and authority. of legal age. ______________________ (Assignor) _______________________ (Assignee) In the presence of: QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see _______________________ this picture. administrators and assigns that said debt is justly owing and due to me from said ________________ and that I have not done and will not cause anything to be done to diminish or discharge said debt. we have hereunto set our hands on this ___ day of _______. assigns. and in my name and stead or otherwise to prosecute and withdraw any suit or proceeding therefor. shall and will at all times hereafter at the request of said ____________. IN WITNESS WHEREOF. executors. And I further agree and stipulate as aforesaid that I. for his/their own use and benefit. my heirs. administrators. administrators and assigns. single/married to _____________ and residing at _________________ Philippines. or to delay or prevent said ____________ his heirs. of legal age. executors. his heirs. administrators and assigns. executors. to demand.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 That I. executors. ________________. execute and do all such further acts and deeds as shall be reasonably necessary for proving said debt and to more effectually enable him to recover same in accordance with the true intent and meaning of these presents. single/married to ___________________ and residing at _______________. assign. single/married to ______________. receive. executors or administrators. administrators and assigns at his cost and expense. his heirs. for money loaned by me to said _______________. his heirs. a certain debt now due and owing to me by _______________. _______________________ ACKNOWLEDGMENT Page 13 of 54 . and residing at _____________ Philippines. for and in consideration of the sum of P_____________ to me in hand paid by ______________ of legal age. compound. collect. to the amount of P_____________. compromise and give acquittance for the same or any part thereof. transfer and set over unto said _____________. but at his/their own cost and expense. from collecting the same. plus interest due and accruing thereon. assigns. do hereby sell. executors. assigns. And I do hereby agree and stipulate to and with said ___________ his heirs. Philippines the receipt of which is hereby acknowledged. And I do hereby grant said __________.

BOARD RESOLUTION AUTHORIZING CORPORATE OFFICER REPUBLIC OF THE PHILIPPINES MAKATI CITY } } S. after being informed of the necessity of obtaining loans and/or credit accommodation with any banking/ lending institution. SECRETARY’S CERTIFICATE I. to generate funds for the purpose of expanding the business of exporting hard disk drives. trust receipt. extension and/or increase. as may be sufficient or required for the purpose. that ISIDRO BARRIOS. assignment. purpose sheet. Makati City. Filipino. after being sworn in accordance with law. promissory note.” Page 14 of 54 . including the renewal. execute. with office address at 1434 Ayala Avenue. application. and the like.S. wherein a quorum was present and acted throughout. and to secure and guarantee the payment of the aforesaid loan or credit facilities by means of mortgage. pledge. surety agreement. 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. and deliver any and all documents including QuickTime™ and a TIFF (Uncompressed) decompressor butare needed to see this picture. be authorized to sign. mortgages. disclosure statement. as it is hereby resolved. to wit: RESOLUTION NO. as it is hereby resolved.. of legal age. the Board approved the following resolution. do hereby depose and state as follows: 1. in order to effectuate the foregoing matters. a corporation duly organized and existing under Philippine laws. application for not limited to loan letters of credit..Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 L. negotiate. Makati City. 2.” “RESOLVED FURTHER. BD-028-2007 “RESOLVED. Katerina Staahl. the President. rollover or restructuring thereof. obtain loans from DI BASTA BASTA BANKING INC. including the renewals/extensions/increase/amendments/restructuring thereof. that the corporation be empowered and authorized to apply for. with principal office at 1434 Ayala Avenue. and/or of its existing credit facilities in such amount(s) and under such terms and conditions as may be mutually agreed upon. pledge. That I am the incumbent Corporate Secretary of Disk Drives Unlimited. That during the special meeting of the Board of Directors held on 5 January 2007. draft.

AFFIANT FURTHER SAYETH NAUGHT. be furnished a copy of the foregoing resolutions for its guidance and may continue to rely on the authority conferred thereon. increase. Issued this 20th day of March 2007 at Makati City.” 3. roll-over and/or restructuring thereof. CAPTION REPUBLIC OF TE PHILIPPINES SUPREME COURT QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. including the renewal. That the foregoing Resolution remains valid and has not in any manner been novated. unless and except to the extent that the foregoing resolutions shall be revoked or modified by the receipt of any subsequent resolution/s of the Board of Directors of the Corporation. ___________________________ Corporate Secretary II. Manila REPUBLIC OF THE PHILIPPINES COURT OF APPEALS Manila Page 15 of 54 . revoked.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 NAME Isidro Barrios POSITION President SIGNATURE “RESOLVED FINALLY that DI BASTA BASTA BANKING INC. JUDICIAL FORMS A. nor repealed to date.

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Manila. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Maria. x------------------------------------------------x Page 16 of 54 . TITLE BITOY VALENZUELA Plaintiff. Defendant. -versus- *Civil Case No. Branch 12 REPUBLIC OF THE PHILIPPINES MUNICIPAL TRIAL COURT Batangas City. Branch 8 REPUBLIC OF THE PHILIPPINES SECOND JUDICIAL REGION MUNICIPAL TRIAL COURT Sta. Bulacan B. 21 For: A Sum of Money PAOLO ONTI. Branch 12 REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT OF MANILA Manila.

Case No. PTR OR No. for Special Proceedings cases. or CA-GR No. 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. _______________ IBP No. issued on ______ at _________.. D. Name of counsel Counsel for __(adverse party)__ Address: ___________________ Sir / Ma’am: Page 17 of 54 . No. PTR No. C. ______ IBP OR No. such as the MTC and the RTC..Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 * For civil cases file before ordinary courts. Proc No. R. If filed before the Supreme Court or the Court of Appeals. Use Crim. 2007. PROOF OF SERVICE RECEIVED COPY this __ day of ________. issued on _______ at __________. SIGNATURE OF COUNSEL BITOY VALENZUELA Counsel for ___(plaintiff/ defendant)__ Address: _______________ Roll of Attorney No. for criminal cases and Sp. issued on ________ at ________. Name of Counsel Cousel for Plaintiff / Defendant (adverse party) Roll of Attorneys No. issued on _______ at __________. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. and not to the CA and the SC. ____________. ______. respectively. use G. _____________. ______. E.

6. ___________________________ Affiant JURAT QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. deposes and says: “That he (her) is the petitioner in the above-entitled case. information. for the consideration of the Honorable Court or soon thereafter as counsel may be heard.m. and belief” shall be deemed insufficient. Sec. that he has caused the (above) foregoing petition (complaint) to be prepared and has read the contents thereof. after being sworn in accordance with law. CERTIFICATION AGAINST NON-FORUM SHOPPING CERTIFICATE OF NON-FORUM SHOPPING 1 Necessary when service is by means other than personal service. 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. Verifications based on “information and belief. EXPLANATION EXPLANATION 1 Copy of the foregoing complaint was served upon defendant’s counsel by registered mail.” or upon “knowledge. Signature of Counsel F. G. (Rule 7. Revised Rules of Court) __(Name of affiant)__. due to the messengerial constraints. H.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Please be informed that the undersigned counsel has set the foregoing motion (or petition) for hearing on ______ at 8:30 a. 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. that the allegations therein are true and correct of his (her) own knowledge. personal service not being practicable at the present time. Page 18 of 54 .

or in any other tribunal or agency . in the above-entitled case. I am the plaintiff in this case. the Court of Appeals. I undertake to report such fact within five (5) days therefrom to the Honorable Court. or any other tribunal or agencies. _________________. or any of their Divisions. depose and state that: 1. ___________. no other similar action is pending in the Supreme Court . QuickTime™ and a TIFF (Uncompressed) decompressor 2. 2. I have been duly authorized to execute this verification and certification.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 I. To the best of my knowledge.] Place and date.Or - [To the best of my knowledge. _____________________ (Signature of Plaintiff) JURAT J. VERIFICATION AND CERTIFICATION AGAINST NON-FORUM SHOPPING VERIFICATION AND CERTIFICATION AGAINST NON-FORUM SHOPPING I. or any other tribunal or agency. plaintiff. the Court of Appeals. a Filipino citizen. do hereby certify under oath that: 1. an action or proceeding involving the same issues is pending in the (name of the court) in (title and number of case). I have not heretofore commenced any action or proceeding involving the same issues before the Supreme Court. of the complaint and attest that the same are true and correct based on read the contents the authentic records and my personal knowledge. Court of Appeals. of legal age. the Court of Appeals. If I should hereafter learn that a similar action or proceeding has been filed or is pending before the supreme Court. or any other Page 19 of 54 . and its present status is (status of pending case) 3. no such action or proceeding is pending in the Supreme Court. Regional Trial Court Metropolitan and Municipal Trial Court. I have are needed to see this picture. with address at ___________________. 3. of legal age. To the best of my/plaintiff's knowledge. after being sworn in accordance with law.

I have hereunto set my hand this _________. Plaintiff. -versus- Civil Case No. GENERAL FORMAT OF A PLEADING Republic of the Philippines National Capital Judicial Region Regional Trial Court Branch _____. _____________________________ (Signature of Complainant) K. (Prayer) WHEREFORE. Defendant. unto this Court. Makati City ________________. IN WITNESS HEREOF. (Plaintiff/Defendant) prays for such other reliefs as this Honorable Court may deem just and equitable. through Counsel. it is respectfully prayed that____________________. x------------------------------------x (TITLE) (Plaintiff/Defendant). respectfully alleges: (Body) ._____ For:_____________ ________________.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 tribunal or agency.Allegations - QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. I/plaintiff hereby undertake to report that fact to this Honorable Court within five (5) days from discovery. Page 20 of 54 .

3. of legal age. ONLY PERTINENT ALLEGATIONS HAVE BEEN RETAINED) SUMMARY OF REQUIREMENTS FOR COMPLAINT and/or OTHER INITIATORY PLEADINGS 1. 7. if required PROOF OF SERVICE EXPLANATION CIVIL (CAPTION. supported by pertinent provisions of law and jurisprudence Prayer/Relief Sought Signature of Counsel Verification/Certificate of Non-Forum Shopping (initiatory pleading) Notice of hearing decompressor A. 8. 6. AND SIGNATURE OF ATTORNEY OMITTED. Caption Parties Allege ultimate facts and other material allegations Arguments. TITLE. 4. 2. Signature of Counsel VERIFICATION.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Makati City. ____(Date)____. of Money Collection of Sum are needed to see QuickTime™ and a (Copy Caption and Title) COMPLAINT 1. Complaint forTIFF (Uncompressed) this picture. when appropriate NOTICE OF HEARING. 5. married and Page 21 of 54 . Metro Manila. if required CERTIFICATE OF NON-FORUM SHOPPING. Plaintiff ______________ (hereafter Plaintiff) is a Filipino citizen.

of legal age. 3. motions. 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. WHEREFORE. and decision. defendant refused and failed to pay the amount stated in the promissory note.000. Signature of Counsel QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. as ACTUAL DAMAGES and TEN THOUSAND PESOS (P10. 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. 5.000. Place and date.000 or order within 30 days from this date.00) as Attorney’s Fees. plaintiff respectfully prays for judgment in his favor through a Decision directing defendant to pay him FIFTY THOUSAND PESOS (P50.00. Defendant _______________ (hereafter Defendant) is a Filipino citizen. 2. 1990.000. That on August 1.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 residing at ____________________ where he may be served with court processes. plaintiff was compelled to file the instant action engaging the services of counsel in the amount of P10. VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING B. with legal interest. That due to the unjust refusal of defendant to comply with the demands.00). and residing _______________________________ where he may be served with summons and other court processes. Complaint for Ejectment (Copy Caption and Title) COMPLAINT Page 22 of 54 . Other just and equitable reliefs are also prayed for. Philippines 1 August 1990 I promise to pay Juan dela Cruz the sum of P50.

Tuna Compound. respectfully states that: 1.00) for Attorney’s fees. 4. A copy of plaintiff’s letter to defendant is attached as ANNEX B. defendant has refused to vacate the premises and continues to occupy the property without plaintiff’s consent. Signature of Counsel VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING Page 23 of 54 . Quezon City. Despite demand duly made and received. 3. Defendant’s continued occupation of the premises has also forced plaintiff to sue and to incur legal expenses amounting to Fifty Thousand Pesos (PHP50. Defendant is a Filipino. Defendant’s act of dispossession has caused plaintiff to suffer material injury because plaintiff’s business expansion plans could not be implemented despite the arrival of machineries specifically leased for this purpose at the rental rate of US$500 per month. Plaintiff is a foreign corporation organized and existing under the laws of France with business address at 111 Ocean Drive. plaintiff informed defendant of its intention not to renew the lease as it would use the property for its business expansion. Quezon City.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 PLAINTIFF. Upon expiration of the contract. single and currently resident of 112 Ocean Drive.000.500 representing rentals on the machineries for seven (7) months and Fifty Thousand Pesos (P50. plaintiff then asked defendant to vacate the premises. Tuna Compound. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Plaintiff owns that property located at 112 Ocean Drive. A Certification to File Action is attached as ANNEX C. Quezon City which it leased to defendant under the terms and conditions stated in the Contract of Lease dated 1 January 1995. WHEREFORE. Place and date. Other just and equitable reliefs are also prayed for.00). plaintiff respectfully prays for judgment in its favor by ordering defendant to vacate the property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff the amount of US$3. Tuna Compound. where he may be served with summons and other pertinent processes.000. Resort to the Barangay conciliation system proved useless as defendant refused to appear before the Lupong Tagapamayapa. by counsel. 2. which contract expires on 31 December 1996. 5. of legal age. A copy of the contract is attached as ANNEX A.

4. Signature of Counsel Page 24 of 54 . That by reason of the failure of the defendant to vacate the premises and to pay the unpaid rentals. 5. the plaintiff through undersigned counsel. That plaintiff is married. That on April 2. QuickTime™ and a TIFF (Uncompressed) decompressor are Plaintiff praysneededsuch other remedy. That by virtue of a contract of lease. Manila. married and residing at ____________________ where he may be served with summons and other court processes.000.00 (Five Thousand Pesos) a month as rental to be paid within the first ten days of each month starting December 1. plaintiff was compelled to file this complaint engaging he services of counsel in the amount of P10.000 and further rentals until the said defendant fully vacates the premises and to pay the costs of the suit. 2. motions. 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. 6.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 C. Place and date. located at 436 Rizal Avenue. as this Honorable Court may deem just and equitable. for to see this picture. 1993. plaintiff leased unto the defendant the aforesaid apartment for a consideration of P5. Complaint for Unlawful Detainer (Copy Caption and Title) COMPLAINT COMES NOW. 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. Filipino citizen and residing at _______________ where he may be served with court processes. 7. and decision while defendant is a Filipino citizen. That defendant failed to pay the agreed rental for several months starting from February 2007 up to the present. 3. 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. That plaintiff is the owner of a land over which an apartment had been constructed. WHEREFORE. 2006. and to this Honorable Court respectfully alleges: 1.

the Pankat Secretary of the Office of the Lupon Tagapamayapa shall issue a Certificate to file action. Complaint before the Lupon Tagapamayapa Republic of the Philippines Province of_________ City/Municipality______ Barangay________ ________________. 200__ Punong Barangay/ Lupon aChairman QuickTime™ and TIFF (Uncompressed) decompressor are needed to see this picture. Page 25 of 54 . it is respectfully prayed that____________________ Copy relief prayed for Made this_____day of__________. Complainant. If the parties could not settle their dispute. x------------------------------------x COMPLAINT I hereby complain against respondent ____________ for violation of my rights and interest committed in the following manner: (Body) . -versus- Barangay Case No._____ For:_____________ ________________.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING E.Allegations - (Prayer) WHEREFORE. Respondent. Summons and notices of hearing sent to the parties.

The obligation has been paid 2. Defendant admits averment in paragraphs 1. Motion for Extension of Time (Copy Caption and Title) Page 26 of 54 . the defendant avers: 1.000). 7 and 8 of the complaint By way of special and affirmative defenses. defendant alleges: 1. the truth being that (fact being claimed by the defendant as the true state of facts or truth in the special and affirmative defenses herein set forth): 3. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. through the undersigned counsel. The cause of action has prescribed By way of counterclaim. Signature of Counsel G. the defendant was forced to engage the services of counsel in the sum of twenty-thousand pesos (P20. Defendant has no knowledge or information to form a belief as to the truth of the averment in paragraphs 5. the defendant. Place and date. it is respectfully prayed that the complaint be dismissed and defendant be awarded the amount of __________ pesos (P _________). Other equitable reliefs are likewise prayed for. 6. in the above-entitled case and to this Honorable Court most respectfully alleges: 1. Answer with Special and Affirmative Defenses and Counterclaim (Caption and Title) ANSWER COMES NOW. Defendant specifically denies the allegation in paragraph 4 of the complaint. WHEREFORE. That by virtue of this unwarranted and malicious act initiated by the plaintiff.2 and 3 of the complaint.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 F. 2.

Signature of Counsel NOTICE OF HEARING 2 PROOF OF SERVICE EXPLANATION H. The undersigned counsel. WHEREFORE. within which to submit plaintiff’s Reply. Page 27 of 54 . 2. 3. Quezon City. Quezon City-Branch 101 Please enter the appearance of the undersigned as counsel for defendant _______________. respectfully states that: 1. the undersigned is constrained to ask for an additional fifteen (15) days from 10 January 2007 or until 25 January 2007. within which to submit plaintiff’s Reply. by counsel. He has been directed to file a Reply to defendant’s Answer by 10 January 2007.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 MOTION FOR EXTENSION OF TIME PLAINTIFF. however. plaintiff respectfully prays that he be granted an additional fifteen (15) days from 10 January 2007. or until 25 January 2007. therefore making a hearing unnecessary. 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. anticipates his inability to file the Reply on or before the said due date because of the tremendous pressure of other equally urgent professional work requiring the preparation of pleadings and almost daily trial appearances before the various courts within and outside Metro Manila. 1 August 1999. For this reason. APPEARANCE OF COUNSEL (Copy Caption and Title) ENTRY OF APPEARANCE THE BRANCH CLERK OF COURT QuickTime™ and a TIFF (Uncompressed) decompressor are Regional Trial Court needed to see this picture. This motion is not intended for delay but is motivated only by the foregoing reason.

kindly address all pertinent notices to plaintiff at his address given in the Complaint. Signature of Counsel WITH MY CONFORMITY: Page 28 of 54 . with his express conformity as indicated below. Henceforth. d to see this picture. 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 __________________.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 express conformity as indicated below. RESPECTFULLY SUBMITTED. in this case. Place and date. Signature of Counsel WITH MY CONFORMITY: __________________________ (Defendant) PROOF OF SERVICE EXPLANATION I. QuickTime™ and a TIFF (Uncompressed) decompressor are neede Place and date. Henceforth. RESPECTFULLY SUBMITTED. kindly address all pertinent notices to the undersigned at the address given below. in this case.

Signature of Counsel NOTICE OF HEARING PROOF OF SERVICE EXPLANATION Page 29 of 54 . Place and date. respectfully moves this Honorable Court to dismiss the plaintiff’s complaint on the following grounds: 1. the undersigned attorney prays that plaintiff’s complaint to be dismissed. (Here state the reasons to support the first ground.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 _________________________ (Plaintiff) J. through counsel. with costs against the plaintiff. Motion to Dismiss (Copy Caption and Title) MOTION TO DISMISS COMES NOW.) WHEREFORE. in view of all the foregoing. That said claim or demand is unenforceable under the provisions of the statute of frauds. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. the defendant. ARGUMENTS (a) That the claim or demand set forth in the plaintiff’s complaint has been released. (Here state the reasons to support the second grounds. That the claim set forth in the plaintiff’s complaint has been released.) (b) That said claim or demand is unenforceable under the provisions of the Statute of Frauds. 2.

Despite the lapse of time. no motion for extension of such period was filed nor was any granted motu propio by this Honorable Court. summons were served on defendant on 20 January 2007. defendant has failed to answer the Complaint against her. Motion to Declare Defendant in Default (Copy Caption and Title) MOTION TO DECLARE DEFENDANT IN DEFAULT PLAINTIFF. a copy of which is attached as ANNEX A. by counsel. (Copy Caption and Title) MOTION TO LIFT ORDER OF DEFAULT AND FOR NEW TRIAL COMES NOW. Plaintiff filed this Complaint against defendant on 1 January 2007. defendant in the above-entitled case through the undersigned counsel and to this Page 30 of 54 . respectfully states that: 1. Place and date. L. Defendant’s reglementary period to file Answer ended on 5 February 2007. plaintiff respectfully prays that defendant be declared in default and that plaintiff be allowed to present evidence ex parte before the Clerk of Court acting as Commissioner. Motion to Lift Order QuickTime™ and a of Default TIFF (Uncompressed) decompressor are needed to see this picture. WHEREFORE.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 K. as indicated by the Sheriff’s Return of even date. plaintiff is entitled to a declaration of default and the right to present evidence ex parte against defendant. 2. Signature of Counsel NOTICE OF HEARING PROOF OF SERVICE EXPLANATION L.

1. as follows: QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. he was not able to file the answer. respectfully submits his Pre-Trial Brief. defense. 2. That the summons issued by this court was served in an address which was not the correct address of the defendant as he is now living in another city which is _______________. hence. 3. Pre-trial Brief (Copy Caption and Title) PRE-TRIAL BRIEF DEFENDANT. I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT 1. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of openness from plaintiff. Page 31 of 54 . Place and date. That the defendant was not duly informed about said complaint against him. Signature of Counsel NOTICE OF HEARING PROOF OF SERVICE EXPLANATION M. 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. defendant is open to the possibility of amicably settling this dispute. by counsel. That if properly served with the summons he will file his answer and has a good and valid WHEREFORE.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Honorable Court respectfully alleges: 1.

4..2.2.1.) 5.) III. Defendant submits that the following issues she put forward are subject to proof: 4. Defendant intends to present the following witnesses: QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. II. Defendant reserves the right to present any and all documentary evidence. Defendant submits that the following issues put forward by plaintiff are subject to proof: 4. 4. Plaintiff’s personality to seek legal reliefs.1. Page 32 of 54 . Plaintiff’s bad faith in filing this suit. V.2. first. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure. her personal circumstances. second. if necessary. (Enumerate and describe evidence sought to be presented. BRIEF STATEMENT OF CLAIMS AND DEFENSES (Allege summary of claims and defenses. IV. Plaintiff’s entitlement to the amount claimed.1. 4. receipt of the demand letter dated __________ and her reply to the demand letter.e. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES 3. 3. a clarification of the actual extent of any obligation due and owing to plaintiff inasmuch as there is nothing to indicate defendant’s obligations to plaintiff and.1. ISSUES TO BE TRIED 4. Defendant’s entitlement to the claims made in her Compulsory Counterclaim as a result of plaintiff’s bad faith. a schedule of payments.1. i. which shall become relevant to rebut plaintiff’s claims in the course of trial as well as any other witnesses whose testimony will become relevant to belie plaintiff’s witnesses.2.2. defendant admits no other facts stated in the Complaint. Defendant admits only those facts stated in her Answer.2.2.1.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 1.1. Subject to a concrete proposal for stipulation of additional facts from plaintiff during pre-trial or even thereafter. defendant respectfully submits that the desired terms of any amicable settlement would involve.2. EVIDENCE 5.

2007 be set to another day preferably on the first week of August 2007 or at the convenience of this Honorable Court. That counsel for defendant is afflicted with _____ and is now under the medical care of Dr. 2007. Place and date. A copy of the physicians certificate under is hereto attached. RESORT TO DISCOVERY 6. unto this Honorable Court respectfully states: That the above-entitled case is set for hearing on March 9. to a concrete and reasonable request for discovery from plaintiff. it is respectfully prayed that the hearing set on July 9. Signature of Counsel Page 33 of 54 . by the undersigned counsel. Estrada. Considering the relatively simple issues presented. Signature of Counsel PROOF OF SERVICE N. however. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. defendant does not intend to avail of discovery at this time. RESPECTFULLY SUBMITTED.2. defendant reserves the right to resort to discovery before trial. Subject. 6. Motion for Postponement (Copy Caption and Title) MOTION FOR POSTPONEMENT OF HEARING COMES NOW the defendant. Place and date.1. WHEREFORE.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 VI.

Motion for Intervention (Copy Caption and Title) MOTION FOR INTERVENTION COMES NOW. Copy of the complaint-in-intervention is attached hereto and is served on the original parties. WHEREFORE. and that defendants be ordered to file their answer to the complaint-in-intervention. Signature of Counsel NOTICE OF HEARING UPON PLAINTIFF AND DEFENDANT QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. that the attached complaint-in-intervention be admitted. __(Name of Intervenor)__ respectfully prays that he be allowed to intervene in the case as party plaintiff. ___(Name of Intervenor)___. (allege facts showing intervenor’s legal interest in the matter under litigation. Place and date.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 NOTICE OF HEARING PROOF OF SERVICE EXPLANATION O. and that he may be adversely affected by the result of the proceedings) … 2. PROOF OF SERVICE EXPALANATION Page 34 of 54 . Allowing movant to intervene will not unduly delay the adjudication of the case and will prevent multiplicity of suits 3. by undersigned counsel and to this Honorable Court respectfully alleges: 1. as shown by the service of motion along with its enclosed complaint-in-intervention.

Page 35 of 54 . However. and at any subsequent hearings. A TIFF (Uncompressed) decompressor are needed to see this picture. Application for Issuance of SUBPOENA DUCES TECUM / AD TESTIFICANDUM The Clerk of Court RTC. if any. under oath. respectfully alleges: 1. In defendant’s answer to the complaint. which is for aa sum of money. Makati Sir: As counsel for plantiff/defendant. prompting plaintiff to file the instant complaint. Plaintiff duly informed defendant of the dishonor of his check.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 P. plaintiff asserts. plaintiff. and to this Honorable Court. The burden of showing payment rests on defendant. to wit: (Enumerate the documents. that defendant has not paid the principal amount. the check when deposited was dishonored for insufficiency of funds. with address at _________. Signature of Counsel Q. QuickTime™ this verbal claim is not sufficient. While he issued a check as payment of his obligation. but he ignored it. defendant did not attach to his answer any alleged receipt issued by plaintiff to show his payment 2.m. to testify (for subpoena ad testificandum) / to testify and bring with him the following documents (for subpoena duces tecum). may I request that a subpoena/subpoena duces tecum be issued to ____________. which are not confidential nor privileged. 2007 at 8:30 a. Copy of the returned check is attached hereto as Annex “A”. by showing receipt of payment.) The undersigned will pay the legal fees for such purpose. through the undersigned counsel. and which are needed in the hearing of the above-entitled case on _________. Motion for Summary Judgment (Copy Caption and Title) MOTION FOR SUMMARY JUDGMENT COMES NOW. he claims that he ahs paid the principal amount and the remaining issue refers merely to a proper computation of the interest. Place and date. In and a connection.

as prayed for in the complaint. by counsel. plaintiff sued defendant for a sum of money in the amount of ______________(P_________). 3. plaintiff respectfully prays that this Honorable Court render a judgment on the pleadings Page 36 of 54 . For this purpose. WHEREFORE.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. The Answer admits the material allegations of the Complaint and has not tendered any issue. and for such other reliefs as may be just and equitable in the premises. In short. WHEREFORE. 4. plaintiff prays for judgment. Defendant admitted that obligation in her answer and merely asked for an extension of time to pay QuickTime™ and a TIFF (Uncompressed) decompressor are needed see this picture. enclosed is the computation of such interest. a judgment on the pleadings may be rendered. whcih is attached hereto as Annex “B”. consequently. respectfully states that: 1. Motion for Judgment on the Pleadings (Copy Caption and Title) MOTION FOR JUDGMENT ON THE PLEADINGS PLAINTIFF. Place and date. Signature of counsel VERIFICATION NOTICE OF HEARING PROOF OF SERVICE EXPLANATION R. which raises no factual issue. On 5 May 1998. With respect to the computation of the 12% interest. the said obligation but thattoPlaintiff filed this Complaint instead. 2. the same is a matter of mathematical or arithmetical computation. there is no genuine issue of fact which requires full-blown trial.

00) as the amount of money lent Exhibit “A-1” The bracketed and sub-marked portion of Exhibit “A” containing the signature of Eugenio Villareal III Exhibit “A-2” The bracketed and sub-marked portion of Exhibit “A” containing the signature of Raul Gerodias as President and authorized representative QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. EXHIBITS Exhibit “A” DESCRIPTION Confirmation Advice issued to Eugenio Villireal III indicating the amount of Ten Million pesos (P 10. Signature of Counsel NOTICE OF HEARING PROOF OF SERVICE EXPLANATION S.000. by counsel. Eugenio Villareal III invested Ten Million Pesos (P 10. FORMAL OFFER OF EVIDENCE (Copy Caption and Title) FORMAL OFFER OF EVIDENCE (In Support of __(defendant’s)__ Prayer for the dismissal of the complaint for collection of sum of money) Defendant. a confirmation advice was issued indicating that plaintiff’s money was lent to XYZ Realty. Page 37 of 54 . of defendant ABC Capital Corporation PURPOSE The foregoing exhibits are being offered to prove the following facts: 1.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 in her favor. Inc.000.00) with Defendant ABC Capital Corporation and correspondingly. respectfully submits its formal offer of exhibits in support of its prayer in the Complaint dated ______________ for the dismissal of the complaint for collection of sum of money with application for writ of preliminary attachment. Place and date.000.000.

PRAYER WHEREFORE.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. such act indicating his conformity to the terms and conditions of the transaction. Motion for Execution (Copy Caption and Title) MOTION FOR EXECUTION PLAINTIFF. The decision in and a plaintiff has become final and executory since more than fifteen (15) days QuickTime™ favor TIFF (Uncompressed) decompressor are needed to see this picture. Page 38 of 54 . from defendant’s receipt therof on ____ had already without defendant appealing therefrom. WHEREFORE. Inc. Allied Bank respectfully manifests that the foregoing faithful reproductions and originally marked documentary exhibits are attached hereto and respectfully submitted herewith. Place and date. execution is a matter of right on the part if the prevailing party and a ministerial duty of the court to issue writ of execution. 2. After a decision has become final. Other reliefs just and equitable are likewise prayed for. real or contingent. plaintiff prays that a writ of execution be issued for the satisfaction of the judgment dated __________. to the former in respect to the loan granted to XYZ Realty. it is respectfully prayed that the foregoing exhibits be admitted in evidence for the purpose/s for which they are offered and as part of the testimony of the witness presented by ABC Capital Corporation. Plaintiff freely and voluntarily signed the Confirmation Advice. Defendant ABC Capital Corporation have acted merely in plaintiff’s behalf and/ or for his benefit. and to this Honorable Court. 3. risk and account without recourse or liability. through the undersigned counsel. The foregoing exhibits are also being offered as part of the testimony of ABC Capital’s witnesses. respectfully alleges: 1. Signature of Counsel PROOF OF SERVICE T.

Notice of Lis Pendens (Copy Caption and Title) NOTICE OF LIS PENDENS THE REGISTER OF DEEDS ____________ City.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Place and date. ________ Province Please take notice that a parcel of land covered by TCT No. Accordingly. Signature of Counsel The Clerk of Court RTC Address Sir: Please submit the foregoing motion for the approval of the Court upon receipt thereof. Place and date. please record this notice on the title. Signature of Counsel PROOF OF SERVICE U. registered in the name of defendant is the subject matter of an action for reconveyance of an undivided onesixth portion thereof filed by__________. notice and hearing not being required. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Signature of Counsel PROOF OF SERVICE Page 39 of 54 . ______ located in _______________. RESPECTFULLY SUBMITTED. above-named plaintiff.

on the following grounds: 1.) WHEREFORE. Place and date.) 2. PROOF OF SERVICE EXPLANATION Page 40 of 54 . and to this Honorable Court respectfully moves for the reconsideration of the decision dated ___. copy of which was received by him _____. Defendant further prays for such other reliefs as may be just and equitable in the premises. and a new one rendered in favor of herein defendant. defendant prays that the decision be reconsidered and set aside. Motion for Reconsideration (Copy Caption and Title) MOTION FOR RECONSIDERATION COMES NOW.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 EXPLANATION V. The following findings or conclusions in the decision are not supported by the evidence. which does not support the same. Signature of Counsel NOTICE OF HEARING QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. The following conclusions are contrary to law. to the end that the complaint be dismissed. to wit: (Allege findings and conclusions not supported by evidence. to wit: (Copy conclusions and cite law. the defendant through the undersigned counsel.

3. that the case be set for pre-trial and trial on the merits. Accident. defendant prays that the decision be reconsidered. or duly authenticated documents which are proposed to be introduced as evidence. his affidavit supporting the accident or mistake and his good and valid defenses to defeat plaintiff’s claim. that he be granted a new trial. Signature of Counsel VERIFICATION NOTICE OF HEARING PROOF OF SERVICE EXPLANATION 4 X. Must be supported by affidavits of the witnesses by whom such evidence is expected. defendant attaches herewith as part hereof. (Allege facts constituting fraud. Motion for New Trial on the Ground of Newly Discovered Evidence (Copy Caption and Title) QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. accident mistake or excusable negligence) Defendant has good and valid defenses to defeat plaintiff’s claim. (State valid defenses. Mistake or Excusable Negligence 3 (Copy Caption and Title) MOTION FOR NEW TRIAL COMES NOW. and thereafter a new judgment be rendered holding defendant free and harmless from any liability and dismissing the complaint Place and date. as Annex “2” WHEREFORE. respectfully alleges: 1. MOTION FOR NEW TRIAL 3 4 Requires affidavits of merits. 2. Page 41 of 54 .) In support of this motion.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 W. Motion for New Trial on the Ground of Fraud. the defendant through the undersigned counsel and to this Honorable Court.

Since said date or receipt if the judgment and before the period to appeal therefrom has lapsed. The newly discovered evidence consist of the following: (List and describe the newly discovered evidence. the case re-opened for trial. which are proposed to be introduced in evidence. respectfully alleges: 1. defendant prays that the decision be reconsidered. Place and date. Judgment against defendant was served on defendant on _______. defendant discovered and presented during trial. 5. respectfully alleges: Page 42 of 54 .) 4.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 COMES NOW. and to this Honorable Court. and thereafter judgment be rendered in favor of defendant. Signature of Counsel VERIFICATION NOTICE OF HEARING PROOF OF SERVICE EXPLANATION Y. 2. is attached hereto as Annex “1”. WHEREFORE. Motion for Relief from Judgment QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. by whom such newly discovered evidence is expected to be given. are attached hereto as Annexes “2” and “3”. The above newly discovered evidence would probably alter the results of the case. Duly authenticated documents. (Copy Caption and Title) MOTION FOR RELIEF FROM JUDGMENT COMES NOW. the defendant through the undersigned counsel. 3. the defendant through the undersigned counsel and to this Honorable Court. The affidavit of ___(name of witness)__. defendant be allowed to present his newly discovered evidence thereat.

defendant be allowed to present his evidence.g. final order. dismissing plaintiff’s complaint. 2. (Allege facts constituting fraud. and thereafter another judgment be rendered in favor of defendant. and not more than six (6) months after such judgment or final order was entered. in the above-entitled case and by the undersigned counsel respectfully defendant moves this Honorable Court to desist from trying the above-entitled case on the following averments: 1. That it appears that there is danger of partiality. Signature of counsel VERIFICATION NOTICE OF HEARING PROOF OF SERVICE EXPLANATION Z. 2. The trial court rendered an adverse judgment against him dated __________. WHEREFORE. Motion to Disqualify the Judge (Copy Caption and Title) MOTION TO DISQUALIFY THE JUDGE QuickTime™ and a TIFF (Uncompressed) decompressor are needed to COMES NOW the see this picture. mistake. or excusable negligence attending the promulgation of the judgment) 3. which he learned when plaintiff informed him that he would take steps to execute the same.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 1. Defendant further prays for such other reliefs as may be just and equitable in the premises. bias and prejudice in favor of the plaintiffs for the Page 43 of 54 . as it had become final. Place and date. accident. defendant as petitioner prays that the judgment be set aside. The instant petition is filed within sixty (60) days after the petitioner learns of judgment. Attached herewith as Annex “1” is an affidavit of defendant attesting to the (e. or such proceeding was taken. fraudulent scheme) which prevented his having his day in court and showing his good and valid defenses. the case re-opened. or other proceeding to be set aside. That defendant has been summoned before this Honorable Court. 4.

Place and date. speedy. or officer TIFF (Uncompressed) decompressor exercising judicial functions) has acted without. the undersigned counsel prays that Honorable Judge John Gomez inhibit himself and be disqualified from hearing and trying the above-entitled case. That defendant will be prejudiced if the Honorable Judge continues to hear the above-entitled case. and unto this Honorable Court. 4. board. in view of the foregoing. and of the respondent). (State that there is no appeal from such decision.) 4. Signature of Counsel NOTICE OF HEARING PROOF OF SERVICE EXPLANATION AA. (State the facts and circumstances under which the respondent (tribunal. nor any plain. WHEREFORE. Petition for Certiorari (Caption and Title) PETITION FOR CERTIORARI COMES NOW the petitioner by the undersigned attorney. That it is necessary that the Honorable Judge inhibit himself so as to promote the administration of justice.) his picture. That a certified true copy of the decision (or order) herein sought to be reviewed is hereto Page 44 of 54 . (State the capacity and residence of the petitioner. or in excess of its or his jurisdiction. respectfully alleges: 1. 2.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 reason that Honorable Judge John Gomez is related to the plaintiff within the 4th Civil Degree of Consanguinity. 3. and adequate remedy in the ordinary course of law. 3. or with grave abuse of QuickTime™ and a are needed to discretion in the exercise ofsee thisjudicial functions.

(State entitlement to Injunction and/or TRO.) 5. nor any plain or adequate speedy remedy in the ordinary Page 45 of 54 . There is no appeal from such decision. jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction. (State capacity of petitioner and respondent/s. it is respectfully prayed. Place and date. state the date on which copy of Decision was received and/or Resolution on Motion for Reconsideration. let judgment be rendered annulling or modifying the proceeding of (the defendant tribunal. together with copies of all pleadings and documents relevant and pertinent thereto. or in excess of. if filed. ordering the proceedings herein complained of to be forthwith certified upon for review (with prayer for a preliminary injunction as the case may be.) 4.. will cause grave and irreparable injury to petitioner. Petition for Prohibition (Copy Caption and Title) PETITION FOR PROHIBITION PETITIONER. legal right. i. citizenship. (State briefly the facts and circumstances under which the respondent/s whether exercising judicial or ministerial functions acted without. with costs. denied.) 3. Signature of Counsel VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING BB. by counsel. and after due hearing. that a writ of certiorari be issued.) 2. WHEREFORE.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 attached as Annex “A”. unless restrained. threatened by an act or omission of respondents. for the protection of the rights of petitioner pending such proceedings). status and residence.e. (If applicable. [a] petitioner has a clear. [b] which is QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. board or officer) as the law requires. 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. [c] and that. respectfully states that: 1.

it issee this picture. 2. 3.). or station or unlawfully excluded the petitioner from the enjoyment of a right or office to which the petitioner is entitled. a Writ of Mandamus be issued. respectfully prayed that after due notice and hearing. trust. except this petition. (State capacity and residence of both the petitioner and (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. 4. a writ of prohibition issue directing respondent/s to desist absolute and perpetually from further proceedings (in the said action or matter). The petitioner by reason of the wrongful act of the respondent has sustained damages in the sum of ___________PESOS (P____________) QuickTime™ and a TIFF (Uncompressed) decompressor are needed to WHEREFORE. speedy and adequate remedy in the ordinary course of law. Place and date. and that after due notice and hearing. and unto this Honorable Court. Signature of Counsel VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING CC. The petitioner is of legal age. 6. with damages and costs. other that this action. by the undersigned counsel. respondent). the petitioner. Petition for Mandamus (Copy Caption and Title) PETITION COMES NOW. The petitioner has no other plain. A certified true copy (or duplicate original copy) of the Decision under review is attached as ANNEX “A”. WHEREFORE. it is respectfully prayed that an injunction or TRO be issued directing respondent/s to desist and refrain from further proceedings in the premises. commanding the respondent forthwith to: (state act required to be done).Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 course of law. respectfully alleges that: 1. Signature of Counsel Page 46 of 54 .

T. Signature of Counsel VERIFICATION SPECIAL PROCEEDINGS Page 47 of 54 . QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. No. Filipino citizen and residing at _____________________ where he may be served with court processes. motions. respectfully alleges: 1.T. petitioner _____________. Place and date. That petitioner is the registered owner of a parcel of land located at ___________________ and covered by Transfer Certificate of Title No. was never mortgaged or sold to anyone. WHEREFORE. 2. it is respectfully prayed that the Register of Deeds of ______________ issue a reconstituted Original Title based on the owner’s Duplicate Certificate of Title hereto attached in the name of herein petitioner. ________. free of any encumbrances. through counsel.C. 3.C. that respondent _________________ is the Register of Deeds of ____________________ where he may be served with summons and other court processes. Register of Deeds of __________. That said T. _______ were burned. 4.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING DD. That on _____________ the office of the register of Deeds of ____________ was burned and all the Torrens Titles in said office including T. That petitioner is of legal age. married. Petition for Reconstitution of TCT (Copy Caption and Title) PETITION FOR RECONSTITUTION OF TRANSFER CERTIFICATE OF TITLE COMES NOW. and decision. unto this Court.

and two children with following names. in the City of Manila and resided at ______________. SP. ages and addresses: (List the names of the heirs and their corresponding ages and addresses. 1. widow of the late Bitoy Valenzuela. (List names oftorelatives. and for such other reliefs as are provided in the Rules of Court.) elatives of the WHEREFORE. herein petitioner. x----------------------------------------------------x PETITION COMES NOW. her husband having died on _______________ leaving no will. The deceased was survived by his wife. publication and hearing. respectfully alleges. the following are the names and residences of the r deceased: QuickTime™ and a TIFF (Uncompressed) decompressor are needed see this picture. No. Petitioner is of legal age. Petition for Letters of Administration (Copy Title) In the Matter of the Intestate Estate Of Bitoy Valenzuela. petitioner prays that after notice. 2. Bitoy Valenzuela. _______ Kwame Valenzuela. petitioner be issued letters of administration of the estate of her late husband. which haw his last residence at the time of his death. PROC. Page 48 of 54 . and with residence at ________________. Petitioner.) The deceased left the following properties.) As far as petitioner knows. the petitioner through the undersigned counsel and to this Honorable Court.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 A. Petition for Letters of Administration. (List and describe properties left.

aliases) 4. and unto this Honorable Court. Petition for Habeas Corpus QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Signature of Counsel VERIFICATION B. Petition for Change of Name (Copy Caption and Title) PETITION FOR CHANGE OF NAME The petitioner. it is respectfully prayed that. through counsel.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Place and date. His present name as recorded is________________ and that he is also known as (state WHEREFORE. after due notice and publication in accordance with the Rules of Court and hearing this Honorable court adjudge that the petitioner’s name of ___________ be changed to_______________. ____________. (State reason for which the change of name is sought) The petitioner requests that his present name be changed to_________. respectfully submits: Page 49 of 54 . by the undersigned counsel. 2. Signature of Counsel VERIFICATION C. single/married/ and a resident of___________________ He has been a bona fide resident of the province of ______________since the year_____. Petitioner is of age. 5. 3. or at least three (3) years prior to the date of filing of this petition. (Copy Caption and Title) PETITION FOR A WRIT OF HABEAS CORPUS COMES NOW the Petitioner. respectfully avers that: 1. and unto this Honorable Court.

CRIMINAL A. and to summon the respondent ________________ then and there to appear to show cause of the detention of said _________________. speedy. with address at _________________. and adequate remedy to protect his personal rights except by his application for a Writ of Habeas Corpus. 5. That the petitioner through counsel has exhausted all efforts available at law. That this restraint of liberty consists of the following: (State facts constituting the illegal confinement. Signature of Counsel VERIFICATION QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. in whose behalf this application is being made. and that after due proceedings. Petitioner further prays for such other relief as this Honorable court may deem just and equitable under the premises. 3. 2. with address at ______________ and the respondent is a Filipino citizen. ____________ at the latter’s residence at ____________________. commanding the latter to have the body of ___________ before this Court at the time and place therein specified.) 4. ________________. the said ___________________ be restored to his liberty and forthwith discharged from confinement. directed to respondent ____________ or any other person acting under his authority.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 1. Complaint-affidavit Republic of the Philippines ) Page 50 of 54 . is actually restrained of his liberty by the respondent. That such restraint of liberty and the confinement of the petitioner under the circumstances state are without legal authority. WHEREFORE. and that he has no other plain. That the petitioner. Place and date. your petitioner respectfully prays that a Writ of Habeas Corpus be issued by this Honorable Court. That petitioner is a Filipino citizen. of legal age. of legal age. ___________.

no doubt that respondent’s use of the word “swindled” was deliberate as his explanation and clarification a few utterances thereafter would show.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 City of Makati ) s. 6.s. For this reason. Consequently. reputation and character before my neighbors and peers. of violating Article 358 of the Revised Penal Code (Slander and Oral Defamation). reputation and character are incapable of pecuniary estimation as these are the result of a lifetime’s effort to build a name. 2. __(respondent)__’s public and defamatory utterance was clearly a reference to me and to no other. COMPLAINT-AFFIDAVIT I. Filipino. 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. Respondent’s remarks. Respondent’s remarks have injured my name. I am a member of the ____________________(“Association”) and was formerly a Director and Corporate Secretary of the Association. 3. calling me a swindler twice over. a “Certification to File Action” was issued by the Barangay Chairperson. Prior resort to the Barangay conciliation system proved fruitless as __(respondent)__ did not retract his remarks. a copy of which is attached as ANNEX B. _________. residing at ________________. Consequently. respondent cannot be allowed to simply go scot-free without bearing the consequences of his acts. There is. moreover. I accuse and hereby charge _____________. Respondent’s remarks are also very serious as they cast aspersions on my reputation. and resident of ___________________. of legal age. who has acted as Board Member of the Association. nature and predisposition. maliciously and deliberately uttered defamatory remarks against me during the Board Meeting of the Association on _____________. committed against me when he publicly. uttered in a public meeting are clearly insulting and defamatory as they malign me and attribute to me a criminal act. reputation and character that my children and their children can be proud to bear. I am also holding respondent liable civilly for defaming me in the amount of _____________ Page 51 of 54 . 4. character and very person before my peers and fellow homeowners. There is no other person named __(“complainant’s name”)__ residing at ____________ nor is there any other person named “__(complainant’s name)__”. 5. do hereby state under oath that: 1. While my name. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.

I have signed this Complaint-Affidavit on _____________. TO THE TRUTH OF THE FOREGOING. ____________ (P_______) in moral damages and ___________ (P____________) in exemplary damages. by counsel. unless he acted with discernment. the accusedand a QuickTime™ respectfully states that: TIFF (Uncompressed) decompressor are needed to see this picture. is exempt from criminal liability.) In support. Under Article 12. ________________________ Investigating Prosecutor CERTIFICATION I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIED THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT. a person over nine years of age and under fifteen. 2007. Motion to Quash Information (Copy Caption and Title) MOTION TO QUASH THE ACCUSED.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 (P____________) in nominal damages. ARGUMENT The Information alleges that the accused ________________ is eleven (11) years old and without any known address. __________________________ Investigating Prosecutor B. respectfully moves to quash the Information for the crime of theft on the following: GROUNDS (Enumerate the ground/s relied upon. __________________________ Complainant-Affiant SUBSCRIBED AND SWORN TO BEFORE ME this ___ day of January. paragraph 3 of the Revised Penal Code. Page 52 of 54 .

it is respectfully prayed that the Information against the accused be QUASHED and that the accused be released immediately from detention. (Allege circumstances showing insufficiency of evidence. It is only in the event that the prosecution. Thus.) Page 53 of 54 . sufficient 2. Place and date. The effect of this presumption is that it entitles the accused to not say anything in his defense and places the burden directly on the prosecution to prove everything relative to his guilt. the accused is presumed to be innocent until proven guilty. with leave of court previously obtained. Signature of Counsel NOTICE OF HEARING PROOF OF SERVICE EXPLANATION C.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 There is no allegation that the accused acted with discernment. WHEREFORE. The prosecution has failed to adduce sufficient evidence of guilt such as would shift the burden of proof. evidence of guilt. cannot be tried but instead shall have the benefit of a suspension of all proceedings against him. by counsel. has adduced this picture. after QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see resting its case. Demurrer (Copy Caption and Title) DEMURRER TO THE PROSECUTION’S EVIDENCE THE ACCUSED. respectfully submits this Demurrer to the Prosecution’s Evidence on the ground that the prosecution has failed to adduce sufficient evidence of his guilt to overcome the presumption of innocence and shift the burden of proof: 1. Under the Constitution. unless sixteen years of age at the time of the commission of a grave or less grave felony. which provides that a minor. The duty of the court would be to commit the minor to the custody or care of a public or private benevolent or charitable institution for the care and education of homeless and delinquent children or to the custody of the Department of Social Work and Development. Even granting said discernment. the accused cannot be tried but instead proceeded against under Article 80 of the Revised Penal Code. that the burden of proof shifts to the accused. the prosecution must rely on the strength of its evidence and not wait for the accused to offer any defense.

Place and date. he must.Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. the accused respectfully prays that the Information against him be DISMISSED and that he be ACQUITTED of the crime charged. the offense is not proven. i. absence of a license. be acquitted. The accused is innocent. Absent proof of the negative element.e.. thus. Page 54 of 54 . Signature of Counsel NOTICE OF HEARING PROOF OF SERVICE EXPLANATION QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. WHEREFORE.

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