LEGAL ETHICS & PRACTICAL EXERCISES 2005 CENTRALIZED BAR OPERATIONS

MOST FREQUENTLY ASKED BAR QUESTIONS CONTRACTS OR AGREEMENTS
CONTRACT OF LEASE (1976, 1987, 1988, 1996, 1998)
Question No. 1: Prepare a contract of lease of an apartment unit for P5,000.00 a month between Mr. Jesus Santos as lessor and Mrs. Olivia Palpallatoc as lessee, for a period of twenty four (24) months. Supply the other facts required in a contract of lease. Include an acknowledgment. Answer: CONTRACT OF LEASE KNOW ALL MEN BY THESE PRESENTS: For and in consideration of the prestations and agreements hereunder stated, JESUS SANTOS, Filipino citizen, residing at No. 40 Limon Street, Quezon City, hereinafter referred to as the LESSOR hereby LETS and LEASES unto Mrs. OLIVIA PALPALLATOC, Filipino citizen, married to Juan Palpallatoc, resident of No. 40, Kitanlad, Quezon City, and hereinafter referred to as the LESSEE, that apartment unit located at No. 20 Kitanlad, Quezon City, covered by TCT No. 14789 of the Registry of Deeds, Quezon City, of which the LESSOR is the registered owner. 1. The term of the lease shall be twenty-four (24) months starting from the date of execution of this instrument, without any extension or renewal; 2. The rentals shall be P5,000.00 a month, payable within the first 10 days of each ensuing month; 3. In addition, the LESSEE shall deposit the amount equivalent to two (2) months rent to answer for whatever damages that may be caused to the leased premises, ordinary wear and tear excepted; 4. That the LESSEE shall use the said apartment for residential purposes only. 5. The LESSEE shall not sublease the premises without the written consent of the LESSOR, and neither shall she assign her leasehold rights without such consent of the LESSOR; 6. Expenses for water, electricity, gas and telephone charges shall be for the account of the LESSEE; 7. Any improvements introduced by the LESSEE on the leased premises shall become property of the LESSOR upon the termination the lease, without right of reimbursement from the latter; 8. At the termination of the lease, the LESSEE shall peaceably surrender the leased premises to the LESSOR without any demand, oral or written. IN WITNESS WHEREOF, the parties have signed this instrument at Quezon City, Philippines, on this 30th day of September, 2004. JESUS SANTOS Lessor OLIVIA PALPALLATOC Lessee With my marital consent: Husband Signed in the presence of: ROBERT CHAVEZ Witness CHRISTIAN ONG Witness

RED NOTES IN PRACTICAL EXERCISES
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San Beda College of Law
LEGAL ETHICS & PRACTICAL EXERCISES
REPUBLIC OF THE PHILIPPINES) QUEZON CITY ) S.S. ACKNOWLEDGMENT

CHATTEL MORTGAGE (1999, 1997)
Question No. 2: Document a chattel mortgage covering a motor vehicle. Answer: CHATTEL MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That I, Wendy Dayandayan, of legal age, married and resident of the City of Manila for and in consideration of the loan of FIFTY THOUSAND PESOS (P50,000.00), Philippine Currency, granted to me by Rem Tugadi, likewise of legal age, married and resident of the City of Manila, to be paid one year after date with 6% interest per annum from date hereof, have transferred and conveyed by way of chattel mortgage unto said Rem Tugadi, his heirs, successors and assigns, free from all liens and encumbrances, that certain motor vehicle at present in my possession in my aforementioned address, more particularly described as follows: (Description of motor vehichle) of which I am the true and absolute owner, my title thereto being evidenced by Registration Certificate of Motor Vehicle issued in my name by the Land Transportation Office, Quezon City on January 10, 2002. This chattel mortgage is being executed in order to secure the full and faithful payment of the aforementioned obligation in accordance with the terms and conditions of this instrument. The condition of this mortgage is such that if the said MORTGAGOR, his heirs, executors, or administrators shall well and truly perform the full obligation above stated, then this contract shall become null and void; otherwise, it shall continue to be in full force and effect and may be foreclosed in accordance with law. IN WITNESS WHEREOF, I have hereunto set my hand on this instrument, in the City of Manila, this 28th day of September 2003. WENDY DAYANDAYAN (Mortgagor) Signed in the presence of:

SAN BEDA COLLEGE OF LAW

CATHERINE BULSECO ACKNOWLEDGMENT AFFIDAVIT OF GOOD FAITH

RICA DURAN

We, the undersigned MORTGAGOR and MORTGAGEE, severally swear that the foregoing chattel mortgage is made and executed for the purpose of securing the obligation specified therein, and for no other purpose, and that the same is a just and valid obligation, and one not entered into for the purposes of fraud. WENDY DAYANDAYAN (Mortgagor) JURAT REM TUGADI (Mortgagee)

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married to MARGARET DY. Answer: DEED OF ABSOLUTE SALE OF REAL PROPERTY KNOW ALL MEN BY THESE PRESENTS: For and in consideration of the sum of FIVE MILLION PESOS (P5. 4: Your client Brandy Pitt was the victim of a hit and run car owned by Sharon Olba and driven by Jenny Aniston. transfer and association dues are for the account of Stephanie Uy.00.000. The parties agreed that all expenses for taxes. covered by Transfer Certificate of Title No. we have hereunto signed this deed of absolute sale in Quezon City on this 29th day of September 2002. Quezon City. Brandy Pitt.000. hereby SELL. Manila. Answer: RELEASE AND WAIVER I. registration. 1989. 45678 in the Registry of Deeds of Quezon City. of legal age. hereinafter known as VENDEE. Quezon City. hereinafter known as VENDOR. and will likewise be legally sufficient and acceptable to the car owner and his driver.000. 1984. HARRY DY. The VENDEE undertakes to pay all taxes. Since the amount offered was fair and reasonably covered all the expenses incurred. 1991) Question No. married to Margaret Dy. Filipino citizen. your client accepted the offer. transfer fees. and all other expenses attendant to the registration of this deed and transfer of the property in her name. The land is more particularly described in Transfer Certificate of Title No. Fiipino citizen. your client was convinced by the car owner to accept a sum of money by way of settlement. I. Use a fictitious name for the notary public. that certain parcel of land located at Ayala Heights. receipt of which is hereby acknowledged. the victim. 1983.00). registration. free from all liens and encumbrances. 341342 of the Registry of Deeds of Quezon City. Filipino citizen. and resident of No. sold their parcel of land located in Ayala Heights. Quezon City to Stephanie Uy for the amount of P5. HARRY DY Vendor With my Marital Consent: (Sgd) MARGARET DY Signed in the presence of: HEART EVANGELISTA ACKNOWLEDGMENT ANNE CURTIS STEPHANIE UY Vendee RELEASE AND WAIVER (1987) Question No. Quezon city. village association dues. of legal age and resident of 15 CM Recto Street.000. IN WITNESS WHEREOF. widow. Philippine currency. more or less.LEGAL ETHICS & PRACTICAL EXERCISES 2005 CENTRALIZED BAR OPERATIONS DEED OF SALE OF REAL PROPERTY (1979. Prepare the document of Release and Waiver that in your opinion will best protect the interest of your client. 3: Harry Dy. with an area of 500 square meters. after having been duly sworn in accordance with law hereby state: RED NOTES IN PRACTICAL EXERCISES 41 . of legal age and resident of 7 Kitanlad. 12 San Andres. TRANSFER AND CONVEY unto STEPHANIE UY. Prepare the contract of sale. After you had taken the steps to file the required court actions against Sharon Olba and the driver.

1987.000 for all the medical expenses and the losses that I sustained. 2. IN WITNESS WHEREOF. BRANDY PITT JURAT SPECIAL POWER OF ATTORNEY (1986. 1987 Mr. hereby ratifying and confirming all that he may do by virtue of these presents. Santolan Street. 5179).000. November 29. which I hereby acknowledge. SSS Building. SAN BEDA COLLEGE OF LAW 42 . against said person. 5 Santolan Street. That as a result of a motor vehicle accident which occurred on November 1. To encash the said checks and pay the proceeds thereof to Blue Chips Corporation. Quezon City. of legal age. constitute and appoint BEA LUCERO. to collect for one year starting March 1. Filipino. I realized that said Jenny Aniston was not altogether reckless in driving said vehicle. until the full amount of P12. I filed a criminal and civil complaint against both Jenny Aniston and Sharon Olba in the Regional Trial Court of Quezon City. That after verifying the facts. constituted and appointed and by these presents.San Beda College of Law LEGAL ETHICS & PRACTICAL EXERCISES 1. I am withdrawing my complaint in both civil and criminal cases filed in the Regional Trial Court of Quezon City (Civil Case No. located at Quezon Circle. Filipino. I have hereunto set my signature this 27th day of November. To collect for the next 12 months. married and a resident of No. John Cruz. when I was hit by a car driven by Jenny Aniston and owned by Sharon Olba. That in order to settle the case amicably and since the owner of the car Sharon Olba had offered to pay the sum of P10. until the full amount of P12. for me and in my name. place and stead. 497 and Criminal Case no. Sulu have named. 5. empowering Bea Lucero. Quezon City . 1987 in Quezon City. Quezon City. 3. married and a resident of Jolo.00 has been paid. 2. Quezon City. of legal age. Cruz’s pension checks from the Social Security System. SSS Building. and further release and discharge them from any and all liability. and to encash and pay the proceeds of the pension checks to Blue Chips Corporation. with offices at Quezon Circle. I hereby waive any and all claims. starting March 1. to be my true and lawful attorney-in-fact. Filipino. Answer: SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That I. 1987. Filipino. Quezon City. do hereby name. do and perform the following: 1. 4. married and a resident of No. Hereby giving and granting unto my said attorney-in-fact power and authority to do every act necessary and requisite in connection with the foregoing premises. Diliman.000 is fully paid to the latter. Quezon City. Sulu. Quezon City. 1992) Question No. 5: Prepare a special power of attorney for Mr. JOHN CRUZ. Diliman. married and a resident of Jolo. criminal or civil. That by virtue thereof. 1987. my pension checks from the Social Security System.

Manila SP. 1987. Paolo Bondoc RED NOTES IN PRACTICAL EXERCISES PETITION FOR PROBATE OF THE HOLOGRAPHIC WILL (1988) Question No. Jimmy Bondoc and Kyla Bondoc. 1986. 1 43 . sixty years of age. I. Ilocos Sur. my fishpond in Malabon City and covered by Certificate of Title No. The net residue of my estate. pro indiviso. Answer:  NOTE: The following sample of holographic will should be understood as entirely handwritten. Paolo Bondoc. I give. 1988) Question No. Nina Bondoc. bequest and devise to my wife. hereby declared this to be my last will and testament. resident of Vigan. after payment of just debts. and of a sound and disposing mind. 2. I give and devise to my children. or personal. real and personal. whether real. Answer: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Branch I. dated and signed. Vigan. Prepare a simple Holographic Will disposing of all your properties. Ilocos Sur. Ilocos Sur. Jimmy Bondoc and Kyla Bondoc. Proceedings No. in favor of your wife Nina Bondoc and your two children. or mixed. I have hereunto set my signature this 1 st day of March. 6: You are Paolo Bondoc. a resident of Vigan. of the Register of Deeds of the City of Malabon.LEGAL ETHICS & PRACTICAL EXERCISES 2005 CENTRALIZED BAR OPERATIONS IN WITNESS WHEREOF. 4572842. Amen. December 3. 7: Draft a petition for the probate of Don Mando Paquiao’s will. In the name of God. 1. JOHN CRUZ Signed in the presence of: MIKE ARROYO ACKNOWLEDGMENT GLORIA RAMOS WILLS AND TESTAMENT HOLOGRAPHIC WILL (1986.

1987 he executed a holographic will in his own handwriting in English. 2. MANDO PAQUIAO died in Manila. Manila PTR No. Manila. 5. 1994) Question No. the petitioner through undersigned counsel. 042979.00 in the event of suit to enforce the note and on venue of action which shall only be in the appropriate court in Cebu City. 1988.San Beda College of Law LEGAL ETHICS & PRACTICAL EXERCISES IN RE: PETITION FOR THE PROBATE OF THE HOLOGRAPHIC WILL OF MANDO PAQUIAO. 4 Taft Avenue.000. residing at No. where he last resided. 12344 VERIFICATION CERTIFICATION OF NON-FORUM SHOPPING SAN BEDA COLLEGE OF LAW NEGOTIABLE INSTRUMENTS PROMISSORY NOTE (1991. Prepare the requested promissory note. with interest at ten percent (10%) per annum. Manila.. Vivian Castro. 7. 1/5/1988. PETITIONER COMES NOW. That said will can be attested to as the handwriting of the testator by Crisha Pagat.000. That the deceased left only two properties namely a lot and house located at Taft Avenue and an apartment located at Remedios Street. binds herself to pay a loan of P50. RAPHAEL VILLEGAS Counsel for the Petitioner 123 Corazon Bldg. 1/2/1988. Manila and the widow of the deceased MANDO PAQUIAO. 1987. and to this Honorable Court respectfully alleges: 1. WHEREFORE. who was her private secretary for a period of 17 years. That he left as his only heirs the herein petitioner as his widow and his son Casimiro both of whom are residing at No. a language known to him. 3. 112098. and stipulations regarding attorney’s fees of P5. MELDA PAQUIAO. payable not later than the 20 th day of each month. He wants you to include an acceleration clause. That the deceased left no debts. 44 . A copy of said holographic will is hereto attached as Annex “A”. That on December 1. as his last will and testament. Manila Roll of Attorneys No. 4. 8: Carlo Rosales asks you to prepare a negotiable promissory note wherein the promissor. it is respectfully prayed that after due notice and publication this Honorable Court fix the date for the probate of said holographic will and that letters of administration be issued in favor of the herein petitioner and thereafter the properties of the deceased be adjudicated in accordance with the said holographic will.00 in five (5) equal monthly installments commencing on October 1994. 4 Taft Avenue. Manila IBP No. Manila. 6. January 7. That petitioner is a Filipino citizen. That on September 30.

1994 P50. respectfully alleges: That defendant. 1/3/1984. BRITNEY AGUILLERA.000. the truth being that the signature therein is not hers. VIVIAN CASTRO (Maker) PLEADINGS AND MOTIONS ANSWER (1976. specifically denies under oath the genuineness and due execution of the document. that in the event that I fail to pay any of the monthly payments. x ---------------------------------------------. Vivian Castro. 1994. by the undersigned Counsel. 1984. with compounded interest at ten percent (10%) per annum.000. payable not later than the 20 th day of each month.LEGAL ETHICS & PRACTICAL EXERCISES 2005 CENTRALIZED BAR OPERATIONS Answer: October 1. 12345. Answer: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Branch 1. Filipino citizen.versus BRITNEY AGUILLERA. Manila PTR No. and that said action shall be filed in an appropriate court in Cebu City. the entire balance shall immediately become due and payable. and answering the plaintiff’s complaint. LAWRENCE VILLEGAS Attorney for the Defendant XYZ Building. of legal age and resident of Manila promise to pay Carlo Rosales or order the sum of P50. I promise to pay P5. Philippines I.00 in five equal monthly installments commencing on October 1. Manila. marked as Annex “A” in the complaint. Manila Roll of Attorneys No. April 20. and that in the event of a suit to enforce the promissory note. Manila RICKY MARTIN. 1984) Question No. 9: Prepare an answer to a complaint denying the genuineness and due execution of the document upon which the cause of action in the complaint was based.61879. 12344 45 .x RED NOTES IN PRACTICAL EXERCISES ANSWER COMES NOW defendant. 2/2/1984.000. Defendant.00 as attorney’s fees. Manila IBP No.00 Cebu City. . Plaintiff.

Answer: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Branch 3. this motion is being filed solely for the foregoing reason and not for purposes of delay. subscribing under oath. it is respectfully prayed that defendant be given an extension of 15 days from October 4. hereby depose and state that: I am the defendant in the instant case. 2. your name is Pedro Cruz. has only up to October 4.versus PEDRO DE GUZMAN. Manila. . Omit proof of service and notice of hearing. Branch 3. through undersigned counsel. 2002. BRITNEY AGUILLERA JURAT Note: Copy furnished. For purposes of this pleading. to this Honorable Court respectfully alleges: CIVIL CASE NO. 3. Britney Aguillera. 46 . I have read the foregoing Answer and the allegations therein are true and correct of my own knowledge and based on authentic records on hand. he will need additional period of 15 days from October 4. Supply the other hypothetical data. 2002 within which to file an Answer to the Complaint. Manila. x ---------------------------------------------. That. to complete and file the same. WHEREFORE. 10: Prepare a motion for extension of time to file an answer to a complaint in the Regional Trial Court.x MOTION FOR EXTENSION OF TIME TO FILE AN ANSWER PLAINTIFF. Plaintiff. 2002 and consequently. Defendant. That the undersigned counsel has started to prepare the Answer but. 2002. 12345 SAN BEDA COLLEGE OF LAW 1. due to pressure of work n attending to other equally important cases. MOTION FOR EXTENSION OF TIME TO FILE AN ANSWER (2002) Question No. 2002 within which to file an Answer. unfortunately. That defendant was served with summons and a copy of the complaint on September 19. Manila JUAN DE LA CRUZ. September 21.San Beda College of Law LEGAL ETHICS & PRACTICAL EXERCISES VERIFICATION I.

Manila JASMINE VISTAN. Defendant. Marilag Condominium Mandaluyong City. 777. 2/2/1984. Counsels are also reminded of the mandatory filing of Pre-Trial Briefs at least 3 days before the Pre-Trial date. Rule 20 of the Rules of Court. the Pre-Trial Conference under Section 1. Bulseco. Plaintiff.versus CATS MONTREAL. Duran and Tugadi Law Offices Rm. 1995 at the City of Manila. Manila PTR No. Manila 2.61879. SO ORDERED. . Pineda and Marasigan Law Offices Suite 303. 1/3/1984. at 8:30 a. x ---------------------------------------. Manila Roll of Attorneys No. Metro Manila.m. MALOU SAPALO Judge Copy furnished: 1.LEGAL ETHICS & PRACTICAL EXERCISES 2005 CENTRALIZED BAR OPERATIONS PEDRO CRUZ Counsel for the Defendant XYZ Building. Metro Manila Civil Case No. Villanueva. Given this 24th day of September.x ORDER Issues being joined in this case. Manila IBP No. is set for October 30. 12344 NOTICE OF PRE-TRIAL CONFERENCE (1995) Question No. 1-89 of the Supreme Court. 12345. in relation to Circular No. Counsels are instructed to notify their respective clients. C-1774 RED NOTES IN PRACTICAL EXERCISES 47 . 1995. 11: Draft a notice of pre-trial conference. Answer: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Branch VII. Pacia Complex Binondo.

and notices relative to the instant case at its address indicated below.____________________ Counsel of the Accused (address) . with the conformity of the complainant Joyce Mapagbigay. 2005. orders. Plaintiff. it is respectfully prayed that the undersigned be furnished copies of all pleadings. For purposes of this pleading. your name is Pedro Cruz. as shown below. The case is pending before the Regional Trial Court. September 22. Accused. under the supervision and control of the Public Prosecutor. Answer: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Branch 7. where it is docketed as Criminal Case No. x ----------------------------------------------. Accordingly. Branch 1. 5430. Manila. PEDRO CRUZ Counsel for the Complainant Address: _________________ CONFORME: Criminal Case No.versus JOSE MALINLANG.San Beda College of Law LEGAL ETHICS & PRACTICAL EXERCISES ENTRY OF APPEARANCE (2002) Question No. Philippines. Manila Kindly enter the appearance of the undersigned as Private Prosecutor in the above-entitled case. . Manila. File your formal entry of appearance. 12: Jose Malinlang is accused of estafa upon complaint of Joyce Mapagbigay. Manila PEOPLE OF THE PHILIPPINES. 102078 For: ESTAFA SAN BEDA COLLEGE OF LAW 48 JOYCE MAPAGBIGAY Complainant Copies Furnished by personal delivery: The City Prosecutor Manila Atty. Joyce engages your services as a private prosecutor.x The Clerk of Court Regional Trial Court Branch 7.

and to this Honorable Court. through undersigned counsel. this Court has no jurisdiction over the instant case.m. 112098. seeks to quash the information on the ground that the RTC has no jurisdiction over the offense charged. Manila Roll of Attorneys No. Anthony Tabbios’s lawyer. or as soon as counsel may be heard. 102078 Violation of City Ordinance No. Manila. 5 imposes a maximum penalty of six (6) months imprisonment and P1. x ----------------------------------------------. 2/2/1990. Manila PTR No.LEGAL ETHICS & PRACTICAL EXERCISES 2005 CENTRALIZED BAR OPERATIONS MOTION TO QUASH (1976. 1986.000. 5 RED NOTES IN PRACTICAL EXERCISES 49 . Philippines.00 fine which is within the exclusive jurisdiction of the City Court of Manila. 1990. 12344 NOTICE OF HEARING The Clerk of Court Regional Trial Court of Manila Branch 47 Please set the foregoing Motion to Quash for hearing on Friday. 1/2/1990. 1988. ARGUMENT City Ordinance No. it is respectfully prayed that the information be quashed and the Accused be released immediately from detention. Criminal Case No. 1990 at 9:00 a. Atty. Plaintiff. October 1. Prepare a motion to quash. Hence. WHEREFORE.x MOTION TO QUASH COMES NOW the Accused. Manila PEOPLE OF THE PHILIPPINES.versus Anthony Tabbios. respectfully moves to quash the information filed by the Fiscal of Manila on the ground that: THIS HONORABLE COURT HAS NO JURISDICTION OF THE CASE. Lawrence Quicho. Branch 47. . Defendant. 13: The prosecutor charged Anthony Tabbios with violating a city ordinance before the Regional Trial Court (RTC) of Manila. 1990) Question No. LAWRENCE QUICHO Counsel for the Accused IBP No. Answer: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Branch 47. October 5. 61879.

Manila Roll of Attorneys No. at the option of the plaintiff. 61879. 112098. 12344 Copy Furnished: (3 days before hearing) City Prosecutor City Hall. Defendant.x MOTION TO DISMISS NOW COMES Defendant. 2002) Question No. PRAYER WHEREFORE. x ----------------------------------------------. Quezon City. by his undersigned attorney. 14: Prepare a motion to dismiss an action for a sum of money in the RTC Branch 1.versus PEDRO PATERNO. Plaintiff. 102078 For: Sum of Money SAN BEDA COLLEGE OF LAW 50 .San Beda College of Law LEGAL ETHICS & PRACTICAL EXERCISES RICHARD REYES Counsel for the Accused BP No. 1/2/1990. venue has been improperly laid. . Manila PTR No. 2/2/1990. Supply the other hypothetical facts and use Pedro Cruz as your name. Philippines. PEDRO CRUZ (Attorney for Defendant) __________________________ (Address) Civil Case No. Answer: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Branch 1. The complaint in the above-entitled case expressly alleges that the plaintiff is a resident of Makati City while the defendant is a resident of Caloocan City. ARGUMENT The Rules of Court provides that a complaint in a civil case cognizable by the Regional Trial Court should be filed in the RTC of the place where the plaintiff or the defendant resides. 2002. Hence. September 16. it is respectfully prayed that the complaint be dismissed. Quezon City JUAN DE LA CRUZ. Quezon City on the ground of improper venue. Manila MOTION TO DISMISS (1988. and to this Honorable Court respectfully moves that the complaint be dismissed on the ground that VENUE HAS BEEN IMPROPERLY LAID.

in view of the payment and acceptance. WHEREFORE. _____ PTR No. the sum adjudged against him. On November 21. Makati City PTR No. On November 30. Quezon City. 2. PEDRO CRUZ ADMISSION OF SATISFACTION OF JUDGMENT (1986) Question No. Makati City Roll of Attorneys No..00 in damages in a decision dated November 21. Purisima (By personal service) Counsel for the Plaintiff (address) Madame: Please be notified that on October 11.1986.000. Today. 1986. 15: You won a damage claim for your plaintiff client. 22222. before the Regional Trial Court of Makati which awarded her a total of P300.LEGAL ETHICS & PRACTICAL EXERCISES 2005 CENTRALIZED BAR OPERATIONS Roll of Attorneys No. 2/2. defendant fully satisfied the aforementioned judgment by tendering. respectfully alleges that: 1.000. Makati City RED NOTES IN PRACTICAL EXERCISES 51 . and the plaintiff accepting. [date issued][place issued] IBP No. 1986 judgment was rendered ordering defendant to pay plaintiff P300. or as soon thereafter as the matter may be heard. 1986 SHARON OLBA Counsel for Plaintiff Rockwell. Answer: (Caption and title) ADMISSION OF SATISFACTION OF JUDGMENT Plaintiff. Beth Pagaling. by counsel. ______. plaintiff executes this Admission and prays that satisfaction of judgment in the instant case be noted and entered by the clerk in his docket. November 30. the undersigned counsel will submit the foregoing motion to the Honorable Court for its consideration and resolution. [date issued][Chapter] Atty. ______. Prepare the appropriate pleading. defendant Jen Lim delivers a manager’s check payable to the order of your client in the amount of P300.000. Beth Pagaling and Jen Lim show up at your house and you are requested to prepare the proper pleading so that Jen Lim can get a signed copy right away. 1986. 1/2/1986.00 in damages. 12344 Copy furnished: RICA DURAN Ayala Ave. 11111.00 and insists that the court be advised immediately. Makati City IBP NO. 2002 at 8:30 a.m.

A Counsel for Plaintiff (Address) Civil Case No. Pasay City. defendant and plaintiff are husband and wife. Pasay City WIFE. Date. D Counsel for Plaintiff Roll of Attorneys No. Place. [date issued][Chapter] (Notice of Hearing) Atty. The plaintiff is without any source of income as shown by her affidavit attached hereto as Annex “B” hereof. respectfully states that: 1. As alleged in the complaint. Atty. 0001011 SAN BEDA COLLEGE OF LAW 52 . plaintiff needs a monthly allowance and support of P15. whereas the defendant is a medical doctor actively engaged in the practice of his profession with an average monthly income of P80.00 to be paid at plaintiffs residence on or before the 10th day of each month. x ----------------------------------------------. Considering the present prices of essential commodities.x MOTION TO FOR SUPPORT PENDENTE LITE Plaintiff through counsel.San Beda College of Law LEGAL ETHICS & PRACTICAL EXERCISES MOTION FOR SUPPORT PENDENTE LITE (2001) Question No. and since then defendant has failed to give any support to the plaintiff. ______. hereof. among others. having been legally married on 08 December 1996 at the Our Lady of Sorrows Church. On 01 June 2001.000. 4. 2. that defendant be ordered to give plaintiff a monthly support. it is most respectfully prayed of this Honorable Court that the defendant be ordered to give the plaintiff a monthly support pendente lite of P15.00 for her sustenance during the pendency of the instant case.000. WHEREFORE. plaintiff filed the complaint in the above case praying. ______. Defendant.00 more or less. _____ PTR No. defendant has abandoned the conjugal home on 24 January 1998 without justifiable cause or reason. 16: Draft a motion for support pendente lite to be filed in your client’s pending case in the Regional Trial Court of Pasay City.versus HUSBAND. 3. . 5. A certified true copy of their marriage contract is hereto attached a Annex “A”. Plaintiff. [date issued][place issued] IBP No.000. Answer: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Branch 1. As also alleged in the complaint.

000. 1986. 2.. 4. DAY-203. an American who had indicated that he resides at Room 1024 of the Manila Hotel. 1986. Inc. DAY-203. 1986) Question No. Sign as Atty. x--------------------------------x COMPLAINT COMES NOW. 17: Mr. Quiapo. 1986. or seized on execution or attached. Manila. but defendant avoided returning the car by giving one reason or another. That said car has not been taken for a tax assessment or fine pursuant to law. the Plaintiff. The car was not returned by the latter on the date agreed upon. defendant rented from plaintiff said Lancer car for a week from October 11 to 18. model 1984. 112098 For: Replevin RED NOTES IN PRACTICAL EXERCISES 53 . Casal Street. entered into a contract for the company whereby a car. and for the next three (3) days thereafter. 2001 at ____ a. Manila Avis Rent-A-Car (Philippines). residing at Room 1024.LEGAL ETHICS & PRACTICAL EXERCISES 2005 CENTRALIZED BAR OPERATIONS Sir: Please take note that on ______________. and to this Honorable Court alleges: 1.m. Atty. with offices at 311 P.. D PROVISIONAL REMEDIES COMPLAINT FOR REPLEVIN (1979. Manila Hotel. Prepare the verified complaint for replevin. John Doe. Quiapo. with Plate No. Answer: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Branch I. That on October 20. was rented out for the week of October 11 to 18. Plaintiff. Manila. where he may be served with Summons. 1986 to Mr. General Manager of Avis Rent-A-Car (Philippines). That on October 11. Inc.versus JOHN DOE. 3. That the value of the said car is P290. That Plaintiff is a domestic corporation existing under the laws of the Philippines. Defendant. That plaintiff is the registered owner of a motor vehicle described as a Mitsubishi Lancer. through the undersigned counsel. plaintiff demanded from defendant the return of the said car. Asunto.000. with offices at 311 P. the undersigned counsel will submit the foregoing motion to the Honorable Court for its consideration and resolution. Gene Alfajaro. Civil Case No.00 with Plate No. 6. Lancer Model 1984 valued at P290. . Casal St. 5.. while defendant is an American citizen..

Manila IBP No. 1997. 1/3/1986. 1996. the lessee. 12344 VERIFICATION CERTIFICATE OF NON-FORUM SHOPPING JURAT AFFIDAVIT FOR REPLEVIN SPECIAL CIVIL ACTIONS COMPLAINT FOR EJECTMENT (1976. should this prove unavailing. Tom Cruise. or for the payment of such sum that defendant may recover from plaintiff in the action. the lessor.versus KATIE HOLMES. Prepare the complaint for ejectment. 18: The lease contract between Tom Cruise and Katie Holmes having expired as of June 30. Quezon City TOM CRUISE. 2000) Question No. 1985.Manila PTR No. That plaintiff is ready and willing to give bond executed to the defendant in double the value of the property for the return of the property to the defendant should be adjudged. the Plaintiff in the above-entitled case. x ----------------------------------x Civil Case No. . The sheriff or other proper officer be ordered to take possession of the car and dispose of it in accordance with the Rules of Court. Manila. 12345. Defendant. retained your services as a lawyer to file the appropriate legal action against Katie Holmes. Answer: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT Branch III. judgment be rendered declaring that plaintiff is entitled to the possession of the car or. 2. December 3. 2004. Plaintiff. After hearing. 2/2/1986. through counsel. 1994. ATTY. 1982. 61879 For: Ejectment SAN BEDA COLLEGE OF LAW COMPLAINT COMES NOW. sentencing defendant to pay the value of the car.San Beda College of Law LEGAL ETHICS & PRACTICAL EXERCISES 7. 1984. for failure of the latter to vacate the leased premises despite repeated demands.61879. and to this Honorable Court alleges: 54 . WHEREFORE. 1993. 1986. Manila Roll of Attorneys No. ASUNTO XYZ Building. 1983. plaintiff prays that: 1.

2004. while defendant is likewise of age. Manila 55 .000. Quezon City Roll of Attorneys No.00 beginning on June 11. married and residing at No. WHEREFORE. To pay the monthly sum of P1.61879. 4. That written demand (Annex “B” hereof) to vacate and pay rentals in arrears was sen t to and received by defendant but despite said demand. 2. 2/2/1983. the lease contract had already expired and. payable within the first five days of each month. 100 Agno Street. 2003) Question No. 12345. despite repeated demands.00 as litigation expenses and attorney’s fees. and that the lease contract thereon is hereto attached as Annex “A”. LAWRENCE VILLEGAS Attorney for the Plaintiff XYZ Building. 100 Agno Street. Quezon City PTR No. That since June 11. he failed to vacate the same or pay said rentals.LEGAL ETHICS & PRACTICAL EXERCISES 2005 CENTRALIZED BAR OPERATIONS 1. plaintiff leased the said bungalow to the defendant for the next three (3) years at a monthly rental of P1. 2. 2004. Quezon City. To vacate the premises.000.000. 80 Agno Street. 3. married and residing at No. To pay the sum of P2. 1/3/1983. until the defendant vacates said premises. Quezon City IBP No. Answer: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Branch I. 5. Quezon City. 2000. July 7. 2001.00. That plaintiff is the owner of a semi-concrete bungalow located at No. That plaintiff is of age. 12344 VERIFICATION CERTIFICATION OF NON-FORUM SHOPPING JURAT CRIMINAL ACTIONS RED NOTES IN PRACTICAL EXERCISES INFORMATION FOR RAPE (1998. it is respectfully prayed that judgment be rendered against the defendant ordering her: 1. That on June 10. defendant had refused to vacate the premises and continues to occupy the same. Quezon City. 1983. with interest thereon at the legal rate until fully paid. 3. 20: Prepare an Information for rape of a 14-year old girl committed by the common-law spouse of her mother warranting the imposition of the death penalty. where he may be served with summons. Quezon City.

Manila. and within the jurisdiction of this Honorable Court. 21: Prepare a petition for habeas corpus on behalf of Major Vanilla who has been arrested by superior police authorities and detained at the Police Sub-Station 5 of Quezon City since August 30. 2000. LAWRENCE VILLEGAS. Manila. Manila Roll of Attorneys No. who was then a minor child. 14 years of age. Manila PTR No.m. 61879. Defendant. Plaintiff.versus MARTIN PARK. did then and there. by means of repeated blows to the stomach which rendered the victim unconscious. unlawfully and feloniously. x ---------------------------------------------. 12344 CERTIFICATION This is to certify that a preliminary investigation has been conducted in the above-entitled case. willfully. 1/2/2000. September 23.San Beda College of Law LEGAL ETHICS & PRACTICAL EXERCISES PEOPLE OF THE PHILIPPINES. 2/2/2000. Tondo. 1992 for participation in a robbery with homicide case. LAWRENCE VILLEGAS Public Prosecutor December 31. Contrary to law.x INFORMATION The undersigned Public Prosecutor for the City of Manila. 56 . 2000. have carnal knowledge of Jasmine Bukid. to wit: That. 2000. Manila. and daughter of Jamaica Bukid. . 1992) Question No. September 23. the said accused. 2000 IBP No. hereby accuses MARTIN PARK of the crime of Rape committed as follows. at his house in 26 Legaspi Street. and that on the basis of the evidence presented there is reasonable ground to believe that the offense charged has been committed and the accused is probably guilty thereof. Public Prosecutor JURAT CRIM. 112098. on or about 10:00 p. the common law spouse of the accused. of July 4. 102098 For: Rape SAN BEDA COLLEGE OF LAW SPECIAL PROCEEDINGS PETITION FOR WRIT OF HABEAS CORPUS (1979. CASE NO.

that respondent is the incumbent Superintendent of the Philippine National Police. x ---------------------------------------------------------------------. 2/2/1992. Quezon City while holding a gun was arrested by superior police authorities for alleged participation in a robbery with homicide in Quezon City. That Major R. Vanilla and forthwith explain why he should not be released from detention immediately.x PETITION COMES NOW the petitioner. where he may be served with summons and other court processes. Quezon City with office at City Hall. LAWRENCE VILLEGAS Counsel for Petitioner IBP No. . 4. That petitioner of legal age. VANILLA MARY VANILLA. 5. WHEREFORE. Declare his arrest and detention as invalid and unconstitutional. Quezon City. Vanilla had not participated in any alleged robbery with homicide. Quezon City IN THE MATTER OF THE APPLICATION FOR HABEAS CORPUS IN BEHALF OF MAJOR R. VANILLA. 2. That since then and up to the present. Major R. Quezon City. 1992. PHILIPPINE NATIONAL POLICE Respondent. residing at 177 Mayon. That Major R. is the wife of Major R. in view of the foregoing. Order respondent and/or his agents to appear before this Honorable Court and produce Major R. Quezon City Roll of Attorneys No. by her undersigned counsel and to this Honorable Court respectfully states: 1. September 26. Quezon City. Vanilla of the PNP. Philippines. Vanilla was detained at the Police SubStation 5. 3. without any formal charge filed against him. 1992 Major R. That on August 30. 112098. Quezon City PTR No. 12344 RED NOTES IN PRACTICAL EXERCISES 57 .LEGAL ETHICS & PRACTICAL EXERCISES 2005 CENTRALIZED BAR OPERATIONS Answer: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Branch 1. Petitioner. it is respectfully prayed that this Honorable Court: 1. Quezon City. hence his arrest and detention is without any lawful cause.versus CHRISTIAN TUGADI Superintendent. 61879. 1/2/1992. Vanilla is restrained of his liberty without due process of law. Petitioner further prays for such other relief and remedy as this Honorable Court may deem just and equitable. 2. Filipino citizen.

12344 Doc. I have caused the filing of the petition and the contents thereof are true and correct of my own knowledge and based on authentic records. hereby deposes and states that: I am the petitioner in the above-entitled case. 10. Series of 1992. Book No. September 23. exhibiting to me her Community Tax Certificate No. 61879.C. 112098. 2/2/1992. 12346 issued at Quezon City on January 4. Quezon City.C. No. IBP No. 1992 by MARY VANILLA. 20. LAWRENCE VILLEGAS Notary Public Until December 31.San Beda College of Law LEGAL ETHICS & PRACTICAL EXERCISES VERIFICATION I. V. 1992. Mary Vanilla. Roll of Attorneys No. Q.Q. 1992. MARY VANILLA Petitioner JURAT SUBSCRIBED AND SWORN to before me this 26 th day of September. 1/2/1992. 1992 PTR No. CERTIFICATION OF NON-FORUM SHOPPING SAN BEDA COLLEGE OF LAW 58 . Page No.

2001 .versus Boy Asunto. PATRICK SALONGA City Prosecutor Bail Recommended: None CRIM. Manila within the jurisdiction of this court.LEGAL ETHICS & PRACTICAL EXERCISES 2005 CENTRALIZED BAR OPERATIONS 2004 BAR EXAM QUESTIONS & ANSWERS CRIMINAL INFORMATION. October 15 . did then and there willfully. 147215 For: Homicide RED NOTES IN PRACTICAL EXERCISES 59 . 1 Prepare a draft of a criminal information charging a person with the crime of homicide. 2001. and there is prima facie evidence that the crime of Homicide has been committed and that the accused is probably guilty thereof. Answer: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT MANILA PEOPLE OF THE PHILIPPINES. CASE No. Plaintiff. JOHN PASCUAL Provincial Fiscal WITNESSES: BLESILDA CRISTOBAL MARIANO BATUMBAKAL CERTIFICATION I hereby certify that a preliminary investigation was conducted in the above-entitled case. with intent to kill. armed with a bladed weapon. complete with caption and title and required certification re preliminary investigation. Manila. . Do not use real names but supply all facts needed. HOMICIDE Question No. thereby inflicting upon him a fatal wound which directly caused his death.x INFORMATION The undersigned Assistant City Prosecutor hereby accuses Boy Asunto of the crime of Homicide committed as follows: That on or about August 12. x ---------------------------------------------. assault and stab one Artemio Co. San Juan. Accused. unlawfully and feloniously attack. the said accused. Contrary to law.

I have read the foregoing Complaint and the allegations therein are true and correct of my own knowledge and/or based on authentic records on hand. [3/1/02][Manila City] IBP No. with Community Tax Certificate No. 60 . on the day. 53. 2 Prepare an acknowledgment of a deed of sale of a registered parcel of land. This instrument. 2004 and March 6. 3 Prepare a draft of the verification and non-forum shopping certification. JUAN IGNACIO Notary Public for Malolos. Province of Bulacan. 25-02-003180 and 25-02-056170 issued by Municipaility of Malolos. year. BEFORE ME. personally appeared ABC and DEF. and place above written.S. and sealed with my notarial seal. 632145 PTR No. has been signed on the left margin of each and every page thereof by ABC and DEF and their witnesses. consisting of 4 pages. 35654. Bulacan #57 Sto.San Beda College of Law LEGAL ETHICS & PRACTICAL EXERCISES ACKNOWLEDGMENT Question No. Book No. Page No. 008. NON –FORUM SHOPPING CERTIFICATION SAN BEDA COLLEGE OF LAW Question No. Bulacan Appointment No. Supply fictitious names of the parties. hereby deposes and states that: I am the plaintiff in the instant case. the notary public and details of the parties’ community tax certificates. Philippines. Nino Malolos. RAPHY GAYONA. including the page on which this acknowledgment is written. and who acknowledged to me that the same is their free act and deed. VERIFICATION. 45. this 10 day of April. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my notarial seal. 2006 Roll of Attorneys No. Answer: VERIFICATION I. Series of 2005. 2005 in the Municipality of Malolos.[4/5/00][Bulacan Chapter] Doc. Answer: ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES PROVINCE OF _______________ CITY/MUNICIPALITY OF _______ S. No. on June 4. 2003. 578 Until January 1. subscribing under oath. consisting of four pages inclusive of the page where the acknowledgment appears. respectively. 54217. known to me to be the same persons who executed the foregoing instrument.

ATTESTATION CLAUSE Question No. Answer: ATTESTATION CLAUSE We. and we. in turn. b. the Court of Appeals. at his/her request have witnessed and signed the same on each and every page thereof. __________________________ (name and signature of witness) __________________________ (name and signature of witness) __________________________ (name and signature of witness) ______________________________________ (residence) ______________________________________ (residence) ______________________________________ (residence) RED NOTES IN PRACTICAL EXERCISES 61 . c. RAPHY GAYONA NOTARIAL WILL. ___________________. or different Divisions thereof. or different Divisions thereof. do hereby certify: That the testator. I hereby undertake to notify this Honorable Court within five (5) days from such notice. in the presence of the testator and in the presence of each and all of us. in our joint presence. the Court of Appeals. 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 on each and every page thereof on the left margin.LEGAL ETHICS & PRACTICAL EXERCISES 2005 CENTRALIZED BAR OPERATIONS I attest to the authenticity of the annexes thereof. RAPHY GAYONA CERTIFICATION I certify that: a. 4 Prepare a complete draft of an attestation clause of a notarial will. or different Divisions thereof. If I should learn that a similar action or proceeding has been filed or is pending before the Supreme Court. or any other tribunal or agency. the Court of Appeals. I have not commenced any other action or proceeding involving the same issues in the Supreme Court. No such action or proceeding is pending in the Supreme Court. on the left margin. or any other tribunal or agency. the undersigned attesting witnesses. or any other tribunal or agency. whose residences are stated opposite our respective names.

JUDICIAL FORM (CTIBRAP) 1. copy furnished. Caption The People of the Philippines is denominated as plaintiff even if the person charged is called the accused. 7. 3. 5. Title Announcement Party One Consideration Act or Conveyance Party Two Signature Acknowledgment 2. 2. certification of non-forum shopping. The prosecutor omits the mention of the relief he wants because the law prescribes penalties for specific crimes. 1. 7. DEED (TAPCAPSA) 1. 4. 5. 2. 4. 4. namely: the testator. 6. SWORN STATEMENT AFFIDAVIT (VT-POS-SJ) 1. For the TESTATOR’s statement conveying the estate to his heirs. 3. the witness and the notary public. 6. another plus is the need to give an explanation why personal filing or service could not be done. 3. use the format of the ordinary deed. 7. 3. Title Introduction Body Relief Attorney Plus or addendum (such as verification. explanation. 4. 5. Venue Title Person Oath Statement Signature Jurat or   V. 5. 2. Title Announcement Actors Whereases Agreement Proper Conditions or terms Signatures Acknowledgment III. 62 .  DENIAL OF AN ACTIONABLE DOCUMENT PLUS: Verification and Copy furnished MOTION  The body of a motion usually has two parts: the ground for the motion and the argument. The three WITNESSES make an “attestation” as to number of pages of the will and the fact that the testator signed the will and every page of it in the presence of the witnesses. CONTRACT (TAAWACSA) 1. LAST WILL AND TESTAMENT Note: It involves three actors making separate statements. 6. notice of hearing) II. 6.San Beda College of Law LEGAL ETHICS & PRACTICAL EXERCISES  CHECKLIST OF REQUIREMENTS  I.  PLUS: Proof of Service and Explanation Statement of copy furnished to the adverse party INFORMATION (CTIBAP) 1. 7. You need only vary the contents and the plus portion. 3. 8. Caption Title Introduction Body Attorney Plus or Addendum  Certification (mandatory)  List of witnesses  Recommended amount of bail SAN BEDA COLLEGE OF LAW IV. 5. and that the latter witnessed and signed the will and all its pages on the left margin in the presence of the testator and of one another. 4. 3. 2. 8. COMPLAINT  The body of a complaint usually has two parts: the identity of the parties and the cause of action (a statement of the right of the plaintiff and a statement of defendant’s violation of such right)  PLUS: Proof of service and Explanation Statement of copy furnished to the adverse party  If filing of a pleading or service of its copy on adverse party is done by REGISTERED MAIL. Note: The above pattern is available for all kinds of judicial pleadings and motions. 2. The NOTARY PUBLIC states in the acknowledgment that the testator and his witnesses acknowledged the will and its attestation before him. 6.

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