All Forms by Atty Te

7/28/2019 All Forms by Atty Te

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PLEADINGS, PETITIONS, MOTIONS AND OTHER

JUDICIAL AND LEGAL FORMS(Revised 2007)

1

THEODORE O. TE2

Intended for Exclusive Use of the University of the Philippines College of Law Bar Examination Candidatesfor 2007, the Law Interns of U.P. Office of Legal Aid (UP-OLA), and the students in the authors classes.

Any other use, without permission of the author, is prohibited and all legal rights are reserved.

1These forms were first published in 1998 for use in the UP Law Bar Ops for that year.

2Assistant Professor and Director, University of the Philippines Office of Legal Aid; Ll.B., U.P. (1990); Grateful

acknowledgement is given to Feliz Marie M. Guerrero, Ll.B. U.P. (2008, expected) for invaluable assistance in re -

formatting, proofreading and updating of legal references.


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TABLE OF CONTENTS

Table of Contents ii

On Writing, Legally v

I. COMMON FORMS

A. Caption and Title 1

B. Prayer 1

C. Jurat 1

D.Verification 2

E. Certification against Forum Shopping 2

F. Combined Verification and Certification against Forum Shopping 2

G. Combined Verification, Certification against Forum Shopping, and Statementof Material Dates 3

H. Request for and Notice of Hearing 3

I. Proof of Personal Service 3

J. Proof of service by registered mail (with Explanation for failure to servepersonally) 4

K. Place, date, signature, address, Roll number, IBP receipt number, PTRnumber 4

L. Acknowledgement 5

M. Notice of Appeal 5

II. PLEADINGS AND OTHER LEGAL DOCUMENTS IN CIVIL PROCEDURE

A. Complaint (and other initiatory pleadings)

1. Complaint for ejectment with damages 6

2. Complaint for sum of money 7

3. Complaint for Replevin 8

4. Complaint to set period of years for lease 9

B. Answer with affirmative defenses and counterclaims

1. Answer with compulsory counterclaim 10

2. Answer with counterclaim and cross-claim 12

C. Pre-trial Brief 13

D. Motions

1. Motion to Dismiss (with Request for and Notice of Hearing) 15

2. Motion for leave of court to file pleading (with explanation for service byregistered mail) 16

3. Motion for Judgment on the Pleadings 17

4. Ex parte motion to set for trial 18

5. Motion for postponement 19

6. Motion for extension of time 20

7. Motion to declare defendant in default 21

8. Motion to lift order in default 22E. Special Civil Actions

1. Certiorari (with Injunction and/or TRO), Prohibition and Mandamus

a. Certiorari 23


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b. Prohibition 24

c. Mandamus 25

2. Quo warranto, Interpleader, Quieting of Title, and Declaratory Relief

a. Complaint in Interpleader 26

b. Action to Quiet (or Remove Cloud on) Title 27

c. Action for Declaratory Relief 28

d. Quo Warranto 29

III. PLEADINGS AND OTHER LEGAL FORMS IN CRIMINAL PROCEDURE

A. Complaint-Affidavit and Counter-Affidavit

1. Complaint-Affidavit 30

2. Counter-Affidavit 31

B. Information and Complaint1. Information (with Certificate of Preliminary Investigation or Inquest)

a. Bigamy 33

b. Theft 34

c. Attempted Rape 35

d. Frustrated Murder 36

C. Motions

1. Motion to Quash Information 37

2. Motion to Quash Search Warrant 38

3. Motion to Suppress Evidence 39

4. Motion for Bail 40

D.Application for Bail 41

IV. PLEADINGS AND OTHER LEGAL DOCUMENTS COMMON TO CIVIL AND CRIMINALPROCEDURE

A. Offer of Evidence and Opposition/Comment to Offer

1. Formal Offer of Evidence 42

2. Comment/Opposition to Offer 43

B. Demurrer to the Evidence

1. Criminal cases 44

2. Civil cases 45

C. Notice of Lis Pendens 46

D.Appearance as Counsel 47

E. Withdrawal as Counsel

1. Withdrawal with conformity of client 48

2. Withdrawal without conformity of client 48

F. Substitution of Counsel 49

G. Notice of Appeal 49

V. PLEADINGS AND LEGAL DOCUMENTS ON DOMESTIC CASES AND SPECIALPROCEEDINGS

A. Petition for Habeas Corpus 50

B. Petition for Adoption 51

C. Petition for Declaration of Nullity of Marriage with Application for Provisional 52


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Orders

D. Petition for Probate of Holographic Will 54

VI. DEEDS, CONTRACTS AND OTHER CORPORATE LEGAL DOCUMENTS

A. Special Power of Attorney 55

B. General Power of Attorney 55

C. Contract of Lease 56

D. Holographic Will 57

E. Notarial Will 57

F. Attestation Clause for a Notarial Will 58

G.Acknowledgement of a Notarial Will 58

H. Donation Inter Vivos 59

I. Acknowledgment of Nominee Status with Assignment of Shares 60J. Secretarys Certificate 61

K. Board Resolutions

1. Authority to Act 61

2. Increase in number of directors and necessary amendment to the Articlesof Incorporation 61

L. Deed of Assignment 62

M. Deed of Sale of Registered Land (unilateral) 63

N. Deed of Sale of Unregistered Land (unilateral) 64

O. Deed of Sale with Pacto de Retro (bilateral) 65

P. Deed of Repurchase of land sold under Pacto de Retro 66

Q. Deed of Sale with Mortgage 67

R. Dacion en Pago (Deed of Assignment of Real Estate in payment of debt) 68

S. Chattel Mortgage 69

VII. APPEALS AND OTHER RESORTS TO APPELLATE COURTS IN CRIMINAL AND CIVILPROCEDURE

A. Ordinary Appeals

1. in civil cases 70

a. from MTC (in original jurisdiction) to RTC (in appellate jurisdiction) 70

b. from RTC (in original jurisdiction) to CA 70

2. in criminal cases

a. from MTC (as trial court) to RTC (in appellate jurisdiction) 70

b. from RTC (as trial court) to CA 70

c. from RTC (as trial court) to SC 70

B. Petitions for Review

1. from RTC (as appellate court) or from quasi-judicial agencies to CA 71

2. from RTC (on pure questions of law) or CA (in appellate jurisdiction) to SC 71


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ON WRITING, LEGALLY

Therefore, its name was called Babel, becausethere the Lord confused the language of all the

earth. Genesis, 11:9, ESV

If brevity is the soul of wit, what now is to become of lawyers (and law students) whowould nonchalantly write a 100-page document and dare call it a Brief?

The traditional notion of legal writing is that it is a competition to put together as manyfour to five-syllable words in a one-paragraph sentence. The language of the law mystifies and

with this comes the power of the lawyer. The more obscure and obtuse the language, the greater

the need for a lawyer.

History has given us many language handicaps and obstacles to clarity and precision.Throughout four years of law school, the law student, who eventually becomes a lawyer, is

trained to think in archaic words and phraseslegalesewhich appear to have legal significance

but is actually too imprecise to help anyone understand what is going on. And to add to thebabelish situation, there are hundreds of words in a dead languageLatinthat have little

relevance to the contemporary world.

There is a sea change, however, going on in legal writing. More and more, pleaders are

asked to be clear and concise, precise not pedantic. Why waste five words when three will do?3

But change, as always, is difficult and painful. Yet, it is an essential response to todays evolving

legal profession. Indeed, when the most common means now of communicating is text, with its

own subculture and lingo, there must be a re-examination of the archaic manner by which legalwriting presents itself.

What this short introduction to the accompanying handbook of Pleadings, Petitions,Motions and Other Legal and Judicial Forms seeks to do is to put forth the need to write clearly

and concisely, precisely but not pedantically.

When a judges attention span is short and his backlog of reading is long, the need to

write concisely, clearly, precisely but not pedantically becomes absolutely clear.

Writing concisely and not pedantically, however, does not mean that the legal writerought to cut corners when it comes to substance as well as form; the only thing that that

guarantees is a baleful stare and a rude dismissal from the judge. Not only must the writer know

the arguments and the bases for his arguments, but she must also realize that these argumentsneed to be presented in a manner that is technically sufficient.

3My favorite, and many of my students will attest to this, is the absolutely archaic Comes Now, the Plaintiff, by the

undersigned counsel, unto this Honorable Court, respectfully states that as part of every pleading. Why waste 15

words, when 6 will do, thus: Plaintiff, by counsel, respectfully states that. The latter loses none of the legal

gravitas but loses every bit of the archaic pretense that mystifies the law and perpetuates the notion that laywers

know what they are doing each and every time.


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It is hoped that the forms presented here, with checklists4

of legal requirements and shortannotations, will provide the impetus for demystifying legal writing and legal drafting. These

forms come from actual forms used in the authors practice, some from worthy opponents and

still some from traditional form books, with updates to fit the current state of the Rules.

While this handbook was produced, primarily, with the bar examinees and the law internor law student in mind, it is hoped that it might prove helpful as well when September ends

5and

life, as a lawyer, begins in earnest.

Theodore O. Te

Room 105, Malcolm Hall

University of the PhilippinesAugust 2007

4Acknowledgment is given to Atty. Alex M. Enriquez, (Ll.B., UP, 1990) for the original template of the

Checklists, which have been updated to suit current practice.5VideGreen Day, Wake Me Up When September Ends, which has become an unofficial anthem for bar

examinees in the Philippines.


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I. COMMON FORMSA. Caption and Title

Republic of the PhilippinesNational Capital Judicial Region

REGIONAL TRIAL COURTBranch 1, Manila

____________________,Plaintiff,

-versus- Civil Case No._______________For _______________________

______________________,Defendant.

x - - - - - - - - - - - - - - - - - - x

B. PrayerPRAYER

WHEREFORE it is respectfully prayed, after notice and hearing, that the defendant be ordered topay the plaintiff the amount of One Million Pesos (Php.1,000,000) for actual and compensatory damages,Fifty Thousand Pesos (Php.50,000) for moral damages, Fifty Thousand Pesos (Php.50,000) for exemplarydamages, and Fifty Thousand Pesos (Php.50,000) for attorneys fees.

Other just and equitable reliefs are also prayed for.

C.

Jurat

SUBSCRIBED AND SWORN TO before me in the City of _______________ on this day of_________________, affiant exhibiting before me his community tax certificate no. _______________issued on __________________ at _____________________.

(Sgd.) N. O. TARIONotary Public

Until __________________PTR No. _______________Issued at ______________On ___________________

Doc. No.Page No.Book No.

Series of 2007.

Comment [FG1]:The CAPTION is that partof the pleading, which sets forth:1. the name of the court2. the title of the action3. the docket number, if assigned (Sec. 1,par. 1, Rule 7, ROC).

Comment [FG2]:The TITLE indicates thenames of the parties, who shall be namedin the original complaint or petition.However, in subsequent pleadings, it shallbe sufficient if the name of the 1st party oneach side be stated with an appropriateindication when there are other parties.

Their respective participation in the caseshall be indicated (Sec. 1, par. 2 &3, Rule

7, ROC).

Comment [FG3]:The JURAT accompaniesany notarized document that is declaratoryin nature, as opposed to a notarizeddocument that transmits rights orproperty, which must be accompanied byan ACKNOWLEDGMENT.

Note that if the document is subscribedbefore a public officer duly authorized totake oaths, then there is no need for theaffiant to produce a CTC nor for the entryinto a Notarial Register; thus, the italicizedportion of the JURAT is dispensed with butnot the oath itself.

Comment [FG4]: JURAT refers to an act inwhich an individual, on a single occasion:1. appears in person before a notary public(NP) and presents an instrument ordocument2. is personally known to the NP oridentified by the NP through competentevidence of identity as defined by theseRules3. signs the instrument or document in the

presence of the NP4. takes an oath or affirmation before theNP as to such instrument or document(Sec. 5, 2004 Rules on Notarial Practice,A.M. No. 02-8-13-SC effective August 1,2004).


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D. VerificationVERIFICATION

Republic of the Philippines )City of _______________ ) s.s.

C.K. Hilfiger, after having been duly sworn in accordance with law, deposes and states that:1. He is the plaintiff in the pleading/document entitled (pleading/document being verified)2. He has caused its preparation3. He has read it and the allegations therein are true and correct of his own knowledge or

based on authentic records.

(Sgd.) C.K. HILFIGER

PLUS: Jurat

NOTE: Pleadings required to be verified1. All pleadings under the Rules of Summary Procedure2. Complaints for

a. Forcible entryb. Unlawful detainerc. Replevin

3. Complaints with application for injunction or attachment4. Answer to complaint or counterclaim based on actionable documents5. Petitions for

a. Certiorarib. Prohibitionc. Mandamusd. Habeas Corpus

e. Change of Name

E.

Certification against Forum Shopping

CERTIFICATION AGAINST FORUM SHOPPING


C.K. Hilfiger, after having been duly sworn in accordance with law deposes and states that:1. He is the plaintiff in the case entitled (title of the case);2. He certifies that he has not commenced any action or filed any claim involving the same

issues before any other court, tribunal or quasi-judicial agency;3. To the best of his knowledge, there is no such pending action or claim;4. If he should learn that a similar action or claim has been filed or is pending he shall report

such fact within five (5) days from the discovery to this Honorable Court.


PLUS: Jurat

F. Combined Verification and Certification against Forum ShoppingVERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, C.K. Hilfiger, of legal age, do hereby state that: I am the Chief Executive Office of Alis Di-yanCompany and in such capacity, caused this Complaint to be prepared; I have read its contents and affirmthat they are true and correct to the best of my own personal knowledge; I hereby certify that there is noother case commenced or pending before any court involving the same parties and the same issue andthat, should I learn of such a case, I shall notify the court within five (5) days from my notice.

IN WITNESS WHEREOF, I have signed this instrument on _____________.


PLUS: Jurat

Comment [FG5]: A pleading is verified byan affidavit that the affiant has read thepleading and that the allegations thereinare true and correct of his personalknowledge or based on authentic records(Sec. 4, par. 2, Rule 7, ROC).

Under Sec. 4, par.3, Rule 7, a verificationbased on information and belief or uponknowledge, information and belief isconsidered defective and the pleadingunverified/unsigned.

Comment [FG6]: 1994 and 2004 BarExams

Comment [FG7]: Under Rule 7, Sec. 5, theplaintiff or principal party must certifyunder oath in the complaint, initiatorypleading, or sworn certification that:1.he has not commenced any action or filedany claim involving the same issues in anycourt, tribunal or quasi-judicial agencyand, to the best of his knowledge, no suchother action or claim is pending there2. if there is such other pending action orclaim, a complete statement of its presentstatus, and3. if he should thereafter learn that thesame or similar action or claim has beenfiled or is pending, he shall report that factwithin 5 days to the court where hiscomplaint or pleading was filed.

Failure to comply with this reqt is notcurable by mere amendment but shall because for dismissal w/o prejudice, UNLESSotherwise provided, upon motion and afterhearing.

Submission of a false certification or non-compliance with its undertakings shallconstitute indirect contempt of court, w/oprejudice to corresponding admin and crimactions.

Comment [FG8]: 2004 Bar Exams


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G. Combined Verification, Certification against Forum Shopping, and Statement ofMaterial Dates

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, C.K. Hilfiger, of legal age, do hereby state that: I am the Chief Executive Office of Alis Di-yanCompany and in such capacity, caused this Complaint to be prepared; I have received a copy of the[Order/Resolution/Decision] of the Court on 13 April 2007;I have read its contents and affirm that theyare true and correct to the best of my own personal knowledge; I hereby certify that there is no othercase commenced or pending before any court involving the same parties and the same issue and that,should I learn of such a case, I shall notify the court within five (5) days from my notice.

IN WITNESS WHEREOF, I have signed this instrument on _____________.

(Sgd.) C.K. HILFIGERPLUS: Jurat

H. Request for and Notice of hearingREQUEST FOR & NOTICE OF HEARING

THE BRANCH CLERK OF COURTMetropolitan Trial CourtQuezon City, Branch 39

Please submit the foregoing Motion to the Court for its consideration and approval immediatelyupon receipt hereofand kindly include the same in the courts calendar for hearing on Friday, 13 April2007 at 8:30 in the morning.

ATTICUS FINCH1 MockingBird StreetTimog Avenue, Quezon City

Please take notice that counsel has requested to be heard on Friday, 13 April 2007 at 8:30 in themorning.

(Sgd.) MITCH MCDEERECounsel for Defendant

2 The FirmLaguna Street, Quezon City

I. Proof of personal serviceCopy furnished through personal service:

Atty. Mitch McDeereCounsel for the Defendant2 The FirmLaguna Street, Quezon City

Comment [FG9]: NOTE: The Notice ofHearing is actuallyboth a REQUEST and aNOTICE; a REQUEST for the Branch Clerkof Court to include the motion in thecalendar for hearing on a specific date anda NOTICE to opposing counsel of thehearing date requested. In non-litigiousmotions or ex parte motions, it is sufficientthat the request not contain a date, and forthat purpose, the underlined portion in theRequest may be omitted with the Notice toopposing counsel simply stating thatcounsel will submit the motion to thecourt for approval immediately uponreceipt.


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J. Proof of service by registered mail (with Explanation for failure to servepersonally)

Copy furnished through registered mail:Atty. Mitch McDeereCounsel for the Defendant2 The FirmLaguna Street, Quezon CityRegistry Receipt No. ________Post Office ________________Date _____________________

EXPLANATION

The foregoing (designation of pleading, motion, etc.) and its attachment were served on Atty.Mitch McDeere by registered mail instead of personal service as counsel for petitioner only has onemessenger and personal service would have resulted in the motion not being filed on time to thedetriment of petitioner.

(Sgd.) ATTICUS FINCH


AFFIDAVIT

I, HARPER LEE, a messenger of Atty. Atticus Finch, with office address at __________________,after being duly sworn, deposes and states:

That on ______________________, I served a copy of the following pleadings/papers by

registered mail in accordance with Section 10, Rule 13 of the Rules of Court:

Nature of Pleading/Paper________________________________________________

in Case No. _________________ entitled ____________________ by depositing a copy in the post officein a sealed envelope, plainly addressed to (name of party or his/her attorney) at _______________ withpostage fully paid, as evidenced by Registry Receipt No. _____________________ attached and withinstructions to the post master to return the mail to sender after ten (10) days if undelivered.

TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on 13 April 2007, in the City ofManila, Philippines.

(Sgd.) HARPER LEEAffiant

PLUS: Jurat

K. Place, date, signature, address, Roll number, IBP receipt number, PTR numberCity of Manila, 13 April 2007.

Atty. Mitch McDeereCounsel for the Defendant2 The Firm, Laguna Street,Quezon City, Metro ManilaRoll No.IBP OR No., date and place of issuePTR OR No., date and place of issue

Comment [FG10]:The requirement is for awritten explanation if service is done by

registered mail instead of by personalservice; the explanation need not beverified, it being required only that it issigned. However, in the Supreme Court,where an Affidavit of Service is required, itmay be practical to combine theExplanation and the Affidavit of Service. Cf.Rule 13, sections 11 and 13.

Comment [FG11]: As per SC En BancResolution on Bar Matter No. 1132 datedNov. 12, 2002, all pleadings must indicatethe ff:

1. Roll of Attorneys number of counsel2. Current Professional Tax Receiptnumber (PTR No.)3. IBP Official Receipt or Life Membernumber


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L. AcknowledgmentRepublic of the Philippines )City of Manila ) s.s.

BEFORE ME, this 13th day of April, 2007 in the City of Manila, Philippines, personally appearedATTICUS FINCH, with [Valid Identification Document] (Drivers License No. N25-07-007777) issued by the[official agency] (Land Transportation Office) on 10 January 2007, known to me to be the same personwho executed the foregoing instrument, and who acknowledged to me that the same is his free act anddeed.

IN WITNESS WHEREOF, I have set my hand and affixed my Notarial seal on the day, year andplace written.

(Sgd.) N. O. TARIONotary Public

Until __________________PTR No. _______________Issued at ______________On ___________________

Doc. No.Page No.Book No.Series of 2007

NOTE: If the instrument consists of 2 or more pages, include the following after the 1st paragraph:

This instrument, consisting of ___ pages, including the page on which this acknowledgment iswritten, has been signed on the left margin of each and every page thereof by ___________ and his

witnesses (if any), and sealed with my

Notarial seal.

NOTE: If the instrument conveys 2 or more parcels of land, include the following after the 1st paragraph:

This instrument relates to the sale (or mortgage) of ___ parcels of land, and consists of ___pages including the page on which this acknowledgment is written, each and every page of which, on theleft margin, having been signed by ______________ and his witnesses (if any), and sealed with myNotarial seal.

M. Notice of AppealNOTICE OF APPEAL

Defendant, ABC, by counsel, respectfully appeals to this Honorable Court the Decision of thelower court dated 13 April 2007, a copy of which he received on 26 April 2007.

Quezon City, 2 May 2007.



Comment [FG12]: 1976, 1994 and 2004Bar Exams

Comment [FG13]:The Notary Publics sealmust be impressed on every page of thedocument notarized.


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II. PLEADINGS AND OTHER LEGAL DOCUMENTS IN CIVIL PROCEDUREA. Complaint (and other initiatory pleadings)

1.

Complaint for ejectment with damages

[1] Regional Trial CourtNational Capital Judicial RegionMETROPOLITAN TRIAL COURT

Quezon City, Branch 33

ALIS DI-YAN COMPANY,Plaintiff,

Civil Case No. 2222- versus - For: Ejectment

YOKO NGA,Defendant.

x ----------------------------------- x

COMPLAINT

PLAINTIFF, by counsel, respectfully states that:

[2] 1. Plaintiff is a foreign corporation organized and existing under the laws of France withbusiness 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 servedwith summons and other pertinent processes.

[3] 2. Plaintiff owns that property located at 112 Ocean Drive, Tuna Compound, Quezon Citywhich it leased to defendant under the terms and conditions stated in the Contract of Lease dated 1January 2005, which contract expires on 31 December 2006. 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 thelease as it would use the property for its business expansion; plaintiff then asked defendant to vacate thepremises. A copy of plaintiffs letter to defendant is attached as ANNEX B.

[4] 4. Despite demand duly made and received, defendant has refused to vacate the premisesand continues to occupy the property without plaintiffs consent. Resort to the Barangay conciliationsystem proved useless as defendant refused to appear before the Lupong Tagapamayapa. A Certificationto File Action is attached as ANNEX C.

5. Defendants act of dispossession has caused plaintiff to suffer material injury becauseplaintiffs business expansion plans could not be implemented despite the arrival of machineriesspecifically leased for this purpose at the rental rate of US$500 per month. Defendants continuedoccupation of the premises has also forced plaintiff to sue and to incur legal expenses amounting to FiftyThousand Pesos (P50,000.00).

[5] WHEREFORE, plaintiff respectfully prays for judgment in its favor by ordering defendant tovacate the property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff theamount of US$3,500 representing rentals on the machineries for seven (7) months and Fifty ThousandPesos (P50,000.00) for Attorneys fees.


[6]

Quezon City; 13 April 2007.

[7]

(Sgd.) ATTICUS FINCHCounsel for Plaintiff

[Address]

PLUS:1. [8]Verification and Certification against Forum Shopping2. Jurat

Comment [FG14]: Checklist:1. Caption and Title2. Parties/Capacity of Parties3. Material Allegations of Ultimate Facts4. Statement of Cause(s) of Action5. Prayer/Reliefs6. Date/Place of Execution7. Signature of Counsel8. Verification and Certification AgainstForum Shopping

Comment [FG15]: 1976, 1982, 1985,1988, 1993, 1994, 1996, 1997 and 2000Bar Question

Comment [FG16]:This particularallegation may actually be unnecessaryconsidering the facts given and that theplaintiff is a juridical person. It is includedin this complaint simply for educationalpurposes as a representative allegation ofthis fact.

Comment [FG17]: A new requirementspecifically provided under Rule 7, section2(d).

Comment [FG18]: Significant amendmentintroduced by 1997 Rules on CivilProcedure; cf. Rule 7, section 3.


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2. Complaint for sum of money[1] Republic of the PhilippinesNational Capital Judicial Region

REGIONAL TRIAL COURTBranch 101, Makati City

ESTA PADORA,Plaintiff,

Civil Case No. 000882- versus - For: Sum of Money

MANGGA GANTSO,Defendant.

x -------------------------- x

COMPLAINT


[2] 1. Plaintiff is a Filipino, of legal age, and resident of 6750 Forbes Park, Makati City;defendant is also a Filipino, of legal age and resident of 6752, Forbes Park, Makati City, where he may beserved with summons and other processes.

[3] 2. Sometime in January 2005 and over a period of six (6) months, defendant borrowedcertain amounts from plaintiff. Defendant promised to pay these amounts on an installment basismonthly. These amounts now total Nine Hundred Thousand Pesos (P900,000.00).

[4] 3. Despite repeated demands, both oral and written, defendant failed or has refused to payany amount to plaintiff as no installment payment has even been made. A copy each of plaintiffs two (2)demand letters is attached as ANNEX A and B.

4. Resort to the Barangay Conciliation process proved fruitless as defendant failed to appear,despite notice on him to appear. Thus, a Certification to File Action, a copy of which is attached as

ANNEX C, was issued by the Barangay Chairman.

5. Defendants obligation is due and demandable and plaintiff is entitled to the payment of the

entire amount of Nine Hundred Thousand Pesos (P900,000.00) plus legal interest.

6. By reason of defendants unreasonable failure or refusal to pay his due and demandableobligation, plaintiff was forced to engage the services of counsel to vindicate his rights therebycommitting himself to pay legal expenses amounting to Fifty Thousand Pesos (P50,000.00).

[5] WHEREFORE, plaintiff respectfully prays for judgment in his favor through a Decisiondirecting defendant to pay him NINE HUNDRED THOUSAND PESOS (P900,000.00), with legal interest, as

ACTUAL DAMAGES and FIFTY THOUSAND PESOS (P50,000.00) as Attorneys Fees.


[6] Quezon City for Makati; 13 April 2007.

[7] (Sgd.) ATTICUS FINCHCounsel for Plaintiff

[Address]

PLUS:[8]Verification and Certification against Forum Shopping

Comment [FG19]: 1978 Bar Question


Comment [FG21]: Please note that thisportion is indispensable to the filing of aComplaint as it is required that every

Complaint state in the body as well as inthe prayer the amount of damages sought.This is jurisdictional and a complaint thatfails to comply with this requirement isfatally defective.


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3. Complaint for Replevin[1] Republic of the PhilippinesNational Capital Judicial Region

REGIONAL TRIAL COURTBranch 101, Makati City

HURTS RENT-A-CAR,represented by AKIN NAYAN,

Plaintiff,Civil Case No. 000088

- versus -

YOKO NGA,

Defendant.x----------------------------------- x

COMPLAINT

Plaintiff, by counsel, respectfully states that:

[2] 1. Plaintiff is the general manager of Hurts Rent-A-Car with offices at Makati City; defendantis a Tongan, temporarily residing at Bayview Hotel, Roxas Boulevard, Manila.

[3] 2. Hurts Rent-A-Car is the registered owner of a Honda CRV with license plate number XLV-675, which defendant, on 3 March 2005, rented from plaintiff for a period of one (1) week.

[4] 3. On 15 March 2005, plaintiff demanded from defendant the return of the car butdefendant failed and refused to do so.

4. The car has not been taken for a tax assessment or a fine pursuant to law nor has it beenseized on execution or attachment. Its present value is approximately Nine Hundred Thousand Pesos(P900,000.00).

5. Plaintiff is ready, willing and able to give bond in defendants name in double the value of theproperty for the return of the property to defendant should that be adjudged or for the payment of suchsum that defendant may recover from plaintiff in this action.

[5] WHEREFORE, plaintiff respectfully prays that the writ of replevin issue directing the Sheriff orany other authorized officer to take possession of the car and dispose of it in accordance with the Rulesof Court and, after hearing, judgment be rendered declaring plaintiff to be lawfully entitled to thepossession of the car and sentencing defendant to pay its value.

[6] Quezon City for Makati City; 13 April 2007.

[7] (Sgd.) MITCH MCDEERECounsel for the Plaintiff

[Address]





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4. Complaint to set period of years for lease[1] Republic of the PhilippinesNational Capital Judicial Region

REGIONAL TRIAL COURTBranch 161, Pasig City

NANG UUPA,Plaintiff,

Civil Case No. 00111- versus -

NAGPA PAUPA,Defendant.

x ---------------------- x

COMPLAINT


[2] 1. Plaintiff and Defendant are both Filipino citizens and of legal age; plaintiff resides at 1-A,Cruz Street, Pasig City while defendant resides at 2 Frisco Street, Pasig City, where he may be servedwith summons.

[3] 2. On 1 January 2003, defendant leased to plaintiff the premises at 1-A Cruz Street, PasigCity for a monthly rental of One Thousand Pesos (P1,000.00) to be paid within the first five (5) days ofeach month.

3. There is no fixed period for the lease agreement except that rentals are to be paid by themonth.

[4] 4. Plaintiff has been paying the rentals as they fall due each month, without fail. However,on 4 April 2006, defendant gave notice to plaintiff that he is terminating the lease agreement by the endof August 2006.

5. Considering that the period of lease has not been fixed, this Honorable Court may fix a longerperiod of time as the lessee has been occupying the place for a period of three (3) years. A period of two(2) years is reasonable considering that the lessee has no place to transfer to immediately and that hehas introduced substantial improvements to the premises amounting to Fifty Thousand Pesos(P50,000.00).

[5] WHEREFORE, it is respectfully prayed that this Honorable Court fix a period of years for thelease between plaintiff and defendant.

[6] Quezon City for Pasig City; 13 April 2007.


[Address]




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B. Answer with affirmative defense and counterclaim1. Answer with compulsory counterclaim

[1] Regional Trial CourtNational Capital Judicial RegionMETROPOLITAN TRIAL COURT

Branch 33, Quezon City

ALIS DI-YAN COMPANY,Plaintiff,

Civil Case No. 2222- versus - For : Ejectment

YOKO NGA,

Defendant.x ----------------------------------- x

ANSWER(With COUNTERCLAIM)

DEFENDANT, by counsel, respectfully states that:

Admissions/Denials

[2] 1. He admits the contents of paragraph 1 only insofar as his personal circumstances butspecifically denies the contents insofar as plaintiffs personal circumstances for the reason stated in the

Affirmative Defenses below.

2. He admits the contents of paragraph 2 only where it states that a Contract of Lease wasentered into but specifically denies that the Contract reflects the true intent of the parties as explained in

the Affirmative Defenses below.

3. He admits the contents of paragraph 3 only as to the fact that demand to vacate was madebut specifically denies its contents as to the truth of the reasons for the letter for lack of knowledgesufficient to form a reasonable belief as to its truth or falseness..

4. He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in theAffirmative Defenses below.

Affirmative Defenses

[4] 5. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar asthey are material and additionally submit that the Complaint should be dismissed because:

5.1. Plaintiff has no capacity to sue as it is a foreign corporation doing businessin the Philippines without a license.

5.2. The Complaint fails to state a cause of action as the Contract of Lease(ANNEX A) was, before its expiration, superceded by a Deed of Absolute Sale wherebyplaintiff sold to defendant the parcel of land in question, a copy of which is attached as

ANNEX 1.

Counterclaim

[5] 6. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar asthey are material and additionally submit that he is entitled to relief arising from the filing of thismalicious and baseless suit, as follows:

6.1. Moral Damages amounting to One Million Pesos (PHP1,000,000/00)because his name and reputation were besmirched by this malicious and baseless suit.

6.2. Attorneys Fees amounting to One Hundred Thousand Pesos (P100,000.00)because he was compelled to secure services of counsel to vindicate his legal rights.

[6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor bydismissing the Complaint and granting defendants counterclaim by awarding defendant: (a) One MillionPesos as Moral Damages, and (b) Fifty Thousand as Attorneys Fees.

Other just and equitable reliefs are prayed for.

Comment [FG25]: Checklist:1. Caption2. Denials/Admission3. Statement of Affirmative Allegations4. Statement of Affirmative/NegativeDefenses5. Counterclaim6. Prayer/Relief7. Date/Place of Execution8. Signature of Counsel9. Verification10. Certification against Forum Shopping11. Proof of Service

Comment [FG26]: 1976 and 1983 BarExams


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[7] Quezon City; 13 April 2007.

[8] (Sgd.) MITCH MCDEERECounsel for Defendant

[Address]

[9 & 10]VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, YOKO NGA, of legal age, do hereby state that: I am the defendant in the case filed by Alis Di-yan Company for ejectment; in response, I have caused the preparation of this Answer withCounterclaim; I have read its contents and affirm that they are true and correct to the best of my ownpersonal knowledge;

I specifically deny the genuineness and due execution as well as the

binding effect of the actionable documents pleaded by plaintiiff; I hereby certify that there is noother case commenced or pending before any court involving the same parties and the same issue and

that, should I learn of such a case, I shall notify the court within five (5) days from my notice.

IN WITNESS WHEREOF, I have signed this instrument on 13 April 2007.

(Sgd.) YOKO NGA

PLUS:1. Jurat (IF any document is denied)2. [11] Proof of Service (personal service or service by registered mail)

Comment [FG27]: Rule 7, section 5requires that any initiatory pleading,among which is a counterclaim, must beaccompanied by a Certification againstForum Shopping. Also please note that anAnswer need not be verified BUT if thereis a specific denial of an actionabledocument, such as that contained here,then the Answer must be verified. Seeagain Rule 8, secs. 7 (definition of

actionable document), 8 (how to contestsuch documents), 10 (requirements of aspecific denial), 11 (effects of failure tospecifically deny).

Comment [FG28]: Representative specificdenial under oath, as required by theRules, in relation to any actionabledocument.


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2. Answer with counterclaim and cross-claimSee Form No. B-1, supra, but add--

[5] Crossclaim

7. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as theyare 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-defendantMANGGA GANTSO acted as the duly authorized agent of plaintiff in the sale of the property and, acting assuch, received consideration, in the form of the purchase price, from defendant.

[6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by1. dismissing the Complaint, and

2. granting defendants counterclaim by awarding defendanta. One Million Pesos (Php.1,000,000) as Moral Damages, andb. Fifty Thousand Pesos (Php.50,000) as Attorneys Fees.

3. In the event that defendant is made liable to plaintiff on the Complaint, he further prays thatco-defendant MANGGA GANTSO be made liable to indemnify defendant in the same amountunder the Crossclaim.

[7] Quezon City; __________________.

[8] (Sgd.) MITCH MCDEERECounsel for Defendant

[Address]

PLUS:1. [9 & 10]Verification and Certification against Forum Shopping2. Jurat (IF document is denied)

3. [11] Proof of Service (personal service or service by registered mail)

Comment [FG29]: Checklist:1. Caption2. Denials/Admission3. Statement of Affirmative Allegations4. Statement of Affirmative/NegativeDefenses5. Cross-claim6. Prayer/Relief7. Date/Place of Execution8. Signature of Counsel9. Verification10. Certification against Forum Shopping11. Proof of Service


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C. Pre-trial BriefRepublic of the Philippines

National Capital Judicial RegionREGIONAL TRIAL COURTBranch 90, Quezon City

LAKISA LAYAW,Plaintiff,

Civil Case No. 97-31312- versus -

LAKISA HIRAP,Defendant.

x ------------------------------------- x

PRE-TRIAL BRIEF

DEFENDANT, by counsel, respectfully submits her Pre-Trial Brief, as follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT

AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT

1.1. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation ofopenness from plaintiff, defendant is open to the possibility of amicably settling this dispute.

[1 & 2] 1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, defendantrespectfully submits that the desired terms of any amicable settlement would involve, first, a clarificationof the actual extent of any obligation due and owing to plaintiff inasmuch as there is nothing to indicate

defendants obligations to plaintiff and, second, a schedule of payments.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1. Plaintiff seeks principally to recover the amount of Twenty Two Million Eight HundredEighteen Thousand Nine Hundred Forty Eight Pesos and Thirty Centavos (PHP22,818,948.30) withinterest at twelve percent (12%) arising allegedly from unpaid orders delivered to defendant variously in1989.

2.2. Defendant resists plaintiffs claims based on a failure to state a cause of action because of :

2.2.1. Plaintiffs lack of personality to sue and, therefore, not being the realparty in interest under Rule 3, section 2 of the 1997 Rules of Civil Procedure;

2.2.2. Extinguishment of the alleged claim made by the entity RegencyFurniture.

2.3. Defendant also interposed a compulsory counterclaim for Two Million Pesos(PHP2,000,000.00) for moral damages and Two Million Pesos (PHP2,000,000.00) for exemplary damagesand One Hundred Thousand Pesos (PHP100,000.00) as attorneys fees.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

[3] 3.1. Defendant admits only those facts stated in her Answer, i.e., her personalcircumstances, receipt of the demand letter dated January 5, 1997 and her reply to the demand letter.

3.2. Subject to a concrete proposal for stipulation of additional facts from plaintiff during pre-trial or even thereafter, defendant admits no other facts stated in the Complaint.

IV. ISSUES TO BE TRIED

[4] 4.1. Defendant submits that the following issues put forward by plaintiff are subject toproof:

4.1.1. Plaintiffs personality to seek legal relief;4.1.2. Plaintiffs entitlement to the amount claimed;

4.2. Defendant submits that the following issues she put forward are subject to proof:

4.2.1. Plaintiffs bad faith in filing this suit;

Comment [FG30]: Rule 18, section 6.Checklist:1. Proposed terms for amicable settlement2. Alternative modes of dispute resolution3. Summary of admitted facts4. Proposed stipulation of facts and issues5. Documents to be presented6. Names of witnesses and substance oftheir testimony7. Resort to discovery8. Available trial dates

Comment [FG31]: NOTE: There is no needto attach a Notice of Hearing for a Pre-TrialBrief. Also, pre-trial is now mandatory incriminal cases under Rule 118, 2000Rules on Criminal Procedure as well asunder RA 8493 (The Speedy Trial Act),although neither the law nor the Rulesrequire the submission of a Pre-Trial Briefin criminal cases (in practice, courts alsodo not require the submission of a pre-trialbrief in criminal cases). Consequently, therequirement of a pre-trial brief and theconsequences for failure to submit one(e.g., non-suit or dismissal) appear topertain exclusively to civil cases.

Comment [FG32]:This is a newrequirement imposed by the 1997 Rules onCivil Procedure.


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4.2.2. Defendants entitlement to the claims made in her CompulsoryCounterclaim as a result of plaintiffs bad faith;

V. EVIDENCE

[6] 5.1. Defendant intends to present the following witnesses:

5.1.1. Defendant herself, who will testify on the true circumstances leading tothe filing of this suit against her;

5.1.2. An employee of Topless Enterprises with personal knowledge as to thetrue circumstances behind the alleged obligations due and owing in favor of plaintiff.

[5] 5.2. Defendant reserves the right to present any and all documentary evidence which shall

become relevant to rebut plaintiffs claims in the course of trial as well as any other witnesses whosetestimony will become relevant to belie plaintiffs witnesses, if necessary.

VI. RESORT TO DISCOVERY

[7] 6.1. Considering the relatively simple issues presented, defendant does not intend to avail ofdiscovery at this time.

6.2. Subject, however, to a concrete and reasonable request for discovery from plaintiff,defendant reserves the right to resort to discovery before trial.

RESPECTFULLY SUBMITTED.


(Sgd.) MITCH MCDEERE

Counsel for Defendant[Address]

Copy furnished:

Atty. MA BOLACounsel for Plaintiff


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D. Motions1.

Motion to dismiss (with request for and notice of hearing)

Republic of the PhilippinesNational Capital Judicial RegionMETROPOLITAN TRIAL COURT

Branch 39, Quezon City

LAKI ASSET COMPANY,Plaintiff,

Civil Case No. 3333- versus - For: Sum of Money

DAMI UTANG CORPORATION,

Defendant.x --------------------------------------- x

MOTION TO DISMISS

DEFENDANT, by counsel, respectfully moves to dismiss the Complaint on the ground that theComplaint fails to state a cause of action as [1] THE OBLIGATION SOUGHT TO BE ENFORCED BYPLAINTIFF IS NOT YET DUE AND DEMANDABLE, as shown by the following:

[2] 1. Allegedly, plaintiff has failed to reach the quotas agreed upon under the MarketingAgreement dated 1 January 2006; defendant now seeks to collect the sum of TWO HUNDREDTHOUSAND PESOS (P200,000.00), representing the balance of the proceeds due plaintiff under the saidMarketing Agreement.

2. The contract is for one (1) year and defendant is given that same period to reach the quotaspecified therein; the period of one (1) year has not expired. Consequently, plaintiffs claim is premature

as there is yet no breach of the Marketing Agreement until the period expires and the quota is notattained. For this reason, plaintiffs Complaint states no cause of action and must be dismissed.

[3] WHEREFORE, defendant respectfully prays that the Complaint be DISMISSED for failure tostate a cause of action.




[Address]

[4]

REQUEST FOR & NOTICE OF HEARING

THE BRANCH CLERK OF COURT

Metropolitan Trial CourtBranch 39, Quezon City

Please submit the foregoing Motion to the Court for its consideration and approval immediatelyupon receipt hereof and kindly include the same in the courts calendar for hearing on Friday, 27 April2007 at 8:30 in the morning.

ATTICUS FINCH1 MockingBird StreetTimog Avenue, Quezon City

Please take notice that counsel has requested to be heard on Friday, 27 April 2007 at 8:30 in themorning.



PLUS:[5]

Proof of Service

Comment [FG33]: Cf. Rule 15, 1997 Ruleson Civil ProcedureChecklist:1. Ground(s)2. Argument(s)3. Prayer/Relief4. Notice of Hearing5. Proof of Service6. Attachments (if any)7. Verification (in certain cases)

Comment [FG34]: 1988 and 2002 BarQuestion

Comment [FG35]: Rule 15, section 5; Cf.Rule 15, section 4 (on period of service)

Comment [FG36]: Rule 15, section 6 inrelation to Rule 13, section 13


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2. Motion for leave of court to file pleading (with explanation for service by

registered mail)

Republic of the PhilippinesSUPREME COURT

ManilaLAKI UTANG,

Petitioner,G.R. No. ________

- versus -

DAMI LUPA,Respondent.

x ------------------------- x

MOTION FOR LEAVE

OF COURT TO FILE REPLY WITHMOTION TO ADMIT ATTACHED REPLY

PETITIONER, by counsel, respectfully states that:

[1] 1. Petitioner received a copy of respondents Comment to his petition on 3 January 2006.The Comment contains several allegations of fact and misinterpretations of the record that may misleadthe court and need to be corrected. For this reason, petitioner intends to file a Reply.

[2] 2. Under existing rules, a Reply can no longer be filed as a matter of course. Consequently,petitioner seeks leave of this Court to file the said Reply, a copy of which, pursuant to the 1997 Rules onCivil Procedure, is attached to this motion.

[3] WHEREFORE, petitioner respectfully prays that he be granted leave of court to file a Reply

and for the Court to admit the attached Reply.

Quezon City for Manila; 5 January 2007.

(Sgd.) ATTICUS FINCHCounsel for the Petitioner

[Address]

PLUS:1. [4] Request for and Notice of Hearing2. [5] Explanation for service by registered mail

Comment [FG37]: Cf. Rule 13, section 13Checklist:1. Ground(s)2. Argument(s)3. Prayer/Relief4. Notice of Hearing5. Proof of Service6. Attachments (if any)7. Verification (in certain cases)

Comment [FG38]: In motions filed beforethe Supreme Court and the Court ofAppeals, a Notice of Hearing is notrequired.

Comment [FG39]: Under Rule 15, section9, 1997 Rules on Civil Procedure, a motionfor leave to file a pleading or motion shallbe accompanied by the pleading or motionsought to be admitted.

Comment [FG40]:The requirement is for awritten explanation if service is done byregistered mail instead of by personalservice; the explanation need not beverified, it being required only that it issigned. However, in the Supreme Court,where an Affidavit of Service is required, itmay be practical to combine theExplanation and the Affidavit of Service. Cf.Rule 13, sections 11 and 13.


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3. Motion for judgment on the pleadingsRepublic of the Philippines



Civil Case No. 97-31312- versus - For: Sum of Money


x ------------------------- x

MOTION FOR JUDGMENT ON THE PLEADINGS

Plaintiiff, by counsel, respectfully states that:

1. On 6 July 2005, plaintiff sued defendant for a sum of money in the amount of Nine HundredThousand Pesos (P900,000.00).

[1 & 2] 2. In his Answer, defendant admitted the obligation and merely stated that he wasasking to be given an extension of time to pay his obligation but that plaintiff instead filed this Complaint.The Answer admits the material allegations of the Complaint and has not tendered any issue;consequently, a judgment on the pleadings may be rendered.

[3] WHEREFORE, plaintiff respectfully prays a judgment on the pleadings be rendered in hisfavor.


(Sgd.) ATTICUS FINCHCounsel for the Plaintiff

[Address]

PLUS:1. [4] Request for and Notice of Hearing2. [5] Proof of Service


Comment [FG42]: Checklist:1. Ground(s)2. Argument(s)3. Prayer/Relief4. Notice of Hearing5. Proof of Service6. Attachments (if any)7. Verification (in certain cases)

Comment [FG43]: NOTE: This is a litigiousmotion, i.e., it must be set for hearing.

Thus, a specific hearing date must berequested and notice thereof given toadverse party through counsel.


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4. Ex parte motion to set for pre-trialRepublic of the Philippines



Civil Case No. 97-31312- versus -


x ------------------------- x

EX PARTE MOTION TO SET CASE FOR PRE-TRIAL


[1] 1. On 1 June 2006, defendant submitted her Answer to the Complaint, thereby causing theissues to be joined.

[2] 2. This case is, thus, ripe for pre-trial. Complying with Rule 18, Section 1 of the 1997 Ruleson Civil Procedure, plaintiff respectfully asks that this case be set for pre-trial.

[3] WHEREFORE, plaintiff respectfully prays that this case be set for pre-trial on a dateconvenient to this Honorable Court.



[Address]

[4]

REQUEST AND NOTICE

THE BRANCH CLERK OF COURTRegional Trial CourtBranch 39, Quezon City

Please submit the foregoing to the Court for its approval immediately upon receipt hereof.

Copy furnished:

MITCH MCDEERE, ESQ.2 The Firm

Laguna Street, Quezon City

Please take notice that counsel has requested for the approval of the foregoing motionimmediately upon receipt.


PLUS: [5] Proof of Service

Comment [FG44]: Under Rule 18, section1 of the 1997 Rules on Civil Procedure, it isnow mandatory on the part of the plaintiffto move ex parte for setting of pre-trial.Note that the motion is expresslydenominated as ex parte, i.e., no need forhearing.


Comment [FG46]: Note the differencebetween this Request and Notice and thatcontained in Form II-D1; this does notcontain a date of hearing because underRule 15, section 4, it is a motion which theCourt may act upon without prejudicingthe rights of the adverse party andmoreover because Rule 18, section 1expressly defines this to be an ex partemotion.


25/77


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6. Motion for extension of timeRepublic of the Philippines


DILA TORY,Plaintiff,


PASEN SYOSO,Defendant.

x ------------------------------------ x

MOTION FOR EXTENSION OF TIME


1. He has been directed to file a Reply to defendants Answer by 10 May 2007.

[1 & 2] 2. The undersigned counsel, however, anticipates his inability to file the Reply on orbefore the said due date because of the tremendous pressure of other equally urgent professional workrequiring the preparation of pleadings and almost daily trial appearances before the various courts withinand outside Metro Manila. For this reason, the undersigned is constrained to ask for an additional fifteen(15) days from 10 May 2007, or until 25 May 2007, within which to submit plaintiffs Reply.

3. This motion is not intended for delay but is motivated only by the foregoing reason.

[3] WHEREFORE, plaintiff respectfully prays that he be granted an additional fifteen (15) daysfrom 10 May 2007,

or until 25 May 2007, within which to submit plaintiffs Reply.


(Sgd.) MITCH MCDEERECounsel for Plaintiff

[Address]

PLUS:1. [4] Request for and Notice of Hearing2. [5] Proof of Service


Comment [FG51]: It is always preferable tonot only state the number of additionaldays sought, but also the new deadline, sothat it can be used as a personal reminderof the new deadline.


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7. Motion to declare defendant in defaultRepublic of the Philippines


ANAKIN SKYWALKER,Plaintiff,


PADME AMIDALA,Defendant.

x ---------------------------------- x

MOTION TO DECLARE DEFENDANT IN DEFAULT


1. Plaintiff filed this Complaint against defendant on 1 March 2007; summons were served ondefendant on 20 March 2007, as indicated by the Sheriffs Return of even date, a copy of which isattached as ANNEX A.

[1 & 2] 2. Defendants reglementary period to file Answer ended on 5 April 2007; no motion forextension of such period was filed nor was any granted motu proprio by this Honorable Court. Despitethe lapse of time, defendant has failed to answer the Complaint against her; plaintiff is entitled to adeclaration of default and the right to present evidence ex parte against defendant.

[3] WHEREFORE, 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.


(Sgd.) DARTH SIDIOUSCounsel for Plaintiff

[Address]

PLUS:1. [4]

Request for and Notice of Hearing2. [5] Proof of Service


Comment [FG53]: NOTE: The defendant isentitled to be notified of this motion andthe order declaring him/her in default;thereafter, defendant loses the right toreceive any other notices except for

judgment in default.


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8. Motion to lift order of defaultRepublic of the Philippines


ANAKIN SKYWALKER,Plaintiff,


PADME AMIDALA,Defendant.

x ---------------------------------- x

MOTION TO LIFT ORDER OF DEFAULT

DEFENDANT, by counsel, respectfully states that:

1. Five (5) days after service of summons and receipt of Complaint, she filed a Motion to Dismiss

on the ground that plaintiffs claim is outside the jurisdictional amount of this Honorable Court under thenew Expanded Jurisdiction Act and that the Complaint should properly be filed and tried before theMetropolitan Trial Court. The Motion to Dismiss, which was received by plaintiffs counsel on 25 March2007, was set for hearing on 10 April 2007, as indicated on the Request for and Notice of Hearing.

2. Without waiting for the hearing on the Motion to Dismiss, this Honorable Court declareddefendant in default on 7 April 2007 based solely on plaintiffs Motion, filed two (2) days after thesupposed lapse of the reglementary period, which, however, was tolled by the filing of a Motion toDismiss.

[1 & 2] 3. Under the circumstances, the order of default is premature and without legal andfactual basis as: (a) defendant has not failed to file an Answer within the reglementary period, (b) thereglementary period has not lapsed because of the filing of the Motion to Dismiss within the period, and(c) the pendency of the Motion to Dismiss is prejudicial to the issue of defendants default. Consequently,the order of default should be lifted.

[3] WHEREFORE, defendant respectfully prays that the Order of Default against her be LIFTEDand that this Honorable Court resolve her Motion to Dismiss.


(Sgd.) OBI WAN KENOBICounsel for Defendant

[Address]

PLUS:

1. [4] Request for and Notice of Hearing2. [5] Proof of Service



Comment [FG56]: While it is not required,it may, depending on the type of motion, beadvisable to give a short summary of thematerial antecedents so that thearguments and the basis for relief is clearand placed in context.


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E. Special Civil Actions1. Certiorari (with Injunction and/or TRO), Prohibition and Mandamus

a. Certiorari(Caption and Title)

PETITION


[2] 1. (State capacity of petitioner and respondent/s, citizenship, status and residence.)

2. (State the date on which copy of Decision was received and/or Resolution on Motion forReconsideration, if filed, denied.)

[3] 3. (State briefly the facts and circumstances under which the respondent/s exercisingjudicial functions acted without, or in excess of, jurisdiction or with grave abuse of discretion amounting

to lack or excess of jurisdiction.)

4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right, [b]which is threatened by an act or omission of respondents, [c] and that, unless restrained, will causegrave and irreparable injury to petitioner. 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 arisingfrom the writ should petitioner be found not to be entitled to the writ.)

5. There is no appeal from such decision or any plain or adequate speedy remedy in the ordinarycourse of law, except this petition.

6. A certified true copy (or duplicate original copy) of the Decision under review is attached asANNEX A.

[4] WHEREFORE, it is respectfully prayed that a writ of certiorari be issued ANNULLING the (act,decision or finding) for being in grave abuse of discretion; in the interim, that a preliminary injunctionand/or temporary restraining order issue to ENJOIN any further proceedings by respondents.

Quezon City; [1] 7 July 2007.


[Address]

PLUS: [5]

Combined Verification, Certification against Forum Shopping, and Statement of Material Dates

* Rule 65, section 6, par. 2 expressly makes Rule 56, section 2 applicable to petitions for certiorari,mandamus and prohibition. Rule 56, section 2 provides that Rules 46, 48, 49, 51, 52 and 56 apply. Rule46, 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 arereferred to therein, and other documents, relevant or pertinent thereto.

Comment [FG57]: Rule 65, 1997 Rules onCivil ProcedureChecklist:1. 60 days from notice of judgment or finalorder (cf. Rule 65, sec. 4)2. Names of petitioner and respondent3. Grounds relied upon4. Prayer/Relief5. Combined Verification, Certificationagainst Forum Shopping, and Statement ofMaterial Dates6. Attachments

a. Certified true copies of thejudgment/order subject of petition

b. All material portions of the record aswould support the petition*

Comment [FG58]:To the standardVerification and Certification AgainstForum Shopping, ADD the date when theDecision or Judgment was receivedpursuant to the requirements under theRules of Court. (See Form I-G)


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b. Prohibition(Caption and Title)

PETITION


[2] 1. (State capacity of petitioner and respondent/s, citizenship, status and residence.)

2. (If applicable, state the date on which copy of Decision was received and/or Resolution onMotion for Reconsideration, if filed, denied.)

[3] 3. (State briefly the facts and circumstances under which the respondent/s whether

exercising judicial or ministerial functions acted without, or in excess of, jurisdiction or with grave abuseof discretion amounting to lack or excess of jurisdiction.)

4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right, [b]which is threatened by an act or omission of respondents, [c] and that, unless restrained, will causegrave and irreparable injury to petitioner. Allege also that petitioner is ready to post a bond in anamount to be fixed by the Court conditioned upon the payment to respondents of any damages sufferedarising from the writ should petitioner be found not to be entitled to the writ.)

5. There is no appeal from such decision or any plain or adequate speedy remedy in the ordinarycourse of law, except this petition.

6. A certified true copy (or duplicate original copy) of the Decision under review is attached asANNEX A.

[4] WHEREFORE, it is respectfully prayed that an injunction or TRO be issued directing

respondent/s to desist and refrain from further proceedings in the premises, and that after due noticeand hearing, a writ of prohibition issue directing respondent/s to desist absolute and perpetually fromfurther proceedings (in the said action or matter).



[Address]

PLUS: [5]

Combined Verification, Certification against Forum Shopping, and Statement of Material Dates


Comment [FG60]: Checklist:1. 60 days from notice of judgment or finalorder (cf. Rule 65, sec. 4)2. Names of petitioner and respondent3. Grounds relied upon4. Prayer/Relief5. Combined Verification, Certificationagainst Forum Shopping, and Statement ofMaterial Dates6. Attachments



Comment [FG61]:To the standardVerification and Certification AgainstForum Shopping, ADD the date when theDecision or Judgment was receivedpursuant to the requirements under theRules of Court. (See Form I-G)


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c. Mandamus(Caption and title)

PETITION


[2] 1. (State the capacity of petitioner and respondent/s and their addresses.)

[3] 2. (State the facts and circumstances whereby respondent/s unlawfully neglected theperformance of an act which the law specifically enjoins as a duty resulting from an office, trust or

station, or unlawfully excluded the petitioner from the enjoyment of a right or office to which thepetitioner is entitled.)

3. Petitioner has no appeal from such decision or any plain or adequate speedy remedy in theordinary course of law, except this petition.

[4] WHEREFORE, it is respectfully prayed that, after due notice and hearing, a writ of mandamusissue commanding respondent/s forthwith to: (state the act required to be done), with costs againstthem.



[Address]

PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates

Comment [FG62]: Checklist:1. 60 days from notice of judgment or finalorder (cf. Rule 65, sec. 4)2. Names of petitioner and respondent3. Grounds relied upon4. Prayer/Relief5. Combined Verification, Certificationagainst Forum Shopping, and Statement ofMaterial Dates6. Attachments




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b. Action to Quiet (or Remove Cloud on) TitleIN RE: QUIETING OF TITLE OVER THEPROPERTY COVERED BY TCT NO. 12345

SCA No. 1357NALI LITO, as Special Administrator of theEstate of the deceased DAMI LUPA,

Petitioner,

UMA AGAW,Respondent.

x ------------------------------------------------ x

PETITION


[1] 1. He is the special administrator of the estate of the deceased DAMI LUPA.

[2] 2. The deceased, during his lifetime, executed a Deed of Sale of real estate in favor of therespondent dated _____________, and particularly described, as follows:

(Describe property)

covered by TCT No. 12345 in the Register of Deeds of Makati. The same is annotated on the title as theonly encumbrance thereon.

3. The sale is fictitious and the Deed of Sale is forged, as shown by a judgment in Civil Case No.2468, a copy of which is attached.

4. The existence of the alleged Deed of Sale is prejudicial and injurious to the title of the lawfulheirs of the deceased upon the said property. Equity demands that the said Deed of Sale be surrenderedand cancelled, as it is a cloud upon the title of the deceased and his lawful heirs.

[3] WHEREFORE, petitioner respectfully prays that this Honorable Court render judgment in theEstates favor by ordering the Deed of Sale surrendered and cancelled and the cloud on Title No. 12345removed.

[4] Quezon City; 7 July 2007.

[5] (Sgd.) MITCH MCDEERECounsel for Petitioner

[Address]

PLUS: [6]Verification and Certification against Forum Shopping

Comment [FG66]: Rule 63, sec. 1, par. 2Checklist:

1. Parties - Any person interested under adeed, will, contract or other writing, beforebreach thereof, and who stands to sufferinjury by operation of the said deed, will,contract or other writing

2. Material Allegations of Ultimate Facts -facts showing interest under a deed, will,contract or other written instrument andinjury arising from operation of said deed,will, contract or other writing and factsshowing that no violation or breach hasoccurred; may also show facts showingneed to reform instrument, quiet title(arising from conflicting claims or cloudthereon) or to consolidate ownership (aswhen property underpacto de retronot

redeemed)3. Prayer/Relief4. Date/Place of Execution5. Signature of Counsel6. Verification and Certification againstForum Shopping


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c. Action for Declaratory ReliefINA API,

Plaintiff,

- versus - Civil Case No. 2468

THE CITY COUNCILOF QUEZON CITY,

Defendant.x --------------------------- x

COMPLAINT


[1] 1. Plaintiff is a Filipino citizen of legal age and resident of Quezon City; defendant is the CityCouncil of Quezon City, the duly-constituted legislative body for Quezon City, its members may be servedwith notices at Quezon City Hall.

[2] 2. On 1 August 1999, defendant City Council passed Ordinance No. 2345 making it unlawfulto operate cellular phone units while inside a moving vehicle and penalizing any violations with a fine ofP1,000.00 for each offense in addition to impounding of the cellular phone unit. The relevant portions ofthe Ordinance are, as follows:

(Quote the relevant portions)

3. The above-quoted portion is ambiguous because it leaves unfettered discretion to theauthorities to stop even urgent and important calls which may be made only while the person is intransit. It fails to consider that, due to the worsening traffic conditions in Metro Manila, majority of

business is conducted in transit and over cellular phones. Plaintiff is a lawyer who frequently has todictate important pleadings over the phone while in transit due to the worsening traffic condition. TheOrdinance appears to bar his doing so but plaintiff is unaware of the limits of permissible action under theOrdinance.

4. Unless declaratory relief is granted, plaintiff will suffer grave and irreparable injury because heis unsure of the instances when he may lawfully use his cellular phone while in a moving vehicle andwhen such use may lead to confiscation and a fine.

[3] WHEREFORE, plaintiff respectfully prays that this Honorable Court grant declaratory reliefand declare plaintiffs rights and duties under the Ordinance.



[Address]


Comment [FG67]: Rule 63, sec. 1, par. 1Checklist:1. Parties - Any person interested under adeed, will, contract or other writing, beforebreach thereof, and who stands to sufferinjury by operation of the said deed, will,contract or other writing2. Material Allegations of Ultimate Facts -facts showing interest under a deed, will,contract or other written instrument andinjury arising from operation of said deed,will, contract or other writing and factsshowing that no violation or breach hasoccurred; may also show facts showingneed to reform instrument, quiet title(arising from conflicting claims or cloudthereon) or to consolidate ownership (aswhen property underpacto de retronot

redeemed)3. Prayer/Relief4. Date/Place of Execution5. Signature of Counsel6. Verification and Certification againstForum Shopping


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d. Quo Warranto(Caption and title)

COMPLAINT


[1] 1. (State the capacity and address of both plaintiff and defendant.)

[2] 2. (State fully and clearly the facts and circumstances showing that defendant is unlawfullyoccupying a public office and that plaintiff is entitled to hold the same office.)

3. (State that plaintiff has demanded that defendant vacate said office and deliver it to plaintiff

but that defendant has unlawfully refused to do so.)

[3] WHEREFORE, plaintiff respectfully prays that a writ of quo warranto issue ousting andexcluding defendant from occupying the office of ____________ and declare that plaintiff is entitled tothe said office and that he be placed forthwith in possession thereof.


[5] (Sgd.) ATTICUS FINCHCounsel for the Plaintiff

[Address]


Comment [FG68]: Rule 66Checklist1. Parties -

a. Solicitor General, when directed byPresident or motu propio;

b. Person claiming to be entitled topublic office or position usurped orunlawfully held or exercised by anotheragainst the alleged usurping public officer;2. Material Allegations of Ultimate Facts -facts showing usurpation of office and factsshowing entitlement of petitioner to theoffice3. Prayer/Relief4. Date/Place of Execution5. Signature of Counsel6. Verification and Certification againstForum Shopping


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III. PLEADINGS AND OTHER LEGAL FORMS IN CRIMINAL PROCEDUREA. Complaint-Affidavit and Counter-Affidavit

1. Complaint-AffidavitRepublic of the Philippines )City of Makati ) s.s.

COMPLAINT-AFFIDAVIT

[1] I, MA SELAN, of legal age, Filipino,

with assistance of counsel, and [2] resident of 4 PrivetDrive, Triple X Village, Makati, do hereby state under oath that:

1. I am a member of the Triple X Village Homeowners Association (Association) and wasformerly a Director and Corporate Secretary of the Association.

[3] 2. I accuse and hereby charge MR. MA INGAY, residing at 5 Privet Drive, Triple X Village,Makati, of violating Article 358 of the Revised Penal Code (Slander and Oral Defamation), committedagainst me when he publicly, maliciously and deliberately uttered defamatory remarks against me duringthe Board Meeting of the Association on 27 January 2007. This is attested to by the following exchangethat transpired between Mr. Ingay and the other members of the Board in attendance:

(Quote Exchange)

Attached asANNEX A is a copy of the official transcript of the meeting.

3. Prior resort to the Barangay conciliation system proved fruitless as Mr. Ingay did not retracthis remarks. Consequently, a Certification to File Action was issued by the Barangay Chairperson, acopy of which is attached asANNEX B.

4. 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. Consequently, Mr. Ingayspublic and defamatory utterance was clearly a reference to me and to no other.

5. Mr. Ma Ingays remarks, calling me a swindler twice over, uttered in a public meeting areclearly insulting and defamatory as they malign me and attribute to me a criminal act, nature andpredisposition. There is, moreover, no doubt that Mr. Ingays use of the word swindled was deliberateas his explanation and clarification a few utterances thereafter would show. Mr. Ingays remarks are alsovery serious as they cast aspersions on my reputation, character and very person before my peers andfellow homeowners.

6. Mr. Ingays remarks have injured my name, reputation and character before my neighborsand peers. While my name, reputation and character are incapable of pecuniary estimation as these arethe result of a lifetimes effort to build a name, reputation and character that my children and theirchildren can be proud to bear, Mr. Ingay cannot be allowed to simply go scot-free without bearing theconsequences of his acts. For this reason, I am also holding Mr. Ma Ingay liable civilly fordefaming me in the amount of One Million Pesos (P1,000,000.00) in nominal damages, FiveHundred Thousand Pesos (P500,000.00) in moral damages and Five Hundred Thousand

Pesos (P500,000.00) in exemplary damages.

TO THE TRUTH OF THE FOREGOING, I have signed this Complaint-Affidavit on 13 April 2007.

[4] (Sgd.) MA SELANComplainant-Affiant

[5] SUBSCRIBED AND SWORN TO BEFORE ME this 13 th day of April 2007.

(Sgd.) Investigating Prosecutor

[6] CERTIFICATION

I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIEDTHAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT.

(Sgd.) Investigating Prosecutor

Comment [FG69]: Checklist:1. Identity of affiant and other personalcircumstances2. Statement of venue3. Factual allegations to show violation ordefense4. Signature of affiant5. Verification6. Certification as to Personal Examinationof Affiant7. Supporting Documents/Affidavits

Comment [FG70]: Because an affidavitmust be based on personal knowledge ofthe affiant, many times, legal answerscannot be included for fear that affiant

does NOT have personal knowledge.

Stating that affiant was assisted by counselmay remove that problem as all that affianthas to do is say I was advised by counselthat

Comment [FG71]: Rule 112, sec. 3(a),2000 Rules on Criminal Procedure. Notethat this may be done before a prosecutor,or any government official authorized toadminister an oath, or in their absence or

unavailability, a Notary Public.


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2. Counter-AffidavitRepublic of the Philippines )City of Makati ) s.s.

COUNTER-AFFIDAVITRe: I.S. No. 1613

[1] I, MA LABO, of legal age,

with assistance of counsel, do hereby state under oath that:

1. I am the Chief of Staff of the Mayor of Quezon City, and have been occupying said post sincehis election to the post in 1998. In said capacity, I am in charge of coordinating the day-to-day affairsand activities of his Office.

[2] 2. I recently learned that I have been made a respondent in I.S. No. 1613, a charge forestafa, filed by a certain MA GULANG on 19 January 2007 before the Office of the City Prosecutor forQuezon City.

3. The charge is based on a supposedly unpaid account for the purchase of seven (7) Nextelphone units by a Mr. MANGGA GANTSO of the Quezon City Rescue and Environmental Distress Unit,which made the Mayor their Honorary Chairman with no direct functions; he has been supporting theiractivities financially with voluntary contributions.

[3] 4. There is no truth to the allegations in MA GULANGs complaint. There is no factual norlegal basis to charge me with estafa. The Complaint must be dismissed. To rebut and contradict MAGULANGs malicious lies, I set forth the true circumstances leading to the transaction below:

4.1. Sometime last year, Ms. Gulang called the office of the Mayor, looking forhim; I informed her that he was not around. I took a message from her saying that shewas a friend of the Mayor and that she was selling Nextel units and if we wanted to buy

units from her. I informed her that both the Mayor and I had our units already; she thentold me if the Mayor could refer her to prospective clients. When the Mayor arrived, Irelayed the message to him.

4.2. Quite coincidentally, Mr. Gantso had called the Mayor asking if he couldassist in securing Nextel units. The Mayor asked me to call Ms. Gulang. Mr. Gantso andMs. Gulang were able to meet, as a result.

4.3. On that day, Ms. Gulang brought the units to the Mayors Office; she metwith Mr. Gantso inside the Mayors office. They transacted business inside the MayorsOffice and only passed by my office on their way out.

4.4. Some time after that, Ms. Gulang phoned me and told me that Mr. Gantsohad not paid her the amount of P11,000.00 for the units. Somewhat embarrassed bythis, I called Mr. Gantso and told him to pay Ms. Gulang; he assured me that he wouldpay her but that he just needed to collect money from the rest of the group.

4.5. After persistent calls from Ms. Gulang telling me that Mr. Gantso had notyet paid, I gave her the telephone number of Gantso so that she could just call himdirectly. But even then, I would still get calls from Ms. Gulang; and when she started toget angry over the telephone, I set up an appointment for Mr. Gantso to meet with herat the Office.

4.6. Thereafter, I would still receive phone calls telling me that Mr. Gantso hadyet to pay; I would follow up with Mr. Gantso but he simply gave me this promise that hewould pay.

5. It is utterly inexplicable that Ms. Gulang would hold me liable for estafa when all that I didwas to refer Ms. Gulang to Mr. Gantso; to a certain extent, I even exerted my best efforts to see that Ms.Gulang was paid due simply to my great embarrassment at the prospect of being accused of referring aperson who does not know how to pay for an obligation.

6. For this reason, it is certainly incomprehensible that I should stand accused ofestafaby Ms.

Gulang. I performed no act of deceit or fraud against her in ordering the units. I performedNO ACT that even remotely resembles ANY of the acts punished under Article 315 . If at all,any cause of action is PURELY CIVIL in nature and that liability does not pertain to my personal accountin the absence of a showing that I benefited from the Nextel units (which Ms. Gulang does not evenallege and cannot prove); any civil liability should pertain to the Office of the Mayor, not to me.

Comment [FG72]: Checklist:1. Identity of affiant and other personalcircumstances2. Statement of venue3. Factual allegations to show violation ordefense4. Signature of affiant5. Verification6. Certification as to Personal Examinationof Affiant7. Supporting Documents/Affidavits

Comment [FG73]: Because an affidavitmust be based on personal knowledge ofthe affiant, many times, legal answerscannot be included for fear that affiantdoes NOT have personal knowledge.Stating that affiant was assisted by counsel

may remove that problem as all that affianthas to do is say I was advised by counselthat


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7. Considering the foregoing, I respectfully submit that there is no prima faciebasis to concludethat the crime of Estafa or that any crime at all has been committed. The Complaint against me should,thus, be dismissed.

TO THE TRUTH OF THE FOREGOING, I have signed this Statement on 3 February 2007.

[4] (Sgd.) MA LABOAffiant

PLUS:1. [5]Verification2. [6] Certification


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B. Information and Complaint1. Information (with Certificate of Preliminary Investigation or Inquest)

a.

Bigamy

(Caption)

PEOPLE OF THE PHILIPPINES,Plaintiff,

Criminal Case No. 00567- versus - For: Bigamy

PI KUTIN,Accused.

x ---------------------------------------- x

INFORMATION

The Undersigned accuses PI KUTIN of the crime of Bigamy, committed as follows:

That on or about 3 July 2006, in the City of Quezon and within the jurisdiction ofthis Honorable Court, the said accused, being then legally married to BIL MOKO, andwithout such marriage having been legally dissolved and thus valid and existing, didwilfully, unlawfully and felicitously contract a second marriage with ASA WA in the City ofQuezon.

CONTRARY TO LAW.

ELLIOT NESSAssistant City Prosecutor

CERTIFICATE OF PRELIMINARY INVESTIGATION

I hereby certify that a preliminary investigation in this case was conducted by me in accordancewith law; that I examined the Complainant and her witnesses; that there is reasonable ground to believethat the offense charged had been committed and that the accused is probably guilty thereof; that theaccused was informed of the Complaint and of the evidence submitted against him and was given theopportunity to submit controverting evidence; and that the filing of this Information is with the priorauthority and approval of the City Prosecutor.

ELLIOT NESSAssistant City Prosecutor

SUBSCRIBED AND SWORN TO BEFORE ME this 9 th day of August 2006 in Quezon City.

AL CAPONECity Prosecutor

Bail Recommended: P10,000.00

Comment [FG74]: Rule 110, section 6-13,2000 Rules on Criminal ProcedureChecklist:

1. Partiesa. Name of offended partyb. Name of accused

2. Designation of offense by statute3. Acts or omissions complained of asconstituting the offense including astatement of the qualifying or aggravatingcircumstances

4. Approximate time of the commission ofthe offense

5. Place of commission6. Signature of Prosecutor (for Information)7. Signature of Offended Party, Peaceofficer or Public officer charged withenforcement of the law (for Complaint)

8. NOTE: if Information is filed afterinquest (and not preliminary investigation),ADD:

a. Place where accused is act