Professional Documents
Culture Documents
Legal
Legal
THEODORE O. TE2
Intended for Exclusive Use of the University of the Philippines College of Law Bar
Examination Candidates for 2007, the Law Interns of U.P. Office of Legal Aid (UP-OLA), and
the students in the authors classes.
Any other use, without permission of the author, is prohibited and all legal rights are
reserved.
1
These forms were first published in 1998 for use in the UP Law Bar Ops for that year.
2
Assistant Professor and Director, University of the Philippines Office of Legal Aid; Ll.B., U.P. (1990); Grateful
acknowledgement is given to Feliz Marie M. Guerrero, Ll.B. U.P. (2008, expected) for invaluable assistance in re-
formatting, proofreading and updating of legal references.
TABLE OF CONTENTS
Table of Contents ii
On Writing, Legally v
I. COMMON FORMS
A. Caption and Title 1
B. Prayer 1
C. Jurat 1
D. Verification 2
E. Certification against Forum Shopping 2
F. Combined Verification and Certification against Forum Shopping 2
G. Combined Verification, Certification against Forum Shopping, and
Statement of Material Dates 3
H. Request for and Notice of Hearing 3
I. Proof of Personal Service 3
J. Proof of service by registered mail (with Explanation for failure to
serve personally) 4
K. Place, date, signature, address, Roll number, IBP receipt number,
PTR number 4
L. Acknowledgement 5
M. Notice of Appeal 5
ii
c. Mandamus 25
2. Quo warranto, Interpleader, Quieting of Title, and Declaratory
Relief
a. Complaint in Interpleader 26
b. Action to Quiet (or Remove Cloud on) Title 27
c. Action for Declaratory Relief 28
d. Quo Warranto 29
iii
Provisional Orders
D. Petition for Probate of Holographic Will 54
iv
ON WRITING, LEGALLY
If brevity is the soul of wit, what now is to become of lawyers (and law students) who
would nonchalantly write a 100-page document and dare call it a Brief?
The traditional notion of legal writing is that it is a competition to put together as many
four to five-syllable words in a one-paragraph sentence. The language of the law mystifies and
with this comes the power of the lawyer. The more obscure and obtuse the language, the greater
the need for a lawyer.
History has given us many language handicaps and obstacles to clarity and precision.
Throughout four years of law school, the law student, who eventually becomes a lawyer, is
trained to think in archaic words and phraseslegalesewhich appear to have legal significance
but is actually too imprecise to help anyone understand what is going on. And to add to the
babelish situation, there are hundreds of words in a dead languageLatinthat have little
relevance to the contemporary world.
There is a sea change, however, going on in legal writing. More and more, pleaders are
asked to be clear and concise, precise not pedantic. Why waste five words when three will do? 3
But change, as always, is difficult and painful. Yet, it is an essential response to todays evolving
legal profession. Indeed, when the most common means now of communicating is text, with its
own subculture and lingo, there must be a re-examination of the archaic manner by which legal
writing presents itself.
When a judges attention span is short and his backlog of reading is long, the need to
write concisely, clearly, precisely but not pedantically becomes absolutely clear.
Writing concisely and not pedantically, however, does not mean that the legal writer
ought to cut corners when it comes to substance as well as form; the only thing that that
guarantees is a baleful stare and a rude dismissal from the judge. Not only must the writer know
the arguments and the bases for his arguments, but she must also realize that these arguments
need to be presented in a manner that is technically sufficient.
3
My favorite, and many of my students will attest to this, is the absolutely archaic Comes Now, the Plaintiff, by the
undersigned counsel, unto this Honorable Court, respectfully states that as part of every pleading. Why waste 15
words, when 6 will do, thus: Plaintiff, by counsel, respectfully states that. The latter loses none of the legal
gravitas but loses every bit of the archaic pretense that mystifies the law and perpetuates the notion that laywers
know what they are doing each and every time.
v
It is hoped that the forms presented here, with checklists4 of legal requirements and short
annotations, will provide the impetus for demystifying legal writing and legal drafting. These
forms come from actual forms used in the authors practice, some from worthy opponents and
still some from traditional form books, with updates to fit the current state of the Rules.
While this handbook was produced, primarily, with the bar examinees and the law intern
or law student in mind, it is hoped that it might prove helpful as well when September ends5 and
life, as a lawyer, begins in earnest.
Theodore O. Te
Room 105, Malcolm Hall
University of the Philippines
August 2007
4
Acknowledgment is given to Atty. Alex M. Enriquez, (Ll.B., UP, 1990) for the original template of the Checklists,
which have been updated to suit current practice.
5
Vide Green Day, Wake Me Up When September Ends, which has become an unofficial anthem for bar examinees
in the Philippines.
vi
I. COMMON FORMS
A. Captio and Titl
____________________,
Plaintiff,
______________________,
Defendant.
x------------------x
B. Prayer
PRAYER
WHEREFORE it is respectfully prayed, after notice and hearing, that the defendant be
ordered to pay the plaintiff the amount of One Million Pesos (Php.1,000,000) for actual and
compensatory damages, Fifty Thousand Pesos (Php.50,000) for moral damages, Fifty
Thousand Pesos (Php.50,000) for exemplary damages, and Fifty Thousand Pesos
(Php.50,000) for attorneys fees.
C. Jura
(Sgd.) N. O. TARIO
Notary Public
Until __________________
PTR No. _______________
Issued at ______________
On ___________________
Doc. No.
Page No.
Book No.
Series of 2007.
1
D. Verificatio
VERIFICATION
C.K. Hilfiger, after having been duly sworn in accordance with law, deposes and
states that:
1. He is the plaintiff in the pleading/document entitled (pleading/document being
verified)
2. He has caused its preparation
3. He has read it and the allegations therein are true and correct of his own
knowledge or based on authentic records.
PLUS: Jurat
C.K. Hilfiger, after having been duly sworn in accordance with law deposes and states
that:
1. He is the plaintiff in the case entitled (title of the case);
2. He certifies that he has not commenced any action or filed any claim involving
the same issues before any other court, tribunal or quasi-judicial agency;
3. To the best of his knowledge, there is no such pending action or claim;
4. If he should learn that a similar action or claim has been filed or is pending he
shall report such fact within five (5) days from the discovery to this Honorable
Court.
PLUS: Jurat
I, C.K. Hilfiger, of legal age, do hereby state that: I am the Chief Executive Office of
Alis Di-yan Company and in such capacity, caused this Complaint to be prepared; I have read
its contents and affirm that they are true and correct to the best of my own personal
knowledge; I hereby certify that there is no other case commenced or pending before any
court involving the same parties and the same issue and that, should I learn of such a case,
I shall notify the court within five (5) days from my notice.
2
G. Combined Verification, Certification against Forum Shopping, and
Statement of Material Dates
I, C.K. Hilfiger, of legal age, do hereby state that: I am the Chief Executive Office of
Alis Di-yan Company and in such capacity, caused this Complaint to be prepared; I have
received a copy of the [Order/Resolution/Decision] of the Court on 13 April 2007; I have read
its contents and affirm that they are true and correct to the best of my own personal
knowledge; I hereby certify that there is no other case commenced or pending before any
court involving the same parties and the same issue and that, should I learn of such a case,
I shall notify the court within five (5) days from my notice.
Please submit the foregoing Motion to the Court for its consideration and approval
immediately upon receipt hereof and kindly include the same in the courts calendar for
hearing on Friday, 13 April 2007 at 8:30 in the morning.
ATTICUS FINCH
1 MockingBird Street
Timog Avenue, Quezon City
Please take notice that counsel has requested to be heard on Friday, 13 April 2007 at
8:30 in the morning.
3
J. Proof of service by registered mail (with Explanation for failure to serve
personally)
EXPLANATIO
The foregoing (designation of pleading, motion, etc.) and its attachment were served
on Atty. Mitch McDeere by registered mail instead of personal service as counsel for
petitioner only has one messenger and personal service would have resulted in the motion
not being filed on time to the detriment of petitioner.
AFFIDAVIT
Nature of Pleading/Paper
________________________
________________________
TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on 13 April 2007, in
the City of Manila, Philippines.
PLUS: Jurat
K. Place, date, signature, address, Roll number, IBP receipt number, PTR
number
4
L. Acknowledgmen
BEFORE ME, this 13th day of April, 2007 in the City of Manila, Philippines, personally
appeared ATTICUS FINCH, with [Valid Identification Document] (Drivers License No. N25-07-
007777) issued by the [official agency] (Land Transportation Office) on 10 January 2007,
known to me to be the same person who executed the foregoing instrument, and who
acknowledged to me that the same is his free act and deed.
IN WITNESS WHEREOF, I have set my hand and affixed my Notarial seal on the day,
year and place written.
(Sgd.) N. O. TARIO
Notary Public
Until __________________
PTR No. _______________
Issued at ______________
On ___________________
Doc. No.
Page No.
Book No.
Series of 2007
NOTE: If the instrument consists of 2 or more pages, include the following after the 1 st
paragraph:
This instrument, consisting of ___ pages, including the page on which this
acknowledgment is written, has been signed on the left margin of each and every page
thereof by ___________ and his witnesses (if any), and sealed with my Notarial sea.
NOTE: If the instrument conveys 2 or more parcels of land, include the following after the 1 st
paragraph:
This instrument relates to the sale (or mortgage) of ___ parcels of land, and consists
of ___ pages including the page on which this acknowledgment is written, each and every
page of which, on the left margin, having been signed by ______________ and his witnesses (if
any), and sealed with my Notarial seal.
M. Notice of Appeal
NOTICE OF APPEAL
5
II. PLEADINGS AND OTHER LEGAL DOCUMENTS IN CIVIL PROCEDURE
A. Complain (and other initiatory pleadings)
1. Complaint for ejectment with damage
YOKO NGA,
Defendant.
x ----------------------------------- x
COMPLAINT
[2] 1. Plaintiff is a foreign corporation organized and existing under the laws of
France with business address at 111 Ocean Drive, Tuna Compound, Quezon City; Defendant
is a Filipino, of legal age, single and currently resident of 112 Ocean Drive, Tuna Compound,
Quezon City, where he may be served with summons and other pertinent processes.
[3] 2. Plaintiff owns that property located at 112 Ocean Drive, Tuna Compound,
Quezon City which it leased to defendant under the terms and conditions stated in the
Contract of Lease dated 1 January 2005, which contract expires on 31 December 2006. A
copy of the contract is attached as ANNEX A.
3. Upon expiration of the contract, plaintiff informed defendant of its intention not to
renew the lease as it would use the property for its business expansion; plaintiff then asked
defendant to vacate the premises. A copy of plaintiffs letter to defendant is attached as
ANNEX B.
[4] 4. Despite demand duly made and received, defendant has refused to vacate the
premises and continues to occupy the property without plaintiffs consent. Resort to the
Barangay conciliation system proved useless as defendant refused to appear before the
Lupong Tagapamayapa. A Certification to File Action is attached as ANNEX C.
[5] WHEREFORE, plaintiff respectfully prays for judgment in its favor by ordering
defendant to vacate the property and peacefully turn over possession to plaintiff and for
defendant to pay plaintiff the amount of US$3,500 representing rentals on the machineries
for seven (7) months and Fifty Thousand Pesos (P50,000.00) for Attorneys fees.
PLUS:
1. [8] Verification and Certification against Forum Shopping
2. Jurat
6
2. Complaint for sum of mon
MANGGA GANTSO,
Defendant.
x -------------------------- x
COMPLAINT
[2] 1. Plaintiff is a Filipino, of legal age, and resident of 6750 Forbes Park, Makati
City; defendant is also a Filipino, of legal age and resident of 6752, Forbes Park, Makati City,
where he may be served with summons and other processes.
[3] 2. Sometime in January 2005 and over a period of six (6) months, defendant
borrowed certain amounts from plaintiff. Defendant promised to pay these amounts on an
installment basis monthly. These amounts now total Nine Hundred Thousand Pesos
(P900,000.00).
[4] 3. Despite repeated demands, both oral and written, defendant failed or has
refused to pay any amount to plaintiff as no installment payment has even been made. A
copy each of plaintiffs two (2) demand letters is attached as ANNEX A and B.
[5] WHEREFORE, plaintiff respectfully prays for judgment in his favor through a
Decision directing defendant to pay him NINE HUNDRED THOUSAND PESOS (P900,000.00),
with legal interest, as ACTUAL DAMAGES and FIFTY THOUSAND PESOS (P50,000.00) as
Attorneys Fees.
7
3. Complaint for Replev
HURTS RENT-A-CAR,
represented by AKIN NAYAN,
Plaintiff,
Civil Case No. 000088
- versus -
YOKO NGA,
Defendant.
x----------------------------------- x
COMPLAINT
[2] 1. Plaintiff is the general manager of Hurts Rent-A-Car with offices at Makati City;
defendant is a Tongan, temporarily residing at Bayview Hotel, Roxas Boulevard, Manila.
[3] 2. Hurts Rent-A-Car is the registered owner of a Honda CRV with license plate
number XLV-675, which defendant, on 3 March 2005, rented from plaintiff for a period of one
(1) week.
[4] 3. On 15 March 2005, plaintiff demanded from defendant the return of the car
but defendant failed and refused to do so.
4. The car has not been taken for a tax assessment or a fine pursuant to law nor has
it been seized on execution or attachment. Its present value is approximately Nine Hundred
Thousand Pesos (P900,000.00).
5. Plaintiff is ready, willing and able to give bond in defendants name in double the
value of the property for the return of the property to defendant should that be adjudged or
for the payment of such sum that defendant may recover from plaintiff in this action.
[5] WHEREFORE, plaintiff respectfully prays that the writ of replevin issue directing
the Sheriff or any other authorized officer to take possession of the car and dispose of it in
accordance with the Rules of Court and, after hearing, judgment be rendered declaring
plaintiff to be lawfully entitled to the possession of the car and sentencing defendant to pay
its value.
8
4. Complaint to set period of years for leas
NAGPA PAUPA,
Defendant.
x ---------------------- x
COMPLAINT
[2] 1. Plaintiff and Defendant are both Filipino citizens and of legal age; plaintiff
resides at 1-A, Cruz Street, Pasig City while defendant resides at 2 Frisco Street, Pasig City,
where he may be served with summons.
[3] 2. On 1 January 2003, defendant leased to plaintiff the premises at 1-A Cruz
Street, Pasig City for a monthly rental of One Thousand Pesos (P1,000.00) to be paid within
the first five (5) days of each month.
3. There is no fixed period for the lease agreement except that rentals are to be paid
by the month.
[4] 4. Plaintiff has been paying the rentals as they fall due each month, without fail.
However, on 4 April 2006, defendant gave notice to plaintiff that he is terminating the lease
agreement by the end of August 2006.
5. Considering that the period of lease has not been fixed, this Honorable Court may
fix a longer period of time as the lessee has been occupying the place for a period of three
(3) years. A period of two (2) years is reasonable considering that the lessee has no place to
transfer to immediately and that he has introduced substantial improvements to the
premises amounting to Fifty Thousand Pesos (P50,000.00).
[5] WHEREFORE, it is respectfully prayed that this Honorable Court fix a period of
years for the lease between plaintiff and defendant.
9
B. Answer with affirmative defense and counterclai
1. Answer with compulsory counterclaim
YOKO NGA,
Defendant.
x ----------------------------------- x
ANSWER
(With COUNTERCLAIM)
Admissions/Denials
3. He admits the contents of paragraph 3 only as to the fact that demand to vacate
was made but specifically denies its contents as to the truth of the reasons for the letter for
lack of knowledge sufficient to form a reasonable belief as to its truth or falseness..
Affirmative Defenses
[4] 5. Defendant reiterates, repleads and incorporates by reference all the foregoing
insofar as they are material and additionally submit that the Complaint should be dismissed
because:
Counterclaim
[5] 6. Defendant reiterates, repleads and incorporates by reference all the foregoing
insofar as they are material and additionally submit that he is entitled to relief arising from
the filing of this malicious and baseless suit, as follows:
I, YOKO NGA, of legal age, do hereby state that: I am the defendant in the case filed
by Alis Di-yan Company for ejectment; in response, I have caused the preparation of this
Answer with Counterclaim; I have read its contents and affirm that they are true and correct
to the best of my own personal knowledge; I specifically deny the genuineness and
due execution as well as the binding effect of the actionable documents pleaded
by plaintiiff I hereby certify that there is no other case commenced or pending before any
court involving the same parties and the same issue and that, should I learn of such a case,
I shall notify the court within five (5) days from my notice.
PLUS:
1. Jurat (IF any document is denied)
2. [11] Proof of Service (personal service or service by registered mail)
11
2. Answer with counterclaim and cross-clai
[5] Crossclaim
PLUS:
1. [9 & 10] Verification and Certification against Forum Shopping
2. Jurat (IF document is denied)
3. [11] Proof of Service (personal service or service by registered mail)
12
C. Pre-trial Brie
LAKISA HIRAP,
Defendant.
x ------------------------------------- x
PRE-TRIAL BRIE
1.1. Subject to a concrete proposal that is fair and reasonable and a reciprocal
manifestation of openness from plaintiff, defendant is open to the possibility of amicably
settling this dispute.
2.1. Plaintiff seeks principally to recover the amount of Twenty Two Million Eight
Hundred Eighteen Thousand Nine Hundred Forty Eight Pesos and Thirty Centavos
(PHP22,818,948.30) with interest at twelve percent (12%) arising allegedly from unpaid
orders delivered to defendant variously in 1989.
2.2. Defendant resists plaintiffs claims based on a failure to state a cause of action
because of :
2.2.1. Plaintiffs lack of personality to sue and, therefore, not being the
real party in interest under Rule 3, section 2 of the 1997 Rules of Civil
Procedure;
2.3. Defendant also interposed a compulsory counterclaim for Two Million Pesos
(PHP2,000,000.00) for moral damages and Two Million Pesos (PHP2,000,000.00) for
exemplary damages and One Hundred Thousand Pesos (PHP100,000.00) as attorneys fees.
[3] 3.1. Defendant admits only those facts stated in her Answer, i.e., her personal
circumstances, receipt of the demand letter dated January 5, 1997 and her reply to the
demand letter.
3.2. Subject to a concrete proposal for stipulation of additional facts from plaintiff
during pre-trial or even thereafter, defendant admits no other facts stated in the Complaint.
[4] 4.1. Defendant submits that the following issues put forward by plaintiff are
subject to proof:
13
4.2. Defendant submits that the following issues she put forward are subject to
proof:
V. EVIDENCE
[5] 5.2. Defendant reserves the right to present any and all documentary evidence
which shall become relevant to rebut plaintiffs claims in the course of trial as well as any
other witnesses whose testimony will become relevant to belie plaintiffs witnesses, if
necessary.
[7] 6.1. Considering the relatively simple issues presented, defendant does not
intend to avail of discovery at this time.
6.2. Subject, however, to a concrete and reasonable request for discovery from
plaintiff, defendant reserves the right to resort to discovery before trial.
RESPECTFULLY SUBMITTED.
Copy furnished:
Atty. MA BOLA
Counsel for Plaintiff
14
D. Motion
1. Motion to dismiss (with request for and notice of hearing
MOTION TO DISMISS
[2] 1. Allegedly, plaintiff has failed to reach the quotas agreed upon under the
Marketing Agreement dated 1 January 2006; defendant now seeks to collect the sum of TWO
HUNDRED THOUSAND PESOS (P200,000.00), representing the balance of the proceeds due
plaintiff under the said Marketing Agreement.
2. The contract is for one (1) year and defendant is given that same period to reach
the quota specified therein; the period of one (1) year has not expired. Consequently,
plaintiffs claim is premature as there is yet no breach of the Marketing Agreement until the
period expires and the quota is not attained. For this reason, plaintiffs Complaint states no
cause of action and must be dismissed.
[3] WHEREFORE, defendant respectfully prays that the Complaint be DISMISSED for
failure to state a cause of action.
Please submit the foregoing Motion to the Court for its consideration and approval
immediately upon receipt hereof and kindly include the same in the courts calendar for
hearing on Friday, 27 April 2007 at 8:30 in the morning.
ATTICUS FINCH
1 MockingBird Street
Timog Avenue, Quezon City
Please take notice that counsel has requested to be heard on Friday, 27 April 2007 at
8:30 in the morning.
15
2. Motion for leave of court to file pleading (with explanation for
service by registered mail
DAMI LUPA,
Respondent.
x ------------------------- x
[2] 2. Under existing rules, a Reply can no longer be filed as a matter of course.
Consequently, petitioner seeks leave of this Court to file the said Reply, a copy of which,
pursuant to the 1997 Rules on Civil Procedure, is attached to this motion.
PLUS:
1. [4] Request for and Notice of Hearing
2. [5] Explanation for service by registered mai
16
3. Motion for judgment on the pleadin
LAKISA LAYAW,
Plaintiff,
Civil Case No. 97-31312
- versus - For: Sum of Money
LAKISA HIRAP,
Defendant.
x ------------------------- x
1. On 6 July 2005, plaintiff sued defendant for a sum of money in the amount of Nine
Hundred Thousand Pesos (P900,000.00).
[1 & 2] 2. In his Answer, defendant admitted the obligation and merely stated that
he was asking to be given an extension of time to pay his obligation but that plaintiff instead
filed this Complaint. The Answer admits the material allegations of the Complaint and has
not tendered any issue; consequently, a judgment on the pleadings may be rendered.
PLUS:
1. [4] Request for and Notice of Hearing
2. [5] Proof of Service
17
4. Ex parte motion to set for pre-tri
LAKISA LAYAW,
Plaintiff,
Civil Case No. 97-31312
- versus -
LAKISA HIRAP,
Defendant.
x ------------------------- x
[1] 1. On 1 June 2006, defendant submitted her Answer to the Complaint, thereby
causing the issues to be joined.
[2] 2. This case is, thus, ripe for pre-trial. Complying with Rule 18, Section 1 of the
1997 Rules on Civil Procedure, plaintiff respectfully asks that this case be set for pre-trial.
[3] WHEREFORE, plaintiff respectfully prays that this case be set for pre-trial on a
date convenient to this Honorable Court.
Please submit the foregoing to the Court for its approval immediately upon receipt
hereof.
Copy furnished:
Please take notice that counsel has requested for the approval of the foregoing
motion immediately upon receipt.
18
5. Motion for postponeme
DILA TORY,
Plaintiff,
Civil Case No. 008877
- versus -
PASEN SYOSO,
Defendant.
x ------------------------- x
1. This case is set for trial on 5 May 2007 at 8:30 in the morning.
[1] 2. On said date and time, the undersigned counsel will be unable to appear
before this Honorable Court as he has also been directed to appear on this date and time
before the Regional Trial Court of Makati City, Branch 139 for People of the Philippines v. Bil
Moko, Criminal Case No. 009988, where he is scheduled to terminate cross-examination of
the prosecutions expert witness who will be available only on said date and time.
4. This motion is prompted only by the foregoing reason and not for delay.
[3] WHEREFORE, plaintiff respectfully prays that the trial scheduled on 5 May 2007
be POSTPONED to another date convenient to this Honorable Court.
PLUS:
1. [4] Request for and Notice of Hearin
2. [5] Proof of Service
19
6. Motion for extension of tim
DILA TORY,
Plaintiff,
Civil Case No. 008877
- versus -
PASEN SYOSO,
Defendant.
x ------------------------------------ x
[1 & 2] 2. The undersigned counsel, however, anticipates his inability to file the
Reply on or before the said due date because of the tremendous pressure of other equally
urgent professional work requiring the preparation of pleadings and almost daily trial
appearances before the various courts within and outside Metro Manila. For this reason, the
undersigned is constrained to ask for an additional fifteen (15) days from 10 May 2007, or
until 25 May 2007, within which to submit plaintiffs Reply.
3. This motion is not intended for delay but is motivated only by the foregoing
reason.
PLUS:
1. [4] Request for and Notice of Hearing
2. [5] Proof of Service
20
7. Motion to declare defendant in defaul
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 000909
- versus -
PADME AMIDALA,
Defendant.
x ---------------------------------- x
1. Plaintiff filed this Complaint against defendant on 1 March 2007; summons were
served on defendant on 20 March 2007, as indicated by the Sheriffs Return of even date, a
copy of which is attached as ANNEX A.
PLUS:
1. [4] Request for and Notice of Hearin
2. [5] Proof of Service
21
8. Motion to lift order of defau
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 000909
- versus -
PADME AMIDALA,
Defendant.
x ---------------------------------- x
1. Five (5) days after service of summons and receipt of Complaint, she filed a
Motion to Dismiss on the ground that plaintiffs claim is outside the jurisdictional amount of
this Honorable Court under the new Expanded Jurisdiction Act and that the Complaint should
properly be filed and tried before the Metropolitan Trial Court. The Motion to Dismiss, which
was received by plaintiffs counsel on 25 March 2007, was set for hearing on 10 April 2007,
as indicated on the Request for and Notice of Hearing.
2. Without waiting for the hearing on the Motion to Dismiss, this Honorable Court
declared defendant in default on 7 April 2007 based solely on plaintiffs Motion, filed two (2)
days after the supposed lapse of the reglementary period, which, however, was tolled by the
filing of a Motion to Dismiss.
[1 & 2] 3. Under the circumstances, the order of default is premature and without
legal and factual basis as: (a) defendant has not failed to file an Answer within the
reglementary period, (b) the reglementary period has not lapsed because of the filing of the
Motion to Dismiss within the period, and (c) the pendency of the Motion to Dismiss is
prejudicial to the issue of defendants default. Consequently, the order of default should be
lifted.
[3] WHEREFORE, defendant respectfully prays that the Order of Default against her
be LIFTED and that this Honorable Court resolve her Motion to Dismiss.
PLUS:
1. [4] Request for and Notice of Hearing
2. [5] Proof of Service
22
E. Special Civil Actions
1. Certiorari (with Injunction and/or TRO), Prohibition and Mandamu
a. Certiorari
PETITION
2. (State the date on which copy of Decision was received and/or Resolution on
Motion for Reconsideration, if filed, denied.)
[3] 3. (State briefly the facts and circumstances under which the respondent/s
exercising judicial functions acted without, or in excess of, jurisdiction or with grave abuse of
discretion amounting to lack or excess of jurisdiction.)
4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal
right, [b] which is threatened by an act or omission of respondents, [c] and that, unless
restrained, will cause grave and irreparable injury to petitioner. Allege also that petitioner is
ready to post a bond in an amount to be fixed by the Court conditioned upon the payment
to respondents of any damages suffered arising from the writ should petitioner be found not
to be entitled to the writ.)
5. There is no appeal from such decision or any plain or adequate speedy remedy in
the ordinary course of law, except this petition.
6. A certified true copy (or duplicate original copy) of the Decision under review is
attached as ANNEX A.
PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of
Material Date
* Rule 65, section 6, par. 2 expressly makes Rule 56, section 2 applicable to petitions for
certiorari, mandamus and prohibition. Rule 56, section 2 provides that Rules 46, 48, 49, 51,
52 and 56 apply. Rule 46, section 3 provides that the petition must be accompanied not
only by a certified true copy of the judgment or order questioned but also by
such material portions of the record as are referred to therein, and other
documents, relevant or pertinent thereto.
23
b. Prohibiti
PETITION
2. (If applicable, state the date on which copy of Decision was received and/or
Resolution on Motion for Reconsideration, if filed, denied.)
[3] 3. (State briefly the facts and circumstances under which the respondent/s
whether exercising judicial or ministerial functions acted without, or in excess of, jurisdiction
or with grave abuse of discretion amounting to lack or excess of jurisdiction.)
4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal
right, [b] which is threatened by an act or omission of respondents, [c] and that, unless
restrained, will cause grave and irreparable injury to petitioner. Allege also that petitioner is
ready to post a bond in an amount to be fixed by the Court conditioned upon the payment
to respondents of any damages suffered arising from the writ should petitioner be found not
to be entitled to the writ.)
5. There is no appeal from such decision or any plain or adequate speedy remedy in
the ordinary course of law, except this petition.
6. A certified true copy (or duplicate original copy) of the Decision under review is
attached as ANNEX A.
PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of
Material Date
24
c. Mandamu
PETITION
[2] 1. (State the capacity of petitioner and respondent/s and their addresses.)
3. Petitioner has no appeal from such decision or any plain or adequate speedy
remedy in the ordinary course of law, except this petition.
[4] WHEREFORE, it is respectfully prayed that, after due notice and hearing, a writ of
mandamus issue commanding respondent/s forthwith to: (state the act required to be done),
with costs against them.
PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of
Material Dates
25
2. Quo warranto, Interpleader, Quieting of Title, and Declaratory Relief
a. Complaint in Interpleade
NALI LITO,
Plaintiff,
SCA No. ____________
- versus -
COMPLAINT
[1] 1. Plaintiff and defendants are all of legal age; plaintiff resides at ________________
while defendants reside at _______________ and _______________, respectively, where they may
be served with pertinent notices.
[2] 2. On 1 June 2007, plaintiff found a Gold Rolex Oyster watch, without knowing
who its true owner is. The watch is now in plaintiffs possession. On or about 5 June 1999,
defendants made similar representations to plaintiff as to ownership of the watch.
3. Plaintiff, who claims no interest in the watch, cannot determine the conflicting
claims of defendants and thus seeks to compel defendants to interplead and litigate their
several claims between themselves.
[3] WHEREFORE, it is respectfully prayed that this Honorable Court issue an order
directing defendants to interplead with one another to determine their respective rights and
claims and to allow plaintiff to recover his expenses for safekeeping and the costs of this
suit, as first lien upon the subject matter of this action
26
b. Action to Quiet (or Remove Cloud on) Titl
UMA AGAW,
Respondent.
x ------------------------------------------------ x
PETITION
[1] 1. He is the special administrator of the estate of the deceased DAMI LUPA.
[2] 2. The deceased, during his lifetime, executed a Deed of Sale of real estate in
favor of the respondent dated _____________, and particularly described, as follows:
(Describe property)
covered by TCT No. 12345 in the Register of Deeds of Makati. The same is annotated on the
title as the only encumbrance thereon.
3. The sale is fictitious and the Deed of Sale is forged, as shown by a judgment in
Civil Case No. 2468, a copy of which is attached.
4. The existence of the alleged Deed of Sale is prejudicial and injurious to the title of
the lawful heirs of the deceased upon the said property. Equity demands that the said Deed
of Sale be surrendered and cancelled, as it is a cloud upon the title of the deceased and his
lawful heirs.
[3] WHEREFORE, petitioner respectfully prays that this Honorable Court render
judgment in the Estates favor by ordering the Deed of Sale surrendered and cancelled and
the cloud on Title No. 12345 removed.
27
c. Action for Declaratory Relie
INA API,
Plaintiff,
COMPLAINT
[1] 1. Plaintiff is a Filipino citizen of legal age and resident of Quezon City;
defendant is the City Council of Quezon City, the duly-constituted legislative body for
Quezon City, its members may be served with notices at Quezon City Hall.
[2] 2. On 1 August 1999, defendant City Council passed Ordinance No. 2345 making
it unlawful to operate cellular phone units while inside a moving vehicle and penalizing any
violations with a fine of P1,000.00 for each offense in addition to impounding of the cellular
phone unit. The relevant portions of the Ordinance are, as follows:
4. Unless declaratory relief is granted, plaintiff will suffer grave and irreparable injury
because he is unsure of the instances when he may lawfully use his cellular phone while in a
moving vehicle and when such use may lead to confiscation and a fine.
[3] WHEREFORE, plaintiff respectfully prays that this Honorable Court grant
declaratory relief and declare plaintiffs rights and duties under the Ordinance.
28
d. Quo Warrant
COMPLAINT
[1] 1. (State the capacity and address of both plaintiff and defendant.)
[2] 2. (State fully and clearly the facts and circumstances showing that defendant is
unlawfully occupying a public office and that plaintiff is entitled to hold the same office.)
3. (State that plaintiff has demanded that defendant vacate said office and deliver it
to plaintiff but that defendant has unlawfully refused to do so.)
[3] WHEREFORE, plaintiff respectfully prays that a writ of quo warranto issue ousting
and excluding defendant from occupying the office of ____________ and declare that plaintiff
is entitled to the said office and that he be placed forthwith in possession thereof.
29
III. PLEADINGS AND OTHER LEGAL FORMS IN CRIMINAL PROCEDURE
A. Complaint-Affidavit and Counter-Affidavi
1. Complaint-Affidavit
COMPLAINT-AFFIDAVIT
[1] I, MA SELAN, of legal age, Filipino, with assistance of counsel and [2] resident of
4 Privet Drive, Triple X Village, Makati, do hereby state under oath that:
[3] 2. I accuse and hereby charge MR. MA INGAY, residing at 5 Privet Drive, Triple
X Village, Makati, of violating Article 358 of the Revised Penal Code (Slander and Oral
Defamation), committed against me when he publicly, maliciously and deliberately uttered
defamatory remarks against me during the Board Meeting of the Association on 27 January
2007. This is attested to by the following exchange that transpired between Mr. Ingay and
the other members of the Board in attendance:
(Quote Exchange)
3. Prior resort to the Barangay conciliation system proved fruitless as Mr. Ingay did
not retract his remarks. Consequently, a Certification to File Action was issued by the
Barangay Chairperson, a copy of which is attached as ANNEX B.
4. There is no other person named Ma Selan residing at Triple X Village nor is there
any other person named Ma Selan who has acted as Board Member of the Association.
Consequently, Mr. Ingays public and defamatory utterance was clearly a reference to me
and to no other.
6. Mr. Ingays remarks have injured my name, reputation and character before my
neighbors and peers. While my name, reputation and character are incapable of pecuniary
estimation as these are the result of a lifetimes effort to build a name, reputation and
character that my children and their children can be proud to bear, Mr. Ingay cannot be
allowed to simply go scot-free without bearing the consequences of his acts. For this reason,
I am also holding Mr. Ma Ingay liable civilly for defaming me in the amount of One
Million Pesos (P1,000,000.00) in nominal damages, Five Hundred Thousand Pesos
(P500,000.00) in moral damages and Five Hundred Thousand Pesos (P500,000.00)
in exemplary damages.
[5] SUBSCRIBED AND SWORN TO BEFORE ME this 13th day of April 2007.
[6] CERTIFICATION
30
2. Counter-Affidavi
COUNTER-AFFIDAVIT
Re: I.S. No. 1613
[1] I, MA LABO, of legal age, with assistance of counsel do hereby state under oath
that:
1. I am the Chief of Staff of the Mayor of Quezon City, and have been occupying said
post since his election to the post in 1998. In said capacity, I am in charge of coordinating
the day-to-day affairs and activities of his Office.
[2] 2. I recently learned that I have been made a respondent in I.S. No. 1613, a
charge for estafa, filed by a certain MA GULANG on 19 January 2007 before the Office of
the City Prosecutor for Quezon City.
3. The charge is based on a supposedly unpaid account for the purchase of seven (7)
Nextel phone units by a Mr. MANGGA GANTSO of the Quezon City Rescue and Environmental
Distress Unit, which made the Mayor their Honorary Chairman with no direct functions; he
has been supporting their activities financially with voluntary contributions.
4.1. Sometime last year, Ms. Gulang called the office of the Mayor,
looking for him; I informed her that he was not around. I took a message from
her saying that she was a friend of the Mayor and that she was selling Nextel
units and if we wanted to buy units from her. I informed her that both the
Mayor and I had our units already; she then told me if the Mayor could refer
her to prospective clients. When the Mayor arrived, I relayed the message to
him.
4.2. Quite coincidentally, Mr. Gantso had called the Mayor asking if he
could assist in securing Nextel units. The Mayor asked me to call Ms. Gulang.
Mr. Gantso and Ms. Gulang were able to meet, as a result.
4.3. On that day, Ms. Gulang brought the units to the Mayors Office;
she met with Mr. Gantso inside the Mayors office. They transacted business
inside the Mayors Office and only passed by my office on their way out.
4.4. Some time after that, Ms. Gulang phoned me and told me that Mr.
Gantso had not paid her the amount of P11,000.00 for the units. Somewhat
embarrassed by this, I called Mr. Gantso and told him to pay Ms. Gulang; he
assured me that he would pay her but that he just needed to collect money
from the rest of the group.
4.5. After persistent calls from Ms. Gulang telling me that Mr. Gantso
had not yet paid, I gave her the telephone number of Gantso so that she could
just call him directly. But even then, I would still get calls from Ms. Gulang; and
when she started to get angry over the telephone, I set up an appointment for
Mr. Gantso to meet with her at the Office.
4.6. Thereafter, I would still receive phone calls telling me that Mr.
Gantso had yet to pay; I would follow up with Mr. Gantso but he simply gave
me this promise that he would pay.
5. It is utterly inexplicable that Ms. Gulang would hold me liable for estafa when all
that I did was to refer Ms. Gulang to Mr. Gantso; to a certain extent, I even exerted my best
efforts to see that Ms. Gulang was paid due simply to my great embarrassment at the
prospect of being accused of referring a person who does not know how to pay for an
obligation.
31
benefited from the Nextel units (which Ms. Gulang does not even allege and cannot prove);
any civil liability should pertain to the Office of the Mayor, not to me.
7. Considering the foregoing, I respectfully submit that there is no prima facie basis
to conclude that the crime of Estafa or that any crime at all has been committed. The
Complaint against me should, thus, be dismissed.
PLUS:
1. [5] Verification
2. [6] Certification
32
B. Information and Complain
1. Information (with Certificate of Preliminary Investigation or Inquest)
a. Bigam
(Caption)
PI KUTIN,
Accused.
x ---------------------------------------- x
INFORMATION
That on or about 3 July 2006, in the City of Quezon and within the
jurisdiction of this Honorable Court, the said accused, being then legally
married to BIL MOKO, and without such marriage having been legally
dissolved and thus valid and existing, did wilfully, unlawfully and felicitously
contract a second marriage with ASA WA in the City of Quezon.
CONTRARY TO LAW
ELLIOT NESS
Assistant City Prosecutor
ELLIOT NESS
Assistant City Prosecutor
SUBSCRIBED AND SWORN TO BEFORE ME this 9th day of August 2006 in Quezon City.
AL CAPONE
City Prosecutor
Bail Recommended: P10,000.00
33
b. The
(Caption)
KLEPTO MANIAC,
Accused.
x --------------------------------------------- x
INFORMATION
CONTRARY TO LAW.
ELLIOT NESS
Assistant City Prosecutor
I hereby certify that the accused was lawfully arrested without a warrant and that,
upon being informed of his rights, refused to waive the provisions of Article 125 of the
Revised Penal Code and, for this reason, an Inquest was conducted; that based on the
complaint and the evidence presented before me without any countervailing evidence
submitted by the accused, despite opportunity to do so, there is reasonable ground to
believe that the accused has committed the crime of theft and should, thus, be held for said
crime; that this Information was with the prior authority of the City Prosecutor.
ELLIOT NESS
Assistant City Prosecutor
SUBSCRIBED AND SWORN TO BEFORE ME this 9th of August 2006 in Quezon City.
AL CAPONE
City Prosecutor
34
c. Attempted Ra
(Caption)
MAEL SIA,
Accused.
x --------------------------------------------- x
INFORMATION
That on or about 6 June 2005, in Quezon City, the accused did then and
there wilfully, unlawfully and feloniously enter the house of SEK SEE, a
married woman, and finding that her husband was away, with lewd designs
and by means of force and intimidation, commenced directly by overt acts to
commit the crime of attempted rape upon her person, to wit: while SEK SEE
was cooking lunch, the accused seized her from behind, threw her to the floor,
raised her skirt, pulled down her underwear and attempted to penetrate her
with his sexual organ and would have succeeded in doing so had not her loud
protests and vigorous resistance brought her neighbors to her assistance,
causing the accused to flee from the premises without completing all the acts
of execution.
ELLIOT NESS
Assistant City Prosecutor
35
d. Frustrated Murde
(Caption)
MAMA MATAY,
Accused.
x --------------------------------------------- x
INFORMATION
That on or about 21 August 2006, in Quezon City, the accused did then
and there take a loaded .44 Caliber Magnum pistol, directly aim the same
firearm at the person of VIC TIMA, an invalid septuagenarian, and, at point
blank range, with intent to kill, discharge the firearm twice against the person
of said Vic Tima, inflicting on said Vic Tima two (2) wounds on his chest and
stomach, which wounds would have been fatal had not timely medical
assistance been rendered to the said Vic Tima.
36
C. Motions
1. Motion to Quash Informatio
KLEPTO MANIAC,
Accused.
x ------------------------------------------ x
MOTION TO QUASH
[2] THE ACCUSED, by counsel, respectfully moves to quash the Information for the
crime of theft on the following:
[3] GROUNDS
ARGUMENT
The Information alleges that the accused KLEPTO MANIAC is eleven (11) years old
and without any known address. Under Article 12, paragraph 3 of the Revised Penal Code, a
person over nine years of age and under fifteen, unless he acted with discernment, is
exempt from criminal liability.
There is no allegation that the accused acted with discernment. Even granting said
discernment, the accused cannot be tried but instead proceeded against under Article 80 of
the Revised Penal Code, which provides that a minor, unless sixteen years of age at the time
of the commission of a grave or less grave felony, cannot be tried but instead shall have the
benefit of a suspension of all proceedings against him. The duty of the court would be to
commit the minor to the custody or care of a public or private benevolent or charitable
institution for the care and education of homeless and delinquent children or to the custody
of the Department of Social Work and Development.
[4] WHEREFORE, it is respectfully prayed that the Information against the accused be
QUASHED and that the accused be released immediately from detention.
PLUS:
1. [7] Request for and Notice of Hearing
2. [8] Proof of Service
37
2. Motion to Quash Search Warran
[1] (Caption)
PEOPLE OF THE PHILIPPINES,
Plaintiff,
The ACCUSED, by counsel, respectfully moves for the quashal of Search Warrant No.
1122 issued by this Honorable Court on and dated 12 July 2006 based on the following
considerations:
[2] 1. Rule 126, Sec. 10 or the Revised Rules of Court provides expressly that a
search warrant shall be valid for ten (10) days from its date and that thereafter, it shall be
void.
2. Search Warrant No. 1122 is dated 12 July 2006. It was served on the accused on
23 July 2006, the 11th day from its date; this is certified to by the Sworn Inventory and Return
executed by Major Alang Alam, the leader of the searching team (a copy of which is already
part of the records). A search was made on the same day, 23 July 2006; pursuant to said
search, certain objects were seized and delivered to the court. Under the law, the Search
Warrant is void and must, thus, be quashed.
[3] WHEREFORE, it is respectfully prayed that Search Warrant No. 1122 be QUASHED
and all objects seized under its purported authority be declared INADMISSIBLE under the
exclusionary rule in Article III, Section 3(2) in relation to section 2 of the 1987 Constitution.
PLUS:
1. [6] Request for and Notice of Hearing
2. [7] Proof of Service
38
3. Motion to Suppress Evidenc
[1] (Caption)
The ACCUSED, by counsel, respectfully moves for the suppression of objects seized
on 23 July 2006, pursuant to Search Warrant No. 1122 issued by this Honorable Court dated
12 July 2006, based on the following considerations:
[2] 1. Search Warrant No. 1122 was served on the 11th day and is, thus, void.
2. The motor vehicle seized does not fall within the property that may lawfully
be seized.
Discussion
[1] Search Warrant No. 1122 was
served on the 11th day and is, thus,
void.
1. Rule 126, Sec. 10 of the Revised Rules of Court provides expressly that a search
warrant shall be valid for ten (10) days from its date and that thereafter, it shall be void.
2. Search Warrant No. 1122 is dated 12 July 2006. It was served on the accused on
23 July 2006, the 11th day from its date; this is certified to by the Sworn Inventory and Return
executed by Major Alang Alam, the leader of the searching team (a copy of which is already
part of the records). A search was made on the same day, 23 July 2006; pursuant to said
search, certain objects were seized and delivered to the court. Under the law, the Search
Warrant is void.
3. No valid seizure may be made under a void warrant. For this reason, the following
objects must be suppressed:
[list items]
4. On the occasion of the search, the searching party also seized accuseds green
Jaguar XJE with license plate, No. 1", allegedly for being subject of the offense. Thereafter, it
was impounded and kept at the PNP Motor Pool.
5. The motor vehicle cannot be subject of the offense as accused is charged with
libel. There is no relation between the motor vehicle and libel.
6. Moreover, the motor vehicle is not mala prohibita that would justify a seizure
thereof; neither could there be a seizure of evidence in plain view.
[3] WHEREFORE, it is respectfully prayed that all objects seized under the void
Search Warrant No. 1122 be declared INADMISSIBLE under the exclusionary rule in Article III,
section 3(2) in relation to Section 2 of the 1987 Constitution. Furthermore, it is prayed that
the Green Jaguar XJE with license plate No. 1" be immediately returned to the accused.
PLUS:
1. [6] Request for and Notice of Hearing
2. [7] Proof of Service
39
4. Motion for Bai
[1] (Caption)
NAKA PIIT,
Accused.
x ------------------------------------------ x
[2] THE ACCUSED, by counsel, respectfully moves to be allowed bail on the ground
that the [3 prosecutions evidence of his guilt is not strong. In support, he respectfully
submits the following:
2. For these reasons, there is no basis to conclude that the accused raped the
private complainant as there is less than circumstantial evidence of this fact. He is, thus,
entitled to bail as a matter of right.
WHEREFORE, it is respectfully prayed that the accused be granted: (1) a bail hearing,
during which the prosecution should be directed to present its evidence to show the strength
of its evidence of the accuseds guilt, and (2) thereafter, grant the accused reasonable bail.
40
D. Application for Bai
[1] (Caption)
RECY DIVIST,
Accused.
x ---------------------------------------------- x
[2] 2. Accused-applicant humbly submits that she possesses all the qualifications
and none of the disqualifications enumerated under section 2 of Presidential Decree No. 968,
specifically:
2.1. She has not been convicted of any crime against national security
or public order;
2.3. She has not previously applied for nor had been previously placed
under probation under Presidential Decree No. 968.
2.4. She has not started to serve her sentence and, to date, has not
filed any Notice of Appeal from the Order of conviction.
3 Finally, granting this application will not in any way depreciate the seriousness of
the offense charged nor cause any undue risk that during the period of probation, accused-
applicant will commit another crime. Moreover, accused-applicant does not need any
correctional treatment requiring commitment to an institution.
PLUS:
1. [4] Verification
2. [5] Request for and Notice of Hearing
41
IV. PLEADINGS AND OTHER LEGAL DOCUMENTS COMMON TO CIVIL AND
CRIMINAL PROCEDURE
A. Offer of Evidence and Opposition/Comment to Offer
1. Formal Offer of Evidence
RECY DIVIST,
Accused.
x ------------------------------------------ x
1. Exhibit A, the sworn statement of Alang Kaso, the private complainant, and
Exhibit A-1, his signatureto prove that on the date and time stated in the affidavit, the
accused issued a post-dated check in the amount of One Million Pesos (P1,000,000.00)
which, on presentment for payment, was dishonored for lack of insufficient funds; to prove
authorship and the authenticity of the sworn statement; and as part of the testimony of the
private complainant.
2. Exhibit B, the post-dated check dated 30 June 2004, issued by the accused in the
amount of One Million Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with
notation DAIF; Exhibit B-2, the signature of accused on face of the checkto prove the
issuance of the check, the amount stated, the reason for dishonor and the identity of the
issuer. The marked copies of Exhibits A and B are already part of the record.
Copy furnished:
MITCH MCDEERE
Counsel for Accused
42
2. Comment/Opposition to Offer
RECY DIVIST,
Accused.
x ------------------------------------------ x
THE ACCUSED, by counsel, respectfully oppose the Prosecutions Offer of Evidence for
the following reasons:
1. Exhibit A, the sworn statement of Alang Kaso, the private complainant, and
Exhibit A-1, his signature are INADMISSIBLE because the private complainant was never
presented to authenticate the document or subjected to cross-examination, thus, the
document is hearsay and inadmissible.
2. Exhibit B, the post-dated check dated 30 June 2004, issued by the accused in the
amount of One Million Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with
notation DAIF; Exhibit B-2, the signature of accused on face of the check are INADMISSIBLE
for violation of the Best Evidence Rule as the original check was never presented; and no
basis for the presentation of secondary evidence laid.
ACCORDINGLY, the ACCUSED respectfully submits that the Prosecutions Exhibits are
INADMISSIBLE and must, thus, be EXCLUDED.
Copy furnished:
ELLIOT NESS
Public Prosecutor
ATTICUS FINCH
Private Prosecutor
43
B. Demurrer to the Evidence
1. Criminal cases
(Caption)
ANAKIN SKYWALKER,
Accused.
x ---------------------------------------- x
2. The prosecution has failed to adduce sufficient evidence of guilt such as would
shift the burden of proof.
2.2. The prosecution has failed to show that the accused had no
license to carry a firearm. The proof of the negative element is indispensable
to proof of a violation of PD 1866. Without proof of this negative element, the
crime is not proven.
3. Absent proof of the negative element, i.e., absence of a license, the offense is not
proven. The accused is innocent; he must, thus, be acquitted.
WHEREFORE, the accused respectfully prays that the Information against him be
DISMISSED and that he be ACQUITTED of the crime charged.
DARTH SIDIOUS
Counsel for the Accused
[Address]
44
2. Civil cases
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 000909
- versus -
PADME AMIDALA,
Defendant.
x ---------------------------------- x
2. Plaintiff, after resting his case, has failed to: (a) prove the authenticity of the
contract, (b) the extent of the obligation under the contract, (c) the demandability of the
obligation under the contract and (d) defendants liability for the obligation and damages.
45
C. Notice of Lis Penden
ALANG LUPA,
Defendant.
x ----------------------- x
Please take notice that a parcel of land covered by TCT No 1234 located in Antipolo,
Rizal; registered in the name of defendant is the subject matter of an action for
reconveyance of an undivided one-sixth portion thereof filed by DAMI LUPA, above-named
plaintiff. Accordingly, please record this notice on the title.
RESPECTFULLY SUBMITTED.
46
D. Appearance as Counse
PADME AMIDALA,
Defendant.
x -------------------------------- x
ENTRY OF APPEARANCE
Please enter the appearance of the undersigned as counsel for defendant Padme
Amidala, with her express conformity as indicated below, in this case. Henceforth kindly
address all pertinent notices to the undersigned at the address given below.
RESPECTFULLY SUBMITTED.
WITH MY CONFORMITY:
Copy furnished:
DARTH SIDIOUS
47
E. Withdrawal as Counsel
1. Withdrawal as Counsel
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
- versus - For: Legal Separation
PADME AMIDALA,
Defendant.
x -------------------------------- x
WITHDRAWAL OF APPEARANCE
Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff
ANAKIN SKYWALKER, with his express conformity as indicated below, in this case. Henceforth
kindly address all pertinent notices to plaintiff at his address given in the Complaint.
RESPECTFULLY SUBMITTED.
WITH MY CONFORMITY:
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
- versus - For: Legal Separation
PADME AMIDALA,
Defendant.
x -------------------------------- x
WITHDRAWAL OF APPEARANCE
Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff
ANAKIN SKYWALKER due to irreconcilable professional differences with plaintiff, for
which reason the express conformity of plaintiff cannot be obtained Henceforth
kindly address all pertinent notices to plaintiff at his address given in the Complaint.
RESPECTFULLY SUBMITTED.
48
F. Substitution of Counsel
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
- versus - For: Legal Separation
PADME AMIDALA,
Defendant.
x -------------------------------- x
SUBSTITUTION OF COUNSEL
RESPECTFULLY SUBMITTED.
WITH MY CONFORMITY:
G. Notice of Appea
PANA LO,
Defendant.
x------------------------- x
NOTICE OF APPEAL
MITCH MCDEERE
Counsel for Defendant
49
V. PLEADINGS AND LEGAL DOCUMENTS ON DOMESTIC CASES AND SPECIAL
PROCEEDINGS
A. Petition for Habeas Corpu
ANAKIN SKYWALKER,
Respondent.
x ------------------------------------------ x
PETITION
1. Petitioner is the mother of the minors Luke and Leia Skywalker, who were born out
of the valid marriage between petitioner and respondent Anakin Skywalker.
2. The marriage failed and petitioner has been living separately from respondent
since 2004. Sometime in February 2007, respondent, unknown to petitioner, abducted the
minor children and has kept them incommunicado and out of petitioners reach.
3. Being below seven (7) years of age, custody of the minors is naturally presumed
to belong to petitioner, as their mother. Consequently, respondents refusal to allow
petitioner to regain custody over the minors is unlawful and unjustified.
WHEREFORE, petitioner respectfully prays that a writ of habeas corpus issue directing
respondent to make a return showing his legal authority to detain the minor children, subject
of this petition, and thereafter, present the minor children personally before the Court on a
date and time it chooses.
50
B. Petition for Adoption
PETITION
1. Petitioners are husband and wife, both of legal age, and residents of __________.
2. They have no legitimate children of their own and desire to jointly adopt a minor
named ANAKIN SKYWALKER, 10 years old, the legitimate child of _________________.
3. The parents of the minor are not insane, intemperate and are in full possession of
civil capacity; they have not abandoned the minor child. With full knowledge of petitioners
intention, they have expressly given their written consent to the adoption, as shown by their
statement, a copy of which is attached as ANNEX A.
4. Petitioners are qualified to adopt the minor and are financially capable of
supporting the minor; they are also morally qualified to bring up and educate the said minor.
51
C. Petition for Declaration of Nullity of Marriage with Application for
Provisional Order
1. Petitioner is a Filipino citizen, of legal age and married to respondent. For purposes
of this petition, she may be served with notices and other pertinent processes through
counsel at [address of counsel].
3. Petitioner and respondent were married on [date] and out of this marriage, they
have [state number of children, respective ages]. A copy of the Marriage Contract executed
by petitioner and respondent is attached as ANNEX A; a copy each of the birth certificates
of the minor children is attached as ANNEX B, C and D, respectively.
4. Petitioner and respondent are currently separated in fact and have been so since
May 2001. The reason for the continuing separation in fact is the breakdown of the marriage
due to both petitioners and respondents mutual psychological incapacity to fulfill and
discharge their respective marital obligations to each other, which existed at the time of the
marriage in 1998 but manifested itself well into the marriage
8. Their minor children are in petitioners custody and are being supported by her
financially and emotionally.
10. Petitioner cannot, however, provide for all the financial needs of the children as
she is only earning a limited amount of money from her work whereas respondent is
gainfully employed and earns more than enough for his own personal needs. Petitioner earns
only (state amount) from her work as shown by her payslip attached as ANNEX F whereas
respondent earns (state amount) from his work as shown by his payslip attached as ANNEX
G. The common property of petitioner and respondent is insufficient for the support of the
children. Respondent must, thus, be directed to give support to his children in the amount of
(state amount).
52
Petitioner also prays that, after trial, judgment be rendered in her favor by declaring
petitioner to be psychologically incapacitated to comply with the essential obligations of her
marriage to respondent, thus --
[1] Declaring the marriage between petitioner and respondent a nullity and,
by this token, ordering the dissolution of the conjugal partnership of gains;
and
All other just and equitable reliefs are also prayed for.
53
D. Petition for Probate of a Holographic Wil
PETITION
2. The deceased left a house and lot located at No. 555, Tuna Road, Marinara
Subdivision, Quezon City and cash amounting to Fifty Thousand Pesos (P50,000); he had no
debts.
3. The deceaseds only heirs are herein petitioner and their son, PABLING SIA JR.,
both of whom are residing at No. 555, Tuna Road, Marinara Subdivision, Quezon City.
WHEREFORE, it is respectfully prayed that after due notice and publication this
Honorable Court fix the date for the probate of the holographic will and that letters of
administration be issued in favor of the herein petitioner and thereafter adjudicate the
properties of the deceased in accordance with the said holographic will.
54
VI. DEEDS, CONTRACTS AND OTHER CORPORATE LEGAL DOCUMENTS
A. Special Power of Attorne
I, OBI WAN KENOBI, of legal age, and resident of Tatooine, do hereby name,
constitute and appoint PADME AMIDALA, of legal age, and resident of Naboo, to be my true
and lawful Attorney-in-Fact and in my name, place and stead, do perform the following
specific act(s):
Giving and granting unto said attorney-in-fact power and authority to do every act
necessary and required in connection with these presents, and hereby ratifying and
confirming all that she may do by virtue of these presents.
IN WITNESS WHEREOF, I have signed this Special Power of Attorney this 7 July 2007
at Tatooine.
(Sgd.) R2D2
(Sgd.) C3PO
Acknowledgment
I, OBI WAN KENOBI, of legal age, and resident of Tatooine, do hereby name,
constitute and appoint PADME AMIDALA to be my true and lawful attorney-in-fact, for me
and in my name, place and stead, to do and perform the following acts, to wit:
Giving and granting unto my said Attorney-in-Fact full power and authority necessary
and required to carry out the acts as fully to all intents and purposes as I might do or
lawfully do if personally present, with power of substitution and revocation, and hereby
ratifying and confirming all that my said attorney-in-fact or his substitute shall lawfully do or
cause to be done under and by virtue of these presents.
IN WITNESS WHEREOF, I have signed this instrument this 7 July 2007 at Tatooine.
(Sgd.) R2D2
(Sgd.) C3PO
Acknowledgment
55
C. Contract of Leas
CONTRACT OF LEASE
This Agreement made and entered into at Makati this 7 th day of July 2007 by and
between DAMI BAHAY, of legal age, married to ASA WA, (LESSOR) and resident of Makati
City, and ALANG BAHAY, of legal age, single and resident of Quezon City (LESSEE),
WITNESSETH that:
2.1. To pay the rentals on or before the fifth day of each month,
without need of demand at the residence of LESSOR;
2.2. To keep the premises in good and habitable condition, making the
necessary repairs and painting inside and outside the house;
IN WITNESS WHEREOF, the parties have signed this contract on the date and the
place first mentioned.
With my consent:
ASA WA
Acknowledgment
BEFORE ME, a Notary Public for Makati City, personally appeared on the 7 th of July
2007, the following persons, with their respective CTC details indicated below:
known to me to be the same persons who executed the foregoing instrument, denominated
as a Contract of Lease consisting of __ pages, signed on each and every page by the parties
and their instrumental witnesses, having acknowledged the same before me as their own
free and voluntary act and deed.
TO THE TRUTH OF THE FOREGOING, witness now my hand and seal on the date and
place mentioned above.
N.O. TARIO
Until December 31, 2007
PTR No. 0000111/1/05/99, Makati City
Doc. No.
Page No.
Book No.
Series of 2007.
56
D. Holographic Wil
I hereby execute this holographic will, in my handwriting and in the English language
which I know how to read and write, bequeathing my house and lot located at No. 555, Tuna
Road, Marinara Subdivision, Quezon City to my son, PABLING SIA JR., and cash amounting to
Fifty Thousand Pesos (P50,000) to my spouse, PALING KERA.
E. Notarial Wil
I, PABLING SIA, SR., of legal age, married to PALING KERA, a native of Lipa City,
Batangas, now actually residing at San Juan, Metro Manila, being of sound and disposing
mind and memory, and not acting under influence, violence, fraud or intimidation of
whatever kind, declare this to be my Last Will and Testament which I have caused to be
written in English, the language which is known to me. And I hereby declare that:
(Description of property)
III. I designate _______________ as the sole executor of this Last Will and
Testament.
IN WITNESS WHEREOF, I have set my hand this 7 th day of July 2007 in San Juan, Metro
Manila.
57
F. Attestation Clause for a Notarial Wil
ATTESTATION CLAUSE
WE, the undersigned witnesses, whose residences are stated opposite our respective
names, do hereby certify that: the testator _________________ has published unto us the
foregoing will consisting of ___ pages numbered correlatively in letters on the upper part of
each page, as his/her last will and testament and has signed the same and every page
thereof, on the left margin, in our joint presence and we, in turn, at his/her request have
witnessed and signed the same and every page thereof, on the left margin, in the presence
of the testator and in the presence of each other.
SAKSI 1 Residence
SAKSI 2 Residence
SAKSI 3 Residence
JOINT ACKNOWLEDGMENT
BEFORE ME, Notary Public for and I the City of San Juan, Philippines, this 7 th day of
July, 2007, personally appeared:
PABLING SIA, SR. (Testator), with Valid Identification Document _______ issued
by (official agency), on 6 July 2006;
all known to me to be the same persons who signed the foregoing Will, the first as testator
and the last three as instrumental witnesses, and they respectively acknowledged to me
that they signed the same as their own free act and deed.
This Will consists of ___ pages, including the page in which this acknowledgment is
written, and has been signed on the left margin of each and every page thereof by the
testator and his witnesses and has been sealed with my Notarial seal.
IN WITNESS WHEREOF, I have set my hand the day, year and place written.
(Sgd.) N. O. TARIO
Notary Public
Until __________________
PTR No. _______________
Issued at ______________
On ___________________
Doc. No.
Page No.
Book No.
Series of 2007.
58
H. Donation Inter Vivos
DEED OF DONATION
This Deed of Donation, made and executed by LALIM BULSA, of legal age,
single/married, and resident of _______________ (Donor) in favor of DAMI UTANG, of legal
age, single/married and resident of _________________ (DONEE) WITNESSETH:
That the DONOR is the owner of that certain real property with the buildings and
improvements thereon, situated in _________________, and more particularly described in
Original/Transfer Certificate of Title No. ____ of the land registry of _____________, as follows:
That for and in consideration of the love and affection which the DONOR has for the
DONEE, the said DONOR, by these presents, transfers and conveys, by way of donation, unto
said DONEE, his/her heirs and assigns, the above described real property with all the
buildings and improvements thereon, free from all liens and encumbrances;
That the DONOR does hereby state, for the purpose of giving full effect to this
donation, that he/she has reserved for himself/herself in full ownership sufficient property to
support him/her in a manner appropriate to his/her needs;
That the DONEE does hereby accept this donation of the above-described property,
and does hereby express gratitude for the kindness and liberality of the DONOR.
IN WITNESS WHEREOF, the DONOR and the DONEE have signed this deed on 7 July
2007 and at Quezon City, Philippines.
LALIM BULSA
Donor
ACCEPTED:
DAMI UTANG
Donee
(Sgd.) MIRON 1
(Sgd.)MIRON 2
PLUS: Acknowledgment
59
I. Acknowledgment of Nominee Status with Assignment of Shares
I, GEORDI LA FORGE, (Nominee), of legal age, and with office address at __________,
hereby acknowledge my status as nominee for WILLIAM RIKER (the Principal) for the
purpose of holding title to ___ shares of stock in the Enterprise Holdings Inc. (the
Corporation). As nominee, I hereby unequivocally confirm that the Principal is the exclusive
and absolute owner of the subject shares. Accordingly, the relationship between the
principal and the nominee with respect to the subject shares is governed by the following
terms and conditions:
1. All dividends, whether cash, stock or property, rights and other privileges,
accruing on the subject share shall be for the account and benefit of the
principal; accordingly, the nominee shall deliver the same to the principal and
whoever the latter may designate.
3. The principal shall save the nominee free and harmless from any liability,
whether for unpaid subscriptions, taxes or otherwise, that may arise as a
result of the nominees holding title to the subject shares for and on behalf of
the principal.
4. The nominee hereby assigns, transfers, and conveys the subject shares to
the principal free from all liens and encumbrances and hereby undertakes to
execute the necessary instruments to transfer title over the subject shares to
the principal or to whoever the latter may designate.
GEORDI LA FORGE
Nominee
WITH MY CONFORMITY:
WILLIAM RIKER
Principal
WITNESSES:
(Sgd.) UZI 1
(Sgd.) UZI 2
PLUS: Acknowledgment
60
J. Secretarys Certificate
SECRETARYS CERTIFICATE
I, DEANNA TROI, of legal age, with office address at __________________, on the basis of
the corporate records, do hereby certify that under oath that:
3. The foregoing resolution has not been revoked, amended or in any manner
modified and accordingly, the same may be relied upon until a written notice to the contrary
is issued by the corporation.
DEANNA TROI
Corporate Secretary
ATTESTED:
JEAN-LUC PICARD
President
PLUS: Jurat
K. Board Resolutions
1. Authority to Act
Approved and adopted this 7th day of July, 2007 at Makati City, Philippines.
(Name of Directors)
Approved and adopted this 7th day of July, 2007 at Makati City, Philippines.
(Name of Directors)
61
L. Deed of Assignment
DEED OF ASSIGNMENT
I, DAMI SHARES, of legal age, Filipino and resident of ________________, for and in
consideration of the sum of ____________________ Pesos (P_____), receipt of which is hereby
acknowledged do hereby assign, cede, transfer and convey unto DAMI LUPA, likewise of legal
age, and resident of ______________, all his/her rights, title, ownership and interest over its
subscription to One Hundred Thousand (100,000) shares of the capital stock of _________
Corporation, including advances due from said corporation. It is, however, understood that
the assignee shall assume any and all unpaid subscription on the said shares.
The assignor hereby irrevocably constitute, name and appoint the assignee to be
his/her true and lawful attorney-in-fact to make representations with the corporate secretary
and to cause the annotation of this assignment in the books of the corporation.
IN WITNESS WHEREOF, the assignor has signed this deed on 7 th day of July, 2007 at
the City of Manila.
DAMI SHARES
Assignor
(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment
62
M. Deed of Sale of Registered Land (unilateral
of which I am the registered owner in fee simple, my title thereto being evidenced by
Transfer (or Original) Certificate of Title No. ______, issued by the Register of Deeds of Makati
City.
It is hereby mutually agreed that the vendee shall bear all expenses for the execution
and registration of this deed of sale.
IN WITNESS WHEREOF, I have signed this deed this 7 th day of July, 2007 at Makati
City.
MA YA MAN
Vendor
[Note: if vendor is married, marital consent must be secured; thus, the Deed must also
indicate this. If vendor is married, then add the following:]
With my consent:
ASA WA
Vendors Wife
(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment
63
N. Deed of Sale of Unregistered Land (unilateral)
(Description: state the nature of each piece of land and its improvements,
situations and boundaries, area in square meters, whether or not the
boundaries are visible on the land by means of monuments or otherwise; and
if they are, what they consist of, the permanent improvements, if any, the
page number of the assessment of each property for current year or years
when registration is made, the assessed value of the property for the year)
It is hereby declared that the boundaries of the foregoing land are visible by means of
_______________; that the permanent improvements existing thereon consist of _________ (if
none, state so); that the land is assessed for the current year at P______________ as per Tax
Declaration No. __________, and the buildings and/or improvements , at P____________ as per
Tax Declaration No. _________, of the City Assessor of Makati.
The above described real estate, not having been registered under Act No. 496 nor
under the Spanish Mortgage Law, the parties hereto have agreed to register this instrument
under the provisions of Sec. 194 of the Revised Administrative Code, as amended.
IN WITNESS WHEREOF, I have signed this deed this 7 th day of July, 2007 at Makati
City.
MA YA MAN
Vendor
[Note: if vendor is married, marital consent must be secured; thus, the Deed must also
indicate this. If vendor is married, then add the following:]
With my consent:
ASA WA
Vendors Wife
(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment
64
O. Deed of Sale with Pacto de Retro (bilateral)
This Deed of Sale with Pacto de Retro made and executed by and between:
- and -
WITNESSETH: That
The VENDOR is the absolute owner of a certain parcel of land with all the buildings
and improvements thereon, situated in the City of Makati, and more particularly described,
as follows:
his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the
Register of Deeds of Makati;
IN WITNESS WHEREOF, I have signed this deed this 7 th day of July, 2007 at Makati
City.
MA YA MAN MA GU LANG
Vendor Vendee
(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment
65
P. Deed of Repurchase of land sold under Pacto de Retro
DEED OF RESALE
I, MA GU LANG, Filipino, married, of legal age, and resident of _______________, for and
in consideration of _______________ Pesos (P____), to me paid by MA YA MAN, Filipino, of legal
age, married and resident of ___________________, do hereby RESELL, RETRANSFER and
RECONVEY unto said MA YA MAN that certain parcel of land, with all the buildings and
improvements thereon, situated at Makati City, and more particularly described, as follows:
covered by Transfer (or Original) Certificate of Title No. ____ of the Registry of Deeds of
Makati, and which property was previously sold to under pacto de retro by the said MA YA
MAN on _____________, executed before Notary Public __________ and bearing Notarial
Registration No. ___, Page No. ____, Book No. ____ and Series of 20__ of his Notarial Register,
a copy of which is attached as ANNEX A.
IN WITNESS WHEREOF, I have signed this deed this 7 th of July, 2007 at Makati City.
MA GU LANG
Vendor
[Note: if vendor is married, marital consent must be secured; thus, the Deed must also
indicate this. If vendor is married, then add the following:]
With my consent:
BA TAPA
Vendors Wife
(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment
66
Q. Deed of Sale with Mortgage
This Deed of Sale with Pacto de Retro made and executed by and between:
- and -
WITNESSETH: That
The VENDOR-MORTGAGEE is the absolute owner of a certain parcel of land with all
the buildings and improvements thereon, situated in the City of Makati, and more
particularly described, as follows:
his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the
Register of Deeds of Makati;
It is hereby agreed and stipulated that the UNPAID BALANCE OF ____________ Pesos
(P____), of which amount _________________Pesos (P_____) shall be paid by the VENDEE-
MORTGAGOR to the VENDOR-MORTGAGEE at the latters residence, as follows:
IN WITNESS WHEREOF, I have signed this deed this 7 th day of July, 2007 at Makati
City.
MA YA MAN MA GU LANG
Vendor Vendee
(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment
67
R. Dacion en Pago (Deed of Assignment of Real Estate in payment of debt)
DEED OF ASSIGNMENT
This Deed of Assignment, made and executed by and between DAMI UTANG, Filipino,
of legal age, married to ALANG MALAY, with residence at _____________ (ASSIGNOR) and DAMI
LUPA, Filipino, of legal age, married to BIL MOKO, with residence at _______________
(ASSIGNEE), WITNESSETH:
That the ASSIGNOR is indebted to the ASSIGNEE in the sum of ___________ Pesos
(P______) and in full payment and complete satisfaction thereof hereby assign, transfer and
convey unto the ASSIGNEE that certain real estate with all the buildings and improvements
thereon, situated in ___________, and more particularly described as follows:
of which real estate the ASSIGNOR is the registered owner, his title thereto being evidenced
by Transfer (or Original) Certificate of Title No. ____________ of the Register of Deeds of
_____________.
That the ASSIGNEE does hereby accept this assignment in full payment of the above-
mentioned debt of ______________ Pesos (P_________).
IN WITNESS WHEREOF, the parties have signed this Deed on 7 July 2007 at Makati
City.
PLUS: Acknowledgment
68
S. Chattel Mortgag
CHATTEL MORTGAGE
That I, DAMI KOTSE, of legal age, married and resident of Makati, for and in
consideration of the loan of FIVE HUNDRED THOUSAND PESOS (P500,000.00), granted to me
by YAMAN NYA, also of legal age, married and resident of Makati, to be paid one (1) year
from date hereof, have transferred and conveyed by way of chattel mortgage unto said
YAMAN NYA, his heirs, successors and assigns, free from all liens and encumbrances that
certain motor vehicle, at present in my possession at my address, more particularly
described as:
of which I am the true and absolute owner by title thereto, being evidenced by Registration
Certificate of Motor Vehicle No. ______ issued in my name by the Land Transportation Office
on __________________.
This chattel mortgage has been executed in order to secure the full and faithful
payment of my obligation to YAMAN NYA in accordance with the terms and conditions of this
instrument; Upon payment, this contract shall become null and void; otherwise, it shall
continue in full force and effect and may be foreclosed in accordance with law.
IN WITNESS WHEREOF, I have signed this instrument on 7 July 2007 at Makati City.
DAMI KOTSE
We severally swear that DAMI KOTSE, mortgagor, and YAMAN NYA, mortgagee, have
executed the foregoing Chattel Mortgage in order to guarantee as good and binding the
obligations mentioned above and is not intended to defraud creditors.
UZI 1 UZI 2
PLUS: Acknowledgment
69
VII. APPEALS AND OTHER RESORTS TO APPELLATE COURTS IN CRIMINAL AND
CIVIL PROCEDURE
A. Ordinary appeal
1. in civil cases
a. from MTC (in original jurisdiction) to RTC (in appellate jurisdiction)
Checklist:
15 days from notice of judgment or final order
Notice of Appeal (Rule 40, Sec. 3)
o Parties
o Judgment or final order appealed from
o Material dates showing timeliness of appeal
Proof of payment of appellate court docket and other lawful fees (Rule
40, Sec. 4)
Memorandum for Appellant and Appellee (Rule 40, Sec. 7)
2. in criminal cases
a. From MTC (as trial court) to RTC (in appellate jurisdiction)
Checklist:
15 days from notice of judgment or final order
Notice of Appeal
Appellants Brief/Memorandum
Appellees Brief/Memorandum
70
B. Petitions for Revie
1. From RTC (as appellate court) or from quasi-judicial agencies to CA
Checklist:
15 days from notice of judgment or final order
extension of 15 days only
Full names of petitioner and respondent
Statement of Material Dates
Statement of Material Averments
Statement of Issues, Errors of Fact or Law
Argument
Verification and Certification against Forum Shopping
Attachments
o Certified true copy or duplicate original copy of judgment/final order
questioned
o Clear and legible copy of all pleadings and other material portions of the
record
Proof of Service and Explanation for Service by Registered Mail (if applicable)
71