Legal Forms Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007

Legal Forms SUMMER REVIEWER

—Advisers: Poncevic Ceballos; Head: Maria Felicitas Ele; Understudies: Felippe Mart Closa, Judith Lee—

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This is a summary of basic forms. List of requirements have been included. For similar forms: the caption and the title have been omitted. Only the allegations have been retained.

Pointers to Keep in Mind: 1. General Rule: Documents are printed on legal sized paper or 8.5” x 13.”

Exception: Special Power of Attorney, Contracts, Negotiable Instruments such as Promissory note

2. Rule 8, Sec. 1-4, Rules of Court. Manner of Making Allegations in Pleadings

3. Rule 9, Sec. 1 & 11, Rules of Court. Effect of Failure to Plead

4. Rule 7. Parts of a Pleading (Certification against Non-Forum Shopping, Rule 5, Sec. 5)

SS – the abbreviation of “Scilicet” means “to wit; namely.” It is used to particularize a general statement. The

omission of “SS,” in a legal document is not material so as to invalidate it.

I. CONTRACT FORMS

A. JURAT

It is that part of an affidavit where the officer certifies that the same was “sworn” before him. It is used in

affidavits, certifications verifications or whenever the person executing makes a statement of facts or attests to

the truth of an occurrence of an event, under oath.

SUBSCRIBED AND SWORN to before me this day of______, 2007 the affiant exhibiting to me his

Community Tax Certificate No.________ issued at Manila on January 2, 2006.

NAME OF NOTARY PUBLIC

Notary Public for the Province/City of __________

Address

Appointment No. ______ until December, _____

Roll of Attorney No. _______

PTR No. _________;

IBP No. _________;

Series No. of Commission ______

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Doc. No. _____

Page No._____

Book No._____

Series of 20___

B. NOTARIAL ACKNOWLEDGMENT

ACKNOWLEDGEMENT – It is the act of one who has executed a deed, in going before some competent

officer or court and declaring it to be his act or deed. An acknowledgement is to authenticate an agreement

between two or more persons, or where the document contains a disposition of property

Two-fold function of an acknowledgment:

1. to authorize the deed to be given in evidence without further proof of its execution; and

2. to entitle it to be recorded.

The same purposes may be accomplished by a subscribing witness going before the officer or court and

making oath to the fact of the execution, which is certified in the same manner

BEFORE ME, this ___ day of ________, 20__ in the Municipality of ____________, Province of

_________________, Philippines, personally appeared ____________________, with Residence Certificate

No. ____________ issued at ___________, __________, on __________, known to me to be the same person

who executed the foregoing instrument, and he acknowledged to me that the same is his free act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day, year and

place above written.

NAME OF NOTARY PUBLIC

Notary Public for the Province/City of __________

Address

Appointment No. ______ until December, _____

Roll of Attorney No. _______ QuickTime™ and aTIFF (Uncompressed) decompressor

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IBP No. _________;

Series No. of Commission ______

Doc. No. _____ (or Not. Reg. No._____)

Page 2 of 54


Page No._____

Book No._____

Series of 20__.

C. DEED OF SALE

1. REGISTERED LAND

DEED OF ABSOLUTE SALE

I, __(seller)__, of legal age, married to __________, Filipino citizen, and a resident of ___________, in

consideration of the sum of __________ PESOS (P______), to me in hand paid by __(buyer)__, of legal age,

married to _________, Filipino citizen, and resident of _________, do hereby sell and convey unto said

__(buyer)__, his heirs and assigns, a parcel of land with the improvements thereof situated in __________, and

more particularly described as follows:

(Description)

of which I am the registered owner in accordance with the Land Registration Act, as amended, my title thereto

being evidenced by Original/Transfer Certificate of Title No. _____ issued by the Register of Deeds of _______.

IN WITNESS WHEREOF, I have hereunto signed these presents at the city of ________, on this __

day of ______, 2007.

____________________

(Vendor)

WITH MY MARITAL CONSENT:

_____________________



SIGNED IN THE PRESENCE OF:

__________________________

__________________________

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ACKNOWLEDGMENT

2. PERSONAL PROPERTY

BILL OF SALE

KNOW ALL MEN BY THESE PRESENTS:

I, __(seller)__, of legal age, residing at ________________, for and in consideration of the sum of

_________________ PESOS (P__________), Philippine currency, to me paid by__(buyer)__, also legal age

and residing at _______________, receipt whereof is hereby acknowledged, do hereby SELL and CONVEY

unto the said __(buyer)__, his heirs and assigns, the following property:

(Description of Property)

I further covenant with the said __(seller)__ that I own and have the right to sell and transfer the title

and ownership of the above–described property; I will defend the same against the claims of any and all

persons whatsoever.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of __________, 2007,

____________, Philippines.

_________________

(Vendor)

Signed in the presence of:

__________________

__________________

ACKNOWLEDGMENT

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TIFF (Uncompresseare needed to seD. CONTRACT OF LEASE

CONTRACT OF LEASE

__(full name of lessor)__, of age, single / married, with residence and post-office address at

_____________________________; hereby leases unto __(lessee)__ of age, single / married, that certain

premises at _________________, under the following terms and conditions:

Page 4 of 54


1. That the term of this lease shall be ___________________;

2. That the monthly rental of the leased premises shall be _______________ payable in advance within

the first five (5) days of the month;

3. That the premises leased have been received by the lessee in good, habitable conditions;

4. That all the ordinary repairs within the premises that arise in the daily use of the facilities therein shall

be for the sole account and expense of the lessee, without right to reimbursement;

5. That the lessee shall use the leased premises exclusively for family dwelling, and shall have no right

to use the same for business purposes;

6. That the lessee is expressly prohibited to sublet the leased premises to any one, without the express

consent of the lessor in writing;

7. That all charges for water, light, gas, telephone used within the premises shall be at the sole account

of the lessee;

8. That the lessee shall be responsible for the observance of sanitary and electrical regulations required

or imposed by the city or government authorities regarding the use and habitation of the leased premises;

9. That the lessee shall notify the lessor at least 30 days in advance should the lessee decide to

abandon the leased premises;

10. That violation of any of the above terms and conditions will produce ipso facto the rescission of this

contract of lease.

IN WITNESS WHEREOF, the parties hereto have signed this contract of lease this ___ day of

________________, 2007, in the City of ____________, Philippines.

_________________ ___________________

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WITNESSES:

_______________________

_______________________

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ACKNOWLEDGMENT

E. DEED OF DONATION

DEED OF DONATION


This DEED OF DONATION, entered into by and between:

______________, Filipino, of legal age, single, with residence at ______________ and

hereafter called the DONOR,

— and —

______________, Filipino, of legal age, single, with residence at _________________ and

hereafter called the DONEE.

WITNESSETH:

That the DONOR is the absolute owner of that certain real property situated at ____________________and

more particularly described in Transfer Certificate of Title No. _______ of the Register of Deeds of ________,

as follows:

(Description of property)

That, for and consideration of the love and affection of the DONOR for the DONEE (insert consideration for

the donation such as “for faithful services the donee rendered the donor), the said DONOR by theses presents

does hereby TRANSFER AND CONVEY by way of DONATION, unto the said DONEE, the above-mentioned

real property, free from all kinds of liens and encumbrances whatsoever;



That the DONEE does hereby ACCEPT the foregoing donation of the above-described property for which

he/she expresses his/her sincerest appreciation and gratitude for the kindness and liberality shown by the

DONOR.

IN WITNESS WHEREOF, the parties hereto have signed these presents, at _______ City, this ___ day of

__________, 2007.

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________________________ ________________________

(Donor) (Donee)

WITNESSES:

______________________

______________________

ACKNOWLEDGMENT

E. PROMISSORY NOTE

DATE_________________

P_________________, Philippines

_______months (or days) after date, I promise to pay, for value received, to ___________ or order the sum

of_____________________ PESOS, with interest at _____ percent per annum until fully paid. The makers and

indorsers severally waive presentment for payment, protest and notice of non-payment of this note.

___________________

(Maker)

F. BILL OF EXCHANGE

___________City, May__, 2007

For value received, pay to __(payee)__ or order the sum of __________ (P_________) PESOS,

Philippine Currency, and charge the same to the account of __(drawer)__.

_____________________



(Drawer)

G. REAL ESTATE MORTGAGE

REAL ESTATE MORTGAGE

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This REAL ESTATE MORTGAGE, made and executed by and between:

____________________, MORTGAGOR, Filipino, of legal age, single / married to

______________________ with post-office address at ___________________ ; and

____________________, MORTGAGEE, Filipino, of legal age, single / married to

______________________ with post-office address at ___________________

WITNESSESTH:

That the MORTGAGOR does hereby convey by way of REAL ESTATE MORTGAGE unto the

MORTGAGEE the following described real property, situated in ______________________, together with all

the improvements, to wit:

(Description)

of which real property the MORTGAGOR is the registered owner in accordance with the provisions of the Land

Registration Act, his title thereto being evidenced by Transfer / Original Certificate of Title No.

_______________, of the land registry of ______________;

That this real estate mortgage is given as security for the payment to the mortgagee of a certain

promissory note, dated ______________ for the sum of ___________ PESOS (P ______________), with

interest thereon at the rate of ___________ per centum (__%) per annum, according to the terms thereof and

in the words and figures as follows:

(Copy promissory note)

That the conditions of this REAL ESTATE MORTGAGE are such that if the mortgagor shall well and

truly pay or cause to be paid unto the mortgagee the aforesaid sum with accrued interest, then this mortgage

shall be of no further force and effect; OTHERWISE, the same shall remain in full force and effect and shall be

enforceable in the manner provided by law.

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TIFF (Uncompressed) decompressorare needed to see this picture. IN WITNESS WHEREOF, the mortgagor has hereunto set his hand, this __ day of ________________,

2007 in __________________, Philippines.

____________________ ____________________

(Mortgagor) (Mortgagee)

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_________________________

_________________________

ACKNOWLEDGMENT

H. CHATTEL MORTGAGE

DEED OF CHATTEL MORTGAGE


This CHATTEL MORTGAGE, made and executed by __(mortgagor)__, Filipino, of legal age, single (or

married to __________________), with residence and post-office address at _______________________

hereinafter called the MORTGAGOR in favor of __(mortgagee)__, Filipino, of legal age, single (or married to

____________________), with residence and post-office address at __________________ hereinafter called

the MORTGAGEE,

Witnesseth:

That the MORTGAGOR does hereby convey by way of chattel mortgage unto the MORTGAGEE the

following described personal property, situated and ordinarily kept at ___________________ and presently in

the possession of the said MORTGAGOR, to wit:

(Specify and describe the article or articles mortgaged.)

That this CHATTEL MORTGAGE is given as security for the payment to the MORTGAGEE, of a certain

promissory note, dated ____________________, for the sum of _____________ PESOS (P___________),

with interest thereon at the rate of __________________ (__%) per centum per annum, according to the terms

thereof, and in the words and figures following:



(Copy the promissory note)

That the condition of this CHATTEL MORTGAGE is such that if the said MORTGAGOR, his heirs,

executors, or administrators shall well and truly perform the full obligation above stated according to the terms

thereof, then this CHATTEL MORTGAGE shall be null and void; otherwise, it shall remain in full force and effect

and shall be enforceable in the manner provided for by law.

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IN WITNESS WHEREOF, the MORTGAGOR has hereunto set his hand, this __ of ______________,

2007, in _________________, Philippines.

________________________

(Mortgagor)


_________________________

_________________________

ACKNOWLEDGMENT

Affidavit of Good Faith

WE, the undersigned MORTGAGOR and MORTGAGEE, severally swear that the foregoing chattel

mortgage is made and executed for the purpose of securing the obligation specified therein, and for no other

purpose, and that the same is a just and valid obligation, and one not entered into for the purpose of fraud.

_______________________ ______________________

(Mortgagor) (Mortgagee)

JURAT

I. PLEDGE

PLEDGE

This AGREEMENT, made and entered into this ___ day of __________, 2007 by and between

__________ of age, single, and residing at _________________, Philippines, now and hereinafter called the

Pledgor, and _______________________ likewise of age, married, and residing at

________________________, Philippines, now and hereinafter called the Pledgee.

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That WHEREAS, the Pledgor has executed a promissory note dated ______, 2007, in favor of the

Pledgee and made payable within ____ (__) days after date at ________________, Philippines, for amount of

___________________ (P_______) Pesos, Philippine Currency;

WHEREAS, the Pledgor has agreed with the Pledgee to secure the payment of the said note;

Page 10 of 54


NOW THEREFORE, in consideration of the premises and mutual covenants herein contained, the

Pledgor has, as a collateral security for the payment of the aforementioned note and by way of pledge,

deposited with the said Pledgee the following personal property of his own exclusive ownership, and of which

he has the free disposal, to wit:

(Description of Property)

And the said parties to this instrument agree that the Pledgee who acknowledges receipt of the

aforementioned personal property of the Pledgor shall take good care of the said property until redeemed by

the said Pledgor;

That should the said note or any part thereof, or interest to grow thereon, remain due and unpaid, after

the said note shall have been due, according to the terms thereof, the said Pledgor, irrevocably empowers and

authorizes the said Pledgee, his heirs, executors, administrators and assigns, to sell or dispose of the above-

mentioned property or any part thereof at public auction as provided for in Article 2112, of the Civil Code, from

the proceeds of such sale to pay the principal and interest of the said note, and all such costs as may be

incurred by virtue of such sale; and

That in case of deterioration or fall in the price or market value of the personal property herein pledged,

the Pledgor hereby agrees to put up additional security in proportion to the deterioration or fall in market value

of the same, and in default of which, the said note shall be considered due and payable under the above

stipulation; but in the event of payment of said note and interests due therefrom,this agreement is to be void,

and the above-named securities are to be returned to the Pledgor.

IN WITNESS WHEREOF, we have set our hands this __ day of _____, 2007 at ___________,

Philippines.

______________________________

Pledgor

_______________________________

Pledgee

In the presence of:

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_________________________

ACKNOWLEDGMENT

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J. SPECIAL POWER OF ATTORNEY

SEE Art. 1878 of the New Civil Code for the instances for special power of attorney.

SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:

1. That I, __(principal)__, Filipino citizen, of legal age, single (or married to __________), residing at

_________________ have filed a complaint for damages against _____________, Civil Case No. ____,

Regional Trial Court of _______;

2. That said case was scheduled for pre-trial on __________;

3. That in view of the fact that I cannot attend said pre-trial because I am making a business trip to

Japan, I have authorized by these presents my counsel, __(counsel’s name)__, of legal age, single (or

married), residing at ________________ to be my true and lawful attorney, for me and in my name, place, and

stead for the pre-trial _________________, to represent me and giving him full powers to enter into pre-trial

and stipulate facts in accordance with law.

IN WITNESS WHEREOF, I have hereunto set my signature this, __ day of _______, 2007 at

________.

________________________

Principal

Witnesses:

________________________

________________________

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K. ASSIGNMENT

DEED OF ASSIGNMENT

Know All Men By These Presents:

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That I, ________________, of legal age, single/married to _____________ and residing at

_________________ Philippines, for and in consideration of the sum of P_____________ to me in hand paid

by ______________ of legal age, single/married to ___________________ and residing at _______________,

Philippines the receipt of which is hereby acknowledged, do hereby sell, assign, transfer and set over unto said

_____________, his heirs, executors, administrators and assigns, a certain debt now due and owing to me by

_______________, of legal age, single/married to ______________, and residing at _____________

Philippines, to the amount of P_____________, plus interest due and accruing thereon, for money loaned by

me to said _______________.

And I do hereby grant said __________, his heirs, executors, administrators and assigns, the full power

and authority, for his/their own use and benefit, but at his/their own cost and expense, to demand, collect,

receive, compound, compromise and give acquittance for the same or any part thereof, and in my name and

stead or otherwise to prosecute and withdraw any suit or proceeding therefor.

And I do hereby agree and stipulate to and with said ___________ his heirs, assigns, executors,

administrators and assigns that said debt is justly owing and due to me from said ________________ and that I

have not done and will not cause anything to be done to diminish or discharge said debt, or to delay or prevent

said ____________ his heirs, assigns, executors or administrators, from collecting the same.

And I further agree and stipulate as aforesaid that I, my heirs, executors, administrators, assigns, shall

and will at all times hereafter at the request of said ____________, his heirs, executors, administrators and

assigns at his cost and expense, execute and do all such further acts and deeds as shall be reasonably

necessary for proving said debt and to more effectually enable him to recover same in accordance with the true

intent and meaning of these presents.

IN WITNESS WHEREOF, we have hereunto set our hands on this ___ day of _______, 2007 at the city

of ___________.

______________________

(Assignor)

_______________________

(Assignee)

In the presence of:

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_______________________

ACKNOWLEDGMENT

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L. BOARD RESOLUTION AUTHORIZING CORPORATE OFFICER

REPUBLIC OF THE PHILIPPINES }

MAKATI CITY } S.S.

SECRETARY’S CERTIFICATE

I, Katerina Staahl, Filipino, of legal age, with office address at 1434 Ayala Avenue, Makati City, after

being sworn in accordance with law, do hereby depose and state as follows:

1. That I am the incumbent Corporate Secretary of Disk Drives Unlimited, a corporation duly organized

and existing under Philippine laws, with principal office at 1434 Ayala Avenue, Makati City,;

2. That during the special meeting of the Board of Directors held on 5 January 2007, wherein a quorum

was present and acted throughout, after being informed of the necessity of obtaining loans and/or credit

accommodation with any banking/ lending institution, to generate funds for the purpose of expanding

the business of exporting hard disk drives, the Board approved the following resolution, to wit:

RESOLUTION NO. BD-028-2007

“RESOLVED, as it is hereby resolved, that the corporation be empowered and

authorized to apply for, negotiate, obtain loans from DI BASTA BASTA BANKING INC.,

including the renewal, extension and/or increase, rollover or restructuring thereof,

and/or of its existing credit facilities in such amount(s) and under such terms and

conditions as may be mutually agreed upon, and to secure and guarantee the payment

of the aforesaid loan or credit facilities by means of mortgage, pledge, assignment or

any other form of encumbrance upon any and all properties or assets of the

corporation of whatever kind or nature, real or personal, as may be sufficient or

required for the purpose.”



“RESOLVED FURTHER, as it is hereby resolved, that ISIDRO BARRIOS, the

President, be authorized to sign, execute, and deliver any and all documents including

but not limited to loan application, disclosure statement, purpose sheet, application for

letters of credit, promissory note, draft, surety agreement, trust receipt, mortgages,

pledge, assignment, and the like, including the

renewals/extensions/increase/amendments/restructuring thereof, in order to effectuate

the foregoing matters.”

Page 14 of 54


NAME POSITION SIGNATURE

Isidro Barrios President

“RESOLVED FINALLY that DI BASTA BASTA BANKING INC. be furnished a

copy of the foregoing resolutions for its guidance and may continue to rely on the

authority conferred thereon, including the renewal, increase, roll-over and/or

restructuring thereof, unless and except to the extent that the foregoing resolutions

shall be revoked or modified by the receipt of any subsequent resolution/s of the Board

of Directors of the Corporation.”

3. That the foregoing Resolution remains valid and has not in any manner been novated, revoked, nor

repealed to date.

AFFIANT FURTHER SAYETH NAUGHT.

Issued this 20th day of March 2007 at Makati City.

___________________________

Corporate Secretary

II. JUDICIAL FORMS

A. CAPTION

REPUBLIC OF TE PHILIPPINES

SUPREME COURT QuickTime™ and a

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REPUBLIC OF THE PHILIPPINES COURT OF APPEALS

Manila

Page 15 of 54


REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT

Manila, Branch 12

REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT OF MANILA Manila, Branch 12

REPUBLIC OF THE PHILIPPINES MUNICIPAL TRIAL COURT Batangas City, Branch 8

REPUBLIC OF THE PHILIPPINES SECOND JUDICIAL REGION MUNICIPAL TRIAL COURT

Sta. Maria, Bulacan

B. TITLE

BITOY VALENZUELA Plaintiff, -versus- *Civil Case No. 21

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

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* For civil cases file before ordinary courts. Use Crim. Case No. for criminal cases and Sp. Proc No. for

Special Proceedings cases. If filed before the Supreme Court or the Court of Appeals, use G. R. No., or CA-GR No., respectively.

C. SIGNATURE OF COUNSEL

BITOY VALENZUELA

Counsel for ___(plaintiff/ defendant)__

Address: _______________

Roll of Attorney No. _______________

IBP No. ____________, issued

on _______ at __________.

PTR No. _____________, issued

on _______ at __________.

D. PROOF OF SERVICE

RECEIVED COPY this __

day of ________, 2007.

Name of Counsel

Cousel for Plaintiff / Defendant (adverse party)

Roll of Attorneys No. ______

IBP OR No. ______, issued on ______ at _________.

PTR OR No. ______, issued on ________ at ________.

E. NOTICE OF HEARING

It is important to note that the a notice of hearing shall be required only to petitions or motion before trial courts,

such as the MTC and the RTC, and not to the CA and the SC.

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Name of counsel

Counsel for __(adverse party)__

Address: ___________________

Sir / Ma’am:

Page 17 of 54


Please be informed that the undersigned counsel has set the foregoing motion (or petition) for hearing on

______ at 8:30 a.m. for the consideration of the Honorable Court or soon thereafter as counsel may be heard.

Signature of Counsel

F. EXPLANATION

EXPLANATION1

Copy of the foregoing complaint was served upon defendant’s counsel by registered mail, personal

service not being practicable at the present time, due to the messengerial constraints.

G. VERIFICATION

VERIFICATION – It is an averment by the party making a pleading that he is prepared to establish the truth of

the facts which he has pleaded. A pleading is verified by an affidavit stating that the person verifying has read

the pleading and that the allegations thereof are true of his own knowledge.

Verifications based on “information and belief,” or upon “knowledge, information, and belief” shall be deemed

insufficient. (Rule 7, Sec. 6, Revised Rules of Court)

__(Name of affiant)__, after being sworn in accordance with law, deposes and says: “That he (her) is

the petitioner in the above-entitled case; that he has caused the (above) foregoing petition (complaint) to be

prepared and has read the contents thereof; that the allegations therein are true and correct of his (her) own

knowledge.

___________________________

Affiant

JURAT QuickTime™ and a


H. CERTIFICATION AGAINST NON-FORUM SHOPPING

CERTIFICATE OF NON-FORUM SHOPPING

1 Necessary when service is by means other than personal service.

Page 18 of 54


I, _________________, plaintiff, of legal age, a Filipino citizen, with address at ___________________,

in the above-entitled case, do hereby certify under oath that:

1. I have not heretofore commenced any action or proceeding involving the same issues before

the Supreme Court, the Court of Appeals, or any other tribunal or agencies;

2. To the best of my knowledge, no such action or proceeding is pending in the Supreme Court,

Court of Appeals, or any of their Divisions, or in any other tribunal or agency

- Or -

[To the best of my knowledge, an action or proceeding involving the same issues is pending in

the (name of the court) in (title and number of case), and its present status is (status of pending case)

3. If I should hereafter learn that a similar action or proceeding has been filed or is pending before

the supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report such

fact within five (5) days therefrom to the Honorable Court.]

Place and date.

_____________________

(Signature of Plaintiff)

JURAT

J. VERIFICATION AND CERTIFICATION AGAINST NON-FORUM SHOPPING

VERIFICATION AND CERTIFICATION AGAINST NON-FORUM SHOPPING

I, ___________, of legal age, after being sworn in accordance with law, depose and state that:

1. I am the plaintiff in this case. I have been duly authorized to execute this verification and

certification.


are needed to see this picture.2. I have read the contents of the complaint and attest that the same are true and correct based on

the authentic records and my personal knowledge.

3. To the best of my/plaintiff's knowledge, no other similar action is pending in the Supreme Court ,

the Court of Appeals, Regional Trial Court Metropolitan and Municipal Trial Court, or any other

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tribunal or agency, I/plaintiff hereby undertake to report that fact to this Honorable Court within five

(5) days from discovery.

IN WITNESS HEREOF, I have hereunto set my hand this _________.

_____________________________

(Signature of Complainant)

K. GENERAL FORMAT OF A PLEADING

Republic of the Philippines National Capital Judicial Region

Regional Trial Court Branch _____, Makati City

________________,

Plaintiff,

-versus- Civil Case No._____

For:_____________

________________,

Defendant.

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

(TITLE)

(Plaintiff/Defendant), through Counsel, unto this Court, respectfully alleges:

(Body) - Allegations -


are needed to see this picture. (Prayer) WHEREFORE, it is respectfully prayed that____________________.

(Plaintiff/Defendant) prays for such other reliefs as this Honorable Court may deem just and equitable.

Page 20 of 54


Makati City, Metro Manila, ____(Date)____.


VERIFICATION, if required

CERTIFICATE OF NON-FORUM SHOPPING, when appropriate

NOTICE OF HEARING, if required

PROOF OF SERVICE

EXPLANATION

CIVIL

(CAPTION, TITLE, AND SIGNATURE OF ATTORNEY OMITTED. ONLY PERTINENT ALLEGATIONS HAVE BEEN RETAINED) SUMMARY OF REQUIREMENTS FOR COMPLAINT and/or OTHER INITIATORY PLEADINGS

1. Caption

2. Parties

3. Allege ultimate facts and other material allegations

4. Arguments, supported by pertinent provisions of law and jurisprudence

5. Prayer/Relief Sought

6. Signature of Counsel

7. Verification/Certificate of Non-Forum Shopping (initiatory pleading)

8. Notice of hearing

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A. Complaint for Collection of Sum of Money

(Copy Caption and Title)

COMPLAINT

1. Plaintiff ______________ (hereafter Plaintiff) is a Filipino citizen, of legal age, married and

Page 21 of 54


residing at ____________________ where he may be served with court processes, motions, and decision;

2. Defendant _______________ (hereafter Defendant) is a Filipino citizen, of legal age, and

residing _______________________________ where he may be served with summons and other court

processes;

3. That on August 1, 1990, defendant executed a promissory note in favor of the plaintiff in the

amount of P________ payable within 30 days from the date of the promissory note (attached as “Annex A”)

which reads as follows:

Manila, Philippines

1 August 1990

I promise to pay Juan dela Cruz the sum of P50,000 or order within 30 days from this

date.

PEDRO REYES

4. That the 30-day period had elapsed and despite demands made orally and in writing (attached

as “Annex B”) by the plaintiff, defendant refused and failed to pay the amount stated in the promissory note.

5. That due to the unjust refusal of defendant to comply with the demands, plaintiff was compelled

to file the instant action engaging the services of counsel in the amount of P10,000.00.

WHEREFORE, plaintiff respectfully prays for judgment in his favor through a Decision directing

defendant to pay him FIFTY THOUSAND PESOS (P50,000.00), with legal interest, as ACTUAL DAMAGES and

TEN THOUSAND PESOS (P10,000.00) as Attorney’s Fees.

Other just and equitable reliefs are also prayed for.

Place and date.



d to see this picture.

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING are neede

B. Complaint for Ejectment


COMPLAINT

Page 22 of 54


PLAINTIFF, by counsel, respectfully states that:

1. Plaintiff is a foreign corporation organized and existing under the laws of France with business

address at 111 Ocean Drive, Tuna Compound, Quezon City; Defendant is a Filipino, of legal age, single and

currently resident of 112 Ocean Drive, Tuna Compound, Quezon City, where he may be served with summons

and other pertinent processes.

2. Plaintiff owns that property located at 112 Ocean Drive, Tuna Compound, Quezon City which it

leased to defendant under the terms and conditions stated in the Contract of Lease dated 1 January 1995,

which contract expires on 31 December 1996. A copy of the contract is attached as ANNEX A.

3. Upon expiration of the contract, plaintiff informed defendant of its intention not to renew the lease as

it would use the property for its business expansion; plaintiff then asked defendant to vacate the premises. A

copy of plaintiff’s letter to defendant is attached as ANNEX B.

4. Despite demand duly made and received, defendant has refused to vacate the premises and

continues to occupy the property without plaintiff’s consent. Resort to the Barangay conciliation system proved

useless as defendant refused to appear before the Lupong Tagapamayapa. A Certification to File Action is

attached as ANNEX C.

5. Defendant’s act of dispossession has caused plaintiff to suffer material injury because plaintiff’s

business expansion plans could not be implemented despite the arrival of machineries specifically leased for

this purpose at the rental rate of US$500 per month. Defendant’s continued occupation of the premises has

also forced plaintiff to sue and to incur legal expenses amounting to Fifty Thousand Pesos (PHP50,000.00).

WHEREFORE, plaintiff respectfully prays for judgment in its favor by ordering defendant to vacate the

property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff the amount of

US$3,500 representing rentals on the machineries for seven (7) months and Fifty Thousand Pesos

(P50,000.00) for Attorney’s fees.

Other just and equitable reliefs are also prayed for.



Place and date.


VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

Page 23 of 54


C. Complaint for Unlawful Detainer


COMPLAINT COMES NOW, the plaintiff through undersigned counsel, and to this Honorable Court respectfully

alleges:

1. That plaintiff is married, Filipino citizen and residing at _______________ where he may be

served with court processes, motions, and decision while defendant is a Filipino citizen, married and residing at

____________________ where he may be served with summons and other court processes;

2. That plaintiff is the owner of a land over which an apartment had been constructed, located at

436 Rizal Avenue, Manila;

3. That by virtue of a contract of lease, plaintiff leased unto the defendant the aforesaid apartment

for a consideration of P5,000.00 (Five Thousand Pesos) a month as rental to be paid within the first ten days of

each month starting December 1, 2006;

4. That defendant failed to pay the agreed rental for several months starting from February 2007

up to the present;

5. That on April 2, 1993, plaintiff sent a letter of demand to vacate the apartment which was

received by the defendant as shown in the registry return receipt hereto attached;

6. That despite said letter of demand which was repeated by oral demands defendant failed and

still refused to pay the agreed amount of rentals and to vacate the apartment;

7. That by reason of the failure of the defendant to vacate the premises and to pay the unpaid

rentals, plaintiff was compelled to file this complaint engaging he services of counsel in the amount of P10,000.

WHEREFORE, it is respectfully prayed that judgment be rendered ordering the defendant to vacate the

premises to pay the unpaid monthly rentals in the amount of P50,000 and further rentals until the said

defendant fully vacates the premises and to pay the costs of the suit.


are needed to see this picture.Plaintiff prays for such other remedy, as this Honorable Court may deem just and equitable.

Place and date.


Page 24 of 54



E. Complaint before the Lupon Tagapamayapa

Republic of the Philippines

Province of_________

City/Municipality______

Barangay________

________________,

Complainant,

-versus- Barangay Case No._____

For:_____________

________________,

Respondent.

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

COMPLAINT

I hereby complain against respondent ____________ for violation of my rights and interest committed

in the following manner:

(Body) - Allegations -

(Prayer)

WHEREFORE, it is respectfully prayed that____________________

Copy relief prayed for

Made this_____day of__________, 200__



Punong Barangay/ Lupon Chairman

Summons and notices of hearing sent to the parties. If the parties could not settle their dispute, the Pankat

Secretary of the Office of the Lupon Tagapamayapa shall issue a Certificate to file action.

Page 25 of 54


F. Answer with Special and Affirmative Defenses and Counterclaim

(Caption and Title)

ANSWER

COMES NOW, the defendant, through the undersigned counsel, in the above-entitled case and to this

Honorable Court most respectfully alleges:

1. Defendant admits averment in paragraphs 1,2 and 3 of the complaint;

2. Defendant specifically denies the allegation in paragraph 4 of the complaint, the truth being that

(fact being claimed by the defendant as the true state of facts or truth in the special and affirmative

defenses herein set forth):

3. Defendant has no knowledge or information to form a belief as to the truth of the averment in

paragraphs 5, 6, 7 and 8 of the complaint

By way of special and affirmative defenses, the defendant avers:

1. The obligation has been paid

2. The cause of action has prescribed

By way of counterclaim, defendant alleges:

1. That by virtue of this unwarranted and malicious act initiated by the plaintiff, the defendant was

forced to engage the services of counsel in the sum of twenty-thousand pesos (P20,000).

WHEREFORE, it is respectfully prayed that the complaint be dismissed and defendant be awarded the

amount of __________ pesos (P _________).

Other equitable reliefs are likewise prayed for.

Place and date.


are needed to see this picture. Signature of Counsel

G. Motion for Extension of Time


Page 26 of 54


MOTION FOR EXTENSION OF TIME


1. He has been directed to file a Reply to defendant’s Answer by 10 January 2007.

2. The undersigned counsel, however, anticipates his inability to file the Reply on or before the said due date

because of the tremendous pressure of other equally urgent professional work requiring the preparation of pleadings

and almost daily trial appearances before the various courts within and outside Metro Manila. For this reason, the

undersigned is constrained to ask for an additional fifteen (15) days from 10 January 2007 or until 25 January 2007,

within which to submit plaintiff’s Reply.

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

WHEREFORE, plaintiff respectfully prays that he be granted an additional fifteen (15) days from 10 January

2007, or until 25 January 2007, within which to submit plaintiff’s Reply.

Quezon City; 1 August 1999.


NOTICE OF HEARING2

PROOF OF SERVICE

EXPLANATION

H. APPEARANCE OF COUNSEL


ENTRY OF APPEARANCE

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are ncompressed) decompressorneeded to see this picture.

THE BRANCH CLERK OF COURT

Regional Trial Court

Quezon City-Branch 101

Please enter the appearance of the undersigned as counsel for defendant _______________, with her

2 Notice of hearing shall not be necessary in case of a motion for extension of time filed by defendant to submit answer to a complaint for the such an extension is a matter of right on the part of the defendant, therefore making a hearing unnecessary.

Page 27 of 54


express conformity as indicated below, in this case. Henceforth, kindly address all pertinent notices to the

undersigned at the address given below.

RESPECTFULLY SUBMITTED.

Place and date.


WITH MY CONFORMITY:

__________________________

(Defendant)

PROOF OF SERVICE

EXPLANATION

I. WITHDRAWAL OF COUNSEL


WITHDRAWAL OF APPEARANCE

THE BRANCH CLERK OF COURT

Regional Trial Court

Quezon City-Branch 101

Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff

__________________, with his express conformity as indicated below, in this case. Henceforth, kindly address

all pertinent notices to plaintiff at his address given in the Complaint.


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TIFF (Uncomare neede Place and date.


WITH MY CONFORMITY:

Page 28 of 54


_________________________

(Plaintiff)

J. Motion to Dismiss


MOTION TO DISMISS COMES NOW, the defendant, through counsel, respectfully moves this Honorable Court to dismiss the

plaintiff’s complaint on the following grounds:

1. That the claim set forth in the plaintiff’s complaint has been released;

2. That said claim or demand is unenforceable under the provisions of the statute of frauds.

ARGUMENTS (a) That the claim or demand set forth in the plaintiff’s complaint has been released.

(Here state the reasons to support the first ground.)

(b) That said claim or demand is unenforceable under the provisions of the Statute of Frauds.

(Here state the reasons to support the second grounds.)

WHEREFORE, in view of all the foregoing, the undersigned attorney prays that plaintiff’s complaint to

be dismissed, with costs against the plaintiff.

Place and date.




NOTICE OF HEARING

PROOF OF SERVICE

EXPLANATION

Page 29 of 54


K. Motion to Declare Defendant in Default


MOTION TO DECLARE DEFENDANT IN DEFAULT


1. Plaintiff filed this Complaint against defendant on 1 January 2007; summons were served on

defendant on 20 January 2007, as indicated by the Sheriff’s Return of even date, a copy of which is attached as

ANNEX A.

2. Defendant’s reglementary period to file Answer ended on 5 February 2007; no motion for extension

of such period was filed nor was any granted motu propio by this Honorable Court. Despite the lapse of time,

defendant has failed to answer the Complaint against her; plaintiff is entitled to a declaration of default and the

right to present evidence ex parte against defendant.

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.

Place and date.


NOTICE OF HEARING

PROOF OF SERVICE

EXPLANATION



L. Motion to Lift Order of Default


MOTION TO LIFT ORDER OF DEFAULT AND FOR NEW TRIAL

COMES NOW, L, defendant in the above-entitled case through the undersigned counsel and to this

Page 30 of 54


Honorable Court respectfully alleges:

1. That the summons issued by this court was served in an address which was not the correct

address of the defendant as he is now living in another city which is _______________;

2. That the defendant was not duly informed about said complaint against him, hence, he was not

able to file the answer;

3. That if properly served with the summons he will file his answer and has a good and valid

defense.

WHEREFORE, defendant respectfully prays the order of default issued by this Honorable Court be

lifted and he be allowed to file his answer and a new trial be held.

Place and date.


NOTICE OF HEARING

PROOF OF SERVICE

EXPLANATION

M. Pre-trial Brief


PRE-TRIAL BRIEF

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


are needed to see this picture.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 of

openness from plaintiff, defendant is open to the possibility of amicably settling this dispute.

Page 31 of 54


1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, defendant respectfully submits that

the desired terms of any amicable settlement would involve, first, a clarification of the actual extent of any

obligation due and owing to plaintiff inasmuch as there is nothing to indicate defendant’s obligations to plaintiff

and, second, a schedule of payments.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

(Allege summary of claims and defenses.)

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

3.1. Defendant admits only those facts stated in her Answer, i.e., her personal circumstances, receipt

of the demand letter dated __________ 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

4.1. Defendant submits that the following issues put forward by plaintiff are subject to proof:

4.1.1. Plaintiff’s personality to seek legal reliefs;

4.1.2. Plaintiff’s entitlement to the amount claimed;

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

4.2.1. Plaintiff’s bad faith in filing this suit;

4.2.2. Defendant’s entitlement to the claims made in her Compulsory Counterclaim as a result

of plaintiff’s bad faith;

V. EVIDENCE

5.1. Defendant intends to present the following witnesses:

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TIFF (Uncompressed) decompressorare needed to see this picture.(Enumerate and describe evidence sought to be presented.)

5.2. Defendant reserves the right to present any and all documentary evidence, which shall become

relevant to rebut plaintiff’s claims in the course of trial as well as any other witnesses whose testimony will

become relevant to belie plaintiff’s witnesses, if necessary.

Page 32 of 54


VI. RESORT TO DISCOVERY

6.1. Considering the relatively simple issues presented, defendant does not intend to avail of discovery

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.


Place and date.


PROOF OF SERVICE

N. Motion for Postponement


MOTION FOR POSTPONEMENT OF HEARING

COMES NOW the defendant, by the undersigned counsel, unto this Honorable Court respectfully

states:

That the above-entitled case is set for hearing on March 9, 2007;

That counsel for defendant is afflicted with _____ and is now under the medical care of Dr. Estrada. A

copy of the physicians certificate under is hereto attached.



WHEREFORE, it is respectfully prayed that the hearing set on July 9, 2007 be set to another day

preferably on the first week of August 2007 or at the convenience of this Honorable Court.

Place and date.


Page 33 of 54


NOTICE OF HEARING

PROOF OF SERVICE

EXPLANATION

O. Motion for Intervention


MOTION FOR INTERVENTION

COMES NOW, ___(Name of Intervenor)___, by undersigned counsel and to this Honorable Court

respectfully alleges:

1. (allege facts showing intervenor’s legal interest in the matter under litigation, and that he may

be adversely affected by the result of the proceedings)

2. Allowing movant to intervene will not unduly delay the adjudication of the case and will prevent

multiplicity of suits

3. Copy of the complaint-in-intervention is attached hereto and is served on the original parties, as

shown by the service of motion along with its enclosed complaint-in-intervention.

WHEREFORE, __(Name of Intervenor)__ respectfully prays that he be allowed to intervene in the case

as party plaintiff; that the attached complaint-in-intervention be admitted; and that defendants be ordered to file

their answer to the complaint-in-intervention.

Place and date.


NOTICE OF HEARING UPON PLAINTIFF AND DEFENDANT QuickTime™ and a

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EXPALANATION

Page 34 of 54


P. Application for Issuance of SUBPOENA DUCES TECUM / AD TESTIFICANDUM

The Clerk of Court

RTC, Makati

Sir:

As counsel for plantiff/defendant, may I request that a subpoena/subpoena duces tecum be issued to

____________, with address at _________, to testify (for subpoena ad testificandum) / to testify and bring with

him the following documents (for subpoena duces tecum), which are not confidential nor privileged, and which

are needed in the hearing of the above-entitled case on _________, 2007 at 8:30 a.m. and at any subsequent

hearings, to wit:

(Enumerate the documents.)

The undersigned will pay the legal fees for such purpose.

Place and date.


Q. Motion for Summary Judgment


MOTION FOR SUMMARY JUDGMENT

COMES NOW, plaintiff, through the undersigned counsel, and to this Honorable Court, respectfully

alleges:

1. In defendant’s answer to the complaint, which is for aa sum of money, he claims that he ahs

paid the principal amount and the remaining issue refers merely to a proper computation of the interest.

However, defendant did not attach to his answer any alleged receipt issued by plaintiff to show his payment

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are needed to see this picture.TIFF (Uncompressed) decompressor

2. The burden of showing payment rests on defendant, by showing receipt of payment, if any. A

verbal claim is not sufficient. In this connection, plaintiff asserts, under oath, that defendant has not paid the

principal amount. While he issued a check as payment of his obligation, the check when deposited was

dishonored for insufficiency of funds. Copy of the returned check is attached hereto as Annex “A”. Plaintiff duly

informed defendant of the dishonor of his check, but he ignored it, prompting plaintiff to file the instant

complaint.

Page 35 of 54


3. With respect to the computation of the 12% interest, the same is a matter of mathematical or

arithmetical computation, which raises no factual issue. For this purpose, enclosed is the computation of such

interest, whcih is attached hereto as Annex “B”.

4. In short, there is no genuine issue of fact which requires full-blown trial.

WHEREFORE, plaintiff prays for judgment, as prayed for in the complaint, and for such other reliefs as

may be just and equitable in the premises.

Place and date.

Signature of counsel

VERIFICATION

NOTICE OF HEARING

PROOF OF SERVICE

EXPLANATION

R. Motion for Judgment on the Pleadings


MOTION FOR JUDGMENT ON THE PLEADINGS


1. On 5 May 1998, plaintiff sued defendant for a sum of money in the amount of

______________(P_________).



2. Defendant admitted that obligation in her answer and merely asked for an extension of time to pay

the said obligation but that Plaintiff filed this Complaint instead.

3. The Answer admits the material allegations of the Complaint and has not tendered any issue;

consequently, a judgment on the pleadings may be rendered.

WHEREFORE, plaintiff respectfully prays that this Honorable Court render a judgment on the pleadings

Page 36 of 54


in her favor.

Place and date.


NOTICE OF HEARING

PROOF OF SERVICE

EXPLANATION

S. FORMAL OFFER OF EVIDENCE


FORMAL OFFER OF EVIDENCE (In Support of __(defendant’s)__ Prayer for the dismissal

of the complaint for collection of sum of money)

Defendant, by counsel, respectfully submits its formal offer of exhibits in support of its prayer in the

Complaint dated ______________ for the dismissal of the complaint for collection of sum of money with

application for writ of preliminary attachment.

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d a

EXHIBITS DESCRIPTION

Exhibit “A” Confirmation Advice issued to Eugenio Villireal III indicating the

amount of Ten Million pesos (P 10,000,000.00) as the amount of

money lent

Exhibit “A-1” The bracketed and sub-marked portion of Exhibit “A” containing the

signature of Eugenio Villareal III

Exhibit “A-2” The bracketed and sub-marked portion of Exhibit “A” containing the

signature of Raul Gerodias as President and authorized representative

of defendant ABC Capital Corporation

PURPOSE The foregoing exhibits are being offered to prove the following facts:

1. Eugenio Villareal III invested Ten Million Pesos (P 10,000,000.00) with Defendant ABC Capital

Corporation and correspondingly, a confirmation advice was issued indicating that plaintiff’s money was

lent to XYZ Realty, Inc.

Page 37 of 54


2. Defendant ABC Capital Corporation have acted merely in plaintiff’s behalf and/ or for his benefit, risk

and account without recourse or liability, real or contingent, to the former in respect to the loan granted

to XYZ Realty, Inc.

3. Plaintiff freely and voluntarily signed the Confirmation Advice, such act indicating his conformity to the

terms and conditions of the transaction.

The foregoing exhibits are also being offered as part of the testimony of ABC Capital’s witnesses.

Allied Bank respectfully manifests that the foregoing faithful reproductions and originally marked

documentary exhibits are attached hereto and respectfully submitted herewith.

PRAYER

WHEREFORE, it is respectfully prayed that the foregoing exhibits be admitted in evidence for the

purpose/s for which they are offered and as part of the testimony of the witness presented by ABC Capital

Corporation.

Other reliefs just and equitable are likewise prayed for.

Place and date.


PROOF OF SERVICE

T. Motion for Execution


MOTION FOR EXECUTION PLAINTIFF, through the undersigned counsel, and to this Honorable Court, respectfully alleges:



1. The decision in favor plaintiff has become final and executory since more than fifteen (15) days

from defendant’s receipt therof on ____ had already without defendant appealing therefrom.

2. After a decision has become final, execution is a matter of right on the part if the prevailing

party and a ministerial duty of the court to issue writ of execution.

WHEREFORE, plaintiff prays that a writ of execution be issued for the satisfaction of the judgment

dated __________.

Page 38 of 54


Place and date.


The Clerk of Court

RTC

Address

Sir:

Please submit the foregoing motion for the approval of the Court upon receipt thereof, notice and

hearing not being required.


PROOF OF SERVICE

U. Notice of Lis Pendens


NOTICE OF LIS PENDENS

THE REGISTER OF DEEDS

____________ City, ________ Province

Please take notice that a parcel of land covered by TCT No. ______ located in _______________;

registered in the name of defendant is the subject matter of an action for reconveyance of an undivided one-

sixth portion thereof filed by__________, above-named plaintiff. Accordingly, please record this notice on the

title.




Place and date.


PROOF OF SERVICE

Page 39 of 54


EXPLANATION

V. Motion for Reconsideration


MOTION FOR RECONSIDERATION

COMES NOW, the defendant through the undersigned counsel, and to this Honorable Court

respectfully moves for the reconsideration of the decision dated ___, copy of which was received by him _____,

on the following grounds:

1. The following findings or conclusions in the decision are not supported by the evidence, to wit:

(Allege findings and conclusions not supported by evidence.)

2. The following conclusions are contrary to law, to wit:

(Copy conclusions and cite law, which does not support the same.)

WHEREFORE, defendant prays that the decision be reconsidered and set aside, and a new one

rendered in favor of herein defendant, to the end that the complaint be dismissed.

Defendant further prays for such other reliefs as may be just and equitable in the premises.

Place and date.


NOTICE OF HEARING

PROOF OF SERVICE QuickTime™ and aTIFF (Uncompressed) decompressor


EXPLANATION

Page 40 of 54


W. Motion for New Trial on the Ground of Fraud, Accident, Mistake or Excusable Negligence 3


MOTION FOR NEW TRIAL

COMES NOW, the defendant through the undersigned counsel and to this Honorable Court,


1. (Allege facts constituting fraud, accident mistake or excusable negligence)

2. Defendant has good and valid defenses to defeat plaintiff’s claim, (State valid defenses.)

3. In support of this motion, defendant attaches herewith as part hereof, his affidavit supporting

the accident or mistake and his good and valid defenses to defeat plaintiff’s claim, as Annex “2”

WHEREFORE, defendant prays that the decision be reconsidered, that he be granted a new trial, that

the case be set for pre-trial and trial on the merits, and thereafter a new judgment be rendered holding

defendant free and harmless from any liability and dismissing the complaint

Place and date.


VERIFICATION

NOTICE OF HEARING

PROOF OF SERVICE

EXPLANATION

X. Motion for New Trial on the Ground of Newly Discovered Evidence 4



are needed to see this picture. MOTION FOR NEW TRIAL

3 Requires affidavits of merits. 4 Must be supported by affidavits of the witnesses by whom such evidence is expected, or duly authenticated documents which are proposed to be introduced as evidence.

Page 41 of 54


COMES NOW, the defendant through the undersigned counsel, and to this Honorable Court,


1. Judgment against defendant was served on defendant on _______.

2. Since said date or receipt if the judgment and before the period to appeal therefrom has

lapsed, defendant discovered and presented during trial.

3. The newly discovered evidence consist of the following:

(List and describe the newly discovered evidence.)

4. The affidavit of ___(name of witness)__, by whom such newly discovered evidence is expected

to be given, is attached hereto as Annex “1”. Duly authenticated documents, which are proposed to be

introduced in evidence, are attached hereto as Annexes “2” and “3”.

5. The above newly discovered evidence would probably alter the results of the case.

WHEREFORE, defendant prays that the decision be reconsidered, the case re-opened for trial,

defendant be allowed to present his newly discovered evidence thereat, and thereafter judgment be rendered in

favor of defendant.

Place and date.


VERIFICATION

NOTICE OF HEARING

PROOF OF SERVICE

EXPLANATION

Y. Motion for Relief from Judgment


are needed to see this picture. (Copy Caption and Title)

MOTION FOR RELIEF FROM JUDGMENT

COMES NOW, the defendant through the undersigned counsel and to this Honorable Court,


Page 42 of 54


1. The trial court rendered an adverse judgment against him dated __________, which he learned

when plaintiff informed him that he would take steps to execute the same, as it had become final.

2. (Allege facts constituting fraud, accident, mistake, or excusable negligence attending the

promulgation of the judgment)

3. Attached herewith as Annex “1” is an affidavit of defendant attesting to the (e.g. fraudulent

scheme) which prevented his having his day in court and showing his good and valid defenses.

4. The instant petition is filed within sixty (60) days after the petitioner learns of judgment, final

order, or other proceeding to be set aside, and not more than six (6) months after such judgment or final order

was entered, or such proceeding was taken;

WHEREFORE, defendant as petitioner prays that the judgment be set aside, the case re-opened,

defendant be allowed to present his evidence, and thereafter another judgment be rendered in favor of

defendant, dismissing plaintiff’s complaint.

Defendant further prays for such other reliefs as may be just and equitable in the premises.

Place and date.

Signature of counsel

VERIFICATION

NOTICE OF HEARING

PROOF OF SERVICE

EXPLANATION

Z. Motion to Disqualify the Judge


MOTION TO DISQUALIFY THE JUDGE


are needed to see this picture.COMES NOW the defendant in the above-entitled case and by the undersigned counsel respectfully

moves this Honorable Court to desist from trying the above-entitled case on the following averments:

1. That defendant has been summoned before this Honorable Court;

2. That it appears that there is danger of partiality, bias and prejudice in favor of the plaintiffs for the

Page 43 of 54


reason that Honorable Judge John Gomez is related to the plaintiff within the 4th Civil Degree of Consanguinity;

3. That defendant will be prejudiced if the Honorable Judge continues to hear the above-entitled case;

4. That it is necessary that the Honorable Judge inhibit himself so as to promote the administration of

justice.

WHEREFORE, in view of the foregoing, the undersigned counsel prays that Honorable Judge John

Gomez inhibit himself and be disqualified from hearing and trying the above-entitled case.

Place and date.


NOTICE OF HEARING

PROOF OF SERVICE

EXPLANATION

AA. Petition for Certiorari

(Caption and Title)

PETITION FOR CERTIORARI COMES NOW the petitioner by the undersigned attorney, and unto this Honorable Court, respectfully

alleges:

1. (State the capacity and residence of the petitioner, and of the respondent).

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2. (State the facts and circumstances under which the respondent (tribunal, board, or officer

exercising judicial functions) has acted without, or in excess of its or his jurisdiction, or with grave abuse of

discretion in the exercise of his judicial functions.)

3. (State that there is no appeal from such decision, nor any plain, speedy, and adequate remedy

in the ordinary course of law.)

4. That a certified true copy of the decision (or order) herein sought to be reviewed is hereto

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attached as Annex “A”, together with copies of all pleadings and documents relevant and pertinent thereto.

WHEREFORE, it is respectfully prayed, that a writ of certiorari be issued, ordering the proceedings

herein complained of to be forthwith certified upon for review (with prayer for a preliminary injunction as the

case may be, for the protection of the rights of petitioner pending such proceedings), and after due hearing, let

judgment be rendered annulling or modifying the proceeding of (the defendant tribunal, board or officer) as the

law requires, with costs.

Place and date.



BB. Petition for Prohibition


PETITION FOR PROHIBITION

PETITIONER, by counsel, respectfully states that:

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 on Motion for

Reconsideration, if filed, denied.)

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 abuse of discretion amounting to

lack or excess of jurisdiction.)

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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 cause grave 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 arising from the writ should

petitioner be found not to be entitled to the writ.)

5. There is no appeal from such decision, nor any plain or adequate speedy remedy in the ordinary

Page 45 of 54


course of law, except this petition.

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

“A”.

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 notice and hearing, a writ of

prohibition issue directing respondent/s to desist absolute and perpetually from further proceedings (in the said

action or matter).



CC. Petition for Mandamus


PETITION

COMES NOW, the petitioner, by the undersigned counsel, and unto this Honorable Court, respectfully

alleges that:

1. The petitioner is of legal age, (State capacity and residence of both the petitioner and

respondent);

2. (State the facts and circumstances whereby the respondent unlawfully neglected the

performance 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 the petitioner is entitled.);

3. The petitioner has no other plain, speedy and adequate remedy in the ordinary course of law,

other that this action;

4. The petitioner by reason of the wrongful act of the respondent has sustained damages in the

sum of ___________PESOS (P____________)


are needed to see this picture.WHEREFORE, it is respectfully prayed that after due notice and hearing, a Writ of Mandamus be

issued, commanding the respondent forthwith to: (state act required to be done), with damages and costs.

Place and date.


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DD. Petition for Reconstitution of TCT


PETITION FOR RECONSTITUTION OF TRANSFER CERTIFICATE OF TITLE

COMES NOW, petitioner _____________, through counsel, unto this Court, respectfully alleges:

1. That petitioner is of legal age, married, Filipino citizen and residing at

_____________________ where he may be served with court processes, motions, and decision; that

respondent _________________ is the Register of Deeds of ____________________ where he may be

served with summons and other court processes;

2. That petitioner is the registered owner of a parcel of land located at ___________________

and covered by Transfer Certificate of Title No. ________, Register of Deeds of __________, free of any

encumbrances;

3. That on _____________ the office of the register of Deeds of ____________ was burned and

all the Torrens Titles in said office including T.C.T. No. _______ were burned;

4. That said T.C.T. was never mortgaged or sold to anyone.

WHEREFORE, it is respectfully prayed that the Register of Deeds of ______________ issue a

reconstituted Original Title based on the owner’s Duplicate Certificate of Title hereto attached in the name of

herein petitioner.

Place and date.




VERIFICATION

SPECIAL PROCEEDINGS

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A. Petition for Letters of Administration

(Copy Title)

In the Matter of the Intestate Estate Of Bitoy Valenzuela. Petition for Letters of Administration. SP. PROC. No. _______ Kwame Valenzuela, Petitioner. x----------------------------------------------------x

PETITION

COMES NOW, the petitioner through the undersigned counsel and to this Honorable Court, respectfully

alleges;

1. Petitioner is of legal age, widow of the late Bitoy Valenzuela, and with residence at

________________, her husband having died on _______________ leaving no will, in the City of Manila and

resided at ______________, which haw his last residence at the time of his death.

2. The deceased was survived by his wife, herein petitioner, and two children with following

names, ages and addresses:

(List the names of the heirs and their corresponding ages and addresses.)

The deceased left the following properties;

(List and describe properties left.)

As far as petitioner knows, the following are the names and residences of the r elatives of the

deceased:


are needed to see this picture. (List names of relatives.)

WHEREFORE, petitioner prays that after notice, publication and hearing, petitioner be issued letters of

administration of the estate of her late husband, Bitoy Valenzuela, and for such other reliefs as are provided in

the Rules of Court.

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Place and date.


VERIFICATION

B. Petition for Change of Name


PETITION FOR CHANGE OF NAME

The petitioner, through counsel, and unto this Honorable Court, respectfully avers that:

1. Petitioner is of age, single/married/ and a resident of___________________

2. He has been a bona fide resident of the province of ______________since the year_____, or

at least three (3) years prior to the date of filing of this petition;

3. His present name as recorded is________________ and that he is also known as (state

aliases)

4. (State reason for which the change of name is sought)

5. The petitioner requests that his present name be changed to_________.

WHEREFORE, it is respectfully prayed that, after due notice and publication in accordance with the

Rules of Court and hearing this Honorable court adjudge that the petitioner’s name of ___________ be

changed to_______________.


VERIFICATION

C. Petition for Habeas Corpus

(Copy Caption and Title) QuickTime™ and aTIFF (Uncompressed) decompressor


PETITION FOR A WRIT OF HABEAS CORPUS

COMES NOW the Petitioner, ____________, by the undersigned counsel, and unto this Honorable

Court, respectfully submits:

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1. That petitioner is a Filipino citizen, of legal age, with address at ______________ and the

respondent is a Filipino citizen, of legal age, with address at _________________.

2. That the petitioner, ___________, in whose behalf this application is being made, is actually

restrained of his liberty by the respondent, ____________ at the latter’s residence at ____________________.

3. That this restraint of liberty consists of the following:

(State facts constituting the illegal confinement.)

4. That such restraint of liberty and the confinement of the petitioner under the circumstances state are

without legal authority;

5. That the petitioner through counsel has exhausted all efforts available at law, and that he has no

other plain, speedy, and adequate remedy to protect his personal rights except by his application for a Writ of

Habeas Corpus.

WHEREFORE, your petitioner respectfully prays that a Writ of Habeas Corpus be issued by this

Honorable Court, directed to respondent ____________ or any other person acting under his authority,

commanding the latter to have the body of ___________ before this Court at the time and place therein

specified, and to summon the respondent ________________ then and there to appear to show cause of the

detention of said _________________; ________________; and that after due proceedings, the said

___________________ be restored to his liberty and forthwith discharged from confinement.

Petitioner further prays for such other relief as this Honorable court may deem just and equitable under

the premises.

Place and date.


VERIFICATION


are needed to see this picture. CRIMINAL

A. Complaint-affidavit

Republic of the Philippines )

Page 50 of 54


City of Makati ) s.s.

COMPLAINT-AFFIDAVIT

I, _________, of legal age, Filipino, and resident of ___________________, do hereby state under oath

that:

1. I am a member of the ____________________(“Association”) and was formerly a Director and

Corporate Secretary of the Association.

2. I accuse and hereby charge _____________, residing at ________________, of violating Article

358 of the Revised Penal Code (Slander and Oral Defamation), committed against me when he publicly,

maliciously and deliberately uttered defamatory remarks against me during the Board Meeting of the

Association on _____________. This is attested to by the following exchange that transpired between

___(respondent)__ and the other members of the Board in attendance:

(Quote Exchange)

Attached as ANNEX A is a copy of the official transcript of the meeting.

3. Prior resort to the Barangay conciliation system proved fruitless as __(respondent)__ did not retract

his remarks. Consequently, a “Certification to File Action” was issued by the Barangay Chairperson, a copy of

which is attached as ANNEX B.

4. There is no other person named __(“complainant’s name”)__ residing at ____________ nor is there

any other person named “__(complainant’s name)__”, who has acted as Board Member of the Association.

Consequently, __(respondent)__’s public and defamatory utterance was clearly a reference to me and to no

other.



5. Respondent’s remarks, calling me a swindler twice over, uttered in a public meeting are clearly

insulting and defamatory as they malign me and attribute to me a criminal act, nature and predisposition.

There is, moreover, no doubt that respondent’s use of the word “swindled” was deliberate as his explanation

and clarification a few utterances thereafter would show. Respondent’s remarks are also very serious as they

cast aspersions on my reputation, character and very person before my peers and fellow homeowners.

6. Respondent’s remarks have injured my name, reputation and character before my neighbors and

peers. While my name, reputation and character are incapable of pecuniary estimation as these are the result

of a lifetime’s effort to build a name, reputation and character that my children and their children can be proud to

bear, respondent cannot be allowed to simply go scot-free without bearing the consequences of his acts. For

this reason, I am also holding respondent liable civilly for defaming me in the amount of _____________

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(P____________) in nominal damages, ____________ (P_______) in moral damages and ___________

(P____________) in exemplary damages.

TO THE TRUTH OF THE FOREGOING, I have signed this Complaint-Affidavit on _____________.

__________________________

Complainant-Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this ___ day of January, 2007.

________________________

Investigating Prosecutor

CERTIFICATION

I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIED

THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT.

__________________________

Investigating Prosecutor

B. Motion to Quash Information


MOTION TO QUASH

THE ACCUSED, by counsel, respectfully moves to quash the Information for the crime of theft on the following:

GROUNDS (Enumerate the ground/s relied upon.)



In support, the accused respectfully states that:

ARGUMENT

The Information alleges that the accused ________________ is eleven (11) years old and without any known

address. Under Article 12, paragraph 3 of the Revised Penal Code, a person over nine years of age and under fifteen,

unless he acted with discernment, is exempt from criminal liability.

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There is no allegation that the accused acted with discernment. Even granting said discernment, the accused

cannot be tried but instead proceeded against under Article 80 of the Revised Penal Code, which provides that a minor,

unless sixteen years of age at the time of the commission of a grave or less grave felony, cannot be tried but instead

shall have the benefit of a suspension of all proceedings against him. The duty of the court would be to commit the

minor to the custody or care of a public or private benevolent or charitable institution for the care and education of

homeless and delinquent children or to the custody of the Department of Social Work and Development.

WHEREFORE, it is respectfully prayed that the Information against the accused be QUASHED and that the

accused be released immediately from detention.

Place and date.


NOTICE OF HEARING

PROOF OF SERVICE

EXPLANATION

C. Demurrer


DEMURRER TO THE PROSECUTION’S EVIDENCE

THE ACCUSED, by counsel, with leave of court previously obtained, respectfully submits this Demurrer

to the Prosecution’s Evidence on the ground that the prosecution has failed to adduce sufficient evidence of his

guilt to overcome the presumption of innocence and shift the burden of proof:



1. Under the Constitution, the accused is presumed to be innocent until proven guilty. The effect of

this presumption is that it entitles the accused to not say anything in his defense and places the burden directly

on the prosecution to prove everything relative to his guilt. Thus, the prosecution must rely on the strength of its

evidence and not wait for the accused to offer any defense. It is only in the event that the prosecution, after

resting its case, has adduced sufficient evidence of guilt, that the burden of proof shifts to the accused.

2. The prosecution has failed to adduce sufficient evidence of guilt such as would shift the burden of

proof.

(Allege circumstances showing insufficiency of evidence.)

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3. Absent proof of the negative element, i.e., absence of a license, the offense is not proven. The

accused is innocent; he must, thus, be acquitted.

WHEREFORE, the accused respectfully prays that the Information against him be DISMISSED and

that he be ACQUITTED of the crime charged.

Place and date.


NOTICE OF HEARING

PROOF OF SERVICE

EXPLANATION



Page 54 of 54