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CHECKLISTS & SAMPLE FORMS

IN CIVIL PROCEDURE, CRIMINAL PROCEDURE, SPECIAL PROCEEDINGS AND SPECIAL CIVIL ACTIONS PLUS SELECTED DEEDS, CONTRACTS AND FORMS IN CORPORATE PRACTICE* This Form Book is
Professor Tes intellectual creation and under pertinent laws, copyright is owned by Professor Te; Atty. Enriquezs checklists are used with his express permission. The use of this updated Checklist by the University of the Philippines Law Student Government [LSG] for its Bar Operations (2003) has been expressly allowed; unauthorized copying, distribution, dissemination, sale or use by entities other than those who have sought permission is prohibited. All rights are reserved and all remedies will be pursued. [ 2003 Edition ]

PROFESSOR THEODORE O. TE**

PART ONE: PLEADINGS AND OTHER LEGAL DOCUMENTS IN CIVIL PROCEDURE

FORM NO. 1. COMPLAINT (AND OTHER INITIATORY PLEADINGS)1


I. CHECKLIST OF REQUIREMENTS: Caption Parties/Capacity of Parties Material Allegations of Ultimate Facts Statement of Cause(s) of Action Prayer/Reliefs Date/Place of Execution2 Signature of Counsel3 Verification4 and Certification Against Forum Shopping

Updated 2003. This Form Book was first created in 1999 by Professor Theodore O. Te, upon suggestion of and specifically for use by the 1999 Bar Candidates of the U.P. College of Law. It was later updated in 2000, which contained, for the first time, some checklists prepared by Atty. Alexes M. Enriquez (a former Supervising Lawyer of the U.P. Office of Legal Aid) for Atty. Enriquezs lecture during the Annual OLA Trial Techniques Seminar (Summer 2000; Marvic M.V.F. Leonen, Director) and some which Professor Te uses in his own practice. This latest update is a slightly modified version of the 2000 edition, with new forms made necessary by the 2000 Rules on Criminal Procedure and other pertinent laws. Some new forms have been made necessary by new Supreme Court rules such as the Rule on Provisional Orders (AM No. 02-11-12-SC).

**

Assistant Professor, U.P. College of Law; Managing Partner, Sanidad Abaya Te Viterbo Enriquez & Tan; Bachelor of Laws, University of the Philippines (1990); Regional Coordinator, Free Legal Assistance Group (FLAG) (2000-present); Supervising Attorney, U.P. Office of Legal Aid (1998-2000; 2002); 1 Cf. Rules 6, 7 and 8, 1997 Rules on Civil Procedure; 2 A new requirement specifically provided under Rule 7, section 2(d). 3 Significant amendment introduced by 1997 Rules on Civil Procedure; cf. Rule 7, section 3. 4 Take note that under Rule 7, section 4, a verification based on information and belief or upon knowledge, information and belief is considered defective and the pleading unverified.

II. SAMPLE/REPRESENTATIVE FORMS

Republic of thePhilippines

A. COMPLAINT FOR EJECTMENT WITH DAMAGES Regional Trial Court National Capital Judicial Region METROPOLITAN TRIAL COURT Branch 33, Quezon City ALIS DI-YAN COMPANY, Plaintiff, versus Civil Case No. 2222 For : Ejectment

No branch number yet if initiatory pleading because yet to be raffled

YOKO NGA, Defendant. x ----------------------------------- x COMPLAINT PLAINTIFF, by counsel, respectfully states that: 1. Plaintiff is a foreign corporation organized and existing under the laws of France with business address at 111 Ocean Drive, Tuna Compound, Quezon City; Defendant is a Filipino, of legal age, single and currently resident of 112 Ocean Drive, Tuna Compound, Quezon City, where he may be served with summons and other pertinent processes. 2. Plaintiff owns that property located at 112 Ocean Drive, Tuna Compound, Quezon City which it leased to defendant under the terms and conditions stated in the Contract of Lease dated 1 January 1995, which contract expires on 31 December 1996. A copy of the contract is attached as ANNEX A. 3. Upon expiration of the contract, plaintiff informed defendant of its intention not to renew the lease as it would use the property for its business expansion; plaintiff then asked defendant to vacate the premises. A copy of plaintiffs letter to defendant is attached as ANNEX B. 4. Despite demand duly made and received, defendant has refused to vacate the premises and continues to occupy the property without plaintiffs consent. Resort to the Barangay conciliation system proved useless as defendant refused to appear before the Lupong Tagapamayapa. A Certification to File Action is attached as ANNEX C.5 5. Defendants act of dispossession has caused plaintiff to suffer material injury because plaintiffs 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. Defendants continued occupation of the premises has also forced plaintiff to sue and to incur legal expenses amounting to Fifty Thousand Pesos (PHP50,000.00). WHEREFORE, 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$3,500 representing rentals on the machineries for seven (7) months and Fifty Thousand Pesos (P50,000.00) for Attorneys fees. Other just and equitable reliefs are also prayed for. Quezon City; _________________ (SGD.) ATTICUS FINCH Counsel for Plaintiff
No case number yet

Please note that this particular allegation may actually be unnecessary considering the facts given and that the plaintiff is a juridical person. It is included in this complaint simply for educational purposes as a representative allegation of this fact. Page 2 of 62

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING I, C.K. Hilfiger, of legal age, do hereby state that: I am the Chief Executive Office of Alis Di-yan Company and in such capacity, caused this Complaint to be prepared; I have read its contents and affirm that they are true and correct to the best of my own personal knowledge; I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the court within five (5) days from my notice. IN WITNESS WHEREOF, I have signed this instrument on _____________. (SGD.) C.K. HILFIGER [SUBSCRIBED AND SWORN TO before me this ___ day of ____________, affiant exhibiting before me his CTC No. ________________ issued on _____________ at ____________________. (SGD.) N.O. TARIO Notary Public until December 31, 2002 PTR No. 11112233/1/05/02/QC Doc. No. Page No. Book No. Series of 1999;]6 B. COMPLAINT FOR SUM OF MONEY7 Republic of the Philippines Regional Trial Court National Capital Judicial Region Branch 101-Makati City ESTA PADORA, Plaintiff, versus Civil Case No. 000882 For: Sum of Money

MANGGA GANTSO, Defendant. x -------------------------- x COMPLAINT PLAINTIFF, by counsel, respectfully states that: 1. Plaintiff is a Filipino, of legal age, and resident of 6750 Forbes Park, Makati City; defendant is also a Filipino, of legal age and resident of 6752, Forbes Park, Makati City, where he may be served with summons and other processes. 2. Sometime in January 1996 and over a period of six (6) months, defendant borrowed certain amounts from plaintiff. Defendant promised to pay these amounts on an installment basis monthly. These amounts now total Nine Hundred Thousand Pesos (P900,000.00). 3. Despite repeated demands, both oral and written, defendant failed or has refused to pay any amount to plaintiff as no installment payment has even been made. A copy each of plaintiffs two (2) demand letters is attached as ANNEX A and B. 4. Resort to the Baranggay Conciliation process proved fruitless as defendant failed to appear, despite notice on him to appear. Thus, a Certification to File Action, a copy of which is attached as ANNEX C, was issued by the Baranggay Chairman.

The highlighted and bracketed portion is a JURAT; this accompanies any notarized document that is declaratory in nature, as opposed to a notarized document that transmits rights or property, which must be accompanied by an ACKNOWLEDGMENT. Note that if the document is subscribed before a public officer duly authorized to take oaths, then there is no need for the affiant to produce a CTC nor for the entry into a Notarial Register; thus, the italicized portion of the JURAT is dispensed with but not the oath itself. 7 1978 Bar Question; Page 3 of 62

[5. Defendants obligation is due and demandable and plaintiff is entitled to the payment of the entire amount of Nine Hundred Thousand Pesos (P900,000.00) plus legal interest. 6. By reason of defendants unreasonable failure or refusal to pay his due and demandable obligation, plaintiff was forced to engage the services of counsel to vindicate his rights thereby committing himself to pay legal expenses amounting to Fifty Thousand Pesos (P50,000.00). WHEREFORE, plaintiff respectfully prays for judgment in his favor through a Decision directing defendant to pay him NINE HUNDRED THOUSAND PESOS (P900,000.00), with legal interest, as ACTUAL DAMAGES and FIFTY THOUSAND PESOS (P50,000.00) as Attorneys Fees.]8 Other just and equitable reliefs are also prayed for. Quezon City for Makati; ______________. (SGD.) ATTICUS FINCH Counsel for Plaintiff [Address] Add: Verification and Certification Against Forum Shopping C. COMPLAINT FOR REPLEVIN9 Republic of the Philippines Regional Trial Court National Capital Judicial Region Branch 101-Makati City HURTS RENT-A-CAR, represented by AKIN NAYAN, Plaintiff, Civil Case No. 000088 versus -

YOKO NGA, Defendant. x----------------------------------- x COMPLAINT Plaintiff, by counsel, respectfully states that: 1. Plaintiff is the general manager of Hurts Rent-A-Car with offices at Makati City; defendant is a Tongan, temporarily residing at Bayview Hotel, Roxas Boulevard, Manila. 2. Hurts Rent-A-Car is the registered owner of a Honda CRV with license plate number TUV-675, which defendant, on 3 March 1999, rented from plaintiff for a period of one (1) week. 3. On 15 March 1999, plaintiff demanded from defendant the return of the car but defendant failed and refused to do so. 4. The car has not been taken for a tax assessment or a fine pursuant to law nor has it been seized on execution or attachment. Its present value is approximately Nine Hundred Thousand Pesos (P900,000.00). 5. Plaintiff is ready, willing and able to give bond in defendants name in double the value of the property for the return of the property to defendant should that be adjudged or for the payment of such sum that defendant may recover from plaintiff in this action.
8

Please note that the bracketed and italicized portion is indispensable to the filing of a Complaint as it is required that every Complaint state in the body as well as in the prayer the amount of damages sought. This is jurisdictional and a complaint that fails to comply with this requirement is fatally defective. 9 1986 Bar Question; Page 4 of 62

WHEREFORE, plaintiff respectfully prays that the writ of replevin issue directing the Sheriff or any other authorized officer to take possession of the car and dispose of it in accordance with the Rules of Court and, after hearing, judgment be rendered declaring plaintiff to be lawfully entitled to the possession of the car and sentencing defendant to pay its value. Quezon City for Makati City; ________________. (SGD.) MITCH MCDEERE Add: Verification and Certification of Non-Forum Shopping D. COMPLAINT TO SET PERIOD OF YEARS FOR LEASE10 Republic of the Philippines Regional Trial Court National Capital Judicial Region Pasig City-Branch 161 NANG UUPA, Plaintiff, Civil Case No. 00111 versus -

NAGPA PAUPA, Defendant. x ---------------------- x COMPLAINT PLAINTIFF, by counsel, respectfully states that: 1. Plaintiff and Defendant are both Filipino citizens and of legal age; plaintiff resides at 1-A, Cruz Street, Pasig City while defendant resides at 2 Frisco Street, Pasig City, where he may be served with summons. 2. On 1 January 1996, defendant leased to plaintiff the premises at 1-A Cruz Street, Pasig City for a monthly rental of One Thousand Pesos (P1,000.00) to be paid within the first five (5) days of each month. 3. There is no fixed period for the lease agreement except that rentals are to be paid by the month. 4. Plaintiff has been paying the rentals as they fall due each month, without fail. However, on 4 April 1999, defendant gave notice to plaintiff that he is terminating the lease agreement by the end of August 1999. 5. Considering that the period of lease has not been fixed, this Honorable Court may fix a longer period of time as the lessee has been occupying the place for a period of three (3) years. A period of two (2) years is reasonable considering that the lessee has no place to transfer to immediately and that he has introduced substantial improvements to the premises amounting to Fifty Thousand Pesos (P50,000.00). WHEREFORE, it is respectfully prayed that this Honorable Court fix a period of years for the lease between plaintiff and defendant. Quezon City for Pasig City; 6 August 2002. (SGD.) ATTICUS FINCH Counsel for Plaintiff [Address] Add: Verification and Certification Against Forum Shopping

FORM NO. 2. ANSWER WITH AFFIRMATIVE DEFENSE AND


10

1980 Bar Question; Page 5 of 62

COUNTERCLAIM11
I. CHECKLIST OF REQUIREMENTS: Caption Denials/Admissions12 Statement of Affirmative Allegations Statement of Affirmative/Negative Defenses13 Counterclaim or Crossclaim14 Prayer/Reliefs Date/Place of Execution Signature of Counsel Verification Certification Against Forum Shopping Proof of Service II. SAMPLE/REPRESENTATIVE FORMS
A. ANSWER WITH COMPULSORY COUNTERCLAIM Regional Trial Court National Capital Judicial Region METROPOLITAN TRIAL COURT Branch 33, Quezon City ALIS DI-YAN COMPANY, Plaintiff, Civil Case No. 2222 versus For : Ejectment YOKO NGA, Defendant. x ----------------------------------- x ANSWER (With COUNTERCLAIM) DEFENDANT, by counsel, respectfully states that:

11 12

Cf. Rules 6, 7 and 8, 1997 Rules on Civil Procedure; Take note of Rule 8, section 11 on effect of specific denial and absence of specific denial on material allegations in a Complaint; cf. Rule Rule 8, section 10 on the definition, scope and requirements of a specific denial. 13 Cf. Rule 6, section 5 where Defenses, both negative and affirmative, are defined expressly. 14 Cf. Rule 6, sections 6, 7, 8 and 9 on definitions of counterclaims and crossclaims. Take note that Rule 11, section 8 provides that a compulsory counterclaim or crossclaim existing at the time of the filing of the Answer must be pleaded in the Answer; cf. Rule 11, section 9 (on counterclaim or crossclaim arising after answer) and section 10 (on effects of failure to include compulsory counterclaim or crossclaim existing at the time of the filing of the Answer). Page 6 of 62

Admissions/Denials 1. He admits the contents of paragraph 1 only insofar as his personal circumstances but specifically denies the contents insofar as plaintiffs personal circumstances for the reason stated in the Affirmative Defenses below. 2. He admits the contents of paragraph 2 only where it states that a Contract of Lease was entered into but specifically denies that the Contract reflects the true intent of the parties as explained in the Affirmative Defenses below. 3. He admits the contents of paragraph 3 only as to the fact that demand to vacate was made but specifically denies its contents as to the truth of the reasons for the letter for lack of knowledge sufficient to form a reasonable belief as to its truth or falseness.. 4. He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in the Affirmative Defenses below. Affirmative Defenses 5. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that the Complaint should be dismissed because: 5.1. Plaintiff has no capacity to sue as it is a foreign corporation doing business in the Philippines without a license. 5.2. The Complaint fails to state a cause of action as the Contract of Lease (ANNEX A) was, before its expiration, superceded by a Deed of Absolute Sale whereby plaintiff sold to defendant the parcel of land in question, a copy of which is attached as ANNEX 1. Counterclaim 6. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that he is entitled to reliefs arising from the filing of this malicious and baseless suit, as follows: 6.1. Moral Damages amounting to One Million Pesos (PHP1,000,000/00) because his name and reputation were besmirched by this malicious and baseless suit. 6.2. Attorneys Fees amounting to One Hundred Thousand Pesos (P100,000.00) because he was compelled to secure services of counsel to vindicate his legal rights. WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by dismissing the Complaint and granting defendants counterclaim by awarding defendant: (a) One Million Pesos as Moral Damages, and (b) Fifty Thousand as Attorneys Fees. Other just and equitable reliefs are prayed for. Quezon City; __________________. (SGD) MITCH MCDEERE Counsel for Defendant VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING15 I, YOKO NGA, of legal age, do hereby state that: I am the defendant in the case filed by Alis Di-yan Company for ejectment; in response, I have caused the preparation of this Answer
15

Please note that Rule 7, section 5 of the 1997 Rules on Civil Procedure requires that any initiatory pleading, among which is a counterclaim, must be accompanied by a Certification against Forum Shopping. Also please note that an Answer need not be verified but if there is a specific denial of an actionable document, such as that contained in italics above, then the Answer must be verified. See again Rule 8, secs. 7 (definition of actionable document), 8 (how to contest such documents), 10 (requirements of a specific denial), 11 (effects of failure to specifically deny). Page 7 of 62

with Counterclaim; I have read its contents and affirm that they are true and correct to the best of my own personal knowledge; I specifically deny the genuineness and due execution as well as the binding effect of the actionable documents pleaded by plaintiiff;16 I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the court within five (5) days from my notice. IN WITNESS WHEREOF, I have signed this instrument on 27 July 2002. (Sgd) YOKO NGA JURAT B. ANSWER WITH COUNTERCLAIM AND CROSSCLAIM See Form No. 2-A, supra, but add-Crossclaim 7. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that he is entitled to indemnity and/or contribution from co-defendant MANGGA GANTSO in the event that he is made liable to plaintiff because co-defendant MANGGA GANTSO acted as the duly authorized agent of plaintiff in the sale of the property and, acting as such, received consideration, in the form of the purchase price, from defendant. WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by dismissing the Complaint and granting defendants counterclaim by awarding defendant: (a) One Million Pesos as Moral Damages, and (b) Fifty Thousand as Attorneys Fees. In the event that defendant is made liable to plaintiff on the Complaint, he further prays that co-defendant MANGGA GANTSO be made liable to indemnify defendant in the same amount under the Crossclaim.

(SGD) MITCH MCDEERE Counsel for Defendant Add: VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

FORM NO. 3. PRE-TRIAL BRIEF17


I. CHECKLIST OF REQUIREMENTS: Proposed terms for amicable settlement Alternative modes of dispute resolution Summary of admitted facts Proposed stipulation of facts and issues documents to be presented Names of witnesses and substance of their testimony Resort to discovery Available trial dates

16

Representative specific denial under oath, as required by the Rules, in relation to any actionable document; 17 Rule 18, section 6; Page 8 of 62

II. SAMPLE/REPRESENTATIVE FORM:


Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Quezon City~Branch 90 LAKISA LAYAW, Plaintiff, Civil Case No. 97-31312 versus -

LAKISA HIRAP, Defendant. x ------------------------------------- x PRE-TRIAL BRIEF18 DEFENDANT, by counsel, respectfully submits her Pre-Trial Brief, as follows: I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT19 1.1. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of openness from plaintiff, defendant is open to the possibility of amicably settling this dispute. 1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, defendant respectfully submits that the desired terms of any amicable settlement would involve, first, a clarification of the actual extent of any obligation due and owing to plaintiff inasmuch as there is nothing to indicate defendants obligations to plaintiff and, second, a schedule of payments. II. BRIEF STATEMENT OF CLAIMS AND DEFENSES 2.1. Plaintiff seeks principally to recover the amount of Twenty Two Million Eight Hundred Eighteen Thousand Nine Hundred Forty Eight Pesos and Thirty Centavos (PHP22,818,948.30) with interest at twelve percent (12%) arising allegedly from unpaid orders delivered to defendant variously in 1989. 2.2. Defendant resists plaintiffs claims based on a failure to state a cause of action because of : 2.2.1. Plaintiffs lack of personality to sue and, therefore, not being the real party in interest under Rule 3, section 2 of the 1997 Rules of Civil Procedure; 2.2.2. Extinguishment of the alleged claim made by the entity Regency Furniture. 2.3. Defendant also interposed a compulsory counterclaim for Two Million Pesos (PHP2,000,000.00) for moral damages and Two Million Pesos (PHP2,000,000.00) for exemplary damages and One Hundred Thousand Pesos (PHP100,000.00) as attorneys fees.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES


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Please note that there is no need to attach a Notice of Hearing for a Pre-Trial Brief. Please note also that pre-trial is now mandatory in criminal cases under Rule 118, 2000 Rules on Criminal Procedure as well as under RA 8493 (The Speedy Trial Act) although neither the law nor the Rules require the submission of a Pre-Trial Brief in criminal cases (in practice, courts also do not require the submission of a pre-trial brief in criminal cases). Consequently, the requirement of a pre-trial brief and the consequences for failure to submit one (e.g., non-suit or dismissal) appear to pertain exclusively to civil cases. 19 This is a new requirement imposed by the 1997 Rules on Civil Procedure. Page 9 of 62

3.1. Defendant admits only those facts stated in her Answer, i.e., her personal circumstances, receipt of the demand letter dated January 5, 1997 and her reply to the demand letter. 3.2. Subject to a concrete proposal for stipulation of additional facts from plaintiff during pre-trial or even thereafter, defendant admits no other facts stated in the Complaint. IV. ISSUES TO BE TRIED 4.1. Defendant submits that the following issues put forward by plaintiff are subject to proof: 4.1.1. Plaintiffs personality to seek legal reliefs; 4.1.2. Plaintiffs entitlement to the amount claimed; 4.2. Defendant submits that the following issues she put forward are subject to proof: 4.2.1. Plaintiffs bad faith in filing this suit; 4.2.2. Defendants entitlement to the claims made in her Compulsory Counterclaim as a result of plaintiffs bad faith; V. EVIDENCE 5.1. Defendant intends to present the following witnesses: 5.1.1. Defendant herself, who will testify on the true circumstances leading to the filing of this suit against her; 5.1.2. An employee of Topless Enterprises with personal knowledge as to the true circumstances behind the alleged obligations due and owing in favor of plaintiff. 5.2. Defendant reserves the right to present any and all documentary evidence which shall become relevant to rebut plaintiffs claims in the course of trial as well as any other witnesses whose testimony will become relevant to belie plaintiffs witnesses, if necessary. VI. RESORT TO DISCOVERY 6.1. Considering the relatively simple issues presented, defendant does not intend to avail of discovery at this time. 6.2. Subject, however, to a concrete and reasonable request for discovery from plaintiff, defendant reserves the right to resort to discovery before trial. RESPECTFULLY SUBMITTED. Quezon City; 14 April 2002.

(SGD.) MITCH MCDEERE Counsel for Defendant

Copy furnished: ATTY. MA BOLA Counsel for Plaintiff

Page 10 of 62

FORM NO. 4. MOTIONS20


I. CHECKLIST OF REQUIREMENTS: Grounds Prayer/Relief Notice of Hearing21 Proof of Service22 Attachments (if any) Verification (in certain cases) II. SAMPLE/REPRESENTATIVE FORMS: A. MOTION TO DISMISS (with REQUEST FOR AND NOTICE OF HEARING)23 Regional Trial Court National Capital Judicial Region METROPOLITAN TRIAL COURT Branch 39, Quezon City LAKI ASSET COMPANY, Plaintiff, Civil Case No. 3333 versus For : Sum of Money DAMI UTANG CORPORATION, Defendant. x --------------------------------------- x MOTION TO DISMISS DEFENDANT, by counsel, respectfully moves to dismiss the Complaint on the ground that the Complaint fails to state a cause of action as THE OBLIGATION SOUGHT TO BE ENFORCED BY PLAINTIFF IS NOT YET DUE AND DEMANDABLE, as shown by the following: 1. Allegedly, plaintiff has failed to reach the quotas agreed upon under the Marketing Agreement dated 1 January 1999; defendant now seeks to collect the sum of TWO HUNDRED THOUSAND PESOS (P200,000.00), representing the balance of the proceeds due plaintiff under the said Marketing Agreement. 2. The contract is for one (1) year and defendant is given that same period to reach the quota specified therein; the period of one (1) year has not expired. Consequently, plaintiffs claim is premature as there is yet no breach of the Marketing Agreement until the period expires and the quota is not attained. For this reason, plaintiffs Complaint states no cause of action and must be dismissed. WHEREFORE, defendant respectfully prays that the Complaint be DISMISSED for failure to state a cause of action. Other just and equitable reliefs are also prayed for. Quezon City; (Date). (SGD.) MITCH MCDEERE Counsel for Defendant REQUEST FOR & NOTICE OF HEARING24
20 21

Cf. Rule 15, 1997 Rules on Civil Procedure; Rule 15, section 5; Cf. Rule 15, section 4 (on period of service); 22 Rule 15, section 6 in relation to Rule 13, section 13; 23 1988 Bar Question; 24 Please take note that the Notice of Hearing is actually both a REQUEST and a NOTICE; a REQUEST for the Branch Clerk of Court to include the motion in the calendar for hearing on a specific date and a NOTICE to opposing counsel of the hearing date requested. In non-litigious motions or ex Page 11 of 62

THE BRANCH CLERK OF COURT Metropolitan Trial Court Quezon City, Branch 39 Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipt hereof and kindly include the same in the courts calendar for hearing on August 9, 1999 at 8:30 in the morning. ATTICUS FINCH 1 MockingBird Street Timog Avenue, Quezon City Please take notice that counsel has requested to be heard on August 9, 1999 at 8:30 in the morning. (SGD.) MITCH MCDEERE B. MOTION FOR LEAVE OF COURT TO FILE PLEADING [with EXPLANATION FOR SERVICE BY REGISTERED MAIL25] Republic of the Philippines SUPREME COURT Manila LAKI UTANG, Petitioner, G.R. No. ________ versus -

DAMI LUPA, Respondent. x ------------------------------------ x MOTION26 FOR LEAVE OF COURT TO FILE REPLY WITH MOTION TO ADMIT ATTACHED REPLY27 PETITIONER, by counsel, respectfully states that: 1. Petitioner received a copy of respondents Comment to his petition on 3 January 1999. The Comment contains several allegations of fact and misinterpretations of the record that may mislead the court and need to be corrected. For this reason, petitioner intends to file a Reply. 2. Under existing rules, a Reply can no longer be filed as a matter of course. Consequently, petitioner seeks leave of this Court to file the said Reply, a copy of which, pursuant to the 1997 Rules on Civil Procedure, is attached to this motion. WHEREFORE, petitioner respectfully prays that he be granted leave of court to file a Reply and for the Court to admit the attached Reply. Quezon City for Manila; 5 January 2000. (SGD.) ATTICUS FINCH EXPLANATION28
parte motions, it is sufficient that the request not contain a date, and for that purpose, the underlined portion in the Request may be omitted with the Notice to opposing counsel simply stating that counsel will submit the motion to the court for approval immediately upon receipt. 25 Cf. Rule 13, section 13; 26 In motions filed before the Supreme Court and the Court of Appeals, a Notice of Hearing is not required. 27 Under Rule 15, sec. 9, 1997 Rules on Civil Procedure, a motion for leave to file a pleading or motion shall be accompanied by the pleading or motion sought to be admitted. 28 The requirement is for a written explanation if service is done by registered mail instead of by Page 12 of 62

The foregoing Motion and its attachment were served on Atty. Mitch McDeere by registered mail instead of personal service as counsel for petitioner only has one messenger and personal service would have resulted in the motion not being filed on time to the detriment of petitioner. (SGD.) ATTICUS FINCH C. MOTION FOR JUDGMENT ON THE PLEADINGS29 LAKISA LAYAW, Plaintiff, versus Civil Case No. 97-31312 For: Sum of Money

LAKISA HIRAP, Defendant. x ------------------------------------- x MOTION FOR JUDGMENT ON THE PLEADINGS Plaintiiff, by counsel, respectfully states that: 1. On 3 August 1998, plaintiff sued defendant for a sum of money in the amount of Nine Hundred Thousand Pesos (P900,000.00). 2. In his Answer, defendant admitted the obligation and merely stated that he was asking to be given an extension of time to pay his obligation but that plaintiff instead filed this Complaint. The Answer admits the material allegations of the Complaint and has not tendered any issue; consequently, a judgment on the pleadings may be rendered. WHEREFORE, plaintiff respectfully prays a judgment on the pleadings be rendered in his favor. Quezon City; _________________. (SGD.) MITCH MCDEERE Request for and Notice of Hearing30

personal service; the explanation need not be verified, it being required only that it is signed. However, in the Supreme Court, where an Affidavit of Service is required, it may be practical to combine the Explanation and the Affidavit of Service. Cf. Rul;e 13, sections 11 and 13. 29 1989 Bar Question; 30 Please note that this is a litigious motion, i.e., it must be set for hearing. Thus, a specific hearing date must be requested and notice thereof given to adverse party through counsel. Page 13 of 62

D. EX PARTE MOTION TO SET FOR PRE-TRIAL31 LAKISA LAYAW, Plaintiff, Civil Case No. 97-31312 versus -

LAKISA HIRAP, Defendant. x ------------------------------ x EX PARTE MOTION TO SET CASE FOR PRE-TRIAL PLAINTIFF, by counsel, respectfully states that: 1. On 1 June 1999, defendant submitted her Answer to the Complaint, thereby causing the issues to be joined. 2. This case is, thus, ripe for pre-trial. Complying with Rule 18, section 1 of the 1997 Rules on Civil Procedure, plaintiff respectfully asks that this case be set for pre-trial. WHEREFORE, plaintiff respectfully prays that this case be set for pre-trial on a date convenient to this Honorable Court. Quezon City; 3 June 2000. (SGD.) ATTICUS FINCH REQUEST AND NOTICE32 THE BRANCH CLERK OF COURT Regional Trial Court Branch 90, Quezon City Please submit the foregoing to the Court for its approval immediately upon receipt hereof. MITCH MCDEERE, ESQ. 2 The Firm Laguna Street, Quezon City Please take notice that counsel has requested for the approval of the foregoing motion immediately upon receipt. ATTICUS FINCH

31

Under Rule 18, section 1 of the 1997 Rules on Civil Procedure, it is now mandatory on the part of the plaintiff to move ex parte for setting of pre-trial. Note that the motion is expressly denominated as ex parte, i.e., no need for hearing. 32 Note the difference between this Request and Notice and that contained in Form No. 4A; this does not contain a date of hearing because under Rule 15, section 4 of the 1997 Rules on Civil Procedure, it is a motion which the Court may act upon without prejudicing the rights of the adverse party and moreover because Rule 18, section 1 expressly defines this to be an ex parte motion. Page 14 of 62

E. MOTION FOR POSTPONEMENT33 DILA TORY, Plaintiff, Civil Case No. 008877 versus -

PASEN SYOSO, Defendant. x ------------------------------------ x MOTION FOR POSTPONEMENT PLAINTIFF, by counsel, respectfully states that: 1. This case is set for trial on 5 August 1999 at 8:30 in the morning. 2. On said date and time, the undersigned counsel will be unable to appear before this Honorable Court as he has also been directed to appear on this date and time before the Regional Trial Court of Makati City, Branch 139 for People of the Philippines v. Bil Moko, Criminal Case No. 009988, where he is scheduled to terminate cross-examination of the prosecutions expert witness who will be available only on said date and time. 3. Without impugning the importance of these proceedings, plaintiff respectfully submits that his attendance in the Makati case becomes indispensable; otherwise, the accused in said case would be deprived of the opportunity to confront and cross-examine a vital witness against her. 4. This motion is prompted only by the foregoing reason and not for delay. WHEREFORE, plaintiff respectfully prays that the trial scheduled on 5 August 1999 be POSTPONED to another date convenient to this Honorable Court. Quezon City; 30 July 1999. MITCH MCDEERE REQUEST FOR AND NOTICE OF HEARING34 F. MOTION FOR EXTENSION OF TIME DILA TORY, Plaintiff, Civil Case No. 008877 versus -

PASEN SYOSO, Defendant. x ------------------------------------ x MOTION FOR EXTENSION OF TIME PLAINTIFF, by counsel, respectfully states that: 1. He has been directed to file a Reply to defendants Answer by 10 August 1999. 2. The undersigned counsel, however, 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. For this reason, the undersigned is
33 34

1987 Bar Question; In some instances, this motion is considered a non-litigious motion; thus, the request and notice need not specify a date of hearing and simply state that it is being submitted for approval immediately upon receipt. Although, the better practice would be to file such a motion early so as to be able to set it for hearing and approval by the court. Page 15 of 62

constrained to ask for an additional fifteen (15) days from 10 August 1999, or until 25 August 1999, within which to submit plaintiffs Reply. 3. This motion is not intended for delay but is motivated only by the foregoing reason. WHEREFORE, plaintiff respectfully prays that he be granted an additional fifteen (15) days from 10 August 1999, or until 25 August 1999, within which to submit plaintiffs Reply. Quezon City; 1 August 1999. MITCH MCDEERE Counsel for Plaintiff REQUEST FOR AND NOTICE OF HEARING G. MOTION TO DECLARE DEFENDANT IN DEFAULT ANAKIN SKYWALKER, Plaintiff, Civil Case No. 000909 versus -

PADME AMIDALA, Defendant. x ---------------------------------- x MOTION TO DECLARE DEFENDANT IN DEFAULT PLAINTIFF, by counsel, respectfully states that: 1. Plaintiff filed this Complaint against defendant on 1 March 1999; summons were served on defendant on 20 March 1999, as indicated by the Sheriffs Return of even date, a copy of which is attached as ANNEX A. 2. Defendants reglementary period to file Answer ended on 5 April 1999; no motion for extension of such period was filed nor was any granted motu propio by this Honorable Court. Despite the lapse of time, defendant has failed to answer the Complaint against her; plaintiff is entitled to a declaration of default and the right to present evidence ex parte against defendant. WHEREFORE, 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. Quezon City; 7 April 1999. (SGD) DARTH SIDIOUS Counsel for Plaintiff REQUEST FOR AND NOTICE OF HEARING35

35

Please note that defendant is entitled to be notified of this motion and the order declaring him/her in default; thereafter, defendant loses the right to receive any other notices except for judgment in default. Page 16 of 62

H. MOTION TO LIFT ORDER OF DEFAULT36 ANAKIN SKYWALKER, Plaintiff, Civil Case No. 000909 versus -

PADME AMIDALA, Defendant. x ---------------------------------- x MOTION TO LIFT ORDER OF DEFAULT DEFENDANT, by counsel, respectfully states that: 1. Five (5) days after service of summons and receipt of Complaint, she filed a Motion to Dismiss on the ground that plaintiffs claim is outside the jurisdictional amount of this Honorable Court under the new Expanded Jurisdiction Act and that the Complaint should properly be filed and tried before the Metropolitan Trial Court. The Motion to Dismiss, which was received by plaintiffs counsel on 25 March 1999, was set for hearing on 10 April 1999, as indicated on the Request for and Notice of Hearing. 2. Without waiting for the hearing on the Motion to Dismiss, this Honorable Court declared defendant in default on 7 April 1999 based solely on plaintiffs Motion, filed two (2) days after the supposed lapse of the reglementary period, which, however, was tolled by the filing of a Motion to Dismiss. 3. Under the circumstances, the order of default is premature and without legal and factual basis as : (a) defendant has not failed to file an Answer within the reglementary period, (b) the reglementary period has not lapsed because of the filing of the Motion to Dismiss within the period, and (c) the pendency of the Motion to Dismiss is prejudicial to the issue of defendants default. Consequently, the order of default should be lifted. WHEREFORE, defendant respectfully prays that the Order of Default against her be LIFTED and that this Honorable Court resolve her Motion to Dismiss. Quezon City; 8 April 1999. (SGD) OBI WAN KENOBI Counsel for Defendant REQUEST FOR AND NOTICE OF HEARING

FORM NO. 5. SPECIAL CIVIL ACTIONS


A. Certiorari, Prohibition and Mandamus37 I. CHECKLIST OF REQUIREMENTS: 60 days from notice of judgment or final order38 Names of petitioner and respondent Grounds relied upon Relief Statement of Material Dates Verification Certification against Forum Shopping Attachments: Certified true copies of the judgment/order
36 37 38

1985 Bar Question; Rule 65, 1997 Rules on Civil Procedure; Rule 65, sec. 4; Page 17 of 62

subject of petition All material portions of the record as would support the petition39 II. SAMPLE/REPRESENTATIVE FORMS:
A. CERTIORARI (with Injunction and/or TRO) (Caption and Title) PETITION PETITIONER, by counsel, respectfully states that: 1. (State capacity of petitioner and respondent/s, citizenship, status and residence.) 2. (State the date on which copy of Decision was received and/or Resolution on Motion for Reconsideration, if filed, denied.) 3. (State briefly the facts and circumstances under which the respondent/s exercising judicial functions acted without, or in excess of, jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction.) 4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right, [b] which is threatened by an act or omission of respondents, [c] and that, unless restrained, will cause grave and irreparable injury to petitioner. Allege also that petitioner is ready to post a bond in an amount to be fixed by the Court conditioned upon the payment to respondents of any damages suffered arising from the writ should petitioner be found not to be entitled to the writ.) 5. There is no appeal from such decision, nor any plain or adequate speedy remedy in the ordinary course of law, except this petition. 6. A certified true copy (or duplicate original copy) of the Decision under review is attached as ANNEX A. WHEREFORE, it is respectfully prayed that a writ of certiorari be issued ANNULLING the (act, decision or finding) for being in grave abuse of discretion; in the interim, that a preliminary injunction and/or temporary restraining order issue to ENJOIN any further proceedings by respondents. Quezon City; _________________ (SGD.) COUNSEL VERIFICATION, CERTIFICATION AGAINST FORUM SHOPPING AND VERIFIED STATEMENT OF MATERIAL DATES40

39

Rule 65, section 6, par. 2 expressly makes Rule 56, section 2 applicable to petitions for certiorari, mandamus and prohibition. Rule 56, section 2 provides that Rules 46, 48, 49, 51, 52 and 56 apply. Rule 46, section 3 provides that the petition must be accompanied not only by a certified true copy of the judgment or order questioned but also by such material portions of the record as are referred to therein, and other documents, relevant or pertinent thereto. 40 To the standard Verification and Certification Against Forum Shopping, ADD the date when the Decision or Judgment was received pursuant to the requirements under the Rules of Court. Page 18 of 62

B. PROHIBITION (Caption and Title) PETITION PETITIONER, by counsel, respectfully states that: 1. (State capacity of petitioner and respondent/s, citizenship, status and residence.) 2. (If applicable, state the date on which copy of Decision was received and/or Resolution on Motion for Reconsideration, if filed, denied.) 3. (State briefly the facts and circumstances under which the respondent/s whether exercising judicial or ministerial functions acted without, or in excess of, jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction.) 4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right, [b] which is threatened by an act or omission of respondents, [c] and that, unless restrained, will cause grave and irreparable injury to petitioner. Allege also that petitioner is ready to post a bond in an amount to be fixed by the Court conditioned upon the payment to respondents of any damages suffered arising from the writ should petitioner be found not to be entitled to the writ.) 5. There is no appeal from such decision, nor any plain or adequate speedy remedy in the ordinary course of law, except this petition. 6. 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, and that after due notice and hearing, a writ of prohibition issue directing respondent/s to desist absolute and perpetually from further proceedings (in the said action or matter). Quezon City; _________________ (SGD.) COUNSEL VERIFICATION, CERTIFICATION AGAINST FORUM SHOPPING AND VERIFIED STATEMENT OF MATERIAL DATES41 C. MANDAMUS (Caption and title) PETITION PETITIONER, by counsel, respectfully states that: 1. (State the capacity of petitioner and respondent/s and their addresses.) 2. (State the facts and circumstances whereby respondent/s unlawfully neglected the performance of an act which the law specifically enjoins as a duty resulting from an office, trust or station, or unlawfully excluded the petitioner from the enjoyment of a right or office to which the petitioner is entitled.) 3. Petitioner has no appeal from such decision, nor any plain or adequate speedy remedy in the ordinary course of law, except this petition.

41

To the standard Verification and Certification Against Forum Shopping, ADD the date when the Decision or Judgment was received pursuant to the requirements under the Rules of Court. Page 19 of 62

WHEREFORE, it is respectfully prayed that, after due notice and hearing, a writ of mandamus issue commanding respondent/s forthwith to: (state the act required to be done), with costs against them. Quezon City; ________________ (SGD.) COUNSEL VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

B. Quo Warranto,42 Interpleader,43 Quieting of Title and Declaratory Relief44 I. CHECKLIST OF REQUIREMENTS: Parties Quo Warranto - (a) Solicitor General, when directed by President or motu propio;45 Person claiming to be entitled to public office or position usurped or unlawfully held or exercised by another; may bring action in his own name46 against the alleged usurping public officer;47 Interpleader - Petitioner, who must claim no interest or has an interest not disputed by claimants; and claimants over the same subject matter;48 Declaratory Reliefs - Any person interested under a deed, will, contract or other writing, before breach thereof, and who stands to suffer injury by operation of the said deed, will, contract or other writing;49 Material Allegations of Ultimate Facts Quo Warranto - facts showing usurpation of office and facts showing entitlement of petitioner to the office;50 Interpleader - facts showing conflicting claims made on the same subject matter over which petitioner claims no interest or an interest that is not disputed by claimants;51 Declaratory Relief - facts showing interest under a deed, will, contract or other written instrument and injury arising from operation of said deed, will, contract or other writing and facts showing that no violation or breach has occured; may also show facts showing need to reform instrument, quiet title (arising from conflicting claims or cloud thereon) orn to consolidate ownership (as when property under pacto de retro not redeemed)52 Prayer/Reliefs Date/Place of Execution
42 43 44 45 46 47 48 49 50 51 52

Rule 66; Rule 62; Rule 63; Rule 66, section 2; Rule 66, section 5; Rule 66, section 6; Rule 62, section 1; Rule 63, sections 1 and 2; Rule 66, section 6; Rule 62, section 1; Rule 63, section 1; Page 20 of 62

Signature of Counsel Verification Certification Against Forum Shopping II. SAMPLE/REPRESENTATIVE FORMS:
A. COMPLAINT IN INTERPLEADER53 NALI LITO, Plaintiff, SCA No. ____________ versus -

UMA AGAW and INA AGAWAN, Defendants. x --------------------------------------- x COMPLAINT PLAINTIFF, by counsel, respectfully states that: 1. Plaintiff and defendants are all of legal age; plaintiff resides at ______________ while defendants reside at ___________ and _______________, respectively, where they may be served with pertinent notices. 2. On 1 June 1999, plaintiff found a Gold Rolex Oyster watch, without knowing who its true owner is. The watch is now in plaintiffs possession. On or about 5 June 1999, defendants made similar representations to plaintiff as to ownership of the watch. 3. Plaintiff, who claims no interest in the watch, cannot determine the conflicting claims of defendants and thus seeks to compel defendants to interplead and litigate their several claims between themselves. WHEREFORE, it is respectfully prayed that this Honorable Court issue an order directing defendants to interplead with one another to determine their respective rights and claims and to allow plaintiff to recover his expenses for safekeeping and the costs of this suit, as first lien upon the subject matter of this action.54 Quezon City; _______________. (SGD.) ATTICUS FINCH Counsel for Plaintiff VERIFICATION & CERTIFICATION OF NON-FORUM SHOPPING B. ACTION TO (REMOVE CLOUD ON OR) QUIET TITLE)55 IN RE : QUIETING OF TITLE OVER THE PROPERTY COVERED BY TCT NO. 12345 SCA No. 1357 NALI LITO, as Special Administrator of the Estate of the deceased DAMI LUPA, Petitioner, UMA AGAW, Respondent. x ------------------------------------------------ x PETITION PETITIONER, by counsel, respectfully states that:
53 54

Rule 62; It is important to allege this because otherwise plaintiff would be required to pay the docket fees involved in filing the Complaint in Interpleader which would be determined by the value of the property. In this way, plaintiff will not be unduly prejudiced by the costs of the suit. 55 Rule 63, sec. 1, par. 2; Page 21 of 62

1. He is the special administrator of the estate of the deceased DAMI LUPA. 2. The deceased, during his lifetime, executed a Deed of Sale of real estate in favor of the respondent dated _____________, and particularly described, as follows: (Describe property) covered by TCT No. 12345 in the Register of Deeds of Makati. The same is annotated on the title as the only encumbrance thereon. 3. The sale is fictitious and the Deed of Sale is forged, as shown by a judgment in Civil Case No. 2468, a copy of which is attached. 4. The existence of the alleged Deed of Sale is prejudicial and injurious to the title of the lawful heirs of the deceased upon the said property. Equity demands that the said Deed of Sale be surrendered and cancelled, as it is a cloud upon the title of the deceased and his lawful heirs. WHEREFORE, petitioner respectfully prays that this Honorable Court render judgment in the Estates favor by ordering the Deed of Sale surrendered and cancelled and the cloud on Title No. 12345 removed. Quezon City; ________________. (SGD.) MITCH MCDEERE Counsel for Petitioner Verification and Certification of Non-Forum Shopping C. ACTION FOR DECLARATORY RELIEF56 INA API, Plaintiff, Civil Case No. 2468 versus -

THE CITY COUNCIL OF QUEZON CITY, Defendant. x --------------------------- x COMPLAINT PLAINTIFF, by counsel, respectfully states that: 1. Plaintiff is a Filipino citizen of legal age and resident of Quezon City; defendant is the City Council of Quezon City, the duly-constituted legislative body for Quezon City, its members may be served with notices at Quezon City Hall. 2. On 1 August 1999, defendant City Council passed Ordinance No. 2345 making it unlawful to operate cellular phone units while inside a moving vehicle and penalizing any violations with a fine of P1,000.00 for each offense in addition to impounding of the cellular phone unit. The relevant portions of the Ordinance are, as follows: (Quote the relevant portions) 3. The above-quoted portion is ambiguous because it leaves unfettered discretion to the authorities to stop even urgent and important calls which may be made only while the person is in transit. It fails to consider that, due to the worsening traffic conditions in Metro Manila, majority of business is conducted in transit and over cellular phones. Plaintiff is a lawyer who frequently has to dictate important pleadings over the phone while in transit due to the worsening traffic condition. The Ordinance appears to bar his doing so but plaintiff is unaware of the limits of permissible action under the Ordinance.
56

Rule 63, sec. 1, par. 1; Page 22 of 62

4. Unless declaratory relief is granted, plaintiff will suffer grave and irreparable injury because he is unsure of the instances when he may lawfully use his cellular phone while in a moving vehicle and when such use may lead to confiscation and a fine. WHEREFORE, plaintiff respectfully prays that this Honorable Court grant declaratory relief and declare plaintiffs rights and duties under the Ordinance. ATTICUS FINCH Counsel for Plaintiff Verification and Certification of Non-Forum Shopping D. QUO WARRANTO (Caption and title) COMPLAINT PLAINTIFF, by counsel, respectfully states that: 1. (State the capacity and address of both plaintiff and defendant.) 2. (State fully and clearly the facts and circumstances showing that defendant is unlawfully occupying a public office and that plaintiff is entitled to hold the same office.) 3. (State that plaintiff has demanded that defendant vacate said office and deliver it to plaintiff but that defendant has unlawfully refused to do so.) WHEREFORE, plaintiff respectfully prays that a writ of quo warranto issue ousting and excluding defendant from occupying the office of ____________ and declare that plaintiff is entitled to the said office and that he be placed forthwith in possession thereof. (SGD) COUNSEL VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

Page 23 of 62

PART TWO: PLEADINGS AND OTHER LEGAL FORMS IN CRIMINAL PROCEDURE

FORM NO. 1: AFFIDAVIT-COMPLAINT/COUNTER-AFFIDAVIT


I. CHECKLIST OF REQUIREMENTS: Identity of affiant and other personal circumstances57 Statement of venue Factual allegations to show violation or defense Signature of affiant Verification Certification as to Personal Examination of Affiant 58 Supporting Documents/Affidavits II. SAMPLE/REPRESENTATIVE FORMS:
A. COMPLAINT-AFFIDAVIT Republic of the Philippines City of Makati ) ) s.s.

COMPLAINT-AFFIDAVIT I, MA SELAN, of legal age, Filipino, and resident of 4 Privet Drive, Triple X Village, Makati, do hereby state under oath that: 1. I am a member of the Triple X Village Homeowners Association (Association) and was formerly a Director and Corporate Secretary of the Association. 2. I accuse and hereby charge MR. MA INGAY, residing at 5 Privet Drive, Triple X Village, Makati, of violating Article 358 of the Revised Penal Code (Slander and Oral Defamation), committed against me when he publicly, maliciously and deliberately uttered defamatory remarks against me during the Board Meeting of the Association on April 27, 1998. This is attested to by the following exchange that transpired between Mr. Ingay and the other members of the Board in attendance: (Quote Exchange) Attached as ANNEX A is a copy of the official transcript of the meeting. 3. Prior resort to the Barangay conciliation system proved fruitless as Mr. Ingay did not retract his remarks. Consequently, a Certification to File Action was issued by the Barangay Chairperson, a copy of which is attached as ANNEX B. 4. There is no other person named Ma Selan residing at Triple X Village nor is there any other person named Ma Selan who has acted as Board Member of the Association. Consequently, Mr. Ingays public and defamatory utterance was clearly a reference to me and to no other. 5. Mr. Ma Ingays remarks, calling me a swindler twice over, uttered in a public meeting are clearly insulting and defamatory as they malign me and attribute to me a criminal act, nature and predisposition. There is, moreover, no doubt that Mr. Ingays use of the word swindled was deliberate as his explanation and clarification a few utterances thereafter would show. Mr. Ingays remarks are also very serious as they cast aspersions on my reputation, character and very person before my peers and fellow homeowners. 6. Mr. Ingays remarks have injured my name, reputation and character before my
57 58

Rule 112, sec. 3(a), 2000 Rules on Criminal Procedure; Id.; Note that this may be done before a prosecutor, or any government official authorized to administer an oath, or in their absence or unavailability, a Notary Public; Page 24 of 62

neighbors and peers. While my name, reputation and character are incapable of pecuniary estimation as these are the result of a lifetimes effort to build a name, reputation and character that my children and their children can be proud to bear, Mr. Ingay cannot be allowed to simply go scot-free without bearing the consequences of his acts. For this reason, I am also holding Mr. Ma Ingay liable civilly for defaming me in the amount of One Million Pesos (P1,000,000.00) in nominal damages, Five Hundred Thousand Pesos (P500,000.00) in moral damages and Five Hundred Thousand Pesos (P500,000.00) in exemplary damages. TO THE TRUTH OF THE FOREGOING, I have signed this Complaint-Affidavit on __ December 1998. MA SELAN Complainant-Affiant SUBSCRIBED AND SWORN TO BEFORE ME this ___ day of December 1998. Investigating Prosecutor CERTIFICATION I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIED THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT. Investigating Prosecutor59 B. COUNTER-AFFIDAVIT Republic of the Philippines The City of Makati ) ) s.s. COUNTER-AFFIDAVIT Re : I.S. No. 1613 I, MA LABO, of legal age, do hereby state under oath that: 1. I am the Chief of Staff of the Mayor of Quezon City, and have been occupying said post since his election to the post in 1998. In said capacity, I am in charge of coordinating the day-to-day affairs and activities of his Office. 2. I recently learned that I have been made a respondent in I.S. No. 1613, a charge for estafa, filed by a certain MA GULANG on 19 January 2000 before the Office of the City Prosecutor for Quezon City. 3. The charge is based on a supposedly unpaid account for the purchase of seven (7) Nextel phone units by a Mr. MANGGA GANTSO of the Quezon City Rescue and Environmental Distress Unit, which made the Mayor their Honorary Chairman with no direct functions; he has been supporting their activities financially with voluntary contributions. 4. There is no truth to the allegations in MA GULANGs complaint. There is no factual nor legal basis to charge me with estafa. The Complaint must be dismissed. To rebut and contradict MA GULANGs malicious lies, I set forth the true circumstances leading to the transaction below: 4.1. Sometime last year, Ms. Gulang called the office of the Mayor, looking for him; I informed her that he was not around. I took a message from her saying that she was a friend of the Mayor and that she was selling Nextel units and if we wanted to buy units from her. I informed her that both the Mayor and I had our units already; she then told me if the Mayor could refer her to prospective clients. When the Mayor arrived, I relayed the message to him. 4.2. Quite coincidentally, Mr. Gantso had called the Mayor asking if he could assist in securing Nextel units. The Mayor asked me to call Ms. Gulang. Mr. Gantso and Ms. Gulang were able to meet, as a result.
59

Rule 112, sec. 3(a), 2000 Rules on Criminal Procedure; Page 25 of 62

4.3. On that day, Ms. Gulang brought the units to the Mayors Office; she met with Mr. Gantso inside the Mayors office. They transacted business inside the Mayors Office and only passed by my office on their way out. 4.4. Some time after that, Ms. Gulang phoned me and told me that Mr. Gantso had not paid her the amount of P11,000.00 for the units. Somewhat embarrassed by this, I called Mr. Gantso and told him to pay Ms. Gulang; he assured me that he would pay her but that he just needed to collect money from the rest of the group. 4.5. After persistent calls from Ms. Gulang telling me that Mr. Gantso had not yet paid, I gave her the telephone number of Gantso so that she could just call him directly. But even then, I would still get calls from Ms. Gulang; and when she started to get angry over the telephone, I set up an appointment for Mr. Gantso to meet with her at the Office. 4.6. Thereafter, I would still receive phone calls telling me that Mr. Gantso had yet to pay; I would follow up with Mr. Gantso but he simply gave me this promise that he would pay. 5. It is utterly inexplicable that Ms. Gulang would hold me liable for estafa when all that I did was to refer Ms. Gulang to Mr. Gantso; to a certain extent, I even exerted my best efforts to see that Ms. Gulang was paid due simply to my great embarrassment at the prospect of being accused of referring a person who does not know how to pay for an obligation. 6. For this reason, it is certainly incomprehensible that I should stand accused of estafa by Ms. Gulang. I performed no act of deceit or fraud against her in ordering the units. I performed NO ACT that even remotely resembles ANY of the acts punished under Article 315. If at all, any cause of action is PURELY CIVIL in nature and that liability does not pertain to my personal account in the absence of a showing that I benefitted from the Nextel units (which Ms. Gulang does not even allege and cannot prove); any civil liability should pertain to the Office of the Mayor, not to me. 7. Considering the foregoing, I respectfully submit that there is no prima facie basis to conclude that the crime of Estafa or that any crime at all has been committed. The Complaint against me should, thus, be dismissed. TO THE TRUTH OF THE FOREGOING, I have signed this Statement on 3 February 2000. (SGD) MA LABO

(*) Verification (**) Certification

Page 26 of 62

FORM NO. 2: INFORMATION AND COMPLAINT60


I. CHECKLIST OF REQUIREMENTS: Parties Name of offended party61 Name of accused62 Designation of offense by statute63 Acts or omissions complained of as constituting the offense including a statement of the qualifying or aggravating circumstances64 Approximate time of the commission of the offense65 Place of commission66 Signature of Prosecutor (for Information)67 Signature of Offended Party, Peace officer or Public officer charged with enforcement of the law (for Complaint)68 NOTE: if Information is filed after inquest (and not preliminary investigation), ADD: Place where accused is actually detained69 Full name and address of evidence custodian70 Detailed description of recovered items, if any71 Verification72 Certification of Preliminary Investigation73 or Inquest74

60 61

Rule 110, section 6-13, 2000 Rules on Criminal Procedure; See Rule 110, section 12, 2000 Rules on Criminal Procedure; 62 See Rule 110, section 7, 2000 Rules on Criminal Procedure; 63 See Rule 110, section 8, 2000 Rules on Criminal Procedure; 64 See Rule 110, section 9, 2000 Rules on Criminal Procedure; a significant amendment to the 2000 Rules requires the Information now to contain a statement of the qualifying or aggravating circumstances. 65 See Rule 110, section 11, 2000 Rules on Criminal Procedure; 66 See Rule 110, section 10, 2000 Rules on Criminal Procedure; 67 See Rule 110, section 4, 2000 Rules on Criminal Procedure; 68 See Rule 110, section 3, 2000 Rules on Criminal Procedure; 69 See DOJ Circular No. 61 (September 21, 1993; New Rules on Inquest), section 13; 70 Id.; 71 Id.; 72 See Rule 110, sections 3, 4, 2000 Rules on Criminal Procedure; 73 See Rule 112, section 4, 2000 Rules on Criminal Procedure; 74 See DOJ Circular No. 61 (September 21, 1993; New Rules on Inquest), section 14; Page 27 of 62

II. SAMPLE/REPRESENTATIVE FORMS:


A. INFORMATION (with CERTIFICATE OF PRELIMINARY INVESTIGATION OR INQUEST) (1) BIGAMY75 PEOPLE OF THE PHILIPPINES, Plaintiff, versus Criminal Case No. 00567 For : Bigamy

PI KUTIN, Accused. x ---------------------------------------- x INFORMATION The Undersigned accuses PI KUTIN of the crime of Bigamy, committed as follows: That on or about 3 July 1998, in the City of Quezon and within the jurisdiction of this Honorable Court, the said accused, being then legally married to BIL MOKO, and without such marriage having been legally dissolved and thus valid and existing, did wilfully, unlawfully and felicitously contract a second marriage with ASA WA in the City of Quezon. CONTRARY TO LAW.76 ELLIOT NESS Assistant City Prosecutor CERTIFICATE OF PRELIMINARY INVESTIGATION77 I hereby certify that a preliminary investigation in this case was conducted by me in accordance with law; that I examined the Complainant and her witnesses; that there is reasonable ground to believe that the offense charged had been committed and that the accused is probably guilty thereof; that the accused was informed of the Complaint and of the evidence submitted against him and was given the opportunity to submit controverting evidence; and that the filing of this Information is with the prior authority and approval of the City Prosecutor. ELLIOT NESS Assistant City Prosecutor {SUBSCRIBED AND SWORN TO BEFORE ME this 9th of August 1999 in Quezon City. AL CAPONE City Prosecutor}78 Bail Recommended: P10,000.00 (2) THEFT79 PEOPLE OF THE PHILIPPINES,
75 76

1989 Bar Question; Note that the allegation of any aggravating circumstances may be made here; see Information for Attempted Rape infra for an example. 77 This Certification is appended to an Information filed after a full blown preliminary investigation is conducted; if the accused was arrested without a warrant and refused/failed to execute a written waiver of the provisions of Article 125, Revised Penal Code, the ACP should have conducted an INQUEST and not a preliminary investigation. Any Information filed would thus have a different Certification, i.e., a Certification on Conduct of Inquest. See infra. 78 Please note that the oath is administered by a public officer authorized to administer an oath; thus, the JURAT does not contain any reference to the CTC details. Contrast this with the jurat in Form 1, which applies when a Notary Public administers the oath. 79 1988 Bar Question; Page 28 of 62

Plaintiff, versus Criminal Case No. 00567 For : Theft

KLEPTO MANIAC, Accused. x --------------------------------------------- x INFORMATION The Undersigned accuses KLEPTO MANIAC of the crime of Theft, committed as follows: That on or about 3 July 1998, in the City of Quezon and within the jurisdiction of this Honorable Court, the said accused, then 11 years old and without any known address, willfully, unlawfully and feloniously, with intent to gain, without force upon things or violence upon persons and without the knowledge and consent of MA ALAHAS, the owner, took a gold necklace studded with diamonds valued at One Hundred Thousand Pesos (P100,000.00) to the prejudice of said owner. CONTRARY TO LAW. ELLIOT NESS Assistant City Prosecutor CERTIFICATION AS TO CONDUCT OF INQUEST80 I hereby certify that the accused was lawfully arrested without a warrant and that, upon being informed of his rights, refused to waive the provisions of Article 125 of the Revised Penal Code and, for this reason, an Inquest was conducted; that based on the complaint and the evidence presented before me without any countervailing evidence submitted by the accused, despite opportunity to do so, there is reasonable ground to believe that the accused has committed the crime of theft and should, thus, be held for said crime; that this Information was with the prior authority of the City Prosecutor. ELLIOT NESS Assistant City Prosecutor SUBSCRIBED AND SWORN TO BEFORE ME this 9th of August 1999 in Quezon City. AL CAPONE City Prosecutor (3) ATTEMPTED RAPE81 PEOPLE OF THE PHILIPPINES, Plaintiff, versus Criminal Case No. 00567 For : Attempted Rape

MAEL SIA, Accused. x --------------------------------------------- x INFORMATION The undersigned accuses MAEL SIA of attempted rape committed as follows: That on or about 6 June 1992, in Quezon City, the accused did then and there wilfully, unlawfully and feloniously enter the house of SEK SEE, a married woman, and finding that her husband was away, with lewd designs and by
80

As discussed supra, this Certification accompanies an Information filed after an inquest and not a preliminary investigation is conducted. An inquest is conducted only if the respondent was arrested without a warrant and does not waive the provisions of Article 125 of the RPC and does not wish to avail of a full-blown preliminary investigation. 81 1982 Bar Question; Page 29 of 62

means of force and intimidation, commenced directly by overt acts to commit the crime of attempted rape upon her person, to wit: while SEK SEE was cooking lunch, the accused seized her from behind, threw her to the floor, raised her skirt, pulled down her underwear and attempted to penetrate her with his sexual organ and would have succeeded in doing so had not her loud protests and vigorous resistance brought her neighbors to her assistance, causing the accused to flee from the premises without completing all the acts of execution. CONTRARY TO LAW with the aggravating circumstance of dwelling. ELLIOT NESS Assistant City Prosecutor CERTIFICATION OF PRELIMINARY INVESTIGATION OR INQUEST (4) FRUSTRATED MURDER PEOPLE OF THE PHILIPPINES, Plaintiff, versus Criminal Case No. 00567 For : Frustrated Murder

MAMA MATAY, Accused. x --------------------------------------------- x INFORMATION The undersigned accuses MAMA MATAY of frustrated murder committed as follows: That on or about 21 August 1996, in Quezon City, the accused did then and there take a loaded .44 Caliber Magnum pistol, directly aim the same firearm at the person of VIC TIMA, an invalid septuagenarian, and, at point blank range, with intent to kill, discharge the firearm twice against the person of said Vic Tima, inflicting on said Vic Tima two (2) wounds on his chest and stomach, which wounds would have been fatal had not timely medical assistance been rendered to the said Vic Tima. CONTRARY TO LAW with the aggravating circumstances of Evident Premeditation, use of firearm and disregard of age. ELLIOT NESS Assistant City Prosecutor CERTIFICATION OF PRELIMINARY INVESTIGATION OR INQUEST

Page 30 of 62

FORM NO. 3. MOTIONS


A. Motion to Quash Information82 I. CHECKLIST OF REQUIREMENTS: Caption and Title Parties Distinct specification of factual and legal grounds for quashal83 Relief Date Signature of counsel Notice of Hearing Affidavit of service II. SAMPLE/REPRESENTATIVE FORM:
Republic of the Philippines REGIONAL TRIAL COURT National Capital Region Branch 90-Quezon City PEOPLE OF THE PHILIPPINES, Plaintiff, versus Criminal Case No. 00567 For : Theft

KLEPTO MANIAC, Accused. x ------------------------------------------ x MOTION TO QUASH THE ACCUSED, by counsel, respectfully moves to quash the Information for the crime of theft on the following: GROUNDS 1. IT CONTAINS AVERMENTS WHICH, IF TRUE, WOULD CONSTITUTE A LEGAL JUSTIFICATION; 2. THIS COURT IS WITHOUT JURISDICTION. In support, the accused respectfully states that: ARGUMENT The Information alleges that the accused KLEPTO MANIAC is eleven (11) years old and without any known address. Under Article 12, paragraph 3 of the Revised Penal Code, a person over nine years of age and under fifteen, unless he acted with discernment, is exempt from criminal liability. There is no allegation that the accused acted with discernment. Even granting said discernment, the accused cannot be tried but instead proceeded against under Article 80 of the Revised Penal Code, which provides that a minor, unless sixteen years of age at the time of the commission of a grave or less grave felony, cannot be tried but instead shall have the benefit of a suspension of all proceedings against him. 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. WHEREFORE, it is respectfully prayed that the Information against the accused be
82 83

1988 Bar Question; Rule 117, section 2 in relation to section 3, 2000 Rules on Criminal Procedure; Page 31 of 62

QUASHED and that the accused be released immediately from detention. Quezon City; _______________. (SGD) MITCH MCDEERE Counsel for the Accused REQUEST FOR AND NOTICE OF HEARING

B. Motion to Quash Search Warrant84 I. CHECKLIST OF REQUIREMENTS: Caption and Title Distinct Specification of Factual and Legal Grounds for Quashal Failure to comply with form prescribed by law;85 Served beyond period;86 More than one offense;87 No personal determination of probable cause by Judge;88 No probable cause;89 Relief Date Signature of counsel Notice of Hearing Affidavit of service II. SAMPLE/REPRESENTATIVE FORM:
(Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, versus VIG CHAN, Accused. x ---------------------------------------------- x MOTION TO QUASH SEARCH WARRANT The ACCUSED, by counsel, respectfully moves for the quashal of Search Warrant No. 1122 issued by this Honorable Court on and dated 12 July 2000 based on the following considerations: 1. Rule 126, sec. 10 provides expressly that a search warrant shall be valid for ten (10)
84

Criminal Case No. 00022 For: Libel

Rule 126, sec. 14, 2000 Rules on Criminal Procedure; this is a new pleading expressly recognized for the first time in the Rules, although it has been used widely in practice and even acknowledged by the Supreme Court in case law. Please take note that this may be filed in and acted upon only by the court where the action is filed but if no action has yet been filed, it may be filed with the court that issued the search warrant. If no resolution has yet been made by the Search Warrant Court by the time an Information is filed, then the trial court shall resolve the Motion to Quash. 85 Rule 126, sec. 6 in relation to sec. 1 (order in writing in the name of the People, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it to the court) and sec. 4 (particular description of the place to be searched and the things to be seized); 86 Rule 126, sec. 10, 2000 Rules on Criminal Procedure; 87 Rule 126, sec. 4, 2000 Rules on Criminal Procedure; 88 Id.; 89 Const. (1987), art. III, sec. 2; Rule 126, sec. 4, 2000 Rules on Criminal Procedure; Page 32 of 62

days from its date and that thereafter, it shall be void. 2. Search Warrant No. 1122 is dated 12 July 2000. It was served on the accused on 23 July 2000, the 11th day from its date; this is certified to by the Sworn Inventory and Return executed by Major Alang Alam, the leader of the searching team (a copy of which is already part of the records). A search was made on the same day, 23 July 2000; pursuant to said search, certain objects were seized and delivered to the court. Under the law, the Search Warrant is void and must, thus, be quashed. WHEREFORE, it is respectfully prayed that Search Warrant No. 1122 be QUASHED and all objects seized under its purported authority be declared INADMISSIBLE under the exclusionary rule in Article III, section 3(2) in relation to section 2. Quezon City; 25 July 2001. (SGD.) MA TAPANG Counsel for Accused Request for and Notice of Hearing90

C. Motion to Suppress Evidence91 I. CHECKLIST OF REQUIREMENTS: Caption and Title Distinct Specification of Factual and Legal Grounds for Suppression Search without witnesses;92 Served beyond period;93 More than one offense;94 No receipt;95 No Inventory;96 Property not subject of seizure;97 Not evidence in plain view;98 Relief Date Signature of counsel Notice of Hearing Affidavit of service II. SAMPLE/REPRESENTATIVE FORM:
Republic of the Philippines Regional Trial Court National Capital Judicial Region Branch 104-Quezon City PEOPLE OF THE PHILIPPINES, Plaintiff, versus Criminal Case No. 00022 For: Libel

VIG CHAN,
90 91

See Form No. 4, footnote no. 24, supra; Rule 126, sec. 14, 2000 Rules on Criminal Procedure; see note 84, supra; 92 Rule 126, sec. 8, 2000 Rules on Criminal Procedure; 93 Rule 126, sec. 10, 2000 Rules on Criminal Procedure; 94 Const. (1987), art. III, sec. 2 in relation to sec. 3(2); Rule 126, sec. 4, 2000 Rules on Criminal Procedure; 95 Rule 126, sec. 11. 2000 Rules on Criminal Procedure; 96 Rule 126, sec. 12, 2000 Rules on Criminal Procedure; 97 Rule 126, sec. 3, 2000 Rules on Criminal Procedure; 98 See People v. Doria, 301 SCRA 668 (1999); Page 33 of 62

Accused. x ---------------------------------------------- x MOTION TO SUPPRESS EVIDENCE UNLAWFULLY SEIZED The ACCUSED, by counsel, respectfully moves for the suppression of objects seized on 23 July 2001, pursuant to Search Warrant No. 1122 issued by this Honorable Court dated 12 July 2000, based on the following considerations: [1] Search Warrant No. 1122 was served on the 11th day and is, thus, void. [2] The motor vehicle seized does not fall within the property that may lawfully be seized. Discussion [1] Search Warrant No. 1122 was served on the 11th day and is, thus, void. 1. Rule 126, sec. 10 provides expressly that a search warrant shall be valid for ten (10) days from its date and that thereafter, it shall be void. 2. Search Warrant No. 1122 is dated 12 July 2000. It was served on the accused on 23 July 2000, the 11th day from its date; this is certified to by the Sworn Inventory and Return executed by Major Alang Alam, the leader of the searching team (a copy of which is already part of the records). A search was made on the same day, 23 July 2000; pursuant to said search, certain objects were seized and delivered to the court. Under the law, the Search Warrant is void. 3. No valid seizure may be made under a void warrant. For this reason, the following objects must be suppressed: [list items] [2] The motor vehicle seized does not fall within the property that may lawfully be seized. 4. On the occasion of the search, the searching party also seized accuseds green Jaguar XJE with license plate, No. 1", allegedly for being subject of the offense. Thereafter, it was impounded and kept at the PNP Motor Pool. 5. The motor vehicle cannot be subject of the offense as accused is charged with libel. There is no relation between the motor vehicle and libel. 6. Moreover, the motor vehicle is not mala prohibita that would justify a seizure thereof; neither could there be a seizure of evidence in plain view. WHEREFORE, it is respectfully prayed that all objects seized under the void Search Warrant No. 1122 be declared INADMISSIBLE under the exclusionary rule in Article III, section 3(2) in relation to section 2. Furthermore, it is prayed that the Green Jaguar XJE with license plate No. 1" be immediately returned to the accused. Quezon City; 25 July 2001. (SGD.) MA TAPANG Counsel for Accused Request for and Notice of Hearing99

D. Motion for Bail I. CHECKLIST OF REQUIREMENTS:


99

See Form No. 4, footnote no. 24, supra; Page 34 of 62

Caption and Title Parties Specification of grounds for entitlement to bail100 Relief Date Signature of counsel Notice of Hearing Affidavit of service II. SAMPLE/REPRESENTATIVE FORM:
PEOPLE OF THE PHILIPPINES, Plaintiff, versus Criminal Case No. 00567 For : Murder

NAKA PIIT, Accused. x ------------------------------------------ x MOTION FOR BAIL THE ACCUSED, by counsel, respectfully moves to be allowed bail on the ground that the prosecutions evidence of his guilt is not strong. In support, he respectfully submits the following: 1. The Information alleges that he raped the private complainant on December 25, 1998 at his residence in Quezon City. The prosecutions own evidence, however, belies this allegation as: (a) the medical certificate (attached as ANNEX A to the Information) states that private complainant is in a virgin state with no physical and outward signs of trauma; (b) the medical certificate issued by the NBI doctor (attached as ANNEX B to the Information) after a physical examination of the accused, two (2) days after the alleged rape, shows that he is suffering from erectile dysfunction and has been so afflicted for close to five (5) years now and (c) the sworn statements of the private complainant conflict with and contradict each other such that her credibility must be placed in doubt. (2) For these reasons, there is no basis to conclude that the accused raped the private complainant as there is less than circumstantial evidence of this fact. He is, thus, entitled to bail as a matter of right. WHEREFORE, it is respectfully prayed that the accused be granted: (1) a bail hearing, during which the prosecution should be directed to present its evidence to show the strength of its evidence of the accuseds guilt, and (2) thereafter, grant the accused reasonable bail. Other just and equitable reliefs are also prayed for. Quezon City; _______________. (SGD) MITCH MCDEERE REQUEST FOR AND NOTICE OF HEARING

FORM NO. 4: APPLICATION FOR PROBATION


I. CHECKLIST OF REQUIREMENTS: All the requirements as in ordinary motions Grounds for Probation101
100

See Rule 114, as amended; however, as bail is generally a matter of right and is only limited and made discretionary in capital cases, the allegation in this regard would invariably be to the effect that the evidence of guilt is not strong and the relief prayed for would be a bail hearing and the subsequent admission to bail. 101 See PD 968, as amended; Page 35 of 62

Relief Verification by applicant Notice of Hearing II. SAMPLE/REPRESENTATIVE FORM:


REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT PASIG-BRANCH 69 PEOPLE OF THE PHILIPPINES, Plaintiff, Criminal Case No. 114878 versus -

RECY DIVIST, Accused. x ---------------------------------------------- x APPLICATION FOR PROBATION THE ACCUSED, by counsel, respectfully applies for probation pursuant to the provisions of Presidential Decree No. 968, as amended. In support of this application, the accused respectfully submits the following: 1. Accused-applicant is of legal age and currently gainfully employed at ASN Broadcasting Corporation located at Timog Avenue, Quezon City. On ________, she pleaded guilty to the offense charged herein; consequently, this Honorable Court in its Order dated 8 March 1999 sentenced accused-applicant to an indeterminate penalty ranging from three (3) years to five (5) years of prision correccional. 2. Accused-applicant humbly submits that she possesses all the qualifications and none of the disqualifications enumerated under section 2 of Presidential Decree No. 968, specifically: 2.1. She has not been convicted of any crime against national security or public order; 2.2. She has not been previously convicted by final judgment of an offense punishable by imprisonment of not less than one (1) month and one (1) day and/or a fine of not less than Two Hundred Pesos (P200.00); 2.3. She has not previously applied for nor had been previously placed under probation under Presidential Decree No. 968. 2.4. She has not started to serve her sentence and, to date, has not filed any Notice of Appeal from the Order of conviction. 3 Finally, granting this application will not in any way depreciate the seriousness of the offense charged nor cause any undue risk that during the period of probation, accused-applicant will commit another crime. Moreover, accused-applicant does not need any correctional treatment requiring commitment to an institution. WHEREFORE, accused-applicant respectfully prays that her application for probation be GRANTED and that she be placed under probation under such terms and conditions necessary to attain and ensure the objectives of the law and which, under the circumstances, are fair, just and reasonable in the sound discretion of this Honorable Court. Quezon City for Pasig City; 12 March 1999. (SGD) ATTICUS FINCH Counsel for Accused Request for and Notice of Hearing
Page 36 of 62

PART THREE: PLEADINGS AND OTHER LEGAL DOCUMENTS COMMON TO CIVIL AND CRIMINAL PROCEDURE

FORM NO. 1 OFFER OF EVIDENCE AND OPPOSITION/COMMENT TO OFFER


A. FORMAL OFFER OF EVIDENCE Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Quezon City-Branch 90 PEOPLE OF THE PHILIPPINES, Plaintiff, Criminal Case No. 000011 versus RECY DIVIST, Accused. x ------------------------------------------ x FORMAL OFFER OF EVIDENCE102 THE PROSECUTION, by the undersigned public and private prosecutors, respectfully offer their documentary exhibits in support of their case-in-chief:103 1. Exhibit A, the sworn statement of Alang Kaso, the private complainant, and Exhibit A-1, his signatureto prove that on the date and time stated in the affidavit, the accused issued a post-dated check in the amount of One Million Pesos (P1,000,000.00) which, on presentment for payment, was dishonored for lack of insufficient funds; to prove authorship and the authenticity of the sworn statement; and as part of the testimony of the private complainant. 2. Exhibit B, the post-dated check dated 30 June 1999, issued by the accused in the amount of One Million Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with notation DAIF; Exhibit B-2, the signature of accused on face of the checkto prove the issuance of the check, the amount stated, the reason for dishonor and the identity of the issuer. The marked copies of Exhibits A and B are already part of the record. WHEREFORE, the prosecution respectfully prays that the foregoing Exhibits be ADMITTED as proof of the facts therein stated and in support of its case-in-chief and for all other relevant purposes. Quezon City; _________________. [ELLIOT NESS Public Prosecutor
102

ATTICUS FINCH Private Prosecutor]104

Variably and acceptably denominated by others as Formal Offer of Documentary Exhibits; please note that this applies to criminal and civil cases. In criminal cases, the private prosecutor has no personality to formally offer the evidence, thus, the offer is made in the name of the prosecution. 103 If the question calls for an Offer of Evidence by the Accused/Defense, then the proper first paragraph should read: The Accused (Defendant), by counsel, respectfully offers his/her documentary exhibits in support of his/her defenses, as follows: Invariably, the Offer of Evidence is made in table or column form such that it would be easier for the Court to see the Exhibit No., Description and Purpose but, for purposes of the Bar, this would not be practicable nor practical. All that is important is that the Offer contain the Exhibit Number, a description of the Exhibit and the Purpose of Offer. 104 This is a common mistake for any legal document submitted by a private prosecutor. It is important to remember that the private prosecutor has no personality to do anything in a criminal case as everything is under the control and direction of the public prosecutor. Thus, every legal document must be signed by both the public prosecutor and the private prosecutor. Note that it would also be acceptable to have the Offer that is prepared by a private prosecutor signed by the publicprosecutor to show his conformity thereto. Page 37 of 62

Copy furnished: MITCH MCDEERE Counsel for Accused B. COMMENT/OPPOSITION TO OFFER PEOPLE OF THE PHILIPPINES, Plaintiff, Criminal Case No. 000011 versus -

RECY DIVIST, Accused. x ------------------------------------------ x COMMENT ON THE PROSECUTIONS FORMAL OFFER OF EVIDENCE THE ACCUSED, by counsel, respectfully oppose the Prosecutions Offer of Evidence for the following reasons: 1. Exhibit A, the sworn statement of Alang Kaso, the private complainant, and Exhibit A-1, his signature are INADMISSIBLE because the private complainant was never presented to authenticate the document or subjected to cross-examination, thus, the document is hearsay and inadmissible. 2. Exhibit B, the post-dated check dated 30 June 1999, issued by the accused in the amount of One Million Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with notation DAIF; Exhibit B-2, the signature of accused on face of the check are INADMISSIBLE for violation of the Best Evidence Rule as the original check was never presented; and no basis for the presentation of secondary evidence laid. ACCORDINGLY, the ACCUSED respectfully submits that the Prosecutions Exhibits are INADMISSIBLE and must, thus, be EXCLUDED.105 Quezon City; _________________. MITCH MCDEERE Copy furnished: ELLIOT NESS Public Prosecutor ATTICUS FINCH Private Prosecutor

FORM NO. 2. DEMURRER TO THE EVIDENCE


A. CRIMINAL CASES PEOPLE OF THE PHILIPPINES, Plaintiff, versus Criminal Case No. 007 For: Violation of PD 1866

ANAKIN SKYWALKER, Accused. x ---------------------------------------- x

105

Please note that the purpose of the offer is never objected to, rather it is admissibility of the documenmt. The purpose of offer goes to weight of the document (unless of course, the objection is relevance, then purpose may properly be objected to as relevance also determines admissiblity). Any objections to purpose should be made in the Memorandum and an appropriate reservation to do so may be stated in the Comment. Page 38 of 62

DEMURRER TO THE PROSECUTIONS EVIDENCE THE ACCUSED, by counsel, with leave of court previously obtained,106 respectfully submits this Demurrer to the Prosecutions 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, the accused is presumed to be innocent until proven guilty. 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. Thus, the prosecution must rely on the strength of its evidence and not wait for the accused to offer any defense. It is only in the event that the prosecution, after resting its case, has adduced sufficient evidence of guilt, that the burden of proof shifts to the accused. 2. The prosecution has failed to adduce sufficient evidence of guilt such as would shift the burden of proof. 2.1. The accused is charged with violation of PD 1866; the gravamen of the offense is unauthorized possession of a firearm. Concretely, this means that the prosecution must prove that the accused had no legal authority to possess any firearm. 2.2. The prosecution has failed to show that the accused had no license to carry a firearm. The proof of the negative element is indispensable to proof of a violation of PD 1866. Without proof of this negative element, the crime is not proven. 3. Absent proof of the negative element, i.e., absence of a license, the offense is not proven. The accused is innocent; he must, thus, be acquitted. WHEREFORE, the accused respectfully prays that the Information against him be DISMISSED and that he be ACQUITTED of the crime charged. Quezon City; 1 June 1999. DARTH SIDIOUS Counsel for the Accused REQUEST FOR AND NOTICE OF HEARING B. CIVIL CASES ANAKIN SKYWALKER, Plaintiff, Civil Case No. 000909 versus -

PADME AMIDALA, Defendant. x ---------------------------------- x DEMURRER TO THE EVIDENCE DEFENDANT, by counsel, with leave of court previously sought and granted,107 respectfully submits this Demurrer to the Evidence because plaintiff has failed to prove entitlement to his claims by a preponderance of evidence: 1. This action seeks to collect a sum of money arising from a contract.
106

Note the requirement of the law that a demurrer in criminal cases may be filed only with leave of court and that for leave of court to be obtained, the pleading desired to be admitted must already be attached. Thus, a Motion for Leave of Court to File Demurrer must already have the Demurrer attached. See Form No. 4 . 107 Note the difference in the rule between a civil demurrer and a demurrer in criminal cases insofar as effects of leave of court is concerned. A civil demurrer may be filed with or without leave of court but if the demurrer is granted and later reversed on appeal, the defendant loses the right to adduce evidence. See Form No. 4. Page 39 of 62

2. Plaintiff, after resting his case, has failed to: (a) prove the authenticity of the contract, (b) the extent of the obligation under the contract, (c) the demandability of the obligation under the contract and (d) defendants liability for the obligation and damages. 3. Consequently, plaintiff has failed to prove his claims by a preponderance of evidence and defendant is entitled to a dismissal of the Complaint against her. WHEREFORE, defendant respectfully prays that the Complaint against her be DISMISSED. Quezon City; 1 June 1999. [sgd] OBI WAN KENOBI REQUEST FOR AND NOTICE OF HEARING

FORM NO. 3. NOTICE OF LIS PENDENS108


Republic of the Philippines REGIONAL TRIAL COURT 4th Judicial Region Antipolo, Branch 71 DAMI LUPA, Plaintiff, Civil Case No. 007 versus For: Reconveyance ALANG LUPA, Defendant. x ----------------------- x NOTICE OF LIS PENDENS THE REGISTER OF DEEDS Antipolo City, Rizal Province Please take notice that a parcel of land covered by TCT No 1234 located in Antipolo, Rizal; registered in the name of defendant is the subject matter of an action for reconveyance of an undivided one-sixth portion thereof filed by DAMI LUPA, above-named plaintiff. Accordingly, please record this notice on the title. RESPECTFULLY SUBMITTED. 1 August 1999. (Sgd) ATTICUS FINCH Counsel for Plaintiff Copy furnished: MITCH MCDEERE, Esq. Counsel for Defendant

FORM NO. 4. APPEARANCE AS COUNSEL109


Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Quezon City-Branch 101 ANAKIN SKYWALKER,
108 109

1980 Bar Question; 1978 Bar Question; Page 40 of 62

Plaintiff, Civil Case No. 1357 versus For: Legal Separation PADME AMIDALA x -------------------------------- x ENTRY OF APPEARANCE THE BRANCH CLERK OF COURT Regional Trial Court Quezon City-Branch 101 Please enter the appearance of the undersigned as counsel for defendant Padme Amidala, with her express conformity as indicated below, in this case. Henceforth kindly address all pertinent notices to the undersigned at the address given below. RESPECTFULLY SUBMITTED. Quezon City; 1 July 1999. OBI WAN KENOBI No. 1, Imzadi Place Tatooine, Pasig City WITH MY CONFORMITY: PADME AMIDALA110 Copy furnished: DARTH SIDIOUS

FORM NO. 5. WITHDRAWAL AS COUNSEL


ANAKIN SKYWALKER, Plaintiff, Civil Case No. 1357 versus For: Legal Separation PADME AMIDALA x -------------------------------- x 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 ANAKIN SKYWALKER, with his express conformity as indicated below, in this case. Henceforth kindly address all pertinent notices to plaintiff at his address given in the Complaint. RESPECTFULLY SUBMITTED. Quezon City; 4 July 1999. MACE WINDU 1 Imperial Palace, Cloud City, Pasig City
110

This is frequently overlooked but is actually the most important part of the Entry of Appearance as it indicates to the Court the authority given and the source of such authority. Page 41 of 62

WITH MY CONFORMITY: ANAKIN SKYWALKER

FORM NO. 5-A. WITHDRAWAL AS COUNSEL WITHOUT CONFORMITY OF CLIENT


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 ANAKIN SKYWALKER due to irreconcilable professional differences with plaintiff, for which reason the express conformity of plaintiff cannot be obtained.111 Henceforth kindly address all pertinent notices to plaintiff at his address given in the Complaint. RESPECTFULLY SUBMITTED. Quezon City; 4 July 1999. MACE WINDU 1 Imperial Palace, Cloud City, Pasig City

111

Note that if the client gives express conformity, no reason for withdrawal needs to be given. However, if withdrawal is without conformity, the court may ask counsel to secure conformity. If withdrawal is due to fundamental and irreconcilable professional differences, then it must be stated so that the absence of conformity of the erstwhile client is justified. Page 42 of 62

FORM NO. 6. SUBSTITUTION OF COUNSEL


ANAKIN SKYWALKER, Plaintiff, Civil Case No. 1357 versus For: Legal Separation PADME AMIDALA x -------------------------------- x SUBSTITUTION OF COUNSEL THE UNDERSIGNED respectfully enters his appearance as counsel for defendant Padme Amidala in substitution of former counsel Darth Maul, as shown by her express conformity below. Henceforth, kindly address all pertinent notices to the undersigned at the address given below. RESPECTFULLY SUBMITTED. Quezon City; 1 July 1999. OBI WAN KENOBI Counsel for Defendant 2 Corruscant Place Tatooine Road, Pasig City WITH MY CONFORMITY: PADME AMIDALA

FORM NO. 7: NOTICE OF APPEAL112


Republic of the Philippines REGIONAL TRIAL COURT113 National Capital Judicial Region Manila-Branch 1 TALO NAN, Plaintiff, Civil Case No. 00222 versus -

PANA LO, Defendant. x------------------------- x NOTICE OF APPEAL PLAINTIFF, by counsel, respectfully appeals to the Court of Appeals the Decision of this Honorable Court dated 1 July 1999, a copy of which he received on 10 July 1999, for being contrary to law and the evidence presented. Quezon City for Manila; 11 July 1999. ATTICUS FINCH Counsel for Plaintiff Copy furnished: MITCH MCDEERE Counsel for Defendant

112 113

1975 Bar Question; Please note that the Notice of Appeal is filed with the trial court, not the appellate court. Page 43 of 62

PART FOUR: PLEADINGS AND LEGAL DOCUMENTS IN DOMESTIC CASES AND SPECIAL PROCEEDINGS

FORM NO. 1. PETITION FOR HABEAS CORPUS


Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Makati-Branch 191 IN RE: PETITION FOR HABEAS CORPUS OF THE MINORS LUKE AND LEIA SKYWALKER SP No. 111334 PADME AMIDALA, Petitioner. ANAKIN SKYWALKER, Respondent. x ------------------------------------------ x PETITION PETITIONER, by counsel, respectfully states that: 1. Petitioner is the mother of the minors Luke and Leia Skywalker, who were born out of the valid marriage between petitioner and respondent Anakin Skywalker. 2. The marriage failed and petitioner has been living separately from respondent since the 1999. Sometime in July 1999, respondent, unknown to petitioner, abducted the minor children and has kept them incommunicado and out of petitioners reach. 3. Being below seven (7) years of age, custody of the minors is naturally presumed to belong to petitioner, as their mother. Consequently, respondents refusal to allow petitioner to regain custody over the minors is unlawful and unjustified. WHEREFORE, petitioner respectfully prays that a writ of habeas corpus issue directing respondent to make a return showing his legal authority to detain the minor children, subject of this petition, and thereafter, present the minor children personally before the Court on a date and time it chooses. Quezon City; 1 August 1999. OBI WAN KENOBI Counsel for Petitioner Verification & Certification against Forum Shopping

FORM NO. 2. PETITION FOR ADOPTION


(Caption and title) PETITION PETITIONERS, by counsel, respectfully state that: 1. Petitioners are husband and wife, both of legal age, and residents of __________. 2. They have no legitimate children of their own and desire to jointly adopt a minor named ______________, ___ years old, the legitimate child of _________________. 3. The parents of the minor are not insane, intemperate and are in full possession of civil capacity; they have not abandoned the minor child. With full knowledge of petitioners
Page 44 of 62

intention, they have expressly given their written consent to the adoption, as shown by their statement, a copy of which is attached as ANNEX A. 4. Petitioners are qualified to adopt the minor and are financially capable of supporting the minor; they are also morally qualified to bring up and educate the said minor. WHEREFORE, it is respectfully prayed that judgment be rendered in petitioners favor adjudging the minor child _____________ freed from all legal obligations of obedience and maintenance with respect to his/her natural parents and that he/she be declared to all legal intents and purposes, the child of herein petitioners and that his/her surname be changed to that of petitioners. __________________, __________________. [sgd] COUNSEL Verification and Certification against Forum Shopping

FORM NO. 3. PETITION FOR DECLARATION OF NULLITY OF MARRIAGE WITH APPLICATION FOR PROVISIONAL ORDERS114
[Caption and Title]

PETITIONER, by counsel, respectfully states that: 1. Petitioner is a Filipino citizen, of legal age and married to respondent. For purposes of this petition, she may be served with notices and other pertinent processes through counsel at [address of counsel[. 2. Respondent is a Filipino citizen, of legal age, currently employed at [state employer] and married to petitioner. He may be served with summons and other pertinent orders and processes of this Court at [state address] 3. Petitioner and respondent were married on [date] and out of this marriage, they have [state number of children, respective ages]. A copy of the Marriage Contract executed by petitioner and respondent is attached as ANNEX A, a copy each of the birth certificates of the minor children is attached as ANNEX B, C and D, respectively. 4. Petitioner and respondent are currently separated in fact and have been so since May 1999. The reason for the continuing separation in fact is the breakdown of the marriage due to both petitioners and respondents mutual psychological incapacity115 to fulfill and discharge their respective marital obligations to each other, which existed at the time of the marriage in 1988 but manifested itself well into the marriage 5. The mutual psychological incapacity of the parties to remain married to each other appears to be incurable; prior to this resort, the parties had attempted formal and informal counselling sessions all of which proved unproductive as respondent proved resistant and, at times, even hostile to these efforts. 6. In compliance with jurisdictional requirements, petitioner submitted herself to a psychological and clinical assessment by a trained professional, Clinical Psychologist [state name]. Despite several attempts, respondent refuses to agree to any sober and productive discussion with petitioner and is always highly emotional and angry, it was, thus, impracticable to secure a psychological report and profile of respondent; should this become material, petitioner reserves the right to request respondent to submit to a psychological examination for purposes of confirming the mutual psychological incapacity to remain married to each other.

114

Under AM No. 02-11-12-SC Proposed Rule on Provisional Orders adopted by the Supreme Court on March 4, 2003 and which took effect on March 15, 2003, the following provisional orders may be applied for upon filing of a petition for declaration of nullity of marriage: (a) spousal support [ 2], (b) child support [ 3], (c) child custody [ 4], (d) visitation rights [ 5], (e) hold departure orders [ 6], (f) order of protection [ 7] and (g) administration of common property [ 8]. 115 Note that it may be psychological incapacity only on the part of one party so the allegations may be tailored to address that situation. Page 45 of 62

7. Petitioners psychological incapacity is described in clinical terms as being consistent with a V61.1 Partner Relational Problem and is said to have Masochistic Personality Disorder or 301.9 Personality Disorder Not Otherwise Specified; on the other hand, the assessment given by the psychologist of respondents psychological make-up is that he has a 301.20 Schizoid Personality Disorder with narcissistic features which is described as grave, incurable and has antecedents. The psychological make-up of petitioner and respondent is explained in greater detail in the Clinical Assessment Report (Report) dated December 28, 2001, a copy of which is attached as ANNEX E. 8. Their minor chidren are in petitioners custody and are being supported by her financially and emotionally. 9. Petitioner submits that, despite the parties mutual psychological incapacity to remain married to each other, the interests of the children are best served by having them remain in her custody, with visitation rights extended to respondent. All of the children are minors and, under the law, children under seven (7) years of age shall not be separated from the mother, save for exceptional circumstances which do not exist in this case.116 10. Petitioner cannot, however, provide for all the financial needs of the children as she is only earning a limited amount of money from her work whereas respondent is gainfully employed and earns more than enough for his own personal needs. Petitioner earns only (state amount) from her work as shown by her payslip attached as ANNEX F whereas respondent earns (state amount) from his work as shown by his payslip attached as ANNEX G. The common property of petitioner and respondent is insufficient for the support of the children. Respondent must, thus, be directed to give support to his children in the amount of (state amount).117 WHEREFORE, petitioner respectfully prays that PROVISIONAL ORDERS for child custody and child support be issued giving to petitioner custody pendente lite over their minor children and directing respondent to give monthly support in the amount of (state amount), subject to any adjustments that may be made based on changing earning capacity as well as needs. Petitioner also prays that, after trial, judgment be rendered in her favor by declaring petitioner to be psychologically incapacitated to comply with the essential obligations of her marriage to respondent, thus -[1] Declaring the marriage between petitioner and respondent a nullity and, by this token, ordering the dissolutin of the conjugal partnership of gains; and [2] Awarding permanent custody of the children to petitioner, with express acknowledgement of respondents visitation rights; [3] Awarding support in the amount of (state amount) subject to adjustments to be made depending on changes in earning capacity and needs of the children. All other just and equitable reliefs are also prayed for. Quezon City; July ____, 2002. (COUNSEL) (Verification and Certification against Forum Shopping)
116

Under the Rule on Provisional Orders, child custody may be sought in a petition for declaration of nullity where the court considers the best interests of the child as paramount; provisional custody may be awarded to the following based on the order of preference: (1) to both parents jointly, (2) to either parent taking into account all relevant considerations, especially the choice of the child, (3) to the surviving grandparent, or if there are several of them, to the grandparent chosen by the child above seven years of age unless the grandparent chosen is unfit or disqualified, (4) to the eldest brother or sister over 21 years of age unless unfit or disqualified, (5) to the actual custodian over 21 years of age unless unfit or disqualified, or (6) to any other person deemed by thecourt suitable to provide proper care and guidance. 4. 117 Under the Rule on Provisional Orders, child support may also be sought. It must first be taken from the properties of the absolute community or the conjugal partnership. In the discretion of the court, either parent or both may be ordered to give an amount necessary for support, maintenance and education of the child in proportion to the resources or means of the givern and to the needs of the recipient. Thus, the earning capacity of the parent and the amount needed for support must be alleged. Page 46 of 62

FORM NO. WILL118

4. PETITION FOR PROBATE OF A HOLOGRAPHIC


Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region San Juan-Branch 300

RE : PROBATE OF THE HOLOGRAPHIC WILL OF PABLING SIA., SP PROC. No. 0023 PALING KERA, Petitioner, x ------------------------------------ x PETITION PETITIONER, by counsel, respectfully states that: 1. Petitioner is a Filipino citizen and the widow of the deceased. 2. On __________, PABLING SIA. died; having previously executed a holographic will in his own handwriting and in a language known to him. A copy of the will is attached as ANNEX A. The handwriting may be attested to as his by his secretary of long standing, TOM CRUZ. 2. The deceased left a house and lot located at No. 555, Tuna Road, Marinara Subdivision, Quezon City and cash amounting to Fifty Thousand Pesos (P50,000); he had no debts. 3. The deceaseds only heirs are herein petitioner and their son, PABLING SIA JR., both of whom are residing at No. 555, Tuna Road, Marinara Subdivision, Quezon City. WHEREFORE, it is respectfully prayed that after due notice and publication this Honorable Court fix the date for the probate of the holographic will and that letters of administration be issued in favor of the herein petitioner and thereafter adjudicate the properties of the deceased in accordance with the said holographic will. Quezon City; (date) (SGD) MITCH MCDEERE Verification and Certification against Forum Shopping

118

1988 Bar Question; Page 47 of 62

PART FIVE: DEEDS, CONTRACTS AND OTHER CORPORATE LEGAL DOCUMENTS

FORM NO. 1. SPECIAL POWER OF ATTORNEY119


SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: I, OBI WAN KENOBI, of legal age, and resident of Tatooine, do hereby name, constitute and appoint PADME AMIDALA, of legal age, and resident of Naboo, to be my true and lawful Attorney-in-Fact and in my name, place and stead, do perform the following specific act(s): (Specify the particular act/s to be performed) Giving and granting unto said attorney-in-fact power and authority to do every act necessary and required in connection with these presents, and hereby ratifying and confirming all that she may do by virtue of these presents. IN WITNESS WHEREOF, I have signed this Special Power of Attorney this (date) and at (place). OBI WAN KENOBI Principal SIGNED IN THE PRESENCE OF: R2D2 C3PO Acknowledgment

FORM NO. 2. GENERAL POWER OF ATTORNEY


GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: I, OBI WAN KENOBI, of legal age, and resident of Tatooine, do hereby name, constitute and appoint PADME AMIDALA 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, to wit:(Specify general acts that Attorney-in-Fact may do) Giving and granting unto my said Attorney-in-Fact full power and authority necessary and required to carry out the acts as fully to all intents and purposes as I might do or lawfully do if personally present, with power of substitution and revocation, and hereby ratifying and confirming all that my said attorney-in-fact or his substitute shall lawfully do or cause to be done under and by virtue of these presents. IN WITNESS WHEREOF, I have signed this instrument on (date) at (place). OBI WAN KENOBI Principal SIGNED IN THE PRESENCE OF: R2D2 C3PO

119

1986 Bar Question; Page 48 of 62

Acknowledgment

FORM NO. 3. CONTRACT OF LEASE120


CONTRACT OF LEASE KNOW ALL MEN BY THESE PRESENTS: This Agreement made and entered into at Makati this 9th day of August 1999 by and between DAMI BAHAY, of legal age, married to ASA WA, (LESSOR) and resident of Makati City, and ALANG BAHAY, of legal age, single and resident of Quezon City (LESSEE), WITNESSETH that: 1. In consideration of a monthly rental of FIVE THOUSAND PESOS (P5,000.00) and the covenants made below, the LESSOR hereby LEASES to the LESSEE an apartment located at 199 San Antonio Village, Makati City covered by Tax Declaration No. 001 (Makati City Assessors Office) for a period of TWELVE (12) MONTHS from signing of this contract. 2. The LESSEE covenants, as follows: 2.1.To pay the rentals on or before the fifth day of each month, without need of demand at the residence of LESSOR; 2.2. To keep the premises in good and habitable condition, making the necessary repairs and painting inside and outside the house; 2.3. Not to make major alterations and improvements without the written consent of the LESSOR and in the event of such unauthorized major alterations and improvements, surrendering ownership over such improvements and alterations to the LESSOR upon expiration of this lease; IN WITNESS WHEREOF, the parties have signed this contract on the date and the place first mentioned. DAMI BAHAY ALANG BAHAY Lessor Lessee With my consent: ASA WA Acknowledgment BEFORE ME, a Notary Public for Makati City, personally appeared on 9th August 1999, the following persons, with their respective CTC details indicated below: DAMI BAHAY ALANG BAHAY CTC No. ____________ issued at/on CTC No. ____________ issued at/on

known to me to be the same persons who executed the foregoing instrument, denominated as a Contract of Lease consisting of __ pages, signed on each and every page by the parties and their instrumental witnesses, having acknowledged the same before me as their own free and voluntary act and deed. TO THE TRUTH OF THE FOREGOING, witness now my hand and seal on the date and place mentioned above. N.O. TARIO Until December 31, 1999 PTR No. 0000111/1/05/99:Makati City Doc. No. Page No. Book No. Series of 1999;
120

1987 Bar Question; Page 49 of 62

FORM NO. 4. HOLOGRAPHIC WILL121 San Juan, Metro Manila 31 July 1999 I hereby execute this holographic will, in my handwriting and in the English language which I know how to read and write, bequeathing my house and lot located at No. 555, Tuna Road, Marinara Subdivision, Quezon City to my son, PABLING SIA JR., and cash amounting to Fifty Thousand Pesos (P50,000) to my spouse, PALING KERA. (SGD.) PABLING SIA SR.. FORM NO. 5. ATTESTATION CLAUSE FOR NOTARIAL WILL122

WE, the undersigned witnesses, whose residences are stated opposite our respective names, do hereby certify that: the testator _________________has published unto us the foregoing will consisting of ___ pages numbered correlatively in letters on the upper part of each page, as his/her last will and testament and has signed the same and every page thereof, on the left margin, in our joint presence and we, in turn, at his/her request have witnessed and signed the same and every page thereof, on the left margin, in the presence of the testator and in the presence of each other. SAKSI 1 SAKSI 2 SAKSI 3 Residence Residence Residence

FORM NO. 6. DONATION INTER VIVOS


DEED OF DONATION KNOW ALL MEN BY THESE PRESENTS: This Deed of Donation, made and executed by LALIM BULSA, of legal age, single/married, and resident of _______________ (Donor) in favor of DAMI UTANG, of legal age, single/married and resident of _________________ (DONEE) WITNESSETH: That the DONOR is the owner of that certain real property with the buildings and improvements thereon, situated in _________________, and more particularly described in Original/Transfer Certificate of Title No. ____ of the land registry of _____________, as follows: (Copy description of property in title) That for and in consideration of the love and affection which the DONOR has for the DONEE, the said DONOR, by these presents, transfers and conveys, by way of donation, unto said DONEE, his/her heirs and assigns, the above described real property with all the buildings and improvements thereon, free from all liens and encumbrances; That the DONOR does hereby state, for the purpose of giving full effect to this donation, that he/she has reserved for himself/herself in full ownership sufficient property to support him/her in a manner appropriate to his/her needs; That the DONEE does hereby accept this donation of the above-described property, and does hereby express gratitude for the kindness and liberality of the DONOR. IN WITNESS WHEREOF, the DONOR and the DONEE have signed this deed on (date) and at (place). LALIM BULSA
121 122

1988 Bar Question; This applies also to Donations Mortis Causa, which are essentially wills. however, to donations inter vivos. Page 50 of 62

Not applicable,

Donor ACCEPTED: DAMI UTANG Donee SIGNED IN THE PRESENCE OF:

MIRON 1

MIRON 2 Acknowledgment

FORM NO. 7. ACKNOWLEDGMENT OF NOMINEE STATUS WITH ASSIGNMENT OF SHARES


ACKNOWLEDGMENT OF NOMINEE STATUS WITH ASSIGNMENT OF SHARES I, GEORDI LA FORGE, (Nominee), of legal age, and with office address at __________, hereby acknowledge my status as nominee for WILLIAM RIKER (the Principal) for the purpose of holding title to ___shares of stock in the Enterprise Holdings Inc. (the Corporation). As nominee, I hereby unequivocally confirm that the Principal is the exclusive and absolute owner of the subject shares. Accordingly, the relationship between the principal and the nominee with respect to the subject shares is governed by the following terms and conditions: 1. All dividends, whether cash, stock or property, rights and other privileges, accruing on the subject share shall be for the account and benefit of the principal; accordingly, the nominee shall deliver the same to the principal and whoever the latter may designate. 2. Directors fees and other amounts received by way of compnesation for services rendered by the nominee shall be for the account and benefit of the nominee. 3. The principal shall save the nominee free and harmless from any liability, whether for unpaid subsrcriptions, taxes or otherwise, that may arise as a result of the nominees holding title to the subject shares for and on behalf of the principal. 4. The nominee hereby assigns, transfers and conveys the subject shares to the principal free from all liens and encumbrances and hereby undertakes to execute the necessary instruments to transfer title over the subject shares to the principal or to whoever the latter may designate. 5. This acknowledgment of nominee status shall bind the nominees heirs, executors, administrators and other successors-in-interest. Done this _________________ at ______________________. GEORDI LA FORGE Nominee WITH MY CONFORMITY: WILLIAM RIKER Principal WITNESSES: UZI 1 UZI 2 Acknowledgment

Page 51 of 62

Page 52 of 62

FORM NO. 8. SECRETARYS CERTIFICATE


SECRETARYS CERTIFICATE I, DEANNA TROI, of legal age, with office address at __________________, on the basis of the corporate records, do hereby certify that under oath that: 1. I am the Corporate Secretary of ENTERPRISE HOLDINGS INC. (corporation), a corporation duly organized and existing under Philippine laws, with the same office address given above. 2. At a meeting123 of the Board of Directors of the corporation held on ___________, at which meeting a quorum was present and obtained throughout, the following resolution(s) was (were) unanimously approved and adopted: RESOLVED, that ................... 3. The foregoing resolution has not been revoked, amended or in any manner modified and accordingly, the same may be relied upon until a written notice to the contrary is issued by the corporation. IN WITNESS WHEREOF, I have set my hand to this certification on ____ at ______________. DEANNA TROI Corporate Secretary ATTESTED: JEAN-LUC PICARD President Jurat

FORM NO. 9. BOARD RESOLUTIONS


A. AUTHORITY TO ACT Board Resolution No. ___ RESOLVED, that Mr. Jean-Luc Picard, as Chairperson and Chief Executive Officer of Enterprise Holdings be authorized, as he is hereby authorized, to enter into any and all transactions with the representatives of the Ferengi Trade Federation , as may prove to be beneficial to the corporation in his own opinion and determination. Approved and adopted this ________________ at _____________________. (Name of Directors) B. INCREASE IN NUMBER OF DIRECTORS AND NECESSARY AMENDMENT TO THE ARTICLES OF INCORPORATION124 Board Resolution No. ___ RESOLVED, by a vote of stockholders representing more than 2/3 of the subscribed and paid up capital stock, to INCREASE the number of Directors of the Corporation from five (5) to seven (7) and to AMEND the Articles of Incorporation to reflect this increase. Approved and adopted this ________________ at _____________________. Name of Directors
123

Sometimes, it may be necessary to specify whether the meeting was a special or general meeting. 124 1987 Bar Question; Page 53 of 62

FORM NO. 10. DEED OF ASSIGNMENT


DEED OF ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS: I, DAMI SHARES, of legal age, Filipino and resident of ________________, for and in consideration of the sum of ____________________ Pesos (P_____), receipt of which is hereby acknowledged do hereby assign, cede, transfer and convey unto DAMI LUPA, likewise of legal age, and resident of ______________, all his/her rights, title, ownership and interest over its subscription to One Hundred Thousand (100,000) shares of the capital stock of _________Corporation, including advances due from said corporation. It is, however, understood that the assignee shall assume any and all unpaid subscription on the said shares. The assignor hereby irrevocably constitute, name and appoint the assignee to be his/her true and lawful attorney-in-fact to make representations with the corporate secretary and to cause the annotation of this assignment in the books of the corporation. IN WITNESS WHEREOF, the assignor has signed this deed on ____________ at __________________. DAMI SHARES Assignor SIGNED IN THE PRESENCE OF: MIRON 1 MIRON 2 Acknowledgment

FORM NO. 11. DEED OF SALE OF REGISTERED LAND (unilateral)


Republic of the Philippines Makati City ) ) s.s.

DEED OF ABSOLUTE SALE KNOW ALL MEN BY THESE PRESENTS: I, MA YA MAN, Filipino, single, and resident of _________________________, for and in consideration of the amount of _______________________, paid to me today by MA GU LANG, Filipino, single and resident of ________________ do hereby SELL, TRANSFER and CONVEY absolute and unconditionally unto said MA GU LANG that certain parcel(s) of land, together with the buildings and improvements thereon situated in the City of Makati, and more particularly described as follows: (Technical Description of property/ies; specify metes and bounds of the property/ies with approximate area thereof, as indicated on the face of the title) of which I am the registered owner in fee simple, my title thereto being evidenced by Transfer (or Original) Certificate of Title No. ______, issued by the Register of Deeds of Makati City. It is hereby mutually agreed that the vendee shall bear all expenses for the execution and registration of this deed of sale. IN WITNESS WHEREOF, I have signed this deed this __ day of ______________ 199__ at Makati City. MA YA MAN Vendor [Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor is married, then add the following:]
Page 54 of 62

With my consent: ASA WA Vendors Wife SIGNED IN THE PRESENCE OF: MIRON 1 MIRON 2 Acknowledgment

FORM NO. 12. DEED OF SALE OF UNREGISTERED LAND (unilateral)


Republic of the Philippines Makati City ) ) s.s.

DEED OF ABSOLUTE SALE KNOW ALL MEN BY THESE PRESENTS: I, MA YA MAN, Filipino, single, and resident of _________________________, for and in consideration of the amount of __________, paid to me today by MA GU LANG, Filipino, single and resident of _______________________ do hereby SELL, TRANSFER and CONVEY absolute and unconditionally unto said MA GU LANG that certain parcel(s) of land, together with the buildings and improvements thereon situated in the City of Makati, and more particularly described as follows: (Description: state the nature of each piece of land and its improvements, situations and boundaries, area in square meters, whether or not the boundaries are visible bon the land by means of monuments or otherwise; and if they are, what they consist of, the permanent improvements, if any, the page number of the assessment of each property for current year or years when registration is made, the assessed value of the property for the year) It is hereby declared that the boundaries of the foregoing land are visible by means of _______________; that the permanent improvements existing thereon consist of _________ (if none, state so); that the land is assessed for the current year at P______________ as per Tax Declaration No. __________, and the buildings and/or improvements , at P____________ as per Tax Declaration No. _________, of the City Assessor of Makati. The above described reasl estate, not having been registered under Act No. 496 nor under the Spanish Mortgage Law, the parties hereto have agreed to register this instrument under the provisions of Sec. 194 of the Revised Administrative Code, as amended. IN WITNESS WHEREOF, I have signed this deed this __ day of ______________ 199__ at Makati City. MA YA MAN Vendor [Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor is married, then add the following:] With my consent: ASA WA Vendors Wife SIGNED IN THE PRESENCE OF: MIRON 1 MIRON 2 Acknowledgment

Page 55 of 62

FORM NO. 13. DEED OF SALE WITH PACTO DE RETRO (bilateral)


Republic of the Philippines Makati City ) ) s.s.

DEED OF SALE WITH PACTO DE RETRO This Deed of Sale with Pacto de Retro made and executed by and between: MA YA MAN, Filipino, of legal age, married to ASA WA, with residence at ___________________ (VENDOR), - and MA GU LANG, Filipino, of legal age, married to BA TAPA, with residence at ____________ (VENDEE); WITNESSETH: That The VENDOR is the absolute owner of a certain parcel of land with all the buildings and improvements thereon, situated in the City of Makati, and more particularly described, as follows: (Copy technical description in TCT/OCT) his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the Register of Deeds of Makati; The VENDOR, for and in consideration of the amount of _________________ Pesos (P_____), to him paid by VENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONVEY under pacto de retro unto the said VENDEE, his heirs and assigns, the property with all the buildings and improvements thereon, free from all liens and encumbrances whatsoever; The VENDOR, in executing this conveyance, hereby reserves the right to REPURCHASE, and the VENDEE, in accepting the same, hereby obligates himself to RESELL the property herein conveyed within a period of ____ years from date of this deed for the same price of ______________ (P____); Provided, however, that if the VENDOR shall fail to exercise his right to repurchase as herein granted within the period provided, then this conveyance shall become absolute and irrevocable, without need of a new Deed of Absolute Sale, subject to the requirements of law regarding consolidation of ownership of real property. IN WITNESS WHEREOF, I have signed this deed this __ day of ______________ 199__ at Makati City. MA YA MAN MA GU LANG Vendor Vendee With my marital consent: With my marital consent: ASA WA BA TAPA SIGNED IN THE PRESENCE OF: MIRON 1 MIRON 2 Acknowledgment

FORM NO. 14. DEED OF REPURCHASE OF LAND SOLD UNDER PACTO DE RETRO
Page 56 of 62

Republic of the Philippines Makati City

) ) DEED OF RESALE s.s.

KNOW ALL MEN BY THESE PRESENTS: I, MA GU LANG, Filipino, married, of legal age, and resident of _______________, for and in consideration of _______________ Pesos (P____), to me paid by MA YA MAN, Filipino, of legal age, married and resident of ___________________, do hereby RESELL, RETRANSFER and RECONVEY unto said MA YA MAN that certain parcel of land, with all the buildings and improvements thereon, situated at Makati City, and more particularly described, as follows: (Copy technical description in title) covered by Transfer (or Original) Certificate of Title No. ____ of the Registry of Deeds of Makati, and which property was previously sold to under pacto de retro by the said MA YA MAN on _____________, executed before Notary Public __________ and bearing Notarial Registration No. ___, Page No. ____, Book No. ____ and Series of 19__ of his Notarial Register, a copy of which is attached as ANNEX A. IN WITNESS WHEREOF, I have signed this deed this __ day of ______________ 199__ at Makati City. MA GU LANG Vendor [Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor is married, then add the following:] With my consent: BA TAPA Vendors Wife SIGNED IN THE PRESENCE OF: MIRON 1 MIRON 2 Acknowledgment

FORM NO. 15.

DEED OF SALE WITH MORTGAGE


) ) s.s.

Republic of the Philippines Makati City

DEED OF SALE WITH MORTGAGE This Deed of Sale with Pacto de Retro made and executed by and between: MA YA MAN, Filipino, of legal age, married to ASA WA, with residence at ___________________ (VENDOR-MORTGAGEE), - and MA GU LANG, Filipino, of legal age, married to BA TAPA, with residence at ____________ (VENDEE-MORTGAGOR); WITNESSETH: That The VENDOR-MORTGAGEE is the absolute owner of a certain parcel of land with all the buildings and improvements thereon, situated in the City of Makati, and more particularly described, as follows:
Page 57 of 62

(Copy technical description in TCT/OCT) his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the Register of Deeds of Makati; The VENDOR, for and in consideration of the amount of _________________ Pesos (P_____), to him paid by VENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONVEY unto the said VENDEE, his heirs and assigns, the property with all the buildings and improvements thereon, free from all liens and encumbrances whatsoever; It is hereby agreed and stipulated that the UNPAID BALANCE OF ____________ Pesos (P____), of which amount _________________Pesos (P_____) shall be paid by the VENDEE-MORTGAGOR to the VENDOR-MORTGAGEE at the latters residence, as follows: (State manner of payment) In order to guarantee the fulfillment of the above obligations, the VENDEE-MORTGAGOR does hereby MORTGAGE unto the said VENDOR-MORTGAGEE, his heirs and assigns, the property described, together with all the buildings and improvements thereon, under the express stipulation that if the said VENDEE-MORTGAGOR shall pay or cause to be paid unto the VENDOR-MORTGAGEE the obligations, then this Mortgage shall be of no further force and effect; otherwise, the same shall remain in full force and effect and shall be enforceable in the manner prescribed by law. IN WITNESS WHEREOF, I have signed this deed this __ day of ______________ 199__ at Makati City. MA YA MAN MA GU LANG Vendor Vendee With my consent: With my consent: ASA WA BA TAPA Vendors Wife Vendees Wife SIGNED IN THE PRESENCE OF: MIRON 1 MIRON 2 Acknowledgment

FORM NO 16. DACION EN PAGO (DEED OF ASSIGNMENT OF REAL ESTATE IN PAYMENT OF DEBT)
DEED OF ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS: This Deed of Assignment, made and executed by and between DAMI UTANG, Filipino, of legal age, married to ALANG MALAY, with residence at _____________ (ASSIGNOR) and DAMI LUPA, Filipino, of legal age, married to BIL MOKO, with residence at _______________ (ASSIGNEE), WITNESSETH: That the ASSIGNOR is indebted to the ASSIGNEE in the sum of ___________ Pesos (P______) and in full payment and complete satisfaction thereof hereby assign, transfer and convey unto the ASSIGNEE that certain real estate with all the buildings and improvements thereon, situated in ___________, and more particularly described as follows: (Description of property assigned)
Page 58 of 62

of which real estate the ASSIGNOR is the registered owner, his title thereto being evidenced by Transfer (or Original) Certificate of Title No. ____________ of the Register of Deeds of _____________. That the ASSIGNEE does hereby accept this assignment in full payment of the above-mentioned debt of ______________ Pesos (P_________). IN WITNESS WHEREOF, the parties have signed this Deed on __________ at _________________________. DAMI UTANG DAMI LUPA Assignor Assignee With my marital consent: ALANG MALAY BIL MOKO Acknowledgment

FORM NO. 17. CHATTEL MORTAGE125


Republic of the Philippines Makati City ) ) s.s.

CHATTEL MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That I, DAMI KOTSE, of legal age, married and resident of Makati, for and in consideration of the loan of FIVE HUNDRED THOUSAND PESOS (P500,000.00), granted to me by YAMAN NYA, also of legal age, married and resident of Makati, to be paid one (1) year from date hereof, have transferred and conveyed by way of chattel mortgage unto said YAMAN NYA, his heirs, successors and assigns, free from all liens and encumbrances that certain motor vehicle, at present in my possession at my address, more particularly described as: Model/Make No./Color Chassis No. Engine No. : BMW 738i (1998), racing green; : 00000001111; : 00000001111;

of which I am the true and absolute owner by title thereto, being evidenced by Registration Certificate of Motor Vehicle No. ______ issued in my name by the Land Transportation Office on __________________. This chattel mortgage has been executed in order to secure the full and faithful payment of my obligation to YAMAN NYA in accordance with the terms and conditions of this instrument; Upon payment, this contract shall become null and void; otherwise, it shall continue in full force and effect and may be foreclosed in accordance with law. IN WITNESS WHEREOF, I have signed this instrument on __________________199_ at Makati City. DAMI KOTSE Affidavit of Good Faith126 We severally swear that DAMI KOTSE, mortgagor, and YAMAN NYA, mortgagee, have executed the foregoing Chattel Mortgage in order to guarantee as good and binding the obligations mentioned above and is not intended to defraud creditors.
125 126

1997 Bar Question; Please attach this particularly to a chattel mortgage. Page 59 of 62

YAMAN NYA DAMI KOTSE Signed in the presence of: UZI 1

UZI 2 Acknowledgment

PART SIX: APPEALS AND OTHER RESORTS TO APPELLATE COURTS IN CRIMINAL AND CIVIL PROCEDURE

[1] ORDINARY APPEALS127 CHECKLIST OF REQUIREMENTS: A. IN CIVIL CASES -I. From MTC (in original jurisdiction) to RTC (in appellate jurisdiction):128

15 days from notice of judgment or final order


Notice of Appeal129 Parties Judgment or final order appealed from Material dates showing timeliness of appeal Proof of payment of appellate court docket and other lawful fees130 Memorandum for Appellant and Appellee131

II. From RTC (in original jurisdiction) to CA132

15 days from notice of judgment or final order


Notice of Appeal Brief for Appellant133 Subject Index of the matter in brief Assignment of Errors Statement of the Case Statement of the Facts Statement of the Issues Argument Relief Copy of judgment or final order appealed from134 Brief for Appellee135
127 128 129 130 131 132 133 134 135

Rules 40, 42, 43, 44, 122; Rule 40; Rule 40, sec. 3; Rule 40, sec. 4; Rule 40, sec. 7; Rule 41; Rule 44, secs. 7, 13; In cases where the record on appeal is not elevated; Rule 44, section 13(h); Rule 44, secs, 8, 14; Page 60 of 62

(Same as supra, except for copy of judgment) Appellants Reply Brief136 Memorandum (in special cases)137 Statement of the Case Statement of the Facts Statement of the Issues Argument Relief

B. IN CRIMINAL CASES -I. From MTC (as trial court) to RTC (in appellate jurisdiction)138

15 days from notice of judgment or final order


Notice of Appeal Appellants Brief/Memorandum Appellees Brief/Memorandum

II. From RTC (as trial court) to CA139

15 days from notice of judgment or final order


Notice of Appeal Appellants Brief/Memorandum Appellees Brief/Memorandum

III. From RTC (as trial court) to SC140

15 days from notice of judgment or final order


Notice of Appeal Appellants Brief/Memorandum Appellees Brief/Memorandum

136 137

Rule 44, sec. 9; Rule 44, sec. 10; see SC Administrative Memorandum No. 99-2-04; this may be required in lieu of Briefs, note the almost identical content. 138 Rule 122, sec. 1(a); 139 Rule 122, sec. 1(b), sec. 3(a); 140 Rule 122, sec. 3(c); the ONLY instance when an ordinary appeal from the RTC is with the Supreme Court and where resort is made by simple notice of appeal; the only ground is where the penalty imposed is reclusion perpetua or life imprisonment or where a lesser penalty is imposed but involving offenses committed on the same occasion or arising out of the same occurrence that gave rise to the more serious offense for which the penalty of death or life imprisonment/reclusion perpetua is imposed. Page 61 of 62

[2] PETITIONS FOR REVIEW141 I. From RTC (as appellate court)142 or from quasi-judicial agencies143 to CA

15 days from notice of judgment or final order extension of 15


days only144 Full names of petitioner and respondent Statement of Material Dates Statement of Material Averments Statement of Issues, Errors of Fact or Law Argument Verification and Certification against Forum Shopping Attachments Certified true copy or duplicate original copy of judgment/final order questioned Clear and legible copy of all pleadings and other material portions of the record Proof of Service and Explanation for Service by Registered Mail (if applicable)145

II. From RTC (on pure questions of law)146 or CA (in appellate jurisdiction) to SC147

15 days from notice of judgment or final order extension of 30


days148 Names of petitioner and respondent (without impleading the lower court/judge/justice) Statement of Material Dates Material Allegations, Reasons or Arguments for allowance of petition Verification and Certification against Forum Shopping Attachments Certified true copy or duplicate original copy of judgment/final order questioned Clear and legible copy of all pleadings and other material portions of the record Proof of Service and Explanation for Service by Registered Mail (if applicable)149

e:\myfiles\forms2003

141 142 143 144 145 146 147 148 149

Rules 42, 43, 45, 122; Rule 42; Rule 43; Rule 42, sec. 1; Rule 43, sec. 4; Rule 13, section 13; See also Rule 122, sec. 1(b); Rule 45, sec. 4; Rule 45, sec. 2; Rule 13, section 13; Page 62 of 62