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

These amounts now total Nine Hundred Thousand Pesos (P900. Page 4 of 63 . was issued by the Baranggay Chairman.) C. HILFIGER [SUBSCRIBED AND SWORN TO before me this ___ day of ____________. and resident of 6750 Forbes Park. defendant borrowed certain amounts from plaintiff. 2.000. IN WITNESS WHEREOF.) N. respectfully states that: 1. Book No. 7 1978 Bar Question.K.]6 B. Resort to the Baranggay Conciliation process proved fruitless as defendant failed to appear. caused this Complaint to be prepared. do hereby state that: I am the Chief Executive Office of Alis Di-yan Company and in such capacity. Defendant promised to pay these amounts on an installment basis monthly. Thus. A copy each of plaintiff’s two (2) demand letters is attached as ANNEX A and B.00). both oral and written. where he may be served with summons and other processes. 3. C. of legal age. of legal age and resident of 6752. by counsel. despite notice on him to appear. Page No. ________________ issued on _____________ at ____________________. versus Civil Case No. I have signed this instrument on _____________. then there is no need for the affiant to produce a CTC nor for the entry into a Notarial Register. Plaintiff is a Filipino. Despite repeated demands. 4. defendant is also a Filipino. Plaintiff.K. affiant exhibiting before me his CTC No. Note that if the document is subscribed before a public officer duly authorized to take oaths. a copy of which is attached as ANNEX C. Series of 1999. No. Sometime in January 1996 and over a period of six (6) months. should I learn of such a case. I have read its contents and affirm that they are true and correct to the best of my own personal knowledge. 000882 For: Sum of Money MANGGA GANTSO. Makati City. a Certification to File Action. of legal age. (SGD. Forbes Park. which must be accompanied by an ACKNOWLEDGMENT. this accompanies any notarized document that is declaratory in nature. Hilfiger. 11112233/1/05/02/QC Doc. 6 The highlighted and bracketed portion is a JURAT. Makati City. COMPLAINT FOR SUM OF MONEY7 Republic of the Philippines Regional Trial Court National Capital Judicial Region Branch 101-Makati City ESTA PADORA.VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING I. thus. the italicized portion of the JURAT is dispensed with but not the oath itself.x COMPLAINT PLAINTIFF. I shall notify the court within five (5) days from my notice. 2002 PTR No. defendant failed or has refused to pay any amount to plaintiff as no installment payment has even been made. as opposed to a notarized document that transmits rights or property. x -------------------------.O. Defendant. 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. (SGD. TARIO Notary Public until December 31.

Civil Case No. Plaintiff is the general manager of Hurts Rent-A-Car with offices at Makati City. COMPLAINT FOR REPLEVIN9 Republic of the Philippines Regional Trial Court National Capital Judicial Region Branch 101-Makati City HURTS RENT-A-CAR. with legal interest. Defendant’s obligation is due and demandable and plaintiff is entitled to the payment of the entire amount of 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. WHEREFORE. temporarily residing at Bayview Hotel. On 15 March 1999. rented from plaintiff for a period of one (1) week. plaintiff respectfully prays for judgment in his favor through a Decision directing defendant to pay him NINE HUNDRED THOUSAND PESOS (P900.00).00) plus legal interest.000.00) as Attorney’s Fees. Roxas Boulevard. Hurts Rent-A-Car is the registered owner of a Honda CRV with license plate number TUV-675. Its present value is approximately Nine Hundred Thousand Pesos (P900.00).) ATTICUS FINCH Counsel for Plaintiff [Address] Add: Verification and Certification Against Forum Shopping C. Page 5 of 63 . Manila.000.]8 Other just and equitable reliefs are also prayed for. represented by AKIN NAYAN. on 3 March 1999. 2. (SGD. This is jurisdictional and a complaint that fails to comply with this requirement is fatally defective. respectfully states that: 1.00). which defendant. 3.000.000. Plaintiff. plaintiff demanded from defendant the return of the car but defendant failed and refused to do so. Quezon City for Makati. 5. 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. defendant is a Tongan. 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. 000088 versus YOKO NGA.000. The car has not been taken for a tax assessment or a fine pursuant to law nor has it been seized on execution or attachment.x COMPLAINT Plaintiff. By reason of defendant’s unreasonable failure or refusal to pay his due and demandable obligation. Plaintiff is ready. 9 1986 Bar Question.[5. 6. by counsel. as ACTUAL DAMAGES and FIFTY THOUSAND PESOS (P50. 4. Defendant. x----------------------------------. ______________.

5. 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. ANSWER WITH AFFIRMATIVE DEFENSE AND 00 1980 Bar Question. 6 August 2002.WHEREFORE. Cruz Street. ________________. 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. x ---------------------. Page 6 of 63 . judgment be rendered declaring plaintiff to be lawfully entitled to the possession of the car and sentencing defendant to pay its value.00).x COMPLAINT PLAINTIFF. 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. it is respectfully prayed that this Honorable Court fix a period of years for the lease between plaintiff and defendant.) ATTICUS FINCH Counsel for Plaintiff [Address] Add: Verification and Certification Against Forum Shopping FORM NO.00) to be paid within the first five (5) days of each month. Quezon City for Pasig City. Quezon City for Makati City. Plaintiff has been paying the rentals as they fall due each month. on 4 April 1999. There is no fixed period for the lease agreement except that rentals are to be paid by the month. (SGD. Plaintiff and Defendant are both Filipino citizens and of legal age. after hearing. Pasig City for a monthly rental of One Thousand Pesos (P1. 2.) MITCH MCDEERE Add: Verification and Certification of Non-Forum Shopping D. Civil Case No. 2. Considering that the period of lease has not been fixed.000. (SGD. 4. without fail. plaintiff resides at 1-A. defendant gave notice to plaintiff that he is terminating the lease agreement by the end of August 1999.000. WHEREFORE. Pasig City. where he may be served with summons. by counsel. On 1 January 1996. Plaintiff. 3. defendant leased to plaintiff the premises at 1-A Cruz Street. 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. Defendant. respectfully states that: 1. 00111 versus NAGPA PAUPA. Pasig City while defendant resides at 2 Frisco Street.

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

(SGD) MITCH MCDEERE Counsel for Defendant VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING15 I. Plaintiff has no capacity to sue as it is a foreign corporation doing business in the Philippines without a license. Affirmative Defenses 5. such as that contained in italics above. Moral Damages amounting to One Million Pesos (PHP1.00) because he was compelled to secure services of counsel to vindicate his legal rights. before its expiration.000. secs.1. repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that he is entitled to reliefs arising from the filing of this malicious and baseless suit.000. 8 (how to contest such documents). Also please note that an Answer need not be verified but if there is a specific denial of an actionable document. and (b) Fifty Thousand as Attorney’s Fees.. 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. among which is a counterclaim. Page 8 of 63 .2.1. section 5 of the 1997 Rules on Civil Procedure requires that any initiatory pleading. 4. WHEREFORE. 7 (definition of actionable document). superceded by a Deed of Absolute Sale whereby plaintiff sold to defendant the parcel of land in question. Quezon City. 3. Defendant reiterates. See again Rule 8. Counterclaim 6. must be accompanied by a Certification against Forum Shopping.2. 2. YOKO NGA. Other just and equitable reliefs are prayed for. a copy of which is attached as ANNEX 1. The Complaint fails to state a cause of action as the Contract of Lease (ANNEX A) was. Defendant reiterates. of legal age. as follows: 6. __________________. then the Answer must be verified. do hereby state that: I am the defendant in the case filed by Alis Di-yan Company for ejectment. Attorney’s Fees amounting to One Hundred Thousand Pesos (P100. 6. He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in the Affirmative Defenses below. 11 (effects of failure to specifically deny). I have caused the preparation of this Answer with Counterclaim. 10 (requirements of a specific denial). 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.Admissions/Denials 1. I have read its contents and affirm that they are true and correct to the best 55 Please note that Rule 7. 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.000/00) because his name and reputation were besmirched by this malicious and baseless suit. 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. in response. 5. repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that the Complaint should be dismissed because: 5.

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

30) with interest at twelve percent (12%) arising allegedly from unpaid orders delivered to defendant variously in 1989. Civil Case No.00) as attorney’s fees.3.000. Plaintiff seeks principally to recover the amount of Twenty Two Million Eight Hundred Eighteen Thousand Nine Hundred Forty Eight Pesos and Thirty Centavos (PHP22.00) for moral damages and Two Million Pesos (PHP2. Page 10 of 63 .948. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of openness from plaintiff. 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..818.1. Defendant also interposed a compulsory counterclaim for Two Million Pesos (PHP2. defendant is open to the possibility of amicably settling this dispute. 2. respectfully submits her Pre-Trial Brief. therefore. courts also do not require the submission of a pre-trial brief in criminal cases).1.2. first. x ------------------------------------.000. III. Plaintiff’s lack of personality to sue and. section 2 of the 1997 Rules of Civil Procedure. BRIEF STATEMENT OF CLAIMS AND DEFENSES 2.000.II. a schedule of payments.1.00) for exemplary damages and One Hundred Thousand Pesos (PHP100.2. as follows: I. defendant respectfully submits that the desired terms of any amicable settlement would involve. Extinguishment of the alleged claim made by the entity Regency Furniture.x PRE-TRIAL BRIEF18 DEFENDANT. non-suit or dismissal) appear to pertain exclusively to civil cases. Plaintiff. II. not being the real party in interest under Rule 3. 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. 97-31312 versus - LAKISA HIRAP.2.2. by counsel. 1.g. 99 This is a new requirement imposed by the 1997 Rules on Civil Procedure. Please note also that pre-trial is now mandatory in criminal cases under Rule 118. 2. Consequently. Defendant resists plaintiff’s claims based on a failure to state a cause of action because of : 2. second. 2. Defendant. 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. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT19 1. the requirement of a pre-trial brief and the consequences for failure to submit one (e.000. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure.000.2. SAMPLE/REPRESENTATIVE FORM: Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Quezon City~Branch 90 LAKISA LAYAW.

defendant does not intend to avail of discovery at this time.e. 4. 6. Considering the relatively simple issues presented. Defendant herself. 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. 5.1. who will testify on the true circumstances leading to the filing of this suit against her.. Defendant intends to present the following witnesses: 5. receipt of the demand letter dated January 5.1.2. Plaintiff’s bad faith in filing this suit.2. Defendant submits that the following issues put forward by plaintiff are subject to proof: 4. if necessary. ISSUES TO BE TRIED 4.2.2. IV. Defendant submits that the following issues she put forward are subject to proof: 4. 4.1. her personal circumstances.1. MA BOLA Counsel for Plaintiff Page 11 of 63 . i. RESPECTFULLY SUBMITTED. (SGD. Plaintiff’s entitlement to the amount claimed. EVIDENCE 5. 14 April 2002. An employee of Topless Enterprises with personal knowledge as to the true circumstances behind the alleged obligations due and owing in favor of plaintiff.1. 1997 and her reply to the demand letter. however.1.2.3.1. Quezon City. 4. Plaintiff’s personality to seek legal reliefs. V.1.1.2. Subject.1. Subject to a concrete proposal for stipulation of additional facts from plaintiff during pre-trial or even thereafter. VI. 3. Defendant’s entitlement to the claims made in her Compulsory Counterclaim as a result of plaintiff’s bad faith. defendant admits no other facts stated in the Complaint.2. defendant reserves the right to resort to discovery before trial.) MITCH MCDEERE Counsel for Defendant Copy furnished: ATTY.1. Defendant admits only those facts stated in her Answer. 5. RESORT TO DISCOVERY 6. to a concrete and reasonable request for discovery from plaintiff.2.2.

2 2 Rule 15. plaintiff has failed to reach the quotas agreed upon under the Marketing Agreement dated 1 January 1999. SAMPLE/REPRESENTATIVE FORMS: A. Rule 15. Other just and equitable reliefs are also prayed for. (SGD. plaintiff’s Complaint states no cause of action and must be dismissed. representing the balance of the proceeds due plaintiff under the said Marketing Agreement. Civil Case No. For this reason. section 4 (on period of service).) MITCH MCDEERE Counsel for Defendant REQUEST FOR & NOTICE OF HEARING24 00 Cf. The contract is for one (1) year and defendant is given that same period to reach the quota specified therein. section 13. Cf. MOTIONS20 I. CHECKLIST OF REQUIREMENTS: Grounds  Prayer/Relief  Notice of Hearing21  Proof of Service22  Attachments (if any)  Verification (in certain cases) II. 2. section 6 in relation to Rule 13.000. Quezon City. respectfully moves to dismiss the Complaint on the ground that the Complaint fails to state a cause of action as THE OBLIGATION SOUGHT TO BE ENFORCED BY PLAINTIFF IS NOT YET DUE AND DEMANDABLE. defendant respectfully prays that the Complaint be DISMISSED for failure to state a cause of action. x --------------------------------------. Quezon City LAKI ASSET COMPANY. (Date). 3333 versus For : Sum of Money DAMI UTANG CORPORATION.x MOTION TO DISMISS DEFENDANT. 1997 Rules on Civil Procedure. as shown by the following: 1. Plaintiff. Defendant. section 5. MOTION TO DISMISS (with REQUEST FOR AND NOTICE OF HEARING)23 Regional Trial Court National Capital Judicial Region METROPOLITAN TRIAL COURT Branch 39. by counsel. 11 Rule 15. 4 4 Please take note that the Notice of Hearing is actually both a REQUEST and a NOTICE. defendant now seeks to collect the sum of TWO HUNDRED THOUSAND PESOS (P200. Allegedly. Rule 15.FORM NO. the period of one (1) year has not expired. Consequently. a REQUEST for the Branch Clerk of Court to include the motion in the calendar for hearing on a specific Page 12 of 63 . WHEREFORE. 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.00). 4. 33 1988 Bar Question.

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

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

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

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

MOTION TO DECLARE DEFENDANT IN DEFAULT ANAKIN SKYWALKER. Despite the lapse of time. defendant loses the right to receive any other notices except for judgment in default. Plaintiff filed this Complaint against defendant on 1 March 1999. summons were served on defendant on 20 March 1999. Page 17 of 63 . (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. 000909 versus PADME AMIDALA. 1 August 1999. 7 April 1999.1999. Quezon City. This motion is not intended for delay but is motivated only by the foregoing reason. thereafter. x ---------------------------------. Plaintiff. 3. defendant has failed to answer the Complaint against her. 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. WHEREFORE. plaintiff respectfully prays that he be granted an additional fifteen (15) days from 10 August 1999. no motion for extension of such period was filed nor was any granted motu propio by this Honorable Court. within which to submit plaintiff’s Reply. as indicated by the Sheriff’s Return of even date. WHEREFORE. MITCH MCDEERE Counsel for Plaintiff REQUEST FOR AND NOTICE OF HEARING G. Civil Case No. by counsel. within which to submit plaintiff’s Reply. or until 25 August 1999. Defendant. a copy of which is attached as ANNEX A. respectfully states that: 1. Defendant’s reglementary period to file Answer ended on 5 April 1999.x MOTION TO DECLARE DEFENDANT IN DEFAULT PLAINTIFF. plaintiff is entitled to a declaration of default and the right to present evidence ex parte against defendant. 2. Quezon City.

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

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

and that after due notice and hearing.) 5. respectfully states that: 1. Quezon City. state the date on which copy of Decision was received and/or Resolution on Motion for Reconsideration. nor any plain or adequate speedy remedy in the ordinary course of law. (If applicable.) 3. status and residence. legal right. respectfully states that: 1. MANDAMUS (Caption and title) PETITION PETITIONER. by counsel. 11 To the standard “Verification and Certification Against Forum Shopping”. (State entitlement to Injunction and/or TRO.. except this petition.) 4. [c] and that. by counsel. (State the capacity of petitioner and respondent/s and their addresses. or in excess of. trust or station.) 2. unless restrained. 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 the facts and circumstances whereby respondent/s unlawfully neglected the performance of an act which the law specifically enjoins as a duty resulting from an office. Petitioner has no appeal from such decision. CERTIFICATION AGAINST FORUM SHOPPING AND VERIFIED STATEMENT OF MATERIAL DATES41 C. [b] which is threatened by an act or omission of respondents. denied. jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction. (State capacity of petitioner and respondent/s. 6. a writ of prohibition issue directing respondent/s to desist absolute and perpetually from further proceedings (in the said action or matter).) 3. will cause grave and irreparable injury to petitioner. Page 20 of 63 . There is no appeal from such decision. except this petition.) 2. WHEREFORE. Allege also that petitioner is ready to post a bond in an amount to be fixed by the Court conditioned upon the payment to respondents of any damages suffered arising from the writ should petitioner be found not to be entitled to the writ. (State briefly the facts and circumstances under which the respondent/s whether exercising judicial or ministerial functions acted without. or unlawfully excluded the petitioner from the enjoyment of a right or office to which the petitioner is entitled.B. PROHIBITION (Caption and Title) PETITION PETITIONER. _________________ (SGD. citizenship. i. nor any plain or adequate speedy remedy in the ordinary course of law. [a] petitioner has a clear. if filed. ADD the date when the Decision or Judgment was received pursuant to the requirements under the Rules of Court.e. A certified true copy (or duplicate original copy) of the Decision under review is attached as ANNEX A.) COUNSEL VERIFICATION.

will.49  Material Allegations of Ultimate Facts  Quo Warranto . will. who must claim no interest or has an interest not disputed by claimants. Rule 66. section 5.facts showing usurpation of office and facts showing entitlement of petitioner to the office. before breach thereof.Petitioner. when directed by President or motu propio. will. with costs against them. Rule 66. after due notice and hearing. Rule 62. it is respectfully prayed that.WHEREFORE. section 1. contract or other writing.facts showing interest under a deed. CHECKLIST OF REQUIREMENTS:  Parties  Quo Warranto . and who stands to suffer injury by operation of the said deed.Any person interested under a deed.48  Declaratory Reliefs .(a) Solicitor General. contract or other written instrument and injury arising from operation of said deed. section 6. Rule 66.45 Person claiming to be entitled to public office or position usurped or unlawfully held or exercised by another. contract or other writing and facts showing that no violation or breach has 22 33 44 55 66 77 88 99 00 11 Rule 66.50  Interpleader . section 2.) COUNSEL VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING B.51  Declaratory Relief . and claimants over the same subject matter.42 Interpleader.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.47  Interpleader . Rule 62. section 6. Rule 63. contract or other writing. will. Rule 62. ________________ (SGD.43 Quieting of Title and Declaratory Relief44 I. Page 21 of 63 . a writ of mandamus issue commanding respondent/s forthwith to: (state the act required to be done). Rule 63. Rule 66. sections 1 and 2. section 1. Quo Warranto. may bring action in his own name46 against the alleged usurping public officer. Quezon City.

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

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

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

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

looking for him. For this reason. Page 26 of 63 . Ingay cannot be allowed to simply go scot-free without bearing the consequences of his acts. No. I recently learned that I have been made a respondent in I. There is no factual nor legal basis to charge me with estafa.s. I informed her that he was not around. 4.000. The Complaint must be dismissed. The charge is based on a supposedly unpaid account for the purchase of seven (7) Nextel phone units by a Mr.000. Sometime last year.00) in exemplary damages. I informed her that both the Mayor and I had our units already. COUNTER-AFFIDAVIT Republic of the Philippines The City of Makati ) ) s. 3.000. she then told me if the Mayor could refer her to prospective clients. reputation and character are incapable of pecuniary estimation as these are the result of a lifetime’s effort to build a name.S. a charge for estafa. COUNTER-AFFIDAVIT Re : I. sec. Five Hundred Thousand Pesos (P500. 1613. 1613 I. Investigating Prosecutor CERTIFICATION I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIED THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT. and have been occupying said post since his election to the post in 1998. Gulang called the office of the Mayor. reputation and character before my neighbors and peers. 2. Ms. do hereby state under oath that: 1. I set forth the true circumstances leading to the transaction below: 4. I am also holding Mr. Mr. MANGGA GANTSO of the Quezon City Rescue and Environmental Distress Unit. 3(a). of legal age. No. filed by a certain MA GULANG on 19 January 2000 before the Office of the City Prosecutor for Quezon City. which made the Mayor their Honorary Chairman with no direct functions. In said capacity. There is no truth to the allegations in MA GULANG’s complaint. reputation and character that my children and their children can be proud to bear. Mr. I am the Chief of Staff of the Mayor of Quezon City. Investigating Prosecutor59 B. When the Mayor arrived.S. I am in charge of coordinating the day-to-day affairs and activities of his Office. 6. TO THE TRUTH OF THE FOREGOING. Ma Ingay liable civilly for defaming me in the amount of One Million Pesos (P1.00) in moral damages and Five Hundred Thousand Pesos (P500. 2000 Rules on Criminal Procedure. he has been supporting their activities financially with voluntary contributions.1.00) in nominal damages.very person before my peers and fellow homeowners. To rebut and contradict MA GULANG’s malicious lies. I relayed the message to him. 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. MA LABO. While my name. Ingay’s remarks have injured my name. I have signed this Complaint-Affidavit on __ December 1998. MA SELAN Complainant-Affiant SUBSCRIBED AND SWORN TO BEFORE ME this ___ day of December 1998. 99 Rule 112.

4. Mr. Somewhat embarrassed by this. 5. Gulang were able to meet. I set up an appointment for Mr. he assured me that he would pay her but that he just needed to collect money from the rest of the group. 6. Gantso to meet with her at the Office. Gantso had yet to pay. TO THE TRUTH OF THE FOREGOING. Gantso inside the Mayor’s office. Ms. They transacted business inside the Mayor’s Office and only passed by my office on their way out. she met with Mr. Some time after that. Thereafter. I have signed this Statement on 3 February 2000. For this reason. Gulang brought the units to the Mayor’s Office. I would still get calls from Ms.6. Gantso had not yet paid. as a result. Gulang to Mr. I would still receive phone calls telling me that Mr. 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. After persistent calls from Ms.2.4. Gantso had not paid her the amount of P11.000. Gulang. On that day. Gulang telling me that Mr. The Complaint against me should. I performed NO ACT that even remotely resembles ANY of the acts punished under Article 315. Gulang. it is certainly incomprehensible that I should stand accused of estafa by Ms. 7. If at all. The Mayor asked me to call Ms. Gulang.00 for the units.4. Considering the foregoing. not to me. 4. Gulang would hold me liable for estafa when all that I did was to refer Ms. Gulang phoned me and told me that Mr. Gantso had called the Mayor asking if he could assist in securing Nextel units. Gulang. I would follow up with Mr. Quite coincidentally. be dismissed. (SGD) MA LABO (*) Verification (**) Certification Page 27 of 63 . 4. I called Mr. 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. 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. Gantso but he simply gave me this promise that he would pay. Gantso. to a certain extent. Gantso and Ms. I performed no act of deceit or fraud against her in ordering the units. Gulang does not even allege and cannot prove). and when she started to get angry over the telephone. Gantso and told him to pay Ms.3. any civil liability should pertain to the Office of the Mayor. I gave her the telephone number of Gantso so that she could just call him directly. I even exerted my best efforts to see that Ms. It is utterly inexplicable that Ms.5. thus. 4. Mr. But even then. Ms.

2000 Rules on Criminal Procedure. 2000 Rules on Criminal Procedure. 11 See Rule 110. 2000 Rules on Criminal Procedure. 2000 Rules on Criminal Procedure. 00 Id. Page 28 of 63 . 22 See Rule 110. CHECKLIST OF REQUIREMENTS:  Parties  Name of offended party61  Name of accused62  Designation of offense by statute63  Acts or omissions complained of as constituting the offense including a statement of the qualifying or aggravating circumstances64  Approximate time of the commission of the offense65  Place of commission66  Signature of Prosecutor (for Information)67  Signature of Offended Party. section 11. 4 4 See Rule 110. 2000 Rules on Criminal Procedure. ADD:  Place where accused is actually detained69  Full name and address of evidence custodian70  Detailed description of recovered items.. 9 9 See DOJ Circular No. 4. 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). 1993. 2: INFORMATION AND COMPLAINT60 I. 2000 Rules on Criminal Procedure. 33 See Rule 110. 1 1 Id. sections 3. section 3. 66 See Rule 110. 88 See Rule 110. 61 (September 21. 3 3 See Rule 112. 1993. “New Rules on Inquest”). if any71  Verification72  Certification of Preliminary Investigation73 or Inquest74 00 Rule 110. 44 See DOJ Circular No. section 13. section 6-13.. 2 2 See Rule 110. section 12. section 8. 2000 Rules on Criminal Procedure. 2000 Rules on Criminal Procedure. 2000 Rules on Criminal Procedure. 2000 Rules on Criminal Procedure. section 7. 2000 Rules on Criminal Procedure. 7 7 See Rule 110. 61 (September 21. 55 See Rule 110. section 10.FORM NO. a significant amendment to the 2000 Rules requires the Information now to contain a statement of the qualifying or aggravating circumstances. “New Rules on Inquest”). section 14. section 4. section 9. section 4.

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

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

x --------------------------------------------. ELLIOT NESS Assistant City Prosecutor CERTIFICATION OF PRELIMINARY INVESTIGATION OR INQUEST Page 31 of 63 . directly aim the same firearm at the person of VIC TIMA. use of firearm and disregard of age. raised her skirt. in Quezon City. 00567 For : Frustrated Murder MAMA MATAY. the accused seized her from behind.lunch.x INFORMATION The undersigned accuses MAMA MATAY of frustrated murder committed as follows: That on or about 21 August 1996. at point blank range. inflicting on said Vic Tima two (2) wounds on his chest and stomach. discharge the firearm twice against the person of said Vic Tima. 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. CONTRARY TO LAW with the aggravating circumstances of Evident Premeditation. and. Accused. Plaintiff. an invalid septuagenarian. the accused did then and there take a loaded . which wounds would have been fatal had not timely medical assistance been rendered to the said Vic Tima.44 Caliber Magnum pistol. CONTRARY TO LAW with the aggravating circumstance of dwelling. with intent to kill. versus Criminal Case No. 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. threw her to the floor.

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

Accused. 66 Rule 126. 2000 Rules on Criminal Procedure. 77 Rule 126.. 2000 Rules on Criminal Procedure. by counsel. Rule 126. If no resolution has yet been made by the Search Warrant Court by the time an Information is filed.88  No probable cause. Plaintiff. 1 (order in writing in the name of the People. (1987). Quezon City. SAMPLE/REPRESENTATIVE FORM: (Caption) PEOPLE OF THE PHILIPPINES. 2000 Rules on Criminal Procedure.87  No personal determination of probable cause by Judge. sec. 99 Const. sec.89  Relief  Date  Signature of counsel  Notice of Hearing  Affidavit of service II.85  Served beyond period. 2000 Rules on Criminal Procedure. (SGD) MITCH MCDEERE Counsel for the Accused REQUEST FOR AND NOTICE OF HEARING B. versus VIG CHAN. commanding him to search for personal property described therein and bring it to the court) and sec. art. 8 8 Id. sec. _______________. x ---------------------------------------------. 6 in relation to sec. it is respectfully prayed that the Information against the accused be QUASHED and that the accused be released immediately from detention. sec. 4 (particular description of the place to be searched and the things to be seized). 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. sec. respectfully moves for the quashal of Search Warrant No. 2. although it has been used widely in practice and even acknowledged by the Supreme Court in case law.WHEREFORE. 14. it may be filed with the court that issued the search warrant. signed by a judge and directed to a peace officer.x MOTION TO QUASH SEARCH WARRANT The ACCUSED. CHECKLIST OF REQUIREMENTS:  Caption and Title  Distinct Specification of Factual and Legal Grounds for Quashal  Failure to comply with form prescribed by law. this is a new pleading expressly recognized for the first time in the Rules. 4. 1122 issued by this Honorable Court on and dated 12 July 2000 based on the following considerations: 44 Rule 126. Motion to Quash Search Warrant84 I. 00022 For: Libel . 10. sec. then the trial court shall resolve the Motion to Quash.86  More than one offense. 55 Rule 126. 4. Page 33 of 63 Criminal Case No. III.

sec. 3. 23 July 2000. sec. sec. sec. it is respectfully prayed that Search Warrant No. see note 84. 4. 2000 Rules on Criminal Procedure. art. Page 34 of 63 . 301 SCRA 668 (1999).98  Relief  Date  Signature of counsel  Notice of Hearing  Affidavit of service II. 1122 is dated 12 July 2000. Motion to Suppress Evidence91 I. 00 See Form No. WHEREFORE. 7 7 Rule 126. 24. the 11th day from its date. 33 Rule 126. 10. 55 Rule 126. Rule 126. 2 2 Rule 126. CHECKLIST OF REQUIREMENTS:  Caption and Title  Distinct Specification of Factual and Legal Grounds for Suppression  Search without witnesses.94  No receipt. be quashed. (1987).93  More than one offense. this is certified to by the Sworn Inventory and Return executed by Major Alang Alam.95  No Inventory. the Search Warrant is void and must. 2 in relation to sec. sec. sec. A search was made on the same day. 14. 2000 Rules on Criminal Procedure. certain objects were seized and delivered to the court. III. Under the law. 66 Rule 126. (SGD. supra. footnote no. 10 provides expressly that a search warrant shall be valid for ten (10) days from its date and that thereafter. section 3(2) in relation to section 2. 2000 Rules on Criminal Procedure. 4. 88 See People v. Rule 126. the leader of the searching team (a copy of which is already part of the records). Search Warrant No. supra. 2000 Rules on Criminal Procedure. 11. it shall be void. sec. It was served on the accused on 23 July 2000.96  Property not subject of seizure.97  Not evidence in plain view. 25 July 2001. 1122 be QUASHED and all objects seized under its purported authority be declared INADMISSIBLE under the exclusionary rule in Article III. 12. Quezon City. 2000 Rules on Criminal Procedure. Doria. SAMPLE/REPRESENTATIVE FORM: Republic of the Philippines Regional Trial Court National Capital Judicial Region Branch 104-Quezon City PEOPLE OF THE PHILIPPINES. 2.) MA TAPANG Counsel for Accused Request for and Notice of Hearing90 C. Plaintiff. 4 4 Const. sec. 11 Rule 126. pursuant to said search. 3(2).1. sec. thus. 8. 2000 Rules on Criminal Procedure.92  Served beyond period. 2000 Rules on Criminal Procedure.

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

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

consequently. just and reasonable in the sound discretion of this Honorable Court. x ---------------------------------------------.2. 968. 968. accused-applicant respectfully prays that her application for probation be GRANTED and that she be placed under probation under such terms and conditions necessary to attain and ensure the objectives of the law and which. (SGD) ATTICUS FINCH 101 See PD 968. 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. the accused respectfully submits the following: 1. Accused-applicant humbly submits that she possesses all the qualifications and none of the disqualifications enumerated under section 2 of Presidential Decree No. has not filed any Notice of Appeal from the Order of conviction. On ________. she pleaded “guilty” to the offense charged herein. She has not started to serve her sentence and. Quezon City for Pasig City. 2. are fair.4. as amended. 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. as amended. specifically: 2. She has not previously applied for nor had been previously placed under probation under Presidential Decree No. to date. under the circumstances. She has not been convicted of any crime against national security or public order. Page 37 of 63 . respectfully applies for probation pursuant to the provisions of Presidential Decree No. 968. accused-applicant will commit another crime. 114878 versus RECY DIVIST. WHEREFORE. 12 March 1999. by counsel.1. 2.00). Plaintiff. Accused. 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. Accused-applicant is of legal age and currently gainfully employed at ASN Broadcasting Corporation located at Timog Avenue.     All the requirements as in ordinary motions Grounds for Probation101 Relief Verification by applicant Notice of Hearing II. SAMPLE/REPRESENTATIVE FORM: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT PASIG-BRANCH 69 PEOPLE OF THE PHILIPPINES. Quezon City. 2.3.x APPLICATION FOR PROBATION THE ACCUSED. In support of this application. Criminal Case No. 3 Finally. Moreover. 2. accused-applicant does not need any correctional treatment requiring commitment to an institution.

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

Exhibit A. his signature are INADMISSIBLE because the private complainant was never presented to authenticate the document or subjected to cross-examination. the private complainant. Thus. 000011 versus RECY DIVIST.00). the dorsal side of the check with notation “DAIF”. 2.000. versus Criminal Case No. 505 Please note that the purpose of the offer is never objected to. thus.000. MITCH MCDEERE Copy furnished: ELLIOT NESS Public Prosecutor ATTICUS FINCH Private Prosecutor FORM NO. respectfully oppose the Prosecution’s Offer of Evidence for the following reasons: 1. Accused. _________________. and Exhibit A-1.105 Quezon City. Plaintiff. Note that it would also be acceptable to have the Offer that is prepared by a private prosecutor signed by the publicprosecutor to show his conformity thereto. the post-dated check dated 30 June 1999. everything is under the control and direction of the public prosecutor. CRIMINAL CASES PEOPLE OF THE PHILIPPINES. 007 For: Violation of PD 1866 ANAKIN SKYWALKER. Plaintiff. thus.x COMMENT ON THE PROSECUTION’S FORMAL OFFER OF EVIDENCE THE ACCUSED. the ACCUSED respectfully submits that the Prosecution’s Exhibits are INADMISSIBLE and must. Exhibit B-2. ACCORDINGLY. the document is hearsay and inadmissible. every legal document must be signed by both the public prosecutor and the private prosecutor. The purpose of offer goes to weight of the document (unless of course. Criminal Case No. Any objections to purpose should be made in the Memorandum and an appropriate reservation to do so may be stated in the Comment. then purpose may properly be objected to as relevance also determines admissiblity). Exhibit B. and no basis for the presentation of secondary evidence laid. DEMURRER TO THE EVIDENCE A. by counsel. x -----------------------------------------. 2. Exhibit B-1. the objection is relevance. rather it is admissibility of the documenmt. the sworn statement of ‘Alang Kaso. 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. Page 39 of 63 . COMMENT/OPPOSITION TO OFFER PEOPLE OF THE PHILIPPINES. issued by the accused in the amount of One Million Pesos (P1.Copy furnished: MITCH MCDEERE Counsel for Accused B. be EXCLUDED.

Plaintiff. x ---------------------------------------. this means that the prosecution must prove that the accused had no legal authority to possess any firearm. CIVIL CASES ANAKIN SKYWALKER. 3. The proof of the negative element is indispensable to proof of a violation of PD 1866. the accused respectfully prays that the Information against him be DISMISSED and that he be ACQUITTED of the crime charged. See Form No. It is only in the event that the prosecution. the crime is not proven. that the burden of proof shifts to the accused.e. x ---------------------------------. Under the Constitution.Accused. Without proof of this negative element. the pleading desired to be admitted must already be attached. i. absence of a license. he must. The accused is charged with violation of PD 1866.2. 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.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. Quezon City. See Form No. the defendant loses the right to adduce evidence. be acquitted. 000909 versus PADME AMIDALA. Civil Case No. 1 June 1999. 4. by counsel.. has adduced sufficient evidence of guilt. Thus. The prosecution has failed to adduce sufficient evidence of guilt such as would shift the burden of proof. The prosecution has failed to show that the accused had no license to carry a firearm.x DEMURRER TO THE EVIDENCE DEFENDANT. WHEREFORE. by counsel. 2. 4 . Defendant. thus.1. The accused is innocent.x DEMURRER TO THE PROSECUTION’S EVIDENCE THE ACCUSED. with leave of court previously sought and granted. after resting its case. A civil demurrer may be filed with or without leave of court but if the demurrer is granted and later reversed on appeal. with leave of court previously obtained. a Motion for Leave of Court to File Demurrer must already have the Demurrer attached. the gravamen of the offense is unauthorized possession of a firearm. the offense is not proven. the prosecution must rely on the strength of its evidence and not wait for the accused to offer any defense. Thus. Concretely. 2. 2. 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.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. Absent proof of the negative element. the accused is presumed to be innocent until proven guilty. DARTH SIDIOUS Counsel for the Accused REQUEST FOR AND NOTICE OF HEARING B. Page 40 of 63 .

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

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

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

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

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

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

children under seven (7) years of age shall not be separated from the mother. with visitation rights extended to respondent.116 10. save for exceptional circumstances which do not exist in this case. All of the children are minors and.9 Personality Disorder Not Otherwise Specified”. Petitioner submits that. ordering the dissolutin of the conjugal partnership of gains. on the other hand. (2) to either parent taking into account all relevant considerations. (5) to the actual custodian over 21 years of age unless unfit or disqualified. Petitioner’s psychological incapacity is described in clinical terms as being consistent with a V61. (COUNSEL) (Verification and Certification against Forum Shopping) 616 Under the Rule on Provisional Orders. with express acknowledgement of respondent’s visitation rights. 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. Quezon City. be directed to give support to his children in the amount of (state amount). [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. July ____. provisional custody may be awarded to the following based on the order of preference: (1) to both parents jointly. thus. Their minor chidren are in petitioner’s custody and are being supported by her financially and emotionally. however. incurable and has antecedents. the interests of the children are best served by having them remain in her custody. under the law. 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. to the grandparent chosen by the child above seven years of age unless the grandparent chosen is unfit or disqualified. thus -[1] Declaring the marriage between petitioner and respondent a nullity and. (3) to the surviving grandparent. judgment be rendered in her favor by declaring petitioner to be psychologically incapacitated to comply with the essential obligations of her marriage to respondent. 8.117 WHEREFORE. Petitioner also prays that.20 Schizoid Personality Disorder with narcissistic features” which is described as “grave.” The psychological make-up of petitioner and respondent is explained in greater detail in the Clinical Assessment Report (“Report”) dated December 28. or (6) to any other person deemed by thecourt suitable to provide proper care and guidance. 717 Under the Rule on Provisional Orders. 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). The common property of petitioner and respondent is insufficient for the support of the children. Respondent must. subject to any adjustments that may be made based on changing earning capacity as well as needs. Petitioner cannot. despite the parties’ mutual psychological incapacity to remain married to each other. after trial.1 Partner Relational Problem and is said to have “Masochistic Personality Disorder” or “301. or if there are several of them. 9. Page 47 of 63 . by this token. All other just and equitable reliefs are also prayed for. 2001. 2002. It must first be taken from the properties of the absolute community or the conjugal partnership. (4) to the eldest brother or sister over 21 years of age unless unfit or disqualified. § 4. In the discretion of the court. child support may also be sought.7. especially the choice of the child. child custody may be sought in a petition for declaration of nullity where the court considers the best interests of the child as paramount. Thus. and [2] Awarding permanent custody of the children to petitioner. the assessment given by the psychologist of respondent’s psychological make-up is that he has a “301. either parent or both may be ordered to give an amount necessary for support. the earning capacity of the parent and the amount needed for support must be alleged. a copy of which is attached as ANNEX E. maintenance and education of the child in proportion to the resources or means of the givern and to the needs of the recipient.

FORM NO. 4. PETITION FOR PROBATE OF A HOLOGRAPHIC WILL118
Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region San Juan-Branch 300 RE : PROBATE OF THE HOLOGRAPHIC WILL OF PABLING SIA., SP PROC. No. 0023 PALING KERA, Petitioner, x ------------------------------------ x PETITION PETITIONER, by counsel, respectfully states that: 1. Petitioner is a Filipino citizen and the widow of the deceased. 2. On __________, PABLING SIA. died; having previously executed a holographic will in his own handwriting and in a language known to him. A copy of the will is attached as ANNEX A. The handwriting may be attested to as his by his secretary of long standing, TOM CRUZ. 2. The deceased left a house and lot located at No. 555, Tuna Road, Marinara Subdivision, Quezon City and cash amounting to Fifty Thousand Pesos (P50,000); he had no debts. 3. The deceased’s only heirs are herein petitioner and their son, PABLING SIA JR., both of whom are residing at No. 555, Tuna Road, Marinara Subdivision, Quezon City. WHEREFORE, it is respectfully prayed that after due notice and publication this Honorable Court fix the date for the probate of the holographic will and that letters of administration be issued in favor of the herein petitioner and thereafter adjudicate the properties of the deceased in accordance with the said holographic will. Quezon City; (date) (SGD) MITCH MCDEERE Verification and Certification against Forum Shopping

818

1988 Bar Question; Page 48 of 63

RT FIVE: DEEDS, CONTRACTS AND OTHER CORPORATE LEGAL DOCUMENTS

FORM NO. 1. SPECIAL POWER OF ATTORNEY119
SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: I, OBI WAN KENOBI, of legal age, and resident of Tatooine, do hereby name, constitute and appoint PADME AMIDALA, of legal age, and resident of Naboo, to be my true and lawful Attorney-in-Fact and in my name, place and stead, do perform the following specific act(s): (Specify the particular act/s to be performed) Giving and granting unto said attorney-in-fact power and authority to do every act necessary and required in connection with these presents, and hereby ratifying and confirming all that she may do by virtue of these presents. IN WITNESS WHEREOF, I have signed this Special Power of Attorney this (date) and at (place). OBI WAN KENOBI Principal SIGNED IN THE PRESENCE OF: R2D2 C3PO Acknowledgment

FORM NO. 2. GENERAL POWER OF ATTORNEY
GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: I, OBI WAN KENOBI, of legal age, and resident of Tatooine, do hereby name, constitute and appoint PADME AMIDALA to be my true and lawful attorney-in-fact, for me and in my name, place and stead, to do and perform the following acts, to wit:(Specify general acts that Attorney-in-Fact may do) Giving and granting unto my said Attorney-in-Fact full power and authority necessary and required to carry out the acts as fully to all intents and purposes as I might do or lawfully do if personally present, with power of substitution and revocation, and hereby ratifying and confirming all that my said attorney-in-fact or his substitute shall lawfully do or cause to be done under and by virtue of these presents. IN WITNESS WHEREOF, I have signed this instrument on (date) at (place). OBI WAN KENOBI Principal SIGNED IN THE PRESENCE OF: R2D2 C3PO Acknowledgment
919 1986 Bar Question; Page 49 of 63

FORM NO. 3. CONTRACT OF LEASE120
CONTRACT OF LEASE KNOW ALL MEN BY THESE PRESENTS: This Agreement made and entered into at Makati this 9th day of August 1999 by and between DAMI BAHAY, of legal age, married to ASA WA, (LESSOR) and resident of Makati City, and ALANG BAHAY, of legal age, single and resident of Quezon City (LESSEE), WITNESSETH that: 1. In consideration of a monthly rental of FIVE THOUSAND PESOS (P5,000.00) and the covenants made below, the LESSOR hereby LEASES to the LESSEE an apartment located at 199 San Antonio Village, Makati City covered by Tax Declaration No. 001 (Makati City Assessor’s Office) for a period of TWELVE (12) MONTHS from signing of this contract. 2. The LESSEE covenants, as follows: 2.1.To pay the rentals on or before the fifth day of each month, without need of demand at the residence of LESSOR; 2.2. To keep the premises in good and habitable condition, making the necessary repairs and painting inside and outside the house; 2.3. Not to make major alterations and improvements without the written consent of the LESSOR and in the event of such unauthorized major alterations and improvements, surrendering ownership over such improvements and alterations to the LESSOR upon expiration of this lease; IN WITNESS WHEREOF, the parties have signed this contract on the date and the place first mentioned. DAMI BAHAY ALANG BAHAY Lessor Lessee With my consent: ASA WA Acknowledgment BEFORE ME, a Notary Public for Makati City, personally appeared on 9th August 1999, the following persons, with their respective CTC details indicated below: DAMI BAHAY ALANG BAHAY CTC No. ____________ issued at/on CTC No. ____________ issued at/on

known to me to be the same persons who executed the foregoing instrument, denominated as a Contract of Lease consisting of __ pages, signed on each and every page by the parties and their instrumental witnesses, having acknowledged the same before me as their own free and voluntary act and deed. TO THE TRUTH OF THE FOREGOING, witness now my hand and seal on the date and place mentioned above. N.O. TARIO Until December 31, 1999 PTR No. 0000111/1/05/99:Makati City Doc. No. Page No. Book No. Series of 1999;

020

1987 Bar Question; Page 50 of 63

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

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

Page 53 of 63 .

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

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

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

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

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

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

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

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

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

4. 43. 4. 122.[2] PETITIONS FOR REVIEW141 I. 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. Page 63 of 63 . section 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. See also Rule 122. Rule 42. sec. sec. 2. Rule 42. From RTC (on pure questions of law)146 or CA (in appellate jurisdiction) to SC147  15 days from notice of judgment or final order  extension of 30 days148  Names of petitioner and respondent (without impleading the lower court/judge/justice)  Statement of Material Dates  Material Allegations. Rule 13. sec. Rule 13. Rule 45. 1(b). 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. Rule 45. Rule 43. sec. 45. sec. section 13. 1. Rule 43.

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