2. INFORMATION - MURDER.

Republic of the Philippines

National Capital Judicial Region
 REGIONAL TRIAL COURT
Branch 147
Makati City

PEOPLE OF THE PHILIPPINES,

                   

Plaintiff,
        Crim Case No. 123456        
  versus-                                           for: Homicide

AKU SADO,  
        Accused.
x - - - - - - - - - - - - - - - - - - - - -x

INFORMATION 
      The undersigned Assistant City Prosecutor hereby accuses Aku Sado of
the crime of Homicide committed as follows:

      That on or about August 12, 2013, Makati City within the jurisdiction of
this court, the said accused, armed with a bladed weapon, with intent to kill,
did then and there willfully,unlawfully and feloniously attack, assault and
stab one VIC TIMA, thereby inflicting upon him a fatal wound which directly
caused his death. 

      Contrary to law.

       Makati, Philippines, August 22, 2013.

                                                               ATTY. BEN TONG
                                                               Private Prosecutor

WITNESSES:

MARIA MAKILING                      JUAN TAMAD

 CERTIFICATION

      I hereby certify that a preliminary investigation was conducted in the

above-entitled case, and there is prima facie evidence that the crime of
Homicide has been committed and that the accused is probably guilty
thereof.

                                                                  ATTY. BEN TONG
                                                                 Private Prosecutor

Bail Recommended: None

3. PETITION FOR CERTIORARI
I.                  PREFATORY STATEMENT.

1.      This petition respectfully seeks the review by this Honorable Court of

the ORDER, dated xxx, issued by the Hon. Xxx, Presiding Judge of the
Regional Trial Court (RTC), Branch xxx , of  xxx City by way of
Certiorari under Rule 65.

1.1.           A certified true copy of which is attached hereto as Annex “A”

hereof, with sub-markings.

2.    The petitioner respectfully submits that the Public Respondent acted

without or in excess of her jurisdiction or with grave abuse of discretion
amounting to lack or excess of jurisdiction in the issuance of the questioned
Order.

3.     There is no appeal or any plain, speedy, and adequate remedy in the
ordinary course of law in seeking the reversal or nullification of the said
Order except this Rule 65 Petition.

4.    This Petitioner submits that this Petition is meritorious, is not being

prosecuted manifestly for delay, and it raises substantial questions that
require consideration by this Honorable Court (Sec. 8, Rule 65).   

X x x.

II.               ISSUE.

5.     The sole issue in this Petition is:

WHETHER THE PUBLIC RESPONDENT COMMITTED GRAVE ABUSE OF
DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION IN
ISSUING THE QUESTIONED ORDER, DATED xxx.

III.           DISCUSSION.

6.    The herein Petitioner admits the general doctrine on appeals in

Ejectment Cases (i.e., “general” in the sense that they are subject
to exceptions) is that, under Rule 70, to perfect an appeal within the 15-day
appeal period, three (3) things must be complied with by the Appellant:

6.1.          Filing of the Notice of Appeal with the MeTC, with payment

thereat of the corresponding Appeal Fees;

6.2.        Supersedeas Bond equivalent to the value of the damages awarded

by the MeTC (actual damages, attorney’s fees, and costs of suit); and

6.3.         Regular deposits with the Appellate Court (i.e., RTC) of the

amounts of the monthly rentals determined by the MeTC.

7.     The herein Petitioner admits that she failed to comply with the above
requirements.

7.1.          The petitioner failed to post a supersedeas bond in the MeTC

within the 15-day appeal period.

7.2.         The Petitioner failed to make regular deposits of the monthly

rentals awarded.
8.    Although it is ideal to post the Supersedeas Bond at the MeTC level
within the 15-day appeal period, there are jurisprudence where the Supreme
Court had, in the past, allowed the delayed posting thereof at the RTC
(appellate)-level.

8.1.          In the case of the Petitioner, considering her old age, sicknesses,
disabilities, financial straits, and economic sufferings, assisted by her new
Counsel, she filed with Branch 253 (appellate court) the
aforementioned “urgent verified motion for reduction…”. (Annex “E”, supra).

8.2.        The objective of her motion was precisely to comply with the

requirements of Supersedeas Bond and Regular Deposits of Monthly
Rentals of Rule 70, albeit on a reduced amount, subject to motion hearings
in and the merciful approval of Branch 253.

8.3.         The spirit was to invoke the sense of compassion justice of Branch

xxx to allow her to post a reduced Bond and Monthly Deposits.

8.4.        At the time of the filing by Petitioner of the said “urgent verified
motion for reduction …” only one (1) month had lapsed from the end of the
15-day appeal period.

8.5.         The issue of complying with the requirement of making regular

deposits was minor and insignificant and not substantially harmful to the
Private Respondent as of that time.

9.    The Public Respondent  held, in her questioned Order, dated xxx, that
she could have positively considered the plight of the Petitioner had the
latter filed her motion for reduction of supersedeas bond much earlier –
without clearly mentioning the proper time to do so.

9.1.          The Public Respondent considered against the Petitioner the fact

that the Petitioner had filed her motion for reduction of supersedeas bond
almost one (1) month (actually, 27 days, per the computation of
undersigned Counsel) from the end of the 15-day appeal period.

10.                        The Public Respondent gravely abused her discretion in

ruling:

(a) That the motion for reduction of supersedeas bond should be filed within
the 15-day appeal period, or

(b) That the appellate court (RTC) had no power to exercise its sound
discretion to entertain and approve a belated motion for reduction of
supersedeas bond while the appeal is pending before it.

11.  Nothing in Rule 70 supports the restrictive conclusions of Public

Respondent.

11.1.       On the contrary, Sec. 6, Rule 1, of the Rules of Court speak

of liberality (to read as compassionate justice) in court litigations. Thus:

SEC. 6.  Construction.—These Rules shall be liberally construed in order to

promote their objective of securing a just, speedy and
inexpensive disposition of every action and proceeding.

12.RTC (APPELLATE COURT IN EJECTMENT APPEALS) MAY APPROVE

MOTIONS RELATED TO ALL ISSUES INVOLVING (A) THE MATTER OF
SUPERSEDEAS BOND AND (B) THE MATTER OF REGULAR MONTHLY
DEPOSITS.  

In the case of Planas vs. Judge Ernesto A. Reyes, RTC Branch III, Pasay
City, A. M. RTJ-05-1905, February 23, 2005, the Supreme Court:
(1) allowed the appellate RTC Judge to exercise its sound judgment or
discretion in approving the supersedeas bond filed before it;

(2) affirmed the denial by the appellate RTC Judge of the immediate
execution of ejectment judgment for lack of compelling reasons, despite
posting of the required supersedeas bond with the appellate RTC.

12.1.      The real issue in the said case was whether or not immediate
execution could be had after defendant-appellant has perfected its appeal
but failed to post a supersedeas bond before the trial court.

12.2.    Sec. 19 of Rule 70 of the Revised Rules of Civil Procedure speaks of

immediate execution in case of failure of defendant to perfect and appeal
within the mandatory appeal period.

12.3.     In the said case, the Supreme Court stated that the plaintiff tarried
and did not immediately file a motion for execution below upon the rendition
and before defendant-appellant perfected its appeal.  Rather the plaintiff
allowed the defendant to perfect its appeal leaving the trial court without
option but to elevate the case for review to the Regional Trial Court.

12.4.    It was held that after the perfection of an appeal, the lower court
can no longer require the filing of a supersedeas bond and execution based
thereon is void. (citing Singson v. Babida, 79 SCRA 111). 

12.5.     With the approval by the appellate court (RTC), in the exercise of its
sound judgment or discretion of the supersedeas bond posted by the
defendant-appellant and it appearing that there was “no compelling and
urgent reason to order immediate execution pending appeal”, the motion for
immediate execution of the judgment of the MeTC should be denied, the
Supreme Court held.
12.6.    The abovecited case supports the EXERCISE OF DISCRETION by the
RTC (appellate court in Ejectment Appeal) on: 

(a) Approval of the supersedeas bond to stay execution; and

(b) Denial of execution pending appeal for lack of compelling reasons shown.

13. In the case of Tagulimot vs. Makalintal and Tanangunan, 85 Phil 40,
reiterated   in  Acibo vs. Hon. Higinio Macadaeg, et. al, G. R. No. L-19701,
June 30, 1964, the Supreme Court ruled that the RTC may allow the filing of
the supersedeas bond (which should have been filed in the MeTC) if the
judgment is not yet executed and, to this end, the RTC has the discretion to
allow a reasonable time within which the supersedeas bond may be filed. 
The discretion is to allow or deny a supersedeas bond.

14. In the case of Quan vs. Sheriff of Manila, et. al., G. R. No. L-27160,  
May 30, 1974,  the Supreme Court ruled while Section 8 of Rule 70 requires
the filing of a supersedeas bond with, and its approval by, the inferior court,
it was been held that the RTC, which has acquired jurisdiction over the case
by the perfection of the appeal , has the power to permit the appellant to
post the supersedeas bond which he had failed  to submit to the inferior
court.

15. In the case of Galan Realty Co., Inc. vs. Hon. Arranz, et. al, A. M. No.
MTJ-93-878, October 27, 1994, the Supreme Court ruled that the RTC, in its
discretion and “upon good cause shown”, as the appellate court in Ejectment
Appeals, may allow the defendant to file the supersedeas bond in the said
court.

16.COMPASSIONATE JUSTICE. –
The doctrine of social and compassionate justice is so well enshrined in our
Jurisprudence that it needs no voluminous citations.

16.1.      Equity considerations provide an exception to technical and

restrictive interpretation of procedural rules. Equity is justice outside the
law.

16.2.    Equity is ethical rather than juridical.

16.3.     It belongs to the sphere of morals than of law. 

16.4.    It is  grounded on the precepts of conscience and not on any

sanction of positive law.

16.5.     Weighed in the scales of justice, conscience and reason tip in favor

of the herein Petitioner who is old, sickly, widow, jobless, poor, and helpless.

16.6.    Social and compassionate justice dictate that her case be considered

with mercy and compassion.

16.7.     Indeed, equity should be accorded due weight because the

administration of justice is:

(a) not only secundum rationem (according to reason) but

(b) also secundum caritatem (according to charitable heart).

17. PENDENCY OF RELATED CIVIL CASE (Civil Case No. xxx-0091). –

The herein Petitioner admits the doctrine that, as a general rule, the
pendency of an ordinary civil action involving ownership, quieting of title,
and similar issues will not suspend or enjoin the enforcement of a final and
executory Ejectment Decision. But admits of exceptions, in the interest of
justice.

18. In the first place, the MeTC Decision is not yet final and executory.

18.1.      It is still under appeal in Branch xxx.

18.2.    The parties in the Ejectment Appeal have yet to file their respective
Memoranda in Branch xxx.

19.EXCEPTION:

The case of MID PASIG LAND DEVELOPMENT CORPORATION vs. COURT OF

APPEALS, HON.RODRIGO B. LORENZO, in his capacity as Presiding Judge of
RTC-Pasig City, Branch 266 and ROCKLAND CONSTRUCTION COMPANY,
INC., G.R. No. 153751, October 8, 2003, is illuminating.

19.1.      Litis Pendentia. - In order to sustain a dismissal of an action on the

ground of litis pendentia, the following requisites must concur:

(a) identity of parties, or at least such as representing the same  interest in

both actions;

(b) identity of rights asserted and relief prayed for, the relief being founded
on the same facts, and
(c) identity in the two cases should be such that the judgment that may be
rendered in the pending case would, regardless of which party is successful,
amount to res judicata in the other.

19.2.     In the said case, the Supreme Court noted that a perusal of the
“complaint for specific performance” shows that its main purpose was “to
prevent petitioner from ejecting respondent from the leased property”. 

19.2.1.          Although the complaint sought to compel petitioner to execute

a formal lease contract, “its ultimate intent is to preclude petitioner from
filing a complaint for ejectment and for respondent to maintain possession of
the property”, the Supreme Court noted. 

19.2.2.        The right to the execution of a formal agreement was hinged

upon the more fundamental issue of “whether respondent has a right to the
possession of the property under the alleged implied contract of lease”, the
Supreme Court stated. 

19.2.3.         In other words, according to the Supreme Court, the central

issue to be resolved in the “specific performance case” unmistakably boiled
down to respondent’s “right to continued possession of the premises, which
issue is essentially similar, if not identical, to the one raised in the unlawful
detainer case before the MeTC”.

19.3.     Hence, the Supreme Court in the abovecited case held that the
Court of Appeals erred in finding that “RTC Civil Case No. 68213 and MeTC
Civil Case No. 8788 have different causes of action”. 

19.3.1.          The ultimate relief sought in the RTC was not really “to compel
the defendant to formalize in a public instrument its lease agreement with
plaintiff” but “to enjoin petitioner from filing the proper action for
respondent’s ejectment so that it could remain in possession of the
property”, the Supreme Court stated. 
19.3.2.         This was evident in respondent’s prayer in the “complaint for
specific performance”, where it expressly sought for the issuance of an order
from the trial court “prohibiting defendant from instituting any action for the
ejectment of plaintiff from the leased premises”, the Supreme Court noted.

19.4.    Since the “question of possession” of the subject property is at the

“core of the two actions”, the Supreme Court stated that the parties in the
said case were actually litigating over the “same subject matter”, which is
the leased site, and on the “same issue” – respondent’s right of possession
by virtue of the alleged contract. 

Note: This is exactly the scenario in Civil Case No. xxx-0074 in relation to
Civil Case No. xxx-0091 referred to in the Statement of Facts in this Petition.

19.5.     In the aforecited case of MID PASIG LAND DEVELOPMENT

CORPORATION, “at the time of the filing of the RTC case, petitioner had
communicated to respondent that it had filed an ejectment against it for
violation of the original lease agreement”.

19.5.1.          Thus, the RTC case, while “purportedly one for specific

performance” was “in reality a preemptive maneuver intended to block the
complaint for ejectment, considering that it was brought merely three days
after respondent received the communication from petitioner”, according to
the Supreme Court. 

19.5.2.         The RTC case was instituted “in anticipation of its forthcoming

move to eject respondent from the property”, said the Supreme Court. 

Note:

Consider this ruling in relation to Civil Case No. xxx-0091 that was filed by
herein Petitioner against the Private Respondent in Branch xxx.
19.5.3.         It was filed “to bind petitioner’s hands, so to speak, and to lay
the ground for dismissal of any subsequent action that the latter may take
pursuant to the notice of eviction”, stated the Supreme Court.
To repeat:

This was one of the main purposes for the commencement by herein
Petitioner of Civil Case No. xxx-0091 (annulment of agreement to sell, etc.)
against the Private Respondent involving the same subject matter.

IV.            PRAYER FOR TEMPORARY RESTRAINING ORDER (TRO) AND WRIT

OF PRELIMINARY INJUNCTION (WPI).

20.                      The Petitioner respectfully seeks from this Honorable

Court the issuance of the following injunctive reliefs:

(a) An urgent ex parte TEMPORARY RESTRAINING ORDER

(TRO) immediately upon filing of this Petition, and

(b) A WRIT OF PRELIMINARY INJUNCTION (WPI) upon notice to and upon

filing of a Comment by the Private Respondent.

21. Sec. 7, Rule 65  grants to this Honorable Court the power to issue “x x x 
a temporary restraining order or a writ of preliminary injunction for the
preservation of the rights of the parties” pending this proceeding. 

22.                       The Petitioner admits that the filing of this petition “shall

not interrupt the course of the principal case unless a temporary restraining
order or a writ of preliminary injunction has been issued against the public
respondent from further proceeding in the case” (Id.). 
22.1.    Hence, she invokes the sense of compassionate justice of this
Honorable Court by issuing the urgent injunctive reliefs sought hereinabove.

23.                        The miserable, pitiable, and unfortunate personal

circumstances of the Petitioner are as follows:

23.1.     She is 79 years old now.

23.2.   She has been a widow since 2001.

23.3.    She is jobless.

23.4.   Her old age and poor health prohibits her from engaging in gainful
work.

23.5.    She relies on the financial support of her child, xxx (who has her
own family to support, too).

23.6.   She is afflicted with various geriatric-related diseases considering her

old age, e.g. hypertension, diabetes,  etc.

23.7.    She has resided and continues to reside for almost 25 years now in

the property subject matter of the underlying (a) Civil Case No. xxx-0071
(Ejectment Appeal) and (b) Civil Case No. xxx-0091 (annulment of
agreement to sell, etc.) since 1991 or thereabout.

23.8.   She has no wealth of her own.

23.9.   She owns no real property except for a small memorial lot gifted to
her by her children in the past.
23.10.                       To enforce the questioned Order, dated xxx would
have the unjust effect of ejecting her from the property subject matter of
the underlying Civil Case No. xxx-0074 in relation to Civil Case No. xxx-
0091 while the said two related cases are still pending before the Trial
Court a quo.

23.10.1.    It will be unjust, cruel, inhuman, unkind, and premature to allow

such an unfair scenario (i.e., execution pending appeal).

24.                       The Petitioner respectfully submits that she is entitled to

the TRO and WPI she seeks in this Petition against the questioned Order,
dated xxx.

24.1.    The enforcement pendente lite by the Respondents of the said Order

during the pendency of this Petition and during the pendency a quo of the
underlying Civil Case No. xxx-0074 in relation to the related Civil Case No.
xxx-0091 would surely work injustice to the Petitioner.

24.2.   The enforcement pendente lite by the Respondents of the questioned

Order would violate the constitutional and human rights of the Petitioner
to compassionate justice, merciful due process of law, and  benevolent
equal protection of the law with respect to this Petition and in relation to the
pending underlying Civil Case No. xxx-0074 (Ejectment Appeal) and the
pending related Civil Case No. xxx-0091.

24.3.   If the TRO and the WPI prayed for above are not issued y the
Honorable Court,  whatever judgment this Honorable Court may promulgate
in this action would be rendered ineffectual. (Sec. 3, Rule 58).

25.                       The Petitioner is prepared to post a BOND at such

amount and under such terms and conditions as may be fixed by this
Honorable Court.
25.1.     The Bond would adequately protect the rights and interests of the
Private Respondent in this action in relation to the underlying Civil Case No.
xxx-0074 (Ejectment Appeal) vis-à-vis the related Civil Case No. xxx-0091.

26.                        This Petition is duly verified to serve as the AFFIDAVIT

OF MERIT of the Petitioner at the same time, pursuant to Rule 58.

 V.               RELIEF.

WHEREFORE, premises considered, it is respectfully prayed that:

1.      Upon filing of this Petition with this Honorable Court, an urgent ex

parte Temporary Restraining Order (TRO) be issued enjoining the Public
Respondent to suspend further proceedings in the underlying Civil Case No.
xxx-0074;

2.    Upon notice to and filing of a Comment by Private Respondent, a Writ

of Preliminary Injunction (WPI) be issued by this Honorable Court enjoining
the Public Respondent from implementing its Order, dated xxx,  in the
matter of the execution pending appeal of the Judgment of the Metropolitan
Trial Court vis-à-vis Civil Case No. xxx-0074 until this Honorable Court shall
have resolved this Petition with finality;

3.     This Petition be given DUE COURSE;

4.    The questioned ORDER, dated xxx (Annex “A”, supra) of the Public
Respondent be SET ASIDE, REVERSED AND NULLIFIED without prejudice to
the continuation of the proceedings on the merits in Civil Case No. xxx-0074
(Ejectment Appeal), in relation to Civil Case No. xxx-0091, before the Public
Respondent for final adjudication.
5.     The Writ of Preliminary Injunction (WPI) against the questioned Order,
dated xxx, AND AGAINST THE Public Respondent be
declared PERMANENT insofar as the matter of “execution pending appeal” by
Public Respondent is concerned.
         
FURTHER, the Petitioner respectfully prays for such and other reliefs as may
be deemed just and equitable in the premises.

          xxx City, July xxx, 2015.

LASERNA CUEVA-MERCADER
LAW OFFICES
Counsel for Petitioner
Unit 15, Star Arcade, C. V. Starr Ave.
Philamlife Village, Las Pinas City 1740
Tel. Nos. 8725443 & 8462539
X x x.

MANUEL LASERNA JR.

X x x.

x x x.”
 4. COMPLAINT FOR EJECTMENT.

Republic of the Philippines

MUNICIPAL TRIAL COURT (IN CITIES)
(Name of City / Municipality)

(NAME OF PLAINTIFF)
Plaintiff,

              -versus- Civil Case No. ______

For: Unlawful Detainer

(NAME OF DEFENDANT),
Defendant.
x- - - - - - - - - - - - - - - - - - - -/

COMPLAINT
          PLAINTIFF, by counsel, and unto this Honorable Court, most
respectfully allege: -THAT-

1.   Plaintiff is of legal age, Filipino, with residence and postal address

at (Residential address of plaintiff) where he may be served notices and
other court processes;

2.   Defendant is of legal age, Filipino, with residence and postal address

at (Residential address of defendant), where he may be served
summons and other court processes;

3.   Plaintiff is the absolute owner and lessor of that certain townhouse situated
at (Location of property) and now leased and occupied by the Defendant;

4.   The Defendant leases and occupies the said townhouse from March 1,
2012 until February 28, 2017 as agreed upon between the plaintiff and the
Defendant in the lease contract executed on March 1, 2012 under the
 express obligation to pay a monthly rental of P20,000.00; (Contract of
Lease attached as Annex “A”)

5.   The lease contract of the Defendant for the occupation of the building has
been terminated on February 28, 2017 and has not been renewed or
extended;

6.   During the course of the Defendant’s occupation of the said townhouse,

Defendant has failed to pay his rentals for the months of June 2016 to
February 2017;

7.   Defendant has continued to occupy the said townhouse notwithstanding the

fact that her contract of lease has been terminated on February 28, 2017
thus depriving the plaintiff from having the said townhouse leased by other
persons;

8.   Several demands to vacate was made by plaintiff to Defendant, both oral

and written (Demand letter attached as Annex “B”), but Defendant
refused to vacate the said townhouse and return possession to the plaintiff;

9.   Until now Defendant still refuses to vacate and restore possession and pay
her rentals for the months June 2016 to February 2017 during her
occupation of the townhouse;

10.       Thus, Defendant is unlawfully withholding possession of the subject

townhouse from the plaintiff despite last and final demand, to the damage
and prejudice of the plaintiff;

11.       Before filing of this complaint, the dispute has been referred to the
Lupong Tagamayapa of (Name of City or Municipality) but the parties
failed to arrive at an amicable settlement; (Certificate to File Action
attached as Annex “C”)

PRAYER

          WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court that after due notice and hearing, judgment be
rendered in favor of Plaintiff:

1.   For the restitution of the abovementioned townhouse;

2.   For the payment of ONE HUNDRED THOUSAND (PhP180,000.00)
PESOS, representing the arrears of rent now overdue;

3.   To pay the costs for this suit.

Other reliefs just and equitable under the premises are likewise
prayed for.

(Place of Filing), Philippines, (Date of Filing).

(NAME OF LAW OFFICE)

Counsel for Plaintiff
(Address of law office)

By:

(NAME OF LAWYER)
Roll No.: ____________
PTR No: ____________
IBP No.: ____________
MCLE Compliance No.: ____________

ATTACH:

Verification and Certification of Non-forum Shopping

Annexes4. Complaint for ejectment.
5. COMPLAINT FOR PHYSICAL INJURIES
WITH JUDICIAL AFFIDAVIT OF WITNESSES

REPUBLIC OF THE PHILIPPINES

Department of Justice
OFFICE OF THE CITY PROSECUTOR
City of Santiago

CHRISTIAN HOPE S. DOMINGO,

Complainant,

-versus-
I.S. No. 2017-01-001
For: Slight Physical Injuries

DIONICIO GANER,
Respondent.

x-------------------------------------------x

AFFIDAVIT-COMPLAINT

I, CHRISTIAN HOPE S. DOMINGO, of legal age, Filipino citizen, single, residing

at no. 123 Mahalimuyak Road, Barangay Victory Sur, Santiago City, Isabela, after
having duly sworn to in accordance with law do hereby depose and say:

1. That I am the complainant in the above-entitled case;

2. That I am formally charging respondent DIONICIO GANER, with postal address

at no. 125 Mahalimuyak Road, Barangay Victory Sur, Santiago City, Isabela, for
the crime of Slight Physical Injuries penalized under Art. 266 of the Revised
Penal Code, committed as follows, to wit:

a) THAT on the afternoon of Dec. 31, 2016, while I was standing in front of
my house, I saw the respondent throwing fire crackers beside my house,
and I immediately called his attention regarding his wrong doing of
throwing fire cracker which is sometimes a cause of fire and accident to
those persons nearby, aside from the noise of their loud sound system;

b) THAT due to the same, respondent got irritated and a heated argument
ensued between us;

c) THAT while having the said argument with the respondent, he suddenly
approached me, punched my face twice which made me fall down on the
ground;

d) THAT on the same day, I went to Callang General Hospital to have an

examination of my swollen face and the injuries I sustained, and the
doctor recommended for a healing and rest period of nine (9) days. Copy
of the Medical certificate is attached as Annex “A” hereof;

e) THAT also, as a consequence of the swelling of my face I was not able to

report for work for seven (7) days;

f) THAT on January 4, 2017, I filed a complaint before the barangay, and

after several hearings, no amicable settlement was reached between the
parties as evidence the Certificate to File Action which is hereto attached
as Annex “B”.

3. That I am executing this affidavit to attest to the truth of the foregoing

statements,
and for the purpose of charging respondent DIONICIO GANER for the crime of
Slight Physical Injuries penalized under Art. 266 of the Revised Penal Code.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 13 th day of

February 2017, in the City of Santiago.

CHRISTIAN HOPE DOMINGO

Complainant/Affiant

SUBSCRIBED AND SWORN TO before me this 13th day of February

2017 , in Santiago City.

JEROSE L. ESPECTACION
City Prosecutor
CERTIFICATION
I hereby Certify that I personally examined the affiant and that I am satisfied that
he voluntarily executed and understood his complaint-affidavit.

JEROSE L. ESPECTACION
City Prosecutor
6. WILL AND TESTAMENT
State of _________________ 

LAST WILL AND TESTAMENT

OF _______________________________
I, ________________________ [Testator], a resident of _________________ [City],
_________________ [State], declare this to be my Last Will and Testament, and revoke all previous wills
and codicils made by me, either jointly or severally. 

DECLARATIONS

A. I am of sound mind and of legal age to make this Last Will. 

B. This Last Will expresses my wishes without undue influence or duress.

C. At the time of executing this Last Will: (Check one)

☐ I am married to ________________________.

☐ I am NOT married.

D. At the time of executing this Last Will: (Check one)

☐ I have the following children: ________________________________________________.

☐ I do NOT have any children.

ARTICLE I
APPOINTMENT OF EXECUTOR

A. I appoint ________________________ [Executor] to be the executor of this Last Will (the “Executor”).

(Optional) If ________________________ [Executor] predeceases me or is otherwise unable to serve as

the Executor, then I appoint ________________________ [Successor Executor] as the successor
Executor.
(Optional) If neither ________________________ [Executor] nor ________________________
[Successor Executor] survives me or is able to serve as the Executor, then I appoint
________________________ [Backup successor Executor] to serve as the backup successor Executor.  

I further intend that the term the Executor in this Last Will is synonymous with the terms “personal
representative,” “executrix,” and “fiduciary.” 

B. Compensation (Check one)

☐ The Executor shall be entitled to receive compensation in the amount of $_______________ for the
services performed under this Last Will.

☐ The Executor shall be entitled to receive reasonable compensation for the services performed under
this Last Will.

☐ The Executor is NOT entitled to receive any compensation for the services performed under this Last
Will.

C. Bond (Check one)

☐ The Executor shall be required to furnish a bond or other security for the faithful performance of his or
her duties as the Executor in any jurisdiction.

☐ I direct that any Executor serving hereunder shall NOT be required to furnish any bond or other
security for the faithful performance of his or her duties as the Executor in any jurisdiction whatsoever, or
if a bond is required, he or she shall not be required to furnish any sureties. 

ARTICLE II
EXECUTOR’S POWERS

A. The Executor shall pay my enforceable unsecured debts, expenses of last illness, funeral expenses,
costs of administration, and claims allowed in administration of my estate: (Check one)

☐ From the principal of my residuary estate according to all applicable laws .

☐ As the Executor deems appropriate, in the Executor’s sole discretion, according to all applicable laws .

☐ By the following method: ____________________________________________________________

B. I grant to the Executor the fullest power to deal with any property held by my estate without the prior or
subsequent approval of any court, including the period after termination of any trust until finally
distributed. No person dealing with the Executor shall be required to inquire into the propriety of any of his
or her actions or make inquiry into the application of any funds or other property. The Executor shall,
however, exercise all powers in a fiduciary capacity for the best interest of the beneficiaries of the estate. I
grant to the Executor all specific powers as conferred by law. 
C. In addition to the powers granted by law or as necessary to carry out my intentions in this Last Will, the
Executor shall have the following powers: __________________________________________________
____________________________________________________________________________________

ARTICLE III
EXPENSES

A. All expenses incurred by the Executor during the settlement of my estate in storing, packing, shipping,
delivering, or insuring an article of tangible personal property passing under this Last Will shall be
charged and treated as expenses of administering my estate.

B. If the value of my estate is insufficient to fulfill this Last Will, I give the Executor full authority to
decrease my bequests by a proportionate amount.

ARTICLE IV
DISTRIBUTION OF PERSONAL PROPERTY

A. After payment of my debts, expenses and claims, I give my personal property and effects described
below to: 

To ________________________ [Name], I leave ________________________________________.

To ________________________ [Name], I leave ________________________________________.

To ________________________ [Name], I leave ________________________________________.

B. After payment of my debts, expenses and claims, I leave the sum(s) specified below to the following
people:

To ________________________ [Name], I leave $_______________.

To ________________________ [Name], I leave $_______________.

To ________________________ [Name], I leave $_______________.

C. Unless otherwise specifically bequeathed, the remainder of my property, real and personal, and
wheresoever situated, I give to the individuals listed in the apportioned percentages:

To ________________________ [Name], I leave __________% of my remaining estate.

To ________________________ [Name], I leave __________% of my remaining estate.

To ________________________ [Name], I leave __________% of my remaining estate.

D. To the ________________________ [Non-profit name], located at
________________________________________ [Address], I leave the sum of $_______________ in
honor of ________________________ [Honoree name]. 

ARTICLE V
BENEFICIARIES

A. If I give my personal property and effects to two or more beneficiaries to be shared by them, and any
one of them does not survive me, his or her share shall be given to the others in equal amounts, unless
otherwise provided in this Last Will.

B. If one of my heirs or another individual is not left property or is otherwise omitted from this Last Will,
such omission is intentional.

ARTICLE VI
GUARDIAN OF MINOR CHILDREN

(Check one)

☐ Not applicable.

☐ I will name a guardian for my minor children.

A. If my spouse does not survive me and we leave minor children surviving me, I appoint as guardian of
the person and property of my minor children ________________________ [Guardian].
________________________ [Guardian] will have custody of my minor children, and will serve without
bond. If ________________________ [Guardian] does not qualify as guardian or for any reason cannot
serve as guardian, I appoint as successor guardian ________________________ [Successor guardian].

B. The guardian shall hold, manage, and maintain such property for the benefit of my minor children with
full power, as in such to invest and/or reinvest such property for the benefit of my minor children and to
distribute so much of the income of such property periodically as may be necessary for the health,
education, and or welfare of my minor children as deemed appropriate in the guardian’s sole discretion
until such time as my minor children attain the age of eighteen (18) years at which time all remaining
income and the principal of such property shall be turned over to my minor children in full.  

ARTICLE VII
TAXES

The Executor shall pay all estate, inheritance, transfer, legacy, succession, and other similar taxes
imposed by any jurisdiction whatsoever by reason of my death, together with interest and penalties,
whether such taxes are imposed upon or with respect to any property that passes under the provisions of
this Last Will or passes or has passed otherwise, or imposed upon or with respect to any recipient. 

ARTICLE VIII
PET GUARDIAN

A. In the event that my pet(s):

Name: ________________________, Breed: ________________________

Name: ________________________, Breed: ________________________

Name: ________________________, Breed: ________________________

shall survive me at the time of my death, I direct that ________________________ [Pet guardian], accept
my pet(s) and care for them. If ________________________ [Pet guardian] is unable or unwilling to
accept my pet(s), I direct that my pet(s) be given to ________________________ [Backup pet guardian]
and be cared for appropriately. 

B. If neither are able or willing to accept and care for my pet(s), the Executor shall: (Check one)

☐ Select an appropriate person and give my pet(s) to such person for care.

☐ Place my pets in an appropriate home by this recognized animal rescue organization:

___________________________________________________________________________________.

☐ Surrender my pets to the local Humane Society to be placed in an appropriate home.

C. The Executor shall give $_______________ from my estate to the person who accepts my pet(s) for
their care and safety.  

ARTICLE IX
DUE DILIGENCE

The Executor shall be responsible only for due diligence in the administration and disbursement of my
estate and shall not be responsible for any loss or subject to any liability except by reason of the
Executor’s own negligence or willful default proved by affirmative evidence. Any discretion granted to
Executor, expressly or by implication under this Last Will or by law, shall fully protect Executor for every
determination made in good faith. Executor’s determinations shall be conclusive and binding upon all
persons interested in this Last Will. 
 ARTICLE X
SIMULTANEOUS DEATH

(Check one)

☐ Not applicable.

☐ If my spouse and I die under circumstances that the order of our deaths cannot be readily scertained,
I shall be deemed to have predeceased my spouse, notwithstanding any provision of law to the contrary,
and that the provisions of this Last Will be construed according to such presumption.  

ARTICLE XI
PREDECEASED BENEFICIARIES

(Check one)

☐ Not applicable.

☐ If any other beneficiary under this Last Will dies within __________ days after my death or prior to the
distribution of my estate, he or she shall be deemed to have predeceased me, and all provisions of this
Last Will shall be construed upon that assumption.  

ARTICLE XII
SPECIAL DIRECTIVES

____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________

ARTICLE XIII
CONSTRUCTION OF LANGUAGE

Throughout this Last Will, except where the context otherwise requires, the masculine gender shall be
deemed to include the feminine and the neuter, and the singular number shall be deemed to include the
plural, and vice versa.
 ARTICLE XIV
SEVERABILITY

The remaining provisions of this Last Will continue to be in full force and effect if any provisions of this
Last Will are deemed unenforceable.

ARTICLE XV
GOVERNING LAW

The dispositions made by this Last Will shall be construed in accordance with the laws of the State of
_________________.

IN WITNESS WHEREOF, I, ________________________ [Testator], have signed my initials on each of

the preceding __________ pages, and have signed my name below, all this _____ day of
_______________, 20_____.

Testator Signature

SIGNED AND DECLARED by ________________________ [Testator], in our joint presence to be

________________________'s [Testator] Last Will, and remaining in their presence, and in the presence
of each other, and at their request, we signed as attesting witnesses, this clause having first been read
aloud. 

First Witness

First Witness Signature Date

First Witness Name
First Witness Address

First Witness City, State and Zip Code

Second Witness

Second Witness Signature Date

Second Witness Name

Second Witness Address

Second Witness City, State and Zip Code

Third Witness

Third Witness Signature Date

Third Witness Name

Third Witness Address
Third Witness City, State and Zip Code

   

SELF-PROVING AFFIDAVIT

State of _________________

County of _________________

We, _______________________________________________________________ [Witnesses], and

________________________ [Testator], the witnesses and Testator, respectively, whose names are
signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the
undersigned officer that the Testator, in the presence of witnesses, signed the instrument as their Last
Will and that they signed voluntarily and that each of the witnesses in the presence of the Testator and in
the presence of each other signed the Will as a witness and that to the best of the knowledge of each
witness, the Testator was, at the time, eighteen (18) or more years of age, of sound mind and under no
constraint or undue influence.

____________________________________
Testator Signature

  

____________________________________
First Witness Signature

____________________________________
Second Witness Signature

____________________________________
Third Witness Signature

    
 NOTARY ACKNOWLEDGEMENT:

State of _________________    )

                                                    )           (Seal)

County of _________________  )

SWORN TO and SUBSCRIBED before me on this _____ day of _______________, 20_____, by

________________________, the Testator and by __________________________________________
___________________________ the Witnesses, who are personally known to me or produced a driver's
license as identification and who did take an oath.

____________________________________
 Signature

____________________________________
 Notary Public

My Commission Expires: ______________

 LAST WILL AND TESTAMENT

KNOW ALL MEN BY THESE PRESENTS

I, _____________, of legal age, (single / married / widow), a
citizen of _____________ and currently a
resident of _____________, with sound and disposing mind and memory,
and without having been forced, intimidated or unduly influenced by
anybody, have hereby voluntarily executed and proclaimed this instrument,
as my Last Will and Testament, in English, a language I speak and
write with and of which I am well conversant:
 

1. That should I finally rest in eternal peace, it is my wish and desire that
internment, vigil and burial be made in accordance with the customs and
traditions of the _____________ Church;
2.That I am the owner of the following properties:
(List and Description of Real and Personal Properties)
3.That should the Lord Almighty finally summon this soul from its earthly
abode, it is my wish and desire to bequeath, grant and devise my properties
above-mentioned, as follows:
a)To my beloved (wife/husband) _____________, I hereby bequeath the
properties listed as nos. _______ above;
b)To my beloved children _____________, _____________, and
_____________, I hereby bequeath in equal shares, the properties listed as
nos. _______ above;
c)To _____________ who has been my constant companion and nurse in
my illness, I hereby devise the property listed as no. _______ above;
d)To my (brother/sister/friend/etc.) _____________ I give the property
listed as no. _______ above;
4.That should Divine Providence will it that I die ahead of my beloved
(wife/husband), I hereby proclaim as my wish and desire which my heirs,
devisees and legatees should respect, that the provisions of the foregoing
Paragraph 3, Sub-Paragraphs b, c, and d be rendered temporarily without
force and effect, and my surviving (wife/husband) shall have full use and
enjoyment of all the above-listed properties; and only upon (his/her) demise
shall the provisions of Paragraph 3, Sub-Paragraphs b, c, and d come
into effect;
5.That for the purpose of rendering this Last Will and Testament effective
thru the proper proceeding in Court, I hereby name and constitute
_____________ as Executor and Administrator of this Last Will and
Testament, and that in his incapacity, I hereby name _____________ as his
substitute;
6.That the Executor and Administrator I hereby nominate shall be excused
from posting any bond;
7.That I hereby revoke, set aside, and annul any other will or testamentary
disposition I have made, signed, or proclaimed.

IN WITNESS WHEREOF, I have hereunto set my this ______ at _____,

Philippines.
TESTATOR
ATTESTATION CLAUSE
WE, the undersigned witnesses, do hereby affirm that the foregoing is the
Last Will and 'Testament of _____________ and we hereby certify: That
(he/she) executed the same while of sound and disposing mind and
memory; That he signed the same in our presence, at the bottom of the last
page and on the left hand margin of each and every page, and we, at his
behest, have signed hereunder and on the left hand margin of each and
every page, in (his/her) presence, in the presence of the Notary Public, and
in the presence of each and every one of us this _____________ at
_____________, Philippines.
WITNESS ADDRESS
1. ____________________________________

2. ____________________________________

3. ____________________________________

Republic of the Philippines)
Province of ____________________)S.S.
City/Municipality of _____________)
x---------------x
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the
(Province/City/Municipality) of _____________, personally appeared the
following persons, with their respective Community Tax Certificates as
follows:
Name C.T.C. No.Date / Place Issued

1. TESTATOR _____________ _____________

2. WITNESS_____________ _____________

3. WITNESS_____________ _____________

4. WITNESS_____________ _____________

known to me and to me known to be the same person who executed the

foregoing Last Will and Testament, which he acknowledged to me to be
(his/her) own free and voluntary act and deed and which (he/she) executed
and signed in the presence of the three (3) above-named attesting
witnesses, who all signed their names as proof of their attestation on this
page before the Testator _____________ and in the presence of each and
everyone of them, and they acknowledged the same to be their free and
voluntary act and deed.
This Last Will and Testament consists of _____________.(______) pages,
including the page on which the ratification and acknowledgment are
written.
WITNESS MY HAND AND SEAL this _____________ at _____________,
Philippines.

NOTARY PUBLIC

Doc. No. ______;

Page No. ______;

Book No. ______;

Series of ______;
7. ARTICLES OF INCORPORATION