RT ONE: PLEADINGS AND OTHER LEGAL DOCUMENTS IN CIVIL PROCEDURE

CHECKLISTS

& SAMPLE FORMS

IN CIVIL PROCEDURE, CRIMINAL PROCEDURE, SPECIAL PROCEEDINGS AND SPECIAL CIVIL ACTIONS PLUS SELECTED DEEDS, CONTRACTS AND FORMS IN * CORPORATE PRACTICE This Form Book is
Professor Te’s intellectual creation and under pertinent laws, copyright is owned by Professor Te; Atty. Enriquez’s checklists are used with his express permission. The use of this updated Checklist by the University of the Philippines Law Student Government [LSG] for its Bar Operations (2003) has been expressly allowed; unauthorized copying, distribution, dissemination, sale or use by entities other than those who have sought permission is prohibited. All rights are reserved and all remedies will be pursued. [ 2003 Edition ]

PROFESSOR THEODORE O. TE**

FORM NO. 1. COMPLAINT (AND OTHER INITIATORY PLEADINGS)1
I. CHECKLIST OF REQUIREMENTS:  Caption  Parties/Capacity of Parties  Material Allegations of Ultimate Facts  Statement of Cause(s) of Action  Prayer/Reliefs  Date/Place of Execution2  Signature of Counsel3  Verification4 and Certification Against Forum Shopping

* Updated 2003. This Form Book was first created in 1999 by Professor Theodore O. Te, upon suggestion of and specifically for use by the 1999 Bar Candidates of the U.P. College of Law. It was later updated in 2000, which contained, for the first time, some checklists prepared by Atty. Alexes M. Enriquez (a former Supervising Lawyer of the U.P. Office of Legal Aid) for Atty. Enriquez’s lecture during the Annual OLA Trial Techniques Seminar (Summer 2000; Marvic M.V.F. Leonen, Director) and some which Professor Te uses in his own practice. This latest update is a slightly modified version of the 2000 edition, with new forms made necessary by the 2000 Rules on Criminal Procedure and other pertinent laws. Some new forms have been made necessary by new Supreme Court rules such as the Rule on Provisional Orders (AM No. 02-11-12-SC). ** Assistant Professor, U.P. College of Law; Managing Partner, Sanidad Abaya Te Viterbo Enriquez & Tan; Bachelor of Laws, University of the Philippines (1990); Regional Coordinator, Free Legal Assistance Group (FLAG) (2000-present); Supervising Attorney, U.P. Office of Legal Aid (1998-2000; 2002); 1 Cf. Rules 6, 7 and 8, 1997 Rules on Civil Procedure; 2 A new requirement specifically provided under Rule 7, section 2(d). 3 Significant amendment introduced by 1997 Rules on Civil Procedure; cf. Rule 7, section 3. 4 Take note that under Rule 7, section 4, a verification based on “information and belief” or upon “knowledge, information and belief” is considered defective and the pleading unverified.

Page 2 of 63

II. SAMPLE/REPRESENTATIVE FORMS
A. COMPLAINT FOR EJECTMENT WITH DAMAGES Regional Trial Court National Capital Judicial Region METROPOLITAN TRIAL COURT Branch 33, Quezon City ALIS DI-YAN COMPANY, Plaintiff, versus Civil Case No. 2222 For : Ejectment

YOKO NGA, Defendant. x ----------------------------------- x COMPLAINT PLAINTIFF, by counsel, respectfully states that: 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. 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 1995, which contract expires on 31 December 1996. 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. 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 5. Defendant’s act of dispossession has caused plaintiff to suffer material injury because plaintiff’s business expansion plans could not be implemented despite the arrival of machineries specifically leased for this purpose at the rental rate of US$500 per month. Defendant’s continued occupation of the premises has also forced plaintiff to sue and to incur legal expenses amounting to Fifty Thousand Pesos (PHP50,000.00). 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. Other just and equitable reliefs are also prayed for. Quezon City; _________________ (SGD.) ATTICUS FINCH Counsel for Plaintiff

5 Please note that this particular allegation may actually be unnecessary considering the facts given and that the plaintiff is a juridical person. It is included in this complaint simply for educational purposes as a representative allegation of this fact. Page 3 of 63

These amounts now total Nine Hundred Thousand Pesos (P900. despite notice on him to appear. 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. 6 The highlighted and bracketed portion is a JURAT. of legal age.O. Resort to the Baranggay Conciliation process proved fruitless as defendant failed to appear. 4. versus Civil Case No. a Certification to File Action. 2. Page No.]6 B.VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING I. 3. a copy of which is attached as ANNEX C. A copy each of plaintiff’s two (2) demand letters is attached as ANNEX A and B. do hereby state that: I am the Chief Executive Office of Alis Di-yan Company and in such capacity. 11112233/1/05/02/QC Doc. thus. affiant exhibiting before me his CTC No. (SGD. 2002 PTR No. Despite repeated demands. the italicized portion of the JURAT is dispensed with but not the oath itself.K. COMPLAINT FOR SUM OF MONEY7 Republic of the Philippines Regional Trial Court National Capital Judicial Region Branch 101-Makati City ESTA PADORA. Series of 1999. defendant borrowed certain amounts from plaintiff. then there is no need for the affiant to produce a CTC nor for the entry into a Notarial Register. of legal age and resident of 6752. I shall notify the court within five (5) days from my notice.000.) C. was issued by the Baranggay Chairman. which must be accompanied by an ACKNOWLEDGMENT. Makati City. C. and resident of 6750 Forbes Park. HILFIGER [SUBSCRIBED AND SWORN TO before me this ___ day of ____________. 000882 For: Sum of Money MANGGA GANTSO. should I learn of such a case. (SGD. Plaintiff. of legal age. Makati City. defendant failed or has refused to pay any amount to plaintiff as no installment payment has even been made.00). Sometime in January 1996 and over a period of six (6) months. Book No. as opposed to a notarized document that transmits rights or property. both oral and written. IN WITNESS WHEREOF. I have read its contents and affirm that they are true and correct to the best of my own personal knowledge. Plaintiff is a Filipino. defendant is also a Filipino. Defendant. caused this Complaint to be prepared. by counsel. this accompanies any notarized document that is declaratory in nature.x COMPLAINT PLAINTIFF.K. Defendant promised to pay these amounts on an installment basis monthly. TARIO Notary Public until December 31. I have signed this instrument on _____________. Thus. x -------------------------. Hilfiger. respectfully states that: 1. 7 1978 Bar Question. Note that if the document is subscribed before a public officer duly authorized to take oaths.) N. No. where he may be served with summons and other processes. ________________ issued on _____________ at ____________________. Page 4 of 63 . Forbes Park.

Manila. On 15 March 1999. represented by AKIN NAYAN. on 3 March 1999.x COMPLAINT Plaintiff. Page 5 of 63 .000. 000088 versus YOKO NGA. which defendant. temporarily residing at Bayview Hotel. 4.]8 Other just and equitable reliefs are also prayed for.) ATTICUS FINCH Counsel for Plaintiff [Address] Add: Verification and Certification Against Forum Shopping C.00) as Attorney’s Fees. defendant is a Tongan. rented from plaintiff for a period of one (1) week.[5. 5. 9 1986 Bar Question. 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. (SGD. Plaintiff. Defendant.000. 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. 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. x----------------------------------. Plaintiff is the general manager of Hurts Rent-A-Car with offices at Makati City. 6. Its present value is approximately Nine Hundred Thousand Pesos (P900. respectfully states that: 1. By reason of defendant’s unreasonable failure or refusal to pay his due and demandable obligation.000. 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. with legal interest. Quezon City for Makati. Hurts Rent-A-Car is the registered owner of a Honda CRV with license plate number TUV-675. plaintiff respectfully prays for judgment in his favor through a Decision directing defendant to pay him NINE HUNDRED THOUSAND PESOS (P900. 8 Please note that the bracketed and italicized portion is indispensable to the filing of a Complaint as it is required that every Complaint state in the body as well as in the prayer the amount of damages sought. Roxas Boulevard. as ACTUAL DAMAGES and FIFTY THOUSAND PESOS (P50. 3.000.00) plus legal interest.00). ______________. COMPLAINT FOR REPLEVIN9 Republic of the Philippines Regional Trial Court National Capital Judicial Region Branch 101-Makati City HURTS RENT-A-CAR.00). This is jurisdictional and a complaint that fails to comply with this requirement is fatally defective. 2. Plaintiff is ready. WHEREFORE. Civil Case No. plaintiff demanded from defendant the return of the car but defendant failed and refused to do so.00). by counsel.

3. Defendant. There is no fixed period for the lease agreement except that rentals are to be paid by the month. Page 6 of 63 . 4. it is respectfully prayed that this Honorable Court fix a period of years for the lease between plaintiff and defendant. Plaintiff has been paying the rentals as they fall due each month. 6 August 2002.00) to be paid within the first five (5) days of each month. where he may be served with summons. respectfully states that: 1.00). Pasig City for a monthly rental of One Thousand Pesos (P1. judgment be rendered declaring plaintiff to be lawfully entitled to the possession of the car and sentencing defendant to pay its value. 2. defendant leased to plaintiff the premises at 1-A Cruz Street. ANSWER WITH AFFIRMATIVE DEFENSE AND 00 1980 Bar Question. On 1 January 1996. Quezon City for Pasig City. x ---------------------. on 4 April 1999. 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. Plaintiff and Defendant are both Filipino citizens and of legal age. defendant gave notice to plaintiff that he is terminating the lease agreement by the end of August 1999.000. WHEREFORE. 2. Considering that the period of lease has not been fixed. 00111 versus NAGPA PAUPA. (SGD. plaintiff resides at 1-A. However.x COMPLAINT PLAINTIFF. Pasig City while defendant resides at 2 Frisco Street. 5. Cruz Street. Pasig City. by counsel. Quezon City for Makati City. 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. (SGD. Civil Case No.000. ________________.) MITCH MCDEERE Add: Verification and Certification of Non-Forum Shopping D. Plaintiff. COMPLAINT TO SET PERIOD OF YEARS FOR LEASE10 Republic of the Philippines Regional Trial Court National Capital Judicial Region Pasig City-Branch 161 NANG UUPA.WHEREFORE. after hearing. 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. without fail.) ATTICUS FINCH Counsel for Plaintiff [Address] Add: Verification and Certification Against Forum Shopping FORM NO.

scope and requirements of a specific denial. 22 Take note of Rule 8. Rule Rule 8. cf. 1997 Rules on Civil Procedure. sections 6. Civil Case No. Page 7 of 63 . SAMPLE/REPRESENTATIVE FORMS A. 7. section 10 on the definition. respectfully states that: 11 Cf. section 5 where “Defenses”. 33 Cf. 2222 versus For : Ejectment YOKO NGA. Defendant.COUNTERCLAIM11 I. Rule 6. both “negative” and “affirmative”.x ANSWER (With COUNTERCLAIM) DEFENDANT. section 11 on effect of specific denial and absence of specific denial on material allegations in a Complaint. section 9 (on counterclaim or crossclaim arising after answer) and section 10 (on effects of failure to include compulsory counterclaim or crossclaim existing at the time of the filing of the Answer). Rules 6. Plaintiff. Quezon City ALIS DI-YAN COMPANY. Take note that Rule 11. ANSWER WITH COMPULSORY COUNTERCLAIM Regional Trial Court National Capital Judicial Region METROPOLITAN TRIAL COURT Branch 33. Rule 11. x ----------------------------------. 7 and 8. CHECKLIST OF REQUIREMENTS: Caption  Denials/Admissions12  Statement of Affirmative Allegations  Statement of Affirmative/Negative Defenses13  Counterclaim or Crossclaim14  Prayer/Reliefs  Date/Place of Execution  Signature of Counsel  Verification  Certification Against Forum Shopping  Proof of Service II. by counsel. cf. section 8 provides that a compulsory counterclaim or crossclaim existing at the time of the filing of the Answer must be pleaded in the Answer. Rule 6. are defined expressly. 4 4 Cf. 8 and 9 on definitions of counterclaims and crossclaims.

as follows: 6. 7 (definition of actionable document).00) because he was compelled to secure services of counsel to vindicate his legal rights. Page 8 of 63 . such as that contained in italics above.1.000. Counterclaim 6. Plaintiff has no capacity to sue as it is a foreign corporation doing business in the Philippines without a license. Moral Damages amounting to One Million Pesos (PHP1. and (b) Fifty Thousand as Attorney’s Fees. Other just and equitable reliefs are prayed for. in response. 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. He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in the Affirmative Defenses below. among which is a counterclaim. 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. a copy of which is attached as ANNEX 1. Defendant reiterates. The Complaint fails to state a cause of action as the Contract of Lease (ANNEX A) was. 8 (how to contest such documents). 3. Also please note that an Answer need not be verified but if there is a specific denial of an actionable document. section 5 of the 1997 Rules on Civil Procedure requires that any initiatory pleading. See again Rule 8. 11 (effects of failure to specifically deny).. must be accompanied by a Certification against Forum Shopping.1. superceded by a Deed of Absolute Sale whereby plaintiff sold to defendant the parcel of land in question. 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. 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. WHEREFORE.Admissions/Denials 1. YOKO NGA. secs. do hereby state that: I am the defendant in the case filed by Alis Di-yan Company for ejectment. before its expiration. repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that the Complaint should be dismissed because: 5. Attorney’s Fees amounting to One Hundred Thousand Pesos (P100. (SGD) MITCH MCDEERE Counsel for Defendant VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING15 I. __________________. repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that he is entitled to reliefs arising from the filing of this malicious and baseless suit. of legal age. 5.000.2.2. I have read its contents and affirm that they are true and correct to the best 55 Please note that Rule 7. 4. 6. then the Answer must be verified.000/00) because his name and reputation were besmirched by this malicious and baseless suit. 2. I have caused the preparation of this Answer with Counterclaim. 10 (requirements of a specific denial). Defendant reiterates. Affirmative Defenses 5. Quezon City.

IN WITNESS WHEREOF. CHECKLIST OF REQUIREMENTS:  Proposed terms for amicable settlement  Alternative modes of dispute resolution  Summary of admitted facts  Proposed stipulation of facts and issues  documents to be presented  Names of witnesses and substance of their testimony  Resort to discovery  Available trial dates 66 Representative specific denial under oath. but add-Crossclaim 7. WHEREFORE. he further prays that co-defendant MANGGA GANTSO be made liable to indemnify defendant in the same amount under the Crossclaim. from defendant. as required by the Rules. section 6. 2-A. I specifically deny the genuineness and due execution as well as the binding effect of the actionable documents pleaded by plaintiiff. supra. (Sgd) YOKO NGA JURAT B. should I learn of such a case. Defendant reiterates. 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. PRE-TRIAL BRIEF17 I. in relation to any actionable document. 77 Rule 18. (SGD) MITCH MCDEERE Counsel for Defendant Add: VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING FORM NO. received consideration.of my own personal knowledge. I shall notify the court within five (5) days from my notice. in the form of the purchase price. repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that he is entitled to indemnity and/or contribution from co-defendant MANGGA GANTSO in the event that he is made liable to plaintiff because co-defendant MANGGA GANTSO acted as the duly authorized agent of plaintiff in the sale of the property and. acting as such. Page 9 of 63 . In the event that defendant is made liable to plaintiff on the Complaint. I have signed this instrument on 27 July 2002. 3. ANSWER WITH COUNTERCLAIM AND CROSSCLAIM See Form No. and (b) Fifty Thousand as Attorney’s Fees.16 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.

Defendant also interposed a compulsory counterclaim for Two Million Pesos (PHP2. second.00) as attorney’s fees. Plaintiff’s lack of personality to sue and.3. therefore..1.000. II. Civil Case No. a schedule of payments. Please note also that pre-trial is now mandatory in criminal cases under Rule 118. Defendant resists plaintiff’s claims based on a failure to state a cause of action because of : 2. III.1.x PRE-TRIAL BRIEF18 DEFENDANT.000. Defendant.000. Plaintiff. respectfully submits her Pre-Trial Brief. 97-31312 versus - LAKISA HIRAP. defendant is open to the possibility of amicably settling this dispute. x ------------------------------------. 1.2.00) for exemplary damages and One Hundred Thousand Pesos (PHP100. not being the real party in interest under Rule 3.2.000. by counsel. 2000 Rules on Criminal Procedure as well as under RA 8493 (The Speedy Trial Act) although neither the law nor the Rules require the submission of a Pre-Trial Brief in criminal cases (in practice. SAMPLE/REPRESENTATIVE FORM: Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Quezon City~Branch 90 LAKISA LAYAW. Page 10 of 63 . Plaintiff seeks principally to recover the amount of Twenty Two Million Eight Hundred Eighteen Thousand Nine Hundred Forty Eight Pesos and Thirty Centavos (PHP22. Extinguishment of the alleged claim made by the entity Regency Furniture. Consequently. 2. 2. BRIEF STATEMENT OF CLAIMS AND DEFENSES 2. the requirement of a pre-trial brief and the consequences for failure to submit one (e.2. non-suit or dismissal) appear to pertain exclusively to civil cases. first.2.000. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure.g. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT19 1.00) for moral damages and Two Million Pesos (PHP2. a clarification of the actual extent of any obligation due and owing to plaintiff inasmuch as there is nothing to indicate defendant’s obligations to plaintiff and. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES 88 Please note that there is no need to attach a Notice of Hearing for a Pre-Trial Brief. 2. defendant respectfully submits that the desired terms of any amicable settlement would involve. courts also do not require the submission of a pre-trial brief in criminal cases). 99 This is a new requirement imposed by the 1997 Rules on Civil Procedure.948.30) with interest at twelve percent (12%) arising allegedly from unpaid orders delivered to defendant variously in 1989.1. as follows: I. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of openness from plaintiff.II.818.2. section 2 of the 1997 Rules of Civil Procedure.

3. defendant admits no other facts stated in the Complaint. if necessary. to a concrete and reasonable request for discovery from plaintiff. Plaintiff’s personality to seek legal reliefs. EVIDENCE 5. Defendant submits that the following issues she put forward are subject to proof: 4.1. 6.1. Subject to a concrete proposal for stipulation of additional facts from plaintiff during pre-trial or even thereafter.2.1.1. (SGD. 3. however.1. i. 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.1.. An employee of Topless Enterprises with personal knowledge as to the true circumstances behind the alleged obligations due and owing in favor of plaintiff. 4.2. Defendant submits that the following issues put forward by plaintiff are subject to proof: 4.2. 14 April 2002. Quezon City. ISSUES TO BE TRIED 4. RESPECTFULLY SUBMITTED. 1997 and her reply to the demand letter. 5. receipt of the demand letter dated January 5. Defendant intends to present the following witnesses: 5.1. RESORT TO DISCOVERY 6. Subject. MA BOLA Counsel for Plaintiff Page 11 of 63 . Defendant’s entitlement to the claims made in her Compulsory Counterclaim as a result of plaintiff’s bad faith. 4.) MITCH MCDEERE Counsel for Defendant Copy furnished: ATTY. Defendant herself.2. Plaintiff’s entitlement to the amount claimed. her personal circumstances. defendant reserves the right to resort to discovery before trial.1.2. VI.2. Plaintiff’s bad faith in filing this suit. 5.1.1. who will testify on the true circumstances leading to the filing of this suit against her. Considering the relatively simple issues presented. Defendant admits only those facts stated in her Answer.e.2. IV.2.1. V. defendant does not intend to avail of discovery at this time.2. 4.

4. 1997 Rules on Civil Procedure. plaintiff has failed to reach the quotas agreed upon under the Marketing Agreement dated 1 January 1999. Consequently. a REQUEST for the Branch Clerk of Court to include the motion in the calendar for hearing on a specific Page 12 of 63 . WHEREFORE. Quezon City. 3333 versus For : Sum of Money DAMI UTANG CORPORATION. 2 2 Rule 15. by counsel. CHECKLIST OF REQUIREMENTS: Grounds  Prayer/Relief  Notice of Hearing21  Proof of Service22  Attachments (if any)  Verification (in certain cases) II.) MITCH MCDEERE Counsel for Defendant REQUEST FOR & NOTICE OF HEARING24 00 Cf. section 4 (on period of service). Civil Case No. Allegedly.000. SAMPLE/REPRESENTATIVE FORMS: A. as shown by the following: 1. (SGD. plaintiff’s Complaint states no cause of action and must be dismissed. section 5. Defendant. 2. the period of one (1) year has not expired.00). MOTIONS20 I. Rule 15. 4 4 Please take note that the Notice of Hearing is actually both a REQUEST and a NOTICE. 11 Rule 15. defendant now seeks to collect the sum of TWO HUNDRED THOUSAND PESOS (P200. 33 1988 Bar Question.x MOTION TO DISMISS DEFENDANT. Rule 15. respectfully moves to dismiss the Complaint on the ground that the Complaint fails to state a cause of action as THE OBLIGATION SOUGHT TO BE ENFORCED BY PLAINTIFF IS NOT YET DUE AND DEMANDABLE. defendant respectfully prays that the Complaint be DISMISSED for failure to state a cause of action. section 6 in relation to Rule 13. MOTION TO DISMISS (with REQUEST FOR AND NOTICE OF HEARING)23 Regional Trial Court National Capital Judicial Region METROPOLITAN TRIAL COURT Branch 39. Cf. Other just and equitable reliefs are also prayed for. x --------------------------------------. section 13. representing the balance of the proceeds due plaintiff under the said Marketing Agreement. The contract is for one (1) year and defendant is given that same period to reach the quota specified therein.FORM NO. For this reason. (Date). Plaintiff. 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. Quezon City LAKI ASSET COMPANY.

Petitioner. Branch 39 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 August 9. ATTICUS FINCH 1 MockingBird Street Timog Avenue. Page 13 of 63 . is attached to this motion. (SGD. the underlined portion in the Request may be omitted with the Notice to opposing counsel simply stating that “counsel will submit the motion to the court for approval immediately upon receipt. a motion for leave to file a pleading or motion shall be accompanied by the pleading or motion sought to be admitted.x MOTION26 FOR LEAVE OF COURT TO FILE REPLY WITH MOTION TO ADMIT ATTACHED REPLY27 PETITIONER. x -----------------------------------. pursuant to the 1997 Rules on Civil Procedure. 1999 at 8:30 in the morning. WHEREFORE. In non-litigious motions or ex parte motions. 66 In motions filed before the Supreme Court and the Court of Appeals. section 13. Rule 13. G. (SGD. by counsel. respectfully states that: 1. Petitioner received a copy of respondent’s Comment to his petition on 3 January 1999. Quezon City Please take notice that counsel has requested to be heard on August 9. it is sufficient that the request not contain a date. For this reason. The Comment contains several allegations of fact and misinterpretations of the record that may mislead the court and need to be corrected. 2. 9. MOTION FOR LEAVE OF COURT TO FILE PLEADING [with EXPLANATION FOR SERVICE BY REGISTERED MAIL25] Republic of the Philippines SUPREME COURT Manila LAKI UTANG. a Notice of Hearing is not required.) ATTICUS FINCH date and a NOTICE to opposing counsel of the hearing date requested. Consequently. a Reply can no longer be filed as a matter of course. petitioner seeks leave of this Court to file the said Reply. 5 January 2000. 1997 Rules on Civil Procedure. 1999 at 8:30 in the morning. Respondent.R. 77 Under Rule 15.THE BRANCH CLERK OF COURT Metropolitan Trial Court Quezon City. and for that purpose. petitioner respectfully prays that he be granted leave of court to file a Reply and for the Court to admit the attached Reply.” 55 Cf.) MITCH MCDEERE B. petitioner intends to file a Reply. Quezon City for Manila. ________ versus DAMI LUPA. Under existing rules. a copy of which. sec. No.

respectfully states that: 1. (SGD. Page 14 of 63 . Defendant. it may be practical to combine the Explanation and the Affidavit of Service. However. 99 1989 Bar Question.00). The Answer admits the material allegations of the Complaint and has not tendered any issue. it being required only that it is signed.) ATTICUS FINCH C. where an Affidavit of Service is required. Plaintiff. by counsel. 97-31312 For: Sum of Money LAKISA HIRAP. Thus. 0 0 Please note that this is a litigious motion. Cf. _________________. WHEREFORE.e 13.x MOTION FOR JUDGMENT ON THE PLEADINGS Plaintiiff. In his Answer. plaintiff respectfully prays a judgment on the pleadings be rendered in his favor.e.EXPLANATION28 The foregoing Motion and its attachment were served on Atty.) MITCH MCDEERE Request for and Notice of Hearing30 88 The requirement is for a written explanation if service is done by registered mail instead of by personal service. in the Supreme Court.. MOTION FOR JUDGMENT ON THE PLEADINGS29 LAKISA LAYAW. i. x ------------------------------------. a specific hearing date must be requested and notice thereof given to adverse party through counsel. consequently. versus Civil Case No. 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.000. Mitch McDeere by registered mail instead of personal service as counsel for petitioner only has one messenger and personal service would have resulted in the motion not being filed on time to the detriment of petitioner. sections 11 and 13. 2. (SGD. On 3 August 1998. Quezon City. the explanation need not be verified. Rul. a judgment on the pleadings may be rendered. plaintiff sued defendant for a sum of money in the amount of Nine Hundred Thousand Pesos (P900. it must be set for hearing.

Complying with Rule 18. WHEREFORE. 4A. x -----------------------------. defendant submitted her Answer to the Complaint. EX PARTE MOTION TO SET FOR PRE-TRIAL31 LAKISA LAYAW. Plaintiff. plaintiff respectfully asks that this case be set for pre-trial. i.) ATTICUS FINCH REQUEST AND NOTICE32 THE BRANCH CLERK OF COURT Regional Trial Court Branch 90. 97-31312 versus LAKISA HIRAP. 22 Note the difference between this “Request and Notice” and that contained in Form No. (SGD. Page 15 of 63 . plaintiff respectfully prays that this case be set for pre-trial on a date convenient to this Honorable Court. Defendant. section 4 of the 1997 Rules on Civil Procedure. On 1 June 1999. MITCH MCDEERE.e. it is a motion which the Court “may act upon without prejudicing the rights of the adverse party” and moreover because Rule 18. 2 The Firm Laguna Street. section 1 of the 1997 Rules on Civil Procedure. thus. Note that the motion is expressly denominated as ex parte.x EX PARTE MOTION TO SET CASE FOR PRE-TRIAL PLAINTIFF. this does not contain a date of hearing because under Rule 15. 2. Civil Case No.. thereby causing the issues to be joined. section 1 of the 1997 Rules on Civil Procedure.D. ripe for pre-trial. This case is. it is now mandatory on the part of the plaintiff to move ex parte for setting of pre-trial. respectfully states that: 1. section 1 expressly defines this to be an ex parte motion. no need for hearing. ATTICUS FINCH 11 Under Rule 18. 3 June 2000. Quezon City Please submit the foregoing to the Court for its approval immediately upon receipt hereof. Quezon City Please take notice that counsel has requested for the approval of the foregoing motion immediately upon receipt. Quezon City. ESQ. by counsel.

This motion is prompted only by the foregoing reason and not for delay. the undersigned is constrained to ask for an additional fifteen (15) days from 10 August 1999. Defendant. however. Page 16 of 63 . respectfully states that: 1. Quezon City. 2. Civil Case No. Plaintiff. 008877 versus PASEN SYOSO. MOTION FOR POSTPONEMENT33 DILA TORY. thus. Without impugning the importance of these proceedings. This case is set for trial on 5 August 1999 at 8:30 in the morning. Plaintiff. For this reason. 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. MOTION FOR EXTENSION OF TIME DILA TORY. 009988. the request and notice need not specify a date of hearing and simply state that it is being submitted for approval “immediately upon receipt.E. this motion is considered a non-litigious motion. He has been directed to file a Reply to defendant’s Answer by 10 August 1999. otherwise. plaintiff respectfully prays that the trial scheduled on 5 August 1999 be POSTPONED to another date convenient to this Honorable Court. Defendant. Criminal Case No.x MOTION FOR EXTENSION OF TIME PLAINTIFF. On said date and time. the accused in said case would be deprived of the opportunity to confront and cross-examine a vital witness against her. by counsel. Civil Case No. 30 July 1999. plaintiff respectfully submits that his attendance in the Makati case becomes indispensable. by counsel. Bil Moko”. 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. 4 4 In some instances. 008877 versus PASEN SYOSO. x -----------------------------------. respectfully states that: 1. MITCH MCDEERE REQUEST FOR AND NOTICE OF HEARING34 F. The undersigned counsel.” Although. x -----------------------------------. WHEREFORE. or until 25 August 33 1987 Bar Question. 3. 2. where he is scheduled to terminate cross-examination of the prosecution’s expert witness who will be available only 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.x MOTION FOR POSTPONEMENT PLAINTIFF. 4.

by counsel. within which to submit plaintiff’s Reply. 000909 versus PADME AMIDALA. Defendant’s reglementary period to file Answer ended on 5 April 1999. Plaintiff. respectfully states that: 1. or until 25 August 1999. Despite the lapse of time. Quezon City. (SGD) DARTH SIDIOUS Counsel for Plaintiff REQUEST FOR AND NOTICE OF HEARING35 55 Please note that defendant is entitled to be notified of this motion and the order declaring him/her in default. Quezon City. Page 17 of 63 . thereafter. plaintiff respectfully prays that he be granted an additional fifteen (15) days from 10 August 1999. MOTION TO DECLARE DEFENDANT IN DEFAULT ANAKIN SKYWALKER.1999. Plaintiff filed this Complaint against defendant on 1 March 1999. 3. x ---------------------------------. as indicated by the Sheriff’s Return of even date.x MOTION TO DECLARE DEFENDANT IN DEFAULT PLAINTIFF. Civil Case No. 1 August 1999. a copy of which is attached as ANNEX A. 7 April 1999. 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. MITCH MCDEERE Counsel for Plaintiff REQUEST FOR AND NOTICE OF HEARING G. defendant loses the right to receive any other notices except for judgment in default. within which to submit plaintiff’s Reply. This motion is not intended for delay but is motivated only by the foregoing reason. summons were served on defendant on 20 March 1999. WHEREFORE. 2. 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. Defendant. no motion for extension of such period was filed nor was any granted motu propio by this Honorable Court. WHEREFORE.

Five (5) days after service of summons and receipt of Complaint.x MOTION TO LIFT ORDER OF DEFAULT DEFENDANT. 3. 1997 Rules on Civil Procedure. which. Prohibition and Mandamus37 I. which was received by plaintiff’s counsel on 25 March 1999. 2. was set for hearing on 10 April 1999. Consequently. Rule 65. (SGD) OBI WAN KENOBI Counsel for Defendant REQUEST FOR AND NOTICE OF HEARING FORM NO. Quezon City. Without waiting for the hearing on the Motion to Dismiss. sec. respectfully states that: 1. Defendant. Certiorari. 8 April 1999. was tolled by the filing of a Motion to Dismiss. 4. 5. (b) the reglementary period has not lapsed because of the filing of the Motion to Dismiss within the period. Page 18 of 63 . defendant respectfully prays that the Order of Default against her be LIFTED and that this Honorable Court resolve her Motion to Dismiss.H. SPECIAL CIVIL ACTIONS A. WHEREFORE. Under the circumstances. MOTION TO LIFT ORDER OF DEFAULT36 ANAKIN SKYWALKER. 000909 versus PADME AMIDALA. Civil Case No. CHECKLIST OF REQUIREMENTS:  60 days from notice of judgment or final order38        66 77 88 Names of petitioner and respondent Grounds relied upon Relief Statement of Material Dates Verification Certification against Forum Shopping Attachments: 1985 Bar Question. Plaintiff. the order of default should be lifted. Rule 65. The Motion to Dismiss. by counsel. the order of default is premature and without legal and factual basis as : (a) defendant has not failed to file an Answer within the reglementary period. this Honorable Court declared defendant in default on 7 April 1999 based solely on plaintiff’s Motion. however. 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. and (c) the pendency of the Motion to Dismiss is prejudicial to the issue of defendant’s default. x ---------------------------------. filed two (2) days after the supposed lapse of the reglementary period. as indicated on the “Request for and Notice of Hearing”.

. 6. mandamus and prohibition. jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction. by counsel. section 2 applicable to petitions for certiorari.” 00 To the standard “Verification and Certification Against Forum Shopping”. citizenship. decision or finding) for being in grave abuse of discretion. 49. denied. par.) 3. [c] and that. (State the date on which copy of Decision was received and/or Resolution on Motion for Reconsideration. SAMPLE/REPRESENTATIVE FORMS: A.) COUNSEL VERIFICATION. _________________ (SGD. 52 and 56 apply. 2 expressly makes Rule 56. it is respectfully prayed that a writ of certiorari be issued ANNULLING the (act. legal right. section 3 provides that the petition must be accompanied not only by a certified true copy of the judgment or order questioned but also by “such material portions of the record as are referred to therein. status and residence. 51.e. CERTIORARI (with Injunction and/or TRO) (Caption and Title) PETITION PETITIONER. will cause grave and irreparable injury to petitioner. Rule 56. if filed. (State entitlement to Injunction and/or TRO. unless restrained. [a] petitioner has a clear. 48. and other documents. section 6. 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. nor any plain or adequate speedy remedy in the ordinary course of law. except this petition. CERTIFICATION AGAINST FORUM SHOPPING AND VERIFIED STATEMENT OF MATERIAL DATES40 99 Rule 65. ADD the date when the Decision or Judgment was received pursuant to the requirements under the Rules of Court.) 5. Page 19 of 63 . in the interim. i. Certified true copies of the judgment/order subject of petition  All material portions of the record as would support the petition39 II. (State capacity of petitioner and respondent/s. (State briefly the facts and circumstances under which the respondent/s exercising judicial functions acted without. [b] which is threatened by an act or omission of respondents. Rule 46. There is no appeal from such decision. section 2 provides that Rules 46. WHEREFORE. respectfully states that: 1. or in excess of. that a preliminary injunction and/or temporary restraining order issue to ENJOIN any further proceedings by respondents. relevant or pertinent thereto.) 4. A certified true copy (or duplicate original copy) of the Decision under review is attached as ANNEX A. Quezon City.) 2.

and that after due notice and hearing. status and residence. [b] which is threatened by an act or omission of respondents.) 4. or unlawfully excluded the petitioner from the enjoyment of a right or office to which the petitioner is entitled.) 5. MANDAMUS (Caption and title) PETITION PETITIONER. by counsel. (State capacity of petitioner and respondent/s. trust or station. if filed. nor any plain or adequate speedy remedy in the ordinary course of law.) 3.) 3. will cause grave and irreparable injury to petitioner. (State entitlement to Injunction and/or TRO.B. 11 To the standard “Verification and Certification Against Forum Shopping”. [c] and that. (State the facts and circumstances whereby respondent/s unlawfully neglected the performance of an act which the law specifically enjoins as a duty resulting from an office. Petitioner has no appeal from such decision.) 2. jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction. 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. A certified true copy (or duplicate original copy) of the Decision under review is attached as ANNEX A. WHEREFORE. i. ADD the date when the Decision or Judgment was received pursuant to the requirements under the Rules of Court.) 2. Quezon City.. (State briefly the facts and circumstances under which the respondent/s whether exercising judicial or ministerial functions acted without. legal right. (If applicable.) COUNSEL VERIFICATION. it is respectfully prayed that an injunction or TRO be issued directing respondent/s to desist and refrain from further proceedings in the premises. denied. PROHIBITION (Caption and Title) PETITION PETITIONER. citizenship. respectfully states that: 1. by counsel. Page 20 of 63 . or in excess of. except this petition. respectfully states that: 1. 6. CERTIFICATION AGAINST FORUM SHOPPING AND VERIFIED STATEMENT OF MATERIAL DATES41 C. [a] petitioner has a clear. unless restrained. _________________ (SGD. There is no appeal from such decision. a writ of prohibition issue directing respondent/s to desist absolute and perpetually from further proceedings (in the said action or matter). state the date on which copy of Decision was received and/or Resolution on Motion for Reconsideration. nor any plain or adequate speedy remedy in the ordinary course of law.e. (State the capacity of petitioner and respondent/s and their addresses. except this petition.

48  Declaratory Reliefs . will.Any person interested under a deed.42 Interpleader.(a) Solicitor General. section 1.facts showing interest under a deed. and claimants over the same subject matter. Rule 66. will.facts showing conflicting claims made on the same subject matter over which petitioner claims no interest or an interest that is not disputed by claimants. ________________ (SGD. Rule 62. section 1.facts showing usurpation of office and facts showing entitlement of petitioner to the office.43 Quieting of Title and Declaratory Relief44 I.50  Interpleader . Rule 62. and who stands to suffer injury by operation of the said deed. will. Quo Warranto.47  Interpleader . Rule 66. Rule 63. after due notice and hearing. section 6. it is respectfully prayed that. Rule 62.Petitioner.) COUNSEL VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING B. contract or other writing.51  Declaratory Relief . Rule 63. sections 1 and 2. section 6. Page 21 of 63 . when directed by President or motu propio. with costs against them. who must claim no interest or has an interest not disputed by claimants. CHECKLIST OF REQUIREMENTS:  Parties  Quo Warranto . before breach thereof. section 2. contract or other writing and facts showing that no violation or breach has 22 33 44 55 66 77 88 99 00 11 Rule 66. Rule 66. contract or other writing.49  Material Allegations of Ultimate Facts  Quo Warranto .45 Person claiming to be entitled to public office or position usurped or unlawfully held or exercised by another. a writ of mandamus issue commanding respondent/s forthwith to: (state the act required to be done). section 5. will. may bring action in his own name46 against the alleged usurping public officer. contract or other written instrument and injury arising from operation of said deed. Rule 66. Quezon City.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. (SGD. quiet title (arising from conflicting claims or cloud thereon) orn to consolidate ownership (as when property under pacto de retro not redeemed)52 Prayer/Reliefs Date/Place of Execution Signature of Counsel Verification Certification Against Forum Shopping II. ____________ versus UMA AGAW and INA AGAWAN. SAMPLE/REPRESENTATIVE FORMS: A. On 1 June 1999. as first lien upon the subject matter of this action. defendants made similar representations to plaintiff as to ownership of the watch. plaintiff found a Gold Rolex Oyster watch. plaintiff resides at ______________ while defendants reside at ___________ and _______________. 1357 22 Rule 63. without knowing who its true owner is.54 Quezon City. In this way. plaintiff will not be unduly prejudiced by the costs of the suit.x COMPLAINT PLAINTIFF. SCA No. 44 It is important to allege this because otherwise plaintiff would be required to pay the docket fees involved in filing the Complaint in Interpleader which would be determined by the value of the property. Plaintiff and defendants are all of legal age. 3 3 Rule 62. 3. respectively. Plaintiff. who claims no interest in the watch. WHEREFORE. The watch is now in plaintiff’s possession. _______________. may also show facts showing need to reform instrument. 2. Page 22 of 63 . 12345 SCA No. par. 1. x --------------------------------------. cannot determine the conflicting claims of defendants and thus seeks to compel defendants to interplead and litigate their several claims between themselves. Plaintiff. where they may be served with pertinent notices. ACTION TO (REMOVE CLOUD ON OR) QUIET TITLE)55 IN RE : QUIETING OF TITLE OVER THE PROPERTY COVERED BY TCT NO. COMPLAINT IN INTERPLEADER53 NALI LITO. section 1. by counsel. respectfully states that: 1. sec. Defendants. 2.     occured.) ATTICUS FINCH Counsel for Plaintiff VERIFICATION & CERTIFICATION OF NON-FORUM SHOPPING B. On or about 5 June 1999. 55 Rule 63.

x PETITION PETITIONER. 2. Plaintiff is a Filipino citizen of legal age and resident of Quezon City. (SGD. 1. UMA AGAW.00 for each offense in addition to impounding of the cellular 66 Rule 63. On 1 August 1999. respectfully states that: 1. 4. Defendant. The same is annotated on the title as the only encumbrance thereon. He is the special administrator of the estate of the deceased DAMI LUPA. Equity demands that the said Deed of Sale be surrendered and cancelled. ACTION FOR DECLARATORY RELIEF56 INA API. as it is a cloud upon the title of the deceased and his lawful heirs. 2345 making it unlawful to operate cellular phone units while inside a moving vehicle and penalizing any violations with a fine of P1. 1. as shown by a judgment in Civil Case No. respectfully states that: 1. 12345 in the Register of Deeds of Makati. 3. a copy of which is attached. Respondent. defendant is the City Council of Quezon City. and particularly described. sec. par. 2468 versus THE CITY COUNCIL OF QUEZON CITY.NALI LITO. Plaintiff. the duly-constituted legislative body for Quezon City. The sale is fictitious and the Deed of Sale is forged. during his lifetime. its members may be served with notices at Quezon City Hall. as Special Administrator of the Estate of the deceased DAMI LUPA. 2. defendant City Council passed Ordinance No. as follows: (Describe property) covered by TCT No. WHEREFORE.000.) MITCH MCDEERE Counsel for Petitioner Verification and Certification of Non-Forum Shopping C. Petitioner. 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. x -----------------------------------------------. x --------------------------. Civil Case No. executed a Deed of Sale of real estate in favor of the respondent dated _____________. by counsel. Page 23 of 63 . ________________. The deceased. Quezon City. 2468. 12345 removed. 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.x COMPLAINT PLAINTIFF. by counsel.

majority of business is conducted in transit and over cellular phones.) 3. 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. WHEREFORE. 4.phone unit. QUO WARRANTO (Caption and title) COMPLAINT PLAINTIFF. Unless declaratory relief is granted. plaintiff respectfully prays that this Honorable Court grant declaratory relief and declare plaintiff’s rights and duties under the Ordinance. The Ordinance appears to bar his doing so but plaintiff is unaware of the limits of permissible action under the Ordinance. (State that plaintiff has demanded that defendant vacate said office and deliver it to plaintiff but that defendant has unlawfully refused to do so. Plaintiff is a lawyer who frequently has to dictate important pleadings over the phone while in transit due to the worsening traffic condition. (SGD) COUNSEL VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING Page 24 of 63 . (State fully and clearly the facts and circumstances showing that defendant is unlawfully occupying a public office and that plaintiff is entitled to hold the same office. The relevant portions of the Ordinance are. (State the capacity and address of both plaintiff and defendant. 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. ATTICUS FINCH Counsel for Plaintiff Verification and Certification of Non-Forum Shopping D. due to the worsening traffic conditions in Metro Manila. respectfully states that: 1.) WHEREFORE.) 2. 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. by counsel. as follows: (Quote the relevant portions) 3.

Note that this may be done before a prosecutor. Mr. residing at 5 Privet Drive. I accuse and hereby charge MR. sec. 8 8 Id. moreover. and resident of 4 Privet Drive. COMPLAINT-AFFIDAVIT I. Ma Ingay’s remarks. Ingay did not retract his remarks. or any government official authorized to administer an oath. MA INGAY. of legal age. Ingay’s public and defamatory utterance was clearly a reference to me and to no other. no doubt that Mr. COMPLAINT-AFFIDAVIT Republic of the Philippines City of Makati ) ) s. uttered in a public meeting are clearly insulting and defamatory as they malign me and attribute to me a criminal act. of violating Article 358 of the Revised Penal Code (Slander and Oral Defamation). MA SELAN. 2000 Rules on Criminal Procedure. 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. CHECKLIST OF REQUIREMENTS:  Identity of affiant and other personal circumstances57  Statement of venue  Factual allegations to show violation or defense  Signature of affiant  Verification  Certification as to Personal Examination of Affiant58  Supporting Documents/Affidavits II.. 5. Makati. Page 25 of 63 . Ingay’s use of the word “swindled” was deliberate as his explanation and clarification a few utterances thereafter would show.s. maliciously and deliberately uttered defamatory remarks against me during the Board Meeting of the Association on April 27. or in their absence or unavailability. do hereby state under oath that: 1. Prior resort to the Barangay conciliation system proved fruitless as Mr. Filipino. character and 77 Rule 112. Mr. a Notary Public. 1998. 1: AFFIDAVIT-COMPLAINT/COUNTER-AFFIDAVIT I. Triple X Village. 4. Ingay’s remarks are also very serious as they cast aspersions on my reputation. SAMPLE/REPRESENTATIVE FORMS: A. Triple X Village. a “Certification to File Action” was issued by the Barangay Chairperson. I am a member of the Triple X Village Homeowner’s Association (“Association”) and was formerly a Director and Corporate Secretary of the Association. 2. Ingay and the other members of the Board in attendance: (Quote Exchange) Attached as ANNEX A is a copy of the official transcript of the meeting. Consequently. Consequently. 3(a).ART TWO: PLEADINGS AND OTHER LEGAL FORMS IN CRIMINAL PROCEDURE FORM NO. committed against me when he publicly. Makati. nature and predisposition. calling me a swindler twice over. 3. This is attested to by the following exchange that transpired between Mr. a copy of which is attached as ANNEX B. There is. Mr.

of legal age. MA LABO.000. do hereby state under oath that: 1. No. Mr. I informed her that he was not around. reputation and character are incapable of pecuniary estimation as these are the result of a lifetime’s effort to build a name. Five Hundred Thousand Pesos (P500.s. Investigating Prosecutor59 B.000. Gulang called the office of the Mayor. 1613 I. 2000 Rules on Criminal Procedure.000. Sometime last year. I am also holding Mr.S. sec. which made the Mayor their Honorary Chairman with no direct functions. For this reason. and have been occupying said post since his election to the post in 1998. I relayed the message to him. 6. I am the Chief of Staff of the Mayor of Quezon City. MANGGA GANTSO of the Quezon City Rescue and Environmental Distress Unit.1. There is no truth to the allegations in MA GULANG’s complaint. Page 26 of 63 . No. Ms. she then told me if the Mayor could refer her to prospective clients. 3. Ingay’s remarks have injured my name. I am in charge of coordinating the day-to-day affairs and activities of his Office.000.00) in moral damages and Five Hundred Thousand Pesos (P500. Ingay cannot be allowed to simply go scot-free without bearing the consequences of his acts. In said capacity. COUNTER-AFFIDAVIT Republic of the Philippines The City of Makati ) ) s. 1613. Investigating Prosecutor CERTIFICATION I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIED THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT. I informed her that both the Mayor and I had our units already. TO THE TRUTH OF THE FOREGOING.00) in nominal damages. COUNTER-AFFIDAVIT Re : I.very person before my peers and fellow homeowners. The Complaint must be dismissed. The charge is based on a supposedly unpaid account for the purchase of seven (7) Nextel phone units by a Mr. To rebut and contradict MA GULANG’s malicious lies. looking for him. MA SELAN Complainant-Affiant SUBSCRIBED AND SWORN TO BEFORE ME this ___ day of December 1998. I set forth the true circumstances leading to the transaction below: 4. reputation and character before my neighbors and peers. 3(a). reputation and character that my children and their children can be proud to bear. 99 Rule 112. 4. 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. Ma Ingay liable civilly for defaming me in the amount of One Million Pesos (P1. When the Mayor arrived. filed by a certain MA GULANG on 19 January 2000 before the Office of the City Prosecutor for Quezon City. a charge for estafa. While my name.00) in exemplary damages. he has been supporting their activities financially with voluntary contributions. I recently learned that I have been made a respondent in I. I have signed this Complaint-Affidavit on __ December 1998. There is no factual nor legal basis to charge me with estafa.S. 2. Mr.

Gulang would hold me liable for estafa when all that I did was to refer Ms. 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 benefitted from the Nextel units (which Ms.4. Ms.2. Gantso and told him to pay Ms. I performed NO ACT that even remotely resembles ANY of the acts punished under Article 315. Gantso and Ms. If at all. 4. I gave her the telephone number of Gantso so that she could just call him directly. be dismissed. as a result. The Mayor asked me to call Ms. But even then.000. I set up an appointment for Mr. to a certain extent. Gantso had not paid her the amount of P11. (SGD) MA LABO (*) Verification (**) Certification Page 27 of 63 . Gulang. 5. Gulang. Considering the foregoing. Mr. TO THE TRUTH OF THE FOREGOING. I have signed this Statement on 3 February 2000. Gantso had yet to pay. Thereafter. 6.5. Gantso had called the Mayor asking if he could assist in securing Nextel units. 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. Some time after that. Gantso to meet with her at the Office. I would still get calls from Ms. Somewhat embarrassed by this.00 for the units. On that day. Gulang brought the units to the Mayor’s Office. It is utterly inexplicable that Ms. Gantso.6. 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.3. Gulang to Mr.4. Gulang were able to meet. she met with Mr. Gulang does not even allege and cannot prove). not to me. I even exerted my best efforts to see that Ms. thus. 4. Quite coincidentally. I performed no act of deceit or fraud against her in ordering the units. After persistent calls from Ms. any civil liability should pertain to the Office of the Mayor. he assured me that he would pay her but that he just needed to collect money from the rest of the group. Gulang telling me that Mr. Gantso had not yet paid. 7. For this reason. I would follow up with Mr. Mr. Ms. I called Mr. 4. Gulang. They transacted business inside the Mayor’s Office and only passed by my office on their way out. 4. and when she started to get angry over the telephone. The Complaint against me should. Gantso inside the Mayor’s office. Gantso but he simply gave me this promise that he would pay. Gulang phoned me and told me that Mr. Gulang. it is certainly incomprehensible that I should stand accused of estafa by Ms. I would still receive phone calls telling me that Mr.

2000 Rules on Criminal Procedure. 4 4 See Rule 110. 2000 Rules on Criminal Procedure. 2000 Rules on Criminal Procedure. 66 See Rule 110. section 8. 2000 Rules on Criminal Procedure. 00 Id. 2000 Rules on Criminal Procedure. 2000 Rules on Criminal Procedure.. 2000 Rules on Criminal Procedure. 88 See Rule 110. CHECKLIST OF REQUIREMENTS:  Parties  Name of offended party61  Name of accused62  Designation of offense by statute63  Acts or omissions complained of as constituting the offense including a statement of the qualifying or aggravating circumstances64  Approximate time of the commission of the offense65  Place of commission66  Signature of Prosecutor (for Information)67  Signature of Offended Party. section 12. 2: INFORMATION AND COMPLAINT60 I. section 14. Peace officer or Public officer charged with enforcement of the law (for Complaint)68  NOTE: if Information is filed after inquest (and not preliminary investigation). 2000 Rules on Criminal Procedure. ADD:  Place where accused is actually detained69  Full name and address of evidence custodian70  Detailed description of recovered items. 33 See Rule 110. 4. section 4. section 6-13. 61 (September 21. sections 3. section 7. “New Rules on Inquest”).FORM NO. 2000 Rules on Criminal Procedure. section 13. 1993. 44 See DOJ Circular No. 1 1 Id. section 10. a significant amendment to the 2000 Rules requires the Information now to contain a statement of the qualifying or aggravating circumstances.. 55 See Rule 110. 2 2 See Rule 110. 2000 Rules on Criminal Procedure. 3 3 See Rule 112. 11 See Rule 110. Page 28 of 63 . 61 (September 21. if any71  Verification72  Certification of Preliminary Investigation73 or Inquest74 00 Rule 110. 2000 Rules on Criminal Procedure. section 9. section 4. section 11. 7 7 See Rule 110. section 3. “New Rules on Inquest”). 1993. 22 See Rule 110. 9 9 See DOJ Circular No.

x INFORMATION The Undersigned accuses PI KUTIN of the crime of Bigamy. and that the filing of this Information is with the prior authority and approval of the City Prosecutor. 55 1989 Bar Question. that the accused was informed of the Complaint and of the evidence submitted against him and was given the opportunity to submit controverting evidence. that I examined the Complainant and her witnesses. Plaintiff. Revised Penal Code. 77 This Certification is appended to an Information filed after a full blown preliminary investigation is conducted. Any Information filed would thus have a different Certification. 00567 For : Bigamy PI KUTIN. x ---------------------------------------. which applies when a Notary Public administers the oath.II. Plaintiff. thus. the ACP should have conducted an INQUEST and not a preliminary investigation. versus Criminal Case No. that there is reasonable ground to believe that the offense charged had been committed and that the accused is probably guilty thereof. Page 29 of 63 . AL CAPONE City Prosecutor}78 Bail Recommended: P10. INFORMATION (with CERTIFICATE OF PRELIMINARY INVESTIGATION OR INQUEST) (1) BIGAMY75 PEOPLE OF THE PHILIPPINES. i. the JURAT does not contain any reference to the CTC details. in the City of Quezon and within the jurisdiction of this Honorable Court.000. if the accused was arrested without a warrant and refused/failed to execute a written waiver of the provisions of Article 125. Contrast this with the jurat in Form 1. unlawfully and felicitously contract a second marriage with ASA WA in the City of Quezon. and without such marriage having been legally dissolved and thus valid and existing. See infra. SAMPLE/REPRESENTATIVE FORMS: A. committed as follows: That on or about 3 July 1998. 6 6 Note that the allegation of any aggravating circumstances may be made here.. 99 1988 Bar Question. CONTRARY TO LAW. 88 Please note that the oath is administered by a public officer authorized to administer an oath.e. Accused.76 ELLIOT NESS Assistant City Prosecutor CERTIFICATE OF PRELIMINARY INVESTIGATION77 I hereby certify that a preliminary investigation in this case was conducted by me in accordance with law. a Certification on Conduct of Inquest.00 (2) THEFT79 PEOPLE OF THE PHILIPPINES. ELLIOT NESS Assistant City Prosecutor {SUBSCRIBED AND SWORN TO BEFORE ME this 9th of August 1999 in Quezon City. being then legally married to BIL MOKO. see Information for Attempted Rape infra for an example. did wilfully. the said accused.

willfully.- versus - Criminal Case No. 11 1982 Bar Question. Accused. took a gold necklace studded with diamonds valued at One Hundred Thousand Pesos (P100. CONTRARY TO LAW.x INFORMATION The Undersigned accuses KLEPTO MANIAC of the crime of Theft. to wit: while SEK SEE was cooking 00 As discussed supra. thus. commenced directly by overt acts to commit the crime of attempted rape upon her person.00) to the prejudice of said owner. there is reasonable ground to believe that the accused has committed the crime of theft and should. versus Criminal Case No. x --------------------------------------------. that based on the complaint and the evidence presented before me without any countervailing evidence submitted by the accused. Plaintiff. an Inquest was conducted. unlawfully and feloniously. with lewd designs and by means of force and intimidation. Page 30 of 63 . and finding that her husband was away. ELLIOT NESS Assistant City Prosecutor CERTIFICATION AS TO CONDUCT OF INQUEST80 I hereby certify that the accused was lawfully arrested without a warrant and that. with intent to gain. the accused did then and there wilfully. then 11 years old and without any known address. AL CAPONE City Prosecutor (3) ATTEMPTED RAPE81 PEOPLE OF THE PHILIPPINES. committed as follows: That on or about 3 July 1998. x --------------------------------------------.000. despite opportunity to do so. Accused. upon being informed of his rights. that this Information was with the prior authority of the City Prosecutor. for this reason. ELLIOT NESS Assistant City Prosecutor SUBSCRIBED AND SWORN TO BEFORE ME this 9th of August 1999 in Quezon City. refused to waive the provisions of Article 125 of the Revised Penal Code and. in the City of Quezon and within the jurisdiction of this Honorable Court. in Quezon City. be held for said crime. the owner. An inquest is conducted only if the respondent was arrested without a warrant and does not waive the provisions of Article 125 of the RPC and does not wish to avail of a full-blown preliminary investigation. a married woman. this Certification accompanies an Information filed after an inquest and not a preliminary investigation is conducted. 00567 For : Theft KLEPTO MANIAC. without force upon things or violence upon persons and without the knowledge and consent of MA ALAHAS. 00567 For : Attempted Rape MAEL SIA. the said accused. unlawfully and feloniously enter the house of SEK SEE.x INFORMATION The undersigned accuses MAEL SIA of attempted rape committed as follows: That on or about 6 June 1992.

lunch. the accused did then and there take a loaded . threw her to the floor. ELLIOT NESS Assistant City Prosecutor CERTIFICATION OF PRELIMINARY INVESTIGATION OR INQUEST Page 31 of 63 .x INFORMATION The undersigned accuses MAMA MATAY of frustrated murder committed as follows: That on or about 21 August 1996. an invalid septuagenarian. CONTRARY TO LAW with the aggravating circumstances of Evident Premeditation. the accused seized her from behind. raised her skirt. ELLIOT NESS Assistant City Prosecutor CERTIFICATION OF PRELIMINARY INVESTIGATION OR INQUEST (4) FRUSTRATED MURDER PEOPLE OF THE PHILIPPINES. use of firearm and disregard of age. in Quezon City. which wounds would have been fatal had not timely medical assistance been rendered to the said Vic Tima. Accused. directly aim the same firearm at the person of VIC TIMA. pulled down her underwear and attempted to penetrate her with his sexual organ and would have succeeded in doing so had not her loud protests and vigorous resistance brought her neighbors to her assistance. with intent to kill. x --------------------------------------------. inflicting on said Vic Tima two (2) wounds on his chest and stomach. at point blank range. causing the accused to flee from the premises without completing all the acts of execution. CONTRARY TO LAW with the aggravating circumstance of dwelling. discharge the firearm twice against the person of said Vic Tima.44 Caliber Magnum pistol. 00567 For : Frustrated Murder MAMA MATAY. Plaintiff. and. versus Criminal Case No.

Rule 117. THIS COURT IS WITHOUT JURISDICTION. IT CONTAINS AVERMENTS WHICH. is exempt from criminal liability. Page 32 of 63 . 2000 Rules on Criminal Procedure. There is no allegation that the accused acted with discernment. CHECKLIST OF REQUIREMENTS:  Caption and Title  Parties  Distinct specification of factual and legal grounds for quashal83  Relief  Date  Signature of counsel  Notice of Hearing  Affidavit of service II. 3.x MOTION TO QUASH THE ACCUSED. section 2 in relation to section 3. x -----------------------------------------. Plaintiff. In support. 00567 For : Theft KLEPTO MANIAC. respectfully moves to quash the Information for the crime of theft on the following: GROUNDS 1. cannot be tried but instead shall have the benefit of a suspension of all proceedings against him. unless sixteen years of age at the time of the commission of a grave or less grave felony. Motion to Quash Information82 I. unless he acted with discernment.FORM NO. the accused respectfully states that: ARGUMENT The Information alleges that the accused KLEPTO MANIAC is eleven (11) years old and without any known address. Accused. by counsel. versus Criminal Case No. 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. IF TRUE. the accused cannot be tried but instead proceeded against under Article 80 of the Revised Penal Code. paragraph 3 of the Revised Penal Code. WOULD CONSTITUTE A LEGAL JUSTIFICATION. Even granting said discernment. 2. SAMPLE/REPRESENTATIVE FORM: Republic of the Philippines REGIONAL TRIAL COURT National Capital Region Branch 90-Quezon City PEOPLE OF THE PHILIPPINES. a person over nine years of age and under fifteen. MOTIONS A. Under Article 12. which provides that a minor. 22 33 1988 Bar Question.

x ---------------------------------------------. signed by a judge and directed to a peace officer. it is respectfully prayed that the Information against the accused be QUASHED and that the accused be released immediately from detention. sec. by counsel.89  Relief  Date  Signature of counsel  Notice of Hearing  Affidavit of service II. Rule 126. commanding him to search for personal property described therein and bring it to the court) and sec. Quezon City. 1 (order in writing in the name of the People. 4.85  Served beyond period. sec. Plaintiff. art. 4 (particular description of the place to be searched and the things to be seized).87  No personal determination of probable cause by Judge. 55 Rule 126. sec. 2000 Rules on Criminal Procedure. respectfully moves for the quashal of Search Warrant No. SAMPLE/REPRESENTATIVE FORM: (Caption) PEOPLE OF THE PHILIPPINES. 99 Const. 4. 2. this is a new pleading expressly recognized for the first time in the Rules. sec. although it has been used widely in practice and even acknowledged by the Supreme Court in case law. Accused. 66 Rule 126. Motion to Quash Search Warrant84 I. versus VIG CHAN.WHEREFORE. 00022 For: Libel . Please take note that this may be filed in and acted upon only by the court where the action is filed but if no action has yet been filed.x MOTION TO QUASH SEARCH WARRANT The ACCUSED. If no resolution has yet been made by the Search Warrant Court by the time an Information is filed.88  No probable cause. 1122 issued by this Honorable Court on and dated 12 July 2000 based on the following considerations: 44 Rule 126. sec. Page 33 of 63 Criminal Case No. 8 8 Id. it may be filed with the court that issued the search warrant. 2000 Rules on Criminal Procedure. 10. (1987).86  More than one offense.. 6 in relation to sec. _______________. sec. 2000 Rules on Criminal Procedure. 2000 Rules on Criminal Procedure. 77 Rule 126. CHECKLIST OF REQUIREMENTS:  Caption and Title  Distinct Specification of Factual and Legal Grounds for Quashal  Failure to comply with form prescribed by law. 14. then the trial court shall resolve the Motion to Quash. (SGD) MITCH MCDEERE Counsel for the Accused REQUEST FOR AND NOTICE OF HEARING B. III.

88 See People v. Under the law. Search Warrant No. (1987). 2000 Rules on Criminal Procedure. Motion to Suppress Evidence91 I. 11. 55 Rule 126. Rule 126.98  Relief  Date  Signature of counsel  Notice of Hearing  Affidavit of service II. Rule 126. 7 7 Rule 126. 2 2 Rule 126. sec. 23 July 2000. A search was made on the same day.94  No receipt. pursuant to said search. SAMPLE/REPRESENTATIVE FORM: Republic of the Philippines Regional Trial Court National Capital Judicial Region Branch 104-Quezon City PEOPLE OF THE PHILIPPINES. section 3(2) in relation to section 2. art. 4 4 Const. 301 SCRA 668 (1999). thus. be quashed. the 11th day from its date. Doria. sec. 24. 2000 Rules on Criminal Procedure. 12. sec. 25 July 2001. (SGD. sec. this is certified to by the Sworn Inventory and Return executed by Major Alang Alam.) MA TAPANG Counsel for Accused Request for and Notice of Hearing90 C. the leader of the searching team (a copy of which is already part of the records). 33 Rule 126. the Search Warrant is void and must. 4. 2000 Rules on Criminal Procedure. sec. 2000 Rules on Criminal Procedure. footnote no. 10. sec. III. supra. 1122 be QUASHED and all objects seized under its purported authority be declared INADMISSIBLE under the exclusionary rule in Article III. 3. 8. certain objects were seized and delivered to the court. sec.93  More than one offense. sec.92  Served beyond period.95  No Inventory. 2000 Rules on Criminal Procedure. supra. 14.96  Property not subject of seizure. 2. It was served on the accused on 23 July 2000. 3(2). 11 Rule 126. 1122 is dated 12 July 2000. 2 in relation to sec. Quezon City. it is respectfully prayed that Search Warrant No. CHECKLIST OF REQUIREMENTS:  Caption and Title  Distinct Specification of Factual and Legal Grounds for Suppression  Search without witnesses. Plaintiff. 2000 Rules on Criminal Procedure.1. 00 See Form No. Page 34 of 63 . 10 provides expressly that a search warrant shall be valid for ten (10) days from its date and that thereafter. it shall be void.97  Not evidence in plain view. WHEREFORE. 2000 Rules on Criminal Procedure. 66 Rule 126. sec. see note 84. 4.

Discussion [1] Search Warrant No. the motor vehicle is not mala prohibita that would justify a seizure thereof. Rule 126. 6. sec. pursuant to said search. 1122 issued by this Honorable Court dated 12 July 2000. 24. supra. neither could there be a seizure of evidence in plain view. 1. allegedly for being subject of the offense. certain objects were seized and delivered to the court. 1122 was served on the 11th day and is. For this reason. thus. 00022 For: Libel VIG CHAN. the leader of the searching team (a copy of which is already part of the records). No valid seizure may be made under a void warrant. Thereafter. Quezon City. based on the following considerations: [1] Search Warrant No. the searching party also “seized” accused’s green Jaguar XJE with license plate. it is respectfully prayed that all objects seized under the void Search Warrant No. the following objects must be suppressed: [list items] [2] The motor vehicle seized does not fall within the property that may lawfully be seized. 1122 be declared INADMISSIBLE under the exclusionary rule in Article III. 23 July 2000. [2] The motor vehicle seized does not fall within the property that may lawfully be seized. 1" be immediately returned to the accused.x MOTION TO SUPPRESS EVIDENCE UNLAWFULLY SEIZED The ACCUSED. 10 provides expressly that a search warrant shall be valid for ten (10) days from its date and that thereafter. section 3(2) in relation to section 2. it was impounded and kept at the PNP Motor Pool. pursuant to Search Warrant No. 4. “No. by counsel. It was served on the accused on 23 July 2000. Search Warrant No. 4. x ---------------------------------------------.) MA TAPANG Counsel for Accused Request for and Notice of Hearing99 99 See Form No. Page 35 of 63 . thus. the Search Warrant is void. A search was made on the same day. On the occasion of the search. void. 1122 is dated 12 July 2000. Under the law. the 11th day from its date. 1122 was served on the 11th day and is. (SGD. Moreover. 1". it is prayed that the Green Jaguar XJE with license plate “No. footnote no. 3. There is no relation between the motor vehicle and libel. WHEREFORE. Accused. 2. The motor vehicle cannot be subject of the offense as accused is charged with libel. this is certified to by the Sworn Inventory and Return executed by Major Alang Alam. Furthermore. void.- versus - Criminal Case No. it shall be void. respectfully moves for the suppression of objects seized on 23 July 2001. 5. 25 July 2001.

Motion for Bail I. belies this allegation as: (a) the medical certificate (attached as ANNEX A to the Information) states that private complainant is in a virgin state with no physical and outward signs of trauma. Quezon City. respectfully moves to be allowed bail on the ground that the prosecution’s evidence of his guilt is not strong. it is respectfully prayed that the accused be granted: (1) a bail hearing. Other just and equitable reliefs are also prayed for. there is no basis to conclude that the accused raped the private complainant as there is less than circumstantial evidence of this fact. thus. SAMPLE/REPRESENTATIVE FORM: PEOPLE OF THE PHILIPPINES. grant the accused reasonable bail. _______________. The prosecution’s own evidence. (2) For these reasons. entitled to bail as a matter of right. two (2) days after the alleged rape. Plaintiff. The Information alleges that he raped the private complainant on December 25. by counsel. versus Criminal Case No. as amended. and (2) thereafter.D. as bail is generally a matter of right and is only limited and made discretionary in capital cases. 1998 at his residence in Quezon City. (SGD) MITCH MCDEERE REQUEST FOR AND NOTICE OF HEARING FORM NO. (b) the medical certificate issued by the NBI doctor (attached as ANNEX B to the Information) after a physical examination of the accused. the allegation in this regard would invariably be to the effect that the evidence of guilt is not strong and the relief prayed for would be a bail hearing and the subsequent admission to bail. CHECKLIST OF REQUIREMENTS: 000 See Rule 114. during which the prosecution should be directed to present its evidence to show the strength of its evidence of the accused’s guilt. 4: APPLICATION FOR PROBATION I. shows that he is suffering from erectile dysfunction and has been so afflicted for close 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.x MOTION FOR BAIL THE ACCUSED. CHECKLIST OF REQUIREMENTS:  Caption and Title  Parties Specification of grounds for entitlement to bail100  Relief  Date  Signature of counsel  Notice of Hearing  Affidavit of service II. however. He is. he respectfully submits the following: 1. Accused. x -----------------------------------------. WHEREFORE. Page 36 of 63 . 00567 For : Murder NAKA PIIT. however. In support.

under the circumstances. are fair. Moreover.1. SAMPLE/REPRESENTATIVE FORM: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT PASIG-BRANCH 69 PEOPLE OF THE PHILIPPINES. x ---------------------------------------------. 968. 2. Page 37 of 63 . Quezon City. Accused-applicant is of legal age and currently gainfully employed at ASN Broadcasting Corporation located at Timog Avenue. 2. 2.x APPLICATION FOR PROBATION THE ACCUSED.2. On ________.     All the requirements as in ordinary motions Grounds for Probation101 Relief Verification by applicant Notice of Hearing II. 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. consequently.4. She has not started to serve her sentence and. (SGD) ATTICUS FINCH 101 See PD 968. 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. Quezon City for Pasig City. Criminal Case No. the accused respectfully submits the following: 1. this Honorable Court in its Order dated 8 March 1999 sentenced accused-applicant to an indeterminate penalty ranging from three (3) years to five (5) years of prision correccional. as amended. she pleaded “guilty” to the offense charged herein. In support of this application. 12 March 1999. 3 Finally. to date.3. 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. WHEREFORE. 2. She has not been convicted of any crime against national security or public order. 114878 versus RECY DIVIST. respectfully applies for probation pursuant to the provisions of Presidential Decree No. specifically: 2. by counsel. She has not previously applied for nor had been previously placed under probation under Presidential Decree No. accused-applicant does not need any correctional treatment requiring commitment to an institution. 968.00). 968. as amended. accused-applicant will commit another crime. just and reasonable in the sound discretion of this Honorable Court. has not filed any Notice of Appeal from the Order of conviction. Accused-applicant humbly submits that she possesses all the qualifications and none of the disqualifications enumerated under section 2 of Presidential Decree No. Plaintiff.

by counsel. thus.000. his signature–to prove that on the date and time stated in the affidavit. and Exhibit A-1. the amount stated.00) which. Exhibit B. 404 This is a common mistake for any legal document submitted by a private prosecutor. 2. Plaintiff.. 1 OFFER OF EVIDENCE AND OPPOSITION/COMMENT TO OFFER A. then the proper first paragraph should read: “The Accused (Defendant). WHEREFORE. [ELLIOT NESS Public Prosecutor ATTICUS FINCH Private Prosecutor]104 202 Variably and acceptably denominated by others as “Formal Offer of Documentary Exhibits”. FORMAL OFFER OF EVIDENCE Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Quezon City-Branch 90 PEOPLE OF THE PHILIPPINES. was dishonored for lack of insufficient funds. the Offer of Evidence is made in table or column form such that it would be easier for the Court to see the Exhibit No.000. The marked copies of Exhibits A and B are already part of the record.x FORMAL OFFER OF EVIDENCE102 THE PROSECUTION. Accused. Exhibit B-1. Criminal Case No. the private prosecutor has no personality to formally offer the evidence.LEADINGS AND OTHER LEGAL DOCUMENTS COMMON TO CIVIL AND CRIMINAL PROCEDURE Counsel for Accused Request for and Notice of Hearing FORM NO. the reason for dishonor and the identity of the issuer. It is important to remember that the private prosecutor has no personality to do anything in a criminal case as Page 38 of 63 . Description and Purpose but. and as part of the testimony of the private complainant. by the undersigned public and private prosecutors. All that is important is that the Offer contain the Exhibit Number. Quezon City. for purposes of the Bar. on presentment for payment.00). the private complainant. to prove authorship and the authenticity of the sworn statement. as follows:” Invariably. the sworn statement of ‘Alang Kaso. the prosecution respectfully prays that the foregoing Exhibits be ADMITTED as proof of the facts therein stated and in support of its case-in-chief and for all other relevant purposes. Exhibit A. x -----------------------------------------. Exhibit B-2. please note that this applies to criminal and civil cases. a description of the Exhibit and the Purpose of Offer. 303 If the question calls for an Offer of Evidence by the Accused/Defense.000. the signature of accused on face of the check–to prove the issuance of the check. the post-dated check dated 30 June 1999. 000011 versus RECY DIVIST. In criminal cases. issued by the accused in the amount of One Million Pesos (P1. respectfully offer their documentary exhibits in support of their case-in-chief:103 1.000. the accused issued a post-dated check in the amount of One Million Pesos (P1. this would not be practicable nor practical. respectfully offers his/her documentary exhibits in support of his/her defenses. _________________. the offer is made in the name of the prosecution. the dorsal side of the check with notation “DAIF”.

and Exhibit A-1. the post-dated check dated 30 June 1999. thus. the dorsal side of the check with notation “DAIF”.105 Quezon City. Note that it would also be acceptable to have the Offer that is prepared by a private prosecutor signed by the publicprosecutor to show his conformity thereto. Exhibit B-1. Any objections to purpose should be made in the Memorandum and an appropriate reservation to do so may be stated in the Comment. then purpose may properly be objected to as relevance also determines admissiblity). thus. every legal document must be signed by both the public prosecutor and the private prosecutor. COMMENT/OPPOSITION TO OFFER PEOPLE OF THE PHILIPPINES. rather it is admissibility of the documenmt. versus Criminal Case No. the document is hearsay and inadmissible. Exhibit A. and no basis for the presentation of secondary evidence laid.000. by counsel. the sworn statement of ‘Alang Kaso. Page 39 of 63 . 2. DEMURRER TO THE EVIDENCE A. _________________. Exhibit B.00). issued by the accused in the amount of One Million Pesos (P1. ACCORDINGLY. Plaintiff. 505 Please note that the purpose of the offer is never objected to. 007 For: Violation of PD 1866 ANAKIN SKYWALKER. the ACCUSED respectfully submits that the Prosecution’s Exhibits are INADMISSIBLE and must. be EXCLUDED.000. the objection is relevance. 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. x -----------------------------------------. Plaintiff. The purpose of offer goes to weight of the document (unless of course. the private complainant. Criminal Case No. CRIMINAL CASES PEOPLE OF THE PHILIPPINES. Exhibit B-2.Copy furnished: MITCH MCDEERE Counsel for Accused B. everything is under the control and direction of the public prosecutor. 2. Thus. 000011 versus RECY DIVIST. MITCH MCDEERE Copy furnished: ELLIOT NESS Public Prosecutor ATTICUS FINCH Private Prosecutor FORM NO. his signature are INADMISSIBLE because the private complainant was never presented to authenticate the document or subjected to cross-examination. respectfully oppose the Prosecution’s Offer of Evidence for the following reasons: 1.x COMMENT ON THE PROSECUTION’S FORMAL OFFER OF EVIDENCE THE ACCUSED. Accused.

Thus. DARTH SIDIOUS Counsel for the Accused REQUEST FOR AND NOTICE OF HEARING B. Page 40 of 63 . 4. the prosecution must rely on the strength of its evidence and not wait for the accused to offer any defense. Thus. be acquitted. by counsel.106 respectfully submits this Demurrer to the Prosecution’s Evidence on the ground that the prosecution has failed to adduce sufficient evidence of his guilt to overcome the presumption of innocence and shift the burden of proof: 1.1.. The proof of the negative element is indispensable to proof of a violation of PD 1866.x DEMURRER TO THE EVIDENCE DEFENDANT. 3. Without proof of this negative element. Concretely. thus. the offense is not proven. Civil Case No. Under the Constitution. The accused is charged with violation of PD 1866. that the burden of proof shifts to the accused. See Form No. 2. Plaintiff. with leave of court previously obtained. See Form No. 4 . WHEREFORE.x DEMURRER TO THE PROSECUTION’S EVIDENCE THE ACCUSED. this means that the prosecution must prove that the accused had no legal authority to possess any firearm.Accused. Absent proof of the negative element. 000909 versus PADME AMIDALA. i. The prosecution has failed to show that the accused had no license to carry a firearm. x ---------------------------------.e. A civil demurrer may be filed with or without leave of court but if the demurrer is granted and later reversed on appeal. 1 June 1999. with leave of court previously sought and granted.107 respectfully submits this Demurrer to the Evidence because plaintiff has failed to prove 606 Note the requirement of the law that a demurrer in criminal cases may be filed only with leave of court and that for leave of court to be obtained. absence of a license. 707 Note the difference in the rule between a civil demurrer and a demurrer in criminal cases insofar as effects of leave of court is concerned. Quezon City. 2. 2. The prosecution has failed to adduce sufficient evidence of guilt such as would shift the burden of proof. the accused is presumed to be innocent until proven guilty. the defendant loses the right to adduce evidence. x ---------------------------------------. The accused is innocent. It is only in the event that the prosecution. after resting its case. CIVIL CASES ANAKIN SKYWALKER. has adduced sufficient evidence of guilt. the crime is not proven. the accused respectfully prays that the Information against him be DISMISSED and that he be ACQUITTED of the crime charged.2. the gravamen of the offense is unauthorized possession of a firearm. The effect of this presumption is that it entitles the accused to not say anything in his defense and places the burden directly on the prosecution to prove everything relative to his guilt. he must. Defendant. the pleading desired to be admitted must already be attached. by counsel. a Motion for Leave of Court to File Demurrer must already have the Demurrer attached.

above-named plaintiff. Counsel for Defendant FORM NO. x ----------------------.entitlement to his claims by a preponderance of evidence: 1. (c) the demandability of the obligation under the contract and (d) defendant’s liability for the obligation and damages. [sgd] OBI WAN KENOBI REQUEST FOR AND NOTICE OF HEARING FORM NO. 1978 Bar Question. has failed to: (a) prove the authenticity of the contract. Page 41 of 63 . Esq. 1 June 1999. defendant respectfully prays that the Complaint against her be DISMISSED. Defendant. 007 versus For: Reconveyance ALANG LUPA. after resting his case. NOTICE OF LIS PENDENS108 Republic of the Philippines REGIONAL TRIAL COURT 4th Judicial Region Antipolo. Plaintiff. 3. (Sgd) ATTICUS FINCH Counsel for Plaintiff Copy furnished: MITCH MCDEERE. This action seeks to collect a sum of money arising from a contract. Quezon City. please record this notice on the title. 2. (b) the extent of the obligation under the contract. 1 August 1999. Rizal.x NOTICE OF LIS PENDENS THE REGISTER OF DEEDS Antipolo City. plaintiff has failed to prove his claims by a preponderance of evidence and defendant is entitled to a dismissal of the Complaint against her. Civil Case No. RESPECTFULLY SUBMITTED. 4. 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. Rizal Province Please take notice that a parcel of land covered by TCT No 1234 located in Antipolo. Plaintiff. 3. Branch 71 DAMI LUPA. WHEREFORE. APPEARANCE AS COUNSEL109 Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region 808 909 1980 Bar Question. Accordingly. Consequently.

in this case. OBI WAN KENOBI No. 1 July 1999. Henceforth kindly address all pertinent notices to the undersigned at the address given below. 5. 010 This is frequently overlooked but is actually the most important part of the Entry of Appearance as it indicates to the Court the authority given and the source of such authority.x ENTRY OF APPEARANCE THE BRANCH CLERK OF COURT Regional Trial Court Quezon City-Branch 101 Please enter the appearance of the undersigned as counsel for defendant Padme Amidala. Civil Case No.Quezon City-Branch 101 ANAKIN SKYWALKER. with his express conformity as indicated below. with her express conformity as indicated below. Plaintiff. Imzadi Place Tatooine. WITHDRAWAL AS COUNSEL ANAKIN SKYWALKER.x WITHDRAWAL OF APPEARANCE THE BRANCH CLERK OF COURT Regional Trial Court Quezon City-Branch 101 Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN SKYWALKER. 1357 versus For: Legal Separation PADME AMIDALA x -------------------------------. Henceforth kindly address all pertinent notices to plaintiff at his address given in the Complaint. Quezon City. 1. Quezon City. Civil Case No. Page 42 of 63 . 4 July 1999. RESPECTFULLY SUBMITTED. Plaintiff. RESPECTFULLY SUBMITTED. in this case. Pasig City WITH MY CONFORMITY: PADME AMIDALA110 Copy furnished: DARTH SIDIOUS FORM NO. 1357 versus For: Legal Separation PADME AMIDALA x -------------------------------.

Pasig City WITH MY CONFORMITY: ANAKIN SKYWALKER FORM NO.111 Henceforth kindly address all pertinent notices to plaintiff at his address given in the Complaint. MACE WINDU 1 Imperial Palace. However. 5-A.MACE WINDU 1 Imperial Palace. Cloud City. If withdrawal is due to fundamental and irreconcilable professional differences. RESPECTFULLY SUBMITTED. if withdrawal is without conformity. 4 July 1999. Pasig City 111 Note that if the client gives express conformity. Quezon City. no reason for withdrawal needs to be given. the court may ask counsel to secure conformity. then it must be stated so that the absence of conformity of the erstwhile client is justified. for which reason the express conformity of plaintiff cannot be obtained. Page 43 of 63 . WITHDRAWAL AS COUNSEL WITHOUT CONFORMITY OF CLIENT WITHDRAWAL OF APPEARANCE THE BRANCH CLERK OF COURT Regional Trial Court Quezon City-Branch 101 Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN SKYWALKER due to irreconcilable professional differences with plaintiff. Cloud City.

Quezon City. 00222 versus PANA LO. not the appellate court. 1357 versus For: Legal Separation PADME AMIDALA x -------------------------------. Page 44 of 63 . Plaintiff. Plaintiff. Quezon City for Manila. 6. Civil Case No. Defendant. kindly address all pertinent notices to the undersigned at the address given below. for being contrary to law and the evidence presented. as shown by her express conformity below. OBI WAN KENOBI Counsel for Defendant 2 Corruscant Place Tatooine Road. a copy of which he received on 10 July 1999. Henceforth. 7: NOTICE OF APPEAL112 Republic of the Philippines REGIONAL TRIAL COURT113 National Capital Judicial Region Manila-Branch 1 TALO NAN. Pasig City WITH MY CONFORMITY: PADME AMIDALA FORM NO. by counsel. respectfully appeals to the Court of Appeals the Decision of this Honorable Court dated 1 July 1999. Civil Case No.x SUBSTITUTION OF COUNSEL THE UNDERSIGNED respectfully enters his appearance as counsel for defendant Padme Amidala in substitution of former counsel Darth Maul.x NOTICE OF APPEAL PLAINTIFF.EADINGS AND LEGAL DOCUMENTS IN DOMESTIC CASES AND SPECIAL PROCEEDINGS FORM NO. 11 July 1999. SUBSTITUTION OF COUNSEL ANAKIN SKYWALKER. ATTICUS FINCH Counsel for Plaintiff Copy furnished: MITCH MCDEERE Counsel for Defendant 212 313 1975 Bar Question. Please note that the Notice of Appeal is filed with the trial court. 1 July 1999. RESPECTFULLY SUBMITTED. x------------------------.

present the minor children personally before the Court on a date and time it chooses. by counsel. and residents of __________. Petitioner. PETITION FOR ADOPTION (Caption and title) PETITION PETITIONERS. Quezon City. Petitioner is the mother of the minors Luke and Leia Skywalker. ANAKIN SKYWALKER. who were born out of the valid marriage between petitioner and respondent Anakin Skywalker. Respondent.x PETITION PETITIONER. 1. OBI WAN KENOBI Counsel for Petitioner Verification & Certification against Forum Shopping FORM NO. the legitimate child of _________________. respondent’s refusal to allow petitioner to regain custody over the minors is unlawful and unjustified. ___ years old. x -----------------------------------------. The parents of the minor are not insane. WHEREFORE. they have not abandoned the minor child. 3. 2. PETITION FOR HABEAS CORPUS Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Makati-Branch 191 IN RE: PETITION FOR HABEAS CORPUS OF THE MINORS LUKE AND LEIA SKYWALKER SP No. 2. they have expressly given their written consent to the adoption. 1 August 1999. 111334 PADME AMIDALA. unknown to petitioner. 3. as shown by their Page 45 of 63 . and thereafter. With full knowledge of petitioners’ intention. both of legal age. Sometime in July 1999. Being below seven (7) years of age. respectfully state that: 1. subject of this petition.FORM NO. by counsel. 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. Consequently. 2. respectfully states that: 1. custody of the minors is naturally presumed to belong to petitioner. They have no legitimate children of their own and desire to jointly adopt a minor named ______________. intemperate and are in full possession of civil capacity. Petitioners are husband and wife. respondent. The marriage failed and petitioner has been living separately from respondent since the 1999. as their mother. abducted the minor children and has kept them incommunicado and out of petitioner’s reach.

Respondent is a Filipino citizen. (b) child support [§ 3]. WHEREFORE. respective ages]. should this become material. PETITION FOR DECLARATION OF NULLITY OF MARRIAGE WITH APPLICATION FOR PROVISIONAL ORDERS114 [Caption and Title] PETITIONER. (c) child custody [§ 4]. by counsel. they have [state number of children. 2003. 4. which existed at the time of the marriage in 1988 but manifested itself well into the marriage 5. The mutual psychological incapacity of the parties to remain married to each other appears to be incurable. Petitioner and respondent are currently separated in fact and have been so since May 1999. Petitioner is a Filipino citizen. the child of herein petitioners and that his/her surname be changed to that of petitioners. Clinical Psychologist [state name]. respectfully states that: 1. currently employed at [state employer] and married to petitioner. impracticable to secure a psychological report and profile of respondent. the parties had attempted formal and informal counselling sessions all of which proved unproductive as respondent proved resistant and. C and D. at times. thus. For purposes of this petition. the following provisional orders may be applied for upon filing of a petition for declaration of nullity of marriage: (a) spousal support [§ 2]. they are also morally qualified to bring up and educate the said minor. prior to this resort. Despite several attempts. of legal age and married to respondent. of legal age. 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. [sgd] COUNSEL Verification and Certification against Forum Shopping FORM NO. 3. He may be served with summons and other pertinent orders and processes of this Court at [state address] 3. 2. __________________. Page 46 of 63 . she may be served with notices and other pertinent processes through counsel at [address of counsel[. even hostile to these efforts. 414 Under AM No. A copy of the Marriage Contract executed by petitioner and respondent is attached as ANNEX A. petitioner submitted herself to a psychological and clinical assessment by a trained professional. (f) order of protection [§ 7] and (g) administration of common property [§ 8]. 6. The reason for the continuing separation in fact is the breakdown of the marriage due to both petitioner’s and respondent’s mutual psychological incapacity115 to fulfill and discharge their respective marital obligations to each other. it is respectfully prayed that judgment be rendered in petitioners’ favor adjudging the minor child _____________ 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. respondent refuses to agree to any sober and productive discussion with petitioner and is always highly emotional and angry. In compliance with jurisdictional requirements. respectively. Petitioners are qualified to adopt the minor and are financially capable of supporting the minor. 02-11-12-SC Proposed Rule on Provisional Orders adopted by the Supreme Court on March 4. 2003 and which took effect on March 15. a copy of which is attached as ANNEX A. (d) visitation rights [§ 5]. __________________. Petitioner and respondent were married on [date] and out of this marriage. a copy each of the birth certificates of the minor children is attached as ANNEX B. it was.statement. (e) hold departure orders [§ 6]. 4. 515 Note that it may be psychological incapacity only on the part of one party so the allegations may be tailored to address that situation.

2001. 2002. judgment be rendered in her favor by declaring petitioner to be psychologically incapacitated to comply with the essential obligations of her marriage to respondent. or if there are several of them. after trial. (4) to the eldest brother or sister over 21 years of age unless unfit or disqualified. thus -[1] Declaring the marriage between petitioner and respondent a nullity and. and [2] Awarding permanent custody of the children to petitioner. Thus. Petitioner cannot.20 Schizoid Personality Disorder with narcissistic features” which is described as “grave. Petitioner submits that. petitioner respectfully prays that PROVISIONAL ORDERS for child custody and child support be issued giving to petitioner custody pendente lite over their minor children and directing respondent to give monthly support in the amount of (state amount). § 4. (5) to the actual custodian over 21 years of age unless unfit or disqualified. incurable and has antecedents. maintenance and education of the child in proportion to the resources or means of the givern and to the needs of the recipient.” The psychological make-up of petitioner and respondent is explained in greater detail in the Clinical Assessment Report (“Report”) dated December 28. subject to any adjustments that may be made based on changing earning capacity as well as needs. a copy of which is attached as ANNEX E. save for exceptional circumstances which do not exist in this case. especially the choice of the child. The common property of petitioner and respondent is insufficient for the support of the children. (3) to the surviving grandparent. be directed to give support to his children in the amount of (state amount). (2) to either parent taking into account all relevant considerations. Petitioner’s psychological incapacity is described in clinical terms as being consistent with a V61. or (6) to any other person deemed by thecourt suitable to provide proper care and guidance.7. by this token. either parent or both may be ordered to give an amount necessary for support. the earning capacity of the parent and the amount needed for support must be alleged. under the law. 9. to the grandparent chosen by the child above seven years of age unless the grandparent chosen is unfit or disqualified.117 WHEREFORE. Petitioner also prays that. the interests of the children are best served by having them remain in her custody. Their minor chidren are in petitioner’s custody and are being supported by her financially and emotionally. In the discretion of the court. the assessment given by the psychologist of respondent’s psychological make-up is that he has a “301. thus. It must first be taken from the properties of the absolute community or the conjugal partnership. ordering the dissolutin of the conjugal partnership of gains. (COUNSEL) (Verification and Certification against Forum Shopping) 616 Under the Rule on Provisional Orders.9 Personality Disorder Not Otherwise Specified”. on the other hand. with visitation rights extended to respondent. provisional custody may be awarded to the following based on the order of preference: (1) to both parents jointly. Petitioner earns only (state amount) from her work as shown by her payslip attached as ANNEX F whereas respondent earns (state amount) from his work as shown by his payslip attached as ANNEX G.116 10. Page 47 of 63 . Quezon City.1 Partner Relational Problem and is said to have “Masochistic Personality Disorder” or “301. [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. with express acknowledgement of respondent’s visitation rights. child custody may be sought in a petition for declaration of nullity where the court considers the best interests of the child as paramount. All of the children are minors and. July ____. child support may also be sought. despite the parties’ mutual psychological incapacity to remain married to each other. All other just and equitable reliefs are also prayed for. however. 717 Under the Rule on Provisional Orders. 8. Respondent must. children under seven (7) years of age shall not be separated from the mother. provide for all the financial needs of the children as she is only earning a limited amount of money from her work whereas respondent is gainfully employed and earns more than enough for his own personal needs.

FORM NO. 4. PETITION FOR PROBATE OF A HOLOGRAPHIC WILL118
Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region San Juan-Branch 300 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 __________, 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. Quezon City; (date) (SGD) MITCH MCDEERE Verification and Certification against Forum Shopping

818

1988 Bar Question; Page 48 of 63

RT FIVE: DEEDS, CONTRACTS AND OTHER CORPORATE LEGAL DOCUMENTS

FORM NO. 1. SPECIAL POWER OF ATTORNEY119
SPECIAL POWER OF ATTORNEY 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 (date) and at (place). OBI WAN KENOBI Principal SIGNED IN THE PRESENCE OF: R2D2 C3PO Acknowledgment

FORM NO. 2. GENERAL POWER OF ATTORNEY
GENERAL POWER OF ATTORNEY 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 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 on (date) at (place). OBI WAN KENOBI Principal SIGNED IN THE PRESENCE OF: R2D2 C3PO Acknowledgment
919 1986 Bar Question; Page 49 of 63

FORM NO. 3. CONTRACT OF LEASE120
CONTRACT OF LEASE KNOW ALL MEN BY THESE PRESENTS: This Agreement made and entered into at Makati this 9th day of August 1999 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 ALANG BAHAY Lessor Lessee With my consent: ASA WA Acknowledgment BEFORE ME, a Notary Public for Makati City, personally appeared on 9th August 1999, the following persons, with their respective CTC details indicated below: DAMI BAHAY ALANG BAHAY CTC No. ____________ issued at/on 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, 1999 PTR No. 0000111/1/05/99:Makati City Doc. No. Page No. Book No. Series of 1999;

020

1987 Bar Question; Page 50 of 63

121 1988 Bar Question. in my handwriting and in the English language which I know how to read and write. FORM NO. IN WITNESS WHEREOF. as his/her last will and testament and has signed the same and every page thereof. Metro Manila 31 July 1999 I hereby execute this holographic will. and cash amounting to Fifty Thousand Pesos (P50. the said DONOR. the DONOR and the DONEE have signed this deed on (date) and at (place). on the left margin.000) to my spouse. single/married and resident of _________________ (“DONEE”) WITNESSETH: That the DONOR is the owner of that certain real property with the buildings and improvements thereon. 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. 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. of legal age. 555. HOLOGRAPHIC WILL121 San Juan. do 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. at his/her request have witnessed and signed the same and every page thereof. PABLING SIA JR. That the DONOR does hereby state. 4. Page 51 of 63 Not applicable.. (SGD. for the purpose of giving full effect to this donation. transfers and conveys. WILL122 5. Tuna Road. in the presence of the testator and in the presence of each other. in turn. DONATION INTER VIVOS DEED OF DONATION KNOW ALL MEN BY THESE PRESENTS: This Deed of Donation.. however. on the left margin. bequeathing my house and lot located at No. the undersigned witnesses. 22 2 This applies also to Donations Mortis Causa. single/married. 6. PALING KERA. his/her heirs and assigns. of legal age. ATTESTATION CLAUSE FOR NOTARIAL WE. . ____ of the land registry of _____________. situated in _________________. and resident of _______________ (“Donor”) in favor of DAMI UTANG. made and executed by LALIM BULSA. and more particularly described in Original/Transfer Certificate of Title No. whose residences are stated opposite our respective names. in our joint presence and we. which are essentially wills.FORM NO. Marinara Subdivision. free from all liens and encumbrances. unto said DONEE. Quezon City to my son. to donations inter vivos. by these presents. SAKSI 1 SAKSI 2 SAKSI 3 Residence Residence Residence FORM NO. the above described real property with all the buildings and improvements thereon. by way of donation. and does hereby express gratitude for the kindness and liberality of the DONOR.) PABLING SIA SR.

whether cash. 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. 7. The principal shall save the nominee free and harmless from any liability.LALIM BULSA Donor ACCEPTED: DAMI UTANG Donee SIGNED IN THE PRESENCE OF: MIRON 1 MIRON 2 Acknowledgment FORM NO. of legal age. The nominee hereby assigns. (“Nominee”). I hereby unequivocally confirm that the Principal is the exclusive and absolute owner of the subject shares. 2. 5. stock or property. (“the Corporation”). and with office address at __________. whether for unpaid subsrcriptions. ACKNOWLEDGMENT OF NOMINEE STATUS WITH ASSIGNMENT OF SHARES ACKNOWLEDGMENT OF NOMINEE STATUS WITH ASSIGNMENT OF SHARES I. the nominee shall deliver the same to the principal and whoever the latter may designate. Director’s fees and other amounts received by way of compnesation for services rendered by the nominee shall be for the account and benefit of the nominee. taxes or otherwise. Done this _________________ at ______________________. GEORDI LA FORGE. 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. All dividends. accordingly. accruing on the subject share shall be for the account and benefit of the principal. Accordingly. As nominee. executors. 3. 4. rights and other privileges. This acknowledgment of nominee status shall bind the nominee’s heirs. GEORDI LA FORGE Nominee WITH MY CONFORMITY: WILLIAM RIKER Principal WITNESSES: UZI 1 UZI 2 Acknowledgment Page 52 of 63 . that may arise as a result of the nominee’s holding title to the subject shares for and on behalf of the principal. administrators and other successors-in-interest. the relationship between the principal and the nominee with respect to the subject shares is governed by the following terms and conditions: 1.

Page 53 of 63 .

. a corporation duly organized and existing under Philippine laws. DEANNA TROI Corporate Secretary ATTESTED: JEAN-LUC PICARD President Jurat FORM NO.. SECRETARY’S CERTIFICATE SECRETARY’S CERTIFICATE I.. the following resolution(s) was (were) unanimously approved and adopted: RESOLVED. ___ RESOLVED. At a meeting123 of the Board of Directors of the corporation held on ___________.FORM NO. at which meeting a quorum was present and obtained throughout. do hereby certify that under oath that: 1.. I have set my hand to this certification on ____ at ______________.. of legal age. Jean-Luc Picard. 9.. ___ RESOLVED.. AUTHORITY TO ACT Board Resolution No... 3. as Chairperson and Chief Executive Officer of Enterprise Holdings be authorized.. 424 1987 Bar Question. (“corporation”)... amended or in any manner modified and accordingly. 2. The foregoing resolution has not been revoked. the same may be relied upon until a written notice to the contrary is issued by the corporation. to enter into any and all transactions with the representatives of the Ferengi Trade Federation . with office address at __________________.. INCREASE IN NUMBER OF DIRECTORS AND NECESSARY AMENDMENT TO THE ARTICLES OF INCORPORATION124 Board Resolution No... by a vote of stockholders representing more than 2/3 of the subscribed and paid up capital stock. (Name of Directors) B. 8. Approved and adopted this ________________ at _____________________. that Mr. on the basis of the corporate records. with the same office address given above. as may prove to be beneficial to the corporation in his own opinion and determination. I am the Corporate Secretary of ENTERPRISE HOLDINGS INC.. that . as he is hereby authorized. IN WITNESS WHEREOF. it may be necessary to specify whether the meeting was a special or general meeting. Page 54 of 63 . Name of Directors 323 Sometimes. 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. BOARD RESOLUTIONS A.. Approved and adopted this ________________ at _____________________. DEANNA TROI..

single and resident of ________________ do hereby SELL. DAMI SHARES Assignor SIGNED IN THE PRESENCE OF: MIRON 1 MIRON 2 Acknowledgment FORM NO.000) shares of the capital stock of _________Corporation.s. 11. for and in consideration of the sum of ____________________ Pesos (P_____). and resident of ______________. specify metes and bounds of the property/ies with approximate area thereof. issued by the Register of Deeds of Makati City. It is. DAMI SHARES. DEED OF ASSIGNMENT DEED OF ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS: I. the Deed must also indicate Page 55 of 63 . together with the buildings and improvements thereon situated in the City of Makati. marital consent must be secured. I have signed this deed this __ day of ______________ 199__ at Makati City. The assignor hereby irrevocably constitute. and resident of _________________________. transfer and convey unto DAMI LUPA. DEED OF ABSOLUTE SALE KNOW ALL MEN BY THESE PRESENTS: I. 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. and more particularly described as follows: (Technical Description of property/ies. DEED OF SALE OF REGISTERED LAND (unilateral) Republic of the Philippines Makati City ) ) s. cede. of legal age. MA YA MAN Vendor [Note: if vendor is married. my title thereto being evidenced by Transfer (or Original) Certificate of Title No. however. title. ______. 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. Filipino. thus. Filipino and resident of ________________.FORM NO. IN WITNESS WHEREOF. single. 10. likewise of legal age. ownership and interest over its subscription to One Hundred Thousand (100. for and in consideration of the amount of _______________________. TRANSFER and CONVEY absolute and unconditionally unto said MA GU LANG that certain parcel(s) of land. the assignor has signed this deed on ____________ at __________________. all his/her rights. receipt of which is hereby acknowledged do hereby assign. paid to me today by MA GU LANG. as indicated on the face of the title) of which I am the registered owner in fee simple. MA YA MAN. Filipino. understood that the assignee shall assume any and all unpaid subscription on the said shares. including advances due from said corporation.

for and in consideration of the amount of __________. MA YA MAN. the Deed must also indicate this. __________. then add the following:] With my consent: ASA WA Vendor’s Wife SIGNED IN THE PRESENCE OF: MIRON 1 MIRON 2 Page 56 of 63 . that the permanent improvements existing thereon consist of _________ (if none. thus. The above described reasl estate. that the land is assessed for the current year at P______________ as per Tax Declaration No. If vendor is married. of the City Assessor of Makati. and resident of _________________________. _________. and the buildings and/or improvements . Filipino. not having been registered under Act No. situations and boundaries. TRANSFER and CONVEY absolute and unconditionally unto said MA GU LANG that certain parcel(s) of land. marital consent must be secured. if any. If vendor is married. and if they are. the parties hereto have agreed to register this instrument under the provisions of Sec. together with the buildings and improvements thereon situated in the City of Makati. what they consist of. single and resident of _______________________ do hereby SELL. as amended. and more particularly described as follows: (Description: state the nature of each piece of land and its improvements. at P____________ as per Tax Declaration No. 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 _______________. 496 nor under the Spanish Mortgage Law. whether or not the boundaries are visible bon the land by means of monuments or otherwise. single. MA YA MAN Vendor [Note: if vendor is married. area in square meters. the page number of the assessment of each property for current year or years when registration is made. IN WITNESS WHEREOF. DEED OF SALE OF UNREGISTERED LAND (unilateral) Republic of the Philippines Makati City ) ) s. DEED OF ABSOLUTE SALE KNOW ALL MEN BY THESE PRESENTS: I. I have signed this deed this __ day of ______________ 199__ at Makati City. then add the following:] With my consent: ASA WA Vendor’s Wife SIGNED IN THE PRESENCE OF: MIRON 1 MIRON 2 Acknowledgment FORM NO. 12. the permanent improvements.s. state so).this. Filipino. 194 of the Revised Administrative Code. paid to me today by MA GU LANG.

that if the VENDOR shall fail to exercise his right to repurchase as herein granted within the period provided. ______ issued by the Register of Deeds of Makati. married to BA TAPA. Filipino. then this conveyance shall become absolute and irrevocable. WITNESSETH: That– The VENDOR is the absolute owner of a certain parcel of land with all the buildings and improvements thereon. DEED OF SALE WITH PACTO DE RETRO This Deed of Sale with Pacto de Retro made and executed by and between: MA YA MAN.s. with residence at ____________ (VENDEE). . IN WITNESS WHEREOF. his heirs and assigns. in executing this conveyance. Provided. however. the property with all the buildings and improvements thereon. for and in consideration of the amount of _________________ Pesos (P_____). MA YA MAN MA GU LANG Vendor Vendee With my marital consent: With my marital consent: ASA WA BA TAPA SIGNED IN THE PRESENCE OF: MIRON 1 MIRON 2 Acknowledgment Page 57 of 63 . to him paid by VENDEE and receipt of which is acknowledged. hereby reserves the right to REPURCHASE. 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____). without need of a new Deed of Absolute Sale. free from all liens and encumbrances whatsoever. situated in the City of Makati. TRANSFER and CONVEY under pacto de retro unto the said VENDEE.and MA GU LANG. in accepting the same.Acknowledgment FORM NO. as follows: (Copy technical description in TCT/OCT) his title thereto shown by Transfer (or Original) Certificate of Title No. of legal age. of legal age. married to ASA WA. does hereby SELL. subject to the requirements of law regarding consolidation of ownership of real property. The VENDOR. DEED OF SALE WITH PACTO DE RETRO (bilateral) Republic of the Philippines Makati City ) ) s. The VENDOR. and the VENDEE. 13. with residence at ___________________ (VENDOR). Filipino. I have signed this deed this __ day of ______________ 199__ at Makati City. and more particularly described.

s. MA GU LANG. Filipino. thus.FORM NO. then add the following:] With my consent: BA TAPA Vendor’s Wife SIGNED IN THE PRESENCE OF: MIRON 1 MIRON 2 Acknowledgment s. and more particularly described.s. as follows: (Copy technical description in title) covered by Transfer (or Original) Certificate of Title No. and which property was previously sold to under pacto de retro by the said MA YA MAN on _____________. DEED OF REPURCHASE OF LAND SOLD UNDER PACTO DE RETRO Republic of the Philippines Makati City ) ) DEED OF RESALE KNOW ALL MEN BY THESE PRESENTS: I. of legal age. Filipino. DEED OF SALE WITH MORTGAGE ) ) s. Page No. of legal age. . a copy of which is attached as ANNEX A. ____ and Series of 19__ of his Notarial Register.and MA GU LANG. executed before Notary Public __________ and bearing Notarial Registration No. DEED OF SALE WITH MORTGAGE Republic of the Philippines Makati City This Deed of Sale with Pacto de Retro made and executed by and between: MA YA MAN. of legal age. Filipino. of legal age. ____ of the Registry of Deeds of Makati. married to ASA WA. do hereby RESELL. WITNESSETH: That– Page 58 of 63 . IN WITNESS WHEREOF. to me paid by MA YA MAN. married. 14. marital consent must be secured. with residence at ___________________ (VENDOR-MORTGAGEE). 15. ____. married to BA TAPA. If vendor is married. and resident of _______________. MA GU LANG Vendor [Note: if vendor is married. married and resident of ___________________. with all the buildings and improvements thereon. FORM NO. RETRANSFER and RECONVEY unto said MA YA MAN that certain parcel of land. situated at Makati City. for and in consideration of _______________ Pesos (P____). with residence at ____________ (VENDEE-MORTGAGOR). Filipino. Book No. ___. I have signed this deed this __ day of ______________ 199__ at Makati City. the Deed must also indicate this.

and more particularly described. to him paid by VENDEE and receipt of which is acknowledged. I have signed this deed this __ day of ______________ 199__ at Makati City. Filipino. does hereby SELL. ______ issued by the Register of Deeds of Makati.The VENDOR-MORTGAGEE is the absolute owner of a certain parcel of land with all the buildings and improvements thereon. with residence at _____________ (ASSIGNOR) and DAMI LUPA. free from all liens and encumbrances whatsoever. 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. the property with all the buildings and improvements thereon. as follows: (Copy technical description in TCT/OCT) his title thereto shown by Transfer (or Original) Certificate of Title No. transfer and Page 59 of 63 . the property described. TRANSFER and CONVEY unto the said VENDEE. then this Mortgage shall be of no further force and effect. the same shall remain in full force and effect and shall be enforceable in the manner prescribed by law. together with all the buildings and improvements thereon. Filipino. of legal age. made and executed by and between DAMI UTANG. MA YA MAN MA GU LANG Vendor Vendee With my consent: With my consent: ASA WA BA TAPA Vendor’s Wife Vendee’s Wife SIGNED IN THE PRESENCE OF: MIRON 1 MIRON 2 Acknowledgment FORM NO 16. his heirs and assigns. for and in consideration of the amount of _________________ Pesos (P_____). of legal age. with residence at _______________ (ASSIGNEE). married to BIL MOKO. DACION EN PAGO (DEED OF ASSIGNMENT OF REAL ESTATE IN PAYMENT OF DEBT) DEED OF ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS: This Deed of Assignment. It is hereby agreed and stipulated that the UNPAID BALANCE OF ____________ Pesos (P____). otherwise. of which amount _________________Pesos (P_____) shall be paid by the VENDEEMORTGAGOR to the VENDOR-MORTGAGEE at the latter’s residence. the VENDEEMORTGAGOR does hereby MORTGAGE unto the said VENDOR-MORTGAGEE. married to ALANG MALAY. IN WITNESS WHEREOF. The VENDOR. his heirs and assigns. situated in the City of Makati. under the express stipulation that if the said VENDEE-MORTGAGOR shall pay or cause to be paid unto the VENDOR-MORTGAGEE the obligations. as follows: (State manner of payment) In order to guarantee the fulfillment of the above obligations.

otherwise. : 00000001111. 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. ______ issued in my name by the Land Transportation Office on __________________. married and resident of Makati. of legal age. : 00000001111.000. to be paid one (1) year from date hereof. IN WITNESS WHEREOF. this contract shall become null and void. : BMW 738i (1998). his title thereto being evidenced by Transfer (or Original) Certificate of Title No. Engine No. Upon payment. and more particularly described as follows: (Description of property assigned) of which real estate the ASSIGNOR is the registered owner. Page 60 of 63 .s. married and resident of Makati. granted to me by YAMAN NYA.00). racing green. for and in consideration of the loan of FIVE HUNDRED THOUSAND PESOS (P500. That the ASSIGNEE does hereby accept this assignment in full payment of the abovementioned debt of ______________ Pesos (P_________). the parties have signed this Deed on __________ at _________________________. it shall continue in full force and effect and may be foreclosed in accordance with law. of which I am the true and absolute owner by title thereto. DAMI UTANG DAMI LUPA Assignor Assignee With my marital consent: ALANG MALAY BIL MOKO Acknowledgment FORM NO.convey unto the ASSIGNEE that certain real estate with all the buildings and improvements thereon. DAMI KOTSE. IN WITNESS WHEREOF. CHATTEL MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That I. CHATTEL MORTAGE125 Republic of the Philippines Makati City ) ) s. being evidenced by Registration Certificate of Motor Vehicle No. ____________ of the Register of Deeds of _____________. 17. successors and assigns. have transferred and conveyed by way of chattel mortgage unto said YAMAN NYA. situated in ___________. free from all liens and encumbrances that certain motor vehicle. I have signed this instrument on __________________199_ at Makati City. more particularly described as: Model/Make No. also of legal age. his heirs. Please attach this particularly to a chattel mortgage. DAMI KOTSE Affidavit of Good Faith126 525 626 1997 Bar Question. at present in my possession at my address./Color Chassis No.

3. From RTC (in original jurisdiction) to CA132  15 days from notice of judgment or final order  Notice of Appeal  Brief for Appellant133  Subject Index of the matter in brief  Assignment of Errors  Statement of the Case 727 828 929 030 131 232 333 Rules 40. YAMAN NYA DAMI KOTSE Signed in the presence of: UZI 1 UZI 2 Acknowledgment [1] ORDINARY APPEALS127 CHECKLIST OF REQUIREMENTS: A. Rule 40. have executed the foregoing Chattel Mortgage in order to guarantee as good and binding the obligations mentioned above and is not intended to defraud creditors. 44. 122. mortgagor. 7. 7. IN CIVIL CASES -I. Page 61 of 63 . mortgagee. 43. 13. Rule 40. Rule 41. sec.PEALS AND OTHER RESORTS TO APPELLATE COURTS IN CRIMINAL AND CIVIL PROCEDURE We severally swear that DAMI KOTSE. secs. 4. Rule 44. sec. and YAMAN NYA. Rule 40. 42. sec. From MTC (in original jurisdiction) to RTC (in appellate jurisdiction):128  15 days from notice of judgment or final order  Notice of Appeal129  Parties  Judgment or final order appealed from  Material dates showing timeliness of appeal  Proof of payment of appellate court docket and other lawful fees130 Memorandum for Appellant and Appellee131 II. Rule 40.

except for copy of judgment)  Appellant’s Reply Brief136  Memorandum (in special cases)137  Statement of the Case  Statement of the Facts  Statement of the Issues  Argument  Relief B. the ONLY instance when an ordinary appeal from the RTC is with the Supreme Court and where resort is made by simple notice of appeal. 636 Rule 44. 35 5 Rule 44. From RTC (as trial court) to CA139  15 days from notice of judgment or final order  Notice of Appeal  Appellant’s Brief/Memorandum  Appellee’s Brief/Memorandum III. 8. Statement of the Facts  Statement of the Issues  Argument  Relief  Copy of judgment or final order appealed from134  Brief for Appellee135 (Same as supra. From MTC (as trial court) to RTC (in appellate jurisdiction)138  15 days from notice of judgment or final order  Notice of Appeal  Appellant’s Brief/Memorandum  Appellee’s Brief/Memorandum II. 1(a). Rule 44. 9. IN CRIMINAL CASES -I. 3(c). 40 0 Rule 122. From RTC (as trial court) to SC140  15 days from notice of judgment or final order  Notice of Appeal  Appellant’s Brief/Memorandum  Appellee’s Brief/Memorandum 434 In cases where the record on appeal is not elevated. Page 62 of 63 . 37 7 Rule 44. section 13(h). this may be required in lieu of Briefs. sec. 3(a). 939 Rule 122. sec. note the almost identical content. sec. sec. 838 Rule 122. sec. 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. 14. secs. 99-2-04. 10. sec. 1(b). see SC Administrative Memorandum No.

section 13.[2] PETITIONS FOR REVIEW141 I. Reasons or Arguments for allowance of petition  Verification and Certification against Forum Shopping  Attachments  Certified true copy or duplicate original copy of judgment/final order questioned  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)149 e:\myfiles\forms2003 141 242 343 444 545 646 747 848 949 Rules 42. Rule 45. sec. Rule 43. 1(b). Page 63 of 63 . sec. Rule 13. sec. Errors of Fact or Law Argument Verification and Certification against Forum Shopping Attachments  Certified true copy or duplicate original copy of judgment/final order questioned  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)145 II. Rule 45. Rule 42. section 13. From RTC (as appellate court)142 or from quasi-judicial agencies143 to CA  15 days from notice of judgment or final order  extension of 15 days only144        Full names of petitioner and respondent Statement of Material Dates Statement of Material Averments Statement of Issues. sec. 4. 2. sec. 43. See also Rule 122. 1. 122. 45. Rule 42. Rule 43. 4. From RTC (on pure questions of law)146 or CA (in appellate jurisdiction) to SC147  15 days from notice of judgment or final order  extension of 30 days148  Names of petitioner and respondent (without impleading the lower court/judge/justice)  Statement of Material Dates  Material Allegations. Rule 13.

Sign up to vote on this title
UsefulNot useful