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TABLE OF CONTENTS

Legal Forms (Nos. 21-40)

FORM NO. TITLE PAGE
21 Private corporations or other juridical entities duly
registered, as parties

22 Corporation de facto as plaintiff
23 Corporation de facto as defendant
24 Real parties in-interest
25 Stockholder suing in a derivative suit
26 Action prosecuted or defended by representative on
behalf of beneficiaries

27 Spouses suing jointly
28 Wife suing jointly or being sued alone
29 Minor as plaintiff
30 Joinder of permissive parties in one complaint.
31 Complaint in form of class suit

32 Unwilling plaintiff, impleaded as defendant
33 Notice of Death of Party
34 Notice of Incapacity or Incompetency of party
35 Motion to be substituted in the action
36 Ex parte application to litigate as pauper litigant
37 Methodical Statement of ultimate facts:
38 ALTERNATIVE CAUSES OF ACTION
39
40 ALLEGATION REGARDING CONDITIONS PRECEDENT.

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FORM NO. 21 - Private corporations or other juridical entities duly registered, as
parties

Republic of the Philippines
MUNICIPAL TRIAL COURT
Puerto Princesa City, Palawan

SALAVER Company, Inc.
Plaintiff, Civil case No. 39658

-versus-
For: COLLECTION FOR SUM OF
MOMEY

WILSON BOLIVAR
Defendant
X-----------------------------------------X

_________________________________________________________________

FORM NO. 22- Corporation de facto as plaintiff

REGIONAL TRIAL COURT
Branch 44

SALAVER CORPORATION

-versus-
For: BREACH OF CONTRACT
AND DAMAGES
WILSON BOLIVAR
Defendant
X-----------------------------------------X

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FORM NO. 23 - Corporation de facto as defendant

Branch 44

JOHN R. SANTOS

-versus-

JAG CORPORATION and
PAUL DIESTRO
ALAN YAP For: DAMAGES
ALMA ALONTO And
CECEL BRAVO
Defendants
X-----------------------------------------X

____________________________________________________________________

FORM NO. 24 - Real parties in-interest

Branch 54

JOHN R. SANTOS

-versus-
For: DAMAGES
PAUL DIESTRO
Defendants
X-----------------------------------------X

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FORM NO. 25 - Stockholder suing in a derivative suit

Branch 44

JOHN R. SANTOS and REX MACOLOR
And BEUPCorporation, the former suing as
Representative of said corporation and other
Stockholders,
Plaintiffs, Civil case No. 39658

-versus-
For: DERIVATIVE SUIT
WITH DAMAGES
PAUL DIESTRO, RIZAL TORRES
MIKE MARTINEZ, CARL MANSIM,
And CHARLIE TABAN
Defendants
X-----------------------------------------X

FORM NO. 26- Action prosecuted or defended by representative on behalf of
beneficiaries

Branch 44

ESTATE OF KEVIN DIWA,
And RAYMART BADUA as
Administrator of said Estate,

-versus-
For: RECOVERY OF LAND
PAUL DIESTRO
Defendants
X-----------------------------------------X

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FORM NO. 27 - Spouses suing jointly

MUNICIPALTRIAL COURT

SPS. KEVIN DIWA,
And CARLA ROSE

-versus-
For: CANCELLATION OF
MORTGAGE
BAHAR CORPORATION, INC.
Defendants
X-----------------------------------------X

FORM NO. 28- Wife suing jointly or being sued alone

Branch 59

CARLA ROSE

-versus-
For: RECOVERY OF LAND
BAHARCORPORATION, INC.
Defendant
X-----------------------------------------X

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FORM NO. 29 - Minor as plaintiff

Branch 50

CARLA ROSE and
PETER SALI, as guardian ad litem
Plaintiffs, Civil case No. 65558

-versus-
For: RECONVEYANCE OF
REAL PROPERTY
FRANCIS CALDINO
Defendant
X-----------------------------------------X

______________________________________________________________________

FORM NO. 30- J oiners of permissive parties in one complaint.

Branch 50
CARLA ROSE, JOEL MASANGKAY
PETER SALI, VINCE NAVARRO,
HAZEL VIRAY, JONG CLETO, Civil case No. 655266
ARNOLD BAGONA, AILEEN CAUSING,
PAULA LUNA, ADIDAS and
NOEL LAMPINES
Plaintiffs,

-versus-
For: DAMAGES
LEXUS BUS COMPANY, INC.
Defendant
X-----------------------------------------X

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FORM NO. 31- Complaint in form of class suit

Branch 50

CARLA ROSE, JOEL MASANGKAY
PETER SALI, VINCE NAVARRO,
HAZEL VIRAY, JONG CLETO Civil case No. 655299
ARNOLD BAGONA, AILEEN CAUSING,
PAULA LUNA,ADIDAS and
NOEL LAMPINES, on their own
Behalf and on behalf of class members
Plaintiffs,

-versus-

ROMEL ROBLES, ROMY LADAG For: DAMAGES
EDGAR PAMPO and
LEXUS BUS COMPANY, INC.
Defendants
X-----------------------------------------X

_____________________________________________________________________

FORM NO. 32- Unwilling plaintiff, impleaded as defendant

Branch 50

CARLA JEAN, RIEL and
MABINI all surnamed ARIZALA Civil Case No. 25412
Plaintiffs,

-versus-

DAVE FLORES, and
LESTER RUBIO For: PARTITION OF PROPERTY
Defendants
X-----------------------------------------X

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FORM NO. 33 Notice of Death of Party

Branch 50

CARLA ROSE Civil Case No. 22254
Plaintiffs,
-versus-

DAVE FLORES, For: DAMAGES
Defendants
X-----------------------------------------X

NOTICE OF DEATH OF PARTY

The undersigned counsel for the plaintiff, hereby gives notice that CARLA ROSE
died on November ,15, 2013, his death certificate being attached hereto as Annex A.

The heirs or representatives of said deceased are the following:

1. ALDRIN P. ROSE - Bgy. San Miguel, Puerto Princesa City
2. HANZEL ROSE Bgy. San Manuel, Puerto Princesa City
3. EMAN ROSE Bgy. Tiniguiban, Puerto Princesa City

Puerto Princesa City, November 25, 2013

ATTY. RAZEL A. RAMOS
Counsel for the Defendant
Bgy. Sta. Mesa, Enido. Palawan
Roll No. 75629
IBP No. 0457 - Palawan,
PTR No. 11456799, issued on April 13, 2012,
MCLE Compliance Cert. No. 66587

FORM NO. 34- Notice of Incapacity or Incompetency of party

Branch 50

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CARLA ROSE
Plaintiffs, Civil Case No. 55682

-versus-

IAN SARAZA, For: DAMAGES
Defendants
X-----------------------------------------X

NOTICE INCAPACITY OR INCOMPETENCY OF PARTY WITH MOTION TO
CONTINUE CASE

The undersigned counsel for the plaintiff, hereby gives notice of the incapacity or
incompetency of CARLA ROSE, as shown by a medical examination reports, which is
attached hereto a Annex A.

The representatives of said incapacitated or incompetent person are the
following:

1. ALVIN Z. SAMONTE - Bgy. San Miguel, Puerto Princesa City
2. VIC SAMONTE Bgy. San Manuel, Puerto Princesa City
3. GERALD SUAIB Bgy. Tiniguiban, Puerto Princesa City

It is moved and prayed that any of the abopve named representative be authorized,
through counsel, to continue the case of the said incapacitated or incompetent
person

Puerto Princesa City, November 25, 2013

Bgy. Sta. Mesa, Elnido. Palawan
Roll No. 75629
MCLE Compliance Cert. No.66587

NOTICE OF HEARING

Atty. James c. lebron
Bgy. San Pedro, Puerto Princesa City

Sir:

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Please be informed that the undersigned counsel has set the foregoing Motion
for Reconsideration for hearing on November 25, 2013 at 8:30 am, for the consideration
of the Honorable Court or soon thereafter as counsel maybe heard.

Counsel for the Plaintiff

Service of this Motion for Consideration is by registered mail instead by personal
service because the offices of undersigned counsel and adverse party or his counsel
and other parties are distantly located and because of lack or inadequate messengerial
aide to make personal service.

AFFIDAVIT OF SERVICE BY REGISTERD MAIL

I, DANIEL B. TAN, of legal age and having been duly sworn depose and say:

That I am the messenger of Atty. Razel A. Ramos, Counsel for the defendant in
the case entitled Carla Rose vs. Ian Saraza, Civil Case No. 65448, and that such
messenger I served upon the counsel of adverse party and other parties, the Motion for
Consideration filed in said case, as follows:

Atty. James C. Lebron, counsel for the Defendant, by registered mail by
depositing the copy in the Post Office in sealed envelop, plainly addressed to the party
or counsel at his office, with postage fully prepaid, and with instruction to the
Postmaster to return to the sender after ten days if undelivered, this 24
th
day of October
2013, as shown by Registry No. 66587, dated October 24, 2013 of the Post Office of
Puerto Princesa City.

IN WITNESS WHEREOF, I have signed this affidavit this 24
th
day of October
2013 at Puerto Princesa City.

DANIEL B. TAN
Affiant

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FORM NO. 35- Motion to be substituted in the action

Branch 50

CARLA ROSE
Plaintiff Civil Case No. 55687

-versus-

IAN SARAZA, For: ANNULMENT OF SALE
Defendant
X-----------------------------------------X

MOTION TO BE SUBSTITUTED IN THE ACTION

Benjie Manigbas, by counsel and to this Honorable Court respectfully alleges:

1. On October 25, 2013, plaintiff sold the parcel of land subject matter of the instant
pending case to movant for P 1,500.000.00 as shown by true copy of the Deed of
Absolute Sale executed between them, which is attached hereto as Annex X.

2. As transferee pendent lite movant is more interested than plaintiff to prevail in
the action, which he can more forcefully advance by authorizing him to substitute
as plaintiff litigant in the action

WHEREFORE, movant respectfully prays that he be substituted as plaintiff in the
entitled case, and thenceforth all copies of notices, orders, decision, and pleadings
be furnished movant thru his undersigned counsel.

It is moved and prayed that any of the abopve named representative be authorized,
through counsel, to continue the case of the said incapacitated or incompetent
person

Puerto Princesa City, November 28, 2013.

Bgy. Sta. Mesa, Enido. Palawan
Roll No. 75629
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MCLE Compliance Cert. No

WITH MY CONFORMITY:

BENJIE MANIGBAS
Movant

Copy furnished:
Atty. Kim Sagayap



I, DANIEL B. TAN, of legal age and having been duly sworn depose and say:


Atty. Kim Sagayap, counsel for the Plaintiff, by registered mail by depositing the
copy in the Post Office in sealed envelop, plainly addressed to the party or counsel at
his office, with postage fully prepaid, and with instruction to the Postmaster to return to
the sender after ten days if undelivered, this 24
th
day of October 2013, as shown by
Registry No. 66587, dated October 24, 2013 of the Post Office of Puerto Princesa City.

th
day of October

DANIEL B. TAN
Affiant

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FORM NO. 36 - Ex parte application to litigate as pauper litigant

Branch 50

ALBERT MEJOS
Plaintiff
-versus-

IAN SARAZA, For: SERIOUS PHYSICAL
Defendant INJURIES with DAMAGES
X-----------------------------------------X

EX PARTE APPLICATION TO LITIGATE AS INDIGENT

Applicant Albert Mejos, by counsel and to this Honorable Court, respectfully
alleges:
Applicant is of legal age, married and with two minor children and with residence
at Barrio Manggahan, Puerto Princesa City.

1. He intends to file a complaint for damages for serious physical injuries caused by
vehicular accident arising from the reckless and gross negligence of owner and
driver of the vehicle, Mr. Ian Saraza, on October 22, 2013 in Puerto Princesa
City, consisting of of P15,000.00 as medical expenses, which had not been paid,
moral damages of P20,000.00 and loss of income for almost total physical
disability of P 200.00 per day, when working.

2. Applicant has no money or property sufficient and available for food, shelter and
basic necessities for himself, his wife who is jobless and two minor children.
They live in the address indicated as squatters. He has no money to pay the
filing and other fees for litigation of his claim, and he has secured the services of
counsel on contingent basis of 10% of whatever may be recovered as damages
as attorneys fee.

WHEREFORE, applicant respectfully prays that he be authorized to litigate as
indigent and be exempt from payment of docket and other lawful fees and of
transcripts of stenographic notes.

Puerto Princesa City, November 28, 2013.

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Roll No. 75629
IBP No. 0457
MCLE Compliance Cert. No

VERIFICATION AND CERTIFICATION
AGAINST FORUM SHOPPING

I, ALBERT MEJOS, of legal age and with residence at Bgy. Manggahan,
Puerto Princesa City, after having been duly sworn, depose and say:

1. That I am the plaintiff in the above entitled complaint.

2. That I have caused the preparation by my counsel of said complaint.

3. That I have read the allegations therein contained, and that the same are
true and correct of my personal knowledge or based on authentic records.

4. That I have not theretofore commenced any action or filed any claim
involving the same issues in any court, tribunal or quasi-judicial agency
and, to the best of my knowledge, no such other action or claim is
pending therein; and if I should thereafter learn that the same or similar
action or claim has been filed or is pending to the court wherein the
aforesaid complaint or initiatory pleading has been filed.

Witness my hand this 28
th
day of November 2013 at Puerto Princesa City,
Palawan.

ALBERT MEJOS
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the
City of Puerto Princesa and the Province of Palawan this 28
th
day of November 2013.
Affiant personally came and appeared with Drivers License ID No. issued by the Land
Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his
photograph and signature, known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law to the whole truth of
the contents of said instrument

Notary Public
Until December 31, 2014
Doc. No. 31 ;
Page No. 46 ;
Book No. XXI;
Series of 2013;
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I, DANIEL B. TAN of legal age and having been duly sworn depose and say:


Atty. Kim Sagayap, counsel for the Plaintiff, by registered mail by depositing the
copy in the Post Office in sealed envelop, plainly addressed to the party or counsel at
his office, with postage fully prepaid, and with instruction to the Postmaster to return to
the sender after ten days if undelivered, this 24
th
day of October 2013, as shown by
Registry No. 66587, dated October 24, 2013 of the Post Office of Puerto Princesa City.

th
day of October

DANIEL B. TAN
Affiant
The Clerk of Court
Regional Trial Court
Branch
Puerto Princesa City

Greeting:

Please be informed that the undersigned counsel has set the foregoing
application to litigate as indigent for hearing on January 5, 2014 at 8: AM or soon
thereafter as applicant and counsel may be heard.

Counsel for the Complainant

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FORM NO. 37 - Methodical Statement of ultimate facts:

xxxxx
1. Defendant borrowed from plaintiff on January 15, 2013 the amount of P
1,000,000.00 with interest thereon at 12% per annum, as evidenced by a
promissory note of said date, payable six (6) months therefrom, upon
demand. The note also provides that in case of litigation to enforce the
same, defendant agreed to pay attorneys fees and expenses of litigation
in the amount of 20% of the amount due. Copy said promissory note is
attached hereto and made an integral part hereof as Annex A.

2. The six months from January 15,2013 having lapsed and the promissory
note having become due and demandable, plaintiff send a letter of
demand to defendant an August 10, 2013 asking defendant to pay at the
amount of the promissory note, plus 12% interest thereon from January
15,2013, notwithstanding which defendant failed and refused to pay said
amount.

3. As a result of defendants refusal to pay the amount of said promissory
note, plus 12% therein from January 15,2013, notwithstanding repeated
demands, both verbal and written, plaintiff is constrained to file the instant
suit to protect his interest and to incur attorneys fees and expenses of
litigation I the amount of 20% of 1,000,000.00 or P200,000.00, as
stipulated in the promissory, which should be assed against defendant.

FORM NO. 38 - ALTERNATIVE CAUSES OF ACTION:

x x x x x x x

1. Plaintiff took a bus, owned by Centro Bus Company, from Puerto Princesa
City Bus Terminal bound for Narra, Palawan, and paid the corresponding
fare therefor. As the bus driver drove recklessly and in a very fast manner,
without regard to rules of traffic, the bus hit an electric post, damaged the
bus and was unable to reach its destination in Narra, Palawan, caused
plaintiff serious injuries, and incapacitated him from work for 30 days, to his
damage in the amount of P1,000,000.00, for medical expenses and
P250,000.00 as lost earnings.

2. By way of alternative cause of action, assuming that the bus driver did not
drive recklessly, his having hit the electric post damaged the bus and was
thus unable to proceed to its destination in Narra, Palawan, in breach of
defendants contract of carriage, to plaintiffs damages arising from his
injuries of P1,000,000.00, as medical expenses and P250,000.00 as lost
earnings.

3. As a result of defendants gross negligence and /or gross breach of
contract, plaintiff suffered physical suffering, mental anguish anxiety and
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sleepless nights for which defendant should be held for moral damages as
well as exemplary damages as example for others.

FORM NO. 38 - ALTERNATIVE DEFENSES:

xxxxxx

Plaintiffs cause of action has prescribed. But assuming the same has not
prescribed, plaintiff waived the same or released defendant from obligation thereto.

FORM NO. 40 ALLEGATION REGARDING CONDITIONS PRECEDENT.

Plaintiff, through counsel. unto this Honorable court respectfully avers the
following:

1. On March 23, 2013, plaintiff agreed to sell to defendant 500 sacks of rice at
P1,500.00 each sack, and defendant agreed to pay the same to plaintiff, within
five (5) days from delivery.
2. Plaintiff delivered said 500 sacks of rice on March 30, 2013, but defendant, in
breach of his obligation, did not pay the same within the 5-day period or even at
the present, notwithstanding demands, verbal and written, to plaintiffs damage in
the total amount of P750,000.00, plus legal interests thereon from April 4, 2013.

LG

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