Consolidated Report GRP 1 11

Arellano University
School of Law
COMPILATION OF LEGAL FORMS
In partial fulfillment of the requirements

for the subject:
LEGAL FORMS (SUN, 10:00-12:00PM)
Respectfully Submitted to:
Atty. Ma. Jesusa Eleanor Siquijor Magbanua
Submitted By:
GROUP 1
Inocentes, Carlo
Pre-nuptial Agreement
Lanot, Vernice
Judicial affidavit of Petitioner in case of nullity of Marriage
Avila, Gio Riley

Petition for Writ of Habeas Corpus
Fernandez, Nestor Jr.

Petition for Declaration of Absolute Nullity of Void Marriage
TABLE OF CONTENTS
I. Pre-Nuptial Agreement 3
a. Background
b. Formalities
c. Contents
d. Execution and Filing
e. Effects of Execution
f. Sample Form
g. References
II. Judicial Affidavit of Petitioner in case of Nullity of Marriage 13

a. Brief Background
b. Purpose
c. Application of the Rule
d. Contents of Judicial Affidavit
e. When to File
f. Effects of Non-compliance
g. Sample Form
III. Petition for Writ of Habeas Corpus 21

a. Meaning and Origin
b. Legal Basis
c. Purpose
d. Contents of the Petition
e. Who may file
f. When to execute the petition the Writ of Habeas Corpus
g. When and where to file
h. Effects of Execution of the Document
i. Sample Form
IV. Petition for Declaration of Absolute Nullity of Void Marriage 28
a. Legal Background: Marriage and Void Marriages under the Family Code
b. Definition and Legal Basis
c. Who May File
d. Where to File
e. When to File
f. Contents and Form of Petition
g. Sample Form
1
I. Pre-nuptial Agreement
A. Background
Pre-nuptial agreements are contracts entered into by the parties, the future
husband and wife, in relation to there marriage. This type of contract pertains to
the classification of properties of the individual parties to whom it belongs either in
the present or in the future.
Under Philippines Laws, pre-nuptial agreements are to be entered into prior

to the celebration of marriage, and the future spouses may, in the marriage
settlements, agree upon the regime of absolute community property, conjugal
partnership of gain, complete separation of property, or any other regime. While,
on the other hand, in the absence of a marriage settlement, or when the regime
agreed upon by the parties are null and void, the system of absolute community of
property shall govern.
Moreover, in conjugal partnership of gains, properties acquired by the

husband and wife before the marriage will be exclusively his or hers, but all of the
proceeds, products, fruits, and income from these properties and those acquired
by either or both spouses through efforts or by chance are put into one common
fund and considered jointly owned. Should the husband and wife part ways, this
jointly owned find will be split equally between them as provided for by the Civil
Code of the Philippines.
Also, under the conjugal partnership of gains, the husband or wife can also
dispose of their exclusive property in any way without the consent of their spouse.
Another option to which the future spouses may opt into is the complete
separation of property. Under the Civil Code of the Philippines, it provides that all
assets will remain separate throughout the marriage and in the event of a
separation.
In addition, if the husband or wife wants to dispose of their exclusive

property in any way under the complete separation of property, they can do so
without the consent of their spouse.
2
B. Formalities
Under Article 77 of the Family Code, pre-nuptial agreements shall be made

in writing, signed and executed by the parties prior to the celebration of the
marriage. Moreover, in order for the contract to binding against third parties, the
parties shall register said agreement to the local civil registry to where the marriage
contract is recorded and celebrated as well as in the proper registry of properties.
In addition, future spouses have the freedom to stipulate on how their

properties will be governed provided that the stipulations therein, just like any other
contracts governed under the Civil Code of the Philippines, shall not be void,
against public policy, law, public order, morals and customs.
Moreover, pre-nuptial agreements shall be entered into voluntarily between

the parties. The contract can, by the order of the court, be set aside if the
circumstances of fraud, coercion, mistake, undue influence or bad faith is present
as provided for by the Civil Code of the Philippines. In addition, the future spouses
shall be over 18 years of age.
3
C. Contents
In a pre-nuptial agreement, it shall include but not limited to the following:
1. A heading stating that the document is a prenuptial agreement;

2. The full names of the husband and wife;
3. The date when the document was written and signed, which should
be before the wedding;
4. A clause stating that both parties were willing participants to the
prenuptial agreement and that they understood its contents;
5. A full disclosure agreement;
6. A severability clause;
7. An arbitration or mediation clause;
8. The assets to be included in the contract;
9. The division of assets once the couple is married;
10. How debts incurred by the husband or wife will be handled;
11. How assets will be divided in the event of a separation (either
through conjugal partnership of gains or the complete separation of
property), as well as other particular conditions;
12. Actions to be taken in situations such as the death of the husband
or wife, or if either party has a child born out of wedlock
13. Acknowledgment.
4
D. Execution and Filing
The pre-nuptial agreement shall be entered into by the spouses before the
celebration of their marriage. The agreement shall not bind third parties unless the
same is registered in the local civil registry to where their marriage is celebrated
as well as in the proper registry of properties. Moreover, all changes regarding the
agreement done after the celebration of marriage shall be invalid. if such changes
were to be made after the celebration of marriage, the spouses shall file a petition
to the courts.
The filing of the pre-nuptial agreement are as follows:
1. The document shall be brought to a notary public for notarization

along all necessary documents;
2. Submission of the necessary documents for evaluation;
3. Review and approval of the documents by the City Civil Registrar;
4. Payment of fees at the Office of the City Treasurer;
5. Registration of the agreement;
6. Issuance of a Certified True Copy of the agreement;
7. Attachment of the Certified True Copy to the Marriage Certificate.
8. The registries refer to the local civil registry of the city or
municipality where the wedding was solemnized/celebrated and
to each of the registry of deeds where the couple has real and
personal properties subject of the prenuptial agreement.
Since the prenuptial agreement needs to be registered in the local civil

registry and registry of deeds to bind third persons, it follows that the prenuptial
agreement needs to be notarized by a duly commissioned notary public; otherwise,
it would not be accepted for registration by the local civil registry nor by the registry
of deeds. Also, Article 1358 of the Civil Code of the Philippines requires that
contracts which affect real rights over immovable properties need to be in a public
document.
a. Local Civil Registry
The spouses must provide a copy of the prenup to the the priest or mayor
or other solemnizing officer as provided for by the Philippines laws, so that it will
be indicated in their records for the issuance of marriage certificate that a prenup
was entered into (Article 22, Family Code of the Philippines).
In addition, the solemnizing authority shall furnish a copy of the marriage

certificate, with the prenup, to the local Civil Registry (Article 23, Family Code of
the Philippines). A copy is also sent to the spouses.
If the solemnizing authority does not register the prenup, the spouses
should submit four (4) copies of their prenup to the local civil registry. The period
5
required by the local Civil Registry to register the prenup is 15 calendar days from
the celebration of their marriage.
b. Registry of Deeds
The prenup is annotated on each of the titles to the real property subject of
the prenup. The prenup is likewise annotated on the Book of Personality of the
appropriate Registry of Deeds where personal property is located.
Since the prenuptial agreement needs to be registered in the local civil

registry and registry of deeds to bind third persons, it follows that the prenuptial
agreement needs to be notarized by a duly commissioned notary public; otherwise,
it would not be accepted for registration by the local civil registry nor by the registry
of deeds. Also, Article 1358 of the Civil Code of the Philippines requires that
contracts which affect real rights over immovable properties need to be in a public
document.
E. Effects of Execution
The pre-nuptial agreement shall be effective after the celebration of

marriage and is binding between the spouses. In addition, if the spouses shall bind
third parties, it shall be property registered.
All obligations and agreements pertaining to the pre-nuptial agreement shall

take effect after the celebration of marriage.
6
F. Sample Form
PRE-NUPTIAL AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Pre-Nuptial Agreement is executed by and between:
JUAN DELA CRUZ, of legal age and a resident of Unit 22C, Tower 2,
Two Towers Apartments, 120 M. Vicente Street, Barangay Malamig,
Mandaluyong, Metro Manila hereinafter known as the “Future Husband”;
-and-
MARIA MAKILING, of legal age and a resident of Unit 32, Flat Tower
Apartments, 110 L. P. Leviste Street, Salcedo Village, Makati, Metro Manila
hereinafter known as the “Future Wife” (collectively, the “Parties”);
WITNESSETH: That –
WHEREAS, the Parties hereto are about to enter into a contract of

marriage, scheduled to take place on 14 April 2017 at the Sanctuario de San
Antonio, Fortune Park, Makati City;
WHEREAS, the Parties hereby agree that their property relations as

future spouses shall be under the regime of COMPLETE SEPARATION OF
PROPERTY during their marriage;
WHEREAS, the Parties have made a complete and accurate

disclosure of their respective assets and liabilities;
WHEREAS, the Parties are each desirous of formalizing their

respective joint and several financial and legal rights, obligations, liabilities
and property rights arising from their marriage;
IN VIEW OF THE FOREGOING, the parties agree as follows:
PROPERTY
1. All the property, real and personal, which belongs to each of the
above Parties shall be, and shall forever remain, their personal estate,
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including all interest, rents, and profits which may accrue from said property,
and said property shall remain forever free of claim by the other;
2. The Parties shall have at all times the full right and authority, in
all respects the same as each would have if not married, to use, sell, enjoy,
manage, gift and convey all property that presently belongs to him or her;
DEBTS
3. Obligations, liabilities and debts of each future spouse shall be

entirely separate. Each Party hereby irrevocably declares that they will
indemnify, keep indemnified and hold harmless the other Party in respect of
any and all legal and financial obligations and debts incurred by that Party;
FAMILY EXPENSES
4. Each future spouse shall bare the family expenses as follows:

4.1. The rearing and education of future children that may
be begotten or that may be adopted during the marriage shall be
borne by both future spouses proportionately;
4.2. The payment of city services such as water supply

service, electric connection service, internet connection service,
and land line telephone service for their future home shall be
borne by both future spouses proportionately;
4.3. The payment of compensation for house helpers,

nannies and family drivers shall be borne by both future spouses
proportionately, provided, that both future spouses or their future
children benefit from the services of the said house helpers,
nannies and family drivers;
4.4 In connection with these expenses, the future spouses

shall undertake to have a common or joint bank deposit or
savings account wherein they shall contribute a portion of their
separate incomes for the purpose of payment for the forgoing
proportionate expenses;
DONATIONS
5. Future donations to either spouse, if any, shall pertain exclusively

to the done spouse unless otherwise specified in the Deed of Donation;
EFFECTIVITY
8
6. This AGREEMENT shall take effect upon the celebration of the
marriage.
IN WITNESS WHEREOF, the Parties hereto have signed their
names unto this document this 20th day of February 2017 in Makati City.
JUAN DELA CRUZ MARIA MAKILING

Future Husband Future Wife
Signed in the presence of
NAPOLYN P. FERNANDEZ FREDERICK I. BARCELON
ACKNOWLEDGEMENT
Republic of the Philippines)

City of Makati ) S.S.
BEFORE ME, a Notary Public for and in the City of Makati, Philippines,
on this 20th day of February 2017, personally appeared the following:
Name Competent Evidence of Identity Date/Place of Issue

JUAN DELA CRUZ PRC ID No. 12345678 01-13-16/Manila
MARIA MAKILING PRC ID No. 32165487 02-15-16/Manila
known to me and to me known to be the same persons who executed the

foregoing instrument and they acknowledge to me that the same is their own
free and voluntary act and deed.
WITNESS MY HAND AND SEAL on the date and place above written.
Doc. No. 477; ABEGAIL P. GUARDIAN

Page No. 14; Notary Public for Makati
Book No. 31; Until December 31, 2017
Series of 2017. 165 Antel Building Valero St. Makati City
Roll of Attorneys No. 23587
IBP No. 822274; 02-01-17
PTR No. 3545692; 02-01-17
9
MCLE No. 001919; 06-05-16
Commission Serial No. 23
10
G. References
The Daily Tribune 05 November 2018

https://divinalaw.com/prenups-hold-much/
Atty. Maria Clara B. Tankeh-Asuncion: Pre-Nuptial Agreements in the Philippines

https://www.iafl.com/media/1162/prenuptial_agreements_in_the_philippines.pdf
Atty. Lifrendo Gonzales: Pre-nuptial agreements in the Philippines

https://www.hg.org/legal-articles/pre-nuptial-agreement-in-the-philippines-28747
Atty. Nilo Divina 09 November 2018 Prenups: To have and hold
https://tribune.net.ph/index.php/2018/11/09/prenups-to-have-and-hold/
Domingo, Munsayac and Associates16 December 2012 Registration of Prenuptial

agreements in the Philippines
https://domingo-law.com/sample-post/
Family Code of the Philippines

Art. 22
Art. 23
Art. 75
Art. 77
Civil Code of the Philippines

Art. 16
Art. 1305
Art. 1315
Art. 1318
Art. 1330
Art. 1358
11
II. Judicial Affidavit of Petitioner in case of Nullity of Marriage

A. Brief Background
In order to decongest dockets with the huge volume of cases filed each year in
most of our courts and at the same time to reduce the time needed for completing the
testimonies of witnesses, the Supreme Court, promulgated A.M. No. 12-8-8-SC,
otherwise known as the “Judicial Affidavit Rule”. The Rule took effect on January 1, 2013.
Also, it shall apply to existing cases. The judicial affidavits of witness shall take the place
of direct testimonies. Therefore, the rule modifies the existing practice in the conduct of a
trial and reception of evidence by doing away with the usual oral examination of a witness
in a direct examination.
B. Purpose
To decongest the courts of cases and to reduce delay in the disposition of cases.
C. Application of the Rule
As provided in Judicial Affidavit Rule, the following provisions must be applied:
Section 1. Scope. - (a) This Rule shall apply to all actions, proceedings, and
incidents requiring the reception of evidence before:
(1) The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the
Municipal Trial Courts, the Municipal Circuit Trial Courts, and the Shari' a
Circuit Courts but shall not apply to small claims cases under A.M. 08-8-7-
SC;
(2) The Regional Trial Courts and the Shari'a District Courts;
(3) The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals, and
the Shari'a Appellate Courts;
(4) The investigating officers and bodies authorized by the Supreme Court to
receive evidence, including the Integrated Bar of the Philippine (IBP); and
(5) The special courts and quasi-judicial bodies, whose rules of procedure are
subject to disapproval of the Supreme Court, insofar as their existing rules of
procedure contravene the provisions of this Rule.
Section 9. Application of rule to criminal actions. - (a) This rule shall apply
to all criminal actions:
(1) Where the maximum of the imposable penalty does not exceed six
years;
12
(2) Where the accused agrees to the use of judicial affidavits, irrespective
of the penalty involved; or
(3) With respect to the civil aspect of the actions, whatever the penalties
involved are.
D. Contents of Judicial Affidavit

Section 3. Contents of Judicial Affidavit. - A judicial affidavit shall be
prepared in the language known to the witness and, if not in English or Filipino,
accompanied by a translation in English or Filipino, and shall contain the following:
(a) The name, age, residence or business address, and occupation of the
witness;
(b) The name and address of the lawyer who conducts or supervises the
examination of the witness and the place where the examination is being
held;
(c) A statement that the witness is answering the questions asked of him,
fully conscious that he does so under oath, and that he may face criminal
liability for false testimony or perjury;
(d) Questions asked of the witness and his corresponding answers,

consecutively numbered, that:
(1) Show the circumstances under which the witness acquired the
facts upon which he testifies;
(2) Elicit from him those facts which are relevant to the issues that
the case presents; and
(3) Identify the attached documentary and object evidence and
establish their authenticity in accordance with the Rules of Court;
(e) The signature of the witness over his printed name; and
(f) A jurat with the signature of the notary public who administers the oath
or an officer who is authorized by law to administer the same.
Section 4. Sworn attestation of the lawyer. –
(a) The judicial affidavit shall contain a sworn attestation at the end, executed
by the lawyer who conducted or supervised the examination of the witness,
to the effect that:
(1) He faithfully recorded or caused to be recorded the questions he asked

and the corresponding answers that the witness gave; and
13
(2) Neither he nor any other person then present or assisting him coached
the witness regarding the latter's answers.
(b) A false attestation shall subject the lawyer mentioned to disciplinary action,
including disbarment.
E. When to file
Judicial Affidavit must be file in conformity of the following provisions of the Judicial
Affidavit Rule:
Section 2. Submission of Judicial Affidavits and Exhibits in lieu of direct

testimonies. –
(a) The parties shall file with the court and serve on the adverse party,
personally or by licensed courier service, not later than five days before pre-
trial or preliminary conference or the scheduled hearing with respect to
motions and incidents, the following:
(1) The judicial affidavits of their witnesses, which shall take the place of
such witnesses' direct testimonies; and
(2) The parties' documentary or object evidence, if any, which shall be

attached to the judicial affidavits and marked as Exhibits A, B, C, and so
on in the case of the complainant or the plaintiff, and as Exhibits 1, 2, 3,
and so on in the case of the respondent or the defendant.
(b) Should a party or a witness desire to keep the original document or object
evidence in his possession, he may, after the same has been identified, marked
as exhibit, and authenticated, warrant in his judicial affidavit that the copy or
reproduction attached to such affidavit is a faithful copy or reproduction of that
original. In addition, the party or witness shall bring the original document or
object evidence for comparison during the preliminary conference with the
attached copy, reproduction, or pictures, failing which the latter shall not be
admitted.
This is without prejudice to the introduction of secondary evidence in place of

the original when allowed by existing rules.
In criminal case
The prosecution shall submit the judicial affidavits of its witnesses not later
than five days before the pre-trial, serving copies if the same upon the accused.
The complainant or public prosecutor shall attach to the affidavits such
documentary or object evidence as he may have, marking them as Exhibits A, B,
C, and so on. No further judicial affidavit, documentary, or object evidence shall be
admitted at the trial.
14
If the accused desires to be heard on his defense after receipt of the judicial
affidavits of the prosecution, he shall have the option to submit his judicial affidavit
as well as those of his witnesses to the court within ten days from receipt of such
affidavits and serve a copy of each on the public and private prosecutor, including
his documentary and object evidence previously marked as Exhibits 1, 2, 3, and
so on. These affidavits shall serve as direct testimonies of the accused and his
witnesses when they appear before the court to testify.
F. Effect of Non- Compliance
Judicial Affidavit Rule, also provide for the effect of Non-Compliance, which states
that:
Section 10. Effect of non-compliance with the judicial Affidavit Rule. - (a) A
party who fails to submit the required judicial affidavits and exhibits on time
shall be deemed to have waived their submission. The court may, however,
allow only once the late submission of the same provided, the delay is for a
valid reason, would not unduly prejudice the opposing party, and the defaulting
party pays a fine of not less than P 1,000.00 nor more than P 5,000.00 at the
discretion of the court.
(b) The court shall not consider the affidavit of any witness who fails to appear
at the scheduled hearing of the case as required. Counsel who fails to appear
without valid cause despite notice shall be deemed to have waived his client's
right to confront by cross-examination the witnesses there present.
(c) The court shall not admit as evidence judicial affidavits that do not conform
to the content requirements of Section 3 and the attestation requirement of
Section 4 above. The court may, however, allow only once the subsequent
submission of the compliant replacement affidavits before the hearing or trial
provided the delay is for a valid reason and would not unduly prejudice the
opposing party and provided further, that public or private counsel responsible
for their preparation and submission pays a fine of not less than P 1,000.00 nor
more than P 5,000.00, at the discretion of the court.
15
G. Sample Form
REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
PASIG CITY
Branch No. 264
JOHN DELA CRUZ,

Petitioner,
CIVIL CASE NO. 364678

-versus- For: Declaration of Nullity of Marriage
MARIA REYES-DELA CRUZ,

Respondent.
x---------------------------------------------x
JUDICIAL AFFIDAVIT
I, John Dela Cruz, 35 years of age, married, Filipino, with

address at 20 San Juan St., Brgy. Kapitolyo, Pasig City, after having
been duly sworn to in accordance with law, do hereby depose and
state:
PRELIMINARY STATEMENT
That in accordance with A.M. No. 12-8-8-SC, which

prescribes the use of judicial affidavits to serve as the direct
examination testimony of the witness, on the basis of which the
adverse party may conduct their cross-examination on such a
witness, I hereby execute this judicial affidavit in a question and
answer format;
That conformably with section 3 (b) of the said A.M. No. 12-8-
8-SC, I also state that it was Atty. Mark Mendoza, counsel of John
Dela Cruz who conducted the examination of the undersigned
affiant;
That conformably also with section 3 (c) thereof, I hereby state

under the pain of perjury that in answering the questions asked of
me, as appearing herein below, I am fully conscious that I did so
under oath, and that I may face criminal liabilities for false testimony
or perjury;
AND UNDER OATH, AVERS THE FOLLOWING:

1. Q: Please state your name and other personal circumstances
for the record.
A: I am John Dela Cruz, of legal age, Filipino, married and a
resident of 20 San Juan St., Brgy. Kapitolyo, Pasig City.
2. Q. Are you the same John Dela Cruz, the petitioner, in this
case?
A. Yes sir.
16
3. Q. Do you know a certain Maria Reyes-Dela Cruz?
A. Yes sir. She is the woman I married.
4. Q. Are you still cohabiting with Maria?

A. No, we have been living separately for 10 years now since
she left for Germany in 2010.
5. Q. Do you have a proof of your marriage with Maria?

A. Yes sir, I have a PSA Certified marriage contract as my
Exhibit "A".
6. Q. Did you have children with Maria?

A. Yes, we have no children.
7. Q. What is the reason for your separation?

A. After four months from our marriage, she decided to work in
Germany. During the first two month, our long-distance relationship
was anything but agreeable and harmonious. Also, in able for me to
follow her in Germany, I went back to school and studied hard to
finish my course, however on the fifth month, due to my busy
schedule dealing with my school works I seldom answer her call and
messages. Later, not a single day pass without the respondent
nagging and quarrelling with me on petty issues. Our arguments
became more provocative and petty issues had gone worst. On her
eight months in Germany, she stopped from communicating with
me,
8. Q. What did you do when the respondent stopped from

communicating with you?
A. To save our relationship from going chaotic, I tried my best
to get in touch with the respondent and I exerted efforts to contact
her but to no avail considering that no one from her relatives would
want to give any information about her or her new contact number
and the respondent blocked me in her Facebook account and other
means of communication in social media.
9. Q. What else happened if any?

A. Sometime in January 2012, after two in Germany without
communication, respondent returned to the Philippines for a
vacation. I took the chance to see and talk to her but the respondent
refused. She told me through a text message that we have nothing
to talk about because she was done with me. Since that time, I have
never been able to see and talk to respondent and no longer hear
any news or words about her.
10. Q. Prior to filing of this case, have you consulted a clinical

psychologist in order to determine the root cause of the downfall of
your marriage with respondent?
A. Yes, Sir. I have the original copy of Psychological
Evaluation Report done by Dr. Mario Garcia. I am attaching it as my
Exhibit “B”.
11. Q. Have you acquired any real property during your marriage?
A. None Sir.
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12. Q. Did you have a pre-nuptial agreement with the respondent
regarding your properties?
A: None sir.
13. Q: What are you asking this Court with respect to this case?
A: I am praying that the Honorable Court would grant my
petition for Declaration of Nullity of my marriage with Maria Reyes-
Dela Cruz on the ground that our marriage is void ab initio for her
being psychologically incapacitated.
-----END OF STATEMENT----
IN WITNESS WHEREOF, I have hereunto set my hand this

th
7 day of February 2020, in Pasig City.
John Dela Cruz

Affiant
th
SUBSCRIBED AND SWORN TO BEFORE ME this 7 day of
February 2020, in Pasig City. Affiant exhibited to me his SSS ID no.
35-364678-3 with his photograph and signature.
ATTY. CARMEL OCAMPO

NOTARY PUBLIC
Address:
Commission expires
Roll of Attorneys no.
IBP No.
PTR no.
MCLE Compliance
Email/Contact no.
Doc no. ___;

Page no.___;
Book no.___;
Series of 2020.
COUNSEL’S ATTESTATION
[Pursuant to Sec. 4 A.M. NO. 12-8-8-SC
JUDICIAL AFFIDAVIT RULE]
I, MARK MENDOZA, Counsel for petitioner in the above-entitled

case, being the lawyer who conducted the examination of the above-
named petitioner as witness, as embodied in the foregoing judicial
affidavit, hereby attest:
1. That I faithfully recorded the questions I asked and the

corresponding answers that the witness gave;
2. That neither I nor any other person then present or assisting

me coached the witness regarding the latter’s answers.
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IN WITNESS WHEREOF, I have hereunto set my hand this 7th day
of February 2020, in Pasig City.
ATTY.MARK MENDOZA
Affiant
th
SUBSCRIBED AND SWORN TO BEFORE ME this 7 day of
February 2020, in Pasig City. Affiant exhibited to me his IBP
Identification Card with his photograph and signature.
ATTY. CARMEL OCAMPO

NOTARY PUBLIC
Address:
Commission expires
Roll of Attorneys no.
IBP No.
PTR no.
MCLE Compliance
Email/Contact no.
19
III. Petition for Writ of Habeas Corpus
A. Meaning and Origin.
Habeas corpus means “having it brought” plus “body”. It inquires into the legality
of the detention of a person. It is a writ or order requiring that a prisoner be brought before
a judge or into court to decide whether he is being held lawfully. It is said that the writ of
habeas corpus originated from Medieval English common law.
B. Legal basis.
Under Article 3, Section 15 of the Constitution of the Philippines states that "The
privilege of the writ of habeas corpus shall not be suspended except in cases of invasion
or rebellion when the public safety requires it".
Rule 102 of the Rules of Court lays down the applicability and requisites that needs
to be met in filing a petition for a Writ of Habeas Corpus. Section 1 of Rule 102 of the
Rules of Court enumerates the instances as to what cases habeas corpus extends to.
These are:
1. All cases of illegal confinement of detention;
2. by which any person is deprived of his liberty, or;
3. by which the rightful custody of any person is withheld from the person entitled
thereto.
C. Purpose.
The main purpose of the writ is to relieve a person from unlawful restraint.
Specifically, it is a relief that is prayed for in cases wherein illegal confinement or
detention. It is also used to liberate those who may be imprisoned without sufficient cause
and to deliver them from such unlawful custody.
In the case of Velasco v. CA the Supreme Court defined the Writ of Habeas Corpus
as a writ of inquiry that is granted to test the right under which a person is detained.
In Sombong v. CA the Supreme Court explained that a Writ of Habeas Corpus is
a remedy to determine whether the person under detention is held under lawful authority.
In the case of Caballes v. CA the Supreme Court gave a more detailed explanation
as to what the Writ of Habeas Corpus really is. According to the court Habeas corpus is
a summary remedy. It is analogous to a proceeding in rem when instituted for the sole
purpose of having the person of restraint presented before the judge in order that the
cause of his detention may be inquired into and his statements final.The writ of habeas
corpus does not act upon the prisoner who seeks relief, but upon the person who holds
him in what is alleged to be the unlawful authority.Hence, the only parties before the court
are the petitioner (prisoner) and the person holding the petitioner in custody, and the only
question to be resolved is whether the custodian has authority to deprive the petitioner of
his liberty
D. Contents of the petition.
20
a. That the person in whose behalf the application is made is imprisoned or restrained
of his liberty;
b. The officer or name of the person by whom he is so imprisoned or restrained;
c. The place where he is so imprisoned or restrained, if known;
d. Copy of the commitment or cause of detention of such person. If it can be procured
without any
e. legal authority, such fact shall appear. (Sec. 3)
Contents of the Return.
a. Whether he has or has not the party in his custody or power, or under restraint;
b. If the party is in his custody or power, or under restraint -- the authority and the
true and whole cause thereof, with a copy of the writ, order, execution, or other
processes upon which the party is held
c. If the party, etc., and is not produced – nature and gravity of sickness or infirmity
d. If the party was in his custody, etc. and has transferred such custody or restraint
to another to whom, at what time, for what cause and by what authority such
transfer was made. (Sec. 10)
E. Who may file.
A petition for a writ of habeas corpus may be filed in behalf of the person to whom
the writ is prayed for. The parties to a Writ of habeas corpus are the person that is alleged
to have custody over the person to whom the relief is prayed for and the person to whom
the relief is prayed for.
F. When to execute the Writ of Habeas Corpus.
As mentioned in Section 1 of Rule 102 of the Rules of Court. A Writ of Habeas

Corpus extends in:
1. Cases of illegal confinement or detention by which a person is deprived
of his liberty; and
2. Cases by which the rightful custody of the person is withheld from the
person entitled thereto.
However, a Writ of Habeas Corpus is not proper when:
1. asserting or vindicating denial of right to bail (Enrile vs. Salazar, 186 SCRA 217
[1990]);
2. For correcting errors in appreciation of facts and/or in the application of law. It
is not a writ of error. (Sotto vs. Director of Prisons, May 30, 1962).
A Writ of Habeas Corpus is also disallowed or discharge authorized when:

a. When the person alleged to be restrained of his liberty is in the custody of an
officer
a. under process issued by a court or judge or
b. by virtue of a judgment or order of a court of record and
21
c. the court or judge had jurisdiction to issue the process, render the
judgment or make the order
b. When a person is
a. charged with or
b. convicted of an offense or
c. suffering imprisonment under lawful judgment
G. When and where to file.
A petition for a Writ of Habeas Corpus may be filed with the Regional Trial Court
where the detainee is detained or with the Family Court of the province or city where the
petitioner resides or where the minor maybe found in cases of Writ of Habeas Corpus in
relation to custody of minors.
The Supreme Court and the Court of Appeals also has concurrent jurisdiction to
issue writs of habeas corpus however, in such instances wherein if the writ is filed with
either the Supreme Court or the Court of Appeals, the Writ of Habeas Corpus may be
enforced anywhere in the country.
The Sandiganbayan may also issue writs of habeas corpus only if it is in aid of its
appellate jurisdiction (P.D. 1606, as amended by R.A. 8249, Section 4.)
The MTC by virtue of special jurisdiction under B.P. Blg. 129 in cases where there
is no available RTC judge.
A petition for a Writ of Habeas Corpus may be filed on any day and at any time as
provided for under Section 2 of Rule 102 of the Rules of Court.
H. Effects of the execution of the document.
Section 5 of Rule 102 of the Rules of court states that “a court or judge authorized
to grant the writ must, when a petition therefor is presented and it appears that the writ
ought to issue, grant the same forthwith, and immediately thereupon the clerk of the court
shall issue the writ under the seal of the court; or in case of emergency, the judge may
issue the writ under his own hand, and may depute any officer or person to serve it.”
As stated in Section 6 of Rule 102 of the Rules of Court if in case such
imprisonment of restraint is by an officer such writ will be directed to him, and if in case
imprisonment or restraint is by a person and not an officer. The writ shall be directed to
an officer which shall command him to take and have the body of the person restrained
before the court or judge designated.
Sec. 7 of Rule 102 of the Rules of Court instructs the manner as to how the service
of such writ is made. Which states that “Service of the writ shall be made by leaving the
original with the person to whom it is directed and preserving a copy on which to make
return of service. If that person cannot be found, or has not the prisoner in custody then
the service shall be made on any person having or exercising such custody.”
The person to whom the writ is directed will then file a return which state therein,
and in other cases the person in whose custody the prisoner is found shall state, in writing
to the court or judge before whom the writ is returnable, plainly and unequivocally.
22
When court is satisfied that prisoner does not desire to appeal, the prisoner shall
be forthwith released (Sec. 15, Rule 102). Period to appeal – within 48 hours from notice
of judgment or final order appealed from (A.M.N. 01-1-03-SC, July 19, 2001).
23
G. Sample Form
Republic of the Philippines
Fourth Judicial Region
Regional Trial Court
Branch XVI
Cavite City
MICHELLE A. VALE CRUZ

Petitioner,
Special Proceeding No. 14344

IN RE: PETITION FOR HABEAS
CORPUS OF THE MINOR
AVELINE OLIVES
LANZ AIDAN L. OLIVES

Respondent.
x-------------------------------x
PETITION
PETITIONER, by counsel, respectfully submits that:
1. Petitioner is the mother of the minor Aveline Olives who was born out of the
valid marriage between petitioner and respondent Lanz Aidan L. Olives;
2. The petitioner and respondent have been separated de facto since 2014;
3. The minor has been living with the petitioner in the house of the latter’s
mother and the minor’s maternal grandmother since the petitioner and the
respondent separated;
4. Sometime in January 2016, the respondent, unknown to the petitioner, went

to the house where the minor was residing and abducted the latter and has kept
her incommunicado and out of petitioner’s reach;
24
5. Being below seven (7) years of age, custody of the minor is naturally
presumed to belong to the petitioner, as her mother. Consequently,
respondent’s refusal to allow petitioner to regain custody over the minor is
unlawful and unjustified.
WHEREFORE, petitioner respectfully prays that a Writ of Habeas Corpus be

issued directing respondent to make a return showing his legal authority to detain
the minor child, subject of this petition, and thereafter, present the minor child
personally before the Court on a date and time it chooses.
Cavite City, Philippines, April 21, 2016.
ATTY. GRACE MARIELLE CRUZ

Counsel for Petitioner
Cruz & Associates Law Firm
117 Gamboa St., San Lorenzo, Cavite City
25
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

(City of Cavite ) S.S.
I, MICHELLE A. VALE CRUZ, of legal age, after having been duly sworn
in accordance with law, depose and state that:
1. I am the petitioner in the above-stated case;
2. I caused the preparation of the foregoing petition;
3. I have read the contents thereof and the facts stated therein are true and correct of
my personal knowledge and/or on the basis of copies of documents and records in
my possession;
4. I have not commenced any other action or proceeding involving the same issue in
the Supreme Court, the Court of Appeals, or any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding is pending

in the Supreme Court, the Court of Appeals, or any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other tribunal or
agency, I undertake to report that fact within five (5) days therefrom to this
Honorable Court.
Cavite City, Philippines, April 21, 2016
__________________
Michelle A. Vale Cruz
26
IV. Petition for Declaration of Absolute Nullity of Void Marriage
A. Legal Background: Marriage and Void Marriages under the Family Code
Marriage, Definition under the Family Code
Article I of The Family Code defines “Marriage” as a special contract of the

permanent union between a man and a woman entered into in accordance with law for
the establishment of conjugal and family life. It is the foundation of the family and an
inviolable social institution whose nature, consequences, and incidents are governed by
law and not subject to stipulation, except that marriage settlements may fix the property
relations during the marriage within the limits provided by this Code.”
Void Marriages
Article 35 of The Family Code provides: “The following marriages shall be void from the
beginning:
(1) Those contracted by any party below eighteen years of age with the consent of
parents or guardians;
(2) Those solemnized by any person not legally authorized to perform marriages
unless such marriages were contracted with either or both parties believing in good
faith that the solemnizing officer had the legal authority to do so;
(3) Those solemnized without a license, except those covered by the preceding
Chapter;
(4) Those bigamous or polygamous marriages not falling under Article 41;
(5) Those contracted through mistake of one contracting party as to the identity of the
other; and
(6) Those subsequent marriages that are void under Article 53.”
Art. 36. A marriage contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations of marriage,
shall likewise be void even if such incapacity becomes manifest only after its
solemnization. (As amended by Executive Order 227)
Art. 37. Marriages between the following are incestuous and void from the beginning,
whether relationship between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree; and

(2) Between brothers and sisters, whether of the full or half blood. (81a)
Art. 38. The following marriages shall be void from the beginning for reasons of public
policy:
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the

fourth civil degree;
27
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed that
other person's spouse, or his or her own spouse.
Art. 41. A marriage contracted by any person during subsistence of a previous marriage
shall be null and void, unless before the celebration of the subsequent marriage, the prior
spouse had been absent for four consecutive years and the spouse present has a well-
founded belief that the absent spouse was already dead. In case of disappearance where
there is danger of death under the circumstances set forth in the provisions of Article 391
of the Civil Code, an absence of only two years shall be sufficient.
Art. 52. The judgment of annulment or of absolute nullity of the marriage, the partition and
distribution of the properties of the spouses and the delivery of the children's presumptive
legitime shall be recorded in the appropriate civil registry and registries of property;
otherwise, the same shall not affect third persons. (n)
Art. 53. Either of the former spouses may marry again after compliance with the
requirements of the immediately preceding Article; otherwise, the subsequent marriage
shall be null and void.
B. Definition and Legal Basis

A petition to declare the marriage void presupposes that the marriage was void or
invalid from the beginning. In other words, it is a declaration that the supposed marriage
never happened.
As explained in the case of Castillo vs Castillo (G.R. No. 189607, April 18, 2016 ), “A
judicial declaration of absolute nullity of marriage is now expressly required where the
nullity of a previous marriage is invoked for purposes of contracting a second marriage
(citing Article 38 of the Family Code). A second marriage contracted prior to the issuance
of this declaration of nullity is thus considered bigamous and void.”
C. Governing Rules
Administrative Matter No. 02-11-10-SC or the RULE ON DECLARATION OF

ABSOLUTE NULLITY OF VOID MARIAGES AND ANNULMENT OF VOIDABLE
MARRIAGES promulgated by the Supreme Court which took effect on March 15, 2003
governs petitions pe for declaration of absolute nullity of void marriages and annulment
of voidable marriages under the Family Code of the Philippines. The Rules of Court shall
apply suppletory.
D. Who May File
28
Section 2 (a) of A.M. 02-11-10-SC provides:
(a) Who may file. - A petition for declaration of absolute nullity of void marriage
may be filed solely by the husband or the wife.
The case of Enrico vs Heirs of Sps. Medinaceli (G.R. No. 173614, September 28,
2007) further elaborates on Section 2 (a): The Rationale of the Rules on Annulment of
Voidable Marriages and Declaration of Absolute Nullity of Void Marriages, Legal
Separation and Provisional Orders explicates on Section 2(a) in the following manner,
viz:
1. Only an aggrieved or injured spouse may file petitions for annulment of voidable
marriages and declaration of absolute nullity of void marriages. Such petitions cannot be
filed by the compulsory or intestate heirs of the spouses or by the State. [Section 2;
Section 3, paragraph a]
E. Where to File
Section 4 of A.M. 02-11-10-SC provides:

“The petition shall be filed in the Family Court of the province or city where the
petitioner or the respondent has been residing for at least six months prior to the date of
filing, or in the case of a non-resident respondent, where he may be found in the
Philippines at the election of the petitioner.”
F. When to File
Section 2 (c) of A.M. 02-11-10-SC provides: (c) Imperceptibility of action or

defense. - An Action or defense for the declaration of absolute nullity of void marriage
shall not prescribe.
This rule is consistent with Article 39 of the Family Code which provides that: “Art.
39. The action or defense for the declaration of absolute nullity shall not prescribe.
However, in case of marriage celebrated before the effectivity of this Code and falling
under Article 36, such action or defense shall prescribe in ten years after this Code shall
take effect. (As amended by Executive Order 227)”
G. Contents and Form of Petition
Section 5 of A.M. 02-11-10-SC provides:
(1) The petition shall allege the complete facts constituting the cause of action.
(2) it shall state the names and ages of the common children of the parties and specify
the regime governing their property relations, as well as the properties involved.
If there is no adequate provision in a written agreement between the parties, the

petitioner may apply for a provisional order for spousal support, custody and support of
29
common children, visitation rights, administration of community or conjugal property, and
other matters similarly requiring urgent action.
(3) it must be verified and accompanied by a certification against forum shopping. The
verification and certification must be signed personally by me petitioner. No petition may
be filed solely by counsel or through an attorney-in-fact.
If the petitioner is in a foreign country, the verification and certification against forum
shopping shall be authenticated by the duly authorized officer of the Philippine embassy
or legation, consul general, consul or vice-consul or consular agent in said country.
(4) it shall be filed in six copies. The petitioner shall serve a copy of the petition on the
Office of the Solicitor General and the Office of the City or Provincial Prosecutor, within
five days from the date of its filing and submit to the court proof of such service within the
same period.
Failure to comply with any of the preceding requirements may be a ground for
immediate dismissal of the petition.
30
H. Sample Form
SAN JUAN CITY, Branch 11
JUANA ISABELA CRUZ SAN JUAN,

Petitioner JDRC Case No._____________
For: Declaration of Nullity of
Marriage
-versus-
VICENTE SAN JUAN, JR.

Respondent
X-----------------------------------------------X
PETITION
Petitioner, JUANA ISABELA CRUZ SAN JUAN, by counsel, respectfully alleges:
(1) Petitioner and defendant are both of legal age, married and resident of Brgy.
1234, San Juan City, where they may be served with legal processes.
(2) On March 15, 2007, petitioner and defendant were married in a civil ceremony as
shown in the marriage contract, copy of which is attached hereto and made part
hereof as Annex “A”.
(3) At the time of marriage, respondent, unknown to the petitioner, had another wife
living and was thus legally married to MA. CHRISTINA VILLEGAS SAN JUAN.
(4) At the time of marriage to petitioner, respondent’s former marriage was in full
force and effect. But the petitioner had no knowledge or notice of respondent’s
prior marriage when the petitioner contracted marriage with respondent.
(5) The petitioner and respondent have one (1) common child, named, JUSTINE
CRUZ SAN JUAN, six (6) years of age. A copy of his Certificate of Birth is
attached hereto and made part of hereof as Annex “B”.
31
(6) The petitioner and respondent adopted the absolute community of property
regime and have accumulated the following properties:
a.) House and Lot amounting to Php 5,000,000, more or less, located at Brgy.
1234, San Juan City
b.) A sports utility vehicle, Toyota Fortuner, amounting to Php 1,500,000, more or
less, in our common possession at Brgy. 1234, San Juan City.
c.) Savings Account amounting to Php 1,200,000.00, more or less, deposited at
BPI San Juan City Branch.
WHEREFORE, it is respectfully prayed that:
(1) A decree of annulment be entered in this action declaring the marriage between
petitioner and respondent to be null and void.
(2) An order be issued commanding the Local Civil Registrar of San Juan City to
cancel said marriage from the book of marriages and order the marriage between
the petitioner and respondent to be of no further legal effect.
(3) Petitioner be granted such other and further relief as the court may deem proper.
NESTOR T. FERNANDEZ, JR.

Shine Residences, Meralco Ave.,
Brgy. Ugong, Pasig City
PTR No. 6346588, 01-25-20, Manila
IBP No. 737133, 01-10-20, Pasig City
Attorney’s Roll No. 31018
MCLE No.:II-00130
32
VERIFICATIONAND CERTIFICATION AGAINST NON-FORUM SHOPPING
I, JUANA ISABELA CRUZ SAN JUAN, of legal age, residing at Brgy. 1234, San Juan
City, after having sworn to by law hereby depose and state under oath that:
1. I have ceased the preparation of the foregoing Petition;
2. The allegations contained herein are true and correct of my own knowledge;
3. I have not commenced any other action or proceedings involving the same issues in
the Supreme Court, the Court of Appeals, or any other tribunal or agency; to the best
of my knowledge, no such action or proceeding is pending in the Supreme Court, the
Court of Appeals, or different Divisions thereof, or any other tribunal or agency; and
that, if I should learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals or different Division thereof, or any
other tribunal or agency. I undertake to promptly inform this Honorable Court within
five (5) days therefrom.
In witness whereof, I have hereunto signed this Verification this 25th day of January 2020,
in Makati City, Philippines.
JUANA ISABELA CRUZ SAN JUAN

Affiant
SUBSCRIBED AND SWORN TO before me this 25th day of July 2020 at Makati City
affiant exhibiting to me her Community Tax Certificate No. 11986199 issued on 8 January
2020 in San Juan City.
MYKA T. ORBIN
Doc. No. ____; NOTARY PUBLIC
Page No. ____; Until December 31, 2020
Book No. ____; PTR No. 458795, 01-25-20, Manila
Series of 2020 IBP No. 685243, 01-10-20, Makati City
MCLE No.:II-00130
33
EXPLANATION FOR SERVICE BY REGISTERED MAIL
[Pursuant to Section 11, Rule 13 of the 1997 Revised Rules of Court]
PETITIONER, by counsel, submits that the foregoing Petition is being served to

the adverse party by registered mail due to lack of time and owing to heavy workload of
the liaison officer of the undersigned lawyer.
NESTOR T. FERNANDEZ, JR.
Copy Furnished:
CREDO NUBLA FRANCISCO AND JOSE

Counsel for Respondent
CVCLAW Center 11th Avenue cor. 39th Street Bonifacio Triangle,
Bonifacio Global City, Taguig City, Metro Manila
34
Arellano University
School of Law

for the subject:
Submitted By:
GROUP 2
Anyog, Rona Graziela Pauline B.

Complaint for Legal Separation
Cagalingan, Samuel S.
Petition of Annulment of Marriage of a Voidable Marriage
Tanay, Jodyne Liz B.

Petition for Correction of Entries
Salazar, Christian Louie B.

Petition for Change of Name
35
Table of Contents
I. Complaint for Legal Separation …………………………………………….. 3
a. Legal Basis/Laws Applicable

b. Purpose
c. Contents/Parts
d. Parties Who May File
e. When to Execute
f. When and Where to File
g. Effects of the Execution of the Complaint
h. Sample of a Complaint for Legal Separation
II. Petition of Annulment of Marriage of a Voidable Marriage ………………11

b. Purpose
c. Contents/Parts
d. Who May File and Filing Period
e. Where to File
f. Effects of the Execution of the Petition
g. Sample of a Petition of Annulment of Marriage of a Voidable Marriage
III. Petition for Correction of Entries …………………………………………… 16

b. Purpose
c. Who May File the Petition
d. Where to File the Petition
e. Form and Contents of the Petition
f. Parties
g. Where to File the Petition
h. Entries Subject to Cancellation or Correction
i. Form and Contents of the Petition
j. Effects of the Execution of the Petition
k. Sample of a Petition for Correction of Entries
IV. Petition for Change of Name …………………………………………..…….. 28

b. Purpose
c. Contents/Parts
d. Parties
e. When to Execute
f. When and Where to File
g. Effects of the Execution of the Petition
h. Sample of a Complaint for Legal Separation
36
I. Complaint for Legal Separation
✔Legal Basis/Laws Applicable
Proposed Rules on Legal Separation: A. M. NO. 02-11-11-SC (March 15, 2003)

Family Code, Title II on Legal Separation
✔Purpose
Legal Separation, although it doesn’t severe the marital bond between the parties,
is often sought by spouses to legally sever their properties especially the innocent spouse
from the erring spouse. In Legal Separation, the spouses are entitled to live separately,
hence, their obligation of mutual support ceases.
✔Content/Parts
A. M. NO. 02-11-11-SC, Section 2:

(b) Contents and form. - The petition for legal separation shall:
(1) Allege the complete facts constituting the cause of action.
(2) State the names and ages of the common children of the parties, specify the regime
governing their property relations, the properties involved, and creditors, if any. If there is
no adequate provision in a written agreement between the parties, the petitioner may
apply for a provisional order for spousal support, custody and support of common
children, visitation rights, administration of community or conjugal property, and other
similar matters requiring urgent action,
(3) Be verified and accompanied by a certification against forum shopping. The

verification and certification must be personally signed by the petitioner. No petition may
be filed solely by counsel or through an attorney-in-fact. If the petitioner is in a foreign
country, the verification and certification against forum shopping shall be authenticated
by the duly authorized officer of the Philippine embassy or legation, consul general,
consul or vice-consul or consular agent in said country
(4) Be filed in six copies. The petitioner shall, within five days from such filing, furnish a
copy of the petition to the City or Provincial Prosecutor and the creditors, if any, and
submit to the court proof of such service within the same period.
Failure to comply with the preceding requirements may be a ground for immediate
dismissal of the petition.
37
✔Parties Who May File
A. M. NO. 02-11-11-SC, Section 2:

Only by the husband or the wife, as the case may be
✔When to Execute
A. M. NO. 02-11-11-SC, Section 2:

Within five years from the time of the occurrence of any of the following causes
provided:
(a) Repeated physical violence or grossly abusive conduct directed against the petitioner,
a common child, or a child of the petitioner;
(b) Physical violence or moral pressure to compel the petitioner to change religious or
political affiliation;
(c) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child
of the petitioner, to engage in prostitution, or connivance in such corruption or
inducement;
(d) Final judgment sentencing the respondent to imprisonment of more than six years,
even if pardoned;
(e) Drug addiction or habitual alcoholism of the respondent;
(f) Lesbianism or homosexuality of the respondent;
(g) Contracting by the respondent of a subsequent bigamous marriage, whether in or

outside the Philippines;
(h) Sexual infidelity or perversion of the respondent;
(i) Attempt on the life of petitioner by the respondent; or
(j) Abandonment of petitioner by respondent without justifiable cause for more than one
year.
✔When & Where to File
A. M. NO. 02-11-11-SC, Section 2:

The petition shall be filed in the Family Court of the province or city where the
petitioner or the respondent has been residing for at least six months prior to the date of
filing "or in The case of a non-resident respondent, where he may be found in the
Philippines, at the election of the petitioner.
38
✔Effects of the Execution of the Document
Family Code, Art. 63:
The decree of legal separation shall have the following effects:
(1) The spouses shall be entitled to live separately from each other, but the
marriage bonds shall not be severed;
(2) The absolute community or the conjugal partnership shall be dissolved and
liquidated but the offending spouse shall have no right to any share of the net profits
earned by the absolute community or the conjugal partnership, which shall be forfeited in
accordance with the provisions of Article 43(2);
(3) The custody of the minor children shall be awarded to the innocent spouse,
subject to the provisions of Article 213 of this Code; and
(4) The offending spouse shall be disqualified from inheriting from the innocent
spouse by intestate succession. Moreover, provisions in favor of the offending spouse
made in the will of the innocent spouse shall be revoked by operation of law. (106a)
Family Code, Art. 64:
After the finality of the decree of legal separation, the innocent spouse may revoke
the donations made by him or by her in favor of the offending spouse, as well as the
designation of the latter as beneficiary in any insurance policy, even if such designation
be stipulated as irrevocable. The revocation of the donations shall be recorded in the
registries of property in the places where the properties are located. Alienations, liens and
encumbrances registered in good faith before the recording of the complaint for
revocation in the registries of property shall be respected. The revocation of or change in
the designation of the insurance beneficiary shall take effect upon written notification
thereof to the insured.
The action to revoke the donation under this Article must be brought within five
years from the time the decree of legal separation become final. (107a)
39
✔Sample of a Complaint for Legal Separation

THIRD JUDICIAL REGION
BRANCH 001
MANIILA CITY
Juana Garcia dela Cruz,

Petitioner
CIVIL CASE NO. 743
-versus-
Juan Jimenez dela Cruz,

Respondent.
x------------------------------------x
COMPLAINT FOR LEGAL SEPARATION
1. Petitioner Juana Garcia dela Cruz and respondent Juan Jimenez dela Cruz, met
each other sometime in August 3, 2000. The acquaintance led to courtship and
romantic relations, culminating in the exchange of marital vows in a church
wedding on November 3, 2003. A copy of their marriage certificate is hereto
attached as ANNEX “A” and made an integral part of this petition;
2. After their marriage, the couple decided to settle at 1232 Sampaguita St., Sta.
Cruz, Metro Manila, where they built their family home;
3. The union produced three (2) children, namely: Jose dela Cruz, born on January
15, 2001, and Josie dela Cruz, born on February 14, 2002. Copies of their
Certificates of Live Birth are hereto attached as ANNEXES “B”, and “C”
respectively, and made integral parts of this petition;
4. Indeed, the couple’s marriage was off to a good start manifested through their
display of intimacy and giving of trust and respect to each other, hence, they could
then easily address minor issues in their relationship. The respondent husband for
one was truly a “family man” as he placed the welfare of the respondent and their
two children his priority over and above anything and anybody else;
40
5. Petitioner had hoped that such flame of happiness in their marriage would not fade.
However, in the middle stages of their marriage, respondent started showing
thoughtlessness in the performance of his marital obligations as he became
immersed in a gambling habit as he frequented in Solaire Resort and Casino,
seldom going home. In sum, respondent was transforming into an irresponsible
husband and father. Notwithstanding, petitioner tried very hard to relight the flame
to possibly reverse the deteriorating condition of their marriage;
6. Unfortunately, however, sometime in March 2005, the situation got worse when
respondent started using illegal substances like shabu and marijuana and suffered
from habitual alcoholism. Respondent’s refusal to quit his vices fuelled quarrels
between him and petitioner and in the middle of those fights, the Juan dela Cruz
would more often than not physically hurt Juana dela Cruz and would destroy
whatever thing (usually appliances) he would get hold of – an ugly scene that
caused trauma to their children;
7. In the latter part of the year 2006, respondent left his family and the conjugal
dwelling and has not returned ever since. Moreover, he has become totally
unmindful of his obligations to them as all his time and money were spent for his
vices. From then on, there is a complete cessation of marital relations between
petitioner and respondent, both personal and property, as well as parental relations
with their children as respondent no longer gave them any support, may it be
emotional or financial;
8. In the early part of May 2007, the situation turned from worse to worst when
petitioner discovered that respondent has been cohabiting and even sired a child
with another woman. Because of the shocking turn of events, petitioner and her
two children suffered from embarrassment and public ridicule in their community,
thus forcing them to transfer abode to 144 Melvar St., Katipunan, Quezon City;
9. Petitioner can and will no longer tolerate respondent’s continued blatant
transgression of his marital vows because the confluence of his (respondent’s)
irresponsible and unwarranted acts and sexual infidelity amounting to failure on
his part to perform his duty to live with the petitioner, duty to observe mutual love,
respect and fidelity and duty to render mutual help and support is just too much for
41
her to handle. Hence, the foregoing considered, this Petition for Legal Separation
on the following grounds: (a) Repeated physical violence or grossly abusive
conduct directed against the petitioner; (b) Habitual alcoholism of the respondent;
(c) Sexual infidelity or perversion of the respondent; and (d) Abandonment of
petitioner by respondent without justifiable cause for more than one year;
10. The couple entered into a property relation of Conjugal Partnership of Gains and
petitioner has no known creditors;
11. In filing this petition, petitioner was constrained to engage the services of a counsel
for an acceptance fee of Php 50, 000.00 and per appearance fee of Php 10,000.00,
and will incur litigation expenses in the sum of Php 120,000.00.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of this Honorable
Court to decide in favor of the petitioner and specifically decreeing the following:
1. The Legal Separation between petitioner Juana Garcia dela Cruz and
respondent Juan Jimenez dela Cruz;
2. The dissolution of their conjugal property relations and the division of the net
conjugal assets;
3. The designation of the petitioner as the administrator of the absolute
community during the pendency of the action and eventual dissolution of such
property;
4. The custody of their common children to be awarded to the petitioner;
5. The forfeiture of respondent’s one-half share in the net conjugal assets in favor
of the common children;
6. The disqualification of respondent from inheriting from the petitioner by
intestate succession as well as the revocation of the provisions in the will of the
petitioner (if any) in favor of the respondent;
7. The guilty spouse (Juan dela Cruz) to provide support to the innocent spouse
(Juana dela Cruz) and their children; and
42
8. The payment to petitioner's counsel of the sum of Php 100, 000.00 as attorney's
fees to be taken from the respondent's share in the net assets or if none from
the petitioner’s share therein.
PETITIONER further prays for any other relief or reliefs as may be deemed just
and equitable by the Honorable Court.
_______________
Juana Garcia dela Cruz
February 1, 2008.
VERIFICATION AND CERTIFICATION AGAINST NON-FORUM SHOPPING
I, JUANA GARCIA DELA CRUZ, of legal age, residing at 144 Melvar St., Katipunan,
Quezon City, after having sworn to by law hereby depose and state under oath that:
4. I have ceased the preparation of the foregoing Petition;
5. The allegations contained herein are true and correct of my own knowledge;
6. I have not commenced any other action or proceedings involving the same issues in
the Supreme Court, the Court of Appeals, or any other tribunal or agency; to the best
of my knowledge, no such action or proceeding is pending in the Supreme Court, the
Court of Appeals, or different Divisions thereof, or any other tribunal or agency; and
that, if I should learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals or different Division thereof, or any
other tribunal or agency. I undertake to promptly inform this Honorable Court within
five (5) days therefrom.
In witness whereof, I have hereunto signed this Verification this 25th day of February
2008, in Manila City, Philippines.
JUANA ISABELA CRUZ SAN JUAN

Affiant
SUBSCRIBED AND SWORN TO before me this 25th day of February 2008 at Manila
City affiant exhibiting to me her Community Tax Certificate No. 94067834 issued on the
20th, January 2007 in Quezon City.
43
Atty. Rona Graziela Pauline B. Anyog
Doc. No. ____; NOTARY PUBLIC
Page No. ____; Until December 31, 2010
Book No. ____; PTR No. 749274, 02-25-10, Manila
Series of 2010 IBP No. 432546, 01-11-10, Makati City
MCLE No.:II-00263
44
II. Petition of Annulment of Marriage of a Voidable Marriage
Art. 45. A marriage may be annulled for any of the following causes, existing at the
time of the marriage:
(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen
years of age or over but below twenty-one, and the marriage was solemnized without the
consent of the parents, guardian or person having substitute parental authority over the
party, in that order, unless after attaining the age of twenty-one, such party freely
cohabited with the other and both lived together as husband and wife;
(2) That either party was of unsound mind, unless such party after coming to reason,
freely cohabited with the other as husband and wife;
(3) That the consent of either party was obtained by fraud, unless such party afterwards,
with full knowledge of the facts constituting the fraud, freely cohabited with the other as
husband and wife;
(4) That the consent of either party was obtained by force, intimidation or undue influence,
unless the same having disappeared or ceased, such party thereafter freely cohabited
with the other as husband and wife;
(5) That either party was physically incapable of consummating the marriage with the
other, and such incapacity continues and appears to be incurable; or
(6) That either party was afflicted with a sexually-transmissible disease found to be
serious and appears to be incurable.
✔Purpose
A petition for annulment of a voidable marriage is filed with the object of declaring
void a marriage considered valid until annulled.
✔Content/Parts
1. Caption
2. Title
3. Introduction
4. Body
5. Relief
6. Attorney’s Box
7. Addenda (verification and certification of non-forum shopping)
45
✔Who May File & Filing Period
Art. 47. The action for annulment of marriage must be filed by the following persons
and within the periods indicated herein:
(1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian
did not give his or her consent, within five years after attaining the age of twenty-one, or
by the parent or guardian or person having legal charge of the minor, at any time before
such party has reached the age of twenty-one;
(2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no
knowledge of the other's insanity; or by any relative or guardian or person having legal
charge of the insane, at any time before the death of either party, or by the insane spouse
during a lucid interval or after regaining sanity;
(3) For causes mentioned in number 3 of Article 45, by the injured party, within five years
after the discovery of the fraud;
(4) For causes mentioned in number 4 of Article 45, by the injured party, within five years
from the time the force, intimidation or undue influence disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within five
years after the marriage
✔Where to File
A.M. No. 02-11-10-SC, Sec.4. Venue. - The Petition shall be filed in the Family
Court of the province or city where the petitioner or the respondent has been residing for
at least six months prior to the date of filing. Or in the case of non-resident respondent,
where he may be found in the Philippines, at the election of the petitioner.
1. Termination of the marital bond

2. Children conceived or born before the judgment of annulment has become final and
executory are considered legitimate
3. Absolute community property regime or the conjugal partnership property regime is
terminated and shall be liquidated in accordance with Articles 102 and 129
4. The innocent spouse may revoke the designation of the other spouse who acted in
good faith as beneficiary in the insurance policy whether or not the designation is
revocable
5. The spouse who contracted the marriage in bad faith shall be disqualified to inherit
from the innocent spouse by testate and intestate succession.
6. Donation propter nuptias remains valid unless the donee spouse acted in bad faith
and the donor revokes the same.
46
✔Sample of a Petition of Annulment of Marriage of a Voidable Marriage

National Capital Judicial Region
Quezon City
Branch ______
BENJO C. BERNARDO,
Petitioner,
- Versus - Civil Case No. ___________

For: Declaration of Nullity of Marriage
GRETCHEN B. BERNARDO,
Respondent.
X-------------------------X
PETITION
COMES NOW petitioner, by the undersigned counsel and unto this Honorable
Court, most respectfully alleges:
1. Petitioner is of legal age, Filipino citizen and a resident of 143 Argonne St., San
Juan City while respondent is likewise of legal age, Filipino citizen and a
resident of 91 Tripoli St. cor. London St. Project 8, Quezon City, where she may
be served with summons, orders and other legal processes of this Honorable
Court;
2. Petitioner and respondent are husband and wife, having been legally married
on December 2, 2018 at Sto Nino Parish Shrine, in Bago Bantay Quezon City,
a copy of their marriage certificate is hereto attached as Annex “A”;
3. A child was born in wedlock, Bhenjiemien Yakov G. Bernardo, aged 6 years

old, a copy of his Certificate of Live Birth is hereto attached as Annex “B”;
4. Respondent, during the time of marriage to petitioner, was previously convicted

of a crime involving moral turpitude, with such fact being known to petitioner on
January 2, 2018 or one month after their marriage, a copy of the decision of
her conviction is hereto attached as Annex “C”
5. Petitioner’s consent was obtained through fraud under Article 45, Paragraph 1
and Article 46, Paragraph 3 of the New Civil Code, making his marriage with
respondent a voidable marriage.
47
Page 02.
6. That petitioner and respondent have not acquired any real properties in the
course of their marriage.
PRAYER
WHEREFORE, it is respectfully prayed that this Honorable Court render judgment:
1. Declaring the marriage entered into by the parties as NULL and VOID on the
ground of consent acquired through fraud;
2. Ordering the Local Civil Registrar and the National Statistics Office to cancel in
their respective Books of Marriage, the marriage between the petitioner and the
respondent.
Petitioner prays for such other relief she may be entitled to in the premises.
San Juan. May 12, 2019
Atty. SAMUEL S. CAGALINGAN

Wheels Executive Suites
Wheels Bldg., E. Rodriguez Sr. Ave.,
Quezon City
IBP No. 764814 dtd. 01-07-09 Pasig City
PTR No. 5448574 /01/14/09/ Rizal
Roll No. 33476
MCLE Compliance II – 0009328
Dtd. March 27, 2008
VERIFICATION
I, BANJO C. BERNARDO, of legal age, under oath, states:

1. That I am the petitioner in this case and that I have caused the preparation
of the same petition;
2. That I attest to the truth of all the allegations in the same petition of my own
personal knowledge;
3. In compliance to the Supreme Court circular against forum shopping, I
hereby certify that: a) I have not commenced any other action or proceeding involving
the same issues before the Supreme Court, or Court of Appeals, or any other tribunal or
agency; b) to the best of my knowledge, no such action or proceedings is pending in the
Supreme Court, Court of Appeals or any other tribunal or agency; c) If I should learned
that similar action or proceeding has been filed or is pending before such tribunals or
bodies, I shall report that fact within five (5) days therefrom to the court of agency where
the original pleading and sworn certification have been filed.
BENJO C. BERNARDO
48
Affiant
SUBSCRIBED and SWORN to before me this _____ day of May 2019, affiant
exhibited to me his ______________ dated ________________ issued in
_________________.
Doc. No. ________

Page No. ________
Book No. _______
Series of 2009.
49
III. Petition for Correction of Entries
Administrative Proceeding:
q Republic Act No. 9048, as amended by Republic Act No. 10172
Judicial Proceeding:
q RULE 108, Rules of Court
As a general rule, no entry in the civil register shall be changed or corrected without
a judicial order. Fortunately, Republic Act No. 9048, as recently amended by Republic
Act No. 10172, allowed the administrative correction of certain entries with the Civil
Register, including entries in the birth certificate.
Section 1 of RA 9048, as amended provides:

“SECTION 1. Authority to Correct Clerical or Typographical Error and Change of
First Name or Nickname. – No entry in a civil register shall be changed or corrected
without a judicial order, except for clerical or typographical errors and change of first name
or nickname, the day and month in the date of birth or sex of a person where it is patently
clear that there was a clerical or typographical error or mistake in the entry, which can be
corrected or changed by the concerned city or municipal civil registrar or consul general
in accordance with the provisions of this Act and its implementing rules and regulations.”

✔Purpose
Rectification of error to make the matter corrected speak for the truth. (Chiao Ben
Lim vs. Zosa)
✔Who May File the Petition
q Any person having direct and personal interest in the correction of a clerical or
typographical error in an entry and/or change of first name or nickname, day and
month in the date of birth or sex (Sec 3, RA 9048, as amended)
✔Where to File the Petition
q Any person may file a petition, in person, with the local civil registry office of the
city or municipality where the record being sought to be corrected or changed is
kept.
q In case the petitioner has already migrated to another place in the country, may
file their petition, in person, with the local civil registrar of the place where the
interested party is presently residing or domiciled.
50
q In case of citizens of the Philippines who are presently residing or domiciled in
foreign countries, may file their petition, in person, with the nearest Philippine
Consulates. (Sec 3, RA 9048, as amended)
✔Form and Contents of the Petition
The petition for correction of a clerical or typographical error, or for change of first
name or nickname, as the case may be, shall be in the form of an affidavit, subscribed
and sworn to before any person authorized by law to administer oaths. The affidavit shall
set forth facts necessary to establish the merits of the petition and shall show affirmatively
that the petitioner is competent to testify to the matters stated. The petitioner shall state
the particular erroneous entry or entries, which are sought to be corrected and/or the
change sought to be made.
The petition shall be supported with the following documents:
(1) A certified true machine copy of the certificate or of the page of the
registry book containing the entry or entries sought to be corrected or changed;
(2) At least two (2) public or private documents showing the correct entry
or entries upon which the correction or change shall be based; and
(3) Other documents which the petitioner or the city or municipal civil
registrar or the consul general may consider relevant and necessary for the
approval of the petition.
No petition for correction of erroneous entry concerning the date of birth or the sex
of a person shall be entertained except if the petition is accompanied by earliest school
record or earliest school documents such as, but not limited to, medical records,
baptismal certificate and other documents issued by religious authorities; nor shall any
entry involving change of gender corrected except if the petition is accompanied by a
certification issued by an accredited government physician attesting to the fact that the
petitioner has not undergone sex change or sex transplant. The petition for change of first
name or nickname, or for correction of erroneous entry concerning the day and month in
the date of birth or the sex of a person, as the case may be, shall be published at least
once a week for two (2) consecutive weeks in a newspaper of general circulation.
Furthermore, the petitioner shall submit a certification from the appropriate law
enforcements, agencies that he has no pending case or no criminal record.
The petition and its supporting papers shall be filed in three (3) copies to be distributed
as follows: first copy to the concerned city or municipal civil registrar, or the consul
general; second copy to the Office of the Civil Registrar General; and third copy to the
petitioner.” (Sec 5, RA 9048, as amended)
Since the petition for correction of a clerical or typographical error, or for change
of first name or nickname is in a form of an affidavit, it shall consists of the following parts:
the caption which shall provide for the venue of the execution; the title; the body which
51
shall contain the name of the petitioner, the person’s bona fides, the oath, statement and
the signature; and the Jurat.
In a the judicial proceeding for a Petition for Cancellation or Correction of Entries

in the Civil Registry, the rules provided under Rule 108 of the Rules of Court applies.
✔Parties
q Petitioner - any person interested in any act, event, order or decree concerning the
civil status of persons which has been recorded in the civil register (Sec. 1, Rule
108)
q Civil Registrar (Sec. 3, Rule 108)
q All persons who have or claim any interest which would be affected thereby (Sec.
3, Rule 108)
✔Where to File the Petition
Petitioner may file a verified petition for the cancellation or correction of any entry
relating thereto, with the Regional Trial Court where the corresponding civil registry is
located. (Sec 1, Rule 108)
✔Entries Subject to Cancellation or Correction
Upon good and valid grounds, the following entries in the civil register may be
cancelled or corrected: (a) births: (b) marriage; (c) deaths; (d) legal separations; (e)
judgments of annulments of marriage; (f) judgments declaring marriages void from the
beginning; (g) legitimations; (h) adoptions; (i) acknowledgments of natural children; (j)
naturalization; (k) election, loss or recovery of citizenship; (l) civil interdiction; (m) judicial
determination of filiation; (n) voluntary emancipation of a minor; and (o) changes of name.
(Sec. 2, Rule 108)
A Petition for Cancellation or Correction of Entries in the Civil Registry is a typical

judicial form hence it shall consists of the following parts: (1) Caption; (2) Title; (3)
Intoduction; (4) Body; (5) Relief; (6) Attorney’s Box; and (7) Addenda.
The caption sets forth the name of the court, the title of the action and the docket
number if assigned. (Sec. 1, Rule 7, Rules of Court).
The title referred here is the title of the document which is “Petition”.
The introduction presents the writing party to the reader.
The Body sets forth its designation, the allegations of the party’s claims and
defenses and the date of the pleading.
The Relief box indicates the specific relief sought to by the party including the
general relief as may be deemed just and equitable.
52
The Attorney’s box indicates the name and signature of the lawyer, his office
address, his IBP roll number and professional tax receipt numbers.
The Addenda. In this case, the addenda is the verification since the Rules
provides that the petition shall be verified. (Sec. 1, Rule 108)
The court may either dismiss the petition or issue an order granting the cancellation
or correction prayed for. In either case, a certified copy of the judgment shall be served
upon the civil registrar concerned who shall annotate the same in his record. (Sec. 7, Rule
108)
✔Sample of a Petitifor Correction of Entries
53
54
REGIONAL CAPITAL JUDICIAL REGION
55
Malabon City, Branch _____
IN RE: PETITION FOR CORRECTION OF

ENTRY IN THE BIRTH CERTIFICATE OF
PEDRO SANTOS DELA CRUZ
JUAN S. DELA CRUZ Case No. ______

Petitioner,
CIVIL REGISTRY, CITY OF MALABON

Respondent.
x-----------------------------------------x
PETITION
Petitioner JUAN S. DELA CRUZ, by and through counsel, unto this Honorable
Court, most respectfully avers:
1. That petitioner is of legal age, Filipino and a resident of No. 8 Katipunan St.
Malabon City, where he may be served with summons, notices, orders and
other court processes of the Honorable Court;
2. That respondent Office of the Local Civil Registry, City of Malabon, is a

government agency or instrumentality wherein the subject birth certificate was
recorded, with address at 3/F City Hall Bldg., F. Sevilla Boulevard, Malabon
City, where it may be served with summons, notices, orders and other
processes of the Honorable Court.
3. That Petitioner was born on February 21, 1991 and was in truth and in fact the
biological son of JUAN REYES DELA CRUZ and ROSE GO SANTOS, both
had legal capacity to contract marriage at the time of birth of herein petitioner;
4. That by the subsequent marriage of Juan R. Dela Cruz and Rose G. Santos on
July 2, 1995, Petitioner, who was then born outside wedlock was legitimated.
A copy of PSA Marriage Certificate between Juan R. Dela Cruz and Rose G.
Santos and the notarized Deed of Legitimation of a Natural Child duly submitted
and registered with the Office of the Civil Registry, Malabon City is herewith
attached as “Annex A” and “Annex B” respectively;
5. That at the time of birth of herein Petitioner, the relationship of his biological
parents were strained and they were then separated;
6. That when the fact and circumstances of Petitioner’s birth was documented by
the concerned records staff of MCU – Filemon D. Tanchoco Medical
Foundation (MCU-FDTMF) Hospital in Caloocan City where he was delivered,
56
Petitioner’s biological mother, being emotionally distressed declared that the
name of Petitioner’s father is CHRISTIAN SY GREY instead of JUAN R. DELA
CRUZ.
7. That the Certificate of Live Birth issued and registered under LCR No. 91-1234
reflected the name of Petitioner as “PEDRO SANTOS GREY”; mother’s name
as ROSE GO SANTOS; and father’s name as CHRISTIAN SY GREY. A copy
of said Certificate of Birth is herewith attached as “Annex C”;
8. That Petitioner’s real and biological parents attempted to correct the error and
erroneous declaration made in the Certificate of Live Birth by executing a Deed
of Legitimation of Natural Child in support for the late registration of Birth for
Petitioner which was thereafter filed and registered with the Civil Registry,
Malabon City under LCR No. 95-4321. Hence, a Late Registered Certificate of
Live Birth was issued where Petitioner’s name appeared as “PEDRO SANTOS
DELA CRUZ”. A copy of said Late Registered Certificate of Birth is herewith
attached as “Annex D”;
9. That Petitioner has since then relied on the Late Registered Certificate of Live
Birth for purposes of school requirements, securing government Identification
Cards and registration with various government agencies and as a result, was
issued the folling official records bearing his name PEDRO SANTOS DELA
CRUZ;
1. Official Transcript of Records from the Manila Central University

(Annex E)
2. Philhealth Member Registration Card No.: 01-123456789-4
(Annex F)
3. BIR TIN Registration No.: 123-456-789-000 (Annex G)
4. Commision on Election Registration Card No.: VIN 1234-1234A-
B1245YGS10000 (Annex H)
10. That said Late Registration of Birth, however did not reflect the true
circumstances of birth of herein Petitioner far as the Certification of Attendant
of Birth is concerned;
11. That there are now two (2) registered records of birth of herein Petitioner – both
of which do not reflect the true and correct details of birth in so far as the
following details are concerned which Petitioner now seeks correct:
1. Father’s name is Juan Reyes Dela Cruz and not Christian Sy

Grey;
2. Petitioner’s name is Pedro Santos Dela Cruz and not Pedro
Santos Grey.
12. That Rule 108 of the Rules of Court provides:
57
“Section 1. Who may file petition. – any person interested in any
act, event, order or decree concerning the civil status of persons
which has been recorded in the civil register, may file a verified
petition for the cancellation or correction of any entry relating
thereto, with the Court of First Instance of the province where the
corresponding civil registry is located.
Section 2. Entries subject to cancellation or correction. – Upon

good and valid grounds, the following entries in the civil register
may be cancelled or corrected: (a) births; (b) marriage; (c)
deaths; (d) legal separations; (e) judgments of annulments of
marriage; (f) judgment declaring marriages void from the
beginning; (g) legitimations; (h) adoptions; (i) acknowledgments
of natural children; (j)naturalization; (k) election, loss or recovery of
citizenship; (l) civil interdiction; (m) judicial determination of filiation;
(n) voluntary emancipation of a minor; and (o) change of name.”
13. In the case of Republic of the Philippines vs. JULIAN EDWARD EMERSON
COSETENG-MAGPAYO (G.R. No. 189476, February 2, 2011), the Supreme
Court held:
“Labay-Rowe vs. Republic categorically holds that “changes

which may affect the civil status from legitimate to illegitimate… are
substantial and controversial which can only be allowed after
appropriate adversary proceedings…”
Since respondent’s desired change affects his civil status

from legitimate to illegitimate, Rule 108 applies. It reads:
Section 1. Who may file petition. – any person interested in any act,
event, order or decree concerning the civil status of persons which
has been recorded in the civil register, may file a verified petition
for the cancellation or correction of any entry relating thereto, with
the [RTC] of the province where the corresponding civil registry is
located.
xxxx
Section 3. Parties.- When cancellation or correction of an entry in

the civil register is sought, the civil registrar and all persons who
have or claim any interest which would be affected thereby
shall be made parties to the proceeding.
xxxx
58
Rule 108 clearly directs that a petition which concerns one’s
civil status should be filed in the civil registry in which the entry is
sought to be cancelled or corrected – that of Makati in the present
case, and “all persons who have or claim any interest which would
be affected thereby” should made parties to the proceedings.”
14. That this Petition is being filed with the Honorable Court having territorial
jurisdiction over the Office of the Civil Registrar, Malabon City where the subject
certificate of live birth was recorded.
15. That the civil registrar concerned is herein impleaded as Respondent indicated
above and the only known persons who may have interest in the instant
petition.
16. Finally, that the Late Registration of Birth filed and registered with the office of
the Civil Registry, Malabon City was an attempt of Petitioner’s parents to
legitimize his status as their legitimate child who was born out of wedlock.
Apparently, Petitioner’s parents were either unaware or might have overlooked
the fact that there already exist a timely registered Certificate of Birth which
only needs to be corrected as to the details mentioned in Paragraph 11.
PRAYER
WHEREFORE, premises considered, Petitioner most respectfully prays

to this Honorable Court that an Order be issued directing the Office of the Civil
Registry, Malabon City to annotate the following corrections to the original
Certificate of Live Birth with LCR No. 91-1234 in order to correct the
circumstances of birth of herein petitioner:
1. To reflect the correct name of Petitioner’s father as Juan Reyes

Dela Cruz and not Christian Sy Grey; and
2. To reflect the correct name of the Petitioner as Pedro Santos Dela
Cruz and not Pedro Santos Grey.
Other just and equitable reliefs under the premises are similarly prayed
for.
February 7, 2020, Malabon City.
ABCD Law Offices

Counsel for the Petitoner
No. 13 Sisa Street
Brgy. Tinajeros, Malabon City
Tel. No. 8355-1414
ATTY. DAKOTA R. JOHNSON
59
Roll Attorney No. 55798
IBP No. 0379645/01-15-19/RSM
PTR No. 89526713/1-05-19/QC
MCLE Compliance No. IV-5698341/08-09-15

Quezon City ) S.S.
VERIFICATION/CERTIFICATION
I, JUAN S. DELA CRUZ, of legal age, Filipino Citizen after having been duly
sworn to in accordance with law, hereby depose and state that:
1. I am the Petitioner in the instant Petition.
2. I have caused the preparation of the foregoing.
3. I have read and understood the averments contained therein and I

hereby affirm that the same are true and correct as of my own
knowledge and based on authentic records.
4. I hereby certify that I did not thereto commence any other action or
proceeding involving the same issues in the Supreme Court, Court of
Appeals, or any other tribunal or agency, and that if I would thereafter
learn that a similar action or proceeding has been filed or is pending
thereof, I undertake to report such fact within five (5) days therefrom to
the court or agency wherein the original pleading and sworn certification
contemplated herein have been filed.
IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of July 2018
at Quezon City.
JUAN S. DELA CRUZ

Affiant
SUBSCRIBED AND SWORN TO before me this 7th day of February 2020 at

Malabon City, affiant exhibiting to me his Philhealth ID with ID no.: 01-123456789-4 as
competent evidence of his identity.
NOTARY PUBLIC
60
Doc. No. 170;
Page No. 25;
Book No. 5;
Series of 2020
IV. Petition for Change of Name

Rule 103
Change of Name
61
Section 1. Venue. — A person desiring to change his name shall present the petition to
the Court of First Instance of the province in which he resides, or, in the City of Manila, to
the Juvenile and Domestic Relations Court.
Section 2. Contents of petition. — A petition for change of name shall be signed and
verified by the person desiring his name changed, or some other person on his behalf,
and shall set forth:
(a) That the petitioner has been a bona fide resident of the province where the
petition is filed for at least three (3) years prior to the date of such filing;
(b) The cause for which the change of the petitioner's name is sought;
(c) The name asked for.
Section 3. Order for hearing. — If the petition filed is sufficient in form and substance, the
court, by an order reciting the purpose of the petition, shall fix a date and place for the
hearing thereof, and shall direct that a copy of the order be published before the hearing
at least once a week for three (3) successive weeks in some newspaper of general
circulation published in the province, as the court shall deem best. The date set for the
hearing shall not be within thirty (30) days prior to an election nor within four (4) month
after the last publication of the notice.
Section 4. Hearing. — Any interested person may appear at the hearing and oppose the
petition. The Solicitor General or the proper provincial or city fiscal shall appear on behalf
of the Government of the Republic.
Section 5. Judgment. — Upon satisfactory proof in open court on the date fixed in the
order that such order has been published as directed and that the allegations of the
petition are true, the court shall, if proper and reasonable cause appears for changing the
name of the petitioner, adjudge that such name be changed in accordance with the prayer
of the petition.
Section 6. Service of judgment. — Judgments or orders rendered in connection with this

rule shall be furnished the civil registrar of the municipality or city where the court issuing
the same is situated, who shall forthwith enter the same in the civil register.

✔Purpose
• To change a name that is ridiculous, dishonorable or extremely difficult to write or

pronounce;
• To result a legal consequence such as legitimation;
• To avoid confusion;
• To settle a conflict when one has continuously used and been known since
childhood by a Filipino name, and was unaware of alien parentage;
62
• To adopt a Filipino name to erase signs of former alienage, all in good faith and
without prejudicing anybody;
• To prevent a surname to cause embarrassment and there is no showing that the
desired change of name was for a fraudulent purpose or that the change of name
would prejudice public interest. (Republic v. Hernandez, 323 Phil. 606, 637-638).
✔Content/Parts
A petition for change of name shall be signed and verified by the person desiring his
name changed, or some other person on his behalf, and shall set forth:
(a) That the petitioner has been a bona fide resident of the province where the petition
is filed for at least three (3) years prior to the date of such filing;
(b) The cause for which the change of the petitioner's name is sought;
(c) The name asked for;
(d) All names by which the petitioner is known. (Secan Kok v. Republic, L-27621)
✔Parties:
• The petitioner (natural persons regardless of status, including domiciled aliens).

• The Local Civil Registrar
✔When to Execute
A person can effect a change of name under Rule 103 (CHANGE OF NAME) using valid
and meritorious grounds including:
(a) when the name is ridiculous, dishonorable or extremely difficult to write or pronounce;
(b) when the change results as a legal consequence such as legitimation; (c) when the
change will avoid confusion;
(d) when one has continuously used and been known since childhood by a Filipino name,
and was unaware of alien parentage;
(e) a sincere desire to adopt a Filipino name to erase signs of former alienage, all in good
faith and without prejudicing anybody; and
(f) when the surname causes embarrassment and there is no showing that the
desired change of name was for a fraudulent purpose or that the change of name would
prejudice public interest
✔When & Where to File
63
A person desiring to change his name shall present the petition to the Regional Trial Court
of the place in which he has been residing for at least 3 years prior to the filing of the
petition.
• That such name be changed in accordance with the prayer of the petition;
• Judgments or orders shall be furnished the civil registrar of the municipality or city
where the court issuing the same is situated, who shall forthwith enter the same in
the civil register.
✔Sample of a Petition for Change of Name

FIRST JUDICIAL REGION
Baguio City
Branch 3
64
IN THE MATTER OF THE CORRECTION OF ENTRIES AND CHANGE OF SURNAME
UNDER REGISTRY NO. 2004-112 IN THE CERTIFICATE OF LIVE BIRTH OF
JONGGO LLOYD TATUM, a.k.a., JONGGO LLOYD TATUM MARTINEZ,
PARTICULARLY ENTRIES NUMBER 2-C, 3, 7, 8, 9, 11-A, 24, AND 23.
JONGGO LLOYD TATUM (minor), represented by

his mother DIVINA TATUM
Petitioner,
-versus- SP. PROC. CASE NO. 6541

For: Correction of Entries
under Rule 108 and Change of
Surname under Rule 103 of the
Revised Rules of Court
DOMINGO LLOYD MARTINEZ, LOCAL CIVIL
REGISTRAR OF BAGUIO CITY, PHILIPPINE
STATISTICS AUTHORITY, and the REPUBLIC OF
THE PHILIPPINES, represented by the OFFICE OF
THE SOLICITOR GENERAL,
Respondents.
x--------------------------------------------------------x
AMENDED PETITION
The minor PETITIONER, represent by his mother, through the undersigned

counsel, unto this Honorable Court, most deferentially states and asserts, that:
THE PARTIES
1. The petitioner is a minor, 12 years of age, Filipino Citizen, and is represented

by his biological and illegitimate mother. Both of them are residents of 8-D
Private Road, Magsaysay Avenue, Baguio City, where they may be served with
summons and other judicial processes of this Honorable Court;
2. The public respondents, LOCAL CIVIL REGISTRAR OF BAGUIO CITY, with

address at Baguio City Hall, City Hall Drive, Baguio City, and the CIVIL
REGISTRAR GENERAL, PHILIPPINE STATISTICS AUTHORITY with
address at East Avenue, Diliman, Quezon City are government agencies
empowered to record births, marriages and deaths; and may be served with
judicial processes of this Honorable Court at their respective aforestated
addresses;
3. The public respondent REPUBLIC OF THE PHILIPPINES represented by

Office of the Solicitor General is empowered to represent the state with office
65
addresses at 134 Amorsolo St., Legaspi Village, Makati City, where it may be
served with summons, a copy of the petition and other judicial processes of this
Honorable Court;
4. Private respondent, DOMINGO LLOYD MARTINEZ, is the name appearing as

father of the minor, JONGGO LLOYD TATUM, a.k.a., JONGGO LLOYD
TATUM MARTINEZ, in the Certificate of Live Birth with registration no. 2003-
112, and with address at Roman Ayson Road, 12 Sixto Gaerlan St., Baguio
City, where he may be served with judicial processes of this Honorable Court;
CAUSE OF ACTION
5. For the guidance of this Honorable Court, the material facts surrounding this
case are as follows:
6. The petitioner is the minor JONGGO LLOYD TATUM, a.k.a., JONGGO LLOYD
TATUM MARTINEZ (Herein after referred to as JONGGO LLOYD),
represented by his biological and illegitimate mother DIVINA MUNSAYAC
TATUM (Herein after referred to as DIVINA). Attached hereto is the
Certificate of Live Birth of JONGGO LLOYD, with Registry Number 2004-
112, marked as Annex “A” to form an integral part hereof;;
7. Both JONGGO LLOYD and DIVINA have been residents of the City of Baguio
for the past 3 years. Moreover, both have been residents of 8-D Private Road,
Magsaysay Avenue, Baguio City since the time of their birth. Attached hereto
are the Certificates of Barangay Residency of JONGGO LLOYD and
DIVINA, marked as Annexes “B” and “C” respectively, to form an integral
part hereof;
8. Neither JONGGO LLOYD nor DIVINA know, and cannot determine, the true
illegitimate father of the former, because at the time when DIVINA conceived
her one and only child JONGGO LLOYD, she had sexual relationships with
different men;
9. DIVINA gave birth to JONGGO LLOYD in their residence, assisted by her late
mother who was known as a local midwife (Hilot);
10. When JONGGO LLOYD was one (1) year old, he was brought to visit private
respondent DOMINGO LLOYD MARTINEZ’s (Hereinafter referred to as
DOMINGO) residence for a visit. DOMINGO is the ex-lover of DIVINA, but both
remain to be good friends. DIVINA agreed to leave her child under
DOMINGO’s care for that day, as she needed to attend to something.
However, without her knowledge and consent, JONGGO LLOYD was
registered by DOMINGO before the Local Civil Registry of Baguio City.
DOMINGO made himself the informant and held himself as the father of
JONGGO LLOYD, causing erroneous entries in the latter’s certificate of live
birth, which is now the subject of this petition;
66
11. In fact, in all merits of verity, DIVINA did not sign the certificate of live birth. It
was DOMINGO who signed the certificate of live birth without the knowledge
and consent of DIVINA;
12. JONGGO LLOYD has always been known by the public as using the surname
TATUM, which is the surname of his mother. In fact, DIVINA enrolled her son
in school as JONGGO LLOYD TATUM; and in records of the child, the name
reflected is JONGGO LLOYD TATUM and not JONGGO LLOYD TATUM
MARTINEZ. Attached hereto are the school records of JONGGO LLOYD
TATUM, marked as Annexes “D” and “E” to form integral parts hereof;
13. Subsequently, DIVINA was about to cause the registration of her son’s birth
with the Local Civil Registrar, but did not do so as she found out from
DOMINGO that her son has already been registered beforehand;
14. To the utter surprise of DIVINA, she found errors and inaccuracies in the
Certificate of Live Birth in the records of the National Statistics Office showing
erroneous entries, to wit:
Erroneous entries: CORRECT INFORMATION:
Entry 2-c. Mother’s Residence:

Roman Ayson Road, 12 Sixto Gaerlan 8-D Private Road, Magsaysay
St., Baguio City Avenue, Baguio City
Entry 3. Name:
Jonggo Lloyd Tatum Martinez Jonggo Lloyd Tatum
Entry 7. Father’s Name:
Domingo Lloyd Robles Martinez Unknown
Entry 8. Father’s Nationality:

Filipino N/A
Entry 9. Age at the time of birth:

35 years
N/A
Entry 11a. Occupation:

Lawyer
N/A
Entry 24. Date and Place of
Marriage of Parents:
67
December 10, 2001
N/A
Entry 23. Legitimate:

Yes
No
15. The erroneous entries in the Certificate of Live Birth were brought about by the
fallacious assumption that DOMINGO is the father of the minor,
JONGGO LLOYD, when in truth and in fact, the father is unknown and that no
marriage between DIVINA and DOMINGO ever took place. Moreover, DIVINA
remains to be unmarried up until now. Attached hereto is a copy of the
Certificate of No Record of Marriage, marked as Annex “F” to form an
integral part hereof;
16. The erroneous entries in the Certificate of Live Birth with Registry No. 2004-
112 were brought about by honest mistake, miscommunication,
misunderstanding and inadvertence, which are neither intended to mislead nor
to confuse the public;
17. In order to correctly settle the records of birth of JONGGO LLOYD TATUM, and
to avoid any confusion and misrepresentation to the public, it is necessary that
the erroneous entry appearing in the Certificate of Live Birth with Registry
No. 2004-112 be corrected.
PRAYER
WHEREFORE, it is most respectfully prayed for, that after due notice, publication
and hearing, judgment be rendered as follows, to wit:
1. Ordering the Local Civil Registrar of Baguio City and the Civil Registrar General
of the Philippine Statistics Authority to make the necessary change of surname
and corrections in the Certificate of Live Birth of JONGGO LLOYD TATUM,
a.k.a., JONGGO LLOYD TATUM MARTINEZ with Registry Number 2004-112,
to wit;
Erroneous entries: MUST BE CORRECTED TO:
Entry 2-c. Mother’s Residence:

Roman Ayson Road, 12 Sixto Gaerlan 8-D Private Road, Magsaysay
St., Baguio City Avenue, Baguio City
Entry 3. Name:
Jonggo Lloyd Tatum Martinez Jonggo Lloyd Tatum
68
Entry 7. Father’s Name:
Domingo Lloyd Robles Martinez Unknown
Entry 8. Father’s Nationality:

Filipino N/A
Entry 9. Age at the time of birth:

35 years N/A
Entry 11a. Occupation:

Lawyer N/A
Entry 24. Date and Place of Marriage

of Parents:
December 10, 2001 N/A
Entry 23. Legitimate:

Yes No
It is further respectfully prayed for that such other reliefs and remedies as
are just and equitable under the premises laid down be allowed.
MOST RESPECTFULLY SUBMITTED.
Baguio City, January 5, 2016.
BARRAKO
LAW OFFICES
Counsel for the Petitioner
69 Bokawkan Road, Brgy. Dizon Subdivision,
Baguio City
Tel. No. (074) 422-1617
By:
JAN MICHAEL G. LIMMAYOG
69
Roll No.: 508128
PTR No.: 1112345 01-18-2015 Baguio City
IBP No.: 176184 01-18-2015 Baguio City
MCLE Compliance No.: 455813 08-05-2015
Copy furnished:
Domingo Lloyd Martinez
Civil Registrar of Baguio City
Civil Registrar General of the Philippine Statistics Authority
Solicitor General
70
VERIFICATION
AND CERTIFICATE OF NON-FORUM SHOPPING
I, DIVINA TATUM, of legal age, Filipino citizen, under oath, do hereby depose and
state, that:
1. I am the petitioner in the above-entitled and numbered case;
2. I have caused the preparation of the foregoing Petition; that I have read and
understood the contents thereof; and that the allegations therein are true and
correct to the best of my own personal knowledge and authentic evidence;
3. I hereby further certify and attest that I have not commenced any other action or
proceeding involving the same issues in any other tribunal or agency; that to the
best of my knowledge and belief, no such action or proceeding is pending in any
other tribunal or agency; and that If I should thereafter learn that a similar action
or proceeding has been filed or is pending before the any other tribunal or agency,
I undertake to report that fact within five (5) days therefrom to this Honorable Court.
IN WITNESS WHEREOF, we have hereunto affixed our signatures this 5th day of
January, 2016 in Baguio City.
DIVINA TATUM
Affiant
SUBSCRIBED AND SWORN to before me this 5th day of January, 2016 in Baguio
City by DIVINA TATUM who has satisfactorily proven her identity through PRC ID License
No. 118842345, to expire on December 6, 2018; and that she is the same persons who
personally signed and executed the foregoing Petition.
ATTY. JAN MICHAEL G. LIMMAYOG

Notary Public for Baguio City
Until December 31, 2016
Roll No.: 508128
Doc. No. PTR No.: 1112345 01-18-2015 Baguio City
Page No. IBP No.: 176184 01-18-2015 Baguio City
Book No. MCLE Compliance No.: 455813 08-05-2015
Series of 2016 Issued on April 19, 2013, Baguio City
71
ANNEX “A”
72
ANNEX “B”

Province of Benguet
Baguio City
BARANGAY PRIVATE ROAD
Philippines
CERTIFICATE OF RESIDENCY/ BARANGAY CLEARANCE
To whom it may concern:
THIS IS TO CERTIFY that Jonggo Lloyd Tatum, 12 years old, is a bona fide resident of
#8-D Private Road Barangay, Magsaysay Avenue, Baguio City, and has been a resident
thereof continuously and uninterruptedly since the time of his birth.
THIS CERTIFIES FURTHER, that he is known as a person of good moral character, and
that he has always been known to bear the surname “Tatum”, and not “Martinez”.
THIS CERTIFICATION is being issued to support his petition for the correction of entries
and change of name in his Certificate of Live Birth and for such purpose only.
THIS CERTFICATION is issued in accordance to the implementation of the provision of

the Local Government Code of 1991 and for whatever legal purpose it may serve best.
SIGNED AND ISSUED this 55th day of January, 2015 at Barangay Private Road, Baguio
City.
MARSE A. HUMALIMAW
Punong Barangay
73
ANNEX “C”

Province of Benguet
Baguio City
BARANGAY PRIVATE ROAD
Philippines
CERTIFICATE OF RESIDENCY/ BARANGAY CLEARANCE
To whom it may concern:
THIS IS TO CERTIFY that Ms. Divina Munsayac Tatum, 33 years old, single, is a bona
fide resident of #8-D Private Road Barangay, Magsaysay Avenue, Baguio City.
As per records in this office on the implementation of P.D. 1508 otherwise known as
“Katarungang Pambarangay Law”, and other existing laws, rules and regulations, and
ordinances, no case was filed against her.
THIS CERTIFIES FURTHER, that she is known as a person of good moral character.
THIS CERTIFICATION is being issued to support her request for the correction of entries
and change of surname in the Certificate of Live Birth of her minor son Jonggo Lloyd
Tatum and for such purpose only.
THIS CERTFICATION is issued in accordance to the implementation of the provision of

the Local Government Code of 1991 and for whatever legal purpose it may serve best.
SIGNED AND ISSUED this 5th day of January, 2015 at Barangay Private Road, Baguio
City.
MARSE A. HUMALIMAW
Punong Barangay
74
ANNEX “D”
75
ANNEX “E”
76
ANNEX “F”
77
Arellano University
School of Law
In partial fulfilment of the requirements for the subject:
LEGAL FORMS (SUNDAY 10:00-12:00PM)
Submitted By:
GROUP 3
Calalo, Shiela R.
Petition for Extrajudicial Settlement by Agreement between Heirs
Marcelo, Trixie A.
Affidavit of Self-Adjudication by Sole Heir
Timpug, Lyndon G.
Petition for Allowance of a Will
( Holographic and Notarial Will)
Tamayo, John Lester
Petition for Letters of Administration
78
TABLE OF CONTENTS
Introduction: Settlement of Estate
V. Petition for Extrajudicial Settlement by

Agreement between Heirs
a. Legal Basis/Laws Applicable 3
b. Purpose 4
c. Requisites for Extrajudicial Settlement 4
d. Parties Who May File; When and Where To File 5
e. Contents of Petition 5
f. Remedies of the aggrieved parties after settlement of the estate 6
g. Sample Form 7
VI. Affidavit of Self-Adjudication by Sole Heir

b. Purpose 10
c. Who may File 10
d. Where to file 10
e. When to execute 10
f. Contents 11
g. Sample Form 12
VII. Petition for Allowance of a Will

(Notarial and Holographic Will)
b. Probate Meaning 13
c. Purpose 13
d. Holographic and Notarial Wills Requisites 14
e. Contents of Petition 14
f. Parties who may file and when to file 14
g. Where to file 15
h. Issues Addressed in Probate Proceedings 15
i. Grounds for disallowing the will 16
j. Sample Form 17
VIII. Petition for Letters of Administration

b. Purpose 21
c. Contents of Petition 22
d. Parties who may file 23
e. Grounds for filing the petition 24
79
f. Effects of the execution of the petition 24
g. Case of Jesusa Dujali Buot vs. Roque Rasat Dujali 25
h. Sample Form 28
80
Introduction: Settlement of Estate
Article 777 of the Civil Code provides the substantive basis for the rules
governing the estate of the deceased persons. The article states that the rights to
succession are transmitted from the moment of death of the decedent.
Nevertheless, before the actual transmission of rights, the procedural guidelines
set forth in Rules 73 to 90 must be observed. Once the procedure outlined in the
Rules of Court is complied with, the rights of the heirs retroact to the time of death
of the person whose estate was settled.1
Modes of Settlement of Estate
The estate of a deceased person may be settled with or without court

intervention. Court intervention is not necessary in case of extrajudicial settlement,
which presupposes that the deceased has left no will, no debts, and whose heirs
are all of age. 2 The decedent’s estate may also be settled with the intervention of
the court in the following scenarios:
(1) Summary settlement of estate of small value,
(2) Partition, and
(3) Settlement through letters testamentary or letters of administration with

or without the will annexed.
I.EXTRAJUDICIAL SETTLEMENT BY AGREEMENT BETWEEN HEIRS
Settlement of an estate need not undergo judicial proceedings all the time. Rule
74, Section 1 of the Rules of Court allows the extrajudicial settlement of estate by
agreement among the heirs.
a.Legal Basis/Laws Applicable

Rule 74, Section 1 of the Rules of Court
Section 1. Extrajudicial settlement by agreement between heirs. – If the

decedent left no will and no debts and the heirs are all of age, or the minors
are represented by their judicial or legal representatives duly authorized for
the purpose, the parties may, without securing letters of administration, divide
the estate among themselves as they see fit by means of a public instrument
filed in the office of the register of deeds, and should they disagree, they may

1
De Leon and Wilwayco, Special Proceedings Essential for Bench and Bar (2015) p.8
2
Rule 72, Sec. 1
81
do so in an ordinary action of partition. If there is only one heir, he may
adjudicate to himself the entire estate by means of an affidavit filed in the
office of the register of deeds. The parties to an extrajudicial settlement, whether
by public instrument or by stipulation in a pending action for partition, or the sole
heir who adjudicates the entire estate to himself by means of an affidavit shall file,
simultaneously with and as a condition precedent to the filing of the public
instrument, or stipulation in the action for partition, or of the affidavit in the office of
the register of deeds, a bond with the said register of deeds, in an amount
equivalent to the value of the personal property involved as certified to under oath
by the parties concerned and conditioned upon the payment of any just claim that
may be filed under Section 4 of this rule. It shall be presumed that the decedent
left no debts if no creditor files a petition for letters of administration within
two (2) years after the death of the decedent.
The fact of the extrajudicial settlement or administration shall be published in a

newspaper of general circulation in the manner provided in the next succeeding
section; but no extrajudicial settlement shall be binding upon any person who has
not participated therein or had no notice thereof.
b. Purpose
In order to afford the decedent’s heirs a cost-efficient manner of settling the

estate, the Rules of Court has provided them with the option of doing so without
court intervention. The rationale behind this provision is that when a person dies
without leaving pending obligations to be paid, the decedent’s heirs, whether of
age or not, are not bound to submit the property to a judicial administration and
the appointment of an administration are superfluous and unnecessary
proceeding.3 This, however, does not preclude the heirs from resorting to judicial
settlement of the estate if they do not desire to resort for good reasons to an
ordinary action of partition. The provision on extrajudicial settlement is not
mandatory or compulsory. In fact, the heirs are given the discretion to pursue this
course of action, provided only that the requisites therefor are present. Rule 74,
Section 1 of Rules of Court allows the heirs to divide the estate among themselves
as they see fit, or to resort to an ordinary action of partition, and it does not compel
them to do so if they have good reasons to take a different course of action.4
c. Requisites for Extrajudicial Settlement
However, extrajudicial settlement of estate cannot be resorted to every time.

There are requisites which must be satisfied such as:

3
Utulo vs. Pasion, G.R. No. 45904, September 30, 1938
4
Arcillas vs. Montejo, G.R. No. L-21725, November 29, 1968
82
A. Substantive
1. The decedent left no will.
2. There are no outstanding debts at time of settlement.
3. The heirs are all of legal age or the minors are duly represented by their
judicial or legal representatives.
B. Procedural
4. Thesettlementis made in a public instrument duly executed by the

heirs and filed with the Registry of Deeds.
5. Filing of a bond equivalent to the value of personal property posted with

Registry of Deeds.
6. Publication of extrajudicial settlement in newspaper of general circulation

in the province once a week for three consecutive weeks; and
Extrajudicial settlement of estate is often recommended to expedite the

transfer of properties of the decedent to his heirs. This is in view of the fact that judicial
settlement of estate takes years before the case is concluded. Furthermore, this is more
adversarial and is resorted to when the heirs disagree on the properties to be partitioned
and the corresponding shares of the respective heirs.
d. Parties Who May File; When and Where To File
The Petition of Settlement of Estate by Agreement between Heirs may file by all
heirs of the decedent, at any time after the death of the decedent in the proper Registry
of Deeds
e. Contents
An extrajudicial settlement of estate is done by executing a “Extrajudicial Settlement

by Agreement between Heirs”. This is a legal document specifying:
1. Compliance with the legal conditions for an extrajudicial settlement

2. Description of the properties to be extrajudicially settled (title number, value, location,
lot size, technical description, etc.)
3. Nature of the property (if conjugal property)
4. Name of the heirs
5. How the properties shall be divided amongst the heirs.
6. Posting of a bond if there is personal property involved.
83
7. Undertaking that the Deed will be published in a newspaper of general circulation
once a week for 3 consecutive weeks.
Before filing the Deed of Extrajudicial Settlement with the Registry of

Deeds where the land is located, it is necessary that the estate taxes be paid first.
Under Philippine laws, estate tax is defined as a tax on the right of the deceased person
to transmit his estate to his lawful heirs and beneficiaries at the time of death and on
certain transfers, which are made by law as equivalent to testamentary
disposition. According to the Bureau of Internal Revenue, estate tax is not a tax on
property but rather imposed on the privilege of transmitting property upon the death
of the owner.
f. Remedies of the aggrieved parties after settlement of the estate
1. Within two (2) years- (1) compel settlement of the estate if an heir or other person
has been unduly deprived of his lawful participation in the estate, (2) file a claim
against the bond or the real estate or both if there are unpaid debts (Sec. 4, Rule
74 of Rules of Court);
2. Rescission in acse of preterition of compulsory heir in partition tatited with bad faith
(Article 1104 of the new Civil Code);
3. Reconveyance of real property
Note: An heir deprived of one’s share because of non-participation may file an action for
reconveyance within ten (10) years, which is based on an implied or constructive trust.
(Teves vs. Court of Appeals, G.R. No. 109963, October 13, 1999)
g. Sample Form
//see next page..///
84
EXTRAJUDICIAL SETTLEMENT AMONG HEIRS
KNOWN BY ALL MEN THESE PRESENTS:
This Extrajudicial Settlement of Estate, made and executed in XYZ,

Quezon City on January 20, 2019 by and among:
JUANITA B. DELA CRUZ, of legal age, Filipino, single and with residence address at 14 ABC
Street, Brgy. XYZ, Quezon City;
JOHN B. DELA CRUZ, 14 years old, Filipino, single and with residence address at 14 ABC Street,
Brgy. XYZ, Quezon City, represented by his mother, Mrs. Juanita Dela Cruz; and
JOAN B. DELA CRUZ, 17 years old, Filipino, single, and with residence address at 14 ABC Street,
Brgy. XYZ, Q
WITNESSETH:
1. That the above-named parties are the sole heirs of JUAN A. DELA CRUZ
(the “decedent”), who died on 15 January 2, 2019, being the latter’s
legitimate children and surviving spouse, respectively.
2. The decedent JUAN A. DELA CRUZ , who died on 2 January 2019, and at the
time of his death, was residing at 14 ABC Street, Brgy. XYZ, Quezon City;
3. That the decedent left no will;
4. That to the best knowledge and information of the parties hereto,

the said deceased left no debts;
5. That the said deceased, at the time of his death, owned the following
properties:
(a) a one-half pro-indiviso share of a ( ____ sq.m)real property

situated in (situs of property), and covered by Transfer Certificate
of Title (TCT) No. __________ of the Register of Deeds of[Place],
registered in Book T-_____, Page ______, together with all the
existing improvements thereon consisting of [a house of strong
materials].
(b) [insert additional properties, properly described] .

(c) [insert additional properties, properly described] .
85
6. That no personal properties are involved in this extrajudicial
settlement;
7. That by agreement between the parties herein, the entire interest of

the decedent in the above-described properties shall be divided and
settled among them in the following manner, to wit:
state fractional interest of each party:

1/3 to [name]
1/3 to [name]
8. [Name of heir], do hereby hereby waive and adjudicate his/her share

as heir equivalent to [1/3] of the estate of his/her late spouse, and
that of her own share in the said property as part owner of the
conjugal partnership, in favor of his/her children, [Name of
children], so that full ownership of his/her said share and
participation in the above-described properties may now be
consolidated in favor of his/her children, who will now be the sole
and absolute co-owners of the whole property above-described.
IN WITNESS WHEREOF, the parties have hereunto set their hands this
_____ day of ___ [Month, Year] ____ at ____[Place] ____ .
__________________________ __________________________
__________________________ __________________________
Signed in the presence of:
____________________ ____________________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)

________ CITY ) S.S.
BEFORE ME, a Notary Public for and in the City of __ [Place]_, Philippines
this __[Date]_personally appeared the following:
86
Names ID No. Date/Place Issued
known to me and to me known to be the same persons who executed the

foregoing Extrajudicial Settlement Among Heirs consisting of three (3) pages
including this page, and they acknowledged to me that the same is their free
and voluntary act and deed.
WITNESS MY HAND AND NOTARIAL SEAL at the place and on the date
first herein above written.
Notary Public
ATTY. PEDRO A. CRUZ

IBP NO.789234, 5/02/06, Quezon City
PTR NO. 34256, 5/02/06, quiezon City
ROLL ATTORNEY NO. 67839
MCLE Comp. No. IV-0004785, 3/2/1
Doc. No. ____;

Page No. ____;
Book No. ____;
Series of _____.
87
II. AFFIDAVIT OF SELF-ADJUDICATION BY SOLE HEIR
a.Legal Basis
The second sentence of Section 1, Rule 74 of the Rules of Court is patently clear that
self-adjudication is only warranted when there is ONLY ONE HEIR:
Section 1. Extrajudicial settlement by agreement between heirs. –– x x x If there is

only one heir, he may adjudicate to himself the entire estate by means of an affidavit filed
in the office of the register of deeds. x x x
b. Purpose/effect of the document
Recommended to expedite the transfer of properties of the decedent to his heir without
the need of court intervention. This is in view of the fact that judicial settlement of estate
takes years before the case is concluded.
c. Who may file
The Sole Heir*. The one and only heir may adjudicate the entire estate to himself by
means of Affidavit of Self-Adjudication.
d. Where to file
The Sole heir shall file the Affidavit of Self-Adjudication with the Register of Deeds of the
place where the decedent resided.
e. When to execute
Requirements are the following:
1. The decedent died intestate, i.e., without a valid will;

2. The estate has no outstanding debts at the time of the extrajudicial settlement;
Additional requirements:
3. The heir is of legal age, or the minor heir is represented by their judicial guardians or
legal representatives;
4. It must be published in a newspaper of general circulation once a week for three (3)
consecutive weeks; and
5. The heir shall file a bond with a reputable bonding company recognized by the Register
of Deeds in an amount equivalent to the value of the personal property involved.
Such bond will answer for the payment of any just claim at any time within two (2) years
after the settlement and distribution of an estate.
f. Contents/Parts
88
The Affidavit of Self adjudication shall contain the following:
1. The Affidavit of Self adjudication shall contain such as name of the heir, decedent,
legal capacity, civil status and address of the heir.
2. It shall state that the decedent died, evidenced by a death certificate, left no will
and debts at the time of death.
3. Description of the properties to be extrajudicially settled (title number, value,
location, lot size, technical description, etc.)
4. Compliance with the legal conditions for an extrajudicial settlement.
g. Sample Form
89
SAMPLE OF AFFIDAVIT OF SELF-ADJUDICATION
REPUBLIC OF THE PHILIPPINES )

CITY OF ______________________ ) S.S.
AFFIDAVIT OF SELF-ADJUDICATION BY SOLE HEIR
I, [full name],of legal age, Filipino, [civil status] and a resident of [address] after having
been duly sworn to in accordance with law, depose and state:
1. That I am the [state capacity as legal heir, i.e., only child/widow/remaining parent] of
[name of deceased] (Deceased) who died without any last will and testament on [date]
in [City, Province] as evidenced by his/her Death Certificate issued by the City of [specify]
hereto attached as Annex “A” and made an integral part of this Affidavit;
2. That at the time his/her death, the Deceased had no debts, liabilities or obligations to
any persons, agency or institution;
3. That the only property/ies left by the Deceased are:
[state nature and description of properties]

[attach supporting documents as Annexes]
4. That pursuant to Rule 74, Sec. 1 of the Rules of Court, I hereby adjudicate unto myself
the above-described Property/ies by means of this Affidavit and hereby files the same
with the Register of Deed of [specify] City with the request that the said adjudication be
made effective without judicial proceeding as prescribed by the aforementioned provision
of the Rules of Court.
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of [month] [year] in
[specify] City, [Province], Philippines.
[name and signature]

Affiant
SUBCRIBED AND SWORN TO before me this ___ day of [month] [year] in specify] City,
[Province], Philippines, affiant exhibiting to me his/her [competent evidence of identity]
issued in [place of issue] on [date of issue].
Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 20___.
90
III. PROBATE OR ALLOWANCE OF WILL
a.Legal Basis/Laws Applicable
NEW CIVIL CODE

Arts. 838 – 839, Allowance and Disallowance of Wills
RULES OF COURT
Rule 73 – Venue and Process;

Rule 75 – Production of Will; and
Rule 76 – Allowance or Disallowance of Will.
b. Probate, Meaning:
To probate a will means to prove before some officer or tribunal, vested by law
with authority for that purpose, that the instrument offered to be proved is the last will
and testament of the deceased person whose testamentary act it is alleged to be, and
that it has been executed, attested and published as required by law, and that the
testator was of sound and disposing mind.
c. Purpose
To finally and definitely settle all questions concerning the capacity of the testator
and the proper execution.
To transfer property. No will shall pass either real or personal estate unless it is
proved and allowed in the proper court. Subject to the right of appeal, such
allowance of the will shall be conclusive as to its due execution (Rule 75, Section
1, Rules of Court).
d. Holographic and Notarial Will Requisites
HOLOGRAPHIC WILLS
What are the formalities required in the execution of holographic will?
1. Signed by testator himself

2. Executed in a language or dialect known to him (Art. 804)
3. Entirely written
4. Dated;
Note: In case of any insertion, cancellation, erasure or alteration in a

holographic will, the testator must authenticate the same by his full
signature. (Art. 814)
91
NOTARIAL WILLS
What are the formalities in the execution of a notarial will?

1. In Writing;
2. Executed in a language or dialect known to the testator;
3. Subscribed by the testator himself or by the testator’s name written by
some other person in his presence and under his express direction at the
end thereof, at the presence of witnesses;
4. Attested to and subscribed by at least 3 credible witnesses in the
presence of the testator and of one another;
5. Each and every Page must be signed by the testator or by the person
requested by him to write his name, and by instrumental witnesses in the
presence of each other, on the left margin;
6. Each and every page of the will must be Numbered correlatively in letters
placed on the upper part of each page;
7. Must contain an Attestation clause, stating the following:
a. The number of pages of the will,
b. Fact that the testator signed the will and every page in the presence
of witnesses, or caused some other person to write his name under his
express direction, c. All witnesses signed the will and every page thereof in
the presence of the testator and of one another;
8. Must be acknowledged before a Notary public.
e. Contents of Petition
A petition for the allowance of a will must show, so far as known to the petitioner:
a) The jurisdictional facts; (Venue)

b) The names, ages, and residences of the heirs, legatees, and devisees of the
testator or decedent; (Notice)
c) The probable value and character of the property of the estate; (Jurisdiction)
d) The name of the person for whom letters are prayed;
e) If the will has not been delivered to the court, the name of the person having
custody of will. (Section 2, Rule 76, Rules of Court)
Jurisdictional facts refer to the fact of death of the decedent, his residence at the
time of his death in the province where the probate court is sitting, or if he is an
inhabitant of a foreign country, the estate he left in such province, and that the last
will of the deceased has been delivered to the court and is in the possession thereof.
f. Parties Who May File and When to file
92
Any executor, devisee, or legatee named in a will, or any other person interested
in the estate, may, at any time after the death of the testator, petition the court
having jurisdiction to have the will allowed, whether the same be in his
possession or not, or is lost or destroyed.
The testator himself may, during his lifetime, petition the court for the allowance
of his will. (Rule 76, Section 1, Rules of Court)
g. Where to File
Venue
1. Inhabitant of the Philippines whether citizen or alien at the time of death – Court
of the province/city where the deceased reside at the time of death.
2. Inhabitant of the foreign country – Court of any province wherein he had his
estate (Rule 73, Section 1, Rules of Court)
Jurisdiction
It depends upon the gross value of the estate of the decedent.
1. If within Metro Manila

a) Regional Trial Court – If the gross value of the estate exceed Php
400,000.00.
b) Municipal Circuit Trial Court – If the gross value of the estate does not
exceed Php 400,000.00.
2. If outside Metro Manila
a) Regional Trial Court – If the gross value of the estate exceed Php
300,000.00.
b) Municipal Trial Court – If the gross value of the estate does not exceed
Php 300,000.00.
h. Issues Addressed in Probate Proceedings
Only extrinsic validity of the will is sought to be established, particularly the

following aspects:
1. Whether the will submitted is indeed, the decedents last will and
testament;
2. Compliance with the prescribed formalities for the execution of the
wills;
3. The testamentary capacity of the testator; and
4. The due execution of the last will and testament.
i. Grounds for Disallowing will
The will shall be disallowed in any of the following cases:

a) If not executed and attested as required by law;
93
b) If the testator was insane, or otherwise mentally incapable to make a will, at the
time of its execution;
c) If it was executed under duress, or the influence of fear, or threats;
d) If it was procured by undue and improper pressure and influence, on the part of
the beneficiary, or of some other person for his benefit;
e) If 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.
k. Effect of Probate or Allowance of Wills
The probate of a will is conslusive as to its due execution and extrinsic validity. If
no appeal is taken in due time from a judgment or order of the trial court, the same
attains finality by mere lapse of time.
l. Sample Form
94
Sample of a Petition for Allowance of Will

6TH JUDICIAL REGION
BRANCH 30
ILOILO CITY
IN RE: PETITION FOR APPROVAL

THE WILL OF CARREY SPECIAL PROCEEDINGS
MANANSALA WHOOPS, NO.: 2290 DECEASED.
FOR: PROBATE OF WILL
KAREN MANANSALA LATUMBO -PETITIONER.
X--------------------------------------------------X
PETITION
COMES NOW THE PETITIONER, KAREN MANANSALA LATUMBO,

through the undersigned counsel and unto this Honorable Court most respectfully avers:
1. That the Petitioner is of legal age, married, Filipino and resident of No. 08 Brgy. Sta. Cruz,
Arevalo, Iloilo City, where she can be served with summons and other processes of this
Honorable Court;
2. That Petitioner is the sister and the executor named in the last will and testament of
CARREY MANANSALA WHOOPS, deceased, who died in Iloilo City, on September 23, 2013,
hereto attached and marked as Annex “A” of this petition is the death certificate;
3. That said CARREY MANANSALA WHOOPS executed and left said last will and testament in
accordance with the formalities of the Republic of the Philippines, said last will and
testament (photostatic copy only) dated
November 12, 2012 is hereto attached as Annex “B” and made an integral
part of this petition, the original thereof to be presented to this Honorable Court at the
time of the probate;
4. That the subscribing witnesses to said will are: RUSHELLE B. PARCON, of legal age,
single, Filipino and a resident of Room 3, PRP Condominium, General Luna St., Iloilo City;
WILMA M. LAGANCE, of legal age, single, Filipino and a resident of Phase 4, Block 3,
Lot 8, Lavida Loca Subdivision, Villa, Iloilo City; and ANNA JADE L. GRANADA, of legal
age, single,
95
Filipino and a resident of Phase 2, Block 4, Lot 15, Carmen J. Ledesma Village, Jaro, Iloilo
City;
5. That the decedent is an inhabitant of the Philippines and a resident of No. 08 Brgy. Sta.
Cruz, Arevalo, Iloilo City at the time of her death;
6. That the petitioner, KAREN MANANSALA LATUMBO, named in the will as executor thereof,
be allowed to serve without the required bond and that Petitioner is legally qualified,
competent, willing and ready to accept the appointment as Executor of the last will and
testament and hereby signifies her willingness to serve and discharge her duties and
responsibilities as such;
7. That the property left by the decedent consists of real and personal property, estimated
to have the gross value of FIFTY MILLION PESOS(Php50, 000,000.00) more or less;
8. That the testatrix, at the time of the execution of the said will, was 53 years old, of sound
and disposing mind, and not acting under duress, fraud, or undue influence and was in
every respect capacitated to dispose of his estate by will.
9. That the decedent CARREY MANANSALA WHOOPS was survived by

Janet W. Napoles, married, and Jaime Whoops, Jr., single, both of legal age, Filipinos, and
residents of No. 08 Brgy. Sta. Cruz, Arevallo, Iloilo City where they can be served notices.
PRAYER
Wherefore, premises considered, it is respectfully prays upon this Honorable Court that
judgment be rendered declaring:
(a)That, upon proper notice, publication and hearing, the abovementioned will of
deceased CARREY MANANSALA WHOOPS be approved, allowed and admitted to
probate;
(b)That letters testamentary (or of administration) be issued to herein petitioner,
without bond;
(c)That such other relief be granted as shall be deemed just and equitable in the
premises.
City of Iloilo, Philippines, October 4, 2013.
ATTY. RIZALEE J. PEREZ

IBP NO. 854908, 1/02/12, Iloilo City
PTR NO. 3621460, 1/02/12, Iloilo City
ROLL ATTORNEY NO. 32747
MCLE Comp. No. IV-0004785, 3/2/12
96
VERIFICATION AND CERTIFICATION
I, _______________________, of legal age, after having been duly sworn in accordance with
law, depose and state that:
1. I am a petitioner in the above-stated case;
2. I caused the preparation of the foregoing petition;
3. I have read the contents thereof and the facts stated therein are true and correctof my
personal knowledge and/or on the basis of copies of documents and records in my possession;
4. I have not commenced any other action or proceeding involving the same issuesin the
Supreme Court, the Court of Appeals, or any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding is pendingin the
Supreme Court, the Court of Appeals, or any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has been filed or ispending
before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake
to report that fact within five (5) days therefrom to this Honorable Court.

___________________________

Affiant

SUBSCRIBED AND SWORN to before me this ___ day of __________ 200_ at

_________________ affiant exhibiting to me his ________

Doc. No. ;
Page No. ;
Book No. ;
Series of 200_.

IV. PETITION FOR THE ISSUANCE OF LETTERS OF ADMINISTRATION
97
a. Legal Basis or Applicable Rules
Rule 78, Rules of Court

Letters Testamentary and of Administration, When and to Whom Issued
Section 1. Who are incompetent to serve as executors or administrators. — No

person in competent to serve as executor or administrator who:
(a) Is a minor;
(b) Is not a resident of the Philippines; and
(c) Is in the opinion of the court unfit to execute the duties of the trust by reason
of drunkenness, improvidence, or want of understanding or integrity, or by
reason of conviction of an offense involving moral turpitude.
Section 6. When and to whom letters of administration granted. — If no executor

is named in the will, or the executor or executors are incompetent, refuse the trust,
or fail to give bond, or a person dies intestate, administration shall be granted:
(a) To the surviving husband or wife, as the case may be, or next of kin, or both,
in the discretion of the court, or to such person as such surviving husband or
wife, or next of kin, requests to have appointed, if competent and willing to
serve;
(b) If such surviving husband or wife, as the case may be, or next of kin, or the
person selected by them, be incompetent or unwilling, or if the husband or
widow, or next of kin, neglects for thirty (30) days after the death of the person
to apply for administration or to request that administration be granted to some
other person, it may be granted to one or more of the principal creditors, if may
be granted to one or more of the principal creditors, if competent and willing to
serve;
(c) If there is no such creditor competent and willing to serve, it may be granted to
such other person as the court may select.
Rule 79, Rules of Court

Opposing Issuance of Letters Testamentary. Petition and Contest for Letters of
Administration
98
Section 1. Opposition to issuance of letters testamentary. Simultaneous petition
for administration. — Any person interested in a will may state in writing the
grounds why letters testamentary should not issue to the persons named therein
as executors, or any of them, and the court, after hearing upon notice, shall pass
upon the sufficiency of such grounds. A petition may, at the time, be filed for letters
of administration with the will annexed.
Section 2. Contents of petition for letters of administration. — A petition for letters

of administration must be filed by an interested person and must show, so far as
known to the petitioner:
(a) The jurisdictional facts;
(b) The names, ages, and residences of the heirs, and the names and residences
of the creditors, of the decedent;
(c) The probable value and character of the property of the estate;
(d) The name of the person for whom letters of administration are prayed.
But no defect in the petition shall render void the issuance of letters of
administration.
Section 3. Court to set time for hearing. Notice thereof. — When a petition for
letters of administration is filed in the court having jurisdiction, such court shall fix
a time and place for hearing the petition, and shall cause notice thereof to be given
to the known heirs and creditors of the decedent, and to any other persons believed
to have an interest in the estate, in the manner provided in sections 3 and 4 of Rule
76.
Section 4. Opposition to petition for administration. — Any interested person may,

by filing a written opposition, contest the petition on the ground of the
incompetency of the person for whom letters are prayed therein, or on the ground
of the contestant's own right to the administration, and may pray that letters issue
to himself, or to any competent person or person named in the opposition.
Section 5. Hearing and order for letters to issue. — At the hearing of the petition,
it must first be shown that notice has been given as hereinabove required, and
thereafter the court shall hear the proofs of the parties in support of their respective
allegations, and if satisfied that the decedent left no will, or that there is no
competent and willing executor, it shall order the issuance of letters of
administration to the party best entitled thereto.
99
Section 6. When letters of administration granted to any applicant. — Letters of
administration may be granted to any qualified applicant, though it appears that
there are other competent persons having better right to the administration, if such
persons fail to appear when notified and claim the issuance of letters to
themselves.
b. Purpose
Petition for the Issuance of the Letter of Administration is a judicial mode of

settlement of estate of a deceased person. It is filed with competent court praying
that a Letter of Administration be issued to a competent person to administer the
estate of the deceased. However, the same can only be granted if:
a. no executor is named in the will;

b. the executor or executors are incompetent, refuse the trust, or fail to give
bond; or
c. A person died intestate.
c. Content/ Parts
Contents of petition for letters of administration:
a. The jurisdictional facts;

i. Death of testator;
ii. Where the deceased reside at time of death in the province where
probate court is sitting; or
iii. If he is an inhabitant of foreign country, his having left his estate in
such province
b. The names, ages, and residences of the heirs, and the names and residences
of the creditors, of the decedent;
c. The probable value and character of the property of the estate;
d. The name of the person for whom letters of administration are prayed.
But no defect in the petition shall render void the issuance of letters of
administration. [Sec. 2, Rule 79]
d. Who may File
As a rule, a petition for letters of administration must be filed by an interested

person. In order to be a party, a person must have material and direct and not one
that is only indirect or contingent interest.
Order of Preference:
100
(a) To the surviving husband or wife, as the case may be, or next of kin, or both,
in the discretion of the court, or to such person as such surviving husband
or wife, or next of kin, requests to have appointed, if competent and willing
to serve;
(b) If such surviving husband or wife, as the case may be, or next of kin, or the
person selected by them, be incompetent or unwilling, or if the husband or
widow, or next of kin, neglects for thirty (30) days after the death of the
person to apply for administration or to request that administration be
granted to some other person, it may be granted to one or more of the
principal creditors, if may be granted to one or more of the principal
creditors, if competent and willing to serve;
(c) If there is no such creditor competent and willing to serve, it may be granted
to such other person as the court may select.
Next of kin are those entitled by law to receive the decedent’s properties.
[Ventura v. Ventura, G.R. No. L-26306 (1988)]
However, Letters of Administration can only be granted to a person named in the

petition.
Incompetent to serve as executors or administrators.

(a) Is a minor;
(b) Is not a resident of the Philippines; and
(c) Is in the opinion of the court unfit to execute the duties of the trust by reason
of drunkenness, improvidence, or want of understanding or integrity, or by
reason of conviction of an offense involving moral turpitude.
Where to file
Jurisdiction (Batas Pambansa Blg. 129, as amended)
Jurisdiction MTC RTC

Outside Metro Manila Gross value of the estate Gross value of the estate
does not exceed does exceeds P300,000
P300,000
Within Metro Manila Gross value of the estate Gross value of the estate
does not exceed does exceeds P400,000
P400,000
Venue (Sec. 1, Rule 73, Rules of Court)

>If the decedents is an inhabitant of the Philippines at the time of his death,
whether a citizen or an alien, his letters of administration granted, and his estate
settled, in the court in the province in which he resides at the time of his death
101
>if he is an inhabitant of a foreign country, the Court of any province in which he
had estate.
The court first taking cognizance of the settlement of the estate of a decedent, shall
exercise jurisdiction to the exclusion of all other courts.
e. Grounds for filing the petition
a. no executor is named in the will;

b. the executor or executors are incompetent, refuse the trust, or fail to give
bond; or
c. A person died intestate. (Sec. 6, Rule 78 RoC)
f. Effects of the execution of the petition
• Court to set time for hearing. Notice thereof. — When a petition for letters
of administration is filed in the court having jurisdiction, such court shall fix a
time and place for hearing the petition, and shall cause notice thereof to be
given to the known heirs and creditors of the decedent, and to any other
persons believed to have an interest in the estate, in the manner provided in
sections 3 and 4 of Rule 76. (Sec. 3, Rule 79)
• Opposition to petition for administration. — Any interested person may, by

filing a written opposition, contest the petition on the ground of the
incompetency of the person for whom letters are prayed therein, or on the
ground of the contestant's own right to the administration, and may pray that
letters issue to himself, or to any competent person or person named in the
opposition. (Sec. 4, Rule 79)
• Hearing and order for letters to issue. — At the hearing of the petition, it
must first be shown that notice has been given as hereinabove required, and
thereafter the court shall hear the proofs of the parties in support of their
respective allegations, and if satisfied that the decedent left no will, or that there
is no competent and willing executor, it shall order the issuance of letters of
administration to the party best entitled thereto. (Sec. 5, Rule 79)
• When letters of administration granted to any applicant. — Letters of

administration may be granted to any qualified applicant, though it appears that
there are other competent persons having better right to the administration, if
such persons fail to appear when notified and claim the issuance of letters to
themselves. (Sec. 6, Rule 79)
102
• Bond to be given issuance of letters. Amount. Conditions. — Before an
administrator enters upon the execution of his trust, and letters administration
issue, he shall give a bond, in such sum as the court directs, conditioned as
follows:
1. To make and return to the court, within three (3) months, a true and
complete inventory of all goods, chattels, rights, credits, and estate of
the deceased which shall come to his possession or knowledge or to the
possession of any other person for him;
2. To administer according to these rules, and, if an executor, according to
the will of the testator, all goods, chattels, rights, credits, and estate
which shall at any time come to his possession or to the possession of
any other person for him, and from the proceeds to pay and discharge
all debts, legacies, and charges on the same, or such dividends thereon
as shall be decreed by the court;
3. To render a true and just account of his administration to the court within
one (1) years, and at any other time when required by the court;
4. To perform all orders of the court by him to be performed. (Sec. 1, Rule

81)
g. Case
JESUSA DUJALI BUOT vs ROQUE RASAY DUJALI

G.R. No.199885 October 02, 2017
FACTS:
Jesusa Dujali Buot filed for administration of estate of deceased Gregorio Dujali,
who died intestate. Buot alleged she was a surviving heir along with Roque Dujali,
and other heirs. Buot asked that (1) an administrator be appointed to preserve
Gregorio's estate; (2) a final inventory of the properties be made; (3) the heirs be
established; and (4) the net estate be ordered distributed in accordance with law
among the legal heirs.
Dujali, respondent, opposed and asked for dismissal, arguing Buot had no legal
capacity to institute the proceedings because she failed to attach any document,
such as a certificate of live birth or a marriage certificate, to prove her filiation. Buot
argued only ultimate facts should be included in an initiatory pleading. The
marriage certificate and certificate of live birth which Dujali demands are
evidentiary matters that ought to be tackled during trial.She attached a copy of the
necrological services program where she was listed as one of Gregorio's heirs, a
certification from the municipal mayor that she is Gregorio's child, and a copy of
103
the Amended Extrajudicial Settlement which includes both Buot and Dujali as
Gregorio's heirs. Notably, this Amended Extrajudicial Settlement pertained to
parcels of land not included in the list of properties annexed in Buot's petition.
The RTC sided with Dujali. It held that under the law, there are only two exceptions
to the requirement that the settlement of a deceased's estate should be judicially
administered: (1) extrajudicial settlement and (2) summary settlement of an estate
of small value. In this case, administration has been barred by the fact that
Gregorio's estate has already been settled extrajudicially as evidenced by the
Amended Extrajudicial Settlement. It also noted that Gregorio had no creditors
since Buot failed to allege it in her petition.
ISSUE:
Whether the RTC properly dismissed the petition on the ground that there has
already been anextrajudicial settlement of certain properties of the estate.
RULING:
When a person dies intestate, his or her estate may generally be subject to judicial
administrationproceedings. The exception is provided in Section 1 of Rule 74 of
ROC:
Sec. I. Extrajudicial settlement by agreement between heirs. - If the decedent left

no willand no debts and the heirs are all of age, or the minors are represented by
their judicial or legalrepresentatives duly authorized for the purpose, the parties
may, without securing letters ofadministration, divide the estate among themselves
as they see fit by means of a publicinstrument filed in the office of the register of
deeds, and should they disagree, they may do so in an ordinary action of partition.
If there is only one heir, he may adjudicate to himself the entire estate by means
of an affidavit filed in the office of the register of deeds. The parties to an
extrajudicial settlement, whether by public instrument or by stipulation in a pending
action for partition, or the sole heir who adjudicates the entire estate to himself by
means of an affidavit shall file, simultaneously with and as a condition precedent
to the filing of the public instrument, or stipulation in the action for partition, or of
the affidavit in the office of the register of deeds, a bond with the said register of
deeds, in an amount equivalent to the value of the personal property involved as
certified to under oath by the parties concerned and conditioned upon the payment
of any just claim that may be filed under Section 4 of this rule. It shall be presumed
that the decedent left no debts if no creditor files a petition for letters of
administration within two (2) years after the death of the decedent.
104
The fact of the extrajudicial settlement or administration shall be published
in a newspaper of general circulation in the manner provided in the next
succeeding section; but no extrajudicial settlement shall be binding upon
any person who has not participated therein or had no notice thereof
When the deceased left no will and no debts and the heirs are all of age,
the heirs may
divide the estate among themselves without judicial administration.
Section 1 of Rule 74, however, does not prevent the heirs from instituting
administration proceedingsif they have good reasons for choosing not to file
an action for partition. Since such proceedings arealways "long," "costly,"
"superfluous and unnecessary,” resort to judicial administration of casesfalling
under Section 1, Rule 74 appears to have become the exception rather than the
rule.
Where partition is possible, either in or out of court, the estate should not be
burdened with anadministration proceeding without good and compelling reasons.
What constitutes good reasondepends on the circumstances of each case. Buot’s
reasons do not qualify as good and compellingreason to submit Gregorio’s estate
to administration proceedings. That the extrajudicial settlementin this case did not
cover Gregorio's entire estate is not sufficient reason to order the administrationof
the estate.
h. Sample Form
Sample Petition for the Issuance of Letters of Administration
105
Branch 88, Quezon City
IN THE MATTER OF PETITION

FOR ISSUANCE OF LETTERS
OFADMINISTRATION
JUN JUN C. DELA CRUZ

Petitioner, SPECIAL PROCEEDINGS
CASE No. 9175485742
x--------------------------------------------------------x
PETITION
COMES NOW, the petitioner by and through the undersigned counsel and this
Honorable Court, most respectfully states:
1. That petitioner, who is of legal age, single, Filipino Citizen, and a resident of
1407 Commonwealth Avenue, Quezon City, Metro Manila, Philippines is the
LEGITIMATE CHILD of JUAN B. DELA CRUZ, decedent;
2. That on December 31, 2019, JUAN B. DELA CRUZ died without leaving any
will in the QUEZON CITY which was his residence at the time of his death.
3. That the names, ages, and residences of the surviving heirs of the
aforementioned deceased, are the following to wit:
106
Relation
Name Age to the Address
Deceased
MARIA C. DELA CRUZ 45 Wife 1407 Commonwealth Avenue,
Quezon City, Metro Manila,
Philippines
JUANA C. DELA CRUZ 21 Daughter 1407 Commonwealth Avenue,
Philippines
LIIT C. DELA CRUZ 20 Son 1407 Commonwealth Avenue,
Philippines
4. That the deceased JUAN B. DELA CRUZ, during his marriage with the above-
named MARIA C. DELA CRUZ, acquired real and personal property,
particularly described as follows, to wit:
Probable
Real Properties Location
Value
Residential House Commonwealth Ave, Quezon
P 1,500,000.00
and Lot City
Commercial Building
Pasay City P 6,000,000.00
with Lot
Personal
Location Probable Value
Properties
Toyota Fortuner Commonwealth Ave, Quezon
P 2,000,000.00
2018 City
Commonwealth Ave, Quezon
Ford Mustang 2019 P 12,000,000.00
City
5. That as far as the petitioner knows, the following are the names of the creditors
of the decedent, to wit:
AMOUNT OF
NAME ADDRESS
CREDIT
MANNY E. Rodriguez Jr., Pasig City P50,000.00
NINGIL
JUDITH NA Xeroxville, Parañaque City P70,000.00
107
6. That the herein petitioner, as one of the legal heirs of the deceased, JUAN B.
DELA CRUZ, had on several occasions, requested his mother, MARIA C.
DELA CRUZ, 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 mother refused to do so, without any justifiable
reason;
7. That the said wife,MARIA C. DELA CRUZ is managing and controlling the
estate of the deceased to her own advantage and to the advantage, 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 his death
will likely diminished, if not entirely perish;
8. That the petitioner, as the eldest son of the deceased is competent and willing
to act as such administrator of the estate of the deceased;
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this Honorable

Court, that after due notice and hearing:
a. That letters of administration be issued to the petitioner for the administration

of the estate of the deceased JUAN B. DELA CRUZ, upon giving of a bond in
such reasonable sum as this Honorable Court may fix;
b. 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 of the deceased, all in accordance with law;
108
c. That such other reliefs and remedies which may be just and equitable under
the circumstances are likewise prayed for.
Quezon City, Philippines. February 20, 2020.
Respectfully submitted.
ATTY. JOHN LESTER TAMAYO

16B Malanting Street, Quezon City, Metro Manila, Philippines
PTR NO. 888888 – 1/12/18
IBP NO. 7894645 – 12/16/18
ROLL NO. 484561May 25, 2018, Baguio City
MCLE Compliance Certificate No.II-015748
REPUBLIC OF THE PHILIPPINES)
QUEZON CITY:::::::::::::::::::::::::::) S.S.
x----------------------------------------------x
109
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, JUN JUN C. DELA CRUZ, of legal age, single, Filipino Citizen and a resident of
1407 Commonwealth Avenue, Quezon City, Metro Manila, Philippines, after having been
duly sworn to in accordance with law, do hereby depose and state:
1. That I am the petitioner in the above-entitled case;
2. That I personally caused the preparation of the foregoing petition;
3. That I have read and understood the contents of the foregoing petition and the
allegations therein are true and correct to the best of my personal knowledge
and belief based on authentic documents;
I FURTHER CERTIFY THAT:

a. I have not commenced any proceeding involving the same issues before
the Supreme Court, Court of Appeals, Regional Trial Court, or any other
Government Agency or Tribunal;
b. To the best of my knowledge, no such action is pending before the Supreme

Court, Court of Appeals, or any other Government Agency or Tribunal;
c. If there be any similar action before the Supreme Court, Court of Appeals,
or any other Government Agency or Tribunal, I undertake to report the same
within five (5) days to the court where the original action and certification
referred to herein has been filed.
IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of February
2020, at Quezon City, Philippines.
JUN JUN C. DELA CRUZ

Affiant
110
SUBSCRIBED AND SWORN to before me in the Quezon City this 20th day of
February 2020, by JUN JUN B. DELA CRUZ, who has satisfactorily proven his identity
to me through his Professional Identification Cardissued by thePRC bearing his
photograph and signature, that he is the same person who personally signed the
foregoing document before me and acknowledged that he executed the same.
WITNESS MY HAND AND SEAL this 20th day of February 2020in Quezon
City, Philippines.
ARISTOTLE LUBOS
Notary Public
Until December 31, 2016
PTR NO. 819105 – 1/10/13
IBP NO. 4561235 – 12/16/12
ROLL NO. 46545 May 3, 2012, Quezon City
MCLE Compliance Certificate No.
II-00244558. DEC. 12, 2015
Doc. No. ____

Page No.____
Book No.____
Series of 2020
111
Arellano University
School of Law

for the subject:

Submitted By:
GROUP 4
Coronel, Nikki Manuel

Information for the Crime of Murder
Dipay, Eric
Warrant of Arrest
Tapoc, Enn Arr A.

Search Warrant
Castillo, Charlotte Grace V.

Affidavit of Desistance
112
TABLE OF CONTENTS
IX. Information for the Crime of Murder 1

a. Definition
b. Purpose
c. Formal Requisites of an Information
d. Contents
e. Who may file
f. Who may prosecute criminal actions
g. Where to file
h. Effect of filing
X. Warrant of Arrest 3
a. What is a warrant of arrest
b. What is the purpose of issuing warrant of arrest
c. How arrest is being made
d. What are the rules in making an arrest
e. What are the duties of an officer making an arrest
f. What are the steps in making an arrest
g. When warrantless arrests are valid
XI. Search Warrant 5

a. Definition
b. Constitutional Basis
c. Requisites
d. Venue
e. Duties of officers and issuing judge
XII. Affidavit of Desistance 7

a. Definition
b. Legal Basis
c. Purpose
d. Contents / Parts
e. Who are the parties
f. When to execute
g. Where to file
h. Effects
XIII. Annexes – Sample Forms
ANNEX A - INFORMATION FOR THE CRIME OF MURDER

ANNEX B - WARRANT OF ARREST
ANNEX C-1 - APPLICATION FOR SEARCH WARRANT
ANNEX C-2 - SEARCH WARRANT
ANNEX C-3 - RETURN / COMPLIANCE OF SEARCH WARRANT
ANNEX D - AFFIDAVIT OF DESISTANCE
113
Criminal Action, defined: 4. the name of the offended party;
“A criminal action is one by which the State 5. the approximate date of the
prosecutes a person for an act or omission commission of the offense; and
punishable by law.” 6. the place where the offense was
committed.7
- Rule 1 Sec 3 (b) Rules of Court
Who may File:

Filing of Information in Court
1. City or Provincial Prosecutors and
their assistants
Definition 2. Duly appointed special prosecutors
An information is an accusation in writing
charging a person with an offense, subscribed “An Infirmity in the Information such as lack
by the prosecutor and filed with the court.5 of Authority of the officer signing it, cannot
be cured by silence, acquiescence, or even
express consent.”8
Purpose:
1. To institute a criminal action upon finding
of probable cause after preliminary Who may Prosecute Criminal Actions:
investigation, or in the case of a lawful General Rule: “All criminal actions
warrantless arrest, after the conduct of commenced by a complaint or information
inquest proceedings. shall be prosecuted under the direction and
2. To inform the accused of the nature of control of the prosecutor.”9
the accusation against him so as to enable
him to suitably prepare his defense.6
Exceptions:
Formal Requisites of an Information: Offenses or crimes that cannot be

prosecuted de officio:
1. In Writing
2. Charge a person with an offense 1. Adultery and Concubinage
3. Subscribed by the Prosecutor 2. Seduction, Abduction, and Acts of
4. Filed in Court Lasciviousness
3. Criminal actions for defamation
imputing the abovementioned
Contents: offenses.10
1. Name of the Accused;
2. Designation of the Offense given by Where to file:
the Statute;
3. the acts or omissions complained of (a) Subject to existing laws, the criminal
as constituting the offense; action shall be instituted and tried in the court

5 8
Sec 4 Rule 110 Rules of Court Miaque vs Patag, GR No. 170609-13, Jan. 3, 2009
6 9
People vs Dimaano, G.R. No. 168168, September Sec. 5 Rule 110 Rules of Court
10
14, 2005 Id.
7
Sec 6 Rule 110 Rules of Court
1
of the municipality or territory where the
offense was committed or where any of its
essential ingredients occurred.
(b) Where an offense is committed in a train,
aircraft, or other public or private vehicle
while in the course of its trip, the criminal
action shall be instituted and tried in the court
of any municipality or territory where such
train, aircraft or other vehicle passed during
such its trip, including the place of its
departure and arrival.
(c) Where an offense is committed on board
a vessel in the course of its voyage, the
criminal action shall be instituted and tried in
the court of the first port of entry or of any
municipality or territory where the vessel
passed during such voyage, subject to the
generally accepted principles of international
law.
(d) Crimes committed outside the Philippines
but punishable under Article 2 of the Revised
Penal Code shall be cognizable by the court
where the criminal action is first filed.11
“In criminal cases, venue is jurisdictional in

that a court cannot exercise jurisdiction over
a person charged with an offense committed
outside its limited territory. As such, when it
becomes apparent that the crime was
committed outside the territorial jurisdiction
of the court, the case must be dismissed for
want of jurisdiction.”12
Effect of filing:
“The institution of the criminal action shall
interrupt the running period of prescription of
the offense charged unless otherwise
provided in special laws.”13

11 13
Section 15 Rule 110 Rules of Court Sec 1 Rule 110 Rules of Court
12
Treñas v. People, 680 Phil. 368, 380
(2012) citing Isip v. People, 552 Phil.
786, 801-802 (2007)
2
What is a Warrant of Arrest? What are the steps in the execution of the
An arrest warrant is an official document, warrant of arrest?
signed by a judge, which authorizes a police 1. When should a warrant be executed:
officer to arrest the person or people named Within 10 days from its receipt
in the warrant. It has to meet the requisites 2. Who shall cause the execution of the
according to the law to be considered valid. warrant:
The person arrested will be bound to answer The head of the office to whom the
for the offense committed. warrant of arrest was delivered
3. Duty of the officer assigned to
What is the purpose of issuing a warrant execute the warrant:
of arrest? Within 10 days after the expiration of
In order that a person may be bound to the period, he shall make a report to
answer for the commission of an offense. the judge who issued the warrant, and
In case of his failure to execute the
Requisites: warrant, he shall, in his report, state
1. Probable cause the reason therefore.
2. Determined personally by the judge When are warrantless arrests valid?
3. After examination under oath or 1. When in the presence of arresting
affirmation of the complainant and officer or private person, the person to
the witnesses he may produce be arrested:
a. Has committed,
4. Particularly describing the person/s to b. Is actually committing, or
be seized.14
c. Is attempting to commit a crime,
2. When:
How is arrest being made? a. The offense has just been
1. By actual restraint of the person to be committed, and
arrested, or b. The arresting officer has probable
2. By the submission of such person to cause to believe, based on
the custody of the person making the personal knowledge of facts or
arrest. circumstances that the person to
be arrested has committed it;
What are the duties of an officer who 3. When the person to be arrested:
arrests a person? a. Is a prisoner who has escaped
At the time a person is arrested, it shall be the from a penal establishment or
duty of the arresting officer to inform of the place where he is serving
reason for the arrest and to show him the judgment, or
arrest warrant, if any. To inform him of his b. Is temporary confined while his
constitutional rights to remain silent and to case is pending, or
counsel, and that any statement he might c. Has escaped while being
make could be used against him. To inform transferred from one confinement
his of his right to communicate with his to another;
lawyer, a relative, or anyone he chooses by 4. When person lawfully arrested:
the most expedient means- by telephone if a. Escaped, or
possible or by letter or messenger. b. Is rescued;

14
Section 2, Article III of 1987 Constitution
3
5. For the purpose of surrendering the
accused who is out on bail;
6. When an accused released on bail
attempts to depart from the
Philippines without permission of the
court where the case is pending.
What is the procedure in making a
warrantless arrest?
1. Persons authorized to make
warrantless arrests:
a. A police officer or peace officer,
or
b. Any private person
2. Procedure after arrest is made under
paragraph a and b
a. The person arrested without a
warrant shall be delivered to the
nearest police station or jail, and
b. He shall be proceeded against in
accordance with Section 6 of Rule
112.
4
SEARCH WARRANT them and attach to the record their sworn
Definition statements, together with the affidavits
A search warrant is an order in writing submitted.
issued in the name of the People of the
Philippines, signed by a judge and directed to Searching questions are those not merely
a peace officer, commanding him to search answerable by yes or no but could be
for personal property described therein and answered by the applicant and the
bring it before the court.15 witnesses on facts personally known to
Constitutional Basis them.
Section 2, Article III of 1987 Constitution
provides that the right of the people to be 3. It must be issued after examination,
secure in their persons, houses, papers, and under oath or affirmation, of the
effects against unreasonable searches and complainant and the witnesses he may
seizures of whatever nature and for any produce
purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except If the Judge is satisfied of the existence of
upon probable cause to be determined facts upon which the application is based
personally by the judge after examination or that there is probable cause to believe
under oath or affirmation of the complainant that they exist, he shall issue the warrant,
and the witnesses he may produce, and which must substantially in the form
particularly describing the place to be prescribed in the Rules of Court.
searched and the persons or things to be
seized. 4. The warrant must particularly describe
the place to be searched and the things
Requisites for Search Warrant to Issue: to be seized
1. There must be a probable cause A designation or description that points

out the place to be searched to the
Probable cause are facts and exclusion of all others, and on inquiry
circumstances which would lead a unerringly leads the peace officer to it,
reasonable discreet and prudent man to satisfies the constitutional requirement of
believe that there has been a crime definiteness.16
committed and the things and objects
connected to the crime committed are in The purpose of this requirement is to limit
the place to be searched; the things to be seized to those, and only
those, particularly described in the search
2. The probable cause must be determined warrant, and leave the officers of the law
personally by the Judge with no discretion regarding what articles
they should seize, to the end that
The Judge must personally examine in the unreasonable searches and seizures and
form of searching questions and answers abuses may not be committed.
the complainant and the witnesses he may
produce on facts personally known to

15 16
Section 1, Rule 126, Rules of Court People vs. Tee, G.R. Nos. 140546-47, 20 January
2003; OCA Circular No. 40-2016
5
Application for Search Warrant shall be § The warrant must direct that it be served
filed before: in the day time. However, if the affidavit
asserts that the property is on the person
(a) Any court within whose territorial or in the place ordered to be searched, a
jurisdiction a crime was committed; or for direction may be inserted that it be served
compelling reasons stated in the at any time of the day or night.
application,
(b) Any court within the judicial region (SEE ANNEX “C-2” FOR SAMPLE
where the crime was committed if the SEARCH WARRANT)
place of the commission of the crime is
known; or Duties of the Officers After Executing the
(c) Any court within the judicial region Search Warrant
where the warrant shall be imposed.
§ The officer seizing the property under the
Note: If the criminal action has already been warrant must give a detailed receipt for
filed, the application shall only be made in the same to the lawful occupant of the
the court where the criminal action is premises in whose presence the search
pending. and seizure were made; or
Contents of Search Warrant In the absence of such occupant, must, in

(a) Heading; the presence of at least two witnesses of
(b) Parties sufficient age and discretion residing in
(c) Title; the same locality, leave a receipt in the
(d) Body; place in which he found the seized
(e) Date and Place of Issuance; and property.
(f) Name and Signature of the Issuing Judge.
§ The officer must forthwith deliver the
property seized to the Judge who issued
(SEE ANNEX “C-1” FOR SAMPLE the warrant, together with a true
APPLICATION FOR SEARCH inventory thereof duly verified under
WARRANT) oath.
The properties subject of seizure are:
(SEE ANNEX “C-3” FOR SAMPLE
(a) Subject of the offense; COMPLIANCE/RETURN OF SEARCH
(b) Stolen or embezzled property and other WARRANT)
fruits or proceeds of the offense; and
(c) Property used or intended to be used as a
means for the commission of an offense. Duty of the Issuing Judge of the Search
Warrant
Validity and Time of Making Search:
§ Summon the person to whom the warrant
§ A search warrant shall be valid for ten was issued and require him to explain if
(10) days from its date, thereafter, the after ten (10) days of issuing the same, no
same shall be void. return has been made;
6
§ If return has been made, ascertain
whether the rule on receipt of property
seized has been complied with; and
§ Require that the property seized be
delivered to him together with the true
inventory of the same duly verified under
oath.
Note: The return of the search warrant shall

be filed and kept by the custodian of the log
book on search warrants who shall enter
therein the date of the return, the result, and
other action of the Judge.
7
AFFIDAVIT OF DESISTANCE the offended party or her parents,
grandparents, or guardian, nor, in any case,
Affidavit of Desistance is a document if the offender has been expressly pardoned
where the complainant states that he/she by the above named persons, as the case may
does not intend to institute the case and be.
he/she is no longer interested in In cases of seduction, abduction, acts of
prosecuting or testifying in court. lasciviousness and rape, the marriage of the
offender with the offended party shall
LEGAL BASIS extinguish the criminal action or remit the
Article 23. Effect of pardon by the offended penalty already imposed upon him. The
party. - A pardon by the offended party does provisions of this paragraph shall also be
not extinguish criminal action except as applicable to the co-principals, accomplices
provided in article 344 of this Code; but civil and accessories after the fact of the above-
liability with regard to the interest of the mentioned crimes.19
injured party is extinguished by his express
waiver. 17 PURPOSE
The purpose of an affidavit of desistance is to
Article 36. Pardon; its effect. - A pardon inform the court of the complainant’s
shall not work the restoration of the right to intention not to pursue the case.
hold public office, or the right of suffrage,
However, it is not a ground for dismissal of
unless such rights be expressly restored by the case except when the prosecution can no
the terms of the pardon. longer prove the guilt of the accused beyond
A pardon shall in no case exempt the culprit reasonable doubt without the testimony of the
offended party.20
from the payment of the civil indemnity
imposed upon him by the sentence.18 CONTENTS
1. Heading
Art. 344. Prosecution of the crimes of 2. Title – Affidavit of Desistance
adultery, concubinage, seduction, 3. Commencement
abduction, rape and acts of 4. Averments
lasciviousness. — The crimes of adultery and 5. Statement of Truth
concubinage shall not be prosecuted except 6. Affiant’s signature
upon a complaint filed by the offended 7. Jurat
spouse.
8. Notary Public
The offended party cannot institute criminal
prosecution without including both the guilty (See Annex D for the sample form)
parties, if they are both alive, nor, in any PARTIES
case, if he shall have consented or pardoned The private complainant is the affiant in an
the offenders. affidavit of desistance.
The offenses of seduction, abduction, rape or WHERE TO FILE
acts of lasciviousness, shall not be
prosecuted except upon a complaint filed by

17 19
Revised Penal Code Ibid
18 20
Ibid. Victoriano vs. People
8
It should be filed with the Office of the City Pardon in a private crime or one which cannot
Prosecutor. be prosecuted except upon a complaint filed
by the aggrieved party, is not a mode
EFFECTS extinguishing criminal liability. It merely
Effect of Affidavit of Desistance in bars criminal prosecution.
Criminal Case In the case of Victoriano vs. People, the
Supreme Court stated that "As a rule, a
It does not bar the prosecution of the recantation or an affidavit of desistance is
criminal action but it operates as a waiver of viewed with suspicion and reservation.
the right to pursue civil indemnity. Jurisprudence has invariably regarded such
It has been consistently held by the Supreme affidavit as exceedingly unreliable, because it
Court that an Affidavit of Desistance is not a can easily be secured from a poor and
mode of extinguishment of criminal liability. ignorant witness, usually through
After an action has been filed in court, the intimidation or for monetary consideration.
private complainant had lost the right or Moreover, there is always the probability that
absolute privilege to decide whether the it would later on be repudiated, and criminal
charge should proceed since the case had prosecution would thus be interminable."
already reached the court and must therefore
continue to be heard by it.
9
1
ANNEX A
Makati City Branch 12345
PEOPLE OF THE PHILIPPINES,

Plantiff,
-versus- CRIMINAL CASE NO. 12345

FOR: MURDER
JUAN DELA CRUZ

Accused,
x-----------------------------------------x
INFORMATION
The undersigned City Prosecutor hereby accuses Juan Dela Cruz of the crime of murder,
defined and penalized under ART. 248 of the Revised Penal Code, committed as follows:
That on or about the 12th day of September, 2019, in the City of Makati,
and within the jurisdiction of this Honorable Court, the said accused,
while serving as domestic helper in the household of PEDRO
BAUTISTA, with treachery and evident premeditation, and with great
abuse of confidence, did then and there willfully, unlawfully and
feloniously, attack, assault, and stab his employer Pedro Bautista, with
a knife, while the latter was asleep in the master’s bedroom alone, to
insure that there would not be any risk to himself, inflicting upon said
employer fatal wounds in the chest and the head which caused the direct
death of said Pedro Bautista.
CONTRARY TO LAW.
Makati City, Philippines, September 13, 2019
JOSE SANTOS
City Prosecutor
WITNESSES:
1. Lukas Balagtas
20 Block 4 Henry St. Makati City
2. Tomas Martin
34 Phase 5 Pluto St. Makati City
2
CERTIFICATION
I hereby certify that the forgoing information is filed pursuant to Rules of Criminal
Procedure, the accused not having opted to avail himself of his right to preliminary investigation
and not having executed a waiver pursuant to the Revised Penal Code. I further certify that this
information is being filed with the prior authority of the City Prosecutor.
Makati City, Philippines
JOSE SANTOS
City Prosecutor
SUBSCRIBED AND SWORN to before me this 13th day of September, 2019 in Makati
City, Philippines.
Timoteo Reyes
City Prosecutor
3
ANNEX B
4
ANNEX C – 1
APPLICATION FOR SEARCH WARRANT

BRANCH ____, MANILA
PEOPLE OF THE PHILIPPINES

Plaintiff
SEARCH WARRANT NO._____
-versus- FOR:
XXX
x------------------------------------------x
APPLICATION FOR SEARCH WARRANT
The Applicant, ____________________ of the ________________________,

____________________, after having been duly sworn, states:
That on _________., __________ personally appeared to the office of ________________ and

reported that SUBJECT OF S.W, located at __________________________________ is engaged in the
illegal operation of _______________________________; (See Photos and Sketch as Annex “A”).
That relative to the said information, at around ________, the informer and _________ together
with the undersigned conducted investigation and surveillance operation at ___________________,
located at _____________________________, __________. The undersigned together with
____________ and _____________ inquires to the said office about _______________.
That on the said occasions, SUBJECT OF S.W, disclosed that they are (illegal activities). (See
photos & sketch and See Attached Calling Card, List of Requirements, Studio Romano Job Order
Form & MTC Job Information as Annexes “B” - “C”)
(modus operandi).
Further, investigation conducted disclosed that _________________________.
5
On the ensuing investigation, SUBJECT OF SW, ________________found to be engaged in the
operation of illegal activities;
That on the said investigation and surveillance operation the undersigned confirmed and believes
that SUBJECT OF SW and/or any of its Officer, Agents, employees of
_____________________________________, __________ is indeed engaged in
________________________despite the fact that the said office is ________________and is not licensed
to __________________.
The properties, articles, objects and items which are used and/or intended to be used in the
commission of the afore-stated offense in the possession of the SUBJECT OF S.W includes the
following:
a. Leads
b. ....
The undersigned has personally verified the report thru surveillance and investigation activities
together with _________________ and _______________, to ascertain the veracity thereof and found the
same to be true and correct;
PRAYER
WHEREFORE, the Undersigned respectfully prays:
a. That the Honorable Court include in the Search Warrant and express authority to conduct the raid
of the above-mentioned premises at any time of the day or night including SATURDAYS and
SUNDAYS considering that these are the days when the customer traffic are at its peak and to
break open the premises to be searched should the owner thereof refuse entry in the premises or is
absent therein.
b. That this Honorable Court cause the immediate issuance of a Search Warrant commanding any
Peace Officer to conduct a search on the above-described premises and to seize the above-
described items to be dealt with as the law directs;
(Date), (Place).
________________
Applicant
SUBSCRIBED AND SWORN TO before me this _______ day of _____________, ______.
______________________
Presiding Judge
6
CERTIFICATION AND VERIFICATION
I, THE UNDERSIGNED, under oath, depose and say that:
1. I am the applicant in the above-entitled application for Search Warrant;
2. I personally caused the preparation of the foregoing application for Search Warrant and have
read its content and the allegations therein, which are true and correct to my own personal
knowledge and belief.
3. I further certify that (a) I have not therefore commenced or filed any application for a Search
Warrant involving the same issues in any court, tribunal or quasi-judicial agency and to the
best of my knowledge, no such other application for Search Warrant is pending therein; (b) If
there is such other pending Application for Search Warrant, I will therefore inform this
Honorable Court of the present status thereof; (c) If I should thereafter learn that the same and
similar application for Search Warrant has been filed or its pending , I shall report that fact
within five (5) days there from to this Honorable Court, wherein the aforesaid application for
Search Warrant has been filed.
____________________
Applicant
Date: ___________________
7
ANNEX C-2
SEARCH WARRANT
Branch 150
Makati City
- versus - Crim. Case No. ______
XY,
Accused.
x----------------------------------------x
SEARCH WARRANT
TO ANY PEACE OFFICER:
Greetings:
It appearing to the satisfaction of the undersigned, after examining under

oath (name of applicant) and his witness (name of witness) that there is probable
cause to believe that (describe the act charged) has been committed or is about to be committed and
that there are good and sufficient reasons to believe that (name of person or persons to be searched)
has in his possession or control in (describe premises) in (name of street) district of
_______________, (name property subject of the offense; or stolen or embezzled and other proceeds
or fruits of the offense; or used or intended to be used as the means of committing an offense which
should be seized and brought to the undersigned). (Cancel description not applicable)
You are hereby commanded to make an immediate search at any time in the day (or night) of
the premises above described and forthwith seize and take possession of the following personal
property, to wit:
________________________________________
________________________________________
________________________________________
8
(give complete and detailed description of the property to be seized)
and bring said property to the undersigned to be dealt with as the law directs.
Witness my hand this ______ day of ______________, at _________________, Philippines.
________________________
Judge, RTC of _______
9
ANNEX C-3
COMPLIANCE/RETURN OF SEARCH WARRANT
__________________________
Branch __
______________________
PEOPLE OF THE PHILIPPINES

Plaintiff
Versus
Search Warrant no._______________
For violation of __________________
__________________________
Respondents
X------------------------X
COMPLIANCE/RETURN OF SEARCH WARRANT
Comes now, the undersigned applicant, ________________________of the

________________________ and unto this Honorable court, respectfully return the herein original copy
of the Search Warrant No. _____________ issued by the Honorable Presiding Judge ______________,
Branch ___, RTC____ for violation of ______________________. (Attached hereto as annex “A” is
the original copy of Search Warrant No. _____________) and manifest the following:
That at about ___________ of _____________, elements of the

___________________________________________________ led by the undersigned implemented the
search warrant no. _____________ at the premises of
______________________________________________ located at _______________.
That as a result thereof, the following items/articles which are subjects of the search warrant were
confiscated/seized under proper receipt as follows;
That the raid was conducted in a legally, peacefully and orderly manner and in the presence of
Two (2) Barangay Officials namely: Brgy Kagawad ____________________________ and Brgy
Executive Officer _______________________________________ both of ___________________. A
corresponding receipt of the evidence confiscated was furnished to the representative of
_________________. The registered owner of _____________________, was not around during the raid,
however, was represented by ______________________, the office administrator. (Attached hereto as
annex “B” is a copy of Receipt of Evidence Confiscated and a Certification of Orderly Execution of
Search Warrant as annex “C’)
10
WHEREFORE, it is most respectfully prayed to this Honorable Court that the return of the
Original Search Warrant No. ______________ and its annexes together with the seized items be accepted.
LIKEWISE, it is respectfully prayed that the undersigned be authorized by this Honorable Court
or grants the ______________________ to conduct Forensic Examination on the seized computers and
other electronic devices for evidentiary purposes.
Other relief’s just and equitable in the premises, are likely prayed for.
Done this ____ day of _____ 20__, City of ______________, Philippines.
_______________________
Applicant/Team Leader
SUBSCRIBED AND SWORN to before me this ___ day of ______ 20__ at City of Manila,
Philippines.
_________________
Presiding Judge
11
ANNEX D
Province of_________________) S.S.
City/Municipality of ____________)
x––––––––––––x
AFFIDAVIT OF DESISTANCE
I,__________, of legal ages, Filipino,(single / married / widow), and a resident of

____________, Philippines, after having been duly sworn in accordance with law, hereby depose and
say:
1. That I am the private complainant in the criminal case entitled “____________”; for Theft docketed
as____________before___________Trial Court, Branch _____,__________City, Philippines;
2. That I found out that the said accused at the time of the incident was not in his right mind and did
not know that what he was doing was wrongful and criminal considering that he was suffering from
Schizophrenia, Paranoid Type in acute exacerbation as certified to by
Dr.____________of____________;
3. That the items taken by the accused, consisting of____________and____________were
immediately recovered from him and their values had been voluntarily reimbursed by the relatives of
the said Accused;
4. In view of the foregoing, I finally manifest that I now completely and absolutely exonerate the
accused__________from any liability in connection with the above-mentioned criminal case and that
I am no longer interested, and I hereby desist, in prosecuting the said criminal case;
5. That I execute this Affidavit of Desistance so that the above-mentioned criminal case be
immediately dismissed and considered finally closed and the bond posted by the herein accused be
released to him;
6. As such, I am respectfully praying that the aforementioned case against the Accused____________
be dismissed and finally closed.
IN WITNESS WHEREOF,I have hereunto set my hand this____________at__________City,
Philippines.
AFFIANT’S SIGNATURE
AFFIANT’S NAME
SUBCRIBED AND SWORN TO before me this at Makati City, Philippines. I hereby certify
that I have examined the affiant personally and that he voluntarily executed his affidavit and understood
the same.
____________________________
PUBLIC PROSECUTOR
Arellano University
12
School of Law

for the subject:
Submitted By:
GROUP 5
De Leon, Nathan
Promissory Note — with and without Interest
Chua, Al Anthony
Bills of Exchange and Checks
Hernandez, Aizel Angelique

Secretary’s Certificate
Custodio, Reyna
Board Resolution Approving Declaration of Dividends
13
I. PROMISSORY NOTE — WITH AND WITHOUT
INTEREST
A. Nature of the Document or Form
A promissory note is essentially a written contract whereby one party unconditionally obligates
himself to pay another party a sum certain at a later date. It can be used in lieu of cash as agreed
upon by the parties in order to discharge an obligation to pay, such as when one party is short on
cash at the moment, to encourage commercial transactions. A negotiable promissory note means
the payment can be made to whoever bears the note, who acquires possession thereof through
indorsement or delivery, as the case may be.
B. Legal Basis
The format and usage of negotiable promissory notes is governed by the Negotiable Instruments
Law, Act. No. 2031.
Sec. 184. Promissory note, defined. – A negotiable promissory note within the meaning of
this Act is an unconditional promise in writing made by one person to another, signed by the
maker, engaging to pay on demand, or at a fixed or determinable future time, a sum certain
in money to order or to bearer. Where a note is drawn to the maker's own order, it is not
complete until indorsed by him.
Other elements of validity and negotiability are discussed in Secs. 1 through 50 and are also
applicable to bills of exchange and other negotiable papers. Rights and liabilities of parties are
discussed in Secs. 51 through 69, while presentation, dishonor, and discharge are covered in
Secs. 70 through 125.
If the promissory note is not negotiable due to defects or intent, general provisions of the New Civil
Code are applied suppletorily, particularly those on Obligations and Contracts, Sales, Credit
Transactions, and others, inasmuch as they relate to the obligation to pay encapsulated in the
promissory note.
C. Grounds
As a simple contract, it is perfected by mere consent on the basis of the payor’s unilateral and
unconditional promise to pay and the payee’s receipt thereof. It is not a mandatory form, as cash or
other commercial papers can be used as payment for a wide variety of transactions, but the
promissory note can be considered a simple type of loan agreement, which can be further altered
into other forms for credit transactions as needed, such as by securing it with a mortgage. As such,
there are no strict grounds for its commercial use.
14
D. Contents
A negotiable promissory note contains the following elements, as stated in the Negotiable
Instruments Law:
Sec. 1. Form of negotiable instruments. – An instrument to be negotiable must conform to

the following requirements:
(a) It must be in writing and signed by the maker or drawer;
(b) Must contain an unconditional promise or order to pay a sum certain in money;
(c) Must be payable on demand, or at a fixed or determinable future time;
(d) Must be payable to order or to bearer; and
(e) Where the instrument is addressed to a drawee, he must be named or otherwise
indicated therein with reasonable certainty.
Interest may be applied to the sum payable as stated in the note, which can run from a specified
date or from the date indicated or date of issue of the note if ambiguous.
In relation to the case of KT Construction Supply, Inc., v. PSBank, an acceleration clause is one of
the permissible additions to the promissory note, whereby the whole value of the note becomes
immediately due and demandable in the event that the payor is unable to comply with stated
installments as scheduled in the note.
E. Who May and When to File
As a simple contract, there are no particular rules on who may execute a promissory note and
when, apart from the general provisions of the New Civil Code on juridical capacity, capacity to act,
and validity of contracts.
F. Where to File
As a commercial paper that is the sole and best evidence of the contract, it is kept in the
possession of the bearer or payee for security. As a private document, it need not be notarized or
filed with any registry of civil records.
G. Effects
A promissory note can be executed on its own or in fulfillment of a separate obligation. By itself, if
binds the payor to pay the payee or bearer as a unilateral obligation similar to a donation. In
conjunction with another obligation, it serves to fulfill the payor’s reciprocal obligation to the payee
or bearer for sales or services, essentially extinguishing the main contract by fulfillment and
replacing it with a subsequent contract.
15
H. Sample Form
16
II. BILL OF EXCHANGE AND CHECKS
Although they do not constitute legal tender, they are used as a substitute for money. Negotiable
papers, particularly checks, constitute, at the present, the media of exchange for most commercial
transactions.
B. Legal Basis
These are governed by the Negotiable Instruments Law (Act No. 2031) and B.P. 22 or the
Bouncing Checks Law.
i) Negotiable Instruments Law
Sec. 126. Bill of exchange, defined. – A bill of exchange is an unconditional order in writing
addressed by one person to another, signed by the person giving it, requiring the person to
whom it is addressed to pay on demand or at a fixed or determinable future time a sum
certain in money to order or to bearer.
Sec. 185. Checks, defined. – A check is a bill of exchange drawn on a bank payable on
demand. Except as herein otherwise provided, the provisions of this Act applicable to a bill of
exchange payable on demand apply to a check.
Sec. 1. Form of negotiable instruments. – An instrument to be negotiable must conform to

the following requirements:
(a) It must be in writing and signed by the maker or drawer;
(b) Must contain an unconditional promise or order to pay a sum certain in money;
(c) Must be payable on demand, or at a fixed or determinable future time;
(d) Must be payable to order or to bearer; and
(e) Where the instrument is addressed to a drawee, he must be named or otherwise
indicated therein with reasonable certainty.
ii) B.P. 22 or The Bouncing Checks Law

A check often serves as a substitute for money. It allows transactions to proceed without money
actually switching hands. This law punishes the issuance of “worthless” checks. These checks are
deemed to have pernicious effects on the integrity of banking and other financial transactions and
therefore, injurious to public interest.
The following essential elements must be present in order to be liable under BP 22:
17
(1) the person accused of violating the law makes, draws or issues any check for account
or for value;
(2) he has knowledge at the time he issued the check that he does not have sufficient
funds in or credit with the drawee bank for the payment of the check when presented
for payment; and,
(3) the drawee bank dishonors the check because of insufficiency of funds, or it would
have dishonored the check for the same reason if the issuer did not order the bank to
stop payment for no valid reason.
The law presumes that the issuer knew of the insufficiency of his funds if the check is dishonored
within 90 days from the date of the check. This presumption is overcome only if the issuer pays or
makes arrangements for payment of the full amount of the check within five banking days after
receiving a notice of its dishonor. Further, there must be proof that that the issuer was notified of the
fact of dishonor, and proof that the issuer had received such notice of dishonor.
RA 7691 amended BP 129 and conferred exclusive jurisdiction of BP 22 cases to Metropolitan Trial
Courts.
A. Parties
Bill of Exchange Checks
Drawer Drawer
Payee Payee
Drawer/Acceptor Drawee Bank
B. Types and Comparisons
i) Promissory Note vs. Bill of Exchange
Promissory Note Bill of Exchange

Promise to Pay Order to Pay
3 Parties – DRAWER, DRAWEE, and
2 Parties – MAKER, PAYEE
PAYEE
No Acceptance Necessary. The maker is Acceptance by the DRAWEE is absolutely
absolutely liable to pay. necessary to make him liable to pay.
Liability of maker – PRIMARY and Liability of drawer – SECONDARY and
ABSOLUTE CONDITIONAL
Written by the DEBTOR. Drawn by a CREDITOR
Maker and Payee are in IMMEDIATE Drawer of the bill stands in immediate
RELATION to each other. relationship with the DRAWEE/ACCEPTOR
and PAYEE
Drawee and Payee may be one and the
Cannot be made payable to maker himself
same person
Other Types of Bill of Exchange
18
1. Draft – sometimes called a bill of exchange and normally refers to bills of exchange used in
documentary exchanges, like letters of credit transactions.
2. Inland and Foreign Bill – inland bills are bills that are drawn and payable in the Philippines.
If the bill is drawn and payable elsewhere, it's a foreign bill.
3. Time Draft – drafts payable at a fixed date.
4. Sight/Demand Draft: draft payable when the holder presents is for payment.
5. Trade Acceptance – bill used in sales contracts where the seller (as drawer) orders the
buyer (as drawee) to pay the seller a certain sum (as payee.)
6. Banker's Acceptance – time draft where the drawee has written "accepted" on its face.
7. Check – the most common negotiable instrument. Bill of exchange drawn on a bank and
payable on demand
ii) Check vs. Bill of Exchange
Check Bill of Exchange
Always drawn upon a bank or banker May or may not be drawn against a bank
May be payable on demand or at a fixed or

Always payable on demand
determinable future time
Not necessary that it be presented for

Necessary that it be presented for acceptance
acceptance
Drawn on a deposit Not drawn on a deposit
The death of a drawer of a check, with

The death of the drawer of the ordinary bill of
knowledge by the banks, revokes the authority
exchange does not
of the banker to pay
Must be presented for payment within a May be presented for payment within a
reasonable time after its issue (6 months) reasonable time after its last negotiation.
Other Types of Checks
1. Open Check
• Pay to Bearer – When the words "or bearer" appearing on the face of the cheque are not
cancelled, the cheque is called a bearer cheque. The bearer cheque is payable to the
person specified therein or to any other else who presents it to the bank for payment.
• Pay to Order – Such a cheque is payable to the person specified therein as the payee,
or to any one else to whom it is endorsed (transferred).
19
2. Crossed Check – For issuers of checks who would want their financial transactions to be
limited between them and the payees, they avail of the safeguard of “crossing” their checks.
It is done by drawing two parallel lines or across its face or across the corner thereof.
3. Certified Check – A certified check is a check for which payment has been guaranteed by a
bank. The bank only issues its guarantee after obtaining full payment from the issuer of the
check, thereby eliminating its risk.
4. Manager’s Check – A manager's check is a secure check that a bank issues for an individual
who has purchased it. The person who purchases the check pays the bank the amount of
money for which the check is issued either in cash or from his bank account. He is then
guaranteed acceptance of his check by the party receiving it.
5. Overdraft Check – An overdraft usually refers to a checking account where the amount
of checks presented to the bank for payment exceeds the amount on deposit. When this
occurs we say that the checking account customer has overdrawn its account. The overdraft
means that the bank's records indicate a negative checking account balance. There are
several reasons why drawee banks dishonor checks upon presentment for payment. Among
these reasons are DAUD “Drawn Against Uncollected Deposits,” and DAIF “Drawn Against
Insufficient Funds.”. DAUD means that the account has, on its face, sufficient funds but not
yet available to the drawer because the deposit, usually a check, had not yet been cleared.
DAIF, on the other hand, is a condition in which a depositor’s balance is inadequate for the
bank to pay a check.
6. Bouncing Check – Bouncing checks are checks which are returned by the bank because
their issuers do not have sufficient funds on deposit. In the Philippines, Art 315 of the RPC
and the BP 22 are two laws which criminalize and punish the issuance of bouncing checks.
7. Stale Check – A stale check is one which is not presented for payment within a reasonable
time after its issue. It is valueless and, therefore, should not be paid. Failure of a payee to
encash a check for more than ten years undoubtedly resulted in the check becoming stale.
The Supreme Court referred to the banking practice which considers a check becoming stale
after more than six (6) months (Pacheco, et. al. vs. Court of Appeals). Thus, holders of checks
should make sure that these are presented within six (6) months from their due date.
8. Post Dated Check – The post-dated check is the most common means of payment for a
loan. It is a check that is written and issued by the debtor for a date in the future and may not
be encashed or deposited until such time. Debtors use post-dated checks to avoid missing
payments on their loans.
E. Sample Form
Sample Bill of Exchange
Php 50,000,000.00 Quezon City
20
August 20, 2019
One month after date, pay to Mr. Marcelo Del Pilar or his order the sum of Fifty Million Pesos Only,
for value received.
TO: (Signed)
Andres Bonifacio Jose Rizal
13 Main Ave 189 Province St
Quezon City Makati City
21
F. Case
BENJAMIN EVANGELISTA v. SCREENEX, INC., represented by ALEXANDER G. YU
FACTS: Evangelista obtained a loan from Screenex which was secured by 2 open-dated
checks, both pay to order of Screenex. From the time it was issued, they were held in
safekeeping together with the other documents and papers of the company by Philip
Gotuaco, Sr., father-in-law of respondent Alexander Yu, until the former’s death. Before the
checks were deposited, there was a personal demand from the family for Evangelista to
settle the loan and a demand letter was sent by the family lawyer.
Evangelista was charged with violation of BP 22 in a criminal case filed with the MeTC of
Makati. The MeTC found that the prosecution had indeed proved the first 2 elements of
cases involving BP 22 but failed to prove the 3rd element. Also, there was failure on the part
of Yu to prove that the demand letter had actually been received by the addressee and there
was no way to determine when the 5-day period should start to toll, there was failure to
establish prima facie evidence of knowledge of insufficiency of funds, hence, the court
acquitted Evangelista of the criminal charges. Ruling on the civil aspect, the court held that
while Evangelista admitted to having issued and delivered the checks to Gotuaco and having
fully paid the amount, no evidence of payment was presented. In the end, Evangelista was
declared liable for the civil obligation.
Timely appeal was made to the RTC raising two errors of the MeTC, to wit: 1) Lower court
erred in not appreciating the fact that the prosecution failed to prove the civil liability and 2)
any civil liability attributable to Evangelista had been extinguished by prescription. RTC held
that the checks should be taken as evidence of Evangelista’s indebtedness to prove that the
obligation subsisted. Also, the alleged payment by Evangelista was an affirmative defense
that he had the burden of proving but that he failed to discharge.
CA, upon petition for review, denied the same. It held that the reckoning time for the
prescriptive period began when the instrument was issued and the corresponding check
returned by the bank to its depositor; that the issue of prescription was raised for the first
time on appeal; and that the loan obligation was never denied by Evangelista, who claimed
it was already settled, but failed to show any proof of payment.
22
ISSUE: Whether or not Evangelista is still liable for the total amount indicated in the 2 checks
HELD: NO. By definition, a check is a bill of exchange drawn on a bank payable on demand.
It is an undertaking that the drawer will pay the amount indicated thereon. Sec 119 of the
NIL, however, states that a negotiable instrument like a check may be discharged by any
other act which will discharge a simple contract for the payment of money. A check is
therefore subject to a 10-year prescription of actions upon a written contract. If the check is
undated as in the present case, the cause of action is reckoned from the issuance of the
check. Assuming that Yu had authority to insert the dates in the checks, the fact that he did
so after the lapse of more than 10 years cannot qualify as changes made within a reasonable
period. The cause of action on the checks has become stale, hence time-barred. Prescription
has indeed set in.
Therefore there is no other recourse but to grant the petition on the ground of prescription.
Even if the defense was belatedly raised before the RTC for the first time on appeal from the
ruling of MeTC, the supreme court nonetheless dismissed the complaint seeking to enforce
civil liability of Evangelista based on the undated checks.
The acceptance of a check implies an undertaking of due diligence in presenting it for
payment, and if he from whom it is received sustains loss by want of such diligence, it will
be held to operate as actual payment of the debt or obligation for which it was given.
The SC held that the delivery of the checks, despite the subsequent failure to encash them
within a period of 10 years or more, had the effect of payment. Petitioner is considered
discharged from his obligation to pay and can no longer be pronounced civilly liable for the
amounts indicated thereon.
23
III. SECRETARY'S CERTIFICATE
A contract is defective if the individual that signed the contract did not have the authority.
Officers of a corporation have implied authority to sign agreements because of their position
as an officer. They may also have authority that the company has delegated to them. What
about other individuals in the company or individuals that may not even work for the
company? How do you check their authority?
The best way is to ask for what is called a "Secretary's Certificate". A “Secretary's
Certificate” is a document that is signed and sealed by the Secretary of the Corporation
that states that the Board of Directors has voted to delegate authority to a specific individual
or group and whether they have the right to further delegate that authority. The Secretary's
Certificate would need to be stamped with their seal for it to be an official corporate
document.
If you have a sealed Secretary's Certificate stating that they have delegated authority to that
individual any contract signed by that individual would be binding. If you had a statement
that a specific individual is authorized to delegate authority for certain actions, you would
also want a signed statement from that individual that documents the delegation. Without
proof of the delegation and/or the right to delegate, the company could simply void the bid
or contract saying that the person didn't have the authority.
For example, a corporation could delegate authority to their general counsel to sign
documents and allow the general counsel to further delegate that authority to outside law
firms where that delegation would be subject to specific parameters. Creating an agent that
can bind the corporation would also require a delegation of authority by someone in the
corporation that both has been granted the authority and has the right to further delegate it.
A Secretary's Certificate is a written document by an officer of a corporation called the

Corporate Secretary which is used to certify corporate acts or records.
B. Applicable Laws
Generally, the format or content of a Secretary's Certificate is not governed by any laws in
the Philippines. However, the Corporate Code of the Philippines and the Securities and
Exchange Commission require certain acts of the Corporation to be certified by the
Corporate Secretary.
C. When Required
A Secretary's Certificate is required when amending the Articles of Incorporation to show

that the amendments or amendments have been duly approved by the required vote of the
stockholders or members of the corporation. Likewise, it is required in the increase or
decrease of the authorized capital stock.
24
“SEC. 15. Amendment of Articles of Incorporation. – X X X
The original and amended articles together shall contain all provisions required
by law to be set out in the articles of incorporation. Amendments to the articles
shall be indicated by underscoring the change or changes made, and a copy
thereof duly certified under oath by the corporate secretary and a majority of
the directors or trustees, with a statement that the amendments have been duly
approved by the required vote of the stockholders or members, shall be
submitted to the Commission. X X X ”
“SEC. 37. Power to Increase or Decrease Capital Stock; Incur, Create or
Increase Bonded Indebtedness. – No corporation shall increase or decrease
its capital stock or incur, create or increase any bonded indebtedness unless
approved by a majority vote of the board of directors and by two-thirds (2/3) of
the outstanding capital stock at a stockholders’ meeting duly called for the
purpose. ... X X X
A certificate must be signed by a majority of the directors of the corporation
and countersigned by the chairperson and secretary of the stockholders’ meeting,
setting forth: (a) That the requirements of this section have been complied with;
(b) The amount of the increase or decrease of the capital stock… X X X”
“SEC. 45. Adoption of Bylaws. – For the adoption of bylaws by the

corporation, the affirmative vote of the stockholders representing at least a
majority of the outstanding capital stock, or of at least a majority of the
members in case of nonstock corporations, shall be necessary. The bylaws shall
be signed by the stockholders or members voting for them and shall be kept in the
principal office of the corporation, subject to the inspection of the stockholders or
members during office hours. A copy thereof, duly certified by a majority of the
directors or trustees and countersigned by the secretary of the corporation,
shall be filed with the Commission and attached to the original articles of
incorporation. X X X”
“SEC. 47. Amendment to Bylaws. – … X X X

Whenever the bylaws are amended or new bylaws are adopted, the
corporation shall file with the Commission such amended or new bylaws and,
if applicable, the stockholders’ or members’ resolution authorizing the delegation
of the power to amend and/or adopt new bylaws, duly certified under oath by the
corporate secretary and a majority of the directors or trustees. X X X”

“SEC. 77. Articles of Merger or Consolidation. – After the approval by the
stockholders or members as required by the preceding section, articles of merger or
articles of consolidation shall be executed by each of the constituent corporations,
to be signed by the president or vice president and certified by the secretary or
assistant secretary of each corporation setting forth: … X X X
D. Contents: (PeRF-Jur)
i. Personal Circumstances of Secretary and that of the Corporation

25
The user will be asked to provide the name and address of the Corporate Secretary. They
should be a resident and citizen of the Philippines (Section 24 of the Revised Corporation
Code). Thereafter, information regarding the corporation shall also be asked, specifically,
its name, principal address, and the type of corporation it is formed as (stock or non-stock
corporation). The user will then be asked for the purpose of the Secretary's Certificate.
ii. Resolution/s of the Board of Directors
A Secretary Certificate is also needed in order to effectuate Board Resolutions which has
an effect of increasing or decreasing the authorized capital stock. Specifically, it is needed
to certify that:
• The list of stockholders at the date of approval of the increase or decrease of the
authorized capital stock;
• The increase was approved by the board of directors and the stockholders;
• Stockholders who did not subscribe to the increase waived their pre-emptive rights
o (Pre-emptive right is a right granted to the stockholders of a corporation to
be granted the first option to subscribe to any opening of the unissued capital
stock or to any increase in the authorized capital stock of a corporation);
• There is no pending case involving intra-corporate dispute.
A Secretary's Certificate may also be needed to show the authority of a person who will
enter into transactions, such as contracts, on behalf of a corporation.
iii. Fact that the said Board Resolutions are still in Force
This only means that the resolutions of the board contained in the Secretary Certificate
have not been revoked, amended or in any manner modified and accordingly, the same
may be relied upon until notice to the contrary has been issued by the corporation.
iv. Jurat
The user will also be asked to provide information to notarize the document such as the
province, city or municipality where it will be notarized and the proof of identification that will
be presented to the notary public. The proof of identification must have been issued by an
official agency bearing the Corporate Secretary's photograph and signature.
E. Who may File and Where to File
Once the document is completed, the user should print at least three (3) original copies of
the document. The Corporate Secretary should present themselves to a notary public where
they will swear to the truth of the contents of the Secretary's Certificate and sign the
document in front of the notary public. The notary public will then affix their seal and signature
on the document. The notary public will usually keep one original copy of the document.
Once notarized, the document may be used as necessary.
F. Uses and/or Variations of a Secretary Certificate: Examples
i. Secretary’s Certificate to Sell Real Property
26
ii. Secretary’s Certificate to Purchase Property
iii. Secretary’s Certificate to File Cases with Full Pre-trial Authority
iv. Secretary’s Certificate to Apply for a Loan Credit Accommodation
v. Secretary’s Certificate Designating Depositary Bank
vi. Secretary’s Certificate for Authorized Representative in Bureau of Internal
Revenue (BIR) / PAG-IBIG etc.
vii. Secretary’s Certificate
viii. Any other corporate acts contained in a Board Resolution
G. Sample Form
Republic of the Philippines )

Makati City ) S.S.
SECRETARY’S CERTIFICATE
th
I, JUAN C. DELA CRUZ, of legal age, with office address at 30 flr., ABC Bldg., Rufino St., Makati City,
on the basis of corporate records, do hereby certify under oath that:
1. I am the corporate Secretary of XYZ Corporation, a corporation duly organized and existing
under the laws of the Philippines, with the same office address given above.
2. At the meeting of the Board of Directors of the corporation held on January 31, 2020, at which
meeting a quorum was present and obtained throughout, the following resolution was
unanimously approved and adopted:
“RESOLVED, as it is hereby resolved that the corporation shall open and maintain an
Account with Banco De Oro (BDO) Ayala Triangle 1 Branch, located at G/F Tower 1, Ayala
Triangle, Ayala Avenue, Makati City.”
“RESOLVED FURTHER, that any one of the following signatories whose specimen appears
below is authorized to execute and deliver any and all documents, to transact and to sign for and
in behalf of the said corporation the pertinent papers in relation to the Account, to wit:
Name Position Signature
Pedro A. Santos President Pedro A. Santos
Maria B. Cabrera Treasurer MB. Cabrera
Asuncion D. De Castro Chief Accounting Officer Asuncion D. De Castro”
3. The foregoing resolution has not been revoked, amended or in any manner modified and
accordingly, the same is now in full force and in effect, until a written notice to the contrary has
been issued by the corporation.
4. I am executing this Certificate for whatever legitimate purpose it may serve.
th
IN WITNESS WHEREOF, I have hereunto affixed my signature this 28 day of February, 2020 at Makati
City.
(Sgd.) JUAN C. DELA CRUZ

Corporate Secretary
ATTESTED:
27
(Sgd.) PEDRO A. SANTOS
President
th
Subscribed and sworn to before me this 28 day of February, 2020 at Makati City, affiant exhibiting to
me his Driver’s License issued on September 30, 2019 at Pasay City.
Doc. No. ____;

Page No. ____;
Book No. ____;
Series of ______.
28
IV. BOARD RESOLUTION APPROVING DECLARATION
OF DIVIDENDS
A. Legal basis
Republic Act No. 11232
Sec. 42. Power to Declare Dividends. – The board of directors of a stock
corporation may declare dividends out of the unrestricted retained earnings
which shall be payable in cash, property, or in stock to all stockholders on
the basis of outstanding stock held by them: Provided, That any cash
dividends due on delinquent stock shall first be applied to the unpaid
balance on the subscription plus costs and expenses, while stock dividends
shall be withheld from the delinquent stockholders until their unpaid
subscription is fully paid: Provided, further, That no stock dividend shall be
issued without the approval of stockholders representing at least two-thirds
(2/3) of the outstanding capital stock at a regular or special meeting duly
called for the purpose.
Stock corporations are prohibited from retaining surplus profits in excess of
one hundred percent (100%) of their paid-in capital stock, except: (a) when
justified by definite corporate expansion projects or programs approved by
the board of directors; or (b) when the corporation is prohibited under any
loan agreement with financial institutions or creditors, whether local or
foreign, from declaring dividends without their consent, and such consent
has not yet been secured; or (c) when it can be clearly shown that such
retention is necessary under special circumstances obtaining in the
corporation, such as when there is need for special reserve for probable
contingencies.
SEC. 61. Consideration for Stocks. – Stocks shall not be issued for a
consideration less than the par or issued price thereof. Consideration for the
issuance of stock may be:
xxx
(e) Amounts transferred from unrestricted retained earnings to stated
capital;
xxx
Sec. 179. Powers, functions, and jurisdiction of the Commission. – The

Commission shall have the power and authority to:
29
a) Exercise supervision and jurisdiction over all corporations and
persons acting on their behalf, except as otherwise provided under
this Code;
b) Pursuant to Presidential Decree 902-A, retain jurisdiction over
pending cases involving intracorporate disputes submitted for final
resolution. The Commission shall retain jurisdiction over pending
suspension of payment/rehabilitation cases filed as of 30 June 2000
until finally disposed.
c) Impose sanctions for the violation of this Code, its implementing
rules, and orders of the Commission;
d) Promote corporate governance and the protection of minority
investors, through, among others, the issuance of rules and
regulations consistent with international best practices;
e) Issue opinions to clarify the application of laws, rules, and
regulations;
f) Issue cease and desist orders ex parte to prevent imminent fraud or
injury to the public;
g) Hold corporations in direct and indirect contempt;
h) Issue subpoena duces tecum and summon witnesses to appear in
proceedings before the Commission;
i) In appropriate cases, order the examination, search and seizure of
documents, papers, files and records, and books of accounts of any
entity or person under investigation as may be necessary for the
proper disposition of the cases, subject to the provisions of existing
laws;
j) Suspend or revoke the certificate of incorporation after proper notice
and hearing;
k) Dissolve or impose sanctions on corporations, upon final court order,
for committing, aiding in the commission of, or in any manner
furthering securities violations, smuggling, tax evasion, money
laundering, graft and corrupt practices, or other fraudulent or illegal
acts;
l) Issue writs of execution and attachment to enforce payment of fees,
administrative fines, and other dues collectible under this Code;
m) Prescribe the number of independent directors and the minimum
criteria in determining the independence of a director;
n) Impose or recommend new modes by which a stockholder, member,
director, or trustee may attend meetings or cast their votes, as
technology may allow, taking into account the company’s scale,
number of shareholders or members, structure, and other factors
consistent with the basic right of corporate suffrage;
o) Formulate and enforce standards, guidelines, policies, rules, and
regulations to carry out the provisions of this Code; and
p) Exercise such other powers provided by law or those, which may be
necessary or incidental to carrying out, the powers expressly granted
to the Commission.
30
In imposing penalties and additional monitoring and supervision
requirements, the Commission shall take into consideration the size, nature
of the business, and capacity of the corporation. No court below the Court
of Appeals shall have jurisdiction to issue a restraining order, preliminary
injunction, or preliminary mandatory injunction in any case, dispute, or
controversy that directly or indirectly interferes with the exercise of the
powers, duties and responsibilities of the Commission that falls exclusively
within its jurisdiction.
SEC Memo Circular no. 11, series of 2008- RE: Guidelines on the
Determination of Retained Earnings Available for Dividend Declaration
SEC Resolution no. 450, series of 2005- TO: All Corporate Secretaries
The concept of dividends

The term “dividend” as applied to corporate stock may be defined as that portion of the profits
and surplus funds of a corporation that has been actually set apart by the board of directors
for distribution among the stockholders in proportion to their respective shareholdings, and
thus from being the corporation’s property becomes that of the stockholders.
Dividends therefore are the returns to the stockholder’s investment in the corporation, and
the right thereto arises from stock ownership.
Shareholder’s rights to dividends

All persons who own shares of stock at the time dividends are declared have the right to
receive dividends in proportion to the amount of their shareholdings. The right to share in
the dividend applies regardless of the time when the shareholder acquired the shares,
without regard to the time during which the dividend is earned. In other words, it is the
stockholder of the record who receives the dividend. And the declaration of dividends creates
a det against the corporation in favor of each stockholder to the amount due him.
Moreover, all shareholders of the same class are entitled to participate in dividends on a pro-
rated basis, i.e., in proportion to their shareholdings. Even delinquent shareholders have
right to dividend, as no stockholder may be excluded from participation, but said right is
subject to what the law provides as earlier mentioned.
The shareholders’ right to dividends notwithstanding, there must be a declaration of
dividends by the Board before the surplus of profits become dividends; otherwise the profits
remain part of corporate assets.
Board’s discretion to declare dividends
31
As a general rule, the declaration of dividends rests on the Board’s discretion, and if so
declared, its amount rests on the directors’ discretion and decision. Thus, the mere fact that
a corporation has funds from which dividends could legally be paid, even if the funds were
huge, does not oblige its directors to declare dividends.
Corporations are prohibited by the Code, however, from retaining surplus profits in excess
of one hundred percent (100%) of their paid-in capital stock, thus implying an obligation for
the distribution of their profits to the stockholders in the form of dividends. The distribution of
stock dividends, however, requires the prior approval of stockholders representing no less
than two-thirds (2/3) of the outstanding capital stock at a regular or special meeting duly
If there are stockholders with delinquent stocks or shares, cash dividends due them shall
first be applied to the unpaid balance of their subscription (including costs and expenses)
and the remainder, if any, will be given to said stockholders. On the other hand, if stock
dividends are issued, said dividends will be withheld until the delinquent stockholder’s unpaid
subscription is fully paid.
The fact that a corporation earns profit in a particular year will not justify payment of dividends
if capital impairment or deficit from losses incurred in the previous years exists. Dividends
may be paid, however, from surplus accumulated out of profits of previous years, even
though there is no actual profit for the year in which dividends are declared and paid.
Forms of dividends
Dividends may be distributed in the forms of cash, stock, and property.
In cash dividend, the stockholders will receive cash from the corporation in accordance with
the board resolution declaring cash dividends.
Requirements for Cash Dividend Declaration:

1. Certification under oath by the Corporate Secretary on the board of
directors resolution declaring cash dividends
2. Audited financial statements as of the last fiscal year stamped received
by BIR and SEC;
3. Interim unaudited financial statements certified by the Finance Officer (if
the basis of determining the sufficiency of retained earnings is other than
end of fiscal year)
4. Reconciliation of retained earnings available for dividend declaration in
accordance with SEC Memorandum Circular No. 11, series of 2008
5. Notarized Secretary's Certificate of the Board resolution as of the reversal
of appropriated retained to unappropriated retained earnings,
6. Secretary's Certificate on no pending case of intra-corporate dispute
32
7. Compliance Monitoring Division (CMD) Clearance and/or clearance from
other Department of the Commission or other government agencies.
Stock dividends are shares of stock, the consideration for which is the amount of unrestricted
retained earnings converted into equity in the corporation books.
In stock dividend, the stockholder will receive the shares of stock of such corporation
declaring the dividends. In effect, the stockholder will own more shares after the stock
dividend declaration in the Philippines but its percentage of ownership or equity in such
corporation may not increase. Source of stock dividend could be unissued shares of stock
of the corporation requiring an application for exemptions from the Securities Regulation
Code or from the increase of capitalization in the Philippines requiring as SEC approval on
the increase of authorized capital stock.
Requirements for Stock Dividend Declaration:

1. Certification under oath by the Corporate Secretary on the declaration of
stock dividends by majority of the directors and the stockholders
representing 2/3 of the outstanding capital stock
by BIR and SEC
3.Interim Audited Financial Statements certified under oath by the Finance
Officer (if the basis of determining the sufficiency of retained earnings is
other than end of fiscal year)
4. List of stockholders with their respective subscribed capital stock as of
the date meeting approving the declaration of stock dividend together with
the allocation of stock dividend certified under oath by the Corporate
Secretary
5. Analysis of capital structure certified under oath by the Treasurer
Requirements for Stock Dividend Declaration on Unissued Authorized

Capital Stock
1. Certification under oath by the Corporate Secretary on the declaration of
stock dividends by majority of the directors and the stockholders
representing 2/3 of the outstanding capital stock
by BIR and SEC
3. Interim Audited Financial Statements certified under oath by the Finance
Officer (if the basis of determining the sufficiency of retained earnings is
other than end of fiscal year)
33
the date meeting approving the declaration of stock dividend together with
the allocation of stock dividend certified under oath by the Corporate
Secretary
5. Analysis of capital structure certified under oath by the Treasurer
6. Reconciliation of retained earnings available for dividend declaration I
accordance with SEC Memorandum Circular No. 11 series of 2008
7. Notarized Secretary's Certificate of the Board Resolution as to the
reversal of appropriated retained earnings to unappropriated retained
earnings, if applicable
8. Secretary's Certificate on no pending case of intra-corporate dispute
9. Notarized Secretary’s Certificate certifying that on the basis of the
computation of the Finance Officer, the allocation of stock dividend as
indicated in the list of stockholders of record (item 4) is in proportion to the
shareholdings of stockholders as of date of declaration/record date and the
treatment of resulting fractional shares (if any), are true and correct
10. Compliance Monitoring Division (CMD) Clearance and/or clearance
from other Department of the Commission or other government agencies
Under property dividend, the stockholder will receive assets of the corporation, other than
cash.
Requirements for Property Dividend Declaration:

1. Certification under oath by the Corporate Secretary on the board of
directors resolution declaring the property dividend
2. Audited financial statements as of the last fiscal year received by BIR and
SEC
the date meeting approving the declaration of property dividend together
with the allocation of stock dividend certified under oath by the Corporate
Secretary
4. Detailed schedule of the property account appearing in the audited
financial statements
5. Certification by the President that the property(ies) for dividend
declaration is/are no longer needed in the operation of the company
6. Reconciliation of retained earnings available for dividend declaration
34
7. Notarized Secretary's Certificate on no pending case involving intra-
corporate dispute
8. Compliance Monitoring Division (CMD) Clearance and/or clearance from
other Department of the Commission*
Among the three forms, it is only the declaration of stock dividends that requires approval of
stockholders.
*Liquidating dividend is distributed during the dissolution and liquidation of

a domestic corporation in the Philippines. This would mean a final
distribution of the stockholder’s share in the assets of the corporation after
paying corporate creditors with preference over stockholders. Amount
received in excess of its capital considered is considered its final share in
the earnings of the corporation. A separate SEC application and approval is
required.
Requisites for the exercise of power to declare dividends

a. Voting requirement
1. Stock dividends- The declaration thereof must be approved by a:

i) Majority vote of the directors present provided there is a quorum (not the
majority of the total number of directors in the articles of incorporation), and
ii) Two-thirds (2/3) of the outstanding capital stock entitled to vote in a meeting
2. Cash dividends- The declaration thereof requires only the majority vote of the
directors present provided there is a quorum.
b. Source of dividends
1. Surplus profits
Dividends are generally declared out of the surplus profits or retained earnings.
2. Paid-in surplus (paid in capital in excess of par value).

However, paid-in surplus may be declared only as stock dividends but not cash
dividends, per SEC ruling.
Note: If the shares do not have par value, the entire consideration thereof shall
be treated as capital and no part thereof shall be available for distribution ans
dividends.
35
When dividends need not be declared
There are three instances, however, when a corporation may retain surplus profits beyond
one hundred percent (100%) of their paid-in capital stock, and these are:
1. Justified by corporate expansion projects or programs approved by the Board;
2. When the corporation is prohibited under a load agreement with a financial institution
or creditor from declaring dividends without its consent and such consent has not yet
been secured; and
3. When it is clearly shown that such retention is necessary under special
circumstances such as the need for a special reserve for probable contingencies.
What is a Board Resolution?

A Board Resolution, or Corporate Resolution, is a way of documenting a decision made by
a Corporation's Board of Directors or Shareholders on behalf of the Corporation.
When are Board Resolutions required?

Board Resolutions can cover a wide variety of actions. Commonly, they are written when a
new member of board is voted in, but they can also be created when the company wants to
hire employees, sell shares of the corporation, purchase an existing patent, among other big
decisions. They serve as important compliance documents as well as giving your company
a concrete record of the choices your directors or shareholders have made.
Where are Board Resolutions filed?

Generally, Corporate Resolutions do not need to be submitted to a government agency,
oversight body, or anything of the sort. They should be kept with your books so you can
furnish them if, for example, an important shareholder wants to know what actions the board
took on his or her behalf.
General Contents of a Board Resolution Approving Declaration of Dividends

1. Company Header/ Letterhead
2. Board Resolution number and Series number

36
3. Form a title of the resolution that speaks to the issue that you want to document.
4. Whereas clause/s which provides the basic facts and reasons for the resolution
5. Resolved clause/s which are the conclusions
37
38
6. Names and signatures of the Board of Directors; and attestation of the Corporate
Secretary
Ex.
39
Sample Form: Board Resolution
BOARD RESOLUTION NO. ________

Series of _______
WHEREAS,________________________________________________., a corporation duly

established under the laws of the Philippines with principal office address at
_____________________________________________________________________________________
WHEREAS, in the meeting of ________________________ held at __________________ it was agreed

and unanimously approved by the Board of Directors
to_________________________________________________________________________________________
______________________________________________________________
WHEREAS, the Board further agreed that authority is granted to

____________________________________ to _____________________________________, to
________________________________, and to ____________________________________
NOW THEREFORE, in view of the foregoing, the following resolutions were passed and unanimously
approved by all the Directors present:
RESOLVED, that ______________________________________________________________
RESOLVED FURTHER that __________________________________________________
RESOLVED FINALLY that _______________________________________________________
_____________________ _____________________
(Name) (Name)
Director Director
_____________________ _____________________
(Name) (Name)
Director Director
Attested by:
(Name)
Corporate Secretary
Sample of Board Resolutions of FERN Realty Corporation Declaration of Cash and

Stock Dividends
40
BOARD RESOLUTION NO. 110741
SERIES of 2014
WHEREAS, the Board of Directors of FERN Realty Corporation (the “Corporation”) authorize
and approve the declaration of cash dividend of 10% per share to all stockholders on record as
of 25 July 2014, payable on 04 August 2014. The total cash dividend amounts to
P17,792,000.00;
WHEREAS, the Board of Directors of the Corporation authorize the Corporation to close its
books from 26 July to 03 August 2014, both dates inclusive, for purposes of the above cash
dividend declaration.
NOW THEREFORE, in view of the foregoing, the following resolutions were passed and
unanimously approved by all the Directors present:
RESOLVED, That the Board of Directors of FERN Realty Corporation (the “Corporation”)
authorize and approve, as it is hereby authorized and approved, the declaration of cash dividend
of 10% per share to all stockholders on record as of 25 July 2014, payable on 04 August 2014.
The total cash dividend amounts to P17,792,000.00.
RESOLVED, FURTHER, That the Board of Directors of the Corporation authorize, as it

hereby authorizes, the Corporation to close its books from 26 July to 03 August 2014, both dates
inclusive, for purposes of the above cash dividend declaration.
_____________________________
DR. MANUELA LUZVIMINDA ARAULLO MR. CARLO DALISAY
Director Director
_____________________ _____________________________
MR. CARDO AQUINO MS. ENCARNACION IGNACIO-SY
Director Director
Attested by:
41
ANGELINA P. JOSE
Corporate Secretary
BOARD RESOLUTION NO. 110742

SERIES of 2014
WHEREAS, FERN Realty Corporation (the “Corporation”) currently has an authorized capital
stock of Two Hundred Million (P200,000,000.00) Pesos, divided into 200,000 shares with a par
value of P1,000.00 per share, almost all of which are fully paid, issued and outstanding;
WHEREAS, the Corporation has earned surplus and it is desirable that such surplus be retained
by the Corporation as working capital in connection with the expansion of its primary business
and, to that end, it is the intention of the Corporation to increase its authorized capital stock
from P200,000,000.00 to P500,000,000.00 and to declare a 50% stock dividend of 88,960 shares
with a total par value of P88,960,000.00 out of such increase;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the Corporation

authorize, as it hereby authorizes, the Corporation to increase its authorized capital stock from
P200,000,000.00, divided into 200,000 shares with a par value of P1,000.00 per share, to
P500,000,000.00, divided into 500,000 shares with a par value of P1,000.00 per share;
RESOLVED, FURTHER, that the Board of Directors of the Corporation authorize, empower,
and direct, as it hereby authorizes, empowers, and directs, the Directors and proper officers of the
Corporation to transfer out of the surplus of the Corporation to the capital account thereof the
sum of P88,960,000.00, thereby increasing the subscribed and capital account of the
Corporation and to declare a 50% stock dividend of P88,960,000.00 or 88,960 shares and to
distribute such stock dividend among the stockholders as of record date to be fixed by order of
the Securities and Exchange Commission, in proportion to their respective shareholdings, such
dividend to be issued as soon as thereafter as the necessary government permit or authorization
shall have been issued;
RESOLVED, FURTHERMORE, That all fractional shares resulting from said stock dividend
shall be paid in cash by the Corporation at par value.
RESOLVED, FURTHERMORE, that to reflect the increase in the authorized capital stock of
the Corporation, the Board of Directors of the Corporation authorize, as it hereby authorizes,
42
the amendment of Article Seventh of the Amended Articles of Incorporation of the Corporation
to read as follows:
SEVENTH: That the capital stock of the Corporation is Five Hundred Million Pesos
(P500,000,000.00), Philippine Currency, divided into Five Hundred Thousand
(500,000) shares at the par value of One Thousand Pesos (P1,000.00) per share.
RESOLVED, FURTHERMORE, that Board of Directors of the Corporation authorize,

empower, and direct, as it hereby authorizes, empowers, and directs, the Directors and proper officers
of the Corporation to do any and all things necessary to effect the foregoing resolutions.
RESOLVED, FINALLY, that the Board of Directors of the Corporation authorize, as it hereby
authorizes, that the foregoing resolutions be submitted for the consideration and approval of the
stockholders of the Corporation at the Annual Stockholders’ Meeting scheduled to be held on
August 12, 2014.
_____________________________
DR. MANUELA LUZVIMINDA ARAULLO MR. CARLO DALISAY
Director Director
_____________________ _____________________________
MR. CARDO AQUINO MS. ENCARNACION IGNACIO-SY
Director Director
Attested by:
ANGELINA P. JOSE
Corporate Secretary
Sample of Board Resolution of Jolliville Holdings Corporation Declaration of

Property Dividends
BOARD RESOLUTION NO. 2019-067-111
43
WHEREAS, the Board in its special meeting held today, 04 January 2019, approved to increase
the rate of the property dividends of JOH from 65.85% to 66.03% with a total amount from One
Hundred Eighty Five Million Three Hundred Sixty Seven Thousand Seven Hundred Fifty Pesos
(Php 185,367,750.00) to One Hundred Eighty Five Million Eight Hundred Sixty Two Thousand
Seven Hundred Fifty Pesos (Php 185,862,750.00) comprising of shares of Philippine Hydro
Electric Ventures, Inc. (“Phil. Hydro”) from 76, 005,000 to 76,500,000 shares carried at Php
1.00 per share and 42,225,000 shares of Tubig Pilipinas Corp. (“Tubig Pilipinas” carried at Php
2.59 per share. Carrying values are computed based on interim financial statements of both
subsidiaries as of 30 September 2018. Entitled shareholder will receive 27 shares of Phil Hydro
and 15 shares of Tubig Pilipinas for every 100 shares of JOH;
WHEREAS, Fractional shares shall be converted into cash and be released to the shareholders
at the same time as the property dividend.

authorize, as it hereby authorizes, approve to increase the rate of the property dividends of JOH
from 65.85% to 66.03% with a total amount from One Hundred Eighty Five Million Three
Hundred Sixty Seven Thousand Seven Hundred Fifty Pesos (Php 185,367,750.00) to One
Hundred Eighty Five Million Eight Hundred Sixty Two Thousand Seven Hundred Fifty Pesos
(Php 185,862,750.00) comprising of shares of Philippine Hydro Electric Ventures, Inc. (“Phil.
Hydro”) from 76, 005,000 to 76,500,000 shares carried at Php 1.00 per share and 42,225,000
shares of Tubig Pilipinas Corp. (“Tubig Pilipinas” carried at Php 2.59 per share. Carrying values
are computed based on interim financial statements of both subsidiaries as of 30 September
2018. Entitled shareholder will receive 27 shares of Phil Hydro and 15 shares of Tubig Pilipinas
for every 100 shares of JOH;

authorize, as it hereby authorizes, Fractional shares be converted into cash and be released to
the shareholders at the same time as the property dividend.
_____________________________
MS. NATALIA L. SINAG- LAWIN MS. ALBA R. BITUIN-SINAG
Director Director
_____________________ _____________________________
MS. SABELA RAMIL MS. JULIA MEDINA
Director Director
Attested by:
FAMOUS OBEROGO
Corporate Secretary
44
Arellano University
School of Law

for the subject:
Atty. Ma. Jesusa Eleanor SiquijorMagbanua
Submitted By:
GROUP 6
Saguiguit, Alpha Philea P.

Complaint and Answer
Tutaan, Simeon Jr M.
Pre-trial Brief
Saguiguit, Alpha Philea P

Explanation
Gepty, Hanz Benjamin C.

Affidavit of Service
45
Table of Contents
V. COMPLAINT AND ANSWER ……………………………………………3
i. Under what Rule do we prepare this form

j. Grounds
k. Contents/Parts
l. Parties Who May File and When to file
m. Where to File
n. Effects
o. Sample of a Complaint and Answer
VI. PRE-TRIAL BRIEF ........................................................…………. 18
a. Under what Rule do we prepare this form

b. Grounds
c. Contents/Parts
d. Parties Who May File and When to file
e. Where to File
f. Effects
g. Sample of a Pre-trial Brief
VII. EXPLANATION …………………………………………………………. 16

b. Grounds
c. Parties Who May File and When to file
d. Effect
e. Sample of an Explanation
VIII. AFFIDAVIT OF SERVICE …………………………………………..…….. 28

b. Grounds
c. Contents/Parts
d. Parties Who May File and When to file
e. Where to File
f. Effects
g. Sample of a Affidavit of Service
46
I. COMPLAINT AND ANSWER
COMPLAINT
Complaint
It is the first pleading filed in court by the plaintiff. The paramount purpose of this pleading is to
sue another for the enforcement or protection of a right, or the prevention or redress of a wrong. The
filing of complaint is the voluntary submission of the plaintiff to the jurisdiction of the court. In
criminal case a complaint is a sworn statement charging a person with an offense which is subscribed
by offended party, any peace officer charged with the enforcement of the law violated
In criminal cases a complaint is a sworn written statement charging a person with offense,
subscribed by the offended party, any peace officer, or other public officer, charged with the
enforcement of law violated
a. Under what Rule do we prepare this form?
- RULE 6 RULE 110 of the 1997 RULES OF COURT
b. When is a complaint required?
The court cannot in its own initiative, take cognizance of a case and try to settle claims among
individuals. A complaint is an initiatory pleading where the person called complainant sought the aid
of the court to try his case.
c. Contents
In civil procedure, the complaint must contain cause of action. The filing of a complaint
requires a prior determination whether or not the plaintiff possesses a right to file the desired
complaint.
In Criminal procedure complaint must be sufficient.
Rule 6.Section 3. Complaint. — The complaint is the pleading alleging the plaintiff's cause
or causes of action. The names and residences of the plaintiff and defendant must be stated in the
complaint. (3a)
The complaint must contain cause of action. The filing of a complaint requires a prior determination
whether or not the plaintiff possesses a right to file the desired complaint.
RULE 110.Section 6. Sufficiency of complaint or information — A complaint or information

is sufficient if it states the name of the accused; the designation of the offense given by the
statute; the acts or omissions complained of as constituting the offense; the name of the
offended party; the approximate date of the commission of the offense; and the place where
the offense was committed.
d. Who may and When to file.

47
May be filed by the offended party, any peace officer, or public officer charged with
the enforcement of the law violated.
e. Where to file and effect of filing?
In civil case
The filing of the complaint is the commencement of civil action where the court acquires
jurisdiction over the plaintiff. The submission also interrupts the prescription of actions.
Section 5. Commencement of action. — A civil action is commenced by the filing of the

original complaint in court. If an additional defendant is impleaded in a later pleading, the
action is commenced with regard to him on the dated of the filing of such later pleading,
irrespective of whether the motion for its admission, if necessary, is denied by the court. (6a)
In criminal case
The complaint is filed in the name of the People of the Philippines and against all persons
who appear to be responsible for the offense involved.
Section 1. Institution of criminal actions. — Criminal actions shall be instituted as follows:
(a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule
112, by filing the complaint with the proper officer for the purpose of conducting the requisite
preliminary investigation.
(b) For all other offenses, by filing the complaint or information directly with the Municipal
Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the
prosecutor. In Manila and other chartered cities, the complaint shall be filed with the office of
the prosecutor unless otherwise provided in their charters.
The institution of the criminal action shall interrupt the running period of prescription of the offense
Rule 110.Section 15. Place where action is to be instituted. —
(a) Subject to existing laws, the criminal action shall be instituted and tried in the court of the
municipality or territory where the offense was committed or where any of its essential
ingredients occurred.
(b) Where an offense is committed in a train, aircraft, or other public or private vehicle while
in the course of its trip, the criminal action shall be instituted and tried in the court of any
municipality or territory where such train, aircraft or other vehicle passed during such its trip,
including the place of its departure and arrival.
(c) Where an offense is committed on board a vessel in the course of its voyage, the criminal action
shall be instituted and tried in the court of the first port of entry or of any municipality or territory
where the vessel passed during such voyage, subject to the generally accepted principles of
international law.
(d) Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal
Code shall be cognizable by the court where the criminal action is first filed. (15a)
48
g. Sample of a Complaint

METROPOLITAN TRIAL COURT IN CITIES
City of _____________, Province of _________
Branch ___
Name of Plaintiff,
Plaintiff,
CIVIL CASE No. ______

-versus -
FOR: Ejectment
Name of Defendant,
Defendant.
x-----------------------------------x
COMPLAINT
49
COMES NOW, the plaintiff, through the undersigned counsel and unto this Honorable Court, most
respectfully avers:
1. That the plaintiff, Name of Plaintiff, is of legal age, Filipino citizen, single, and a resident of
No. 12 Walangdaan St., Wonder City, Philippines;
2. That the defendant, Name of Defendant, is of legal age, Filipino citizen, single, and a resident
of No. 25 Walangdaan St., Wonder City, Philippines;
3. That the plaintiff is the owner of a land over which an apartment had been constructed located
in No. 24 Walangdaan St., Wonder City, Philippines;
4. That being relatives, the plaintiff has allowed defendant to use the apartment and the land
owned by the former starting October 3, 2016 until such time when defendant would be able
to put up and build her own house in her own land and while no tenant is leasing the said
property.
5. That on April 11, 2017, the plaintiff sent the defendant a letter of demand to vacate the
apartment which was received by the latter as shown in the registry return receipt hereto
attached as Annex “A”;
6. That despite said letter of demand which was repeated by oral demands, the defendant failed
and still refused to vacate the premises;
7. By reason of the failure of the defendant to vacate the premises, the plaintiff was compelled
to file this complaint.
WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court
that judgment be rendered ordering the defendant:
1. To vacate the subject premises;

2. To pay damages for illegal use and lost income computed from the date of first demand until
the defendant finally vacates the premises; and
3. To pay the plaintiff the cost of the suit.
Plaintiff likewise prays for such other reliefs that are deemed just and equitable under the premises.
Wonder City, Philippines, May 9, 2017.

Atty. Antonio B. Maayo
Counsel for Plaintiff
PTR No. 8884567, Wonder City, 1/2/17
IBP OR No. 688821, Wonder City, 1/2/17
MCLE Compliance Certificate No. IV-0025415, Pasig City, 1/2/17
VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING
I, Name of Plaintiff, of legal age, Filipino, after having been sworn, in accordance with law, hereby
depose and state that:
1. I am the Plaintiff in the above-captioned case;
2. I have read and understood the contents hereof of this Petition for Review, and the facts herein
alleged are true and correct of my own knowledge and based on available verifiable records;
50
3. I heretofore have not commenced any other action or proceeding or any claim, or filed any
claim involving the same issues raised in the above-captioned case, in this Honorable Supreme Court,
in the Court of Appeals, nor the different Divisions thereof, nor in any other court or tribunal or
agency and, to the best of my knowledge, no such other action or claim is pending therein;
4. I hereby undertake to notify this Honorable Court of such fact within five (5) days from receipt
of such knowledge, should I come to learn that the same or a similar action or claim has been filed or
pending in the Supreme Court, Court of Appeals, the different Divisions thereof, or any other court
or tribunal or agency;
5. I am executing this sworn statement in compliance with Section 5, Rule 7 of the 1997 Rules
of Court.
Name of Plaintiff
Affiant
SUBSCRIBED and SWORN TO before me this 21st day of April 2017 at _______________,
Philippines, affiant exhibiting to me her SSS ID with ID No. ______________ issued by the Social
Security System, as competent evidence of her identity, and she personally acknowledged to me that
the foregoing “Petition” is her free and voluntary act and deed. Machine copy of this SSS ID is hereto
attached.
Atty. Karmila D. Abogada

Notary Public
PTR No. 1234567, Iloilo City, 1/2/17
IBP OR No. 654321, Iloilo City, 1/2/17
MCLE Compliance Certificate No. IV-0025415, Pasig City, 1/2/17
Doc No. _____;

Page No. _____;
Book No. _____;
Series of 20______.
51
ANSWER
Rule 6 Section 4. Answer. — An answer is a pleading in which a defending party sets forth
his defenses.
b. Grounds
Under the rules of court an answer is a responsive pleading when the defendant has no
existing ground for a motion to dismiss or if the motion is rightfully denied the defendant has to file
his answer.
The answer gives notice to the plaintiff as to which allegations in the complaint the defendant
decides to contest and put in the issue
Under the rules of court an answer is a responsive pleading where the defendant
c. Contents
The answer gives notice to the plaintiff as to which allegations in the complaint the defendant decides
to contest and put in the issue.
The defendant, If there is no existing ground for a motion to dismiss or if the motion is rightfully
denied the defendant has to file his answer.
Section 1. Answer to the complaint. — The defendant shall file his answer to the complaint within
fifteen (15) days after service of summons, unless a different period is fixed by the court. (la)
Section 2. Answer of a defendant foreign private juridical entity. — Where the defendant is a foreign
private juridical entity and service of summons is made on the government official designated by law
to receive the same, the answer shall be filed within thirty (30) days after receipt of summons by such
entity. (2a)
52
Section 3. Answer to amended complaint. — When the plaintiff files an amended complaint as a
matter of right, the defendant shall answer the same within fifteen (15) days after being served with a
copy thereof.
Where its filing is not a matter of right, the defendant shall answer the amended complaint within ten
(l0) days from notice of the order admitting the same. An answer earlier filed may serve as the answer
to the amended complaint if no new answer is filed.
This Rule shall apply to the answer to an amended counterclaim, amended cross-claim, amended third
(fourth, etc.)—party complaint, and amended complaint-in-intervention. (3a)
Section 4. Answer to counterclaim or cross-claim. — A counterclaim or cross-claim must be

answered within ten (10) days from service. (4)
Section 5. Answer to third (fourth, etc.)-party complaint. — The time to answer a third (fourth, etc.)—
party complaint shall be governed by the same rule as the answer to the complaint. (5a)
Section 7. Answer to supplemental complain. — A supplemental complaint may be answered within

ten (10) days from notice of the order admitting the same, unless a different period is fixed by the
court. The answer to the complaint shall serve as the answer to the supplemental complaint if no new
or supplemental answer is filed. (n)
Section 11. Extension of time to plead. — Upon motion and on such terms as may be just, the court
may extend the time to plead provided in these Rules.
e. Effects of execution of the assigned document.

After the filing and service of answer, the court can proceed to the case the other parties can
reply to the answer if the answer contains counterclaim against the original plaintiff and or cross
claim against the other parties.
Filing of an answer is necessary because the failure of the defendant to file it within the period
prescribed by court will put him in default. In such case, a defendant in default shall lose his stand in
court and shall not be allowed to take part in the trial. The court may proceed with the case and
granting the claiming party the relief as his complaint may warrant unless the plaintiff is required to
submit evidence.
In addition as the ROC requires the Answer must contain the defense of the defendant, any
defense not pleaded in the answer or in motion to dismissed is deemed waived.
Rule 9 Section 1. Defenses and objections not pleaded. — Defenses and objections not pleaded either
in a motion to dismiss or in the answer are deemed waived. However, when it appears from the
pleadings or the evidence on record that the court has no jurisdiction over the subject matter, that
there is another action pending between the same parties for the same cause, or that the action is
barred by a prior judgment or by statute of limitations, the court shall dismiss the claim.
53
f. Sample of an answer

Branch 0
Las Pinas City
BN,
Plaintiff,
-versus- CIVIL CASE NO.
For: DAMAGES
ED
Defendant.
x- - - - - - - - - - - - - - – – - - - - - - - - - ----x
ANSWER
(In Re: SUMMONS received on May 31, 2016)
COMES NOW the Defendant, by the undersigned counsel, and in answer to Plaintiff's complaint,
respectfully alleges:
ADMISSIONS AND DENIALS
1. That Defendant admits paragraphs 1, 2 and 3 of the Complaint with the additional averment
that she may be served with all court processes through the undersigned counsel;
2. That Defendant cannot possibly comment as to the veracity of Plaintiff’s statement in
paragraph 4 of the complaint, she not having been in the place and time mentioned in said
paragraph, in that, granting that Plaintiff indeed was bumped at 9:05 PM on August 6, 2015
by X while Plaintiff was alongside pedestrian lane/sidewalk along Alabang-Zapote road. To
Defendant’s knowledge, there is no such pedestrian lane or sidewalk in that area because of
the presence of a footbridge and a signages saying: BAWAL TUMAWID and NO
JAYWALKING;
Please refer to attached pictures on Annexes “1”, “6” and “6-1” showing that Plaintiff was not
allowed to cross that portion of the road.
3. Also, that Plaintiff appears to be changing his tune and is obviously telling a lie to this
Honorable Court in his statements in paragraphs 4 and 5 of this new complaint:
In this new complaint, the Plaintiff said:
“For cause of action against Defendant Domingo, it is hereby stated that on August 6, 2015 at around
9:05 in the evening, Plaintiff was alongside pedestrian lane/sidewalk along Alabang-Zapote
road;
That while Plaintiff was walking along the sidewalk, the Mitsubishi owned by Domingo was
driven by her driver, X a resident of Editiorial Extension 4th Estate Antonio Paranaque City, Metro
Manila.”
While in the first complaint which, incidentally, was dismissed by this Honorable Court last March
2, 2016 basically for lack of proper verification and certification against forum-shopping, the Plaintiff
said:
“For cause of action against Defendant Domingo, it is hereby stated that on August 6, 2015 at around
9:05 in the evening, while I was crossing along Alabang Zapote Road, Casimiro, coming from
54
the side of Cecilles Restaurant Las Pinas City, Plaintiff was bumped by the Mitsubishi driven
by X, a resident of Editiorial Extension 4th Estate Antonio Paranaque City,Metro Manila.”
Obviously, Plaintiff is trying to change his story from “while I was crossing along Alabang Zapote
Road, Casimiro, coming from the side of Cecilles Restaurant Las Pinas City” to , “Plaintiff was
alongside pedestrian lane/sidewalk along Alabang-Zapote road. That while Plaintiff was
walking along the sidewalk…”
He wants us to believe now that he was not violating any City Ordinance against jay walking. He
wants us to believe that it was not his violation of a City Ordinance that caused his being bumped by
the vehicle driven by X.
In his sworn affidavit before the Prosecutor A, BT said that he “was crossing along Alabang Zapote
Road, coming the side of Cecilles Restaurant, Las Pinas”, when he was allegedly bumped.
Also, according to the report prepared by the Vehicle Traffic Investigation Unit of Las Pinas City
dated August 7, 2015, BT was actually crossing, viz:
“… when upon reaching on a certain place of incident, the front portion of the same hit a pedestrian
while crossing on the abovementioned place of incident going to Urci Townhomes…”
4. That again, Defendant cannot possibly comment on the veracity of paragraph 6 of the
Complaint for not having been in the averred place at the time. Granting, however, without admitting,
that the Plaintiff was bumped by X at the spot mentioned, it is worth-noting why Plaintiff opted NOT
to use the footbridge erected for his safety. Instead, he crossed the road where he was not allowed to;
5. That Defendant could not comment on the veracity and accuracy of paragraph 7 except for the
fact that it tells us about a printout coming from the website of Google;
6. That Defendant could not comment on the veracity and accuracy of paragraphs 8 and 9 due to
lack of information and knowledge of the same, the truth being that Plaintiff’s alleged emotional
suffering is personal to him and that Defendant has not been shown any proof to validate it;
7. That defendant denies paragraph 10 of the complaint as the figures mentioned are
unsubstantiated and that the purported Annex “C”, and sub-Annexes are not properly
referenced and the purported figures are nowhere to be found. As such, defendant
will have no basis in forming any judgment as to their authenticity and veracity;
8. That paragraph 11 is also being denied for being unsubstantiated, the truth being that as
mentioned in the special and affirmative defenses;
9. That paragraph 12 is also being denied for being unsubstantiated. There is no such document
attached to the complaint as Annex “D” which contains the amount P29,693. The Certificate of
Employment” is dated February 6, 2015 – way before the date of the purported accident of August
6, 2015. Also, its purpose is not related at all to the filing of this claim for damages. The certification
says: “this employment certification has been issued upon the request of BT for his credit card
application.”
10. That paragraphs 13 and 14 are denied for lack of basis to form a belief as to their truth and
veracity there being no proof shown to substantiate them, the truth being that as mentioned in the
special and affirmative defenses;
11. That defendant could not make an informed comment respecting paragraphs 15 and 16 as the
defendant has not received any of the purported notices;
12. That paragraph 17 is denied for lack of basis to form a belief as to its truth and veracity there
being no proof shown to substantiate it, the truth being that as mentioned in the special and affirmative
defenses; and
13. That paragraphs 18 and 19 are likewise denied for lack of basis to form a belief as to its truth
and veracity there being no proof shown to substantiate it, the truth being that as mentioned in the
special and affirmative defenses.
55
DEFENSES
14. As SPECIAL AND AFFIRMATIVE DEFENSES, the defendant alleges:
COMPLAINT LACKS A VALID AND COMPLIANT CERTIFICATION AGAINST FORUM
SHOPPING; HONORABLE COURT LACKS JURISDICTION
14.1 The CERTIFICATION and VERIFICATION AGAINST FORUM SHOPPING was defective
and incomplete as the mandatory paragraph under Section 5, Rule 7 of the 1997 Rules of Civil
Procedure provides:
“Certification against forum-shopping. - The plaintiff or principal party shall certify under oath in
the complaint or other initiatory pleading asserting a claim for relief, or in a sworn certification
annexed thereto and simultaneously filed therewith: (a) that he has not theretofore commenced any
action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and,
to the best of his knowledge, no such other action or claim is pending therein; (b) if there is such other
pending action or claim, a complete statement of the present status thereof; and (c) if he should
thereafter learn that the same or similar action or claim has been filed or is pending, he shall
report that fact within five (5) days therefrom to the court wherein his aforesaid complaint or
initiatory pleading has been filed.
Failure to comply with the foregoing requirements shall not be curable by mere amendment of
the complaint or other initiatory pleading but shall be cause for the dismissal of the case without
prejudice, unless otherwise provided, upon motion and after hearing. The submission of a false
certification or non-compliance with any of the undertakings therein shall constitute indirect contempt
of court, without prejudice to the corresponding administrative and criminal actions. If the acts of the
party or his counsel clearly constitute willful and deliberate forum shopping, the same shall be ground
for summary dismissal with prejudice and shall constitute direct contempt, as well as a cause for
administrative sanctions.” (emphasis supplied)
The “VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING” prepared by the
complainant violates the above rule, specifically letter (c) which states that:
“… (c) if he should thereafter learn that the same or similar action or claim has been filed or is
pending, he shall report that fact within five (5) days therefrom to the court wherein his
aforesaid complaint or initiatory pleading has been filed.”
There is no such certification/statement made by the Plaintiff.
In his “VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING”, BR mentioned
only the following:
xxx
“I, BT, Filipino, of legal age, with office address at ABC, Zapote-Alabang Road, Talon Uno, Las
Pinas City, Metro Manila, under oath depose and state:
1. That I am the Complainant in the above-captioned case;
2. That I caused the preparation of the Complaint;
3. That all allegations therein are true and correct based on my own personal knowledge and
based on authentic records.
I certify that That:
i. A Complaint of Reckless Imprudence resulting to Serious Physical injuries was filed by herein
Complainant against a certain X, (driver of herein Respondent) , with the Office of the Prosecutor of
Las Pinas City and after the finding of probable cause, an Information was filed the Municipal Trial
Court (MRT) Branch 0 of Las Pinas City;
On April 7, 2016, I already received an Order from MTC Branch 0 setting on May 19, 2016, the
Arraignment of the accused in criminal case with number 0;
56
ii. A similar Complaint for Damages was filed by herein Complainant with the RTC Branch 0,
Las Pinas City covered by Civil Case No. 0, however, the Court dismissed the case in an Order
dated March 2, 2016, the dispositive portion of which states: “WHEREFORE, for non-
compliance with Section 5, Rule 7 of the 1997 Rules of Civil Procedure the instant Complaint
is DISMISSED without prejudice.” A copy of the Order is hereto attached as Annex “A”.”
xxx
With all due respect, plaintiff’s non-compliance alone is a solid ground to dismiss the
complaint outright.
14.2 Time and again, the Supreme Court has ruled sustaining this basic rule. It is therefore
respectfully submitted that the instant complaint be dismissed outright. One example is the case of
De Formoso v. PNB citing Oldarico S. Traveno v. Bobongon Banana Growers Multi-Purpose
Cooperative, wherein the High Court said:
xxx
4) As to certification against forum shopping, non-compliance therewith or a defect therein, unlike
in verification, is generally not curable by its subsequent submission or correction thereof, unless
there is a need to relax the Rule on the ground of "substantial compliance" or presence of "special
circumstances or compelling reasons." (emphasis supplied)
LACK OF CAUSE OF ACTION AS PLAINTIFF COMES TO COURT WITH UNCLEAN

HANDS, THEREFORE NOT ENTITLED TO DAMAGES
14.3 By his very own admission in his first complaint, complainant said in paragraph 4 :
“4. For cause of action against Defendant ED, it is hereby stated that on August 6, 2015 at around
9:05 in the evening, while I was crossing along Alabang Zapote Road, Casimiro, coming from
the side of Cecilles Restaurant Las Pinas city, Plaintiff was bumped by the Mitsubishi driven by X,
a resident of San Antonio Paranaque city, Metro Manila;
Plaintiff admitted crossing the portion that pedestrians are NOT ALLOWED TO CROSS. There is a
footbridge constructed for that very purpose. The fact that he was allegedly hit by an incoming vehicle
while doing an illegal act of CROSSING A RESTRICTED AREA is to his own undoing. He was
violating the law. As such, if there is anyone who must be held accountable and responsible, it should
be BT, the Plaintiff;
The illegal act of BT of crossing in the restricted area is also supported by the police report
dated August 7, 2015 (Annex 9) and his own sworn affidavit executed before Prosecutor A on
September 16, 2015 (Annex 8).
He already caused so much trouble not only to the driver but also to the defendant.
Annex “1” presents 5 pictures that show where the alleged incident happened. Sub-marking “1-A”
shows that there is supposed to be a free-flowing of vehicle and as such no pedestrians must either
stay or cross in the area.
Annex “2” shows the map of the alleged place in accident. It proves that there is a footbridge that
should have been used by the Plaintiff but he did not – contrary to law. Sub-marking “2-A” shows
the specific place.
Annex “3” is also submitted concerning the statement of the driver stating the place of incident (sub-
marking “3-A”) and the fact that Defendant paid P15,000.00 (sub-marking “3-B”) despite the fact
that is was the Plaintiff who was at fault.
57
Annex “4” is further submitted to show the sketch on the exact place of accident (sub-marking “4-
A). Like that of Annex “2”, Plaintiff was in a place where he was not supposed to be.
Annexes “5”, “5-1” and “5-2”, the bio-data and credentials of driver Robert A. Doronio, are hereby
presented herewith to prove that Defendant exercised the diligence of a good father in the selection
of said driver be he was hired. As shown on sub-making “5-A”, Mr. Doronio has been driving
professionally since 1989.
Annexes “6” and “6-1” are pictures showing that Plaintiff was not allowed to cross the portion of
the road. Specifically, sub-marking “6-A” says: “BAWAL TUMAWID” and sub-marking “6-1-
A” says: “NO JAYWALKING”.
Under Section 2 of Rule of the Rules of Court, a cause of action is defined as an act or omission by
which a party violates a right of another. From the foregoing, it was actually the Plaintiff who violated
the right to safely of others. It was he who violated the law thereby causing damage to others. With
all due respect, it is he who must actually pay.
BASELESS AND UNSUBSTANTIATED CLAIMS
14.4 The following claims are unsubstantiated and are therefore baseless:
Hospital Expenses, Professional Fees, Miscellaneous: Alleged Annexes are not found and/or
referenced.
Lost Income (P89,100): There are no supporting documents presented.
Check up and x-rays: There is no supporting document presented.
Moral & Exemplary damages (P600,000): the actual damages being unsubstantiated, claims moral
& exemplary damages are left without basis.
EXORBITANT AND UNCONSCIONABLE LEGAL FEES
14.5 The claim for Attorney’s Fees (P100,000) is not only baseless. The amount is exorbitant and
unconscionable.
COUNTERCLAIMS
15. As COMPULSORY COUNTERCLAIMS against the Plaintiff, the Defendant alleges:

1. That to protect her right she is forced to defend herself by engaging the services of an
attorney for P50,000 plus P4,000 fee per appearance; and
14.2 That the plaintiff’s unfounded and frivolous suit has caused the defendant mental anguish,
sleepless nights and suffering as well as public humiliation and embarrassment, for which she claims
moral damages of P300,000 and exemplary damages of P100,000.
TIMELINESS
16. That this ANSWER is submitted seasonably, or within the 15 days from the date of receipt on
May 31, 2016, today being June 15, 2016.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that this Honorable Court render
judgment as follows:
1. DISMISS the complaint due to a defective certification against forum-shopping and lack of
jurisdiction ;
2. DISMISS the complaint for lack of cause of action;
58
3. DISMISS the complaint for utter lack of merit and for being baseless;
4. ORDER the plaintiff to pay defendant attorney’s fee of P50,000 and P4,000 fee per
appearance, plus moral damages of P300,000 and exemplary damages of P100,000; and
5. GRANT such other relief consistent with law and equity, and for costs.
Las Pinas City, June 15, 2016.
NARAG LAW OFFICE
Counsel for the Defendant

7-C Crispina Ave., Las Piñas Village,
Pamplona III, 1740 Las Piñas City
E-mail: narag.law@gmail.com
By:
MARIO P. NARAG, JR.

Roll No. 56274
PTR No. 10999105-J/01-04-2016
IBP No. 1017158/01-04-2016
MCLE Compliance No. V-0020347
dated April 11, 2016
Copy furnished:
ATTY. XYZ
Counsel for the Plaintiff
XXXXX
BT
Zapote-Alabang Road,
Talon Uno, Las Pinas City
EXPLANATION
A copy of this ANSWER was sent to the Plaintiff and his Counsel through registered mail as
personal service is impracticable.
MARIO P. NARAG, JR.
59
II. PRE-TRIAL BRIEF
- RULE 18 of the 1997 RULES OF CIVIL PROCEDURE, as amended
b. Grounds
(Section 2, Rule 18 of the 1997 Rules of Civil Procedure)
The pre-trial is mandatory. The court shall consider:

(a) The possibility of an amicable settlement or of a submission to alternative modes of dispute
resolution;
(b) The simplification of the issues;
(c) The necessity or desirability of amendments to the pleadings;
(d) The possibility of obtaining stipulations or admissions of facts and of documents to avoid
unnecessary proof;
(e) The limitation of the number of witnesses;
(f) The advisability of a preliminary reference of issues to a commissioner;
(g) The propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the
action should a valid ground therefor be found to exist;
(h) The advisability or necessity of suspending the proceedings; and
(i) Such other matters as may aid in the prompt disposition of the action.(1a,R20)
c. Contents
(a) A statement of the willingness of the parties to enter into agreements that may be allowed by law,
indicating its terms;
(b) A concise statement of their respective claims together with the applicable laws and authorities;
(c) Admitted facts and proposed stipulations of facts;
(d) The disputed factual and legal issues;
60
(e) All the evidence to be presented, briefly stating or describing its nature and purpose;
(f) The number and names of the witnesses and their respective affidavits which shall serve as the
affiant's testimony on direct examination; and
(g) Such other matters as the court may require to be included in the pre-trial brief.
Both parties shall file - Plaintiff and Defendant

The parties shall file with the court and serve on the adverse party, in such manner as shall ensure
their receipt thereof at least three (3) days before the date of the pre-trial, their respective pre-trial
briefs.
e. Where to file.
The parties shall file with the court and serve on the adverse party, in such manner as shall ensure
their receipt thereof at least three (3) days before the date of the pre-trial.
f. Effects of execution of the assigned document
Effect of failure to appear. — The failure of the plaintiff to appear when so required pursuant to the
next preceding section shall be cause for dismissal of the action. The dismissal shall be with prejudice,
unless other-wise ordered by the court. A similar failure on the part of the defendant shall be cause to
allow the plaintiff to present his evidence ex parte and the court to render judgment on the basis
thereof. (2a, R20)
Pre-trial brief. — Failure to file the pre-trial brief shall have the same effect as failure to appear at
the pre-trial.
61
g. Sample of a Pre-trial Brief

MUNICIPAL TRIAL COURT IN CITIES
City of Calapan Branch 2
FHITZGERALD PATO,
Plaintiff,
- versus - Civil Case No. 123456 For:

Collection of sum of money
DONNY MANNY YHAK,

Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
PRE-TRIAL BRIEF
DEFENDANT, by counsel, respectfully submits his Pre-Trial Brief for compliance with this
Honorable Court’s order on February 2, 2020, as follows:
I. THAT DEFENDANT IS WILLING TO ENTER INTO AN AMICABLE SETTLEMENT AND

POSSIBLE TERMS OF ANY SUCH SETTLEMENT
1.1. Provided that plaintiff is open to settling this dispute amicably,subject to a concrete proposal that
is fair and reasonable from and a reciprocal manifestation of openness from defendant,
1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, plaintiffrespectfully submits that
the desired terms of any amicable settlement would involve, first, an admission of amount due and
owing to plaintiff and, second, a schedule of payments.
II. BRIEF STATEMENT OF CLAIMS AND DEFENSES
2.1 That Defendant admits that he loaned money in the amount of ONE HUNDRED FIFTY
THOUSAND PESOS (P150, 000.00) on December 10, 2019.
2.2 Plaintiff claims that defendant failed to pay the amount loaned of ONE HUNDRED FIFTY
THOUSAND PESOS (P150,000.00) on January 10, 2020./
2.3 Defendant raise as a defense that payment was already made to Mimi Arfarf, of legal age, daughter
of herein plaintiff, on January10, 2020in theresidence of the plaintiff because plaintiff was not present
in her house.
2.4 That Mimi Arfarf gave a receipt to the defendant as proof of receipt of payment.
62
2.5 That Mimi Arfarf and herein defendant signed the said receipt inthe presence of FifiArfarf, son of
plaintiff, and John Lloyd Cruz and Robert Downey Jr., friend of the defendant.
2.6 That Defendant did not receive any demand letter from the Plaintiff on the dates that plaintiff
stated.
III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES
3.1. Defendant admits only those facts stated in their Answer such as the loan of the money in the
amount of ONE HUNDRED FIFTY THOUSAND PESOS (P150,000.00) on January 10, 2020.
3.2 Defendant admits that the date of payment was on January 10, 2020.
IV. STATEMENT OF FACTUAL AND LEGAL ISSUE
Whether or not the loan was paid and its corresponding legal interest.
V. EVIDENCE
5.1. Plaintiff intends to present the following witnesses:
5.1.1 Mr. John Lloyd Cruz , to establish that the plaintiff’s daughter and defendant actually met at the
residence of the plaintiff and defendant paid the plaintiff’s daughter in the amount of One Hundred
Fifty Thousand Pesos (P150,000.00);
5.1.2 Mr. Robert Downey Jr., to establish that the plaintiff’s daughter and defendant actually met at
the residence of the plaintiff and defendant paid the plaintiff’s daughter in the amount of One Hundred
Fifty Thousand Pesos (P150,000.00);
5.1.3 Kiwi Piologo, security guard of the plaintiff, to establish thatdefendant went to the plaintiff’s
residence on January 10, 2020 to pay the said amount loaned.
5.2. Documentary Evidence in the form of receipt issued by the plaintiff’s daughter for the defendant.
5.3. Plaintiff reserves the right to present any and all documentary evidence, which shall become
relevant to rebut defendants’ claims in the course of trial as well as any other witnesses whose
testimony will become relevant to belief defendants’ witnesses, if necessary.
VI. RESORT TO DISCOVERY
6.1. Considering the relatively simple issues presented, plaintiff does not intend to avail of discovery
at this time;
6.2. Subject, however, to a concrete and reasonable request for discovery from defendant, plaintiff
reserves the right to resort to discovery before trial.
VII. AVAILABLE TRIAL DATES
February 5, 2020, February 8, 2014, February 12, 2020, and February 15, 2014.
63
RESPECTFULLY SUBMITTED.
Wenceslao de la Paz B, November 29, 2014
THE FIRM LAW FIRM Counsel for the Plaintiff Wenceslao de LaPaz B, University of San
Agustin Iloilo City
By:
DONI JUNE V. ALMIO

IBP # 605482 1/8/14 Iloilo City
PTR # 0417576 1/8/14 City
ROA 30724 MCLE Compliance
No. II 01-23455
Copy Furnished:
By Personal Service
Atty. Vanity Gail Trivelegio

Wenceslao de LaPaz A, University of San Agustin
Iloilo City
III. EXPLANATION
A.Under what rule do we prepare this form
RULE 13 Section 11. Priorities in modes of service and filing. — Whenever practicable, the
service and filing of pleadings and other papers shall be done personally. Except with respect to
papers emanating from the court, a resort to other modes must be accompanied by a written
explanation why the service or filing was not done personally. A violation of this Rule may be
cause to consider the paper as not filed. (n)
64
B. Ground
As a general rule service and filing must be done personally, wheneber practicable. When
the service and filing is made in other mode other than personal service it must be accompanied by
a written explanation why the service or filing was not done personal
C. Who may file and when
All papers and documents that emanates from the parties are required to observe this rule.
The only exceptions are those service of papers from the courts.
D. Effect
Failure of the party to include the explanation to their pleadings may deem the document
not filed.
E.Sample
Copy of the foregoing ANSWER was served to plaintiff’s counsel by registered mail due to time and distance
constraints and for lack of the undersigned’s staff who can serve the same in person.
ARVIN GACUTAN
IV. AFFIDAVIT OF SERVICE
a. Definition
Section 2, Rule 13 of the Rules of Court defines and distinguishes Filing from Service. Filing is the
act of presenting the pleading or other paper to the clerk of court.
While, Service, is the act of providing a party with a copy of the pleading or paper concerned. If any
party has appeared by counsel, service upon him shall be made upon his counsel or one of them,
unless service upon the party himself is ordered by the court. Where one counsel appears for several
parties, he shall only be entitled to one copy of any paper served upon him by the opposite side.
b. Purpose
65
The purpose of the Rule is mainly to appraise such party of the pendency of an action before the
courts. Therefore, if such party was already notified of such action and had even participated in the
proceedings the purpose of this Rule is deemed fulfilled.
c. Who may file and When to file

Filed by the party which is submitting the Pleadings, Judgments and Other Papers, their
representatives, any peace officer, or public officer charged with the submission of the said papers.
d. Manner of Filing
Under Section 3 of Rule 13 lays down the following; Manner of filing. — The filing of pleadings,
appearances, motions, notices, orders, judgments and all other papers shall be made by presenting
the original copies thereof, plainly indicated as such, personally to the clerk of court or by sending
them by registered mail. In the first case, the clerk of court shall endorse on the pleading the date
and hour of filing. In the second case, the date of the mailing of motions, pleadings, or any other
papers or payments or deposits, as shown by the post office stamp on the envelope or the registry
receipt, shall be considered as the date of their filing, payment, or deposit in court. The envelope
shall be attached to the record of the case.
e. Modes of Service
1.) Personal service is done by:
◦ Delivering personally a copy to the party or his counsel;
◦ Leaving a copy in counsel’s office with his clerk or with a person having charge
thereof; or
◦ Leaving the copy between 8 a.m. and 6 p.m. at the party’s or counsel’s residence, if
known, with a person of sufficient age and discretion residing therein if no person
found in his office, or if his office is unknown, or if he has no office (Sec. 6, Rule 13)
2.) Service by mail is done by:

◦ By depositing the copy in the post office in a sealed envelope, plainly addressed to
the party or his counsel at his office, if known, otherwise at his residence, if known,
with postage fully prepaid, and with instructions to the postmaster to return the mail
to the sender after 10 days if undelivered; or
◦ Ordinary mail, if no registry service is available in the locality of either the sender or
the addressee (Sec. 7, Rule 13)
3.) Substituted Service is done by:
◦ If service of pleadings, motions, notices, resolutions, orders and other papers cannot
be made through personal service or by mail, the office and place of residence of the
party or his counsel being unknown, service may be made by delivering the copy to
the clerk of court, with proof of failure of both personal service and service by mail
(Sec. 8, Rule 13)
f. When is Service deemed complete:
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1.) Personal service – upon actual delivery;
2.) Service by ordinary mail – upon expiration of 10 days after mailing, unless the court
otherwise provides;
3.) Service by registered mail – upon actual receipt by the addressee, or 5 days from the
date he received the first notice of the postmaster, whichever date is earlier
4.) Substituted service – at the time of such delivery (Sec. 8, Rule 13).
The Rule on completeness of service by registered mail only provides for a disputable presumption.
The burden is on the petitioner to show that the postmaster’s notice never reached him and that he
did not acquire knowledge of the judgment. (Quelnan v. VHF Philippines)
Service of judgment on security guard of building where counsel’s office is located is valid and
binding. (Mendoza v. CA)
Service of notice of pre-trial on OSG is binding even if no notice was sent to the deputized counsel.
(Republic v. Viaje)
Service of resolution denying MR upon collaborating counsel already binds the client. (Philippine
Asset Growth v. Fastech PHL)
g. Proof of Filing
Generally, filing is proven by its existence in the record of the case. But if it is not in the records and
if it was filed personally it must be proved by the written or stamped acknowledgement of its filing
by the clerk of court on a copy of the same. Or if it was filed by registered mail proved by the
registry receipt and the affidavit of the person who did the mailing with the full statement of:
a. The date and place of depositing the mail in the post office in a sealed envelope addressed
to the court;
b. With postage fully paid; and
c. With instructions to the postmaster to return the mail to the sender after 10 days if
undelivered (Sec. 12, Rule 13)
h. Proof of Personal Service

• Written Admission of the party served;
• Official return of the server; or
• Affidavit of the party serving, containing the date, place and manner of service (Sec.
13, Rule 13)
i. Proof of Service by Ordinary Mail

• Affidavit of mailer showing compliance of Sec. 7, Rule 13; and
• Registry receipt issued by the mailing officer (Sec. 13, Rule 13)
j. Proof of Service by Ordinary Mail
• Affidavit; and
• Registry receipt issued by the mailing office (Sec. 13, Rule 13)
k. Sample of Affidavit of Personal Service

67
Makati City
Branch No. 148
AHA Fruits Company, Civil Case No. 923-M-90

Plaintiffs, Collection for Sum of Money
versus
General Food Products Distribution Co.,

Defendant,
x--------------------------------------------------x
ANSWER
DEFENDANT, through undersigned counsel, before this Honorable Court most respectfully states
that:
1. Defendant admits the averments in Paragraphs one (1) and two (2) of the Complaint;
2. Defendant specifically denies the allegation in Paragraph three (3) of the Complaint, the
truth, that the plaintiff never executed a contract on the amount of Seven Hundred Fifty
Thousand Sesos (PHP750,000.00) and that defendant’s signature was forged;
3. Defendant denies the averment in Paragraph four (4) of the Complaint as to the receipt of
the genuineness and due execution of the delivery receipt is concerned;
4. Defendant has no knowledge or information to form a belief as to the truth of the averment
in Paragraph five (5) of the Complaint;
5. Defendant specifically denies under oath the allegation in Paragraphs six (6) and seven (7)
of the Complaint, the truth being that the signature was forged and that they did not in fact
signed the said contract and there was no notice received by the defendant thereof, as
evidenced by the records of the defendant as Annex “A”;
in Paragraph eight (8) of the Complaint;
AFFIRMATIVE DEFENSES
Having answered the Complaint, the Defendant, GENERAL FOOD PRODUCTS

DISTRIBUTION CO., asserts the following enumerated Affirmative Defenses:
1. Signature of the Defendant was forged and that they did not in fact signed the alleged
contract.
2. All statements and comments made by the Defendant about the Plaintiff were made by the
Defendant with good motive and fair intention;
68
3. Plaintiff has failed to set forth ultimate facts due to inconsistency of the statements as to the
alleged transactions executed between the parties;
4. No act or omission on the part of the Defendant either caused or contributed to whatever
injury, if any, to the Plaintiff may have sustained.
PRAYER/COUNTERCLAIM
Defendant, GENERAL FOOD PRODUCTS DISTRIBUTION CO. alleges:
That by virtue of this unwarranted and malicious act initiated by the Plaintiff, Defendant was forced
to engaged counsel in the sum of Two Hundred Thousand Pesos (P200,000.00).
WHEREFORE, it is respectfully prayed that the complaint be dismissed and defendant be answered
the amount of Five Hundred Thousand Pesos (P500,000.00).
Other just and equitable reliefs are likewise prayed for.
Makati, June 28, 2019
Atty. ROMINA MONDRAGON

456 J.P Rizal Avenue, Makati City
IBP No. 98765, Makati 1-23456
PTR No.453267; 06-28-19, City of Makati
MCLE Compliance No. 111222333, 03-03-93
MCLE No. VI-001268; June 28, 2019
rominamondragon@gmail.com
0912 3456 789
Copy furnished through personal service:
Atty. Apolinario Mabini

Counsel for the plaintiff
124 Antonio Luna St.,
Brgy. Urdaneta, Makati City

City of Makati )S.S.
x----------x
AFFIDAVIT OF SERVICE
I, Sana Minatozaki, of legal age, single, and a resident of Makati, Philippines, after having been duly
sworn in accordance with law, hereby depose and say:
69
That I am a Secretary / Legal Aide of the law office of Atty. Romina Mondragom with office address
at 456 J.P Rizal Avenue, Makati City, Philippines;
That in my aforementioned capacity, I had personally served a copy of the pleading in the case entitled
“AHA Fruits Company v. General Food Products distribution Co.” docketed as Civil Case No. 923-
M-90 (by personal service) to the office of Jose Manuel Rizal's Counsel of Record, Atty. Apolinario
Mabini, with address at 124 Antonio Luna St., Brgy. Urdaneta, Makati City
IN WITNESS WHEREOF, I have hereunto set my hand this 5th of June, 2019 at Makati City,
Philippines
(Sgd.) ROGELIO DELA CRUZ

AFFIANT
SUBSCRIBED and sworn to me before this 20th day of June 2019 in Makati City affiant after
exhibiting to me his Philippine passport, as competent evidence of his identity.
Atty. DELFIN DIMASALANG

123 Pio Del Pilar St., Brgy. San Isidro, Makati City
IBP No. 12345, Makati 1-98765
MCLE No. VI-001268; June 28, 2019
delfindimasalang@gmail.com
0912 3456 789
Doc No. 20
Page No. 5
Book No. 2
Series of 2019
I, Rogelio Dela Cruz, Filipino, of legal age, married and residing at 456 Malugay St., Brgy. San Isidro,
Makati City is authorized by the Defendant corporation in filling the Answer, attached is the board
resolution as “ANNEX B”, after having been sworn in accordance with law, depose and state that:
1. I am the Defendant in the above-entitled case and have caused the preparation of the
foregoing Answer;
2. I have read and understood the allegations therein and the same are true and correct of my
own personal knowledge and/or based on authentic records;
70
3. I attest to the authenticity of the annexes hereof;
4. I have not commenced any action or filed any claim involving the same issues in any court,
tribunal or quasi-judicial agency, and to the best of my knowledge, no such other action
or claim is pending therein;
5. If there is such other pending action or claim, I will furnish this Honorable Court with a
complete statement of the present status thereof; and
6. If I should thereafter learn that the same or similar action or claim has been filed or is
pending, I shall report the fact within five (5) days therefrom to this Honorable Court
wherein my aforesaid complaint has been filed.
IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of June 2019, Makati City,
Philippines.
ROGELIO DELA CRUZ

Affiant

IBP No. 12345, Makati 1-98765
MCLE No. VI-001268; June 28, 2019
0912 3456 789
Doc No. 20
Page No. 5
Book No. 2
Series of 2019
Sample of Affidavit of Service by Registered Mail

NATIONA CAPITAL JUDICIAL REGION
Makati City
Branch No. 148
AHA Fruits Company, Civil Case No. 923-M-90

Plaintiffs, Collection for Sum of Money
versus
71
General Food Products Distribution Co.,
Defendant,
x--------------------------------------------------x
ANSWER
DEFENDANT, through undersigned counsel, before this Honorable Court most respectfully states
that:
1. Defendant admits the averments in Paragraphs one (1) and two (2) of the Complaint;
2. Defendant specifically denies the allegation in Paragraph three (3) of the Complaint, the
truth, that the plaintiff never executed a contract on the amount of Seven Hundred Fifty
Thousand Sesos (PHP750,000.00) and that defendant’s signature was forged;
3. Defendant denies the averment in Paragraph four (4) of the Complaint as to the receipt of
the genuineness and due execution of the delivery receipt is concerned;
in Paragraph five (5) of the Complaint;
5. Defendant specifically denies under oath the allegation in Paragraphs six (6) and seven (7)
of the Complaint, the truth being that the signature was forged and that they did not in fact
signed the said contract and there was no notice received by the defendant thereof, as
evidenced by the records of the defendant as Annex “A”;
in Paragraph eight (8) of the Complaint;
AFFIRMATIVE DEFENSES
Having answered the Complaint, the Defendant, GENERAL FOOD PRODUCTS

DISTRIBUTION CO., asserts the following enumerated Affirmative Defenses:
1. Signature of the Defendant was forged and that they did not in fact signed the alleged
contract.
2. All statements and comments made by the Defendant about the Plaintiff were made by the
Defendant with good motive and fair intention;
3. Plaintiff has failed to set forth ultimate facts due to inconsistency of the statements as to the
alleged transactions executed between the parties;
4. No act or omission on the part of the Defendant either caused or contributed to whatever
injury, if any, to the Plaintiff may have sustained.
72
PRAYER/COUNTERCLAIM
Defendant, GENERAL FOOD PRODUCTS DISTRIBUTION CO. alleges:
That by virtue of this unwarranted and malicious act initiated by the Plaintiff, Defendant was forced
to engaged counsel in the sum of Two Hundred Thousand Pesos (P200,000.00).
WHEREFORE, it is respectfully prayed that the complaint be dismissed and defendant be answered
the amount of Five Hundred Thousand Pesos (P500,000.00).
Makati, June 28, 2019
Atty. ROMINA MONDRAGON

456 J.P Rizal Avenue, Makati City
IBP No. 98765, Makati 1-23456
MCLE No. VI-001268; June 28, 2019
rominamondragon@gmail.com
0912 3456 789
Copy furnished through registered mail:
Atty. Apolinario Mabini

Counsel for the plaintiff
124 Antonio Luna St.,
Brgy. Urdaneta, Makati City
Registry Receipt No. 123
Post Office
June 5, 2019
EXPLANATION
The foregoing pleading and its attachment were served on Atty. Apolinario Mabini by
registered mail instead of personal service as counsel for petitioner only has one messenger and
personal service would have resulted in the motion not being filed on time to the detriment of
petitioner.
(Sgd.) ATTY. ROMINA MONDRAGON
73
Republic of the Philippines )
City of ) s.s.
AFFIDAVIT OF SERVICE BY MAIL
I, Sana Minatozaki, a messenger of Atty. Romina Mondragon, with office address at 456 J.P
Rizal Avenue, Makati City, after being duly sworn, deposes and states:
That on July 2, 2019, I served a copy of the following pleadings/papers by registered mail in
accordance with Section 10, Rule 13 of the Rules of Court:
Answer
in Civil Case No. 923-M-90 entitled “AHA Fruits Company v. General Food Products distribution
Co.” by depositing a copy in the post office in a sealed envelope, plainly addressed to Atty. Apolinario
Mabini at 124 Antonio Luna St., Brgy. Urdaneta, Makati City with postage fully paid, as evidenced
by Registry Receipt No. 123 attached and with instructions to the post master to return the main to
sender after ten (10) days if undelivered.
TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on the 5th of June, 2019
in the City of Makati, Philippines.
(Sgd.) ROGELIO DELA CRUZ

Affiant

IBP No. 12345, Makati 1-98765
MCLE No. VI-001268; June 28, 2019
0912 3456 789
Doc No. 20
Page No. 5
Book No. 2
Series of 2019
74
I, Rogelio Dela Cruz, Filipino, of legal age, married and residing at 456 Malugay St., Brgy. San Isidro,
Makati City is authorized by the Defendant corporation in filling the Answer, attached is the board
resolution as “ANNEX B”, after having been sworn in accordance with law, depose and state that:
1. I am the Defendant in the above-entitled case and have caused the preparation of the
foregoing Answer;
2. I have read and understood the allegations therein and the same are true and correct of my
own personal knowledge and/or based on authentic records;
3. I attest to the authenticity of the annexes hereof;
4. I have not commenced any action or filed any claim involving the same issues in any court,
tribunal or quasi-judicial agency, and to the best of my knowledge, no such other action
or claim is pending therein;
5. If there is such other pending action or claim, I will furnish this Honorable Court with a
complete statement of the present status thereof; and
6. If I should thereafter learn that the same or similar action or claim has been filed or is
pending, I shall report the fact within five (5) days therefrom to this Honorable Court
wherein my aforesaid complaint has been filed.
IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of June 2019, Makati City,
Philippines.
ROGELIO DELA CRUZ

Affiant

IBP No. 12345, Makati 1-98765
MCLE No. VI-001268; June 28, 2019
0912 3456 789
Doc No. 20
Page No. 5
Book No. 2
Series of 2019
.
75
.
Arellano University
School of Law

for the subject:
Submitted By:
GROUP 7
Viran, Archimedes John

Certificate of Preliminary Investigation
De Leon, Ivy Rose

Certificate of Conduct of Inquest
Agustin, Marie Nicole

Petition for Bail
Gonzales, Dexter Lee

Motion to Reduce Bail
76
TABLE OF CONTENTS
XIV. Certificate of Preliminary Investigation 3

a. Preliminary Investigation
b. Purposes of Preliminary Investigation
c. Sample Form
XV. Certificate of Conduct of Inquest 5

a. Legal Basis
b. Purpose
c. Procedure
d. Contents of the Information (Inquest Cases)
e. Filing/Execution
f. Sample Form
XVI. Petition for Bail 12

a. Constitutional Basis
b. Definition
c. Purpose
d. Bail as a matter of right
e. Bail when discretionary
f. Who may file and where
g. Guidelines in fixing amount of bail
h. When bail can be denied or cancelled
i. Sample Form
XVII. Motion to Reduce Bail 17

a. Definition
b. Legal Basis
c. Purpose
d. Contents
e. Parties
f. Grounds
g. When to File
h. Where to File
i. Effects of the Execution
j. Sample Form

77
II. Certificate of Preliminary Investigation
B. Preliminary Investigation
It is an inquiry or proceeding to determine whether there is sufficient ground to

engender a well-founded belief that a crime has been committed and the
respondent is probably guilty thereof, and should be held for trial. (Sec. 1, Rule
112)
It is merely inquisitorial and a means of determining the persons who may be

reasonably charged with a crime. It is not a trial of the case on the merits.
(Herrera, 2007)
A preliminary investigation is in effect a realistic judicial appraisal of the merits

of the case. Sufficient proof of the guilt of the accused must be adduced so
that when the case is tried, the trial court may not be bound as a matter of law
to order an acquittal. (Cojuangco, Jr. vs. PCGG, et. al, as held in Uy v.
Ombudsman, G.R. Nos. 156399-400, June 27, 2008)
C. Purposes of Preliminary Investigation
1. For the investigating prosecutor to determine if the crime has been

committed;
2. To protect the accused from inconvenience, expense and burden of

defending himself in a formal trial unless probability of his guilt is first
ascertained by a competent officer;
3. To secure the innocent against hasty, malicious, and oppressive

prosecution and to protect him from an open and public accusation of a
crime and anxiety of a public trial;
4. To protect the State from having to conduct useless and expensive trial;
and
5. To determine the amount of bail, if the offense is bailable.
A certificate if preliminary investigation is usually found at the second page of

the information filed before the court in order to certify that a proper preliminary
investigation has been conducted prior to the filing of a case before the court.
78
C. Sample Form
79
II. Certificate of Conduct of Inquest
G. Legal Basis
It is provided in Sec. 1, Rule 112, Rules on Criminal Procedure, that a
preliminary investigation is required to be conducted before the filing of a
complaint or information for an offense where the penalty prescribed by law is
at least 4 years, 2 months and 1 day, without regard to the fine. It is doctrinally
settled that the right to preliminary investigation is not a constitutional right, but
is merely a right conferred by statute (Serapio v. Sandiganbayan, G.R. No.
148468, January 28, 2003). But where there is a statutory grant of the right to
preliminary investigation, denial of the same is an infringement of the due
process clause (Go v. Court of Appeals, 206 SCRA 138). Article III, Section 1
of the 1987 Constitution provides that no person shall be deprived of life,
liberty, or property without due process of law, nor shall any person be denied
the equal protection of the laws.
However Rule 112, Section 7 of the Rules of Court provides:
When a person is lawfully arrested without a warrant involving an offense

which requires a preliminary investigation, the complaint or information may be
filed by a prosecutor without need of such investigation provided an inquest
has been conducted in accordance with existing rules. In the absence or
unavailability of an inquest prosecutor, the complaint may be filed by the
offended party or a peace office directly with the proper court on the basis of
the affidavit of the offended party or arresting officer or person.
Before the complaint or information is filed, the person arrested may ask for a
preliminary investigation in accordance with this Rule, but he must sign a
waiver of the provisions of Article 125 of the Revised Penal Code, as amended,
in the presence of his counsel. Notwithstanding the waiver, he may apply for
bail and the investigation must be terminated within fifteen (15) days from its
inception.
After the filing of the complaint or information in court without a preliminary

investigation, the accused may, within five (5) days from the time he learns of
its filing, ask for a preliminary investigation with the same right to adduce
evidence in his defense as provided in this Rule.
The Revised Penal Code also prescribed penalties upon public officer or
employee who shall detain any person for some legal ground and shall fail to
deliver such person to the proper judicial authorities within the period of; twelve
(12) hours, for crimes or offenses punishable by light penalties, or their
equivalent; eighteen (18) hours, for crimes or offenses punishable by
correctional penalties, or their equivalent and thirty-six (36) hours, for crimes,
or offenses punishable by afflictive or capital penalties, or their equivalent.
Inquest is defined as an informal and summary investigation conducted

by a public prosecutor in criminal cases involving persons arrested and
detained without the benefit of a warrant of arrest issued by the court for the
80
purpose of determining whether said persons should remain under custody
and correspondingly be charged in court. (New Rules on Inquest, DOJ
Department Circular No. 61,Sec. 1)
H. Purpose
An inquest is conducted for the purpose of determining whether persons
arrested and detained without the benefit of a warrant of arrest issued by the
court should remain under custody and correspondingly be charged in court.
(New Rules on Inquest, DOJ Department Circular No. 61,Sec. 1)
I. Procedure
New Rules on Inquest, DOJ Department Circular No. 61 provides:
The Inquest Officer shall first determine if the arrest of the detained person
was made in accordance with paragraphs (a) and (b) of Section 5, Rule 113 of
the Revised Rules on Criminal Procedure, as amended, which provide that
arrests without a warrant may be effected:
a) when, in the presence of the arresting officer, the person to be arrested

has committed, is actually committing, or is attempting to commit an
offense;or
b) when an offense has in fact just been committed, and the arresting officer
has personal knowledge of facts indicating that the person to be arrested
has committed it.
For this purpose, the Inquest Officer may summarily examine the arresting
officers on the circumstances surrounding the arrest or apprehension of the
detained person.
Should the Inquest Officer find that the arrest was not made in accordance with
the Rules, he shall: a) recommend the release of the person arrested or
detained; b) note down the disposition on the referral document; c) prepare a
brief memorandum indicating the reasons for the action taken; and d) forward
the same, together with the record of the case, to the City or Provincial
Prosecutor for appropriate action.
Where the recommendation for the release of the detained person is approved
by the City or Provincial Prosecutor but the evidence on hand warrants the
conduct of a regular preliminary investigation, the order of release shall be
served on the officer having custody of said detainee and shall direct the said
officer to serve upon the detainee the subpoena or notice of preliminary
investigation, together with the copies of the charge sheet or complaint,
affidavits or sworn statements of the complainant and his witnesses and other
supporting evidence.
81
Should the inquest Officer find that the arrest was properly effected, the
detained person shall be asked if he desires to avail himself of a preliminary
investigation and, if he does, he shall be made to execute a waiver of the
provisions of Article 125 of the Revised Penal Code, as amended , with the
assistance of a lawyer and, in case of non-availability of a lawyer, a responsible
person of his choice. The preliminary investigation may be conducted by the
Inquest Officer himself or by any other Assistant Prosecutor to whom the case
may be assigned by the City or Provincial Prosecutor, which investigation shall
be terminated within fifteen (15) days from its inception.
Where the detained person does not opt for a or otherwise refuses to execute
the required waiver, the inquest officer shall proceed with the inquest by
examining the sworn the complainant and the witnesses and other supporting
documents, if necessary, the Inquest Officer shall require the presence of the
complaining witnesses and subject them to an informal and summary
investigation or examination for purposes of determining the existence of
probable cause.
If the Inquest Officer finds that probable cause exists, he shall forthwith prepare
the corresponding complaint/information with the recommendation that the
same be filed in court. The complaint/information shall indicate the offense
committed and the amount of bail recommended, if bailable.
Thereafter, the record of the case, together with the prepared

complaint/information, shall be forwarded to the City or Provincial Prosecutor
for appropriate action.
The complaint/information may be filed by the Inquest Officer himself or by any

other Assistant Prosecutor to whom the case may be assigned by the City or
Provincial Prosecutor.
82
J. Contents of the Information (Inquest Cases)
The information shall, among others, contain:
a) a certification by the filing Prosecutor that he is filing the same in

accordance with the provisions of Section 7, Rule 112, Rules on
Criminal Procedure, in cases cognizable by the Regional Trial
Court;
b) the full name and aliases, if any, and address of the accused;
c) the place where the accused is actually detained;
d) the full names and addresses of the complainant and witnesses
e) a detailed description of the recovered items, if any;
f) the full name and address of the evidence custodian;
g) the age and date of birth of the complainant or the accused, if eighteen
(18) years of age or below; and
h) the full names and addresses of the parents, custodians or guardians of
the minor complainant or accused, as the case may be.
K. Filing/Execution
a) Who may file
The Certificate of Conduct of Inquest shall be prepared by the Inquest

Prosecutor as a necessary part of an Information to be prepared by him,
subject to the of approval of the the City or Provincial Prosecutor.
The complaint/information may be filed by the Inquest Officer himself or

by any other Assistant Prosecutor to whom the case may be assigned by
the City or Provincial Prosecutor.
b) When to file
The Supreme Court in Medina v. Orozco (125 Phil. 313, G.R. No. L-26723,
December 22, 1966) and Soria v. Desierto (490 Phil. 749, G.R. No.
153524-25, January 31, 2005) held that the period under Article 125 need
not be coterminous with the period for completing an inquest, because of
the presence of holidays and the consequent inability to file the
information before the court; hence, the inquest may be terminated
beyond the periods prescribed in Article 125.
There is no law requiring the inquest prosecutor to act or file an

information against such person within a limited period of time after the
arresting officer has taken the prisoner to the inquest prosecutor. Hence,
DOJ Circular No. 61, 1993 provides that inquest proceedings must, as far
as practicable, be terminated within the period prescribed under the
provisions of Article 125 of the Revised Penal Code, as amended. The
Rules on Inquest provides that if the Inquest Officer finds that probable
83
cause exists, he shall forthwith prepare the corresponding
complaint/information with the recommendation that the same be filed in
court.
c) Where to file
Section 15, Rule 110 provides the place where action is to be instituted
as follows:
a) Subject to existing laws, the criminal action shall be instituted and

tried in the court of the municipality or territory where the offense was
committed or where any of its essential ingredients occurred.
b) Where an offense is committed in a train, aircraft, or other public

or private vehicle while in the course of its trip, the criminal action
shall be instituted and tried in the court of any municipality or territory
where such train, aircraft or other vehicle passed during such its trip,
including the place of its departure and arrival.
c) Where an offense is committed on board a vessel in the course of

its voyage, the criminal action shall be instituted and tried in the court
of the first port of entry or of any municipality or territory where the
vessel passed during such voyage, subject to the generally accepted
principles of international law.
d) Crimes committed outside the Philippines but punishable under

Article 2 of the Revised Penal Code shall be cognizable by the court
where the criminal action is first filed.
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L. Sample Form
Branch No. 123
Pasay City
THE PEOPLE OF THE PHILIPPINES,

Petitioner,
CRIMINAL CASE NO. 45678
-versus- FOR: Murder
AKU SADO,
Accused.
x---------------------------------------------x
INFORMATION
The undersigned accused AKU SADO of the crime of murder, defined and
penalized under Article 248 of the Revised Penal Code, committed as follows:
That on or about the 7th day of March, 2020, in the City of

Pasay, and within the jurisdiction of this Honorable Court, the
said accused, while serving as a driver of the household of
NATHAN PARK, with treachery and evident premeditation,
and with great abuse of confidence, did then and there willfully,
unlawfully and feloniously, attack, assault, and stab his
employer Nathan Park, with a knife, while the latter was asleep
in the master’s bedroom alone, to insure that there would not
be any risk to himself, inflicting upon the said employer fatal
wounds in the chest and the head which caused the direct
death of the victim.
CONTRARY TO LAW.
Pasay City, Philippines, March 8, 2020.
PEACHY ANN MABUNGA

Assistant City Prosecutor
WITNESSES:
1. Billy Craw – 123 Block Z, Intervention St., Pasay City

2. Jong Hilar – 456 Block Z, Intervention St., Pasay City
CERTIFICATION
85
I hereby certify that the foregoing information is filed pursuant to the provisions
of Rules on Criminal Procedure, the accused was lawfully arrested without a warrant
and that, upon being informed of his rights, not having opted to avail himself of his
right to preliminary investigation and not having executed a waiver pursuant to the
Revised Penal Code. I further certify that this information is being filed with the prior
authority of the City Prosecutor.
Pasay City, Philippines
PEACHY ANN MABUNGA

Assistant City Prosecutor
SUBSCRIBED AND SWORN TO BEFORE ME this 8th day of March 2020, in

Pasay City.
JUAN DELA CRUZ

City Prosecutor
III. Petition for Bail
A. Constitutional Basis
All persons, except those charge with offenses punishable by reclusion

perpetua when evidence of guilt is strong, shall before conviction be bailable by
86
sufficient sureties or be released on recognizance as may be provided by law. The
right to bail shall not be impaired even when the privilege of the writ of habeas
corpus is suspended. Excessive bail shall not be required. (Section 13, Art. II)
B. Definition of Bail
Bail is security given for the release of a person in custody of the law
furnished by him or a bondman, to guarantee his appearance before any court as
required under the conditions hereinafter specified. Bail may be given in the form
of corporate surety, property bond, cash deposit or recognizance. (Rule 114, Sec.1
Rules of Court)
C. Purpose of posting bail
To relieve an accused from the rigors of imprisonment until his conviction

and secure his appearance at the trial. (Paderanga v. CA)
D. Bail as a matter of right
All persons in custody shall be admitted to bail as a matter of right, with

sufficient sureties or release on recognizance under the following circumstances:
(a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court,
Municipal Trial Court in cities and Municipal Circuit Trial Court, and (b) before
conviction by the Regional Trial Court of an offense not punishable by death,
reclusion perpetua or life imprisonment. (Rule 114, Sec.4 Rules of Court)
E. Bail when discretionary
Upon conviction by the Regional Trial Court of an offense not punishable by

death, reclusion perpetua or life imprisonment admission to bail is discretionary.
(Rule 114, Sec.5 Rules of Court)
*If the offense committed by the accused is punishable by death, reclusion

perpetua or life imprisonment provided that the evidence of guilt against him is not
strong.
87
F. Who may file and where
Ø Accused who must be in custody of law.
Ø It may be filed with the court where the case is pending;
Any regional trial judge, metropolitan trial judge, municipal trial judge or municipal
circuit trial judge in the province, city or municipality in the absence or
unavailability of the judge;
Ø If the accused is arrested in the province, city or municipality other than where
the case is pending, bail may also be filed with any RTC of said place.
Ø Where the grant of bail is a matter of discretion, or accused seeks to be released

on recognizance, the application may only be filed in the court where the case is
pending.
Ø Any person in custody not yet charged may apply for bail with any court in the
province, city or municipality where he is held. (Rule 114, Sec.17 Rules of Court)
G. Guidelines in fixing amount of bail
The judge who issued the warrant or granted the application shall fix a
reasonable amount of bail considering primarily, but not limited to, the following
factors:
(a) Financial capacity of the accused to give bail;
(b) Nature and circumstances of the offense;
(c) Penalty of the offense charged;
(d) Character and reputation of the accused;
(e) Age and health of the accused;
(f) Weight of the evidence of the accused;
(g) Probability of the accused appearing at the trial;
(h) Forfeiture of other bail;
(i) The fact that accused was a fugitive from justice when arrested; and
(j) Pendency of other cases where the accused is on bail. (Rule 114, Sec.9 Rules
of Court)
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M. Conditions of Bail
(a) The undertaking shall be effective upon approval and remain in force at all
stages of the case, unless sooner cancelled, until the promulgation of the
judgment of the Regional Trial Court, irrespective of whatever the case was
originally filed in or appealed to it;
(b) The accused shall appear before the proper court whenever so required by
the court or these Rules;
(c) The failure of the accused to appear at the trial without justification despite
due notice to him or his bondsman shall be deemed an express waiver of his
right to be present on the date specified in the notice. In such case, the trial may
proceed in absentia; and
(d) The bondsman shall surrender the accused to the court for execution of the
final judgment.
The original papers shall state the full name and address of the accused, the
amount of the undertaking and the conditions herein required. Photographs
(passport size) taken recently showing the face, left and right profiles of the
accused must be attached thereto. (Rule 114, Sec.2 Rules of Court)
N. When bail can be denied or cancelled
Ø If the penalty imposed by the trial court is imprisonment exceeding six years, the
accused shall be denied bail.
Ø His bail shall be cancelled upon showing by the prosecution with notice to the
accused of the following:
(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has

committed the crime aggravated by the circumstance of reiteration;
(b) That he has previously escaped from legal confinement, evaded sentence, or
violated the conditions of his bail without valid justification;
(c) That he committed the offense while under probation, parole or under
conditional pardon;
(d) That the circumstances of his case indicate the probability of flight if released
on bail; or
(e) That there is undue risk that he may commit another crime during the
pendency of the appeal. (Rule 114, Sec.5 Rules of Court)
89
I. Sample Form
Branch 147
Makati City
PEOPLE OF THE PHILIPPINES, Criminal Case No. 12345
-versus- For: Robbery
AKU SADO,
Accused.
PETITION FOR BAIL
COMES NOW the Accused, AKU SADO, through the undersigned counsel,
unto this Honorable Court, most respectfully states that:
1) That accused is currently detained at the Makati City Jail for the charge of Murder
and has been behind bars since his arrest on February 14, 2020;
2) That no bail has been recommended for his temporary release on the assumption
that the evidence of guilt is strong;
3) That the prosecution's evidence of guilt against accused, however, is weak as there
is no direct evidence that will point to the accused to have committed the charges
against him. The records will show that accused was malicious implicated in the
case through the sworn statements of SINU NGALING and BULA AN who
subsequently recanted their testimonies and confessed, among others, that they
were made to sign the "affidavits of witnesses" against their will. (copies of the
Affidavits of Recantation are hereto attached as Annexes "A" and "B")
4) That there is no other physical or documentary evidence to show that accused is

guilty of the crime charged;
5) That the burden of showing that evidence of guilt is strong is on the prosecution,
and since this fact is not satisfactorily shown, accused is entitled to bail as a matter
of right during the pendency of the criminal case.
.
PRAYER
90
WHEREFORE, premises considered, it is most respectfully prayed of this
Honorable Court that the Accused, AKU SADO, be allowed to post bail for his
temporary liberty, pending the trial of the criminal charges against him.
RESPECTFULLY SUBMITTED.
Makati City, Philippines, 28 February 2020.
ATTY. MARIE NICOLE AGUSTIN

Counsel for the Accused
NOTICE OF HEARING
THE BRANCH CLERK OF COURT

Regional Trial Court, Branch 147
Makati City
Greetings!
Please submit the foregoing petition for bail to the Honorable Court on March 5,
2020 at 8:30 in the morning for its favorable consideration and approval.
Marie Nicole Agustin
91
IV. Motion to Reduce Bail
A. Definition
A motion is an application for relief other than by a pleading (Section 1, Rule

15 of the Rules of Court).
Bail is the security given for the release of a person in custody of the law,
furnished by him or a bondsman, to guarantee his appearance before any court
as required under the conditions hereinafter specified. Bail may be given in the
form of corporate surety, property bond, cash deposit, or recognizance
(Section 1, Rule 114 of the Rules of Court).
A motion to reduce bail is an application for relief seeking to reduce the amount
of bail fixed by the court for the provisional liberty of the accused.
B. Legal Basis
Section 20, Rule 114 of the Rules of Court:
Increase or reduction of bail. – After the accused is admitted to bail, the

court may, upon good cause, either increase or reduced its amount. When
increased, the accused may be committed to custody if he does not give bail
in the increase amount within a reasonable period. An accused held to answer
a criminal charge, who is released without bail upon filing of the complaint or
information, may, at any subsequent stage of the proceedings and whenever
a strong showing of guilt appears to the court, be required to give bail in the
amount fixed, or lieu thereof, committed to custody.
C. Purpose
The purpose of the motion to reduce bail is to allow the provisional liberty of
the accused who is an indigent and has no means to raise the full amount of
bail fixed by the court.
D. Contents
1. Heading
2. Case Title
3. Title of the Motion – Motion to Reduce Bail
4. Body
a. Prefatory statement
b. Statement of the nature of the case
c. Statement of the bail recommended and fixed by the court
d. Facts and circumstances stating the indigency of the accused and he
has no means to raise the full amount of bail
e. Undertaking
5. Prayer
6. Information of Counsel
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7. Explanation
8. Request for Hearing
9. Affidavit of Service
E. Parties
The accused or his counsel is the affiant in a motion to reduce bail.
F. Grounds
2016 Revised PAO Operations Manual
ARTICLE 3. Indigency Test. - Taking into consideration recent surveys on the

amount needed by an average Filipino family to (a) buy its "food consumption
basket" and (b) pay for its household and personal expenses, the following
shall be considered indigent persons:
1. If residing in Metro Manila, whose individual net income does not exceed
P14,000.00 a month;
2. If residing in other cities, whose individual net income does not exceed
P13,000.00 a month; and
3. If residing in all other places, whose individual net income does not exceed
P12,000.00 a month.
G. When to File
When the accused is already in custody of the law.
H. Where to File
It should be filed with the court where the case is pending.
I. Effects of Execution
If granted by the court, the accused must be discharge upon approval of the
bail in its reduced amount by the judge with whom it was filed.
93
J. Sample Form

THIRD JUDICIAL REGION
BRANCH 55
MACABEBE, PAMPANGA

THE PEOPLE OF THE
P H I L I P P I N E S,
Plaintiff,
-versus- CRIMINAL CASE NO. 20-7929(M)

For: Violation of Section 11, Article II of
Republic Act No. 9165

MICHAEL USI y CASTRO,
Accused.
x- - - - - - - - - - - - - - - - - - - - x

MOTION TO REDUCE BAIL

Above-named accused, assisted by the Public Attorney’s Office, by the
undersigned counsel and unto the Honorable Court, most respectfully states
that:
1. The above-named accused stand charged for violation of Section 11, Article
II of Republic Act No. 9165;
2. The recommended bail for his provisional liberty is two hundred thousand
pesos (PhP200,000.00);
3. Considering, however, the very meager resources of their family, he could

not possibly raise the aforesaid amount to secure his temporary liberty.
Attached hereto is a copy of his Barangay Certificate of Indigency, herein
marked as Annex “A;”
4. Should he be allowed to be released on bail, the accused undertake not to

abscond and to be always present in court whenever so required in order
to clear his name of the charge leveled against him.

94
PRAYER

In view thereof and in the interest of substantial justice, accused beg the
kind indulgence of this Honorable Court that they be allowed to post bail
equivalent to one-half of the recommended bail for the crime charged against
him, from two hundred thousand pesos (PhP200,000.00) to one hundred
thousand pesos (PhP100,000.00).

Macabebe, Pampanga, March 8, 2020.

ATTY. LEXIS G. CANLAS

IBP Lifetime Roll No. 10178; O.R. No. 872692
MCLE Compliance No. VI-0006735

Copy furnished:

Assistant Provincial Prosecutor Joey T. Roque
Public Prosecutor
Office of the Provincial Prosecutor
City of San Fernando

EXPLANATION

The foregoing MOTION has been sent to the Office of the Provincial Prosecutor
of Pampanga by registered mail due to time constraint, distance and lack of
personnel to effect personal service in this office pursuant to Section 7, Rule
13 of the Revised Rules on Civil Procedure.

95
REQUEST FOR HEARING

ATTY. KENNETH ZAFRA
Clerk of Court
Branch 55
Macabebe, Pampanga

Greetings:

Kindly submit the foregoing Motion for the consideration and approval of the
Honorable Court immediately upon receipt hereof or on March 13, 2020 at 8:30
in the morning.

REPUBLIC OF THE PHILIPPINES )

PROVINCE OF PAMPANGA ) S.S.

AFFIDAVIT OF SERVICE

I, JOANA B. GARCIA, of legal age, single, Filipino and with office address at
Public Attorney’s Office, under oath, depose and state that:

1. On March 9, 2020, I was the one who personally sent by registered mail at
the __________________ this Motion for Reduction of Bail addressed to
the Office of the Provincial Prosecutor of Pampanga. This is evidenced by
Registry Receipt No. P-012 pasted on said document and filed at the Office
of the Clerk of Court, Regional Trial Court, Branch 55, Macabebe,
Pampanga;
2. Service by registered mail is resorted to due to time restraint and long

distance of the offices of the opposing counsels pursuant to Section 7, Rule
13 of the Revised Rules on Civil Procedure;
3. I am executing this affidavit to attest of the truthfulness and veracity of the

foregoing.

IN WITNESS WHEREOF, I am executing this Affidavit to attest to the
truth of the foregoing facts this March 9, 2020 in Macabebe, Pampanga.
96

JOANA B. GARCIA
Affiant
PAO I.D. No. ___________

SUBSCRIBED AND SWORN TO BEFORE ME this March 9, 2020 in
Macabebe, Pampanga.


Public Attorney III
Administering Officer
Pursuant to R.A. No. 9406

97
Arellano University
School of Law

for the subject:
Submitted By:
GROUP 8
Tabunda, Hannah
Motion for Leave of Court to File Amended Information
Villareal, Jusel
Omnibus Motion for a Bill of Particulars
Capa, Kristabelle
Motion for Extension of Time to File Answer
Mengullo, Teneessee Anne

Reply
98
TABLE OF CONTENTS
I. Motion for Leave of Court to File Amended Information 3

a. Meaning
b. Legal Basis
c. Contents
d. Who May File
e. When and Where to File
f. Effects of Execution
g. Sample Form
II. Omnibus Motion for a Bill of Particulars 10

a. Background
b. Formalities
c. Comparative Matrix
d. Purpose
e. Contents and Filing
f. Effects
g. Sample Form
III. Motion for Extention of Time to File Answer 14

a. Background
b. Formalities
d. Contents
e. Execution and Filing
f. Effects of Execution
g. Sample Form
IV. Reply 23
a. Background
b. Formalities
d. Purpose
e. Contents and Filing
f. Sample Form
99
I. Motion for Leave of Court to File Amended Information
A. MEANING
Amendment refers to change in either the form or substance of the same offense in
the Information (Teehankee, Jr. vs. Madayag, G.R. No. 103102, March 06, 1992). An
amendment of an information may be either of substance or of form. A substantial
amendment consists of changing the recital of facts constituting the offense charged and
determinative of the jurisdiction of the court. On the other hand, a formal amendment is
one which does not charge another offense different from that charged in the original one,
or do not alter the prosecution’s theory of the case so as to cause the surprise to the
accused and effect the form of defense he has or will assume.
The Court, in various jurisprudence, ruled that the following are substantial
amendments: 1) changing the original crime charged to a crime with a higher imposable
penalty by averring several additional circumstances; and 2) amendment to vest
jurisdiction upon the court. In the same way, the court held that the following grounds as
formal amendments: 1) new allegations which relate only to the range of the penalty that
the court might impose in the event of conviction; 2) an amendment which does not
charge another offense different or distinct from that charged in the original one; and 3)
an amendment which does not adversely affect any substantial right of the accused. It
should be noted that the abovementioned grounds for substantial or formal amendments
are not exclusive.
It is important that amendments to a defective information be timely made. An

accused cannot be convicted of a crime under a mode of commission different from that
alleged in the information as that would be tantamount to a violation of a person’s
constitutional right to be informed of the nature and cause of the accusation against him.
Likewise, it is a well-established fact that a defective information is a ground for the
dismissal of the case, even on appeal.
B. LEGAL BASIS
Section 14, Rule 110, Revised Rules of Court
Amendment or substitution. — A complaint or information may be amended,

in form or in substance, without leave of court, at any time before the accused
enters his plea. After the plea and during the trial, a formal amendment may
only be made with leave of court and when it can be done without causing
prejudice to the rights of the accused.
However, any amendment before plea, which downgrades the nature of the
offense charged in or excludes any accused from the complaint or information,
can be made only upon motion by the prosecutor, with notice to the offended
party and with leave of court. The court shall state its reasons in resolving the
motion and copies of its order shall be furnished all parties, especially the
offended party.
10
0
If it appears at any time before judgment that a mistake has been made in
charging the proper offense, the court shall dismiss the original complaint or
information upon the filing of a new one charging the proper offense in
accordance with Section 19, Rule 119, provided the accused shall not be
placed in double jeopardy. The court may require the witnesses to give bail for
their appearance at the trial.
C. CONTENTS OF THE MOTION
1. Heading;
2. Name of the parties;
3. Designation of the offense;
4. Title of the pleading – Motion for Leave to Amend Information;
5. Allegation of facts constituting the cause of action;
6. Grounds invoked for the amendment;
7. Prayer;
8. Signature of prosecutor/s; and
9. Copy furnished.
D. WHO MAY FILE
The power to amend is lodged with the prosecutor. As held in the case of Regional Director
Balabago, Jr. vs. Judge Duquilla, 238 SCRA 645, “it is gross ignorance of the law for a judge to
amend motu proprio the complaint, as the power to amend a complaint at any time before the
accused pleads is lodged in the prosecuting officer.”
E. WHEN AND WHERE TO FILE
A complaint or information may be amended in the following manner:
As a general rule, any amendment, formal or substantial, before the accused enters
his plea may be done without leave of court and when it can be done without causing
prejudice to the rights of the accused. However, any amendment before plea, which 1)
downgrades the nature of the offense charged or, 2) excludes any accused from the
Complaint or Information can be made only:
a. Upon motion by the Prosecutor

b. With notice to the offended party; and
c. With leave of court.
The abovementioned requisites are established for the offended party to be

informed and protected against any change in favor of the accused, and by preventing
the prosecuting officer from exercising oppressively its discretion to amend.
10
1
After plea, only a formal amendment can be made which requires:
a. Leave of court; and

b. Such amendment is not prejudicial to the rights of the accused.
F. EFFECTS OF EXECUTION
The effect of this pleading is not for the execution of a new information because it
does not change another offense different or distinct from that charged in the original one;
it supersedes the original information but relates back to the date at which the original
information was filed.
However, it was settled in the case of Leviste vs. Almeda, G.R. No. 182677, August
03, 2020, that an Information which is void ab initio cannot be amended to obviate a
ground for quashal. Likewise, an amendment which operates to vest jurisdiction upon the
trial court is impermissible.
10
2
G. SAMPLE FORM
REPUBLIC OF THE PHILIPPINES FOURTH

JUDICIAL REGION MUNICIPAL CIRCUIT
TRIAL COURT
Meycauayan, Bulacan

Plaintiffs,
-versus- Crim. Case No. SC-06-3852
JUAN DELA CRUZ,

Accused.
x x
MOTION FOR LEAVE TO

AMEND INFORMATION
The Prosecution, through undersigned Public Prosecutor and Private

Prosecutor, by way of Motion for Leave to Amend Information, respectfully states:
1. On 10 October 2006, Prosecution filed the Information dated 06 October 20061,

charging accused Juan Dela Cruz of the crime of Reckless Imprudence Resulting to Serious Physical
Injuries as a result of the incident on 05 October 2006, when the Isuzu cargo truck with Plate
Number UTL-599 being driven by the accused, hit and bumped Private Complainant Pedro Reyes;
to which accused entered a plea of not guilty.2
3
2. On , private complainant died as a result of serious
physical injuries sustained from the aforesaid incident.
3. As a consequence of the supervening fact of death of private complainant,

Prosecution respectfully moves to amend the Information to Reckless Imprudence Resulting to
Homicide, pursuant to Section 14, Rule 110 of the Revised Rules on Criminal Procedure, thus:
1 Copy of the Information dated 06 October 2006 is attached as Annex “A” hereof.
2 Order dated 07 January 2007.
3 Copy of the Certificate of Death is attached as Annex “B” hereof.
10
3
“Amendment or substitution. --- A complaint or information
may be amended, in form or substance, without leave of court, at
any time before the accused enters his plea. After the plea and
during the trial, a formal amendment may only be made with
leave of court and when it can be done without causing prejudice
to the rights of the accused. (Emphasis ours)
“x x x”
4. The amendment of the Information is only a formal amendment because: 4.1)
The new allegation, i.e., death of Private Complainant,

only relates to the range of penalty that the court might impose in the
event of conviction.4 Amending the Information to Reckless
Imprudence Resulting to Homicide will only modify the range of
imposable penalty, i.e., arresto mayor in its maximum period to
prision correccional in its medium period. In the original Information
for Reckless Imprudence Resulting to Serious Physical Injuries, the
imposable penalty is arresto mayor in its minimum and medium
periods.
4.2) It is an amendment which does not charge another offense

different or distinct from that charged in the original one.5 Accused is still
charged of the crime of principal crime of Reckless Imprudence. It is only
the result of the imprudent act which is being sought to be amended. It
bears stressing that in the crime of reckless imprudence, “the law punishes
the negligent and careless act, not the result thereof… The gravity of the
consequence is only taken into account to determine the penalty; it does not
qualify the substance of the offense.”6
4.3) The additional allegation does not alter the prosecution’s

theory of the case so as to cause surprise to the Accused and affect the
form of defense he has or will assume.7 The amendment of the Information
is not prejudicial to the rights of the Accused. This was explained in the
same case of Matalam, thus:
“The test as to whether a defendant is prejudiced

by the amendment has been said to be whether a
defense under the information as it originally stood
would be available after the amendment is made, and
whether any evidence defendant might have would be
equally applicable to the information in the one form as
4
Matalam v. Sandiganbayan, 455 SCRA 736, 747-47 (2005).
5
Id. at 747.
6
A. Gregorio, Fundamentals of Criminal Law Review 710 (1988). Underscoring ours.
7
Supra note 4.
10
4
in the other. An amendment to the information which
does not change the nature of the crime alleged therein
does not affect the essence or cause surprise or
deprive the accused of an opportunity to meet the new
amendment had each been held to be one of form and
not of substance.”8 (Underscoring ours).
4.4) Applying the ruling in the present case, the defense available
for the accused in the original Information would still be applicable after
the amendment considering that the death of the Accused was brought
about by the same imprudent acts committed by the accused and is only a
logical consequence of the serious physical injuries sustained by Private
Complainant.
5. Further, under the doctrine of supervening event, the accused may be prosecuted
for another offense if a subsequent development changes the character of the first indictment
under which he may have already been charged or convicted.9 As earlier stated, the subsequent
development, i.e., supervening death of Private Complainant, which changes the character of the
first indictment is only a logical consequence of the serious physical injuries sustained by the
latter.
PRAYER
WHEREFORE, based on the foregoing, it is respectfully prayed that the Honorable

Court amend the original Information of Reckless Imprudence Resulting to Serious
Physical Injuries to “Reckless Imprudence Resulting to Homicide.”
Other reliefs just and equitable under the premises are likewise prayed for. Makati
City for Meycauayan, Bulacan, 7 May 2007.
ACOSTA, BAUTISTA, CRUZ & DIZON

LAW OFFICES
Private Prosecutor
2th Floor Asia Bank Building
123 Buenaventura Street, Legaspi Village
Makati City
8
Id. at 747-48.
9 I. Cruz, CONSTITUTIONAL LAW 363 (2000), citing Melo v. People, (85 PHIL 766).
10
5
By:
JOSE ANGELO PEREZ

IBP OR NO. 98765, Quezon City, 01—04-07
PTR NO. 765432, Makati City, 01-05-07
With my conformity:
LEIGH T. AUMENTADO
Asst. Provincial Prosecutor
Cavite
Copy furnish and

Notice of Hearing:
The BRANCH CLERK OF COURT

2nd Municipal Circuit Trial Court
Meycauayan, Bulacan
COUNSEL FOR THE ACCUSED
Greetings:
Please submit the foregoing Motion for the consideration and approval of the
Honorable Court on at .
JOSE ANGELO PEREZ
10
6
II. Omnibus Motion for a Bill of Particulars
A. BACKGROUND
Under the Rules of Civil Procedure, upon the filing of the complaint and the payment
of the requisite legal fees by the plaintiff, the clerk of court shall issue the corresponding
summons to the defendant directing him to file an answer to the complaint within the time
fixed in the Rules. It is coupled with a notice that unless the defendant so answers, the
plaintiff will take judgment by default and may be granted the relief applied for (Sec. 2,
Rule 14, Rules of Court).
There are, however, reasons that may preclude the plaintiff from filing an immediate
answer to the complaint. For instance, if there are allegations or claims in the complaint
that are not spelled out with sufficient clarity or particularity and the preparation of a
reasonably intelligent responsive pleading is not possible, the more viable option of the
defendant in this case is not to file an answer but to file a motion for bill of particulars.
It must however be made clear that a motion for bill of particulars is not directed only
to a complaint. It is a motion that applies to any pleading filed such as complaint, answer,
counter-claim, cross-claim, third, fourth, fifth-party complaint, complaint in intervention
and reply which in the perception of the movant contains matters which are not alleged
with sufficient definiteness or particularity.
Under the old rules, when the complaint have been made clear and particularized
by the filing of a bill of particulars, the defendant may still elect not to file his answer. He
may first explore the possibility of filing a motion to dismiss under Rule 16. But if there is
no ground for a motion to dismiss, he has to file his answer.
However, with the introduction of the 2019 Proposed amendments of the 1997 Rules of
Civil Procedure. Motions to Dismiss has been deleted and its provisions have been either deleted
or transferred under different rules.
Under the new rule, motion to dismiss shall no longer be allowed except only for the
non-waivable grounds under Section 1, Rule 9 which are: (a) lack of jurisdiction over the
subject matter (b) litis pendencia (c) res judicata and (d) prescription. Rule 8, Section 12
of the new rules now provides that those other grounds previously found in Rule 16 of the
old rule, shall now be raised by the defendant as an affirmative defenses in his or her
answer.
B. FORMALITIES
2019 Proposed Amendments to the 1997 Rules of Civil Procedure (A.M. No. 19-10- 20-SC)
Rule 12, Section 1. When applied for; purpose. — Before responding to a

pleading, a party may move for a definite statement or for a bill of particulars of
any matter which is not averted with sufficient definiteness or particularity to
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enable him or her properly to prepare his or her responsive pleading. If the
pleading is a reply, the motion must be filed within ten (10) calendar days from
service thereof. Such motion shall point out the defects complained of, the
paragraphs wherein they are contained, and the details desired.
C. COMPARATIVE MATRIX
1997 Rules of Civil Procedure as 2019 Proposed Amendments

amended A.M. No. 19-10-20-SC
When applied for; purpose. — Before When applied for; purpose. — Before
responding to a pleading, a party may responding to a pleading, a party may
move for a definite statement or for a bill move for a definite statement or for a bill
of particulars of any matter which is not of particulars of any matter, which is not
averted with sufficient definiteness or averted with sufficient definiteness or
particularity to enable him properly to particularity, to enable him or her
prepare his responsive pleading. If the properly to prepare his or her responsive
pleading is a reply, the motion must be pleading. If the pleading is a reply, the
filed within ten (10) days from service motion must be filed within ten (10)
thereof. Such motion shall point out the calendar days from service thereof.
defects complained of, the paragraphs Such motion shall point out the defects
wherein they are contained, and the complained of, the paragraphs wherein
details desired” they are contained, and the details
desired.
There are grammatical changes, were commas were added, and amendment to
address gender sensitivity. The period of 10 days was changed to 10 calendar days.
D. PURPOSE
In Civil cases, a motion for bill of particulars is filed in order to enable the movant to
properly prepare a responsive pleading. It is filed to clarify the allegations in the pleading
so an adverse party may be informed with certainty of the exact character of the cause of
action or a defense. Without the clarifications sought by the motion, the movant may be
deprived of the opportunity to submit an intelligent responsive pleading.
In criminal cases, the purposes of a motion for bill of particulars are (a) to enable the
movant to properly plead, and (b) to prepare for trial (Sec. 9, Rule 116, Rules of Court).
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E. CONTENTS AND FILING
E.1. When and Where to File
A motion for bill of particulars is to be filed before responding to a pleading to the

court where the case is pending or where the complaint is filed. The period to file the
motion refers to the period for filing the responsive pleading in Rule 11 of the Rules of
Court.
1. Thus, where the motion for bill of particulars is directed to a complaint, the motion should
be generally filed within thirty (30) calendar days after service of summons as provided
under Sec. 1 of Rule 11. If the motion is directed to a counterclaim or a cross- claim, then
the same must be filed within twenty (20) days from service of the counterclaim or cross-
claim which is the period provided for by Sec. 4 of Rule 11.
2. In case of a reply to which no responsive pleading is provided for by the Rules, the
motion for bill of particulars must be filed within ten (10) calendar days from the service
of said reply (Sec. 1, Rule 12, Rules of Court).
E.2. Contents/What to Allege in the Motion
All motions shall be in writing except those made in open court or in the course of a
hearing or trial and the same Rules applicable to pleadings shall apply to written motions
so far as concerns caption, designation, signature, and other matters of form. (Sec 2 &
Sec 11, Rule 15)
Aside from the requirements as to the form of the motion, the motion shall also point
out the following:
(a) defects complained of,

(b) the paragraphs wherein they are contained
(c) the details desired
E.3. Procedure
1. Upon receipt of the motion, the clerk of court must immediately bring the same to the
attention of the court (Sec.2, Rule 12, Rules of Court).
2. The motion having been brought to its attention, the court has three possible options,
namely, (a) to deny the motion outright, (b) to grant the motion outright, or (c) to hold
a hearing on the motion or to allow the parties the opportunity to be heard (Sec. 2, Rule
12, Rules of Court).
3. If the motion for bill of particulars is granted, in whole or in part, the court shall order
the pleader to submit a bill of particulars to the pleading to which the motion is directed.
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4. The compliance must be effected within ten (10) calendar days from notice of the order,
unless a different period is fixed by the court (Sec. 3, Rule 12, Rules of Court).
5. In complying with the order, the pleader may file the bill of particulars or a more definite
statement either in (a) a separate pleading or (b) in the form of an amended pleading.
In either case, a copy thereof is required to be served upon the adverse party (Sec. 3,
Rule 12, Rules of Court).
F. EFFECTS
1. The filing of a Motion for bill of particulars will interrupt the period to file a responsive pleading
as provided in the rules of court.
For instance, If the defendant has still eleven (11) days to file his responsive pleading
at the time the motion for bill of particulars was filed, then he has the same number of
days to file his or her responsive pleading from the notice of the denial of his motion.
However, If the defendant has less than five (5) days to file his pleading after service
of the bill of particulars or after notice of the denial of his motion, the period to file his
pleading shall nevertheless be not less than five (5) days in any event (Sec. 5, Rule
12, Rules of Court). Thus, from notice of the denial of his motion, the minimum period
he has to serve and file his responsive pleading is five (5) days even if only a day is
left for him to file his pleading at the time the motion for bill of particulars is filed.
2. If the defendant complied with the order of the court , the bill of particulars submitted
becomes part of the pleading for which it is intended (Sec. 6, Rule 12, Rules of Court).
3. If the order is not obeyed or if there is an insufficient compliance of the order, the court has
the following options: (a) to order the striking out of the pleading,(b)to order the striking out
of the portions of the pleading to which the order was directed, or (c) to make such other
order it may deem just (Sec. 4, Rule 14, Rules of Court).
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G. SAMPLE FORM:

Branch 1
Manila
LIZA SABONGERO
Petitioner,
Civil Case No. 14344

For: Sum of Money
-versus-
ANNE CUTIES
Defendant
x x
MOTION FOR BILL OF PARTICULARS
DEFENDANT, through the undersigned counsel, and unto this Honorable court,
respectfully avers :
1. That the plaintiff's complaint in paragraph 5 alleges:
“Defendant, Anne Cuties borrowed money from the plaintiff on January 10, 2018
and failed to give the full payment when it becomes due and that the check issued as
partial payment also bounced. x x x”
2. The said allegation is the allegation was insufficient and defective and fails specify
the amount of the obligation, the amount and the amount of the check therein mentioned,
its check number, date issued, and the drawee bank;
3. That a more definite statement on the matters as above-indicated is necessary in

order to enable the defendant to prepare its responsive pleading.
WHEREFORE, defendant respectfully prays that an order be issued by this Honorable

Court requiring the plaintiff to file a bill of particulars providing for definite particulars as to
the facts alleged in the complaint.
Metro, Manila, Philippines, March 8, 2020.
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ATTY. CARDO DALISAY
Counsel for Defendant
Probinsyano Associates Law Firm Unit
1, Building X, Mendiola, Manila
Roll No. 45678: 1/10/15
IBP No. 737133: 1/10/15-Manila
MCLE No.:II-00130; 9/2/18
(NOTICE OF HEARING)
(SERVICE OF MOTION)
(PROOF OF SERVICE)
COPY FURNISHED:
ATTY. ENRIQUE GIL PUYAT

Counsel of the Plaintiff
Unit 2, Building Y, Malate Manila
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III. Motion for Extension of Time to file Answer
A. BACKGROUND
The defendant's first response to the complaint is called the answer. It requires a
short and plain statement of the defendant's answers to each claim asserted by the
plaintiff. The defendant must admit or deny the plaintiff's claims, or state that he or she
does not have enough information to admit or deny. Usually, an answer denies most of
the plaintiff's allegations and claims complete defenses to allegations that are not denied.
If a defendant does raise counterclaims in her answer, the plaintiff must respond to
those counterclaims with a pleading called an "answer to a counterclaim." The form and
content of an "answer to a counterclaim" is similar to that of an answer. In the federal
courts, if the defendant does not plead a counterclaim, plaintiffs may only file a "reply to
an answer" with the court's permission.
The Answer is among the enumerated pleadings in Rule 6 of the Rules of Court.
The period for filing a responsive pleading is discussed in Rule 11. Pleadings are specific
documents filed by the parties in a lawsuit which states the position of the parties in
litigation. Pleadings can be regarded as the backbone of any judicial system. Further, the
aim of pleadings is to ensure that the issues in the dispute are properly detailed to
eliminate further delay.
The period granted by the motion for extension is 15 days. However, with the
proposed amendments to the 1997 Rules on Civil Procedure, the period granted is now
30 days. Such right may only be availed of once. The defendant must prove to the court
that the reason for such delay is for a meritorious reason and that it is not his or her
intention to delay the proceedings.
B. FORMALITIES
Sec. 11 (Rule 11) Extension of time to file an answer – “A defendant may,

for meritorious reasons, be granted an additional period of not more than (30)
calendar days to file an answer. A defendant is only allowed to file one (1)
motion for extension of time to file an answer.
A motion for extension to file any pleading, other than an answer, is prohibited
and considered a mere scrap of paper. The court, however, may allow any other
pleading to be filed after the time fixed by these Rules”.
Sec. 19, 1991 Rules on Summary Procedure
Prohibited Pleadings and Motions – The following pleadings, motions or

petitions shall not be allowed in the cases covered by this Rule:
a. Motion to Dismiss the Complaint;
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b. Motion for Bill of Particulars;
c. Motion for New Trial or Reconsideration;
d. Petition for Relief from Judgment;
e. Motion for Extension of Time to File Pleading;
f. Memoranda;
g. Petition for Certiorari, Mandamus, or Prohibition against any Interlocutory Order;
h. Motion to Declare Defendant in Default;
i. Dilatory Motions for Postponement;
j. Reply;
k. Third Party Complaints; and
l. Interventions.
1997 Rules of Civil Procedure 2019 Proposed Amendments

as amended A.M. No. 19-10-20-SC
Extension of Time to Plead. Upon Extension of Time to File an Answer.

motion and on such terms as may be just, A defendant may, for meritorious
the court may extend the time to plead reasons, be granted an additional
provided in these Rules. period of not more than (30) calendar
days to file an answer. A defendant is
only allowed to file one (1) motion for
The Court may also, upon like terms, extension of time to file an answer.
allow an answer or other pleading to be
filed after the time fixed by these rules. A motion for extension to file any
pleading, other than an answer, is
prohibited and considered a mere scrap
of paper. The court, however, may allow
any other pleading to be filed after the
time fixed by these Rules”.
The title of the section was amended from “time to plead” to “time to file an answer.”
Thus, this provision specifically only applies now to “extension of time to file an answer.”
The extension of time to file an answer now has a limit of 30 calendar days and said
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motions shall only be allowed once. There was no such limitation present under the old
rule.
The second paragraph reinforces the amendment limiting only to answers the
extension of time to file the same. The second paragraph categorically prohibits the filing
of the motion for extension of time to file a pleading other than the answer. Such motion
shall be considered a mere scrap of paper. In any case, even without such motion for
extension of time, the court in its discretion, may allow any other pleading to be filed after
the period prescribed for the filling thereof has lapsed.
Under the old rule, the Second paragraph of Section 11 states that the court may
allow an answer or other pleading to be filed after the time fixed by the rules. Hence, even
if the time to file an answer had lapsed but there was no motion to dismiss yet, the
Supreme Court may admit the answer belatedly filed (Crisologo-Jose v. Land Bank of the
Philippines, 2006).
The amended section 11 allows extension to file answer once, for a period not
exceeding 30 calendar days, then it implies that a motion for extension to file any pleading
other than the answer is prohibited, but the court may allow any other pleading filed after
the time fixed by the rules. It is now uncertain whether the ruling in Crisologo would still
apply or is the admission of belatedly filed Answer not allowed as the rules state that it is
any pleading other than the answer that may be allowed to be filed beyond the period
fixed by the rules.
In citing jurisprudence, the belatedly filed answer was admitted since there was no
motion to declare defendant in default yet, and the court cannot declare the defendant in
default motu proprio. It appears that even with the amended Section 3, Rule 9, there is
still need for motion to declare the defendant in default and the court cannot make such
declaration in default motu proprio. Given the foregoing and since there is no prohibition
under the rules on admitting an answer belatedly filed where no motion to dismiss has
yet been filed, it is submitted that the filing of an Answer belatedly may also be included
and covered by the amended Section 11, Rule 11.
D. CONTENTS
In a Motion for Extension of Time to File an Answer, it shall include but not limited
to the following:
a. A heading stating that the document is a Motion for Extension of Time to File an
Answer;
b. The full names of the Plaintiff and Defendant;
c. The Civil Case No. and the Title of the Case;
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d. Statement of the date when the copy of complaint and summons was received by the
defendant
e. Statement of fact that the defendants were given the period of 30 days to filing of the
Answer;
f. Statement of the meritorious reasons by which their motion should be granted;
g. Prayer; and
h. Acknowledgment.
E. EXECUTION AND FILING
1. The defendant must have received the copy of the complaint and the summons.
Rule 11, Section 1 - Answer to the complaint. The defendant shall file his or her answer to
the complaint within thirty (30) calendar days after service of summons, unless a different period
is fixed by the court
(There is a longer period within which to file an answer under the amended rule. It
was increased from 15 to 30 days. And the period is also qualified by calendar days.
There is also an amendment to address gender sensitivity).
2. In case the defendant fails to file his answer to the complaint, he may file a motion for
extension.
Rule 11, Section 11 - Extension of Time to File an Answer. A defendant may, for
meritorious reasons, be granted an additional period of not more than thirty (30) calendar
days to file an answer. A defendant is only allowed to file one (1) motion for extension of
time to file an answer
3. The defendant must allege that such ground is not for the delay of the proceedings.
4. The period for filing the extension should be from 30 days from which the answer should
have been filed.
F. EFFECTS OF EXECUTION
“The defendant may, for meritorious reasons, be granted an additional period of not more
than (30) calendar days to file an answer. A defendant is only allowed to file one (1) motion for
extension of time to file an answer”.
In this case, it is essential to note that the Honorable Court would only grant such
extension if the defendant is able to show that his reason is meritorious. An instance
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would be when the defendant is still gathering evidence and testimony of the witnesses.
This right may only be availed of once.
A motion for extension of time is not a litigated motion where notice to the adverse
party is necessary to afford the latter an opportunity to resist the application, but an ex
parte motion made to the court in behalf of one or the other of the parties to the action in
the absence and usually without the knowledge of the other party or parties. It has been
said that “ex parte motions are frequently permissible in procedural matters, and also in
situations and under circumstances of emergency; and an exception to a rule requiring
notice is sometimes made where notice or the resulting delay might tend to defeat the
objective of the motion” (Sarmiento v. Zaratan, 514 SCRA 246, 260-261).
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G. SAMPLE FORM

NATIONAL CAPITAL REGION
Quezon City Branch
1
xxxx
Jessica Reyes
-versus- CIVIL CASE No. 4536

For: Rescission of Contract with
Damages
xxxx
Justine Vergara.
x x
MOTION FOR EXTENSION OF TIME TO FILE ANSWER
DEFENDANT, by undersigned counsel, unto this Honorable Court, respectfully

states:
1. On March 6, 2020, defendant received the summons and copy of the Complaint,
thus he has until April 5, 2020 within which to file his answer;
2. As they are still in the process of gathering evidence including documents and
testimonies of witnesses to be incorporated in their Answer, they request that they
be given additional 30 days or until May 5, 2020 to submit the answer.
3. This is not intended to delay the proceedings in the above-entitled case but is solely
necessitated by the reason aforestated.
PRAYER
WHEREFORE, its is respectfully prayed of the Honorable Court that the

defendant be granted an extension of thirty days from April 5, 2020 or until
May 5, 2020 to file said responsive pleading.
Defendant also prays for such other relief as the Honorable Court may deem
just and equitable in the premises.
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Atty. Tennessee Villareal

Yap & Associates Law Firm
BGC Corporate Center
30th Street corner 11th Avenue
Bonifacio Global City
Roll No. 53765: 1/10/15
IBP No. 737133: 1/10/15-Manila
MCLE No.:II-00130; 9/2/18
(NOTICE OF HEARING)
(SERVICE OF MOTION)
(PROOF OF SERVICE)
COPY FURNISHED:
Atty. Yanna Mengullo

Counsel of the Plaintiff
Unit 2, Building Y, Malate Manila
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IV. Reply
A. BACKGROUND
Section 10, Rule 6 of the 1997 Rules of Civil Procedure defines a reply as “a pleading, the
office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged
by way of defense in the answer.” It is the plaintiff’s responsive pleading to the answer of the
defendant to the complaint.
A reply, unlike the answer, is not a compulsory pleading. The plaintiff may or may
not file a reply. The failure to file a reply will not result in the implied admission of the
material allegations in the answer. Rather, all new matters alleged in the answer are
deemed controverted or denied, unless the answer is based on a written document,
copied in or attached to the corresponding pleading, in which case such failure will amount
to an admission of the genuineness and due execution of the actionable document (Sec.
8, Rule 8, Ibid.).
However, on October 15, 2019, the Supreme Court approved the 2019 Proposed
Amendments to the 1997 Rules of Civil Procedure. Section 2, Rule 6 of the Proposed Amendments
now provides that “[a]n answer may be responded to by a reply only if the defending party
attaches an actionable document to the answer.” Moreover, Section 10 of the same Rule provides
that “[a]ll new matters alleged in the answer are deemed controverted.” Failure to file a reply
when the answer is based on an actionable document will still amount to an admission of its
genuineness and due execution.
In addition, the Proposed Amendments further provides that “[i]n the event of an
actionable document attached to the reply, the defendant may file a rejoinder if the same
is based solely on an actionable document.”
B. FORMALITIES
Rule 6, 2019 Proposed Amendments to the 1997 Rules of Civil Procedure (A.M. No. 19-10-20-SC)
Section 10. Reply. – All new matters alleged in the answer are deemed
controverted. If the plaintiff wishes to interpose any claims arising out of the new
matters so alleged, such claims shall be set forth in an amended or supplemental
complaint. However, the plaintiff may file a reply only if the defending party
attaches an actionable document to his or her answer.
A reply is a pleading, the office or function of which is to deny, or allege facts in

denial or avoidance of new matters alleged in, or relating to, said actionable
document.
In the event of an actionable document attached to the reply, the defendant may
file a rejoinder if the same is based solely on an actionable document.
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1997 Rules of Civil Procedure as 2019 Proposed Amendments

amended A.M. No. 19-10-20-SC
An answer may be responded to by a An answer may be responded to by a
reply (Rule 6, Sec. 2, par. 3). reply only if the defending party attaches
an actionable document to the answer
(Rule 6, Sec. 2, par. 3).
A reply is a pleading, the office or function All new matters alleged in the answer are
of which is to deny, or allege facts in deemed controverted. If the plaintiff
denial or avoidance of new matters wishes to interpose any claims arising out
alleged by way of defense in the answer of the new matters so alleged, such claims
and thereby join or make issue as to such shall be set forth in an amended or
new matters. If a party does not file such supplemental complaint. However, the
reply, all the new matters alleged in the plaintiff may file a reply only if the
answer are deemed controverted. defending party attaches an actionable
document to his or her answer.
If the plaintiff wishes to interpose any
claims arising out of the new matters so A reply is a pleading, the office or function
alleged, such claims shall be set forth in of which is to deny, or allege facts in
an amended or supplemental complaint denial or avoidance of new matters
(Rule 6, Sec. 10). alleged in, or relating to, said actionable
document.
In the event of an actionable document

attached to the reply, the defendant may
file a rejoinder if the same is based solely
on an actionable document (Rule 6, Sec.
10).
A reply may be filed within ten (10) days A reply, if allowed under Section 10, Rule
from service of the pleading responded to 6 hereof, may be filed within fifteen (15)
(Rule 11, Sec. 6). calendar days from service of the pleading
responded to (Rule 11, Sec. 6).
D. PURPOSE
To deny, or allege facts in denial or avoidance of new matters alleged in, or relating to, and
actionable document attached to the answer of the defending party (Sec. 6, Rule 11, A.M. No.
19-10-20-SC [2019 Proposed Amendments to the 1997 Rules of Civil Procedure]).
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E. CONTENTS AND FILING
E.1 When to File
An answer may be responded to by a reply only if the defending party attaches an

actionable document to the answer (par. 3, Sec. 2, Rule 6, Proposed Amendments).
A reply, if allowed under Section 10, Rule 6 hereof, may be filed within fifteen (15)
calendar days from service of the pleading responded to (Sec. 6, Rule 11, Proposed Amendments).
E.2 Contents and Effects of Filing
When an action or defense is founded upon a written instrument, copied in or

attached to the corresponding pleading as provided in the preceding section, the
genuineness and due execution of the instrument shall be deemed admitted unless the
adverse party, under oath specifically denies them, and sets forth what he or she claims
to be the facts; but the requirement of an oath does not apply when the adverse party
does not appear to be a party to the instrument or when compliance with an order for an
inspection of the original instrument is refused (Sec. 8, Rule 8, Proposed Amendments).
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F. SAMPLE FORM

Branch 14
Manila
ANDREA RODRIGUEZ
Plaintiff,
Civil Case No. 14876

For: Collection of a Sum
of Money and Damages
-versus-
MARK EVANGELISTA
Defendant.
x x
REPLY WITH MOTION TO SET PRE-TRIAL
PLAINTIFF, herein represented by her Attorney-in-fact, Rachel Cruz, thru the

undersigned Counsel, unto this Honorable Court, most respectfully submits this Reply to
new matters alleged in the Defendant’s Answer with Counterclaim, thus avers that:
1. The allegation in Paragraph 8 of the Answer with Compulsory Counterclaim if specifically

denied, the truth being that alleged in the Complaint;
2. Paragraphs 9, 10, 11 and 12 are specifically denied for lack of knowledge sufficient to form
a belief as to the truth or falsity thereof;
3. The allegation in Paragraph 13 is admitted insofar as the Plaintiff’s refusal to acknowledge

the receipt issued by the Plaintiff’s wife, the truth being that the Plaintiff did not authorize
any other person, including his wife, to receive payment from the Defendant;
4. Paragraphs 14, 15, and 16 are specifically denied, the truth being that the present action
is well-founded in fact and in law, filed in good faith to protect and vindicate the rights of
the Plaintiff violated by the Defendant; therefore, there is no basis whatsoever for the
Defendant to recover any damages, attorney’s fees nor expenses of litigation from the
Plaintiff;
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5. The issues are joined. The case if ripe for pre-trial.
WHEREFORE, premises considered, it most respectfully prayed of this Honorable

Court that the counterclaim of the Defendant be dismissed and that the case be set for
pre-trial.
ATTY. RACHEL CRUZ

ABC Associates Law Firm
Unit 1, Building X, Mendiola, Manila
Roll No. 45678: 1/10/15
IBP No. 737133: 1/10/15-Manila
MCLE No.:II-00130; 9/2/18
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REFERENCES
Civil Procedure (A Restatement For The Bar) Rules 1 – 71 (2009). Riano, Willard
B. Rex Printing Company, Inc.
2019 Proposed Amendments to the 1997 Rules of Civil Procedure (A.M. No. 19-
10-20- SC).
1997 Rules of Civil Procedure
Riano, 2011, Civil Procedure, The Bar Lecture Series Vol. I
Agpalo, 2006, Legal Forms: Practical Exercises in Pleading & Conveyancing
2019 Proposed Amendments to the 1997 Rules of Civil Procedure A.M. No. 19-10-20-
SC: http://sc.judiciary.gov.ph/9284/
Arellano University
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School of Law

for the subject:
Submitted By:
GROUP 9
Alamodin, Rhea
Petition for Issuance of Writ of Kalikasan
Petition for Issuance of Writ of Amparo
Petition for Issuance of Habeas Data
Ex-Parte Motion to Present Evidence Before the Branch Clerk of Court
Trivino, Reycy
Motion for Intervention
Answer in Intervention
Motion for Summary Judgment
Motion for Relief from the Judgment with Prayer for Injunction
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TABLE OF CONTENTS
I. Petition for Issuance of Writ of Kalikasan 4

a. Legal Basis
b. Contents of the Petition for Issuance of the Writ of Kalikasan
e. Sample Form
II. Petition for Issuance of Writ of Amparo

11
a. Legal Basis
b. Contents of the Petition for Issuance of the Writ of Amparo
e. Sample Form
III. Petition for Issuance of Writ of Habeas Data

17
a. Legal Basis
b. Contents of the Petition for Issuance of the Writ of Habeas Data
e. Sample Form
IV. Ex-Parte Motion to Present Evidence

22 Before the Branch Clerk of Court
a. Legal Basis
b. Parts of the Motion
c. Where to file the Motion
d. Sample Form
V. Motion for Intervention

25
a. Legal Basis
b. Who may intervene
c. Purpose
d. Sample Form
VI. Answer in Intervention

30
a. Legal Basis
b. Sample Form
VII. Motion for Summary Judgment

34
a. Legal Basis
b. Sample Form
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7
VIII. Motion for Relief from the Judgment with Prayer for Injunction
38
a. Legal Basis
b. Grounds
c. Sample Form
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I. Petition for Issuance of Writ of Kalikasan
A. Legal Basis - Rules of Procedure For Environmental Cases

(A.M. No. 09-6-8-SC)
The writ is a remedy available to a natural or juridical person, entity

authorized by law, people’s organization, non-governmental
organization, or any public interest group accredited by or registered
with any government agency, on behalf of persons whose
constitutional right to a balanced and healthful ecology is violated, or
threatened with violation by an unlawful act or omission of a public
official or employee, or private individual or entity, involving
environmental damage of such magnitude as to prejudice the life,
health or property of inhabitants in two or more cities or provinces
(Section 1, Rule 7)
B. Contents of the Petition
a) The personal circumstances of the petitioner;

b) The name and personal circumstances of the respondent or if the
name and personal circumstances are unknown and uncertain,
the respondent may be described by an assumed appellation;
c) The environmental law, rule or regulation violated or threatened
to be violated, the act or omission complained of, and the
environmental damage of such magnitude as to prejudice the life,
health or property of inhabitants in two or more cities or
provinces;
d) All relevant and material evidence consisting of the affidavits of
witnesses, documentary evidence, scientific or other expert
studies, and if possible, object evidence;
e) The certification of petitioner under oath that: (1) petitioner has
not commenced any action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial agency, and no such
other action or claim is pending therein; (2) if there is such other
pending action or claim, a complete statement of its present
status; (3) if petitioner should learn that the same or similar action
or claim has been filed or is pending, petitioner shall report to the
court that fact within five days therefrom; and
f) The reliefs prayed for which may include a prayer for the issuance
of a Temporary Environmental Protection Order (TEPO).
C. Who May File
Any real party in interest, including the government and juridical

entities authorized by law, may file a civil action involving the
enforcement or violation of any environmental law.
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A Citizen suit may be filed by any Filipino citizen in representation of
others, including minors or generations yet unborn, to enforce rights
or obligations under environmental laws.
D. Where to file
The petition shall be filed with the Supreme Court or with any of the
stations of the Court of Appeals.
E. Sample Form

SUPREME COURT
MANILA
MARIA BONDOC, WILLIE DE OCAMPO,

LUCILA SAYAO and MARIO ROXAS,
collectively referred to as the CONCERNED
CITIZENS OF OBANDO
Petitioners,
-versus- G.R. NO. 198890
Hon. Secretary of the Department of

Environment and Natural Resources, The
Regional Director of Environmental
Management Bureau- Region III,
Governor of the Province of Bulacan, The
Mayor of Municipality of Obando, Bulacan
and Ecoshield Development Corporation,
Respondents.
x- - - - - - - - - - - - - - - - - - - - x
PETITION FOR THE WRIT OF KALIKASAN
Petitioners, by counsel and invoking their God-given and constitutional right to a

balanced and healthful ecology, respectfully state:
The importance of the Manila Bay as a sea resource, playground, and as a

historical landmark cannot be over-emphasized. It is not yet too late in the day to
restore the Manila Bay to its former splendor and bring back the plants and sea life
that once thrived in its blue waters. But the tasks ahead, daunting as they may be,
could only be accomplished if those mandated, with the help and cooperation of all
civic-minded individuals, would put their minds to these tasks and take responsibility.
This means that the State, through petitioners, has to take the lead in the
preservation and protection of the Manila Bay.1
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I.
NATURE OF AND URGENCY OF THE PETITION
1. This is a petition for the issuance of the writ of kalikasan with prayer for the
issuance of a Temporary Environmental Protection Order (TEPO) under the
Rules of Procedure for Environmental Cases, urgently seeking to enjoin the
establishment of so-called sanitary landfill along the coastline of Manila Bay in
Brgy. Salambao, Obando, Bulacan.
2. The constitutional right of petitioners and that of present and future generations
to a balanced and healthful ecology is threatened, and us actually being
violated, by the unlawful acts and omissions of respondents done in reckless
haste, without regard to due process or concern for the environment, and in
utter disrespect to the order of this High Court. The proposed landfill, as will
be more extensively discussed, will destroy a thriving ecosystem, cause
persistent water, air and soil pollution to its immediate environs, aggravate the
condition of Manila Bay, destroy the livelihoods of coastal residents and worsen
the current flood problem of Obando, Bulacan and its adjacent towns.
3. In view of the foregoing, petitioner seek recourse to this extraordinary remedy

to stop this looming environmental catastrophe of such magnitude, it will not
just affect Obando, Bulacan, but all the surrounding provinces, cities and
municipalities that comprise Manila Bay. The proposed project, stripped of its
bells and whistles, involves the large-scale dumping of unprocessed garbage
into the coastal waters of Obando along Manila Bay, in blatant violation of the
continuing mandamus issued by this Court.
II.
PARTIES
4. Petitioners MARIA BONDOC, WILLIE DE OCAMPO, LUCILA SAYAO and

MARIO ROXAS are all Filipinos, of legal age, and residents of Obando,
Bulacan. They are collectively referred to as the Concerned Citizens of
Obando, an informal aggrupation of residents of Obando, Bulacan suing in
representation of others, including minors and generations yet unborn, to
uphold and protect the constitutional right to a balanced and healthful ecology.
They may be served with court processes at the office address of the
undersigned counsel.
5. Public respondent in his official capacity as Secretary of the Department of

Environment and Natural Resources (DENR), Filipino, of legal age and with
office address at the DENR Compound, Visayas Ave., Quezon City, where he
may be served with summons and other court processes is being sued in his
capacity Secretary of the DENR, the primary agency responsible for the
enforcement and strict compliance with the Solid Waste Management Act
(Republic Act No. 9003) and Philippine EIS System (Presidential Decree
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1586). The implementation of the latter is through the Environmental
Management Bureau (EMB), an attached bureau of the DENR.
6. The Office of the Solicitor-General is furnished a copy of this petition as the

representative of the national government in proceedings before this
Honorable Court.
7. Public respondent Wilhemino M. Sy, is of legal age, Filipino and with Office
Address at the Governor’s Residence, Provincial Capitol, Malolos City,
Bulacan where he may served with summons and other court processes. He
is being sued in his official capacity as Governor of the Province of Bulacan for
signing and approving Kapasiyahan Blg. 179, contrary to law.
8. Public respondent Orencio Gabriel, is of legal age, Filipino and with office
address at Office of the Mayor, Obando Bulacan, where he may served with
summons and other court processes. He is being sued in his official capacity
as the Mayor of Municipality of Obando, Bulacan and is being impleaded for
approving resolution No. 07-021 and Municipal ordinance No. 07-08, contrary
to law. He is also the duly authorized signatory of the Municipality of Obando
to the Agreement for the establishment of the disputed landfill.
9. Private respondent Ecoshield Development Corporation (EDC) is a corporation

duly organized and existing under the Philippine laws with office address at
Dominga Bldg, Chino Roces, Makati City, where it may be served summons,
notices, orders and other processes. It is the proponent of the disputed landfill
project.
III.
MATERIAL ALLEGATIONS
10. Project is inconsistent with overall land use plan of the Municipality of Obando.
The project site is classified as agricultural lands, with existing fishponds, and
clearly inconsistent with the land use plan of the municipality per certification
of the Municipal Planning and Development Office of Obando.
A copy of the Certification is attached herewith and made an integral part

hereof as Annex “A”.
11. The proposed landfill will be detrimental to environmentally sensitive resources

such as aquifer, groundwater reservoir or watershed area. The siting
requirement is clearly not complied with. Not only is the proposed facility within
50 meters away from any body of water, it will practically be built on water.
12. The proposed landfill will violate a number of environmental laws including this
Court’s continuing mandamus in MMDA, et al. vs. Concerned Residents of
Manila Bay.
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13. The reclassification of the proposed site by public respondent LGUs from
Bulacan is void for failure to comply with land reclassification laws and the lack
of public consultation. In support of this, almost all of the attendees in the so-
called public consultation/hearing conducted were not from Brgy. Salambao
where the landfill is planned to be built. Such failure to hear the side of the
ones who will be directly affected by the project amounts to no public hearing
at all.
A Copy of the attendance sheet is attached herewith and made an integral part
hereof as Annex “B”.
IV.
ALLEGATIONS IN SUPPORT OF THE APPLICATION FOR ISSUANCE OF
TEMPORARY ENVIRONMENTAL PROTECTION ORDER (TEPO)
14. Petitioners replead and incorporate, by way of reference, all the averments in
the foregoing insofar as they are pertinent, relevant and material hereto. And
in support of the instant application for the issuance of a temporary
environmental protection order (TEPO).
15. Petitioners further allege that there is extreme urgency to enjoin the
respondents from proceeding with the construction of the landfill as this will
result in grave and irreparable damage to both the environment, particularly
Manila Bay, and the residents of Brgy. Salambao. Again, private respondent
EDC has already moved to the project site heavy equipment and implements
necessary for the project’s full execution
V.
PRAYER
WHEREFORE, premises considered, petitioners respectfully pray that this

Honorable Supreme Court:
1. Issue a Temporary Environmental Protection Order (TEPO) ordering

respondents to refrain from taking any action pursuant to the project;
2. Direct respondents to permanently cease and desist from
constructing/operating a sanitary landfill in Brgy. Salambao, Bulacan;
3. Declare null and void all ordinances and resolutions pertaining to the
reclassification of agricultural lands subject of this case into
industrial/commercial lands;
4. Direct respondents to restore the damaged area of proposed sanitary
landfill, and protect the same from further degragation; and
5. Direct the DENR through the EMB to make periodic reports on the
execution of the final judgment.
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Petitioners pray for such other reliefs which relate to the right of the people
to a balanced and healthful ecology or to the protection, preservation, rehabilitation
or restoration of the environment.
Respectfully submitted.
March 8, 2020, City of Manila
By:
ATTY. ALEXIS G. RIRI

Counsel for Petitioners
33C The Residence, Manila City
Explanation
Due to distance and logistical constraints, service of this petition was done by
registered mail.
Copy furnished:
Hon. Secretary of DENR
DENR Compound, Visayas Avenue
Quezon City
Office of the Solicitor-General

134 Amorsolo St., Legazpi Village
Makati City
Office of EMB Region III

4th Floor Melvi Building
San Fernando, Pampanga
(Verification with Certification of Non-Forum Shopping)
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II. Petition for Issuance of Writ of Amparo
A. Legal Basis – The Rule on the Writ of Amparo (A.M. No. 07-09-12-
SC)
The petition for a writ of Amparo is a remedy available to any person
whose right to life, liberty and security is violated or threatened with
violation by an unlawful act or omission of a public official or employee,
or of a private individual or entity. The writ shall cover extralegal killings
and enforced disappearances or threats thereof (Section 1 of the Rule)
Amparo: “Protection”

a) The personal circumstances of the petitioner;
b) The name and personal circumstances of the respondent
responsible for the threat, act or omission, or if the name
unknown and uncertain, the respondent may be described by an
assumed appellation;
c) The right to life, liberty and security of the aggrieved party
violated or threatened with violation by an unlawful act or
omission of the respondent, and how such threat or violation is
committed with the attendant circumstances detailed in
supporting affidavits;
d) The investigation conducted, if any, specifying the names,
personal circumstances, and addresses of the investigating
authority or individuals, as well as the manner and conduct of the
investigation, together with any report;
e) The actions and recourses taken by the petitioner to determine
the fate or whereabouts of the aggrieved party and the identity of
the person responsible for the threat, act or omission; and
f) The reliefs prayed for.
The petition may include a general prayer for other just and
equitable reliefs.
C. Who May File

The petition may be filed by the aggrieved party or by any qualified
person or entity in the following order:
a) Any member of the immediate family, namely: the spouse,
children and parents of the aggrieved party;
b) Any ascendant, descendant or collateral relative of the aggrieved
party within the fourth civil degree of consanguinity or affinity, in
default of those mentioned in the preceding paragraph; or
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c) Any concerned citizen, organization, association or institution, if
there is no known member of the immediate family or relative of
the aggrieved party.
The filing of a petition by the aggrieved party suspends the right

of all other authorized parties to file similar petitions. Likewise,
the filing of the petition by an authorized party on behalf of the
aggrieved party suspends the right of all others, observing the
order established herein.
D. Where to File
The petition may be filed on any day and at any time with the Regional
Trial Court (RTC) of the place where the threat, act or omission was
committed or any of its elements occurred, or with the Sandiganbayan
(SB), the Court of Appeals (CA), the Supreme Court (SC), or any
justice of such courts. The writ shall be enforceable anywhere in the
Philippines.
When issued by RTC or any judge thereof, the writ shall be returnable
before such court or judge. When issued by the SB, or the CA or any
of their justices, it may be returnable before such court or any justice
thereof, or to any RTC of the place where the threat, act or omission
was committed or any of its elements occurred. When issued by the
SC or any of its justices, it may be returnable before such Court or any
justice thereof, or before the SB or the CA or any of their justices, or
to any RTC of the place where the threat, act or omission was
committed or any of its elements occurred.
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E. Sample Form

SUPREME COURT
Manila
MARI ROXAS,
Petitioner,
-versus- G.R. NO. 18-2029

For: Writ of Amparo
GILBERT TEODORO,
GEN. VICTOR IBRADO, MAJOR GEN.
RALPH VILLANUEVA
Respondents.
x- - - - - - - - - - - - - - - - - - - - x
PETITION FOR WRIT OF AMPARO
Petitioner, through counsel, and unto this Most Honorable Court, respectfully avers:
I.
NATURE OF THE PETITION
1. This is a petition for the writ of Amparo filed under A.M. No. 07-09-12-SC, also
known as the Rule on the Writ of Amparo to require the respondents to produce
the person of Danielle de Dios, as well as to disclose and explain their
participation in the enforced disappearance and/or extrajudicial killing of
Danielle de Dios.
2. This petition also seeks the issuance of a witness protection order, inspection
order, production order, and temporary protection order directed against the
respondents.
II.
PARTIES
3. Petitioner is a Filipino, of legal age, and residing at 123 New Manila, Quezon
City. She is the aunt of the aggrieved party and she may be served with notices
from this Honorable Court through his undersigned counsel.
4. Public respondent Gilberto Teodoro Jr., is the Secretary of the Department of

National Defense, responsible for guarding against external and internal
threats to peace and security in the country. It exercises executive supervision
over the Armed Forces of the Philippines (AFP), the Office of Civil Defense and
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Government Arsenal. He may be served with orders and processes at Camp
General Emilio Aguinaldo, Quezon City.
5. Public respondent Victor Ibrado is being impleaded in his capacity as a public

officer or employee, in charge of the information or database of AFP Central
Intelligence and Security Group, which office is engaged in the gathering,
collecting and storing of data. He may be served summons and other
processes of this Honorable Court at the Intelligence and Security Department,
AFP Headquarters, Quezon City.
6. Public respondent Ralph Villanueva is the chief of staff of the Armed Forces of
the Philippines, the military defense organization of the Republic of the
Philippines. He may be served with orders and processes at Camp General
Emilio Aguinaldo, Quezon City.
III.
7. The aggrieved party, Danielle de Dios, is a private individual, residing at 123

New Manila, Quezon City and an executive officer at Human Rights
Organization.
8. She regularly travels from her place of residence to her place of work by driving
her own car.
9. Her family last saw her during the morning of September 8, 2008 and by co-
workers at the evening of the same date.
10. At 8:30 pm of the same evening, the security guard on tour of duty in her office
building witnessed her being forcibly taken by the three large-built men with
holstered guns inside the van and speedily left. One of the men was wearing
a fatigue pair of pants. This was duly logged by the security guard on the
logbook of the building.
11. Since then, no communication has been made to her family, friends and co-
workers.
12. Since her disappearance, her relatives tried to locate the aggrieved party
through inquiries at her usual places of destination. Failing to find her, petitioner
sought the help of local authorities but they were not able to produce the person
of the aggrieved party.
13. Petitioner now comes to this Honorable Court to seek relief for the aggrieved
party whose exact whereabouts remain unknown.
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14. Considering the fact that the aggrieved party is a private individual and that she
has failed to communicate with any of her family, friends and co-workers until
this time, aggrieved party’s remaining in the custody would have to be against
her will and in violation of her rights of liberty and security.
IV.
RELIEFS
WHEREFORE, petitioner prays that this Honorable Court:

A. Immediately after the receipt of this petition
1. Issue the Writ of Amparo;
2. Declare all documents signed by the victim since the time of
disappearance unless proof is adduced that there has been
compliance with her constitutional rights;
3. Issue a temporary protection order in favor of the petitioner, his
family and his witnesses by directing an agency or institution
to ensure protection;
4. Issue a witness protection order in favor of the witnesses who
helped in the investigation regarding the aggrieved party’s
forced disappearance.
B. Upon notice and hearing

1. Issue a production order to person who may be in possession
or custody of other evidence in this case;
2. Issue inspection order of properties which may contain
additional information or evidence regarding the enforced
disappearance and/or extrajudicial killing of the aggrieved
party;
3. Order respondent to immediately and without delay release the
victim to the case and custody of the petitioner.
Other reliefs as just and equitable under the premises are likewise prayed
for.
September 10, 2008, City of Manila

Explanation
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registered mail (see attached affidavit of service).
(Affidavit of Service)
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III. Petition for Issuance of Writ of Habeas Data
A. Legal Basis – The Rule on the Writ of Habeas Data

(A.M. No. 08-1-16-SC)
A remedy available to any person whose right to privacy in life, liberty

or security is violated or threatened by an unlawful act or omission of
a public official or employed, or of a private individual or entity engaged
in the gathering, collecting or storing of data or information regarding
the person, family, home and correspondence of the aggrieved party
(Section 1 of the Rule).
Habeas data: “access to information”
a) The personal circumstances of the petitioner and the

respondent;
b) The manner the right to privacy is violated or threatened and how
it affects the right to life, liberty or security of the aggrieved party;
c) The actions and recourses taken by the petitioner to secure the
data or information;
d) The location of the files, registers or databases, the government
office, and the person in charge, in possession or in control of the
data or information, if known;
e) The reliefs prayed for, which may include the updating,
rectification, suppression or destruction of the database or
information or files kept by the respondent;
In case of threats, the relief may include a prayer for an order
enjoining the act complained of; and
f) Such other relevant reliefs as are just and equitable.
C. Who May File
Any aggrieved party may file a petition. However, in cases of

extralegal killings and enforced disappearance, the petition may be
filed by:
a) Any member of the immediate family of the aggrieved party,
namely: The spouse, children and parents; or
b) Any ascendant, descendant or collateral relative of the aggrieved
party within the fourth civil degree of consanguinity or affinity, in
default of those mentioned in the preceding paragraph.
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D. Where to File
The petition may be filed with the Regional Trial Court where the
petitioner or respondent resides, or that which has jurisdiction over the
place where the data or information is gathered, collected or stored, at
the option of the petitioner.
The petition may also be filed with the Supreme Court or the Court of
Appeals or the Sandiganbayan when the action concerns public data
files of government offices.
E. Sample Form

SUPREME COURT
Manila
VICO SOTTO,
Petitioner,
-versus- G.R. NO. 20-7929

For: Writ of Habeas Data
GEN. ELEAZAR,
Philippine National Police
Respondent.
x- - - - - - - - - - - - - - - - - - - - x
PETITION FOR WRIT OF HABEAS DATA
Petitioner, by counsel, respectfully states that:
I.
NATURE OF THE PETITION
1. This is a petition for the writ of habeas data filed under A.M. No. 08-1-16-SC,
also known as the Rule on the Writ of Habeas Data to require the respondent
to produce and, if necessary update and rectify, or in alternative, suppress or
destroy information within its control and/or contained in its database, which
relates to petitioner, his family, his home and his correspondence.
2. Petitioner respectfully submits that the respondent obtained the information

through an unlawful act, has unjustifiably failed to disclose the information to
petitioner, and/or has unjustifiably refused to update, rectify, suppress or
destroy the information.
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3. This act or omission of respondent to comply with petitioner’s demand is a
violation of, or poses a threat of violation to, petitioner’s right to privacy in life,
liberty and security.
4. In view of the foregoing, petitioner brings this petition before this Honorable
Court praying that the respondent be required to cause the immediate
production of the information requested so that the same may be revealed to
petitioner for proper updating, rectification, or, in the alternative, for its
suppression or destruction, whatever may be necessary to protect petitioner’s
privacy.
II.
PARTIES
5. Petitioner is a Filipino, of legal age, and residing at Sitio 7, Pasig City. He may
be served with notices from this Honorable Court through his undersigned
counsel.
6. Public respondent is being impleaded in his capacity as a public officer or

employee, in charge of the information or database of PNP Central Intelligence
and Security Group, which office is engaged in the gathering, collecting and
storing of data. He may be served summons and other processes of this
Honorable Court at the Intelligence and Security Department, PNP
Headquarters, Quezon City.
III.
7. Petitioner is a citizen of the Republic of the Philippines whose right to privacy

is protected by the Bill of Rights found in Article III of the 1987 Philippine
Constitution, which provides:
“Section 3. (1) The privacy of communication and correspondence shall be

inviolable except upon lawful order of the court, or when public safety or order
requires otherwise as prescribed by law. Any evidence obtained in violation of
this or the preceding section shall be inadmissible for any purpose in any
proceeding.”
8. As a result of respondent’s failure or unjustifiable refusal to allow access to its

database, petitioner’s right to privacy is being violated.
9. The use and possible dissemination of the information held by respondent is

an unlawful intrusion into petitioner’s privacy, which intrusion threatens to
ultimately violate petitioner’s right to life, liberty and security.
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10. The information which remains hidden from the petitioner is in the database or
respondent located in the Office of the Intelligence and Security Group, PNP
Headquarters, Quezon City.
IV.
RELIEFS
WHEREFORE, petitioner prays that this Honorable Court give due course to
this petition and issue the writ of habeas data and rule, as follows:
1. Upon the filing of the petition, ENJOIN respondent from disseminating
the information;
2. Upon notice and hearing, ORDER respondent to:
a. Produce the information in its possession regarding
petitioner’s person, his family, home and correspondence;
b. Correct, suppress or destroy the information in its database,
whatever may be applicable as determined by this Honorable
Court; and
c. Rectify the damage caused to petitioner’s reputation by
making a public apology to petitioner, which shall be
circulated in the manner and to such persons as the
petitioner may deem appropriate.
Other reliefs as just and equitable under the premises are likewise prayed
for.
March 8, 2020, City of Manila

Counsel of Petitioner
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IV. Ex-Parte Motion to Present Evidence Before the Branch Clerk of Court
A. Legal Basis – Administrative Circular No. 37-93
In Default cases – When a defendant is declared in default (for failure

to file answers), or considered as in default (For failure to appear at
the pre-trial), The Court may now authorize the Clerk of Court to
receive evidence ex-parte.
An ex-parte motion is one which does not require that the parties be
heard and which the court may act upon without prejudicing the rights
of the other party. This kind of motion is not covered by the hearing
requirement of the Rules.
Section 9, Rule 30
Judge to receive evidence; delegation to clerk of court. – The judge of

the court where the case is pending shall personally receive the
evidence to be adduced by the parties. However, in default or ex-parte
hearings, and in any case where the parties agree in writing, the court
may delegate the reception of evidence to its clerk of court who is a
member of the bar. The clerk of court shall have no power to rule on
objections to any question or to the admission of exhibits, which
objections shall be resolved by the court upon submission of his report
and the transcripts within ten (10) days from termination of the hearing.
B. Parts of the Motion
a) Heading
b) Case Title
c) Title of the Motion – Motion ex-parte
d) Body
e) The reliefs prayed for
f) Information of Counsel
g) Explanation
h) Request for Hearing
i) Affidavit of Service
C. Where to File
It should be filed with the court where the case is pending.
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D. Sample Form

BRANCH 55
QUEZON, CITY
MERRIAM RAMOS,
Plaintiff,
-versus- CIVIL CASE NO. 20-7929

For: Sum of Money with Damages
MICHAEL JUAN,
Defendant.
x- - - - - - - - - - - - - - - - - - - - x
EX-PARTE MOTION TO PRESENT EVIDENCE

BEFORE THE BRANCH CLERK OF COURT
PLAINTIFF, through undersigned counsel, respectfully states that:
1. The records of the case will show that the defendant failed to file his answer
and no subsequent pleadings was filed;
2. That being the last pleading, the case should already be set for pre-trial pursuant
to Section 1 of Rule 18 of the Rules of Civil Procedure;
3. For failure of the defendant to appear at the pre-trial, the Court may now
authorize the Clerk of Court to receive evidence;
4. The Court may act upon without prejudicing the rights of the other party;
5. Despite service of summons and notices, defendant is considered in default for

failure to file answer or for failure to appear at the pre-trial.
6. The instant Motion is being filed in good faith as dictated by the exigencies of
the situation and not to delay the proceedings in the case.
WHEREFORE, in light of all the foregoing considerations and in the interest
of justice, it is respectfully prayed that plaintiff be granted presentation of evidence
ex-parte before a Clerk of Court.
Other reliefs and remedies as may be deemed just and equitable under the
premises are likewise prayed for.
Quezon City, April 15, 2019

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ATTY. ALEXIS RIRI
Explanation
(Notice of Hearing)
(Proof of Service)
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V. Motion for Intervention
A. Legal Basis
B. Who may intervene
Section 1. Who may intervene. – A person who has a legal interest in

the matter in litigation, or in the success of either of the parties, or an
interest against both, or is so situated as to be adversely affected by
a distribution or other disposition of property in the custody of the court
or of an officer thereof may, with leave of court, be allowed to intervene
in the action. The court shall consider whether or not the intervention
will unduly delay or prejudice the adjudication of the rights of the
original parties, and whether or not the intervenor’s rights may be fully
protected in a separate proceeding.
In Alfelor v. Halasan the Court held that:
Under this Rule, intervention shall be allowed when a person has (1)
a legal interest in the matter in litigation; (2) or in the success of any of
the parties; (3) or an interest against the parties; (4) or when he is so
situated as to be adversely affected by a distribution or disposition of
property in the custody of the court or an officer thereof.
C. Purpose
Jurisprudence describes intervention as “a remedy by which a third

party, not originally impleaded in the proceedings, becomes a litigant
therein to enable him, her or it to protect or preserve a right or interest
which may be affected by such proceedings.” “The right to intervene
is not an absolute right; it may only be permitted by the court when the
movant establishes facts which satisfy the requirements of the law
authorizing it.”
It can be readily seen that intervention is not a matter of right, but is

left to the trial court's sound discretion. The trial court must not only
determine if the requisite legal interest is present, but also take into
consideration the delay and the consequent prejudice to the original
parties that the intervention will cause. Both requirements must
concur, as the first requirement on legal interest is not more important
than the second requirement that no delay and prejudice should result.
To help ensure that delay does not result from the granting of a motion
to intervene, the Rules also explicitly say that intervention may be
allowed only before rendition of judgment by the trial court.
D. Sample Form
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Regional Trial Court of Makati
Branch 143
Iqbal Samio
Mar Samio
Miriam Samio
Plaintiff,
---versus---- Civil Case No. 123456

Petition for Partition
Lorna Samio Et. Al.

Defendant
x---------------------------------------x
MOTION FOR INTERVENTION
COMES NOW the Intervenor, by the undersigned counsel, and unto

this Honorable Court, most respectfully requests for leave to intervene
in the above-captioned case, for the following reasons:
That the Intervenor is a purchaser of some of the subdivided portions

of Lot No. 57 Ayala Street, Brgy. Dasmarinas, Makati City (TCT No. T-
9132) the subject matter of the above-captioned case;
That the Intervenor has a legal interest in the matter in litigation, or in

the success of the complainant, or is so situated as to be adversely
affected by a distribution or other disposition of the parcel of land,
subject matter of the above-captioned case;
That this intervention will not, in the least, unduly delay or prejudice
the adjudication of the rights of the original parties in the case;
That the Intervenor's rights can be fully protected in this proceeding
rather than by filing a separate proceeding.
PRAYER
WHEREFORE, it is most respectfully prayed that the said Renato Ortiz

be allowed to intervene in this action by filing a Complaint in
Intervention, a copy of which is attached to this motion.
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Makati City, Philippines, February 14, 2015.
Such other reliefs that are just and equitable are also prayed for.
AMERIE PRUE ABAD

Counsel
IBP No. 123456
PTR No. 123456
Abad Law Offices
Antipolo City
AVEREN LEIGH ABAD

Counsel
IBP No. 789456
PTR No. 789456
Abad Law Offices
Antipolo City
NOTICE OF HEARING
The Clerk of Court

RTC Branch 143
Makati City
Kindly submit the foregoing Motion for Intervention for the

consideration of the Court immediately upon receipt hereof.
AVEREN LEIGH
ABAD
ARISTOTLE PLATO
Greek Law Offices
Salcedo Village
Makati City
KARL MARX
Marxist Law Offices
Forbes Park
Makati City
Please take notice that the foregoing Motion for Intervention is

submitted for the consideration of the Court immediately upon receipt
hereof.
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AVEREN LEIGH
ABAD
EXPLANATION
Copies of this Motion for Intervention were filed and served by

registered mail to this Honorable Court and the private respondents,
respectively, due to lack of personnel and material time to effect
personal service.
AVEREN LEIGH
ABAD
Copies Furnished:
ARISTOTLE PLATO
Greek Law Offices
Salcedo Village
Makati City
KARL MARX
Marxist Law Offices
Forbes Park
Makati City
15
1
VI. Answer in Intervention
A. Legal Basis
To file is to unite with the defendant in resisting the claims of the

plaintiff.
Complaint – in – intervention. The defenses of a party are alleged in

the answer to the pleading asserting a claim against him. An answer
may be responded to by a reply
An answer is a pleading in which a defending party sets forth his

defenses.
Defenses may either be negative or affirmative.
a. A negative defense is the specific denial of the material fact or

facts alleged
B. Sample Form

FIRST JUDICIAL REGION
Branch 1, Baguio City
FAH MAKILING, JULIUS TOLEDO

BRY TENG, JYM VELAS,
HARRY SUE, JEFF FAHE
Plaintiffs,
Civil Case No.: 1234-PWT
- versus –
FOR INJUNCTION with
Application of Preliminary
Injunction and prayer for the
immediate ex-parte issuance
of a TEMPORARY
RETRAINING ORDER
(TRO)
ALBERT MARTIN
Defendant.
x---------------------------------x
MONIQUE LOI, et al,
Intervenors,
15
2
x---------------------------------x
FERERO ROCHERO TSOCOLATE, et. Al,
Intervenors.
x---------------------------------x
ANSWER-IN-INTERVENTION
WITH AFFIRMATIVE DEFENSES
With utmost deference to this Honorable Court, the defendant most

respectfully states that:
1. With the exception of the last two (2) paragraphs of item no. 1 of the
complaint-in-intervention of MONIQUE LOI. et. al, defendant will admit the
allegations as to the personal circumstances of the intervenors and that they
are both holders at the HOWNEY LADIES gastropub and Inn at 234 Jewel
Street, Baguio City, Philippines.
2. In the complaint-in-intervention of FERERO ROCHERO TSOCOLATE et. Al,

she likewise admits the allegations in item no. 1 of the complaint-in-
intervention as to the personal circumstances of the intervenors. She likewise
admits that the intervenor, BAD GUYS MARKETING COOP. is a supplier for
HOWNEY LADIES gastropub and Inn and that all the intervenors were issued
business permits, she will deny the other allegations in item no. 1 of the
complaint-in-intervention.
3. With the exception of the second paragraph of item no. 4, she will admit the
allegations in item nos. 2 and 3 of the complaint.
4. She will deny the allegations in item no. 4 of the complaint for want of
knowledge sufficient to form belief as to the truth or falsity of the same.
5. She will deny the allegations in item no. 5 of the complaint, the appropriation
ordinance referred to in item no. 5 of the complaint reflects the amount
appropriated for the operation of HOWNEY LADIES gastropub and Inn in the
amount of P1,234,234,535,646.32. It is actually the amount that the city
expects to spend for operation of the HOWNEY LADIES gastropub and Inn
for the year 2020 contrary to what is being implied in the complaint that it is
the income from the HOWNEY LADIES that is included in the Performance
Budget of the City for the year 2020.
6. Save for the terms as defined under the National Building Code, she will deny
the allegations in item no. 6 of the complaint, the physical composition of the
facility complies with fire safety standards and consists of emergency exits
and fire exits.
PRAYER
WHEREFORE, it is respectfully prayed of the Honorable Court, after due

notice and hearing:
a. To lift the temporary restraining order (TRO);
b. To deny issuance of the writ of preliminary injunction and dismiss the
complaint.
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3
The defendant further prays for such further relief, just and equitable in the
premises.
Baguio City, Philippines, April 16, 2020
ATTY. DAME MOORE

City Prosecutor of Baguio
Baguio City Tel No.: (074) 442-3122
PTR No. 684622341233, 04-30-18
IBP O.R. No. 3412099, 4-16-18
Roll No. 86355, 04-29-18
Copy Furnished:
ATTY. JUAN MIGUEL V. ALBERTO VI

Counsel for the Plaintiffs and Intervenors
Baguio City Tel No.: (074) 442-3322
PTR No. 684623, 04-30-18
IBP O.R. No. 3412099, 4-16-18
Roll No. 86355, 04-29-18
EXPLANATION
(Pursuant to Sec. 11, Rule 13 of the 1997 Rules of Procedure)
The foregoing answer-in-intervention was copy furnished to the intervenors

counsel by Registered Mail due to a sudden gastroenteritis outbreak within the
available personnel to effect personal service and filing.
ATTY. DAME MOORE
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VII. Motion for Summary Judgment
A. Legal Basis - Rule 35 of the Rules of Court

Summary Judgment
1. Proper if no genuine issue as to any material fact (except as to
damages recoverable) and if moving party is entitled to a judgment
as a matter of law
2. Based not only on pleadings but also on affidavits, deposition, and
admissions of the parties showing that, except as to the amount of
damages, there is no genuine issue.
3. Motion shall be served at least 10 days before the time specified
for the hearing.
4. May be asked for by a party seeking to recover upon a claim,
counterclaim, cross-claim or to obtain a declaratory relief.
5. Although Rule does not specifically provide, also unavailable in
actions for annulment of and declaration of nullity of marriage, and
for legal separation since Sec. 1 refers to actions “to recover upon
a claim”, or to recover a debt or a liquidated demand for money, or
“to obtain declaratory relief.”
6. Judgment on the pleadings and summary judgment distinguished:
Judgment on the Pleadings Summary judgment

Proper when there is no genuine Proper even if there is an issue as
issue between the parties to the damages recoverable
Based exclusively on the Based not only on pleadings but
pleadings without introduction of also on affidavits, depositions and
evidence admissions of the parties
Proper only in actions to recover a
Available in any action, except the debt, or for a liquidated sum of
3 exceptions money, or for declaratory relief
Motions for summary judgment may be filed by the claimant or by the

defending party. The defending party may file such motion, pursuant
to Rule 35, Section 2“at any time”, as distinguished from Section 1
where the claimant may file the motion at any time after the answer is
filed.
B. Sample Form

METROPOLITAN TRIAL COURT
BRANCH 80
MUNTINLUPA CITY
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5
ERMELINDA V. DULLAVIN,
Plaintiff,
-versus- Civil Case No. 7090

FOR: ENFORCEMENT OF
BARANGAY SETTLEMENT
FLORENCIO HIDALGO,
Defendant.
x- - - - - - - - - - - - - - - - - - - x
MOTION FOR SUMMARY JUDGMENT
PLAINTIFF Ermelinda v. Dullavin, by undersigned counsels and to this

Honorable Court, respectfully states the following:
1. Plaintiff repleads and incorporates herein all the material averments raised in her
verified complaint
2. That both Defendant Hidalgo and his counsel failed to appear at the preliminary
conference scheduled on April 28, 2017. In Tubiano vs Razo1, it was held that
the MTC and RTC were correct in declaring the decision submitted for decision
based solely on the complaint, upon failure of the respondent to appear at the
preliminary conference.
3. The record reveals that both the defendant and his counsel offered no
explanation with respect to their non-appearance. As enunciated in Five Star
Marketing Co. Inc. vs Booc2, the Court excuses the non-appearance only in
cases where there is a justifiable cause offered for the failure to attend. Absent
any clear justification for the party and counsels non-appearance, the defiance
of the lawful order of the court as well as the well-entrenched rule laid down by
the rules of procedure on the effect of non-appearance, cannot be allowed.
4. In short, rules of procedure are essential to the proper, efficient and orderly
dispensation of justice. Such rules are to be applied in a manner that will help
secure and not defeat justice. And as a rightful consequence of respondent’s
non-appearance, he is deemed to have waived his right to present his own
evidence.
WHEREFORE, plaintiff respectfully prays that this Honorable Court GRANT

the instant motion in favor of Plaintiff Ermelinda V. Dullavin and that a Writ of
Execution be issued in favour of Plaintiff Emelinda V. Dullavin, directing Defendant
Florencio Hidalgo to immediately vacate 285 Montillano Street, Alabang. Muntinlupa
City.
City of Paranaque, November 13, 2017
SAN BEDA COLLEGE ALABANG – LEGAL AID CENTER

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6
Room 12E8, St. Benedict Building
San Beda College Alabang
Don Manolo Boulevard, Alabang Hills Village
Muntinlupa City
Tel. No. (02) 236 7222
sbcalegalaid@gmail.com
By:
ATTY. MARITONI RENEE RESURRECCION

Supervising Lawyer
IBP Lifetime No. 04870
PTR No. 2306788C/01-18-16/Quezon City
MCLE Compliance No. V-0020952/05-03-16
Aileen Joy B. Padilla

Intern
Jasmin D. Miroy
Intern
Joseph James Jimenez

Intern
Leandro Manabat
Intern
Randolph Jon Guerzon

Intern
COPY FURNISHED:
(INSERT DETAILS OF PAO, SEE FORMAT BELOW)
LAW OFFICE OF HOMER A. MABALE
Counsel for Respondent
Unit 9, 2/F Fair Land Properties Inc.,
Nunez Extension, Zamboanga City
15
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VIII. Motion for Relief from the Judgment with Prayer for Injunction
A. Legal Basis
Rule 38 - Relief From Judgments, Orders, or Other Proceedings
Petition for relief from judgment filed within 60 days after learning of
judgment and not more than 6 months after such judgment.
Must be supported by affidavit showing the Fraud, Accident, Mistake,

or Excusable negligence (FAME) and the facts constituting the
petitioner’s good or substantial cause of action or defense
Party who has filed a timely motion for new trial cannot file a petition
for relief after the former is denied. The two remedies are exclusive of
one another.
B. Grounds
1. Judgment or final order entered against a party by FAME; or

2. Judgment or final order is rendered and party has been
prevented by FAME from taking an appeal
For fraud to be extrinsic, the losing party must never have had a
chance to controvert the adverse party’s evidence.
Uniform procedure for relief from judgments of MTC and RTC

1. After petition is filed, court shall order adverse parties to answer
within 15 days from receipt. After answer is filed or expiration of
period therefor, court shall hear the petition.
2. If granted, judgment set aside and court shall proceed as if timely
motion for new trial has been granted; if granted against denial of
appeal, court shall give due course to appeal.
Judgement with injunction
Judgments NOT stayed by appeal (immediately executory, unless

court provides otherwise)
1. Actions for injunction
2. Receivership
3. Accounting
4. Support
5. Judgments declared immediately executory
A final and executory judgment may be executed on motion within 5

years from entry. May be revived and enforced by action after lapse
of 5 years but before 10 years from entry. Revived judgment may be
enforced by motion within 5 years from entry and thereafter by action
15
8
before barred by statute of limitations – file motion within 10 years from
the finality of the revived judgment.
C. Sample Form

METROPOLITAN TRIAL COURT
BRANCH 80
MUNTINLUPA CITY
ERMELINDA V. DULLAVIN,
Plaintiff,
-versus- Civil Case No. 8090

FOR: Sum of Money with Damages
FLORENCIO HIDALGO,
Defendant.
x- - - - - - - - - - - - - - - - - - - x
PETITION FOR RELIEF FROM JUDGMENT
COMES NOW, the defendant, through undersigned counsel and unto this
Honorable Court, most avers:
1. That the judgment of this court in the above-entitled case was served on him on
April 8, 2019;
2. That the said judgment was obtained by the plaintiff through FRAUD, since the
true facts of the case was that on February 8, 2015, plaintiff went to the house
of the defendant and informed him that he will no longer continue with the
prosecution of the case, and just ignore the complaint he received, and not
attend any hearing of the said case;
3. That through the representation of the plaintiff, defendant did not file any answer
anymore, and just ignored the notices he received, only to be surprised that he
was declared in default upon receipt of the Order of the court, and subsequently
received a Judgment by Default;
4. That the affidavits are attached hereto as Annexes “A”, “B”, etc., to substantiate
the aforementioned FRAUD.
WHEREFORE, defendants prays that the judgment in this case be set aside
and instant petition be granted based on the above reasons.
15
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Other reliefs and remedies as may be deemed just and equitable under the
Muntinlupa City, April 13, 2019
ATTY. ALEXIS RIRI

Explanation
(Notice of Hearing)
(Proof of Service)
16
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Arellano University School
of Law
for the subject:
Submitted By:
GROUP 10
Domatog, Mary Grace P.
Motion for Execution Motion
to Stay Execution
Notice of Change of Address of Counsel
Moreno, Ronald Allan Jr. U
Motion for Execution Pending Appeal Motion
to Expunge
Supplemental Complaint
16
1
TABLE OF CONTENTS
I. Motion for Execution 3

a. Legal Basis and Purpose
b. Contents
c. Parties
d. Grounds
e. When to execute / when and where to file
f. Effects of Granting a motion for Execution
g. Sample Form
II. Motion to Stay Execution 12

a. Legal Basis
b. Grounds/Requisites
c. Contents
d. Parties
e. When and where to file
f. Effects of granting the motion to stay execution
g. Sample Form
III. Motion for Execution Pending Appeal 17

a. Legal Basis
b. Contents / Parts
c. Purpose
d. Contents of Motion
e. Parties Who May File
f. Where to File
g. Effect of Granting a motion
h. Sample Form
IV. Motion to Expunge 24

a. Brief Background
b. Legal Basis
c. Purpose
d. Contents of Motion to expunge
e. Parties Who May File
f. Effects of Granting a motion
g. Sample Form
V. Supplemental Complaint 33
a. Legal Basis
b. Purpose
c. Contents of Supplemental Complaint
d. Parties Who May File
e. Sample Form
VI. Notice of Change of Address of Counsel 46

a. Legal Basis
b. Purpose
c. Grounds
d. Contents / Parts
e. When and where to file
f. Effects of executing the notice of change of address of counsel
g. Sample Form
I. MOTION FOR EXECUTION
a. Legal Basis and Purpose
The motion for execution is included in the discussion about motions

and executions, satisfaction and effects of judgment under the 1997 Rules
of Civil Procedure.
Section 1, Rule 15 of the 1997 Rules of Civil Procedure (RCP)

defined motion as an application for relief other than by a pleading.
RCP, Rule 39, Section 1 (1&2) provides for execution as follows:
―Execution shall issue as a matter of right, or motion, upon a judgement

or order that disposes of the action or proceeding upon the expiration of the period
to appeal therefrom if no appeal has been duly perfected.
The appellate court may, on motion on the same case, when the interest
of justice so requires, direct the court of origin to issue the writ of execution.‖
b. Contents
A motion shall state the relief sought to be obtained and the ground
upon which it is based, and if required by these Rules or necessary to prove
facts alleged therein, shall be accompanied by supporting affidavits and
other papers.1
The rules applicable to pleadings shall apply to written motions so far

as concerns caption, designation, signature, and other matters of form.2
The writ of execution shall:
1. Issue in the name of the Republic of the Philippines from the court which
granted the motion;
1
Section 3, Rule 15, 1997 Rules of Civil Procedure
2
2. State the name of the court, the case number and title, the dispositive part of
the subject judgment or order; and
3. Require the sheriff or other proper officer to whom it is directed to enforce the
writ according to its terms, in the manner hereinafter provided:
a. If the execution be against the property of the judgement obligor, to satisfy the
judgment, with interest, out of the real or personal property of such judgment
obligor;
b. If it be against real or personal property in the hands of personal

representatives, heirs, devisees, legatees, tenants, or trustees of the judgment
obligor, to satisfy the judgment, with interest, out of such property;
c. If it be for the sale of real or personal property to sell such property describing
it, and apply the proceeds in conformity with the judgment, the materials parts of
which shall be recited in the writ of execution;
d. If it be for the delivery of the possession of real or personal property, to deliver

the possession of the same, describing it, to the party entitled thereto, and to
satisfy any costs, damages, rents or profits covered by the judgment out of the
personal property of the person against whom it was rendered, and if sufficient
personal property cannot be found, then out of the real property; and
e. In all cases, the writ of execution shall specifically state the amount of the
interest, costs, damages, rents or profits due as of the date of the issuance of the
writ, aside from the principal obligation under the judgement. For this purpose,
the motion for execution shall specify the amounts of the foregoing reliefs sought
by the movant.3
c. Parties
Only natural or juridical person, or entities authorized by law may

be parties in a civil action
The term ―plaintiffǁ may refer to the claiming party, the counter-
claimant, the cross-claimant, or the third (fourth, etc) –party plaintiff.
3
Section 8, Rule 39, Supra
The term ―defendantǁ may refer to the original defending party, the
defendant in a counter-claim, the cross-defendant, or the third (fourth,etc.)
– party defendant.4
Hence, in motion for execution, the interested party may file for a
motion for execution of the judgment.
d. Grounds
The following are the grounds/ requisites for the filing of the motion
for writ of execution:
1. That a judgement has been rendered by the Court;

2. That the decision is/has become final and executory ; and
3. That the motion for execution must be filed within five years from the
date of entry of the judgment.
e. When To Execute / When And Where To File
Where to file:
The filing of pleadings, appearances, motions, notices,

orders, judgment and all other papers shall be made by presenting
the original copies thereof, plainly indicated as such, personally to
the clerk of court or by sending them by registered mail. In the first
case, the clerk of court shall endorse on the pleading the date an
hour of filing. In the second case, the date of the mailing of motions,
pleadings, or any other papers or payments or deposits, as shown
by the post office stamp on the envelope or registry receipt, shall be
considered as the date of their filing, payment or deposit in court.
The envelope shall be attached to the record of the case. 5
Every judgement, resolution, order, pleading subsequent to the

complaint, written motion, notice, appearance, demand, offer of
judgment or similar papers shall be filed with the court, and served
upon the parties affected.6
When to execute / file:
4
5
6
Section 4, Supra
A final and executory judgment or order may be executed on
motion within (5) years from the date of its entry. After lapse of such
time, and before it is barred by the statute of limitations, a judgment
may be enforced by action. The revived judgment may also be
enforced by motion within (5) years from the date of its entry and
thereafter by action before it is barred by statute of limitations.7
f. Effects Of Granting Motion For Execution
In case the death of a party, execution may issue or be

enforced in the following manner:
a. In case of the death of the judgment obligee, upon the application

of his executor or administrator, or successor in interest;
b. In case of the death of the judgement obligor, against his executor
or administrator or successor in interest, if the judgment be for the
recovery of real or personal property, or the enforcement of a lien
thereon;
c. In case of the death of the judgment obligor, after execution is
actually levied upon any of his property, the same may be sold for
the satisfaction of the judgment obligation, and the officer making
the sale shall account to the corresponding execution or
administrator for any surplus in his hands. 8
In case of execution of judgments for money, the following

may be enforced: (a) Immediate payment on demand; (b)
Satisfaction by levy and (c) Garnishment of debts and credits. 9
In case of judgments for specific act, the following may be

effected: (a) Conveyance, delivery of deeds, or other specific acts,
vesting title; (b) Sale of real or personal property; (c) Delivery or
resolution of real property; (d) Removal of improvements on
property subject of execution;(e) Delivery of personal property. 10
When a judgment requires the performance of any act other

than those mentioned in the two preceding sections, a certified
7
Section 6, Rule 39, 1997 Rules of Civil
Procedure 8 Section 7, Rule 39, 1997 Rules of
Civil Procedures 9 Section 9, Supra
10
Section 10, Supra
copy of the judgment shall be attached to the writ of execution and
shall be served by the officer upon the party against whom the same
is rendered or upon any other person required thereby, or by law, to
obey the same, and such party or person may be punished for
contempt if he disobeys such judgment.11
The levy on execution shall create a lien in favor of the

judgment obligee over the right title and interest of the judgment
obligor in such property at the time of the levy, subject to liens and
encumbrances then existing.12
Except as otherwise provided law exempts the following

property, and no other, exempted from execution:
a) The judgment obligor’s family home as provided by law, or the
homestead in which he resides, and land necessarily used in connection
therewith;
b) Ordinary tools and implements personally used by him in his trade,
employment, or livelihood;
c) Three horses, or three cows, or three carabaos, or other beasts of
burden, such as the judgment obligor may select necessarily used by
him in his ordinary occupation;
d) His necessary clothing and articles for ordinary personal use, excluding
jewelry;
e) Household furniture and utensils necessary for housekeeping, and used
for that purpose by the judgment obligor and his family, such as the
judgement obligor may select, of a value not exceeding one hundred
thousand pesos;
f) Provisions for individual or family use sufficient for four months;
g) The professional libraries and equipment of judges, lawyers,
physicians, pharmacists, dentists, engineers, surveyors, clergymen,
teachers, and other professionals, not exceeding three hundred
thousand pesos in value;
h) One fishing boat and accessories not exceeding the total value of one
hundred thousand pesos owned by a fisherman and by
the lawful use of which he earns his livelihood;
i) So much of the salaries, wages, or earnings of the judgment obligor for
his personal services within the four months preceding the levy as are
necessary for the support of his family;
j) Lettered gravestones;
11
Section 11, Supra
12
k) Monies, benefits, privileges, or annuities accruing or in any manner
growing out of any life insurance;
l) The right to receive legal support, or money or property obtained as
such support, or any pension or gratuity from the Government;
m) Properties specially exempted by law;
However, no article or species of property mentioned in this

section shall be exempt from execution issued upon a judgment
recovered for its price or upon a judgment of foreclosure of a mortgage
thereon.13
Return of writ of execution
The writ of execution shall be returnable to the court issuing

immediately after the judgment has been satisfied in part or in full. If
the judgment cannot be satisfied in full within thirty (30) days after his
receipt of the writ, the officer shall report to the court and state the
reason therefor. Such writ shall continue in effect during the period
within which the judgment may be enforced by motion. The officer shall
make a report to the court every thirty (30) days on the proceedings
taken thereon until the judgment is satisfied in full, or its effectivity
expires. The returns of periodic reports shall set forth the whole of the
proceedings taken, and shall be filed with the court and copies thereof
promptly furnished the parties.14
Effect of judgments or final orders
The effect of a judgement or final order rendered by a court of the

Philippines, having jurisdiction to pronounce the judgment or final
order, may be as follows:
a) In case of a judgement or final order against a specific thing or in respect

to the probate of a will or the administration of the estate of a deceased
person, or in respect to the personal, political, or legal condition or
status of a particular person or his relationship to another, the
judgement or final order is conclusive upon the title to the thing, the
will or administration or the condition, status or relationship of the
person , however, the probate of a will or granting of letters of
administration shall only be prima facie evidence of the death of the
testator or intestate;
13
14
b) In other cases, the judgement or final order is , with respect to the
matter directly adjudged or as to any other matter that could have been
missed in relation thereto , conclusive between the parties and their
successors in interest by title subsequent to the commencement of the
action or special proceeding, litigating for the same thing and under the
same title and in the same capacity; and
c) In any other litigation between the same parties or their successors in
interest, that only is deemed to have been adjudged in a former
judgment or final order which appears upon its face to have been so
adjudged, or which was actually and necessarily included therein or
necessary thereto.15
Effect of foreign judgments or final orders
The effect of a judgment or final order of a tribunal of a foreign country,

having jurisdiction to render the judgment or final order is as
follows:
a. In case of a judgement or final order upon a specific thing, the judgment
or final order, is conclusive upon the title to the thing, and
b. In case of a judgment or final order against a person, the judgment or
final order is presumptive evidence of a right as between the parties
and their successors in interest by a subsequent title.
In either case, the judgement or final order may be repelled by

evidence of a want of jurisdiction, want of notice to the party,
collusion, fraud, or clear mistake of law or fact.
15
Section 47, Supra
9
g. Sample Form

First Judicial Region Regional
Trial Court Branch 6, Baguio
City
Juana D. Cruz
Plaintiff,
Civil Case No.: 898
vs. For: Collection of Sum of Money
with Damages
Juan D. Cruz
Defendant
x- x
MOTION FOR EXECUTION
Plaintiff, by counsel and unto this Honorable Court, respectfully

states:
1. That the judgment in the above captioned case was rendered by this
Honorable Court in favor of the plaintiff , Juana D. Cruz on August
1,2015..
The judgement of this Honorable Court made the following awards in

favor of the plaintiff;
Moral damages – P100, 000.00;

Exemplary damages – P100,000;
Attorneys fees – P200,000.00
Litigation Expenses – P100,000
Cost of suit
A certified true copy of the said judgement is attached as Annex ―Aǁ

hereof, with submarkings.
2. That said judgment was duly received by the defendant on August

2,2015 as shown in the registry return card;
10
3. That up to the present, the defendant had not filed any motion for
reconsideration or had appealed from said decision, hence the
decision has become final and executory.
PRAYER
Wherefore, premises considered, it is respectfully prayed that a

writ of execution be issued to implement the judgment dated August 1,
2015 of this Honorable Court (Annex A).
Further, the plaintiff respectfully prays for such and other reliefs
as may be deemed just and equitable in the premises.
Baguio City, Philippines. August 1, 2019.
Atty. Juanito D. Dela Cruz

Counsel for
the Plaintiff
XYZ Associates Law Firm
18th Flr, ABC Building, Y St. cor Z st.
Session Rd, Baguio, City
Roll No. 9999:9/09/1999
IBP No. 89999:9/09/1999-Manila
MCLE No. II-00190: 9/9/2019
(NOTICE OF HEARING)
(PROOF OF SERVICE)
11
II. MOTION TO STAY EXECUTION
a. Legal Basis
The motion to stay execution is based on 1997 Rules of Civil

Procedure.
Section 1, Rule 15 of the 1997 Rules of Civil Procedure (RCP)

defined motion as an application for relief other than by a
pleading.
Section 3 and 4 of Rule 39 of the 1997 Rules of Civil

Procedure provides for the stay of discretionary execution and
judgments not stayed by appeal. Moreover, Section 19, Rule 70
presents the manner on how to stay immediate execution of
judgment in relation to Forcible Entry and Unlawful Detainer.
b. Grounds/Requisites:
The grounds or requisites for motion to stay execution are as

follows:
1. Filing of a supersedeas bond 16
2. The bond must be approved by the Municipal Trial Court;17
3. The bond must be executed in favor of the plaintiff to pay the
rents,18 damages, and costs accruing down to the time of the
judgment appealed from;19
4. Unless during the pendency of the appeal, he deposits with the
appellate court the amount of rent due from time to time under
the contact, if any, as determined by the judgement of the
Municipal Trial Court.20
5. In the absence of contract, deposit with the Regional Trial Court the
reasonable value of the use and occupation of the premises for the
preceding month or period at the rate determined by the judgment
of the lower court on or before the tenth day of each succeeding
month or period.21
16
Section 3, Rule 39 and Section 19, Rule 70, Supra
17
Section19, Rule 70, Supra
18
Supra
19
Supra
20
Supra
21
Supra
12
6. The supersedeas bond shall be transmitted by the Municipal Trial
Court , with the papers, to the clerk of the Regional Trial Court to
which the action is appealed.22
c. Contents
A motion shall state the relief sought to be obtained and the

ground upon which it is based, and if required by these Rules or
necessary to prove facts alleged therein, shall be accompanied
by supporting affidavits and other papers.23
The rules applicable to pleadings shall apply to written

motions so far as concerns caption, designation, signature, and
other matters of form.24
d. Parties
Section 1, Rule 3 of the 1997 Rules of Civil Procedure

provides that only natural or juridical person, or entities
authorized by law may be parties in a civil action.
The term ―plaintiffǁ may refer to the claiming party, the

counter-claimant, the cross-claimant, or the third (fourth, etc) –
party plaintiff.
The term ―defendantǁ may refer to the original defending

party, the defendant in a counter-claim, the cross-defendant, or
the third (fourth,etc.) – party defendant.
Based on the foregoing, the interested party may file a motion

to stay execution.
e. When And Where To File
Stay of discretionary execution
Discretionary execution under the preceding section may be

stayed upon approval by the proper court of a sufficient
supersedeas bond filed by the party against whom it is directed,
conditioned upon the performance of the judgment or order
22
Supra
23
24
13
allowed to be executed in case it shall be finally sustained in
whole or in part.25
Judgments not stayed by appeal
Judgments in actions for injunction, receivership, accounting

and support, and such other judgments as are now or may
hereafter be declared to be immediately executory, shall be
enforceable after their rendition and shall not, be stayed by an
appeal taken therefrom, unless otherwise ordered by the trial
court. On appeal therefore, the appellate court in its discretion
may make an order suspending, modifying, storing or granting
the injunction, receivership, accounting, or award of support.
The stay of execution shall be upon such terms as to bond or

otherwise as may be considered proper for the security or
protection of the rights of the adverse party. 26
How to stay immediate execution of judgement
If judgment is rendered against the defendant, execution shall

issue immediately upon motion unless an appeal has been
perfected and the defendant to stay execution If judgment is
rendered against the defendant, execution shall issue
immediately upon motion unless an appeal has been perfected
and the defendant to stay execution files a sufficient supersedeas
bond, approved by the Municipal Trial Court and executed in favor
of the plaintiff. 27
f. Effects Of Granting The Motion To Stay Execution
The rules provide that the on appeal therefore, the appellate

court in its discretion may make an order suspending, modifying,
storing or granting the injunction, receivership, accounting, or
award of support.28
It is also provided that all amounts so paid to the appellate

court shall be deposited with the said court or authorized
government depositary bank, and shall be held there until the
25
26
Section 4, Supra
27
28
14
final disposition of the appeal, unless the court, by agreement of
the interested parties, or in the absence of reasonable grounds of
opposition to a motion to withdraw, or for justifiable reasons shall
decree otherwise. Should the defendant fail to make the payments
above prescribed from time to time during the pendency of the
appeal, the appellate court, upon motion of the plaintiff and upon
proof of such failure shall order the execution for the judgment
shall not be a bar to the appeal taking its course until the final
disposition thereof on the merits. 29
After the case is decided by the Regional Trial Court, any

money paid to the court by the defendant for purposes of the stay
execution shall be disposed of in accordance with the provisions
of the judgement of the Regional Trial Court in any case wherein
it appears that the defendant has been deprived of the lawsuit
possession of land or building pending the appeal by virtue of the
execution of the judgment of the Municipal Trial Court damages
for such deprivation of possession and restoration of possession
and the Regional Trial Court disposing of the appeal.30
29
30
15
h. Sample Form
Municipal Trial Court Branch
6,
Baguio City
Juana D. Cruz
Plaintiff,
Civil Case No.: 8888
vs. For: Unlawful Detainer
Juan D. Cruz
Defendant
x x
MOTION TO STAY EXECUTION
Defendant, Juan D. Cruz, by counsel and unto this Honorable Court, respectfully states:
I. That the judgment in the above captioned case was rendered by this Honorable Court in
favor of the plaintiff , Juana D. Cruz on August 1,2015..
A certified true copy of the said judgement is attached as Annex ―A‖ hereof, with
submarkings.
II. That the defendant, Juan D. Cruz, posted a bond in favor of the plaintiff, Juana
D. Cruz in accordance with the rules.
PRAYER
Wherefore, premises considered, it is respectfully prayed that the motion to stay execution of
judgment dated August 1, 2015 of this Honorable Court (Annex A) be granted.
Further, the plaintiff respectfully prays for such and other reliefs as may be deemed just and
equitable in the premises.
Baguio City, Philippines. August 5, 2015.
Atty.
Juanita D. Dela Cruz Counsel
for the Defendant XYZ
Associates Law Firm
th
18 Flr, ABC Building, Y St. cor Z st.
Session Rd, Baguio, City
Roll No. 9999:9/09/1999
IBP No. 89999:9/09/1999-Manila
MCLE No. II-00190: 9/9/2019
(NOTICE OF HEARING)
(PROOF OF SERVICE)
16
III. MOTION FOR EXECUTION PENDING APPEAL
a. Legal Basis
The execution of judgment pending appeal is an exception to

the general rule and must, therefore, be strictly construed. So,
too, it is not to be availed of and applied routinely, but only in
extraordinary circumstances.
This rule is strictly construed against the movant, for courts

look with disfavor upon any attempt to execute a judgment
which has not acquired a final character. In the same vein, the
Court has held that such execution is "usually not favored
because it affects the rights of the parties which are yet to be
ascertained on appeal." (Villamor vs. Napocor)
RULE 39
Execution, Satisfaction and Effect of Judgments
Section 2. Discretionary execution. —

(a) Execution of a judgment or final order pending appeal. — On
motion of the prevailing party with notice to the adverse party filed
in the trial court while it has jurisdiction over the case and is in
possession of either the original record or the record on appeal, as
the case may be, at the time of the filing of such motion, said court
may, in its discretion, order execution of a judgment or final order
even before the expiration of the period to appeal.
After the trial court has lost jurisdiction the motion for
execution pending appeal may be filed in the appellate court.
Discretionary execution may only issue upon good reasons to

be stated in a special order after due hearing.
b. Requirements
17
In Manacop v. Equitable Banking Corporation (G.R. No. 162814-17,
August 25, 2005, 468 SCRA 256.)
(a) there must be a motion by the prevailing party with
notice to the adverse party;
(b) there must be a good reason for execution pending
appeal; and
(c) the good reason must be stated in a special order.
Good Reasons, Defined.-

The reasons allowing execution must constitute superior
circumstances demanding urgency which will outweigh the
injury or damages should the losing party secure a reversal of
the judgment.
As such exception, the court’s discretion in allowing it must be

strictly construed and firmly grounded on the existence of
good reasons. ―Good reasons,ǁ it has been held, consist of
compelling circumstances that justify immediate execution
lest the judgment becomes illusory. The circumstances must
be superior, outweighing the injury or damages that might
result should the losing party secure a reversal of the
judgment. Lesser reasons would make of execution pending
appeal, instead of an instrument of solicitude and justice, a
tool of oppression and inequity. (Florendo vs Paramount Corp.
G.R. No. 167976, January 20, 2010)
EXAMPLES OF GOOD REASONS
1. ―Imminent danger of insolvency.‖ (Archinet International vs

Becco Philippines, Inc., G.R. No. 183753, June 19, 2009)
2. Judgment debtor is actually insolvent (Padilla et.al. vs CA, et.al.,

L-31569, Sept. 28, 1973)
3. The Prevailing party was a natural person who, at 76 years of
age, may no longer enjoy the fruit of the judgment before he finally
passes away. (Borja vs Court of Appeals. 274 Phil. 258 [1991])
18
4. When the appeal is dilatory and the losing party intends to
encumber and/or dispose of the property subject of the case during
the pendency of the appeal in order to defraud or deprive the
plaintiff of proprietary rights and defeat the ends of justice (Home
Insurance Company vs. Court of Appeals, 184 SCRA 318 [1990]
However, BF Corporation v. Edsa Shangri-la Hotel,
the Supreme Court held that an allegation that the appeal is
merely dilatory is not a good reason for granting execution
pending appeal.
Note: ―Good reasonǁ as required by Section 2, Rule
39 of the Rules of Court does not necessarily mean
unassailable and flawless basis but at the very least, it must
be on solid footing. Dire financial conditions of the plaintiffs
supported by mere self-serving statements as ―good reasonǁ
for the issuance of a writ of execution pending appeal does
not stand on solid footing. It does not even stand on its own.
(National Power Corporation vs Judge Adiong, A.M. No. RTJ-
07-2060)
5. That the goods subject matter of the judgment will deteriorate

during the pendency of the appeal; and that a slight deterioration
of said goods will be sufficient to impair their market value as first-
hand goods. (Federation of United Namarco Distributors, Inc. v.
National Marketing Corp. G.R. L-17819 March 31, 1962)
c. Purpose
The reasons allowing execution must constitute superior

circumstances demanding urgency which will outweigh the
injury or damages should the losing party secure a reversal of
the judgment.
d. Contents
19
A motion for execution pending appeal shall state the relief
sought to be obtained, the grounds upon which it is based and
most importantly the ―good reasonsǁ as required under Sec.2
of Rule 39 of Rules of Court, and shall be accompanied by
supporting affidavits and other papers.
The rules applicable to pleadings shall apply to written

motions so far as concerns caption, designation, signature,
and other matters of form.
i. Issue in the name of the Republic of the Philippines from

the court which granted the motion;
ii. State the name of the court, the case number and title,
the dispositive part of the subject judgment or order
including t he ―good reason‖ as required by the Rule; and
iii. Require the sheriff or other proper officer to whom it is

directed to enforce the writ according to its terms.
e. Who May File
In motion for execution pending appeal, the interested party,

usually the winning party, may file for the execution of the
judgment provided a ―good reasonsǁ are stated.
f. Where to file
On motion of the prevailing party with notice to the adverse

party filed in the trial court while it has jurisdiction over the
case and is in possession of either the original record or the
record on appeal, as the case may be, at the time of the filing
of such motion, said court may, in its discretion, order
execution of a judgment or final order even before the
20
expiration of the period to appeal. After the trial court has lost
jurisdiction the motion for execution pending appeal may be
filed in the appellate court. (Sec.2, Rule 39)
g. Effects
Quod nullum est, nullum producit effectum. The validity of the

execution pending appeal will ultimately hinge on the court’s
findings with respect to the decision in which the execution is
based.
Although discretionary execution can proceed independently

while the appeal on the merits is pending, the outcome of the
main case will greatly impact the execution pending appeal,
especially in instances where as in this case, there is a
complete reversal of the trial court’s decision. Thus, if the
decision on the merits is completely nullified, then the
concomitant execution pending appeal is likewise without any
effect.
21
h. Sample Form

First Judicial Region Regional
Trial Court Branch 123, Pasig
City
Nancy Zecko
Plaintiff,
Civil Case No.: 456
vs. For: Collection of Sum of Money with

Damages
Christine David
Defendant
x x
MOTION FOR EXECUTION PENDING APPEAL
Plaintiff, by counsel and unto this Honorable Court, respectfully states:
4. That the judgment in the above captioned case was rendered by this Honorable Court
in favor of the plaintiff , Nancy Zecko on August 1,2016..
The judgement of this Honorable Court made the following awards in favor of the
plaintiff;
Unpaid Sum of Money – P500,000

Moral damages – P100, 000.00;
Exemplary damages – P100,000;
Attorneys fees – P200,000.00 Litigation
Expenses – P100,000 Cost of suit
22
A certified true copy of the said judgement is attached as Annex ―A‖ hereof, with
submarkings.
5. That said judgment was duly received by the defendant on August 2,2016 as shown in
the registry return card;
6. While pending appeal, the petitioner has grown old with the case and is now 75 years
of age and she fears he may no longer be in this world when the case is finally decided.
PRAYER
Wherefore, premises considered, it is respectfully prayed that a writ of

execution pending appeal be issued to implement the judgment dated August 1, 2016 of
this Honorable Court.
Further, the plaintiff respectfully prays for such and other reliefs as may be
deemed just and equitable in the premises.
Pasig City, Philippines. August 1, 2019.
Atty. Warren T. Inez

Co and Vid Law Firm
th
18 Flr, XYZ Building, Y St. cor Z st.
C. Raymundo, Pasig City
Roll No. 9999:9/09/1999
IBP No. 89999:9/09/1999-Manila
MCLE No. II-00190: 9/9/2019
23
II. MOTION TO EXPUNGE
The term ―expungeǁ means to erase, obliterate, to strike out or

mark for deletion. A motion to expunge is a written request to a
judge by either party for the removal or exclusion of a certain
affidavit or evidence from the records in violation of certain rules
of court.
Jurisdiction other than the Philippines, expungement refers to

a legal process to seal a criminal record. In law, a motion usually
refers to a legal request for action. It is the motion to expunge that
formally requests a court to free a person of the burden of having
a conviction on his record. Such a request may be made for
felonies or misdemeanors in some jurisdictions. Therefore, a
motion to expunge is a request for a court to seal a person’s
criminal record.
a. Legal Basis
SEC. 14, RULE 70 - RULES ON CIVIL PROCEDURE; and SEC. 20 -
RULES ON SUMMARY PROCEDURE
SEC. 14. Affidavits.—The affidavits required to be submitted under

this Rule shall state only facts of direct personal knowledge of the
affiants which are admissible in evidence, and shall show their
competence to testify to the matters stated therein.
A violation of this requirement may subject the party or the counsel

who submits the same to disciplinary action, and shall be cause to
expunge the inadmissible affidavit or portion thereof from the
record.
b. Purpose
A motion to expunge is a written request to a judge by either

party for the removal or exclusion of a certain affidavit or evidence
from the records in violation of certain rules of court.
24
c. Contents
i. Caption/Heading
ii. Parties involved
iii. Docket No.
iv. Title of the Document
v. Introduction
vi. Body/Statement
vii. Prayer
viii. Attorney’s Box
d. Parties
A motion to expunge may be filed either of the parties and/or their

representatives challenging a certain affidavit or evidence submitted by the other
party in violation of rules of court.
e. Effects
Granting the motion to expunge would result to removal of certain

affidavit from the records of the case.
25
f. Sample Form - A
REPUBLIC OF THE PHILIPPINES DEPARTMENT OF

JUSTICE
NATIONAL PROSECUTION SERVICE OFFICE
OF THE CITY PROSECUTOR MUNTINLUPA
CITY
ABC COMPANY NPS DOCKET NO. XV-03-

INV-16B- 00125
Rep. by: Max Dela Torre
Complainant,
For: ESTAFA
-versus-
EVAN GIOVANI
Respondent.
xx xx
MANIFESTATION AND MOTION TO EXPUNGE
NOW COMES, the Complainant in the above-entitled case, thru the

undersigned counsel respectfully by the undersigned counsel, respectfully states that:
1. On 4 March 2015, the Honorable Office set a hearing for Preliminary

Investigation of the above-entitled case and directed
26
that the Respondent to file his Counter Affidavit before ACP DONALD
DUCK;
2. Said hearing was attended by the Associate of the undersigned Counsel of

the Complainant, Max Dela Torre. However, the Respondent failed to
attend said hearing and submit his Counter Affidavit;
3. In view of the foregoing, the Honorable ACP DONALD DUCK made a

decision to submit the case for resolution;
4. However, it was learned by the undersigned counsel thru his own effort and
diligence that the Respondent filed his Counter Affidavit before the
secretary/Executive Assistant before closing of office hours of this
Honorable Office;
5. Thus, it is against the Manual for Prosecutors issued by Depart of Justice,

National Prosecution Service that the Counter affidavit of the Respondent
is being filed without filing a Motion for Reopening of Investigation after
the Investigating Prosecutor submitted the case for Resolution.
28. Submission of case for resolution. - The Investigating Prosecutor shall

case submitted for resolution:
a) When the respondent cannot be subpoenaed or, if

subpoenaed, does not submit his counter-affidavit within the
reglementary period. In such a case, the Investigating Prosecutor shall base
his resolution on the evidence presented by the complainant; or upon
submission by the parties of their respective affidavits and supporting proof
or documents, in which event, he shall, upon the evidence thus adduced,
determine whether or not there is sufficient ground to hold the respondent
for trial
SEC. 31. Reopening of investigation.- After a case under preliminary

investigation has been submitted for resolution under the provisions of the
preceding Section but before promulgation of the resolution, the
preliminary investigation may be reopened for the purpose of receiving
new and/or additional evidence upon the prior authorization given by the
Provincial/City Prosecutor concerned or upon motion of the interested
party, Provided, That in the latter case, it shall be subject to the following
conditions:
27
PRAYER
WHEREFORE, premises considered, it is respectfully prayed before this Honorable

Office that this Manifestation be duly noted and that the Counter Affidavit submitted by the
Respondent be disallowed and expunged from the Records of the case
Complainant prays for such other measures of relief as this Honorable Office may
deem just and equitable in the premises.
Marikina City for City of Muntinlupa, 11 March 2015
by:
Bentley Law Office & Associates

CU01A Alicante Tower, Marquinton Condominiums,
Sumulong Hi-way cor. Toyota Avenue, Barangay Sto.
Niño, Marikina City
Email address: bently.law@gmail.com Telephone
Nos. 504-4454
ATTY. JOHN PAUL PERU

PTR No. 6114445; 1-18-2015; Marikina
IBP No. 1025123; 1-15-2015; Rizal
Roll No. 62125
MCLE Governing board No.1, series of 2008
Copy Furnished:
RESPONDENT
28
Sample Form - B
REPUBLIC OF THE PHILIPPINES NATIONAL
CAPIT AL JUDICIAL REGION REGIONAL TRIAL
COURT
Quezon City Branch 214
IN THE MATTER OF INTESTATE
ESTATE OF JUAN DELA CRUZ
SP. PROC. NO. 20-123456
GLORIA DELA CRUZ,
Petitioner.
x x
MOTION TO EXPUNGE
(Comment/Opposition of Rex Dela Cruz) AND
MOTION TO RESOLVE PRIOR MOTION FOR
INHIBITION AND RE-RAFFLE
GLORIA D ELA CRUZ (hereafter ―GLORIA‖), by counsel, respectfully states

that:
1. The Comment/Opposition filed by REX DELA CRUZ (hereafter ―REX‖), dated 03 January
2018 and received by GLORIA through counsel on 15 January 2018, should be expunged
from the records. It is a lengthy recitation of allegations largely irrelevant to the Motion for
Inhibition and Re-Raffle filed by GLORIA on 18
29
December 2017, for which the Comment/Opposition was filed. More importantly, it is a
malicious attempt to mislead the Honorable Court into adopting allegations of fact that are
contrary not only to the facts on record, but to findings of fact and law made by no less than
the Supreme Court.
2. The core issue of the Motion for Inhibition and Re-Raffle is the inaction of the Honorable
Court on the prior Motions filed by GLORIA for the purpose of advancing the intestate
proceedings, as well as the numerous prior Oppositions filed against the purported
Inventory and Accounting of the Estate submitted by
REX. The Movant argues that the inaction of the Honorable Court is prejudicial to
the true and legal heirs of JU AN DELA CRUZ (hereafter ― JU AN‖). Hence, the purported
issues about the status of GLORIA as the legal spouse of the decedent JUAN are irrelevant
to such Motion. On this score alone, the Comment/Opposition of REX should be completely
disregarded.
3. However, REX goes one step further and makes factual allegations unsupported by law
and evidence, perhaps out of ignorance, oversight, or simply a malicious attempt to
mislead the Honorable Court.
4. On the purported issue of GLORIA’s status as the legal spouse of the decedent JUAN,
this is a matter of simply reviewing the records of this case. GLORIA has proven through
credible and competent testimonial and documentary evidence in SP Proc. Q-20-123456
(probate proceedings which was previously consolidated with the instant intestate
proceedings) that she was the legal spouse of JUAN at the time of his demise. This is a
factual matter long
settled.
5. In fact, no less than the Supreme Court has settled this very question. In Social Security
System et al. v. Gloria Dela Cruz , the Supreme Court upheld with finality the findings of
the Social Security Commission and the Court of Appeals with respect to the status of
GLORIA as the legal spouse of JUAN, to wit:
“As found by both the SSC and the CA, the divorce obtained by respondent against
the deceased Antonio was not binding in this jurisdiction. Under Philippine law, only
aliens may obtain divorces abroad, provided they are valid according to their
national law. The divorce was obtained by respondent Gloria while she was still a
Filipino citizen and thus covered by the policy against absolute divorces. This did not
sever her marriage ties with Juan. ” (Emphasis supplied.)
30
6. In fact, not only did the Honorable Supreme Court rule on the validity and subsistence
of GLORIA’s marriage to JUAN up to the time of his death, it reinstated the Social Security
Commission decision, which found that JUAN’s marriage to REX was void.
7. Having accepted the decision of the Social Security Commission and failing to appeal
that portion declaring her marriage to JUAN void, REX is thus barred by res judicata
(conclusiveness of judgment) from asserting diametrically
opposed and contradictory facts before this Honorable Court. No amount of legal
gymnastics and allegations of spurious facts will miraculously make GLORIA’s marriage to
JUAN void, let alone REX’s marriage to JUAN valid and binding.
REX’s act of blatantly alleging facts contrary to the settled findings of fact by
the Honorable Supreme Court may be construed as a direct and
contemptuous affront to the dignity of this Honorable Court.
8. We manifest further that REX in effect prays that the Honorable Court terminate the
intestate proceedings. In Paragraph 12 of the Comment/Opposition, REX alleges:
“That in the same vein, with due respect, there is no longer reason and legal
feasibility or the Honorable Court to proceed with the intestate proceedings;”
9. We vehemently oppose any such relief, especially considering that the pleading filed
was not a motion specifically asking for such termination and that no Notice of Hearing
was set for the purpose of hearing what appears to be a litigious motion in disguise, in
blatant violation of Section 4, Rule 15 of the Rules of Court.
10. Furthermore, we manifest that the initial portions of the intestate proceedings were
held in abeyance while the probate proceeding (SP Proc. Q-XX-XXXXX) was litigated. As can
be gleaned from the records, the only action taken in the intestate proceedings prior to being
held in abeyance was the appointment of Atty. Jose Ma. R. Arcinas as Administrator of the
Estate. Upon termination of the probate proceedings, however, no action has been taken
by the Honorable
31
Court, despite numerous Motions filed by Petitioner GLORIA, to move the intestate
proceedings forward. The duly appointed Administrator has
been unable to conduct a proper Inventory and Accounting of the Estate, due to REX’s
refusal to surrender the same. There has been no judicial determination of the heirs of
JUAN, as required by the Rules of Court prior to the distribution of the remainder of the
Estate. Thus, in praying for a termination of the intestate proceedings, what REX asks of the
Honorable Court is nothing short of the complete and utter violation of the Rules of Court.
11. The Honorable Court should not countenance this brazen attempt at flouting the facts,
the Rules of Court, and the law. Hence, REX’s Comment/Opposition should be EXPUNGED
from the records.
12. REX is correct however in one respect: a person not an heir as defined under the Civil
Code is considered a stranger to the estate. Since REX’s marriage to JUAN is void, then by
her own argument, REX has no rights and interests in the Estate that would warrant her
further participation in the instant intestate proceedings, she being a stranger to the Estate.
13. Thus we reiterate the prejudice against the Estate caused by the inaction of the
Honorable Court in disposing of our motions to proceed with intestate proceedings, to
reaffirm the prior appointment of Atty. Jose Ma. R. Arcinas as Administrator (and not merely
a Joint Special Administrator, as misstated by REX), and to deem as terminated the
appointment of REX as special administrator under the now-terminated probate
proceedings. REX’s continued possession and use of the property and fruits of the Estate as
a stranger to the same are prejudicial to JUAN’s true and legal heirs.
14. Having reiterated thus, we move and pray that the Motion for Inhibition and Re-Raffle
is resolved, and that HONORABLE PRESIDING JUDGE voluntarily inhibit himself from
adjudicating the instant intestate proceedings and that the same be re-raffled to another
Branch of the Honorable Court.
WHEREFORE, it is respectfully prayed that:
32
1. The Comment/Opposition of REX DELA CRUZ be EXPUNGED from the records for being
irrelevant, maliciously inaccurate, and being a disguised Motion filed without a Notice of
Hearing;
2. The Motion for Inhibition and Re-Raffle be RESOLVED, and
3. The HONORABLE PRESIDING JUDGE, Presiding Judge of this Honorable Court, voluntarily
INHIBIT himself from adjudicating the instant intestate proceedings and that the same be
RERAFFLED to another Branch of the Honorable Court.
Quezon City, 24 January 2018.
Esteban Law Office
Counsel for Petitioner Gloria dela Cruz
2K Edificio Enriquieta
412 N. S. Amoranto St. cor. D. Tuazon Ave., 1114
Quezon City
By:
JOSE BALTIMORE
IBP No. 016111 (lifetime), 15 May 2017, Quezon City Chapter PTR
No. 5545441, 18 January 2018, Quezon City
Roll No. 69622, 01 June 2017
MCLE Compliance: Pending, admitted to the Bar 2017
33
III. SUPPLEMENTAL COMPLAINT
a. Legal Basis and its Purpose
Supplemental complaint refers to an additional

complaint that either corrects a defect in the original
complaint or adds relevant matters that occurred after the
action began. Generally, a party must obtain the court's
permission to file a supplemental complaint. The usual office
of a supplemental complaint is to set up facts occurring
subsequent to the filing of the original complaint which justify
other or further relief with respect to the same subject matter
as the controversy referred to in the complaint. The right to
file a supplemental complaint can be exercised only with
reference to matters which may be consistent with and in aid
of the case made by the original complaint. However, it is not
allowable to substitute a new and independent cause of action
by way of supplemental complaint.
Sec. 3, Rule 6. Complaint. - The complaint is the pleading

alleging the plaintiff's cause or causes of action. The names and
residences of the plaintiff and defendant must be stated in the
complaint.
Section 10, Rule 6. Reply. — A reply is a pleading, the

office or function of which is to deny, or allege facts in denial
or avoidance of new matters alleged by way of defense in the
answer and thereby join or make issue as to such new
matters. If a party does not file such reply, all the new matters
alleged in the answer are deemed controverted.
34
If the plaintiff wishes to interpose any claims arising out
of the new matters so alleged, such claims shall be set forth
in an amended or supplemental complaint.
Section 6, Rule 10. - Supplemental pleadings. —

Upon motion of a party the court may, upon reasonable notice
and upon such terms as are just, permit him to serve a
supplemental pleading setting forth transactions, occurrences
or events which have happened since the date of the pleading
sought to be supplemented. The adverse party may plead
thereto within ten (10) days from notice of the order admitting
the supplemental pleading.
b. Contents
As defined, complaint is the pleading alleging the plaintiff's

cause or causes of action. The formalities / parts of the
pleadings as specified under Rule 7 of Rules of Court shall
govern.
RULE 7
Parts of a Pleading
Section 1. Caption. — The caption sets forth the name of the court,
the title of the action, and the docket number if assigned.
The title of the action indicates the names of the parties. They
shall all be named in the original complaint or petition; but in
subsequent pleadings, it shall be sufficient if the name of the
first party on each side be stated with an appropriate
indication when there are other parties.
35
Their respective participation in the case shall be indicated.
(1a, 2a)
Section 2. The body. — The body of the pleading sets fourth

its designation, the allegations of the party's claims or
defenses, the relief prayed for, and the date of the pleading.
(n)
(a) Paragraphs. — The allegations in the body of a pleading

shall be divided into paragraphs so numbered to be readily
identified, each of which shall contain a statement of a
single set of circumstances so far as that can be done with
convenience. A paragraph may be referred to by its number
in all succeeding pleadings. (3a)
(b) Headings. — When two or more causes of action are

joined the statement of the first shall be prefaced by the
words "first cause of action,'' of the second by "second
cause of action", and so on for the others.
When one or more paragraphs in the answer are

addressed to one of several causes of action in the
complaint, they shall be prefaced by the words "answer
to the first cause of action" or "answer to the second
cause of action" and so on; and when one or more
paragraphs of the answer are addressed to several
causes of action, they shall be prefaced by words to
that effect. (4)
(c) Relief. — The pleading shall specify the relief sought,

but it may add a general prayer for such
36
further or other relief as may be deemed just or
equitable. (3a, R6)
(d) Date. — Every pleading shall be dated. (n)
Section 3. Signature and address. — Every pleading must

be signed by the party or counsel representing him, stating in
either case his address which should not be a post office box.
The signature of counsel constitutes a certificate by him that

he has read the pleading; that to the best of his knowledge,
information, and belief there is good ground to support it; and
that it is not interposed for delay.
An unsigned pleading produces no legal effect. However, the

court may, in its discretion, allow such deficiency to be
remedied if it shall appear that the same was due to mere
inadvertence and not intended for delay. Counsel who
deliberately files an unsigned pleading, or signs a pleading in
violation of this Rule, or alleges scandalous or indecent matter
therein, or fails promptly report to the court a change of his
address, shall be subject to appropriate disciplinary action.
(5a)
Section 4. Verification. — Except when otherwise

specifically required by law or rule, pleadings need not be
under oath, verified or accompanied by affidavit .(5a)
37
A pleading is verified by an affidavit that the affiant has read
the pleading and that the allegations therein are true and
correct of his knowledge and belief.
A pleading required to be verified which contains a verification

based on "information and belief", or upon "knowledge,
information and belief", or lacks a proper verification, shall be
treated as an unsigned pleading. (6a)
Section 5. Certification against forum shopping. — The

plaintiff or principal party shall certify under oath in the
complaint or other initiatory pleading asserting a claim for
relief, or in a sworn certification annexed thereto and
simultaneously filed therewith: (a) that he has not theretofore
commenced any action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial agency and, to
the best of his knowledge, no such other action or claim is
pending therein; (b) if there is such other pending action or
claim, a complete statement of the present status thereof; and
(c) if he should thereafter learn that the same or similar action
or claim has been filed or is pending, he shall report that fact
within five (5) days therefrom to the court wherein his
aforesaid complaint or initiatory pleading has been filed.
Failure to comply with the foregoing requirements shall not be

curable by mere amendment of the complaint or other
initiatory pleading but shall be cause for the dismissal of the
case without prejudice, unless otherwise provided, upon
motion and after hearing. The submission of a false
certification or non-compliance with any of the undertakings
therein shall constitute indirect contempt of court, without
prejudice to the corresponding administrative and criminal
actions. If the acts of the party or his counsel clearly
constitute willful and deliberate forum shopping, the same
38
shall be ground for summary dismissal with prejudice and
shall constitute direct contempt, as well as a cause for
administrative sanctions. (n)
c. Parties who may File
The complaint is the pleading alleging the plaintiff's cause or

causes of action. The names and residences of the plaintiff
and defendant must be stated in the complaint.
39
d. Sample Form
REPUBLIC OF THE PHILIPPINES NATIONAL
CAPITAL JUDICIAL REGION REGIONAL TRIAL
COURT
BRANCH 123, QUEZON CITY
TONY LEE married to SIOK LU LEE,

CD DDEVELOPMENT CORP, AND
ZEE PRESS, INC.
Plaintiffs,
-versus- CIVIL CASE NO. R-QZN-13-04556
ABC BANKING CORPORATION

and necessary parties, THE CLERK OF
COURT & EX-OFFICIO
SHERIFF, RTC, Quezon City, and the
REGISTER OF DEEDS, Quezon City,
Defendants.
x- - x
SUPPLEMENTAL COMPLAINT
PLAINTIFFS, through the undersigned collaborating counsel, to this

Honorable Court, by way of supplement to the Complaint filed on November
28, 2013, respectfully state that:
40
1. Plaintiffs adopt the allegations and causes of action contained in
their Complaint filed on November 28, 2013.
2. By way of supplement to the complaint, plaintiffs aver the following

supplemental facts and causes of action, namely:
SUPPLEMENTAL ALLEGATION OF FACTS
2.1. On November 28, 2013, the plaintiffs filed the instant action for
judicial redemption and damages against ABC BANKING CORP.
2.2. The instant case was instituted by the plaintiffs to compel the
defendant ABC Banking Corporation to allow the plaintiffs to redeem the
foreclosed subject properties after the Court shall have ascertained the proper
amount of their loan obligation.
2.3. The plaintiffs filed the instant case on November 28, 2013 or six (6)
days after the Decision of the Supreme Court dated July 25, 2012 became final and
Executory on November 22, 2013.
2.4. The said Decision of the Supreme Court affirmed the Decision of
the Court of Appeals which lifted the Stay Order issued by the Regional Trial Court
of Quezon City.
2.5. Meanwhile, without the knowledge of the plaintiffs, On November

5, 2013, Philippine National Bank prematurely consolidated its ownership over the
subject properties even before the finality of the judgment of the Honorable
Supreme Court.
2.6. Unfortunately, the said premature consolidation by ABC BANKING

CORP was discovered by the plaintiffs only after the filing of the instant case.
2.7. In view of the premature consolidation by ABC BANKING CORP of

its ownership over the subject properties, the Register of Deeds of Quezon City
cancelled TCT No. RT-13621 (247562) and TCT No. RT- 13620 (247561) and new
Transfer Certificate of Titles were issued under the name of Philippine National
Bank, particularly TCT No. 004- 2016005519 and TCT No. 0042016005520. Copies
of cancelled TCT No. RT-1362 and TCT No. RT-13620 are hereto attached as
Annexes “A” and “A-1”, respectively, while copies of TCT No. 004-2016005519 and
41
TCT No. RT-13620 are hereto attached as Annexes “A-2” and “A-3”,
respectively.
2.8. In addition, by prematurely consolidating its title over the subject

properties, ABC BANKING CORP clearly violated and deliberately disregarded the
right of the plaintiffs to redeem the subject properties which was provided under
the law.
2.9. Moreover, despite the fact that ABC BANKING CORP’s consolidation
of its ownership over the subject properties was illegal and premature, it sent
letters to the plaintiff demanding and harassing the latter and its tenants to vacate
the subject properties. Copies of the Notice and/or Demands to Vacate are
attached to the Motion as Annexes “B” to “B-2”.
2.10. The unlawful acts of ABC BANKING CORP clearly manifests its
intention to gain possession of the subject properties for the purpose of selling
such properties to unsuspecting third parties despite the pendency of the instant
case.
2.11. Inasmuch as the consolidation by ABC BANKING CORP of its title

over the subject properties was premature, illegal, and void, ABC BANKING CORP,
consequently, has no right to obtain possession over the said properties or to do
any act which affects such properties. Any act of ABC BANKING CORP involving
the subject properties would cause grave and irreparable injury to the plaintiffs as
they are still entitled to exercise their right of redemption under the law.
2.12. In view of the foregoing, there is an absolute necessity for this

Honorable Court to immediately issue a Temporary Restraining Order and/or Writ
of Preliminary Injunction directing the defendant ABC BANKING CORP to refrain
from performing any act the objective of which is to gain possession of the subject
properties and/or sell the same to any third party, or any other act which involves
the subject properties, until the merits of the instant case can be heard.
FIRST SUPPLEMENTAL CAUSE OF ACTION
42
3. The act of ABC BANKING CORP in consolidating its title over the
subject properties are clearly premature because plaintiffs are still entitled to
redeem the subject properties. Hence, the consolidation made by ABC BANKING
CORP must be declared null and void for being premature and lacking any legal
basis.
SECOND SUPPLEMENTAL CAUSE OF ACTION
4. Secondly, inasmuch as the consolidation of title made by ABC

BANKING CORP was premature, baseless and, therefore, null and void, the new
Transfer Certificates of Title, particularly TCT No. 004- 2016005519 and TCT No.
004-2016005520 registered under the name of Philippine National Bank, must also
be declared Null and Void for having been issued pursuant to an invalid and
unlawful act, i.e., premature Affidavit of Consolidation.
THIRD SUPPLEMENTAL CAUSE OF ACTION
5. Finally, considering that TCT No. 004-2016005519 and TCT No.

004-2016005520 are null and void, the Register of Deeds of Quezon City must
be directed to reinstate TCT Nos.TCT No. RT-13621 (247562) and TCT No. RT-
13620 (247561).
PRAYER
WHEREFORE premises considered, it is respectfully prayed of this

Honorable Court that this instant Supplemental Complaint be admitted and
taken together with the original complaint and after proper proceedings, a
Temporary Restraining Order and/or Writ of Preliminary Injunction be
issued against the defendant ABC BANKING CORP, directing the latter to
refrain from taking any action to obtain possession of the subject properties
and after trial on the merits or other proper proceedings that
43
judgment be rendered in favor of plaintiffs and against the defendants,
declaring, in addition to the reliefs prayed for in the original complaint, that:
a) The Affidavit of Consolidation executed by Philippine

National Bank be declared null and void;
b) TCT No. 004-2016005519 and TCT No. 004-2016005520

issued in favor of Philippine National Bank by virtue of the void
consolidation be declared also as Null and Void;
c) TCT No. RT-13621 (247562) and TCT No. RT-13620

(247561) be reinstated.
Plaintiffs likewise pray for such other reliefs as may be deemed just
and equitable under the premises.
Quezon City, October 20, 2017.
CO and VID LAW OFFICE
Collaborating Counsel for the Plaintiffs
Suite 101, Senor Ivan de Palacio Building
No. 120 Malakas Street, Brgy. Central, Diliman, Quezon City
By:
ZOCELL D. TANCHING
PTR No. 4750111, June 7, 2017, Q.C.
IBP Lifetime Roll No. 016912
SC Roll No. 70011
MCLE Compliance: Admitted to Bar on June 2, 2017
44
VERIFICATION AND
CERTIFICATE OF
NON-FORUM SHOPPING
WE, TONY LEE, married to SIOK LU LEE, CD DEVELOPMENT

CORP and ZEE PRESS, INC., thru their authorized representative STUART
LEE, pursuant to SPECIAL POWER OF ATTORNEY executed by TONY
LEE and SIOK LU LEE, Board Resolutions of CD DDEVELOPMENT CORP
and Secretary’s Certificate of ZEE PRESS, INC., which were already
attached to the Motion, after having been duly sworn to in accordance with
law, hereby depose and say that:
1. We are the PLAINTIFFS in the above-entitled case;
2. We have caused the preparation of the foregoing

SUPPLEMENTAL-COMPLAINT by our retained Collaborating Counsel based on
facts and authentic documents furnished him;
3. We further certify that Petitioner initially filed a Petition docketed

as SEC Corp. Case No. Q-02-010 but the same has already been dismissed, and
thereafter Plaintiffs has not commenced any other action or proceeding involving
the same issue, in the Supreme Court, Court of Appeals or other tribunal or agency
and if it ever comes to our knowledge that a similar action has been filed before
the Supreme Court, Court of Appeals or other tribunals or agency, we hereby
undertake to inform this Honorable Court of such fact within five (5) days
therefrom;
4. We have read and understood each and every allegation contained

therein and that the same are all true and correct of our own personal knowledge
or based on authentic records.
Quezon City, October 20, 2017.
45
STUART LEE
Affiant-Movant
As authorized representative of Plaintiffs
TONY LEE, married to SIOK LU LEE, CD DDEVELOPMENT CORP and

COLOR LITOGRAPHIC PRESS, INC.
SUBSCRIBED AND SWORN to before me this 20th day of October

2017 at Quezon City, affiants exhibited to me his Passport No. EC 6891111
issued on March 3, 2016 by DFA Mani la to expire on March 16, 2021.
Doc. No. ;
Page No. ;
Book No. ;
Series of 2017.
Copy furnished by PERSONAL DELIVERY:
CUAR AND ZIN LAW OFFICE

Counsel for the Defendant ABC BANKING CORP 25th
Floor, Cityland 10, Tower I
6825 Ayala Avenue North, Makati City
Register of Deeds
Quezon City
The Clerk of Court & Ex-Officio Sheriff
Quezon City
46
III. NOTICE OF CHANGE OF ADDRESS OF COUNSEL
a. Legal Bas
Under section 3, Rule 7 of the 1997 Rules of Civil Procedure,

every pleading must be signed by the party or counsel
representing him, stating in either case his address which should
not be a post office box.
In addition, the same rule states that a counsel who fails

promptly report to the court a change of his address shall be
subject to appropriate disciplinary action.
Moreover, section 16, Rule 13 of the Rules of Civil Procedure

provides that whenever a party to a pending action dies, and then
claim is not thereby extinguished, it shall be the duty of his
counsel to inform the court within thirty (30) days after such death
of the fact thereof, and to give the name and address of his legal
representatives. Failure of counsel to comply with his duty shall
be a ground for disciplinary action.
b. Purpose
The purposes of the notice of change of address of a counsel

can be implied under the Rules of Civil Procedure as follows:
Rule 13
Filing and Service of Pleadings, Judgments and Other Papers
Section 1. Coverage.- This Rule shall govern the filing of all

pleadings and other papers, as well as the service thereof, except
those for which a different mode of service is prescribed.
Section 5. Modes of Service – Service of pleadings, motions,

notices, orders, judgments and other papers shall be made either
personally or by mail.
Section 6. Personal Service.- Service of the papers may be

made by delivering personally a copy to the party or his counsel,
47
or by leaving it in his office with his clerk or with a person having
charge thereof. If no person is found in his office, or his office is
not known, or he has no office, then by leaving the copy, between
the hours of eight in the morning and six in the evening
, at the party’s or counsel’s residence, if known with a person of
sufficient age and discretion then residing therein.
Section 7. Service by mail. – Service by registered mail shall

be made by depositing the copy in the post office in a sealed
envelope, plainly addressed to the party or his counsel at his
office, if known, otherwise at his residence, if known, with postage
fully prepaid, and with instructions to the postmaster to return the
mail to the sender after ten (10) days if undelivered. If no registry
service is available in the locality of either the senders or the
addressee, service may be done by ordinary mail.
c. Grounds
The rules entail that the notice of change of address of a

counsel must be complied with when:
1. The lawyer is the legal representative or counsel of the party
or parties in a case;
2. That the counsel has a new or has changed his address; and
3. That the new address has not yet been notified to court in
accordance with the rules;
d. Contents/Parts
The notice of change of address of a counsel has the following

parts:
1. Heading
2. Title of the case
3. Addressee
4. Title of the document
5. Body
48
The body must indicate the name of the counsel and/ or
law firm and the new address. It must also state that it must also
request that copies of all notices, orders, resolutions, decisions,
pleadings, motions and/or other communications intended for
the undersigned or the above Law Firm be sent to the said new
address. It must also provide for the address where the
document was made and date when it was written.
6. Signature
e. When And Where To File
The rules provide that the notice of change of address of a

counsel must be promptly reported to the court that has
jurisdiction over the case which he is handling.
f. Effects Of The Executing Notice Of Change Of Address Of

Counsel
The execution of the notice of change of address of the

counsel would prevent the court from issuing copies of all
notices, orders, resolutions, decisions, pleadings, motions
and/or other communications which will not reach the counsel
because he changed his address without notice to the court.
The said notice will also protect the client from suffering
unfavorable fate of his case only because the lawyer failed to
receive important documents, which, in good faith, were
erroneously sent to his old address.
Hence, upon change of address, the lawyer must immediately

inform the proper court. This is to avoid unnecessary delay in the
case and other unfavorable consequences as provided by law.
The court’s admonition in Juane vs. Garcia, thus:
The time has come, we believe, for this Court to remind the
members of the Bar that it is their escapable duty to make of
record their correct address in all cases in which they are counsel
for a suitor. For, instances there have been in the past when,
because of failure to inform the court of the change of address,
litigations were delayed. And this, not to speak of
49
inconvenience caused the other parties and the court. Worse still
litigants have lost their cases in court because of such negligence
on the part of their counsel. It is painful enough for a litigant to
suffer a a setback in a legal battle. It is doubly painful if defeat is
occasioned by his attorney’s failure to receive notice because the
latter has changed the place of his law office without giving the
proper notice therefor. It is only when some such situation comes
about that negligent lawyer comes to realize the grave
responsibility that he has incurred to his client and to the cause of
justice. It is then that the lawyer is reminded that in his oath of
office he solemnly declared that he will conduct himself as a
lawyer accordingly to the best of his knowledge and discretion .
Too late. Experience indeed is good teacher. To a lawyer, though,
it could prove very expensive. 31
g. Sample form
31
Philippine Suburban Development Corporation vs. Court of Appeal (G.R. No. L-33448)
50
Supreme Court
Manila
Third Division
G.R. No. 122855: Metro Ilo-ilo Water District vs. Court of Appeals, Hon.
Severino C. Aguilar, Emma Nava, Rufino Sitica, Jr., et al.
Atty. Juan Dela Cruz

The clerk of Court
Supreme Court
Manila
Third Division
NOTICE OF CHANGE OF ADDRESS OF COUNSEL
Sir:
Please take notice that Atty. Maria M. Cruz and/or the Law Firm of
Cruz and Associates has transferred their office to Door 2, Ground Floor, A
and L Building, E. Lopez Street, Jaro, Iloilo City, Philippines. Accordingly, it
is requested that copies of all notices, orders, resolutions, decisions,
pleadings, motions and/or other communications intended for the
undersigned or the above Law Firm be sent to the said new address.
Iloilo City, Philippines.14 January 2003.
Atty. Maria M. Cruz

51
Cruz and Associates Law Firm Roll No.
9999:9/09/1999
IBP No. 89999:9/09/1999-Manila MCLE No. II-
00190: 9/9/2019
Sent By Registered Mail With

Return Receipt
Copy Furnished:
Atty. Norberto J. Posecion Counsel

for Petitioner
2nd Floor, Maryville Bldg. Delgado Street
5000 Iloilo City
1
Arellano University
School of Law

for the subject:
Submitted By:
GROUP 11
Baldonado, Jashzeel
Motion to Resolve
Gabi, Hershey
Motion to Take Oral Deposition
Baldonado, Jashzeel and Gabi, Hershey

Withdrawal of Petition
Ricafort, Marie
Request of Records to NLRC
Pasajol, Bryan and Ricafort, Marie

Motion to Serve Summons by Publication
Pasajol, Bryan
Request for Issuance of Subpoena Ad Testificandum
2
I. Motion to Resolve
A. New rules on motions to prevent delays in the proceedings
The Revised Rules now define motions which are to be considered litigious (i.e.,
motion for bill of particulars, motion to dismiss, motion for reconsideration and
motion to resolve motion for early resolution) and non-litigious (i.e., motion for
postponement, motion for extension to file Answer).
Non-litigious motions are resolved by the court within 5 calendar days from receipt,
without having to wait for the other party's comment or opposition. The other party
is not even given a period to file any comment or opposition.
Litigious motions, on the other hand, are no longer to be set for hearing by the
moving party, unlike how it is done at present. It is up to the court if it considers a
hearing necessary. The other party should file an opposition to the litigious motion
within 5 calendar days from receipt thereof, without waiting for the court to order it
to do so. No other submissions shall be considered by the court.
B. Applicability
The Revised Rules will take effect on 1 May 2020. Like the earlier released
Revised Guidelines on Continuous Trial of Criminal Cases, the Revised Rules are
intended to expedite civil and criminal litigations and, to this end, streamline the
litigation process.
C. Form of motion to resolve
1. All motions shall be in writing. Excepted from this written requirement are
those: (a) motions made in open court; or (b) motions made in the course of a
hearing or trial (Sec. 2, Rule 15, Rules of Court). Thus, motion to resolve shall be in
writing for it does not fall into one of the stated exceptions.
2. The rules that apply to pleadings shall also apply to written motions with
respect to caption, designation, signature and other matters of form (Sec. 10, Rule
15, Rules of Court).
D. Purpose
Canon 3, Rule 3.05, of the Code of Judicial Conduct requires that a judge shall dispose of
the court's business promptly and decide cases within the periods prescribed therefor|||
(Request for Assistance Relative to Special Proceedings No. 28, A.M. No. RTJ-01-1624
(Formerly A.M. No. 96-8-303-RTC), [March 26, 2001],
407 PHIL 343-350)
The Court has consistently impressed upon members of the judiciary the need
to resolve and decide cases promptly and expeditiously under the time-
3
honored precept that justice delayed is justice denied.||| (Request for Assistance Relative
to Special Proceedings No. 28, A.M. No. RTJ-01-1624 (Formerly A.M. No. 96-8-303-RTC),
[March 26, 2001], 407 PHIL 343-350)
E. Contents of Motion
a) A statement of the relief sought to be obtained;

b) The grounds upon which the motion is based; and
c) The supporting affidavits and other papers. This applies only when so mandate by
the Rules or when necessary to prove facts stated in the motion. (Sec. 3, Rule 15,
Rules of Court)
F. When and Where to File

Rule 14, Section 4. Papers required to be filed and served. – Every judgment, resolution,
order, pleading subsequent to the complaint, written motion, notice, appearance,
demand, offer of judgment or similar papers shall be filed with the court, and served upon
the parties affected. (4)
Submission of motion to resolve is filed at the court you would like to request relief
into.
G. Manner of Filing
As one of written documents submitted to court ,motion to resolve shall be made

by:
a) Submitting personally the original thereof, plainly indicated as such, to the court;
 
b) Sending them by registered mail;  
c) Sending them by accredited courier; or  
d) Transmitting them by electronic mail or other electronic means as may be

  authorized by the Court in places where the court is electronically
equipped.
In the first case, the clerk of court shall endorse on the pleading the date and hour
of filing. In the second and third cases, the date of the mailing of motions,
pleadings, and other court submissions, and payments or deposits, as shown by
the post office stamp on the envelope or the registry receipt, shall be considered
4
as the date of their filing, payment, or deposit in court. The envelope shall be
attached to the record of the case. In the fourth case, the date of electronic
transmission shall be considered as the date of filing. (3a) (Sec. 3, Rule 13, Rules
of Court).
A motion to resolve will affect other party/ies rights. A copy of which shall be given
to other parties as well. Proper servicing of motions must be properly followed.
Substituted service maybe availed of if applicable. (Sec. 8, Rule 13, Rules of
Court).
5
6
H. SAMPLE FORM - MOTION TO RESOLVE:

Department of Justice
PROVINCIAL PROSECUTION OFFICE
MARINDUQUE
STARBIKE CORPORATION represented

herein by JOSE KONG,
Complainant,
-versus- NPS DOCKET NO. IV-05-INV-13E-111

For: QUALIFIED THEFT
MARCO O. VILLARUEL,
Respondent.
x -------------------------------------------- x
MOTION TO RESOLVE
MOTION FOR EARLY RESOLUTION
Complainant, by counsel, to the Honorable Prosecutor, respectfully states that:
1. The above-entitled case is a criminal action for QUALIFIED THEFT under the
Revised Penal Code, which was filed on May 22, 2013;
2. Almost two years had lapsed but no action or resolution has been done; and
3. Thus, the undersigned is requesting for the early resolution of the above
entitled case so as not to frustrate the ends of justice.
WHEREFORE, based on the premises presented, it is most respectfully prayed of

this Honorable Office that a Resolution be rendered in this case based on the evidence
presented.
Respectfully submitted this 13th day of May 2015 in Parañaque City for
Marinduque.
7
LMG Law Office
Room 2, Second Floor, TRDC Building
Dr. A. Santos Avenue, Brgy. San Isidro
Parañaque City, Metro Manila, Philippines
Tel. no. 893-4607
By:
ATTY. LIFRENDO M. GONZALES

Roll No. 56526
IBP No. 0993947/ 30 January 2015
PTR# 0229469, Parañaque City, 2-2-2015
MCLE Compliance No. IV- 0017107, 16 April 2013
NOTICE OF HEARING
Honorable City Prosecutor

Office of the City Prosecutor
Greetings:
Please take notice that the undersigned will submit the foregoing motion for the
Honorable Office’s consideration immediately upon receipt hereof without further oral
arguments and without presence of counsels/parties. Thank you.
Atty. Lifrendo M. Gonzales
EXPLANATION
Copies of the foregoing Motion were filed and served through registered mail
due to the distance of the offices involved and the lack of messengerial personnel.
Atty. Lifrendo M. Gonzales
Copy furnished:
MARCO O. VILLARUEL
Barangay Antipolo, Gasan
Marinduque
8
II. Motion to Take Oral Deposition
A. Brief Background
A deposition is the taking of the testimony of any person, whether he be a party or

not, but at the instance of a party to the action. This testimony is taken out of court.
The rule provides for either of two methods for taking deposition. It may either be
by: (a) an oral examination, or by (b) a written interrogatory.
A deposition may be sought for in a pending action (Rule 23), a future action (Rule
24), or for use in a pending appeal (Rule 24).
B. Application of the Rule / Legal Basis
Rule 23, Section 2. Scope of examination. — Unless otherwise ordered by the

court as provided by Section 16 or 18 of this Rule, the deponent may be examined
regarding any matter, not privileged, which is relevant to the subject of the pending
action, whether relating to the claim or defense of any other party, including the
existence, description, nature, custody, condition, and location of any books,
documents, or other tangible things and the identity and location of persons having
knowledge of relevant facts. (2)
C. Purpose
Rule 23, Section 4. Use of depositions. — At the trial or upon the hearing of a
motion or an interlocutory proceeding, any part or all of a deposition, so far as
admissible under the rules of evidence, may be used against any party who was
present or represented at the taking of the deposition or who had due notice
thereof, in accordance with any one of the following provisions:
a. Any deposition may be used by any party for the purpose of contradicting or
impeaching the testimony of the deponent as a witness;
b. The deposition of a party or of any one who at the time of taking the
deposition was an officer, director, or managing agent of a public or private
corporation, partnership, or association which is a party may be used by an
adverse party for any purpose;
c. The deposition of a witness, whether or not a party, may be used by any party
for any purpose if the court finds:
i. that the witness is dead; or
ii. that the witness resides at a distance more than one hundred
9
(100) kilometers from the place of trial or hearing, or is out of the
Philippines, unless it appears that his or her absence was
procured by the party offering the deposition; or
10
iii. that the witness is unable to attend or testify because of age, sickness,
infirmity, or imprisonment; or
iv. that the party offering the deposition has been unable to procure the
attendance of the witness by subpoena; or
v. upon application and notice, that such exceptional circumstances exist
as to make it desirable, in the interest of justice and with due regard to
the importance of presenting the testimony of witnesses orally in open
court, to allow the deposition to be used; and
d. If only part of a deposition is offered in evidence by a party, the adverse party
may require him or her to introduce all of it which is relevant to the part
introduced, and any party may introduce any other parts. (4a)
D. Contents of Motion
For Depositions before action:
Rule 24, Section 2. Contents of petition. — The petition shall be entitled in the name of
the petitioner and shall show:
a. that the petitioner expects to be a party to an action in a court of the
Philippines but is presently unable to bring it or cause it to be brought;
b. the subject matter of the expected action and his or her interest therein;
c. the facts which he or she desires to establish by the proposed testimony and
his or her reasons for desiring to perpetuate it;
d. the names or a description of the persons he or she expects will be adverse
parties and their addresses so far as known; and
e. the names and addresses of the persons to be examined and the substance of
the testimony which he or she expects to elicit from each, and shall ask for an
order authorizing the petitioner to take the depositions of the persons to be
examined named in the petition for the purpose of perpetuating their
testimony. (2a)
E. When and Where to File
For Depositions pending action, Motion to take oral deposition shall be filed
before the court where such action is pending (Sec. 1, Rule 23).
For Depositions before action:

Rule 24, Section 1. Depositions before action; petition. — A person who
desires to perpetuate his or her own testimony or that of another person regarding
any matter that may be cognizable in any court of the Philippines, may file a verified
petition in the court of the place of the residence of any expected adverse party.
11
For Depositions pending appeal:
12
Rule 24, Section 7. Depositions pending appeal. — If an appeal has been taken
from a judgment of a court, including the Court of Appeals in proper cases, or
before the taking of an appeal if the time therefor has not expired, the court in
which the judgment was rendered may allow the taking of depositions of witnesses
to perpetuate their testimony for use in the event of further proceedings in the said
court. In such case the party who desires to perpetuate the testimony may make a
motion in the said court for leave to take the depositions, upon the same notice
and service thereof as if the action was pending therein.
F. Effects of Execution of Document
Rule 23, Section 7. Effect of taking depositions. — A party shall not be deemed to make a
person his or her own witness for any purpose by taking his or her deposition. (7a)
Rule 23, Section 8. Effect of using depositions. — The introduction in evidence

of the deposition or any part thereof for any purpose other than that of contradicting
or impeaching the deponent makes the deponent the witness of the party
introducing
the deposition, but this shall not apply to the use by an adverse party of a
deposition as described in paragraph (b) of Section 4 of this Rule. (8)
G. Sample Form
13
Pasay City
Branch 113
IN THE MATTER OF THE ADOPTION OF

THE MINOR, JULIE ANN COMIA
CLARIZA,
Spec. Proc. No. R-PSAY-10-03902-CV
SPOUSES BENJAMIN M. CLARIZA and

ISABELITA C. CLARIZA,
Petitioners.
x
x
MOTION FOR LEAVE TO

TAKE DEPOSITION OF PETITIONERS UPON
ORAL EXAMINATION
Petitioners, by counsel, respectfully state:
1. In early part of 2010, the petitioners, who migrated to the United States in 1998,
arrived in the Philippines for their yearly visit and to file and prosecute the instant Petition for
the Adoption of minor Julie Ann Clarizza, which they filed with this Honorable Court on 24 June
2010.
2. On 12 July 2010, this Honorable Court issued an Order setting the initial hearing
of this case on 23 September 2010 at 8:30 a.m..
3. Petitioners respectfully manifest that they could not possibly attend the hearing
on 23 September 2010 and the subsequent hearings that may be scheduled by the Honorable
Court for the reception of their testimony because they are already scheduled to leave the
Philippines for the United States on 5 AUGUST 2010.
4. Due to their predicament, the petitioners pray of this Honorable Court that they
be granted leave to take their deposition upon oral examination pursuant to Section 1, Rule 23
of the 1997 Rules of Civil Procedure, to wit:
14
“SECTION 1. Depositions pending action, when may be taken. –
By leave of court after jurisdiction has been obtained over any defendant or
over property which is the subject of the action, or without such leave after
an answer has been served, the testimony of any person, whether a party
or not, may be taken, at the instance of any party, by deposition upon oral
examination or written interrogatories. The attendance of witnesses may be
compelled by the use of subpoena as provided in Rule 21. Depositions shall
be taken only in accordance with these Rules. The deposition of a person
confined in prison may be taken only by leave of court on such terms as the
court prescribes.”
5. Section 10 and 14, Rule 23 of the 1997 Rules of Civil Procedure provide that within
the Philippines, the said deposition may be taken before any judge, notary public, or any person
authorized to administer oaths.
6. Since the Honorable Court had already obtained jurisdiction over the person of the
petitioners upon their filing of their instant Petition, they are within their right to request for
leave of court to take their testimony by deposition upon oral examination.
PRAYER
WHEREFORE, in the interest of justice, it is most respectfully prayed that an Order
be issued by this Honorable Court allowing the petitioners to take their testimony by
deposition upon oral examination before this Honorable Court on 29 JULY 2010 at 8:30
a.m.
Other measures of relief, just and equitable in the premises, are likewise prayed
for.
Makati City for Pasay City, 21 July 2010.
QUIAL GINEZ & BELTRAN

5/F M.G. Building, 150 Amorsolo St.
Legaspi Village, Makati City
By:
WINSTON M. GINEZ
Roll No. 41114
PTR No. 2118835/01-15-10/Makati
IBP No. 810214/01-08-10/Zambales
MCLE No. III-0015506/ 05-04-10/Pasig City
JOEL RAYMOND R. ARCINUE

Roll No. 54631
PTR No. 2118834/01-15-10/Makati City
IBP No. 810212/01-08-10/Makati City
15
MCLE No. III-0015410, issued on 05-04-10/ Pasig City
NOTICE OF HEARING
THE CLERK OF COURT

RTC, Branch 113, Pasay City
Hall of Justice, Pasay City
Greetings!
Due to the urgency of the instant Motion and it being a non-litigious motion, please
submit the same for consideration and approval of the Honorable Court immediately upon
receipt hereof.
HON. TERESA BUENO-CABALUM

Trial Prosecutor
Office of the Pasay City Prosecutor
OFFICE OF THE SOLICITOR GENERAL

150 Amorsolo St., Legaspi Village
Makati City
Gentlemen:
Due to the urgency of the instant Motion and it being a non-litigious motion, please
take notice that the same will be submitted for consideration and approval of the
Honorable Court immediately upon receipt hereof.
Copy furnished:
HON. TERESA BUENO-CABALUM

Trial Prosecutor
Office of the Pasay City Prosecutor

150 Amorsolo St., Legaspi Village
Makati City
16
III. Withdrawal of Petition
A. Definition
Motion to Withdraw Petition is a motion filed with the Court requesting permission
to withdraw such application stating therein reasons for the withdrawal. Such
motion will be granted or denied by judge as a matter of discretion.
B. Legal Basis
In Civil Cases:
Withdrawal of appeal. — An appeal may be withdrawn as of right at any time

before the filing of the appellee's brief. Thereafter, the withdrawal may be
allowed in the discretion of the court. (4a) (Sec 3, Rule 50, Rules of Court)
In Criminal Cases:
Withdrawal of appeal. - Notwithstanding perfection of the appeal, the Regional

Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal
Trial Court, or Municipal Circuit Trial Court, as the case may be, may allow the
appellant to withdraw his appeal before the record has been forwarded by the
clerk of court
to the proper appellate court as provided in section 8, in which case,
the judgment shall become final. The Regional Trial Court may also,
in its discretion, allow the appellant from the judgment
of a Metropolitan Trial Court, Municipal Trial Court in Cities,
Municipal Trial Court, or Municipal Circuit Trial Court to withdraw his appeal,
provided a motion to that effect is filed before rendition of the judgment in the
case on appeal, in which case the judgment
of the court of origin shall become final and the case shall be remanded
to the latter court for execution of the judgment. (12 Section, Rule 119, Rules
of Court)
C. Purpose
Typically the court will decide whether or not to grant a motion to withdraw
based on the client’s best interests. However, if a client chooses to disobey
the law (by using the attorney’s services to commit a crime, requesting that
the attorney assist with fraud, etc.), the client’s best interests will not be the
court’s primary concern, for obvious reasons.
17
D. Contents
1. Heading
2. Case Title
3. Title of the Motion – Motion to Withdraw Petition
4. Body
a. Prefatory Statement
b. Petition to be withdrawn
c. Grounds for withdrawal
5. Prayer
6. Information of Counsel
7. Notice of Hearing
8. Explanation
E. When and Where to File
It should be filed in the court where the case is pending before the case is deemed
submitted for decision or resolution (CLDC VS CIR, G.R. No. 181371 March 2, 2011)
F. Effects of the Execution
When the case is not yet deemed to be submitted for decision or resolution,
submission of a Motion to Withdraw Petition shall cause the case to be
dismissed. When the case has already been decided and an appeal is
withdrawn, the assailed decision becomes final and executory. (CLDC VS CIR,
G.R. No. 181371, March 2, 2011)
18
G. Sample form

FOURTH JUDICIAL REGION CITY
OF BINAN, LAGUNA BRANCH 22
MARC ANDRES BAUTISTA

Petitioner
JDR CASE NO. B 102817
FOR: Declaration of Absolute
versus Nullity of Marriage under
Article 36 of the Family Code of the
Philippines
MARIA PATRICIA BAUTISTA
Respondent
X x
MOTION TO WITHDRAW PETITION
PETITIONER, by Counsel, to the Honorable Court respectfully moves to withdraw as he

hereby withdraws his Petition for declaration of absolute nullity of marriage on the
following grounds: 1) that he is no longer interested in the further prosecution thereof; and
2) that there is at this time of filing a greater possibility of reconciliation between the
parties.
PRAYER
WHEREFORE, on the grounds afore-cited, and there being no responsive pleading filed
by the respondent in this case, it is respectfully moved and prayed of this Honorable Court
that the instant petition be ordered withdrawn.
Relief and other remedies the Honorable Court shall find as just are likewise prayed for.
October 24 2017, Bacoor City to Binan, Laguna.
19
TALAKAGS LAW OFFICE
2ND Floor RM Building,
240 Aguinaldo Highway
Bacoor City, Cavite Philippines 4102
Telephone no. 02 9380123Mobile nos.
09123456789/0923567891
Talakagslawoffices@gmail.com
By:
ATTY. THERESA D. TALAKAGS

Collaborating Counsel for Petitioner
PTR NO. 6002211/ 01-04-17, Manila
IBP NO1047766/01-06-17, Marinduque
MCLE No. v- 0021976/qc/June 7, 2016
ROLL NO. 12614
With my conformity:
Marc Andres Bautista
20
NOTICE OF HEARING
The Clerk
RTC, Branch 22
Binan, Laguna
Maria Patricia Bautista

Ai- Ai General Trinio, GMA Cavite
GREETINGS:
Please submit the foregoing NON-LITIGOUS MOTION for the consideration and
immediate approval of the Honorable Court sans further arguments or appearance from
Counsel immediately upon receipt hereof.
Copy furnished:

Makati City
OFFICE OF THE CITY PROSECUTOR

City of Binan,Laguna
Maria Patricia Bautista

Ai- Ai General Trinio, GMA Cavite
Explanation
Due to the distance of the addressee and for lack of available messenger, the said
motion was served by registered mail.

Collaborating Counsel for Petitioner
PTR NO. 6002211/ 01-04-17, Manila
IBP NO1047766/01-06-17, Marinduque
MCLE No. v- 0021976/qc/June 7, 2016
ROLL NO. 12614
21
IV. REQUEST OF RECORDS TO NLRC
A. Definition
This is a request for decisions, resolutions and orders of the National Labor
Relations Commission which shall be open to the parties to the case and their counsel or
authorized representative during regular office hours.
B. Purpose
The request shall allow cognizant parties to access the records of the Commission
pertaining to the case for reference in subsequent procedures in the case.
C. Legal Basis
NLRC Rules of Procedure
SECTION 7. RECORDS OF CASE ON APPEAL. – The records of a case shall

have a corresponding index of its contents which shall include the following: (a) the
original copy of the complaint; (b) other pleadings and motions; (c) minutes of the
proceedings, notices, transcripts of stenographic notes, if any; (d) decisions, orders, and
resolutions as well as proof of service thereof, if available; (e) the computation of the
award; (f) memorandum of appeal and the reply or answer thereto, if any, and proof of
service, if available; (g) official receipt of the appeal fee; and (h) the appeal bond, if any.
The records shall be chronologically arranged and paged prominently.
SECTION 8. TRANSMITTAL OF RECORDS OF CASE ON APPEAL. – Within

forty-eight (48) hours from receipt of the answer/reply or opposition to the appeal, or upon
the lapse of the period within which to file the same, the entire records of the case shall
be transmitted by the Regional Arbitration Branch or office of origin to the Commission.
(As amended by En Banc Resolution No. 06-18, Series of 2018)
SECTION 6. ISSUANCE OF CERTIFIED COPIES. – Unless otherwise restricted

by Section 8 hereof, the Executive Clerk, Deputy Executive Clerks, and the authorized
officers of the Regional Arbitration Branches shall prepare, for any person asking for the
same, a certified copy, under the Seal of the Commission, of any paper, record, decision,
resolution, order or entry by and in his/her office, proper to be certified, after payment of
the standard fees to the Commission duly receipted for: Provided that, a pauper litigant,
as defined by law, shall be exempted from paying any fee for certified copies of any
document, including transcripts of stenographic notes.
SECTION 8. ACCESS TO COMMISSION RECORDS. – All decisions, resolutions

and orders of the Commission shall be open to the parties to the case and their counsel
or authorized representative during regular office hours. Access to pleadings and other
documents filed by parties to a case are restricted. However, reports, drafts of decisions,
22
records of deliberations or documents of the Commission involving private rights shall be
confidential. (As amended by En Banc Resolution No. 11-12, Series of 2012)
D. Who may file:
Any person asking for the same provided he paid the necessary fees, and unless
otherwise restricted by Sec 8 of the NLRC Rules which states that “reports, drafts of
decisions, records of deliberations or documents of the Commission involving private
rights shall be confidential”
E. Where to file:
To the Regional Arbitration Branch where the case was heard and decided
F. Who shall issue:
Any of the following:
a. Executive Clerk
b. Deputy Executive Clerks
c. Authorized officers of the Regional Arbitration Branches
G. How issued:
a. Payment of standard fees to the Commission duly receipted for; PROVIDED, that a
pauper litigant, as defined by law, shall be exempted from paying any fee for
certified copies of any document, including transcripts of stenographic notes.
b. Those authorized to issue shall determine if the record is proper to be certified and if
it is not restricted by Sec 8 of the NLRC Rules
c. Those authorized to issue shall prepare under the Seal of the Commission a Certified
copy of any paper, record, decision, resolution, order or entry by and in his/her office.
H. Contents:
a. The decisions, resolutions and orders of the Commission requested

b. The requesting party, who may be the parties to the case and their counsel or
authorized representative
c. That the requested records are not those filed by parties.
d. That the request does not consist of reports, drafts of decisions, records of
deliberations or documents of the Commission involving private rights which are
confidential. (As amended by En Banc Resolution No. 11-12, Series of 2012)
23
I. Format
REGIONAL ARBITRATION BRANCH
National Capital Region
Quezon City
ABRA KADABRA, Civil Case No.535-17

Petitioner,
-versus- For: ILLEGAL DISMISSAL
COVID-19 CORPORATION,
Respondent.
X x
REQUEST FOR RECORDS OF CASE ON APPEAL
Plaintiff thru the undersigned counsel, unto this Regional Arbitration Branch, most
respectfully avers that:
1. The undersigned is the counsel of record to the said case for the plaintiff.
2. The records requested are not those filed by the opposing party.
3. The requested records does not consist of reports, drafts of decisions, records of
deliberations or documents of the Commission involving private rights which are
confidential.
PRAYER
WHEREFORE, prequesting for the records of the case on appeal entitled Abra Kadabra
versus Covid-19 for reference.
Masbate City, Masbate, Philippines. February 28, 2018.
ATTY. JOSE A. ATIBAGOS II

Airport Road, Masbate City
24
Roll No. 65424/June 20, 2016
IBP No. 853916/Masbate Chapter
25
PTR No. 1972284/1/03, 2018/Masbate city
MCLE Compliance- No.VI- 0004726
Valid until April 14, 2022
cc:
Assigned Prosecutor
Masbate Capitol Bldg.
Masbate City
Office of the Solicitor General

134 Amorsolo Street, Legaspi Village
Makati City
26
V. Summons by Publication
A. Background
Summons by publication is available only in actions in rem or quasi in rem,

it is not available as a means of acquiring jurisdiction over the person of the
defendant in an action in personam. Summons by publication, however against a
resident in an action in personam is permissible in the instances where the identity
or whereabouts of the defendant are unknown and when the defendant is a
resident temporarily out of the Philippines.
The summons by publication on extraterritorial service of summons has no

application to residents of the Philippines. This applies to non-resident and is not
found in the Philippines. Summons by publication against a non-resident in an
action in personam is not a proper mode of service. The possible exception is when
the defendant is a foreign private juridical entity not registered or with no resident
agent in the Philippines.
Extraterritorial service of summons applies only where the action is in rem,

that is, an action against the thing itself instead of against the person, or in an
action quasi in rem, the rationale for this is that in rem and quasi in rem actions,
jurisdiction over the person of the defendant is not a prerequisite to confer
jurisdiction on the court provided that the court acquires jurisdiction over the res.
Where the action is in personam, that is, one brought against a person on the basis
of her personal liability, jurisdiction over the person of the defendant is necessary
for the court to validly try and decide the case. When the defendant is a non-
resident, personal service of summons within the state is essential to the
acquisition over the person in action in personam.
B. Purpose
The purpose of summons by publication is for the courts to acquire

jurisdiction over the person of the defendant, in action in rem, quasi in rem and in
personam if the defendant is a resident but identity or whereabouts of the
defendant are unknown and when the defendant is a resident temporarily out of
the Philippines. If the defendant is a non-resident and cannot be found within the
Philippines, summons by publication may be made in cases of in rem and quasi in
rem actions.
27
C. Legal Basis
A.M. No. 19-10-20-SC
Rule 14 Section 14. Service upon foreign private juridical entities. — When the
defendant is a foreign private juridical entity which has transacted or is doing
business in the Philippines, as defined by law, service may be made on its resident
agent designated in accordance with law for that purpose, or, if there be no such
agent, on the government official designated by law to that effect, or on any of its
officers, agents, directors or trustees within the Philippines.
If the foreign private juridical entity is not registered in the Philippines, or has no
resident agent but has transacted or is doing business in it, as defined by law, such
service may, with leave of court, be effected outside of the Philippines through any
of the following means:
(b) By publication once in a newspaper of general circulation in the country where the
defendant may be found and by serving a copy of the summons and the court order by
registered mail at the last known address of the defendant;
Section 16. Service upon defendant whose identity or whereabouts are unknown.
— In any action where the defendant is designated as an unknown owner, or the
like, or whenever his or her whereabouts are unknown and cannot be ascertained
by diligent inquiry, within ninety (90) calendar days from the commencement of the
action, service may, by leave of court, be effected upon him or her by publication
in a newspaper of general circulation and in such places and for such time as the
court may order. Any order granting such leave shall specify a reasonable time,
which shall not be less thansixty (60) calendar days after notice, within which the
defendant must answer.
Section 17. Extraterritorial service. — When the defendant does not reside and is
not found in the Philippines, and the action affects the personal status of the
plaintiff or relates to, or the subject of which is, property within the Philippines, in
which the defendant has or claims a lien or interest, actual or contingent, or in
which the relief demanded consists, wholly or in part, in excluding the defendant
from any interest therein, or the property of the defendant has been attached within
the Philippines, service may, by leave of court, be effected out of the Philippines
by personal service as under Section 6; or as provided for in international
conventions to which the Philippines is a party; or by publication in a newspaper
of general circulation in such places and for such time as the court may order, in
which case a copy of the summons and order of the court shall be sent by
registered mail to the last known address of the defendant, or in any other manner
the court may deem sufficient. Any order granting such leave shall specify a
reasonable time, which shall not be less than sixty (60) calendar days after notice,
within which the defendant must answer.
28
Section 18. Residents temporarily out of the Philippines. — When any action is
commenced against a defendant who ordinarily resides within the Philippines, but
who is temporarily out of it, service may, by leave of court, be also effected out of
the Philippines, as under the preceding Section.
Section 19. Leave of court. — Any application to the court under this Rule for leave
to effect service in any manner for which leave of court is necessary shall be made
by motion in writing, supported by affidavit of the plaintiff or some person on his
behalf, setting forth the grounds for the application.
Section 20. Return. — Within thirty (30) calendar days from issuance of summons
by the clerk of court and receipt thereof, the sheriff or process server, or person
authorized by the court, shall complete its service. Within five (5) calendar days from
service of summons, the server shall file with the court and serve a copy of the
return
to the plaintiff’s counsel, personally, by registered mail, or by electronic means
authorized by the Rules. Should substituted service have been effected, the return
shall state the following:
(1) The impossibility of prompt personal service within a period of thirty (30) calendar
days from issue and receipt of summons;
(2) The date and time of the three (3) attempts on at least (2) two different dates to cause
personal service and the details of the inquiries made to locate the defendant residing
thereat; and (3) The name of the person at least eighteen (18) years of age and of
sufficient discretion residing thereat, name of competent person in charge of the
defendant’s office or regular place of business, or name of the officer of the homeowners’
association or condominium corporation or its chief security officer in charge of the
community or building where the
defendant may be found.
Section 22. Proof of service by publication. — If the service has been made by
publication, service may be proved by the affidavit of the publisher, editor, business
or advertising manager, to which affidavit a copy of the publication shall be
attached and by an affidavit showing the deposit of a copy of the summons and
order for publication in the post office, postage prepaid, directed to the defendant
by registered mail to his or her last known address.
Rule 13, Section 13. Service of Judgments, Final Orders or Resolutions.

Judgments, final orders, or resolutions shall be served either personally or by
registered mail. Upon ex parte motion of any party in the case, a copy of the
judgment, final order, or resolution may be delivered by accredited courier at the
expense of such party. When a party summoned by publication has failed to
appear in the action, judgments, final orders or resolutions against him or her shall
29
be served upon him or her also by means of publication at the expense of the
prevailing party.
D. WHEN TO FILE:
1. When the defendant or respondent is designated as an unknown owner or if his

or her whereabouts are "unknown and cannot be ascertained by diligent inquiry", after
unsuccessful attempts to serve the summons personally, and after diligent inquiry as to
the defendant’s or respondent’s whereabouts.
2. When Philippine resident to be served is temporarily out of the country
E. WHERE TO FILE:
It should be filed in the court where the case is pending.
F. HOW TO FILE:
Motion for leave of Court

1. In writing
2. Supported by affidavit of the plaintiff or some person on his behalf
3. Setting forth the grounds for the application
Proof of service by publication

1. By affidavit of the printer, his foreman or principal clerk, or of the editor, business
or advertising manager, to which affidavit a copy of the publication shall be attached, AND
2. By an affidavit showing the deposit of a copy of the summons and order for
publication in the post office, postage prepaid, directed to the defendant by registered
mail to his last known address
G. CONTENTS:
1. relief sought to be obtained

2. grounds upon which it is based
3. and if required by these Rules or necessary to prove facts alleged therein, shall
be accompanied by supporting affidavits and other papers
30
H. FORMAT
Fifth Judicial Region
Branch 49
Cataingan, Masbate
FAMILY COURT
JANICE CHING-LUA, Civil Case No.535-17

Petitioner,
-versus- For: DECLARATION OF

NULLITY OF MARRIAGE
ARVIN SEE LUA,

Respondent.
X x
MOTION FOR LEAVE OF COURT

TO SERVE SUMMONS BY PUBLICATION
Petitioner thru the undersigned counsel, unto this Honorable Court, most
respectfully avers that:
1. On July 10, 2017, Petitioner through counsel filed a petition against respondent in
Civil Case No. 535-17 for Declaration of Nullity of Marriage;
2. On July 17, 2017, this Honorable Court had a summons issued to the respondent .
3. Unfortunately, in the return of the Service of Summons dated September 28, 2017
the summons was not duly served due to the fact that respondent is no longer residing
nor working in the said given address. (copy of the said return is hereby attached as
Annex “A”).
31
4. On November 20, 2017, an order to issue Alias Summons was given by this Honorable
Court to the respondent at Alfredo Lua Socor Construction, Cebu Island Labogon,
Mandaue City Cebu.
5. However until today no return was made whether the summons has been duly served
or not.
6. That considering that the whereabouts of the defendant is unknown and, plaintiff
most respectfully move with Leave of Court to serve Summons by Publication and the
cost be shouldered by the Petitioner.
PRAYER
WHEREFORE, plaintiff prays that the summons be served by publication based on

the above reasons.
Such other relief and remedies as may be deemed just and equitable under the
Masbate City, Masbate, Philippines. February 28, 2018.
ATTY. JOSE A. ATIBAGOS II

Airport Road, Masbate City
Roll No. 65424/June 20, 2016
IBP No. 853916/Masbate Chapter
PTR No. 1972284/1/03, 2018/Masbate city
MCLE Compliance- No.VI- 0004726

Valid until April 14, 2022
cc:
Assigned Prosecutor
Masbate Capitol Bldg.
Masbate City
32
Office of the Solicitor General
134 Amorsolo Street, Legaspi Village
Makati City
Registry Receipt No.
Explanation
Due to distance and lack of manpower, copy of the foregoing Motion to the Solicitor
General was served via registered mail.
Jose A. Atibagos II
VI. REQUEST FOR ISSUANCE OF SUBPOENA AD TESTIFICANDUM
A. Definition
A process directed to a person requiring him to attend and to testify at the

hearing or the trial of an action, or at any investigation conducted by
competent authority or for the taking of his deposition.
B. Purpose
The purpose of the subpoena ad testificandum is to compel a person with

knowledge of facts necessary for the proper administration of justice to testify
in court where the trial of the case is conducted.
C. Legal Basis
Rule 21 AM No. 19-10-20-SC
Section 1. Subpoena and subpoena duces tecum. — Subpoena is a process directed to a person requiring
him or her to attend and to testify at the hearing or the trial of an action, or at any investigation conducted
by competent authority, or for the taking of his or her deposition. It may also require him or her to bring
with him or her any books, documents, or other things under his or her control, in which case it is called
a subpoena duces tecum.
Section 2. By whom issued. — The subpoena may be issued by -

(a) The court before whom the witness is required to attend;
(b) The court of the place where the deposition is to be taken;
33
(c) The officer or body authorized by law to do so in connection with investigations conducted
by said officer or body; or
(d) Any Justice of the Supreme Court or the Court of Appeals in any case or investigation pending
within the Philippines. When an application for a subpoena to a prisoner is
made, the judge or officer shall examine and study carefully such application to determine whether the
same is made for a valid purpose. No prisoner sentenced to death, reclusion perpetua or life imprisonment
and who is confined in any penal institution shall be brought outside the penal institution for appearance
or attendance in any court unless authorized by the Supreme Court.
Section 3. Form and contents. — A subpoena shall state the name of the court and the title of the action
or investigation, shall be directed to the person whose attendance is required, and in the case of a
subpoena duces tecum, it shall also contain a reasonable description of the books, documents or things
demanded which must appear to the court prima facie relevant. (3)
Section 4. Quashing a subpoena. — The court may quash a subpoena duces tecum upon motion promptly
made and, in any event, at or before the time specified therein if it is unreasonable and oppressive, or the
relevancy of the books, documents or things does not appear, or if the person in whose behalf the
subpoena is issued fails to advance the reasonable cost of the production thereof. The court may quash a
subpoena ad testificandum
on the ground that the witness is not bound thereby. In either case, the subpoena may be quashed on the
ground that the witness fees and kilometrage allowed by these Rules were not tendered when the
subpoena was served.
Section 5. Subpoena for depositions. — Proof of service of a notice to take a deposition, as provided in
Sections 15 and 25 of Rule 23, shall constitute sufficient authorization for the issuance of subpoenas for the
persons named in said notice by the clerk of the court of the place in which the deposition is to be taken.
The clerk shall not, however, issue a subpoena duces tecum to any such person without an order of the
court. (5)
Section 6. Service. — Service of a subpoena shall be made in the same manner as personal or substituted
service of summons. The original shall be exhibited and a copy thereof delivered to the person on whom
it is served. The service must be made so as to allow the witness a reasonable time for preparation and
travel to the place of attendance. Costs for court attendance and the production of documents and other
materials subject of the subpoena shall be tendered or charged accordingly.
Section 7. Personal appearance in court. — A person present in court before a judicial officer may be
required to testify as if he or she were in attendance upon a subpoena issued by such court or officer.
Section 8. Compelling attendance. — In case of failure of a witness to attend, the court or judge issuing
the subpoena, upon proof of the service thereof and of the failure of the witness, may issue a warrant to
the sheriff of the province, or his or her deputy, to arrest the witness and bring him or her before the court
or officer where his or her attendance is required, and the cost of such warrant and seizure of such witness
shall be paid by the witness if the court issuing it shall determine that his or her failure to answer the
subpoena was willful and without just excuse.
Section 9. Contempt. — Failure by any person without adequate cause to obey a subpoena served upon
him or her shall be deemed a contempt of the court from which the subpoena is issued. If the subpoena
was not issued by a court, the disobedience thereto shall be punished in accordance with the applicable
law or Rule.
34
Section 10. Exceptions. — The provisions of Sections 8 and 9 of this Rule shall not apply to a witness who
resides more than one hundred (100) kilometers from his or her residence to the place where he or she is
to testify by the ordinary course of travel, or to a detention prisoner if no permission of the court in which
his or her case is pending was obtained.
D. Who may issue:
1. Court before whom the witness is required to attend

2. Court of the place where the deposition is to be taken
3. Officer or body authorized by law to do so in connection with investigations conducted by
said officer or body; or
4. Any justice of the SC or of the CA, in any case or investigation pending within the
Philippines
E. Where to file:
To the trial court where the case was heard.
F. Content:
1. Shall state the name of the court and the title of the action or investigation
2. Shall be directed to the person whose attendance is required
G. Formality:
1. The original shall be exhibited

2. A copy is delivered to the person on whom it is served
3. Fees and costs:
a. Tender to the person on whom it is served the fees for one day’s attendance and the
kilometrage allowed by the Rules
(1) EXCEPT: Tender need not be made if issued by or on behalf of the Republic or an
officer of agency thereof.
(2) Service must be made so as to allow the witness reasonable time for preparation
and travel to the place of attendance
(3) Service of subpoena is in the same manner as personal or substituted service of
summons.
35
H. Format

11th Judicial Region
Branch
Lianga, Surigao del Sur
IN THE MATTER OF PETITION FOR

ADOPTION OF THE MINOR AND CHANGE OF
NAME OF THE LATTER
SPEC. PROC. NO. XXXXX
SPOUSES XXXXXXXXXXXXXXX,
Petitioners
x ----------------------------------------------- /
REQUEST FOR THE ISSUANCE OF SUBPOENA AD

TESTIFICANDUM
THE CLERK OF COURT

Office of the Clerk of Court RTC –
Branch
City
GREETINGS:
Please issue subpoena ad testificandum to the witness hereunder named to

appear and testify during the hearing on December 12, 2018 at 1:30 PM. Said
subpoena may be sent through the email address of the witness, which is also
indicated below, or a text message may also be sent to her mobile phone number.
XXXXXXX
Social Welfare Officer
DSWD-Field Office, XXXX
36
XXXXXXX
Mobile phone number: XXXXX
Email address: xxxxxx
RESPECTFULLY SUBMITTED . 5
December 2018.
XXXX LAW OFFICE

(Counsel for the Petitioners)
Purok Sandiya, Victoria, Tago,
Surigao del Sur
Office Tel. No. XXXX
Mobile Phone: XXXXX E-
mail add: XXXXX
XXXXXXXX
Roll No. XXXX
IBP No. XXXX
Tandag City, Surigao del Sur
PTR No: XXXXX
Province of Surigao del Sur
MCLE Compliance No. XXXXX
XXXXXXXXX
Roll No. XXXXX IBP
No. XXXXXXXX
Tandag City, Surigao del Sur
PTR No. XXXXXXX
Province of Surigao del Sur
MCLE Compliance No. XXXXX
Copy furnished:
37
PROS. XXXXXXXXX
Tandag City
38

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Arellano University

COMPILATION OF LEGAL FORMS

In partial fulfillment of the requirements

LEGAL FORMS (SUN, 10:00-12:00PM)

Respectfully Submitted to:

Atty. Ma. Jesusa Eleanor Siquijor Magbanua

Avila, Gio Riley

Fernandez, Nestor Jr.

II. Judicial Affidavit of Petitioner in case of Nullity of Marriage 13

III. Petition for Writ of Habeas Corpus 21

Under Philippines Laws, pre-nuptial agreements are to be entered into prior

Moreover, in conjugal partnership of gains, properties acquired by the

In addition, if the husband or wife wants to dispose of their exclusive

Under Article 77 of the Family Code, pre-nuptial agreements shall be made

In addition, future spouses have the freedom to stipulate on how their

Moreover, pre-nuptial agreements shall be entered into voluntarily between

In a pre-nuptial agreement, it shall include but not limited to the following:

1. A heading stating that the document is a prenuptial agreement;

The filing of the pre-nuptial agreement are as follows:

1. The document shall be brought to a notary public for notarization

Since the prenuptial agreement needs to be registered in the local civil

a. Local Civil Registry

In addition, the solemnizing authority shall furnish a copy of the marriage

Since the prenuptial agreement needs to be registered in the local civil

The pre-nuptial agreement shall be effective after the celebration of

All obligations and agreements pertaining to the pre-nuptial agreement shall

This Pre-Nuptial Agreement is executed by and between:

WHEREAS, the Parties hereto are about to enter into a contract of

WHEREAS, the Parties hereby agree that their property relations as

WHEREAS, the Parties have made a complete and accurate

WHEREAS, the Parties are each desirous of formalizing their

IN VIEW OF THE FOREGOING, the parties agree as follows:

3. Obligations, liabilities and debts of each future spouse shall be

4. Each future spouse shall bare the family expenses as follows:

4.2. The payment of city services such as water supply

4.3. The payment of compensation for house helpers,

4.4 In connection with these expenses, the future spouses

5. Future donations to either spouse, if any, shall pertain exclusively

JUAN DELA CRUZ MARIA MAKILING

Signed in the presence of

NAPOLYN P. FERNANDEZ FREDERICK I. BARCELON

Republic of the Philippines)

Name Competent Evidence of Identity Date/Place of Issue

known to me and to me known to be the same persons who executed the

Doc. No. 477; ABEGAIL P. GUARDIAN

The Daily Tribune 05 November 2018

Atty. Maria Clara B. Tankeh-Asuncion: Pre-Nuptial Agreements in the Philippines

Atty. Lifrendo Gonzales: Pre-nuptial agreements in the Philippines

Domingo, Munsayac and Associates16 December 2012 Registration of Prenuptial

Family Code of the Philippines

Civil Code of the Philippines

C. Application of the Rule

As provided in Judicial Affidavit Rule, the following provisions must be applied:

D. Contents of Judicial Affidavit

(d) Questions asked of the witness and his corresponding answers,

Section 4. Sworn attestation of the lawyer. –

(1) He faithfully recorded or caused to be recorded the questions he asked

Section 2. Submission of Judicial Affidavits and Exhibits in lieu of direct

(2) The parties' documentary or object evidence, if any, which shall be

This is without prejudice to the introduction of secondary evidence in place of

F. Effect of Non- Compliance

REPUBLIC OF THE PHILIPPINES

JOHN DELA CRUZ,