1.

Complaint for sum of money Republic of the Philippines MUNICIPAL TRIAL COURT IN THE CITIES Branch _____, Bacolod City _________________________, Plaintiff, -versus _________________________, Defendant. x--------------------------x Civil Case No. ______________ For: Sum of Money Mediatable

COMPLAINT

PLAINTIFF, through the undersigned counsel, before this Honorable Court most respectfully states that:

PARTIES

1. PLAINTIFF is of legal age, Filipino, married and a resident of _____. He may be served with court orders and processes through his undersigned counsel; 2. DEFENDANT is of legal age, Filipino, married and with address at _______, where she may be served with summons and other court orders and processes;

CAUSE OF ACTION

3. Last ________, defendant obtained a loan with the plaintiff in the amount of _____ (P___), Philippine currency, payable on or before __________ together with interest in the fixed amount of _______, as evidenced by the Promissory Note dated ____________, photocopy of which is hereto attached as Annex A and made an integral part hereof;

4. Defendant failed to fully pay her account with the plaintiff on ___________ as stipulated in the aforementioned promissory note. She still has a balance of ____ (P_____), Philippine currency; 5. Several verbal demands were made by the plaintiff to the defendant for the latter to pay and settle her unpaid obligation with the former but despite the promises to settle her obligation, defendant deliberately failed to make any payments; 6. Consequently, the plaintiff was constrained to refer the matter to his lawyer,______, who sent a final demand letter dated _____ to the defendant. Said demand letter was received by the defendant on _____ as shown in the Registry Return Card. Photocopies of the demand letter dated ____ and the Registry Return Card are hereto attached as Annexes B and C, respectively, and made integral parts hereof; 7. Despite defendants receipt of the demand on _____, and the lapse of the fiveday period from receipt within which to settle her obligation, as stated in the demand letter, defendant obdurately and contumaciously refused and failed to pay the plaintiff a single centavo of her obligation in the total amount of _____ (P_____), Philippine currency, to plaintiffs great damage and prejudice; 8. To effect collection and to protect his contractual rights due to the defendants obdurate and contumacious refusal to settle her unpaid obligation, the plaintiff was compelled to hire the services of the undersigned counsel to prosecute the instant case and was charged with ____ (P_____), Philippine currency, as attorneys fees, plus per court appearance of ____ (P______), Philippine currency, to which, defendant should be held liable to pay; 9. In addition, PLAINTIFF incurred litigation expenses, including filing fee, service of summons and other incidental expenses, amounting to _____ (P____), Philippine currency, to prosecute his claims against the defendant. Said amount should be charged against the defendant.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this HONORABLE COURT that judgment BE ISSUED: a. DIRECTING the DEFENDANT to pay PLAINTIFF the amount of PESOS _____ (P______), Philippine currency, representing the unpaid principal loan, plus interest and penalty; b. DIRECTING the DEFENDANT to pay PLAINTIFF the amount of PESOS _____ (P______), Philippine currency, as attorneys fee plus per court appearance of PESOS _____ (P______), Philippine currency; c. DIRECTING the DEFENDANT to pay PLAINTIFF the amount of PESOS _____ (P______), Philippine currency, representing litigation expenses; and Such other and further reliefs and remedies just and equitable under the premises. Bacolod City, Philippines this ___ day of _______.

Counsel for the Plaintiff

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, _______, of legal age, Filipino, married and a resident of _______, under oath, depose and say that: 1. I am the plaintiff in the above-entitled case; 2. I caused the preparation of the foregoing Complaint; 3. I read all the allegations thereof and that the same are true and correct on my own personal knowledge and authentic records;

4. I have not heretofore commenced any other action or proceeding involving the same issue in the Supreme Court, Court of Appeals, or any other tribunal or agency; 5. To the best of my knowledge, no such action or proceeding is pending in the Supreme Court, Court of Appeals, or any other tribunal or agency; and that if I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, Court of Appeals, or any other tribunal or agency; I undertake to report that fact within five (5) days therefrom to the Honorable Court. SIGNED this ____ day of ____________ Occidental, Philippines. in the City of Bacolod, Negros

_________________

REPUBLIC OF THE PHILIPPINES) C I T Y O F B A C O L O D ) S.S. x-----------------------x SUBSCRIBED AND SWORN to before me, this _____ day of __________ in the City of Bacolod, Philippines by the said affiant who exhibited to me his CTC No. _____ issued on _____ at ______.

Doc. No. _____; Page No. _____; Book No. _____; Series of _____.

Notary

Public

2. Answer

(just follow the heading and title of the case)

ANSWER WITH COUNTERCLAIM

DEFENDANT, by the undersigned counsel, in compliance with the Summons, which she received last _____, before this HONORABLE COURT most respectfully files her Answer, averring as follows: <1> The allegations in paragraphs 1 and 2 of the Complaint on the personal

circumstances of the parties are admitted; (You have the option to deny the allegation for lack of information and belief as to the truth of the averment) <2> <3> The allegation in paragraph 3 of the Complaint is likewise admitted; Defendant specifically denies the allegations in paragraph 4 and 5 of the

Complaint, the truth of the matter being that she had already remitted payments to the plaintiff in the total amount of ___________, representing payment for her loan, including interest. Photocopies of the Receipts dated ____________, are hereto attached as Annexes 1, 2, 3, 4 and 5, and made integral parts hereof; <4> The allegation in paragraph 6 of the Complaint is likewise specifically

denied. Defendant has never received the referred demand letter. The signature appearing on the Registry Return Card attached as Annex C to the Complaint does not belong to the defendant; <5> Defendant further specifically denies the allegation in paragraph 7, 8 and 9

of the Complaint for the reasons mentioned in paragraphs 3 and 4 of the instant Answer. Moreover, the alleged attorneys fees and other litigation expenses are to be borne solely by the plaintiff on the ground that his case is baseless and unfounded.

and by way of SPECIAL AND AFFIRMATIVE DEFENSES <6> Defendant repleads and reiterates the material averments from paragraphs

<1> to <5> of the herein Answer that are relevant and material in the herein heading; <7> THE PLAINTIFF HAS NO CAUSE OF ACTION AGAINST THE

DEFENDANT; <8> Defendant had already fully paid her loan, including interest, to the

plaintiff as evidenced by the receipts herewith attached as Annexes 1, 2, 3, 4, and 5; <9> In addition, the defendant has never received the plaintiffs demand letter.

Had she received the same, defendant would have produced and shown the aforementioned receipts to the plaintiffs lawyer and the instant case would not have been filed; COUNTERCLAIM

<10> Defendant repleads and reiterates the allegations in paragraphs <1> to <9> of the herein ANSWER that are relevant and material in the herein heading; <10> Defendant was compelled to hire the services of counsel to defend the instant case against the baseless and unfounded Complaint and was charged the amount of _____, as attorneys fees plus appearance fee in the amount of ________, per hearing, which amount should be chargeable to the plaintiff; <11> Defendant suffered sleepless nights, serious anxiety and besmirched

reputation entitling him from the plaintiff to moral damages in the amount of __________; <12> To set an example to others so that other persons will not follow plaintiffs wanton act of filing a baseless and unfounded suit, an exemplary damage in the amount of __________, is chargeable to the plaintiff;

PRAYER WHEREFORE, premises considered, it is most respectfully prayed of this HONORABLE COURT that an ORDER be issued <1> DIRECTING for the DISMISSAL of the Complaint; and on the COUNTERCLAIM <2> DIRECTING the plaintiff to pay defendant the amount of ___________, as moral damages; <3> DIRECTING the plaintiff to pay defendant an exemplary damage in the amount of __________; <4> DIRECTING the plaintiff to pay defendant attorneys fees in the amount of ___________, and appearance fee of ___________ per hearing; <5> Such other and further relief and remedies just and equitable under the premises. Bacolod City, Negros Occidental, Philippines, this 11th day of December 2006.

Counsel for the Defendant

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, _______, of legal age, Filipino, married and a resident of _______, under oath, depose and say that: 1. I am the defendant in the above-entitled case; 2. I caused the preparation of the foregoing Answer with Counterclaim; 3. I read all the allegations thereof and that the same are true and correct on my own personal knowledge and authentic records.

SIGNED this ____ day of ____________ Occidental, Philippines.

in the City of Bacolod, Negros

_________________

REPUBLIC OF THE PHILIPPINES) C I T Y O F B A C O L O D ) S.S. x-----------------------x SUBSCRIBED AND SWORN to before me, this _____ day of __________ in the City of Bacolod, Philippines by the said affiant who exhibited to me his CTC No. _____ issued on _____ at ______.

Doc. No. _____; Page No. _____; Book No. _____; Series of _____.

Notary

Public

Copy furnished to:

Counsel for the plaintiff

3. Complaint-Affidavit (criminal action)

COMPLAINT-AFFIDAVIT

I, ______________, of legal age, married and a resident of Bacolod City, Negros Occidental, Philippines, under oath depose and say that: 1. I am a stockholder and treasurer of ___ Pawnshop and Jewelry, Inc., a domestic corporation duly existing in accordance with Philippine laws, and with principal office at _______ Bacolod City, Negros Occidental, Philippines and branches at ____; 2. Sometime in ___, _____ obtained several jewelry from __ Pawshop & Jewelry, Inc. -____________ branch, using her open credit line and in payment of said items, ____ issued in my favor Prudential Bank Mandalagan Branch Check No. _____ post-dated _____ in the amount of __________ at Bacolod City, Negros Occidental. Photocopy of the said check is hereto attached as Annex A and made an integral part hereof; 3. I deposited the above check the account of ___ Pawnshop and Jewelry, Inc. at Rizal Commercial Bank Corporation at Rizal St., Bacolod City on _____ but said check was dishonored by the drawee-bank for the reason: ACCOUNT CLOSED. Photocopies of the RCBC Debit Advice dated ___ and Prudential Bank Check Return Slip dated ___ are hereto attached as Annexes B and C and made integral parts hereof; 4. Immediately after the disputed check was returned to me, I informed ____and verbally demanded that she make good the said check or to settle her obligation with ___ Pawnshop & Jewelry, Inc. but without any positive action from her; 5. Sometime in ____, I referred the said matter to my lawyer, ____ as it had taken a long time already for ___ to redeem her check or settle her account. Hence, my lawyer sent a final demand letter dated ____ to ____ for her to make good the subject check or to settle her obligation with ___ Pawnshop & Jewelry, Inc. within five (5) days from receipt thereof. The photocopy of the demand letter dated 15 August 2001 is hereto attached as Annex D and made an integral part hereof; 6. In spite of her receipt of the demand letter on ________, SARAH T. BENAVIDES obdurately and contumaciously refuses and totally failed to make good her check or to pay her account with the ___ Pawnshop and Jewelry, Inc. in the amount of ___________; 7. As a result of ____ act of not making good the subject check or pay her account with ____ Pawnshop and Jewelry Inc., ____ Pawnshop and Jewelry Inc. was compelled to hire the services of counsel in the agreed sum of ____, which amount should be charged against ____; 8. This Affidavit is being executed to attest to the truth of the matters herein stated and to support the filing of a criminal charge against ____ with address at ________, Bacolod City, Negros Occidental for violation of Batas Pambansa Bilang 22 and/or such other crime as may be warranted under the circumstances. IN WITNESS WHEREOF, I have hereunto set my hand this ____ at Bacolod City, Negros Occidental, Philippines.

_________ Affiant SUBSCRIBED AND SWORN to before me this ___ at Bacolod City, Negros Occidental, Philippines. I certify that I have personally examined the affiant and I am satisfied that she freely and voluntary executed the foregoing Affidavit-Complaint with full knowledge of its contents.

Prosecutor

4. Counter-Affidavit (criminal action)

COUNTER-AFFIDAVIT

I, ______________, of legal age, married and a resident of Bacolod City, Negros Occidental, Philippines, under oath depose and say that: 1. I am the Respondent in I.S. No. ________, entitled: ____ Pawnshop and Jewelry Inc. vs. ___________, for violation of B.P. 22, which is pending before the Office of the City Prosecutor, Bacolod City; 2. I am denying the allegations in the Complaint-Affidavit dated ____ executed by ________, the truth of the matter being as follows: (provide your own version of the facts. Provide your defenses such as payment, etc. or attack the elements of the offense like not all the elements of B.P 22 are present etc.) 3. This Counter-Affidavit is being executed to attest to the truth of the foregoing and constitutes my defense to the above-stated Complaint. IN WITNESS WHEREOF, I have hereunto set my hand this ____ at Bacolod City, Negros Occidental, Philippines.

________ Affiant SUBSCRIBED AND SWORN to before me this ___ at Bacolod City, Negros Occidental, Philippines. I certify that I have personally examined the affiant and I am satisfied that she freely and voluntary executed the foregoing Counter-Affidavit with full knowledge of its contents.

Prosecutor

5. Information (BP22)

Republic of the Philippines Office of the City Prosecutor Bacolod City People of the Philippines, Complainant, - versusJuan de la Cruz, Accused. x-------------------x INFORMATION The undersigned Assistant City Prosecutor accuses Juan de la Cruz of VIOLATION OF BATAS PAMBANSA BLG. 22, committed as follows: That on or about the 22nd day of November 2007, in the City of Bacolod, Philippines, and within the jurisdiction of this Honorable Court, the herein Accused, knowing fully well that her account with Prudential Bank-Mandalagan Branch, Bacolod City, Negros Occidental, had been closed, did, then and there, willfully, unlawfully, and feloniously make out, issue and deliver to therein offended party, ____ Pawnshop and Jewelry Inc., Prudential Bank-Mandalagan Branch Check No. _____ postdated __________ in the amount of ___________, in payment of a preexisting obligation from the herein offended party; that when said check was presented to the drawee-bank for payment, the same was dishonored and returned for reason of Account Closed, and herein accused, despite notice of dishonor and demands made upon him failed and refused, and still fails and refuses to redeem or make good the said check up to the present. Act contrary to law. Bacolod City, Philippines, February 20, 2008.

Criminal Case No. ________ For: Violation of Batas Pambansa Blg. 22

Maria Santos Prosecutor II Approved: Pedro Cruz City Prosecutor

Witnesses: 1. Mary Jane Abad and others Bail Recommended: P2,000.00 Address of the Accused: ______

6. Information (Robbery) Republic of the Philippines REGIONAL TRIAL COURT OF NEGROS OCCIDENTAL Sixth Judicial Region Branch ___, Bacolod City People of the Philippines, Complainant, - versusJuan de la Cruz and Pablo Jose, Accused. x-------------------x INFORMATION The undersigned Assistant City Prosecutor accuses Juan de la Cruz of Robbery under Art. 294, par. 5 of the Revised Penal Code in relation to R.A. 8369, committed as follows: That on or about the 22nd day of November 2007, in the City of Bacolod, Philippines, and within the jurisdiction of this Honorable Court, the herein Accused, armed with icepicks, conspiring, confederating and acting in concert, with intent to gain and with violence against and intimidation of person, did then and there, willfully, unlawfully, and feloniously take, rob and carry away one (1) ____ Nokia Cellphone valued in the amount of ___________ , belonging to Mary Jane Abad, against the latters will, to the damage and prejudice of said offended party in the aforementioned amount. Act contrary to law. Bacolod City, Philippines, February 20, 2008.

Criminal Case No. ________ For: Robbery (under Art. 294, par. 5 of the Revised Penal Code)

Maria Santos Prosecutor II

Approved: Pedro Cruz City Prosecutor Witnesses: 1. Mary Jane Abad - address 2. Jon Basa - address 3. and others I hereby certify that I am filing this case in accordance with Sec. 6 of Rule 112 of the Revised Rules on Criminal Procedure because the Accused herein having been lawfully arrested without a warrant of arrest did not ask for preliminary investigation nor signed a waiver of the provisions of Art. 125 of the Revised Penal Code. Maria Santos SUBSCRIBED AND SWORN to before me this ____________ in the City of Bacolod, Philippines.

PROSECUTOR Received and filed this ______________.

________________ Bail Recommended: P100,000.00 Address of the Accused: ______ Presently detained at the lock-up cell of the Bacolod City Police Office, Bacolod City

6. Petitioner for declaration of nullity of marriage Republic of the Philippines Regional Trial Court of Negros Occidental 6th Judicial Region Branch ____, Bacolod City __________________, Petitioner, versus CIVIL CASE NO. _______ For: Declaration of Nullity of Marriage

__________________, Respondent. X -----------------------------------------------------X PETITION PLAINTIFF, through the undersigned counsel, before this Honorable Court, most respectfully states that: <1> Plaintiff is of legal age, Filipino, married and a resident of ___, Silay City,

Negros Occidental, Philippines, where she may be served with court orders and processes; <2> Defendant is of legal age, Filipino, married and a resident of ____, where

he may be served with summons, court orders and processes; <3> The Plaintiff and the Defendant entered into a Contract of Marriage on 6

May 2004 at the San Antonio Abad Parish Church, General Lacson Ext., Bacolod City and officiated by Rev. Fr. ____ The fact of their marriage is recorded in the Register of Marriages of the Office of the City Civil Registrar of Bacolod City, under Registry No. __. The certified machine copy of the parties Certificate of Marriage is hereto attached as Annex A and made an integral part hereof; <4> Immediately after their marriage sometime last ____ the defendant who is

a seaman by trade left for his employment and was supposed to come home to the plaintiff at the end of the term of his employment contract on ______________;

<5>

However, the defendant never returned to the plaintiff. He finally called

the plaintiff last _____ confessing that he has another family in ______ and is compelled to stay with them considering the threats against his life by the family of his first wife; <6> Despite her own anguish, the plaintiff managed to inquire with the

National Statistics Office and discovered that indeed, the defendant had contracted an earlier marriage with a certain _____ in _______ last _______. The certified machine copy of the said Certificate of Marriage is hereto attached as Annex B, and made an integral part hereof; <7> In view of the foregoing, the plaintiff is compelled to file for the

declaration of nullity of her marriage with the defendant; <8> No child was born to the parties. Neither have the parties acquired any

conjugal property during their marriage; <9> To the best knowledge of the plaintiff, there are no creditors with claims

against the parties. PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this HONORABLE COURT, that after due hearing, an order be issued: <1> Defendant; <2> Directing the Local Civil Registrar of Bacolod City to cancel the Marriage Declaring the annulment of marriage between the Plaintiff and the

Contract under Registry No. ___ of the Plaintiff and the Defendant in its Register of Marriages; <3> Allow the Plaintiff to resume the use of her maiden name,

_____________, and, <4> premises. Bacolod City, Philippines, this ____. Such other relief and remedy as may be fair, just and equitable under the

Counsel for the Plaintiff

(Verification and Certification on Non-Forum Shopping) Copy furnished to:

THE HON. SOLICITOR GENERAL Office of the Solicitor General 134 Amorsolo St., Legaspi Village Makati City, Metro Manila Registry Rect No. ________; Registered on ___________; at the Bacolod City Post Office.

NATIONAL CENSUS AND STATISTICS OFFICE East Avenue, Quezon City Registry Rect No. ________; Registered on ___________; at the Bacolod City Post Office.

OFFICE OF THE CITY CIVIL REGISTRAR Bacolod City Received by: ___________ Date: _________________

OFFICE OF THE CITY PROSECUTOR Bacolod City Negros Occidental Received by: ___________ Date: _________________

EXPLANATION (Pursuant to Sec. 11, Rule 13, of the 1997 Revised Rules of Civil Procedure) This Honorable Court is respectfully informed that copies of the foregoing Petition was served to the Honorable Solicitor General and the National Census and Statistics Office through registered mail, by posting the same at the Post Office as indicated above. Personal service is not practicable considering the distance between the offices of the addressee and the undersigned.

Counsel for the Plaintiff

7. Petition for Adoption Republic of the Philippines REGIONAL TRIAL COURT OF NEGROS OCCIDENTAL 6th Judicial Region Branch ____, Bacolod City IN THE MATTER OF THE ADOPTION OF MINOR CHILDREN, NAMELY: SPEC. PROC. NO. ___________

SPOUSES ____, Petitioners. x = = = = = = = = = = == = = = = = = = = = = =x

PETITION

PETITIONERS, through the undersigned counsel, before this HONORABLE COURT most respectfully state that: <1> The PETITIONERS are husband and wife, both of age, and residents of ____. Photocopy of the Certificate of Marriage is hereto attached as ANNEX A and made integral part of the herein PETITION; <2> PETITIONER ___ is a Belgian citizen having been granted by the Board of Commissioners of the Bureau of Immigration an admission status of permanent resident alien of the Republic of the Philippines as evidenced by his Certificate of Alien Registration and Immigrant Certificate of Registration both issued by the Bureau of Immigration. Photocopies of the Certificate of Alien Registration and Immigrant

Certificate of Registration of ___ are hereto attached as ANNEXES B and C and made integral part of the herein PETITION. PETITIONER ___ is a Filipino citizen by birth. The PETITIONERS have decided to establish their family home in ___ and they have been living thereon as husband and wife for ____ years; <3> The PETITIONERS have no legitimate children by their marriage or

descendants and hereby desire to jointly adopt two (2) abandoned minor children: namely: _____________, 3 years old, legitimate child of Spouses ____________ and _______________ and _______________, 2 years old, legitimate child of Spouses ___________ and ___________________; <4> Prior to this adoption proceedings, the above-named minor children were abandoned by their respective parents and were taken care of and under the care and custody of St. ___________ in Sum-ag, Bacolod City, Negros Occidental, Philippines, and the whereabouts of their respective parents are unknown; <5> That the PETITIONERS are qualified to adopt the said minor children and have sufficient income and properties to financially and morally bring up and educate said minor children, properly and adequately; <6> Last ___, the _____________ signed ___________ and the custody and care of the above-named minor children were released and transferred by __________ to the herein PETITIONERS. As of the filing of the herein PETITION, the PETITIONERS have been exercising parental custody to _______________ and ___________ and a preadoption measure to ensure that the PETITIONERS are properly and adequately capable of performing their obligations ad adopting parents to the aforementioned minor children; WHEREFORE, premises considered, it is most respectfully prayed of this HONORABLE COURT that upon due notice and hearing, judgment be entered adjudging that the minor children, namely: _____________ and ____________________ be freed from all legal obligations of obedience and maintenance with respect to their respective natural parents, and that they be declared to all legal intents and purposes, the child of the herein PETITIONERS, and that their surname be changed to that of the PETITIONERS.

Such other and further relief and remedies just and equitable under the premises. Bacolod City for Bago City, Philippines, this ____________.

Counsel for the Petitioners (VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING) Copy furnished: THE SOLICITOR GENERAL Office of the Solicitor General 134 Amorosolo St., Legaspi Village 1229 Makati City Date: _________________ Registry Receipt No. __________/Bacolod City Post Office THE NATIONAL CENSUS AND STATISTICS OFFICE East Avenue, Quezon City Date: _________________ Registry Receipt No. __________/Bacolod City Post Office OFFICE OF THE CITY CIVIL REGISTRAR Bacolod City, Negros Occidental By: _____________________ Date: ___________________ DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT By: _____________________ Date: ___________________ EXPLANATION: The foregoing PETITION is copy furnished to the Office of the Solicitor General and the National Statistic Office via registered mail, instead of personal delivery, due to the distance of the address of the addressee with that of the undersigned.

Counsel for the Petitioners

8. Motion (Case Title)

MOTION FOR POSTPONEMENT The Plaintiff, though the undersigned counsel, before this Honorable Court, most respectfully states that: 1. The above case is set for hearing on ____ at 8:30 in the morning; 2. However, the undersigned counsel is already scheduled to attend the pre-trial of Civil Case No. ______ , entitled: ____ before the Regional Trial Court, Branch 48, Bacolod City on the said date and time; 3. Considering the nature of the proceeding in Civil Case No. ___ and the fact that it was set earlier than the hearing of the instant case, the plaintiff is constrained to request for a resetting to such other dates most convenient with the Honorable Court, preferably on the last week of April 2008; 4. This motion is not intended to delay the prompt disposition of the above case. WHEREFORE, in view of the foregoing, the plaintiff most respectfully prays that the hearing on ____ be moved to September 10, 2007 at 8:30 in the morning or to another date most convenient with this Honorable Court, preferably on the last week of April 2008. Such other relief and remedies just and equitable in the premises are likewise prayed for.

Bacolod City for Sipalay City, Philippines, this 27th day of August 2007.

Counsel for the Plaintiff THE CLERK OF COURT MTCC Sipalay City Counsel for the Defendant GREETINGS: The Plaintiff is submitting the foregoing Motion for Postponement for the consideration of the Honorable Court on ______ at 8:30 oclock in the morning, without further oral argument and presence of counsel.

Counsel for the Plaintiff Copy furnished to: Counsel for the Defendant Address By: ________________ Date: ______________ EXPLANATION: The instant motion was filed with the Honorable Court via registered mail due to distance, thus, making personal service impracticable.

Counsel for the Plaintiff

9. Ex-Parte Motion

EX-PARTE MOTION TO SET THE CASE FOR PRE-TRIAL

PLAINTIFF, through the undersigned counsel, before this Honorable Court, most respectfully states that: <1> The Defendant was served with Summons and a copy of the Complaint in

the above case on _____ but up to the filing of the instant motion, the defendant failed to file her Answer despite the lapse of the reglementary period for filing thereof; <2> Section 1, Rule 18 of the 1997 Rules of Civil Procedure provides that after

the last pleading has been served and filed, it shall be the duty of the plaintiff to promptly move ex-parte that the case be set for pre-trial. WHEREFORE, premises considered, the plaintiff respectfully prays that the above case be set for pre-trial on any date most convenient with the Honorable Court, preferably on _____ at 8:30 oclock in the morning. Bacolod City for Kabankalan City, Philippines, this ___.

Counsel for the Plaintiff

THE BRANCH CLERK OF COURT RTC, Branch 61 Kabankalan City GREETINGS: Please submit the foregoing Ex-Parte Motion to Set the Case for Pre-Trial immediately upon receipt hereof.

Counsel for the Plaintiff

EXPLANATION The foregoing Ex-Parte Motion to Set the Case for Pre-Trial was filed before this Honorable Court through registered mail due to distance.

Counsel for the Plaintiff

3. Complaint for ejectment Republic of the Philippines Municipal Trial Court Hinigaran, Negros Occidental _______________, Plaintiff, - versus __________________, Defendants. x----------------------------x COMPLAINT COMES NOW PLAINTIFF, through the undersigned counsel, before this HONORABLE COURT most respectfully states that: <1> PLAINTIFF is of legal age, Filipino, married and a resident of Bacolod City, Negros Occidental, Philippines, where she may be served with pleadings, orders and other processes of this Honorable Court; Civil Case No. __________ For: Unlawful Detainer Mediatable

<2> DEFENDANTS are all of legal age, Filipinos, married and residents of Hinigaran, Negros Occidental, Philippines, where they may be served with summons and a copy of the Complaint, court orders, and other processes; <3> The PLAINTIFF is the registered owner of a parcel of land located at Hinigaran, Negros Occidental, Philippines, and more particularly described as follows: (insert description of lot) The photocopy of the Transfer Certificate Title No. T- ___ is hereto attached as Annex A and made an integral part hereof; <4> The Defendants were allowed to build their houses on portions of the

above-described property by the plaintiffs late mother during her lifetime on the condition that said that they would vacate the premises when the owner should demand them to vacate; <5> Sometime in May 2006, the plaintiff informed the defendants that she now

need the property as she will be developing it to a beach resort; <6> The defendants openly objected to vacate the area and manifested to the

plaintiffs attorney-in-fact that they will only leave when there is a court order; <7> Consequently, plaintiff referred the matter to her undersigned counsel who

sent final demand letters to vacate dated June 16, 2006 to all the defendants by registered mail. Defendants received the aforementioned demand on the same date, June 22, 2006. The photocopies of the final demand letters to vacate dated June 16, 2006, Certification dated 20 September 2006 issued by the Postmaster of Hinigaran, Negros Occidental, are hereto attached as Annexes ______, respectively, and made integral parts hereof; <8> The period of fifteen (15) days from receipt of the demand within which

defendants are being demanded to vacate the portion of the subject property which they are occupying has long lapsed, yet, the defendants continue to occupy the disputed premises and obdurately and contumaciously refuse to vacate the same up to the filing of the instant Complaint, to the great damage and prejudice of the plaintiff;

<9> The Plaintiff is entitled to the restitution of the premises and the sum justly due to her as reasonable compensation for the use and occupation of the premises in the amount of PESOS: ONE THOUSAND (P1,000.00), Philippine currency, per month from each of the Defendant counted from June 22, 2006 when defendants occupation, use and possession of the portion of plaintiffs property became unlawful up to the time that Defendants, their family members, agents and cohorts vacate the premises; <11> Prior to the filing of the instant Complaint, the plaintiff referred the matter to the Office of the Lupong Tagapamayapa of Barangay _____, Hinigaran, Negros Occidental. No amicable settlement between the parties was reached, hence, Lupon/Pangkat Chairman of Barangay ________, Hinigaran, Negros Occidental a Certificate to File Action dated August 16, 2006, the photocopy of which is hereto attached as Annex F and made an integral part hereof; <13> The instant controversy was filed by the Plaintiff within one (1) year from the defendants receipt of plaintiffs final demand letter to vacate dated June 16, 2006.

PRAYER WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that judgment be rendered in favor of the plaintiff and against the defendants<1> DIRECTING the Defendants, their family members, agents and cohorts

to vacate the premises in dispute and to order the demolition of any structure or improvements that they have built thereon; <2> DIRECTING each of the Defendants to pay to the Plaintiff the reasonable compensation for their use of the property in the amount of PESOS: ONE THOUSAND (P1,000.00), Philippine currency, per month counted from June 22, 2006 when defendants occupation, use and possession of portions of plaintiffs property became unlawful up to the time that Defendants, their family members, agents and cohorts vacate the portion of the disputed premises which they respectively occupy;

<3> Such other and further relief and remedies just and equitable under the premises are likewise prayed for. Bacolod City for Hinigaran, Negros Occidental, Philippines, this 27th day of October 2006.

Counsel for the Plaintiff

(With VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING by plaintiff)

4. motion to quash

MOTION TO QUASH COMES NOW the Accused, through the undersigned counsel, before this Honorable Court, most respectfully states that: <1> The Accused has not yet been arraigned. Under Section 1, Rule 117 of the

Revised Rules of Criminal Procedure, at any time before entering his plea, the accused may move to quash the complaint or information; <2> Accused is citing as grounds for the dismissal of the above complaint,

paragraphs (b) and (f) of Section 3, Rule 117 of Revised Rules of Criminal Procedure, which state that: Section 3. Grounds The accused may move to quash the complaint or information on any of the following grounds: (a) x x x x x (b) That the court trying the case has no jurisdiction over the offense charge or the person of the accused; (c) x x x x x (d) x x x x x (e) x x x x x

(f) That the criminal action or liability has been extinguished; (g) x x x x x (h) x x x x x

ARGUMENTS AND DISCUSSION The Accused is charged of the crime of Less Serious Physical Injuries (Under Article 265, paragraph 1 of the Revised Penal Code) in relation to R.A. 8369. The Amended Information dated July 1, 2002 in the above case states: That on or about the 4th day of August 2001, in the City of Bacolod, Philippines, and within the jurisdiction of this Honorable Court, the herein accused, without any justifiable case or motive, did, then and there willfully, unlawfully and feloniously assault, attack and stab with a bladed weapon one ____, thereby inflicting upon the person of the latter the following wound, to wit: PERLA, EOM intact. 12 cm. Incised wound left parieto-occipital area. 4 cm. Incised wound occipital area. 2 cm. Incised wound biceps. 2 cm. Incised wound right paravertebral level T2. 3 cm. Incised wound PAL 4th I.C.S. left

which required medical attendance for a period of fifteen (15) days within which to heal. Act contrary to law. The alleged crime took place sometime in 4 August 2001 but the Amended Information dated 1 July 2002 was filed before this Honorable Court only on July 5, 2002 or about eleven (11) months after the alleged commission of the crime. Article 90 of the Revised Penal Code provides that light offenses, which include the crime of slight physical injuries, prescribe in two (2) months. In addition thereto, Article 91 of the Revised Penal Code states that computation of prescription of offenses is computed as follows: The period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities or their agents, and shall be interrupted by the filing of the complaint or information, and shall commence to run against when such proceedings

terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him. xxxxx As the above Amended Information was filed after the lapse of the two (2) months prescriptive period or about eleven (11) months after the alleged commission of the crime, the criminal liability had already been extinguished. Consequently, this Honorable Court, with all due respect, has no authority to entertain the above-entitled case for it is barred by the statute of limitations. A court can only acquire jurisdiction to try a criminal case upon compliance of the requirements stated hereunder, as specified in the case of Jibin Arula vs. Brigadier General Romeo C. Espino, et. al. (28 SCRA 540, 567), to wit: To paraphrase: beyond the pale of disagreement is the legal tenet that a court acquires jurisdiction to try a criminal case only when the following requisites concur: (1) the offense is one which the court is by law authorized to take cognizance of, (2) the offense must have been committed within its territorial jurisdiction, and (3) the person charged with the offense must have been brought in to its forum for trial, forcibly by warrant of arrest or upon his voluntary submission to the court. x x x x x (Underline supplied for emphasis) WHEREFORE, premises considered, the Accused respectfully prays that the above criminal case be dismissed for having prescribed. Such other relief and remedies are likewise prayed for. Bacolod City , Negros Occidental this 10th day of October 2002.

Counsel for the Accused

THE BRANCH CLERK OF COURT Branch III, MTCC Hall of Justice Gatuslao St., Bacolod City THE HON. CITY PROSECUTOR Office of the City Prosecutor 3rd Floor Hall of Justice

Gatuslao St., Bacolod City GREETINGS: The Accused shall be submitting the instant Motion for Reconsideration for the consideration and resolution of the Honorable Court on March 2, 2007 at 8:30 oclock in the morning.

LEON G. MOYA, JR.

Copy furnished to:

THE HON. CITY PROSECUTOR Office of the City Prosecutor 3rd Floor Hall of Justice Gatuslao St., Bacolod City 4. Info/estafa

INFORMATION That on or about the ___________ and prior and subsequent thereto, in the City of Bacolod, Philippines, and within the jurisdiction of this Honorable Court, the herein accused, being then the owner of a (motor vehicle), and knowing fully well that he has previously sold it to ___________, did, then and there willfully, unlawfully and feloniously enter into a contract of sale of said property for the amount of _________ with the herein offended party, __________, by falsely representing that he still own the property and the said offended party relying on the representations of the accused, willingly purchased the said property and had already paid the total amount of ________ when he came to know about the said fact, to the damage and prejudice of the said offended party in the total amount of __________. Act contrary to law. (Bold highlight supplied.)