BAR QUESTIONS FOR LEGAL ETHICS XX ON LEGAL FORMS

1990 – 1993

1990

1. Prepare a complaint for the collection of sum of money in behalf of your

client Jose Santos against Pedro Luz for the amount of P50,000.00 bases
on a promissory note. Omit caption and title and do not sign or use your
name as counsel. Use a fictitious name.

SUGGESTED ANSWER:

COMES NOW, the plaintiff JOSE SANTOS through the undersigned

counsel in the above-entitled case and to this Honorable Court respectfully
alleges;

1. That JOSE SANTOS is a Filipino citizen of legal age and married residing
at No. 3 Sta. Cruz St., Manila and that PEDRO LUZ, the defendant is a
Filipino citizen of legal age and residing at No. 10 Arlegul Street, Manila
where he may be served with summons;

2. That on August 1, 1990 PEDRO LUZ executed a promissory note in favor

of herein plaintiff in the amount of P50,000.00 payable within 30 days from
the date of the promissory note which reads as follows:

Manila Philippines
1 August 1990

(copy of the said promissory note is attached hereto and made an integral
part hereof as Annex “A”)

3. That the 30-day period has elapsed and despite demands orally and in
writing by the plaintiff, defendant refused and failed to pay the amount
stated in the promissory note.

4. That due to the unjust and unlawful refusal of defendant to comply with the
demands, plaintiff was compelled to file the instant action engaging the
services of counsel in the amount of P10,000.00.

WHEREFORE, it is respectfully prayed that after due trial judgment be rendered

against defendant to pay the sum of P50,000.00 plus interest and attorneys fees
and such other reliefs, this Honorable Court may deem just.

Manila, August 30, 1990

PETER YAN
Counsel for the Plaintiff
P.T.R No. 5983
Dated January 5, 1990
IBP O.R. No. 79890
January 5, 1990
562 Escolta, Manila
2. Prepare an answer as counsel for Pedro Luz denying the validity and due
execution of the promissory note and, if at all, alleging payment. Again
omit caption and title, and use fictitious name.

SUGGESTED ANSWER:

ANSWER

COMES NOW, the defendant in the above entitled case through

undersigned counsel and to this Honorable Court respectfully alleges;

1. That he admits paragraph 1 of the complaint;

2. That he denies the allegations in paragraphs 2 and 3 of the complaint as he

never signed any promissory note in favor of the plaintiff;

3. That he has no sufficient knowledge to form a belief as to the truth of the

allegations in paragraph 4 of the complaint and therefore denies them.

AS COUNTERCLAIM

4. That due to the filing of the entirely baseless and unjustified complaint without
any valid cause of action, defendant’s reputation was destroyed causing him
sleepless nights and mental stress, suffering mental and moral damages in
the amount to be assessed by the Honorable Court;

5. That the defendant in order to defend himself from the unfounded suit had to
engage the services of counsel in the amount of P20,000.00.

WHEREFORE, it is respectfully prayed that the complaint be dismissed

and defendant be allowed to introduce evidence on his counterclaim or mental
and moral damages and to collect such amount including attorney’s fees.

Manila, Philippines, October 1, 1990

PERICLES SANTO
Counsel for Defendant
PTR OR No. 7778
IBP OR No. 9784
562 Escolta, Manila

VERIFICATION

PEDRO LUZ, of legal age, after having been duly sworn, deposes and says: that
he is the defendant in the above-entitled case; that he caused the preparation of
the above-entitled answer; that he has read the allegations thereof and the same
signature in the promissory note attached to the complaint and purporting to be
his signature is not his signature and such signature is a forgery, he not having
executed said alleged promissory note.

WITNESS my hand this 1st day of October, 1990.

PEDRO LUZ
 SUBSCRIBED AND SWORN to before me this 1st day of October, 1990 at
Manila, affiant exhibiting to me his Residence Certificate No. 123456 issued in
Manila on January 15, 1990.

Notary Public
Until Dec. 13, 1990
IBP No. 54689 issued on
June 15, 1990 at Pasig
PTR No. 98590 issues on
January 20, 1990 at Manila

Doc. No. 25
Page No. 6
Book No. 1
Series of 1990

3. The prosecutor charged Eleonor Lee with violating a city ordinance before
the Regional Trial Court (RTC) of Manila, Branch 47. Eleonor Lee’s lawyer,
Atty. MaykoLiwanag, seeks to quash the information on the ground that the
RTC has no jurisdiction over the offense charged.

Prepare a motion to quash.

SUGGESTED ANSWER:

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MANILA, BRANCH 47

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. _____

Plaintiff,

-versus- FOR: VIOLATION OF CITY

ORDINANCE NO. 5

ELEONOR LEE,
Defendant.

x--------------------------------------------------/

MOTION TO QUASH

COMES NOW, the Accused through undersigned counsel in the above-

entitled case and to this Honorable Court, respectfully moves to quash the
information filed by the Fiscal of Manila on the ground that:

THIS HONORABLE COURT HAS NO JURISDICTION OF THE CASE.

 ARGUMENT

City Ordinance No. 5 imposes a maximum penalty of 6 months imprisonment and

P1,000.00fiine which is within the exclusive jurisdiction of the City Court of
Manila.

WHEREFORE, it is respectfully prayed that the information be quashed and the

Accused be released immediately from detention.

Manila, Philippines, October 1, 1990

JUAN TAMAD
Counsel for the Accused
PTR No. 77756
IBP No. 57789
562 Escolta St., Manila

NOTICE OF HEARING

The Clerk of Court

Regional Trial Court of Manila
Branch 47

Please set the forgoing Motion to Quash for hearing on Friday, October 5,
1990 at 9:00 A.M. or as soon as counsel may be heard.

JUAN TAMAD

Copy furnished

City Prosecutor
City Hall, Manila

1991

1. CD, married to HR, sold their parcel of land located in Ayala Heights,
Quezon City to DX for the amount of P500,000.00. The land is more
particularly described in Transfer Certificate of Title No. 45678 in the
Registry of Deeds of Quezon City. The parties agreed that all expenses for
taxes, registration, transfer and association dues are for the account of DX.
Prepare the contract of sale. Use a fictitious name for the notary public. (Do
not specify the metes and bounds of the property; just state the TCT no.
and the location).

SUGGESTED ANSWER:
DEED OF SALE OF REAL ESTATE
KNOW ALL MEN BY THESE PRESENTS:

CD, married to HR, Filipino citizens and residents of Ayala Heights, Quezon City,
hereinafter known as the VENDORS and DX, Married to Y, Filipino citizens
residents of No. 12 San Andres, Manila, herein after known as
the VENDEES have entered into this contract of sale as follows:

1. That the VENDORS are the owners in fee simple title of a parcel of residential
land containing an area of 1,000 square meters and covered by Transfer
Certificate of Title No. 45678 of the Registry of Deeds of Quezon City;
2. That for and in consideration of the sum of P500,000 duly acknowledge and
received by these presents, the VENDORS hereby sell, cede and convey by
way of absolute sale to the herein VENDEES, the aforesaid described
property;
3. That it is further agreed that all expenses for taxes, registration, transfer and
association dues are for the account of DX;

IN WITNESS WHEREOF we have hereunto set our signatures this 29th day of
September 1991 in Quezon City.

DX CD
Vendee Vendor

With my marital consent:

HR

__________________________ __________________________
Witness Witness

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)

) S.S
Quezon City )

On this 29th day of September 1991 personally appeared before me CD, HR,
AND DX known to me to be the same persons who executed the foregoing deed
and acknowledged that it is their free act and voluntary deed and exhibiting to me
their Residence Certificates ad Tax Account Numbers as follows:

__________________________ __________________________
__________________________ __________________________
__________________________ __________________________

In Witness Whereof, I have hereunto set my signature and seal on the day above
stated.

JUAN SANTOS
 Notary Public
My Commission expires
December 31, 1991

Doc. No. _______ ;

Page No. _______ ;
Book No. _______ ;
Series of 1991.

2. A complaint for knowingly rendering an unjust judgment was filed against

Judge X before the Provincial Prosecutors Office. Z, the investigation
prosecutor, found a prima facie case against X. Prepare the information.
Omit the caption.

SUGGESTED ANSWER:

Undersigned Fiscal charges Judge X of the Regional Trial Court of Manila of the
crime knowingly rendering unjust judgment punishable under Article 204 of the
Revised Penal Code committed as follows:

That on or about August 1, 1991, Judge X, Regional Trial Court of Manila

dismissed a charge of rape of a 12 year old girl filed against Juan on the basis of
an affidavit of desistance of the victim, knowing fully well that in the crime
statutory rape consent of the victim is invalid.

Contrary to law.

JUAN CRUZ
Assistant Fiscal

CERTIFICATION

I hereby certify that a preliminary investigation on this case has been conducted
by me in accordance with law; that there is a reasonable ground to believe that a
crime has been committed and the accused is probably guilty thereof; that the
accused was informed of the complaint and of the evidence submitted
against him and was given an opportunity to submit controverting evidence, and
that the filing of this information is with prior authority and approval City Fiscal.

Manila, September 1, 1991.

JUAN CRUZ
Assistant Fiscal

SUBSCRIBED AND SWORN to before me this 1st day September 1991 in the
City of Manila.

PEDRO SISON
 City Fiscal

List of Witnesses
Bail Recommended P50, 000.

3. Jocot asks you to prepare a negotiable promissory note wherein the

promissor, Bryan, binds himself to pay a loan of P50,000.00 in five (5) equal
monthly installments commencing on October 1991; payable not later than
the 20th day of each month, with interest at ten percent (10%) per annum.
He wants you to include an acceleration clause, and stipulations regarding
attorney’s fees of P5,000.00 in the event of suit to enforce the note and on
venue of action which shall only be in the appropriate court in Cebu City.
Prepare the requested promissory note.

Bryan failed to pay the promissory note referred to in letter A above. Jocot
decided to file a complaint against Bryan to enforce the note and hired the
services of George, a young lawyer, for that purpose. You are George,
prepare the complaint.

SUGGESTED ANSWER:

A.

I, Bryan, Filipino citizen, of legal age and resident of Manila promise to pay
JOCOT or order the sum of P50,000.00 in five equal installments commencing
on October 1, 1991, payable not later that the 20th day of each month, with
compounded interest at ten percent (10%) per annum; that in the event of a suit
to enforce the promissory note, I promise to pay P5,000 as attorney's fees; and
that satisfaction shall be filed in an appropriate court in Cebu City.

Cebu City, September 1, 1991.

BRYAN

B.

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
CEBU CITY

JOCOT,
Plaintiff,

-versus- FOR THE SUM OF MONEY

Civil Case No. 2
BRYAN,
Defendant.
 X-----------------------------------------------------X

COMPLAINT

COMES NOW the plaintiff through the undersigned counsel and to this
Honorable Court, respectfully alleges,

1. That plaintiff, JOCOT is a Filipino citizen, married and resident of Cebu

City and defendant BRYAN, is a Filipino citizen and resident of No.
2 Osmeña Street, Cebu City where he may be served with summons:

2. That on September 1, 1991, defendant executed a promissory note in

favor of the plaintiff in the amount of P50, 000 to be paid within a
period of five months from October 1, 1991. A copy of said promissory
note is hereto attached as Annex of this complaint;

3. That the period of five months had

already expired and defendant failed to pay said promissory note;

4. That despite repeated demands both oral and written, defendant still
failed and refused to pay said promissory note;

5. That the plaintiff was constrained to file this suit to enforce said
promissory note engaging the services of counsel in the amount of
P5,000;

6. That the amount due from defendant in accordance with said

promissory note is P50, 000 plus compounded interest of 10% per
annum plus attorney's fee in the amount of P5, 000.

WHEREFORE, it is respectfully prayed that after due trial, defendant be

ordered to pay the plaintiff P50, 000 plus compounded interest of 10% per
annum and P5, 000 attorney's fees.

GEORGE
Counsel for Plaintiff
PLT No. 5798
IBP OR No. 6790

4. Prepare an Affidavit of Good Faith in a Chattel Mortgage with A as

mortgagor, B as mortgagee, and Mabel Riza as the notary public.

SUGGESTED ANSWER:

AFFIDAVIT OF GOOD FAITH

REPUBLIC OF THE PHILIPPINES )

) S.S.
City of Manila )
 We A as mortgager and B as mortgagee severally swear under oath the
foregoing chattel mortgage was executed by us for securing a good and valid
obligations and not for the purpose of committing fraud.

A B
Mortgager Mortgagee

SUBSCRIBED AND SWORN to before me this 1st day of September

1991 in the City of Manila affiants having exhibited me their Residence Certificate
Nos. _________ and Tax Account Nos. ___________ .

MABEL RIZA
Notary Public
My Commission expires
December 31, 1991.

Doc. No. _______ ;

Page No. _______ ;
Book No. _______ ;
Series of 1991.

1992

1. Prepare a petition for habeas corpus on behalf of Major Solar who has been
arrested by superior police authorities and detained at the Police Sub-
Station 5 of Quezon City since August 30, 1992 for participation in a
robbery with homicide case.

SUGGESTED ANSWER:

Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 1
Quezon City

IN THE MATTER OF THE

APPLICATION FOR HABEAS CORPUS
IN BEHALF OF MAJOR R. SOLAR,

MARY SOLAR,
Petitioner,

-versus-

JOSE CRUZ
Superintendent, PHILIPPINE NATIONAL POLICE
Respondent.
x-------------------------------------------------------//

PETITION

Comes now the petitioner, by her undersigned counsel and to this

Honorable Court respectfully states:

1. That petitioner of legal age, Filipino citizen, is the wife of MAJOR R.

SOLAR, residing at 177 Mayon, Quezon City; that respondent is the
incumbent Superintendent of the Philippine National Police, Quezon
City with office at City Hall, Quezon City, where he may be served with
summons and other court processes;

2. That on August 30, 1992 Major R. Solar of the PNP, Quezon City while
holding office was arrested by superior police authorities for alleged
participation in a robbery with homicide in Quezon City;

3. That since then Major R. Solar was detained at the Police Sub-Station
5, Quezon City, without any formal charge filed against him;

4. That Major R. Solar had not participated in the alleged robbery with
homicide hence his arrest and detention is without lawful cause;

5. That Major R. Solar is restrained of his liberty without due process of

law;

WHEREFORE, in view of the foregoing, it is respectfully prayed that this

Honorable Court:

1. Order respondent and/or his agents to appear before this Honorable Court
and produce Major R. Solar and forthwith explain why he should not be
released from detention immediately;

2. Declare his arrest and detention as invalid and unconstitutional.

Petitioner further prays for such other relief and remedy as this Honorable
Court may deem just and equitable.

Quezon City, Philippines

September 26, 1992.

CRUZ Law Office

by J. CRUZ
PTR No.
IBP receipt no.

VERIFICATION

Mary Solar after having been duly sworn in accordance with law hereby
states:

That she is the petitioner in the above-entitled case;

That she has caused the filing of the petition and the contents thereof are
true and correct.
 Quezon City, 23, September, 1992.

MARY SOLAR
Petitioner

Subscribed and sworn to before me this 26th day of September 1992 at

Quezon City, affiant having exhibited to me her Residence Certificate No. 52789,
issued at Quezon City on January 4, 1992.

P. SOLIVEN
Notary Public
Until December 31, 1992

Doc. No. _________

Page No. _________
Book No. _________
Series of 1992

2. Prepare a petition for reconstitution of the original copy of TCT No.

9213645 in the name of Lina Ochoa which was burned when the Office of
Registry of Deeds of Quezon City was razed to the ground on June 11,
1992.

SUGGESTED ANSWER:

Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 1
Quezon City

JUAN V. PEREZ,
Petitioner,

-versus-

PEDRO E. SISON,
REGISTER OF DEEDS
Quezon City

PETITION FOR RECONSTITUTION

OF TRANSFER CERTIFICATE OF TITLE

Comes now the petitioner, by her undersigned counsel and to this

Honorable Court respectfully states:

1. That petitioner of legal age, married, Filipino citizen and residing at 107
Malaya, Quezon City; that respondent Pedro Sison is the Register of
 Deeds of Quezon City, Quezon City Hall where he may be served with
summons and other court processes;

2. That petitioner is the registered owner of a parcel of land located at

Malaya Street, Quezon City and covered by Transfer Certificate of Title
No. 7984, Registry of Deeds of Quezon City, free of any encumbrance;

3. That on June 11, 1992 the office of the Register of Deeds of Quezon
City was burned and all the Torrens titles in the said office including
T.C.T. No. 7984 were burned;

4. That said T.C.T. was never mortgaged or sold to anyone;

WHEREFORE, it is respectfully prayed that the Register of Deeds of

Quezon City issue a reconstituted Original Title based on the owner’s Duplicate
Certificate of Title hereto attached in the name of herein petitioner.

Quezon City, September 26, 1992.

PEDRO CRUZ
Counsel for Petitioner
P.T.R. No. _______
I.B.P. O.R. _______

Subscribed and sworn to before me this 26th day of September 1992 by

JUAN PEREZ, exhibiting to me his Residence Certificate No. 12346, issued at
Quezon City on January 4, 1992.

JUAN CRUZ
Notary Public
Until December 31, 1992

Doc. No. _________

Page No. _________
Book No. _________
Series of 1992

3. Roy Alvarez filed a complaint for damages against Erwin Bracia, docketed
as Civil Case No. 92-31046 of the Regional Trial Court of Caloocan City.
Said case is scheduled for pre-trial on October 5, 1992. Since Roy Alvarez
cannot attend the pre-trial, he authorized his lawyer, Atty. Albert Florentino,
to represent him therein with full power and authority.

Prepare the corresponding special power of attorney.

SUGGESTED ANSWER:

POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

 1. That, I, ROY ALVAREZ, Filipino citizen, of legal age and residing at
179 Rizal, Caloocan City have filed a complaint for damages against
Erwin Bracia. Civil Case No. 17896, Regional Trial Court of Caloocan
City;

2. That said case was scheduled for pre-trial on October 5, 1992 at 9:00
a.m.;

3. That in view of the fact that I cannot attend said pre-trial because I am
making a business trip to Japan, I have authorized by these presents
my counsel, Atty. Alberto Florentino to represent me and giving him full
powers to enter into pre-trial and stipulate facts in accordance with law;

IN WITNESS WHEREOF, I have hereunto set my signature this 26 th day

of September 1992 at Caloocan City, Metro Manila.

ROY ALVAREZ
Affiant

Signed in the presence of

__________________________ and _____________________________

ACKNOWLEDGMENT

Republic of the Philippines]

Caloocan City ]S.s.

On this 26th day of September 1992, in the Caloocan City, Roy Alvarez
personally appeared before me, and known to me and to me known to be the
same person who executed the foregoing instrument, and acknowledged to me
that it is his free act and voluntary deed. He exhibited to me his Residence
Certificate No. 79112, issued at Caloocan City on January 4, 1992, and TIN No.
79512.

Doc. No.:_____ Notary Public

Page No.:_____ Until December 31, 1992
Book No.:_____