You are on page 1of 54

ATENEO CENTRAL BAR OPERATIONS 2007

Legal Forms
SUMMER REVIEWER

This is a summary of basic forms.


List of requirements have been included.
For similar forms: the caption and the title have been omitted.
Only the allegations have been retained.

Pointers to Keep in Mind:


1. General Rule: Documents are printed on legal sized paper or 8.5 x 13.
Exception: Special Power of Attorney, Contracts, Negotiable Instruments such as Promissory note
2. Rule 8, Sec. 1-4, Rules of Court. Manner of Making Allegations in Pleadings
3. Rule 9, Sec. 1 & 11, Rules of Court. Effect of Failure to Plead
4. Rule 7. Parts of a Pleading (Certification against Non-Forum Shopping, Rule 5, Sec. 5)

SS the abbreviation of Scilicet means to wit; namely. It is used to particularize a general statement. The
omission of SS, in a legal document is not material so as to invalidate it.

I. CONTRACT FORMS

A. JURAT

It is that part of an affidavit where the officer certifies that the same was sworn before him. It is used in
affidavits, certifications verifications or whenever the person executing makes a statement of facts or attests to
the truth of an occurrence of an event, under oath.

SUBSCRIBED AND SWORN to before me this day of______, 2007 the affiant exhibiting to me his
Community Tax Certificate No.________ issued at Manila on January 2, 2006.

NAME OF NOTARY PUBLIC


Notary Public for the Province/City of __________
QuickTime and a
TIFF (Uncompressed) decompressor
Address
are needed to see this picture.
Appointment No. ______ until December, _____
Roll of Attorney No. _______
PTR No. _________;
IBP No. _________;
Series No. of Commission ______

Advisers: Poncevic Ceballos; Head: Maria Felicitas Ele; Understudies: Felippe Mart Closa, Judith Lee
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

Doc. No. _____


Page No._____
Book No._____
Series of 20___

B. NOTARIAL ACKNOWLEDGMENT

ACKNOWLEDGEMENT It is the act of one who has executed a deed, in going before some competent
officer or court and declaring it to be his act or deed. An acknowledgement is to authenticate an agreement
between two or more persons, or where the document contains a disposition of property

Two-fold function of an acknowledgment:


1. to authorize the deed to be given in evidence without further proof of its execution; and
2. to entitle it to be recorded.
The same purposes may be accomplished by a subscribing witness going before the officer or court and
making oath to the fact of the execution, which is certified in the same manner

BEFORE ME, this ___ day of ________, 20__ in the Municipality of ____________, Province of
_________________, Philippines, personally appeared ____________________, with Residence Certificate
No. ____________ issued at ___________, __________, on __________, known to me to be the same person
who executed the foregoing instrument, and he acknowledged to me that the same is his free act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day, year and
place above written.

NAME OF NOTARY PUBLIC


Notary Public for the Province/City of __________
Address
Appointment No. ______ until December, _____
QuickTime and a Roll of Attorney No. _______
TIFF (Uncompressed) decompressor
are needed to see this picture.
PTR No. _________;
IBP No. _________;
Series No. of Commission ______

Doc. No. _____ (or Not. Reg. No._____)

Page 2 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

Page No._____
Book No._____
Series of 20__.

C. DEED OF SALE

1. REGISTERED LAND
DEED OF ABSOLUTE SALE

I, __(seller)__, of legal age, married to __________, Filipino citizen, and a resident of ___________, in
consideration of the sum of __________ PESOS (P______), to me in hand paid by __(buyer)__, of legal age,
married to _________, Filipino citizen, and resident of _________, do hereby sell and convey unto said
__(buyer)__, his heirs and assigns, a parcel of land with the improvements thereof situated in __________, and
more particularly described as follows:

(Description)

of which I am the registered owner in accordance with the Land Registration Act, as amended, my title thereto
being evidenced by Original/Transfer Certificate of Title No. _____ issued by the Register of Deeds of _______.

IN WITNESS WHEREOF, I have hereunto signed these presents at the city of ________, on this __
day of ______, 2007.

____________________
(Vendor)

WITH MY MARITAL CONSENT:

_____________________
QuickTime and a
TIFF (Uncompressed) decompressor
are needed to see this picture.

SIGNED IN THE PRESENCE OF:

__________________________

__________________________

Page 3 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

ACKNOWLEDGMENT

2. PERSONAL PROPERTY

BILL OF SALE

KNOW ALL MEN BY THESE PRESENTS:

I, __(seller)__, of legal age, residing at ________________, for and in consideration of the sum of
_________________ PESOS (P__________), Philippine currency, to me paid by__(buyer)__, also legal age
and residing at _______________, receipt whereof is hereby acknowledged, do hereby SELL and CONVEY
unto the said __(buyer)__, his heirs and assigns, the following property:

(Description of Property)

I further covenant with the said __(seller)__ that I own and have the right to sell and transfer the title
and ownership of the abovedescribed property; I will defend the same against the claims of any and all
persons whatsoever.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of __________, 2007,
____________, Philippines.
_________________
(Vendor)

Signed in the presence of:


__________________

__________________

ACKNOWLEDGMENT

QuickTime and a
TIFF (Uncompressed) decompressor
D. CONTRACT OFare
LEASE
needed to see this picture.

CONTRACT OF LEASE

__(full name of lessor)__, of age, single / married, with residence and post-office address at
_____________________________; hereby leases unto __(lessee)__ of age, single / married, that certain
premises at _________________, under the following terms and conditions:

Page 4 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

1. That the term of this lease shall be ___________________;

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

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

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

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

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

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

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

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

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

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

_________________ ___________________
(Lessor) (Lessee)
QuickTime and a
TIFF (Uncompressed) decompressor
are needed to see this picture.

WITNESSES:
_______________________

_______________________

Page 5 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

ACKNOWLEDGMENT

E. DEED OF DONATION

DEED OF DONATION

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF DONATION, entered into by and between:

______________, Filipino, of legal age, single, with residence at ______________ and


hereafter called the DONOR,

and

______________, Filipino, of legal age, single, with residence at _________________ and


hereafter called the DONEE.

WITNESSETH:

That the DONOR is the absolute owner of that certain real property situated at ____________________and
more particularly described in Transfer Certificate of Title No. _______ of the Register of Deeds of ________,
as follows:

(Description of property)

That, for and consideration of the love and affection of the DONOR for the DONEE (insert consideration for
the donation such as for faithful services the donee rendered the donor), the said DONOR by theses presents
does hereby TRANSFER AND CONVEY by way of DONATION, unto the said DONEE, the above-mentioned
real property, free from all kinds of liens and encumbrances whatsoever;

That the DONEE does hereby ACCEPT the foregoing donation of the above-described property for which
he/she expresses his/her sincerest
QuickTime and a appreciation and gratitude for the kindness and liberality shown by the
TIFF (Uncompressed) decompressor
DONOR. are needed to see this picture.

IN WITNESS WHEREOF, the parties hereto have signed these presents, at _______ City, this ___ day of
__________, 2007.

Page 6 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

________________________ ________________________
(Donor) (Donee)

WITNESSES:
______________________

______________________

ACKNOWLEDGMENT

E. PROMISSORY NOTE

DATE_________________

P_________________, Philippines

_______months (or days) after date, I promise to pay, for value received, to ___________ or order the sum
of_____________________ PESOS, with interest at _____ percent per annum until fully paid. The makers and
indorsers severally waive presentment for payment, protest and notice of non-payment of this note.

___________________
(Maker)

F. BILL OF EXCHANGE

___________City, May__, 2007

For value received, pay to __(payee)__ or order the sum of __________ (P_________) PESOS,
Philippine Currency, and charge the same to the account of __(drawer)__.

_____________________
QuickTime and a (Drawer)
TIFF (Uncompressed) decompressor
are needed to see this picture.

G. REAL ESTATE MORTGAGE

REAL ESTATE MORTGAGE

Page 7 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

KNOW ALL MEN BY THESE PRESENTS:

This REAL ESTATE MORTGAGE, made and executed by and between:

____________________, MORTGAGOR, Filipino, of legal age, single / married to


______________________ with post-office address at ___________________ ; and

____________________, MORTGAGEE, Filipino, of legal age, single / married to


______________________ with post-office address at ___________________

WITNESSESTH:

That the MORTGAGOR does hereby convey by way of REAL ESTATE MORTGAGE unto the
MORTGAGEE the following described real property, situated in ______________________, together with all
the improvements, to wit:

(Description)

of which real property the MORTGAGOR is the registered owner in accordance with the provisions of the Land
Registration Act, his title thereto being evidenced by Transfer / Original Certificate of Title No.
_______________, of the land registry of ______________;

That this real estate mortgage is given as security for the payment to the mortgagee of a certain
promissory note, dated ______________ for the sum of ___________ PESOS (P ______________), with
interest thereon at the rate of ___________ per centum (__%) per annum, according to the terms thereof and
in the words and figures as follows:

(Copy promissory note)

That the conditions of this REAL ESTATE MORTGAGE are such that if the mortgagor shall well and
truly pay or cause to be paid unto the mortgagee the aforesaid sum with accrued interest, then this mortgage
shall be of no further force and effect; OTHERWISE, the same shall remain in full force and effect and shall be
enforceable in the manner provided by law.

QuickTime and a
TIFF (Uncompressed) decompressor
IN WITNESS WHEREOF,
are needed the mortgagor has hereunto set his hand, this __ day of ________________,
to see this picture.

2007 in __________________, Philippines.

____________________ ____________________
(Mortgagor) (Mortgagee)

Page 8 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

Signed in the presence of:


_________________________

_________________________

ACKNOWLEDGMENT

H. CHATTEL MORTGAGE

DEED OF CHATTEL MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

This CHATTEL MORTGAGE, made and executed by __(mortgagor)__, Filipino, of legal age, single (or
married to __________________), with residence and post-office address at _______________________
hereinafter called the MORTGAGOR in favor of __(mortgagee)__, Filipino, of legal age, single (or married to
____________________), with residence and post-office address at __________________ hereinafter called
the MORTGAGEE,

Witnesseth:

That the MORTGAGOR does hereby convey by way of chattel mortgage unto the MORTGAGEE the
following described personal property, situated and ordinarily kept at ___________________ and presently in
the possession of the said MORTGAGOR, to wit:

(Specify and describe the article or articles mortgaged.)

That this CHATTEL MORTGAGE is given as security for the payment to the MORTGAGEE, of a certain
promissory note, dated ____________________, for the sum of _____________ PESOS (P___________),
with interest thereon at the rate of __________________ (__%) per centum per annum, according to the terms
thereof, and in the words and figures following:

(Copy the promissory note)


QuickTime and a
TIFF (Uncompressed) decompressor
are needed to see this picture.

That the condition of this CHATTEL MORTGAGE is such that if the said MORTGAGOR, his heirs,
executors, or administrators shall well and truly perform the full obligation above stated according to the terms
thereof, then this CHATTEL MORTGAGE shall be null and void; otherwise, it shall remain in full force and effect
and shall be enforceable in the manner provided for by law.

Page 9 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

IN WITNESS WHEREOF, the MORTGAGOR has hereunto set his hand, this __ of ______________,
2007, in _________________, Philippines.

________________________
(Mortgagor)

Signed in the presence of:


_________________________

_________________________

ACKNOWLEDGMENT

Affidavit of Good Faith

WE, the undersigned MORTGAGOR and MORTGAGEE, severally swear that the foregoing chattel
mortgage is made and executed for the purpose of securing the obligation specified therein, and for no other
purpose, and that the same is a just and valid obligation, and one not entered into for the purpose of fraud.

_______________________ ______________________
(Mortgagor) (Mortgagee)

JURAT

I. PLEDGE

PLEDGE

This AGREEMENT, made and entered into this ___ day of __________, 2007 by and between
__________ of age, single, and residing at _________________, Philippines, now and hereinafter called the
Pledgor, and _______________________ likewise of age, married, and residing at
________________________, Philippines, now and hereinafter called the Pledgee.

QuickTime and a Witnesseth:


TIFF (Uncompressed) decompressor
are needed to see this picture.

That WHEREAS, the Pledgor has executed a promissory note dated ______, 2007, in favor of the
Pledgee and made payable within ____ (__) days after date at ________________, Philippines, for amount of
___________________ (P_______) Pesos, Philippine Currency;

WHEREAS, the Pledgor has agreed with the Pledgee to secure the payment of the said note;

Page 10 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

NOW THEREFORE, in consideration of the premises and mutual covenants herein contained, the
Pledgor has, as a collateral security for the payment of the aforementioned note and by way of pledge,
deposited with the said Pledgee the following personal property of his own exclusive ownership, and of which
he has the free disposal, to wit:

(Description of Property)

And the said parties to this instrument agree that the Pledgee who acknowledges receipt of the
aforementioned personal property of the Pledgor shall take good care of the said property until redeemed by
the said Pledgor;
That should the said note or any part thereof, or interest to grow thereon, remain due and unpaid, after
the said note shall have been due, according to the terms thereof, the said Pledgor, irrevocably empowers and
authorizes the said Pledgee, his heirs, executors, administrators and assigns, to sell or dispose of the above-
mentioned property or any part thereof at public auction as provided for in Article 2112, of the Civil Code, from
the proceeds of such sale to pay the principal and interest of the said note, and all such costs as may be
incurred by virtue of such sale; and
That in case of deterioration or fall in the price or market value of the personal property herein pledged,
the Pledgor hereby agrees to put up additional security in proportion to the deterioration or fall in market value
of the same, and in default of which, the said note shall be considered due and payable under the above
stipulation; but in the event of payment of said note and interests due therefrom,this agreement is to be void,
and the above-named securities are to be returned to the Pledgor.
IN WITNESS WHEREOF, we have set our hands this __ day of _____, 2007 at ___________,
Philippines.

______________________________
Pledgor

_______________________________
Pledgee

In the presence of:

QuickTime and a
TIFF (Uncompressed) decompressor
_________________________
are needed to see this picture.

_________________________

ACKNOWLEDGMENT

Page 11 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

J. SPECIAL POWER OF ATTORNEY

SEE Art. 1878 of the New Civil Code for the instances for special power of attorney.

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

1. That I, __(principal)__, Filipino citizen, of legal age, single (or married to __________), residing at
_________________ have filed a complaint for damages against _____________, Civil Case No. ____,
Regional Trial Court of _______;

2. That said case was scheduled for pre-trial on __________;

3. That in view of the fact that I cannot attend said pre-trial because I am making a business trip to
Japan, I have authorized by these presents my counsel, __(counsels name)__, of legal age, single (or
married), residing at ________________ to be my true and lawful attorney, for me and in my name, place, and
stead for the pre-trial _________________, to represent me and giving him full powers to enter into pre-trial
and stipulate facts in accordance with law.

IN WITNESS WHEREOF, I have hereunto set my signature this, __ day of _______, 2007 at
________.

________________________
Principal
Witnesses:

________________________

________________________

QuickTime and a ACKNOWLEDGMENT


TIFF (Uncompressed) decompressor
are needed to see this picture.

K. ASSIGNMENT

DEED OF ASSIGNMENT

Know All Men By These Presents:

Page 12 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

That I, ________________, of legal age, single/married to _____________ and residing at


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

______________________
(Assignor)

_______________________
(Assignee)

In the presence of:

QuickTime and a
TIFF (Uncompressed) decompressor
_______________________
are needed to see this picture.

_______________________

ACKNOWLEDGMENT

Page 13 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

L. BOARD RESOLUTION AUTHORIZING CORPORATE OFFICER

REPUBLIC OF THE PHILIPPINES }


MAKATI CITY } S.S.

SECRETARYS CERTIFICATE

I, Katerina Staahl, Filipino, of legal age, with office address at 1434 Ayala Avenue, Makati City, after
being sworn in accordance with law, do hereby depose and state as follows:

1. That I am the incumbent Corporate Secretary of Disk Drives Unlimited, a corporation duly organized
and existing under Philippine laws, with principal office at 1434 Ayala Avenue, Makati City,;
2. That during the special meeting of the Board of Directors held on 5 January 2007, wherein a quorum
was present and acted throughout, after being informed of the necessity of obtaining loans and/or credit
accommodation with any banking/ lending institution, to generate funds for the purpose of expanding
the business of exporting hard disk drives, the Board approved the following resolution, to wit:

RESOLUTION NO. BD-028-2007

RESOLVED, as it is hereby resolved, that the corporation be empowered and


authorized to apply for, negotiate, obtain loans from DI BASTA BASTA BANKING INC.,
including the renewal, extension and/or increase, rollover or restructuring thereof,
and/or of its existing credit facilities in such amount(s) and under such terms and
conditions as may be mutually agreed upon, and to secure and guarantee the payment
of the aforesaid loan or credit facilities by means of mortgage, pledge, assignment or
any other form of encumbrance upon any and all properties or assets of the
corporation of whatever kind or nature, real or personal, as may be sufficient or
required for the purpose.

RESOLVED FURTHER, as it is hereby resolved, that ISIDRO BARRIOS, the


President, be authorized
QuickTime and a to sign, execute, and deliver any and all documents including
TIFF (Uncompressed) decompressor
butarenot limited to loan application, disclosure statement, purpose sheet, application for
needed to see this picture.

letters of credit, promissory note, draft, surety agreement, trust receipt, mortgages,
pledge, assignment, and the like, including the
renewals/extensions/increase/amendments/restructuring thereof, in order to effectuate
the foregoing matters.

Page 14 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

NAME POSITION SIGNATURE


Isidro Barrios President

RESOLVED FINALLY that DI BASTA BASTA BANKING INC. be furnished a


copy of the foregoing resolutions for its guidance and may continue to rely on the
authority conferred thereon, including the renewal, increase, roll-over and/or
restructuring thereof, unless and except to the extent that the foregoing resolutions
shall be revoked or modified by the receipt of any subsequent resolution/s of the Board
of Directors of the Corporation.

3. That the foregoing Resolution remains valid and has not in any manner been novated, revoked, nor
repealed to date.

AFFIANT FURTHER SAYETH NAUGHT.

Issued this 20th day of March 2007 at Makati City.

___________________________
Corporate Secretary

II. JUDICIAL FORMS

A. CAPTION

REPUBLIC OF TE PHILIPPINES
SUPREME COURT
QuickTime and a
TIFF (Uncompressed) decompressor
are needed to see this picture. Manila

REPUBLIC OF THE PHILIPPINES


COURT OF APPEALS
Manila

Page 15 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Manila, Branch 12

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT OF MANILA
Manila, Branch 12

REPUBLIC OF THE PHILIPPINES


MUNICIPAL TRIAL COURT
Batangas City, Branch 8

REPUBLIC OF THE PHILIPPINES


SECOND JUDICIAL REGION
MUNICIPAL TRIAL COURT
Sta. Maria, Bulacan

B. TITLE

BITOY VALENZUELA
Plaintiff,

-versus- *Civil Case No. 21


For: A Sum of Money

PAOLO ONTI, QuickTime and a


TIFF (Uncompressed) decompressor
Defendant. are needed to see this picture.

x------------------------------------------------x

Page 16 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

* For civil cases file before ordinary courts. Use Crim. Case No. for criminal cases and Sp. Proc No. for
Special Proceedings cases. If filed before the Supreme Court or the Court of Appeals, use G. R. No., or CA-GR
No., respectively.

C. SIGNATURE OF COUNSEL

BITOY VALENZUELA
Counsel for ___(plaintiff/ defendant)__
Address: _______________
Roll of Attorney No. _______________
IBP No. ____________, issued
on _______ at __________.
PTR No. _____________, issued
on _______ at __________.

D. PROOF OF SERVICE

RECEIVED COPY this __


day of ________, 2007.

Name of Counsel
Cousel for Plaintiff / Defendant (adverse party)
Roll of Attorneys No. ______
IBP OR No. ______, issued on ______ at _________.
PTR OR No. ______, issued on ________ at ________.

E. NOTICE OF HEARING

It is important to note that the a notice of hearing shall be required only to petitions or motion before trial courts,
such as the MTC and the RTC, and not to the CA and the SC.

QuickTime and a
TIFF (Uncompressed) decompressor
are needed to see this picture.

Name of counsel
Counsel for __(adverse party)__
Address: ___________________

Sir / Maam:

Page 17 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

Please be informed that the undersigned counsel has set the foregoing motion (or petition) for hearing on
______ at 8:30 a.m. for the consideration of the Honorable Court or soon thereafter as counsel may be heard.

Signature of Counsel

F. EXPLANATION

EXPLANATION 1
Copy of the foregoing complaint was served upon defendants counsel by registered mail, personal
service not being practicable at the present time, due to the messengerial constraints.

G. VERIFICATION

VERIFICATION It is an averment by the party making a pleading that he is prepared to establish the truth of
the facts which he has pleaded. A pleading is verified by an affidavit stating that the person verifying has read
the pleading and that the allegations thereof are true of his own knowledge.

Verifications based on information and belief, or upon knowledge, information, and belief shall be deemed
insufficient. (Rule 7, Sec. 6, Revised Rules of Court)

__(Name of affiant)__, after being sworn in accordance with law, deposes and says: That he (her) is
the petitioner in the above-entitled case; that he has caused the (above) foregoing petition (complaint) to be
prepared and has read the contents thereof; that the allegations therein are true and correct of his (her) own
knowledge.

___________________________
Affiant

JURAT

QuickTime and a
TIFF (Uncompressed) decompressor
are needed to see this picture.

H. CERTIFICATION AGAINST NON-FORUM SHOPPING

CERTIFICATE OF NON-FORUM SHOPPING

1
Necessary when service is by means other than personal service.

Page 18 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

I, _________________, plaintiff, of legal age, a Filipino citizen, with address at ___________________,


in the above-entitled case, do hereby certify under oath that:

1. I have not heretofore commenced any action or proceeding involving the same issues before
the Supreme Court, the Court of Appeals, or any other tribunal or agencies;

2. To the best of my knowledge, no such action or proceeding is pending in the Supreme Court,
Court of Appeals, or any of their Divisions, or in any other tribunal or agency

- Or -

[To the best of my knowledge, an action or proceeding involving the same issues is pending in
the (name of the court) in (title and number of case), and its present status is (status of pending case)

3. If I should hereafter learn that a similar action or proceeding has been filed or is pending before
the supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report such
fact within five (5) days therefrom to the Honorable Court.]

Place and date.

_____________________
(Signature of Plaintiff)

JURAT

J. VERIFICATION AND CERTIFICATION AGAINST NON-FORUM SHOPPING

VERIFICATION AND CERTIFICATION AGAINST NON-FORUM SHOPPING

I, ___________, of legal age, after being sworn in accordance with law, depose and state that:

1. I am the plaintiff in this case. I have been duly authorized to execute this verification and
certification.
QuickTime and a
TIFF (Uncompressed) decompressor
2. I have are
read the contents of the complaint and attest that the same are true and correct based on
needed to see this picture.

the authentic records and my personal knowledge.

3. To the best of my/plaintiff's knowledge, no other similar action is pending in the Supreme Court ,
the Court of Appeals, Regional Trial Court Metropolitan and Municipal Trial Court, or any other

Page 19 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

tribunal or agency, I/plaintiff hereby undertake to report that fact to this Honorable Court within five
(5) days from discovery.

IN WITNESS HEREOF, I have hereunto set my hand this _________.

_____________________________
(Signature of Complainant)

K. GENERAL FORMAT OF A PLEADING

Republic of the Philippines


National Capital Judicial Region
Regional Trial Court
Branch _____, Makati City

________________,
Plaintiff,

-versus- Civil Case No._____


For:_____________
________________,
Defendant.

x------------------------------------x

(TITLE)
(Plaintiff/Defendant), through Counsel, unto this Court, respectfully alleges:

(Body)
- Allegations -

QuickTime and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
(Prayer)
WHEREFORE, it is respectfully prayed that____________________.

(Plaintiff/Defendant) prays for such other reliefs as this Honorable Court may deem just and equitable.

Page 20 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

Makati City, Metro Manila, ____(Date)____.

Signature of Counsel

VERIFICATION, if required

CERTIFICATE OF NON-FORUM SHOPPING, when appropriate

NOTICE OF HEARING, if required

PROOF OF SERVICE

EXPLANATION

CIVIL

(CAPTION, TITLE, AND SIGNATURE OF ATTORNEY OMITTED.


ONLY PERTINENT ALLEGATIONS HAVE BEEN RETAINED)

SUMMARY OF REQUIREMENTS FOR COMPLAINT and/or OTHER INITIATORY PLEADINGS


1. Caption
2. Parties
3. Allege ultimate facts and other material allegations
4. Arguments, supported by pertinent provisions of law and jurisprudence
5. Prayer/Relief Sought
6. Signature of Counsel
7. Verification/Certificate of Non-Forum Shopping (initiatory pleading)
8. Notice of hearing

QuickTime and a
A. Complaint forTIFF
Collection
(Uncompressed) of Sum of Money
decompressor
are needed to see this picture.

(Copy Caption and Title)

COMPLAINT

1. Plaintiff ______________ (hereafter Plaintiff) is a Filipino citizen, of legal age, married and

Page 21 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

residing at ____________________ where he may be served with court processes, motions, and decision;

2. Defendant _______________ (hereafter Defendant) is a Filipino citizen, of legal age, and


residing _______________________________ where he may be served with summons and other court
processes;

3. That on August 1, 1990, defendant executed a promissory note in favor of the plaintiff in the
amount of P________ payable within 30 days from the date of the promissory note (attached as Annex A)
which reads as follows:

Manila, Philippines
1 August 1990

I promise to pay Juan dela Cruz the sum of P50,000 or order within 30 days from this
date.
PEDRO REYES

4. That the 30-day period had elapsed and despite demands made orally and in writing (attached
as Annex B) by the plaintiff, defendant refused and failed to pay the amount stated in the promissory note.

5. That due to the unjust refusal of defendant to comply with the demands, plaintiff was compelled
to file the instant action engaging the services of counsel in the amount of P10,000.00.

WHEREFORE, plaintiff respectfully prays for judgment in his favor through a Decision directing
defendant to pay him FIFTY THOUSAND PESOS (P50,000.00), with legal interest, as ACTUAL DAMAGES and
TEN THOUSAND PESOS (P10,000.00) as Attorneys Fees.

Other just and equitable reliefs are also prayed for.

Place and date.

Signature of Counsel

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING


QuickTime and a
TIFF (Uncompressed) decompressor
are needed to see this picture.

B. Complaint for Ejectment


(Copy Caption and Title)

COMPLAINT

Page 22 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

PLAINTIFF, by counsel, respectfully states that:

1. Plaintiff is a foreign corporation organized and existing under the laws of France with business
address at 111 Ocean Drive, Tuna Compound, Quezon City; Defendant is a Filipino, of legal age, single and
currently resident of 112 Ocean Drive, Tuna Compound, Quezon City, where he may be served with summons
and other pertinent processes.

2. Plaintiff owns that property located at 112 Ocean Drive, Tuna Compound, Quezon City which it
leased to defendant under the terms and conditions stated in the Contract of Lease dated 1 January 1995,
which contract expires on 31 December 1996. A copy of the contract is attached as ANNEX A.

3. Upon expiration of the contract, plaintiff informed defendant of its intention not to renew the lease as
it would use the property for its business expansion; plaintiff then asked defendant to vacate the premises. A
copy of plaintiffs letter to defendant is attached as ANNEX B.

4. Despite demand duly made and received, defendant has refused to vacate the premises and
continues to occupy the property without plaintiffs consent. Resort to the Barangay conciliation system proved
useless as defendant refused to appear before the Lupong Tagapamayapa. A Certification to File Action is
attached as ANNEX C.

5. Defendants act of dispossession has caused plaintiff to suffer material injury because plaintiffs
business expansion plans could not be implemented despite the arrival of machineries specifically leased for
this purpose at the rental rate of US$500 per month. Defendants continued occupation of the premises has
also forced plaintiff to sue and to incur legal expenses amounting to Fifty Thousand Pesos (PHP50,000.00).

WHEREFORE, plaintiff respectfully prays for judgment in its favor by ordering defendant to vacate the
property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff the amount of
US$3,500 representing rentals on the machineries for seven (7) months and Fifty Thousand Pesos
(P50,000.00) for Attorneys fees.

Other just and equitable reliefs are also prayed for.

Place and date.


QuickTime and a
TIFF (Uncompressed) decompressor
are needed to see this picture.

Signature of Counsel

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

Page 23 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

C. Complaint for Unlawful Detainer

(Copy Caption and Title)

COMPLAINT
COMES NOW, the plaintiff through undersigned counsel, and to this Honorable Court respectfully
alleges:
1. That plaintiff is married, Filipino citizen and residing at _______________ where he may be
served with court processes, motions, and decision while defendant is a Filipino citizen, married and residing at
____________________ where he may be served with summons and other court processes;

2. That plaintiff is the owner of a land over which an apartment had been constructed, located at
436 Rizal Avenue, Manila;

3. That by virtue of a contract of lease, plaintiff leased unto the defendant the aforesaid apartment
for a consideration of P5,000.00 (Five Thousand Pesos) a month as rental to be paid within the first ten days of
each month starting December 1, 2006;

4. That defendant failed to pay the agreed rental for several months starting from February 2007
up to the present;

5. That on April 2, 1993, plaintiff sent a letter of demand to vacate the apartment which was
received by the defendant as shown in the registry return receipt hereto attached;

6. That despite said letter of demand which was repeated by oral demands defendant failed and
still refused to pay the agreed amount of rentals and to vacate the apartment;

7. That by reason of the failure of the defendant to vacate the premises and to pay the unpaid
rentals, plaintiff was compelled to file this complaint engaging he services of counsel in the amount of P10,000.

WHEREFORE, it is respectfully prayed that judgment be rendered ordering the defendant to vacate the
premises to pay the unpaid monthly rentals in the amount of P50,000 and further rentals until the said
defendant fully vacates the premises and to pay the costs of the suit.
QuickTime and a
TIFF (Uncompressed) decompressor
Plaintiff prays for such other remedy, as this Honorable Court may deem just and equitable.
are needed to see this picture.

Place and date.

Signature of Counsel

Page 24 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

E. Complaint before the Lupon Tagapamayapa

Republic of the Philippines


Province of_________
City/Municipality______
Barangay________

________________,
Complainant,

-versus- Barangay Case No._____


For:_____________
________________,
Respondent.

x------------------------------------x

COMPLAINT
I hereby complain against respondent ____________ for violation of my rights and interest committed
in the following manner:
(Body)
- Allegations -

(Prayer)

WHEREFORE, it is respectfully prayed that____________________

Copy relief prayed for


Made this_____day of__________, 200__
Punong Barangay/ Lupon
QuickTime and aChairman
TIFF (Uncompressed) decompressor
are needed to see this picture.

Summons and notices of hearing sent to the parties. If the parties could not settle their dispute, the Pankat
Secretary of the Office of the Lupon Tagapamayapa shall issue a Certificate to file action.

Page 25 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

F. Answer with Special and Affirmative Defenses and Counterclaim

(Caption and Title)

ANSWER

COMES NOW, the defendant, through the undersigned counsel, in the above-entitled case and to this
Honorable Court most respectfully alleges:

1. Defendant admits averment in paragraphs 1,2 and 3 of the complaint;


2. Defendant specifically denies the allegation in paragraph 4 of the complaint, the truth being that
(fact being claimed by the defendant as the true state of facts or truth in the special and affirmative
defenses herein set forth):
3. Defendant has no knowledge or information to form a belief as to the truth of the averment in
paragraphs 5, 6, 7 and 8 of the complaint

By way of special and affirmative defenses, the defendant avers:

1. The obligation has been paid


2. The cause of action has prescribed

By way of counterclaim, defendant alleges:

1. That by virtue of this unwarranted and malicious act initiated by the plaintiff, the defendant was
forced to engage the services of counsel in the sum of twenty-thousand pesos (P20,000).

WHEREFORE, it is respectfully prayed that the complaint be dismissed and defendant be awarded the
amount of __________ pesos (P _________).

Other equitable reliefs are likewise prayed for.

Place and date.

QuickTime and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
Signature of Counsel

G. Motion for Extension of Time

(Copy Caption and Title)

Page 26 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

MOTION FOR EXTENSION OF TIME

PLAINTIFF, by counsel, respectfully states that:

1. He has been directed to file a Reply to defendants Answer by 10 January 2007.

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 January 2007 or until 25 January 2007,
within which to submit plaintiffs Reply.

3. This motion is not intended for delay but is motivated only by the foregoing reason.

WHEREFORE, plaintiff respectfully prays that he be granted an additional fifteen (15) days from 10 January
2007, or until 25 January 2007, within which to submit plaintiffs Reply.

Quezon City; 1 August 1999.

Signature of Counsel

NOTICE OF HEARING 2

PROOF OF SERVICE

EXPLANATION

H. APPEARANCE OF COUNSEL

(Copy Caption and Title)

ENTRY OF APPEARANCE

THE BRANCH CLERK OF COURT


QuickTime and a
TIFF (Uncompressed) decompressor
Regional Trial Courtare needed to see this picture.
Quezon City-Branch 101

Please enter the appearance of the undersigned as counsel for defendant _______________, with her

2
Notice of hearing shall not be necessary in case of a motion for extension of time filed by defendant to submit answer to a complaint
for the such an extension is a matter of right on the part of the defendant, therefore making a hearing unnecessary.

Page 27 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

express conformity as indicated below, in this case. Henceforth, kindly address all pertinent notices to the
undersigned at the address given below.

RESPECTFULLY SUBMITTED.

Place and date.

Signature of Counsel
WITH MY CONFORMITY:

__________________________
(Defendant)

PROOF OF SERVICE

EXPLANATION

I. WITHDRAWAL OF COUNSEL

(Copy Caption and Title)

WITHDRAWAL OF APPEARANCE

THE BRANCH CLERK OF COURT


Regional Trial Court
Quezon City-Branch 101

Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff
__________________, 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.
QuickTime and a
TIFF (Uncompressed) decompressor
Place and date.
are needed to see this picture.

Signature of Counsel

WITH MY CONFORMITY:

Page 28 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

_________________________
(Plaintiff)

J. Motion to Dismiss

(Copy Caption and Title)

MOTION TO DISMISS

COMES NOW, the defendant, through counsel, respectfully moves this Honorable Court to dismiss the
plaintiffs complaint on the following grounds:

1. That the claim set forth in the plaintiffs complaint has been released;

2. That said claim or demand is unenforceable under the provisions of the statute of frauds.

ARGUMENTS

(a) That the claim or demand set forth in the plaintiffs complaint has been released.

(Here state the reasons to support the first ground.)

(b) That said claim or demand is unenforceable under the provisions of the Statute of Frauds.

(Here state the reasons to support the second grounds.)

WHEREFORE, in view of all the foregoing, the undersigned attorney prays that plaintiffs complaint to
be dismissed, with costs against the plaintiff.

Place and date.

QuickTime and a Signature of Counsel


TIFF (Uncompressed) decompressor
are needed to see this picture.

NOTICE OF HEARING

PROOF OF SERVICE

EXPLANATION

Page 29 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

K. Motion to Declare Defendant in Default

(Copy Caption and Title)

MOTION TO DECLARE DEFENDANT IN DEFAULT

PLAINTIFF, by counsel, respectfully states that:

1. Plaintiff filed this Complaint against defendant on 1 January 2007; summons were served on
defendant on 20 January 2007, as indicated by the Sheriffs Return of even date, a copy of which is attached as
ANNEX A.

2. Defendants reglementary period to file Answer ended on 5 February 2007; no motion for extension
of such period was filed nor was any granted motu propio by this Honorable Court. Despite the lapse of time,
defendant has failed to answer the Complaint against her; plaintiff is entitled to a declaration of default and the
right to present evidence ex parte against defendant.

WHEREFORE, plaintiff respectfully prays that defendant be declared in default and that plaintiff be
allowed to present evidence ex parte before the Clerk of Court acting as Commissioner.

Place and date.

Signature of Counsel

NOTICE OF HEARING

PROOF OF SERVICE

EXPLANATION

L. Motion to Lift Order QuickTime


of Default and a
TIFF (Uncompressed) decompressor
are needed to see this picture.

(Copy Caption and Title)

MOTION TO LIFT ORDER OF DEFAULT AND


FOR NEW TRIAL
COMES NOW, L, defendant in the above-entitled case through the undersigned counsel and to this

Page 30 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

Honorable Court respectfully alleges:

1. That the summons issued by this court was served in an address which was not the correct
address of the defendant as he is now living in another city which is _______________;

2. That the defendant was not duly informed about said complaint against him, hence, he was not
able to file the answer;

3. That if properly served with the summons he will file his answer and has a good and valid
defense.

WHEREFORE, defendant respectfully prays the order of default issued by this Honorable Court be
lifted and he be allowed to file his answer and a new trial be held.

Place and date.

Signature of Counsel

NOTICE OF HEARING

PROOF OF SERVICE

EXPLANATION

M. Pre-trial Brief

(Copy Caption and Title)

PRE-TRIAL BRIEF

DEFENDANT, by counsel, respectfully submits his Pre-Trial Brief, as follows:


QuickTime and a
TIFF (Uncompressed) decompressor
I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT
are needed to see this picture.

AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT

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.

Page 31 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, defendant respectfully submits that
the desired terms of any amicable settlement would involve, first, a clarification of the actual extent of any
obligation due and owing to plaintiff inasmuch as there is nothing to indicate defendants obligations to plaintiff
and, second, a schedule of payments.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

(Allege summary of claims and defenses.)

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

3.1. Defendant admits only those facts stated in her Answer, i.e., her personal circumstances, receipt
of the demand letter dated __________ and her reply to the demand letter.

3.2. Subject to a concrete proposal for stipulation of additional facts from plaintiff during pre-trial or
even thereafter, defendant admits no other facts stated in the Complaint.

IV. ISSUES TO BE TRIED

4.1. Defendant submits that the following issues put forward by plaintiff are subject to proof:

4.1.1. Plaintiffs personality to seek legal reliefs;


4.1.2. Plaintiffs entitlement to the amount claimed;

4.2. Defendant submits that the following issues she put forward are subject to proof:

4.2.1. Plaintiffs bad faith in filing this suit;


4.2.2. Defendants entitlement to the claims made in her Compulsory Counterclaim as a result
of plaintiffs bad faith;

V. EVIDENCE

5.1. Defendant intends to present the following witnesses:

QuickTime and a
TIFF (Uncompressed) decompressor
(Enumerateareand describe
needed evidence sought to be presented.)
to see this picture.

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.

Page 32 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

VI. RESORT TO DISCOVERY

6.1. Considering the relatively simple issues presented, defendant does not intend to avail of discovery
at this time.

6.2. Subject, however, to a concrete and reasonable request for discovery from plaintiff, defendant
reserves the right to resort to discovery before trial.

RESPECTFULLY SUBMITTED.

Place and date.

Signature of Counsel

PROOF OF SERVICE

N. Motion for Postponement

(Copy Caption and Title)

MOTION FOR POSTPONEMENT OF HEARING

COMES NOW the defendant, by the undersigned counsel, unto this Honorable Court respectfully
states:

That the above-entitled case is set for hearing on March 9, 2007;

That counsel for defendant is afflicted with _____ and is now under the medical care of Dr. Estrada. A
copy of the physicians certificate under is hereto attached.

WHEREFORE, it is respectfully prayed that the hearing set on July 9, 2007 be set to another day
preferably on the first week of August
QuickTime and a 2007 or at the convenience of this Honorable Court.
TIFF (Uncompressed) decompressor
are needed to see this picture.

Place and date.

Signature of Counsel

Page 33 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

NOTICE OF HEARING

PROOF OF SERVICE

EXPLANATION

O. Motion for Intervention

(Copy Caption and Title)

MOTION FOR INTERVENTION

COMES NOW, ___(Name of Intervenor)___, by undersigned counsel and to this Honorable Court
respectfully alleges:

1. (allege facts showing intervenors legal interest in the matter under litigation, and that he may
be adversely affected by the result of the proceedings)
2. Allowing movant to intervene will not unduly delay the adjudication of the case and will prevent
multiplicity of suits
3. Copy of the complaint-in-intervention is attached hereto and is served on the original parties, as
shown by the service of motion along with its enclosed complaint-in-intervention.

WHEREFORE, __(Name of Intervenor)__ respectfully prays that he be allowed to intervene in the case
as party plaintiff; that the attached complaint-in-intervention be admitted; and that defendants be ordered to file
their answer to the complaint-in-intervention.

Place and date.

Signature of Counsel

NOTICE OF HEARING UPON PLAINTIFF AND DEFENDANT


QuickTime and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
PROOF OF SERVICE

EXPALANATION

Page 34 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

P. Application for Issuance of SUBPOENA DUCES TECUM / AD TESTIFICANDUM

The Clerk of Court


RTC, Makati

Sir:
As counsel for plantiff/defendant, may I request that a subpoena/subpoena duces tecum be issued to
____________, with address at _________, to testify (for subpoena ad testificandum) / to testify and bring with
him the following documents (for subpoena duces tecum), which are not confidential nor privileged, and which
are needed in the hearing of the above-entitled case on _________, 2007 at 8:30 a.m. and at any subsequent
hearings, to wit:

(Enumerate the documents.)

The undersigned will pay the legal fees for such purpose.

Place and date.

Signature of Counsel

Q. Motion for Summary Judgment

(Copy Caption and Title)

MOTION FOR SUMMARY JUDGMENT

COMES NOW, plaintiff, through the undersigned counsel, and to this Honorable Court, respectfully
alleges:

1. In defendants answer to the complaint, which is for aa sum of money, he claims that he ahs
paid the principal amount and the remaining issue refers merely to a proper computation of the interest.
However, defendant did not attach to his answer any alleged receipt issued by plaintiff to show his payment
2. The burden of showing payment rests on defendant, by showing receipt of payment, if any. A
verbal claim is not sufficient. In and
QuickTime this
a connection, plaintiff asserts, under oath, that defendant has not paid the
TIFF (Uncompressed) decompressor
are needed to see this picture.
principal amount. While he issued a check as payment of his obligation, the check when deposited was
dishonored for insufficiency of funds. Copy of the returned check is attached hereto as Annex A. Plaintiff duly
informed defendant of the dishonor of his check, but he ignored it, prompting plaintiff to file the instant
complaint.

Page 35 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

3. With respect to the computation of the 12% interest, the same is a matter of mathematical or
arithmetical computation, which raises no factual issue. For this purpose, enclosed is the computation of such
interest, whcih is attached hereto as Annex B.
4. In short, there is no genuine issue of fact which requires full-blown trial.

WHEREFORE, plaintiff prays for judgment, as prayed for in the complaint, and for such other reliefs as
may be just and equitable in the premises.

Place and date.

Signature of counsel

VERIFICATION

NOTICE OF HEARING

PROOF OF SERVICE

EXPLANATION

R. Motion for Judgment on the Pleadings

(Copy Caption and Title)

MOTION FOR JUDGMENT ON THE PLEADINGS

PLAINTIFF, by counsel, respectfully states that:

1. On 5 May 1998, plaintiff sued defendant for a sum of money in the amount of
______________(P_________).

2. Defendant admitted
QuickTime that
and a obligation in her answer and merely asked for an extension of time to pay
TIFF (Uncompressed) decompressor
the said obligation but that Plaintiff filed this Complaint instead.
are needed to see this picture.

3. The Answer admits the material allegations of the Complaint and has not tendered any issue;
consequently, a judgment on the pleadings may be rendered.

WHEREFORE, plaintiff respectfully prays that this Honorable Court render a judgment on the pleadings

Page 36 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

in her favor.

Place and date.

Signature of Counsel

NOTICE OF HEARING

PROOF OF SERVICE

EXPLANATION

S. FORMAL OFFER OF EVIDENCE

(Copy Caption and Title)

FORMAL OFFER OF EVIDENCE


(In Support of __(defendants)__ Prayer for the dismissal
of the complaint for collection of sum of money)

Defendant, by counsel, respectfully submits its formal offer of exhibits in support of its prayer in the
Complaint dated ______________ for the dismissal of the complaint for collection of sum of money with
application for writ of preliminary attachment.

EXHIBITS DESCRIPTION
Exhibit A Confirmation Advice issued to Eugenio Villireal III indicating the
amount of Ten Million pesos (P 10,000,000.00) as the amount of
money lent
Exhibit A-1 The bracketed and sub-marked portion of Exhibit A containing the
signature of Eugenio Villareal III
Exhibit A-2 The bracketed and sub-marked portion of Exhibit A containing the
signature of Raul Gerodias as President and authorized representative
of defendant ABC Capital Corporation
QuickTime and a
TIFF (Uncompressed) decompressor
are needed to see this picture.

PURPOSE
The foregoing exhibits are being offered to prove the following facts:
1. Eugenio Villareal III invested Ten Million Pesos (P 10,000,000.00) with Defendant ABC Capital
Corporation and correspondingly, a confirmation advice was issued indicating that plaintiffs money was
lent to XYZ Realty, Inc.

Page 37 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

2. Defendant ABC Capital Corporation have acted merely in plaintiffs behalf and/ or for his benefit, risk
and account without recourse or liability, real or contingent, to the former in respect to the loan granted
to XYZ Realty, Inc.
3. Plaintiff freely and voluntarily signed the Confirmation Advice, such act indicating his conformity to the
terms and conditions of the transaction.

The foregoing exhibits are also being offered as part of the testimony of ABC Capitals witnesses.

Allied Bank respectfully manifests that the foregoing faithful reproductions and originally marked
documentary exhibits are attached hereto and respectfully submitted herewith.

PRAYER

WHEREFORE, it is respectfully prayed that the foregoing exhibits be admitted in evidence for the
purpose/s for which they are offered and as part of the testimony of the witness presented by ABC Capital
Corporation.

Other reliefs just and equitable are likewise prayed for.

Place and date.

Signature of Counsel

PROOF OF SERVICE

T. Motion for Execution

(Copy Caption and Title)

MOTION FOR EXECUTION


PLAINTIFF, through the undersigned counsel, and to this Honorable Court, respectfully alleges:

1. The decision in and


QuickTime favor
a plaintiff has become final and executory since more than fifteen (15) days
TIFF (Uncompressed) decompressor
from defendants receipt therof on ____ had already without defendant appealing therefrom.
are needed to see this picture.

2. After a decision has become final, execution is a matter of right on the part if the prevailing
party and a ministerial duty of the court to issue writ of execution.

WHEREFORE, plaintiff prays that a writ of execution be issued for the satisfaction of the judgment
dated __________.

Page 38 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

Place and date.

Signature of Counsel

The Clerk of Court


RTC
Address

Sir:
Please submit the foregoing motion for the approval of the Court upon receipt thereof, notice and
hearing not being required.

Signature of Counsel

PROOF OF SERVICE

U. Notice of Lis Pendens

(Copy Caption and Title)

NOTICE OF LIS PENDENS

THE REGISTER OF DEEDS


____________ City, ________ Province

Please take notice that a parcel of land covered by TCT No. ______ located in _______________;
registered in the name of defendant is the subject matter of an action for reconveyance of an undivided one-
sixth portion thereof filed by__________, above-named plaintiff. Accordingly, please record this notice on the
title.

RESPECTFULLY SUBMITTED.
QuickTime and a
TIFF (Uncompressed) decompressor
are needed to see this picture.

Place and date.

Signature of Counsel

PROOF OF SERVICE

Page 39 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

EXPLANATION

V. Motion for Reconsideration

(Copy Caption and Title)

MOTION FOR RECONSIDERATION

COMES NOW, the defendant through the undersigned counsel, and to this Honorable Court
respectfully moves for the reconsideration of the decision dated ___, copy of which was received by him _____,
on the following grounds:

1. The following findings or conclusions in the decision are not supported by the evidence, to wit:

(Allege findings and conclusions not supported by evidence.)

2. The following conclusions are contrary to law, to wit:

(Copy conclusions and cite law, which does not support the same.)

WHEREFORE, defendant prays that the decision be reconsidered and set aside, and a new one
rendered in favor of herein defendant, to the end that the complaint be dismissed.

Defendant further prays for such other reliefs as may be just and equitable in the premises.

Place and date.

Signature of Counsel

NOTICE OF HEARING

QuickTime and a PROOF OF SERVICE


TIFF (Uncompressed) decompressor
are needed to see this picture.

EXPLANATION

Page 40 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
3
W. Motion for New Trial on the Ground of Fraud, Accident, Mistake or Excusable Negligence

(Copy Caption and Title)

MOTION FOR NEW TRIAL

COMES NOW, the defendant through the undersigned counsel and to this Honorable Court,
respectfully alleges:

1. (Allege facts constituting fraud, accident mistake or excusable negligence)


2. Defendant has good and valid defenses to defeat plaintiffs claim, (State valid defenses.)
3. In support of this motion, defendant attaches herewith as part hereof, his affidavit supporting
the accident or mistake and his good and valid defenses to defeat plaintiffs claim, as Annex 2

WHEREFORE, defendant prays that the decision be reconsidered, that he be granted a new trial, that
the case be set for pre-trial and trial on the merits, and thereafter a new judgment be rendered holding
defendant free and harmless from any liability and dismissing the complaint

Place and date.

Signature of Counsel

VERIFICATION

NOTICE OF HEARING

PROOF OF SERVICE

EXPLANATION

4
X. Motion for New Trial on the Ground of Newly Discovered Evidence

(Copy Caption and Title)


QuickTime and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
MOTION FOR NEW TRIAL

3
Requires affidavits of merits.
4
Must be supported by affidavits of the witnesses by whom such evidence is expected, or duly authenticated documents which are
proposed to be introduced as evidence.

Page 41 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

COMES NOW, the defendant through the undersigned counsel, and to this Honorable Court,
respectfully alleges:

1. Judgment against defendant was served on defendant on _______.


2. Since said date or receipt if the judgment and before the period to appeal therefrom has
lapsed, defendant discovered and presented during trial.
3. The newly discovered evidence consist of the following:

(List and describe the newly discovered evidence.)

4. The affidavit of ___(name of witness)__, by whom such newly discovered evidence is expected
to be given, is attached hereto as Annex 1. Duly authenticated documents, which are proposed to be
introduced in evidence, are attached hereto as Annexes 2 and 3.
5. The above newly discovered evidence would probably alter the results of the case.

WHEREFORE, defendant prays that the decision be reconsidered, the case re-opened for trial,
defendant be allowed to present his newly discovered evidence thereat, and thereafter judgment be rendered in
favor of defendant.

Place and date.

Signature of Counsel

VERIFICATION

NOTICE OF HEARING

PROOF OF SERVICE

EXPLANATION

Y. Motion for Relief from Judgment

QuickTime and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
(Copy Caption and Title)

MOTION FOR RELIEF FROM JUDGMENT

COMES NOW, the defendant through the undersigned counsel and to this Honorable Court,
respectfully alleges:

Page 42 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

1. The trial court rendered an adverse judgment against him dated __________, which he learned
when plaintiff informed him that he would take steps to execute the same, as it had become final.
2. (Allege facts constituting fraud, accident, mistake, or excusable negligence attending the
promulgation of the judgment)
3. Attached herewith as Annex 1 is an affidavit of defendant attesting to the (e.g. fraudulent
scheme) which prevented his having his day in court and showing his good and valid defenses.
4. The instant petition is filed within sixty (60) days after the petitioner learns of judgment, final
order, or other proceeding to be set aside, and not more than six (6) months after such judgment or final order
was entered, or such proceeding was taken;
WHEREFORE, defendant as petitioner prays that the judgment be set aside, the case re-opened,
defendant be allowed to present his evidence, and thereafter another judgment be rendered in favor of
defendant, dismissing plaintiffs complaint.

Defendant further prays for such other reliefs as may be just and equitable in the premises.

Place and date.

Signature of counsel

VERIFICATION

NOTICE OF HEARING

PROOF OF SERVICE

EXPLANATION

Z. Motion to Disqualify the Judge

(Copy Caption and Title)

MOTION TO DISQUALIFY THE JUDGE


QuickTime and a
TIFF (Uncompressed) decompressor
COMES NOW the defendant in the above-entitled case and by the undersigned counsel respectfully
are needed to see this picture.

moves this Honorable Court to desist from trying the above-entitled case on the following averments:

1. That defendant has been summoned before this Honorable Court;

2. That it appears that there is danger of partiality, bias and prejudice in favor of the plaintiffs for the

Page 43 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

reason that Honorable Judge John Gomez is related to the plaintiff within the 4th Civil Degree of Consanguinity;

3. That defendant will be prejudiced if the Honorable Judge continues to hear the above-entitled case;

4. That it is necessary that the Honorable Judge inhibit himself so as to promote the administration of
justice.

WHEREFORE, in view of the foregoing, the undersigned counsel prays that Honorable Judge John
Gomez inhibit himself and be disqualified from hearing and trying the above-entitled case.

Place and date.

Signature of Counsel

NOTICE OF HEARING

PROOF OF SERVICE

EXPLANATION

AA. Petition for Certiorari

(Caption and Title)

PETITION FOR CERTIORARI

COMES NOW the petitioner by the undersigned attorney, and unto this Honorable Court, respectfully
alleges:

1. (State the capacity and residence of the petitioner, and of the respondent).

2. (State the facts and circumstances under which the respondent (tribunal, board, or officer
exercising judicial functions) hasandacted
QuickTime a without, or in excess of its or his jurisdiction, or with grave abuse of
TIFF (Uncompressed) decompressor
discretion in the exercise of his judicial functions.)
are needed to see this picture.

3. (State that there is no appeal from such decision, nor any plain, speedy, and adequate remedy
in the ordinary course of law.)

4. That a certified true copy of the decision (or order) herein sought to be reviewed is hereto

Page 44 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

attached as Annex A, together with copies of all pleadings and documents relevant and pertinent thereto.

WHEREFORE, it is respectfully prayed, that a writ of certiorari be issued, ordering the proceedings
herein complained of to be forthwith certified upon for review (with prayer for a preliminary injunction as the
case may be, for the protection of the rights of petitioner pending such proceedings), and after due hearing, let
judgment be rendered annulling or modifying the proceeding of (the defendant tribunal, board or officer) as the
law requires, with costs.

Place and date.

Signature of Counsel

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

BB. Petition for Prohibition

(Copy Caption and Title)

PETITION FOR PROHIBITION

PETITIONER, by counsel, respectfully states that:

1. (State capacity of petitioner and respondent/s, citizenship, status and residence.)

2. (If applicable, state the date on which copy of Decision was received and/or Resolution on Motion for
Reconsideration, if filed, denied.)

3. (State briefly the facts and circumstances under which the respondent/s whether exercising judicial
or ministerial functions acted without, or in excess of, jurisdiction or with grave abuse of discretion amounting to
lack or excess of jurisdiction.)

4. (State entitlement to Injunction


QuickTime and a and/or TRO, i.e., [a] petitioner has a clear, legal right, [b] which is
TIFF (Uncompressed) decompressor
threatened by an act or omission of respondents, [c] and that, unless restrained, will cause grave and
are needed to see this picture.

irreparable injury to petitioner. Allege also that petitioner is ready to post a bond in an amount to be fixed by the
Court conditioned upon the payment to respondents of any damages suffered arising from the writ should
petitioner be found not to be entitled to the writ.)

5. There is no appeal from such decision, nor any plain or adequate speedy remedy in the ordinary

Page 45 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

course of law, except this petition.

6. A certified true copy (or duplicate original copy) of the Decision under review is attached as ANNEX
A.

WHEREFORE, it is respectfully prayed that an injunction or TRO be issued directing respondent/s to


desist and refrain from further proceedings in the premises, and that after due notice and hearing, a writ of
prohibition issue directing respondent/s to desist absolute and perpetually from further proceedings (in the said
action or matter).

Signature of Counsel

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

CC. Petition for Mandamus

(Copy Caption and Title)

PETITION

COMES NOW, the petitioner, by the undersigned counsel, and unto this Honorable Court, respectfully
alleges that:

1. The petitioner is of legal age, (State capacity and residence of both the petitioner and
respondent);
2. (State the facts and circumstances whereby the respondent unlawfully neglected the
performance of an act which the law specifically enjoins as a duty resulting from an office, trust, or station or
unlawfully excluded the petitioner from the enjoyment of a right or office to which the petitioner is entitled.);
3. The petitioner has no other plain, speedy and adequate remedy in the ordinary course of law,
other that this action;
4. The petitioner by reason of the wrongful act of the respondent has sustained damages in the
sum of ___________PESOS (P____________)
QuickTime and a
TIFF (Uncompressed) decompressor
WHEREFORE, it is respectfully prayed that after due notice and hearing, a Writ of Mandamus be
are needed to see this picture.

issued, commanding the respondent forthwith to: (state act required to be done), with damages and costs.

Place and date.

Signature of Counsel

Page 46 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

DD. Petition for Reconstitution of TCT

(Copy Caption and Title)

PETITION FOR RECONSTITUTION OF


TRANSFER CERTIFICATE OF TITLE

COMES NOW, petitioner _____________, through counsel, unto this Court, respectfully alleges:

1. That petitioner is of legal age, married, Filipino citizen and residing at


_____________________ where he may be served with court processes, motions, and decision; that
respondent _________________ is the Register of Deeds of ____________________ where he may be
served with summons and other court processes;

2. That petitioner is the registered owner of a parcel of land located at ___________________


and covered by Transfer Certificate of Title No. ________, Register of Deeds of __________, free of any
encumbrances;

3. That on _____________ the office of the register of Deeds of ____________ was burned and
all the Torrens Titles in said office including T.C.T. No. _______ were burned;

4. That said T.C.T. was never mortgaged or sold to anyone.

WHEREFORE, it is respectfully prayed that the Register of Deeds of ______________ issue a


reconstituted Original Title based on the owners Duplicate Certificate of Title hereto attached in the name of
herein petitioner.

Place and date.

QuickTime and a Signature of Counsel


TIFF (Uncompressed) decompressor
are needed to see this picture.

VERIFICATION

SPECIAL PROCEEDINGS

Page 47 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

A. Petition for Letters of Administration

(Copy Title)

In the Matter of the Intestate Estate


Of Bitoy Valenzuela. Petition for Letters
of Administration.

SP. PROC. No. _______

Kwame Valenzuela,
Petitioner.
x----------------------------------------------------x

PETITION

COMES NOW, the petitioner through the undersigned counsel and to this Honorable Court, respectfully
alleges;

1. Petitioner is of legal age, widow of the late Bitoy Valenzuela, and with residence at
________________, her husband having died on _______________ leaving no will, in the City of Manila and
resided at ______________, which haw his last residence at the time of his death.
2. The deceased was survived by his wife, herein petitioner, and two children with following
names, ages and addresses:

(List the names of the heirs and their corresponding ages and addresses.)

The deceased left the following properties;

(List and describe properties left.)

As far as petitioner knows, the following are the names and residences of the r elatives of the
deceased:
QuickTime and a
TIFF (Uncompressed) decompressor
(List names of relatives.)
are needed to see this picture.

WHEREFORE, petitioner prays that after notice, publication and hearing, petitioner be issued letters of
administration of the estate of her late husband, Bitoy Valenzuela, and for such other reliefs as are provided in
the Rules of Court.

Page 48 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

Place and date.

Signature of Counsel

VERIFICATION

B. Petition for Change of Name

(Copy Caption and Title)

PETITION FOR CHANGE OF NAME

The petitioner, through counsel, and unto this Honorable Court, respectfully avers that:

1. Petitioner is of age, single/married/ and a resident of___________________


2. He has been a bona fide resident of the province of ______________since the year_____, or
at least three (3) years prior to the date of filing of this petition;
3. His present name as recorded is________________ and that he is also known as (state
aliases)
4. (State reason for which the change of name is sought)
5. The petitioner requests that his present name be changed to_________.

WHEREFORE, it is respectfully prayed that, after due notice and publication in accordance with the
Rules of Court and hearing this Honorable court adjudge that the petitioners name of ___________ be
changed to_______________.

Signature of Counsel

VERIFICATION

C. Petition for Habeas Corpus

QuickTime and a (Copy Caption and Title)


TIFF (Uncompressed) decompressor
are needed to see this picture.

PETITION FOR A WRIT OF HABEAS CORPUS

COMES NOW the Petitioner, ____________, by the undersigned counsel, and unto this Honorable
Court, respectfully submits:

Page 49 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

1. That petitioner is a Filipino citizen, of legal age, with address at ______________ and the
respondent is a Filipino citizen, of legal age, with address at _________________.

2. That the petitioner, ___________, in whose behalf this application is being made, is actually
restrained of his liberty by the respondent, ____________ at the latters residence at ____________________.

3. That this restraint of liberty consists of the following:

(State facts constituting the illegal confinement.)

4. That such restraint of liberty and the confinement of the petitioner under the circumstances state are
without legal authority;

5. That the petitioner through counsel has exhausted all efforts available at law, and that he has no
other plain, speedy, and adequate remedy to protect his personal rights except by his application for a Writ of
Habeas Corpus.

WHEREFORE, your petitioner respectfully prays that a Writ of Habeas Corpus be issued by this
Honorable Court, directed to respondent ____________ or any other person acting under his authority,
commanding the latter to have the body of ___________ before this Court at the time and place therein
specified, and to summon the respondent ________________ then and there to appear to show cause of the
detention of said _________________; ________________; and that after due proceedings, the said
___________________ be restored to his liberty and forthwith discharged from confinement.

Petitioner further prays for such other relief as this Honorable court may deem just and equitable under
the premises.

Place and date.

Signature of Counsel

VERIFICATION

QuickTime and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
CRIMINAL

A. Complaint-affidavit

Republic of the Philippines )

Page 50 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

City of Makati ) s.s.

COMPLAINT-AFFIDAVIT

I, _________, of legal age, Filipino, and resident of ___________________, do hereby state under oath
that:

1. I am a member of the ____________________(Association) and was formerly a Director and


Corporate Secretary of the Association.

2. I accuse and hereby charge _____________, residing at ________________, 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 _____________. This is attested to by the following exchange that transpired between
___(respondent)__ and the other members of the Board in attendance:

(Quote Exchange)

Attached as ANNEX A is a copy of the official transcript of the meeting.

3. Prior resort to the Barangay conciliation system proved fruitless as __(respondent)__ 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 __(complainants name)__ residing at ____________ nor is there
any other person named __(complainants name)__, who has acted as Board Member of the Association.
Consequently, __(respondent)__s public and defamatory utterance was clearly a reference to me and to no
other.

5. Respondents remarks, calling me a swindler twice over, uttered in a public meeting are clearly
insulting and defamatory as they malign me and attribute to me a criminal act, nature and predisposition.
There is, moreover, no doubt that respondents use of the word swindled was deliberate as his explanation
and clarification a few utterances thereafter would show. Respondents remarks are also very serious as they
cast aspersions on my reputation, character and very person before my peers and fellow homeowners.
QuickTime and a
TIFF (Uncompressed) decompressor
are needed to see this picture.

6. Respondents 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, respondent cannot be allowed to simply go scot-free without bearing the consequences of his acts. For
this reason, I am also holding respondent liable civilly for defaming me in the amount of _____________

Page 51 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

(P____________) in nominal damages, ____________ (P_______) in moral damages and ___________


(P____________) in exemplary damages.

TO THE TRUTH OF THE FOREGOING, I have signed this Complaint-Affidavit on _____________.

__________________________
Complainant-Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this ___ day of January, 2007.

________________________
Investigating Prosecutor

CERTIFICATION

I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIED
THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT.

__________________________
Investigating Prosecutor

B. Motion to Quash Information

(Copy Caption and Title)

MOTION TO QUASH

THE ACCUSED, by counsel, respectfully moves to quash the Information for the crime of theft on the following:

GROUNDS
(Enumerate the ground/s relied upon.)

In support, the accused respectfully


QuickTime and a states that:
TIFF (Uncompressed) decompressor
are needed to see this picture.

ARGUMENT

The Information alleges that the accused ________________ 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.

Page 52 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

There is no allegation that the accused acted with discernment. Even granting said discernment, the accused
cannot be tried but instead proceeded against under Article 80 of the Revised Penal Code, which provides that a minor,
unless sixteen years of age at the time of the commission of a grave or less grave felony, cannot be tried but instead
shall have the benefit of a suspension of all proceedings against him. The duty of the court would be to commit the
minor to the custody or care of a public or private benevolent or charitable institution for the care and education of
homeless and delinquent children or to the custody of the Department of Social Work and Development.

WHEREFORE, it is respectfully prayed that the Information against the accused be QUASHED and that the
accused be released immediately from detention.

Place and date.

Signature of Counsel

NOTICE OF HEARING

PROOF OF SERVICE

EXPLANATION

C. Demurrer
(Copy Caption and Title)

DEMURRER TO THE PROSECUTIONS EVIDENCE

THE ACCUSED, by counsel, with leave of court previously obtained, respectfully submits this Demurrer
to the Prosecutions Evidence on the ground that the prosecution has failed to adduce sufficient evidence of his
guilt to overcome the presumption of innocence and shift the burden of proof:

1. Under the Constitution, the accused is presumed to be innocent until proven guilty. The effect of
this presumption is that it entitles the accused to not say anything in his defense and places the burden directly
on the prosecution to prove everything relative to his guilt. Thus, the prosecution must rely on the strength of its
evidence and not wait forQuickTime
the accused
and a to offer any defense. It is only in the event that the prosecution, after
TIFF (Uncompressed) decompressor
resting its case, hasareadduced sufficient evidence of guilt, that the burden of proof shifts to the accused.
needed to see this picture.

2. The prosecution has failed to adduce sufficient evidence of guilt such as would shift the burden of
proof.

(Allege circumstances showing insufficiency of evidence.)

Page 53 of 54
Legal Forms Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

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.

Place and date.

Signature of Counsel

NOTICE OF HEARING

PROOF OF SERVICE

EXPLANATION

QuickTime and a
TIFF (Uncompressed) decompressor
are needed to see this picture.

Page 54 of 54