Theodore TE Reviewer

PLEADINGS, PETITIONS, MOTIONS AND OTHER
JUDICIAL AND LEGAL FORMS

(Revised 2007)1
THEODORE O. TE2
Intended for Exclusive Use of the University of the Philippines College of Law Bar Examination Candidates
for 2007, the Law Interns of U.P. Office of Legal Aid (UP-OLA), and the students in the author’s classes.
Any other use, without permission of the author, is prohibited and all legal rights are reserved.
1
These forms were first published in 1998 for use in the UP Law Bar Ops for that year.
2
Assistant Professor and Director, University of the Philippines Office of Legal Aid; Ll.B., U.P. (1990); Grateful
acknowledgement is given to Feliz Marie M. Guerrero, Ll.B. U.P. (2008, expected) for invaluable assistance in re-
formatting, proofreading and updating of legal references.
TABLE OF CONTENTS
Table of Contents ii
On Writing, Legally v
I. COMMON FORMS
A. Caption and Title 1
B. Prayer 1
C. Jurat 1
D. Verification 2
E. Certification against Forum Shopping 2
F. Combined Verification and Certification against Forum Shopping 2
G. Combined Verification, Certification against Forum Shopping, and Statement
of Material Dates 3
H. Request for and Notice of Hearing 3
I. Proof of Personal Service 3
J. Proof of service by registered mail (with Explanation for failure to serve
personally) 4
K. Place, date, signature, address, Roll number, IBP receipt number, PTR
number 4
L. Acknowledgement 5
M. Notice of Appeal 5
II. PLEADINGS AND OTHER LEGAL DOCUMENTS IN CIVIL PROCEDURE

A. Complaint (and other initiatory pleadings)
1. Complaint for ejectment with damages 6
2. Complaint for sum of money 7
3. Complaint for Replevin 8
4. Complaint to set period of years for lease 9
B. Answer with affirmative defenses and counterclaims
1. Answer with compulsory counterclaim 10
2. Answer with counterclaim and cross-claim 12
C. Pre-trial Brief 13
D. Motions
1. Motion to Dismiss (with Request for and Notice of Hearing) 15
2. Motion for leave of court to file pleading (with explanation for service by
registered mail) 16
3. Motion for Judgment on the Pleadings 17
4. Ex parte motion to set for trial 18
5. Motion for postponement 19
6. Motion for extension of time 20
7. Motion to declare defendant in default 21
8. Motion to lift order in default 22
E. Special Civil Actions
1. Certiorari (with Injunction and/or TRO), Prohibition and Mandamus
a. Certiorari 23
ii
b. Prohibition 24
c. Mandamus 25
2. Quo warranto, Interpleader, Quieting of Title, and Declaratory Relief
a. Complaint in Interpleader 26
b. Action to Quiet (or Remove Cloud on) Title 27
c. Action for Declaratory Relief 28
d. Quo Warranto 29
III. PLEADINGS AND OTHER LEGAL FORMS IN CRIMINAL PROCEDURE

A. Complaint-Affidavit and Counter-Affidavit
1. Complaint-Affidavit 30
2. Counter-Affidavit 31
B. Information and Complaint
1. Information (with Certificate of Preliminary Investigation or Inquest)
a. Bigamy 33
b. Theft 34
c. Attempted Rape 35
d. Frustrated Murder 36
C. Motions
1. Motion to Quash Information 37
2. Motion to Quash Search Warrant 38
3. Motion to Suppress Evidence 39
4. Motion for Bail 40
D. Application for Bail 41
IV. PLEADINGS AND OTHER LEGAL DOCUMENTS COMMON TO CIVIL AND CRIMINAL
PROCEDURE
A. Offer of Evidence and Opposition/Comment to Offer
1. Formal Offer of Evidence 42
2. Comment/Opposition to Offer 43
B. Demurrer to the Evidence
1. Criminal cases 44
2. Civil cases 45
C. Notice of Lis Pendens 46
D. Appearance as Counsel 47
E. Withdrawal as Counsel
1. Withdrawal with conformity of client 48
2. Withdrawal without conformity of client 48
F. Substitution of Counsel 49
G. Notice of Appeal 49
V. PLEADINGS AND LEGAL DOCUMENTS ON DOMESTIC CASES AND SPECIAL

PROCEEDINGS
A. Petition for Habeas Corpus 50
B. Petition for Adoption 51
C. Petition for Declaration of Nullity of Marriage with Application for Provisional 52
iii
Orders
D. Petition for Probate of Holographic Will 54
VI. DEEDS, CONTRACTS AND OTHER CORPORATE LEGAL DOCUMENTS

A. Special Power of Attorney 55
B. General Power of Attorney 55
C. Contract of Lease 56
D. Holographic Will 57
E. Notarial Will 57
F. Attestation Clause for a Notarial Will 58
G. Acknowledgement of a Notarial Will 58
H. Donation Inter Vivos 59
I. Acknowledgment of Nominee Status with Assignment of Shares 60
J. Secretary’s Certificate 61
K. Board Resolutions
1. Authority to Act 61
2. Increase in number of directors and necessary amendment to the Articles
of Incorporation 61
L. Deed of Assignment 62
M. Deed of Sale of Registered Land (unilateral) 63
N. Deed of Sale of Unregistered Land (unilateral) 64
O. Deed of Sale with Pacto de Retro (bilateral) 65
P. Deed of Repurchase of land sold under Pacto de Retro 66
Q. Deed of Sale with Mortgage 67
R. Dacion en Pago (Deed of Assignment of Real Estate in payment of debt) 68
S. Chattel Mortgage 69
VII. APPEALS AND OTHER RESORTS TO APPELLATE COURTS IN CRIMINAL AND CIVIL
PROCEDURE
A. Ordinary Appeals
1. in civil cases 70
a. from MTC (in original jurisdiction) to RTC (in appellate jurisdiction) 70
b. from RTC (in original jurisdiction) to CA 70
2. in criminal cases
a. from MTC (as trial court) to RTC (in appellate jurisdiction) 70
b. from RTC (as trial court) to CA 70
c. from RTC (as trial court) to SC 70
B. Petitions for Review
1. from RTC (as appellate court) or from quasi-judicial agencies to CA 71
2. from RTC (on pure questions of law) or CA (in appellate jurisdiction) to SC 71
iv
ON WRITING, LEGALLY
“Therefore, its name was called Babel, because

there the Lord confused the language of all the
earth.” – Genesis, 11:9, ESV
If brevity is the soul of wit, what now is to become of lawyers (and law students) who
would nonchalantly write a 100-page document and dare call it a “Brief”?
The traditional notion of legal writing is that it is a competition to put together as many
four to five-syllable words in a one-paragraph sentence. The language of the law mystifies and
with this comes the power of the lawyer. The more obscure and obtuse the language, the greater
the need for a lawyer.
History has given us many language handicaps and obstacles to clarity and precision.
Throughout four years of law school, the law student, who eventually becomes a lawyer, is
trained to think in archaic words and phrases–legalese–which appear to have legal significance
but is actually too imprecise to help anyone understand what is going on. And to add to the
babelish situation, there are hundreds of words in a dead language–Latin–that have little
relevance to the contemporary world.
There is a sea change, however, going on in legal writing. More and more, pleaders are
asked to be clear and concise, precise not pedantic. Why waste five words when three will do?3
But change, as always, is difficult and painful. Yet, it is an essential response to today’s evolving
legal profession. Indeed, when the most common means now of communicating is text, with its
own subculture and lingo, there must be a re-examination of the archaic manner by which legal
writing presents itself.
What this short introduction to the accompanying handbook of Pleadings, Petitions,

Motions and Other Legal and Judicial Forms seeks to do is to put forth the need to write clearly
and concisely, precisely but not pedantically.
When a judge’s attention span is short and his backlog of reading is long, the need to
write concisely, clearly, precisely but not pedantically becomes absolutely clear.
Writing concisely and not pedantically, however, does not mean that the legal writer
ought to cut corners when it comes to substance as well as form; the only thing that that
guarantees is a baleful stare and a rude dismissal from the judge. Not only must the writer know
the arguments and the bases for his arguments, but she must also realize that these arguments
need to be presented in a manner that is technically sufficient.
3
My favorite, and many of my students will attest to this, is the absolutely archaic “Comes Now, the Plaintiff, by the
undersigned counsel, unto this Honorable Court, respectfully states that” as part of every pleading. Why waste 15
words, when 6 will do, thus: “Plaintiff, by counsel, respectfully states that”. The latter loses none of the legal
gravitas but loses every bit of the archaic pretense that mystifies the law and perpetuates the notion that laywers
know what they are doing each and every time.
v
It is hoped that the forms presented here, with checklists4 of legal requirements and short
annotations, will provide the impetus for demystifying legal writing and legal drafting. These
forms come from actual forms used in the author’s practice, some from worthy opponents and
still some from traditional form books, with updates to fit the current state of the Rules.
While this handbook was produced, primarily, with the bar examinees and the law intern
or law student in mind, it is hoped that it might prove helpful as well when September ends5 and
life, as a lawyer, begins in earnest.
Theodore O. Te
Room 105, Malcolm Hall
University of the Philippines
August 2007
4
Acknowledgment is given to Atty. Alex M. Enriquez, (Ll.B., UP, 1990) for the original template of the
Checklists, which have been updated to suit current practice.
5
Vide Green Day, “Wake Me Up When September Ends”, which has become an unofficial anthem for bar
examinees in the Philippines.
vi
I. COMMON FORMS
A. Caption and Title
Feliz Guerrero 8/12/07 2:11 PM
Republic of the Philippines Comment [1]: The CAPTION is that part of
National Capital Judicial Region the pleading, which sets forth:
1. the name of the court
REGIONAL TRIAL COURT 2. the title of the action
Branch 1, Manila 3. the docket number, if assigned (Sec. 1,
par. 1, Rule 7, ROC).
____________________, Feliz Guerrero 8/12/07 2:11 PM
Plaintiff, Comment [2]: The TITLE indicates the
names of the parties, who shall be named
in the original complaint or petition.
-versus- Civil Case No._______________ However, in subsequent pleadings, it shall
For _______________________ be sufficient if the name of the 1st party on
each side be stated with an appropriate
______________________, indication when there are other parties.
Their respective participation in the case
Defendant. shall be indicated (Sec. 1, par. 2 &3, Rule
x------------------x 7, ROC).
B. Prayer
PRAYER
WHEREFORE it is respectfully prayed, after notice and hearing, that the defendant be ordered to
pay the plaintiff the amount of One Million Pesos (Php.1,000,000) for actual and compensatory damages,
Fifty Thousand Pesos (Php.50,000) for moral damages, Fifty Thousand Pesos (Php.50,000) for exemplary
damages, and Fifty Thousand Pesos (Php.50,000) for attorney’s fees.
Other just and equitable reliefs are also prayed for.
C. Jurat
SUBSCRIBED AND SWORN TO before me in the City of _______________ on this day of Comment [3]: The JURAT accompanies
_________________, affiant exhibiting before me his community tax certificate no. _______________ any notarized document that is declaratory
in nature, as opposed to a notarized
issued on __________________ at _____________________. document that transmits rights or
property, which must be accompanied by
(Sgd.) N. O. TARIO an ACKNOWLEDGMENT.
Notary Public Note that if the document is subscribed
Until __________________ before a public officer duly authorized to
PTR No. _______________ take oaths, then there is no need for the
Issued at ______________ affiant to produce a CTC nor for the entry
into a Notarial Register; thus, the italicized
On ___________________ portion of the JURAT is dispensed with but
not the oath itself.
Doc. No.
Page No.
Book No.
Series of 2007.
Comment [4]: JURAT refers to an act in
which an individual, on a single occasion:
1. appears in person before a notary public
(NP) and presents an instrument or
document
2. is personally known to the NP or
identified by the NP through competent
evidence of identity as defined by these
Rules
3. signs the instrument or document in the
presence of the NP
4. takes an oath or affirmation before the
NP as to such instrument or document
(Sec. 5, 2004 Rules on Notarial Practice,
A.M. No. 02-8-13-SC effective August 1,
2004).
1
D. Verification
VERIFICATION Comment [5]: A pleading is verified by an
affidavit that the affiant has read the
pleading and that the allegations therein
Republic of the Philippines ) are true and correct of his personal
City of _______________ ) s.s. knowledge or based on authentic records
(Sec. 4, par. 2, Rule 7, ROC).
C.K. Hilfiger, after having been duly sworn in accordance with law, deposes and states that: Under Sec. 4, par.3, Rule 7, a verification
1. He is the plaintiff in the pleading/document entitled (pleading/document being verified) based on “information and belief” or upon
2. He has caused its preparation “knowledge, information and belief” is
3. He has read it and the allegations therein are true and correct of his own knowledge or considered defective and the pleading
unverified/unsigned.
based on authentic records.
(Sgd.) C.K. HILFIGER Comment [6]: 1994 and 2004 Bar Exams
PLUS: Jurat
NOTE: Pleadings required to be verified

1. All pleadings under the Rules of Summary Procedure
2. Complaints for
a. Forcible entry
b. Unlawful detainer
c. Replevin
3. Complaints with application for injunction or attachment
4. Answer to complaint or counterclaim based on actionable documents
5. Petitions for
a. Certiorari
b. Prohibition
c. Mandamus
d. Habeas Corpus
e. Change of Name
E. Certification against Forum Shopping

CERTIFICATION AGAINST FORUM SHOPPING Comment [7]: Under Rule 7, Sec. 5, the
plaintiff or principal party must certify
under oath in the complaint, initiatory
Republic of the Philippines ) pleading, or sworn certification that:
City of _______________ ) s.s. 1.he has not commenced any action or
filed any claim involving the same issues in
any court, tribunal or quasi-judicial agency
C.K. Hilfiger, after having been duly sworn in accordance with law deposes and states that: and, to the best of his knowledge, no such
1. He is the plaintiff in the case entitled (title of the case); other action or claim is pending there
2. He certifies that he has not commenced any action or filed any claim involving the same 2. if there is such other pending action or
issues before any other court, tribunal or quasi-judicial agency; claim, a complete statement of its present
status, and
3. To the best of his knowledge, there is no such pending action or claim; 3. if he should thereafter learn that the
4. If he should learn that a similar action or claim has been filed or is pending he shall report same or similar action or claim has been
such fact within five (5) days from the discovery to this Honorable Court. filed or is pending, he shall report that fact
within 5 days to the court where his
complaint or pleading was filed.
(Sgd.) C.K. HILFIGER
Failure to comply with this req’t is not
PLUS: Jurat curable by mere amendment but shall be
cause for dismissal w/o prejudice,
UNLESS otherwise provided, upon motion
and after hearing.
F. Combined Verification and Certification against Forum Shopping
Submission of a false certification or non-
compliance with its undertakings shall
VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING constitute indirect contempt of court, w/o
prejudice to corresponding admin and crim
I, C.K. Hilfiger, of legal age, do hereby state that: I am the Chief Executive Office of Alis Di-yan actions.
Company and in such capacity, caused this Complaint to be prepared; I have read its contents and affirm Feliz Guerrero 8/12/07 2:12 PM
that they are true and correct to the best of my own personal knowledge; I hereby certify that there is no Comment [8]: 2004 Bar Exams
other case commenced or pending before any court involving the same parties and the same issue and
that, should I learn of such a case, I shall notify the court within five (5) days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on _____________.

PLUS: Jurat
2
G. Combined Verification, Certification against Forum Shopping, and Statement of
Material Dates
VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
I, C.K. Hilfiger, of legal age, do hereby state that: I am the Chief Executive Office of Alis Di-yan
Company and in such capacity, caused this Complaint to be prepared; I have received a copy of the
[Order/Resolution/Decision] of the Court on 13 April 2007; I have read its contents and affirm that they
are true and correct to the best of my own personal knowledge; I hereby certify that there is no other
case commenced or pending before any court involving the same parties and the same issue and that,
should I learn of such a case, I shall notify the court within five (5) days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on _____________.

PLUS: Jurat
H. Request for and Notice of hearing

REQUEST FOR & NOTICE OF HEARING Comment [9]: NOTE: The Notice of
Hearing is actually both a REQUEST and a
NOTICE; a REQUEST for the Branch Clerk
THE BRANCH CLERK OF COURT of Court to include the motion in the
Metropolitan Trial Court calendar for hearing on a specific date and
Quezon City, Branch 39 a NOTICE to opposing counsel of the
hearing date requested. In non-litigious
motions or ex parte motions, it is sufficient
Please submit the foregoing Motion to the Court for its consideration and approval immediately that the request not contain a date, and for
upon receipt hereof and kindly include the same in the court’s calendar for hearing on Friday, 13 April that purpose, the underlined portion in the
2007 at 8:30 in the morning. Request may be omitted with the Notice to
opposing counsel simply stating that
“counsel will submit the motion to the
ATTICUS FINCH court for approval immediately upon
1 MockingBird Street receipt.”
Timog Avenue, Quezon City
Please take notice that counsel has requested to be heard on Friday, 13 April 2007 at 8:30 in the
morning.
(Sgd.) MITCH MCDEERE

Counsel for Defendant
2 The Firm
Laguna Street, Quezon City
I. Proof of personal service
Copy furnished through personal service:
Atty. Mitch McDeere

Counsel for the Defendant
2 The Firm
3
J. Proof of service by registered mail (with Explanation for failure to serve
personally)
Copy furnished through registered mail:

Atty. Mitch McDeere
2 The Firm
Registry Receipt No. ________
Post Office ________________
Date _____________________
EXPLANATION
The foregoing (designation of pleading, motion, etc.) and its attachment were served on Atty. Comment [10]: The requirement is for a
Mitch McDeere by registered mail instead of personal service as counsel for petitioner only has one written explanation if service is done by
registered mail instead of by personal
messenger and personal service would have resulted in the motion not being filed on time to the service; the explanation need not be
detriment of petitioner. verified, it being required only that it is
signed. However, in the Supreme Court,
where an Affidavit of Service is required, it
(Sgd.) ATTICUS FINCH may be practical to combine the
Explanation and the Affidavit of Service.
Republic of the Philippines ) Cf. Rule 13, sections 11 and 13.
City of _______________ ) s.s.
AFFIDAVIT
I, HARPER LEE, a messenger of Atty. Atticus Finch, with office address at __________________,
after being duly sworn, deposes and states:
That on ______________________, I served a copy of the following pleadings/papers by

registered mail in accordance with Section 10, Rule 13 of the Rules of Court:
Nature of Pleading/Paper
________________________
________________________
in Case No. _________________ entitled ____________________ by depositing a copy in the post office
in a sealed envelope, plainly addressed to (name of party or his/her attorney) at _______________ with
postage fully paid, as evidenced by Registry Receipt No. _____________________ attached and with
instructions to the post master to return the mail to sender after ten (10) days if undelivered.
TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on 13 April 2007, in the City of
Manila, Philippines.
(Sgd.) HARPER LEE

Affiant
PLUS: Jurat
K. Place, date, signature, address, Roll number, IBP receipt number, PTR number
City of Manila, 13 April 2007.
Atty. Mitch McDeere

2 The Firm, Laguna Street,
Quezon City, Metro Manila
Roll No.
IBP OR No., date and place of issue
PTR OR No., date and place of issue
Comment [11]: As per SC En Banc
Resolution on Bar Matter No. 1132 dated
Nov. 12, 2002, all pleadings must indicate
the ff:
1. Roll of Attorneys number of counsel
2. Current Professional Tax Receipt
number (PTR No.)
3. IBP Official Receipt or Life Member
number
4
L. Acknowledgment
Republic of the Philippines ) Comment [12]: 1976, 1994 and 2004 Bar
City of Manila ) s.s. Exams
BEFORE ME, this 13th day of April, 2007 in the City of Manila, Philippines, personally appeared
ATTICUS FINCH, with [Valid Identification Document] (Driver’s License No. N25-07-007777) issued by the
[official agency] (Land Transportation Office) on 10 January 2007, known to me to be the same person
who executed the foregoing instrument, and who acknowledged to me that the same is his free act and
deed.
IN WITNESS WHEREOF, I have set my hand and affixed my Notarial seal on the day, year and
place written.
(Sgd.) N. O. TARIO
Notary Public
Until __________________
PTR No. _______________
Issued at ______________
On ___________________
Doc. No.
Page No.
Book No.
Series of 2007
NOTE: If the instrument consists of 2 or more pages, include the following after the 1st paragraph:
This instrument, consisting of ___ pages, including the page on which this acknowledgment is
written, has been signed on the left margin of each and every page thereof by ___________ and his
witnesses (if any), and sealed with my Notarial seal.
Comment [13]: The Notary Public’s seal
NOTE: If the instrument conveys 2 or more parcels of land, include the following after the 1st paragraph: must be impressed on every page of the
document notarized.
This instrument relates to the sale (or mortgage) of ___ parcels of land, and consists of ___
pages including the page on which this acknowledgment is written, each and every page of which, on the
left margin, having been signed by ______________ and his witnesses (if any), and sealed with my
Notarial seal.
M. Notice of Appeal
NOTICE OF APPEAL
Defendant, ABC, by counsel, respectfully appeals to this Honorable Court the Decision of the
lower court dated 13 April 2007, a copy of which he received on 26 April 2007.
Quezon City, 2 May 2007.

2 The Firm
5
II. PLEADINGS AND OTHER LEGAL DOCUMENTS IN CIVIL PROCEDURE
A. Complaint (and other initiatory pleadings)
1. Complaint for ejectment with damages Feliz Guerrero 8/12/07 2:14 PM
Comment [14]: Checklist:
[1] Regional Trial Court 1. Caption and Title
2. Parties/Capacity of Parties
National Capital Judicial Region 3. Material Allegations of Ultimate Facts
METROPOLITAN TRIAL COURT 4. Statement of Cause(s) of Action
Quezon City, Branch 33 5. Prayer/Reliefs
6. Date/Place of Execution
7. Signature of Counsel
ALIS DI-YAN COMPANY, 8. Verification and Certification Against
Plaintiff, Forum Shopping
Civil Case No. 2222 Feliz Guerrero 8/12/07 2:14 PM
- versus - For: Ejectment Comment [15]: 1976, 1982, 1985, 1988,
1993, 1994, 1996, 1997 and 2000 Bar
YOKO NGA, Question
Defendant.
x ----------------------------------- x
COMPLAINT
PLAINTIFF, by counsel, respectfully states that:
[2] 1. Plaintiff is a foreign corporation organized and existing under the laws of France with
business address at 111 Ocean Drive, Tuna Compound, Quezon City; Defendant is a Filipino, of legal age,
single and currently resident of 112 Ocean Drive, Tuna Compound, Quezon City, where he may be served
with summons and other pertinent processes.
[3] 2. Plaintiff owns that property located at 112 Ocean Drive, Tuna Compound, Quezon City
which it leased to defendant under the terms and conditions stated in the Contract of Lease dated 1
January 2005, which contract expires on 31 December 2006. A copy of the contract is attached as ANNEX
A.
3. Upon expiration of the contract, plaintiff informed defendant of its intention not to renew the
lease as it would use the property for its business expansion; plaintiff then asked defendant to vacate the
premises. A copy of plaintiff’s letter to defendant is attached as ANNEX B.
[4] 4. Despite demand duly made and received, defendant has refused to vacate the premises
and continues to occupy the property without plaintiff’s consent. Resort to the Barangay conciliation
system proved useless as defendant refused to appear before the Lupong Tagapamayapa. A Certification
to File Action is attached as ANNEX C.
5. Defendant’s act of dispossession has caused plaintiff to suffer material injury because Comment [16]: This particular allegation
plaintiff’s business expansion plans could not be implemented despite the arrival of machineries may actually be unnecessary considering
the facts given and that the plaintiff is a
specifically leased for this purpose at the rental rate of US$500 per month. Defendant’s continued juridical person. It is included in this
occupation of the premises has also forced plaintiff to sue and to incur legal expenses amounting to Fifty complaint simply for educational purposes
Thousand Pesos (P50,000.00). as a representative allegation of this fact.
[5] WHEREFORE, plaintiff respectfully prays for judgment in its favor by ordering defendant to
vacate the property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff the
amount of US$3,500 representing rentals on the machineries for seven (7) months and Fifty Thousand
Pesos (P50,000.00) for Attorney’s fees.
[6] Quezon City; 13 April 2007.

[7] (Sgd.) ATTICUS FINCH Comment [17]: A new requirement
Counsel for Plaintiff specifically provided under Rule 7, section
2(d).
[Address]
PLUS: Comment [18]: Significant amendment
introduced by 1997 Rules on Civil
1. [8] Verification and Certification against Forum Shopping Procedure; cf. Rule 7, section 3.
2. Jurat
6
2. Complaint for sum of money
[1] Republic of the Philippines Comment [19]: 1978 Bar Question
National Capital Judicial Region Feliz Guerrero 8/12/07 3:02 PM
REGIONAL TRIAL COURT Comment [20]: Checklist:
Branch 101, Makati City 1. Caption and Title
ESTA PADORA, 2. Parties/Capacity of Parties
3. Material Allegations of Ultimate Facts
Plaintiff, 4. Statement of Cause(s) of Action
Civil Case No. 000882 5. Prayer/Reliefs
- versus - For: Sum of Money 6. Date/Place of Execution
8. Verification and Certification Against
MANGGA GANTSO, Forum Shopping
Defendant.
x -------------------------- x
COMPLAINT
[2] 1. Plaintiff is a Filipino, of legal age, and resident of 6750 Forbes Park, Makati City;
defendant is also a Filipino, of legal age and resident of 6752, Forbes Park, Makati City, where he may be
served with summons and other processes.
[3] 2. Sometime in January 2005 and over a period of six (6) months, defendant borrowed
certain amounts from plaintiff. Defendant promised to pay these amounts on an installment basis
monthly. These amounts now total Nine Hundred Thousand Pesos (P900,000.00).
[4] 3. Despite repeated demands, both oral and written, defendant failed or has refused to pay
any amount to plaintiff as no installment payment has even been made. A copy each of plaintiff’s two (2)
demand letters is attached as ANNEX A and B.
4. Resort to the Barangay Conciliation process proved fruitless as defendant failed to appear,
despite notice on him to appear. Thus, a Certification to File Action, a copy of which is attached as
ANNEX C, was issued by the Barangay Chairman.
5. Defendant’s obligation is due and demandable and plaintiff is entitled to the payment of the
entire amount of Nine Hundred Thousand Pesos (P900,000.00) plus legal interest.
6. By reason of defendant’s unreasonable failure or refusal to pay his due and demandable
obligation, plaintiff was forced to engage the services of counsel to vindicate his rights thereby
committing himself to pay legal expenses amounting to Fifty Thousand Pesos (P50,000.00).
[5] WHEREFORE, plaintiff respectfully prays for judgment in his favor through a Decision
directing defendant to pay him NINE HUNDRED THOUSAND PESOS (P900,000.00), with legal interest, as
ACTUAL DAMAGES and FIFTY THOUSAND PESOS (P50,000.00) as Attorney’s Fees.
Other just and equitable reliefs are also prayed for. Comment [21]: Please note that this
portion is indispensable to the filing of a
Complaint as it is required that every
[6] Quezon City for Makati; 13 April 2007. Complaint state in the body as well as in
the prayer the amount of damages sought.
[7] (Sgd.) ATTICUS FINCH This is jurisdictional and a complaint that
fails to comply with this requirement is
Counsel for Plaintiff fatally defective.
[Address]
PLUS: [8] Verification and Certification against Forum Shopping
7
3. Complaint for Replevin
Branch 101, Makati City 1. Caption and Title
3. Material Allegations of Ultimate Facts
HURTS RENT-A-CAR, 4. Statement of Cause(s) of Action
represented by AKIN NAYAN, 5. Prayer/Reliefs
Plaintiff, 6. Date/Place of Execution
Civil Case No. 000088 8. Verification and Certification Against
- versus - Forum Shopping
YOKO NGA,
Defendant.
x----------------------------------- x
COMPLAINT
Plaintiff, by counsel, respectfully states that:
[2] 1. Plaintiff is the general manager of Hurts Rent-A-Car with offices at Makati City; defendant
is a Tongan, temporarily residing at Bayview Hotel, Roxas Boulevard, Manila.
[3] 2. Hurts Rent-A-Car is the registered owner of a Honda CRV with license plate number XLV-
675, which defendant, on 3 March 2005, rented from plaintiff for a period of one (1) week.
[4] 3. On 15 March 2005, plaintiff demanded from defendant the return of the car but
defendant failed and refused to do so.
4. The car has not been taken for a tax assessment or a fine pursuant to law nor has it been
seized on execution or attachment. Its present value is approximately Nine Hundred Thousand Pesos
(P900,000.00).
5. Plaintiff is ready, willing and able to give bond in defendant’s name in double the value of the
property for the return of the property to defendant should that be adjudged or for the payment of such
sum that defendant may recover from plaintiff in this action.
[5] WHEREFORE, plaintiff respectfully prays that the writ of replevin issue directing the Sheriff or
any other authorized officer to take possession of the car and dispose of it in accordance with the Rules
of Court and, after hearing, judgment be rendered declaring plaintiff to be lawfully entitled to the
possession of the car and sentencing defendant to pay its value.
[6] Quezon City for Makati City; 13 April 2007.
[7] (Sgd.) MITCH MCDEERE

Counsel for the Plaintiff
[Address]
8
4. Complaint to set period of years for lease
[1] Republic of the Philippines Comment [24]: Checklist:
National Capital Judicial Region 1. Caption and Title
REGIONAL TRIAL COURT 3. Material Allegations of Ultimate Facts
Branch 161, Pasig City 4. Statement of Cause(s) of Action
NANG UUPA, 5. Prayer/Reliefs
Plaintiff, 7. Signature of Counsel
Civil Case No. 00111 8. Verification and Certification Against
- versus - Forum Shopping
NAGPA PAUPA,
Defendant.
x ---------------------- x
COMPLAINT
[2] 1. Plaintiff and Defendant are both Filipino citizens and of legal age; plaintiff resides at 1-A,
Cruz Street, Pasig City while defendant resides at 2 Frisco Street, Pasig City, where he may be served
with summons.
[3] 2. On 1 January 2003, defendant leased to plaintiff the premises at 1-A Cruz Street, Pasig
City for a monthly rental of One Thousand Pesos (P1,000.00) to be paid within the first five (5) days of
each month.
3. There is no fixed period for the lease agreement except that rentals are to be paid by the
month.
[4] 4. Plaintiff has been paying the rentals as they fall due each month, without fail. However,
on 4 April 2006, defendant gave notice to plaintiff that he is terminating the lease agreement by the end
of August 2006.
5. Considering that the period of lease has not been fixed, this Honorable Court may fix a longer
period of time as the lessee has been occupying the place for a period of three (3) years. A period of two
(2) years is reasonable considering that the lessee has no place to transfer to immediately and that he
has introduced substantial improvements to the premises amounting to Fifty Thousand Pesos
(P50,000.00).
[5] WHEREFORE, it is respectfully prayed that this Honorable Court fix a period of years for the
lease between plaintiff and defendant.
[6] Quezon City for Pasig City; 13 April 2007.
[7] (Sgd.) ATTICUS FINCH

Counsel for Plaintiff
[Address]
9
B. Answer with affirmative defense and counterclaim
1. Answer with compulsory counterclaim Feliz Guerrero 8/12/07 3:04 PM
[1] Regional Trial Court 1. Caption
2. Denials/Admission
National Capital Judicial Region 3. Statement of Affirmative Allegations
METROPOLITAN TRIAL COURT 4. Statement of Affirmative/Negative
Branch 33, Quezon City Defenses
5. Counterclaim
6. Prayer/Relief
ALIS DI-YAN COMPANY, 7. Date/Place of Execution
Plaintiff, 8. Signature of Counsel
Civil Case No. 2222 9. Verification
10. Certification against Forum Shopping
- versus - For : Ejectment 11. Proof of Service
YOKO NGA,
Comment [26]: 1976 and 1983 Bar Exams
Defendant.
x ----------------------------------- x
ANSWER
(With COUNTERCLAIM)
DEFENDANT, by counsel, respectfully states that:
Admissions/Denials
[2] 1. He admits the contents of paragraph 1 only insofar as his personal circumstances but
specifically denies the contents insofar as plaintiff’s personal circumstances for the reason stated in the
Affirmative Defenses below.
2. He admits the contents of paragraph 2 only where it states that a Contract of Lease was
entered into but specifically denies that the Contract reflects the true intent of the parties as explained in
the Affirmative Defenses below.
3. He admits the contents of paragraph 3 only as to the fact that demand to vacate was made
but specifically denies its contents as to the truth of the reasons for the letter for lack of knowledge
sufficient to form a reasonable belief as to its truth or falseness..
4. He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in the
Affirmative Defenses below.
Affirmative Defenses
[4] 5. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as
they are material and additionally submit that the Complaint should be dismissed because:
5.1. Plaintiff has no capacity to sue as it is a foreign corporation doing business

in the Philippines without a license.
5.2. The Complaint fails to state a cause of action as the Contract of Lease
(ANNEX A) was, before its expiration, superceded by a Deed of Absolute Sale whereby
plaintiff sold to defendant the parcel of land in question, a copy of which is attached as
ANNEX 1.
Counterclaim
[5] 6. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as
they are material and additionally submit that he is entitled to relief arising from the filing of this
malicious and baseless suit, as follows:
6.1. Moral Damages amounting to One Million Pesos (PHP1,000,000/00)

because his name and reputation were besmirched by this malicious and baseless suit.
6.2. Attorney’s Fees amounting to One Hundred Thousand Pesos (P100,000.00)

because he was compelled to secure services of counsel to vindicate his legal rights.
[6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by
dismissing the Complaint and granting defendant’s counterclaim by awarding defendant: (a) One Million
Pesos as Moral Damages, and (b) Fifty Thousand as Attorney’s Fees.
Other just and equitable reliefs are prayed for.
10
[7] Quezon City; 13 April 2007.

[Address]
[9 & 10] VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, YOKO NGA, of legal age, do hereby state that: I am the defendant in the case filed by Alis Di- Comment [27]: Rule 7, section 5 requires
yan Company for ejectment; in response, I have caused the preparation of this Answer with that any initiatory pleading, among
which is a counterclaim, must be
Counterclaim; I have read its contents and affirm that they are true and correct to the best of my own accompanied by a Certification against
personal knowledge; I specifically deny the genuineness and due execution as well as the Forum Shopping. Also please note that an
binding effect of the actionable documents pleaded by plaintiiff; I hereby certify that there is no Answer need not be verified BUT if there
is a specific denial of an actionable
other case commenced or pending before any court involving the same parties and the same issue and document, such as that contained here,
that, should I learn of such a case, I shall notify the court within five (5) days from my notice. then the Answer must be verified. See
again Rule 8, secs. 7 (definition of
IN WITNESS WHEREOF, I have signed this instrument on 13 April 2007. actionable document), 8 (how to contest
such documents), 10 (requirements of a
specific denial), 11 (effects of failure to
(Sgd.) YOKO NGA specifically deny).
PLUS: Comment [28]: Representative specific
1. Jurat (IF any document is denied) denial under oath, as required by the
2. [11] Proof of Service (personal service or service by registered mail) Rules, in relation to any actionable
document.
11
2. Answer with counterclaim and cross-claim
See Form No. B-1, supra, but add-- Comment [29]: Checklist:
1. Caption
2. Denials/Admission
[5] Crossclaim 3. Statement of Affirmative Allegations
4. Statement of Affirmative/Negative
7. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they Defenses
5. Cross-claim
are material and additionally submit that he is entitled to indemnity and/or contribution from co- 6. Prayer/Relief
defendant MANGGA GANTSO in the event that he is made liable to plaintiff because co-defendant 7. Date/Place of Execution
MANGGA GANTSO acted as the duly authorized agent of plaintiff in the sale of the property and, acting as 8. Signature of Counsel
such, received consideration, in the form of the purchase price, from defendant. 9. Verification
10. Certification against Forum Shopping
11. Proof of Service
[6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by
1. dismissing the Complaint, and
2. granting defendant’s counterclaim by awarding defendant
a. One Million Pesos (Php.1,000,000) as Moral Damages, and
b. Fifty Thousand Pesos (Php.50,000) as Attorney’s Fees.
3. In the event that defendant is made liable to plaintiff on the Complaint, he further prays that
co-defendant MANGGA GANTSO be made liable to indemnify defendant in the same amount
under the Crossclaim.
[7] Quezon City; __________________.

[Address]
PLUS:
1. [9 & 10] Verification and Certification against Forum Shopping
2. Jurat (IF document is denied)
3. [11] Proof of Service (personal service or service by registered mail)
12
C. Pre-trial Brief
Republic of the Philippines Comment [30]: Rule 18, section 6.
National Capital Judicial Region Checklist:
1. Proposed terms for amicable settlement
REGIONAL TRIAL COURT 2. Alternative modes of dispute resolution
Branch 90, Quezon City 3. Summary of admitted facts
LAKISA LAYAW, 4. Proposed stipulation of facts and issues
5. Documents to be presented
Plaintiff, 6. Names of witnesses and substance of
Civil Case No. 97-31312 their testimony
- versus - 7. Resort to discovery
8. Available trial dates
LAKISA HIRAP,
Defendant.
x ------------------------------------- x
PRE-TRIAL BRIEF
Comment [31]: NOTE: There is no need to
DEFENDANT, by counsel, respectfully submits her Pre-Trial Brief, as follows: attach a Notice of Hearing for a Pre-Trial
Brief. Also, pre-trial is now mandatory in
criminal cases under Rule 118, 2000
I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT Rules on Criminal Procedure as well as
AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT under RA 8493 (The Speedy Trial Act),
although neither the law nor the Rules
require the submission of a Pre-Trial Brief
1.1. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of in criminal cases (in practice, courts also
openness from plaintiff, defendant is open to the possibility of amicably settling this dispute. do not require the submission of a pre-trial
brief in criminal cases). Consequently, the
requirement of a pre-trial brief and the
[1 & 2] 1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, defendant consequences for failure to submit one
respectfully submits that the desired terms of any amicable settlement would involve, first, a clarification (e.g., non-suit or dismissal) appear to
of the actual extent of any obligation due and owing to plaintiff inasmuch as there is nothing to indicate pertain exclusively to civil cases.
defendant’s obligations to plaintiff and, second, a schedule of payments. Feliz Guerrero 8/12/07 2:16 PM
Comment [32]: This is a new requirement
II. BRIEF STATEMENT OF CLAIMS AND DEFENSES imposed by the 1997 Rules on Civil
Procedure.
2.1. Plaintiff seeks principally to recover the amount of Twenty Two Million Eight Hundred
Eighteen Thousand Nine Hundred Forty Eight Pesos and Thirty Centavos (PHP22,818,948.30) with
interest at twelve percent (12%) arising allegedly from unpaid orders delivered to defendant variously in
1989.
2.2. Defendant resists plaintiff’s claims based on a failure to state a cause of action because of :
2.2.1. Plaintiff’s lack of personality to sue and, therefore, not being the real
party in interest under Rule 3, section 2 of the 1997 Rules of Civil Procedure;
2.2.2. Extinguishment of the alleged claim made by the entity Regency

Furniture.
2.3. Defendant also interposed a compulsory counterclaim for Two Million Pesos
(PHP2,000,000.00) for moral damages and Two Million Pesos (PHP2,000,000.00) for exemplary damages
and One Hundred Thousand Pesos (PHP100,000.00) as attorney’s fees.
III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES
[3] 3.1. Defendant admits only those facts stated in her Answer, i.e., her personal
circumstances, receipt of the demand letter dated January 5, 1997 and her reply to the demand letter.
3.2. Subject to a concrete proposal for stipulation of additional facts from plaintiff during pre-
trial or even thereafter, defendant admits no other facts stated in the Complaint.
IV. ISSUES TO BE TRIED
[4] 4.1. Defendant submits that the following issues put forward by plaintiff are subject to
proof:
4.1.1. Plaintiff’s personality to seek legal relief;

4.1.2. Plaintiff’s entitlement to the amount claimed;
4.2. Defendant submits that the following issues she put forward are subject to proof:
4.2.1. Plaintiff’s bad faith in filing this suit;

13
4.2.2. Defendant’s entitlement to the claims made in her Compulsory
Counterclaim as a result of plaintiff’s bad faith;
V. EVIDENCE
[6] 5.1. Defendant intends to present the following witnesses:
5.1.1. Defendant herself, who will testify on the true circumstances leading to
the filing of this suit against her;
5.1.2. An employee of Topless Enterprises with personal knowledge as to the

true circumstances behind the alleged obligations due and owing in favor of plaintiff.
[5] 5.2. Defendant reserves the right to present any and all documentary evidence which shall
become relevant to rebut plaintiff’s claims in the course of trial as well as any other witnesses whose
testimony will become relevant to belie plaintiff’s witnesses, if necessary.
VI. RESORT TO DISCOVERY
[7] 6.1. Considering the relatively simple issues presented, defendant does not intend to avail of
discovery at this time.
6.2. Subject, however, to a concrete and reasonable request for discovery from plaintiff,
defendant reserves the right to resort to discovery before trial.
RESPECTFULLY SUBMITTED.
Quezon City; 13 April 2007.

[Address]
Copy furnished:
Atty. MA BOLA
14
D. Motions
1. Motion to dismiss (with request for and notice of hearing) Feliz Guerrero 8/12/07 3:06 PM
Comment [33]: Cf. Rule 15, 1997 Rules on
Republic of the Philippines Civil Procedure
Checklist:
National Capital Judicial Region 1. Ground(s)
METROPOLITAN TRIAL COURT 2. Argument(s)
Branch 39, Quezon City 3. Prayer/Relief
4. Notice of Hearing
5. Proof of Service
LAKI ASSET COMPANY, 6. Attachments (if any)
Plaintiff, 7. Verification (in certain cases)
Civil Case No. 3333 Feliz Guerrero 8/12/07 2:16 PM
- versus - For: Sum of Money Comment [34]: 1988 and 2002 Bar
Question
DAMI UTANG CORPORATION,
Defendant.
x --------------------------------------- x
MOTION TO DISMISS
DEFENDANT, by counsel, respectfully moves to dismiss the Complaint on the ground that the
Complaint fails to state a cause of action as [1] THE OBLIGATION SOUGHT TO BE ENFORCED BY
PLAINTIFF IS NOT YET DUE AND DEMANDABLE, as shown by the following:
[2] 1. Allegedly, plaintiff has failed to reach the quotas agreed upon under the Marketing
Agreement dated 1 January 2006; defendant now seeks to collect the sum of TWO HUNDRED
THOUSAND PESOS (P200,000.00), representing the balance of the proceeds due plaintiff under the said
Marketing Agreement.
2. The contract is for one (1) year and defendant is given that same period to reach the quota
specified therein; the period of one (1) year has not expired. Consequently, plaintiff’s claim is premature
as there is yet no breach of the Marketing Agreement until the period expires and the quota is not
attained. For this reason, plaintiff’s Complaint states no cause of action and must be dismissed.
[3] WHEREFORE, defendant respectfully prays that the Complaint be DISMISSED for failure to
state a cause of action.

[Address]
[4] REQUEST FOR & NOTICE OF HEARING

THE BRANCH CLERK OF COURT Comment [35]: Rule 15, section 5; Cf.
Metropolitan Trial Court Rule 15, section 4 (on period of service)
Branch 39, Quezon City
Please submit the foregoing Motion to the Court for its consideration and approval immediately
upon receipt hereof and kindly include the same in the court’s calendar for hearing on Friday, 27 April
2007 at 8:30 in the morning.
ATTICUS FINCH
1 MockingBird Street
Timog Avenue, Quezon City
Please take notice that counsel has requested to be heard on Friday, 27 April 2007 at 8:30 in the
morning.

2 The Firm
PLUS: [5] Proof of Service

Comment [36]: Rule 15, section 6 in
relation to Rule 13, section 13
15
2. Motion for leave of court to file pleading (with explanation for service by
registered mail)
Republic of the Philippines Comment [37]: Cf. Rule 13, section 13
SUPREME COURT Checklist:
1. Ground(s)
Manila 2. Argument(s)
LAKI UTANG, 3. Prayer/Relief
Petitioner, 4. Notice of Hearing
5. Proof of Service
G.R. No. ________ 6. Attachments (if any)
- versus - 7. Verification (in certain cases)
DAMI LUPA, Comment [38]: In motions filed before the
Respondent. Supreme Court and the Court of Appeals, a
x ------------------------- x Notice of Hearing is not required.
MOTION FOR LEAVE

OF COURT TO FILE REPLY WITH
MOTION TO ADMIT ATTACHED REPLY
PETITIONER, by counsel, respectfully states that: Comment [39]: Under Rule 15, section 9,
1997 Rules on Civil Procedure, a motion
for leave to file a pleading or motion shall
[1] 1. Petitioner received a copy of respondent’s Comment to his petition on 3 January 2006. be accompanied by the pleading or motion
The Comment contains several allegations of fact and misinterpretations of the record that may mislead sought to be admitted.
the court and need to be corrected. For this reason, petitioner intends to file a Reply.
[2] 2. Under existing rules, a Reply can no longer be filed as a matter of course. Consequently,
petitioner seeks leave of this Court to file the said Reply, a copy of which, pursuant to the 1997 Rules on
Civil Procedure, is attached to this motion.
[3] WHEREFORE, petitioner respectfully prays that he be granted leave of court to file a Reply
and for the Court to admit the attached Reply.
Quezon City for Manila; 5 January 2007.
(Sgd.) ATTICUS FINCH

Counsel for the Petitioner
[Address]
PLUS:
1. [4] Request for and Notice of Hearing
2. [5] Explanation for service by registered mail
Comment [40]: The requirement is for a
written explanation if service is done by
registered mail instead of by personal
service; the explanation need not be
verified, it being required only that it is
signed. However, in the Supreme Court,
where an Affidavit of Service is required, it
may be practical to combine the
Explanation and the Affidavit of Service.
Cf. Rule 13, sections 11 and 13.
16
3. Motion for judgment on the pleadings
Republic of the Philippines Comment [41]: 1989 Bar Question
Branch 39, Quezon City 1. Ground(s)
2. Argument(s)
3. Prayer/Relief
LAKISA LAYAW, 4. Notice of Hearing
Plaintiff, 5. Proof of Service
Civil Case No. 97-31312 6. Attachments (if any)
7. Verification (in certain cases)
- versus - For: Sum of Money
LAKISA HIRAP,
Defendant.
x ------------------------- x
MOTION FOR JUDGMENT ON THE PLEADINGS
Plaintiiff, by counsel, respectfully states that:
1. On 6 July 2005, plaintiff sued defendant for a sum of money in the amount of Nine Hundred
Thousand Pesos (P900,000.00).
[1 & 2] 2. In his Answer, defendant admitted the obligation and merely stated that he was
asking to be given an extension of time to pay his obligation but that plaintiff instead filed this Complaint.
The Answer admits the material allegations of the Complaint and has not tendered any issue;
consequently, a judgment on the pleadings may be rendered.
[3] WHEREFORE, plaintiff respectfully prays a judgment on the pleadings be rendered in his
favor.

[Address]
PLUS:
2. [5] Proof of Service Feliz Guerrero 8/12/07 2:17 PM
Comment [43]: NOTE: This is a litigious
motion, i.e., it must be set for hearing.
Thus, a specific hearing date must be
requested and notice thereof given to
adverse party through counsel.
17
4. Ex parte motion to set for pre-trial
Republic of the Philippines Comment [44]: Under Rule 18, section 1
National Capital Judicial Region of the 1997 Rules on Civil Procedure, it is
now mandatory on the part of the plaintiff
REGIONAL TRIAL COURT to move ex parte for setting of pre-trial.
Branch 39, Quezon City Note that the motion is expressly
denominated as ex parte, i.e., no need for
hearing.
LAKISA LAYAW,
Plaintiff, Feliz Guerrero 8/12/07 3:08 PM
Civil Case No. 97-31312 Comment [45]: Checklist:
1. Ground(s)
- versus - 2. Argument(s)
3. Prayer/Relief
LAKISA HIRAP, 4. Notice of Hearing
Defendant. 5. Proof of Service
6. Attachments (if any)
x ------------------------- x 7. Verification (in certain cases)
EX PARTE MOTION TO SET CASE FOR PRE-TRIAL
[1] 1. On 1 June 2006, defendant submitted her Answer to the Complaint, thereby causing the
issues to be joined.
[2] 2. This case is, thus, ripe for pre-trial. Complying with Rule 18, Section 1 of the 1997 Rules
on Civil Procedure, plaintiff respectfully asks that this case be set for pre-trial.
[3] WHEREFORE, plaintiff respectfully prays that this case be set for pre-trial on a date
convenient to this Honorable Court.

[Address]
[4] REQUEST AND NOTICE

THE BRANCH CLERK OF COURT Comment [46]: Note the difference
Regional Trial Court between this “Request and Notice” and that
contained in Form II-D1; this does not
Branch 39, Quezon City contain a date of hearing because under
Rule 15, section 4, it is a motion which the
Please submit the foregoing to the Court for its approval immediately upon receipt hereof. Court “may act upon without prejudicing
the rights of the adverse party” and
moreover because Rule 18, section 1
Copy furnished: expressly defines this to be an ex parte
motion.
MITCH MCDEERE, ESQ.
2 The Firm
Please take notice that counsel has requested for the approval of the foregoing motion
immediately upon receipt.

PLUS: [5] Proof of Service
18
5. Motion for postponement
2. Argument(s)
3. Prayer/Relief
DILA TORY, 4. Notice of Hearing
Civil Case No. 008877 6. Attachments (if any)
- versus -
PASEN SYOSO,
Defendant.
x ------------------------- x
MOTION FOR POSTPONEMENT
1. This case is set for trial on 5 May 2007 at 8:30 in the morning.
[1] 2. On said date and time, the undersigned counsel will be unable to appear before this
Honorable Court as he has also been directed to appear on this date and time before the Regional Trial
Court of Makati City, Branch 139 for “People of the Philippines v. Bil Moko”, Criminal Case No. 009988,
where he is scheduled to terminate cross-examination of the prosecution’s expert witness who will be
available only on said date and time.
[2] 3. Without impugning the importance of these proceedings, plaintiff respectfully submits
that his attendance in the Makati case becomes indispensable; otherwise, the accused in said case would
be deprived of the opportunity to confront and cross-examine a vital witness against her.
4. This motion is prompted only by the foregoing reason and not for delay.
[3] WHEREFORE, plaintiff respectfully prays that the trial scheduled on 5 May 2007 be
POSTPONED to another date convenient to this Honorable Court.

[Address]
PLUS:
Comment [49]: In some instances, this
motion is considered a non-litigious
motion; thus, the request and notice need
not specify a date of hearing and simply
state that it is being submitted for approval
“immediately upon receipt.” Although, the
better practice would be to file such a
motion early so as to be able to set it for
hearing and approval by the court.
19
6. Motion for extension of time
Republic of the Philippines Comment [50]: Checklist:
2. Argument(s)
REGIONAL TRIAL COURT 3. Prayer/Relief
Branch 39, Quezon City 4. Notice of Hearing
5. Proof of Service
DILA TORY, 7. Verification (in certain cases)
Plaintiff,
Civil Case No. 008877
- versus -
PASEN SYOSO,
Defendant.
x ------------------------------------ x
MOTION FOR EXTENSION OF TIME
1. He has been directed to file a Reply to defendant’s Answer by 10 May 2007.
[1 & 2] 2. The undersigned counsel, however, anticipates his inability to file the Reply on or
before the said due date because of the tremendous pressure of other equally urgent professional work
requiring the preparation of pleadings and almost daily trial appearances before the various courts within
and outside Metro Manila. For this reason, the undersigned is constrained to ask for an additional fifteen
(15) days from 10 May 2007, or until 25 May 2007, within which to submit plaintiff’s Reply.
3. This motion is not intended for delay but is motivated only by the foregoing reason.
[3] WHEREFORE, plaintiff respectfully prays that he be granted an additional fifteen (15) days
from 10 May 2007, or until 25 May 2007, within which to submit plaintiff’s Reply.
Quezon City; 13 April 2007. Comment [51]: It is always preferable to
not only state the number of additional
days sought, but also the new deadline, so
(Sgd.) MITCH MCDEERE that it can be used as a personal reminder
Counsel for Plaintiff of the new deadline.
[Address]
PLUS:
2. [5] Proof of Service
20
7. Motion to declare defendant in default
Republic of the Philippines Comment [52]: Checklist:
2. Argument(s)
REGIONAL TRIAL COURT 3. Prayer/Relief
Branch 39, Quezon City 4. Notice of Hearing
5. Proof of Service
ANAKIN SKYWALKER, 7. Verification (in certain cases)
Plaintiff,
- versus -
PADME AMIDALA,
Defendant.
x ---------------------------------- x
MOTION TO DECLARE DEFENDANT IN DEFAULT
1. Plaintiff filed this Complaint against defendant on 1 March 2007; summons were served on
defendant on 20 March 2007, as indicated by the Sheriff’s Return of even date, a copy of which is
attached as ANNEX A.
[1 & 2] 2. Defendant’s reglementary period to file Answer ended on 5 April 2007; no motion for
extension of such period was filed nor was any granted motu proprio by this Honorable Court. Despite
the lapse of time, defendant has failed to answer the Complaint against her; plaintiff is entitled to a
declaration of default and the right to present evidence ex parte against defendant.
[3] WHEREFORE, plaintiff respectfully prays that defendant be declared in default and that
plaintiff be allowed to present evidence ex parte before the Clerk of Court acting as Commissioner.
(Sgd.) DARTH SIDIOUS

[Address]
PLUS:
Comment [53]: NOTE: The defendant is
entitled to be notified of this motion and
the order declaring him/her in default;
thereafter, defendant loses the right to
receive any other notices except for
judgment in default.
21
8. Motion to lift order of default
2. Argument(s)
3. Prayer/Relief
ANAKIN SKYWALKER, 4. Notice of Hearing
Civil Case No. 000909 6. Attachments (if any)
- versus -
PADME AMIDALA,
Defendant.
x ---------------------------------- x
MOTION TO LIFT ORDER OF DEFAULT
DEFENDANT, by counsel, respectfully states that:
1. Five (5) days after service of summons and receipt of Complaint, she filed a Motion to Dismiss
on the ground that plaintiff’s claim is outside the jurisdictional amount of this Honorable Court under the
new Expanded Jurisdiction Act and that the Complaint should properly be filed and tried before the
Metropolitan Trial Court. The Motion to Dismiss, which was received by plaintiff’s counsel on 25 March
2007, was set for hearing on 10 April 2007, as indicated on the “Request for and Notice of Hearing”.
2. Without waiting for the hearing on the Motion to Dismiss, this Honorable Court declared
defendant in default on 7 April 2007 based solely on plaintiff’s Motion, filed two (2) days after the
supposed lapse of the reglementary period, which, however, was tolled by the filing of a Motion to
Dismiss.
[1 & 2] 3. Under the circumstances, the order of default is premature and without legal and Comment [56]: While it is not required, it
factual basis as: (a) defendant has not failed to file an Answer within the reglementary period, (b) the may, depending on the type of motion, be
advisable to give a short summary of the
reglementary period has not lapsed because of the filing of the Motion to Dismiss within the period, and material antecedents so that the
(c) the pendency of the Motion to Dismiss is prejudicial to the issue of defendant’s default. Consequently, arguments and the basis for relief is clear
the order of default should be lifted. and placed in context.
[3] WHEREFORE, defendant respectfully prays that the Order of Default against her be LIFTED
and that this Honorable Court resolve her Motion to Dismiss.
(Sgd.) OBI WAN KENOBI

[Address]
PLUS:
22
E. Special Civil Actions
1. Certiorari (with Injunction and/or TRO), Prohibition and Mandamus
a. Certiorari Feliz Guerrero 8/12/07 3:12 PM
Comment [57]: Rule 65, 1997 Rules on
(Caption and Title) Civil Procedure
Checklist:
1. 60 days from notice of judgment or final
PETITION order (cf. Rule 65, sec. 4)
2. Names of petitioner and respondent
3. Grounds relied upon
PETITIONER, by counsel, respectfully states that: 4. Prayer/Relief
5. Combined Verification, Certification
[2] 1. (State capacity of petitioner and respondent/s, citizenship, status and residence.) against Forum Shopping, and Statement of
Material Dates
6. Attachments
2. (State the date on which copy of Decision was received and/or Resolution on Motion for a. Certified true copies of the
Reconsideration, if filed, denied.) judgment/order subject of petition
b. All material portions of the record as
would support the petition*
[3] 3. (State briefly the facts and circumstances under which the respondent/s exercising
judicial functions acted without, or in excess of, jurisdiction or with grave abuse of discretion amounting
to lack or excess of jurisdiction.)
4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right, [b]
which is threatened by an act or omission of respondents, [c] and that, unless restrained, will cause
grave and irreparable injury to petitioner. Allege also that petitioner is ready to post a bond in an amount
to be fixed by the Court conditioned upon the payment to respondents of any damages suffered arising
from the writ should petitioner be found not to be entitled to the writ.)
5. There is no appeal from such decision or any plain or adequate speedy remedy in the ordinary
course of law, except this petition.
6. A certified true copy (or duplicate original copy) of the Decision under review is attached as
ANNEX A.
[4] WHEREFORE, it is respectfully prayed that a writ of certiorari be issued ANNULLING the (act,
decision or finding) for being in grave abuse of discretion; in the interim, that a preliminary injunction
and/or temporary restraining order issue to ENJOIN any further proceedings by respondents.
Quezon City; [1] 7 July 2007.

[Address]
PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates
Comment [58]: To the standard
* Rule 65, section 6, par. 2 expressly makes Rule 56, section 2 applicable to petitions for certiorari, “Verification and Certification Against
Forum Shopping”, ADD the date when the
mandamus and prohibition. Rule 56, section 2 provides that Rules 46, 48, 49, 51, 52 and 56 apply. Rule Decision or Judgment was received
46, section 3 provides that the petition must be accompanied not only by a certified true copy of pursuant to the requirements under the
the judgment or order questioned but also by “such material portions of the record as are Rules of Court. (See Form I-G)
referred to therein, and other documents, relevant or pertinent thereto.”
23
b. Prohibition
(Caption and Title) Comment [59]: 1995 Bar Question
PETITION Comment [60]: Checklist:
PETITIONER, by counsel, respectfully states that: order (cf. Rule 65, sec. 4)
2. Names of petitioner and respondent
[2] 1. (State capacity of petitioner and respondent/s, citizenship, status and residence .) 4. Prayer/Relief
against Forum Shopping, and Statement of
2. (If applicable, state the date on which copy of Decision was received and/or Resolution on Material Dates
Motion for Reconsideration, if filed, denied.) 6. Attachments
a. Certified true copies of the
[3] 3. (State briefly the facts and circumstances under which the respondent/s whether judgment/order subject of petition
b. All material portions of the record as
exercising judicial or ministerial functions acted without, or in excess of, jurisdiction or with grave abuse would support the petition*
of discretion amounting to lack or excess of jurisdiction.)
4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right, [b]
which is threatened by an act or omission of respondents, [c] and that, unless restrained, will cause
grave and irreparable injury to petitioner. Allege also that petitioner is ready to post a bond in an
amount to be fixed by the Court conditioned upon the payment to respondents of any damages suffered
arising from the writ should petitioner be found not to be entitled to the writ. )
5. There is no appeal from such decision or any plain or adequate speedy remedy in the ordinary
course of law, except this petition.
6. A certified true copy (or duplicate original copy) of the Decision under review is attached as
ANNEX A.
[4] WHEREFORE, it is respectfully prayed that an injunction or TRO be issued directing

respondent/s to desist and refrain from further proceedings in the premises, and that after due notice
and hearing, a writ of prohibition issue directing respondent/s to desist absolute and perpetually from
further proceedings (in the said action or matter).

[Address]
Comment [61]: To the standard
“Verification and Certification Against
Forum Shopping”, ADD the date when the
Decision or Judgment was received
pursuant to the requirements under the
Rules of Court. (See Form I-G)
24
c. Mandamus
(Caption and title) Comment [62]: Checklist:
order (cf. Rule 65, sec. 4)
PETITION 2. Names of petitioner and respondent
PETITIONER, by counsel, respectfully states that: 4. Prayer/Relief
against Forum Shopping, and Statement of
[2] 1. (State the capacity of petitioner and respondent/s and their addresses.) Material Dates
6. Attachments
[3] 2. (State the facts and circumstances whereby respondent/s unlawfully neglected the a. Certified true copies of the
judgment/order subject of petition
performance of an act which the law specifically enjoins as a duty resulting from an office, trust or b. All material portions of the record as
station, or unlawfully excluded the petitioner from the enjoyment of a right or office to which the would support the petition*
petitioner is entitled.)
3. Petitioner has no appeal from such decision or any plain or adequate speedy remedy in the
ordinary course of law, except this petition.
[4] WHEREFORE, it is respectfully prayed that, after due notice and hearing, a writ of mandamus
issue commanding respondent/s forthwith to: (state the act required to be done), with costs against
them.

[Address]
25
2. Quo warranto, Interpleader, Quieting of Title, and Declaratory Relief
a. Complaint in Interpleader
NALI LITO, Comment [63]: Rule 62
Plaintiff, Checklist:
1. Parties - Petitioner, who must claim no
SCA No. ____________ interest or has an interest not disputed by
- versus - claimants; and claimants over the same
subject matter
2. Material Allegations of Ultimate Facts -
UMA AGAW and INA AGAWAN, facts showing conflicting claims made on
Defendants. the same subject matter over which
x --------------------------------------- x petitioner claims no interest or an interest
that is not disputed by claimants
3. Prayer/Relief
COMPLAINT 4. Date/Place of Execution
PLAINTIFF, by counsel, respectfully states that: 6. Verification and Certification against
Forum Shopping
[1] 1. Plaintiff and defendants are all of legal age; plaintiff resides at ________________ while Feliz Guerrero 8/12/07 2:17 PM
defendants reside at _______________ and _______________, respectively, where they may be served Comment [64]: 1995 Bar Question
with pertinent notices.
[2] 2. On 1 June 2007, plaintiff found a Gold Rolex Oyster watch, without knowing who its true
owner is. The watch is now in plaintiff’s possession. On or about 5 June 1999, defendants made similar
representations to plaintiff as to ownership of the watch.
3. Plaintiff, who claims no interest in the watch, cannot determine the conflicting claims of
defendants and thus seeks to compel defendants to interplead and litigate their several claims between
themselves.
[3] WHEREFORE, it is respectfully prayed that this Honorable Court issue an order directing
defendants to interplead with one another to determine their respective rights and claims and to allow
plaintiff to recover his expenses for safekeeping and the costs of this suit, as first lien upon the subject
matter of this action.
[4] Quezon City; 7 July 2007. Comment [65]: It is important to allege
this because otherwise plaintiff would be
required to pay the docket fees involved in
[5] (Sgd.) ATTICUS FINCH filing the Complaint in Interpleader which
Counsel for Plaintiff would be determined by the value of the
[Address] property. In this way, plaintiff will not be
unduly prejudiced by the costs of the suit.
26
b. Action to Quiet (or Remove Cloud on) Title
IN RE: QUIETING OF TITLE OVER THE Comment [66]: Rule 63, sec. 1, par. 2
PROPERTY COVERED BY TCT NO. 12345 Checklist:
1. Parties - Any person interested under a
SCA No. 1357 deed, will, contract or other writing, before
NALI LITO, as Special Administrator of the breach thereof, and who stands to suffer
Estate of the deceased DAMI LUPA, injury by operation of the said deed, will,
contract or other writing
Petitioner,
facts showing interest under a deed, will,
UMA AGAW, contract or other written instrument and
Respondent. injury arising from operation of said deed,
will, contract or other writing and facts
x ------------------------------------------------ x showing that no violation or breach has
occurred; may also show facts showing
PETITION need to reform instrument, quiet title
(arising from conflicting claims or cloud
thereon) or to consolidate ownership (as
PETITIONER, by counsel, respectfully states that: when property under pacto de retro not
redeemed)
[1] 1. He is the special administrator of the estate of the deceased DAMI LUPA. 3. Prayer/Relief
[2] 2. The deceased, during his lifetime, executed a Deed of Sale of real estate in favor of the 6. Verification and Certification against
respondent dated _____________, and particularly described, as follows: Forum Shopping
(Describe property)
covered by TCT No. 12345 in the Register of Deeds of Makati. The same is annotated on the title as the
only encumbrance thereon.
3. The sale is fictitious and the Deed of Sale is forged, as shown by a judgment in Civil Case No.
2468, a copy of which is attached.
4. The existence of the alleged Deed of Sale is prejudicial and injurious to the title of the lawful
heirs of the deceased upon the said property. Equity demands that the said Deed of Sale be surrendered
and cancelled, as it is a cloud upon the title of the deceased and his lawful heirs.
[3] WHEREFORE, petitioner respectfully prays that this Honorable Court render judgment in the
Estate’s favor by ordering the Deed of Sale surrendered and cancelled and the cloud on Title No. 12345
removed.
[4] Quezon City; 7 July 2007.

Counsel for Petitioner
[Address]
27
c. Action for Declaratory Relief
INA API, Comment [67]: Rule 63, sec. 1, par. 1
Plaintiff, Checklist:
1. Parties - Any person interested under a
deed, will, contract or other writing, before
- versus - Civil Case No. 2468 breach thereof, and who stands to suffer
injury by operation of the said deed, will,
contract or other writing
THE CITY COUNCIL 2. Material Allegations of Ultimate Facts -
OF QUEZON CITY, facts showing interest under a deed, will,
Defendant. contract or other written instrument and
x --------------------------- x injury arising from operation of said deed,
will, contract or other writing and facts
showing that no violation or breach has
COMPLAINT occurred; may also show facts showing
need to reform instrument, quiet title
(arising from conflicting claims or cloud
PLAINTIFF, by counsel, respectfully states that: thereon) or to consolidate ownership (as
when property under pacto de retro not
[1] 1. Plaintiff is a Filipino citizen of legal age and resident of Quezon City; defendant is the City redeemed)
Council of Quezon City, the duly-constituted legislative body for Quezon City, its members may be served 3. Prayer/Relief
with notices at Quezon City Hall. 5. Signature of Counsel
6. Verification and Certification against
[2] 2. On 1 August 1999, defendant City Council passed Ordinance No. 2345 making it unlawful Forum Shopping
to operate cellular phone units while inside a moving vehicle and penalizing any violations with a fine of
P1,000.00 for each offense in addition to impounding of the cellular phone unit. The relevant portions of
the Ordinance are, as follows:
(Quote the relevant portions)
3. The above-quoted portion is ambiguous because it leaves unfettered discretion to the

authorities to stop even urgent and important calls which may be made only while the person is in
transit. It fails to consider that, due to the worsening traffic conditions in Metro Manila, majority of
business is conducted in transit and over cellular phones. Plaintiff is a lawyer who frequently has to
dictate important pleadings over the phone while in transit due to the worsening traffic condition. The
Ordinance appears to bar his doing so but plaintiff is unaware of the limits of permissible action under the
Ordinance.
4. Unless declaratory relief is granted, plaintiff will suffer grave and irreparable injury because he
is unsure of the instances when he may lawfully use his cellular phone while in a moving vehicle and
when such use may lead to confiscation and a fine.
[3] WHEREFORE, plaintiff respectfully prays that this Honorable Court grant declaratory relief
and declare plaintiff’s rights and duties under the Ordinance.

[Address]
28
d. Quo Warranto
(Caption and title) Comment [68]: Rule 66
Checklist
1. Parties -
COMPLAINT a. Solicitor General, when directed by
President or motu propio;
PLAINTIFF, by counsel, respectfully states that: b. Person claiming to be entitled to
public office or position usurped or
unlawfully held or exercised by another
[1] 1. (State the capacity and address of both plaintiff and defendant.) against the alleged usurping public officer;
[2] 2. (State fully and clearly the facts and circumstances showing that defendant is unlawfully facts showing usurpation of office and
facts showing entitlement of petitioner to
occupying a public office and that plaintiff is entitled to hold the same office.) the office
3. Prayer/Relief
3. (State that plaintiff has demanded that defendant vacate said office and deliver it to plaintiff 4. Date/Place of Execution
but that defendant has unlawfully refused to do so.) 6. Verification and Certification against
Forum Shopping
[3] WHEREFORE, plaintiff respectfully prays that a writ of quo warranto issue ousting and
excluding defendant from occupying the office of ____________ and declare that plaintiff is entitled to
the said office and that he be placed forthwith in possession thereof.

[Address]
29
III. PLEADINGS AND OTHER LEGAL FORMS IN CRIMINAL PROCEDURE
A. Complaint-Affidavit and Counter-Affidavit
1. Complaint-Affidavit Feliz Guerrero 8/12/07 2:18 PM
Republic of the Philippines ) 1. Identity of affiant and other personal
circumstances
City of Makati ) s.s. 2. Statement of venue
3. Factual allegations to show violation or
COMPLAINT-AFFIDAVIT defense
4. Signature of affiant
5. Verification
[1] I, MA SELAN, of legal age, Filipino, with assistance of counsel, and [2] resident of 4 Privet 6. Certification as to Personal Examination
Drive, Triple X Village, Makati, do hereby state under oath that: of Affiant
7. Supporting Documents/Affidavits
1. I am a member of the Triple X Village Homeowner’s Association (“Association”) and was Feliz Guerrero 8/13/07 10:22 AM
formerly a Director and Corporate Secretary of the Association. Comment [70]: Because an affidavit must
be based on personal knowledge of the
affiant, many times, legal answers cannot
[3] 2. I accuse and hereby charge MR. MA INGAY, residing at 5 Privet Drive, Triple X Village, be included for fear that affiant does NOT
Makati, of violating Article 358 of the Revised Penal Code (Slander and Oral Defamation), committed have personal knowledge. Stating that
against me when he publicly, maliciously and deliberately uttered defamatory remarks against me during affiant was assisted by counsel may
remove that problem as all that affiant has
the Board Meeting of the Association on 27 January 2007. This is attested to by the following exchange to do is say “I was advised by counsel
that transpired between Mr. Ingay and the other members of the Board in attendance: that…”
(Quote Exchange)
Attached as ANNEX A is a copy of the official transcript of the meeting.
3. Prior resort to the Barangay conciliation system proved fruitless as Mr. Ingay did not retract
his remarks. Consequently, a “Certification to File Action” was issued by the Barangay Chairperson, a
copy of which is attached as ANNEX B.
4. There is no other person named “Ma Selan” residing at Triple X Village nor is there any other
person named “Ma Selan” who has acted as Board Member of the Association. Consequently, Mr. Ingay’s
public and defamatory utterance was clearly a reference to me and to no other.
5. Mr. Ma Ingay’s remarks, calling me a swindler twice over, uttered in a public meeting are
clearly insulting and defamatory as they malign me and attribute to me a criminal act, nature and
predisposition. There is, moreover, no doubt that Mr. Ingay’s use of the word “swindled” was deliberate
as his explanation and clarification a few utterances thereafter would show. Mr. Ingay’s remarks are also
very serious as they cast aspersions on my reputation, character and very person before my peers and
fellow homeowners.
6. Mr. Ingay’s remarks have injured my name, reputation and character before my neighbors
and peers. While my name, reputation and character are incapable of pecuniary estimation as these are
the result of a lifetime’s effort to build a name, reputation and character that my children and their
children can be proud to bear, Mr. Ingay cannot be allowed to simply go scot-free without bearing the
consequences of his acts. For this reason, I am also holding Mr. Ma Ingay liable civilly for
defaming me in the amount of One Million Pesos (P1,000,000.00) in nominal damages, Five
Hundred Thousand Pesos (P500,000.00) in moral damages and Five Hundred Thousand
Pesos (P500,000.00) in exemplary damages.
TO THE TRUTH OF THE FOREGOING, I have signed this Complaint-Affidavit on 13 April 2007.
[4] (Sgd.) MA SELAN

Complainant-Affiant
[5] SUBSCRIBED AND SWORN TO BEFORE ME this 13th day of April 2007.
(Sgd.) Investigating Prosecutor
[6] CERTIFICATION
I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIED Comment [71]: Rule 112, sec. 3(a), 2000
THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT. Rules on Criminal Procedure. Note that
this may be done before a prosecutor, or
any government official authorized to
(Sgd.) Investigating Prosecutor administer an oath, or in their absence or
unavailability, a Notary Public.
30
2. Counter-Affidavit
Republic of the Philippines ) Comment [72]: Checklist:
City of Makati ) s.s. 1. Identity of affiant and other personal
circumstances
2. Statement of venue
COUNTER-AFFIDAVIT 3. Factual allegations to show violation or
Re: I.S. No. 1613 defense
4. Signature of affiant
5. Verification
[1] I, MA LABO, of legal age, with assistance of counsel, do hereby state under oath that: 6. Certification as to Personal Examination
of Affiant
1. I am the Chief of Staff of the Mayor of Quezon City, and have been occupying said post since 7. Supporting Documents/Affidavits
his election to the post in 1998. In said capacity, I am in charge of coordinating the day-to-day affairs Feliz Guerrero 8/13/07 10:22 AM
and activities of his Office. Comment [73]: Because an affidavit must
be based on personal knowledge of the
affiant, many times, legal answers cannot
[2] 2. I recently learned that I have been made a respondent in I.S. No. 1613, a charge for be included for fear that affiant does NOT
estafa, filed by a certain MA GULANG on 19 January 2007 before the Office of the City Prosecutor for have personal knowledge. Stating that
Quezon City. affiant was assisted by counsel may
remove that problem as all that affiant has
to do is say “I was advised by counsel
3. The charge is based on a supposedly unpaid account for the purchase of seven (7) Nextel that…”
phone units by a Mr. MANGGA GANTSO of the Quezon City Rescue and Environmental Distress Unit,
which made the Mayor their Honorary Chairman with no direct functions; he has been supporting their
activities financially with voluntary contributions.
[3] 4. There is no truth to the allegations in MA GULANG’s complaint. There is no factual nor
legal basis to charge me with estafa. The Complaint must be dismissed. To rebut and contradict MA
GULANG’s malicious lies, I set forth the true circumstances leading to the transaction below:
4.1. Sometime last year, Ms. Gulang called the office of the Mayor, looking for
him; I informed her that he was not around. I took a message from her saying that she
was a friend of the Mayor and that she was selling Nextel units and if we wanted to buy
units from her. I informed her that both the Mayor and I had our units already; she then
told me if the Mayor could refer her to prospective clients. When the Mayor arrived, I
relayed the message to him.
4.2. Quite coincidentally, Mr. Gantso had called the Mayor asking if he could
assist in securing Nextel units. The Mayor asked me to call Ms. Gulang. Mr. Gantso and
Ms. Gulang were able to meet, as a result.
4.3. On that day, Ms. Gulang brought the units to the Mayor’s Office; she met
with Mr. Gantso inside the Mayor’s office. They transacted business inside the Mayor’s
Office and only passed by my office on their way out.
4.4. Some time after that, Ms. Gulang phoned me and told me that Mr. Gantso
had not paid her the amount of P11,000.00 for the units. Somewhat embarrassed by
this, I called Mr. Gantso and told him to pay Ms. Gulang; he assured me that he would
pay her but that he just needed to collect money from the rest of the group.
4.5. After persistent calls from Ms. Gulang telling me that Mr. Gantso had not
yet paid, I gave her the telephone number of Gantso so that she could just call him
directly. But even then, I would still get calls from Ms. Gulang; and when she started to
get angry over the telephone, I set up an appointment for Mr. Gantso to meet with her
at the Office.
4.6. Thereafter, I would still receive phone calls telling me that Mr. Gantso had
yet to pay; I would follow up with Mr. Gantso but he simply gave me this promise that he
would pay.
5. It is utterly inexplicable that Ms. Gulang would hold me liable for estafa when all that I did
was to refer Ms. Gulang to Mr. Gantso; to a certain extent, I even exerted my best efforts to see that Ms.
Gulang was paid due simply to my great embarrassment at the prospect of being accused of referring a
person who does not know how to pay for an obligation.
6. For this reason, it is certainly incomprehensible that I should stand accused of estafa by Ms.
Gulang. I performed no act of deceit or fraud against her in ordering the units. I performed
NO ACT that even remotely resembles ANY of the acts punished under Article 315. If at all,
any cause of action is PURELY CIVIL in nature and that liability does not pertain to my personal account
in the absence of a showing that I benefited from the Nextel units (which Ms. Gulang does not even
allege and cannot prove); any civil liability should pertain to the Office of the Mayor, not to me.
31
7. Considering the foregoing, I respectfully submit that there is no prima facie basis to conclude
that the crime of Estafa or that any crime at all has been committed. The Complaint against me should,
thus, be dismissed.
TO THE TRUTH OF THE FOREGOING, I have signed this Statement on 3 February 2007.
[4] (Sgd.) MA LABO

Affiant
PLUS:
1. [5] Verification
2. [6] Certification
32
B. Information and Complaint
1. Information (with Certificate of Preliminary Investigation or Inquest) Feliz Guerrero 8/12/07 2:18 PM
a. Bigamy Comment [74]: Rule 110, section 6-13,
2000 Rules on Criminal Procedure
Checklist:
(Caption) 1. Parties
a. Name of offended party
PEOPLE OF THE PHILIPPINES, b. Name of accused
Plaintiff, 2. Designation of offense by statute
3. Acts or omissions complained of as
Criminal Case No. 00567 constituting the offense including a
- versus - For: Bigamy statement of the qualifying or aggravating
circumstances
4. Approximate time of the commission of
PI KUTIN,
the offense
Accused. 5. Place of commission
x ---------------------------------------- x 6. Signature of Prosecutor (for Information)
7. Signature of Offended Party, Peace
INFORMATION officer or Public officer charged with
enforcement of the law (for Complaint)
8. NOTE: if Information is filed after
The Undersigned accuses PI KUTIN of the crime of Bigamy, committed as follows: inquest (and not preliminary investigation),
ADD:
a. Place where accused is actually
That on or about 3 July 2006, in the City of Quezon and within the jurisdiction of detained
this Honorable Court, the said accused, being then legally married to BIL MOKO, and b. Full name and address of evidence
without such marriage having been legally dissolved and thus valid and existing, did custodian
wilfully, unlawfully and felicitously contract a second marriage with ASA WA in the City of c. Detailed description of recovered
items, if any
Quezon. 9. Verification
10. Certification of Preliminary
CONTRARY TO LAW. Investigation or Inquest
Comment [75]: 1989 Bar Question
ELLIOT NESS Feliz Guerrero 8/12/07 2:44 PM
Assistant City Prosecutor Comment [76]: NOTE: The allegation of
any aggravating circumstances should be
made here.
CERTIFICATE OF PRELIMINARY INVESTIGATION
I hereby certify that a preliminary investigation in this case was conducted by me in accordance Comment [77]: See Rule 112, section 4,
with law; that I examined the Complainant and her witnesses; that there is reasonable ground to believe 2000 Rules on Criminal Procedure. This
Certification is appended to an Information
that the offense charged had been committed and that the accused is probably guilty thereof; that the filed after a full blown preliminary
accused was informed of the Complaint and of the evidence submitted against him and was given the investigation is conducted; if the accused
opportunity to submit controverting evidence; and that the filing of this Information is with the prior was arrested without a warrant and
refused/failed to execute a written waiver
authority and approval of the City Prosecutor. of the provisions of Article 125, Revised
Penal Code, the ACP should have
ELLIOT NESS conducted an INQUEST and not a
Assistant City Prosecutor preliminary investigation. Any Information
filed would thus have a different
Certification, i.e., a Certification on
Conduct of Inquest.
SUBSCRIBED AND SWORN TO BEFORE ME this 9th day of August 2006 in Quezon City.
AL CAPONE
City Prosecutor
Bail Recommended: P10,000.00 Feliz Guerrero 8/12/07 2:18 PM
Comment [78]: See Rule 110, sections 3,
4, 2000 Rules on Criminal Procedure.
Please note that the oath is administered
by a public officer authorized to administer
an oath; thus, the JURAT does not contain
any reference to the CTC details. Contrast
this with the Jurat in Form I-C, which
applies when a Notary Public administers
the oath.
33
b. Theft
(Caption) Comment [79]: Checklist:
1. Parties
Criminal Case No. 00567 3. Acts or omissions complained of as
constituting the offense including a
- versus - For: Theft statement of the qualifying or aggravating
circumstances
KLEPTO MANIAC, 4. Approximate time of the commission of
Accused. the offense
5. Place of commission
x --------------------------------------------- x 6. Signature of Prosecutor (for Information)
INFORMATION 7. Signature of Offended Party, Peace
officer or Public officer charged with
The Undersigned accuses KLEPTO MANIAC of the crime of Theft, committed as follows: 8. NOTE: if Information is filed after
inquest (and not preliminary investigation),
That on or about 3 July 2006, in the City of Quezon and within ADD:
the jurisdiction of this Honorable Court, the said accused, then 11 years a. Place where accused is actually
detained
old and without any known address, willfully, unlawfully and feloniously, b. Full name and address of evidence
with intent to gain, without force upon things or violence upon persons custodian
and without the knowledge and consent of MA ALAHAS, the owner, took c. Detailed description of recovered
items, if any
a gold necklace studded with diamonds valued at One Hundred 9. Verification
Thousand Pesos (P100,000.00) to the prejudice of said owner. 10. Certification of Preliminary
Investigation or Inquest
CONTRARY TO LAW. Feliz Guerrero 8/12/07 2:18 PM
Comment [80]: 1988 Bar Question
ELLIOT NESS
Assistant City Prosecutor
CERTIFICATION AS TO CONDUCT OF INQUEST

I hereby certify that the accused was lawfully arrested without a warrant and that, upon being Comment [81]: See DOJ Circular No. 61
informed of his rights, refused to waive the provisions of Article 125 of the Revised Penal Code and, for (September 21, 1993; “New Rules on
Inquest”), section 14. As noted above, this
this reason, an Inquest was conducted; that based on the complaint and the evidence presented before Certification accompanies an Information
me without any countervailing evidence submitted by the accused, despite opportunity to do so, there is filed after an inquest and not a preliminary
reasonable ground to believe that the accused has committed the crime of theft and should, thus, be investigation is conducted. An inquest is
conducted only if the respondent was
held for said crime; that this Information was with the prior authority of the City Prosecutor. arrested without a warrant and does not
waive the provisions of Article 125 of the
ELLIOT NESS RPC and does not wish to avail of a full-
Assistant City Prosecutor blown preliminary investigation.
SUBSCRIBED AND SWORN TO BEFORE ME this 9th of August 2006 in Quezon City.
AL CAPONE
City Prosecutor
34
c. Attempted Rape
(Caption) Comment [82]: 1982 Bar Question
PEOPLE OF THE PHILIPPINES, Comment [83]: Checklist:
Plaintiff, 1. Parties
Criminal Case No. 00567 a. Name of offended party
b. Name of accused
- versus - For: Attempted Rape 2. Designation of offense by statute
3. Acts or omissions complained of as
MAEL SIA, constituting the offense including a
statement of the qualifying or aggravating
Accused. circumstances
x --------------------------------------------- x 4. Approximate time of the commission of
the offense
INFORMATION 5. Place of commission
6. Signature of Prosecutor (for Information)
The undersigned accuses MAEL SIA of attempted rape committed as follows: officer or Public officer charged with
That on or about 6 June 2005, in Quezon City, the accused did then and there inquest (and not preliminary investigation),
wilfully, unlawfully and feloniously enter the house of SEK SEE, a married woman, and ADD:
finding that her husband was away, with lewd designs and by means of force and a. Place where accused is actually
intimidation, commenced directly by overt acts to commit the crime of attempted rape detained
b. Full name and address of evidence
upon her person, to wit: while SEK SEE was cooking lunch, the accused seized her from custodian
behind, threw her to the floor, raised her skirt, pulled down her underwear and c. Detailed description of recovered
attempted to penetrate her with his sexual organ and would have succeeded in doing so items, if any
9. Verification
had not her loud protests and vigorous resistance brought her neighbors to her 10. Certification of Preliminary
assistance, causing the accused to flee from the premises without completing all the acts Investigation or Inquest
of execution.
CONTRARY TO LAW with the aggravating circumstance of dwelling.
ELLIOT NESS
PLUS: Certification of Preliminary Investigation or Inquest
35
d. Frustrated Murder
(Caption) Comment [84]: Checklist:
1. Parties
Criminal Case No. 00567 3. Acts or omissions complained of as
constituting the offense including a
- versus - For: Frustrated Murder statement of the qualifying or aggravating
circumstances
MAMA MATAY, 4. Approximate time of the commission of
Accused. the offense
5. Place of commission
x --------------------------------------------- x 6. Signature of Prosecutor (for Information)
INFORMATION officer or Public officer charged with
The undersigned accuses MAMA MATAY of frustrated murder committed as follows: inquest (and not preliminary investigation),
ADD:
That on or about 21 August 2006, in Quezon City, the accused did then and a. Place where accused is actually
detained
there take a loaded .44 Caliber Magnum pistol, directly aim the same firearm at the b. Full name and address of evidence
person of VIC TIMA, an invalid septuagenarian, and, at point blank range, with intent to custodian
kill, discharge the firearm twice against the person of said Vic Tima, inflicting on said Vic c. Detailed description of recovered
items, if any
Tima two (2) wounds on his chest and stomach, which wounds would have been fatal 9. Verification
had not timely medical assistance been rendered to the said Vic Tima. 10. Certification of Preliminary
Investigation or Inquest
CONTRARY TO LAW with the aggravating circumstances of Evident
Premeditation, use of firearm and disregard of age.
(Sgd.) ELLIOT NESS

PLUS: Certification of Preliminary Investigation or Inquest
36
C. Motions
1. Motion to Quash Information
National Capital Judicial Region Checklist:
1. Caption and Title
REGIONAL TRIAL COURT 2. Parties
Branch 90, Quezon City 3. Distinct specification of factual and legal
PEOPLE OF THE PHILIPPINES, grounds for quashal
4. Relief
Plaintiff, 5. Date/Place
Criminal Case No. 00567 6. Signature of counsel
- versus - For: Theft 7. Notice of Hearing
8. Affidavit of service
KLEPTO MANIAC, Feliz Guerrero 8/12/07 2:18 PM
Accused. Comment [86]: 1976, 1986, 1988 and
x ------------------------------------------ x 1990 Bar Question
MOTION TO QUASH
[2] THE ACCUSED, by counsel, respectfully moves to quash the Information for the crime of
theft on the following:
[3] GROUNDS
1. IT CONTAINS AVERMENTS WHICH, IF TRUE, WOULD CONSTITUTE A LEGAL

JUSTIFICATION;
2. THIS COURT IS WITHOUT JURISDICTION.
In support, the accused respectfully states that:
ARGUMENT
The Information alleges that the accused KLEPTO MANIAC is eleven (11) years old and without
any known address. Under Article 12, paragraph 3 of the Revised Penal Code, a person over nine years of
age and under fifteen, unless he acted with discernment, is exempt from criminal liability.
There is no allegation that the accused acted with discernment. Even granting said discernment,
the accused cannot be tried but instead proceeded against under Article 80 of the Revised Penal Code,
which provides that a minor, unless sixteen years of age at the time of the commission of a grave or less
grave felony, cannot be tried but instead shall have the benefit of a suspension of all proceedings against
him. The duty of the court would be to commit the minor to the custody or care of a public or private
benevolent or charitable institution for the care and education of homeless and delinquent children or to
the custody of the Department of Social Work and Development.
[4] WHEREFORE, it is respectfully prayed that the Information against the accused be QUASHED
and that the accused be released immediately from detention.

Counsel for the Accused
[Address]
PLUS:
37
2. Motion to Quash Search Warrant
[1] (Caption) Comment [87]: Rule 126, sec. 14, 2000
PEOPLE OF THE PHILIPPINES, Rules on Criminal Procedure; this is a new
pleading expressly recognized for the first
Plaintiff, time in the Rules, although it has been
used widely in practice and even
- versus - Criminal Case No. 00022 acknowledged by the Supreme Court in
case law. Please take note that this may
For: Libel be filed in and acted upon only by the
VIG CHAN, court where the action is filed but if no
Accused. action has yet been filed, it may be filed
x ---------------------------------------------- x with the court that issued the search
warrant. If no resolution has yet been
made by the Search Warrant Court by the
MOTION TO QUASH SEARCH WARRANT time an Information is filed, then the trial
court shall resolve the Motion to Quash.
The ACCUSED, by counsel, respectfully moves for the quashal of Search Warrant No. 1122 issued Feliz Guerrero 8/12/07 2:18 PM
by this Honorable Court on and dated 12 July 2006 based on the following considerations: Comment [88]: Checklist:
2. Distinct Specification of Factual and
[2] 1. Rule 126, Sec. 10 or the Revised Rules of Court provides expressly that a search warrant Legal Grounds for Quashal
shall be valid for ten (10) days from its date and that thereafter, it shall be void. a. Failure to comply with form
prescribed by law
2. Search Warrant No. 1122 is dated 12 July 2006. It was served on the accused on 23 July b. Served beyond period
c. More than one offense
2006, the 11th day from its date; this is certified to by the Sworn Inventory and Return executed by Major d. No personal determination of
Alang Alam, the leader of the searching team (a copy of which is already part of the records). A search probable cause by Judge
was made on the same day, 23 July 2006; pursuant to said search, certain objects were seized and e. No probable cause
3. Relief
delivered to the court. Under the law, the Search Warrant is void and must, thus, be quashed. 4. Place/Date
[3] WHEREFORE, it is respectfully prayed that Search Warrant No. 1122 be QUASHED and all 6. Notice of Hearing
objects seized under its purported authority be declared INADMISSIBLE under the exclusionary rule in 7. Proof of Service
Article III, Section 3(2) in relation to section 2 of the 1987 Constitution.
[5] (Sgd.) MA TAPANG

Counsel for Accused
[Address]
PLUS:
38
3. Motion to Suppress Evidence
[1] (Caption) Comment [89]: Rule 126, sec. 14, 2000
Rules on Criminal Procedure; this is a new
pleading expressly recognized for the first
PEOPLE OF THE PHILIPPINES, time in the Rules, although it has been
Plaintiff, used widely in practice and even
acknowledged by the Supreme Court in
case law. Please take note that this may
- versus - Criminal Case No. 00022 be filed in and acted upon only by the
For: Libel court where the action is filed but if no
VIG CHAN, action has yet been filed, it may be filed
Accused. with the court that issued the search
warrant. If no resolution has yet been
x ---------------------------------------------- x made by the Search Warrant Court by the
time an Information is filed, then the trial
MOTION TO SUPPRESS EVIDENCE UNLAWFULLY SEIZED court shall resolve the Motion to Quash.
The ACCUSED, by counsel, respectfully moves for the suppression of objects seized on 23 July Comment [90]: Checklist:
2006, pursuant to Search Warrant No. 1122 issued by this Honorable Court dated 12 July 2006, based on 1. Caption and Title
2. Distinct Specification of Factual and
the following considerations: Legal Grounds for Suppression
a. Search without witnesses
[2] 1. Search Warrant No. 1122 was served on the 11th day and is, thus, void. b. Served beyond period
2. The motor vehicle seized does not fall within the property that may lawfully be seized. c. More than 1 offense
d. No receipt
e. No inventory
Discussion f. Property not subject of seizure
[1] Search Warrant No. 1122 was g. Not evidence in plain view
3. Prayer/Relief
served on the 11th day and is, thus, 4. Place/Date
void. 5. Signature of Counsel
1. Rule 126, Sec. 10 of the Revised Rules of Court provides expressly that a search warrant shall 7. Proof of Service
be valid for ten (10) days from its date and that thereafter, it shall be void.
2. Search Warrant No. 1122 is dated 12 July 2006. It was served on the accused on 23 July
2006, the 11th day from its date; this is certified to by the Sworn Inventory and Return executed by Major
Alang Alam, the leader of the searching team (a copy of which is already part of the records). A search
was made on the same day, 23 July 2006; pursuant to said search, certain objects were seized and
delivered to the court. Under the law, the Search Warrant is void.
3. No valid seizure may be made under a void warrant. For this reason, the following objects
must be suppressed:
[list items]
[2] The motor vehicle seized does

not fall within the property that
may lawfully be seized.
4. On the occasion of the search, the searching party also “seized” accused’s green Jaguar XJE
with license plate, “No. 1", allegedly for being subject of the offense. Thereafter, it was impounded and
kept at the PNP Motor Pool.
5. The motor vehicle cannot be subject of the offense as accused is charged with libel. There is
no relation between the motor vehicle and libel.
6. Moreover, the motor vehicle is not mala prohibita that would justify a seizure thereof; neither
could there be a seizure of evidence in plain view.
[3] WHEREFORE, it is respectfully prayed that all objects seized under the void Search Warrant
No. 1122 be declared INADMISSIBLE under the exclusionary rule in Article III, section 3(2) in relation to
Section 2 of the 1987 Constitution. Furthermore, it is prayed that the Green Jaguar XJE with license plate
“No. 1" be immediately returned to the accused.
[5] (Sgd.) MA TAPANG

Counsel for Accused
[Address]
PLUS:
39
4. Motion for Bail
[1] (Caption) Comment [91]: Checklist:
2. Parties
PEOPLE OF THE PHILIPPINES, 3. Specification of grounds for entitlement
Plaintiff, to bail
Criminal Case No. 00567 4. Prayer/Relief
5. Place/Date
- versus - For: Murder 6. Signature of Counsel
NAKA PIIT, 8. Proof of Service
Accused.
x ------------------------------------------ x
MOTION FOR BAIL
[2] THE ACCUSED, by counsel, respectfully moves to be allowed bail on the ground that the [3]
prosecution’s evidence of his guilt is not strong. In support, he respectfully submits the following: Feliz Guerrero 8/12/07 2:19 PM
Comment [92]: See Rule 114, as amended;
1. The Information alleges that he raped the private complainant on 25 December 2005 at his however, as bail is generally a matter of
right and is only limited and made
residence in Quezon City. The prosecution’s own evidence, however, belies this allegation as: (a) the discretionary in capital cases, the
medical certificate (attached as ANNEX A to the Information) states that private complainant is in a virgin allegation in this regard would invariably
state with no physical and outward signs of trauma; (b) the medical certificate issued by the NBI doctor be to the effect that the evidence of guilt is
not strong and the relief prayed for would
(attached as ANNEX B to the Information) after a physical examination of the accused, two (2) days after be a bail hearing and the subsequent
the alleged rape, shows that he is suffering from erectile dysfunction and has been so afflicted for close admission to bail.
to five (5) years now and (c) the sworn statements of the private complainant conflict with and contradict
each other such that her credibility must be placed in doubt.
2. For these reasons, there is no basis to conclude that the accused raped the private
complainant as there is less than circumstantial evidence of this fact. He is, thus, entitled to bail as a
matter of right.
WHEREFORE, it is respectfully prayed that the accused be granted: (1) a bail hearing, during
which the prosecution should be directed to present its evidence to show the strength of its evidence of
the accused’s guilt, and (2) thereafter, grant the accused reasonable bail.
Quezon City; 7 July 2007.

[Address]
PLUS: Request for and Notice of Hearing
40
D. Application for Bail
[1] (Caption) Comment [93]: Checklist:
1. All the requirements as in ordinary
motions
PEOPLE OF THE PHILIPPINES, 2. Grounds for Probation (See PD 968, as
Plaintiff, amended)
3. Prayer/Relief
4. Verification by Applicant
- versus - Criminal Case No. 114878 5. Notice of Hearing
RECY DIVIST,
Accused.
x ---------------------------------------------- x
APPLICATION FOR PROBATION
THE ACCUSED, by counsel, respectfully applies for probation pursuant to the provisions of
Presidential Decree No. 968, as amended.
In support of this application, the accused respectfully submits the following:
1. Accused-applicant is of legal age and currently gainfully employed at ASN Broadcasting

Corporation located at Timog Avenue, Quezon City. On 23 February 2007, she pleaded “guilty” to the
offense charged herein; consequently, this Honorable Court in its Order dated 8 March 2007 sentenced
accused-applicant to an indeterminate penalty ranging from three (3) years to five (5) years of prision
correccional.
[2] 2. Accused-applicant humbly submits that she possesses all the qualifications and none of
the disqualifications enumerated under section 2 of Presidential Decree No. 968, specifically:
2.1. She has not been convicted of any crime against national security or public
order;
2.2. She has not been previously convicted by final judgment of an offense
punishable by imprisonment of not less than one (1) month and one (1) day and/or a
fine of not less than Two Hundred Pesos (P200.00);
2.3. She has not previously applied for nor had been previously placed under
probation under Presidential Decree No. 968.
2.4. She has not started to serve her sentence and, to date, has not filed any
Notice of Appeal from the Order of conviction.
3 Finally, granting this application will not in any way depreciate the seriousness of the offense
charged nor cause any undue risk that during the period of probation, accused-applicant will commit
another crime. Moreover, accused-applicant does not need any correctional treatment requiring
commitment to an institution.
[3] WHEREFORE, accused-applicant respectfully prays that her application for probation be
GRANTED and that she be placed under probation under such terms and conditions necessary to attain
and ensure the objectives of the law and which, under the circumstances, are fair, just and reasonable in
the sound discretion of this Honorable Court.
Quezon City for Pasig City; 12 March 2007.

Counsel for Accused
[Address]
PLUS:
1. [4] Verification
41
IV. PLEADINGS AND OTHER LEGAL DOCUMENTS COMMON TO CIVIL AND CRIMINAL
PROCEDURE
A. Offer of Evidence and Opposition/Comment to Offer
1. Formal Offer of Evidence
Republic of the Philippines

National Capital Judicial Region
REGIONAL TRIAL COURT
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 000011
- versus -
RECY DIVIST,
Accused.
x ------------------------------------------ x
FORMAL OFFER OF EVIDENCE

THE PROSECUTION, by the undersigned public and private prosecutors, respectfully offer their Comment [94]: Variably and acceptably
documentary exhibits in support of their case-in-chief: denominated by others as “Formal Offer of
Documentary Exhibits”; please note that
this applies to criminal and civil cases. In
1. Exhibit A, the sworn statement of ‘Alang Kaso, the private complainant, and Exhibit A-1, his criminal cases, the private prosecutor has
signature–to prove that on the date and time stated in the affidavit, the accused issued a post-dated no personality to formally offer the
evidence, thus, the offer is made in the
check in the amount of One Million Pesos (P1,000,000.00) which, on presentment for payment, was name of the prosecution.
dishonored for lack of insufficient funds; to prove authorship and the authenticity of the sworn
statement; and as part of the testimony of the private complainant.
Comment [95]: If the question calls for an
Offer of Evidence by the Accused/Defense,
2. Exhibit B, the post-dated check dated 30 June 2004, issued by the accused in the amount of then the proper 1st par. should read: “The
One Million Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with notation “DAIF”; Exhibit Accused (Defendant), by counsel,
B-2, the signature of accused on face of the check–to prove the issuance of the check, the amount respectfully offers his/her documentary
exhibits in support of his/her defenses, as
stated, the reason for dishonor and the identity of the issuer. The marked copies of Exhibits A and B are follows:”. Invariably, the Offer of Evidence
already part of the record. is made in table or column form such that
it would be easier for the Court to see the
Exhibit No., Description and Purpose but,
WHEREFORE, the prosecution respectfully prays that the foregoing Exhibits be ADMITTED as for purposes of the Bar, this would not be
proof of the facts therein stated and in support of its case-in-chief and for all other relevant purposes. practicable nor practical. All that is
important is that the Offer contain the
Quezon City; 7 July 2007. Exhibit Number, a description of the
Exhibit and the Purpose of Offer.
ELLIOT NESS ATTICUS FINCH

Public Prosecutor Private Prosecutor
Copy furnished: Comment [96]: This is a common mistake
for any legal document submitted by a
private prosecutor. It is important to
MITCH MCDEERE remember that the private prosecutor has
Counsel for Accused no personality to do anything in a criminal
case as everything is under the control and
direction of the public prosecutor. Thus,
every legal document must be signed by
both the public prosecutor and the private
prosecutor. Note that it would also be
acceptable to have the Offer that is
prepared by a private prosecutor signed
by the public prosecutor to show his
conformity thereto.
42
2. Comment/Opposition to Offer

Plaintiff,
- versus -
RECY DIVIST,
Accused.
x ------------------------------------------ x
COMMENT ON THE PROSECUTION’S

FORMAL OFFER OF EVIDENCE
THE ACCUSED, by counsel, respectfully oppose the Prosecution’s Offer of Evidence for the
following reasons:
1. Exhibit A, the sworn statement of ‘Alang Kaso, the private complainant, and Exhibit A-1, his
signature are INADMISSIBLE because the private complainant was never presented to authenticate the
document or subjected to cross-examination, thus, the document is hearsay and inadmissible.
2. Exhibit B, the post-dated check dated 30 June 2004, issued by the accused in the amount of
One Million Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with notation “DAIF”; Exhibit
B-2, the signature of accused on face of the check are INADMISSIBLE for violation of the Best Evidence
Rule as the original check was never presented; and no basis for the presentation of secondary evidence
laid.
ACCORDINGLY, the ACCUSED respectfully submits that the Prosecution’s Exhibits are
INADMISSIBLE and must, thus, be EXCLUDED.
Quezon City; 7 July 2007. Comment [97]: NOTE: The purpose of the
offer is never objected to; rather it is the
admissibility of the document that is
(Sgd.) MITCH MCDEERE objected to. The purpose of offer goes to
Counsel for the Accused weight of the document (unless of course,
[Address] the objection is relevance, then purpose
may properly be objected to as relevance
also determines admissibility). Any
Copy furnished: objections to purpose should be made in
the Memorandum and an appropriate
ELLIOT NESS reservation to do so may be stated in the
Comment.
Public Prosecutor
ATTICUS FINCH
Private Prosecutor
43
B. Demurrer to the Evidence
1. Criminal cases
(Caption)

Plaintiff,
- versus - For: Violation of PD 1866
ANAKIN SKYWALKER,
Accused.
x ---------------------------------------- x
DEMURRER TO THE PROSECUTION’S EVIDENCE

THE ACCUSED, by counsel, with leave of court previously obtained, respectfully submits this Comment [98]: A Demurrer may also be
Demurrer to the Prosecution’s Evidence on the ground that the prosecution has failed to adduce sufficient called a “Motion to Acquit” as the relief
sought is acquittal.
evidence of his guilt to overcome the presumption of innocence and shift the burden of proof:
Feliz Guerrero 8/13/07 10:20 AM
1. Under the Constitution, the accused is presumed to be innocent until proven guilty. The effect Comment [99]: There is a different rule in
criminal procedure as regards a Motion for
of this presumption is that it entitles the accused to not say anything in his defense and places the Leave to File A Demurrer. The Motion for
burden directly on the prosecution to prove everything relative to his guilt. Thus, the prosecution must Leave must be filed prior to the Demurrer.
rely on the strength of its evidence and not wait for the accused to offer any defense. It is only in the It is only when the Motion for Leave is
granted that the Demurrer may be filed.
event that the prosecution, after resting its case, has adduced sufficient evidence of guilt that the burden
of proof shifts to the accused.
2. The prosecution has failed to adduce sufficient evidence of guilt such as would shift the
burden of proof.
2.1. The accused is charged with violation of PD 1866; the gravamen of the
offense is unauthorized possession of a firearm. Concretely, this means that the
prosecution must prove that the accused had no legal authority to possess any firearm.
2.2. The prosecution has failed to show that the accused had no license to carry
a firearm. The proof of the negative element is indispensable to proof of a violation of PD
1866. Without proof of this negative element, the crime is not proven.
3. Absent proof of the negative element, i.e., absence of a license, the offense is not proven.
The accused is innocent; he must, thus, be acquitted.
WHEREFORE, the accused respectfully prays that the Information against him be DISMISSED and
that he be ACQUITTED of the crime charged.
DARTH SIDIOUS
[Address]

Feliz Guerrero 8/13/07 10:20 AM
Comment [100]: -NOTE: A Demurrer is
essentially a Motion to Acquit. It is thus a
litigious motion and should be set for
hearing.
44
2. Civil cases
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
- versus -
PADME AMIDALA,
Defendant.
x ---------------------------------- x
DEMURRER TO THE EVIDENCE
DEFENDANT, by counsel, with leave of court previously sought and granted, respectfully submits
this Demurrer to the Evidence because plaintiff has failed to prove entitlement to his claims by a Feliz Guerrero 8/12/07 2:19 PM
preponderance of evidence: Comment [101]: Note the difference in the
rule between a civil demurrer and a
demurrer in criminal cases insofar as
1. This action seeks to collect a sum of money arising from a contract. effects of leave of court is concerned. A
civil demurrer may be filed with or without
2. Plaintiff, after resting his case, has failed to: (a) prove the authenticity of the contract, (b) the leave of court but if the demurrer is
granted and later reversed on appeal, the
extent of the obligation under the contract, (c) the demandability of the obligation under the contract and defendant loses the right to adduce
(d) defendant’s liability for the obligation and damages. evidence.
3. Consequently, plaintiff has failed to prove his claims by a preponderance of evidence and
defendant is entitled to a dismissal of the Complaint against her.
WHEREFORE, defendant respectfully prays that the Complaint against her be DISMISSED.

[Address]
45
C. Notice of Lis Pendens
4th Judicial Region
Branch 71, Antipolo
DAMI LUPA,
Plaintiff,
Civil Case No. 007
- versus - For: Reconveyance
ALANG LUPA,
Defendant.
x ----------------------- x
NOTICE OF LIS PENDENS
THE REGISTER OF DEEDS

Antipolo City, Rizal Province
Please take notice that a parcel of land covered by TCT No 1234 located in Antipolo, Rizal;
registered in the name of defendant is the subject matter of an action for reconveyance of an undivided
one-sixth portion thereof filed by DAMI LUPA, above-named plaintiff. Accordingly, please record this
notice on the title.

[Address]
Copy furnished:
MITCH MCDEERE, Esq.

46
D. Appearance as Counsel
Republic of the Philippines Comment [103]: 1978 and 2002 Bar
REGIONAL TRIAL COURT Question
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
- versus - For: Legal Separation
PADME AMIDALA,
Defendant.
x -------------------------------- x
ENTRY OF APPEARANCE
THE BRANCH CLERK OF COURT

Regional Trial Court
Please enter the appearance of the undersigned as counsel for defendant Padme Amidala, with
her express conformity as indicated below, in this case. Henceforth kindly address all pertinent notices to
the undersigned at the address given below.

No. 1, Imzadi Place
Tatooine, Pasig City
WITH MY CONFORMITY:
(Sgd.) PADME AMIDALA

Comment [104]: This is frequently
Copy furnished: overlooked but is actually the most
important part of the Entry of Appearance
as it indicates to the Court the authority
DARTH SIDIOUS given and the source of such authority.
47
E. Withdrawal as Counsel
1. Withdrawal as Counsel
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
PADME AMIDALA,
Defendant.
x -------------------------------- x
WITHDRAWAL OF APPEARANCE

Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN
SKYWALKER, with his express conformity as indicated below, in this case. Henceforth kindly address all
pertinent notices to plaintiff at his address given in the Complaint.
(Sgd.) MACE WINDU

1 Imperial Palace, Cloud City, Pasig City
WITH MY CONFORMITY:
(Sgd.) ANAKIN SKYWALKER
2. Withdrawal as Counsel WITHOUT conformity of client
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
PADME AMIDALA,
Defendant.
x -------------------------------- x
WITHDRAWAL OF APPEARANCE

Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN
SKYWALKER due to irreconcilable professional differences with plaintiff, for which reason the
express conformity of plaintiff cannot be obtained. Henceforth kindly address all pertinent notices
to plaintiff at his address given in the Complaint. Feliz Guerrero 8/12/07 2:19 PM
Comment [105]: NOTE: If the client gives
RESPECTFULLY SUBMITTED. express conformity, no reason for
withdrawal needs to be given. However, if
withdrawal is without conformity, the court
Quezon City; 7 July 2007. may ask counsel to secure conformity. If
withdrawal is due to fundamental and
irreconcilable professional differences, then
(Sgd.) MACE WINDU it must be stated so that the absence of
1 Imperial Palace, Cloud City, Pasig City conformity of the erstwhile client is
justified.
48
F. Substitution of Counsel
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
PADME AMIDALA,
Defendant.
x -------------------------------- x
SUBSTITUTION OF COUNSEL
THE UNDERSIGNED respectfully enters his appearance as counsel for defendant Padme Amidala
in substitution of former counsel Darth Maul, as shown by her express conformity below. Henceforth,
kindly address all pertinent notices to the undersigned at the address given below.
OBI WAN KENOBI

2 Corruscant Place
Tatooine Road, Pasig City
WITH MY CONFORMITY:
(Sgd.) PADME AMIDALA
G. Notice of Appeal
Branch 1, Manila Feliz Guerrero 8/12/07 2:19 PM
TALO NAN, Comment [107]: NOTE: The Notice of
Plaintiff, Appeal is filed with the trial court, not the
appellate court.
- versus -
PANA LO,
Defendant.
x------------------------- x
NOTICE OF APPEAL
PLAINTIFF, by counsel, respectfully appeals to the Court of Appeals the Decision of this
Honorable Court dated 6 July 2006, a copy of which he received on 16 July 2006, for being contrary to
law and the evidence presented.
Quezon City for Manila; 17 July 2006.

[Address]
Copy furnished:
MITCH MCDEERE
49
V. PLEADINGS AND LEGAL DOCUMENTS ON DOMESTIC CASES AND SPECIAL
PROCEEDINGS
A. Petition for Habeas Corpus
Republic of the Philippines Comment [108]: 1979 and 1992 Bar
National Capital Judicial Region Question
Branch 191, Makati
IN RE: PETITION FOR HABEAS

CORPUS OF THE MINORS LUKE
AND LEIA SKYWALKER
SP No. 111334
PADME AMIDALA,
Petitioner.
ANAKIN SKYWALKER,
Respondent.
x ------------------------------------------ x
PETITION
PETITIONER, by counsel, respectfully states that:
1. Petitioner is the mother of the minors Luke and Leia Skywalker, who were born out of the
valid marriage between petitioner and respondent Anakin Skywalker.
2. The marriage failed and petitioner has been living separately from respondent since 2004.
Sometime in February 2007, respondent, unknown to petitioner, abducted the minor children and has
kept them incommunicado and out of petitioner’s reach.
3. Being below seven (7) years of age, custody of the minors is naturally presumed to belong to
petitioner, as their mother. Consequently, respondent’s refusal to allow petitioner to regain custody over
the minors is unlawful and unjustified.
WHEREFORE, petitioner respectfully prays that a writ of habeas corpus issue directing
respondent to make a return showing his legal authority to detain the minor children, subject of this
petition, and thereafter, present the minor children personally before the Court on a date and time it
chooses.
OBI WAN KENOBI

Counsel for Petitioner
[Address]
PLUS: Verification and Certification against Forum Shopping
50
B. Petition for Adoption
IN RE: PETITION FOR ADOPTION

OF ANAKIN SKYWALKER
SP No. 111334
DARTH VADER and PADME AMIDALA,
Petitioners.
x ------------------------------------------ x
PETITION
PETITIONERS, by counsel, respectfully state that:
1. Petitioners are husband and wife, both of legal age, and residents of __________.
2. They have no legitimate children of their own and desire to jointly adopt a minor named
ANAKIN SKYWALKER, 10 years old, the legitimate child of _________________.
3. The parents of the minor are not insane, intemperate and are in full possession of civil
capacity; they have not abandoned the minor child. With full knowledge of petitioners’ intention, they
have expressly given their written consent to the adoption, as shown by their statement, a copy of which
is attached as ANNEX A.
4. Petitioners are qualified to adopt the minor and are financially capable of supporting the
minor; they are also morally qualified to bring up and educate the said minor.
WHEREFORE, it is respectfully prayed that judgment be rendered in petitioners’ favor adjudging

the minor child ANAKIN SKYWALKER freed from all legal obligations of obedience and maintenance with
respect to his/her natural parents and that he/she be declared to all legal intents and purposes, the child
of herein petitioners and that his/her surname be changed to that of petitioners.
(Sgd.) MASTER YODA

[Address]
51
C. Petition for Declaration of Nullity of Marriage with Application for Provisional
Orders
[Caption and Title] Comment [109]: Under AM No. 02-11-12-
SC Proposed Rule on Provisional Orders
adopted by the SC on 4 March 2003 and
PETITIONER, by counsel, respectfully states that: which took effect on 15 March 2003, the ff.
provisional orders may be applied for upon
1. Petitioner is a Filipino citizen, of legal age and married to respondent. For purposes of this filing of a petition for declaration of nullity
of marriage:
petition, she may be served with notices and other pertinent processes through counsel at [address of a) spousal support [§ 2]
counsel]. b) child support [§ 3]
c) child custody [§ 4]
2. Respondent is a Filipino citizen, of legal age, currently employed at [state employer] and d) visitation rights [§ 5]
e) hold departure orders [§ 6]
married to petitioner. He may be served with summons and other pertinent orders and processes of this f) order of protection [§ 7]
Court at [state address] g) admin of common property [§ 8]
3. Petitioner and respondent were married on [date] and out of this marriage, they have [state
number of children, respective ages]. A copy of the Marriage Contract executed by petitioner and
respondent is attached as ANNEX A; a copy each of the birth certificates of the minor children is
attached as ANNEX B, C and D, respectively.
4. Petitioner and respondent are currently separated in fact and have been so since May 2001.
The reason for the continuing separation in fact is the breakdown of the marriage due to both petitioner’s
and respondent’s mutual psychological incapacity to fulfill and discharge their respective marital
obligations to each other, which existed at the time of the marriage in 1998 but manifested itself well into Feliz Guerrero 8/12/07 2:20 PM
the marriage Comment [110]: NOTE: It may be
psychological incapacity only on the part of
one party so the allegations may be
5. The mutual psychological incapacity of the parties to remain married to each other appears tailored to address that situation.
to be incurable; prior to this resort, the parties had attempted formal and informal counseling sessions all
of which proved unproductive as respondent proved resistant and, at times, even hostile to these efforts.
6. In compliance with jurisdictional requirements, petitioner submitted herself to a psychological

and clinical assessment by a trained professional, Clinical Psychologist [state name]. Despite several
attempts, respondent refuses to agree to any sober and productive discussion with petitioner and is
always highly emotional and angry, it was, thus, impracticable to secure a psychological report and
profile of respondent; should this become material, petitioner reserves the right to request respondent to
submit to a psychological examination for purposes of confirming the mutual psychological incapacity to
remain married to each other.
7. Petitioner’s psychological incapacity is described in clinical terms as being consistent with a

V61.1 Partner Relational Problem and is said to have “Masochistic Personality Disorder” or “301.9
Personality Disorder Not Otherwise Specified”; on the other hand, the assessment given by the Feliz Guerrero 8/12/07 2:20 PM
psychologist of respondent’s psychological make-up is that he has a “301.20 Schizoid Personality Disorder Comment [111]: Under the Rule on
Provisional Orders, child custody may be
with narcissistic features” which is described as “grave, incurable and has antecedents.” The
sought in a petition for declaration of
psychological make-up of petitioner and respondent is explained in greater detail in the Clinical nullity where the court considers the best
Assessment Report (“Report”) dated 28 December 2006, a copy of which is attached as ANNEX E. interests of the child as paramount;
provisional custody may be awarded to the
following based on the order of preference:
8. Their minor children are in petitioner’s custody and are being supported by her financially 1) to both parents jointly
and emotionally. 2) to either parent taking into account all
relevant considerations, esp. the choice of
the child
9. Petitioner submits that, despite the parties’ mutual psychological incapacity to remain married
3) to the surviving grandparent, or if there
to each other, the interests of the children are best served by having them remain in her custody, with are several of them, to the grandparent
visitation rights extended to respondent. All of the children are minors and, under the law, children under chosen by the child above 7 years of age
seven (7) years of age shall not be separated from the mother, save for exceptional circumstances which unless the grandparent chosen is unfit or
disqualified
do not exist in this case. 4) to the eldest brother or sister over 21
years of age unless unfit or disqualified
10. Petitioner cannot, however, provide for all the financial needs of the children as she is only 5) to the actual custodian over 21 years of
age unless unfit or disqualified, or
earning a limited amount of money from her work whereas respondent is gainfully employed and earns
6) to any other person deemed by the court
more than enough for his own personal needs. Petitioner earns only (state amount) from her work as suitable to provide proper care and
shown by her payslip attached as ANNEX F whereas respondent earns (state amount) from his work as guidance. § 4.
shown by his payslip attached as ANNEX G. The common property of petitioner and respondent is Feliz Guerrero 8/12/07 2:20 PM
insufficient for the support of the children. Respondent must, thus, be directed to give support to his Comment [112]: Under the Rule on
children in the amount of (state amount). Provisional Orders, child support may
also be sought. It must first be taken from
the properties of the absolute community
WHEREFORE, petitioner respectfully prays that PROVISIONAL ORDERS for child custody and child or the conjugal partnership. In the
support be issued giving to petitioner custody pendente lite over their minor children and directing discretion of the court, either parent or
respondent to give monthly support in the amount of (state amount), subject to any adjustments that both may be ordered to give an amount
necessary for support, maintenance and
may be made based on changing earning capacity as well as needs. education of the child in proportion to the
resources or means of the giver and to the
needs of the recipient. Thus, the earning
capacity of the parent and the amount
needed for support must be alleged.
52
Petitioner also prays that, after trial, judgment be rendered in her favor by declaring petitioner to
be psychologically incapacitated to comply with the essential obligations of her marriage to respondent,
thus --
[1] Declaring the marriage between petitioner and respondent a nullity and, by this
token, ordering the dissolution of the conjugal partnership of gains; and
[2] Awarding permanent custody of the children to petitioner, with express

acknowledgement of respondent’s visitation rights;
[3] Awarding support in the amount of (state amount) subject to adjustments to be

made depending on changes in earning capacity and needs of the children.
All other just and equitable reliefs are also prayed for.

[Address]
53
D. Petition for Probate of a Holographic Will
Branch 30, San Juan
RE: PROBATE OF THE HOLOGRAPHIC

WILL OF PABLING SIA.,
SP PROC. No. 0023
PALING KERA,
Petitioner,
x ------------------------------------ x
PETITION
PETITIONER, by counsel, respectfully states that:
1. Petitioner is a Filipino citizen and the widow of the deceased.
2. On 16 August 2006, PABLING SIA died, having previously executed a holographic will in his
own handwriting and in a language known to him. A copy of the will is attached as ANNEX A. The
handwriting may be attested to as his by his secretary of long standing, TOM CRUZ.
2. The deceased left a house and lot located at No. 555, Tuna Road, Marinara Subdivision,
Quezon City and cash amounting to Fifty Thousand Pesos (P50,000); he had no debts.
3. The deceased’s only heirs are herein petitioner and their son, PABLING SIA JR., both of whom
are residing at No. 555, Tuna Road, Marinara Subdivision, Quezon City.
WHEREFORE, it is respectfully prayed that after due notice and publication this Honorable Court
fix the date for the probate of the holographic will and that letters of administration be issued in favor of
the herein petitioner and thereafter adjudicate the properties of the deceased in accordance with the said
holographic will.

[Address]
54
VI. DEEDS, CONTRACTS AND OTHER CORPORATE LEGAL DOCUMENTS
A. Special Power of Attorney
SPECIAL POWER OF ATTORNEY Comment [114]: 1976, 1986 and 1992
Bar Exams
KNOW ALL MEN BY THESE PRESENTS:
I, OBI WAN KENOBI, of legal age, and resident of Tatooine, do hereby name, constitute and
appoint PADME AMIDALA, of legal age, and resident of Naboo, to be my true and lawful Attorney-in-Fact
and in my name, place and stead, do perform the following specific act(s):
(Specify the particular act/s to be performed)
Giving and granting unto said attorney-in-fact power and authority to do every act necessary and
required in connection with these presents, and hereby ratifying and confirming all that she may do by
virtue of these presents.
IN WITNESS WHEREOF, I have signed this Special Power of Attorney this 7 July 2007 at
Tatooine.

Principal
SIGNED IN THE PRESENCE OF:
(Sgd.) R2D2
(Sgd.) C3PO
Acknowledgment
B. General Power of Attorney
GENERAL POWER OF ATTORNEY
I, OBI WAN KENOBI, of legal age, and resident of Tatooine, do hereby name, constitute and
appoint PADME AMIDALA to be my true and lawful attorney-in-fact, for me and in my name, place and
stead, to do and perform the following acts, to wit:
(Specify general acts that Attorney-in-Fact may do)
Giving and granting unto my said Attorney-in-Fact full power and authority necessary and
required to carry out the acts as fully to all intents and purposes as I might do or lawfully do if personally
present, with power of substitution and revocation, and hereby ratifying and confirming all that my said
attorney-in-fact or his substitute shall lawfully do or cause to be done under and by virtue of these
presents.
IN WITNESS WHEREOF, I have signed this instrument this 7 July 2007 at Tatooine.

Principal
(Sgd.) R2D2
(Sgd.) C3PO
Acknowledgment
55
C. Contract of Lease
CONTRACT OF LEASE Comment [115]: 1976, 1987, 1988 and
1996 Bar Question
This Agreement made and entered into at Makati this 7th day of July 2007 by and between DAMI
BAHAY, of legal age, married to ASA WA, (LESSOR) and resident of Makati City, and ALANG BAHAY, of
legal age, single and resident of Quezon City (LESSEE), WITNESSETH that:
1. In consideration of a monthly rental of FIVE THOUSAND PESOS (P5,000.00) and the

covenants made below, the LESSOR hereby LEASES to the LESSEE an apartment located at 199 San
Antonio Village, Makati City covered by Tax Declaration No. 001 (Makati City Assessor’s Office) for a
period of TWELVE (12) MONTHS from signing of this contract.
2. The LESSEE covenants, as follows:
2.1. To pay the rentals on or before the fifth day of each month, without need
of demand at the residence of LESSOR;
2.2. To keep the premises in good and habitable condition, making the
necessary repairs and painting inside and outside the house;
2.3. Not to make major alterations and improvements without the written
consent of the LESSOR and in the event of such unauthorized major alterations and
improvements, surrendering ownership over such improvements and alterations to the
LESSOR upon expiration of this lease;
IN WITNESS WHEREOF, the parties have signed this contract on the date and the place first
mentioned.
DAMI BAHAY ANG BAHAY

Lessor Lessee
With my consent:
ASA WA
Acknowledgment
BEFORE ME, a Notary Public for Makati City, personally appeared on the 7th of July 2007, the
following persons, with their respective CTC details indicated below:
DAMI BAHAY CTC No. ____________ issued at/on

ALANG BAHAY CTC No. ____________ issued at/on
known to me to be the same persons who executed the foregoing instrument, denominated as a Contract
of Lease consisting of __ pages, signed on each and every page by the parties and their instrumental
witnesses, having acknowledged the same before me as their own free and voluntary act and deed.
TO THE TRUTH OF THE FOREGOING, witness now my hand and seal on the date and place
mentioned above.
N.O. TARIO
Until December 31, 2007
PTR No. 0000111/1/05/99, Makati City
Doc. No.
Page No.
Book No.
Series of 2007.
56
D. Holographic Will
San Juan, Metro Manila Comment [116]: 1975, 1986 and 1988
7 July 2007 Bar Exams
I hereby execute this holographic will, in my handwriting and in the English language which I
know how to read and write, bequeathing my house and lot located at No. 555, Tuna Road, Marinara
Subdivision, Quezon City to my son, PABLING SIA JR., and cash amounting to Fifty Thousand Pesos
(P50,000) to my spouse, PALING KERA.
(Sgd.) PABLING SIA SR.
E. Notarial Will
LAST WILL AND TESTAMENT Comment [117]: 1979, 1983 and 2004
of Bar Exams
PABLING SIA, SR.
I, PABLING SIA, SR., of legal age, married to PALING KERA, a native of Lipa City, Batangas, now
actually residing at San Juan, Metro Manila, being of sound and disposing mind and memory, and not
acting under influence, violence, fraud or intimidation of whatever kind, declare this to be my Last Will
and Testament which I have caused to be written in English, the language which is known to me. And I
hereby declare that:
I. The following are my children and their addresses;
(Name of children and addresses)
II. I give and bequeath to my children __________, __________, and __________,

in equal shares, the following properties, real and personal, whatsoever and
wheresoever located:
(Description of property)
III. I designate _______________ as the sole executor of this Last Will and
Testament.
IN WITNESS WHEREOF, I have set my hand this 7th day of July 2007 in San Juan, Metro Manila.
(Sgd.) PABLING SIA, SR.
57
F. Attestation Clause for a Notarial Will
ATTESTATION CLAUSE Comment [118]: This applies also to
Donations Mortis Causa, which are
essentially wills. Not applicable, however,
WE, the undersigned witnesses, whose residences are stated opposite our respective names, do to donations inter vivos.
hereby certify that: the testator _________________ has published unto us the foregoing will consisting
of ___ pages numbered correlatively in letters on the upper part of each page, as his/her last will and
testament and has signed the same and every page thereof, on the left margin, in our joint presence and
we, in turn, at his/her request have witnessed and signed the same and every page thereof, on the left
margin, in the presence of the testator and in the presence of each other.
SAKSI 1 Residence
SAKSI 2 Residence
SAKSI 3 Residence
G. Acknowledgment of a Notarial Will Comment [119]: There must be at least 3
instrumental witnesses.
JOINT ACKNOWLEDGMENT
BEFORE ME, Notary Public for and I the City of San Juan, Philippines, this 7th day of July, 2007,
personally appeared:
PABLING SIA, SR. (Testator), with Valid Identification Document _______ issued by
(official agency), on 6 July 2006;
SAKSI 1 (Witness), with Valid Identification Document _______ issued by (official

agency), on 6 July 2006;


all known to me to be the same persons who signed the foregoing Will, the first as testator and the last
three as instrumental witnesses, and they respectively acknowledged to me that they signed the same as
their own free act and deed.
This Will consists of ___ pages, including the page in which this acknowledgment is written, and
has been signed on the left margin of each and every page thereof by the testator and his witnesses and
has been sealed with my Notarial seal.
IN WITNESS WHEREOF, I have set my hand the day, year and place written.
(Sgd.) N. O. TARIO
Notary Public
Until __________________
PTR No. _______________
Issued at ______________
On ___________________
Doc. No.
Page No.
Book No.
Series of 2007.
58
H. Donation Inter Vivos
DEED OF DONATION
This Deed of Donation, made and executed by LALIM BULSA, of legal age, single/married, and
resident of _______________ (“Donor”) in favor of DAMI UTANG, of legal age, single/married and
resident of _________________ (“DONEE”) WITNESSETH:
That the DONOR is the owner of that certain real property with the buildings and improvements
thereon, situated in _________________, and more particularly described in Original/Transfer Certificate
of Title No. ____ of the land registry of _____________, as follows:
(Copy description of property in title)
That for and in consideration of the love and affection which the DONOR has for the DONEE, the
said DONOR, by these presents, transfers and conveys, by way of donation, unto said DONEE, his/her
heirs and assigns, the above described real property with all the buildings and improvements thereon,
free from all liens and encumbrances;
That the DONOR does hereby state, for the purpose of giving full effect to this donation, that
he/she has reserved for himself/herself in full ownership sufficient property to support him/her in a
manner appropriate to his/her needs;
That the DONEE does hereby accept this donation of the above-described property, and does
hereby express gratitude for the kindness and liberality of the DONOR.
IN WITNESS WHEREOF, the DONOR and the DONEE have signed this deed on 7 July 2007 and at
Quezon City, Philippines.
LALIM BULSA
Donor
ACCEPTED:
DAMI UTANG
Donee
(Sgd.) MIRON 1
(Sgd.)MIRON 2
PLUS: Acknowledgment
59
I. Acknowledgment of Nominee Status with Assignment of Shares
ACKNOWLEDGMENT OF NOMINEE STATUS WITH ASSIGNMENT OF SHARES
I, GEORDI LA FORGE, (“Nominee”), of legal age, and with office address at __________, hereby
acknowledge my status as nominee for WILLIAM RIKER (“the Principal”) for the purpose of holding title
to ___ shares of stock in the Enterprise Holdings Inc. (“the Corporation”). As nominee, I hereby
unequivocally confirm that the Principal is the exclusive and absolute owner of the subject shares.
Accordingly, the relationship between the principal and the nominee with respect to the subject shares is
governed by the following terms and conditions:
1. All dividends, whether cash, stock or property, rights and other privileges, accruing
on the subject share shall be for the account and benefit of the principal; accordingly,
the nominee shall deliver the same to the principal and whoever the latter may
designate.
2. Director’s fees and other amounts received by way of compensation for services
rendered by the nominee shall be for the account and benefit of the nominee.
3. The principal shall save the nominee free and harmless from any liability, whether for
unpaid subscriptions, taxes or otherwise, that may arise as a result of the nominee’s
holding title to the subject shares for and on behalf of the principal.
4. The nominee hereby assigns, transfers, and conveys the subject shares to the
principal free from all liens and encumbrances and hereby undertakes to execute the
necessary instruments to transfer title over the subject shares to the principal or to
whoever the latter may designate.
5. This acknowledgment of nominee status shall bind the nominee’s heirs, executors,
administrators and other successors-in-interest.
Done this 7th day of July 2007 at Quezon City.
GEORDI LA FORGE
Nominee
WITH MY CONFORMITY:
WILLIAM RIKER
Principal
WITNESSES:
(Sgd.) UZI 1
(Sgd.) UZI 2
60
J. Secretary’s Certificate
SECRETARY’S CERTIFICATE
I, DEANNA TROI, of legal age, with office address at __________________, on the basis of the
corporate records, do hereby certify that under oath that:
1. I am the Corporate Secretary of ENTERPRISE HOLDINGS INC. (“corporation”), a corporation

duly organized and existing under Philippine laws, with the same office address given above.
2. At a meeting of the Board of Directors of the corporation held on ___________, at which

meeting a quorum was present and obtained throughout, the following resolution(s) was (were) Feliz Guerrero 8/12/07 2:20 PM
unanimously approved and adopted: Comment [120]: Sometimes, it may be
necessary to specify whether the meeting
was a special or general meeting.
RESOLVED, that ...................
3. The foregoing resolution has not been revoked, amended or in any manner modified and
accordingly, the same may be relied upon until a written notice to the contrary is issued by the
corporation.
IN WITNESS WHEREOF, I have set my hand to this certification on ____ at ______________.
DEANNA TROI
Corporate Secretary
ATTESTED:
JEAN-LUC PICARD
President
PLUS: Jurat
K. Board Resolutions
1. Authority to Act
Board Resolution No. ___
RESOLVED, that Mr. Jean-Luc Picard, as Chairperson and Chief Executive Officer
of Enterprise Holdings be authorized, as he is hereby authorized, to enter into any and
all transactions with the representatives of the Ferengi Trade Federation, as may prove
to be beneficial to the corporation in his own opinion and determination.
Approved and adopted this 7th day of July, 2007 at Makati City, Philippines.
(Name of Directors)
2. Increase in number of directors and necessary amendment to the Articles of

Incorporation
Board Resolution No. ___ Comment [121]: 1987 Bar Question
RESOLVED, by a vote of stockholders representing more than 2/3 of the

subscribed and paid up capital stock, to INCREASE the number of Directors of the
Corporation from five (5) to seven (7) and to AMEND the Articles of Incorporation to
reflect this increase.
Approved and adopted this 7th day of July, 2007 at Makati City, Philippines.
(Name of Directors)
61
L. Deed of Assignment
DEED OF ASSIGNMENT
I, DAMI SHARES, of legal age, Filipino and resident of ________________, for and in
consideration of the sum of ____________________ Pesos (P_____), receipt of which is hereby
acknowledged do hereby assign, cede, transfer and convey unto DAMI LUPA, likewise of legal age, and
resident of ______________, all his/her rights, title, ownership and interest over its subscription to One
Hundred Thousand (100,000) shares of the capital stock of _________ Corporation, including advances
due from said corporation. It is, however, understood that the assignee shall assume any and all unpaid
subscription on the said shares.
The assignor hereby irrevocably constitute, name and appoint the assignee to be his/her true and
lawful attorney-in-fact to make representations with the corporate secretary and to cause the annotation
of this assignment in the books of the corporation.
IN WITNESS WHEREOF, the assignor has signed this deed on 7th day of July, 2007 at the City of
Manila.
DAMI SHARES
Assignor
(Sgd.) MIRON 1
(Sgd.) MIRON 2
62
M. Deed of Sale of Registered Land (unilateral)
Republic of the Philippines ) Comment [122]: 1979, 1983, 1984, 1989,
Makati City ) s.s. 1991 and 1997 Bar Exams
DEED OF ABSOLUTE SALE
I, MA YA MAN, Filipino, single, and resident of _________________________, for and in

consideration of the amount of _______________________, paid to me today by MA GU LANG, Filipino,
single and resident of ________________ do hereby SELL, TRANSFER and CONVEY absolute and
unconditionally unto said MA GU LANG that certain parcel(s) of land, together with the buildings and
improvements thereon situated in the City of Makati, and more particularly described as follows:
(Technical Description of property/ies; specify metes and bounds of the

property/ies with approximate area thereof, as indicated on the face of the title)
of which I am the registered owner in fee simple, my title thereto being evidenced by Transfer (or
Original) Certificate of Title No. ______, issued by the Register of Deeds of Makati City.
It is hereby mutually agreed that the vendee shall bear all expenses for the execution and
registration of this deed of sale.
IN WITNESS WHEREOF, I have signed this deed this 7th day of July, 2007 at Makati City.
MA YA MAN
Vendor
[Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If
vendor is married, then add the following:]
With my consent:
ASA WA
Vendor’s Wife
(Sgd.) MIRON 1
(Sgd.) MIRON 2
63
N. Deed of Sale of Unregistered Land (unilateral)
Republic of the Philippines )

Makati City ) s.s.
DEED OF ABSOLUTE SALE
I, MA YA MAN, Filipino, single, and resident of _________________________, for and in

consideration of the amount of __________, paid to me today by MA GU LANG, Filipino, single and
resident of _______________________ do hereby SELL, TRANSFER and CONVEY absolutely and
unconditionally unto said MA GU LANG that certain parcel(s) of land, together with the buildings and
improvements thereon situated in the City of Makati, and more particularly described as follows:
(Description: state the nature of each piece of land and its improvements, situations and
boundaries, area in square meters, whether or not the boundaries are visible on the land
by means of monuments or otherwise; and if they are, what they consist of, the
permanent improvements, if any, the page number of the assessment of each property
for current year or years when registration is made, the assessed value of the property
for the year)
It is hereby declared that the boundaries of the foregoing land are visible by means of
_______________; that the permanent improvements existing thereon consist of _________ (if none,
state so); that the land is assessed for the current year at P______________ as per Tax Declaration No.
__________, and the buildings and/or improvements , at P____________ as per Tax Declaration No.
_________, of the City Assessor of Makati.
The above described real estate, not having been registered under Act No. 496 nor under the
Spanish Mortgage Law, the parties hereto have agreed to register this instrument under the provisions of
Sec. 194 of the Revised Administrative Code, as amended.
MA YA MAN
Vendor
With my consent:
ASA WA
Vendor’s Wife
(Sgd.) MIRON 1
(Sgd.) MIRON 2
64
O. Deed of Sale with Pacto de Retro (bilateral)

Makati City ) s.s.
DEED OF SALE WITH PACTO DE RETRO
This Deed of Sale with Pacto de Retro made and executed by and between:
MA YA MAN, Filipino, of legal age, married to ASA WA, with residence at

___________________ (VENDOR),
- and -
MA GU LANG, Filipino, of legal age, married to BA TAPA, with residence

at ____________ (VENDEE);
WITNESSETH: That–
The VENDOR is the absolute owner of a certain parcel of land with all the buildings and
improvements thereon, situated in the City of Makati, and more particularly described, as follows:
(Copy technical description in TCT/OCT)
his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the Register of
Deeds of Makati;
The VENDOR, for and in consideration of the amount of _________________ Pesos (P_____), to
him paid by VENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONVEY
under pacto de retro unto the said VENDEE, his heirs and assigns, the property with all the buildings and
improvements thereon, free from all liens and encumbrances whatsoever;
The VENDOR, in executing this conveyance, hereby reserves the right to REPURCHASE, and the
VENDEE, in accepting the same, hereby obligates himself to RESELL the property herein conveyed within
a period of ____ years from date of this deed for the same price of ______________ (P____); Provided,
however, that if the VENDOR shall fail to exercise his right to repurchase as herein granted within the
period provided, then this conveyance shall become absolute and irrevocable, without need of a new
Deed of Absolute Sale, subject to the requirements of law regarding consolidation of ownership of real
property.
MA YA MAN MA GU LANG
Vendor Vendee
With my marital consent: With my marital consent:

ASA WA BA TAPA
(Sgd.) MIRON 1
(Sgd.) MIRON 2
65
P. Deed of Repurchase of land sold under Pacto de Retro

Makati City ) s.s.
DEED OF RESALE
I, MA GU LANG, Filipino, married, of legal age, and resident of _______________, for and in
consideration of _______________ Pesos (P____), to me paid by MA YA MAN, Filipino, of legal age,
married and resident of ___________________, do hereby RESELL, RETRANSFER and RECONVEY unto
said MA YA MAN that certain parcel of land, with all the buildings and improvements thereon, situated at
Makati City, and more particularly described, as follows:
(Copy technical description in title)
covered by Transfer (or Original) Certificate of Title No. ____ of the Registry of Deeds of Makati, and
which property was previously sold to under pacto de retro by the said MA YA MAN on _____________,
executed before Notary Public __________ and bearing Notarial Registration No. ___, Page No. ____,
Book No. ____ and Series of 20__ of his Notarial Register, a copy of which is attached as ANNEX A.
IN WITNESS WHEREOF, I have signed this deed this 7th of July, 2007 at Makati City.
MA GU LANG
Vendor
With my consent:
BA TAPA
Vendor’s Wife
(Sgd.) MIRON 1
(Sgd.) MIRON 2
66
Q. Deed of Sale with Mortgage

Makati City ) s.s.
DEED OF SALE WITH MORTGAGE
This Deed of Sale with Pacto de Retro made and executed by and between:
MA YA MAN, Filipino, of legal age, married to ASA WA, with residence at

___________________ (VENDOR-MORTGAGEE),
- and -
MA GU LANG, Filipino, of legal age, married to BA TAPA, with residence

at ____________ (VENDEE-MORTGAGOR);
WITNESSETH: That–
The VENDOR-MORTGAGEE is the absolute owner of a certain parcel of land with all the buildings
and improvements thereon, situated in the City of Makati, and more particularly described, as follows:
(Copy technical description in TCT/OCT)
his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the Register of
Deeds of Makati;
The VENDOR, for and in consideration of the amount of _________________ Pesos (P_____), to
him paid by VENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONVEY
unto the said VENDEE, his heirs and assigns, the property with all the buildings and improvements
thereon, free from all liens and encumbrances whatsoever;
It is hereby agreed and stipulated that the UNPAID BALANCE OF ____________ Pesos (P____),
of which amount _________________Pesos (P_____) shall be paid by the VENDEE-MORTGAGOR to the
VENDOR-MORTGAGEE at the latter’s residence, as follows:
(State manner of payment)
In order to guarantee the fulfillment of the above obligations, the VENDEE-MORTGAGOR does
hereby MORTGAGE unto the said VENDOR-MORTGAGEE, his heirs and assigns, the property described,
together with all the buildings and improvements thereon, under the express stipulation that if the said
VENDEE-MORTGAGOR shall pay or cause to be paid unto the VENDOR-MORTGAGEE the obligations, then
this Mortgage shall be of no further force and effect; otherwise, the same shall remain in full force and
effect and shall be enforceable in the manner prescribed by law.
MA YA MAN MA GU LANG
Vendor Vendee
With my consent: With my consent:

ASA WA BA TAPA
Vendor’s Wife Vendee’s Wife
(Sgd.) MIRON 1
(Sgd.) MIRON 2
67
R. Dacion en Pago (Deed of Assignment of Real Estate in payment of debt)
DEED OF ASSIGNMENT
This Deed of Assignment, made and executed by and between DAMI UTANG, Filipino, of legal
age, married to ALANG MALAY, with residence at _____________ (ASSIGNOR) and DAMI LUPA, Filipino,
of legal age, married to BIL MOKO, with residence at _______________ (ASSIGNEE), WITNESSETH:
That the ASSIGNOR is indebted to the ASSIGNEE in the sum of ___________ Pesos (P______)
and in full payment and complete satisfaction thereof hereby assign, transfer and convey unto the
ASSIGNEE that certain real estate with all the buildings and improvements thereon, situated in
___________, and more particularly described as follows:
(Description of property assigned)
of which real estate the ASSIGNOR is the registered owner, his title thereto being evidenced by Transfer
(or Original) Certificate of Title No. ____________ of the Register of Deeds of _____________.
That the ASSIGNEE does hereby accept this assignment in full payment of the above-mentioned
debt of ______________ Pesos (P_________).
IN WITNESS WHEREOF, the parties have signed this Deed on 7 July 2007 at Makati City.
DAMI UTANG DAMI LUPA

Assignor Assignee
With my marital consent:

ALANG MALAY BIL MOKO
Assignor’s Wife Assignee’s Wife
68
S. Chattel Mortgage
Republic of the Philippines ) Comment [123]: 1997 Bar Question
Makati City ) s.s.
CHATTEL MORTGAGE
That I, DAMI KOTSE, of legal age, married and resident of Makati, for and in consideration of the
loan of FIVE HUNDRED THOUSAND PESOS (P500,000.00), granted to me by YAMAN NYA, also of legal
age, married and resident of Makati, to be paid one (1) year from date hereof, have transferred and
conveyed by way of chattel mortgage unto said YAMAN NYA, his heirs, successors and assigns, free from
all liens and encumbrances that certain motor vehicle, at present in my possession at my address, more
particularly described as:
Model/Make No./Color : BMW 738i (1998), racing green;

Chassis No. : 00000001111;
Engine No. : 00000001111;
of which I am the true and absolute owner by title thereto, being evidenced by Registration Certificate of
Motor Vehicle No. ______ issued in my name by the Land Transportation Office on
__________________.
This chattel mortgage has been executed in order to secure the full and faithful payment of my
obligation to YAMAN NYA in accordance with the terms and conditions of this instrument; Upon payment,
this contract shall become null and void; otherwise, it shall continue in full force and effect and may be
foreclosed in accordance with law.
IN WITNESS WHEREOF, I have signed this instrument on 7 July 2007 at Makati City.
DAMI KOTSE
Affidavit of Good Faith

We severally swear that DAMI KOTSE, mortgagor, and YAMAN NYA, mortgagee, have executed Comment [124]: Please attach this
the foregoing Chattel Mortgage in order to guarantee as good and binding the obligations mentioned particularly to a chattel mortgage.
above and is not intended to defraud creditors.
YAMAN NYA DAMI KOTSE
Signed in the presence of:
UZI 1 UZI 2
69
VII. APPEALS AND OTHER RESORTS TO APPELLATE COURTS IN CRIMINAL AND CIVIL
PROCEDURE
A. Ordinary appeals
1. in civil cases Feliz Guerrero 8/12/07 2:21 PM
a. from MTC (in original jurisdiction) to RTC (in appellate jurisdiction) Comment [125]: Rules 40, 42, 43, 44, 122
Checklist: Feliz Guerrero 8/12/07 2:21 PM
• 15 days from notice of judgment or final order Comment [126]: Rule 40
• Notice of Appeal (Rule 40, Sec. 3)
o Parties
o Judgment or final order appealed from
o Material dates showing timeliness of appeal
• Proof of payment of appellate court docket and other lawful fees (Rule 40, Sec. 4)
• Memorandum for Appellant and Appellee (Rule 40, Sec. 7)
b. From RTC (in original jurisdiction) to CA

• 15 days from notice of judgment or final order Comment [127]: Rule 41
• Notice of Appeal
• Brief for Appellant
o Subject Index of the matter in brief
o Assignment of Errors
o Statement of the Case
o Statement of the Facts
o Statement of the Issues
o Argument
o Relief
o Copy of judgment or final order appealed from
• Brief for Appellee (same as Brief for Appellant, except copy of judgment)
• Appellant’s Reply Brief
• Memorandum (in special cases)
o Statement of the Case
o Statement of the Facts
o Statement of the Issues
o Argument
o Relief
2. in criminal cases
a. From MTC (as trial court) to RTC (in appellate jurisdiction)
• 15 days from notice of judgment or final order Comment [128]: Rule 122, sec. 1(a)
• Notice of Appeal
• Appellant’s Brief/Memorandum
• Appellee’s Brief/Memorandum
b. From RTC (as trial court) to CA

• 15 days from notice of judgment or final order Comment [129]: Rule 122, sec. 1(b), sec.
• Notice of Appeal 3(a)
• Appellant’s Brief/Memorandum
• Appellee’s Brief/Memorandum
c. From RTC (as trial court) to SC

• 15 days from notice of judgment or final order Comment [130]: Rule 122, sec. 3(c); the
• Notice of Appeal ONLY instance when an ordinary appeal
from the RTC is with the Supreme Court
• Appellant’s Brief/Memorandum and where resort is made by simple notice
• Appellee’s Brief/Memorandum of appeal; the only ground is where the
penalty imposed is reclusion perpetua or
life imprisonment or where a lesser penalty
is imposed but involving offenses
committed on the same occasion or arising
out of the same occurrence that gave rise
to the more serious offense for which the
penalty of death or life
imprisonment/reclusion perpetua is
imposed.
70
B. Petitions for Review
1. From RTC (as appellate court) or from quasi-judicial agencies to CA Feliz Guerrero 8/12/07 2:21 PM
Checklist: Comment [131]: Rules 42, 43, 45, 122
• 15 days from notice of judgment or final order Feliz Guerrero 8/12/07 2:21 PM
• extension of 15 days only Comment [132]: Rules 42 and 43
• Full names of petitioner and respondent Feliz Guerrero 8/12/07 2:21 PM
• Statement of Material Dates Comment [133]: Rule 42, sec. 1; Rule 43,
• Statement of Material Averments sec. 4
• Statement of Issues, Errors of Fact or Law
• Argument
• Verification and Certification against Forum Shopping
• Attachments
o Certified true copy or duplicate original copy of judgment/final order questioned
o Clear and legible copy of all pleadings and other material portions of the record
• Proof of Service and Explanation for Service by Registered Mail (if applicable)
Comment [134]: Rule 13, section 13
2. From RTC (on pure questions of law) or CA (in appellate jurisdiction) to SC
• 15 days from notice of judgment or final order Comment [135]: See also Rule 122, sec.
• extension of 30 days 1(b); Rule 45, sec. 4
• Names of petitioner and respondent (without impleading the lower court/judge/justice) Feliz Guerrero 5/29/07 2:39 PM
• Statement of Material Dates Comment [136]: Rule 45, sec. 2
• Material Allegations, Reasons or Arguments for allowance of petition
• Verification and Certification against Forum Shopping
• Attachments
o Certified true copy or duplicate original copy of judgment/final order questioned
o Clear and legible copy of all pleadings and other material portions of the record
• Proof of Service and Explanation for Service by Registered Mail (if applicable)
Comment [137]: Rule 13, section 13
71

Theodore TE Reviewer

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Theodore TE Reviewer

Uploaded by

Copyright:

Available Formats

PLEADINGS, PETITIONS, MOTIONS AND OTHER

JUDICIAL AND LEGAL FORMS

II. PLEADINGS AND OTHER LEGAL DOCUMENTS IN CIVIL PROCEDURE

III. PLEADINGS AND OTHER LEGAL FORMS IN CRIMINAL PROCEDURE

V. PLEADINGS AND LEGAL DOCUMENTS ON DOMESTIC CASES AND SPECIAL

VI. DEEDS, CONTRACTS AND OTHER CORPORATE LEGAL DOCUMENTS

“Therefore, its name was called Babel, because

What this short introduction to the accompanying handbook of Pleadings, Petitions,

Other just and equitable reliefs are also prayed for.

NOTE: Pleadings required to be verified

E. Certification against Forum Shopping

IN WITNESS WHEREOF, I have signed this instrument on _____________.

(Sgd.) C.K. HILFIGER

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

IN WITNESS WHEREOF, I have signed this instrument on _____________.

(Sgd.) C.K. HILFIGER

H. Request for and Notice of hearing

(Sgd.) MITCH MCDEERE

I. Proof of personal service

Copy furnished through personal service:

Atty. Mitch McDeere

Copy furnished through registered mail:

That on ______________________, I served a copy of the following pleadings/papers by

(Sgd.) HARPER LEE

City of Manila, 13 April 2007.

Atty. Mitch McDeere

Quezon City, 2 May 2007.

(Sgd.) MITCH MCDEERE

PLAINTIFF, by counsel, respectfully states that:

Other just and equitable reliefs are also prayed for.

[6] Quezon City; 13 April 2007.

PLAINTIFF, by counsel, respectfully states that:

PLUS: [8] Verification and Certification against Forum Shopping

Plaintiff, by counsel, respectfully states that:

[6] Quezon City for Makati City; 13 April 2007.

[7] (Sgd.) MITCH MCDEERE

PLUS: [8] Verification and Certification against Forum Shopping

PLAINTIFF, by counsel, respectfully states that:

[6] Quezon City for Pasig City; 13 April 2007.

[7] (Sgd.) ATTICUS FINCH

PLUS: [8] Verification and Certification against Forum Shopping

DEFENDANT, by counsel, respectfully states that:

5.1. Plaintiff has no capacity to sue as it is a foreign corporation doing business

6.1. Moral Damages amounting to One Million Pesos (PHP1,000,000/00)

6.2. Attorney’s Fees amounting to One Hundred Thousand Pesos (P100,000.00)

Other just and equitable reliefs are prayed for.

[8] (Sgd.) MITCH MCDEERE

[9 & 10] VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

[7] Quezon City; __________________.

[8] (Sgd.) MITCH MCDEERE

2.2.2. Extinguishment of the alleged claim made by the entity Regency

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

IV. ISSUES TO BE TRIED

4.1.1. Plaintiff’s personality to seek legal relief;

4.2.1. Plaintiff’s bad faith in filing this suit;

[6] 5.1. Defendant intends to present the following witnesses:

5.1.2. An employee of Topless Enterprises with personal knowledge as to the

VI. RESORT TO DISCOVERY

Quezon City; 13 April 2007.

(Sgd.) MITCH MCDEERE

Other just and equitable reliefs are also prayed for.

Quezon City; 13 April 2007.

(Sgd.) MITCH MCDEERE

[4] REQUEST FOR & NOTICE OF HEARING