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FORM 21.

DEATH OF PARTIES- NOTICE OF DEATH

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

JOHN CRUZ,
Plaintiff,
-versus- Civil Case No. 1883

MARSHA SANTIAGO,
Defendant,
x--------------------x

NOTICE OF DEATH OF PARTY

The undersigned counsel for plaintiff, hereby gives notice that John Cruz died on January 12, 2018, his
death certificate being attached hereto as “Annex A”.

The heirs or representatives of the deceased are the following:

1. Julia Cruz, Filipino citizen, of legal age, and a resident of Santa Maria, Zamboanga City.
2. Mark Cruz, Filipino citizen, of legal age, and a resident of Santa Maria, Zamboanga City.

San Roque Zamboanga City. February 19, 2018

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FORM 22. LITIGANT AS AN INDIGENT PARTY

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

JOHN CRUZ,
Plaintiff,
-versus- Civil Case No. 1881

MARSHA SANTIAGO,
Defendant,
x----------------------x

EX PARTE LITIGATION TO LITIGATE AS INDIGENT

Applicant John Cruz, by counsel and to this Honorable Court, respectfully alleges:

Applicant is of legal age, married and with two minor children and with residence at Barangay Santa
Maria, Zamboanga City.

1. He intends to file a complaint for damages for serious physical injuries caused by vehicular accident
arising from the reckless and gross negligence of owner and driver of the Vehicle, Ms. Marsha
Santiago, on January 20, 2018 in Pasonanca, Zamboanga City, consisting of P15,000.00 as medical
expenses, which had not been paid, moral damages of P20,000.00 and loss of income for almost total
physical disability of P200.00 a day, when working.
2. Applicant has no money or property sufficient and available for food, shelter and basic necessities for
himself, his wife who is jobless and two minor children. They live in the address indicated as squatters.
He has no money to pay the filing and other fees for litigation of his claim, and he has secured the
services of counsel on contingent basis of 10% of whatever may be recovered as damages as attorney’s
fees.

WHEREFORE, applicant respectfully prays that he be authorized to litigate as indigent exempt from
payment of docket and other lawful fees and of transcripts of stenographic notes.

Santa Maria, Zamboanga City. February 19, 2018

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VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, John Cruz, of legal age, Filipino citizen, married, and a resident of Santa Maria, Zamboanga City, on
oath, state:

1. That I as plaintiff in the above-entitled case have caused this Civil Case No. 1881 to be prepared; that
I read and understand its contents which are true and correct of my own personal knowledge and/or
based on true records;
2. That I have not commenced any action or proceeding involving the same issue in the Supreme Court,
the Court of Appeals, or any other tribunal or agency, particularly before the Office of the City
Prosecutor of Zamboanga City; 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 learn thereafter that a similar action or proceeding has been filed or is pending before these
courts or tribunal or agency, I undertake to report that fact to the Court within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this 19th of February of, 2018 at Zamboanga City,
Philippines.

John Cruz
Affiant

SUBSCRIBED AND SWORN to before on this 19th day of February, 2018

NOTARY PUBLIC

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FORM 23. METHODICAL STATEMENT OF ULTIMATE FACTS

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

JOHN CRUZ,
Plaintiff,
-versus- Civil Case No. 1775

MARSHA SANTIAGO,
Defendant,
x----------------------x

METHODICAL STATEMENT OF ULTIMATE FACTS

1. Defendant borrowed from plaintiff on January 29, 2017, the amount of P500,000.00, with interest thereon
at 12% per annum, as evidenced by a promissory note of said date, payable six (6) months therefrom, upon
demand. The note also provides that in case of litigation to enforce the same, defendant agreed to pay
attorney’s fees and expenses of litigation in the amount of 20% of the amount due. Copy of said promissory
note is attached hereto and made an integral part hereof, as Annex “A”.
2. The six (6) months from January 29, 2017 having lapsed and the promissory note having become due and
demandable, plaintiff send a letter of demand to defendant on August 30, 2017 asking defendant to pay
the amount of the promissory note, plus 12% interest thereon from January 29, 2017, notwithstanding
which defendant failed and refused to pay said amount.
3. As a result of defendant’s refusal to pay the amount of said promissory note, plus 12% therein from January
29, 2017, notwithstanding repeated demands, both verbal and written, plaintiff is constrained to file the
instant suit to protect his interest and to incur attorney’s fees and expenses of litigation in the amount of
20% of P500,000.00, as stipulated in the promissory, which should be assessed against defendant.

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FORM 24. MINORS AS REPRESENTED BY GUARDIAN

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

JOHN CRUZ, minor and Emilia Cruz


as his guardian ad litem
Plaintiff,
-versus- Civil Case No. 1773

MARSHA SANTIAGO,
Defendant,
x-----------------------x

Plaintiff John Cruz is 15 years old, the only child of spouses Emilio Cruz and Juana Cruz, both being dead,
and he is represented in this suit for reconveyance of real property which he inherited from his parents when the
latter died in 2000 and said parcel of land was registered in the name of defendant, in trust and for the benefit of
the plaintiff. For the purpose of this suit, Emilia Cruz alleges that she is the aunt of plaintiff, that she has the
interest of the plaintiff, and prays of the Honorable Court that she be appointed guardian ad litem, to represent the
plaintiff and protect his interests in the instant case.

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, John Cruz, 15 years old, Filipino citizen, single, and a resident of Santa Maria, Zamboanga City, on
oath, state:

1. That I as plaintiff in the above-entitled case have caused this Civil Case No. 1773 to be prepared; that
I read and understand its contents which are true and correct of my own personal knowledge and/or
based on true records;
2. That I have not commenced any action or proceeding involving the same issue in the Supreme Court,
the Court of Appeals, or any other tribunal or agency, particularly before the Office of the City
Prosecutor of Zamboanga City; 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 learn thereafter that a similar action or proceeding has been filed or is pending before these
courts or tribunal or agency, I undertake to report that fact to the Court within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this 19th of February of, 2018 at Zamboanga City,
Philippines.

John Cruz
Affiant

SUBSCRIBED AND SWORN to before on this 19th day of February, 2018

NOTARY PUBLIC

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FORM 25. CAPACITY OF FOREIGN CORPORATION ON ISOLATED TRANSACTION

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

ABC CORPORATION REPRESENTED BY JOHN CRUZ


CORPORATE VICE PRESIDENT
Plaintiff,
-versus- Civil Case No. 1772

MARSHA SANTIAGO,
Defendant,
x----------------------x

Plaintiff is a foreign corporation of the State of New York, USA, and is duly licensed to do business in the
Philippines by the Securities of Exchange Commission, with offices in the Philippines at 123 Santa Maria,
Zamboanga City.

ABC Corporation is a foreign corporation organized under the laws of the State of New York, USA, which
is represented in this suit by John Cruz, a corporate vice president of said corporation, who is duly authorized by
its board of directors in its board resolution, to file this suit, to execute the verification and non-forum certification
and to agree to any and all matters that may be taken in the pre-trial of case, certified true copy of which resolution
is attached hereto as Annex “A”. Plaintiff is suing on an isolated transaction, involving recovery of a sum of
money arising from a contract executed in New Jersey, USA, by the parties thereto, the defendant, a Philippine
resident, being one of such parties.

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, John Cruz, of legal age, Filipino citizen, single, and a resident of Santa Maria, Zamboanga City, on oath,
state:

1. That I as plaintiff in the above-entitled case have caused this Civil Case No. 1772 to be prepared; that
I read and understand its contents which are true and correct of my own personal knowledge and/or
based on true records;
2. That I have not commenced any action or proceeding involving the same issue in the Supreme Court,
the Court of Appeals, or any other tribunal or agency, particularly before the Office of the City
Prosecutor of Zamboanga City; 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 learn thereafter that a similar action or proceeding has been filed or is pending before these
courts or tribunal or agency, I undertake to report that fact to the Court within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this 19th of February of, 2018 at Zamboanga City,
Philippines.

John Cruz
Affiant

SUBSCRIBED AND SWORN to before on this 19th day of February, 2018

NOTARY PUBLIC

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FORM 26. CAPACITY OF FOREIGN CORPORATION FOR ENFORCEMENT OF JUDGMENT
UNDER UNFAIR COMPETITION

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

ABC CORPORATION REPRESENTED BY JOHN CRUZ


CORPORATE VICE PRESIDENT
Plaintiff,
-versus- Civil Case No. 1771

MARSHA SANTIAGO,
Defendant,
x----------------------x

Plaintiff is a foreign corporation of the State of New York, USA, and is duly licensed to do business in the
Philippines by the Securities of Exchange Commission, with offices in the Philippines at 123 Santa Maria,
Zamboanga City.

The United States, under which plaintiff is organized and is a resident, and the Philippines are both
members of the Paris Convention on the protection of trademarks, pursuant to which Philippine Laws grant
juridical entities domiciled in said member country to sue for infringement of their trademark in the Philippines
and unfair competition.

On January 15, 2018, plaintiff secured a judgment under unfair competition against defendant in the Court
of New York, USA, holding the latter liable in favor of the former for Twenty Thousand dollars (US$20,000),
certified true copy of which judgment is attached as Annex “A.”

Notwithstanding the fact that said judgment had become final and executory and notwithstanding repeated
demands, defendant failed and refused and continues to fail and refuse to pay said money judgment of US$20,000.

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FORM 27. REVIVAL OF JUDGMENT OF LOWER COURT

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

JOHN CRUZ,
Plaintiff,
-versus- Civil Case No. 1667

MARSHA SANTIAGO,
Defendant,
x----------------------x

Plaintiff and defendant are of legal age, and both are residents of Zamboanga City.

On January 29, 2012, plaintiff obtained a money judgment for P2,000,000.00 against defendant in the
Regional Trial Court of Zamboanga City, Philippines. Because defendant kept promising to pay said amount,
plaintiff did not take any legal steps to execute said judgment, until he realized that defendant had no intention to
pay the same and more than five (5) years but less than ten (10) years had elapsed.

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FORM 28. CONTESTING DOCUMENTS

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

JOHN CRUZ,
Plaintiff,
-versus- Civil Case No. 1662

MARSHA SANTIAGO,
Defendant,
x----------------------x

Plaintiff and defendant are of legal age and are residents of Zamboanga City.

Defendant specifically denies under oath the genuineness and due execution of the promissory note,
attached as Annex “A” of the complaint, the truth being that he did not execute said promissory note and that his
signature therein is a forgery.

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, Marsha Santiago, of legal age, Filipino citizen, single, and a resident of Santa Maria, Zamboanga City,
on oath, state:

1. That I as defendant in the above-entitled case have caused this Civil Case No. 1662 to be prepared;
that I read and understand its contents which are true and correct of my own personal knowledge and/or
based on true records;
2. That I have not commenced any action or proceeding involving the same issue in the Supreme Court,
the Court of Appeals, or any other tribunal or agency, particularly before the Office of the City
Prosecutor of Zamboanga City; 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 learn thereafter that a similar action or proceeding has been filed or is pending before these
courts or tribunal or agency, I undertake to report that fact to the Court within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this 19th of February of, 2018 at Zamboanga City,
Philippines.

Marsha Santiago
Affiant

SUBSCRIBED AND SWORN to before on this 19th day of February, 2018

NOTARY PUBLIC

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FORM 29. MOTION TO STRIKE OUT SHAM OR FALSE PLEADINGS

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

JOHN CRUZ,
Plaintiff,
-versus- Civil Case No. 1661

MARSHA SANTIAGO,
Defendant,
x----------------------x

COMES now defendant, by counsel and to this Honorable Court, respectfully alleges:

In plaintiff’s complaint, he called defendant a theft, a criminal and without honor, the pertinent portions
of which complaint reading as follows:

Plaintiff and defendant are co-workers, on December 8, 2017, the latter without authority took the former’s
laptop. When the plaintiff confronted the defendant, to the plaintiff’s surprise, the defendant “shouted “you are
poor, you cannot afford to buy anything and I can buy your life” and slapped his face,” because of anger, the
plaintiff called defendant a theft, criminal and without honor.

Said quoted portions of the complaint are false, sham and impertinent and come within the provisions of
Sec. 12, Rule 8 of the Rules of Court, which justify their being stricken out of the complaint.

By signing said complaint, counsel for plaintiff violated Rule 11. 03 of the Code of Professional
Responsibility, which states that “A lawyer shall abstain from any scandalous, offensive, or menacing language
or behavior before the court.”

Defendant has not filed his answer to the complaint, the period to file the same not having lapsed.

WHEREFORE, defendant prays that the portion of the complaint above-qouted be stricken therefrom, and
that counsel for plaintiff be dealt with accordingly.

Notice of hearing

Atty. Jay Dizon


Counsel for plaintiff,

Please be informed that counsel for defendant has set the motion to strike out sham portions of the
complaint on March 1, 2018 at 8:30 am, or soon thereafter as parties may be heard and depending upon availability
of the court calendar as the clerk of court may set.

Copy furnished:
Counsel for plaintiff
Santa Maria Zamboanga City

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VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, Marsha Santiago, of legal age, Filipino citizen, single, and a resident of Santa Maria, Zamboanga City,
on oath, state:

1. That I as defendant in the above-entitled case have caused this Civil Case No. 1661 to be prepared;
that I read and understand its contents which are true and correct of my own personal knowledge
and/or based on true records;
2. That I have not commenced any action or proceeding involving the same issue in the Supreme
Court, the Court of Appeals, or any other tribunal or agency, particularly before the Office of the
City Prosecutor of Zamboanga City; 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 learn thereafter that a similar action or proceeding has been filed or is pending before
these courts or tribunal or agency, I undertake to report that fact to the Court within five (5) days
therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this 19th of February of, 2018 at Zamboanga City,
Philippines.

Marsha Santiago
Affiant

SUBSCRIBED AND SWORN to before on this 19th day of February, 2018

NOTARY PUBLIC

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FORM 30. COMPLAINT FOR COLLECTION OF SUM OF MONEY IN THE REGIONAL TRIAL
COURT

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

JOHN CRUZ,
Plaintiff,
-versus- Civil Case No. 160

MARSHA SANTIAGO,
Defendant,
x----------------------x

COMPLAINT

Plaintiff, by undersigned counsel and to this Honorable Court, respectfully states:

1. Plaintiff John Cruz is of legal age, married and with residence of Santa Maria, Zamboanga City, while
defendant Marsha Santiago is also of legal age, married, and with residence of Pasonanca, Zamboanga
City, where he may be served with summons and other legal processes.
2. On march 23, 2016, defendant borrowed One Million Pesos (P1,000,000) from plaintiff, with interest
thereon at 12% per annum, payable on or before March 23, 2017, as evidenced by a promissory note,
which he executed and which provides:

P1,000,000.00 March 23, 2016


“For value received, I hereby promise to pay John Cruz at his residence at Santa Maria, Zamboanga
City, the sum of One Million Pesos (P1,000,000) with interest thereon at 12% per annum from March 23,
2016 payable on or before March 23, 2017. In the event I fail to pay said amount including its stipulated
interests, I agree to pay him, as attorney’s fees and expenses of litigation, the sum of Two Hundred
Thousand Pesos (P200,000).

(Signed) Marsha Santiago


Borrower

True copy of said promissory note is attached hereto and made an integral part hereof as Annex “A.”
3. The due date, March 23, 2017, of said promissory note (Annex “A”) arrived, and yet defendant failed to
pay the said amount of P1,000,000.00 in breach thereof.
4. Notwithstanding demands, both verbal and written, made upon defendant, the latter failed and refused and
continues to refuse to pay his lawful obligation.
5. As a result of defendant’s breach of obligation to pay his indebtedness, as well as the stipulated interests
thereon, plaintiff was constrained to secure the services of counsel to protect his interest and to file the
complaint and to incur attorney’s fees and expenses of litigation, the amount of P200,000.00, which should
be assessed against defendant.

WHEREFORE, plaintiff respectfully prays the judgment be rendered ordering defendant to pay plaintiff the
amount of P1,000,000.00 with interest thereon of 12% per annum starting March 23, 2016 until fully paid, as
well as the sum of P200,000.00 as and for attorney’s fees and expenses of litigation, plus costs.

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

Zamboanga City, February 19, 2018.

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VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, John Cruz, of legal age, Filipino citizen, single, and a resident of Santa Maria, Zamboanga City, on oath,
state:

1. That I as plaintiff in the above-entitled case have caused this Civil Case No. 160 to be prepared;
that I read and understand its contents which are true and correct of my own personal knowledge
and/or based on true records;
2. That I have not commenced any action or proceeding involving the same issue in the Supreme
Court, the Court of Appeals, or any other tribunal or agency, particularly before the Office of the
City Prosecutor of Zamboanga City; 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 learn thereafter that a similar action or proceeding has been filed or is pending before
these courts or tribunal or agency, I undertake to report that fact to the Court within five (5) days
therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this 19th of February of, 2018 at Zamboanga City,
Philippines.

John Cruz
Affiant

SUBSCRIBED AND SWORN to before on this 19th day of February, 2018

NOTARY PUBLIC

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FORM 31. ANSWER WITH NEGATIVE OR AFFIRMATIVE DEFENSE

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

JOHN CRUZ,
Plaintiff,
-versus- Civil Case No. 1559

MARSHA SANTIAGO,
Defendant,
x----------------------x

ANSWER

1. Defendant, by counsel and to this Honorable Court respectfully states:


2. Defendant admits that portion of par.1 of the complaint regarding the names, residences, and status of the
parties, but denies the rest thereof, for lack of knowledge sufficient to form a belief as to the truth thereof.
3. Defendant denies under oath the execution and authenticity of the promissory note, Annex “A” of the
complaint, the truth being that the same is a forgery and that he did not execute nor sign the same.
4. Assuming arguendo, that the promissory note is genuine and duly executed, it was executed by a person
and on behalf of defendant without any authority from defendant.
5. Assuming, further, that the agent who signed the promissory note on behalf of defendant is duly authorized
to do so, the amount of indebtedness therein stated actually represented payment of gambling losses of
defendant in favor of plaintiff.
6. Assuming, finally, that the indebtedness shown in the promissory note and the promissory is legitimate,
plaintiff has been paid the amount thereof.

WHEREFORE, defendant respectfully prays that the complaint be dismissed for lack of merit, with costs
against plaintiff.

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

Zamboanga City, February 19, 2018.

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VERIFICATION

Defendant, of legal age, after having been duly sworn, deposes and says:

1. That he has caused the preparation of the foregoing answer with defenses and the allegations therein are
true and correct of his personal knowledge and/or based on authentic records.
2. That he further states that the promissory note, Annex “A” of the complaint, is a forgery and his signature
therein has been forged, he not having executed the said promissory note.

Marsha Santiago
Affiant
Executed this 19th day of February 2018 at Zamboanga City.

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FORM 32. AMENDMENT WHICH IS PROSCRIBED

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

JOHN CRUZ,
Plaintiff,
-versus- Civil Case No. 1558

MARSHA SANTIAGO,
Defendant,
x----------------------x

AMENDMENT OF COMPLAINT

The plaintiff is of legal age, married and a resident of Santa Maria, Zamboanga City. The defendant is of
legal age, married and a resident of Pasonanca, Zamboanga City.

The plaintiff respectfully moves the Court, pursuant to the Rules of Court, for leave to file an amended
complaint, a copy of which is attached thereto hereto. The new complaint maintains the counts and allegations
against the same defendant from the original complaint, but accounts for the significant factual and procedural
developments that have occurred since the original complaint was filed including consummation of the
Transaction in December 2011. Plaintiffs and defendant met and conferred, after which defendant was provided
an advance copy of the proposed amended complaint. As the time of filing, defendant had not consented to the
filing. Accordingly, plaintiff seeks the Court’s to leave to amend the original complaint.

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, John Cruz, of legal age, Filipino citizen, single, and a resident of Santa Maria, Zamboanga City, on oath,
state:

1. That I as plaintiff in the above-entitled case have caused this Civil Case No. 1558 to be prepared;
that I read and understand its contents which are true and correct of my own personal knowledge
and/or based on true records;
2. That I have not commenced any action or proceeding involving the same issue in the Supreme
Court, the Court of Appeals, or any other tribunal or agency, particularly before the Office of the
City Prosecutor of Zamboanga City; 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 learn thereafter that a similar action or proceeding has been filed or is pending before
these courts or tribunal or agency, I undertake to report that fact to the Court within five (5) days
therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this 19th of February of, 2018 at Zamboanga City,
Philippines.

John Cruz
Affiant

SUBSCRIBED AND SWORN to before on this 19th day of February, 2018

NOTARY PUBLIC

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FORM 33. MOTION FOR BILL OF PARTICULARS

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

JOHN CRUZ,
Plaintiff,
-versus- Civil Case No. 1557

MARSHA SANTIAGO,
Defendant,
x----------------------x

MOTION FOR BILL OF PARTICULARS

Defendant, by counsel and to this Honorable Court, respectfully states:

1. The complaint alleges that defendant public official, together with herein defendant movant, acting singly
or collectively, and/or in unlawful concert with one another, in flagrante breach of public trust and of sheer
fiduciary obligations as public officers, with gross and scandalous abuse of right and power and in brazen
violation of the constitution and the laws of the Philippines, embarked upon a systematic plan to
accumulate ill-gotten wealth.
2. The foregoing allegations are conclusions of law, which plaintiff should clarify and flesh them with facts
and specific acts to enable defendant-movant to prepare and file a responsive answer thereto which
requires information as to the precise nature, character, scope and extent of plaintiff’s cause of action.

WHEREFORE, defendant prays that plaintiff be ordered to file a bill of particulars of the facts and acts
constituting the conclusions alleged in the complaint.

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FORM 34. NOTICE OF LIS PENDENS

The Register of Deeds


City/ Province of Zamboanga.

RE: NOTICE OF LIS PENDENS


On TCT No. 1234

Sir:

Please register a notice of lis pendens of Civil Case No. 5432 on TCT No. 1234 of the Register of Deeds
for City/ Province of Zamboanga, covering a parcel of land which is involved in Civil Case No. 5432 of the RTC
of Zamboanga City, of the following parties:

Jose Pedro and Juan Dela Cruz, as plaintiff and defendant in said Civil Case No. 5432. In this case,
plaintiff/petitioner is claiming ownership of the land which was registered by defendant/respondent in his name,
although the parcel of land belongs to plaintiff/petitioner.

The land involved and covered by TCT No. 1234 is described in said titles as follows:

A parcel of land, Parcel 1-Lot 1 (Plan II-69) situated in the City of Zamboanga, bounded on the South by
property of Florin Dizon and Garden Orchid Hotel, on the West bounded by Saint Joseph School, on the North
bounded by Jasmin’s Residences, on the East bounded by Jone’s Restaurant, as described in the Survey Plan point
from the South 19 deg. East (19, 1920) meters, from Parish Church, City of Zamboanga, containing an area of
140, 000.00 square meters, all described in the Survey Plan surveyed on October 8 up to December 11, 1997,
approved on March 6, 1997. All points referred to are indicated on the plan; bearings true declination 1 deg. 39’E,
date of survey, October 8, 1997 - December 11, 1997.

The true copy of the complaint in Civil Case No. 5432 is enclose herewith as part and parcel of this Notice
of Lis Pendens.

The address of the person seeking registration of this lis pendens is John Cruz.

Zamboanga City, February 19, 2018.

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FORM 35. MOTION FOR LEAVE TO FILE AMENDED COMPLAINT

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

JOHN CRUZ,
Plaintiff,
-versus- Civil Case No. 1556

MARSHA SANTIAGO,
Defendant,
x----------------------x

PLAINTIFF, by counsel and to this Honorable Court respectfully moves for leave to file an amended
complaint, by alleging facts more clearly and specifying the facts in a more methodological manner, upon which
certain conclusions are made. The amended complaint, showing the amendments by underlining them or
indicating by appropriate way what have been deleted therefrom, is attached hereto as Annex “A.”

WHEREFORE, plaintiff prays that he be given leave of court to file an amendment complaint, which is
attached herewith, and that the same be admitted.

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

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, John Cruz, of legal age, Filipino citizen, single, and a resident of Santa Maria, Zamboanga City, on oath,
state:

1. That I as plaintiff in the above-entitled case have caused this Civil Case No. 1556 to be prepared;
that I read and understand its contents which are true and correct of my own personal knowledge
and/or based on true records;
2. That I have not commenced any action or proceeding involving the same issue in the Supreme
Court, the Court of Appeals, or any other tribunal or agency, particularly before the Office of the
City Prosecutor of Zamboanga City; 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 learn thereafter that a similar action or proceeding has been filed or is pending before
these courts or tribunal or agency, I undertake to report that fact to the Court within five (5) days
therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this 19th of February of, 2018 at Zamboanga City,
Philippines.

John Cruz
Affiant

SUBSCRIBED AND SWORN to before on this 19th day of February, 2018

NOTARY PUBLIC

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FORM 36. EX PARTE MOTION TO SET FOR TRIAL

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

JOHN CRUZ,
Plaintiff,
-versus- Civil Case No. 1553

MARSHA SANTIAGO,
Defendant,
x----------------------x

EX PARTE MOTION TO SET FOR TRIAL

PLAINTIFF, by counsel and to this Honorable Court respectfully moves and prays that the case be set for
pre-trial on any date depending upon the calendar of the court, issues having been joined by the filing of the last
pleading.

Zamboanga City, February 19, 2018.

The Clerk of Court


Zamboanga City

Greetings:

Please submit the foregoing ex parte motion to the Honorable Court for his approval upon receipt hereof.

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FORM 37. PRE-TRIAL BRIEF

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

JOHN CRUZ,
Plaintiff,
-versus- Civil Case No. 1551

MARSHA SANTIAGO,
Defendant,
x----------------------x

PRE-TRIAL BRIEF

PLAINTIFF, by counsel and to this Honorable Court, respectfully submits this pre-trial brief in
compliance with the trial court’s order dated January 25, 2018, containing the following:

1. Plaintiff is willing to enter into an amicable settlement of the case, under terms and conditions which are
agreeable to both parties. Plaintiff is willing to submit the technical issues for resolution by technical
experts;
2. Plaintiff admits the following facts:

Plaintiff John Cruz is of legal age, married and with residence of Santa Maria, Zamboanga City,
while defendant Marsha Santiago is also of legal age, married, and with residence of Pasonanca,
Zamboanga City, where he may be served with summons and other legal processes. On march 23, 2016,
defendant borrowed One Million Pesos (P1,000,000) from plaintiff, with interest thereon at 12% per
annum, payable on or before March 23, 2017, as evidenced by a promissory note, which he executed and
which provides:

P1,000,000.00 March 23, 2016


“For value received, I hereby promise to pay John Cruz at his residence at Santa Maria, Zamboanga
City, the sum of One Million Pesos (P1,000,000) with interest thereon at 12% per annum from March 23,
2016 payable on or before March 23, 2017. In the event I fail to pay said amount including its stipulated
interests, I agree to pay him, as attorney’s fees and expenses of litigation, the sum of Two Hundred
Thousand Pesos (P200,000).

(Signed) Marsha Santiago


Borrower

True copy of said promissory note is attached hereto and made an integral part hereof as Annex “A.” The
due date, March 23, 2017, of said promissory note (Annex “A”) arrived, and yet defendant failed to pay
the said amount of P1,000,000.00 in breach thereof. Notwithstanding demands, both verbal and written,
made upon defendant, the latter failed and refused and continues to refuse to pay his lawful obligation. As
a result of defendant’s breach of obligation to pay his indebtedness, as well as the stipulated interests
thereon, plaintiff was constrained to secure the services of counsel to protect his interest and to file the
complaint and to incur attorney’s fees and expenses of litigation, the amount of P200,000.00, which should
be assessed against defendant.

3. Plaintiff intends to present the following documents, in connection with which plaintiff requests from
defendant their admission of their due execution and due authenticity.
4. Plaintiff manifests his intention to resort to discovery procedures.
5. Plaintiff does not intend to amend his complaint.
6. Plaintiff requests of defendant to stipulate or admit the following:

On march 23, 2016, defendant borrowed One Million Pesos (P1,000,000) from plaintiff, with
interest thereon at 12% per annum, payable on or before March 23, 2017, as evidenced by a promissory
note.

WHEREFORE, plaintiff prays that the foregoing be taken cognizance of.

Zamboanga City, February 18, 2018.

21
FORM 38. SPECIAL POWER OF ATTORNEY FOR PRE-TRIAL BRIEF.

SPECIAL POWER OF ATTORNEY

KNOWN ALL BY MEN BY THIS PRESENTS:

That I, John Cruz, of legal age, and am the plaintiff in the case entitled John Cruz v. Marsha Santiago,
Civil Case No. 142, Regional Trial Court have constituted and appointed my lawyer, Atty. Hazel Rojas, as my
true and lawful attorney-in-fact, for me and in my stead, in connection with the pre-trial and trial of said case, to
do and perform any and all of the following acts and deeds:

(a) To agree to an amicable settlement of the case or to submission to alternative modes of dispute
resolution of said case, under such terms and conditions as my attorney-in-fact may deem proper;
(b) To simplify the issues of the case;
(c) To amend the pleadings, which my attorney-in-fact may deem proper;
(d) To stipulate or admit certain facts or documents;
(e) To limit the number of witnesses;
(f) To agree to a preliminary reference of issues to a commissioner;
(g) To agree to rendering judgment on the pleadings, or summary judgment, or dismissal of the action on
valid grounds;
(h) To agree to suspending the proceedings; and
(i) To agree to such other matters as may aid in the prompt disposition of the action.

HEREBY granting and confirming all the foregoing matters which my attorney-in-fact may do or cause
to be done in the premises, with the same force and effect as if I were the one doing them personally.
WITNESS my hand this 19th day of February, 2018 at Zamboanga City, Philippines.

JOHN CRUZ
Principal

SIGNED IN THE PRESENCE OF:


Atty. Emilia Valencia
Zamboanga City

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in Zamboanga City personally appeared John Cruz, with CTC No.
123, issued on January 5, 2014 at Zamboanga City as well as other ID, namely, driver’s license and presented a
document called Special Power of Attorney, who is known to me personally and who signed said document in
my presence and acknowledged that the same was his free and voluntary act and deed.

IN WITNESS WHEREOF, I have signed this acknowledgment and affixed my notarial seal this 19 th day
of February, 2018 at Zamboanga City.

Notary Public
Until December 31, 2020

Doc No.50
Page No. 5
Book No. 3
Series of 2018.

22
FORM 39. BOARD RESOLUTION OF AUTHORITY

BOARD RESOLUTION

BE IT RESOLVED, as it is hereby resolved, by all members of the Board of Directors of ABC


Corporation, that Atty. John Cruz be authorized, as he is hereby authorized, in connection with the pre-trial and
trial of Civil Case No. 222, RTC of Zamboanga City, Branch 4, entitled, ABC Corporation v. Marsha Santiago,
of which the corporation is the plaintiff, to do and perform the following acts and deeds:

(a) To agree to an amicable settlement of the case or to submission to alternative modes of dispute
resolution of said case, under such terms and conditions as my attorney-in-fact may deem it proper;
(b) To simplify the issues of the case;
(c) To amend the pleadings, which my attorney-in-fact may deem it proper;
(d) To stipulate or admit certain facts and documents;
(e) To agree to rendering judgment on the pleadings, or summary judgment, or dismissal of the action on
valid grounds;
(f) To agree to suspending the proceedings; and
(g) To agree to such other matters as may aid in the prompt disposition of the case.

Approved and adopted this 19th day of February, 2018.

Directors

Attested By: Emilia Valencia


Corporate Secretary

23
FORM 40. CERTIFICATE OF CORPORATE SECRETARY

CORPORATE SECRETARY

I, John Cruz, of legal age and with office address 12th Floor JC Building, Santa Maria Zamboanga City,
after having been duly sworn, depose and say:

That I am the corporate secretary of ABC Corporation, a corporation duly organized and existing under
and by virtue of the laws of the Philippines.

That at the board meeting of said corporation, at which there was a quorum, held on January 29, 2018 at
its offices at Santa Maria Zamboanga City, the following board resolution was unanimously adopted and
approved:

BE IT RESOLVED, as it is hereby resolved, by all the members of the Board of Directors of ABC
Corporation, that Atty. Hazel Rojas be authorized, as it is hereby authorized, in connection with the pre-trial and
trial of Civil Case No. 111, RTC of Zamboanga City, Branch 5, entitled ABC Corporation v. Marsha Yu, of which
the corporation is the plaintiff, to do and perform the following acts and deeds:

(a) To agree to an amicable settlement of the case or to submission to alternative modes of dispute
resolution of said case, under such terms and conditions as my attorney-in-fact may deem it proper;
(b) To simplify the issues of the case;
(c) To amend the pleadings, which my attorney-in-fact may deem it proper;
(d) To stipulate or admit certain facts and documents;
(e) To agree to rendering judgment on the pleadings, or summary judgment, or dismissal of the action on
valid grounds;
(f) To agree to suspending the proceedings; and
(g) To agree to such other matters as may aid in the prompt disposition of the case.

That the above board resolution is still existing and in force and kept in the records of the corporation at
its offices.

WITNESS my hand and seal of the corporation this 19th day of February, 2018.

Corporate Secretary

24
FORM 41. REQUEST FOR SUBPOENA DUCES TECUM

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

JOHN CRUZ,
Plaintiff,
-versus- Civil Case No. 1539

MARSHA SANTIAGO,
Defendant,
x----------------------x

REQUEST FOR SUBPOENA DUCES TECUM

The Clerk of Court


RTC, Zamboanga City

Sir:

As counsel for plaintiff, may I request that a subpoena duces tecum be issued to Atty. Emilia Valencia,
with address at 132 J Building, Santa Maria Zamboanga City, to testify and bring with him, in the hearing of the
above entitled case on March 5, 2018, at 8:30 a.m. and at any subsequent hearings, the following documents,
which are not confidential nor privileged, and which are needed in said hearing, to wit:

1. The duplicate copy of the promissory note dated August 25, 2017.
2. The receipt given by the plaintiff to the defendant dated December 25, 2017.

The undersigned will pay the legal fees for such purpose.

Zamboanga City, February 19, 2018.

25
FORM 42. DISPOSITION OF WITNESS WHO CANNOT TESTIFY ON A SCHEDULED TRIAL OR
WHOSE HEALTH IS IN DANGER

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

JOHN CRUZ,
Plaintiff,
-versus- Civil Case No. 1538

MARSHA SANTIAGO,
Defendant,
x----------------------x

PETITION

Petitioner, thru counsel, and unto this Honorable Court, respectfully avers:

1. That the petitioner is of age, single, and a resident of Room No. 9, Urgello Strips and Residences,
Urgello, Cebu City;

2. That the petitioner is a party to an action in the court of RTC Cebu City, Branch 24;

3. That the subject matter of said action is Collection of Damages arising from a Tortuous Action, of which
petitioner has an interest, as follows, to wit:

4. That the proposed testimony herein sought will establish the following fats:

5. That such testimony is necessary to perpetuated for the following reasons:

6. That, Mario Consing Istatua, a resident Ramos Tower, Ramos, Cebu City, is the expected adverse party
in the action;

7. That the following persons with their respective addresses will be examined, and that the substance of
the testimony to be elicited from each, are as follows:

a. Stabillo Boss, Mibang, Cebu City

b. Pilot Boss, Lahug, Cebu City

WHEREFORE, in order to prevent a failure of justice, it is respectfully prayed of this Honorable Court to
issue an order authorizing the petitioner to take the deposition on oral examination of the above- named witnesses
for the purposes of perpetuating their testimony.

Cebu City, February 21, 2018.

26
FORM 43. PETITION FOR LETTERS ROGATORY

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

JOHN CRUZ,
Plaintiff,
-versus- Civil Case No. 1537

MARSHA SANTIAGO,
Defendant,
x----------------------x

PETITION FOR LETTERS ROGATORY

PLAINTIFF, by counsel and to this Honorable Court respectfully alleges:

1. For the purpose of completing plaintiff’s evidence, so that a just and fair decision may be rendered in
the instant case, it is necessary that the testimony of Michael Lim, who is at present residing in the
United States at New York, USA, be taken by means of deposition upon written interrogatories,
attached herewith as Annex “A”, at the Philippine Consulate at its offices in New York, USA, before
any Philippine consular representative thereat, at such date and time as the latter may fix.

2. If the adverse party desires, he may serve cross-interrogatories to be filed in court, so that the direct
interrogatories and cross-interrogatories may both be sent to the Philippine Consulate at the above-
indicated address.

WHEREFORE, plaintiff respectfully prays that an order issue directing the adverse party, the defendant,
to submit his written cross-interrogatories within ten (10) days from notice, requiring the clerk of court to issue
letters rogatory directed to the Philippine consular representative in the Philippine Consular Office at New York,
USA, to take examination upon interrogatories attached herewith, at such date and time at the consular
representative may schedule, with notice to the witness, Michael Lim, to appear and testify therein; and thereafter,
to submit the record of deposition to the Court which issued this order, with notice to both parties.

Zamboanga City, February 19, 2018.

27
FORM 44. PETITION TO PERPETUATE TESTIMONY

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

JOHN CRUZ,
Plaintiff,
-versus- Civil Case No. 1536

MARSHA SANTIAGO,
Defendant,
x----------------------x

PETITION TO PERPETUATE TESTIMONY

PETITIONER John Cruz, by counsel and to this Honorable Court, respectfully alleges:

Petitioner is of legal age and residing at Santa Maria, Zamboanga City.

Petitioner expects to be a party to an action in court in the Philippines but he is presently unable to bring
it.

The subject matter of the expected action is for a sum of money, in the amount of P20,000,000.00, which
Marsha Santiago, with address at Pasonanca, Zamboanga City borrowed, as evidenced by a check which petitioner
issued to Marsha Santiago in said amount and which he encashed and the same was dishonored for having been
drawn against closed-account, as shown by the return check of notice of dishonor. Marsha Santiago is expected
to be the adverse party.

The person who was present during transaction was Emilio Valencia, with address at Tumaga, Zamboanga
City, and who knew surrounding facts thereof.

The petitioner is very sick, as he suffered a stroke and physical mobility has greatly been affected.

The interest of justice would be served by perpetuating the testimonies of herein petitioner and Emilio
Valencia, as evidence expected action against Marsha Santiago for recovery of sum of money.

WHEREFORE, petitioner respectfully prays that the court issue an order authorizing him to take the
deposition of herein petitioner and that of Emilio Valencia, before such authorized person and at such time and
place, as the court may require.

Zamboanga City, February 19, 2018.

28
FORM 45. MOTION FOR PHYSICAL AND MENTAL EXAMINATION

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

JOHN CRUZ,
Plaintiff,
-versus- Civil Case No. 1535

MARSHA SANTIAGO,
Defendant,
x----------------------x

MOTION FOR PHYSICAL AND MENTAL EXAMINATION

PLAINTIFF, by counsel and to this Honorable Court respectfully alleges:

1. One of the issues raised by defendant in this case is that he did not voluntarily agree to, and execute,
the deed of sale of a parcel of land, subject matter of the pending case, because he allegedly was insane
at the time of the execution of said deed of sale.

2. To determine defendant’s claim of insanity, it is necessary that a physical and mental examination of
the defendant be conducted by a government physician at the Philippine General Hospital, specifying
the time, place, manner, conditions and scope of the examination of said person and directing the
examining physical to render a written report thereon.

WHEREFORE, plaintiff respectfully prays that an order be issued requiring the physical and mental
condition of the defendant be examined by a government physician at Philippine General Hospital, specifying the
time, place, manner, conditions and scope of the examination of said person and directing the examining physical
to render a written report thereon.

Zamboanga City, February 19, 2018.

29
FORM 46. MOTION FOR POSTPONEMENT

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

JOHN CRUZ,
Plaintiff,
-versus- Civil Case No. 1532

MARSHA SANTIAGO,
Defendant,
x----------------------x

MOTION FOR POSTPONEMENT

DEFENDANT, by counsel and to this Honorable Court, respectfully moves that the hearing set for
February 28, 2018, be postponed to another date, at least one (1) month therefrom, on the ground that his
remaining material witness, Mr. Emilio Dizon, whom he has scheduled to present, is abroad and will not be back
until three (3) weeks from date hereof.

The gist of the testimony of the witness, Mr. Emilio Dizon, and its materiality and relevance are shown in
the attached affidavit, which is attached herewith as Annex “X.”

WHEREFORE, defendant prays that the hearing set for February 28, 2018 be postponed to another date,
at least one (1) month from said date, to enable Mr. Emilio Dizon to present him as his last witness.

Zamboanga City, February 19, 2018.

30
FORM 47. MOTION FOR SUSPENSION OF ACTION

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

JOHN CRUZ,
Plaintiff,
-versus- Civil Case No. 1531

MARSHA SANTIAGO,
Defendant,
x----------------------x

MOTION FOR SUSPENSION OF ACTION

DEFENDANT, by counsel and to this Honorable Court, respectfully moves that the action or hearing of
the action be suspended for a period of at least six (6) months on the ground that, pursuant to Article 2030 of the
Civil Code, defendant has communicated to the plaintiff, expressing his willingness to discuss the possibility of
compromise, as shown by his letter to the plaintiff, copy of which is attached hereto as Annex “X.”

Plaintiff is receptive to discussing the possibility of compromise.

WHEREFORE, defendant prays that the hearing set for March 5, 2018 and further action on the case be
suspended for a period of at least six (6) months from date hereof.

Zamboanga City, February 19, 2018.

31
FORM 48. PARTIES’ MOTION FOR AN ORDER TO REFER CERTAIN ISSUES TO COMMISSION

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

JOHN CRUZ,
Plaintiff,
-versus- Civil Case No. 1530

MARSHA SANTIAGO,
Defendant,
x----------------------x

PARTIES’ MOTION FOR AN ORDER TO REFER


CERTAIN ISSUES TO COMMISION

BOTH parties, by their written consent, as shown by their respective signatures below, and pursuant to
Sec. 1 of Rule 32, respectfully move and pray that an order issue referring all issues of fact to a commissioner
designated by the Honorable Court, such issues to be spelled out in the court’s order. The parties also agree that
all expenses and commissioner’s fees be fixed by the Honorable Court, to be shared by them on a 50-50 basis.

Zamboanga City, February 19, 2018

JOHN CRUZ
Plaintiff

MARSHA SANTIAGO
Defendant

32
FORM 49. COMPLAINT FOR EJECTMENT

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

JOHN CRUZ,
Plaintiff,
-versus- Civil Case No. 1543

MARSHA SANTIAGO,
Defendant,
x----------------------x

COMPLAINT

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 2005, which contract
expires on 31 December 2006. A copy of the contract is attached as ANNEX A.

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

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
Attorney’s fees.

Zamboanga City, February 19, 2018

Sgd. Atty. Hazel Rojas

Counsel for plaintiff

33
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, John Cruz, of legal age, Filipino citizen, single, and a resident of Santa Maria, Zamboanga City, on oath,
states:

1. That I as plaintiff in the above-entitled case have caused this Civil Case No. 1543 to be prepared;
that I read and understand its contents which are true and correct of my own personal knowledge
and/or based on true records;
2. That I have not commenced any action or proceeding involving the same issue in the Supreme
Court, the Court of Appeals, or any other tribunal or agency, particularly before the Office of the
City Prosecutor of Zamboanga City; 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 learn thereafter that a similar action or proceeding has been filed or is pending before
these courts or tribunal or agency, I undertake to report that fact to the Court within five (5) days
therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this 19th of February of, 2018 at Zamboanga City,
Philippines.

John Cruz
Affiant

SUBSCRIBED AND SWORN to before on this 19th day of February, 2018

NOTARY PUBLIC

34
FORM 50. COMPLAINT FOR ADULTERY

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

JOHN CRUZ,
Plaintiff,
-versus- Civil Case No. 15441

MARSHA SANTIAGO-CRUZ and JUAN DAVID,


Defendant,
x----------------------x

INFORMATION

The undersigned City Prosecutor, upon sworn complaint filed by the offended party, accuses Marsha
Santiago-Cruz of the crime of adultery, committed as follows:

That in or about and during the months of January and March and for some time prior thereto in the city
of Zamboanga, province of Zamboanga del Norte, Philippines, within the jurisdiction of the court, the said
defendant, willfully and feloniously had sexual intercourse with her co- accused, who is not her husband, while
the latter, knowing her to be married, wilfully, unlawfully and feloniously had carnal knowledge of her.

Contrary to Law.

City of Zamboanga, February 19, 2018.

City Prosecutor

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, John Cruz, of legal age, Filipino citizen, single, and a resident of Santa Maria, Zamboanga City, on oath,
states:

1. That I as plaintiff in the above-entitled case have caused this Civil Case No. 15441to be prepared; that I
read and understand its contents which are true and correct of my own personal knowledge and/or based
on true records;
2. That I have not commenced any action or proceeding involving the same issue in the Supreme Court, the
Court of Appeals, or any other tribunal or agency, particularly before the Office of the City Prosecutor of
Zamboanga City; 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 learn thereafter that a
similar action or proceeding has been filed or is pending before these courts or tribunal or agency, I
undertake to report that fact to the Court within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this 19th of February of, 2018 at Zamboanga City,
Philippines.

John Cruz
Affiant

SUBSCRIBED AND SWORN to before on this 19th day of February, 2018

NOTARY PUBLIC

35
FORM 51. COMPLAINT FOR CONCUBINAGE

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

MARSHA SANTIAGO-CRUZ
Plaintiff,
-versus- Civil Case No. 15445

JOHN CRUZ and JIMENA LIM,


Defendant,
x----------------------x

COMPLAINT

The undersigned, Marsha Santiago-Cruz, accuses John Cruz of the crime of CONCUBINAGE, committed as
follows, to wit:

That on or about 5th day of January, 2017, in the City of Zamboanga City, Province of Zamboanga del Norte and
within the jurisdiction of this Honorable Court, the accused John Cruz who is the husband of the undersigned
Complainant, cohabited and lived together with his co-accused Jimena Lim as husband and wife in a private
dwelling, begetting out of such cohabitation, a child named Jennifer Cruz, the co-accused Jimena Lim knowing
fully well that accused John Cruz was a very much married man.

Contrary to law.
Zamboanga City, Philippines. February 19, 2018.

Marsha Santiago-Cruz

Complainant

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, Marsha Santiago-Cruz, of legal age, Filipino citizen, single, and a resident of Santa Maria, Zamboanga
City, on oath, states:

1. That I as plaintiff in the above-entitled case have caused this Civil Case No. 15445 to be prepared;
that I read and understand its contents which are true and correct of my own personal knowledge
and/or based on true records;
2. That I have not commenced any action or proceeding involving the same issue in the Supreme
Court, the Court of Appeals, or any other tribunal or agency, particularly before the Office of the
City Prosecutor of Zamboanga City; 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 learn thereafter that a similar action or proceeding has been filed or is pending before
these courts or tribunal or agency, I undertake to report that fact to the Court within five (5) days
therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this 19th of February of, 2018 at Zamboanga City,
Philippines.

Marsha Santiago-Cruz
Affiant

SUBSCRIBED AND SWORN to before on this 19th day of February, 2018

NOTARY PUBLIC

36
FORM 52. COMPLAINT FOR RAPE

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

MARSHA SANTIAGO
Plaintiff,
-versus- Civil Case No. 154451

JOHN CRUZ,
Defendant,
x----------------------x

COMPLAINT-AFFIDAVIT

I, MARSHA SANTIAGO, Filipino, of legal age, and with residence at Barangay Santa Maria, Zamboanga
City, after having been duly sworn in accordance with law, hereby depose and state that:
1. This complaint-affidavit is being filed to charge John Cruz, Filipino, of legal age and with residence at
Pasonanca, Zamboanga City, of the crime Rape under Article(Art.) 266 of the Revised Penal Code (RPC),
committed as follows:
(a) On 5 May 2014, at around 10:00 in the morning, I was barely 10 years of age and playing
outside my house when Oscar Ong came by and invited me to play computer games with him at the house
of John Cruz;
(b) On the way to their house, we passed by a narrow path where John Cruz suddenly pushed me
and Dingdong Dantes inside a small, low building, which turned out to be John’s comfort room;
(c) John barred the door, whipped out a fan knife and poked it against us and told us, “huwag kayo
magingay, kung hindi papatayin ko kayo!”;
(d) John then asked me to step on the rim of the toilet bowl facing him and for Oscar to hold me
from behind. Out of fear for my life, I followed his orders;
(e)While I was standing of the toilet bowl with my legs apart and Oscar’s arms tightly around my
waist, John drew his short pants down to his knees, and after lowering my underpants, he inserted his penis
into my vagina;
(f) After satisfying his carnal desires, Supot once again pointed the knife at Oscar and told him
“Gayahin mo amo! Ipasok mo ari mo sa ari niya!”;
(g) Oscar pretended to insert his penis to my vagina while John was masturbating; and
(h) Thereafter, he reiterated his threats to kill us. He gave me a five-peso coin and told me to buy
candies with it, however, I threw it away.
2. It took me several months before I was able to overcome my fear and told my mother, Nora Santiago,
about what happened to me.
3. Appalled by what happened, my mother and I went to the police station to report the crime committed
by John against my person.
The Police took my sworn statement, a copy of which is hereto attached and made an integral part thereof
as Annex “A”. Thereafter, I was examined by their medico-legal officer. A copy of the Medico-Legal Report is
likewise hereto attached and made an integral part hereof as Annex “B”.
4.Exactly one week ago, however, I was surprised to see John walking along our street, as I thought that
the police had filed a formal complaint with the fiscal on my behalf. Due to their failure to do so, and as I am
presently of legal age, I am personally filling this formal
complaint.
5. The elements of rape are carnal knowledge, force or intimidation, and the commission of the act without
the consent or against the will of the woman, or when the latter is under twelve (12) years of age or when she is
deprived of reason or otherwise unconscious.
6. Based on the foregoing, it is beyond cavil that respondent John committed the crime of rape punishable
under Art. 266 of the RPC. He had sexual intercourse with me even if I was just ten years old. This constitutes
statutory rape as defined in our laws.
Further, whenever the crime of rape is committed with the use of a deadly weapon or by two or more
persons, the penalty shall be reclusion perpetua.
AFFIANT FURTHER SAYETH NAUGHT IN WITNESS WHEREOF, I have hereunto set my hands this
19th day
of February 2018, in Zamboanga City.

Marsha Santiago
Complainant/Affiant
SUBSCRIBED AND SWORN TO before me, this 19th day of February 2018 in Zamboanga City.
_______________
Prosecutor
37
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, Marsha Santiago-Cruz, of legal age, Filipino citizen, single, and a resident of Santa Maria, Zamboanga
City, on oath, states:

1. That I as plaintiff in the above-entitled case have caused this Civil Case No. 154451 to be prepared;
that I read and understand its contents which are true and correct of my own personal knowledge
and/or based on true records;
2. That I have not commenced any action or proceeding involving the same issue in the Supreme
Court, the Court of Appeals, or any other tribunal or agency, particularly before the Office of the
City Prosecutor of Zamboanga City; 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 learn thereafter that a similar action or proceeding has been filed or is pending before
these courts or tribunal or agency, I undertake to report that fact to the Court within five (5) days
therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this 19th of February of, 2018 at Zamboanga City,
Philippines.

Marsha Santiago-Cruz
Affiant

SUBSCRIBED AND SWORN to before on this 19th day of February, 2018

NOTARY PUBLIC

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FORM 53. COMPLAINT FOR ACTS OF LASCIVIOUSNESS

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

MARSHA SANTIAGO-CRUZ
Plaintiff,
-versus- Civil Case No. 154452

JOHN CRUZ and JIMENA LIM,


Defendant,
x----------------------x

COMPLAINT

The undersigned, Marsha Santiago, accuses John Cruz of the crime of ACTS OF LASCIVIOUSNESS, committed
as follows, to wit:

That on or about January 18 2018, at about 6:30 a.m. in the City of Zamboanga, Province of Zamboanga del Norte
and within the jurisdiction of this Honorable Court, the said accused John Cruz did then and there willfully,
unlawfully, and feloniously embrace the undersigned, when the latter was about to enter a public toilet, holding
her breasts and taking liberties upon her person by force and against the will of the undersigned.

Zamboanga City, Philippines. February 19, 2018.

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, Marsha Santiago-Cruz, of legal age, Filipino citizen, single, and a resident of Santa Maria, Zamboanga
City, on oath, states:

1. That I as plaintiff in the above-entitled case have caused this Civil Case No. 154452 to be prepared;
that I read and understand its contents which are true and correct of my own personal knowledge
and/or based on true records;
2. That I have not commenced any action or proceeding involving the same issue in the Supreme
Court, the Court of Appeals, or any other tribunal or agency, particularly before the Office of the
City Prosecutor of Zamboanga City; 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 learn thereafter that a similar action or proceeding has been filed or is pending before
these courts or tribunal or agency, I undertake to report that fact to the Court within five (5) days
therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this 19th of February of, 2018 at Zamboanga City,
Philippines.

Marsha Santiago-Cruz
Affiant

SUBSCRIBED AND SWORN to before on this 19th day of February, 2018

NOTARY PUBLIC

39
FORM 54. PETITION FOR LEGAL SEPARATION

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

MARSHA SANTIAGO-CRUZ
Plaintiff,
-versus- Civil Case No. 15400

JOHN CRUZ
Defendant,
x----------------------x

PETITION FOR LEGAL SEPARATION

1. Petitioner, Marsha Santiago Cruz and respondent, John Cruz, met each other sometime in 2000. The couple
decided to get married on January 18, 2003. A copy of their marriage certificate is hereto attached as
Annex “A.”
2. Petitioner and respondent lived in Barangay Tetuan, Zamboang City together with the petitioner’s family.
3. Petitioner siblings started to notice that petitioner and respondent often engaged in verbal arguments over
petty matters. Beginning 2015, respondent started to physically abuse petitioner every time they engaged
in verbal arguments. Respondent would kick and box petitioner even when the parents would try to meddle
between them. He would threaten petitioner to kill her if she wouldn’t stop nagging him. Such incidents
are still occurring from this day every time they engaged in argument.
4. Respondent’s involvement in drug addiction is also one of the reasons for this petition, since respondent
is an addict, he would beat petitioner every time he would ask her for money and the latter refuses to give
her any amount. He would use and get high even inside of their conjugal home. A copy of police record
of respondent involving violation against anti-dangerous drugs act.

Wherefore, premises considered, it is respectfully prayed that petitioner, Marsha Santiago-Cruz and John
Cruz be legally separated.

Atty. Hazel Rojas


Counsel for the Petitioner
Zamboanga City, Philippines.

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VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, Marsha Santiago-Cruz, of legal age, Filipino citizen, single, and a resident of Santa Maria, Zamboanga
City, on oath, states:

1. That I as plaintiff in the above-entitled case have caused this Civil Case No. 15400 to be prepared;
that I read and understand its contents which are true and correct of my own personal knowledge
and/or based on true records;
2. That I have not commenced any action or proceeding involving the same issue in the Supreme
Court, the Court of Appeals, or any other tribunal or agency, particularly before the Office of the
City Prosecutor of Zamboanga City; 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 learn thereafter that a similar action or proceeding has been filed or is pending before
these courts or tribunal or agency, I undertake to report that fact to the Court within five (5) days
therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this 19th of February of, 2018 at Zamboanga City,
Philippines.

Marsha Santiago-Cruz
Affiant

SUBSCRIBED AND SWORN to before on this 19th day of February, 2018

NOTARY PUBLIC

41
FORM 55. PETITION FOR CHANGE/CORRECTION OF NAME

Republic of the Philippines


Zamboanga City
Regional Trial Court
Branch 4

IN THE MATTER OF CORRECTION OF ENTRIES Special Proceeding No. 33


CORRESPONDING TO THE BIRTH RECORD OF
JUAN R. CRUZ AS TO THE SURNAME OF THE
CHILD FROM CRUZ TO REYES

JUAN REYES,
Petitioner
v.

THE LOCAL CIVIL REGISTRAR


OF ZAMBOANGACITY AND THE
NATIONAL STATISTICS OFFICE
Through the Administrator
MARSHA N. SANTIAGO,
Defendant,
x----------------------x

PETITION

Comes now the Petitioner, by the undersigned counsel and unto this Honorable Court, respectfully avers that:

1. Petitioner is 25 years of age, single, Filipino and a resident of Santa Maria, Zamboanga City,
Philippines;
2. The petitioner is the child of Josefa Reyes and Sandro Cruz who are not legally married to each
other.
3. The petitioner also seeks to change his status from “legitimate” to “illegitimate” since his father
never acknowledged him as his own and legitimate son.

John Reyes
Affiant

Zamboanga City. February 19, 2018.

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