You are on page 1of 25

DIAZ, Francis C.

July 17, 2018


2017400143 Legal Forms

Answer with Specific Denial

REPUBLIC OF THE PHILIPPINES


MUNICIPAL TRIAL COURT
LEGASPI CITY, ALBAY

POTTER, Harry CIVIL Case No: 1016


Plaintiff, For: Unlawful Detainer

-versus-

GRANGER, Hermione
Defendant,

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

ANSWER
(In Re: Complaint, Received on June, 2018)

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

1. Defendant admits the averment in paragraph 1, 2, and 3


of the complaint;
2. Defendant specifically denies the allegation in paragraph
5 of the complaint, the truth being that defendant has
been performing his obligation from February 1, 2015 up
to February 1, 2016.
3. Defendant has no knowledge or information to form a
belief as to the truth of the averment in paragraphs 5 of
the complaint;

THAT Defendant specifically denies under oath the genuiness and due
execution of the Contract of Lease, a copy of which is attached to
Plaintiff’s complaint as “Annex A”, the truth being that his signature
thereon is forged and that he did not in fact sign the said instrument

WHEREFORE, it is respectfully prayed that the complaint be


dismissed.

Other equitable reliefs are likewise prayed for.

Legaspi City, July 17, 2018.

Atty. Francis C. Diaz


Counsel for the Defendant
#0143 Burgundy Tower,
Ayala Ave., Makati City

1
DIAZ, Francis C. July 17, 2018
2017400143 Legal Forms

VERIFICATION and CERTIFICATION AGAINST FORUM SHOPPING

I, Hermione GRANGER, of legal age, single, Filipino, and with postal


address c/o Barangay Mainit, Legaspi City, under oath, depose:

1. I am the defendant in the foregoing case; that I caused the


preparation of the foregoing Answer;
2. I have read its contents; and
3. The same are true and correct of my own direct, personal
knowledge.

Further, pursuant to Rule 7 of the 1997 Rules of Civil Procedure and


existing Supreme Court circulars, I hereby certify that I have not
heretofore commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency; that to the best of my knowledge, no such action or
proceeding is pending in the Supreme Court, the Court of Appeals, or
any other tribunal or agency; and that if I should hereafter learn that
other similar or related actions or proceedings has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other
tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this court.

Legaspi City, July 2018.

Hermione Granger
Defendant
SSS ID No: 109424

SUBSCRIBED and sworn to before me in Legaspi City on July 17,


2018, the defendant showing his SSS Member ID Card as stated
above as competent proof of his identity.

Atty. Ronald Weasley


Notary Public

Doc. No.: 08
Page No.: 08
Book No.: 08
Series of 2018

2
DIAZ, Francis C. July 17, 2018
2017400143 Legal Forms

Answer with Cross Claim

REPUBLIC OF THE PHILIPPINES


MUNICIPAL TRIAL COURT
LEGASPI CITY, ALBAY

POTTER, Harry CIVIL Case No: 1016


Plaintiff, For: Unlawful Detainer

-versus-

GRANGER, Hermione
Defendant,

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

ANSWER
(In Re: Complaint, Received on June, 2018)

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

1. Defendant admits the averment in paragraph 1, 2, and 3


of the complaint;
2. Defendant specifically denies the allegation in paragraph
5 of the complaint, the truth being that defendant has
been performing his obligation from February 1, 2015 up
to February 1, 2016.
3. Defendant has no knowledge or information to form a
belief as to the truth of the averment in paragraphs 5 of
the complaint;

By way of counterclaim, defendant alleges:

1. That by virtue of this unwarranted and malicious act


initiated by the plaintiff, defendant was forced to engage
counsel in the sum of P10,000.00.

WHEREFORE, it is respectfully prayed that the complaint be dismissed


and defendant be awarded the amount of P5,000.00.

Other equitable reliefs are likewise prayed for.

Legaspi City, July 17, 2018.

Atty. Francis C. Diaz


Counsel for the Defendant
#0143 Burgundy Tower,
Ayala Ave., Makati City

1
DIAZ, Francis C. July 17, 2018
2017400143 Legal Forms

VERIFICATION and CERTIFICATION AGAINST FORUM SHOPPING

I, Hermione GRANGER, of legal age, single, Filipino, and with postal


address c/o Barangay Mainit, Legaspi City, under oath, depose:

1. I am the defendant in the foregoing case; that I caused the


preparation of the foregoing Answer;
2. I have read its contents; and
3. The same are true and correct of my own direct, personal
knowledge.

Further, pursuant to Rule 7 of the 1997 Rules of Civil Procedure and


existing Supreme Court circulars, I hereby certify that I have not
heretofore commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency; that to the best of my knowledge, no such action or
proceeding is pending in the Supreme Court, the Court of Appeals, or
any other tribunal or agency; and that if I should hereafter learn that
other similar or related actions or proceedings has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other
tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this court.

Legaspi City, July 2018.

Hermione Granger
Defendant
SSS ID No: 109424

SUBSCRIBED and sworn to before me in Legaspi City on July 17,


2018, the defendant showing his SSS Member ID Card as stated
above as competent proof of his identity.

Atty. Ronald Weasley


Notary Public

Doc. No.: 08
Page No.: 08
Book No.: 08
Series of 2018

2
DIAZ, Francis C. July 17, 2018
2017400143 Legal Forms

Answer with Affirmative and Negative Denial

REPUBLIC OF THE PHILIPPINES


MUNICIPAL TRIAL COURT
LEGASPI CITY, ALBAY

POTTER, Harry CIVIL Case No: 1016


Plaintiff, For: Unlawful Detainer

-versus-

GRANGER, Hermione
Defendant,

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

ANSWER
(In Re: Complaint, Received on June, 2018)

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

1. Defendant admits the averment in paragraph 1, 2, and 3


of the complaint;
2. Defendant specifically denies the allegation in paragraph
5 of the complaint, the truth being that defendant has
been performing his obligation from February 1, 2015 up
to February 1, 2016.
3. Defendant has no knowledge or information to form a
belief as to the truth of the averment in paragraphs 5 of
the complaint;

By way of affirmative and negative defenses, defendant avers:

1. That the obligation has been paid;


2. That the defendant had lease said house and lot from
plaintiff and paid said monthly obligation;
3. That there is no cause of action against the defendant.

WHEREFORE, it is respectfully prayed that the complaint be


dismissed.

Other equitable reliefs are likewise prayed for.

Legaspi City, July 17, 2018.

Atty. Francis C. Diaz


Counsel for the Defendant
#0143 Burgundy Tower,
Ayala Ave., Makati City

1
DIAZ, Francis C. July 17, 2018
2017400143 Legal Forms

VERIFICATION and CERTIFICATION AGAINST FORUM SHOPPING

I, Hermione GRANGER, of legal age, single, Filipino, and with postal


address c/o Barangay Mainit, Legaspi City, under oath, depose:

1. I am the defendant in the foregoing case; that I caused the


preparation of the foregoing Answer;
2. I have read its contents; and
3. The same are true and correct of my own direct, personal
knowledge.

Further, pursuant to Rule 7 of the 1997 Rules of Civil Procedure and


existing Supreme Court circulars, I hereby certify that I have not
heretofore commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency; that to the best of my knowledge, no such action or
proceeding is pending in the Supreme Court, the Court of Appeals, or
any other tribunal or agency; and that if I should hereafter learn that
other similar or related actions or proceedings has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other
tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this court.

Legaspi City, July 2018.

Hermione Granger
Defendant
SSS ID No: 109424

SUBSCRIBED and sworn to before me in Legaspi City on July 17,


2018, the defendant showing his SSS Member ID Card as stated
above as competent proof of his identity.

Atty. Ronald Weasley


Notary Public

Doc. No.: 08
Page No.: 08
Book No.: 08
Series of 2018

2
DIAZ, Francis C. July 17, 2018
2017400143 Legal Forms

Petition for Injunction with Affidavit of Injunction

REPUBLIC OF THE PHILIPPINES


SUPREME COURT
MANILA, NCR

POTTER, Harry G.R. No: 101678


Petitioner,

-versus-

GRANGER, Hermione
Respondent,

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

PETITION

NOW COMES the Petitioner, BY THEMSELVES, in the above-entitled


case, unto the Honorable Supreme Court, most respectfully avers
THAT:

1. Petitioner is of legal age, Filipino citizen, single, and a


resident of Hogwarts st., Alabang, Muntinlupa City. And that
Respondent is also of legal age, Filipino citizen, single, a
resident of Muggle st., Alabang, Muntinlupa City.
2. On 20 March 2015, petitioner received a copy of a Notice
to Vacate issued by the Office of the Clerk of Court and Ex-
Officio Sheriff of Muntinlupa City based on the Writ of
Execution dated 27 January 2012 issued by the Hon. Albus
Dumbledore, Housing and Land Use Arbiter of the HLURB
Expanded National Capital Region Office. Said notice is
giving herein petitioner ten (10) days to voluntarily vacate
and peacefully turn-over/surrender possession of our
respective occupied premises embraced and described in
TCT NO. PT 121274 to respondent.
3. This petition is an offshoot of a complaint filed by the
Respondent on 24 January 2007 seeking judicial
confirmation of herein petitioner from membership to
respondent association and from enjoyment of the
premises they are now occupying by means of eviction.
4. Petitioners, being not fully lettered with the intricacies and
technicalities of the law, gave so much trust and confidence
to their former counsel. The case treaded various courses
without petitioners knowing the possible outcomes but
resulted into gaining unfavorable judgment.
5. Petitioners can no longer afford to engage the services of a
counsel and they submitted for consideration of the Most
Honorable Court that they are litigating the instant case by
themselves. Again, herein petitioner most respectfully
submit to the Most Honorable Court to consider that the

1
DIAZ, Francis C. July 17, 2018
2017400143 Legal Forms

absence of a counsel on record should not affect their


assertion of enforcing they legal rights
6. There is no appeal or any plain and speedy remedy in the
ordinary course of law that could resolve this very important
matter. Except, to beseech the Most Honorable Court to
use its expansive powers to review cases and
controversies, including the duty to settle actual
controversies involving rights which are legally demandable
and enforceable, and to determine whether or not there has
been a grave abuse of discretion amounting to lack or in
excess of jurisdiction on the part of any branch or
instrumentality of the government.
7. The instant petition involves petitioners who questioned the
manner respondents ignored requirements laid down by
law and established jurisprudence, which would result in
the unfair administration of justice, satisfied the existence
of justiciable controversy.
8. The heart-breaking result of the present controversy
emanated from the gross negligence of the petitioners’
counsel applying the doctrine “negligence of the counsel is
negligence of the client.” However, herein petitioners
believe that their present plight is an exception to the
doctrine. The Most Honorable Court, in the long line of
cases decided admitted exceptions to the general rule
when: (1) the client is deprived of due process, (2) the
application of the general rule will result in outright
deprivation of client’s liberty or property, and (3) where the
interest of justice so requires, and accord relief to client
who suffered by reason of lawyers gross negligence.

WHEREFORE, premises considered, Petitioner most respectfully


prays of the Most Honorable Court the following

1. That this Petition be given due course;

2. That a Preliminary Mandatory Injunction and/or Temporary


Restraining Order be issued pending resolution of the
instant petition;

3. That after notice and hearing, a final order be issued:


SETTING ASIDE AND OVERRULING HLURB ENCRFO 21
January 2010 Decision and to forestall 27 January 2012
Writ of Execution.

Other reliefs and remedies, which are just and equitable, are likewise
prayed for.

Muntinlupa City; 26 March 2015

Harry Potter
Petitioner

2
DIAZ, Francis C. July 17, 2018
2017400143 Legal Forms

VERIFICATION and DECLARATION OF NON- FORUM SHOPPING

I, Harry Potter, Filipino and of legal age, and presently residing in


Hogwarts st., Alabang, Muntinlupa City, after having been duly sworn
on oath, hereby deposes and states THAT:

1. I am the Petitioner in the above-entitled petition;


2. I caused the preparation and filing of the above Petition for
for the Issuance of Preliminary Mandatory Injunction and all
the allegations thereon were read by us and we found them
to be true and correct of my personal knowledge and based
on authentic records;
3. Further, pursuant to Rule 7 of the 1997 Rules of Civil
Procedure and existing Supreme Court circulars, I hereby
certify that I have not heretofore commenced any other
action or proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or any other tribunal
or agency; that to the best of my knowledge, no such action
or proceeding is pending in the Supreme Court, the Court of
Appeals, or any other tribunal or agency; and that if I should
hereafter learn that other similar or related actions or
proceedings has been filed or is pending before the
Supreme Court, the Court of Appeals, or any other tribunal
or agency, I undertake to report that fact within five (5) days
therefrom to this court.

Muntinlupa City, July 2015.

Harry Potter
Petitioner
SSS ID No: 109424

3
DIAZ, Francis C. July 17, 2018
2017400143 Legal Forms

AFFIDAVIT OF INJUNCTION

Harry Potter, of legal age and resident of the City of Muntinlupa,


Philippines, after having been duly sworn in accordance with law,
hereby deposes and says:

That he is the Petitioner in the above entitled case and is entitled to the
relief demanded in the complaint in whole or in part and such other
relief consists in restraining the commission or continuance of the acts
complained of either for a limited period or perpetually;

That the commission or continuance of the acts complained of during


the litigation will work injury to herein plaintiff and that the defendant is
doing, threatens, or is about to do, or is procuring or suffering to be
done the acts tending to render the judgment ineffectual;

And that he is willing and ready to file a bond in the amount which may
be fixed by the Court to the effect that he, the petitioner, will pay
the defendant all the damages which the latter may sustain by reason
of the injunction if the court should finally decide that the plaintiff was
not entitled thereto.

Harry Potter
Petitioner

SUBSCRIBED and sworn to before me in Muntinlupa City on July 17,


2015, the defendant showing his SSS Member ID Card as stated
above as competent proof of his identity.

Atty. Ronald Weasley


Notary Public

Doc. No.: 08
Page No.: 08
Book No.: 08
Series of 2018

4
DIAZ, Francis C. July 17, 2018
2017400143 Legal Forms

Petition of Habeas Corpus

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
CITY OF MANILA

GRANGER, Hermione S.P. No: 101678


Petitioner,

-versus-

POTTER, Harry
Respondent,

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

PETITION

NOW COMES the Petitioner, BY THEMSELVES, in the above-entitled


case, unto this Court, most respectfully avers THAT:

1. Petitioner is of legal age, Filipino citizen, single, and a


resident of Hogwarts st., Alabang, Muntinlupa City. And that
Respondent is also of legal age, Filipino citizen, single, a
resident of Muggle st., Alabang, Muntinlupa City.
2. Petitioner is the mother of the minors Albus and Severus
Potter, who were born out of the valid marriage between
petitioner and respondent.
3. The marriage failed and petitioner has been living
separately from respondent since 2004. Sometime in
February 2016, respondent, unknown to petitioner,
abducted the minor children and has kept them
incommunicado and out petitioners reach.
4. Being below seven (7) years of age, custody of the minors
is naturally presumed to belong to petitioner, as their
mother. Consequently, respondent’s refusal to allow
petitioner to regain custody over the minors is unlawful and
unjustifiable.

WHEREFORE, petitioner respectfully prays that a writ of habeas


corpus be issued directing respondent to make a return showing his
legal authority to detain the children, and thereafter, present the
children personally before the Court on a date and time it chooses.

Muntinlupa City; July 2018

Atty. Francis C. Diaz


Counsel for Petitioner
#0143 Burgundy Tower,
Ayala Ave., Makati City

1
DIAZ, Francis C. July 17, 2018
2017400143 Legal Forms

VERIFICATION and CERTIFICATION AGAINST FORUM SHOPPING

I, Hermione GRANGER, of legal age, single, Filipino, and with postal


address c/o Barangay Mainit, Legaspi City, under oath, depose:

1. I am the petitioner in the foregoing case; that I caused the


preparation of the foregoing Petition;
2. I have read its contents; and
3. The same are true and correct of my own direct, personal
knowledge.

Further, pursuant to Rule 7 of the 1997 Rules of Civil Procedure and


existing Supreme Court circulars, I hereby certify that I have not
heretofore commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency; that to the best of my knowledge, no such action or
proceeding is pending in the Supreme Court, the Court of Appeals, or
any other tribunal or agency; and that if I should hereafter learn that
other similar or related actions or proceedings has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other
tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this court.

Legaspi City, July 2018.

Hermione Granger
Petitioner
SSS ID No: 109424

SUBSCRIBED and sworn to before me in Muntinlupa City on July 17,


2018, the defendant showing his SSS Member ID Card as stated
above as competent proof of his identity.

Atty. Ronald Weasley


Notary Public

Doc. No.: 08
Page No.: 08
Book No.: 08
Series of 2018

2
DIAZ, Francis C. July 17, 2018
2017400143 Legal Forms

Real Estate Mortgage

Republic of the Philippines )


Muntinlupa City ) s.s

REAL ESTATE MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

This Real Estate Mortgage made and executed by and between:


Harry Potter, of legal age, Filipino, single, with residence at
Hogwarts st., Alabang, Muntinlupa City and hereinafter referred
to as the “MORTGAGOR”,

-and-

Hermione Granger of legal age, Filipino, single, with residence at


Muggle st., Alabang, Muntinlupa City and hereinafter referred to
as the “MORTGAGEE”.

WITNESSETH: That –

WHEREAS, the MORTGAGOR is the absolute and registered owner of


a parcel of land situated at Brgy. Hosmead, Munintlupa City covered by
Transfer Certificate of Title No. 109424 of the Registry of Deeds;

WHEREAS, the MORTGAGOR is indebted to the MORTGAGEE in the


principal sum of five hundred thousand (Php 500,000.00) Philippine
currency;

WHEREAS, the MORTGAGOR has agreed to secure the payment of


the Note to the MORTGAGEE by means of a good and valid mortgage
upon the property herein described below;

NOW, THEREFORE, for and in consideration of the foregoing


premises and as security for payment of the aforesaid obligation, the
MORTGAGOR has transferred and conveyed, and by these presents
transfer and convey by way of MORTGAGE, unto the MORTGAGEE,
his/her heirs, successors or assigns the aforesaid parcel of land
[with/without improvements] situated at Brgy. Hosmead, Munintlupa
City, and more particularly described as follows:

TRANSFER CERTIFICATE OF TITLE NO. 109424

A PARCEL OF LAND (Lot 32 of the consolidation-subdivision


plan (LRC) Pcs-5141, being a portion of the consolidation of Lots
1 and 2, Psu-112287 Amd., LRC (GLRO) Rec. No. N-17511),
situated in the Dist. Of Alabang, City of Muntinlupa, Metro Manila,
Island of Luzon.

1
DIAZ, Francis C. July 17, 2018
2017400143 Legal Forms

Bounded on the NE., points 3 to 6, by Lot 85; on the S., points 6


to 1 by Lot 30; on the SW., points 1 to 2, by Lot 31; and on the
N., points 2 to 3 by Lot 35, all of the consolidation-subdivision
plan. Beginning at a point marked "1" on plan, being N. 51 deg.
36' E., 1321.76 m. from B.L.L.M. No.1, Muntinlupa, Metro
Manila.

It is agreed and understood that if at any time the MORTGAGOR shall


fail or refuse to pay the obligations herein secured, or default in any
installment(s) and/or amortization(s) of such indebtedness or the
principal obligation when due, or to comply with any of the conditions
and stipulations herein agreed or in the separate instruments
evidencing the obligations hereby secured or shall, during the time this
mortgage is in force, institute insolvency, suspension of payment or
similar proceedings, or be involuntary declared insolvent or writ of
garnishment and/or attachment be issued against any of the assets or
income of the MORTGAGOR or if this mortgage cannot be recorded in
the Registry of Deeds, then all the obligations of the MORTGAGOR
secured by this Mortgage shall immediately become due and payable
and defaulted and the MORTGAGEE may immediately foreclose this
mortgage judicially, or extra-judicially pursuant to Act No. 3135, as
amended.

The MORTGAGEE is hereby appointed attorney-in-fact of the


MORTGAGOR, with full power and authority to take actual possession
of the mortgaged property at once, and to forthwith foreclose this
mortgage judicially, or to sell the above-described properties extra-
judicially in accordance with Act No. 3135, as amended, and to take
such other action(s) as he may be deem necessary to recover the
amount due; and in the event of such judicial or estra-judicial
foreclosure or other legal action, the MORTGAGEE shall be entitled to
compensation for expenses, attorney’s fees and costs of collection,
which is stipulated to be twenty five percent (25%) of the indebtedness
then unpaid but not less than Php50,000.00.

The condition of this mortgage is such that if the MORTGAGOR shall


well and truly pay or cause to be paid to the MORTGAGEE the
obligation in the principal sum with accrued interest, according to the
terms and tenor hereof, then this mortgage shall thereby fully
discharged and without further effect; OTHERWISE, it shall remain in
full force and effect and shall be enforceable in the manner provided by
law.

IN WITNESS WHEREOF, the parties have caused these presents to


be signed on July, 2018 at San Beda College Alabang.

Harry Potter Hermione Granger


Mortgagor Mortgagee

2
DIAZ, Francis C. July 17, 2018
2017400143 Legal Forms

SIGNED IN THE PRESENCE OF:

Ronald Weasly Cho Chang


Witness Witness

ACKNOWLEDGMENT

SUBSCRIBED and sworn to before me in Muntinlupa City on July 17,


2018, the mortgagor showing his SSS Member ID Card No: 4333259
and mortgagee showing his Driver Lisence ID Card No: 301059 as as
competent proof of identity.

Atty. Francis Diaz


Notary Public

Doc. No.: 08
Page No.: 08
Book No.: 08
Series of 2018

3
DIAZ, Francis C. July 17, 2018
2017400143 Legal Forms

Deed of Sale under Pacto de Retro

Republic of the Philippines )


Muntinlupa City ) s.s

DEED OF SALE WITH PACTO DE RETRO

KNOW ALL MEN BY THESE PRESENTS:

This deed of sale made and executed by and between: Harry


Potter, of legal age, Filipino, single, with residence at Hogwarts
st., Alabang, Muntinlupa City and hereinafter referred to as the
“VENDOR”,

-and-

Hermione Granger of legal age, Filipino, single, with residence at


Muggle st., Alabang, Muntinlupa City and hereinafter referred to
as the “VENDEE”.

WITNESSETH: That –

WHEREAS, the VENDOR is the absolute and registered owner of a


parcel of land situated at Brgy. Hosmead, Munintlupa City and more
particularly described as follows:

TRANSFER CERTIFICATE OF TITLE NO. 109424

A PARCEL OF LAND (Lot 32 of the consolidation-subdivision


plan (LRC) Pcs-5141, being a portion of the consolidation of Lots
1 and 2, Psu-112287 Amd., LRC (GLRO) Rec. No. N-17511),
situated in the Dist. Of Alabang, City of Muntinlupa, Metro Manila,
Island of Luzon.

Bounded on the NE., points 3 to 6, by Lot 85; on the S., points 6


to 1 by Lot 30; on the SW., points 1 to 2, by Lot 31; and on the
N., points 2 to 3 by Lot 35, all of the consolidation-subdivision
plan. Beginning at a point marked "1" on plan, being N. 51 deg.
36' E., 1321.76 m. from B.L.L.M. No.1, Muntinlupa, Metro
Manila.

THAT the SELLER, for and in consideration of the amount of FIVE


HUNDREDTHOUSAND PESOS (P500,000.00), Philippine Currency,
receipt in full is hereby acknowledged by her to her satisfaction,
hereby SELL, TRANSFER and CONVEY under PACTO DE RETRO
unto said BUYER, his heirs and assigns, the above described property
with all the buildings and improvement thereon, free from liens and
encumbrances whatsoever;

1
DIAZ, Francis C. July 17, 2018
2017400143 Legal Forms

THAT the SELLER, in executing this conveyance, hereby reserves the


right to REPURCHASE, and the BUYER, in accepting the same,
hereby obligates himself to RESELL the property herein conveyed
within a period of five (5) years from and after the date of this
instrument for the same price of FIVE HUNDRED THOUSAND PESOS
(P500,000.00), Philippine Currency: Provided however, that if the
SELLER fails to exercise her right to repurchase as herein granted
within the period stipulated, then this conveyance shall become
absolute and irrevocable, without the necessity of drawing up a new
deed of absolute sale, subject to the requirements of the law
regarding consolidation of ownership of real property.

IN WITNESS WHEREOF, the parties have hereunto set


their hands this 16th day of June 2013 in Manila, Philippines.

Harry Potter Hermione Granger


Vendor Vendee

ACKNOWLEDGMENT

SUBSCRIBED and sworn to before me in Muntinlupa City on July 17,


2018, the mortgagor showing his SSS Member ID Card No: 4333259
and mortgagee showing his Driver Lisence ID Card No: 301059 as as
competent proof of identity.

Atty. Francis Diaz


Notary Public

Doc. No.: 08
Page No.: 08
Book No.: 08
Series of 2018

2
DIAZ, Francis C. July 17, 2018
2017400143 Legal Forms

Deed of Sale

Republic of the Philippines )


Muntinlupa City ) s.s

DEED OF SALE

KNOW ALL MEN BY THESE PRESENTS:

This deed of sale made and executed by and between: Harry


Potter, of legal age, Filipino, single, with residence at Hogwarts
st., Alabang, Muntinlupa City and hereinafter referred to as the
“VENDOR”,

-and-

Hermione Granger of legal age, Filipino, single, with residence at


Muggle st., Alabang, Muntinlupa City and hereinafter referred to
as the “VENDEE”.

WITNESSETH: That –

WHEREAS, the VENDOR is the absolute and registered owner of a


parcel of land situated at Hosmeade st., Alabang, Munintlupa City and
more particularly described as follows:

TRANSFER CERTIFICATE OF TITLE NO. 109424

A PARCEL OF LAND (Lot 32 of the consolidation-subdivision


plan (LRC) Pcs-5141, being a portion of the consolidation of Lots
1 and 2, Psu-112287 Amd., LRC (GLRO) Rec. No. N-17511),
situated in the Dist. Of Alabang, City of Muntinlupa, Metro Manila,
Island of Luzon.

Bounded on the NE., points 3 to 6, by Lot 85; on the S., points 6


to 1 by Lot 30; on the SW., points 1 to 2, by Lot 31; and on the
N., points 2 to 3 by Lot 35, all of the consolidation-subdivision
plan. Beginning at a point marked "1" on plan, being N. 51 deg.
36' E., 1321.76 m. from B.L.L.M. No.1, Muntinlupa, Metro
Manila.

THAT the SELLER, for and in consideration of the amount of FIVE


HUNDREDTHOUSAND PESOS (P500,000.00), Philippine Currency,
receipt in full is hereby acknowledged by her to her satisfaction,
hereby SELL, TRANSFER and CONVEY unto said BUYER, his heirs
and assigns, the above described property with all the buildings
and improvement thereon, free from liens and encumbrances
whatsoever;

1
DIAZ, Francis C. July 17, 2018
2017400143 Legal Forms

IN WITNESS WHEREOF, the parties have hereunto set


their hands this 16th day of June 2013 in Manila, Philippines.

Harry Potter Hermione Granger


Vendor Vendee

ACKNOWLEDGMENT

SUBSCRIBED and sworn to before me in Muntinlupa City on July 17,


2018, the mortgagor showing his SSS Member ID Card No: 4333259
and mortgagee showing his Driver Lisence ID Card No: 301059 as as
competent proof of identity.

Atty. Francis Diaz


Notary Public

Doc. No.: 08
Page No.: 08
Book No.: 08
Series of 2018

2
DIAZ, Francis C. July 17, 2018
2017400143 Legal Forms

Contract of Sale of Real Property

Republic of the Philippines )


Muntinlupa City ) s.s

CONTRACT OF SALE

KNOW ALL MEN BY THESE PRESENTS:

This contract of sale made and executed by and between: Harry


Potter, of legal age, Filipino, single, with residence at Hogwarts
st., Alabang, Muntinlupa City and hereinafter referred to as the
“VENDOR”,

-and-

Hermione Granger of legal age, Filipino, single, with residence at


Muggle st., Alabang, Muntinlupa City and hereinafter referred to
as the “VENDEE”.

WITNESSETH: That –

WHEREAS, the VENDOR is the absolute and registered owner of a


parcel of land situated at Hosmeade st., Alabang, Munintlupa City and
more particularly described as follows:

TRANSFER CERTIFICATE OF TITLE NO. 109424

A PARCEL OF LAND (Lot 32 of the consolidation-subdivision


plan (LRC) Pcs-5141, being a portion of the consolidation of Lots
1 and 2, Psu-112287 Amd., LRC (GLRO) Rec. No. N-17511),
situated in the Dist. Of Alabang, City of Muntinlupa, Metro Manila,
Island of Luzon.

Bounded on the NE., points 3 to 6, by Lot 85; on the S., points 6


to 1 by Lot 30; on the SW., points 1 to 2, by Lot 31; and on the
N., points 2 to 3 by Lot 35, all of the consolidation-subdivision
plan. Beginning at a point marked "1" on plan, being N. 51 deg.
36' E., 1321.76 m. from B.L.L.M. No.1, Muntinlupa, Metro
Manila.

THAT the SELLER, for and in consideration of the amount of FIVE


HUNDREDTHOUSAND PESOS (P500,000.00), Philippine Currency,
receipt in full is hereby acknowledged by her to her satisfaction,
hereby SELL, TRANSFER and CONVEY unto said BUYER, his heirs
and assigns, the above described property with all the buildings
and improvement thereon, free from liens and encumbrances
whatsoever;

1
DIAZ, Francis C. July 17, 2018
2017400143 Legal Forms

IN WITNESS WHEREOF, the parties have hereunto set


their hands this 16th day of June 2013 in Manila, Philippines.

Harry Potter Hermione Granger


Vendor Vendee

ACKNOWLEDGMENT

SUBSCRIBED and sworn to before me in Muntinlupa City on July 17,


2018, the mortgagor showing his SSS Member ID Card No: 4333259
and mortgagee showing his Driver License ID Card No: 301059 as
competent proof of identity.

Atty. Francis Diaz


Notary Public

Doc. No.: 08
Page No.: 08
Book No.: 08
Series of 2018

2
DIAZ, Francis C. July 17, 2018
2017400143 Legal Forms

Contract of Sale of Personal Property

Republic of the Philippines )


Muntinlupa City ) s.s

CONTRACT OF SALE

KNOW ALL MEN BY THESE PRESENTS:

This deed of sale made and executed by and between: Harry


Potter, of legal age, Filipino, single, with residence at Hogwarts
st., Alabang, Muntinlupa City and hereinafter referred to as the
“VENDOR”,

-and-

Hermione Granger of legal age, Filipino, single, with residence at


Muggle st., Alabang, Muntinlupa City and hereinafter referred to
as the “VENDEE”.

WITNESSETH: That –

That for and in consideration of the sum of ONE HUNDRED EIGHTY


THOUSAND PESOS ONLY(Php 180,000.00) Philippine Currency, in
hand this date received by the VENDOR from the VENDEE to the
former’s full satisfaction and benefit, the VENDOR hereby SELLS,
TRANSFERS and CONVEYS, in a manner absolute and irrevocable
unto said VENDEE, her successors and assigns, that certain motor
vehicle particularly described as follows:

MAKE/TYPE: KIA SPORTAGE WAGON


CHASSIS NO: KNAJA5565XA804452
ENGINE NO.: RT-634340
PLATE NO.: MFP-239
COLOR: BLUE/SILVER

Of which said VENDOR, is the absolute owner as a warranty thereof,


covenants that she has a perfect right to sell and transfer said motor
vehicle and that she will defend the same against lawful claims from all
persons whomsoever.

IN WITNESS WHEREOF, the parties have hereunto set


their hands this 16th day of June 2013 in Manila, Philippines.

Harry Potter Hermione Granger


Vendor Vendee

1
DIAZ, Francis C. July 17, 2018
2017400143 Legal Forms

ACKNOWLEDGMENT

SUBSCRIBED and sworn to before me in Muntinlupa City on July 17,


2018, the mortgagor showing his SSS Member ID Card No: 4333259
and mortgagee showing his Driver License ID Card No: 301059 as
competent proof of identity.

Atty. Francis Diaz


Notary Public

Doc. No.: 08
Page No.: 08
Book No.: 08
Series of 2018

2
DIAZ, Francis C. July 17, 2018
2017400143 Legal Forms

Motion to Quash

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
CITY OF MANILA

PEOPLE of the Philippines Criminal Case No: 101678


Plaintiff, For: Theft

-versus-

POTTER, Harry
Accused,

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

MOTION TO QUASH

Accused Harry Potter, by counsel, respectfully moves for the quashal


of the Information dated 20 August 2010 issued by Assistant City
Prosecutor Ronald Weasley on the following ground:

The court did not acquire jurisdiction over the person of the accused as
the arrest was illegal.

1. In the present case, the prosecution asserts that the


warrantless arrest of the accused Harry Potter was the result of
a validly conducted buy-bust operation. They likewise claim that
the arrest was performed after the accused had been duly
informed of his constitutional rights.
2. Contrary to the claim of the apprehending police officers that
the warrantless arrest was the result of a valid buy-bust
operation, no actual buy-bust operation did in fact take place.
As stated by the accused in his Counter-Affidavit, members of
the Philippine Drug Enforcement Agency (PDEA) broke into his
house by breaking open the padlock of his garage gate.
Without introducing themselves as PDEA officers or presenting
any warrant, 12-15 operatives of the PDEA armed with high-
powered firearms then stormed his home confiscating money,
cellular phones and other valuables from the persons of the
accused and his visitors. The PDEA members then proceeded
to haul off various items from within the home of the accused.
3. The accused then recounts that the PDEA operatives then
escorted him to a Red Toyota Revo, which then brought them to
Camp Halfblood. The accused were not informed of their rights
upon their arrest, as well as what offense they were being
charged with.
4. The right of the people to be secure against unreasonable
searches and seizures is an inviolable right protected by the
Constitution. As such no person may be validly arrested without

1
DIAZ, Francis C. July 17, 2018
2017400143 Legal Forms

the benefit of a warrant of arrest, except in the specific


instances provided by law. Any warrantless arrest done outside
the specific instances provided by law are thus deemed to be
contrary to law and illegal.
5. Thus considering that the only means, by which the court
acquires jurisdiction over the person of an accused is either by
his/her arrest or voluntary appearance, the effect of an illegal
arrest absent the voluntary appearance of the accused is that
the court does not acquire jurisdiction over his/her person.

There is no recourse left other than to quash the present information,


as the court has not acquired jurisdiction over the person of the
accused.

PRAYER

WHEREFORE, considering the manifest illegality of the arrest of the


accused Harry Potter on 20 July 2010 and the consequent absence of
jurisdiction by the court over the person of the accused, it is
respectfully prayed that the Information for Violation of Section 5 of
Republic Act No. 9165, otherwise known as “The Comprehensive
Dangerous Drugs Act of 2002”, issued by Assistant City Prosecutor
Ronald Weasley on 20 August 2010 against the accused be quashed.
Other just and equitable reliefs are likewise prayed for.

City of Manila for Quezon City, 17 September 2010.

Atty. Francis Diaz


Counsel for Accused
#1094 Burgundy Tower
Ayala Ave., Makati City

NOTICE OF HEARING

Greetings: Please take notice that the foregoing Motion will be


submitted for the Court’s consideration and resolution on 24
September 2010 at 8:30 a.m. or as soon thereafter as matter and
counsel may be heard.