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CHATTEL MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

This Chattel Mortgage, made by and between:

_____________, of legal age, (single / married / widow), and a


resident of _____________, Philippines (hereinafter known as the
MORTGAGOR);

- and -

_____________, of legal age, (single / married / widow), and a


resident of _____________, Philippines (hereinafter known as the
MORTGAGEE);

WITNESSETH; That:

The MORTGAGOR is indebted unto the MORTGAGEE in the sum of _____________


(P__________), Philippine Currency, receipt of which is acknowledged by the MORTGAGOR
upon the signing of this instrument, payable to the order of the MORGAGEE without need of prior
demand or notice within a period of _____________ (years/months/weeks/days), at
_____________ (P__________) (monthly/weekly/daily) starting on _____________ and on every
_____________ thereafter until fully paid, with interest thereon at the rate of _____________
(______%) percent per (month/annum).

NOW, THEREFORE, for and consideration of the afore-mentioned indebtedness, and to


assure the performance of said obligation to pay, the MORTGAGOR hereby CONVEYS by way
of CHATTEL MORTGAGE unto the MORTGAGEE, (his/her) heirs, successors and assigns, the
following personal property now in the possession of said MORTGAGOR:

(Description of the Subject Personal Property)

That it is the condition of this Mortgage that should the MORTGAGOR perform the
obligation to pay the afore-cited indebtedness of _____________ together with accrued interest
thereon, within the agreed term, this Chattel Mortgage shall be discharged and shall at once
become null and void and of no effect whatsoever, otherwise, it shall subsist and remain in full
force and effect and be subject to foreclosure in the manner and form prescribed by law.

IN WITNESS WHEREOF, we have hereunto set their hands, this _____________ at


_____________, Philippines.

MORTGAGOR MORTGAGEE
With my Marital Conformity:

MORTGAGOR'S SPOUSE

SIGNED IN THE PRESENCE OF:

__________________ __________________

(ACKNOWLEDGMENT)

AFFIDAVIT OF GOOD FAITH

We, the undersigned MORTGAGOR and MORTGAGEE hereby jointly and severally
swear that we executed the foregoing Chattel Mortgage in order to secure the indebtedness therein
cited and for no other purpose or purposes contrary to law.

MORTGAGOR MORTGAGEE

(JURAT)

DONATION MORTIS CAUSA

KNOW ALL MEN BY THESE PRESENTS:

I, _____________, of legal age, Filipino, (single / married / widow),


and a resident of _____________, Philippines (hereinafter called the
"DONOR");
- and -

_____________, likewise of legal age, Filipino, (single / married /


widow), and a resident of _____________, Philippines (hereinafter called
the "DONEE");

WITNESSETH:

WHEREAS, the DONOR is the true and registered owner of a certain parcel of land, more
particularly described as follows:

(Technical Description of Property)

NOW THEREFORE, for and in consideration of the love and affection the DONOR has
for the DONEE, the DONOR does hereby TRANSFER, GIVE and CONVEY unto the DONEE,
(his/her) heirs, assigns and successors-in-interest, the above-described parcel of land, to take effect
upon the DONOR'S demise, subject to the following conditions:

1. That should _____________, the spouse of the DONOR, survive (him/her), the
usufructuary rights over the above-described parcel of land shall pertain to her during her
lifetime;

2. That the DONEE shall not dispose of, or in any manner, encumber, the properties herein
donated during the lifetime of the said usufructuary;

3. That the DONEE hereby accepts and receives this donation made in (his/her) favor by the
DONOR, and hereby manifests (his/her) gratefulness for the latter's generosity and
liberality;

4. That further, the DONOR hereby reserves unto himself the right to possess and sell the
above-described property, as true owner thereof, before his death, without need of prior
consent or approval by the DONEE.

IN WITNESS WHEREOF, we have hereunto set our hands, this _____________ at


_____________, Philippines.

DONOR DONEE

ATTESTATION CLAUSE
WE, the undersigned witnesses hereby attest and certify: That the foregoing DONATION
MORTIS CAUSA was executed by _____________ and consist of _____________ (_____)
pages, including this page where the Attestation of Witness and the acknowledgment before the
Notary Public appears; That this was signed by the DONOR and the DONEE in our presence, and
we at their request, have signed these presents on the last page hereof, and on the left-hand margin
of each and every page, in their presence, and in front of each and everyone of us.

WITNESS ADDRESS

1. _____________________ ____________________________________

2. _____________________ ____________________________________

3. _____________________ ____________________________________

REPUBLIC OF THE PHILIPPINES)


Province of ____________________) S.S.
City/Municipality of _____________)
x-----------------------x

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the (Province/City/Municipality) of


_____________, personally appeared the following persons, with their respective Community Tax
Certificates as follows:

Name C.T.C. No. Date / Place Issued

1. DONOR _____________ _____________


2. DONEE _____________ _____________
3. WITNESS _____________ _____________
4. WITNESS _____________ _____________
5. WITNESS _____________ _____________

all known to me and to me known to be the same persons who executed the foregoing DEED OF
DONATION MORTIS CAUSA which they acknowledged to me to be their free and voluntary
act and deed, consisting of only ______ (____) page/s, including this page in which this
acknowledgment is written, duly signed by the Donor, the Donee and their three (3) instrumental
witnesses on each and every page hereof.

WITNESS MY HAND AND SEAL this _____________ at _____________, Philippines.


NOTARY PUBLIC

Doc. No. ______;


Page No. ______;
Book No. ______;
Series of ______;

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, __Principal__, of legal age, Filipino, (single / married / widow), and a resident of Bacolod
City, do hereby appoint, name and constitute __Attorney-in-Fact__, also of legal age, Filipino,
(single / married / widow), and a resident of _____________, to be my true and lawful Attorney-
in-Fact for me and in my name, place and stead to SELL, TRANSFER, and CONVEY, under
such terms and conditions and for such price as (he/she) may deem fit, and to whomsoever may
buy or purchase a certain real property of which I am the true and registered owner, which is more
particularly described as follows, to wit:

(Technical Description of Property)

HEREBY GIVING AND GRANTING unto my said Attorney-in-Fact full power and
authority to do and perform all and every act requisite or necessary to carry into effect the
foregoing authority to sell, as fully to all intents and purposes as I might or could lawfully do if
personally present, with full power of substitution and revocation, and hereby ratifying and
confirming all that any of my said attorney-in-fact or his substitutes shall lawfully do or cause to
be done by virtue hereof.

IN WITNESS WHEREOF, I have hereunto affixed my signature this _____________ at


the _____________, Philippines.

PRINCIPAL
Accepted by:
ATTORNEY-IN-FACT

SIGNED IN THE PRESENCE OF:

__________________ __________________

(ACKNOWLEDGMENT)

(Complaint for Ejectment / Unlawful Detainer with Prayer for the Issuance of a Writ of Preliminary
Mandatory Injunction)

(CAPTION)

COMPLAINT

COMES NOW the Plaintiff, by undersigned counsel, and unto this Honorable Court, most

respectfully alleges that:

1. Plaintiff is of legal age, Filipino, (single / married / widow), and a resident of _____________,

Philippines. For purposes of this action, Plaintiff may be served with copies of our notices and

orders of the Honorable Court at the office address of the undersigned counsel indicated

below;
2. Defendant is also of legal age, Filipino, and for purposes of this action, he may be served with

summons and other processes of this Honorable Court at his residence and post-office

address at _____________, Philippines;

3. Plaintiff is the true and registered owner of a certain parcel of land situated in

_____________, Philippines, consisting of approximately _____________ (_____) square

meters, and identified as Lot ________ and covered by Transfer Certificate of Title No.

_____________ of the Registry of Deeds of _____________; Machine copy of said Transfer

Certificate of Title No. _____________ is attached hereto as ANNEX "B";

4. That sometime in _____________, Defendant and his family began to be in possession of the

said property, not by virtue of any title or contract, but merely upon the Plaintiff's tolerance,

as he had no immediate need of the said property at that time;

5. That on _____________, Plaintiff demanded that Defendant vacate and return the possession

of the said parcel of land to the herein Plaintiff, but despite numerous demands for him and

his family to vacate, Defendant has remained in illegal possession of the said land and, up to

the present, still retain such possession. Machine copy of the said demand letter is attached

hereto as ANNEX "C";

6. While possession by tolerance is lawful, such possession becomes illegal upon demand to

vacate is made by the owner and the possessor by tolerance refuses to comply with such

demand (Prieto vs. Reyes, 14 SCRA 432; Yu vs. De Lara, 6 SCRA 786, 788; Isidro vs. Court of

Appeals, G.R. No. 105586, December 15, 1993);

7. A person who occupies the land of another at the latter's tolerance or permission, without

any contract between them, is necessarily bound by an implied promise that he will vacate
upon demand (Yu vs. De Lara, supra, cited in Sumulong vs. Court of Appeals, G.R. No. 108817,

May 10, 1994);

8. That the reasonable rental value of the said land is __________________________

(P___________) per month;

9. That due to the unjust refusal of the Defendant to vacate and to return the said land to the

Plaintiff, the latter was constrained to endorse the said matter to its legal counsel for the filing

of an appropriate action in court for a fee of P_____________ and the amount of

P__________ per court hearing;

10. That this action is being filed within a period of one (1) year from the demand on Defendant

to vacate the said property.

ALLEGATIONS IN SUPPORT OF THE PRAYER FOR ISSUANCE

OF A WRIT OF PRELIMINARY MANDATORY INJUNCTION

11. Plaintiff repleads by reference all of the foregoing allegations as may be material and relevant

under this heading;

12. Defendant's continued illegal occupation of the said parcel of land and refusal to vacate the

same and to peacefully surrender possession thereof to herein Plaintiff is working grave

injustice and causing damage to the latter;

13. Plaintiff is entitled to the reliefs demanded, and the whole or part of such relief consists in

the immediate delivery and surrender by the defendants of possession of the land to the

Plaintiff;
14. In the event that a writ of preliminary mandatory injunction is granted to Plaintiff, she is

ready, willing and able to post a bond to answer for all damages Defendant may sustain by

reason of said injunction if the court should finally decide that Plaintiff is not entitled thereto.

PRAYER

WHEREFORE, it is most respectfully prayed that, after due hearing, judgment be rendered in favor

of the plaintiffs:

a) Ordering the Defendant, his family, successors, assigns and all persons acting under him, to

vacate Lot _____________ that is covered by Transfer Certificate of Title No. _____________

of the Registry of Deeds for the Province of _____________ and to peacefully turn over the

possession thereof to the Plaintiff;

b) Ordering Defendant to pay Plaintiff monthly rental at the rate of P_____________ per month

from the time of the filing of this action to the time possession is returned to the Plaintiff;

c) Ordering Defendant to pay Attorney's Fees in the amount of P_____________ and

P___________ per court hearing and to pay cost of suit;

d) That pending the outcome of the instant case, a writ of preliminary mandatory injunction be

immediately issued ordering the Defendant, his family, successors, assigns and all persons

acting under him, to immediately vacate the said parcel of land and return possession of the

same to the Plaintiff.

Other reliefs just and equitable under the premises are likewise prayed for.

Date _____________, Philippines, __Date__.


(COUNSEL)

(VERIFICATION)

(CERTIFICATION OF NON-FORUM SHOPPING

AFFIDAVIT OF MERIT

I, _____________, of legal age, Filipino, (single / married / widow), and a resident of


_____________, Philippines, after being sworn to in accordance with law, depose and state:

1. That I am the plaintiff in the above-captioned case filed against _____________ before the
Municipal Trial Court of _____________, Philippines;

2. That I am the true and registered owner of a certain parcel of land situated in _____________,
identified as Lot ________ and covered by Transfer Certificate of Title No. _____________ of
the Registry of Deeds for the Province of Negros Occidental;

3. That since _____________, Defendant _____________ and his family began to be in


possession of the said property upon my mere tolerance, as I had no immediate need of the
said property at that time;

4. That sometime in _____________, I demanded from the Defendant that he and his family
vacate and return the possession of the said property, but despite numerous demands for
him to vacate, the Defendant has remained in illegal possession of the said land and, up to
the present, still retain such possession;

5. That the reasonable rental value of the said land is __________________________


(P___________) per month;
6. That Defendant's continued illegal occupation of the property and refusal to vacate the same
and to peacefully surrender possession thereof is working grave injustice and causing damage
to the undersigned;

7. That I am entitled to the reliefs demanded in my complaint, and the whole or part of such
relief consists in the immediate delivery and surrender by the Defendant of possession of the
land to the undersigned;

8. That in the event that I am granted a writ of preliminary mandatory injunction, I am ready,
willing and able to post a bond to answer for all damages that the Defendant may sustain by
reason of said injunction if the court should finally decide that I am not entitled thereto.

IN WITNESS WHEREOF, I have hereunto set my hand this _____________ in the _____________,
Philippines.

AFFIANT

(JURAT)