Legal Forms - Sample Form of Answer with Special and Affirmative Defenses and

Counterclaim
ANSWER
Defendant, by counsel, respectfully alleges:
1. Defendant admits the averment in paragraph 1, 2 and 3 of the complaint;
2. Defendant specifically denies the allegation in paragraph 4 of the complaint, the truth
being that (state here the fact being claimed by the defendant as the true state of facts
or the truth being those stated 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 on paragraphs 5, 6, 7 and 8 of the complaint;
By way of special and affirmative defenses, defendant avers:
4. (state defenses, e.g. that the obligation has already been paid)
By way of counterclaim, defendant alleges:
5. (state counterclaim, e.g. attorneys fees at Php50,000.00)
WHEREFORE, it is respectfully prayed that the complaint be dismissed and defendant
be awarded the amount of _________________ pesos (Php____________). Other
reliefs just and equitable under the premises are likewise prayed or.
________ City, Philippines, this _____ day of _______2011.
Name ____________________________
Office Address_____________________
Roll of Attorney No. ________________
PTR No.___, ___ (date and place of issue)
IBP No. ____, ___ (date of issue)
(chapter)
MCLE Compliance No. _______________
Copy furnished:
_________________________________
Name and Address of adverse counsel
PROOF OF SERVICE (affidavit of service by mail)
EXPLANATION

Legal Forms - Sample Form of Answer with Specific Denial of Document Under
Oath
THAT defendant, by counsel,,specifically denies under oath the genuineness and
due execution of the instrument a copy of which is attached to Plaintiffs complaint as
Annex A, the truth being that his signature thereon is forged and that he did not in fact
sign the said instrument.

Legal Forms - Sample Form of Motion for Bail

1. That the defendant is presently in custody of the law for the alleged commission of
a capital offense and is being detained at ____________;
2. That no bail has been recommended for his temporary release on the assumption
that the evidence of guilt is strong;
3. That the burden of showing that evidence of guilt is strong is on the prosecution
and unless this fact is satisfactorily shown, the defendant may be granted bail at the
courts discretion.
WHEREFORE, upon prior notice and hearing, it is respectfully prayed that the
defendant be admitted to bail in such amount as this Honorable Court may fix.

AFFIDAVIT OF COMPLAINTS FOR ATTEMPTED

KIDNAPPING/ABDUCTION, GRAVE THREATS, OBSTRUCTIONS OF
JUSTICE AND KIDNAPPING/ABDUCTION
I MR. EDWIN B. DIMAANO, FILIPINO, 33 YEARS OLD (DATE OF
BIRTH: DECEMBER 28, 1977), THE B.S.A. WITH M.B.A. AND THE
INDEPENDENT GENERAL CONTRACTOR WITH RESIDENCE
ADDRESS AT 0663 PUROK 4 SAN MIGUEL HAGONOY BULACAN
PHILIPPINES 3002 COMES NOW, BEING THE COMPLAINANT,
UNTO THIS HONORABLE OFFICE, MOST RESPECTFULLY STATES
IN ACCORDANCE WITH THE LAW:
1.

THAT ATTACHED IS THE ANNEX 1 THE CERTIFIED TRUE XEROX

COPY OF THE POLICE BLOTTER STATING THAT DECEMBER YEAR
2010 THE GANG OF SERLEONIDAS (KABO) M. VIRI TRIED TO
KIDNAP/ABDUCT ME BY CRIMINAL CONSPIRACY PLAN OF THE
OTHER ACCUSED RESPONDENTS OF THE RELATED CASES I HAD
FILED SO THAT THEY CAN OBSTRUCT MY JUSTICE THREATENED
ME TO STOP THE CRIMINAL CASE NUMBER 09-510 ON THE
MUNICIPAL TRIAL COURT OF HAGONOY BULACAN.

2.

THAT IN REFERENCE WITH THE CASES FILED IN THE

PROVINCIAL PROSECUTOR OFFICE NPS DOCKET NUMBER III-04INV-10G-01682 ABOUT DR. GINA GATMAITANS THREATS,
DEFAMATIONS THROUGH TEXTS TO CONFUSE ME FOR
OBSTRUCTIONS OF JUSTICE ARE OBVIOUSLY RELATED ATTACHED
BEING THE ANNEX 2 THE CERTIFIED TRUE XEROX COPY OF
POLICE BLOTTER SECONDED BY ENGR. OCAMPO AFTER DRA.

GINA GATMAIN STOPPED ATTACHED BEING THE ANNEX 3 THE

CERTIFIED TRUE XEROX COPY OF THE POLICE BLOTTER.
3.

THAT THE PERJURIOUS MALICIOUS BLOTTER DONE BY THE

PARENTS OF LITO GARCIA AND ALEX APON TO CONCEAL THE
ACTUATIONS OF THEIR RESPECTIVE SON BEING THE CULPRITS
ON THE INCIDENT ON JUNE 11, 2009 WAS INTENTIONAL IN BAD
FAITH TO RUIN ME SO THAT THEY CAN EVEN HAVE A REASON
FOR KIDNAPPING/ABDUCTION OF WHICH THEY HAD FAILED
BECAUSE IT CAME TO MY KNOWLEDGE AND AS YOU CAN SEE
THEY ARE ALL BLOTTERED TO THE AUTHORITIES SO I HAD
AVOIDED THAT IT BECAME
AN ATTEMPTEDKIDNAPPING/ABDUCTION.

4.

THAT ATTACHED BEING THE ANNEX 4 IS THE OWN

HANDWRITTEN LETTER OF MY MOTHER MRS. AURORA V.
BALATBAT DIMAANO, SHE TENDERED TO ME, THAT REVEALS
THEIR BAD FAITH PLAN CONSPIRED THAT BROUGHT TO
ATTEMPTED KIDNAPPING/ABDUCTION AND GRAVE THREATS
INCLUDING THREATS TO ALL THE PROPERTIES OF MY MOTHER
MRS. AURORA V. BALATBAT DIMAANO AND A PARCEL OF LAND
NAME TO ME FROM MY MOTHERS RIGHTS FROM MY
GRANDPARENTS. THAT THE INFORMATION LIKE
MERGER/CONSOLIDATION OF CASES THEY HAD UNFAIRLY
REVERSED INFORMATION ON THEIR UNFAIR CREDIT TO THREAT
ME AND UNFAIRLY TRIED TO UNFAIRLY MANIPULATE. IN FACT
THAT I AM THE ONE WHOM HAD REQUESTED/REQUIRED ON MY
AFFIDAVITS FOR CONSOLIDATION/MERGER OF THE CASES TO
REVEAL THEIR CRIMINAL CONSPIRACY OF ALL THE ACCUSED ON
NUMEROUS CASES OF THEIR WIDE OBSTRUCTIONS OF JUSTICE
THAT HAD RUINED MY PAST AND THEY TRIED TO RUIN ME AGAIN
TO MY MOTHER HOWEVER THEY HAD FAILED AND THAT I MUST
NOT BE DEPRIVE OF MY LIBERTY.

5.

THAT THIS CRIMINAL CONSPIRACY FOR ATTEMPTED

KIDNAPPING/ABDUCTION PROVES WHAT THEY HAD DONE TO
REPEAT THE OBSTRUCTIONS OF JUSTICE DONE BY
KIDNAPPING/ABDUCTION THAT HAD HAPPENED NOVEMBER 13,
YEAR 2000 OF THE NPS DOCKET NUMBER III-04-INV-10G-01682
CASES OF DR. ROBERTO (JOJO) RAMIREZ OF BULACAN DRUG
REHABILITATION FOUNDATION INC. (B.D.R.F.I.) HOWEVER THEY
HAD FAILED TO REPEAT IT.

6.

THAT THE PROBABLE CAUSES OR GRAVE MOTIVES OF THE

ABDUCTION OR KIDNAPING NOVEMBER 2000 ON NPS DOCKET
NUMBER III-04-INV-10G-01682, RELATED CASES AND OF THIS
CASE STARTED FROM:

6.1

ANG PAGBANGGIT NI SERLEONIDAS (KABO) M. VIRI NA SIYA

AY NANGHOHOLDAP (HOLD-UP) SA RECTO MATAPOS NA AKO AY
NAKAPAGRESIGNED SA ALLIED BANKING CORPORATION AT SA
AKING HINDI PAGSANG-AYON AT HINDI PAKIKIISA KAY
SERLEONIDAS (KABO) M. VIRI AT SA KANYANG MGA GRUPO AY
TUMINDI ANG UNJUST VEXATION OR DEFAMATIONS AT
NAGKAROON NG ABDUCTION DATED NOVEMBER 13, 2000 IN THE
EVENING AND THE DEFAMATIONS CONTINUED BEFORE THIS
CASE INCIDENT YEAR 2000 TO REVEALS THEIR CRIMINAL

CONSPIRACY THEY TRIED TO REPEAT HOWEVER THEY HAD

FAILED.
6.2

ANG PAGDAING KO SA AKING MOTHER NA SI GNG. AURORA

VIRI BALATBAT DIMAANO SA LABIS NA PAGSAKIT NG AKING
TIYAN O PAGKAKALASON MATAPOS NA UMINOM NG SOFTDRINKS
NA COCA COLA O COKE SOFTDRINKS NA NABUKSAN NA AT
BAWAS NA MULA SA REFRIGIRATOR NA PILIT KONG
PINAGLABANAN ANG SAKIT HUWAG LAMANG IKASAWI NG AKING
BUHAY.

6.3

ANG PAGKAKITA KO NG DALAWANG BOTE NA ANG ISA AY MAY

MARKANG LASON NA MARKANG BUNGO AT EKIS AT YUNG ISANG
BOTE AY WALANG MARKA NA MAGKAPAREHONG BOTE SA
SILID/KWARTO NG YUMAO AT MATAPOS NA MAILIBING SI
LORENZO BALATBAT NA AKING LOLO
(GRANDPARENT/GRANDFATHER).

6.4

AT IBA PA TULAD NG SA LUPA AT MGA ADDITIONAL

INFORMATION NA MABABASA SA CD POWERPOINT
PRESENTATION SUBMITTED/FILED IN THE N.P.S. REGION III
OFFICE OF THE PROVINCIAL PROSECUTOR DATED 01.04.2010.
REFERENCE: CD/ COPY OF THE ILLUSTRATIONS OF THE
EVENT/INCIDENT ON JUNE 11, 2009 COMPOSED OF 31
SLIDES/PAGES TOGETHER WITH THE AFFIDAVIT FILED JANUARY
4, 2010.

7.

THAT IT CAN BE CLEARLY STATED THAT ONE OF THE MASTER

MINDS OR MAIN CULPRITS OF THE CRIMINAL CONSPIRACY
GANGS IS SERLEONIDAS (KABO) M. VIRI THE MANAGER/HEAD OF
SKYBLUE FUNERAL WHO HAD INFLUENCED SOME OF THE
NEIGHBORHOOD OF PUROK 4 SAN MIGUEL HAGONOY BULACAN
WHERE HIS RESIDENCE AND SKYBLUE FUNERAL IS ALSO
LOCATED OTHER THAN THE UNIDENTIFIED PERSON WHO WAS
SAID TO BE AN INFLUENCIAL PERSON AND HIS RELATIVE, THUS
FOR ALMOST ALL OF THE CULPRITS ON JUNE 11, 2009 WERE
SKYBLUE FUNERAL BOYS ON SERLEONIDAS (KABO) M. VIRIS
INFLUENCED, THUS FOR, INFORMATIONS COMING FROM
B.D.R.F.I. OF ROBERTO (JOJO) RAMIREZ BEING ANOTHER GANG
BECAME THE SOURCE OF UNJUST VEXATIONS/DEFAMATIONS AND
OTHER FORMS OF OBSTRUCTIONS OF JUSTICE YOU CAN READ
AND REFERENCE ON NPS DOCKET NUMBER III-04-INV-10G-01682
WITH THE MOTION FOR RECONSIDERATION UPGRADED
TO KIDNAPPING/ABDUCTION OF THE INCIDENT YEAR 2000 WITH
THE DEMAND OF DEATH PENALTY FOR THE ACCUSED AND
RESERVED CIVIL CASES FOR DAMAGES FILED DATED 07.22.2011
3:35PM PLUS THIS NEW FILE AFFIDAVIT OF COMPLAINTS BY THE
SAME DEMAND OF DEATH PENALTY TO SERLEONIDAS (KABO) M.
VIRI WITH THE RESERVED CIVIL CASE FOR DAMAGES.

8.

THAT THE NUMEROUS CASES I HAD FILED

ORIGINATED/STARTED FROM THE INCIDENTS EVERSINCE YEAR
2000 THAT WAS BROUGHT UP TO THE JUDICIAL PROCEEDINGS BY
THE INCIDENT ON JUNE 11, 2009 OF LESS SERIOUS PHYSICAL
INJURIES RESULTED FROM GRAVE GANG ASSAULTS,
DEFAMATIONS, ATTEMPTED MURDER, FRUSTRATED HOMICIDE
AND OBSTRUCTIONS OF JUSTICE OF CRIMINAL CASE NUMBER 09-

510, FOLLOWED BY NUMEROUS INCIDENTS EVEN AFTER JUNE 11,

2009 THAT INCLUDES THIS ATTEMPTED ABDUCTION/KIDNAPPING
DECEMBER YEAR 2010, GRAVE THREATS, AND OBSTRUCTIONS OF
JUSTICE YOU CAN READ ON THE FOREGOING ANNEXES
ATTACHED.
9.

THAT THESE STATEMENTS ARE TRUE AND CORRECT OF ALL TO

THE BEST OF MY KNOWLEDGE AND BELIEF.
WHEREFORE, PREMISES CONSIDERED IT IS REPECTULLY
REQUIRE THAT THE AFFORESAID CASES FILED TO FORMALLY
TREAT CASES TO MOVE FORWARD TO THE RIGHTFUL
COMPETENT COURT OF JUSTICE.
OTHER RELIEFS AND ADDENDUMS JUST AND EQUITABLE UNDER
THE LAW AND THE PREMISES ARE LIKEWISE REQUIRED FOR.
I CERTIFY THAT ALL OF THE STATEMENTS HERE ARE TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I HAVE
HEREUNTO AFFIXED MY SIGNATURE AT CITY OF MALOLOS
BULACAN PHILIPPINES, 10.21.2011.

MR. EDWIN B. DIMAANO THE B.S.A. WITH M.B.A.,

THE INDEPENDENT GENERAL CONTRACTOR,
THE ATTORNEY-IN-FACT-AT-FOREX BUSINESS,
CAREER SERVICE PROFESSIONAL, C.S.C. N.C.R. 12.15.1998,
CAREER SERVICE SUB-PROFESSIONAL, C.S.C. N.C.R. 11.12.1997,
PVT FROM FEU NCR RCDG RESCOM, PA, 03.10.1996 (STANDBY
RESERVIST),
C/MAJ FROM SACHS (BUL) 304 CCDC, 3RCDU, RESCOM, PA,
03.18.1994 (S.R.),
THE AFFIANT PRIVATE COMPLAINANT,
THE ATTORNEY-IN-FACT-AT-LAW OF MY OWN COMPLAINTS ONLY,
AND
THE PLAINTIFF.
SUBSCRIBED AND SWORN TO BEFORE ME THIS OCTOBER 21,
2011 AT CITY OF MALOLOS, BULACAN, PHILIPPINES. I CERTIFY
THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND I AM
CONVINCED THAT HE VOLUNTARY EXECUTED AND UNDERSTOOD
HIS STATEMENTS.
___________________________________________
(ADMINISTERING OFFICER/PROSECUTOR)
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NPS DOCKET NUMBER III-04-INV-11J-02196
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MOTION FOR REDUCTION OF BAIL

ACCUSED, assisted

by

the

undersigned counsel,

unto

this

Honorable

Court,

most

respectfully alleges that:

1.

The accused has been charged with Malicious Mischief and Attempted Homicide;

2.

Consequently, warrants of arrest were issued against accused and the bail for his provisional liberty has
been set at P12,000.00 for Malicious Mischief and P15,000.00 for Attempted Homicide with a total of
P27,000.00 for the two cases;

3.

Accused desires to post the required bail but due to financial constraints considering that he is jobless
and is only depending upon his family, he can only raise the amount of P12,000.00 for the two cases.
WHEREFORE, in view of the foregoing, it is most respectfully prayed that Accused be
allowed to post his bail bond for the above two (2) cases at a reduced CASH BOND in the total amount
Twenty-Seven Thousand Pesos
Other reliefs just and equitable in the premises are likewise sought.

(P27,000.00).

Makati

City,

Philippines.

August

12,

2013.

ATTY. VX YZ
Counsel for the Accused