FORM NO. 141. Complaint for Expropriation: (Caption and Title) COMPLAINT FOR EXPROPRIATION PLAINTIFF, thru counsel respectfully avers that: 1. Plaintiffis a : 2. Several defendants are all of age and are all residents of 3. Plaintiff, by virtue of has the power to exercise the right of eminent domain and to take private property for public use; 4. The following described property, with all the improvements thereon, are private property, severally owned by the defendants, to wit: (Here describe the property sought to be condemned, showing, as far as practicable, the interests of each defendant separately, If the title is obscure or doubtful so that the real owners cannot be stated with certainty, averment to this effect must be made.) 5. _ The said property are sought to be condemned in order to convert them into , which is avowedly a public purpose; 6. Plaintiff tenders and offers to deposit the amount of which is equivalent to the assessed value of the property, so that pending these proceedings, the plaintiff may immediately be placed in possession of the property involved. WHEREFORE, it is respectfully prayed: 1. That, after due notice and hearing, an order of condemnation be entered, declaring that the plaintiff has a lawful right to take the several properties herein sought to be condemned for public use, upon payment of just compensation to be determined as of the date of the filing of this Complaint; 2. That upon entry of the order of condemnation, three competent and disinterested persons be appointed as commissionersto ascertain and report to the court the just compensation for the property condemned; 3. ; That, pending these proceedings, the plaintiff be placed in possession of the property upon deposit with the National Treasurer of such sum as may provisionally be ascertained and fixed by this Court, subject to the orders and final disposition of the same. Other reliefs just and equitable are likewise prayed for. (Venue, date, signature) (VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING) FORM NO. 142. Complaint for Foreclosure of Real Estate Mortgage“ (Caption and Title) COMPLAINT FOR FORECLOSURE OF REAL ESTATE MORTGAGE Plaintiff, thru the undersigned counsel, and unto this Honorable Court, respectfully states that: 1. (State the names and residences of the mortgagor and mortgagee); 2. On (specify date), defendant obtained a loan in the sum of , evidenced by a promissory note on the same date, promising to pay the plaintiff the said amount with legal interest, on or before . Copy of the promissory note is here attached as Annex “A” of this complaint; 3. The loan was secured by a real estate mortgage executed by the defendant in favor of the plaintiff, on a (state description of the real property) located in ; 4. The real estate mortgage was duly registered with the Registry of Deeds of on___——_. Copy of thesaid mortgage is attached as Annex “B” and made an integral part of this complaint; 5. Defendant has not paid the mortgage debt of. . in spite of the lapse of the stipulated period; 6. Defendant failed to pay the plaintiff any amount despite repeated oral and written demands to satisfy the same. A copy of the final written demand letter personally received by the defendant is here attached as Annex “C;” and. 7. There are no other persons having or claiming an interest in the mortgaged property. WHEREFORE, it is respectfully prayed that judgment be rendered against the defendant: 1. To pay within a period of not less than ninety (90) days but not more than one hundred twenty (120) days from entry of judgment, the sum of together with the stipulated interest, plus cost of suit and attorney’s fees; and 2. In default of such payment, the abovementioned property be ordered sold at public auction to pay off the mortgage debt and its accumulated interest, plus attorney’s fees and cost of suit. Other reliefs just and equitable are likewise prayed for. (Venue, date, signature) (VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING)FORM NO. 143. Complaint for Judicial Partition of Real Estate (Caption and Title) COMPLAINT Plaintiff, thru counsel, respectfully avers: 1. That the plaintiff and the defendant are both of age and pesidents Of aes sy meus her ceed wey 2. That the said parties are co-owners, by virtue of intestate inheritance from their deceased parents, of certain real properties locatedin___—————_, more particularly described as follows, to wit: (Description of the estate of which partition is demanded) 3. That the plaintiff desires that the above real estate be partitioned between the plaintiff and the defendant; and 4, That the plaintiff has requested of the defendant that the above-described real estate be amicably partitioned between them by mutual agreement, but the said defendant refused and continues to refuse to do so. WHEREFORE, it is respectfully prayed: (a) That, after due hearing, the partition of the above- described real estate be ordered between the plaintiff and the defendant, share and share alike; and (b) That the costs and expenses of these proceedings be taxed solely against the defendant. Other reliefs just and equitable are likewise prayed for. (Venue, date, signature) (VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING)FORM NO. 144. Complaint for Unlawful Detaineys (Caption and Title) COMPLAINT Plaintiff, thru counsel, respectfully avers that: 1. The plaintiffis of age and a resident of. while the defendant is also of age, with residence at where he may be served with summons and other court processes; 2. The plaintiff is the absolute owner and lessor of a certain building located at , currently being leased and occupied by the defendant; 3. The defendant leases and occupies the said building under the express obligation of paying a monthly rent of (P___). Payable within the first five (5) days of each month; 4. The defendant has failed to pay the rents for the months of , which now amounts to ; 5. Without any legal justification, defendant continuously refuses to pay the said amount despite repeated oral and written demands. A final demand letter was sent and received personally by defendant on , or more than five (5) days before the filing of this complaint.” A copy of the final demand letter to pay the arrears and to vacate the premises is here attached as Annex “A.” WHEREFORE, it is respectfully prayed that after due hearing, judgment be rendered in favor of the plaintiff: a. For the restitution of the abovementioned premises; and b. For the payment of , representing the arrears of rent now overdue, with legal interest from the filing of this complaint, and costs of suit. Other reliefs just and equitable are likewise prayed for. (Venue, date, signature) (VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING)FORM NO. 145. Complaint for Forcible Entry” (Caption and Title) COMPLAINT Plaintiff, thru counsel, respectfully avers that: 1. Plaintiffisofageandaresidentof__ 2, Defendants are of age, Filipinos, with residence at , where they may be served with summons and other court processes; 3. The plaintiff is the absolute owner of a fenced mango orchardlocatedin 4, Sometime in____, defendants, forcefully destroyed the fence surrounding the said property, and cleared the property from the one hundred twenty mango trees planted therein to build their shanties without any authorization nor consent from the plaintiff; 5. Despite repeated demands to vacate the premises, defendants continued to occupy the subject property, thereby depriving the plaintiff of lawful possession thereof; and 6. Asa result of the defendants’ unlawful occupation of the property, plaintiff suffered actual damages of representing the value of the fence and the mango trees. Receipts for the construction of the fence, as well as the expenses incurred in maintaining the mango trees are here attached as Annexes “__.” WHEREFORE, it is respectfully prayed that after due hearing, judgment be rendered in favor of the plaintiff: 1. For the restitution of the abovementioned premises; and 2. For the payment damages, attorney's fees and costs of suit. Other reliefs just and equitable are likewise prayed for. (Venue, date, signature) (VERIFICATION/CERTIFICATIO. SHOPPING) IN OF NON-FORUMC. SPECIAL PROCEEDINGS FORM NO. 146. Summary Settlement of Estate of Small Value” (Caption and Title) PETITION PETITIONER, thru counsel, respectfully avers that: 1. Petitioner, a resident of is the (state relationship to the deceased) of the deceased , who died intestate (or testate) on in g 2. Deceased left a real estate located in , the gross value of which does not exceed TEN THOUSAND PESOS ( 10,000.00)” as evidenced by a certificate of assessed value of said property, issued by hereto attached as Annex “A;” 3. The following persons, all of age (or if minors, state so, asking the court to appoint guardians ad litem for them) are the sole, lawful and exclusive heirs of the deceased. 4. The debts (if any) existing at the time of the death of the deceased, are as follows: (Name creditors with their respective addresses, and the respective amounts due to them); and 5. It is desired that the estate of the deceased, be settled summarily, and apportioned and divided among the abovementioned heirs, without the appointment of an executor or administrator. WHEREFORE, it is respectfully prayed that: 1. After notice to all interested parties, and due publication in a newspaper of general circulation of this petition, and after due hearing in accordance with law, this Honorable Court proceed summarily without the appointment of an executor or administrator,and to apportion and divide the estate am ong the | i deceased after the payment of the jase oe lawful heirs of the 2. The costs of these i i The proceedings be apportioned am several heirs in accordance with the value of the estate that wm i awarded to each respectively. +f Other reliefs just and equitable are likewise prayed for. (Venue, date, signature) (VERIFICATION/CERTIFICATION OF NON-FORUM. SHOPPING) FORM NO. 147. Probate of Will (Caption and Title) COMPLAINT Petitioner, thru counsel, respectfully avers that: 1. Petitioner, oflegal age,andaresidentof___— is the executor named in the last will and testament of, deceased, who died in ppp 2. A copy of the last will and testament is here attached as Annex “A,” the original thereof to be presented to this Honorable Court at the time of probate; 3. The subscribing witnesses to the will are: , all of whom are residents of 4, The decedent is an inhabitant of the Philippines and a at the time of his death; alified to act as executor and resident of 5. The petitioner is legally qu hereby consents and agrees to accept said trust; ave been named in the 6. The following persons, all of age, hi said will as devisees of the deceased:7. The property left by the decedent consists of real ang Personal property, the gross value of which is sand — ee fay 8. The testator, at the time of the execution of the said will was years old, of sound and disposing mind, and not acting under duress, fraud, or undue influence and was in every resp capacitated to dispose of his estate by will. WHEREFORE, it is respectfully prayed that upon proper notice and hearing: 1. The abovementioned will of the deceased be admitted to probate; and 2. The letters testamentary (or of administration) be issued to herein petitioner, without bond. Other reliefs just and equitable are likewise prayed for. (Venue, date, signature) (VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING) FORM NO. 148. Opposition to Probate of Will (Caption and Title) OPPOSITION TO PROBATE OF WILL Oppositor by the undersigned attorney, and unto this Honorable Court, respectfully alleges: 1. He is one of the heirs of the deceased, = whose alleged will has been presented to this court for probate; 2. — He opposes its allowance on the following grounds: (a) It was not executed and attested as required by law; (b) The testator was mentally incapable to make a will, at the time of its execution; (c) The said will was executed under duress, or the influence of fear or threats;@ It was procured by undue and improper pressure and influence of fear or threats; ) It was procured by undue and improper pressure and influence on the part of ; and (The signature of the testator was procured by fraud or trick, and he did not intend that the instrument should be his will at the time of fixing his signature thereto. WHEREFORE, the oppositors prays that said will be disallowed. Other reliefs just and equitable are also prayed for. (Venue, date, signature) FORM NO. 149. Letters of Administration” PETITION FOR LETTERS OF ADMINISTRATION Petitioner, thru counsel, and unto this Honorable Court, respectfully alleges that: 1. Petitioner is of age, married/single, and resident of 2. He is the legitimate son of deceased who died intestate in the municipality of. on 3. The deceased left the following legal heirs: ____, husband, of legal age, and resident of. , daughter, of legal age and resident of _____, daughter, a minor of 16 years of age, and residing at as 4. The deceased ——____— during her marriage with the above-named spouse, acquired real and personal property, particularly described as follows:5. ‘The surviving husband, even during the lifetime of the deceased, had been maintaining marital relations with another woman with whom he has at present several children; 6. The surviving husband, since the death of his wife, had not made any settlement, judicial or extrajudicial, of the property of his deceased wife; 7. On the contrary, the said surviving husband continued to manage and control the property left by the deceased wife to his own benefit and advantage, to the exclusion of the legal rights of the abovenamed heirs, some of whom are already of age, married and heads of families; 8. _ Petitioner herein, as one of the legal heirs of the deceased, had on several occasions, requested of his father, to make a settlement and liquidation of the estate left by the said deceased, and to deliver to all the legal heirs what is due to each and every one of them, but the said surviving husband refused to do so, without any justifiable reason; 9. The surviving spouse is managing and controlling the estate of the deceased to his own advantage and to the advantage and benefit of his illegitimate wife and illegitimate children, and to the damage and prejudice of the herein petitioner and his co-heirs, that unless another administrator is appointed by this Honorable Court, the property sought herein to be divided and which was left by the deceased at the time of her death will likely diminish, if not entirely perish; 10. Petitioner, as the eldest son of deceased, is competent and willing to act as such administrator of the estate of the deceased; 11. For the protection of the rights and interests of ‘the minor children, a guardian ad litem be appointed by this Honorable Court, for the purposes of these proceedings; and 12. Petitioner is also competent and willing to act as such guardian ad litem for the said minors. WHEREFORE, in view of all the foregoing, it is respectfully prayed: (a) That after due hearing, letters of administration be issued to the herein petitioner for the administration of the , upon the giving of a bond in such reasonable sum as this Honorable Court may fix;i (b) That petitioner, be appointed guardian ad litem for minors, for purposes of these proceedings; (c) That after all the Property of the deceased have been inventoried and expenses and just debts, if any, have been paid and the legal heirs of the deceased fully determined, that the said estate of the deceased be settled and distributed among the legal heirs, all in accordance with law; and (d) That such other remedies based on law and equity be granted the petitioner. (Venue, date, signature) FORM NO. 150. Claims Against the Estate (Caption and Title) CLAIM Claimant files his claim in the above-entitled estate proceedings and hereby states under oath: 1. That his claim is evidenced by a promissory note, a true copy of which is hereto attached as Annex “A,” the original to be exhibited in due time; 2. That his claim in the sum of. due, and that no payment has been made thereon; 3. That there are no offsets to the same to the knowledge of the claimant. WHEREFORE, it is respectfully prayed that the foregoing claim be admitted. , is now (Venue, date, Signature) JURAT (Copy furnished the executor /administrator)