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

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

plaintiff demanded from defendant the return of the car but defendant failed and refused to do so.00). By reason of defendant’s unreasonable failure or refusal to pay his due and demandable obligation. represented by AKIN NAYAN. Defendant’s obligation is due and demandable and plaintiff is entitled to the payment of the entire amount of Nine Hundred Thousand Pesos (P900. 6.00).00) plus legal interest. Plaintiff. Plaintiff is ready. respectfully states that: 1.00). This is jurisdictional and a complaint that fails to comply with this requirement is fatally defective. Defendant. Its present value is approximately Nine Hundred Thousand Pesos (P900. 3. Plaintiff is the general manager of Hurts Rent-A-Car with offices at Makati City. (SGD. 5. with legal interest. 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. 2. which defendant. WHEREFORE. ______________. Quezon City for Makati.000. on 3 March 1999. as ACTUAL DAMAGES and FIFTY THOUSAND PESOS (P50. Manila. plaintiff respectfully prays for judgment in his favor through a Decision directing defendant to pay him NINE HUNDRED THOUSAND PESOS (P900. 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.00) as Attorney’s Fees.000. COMPLAINT FOR REPLEVIN9 Republic of the Philippines Regional Trial Court National Capital Judicial Region Branch 101-Makati City HURTS RENT-A-CAR.[5. 9 1986 Bar Question. 000088 versus YOKO NGA. Page 5 of 63 .) ATTICUS FINCH Counsel for Plaintiff [Address] Add: Verification and Certification Against Forum Shopping C. 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. plaintiff was forced to engage the services of counsel to vindicate his rights thereby committing himself to pay legal expenses amounting to Fifty Thousand Pesos (P50.x COMPLAINT Plaintiff. x----------------------------------. temporarily residing at Bayview Hotel. 4.000. defendant is a Tongan. On 15 March 1999. rented from plaintiff for a period of one (1) week.000. by counsel. Civil Case No.000. Hurts Rent-A-Car is the registered owner of a Honda CRV with license plate number TUV-675.]8 Other just and equitable reliefs are also prayed for. Roxas Boulevard.

WHEREFORE. on 4 April 1999. Defendant.00). ________________. However. 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. 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. ANSWER WITH AFFIRMATIVE DEFENSE AND 00 1980 Bar Question. 5. There is no fixed period for the lease agreement except that rentals are to be paid by the month. respectfully states that: 1. Page 6 of 63 . 2. (SGD. 6 August 2002. WHEREFORE. Pasig City. after hearing. Pasig City for a monthly rental of One Thousand Pesos (P1.) MITCH MCDEERE Add: Verification and Certification of Non-Forum Shopping D. it is respectfully prayed that this Honorable Court fix a period of years for the lease between plaintiff and defendant. Plaintiff and Defendant are both Filipino citizens and of legal age. defendant leased to plaintiff the premises at 1-A Cruz Street. defendant gave notice to plaintiff that he is terminating the lease agreement by the end of August 1999. On 1 January 1996.) ATTICUS FINCH Counsel for Plaintiff [Address] Add: Verification and Certification Against Forum Shopping FORM NO. Considering that the period of lease has not been fixed. Cruz Street.000. 3. 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. judgment be rendered declaring plaintiff to be lawfully entitled to the possession of the car and sentencing defendant to pay its value. x ---------------------.00) to be paid within the first five (5) days of each month. 00111 versus NAGPA PAUPA. Plaintiff has been paying the rentals as they fall due each month.000. Quezon City for Makati City.x COMPLAINT PLAINTIFF. without fail. where he may be served with summons. 2. Plaintiff. COMPLAINT TO SET PERIOD OF YEARS FOR LEASE10 Republic of the Philippines Regional Trial Court National Capital Judicial Region Pasig City-Branch 161 NANG UUPA. plaintiff resides at 1-A. Civil Case No. Quezon City for Pasig City. (SGD. 4. Pasig City while defendant resides at 2 Frisco Street. by counsel.

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

YOKO NGA. Affirmative Defenses 5. and (b) Fifty Thousand as Attorney’s Fees. such as that contained in italics above. Defendant reiterates. in response. 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. __________________. 3. among which is a counterclaim. Defendant reiterates.000/00) because his name and reputation were besmirched by this malicious and baseless suit. of legal age. do hereby state that: I am the defendant in the case filed by Alis Di-yan Company for ejectment. superceded by a Deed of Absolute Sale whereby plaintiff sold to defendant the parcel of land in question. Quezon City.2. I have caused the preparation of this Answer with Counterclaim. 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. Plaintiff has no capacity to sue as it is a foreign corporation doing business in the Philippines without a license.1. section 5 of the 1997 Rules on Civil Procedure requires that any initiatory pleading.2. before its expiration. 11 (effects of failure to specifically deny). He admits the contents of paragraph 2 only where it states that a Contract of Lease was entered into but specifically denies that the Contract reflects the true intent of the parties as explained in the Affirmative Defenses below. WHEREFORE.Admissions/Denials 1.1. Counterclaim 6. must be accompanied by a Certification against Forum Shopping. then the Answer must be verified. (SGD) MITCH MCDEERE Counsel for Defendant VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING15 I. 8 (how to contest such documents). repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that the Complaint should be dismissed because: 5. secs.. 4.000. 6. 2.000. I have read its contents and affirm that they are true and correct to the best 55 Please note that Rule 7. The Complaint fails to state a cause of action as the Contract of Lease (ANNEX A) was. Moral Damages amounting to One Million Pesos (PHP1. a copy of which is attached as ANNEX 1. 7 (definition of actionable document). Also please note that an Answer need not be verified but if there is a specific denial of an actionable document. 10 (requirements of a specific denial). 5. Attorney’s Fees amounting to One Hundred Thousand Pesos (P100. 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. Page 8 of 63 . See again Rule 8.00) because he was compelled to secure services of counsel to vindicate his legal rights. as follows: 6. He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in the Affirmative Defenses below. 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. Other just and equitable reliefs are prayed for.

section 6. from defendant. WHEREFORE. I shall notify the court within five (5) days from my notice. he further prays that co-defendant MANGGA GANTSO be made liable to indemnify defendant in the same amount under the Crossclaim. Page 9 of 63 . (Sgd) YOKO NGA JURAT B. acting as such. ANSWER WITH COUNTERCLAIM AND CROSSCLAIM See Form No. 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.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. but add-Crossclaim 7. IN WITNESS WHEREOF. 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. and (b) Fifty Thousand as Attorney’s Fees. 3.of my own personal knowledge. 77 Rule 18. received consideration. I have signed this instrument on 27 July 2002. I specifically deny the genuineness and due execution as well as the binding effect of the actionable documents pleaded by plaintiiff. should I learn of such a case. in relation to any actionable document. as required by the Rules. (SGD) MITCH MCDEERE Counsel for Defendant Add: VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING FORM NO. In the event that defendant is made liable to plaintiff on the Complaint. PRE-TRIAL BRIEF17 I. 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. 2-A. supra. in the form of the purchase price. Defendant reiterates.

III. the requirement of a pre-trial brief and the consequences for failure to submit one (e.30) with interest at twelve percent (12%) arising allegedly from unpaid orders delivered to defendant variously in 1989.x PRE-TRIAL BRIEF18 DEFENDANT. as follows: I. Please note also that pre-trial is now mandatory in criminal cases under Rule 118. by counsel. 2.. courts also do not require the submission of a pre-trial brief in criminal cases). defendant respectfully submits that the desired terms of any amicable settlement would involve.2. 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.3. a schedule of payments. 1. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT19 1. Plaintiff. Plaintiff’s lack of personality to sue and. defendant is open to the possibility of amicably settling this dispute. II.2.818.II. Defendant also interposed a compulsory counterclaim for Two Million Pesos (PHP2. respectfully submits her Pre-Trial Brief. 2. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of openness from plaintiff. SAMPLE/REPRESENTATIVE FORM: Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Quezon City~Branch 90 LAKISA LAYAW. not being the real party in interest under Rule 3. 99 This is a new requirement imposed by the 1997 Rules on Civil Procedure.000.00) as attorney’s fees.000. Consequently. Plaintiff seeks principally to recover the amount of Twenty Two Million Eight Hundred Eighteen Thousand Nine Hundred Forty Eight Pesos and Thirty Centavos (PHP22. x ------------------------------------. 97-31312 versus - LAKISA HIRAP.g. non-suit or dismissal) appear to pertain exclusively to civil cases.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.1.948.2. Defendant.00) for exemplary damages and One Hundred Thousand Pesos (PHP100.000. therefore. section 2 of the 1997 Rules of Civil Procedure.000. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure. Extinguishment of the alleged claim made by the entity Regency Furniture. 2. 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.1. second. BRIEF STATEMENT OF CLAIMS AND DEFENSES 2.2. Civil Case No. Page 10 of 63 .1.00) for moral damages and Two Million Pesos (PHP2.2. Defendant resists plaintiff’s claims based on a failure to state a cause of action because of : 2. first.

defendant does not intend to avail of discovery at this time. 6. 4. 4..1.2. ISSUES TO BE TRIED 4.2. 5. 1997 and her reply to the demand letter. MA BOLA Counsel for Plaintiff Page 11 of 63 . IV. 4. Defendant intends to present the following witnesses: 5. 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. i. 5. RESORT TO DISCOVERY 6.1. Plaintiff’s personality to seek legal reliefs.e. Subject. 14 April 2002. Plaintiff’s bad faith in filing this suit. VI.2.) MITCH MCDEERE Counsel for Defendant Copy furnished: ATTY. Defendant admits only those facts stated in her Answer. An employee of Topless Enterprises with personal knowledge as to the true circumstances behind the alleged obligations due and owing in favor of plaintiff. her personal circumstances. Defendant submits that the following issues she put forward are subject to proof: 4. Defendant herself.3.2. (SGD.2. defendant reserves the right to resort to discovery before trial. Quezon City.1.1. Plaintiff’s entitlement to the amount claimed. defendant admits no other facts stated in the Complaint.2. EVIDENCE 5. V.1.1. who will testify on the true circumstances leading to the filing of this suit against her.1.1.1. if necessary. RESPECTFULLY SUBMITTED.2. receipt of the demand letter dated January 5.1. however. Defendant submits that the following issues put forward by plaintiff are subject to proof: 4. 3. Considering the relatively simple issues presented. Defendant’s entitlement to the claims made in her Compulsory Counterclaim as a result of plaintiff’s bad faith.2.1.2. to a concrete and reasonable request for discovery from plaintiff. Subject to a concrete proposal for stipulation of additional facts from plaintiff during pre-trial or even thereafter.

Consequently. plaintiff has failed to reach the quotas agreed upon under the Marketing Agreement dated 1 January 1999. 3333 versus For : Sum of Money DAMI UTANG CORPORATION. as shown by the following: 1. CHECKLIST OF REQUIREMENTS: Grounds  Prayer/Relief  Notice of Hearing21  Proof of Service22  Attachments (if any)  Verification (in certain cases) II. Quezon City. section 13.00). Rule 15. 33 1988 Bar Question. 2 2 Rule 15. WHEREFORE. x --------------------------------------. 4 4 Please take note that the Notice of Hearing is actually both a REQUEST and a NOTICE.) MITCH MCDEERE Counsel for Defendant REQUEST FOR & NOTICE OF HEARING24 00 Cf. Civil Case No. (SGD. SAMPLE/REPRESENTATIVE FORMS: A. section 5. Other just and equitable reliefs are also prayed for. Cf.FORM NO. defendant now seeks to collect the sum of TWO HUNDRED THOUSAND PESOS (P200. plaintiff’s Complaint states no cause of action and must be dismissed. by counsel. section 4 (on period of service). Defendant.x MOTION TO DISMISS DEFENDANT. 4. For this reason. MOTION TO DISMISS (with REQUEST FOR AND NOTICE OF HEARING)23 Regional Trial Court National Capital Judicial Region METROPOLITAN TRIAL COURT Branch 39. The contract is for one (1) year and defendant is given that same period to reach the quota specified therein. 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. 1997 Rules on Civil Procedure. Quezon City LAKI ASSET COMPANY. MOTIONS20 I. Rule 15. 11 Rule 15. a REQUEST for the Branch Clerk of Court to include the motion in the calendar for hearing on a specific Page 12 of 63 . (Date). representing the balance of the proceeds due plaintiff under the said Marketing Agreement. Plaintiff. section 6 in relation to Rule 13. 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. Allegedly.000. defendant respectfully prays that the Complaint be DISMISSED for failure to state a cause of action. the period of one (1) year has not expired. 2.

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

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

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

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

Quezon City. plaintiff respectfully prays that he be granted an additional fifteen (15) days from 10 August 1999. 000909 versus PADME AMIDALA. 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. 7 April 1999. 3. within which to submit plaintiff’s Reply. plaintiff is entitled to a declaration of default and the right to present evidence ex parte against defendant. Despite the lapse of time. 2. defendant has failed to answer the Complaint against her. or until 25 August 1999. Plaintiff. no motion for extension of such period was filed nor was any granted motu propio by this Honorable Court. WHEREFORE. MOTION TO DECLARE DEFENDANT IN DEFAULT ANAKIN SKYWALKER. MITCH MCDEERE Counsel for Plaintiff REQUEST FOR AND NOTICE OF HEARING G. Defendant’s reglementary period to file Answer ended on 5 April 1999. Quezon City.x MOTION TO DECLARE DEFENDANT IN DEFAULT PLAINTIFF. respectfully states that: 1. within which to submit plaintiff’s Reply. summons were served on defendant on 20 March 1999. (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. Defendant. 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. thereafter. a copy of which is attached as ANNEX A. Page 17 of 63 .1999. WHEREFORE. by counsel. Civil Case No. Plaintiff filed this Complaint against defendant on 1 March 1999. x ---------------------------------. defendant loses the right to receive any other notices except for judgment in default. 1 August 1999.

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

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

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

will. section 6. contract or other writing. Quezon City. Rule 66. ________________ (SGD. Quo Warranto.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. section 1. it is respectfully prayed that. will. Rule 62.Petitioner.51  Declaratory Relief . who must claim no interest or has an interest not disputed by claimants. Rule 62.(a) Solicitor General. a writ of mandamus issue commanding respondent/s forthwith to: (state the act required to be done).43 Quieting of Title and Declaratory Relief44 I. Rule 63. section 2. contract or other writing and facts showing that no violation or breach has 22 33 44 55 66 77 88 99 00 11 Rule 66. after due notice and hearing. Rule 62.42 Interpleader.Any person interested under a deed. Page 21 of 63 . with costs against them.facts showing interest under a deed. Rule 63. section 6. before breach thereof.) COUNSEL VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING B. sections 1 and 2. section 1. will. will. Rule 66.WHEREFORE.facts showing usurpation of office and facts showing entitlement of petitioner to the office. Rule 66. Rule 66.50  Interpleader . contract or other written instrument and injury arising from operation of said deed. when directed by President or motu propio. section 5.48  Declaratory Reliefs . and who stands to suffer injury by operation of the said deed. and claimants over the same subject matter.47  Interpleader . CHECKLIST OF REQUIREMENTS:  Parties  Quo Warranto . may bring action in his own name46 against the alleged usurping public officer.45 Person claiming to be entitled to public office or position usurped or unlawfully held or exercised by another.49  Material Allegations of Ultimate Facts  Quo Warranto . contract or other writing.

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

Equity demands that the said Deed of Sale be surrendered and cancelled. defendant City Council passed Ordinance No. WHEREFORE. Petitioner. On 1 August 1999. Quezon City. Plaintiff is a Filipino citizen of legal age and resident of Quezon City. respectfully states that: 1. 2345 making it unlawful to operate cellular phone units while inside a moving vehicle and penalizing any violations with a fine of P1. Defendant. a copy of which is attached.) MITCH MCDEERE Counsel for Petitioner Verification and Certification of Non-Forum Shopping C. par. 2. as it is a cloud upon the title of the deceased and his lawful heirs. by counsel. executed a Deed of Sale of real estate in favor of the respondent dated _____________. sec. as shown by a judgment in Civil Case No. The same is annotated on the title as the only encumbrance thereon. 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. UMA AGAW. 1. 12345 in the Register of Deeds of Makati. and particularly described. the duly-constituted legislative body for Quezon City.NALI LITO. during his lifetime. as Special Administrator of the Estate of the deceased DAMI LUPA. 3.00 for each offense in addition to impounding of the cellular 66 Rule 63. He is the special administrator of the estate of the deceased DAMI LUPA. 2468 versus THE CITY COUNCIL OF QUEZON CITY.x PETITION PETITIONER. x -----------------------------------------------. its members may be served with notices at Quezon City Hall. 12345 removed. ACTION FOR DECLARATORY RELIEF56 INA API. 2. Page 23 of 63 .000. Plaintiff. The sale is fictitious and the Deed of Sale is forged.x COMPLAINT PLAINTIFF. as follows: (Describe property) covered by TCT No. (SGD. 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. by counsel. 4. x --------------------------. Civil Case No. 1. respectfully states that: 1. defendant is the City Council of Quezon City. The deceased. ________________. 2468. Respondent.

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

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

In said capacity. Five Hundred Thousand Pesos (P500. Mr. do hereby state under oath that: 1. I am the Chief of Staff of the Mayor of Quezon City.very person before my peers and fellow homeowners. Investigating Prosecutor CERTIFICATION I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIED THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT. TO THE TRUTH OF THE FOREGOING. and have been occupying said post since his election to the post in 1998. There is no truth to the allegations in MA GULANG’s complaint. COUNTER-AFFIDAVIT Republic of the Philippines The City of Makati ) ) s. 2000 Rules on Criminal Procedure. she then told me if the Mayor could refer her to prospective clients. 1613.000.s. he has been supporting their activities financially with voluntary contributions. 3. Mr.00) in nominal damages.000.S. MA SELAN Complainant-Affiant SUBSCRIBED AND SWORN TO BEFORE ME this ___ day of December 1998. The charge is based on a supposedly unpaid account for the purchase of seven (7) Nextel phone units by a Mr. reputation and character that my children and their children can be proud to bear. 3(a). 4. When the Mayor arrived. of legal age. 6.00) in exemplary damages. Ingay’s remarks have injured my name. reputation and character are incapable of pecuniary estimation as these are the result of a lifetime’s effort to build a name. which made the Mayor their Honorary Chairman with no direct functions. Gulang called the office of the Mayor. No. 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.000. While my name.000. MANGGA GANTSO of the Quezon City Rescue and Environmental Distress Unit. Investigating Prosecutor59 B. I have signed this Complaint-Affidavit on __ December 1998. I informed her that both the Mayor and I had our units already.00) in moral damages and Five Hundred Thousand Pesos (P500.S. No. I am also holding Mr. I am in charge of coordinating the day-to-day affairs and activities of his Office. Page 26 of 63 . I recently learned that I have been made a respondent in I. looking for him. I informed her that he was not around. COUNTER-AFFIDAVIT Re : I. reputation and character before my neighbors and peers. 2. Sometime last year. filed by a certain MA GULANG on 19 January 2000 before the Office of the City Prosecutor for Quezon City. The Complaint must be dismissed. 1613 I.1. I set forth the true circumstances leading to the transaction below: 4. Ingay cannot be allowed to simply go scot-free without bearing the consequences of his acts. There is no factual nor legal basis to charge me with estafa. a charge for estafa. 99 Rule 112. To rebut and contradict MA GULANG’s malicious lies. MA LABO. Ms. Ma Ingay liable civilly for defaming me in the amount of One Million Pesos (P1. For this reason. I relayed the message to him. sec.

I would still receive phone calls telling me that Mr. Gantso had yet to pay. Mr. Gulang telling me that Mr. I set up an appointment for Mr. 4. I have signed this Statement on 3 February 2000. 6. 5. Gantso had not yet paid. For this reason. Gulang does not even allege and cannot prove). On that day. she met with Mr. Gulang.4. 4. I performed no act of deceit or fraud against her in ordering the units. Considering the foregoing. Thereafter. 7.3. Gantso to meet with her at the Office. Gulang would hold me liable for estafa when all that I did was to refer Ms. thus. Gantso had called the Mayor asking if he could assist in securing Nextel units. Ms. Gulang. Gulang brought the units to the Mayor’s Office. as a result. They transacted business inside the Mayor’s Office and only passed by my office on their way out. I would follow up with Mr. Gantso but he simply gave me this promise that he would pay. TO THE TRUTH OF THE FOREGOING. Some time after that. (SGD) MA LABO (*) Verification (**) Certification Page 27 of 63 . The Mayor asked me to call Ms. Gantso inside the Mayor’s office. be dismissed. 4. The Complaint against me should. Gulang. not to me. it is certainly incomprehensible that I should stand accused of estafa by Ms. Gulang was paid due simply to my great embarrassment at the prospect of being accused of referring a person who does not know how to pay for an obligation. Gantso and Ms. Gulang phoned me and told me that Mr. Quite coincidentally. 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. 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. Mr.2.000. I performed NO ACT that even remotely resembles ANY of the acts punished under Article 315. any civil liability should pertain to the Office of the Mayor. Gulang to Mr. and when she started to get angry over the telephone. I called Mr. Gantso had not paid her the amount of P11. If at all.6. It is utterly inexplicable that Ms. Ms. he assured me that he would pay her but that he just needed to collect money from the rest of the group. But even then. Gulang were able to meet. Gantso and told him to pay Ms. Somewhat embarrassed by this. I even exerted my best efforts to see that Ms. 4. Gulang.5. After persistent calls from Ms.4. to a certain extent. I gave her the telephone number of Gantso so that she could just call him directly. Gantso. I would still get calls from Ms.

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

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

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

the accused seized her from behind. with intent to kill. ELLIOT NESS Assistant City Prosecutor CERTIFICATION OF PRELIMINARY INVESTIGATION OR INQUEST Page 31 of 63 . use of firearm and disregard of age. x --------------------------------------------. and. versus Criminal Case No. discharge the firearm twice against the person of said Vic Tima. an invalid septuagenarian. in Quezon City. Plaintiff. CONTRARY TO LAW with the aggravating circumstances of Evident Premeditation. causing the accused to flee from the premises without completing all the acts of execution. ELLIOT NESS Assistant City Prosecutor CERTIFICATION OF PRELIMINARY INVESTIGATION OR INQUEST (4) FRUSTRATED MURDER PEOPLE OF THE PHILIPPINES. 00567 For : Frustrated Murder MAMA MATAY. directly aim the same firearm at the person of VIC TIMA. threw her to the floor. which wounds would have been fatal had not timely medical assistance been rendered to the said Vic Tima.x INFORMATION The undersigned accuses MAMA MATAY of frustrated murder committed as follows: That on or about 21 August 1996.44 Caliber Magnum pistol. the accused did then and there take a loaded . CONTRARY TO LAW with the aggravating circumstance of dwelling. at point blank range. inflicting on said Vic Tima two (2) wounds on his chest and stomach. Accused. raised her skirt. 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.lunch.

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

If no resolution has yet been made by the Search Warrant Court by the time an Information is filed. it may be filed with the court that issued the search warrant. (SGD) MITCH MCDEERE Counsel for the Accused REQUEST FOR AND NOTICE OF HEARING B. 2000 Rules on Criminal Procedure. Page 33 of 63 Criminal Case No. 99 Const. Accused. 6 in relation to sec. versus VIG CHAN. 4. 66 Rule 126. 2. (1987).87  No personal determination of probable cause by Judge. 00022 For: Libel . SAMPLE/REPRESENTATIVE FORM: (Caption) PEOPLE OF THE PHILIPPINES. 2000 Rules on Criminal Procedure. 2000 Rules on Criminal Procedure. 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. Motion to Quash Search Warrant84 I. art. _______________. 1 (order in writing in the name of the People.. it is respectfully prayed that the Information against the accused be QUASHED and that the accused be released immediately from detention. signed by a judge and directed to a peace officer.88  No probable cause. 10.86  More than one offense. although it has been used widely in practice and even acknowledged by the Supreme Court in case law. sec. Quezon City. 8 8 Id. sec. 2000 Rules on Criminal Procedure.85  Served beyond period.WHEREFORE. 77 Rule 126.89  Relief  Date  Signature of counsel  Notice of Hearing  Affidavit of service II. III. Plaintiff. respectfully moves for the quashal of Search Warrant No. by counsel. 1122 issued by this Honorable Court on and dated 12 July 2000 based on the following considerations: 44 Rule 126. sec. 4 (particular description of the place to be searched and the things to be seized). sec. x ---------------------------------------------. 55 Rule 126. 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. Rule 126. commanding him to search for personal property described therein and bring it to the court) and sec. this is a new pleading expressly recognized for the first time in the Rules.x MOTION TO QUASH SEARCH WARRANT The ACCUSED. 14. 4. sec. sec.

3(2). It was served on the accused on 23 July 2000. 8. SAMPLE/REPRESENTATIVE FORM: Republic of the Philippines Regional Trial Court National Capital Judicial Region Branch 104-Quezon City PEOPLE OF THE PHILIPPINES.96  Property not subject of seizure. 2000 Rules on Criminal Procedure. Motion to Suppress Evidence91 I. 00 See Form No. 10 provides expressly that a search warrant shall be valid for ten (10) days from its date and that thereafter. this is certified to by the Sworn Inventory and Return executed by Major Alang Alam. (SGD.95  No Inventory. sec. certain objects were seized and delivered to the court. 2000 Rules on Criminal Procedure. sec. A search was made on the same day.1. 10. 11 Rule 126. Under the law. it shall be void. sec. the Search Warrant is void and must. sec. 2000 Rules on Criminal Procedure. 14. (1987). 66 Rule 126.98  Relief  Date  Signature of counsel  Notice of Hearing  Affidavit of service II. 2000 Rules on Criminal Procedure. 2 2 Rule 126. sec. Rule 126.94  No receipt. pursuant to said search. Search Warrant No. 2000 Rules on Criminal Procedure. supra. 301 SCRA 668 (1999).93  More than one offense. 55 Rule 126. art. supra. 4. sec. 88 See People v. the 11th day from its date. 1122 be QUASHED and all objects seized under its purported authority be declared INADMISSIBLE under the exclusionary rule in Article III. the leader of the searching team (a copy of which is already part of the records). WHEREFORE. 2000 Rules on Criminal Procedure.97  Not evidence in plain view. 2. thus. 2 in relation to sec. 24. 7 7 Rule 126. it is respectfully prayed that Search Warrant No. be quashed. Page 34 of 63 . 4. 1122 is dated 12 July 2000. Rule 126. footnote no. Doria. 3. 25 July 2001. 4 4 Const. 2000 Rules on Criminal Procedure. section 3(2) in relation to section 2.92  Served beyond period. Plaintiff. CHECKLIST OF REQUIREMENTS:  Caption and Title  Distinct Specification of Factual and Legal Grounds for Suppression  Search without witnesses. see note 84. 11. sec. 12. 23 July 2000. sec. 33 Rule 126. sec.) MA TAPANG Counsel for Accused Request for and Notice of Hearing90 C. Quezon City. III.

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

however. 4: APPLICATION FOR PROBATION I. WHEREFORE. thus. as bail is generally a matter of right and is only limited and made discretionary in capital cases. Quezon City. versus Criminal Case No. Other just and equitable reliefs are also prayed for. by counsel. Page 36 of 63 . 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. (SGD) MITCH MCDEERE REQUEST FOR AND NOTICE OF HEARING FORM NO. it is respectfully prayed that the accused be granted: (1) a bail hearing. (b) the medical certificate issued by the NBI doctor (attached as ANNEX B to the Information) after a physical examination of the accused. 00567 For : Murder NAKA PIIT. SAMPLE/REPRESENTATIVE FORM: PEOPLE OF THE PHILIPPINES.D. Plaintiff. He is. The Information alleges that he raped the private complainant on December 25. entitled to bail as a matter of right. he respectfully submits the following: 1. 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. _______________. grant the accused reasonable bail. there is no basis to conclude that the accused raped the private complainant as there is less than circumstantial evidence of this fact. two (2) days after the alleged rape. x -----------------------------------------. The prosecution’s own evidence. 1998 at his residence in Quezon City.x MOTION FOR BAIL THE ACCUSED. CHECKLIST OF REQUIREMENTS: 000 See Rule 114. (2) For these reasons. and (2) thereafter. 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. 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. as amended. Accused. Motion for Bail I. In support. however. 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-applicant does not need any correctional treatment requiring commitment to an institution. Criminal Case No. 968. On ________. Page 37 of 63 . Accused. She has not been convicted of any crime against national security or public order. Accused-applicant is of legal age and currently gainfully employed at ASN Broadcasting Corporation located at Timog Avenue. consequently. are fair. 2.4. (SGD) ATTICUS FINCH 101 See PD 968.2. Accused-applicant humbly submits that she possesses all the qualifications and none of the disqualifications enumerated under section 2 of Presidential Decree No. Moreover. 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. WHEREFORE. she pleaded “guilty” to the offense charged herein. 2. Quezon City for Pasig City. as amended. x ---------------------------------------------. by counsel.     All the requirements as in ordinary motions Grounds for Probation101 Relief Verification by applicant Notice of Hearing II. the accused respectfully submits the following: 1. under the circumstances.3.x APPLICATION FOR PROBATION THE ACCUSED. to date. She has not started to serve her sentence and. specifically: 2. 2. 12 March 1999. In support of this application. accused-applicant will commit another crime. 114878 versus RECY DIVIST. 3 Finally. 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. 968. 2. She has not been previously convicted by final judgment of an offense punishable by imprisonment of not less than one (1) month and one (1) day and/or a fine of not less than Two Hundred Pesos (P200. She has not previously applied for nor had been previously placed under probation under Presidential Decree No. Plaintiff. just and reasonable in the sound discretion of this Honorable Court. respectfully applies for probation pursuant to the provisions of Presidential Decree No. Quezon City.1. has not filed any Notice of Appeal from the Order of conviction. SAMPLE/REPRESENTATIVE FORM: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT PASIG-BRANCH 69 PEOPLE OF THE PHILIPPINES.00). 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. as amended. 968.

the private prosecutor has no personality to formally offer the evidence.000. by the undersigned public and private prosecutors. respectfully offers his/her documentary exhibits in support of his/her defenses. and as part of the testimony of the private complainant. 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. the accused issued a post-dated check in the amount of One Million Pesos (P1. x -----------------------------------------.LEADINGS AND OTHER LEGAL DOCUMENTS COMMON TO CIVIL AND CRIMINAL PROCEDURE Counsel for Accused Request for and Notice of Hearing FORM NO. respectfully offer their documentary exhibits in support of their case-in-chief:103 1. Description and Purpose but. In criminal cases. _________________. for purposes of the Bar. then the proper first paragraph should read: “The Accused (Defendant). by counsel. the sworn statement of ‘Alang Kaso. to prove authorship and the authenticity of the sworn statement. the signature of accused on face of the check–to prove the issuance of the check. as follows:” Invariably. The marked copies of Exhibits A and B are already part of the record. the private complainant. WHEREFORE.. FORMAL OFFER OF EVIDENCE Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Quezon City-Branch 90 PEOPLE OF THE PHILIPPINES. 2. the dorsal side of the check with notation “DAIF”. the offer is made in the name of the prosecution. All that is important is that the Offer contain the Exhibit Number. 404 This is a common mistake for any legal document submitted by a private prosecutor. Exhibit A. a description of the Exhibit and the Purpose of Offer. Exhibit B-1.00) which. the post-dated check dated 30 June 1999. It is important to remember that the private prosecutor has no personality to do anything in a criminal case as Page 38 of 63 . and Exhibit A-1. the amount stated. [ELLIOT NESS Public Prosecutor ATTICUS FINCH Private Prosecutor]104 202 Variably and acceptably denominated by others as “Formal Offer of Documentary Exhibits”. 000011 versus RECY DIVIST. the reason for dishonor and the identity of the issuer.x FORMAL OFFER OF EVIDENCE102 THE PROSECUTION. 303 If the question calls for an Offer of Evidence by the Accused/Defense.000. Exhibit B. Plaintiff. the Offer of Evidence is made in table or column form such that it would be easier for the Court to see the Exhibit No.000. his signature–to prove that on the date and time stated in the affidavit. issued by the accused in the amount of One Million Pesos (P1. Accused. Exhibit B-2. was dishonored for lack of insufficient funds.00). 1 OFFER OF EVIDENCE AND OPPOSITION/COMMENT TO OFFER A.000. this would not be practicable nor practical. Quezon City. thus. Criminal Case No. on presentment for payment. please note that this applies to criminal and civil cases.

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

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

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

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

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

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

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

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

incurable and has antecedents. however. Petitioner also prays that. 2002. thus -[1] Declaring the marriage between petitioner and respondent a nullity and. Petitioner submits that. or if there are several of them. (COUNSEL) (Verification and Certification against Forum Shopping) 616 Under the Rule on Provisional Orders. save for exceptional circumstances which do not exist in this case. Petitioner cannot. thus. the earning capacity of the parent and the amount needed for support must be alleged. The common property of petitioner and respondent is insufficient for the support of the children. § 4. 2001. with express acknowledgement of respondent’s visitation rights. 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). It must first be taken from the properties of the absolute community or the conjugal partnership. July ____. with visitation rights extended to respondent.20 Schizoid Personality Disorder with narcissistic features” which is described as “grave. 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. after trial. child support may also be sought. Quezon City. 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. especially the choice of the child. [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 assessment given by the psychologist of respondent’s psychological make-up is that he has a “301. judgment be rendered in her favor by declaring petitioner to be psychologically incapacitated to comply with the essential obligations of her marriage to respondent. on the other hand. child custody may be sought in a petition for declaration of nullity where the court considers the best interests of the child as paramount.116 10. Page 47 of 63 . by this token. All other just and equitable reliefs are also prayed for. children under seven (7) years of age shall not be separated from the mother. (2) to either parent taking into account all relevant considerations. Thus. under the law. (3) to the surviving grandparent. ordering the dissolutin of the conjugal partnership of gains. Respondent must.1 Partner Relational Problem and is said to have “Masochistic Personality Disorder” or “301.117 WHEREFORE. either parent or both may be ordered to give an amount necessary for support. subject to any adjustments that may be made based on changing earning capacity as well as needs.7. All of the children are minors and. 8. a copy of which is attached as ANNEX E. or (6) to any other person deemed by thecourt suitable to provide proper care and guidance. (5) to the actual custodian over 21 years of age unless unfit or disqualified. (4) to the eldest brother or sister over 21 years of age unless unfit or disqualified.9 Personality Disorder Not Otherwise Specified”.” The psychological make-up of petitioner and respondent is explained in greater detail in the Clinical Assessment Report (“Report”) dated December 28. despite the parties’ mutual psychological incapacity to remain married to each other. Their minor chidren are in petitioner’s custody and are being supported by her financially and emotionally. maintenance and education of the child in proportion to the resources or means of the givern and to the needs of the recipient. 9. 717 Under the Rule on Provisional Orders. be directed to give support to his children in the amount of (state amount). and [2] Awarding permanent custody of the children to petitioner. to the grandparent chosen by the child above seven years of age unless the grandparent chosen is unfit or disqualified. In the discretion of the court. the interests of the children are best served by having them remain in her custody. Petitioner’s psychological incapacity is described in clinical terms as being consistent with a V61. provisional custody may be awarded to the following based on the order of preference: (1) to both parents jointly.

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

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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

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

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

Page 53 of 63 .

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

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

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

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

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

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

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

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

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. 40 0 Rule 122. 1(a). 9. sec. 35 5 Rule 44. Rule 44. From RTC (as trial court) to CA139  15 days from notice of judgment or final order  Notice of Appeal  Appellant’s Brief/Memorandum  Appellee’s Brief/Memorandum III. 8. 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. IN CRIMINAL CASES -I. 37 7 Rule 44. 939 Rule 122. 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. 10. 3(c). section 13(h). 99-2-04. sec. sec. sec. see SC Administrative Memorandum No. secs. 838 Rule 122. 3(a). sec. note the almost identical content. 14. 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. Statement of the Facts  Statement of the Issues  Argument  Relief  Copy of judgment or final order appealed from134  Brief for Appellee135 (Same as supra. 1(b). sec. 636 Rule 44. Page 62 of 63 . this may be required in lieu of Briefs.

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

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