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.

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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

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

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. Defendant’s obligation is due and demandable and plaintiff is entitled to the payment of the entire amount of Nine Hundred Thousand Pesos (P900. By reason of defendant’s unreasonable failure or refusal to pay his due and demandable obligation. as ACTUAL DAMAGES and FIFTY THOUSAND PESOS (P50. on 3 March 1999. Manila. 2.00) as Attorney’s Fees.00). ______________. (SGD. Roxas Boulevard. plaintiff demanded from defendant the return of the car but defendant failed and refused to do so. Plaintiff. x----------------------------------. defendant is a Tongan.[5.000. Civil Case No. 000088 versus YOKO NGA. which defendant.]8 Other just and equitable reliefs are also prayed for.00). 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.x COMPLAINT Plaintiff. rented from plaintiff for a period of one (1) week.00) plus legal interest. WHEREFORE. represented by AKIN NAYAN. with legal interest. 9 1986 Bar Question. COMPLAINT FOR REPLEVIN9 Republic of the Philippines Regional Trial Court National Capital Judicial Region Branch 101-Makati City HURTS RENT-A-CAR.000. Plaintiff is the general manager of Hurts Rent-A-Car with offices at Makati City. 4. Its present value is approximately Nine Hundred Thousand Pesos (P900. Hurts Rent-A-Car is the registered owner of a Honda CRV with license plate number TUV-675. respectfully states that: 1.000.000. 3. Defendant. temporarily residing at Bayview Hotel. On 15 March 1999.) ATTICUS FINCH Counsel for Plaintiff [Address] Add: Verification and Certification Against Forum Shopping C. 5. 6. plaintiff respectfully prays for judgment in his favor through a Decision directing defendant to pay him NINE HUNDRED THOUSAND PESOS (P900. Page 5 of 63 . Plaintiff is ready. 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. This is jurisdictional and a complaint that fails to comply with this requirement is fatally defective.000. by counsel. Quezon City for Makati. 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.00).

x ---------------------. where he may be served with summons.WHEREFORE. plaintiff respectfully prays that the writ of replevin issue directing the Sheriff or any other authorized officer to take possession of the car and dispose of it in accordance with the Rules of Court and.) MITCH MCDEERE Add: Verification and Certification of Non-Forum Shopping D. without fail. by counsel. 5. Pasig City for a monthly rental of One Thousand Pesos (P1. defendant gave notice to plaintiff that he is terminating the lease agreement by the end of August 1999. respectfully states that: 1.00). Quezon City for Pasig City. However. Considering that the period of lease has not been fixed. Pasig City. (SGD. 6 August 2002. Pasig City while defendant resides at 2 Frisco Street. 2.x COMPLAINT PLAINTIFF. On 1 January 1996.000. 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. 4.00) to be paid within the first five (5) days of each month.) ATTICUS FINCH Counsel for Plaintiff [Address] Add: Verification and Certification Against Forum Shopping FORM NO. Cruz Street. it is respectfully prayed that this Honorable Court fix a period of years for the lease between plaintiff and defendant. judgment be rendered declaring plaintiff to be lawfully entitled to the possession of the car and sentencing defendant to pay its value. ANSWER WITH AFFIRMATIVE DEFENSE AND 00 1980 Bar Question. WHEREFORE. 3. after hearing. 00111 versus NAGPA PAUPA. 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. ________________. Civil Case No. Page 6 of 63 . 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. Quezon City for Makati City. (SGD. on 4 April 1999. defendant leased to plaintiff the premises at 1-A Cruz Street. Plaintiff.000. 2. There is no fixed period for the lease agreement except that rentals are to be paid by the month. Defendant. Plaintiff has been paying the rentals as they fall due each month. plaintiff resides at 1-A. Plaintiff and Defendant are both Filipino citizens and of legal age.

7 and 8. cf. section 5 where “Defenses”. x ----------------------------------. Civil Case No. Quezon City ALIS DI-YAN COMPANY. section 10 on the definition. 7. respectfully states that: 11 Cf. 22 Take note of Rule 8. 33 Cf. scope and requirements of a specific denial. Plaintiff. Rule 6. 1997 Rules on Civil Procedure. Rules 6. Rule 11.COUNTERCLAIM11 I. Page 7 of 63 . 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. Take note that Rule 11. both “negative” and “affirmative”. Rule 6. 2222 versus For : Ejectment YOKO NGA. Rule Rule 8. 4 4 Cf. ANSWER WITH COMPULSORY COUNTERCLAIM Regional Trial Court National Capital Judicial Region METROPOLITAN TRIAL COURT Branch 33. 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. cf. 8 and 9 on definitions of counterclaims and crossclaims.x ANSWER (With COUNTERCLAIM) DEFENDANT. SAMPLE/REPRESENTATIVE FORMS A. section 11 on effect of specific denial and absence of specific denial on material allegations in a Complaint. are defined expressly. sections 6. by counsel. Defendant. 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).

00) because he was compelled to secure services of counsel to vindicate his legal rights. secs. Also please note that an Answer need not be verified but if there is a specific denial of an actionable document. 6. I have caused the preparation of this Answer with Counterclaim.Admissions/Denials 1. then the Answer must be verified. Defendant reiterates. 4. 8 (how to contest such documents). 2. Defendant reiterates. in response. a copy of which is attached as ANNEX 1.. 5. 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. (SGD) MITCH MCDEERE Counsel for Defendant VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING15 I. among which is a counterclaim. Moral Damages amounting to One Million Pesos (PHP1. Quezon City. Counterclaim 6.1. WHEREFORE. before its expiration. such as that contained in italics above. must be accompanied by a Certification against Forum Shopping. 10 (requirements of a specific denial).000. Plaintiff has no capacity to sue as it is a foreign corporation doing business in the Philippines without a license. YOKO NGA.2. and (b) Fifty Thousand as Attorney’s Fees.000. section 5 of the 1997 Rules on Civil Procedure requires that any initiatory pleading. of legal age. 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.000/00) because his name and reputation were besmirched by this malicious and baseless suit. repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that the Complaint should be dismissed because: 5. See again Rule 8. superceded by a Deed of Absolute Sale whereby plaintiff sold to defendant the parcel of land in question. Other just and equitable reliefs are prayed for. 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. The Complaint fails to state a cause of action as the Contract of Lease (ANNEX A) was. 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. 11 (effects of failure to specifically deny). Page 8 of 63 . He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in the Affirmative Defenses below. Affirmative Defenses 5. 3. I have read its contents and affirm that they are true and correct to the best 55 Please note that Rule 7. do hereby state that: I am the defendant in the case filed by Alis Di-yan Company for ejectment. __________________.1. as follows: 6. 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. 7 (definition of actionable document). Attorney’s Fees amounting to One Hundred Thousand Pesos (P100.2.

of my own personal knowledge. I specifically deny the genuineness and due execution as well as the binding effect of the actionable documents pleaded by plaintiiff. 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. as required by the Rules. 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. section 6. received consideration. WHEREFORE. he further prays that co-defendant MANGGA GANTSO be made liable to indemnify defendant in the same amount under the Crossclaim. Defendant reiterates. (SGD) MITCH MCDEERE Counsel for Defendant Add: VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING FORM NO. 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. I shall notify the court within five (5) days from my notice. from defendant. but add-Crossclaim 7.16 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. should I learn of such a case. (Sgd) YOKO NGA JURAT B. in relation to any actionable document. 3. ANSWER WITH COUNTERCLAIM AND CROSSCLAIM See Form No. 2-A. and (b) Fifty Thousand as Attorney’s Fees. In the event that defendant is made liable to plaintiff on the Complaint. 77 Rule 18. I have signed this instrument on 27 July 2002. supra. acting as such. IN WITNESS WHEREOF. in the form of the purchase price. Page 9 of 63 . PRE-TRIAL BRIEF17 I.

the requirement of a pre-trial brief and the consequences for failure to submit one (e. Defendant. BRIEF STATEMENT OF CLAIMS AND DEFENSES 2.x PRE-TRIAL BRIEF18 DEFENDANT. Page 10 of 63 .2. Civil Case No. III. 97-31312 versus - LAKISA HIRAP.000. Plaintiff. Consequently.948. therefore.1..g. x ------------------------------------.000. 1. 2.2.000. section 2 of the 1997 Rules of Civil Procedure. non-suit or dismissal) appear to pertain exclusively to civil cases.2. Plaintiff’s lack of personality to sue and. respectfully submits her Pre-Trial Brief. 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. as follows: I. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure.818. first. second. by counsel.00) for exemplary damages and One Hundred Thousand Pesos (PHP100.2.3.1. Plaintiff seeks principally to recover the amount of Twenty Two Million Eight Hundred Eighteen Thousand Nine Hundred Forty Eight Pesos and Thirty Centavos (PHP22.000. 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. Please note also that pre-trial is now mandatory in criminal cases under Rule 118.2. 2.000.1. II.00) for moral damages and Two Million Pesos (PHP2. defendant is open to the possibility of amicably settling this dispute. 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. SAMPLE/REPRESENTATIVE FORM: Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Quezon City~Branch 90 LAKISA LAYAW. Extinguishment of the alleged claim made by the entity Regency Furniture.II. a schedule of payments. 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. defendant respectfully submits that the desired terms of any amicable settlement would involve. Defendant resists plaintiff’s claims based on a failure to state a cause of action because of : 2. Defendant also interposed a compulsory counterclaim for Two Million Pesos (PHP2. 2. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of openness from plaintiff. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT19 1.00) as attorney’s fees.30) with interest at twelve percent (12%) arising allegedly from unpaid orders delivered to defendant variously in 1989. not being the real party in interest under Rule 3.

1. Defendant’s entitlement to the claims made in her Compulsory Counterclaim as a result of plaintiff’s bad faith. receipt of the demand letter dated January 5. Plaintiff’s bad faith in filing this suit.1. Considering the relatively simple issues presented.1. RESPECTFULLY SUBMITTED.1.2. An employee of Topless Enterprises with personal knowledge as to the true circumstances behind the alleged obligations due and owing in favor of plaintiff. to a concrete and reasonable request for discovery from plaintiff. Defendant intends to present the following witnesses: 5. 14 April 2002. Subject. IV. 4. 4.1. 1997 and her reply to the demand letter.2. RESORT TO DISCOVERY 6.e. defendant does not intend to avail of discovery at this time.2. defendant admits no other facts stated in the Complaint. Defendant herself.1. who will testify on the true circumstances leading to the filing of this suit against her. EVIDENCE 5. 4..1. Subject to a concrete proposal for stipulation of additional facts from plaintiff during pre-trial or even thereafter. however. 6.1.3. 5.1. 5. 3. VI. defendant reserves the right to resort to discovery before trial.2. Defendant submits that the following issues put forward by plaintiff are subject to proof: 4. Plaintiff’s entitlement to the amount claimed. V. Defendant admits only those facts stated in her Answer. Quezon City. Defendant submits that the following issues she put forward are subject to proof: 4. Plaintiff’s personality to seek legal reliefs. 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.) MITCH MCDEERE Counsel for Defendant Copy furnished: ATTY. her personal circumstances. MA BOLA Counsel for Plaintiff Page 11 of 63 . ISSUES TO BE TRIED 4. if necessary.2.2.2.2.1. (SGD.1. i.2.

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

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

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

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

Page 16 of 63 . the undersigned is constrained to ask for an additional fifteen (15) days from 10 August 1999. Civil Case No. Civil Case No. 009988. where he is scheduled to terminate cross-examination of the prosecution’s expert witness who will be available only on said date and time. the request and notice need not specify a date of hearing and simply state that it is being submitted for approval “immediately upon receipt. This case is set for trial on 5 August 1999 at 8:30 in the morning. He has been directed to file a Reply to defendant’s Answer by 10 August 1999. plaintiff respectfully submits that his attendance in the Makati case becomes indispensable. MOTION FOR POSTPONEMENT33 DILA TORY. On said date and time. 3. This motion is prompted only by the foregoing reason and not for delay.” Although. this motion is considered a non-litigious motion. Branch 139 for “People of the Philippines v. 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. 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. respectfully states that: 1.E. the accused in said case would be deprived of the opportunity to confront and cross-examine a vital witness against her. otherwise. 008877 versus PASEN SYOSO. 008877 versus PASEN SYOSO. however. x -----------------------------------. MITCH MCDEERE REQUEST FOR AND NOTICE OF HEARING34 F. WHEREFORE.x MOTION FOR EXTENSION OF TIME PLAINTIFF. Quezon City. 2. or until 25 August 33 1987 Bar Question. Defendant. 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. thus. 4 4 In some instances. by counsel. Criminal Case No. respectfully states that: 1. 30 July 1999. Plaintiff.x MOTION FOR POSTPONEMENT PLAINTIFF. MOTION FOR EXTENSION OF TIME DILA TORY. Without impugning the importance of these proceedings. x -----------------------------------. The undersigned counsel. For this reason. by counsel. Plaintiff. plaintiff respectfully prays that the trial scheduled on 5 August 1999 be POSTPONED to another date convenient to this Honorable Court. Bil Moko”. 4. Defendant. 2.

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

Under the circumstances.H.x MOTION TO LIFT ORDER OF DEFAULT DEFENDANT. The Motion to Dismiss. filed two (2) days after the supposed lapse of the reglementary period. WHEREFORE. 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. 000909 versus PADME AMIDALA. Certiorari. defendant respectfully prays that the Order of Default against her be LIFTED and that this Honorable Court resolve her Motion to Dismiss. Without waiting for the hearing on the Motion to Dismiss. (b) the reglementary period has not lapsed because of the filing of the Motion to Dismiss within the period. Civil Case No. 3. (SGD) OBI WAN KENOBI Counsel for Defendant REQUEST FOR AND NOTICE OF HEARING FORM NO. by counsel. x ---------------------------------. as indicated on the “Request for and Notice of Hearing”. MOTION TO LIFT ORDER OF DEFAULT36 ANAKIN SKYWALKER. this Honorable Court declared defendant in default on 7 April 1999 based solely on plaintiff’s Motion. 5. sec. SPECIAL CIVIL ACTIONS A. Rule 65. Quezon City. 8 April 1999. 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. was set for hearing on 10 April 1999. Defendant. Five (5) days after service of summons and receipt of Complaint. Consequently. 1997 Rules on Civil Procedure. 4. and (c) the pendency of the Motion to Dismiss is prejudicial to the issue of defendant’s default. the order of default should be lifted. Page 18 of 63 . however. Plaintiff. which was received by plaintiff’s counsel on 25 March 1999. which. 2. 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. was tolled by the filing of a Motion to Dismiss. Rule 65. Prohibition and Mandamus37 I. respectfully states that: 1.

jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction. Rule 46. WHEREFORE. 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. by counsel. (State the date on which copy of Decision was received and/or Resolution on Motion for Reconsideration. decision or finding) for being in grave abuse of discretion. that a preliminary injunction and/or temporary restraining order issue to ENJOIN any further proceedings by respondents.” 00 To the standard “Verification and Certification Against Forum Shopping”. 6. section 2 applicable to petitions for certiorari.) 2. 2 expressly makes Rule 56. Rule 56.e. [a] petitioner has a clear. CERTIFICATION AGAINST FORUM SHOPPING AND VERIFIED STATEMENT OF MATERIAL DATES40 99 Rule 65.) 4.) 3. 51. legal right. A certified true copy (or duplicate original copy) of the Decision under review is attached as ANNEX A.) COUNSEL VERIFICATION. unless restrained. mandamus and prohibition. [b] which is threatened by an act or omission of respondents. will cause grave and irreparable injury to petitioner. i. Certified true copies of the judgment/order subject of petition  All material portions of the record as would support the petition39 II. 52 and 56 apply. [c] and that. (State briefly the facts and circumstances under which the respondent/s exercising judicial functions acted without. Page 19 of 63 .) 5. 48. section 6. _________________ (SGD. There is no appeal from such decision. respectfully states that: 1. nor any plain or adequate speedy remedy in the ordinary course of law. CERTIORARI (with Injunction and/or TRO) (Caption and Title) PETITION PETITIONER. relevant or pertinent thereto. (State capacity of petitioner and respondent/s. it is respectfully prayed that a writ of certiorari be issued ANNULLING the (act. if filed.. and other documents. ADD the date when the Decision or Judgment was received pursuant to the requirements under the Rules of Court. 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. par. section 2 provides that Rules 46. in the interim. denied. status and residence. (State entitlement to Injunction and/or TRO. citizenship. 49. SAMPLE/REPRESENTATIVE FORMS: A. except this petition. or in excess of. Quezon City.

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

section 1. section 5. contract or other writing.(a) Solicitor General.42 Interpleader. Quo Warranto.) COUNSEL VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING B.WHEREFORE. contract or other writing. will. who must claim no interest or has an interest not disputed by claimants. may bring action in his own name46 against the alleged usurping public officer. Rule 66. Quezon City. Rule 66.50  Interpleader . Rule 63. section 6. and who stands to suffer injury by operation of the said deed. Rule 62. with costs against them. will.51  Declaratory Relief . it is respectfully prayed that.48  Declaratory Reliefs . CHECKLIST OF REQUIREMENTS:  Parties  Quo Warranto .49  Material Allegations of Ultimate Facts  Quo Warranto . Rule 63. and claimants over the same subject matter. before breach thereof. ________________ (SGD. 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. Page 21 of 63 . section 1.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. Rule 62. sections 1 and 2. will. contract or other written instrument and injury arising from operation of said deed. a writ of mandamus issue commanding respondent/s forthwith to: (state the act required to be done). Rule 66.Any person interested under a deed.45 Person claiming to be entitled to public office or position usurped or unlawfully held or exercised by another. will.facts showing usurpation of office and facts showing entitlement of petitioner to the office. after due notice and hearing. Rule 62.facts showing interest under a deed. section 6. when directed by President or motu propio. section 2.47  Interpleader .43 Quieting of Title and Declaratory Relief44 I. Rule 66.Petitioner.

section 1. who claims no interest in the watch. 12345 SCA No. plaintiff will not be unduly prejudiced by the costs of the suit.54 Quezon City. Page 22 of 63 . 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. SCA No. _______________. 55 Rule 63. On 1 June 1999. The watch is now in plaintiff’s possession. 1357 22 Rule 63. sec. 3.     occured.) ATTICUS FINCH Counsel for Plaintiff VERIFICATION & CERTIFICATION OF NON-FORUM SHOPPING B. 2. (SGD. cannot determine the conflicting claims of defendants and thus seeks to compel defendants to interplead and litigate their several claims between themselves. respectfully states that: 1. 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. SAMPLE/REPRESENTATIVE FORMS: A. 3 3 Rule 62. In this way. plaintiff found a Gold Rolex Oyster watch. x --------------------------------------. 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. par. as first lien upon the subject matter of this action. 2. ____________ versus UMA AGAW and INA AGAWAN. may also show facts showing need to reform instrument. by counsel. 1. ACTION TO (REMOVE CLOUD ON OR) QUIET TITLE)55 IN RE : QUIETING OF TITLE OVER THE PROPERTY COVERED BY TCT NO. WHEREFORE. On or about 5 June 1999. Plaintiff. Defendants. respectively. without knowing who its true owner is. plaintiff resides at ______________ while defendants reside at ___________ and _______________.x COMPLAINT PLAINTIFF. defendants made similar representations to plaintiff as to ownership of the watch. COMPLAINT IN INTERPLEADER53 NALI LITO. Plaintiff and defendants are all of legal age. where they may be served with pertinent notices.

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

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

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

MANGGA GANTSO of the Quezon City Rescue and Environmental Distress Unit.s. sec. Five Hundred Thousand Pesos (P500. and have been occupying said post since his election to the post in 1998. 1613. reputation and character are incapable of pecuniary estimation as these are the result of a lifetime’s effort to build a name. he has been supporting their activities financially with voluntary contributions. 4. 2000 Rules on Criminal Procedure. When the Mayor arrived. do hereby state under oath that: 1. Gulang called the office of the Mayor. she then told me if the Mayor could refer her to prospective clients. Ms. COUNTER-AFFIDAVIT Republic of the Philippines The City of Makati ) ) s. Mr. There is no truth to the allegations in MA GULANG’s complaint. MA SELAN Complainant-Affiant SUBSCRIBED AND SWORN TO BEFORE ME this ___ day of December 1998. COUNTER-AFFIDAVIT Re : I. I have signed this Complaint-Affidavit on __ December 1998. Ingay’s remarks have injured my name.00) in nominal damages. Sometime last year. of legal age. Investigating Prosecutor CERTIFICATION I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIED THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT. The charge is based on a supposedly unpaid account for the purchase of seven (7) Nextel phone units by a Mr.00) in moral damages and Five Hundred Thousand Pesos (P500. To rebut and contradict MA GULANG’s malicious lies. MA LABO.000. The Complaint must be dismissed. TO THE TRUTH OF THE FOREGOING.S. 99 Rule 112. I recently learned that I have been made a respondent in I. In said capacity. No.000. Mr. I set forth the true circumstances leading to the transaction below: 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. reputation and character before my neighbors and peers. There is no factual nor legal basis to charge me with estafa. I am in charge of coordinating the day-to-day affairs and activities of his Office. 1613 I. Ingay cannot be allowed to simply go scot-free without bearing the consequences of his acts.1. I am the Chief of Staff of the Mayor of Quezon City. 3. 6. Page 26 of 63 . reputation and character that my children and their children can be proud to bear. I informed her that he was not around. 2. I relayed the message to him. 3(a).000.000.very person before my peers and fellow homeowners. filed by a certain MA GULANG on 19 January 2000 before the Office of the City Prosecutor for Quezon City. For this reason.S. No. a charge for estafa. I informed her that both the Mayor and I had our units already. Ma Ingay liable civilly for defaming me in the amount of One Million Pesos (P1. looking for him. Investigating Prosecutor59 B. While my name. which made the Mayor their Honorary Chairman with no direct functions.00) in exemplary damages. I am also holding Mr.

I would follow up with Mr. Some time after that. thus. Somewhat embarrassed by this. Gulang telling me that Mr. Gantso. 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.00 for the units. 5. Gulang does not even allege and cannot prove). as a result. not to me. 7. They transacted business inside the Mayor’s Office and only passed by my office on their way out. Gulang brought the units to the Mayor’s Office. I called Mr. The Mayor asked me to call Ms. be dismissed. Mr. 6. 4. 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.5. he assured me that he would pay her but that he just needed to collect money from the rest of the group. I performed NO ACT that even remotely resembles ANY of the acts punished under Article 315. Ms. Gantso had not paid her the amount of P11. Gulang.3. Gantso to meet with her at the Office. Gulang phoned me and told me that Mr. Gulang. I even exerted my best efforts to see that Ms. Considering the foregoing. After persistent calls from Ms.2. 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.4. Gantso had yet to pay. Gantso and Ms. On that day. Gantso but he simply gave me this promise that he would pay. Gulang. Mr. Gulang to Mr. For this reason. I would still get calls from Ms. TO THE TRUTH OF THE FOREGOING. to a certain extent. Gulang. 4. Gantso and told him to pay Ms. 4.000. and when she started to get angry over the telephone. It is utterly inexplicable that Ms. Gantso had called the Mayor asking if he could assist in securing Nextel units. If at all. she met with Mr.6. it is certainly incomprehensible that I should stand accused of estafa by Ms. I have signed this Statement on 3 February 2000. Quite coincidentally. Gulang were able to meet.4. I gave her the telephone number of Gantso so that she could just call him directly. I performed no act of deceit or fraud against her in ordering the units. Gantso had not yet paid. But even then. Gulang would hold me liable for estafa when all that I did was to refer Ms. 4. any civil liability should pertain to the Office of the Mayor. Gantso inside the Mayor’s office. Thereafter. (SGD) MA LABO (*) Verification (**) Certification Page 27 of 63 . Ms. I would still receive phone calls telling me that Mr. The Complaint against me should. I set up an appointment for Mr.

9 9 See DOJ Circular No. 2000 Rules on Criminal Procedure. a significant amendment to the 2000 Rules requires the Information now to contain a statement of the qualifying or aggravating circumstances. 2000 Rules on Criminal Procedure. section 10. section 4. 4. 66 See Rule 110. 2000 Rules on Criminal Procedure. Page 28 of 63 . “New Rules on Inquest”). 61 (September 21. 44 See DOJ Circular No. 2000 Rules on Criminal Procedure. section 7. if any71  Verification72  Certification of Preliminary Investigation73 or Inquest74 00 Rule 110. section 8. section 3. section 4. 1 1 Id. section 6-13. 2 2 See Rule 110. 2000 Rules on Criminal Procedure. 61 (September 21. 7 7 See Rule 110. section 14.FORM NO. 2000 Rules on Criminal Procedure. 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. section 13. 55 See Rule 110. 2000 Rules on Criminal Procedure. 22 See Rule 110. 2000 Rules on Criminal Procedure. 1993. ADD:  Place where accused is actually detained69  Full name and address of evidence custodian70  Detailed description of recovered items. 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. 3 3 See Rule 112. “New Rules on Inquest”). section 9. 2: INFORMATION AND COMPLAINT60 I.. 1993. 00 Id. 33 See Rule 110. sections 3. section 12. 11 See Rule 110.. 88 See Rule 110. 2000 Rules on Criminal Procedure. 2000 Rules on Criminal Procedure. 4 4 See Rule 110. section 11.

the said accused.e. being then legally married to BIL MOKO. the JURAT does not contain any reference to the CTC details. see Information for Attempted Rape infra for an example. Revised Penal Code. Page 29 of 63 . that there is reasonable ground to believe that the offense charged had been committed and that the accused is probably guilty thereof. Accused. ELLIOT NESS Assistant City Prosecutor {SUBSCRIBED AND SWORN TO BEFORE ME this 9th of August 1999 in Quezon City. i. Plaintiff. 00567 For : Bigamy PI KUTIN.II.00 (2) THEFT79 PEOPLE OF THE PHILIPPINES. which applies when a Notary Public administers the oath. versus Criminal Case No. a Certification on Conduct of Inquest.. See infra. and without such marriage having been legally dissolved and thus valid and existing. unlawfully and felicitously contract a second marriage with ASA WA in the City of Quezon. 88 Please note that the oath is administered by a public officer authorized to administer an oath. 77 This Certification is appended to an Information filed after a full blown preliminary investigation is conducted. if the accused was arrested without a warrant and refused/failed to execute a written waiver of the provisions of Article 125.76 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.x INFORMATION The Undersigned accuses PI KUTIN of the crime of Bigamy. 55 1989 Bar Question. that I examined the Complainant and her witnesses. AL CAPONE City Prosecutor}78 Bail Recommended: P10. CONTRARY TO LAW. Plaintiff. the ACP should have conducted an INQUEST and not a preliminary investigation.000. and that the filing of this Information is with the prior authority and approval of the City Prosecutor. SAMPLE/REPRESENTATIVE FORMS: A. Any Information filed would thus have a different Certification. did wilfully. in the City of Quezon and within the jurisdiction of this Honorable Court. 99 1988 Bar Question. INFORMATION (with CERTIFICATE OF PRELIMINARY INVESTIGATION OR INQUEST) (1) BIGAMY75 PEOPLE OF THE PHILIPPINES. thus. x ---------------------------------------. that the accused was informed of the Complaint and of the evidence submitted against him and was given the opportunity to submit controverting evidence. committed as follows: That on or about 3 July 1998. 6 6 Note that the allegation of any aggravating circumstances may be made here. Contrast this with the jurat in Form 1.

that based on the complaint and the evidence presented before me without any countervailing evidence submitted by the accused.x INFORMATION The undersigned accuses MAEL SIA of attempted rape committed as follows: That on or about 6 June 1992.000. unlawfully and feloniously enter the house of SEK SEE. be held for said crime. Accused. CONTRARY TO LAW. refused to waive the provisions of Article 125 of the Revised Penal Code and. then 11 years old and without any known address.x INFORMATION The Undersigned accuses KLEPTO MANIAC of the crime of Theft. committed as follows: That on or about 3 July 1998. 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. that this Information was with the prior authority of the City Prosecutor. for this reason. a married woman. ELLIOT NESS Assistant City Prosecutor SUBSCRIBED AND SWORN TO BEFORE ME this 9th of August 1999 in Quezon City. upon being informed of his rights. unlawfully and feloniously. to wit: while SEK SEE was cooking 00 As discussed supra. Accused. there is reasonable ground to believe that the accused has committed the crime of theft and should. Page 30 of 63 . in Quezon City. this Certification accompanies an Information filed after an inquest and not a preliminary investigation is conducted. AL CAPONE City Prosecutor (3) ATTEMPTED RAPE81 PEOPLE OF THE PHILIPPINES. 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. despite opportunity to do so. Plaintiff. 00567 For : Theft KLEPTO MANIAC. the said accused. x --------------------------------------------. with intent to gain. commenced directly by overt acts to commit the crime of attempted rape upon her person. an Inquest was conducted. 00567 For : Attempted Rape MAEL SIA. without force upon things or violence upon persons and without the knowledge and consent of MA ALAHAS. with lewd designs and by means of force and intimidation. the owner.00) to the prejudice of said owner. in the City of Quezon and within the jurisdiction of this Honorable Court. x --------------------------------------------. versus Criminal Case No. willfully. took a gold necklace studded with diamonds valued at One Hundred Thousand Pesos (P100.- versus - Criminal Case No. thus. 11 1982 Bar Question. the accused did then and there wilfully. and finding that her husband was away.

00567 For : Frustrated Murder MAMA MATAY. threw her to the floor. x --------------------------------------------. 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. causing the accused to flee from the premises without completing all the acts of execution. at point blank range. Accused. with intent to kill. CONTRARY TO LAW with the aggravating circumstances of Evident Premeditation. discharge the firearm twice against the person of said Vic Tima.44 Caliber Magnum pistol. Plaintiff. directly aim the same firearm at the person of VIC TIMA. the accused did then and there take a loaded . ELLIOT NESS Assistant City Prosecutor CERTIFICATION OF PRELIMINARY INVESTIGATION OR INQUEST (4) FRUSTRATED MURDER PEOPLE OF THE PHILIPPINES. versus Criminal Case No. use of firearm and disregard of age. which wounds would have been fatal had not timely medical assistance been rendered to the said Vic Tima.lunch. inflicting on said Vic Tima two (2) wounds on his chest and stomach. in Quezon City. raised her skirt. and. CONTRARY TO LAW with the aggravating circumstance of dwelling. 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. the accused seized her from behind. an invalid septuagenarian.

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

(1987). x ---------------------------------------------. CHECKLIST OF REQUIREMENTS:  Caption and Title  Distinct Specification of Factual and Legal Grounds for Quashal  Failure to comply with form prescribed by law. then the trial court shall resolve the Motion to Quash. 4 (particular description of the place to be searched and the things to be seized). sec. by counsel. SAMPLE/REPRESENTATIVE FORM: (Caption) PEOPLE OF THE PHILIPPINES. 1122 issued by this Honorable Court on and dated 12 July 2000 based on the following considerations: 44 Rule 126. it may be filed with the court that issued the search warrant. 2000 Rules on Criminal Procedure. 00022 For: Libel . Plaintiff. 77 Rule 126. it is respectfully prayed that the Information against the accused be QUASHED and that the accused be released immediately from detention. 6 in relation to sec. sec. Rule 126. Accused. 8 8 Id.WHEREFORE. 1 (order in writing in the name of the People. commanding him to search for personal property described therein and bring it to the court) and sec. III. respectfully moves for the quashal of Search Warrant No.x MOTION TO QUASH SEARCH WARRANT The ACCUSED.86  More than one offense. 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. 66 Rule 126. 2000 Rules on Criminal Procedure. _______________. 99 Const. 4. 2000 Rules on Criminal Procedure. sec. signed by a judge and directed to a peace officer. Page 33 of 63 Criminal Case No. Quezon City. sec. 2000 Rules on Criminal Procedure. art. 10.88  No probable cause..89  Relief  Date  Signature of counsel  Notice of Hearing  Affidavit of service II. sec. sec. 2. 4.85  Served beyond period. 55 Rule 126. this is a new pleading expressly recognized for the first time in the Rules. although it has been used widely in practice and even acknowledged by the Supreme Court in case law. If no resolution has yet been made by the Search Warrant Court by the time an Information is filed. 14.87  No personal determination of probable cause by Judge. versus VIG CHAN. Motion to Quash Search Warrant84 I. (SGD) MITCH MCDEERE Counsel for the Accused REQUEST FOR AND NOTICE OF HEARING B.

2000 Rules on Criminal Procedure. sec. 8.92  Served beyond period. 1122 is dated 12 July 2000. CHECKLIST OF REQUIREMENTS:  Caption and Title  Distinct Specification of Factual and Legal Grounds for Suppression  Search without witnesses. 4. 14. 7 7 Rule 126. 1122 be QUASHED and all objects seized under its purported authority be declared INADMISSIBLE under the exclusionary rule in Article III. 88 See People v. certain objects were seized and delivered to the court. Plaintiff. 4. sec. 2000 Rules on Criminal Procedure.97  Not evidence in plain view. WHEREFORE. section 3(2) in relation to section 2. (SGD. supra. 4 4 Const. 2 in relation to sec. 00 See Form No.96  Property not subject of seizure. 2000 Rules on Criminal Procedure. it shall be void.) MA TAPANG Counsel for Accused Request for and Notice of Hearing90 C. supra.1. sec. 10. sec. 12. 24. the 11th day from its date. Rule 126. sec. 55 Rule 126. the leader of the searching team (a copy of which is already part of the records). A search was made on the same day. 11. art. 23 July 2000.98  Relief  Date  Signature of counsel  Notice of Hearing  Affidavit of service II. SAMPLE/REPRESENTATIVE FORM: Republic of the Philippines Regional Trial Court National Capital Judicial Region Branch 104-Quezon City PEOPLE OF THE PHILIPPINES. this is certified to by the Sworn Inventory and Return executed by Major Alang Alam. Under the law. sec. It was served on the accused on 23 July 2000. III. 2000 Rules on Criminal Procedure. 301 SCRA 668 (1999). sec. Search Warrant No. 2000 Rules on Criminal Procedure. 66 Rule 126. 2. Rule 126. (1987). thus. be quashed. Page 34 of 63 . 33 Rule 126. 3.93  More than one offense. sec. 2000 Rules on Criminal Procedure. 3(2).95  No Inventory. 11 Rule 126. sec. Motion to Suppress Evidence91 I. the Search Warrant is void and must.94  No receipt. it is respectfully prayed that Search Warrant No. 10 provides expressly that a search warrant shall be valid for ten (10) days from its date and that thereafter. Quezon City. 2 2 Rule 126. 2000 Rules on Criminal Procedure. 25 July 2001. footnote no. pursuant to said search. Doria. see note 84.

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

respectfully moves to be allowed bail on the ground that the prosecution’s evidence of his guilt is not strong. during which the prosecution should be directed to present its evidence to show the strength of its evidence of the accused’s guilt. 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. however. 1998 at his residence in Quezon City. thus. The Information alleges that he raped the private complainant on December 25. by counsel. as amended. WHEREFORE. grant the accused reasonable bail. versus Criminal Case No. two (2) days after the alleged rape. He is. as bail is generally a matter of right and is only limited and made discretionary in capital cases. Page 36 of 63 . 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. In support. SAMPLE/REPRESENTATIVE FORM: PEOPLE OF THE PHILIPPINES. (2) For these reasons. Other just and equitable reliefs are also prayed for. (SGD) MITCH MCDEERE REQUEST FOR AND NOTICE OF HEARING FORM NO. The prosecution’s own evidence. 4: APPLICATION FOR PROBATION I. Quezon City.x MOTION FOR BAIL 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. (b) the medical certificate issued by the NBI doctor (attached as ANNEX B to the Information) after a physical examination of the accused. _______________. and (2) thereafter. there is no basis to conclude that the accused raped the private complainant as there is less than circumstantial evidence of this fact.D. he respectfully submits the following: 1. CHECKLIST OF REQUIREMENTS: 000 See Rule 114. Plaintiff. 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. Accused. x -----------------------------------------. entitled to bail as a matter of right. Motion for Bail I. however. it is respectfully prayed that the accused be granted: (1) a bail hearing. 00567 For : Murder NAKA PIIT.

has not filed any Notice of Appeal from the Order of conviction. Moreover. Accused-applicant humbly submits that she possesses all the qualifications and none of the disqualifications enumerated under section 2 of Presidential Decree No. 12 March 1999. Page 37 of 63 . just and reasonable in the sound discretion of this Honorable Court. 968. as amended. 968. She has not started to serve her sentence and. specifically: 2. 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. On ________. as amended.00). x ---------------------------------------------. 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. Accused-applicant is of legal age and currently gainfully employed at ASN Broadcasting Corporation located at Timog Avenue. Quezon City for Pasig City. 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. (SGD) ATTICUS FINCH 101 See PD 968. accused-applicant does not need any correctional treatment requiring commitment to an institution. to date. In support of this application. She has not been convicted of any crime against national security or public order.x APPLICATION FOR PROBATION THE ACCUSED. under the circumstances.2. 114878 versus RECY DIVIST. 3 Finally. 2. respectfully applies for probation pursuant to the provisions of Presidential Decree No. 2. Plaintiff.1. WHEREFORE. she pleaded “guilty” to the offense charged herein. Accused.3. SAMPLE/REPRESENTATIVE FORM: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT PASIG-BRANCH 69 PEOPLE OF THE PHILIPPINES. 968. Quezon City. consequently. by counsel. 2. 2.4. Criminal Case No. accused-applicant will commit another crime.     All the requirements as in ordinary motions Grounds for Probation101 Relief Verification by applicant Notice of Hearing II. 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. She has not previously applied for nor had been previously placed under probation under Presidential Decree No. are fair. the accused respectfully submits the following: 1.

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

respectfully oppose the Prosecution’s Offer of Evidence for the following reasons: 1. Plaintiff. 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. 2. Exhibit A. 000011 versus RECY DIVIST.00). be EXCLUDED.000. 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 COMMENT ON THE PROSECUTION’S FORMAL OFFER OF EVIDENCE THE ACCUSED. every legal document must be signed by both the public prosecutor and the private prosecutor. 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. versus Criminal Case No. DEMURRER TO THE EVIDENCE A. Exhibit B-2. and Exhibit A-1. the dorsal side of the check with notation “DAIF”. by counsel. COMMENT/OPPOSITION TO OFFER PEOPLE OF THE PHILIPPINES. The purpose of offer goes to weight of the document (unless of course. 505 Please note that the purpose of the offer is never objected to. 2.105 Quezon City. everything is under the control and direction of the public prosecutor. Accused. the post-dated check dated 30 June 1999. thus. the ACCUSED respectfully submits that the Prosecution’s Exhibits are INADMISSIBLE and must.Copy furnished: MITCH MCDEERE Counsel for Accused B. and no basis for the presentation of secondary evidence laid. rather it is admissibility of the documenmt. the objection is relevance. Criminal Case No. then purpose may properly be objected to as relevance also determines admissiblity).000. Exhibit B-1. ACCORDINGLY. issued by the accused in the amount of One Million Pesos (P1. the private complainant. Thus. Exhibit B. Page 39 of 63 . 007 For: Violation of PD 1866 ANAKIN SKYWALKER. the sworn statement of ‘Alang Kaso. thus. Any objections to purpose should be made in the Memorandum and an appropriate reservation to do so may be stated in the Comment. x -----------------------------------------. _________________. CRIMINAL CASES PEOPLE OF THE PHILIPPINES. Plaintiff. the document is hearsay and inadmissible.

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. 2. that the burden of proof shifts to the accused. Concretely. with leave of court previously obtained. a Motion for Leave of Court to File Demurrer must already have the Demurrer attached. 3. The accused is charged with violation of PD 1866. The accused is innocent. Defendant. the accused is presumed to be innocent until proven guilty. See Form No. WHEREFORE. the gravamen of the offense is unauthorized possession of a firearm. Plaintiff. by counsel. 1 June 1999.106 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. Absent proof of the negative element. It is only in the event that the prosecution. with leave of court previously sought and granted. the offense is not proven. be acquitted. 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. A civil demurrer may be filed with or without leave of court but if the demurrer is granted and later reversed on appeal. the accused respectfully prays that the Information against him be DISMISSED and that he be ACQUITTED of the crime charged. 4. The prosecution has failed to adduce sufficient evidence of guilt such as would shift the burden of proof. 000909 versus PADME AMIDALA. the prosecution must rely on the strength of its evidence and not wait for the accused to offer any defense. 2. The prosecution has failed to show that the accused had no license to carry a firearm.x DEMURRER TO THE EVIDENCE DEFENDANT. after resting its case. See Form No. Thus.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.e. x ---------------------------------------. Without proof of this negative element.1.Accused. 2. DARTH SIDIOUS Counsel for the Accused REQUEST FOR AND NOTICE OF HEARING B. Thus. Civil Case No.x DEMURRER TO THE PROSECUTION’S EVIDENCE THE ACCUSED.2. has adduced sufficient evidence of guilt. Quezon City. the pleading desired to be admitted must already be attached. by counsel. Page 40 of 63 . thus. The proof of the negative element is indispensable to proof of a violation of PD 1866. i. this means that the prosecution must prove that the accused had no legal authority to possess any firearm. Under the Constitution. the crime is not proven. the defendant loses the right to adduce evidence. x ---------------------------------. he must.. 4 . CIVIL CASES ANAKIN SKYWALKER.

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

5. Quezon City. Imzadi Place Tatooine. RESPECTFULLY SUBMITTED. in this case. WITHDRAWAL AS COUNSEL ANAKIN SKYWALKER. Henceforth kindly address all pertinent notices to plaintiff at his address given in the Complaint. 4 July 1999. Plaintiff. 1. 1357 versus For: Legal Separation PADME AMIDALA x -------------------------------. 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. Page 42 of 63 . 1 July 1999. RESPECTFULLY SUBMITTED. Plaintiff. in this case.Quezon City-Branch 101 ANAKIN SKYWALKER. 1357 versus For: Legal Separation PADME AMIDALA x -------------------------------. Civil Case No.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. Quezon City. Pasig City WITH MY CONFORMITY: PADME AMIDALA110 Copy furnished: DARTH SIDIOUS FORM NO. OBI WAN KENOBI No. Henceforth kindly address all pertinent notices to the undersigned at the address given below. with her express conformity as indicated below. with his express conformity as indicated below. Civil Case No.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.

the court may ask counsel to secure conformity. Pasig City WITH MY CONFORMITY: ANAKIN SKYWALKER FORM NO. no reason for withdrawal needs to be given. 5-A.111 Henceforth kindly address all pertinent notices to plaintiff at his address given in the Complaint. MACE WINDU 1 Imperial Palace. Page 43 of 63 . for which reason the express conformity of plaintiff cannot be obtained. Pasig City 111 Note that if the client gives express conformity. 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.MACE WINDU 1 Imperial Palace. If withdrawal is due to fundamental and irreconcilable professional differences. if withdrawal is without conformity. Quezon City. RESPECTFULLY SUBMITTED. Cloud City. then it must be stated so that the absence of conformity of the erstwhile client is justified. However. 4 July 1999. Cloud City.

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

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

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

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

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

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

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

Page 53 of 63 .

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

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

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

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

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

with residence at _______________ (ASSIGNEE). made and executed by and between DAMI UTANG. does hereby SELL. under the express stipulation that if the said VENDEE-MORTGAGOR shall pay or cause to be paid unto the VENDOR-MORTGAGEE the obligations. WITNESSETH: That the ASSIGNOR is indebted to the ASSIGNEE in the sum of ___________ Pesos (P______) and in full payment and complete satisfaction thereof hereby assign. transfer and Page 59 of 63 . of legal age. Filipino. and more particularly described. The VENDOR. for and in consideration of the amount of _________________ Pesos (P_____). as follows: (State manner of payment) In order to guarantee the fulfillment of the above obligations. then this Mortgage shall be of no further force and effect. his heirs and assigns. as follows: (Copy technical description in TCT/OCT) his title thereto shown by Transfer (or Original) Certificate of Title No. IN WITNESS WHEREOF. married to ALANG MALAY. his heirs and assigns. the property described. free from all liens and encumbrances whatsoever. together with all the buildings and improvements thereon. of legal age. I have signed this deed this __ day of ______________ 199__ at Makati City. of which amount _________________Pesos (P_____) shall be paid by the VENDEEMORTGAGOR to the VENDOR-MORTGAGEE at the latter’s residence. otherwise. with residence at _____________ (ASSIGNOR) and DAMI LUPA. 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. to him paid by VENDEE and receipt of which is acknowledged. the same shall remain in full force and effect and shall be enforceable in the manner prescribed by law. TRANSFER and CONVEY unto the said VENDEE. ______ issued by the Register of Deeds of Makati. 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. Filipino. the VENDEEMORTGAGOR does hereby MORTGAGE unto the said VENDOR-MORTGAGEE. the property with all the buildings and improvements thereon. situated in the City of Makati. It is hereby agreed and stipulated that the UNPAID BALANCE OF ____________ Pesos (P____).The VENDOR-MORTGAGEE is the absolute owner of a certain parcel of land with all the buildings and improvements thereon.

17.convey unto the ASSIGNEE that certain real estate with all the buildings and improvements thereon. and more particularly described as follows: (Description of property assigned) of which real estate the ASSIGNOR is the registered owner. granted to me by YAMAN NYA. ____________ of the Register of Deeds of _____________. DAMI UTANG DAMI LUPA Assignor Assignee With my marital consent: ALANG MALAY BIL MOKO Acknowledgment FORM NO. otherwise. married and resident of Makati. the parties have signed this Deed on __________ at _________________________. DAMI KOTSE. for and in consideration of the loan of FIVE HUNDRED THOUSAND PESOS (P500./Color Chassis No. Engine No.s. married and resident of Makati. CHATTEL MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That I. : 00000001111. also of legal age. of which I am the true and absolute owner by title thereto. more particularly described as: Model/Make No. to be paid one (1) year from date hereof. racing green. IN WITNESS WHEREOF. Page 60 of 63 . free from all liens and encumbrances that certain motor vehicle. Please attach this particularly to a chattel mortgage. situated in ___________. 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. of legal age. successors and assigns. : 00000001111. being evidenced by Registration Certificate of Motor Vehicle No. have transferred and conveyed by way of chattel mortgage unto said YAMAN NYA. I have signed this instrument on __________________199_ at Makati City. at present in my possession at my address. Upon payment. ______ issued in my name by the Land Transportation Office on __________________. That the ASSIGNEE does hereby accept this assignment in full payment of the abovementioned debt of ______________ Pesos (P_________). DAMI KOTSE Affidavit of Good Faith126 525 626 1997 Bar Question. IN WITNESS WHEREOF. his title thereto being evidenced by Transfer (or Original) Certificate of Title No. CHATTEL MORTAGE125 Republic of the Philippines Makati City ) ) s.000. his heirs. it shall continue in full force and effect and may be foreclosed in accordance with law.00). this contract shall become null and void. : BMW 738i (1998).

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. 44. Rule 40. 122. sec. sec. 43. 42. Rule 41. YAMAN NYA DAMI KOTSE Signed in the presence of: UZI 1 UZI 2 Acknowledgment [1] ORDINARY APPEALS127 CHECKLIST OF REQUIREMENTS: A. and YAMAN NYA. IN CIVIL CASES -I. 13. mortgagee. sec. Page 61 of 63 . 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. Rule 40. Rule 40.PEALS AND OTHER RESORTS TO APPELLATE COURTS IN CRIMINAL AND CIVIL PROCEDURE We severally swear that DAMI KOTSE. 7. Rule 44. 3. 4. 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. secs. mortgagor. 7.

 Statement of the Facts  Statement of the Issues  Argument  Relief  Copy of judgment or final order appealed from134  Brief for Appellee135 (Same as supra. 636 Rule 44. 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. 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. sec. 9. sec. 838 Rule 122. note the almost identical content. sec. 1(a). sec. 1(b). 40 0 Rule 122. 8. 10. 99-2-04. Rule 44. sec. IN CRIMINAL CASES -I. 14. sec. Page 62 of 63 . 939 Rule 122. 37 7 Rule 44. 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. 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. 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. 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. 3(c). see SC Administrative Memorandum No. section 13(h). 3(a). this may be required in lieu of Briefs. 35 5 Rule 44. secs.

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 13. sec. Page 63 of 63 . Rule 43. Rule 45. 122. sec.[2] PETITIONS FOR REVIEW141 I. Rule 42. 4. 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. 43. Rule 13. 2. 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. 1. sec. 45. 1(b). 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. sec. sec. 4. section 13. Rule 42. section 13. Rule 45. Rule 43. See also Rule 122.

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