Legal Forms

Forms in Civil Proceedings, Part 2

GROUP 5 Karlo Cleto Gil Fernandez

Captions and Titles

Supreme Court

JUAN DELA CRUZ Petitioner, -versusPEDRO DELOS SANTOS Respondent. X----------------------X S.C. G.R. No. _____________ (Designation of the pleading)

Captions and Titles

Court of Appeals

JUAN DELA CRUZ Petitioner, -versusPEDRO DELOS SANTOS Respondent. X----------------------X C.A. G.R. No. _____________ (Designation of the pleading)

Captions and Titles

Regional Trial Court REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT ___ Judicial Region Branch ______ (Venue)

JUAN DELA CRUZ Petitioner,
-versusPEDRO DELOS SANTOS Respondent. X----------------------X Civil Case No. _____________ (Designation of the pleading)

Captions and Titles

Special Proceedings

In the Matter of ___________ Sp. Proc. No. ______

___________ Pleading)

(Designation of the

or when he is designated as unknown  May also be allowed for extraterritorial service of summons  . 14  When whereabouts of defendant is unknown. Sec.Motion for leave to effect service of summons by Publication When is summons by publication allowable? – Rule 14.

the Sheriff caused service of summon upon the defendant at given address at _____________________ but summons was not served as the address was found to be not existing.Motion for leave to effect service of summons by Publication (caption and title) EX-PARTE MOTION FOR LEAVE TO EFFECT SERVICE OF SUMMONS BY PUBLICATION Plaintiff thru counsel. 4. marked Annex “A. That as per sheriff’s Return of Summons dated ___________. That attached hereto and made an integral part of this motion is the affidavit of the plaintiff himself. it is respectfully prayed that service of summons in the above-entitled case be effected upon the defendant by publication in such places and for such times as the court may order (venue. and unto this Honorable Court. 3. signature) . 2. but efforts in this regard proved fruitless. That a diligent search and inquiry has been made to ascertain defendant’s present address.” setting forth the grounds for the application for leave to serve the said summons by publication WHEREFORE. in view of all the forgoing. That he is the plaintiff in the above-entitled case. respectfully avers: 1. date.

Motion to Dismiss Rule 16  Grounds:  ◦ ◦ ◦ ◦ ◦ Lack of jurisdiction over defendant Lack of subject matter jurisdiction Improper venue Lack of capacity to sue Lis pendens .

in view of the foregoing.Motion to Dismiss (Caption and Title) Motion to Dismiss Defendant thru counsel.) PRAYER WHEREFORE. respectfully moves this Honorable Court to dismiss the plaintiff’s complaint on the following grounds : 1. (venue. ARGUMENTS A. FRAUDS. THE CLAIM OR DEMAND SET FORTH IN THE PLAINTIFF’S COMPLAINT HAS BEEN RELEASED. THE SAID CLAIM OR DEMAND IS UNENFORCEABLE UNDER THE PROVISIONS OF THE STATUTE OF (Here state the reasons to support the second ground.) B. (here state the reasons to support the first ground. Said claim or demand is unenforceable under the provisions of the statute of frauds. defendant prays that plaintiff’s complaint be dismissed. 2. date. with costs against the plaintif f. signature) . The claim set forth in the plaintiff’s complaint has been released.

_________________________ at _________________p.Motion to Dismiss (cont. Personal service cannot be effected due to lack of manpower. as well as distance and time constraints. (Attorney’s signature) EXPLANATION AS TO SERVICE Copy of this Motion to Dismiss was served the counsel for plaintiff thru registered mail.) NOTICE OF HEARING To: Counsel for Plaintiff Address: Greetings! Please take notice that on Friday. or as soon thereafter as counsel may be heard. (Attorney’s signature) Copy furnished: Counsel for Plaintiff . the undersigned will ask this Honorable Court to approve the foregoing Motion to Dismiss..m.

Motion for Postponement Rule 15 – motions  Must be accompanied by affidavits when facts alleged are not of record or of judicial notice  .

setting said hearing thereof on January 10.Motion for Postponement (caption) URGENT MOTION FOR POSTPONEMENT COMES NOW the undersigned counsel for plaintiff and to this Honorable Court respectfully alleges: 1. 4. 2001 Malin Munro Counsel for the Plaintiff . That. 2001 at 8:30 am. 3. Bulacan. That the hearing in the aforecited case was by agreement of the parties and entered into long prior to the receipt of the notice in the above-entitled case. 2001 at 8:30 A. Branch V. WHEREFORE.M. in view thereof. 5. Teofisto Garcia annulment case set for January 10. the undersigned regrets that he could not appear before this Honorable Court on aforementioned date and hour. Makati City. 2001 be postponed to another date. That on the same date and hour. January 10. it is respectfully prayed that the hearing of the above-entitled case set for January 10. That the undersigned has today received a copy of the notice of hearing in the above-entitled case. 2. preferably on the second or third week of February. preferably on the second or third week of February 2001. 2001. before the Regional Trial Court of Malolos. That it is believed that the hearing set on said date may be postponed to another date. the undersigned will attend to the hearing of the case entitled Emilia Garcia vs.

Perpetuation of Testimony and Deposition  Mode of discovery ◦ Deposition pending action – Rule 23 ◦ Deposition before action or pending appeal – Rule 24 May be in the form of a deposition upon oral examination  Notice must be given  .

of which the petitioner has an interest. (venue. date. a resident of __________________ is the expected adverse party in the expected action: 6. it is respectfully prayed of this Honorable Court to issue and order authorizing the petitioner to take the deposition on oral examination of the above-named witnesses for the purposes of perpetuating their testimony. as follows. thru counsel. ____________________. and that the substance of the testimony to be elicited from each. and unto this Honorable Court. 3. 2. signature) (Notice of Hearing) . That the petitioner is of age. to wit: 4. That the following persons with their respective addresses will be examined.Motion for Perpetuation of Testimony or Deposition Before Action (Caption and Title) Motion for Perpetuation of Testimony or Deposition Before Action Petitioner. That. That the proposed testimony herein sought will establish the following facts: 5. That the subject matter of said expected action is _____________. are as follows: WHEREFORE. and a resident of _______________. That the petitioner expects to be a party to an action in the court of _____________but due to ____________________ is presently unable to bring it or cause it to be brought. respectfully avers: 1. single/married. in order to prevent a failure of justice.

Physical Examination of Person Rule 28  Also a mode of discovery  May be used when mental or physical condition of a party is in controversy  Examination by physician. who shall then report findings  .

That the movant is the defendant in a criminal case for serious physical injuries. who could make an unbiased physical examination of the person of the offended party for the purpose of determining the true extent and nature of such wounds. 5.Motion for Physical Examination of Person (Caption and title) MOTION Movant thru counsel. according to the medical report of Dr. __________________. alleged to have received physical injuries which would cause said offended party an illness for more than thirty (30) days. and unto this Honorable Court. place and manner above indicated. That the offended party. That Dr. 6. 3. signature) (Notice of Hearing) . 2. That the movant believes that the medical report on the extent and nature of the wounds received by the said offended party was exaggerated. respectfully avers: 1. 4. competent and impartial. 7. an order for physical examination of the offended party be issued by this Honorable Court at the time. it is respectfully prayed that in the interest of justice. and that the latter is feigning to be seriously ill in the hospital in order to magnify the crime alleged to have been committed by the movant. That the real extend and nature of the offended party’s wound is in controversy in this case. _____________ is a government physician. WHEREFORE. (venue. That such physical examination could be made during business hours of the day on ______________ at the __________________. date. presently confined at ______________.

after which judgment may be rendered by default .Motion to Declare Defendant in Default  May be asked when defendant does not answer complaint within the reglementary period.

May.Motion to Declare Defendant in Default (caption) MOTION TO DECLARE DEFENDANTS IN DEFAULT COMES NOW PLAINTIFF. 10. 1982. That up to now defendants have not yet served plaintiff their answer and they are in default. 2. respectfully alleges: 1. _____________________ Counsel for Plaintiff NOTICE OF HEARING . 1992. defendants Jose Locsin and Josefina Locsin were served with summons and copies of plaintiff’s complaint on March 10. WHEREFORE. it is respectfully prayed that defendants be declared in default for failure to file answer to the complaint within the reglementary period of time and it is further prayed that plaintiff be allowed to present its evidence ex-parte before the Branch Clerk of Court to any other person appointed by this Honorable Court to receive the same. by undersigned counsel and unto this Honorable Court. Malabon City for Manila. That as attached Sheriffs Return of Manila.

Answer Rule 6. Sec. 4 – kinds of pleadings  Where the defending party sets forth his defenses  .

A. Prayer for judgment in favor of defendant with respect to counterclaim. and For such other relief consistent with law and equity. DISCHARGE IN BANKRUPTCY. (venue. he shall specify so much of it as a true and material and shall deny only the remainder when the defendant is without knowledge or information sufficient to form a belief as to the truth of a material averment made in the complaint. ESTOPPEL. RELEASE. 2.Answer to a Complaint (Caption and title) Answer Defendant thru counsel. And as AFFIRMATIVE DEFENSES. and for costs. date. __________________. _________. That he admits paragraphs __________. the defendant alleges: A. provided that the court has jurisdiction to entertain the claim). WHEREFORE. state the substance of the matters which he will rely upon to support such specific denial. such counterclaim need not diminish or defeat the recovery sought by the plaintiff. Where the pleader desires to deny only a part or a qualification of an averment. and _________ of the complaint. B. That (here state defendant’s claim for money or other relief which he may have against the plaintiff. That he DENIES specifically each and every material allegation made in paragraphs __________. he shall so state) 4. 5. including FRAUD. STATUTE OF LIMITATIONS. FORMER RECOVER. B. As COUNTERCLAIM against the plaintiff. STATUTE OF FRAUDS. but may claim relief exceeding in amount or different in kind from that sought by the plaintiff. signature) (Verification) . and ___________ of the plaintiff’s complaint. That _____________. it is respectfully prayed that: a. and all other matters by way of confession and avoidance). and ____________ of the complaint. ILLEGALITY. and alleges that (Here. b. That (Here state as many affirmative defenses as defendant may have. That he is without knowledge or information to form a belief as to the truth of the averments made in paragraphs ___________ and ______________ thereof. respectfully avers: 1. the defendant alleges: That the defendant reproduces paragraphs _________________. _______________. All such grounds of defenses as would raise issues of facts not arising upon specific denials must be specifically pleaded. and in answer to plaintiff’s complaint. c. PAYMENT. Prayer for judgment in favor of defendant with respect to plaintiff’s complaint. 3.

so that actual merits of controversy may be determined  May be done once as a matter of rights before responsive pleading is served  Made only by leave of court. or correcting mistakes. when no longer a matter of right  .Amended Answer Rule 10  Adding or striking out of allegations or names of parties.

and unto this Honorable Court. dated ________________. it is respectfully prayed that the attached AMENDED ANSWER be admitted. in order that the real matter in dispute and all matters in this action may be completely determined. date. and for this purpose hereby present the attached AMENDED ANSWER. (venue. respectfully moves this court for leave to amend his ANSWER already filed. signature) (Notice of Hearing) . wherein the amendments sought to be incorporated are indicated by being underscored. WHEREFORE.Motion for Leave to Amend Answer (Caption and Title) MOTION FOR LEAVE TO AMEND ANSWER Defendant thru counsel.

or otherwise admits material allegations of the adverse party’s pleading. the court may on motion direct judgment on such pleading  Proper when no proof is offered of allegations in answer.Motion for Judgment on the Pleadings Rule 34  When answer fails to tender an issue. or when denial is made generally and not specifically  .

in view of the above admission. That the defendant. refers to the following matters: 3. thru counsel.Motion for Judgment on the Pleadings (Caption and Title) Motion for Judgment on the Pleadings Plaintiff. signature) (Notice of Hearing) . admits the material allegations of the plaintiffs complaint. That a judgment on the pleadings. and unto this Honorable Court. That said admission which fails to tender an issue. it is respectfully prayed that this Honorable Court direct judgment on the pleadings pursuant to Rule 34 of the Rules of Court. (Venue. in his answer. WHEREFORE. may be entered at this stage of the proceedings. date. respectfully shows: 1. 2.

540 SCRA 194)  Perfected by mere consent  Constitutes res judicata  May be assailed by motion to set aside the compromise on the grounds of a vice on consent  .. Country Bankers Corp.Motion for Judgment on Compromise Judgment may be rendered on the basis of a compromise agreement between the parties to the action(Diamond Builders Conglomeration v.

August 10. Manila. However. By: Fernando Dizon VERIZON CORPORATION By: Antonio Fernando NOTE: Considering that this is a joint motion. and to the Honorable Court. respectfully submit the following compromise agreement: 1. in order to assure immediate action by the court. costs and attorney’s fees. 2000.00 and undertakes to do the same within thirty (30) days from date hereof. notice and hearing may not be necessary.000. the parties may include a notice to the Branch Clerk of Court for the setting of the motion. WHEREFORE. That the defendant Verizon Corporation shall pay plaintiff in the total sum of PHP 13. it is respectfully prayed that the foregoing compromise agreement be approved and that judgment be rendered in accordance therewith. .000. assisted by their respective counsels. VERITIBLE INC. 2.Motion for Judgment on Compromise (caption) MOTION FOR JUDGMENT ON COMPROMISE COMES NOW the plaintiff and defendant Verizon Corporation. That plaintiff agrees to the foregoing and hereby waives its claim of interest.

accident.Motion for New Trial  Rule 37. 1 ◦ Within period of taking appeal ◦ Grounds materially affecting substantial rights:  Fraud. Sec. mistake or excusable negligence that could not have been guarded against  Newly discovered evidence that would have altered result that could not have been produced with reasonable diligence ◦ Must be supported by affidavits proving cause .

Accident.Motion for New Trial on the Ground of Fraud. that the case be set for pre-trial and trial on the merits. the defendant through the undersigned counsel and to this Honorable Court. that he be granted a new trial. as Annex “2” WHEREFORE. accident mistake or excusable negligence) Defendant has good and valid defenses to defeat plaintiff’s claim. (State valid defenses. respectfully alleges: (Allege facts constituting fraud. Signature of Counsel VERIFICATION NOTICE OF HEARING PROOF OF SERVICE EXPLANATION . and thereafter a new judgment be rendered holding defendant free and harmless from any liability and dismissing the complaint Place and date. defendant prays that the decision be reconsidered. defendant attaches herewith as part hereof. Mistake or Excusable Negligence (Copy Caption and Title) MOTION FOR NEW TRIAL COMES NOW. his affidavit supporting the accident or mistake and his good and valid defenses to defeat plaintiff’s claim.) In support of this motion.

defendant discovered and presented during trial. 2. Signature of Counsel . which are proposed to be introduced in evidence. Since said date or receipt if the judgment and before the period to appeal therefrom has lapsed. 5. The newly discovered evidence consist of the following: 3. Judgment against defendant was served on defendant on _______. defendant be allowed to present his newly discovered evidence thereat. respectfully alleges: 1. Duly authenticated documents.) 4. are attached hereto as Annexes “2” and “3”. defendant prays that the decision be reconsidered. Place and date. the case re-opened for trial. by whom such newly discovered evidence is expected to be given. The above newly discovered evidence would probably alter the results of the case.Motion for New Trial on the Ground of Newly Discovered Evidence (Copy Caption and Title) MOTION FOR NEW TRIAL COMES NOW. (List and describe the newly discovered evidence. WHEREFORE. The affidavit of ___(name of witness)__. and thereafter judgment be rendered in favor of defendant. is attached hereto as Annex “1”. the defendant through the undersigned counsel and to this Honorable Court.

and by co-party w/r/t cross-claim – arises out of same transaction  Leave of court is necessary. 11 – third-party claims  A claim that the defendant may have against a person not party to the action with respect to the complaint. by the plaintiff w/r/t the counterclaim. which may be obtained by motion  .Motion for Leave to File Third Party Claim Rule 6. sec.

the undersigned will ask this Honorable Court to approve the foregoing motion for leave to file the attached third party complaint. or as soon thereafter as the counsel may be heard. in accordance with law. (Attorney’s Signature) Copy furnished: Counsel for Plaintiff . date.Motion for Leave to File Third Party Claim (Caption and Title) MOTION FOR LEAVE TO FILE THIRD PARTY COMPLAINT Defendant by the undersigned attorney respectfully moves this Honorable Court to admit the filing of the attached third party complaint. for the reasons therein stated. WHEREFORE. signature) NOTICE OF HEARING: To: Counsel for plaintiff Greetings! Please take notice that on Friday. against _________________. ________________ at ______________ p. and that the same be served upon the third part defendant __________________.. it is respectfully prayed that the attached third party complaint be admitted and proper summons be served in accordance with the Rules of Court.m. (Venue.

Actions involving common questions of law or fact.Motion for Consolidation Rule 3. same transaction or set of transactions  Rule 31 – not same transaction  Rule 3 – by leave of court  Consolidation may be requested  . Sec. consolidation by order of court  Rule 3 . 6 – permissive joinder vs. Rule 31.

and 3. 2005. WHEREFORE.Motion for Consolidation (caption) MOTION FOR CONSOLIDATION COMES NOW the prosecution. and assigned to only one branch of this Court. Rule 119 of the Rules of Court on Criminal Procedure. City Prosecutor . That these cases are founded on the same facts and/or forming part of a series of similar character which may be tried jointly by one branch of this Honorable Court pursuant to Section 22. Marikina. July 17. City Prosecutor and to this Honorable Court respectfully alleges: 1. JOSEFINA MENDOZA Asst. 2. by undersigned Asst. it is respectfully prayed that these cases be consolidated. raffled. That the above-entitled cases are closely related to and inextricably interwoven with one another. That the prosecution will be presenting common evidence in these cases.

rights may not be fully protected in separate hearing  Leave of court required  . or have interest against both. or be situated as to be adversely affected by disposition.Motion for Intervention Rule 19 – may be filed any time before rendition of judgment by trial court  Filed by person with legal interest in the matter under litigation. must not unduly delay or prejudice the case. or in success/failure of parties.

That the intervenor’s rights can be fully protected in these proceedings rather than by filing a separate proceeding. for the following reasons: 1. or an interest against both. respectfully asks leave to file a complaint in intervention in the above-entitled case. or in the success of either of the parties. signature) (NOTICE OF HEARING) . WHEREFORE. it is respectfully prayed that the said _________________ be permitted to intervene in this action by filing a complaint (or answer) in intervention. date. through counsel. (Here state that intervenor has a legal interest in the matter in litigation.Motion for Intervention (Caption and Title) MOTION FOR INTERVENTION INTERVENOR. That this intervention will not in the least unduly delay or prejudice the rights of the original parties in the case. 2. (Venue. 3. or that he is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof).

. Signature of Counsel . Copy of the complaint-in-intervention is attached hereto and is served on the original parties. and that he may be adversely affected by the result of the proceedings) . Place and date.Motion for Intervention (Copy Caption and Title) MOTION FOR INTERVENTION COMES NOW. and that defendants be ordered to file their answer to the complaint-inintervention. WHEREFORE. __(Name of Intervenor)__ respectfully prays that he be allowed to intervene in the case as party plaintiff.. 2. Allowing movant to intervene will not unduly delay the adjudication of the case and will prevent multiplicity of suits 3. as shown by the service of motion along with its enclosed complaint-in-intervention. by undersigned counsel and to this Honorable Court respectfully alleges: 1. (allege facts showing intervenor’s legal interest in the matter under litigation. that the attached complaint-in-intervention be admitted. ___(Name of Intervenor)___.

] .Writ of Possession  A “ writ of execution employed to enforce a judgment to recover the possession of land. 1444. It commands the sheriff to enter the land and give possession of it to the person entitled under the judgment. p." [Black’s Law Dictionary. 5th ed..

not a party to the foreclosure suit.  . 291 (1976)] 2. provided the debtor is in possession of the mortgaged realty and no third person. 275 (1951). Navarro. Extrajudicial foreclosure of a real estate mortgage under Sec. [Ramos v. 7 of Act 3135 as amended by Act 4118. Manalac. 270.Writ of Possession A writ of possession may be issued under the following instances: 1. Court of First Instance. 69 SCRA 285. Rivera v. 89 Phil. Land registration proceedings under Sec. 17 of Act 496 [Estipona v. 61 Phil. had intervened. 201 (1935)] 3. Judicial foreclosure.

Writ of Possession  May be issued either: ◦ Within the one year redemption period. any question regarding the validity of the mortgage or its foreclosure cannot be a legal ground for refusing the issuance of a writ of possession .   Issuance is ministerial in character. upon the filing of a bond. without need of a bond. as is its implementation As a rule. or ◦ After the lapse of the redemption period.

7. 7 of Act 3135. order that a writ of possession issue. upon the filing of such petition. and the court shall. addressed to the sheriff of the province in which the property is situated.Writ of Possession  Sec. upon approval of the bond. furnishing bond in an amount equivalent to the use of the property for a period of twelve months. Such petition shall be made under oath and filed in form of an ex parte motion in the registration or cadastral proceedings if the property is registered. and in each case the clerk of court shall. 194 of the Administrative Code. In any sale made under the provisions of this Act. to indemnify the debtor in case it be shown that the sale was made without violating the mortgage or without complying with the requirements of this Act. the purchaser may petition the Court of First Instance of the province or place where the property or any part thereof is situated." . 496. who shall execute said order immediately. collect the fees specified in par. or of any other real property encumbered with a mortgage duly registered in the office of any register of deeds in accordance with any existing law. 11 of sec 114 of Act No. provides - "Sec. as amended by Act 4118. to give him possession thereof during the redemption period. or in special proceedings in the case of property registered under the Mortgage Law or under sec.

situated in Makati City covered by TCT No.Writ of Possession Petition for Issuance of Writ of Possession (caption) IN RE: PETITION FOR ISSUANCE OF WRIT OF POSSESSION OVER THOSE PROPERTIES COVERED BY TCT NO. That said Angel Locsin offered as collateral for her loan. Petitioner. That on June 12. T-2222 ISSUED BY THE REGISTRY OF MAKATI IN THE NAME OF ANGEL LOCSIN LRA CASE NO. a parcel of land and the improvements thereon. 2004. 2222 and more specifically described as follows: . a copy of which is hereto attached as Annex “A” and made an integral part hereof. by undersigned counsel. REC. NO. x--------------------------------x PETITION PETITIONER. __________ (LRA CAD. 2. 3. by way of real estate mortgage. to this Honorable Court respectfully states: 1. Petitioner is a domestic banking institution organized and existing under Philippine laws with principal office at _____________ and with legal capacity to sue and be sued. ___) BANCO DE DIAMANTE. Angel Locsin obtained a P2.5 million loan form petitioner and simultaneously executed a promissory note undertaking to repay the loan pursuant to the terms and conditions stipulated in the said promissory note.

WHEREFORE. That the auction sale was conducted by Notary Public Ocampo on February 12. Makati City. Certificate of Posting. 9. The Certificate of Sale was registered in the Registry of Deeds of Makati City on April 20. ordering Angel Locsin as well as all persons claiming rights under her. 11. The property purchased by petitioner at public auction will fetch a rental of about P800. 8.000 a year. to vacate the same or be ejected therefrom. (Signature of counsel) . her obligation to petitioner totaled P18.Writ of Possession TRANSFER CERTIFICATE OF TITLE NO. 2006 as scheduled. Pursuant to Section 7 of Act No. 3135 as ameded. 2006. hence this Petition. 2222 (description) 4. 5. Thereafter. the Notary awarded the property to petitioner and executed in the latter’ s favor a Certificate of Sale noted by the Clerk of Court and approved by the Honorable Executive Judge. For her failure and disregard of the demand to pay. 2222 of the Registry of Deeds of Makati City placing petitioner in possession of the property that it covered. 2005. if leased. Copy of said demand letter is hereto attached as Annex “E. 3135 as amended which provides: -----------------------12. petitioner through counsel. Copy of the Crtificate of Sale is hereto attached and made an integral part hereof as Annex “K”. That said Angel Locsin defaulted in the settlement of her loan.000 inclusive of accrued interests and other charges computed in the pertinent Settlement of Account. thorugh the Clerk of Court and Makati Notary Public Jericho Ocampo. Copies of the Notice.000. 10. Petitioner is willing and ready to post a bond equivalent to said amount. 2222 and complied with the posting and publication requirements of Act No. to extrajudicially foreclose the mortgage of Angel Locsin pursuant to the terms of her REM and the provisions of Act No. Notary Publuc Ocampo accordingly issued a Notice of Auction Sale by Notary Publuc over that property in Makati covered by TCT No.” 6. 3135 as ameded. Affidavit of Publication and pertinent issues and pages of the newspaper Abante wherein the Notice was actually printed are hereto attached and made integral parts hereof as Annexes “__________”. Demand for payment was made upon the above-named borrower by the same was ignored and disregarded. June 12. addressed a letter petition to the Honorable Executive Judge of this Court. Demand was made upon Angel Locsin to vacate subject premises and surrended to petitioner possession thereof but she failed and refused to comply. Petitioner participated thereat by submitting the highest and winning bid. it is respectfully prayed that judgment be rendered directing the issuance of a writ of possession over the said property covered by TCT No. 2006. Copy of the letter petition for foreclosure is hereto attached as Annex “F”. and granting such other reliefs and remedies just and equitable in the premises. As of October 12. copy of which is hereto attached and marked as Annex “D” and made an integral part of this petition. 7.

Project of Partition Sec. Rule 90  Project of partition of net estate among heirs  Filed by administrator  . 1.

after the payment of all debts. date. the following: WHEREFORE. and expenses of administration is as follows: (Here state the real and personal property subject to adjudication) Adjudication To: ________________. funeral charges. after due notice and hearing in accordance with law. it is respectfully prayed that the foregoing project of partition be approved. signature) With the concurrence and conformity of: (Name and signature of heirs) Notice of Hearing . and unto this Honorable Court. ______________. respectfully submits for approval the following project of partition: NET ESTATE OF DECEASED The net estate of the deceased. through counsel.Project of Partition (Caption and Title) PROJECT OF PARTITION Administrator in the above-entitled case. the following: To: ________________. (Venue.

The petition must also allege one or more acts of insolvency.000 (approx.  The creditors must be Philippine residents whose credits accrued in the Philippines. and must be verified by at least three of the petitioners.  The petition for involuntary insolvency must be filed in the Court of the place where the debtor resides or has his/its principal place of business. US $25) may seek a declaration of insolvency against a debtor. 20. 1956 Three or more creditors whose total credits exceed Ph P1.   .Petition for Involuntary Insolvency Sec. Act No. and did not become creditors by assignment within 30 days prior to the filing of the petition.

 The Court will require the debtor to show cause why he/it should not be declared insolvent. or if the debtor is not declared insolvent. If the Court finds the petition meritorious. upon motion. or withdrawn by the petitioners. direct the filing of an additional bond when deemed necessary. conditioned upon the payment to the debtor of all costs and damages occasioned by the proceedings in insolvency if the petition is dismissed by the Court. in such sum as the Court will direct. the Court will issue an order declaring the debtor insolvent.  . The Court may.Petition for Involuntary Insolvency The petition must be accompanied by a bond.

◦ All property of the insolvent not exempt by law from execution will be conveyed to an assignee-in-insolvency elected by the creditors.Petition for Involuntary Insolvency  Effect: an Order of Insolvency generally suspends all civil proceedings pending against the debtor. ◦ No discharge is granted to a corporation that is declared insolvent. . Property that is subject of a pledge or mortgage is not included in the debtor’s assets that are assigned to the assignee-ininsolvency for the satisfaction of the debtor’s general creditors.

The creditor recovers the balance by participating in the pro-rata distribution of the debtor’s estate.Petition for Involuntary Insolvency  Rights of secured creditors: ◦ A creditor whose credit is secured by a mortgage or pledge is allowed. ◦ If the secured creditor opts for foreclosure. or (ii) to pursue his/its claim in the insolvency proceeding together with other creditors. ◦ If the creditor pursues his claim in the insolvency proceeding. either (i) to foreclose the property subject of such security arrangement (notwithstanding the stay effected by the Order of Insolvency). after deducting the value of the property foreclosed. such creditor cannot participate in the election of the assignee-in-insolvency. by releasing or surrendering to the assignee-in-insolvency the properties subject of the pledge or mortgage. he may recover his credit by participating in the pro-rata distribution of the debtor’s estate. but will have to relinquish his security and surrender the properties subject of the security to the assignee-in- . But the creditor may be admitted in the insolvency proceeding to recover the balance of the debt. at its option.

◦ Credits that do not enjoy any preference with respect to specific property are satisfied in the order established in Article 2244 of the Civil Code.e.e. but must be paid concurrently and pro rata.g. certain types of credits enjoy preference with respect to specific movable or immovable properties (“Special Preferred Credits”).. i. appear in (i) a public instrument (i. credits secured by a pledge or mortgage) do not enjoy priority among themselves. All the remaining classes of Special Preferred Credits with respect to specific movable or immovable property (e. Article 2244 provides for the preference of certain claims and credits which. without special privilege. ◦ Among the Special Preferred Credits. in proportion to the amount of the respective credits..Petition for Involuntary Insolvency  Preference of Credits ◦ In an insolvency proceeding. respectively. These credits have preference among themselves in the order of priority of the dates of the instruments and of the judgments. .. the instrument is notarized) or (ii) a final judgment. taxes and assessments due upon the property to which the claims relate enjoy absolute preference.

assignment. In such a case. assignment. seizure. if the debtor. mortgage. sale.  Furthermore. if the pledge. sale. conveyance. mortgage. the attachment. any pledge. within 30 days before the filing of a petition to be declared insolvent by or against him. or in any way hindering. sequestration. sequestered. mortgage. or seized on execution. mortgage. procures any of his property to be attached. or in contemplation of insolvency. or makes any pledge. . or delaying the operation of the provisions of the Insolvency Law. sale. assignment. or (ii) preventing the property from being distributed ratably among his creditors. Under the Insolvency Law. sale. or transfer of property made by the insolvent within one month before the filing of a petition in insolvency by or against him. or if such seizure is made under a judgment which the debtor has confessed or offered to allow. being insolvent. except for a valuable pecuniary consideration made in good faith. that fact is deemed as prima facie evidence of fraud. or (iii) defeating the object of. conveyance. is considered void. assignment. or transfer of the property is not made in the usual and ordinary course of business of the debtor. or the value thereof. impeding. or conveyance is considered void.Petition for Involuntary Insolvency  Clawback provisions ◦ The assignee-in-insolvency may recover property given as security. transfer. or conveyance thereof to anyone with a view to: (i) giving a preference to any creditor or person having a claim against him. pledge. transfer.

and c. 3. That the debtor. within the jurisdiction of this court. 4. province of ______________. all of which accrued in the Philippines. Philippines. and his property be administered for the benefit of his creditors. should this petition be found to be without merit. That they are merchants engaged in business in _______________. That none of the petitioning creditors is a creditor by assignment within thirty days prior to the filing of this petition. 5. That none of the petitioning creditors of the said debtor in the aggregate sum of (not less than one thousand pesos). . and damages occasioned by these proceedings. conditioned as required by the Insolvency Law. That after notice and hearing. in accordance with the provisions of the Insolvency Law. he be adjudged insolvent. petitioners pray that. _________________. b. Requiring the above-named debtor to show cause at a time and place to be designated by this Honorable Court why he should not be adjudged an insolvent debtor. upon the filing of a bond in such sum as this Honorable Court may fix. and the delivery of any property belonging to such debtor to him or to any other person for his use or the transfer of any property by him. expenses. respectfully alleges: 1. and unto this Honorable Court. That the petitioners are willing to put up a bond with sufficient sureties in such sum as this Honorable Court may fix.Petition for Involuntary Insolvency (Caption and Title) PETITION Petitioners through counsel. That the debtor has committed the following acts of insolvency: (Here state any of the acts of insolvency mentioned in Sec. Forbidding the payment of any debts. an order be issued: a. to answer for all costs. 20. is a resident of ___________________. Act No. WHEREFORE. 1956) 6. 2.

but RTC may order preservation of rights . how filed: ◦ Verified petition for review ◦ 15 days from notice of decision ◦ 7 legible copies. copies of appealed judgments or orders and pleadings ◦ Certification under oath against forum shopping  Jurisdiction vests in CA. Sec.Petition for Review    Rule 41. 2 (b). Rule 42 Mode of appeal to the CA of cases decided by RTCs in exercise of their appellate jurisdiction Rule 42.

state briefly in chronological order the facts of the case. No question may be raised which has not been raised before the Commission. petitioner prays that this Honorable Court of Appeals grant this petition for review.) Prayer WHEREFORE. (Venue.Petition for Review (Caption and Title) PETITION FOR REVIEW Petitioner.) Reasons relied upon for allowance of a review (Here. and that pending this review. date signature) (Verification and Certification) . Only questions of law. the legal questions involved and the decision rendered. in view of all the foregoing. the decision of the Commission sought herein to be reviewed be stayed. respectfully asks for the review of the decision of the Secretary of Transportation and Communication rendered in the above-entitled case dated _________________ (and here state the nature of said decision). which must be distinctly set forth. in order that the same may be reviewed in accordance with law. and unto this Honorable Court of Appeals. may be raised in a petition for review of an order or decision rendered by the concerned agency. and to order the Secretary of Transportation and Communication to elevate to this Court the transcript of records of this case. through counsel. Summary Statement of Issues A summary statement of the facts of this case and the issues involved are as follows: (Here. and all the evidence introduced thereat. documentary as well as testimonial. state the reasons or arguments on each of the issues or questions involved. briefly and clearly.

Notice of Appeal Sec. or when case not completely disposed of  Filed with RTC that rendered decision  15 days from notice of judgment  . 2(a) and 5. except in special proceedings and cases of multiple or separate appeals. Rule 41  Ordinary appeals – of cases decided by RTC in exercise of original jurisdiction  Record on appeal not required.

(Venue. and appeals the same to the Court of Appeals. date. signature) . dated ________________.Notice of Appeal (Caption and Title) NOTICE OF APPEAL DEFENDANT (or plaintiff as the case may be) by the undersigned counsel hereby files a notice of appeal from the judgment of this Honorable Court in the aboveentitled case. a copy of which was received by counsel on _____________________.

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