DEMAND LETTER SAMPLE

12 August 2013

MARIA C. SANTOS
111 Bonifacio Street, Canumay East,
Valenzuela City

Madam:

We write in behalf of our client, ABCD Financial Services, Inc., the matter of your non-payment of your
obligation.

Records disclose that you have an outstanding obligation with our client in the amount of
Php100,000.00 inclusive of interest and surcharges. Despite repeated demands, you failed and
continuously fail to pay the aforesaid amount. 

Accordingly, FINAL DEMAND is hereby made upon you to settle the amount of Php100,000.00 within
FIFTEEN (15) days from receipt of this letter. Otherwise, we will be constrained to file the necessary
legal action against you to protect the interest of our client. 

We trust that you will give this matter your prompt and preferential attention to avoid the expense and
inconvenience of litigation.

Truly yours,

ATTY. JUAN C. DELA CRUZ

AUTHORIZATION LETTER SAMPLE

April 27, 2013

Department of Foreign Affairs

Office of Consular Affairs-Authentication Division
DFA-NCR East
7th Floor Megamall Building C
EDSA corner J. Vargas Avenue
Mandaluyong City
Dear Sir/Maam:

I am currently in working Riyadh, Saudi Arabia and I would need an authenticated copy of my NSO birth
certificate to complete the process of my application working abroad.

Since I am not in a position to come to your office and apply for the same in person, I hereby authorize
my sister, MARTA M. DELA CRUZ, to apply for and get said document duly processed. Attached with this
letter is my NSO birth certificate to be authenticated.

I have also enclosed proofs of identity proving my relationship with the bearer of this letter.

Thank you for your prompt attention to my application.

Respectfully yours,

JUAN C. DELA CRUZ

CONTRACT OF SALE

CONTRACT TO SELL

KNOW ALL MEN BY THESE PRESENTS:

This Contract to Sell is made and executed and entered into by: 

Name of Seller, of legal age, Filipino, single/married to Name of the Spouse of Seller, with residence
address at Postal Address of the Seller in the Phiilppines, hereinafter referred to as the SELLER;

-AND- 

       Name of Buyer, of legal age, Filipino, single/married to, Name of Spouse of Buyer and with residence
and postal address at Address of the Buyer in the Phiippines, hereinafter referred to as the BUYER; 

WITNESSETH;

         WHEREAS, the SELLER is the registered owner of a parcel of land with improvements located at
Address of the property for sale in the Philippines and covered by Transfer Certificate of Title No.
000000 containing a total area of LAND AREA IN SQUARE METERS (000sqm) SQUARE METERS, more or
less, issued by the Registry of Deeds of City/Municipality;

WHEREAS, the BUYER has offered to buy and the SELLER has agreed to sell the above mentioned
property under the terms and conditions herein below set forth;
NOW THEREFORE, for and in consideration of the total sum of THE CONTRACT PRICE FOR THE PROPERTY
FOR SALE (P0,000,000.00) Philippine Currency, and of the covenants herein after set forth the SELLER
agrees to sell and the BUYER agree to buy the aforesaid property subject to the following terms and
conditions:

The total consideration shall be THE CONTRACT PRICE FOR THE PROPERTY FOR SALE (P0,000,000.00)
Philippine Currency, payable through CASH/MANAGERS’ CHECK/WIRE TRANSFER as follows:

1.1. The amount of THE EARNEST MONEY DEPOSIT (P000,000.00) representing earnest money deposit
shall be payable upon execution of this Contract to Sell and shall be considered part of the total Contract
price.

1.2. The remaining balance amounting to THE REMAINING BALANCE (P0,000,000.00) PESOS Philippine
Currency, shall be payable within TIME FRAME upon execution of this Contract to Sell.

1.3  In case the BUYERS could not fulfil any of their obligation stated in this Contract To Sell, the earnest
money shall be forfeited in favor of the SELLER.

2.    Al pending utility bills, if any, Real Estate Tax up to the time of sale, Capital Gains Tax, Documentary
Stamp Tax, shall be for the account of the SELLER.

3.     Notarization fees, Registration Fee, Transfer Fees and all miscellaneous fees and expenses to
transfer the certificate of title in the name of the new owner shall be for the account of the SELLER;

4.     Possession to the subject property shall be delivered by the SELLER to the BUYER upon full payment
of the total consideration;

5. ADDITIONAL TERMS AND CONDITIONS SUCH AS Delivery of the property shall be given by the SELLER
to the BUYER devoid of any religious artefacts, personal belongings and effects, tenants and any
toxic/radioactive substances. Etc.

6. TERMS AND CONDITIONS MAY VARY ON A CASE-TO-CASE BASIS. CONTRACTING PARTIE MAY ADD,
SUBTRACT, EDIT, ANY OR ALL PARTS OF THIS CONTRACT TO SELL AS THEY SEE FIT

7.    Upon full payment of the total price, the SELLER shall sign and execute a DEED OF ABSOLUTE SALE in
favour of the BUYER. The SELLER shall likewise execute and/or deliver any and all documents, including
but not limited to the original copy of Transfer Certificate of Title, Tax Declaration and all other
documents necessary for the transfer of ownership from SELLER to the BUYER. 

8. In case the SELLER could not fulfil any of the obligations stated in this Contract to Sell, the BUYER shall
be entitled to a full refund plus 10% interest per month.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, this

 
_____ day of _______________________ 20________ at ___________________________________,
Philippines.

___________________________________                                      
___________________________________

Printed Name and Signature of SELLER                                          Printed Name and Signature of BUYER

SIGNED IN THE PRESENCE OF:

 ___________________________________                                      
______________________________________

Printed Name and Signature of 1st Witness                                                Printed Name and Signature of
2nd Witness

 ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

_____________________________ )  SS.

BEFORE ME, a Notary Public for and in

________________________________________________________  personally appeared:

Name                                       ID  Number                                         Date/Place Issued

Known to me and to me known to be the same persons who executed the foregoing instrument and
acknowledged to me that the same are their free act and voluntary deed.

 
This instrument, consisting of 2 pages, including the page on which this acknowledgment is written, has
been signed on the left margin of each and every page thereof by the concerned parties and their
witnesses, and sealed with my notarial seal.

WITNESS  MY HAND AND SEAL on this ______day of

_______________________________20__________ at_____________________________.

Notary Public

  

Doc. No. ……..;

Page No. …….;

Book No. …….;

Series of 20____.

CONTRACT OF LEASE

LEASE CONTRACT

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT OF LEASE is made and executed at the City of _____, this day of _______________,
20__, by and between:

        (NAME OF LESSOR), of legal age, single/married to (Name of spouse if any),   Filipino, and with
residence and postal address at (Address), hereinafter referred to as the LESSOR.

 
-AND-

        (NAME OF LESSEE), Filipino and with residence and postal address at (Address), hereinafter referred
to as the LESSEE.

WITNESSETH; That

WHEREAS, the LESSOR is the owner of THE LEASED PREMISES, a residential property situated at (Address
of property to be leased);

WHEREAS, the LESSOR agrees to lease-out the property to the LESSEE and the LESSEE is willing to lease
the same;

NOW THEREFORE, for and in consideration of the foregoing premises, the LESSOR leases unto the
LESSEE and the LESSEE hereby accepts from the LESSOR the LEASED premises, subject to the following: 

TERMS AND CONDITIONS

1. PURPOSES:   That premises hereby leased shall be used exclusively by the LESSEE for residential
purposes only and shall not be diverted to other uses. It is hereby expressly agreed that if at any time
the premises are used for other purposes, the LESSOR shall have the right to rescind this contract
without prejudice to its other rights under the law.

2. TERM:  This term of lease is for ONE (1) YEAR. from (Date) to (Date) inclusive. Upon its expiration, this
lease may be renewed under such terms and conditions as my be mutually agreed upon by both parties,
written notice of intention to renew the lease shall be served to the LESSOR not later than seven (7) days
prior to the expiry date of the period herein agreed upon.

 
3. RENTAL RATE:   The monthly rental rate for the leased premises shall be in PESOS: AMOUNT IN
WORDS (P 00,000.00), Philippine Currency. All rental payments shall be payable to the LESSOR.

4. DEPOSIT:   That the LESSEE shall deposit to the LESSOR upon signing of this contract and prior to
move-in an amount equivalent to the rent for THREE (3) MONTHS or the sum of  PESOS: AMOUNT IN
WORDS (P 00,000.00), Philippine Currency.  wherein the two (2) months deposit shall be applied as rent
for the 11th and 12th months and the remaining one (1) month deposit shall answer partially for
damages and any other obligations, for utilities such as Water, Electricity, CATV, Telephone, Association
Dues or resulting from violation(s) of any of the provision of this contract.

5. DEFAULT PAYMENT:  In case of default by the LESSEE in the payment of the rent, such as when the
checks are dishonored, the LESSOR at its option may terminate this contract and eject the LESSEE. The
LESSOR has the right to padlock the premises when the LESSEE is in default of payment for One (1)
month and may forfeit whatever rental deposit or advances have been given by the LESSEE.

6. SUB-LEASE:   The LESSEE shall not directly or indirectly sublet, allow or permit the leased premises to
be occupied in whole or in part by any person, form or corporation, neither shall the LESSEE assign its
rights hereunder to any other person or entity and no right of interest thereto or therein shall be
conferred on or vested in anyone by the LESSEE without the LESSOR'S written approval.

7. PUBLIC UTILITIES:   The LESSEE shall pay for its telephone, electric, cable TV, water, Internet,
association dues and other public services and utilities during the duration of the lease. 

8. FORCE MAJEURE:   If whole or any part of the leased premises shall be destroyed or damaged by fire,
flood, lightning, typhoon, earthquake, storm, riot or any other unforeseen disabling cause of acts of
God, as to render the leased premises during the term substantially unfit for use and occupation of the
LESSEE, then this lease contract may be terminated without compensation by the LESSOR or by the
LESSEE by notice in writing to the other.

9. LESSOR'S RIGHT OF ENTRY:   The LESSOR or its authorized agent shall after giving due notice to the
LESSEE shall have the right to enter the premises in the presence of the LESSEE or its representative at
any reasonable hour to examine the same or make repairs therein or for the operation and maintenance
of the building or to exhibit the leased premises to prospective LESSEE, or for any other lawful purposes
which it may deem necessary.

10. EXPIRATION OF LEASE:   At the expiration of the term of this lease or cancellation thereof, as herein
provided, the LESSEE will promptly deliver to the LESSOR the leased premises with all corresponding
keys and in as good and tenable condition as the same is now, ordinary wear and tear expected devoid
of all occupants, movable furniture, articles and effects of any kind. Non-compliance with the terms of
this clause by the LESSEE will give the LESSOR the right, at the latter's option, to refuse to accept the
delivery of the premises and compel the LESSEE to pay rent therefrom at the same rate plus Twenty Five
(25) % thereof as penalty until the LESSEE shall have complied with the terms hereof.  The same penalty
shall be imposed in case the LESSEE fails to leave the premises after the expiration of this Contract of
Lease or termination for any reason whatsoever.

11. JUDICIAL RELIEF:   Should any one of the parties herein be compelled to seek judicial relief against
the other, the losing party shall pay an amount of One Hundred (100) % of the amount clamed in the
complaint as attorney's fees which shall in no case be less than P50,000.00 pesos in addition to other
cost and damages which the said party may be entitled to under the law.

12. This CONTRACT OF LEASE shall be valid and binding between the parties, their successors-in-interest
and assigns.

IN WITNESS WHEREOF,  parties herein affixed their signatures on the date and place above written.

(Name of Lessor)                               (Name of Lessee)

LESSOR                                                LESSEE

Signed in the presence of:

_____________________________                  ______________________________

ACKNOWLEDGEMENT

Republic of the Philippines)

_________________________) S.S
 

BEFORE ME, personally appeared:

   Name                                 CTC Number             Date/Place Issued

(Name of Lessor)                     10000000           February 24, 20__ / Cavite City

(Name of Lessee)                     10000000           January 07, 20__ / Makati

Known to me and to me known to be the same persons who executed the foregoing instrument and
acknowledged to me that the same is their free and voluntary act and deed.

This instrument consisting of ____ page/s, including the page on which this acknowledgement is written,
has been signed on each and every page thereof by the concerned parties and their witnesses, and and
sealed with my notarial seal.

WITNESS MY HAND AND SEAL, on the date and place first above written.

                                                                    

                                                                             

Notary Public

Doc. No.______;

Page No. ______;

Book No.______;

Series of 20___.

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:
WE, (Insert Name of Principal) single/married (insert name of spouse if married), of legal age, with
residence and postal address at (Address) do hereby APPOINT (Insert name of Agent /Attorney-In-Fact)
single/married (insert name of spouse if married), likewise of legal age, with postal address at (Address)
as our true and legal representative to act for and in our name and stead and to perform the following
acts:

To sell, offer for sale, and come to an agreement as to the purchase price and thereafter to sign for us
and in our name and receive payment from the sale of our property more particularly described as
follows: (Insert Description of Property) HEREBY GRANTING unto our representative full power and
authority to execute and perform every act necessary to render effective the power to sell the foregoing
properties, as though we ourselves, have so performed it, and HEREBY APPROVING ALL that he may do
by virtue hereof with full right of substitution of his person and revocation of this instrument.

IN WITNESS WHEREOF , WE HAVE HEREUNTO SET OUR HANDS THIS ____ DAY OF
_______________ 20__, AT (Insert Place of execution of this Instrument).
_______________________________ __________________________________(Name of Principal)
(Name of Agent /Attorney-In-Fact) Republic of the Philippines )_________________________) S.S
BEFORE ME, personally appeared:
Name CTC Number Date/Place Issued
(Name of Principal) 10000000 Jan 09, 20__ / Angeles City
(Name of Agent) 10000000 Jan 16, 20__ / City of Manila
Known to me and to me known to be the same persons who executed the foregoing instrument
and acknowledged to me that the same is their free and voluntary act and deed.
WITNESS MY HAND AND SEAL, on the date and place first above written.
Notary Public
Doc. No.______;
Page No. ______;
Book No.______;
Series of 20___.

VERIFICATION AND CERTIFICATION AGAINST NON-FORUM SHOPPING, SPLITTING A SINGLE CAUSE OF

ACTION AND MULTIPLICITY OF SUITS

I, __________________________________, of legal age,  Filipino,

married/single/widow/widower, and a resident of
______________________________________________________, on oath, state:
1. That I am the _____________________ in the above-entitled case have caused this
_______________________________ to be prepared; that I read and understood 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 or subject matter, and
specifically the same check/s in the Supreme Court, the Court of Appeals or any other tribunal or
agency, particularly before the Office of the City Prosecutor of _______________________; 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.

3. That the filing of this case is not in violation of the rule against splitting a single cause of action or
multiplicity of suits.

4. That I knowingly and voluntarily waive and forego the institution of any criminal complaint for
Violation of Batas Pambansa Blg. 22 against the defendant herein based on the same check/s subject
matter of this Small Claims Complaint.

IN WITNESS WHEREOF, I have hereunto set my hand this ___________ day of

_____________________, 20_____.

__________________________
         Affiant
SUBSCRIBED AND SWORN TO before me this _____ day of _________________.

Doc. No. _____

Page No. _____
Book No. _____
Series of 2016.

NOTICE OF HEARING

FORM 4-SCC

REPUBLIC OF THE PHILIPPINES

_____________________________________

_____________________________________
 _____________________________________

_____________________________,

Plaintiff,

vs.Civil Case No. __________

 F
or: _____________________

_____________________________,

Defendant,

NOTICE OF HEARING

YOUR CASE IS SET for hearing before the Presiding Judge of this Court on
_______________________ at _______________.

(Ang inyong kaso ay diringgin ng Pinunong Hukom ng Hukumang ito sa

_______________________________, sa ganap na _________.)

YOU MUST ATTEND THE HEARING. IF YOU CANNOT ATTEND BECAUSE IT IS PHYSICALLY IMPOSSIBLE
FOR YOU TO DO SO, YOU MAY AUTHORIZE A REPRESENTATIVE WHO IS NOT A LAWYER TO APPEAR FOR
YOU. FOR THIS PURPOSE YOU SHOULD FILL UP FORM 5-SCC (SPECIAL POWER OF ATTORNEY).

(KINAKAILANGAN NINYONG DUMALO SA PAGDINIG. KUNG HINDI KAYA NG KATAWAN NINYO ANG
PAGDALO NANG PERSONAL SA PAGDINIG NG IYONG KASO, MAAARI KANG MAGPADALA NG IYONG
KINATAWAN NA HINDI ABOGADO SA PAGDINIG. SA GANITONG LAYUNIN, PUNUAN NINYO ANG FORM 5-
SCC [NATATANGING GAWAD-KAPANGYARIHAN - SPECIAL POWER OF ATTORNEY.])

WITNESS the HON.______________________________________, Presiding Judge of this Court,

this ____ day of ________________, 20___, at

_________________________, Philippines, (date).

 (Saksi si Kgg. __________________________________________, Pinunong Hukom ng Hukumang
ito, ngayong ____________________, 20____ dito sa ______________, Pilipinas.)

___________________________
Branch Clerk of Court
(Sangay na Kawani ng Hukuman)

NOTE: FOR INQUIRIES, CALL TEL. #____________

(Tala: Para sa katanungan, tumawag sa Korte sa Tel. Blg. _________)

JUDICIAL AFFIDAVIT
(Rule on Judicial Affidavit,
A.M. No. 12-8-8-12, September 4, 2012)

I.                   PRELIMINARY INFORMATION.

A. NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE WITNESS.

Name             :           IRENE  xxx

Age                 :           xxx;
Address          :           xxx St., xxx, Rizal;
Occupation    :           Housewife;
Language       :           English and Tagalog.

B. LAWYER WHO CONDUCTED OR SUPERVISED THE EXAMINA TION OF THE WITNESS.

Name                         :           Atty. MANUEL J. LASERNA JR.

Address                      :           LASERNA CUEVA-MERCADER LAW

OFFICES, Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village, Las Pinas City 1740.

Place of Examination:  LASERNA CUEVA-MERCADER LAW OFFICES,

Law Offices, Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village, Las Pinas City 1740.

II.                OFFER.
 The testimony of the witness Irene  Xxx-Xxx is being offered to prove the:

1.       The identity of the real property subject matter of this case;

2.      The questioned land title in the name of the defendant covering the subject property;

3.      The antecedent land titles of the questioned land title of the defendant;

4.      The legal history of the antecedent and the current/questioned land titles;

5.      The identities of the legal heirs/plaintiffs claiming the subject property;

6.      The identities of the predecesors-in-interest/decedents of the said legal heirs/plaintiffs;

7.      The legal bases for the claim/prayers of the plaintiffs.

III.             JUDICIAL AFFIDAVIT PROPER.

I, IRENE XXX, xxx years old, married, Filipino, and residing at xxx St., xxx, Rizal, under oath, depose:

1. Q – Please state your name, age, residence, and occupation of the witness.

A –            I am IRENE  XXX-XXX, 51 years old, married,

residing at xxx St., xxx, Rizal, and a Housewife.

2. Q- Why are you here now?

A – To give a sworn statement by way of a judicial affidavit, the

same to constitute as my direct testimony, in the above-captioned
civil case.

3. Q-        For the record, please state the name  and  address  of  the 

Lawyer  who  is now conducting  or supervising your examination  and  the  place  where  the
examination is being held now?

A – The legal counsel for the plaintiffs, Atty. Manuel J. Laserna Jr.,
is conducting or supervising my examination now at his law office
(Laserna Cueva-Mercader Law Offices) located at:
 Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village,
Las Pinas City 1740.

4. Q – In what language do you want your examination to be conducted?

A –            This judicial affidavit is prepared in English.

But I prefer that  my cross examination be conducted in

Tagalog for my convenience and for clarity.

5. Q – Do you undertake to answer the questions to be asked of you, fully conscious that you will
do so under oath, and that you may face criminal liability for false testimony or perjury?

A  -Yes.

6.      Q –    Let us now proceed to the Complaint. Do you know the

plaintiffs “Heirs of (the deceased) Sps. Serafin Xxx and Luz Xxx-Xxx (Heirs of the Sps. Xxx)”, namely:

a.      Josefina Xxx and

b.      The children of Jose Manuel Xxx, namely:

                                                              i.      Ken Jefferson Xxx,

                                                           ii.      Kate Jennelyn Xxx,
                                                         iii.      Katty Jane Xxx, and
                                                          iv.      Kris Jennifer Xxx?

A – Yes. They are relatives of mine.

7.      Q –   Do you the plaintiffs “Heirs of (the deceased)  Sps. Luz
Xxx-Xxx and Serafin Xxx”, namely:

a.      Irene Xxx Xxx and

b.      Yvette O. Xxx? 

A -       Yes.

I am Irene A. Xxx.  Yvette O. Xxx is my sister.

8.     Q -     Do you know the plaintiff “xxx RESORT,  

INCORPORATED”, represented in this case by its  President
xxx FLORANTE xxx?

A –    Yes.
 Xxx Resort Inc., thru its President, xxx Florante
Xxx, has bought from the plaintiffs the real property subject matter of this case.

9.      Q -       Do you know the defendant in this case, LEONORA   

XXX?

A – Yes. She is a relative of my mother’s first husband.

My deceased mother was LUZ XXX VDA. DE XXX.

Her first husband was SERAFIN XXX (deceased).

10.  Q - Why are your testifying in this case?

A –      I am testifying in this case as an heir of the deceased Sps. Luz

Xxx-Xxx and Serafin Xxx.

I am a co-plaintiff in this case.

This case is for:

a.      Annulment of Transfer of Certificate of Title No. xxx registered in the name of defendant LEONORA 
XXX (“Xxx”), and all persons acting under her authority,  covering a parcel of land located in Barrio
Balimbing, Municipality of Xxx, Rizal (“subject property”);

b.      Accion Reivindicatoria or recovery of the ownership of the subject property from defendant XXX and
persons acting under her authority in favor of XXX RESORT as the BUYER of the subject property from
the plaintiffs;

c.       Recovery of the possession of the subject property from defendant XXX and persons acting under her
authority in favor of XXX RESORT as the BUYER of the subject property from the plaintiffs;

d.      DAMAGES based on the provisions of   ABUSE OF RIGHT (pursuant to Articles 19 and 20 of the Civil
Code) and  TORT or QUASI DELICT and TORT/DAMAGES (pursuant to Article 2176  and the damages
provisions of the Civil Code).

11.   Q -       Are you familiar with the real property subject matter of this
case?

A -       Yes. I live in Xxx, Rizal, where the subject pr0perty is also
located and I always visit the subject property.

12.  Q  - Can you describe the subject property?

A -     Yes. The subject property is a parcel of land registered in the

name of the defendant XXX under Transfer of Certificate of Title (TCT) No. xxx, issued by the Registry of
Deeds of the Province of Rizal on xxx, 1981.   
 It is covered by Tax Declaration No. xxx in the name of defendant Xxx with an assessed value of Pxxx.

It has an area of xxx SQUARE METERS, more or less.

13.  Q  -      Are you familiar with the history of the land title of the
subject pr0pety registered in the name of the defendant
 Xxx?  
  
            A –      Yes.
I have researched and investigated the history of the
subject property before we filed this case.

I have also interviewed the living elders of our clan (heirs of Juez Manuel Xxx) about the history of the
subject property. I was assisted in the research and investigation by my husband, Jose J. Xxx, and the
lawyers for the plaintiffs, the Laserna Cueva-Mercader Law Offices.

14.  Q – Who is the deceased Juez  Manuel Xxx?

A -       The deceased Juez Manuel Xxx is the grandfather of the

plaintiffs and the defendant Xxx.

He was the original registered owner of a parcel of land under Certificate of Title No. xxx by the Register
of Deeds of the Province of Rizal, pursuant to a Sales Patent No. xxx issued xxx, 1927, located in Xxx,
Rizal with an area of fifteen (15) hectares.

15.   Q – Who was the wife of Juez Manuel Xxx?

A –      The wife of Juez Manuel Xxx was the deceased Pelagia R. Xxx.

The late Juez Manuel Xxx and the late Pelagia Xxx were lawfully married to each other on xxx, 1924 in
Xxx, Rizal.

16.   Q –     What is the relation of Pelagia  Xxx to the subject

property?

A -       On xxx, 1922, the late Pelagia Xxx was issued

Certificate of Title No. xxx by the Register of Deeds of the Province of Rizal, pursuant to Sales Patent No.
xxx, for a parcel of land located in Xxx, Rizal with an area of xxx  hectares.

The property formed part of her conjugal partnership with her husband, the deceased Juez Manuel Xxx.

17.   Q – When did Juez Manuel Xxx die?

A – Juez Manuel Xxx died on xxx, 1949.

18.  Q – When  did Pelagia Xxx die?

 A -       Pelagia Xxx died on xxx, 1957.

19.  Q – Who were the heirs of the deceased Sps. Juez

Manuel Xxx and Pelagia Xxx?

A –      The heirs of the deceased Spouses Juez Manuel Xxx and
Pelagia Xxx was their only surviving child and their only heir Serafin Y. Xxx.

As the only surviving child and the only heir of the deceased Sps. Juez Manuel Xxx and Pelagia Xxx,
Serafin   Xxx inherited the abovementioned parcels of land owned by his deceased parents.

20. Q –      What legal instrument did Serafin Xxx execute

to cause the transfer of the ownership of the estate of his deceased parents in his name?

A -       In xxx 1958, Serafin  Xxx executed an Affidavit of

Adjudication.

21.  Q -  What happened next?

A -       On November 10, 1958, Transfer Certificate of Title

(TCT) No. xxx was issued by the Registry of Deeds of the Province of Rizal in the name o Serafin Xxx.

22.  Q – Do you know the wife of Serafin Xxx?

A –      Yes. Serafin Xxx married Luz Xxx on xxx, 1952 in Cardona, Rizal.

23. Q - When did Serafin Xxx die?

A - Serafin Xxx died on xxx, 1958.

24. Q – Who were the legal heirs of Serafin Xxx?

A -       The legal heirs of Serafin Xxx heirs were his widow Luz Xxx Vda de Xxx and their two (2) children
Josefina Xxx and Jose Manuel Xxx.

25.  Q –      How did the legal heirs of the deceased Serafin Xxx
partition his estate?

A –      The parcel of land covered by TCT No. xxx

registered in the name of Serafin Xxx, married to Luz Xxx, with an area of xxx square meters, was
subsequently divided into three parcels,  with separate three (3) titles, in the names of Luz Vda De Xxx –
1/3; Josefina Xxx – 1/3; and Jose Manuel Xxx – 1/3, to wit:
 a.      Luz Vda. De Xxx - TCT No. xxx with an area of xxx square meters (representing her conjugal share plus
her legitime from the estate of her deceased husband Serafin Xxx);

b.      Josefina Xxx - TCT No. xxx with an area of xxx square meters (representing her legitime from the estate
of her deceased father Sarafin Xxx); and

c.       Jose Manuel Xxx - TCT No. xxx with an area of xxx square meters (representing his legitime from the
estate of her deceased father Sarafin Xxx).

The Plan of Subdivision Survey made for the estate of the deceased Serafin Xxx (TCT No.xxx) was made
by Private Land Surveyor Julian B. Santos in 1959.

26. Q -  Are you familiar with the parcel of land covered TCT      No. xxx in the name of Luz Vda. De Xxx, the
widow of Serafin Xxx?

A –      Yes. It is a parcel of land described as Lot 1 of the subdivision

plan (LRC), Psd-xxx; being a portion of the parcel of land described on plan Si-xxx, LRC (GLRO) Rec. No.
(Sales Patent), situated in the Barrio of Balimbing, Municipality of Xxx, Province of Rizal, with an area of
xxx SQUARE METERS, more or less.

27.  Q –      When Serafin Xxx died in 1958, how old were his
children Josefina Xxx and Jose Manuel Xxx.

A -       At the time of the death of Serafin Xxx in 1958, his two (2) surviving children, namely, Josefina Xxx and
Jose Manuel Xxx, were still both minors.

Josefina Xxx was born on xxx, 1954 and she was only over three (3) years old when her Father Serafin
Xxx died.

Jose Manuel Xxx was born on xxx, 1957 and he was only slightly over one (1) year old when his father
Serafin Xxx died.

28. Q - Do you know the deceased Gregoria Xxx?

A -       Yes. Gregoria Xxx Xxx was an aunt of Josefina

Xxx and Jose Manuel Xxx.

29. Q –      What is the relation of Gregoria Xxx Xxx to the

subject property subject matter of this case?

A -       During the lifetime of the deceased Gregoria Xxx Xxx

she caused the execution of three (3) simulated and void
Deeds of Absolute Sale covering the parcel of land registered
under TCT No. xxx with an area of xxx square
meters, to wit:
a.      Deed of Absolute Sale, dated xxx, 1974, allegedly executed by Luz Xxx Vda De Xxx in favor of Gregoria
Xxx Xxx for Pxxx covering her one-third share on the parcel of land covered by TCT No. xxx.

b.      Deed of Absolute Sale, dated xxx, 1977, allegedly executed by Josefina Xxx in favor of Gregoria Xxx Xxx
for Pxxx  covering her one-third share on the parcel of land covered by TCT No. xxx.

c.       Deed of Absolute Sale, dated xxx, 1979, allegedly executed by Jose Manuel Xxx in favor of Gregoria Xxx
Xxx for Pxxx covering his one-third share on the parcel of land covered by TCT No. xxx.

30. Q –      Why do you say that the said three (3) deeds of sale (c. 1974, 1977,  and 1979) were void and
simulated?

A -  The reasons are as follows based on our family records:

a.      The alleged signature of Luz Vda De Xxx on the alleged Deed of Absolute Sale, dated XXX, 1974 was   not
the true signature of Luz Xxx Vda De Xxx. 

Thus, the alleged signature of Luz Xxx Vda De Xxx was a forgery.

The said Deed of Absolute Sale is NULL and VOID ab initio and INEFFECTIVE for lack of consent.

b.      Moreover, the alleged consideration of Pxxx for the sale of the 1/3 share of Luz Xxx Vda De Xxx on the
parcel of land under TCT No. xxx was not paid by Gregoria Xxx Xxx. 

The said Deed of Absolute Sale is rendered NULL and VOID ab initio and INEFFECTIVE for lack of
consideration.

c.       The alleged signature of Jose Manuel Xxx on the alleged Deed of Absolute Sale, dated xxx, 1979 IS NOT
the signature of Jose Manuel Xxx. 

Thus, the said alleged signature of Jose Manuel Xxx was a forgery.

The said Deed of Absolute Sale is NULL and VOID ab initio and INEFFECTIVE for lack of consent.

d.      Further, the alleged consideration of Pxxx for the sale of the 1/3 share of Jose Manuel Xxx in the land
covered by TCT No. xxx was not paid by Gregoria Xxx Xxx. 

The said Deed of Absolute Sale is rendered NULL and VOID ab initio and INEFFECTIVE for lack of
consideration.

e.      The signature of Josefina Xxx on the Deed of Absolute Sale, dated xxx, 1977 WAS NOT VOLUNTARILY
AFFIXED by her as she was INFLUENCED (and was not in a position to decline) to sign the same by her
aunt Gregoria Xxx.

The said Deed of Absolute Sale is NULL and VOID ab initio and INEFFECTIVE for lack of consent.
f.        Moreover, the alleged consideration of Pxxx for the sale of the 1/3 share of Josefina Xxx on the parcel
of land under TCT No. xxx was not paid by Gregoria Xxx Xxx. 

The said Deed of Absolute Sale is rendered NULL and VOID ab initio and INEFFECTIVE for lack of
consideration.

31.  Q – What happened next?

A –      Based on the aforecited three (3) Deeds of Absolute Sale,

TCT No. xxx was issued in the name of  Gregoria Xxx
Xxx by the Registry of Deeds of the Province of Rizal on
December 9, 1980.

Subsequently, the TCT No. M-xxx was issued on xxx, 1981 by the Registry of Deeds of the
Province of Rizal in the name of the defendant Leonora   Xxx, a niece of Gregoria Xxx Xxx, based on a
deed of sale executed by Gregoria Xxx Xxx in favor of the defendant Xxx on xxx, 1979.

It was annotated at the back of TCT No. xxx on xxx, 1981 as Entry No. xxx.

32. Q  -      Why are you running after the defendant Xxx for
the subject property?

A –      We, the plaintiffs, are running after the defendant Xxx in
this case because the legal defects in the title of Gregoria
Xxx Xxx under TCT No. xxx were transferred
to the defendant Xxx as the transferee of Gregoria
Xxx Xxx.

We believe that the parcel of land covered

by TCT No. xxx still belongs to Luz Xxx Vda De
Xxx, Josefina Xxx and Jose Manuel Xxx.

33. Q- Did Luz Xxx Vda Xxx (Luz Xxx) remarry?

A-    Yes. She entered into a second marriage with Serafin Xxx on xxx, 1960. 

34. Q -       Did the Sps. Luz Xxx and Serafin Xxx have
children?

A –      Yes. They had two (2) children, namely, myself, Irene O.
Xxx, married to Jose J. Xxx, and my sister Yvette O.
Xxx.

35.  Q - Where is Jose Manuel Xxx now?

A – He died on xxx, 1989.

36. Q – Who are the legal heirs of the deceased Jose Manuel Xxx?

A -       The late Jose Manuel Xxx was survived by his four (4)
children, namely: 

(1) Ken Jefferson Xxx,

(2) Kate Jennelyn
Xxx,
(3) Katty Jane Xxx, and
(4) Kris Jennifer Xxx. They
are co-plaintiffs in this case.

37.  Q – Where is Luz Xxx-Xxx (Luz Vda. De Xxx) now:

A – She died on xxx, 1991. 

38. Q – Who were the legal heirs of Luz Xxx-Xxx (Luz Vda. De Xxx)?

A.     He legal heirs were the following:

a.      Her second husband Serafin Xxx;

b.      Her children and grand children from her first marriage:

b.1. Josefina Xxx; and

b.2. The children of Jose Manuel Xxx:

·         Ken Jefferson Xxx;

·         Kate Jennelyn Xxx;
·         Katty Jane Xxx; and
·         Kris Jennifer Xxx.

c.       Her children from her second marriage: Myself, Irene Xxx-Xxx; and Yvette  Xxx.

39. Q – Where is Serafin Xxx (second husband of the widow Luz Xxx-Xxx [Luz Vda. De Xxx])now?

A – He died on xxx, 2008.

40. Q- Who are his legal heirs?

A - The surviving legal heirs of the deceased Sps. Serafin Xxx and the deceased Luz Xxx are:

a.      Josefina Xxx;

b.      The children of Jose Manuel Xxx; and
c.       The surviving legal heirs of the Sps. Luz Xxx and Serafin Xxx, i.e., myself Irene  Xxx-Xxx and my sister
Yvette  Xxx.

41.  Q  -What is your computation of the shares of the plaintiffs from the subject property?

A – Their shares are as follows:

a.      Josefina Xxx - xxx square meters;

b.      Children of Jose Manuel Xxx, sharing equally among them:

·         Ken Jefferson Xxx,

·         Kate Jennelyn Xxx,
·         Katty Jane Xxx, and
·         Kris Jennifer Xxx

- xxx square meters;

c.       Irene Xxx-Xxx - xxx square meters;

d.      Yvette  Xxx - xxx square meters.

The total of the above sharing is xxx square meters.

42. Q – What is the relation of Xxx Resort to the subject property?

A - The plaintiffs Heirs of Sps. Xxx have sold  the subject

property to the XXX RESORT, INC., represented by its
President xxx FLORANTE XXX,  as contained in the “Deed
of Extrajudicial Partition; with Deed of Absolute Sale; Waiver of
Rights; and Special Power of Attorney, dated xxx, 2012.

In the said deed, the plaintiffs have also executed a special power
of attorney in favor of xxx Xxx and the lawyers for the
plaintiffs, Atty. Manuel Laserna Jr. and/or Atty. Myrna
Mercader to represent them in all stages of this case.

43. Q – What reliefs do you seek from the Court?

A – We seek the following reliefs:

a.      The annulment of TCT No. xxx registered in the name of defendant LEONORA  XXX.

b.      The recovery of the ownership (accion reinvindicatoria) of the subject property from defendant
LEONORA XXX (and those acting under her authority) in favor of co-plaintiff XXX RESORT, INC. as the
BUYER of the subject property from the plaintiffs Heirs of Sps. Serafin Xxx and Luz Xxx-Xxx.
c.       The recovery of the possession of the subject property from defendant LEONORA XXX (and those
acting under her authority) in  favor of XXX RESORT, INC. as the BUYER of the subject property from the
plaintiffs Heirs of Sps. Serafin Xxx and Luz Xxx-Xxx.

d.      The award of the following damages based on the provisions of   ABUSE OF RIGHT and TORT or QUASI
DELICT, pursuant to Articles 19 and 20 (abuse or right) in relation to Articles 2176    (tort/quasi delict)
and Title XVIII (“Damages”) of the Civil Code, to wit:

d.1. Moral damages in the amount of P500,000.00 in favor of the lead plaintiffs Heirs of the Sps. Xxx for
their physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded
feelings, moral shock  and social humiliation of the lead plaintiffs Heirs of the Sps. Xxx;

d.2. Exemplary damages in the amount of P500,000.00 in favor of the lead  plaintiffs Heirs of the Sps. Xxx
by way of example or to serve as  correction for the public good.

d.3. Attorneys fees in the amount of Pxxx as acceptance fees for the legal services of the Laserna Cueva-
Mercader & Associates Law  Offices as the Legal Counsel of XXX RESORT, INC., plus appearance fee per
hearing in the amount of  Pxxx per hearing;

d.4. Litigation costs in the amount of P100,000.00;

d.5. Costs of suit.  

44. Q – What documents do you wish to submit to the Court?

A –  We hereby reiterate our “EX PARTE MOTION TO INSTRUCT THE BRANCH CLERK OF COURT
TO MARK THE COMMON EXHIBITS”, dated xxx, 2015, and support of our earlier “EX PARTE
MANIFESTATION (ADOPTION OF SELECTED DEFENDANT’S EXHIBITS AS PLAINTIFFS’ COMMON
EXHIBITS)”, dated xxx, 2015, we, by counsel, manifested to the Court that we were ADOPTING as
COMMON EXHIBITS the following exhibits previously introduced by the defendant Xxx which were
attached to the Judicial Affidavit of the first witness for the defendant Xxx in the person of LIGAYA
xxx, to wit:

            “X x x.

1.       As Exhs. “A” to “A-5” for the plaintiffs - Exh. “1” to “1-E” of the Xxx judicial affidavit, i.e., TCT No. M-xxx,
with submarkings, including the last page entitled Memorandum of Encumbrances.

2.      As Exhs. “B” to “B-4” for the plaintiffs - Exh. “2” to “2-B” of the xxx judicial affidavit, i.e., DEED OF
ASSIGNMENT executed by GREGORIA XXX, with submarkings.

3.      As Exh. “C” to “C-3” for the plaintiffs - Exh. “3” to “3-C” of the Xxx judicial affidavit, i.e., TCT NO. M-xxx,
with submarkings.

4.      As Exh. “D” to “D-1” for the plaintiffs - Exh. “4” to “4-(not legible)” of the Xxx judicial affidavit, i.e., TCT
NO. xxx, with submarkings.
5.      As Exh. “E” for the plaintiffs - Exh. “5” of the Xxx judicial affidavit, i.e., DEED OF ABSOLUTE SALE
executed by LUZ XXX VDA. DE XXX, consisting of one (1) page.

6.      As Exh. “F” for the plaintiffs - Exh. “6” of the Xxx judicial affidavit, i.e., DEED OF ABSOLUTE SALE
executed by JOSE MANUEL XXX, consisting of one (1) page. 

7.      As Exh. “G” for the plaintiffs - Exh. “7” of the Xxx judicial affidavit, i.e., DEED OF ABSOLUYE SALE
executed by JOSEFINA XXX, consisting of one (1) page.

8.     As Exh. “H” for the plaintiffs - Exh. “8”   of the Xxx judicial affidavit, i.e., CERTIFICATION dated xxx, 2014,
of the National Archives of the Philippines, consisting of one (1) page.

9.      As Exh. “I” for the plaintiffs - Exh. “9”   of the Xxx judicial affidavit, i.e., CERTIFICATION dated xxx, 2014,
of the National Archives of the Philippines, consisting of one (1) page.

10.  As Exh. “J” for the plaintiffs - Exh. “10”   of the Xxx judicial affidavit, i.e., CERTIFICATION dated xxx, 2014,
of the National Archives of the Philippines, consisting of one (1) page.

11.   As Exh. “K” to “K-11” for the plaintiffs - Exh. “16”  to “16-FF” of the Xxx judicial affidavit, i.e., VARIOUS
OFFICIAL RECEIPTS FOR PAYMENTS OF LOCAL REAL ESTATE TAXES issued to Defendant LEONORA V. XXX
(marked as Exhs. “16” to “16-Z” for the Defense) and issued to xxx DEV. CORP. (marked as Exhs. “16-AA”
to “16-FF” for the Defense).

12.  As Exh. “L” to “L-1” for the plaintiffs - Exh. “16-GG” to “16-JJ” of the Xxx judicial affidavit, i.e., TAX
DECLARATION NO. xxx (Exh. “16-GG”, etc.) and TAX DECLARATION NO. xxx  (Exh. “16-II”, etc.), consisting
of two (2) pages.

13.   As Exh. “M” for the plaintiffs - Exh. “19” of the Xxx judicial affidavit, i.e., topographical map showing the
location of LOT NO. 1 (LRC) PSD –  xxx, A (area) = xxx sq. m., M-xxx.

X x x.”

45.  Q – What else, if any?

A – I hereby introduce, for marking purposes, the following exhibits which were already attached to the
Complaint as Annexes “A” to “JJ” thereof.

I ask that they be marked as Exhs. “N” to “XX” to correspond to their specific Annex Markings in
the Complaint. To wit:

Annex “A” in the Complaint, the same to be marked as Exh. “N” hereof – Xxx Resort, Incorporated Board
Resolution No. xxx, series of 2012;
Annex “B” in the Complaint, the same to be marked as Exh. “O” hereof  – TCT No. xxx in the name of
Leonora Xxx;

Annex “C” in the Complaint, the same to be marked as Exh. “P” hereof  – Tax Declaration No. xxx in the
name of Leonora Xxx;

Annex “D”  in the Complaint, the same to be marked as Exh. “Q” hereof  - Certificate of Title No. xxx in
the name of Juez Manuel Xxx;

Annex “E” in the Complaint, the same to be marked as Exh. “R” hereof  - Certificate of Title No. 4 in the
name of Pelagia Xxx;

Annex “F”  in the Complaint, the same to be marked as Exh. “S” hereof  - Negative Marriage Contract of
Juez Manuel Xxx and Pelagia Xxx;

Annex “G” in the Complaint, the same to be marked as Exh. “T” hereof  – Certificate of Death of Juez
Manuel Xxx;

Annex “H” in the Complaint, the same to be marked as Exh. “U” hereof  – Certificate of Death of Pelagia
Xxx;

Annex “I” in the Complaint, the same to be marked as Exh. “V”  hereof  - Negative Certification of Birth
of Serafin Xxx;

Annex “J” in the Complaint, the same to be marked as Exh. “W” hereof  - Affidavit of Adjudication of
Serafin Xxx;

Annex “K” in the Complaint, the same to be marked as Exh. “X” hereof  – Notarial page of the Notarial
Book of Notary Public xxx;

Annex “L” in the Complaint, the same to be marked as Exh. “Y” hereof  – TCT No. xxx in the name of
Serafin Xxx;

Annex “M” in the Complaint, the same to be marked as Exh. “Z” hereof  – Marriage Contract between
Serafin Xxx and Luz Xxx;

Annex “N” in the Complaint, the same to be marked as Exh. “AA”  hereof  – Certificate of Death of
Serafin Xxx;

Annex “O” in the Complaint, the same to be marked as Exh. “BB” hereof  – Certificate of Birth of Josefina
Xxx;

Annex “P” in the Complaint, the same to be marked as Exh. “CC” hereof – Certificate of Live Birth of Jose
Manuel Xxx;

Annex “Q” in the Complaint, the same to be marked as Exh. “DD” hereof  – TCT No. xxx in the name of
Luz Vda De Xxx, Josefina Xxx and Jose Manuel Xxx;
Annex “R” in the Complaint, the same to be marked as Exh. “EE” hereof  – TCT No. xxx196257 in the
name of Luz Vda De Xxx, Josefina Xxx and  Jose Manuel Xxx;

Annex “S” in the Complaint, the same to be marked as Exh. “FF” hereof  – TCT No. xxx in the name of Luz
Vda De Xxx, Josefina Xxx and  Jose Manuel Xxx;

Annex “T” in the Complaint, the same to be marked as Exh. “GG” hereof  – Plan of Subdivision Survey for
Serafin Xxx for Si-xxx, described in TCT No. xxx;

Annex “U” in the Complaint, the same to be marked as Exh. “HH” hereof  – Alleged Deed of Absolute
Sale of Luz Xxx, dated May 25,  1974, allegedly in favor of Gregoria  Xxx;

Annex “V” in the Complaint, the same to be marked as Exh. “II” hereof  -  Alleged Deed of Absolute Sale
of Josefina Xxx, dated xxx,  1977, allegedly in favor of Gregoria Y. Xxx;

Annex “W” in the Complaint, the same to be marked as Exh. “JJ” hereof  - Alleged Deed of Absolute Sale
of Jose Manuel Xxx, dated xxx,  1979, allegedly in favor of Gregoria Y. Xxx;

Annex “X” in the Complaint, the same to be marked as Exh. “KK” hereof  – TCT No. xxx in the name of
Gregoria Y. Xxx;

Annex “Y” in the Complaint, the same to be marked as Exh. “LL” hereof  -  Marriage Contract between
Luz Xxx and Serafin Xxx;

Annex “Z” in the Complaint, the same to be marked as Exh. “MM” hereof  – Certificate of Live Birth of
Irene Xxx;

Annex “AA” in the Complaint, the same to be marked as Exh. “OO” hereof – Certificate of Live Birth of
Yvette  Xxx;

Annex “BB”  in the Complaint, the same to be marked as Exh. “PP” hereof - Certificate of Death of Jose
Manuel Xxx;

Annex “CC” in the Complaint, the same to be marked as Exh. “QQ” hereof  – Certificate of Live Birth of
Ken Jefferson Xxx;

Annex “DD” in the Complaint, the same to be marked as Exh. “RR” hereof – Certificate of Live Birth of
Kate Jennelyn Xxx;

Annex “EE” in the Complaint, the same to be marked as Exh. “SS” hereof  – Certificate of Live Birth of
Katty Jane Xxx;

Annex “FF” in the Complaint, the same to be marked as Exh. “TT”  hereof  – Certificate of Live Birth of
Kris Jennifer Xxx;

Annex “GG” in the Complaint, the same to be marked as Exh. “UU” hereof  – Negative Certification of
Death of Luz Xxx-Xxx;
 Annex “HH” in the Complaint, the same to be marked as Exh. “VV” hereof  – Negative Certification of
Death of Serafin Xxx;

Annex “II” in the Complaint, the same to be marked as Exh. “WW” hereof  - Deed of Extrajudicial
Partition; with Deed of Absolute Sale; Waiver of  Rights; and Special Power of Attorney; dated xxx, 2012;
between the Heirs of Sps. Serafin Xxx and Heirs of Luz Xxx and   Serafin Xxx.

Annex “JJ”  in the Complaint, the same to be marked as Exh. “XX” hereof  - SPA of Josefina Xxx and Jose
Xxx, as attorneys-in-fact of the above-named “lead plaintiffs”.

46. Q – Anything else?

I hereby introduce the following additional exhibits to prove the forgery, lack of consideration, and lack
of consent of Luz Xxx Vda. De Xxx, Jose Manuel Xxx, and Josefina O. Xxx regarding the void and
simulated 1974, 1977 and 1979 deeds of sale that they executed in favor of Gregoria Xxx, to wit:

a)     Exh. “YY” – “Kasulatan Ng Sanglaan Ng Labing Dalawang (12) Puno Ng Mangga”, dated xxx 1964,
executed by Luz Xxx.

It shows the true signature of Luz Xxx.

b)     Exh. “ZZ” – “Kasulatan Ng Sanglaan”, dated xxx 1960, executed by Luz Xxx.

It shows the true signature of Luz Xxx.

c)      Exh. “AAA” – “Signature of Jose Manuel Xxx on his Catholic Cursillo prayer guide called “Gabay Ng
Manglalakbay”, c. 1980s.

d)     As to the signature of Josefina O. Xxx in the questioned 1977 deed of sale, the same was true, but she
signed it under the influence of Gregoria Xxx and without any consideration.

At that time, she had just recovered from a 6-month coma at the intensive care unit of the old xxx
Hospital, xxx City, after a serious head injury caused by a vehicular accident.

47.  Q- Anything else?

A  - Yes.

I hereby adopt into this judicial affidavit, by incorporation and reference, all the allegations and
arguments contained in our Complaint and all the supporting documents annexed thereto, the same to
form part and parcel hereof.

48. Q  - Anything else?

 A – Yes.

I hereby manifest that during the main trial of the merits of this case, we, the plaintiffs, intend to file a
motion for questioned document and handwriting examination by the National Bureau of Investigation
(NBI) of all questioned documents and signatures involved in this case, as discussed above.

I further manifest that, during the trial on the merits of this case, we intend to present
additional corroborating witnesses to prove our claims and prayers  in the Complaint.

49. Q – Why did it take you and your co-plaintiffs more than 30 years before you filed a case in court against
the defendant Xxx to assert your rights in the subject property?

A – We did not have the financial resources and the clout to launch a legal fight against the rich and
influential Xxx Family to recover the subject property.

When we sold our rights and interest in the subject property to Xxx Resort, Inc. three (3) years ago
that was the only time we acquired the necessary resources and courage to commence this action
with the support.

Furthermore, the said delay should not be taken against us.

We believe that a void and simulated contract, as in this case, is invalid ab initio and that the action to
nullify it is imprescriptible under the Civil Code and existing jurisprudence, hence, as far as we are
concerned, the defense of laches is inapplicable.

Nothing Follows.

X x x City, xxx, 2015.

IRENE A. XXX
Affiant/Co-Plaintiff

            SUBSCRIBED and sworn to before me in xxx City on xxx ____, 2015, affiant showing his/her
competent proof of identity, to wit: Comelec VIN xxx.

                                                                                                Notary Public

Doc. No. __
Page No. __
Book No. __
Series of 2015.
IV.              EXHIBITS ATTACHED TO THE JUDICIAL AFFIDAVIT.

·         Exh. “A” to Exh. “AAA”, supra.

V.                SWORN ATTESTATION OF THE LAWYER WHO CONDUCTED OR SUPERVISED THE EXAMINATION OF
THE WITNESS.

The undersigned ATTY. MANUEL J. LASERNA JR., of legal age, married, and with law office address
are Laserna Cueva-Mercader Law Offices, Unit 15, Star Arcade, C.V. Starr Ave.,  Philamlife Village, Las
Pinas City 1740, under oath, deposes and states:

1.       He is the Legal Counsel for the plaintiffs in the above-entitled case;

2.      He  faithfully  recorded  or  caused  to  be  recorded  the questions  he  asked  and  the corresponding 
answers  that  the above-named witness gave;

3.      Neither he nor any other person then present or assisting him coached the witness regarding the
latter's answers; and

4.      He conducted the examination of the witness at his law office located at Laserna Cueva-Mercader Law
Offices, Unit 15, Star Arcade, C.V. Starr Ave.,  Philamlife Village, Las Pinas City 1740.

xxx City, xxx, 2015.

                                                Atty. MANUEL J. LASERNA JR.

                                                                                    Affiant

            SUBSCRIBED and sworn to before me in xxx City on xxx _____, 2015, affiant showing his/her
competent proof of identity, to wit: SSS Member ID No. xxx.

                                                                        Notary Public

Doc. No. ___

Page No. ___
Book No. ___
Series of 2015.

Copt Furnished:

Xxx LAW OFFICES

Counsel for Defendant LEONORA XXX
xxx Floors
xxx CENTER
xxx Ave. corner xxx St.
xxx, xxx City
xxx City
                                    Reg. Rec. No.
                                    Date                                                    PO
           
Register of Deeds  of Rizal Province
Office of the Register of Deeds
Of Rizal Province
Binangonan, Rizal
                                    Reg. Rec. No.
                                    Date                                                    PO

                                                            EXPLANATION

            A copy of this Judicial Affidavit is served on the Court, the Counsel for the Defendant Leonora Xxx,
and the Register of Deeds of Rizal Province via LBC Express Corp./registered mail due to the great
distances of their respective addresses, due to the urgency of filing the same, and due to the lack of field
personnel of the undersigned counsel at this time.

                                                                                    Manuel Laserna Jr.

NOTARIAL CERTIFICATES

THE JURAT

                           SUBSCRIBED and sworn to before me, in the city/municipality of __________________,

this ___________ day of _________________, 20___________ by ___________________ with
Residence Certificate No. ________________ issued at ___________________ on ______________,
20_____.

                                                                                                      

                                                                            NOTARY PUBLIC
                                                                            My commission expires Dec. 31, 20__
                                                                            Not. Reg. No._____________________;
                                                                            Page No.________________________ ;
                                                                            Book ___________________________;
                                                                            Series of 20___________ 
ACKNOWLEDGMENT

ACKNOWLEDGMENT
(SIMPLE FORM)

REPUBLIC OF THE PHILIPPINES)

PROVINCE OF _______________ )  SS

MUNICIPALITY OF ___________)

          BEFORE ME, this ________day of ___________, 20___ in the Municipality of _____________,

Province of ____________, Philippines, personally appeared _____________________, with Residence
Certificates A No. ___________ and B No. ____________ issued at ______________, on
_________________, 20_____, respectively, and BIR Tax Identification No. __________________,
known to me to be the same person who executed the foregoing instrument, and he acknowledged to
me that the same is his free act and deed.

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

                                                                            NOTARY PUBLIC

                                                                            My commission expires Dec. 31, 20__

                                                                            Not. Reg. No.____________________;

                                                                            Page No.________________________ ;

                                                                            Book ___________________________;

                                                                            Series of 20___________

(Motion for Extension of Time to File Answer Responsive Pleading)

(CAPTION)

MOTION FOR EXTENSION OF TIME

DEFENDANT, by the undersigned counsel, and unto this Honorable Court, most respectfully states that:
1. Defendant engaged the services of undersigned counsel only on _____________;

2. Defendant was served with Summons and copy of the Complaint on _____________ and thus has
until _____________ within which to submit an Answer or Responsive Pleading;

3. However, due to the pressures of equally urgent professional work and prior commitments, the
undersigned counsel will not be able to meet the said deadline;

4. As such, undersigned counsel is constrained to request for an additional period of _____________

from today within which to submit Defendant's Answer or Responsive Pleading. Moreover, this
additional time will also allow the undersigned to interview the available witness and study this case
further;

5. This Motion is not intended for delay but solely due to the foregoing reasons.

PRAYER

WHEREFORE, Defendant most respectfully prays of this Honorable Court that he be given an additional
period of _____________ from today within which to submit an Answer or other Responsive Pleading.

Other relief just and equitable are likewise prayed for.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL

MOTION TO DISMISS

COMES NOW the Respondent, _____________ Inc., through the undersigned counsel, appearing
especially and solely for this purpose, and to this Honorable Court, most respectfully moves for the
dismissal of the Complaint on the following ground that THE HONORABLE COURT HAS NOT ACQUIRED
JURISDICTION OVER THE PERSON OF THE DEFENDING PARTY.

DISCUSSION

A cursory reading of the Summons and Return of Service would readily show that the copies of the
Summons dated 08 May 2001 and the Complaint and its corresponding annexes were allegedly
delivered and tendered upon the Movant _____________ INC. through a certain Maria Clara alleged to
be the authorized personnel of Movant _____________ INC., Bacolod City on 29 August 2001. Copies of
the said Summons and Return of Service that form part of the records on the case are hereto pleaded as
integral part of this Motion;

Said service of Summons, however, constitutes an improper service of summons amounting to lack of
jurisdiction over the person of the herein Movant Corporation _____________ INC. since the summons
was improperly served upon a person who is not one of those persons named or enumerated in Section
11, Rule 14 of the 1997 Rules of Civil Procedure upon whom service of summons shall be made;

The material provision on the service of summons provided for in Section 11 of Rule 14 of the 1997
Rules of Civil Procedure reads as follows:

"Section 11. Service upon domestic private juridical entity.- When the defendant is a corporation,
partnership or association organized under the laws of the Philippines with a juridical personality,
service may be made on the president, managing partner, general manager, corporate secretary,
treasurer, or in-house counsel" (underscoring ours)

It bears no further emphasis that the service of the summons was done on a person who is not included
in the exclusive enumeration provided for under the said Section, as service was done only on an alleged
authorized personnel of the Movant Corporation;

This new revision of the Rules of Court for the service of summon is a clear departure from the old rule
as stated in Section 13, Rule 14 of the Rules of Court which provided that:

"SECTION 13.Service upon private domestic corporation or partnership. - If the defendant is a

corporation organized under the laws of the Philippines or a partnership duly registered, service may be
made on the president, manager, secretary, cashier, agent, or any of its directors."

It must be equally noted that the changes in the new rules are substantial and not just general
semantics as the new rules restricted the service of summons on persons clearly enumerated therein. In
effect, the new provision makes it more specific and clear such that in the case of the word "manager",
it was made more precise and changed to "general manager", "secretary" to "corporate secretary", and
excluding therefrom agent and director;

The designation of persons or officers who are authorized to accept summons for a domestic
corporation or partnership is under the new rules, limited and more clearly specified, departure from
which is fatal to the validity of the service of the summons and resulting in the failure of the court to
acquire jurisdiction over the person of the respondent corporation.

PRAYER

WHEREFORE, it is respectfully prayed that the Complaint with respect to the Movant Corporation be
dismissed for lack of jurisdiction over the person of the defendant.
Other reliefs just and equitable are likewise prayed for.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL

MOTION

(TO DECLARE DEFENDANT IN DEFAULT)

Plaintiff, by counsel and unto this Honorable Court, respectfully states

1.The records of the Honorable Court show that Defendant was served with copy of the summons and
of the complaint, together with annexes thereto on _____________;

2.Upon verification however, the records show that Defendant _____________ has failed to file his
Answer within the reglementary period specified by the Rules of Court despite the service of the
summons and the complaint;

3.As such, it is respectfully prayed that Defendant _____________ be declared in default pursuant to the
Rules of Court and that the Honorable Court proceed to render judgment as the complaint may warrant.

PRAYER

WHEREFORE, it is respectfully prayed that Defendant _____________ be declared in default pursuant to

the Rules of Court and that the Honorable Court proceed to render judgment as the complaint may
warrant.

Other relief just and equitable are likewise prayed for.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)
 COPY FURNISHED:

OPPOSING COUNSEL

WAIVER, RELEASE AND QUITCLAIM

I, _____________, Filipino, of legal age, (single / married / widow), and a resident of _____________,
Philippines, after being sworn to in accordance with law, depose and state:

1. That by these presents, I hereby state that I have voluntarily resigned as __Position Held__ of
__Employer__;

2. That I hereby acknowledge to have received from my employer the sum of

__________________________ (P_____________) which is in full and final satisfaction of my salary and
other benefits that may be due me for the service which I have rendered for the latter employer;

3. That I hereby declare that I have no further claims whatsoever against my employer, its President,
members of the Board, officers or any of its staff and that I hereby release and forever discharge all of
them from any and all claims, demands, cause of action of whatever nature arising out of my
employment with the latter;

4. I further agree that this WAIVER, RELEASE AND QUITCLAIM may be pleaded in bar to any suit or
proceeding (Civil, SSS, PhilHealth, Medicare, Labor, etc.) to which either I, or my heirs and assigns, may
have against my employer in connection with my employment with the latter and that the payment
which I have received as provided herein should not in any way be construed as an admission of liability
on the part of my employer and is voluntarily accepted by me and will, if need be, serve as full and final
settlement of any amount(s) due me or any claims or cause of action, either past, present, future, which
I may have in connection with my employment with my employer;

5.As such, I finally make manifest that I have no further claim(s) or cause of action against my employer
nor against any person(s) connected with the administration and operation of the latter and forever
release the latter from any and all liability.

IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at _____________,

Philippines.

Affiant

(JURAT)

PROMISSORY NOTE

P_____________
FOR VALUE RECEIVED, I promise to pay without need of demand to the order of __Payee__, at his office
at _____________, the principal amount of PESOS: __________________________ (P_____________),
on or before _____________. In addition to the foregoing, I promise to pay monthly interest at the rate
of _____________ (_______%) percent, without need of demand, starting from the month of
_____________ until this note is fully paid.

__Date__, _____________, Philippines.

RETAINER CONTRACT

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT made and executed by and between:

__Client__, a domestic corporation duly organized and existing under and by virtue of the laws of the
Republic of the Philippines, with principal office at _____________, Philippines and represented in this
act by its __Position__, __Name of Officer__, (hereinafter referred to as the "CLIENT");

- and -

__Law Firm__, a law firm organized under and by virtue of the laws of the Republic of the Philippines as
a general professional partnership, with principal office at _____________, Philippines, and represented
in this act by its Managing Partner, __Name of Managing Partner__, (hereinafter referred to as the
"LAW FIRM"

WITNESSETH: That -

WHEREAS, the LAW FIRM has offered its professional legal services to the CLIENT and CLIENT agrees to
retain the professional legal services of the LAW FIRM under a retainership basis, subject to the terms
and conditions hereinafter stipulated:

NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein agreed
upon, the CLIENT and the LAW FIRM, by these presents, have entered, as they hereby enter, into a
contract of services whereby the LAW FIRM shall render legal services to the CLIENT, under the
following terms and conditions:

1. The term or duration of this contract shall be for one (1) year effective upon signing of this agreement
and shall automatically renewed on a year to year basis unless either party pre-terminates the same
upon serving a thirty (30) day-prior written notice to the other party, without need of cause;

2. The LAW FIRM, while in the performance of its duties, shall be entitled to a fixed monthly retainer fee
of PESOS: __________________________ (P_________);

3. The LAW FIRM shall make itself available for ready consultation by the CLIENT or its duly authorized
officers in all matters or business requiring legal advice and opinion affecting the said corporation in
general. Written opinions rendered by the LAW FIRM on matters affecting the business and operations
of the corporation shall be subject to confirmations;

4. The LAW FIRM shall render documentation and notarial services to the CLIENT as part of this
retainership. Client documents shall be notarized free of charge while documents requiring the
participation and signature of a party other than the Client shall be subject to fees or charge at the
following rates:

(Notarial Rates)

5. In case of extra-judicial foreclosure of mortgage endorsed to the LAW FIRM by the CLIENT, the
attorney's fees shall be at the rates provided as follows:

(Rates of Legal Fees on Foreclosure)

6. In collection cases other than extra-judicial foreclosure of mortgage, the attorney's fees shall be at the
rates provided as follows:

(Rates of Legal Fees for Collection Cases)

7. The LAW FIRM shall handle other cases as referred to it by the CLIENT for a fee that shall be
determined by mutual agreement of the law firm and the CLIENT, on a case to case basis, such as, but
not limited to, all suits or cases for or against the CLIENT, including officers and employees of the CLIENT
sued in their official capacity;

8. The LAW FIRM shall not compromise or settle judicially or extra-judicially any account, foreclosure
proceeding or suit wherein the CLIENT is a party, without the written consent and conformity of the
CLIENT or his duly authorized officer;

9. Routinary expenses for mailing of demand letters, pleadings to court and copies thereof to adverse
parties, costs of photocopy of evidentiary documents, payment of stenographic notes, costs of
publications of notices, as well as filing fees and other legal expenses in court and other appropriate
government offices shall be for the account of the CLIENT;

10. The LAW FIRM shall, whenever requested by the CLIENT take immediate measures to investigate the
facts and ascertain the legal position of the CLIENT concerning any accidents, claim or liability, and shall
on such cases do what may be required for the protection of the CLIENT. The LAW FIRM may represent
the CLIENT in all suits and proceedings pending or which may be pending in Bacolod City or its environs
wherein the CLIENT is a party, or its rights or interest are involve, at the direction of the CLIENT;

11. The LAW FIRM shall keep in its office a docket of record in which it shall cause to be recorded all
proceedings connected with nay action which the CLIENT is interested and shall keep such other records
necessary to preserve a complete history of the business of the CLIENT entrusted to its charge. Said
docket and records shall be subject to the inspection and control of the CLIENT or his representative;

12. The LAW FIRM shall submit to the CLIENT at least once every quarter or as often as required, written
reports on all pending matters handled by the LAW FIRM for the CLIENT;
13. The LAW FIRM, in addition to the herein enumerated services, shall well and faithfully serve the
CLIENT and shall at all times devote its whole time and attention to the assignments and tasks given
and/or entrusted to it by the CLIENT and shall do and perform all such services, acts and things
connected therewith as the CLIENT shall from time to time direct; nor shall the LAW FIRM at any time
get itself in a situation where a conflict of interest may arise between those of the CLIENT and the LAW
FIRM and/or its CLIENTS;

14. The LAW FIRM shall not, either during the term of this contract or any time thereafter, use or
disclose to any person, office, corporation or entity any confidential information concerning the affairs
of the CLIENT which he nay have acquired in the course of or as incident to this contract for its own
benefit, or to the detriment or probable detriment of the CLIENT;

15. It is understood and agreed that nothing in this contract shall be construed as establishing the
relationship of employer-employee between the CLIENT and the LAW FIRM, including its personnel;

16. Any violation of the terms and conditions of this contract by the LAW FIRM shall give the CLIENT the
option to rescind or cancel immediately the contract without necessity of judicial proceedings;

17. The CLIENT reserves the right to terminate this Agreement without need of cause or reason upon
thirty-day written notice to the LAW FIRM.

IN WITNESS WHEREOF, the parties have signed this instrument this _____________ at _____________,
Philippines.

CLIENT LAW FIRM

By: _____________By: Managing Partner

SIGNED IN THE PRESENCE OF

_________________ _________________

Sample of Complaint
Republic of the Philippines
Metropolitan Trial Court
____________
People of the Philippines Criminal Case No.
vs
Accused
x--------------------------------x
COMPLAINT
The undersigned, Chief of Police of ___________________, accuses
_______________In the municipality of ____________________, province of
_____________________________,Philippines, the said accused did then and there,
willfully, unlawfully, and feloniously, with malice and aforethought, attacked
 _______________________ with ________, wounding the latter in the
_______________, producing wounds which are necessarily fatal, thereby causing the
immediate death of said _____________________________.
Contrary to law.
____________, __________________________, 20___.
____________________________
Chief of Police of ______________
SUBSCRIBED AND SWORN before me this _____________th day of
____________ 20___________ in the province of ________________________.
________________________
JUDGE