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

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

00). respectfully states that: 1. Plaintiff is ready. Defendant’s obligation is due and demandable and plaintiff is entitled to the payment of the entire amount of Nine Hundred Thousand Pesos (P900. ______________. (SGD. 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. Defendant. By reason of defendant’s unreasonable failure or refusal to pay his due and demandable obligation. temporarily residing at Bayview Hotel. 5.00) as Attorney’s Fees. 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. on 3 March 1999.]8 Other just and equitable reliefs are also prayed for. 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.000. Its present value is approximately Nine Hundred Thousand Pesos (P900. 6. COMPLAINT FOR REPLEVIN9 Republic of the Philippines Regional Trial Court National Capital Judicial Region Branch 101-Makati City HURTS RENT-A-CAR. plaintiff demanded from defendant the return of the car but defendant failed and refused to do so. 9 1986 Bar Question. On 15 March 1999.000. 3. defendant is a Tongan. This is jurisdictional and a complaint that fails to comply with this requirement is fatally defective. 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. Plaintiff is the general manager of Hurts Rent-A-Car with offices at Makati City.[5. Roxas Boulevard.000.x COMPLAINT Plaintiff. rented from plaintiff for a period of one (1) week.00) plus legal interest. 4. Quezon City for Makati. WHEREFORE. x----------------------------------. 000088 versus YOKO NGA. plaintiff respectfully prays for judgment in his favor through a Decision directing defendant to pay him NINE HUNDRED THOUSAND PESOS (P900.00).000. Manila. 2.000. represented by AKIN NAYAN. Hurts Rent-A-Car is the registered owner of a Honda CRV with license plate number TUV-675. Civil Case No. as ACTUAL DAMAGES and FIFTY THOUSAND PESOS (P50. which defendant. by counsel. with legal interest.) ATTICUS FINCH Counsel for Plaintiff [Address] Add: Verification and Certification Against Forum Shopping C. Plaintiff. Page 5 of 63 .00).

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. (SGD. 6 August 2002.) 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. it is respectfully prayed that this Honorable Court fix a period of years for the lease between plaintiff and defendant.00). 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. Cruz Street. Plaintiff and Defendant are both Filipino citizens and of legal age. Civil Case No. Considering that the period of lease has not been fixed. On 1 January 1996.WHEREFORE. 3.000. by counsel. plaintiff resides at 1-A. (SGD. defendant gave notice to plaintiff that he is terminating the lease agreement by the end of August 1999. There is no fixed period for the lease agreement except that rentals are to be paid by the month. after hearing. Page 6 of 63 .x COMPLAINT PLAINTIFF. 2.000. defendant leased to plaintiff the premises at 1-A Cruz Street. Plaintiff has been paying the rentals as they fall due each month. where he may be served with summons. WHEREFORE. Pasig City. However. 00111 versus NAGPA PAUPA. respectfully states that: 1. 2. Defendant. ANSWER WITH AFFIRMATIVE DEFENSE AND 00 1980 Bar Question. 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. 5. ________________. x ---------------------. judgment be rendered declaring plaintiff to be lawfully entitled to the possession of the car and sentencing defendant to pay its value. Pasig City for a monthly rental of One Thousand Pesos (P1. 4. Quezon City for Pasig City. Quezon City for Makati City. on 4 April 1999. Pasig City while defendant resides at 2 Frisco Street. without fail.) MITCH MCDEERE Add: Verification and Certification of Non-Forum Shopping D. plaintiff respectfully prays that the writ of replevin issue directing the Sheriff or any other authorized officer to take possession of the car and dispose of it in accordance with the Rules of Court and. Plaintiff.

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

a copy of which is attached as ANNEX 1. Counterclaim 6. 3. before its expiration. 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. He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in the Affirmative Defenses below. section 5 of the 1997 Rules on Civil Procedure requires that any initiatory pleading. 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. in response.000. The Complaint fails to state a cause of action as the Contract of Lease (ANNEX A) was. 2. Affirmative Defenses 5.2. Plaintiff has no capacity to sue as it is a foreign corporation doing business in the Philippines without a license. do hereby state that: I am the defendant in the case filed by Alis Di-yan Company for ejectment. Quezon City. 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. secs. 10 (requirements of a specific denial). (SGD) MITCH MCDEERE Counsel for Defendant VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING15 I. of legal age. Also please note that an Answer need not be verified but if there is a specific denial of an actionable document. 5. among which is a counterclaim. I have read its contents and affirm that they are true and correct to the best 55 Please note that Rule 7.000. __________________. 11 (effects of failure to specifically deny). Moral Damages amounting to One Million Pesos (PHP1. See again Rule 8.1. then the Answer must be verified. as follows: 6. Other just and equitable reliefs are prayed for. 7 (definition of actionable document). I have caused the preparation of this Answer with Counterclaim.Admissions/Denials 1.000/00) because his name and reputation were besmirched by this malicious and baseless suit. Defendant reiterates. must be accompanied by a Certification against Forum Shopping. superceded by a Deed of Absolute Sale whereby plaintiff sold to defendant the parcel of land in question.2.1. 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. 8 (how to contest such documents). WHEREFORE. 4. 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. 6. Defendant reiterates. Attorney’s Fees amounting to One Hundred Thousand Pesos (P100. repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that the Complaint should be dismissed because: 5. YOKO NGA. Page 8 of 63 .. such as that contained in italics above.00) because he was compelled to secure services of counsel to vindicate his legal rights. and (b) Fifty Thousand as Attorney’s Fees.

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

Please note also that pre-trial is now mandatory in criminal cases under Rule 118.948.000. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT19 1.818.1. 2. as follows: I. BRIEF STATEMENT OF CLAIMS AND DEFENSES 2. x ------------------------------------.00) as attorney’s fees. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of openness from plaintiff. section 2 of the 1997 Rules of Civil Procedure. defendant respectfully submits that the desired terms of any amicable settlement would involve.II. 1. Plaintiff. non-suit or dismissal) appear to pertain exclusively to civil cases. 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.2. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES 88 Please note that there is no need to attach a Notice of Hearing for a Pre-Trial Brief.2.1. Defendant resists plaintiff’s claims based on a failure to state a cause of action because of : 2. not being the real party in interest under Rule 3. Civil Case No.. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure. III.000.2. a schedule of payments. respectfully submits her Pre-Trial Brief.00) for exemplary damages and One Hundred Thousand Pesos (PHP100.000.2. Defendant. second.000.3. II.1.x PRE-TRIAL BRIEF18 DEFENDANT.2. Defendant also interposed a compulsory counterclaim for Two Million Pesos (PHP2. by counsel.000.00) for moral damages and Two Million Pesos (PHP2. 2. Consequently. first. Plaintiff’s lack of personality to sue and. Extinguishment of the alleged claim made by the entity Regency Furniture. 99 This is a new requirement imposed by the 1997 Rules on Civil Procedure.g. defendant is open to the possibility of amicably settling this dispute. courts also do not require the submission of a pre-trial brief in criminal cases). SAMPLE/REPRESENTATIVE FORM: Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Quezon City~Branch 90 LAKISA LAYAW. 2. therefore. Plaintiff seeks principally to recover the amount of Twenty Two Million Eight Hundred Eighteen Thousand Nine Hundred Forty Eight Pesos and Thirty Centavos (PHP22. 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. Page 10 of 63 . the requirement of a pre-trial brief and the consequences for failure to submit one (e.30) with interest at twelve percent (12%) arising allegedly from unpaid orders delivered to defendant variously in 1989.

2. defendant admits no other facts stated in the Complaint. Quezon City. 1997 and her reply to the demand letter. IV.1. i.1. 14 April 2002.e. her personal circumstances. defendant reserves the right to resort to discovery before trial. defendant does not intend to avail of discovery at this time. Plaintiff’s bad faith in filing this suit.) MITCH MCDEERE Counsel for Defendant Copy furnished: ATTY.2. ISSUES TO BE TRIED 4.2.2. 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. MA BOLA Counsel for Plaintiff Page 11 of 63 . Defendant herself.2. Plaintiff’s entitlement to the amount claimed.1. Defendant’s entitlement to the claims made in her Compulsory Counterclaim as a result of plaintiff’s bad faith. Plaintiff’s personality to seek legal reliefs. 4. RESORT TO DISCOVERY 6. Defendant submits that the following issues she put forward are subject to proof: 4.1. 5.1.2. (SGD. EVIDENCE 5. Defendant admits only those facts stated in her Answer. who will testify on the true circumstances leading to the filing of this suit against her.1. RESPECTFULLY SUBMITTED. however.3. 4.. An employee of Topless Enterprises with personal knowledge as to the true circumstances behind the alleged obligations due and owing in favor of plaintiff. 5.1. VI.1. Defendant submits that the following issues put forward by plaintiff are subject to proof: 4.2. if necessary. Subject to a concrete proposal for stipulation of additional facts from plaintiff during pre-trial or even thereafter. Subject.2.1. 4. 6. Considering the relatively simple issues presented. to a concrete and reasonable request for discovery from plaintiff. Defendant intends to present the following witnesses: 5. V. 3.1.2. receipt of the demand letter dated January 5.1.

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

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

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

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

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

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

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

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

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

Rule 62. Rule 62. Rule 62. contract or other written instrument and injury arising from operation of said deed.) COUNSEL VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING B.43 Quieting of Title and Declaratory Relief44 I. may bring action in his own name46 against the alleged usurping public officer. contract or other writing and facts showing that no violation or breach has 22 33 44 55 66 77 88 99 00 11 Rule 66. Rule 63.facts showing usurpation of office and facts showing entitlement of petitioner to the office. Quo Warranto. will. CHECKLIST OF REQUIREMENTS:  Parties  Quo Warranto .49  Material Allegations of Ultimate Facts  Quo Warranto .48  Declaratory Reliefs . when directed by President or motu propio.45 Person claiming to be entitled to public office or position usurped or unlawfully held or exercised by another.(a) Solicitor General. and claimants over the same subject matter. will. sections 1 and 2. section 1.51  Declaratory Relief . Quezon City. who must claim no interest or has an interest not disputed by claimants.50  Interpleader . a writ of mandamus issue commanding respondent/s forthwith to: (state the act required to be done). section 1. before breach thereof.facts showing interest under a deed. Rule 63.WHEREFORE. section 6.47  Interpleader . and who stands to suffer injury by operation of the said deed. with costs against them. contract or other writing.Any person interested under a deed. section 2. will. Page 21 of 63 . section 5.42 Interpleader. contract or other writing. section 6. it is respectfully prayed that. ________________ (SGD. after due notice and hearing. Rule 66.Petitioner. Rule 66.facts showing conflicting claims made on the same subject matter over which petitioner claims no interest or an interest that is not disputed by claimants. Rule 66. will. Rule 66.

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

2. by counsel. Plaintiff is a Filipino citizen of legal age and resident of Quezon City. respectfully states that: 1. executed a Deed of Sale of real estate in favor of the respondent dated _____________.x PETITION PETITIONER. 2. x -----------------------------------------------. respectfully states that: 1. 4. WHEREFORE.) MITCH MCDEERE Counsel for Petitioner Verification and Certification of Non-Forum Shopping C. On 1 August 1999. UMA AGAW. as shown by a judgment in Civil Case No. The deceased. Respondent. as follows: (Describe property) covered by TCT No. The sale is fictitious and the Deed of Sale is forged. par. (SGD. Quezon City. Defendant. 1.000. 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. He is the special administrator of the estate of the deceased DAMI LUPA. Petitioner. sec. 1. its members may be served with notices at Quezon City Hall. x --------------------------. Plaintiff. 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.00 for each offense in addition to impounding of the cellular 66 Rule 63. and particularly described. during his lifetime. The same is annotated on the title as the only encumbrance thereon. as Special Administrator of the Estate of the deceased DAMI LUPA. ACTION FOR DECLARATORY RELIEF56 INA API. 2468. defendant City Council passed Ordinance No. Page 23 of 63 . by counsel. defendant is the City Council of Quezon City. ________________. the duly-constituted legislative body for Quezon City. as it is a cloud upon the title of the deceased and his lawful heirs. 2468 versus THE CITY COUNCIL OF QUEZON CITY. 3. Equity demands that the said Deed of Sale be surrendered and cancelled. 2345 making it unlawful to operate cellular phone units while inside a moving vehicle and penalizing any violations with a fine of P1. 12345 in the Register of Deeds of Makati.NALI LITO.x COMPLAINT PLAINTIFF. Civil Case No. a copy of which is attached. 12345 removed.

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

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

COUNTER-AFFIDAVIT Republic of the Philippines The City of Makati ) ) s. For this reason. Mr. COUNTER-AFFIDAVIT Re : I. she then told me if the Mayor could refer her to prospective clients. 4. Investigating Prosecutor CERTIFICATION I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIED THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT.very person before my peers and fellow homeowners. In said capacity. To rebut and contradict MA GULANG’s malicious lies. I informed her that he was not around. The Complaint must be dismissed. Ingay’s remarks have injured my name. 6. he has been supporting their activities financially with voluntary contributions. a charge for estafa. 1613 I. TO THE TRUTH OF THE FOREGOING. While my name. Five Hundred Thousand Pesos (P500. Ma Ingay liable civilly for defaming me in the amount of One Million Pesos (P1. of legal age.S. reputation and character are incapable of pecuniary estimation as these are the result of a lifetime’s effort to build a name. I set forth the true circumstances leading to the transaction below: 4.000. 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.00) in moral damages and Five Hundred Thousand Pesos (P500. reputation and character before my neighbors and peers. do hereby state under oath that: 1. Gulang called the office of the Mayor. MANGGA GANTSO of the Quezon City Rescue and Environmental Distress Unit. which made the Mayor their Honorary Chairman with no direct functions. reputation and character that my children and their children can be proud to bear. Ingay cannot be allowed to simply go scot-free without bearing the consequences of his acts. When the Mayor arrived. Investigating Prosecutor59 B. There is no factual nor legal basis to charge me with estafa. Sometime last year.S. The charge is based on a supposedly unpaid account for the purchase of seven (7) Nextel phone units by a Mr.00) in exemplary damages.000. I am in charge of coordinating the day-to-day affairs and activities of his Office. 2. I relayed the message to him. No. Ms. and have been occupying said post since his election to the post in 1998. I have signed this Complaint-Affidavit on __ December 1998. No. 2000 Rules on Criminal Procedure. I am the Chief of Staff of the Mayor of Quezon City. 99 Rule 112. looking for him. MA SELAN Complainant-Affiant SUBSCRIBED AND SWORN TO BEFORE ME this ___ day of December 1998.000. filed by a certain MA GULANG on 19 January 2000 before the Office of the City Prosecutor for Quezon City. sec.1. MA LABO. I recently learned that I have been made a respondent in I. 3(a). 3. I informed her that both the Mayor and I had our units already.s. 1613.000. There is no truth to the allegations in MA GULANG’s complaint. Mr. I am also holding Mr.00) in nominal damages. Page 26 of 63 .

Gantso had yet to pay. It is utterly inexplicable that Ms.4. not to me. Gantso had not paid her the amount of P11. Gantso to meet with her at the Office. Gantso had called the Mayor asking if he could assist in securing Nextel units. Gulang telling me that Mr. Ms. I have signed this Statement on 3 February 2000. to a certain extent. For this reason. I would follow up with Mr. Gulang. thus. 6. 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. Thereafter.3. 5. The Mayor asked me to call Ms. 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. Gulang. 4. On that day. They transacted business inside the Mayor’s Office and only passed by my office on their way out. I even exerted my best efforts to see that Ms. Gantso inside the Mayor’s office. I performed NO ACT that even remotely resembles ANY of the acts punished under Article 315. I would still get calls from Ms. After persistent calls from Ms. I would still receive phone calls telling me that Mr. I set up an appointment for Mr. TO THE TRUTH OF THE FOREGOING. I called Mr.6. Gantso and told him to pay Ms. Gulang does not even allege and cannot prove). Gantso had not yet paid. I performed no act of deceit or fraud against her in ordering the units. Gulang would hold me liable for estafa when all that I did was to refer Ms. I gave her the telephone number of Gantso so that she could just call him directly. Considering the foregoing. and when she started to get angry over the telephone. 7.2. The Complaint against me should. Some time after that. Ms. (SGD) MA LABO (*) Verification (**) Certification Page 27 of 63 . Quite coincidentally. she met with Mr. Gulang were able to meet.5. Gantso and Ms. Gulang. But even then. Mr.4. 4. 4.00 for the units. Gantso but he simply gave me this promise that he would pay. If at all. be dismissed. Gulang was paid due simply to my great embarrassment at the prospect of being accused of referring a person who does not know how to pay for an obligation. Gantso. as a result. he assured me that he would pay her but that he just needed to collect money from the rest of the group. Gulang. Somewhat embarrassed by this.000. Gulang brought the units to the Mayor’s Office. Gulang to Mr. Mr. Gulang phoned me and told me that Mr. it is certainly incomprehensible that I should stand accused of estafa by Ms. any civil liability should pertain to the Office of the Mayor. 4.

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

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

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

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

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

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

2000 Rules on Criminal Procedure. 24. Page 34 of 63 . 3(2).94  No receipt. sec. 2000 Rules on Criminal Procedure. art. sec. (SGD. 12. III.98  Relief  Date  Signature of counsel  Notice of Hearing  Affidavit of service II. It was served on the accused on 23 July 2000.96  Property not subject of seizure. be quashed. sec. pursuant to said search. sec. see note 84. 2000 Rules on Criminal Procedure. Rule 126. 33 Rule 126. 1122 is dated 12 July 2000. 00 See Form No. CHECKLIST OF REQUIREMENTS:  Caption and Title  Distinct Specification of Factual and Legal Grounds for Suppression  Search without witnesses. 10 provides expressly that a search warrant shall be valid for ten (10) days from its date and that thereafter. sec. 2000 Rules on Criminal Procedure. sec. certain objects were seized and delivered to the court. 2000 Rules on Criminal Procedure.93  More than one offense. thus. 1122 be QUASHED and all objects seized under its purported authority be declared INADMISSIBLE under the exclusionary rule in Article III. it is respectfully prayed that Search Warrant No. this is certified to by the Sworn Inventory and Return executed by Major Alang Alam. it shall be void. supra. sec. A search was made on the same day. Rule 126. 4. supra. Motion to Suppress Evidence91 I. 8. Doria.) MA TAPANG Counsel for Accused Request for and Notice of Hearing90 C.95  No Inventory. 7 7 Rule 126. Quezon City. 3. Under the law.97  Not evidence in plain view. Plaintiff. WHEREFORE. 2000 Rules on Criminal Procedure. 55 Rule 126. section 3(2) in relation to section 2. Search Warrant No. 11. 11 Rule 126. (1987). 2 2 Rule 126.92  Served beyond period. the leader of the searching team (a copy of which is already part of the records). 2 in relation to sec. 4 4 Const. 10. 2000 Rules on Criminal Procedure. 4. sec. 25 July 2001. SAMPLE/REPRESENTATIVE FORM: Republic of the Philippines Regional Trial Court National Capital Judicial Region Branch 104-Quezon City PEOPLE OF THE PHILIPPINES. sec.1. 2. 301 SCRA 668 (1999). 88 See People v. 66 Rule 126. 23 July 2000. 14. the 11th day from its date. the Search Warrant is void and must. footnote no.

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

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

respectfully applies for probation pursuant to the provisions of Presidential Decree No. Accused-applicant is of legal age and currently gainfully employed at ASN Broadcasting Corporation located at Timog Avenue. Accused. x ---------------------------------------------. Page 37 of 63 .4. specifically: 2. Moreover. 2. Quezon City. SAMPLE/REPRESENTATIVE FORM: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT PASIG-BRANCH 69 PEOPLE OF THE PHILIPPINES. Quezon City for Pasig City. as amended. has not filed any Notice of Appeal from the Order of conviction. 2. she pleaded “guilty” to the offense charged herein. as amended. 3 Finally.     All the requirements as in ordinary motions Grounds for Probation101 Relief Verification by applicant Notice of Hearing II. She has not been convicted of any crime against national security or public order. 968. just and reasonable in the sound discretion of this Honorable Court. the accused respectfully submits the following: 1. 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.1. She has not previously applied for nor had been previously placed under probation under Presidential Decree No. WHEREFORE.x APPLICATION FOR PROBATION THE ACCUSED. 968. consequently. 12 March 1999. to date. are fair. accused-applicant does not need any correctional treatment requiring commitment to an institution. 114878 versus RECY DIVIST.2. accused-applicant will commit another crime. On ________. Criminal Case No. by counsel. 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.00). Accused-applicant humbly submits that she possesses all the qualifications and none of the disqualifications enumerated under section 2 of Presidential Decree No. 2. In support of this application. 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. Plaintiff. 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. 2.3. (SGD) ATTICUS FINCH 101 See PD 968. She has not started to serve her sentence and. under the circumstances.

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. respectfully offers his/her documentary exhibits in support of his/her defenses. It is important to remember that the private prosecutor has no personality to do anything in a criminal case as Page 38 of 63 . for purposes of the Bar.000. Quezon City. _________________. Exhibit B. The marked copies of Exhibits A and B are already part of the record. Exhibit B-2. his signature–to prove that on the date and time stated in the affidavit. the Offer of Evidence is made in table or column form such that it would be easier for the Court to see the Exhibit No.000. the accused issued a post-dated check in the amount of One Million Pesos (P1. thus.00). the post-dated check dated 30 June 1999. and Exhibit A-1. the amount stated. and as part of the testimony of the private complainant. WHEREFORE. then the proper first paragraph should read: “The Accused (Defendant). the sworn statement of ‘Alang Kaso. Description and Purpose but. 303 If the question calls for an Offer of Evidence by the Accused/Defense.000.000. the offer is made in the name of the prosecution. on presentment for payment. by the undersigned public and private prosecutors. the signature of accused on face of the check–to prove the issuance of the check. the private complainant. 000011 versus RECY DIVIST.x FORMAL OFFER OF EVIDENCE102 THE PROSECUTION. the dorsal side of the check with notation “DAIF”. [ELLIOT NESS Public Prosecutor ATTICUS FINCH Private Prosecutor]104 202 Variably and acceptably denominated by others as “Formal Offer of Documentary Exhibits”.LEADINGS AND OTHER LEGAL DOCUMENTS COMMON TO CIVIL AND CRIMINAL PROCEDURE Counsel for Accused Request for and Notice of Hearing FORM NO.00) which.. this would not be practicable nor practical. was dishonored for lack of insufficient funds. All that is important is that the Offer contain the Exhibit Number. Criminal Case No. 404 This is a common mistake for any legal document submitted by a private prosecutor. x -----------------------------------------. to prove authorship and the authenticity of the sworn statement. 2. FORMAL OFFER OF EVIDENCE Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Quezon City-Branch 90 PEOPLE OF THE PHILIPPINES. the private prosecutor has no personality to formally offer the evidence. please note that this applies to criminal and civil cases. Accused. Exhibit A. the reason for dishonor and the identity of the issuer. by counsel. In criminal cases. a description of the Exhibit and the Purpose of Offer. 1 OFFER OF EVIDENCE AND OPPOSITION/COMMENT TO OFFER A. Plaintiff. issued by the accused in the amount of One Million Pesos (P1. Exhibit B-1. as follows:” Invariably. respectfully offer their documentary exhibits in support of their case-in-chief:103 1.

every legal document must be signed by both the public prosecutor and the private prosecutor. rather it is admissibility of the documenmt.Copy furnished: MITCH MCDEERE Counsel for Accused B. the private complainant. _________________. versus Criminal Case No. CRIMINAL CASES PEOPLE OF THE PHILIPPINES. Plaintiff. 000011 versus RECY DIVIST.105 Quezon City. the signature of accused on face of the check are INADMISSIBLE for violation of the Best Evidence Rule as the original check was never presented.x COMMENT ON THE PROSECUTION’S FORMAL OFFER OF EVIDENCE THE ACCUSED. respectfully oppose the Prosecution’s Offer of Evidence for the following reasons: 1. be EXCLUDED. and no basis for the presentation of secondary evidence laid. ACCORDINGLY. Exhibit B-2.000. the dorsal side of the check with notation “DAIF”. the post-dated check dated 30 June 1999. x -----------------------------------------. The purpose of offer goes to weight of the document (unless of course. DEMURRER TO THE EVIDENCE A. Exhibit B.00). Exhibit B-1. issued by the accused in the amount of One Million Pesos (P1. MITCH MCDEERE Copy furnished: ELLIOT NESS Public Prosecutor ATTICUS FINCH Private Prosecutor FORM NO. Exhibit A. the objection is relevance. 505 Please note that the purpose of the offer is never objected to. his signature are INADMISSIBLE because the private complainant was never presented to authenticate the document or subjected to cross-examination. 2. and Exhibit A-1. Accused. the document is hearsay and inadmissible. Thus. the ACCUSED respectfully submits that the Prosecution’s Exhibits are INADMISSIBLE and must. everything is under the control and direction of the public prosecutor. 007 For: Violation of PD 1866 ANAKIN SKYWALKER. 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. thus. COMMENT/OPPOSITION TO OFFER PEOPLE OF THE PHILIPPINES. then purpose may properly be objected to as relevance also determines admissiblity). by counsel.000. 2. Page 39 of 63 . 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. thus. the sworn statement of ‘Alang Kaso.

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

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

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

the court may ask counsel to secure conformity. Cloud City. If withdrawal is due to fundamental and irreconcilable professional differences. no reason for withdrawal needs to be given. for which reason the express conformity of plaintiff cannot be obtained. 4 July 1999. MACE WINDU 1 Imperial Palace.MACE WINDU 1 Imperial Palace. However. Quezon City. 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. Page 43 of 63 . Pasig City 111 Note that if the client gives express conformity. RESPECTFULLY SUBMITTED. 5-A. Cloud City. then it must be stated so that the absence of conformity of the erstwhile client is justified.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. if withdrawal is without conformity.

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

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

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

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. [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. Page 47 of 63 . In the discretion of the court. Petitioner submits that.117 WHEREFORE. (4) to the eldest brother or sister over 21 years of age unless unfit or disqualified. the assessment given by the psychologist of respondent’s psychological make-up is that he has a “301. 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. (COUNSEL) (Verification and Certification against Forum Shopping) 616 Under the Rule on Provisional Orders. All other just and equitable reliefs are also prayed for. Petitioner also prays that. judgment be rendered in her favor by declaring petitioner to be psychologically incapacitated to comply with the essential obligations of her marriage to respondent. however. The common property of petitioner and respondent is insufficient for the support of the children. 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. or (6) to any other person deemed by thecourt suitable to provide proper care and guidance. provisional custody may be awarded to the following based on the order of preference: (1) to both parents jointly. despite the parties’ mutual psychological incapacity to remain married to each other. by this token. (5) to the actual custodian over 21 years of age unless unfit or disqualified. either parent or both may be ordered to give an amount necessary for support. especially the choice of the child. 8. 9. Their minor chidren are in petitioner’s custody and are being supported by her financially and emotionally. (2) to either parent taking into account all relevant considerations.1 Partner Relational Problem and is said to have “Masochistic Personality Disorder” or “301.20 Schizoid Personality Disorder with narcissistic features” which is described as “grave. All of the children are minors and. 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.116 10. be directed to give support to his children in the amount of (state amount). thus. to the grandparent chosen by the child above seven years of age unless the grandparent chosen is unfit or disqualified. ordering the dissolutin of the conjugal partnership of gains. 2002.7. child support may also be sought. Petitioner’s psychological incapacity is described in clinical terms as being consistent with a V61. the earning capacity of the parent and the amount needed for support must be alleged. with visitation rights extended to respondent. under the law. 717 Under the Rule on Provisional Orders. with express acknowledgement of respondent’s visitation rights. 2001. (3) to the surviving grandparent. and [2] Awarding permanent custody of the children to petitioner. 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). on the other hand.” The psychological make-up of petitioner and respondent is explained in greater detail in the Clinical Assessment Report (“Report”) dated December 28. Quezon City. incurable and has antecedents. Petitioner cannot. July ____. It must first be taken from the properties of the absolute community or the conjugal partnership.9 Personality Disorder Not Otherwise Specified”. save for exceptional circumstances which do not exist in this case. thus -[1] Declaring the marriage between petitioner and respondent a nullity and. Respondent must. the interests of the children are best served by having them remain in her custody. § 4. after trial. children under seven (7) years of age shall not be separated from the mother. or if there are several of them. subject to any adjustments that may be made based on changing earning capacity as well as needs.

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

818

1988 Bar Question; Page 48 of 63

RT FIVE: DEEDS, CONTRACTS AND OTHER CORPORATE LEGAL DOCUMENTS

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

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

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

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

020

1987 Bar Question; Page 50 of 63

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

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

Page 53 of 63 .

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

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

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

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

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

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

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

Rule 41. and YAMAN NYA. mortgagor. 43. 42. 122. 44. 4.PEALS AND OTHER RESORTS TO APPELLATE COURTS IN CRIMINAL AND CIVIL PROCEDURE We severally swear that DAMI KOTSE. secs. 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. sec. 7. 13. Rule 40. Rule 40. Rule 40. sec. Rule 44. IN CIVIL CASES -I. Rule 40. sec. From MTC (in original jurisdiction) to RTC (in appellate jurisdiction):128  15 days from notice of judgment or final order  Notice of Appeal129  Parties  Judgment or final order appealed from  Material dates showing timeliness of appeal  Proof of payment of appellate court docket and other lawful fees130 Memorandum for Appellant and Appellee131 II. mortgagee. 3. From RTC (in original jurisdiction) to CA132  15 days from notice of judgment or final order  Notice of Appeal  Brief for Appellant133  Subject Index of the matter in brief  Assignment of Errors  Statement of the Case 727 828 929 030 131 232 333 Rules 40. Page 61 of 63 . 7. YAMAN NYA DAMI KOTSE Signed in the presence of: UZI 1 UZI 2 Acknowledgment [1] ORDINARY APPEALS127 CHECKLIST OF REQUIREMENTS: A.

1(b). 636 Rule 44. the only ground is where the penalty imposed is reclusion perpetua or life imprisonment or where a lesser penalty is imposed but involving offenses committed on the same occasion or arising out of the same occurrence that gave rise to the more serious offense for which the penalty of death or life imprisonment/reclusion perpetua is imposed. 3(a). 37 7 Rule 44. Rule 44. section 13(h). From MTC (as trial court) to RTC (in appellate jurisdiction)138  15 days from notice of judgment or final order  Notice of Appeal  Appellant’s Brief/Memorandum  Appellee’s Brief/Memorandum II. 1(a). note the almost identical content. 10. sec. IN CRIMINAL CASES -I. 8. 939 Rule 122. 14. Statement of the Facts  Statement of the Issues  Argument  Relief  Copy of judgment or final order appealed from134  Brief for Appellee135 (Same as supra. 3(c). 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. see SC Administrative Memorandum No. 35 5 Rule 44. the ONLY instance when an ordinary appeal from the RTC is with the Supreme Court and where resort is made by simple notice of appeal. sec. 838 Rule 122. secs. 9. Page 62 of 63 . 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. sec. 99-2-04. 40 0 Rule 122. sec. this may be required in lieu of Briefs. 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. sec. sec.

sec. Rule 13. Page 63 of 63 . Rule 45. Rule 45. 2. 43. See also Rule 122. section 13. sec. 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. 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. 4. Rule 42.[2] PETITIONS FOR REVIEW141 I. 1(b). Rule 13. Rule 42. Errors of Fact or Law Argument Verification and Certification against Forum Shopping Attachments  Certified true copy or duplicate original copy of judgment/final order questioned  Clear and legible copy of all pleadings and other material portions of the record  Proof of Service and Explanation for Service by Registered Mail (if applicable)145 II. Rule 43. 1. 45. sec. 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. 122. Rule 43. sec. 4. sec. section 13.