PLEADINGS, PETITIONS, MOTIONS AND OTHER JUDICIAL AND LEGAL FORMS

(Revised 2007)1

THEODORE O. TE2

Intended for Exclusive Use of the University of the Philippines College of Law Bar Examination Candidates for 200 ! the Law Interns of U"P" #ffice of Legal $id %UP&#L$'! and the students in the author(s classes" $ny other use! without permission of the author! is prohi)ited and all legal rights are reserved"

1 2

These forms were first published in 1 ! for use in the "# $%w &%r Ops for th%t 'e%r. (ssist%nt #rofessor %nd Dire)tor* "niversit' of the #hilippines Offi)e of $e+%l (id, $l.&.* ".#. (1 0), -r%teful %).nowled+ement is +iven to /eli0 1%rie 1. -uerrero* $l.&. ".#. (200!* e2pe)ted) for inv%lu%ble %ssist%n)e in re3 form%ttin+* proofre%din+ %nd upd%tin+ of le+%l referen)es.

TABLE OF CONTENTS
*a)le of Contents #n +riting! Legally I" C#,,#- .#/,0 $" Caption and *itle B" Prayer C" 2urat 3" 4erification E" Certification against .orum 0hopping ." Com)ined 4erification and Certification against .orum 0hopping 5" Com)ined 4erification! Certification against .orum 0hopping! and 0tatement of ,aterial 3ates 7" /e8uest for and -otice of 7earing I" Proof of Personal 0ervice 2" Proof of service )y registered mail %with Explanation for failure to serve personally' :" Place! date! signature! address! /oll num)er! IBP receipt num)er! P*/ num)er L" $c;nowledgement ," -otice of $ppeal II" PLE$3I-50 $-3 #*7E/ LE5$L 3#CU,E-*0 I- CI4IL P/#CE3U/E $" Complaint %and other initiatory pleadings' 1" Complaint for e=ectment with damages 2" Complaint for sum of money 6" Complaint for /eplevin 9" Complaint to set period of years for lease B" $nswer with affirmative defenses and counterclaims 1" $nswer with compulsory counterclaim 2" $nswer with counterclaim and cross&claim C" Pre&trial Brief 3" ,otions 1" ,otion to 3ismiss %with /e8uest for and -otice of 7earing' 2" ,otion for leave of court to file pleading %with explanation for service )y registered mail' 6" ,otion for 2udgment on the Pleadings 9" Ex parte motion to set for trial <" ,otion for postponement >" ,otion for extension of time " ,otion to declare defendant in default ?" ,otion to lift order in default E" 0pecial Civil $ctions
1. Certiorari (with Injunction and/or TRO) !rohi"ition and #anda$u%

ii v 1 1 1 2 2 2 6 6 6 9 9 < <

> ? @ 10 12 16 1< 1> 1 1? 1@ 20 21 22 26 29 2<

a" Certiorari )" Prohi)ition c" ,andamus 2" Auo warranto! Interpleader! Auieting of *itle! and 3eclaratory /elief ii

a" )" c" d" III"

Complaint in Interpleader $ction to Auiet %or /emove Cloud on' *itle $ction for 3eclaratory /elief Auo +arranto

2> 2 2? 2@

PLE$3I-50 $-3 #*7E/ LE5$L .#/,0 I- C/I,I-$L P/#CE3U/E $" Complaint&$ffidavit and Counter&$ffidavit 1" Complaint&$ffidavit 2" Counter&$ffidavit B" Information and Complaint 1" Information %with Certificate of Preliminary Investigation or In8uest' a" Bigamy )" *heft c" $ttempted /ape d" .rustrated ,urder C" ,otions 1" ,otion to Auash Information 2" ,otion to Auash 0earch +arrant 6" ,otion to 0uppress Evidence 9" ,otion for Bail 3" $pplication for Bail PLE$3I-50 $-3 #*7E/ LE5$L 3#CU,E-*0 C#,,#- *# CI4IL $-3 C/I,I-$L P/#CE3U/E $" #ffer of Evidence and #ppositionBComment to #ffer 1" .ormal #ffer of Evidence 2" CommentB#pposition to #ffer B" 3emurrer to the Evidence 1" Criminal cases 2" Civil cases C" -otice of Lis Pendens 3" $ppearance as Counsel E" +ithdrawal as Counsel 1" +ithdrawal with conformity of client 2" +ithdrawal without conformity of client ." 0u)stitution of Counsel 5" -otice of $ppeal PLE$3I-50 $-3 LE5$L 3#CU,E-*0 #- 3#,E0*IC C$0E0 $-3 0PECI$L P/#CEE3I-50 $" Petition for 7a)eas Corpus B" Petition for $doption C" Petition for 3eclaration of -ullity of ,arriage with $pplication for Provisional #rders 3" Petition for Pro)ate of 7olographic +ill 3EE30! C#-*/$C*0 $-3 #*7E/ C#/P#/$*E LE5$L 3#CU,E-*0 $" 0pecial Power of $ttorney iii

60 61 66 69 6< 6> 6 6? 6@ 90 91

I4"

92 96 99 9< 9> 9 9? 9? 9@ 9@

4"

<0 <1 <2 <9 <<

4I"

B" C" 3" E" ." 5" 7" I" 2" :"

L" ," -" #" P" A" /" 0" 4II"

5eneral Power of $ttorney Contract of Lease 7olographic +ill -otarial +ill $ttestation Clause for a -otarial +ill $c;nowledgement of a -otarial +ill 3onation Inter 4ivos $c;nowledgment of -ominee 0tatus with $ssignment of 0hares 0ecretary(s Certificate Board /esolutions 1" $uthority to $ct 2" Increase in num)er of directors and necessary amendment to the $rticles of Incorporation 3eed of $ssignment 3eed of 0ale of /egistered Land %unilateral' 3eed of 0ale of Unregistered Land %unilateral' 3eed of 0ale with Pacto de /etro %)ilateral' 3eed of /epurchase of land sold under Pacto de /etro 3eed of 0ale with ,ortgage 3acion en Pago %3eed of $ssignment of /eal Estate in payment of de)t' Chattel ,ortgage

<< <> < < <? <? <@ >0 >1 >1 >1 >2 >6 >9 >< >> > >? >@

$PPE$L0 $-3 #*7E/ /E0#/*0 *# $PPELL$*E C#U/*0 I- C/I,I-$L $-3 CI4IL P/#CE3U/E $" #rdinary $ppeals 1" in civil cases a" from ,*C %in original =urisdiction' to /*C %in appellate =urisdiction' )" from /*C %in original =urisdiction' to C$ 2" in criminal cases a" from ,*C %as trial court' to /*C %in appellate =urisdiction' )" from /*C %as trial court' to C$ c" from /*C %as trial court' to 0C B" Petitions for /eview 1" from /*C %as appellate court' or from 8uasi&=udicial agencies to C$ 2" from /*C %on pure 8uestions of law' or C$ %in appellate =urisdiction' to 0C

0 0 0 0 0 0 1 1

iv

ON WRITING, LEGALLY
“Therefore, its name was called Babel, because there the Lord confused the language of all the earth.” C 5enesis! 11D@! E04

4f brevit' is the soul of wit* wh%t now is to be)ome of l%w'ers (%nd l%w students) who would non)h%l%ntl' write % 1003p%+e do)ument %nd d%re )%ll it % 5&rief67 The tr%dition%l notion of le+%l writin+ is th%t it is % )ompetition to put to+ether %s m%n' four to five3s'll%ble words in % one3p%r%+r%ph senten)e. The l%n+u%+e of the l%w m'stifies %nd with this )omes the power of the l%w'er. The more obs)ure %nd obtuse the l%n+u%+e* the +re%ter the need for % l%w'er. Histor' h%s +iven us m%n' l%n+u%+e h%ndi)%ps %nd obst%)les to )l%rit' %nd pre)ision. Throu+hout four 'e%rs of l%w s)hool* the l%w student* who eventu%ll' be)omes % l%w'er* is tr%ined to thin. in %r)h%i) words %nd phr%ses8le+%lese8whi)h %ppe%r to h%ve le+%l si+nifi)%n)e but is %)tu%ll' too impre)ise to help %n'one underst%nd wh%t is +oin+ on. (nd to %dd to the b%belish situ%tion* there %re hundreds of words in % de%d l%n+u%+e8$%tin8th%t h%ve little relev%n)e to the )ontempor%r' world. There is % se% )h%n+e* however* +oin+ on in le+%l writin+. 1ore %nd more* ple%ders %re %s.ed to be )le%r %nd )on)ise* pre)ise not ped%nti). 9h' w%ste five words when three will do7 : &ut )h%n+e* %s %lw%'s* is diffi)ult %nd p%inful. ;et* it is %n essenti%l response to tod%'<s evolvin+ le+%l profession. 4ndeed* when the most )ommon me%ns now of )ommuni)%tin+ is te2t* with its own sub)ulture %nd lin+o* there must be % re3e2%min%tion of the %r)h%i) m%nner b' whi)h le+%l writin+ presents itself. 9h%t this short introdu)tion to the %))omp%n'in+ h%ndboo. of Pleadings, Petitions, Motions and Other Legal and Judicial Forms see.s to do is to put forth the need to write )le%rl' %nd )on)isel'* pre)isel' but not ped%nti)%ll'. 9hen % =ud+e<s %ttention sp%n is short %nd his b%).lo+ of re%din+ is lon+* the need to write )on)isel'* )le%rl'* pre)isel' but not ped%nti)%ll' be)omes %bsolutel' )le%r. 9ritin+ )on)isel' %nd not ped%nti)%ll'* however* does not me%n th%t the le+%l writer ou+ht to )ut )orners when it )omes to subst%n)e %s well %s form, the onl' thin+ th%t th%t +u%r%ntees is % b%leful st%re %nd % rude dismiss%l from the =ud+e. >ot onl' must the writer .now the %r+uments %nd the b%ses for his %r+uments* but she must %lso re%li0e th%t these %r+uments need to be presented in % m%nner th%t is te)hni)%ll' suffi)ient.

:

1' f%vorite* %nd m%n' of m' students will %ttest to this* is the %bsolutel' %r)h%i) “Comes Now, the Plaintiff, by the undersigned counsel, unto this Honorable Court, res ectfully states that! %s p%rt of ever' ple%din+. 9h' w%ste 1? words* when @ will do* thusA “Plaintiff, by counsel, res ectfully states that!" The l%tter loses none of the le+%l +r%vit%s but loses ever' bit of the %r)h%i) pretense th%t m'stifies the l%w %nd perpetu%tes the notion th%t l%'wers .now wh%t the' %re doin+ e%)h %nd ever' time.

v

4t is hoped th%t the forms presented here* with )he).listsB of le+%l reCuirements %nd short %nnot%tions* will provide the impetus for dem'stif'in+ le+%l writin+ %nd le+%l dr%ftin+. These forms )ome from %)tu%l forms used in the %uthor<s pr%)ti)e* some from worth' opponents %nd still some from tr%dition%l form boo.s* with upd%tes to fit the )urrent st%te of the Rules. 9hile this h%ndboo. w%s produ)ed* prim%ril'* with the b%r e2%minees %nd the l%w intern or l%w student in mind* it is hoped th%t it mi+ht prove helpful %s well when Deptember ends? %nd life* %s % l%w'er* be+ins in e%rnest.

#heodore O" #e $oom %&', Malcolm Hall (ni)ersity of the Phili ines *ugust +&&,

B

().nowled+ment is +iven to Atty. Alex M. Enri !e", ($l.&.* "#* 1 0) for the ori+in%l templ%te of the Ehe).lists* whi)h h%ve been upd%ted to suit )urrent pr%)ti)e. ? -ide -reen D%'* 59%.e 1e "p 9hen Deptember Ends6* whi)h h%s be)ome %n unoffi)i%l %nthem for b%r e2%minees in the #hilippines.

vi

I.

CO##ON FOR#S (. Ca&tion and Tit'e /epu)lic of the Philippines -ational Capital 2udicial /egion /E5I#-$L */I$L C#U/* Branch 1! ,anila

EEEEEEEEEEEEEEEEEEEE! Plaintiff! &versus& -o"EEEEEEEEEEEEEEE .or EEEEEEEEEEEEEEEEEEEEEEE EEEEEEEEEEEEEEEEEEEEEE! 3efendant" x&&&&&&&&&&&&&&&&&&x B. !ra(er P/$FE/ +7E/E.#/E it is respectfully prayed! after notice and hearing! that the defendant )e ordered to pay the plaintiff the amount of #ne ,illion Pesos %Php"1!000!000' for actual and compensatory damages! .ifty *housand Pesos %Php"<0!000' for moral damages! .ifty *housand Pesos %Php"<0!000' for exemplary damages! and .ifty *housand Pesos %Php"<0!000' for attorney(s fees" #ther =ust and e8uita)le reliefs are also prayed for" Civil Case

E. )urat
0UB0C/IBE3 $-3 0+#/- *# )efore me in the City of EEEEEEEEEEEEEEE on this day of EEEEEEEEEEEEEEEEE! affiant exhi)iting )efore me his community tax certificate no" EEEEEEEEEEEEEEE issued on EEEEEEEEEEEEEEEEEE at EEEEEEEEEEEEEEEEEEEEE" %0gd"' -" #" *$/I# -otary Pu)lic Until EEEEEEEEEEEEEEEEEE P*/ -o" EEEEEEEEEEEEEEE Issued at EEEEEEEEEEEEEE #n EEEEEEEEEEEEEEEEEEE 3oc" -o" Page -o" Boo; -o" 0eries of 200 "

1

D. *eri+ication
4E/I.IC$*I#/epu)lic of the Philippines City of EEEEEEEEEEEEEEE ' ' s"s"

C":" 7ilfiger! after having )een duly sworn in accordance with law! deposes and states thatD 1" 7e is the plaintiff in the pleadingBdocument entitled %pleadingBdocument )eing verified' 2" 7e has caused its preparation 6" 7e has read it and the allegations therein are true and correct of his own ;nowledge or )ased on authentic records" %0gd"' C":" 7IL.I5E/ !L,S- 2urat NOTE- Pleadings re8uired to )e verified 1" $ll pleadings under the /ules of 0ummary Procedure 2" Complaints for a" .orci)le entry )" Unlawful detainer c" /eplevin 6" Complaints with application for in=unction or attachment 9" $nswer to complaint or counterclaim )ased on actiona)le documents <" Petitions for a" Certiorari )" Prohi)ition c" ,andamus d" 7a)eas Corpus e" Change of -ame

E. Certi+ication a.ain%t Foru$ Sho&&in.
CE/*I.IC$*I#- $5$I-0* .#/U, 07#PPI-5 /epu)lic of the Philippines City of EEEEEEEEEEEEEEE ' ' s"s"

C":" 7ilfiger! after having )een duly sworn in accordance with law deposes and states thatD 1" 7e is the plaintiff in the case entitled %title of the case'G 2" 7e certifies that he has not commenced any action or filed any claim involving the same issues )efore any other court! tri)unal or 8uasi&=udicial agencyG 6" *o the )est of his ;nowledge! there is no such pending action or claimG 9" If he should learn that a similar action or claim has )een filed or is pending he shall report such fact within five %<' days from the discovery to this 7onora)le Court" %0gd"' C":" 7IL.I5E/ !L,S- 2urat F. Co$"ined *eri+ication and Certi+ication a.ain%t Foru$ Sho&&in. 4E/I.IC$*I#- H CE/*I.IC$*I#- $5$I-0* .#/U, 07#PPI-5 I! C":" 7ilfiger! of legal age! do here)y state thatD I am the Chief Executive #ffice of $lis 3i&yan Company and in such capacity! caused this Complaint to )e preparedG I have read its contents and affirm that they are true and correct to the )est of my own personal ;nowledgeG I here)y certify that there is no other case commenced or pending )efore 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 %<' days from my notice" I- +I*-E00 +7E/E#.! I have signed this instrument on EEEEEEEEEEEEE" %0gd"' C":" 7IL.I5E/ !L,S- 2urat

2

/. Co$"ined *eri+ication #ateria' 0ate%

Certi+ication a.ain%t Foru$ Sho&&in.

and State$ent o+

4E/I.IC$*I#- H CE/*I.IC$*I#- $5$I-0* .#/U, 07#PPI-5 I! C":" 7ilfiger! of legal age! do here)y state thatD I am the Chief Executive #ffice of $lis 3i&yan Company and in such capacity! caused this Complaint to )e preparedG I have received a copy of the [ rder!"esolution!#ecision$ of the %ourt on &' (pril )**+, I have read its contents and affirm that they are true and correct to the )est of my own personal ;nowledgeG I here)y certify that there is no other case commenced or pending )efore 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 %<' days from my notice" I- +I*-E00 +7E/E#.! I have signed this instrument on EEEEEEEEEEEEE" %0gd"' C":" 7IL.I5E/ !L,S- 2urat

H. Re1ue%t +or and Notice o+ hearin.
/EAUE0* .#/ H -#*ICE #. 7E$/I-5 *7E B/$-C7 CLE/: #. C#U/* ,etropolitan *rial Court AueIon City! Branch 6@ Please su)mit the foregoing ,otion to the Court for its consideration and approval immediately upon receipt hereof and ;indly include the same in the court(s calendar for hearing on .riday! 16 $pril 200 at ?D60 in the morning" $**ICU0 .I-C7 1 ,oc;ingBird 0treet *imog $venue! AueIon City Please ta;e notice that counsel has re8uested to )e heard on .riday! 16 $pril 200 at ?D60 in the morning" %0gd"' ,I*C7 ,C3EE/E Counsel for 3efendant 2 *he .irm Laguna 0treet! AueIon City I. !roo+ o+ &er%ona' %er2ice

Copy furnished through personal serviceD $tty" ,itch ,c3eere Counsel for the 3efendant 2 *he .irm Laguna 0treet! AueIon City

6

). !roo+ o+ %er2ice "( re.i%tered $ai' (with E3&'anation +or +ai'ure to %er2e &er%ona''() Copy furnished through registered mailD $tty" ,itch ,c3eere Counsel for the 3efendant 2 *he .irm Laguna 0treet! AueIon City /egistry /eceipt -o" EEEEEEEE Post #ffice EEEEEEEEEEEEEEEE 3ate EEEEEEEEEEEEEEEEEEEEE EJPL$-$*I#*he foregoing %designation of pleading! motion! etc"' and its attachment were served on $tty" ,itch ,c3eere )y registered mail instead of personal service as counsel for petitioner only has one messenger and personal service would have resulted in the motion not )eing filed on time to the detriment of petitioner" %0gd"' $**ICU0 .I-C7 /epu)lic of the Philippines City of EEEEEEEEEEEEEEE ' ' s"s" $..I3$4I* I! 7$/PE/ LEE! a messenger of $tty" $tticus EEEEEEEEEEEEEEEEEE! after )eing duly sworn! deposes and statesD .inch! with office address at

*hat on EEEEEEEEEEEEEEEEEEEEEE! I served a copy of the following pleadingsBpapers )y registered mail in accordance with 0ection 10! /ule 16 of the /ules of CourtD -ature of PleadingBPaper EEEEEEEEEEEEEEEEEEEEEEEE EEEEEEEEEEEEEEEEEEEEEEEE in Case -o" EEEEEEEEEEEEEEEEE entitled EEEEEEEEEEEEEEEEEEEE )y depositing a copy in the post office in a sealed envelope! plainly addressed to %name of party or hisBher attorney' at EEEEEEEEEEEEEEE with postage fully paid! as evidenced )y /egistry /eceipt -o" EEEEEEEEEEEEEEEEEEEEE attached and with instructions to the post master to return the mail to sender after ten %10' days if undelivered" *# *7E */U*7 #. *7E .#/E5#I-5! I have signed this $ffidavit on 16 $pril 200 ! in the City of ,anila! Philippines" %0gd"' 7$/PE/ LEE $ffiant !L,S- 2urat 4. !'ace date %i.nature addre%% Ro'' nu$"er IB! recei&t nu$"er !TR nu$"er City of ,anila! 16 $pril 200 " $tty" ,itch ,c3eere Counsel for the 3efendant 2 *he .irm! Laguna 0treet! AueIon City! ,etro ,anila /oll -o" IBP #/ -o"! date and place of issue P*/ #/ -o"! date and place of issue

9

$. Ac5now'ed.$ent
/epu)lic of the Philippines City of ,anila ' ' s"s"

BE.#/E ,E! this 16th day of $pril! 200 in the City of ,anila! Philippines! personally appeared $**ICU0 .I-C7! with K4alid Identification 3ocumentL %3river(s License -o" -2<&0 &00 ' issued )y the Kofficial agencyL %Land *ransportation #ffice' on 10 2anuary 200 ! ;nown to me to )e the same person who executed the foregoing instrument! and who ac;nowledged to me that the same is his free act and deed" I- +I*-E00 +7E/E#.! I have set my hand and affixed my -otarial seal on the day! year and place written" %0gd"' -" #" *$/I# -otary Pu)lic Until EEEEEEEEEEEEEEEEEE P*/ -o" EEEEEEEEEEEEEEE Issued at EEEEEEEEEEEEEE #n EEEEEEEEEEEEEEEEEEE 3oc" -o" Page -o" Boo; -o" 0eries of 200 NOTE- If the instrument consists of 2 or more pages! include the following after the 1 st paragraphD *his instrument! consisting of EEE pages! including the page on which this ac;nowledgment is written! has )een signed on the left margin of each and every page thereof )y EEEEEEEEEEE and his witnesses %if any'! and sealed with my -otarial seal" NOTE- If the instrument conveys 2 or more parcels of land! include the following after the 1 st paragraphD *his instrument relates to the sale %or mortgage' of EEE parcels of land! and consists of EEE pages including the page on which this ac;nowledgment is written! each and every page of which! on the left margin! having )een signed )y EEEEEEEEEEEEEE and his witnesses %if any'! and sealed with my -otarial seal" #. Notice o+ A&&ea' -#*ICE #. $PPE$L 3efendant! $BC! )y counsel! respectfully appeals to this 7onora)le Court the 3ecision of the lower court dated 16 $pril 200 ! a copy of which he received on 2> $pril 200 " AueIon City! 2 ,ay 200 " %0gd"' ,I*C7 ,C3EE/E Counsel for 3efendant 2 *he .irm Laguna 0treet! AueIon City

<

II.

!LEA0IN/S AN0 OT6ER LE/AL 0OC,#ENTS IN CI*IL !ROCE0,RE (. Co$&'aint (and other initiator( &'eadin.%) 1. Co$&'aint +or eject$ent with da$a.e% 718 /egional *rial Court -ational Capital 2udicial /egion ,E*/#P#LI*$- */I$L C#U/* AueIon City! Branch 66

$LI0 3I&F$- C#,P$-F! Plaintiff! & versus & F#:# -5$! 3efendant" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x C#,PL$I-* PL$I-*I..! )y counsel! respectfully states thatD 798 1" Plaintiff is a foreign corporation organiIed and existing under the laws of .rance with )usiness address at 111 #cean 3rive! *una Compound! AueIon CityG 3efendant is a .ilipino! of legal age! single and currently resident of 112 #cean 3rive! *una Compound! AueIon City! where he may )e served with summons and other pertinent processes" 7:8 2" Plaintiff owns that property located at 112 #cean 3rive! *una Compound! AueIon City which it leased to defendant under the terms and conditions stated in the Contract of Lease dated 1 2anuary 200<! which contract expires on 61 3ecem)er 200>" $ copy of the contract is attached as $--EJ $" 6" Upon expiration of the contract! plaintiff informed defendant of its intention not to renew the lease as it would use the property for its )usiness expansionG plaintiff then as;ed defendant to vacate the premises" $ copy of plaintiff(s letter to defendant is attached as $--EJ B" 7;8 9" 3espite demand duly made and received! defendant has refused to vacate the premises and continues to occupy the property without plaintiff(s consent" "esort to the Barangay conciliation system proved useless as defendant refused to appear before the Lupong Tagapamayapa. ( %ertification to -ile (ction is attached as (../0 % " <" 3efendant(s act of dispossession has caused plaintiff to suffer material in=ury )ecause plaintiff(s )usiness expansion plans could not )e implemented despite the arrival of machineries specifically leased for this purpose at the rental rate of U0M<00 per month" 3efendant(s continued occupation of the premises has also forced plaintiff to sue and to incur legal expenses amounting to .ifty *housand Pesos %P<0!000"00'" 7<8 +7E/E.#/E! plaintiff respectfully prays for =udgment in its favor )y ordering defendant to vacate the property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff the amount of U0M6!<00 representing rentals on the machineries for seven % ' months and .ifty *housand Pesos %P<0!000"00' for $ttorney(s fees" #ther =ust and e8uita)le reliefs are also prayed for" 7=8 AueIon CityG 16 $pril 200 " 7>8 %0gd"' $**ICU0 .I-C7 Counsel for Plaintiff K$ddressL !L,S1" 7?8 4erification and Certification against .orum 0hopping 2" 2urat Civil Case -o" 2222 .orD E=ectment

>

2. Co$&'aint +or %u$ o+ $one(
718 /epu)lic of the Philippines -ational Capital 2udicial /egion /E5I#-$L */I$L C#U/* Branch 101! ,a;ati City E0*$ P$3#/$! Plaintiff! & versus & ,$-55$ 5$-*0#! 3efendant" x &&&&&&&&&&&&&&&&&&&&&&&&&& x C#,PL$I-* PL$I-*I..! )y counsel! respectfully states thatD 798 1" Plaintiff is a .ilipino! of legal age! and resident of > <0 .or)es Par;! ,a;ati CityG defendant is also a .ilipino! of legal age and resident of > <2! .or)es Par;! ,a;ati City! where he may )e served with summons and other processes" 7:8 2" 0ometime in 2anuary 200< and over a period of six %>' months! defendant )orrowed certain amounts from plaintiff" 3efendant promised to pay these amounts on an installment )asis monthly" *hese amounts now total -ine 7undred *housand Pesos %P@00!000"00'" 7;8 6" 3espite repeated demands! )oth oral and written! defendant failed or has refused to pay any amount to plaintiff as no installment payment has even )een made" $ copy each of plaintiff(s two %2' demand letters is attached as $--EJ $ and B" 9" /esort to the Barangay Conciliation process proved fruitless as defendant failed to appear! despite notice on him to appear" *hus! a Certification to .ile $ction! a copy of which is attached as $--EJ C! was issued )y the Barangay Chairman" <" 3efendant(s o)ligation is due and demanda)le and plaintiff is entitled to the payment of the entire amount of -ine 7undred *housand Pesos %P@00!000"00' plus legal interest" >" By reason of defendant(s unreasona)le failure or refusal to pay his due and demanda)le o)ligation! plaintiff was forced to engage the services of counsel to vindicate his rights there)y committing himself to pay legal expenses amounting to .ifty *housand Pesos %P<0!000"00'" 7<8 +7E/E.#/E! plaintiff respectfully prays for =udgment in his favor through a 3ecision directing defendant to pay him -I-E 7U-3/E3 *7#U0$-3 PE0#0 %P@00!000"00'! with legal interest! as $C*U$L 3$,$5E0 and .I.*F *7#U0$-3 PE0#0 %P<0!000"00' as $ttorney(s .ees" #ther =ust and e8uita)le reliefs are also prayed for" 7=8 AueIon City for ,a;atiG 16 $pril 200 " 7>8 %0gd"' $**ICU0 .I-C7 Counsel for Plaintiff K$ddressL !L,S- 7?8 4erification and Certification against .orum 0hopping Civil Case -o" 000??2 .orD 0um of ,oney

:. Co$&'aint +or Re&'e2in
718 /epu)lic of the Philippines -ational Capital 2udicial /egion /E5I#-$L */I$L C#U/* Branch 101! ,a;ati City 7U/*0 /E-*&$&C$/! represented )y $:I- -$F$-! Plaintiff! Civil Case -o" 0000?? & versus & F#:# -5$! 3efendant" x&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x C#,PL$I-* Plaintiff! )y counsel! respectfully states thatD 798 1" Plaintiff is the general manager of 7urts /ent&$&Car with offices at ,a;ati CityG defendant is a *ongan! temporarily residing at Bayview 7otel! /oxas Boulevard! ,anila" 7:8 2" 7urts /ent&$&Car is the registered owner of a 7onda C/4 with license plate num)er JL4& > <! which defendant! on 6 ,arch 200<! rented from plaintiff for a period of one %1' wee;" 7;8 6" #n 1< ,arch 200<! plaintiff demanded from defendant the return of the car )ut defendant failed and refused to do so" 9" *he car has not )een ta;en for a tax assessment or a fine pursuant to law nor has it )een seiIed on execution or attachment" Its present value is approximately -ine 7undred *housand Pesos %P@00!000"00'" <" Plaintiff is ready! willing and a)le to give )ond in defendant(s name in dou)le the value of the property for the return of the property to defendant should that )e ad=udged or for the payment of such sum that defendant may recover from plaintiff in this action" 7<8 +7E/E.#/E! plaintiff respectfully prays that the writ of replevin issue directing the 0heriff or any other authoriIed officer to ta;e possession of the car and dispose of it in accordance with the /ules of Court and! after hearing! =udgment )e rendered declaring plaintiff to )e lawfully entitled to the possession of the car and sentencing defendant to pay its value" 7=8 AueIon City for ,a;ati CityG 16 $pril 200 " 7>8 %0gd"' ,I*C7 ,C3EE/E Counsel for the Plaintiff K$ddressL !L,S- 7?8 4erification and Certification against .orum 0hopping

?

B. Co$&'aint to %et &eriod o+ (ear% +or 'ea%e
718 /epu)lic of the Philippines -ational Capital 2udicial /egion /E5I#-$L */I$L C#U/* Branch 1>1! Pasig City -$-5 UUP$! Plaintiff! Civil Case -o" 00111 & versus & -$5P$ P$UP$! 3efendant" x &&&&&&&&&&&&&&&&&&&&&& x C#,PL$I-* PL$I-*I..! )y counsel! respectfully states thatD 798 1" Plaintiff and 3efendant are )oth .ilipino citiIens and of legal ageG plaintiff resides at 1&$! CruI 0treet! Pasig City while defendant resides at 2 .risco 0treet! Pasig City! where he may )e served with summons" 7:8 2" #n 1 2anuary 2006! defendant leased to plaintiff the premises at 1&$ CruI 0treet! Pasig City for a monthly rental of #ne *housand Pesos %P1!000"00' to )e paid within the first five %<' days of each month" 6" *here is no fixed period for the lease agreement except that rentals are to )e paid )y the month" 7;8 9" Plaintiff has )een paying the rentals as they fall due each month! without fail" 7owever! on 9 $pril 200>! defendant gave notice to plaintiff that he is terminating the lease agreement )y the end of $ugust 200>" <" Considering that the period of lease has not )een fixed! this 7onora)le Court may fix a longer period of time as the lessee has )een occupying the place for a period of three %6' years" $ period of two %2' years is reasona)le considering that the lessee has no place to transfer to immediately and that he has introduced su)stantial improvements to the premises amounting to .ifty *housand Pesos %P<0!000"00'" 7<8 +7E/E.#/E! it is respectfully prayed that this 7onora)le Court fix a period of years for the lease )etween plaintiff and defendant" 7=8 AueIon City for Pasig CityG 16 $pril 200 " 7>8 %0gd"' $**ICU0 .I-C7 Counsel for Plaintiff K$ddressL !L,S- 7?8 4erification and Certification against .orum 0hopping

@

&. An%wer with a++ir$ati2e de+en%e and counterc'ai$
1. An%wer with co$&u'%or( counterc'ai$ 718 /egional *rial Court -ational Capital 2udicial /egion ,E*/#P#LI*$- */I$L C#U/* Branch 66! AueIon City $LI0 3I&F$- C#,P$-F! Plaintiff! & versus & F#:# -5$! 3efendant" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x $-0+E/ %+ith C#U-*E/CL$I,' 3E.E-3$-*! )y counsel! respectfully states thatD $dmissionsB3enials 798 1" 7e admits the contents of paragraph 1 only insofar as his personal circumstances )ut specifically denies the contents insofar as plaintiff(s personal circumstances for the reason stated in the $ffirmative 3efenses )elow" 2" 7e admits the contents of paragraph 2 only where it states that a Contract of Lease was entered into )ut specifically denies that the Contract reflects the true intent of the parties as explained in the $ffirmative 3efenses )elow" 6" 7e admits the contents of paragraph 6 only as to the fact that demand to vacate was made )ut specifically denies its contents as to the truth of the reasons for the letter for lac; of ;nowledge sufficient to form a reasona)le )elief as to its truth or falseness"" 9" 7e specifically denies the contents of paragraphs 9 to > for the reasons stated in the $ffirmative 3efenses )elow" $ffirmative 3efenses 7;8 <" 3efendant reiterates! repleads and incorporates )y reference all the foregoing insofar as they are material and additionally su)mit that the Complaint should )e dismissed )ecauseD <"1" Plaintiff has no capacity to sue as it is a foreign corporation doing )usiness in the Philippines without a license" <"2" *he Complaint fails to state a cause of action as the Contract of Lease %$--EJ $' was! )efore its expiration! superceded )y a 3eed of $)solute 0ale where)y plaintiff sold to defendant the parcel of land in 8uestion! a copy of which is attached as $--EJ 1" Counterclaim 7<8 >" 3efendant reiterates! repleads and incorporates )y reference all the foregoing insofar as they are material and additionally su)mit that he is entitled to relief arising from the filing of this malicious and )aseless suit! as followsD >"1" ,oral 3amages amounting to #ne ,illion Pesos %P7P1!000!000B00' )ecause his name and reputation were )esmirched )y this malicious and )aseless suit" >"2" $ttorney(s .ees amounting to #ne 7undred *housand Pesos %P100!000"00' )ecause he was compelled to secure services of counsel to vindicate his legal rights" 7=8 +7E/E.#/E! 3efendant respectfully prays that =udgment )e rendered in his favor )y dismissing the Complaint and granting defendant(s counterclaim )y awarding defendantD %a' #ne ,illion Pesos as ,oral 3amages! and %)' .ifty *housand as $ttorney(s .ees" #ther =ust and e8uita)le reliefs are prayed for" 7>8 AueIon CityG 16 $pril 200 " 7?8 %0gd"' ,I*C7 ,C3EE/E Civil Case -o" 2222 .or D E=ectment

10

Counsel for 3efendant K$ddressL 7@ A 1B8 4E/I.IC$*I#- H CE/*I.IC$*I#- $5$I-0* .#/U, 07#PPI-5 I! F#:# -5$! of legal age! do here)y state thatD I am the defendant in the case filed )y $lis 3i& yan Company for e=ectmentG in response! I have caused the preparation of this $nswer with CounterclaimG I have read its contents and affirm that they are true and correct to the )est of my own personal ;nowledgeG I specifically deny the genuineness and due execution as well as the binding effect of the actionable documents pleaded by plaintiiffC I here)y certify that there is no other case commenced or pending )efore 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 %<' days from my notice" I- +I*-E00 +7E/E#.! I have signed this instrument on 16 $pril 200 " %0gd"' F#:# -5$ !L,S1" 2urat %I. any document is denied' 2" 7118 Proof of 0ervice %personal service or service )y registered mail'

11

2. An%wer with counterc'ai$ and cro%%Dc'ai$
See .orm -o" B&1! supra! )ut add&& 7<8 Crossclaim " 3efendant reiterates! repleads and incorporates )y reference all the foregoing insofar as they are material and additionally su)mit that he is entitled to indemnity andBor contri)ution from co&defendant ,$-55$ 5$-*0# in the event that he is made lia)le to plaintiff )ecause co&defendant ,$-55$ 5$-*0# acted as the duly authoriIed agent of plaintiff in the sale of the property and! acting as such! received consideration! in the form of the purchase price! from defendant" 7=8 +7E/E.#/E! 3efendant respectfully prays that =udgment )e rendered in his favor )y 1" dismissing the Complaint! and 2" granting defendant(s counterclaim )y awarding defendant a" #ne ,illion Pesos %Php"1!000!000' as ,oral 3amages! and )" .ifty *housand Pesos %Php"<0!000' as $ttorney(s .ees" 6" In the event that defendant is made liable to plaintiff on the %omplaint, he further prays that co1defendant 2(.33( 3(.T4 be made liable to indemnify defendant in the same amount under the %rossclaim" 7>8 AueIon CityG EEEEEEEEEEEEEEEEEE" 7?8 %0gd"' ,I*C7 ,C3EE/E Counsel for 3efendant K$ddressL !L,S1" 7@ A 1B8 4erification and Certification against .orum 0hopping 2" 2urat %I. document is denied' 6" 7118 Proof of 0ervice %personal service or service )y registered mail'

12

E. !reDtria' Brie+
/epu)lic of the Philippines -ational Capital 2udicial /egion /E5I#-$L */I$L C#U/* Branch @0! AueIon City L$:I0$ L$F$+! Plaintiff! Civil Case -o" @ &61612 & versus & L$:I0$ 7I/$P! 3efendant" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x P/E&*/I$L B/IE. 3E.E-3$-*! )y counsel! respectfully su)mits her Pre&*rial Brief! as followsD I" +ILLI-5-E00 *# E-*E/ I-*# $- $,IC$BLE 0E**LE,E-* $-3 P#00IBLE *E/,0 #. $-F 0UC7 0E**LE,E-* 1"1" 0u)=ect to a concrete proposal that is fair and reasona)le and a reciprocal manifestation of openness from plaintiff! defendant is open to the possi)ility of amica)ly settling this dispute" 71 A 98 1"2" Pursuant to Ru'e 1? o+ the 1@@> Ru'e% o+ Ci2i' !rocedure ! defendant respectfully su)mits that the desired terms of any amica)le settlement would involve! first! a clarification of the actual extent of any o)ligation due and owing to plaintiff inasmuch as there is nothing to indicate defendant(s o)ligations to plaintiff and! second! a schedule of payments" II" B/IE. 0*$*E,E-* #. CL$I,0 $-3 3E.E-0E0 2"1" Plaintiff see;s principally to recover the amount of *wenty *wo ,illion Eight 7undred Eighteen *housand -ine 7undred .orty Eight Pesos and *hirty Centavos %P7P22!?1?!@9?"60' with interest at twelve percent %12N' arising allegedly from unpaid orders delivered to defendant variously in 1@?@" 2"2" 3efendant resists plaintiff(s claims )ased on a failure to state a cause of action )ecause of D 2"2"1" Plaintiff(s lac; of personality to sue and! therefore! not )eing the real party in interest under Ru'e : %ection 9 o+ the 1@@> Ru'e% o+ Ci2i' !rocedure G 2"2"2" .urniture" Extinguishment of the alleged claim made )y the entity /egency

2"6" 3efendant also interposed a compulsory counterclaim for *wo ,illion Pesos %P7P2!000!000"00' for moral damages and *wo ,illion Pesos %P7P2!000!000"00' for exemplary damages and #ne 7undred *housand Pesos %P7P100!000"00' as attorney(s fees" III" .$C*0 $-3 #*7E/ ,$**E/0 $3,I**E3 BF *7E P$/*IE0 7:8 6"1" 3efendant admits only those facts stated in her $nswer! i"e"! her personal circumstances! receipt of the demand letter dated 2anuary <! 1@@ and her reply to the demand letter" 6"2" 0u)=ect 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" I4" I00UE0 *# BE */IE3 7;8 9"1" 3efendant su)mits that the following issues put forward )y plaintiff are su)=ect to proofD 9"1"1" Plaintiff(s personality to see; legal reliefG 9"1"2" Plaintiff(s entitlement to the amount claimedG 9"2" 3efendant su)mits that the following issues she put forward are su)=ect to proofD 9"2"1" Plaintiff(s )ad faith in filing this suitG 9"2"2" 3efendant(s entitlement to the claims made in her Compulsory Counterclaim as a result of plaintiff(s )ad faithG 4" E4I3E-CE

16

7=8 <"1" 3efendant intends to present the following witnessesD <"1"1" 3efendant herself! who will testify on the true circumstances leading to the filing of this suit against herG <"1"2" $n employee of *opless Enterprises with personal ;nowledge as to the true circumstances )ehind the alleged o)ligations due and owing in favor of plaintiff" 7<8 <"2" 3efendant reserves the right to present any and all documentary evidence which shall )ecome relevant to re)ut plaintiff(s claims in the course of trial as well as any other witnesses whose testimony will )ecome relevant to )elie plaintiff(s witnesses! if necessary" 4I" /E0#/* *# 3I0C#4E/F 7>8 >"1" Considering the relatively simple issues presented! defendant does not intend to avail of discovery at this time" >"2" 0u)=ect! however! to a concrete and reasona)le re8uest for discovery from plaintiff! defendant reserves the right to resort to discovery )efore trial" /E0PEC*.ULLF 0UB,I**E3" AueIon CityG 16 $pril 200 " %0gd"' ,I*C7 ,C3EE/E Counsel for 3efendant K$ddressL Copy furnishedD $tty" ,$ B#L$ Counsel for Plaintiff

19

D. #otion% 1. #otion to di%$i%% (with re1ue%t +or and notice o+ hearin.)
/epu)lic of the Philippines -ational Capital 2udicial /egion ,E*/#P#LI*$- */I$L C#U/* Branch 6@! AueIon City L$:I $00E* C#,P$-F! Plaintiff! & versus & 3$,I U*$-5 C#/P#/$*I#-! 3efendant" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x ,#*I#- *# 3I0,I00 3E.E-3$-*! )y counsel! respectfully moves to dismiss the Complaint on the ground that the Complaint fails to state a cause of action as 718 *7E #BLI5$*I#- 0#U57* *# BE E-.#/CE3 BF PL$I-*I.. I0 -#* FE* 3UE $-3 3E,$-3$BLE! as shown )y the followingD 798 1" $llegedly! plaintiff has failed to reach the 8uotas agreed upon under the ,ar;eting $greement dated 1 2anuary 200>G defendant now see;s to collect the sum of *+# 7U-3/E3 *7#U0$-3 PE0#0 %P200!000"00'! representing the )alance of the proceeds due plaintiff under the said ,ar;eting $greement" 2" *he contract is for one %1' year and defendant is given that same period to reach the 8uota specified thereinG the period of one %1' year has not expired" Conse8uently! plaintiff(s claim is premature as there is yet no )reach of the ,ar;eting $greement until the period expires and the 8uota is not attained" .or this reason! plaintiff(s Complaint states no cause of action and must )e dismissed" 7:8 +7E/E.#/E! defendant respectfully prays that the Complaint )e 3I0,I00E3 for failure to state a cause of action" #ther =ust and e8uita)le reliefs are also prayed for" AueIon CityG 16 $pril 200 " %0gd"' ,I*C7 ,C3EE/E Counsel for 3efendant K$ddressL 7;8 /EAUE0* .#/ H -#*ICE #. 7E$/I-5 *7E B/$-C7 CLE/: #. C#U/* ,etropolitan *rial Court Branch 6@! AueIon City Please su)mit the foregoing ,otion to the Court for its consideration and approval immediately upon receipt hereof and ;indly include the same in the court(s calendar for hearing on .riday! 2 $pril 200 at ?D60 in the morning" $**ICU0 .I-C7 1 ,oc;ingBird 0treet *imog $venue! AueIon City Please ta;e notice that counsel has re8uested to )e heard on .riday! 2 $pril 200 at ?D60 in the morning" %0gd"' ,I*C7 ,C3EE/E Counsel for 3efendant 2 *he .irm Laguna 0treet! AueIon City !L,S- 7<8 Proof of 0ervice Civil Case -o" 6666 .orD 0um of ,oney

1<

2. #otion +or 'ea2e o+ court to +i'e &'eadin. (with e3&'anation +or %er2ice "( re.i%tered
$ai') /epu)lic of the Philippines 0UP/E,E C#U/* ,anila L$:I U*$-5! Petitioner! 5"/" -o" EEEEEEEE & versus & 3$,I LUP$! /espondent" x &&&&&&&&&&&&&&&&&&&&&&&&& x ,#*I#- .#/ LE$4E #. C#U/* *# .ILE /EPLF +I*7 ,#*I#- *# $3,I* $**$C7E3 /EPLF PE*I*I#-E/! )y counsel! respectfully states thatD 718 1" Petitioner received a copy of respondent(s Comment to his petition on 6 2anuary 200>" *he Comment contains several allegations of fact and misinterpretations of the record that may mislead the court and need to )e corrected" .or this reason! petitioner intends to file a /eply" 798 2" Under existing rules! a /eply can no longer )e filed as a matter of course" Conse8uently! petitioner see;s leave of this Court to file the said /eply! a copy of which! pursuant to the 1@@ /ules on Civil Procedure! is attached to this motion" 7:8 +7E/E.#/E! petitioner respectfully prays that he )e granted leave of court to file a /eply and for the Court to admit the attached /eply" AueIon City for ,anilaG < 2anuary 200 " %0gd"' $**ICU0 .I-C7 Counsel for the Petitioner K$ddressL !L,S1" 7;8 /e8uest for and -otice of 7earing

2. 7<8 Explanation for service )y registered mail

1>

:. #otion +or jud.$ent on the &'eadin.%
/epu)lic of the Philippines -ational Capital 2udicial /egion /E5I#-$L */I$L C#U/* Branch 6@! AueIon City L$:I0$ L$F$+! Plaintiff! & versus & L$:I0$ 7I/$P! 3efendant" x &&&&&&&&&&&&&&&&&&&&&&&&& x ,#*I#- .#/ 2U35,E-* #- *7E PLE$3I-50 Plaintiiff! )y counsel! respectfully states thatD 1" #n > 2uly 200<! plaintiff sued defendant for a sum of money in the amount of -ine 7undred *housand Pesos %P@00!000"00'" 71 A 98 2" In his $nswer! defendant admitted the o)ligation and merely stated that he was as;ing to )e given an extension of time to pay his o)ligation )ut that plaintiff instead filed this Complaint" *he $nswer admits the material allegations of the Complaint and has not tendered any issueG conse8uently! a =udgment on the pleadings may )e rendered" 7:8 +7E/E.#/E! plaintiff respectfully prays a =udgment on the pleadings )e rendered in his favor" AueIon CityG 16 $pril 200 " %0gd"' $**ICU0 .I-C7 Counsel for the Plaintiff K$ddressL !L,SCivil Case -o" @ &61612 .orD 0um of ,oney

1. 7;8 /e8uest for and -otice of 7earing
2" 7<8 Proof of 0ervice

1

B. E3 &arte $otion to %et +or &reDtria'
/epu)lic of the Philippines -ational Capital 2udicial /egion /E5I#-$L */I$L C#U/* Branch 6@! AueIon City L$:I0$ L$F$+! Plaintiff! Civil Case -o" @ &61612 & versus & L$:I0$ 7I/$P! 3efendant" x &&&&&&&&&&&&&&&&&&&&&&&&& x EJ P$/*E ,#*I#- *# 0E* C$0E .#/ P/E&*/I$L PL$I-*I..! )y counsel! respectfully states thatD 718 1" #n 1 2une 200>! defendant su)mitted her $nswer to the Complaint! there)y causing the issues to )e =oined" 798 2" *his case is! thus! ripe for pre&trial" Complying with /ule 1?! 0ection 1 of the 1@@ /ules on Civil Procedure! plaintiff respectfully as;s that this case )e set for pre&trial" 7:8 +7E/E.#/E! plaintiff respectfully prays that this case )e set for pre&trial on a date convenient to this 7onora)le Court" AueIon CityG 16 $pril 200 " %0gd"' $**ICU0 .I-C7 Counsel for the Plaintiff K$ddressL 7;8 /EAUE0* $-3 -#*ICE *7E B/$-C7 CLE/: #. C#U/* /egional *rial Court Branch 6@! AueIon City Please su)mit the foregoing to the Court for its approval immediately upon receipt hereof" Copy furnishedD ,I*C7 ,C3EE/E! E0A" 2 *he .irm Laguna 0treet! AueIon City Please ta;e notice that counsel has re8uested for the approval of the foregoing motion immediately upon receipt" %0gd"' $**ICU0 .I-C7 Counsel for the Plaintiff !L,S- 7<8 Proof of 0ervice

1?

?. #otion +or &o%t&one$ent
/epu)lic of the Philippines -ational Capital 2udicial /egion /E5I#-$L */I$L C#U/* Branch 6@! AueIon City 3IL$ *#/F! Plaintiff! Civil Case -o" 00?? & versus & P$0E- 0F#0#! 3efendant" x &&&&&&&&&&&&&&&&&&&&&&&&& x ,#*I#- .#/ P#0*P#-E,E-* PL$I-*I..! )y counsel! respectfully states thatD 1" *his case is set for trial on < ,ay 200 at ?D60 in the morning"
718 2" #n said date and time! the undersigned counsel will )e una)le to appear )efore this 7onora)le Court as he has also )een directed to appear on this date and time )efore the /egional *rial Court of ,a;ati City! Branch 16@ for OPeople of the Philippines v" Bil ,o;oP! Criminal Case -o" 00@@??! where he is scheduled to terminate cross&examination of the prosecution(s expert witness who will )e availa)le only on said date and time"

798 6" +ithout impugning the importance of these proceedings! plaintiff respectfully su)mits that his attendance in the ,a;ati case )ecomes indispensa)leG otherwise! the accused in said case would )e deprived of the opportunity to confront and cross&examine a vital witness against her" 9" *his motion is prompted only )y the foregoing reason and not for delay" 7:8 +7E/E.#/E! plaintiff respectfully prays that the trial scheduled on < ,ay 200 P#0*P#-E3 to another date convenient to this 7onora)le Court" AueIon CityG 16 $pril 200 " %0gd"' ,I*C7 ,C3EE/E Counsel for the Plaintiff K$ddressL !L,S)e

1. 7;8 /e8uest for and -otice of 7earing
2" 7<8 Proof of 0ervice

1@

@. #otion +or e3ten%ion o+ ti$e
/epu)lic of the Philippines -ational Capital 2udicial /egion /E5I#-$L */I$L C#U/* Branch 6@! AueIon City 3IL$ *#/F! Plaintiff! Civil Case -o" 00?? & versus & P$0E- 0F#0#! 3efendant" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x ,#*I#- .#/ EJ*E-0I#- #. *I,E PL$I-*I..! )y counsel! respectfully states thatD 1" 7e has )een directed to file a /eply to defendant(s $nswer )y 10 ,ay 200 " 71 A 98 2" *he undersigned counsel! however! anticipates his ina)ility to file the /eply on or )efore the said due date )ecause of the tremendous pressure of other e8ually urgent professional wor; re8uiring the preparation of pleadings and almost daily trial appearances )efore the various courts within and outside ,etro ,anila" .or this reason! the undersigned is constrained to as; for an additional fifteen %1<' days from 10 ,ay 200 ! or until 2< ,ay 200 ! within which to su)mit plaintiff(s /eply" 6" *his motion is not intended for delay )ut is motivated only )y the foregoing reason" 7:8 +7E/E.#/E! plaintiff respectfully prays that he )e granted an additional fifteen %1<' days from 10 ,ay 200 ! or until 2< ,ay 200 ! within which to su)mit plaintiff(s /eply" AueIon CityG 16 $pril 200 " %0gd"' ,I*C7 ,C3EE/E Counsel for Plaintiff K$ddressL !L,S1" 7;8 /e8uest for and -otice of 7earing 2" 7<8 Proof of 0ervice

20

7. #otion to dec'are de+endant in de+au't
/epu)lic of the Philippines -ational Capital 2udicial /egion /E5I#-$L */I$L C#U/* Branch 6@! AueIon City $-$:I- 0:F+$L:E/! Plaintiff! Civil Case -o" 000@0@ & versus & P$3,E $,I3$L$! 3efendant" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x ,#*I#- *# 3ECL$/E 3E.E-3$-* I- 3E.$UL* PL$I-*I..! )y counsel! respectfully states thatD 1" Plaintiff filed this Complaint against defendant on 1 ,arch 200 G summons were served on defendant on 20 ,arch 200 ! as indicated )y the 0heriff(s /eturn of even date! a copy of which is attached as $--EJ $" 71 A 98 2" 3efendant(s reglementary period to file $nswer ended on < $pril 200 G no motion for extension of such period was filed nor was any granted motu proprio )y this 7onora)le Court" 3espite the lapse of time! defendant has failed to answer the Complaint against herG plaintiff is entitled to a declaration of default and the right to present evidence ex parte against defendant" 7:8 +7E/E.#/E! plaintiff respectfully prays that defendant )e declared in default and that plaintiff )e allowed to present evidence ex parte )efore the Cler; of Court acting as Commissioner" AueIon CityG $pril 200 " %0gd"' 3$/*7 0I3I#U0 Counsel for Plaintiff K$ddressL !L,S-

1. 7;8 /e8uest for and -otice of 7earing
2" 7<8 Proof of 0ervice

21

!. #otion to 'i+t order o+ de+au't
/epu)lic of the Philippines -ational Capital 2udicial /egion /E5I#-$L */I$L C#U/* Branch 6@! AueIon City $-$:I- 0:F+$L:E/! Plaintiff! Civil Case -o" 000@0@ & versus & P$3,E $,I3$L$! 3efendant" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x ,#*I#- *# LI.* #/3E/ #. 3E.$UL* 3E.E-3$-*! )y counsel! respectfully states thatD 1" .ive %<' days after service of summons and receipt of Complaint! she filed a ,otion to 3ismiss on the ground that plaintiff(s claim is outside the =urisdictional amount of this 7onora)le Court under the new Expanded 2urisdiction $ct and that the Complaint should properly )e filed and tried )efore the ,etropolitan *rial Court" *he ,otion to 3ismiss! which was received )y plaintiff(s counsel on 2< ,arch 200 ! was set for hearing on 10 $pril 200 ! as indicated on the O/e8uest for and -otice of 7earingP" 2" +ithout waiting for the hearing on the ,otion to 3ismiss! this 7onora)le Court declared defendant in default on $pril 200 )ased solely on plaintiff(s ,otion! filed two %2' days after the supposed lapse of the reglementary period! which! however! was tolled )y the filing of a ,otion to 3ismiss" 71 A 98 6" Under the circumstances! the order of default is premature and without legal and factual )asis asD %a' defendant has not failed to file an $nswer within the reglementary period! %)' the reglementary period has not lapsed )ecause of the filing of the ,otion to 3ismiss within the period! and %c' the pendency of the ,otion to 3ismiss is pre=udicial to the issue of defendant(s default" Conse8uently! the order of default should )e lifted" 7:8 +7E/E.#/E! defendant respectfully prays that the #rder of 3efault against her )e LI.*E3 and that this 7onora)le Court resolve her ,otion to 3ismiss" AueIon CityG ? $pril 200 " %0gd"' #BI +$- :E-#BI Counsel for 3efendant K$ddressL !L,S1" 7;8 /e8uest for and -otice of 7earing 2" 7<8 Proof of 0ervice

22

E. S&ecia' Ci2i' Action% 1. Certiorari (with Injunction and/or TRO) !rohi"ition and #anda$u% a. Certiorari %Caption and *itle' PE*I*I#PE*I*I#-E/! )y counsel! respectfully states thatD 798 1" %4tate capacity of petitioner and respondent!s, citi5enship, status and residence "' 2" %4tate the date on which copy of #ecision was received and!or "esolution on 2otion for "econsideration, if filed, denied.' 7:8 6" %4tate briefly the facts and circumstances under which the respondent!s e6ercising 7udicial functions acted without, or in e6cess of, 7urisdiction or with grave abuse of discretion amounting to lac8 or e6cess of 7urisdiction.' 9" %4tate entitlement to In7unction and!or T" , i.e., [a$ 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 in7ury to petitioner. (llege also that petitioner is ready to post a bond in an amount to be fi6ed by the %ourt 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. ' <" *here is no appeal from such decision or any plain or ade8uate speedy remedy in the ordinary course of law! except this petition" >" $ certified true copy %or duplicate original copy' of the 3ecision under review is attached as $--EJ $" 7;8 +7E/E.#/E! it is respectfully prayed that a writ of certiorari )e issued $--ULLI-5 the %act! decision or finding' for )eing in grave a)use of discretionG in the interim! that a preliminary in=unction andBor temporary restraining order issue to E-2#I- any further proceedings )y respondents" AueIon CityG 718 2uly 200 " %0gd"' $**ICU0 .I-C7 Counsel for the Petitioner K$ddressL !L,S- 7<8 Com)ined 4erification! Certification against .orum 0hopping! and 0tatement of ,aterial 3ates Q /ule ><! section >! par" 2 expressly ma;es /ule <>! section 2 applica)le to petitions for certiorari! mandamus and prohi)ition" /ule <>! section 2 provides that /ules 9>! 9?! 9@! <1! <2 and <> apply" /ule 9>! section 6 provides that the &etition $u%t "e acco$&anied not on'( "( a certi+ied true co&( o+ the jud.$ent or order 1ue%tioned "ut a'%o "( E%uch $ateria' &ortion% o+ the record a% are re+erred to therein and other docu$ent% re'e2ant or &ertinent thereto "P

26

b. !rohi"ition
%Caption and *itle' PE*I*I#PE*I*I#-E/! )y counsel! respectfully states thatD 798 1" %4tate capacity of petitioner and respondent!s, citi5enship, status and residence "' 2" %If applica)le! state the date on which copy of #ecision was received and!or "esolution on 2otion for "econsideration, if filed, denied.' 7:8 6" %4tate briefly the facts and circumstances under which the respondent!s whether e6ercising 7udicial or ministerial functions acted without, or in e6cess of, 7urisdiction or with grave abuse of discretion amounting to lac8 or e6cess of 7urisdiction.' 9" %4tate entitlement to In7unction and!or T" , 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 in7ury to petitioner. (llege also that petitioner is ready to post a bond in an amount to be fi6ed by the %ourt 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. ' <" *here is no appeal from such decision or any plain or ade8uate speedy remedy in the ordinary course of law! except this petition" >" $ certified true copy %or duplicate original copy' of the 3ecision under review is attached as $--EJ $" 7;8 +7E/E.#/E! it is respectfully prayed that an in=unction or */# )e issued directing respondentBs to desist and refrain from further proceedings in the premises! and that after due notice and hearing! a writ of prohi)ition issue directing respondentBs to desist a)solute and perpetually from further proceedings %in the said action or matter'" AueIon CityG 718 2uly 200 " %0gd"' $**ICU0 .I-C7 Counsel for the Petitioner K$ddressL !L,S- 7<8 Com)ined 4erification! Certification against .orum 0hopping! and 0tatement of ,aterial 3ates

29

). #anda$u%
%Caption and title' PE*I*I#PE*I*I#-E/! )y counsel! respectfully states thatD 798 1" 94tate the capacity of petitioner and respondent!s and their addresses. ' 7:8 2" %4tate the facts and circumstances whereby respondent!s unlawfully neglected the performance of an act which the law specifically en7oins as a duty resulting from an office, trust or station, or unlawfully e6cluded the petitioner from the en7oyment of a right or office to which the petitioner is entitled"' 6" Petitioner has no appeal from such decision or any plain or ade8uate speedy remedy in the ordinary course of law! except this petition" 7;8 +7E/E.#/E! it is respectfully prayed that! after due notice and hearing! a writ of mandamus issue commanding respondentBs forthwith toD %state the act re:uired to be done'! with costs against them" AueIon CityG 718 2uly 200 " %0gd"' $**ICU0 .I-C7 Counsel for the Petitioner K$ddressL !L,S- 7<8 Com)ined 4erification! Certification against .orum 0hopping! and 0tatement of ,aterial 3ates

2<

9. Fuo warranto Inter&'eader Fuietin. o+ Tit'e and 0ec'arator( Re'ie+ %. Co$&'aint in Inter&'eader -$LI LI*#! Plaintiff! 0C$ -o" EEEEEEEEEEEE & versus & U,$ $5$+ and I-$ $5$+$-! 3efendants" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x C#,PL$I-* PL$I-*I..! )y counsel! respectfully states thatD 718 1" Plaintiff and defendants are all of legal ageG plaintiff resides at EEEEEEEEEEEEEEEE while defendants reside at EEEEEEEEEEEEEEE and EEEEEEEEEEEEEEE! respectively! where they may )e served with pertinent notices" 798 2" #n 1 2une 200 ! plaintiff found a 5old /olex #yster watch! without ;nowing who its true owner is" *he watch is now in plaintiff(s possession" #n or a)out < 2une 1@@@! defendants made similar representations to plaintiff as to ownership of the watch" 6" Plaintiff! who claims no interest in the watch! cannot determine the conflicting claims of defendants and thus see;s to compel defendants to interplead and litigate their several claims )etween themselves" 7:8 +7E/E.#/E! it is respectfully prayed that this 7onora)le 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 safe;eeping and the costs of this suit! as first lien upon the sub7ect matter of this action" 7;8 AueIon CityG 2uly 200 "
7<8 %0gd"' $**ICU0 .I-C7

Counsel for Plaintiff K$ddressL !L,S- 7=8 4erification and Certification against .orum 0hopping

2>

b. Action to Fuiet (or Re$o2e C'oud on) Tit'e
I- /ED AUIE*I-5 #. *I*LE #4E/ *7E P/#PE/*F C#4E/E3 BF *C* -#" 1269< 0C$ -o" 16< -$LI LI*#! as 0pecial $dministrator of the Estate of the deceased 3$,I LUP$! Petitioner! U,$ $5$+! /espondent" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x PE*I*I#PE*I*I#-E/! )y counsel! respectfully states thatD 718 1" 7e is the special administrator of the estate of the deceased 3$,I LUP$" 798 2" *he deceased! during his lifetime! executed a 3eed of 0ale of real estate in favor of the respondent dated EEEEEEEEEEEEE! and particularly descri)ed! as followsD %3escri)e property' covered )y *C* -o" 1269< in the /egister of 3eeds of ,a;ati" *he same is annotated on the title as the only encum)rance thereon" 6" *he sale is fictitious and the 3eed of 0ale is forged! as shown )y a =udgment in Civil Case -o" 29>?! a copy of which is attached" 9" *he existence of the alleged 3eed of 0ale is pre=udicial and in=urious to the title of the lawful heirs of the deceased upon the said property" E8uity demands that the said 3eed of 0ale )e surrendered and cancelled! as it is a cloud upon the title of the deceased and his lawful heirs" 7:8 +7E/E.#/E! petitioner respectfully prays that this 7onora)le Court render =udgment in the Estate(s favor )y ordering the 3eed of 0ale surrendered and cancelled and the cloud on *itle -o" 1269< removed" 7;8 AueIon CityG 2uly 200 " 7<8 %0gd"' ,I*C7 ,C3EE/E Counsel for Petitioner K$ddressL !L,S- 7=8 4erification and Certification against .orum 0hopping

2

). Action +or 0ec'arator( Re'ie+
I-$ $PI! Plaintiff! & versus & *7E CI*F C#U-CIL #. AUER#- CI*F! 3efendant" x &&&&&&&&&&&&&&&&&&&&&&&&&&& x C#,PL$I-* PL$I-*I..! )y counsel! respectfully states thatD 718 1" Plaintiff is a .ilipino citiIen of legal age and resident of AueIon CityG defendant is the City Council of AueIon City! the duly&constituted legislative )ody for AueIon City! its mem)ers may )e served with notices at AueIon City 7all" 798 2" #n 1 $ugust 1@@@! defendant City Council passed #rdinance -o" 269< ma;ing it unlawful to operate cellular phone units while inside a moving vehicle and penaliIing any violations with a fine of P1!000"00 for each offense in addition to impounding of the cellular phone unit" *he relevant portions of the #rdinance are! as followsD %Auote the relevant portions' 6" *he a)ove&8uoted portion is am)iguous )ecause it leaves unfettered discretion to the authorities to stop even urgent and important calls which may )e made only while the person is in transit" It fails to consider that! due to the worsening traffic conditions in ,etro ,anila! ma=ority of )usiness is conducted in transit and over cellular phones" Plaintiff is a lawyer who fre8uently has to dictate important pleadings over the phone while in transit due to the worsening traffic condition" *he #rdinance appears to )ar his doing so )ut plaintiff is unaware of the limits of permissi)le action under the #rdinance" 9" Unless declaratory relief is granted! plaintiff will suffer grave and irrepara)le in=ury )ecause 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" 7:8 +7E/E.#/E! plaintiff respectfully prays that this 7onora)le Court grant declaratory relief and declare plaintiff(s rights and duties under the #rdinance" 7;8 AueIon CityG 2uly 200 " 7<8 %0gd"' $**ICU0 .I-C7 Counsel for Plaintiff K$ddressL !L,S- 7=8 4erification and Certification against .orum 0hopping Civil Case -o" 29>?

2?

d. Fuo Garranto
%Caption and title' C#,PL$I-* PL$I-*I..! )y counsel! respectfully states thatD 718 1" %4tate the capacity and address of both plaintiff and defendant. ' 798 2" %4tate 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. ' 6" %4tate that plaintiff has demanded that defendant vacate said office and deliver it to plaintiff but that defendant has unlawfully refused to do so.; 7:8 +7E/E.#/E! plaintiff respectfully prays that a writ of 8uo warranto issue ousting and excluding defendant from occupying the office of EEEEEEEEEEEE and declare that plaintiff is entitled to the said office and that he )e placed forthwith in possession thereof" 7;8 AueIon CityG 2uly 200 " 7<8 %0gd"' $**ICU0 .I-C7 Counsel for the Plaintiff K$ddressL !L,S- 7=8 4erification and Certification against .orum 0hopping

2@

III.

!LEA0IN/S AN0 OT6ER LE/AL FOR#S IN CRI#INAL !ROCE0,RE (. Co$&'aintDA++ida2it and CounterDA++ida2it 1. Co$&'aintDA++ida2it ' ' s"s" CO#!LAINTDAFFI0A*IT

/epu)lic of the Philippines City of ,a;ati

718 I! #A SELAN ! of legal age! .ilipino! with assistance of counsel, and 798 resident of 9 Privet 3rive! *riple J 4illage! ,a;ati! do here)y state under oath thatD 1" I am a mem)er of the *riple J 4illage 7omeowner(s $ssociation %O$ssociationP' and was formerly a 3irector and Corporate 0ecretary of the $ssociation" 7:8 2" I accuse and here)y charge #R. #A IN/AH ! residing at < Privet 3rive! *riple J 4illage! ,a;ati! of violating $rticle 6<? of the /evised Penal Code %0lander and #ral 3efamation'! committed against me when he pu)licly! maliciously and deli)erately uttered defamatory remar;s against me during the Board ,eeting of the $ssociation on 2 2anuary 200 " *his is attested to )y the following exchange that transpired )etween ,r" Ingay and the other mem)ers of the Board in attendanceD %Auote Exchange' $ttached as ANNEI A is a copy of the official transcript of the meeting" 6" Prior resort to the Barangay conciliation system proved fruitless as ,r" Ingay did not retract his remar;s" Conse8uently! a OCertification to .ile $ctionP was issued )y the Barangay Chairperson! a copy of which is attached as ANNEI B" 9" *here is no other person named O,a 0elanP residing at *riple J 4illage nor is there any other person named O,a 0elanP who has acted as Board ,em)er of the $ssociation" Conse8uently! ,r" Ingay(s pu)lic and defamatory utterance was clearly a reference to me and to no other" <" ,r" ,a Ingay(s remar;s! calling me a swindler twice over! uttered in a pu)lic meeting are clearly insulting and defamatory as they malign me and attri)ute to me a criminal act! nature and predisposition" *here is! moreover! no dou)t that ,r" Ingay(s use of the word OswindledP was deli)erate as his explanation and clarification a few utterances thereafter would show" ,r" Ingay(s remar;s are also very serious as they cast aspersions on my reputation! character and very person )efore my peers and fellow homeowners" >" ,r" Ingay(s remar;s have in=ured my name! reputation and character )efore my neigh)ors and peers" +hile my name! reputation and character are incapa)le of pecuniary estimation as these are the result of a lifetime(s effort to )uild a name! reputation and character that my children and their children can )e proud to )ear! ,r" Ingay cannot )e allowed to simply go scot&free without )earing the conse8uences of his acts" .or this reason! I a$ a'%o ho'din. #r. #a In.a( 'ia"'e ci2i''( +or de+a$in. $e in the a$ount o+ One #i''ion !e%o% (!1 BBB BBB.BB) in no$ina' da$a.e% Fi2e 6undred Thou%and !e%o% (!<BB BBB.BB) in $ora' da$a.e% and Fi2e 6undred Thou%and !e%o% (!<BB BBB.BB) in e3e$&'ar( da$a.e%" *# *7E */U*7 #. *7E .#/E5#I-5! I have signed this Complaint&$ffidavit on 16 $pril 200 " 7;8 %0gd"' #A SELAN Complainant&$ffiant 7<8 0UB0C/IBE3 $-3 0+#/- *# BE.#/E ,E this 16th day of $pril 200 " %0gd"' Investigating Prosecutor 7=8 CERTIFICATION I 7E/EBF CE/*I.F *7$* I 7$4E PE/0#-$LLF EJ$,I-E3 *7E $..I$-* $-3 $, 0$*I0.IE3 *7$* 7E 4#LU-*$/ILF EJECU*E3 $-3 U-3E/0*##3 7I0 $..I3$4I*" %0gd"' Investigating Prosecutor

60

2. CounterDA++ida2it
/epu)lic of the Philippines City of ,a;ati ' s"s" ' C#U-*E/&$..I3$4I* /eD I"0" -o" 1>16 718 I! #A LABO of legal age! with assistance of counsel, do here)y state under oath thatD 1" I am the Chief of 0taff of the ,ayor of AueIon City! and have )een occupying said post since his election to the post in 1@@?" In said capacity! I am in charge of coordinating the day&to&day affairs and activities of his #ffice" 798 2" I recently learned that I have )een made a respondent in I"0" -o" 1>16! a charge for estafa! filed )y a certain #A /,LAN/ on 1@ 2anuary 200 )efore the #ffice of the City Prosecutor for AueIon City" 6" *he charge is )ased on a supposedly unpaid account for the purchase of seven % ' -extel phone units )y a ,r" ,$-55$ 5$-*0# of the AueIon City /escue and Environmental 3istress Unit! which made the ,ayor their 7onorary Chairman with no direct functionsG he has )een supporting their activities financially with voluntary contri)utions" 7:8 9" *here is no truth to the allegations in ,$ 5UL$-5(s complaint" *here is no factual nor legal )asis to charge me with estafa" *he Complaint must )e dismissed" *o re)ut and contradict ,$ 5UL$-5(s malicious lies! I set forth the true circumstances leading to the transaction )elowD 9"1" 0ometime last year! ,s" 5ulang called the office of the ,ayor! loo;ing for himG I informed her that he was not around" I too; a message from her saying that she was a friend of the ,ayor and that she was selling -extel units and if we wanted to )uy units from her" I informed her that )oth the ,ayor and I had our units alreadyG she then told me if the ,ayor could refer her to prospective clients" +hen the ,ayor arrived! I relayed the message to him" 9"2" Auite coincidentally! ,r" 5antso had called the ,ayor as;ing if he could assist in securing -extel units" *he ,ayor as;ed me to call ,s" 5ulang" ,r" 5antso and ,s" 5ulang were a)le to meet! as a result" 9"6" #n that day! ,s" 5ulang )rought the units to the ,ayor(s #fficeG she met with ,r" 5antso inside the ,ayor(s office" *hey transacted )usiness inside the ,ayor(s #ffice and only passed )y my office on their way out" 9"9" 0ome time after that! ,s" 5ulang phoned me and told me that ,r" 5antso had not paid her the amount of P11!000"00 for the units" 0omewhat em)arrassed )y this! I called ,r" 5antso and told him to pay ,s" 5ulangG he assured me that he would pay her )ut that he =ust needed to collect money from the rest of the group" 9"<" $fter persistent calls from ,s" 5ulang telling me that ,r" 5antso had not yet paid! I gave her the telephone num)er of 5antso so that she could =ust call him directly" But even then! I would still get calls from ,s" 5ulangG and when she started to get angry over the telephone! I set up an appointment for ,r" 5antso to meet with her at the #ffice" 9">" *hereafter! I would still receive phone calls telling me that ,r" 5antso had yet to payG I would follow up with ,r" 5antso )ut he simply gave me this promise that he would pay" <" It is utterly inexplica)le that ,s" 5ulang would hold me lia)le for estafa when all that I did was to refer ,s" 5ulang to ,r" 5antsoG to a certain extent! I even exerted my )est efforts to see that ,s" 5ulang was paid due simply to my great em)arrassment at the prospect of )eing accused of referring a person who does not ;now how to pay for an o)ligation" >" .or this reason! it is certainly incomprehensi)le that I should stand accused of estafa )y ,s" 5ulang" I &er+or$ed no act o+ deceit or +raud a.ain%t her in orderin. the unit%. I &er+or$ed NO ACT that e2en re$ote'( re%e$"'e% ANH o+ the act% &uni%hed under Artic'e :1< " If at all! any cause of action is PU/ELF CI4IL in nature and that lia)ility does not pertain to my personal account in the a)sence of a showing that I )enefited from the -extel units %which ,s" 5ulang does not even allege and cannot prove'G any civil lia)ility should pertain to the #ffice of the ,ayor! not to me" " Considering the foregoing! I respectfully su)mit that there is no prima facie )asis to conclude that the crime of Estafa or that any crime at all has )een committed" *he Complaint against me should! thus! )e dismissed" *# *7E */U*7 #. *7E .#/E5#I-5! I have signed this 0tatement on 6 .e)ruary 200 "

61

7;8 %0gd"' ,$ L$B# $ffiant !L,S1" 7<8 4erification 2" 7=8 Certification

62

&. In+or$ation and Co$&'aint
1. In+or$ation (with Certi+icate o+ !re'i$inar( In2e%ti.ation or In1ue%t) %. Bi.a$( %Caption' PE#PLE #. *7E P7ILIPPI-E0! Plaintiff! & versus & PI :U*I-! $ccused" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x I-.#/,$*I#*he Undersigned accuses PI :U*I- of the crime of Bigamy! committed as followsD *hat on or a)out 6 2uly 200>! in the City of AueIon and within the =urisdiction of this 7onora)le Court! the said accused! )eing then legally married to BIL ,#:#! and without such marriage having )een legally dissolved and thus valid and existing! did wilfully! unlawfully and felicitously contract a second marriage with $0$ +$ in the City of AueIon" C#-*/$/F *# L$+" ELLI#* -E00 $ssistant City Prosecutor CE/*I.IC$*E #. P/ELI,I-$/F I-4E0*I5$*I#I here)y certify that a preliminary investigation in this case was conducted )y me in accordance with lawG that I examined the Complainant and her witnessesG that there is reasona)le ground to )elieve that the offense charged had )een committed and that the accused is pro)a)ly guilty thereofG that the accused was informed of the Complaint and of the evidence su)mitted against him and was given the opportunity to su)mit controverting evidenceG and that the filing of this Information is with the prior authority and approval of the City Prosecutor" ELLI#* -E00 $ssistant City Prosecutor 0UB0C/IBE3 $-3 0+#/- *# BE.#/E ,E this @th day of $ugust 200> in AueIon City" $L C$P#-E City Prosecutor Bail /ecommendedD P10!000"00 Criminal Case -o" 00<> .orD Bigamy

66

b. The+t
%Caption' PE#PLE #. *7E P7ILIPPI-E0! Plaintiff! & versus & :LEP*# ,$-I$C! $ccused" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x I-.#/,$*I#*he Undersigned accuses :LEP*# ,$-I$C of the crime of *heft! committed as followsD *hat on or a)out 6 2uly 200>! in the City of AueIon and within the =urisdiction of this 7onora)le Court! the said accused! then 11 years old and without any ;nown address! willfully! unlawfully and feloniously! with intent to gain! without force upon things or violence upon persons and without the ;nowledge and consent of ,$ $L$7$0! the owner! too; a gold nec;lace studded with diamonds valued at #ne 7undred *housand Pesos %P100!000"00' to the pre=udice of said owner" C#-*/$/F *# L$+" ELLI#* -E00 $ssistant City Prosecutor CE/*I.IC$*I#- $0 *# C#-3UC* #. I-AUE0* I here)y certify that the accused was lawfully arrested without a warrant and that! upon )eing informed of his rights! refused to waive the provisions of $rticle 12< of the /evised Penal Code and! for this reason! an In8uest was conductedG that )ased on the complaint and the evidence presented )efore me without any countervailing evidence su)mitted )y the accused! despite opportunity to do so! there is reasona)le ground to )elieve that the accused has committed the crime of theft and should! thus! )e held for said crimeG that this Information was with the prior authority of the City Prosecutor" ELLI#* -E00 $ssistant City Prosecutor 0UB0C/IBE3 $-3 0+#/- *# BE.#/E ,E this @th of $ugust 200> in AueIon City" $L C$P#-E City Prosecutor Criminal Case -o" 00<> .orD *heft

69

). Atte$&ted Ra&e
%Caption' PE#PLE #. *7E P7ILIPPI-E0! Plaintiff! & versus & ,$EL 0I$! $ccused" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x I-.#/,$*I#*he undersigned accuses ,$EL 0I$ of attempted rape committed as followsD *hat on or a)out > 2une 200<! in AueIon City! the accused did then and there wilfully! unlawfully and feloniously enter the house of 0E: 0EE! a married woman! and finding that her hus)and was away! with lewd designs and )y means of force and intimidation! commenced directly )y overt acts to commit the crime of attempted rape upon her person! to witD while 0E: 0EE was coo;ing lunch! the accused seiIed her from )ehind! threw her to the floor! raised her s;irt! 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 )rought her neigh)ors to her assistance! causing the accused to flee from the premises without completing all the acts of execution" C#-*/$/F *# L$+ with the aggravating circumstance of dwelling" ELLI#* -E00 $ssistant City Prosecutor !L,S- Certification of Preliminary Investigation or In8uest Criminal Case -o" 00<> .orD $ttempted /ape

6<

d. Fru%trated #urder
%Caption' PE#PLE #. *7E P7ILIPPI-E0! Plaintiff! & versus & ,$,$ ,$*$F! $ccused" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x I-.#/,$*I#*he undersigned accuses ,$,$ ,$*$F of frustrated murder committed as followsD *hat on or a)out 21 $ugust 200>! in AueIon City! the accused did then and there ta;e a loaded "99 Cali)er ,agnum pistol! directly aim the same firearm at the person of 4IC *I,$! an invalid septuagenarian! and! at point )lan; range! with intent to ;ill! discharge the firearm twice against the person of said 4ic *ima! inflicting on said 4ic *ima two %2' wounds on his chest and stomach! which wounds would have )een fatal had not timely medical assistance )een rendered to the said 4ic *ima" C#-*/$/F *# L$+ with the aggravating circumstances of Evident Premeditation! use of firearm and disregard of age" %0gd"' ELLI#* -E00 $ssistant City Prosecutor !L,S- Certification of Preliminary Investigation or In8uest Criminal Case -o" 00<> .orD .rustrated ,urder

6>

C. #otion% 1. #otion to Fua%h In+or$ation 718 /epu)lic of the Philippines -ational Capital 2udicial /egion /E5I#-$L */I$L C#U/* Branch @0! AueIon City PE#PLE #. *7E P7ILIPPI-E0! Plaintiff! & versus & :LEP*# ,$-I$C! $ccused" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x ,#*I#- *# AU$07 798 *7E $CCU0E3! )y counsel! respectfully moves to 8uash the Information for the crime of theft on the followingD 7:8 5/#U-30 1" I* C#-*$I-0 $4E/,E-*0 +7IC7! I. */UE! +#UL3 C#-0*I*U*E $ LE5$L 2U0*I.IC$*I#-G 2" *7I0 C#U/* I0 +I*7#U* 2U/I03IC*I#-" In support! the accused respectfully states thatD $/5U,E-* *he Information alleges that the accused :LEP*# ,$-I$C is eleven %11' years old and without any ;nown address" Under $rticle 12! paragraph 6 of the /evised Penal Code! a person over nine years of age and under fifteen! unless he acted with discernment! is exempt from criminal lia)ility" *here is no allegation that the accused acted with discernment" Even granting said discernment! the accused cannot )e tried )ut instead proceeded against under $rticle ?0 of the /evised 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 )e tried )ut instead shall have the )enefit of a suspension of all proceedings against him" *he duty of the court would )e to commit the minor to the custody or care of a pu)lic or private )enevolent or charita)le institution for the care and education of homeless and delin8uent children or to the custody of the 3epartment of 0ocial +or; and 3evelopment" 7;8 +7E/E.#/E! it is respectfully prayed that the Information against the accused )e AU$07E3 and that the accused )e released immediately from detention" 7<8 AueIon CityG 2uly 200 " 7=8 %0gd"' ,I*C7 ,C3EE/E Counsel for the $ccused K$ddressL !L,S1" 7>8 /e8uest for and -otice of 7earing 2" 7?8 Proof of 0ervice Criminal Case -o" 00<> .orD *heft

6

2. #otion to Fua%h Search Garrant
718 %Caption' PE#PLE #. *7E P7ILIPPI-E0! Plaintiff! & versus & 4I5 C7$-! $ccused" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x ,#*I#- *# AU$07 0E$/C7 +$//$-* *he $CCU0E3! )y counsel! respectfully moves for the 8uashal of 0earch +arrant -o" 1122 issued )y this 7onora)le Court on and dated 12 2uly 200> )ased on the following considerationsD 798 1" /ule 12>! 0ec" 10 or the /evised /ules of Court provides expressly that a search warrant shall )e valid for ten %10' days from its date and that thereafter! it shall )e void" 2" 0earch +arrant -o" 1122 is dated 12 2uly 200>" It was served on the accused on 26 2uly 200>! the 11th day from its dateG this is certified to )y the 0worn Inventory and /eturn executed )y ,a=or $lang $lam! the leader of the searching team %a copy of which is already part of the records'" $ search was made on the same day! 26 2uly 200>G pursuant to said search! certain o)=ects were seiIed and delivered to the court" Under the law! the 0earch +arrant is void and must! thus! )e 8uashed" 7:8 +7E/E.#/E! it is respectfully prayed that 0earch +arrant -o" 1122 )e AU$07E3 and all o)=ects seiIed under its purported authority )e declared I-$3,I00IBLE under the exclusionary rule in $rticle III! 0ection 6%2' in relation to section 2 of the 1@? Constitution" 7;8 AueIon CityG 2< 2uly 200>" 7<8 %0gd"' ,$ *$P$-5 Counsel for $ccused K$ddressL !L,S1" 7=8 /e8uest for and -otice of 7earing 2" 7>8 Proof of 0ervice Criminal Case -o" 00022 .orD Li)el

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:. #otion to Su&&re%% E2idence
718 %Caption' PE#PLE #. *7E P7ILIPPI-E0! Plaintiff! & versus & 4I5 C7$-! $ccused" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x ,#*I#- *# 0UPP/E00 E4I3E-CE U-L$+.ULLF 0EIRE3 *he $CCU0E3! )y counsel! respectfully moves for the suppression of o)=ects seiIed on 26 2uly 200>! pursuant to 0earch +arrant -o" 1122 issued )y this 7onora)le Court dated 12 2uly 200>! )ased on the following considerationsD 798 1" 0earch +arrant -o" 1122 was served on the 11th day and is! thus! void" 2" *he motor vehicle seiIed does not fall within the property that may lawfully )e seiIed" 3iscussion K1L 0earch +arrant -o" 1122 was served on the 11th day and is! thus! void" 1" /ule 12>! 0ec" 10 of the /evised /ules of Court provides expressly that a search warrant shall )e valid for ten %10' days from its date and that thereafter! it shall )e void" 2" 0earch +arrant -o" 1122 is dated 12 2uly 200>" It was served on the accused on 26 2uly 200>! the 11th day from its dateG this is certified to )y the 0worn Inventory and /eturn executed )y ,a=or $lang $lam! the leader of the searching team %a copy of which is already part of the records'" $ search was made on the same day! 26 2uly 200>G pursuant to said search! certain o)=ects were seiIed and delivered to the court" Under the law! the 0earch +arrant is void" 6" -o valid seiIure may )e made under a void warrant" .or this reason! the following o)=ects must )e suppressedD Klist itemsL K2L *he motor vehicle seiIed does not fall within the property that may lawfully )e seiIed" 9" #n the occasion of the search! the searching party also OseiIedP accused(s green 2aguar J2E with license plate! O-o" 1S! allegedly for )eing su)=ect of the offense" *hereafter! it was impounded and ;ept at the P-P ,otor Pool" <" *he motor vehicle cannot )e su)=ect of the offense as accused is charged with li)el" *here is no relation )etween the motor vehicle and li)el" >" ,oreover! the motor vehicle is not mala prohi)ita that would =ustify a seiIure thereofG neither could there )e a seiIure of evidence in plain view" 7:8 +7E/E.#/E! it is respectfully prayed that all o)=ects seiIed under the void 0earch +arrant -o" 1122 )e declared I-$3,I00IBLE under the exclusionary rule in $rticle III! section 6%2' in relation to 0ection 2 of the 1@? Constitution" .urthermore! it is prayed that the 5reen 2aguar J2E with license plate O-o" 1S )e immediately returned to the accused" 7;8 AueIon CityG 2< 2uly 200>" 7<8 %0gd"' ,$ *$P$-5 Counsel for $ccused K$ddressL !L,S1" 7=8 /e8uest for and -otice of 7earing 2" 7>8 Proof of 0ervice Criminal Case -o" 00022 .orD Li)el

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B. #otion +or Bai'
718 %Caption' PE#PLE #. *7E P7ILIPPI-E0! Plaintiff! & versus & -$:$ PII*! $ccused" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x ,#*I#- .#/ B$IL 798 *7E $CCU0E3! )y counsel! respectfully moves to )e allowed )ail on the ground that the 7:8 prosecution(s evidence of his guilt is not strong" In support! he respectfully su)mits the followingD 1" *he Information alleges that he raped the private complainant on 2< 3ecem)er 200< at his residence in AueIon City" *he prosecution(s own evidence! however! )elies this allegation asD %a' the medical certificate %attached as $--EJ $ to the Information' states that private complainant is in a virgin state with no physical and outward signs of traumaG %)' the medical certificate issued )y the -BI doctor %attached as $--EJ 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 )een so afflicted for close to five %<' years now and %c' the sworn statements of the private complainant conflict with and contradict each other such that her credi)ility must )e placed in dou)t" 2" .or these reasons! there is no )asis to conclude that the accused raped the private complainant as there is less than circumstantial evidence of this fact" 7e is! thus! entitled to )ail as a matter of right" +7E/E.#/E! it is respectfully prayed that the accused )e grantedD %1' a )ail hearing! during which the prosecution should )e directed to present its evidence to show the strength of its evidence of the accused(s guilt! and %2' thereafter! grant the accused reasona)le )ail" #ther =ust and e8uita)le reliefs are also prayed for" AueIon CityG 2uly 200 " %0gd"' ,I*C7 ,C3EE/E Counsel for the $ccused K$ddressL !L,S- /e8uest for and -otice of 7earing Criminal Case -o" 00<> .orD ,urder

90

D. A&&'ication +or Bai'
718 %Caption' PE#PLE #. *7E P7ILIPPI-E0! Plaintiff! & versus & /ECF 3I4I0*! $ccused" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x $PPLIC$*I#- .#/ P/#B$*I#*7E $CCU0E3! )y counsel! respectfully applies for pro)ation pursuant to the provisions of Presidential 3ecree -o" @>?! as amended" In support of this application! the accused respectfully su)mits the followingD 1" $ccused&applicant is of legal age and currently gainfully employed at $0- Broadcasting Corporation located at *imog $venue! AueIon City" #n 26 .e)ruary 200 ! she pleaded OguiltyP to the offense charged hereinG conse8uently! this 7onora)le Court in its #rder dated ? ,arch 200 sentenced accused&applicant to an indeterminate penalty ranging from three %6' years to five %<' years of prision correccional" 798 2" $ccused&applicant hum)ly su)mits that she possesses all the 8ualifications and none of the dis8ualifications enumerated under section 2 of Presidential 3ecree -o" @>?! specificallyD 2"1" 0he has not )een convicted of any crime against national security or pu)lic orderG 2"2" 0he has not )een previously convicted )y final =udgment of an offense punisha)le )y imprisonment of not less than one %1' month and one %1' day andBor a fine of not less than *wo 7undred Pesos %P200"00'G 2"6" 0he has not previously applied for nor had )een previously placed under pro)ation under Presidential 3ecree -o" @>?" 2"9" 0he has not started to serve her sentence and! to date! has not filed any -otice of $ppeal from the #rder of conviction" 6 .inally! granting this application will not in any way depreciate the seriousness of the offense charged nor cause any undue ris; that during the period of pro)ation! accused&applicant will commit another crime" ,oreover! accused&applicant does not need any correctional treatment re8uiring commitment to an institution" 7:8 +7E/E.#/E! accused&applicant respectfully prays that her application for pro)ation )e 5/$-*E3 and that she )e placed under pro)ation under such terms and conditions necessary to attain and ensure the o)=ectives of the law and which! under the circumstances! are fair! =ust and reasona)le in the sound discretion of this 7onora)le Court" AueIon City for Pasig CityG 12 ,arch 200 " %0gd"' $**ICU0 .I-C7 Counsel for $ccused K$ddressL !L,S1" 7;8 4erification 2" 7<8 /e8uest for and -otice of 7earing Criminal Case -o" 119? ?

91

I*.

!LEA0IN/S AN0 OT6ER LE/AL 0OC,#ENTS CO##ON TO CI*IL AN0 CRI#INAL !ROCE0,RE A. O++er o+ E2idence and O&&o%ition/Co$$ent to O++er 1. For$a' O++er o+ E2idence /epu)lic of the Philippines -ational Capital 2udicial /egion /E5I#-$L */I$L C#U/* Branch @0! AueIon City

PE#PLE #. *7E P7ILIPPI-E0! Plaintiff! Criminal Case -o" 000011 & versus & /ECF 3I4I0*! $ccused" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x .#/,$L #..E/ #. E4I3E-CE *7E P/#0ECU*I#-! )y the undersigned pu)lic and private prosecutors! respectfully offer their documentary exhi)its in support of their case&in&chiefD 1" Exhi)it $! the sworn statement of T$lang :aso! the private complainant! and Exhi)it $&1! his signatureCto prove that on the date and time stated in the affidavit! the accused issued a post&dated chec; in the amount of #ne ,illion Pesos %P1!000!000"00' which! on presentment for payment! was dishonored for lac; of insufficient fundsG to prove authorship and the authenticity of the sworn statementG and as part of the testimony of the private complainant" 2" Exhi)it B! the post&dated chec; dated 60 2une 2009! issued )y the accused in the amount of #ne ,illion Pesos %P1!000!000"00'G Exhi)it B&1! the dorsal side of the chec; with notation O3$I.PG Exhi)it B&2! the signature of accused on face of the chec;Cto prove the issuance of the chec;! the amount stated! the reason for dishonor and the identity of the issuer" *he mar;ed copies of Exhi)its $ and B are already part of the record" +7E/E.#/E! the prosecution respectfully prays that the foregoing Exhi)its )e $3,I**E3 as proof of the facts therein stated and in support of its case&in&chief and for all other relevant purposes" AueIon CityG 2uly 200 " ELLI#* -E00 Pu)lic Prosecutor Copy furnishedD ,I*C7 ,C3EE/E Counsel for $ccused $**ICU0 .I-C7 Private Prosecutor

92

9. Co$$ent/O&&o%ition to O++er PE#PLE #. *7E P7ILIPPI-E0! Plaintiff! Criminal Case -o" 000011 & versus & /ECF 3I4I0*! $ccused" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x C#,,E-* #- *7E P/#0ECU*I#-(0 .#/,$L #..E/ #. E4I3E-CE *7E $CCU0E3! )y counsel! respectfully oppose the Prosecution(s #ffer of Evidence for the following reasonsD 1" Exhi)it $! the sworn statement of T$lang :aso! the private complainant! and Exhi)it $&1! his signature are I-$3,I00IBLE )ecause the private complainant was never presented to authenticate the document or su)=ected to cross&examination! thus! the document is hearsay and inadmissi)le" 2" Exhi)it B! the post&dated chec; dated 60 2une 2009! issued )y the accused in the amount of #ne ,illion Pesos %P1!000!000"00'G Exhi)it B&1! the dorsal side of the chec; with notation O3$I.PG Exhi)it B&2! the signature of accused on face of the chec; are I-$3,I00IBLE for violation of the Best Evidence /ule as the original chec; was never presentedG and no )asis for the presentation of secondary evidence laid" $CC#/3I-5LF! the $CCU0E3 respectfully su)mits that the Prosecution(s Exhi)its are I-$3,I00IBLE and must! thus! )e EJCLU3E3" AueIon CityG 2uly 200 " %0gd"' ,I*C7 ,C3EE/E Counsel for the $ccused K$ddressL Copy furnishedD ELLI#* -E00 Pu)lic Prosecutor $**ICU0 .I-C7 Private Prosecutor

96

B. 0e$urrer to the E2idence 1. Cri$ina' ca%e% %Caption' PE#PLE #. *7E P7ILIPPI-E0! Plaintiff! & versus & $-$:I- 0:F+$L:E/! $ccused" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x 3E,U//E/ *# *7E P/#0ECU*I#-(0 E4I3E-CE *7E $CCU0E3! )y counsel! with leave of court previously obtained ! respectfully su)mits this 3emurrer to the Prosecution(s Evidence on the ground that the prosecution has failed to adduce sufficient evidence of his guilt to overcome the presumption of innocence and shift the )urden of proofD 1" Under the Constitution! the accused is presumed to )e innocent until proven guilty" *he effect of this presumption is that it entitles the accused to not say anything in his defense and places the )urden directly on the prosecution to prove everything relative to his guilt" *hus! 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 )urden of proof shifts to the accused" 2" *he prosecution has failed to adduce sufficient evidence of guilt such as would shift the )urden of proof" 2"1" *he accused is charged with violation of P3 1?>>G the gravamen of the offense is unauthoriIed 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" *he prosecution has failed to show that the accused had no license to carry a firearm" *he proof of the negative element is indispensa)le to proof of a violation of P3 1?>>" +ithout proof of this negative element! the crime is not proven" 6" $)sent proof of the negative element! i"e"! a)sence of a license! the offense is not proven" *he accused is innocentG he must! thus! )e ac8uitted" +7E/E.#/E! the accused respectfully prays that the Information against him )e 3I0,I00E3 and that he )e $CAUI**E3 of the crime charged" AueIon CityG 16 $pril 200 " 3$/*7 0I3I#U0 Counsel for the $ccused K$ddressL !L,S- /e8uest for and -otice of 7earing Criminal Case -o" 00 .orD 4iolation of P3 1?>>

99

9. Ci2i' ca%e% %Caption' $-$:I- 0:F+$L:E/! Plaintiff! Civil Case -o" 000@0@ & versus & P$3,E $,I3$L$! 3efendant" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x 3E,U//E/ *# *7E E4I3E-CE 3E.E-3$-*! )y counsel! with leave of court previously sought and granted ! respectfully su)mits this 3emurrer to the Evidence )ecause plaintiff has failed to prove entitlement to his claims )y a preponderance of evidenceD 1" *his action see;s to collect a sum of money arising from a contract" 2" Plaintiff! after resting his case! has failed toD %a' prove the authenticity of the contract! %)' the extent of the o)ligation under the contract! %c' the demanda)ility of the o)ligation under the contract and %d' defendant(s lia)ility for the o)ligation and damages" 6" Conse8uently! plaintiff has failed to prove his claims )y a preponderance of evidence and defendant is entitled to a dismissal of the Complaint against her" +7E/E.#/E! defendant respectfully prays that the Complaint against her )e 3I0,I00E3" AueIon CityG 16 $pril 200 " %0gd"' #BI +$- :E-#BI Counsel for 3efendant K$ddressL !L,S- /e8uest for and -otice of 7earing

9<

E. Notice o+ Li% !enden%
/epu)lic of the Philippines 9th 2udicial /egion /E5I#-$L */I$L C#U/* Branch 1! $ntipolo 3$,I LUP$! Plaintiff! & versus & $L$-5 LUP$! 3efendant" x &&&&&&&&&&&&&&&&&&&&&&& x -#*ICE #. LI0 PE-3E-0 *7E /E5I0*E/ #. 3EE30 $ntipolo City! /iIal Province Please ta;e notice that a parcel of land covered )y *C* -o 1269 located in $ntipolo! /iIalG registered in the name of defendant is the su)=ect matter of an action for reconveyance of an undivided one&sixth portion thereof filed )y 3$,I LUP$! a)ove&named plaintiff" $ccordingly! please record this notice on the title" /E0PEC*.ULLF 0UB,I**E3" AueIon CityG 16 $pril 200 " %0gd"' $**ICU0 .I-C7 Counsel for Plaintiff K$ddressL Copy furnishedD ,I*C7 ,C3EE/E! Es8" Counsel for 3efendant Civil Case -o" 00 .orD /econveyance

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D. A&&earance a% Coun%e'
/epu)lic of the Philippines /E5I#-$L */I$L C#U/* -ational Capital 2udicial /egion Branch 101! AueIon City $-$:I- 0:F+$L:E/! Plaintiff! & versus & P$3,E $,I3$L$! 3efendant" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x E-*/F #. $PPE$/$-CE *7E B/$-C7 CLE/: #. C#U/* /egional *rial Court Branch 101! AueIon City Please enter the appearance of the undersigned as counsel for defendant Padme $midala! with her express conformity as indicated )elow! in this case" 7enceforth ;indly address all pertinent notices to the undersigned at the address given )elow" /E0PEC*.ULLF 0UB,I**E3" AueIon CityG 16 $pril 200 " %0gd"' #BI +$- :E-#BI -o" 1! ImIadi Place *atooine! Pasig City +I*7 ,F C#-.#/,I*FD %0gd"' P$3,E $,I3$L$ Copy furnishedD 3$/*7 0I3I#U0 Civil Case -o" 16< .orD Legal 0eparation

9

E. Githdrawa' a% Coun%e' 1. Githdrawa' a% Coun%e' %Caption' $-$:I- 0:F+$L:E/! Plaintiff! & versus & P$3,E $,I3$L$! 3efendant" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x +I*73/$+$L #. $PPE$/$-CE *7E B/$-C7 CLE/: #. C#U/* /egional *rial Court Branch 101! AueIon City Please ma;e of record the +I*73/$+$L of the undersigned as counsel for plaintiff $-$:I0:F+$L:E/! with his express conformity as indicated )elow! in this case" 7enceforth ;indly address all pertinent notices to plaintiff at his address given in the Complaint" /E0PEC*.ULLF 0UB,I**E3" AueIon CityG 2uly 200 " %0gd"' ,$CE +I-3U 1 Imperial Palace! Cloud City! Pasig City +I*7 ,F C#-.#/,I*FD %0gd"' $-$:I- 0:F+$L:E/ 9. Githdrawa' a% Coun%e' GIT6O,T con+or$it( o+ c'ient %Caption' $-$:I- 0:F+$L:E/! Plaintiff! & versus & P$3,E $,I3$L$! 3efendant" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x +I*73/$+$L #. $PPE$/$-CE *7E B/$-C7 CLE/: #. C#U/* /egional *rial Court Branch 101! AueIon City Please ma;e of record the +I*73/$+$L of the undersigned as counsel for plaintiff $-$:I0:F+$L:E/ due to irreconcilable professional differences with plaintiff, for which reason the express conformity of plaintiff cannot be obtained" 7enceforth ;indly address all pertinent notices to plaintiff at his address given in the Complaint" /E0PEC*.ULLF 0UB,I**E3" AueIon CityG 2uly 200 " %0gd"' ,$CE +I-3U 1 Imperial Palace! Cloud City! Pasig City Civil Case -o" 16< .orD Legal 0eparation Civil Case -o" 16< .orD Legal 0eparation

9?

F. Su"%titution o+ Coun%e' %Caption' $-$:I- 0:F+$L:E/! Plaintiff! & versus & P$3,E $,I3$L$! 3efendant" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x 0UB0*I*U*I#- #. C#U-0EL *7E U-3E/0I5-E3 respectfully enters his appearance as counsel for defendant Padme $midala in su)stitution of former counsel 3arth ,aul! as shown )y her express conformity )elow" 7enceforth! ;indly address all pertinent notices to the undersigned at the address given )elow" /E0PEC*.ULLF 0UB,I**E3" AueIon CityG 2uly 200 " #BI +$- :E-#BI Counsel for 3efendant 2 Corruscant Place *atooine /oad! Pasig City +I*7 ,F C#-.#/,I*FD %0gd"' P$3,E $,I3$L$ Civil Case -o" 16< .orD Legal 0eparation

-. Notice o+ A&&ea'
/epu)lic of the Philippines -ational Capital 2udicial /egion RE/IONAL TRIAL CO,RT Branch 1! ,anila *$L# -$-! Plaintiff! Civil Case -o" 00222 & versus & P$-$ L#! 3efendant" x&&&&&&&&&&&&&&&&&&&&&&&&& x -#*ICE #. $PPE$L PL$I-*I..! )y counsel! respectfully appeals to the Court of $ppeals the 3ecision of this 7onora)le Court dated > 2uly 200>! a copy of which he received on 1> 2uly 200>! for )eing contrary to law and the evidence presented" AueIon City for ,anilaG 1 2uly 200>" %0gd"' $**ICU0 .I-C7 Counsel for Plaintiff K$ddressL Copy furnishedD ,I*C7 ,C3EE/E Counsel for 3efendant

9@

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!LEA0IN/S AN0 LE/AL 0OC,#ENTS ON 0O#ESTIC CASES AN0 S!ECIAL !ROCEE0IN/S (. !etition +or 6a"ea% Cor&u% /epu)lic of the Philippines -ational Capital 2udicial /egion /E5I#-$L */I$L C#U/* Branch 1@1! ,a;ati

I- /ED PE*I*I#- .#/ 7$BE$0 C#/PU0 #. *7E ,I-#/0 LU:E $-3 LEI$ 0:F+$L:E/ 0P -o" 111669 P$3,E $,I3$L$! Petitioner" $-$:I- 0:F+$L:E/! /espondent" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x PE*I*I#PE*I*I#-E/! )y counsel! respectfully states thatD 1" Petitioner is the mother of the minors Lu;e and Leia 0;ywal;er! who were )orn out of the valid marriage )etween petitioner and respondent $na;in 0;ywal;er" 2" *he marriage failed and petitioner has )een living separately from respondent since 2009" 0ometime in .e)ruary 200 ! respondent! un;nown to petitioner! a)ducted the minor children and has ;ept them incommunicado and out of petitioner(s reach" 6" Being )elow seven % ' years of age! custody of the minors is naturally presumed to )elong to petitioner! as their mother" Conse8uently! respondent(s refusal to allow petitioner to regain custody over the minors is unlawful and un=ustified" +7E/E.#/E! petitioner respectfully prays that a writ of ha)eas corpus issue directing respondent to ma;e a return showing his legal authority to detain the minor children! su)=ect of this petition! and thereafter! present the minor children personally )efore the Court on a date and time it chooses" AueIon CityG 2uly 200 " #BI +$- :E-#BI Counsel for Petitioner K$ddressL !L,S- 4erification and Certification against .orum 0hopping

<0

B. !etition +or Ado&tion I- /ED PE*I*I#- .#/ $3#P*I##. $-$:I- 0:F+$L:E/ 0P -o" 111669 3$/*7 4$3E/ and P$3,E $,I3$L$! Petitioners" x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x PE*I*I#PE*I*I#-E/0! )y counsel! respectfully state thatD 1" Petitioners are hus)and and wife! )oth of legal age! and residents of EEEEEEEEEE" 2" *hey have no legitimate children of their own and desire to =ointly adopt a minor named $-$:I- 0:F+$L:E/! 10 years old! the legitimate child of EEEEEEEEEEEEEEEEE" 6" *he parents of the minor are not insane! intemperate and are in full possession of civil capacityG they have not a)andoned the minor child" +ith full ;nowledge of petitioners( intention! they have expressly given their written consent to the adoption! as shown )y their statement! a copy of which is attached as $--EJ $" 9" Petitioners are 8ualified to adopt the minor and are financially capa)le of supporting the minorG they are also morally 8ualified to )ring up and educate the said minor" +7E/E.#/E! it is respectfully prayed that =udgment )e rendered in petitioners( favor ad=udging the minor child $-$:I- 0:F+$L:E/ freed from all legal o)ligations of o)edience and maintenance with respect to hisBher natural parents and that heBshe )e declared to all legal intents and purposes! the child of herein petitioners and that hisBher surname )e changed to that of petitioners" AueIon CityG 2uly 200 " %0gd"' ,$0*E/ F#3$ K$ddressL !L,S- 4erification and Certification against .orum 0hopping

<1

E. !etition +or 0ec'aration o+ Nu''it( o+ #arria.e with A&&'ication +or !ro2i%iona' Order%
KCaption and *itleL PE*I*I#-E/! )y counsel! respectfully states thatD 1" Petitioner is a .ilipino citiIen! of legal age and married to respondent" .or purposes of this petition! she may )e served with notices and other pertinent processes through counsel at Kaddress of counselL" 2" /espondent is a .ilipino citiIen! of legal age! currently employed at Kstate employerL and married to petitioner" 7e may )e served with summons and other pertinent orders and processes of this Court at Kstate addressL 6" Petitioner and respondent were married on KdateL and out of this marriage! they have Kstate num)er of children! respective agesL" $ copy of the ,arriage Contract executed )y petitioner and respondent is attached as ANNEI AG a copy each of the )irth certificates of the minor children is attached as ANNEI B C and 0! respectively" 9" Petitioner and respondent are currently separated in fact and have )een so since ,ay 2001" *he reason for the continuing separation in fact is the )rea;down of the marriage due to )oth petitioner(s and respondent(s mutual psychological incapacity to fulfill and discharge their respective marital o)ligations to each other! which existed at the time of the marriage in 1@@? )ut manifested itself well into the marriage <" *he mutual psychological incapacity of the parties to remain married to each other appears to )e incura)leG prior to this resort! the parties had attempted formal and informal counseling sessions all of which proved unproductive as respondent proved resistant and! at times! even hostile to these efforts" >" In compliance with =urisdictional re8uirements! petitioner su)mitted herself to a psychological and clinical assessment )y a trained professional! Clinical Psychologist Kstate nameL" 3espite several attempts! respondent refuses to agree to any so)er and productive discussion with petitioner and is always highly emotional and angry! it was! thus! impractica)le to secure a psychological report and profile of respondentG should this )ecome material! petitioner reserves the right to re8uest respondent to su)mit to a psychological examination for purposes of confirming the mutual psychological incapacity to remain married to each other" " Petitioner(s psychological incapacity is descri)ed in clinical terms as )eing consistent with a 4>1"1 Partner /elational Pro)lem and is said to have O,asochistic Personality 3isorderP or O601"@ Personality 3isorder -ot #therwise 0pecifiedPG on the other hand! the assessment given )y the psychologist of respondent(s psychological ma;e&up is that he has a O601"20 0chiIoid Personality 3isorder with narcissistic featuresP which is descri)ed as Ograve! incura)le and has antecedents"P *he psychological ma;e&up of petitioner and respondent is explained in greater detail in the C'inica' A%%e%%$ent Re&ort %O/eportP' dated 2? 3ecem)er 200>! a copy of which is attached as ANNEI E" ?" *heir minor children are in petitioner(s custody and are )eing supported )y her financially and emotionally" @" Petitioner su)mits that! despite the parties( mutual psychological incapacity to remain married to each other! the interests of the children are )est served )y having them remain in her custody! with visitation rights extended to respondent" $ll of the children are minors and! under the law! children under seven % ' years of age shall not )e separated from the mother! save for exceptional circumstances which do not exist in this case" 10" Petitioner cannot! however! provide for all the financial needs of the children as she is only earning a limited amount of money from her wor; whereas respondent is gainfully employed and earns more than enough for his own personal needs" Petitioner earns only %state amount' from her wor; as shown )y her payslip attached as ANNEI F whereas respondent earns %state amount' from his wor; as shown )y his payslip attached as ANNEI /" *he common property of petitioner and respondent is insufficient for the support of the children" /espondent must! thus! )e directed to give support to his children in the amount of %state amount'" +7E/E.#/E! petitioner respectfully prays that P/#4I0I#-$L #/3E/0 for child custody and child support )e issued giving to petitioner custody pendente lite over their minor children and directing respondent to give monthly support in the amount of %state amount'! su)=ect to any ad=ustments that may )e made )ased on changing earning capacity as well as needs" Petitioner also prays that! after trial! =udgment )e rendered in her favor )y declaring petitioner to )e psychologically incapacitated to comply with the essential o)ligations of her marriage to respondent! thus && K1L 3eclaring the marriage )etween petitioner and respondent a nullity and! )y this to;en! ordering the dissolution of the con=ugal partnership of gainsG and

<2

K2L $warding permanent custody of the children to petitioner! with express ac;nowledgement of respondent(s visitation rightsG K6L $warding support in the amount of %state amount' su)=ect to ad=ustments to )e made depending on changes in earning capacity and needs of the children" $ll other =ust and e8uita)le reliefs are also prayed for" AueIon CityG 2uly 200 " %0gd"' $**ICU0 .I-C7 Counsel for the Petitioner K$ddressL !L,S- 4erification and Certification against .orum 0hopping

<6

D. !etition +or !ro"ate o+ a 6o'o.ra&hic Gi''
/epu)lic of the Philippines -ational Capital 2udicial /egion /E5I#-$L */I$L C#U/* Branch 60! 0an 2uan /ED P/#B$*E #. *7E 7#L#5/$P7IC +ILL #. P$BLI-5 0I$"! 0P P/#C" -o" 0026 P$LI-5 :E/$! Petitioner! x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x PE*I*I#PE*I*I#-E/! )y counsel! respectfully states thatD 1" Petitioner is a .ilipino citiIen and the widow of the deceased" 2" #n 1> $ugust 200>! P$BLI-5 0I$ died! having previously executed a holographic will in his own handwriting and in a language ;nown to him" $ copy of the will is attached as $--EJ $" *he handwriting may )e attested to as his )y his secretary of long standing! *#, C/UR" 2" *he deceased left a house and lot located at -o" <<<! *una /oad! ,arinara 0u)division! AueIon City and cash amounting to .ifty *housand Pesos %P<0!000'G he had no de)ts" 6" *he deceased(s only heirs are herein petitioner and their son! P$BLI-5 0I$ 2/"! )oth of whom are residing at -o" <<<! *una /oad! ,arinara 0u)division! AueIon City" +7E/E.#/E! it is respectfully prayed that after due notice and pu)lication this 7onora)le Court fix the date for the pro)ate of the holographic will and that letters of administration )e issued in favor of the herein petitioner and thereafter ad=udicate the properties of the deceased in accordance with the said holographic will" AueIon CityG 2uly 200 " %0gd"' ,I*C7 ,C3EE/E Counsel for the Petitioner K$ddressL !L,S- 4erification and Certification against .orum 0hopping

<9

*I.

0EE0S CONTRACTS AN0 OT6ER COR!ORATE LE/AL 0OC,#ENTS (. S&ecia' !ower o+ Attorne( 0PECI$L P#+E/ #. $**#/-EF

:-#+ $LL ,E- BF *7E0E P/E0E-*0D I! #BI +$- :E-#BI! of legal age! and resident of *atooine! do here)y name! constitute and appoint P$3,E $,I3$L$! of legal age! and resident of -a)oo! to )e my true and lawful $ttorney&in&.act and in my name! place and stead! do perform the following specific act%s'D %0pecify the particular actBs to )e performed' 5iving and granting unto said attorney&in&fact power and authority to do every act necessary and re8uired in connection with these presents! and here)y ratifying and confirming all that she may do )y virtue of these presents" I- +I*-E00 +7E/E#.! I have signed this 0pecial Power of $ttorney this *atooine" %0gd"' #BI +$- :E-#BI Principal 0I5-E3 I- *7E P/E0E-CE #.D %0gd"' /232 %0gd"' C6P# $c;nowledgment B. /enera' !ower o+ Attorne( 5E-E/$L P#+E/ #. $**#/-EF :-#+ $LL ,E- BF *7E0E P/E0E-*0D I! #BI +$- :E-#BI! of legal age! and resident of *atooine! do here)y name! constitute and appoint P$3,E $,I3$L$ to )e my true and lawful attorney&in&fact! for me and in my name! place and stead! to do and perform the following acts! to witD %0pecify general acts that $ttorney&in&.act may do' 5iving and granting unto my said $ttorney&in&.act full power and authority necessary and re8uired to carry out the acts as fully to all intents and purposes as I might do or lawfully do if personally present! with power of su)stitution and revocation! and here)y ratifying and confirming all that my said attorney&in&fact or his su)stitute shall lawfully do or cause to )e done under and )y virtue of these presents" I- +I*-E00 +7E/E#.! I have signed this instrument this %0gd"' #BI +$- :E-#BI Principal 0I5-E3 I- *7E P/E0E-CE #.D %0gd"' /232 %0gd"' C6P# $c;nowledgment 2uly 200 at *atooine" 2uly 200 at

<<

E. Contract o+ Lea%e
C#-*/$C* #. LE$0E :-#+ $LL ,E- BF *7E0E P/E0E-*0D *his $greement made and entered into at ,a;ati this th day of 2uly 200 )y and )etween 3$,I B$7$F! of legal age! married to $0$ +$! %LE00#/' and resident of ,a;ati City! and $L$-5 B$7$F! of legal age! single and resident of AueIon City %LE00EE'! +I*-E00E*7 thatD 1" In consideration of a monthly rental of .I4E *7#U0$-3 PE0#0 %P<!000"00' and the covenants made )elow! the LE00#/ here)y LE$0E0 to the LE00EE an apartment located at 1@@ 0an $ntonio 4illage! ,a;ati City covered )y *ax 3eclaration -o" 001 %,a;ati City $ssessor(s #ffice' for a period of *+EL4E %12' ,#-*70 from signing of this contract" 2" *he LE00EE covenants! as followsD 2"1" *o pay the rentals on or )efore the fifth day of each month! without need of demand at the residence of LE00#/G 2"2" *o ;eep the premises in good and ha)ita)le condition! ma;ing the necessary repairs and painting inside and outside the houseG 2"6" -ot to ma;e ma=or alterations and improvements without the written consent of the LE00#/ and in the event of such unauthoriIed ma=or alterations and improvements! surrendering ownership over such improvements and alterations to the LE00#/ upon expiration of this leaseG I- +I*-E00 +7E/E#.! the parties have signed this contract on the date and the place first mentioned" 3$,I B$7$F Lessor +ith my consentD $0$ +$ $c;nowledgment BE.#/E ,E! a -otary Pu)lic for ,a;ati City! personally appeared on the following persons! with their respective C*C details indicated )elowD 3$,I B$7$F $L$-5 B$7$F C*C -o" EEEEEEEEEEEE issued atBon C*C -o" EEEEEEEEEEEE issued atBon
th

$-5 B$7$F Lessee

of 2uly 200 ! the

;nown to me to )e the same persons who executed the foregoing instrument! denominated as a Contract of Lease consisting of EE pages! signed on each and every page )y the parties and their instrumental witnesses! having ac;nowledged the same )efore me as their own free and voluntary act and deed" *# *7E */U*7 #. *7E .#/E5#I-5! witness now my hand and seal on the date and place mentioned a)ove" -"#" *$/I# Until 3ecem)er 61! 200 P*/ -o" 0000111B1B0<B@@! ,a;ati City 3oc" -o" Page -o" Boo; -o" 0eries of 200 "

<>

D. 6o'o.ra&hic Gi''
0an 2uan! ,etro ,anila 2uly 200 I here)y execute this holographic will! in my handwriting and in the English language which I ;now how to read and write! )e8ueathing my house and lot located at -o" <<<! *una /oad! ,arinara 0u)division! AueIon City to my son! P$BLI-5 0I$ 2/"! and cash amounting to .ifty *housand Pesos %P<0!000' to my spouse! P$LI-5 :E/$" %0gd"' P$BLI-5 0I$ 0/"

E. Notaria' Gi''
L$0* +ILL $-3 *E0*$,E-* of P$BLI-5 0I$! 0/" :-#+ $LL ,E- BF *7E0E P/E0E-*0D I! P$BLI-5 0I$! 0/"! of legal age! married to P$LI-5 :E/$! a native of Lipa City! Batangas! now actually residing at 0an 2uan! ,etro ,anila! )eing of sound and disposing mind and memory! and not acting under influence! violence! fraud or intimidation of whatever ;ind! declare this to )e my Last +ill and *estament which I have caused to )e written in English! the language which is ;nown to me" $nd I here)y declare thatD I" *he following are my children and their addressesG %-ame of children and addresses' II" I give and )e8ueath to my children EEEEEEEEEE! EEEEEEEEEE! and EEEEEEEEEE! in e8ual shares! the following properties! real and personal! whatsoever and wheresoever locatedD %3escription of property' III" I designate EEEEEEEEEEEEEEE as the sole executor of this Last +ill and *estament"
th

I- +I*-E00 +7E/E#.! I have set my hand this

day of 2uly 200 in 0an 2uan! ,etro ,anila"

%0gd"' P$BLI-5 0I$! 0/"

<

/. Atte%tation C'au%e +or a Notaria' Gi''
$**E0*$*I#- CL$U0E +E! the undersigned witnesses! whose residences are stated opposite our respective names! do here)y certify thatD the testator EEEEEEEEEEEEEEEEE has pu)lished unto us the foregoing will consisting of EEE pages num)ered correlatively in letters on the upper part of each page! as hisBher last will and testament and has signed the same and every page thereof! on the left margin! in our =oint presence and we! in turn! at hisBher re8uest have witnessed and signed the same and every page thereof! on the left margin! in the presence of the testator and in the presence of each other" 0$:0I 1 0$:0I 2 0$:0I 6 /. Ac5now'ed.$ent o+ a Notaria' Gi'' 2#I-* $C:-#+LE35,E-* BE.#/E ,E! -otary Pu)lic for and I the City of 0an 2uan! Philippines! this personally appearedD
th

/esidence /esidence /esidence

day of 2uly! 200 !

P$BLI-5 0I$! 0/" %*estator'! with 4alid Identification 3ocument EEEEEEE issued )y %official agency'! on > 2uly 200>G 0$:0I 1 %+itness'! with 4alid Identification 3ocument EEEEEEE issued )y %official agency'! on > 2uly 200>G 0$:0I 2 %+itness'! with 4alid Identification 3ocument EEEEEEE issued )y %official agency'! on > 2uly 200>G 0$:0I 1 %+itness'! with 4alid Identification 3ocument EEEEEEE issued )y %official agency'! on > 2uly 200>G all ;nown to me to )e the same persons who signed the foregoing +ill! the first as testator and the last three as instrumental witnesses! and they respectively ac;nowledged to me that they signed the same as their own free act and deed" *his +ill consists of EEE pages! including the page in which this ac;nowledgment is written! and has )een signed on the left margin of each and every page thereof )y the testator and his witnesses and has )een sealed with my -otarial seal" I- +I*-E00 +7E/E#.! I have set my hand the day! year and place written" %0gd"' -" #" *$/I# -otary Pu)lic Until EEEEEEEEEEEEEEEEEE P*/ -o" EEEEEEEEEEEEEEE Issued at EEEEEEEEEEEEEE #n EEEEEEEEEEEEEEEEEEE 3oc" -o" Page -o" Boo; -o" 0eries of 200 "

<?

6. 0onation Inter *i2o% 3EE3 #. 3#-$*I#:-#+ $LL ,E- BF *7E0E P/E0E-*0D *his 3eed of 3onation! made and executed )y L$LI, BUL0$! of legal age! singleBmarried! and resident of EEEEEEEEEEEEEEE %O3onorP' in favor of 3$,I U*$-5! of legal age! singleBmarried and resident of EEEEEEEEEEEEEEEEE %O3#-EEP' +I*-E00E*7D *hat the 3#-#/ is the owner of that certain real property with the )uildings and improvements thereon! situated in EEEEEEEEEEEEEEEEE! and more particularly descri)ed in #riginalB*ransfer Certificate of *itle -o" EEEE of the land registry of EEEEEEEEEEEEE! as followsD %Copy description of property in title' *hat for and in consideration of the love and affection which the 3#-#/ has for the 3#-EE! the said 3#-#/! )y these presents! transfers and conveys! )y way of donation! unto said 3#-EE! hisBher heirs and assigns! the a)ove descri)ed real property with all the )uildings and improvements thereon! free from all liens and encum)rancesG *hat the 3#-#/ does here)y state! for the purpose of giving full effect to this donation! that heBshe has reserved for himselfBherself in full ownership sufficient property to support himBher in a manner appropriate to hisBher needsG *hat the 3#-EE does here)y accept this donation of the a)ove&descri)ed property! and does here)y express gratitude for the ;indness and li)erality of the 3#-#/" I- +I*-E00 +7E/E#.! the 3#-#/ and the 3#-EE have signed this deed on and at AueIon City! Philippines" L$LI, BUL0$ 3onor $CCEP*E3D 3$,I U*$-5 3onee 0I5-E3 I- *7E P/E0E-CE #.D %0gd"' ,I/#- 1 %0gd"',I/#- 2 !L,S- $c;nowledgment 2uly 200

<@

I.

Ac5now'ed.$ent o+ No$inee Statu% with A%%i.n$ent o+ Share% $C:-#+LE35,E-* #. -#,I-EE 0*$*U0 +I*7 $00I5-,E-* #. 07$/E0

I! 5E#/3I L$ .#/5E! %O-omineeP'! of legal age! and with office address at EEEEEEEEEE! here)y ac;nowledge my status as nominee for +ILLI$, /I:E/ %Othe PrincipalP' for the purpose of holding title to EEE shares of stoc; in the Enterprise 7oldings Inc" %Othe CorporationP'" $s nominee! I here)y une8uivocally confirm that the Principal is the exclusive and a)solute owner of the su)=ect shares" $ccordingly! the relationship )etween the principal and the nominee with respect to the su)=ect shares is governed )y the following terms and conditionsD 1" $ll dividends! whether cash! stoc; or property! rights and other privileges! accruing on the su)=ect share shall )e for the account and )enefit of the principalG accordingly! the nominee shall deliver the same to the principal and whoever the latter may designate" 2" 3irector(s fees and other amounts received )y way of compensation for services rendered )y the nominee shall )e for the account and )enefit of the nominee" 6" *he principal shall save the nominee free and harmless from any lia)ility! whether for unpaid su)scriptions! taxes or otherwise! that may arise as a result of the nominee(s holding title to the su)=ect shares for and on )ehalf of the principal" 9" *he nominee here)y assigns! transfers! and conveys the su)=ect shares to the principal free from all liens and encum)rances and here)y underta;es to execute the necessary instruments to transfer title over the su)=ect shares to the principal or to whoever the latter may designate" <" *his ac;nowledgment of nominee status shall )ind the nominee(s heirs! executors! administrators and other successors&in&interest" 3one this
th

day of 2uly 200 at AueIon City" 5E#/3I L$ .#/5E -ominee

+I*7 ,F C#-.#/,I*FD +ILLI$, /I:E/ Principal +I*-E00E0D %0gd"' URI 1 %0gd"' URI 2 !L,S- $c;nowledgment

>0

). Secretar(J% Certi+icate 0EC/E*$/F(0 CE/*I.IC$*E I! 3E$--$ */#I! of legal age! with office address at EEEEEEEEEEEEEEEEEE! on the )asis of the corporate records! do here)y certify that under oath thatD 1" I am the Corporate 0ecretary of E-*E/P/I0E 7#L3I-50 I-C" %OcorporationP'! a corporation duly organiIed and existing under Philippine laws! with the same office address given a)ove" 2" $t a meeting of the Board of 3irectors of the corporation held on EEEEEEEEEEE! at which meeting a 8uorum was present and o)tained throughout! the following resolution%s' was %were' unanimously approved and adoptedD /E0#L4E3! that """"""""""""""""""" 6" *he foregoing resolution has not )een revo;ed! amended or in any manner modified and accordingly! the same may )e relied upon until a written notice to the contrary is issued )y the corporation" I- +I*-E00 +7E/E#.! I have set my hand to this certification on EEEE at EEEEEEEEEEEEEE" 3E$--$ */#I Corporate 0ecretary $**E0*E3D 2E$-&LUC PIC$/3 President !L,S- 2urat 4. Board Re%o'ution% 1. Authorit( to Act Board /esolution -o" EEE /E0#L4E3! that ,r" 2ean&Luc Picard! as Chairperson and Chief Executive #fficer of Enterprise 7oldings )e authoriIed! as he is here)y authoriIed! to enter into any and all transactions with the representatives of the .erengi *rade .ederation! as may prove to )e )eneficial to the corporation in his own opinion and determination" $pproved and adopted this
th

day of 2uly! 200 at ,a;ati City! Philippines" %-ame of 3irectors'

2. Increa%e in nu$"er o+ director% and nece%%ar( a$end$ent to the Artic'e% o+
Incor&oration Board /esolution -o" EEE /E0#L4E3! )y a vote of stoc;holders representing more than 2B6 of the su)scri)ed and paid up capital stoc;! to I-C/E$0E the num)er of 3irectors of the Corporation from five %<' to seven % ' and to $,E-3 the $rticles of Incorporation to reflect this increase" $pproved and adopted this
th

day of 2uly! 200 at ,a;ati City! Philippines" %-ame of 3irectors'

>1

L. 0eed o+ A%%i.n$ent 3EE3 #. $00I5-,E-* :-#+ $LL ,E- BF *7E0E P/E0E-*0D I! 3$,I 07$/E0! of legal age! .ilipino and resident of EEEEEEEEEEEEEEEE! for and in consideration of the sum of EEEEEEEEEEEEEEEEEEEE Pesos %PEEEEE'! receipt of which is here)y ac;nowledged do here)y assign! cede! transfer and convey unto 3$,I LUP$! li;ewise of legal age! and resident of EEEEEEEEEEEEEE! all hisBher rights! title! ownership and interest over its su)scription to #ne 7undred *housand %100!000' shares of the capital stoc; of EEEEEEEEE Corporation! including advances due from said corporation" It is! however! understood that the assignee shall assume any and all unpaid su)scription on the said shares" *he assignor here)y irrevoca)ly constitute! name and appoint the assignee to )e hisBher true and lawful attorney&in&fact to ma;e representations with the corporate secretary and to cause the annotation of this assignment in the )oo;s of the corporation" I- +I*-E00 +7E/E#.! the assignor has signed this deed on ,anila" 3$,I 07$/E0 $ssignor 0I5-E3 I- *7E P/E0E-CE #.D %0gd"' ,I/#- 1 %0gd"' ,I/#- 2 !L,S- $c;nowledgment
th

day of 2uly! 200 at the City of

>2

1. 0eed o+ Sa'e o+ Re.i%tered Land (uni'atera')
/epu)lic of the Philippines ,a;ati City ' ' s"s" 3EE3 #. $B0#LU*E 0$LE :-#+ $LL ,E- BF *7E0E P/E0E-*0D I! ,$ F$ ,$-! .ilipino! single! and resident of EEEEEEEEEEEEEEEEEEEEEEEEE! for and in consideration of the amount of EEEEEEEEEEEEEEEEEEEEEEE! paid to me today )y ,$ 5U L$-5! .ilipino! single and resident of EEEEEEEEEEEEEEEE do here)y 0ELL! */$-0.E/ and C#-4EF a)solute and unconditionally unto said ,$ 5U L$-5 that certain parcel%s' of land! together with the )uildings and improvements thereon situated in the City of ,a;ati! and more particularly descri)ed as followsD %*echnical 3escription of propertyBiesG specify metes and )ounds of the propertyBies with approximate area thereof! as indicated on the face of the title' of which I am the registered owner in fee simple! my title thereto )eing evidenced )y *ransfer %or #riginal' Certificate of *itle -o" EEEEEE! issued )y the /egister of 3eeds of ,a;ati City" It is here)y mutually agreed that the vendee shall )ear all expenses for the execution and registration of this deed of sale" I- +I*-E00 +7E/E#.! I have signed this deed this ,$ F$ ,$4endor [.ote< if vendor is married, marital consent must be secured, thus, the #eed must also indicate this. If vendor is married, then add the following<$ =ith my consent< (4( =( >endor?s =ife 0I5-E3 I- *7E P/E0E-CE #.D %0gd"' ,I/#- 1 %0gd"' ,I/#- 2 !L,S- $c;nowledgment
th

day of 2uly! 200 at ,a;ati City"

>6

N. 0eed o+ Sa'e o+ ,nre.i%tered Land (uni'atera') /epu)lic of the Philippines ,a;ati City ' ' s"s" 3EE3 #. $B0#LU*E 0$LE :-#+ $LL ,E- BF *7E0E P/E0E-*0D I! ,$ F$ ,$-! .ilipino! single! and resident of EEEEEEEEEEEEEEEEEEEEEEEEE! for and in consideration of the amount of EEEEEEEEEE! paid to me today )y ,$ 5U L$-5! .ilipino! single and resident of EEEEEEEEEEEEEEEEEEEEEEE do here)y 0ELL! */$-0.E/ and C#-4EF a)solutely and unconditionally unto said ,$ 5U L$-5 that certain parcel%s' of land! together with the )uildings and improvements thereon situated in the City of ,a;ati! and more particularly descri)ed as followsD %3escriptionD state the nature of each piece of land and its improvements! situations and )oundaries! area in s8uare meters! whether or not the )oundaries are visi)le on the land )y means of monuments or otherwiseG and if they are! what they consist of! the permanent improvements! if any! the page num)er 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 here)y declared that the )oundaries of the foregoing land are visi)le )y means of EEEEEEEEEEEEEEEG that the permanent improvements existing thereon consist of EEEEEEEEE %if none! state so'G that the land is assessed for the current year at PEEEEEEEEEEEEEE as per *ax 3eclaration -o" EEEEEEEEEE! and the )uildings andBor improvements ! at PEEEEEEEEEEEE as per *ax 3eclaration -o" EEEEEEEEE! of the City $ssessor of ,a;ati" *he a)ove descri)ed real estate! not having )een registered under $ct -o" 9@> nor under the 0panish ,ortgage Law! the parties hereto have agreed to register this instrument under the provisions of 0ec" 1@9 of the /evised $dministrative Code! as amended" I- +I*-E00 +7E/E#.! I have signed this deed this ,$ F$ ,$4endor [.ote< if vendor is married, marital consent must be secured, thus, the #eed must also indicate this. If vendor is married, then add the following<$ =ith my consent< (4( =( >endor?s =ife 0I5-E3 I- *7E P/E0E-CE #.D %0gd"' ,I/#- 1 %0gd"' ,I/#- 2 !L,S- $c;nowledgment
th

day of 2uly! 200 at ,a;ati City"

>9

O. 0eed o+ Sa'e with !acto de Retro ("i'atera') /epu)lic of the Philippines ,a;ati City ' ' s"s" 3EE3 #. 0$LE +I*7 P$C*# 3E /E*/# *his 3eed of 0ale with Pacto de /etro made and executed )y and )etweenD ,$ F$ ,$-! .ilipino! of legal age! married to $0$ +$! with residence at EEEEEEEEEEEEEEEEEEE %4E-3#/'! & and & ,$ 5U L$-5! .ilipino! of legal age! married to B$ *$P$! with residence at EEEEEEEEEEEE %4E-3EE'G +I*-E00E*7D *hatC *he 4E-3#/ is the a)solute owner of a certain parcel of land with all the )uildings and improvements thereon! situated in the City of ,a;ati! and more particularly descri)ed! as followsD %Copy technical description in *C*B#C*' his title thereto shown )y *ransfer %or #riginal' Certificate of *itle -o" EEEEEE issued )y the /egister of 3eeds of ,a;atiG *he 4E-3#/! for and in consideration of the amount of EEEEEEEEEEEEEEEEE Pesos %PEEEEE'! to him paid )y 4E-3EE and receipt of which is ac;nowledged! does here)y 0ELL! */$-0.E/ and C#-4EF under pacto de retro unto the said 4E-3EE! his heirs and assigns! the property with all the )uildings and improvements thereon! free from all liens and encum)rances whatsoeverG *he 4E-3#/! in executing this conveyance! here)y reserves the right to /EPU/C7$0E! and the 4E-3EE! in accepting the same! here)y o)ligates himself to /E0ELL the property herein conveyed within a period of EEEE years from date of this deed for the same price of EEEEEEEEEEEEEE %PEEEE'G Provided! however! that if the 4E-3#/ shall fail to exercise his right to repurchase as herein granted within the period provided! then this conveyance shall )ecome a)solute and irrevoca)le! without need of a new 3eed of $)solute 0ale! su)=ect to the re8uirements of law regarding consolidation of ownership of real property" I- +I*-E00 +7E/E#.! I have signed this deed this ,$ F$ ,$4endor =ith my marital consent< (4( =(
th

day of 2uly! 200 at ,a;ati City"

,$ 5U L$-5 4endee =ith my marital consent< B( T(@(

0I5-E3 I- *7E P/E0E-CE #.D %0gd"' ,I/#- 1 %0gd"' ,I/#- 2 !L,S- $c;nowledgment

><

!. 0eed o+ Re&urcha%e o+ 'and %o'd under !acto de Retro /epu)lic of the Philippines ,a;ati City ' ' s"s" 3EE3 #. /E0$LE :-#+ $LL ,E- BF *7E0E P/E0E-*0D I! ,$ 5U L$-5! .ilipino! married! of legal age! and resident of EEEEEEEEEEEEEEE! for and in consideration of EEEEEEEEEEEEEEE Pesos %PEEEE'! to me paid )y ,$ F$ ,$-! .ilipino! of legal age! married and resident of EEEEEEEEEEEEEEEEEEE! do here)y /E0ELL! /E*/$-0.E/ and /EC#-4EF unto said ,$ F$ ,$- that certain parcel of land! with all the )uildings and improvements thereon! situated at ,a;ati City! and more particularly descri)ed! as followsD %Copy technical description in title' covered )y *ransfer %or #riginal' Certificate of *itle -o" EEEE of the /egistry of 3eeds of ,a;ati! and which property was previously sold to under pacto de retro )y the said ,$ F$ ,$- on EEEEEEEEEEEEE! executed )efore -otary Pu)lic EEEEEEEEEE and )earing -otarial /egistration -o" EEE! Page -o" EEEE! Boo; -o" EEEE and 0eries of 20EE of his -otarial /egister! a copy of which is attached as $--EJ $" I- +I*-E00 +7E/E#.! I have signed this deed this ,$ 5U L$-5 4endor [.ote< if vendor is married, marital consent must be secured, thus, the #eed must also indicate this. If vendor is married, then add the following<$ =ith my consent< B( T(@( >endor?s =ife 0I5-E3 I- *7E P/E0E-CE #.D %0gd"' ,I/#- 1 %0gd"' ,I/#- 2 !L,S- $c;nowledgment
th

of 2uly! 200 at ,a;ati City"

>>

F. 0eed o+ Sa'e with #ort.a.e /epu)lic of the Philippines ,a;ati City ' ' s"s" 3EE3 #. 0$LE +I*7 ,#/*5$5E *his 3eed of 0ale with Pacto de /etro made and executed )y and )etweenD ,$ F$ ,$-! .ilipino! of legal age! married to $0$ +$! with residence at EEEEEEEEEEEEEEEEEEE %4E-3#/&,#/*5$5EE'! & and & ,$ 5U L$-5! .ilipino! of legal age! married to B$ *$P$! with residence at EEEEEEEEEEEE %4E-3EE&,#/*5$5#/'G +I*-E00E*7D *hatC *he 4E-3#/&,#/*5$5EE is the a)solute owner of a certain parcel of land with all the )uildings and improvements thereon! situated in the City of ,a;ati! and more particularly descri)ed! as followsD %Copy technical description in *C*B#C*' his title thereto shown )y *ransfer %or #riginal' Certificate of *itle -o" EEEEEE issued )y the /egister of 3eeds of ,a;atiG *he 4E-3#/! for and in consideration of the amount of EEEEEEEEEEEEEEEEE Pesos %PEEEEE'! to him paid )y 4E-3EE and receipt of which is ac;nowledged! does here)y 0ELL! */$-0.E/ and C#-4EF unto the said 4E-3EE! his heirs and assigns! the property with all the )uildings and improvements thereon! free from all liens and encum)rances whatsoeverG It is here)y agreed and stipulated that the U-P$I3 B$L$-CE #. EEEEEEEEEEEE Pesos %PEEEE'! of which amount EEEEEEEEEEEEEEEEEPesos %PEEEEE' shall )e paid )y the 4E-3EE&,#/*5$5#/ to the 4E-3#/&,#/*5$5EE at the latter(s residence! as followsD %0tate manner of payment' In order to guarantee the fulfillment of the a)ove o)ligations! the 4E-3EE&,#/*5$5#/ does here)y ,#/*5$5E unto the said 4E-3#/&,#/*5$5EE! his heirs and assigns! the property descri)ed! together with all the )uildings and improvements thereon! under the express stipulation that if the said 4E-3EE&,#/*5$5#/ shall pay or cause to )e paid unto the 4E-3#/&,#/*5$5EE the o)ligations! then this ,ortgage shall )e of no further force and effectG otherwise! the same shall remain in full force and effect and shall )e enforcea)le in the manner prescri)ed )y law" I- +I*-E00 +7E/E#.! I have signed this deed this ,$ F$ ,$4endor =ith my consent< (4( =( >endor?s =ife
th

day of 2uly! 200 at ,a;ati City"

,$ 5U L$-5 4endee =ith my consent< B( T(@( >endee?s =ife

0I5-E3 I- *7E P/E0E-CE #.D %0gd"' ,I/#- 1 %0gd"' ,I/#- 2 !L,S- $c;nowledgment

>

R. 0acion en !a.o (0eed o+ A%%i.n$ent o+ Rea' E%tate in &a($ent o+ de"t) 3EE3 #. $00I5-,E-* :-#+ $LL ,E- BF *7E0E P/E0E-*0D *his 3eed of $ssignment! made and executed )y and )etween 3$,I U*$-5! .ilipino! of legal age! married to $L$-5 ,$L$F! with residence at EEEEEEEEEEEEE %$00I5-#/' and 3$,I LUP$! .ilipino! of legal age! married to BIL ,#:#! with residence at EEEEEEEEEEEEEEE %$00I5-EE'! +I*-E00E*7D *hat the $00I5-#/ is inde)ted to the $00I5-EE in the sum of EEEEEEEEEEE Pesos %PEEEEEE' and in full payment and complete satisfaction thereof here)y assign! transfer and convey unto the $00I5-EE that certain real estate with all the )uildings and improvements thereon! situated in EEEEEEEEEEE! and more particularly descri)ed as followsD %3escription of property assigned' of which real estate the $00I5-#/ is the registered owner! his title thereto )eing evidenced )y *ransfer %or #riginal' Certificate of *itle -o" EEEEEEEEEEEE of the /egister of 3eeds of EEEEEEEEEEEEE" *hat the $00I5-EE does here)y accept this assignment in full payment of the a)ove&mentioned de)t of EEEEEEEEEEEEEE Pesos %PEEEEEEEEE'" I- +I*-E00 +7E/E#.! the parties have signed this 3eed on 3$,I U*$-5 $ssignor +ith my marital consentD $L$-5 ,$L$F $ssignor(s +ife !L,S- $c;nowledgment BIL ,#:# $ssignee(s +ife 2uly 200 at ,a;ati City" 3$,I LUP$ $ssignee

>?

D. Chatte' #ort.a.e
/epu)lic of the Philippines ,a;ati City ' ' s"s" C7$**EL ,#/*5$5E :-#+ $LL ,E- BF *7E0E P/E0E-*0D *hat I! 3$,I :#*0E! of legal age! married and resident of ,a;ati! for and in consideration of the loan of .I4E 7U-3/E3 *7#U0$-3 PE0#0 %P<00!000"00'! granted to me )y F$,$- -F$! also of legal age! married and resident of ,a;ati! to )e paid one %1' year from date hereof! have transferred and conveyed )y way of chattel mortgage unto said F$,$- -F$! his heirs! successors and assigns! free from all liens and encum)rances that certain motor vehicle! at present in my possession at my address! more particularly descri)ed asD ,odelB,a;e -o"BColor Chassis -o" Engine -o" D B,+ 6?i %1@@?'! racing greenG D 00000001111G D 00000001111G

of which I am the true and a)solute owner )y title thereto! )eing evidenced )y /egistration Certificate of ,otor 4ehicle -o" EEEEEE issued in my name )y the Land *ransportation #ffice on EEEEEEEEEEEEEEEEEE" *his chattel mortgage has )een executed in order to secure the full and faithful payment of my o)ligation to F$,$- -F$ in accordance with the terms and conditions of this instrumentG Upon payment! this contract shall )ecome null and voidG otherwise! it shall continue in full force and effect and may )e foreclosed in accordance with law" I- +I*-E00 +7E/E#.! I have signed this instrument on 3$,I :#*0E $ffidavit of 5ood .aith +e severally swear that 3$,I :#*0E! mortgagor! and F$,$- -F$! mortgagee! have executed the foregoing Chattel ,ortgage in order to guarantee as good and )inding the o)ligations mentioned a)ove and is not intended to defraud creditors" F$,$- -F$ 0igned in the presence ofD URI 1 !L,S- $c;nowledgment URI 2 3$,I :#*0E 2uly 200 at ,a;ati City"

>@

*II.

A!!EALS AN0 OT6ER RESORTS TO A!!ELLATE CO,RTS IN CRI#INAL AN0 CI*IL !ROCE0,RE (. Ordinar( a&&ea'% 1. in ci2i' ca%e% %. +ro$ #TC (in ori.ina' juri%diction) to RTC (in a&&e''ate juri%diction) Chec;listD • 1< days from notice of =udgment or final order • -otice of $ppeal %/ule 90! 0ec" 6' o Parties o 2udgment or final order appealed from o ,aterial dates showing timeliness of appeal • Proof of payment of appellate court doc;et and other lawful fees %/ule 90! 0ec" 9' • ,emorandum for $ppellant and $ppellee %/ule 90! 0ec" '

b. Fro$ RTC (in ori.ina' juri%diction) to CA
Chec;listD • 1< days from notice of =udgment or final order • -otice of $ppeal • Brief for $ppellant o 0u)=ect Index of the matter in )rief o $ssignment of Errors o 0tatement of the Case o 0tatement of the .acts o 0tatement of the Issues o $rgument o /elief o Copy of =udgment or final order appealed from • Brief for $ppellee %same as Brief for $ppellant! except copy of =udgment' • $ppellant(s /eply Brief • ,emorandum %in special cases' o 0tatement of the Case o 0tatement of the .acts o 0tatement of the Issues o $rgument o /elief 9. in cri$ina' ca%e% %. Fro$ #TC (a% tria' court) to RTC (in a&&e''ate juri%diction) Chec;listD • 1< days from notice of =udgment or final order • -otice of $ppeal • $ppellant(s BriefB,emorandum • $ppellee(s BriefB,emorandum

b. Fro$ RTC (a% tria' court) to CA
Chec;listD • 1< days from notice of =udgment or final order • -otice of $ppeal • $ppellant(s BriefB,emorandum • $ppellee(s BriefB,emorandum

). Fro$ RTC (a% tria' court) to SC
Chec;listD • 1< days from notice of =udgment or final order • -otice of $ppeal • $ppellant(s BriefB,emorandum • $ppellee(s BriefB,emorandum

0

&. !etition% +or Re2iew 1. Fro$ RTC (a% a&&e''ate court) or +ro$ 1ua%iDjudicia' a.encie% to CA
Chec;listD • 1< days from notice of =udgment or final order

• extension of 1< days only
• • • • • • • .ull names of petitioner and respondent 0tatement of ,aterial 3ates 0tatement of ,aterial $verments 0tatement of Issues! Errors of .act or Law $rgument 4erification and Certification against .orum 0hopping $ttachments o Certified true copy or duplicate original copy of =udgmentBfinal order 8uestioned o Clear and legi)le copy of all pleadings and other material portions of the record

• Proof of 0ervice and Explanation for 0ervice )y /egistered ,ail %if applica)le'

2. Fro$ RTC (on &ure 1ue%tion% o+ 'aw) or CA (in a&&e''ate juri%diction) to SC
Chec;listD • 1< days from notice of =udgment or final order

• extension of 60 days
• • • • • -ames of petitioner and respondent %without impleading the lower court!7udge!7ustice ' 0tatement of ,aterial 3ates ,aterial $llegations! /easons or $rguments for allowance of petition 4erification and Certification against .orum 0hopping $ttachments o Certified true copy or duplicate original copy of =udgmentBfinal order 8uestioned o Clear and legi)le copy of all pleadings and other material portions of the record

• Proof of 0ervice and Explanation for 0ervice )y /egistered ,ail %if applica)le'

1

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