legal forms .docx

8/14/2019 legal forms .docx

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REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURTBranch I, Manila

Avis Rent-A-Car (Philippines), Inc.,Plaintiff,-

Civil case no. 11111vs For replevin

John DoeDefendant.

x--------------------------------X

complaint

COMES NOW, the Plaintiff, through the undersigned counsel, and to this Honorable Court alleges:1. That Plaintiff is a domestic corporation existing under the laws of the Philippines, with offices at 311 P. Casal St., Quiapo, Ma-nila, while defendant is an American citizen, residing at Room 1024, Manila Hotel, where he may be served with Summons;2. That plaintiff is the registered owner of a motor vehicle described as a Mitsubishi Lancer, model 1984, with Plate No. DAY-

203;3. That on October 11, 1986, defendant rented from plaintiff said Lancer car for a week from October 11 to 18, 1986;4. That on October 20, 1986, and for the next three (3) days thereafter, plaintiff demanded from defendant the return of the saidcar; but defendant avoided returning the car by giving one reason or another;5. That said car has not been taken for a tax assessment or fine pursuant to law, or seized on execution or attached;6. That the value of the said car is P290,000;7. That plaintiff is ready and willing to give bond executed to the defendant in double the value of the property for the return of theproperty to the defendant should be adjudged, or for the payment of such sum that defendant may recover from plaintiff in theaction.WHEREFORE, plaintiff prays that:1. The sheriff or other proper officer be ordered to take possession of the car and dispose of it in accordance with the Rules ofCourt;2. After hearing, judgment be rendered declaring that plaintiff is entitled to the possession of the car or, should this prove unavail-

ing, sentencing defendant to pay the value of the car. Manila, December 3, 1986.

ATTY. ASUNTOXYZ Building, Manila

IBP No. 12345; 1/3/1986;ManilaPTR No.61879; 2/2/1986;

Manila Roll of Attorneys No. 12344

VERIFICATIONCERTIFICATE OF NON-FORUM SHOPPINGJURAT

REPUBLIC OF THE PHILIPPINES )PROVINCE OF LAGUNA ) SSMUNICIPALITY OF LOS BANOS )

AFFIDAVIT FOR REPLEVIN

I, JUAN DELA CRUZ, of legal, single, and resident of 2 Rizal Street, Los Banos, Laguna, after being sworn in accordance withlaw depose and say:

1. That I am the plaintiff in an action for the delivery of personal property against the defendant, entitled JUAN DELA CRUZ ver-sus PEDRO SANTOS (Civil Case No. 06-789456) in the Regional Trial Court of Laguna, Branch 27;2. That I am the owner of said property, particularly described as follows, to wit: (state description of personal property involved);3. That the said personal property is wrongfully detained by the defendant without any lawful cause whatsoever;


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4. That the said personal property has not been taken for a tax assessment or fine pursuant to law, or seized under an execution,or an attachment against the property of the plaintiff;5. That the actual value of the said property is ONE MILLION PESOS (P1,000,000.00).6. That affiant is willing to file a bond double the actual market value of the property.

FURTHER AFFIANT SAYETH NAUGHT.City of Manila, Philippines, January, 13, 2006.JUAN DELA CRUZ

AffiantVERIFICATION

jurat

COMPLAINT

COMES NOW, the Plaintiff in the above-entitled case, through counsel, and to this Honorable Court alleges:

1.That plaintiff is of age, married and residing at No. 80 Agno Street, Quezon City, while defendant is likewise of age, marriedand residing at No. 100 Agno Street, Quezon City, where he may be served with summons;

2.That plaintiff is the owner of a semi-concrete bungalow located at No. 100 Agno Street, Quezon City;

3.That on June 10, 2001, plaintiff leased the said bungalow to the defendant for the next three (3) years at a monthly rental ofP1,000.00, payable within the first five days of each month, and that the lease contract thereon is hereto attached as Annex A;

4.That since June 11, 2004, the lease contract had already expired and, despite repeated demands, defendant had refused tovacate the premises and continues to occupy the same.

5.That written demand (Annex Bhereof) to vacate and pay rentals in arrears was sent to and received by defendant but despitesaid demand, he failed to vacate the same or pay said rentals.

WHEREFORE, it is respectfully prayed that judgment be rendered against the defendant ordering her:

1.To vacate the premises;

2.To pay the monthly sum of P1,000.00 beginning on June 11, 2004, with interest thereon at the legal rate until fully paid, untilthe defendant vacates said premises;3.To pay the sum of P2,000.00 as litigation expenses and attorneysfees. Quezon City,July 7, 1983.

LAWRENCE VILLEGASAttorney for the Plaintiff

XYZ Building, Quezon CityIBP No. 12345; 1/3/1983; Quezon City

PTR No.61879; 2/2/1983;Quezon City Roll of Attorneys No. 12344


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Republic of the PhilippinesMETROPOLITAN TRIAL COURTNational Capital Judicial Region

Branch ____, Quezon City

NAPOLEON C. GATMAITANPlaintiff,-versus- CIVIL CASE NO. _____

For: Collection of a Sum of Money

EDGARDO S. SANTOSDefendant .

X - - - - - - - - - - - - - - - - - - - - - - - - - - -XCOMPLAINT

PLAINTIFF, thru the undersigned Counsel, unto this Honorable Court, respectfully alleges:

1.That Plaintiff is of legal age, Filipino, married to Nancy A. Gatmaitan, and with residence at # 11 Bohol St., Barangay Horse-shoe, Quezon City;2.That Defendant is likewise of legal age, Filipino, married and with residence at # 15 Bohol St., Barangay Horseshoe, QuezonCity, where he could be served with summons and other processes of the Court;

3.That the above-named spouse of Plaintiff is the erstwhile business partner of the defendant from year 2007 to 2009;4.That inthe course of their business, the plaintiffsspouse made financial contributions through the request and assurances of the de-fendant that such amount will be repaid. That however, afterseveral months and upon inquiry, plaintiffsspouse found out thatdefendant misappropriated the financial investments made for his ownal use. That despite demands, defendant failed to remit toand/or settle with the plaintiffsspouse the aggregate amount of NinetyEight Thousand Seven Hundred Pesos (P98,700.00);

5.That in recognition of defendantsobligation in favor of plaintiffsspouse, the former executed an Acknowledgement of Debt in

favor of the plaintiff on January 26, 2008, a photocopy of which is attached hereto as Annex A;

6.That by reason of the kindness and generosity of plaintiffsspouse, defendantsobligation through the Acknowledgement wasreduced to the sum of Sixty Thousand Pesos (P60,000.0),andtransferred in favor of the plaintiff as formalized n a duly-notarized Loan Agreement entered by and between the plaintiff and thedefendant on January 29 2008, a photocopy of which is hereto attached as Annex B;

7.That part of said Loan Agreement is the obligation of thedefendant-debtor to pay the plaintiff-creditor the amount of Two Thousand Five Hundred Pesos (P2,500.00) in monthly installments for thirty six (36) months, in theform of cash from February 2008 to March 2011, and in the form of post-dated checks from February 2008onwards up to the fullsatisfaction of said loan, including interest, set at two percent (2%) per month;

8.That after paying Two Thousand Five Hundred Pesos(P2,500.00) in February 2008 and One Thousand Five Hundred Pe-sos(P1,500.00) only in March 2008 the defendant-debtor has starteddefaulting in the payment of his due accounts;

9.That plaintiff-creditor sent separate letters (dated April 7,2008 and May 21, 2008) to the defendant-debtor containing a demandfor the payment of his outstanding payable, photocopies of which are hereto attached as Annexes Cand C-1;

10.That the continued refusal of defendant to settle his account prompted the plaintiff-creditor to lodge a complaint with the ba-rangay officials of Barangay Horseshoe, Quezon City. A Certificate toFile Action, copy of which is hereto attached as Annex D,was subsequently issued for failure of the parties to come to an

Agreement.


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11.That on June 1, 2008 a final demand letter was sent to the defendant-debtor for the payment of his outstanding payable up toJuly2008, which however, was left unheeded, a photocopy of which ishereto attached as Annex E;

12.That the demand letter was duly received by defendant thru his wife Mrs. Veronica A. Santos on June 3, 2008, as shown by aCertification dated June 25, 2008 issued by the Quezon City Central Post Office, copy of which is hereto attached as Annex F;

13.That defendant-creditor has, as of this date, defaulted in the payment of an aggregate amount of Twenty-six Thousand Pe-sos(P26,000.00);

14.That notwithstanding plaintiff-creditorsrepeated oral andwritten demands, defendant-debtor failed and refused and still failsand refuses to heed to the formersjust and valid demands, leaving the plaintiff no otherrecourse but to litigate and file this action.

15.That by reason of defendantsunjustified acts as well as bad faith and intentional refusal to pay his overdue obligation, Plain-tiff is entitled to the award of moral damages in the amount of P5,000.00;

16.That by reason of defendantsviolation and disregard of Plaintiffsrights, the award of exemplary damages in the amountof P5,000.00 is likewise warrant to serve as a deterrent to thecommission by the defendant and to others similarly-minded of sim-ilar acts in the future.

PRAYERWHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed of this Honorable Court that, after duehearing, judgment be rendered against the defendant ordering the latter to pay the plaintiff as follows:

1. The amount of TWENTY SIX THOUSAND PESOS representing the unpaid monthly installments due under the LoanAgreement dated August 6, 2005;

2. The amount of P5,000.00 as and by way of moral damages;3. The amount of P5,000.00 as and by way of exemplary damages;4. Cost of suit. Other reliefs just and equitable under the premises are likewise prayed for.

Quezon City,______________

Atty. ANGELICO ZENON M. DELOS REYES

Counsel for the PlaintiffPhoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City

Roll No. 76430IBP No. 352980 dated 1-2-08MCLE Compliance No. 11-00043527

VERIFICATION/CERTIFICATIONOF NON-FORUM SHOPPING

I, NAPOLEON C. GATMAITAN, Filipino, of legal age with address at#11 Bohol St., Barangay Horseshoe, Quezon City afterhaving been duly sworn in accordance with law depose and say:

1.That I am the plaintiff in the above-entitled case;

2.That I caused the preparation of the foregoing Complaint and I have read the allegations therein and certify that the same aretrue and correct of my own personal knowledge;

3.That I further certify that I have not commenced any other action involving the same issues before the Supreme Court, Courtof Appeals or any division thereof or any tribunal or agency; and to the best of my knowledge no such action is pending beforeThe Supreme Court, Court of Appeals or any division thereof or any tribunal oragency;4.That in the event that any action involv-ing the same should be made known, I hereby bind myself to report the same within five (5)days from knowledge thereof to thisHonorable Court.


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WITNESS WHEREOF, I hereunto set my hand this _______ day of ________, ________ at Quezon City, Metro Manila, Philip-pines.

NAPOLEON C. GATMAITANPlaintiff

SUBSCRIBED AND SWORN TObefore me this ______ day of ______, ______ at Quezon City, affiant having exhibited to me her CTC No. ___________ issuedon __________ at __________.

NOTARY PUBLICDoc. No._____Page No. ____Book No. _____Series of _____

REPUBLIC OF THE PHILIPPINESFIRST JUDICIAL REGION

MUNICIPAL TRIAL COURTLingayen, Pangasinan

REKLAMADORPlaintiff,

Civil Case No. _______- Versus For: Forcible Entry

NIREREKLAMODefendant.

X - - - - - - - - - - - - -x

COMPLAINT

COMES NOW the Plaintiff in the above entitled case, through counsel, and to this Honorable Court alleges:

I.

That the plaintiff is of legal age and a resident of # 350 Reyes St. Quezon City; that the defendant is likewise oflegal age, residing at # 25 Sct. Albano St. Quezon City and may be served with summons at said address;

II.

That the plaintiff had been in the lawful and peaceful possession of a house

and lot situated at # 544 Gumamela St. Quezon City being the owner thereof, since October 21, 1988 until the day and incidentin the following paragraph hereof;

III.

That on or about June 1, 2001, by means of force, strategy and stealth, unlawfully entered said house ejectingBANTAY who, for and in behalf of plaintiff, was staying in and looking after the house, thereby illegally depriving plaintiff of thepossession of the premises;

IV.


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That since the day mentioned in the preceding paragraph, defendants have remained in illegal possession of thesaid premises and, up to the present, still retain such possession thereof;

V.

That the reasonable rental value of said premises is EIGHTEEN THOUSAND PESOS (Php 18,000.00) a month;

VI.

As a result, plaintiff was constrained to institute this case, including in the process obligations for litigation ex-penses and attorneys fees in the amount of _______.

PRAYER

WHEREFORE, it is most respectfully prayed that judgment be rendered in favor of plaintiff and against defendants:

1. Ordering the latter to vacate premises in question and to restore the possession thereof to plaintiff;

1. Ordering the defendants to pay plaintiff P80.00 a month, from the time of forcible entry to the time possession isreturned to plaintiff;

2. Other just and equitable relief are also prayed for.Quezon City, Philippines, August, 24, 2001.

Atty. WALANG KWENTAAttorney for Plaintiff

____________________Address

IBP #_________1/2/2001; Pasig CityPTR#_______2/2/2001;Pasig City

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

VERIFICATION

JUAN DELA CRUZ, subscribing under oath, hereby deposes and states that:

I am the petitioner in the instant case.

I have read the foregoing Petition and the allegations therein are true and correct of my own knowledge and/or basedon the records on hand.

I attest to the authenticity of the annexes thereof.

CERTIFICATION

I certify that:


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a. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Courtof Appeals, or different Divisions thereof, or any other tribunal or agency.

b. No such action or proceeding is pending in the Supreme Court, the Court of Appeals, or different Divisions there-of, or any other tribunal or agency.

c. If I should learn that a similar action or proceeding has been filed or is pending before the Supreme Court, theCourt of Appeals, or different Divisions thereof, or any other tribunal or agency, I hereby undertake to notify thisHonorable Court within five (5) days from such notice.

_______________________JUAN DELA CRUZ

_______________Plaintiff

JURAT

SUBSCRIBED AND SWORN to before me, in the City/Municipality of _____________, this ________________day of

____________, 20____, by ______________ with Community Tax Certificate No. _________ issued at __________ on

_______________, 20______.

NOTARY PUBLICUntil Dec. 31, 20______IBP#________1/2/2001;Pasig City

Doc. No. ; PTR#_______2/2/2001;Pasig CityPage ;Book ;Series of 2001 .

REPUBLIC OF THE PHILIPPINESFIRST JUDICIAL REGION

MUNICIPAL TRIAL COURTLingayen, Pangasinan

XYZPlaintiff,

CIVIL CASE NO. _______________-versus- For: Unlawful Detainer

ABCDefendant.

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

COMPLAINT

COMES NOW the Plaintiff in the above entitled case, through counsel, and to this Honorable Court alleges;

I

That the plaintiff is of legal age and a resident of the City of Manila; that defendant is likewise of legal age, residing atNo. 2 Cruz Street, Manila and may be served with summons at said address;


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II

That defendant on January 7, 2001, leased from the plaintiff the premises located at No. 7 Cruz Street, Manila, agree-ing to pay monthly rental of P 1, 000.00

III

However, defendant failed to pay the aforesaid monthly rentals on their due dates, such that as of the date hereof, hisarrearages have accumulated up to P_____________;

IV

That on March 7, 2001, demands was made on defendant to pay his rental in arrears and vacate the premises, but de-spite said demands, written and oral, defendant failed and refused to pay the rentals in arrears and vacate the premises leasedby him;

V

As a result, plaintiff was constrained to institute this case, incurring in the process obligations for litigation expenses

and attorneys fees in the amount of _______________

PRAYER

WHEREFORE, it is respectfully prayed that judgment be rendered against the defendant ordering him:

1. To vacate the premises leased by him;2. To pay the monthly sum of P1, 000.00 beginning with the month of __________, 2001, with interest thereon

at the legal rate until fully paid until the defendant vacates said premises;3. To pay the sum of P_________ as litigation expenses and attorneys fees.Plaintiff further prays for such other relief as this Court may deem just and equitable.

Manila, Philippines, May 1, 2001.

DEFGAttorney for the Plaintiff

_________________________________Address

P.T.R. No._______ Date & Place of Issue_____IBP O.R. No._____ Date & Place of Issue_____


VERIFICATION

JUAN DELA CRUZ, subscribing under oath, hereby deposes and states that:

I am the petitioner in the instant case.


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I have read the foregoing Petition and the allegations therein are true and correct of my own knowledge and/or basedon the records on hand.

I attest to the authenticity of the annexes thereof.

CERTIFICATION

I certify that:

a. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Courtof Appeals, or different Divisions thereof, or any other tribunal or agency.

b. No such action or proceeding is pending in the Supreme Court, the Court of Appeals, or different Divisions there-of, or any other tribunal or agency.

c. If I should learn that a similar action or proceeding has been filed or is pending before the Supreme Court, theCourt of Appeals, or different Divisions thereof, or any other tribunal or agency, I hereby undertake to notify this

Honorable Court within five (5) days from such notice.

_______________________JUAN DELA CRUZ

_______________________Plaintiff

JURAT

SUBSCRIBED AND SWORN to before me, in the City/Municipality of _____________, this ________________day of

____________, 20____, by ______________ with Community Tax Certificate No. _________ issued at __________ on

_______________, 20______.

NOTARY PUBLICUntil Dec. 31, 20______IBP#________1/2/2001;Pasig City

Doc. No. ; PTR#_______2/2/2001;Pasig CityPage ;Book ;Series of 2001 .

COMPLAINT

NOW COMES plaintiff to this Honorable Court and for cause of action against the defendant, respectfully alleges:

That on March 6, 1988, defendant executed a promissory note (Annex A hereof) in favor of the plaintiff in terms andconditions as follows:

(COPY)That to secure the payment of the said promissory note, defendant executed on March 1, 1988 a Deed of Mortgage in

favor of plaintiff over a parcel of land whose technical description is as follows:


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(COPY DESCRIPTION)

Copy of said Deed of Mortgage is attached hereto, marked annex B and made as integral part of this complaint;

That said mortgage was registered with the Office of the Registrar of Deeds of Quezon City on March 2, 1988;

That payment of said promissory note is long overdue and defendant has failed to pay the same despite repeated de-mands;

WHEREFORE, it is respectfully prayed that judgment be issued in favor of the plaintiff, ordering the defendant to pay:

1. The principal sum of P50,000.00 until fully paid;2. That the aforementioned parcel of land be sold at a public auction should the defendant fail to pay the sums

set forth in this complaint and apply the proceeds thereof in accordance with the dispositions of law.

DEFG

Attorney for the Plaintiff

________________________________________Address

P.T.R. No._______ Date & Place of Issue_____IBP O.R. No._____ Date & Place of Issue_____


_______________________Plaintiff

JURAT

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legal forms .docx