You are on page 1of 77

PLEADINGS, PETITIONS, MOTIONS AND OTHER

JUDICIAL AND LEGAL FORMS


(Revised 2007)1

THEODORE O. TE2

Intended for Exclusive Use of the University of the Philippines College of Law Bar Examination Candidates
for 2007, the Law Interns of U.P. Office of Legal Aid (UP-OLA), and the students in the authors classes.
Any other use, without permission of the author, is prohibited and all legal rights are reserved.

These forms were first published in 1998 for use in the UP Law Bar Ops for that year.
Assistant Professor and Director, University of the Philippines Office of Legal Aid; Ll.B., U.P. (1990); Grateful
acknowledgement is given to Feliz Marie M. Guerrero, Ll.B. U.P. (2008, expected) for invaluable assistance in reformatting, proofreading and updating of legal references.
2

TABLE OF CONTENTS
Table of Contents
On Writing, Legally
I.
COMMON FORMS
A. Caption and Title
B. Prayer
C. Jurat
D. Verification
E. Certification against Forum Shopping
F. Combined Verification and Certification against Forum Shopping
G. Combined Verification, Certification against Forum Shopping, and Statement
of Material Dates
H. Request for and Notice of Hearing
I. Proof of Personal Service
J. Proof of service by registered mail (with Explanation for failure to serve
personally)
K. Place, date, signature, address, Roll number, IBP receipt number, PTR
number
L. Acknowledgement
M. Notice of Appeal
II.

PLEADINGS AND OTHER LEGAL DOCUMENTS IN CIVIL PROCEDURE


A. Complaint (and other initiatory pleadings)
1. Complaint for ejectment with damages
2. Complaint for sum of money
3. Complaint for Replevin
4. Complaint to set period of years for lease
B. Answer with affirmative defenses and counterclaims
1. Answer with compulsory counterclaim
2. Answer with counterclaim and cross-claim
C. Pre-trial Brief
D. Motions
1. Motion to Dismiss (with Request for and Notice of Hearing)
2. Motion for leave of court to file pleading (with explanation for service by
registered mail)
3. Motion for Judgment on the Pleadings
4. Ex parte motion to set for trial
5. Motion for postponement
6. Motion for extension of time
7. Motion to declare defendant in default
8. Motion to lift order in default
E. Special Civil Actions
1. Certiorari (with Injunction and/or TRO), Prohibition and Mandamus
a. Certiorari
ii

ii
v
1
1
1
2
2
2
3
3
3
4
4
5
5

6
7
8
9
10
12
13
15
16
17
18
19
20
21
22

23

b. Prohibition
c. Mandamus
2. Quo warranto, Interpleader, Quieting of Title, and Declaratory Relief
a. Complaint in Interpleader
b. Action to Quiet (or Remove Cloud on) Title
c. Action for Declaratory Relief
d. Quo Warranto
III.

IV.

V.

PLEADINGS AND OTHER LEGAL FORMS IN CRIMINAL PROCEDURE


A. Complaint-Affidavit and Counter-Affidavit
1. Complaint-Affidavit
2. Counter-Affidavit
B. Information and Complaint
1. Information (with Certificate of Preliminary Investigation or Inquest)
a. Bigamy
b. Theft
c. Attempted Rape
d. Frustrated Murder
C. Motions
1. Motion to Quash Information
2. Motion to Quash Search Warrant
3. Motion to Suppress Evidence
4. Motion for Bail
D. Application for Bail
PLEADINGS AND OTHER LEGAL DOCUMENTS COMMON TO CIVIL AND CRIMINAL
PROCEDURE
A. Offer of Evidence and Opposition/Comment to Offer
1. Formal Offer of Evidence
2. Comment/Opposition to Offer
B. Demurrer to the Evidence
1. Criminal cases
2. Civil cases
C. Notice of Lis Pendens
D. Appearance as Counsel
E. Withdrawal as Counsel
1. Withdrawal with conformity of client
2. Withdrawal without conformity of client
F. Substitution of Counsel
G. Notice of Appeal
PLEADINGS AND LEGAL DOCUMENTS ON DOMESTIC CASES AND SPECIAL
PROCEEDINGS
A. Petition for Habeas Corpus
B. Petition for Adoption
C. Petition for Declaration of Nullity of Marriage with Application for Provisional
iii

24
25
26
27
28
29

30
31

33
34
35
36
37
38
39
40
41

42
43
44
45
46
47
48
48
49
49

50
51
52

Orders
D. Petition for Probate of Holographic Will
VI.

VII.

DEEDS, CONTRACTS AND OTHER CORPORATE LEGAL DOCUMENTS


A. Special Power of Attorney
B. General Power of Attorney
C. Contract of Lease
D. Holographic Will
E. Notarial Will
F. Attestation Clause for a Notarial Will
G. Acknowledgement of a Notarial Will
H. Donation Inter Vivos
I. Acknowledgment of Nominee Status with Assignment of Shares
J. Secretarys Certificate
K. Board Resolutions
1. Authority to Act
2. Increase in number of directors and necessary amendment to the Articles
of Incorporation
L. Deed of Assignment
M. Deed of Sale of Registered Land (unilateral)
N. Deed of Sale of Unregistered Land (unilateral)
O. Deed of Sale with Pacto de Retro (bilateral)
P. Deed of Repurchase of land sold under Pacto de Retro
Q. Deed of Sale with Mortgage
R. Dacion en Pago (Deed of Assignment of Real Estate in payment of debt)
S. Chattel Mortgage
APPEALS AND OTHER RESORTS TO APPELLATE COURTS IN CRIMINAL AND CIVIL
PROCEDURE
A. Ordinary Appeals
1. in civil cases
a. from MTC (in original jurisdiction) to RTC (in appellate jurisdiction)
b. from RTC (in original jurisdiction) to CA
2. in criminal cases
a. from MTC (as trial court) to RTC (in appellate jurisdiction)
b. from RTC (as trial court) to CA
c. from RTC (as trial court) to SC
B. Petitions for Review
1. from RTC (as appellate court) or from quasi-judicial agencies to CA
2. from RTC (on pure questions of law) or CA (in appellate jurisdiction) to SC

iv

54

55
55
56
57
57
58
58
59
60
61
61
61
62
63
64
65
66
67
68
69

70
70
70
70
70
70
71
71

ON WRITING, LEGALLY
Therefore, its name was called Babel, because
there the Lord confused the language of all the
earth. Genesis, 11:9, ESV

If brevity is the soul of wit, what now is to become of lawyers (and law students) who
would nonchalantly write a 100-page document and dare call it a Brief?
The traditional notion of legal writing is that it is a competition to put together as many
four to five-syllable words in a one-paragraph sentence. The language of the law mystifies and
with this comes the power of the lawyer. The more obscure and obtuse the language, the greater
the need for a lawyer.
History has given us many language handicaps and obstacles to clarity and precision.
Throughout four years of law school, the law student, who eventually becomes a lawyer, is
trained to think in archaic words and phraseslegalesewhich appear to have legal significance
but is actually too imprecise to help anyone understand what is going on. And to add to the
babelish situation, there are hundreds of words in a dead languageLatinthat have little
relevance to the contemporary world.
There is a sea change, however, going on in legal writing. More and more, pleaders are
asked to be clear and concise, precise not pedantic. Why waste five words when three will do?3
But change, as always, is difficult and painful. Yet, it is an essential response to todays evolving
legal profession. Indeed, when the most common means now of communicating is text, with its
own subculture and lingo, there must be a re-examination of the archaic manner by which legal
writing presents itself.
What this short introduction to the accompanying handbook of Pleadings, Petitions,
Motions and Other Legal and Judicial Forms seeks to do is to put forth the need to write clearly
and concisely, precisely but not pedantically.
When a judges attention span is short and his backlog of reading is long, the need to
write concisely, clearly, precisely but not pedantically becomes absolutely clear.
Writing concisely and not pedantically, however, does not mean that the legal writer
ought to cut corners when it comes to substance as well as form; the only thing that that
guarantees is a baleful stare and a rude dismissal from the judge. Not only must the writer know
the arguments and the bases for his arguments, but she must also realize that these arguments
need to be presented in a manner that is technically sufficient.

My favorite, and many of my students will attest to this, is the absolutely archaic Comes Now, the Plaintiff, by the
undersigned counsel, unto this Honorable Court, respectfully states that as part of every pleading. Why waste 15
words, when 6 will do, thus: Plaintiff, by counsel, respectfully states that. The latter loses none of the legal
gravitas but loses every bit of the archaic pretense that mystifies the law and perpetuates the notion that laywers
know what they are doing each and every time.

It is hoped that the forms presented here, with checklists4 of legal requirements and short
annotations, will provide the impetus for demystifying legal writing and legal drafting. These
forms come from actual forms used in the authors practice, some from worthy opponents and
still some from traditional form books, with updates to fit the current state of the Rules.
While this handbook was produced, primarily, with the bar examinees and the law intern
or law student in mind, it is hoped that it might prove helpful as well when September ends5 and
life, as a lawyer, begins in earnest.

Theodore O. Te
Room 105, Malcolm Hall
University of the Philippines
August 2007

Acknowledgment is given to Atty. Alex M. Enriquez, (Ll.B., UP, 1990) for the original template of the
Checklists, which have been updated to suit current practice.
5
Vide Green Day, Wake Me Up When September Ends, which has become an unofficial anthem for bar
examinees in the Philippines.

vi

I.

COMMON FORMS
A. Caption and Title
Feliz Guerrero 8/12/07 2:11 PM

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 1, Manila

Comment [1]: The CAPTION is that part of


the pleading, which sets forth:
1. the name of the court
2. the title of the action
3. the docket number, if assigned (Sec. 1,
par. 1, Rule 7, ROC).

____________________,
Plaintiff,

Feliz Guerrero 8/12/07 2:11 PM

-versus-

Civil Case No._______________


For _______________________

______________________,
Defendant.
x------------------x

Comment [2]: The TITLE indicates the


names of the parties, who shall be named
in the original complaint or petition.
However, in subsequent pleadings, it shall
be sufficient if the name of the 1st party on
each side be stated with an appropriate
indication when there are other parties.
Their respective participation in the case
shall be indicated (Sec. 1, par. 2 &3, Rule
7, ROC).

B. Prayer
PRAYER
WHEREFORE it is respectfully prayed, after notice and hearing, that the defendant be ordered to
pay the plaintiff the amount of One Million Pesos (Php.1,000,000) for actual and compensatory damages,
Fifty Thousand Pesos (Php.50,000) for moral damages, Fifty Thousand Pesos (Php.50,000) for exemplary
damages, and Fifty Thousand Pesos (Php.50,000) for attorneys fees.
Other just and equitable reliefs are also prayed for.
C. Jurat
Feliz Guerrero 8/12/07 2:11 PM

SUBSCRIBED AND SWORN TO before me in the City of _______________ on this day of


_________________, affiant exhibiting before me his community tax certificate no. _______________
issued on __________________ at _____________________.
(Sgd.) N. O. TARIO
Notary Public
Until __________________
PTR No. _______________
Issued at ______________
On ___________________
Doc. No.
Page No.
Book No.
Series of 2007.

Comment [3]: The JURAT accompanies


any notarized document that is declaratory
in nature, as opposed to a notarized
document that transmits rights or
property, which must be accompanied by
an ACKNOWLEDGMENT.
Note that if the document is subscribed
before a public officer duly authorized to
take oaths, then there is no need for the
affiant to produce a CTC nor for the entry
into a Notarial Register; thus, the italicized
portion of the JURAT is dispensed with but
not the oath itself.

Feliz Guerrero 8/12/07 2:11 PM


Comment [4]: JURAT refers to an act in
which an individual, on a single occasion:
1. appears in person before a notary public
(NP) and presents an instrument or
document
2. is personally known to the NP or
identified by the NP through competent
evidence of identity as defined by these
Rules
3. signs the instrument or document in the
presence of the NP
4. takes an oath or affirmation before the
NP as to such instrument or document
(Sec. 5, 2004 Rules on Notarial Practice,
A.M. No. 02-8-13-SC effective August 1,
2004).

D. Verification
Feliz Guerrero 8/12/07 2:11 PM

VERIFICATION
Republic of the Philippines
City of _______________

)
) s.s.

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

Comment [5]: A pleading is verified by an


affidavit that the affiant has read the
pleading and that the allegations therein
are true and correct of his personal
knowledge or based on authentic records
(Sec. 4, par. 2, Rule 7, ROC).
Under Sec. 4, par.3, Rule 7, a verification
based on information and belief or upon
knowledge, information and belief is
considered defective and the pleading
unverified/unsigned.

Feliz Guerrero 8/12/07 2:12 PM


Comment [6]: 1994 and 2004 Bar Exams

PLUS: Jurat
NOTE: Pleadings required to be verified
1. All pleadings under the Rules of Summary Procedure
2. Complaints for
a. Forcible entry
b. Unlawful detainer
c. Replevin
3. Complaints with application for injunction or attachment
4. Answer to complaint or counterclaim based on actionable documents
5. Petitions for
a. Certiorari
b. Prohibition
c. Mandamus
d. Habeas Corpus
e. Change of Name
E. Certification against Forum Shopping
Feliz Guerrero 8/12/07 2:12 PM

CERTIFICATION AGAINST FORUM SHOPPING


Republic of the Philippines
City of _______________

)
) s.s.

C.K. Hilfiger, after having been duly sworn in accordance with law deposes and states that:
1. He is the plaintiff in the case entitled (title of the case);
2. He certifies that he has not commenced any action or filed any claim involving the same
issues before any other court, tribunal or quasi-judicial agency;
3. To the best of his knowledge, there is no such pending action or claim;
4. If he should learn that a similar action or claim has been filed or is pending he shall report
such fact within five (5) days from the discovery to this Honorable Court.
(Sgd.) C.K. HILFIGER
PLUS: Jurat
F. Combined Verification and Certification against Forum Shopping
VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
I, C.K. Hilfiger, of legal age, do hereby state that: I am the Chief Executive Office of Alis Di-yan
Company and in such capacity, caused this Complaint to be prepared; I have read its contents and affirm
that they are true and correct to the best of my own personal knowledge; I hereby certify that there is no
other case commenced or pending before any court involving the same parties and the same issue and
that, should I learn of such a case, I shall notify the court within five (5) days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on _____________.
(Sgd.) C.K. HILFIGER
PLUS: Jurat

Comment [7]: Under Rule 7, Sec. 5, the


plaintiff or principal party must certify
under oath in the complaint, initiatory
pleading, or sworn certification that:
1.he has not commenced any action or
filed any claim involving the same issues in
any court, tribunal or quasi-judicial agency
and, to the best of his knowledge, no such
other action or claim is pending there
2. if there is such other pending action or
claim, a complete statement of its present
status, and
3. if he should thereafter learn that the
same or similar action or claim has been
filed or is pending, he shall report that fact
within 5 days to the court where his
complaint or pleading was filed.
Failure to comply with this reqt is not
curable by mere amendment but shall be
cause for dismissal w/o prejudice,
UNLESS otherwise provided, upon motion
and after hearing.
Submission of a false certification or noncompliance with its undertakings shall
constitute indirect contempt of court, w/o
prejudice to corresponding admin and crim
actions.

Feliz Guerrero 8/12/07 2:12 PM


Comment [8]: 2004 Bar Exams

G. Combined Verification, Certification against Forum Shopping, and Statement of


Material Dates
VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
I, C.K. Hilfiger, of legal age, do hereby state that: I am the Chief Executive Office of Alis Di-yan
Company and in such capacity, caused this Complaint to be prepared; I have received a copy of the
[Order/Resolution/Decision] of the Court on 13 April 2007; I have read its contents and affirm that they
are true and correct to the best of my own personal knowledge; I hereby certify that there is no other
case commenced or pending before any court involving the same parties and the same issue and that,
should I learn of such a case, I shall notify the court within five (5) days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on _____________.
(Sgd.) C.K. HILFIGER
PLUS: Jurat
H. Request for and Notice of hearing
Feliz Guerrero 8/12/07 2:12 PM

REQUEST FOR & NOTICE OF HEARING


THE BRANCH CLERK OF COURT
Metropolitan Trial Court
Quezon City, Branch 39
Please submit the foregoing Motion to the Court for its consideration and approval immediately
upon receipt hereof and kindly include the same in the courts calendar for hearing on Friday, 13 April
2007 at 8:30 in the morning.
ATTICUS FINCH
1 MockingBird Street
Timog Avenue, Quezon City
Please take notice that counsel has requested to be heard on Friday, 13 April 2007 at 8:30 in the
morning.
(Sgd.) MITCH MCDEERE
Counsel for Defendant
2 The Firm
Laguna Street, Quezon City
I.

Proof of personal service

Copy furnished through personal service:


Atty. Mitch McDeere
Counsel for the Defendant
2 The Firm
Laguna Street, Quezon City

Comment [9]: NOTE: The Notice of


Hearing is actually both a REQUEST and a
NOTICE; a REQUEST for the Branch Clerk
of Court to include the motion in the
calendar for hearing on a specific date and
a NOTICE to opposing counsel of the
hearing date requested. In non-litigious
motions or ex parte motions, it is sufficient
that the request not contain a date, and for
that purpose, the underlined portion in the
Request may be omitted with the Notice to
opposing counsel simply stating that
counsel will submit the motion to the
court for approval immediately upon
receipt.

J.

Proof of service by registered mail (with Explanation for failure to serve


personally)

Copy furnished through registered mail:


Atty. Mitch McDeere
Counsel for the Defendant
2 The Firm
Laguna Street, Quezon City
Registry Receipt No. ________
Post Office ________________
Date _____________________
EXPLANATION
Feliz Guerrero 8/12/07 2:12 PM

The foregoing (designation of pleading, motion, etc.) and its attachment were served on Atty.
Mitch McDeere by registered mail instead of personal service as counsel for petitioner only has one
messenger and personal service would have resulted in the motion not being filed on time to the
detriment of petitioner.
(Sgd.) ATTICUS FINCH
Republic of the Philippines
City of _______________

)
) s.s.

Comment [10]: The requirement is for a


written explanation if service is done by
registered mail instead of by personal
service; the explanation need not be
verified, it being required only that it is
signed. However, in the Supreme Court,
where an Affidavit of Service is required, it
may be practical to combine the
Explanation and the Affidavit of Service.
Cf. Rule 13, sections 11 and 13.

AFFIDAVIT
I, HARPER LEE, a messenger of Atty. Atticus Finch, with office address at __________________,
after being duly sworn, deposes and states:
That on ______________________, I served a copy of the following pleadings/papers by
registered mail in accordance with Section 10, Rule 13 of the Rules of Court:
Nature of Pleading/Paper
________________________
________________________
in Case No. _________________ entitled ____________________ by depositing a copy in the post office
in a sealed envelope, plainly addressed to (name of party or his/her attorney) at _______________ with
postage fully paid, as evidenced by Registry Receipt No. _____________________ attached and with
instructions to the post master to return the mail to sender after ten (10) days if undelivered.
TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on 13 April 2007, in the City of
Manila, Philippines.
(Sgd.) HARPER LEE
Affiant
PLUS: Jurat
K. Place, date, signature, address, Roll number, IBP receipt number, PTR number
City of Manila, 13 April 2007.
Atty. Mitch McDeere
Counsel for the Defendant
2 The Firm, Laguna Street,
Quezon City, Metro Manila
Roll No.
IBP OR No., date and place of issue
PTR OR No., date and place of issue
Feliz Guerrero 8/12/07 2:13 PM
Comment [11]: As per SC En Banc
Resolution on Bar Matter No. 1132 dated
Nov. 12, 2002, all pleadings must indicate
the ff:
1. Roll of Attorneys number of counsel
2. Current Professional Tax Receipt
number (PTR No.)
3. IBP Official Receipt or Life Member
number

L. Acknowledgment
Feliz Guerrero 8/12/07 2:13 PM

Republic of the Philippines


City of Manila

)
) s.s.

Comment [12]: 1976, 1994 and 2004 Bar


Exams

BEFORE ME, this 13th day of April, 2007 in the City of Manila, Philippines, personally appeared
ATTICUS FINCH, with [Valid Identification Document] (Drivers License No. N25-07-007777) issued by the
[official agency] (Land Transportation Office) on 10 January 2007, known to me to be the same person
who executed the foregoing instrument, and who acknowledged to me that the same is his free act and
deed.
IN WITNESS WHEREOF, I have set my hand and affixed my Notarial seal on the day, year and
place written.
(Sgd.) N. O. TARIO
Notary Public
Until __________________
PTR No. _______________
Issued at ______________
On ___________________
Doc. No.
Page No.
Book No.
Series of 2007
NOTE: If the instrument consists of 2 or more pages, include the following after the 1st paragraph:
This instrument, consisting of ___ pages, including the page on which this acknowledgment is
written, has been signed on the left margin of each and every page thereof by ___________ and his
witnesses (if any), and sealed with my Notarial seal.
Feliz Guerrero 8/12/07 2:13 PM

NOTE: If the instrument conveys 2 or more parcels of land, include the following after the 1st paragraph:
This instrument relates to the sale (or mortgage) of ___ parcels of land, and consists of ___
pages including the page on which this acknowledgment is written, each and every page of which, on the
left margin, having been signed by ______________ and his witnesses (if any), and sealed with my
Notarial seal.
M. Notice of Appeal
NOTICE OF APPEAL
Defendant, ABC, by counsel, respectfully appeals to this Honorable Court the Decision of the
lower court dated 13 April 2007, a copy of which he received on 26 April 2007.
Quezon City, 2 May 2007.
(Sgd.) MITCH MCDEERE
Counsel for Defendant
2 The Firm
Laguna Street, Quezon City

Comment [13]: The Notary Publics seal


must be impressed on every page of the
document notarized.

II.

PLEADINGS AND OTHER LEGAL DOCUMENTS IN CIVIL PROCEDURE


A. Complaint (and other initiatory pleadings)
1. Complaint for ejectment with damages
[1] Regional Trial Court
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Quezon City, Branch 33

ALIS DI-YAN COMPANY,


Plaintiff,
Civil Case No. 2222
For: Ejectment

- versus YOKO NGA,

Feliz Guerrero 8/12/07 2:14 PM


Comment [14]: Checklist:
1. Caption and Title
2. Parties/Capacity of Parties
3. Material Allegations of Ultimate Facts
4. Statement of Cause(s) of Action
5. Prayer/Reliefs
6. Date/Place of Execution
7. Signature of Counsel
8. Verification and Certification Against
Forum Shopping

Feliz Guerrero 8/12/07 2:14 PM


Comment [15]: 1976, 1982, 1985, 1988,
1993, 1994, 1996, 1997 and 2000 Bar
Question

Defendant.
x ----------------------------------- x
COMPLAINT
PLAINTIFF, by counsel, respectfully states that:
[2] 1. Plaintiff is a foreign corporation organized and existing under the laws of France 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.
[3] 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 2005, which contract expires on 31 December 2006. A copy of the contract is attached as ANNEX
A.
3. Upon expiration of the contract, plaintiff informed defendant of its intention not to renew the
lease as it would use the property for its business expansion; plaintiff then asked defendant to vacate the
premises. A copy of plaintiffs letter to defendant is attached as ANNEX B.
[4] 4. Despite demand duly made and received, defendant has refused to vacate the premises
and continues to occupy the property without plaintiffs 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.
Feliz Guerrero 8/12/07 2:14 PM

5. Defendants act of dispossession has caused plaintiff to suffer material injury because
plaintiffs 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. Defendants continued
occupation of the premises has also forced plaintiff to sue and to incur legal expenses amounting to Fifty
Thousand Pesos (P50,000.00).

Comment [16]: This particular allegation


may actually be unnecessary considering
the facts given and that the plaintiff is a
juridical person. It is included in this
complaint simply for educational purposes
as a representative allegation of this fact.

[5] 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 Attorneys fees.
Other just and equitable reliefs are also prayed for.
[6] Quezon City; 13 April 2007.
Feliz Guerrero 8/12/07 2:14 PM

[7] (Sgd.) ATTICUS FINCH


Counsel for Plaintiff
[Address]
PLUS:
1. [8] Verification and Certification against Forum Shopping
2. Jurat

Comment [17]: A new requirement


specifically provided under Rule 7, section
2(d).

Feliz Guerrero 8/12/07 2:14 PM


Comment [18]: Significant amendment
introduced by 1997 Rules on Civil
Procedure; cf. Rule 7, section 3.

2. Complaint for sum of money


Feliz Guerrero 8/12/07 2:14 PM

[1] Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 101, Makati City
ESTA PADORA,
Plaintiff,
Civil Case No. 000882
For: Sum of Money

- versus MANGGA GANTSO,


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

Comment [19]: 1978 Bar Question

Feliz Guerrero 8/12/07 3:02 PM


Comment [20]: Checklist:
1. Caption and Title
2. Parties/Capacity of Parties
3. Material Allegations of Ultimate Facts
4. Statement of Cause(s) of Action
5. Prayer/Reliefs
6. Date/Place of Execution
7. Signature of Counsel
8. Verification and Certification Against
Forum Shopping

COMPLAINT
PLAINTIFF, by counsel, respectfully states that:
[2] 1. Plaintiff is a Filipino, of legal age, and resident of 6750 Forbes Park, Makati City;
defendant is also a Filipino, of legal age and resident of 6752, Forbes Park, Makati City, where he may be
served with summons and other processes.
[3] 2. Sometime in January 2005 and over a period of six (6) months, defendant borrowed
certain amounts from plaintiff. Defendant promised to pay these amounts on an installment basis
monthly. These amounts now total Nine Hundred Thousand Pesos (P900,000.00).
[4] 3. Despite repeated demands, both oral and written, defendant failed or has refused to pay
any amount to plaintiff as no installment payment has even been made. A copy each of plaintiffs two (2)
demand letters is attached as ANNEX A and B.
4. Resort to the Barangay Conciliation process proved fruitless as defendant failed to appear,
despite notice on him to appear. Thus, a Certification to File Action, a copy of which is attached as
ANNEX C, was issued by the Barangay Chairman.
5. Defendants obligation is due and demandable and plaintiff is entitled to the payment of the
entire amount of Nine Hundred Thousand Pesos (P900,000.00) plus legal interest.
6. By reason of defendants unreasonable failure or refusal to pay his due and demandable
obligation, plaintiff was forced to engage the services of counsel to vindicate his rights thereby
committing himself to pay legal expenses amounting to Fifty Thousand Pesos (P50,000.00).
[5] WHEREFORE, plaintiff respectfully prays for judgment in his favor through a Decision
directing defendant to pay him NINE HUNDRED THOUSAND PESOS (P900,000.00), with legal interest, as
ACTUAL DAMAGES and FIFTY THOUSAND PESOS (P50,000.00) as Attorneys Fees.
Feliz Guerrero 8/12/07 2:15 PM

Other just and equitable reliefs are also prayed for.


[6] Quezon City for Makati; 13 April 2007.
[7] (Sgd.) ATTICUS FINCH
Counsel for Plaintiff
[Address]
PLUS: [8] Verification and Certification against Forum Shopping

Comment [21]: Please note that this


portion is indispensable to the filing of a
Complaint as it is required that every
Complaint state in the body as well as in
the prayer the amount of damages sought.
This is jurisdictional and a complaint that
fails to comply with this requirement is
fatally defective.

3. Complaint for Replevin


Feliz Guerrero 8/12/07 2:15 PM

[1] Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 101, Makati City
HURTS RENT-A-CAR,
represented by AKIN NAYAN,
Plaintiff,
Civil Case No. 000088
- versus YOKO NGA,
Defendant.
x----------------------------------- x
COMPLAINT
Plaintiff, by counsel, respectfully states that:
[2] 1. Plaintiff is the general manager of Hurts Rent-A-Car with offices at Makati City; defendant
is a Tongan, temporarily residing at Bayview Hotel, Roxas Boulevard, Manila.
[3] 2. Hurts Rent-A-Car is the registered owner of a Honda CRV with license plate number XLV675, which defendant, on 3 March 2005, rented from plaintiff for a period of one (1) week.
[4] 3. On 15 March 2005, plaintiff demanded from defendant the return of the car but
defendant failed and refused to do so.
4. The car has not been taken for a tax assessment or a fine pursuant to law nor has it been
seized on execution or attachment. Its present value is approximately Nine Hundred Thousand Pesos
(P900,000.00).
5. Plaintiff is ready, willing and able to give bond in defendants name in double the value of the
property for the return of the property to defendant should that be adjudged or for the payment of such
sum that defendant may recover from plaintiff in this action.
[5] WHEREFORE, plaintiff respectfully prays that the writ of replevin issue directing the Sheriff or
any other authorized officer to take possession of the car and dispose of it in accordance with the Rules
of Court and, after hearing, judgment be rendered declaring plaintiff to be lawfully entitled to the
possession of the car and sentencing defendant to pay its value.
[6] Quezon City for Makati City; 13 April 2007.
[7] (Sgd.) MITCH MCDEERE
Counsel for the Plaintiff
[Address]
PLUS: [8] Verification and Certification against Forum Shopping

Comment [22]: 1986 Bar Question

Feliz Guerrero 8/12/07 3:02 PM


Comment [23]: Checklist:
1. Caption and Title
2. Parties/Capacity of Parties
3. Material Allegations of Ultimate Facts
4. Statement of Cause(s) of Action
5. Prayer/Reliefs
6. Date/Place of Execution
7. Signature of Counsel
8. Verification and Certification Against
Forum Shopping

4. Complaint to set period of years for lease


Feliz Guerrero 8/12/07 3:03 PM

[1] Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 161, Pasig City
NANG UUPA,
Plaintiff,
Civil Case No. 00111
- versus NAGPA PAUPA,
Defendant.
x ---------------------- x
COMPLAINT
PLAINTIFF, by counsel, respectfully states that:
[2] 1. Plaintiff and Defendant are both Filipino citizens and of legal age; plaintiff resides at 1-A,
Cruz Street, Pasig City while defendant resides at 2 Frisco Street, Pasig City, where he may be served
with summons.
[3] 2. On 1 January 2003, defendant leased to plaintiff the premises at 1-A Cruz Street, Pasig
City for a monthly rental of One Thousand Pesos (P1,000.00) to be paid within the first five (5) days of
each month.
3. There is no fixed period for the lease agreement except that rentals are to be paid by the
month.
[4] 4. Plaintiff has been paying the rentals as they fall due each month, without fail. However,
on 4 April 2006, defendant gave notice to plaintiff that he is terminating the lease agreement by the end
of August 2006.
5. Considering that the period of lease has not been fixed, this Honorable Court may fix a longer
period of time as the lessee has been occupying the place for a period of three (3) years. A period of two
(2) years is reasonable considering that the lessee has no place to transfer to immediately and that he
has introduced substantial improvements to the premises amounting to Fifty Thousand Pesos
(P50,000.00).
[5] WHEREFORE, it is respectfully prayed that this Honorable Court fix a period of years for the
lease between plaintiff and defendant.
[6] Quezon City for Pasig City; 13 April 2007.
[7] (Sgd.) ATTICUS FINCH
Counsel for Plaintiff
[Address]
PLUS: [8] Verification and Certification against Forum Shopping

Comment [24]: Checklist:


1. Caption and Title
2. Parties/Capacity of Parties
3. Material Allegations of Ultimate Facts
4. Statement of Cause(s) of Action
5. Prayer/Reliefs
6. Date/Place of Execution
7. Signature of Counsel
8. Verification and Certification Against
Forum Shopping

B. Answer with affirmative defense and counterclaim


1. Answer with compulsory counterclaim
[1] Regional Trial Court
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch 33, Quezon City
ALIS DI-YAN COMPANY,
Plaintiff,
Civil Case No. 2222
For : Ejectment

- versus -

Feliz Guerrero 8/12/07 3:04 PM


Comment [25]: Checklist:
1. Caption
2. Denials/Admission
3. Statement of Affirmative Allegations
4. Statement of Affirmative/Negative
Defenses
5. Counterclaim
6. Prayer/Relief
7. Date/Place of Execution
8. Signature of Counsel
9. Verification
10. Certification against Forum Shopping
11. Proof of Service

Feliz Guerrero 8/12/07 2:15 PM

YOKO NGA,

Comment [26]: 1976 and 1983 Bar Exams

Defendant.
x ----------------------------------- x
ANSWER
(With COUNTERCLAIM)
DEFENDANT, by counsel, respectfully states that:
Admissions/Denials
[2] 1. He admits the contents of paragraph 1 only insofar as his personal circumstances but
specifically denies the contents insofar as plaintiffs personal circumstances for the reason stated in the
Affirmative Defenses below.
2. He admits the contents of paragraph 2 only where it states that a Contract of Lease was
entered into but specifically denies that the Contract reflects the true intent of the parties as explained in
the Affirmative Defenses below.
3. He admits the contents of paragraph 3 only as to the fact that demand to vacate was made
but specifically denies its contents as to the truth of the reasons for the letter for lack of knowledge
sufficient to form a reasonable belief as to its truth or falseness..
4. He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in the
Affirmative Defenses below.
Affirmative Defenses
[4] 5. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as
they are material and additionally submit that the Complaint should be dismissed because:
5.1. Plaintiff has no capacity to sue as it is a foreign corporation doing business
in the Philippines without a license.
5.2. The Complaint fails to state a cause of action as the Contract of Lease
(ANNEX A) was, before its expiration, superceded by a Deed of Absolute Sale whereby
plaintiff sold to defendant the parcel of land in question, a copy of which is attached as
ANNEX 1.
Counterclaim
[5] 6. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as
they are material and additionally submit that he is entitled to relief arising from the filing of this
malicious and baseless suit, as follows:
6.1.
Moral Damages amounting to One Million Pesos (PHP1,000,000/00)
because his name and reputation were besmirched by this malicious and baseless suit.
6.2. Attorneys Fees amounting to One Hundred Thousand Pesos (P100,000.00)
because he was compelled to secure services of counsel to vindicate his legal rights.
[6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by
dismissing the Complaint and granting defendants counterclaim by awarding defendant: (a) One Million
Pesos as Moral Damages, and (b) Fifty Thousand as Attorneys Fees.
Other just and equitable reliefs are prayed for.

10

[7] Quezon City; 13 April 2007.


[8] (Sgd.) MITCH MCDEERE
Counsel for Defendant
[Address]
[9 & 10] VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
Feliz Guerrero 8/12/07 2:15 PM

I, YOKO NGA, of legal age, do hereby state that: I am the defendant in the case filed by Alis Diyan Company for ejectment; in response, I have caused the preparation of this Answer with
Counterclaim; I have read its contents and affirm that they are true and correct to the best of my own
personal knowledge; I specifically deny the genuineness and due execution as well as the
binding effect of the actionable documents pleaded by plaintiiff; I hereby certify that there is no
other case commenced or pending before any court involving the same parties and the same issue and
that, should I learn of such a case, I shall notify the court within five (5) days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on 13 April 2007.
(Sgd.) YOKO NGA
PLUS:
1. Jurat (IF any document is denied)
2. [11] Proof of Service (personal service or service by registered mail)

11

Comment [27]: Rule 7, section 5 requires


that any initiatory pleading, among
which is a counterclaim, must be
accompanied by a Certification against
Forum Shopping. Also please note that an
Answer need not be verified BUT if there
is a specific denial of an actionable
document, such as that contained here,
then the Answer must be verified. See
again Rule 8, secs. 7 (definition of
actionable document), 8 (how to contest
such documents), 10 (requirements of a
specific denial), 11 (effects of failure to
specifically deny).

Feliz Guerrero 8/12/07 2:15 PM


Comment [28]: Representative specific
denial under oath, as required by the
Rules, in relation to any actionable
document.

2. Answer with counterclaim and cross-claim


Feliz Guerrero 8/12/07 3:04 PM

See Form No. B-1, supra, but add-[5] Crossclaim


7. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they
are material and additionally submit that he is entitled to indemnity and/or contribution from codefendant MANGGA GANTSO in the event that he is made liable to plaintiff because co-defendant
MANGGA GANTSO acted as the duly authorized agent of plaintiff in the sale of the property and, acting as
such, received consideration, in the form of the purchase price, from defendant.
[6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by
1. dismissing the Complaint, and
2. granting defendants counterclaim by awarding defendant
a. One Million Pesos (Php.1,000,000) as Moral Damages, and
b. Fifty Thousand Pesos (Php.50,000) as Attorneys Fees.
3. In the event that defendant is made liable to plaintiff on the Complaint, he further prays that
co-defendant MANGGA GANTSO be made liable to indemnify defendant in the same amount
under the Crossclaim.
[7] Quezon City; __________________.
[8] (Sgd.) MITCH MCDEERE
Counsel for Defendant
[Address]
PLUS:
1. [9 & 10] Verification and Certification against Forum Shopping
2. Jurat (IF document is denied)
3. [11] Proof of Service (personal service or service by registered mail)

12

Comment [29]: Checklist:


1. Caption
2. Denials/Admission
3. Statement of Affirmative Allegations
4. Statement of Affirmative/Negative
Defenses
5. Cross-claim
6. Prayer/Relief
7. Date/Place of Execution
8. Signature of Counsel
9. Verification
10. Certification against Forum Shopping
11. Proof of Service

C. Pre-trial Brief
Feliz Guerrero 8/12/07 2:15 PM

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 90, Quezon City
LAKISA LAYAW,
Plaintiff,
Civil Case No. 97-31312
- versus -

Comment [30]: Rule 18, section 6.


Checklist:
1. Proposed terms for amicable settlement
2. Alternative modes of dispute resolution
3. Summary of admitted facts
4. Proposed stipulation of facts and issues
5. Documents to be presented
6. Names of witnesses and substance of
their testimony
7. Resort to discovery
8. Available trial dates

LAKISA HIRAP,
Defendant.
x ------------------------------------- x
PRE-TRIAL BRIEF
Feliz Guerrero 8/12/07 2:15 PM

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


I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT
AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT
1.1. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of
openness from plaintiff, defendant is open to the possibility of amicably settling this dispute.
[1 & 2] 1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, 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
defendants obligations to plaintiff and, second, a schedule of payments.
II. BRIEF STATEMENT OF CLAIMS AND DEFENSES
2.1. Plaintiff seeks principally to recover the amount of Twenty Two Million Eight Hundred
Eighteen Thousand Nine Hundred Forty Eight Pesos and Thirty Centavos (PHP22,818,948.30) with
interest at twelve percent (12%) arising allegedly from unpaid orders delivered to defendant variously in
1989.
2.2. Defendant resists plaintiffs claims based on a failure to state a cause of action because of :
2.2.1. Plaintiffs lack of personality to sue and, therefore, not being the real
party in interest under Rule 3, section 2 of the 1997 Rules of Civil Procedure;
2.2.2.
Furniture.

Extinguishment of the alleged claim made by the entity Regency

2.3.
Defendant also interposed a compulsory counterclaim for Two Million Pesos
(PHP2,000,000.00) for moral damages and Two Million Pesos (PHP2,000,000.00) for exemplary damages
and One Hundred Thousand Pesos (PHP100,000.00) as attorneys fees.
III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES
[3] 3.1.
Defendant admits only those facts stated in her Answer, i.e., her personal
circumstances, receipt of the demand letter dated January 5, 1997 and her reply to the demand letter.
3.2. Subject to a concrete proposal for stipulation of additional facts from plaintiff during pretrial or even thereafter, defendant admits no other facts stated in the Complaint.
IV. ISSUES TO BE TRIED
[4] 4.1.

Defendant submits that the following issues put forward by plaintiff are subject to

proof:
4.1.1. Plaintiffs personality to seek legal relief;
4.1.2. Plaintiffs entitlement to the amount claimed;
4.2. Defendant submits that the following issues she put forward are subject to proof:
4.2.1. Plaintiffs bad faith in filing this suit;

13

Comment [31]: NOTE: There is no need to


attach a Notice of Hearing for a Pre-Trial
Brief. Also, pre-trial is now mandatory in
criminal cases under Rule 118, 2000
Rules on Criminal Procedure as well as
under RA 8493 (The Speedy Trial Act),
although neither the law nor the Rules
require the submission of a Pre-Trial Brief
in criminal cases (in practice, courts also
do not require the submission of a pre-trial
brief in criminal cases). Consequently, the
requirement of a pre-trial brief and the
consequences for failure to submit one
(e.g., non-suit or dismissal) appear to
pertain exclusively to civil cases.

Feliz Guerrero 8/12/07 2:16 PM


Comment [32]: This is a new requirement
imposed by the 1997 Rules on Civil
Procedure.

4.2.2.
Defendants entitlement to the claims made in her Compulsory
Counterclaim as a result of plaintiffs bad faith;
V. EVIDENCE
[6] 5.1. Defendant intends to present the following witnesses:
5.1.1. Defendant herself, who will testify on the true circumstances leading to
the filing of this suit against her;
5.1.2. An employee of Topless Enterprises with personal knowledge as to the
true circumstances behind the alleged obligations due and owing in favor of plaintiff.
[5] 5.2. Defendant reserves the right to present any and all documentary evidence which shall
become relevant to rebut plaintiffs claims in the course of trial as well as any other witnesses whose
testimony will become relevant to belie plaintiffs witnesses, if necessary.
VI. RESORT TO DISCOVERY
[7] 6.1. Considering the relatively simple issues presented, defendant does not intend to avail 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.
RESPECTFULLY SUBMITTED.
Quezon City; 13 April 2007.
(Sgd.) MITCH MCDEERE
Counsel for Defendant
[Address]
Copy furnished:
Atty. MA BOLA
Counsel for Plaintiff

14

D. Motions
1. Motion to dismiss (with request for and notice of hearing)
Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch 39, Quezon City
LAKI ASSET COMPANY,
Plaintiff,
Civil Case No. 3333
For: Sum of Money

- versus -

Feliz Guerrero 8/12/07 3:06 PM


Comment [33]: Cf. Rule 15, 1997 Rules on
Civil Procedure
Checklist:
1. Ground(s)
2. Argument(s)
3. Prayer/Relief
4. Notice of Hearing
5. Proof of Service
6. Attachments (if any)
7. Verification (in certain cases)

Feliz Guerrero 8/12/07 2:16 PM


Comment [34]: 1988 and 2002 Bar
Question

DAMI UTANG CORPORATION,


Defendant.
x --------------------------------------- x
MOTION TO DISMISS
DEFENDANT, by counsel, respectfully moves to dismiss the Complaint on the ground that the
Complaint fails to state a cause of action as [1] THE OBLIGATION SOUGHT TO BE ENFORCED BY
PLAINTIFF IS NOT YET DUE AND DEMANDABLE, as shown by the following:
[2] 1. Allegedly, plaintiff has failed to reach the quotas agreed upon under the Marketing
Agreement dated 1 January 2006; defendant now seeks to collect the sum of TWO HUNDRED
THOUSAND PESOS (P200,000.00), representing the balance of the proceeds due plaintiff under the said
Marketing Agreement.
2. The contract is for one (1) year and defendant is given that same period to reach the quota
specified therein; the period of one (1) year has not expired. Consequently, plaintiffs claim is premature
as there is yet no breach of the Marketing Agreement until the period expires and the quota is not
attained. For this reason, plaintiffs Complaint states no cause of action and must be dismissed.
[3] WHEREFORE, defendant respectfully prays that the Complaint be DISMISSED for failure to
state a cause of action.
Other just and equitable reliefs are also prayed for.
Quezon City; 13 April 2007.
(Sgd.) MITCH MCDEERE
Counsel for Defendant
[Address]
[4] REQUEST FOR & NOTICE OF HEARING
Feliz Guerrero 8/12/07 2:16 PM

THE BRANCH CLERK OF COURT


Metropolitan Trial Court
Branch 39, Quezon City

Comment [35]: Rule 15, section 5; Cf.


Rule 15, section 4 (on period of service)

Please submit the foregoing Motion to the Court for its consideration and approval immediately
upon receipt hereof and kindly include the same in the courts calendar for hearing on Friday, 27 April
2007 at 8:30 in the morning.
ATTICUS FINCH
1 MockingBird Street
Timog Avenue, Quezon City
Please take notice that counsel has requested to be heard on Friday, 27 April 2007 at 8:30 in the
morning.
(Sgd.) MITCH MCDEERE
Counsel for Defendant
2 The Firm
Laguna Street, Quezon City
PLUS: [5] Proof of Service
Feliz Guerrero 8/12/07 2:16 PM
Comment [36]: Rule 15, section 6 in
relation to Rule 13, section 13

15

2. Motion for leave of court to file pleading (with explanation for service by
registered mail)
Feliz Guerrero 8/12/07 3:06 PM

Republic of the Philippines


SUPREME COURT
Manila
LAKI UTANG,
Petitioner,
G.R. No. ________
- versus -

Comment [37]: Cf. Rule 13, section 13


Checklist:
1. Ground(s)
2. Argument(s)
3. Prayer/Relief
4. Notice of Hearing
5. Proof of Service
6. Attachments (if any)
7. Verification (in certain cases)

Feliz Guerrero 8/12/07 2:16 PM

DAMI LUPA,
Respondent.
x ------------------------- x

Comment [38]: In motions filed before the


Supreme Court and the Court of Appeals, a
Notice of Hearing is not required.

MOTION FOR LEAVE


OF COURT TO FILE REPLY WITH
MOTION TO ADMIT ATTACHED REPLY
Feliz Guerrero 8/12/07 2:16 PM

PETITIONER, by counsel, respectfully states that:


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

Comment [39]: Under Rule 15, section 9,


1997 Rules on Civil Procedure, a motion
for leave to file a pleading or motion shall
be accompanied by the pleading or motion
sought to be admitted.

[2] 2. Under existing rules, a Reply can no longer be filed as a matter of course. Consequently,
petitioner seeks leave of this Court to file the said Reply, a copy of which, pursuant to the 1997 Rules on
Civil Procedure, is attached to this motion.
[3] WHEREFORE, petitioner respectfully prays that he be granted leave of court to file a Reply
and for the Court to admit the attached Reply.
Quezon City for Manila; 5 January 2007.
(Sgd.) ATTICUS FINCH
Counsel for the Petitioner
[Address]
PLUS:
1. [4] Request for and Notice of Hearing
2. [5] Explanation for service by registered mail
Feliz Guerrero 8/12/07 2:16 PM
Comment [40]: The requirement is for a
written explanation if service is done by
registered mail instead of by personal
service; the explanation need not be
verified, it being required only that it is
signed. However, in the Supreme Court,
where an Affidavit of Service is required, it
may be practical to combine the
Explanation and the Affidavit of Service.
Cf. Rule 13, sections 11 and 13.

16

3. Motion for judgment on the pleadings


Feliz Guerrero 8/12/07 2:16 PM

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 39, Quezon City
LAKISA LAYAW,
Plaintiff,
Civil Case No. 97-31312
For: Sum of Money

- versus -

Comment [41]: 1989 Bar Question

Feliz Guerrero 8/12/07 3:07 PM


Comment [42]: Checklist:
1. Ground(s)
2. Argument(s)
3. Prayer/Relief
4. Notice of Hearing
5. Proof of Service
6. Attachments (if any)
7. Verification (in certain cases)

LAKISA HIRAP,
Defendant.
x ------------------------- x
MOTION FOR JUDGMENT ON THE PLEADINGS
Plaintiiff, by counsel, respectfully states that:
1. On 6 July 2005, plaintiff sued defendant for a sum of money in the amount of Nine Hundred
Thousand Pesos (P900,000.00).
[1 & 2] 2. In his Answer, defendant admitted the obligation and merely stated that he was
asking to be given an extension of time to pay his obligation but that plaintiff instead filed this Complaint.
The Answer admits the material allegations of the Complaint and has not tendered any issue;
consequently, a judgment on the pleadings may be rendered.
[3] WHEREFORE, plaintiff respectfully prays a judgment on the pleadings be rendered in his
favor.
Quezon City; 13 April 2007.
(Sgd.) ATTICUS FINCH
Counsel for the Plaintiff
[Address]
PLUS:
1. [4] Request for and Notice of Hearing
2. [5] Proof of Service

Feliz Guerrero 8/12/07 2:17 PM


Comment [43]: NOTE: This is a litigious
motion, i.e., it must be set for hearing.
Thus, a specific hearing date must be
requested and notice thereof given to
adverse party through counsel.

17

4. Ex parte motion to set for pre-trial


Feliz Guerrero 8/12/07 2:17 PM

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 39, Quezon City
LAKISA LAYAW,
Plaintiff,

Comment [44]: Under Rule 18, section 1


of the 1997 Rules on Civil Procedure, it is
now mandatory on the part of the plaintiff
to move ex parte for setting of pre-trial.
Note that the motion is expressly
denominated as ex parte, i.e., no need for
hearing.

Feliz Guerrero 8/12/07 3:08 PM

Civil Case No. 97-31312


- versus LAKISA HIRAP,
Defendant.
x ------------------------- x

Comment [45]: Checklist:


1. Ground(s)
2. Argument(s)
3. Prayer/Relief
4. Notice of Hearing
5. Proof of Service
6. Attachments (if any)
7. Verification (in certain cases)

EX PARTE MOTION TO SET CASE FOR PRE-TRIAL


PLAINTIFF, by counsel, respectfully states that:
[1] 1. On 1 June 2006, defendant submitted her Answer to the Complaint, thereby causing the
issues to be joined.
[2] 2. This case is, thus, ripe for pre-trial. Complying with Rule 18, Section 1 of the 1997 Rules
on Civil Procedure, plaintiff respectfully asks that this case be set for pre-trial.
[3] WHEREFORE, plaintiff respectfully prays that this case be set for pre-trial on a date
convenient to this Honorable Court.
Quezon City; 13 April 2007.
(Sgd.) ATTICUS FINCH
Counsel for the Plaintiff
[Address]
[4] REQUEST AND NOTICE
Feliz Guerrero 8/12/07 2:17 PM

THE BRANCH CLERK OF COURT


Regional Trial Court
Branch 39, Quezon City
Please submit the foregoing to the Court for its approval immediately upon receipt hereof.
Copy furnished:
MITCH MCDEERE, ESQ.
2 The Firm
Laguna Street, Quezon City
Please take notice that counsel has requested for the approval of the foregoing motion
immediately upon receipt.
(Sgd.) ATTICUS FINCH
Counsel for the Plaintiff
PLUS: [5] Proof of Service

18

Comment [46]: Note the difference


between this Request and Notice and that
contained in Form II-D1; this does not
contain a date of hearing because under
Rule 15, section 4, it is a motion which the
Court may act upon without prejudicing
the rights of the adverse party and
moreover because Rule 18, section 1
expressly defines this to be an ex parte
motion.

5. Motion for postponement


Feliz Guerrero 8/12/07 2:17 PM

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 39, Quezon City
DILA TORY,
Plaintiff,
Civil Case No. 008877
- versus -

Comment [47]: 1987 Bar Question

Feliz Guerrero 8/12/07 3:08 PM


Comment [48]: Checklist:
1. Ground(s)
2. Argument(s)
3. Prayer/Relief
4. Notice of Hearing
5. Proof of Service
6. Attachments (if any)
7. Verification (in certain cases)

PASEN SYOSO,
Defendant.
x ------------------------- x
MOTION FOR POSTPONEMENT
PLAINTIFF, by counsel, respectfully states that:
1. This case is set for trial on 5 May 2007 at 8:30 in the morning.
[1] 2. On said date and time, the undersigned counsel will be unable to appear before this
Honorable Court as he has also been directed to appear on this date and time before the Regional Trial
Court of Makati City, Branch 139 for People of the Philippines v. Bil Moko, Criminal Case No. 009988,
where he is scheduled to terminate cross-examination of the prosecutions expert witness who will be
available only on said date and time.

[2] 3. Without impugning the importance of these proceedings, plaintiff respectfully submits
that his attendance in the Makati case becomes indispensable; otherwise, the accused in said case would
be deprived of the opportunity to confront and cross-examine a vital witness against her.
4. This motion is prompted only by the foregoing reason and not for delay.
[3] WHEREFORE, plaintiff respectfully prays that the trial scheduled on 5 May 2007 be
POSTPONED to another date convenient to this Honorable Court.
Quezon City; 13 April 2007.
(Sgd.) MITCH MCDEERE
Counsel for the Plaintiff
[Address]
PLUS:
1. [4] Request for and Notice of Hearing
2. [5] Proof of Service

Feliz Guerrero 8/12/07 2:17 PM


Comment [49]: In some instances, this
motion is considered a non-litigious
motion; thus, the request and notice need
not specify a date of hearing and simply
state that it is being submitted for approval
immediately upon receipt. Although, the
better practice would be to file such a
motion early so as to be able to set it for
hearing and approval by the court.

19

6. Motion for extension of time


Feliz Guerrero 8/12/07 3:09 PM

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 39, Quezon City

Comment [50]: Checklist:


1. Ground(s)
2. Argument(s)
3. Prayer/Relief
4. Notice of Hearing
5. Proof of Service
6. Attachments (if any)
7. Verification (in certain cases)

DILA TORY,
Plaintiff,
Civil Case No. 008877
- versus PASEN SYOSO,
Defendant.
x ------------------------------------ x
MOTION FOR EXTENSION OF TIME
PLAINTIFF, by counsel, respectfully states that:
1. He has been directed to file a Reply to defendants Answer by 10 May 2007.
[1 & 2] 2. The undersigned counsel, however, anticipates his inability to file the Reply on 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 May 2007, or until 25 May 2007, within which to submit plaintiffs Reply.
3. This motion is not intended for delay but is motivated only by the foregoing reason.
[3] WHEREFORE, plaintiff respectfully prays that he be granted an additional fifteen (15) days
from 10 May 2007, or until 25 May 2007, within which to submit plaintiffs Reply.

Feliz Guerrero 8/12/07 2:29 PM

Quezon City; 13 April 2007.


(Sgd.) MITCH MCDEERE
Counsel for Plaintiff
[Address]
PLUS:
1. [4] Request for and Notice of Hearing
2. [5] Proof of Service

20

Comment [51]: It is always preferable to


not only state the number of additional
days sought, but also the new deadline, so
that it can be used as a personal reminder
of the new deadline.

7. Motion to declare defendant in default


Feliz Guerrero 8/12/07 3:09 PM

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 39, Quezon City
ANAKIN SKYWALKER,
Plaintiff,

Comment [52]: Checklist:


1. Ground(s)
2. Argument(s)
3. Prayer/Relief
4. Notice of Hearing
5. Proof of Service
6. Attachments (if any)
7. Verification (in certain cases)

Civil Case No. 000909


- versus PADME AMIDALA,
Defendant.
x ---------------------------------- x
MOTION TO DECLARE DEFENDANT IN DEFAULT
PLAINTIFF, by counsel, respectfully states that:
1. Plaintiff filed this Complaint against defendant on 1 March 2007; summons were served on
defendant on 20 March 2007, as indicated by the Sheriffs Return of even date, a copy of which is
attached as ANNEX A.
[1 & 2] 2. Defendants reglementary period to file Answer ended on 5 April 2007; no motion for
extension of such period was filed nor was any granted motu proprio 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.
[3] WHEREFORE, plaintiff respectfully prays that defendant be declared in default and that
plaintiff be allowed to present evidence ex parte before the Clerk of Court acting as Commissioner.
Quezon City; 7 April 2007.
(Sgd.) DARTH SIDIOUS
Counsel for Plaintiff
[Address]
PLUS:
1. [4] Request for and Notice of Hearing
2. [5] Proof of Service

Feliz Guerrero 8/12/07 2:17 PM


Comment [53]: NOTE: The defendant is
entitled to be notified of this motion and
the order declaring him/her in default;
thereafter, defendant loses the right to
receive any other notices except for
judgment in default.

21

8. Motion to lift order of default


Feliz Guerrero 8/12/07 2:17 PM

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 39, Quezon City
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 000909
- versus -

Comment [54]: 1985 Bar Question

Feliz Guerrero 8/12/07 3:09 PM


Comment [55]: Checklist:
1. Ground(s)
2. Argument(s)
3. Prayer/Relief
4. Notice of Hearing
5. Proof of Service
6. Attachments (if any)
7. Verification (in certain cases)

PADME AMIDALA,
Defendant.
x ---------------------------------- x
MOTION TO LIFT ORDER OF DEFAULT
DEFENDANT, by counsel, respectfully states that:
1. Five (5) days after service of summons and receipt of Complaint, she filed a Motion to Dismiss
on the ground that plaintiffs claim is outside the jurisdictional amount of this Honorable Court under the
new Expanded Jurisdiction Act and that the Complaint should properly be filed and tried before the
Metropolitan Trial Court. The Motion to Dismiss, which was received by plaintiffs counsel on 25 March
2007, was set for hearing on 10 April 2007, as indicated on the Request for and Notice of Hearing.
2. Without waiting for the hearing on the Motion to Dismiss, this Honorable Court declared
defendant in default on 7 April 2007 based solely on plaintiffs Motion, filed two (2) days after the
supposed lapse of the reglementary period, which, however, was tolled by the filing of a Motion to
Dismiss.
Feliz Guerrero 8/12/07 2:31 PM

[1 & 2] 3. Under the circumstances, the order of default is premature and without legal and
factual basis as: (a) defendant has not failed to file an Answer within the reglementary period, (b) the
reglementary period has not lapsed because of the filing of the Motion to Dismiss within the period, and
(c) the pendency of the Motion to Dismiss is prejudicial to the issue of defendants default. Consequently,
the order of default should be lifted.
[3] WHEREFORE, defendant respectfully prays that the Order of Default against her be LIFTED
and that this Honorable Court resolve her Motion to Dismiss.
Quezon City; 8 April 2007.
(Sgd.) OBI WAN KENOBI
Counsel for Defendant
[Address]
PLUS:
1. [4] Request for and Notice of Hearing
2. [5] Proof of Service

22

Comment [56]: While it is not required, it


may, depending on the type of motion, be
advisable to give a short summary of the
material antecedents so that the
arguments and the basis for relief is clear
and placed in context.

E. Special Civil Actions


1. Certiorari (with Injunction and/or TRO), Prohibition and Mandamus
a. Certiorari
(Caption and Title)
PETITION
PETITIONER, by counsel, respectfully states that:
[2] 1. (State capacity of petitioner and respondent/s, citizenship, status and residence.)
2. (State the date on which copy of Decision was received and/or Resolution on Motion for
Reconsideration, if filed, denied.)
[3] 3. (State briefly the facts and circumstances under which the respondent/s exercising
judicial functions acted without, or in excess of, jurisdiction or with grave abuse of discretion amounting
to lack or excess of jurisdiction.)

Feliz Guerrero 8/12/07 3:12 PM


Comment [57]: Rule 65, 1997 Rules on
Civil Procedure
Checklist:
1. 60 days from notice of judgment or final
order (cf. Rule 65, sec. 4)
2. Names of petitioner and respondent
3. Grounds relied upon
4. Prayer/Relief
5. Combined Verification, Certification
against Forum Shopping, and Statement of
Material Dates
6. Attachments
a. Certified true copies of the
judgment/order subject of petition
b. All material portions of the record as
would support the petition*

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 or any plain or adequate speedy remedy in the ordinary
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.
[4] WHEREFORE, it is respectfully prayed that a writ of certiorari be issued ANNULLING the (act,
decision or finding) for being in grave abuse of discretion; in the interim, that a preliminary injunction
and/or temporary restraining order issue to ENJOIN any further proceedings by respondents.
Quezon City; [1] 7 July 2007.
(Sgd.) ATTICUS FINCH
Counsel for the Petitioner
[Address]
PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates
Feliz Guerrero 8/12/07 2:40 PM

* Rule 65, section 6, par. 2 expressly makes Rule 56, section 2 applicable to petitions for certiorari,
mandamus and prohibition. Rule 56, section 2 provides that Rules 46, 48, 49, 51, 52 and 56 apply. Rule
46, section 3 provides that the petition must be accompanied not only by a certified true copy of
the judgment or order questioned but also by such material portions of the record as are
referred to therein, and other documents, relevant or pertinent thereto.

23

Comment [58]: To the standard


Verification and Certification Against
Forum Shopping, ADD the date when the
Decision or Judgment was received
pursuant to the requirements under the
Rules of Court. (See Form I-G)

b. Prohibition
Feliz Guerrero 8/12/07 2:17 PM

(Caption and Title)


PETITION
PETITIONER, by counsel, respectfully states that:
[2] 1. (State capacity of petitioner and respondent/s, citizenship, status and residence .)
2. (If applicable, state the date on which copy of Decision was received and/or Resolution on
Motion for Reconsideration, if filed, denied.)
[3] 3. (State briefly the facts and circumstances under which the respondent/s whether
exercising judicial or ministerial functions acted without, or in excess of, jurisdiction or with grave abuse
of discretion amounting to lack or excess of jurisdiction.)

Comment [59]: 1995 Bar Question

Feliz Guerrero 8/12/07 3:12 PM


Comment [60]: Checklist:
1. 60 days from notice of judgment or final
order (cf. Rule 65, sec. 4)
2. Names of petitioner and respondent
3. Grounds relied upon
4. Prayer/Relief
5. Combined Verification, Certification
against Forum Shopping, and Statement of
Material Dates
6. Attachments
a. Certified true copies of the
judgment/order subject of petition
b. All material portions of the record as
would support the petition*

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 or any plain or adequate speedy remedy in the ordinary
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.
[4] WHEREFORE, it is respectfully prayed that an injunction or TRO be issued directing
respondent/s to desist and refrain from further proceedings in the premises, and that after due 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).
Quezon City; [1] 7 July 2007.
(Sgd.) ATTICUS FINCH
Counsel for the Petitioner
[Address]
PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates
Feliz Guerrero 8/12/07 2:40 PM
Comment [61]: To the standard
Verification and Certification Against
Forum Shopping, ADD the date when the
Decision or Judgment was received
pursuant to the requirements under the
Rules of Court. (See Form I-G)

24

c. Mandamus
Feliz Guerrero 8/12/07 3:12 PM

(Caption and title)


PETITION
PETITIONER, by counsel, respectfully states that:
[2] 1. (State the capacity of petitioner and respondent/s and their addresses.)
[3] 2. (State the facts and circumstances whereby respondent/s unlawfully neglected 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. Petitioner has no appeal from such decision or any plain or adequate speedy remedy in the
ordinary course of law, except this petition.
[4] WHEREFORE, it is respectfully prayed that, after due notice and hearing, a writ of mandamus
issue commanding respondent/s forthwith to: (state the act required to be done), with costs against
them.
Quezon City; [1] 7 July 2007.
(Sgd.) ATTICUS FINCH
Counsel for the Petitioner
[Address]
PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates

25

Comment [62]: Checklist:


1. 60 days from notice of judgment or final
order (cf. Rule 65, sec. 4)
2. Names of petitioner and respondent
3. Grounds relied upon
4. Prayer/Relief
5. Combined Verification, Certification
against Forum Shopping, and Statement of
Material Dates
6. Attachments
a. Certified true copies of the
judgment/order subject of petition
b. All material portions of the record as
would support the petition*

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


a. Complaint in Interpleader
Feliz Guerrero 8/12/07 2:17 PM

NALI LITO,
Plaintiff,
SCA No. ____________
- versus UMA AGAW and INA AGAWAN,
Defendants.
x --------------------------------------- x
COMPLAINT
PLAINTIFF, by counsel, respectfully states that:
[1] 1. Plaintiff and defendants are all of legal age; plaintiff resides at ________________ while
defendants reside at _______________ and _______________, respectively, where they may be served
with pertinent notices.

Comment [63]: Rule 62


Checklist:
1. Parties - Petitioner, who must claim no
interest or has an interest not disputed by
claimants; and claimants over the same
subject matter
2. Material Allegations of Ultimate Facts facts showing conflicting claims made on
the same subject matter over which
petitioner claims no interest or an interest
that is not disputed by claimants
3. Prayer/Relief
4. Date/Place of Execution
5. Signature of Counsel
6. Verification and Certification against
Forum Shopping

Feliz Guerrero 8/12/07 2:17 PM


Comment [64]: 1995 Bar Question

[2] 2. On 1 June 2007, plaintiff found a Gold Rolex Oyster watch, without knowing who its true
owner is. The watch is now in plaintiffs possession. On or about 5 June 1999, defendants made similar
representations to plaintiff as to ownership of the watch.
3. Plaintiff, who claims no interest in the watch, cannot determine the conflicting claims of
defendants and thus seeks to compel defendants to interplead and litigate their several claims between
themselves.
[3] WHEREFORE, it is respectfully prayed that this Honorable Court issue an order directing
defendants to interplead with one another to determine their respective rights and claims and to allow
plaintiff to recover his expenses for safekeeping and the costs of this suit, as first lien upon the subject
matter of this action.
Feliz Guerrero 8/12/07 2:17 PM

[4] Quezon City; 7 July 2007.


[5] (Sgd.) ATTICUS FINCH

Counsel for Plaintiff


[Address]
PLUS: [6] Verification and Certification against Forum Shopping

26

Comment [65]: It is important to allege


this because otherwise plaintiff would be
required to pay the docket fees involved in
filing the Complaint in Interpleader which
would be determined by the value of the
property. In this way, plaintiff will not be
unduly prejudiced by the costs of the suit.

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


Feliz Guerrero 8/12/07 2:17 PM

IN RE: QUIETING OF TITLE OVER THE


PROPERTY COVERED BY TCT NO. 12345
SCA No. 1357
NALI LITO, as Special Administrator of the
Estate of the deceased DAMI LUPA,
Petitioner,
UMA AGAW,
Respondent.
x ------------------------------------------------ x
PETITION
PETITIONER, by counsel, respectfully states that:
[1] 1. He is the special administrator of the estate of the deceased DAMI LUPA.
[2] 2. The deceased, during his lifetime, executed a Deed of Sale of real estate in favor of the
respondent dated _____________, and particularly described, as follows:
(Describe property)
covered by TCT No. 12345 in the Register of Deeds of Makati. The same is annotated on the title as the
only encumbrance thereon.
3. The sale is fictitious and the Deed of Sale is forged, as shown by a judgment in Civil Case No.
2468, a copy of which is attached.
4. The existence of the alleged Deed of Sale is prejudicial and injurious to the title of the lawful
heirs of the deceased upon the said property. Equity demands that the said Deed of Sale be surrendered
and cancelled, as it is a cloud upon the title of the deceased and his lawful heirs.
[3] WHEREFORE, petitioner respectfully prays that this Honorable Court render judgment in the
Estates favor by ordering the Deed of Sale surrendered and cancelled and the cloud on Title No. 12345
removed.
[4] Quezon City; 7 July 2007.
[5] (Sgd.) MITCH MCDEERE
Counsel for Petitioner
[Address]
PLUS: [6] Verification and Certification against Forum Shopping

27

Comment [66]: Rule 63, sec. 1, par. 2


Checklist:
1. Parties - Any person interested under a
deed, will, contract or other writing, before
breach thereof, and who stands to suffer
injury by operation of the said deed, will,
contract or other writing
2. Material Allegations of Ultimate Facts facts showing interest under a deed, will,
contract or other written instrument and
injury arising from operation of said deed,
will, contract or other writing and facts
showing that no violation or breach has
occurred; may also show facts showing
need to reform instrument, quiet title
(arising from conflicting claims or cloud
thereon) or to consolidate ownership (as
when property under pacto de retro not
redeemed)
3. Prayer/Relief
4. Date/Place of Execution
5. Signature of Counsel
6. Verification and Certification against
Forum Shopping

c. Action for Declaratory Relief


Feliz Guerrero 8/12/07 2:17 PM

INA API,
Plaintiff,
- versus -

Civil Case No. 2468

THE CITY COUNCIL


OF QUEZON CITY,
Defendant.
x --------------------------- x
COMPLAINT
PLAINTIFF, by counsel, respectfully states that:
[1] 1. Plaintiff is a Filipino citizen of legal age and resident of Quezon City; defendant is the City
Council of Quezon City, the duly-constituted legislative body for Quezon City, its members may be served
with notices at Quezon City Hall.
[2] 2. On 1 August 1999, defendant City Council passed Ordinance No. 2345 making it unlawful
to operate cellular phone units while inside a moving vehicle and penalizing any violations with a fine of
P1,000.00 for each offense in addition to impounding of the cellular phone unit. The relevant portions of
the Ordinance are, as follows:
(Quote the relevant portions)
3. The above-quoted portion is ambiguous because it leaves unfettered discretion to the
authorities to stop even urgent and important calls which may be made only while the person is in
transit. It fails to consider that, due to the worsening traffic conditions in Metro Manila, majority of
business is conducted in transit and over cellular phones. Plaintiff is a lawyer who frequently has to
dictate important pleadings over the phone while in transit due to the worsening traffic condition. The
Ordinance appears to bar his doing so but plaintiff is unaware of the limits of permissible action under the
Ordinance.
4. Unless declaratory relief is granted, plaintiff will suffer grave and irreparable injury because he
is unsure of the instances when he may lawfully use his cellular phone while in a moving vehicle and
when such use may lead to confiscation and a fine.
[3] WHEREFORE, plaintiff respectfully prays that this Honorable Court grant declaratory relief
and declare plaintiffs rights and duties under the Ordinance.
[4] Quezon City; 7 July 2007.
[5] (Sgd.) ATTICUS FINCH
Counsel for Plaintiff
[Address]
PLUS: [6] Verification and Certification against Forum Shopping

28

Comment [67]: Rule 63, sec. 1, par. 1


Checklist:
1. Parties - Any person interested under a
deed, will, contract or other writing, before
breach thereof, and who stands to suffer
injury by operation of the said deed, will,
contract or other writing
2. Material Allegations of Ultimate Facts facts showing interest under a deed, will,
contract or other written instrument and
injury arising from operation of said deed,
will, contract or other writing and facts
showing that no violation or breach has
occurred; may also show facts showing
need to reform instrument, quiet title
(arising from conflicting claims or cloud
thereon) or to consolidate ownership (as
when property under pacto de retro not
redeemed)
3. Prayer/Relief
4. Date/Place of Execution
5. Signature of Counsel
6. Verification and Certification against
Forum Shopping

d. Quo Warranto
Feliz Guerrero 8/12/07 2:17 PM

(Caption and title)


COMPLAINT
PLAINTIFF, by counsel, respectfully states that:
[1] 1. (State the capacity and address of both plaintiff and defendant.)
[2] 2. (State fully and clearly the facts and circumstances showing that defendant is unlawfully
occupying a public office and that plaintiff is entitled to hold the same office.)
3. (State that plaintiff has demanded that defendant vacate said office and deliver it to plaintiff
but that defendant has unlawfully refused to do so.)
[3] WHEREFORE, plaintiff respectfully prays that a writ of quo warranto issue ousting and
excluding defendant from occupying the office of ____________ and declare that plaintiff is entitled to
the said office and that he be placed forthwith in possession thereof.
[4] Quezon City; 7 July 2007.
[5] (Sgd.) ATTICUS FINCH
Counsel for the Plaintiff
[Address]
PLUS: [6] Verification and Certification against Forum Shopping

29

Comment [68]: Rule 66


Checklist
1. Parties a. Solicitor General, when directed by
President or motu propio;
b. Person claiming to be entitled to
public office or position usurped or
unlawfully held or exercised by another
against the alleged usurping public officer;
2. Material Allegations of Ultimate Facts facts showing usurpation of office and
facts showing entitlement of petitioner to
the office
3. Prayer/Relief
4. Date/Place of Execution
5. Signature of Counsel
6. Verification and Certification against
Forum Shopping

III.

PLEADINGS AND OTHER LEGAL FORMS IN CRIMINAL PROCEDURE


A. Complaint-Affidavit and Counter-Affidavit
1. Complaint-Affidavit

Republic of the Philippines


City of Makati

)
) s.s.
COMPLAINT-AFFIDAVIT

[1] I, MA SELAN, of legal age, Filipino, with assistance of counsel, and [2] resident of 4 Privet
Drive, Triple X Village, Makati, do hereby state under oath that:
1. I am a member of the Triple X Village Homeowners Association (Association) and was
formerly a Director and Corporate Secretary of the Association.
[3] 2. I accuse and hereby charge MR. MA INGAY, residing at 5 Privet Drive, Triple X Village,
Makati, of violating Article 358 of the Revised Penal Code (Slander and Oral Defamation), committed
against me when he publicly, maliciously and deliberately uttered defamatory remarks against me during
the Board Meeting of the Association on 27 January 2007. This is attested to by the following exchange
that transpired between Mr. Ingay and the other members of the Board in attendance:

Feliz Guerrero 8/12/07 2:18 PM


Comment [69]: Checklist:
1. Identity of affiant and other personal
circumstances
2. Statement of venue
3. Factual allegations to show violation or
defense
4. Signature of affiant
5. Verification
6. Certification as to Personal Examination
of Affiant
7. Supporting Documents/Affidavits

Feliz Guerrero 8/13/07 10:22 AM


Comment [70]: Because an affidavit must
be based on personal knowledge of the
affiant, many times, legal answers cannot
be included for fear that affiant does NOT
have personal knowledge. Stating that
affiant was assisted by counsel may
remove that problem as all that affiant has
to do is say I was advised by counsel
that

(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 Mr. Ingay 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 Ma Selan residing at Triple X Village nor is there any other
person named Ma Selan who has acted as Board Member of the Association. Consequently, Mr. Ingays
public and defamatory utterance was clearly a reference to me and to no other.
5. Mr. Ma Ingays remarks, calling me a swindler twice over, uttered in a public meeting 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 Mr. Ingays use of the word swindled was deliberate
as his explanation and clarification a few utterances thereafter would show. Mr. Ingays remarks are also
very serious as they cast aspersions on my reputation, character and very person before my peers and
fellow homeowners.
6. Mr. Ingays 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 lifetimes effort to build a name, reputation and character that my children and their
children can be proud to bear, Mr. Ingay cannot be allowed to simply go scot-free without bearing the
consequences of his acts. For this reason, I am also holding Mr. Ma Ingay liable civilly for
defaming me in the amount of One Million Pesos (P1,000,000.00) in nominal damages, Five
Hundred Thousand Pesos (P500,000.00) in moral damages and Five Hundred Thousand
Pesos (P500,000.00) in exemplary damages.
TO THE TRUTH OF THE FOREGOING, I have signed this Complaint-Affidavit on 13 April 2007.
[4] (Sgd.) MA SELAN
Complainant-Affiant
[5] SUBSCRIBED AND SWORN TO BEFORE ME this 13th day of April 2007.
(Sgd.) Investigating Prosecutor
[6] CERTIFICATION
Feliz Guerrero 8/12/07 2:18 PM

I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIED
THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT.
(Sgd.) Investigating Prosecutor

30

Comment [71]: Rule 112, sec. 3(a), 2000


Rules on Criminal Procedure. Note that
this may be done before a prosecutor, or
any government official authorized to
administer an oath, or in their absence or
unavailability, a Notary Public.

2. Counter-Affidavit
Feliz Guerrero 8/12/07 3:14 PM

Republic of the Philippines


City of Makati
) s.s.

)
COUNTER-AFFIDAVIT
Re: I.S. No. 1613

[1] I, MA LABO, of legal age, with assistance of counsel, do hereby state under oath that:
1. I am the Chief of Staff of the Mayor of Quezon City, and have been occupying said post since
his election to the post in 1998. In said capacity, I am in charge of coordinating the day-to-day affairs
and activities of his Office.
[2] 2. I recently learned that I have been made a respondent in I.S. No. 1613, a charge for
estafa, filed by a certain MA GULANG on 19 January 2007 before the Office of the City Prosecutor for
Quezon City.
3. The charge is based on a supposedly unpaid account for the purchase of seven (7) Nextel
phone units by a Mr. MANGGA GANTSO of the Quezon City Rescue and Environmental Distress Unit,
which made the Mayor their Honorary Chairman with no direct functions; he has been supporting their
activities financially with voluntary contributions.
[3] 4. There is no truth to the allegations in MA GULANGs complaint. There is no factual nor
legal basis to charge me with estafa. The Complaint must be dismissed. To rebut and contradict MA
GULANGs malicious lies, I set forth the true circumstances leading to the transaction below:
4.1. Sometime last year, Ms. Gulang called the office of the Mayor, looking for
him; I informed her that he was not around. I took a message from her saying that she
was a friend of the Mayor and that she was selling Nextel units and if we wanted to buy
units from her. I informed her that both the Mayor and I had our units already; she then
told me if the Mayor could refer her to prospective clients. When the Mayor arrived, I
relayed the message to him.
4.2. Quite coincidentally, Mr. Gantso had called the Mayor asking if he could
assist in securing Nextel units. The Mayor asked me to call Ms. Gulang. Mr. Gantso and
Ms. Gulang were able to meet, as a result.
4.3. On that day, Ms. Gulang brought the units to the Mayors Office; she met
with Mr. Gantso inside the Mayors office. They transacted business inside the Mayors
Office and only passed by my office on their way out.
4.4. Some time after that, Ms. Gulang phoned me and told me that Mr. Gantso
had not paid her the amount of P11,000.00 for the units. Somewhat embarrassed by
this, I called Mr. Gantso and told him to pay Ms. Gulang; he assured me that he would
pay her but that he just needed to collect money from the rest of the group.
4.5. After persistent calls from Ms. Gulang telling me that Mr. Gantso had not
yet paid, I gave her the telephone number of Gantso so that she could just call him
directly. But even then, I would still get calls from Ms. Gulang; and when she started to
get angry over the telephone, I set up an appointment for Mr. Gantso to meet with her
at the Office.
4.6. Thereafter, I would still receive phone calls telling me that Mr. Gantso had
yet to pay; I would follow up with Mr. Gantso but he simply gave me this promise that he
would pay.
5. It is utterly inexplicable that Ms. Gulang would hold me liable for estafa when all that I did
was to refer Ms. Gulang to Mr. Gantso; to a certain extent, I even exerted my best efforts to see that Ms.
Gulang was paid due simply to my great embarrassment at the prospect of being accused of referring a
person who does not know how to pay for an obligation.
6. For this reason, it is certainly incomprehensible that I should stand accused of estafa by Ms.
Gulang. I performed no act of deceit or fraud against her in ordering the units. I performed
NO ACT that even remotely resembles ANY of the acts punished under Article 315. If at all,
any cause of action is PURELY CIVIL in nature and that liability does not pertain to my personal account
in the absence of a showing that I benefited from the Nextel units (which Ms. Gulang does not even
allege and cannot prove); any civil liability should pertain to the Office of the Mayor, not to me.

31

Comment [72]: Checklist:


1. Identity of affiant and other personal
circumstances
2. Statement of venue
3. Factual allegations to show violation or
defense
4. Signature of affiant
5. Verification
6. Certification as to Personal Examination
of Affiant
7. Supporting Documents/Affidavits

Feliz Guerrero 8/13/07 10:22 AM


Comment [73]: Because an affidavit must
be based on personal knowledge of the
affiant, many times, legal answers cannot
be included for fear that affiant does NOT
have personal knowledge. Stating that
affiant was assisted by counsel may
remove that problem as all that affiant has
to do is say I was advised by counsel
that

7. Considering the foregoing, I respectfully submit that there is no prima facie basis to conclude
that the crime of Estafa or that any crime at all has been committed. The Complaint against me should,
thus, be dismissed.
TO THE TRUTH OF THE FOREGOING, I have signed this Statement on 3 February 2007.
[4] (Sgd.) MA LABO
Affiant
PLUS:
1. [5] Verification
2. [6] Certification

32

B. Information and Complaint


1. Information (with Certificate of Preliminary Investigation or Inquest)
a. Bigamy
(Caption)
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 00567
For: Bigamy

- versus PI KUTIN,
Accused.
x ---------------------------------------- x
INFORMATION

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


That on or about 3 July 2006, in the City of Quezon and within the jurisdiction of
this Honorable Court, the said accused, being then legally married to BIL MOKO, and
without such marriage having been legally dissolved and thus valid and existing, did
wilfully, unlawfully and felicitously contract a second marriage with ASA WA in the City of
Quezon.
CONTRARY TO LAW.

Feliz Guerrero 8/12/07 2:18 PM


Comment [74]: Rule 110, section 6-13,
2000 Rules on Criminal Procedure
Checklist:
1. Parties
a. Name of offended party
b. Name of accused
2. Designation of offense by statute
3. Acts or omissions complained of as
constituting the offense including a
statement of the qualifying or aggravating
circumstances
4. Approximate time of the commission of
the offense
5. Place of commission
6. Signature of Prosecutor (for Information)
7. Signature of Offended Party, Peace
officer or Public officer charged with
enforcement of the law (for Complaint)
8. NOTE: if Information is filed after
inquest (and not preliminary investigation),
ADD:
a. Place where accused is actually
detained
b. Full name and address of evidence
custodian
c. Detailed description of recovered
items, if any
9. Verification
10. Certification of Preliminary
Investigation or Inquest

Feliz Guerrero 8/12/07 2:18 PM

ELLIOT NESS
Assistant City Prosecutor

Comment [75]: 1989 Bar Question

Feliz Guerrero 8/12/07 2:44 PM


Comment [76]: NOTE: The allegation of
any aggravating circumstances should be
made here.

CERTIFICATE OF PRELIMINARY INVESTIGATION


Feliz Guerrero 8/12/07 2:18 PM

I hereby certify that a preliminary investigation in this case was conducted by me in accordance
with law; that I examined the Complainant and her witnesses; that there is reasonable ground to believe
that the offense charged had been committed and that the accused is probably guilty thereof; that the
accused was informed of the Complaint and of the evidence submitted against him and was given the
opportunity to submit controverting evidence; and that the filing of this Information is with the prior
authority and approval of the City Prosecutor.
ELLIOT NESS
Assistant City Prosecutor
SUBSCRIBED AND SWORN TO BEFORE ME this 9th day of August 2006 in Quezon City.

Comment [77]: See Rule 112, section 4,


2000 Rules on Criminal Procedure. This
Certification is appended to an Information
filed after a full blown preliminary
investigation is conducted; if the accused
was arrested without a warrant and
refused/failed to execute a written waiver
of the provisions of Article 125, Revised
Penal Code, the ACP should have
conducted an INQUEST and not a
preliminary investigation. Any Information
filed would thus have a different
Certification, i.e., a Certification on
Conduct of Inquest.

AL CAPONE
City Prosecutor
Bail Recommended: P10,000.00

Feliz Guerrero 8/12/07 2:18 PM


Comment [78]: See Rule 110, sections 3,
4, 2000 Rules on Criminal Procedure.
Please note that the oath is administered
by a public officer authorized to administer
an oath; thus, the JURAT does not contain
any reference to the CTC details. Contrast
this with the Jurat in Form I-C, which
applies when a Notary Public administers
the oath.

33

b. Theft
Feliz Guerrero 8/12/07 3:16 PM

(Caption)
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 00567
For: Theft

- versus KLEPTO MANIAC,


Accused.
x --------------------------------------------- x
INFORMATION

The Undersigned accuses KLEPTO MANIAC of the crime of Theft, committed as follows:
That on or about 3 July 2006, in the City of Quezon and within
the jurisdiction of this Honorable Court, the said accused, then 11 years
old and without any known address, willfully, unlawfully and feloniously,
with intent to gain, without force upon things or violence upon persons
and without the knowledge and consent of MA ALAHAS, the owner, took
a gold necklace studded with diamonds valued at One Hundred
Thousand Pesos (P100,000.00) to the prejudice of said owner.
CONTRARY TO LAW.

Comment [79]: Checklist:


1. Parties
a. Name of offended party
b. Name of accused
2. Designation of offense by statute
3. Acts or omissions complained of as
constituting the offense including a
statement of the qualifying or aggravating
circumstances
4. Approximate time of the commission of
the offense
5. Place of commission
6. Signature of Prosecutor (for Information)
7. Signature of Offended Party, Peace
officer or Public officer charged with
enforcement of the law (for Complaint)
8. NOTE: if Information is filed after
inquest (and not preliminary investigation),
ADD:
a. Place where accused is actually
detained
b. Full name and address of evidence
custodian
c. Detailed description of recovered
items, if any
9. Verification
10. Certification of Preliminary
Investigation or Inquest

Feliz Guerrero 8/12/07 2:18 PM

ELLIOT NESS
Assistant City Prosecutor

Comment [80]: 1988 Bar Question

CERTIFICATION AS TO CONDUCT OF INQUEST


Feliz Guerrero 8/12/07 2:18 PM

I hereby certify that the accused was lawfully arrested without a warrant and that, upon being
informed of his rights, refused to waive the provisions of Article 125 of the Revised Penal Code and, for
this reason, an Inquest was conducted; that based on the complaint and the evidence presented before
me without any countervailing evidence submitted by the accused, despite opportunity to do so, there is
reasonable ground to believe that the accused has committed the crime of theft and should, thus, be
held for said crime; that this Information was with the prior authority of the City Prosecutor.
ELLIOT NESS
Assistant City Prosecutor
SUBSCRIBED AND SWORN TO BEFORE ME this 9th of August 2006 in Quezon City.
AL CAPONE
City Prosecutor

34

Comment [81]: See DOJ Circular No. 61


(September 21, 1993; New Rules on
Inquest), section 14. As noted above, this
Certification accompanies an Information
filed after an inquest and not a preliminary
investigation is conducted. An inquest is
conducted only if the respondent was
arrested without a warrant and does not
waive the provisions of Article 125 of the
RPC and does not wish to avail of a fullblown preliminary investigation.

c. Attempted Rape
Feliz Guerrero 8/12/07 2:18 PM

(Caption)

Comment [82]: 1982 Bar Question

Feliz Guerrero 8/12/07 3:16 PM

PEOPLE OF THE PHILIPPINES,


Plaintiff,
Criminal Case No. 00567
For: Attempted Rape

- versus MAEL SIA,


Accused.
x --------------------------------------------- x
INFORMATION

The undersigned accuses MAEL SIA of attempted rape committed as follows:


That on or about 6 June 2005, in Quezon City, the accused did then and there
wilfully, unlawfully and feloniously enter the house of SEK SEE, a married woman, and
finding that her husband was away, with lewd designs and by means of force and
intimidation, commenced directly by overt acts to commit the crime of attempted rape
upon her person, to wit: while SEK SEE was cooking lunch, the accused seized her from
behind, threw her to the floor, raised her skirt, pulled down her underwear and
attempted to penetrate her with his sexual organ and would have succeeded in doing so
had not her loud protests and vigorous resistance brought her neighbors to her
assistance, causing the accused to flee from the premises without completing all the acts
of execution.
CONTRARY TO LAW with the aggravating circumstance of dwelling.
ELLIOT NESS
Assistant City Prosecutor
PLUS: Certification of Preliminary Investigation or Inquest

35

Comment [83]: Checklist:


1. Parties
a. Name of offended party
b. Name of accused
2. Designation of offense by statute
3. Acts or omissions complained of as
constituting the offense including a
statement of the qualifying or aggravating
circumstances
4. Approximate time of the commission of
the offense
5. Place of commission
6. Signature of Prosecutor (for Information)
7. Signature of Offended Party, Peace
officer or Public officer charged with
enforcement of the law (for Complaint)
8. NOTE: if Information is filed after
inquest (and not preliminary investigation),
ADD:
a. Place where accused is actually
detained
b. Full name and address of evidence
custodian
c. Detailed description of recovered
items, if any
9. Verification
10. Certification of Preliminary
Investigation or Inquest

d. Frustrated Murder
Feliz Guerrero 8/12/07 3:18 PM

(Caption)
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 00567
For: Frustrated Murder

- versus MAMA MATAY,


Accused.
x --------------------------------------------- x
INFORMATION

The undersigned accuses MAMA MATAY of frustrated murder committed as follows:


That on or about 21 August 2006, in Quezon City, the accused did then and
there take a loaded .44 Caliber Magnum pistol, directly aim the same firearm at the
person of VIC TIMA, an invalid septuagenarian, and, at point blank range, with intent to
kill, discharge the firearm twice against the person of said Vic Tima, inflicting on said Vic
Tima two (2) wounds on his chest and stomach, which wounds would have been fatal
had not timely medical assistance been rendered to the said Vic Tima.
CONTRARY TO LAW with the aggravating
Premeditation, use of firearm and disregard of age.
(Sgd.) ELLIOT NESS
Assistant City Prosecutor
PLUS: Certification of Preliminary Investigation or Inquest

36

circumstances

of

Evident

Comment [84]: Checklist:


1. Parties
a. Name of offended party
b. Name of accused
2. Designation of offense by statute
3. Acts or omissions complained of as
constituting the offense including a
statement of the qualifying or aggravating
circumstances
4. Approximate time of the commission of
the offense
5. Place of commission
6. Signature of Prosecutor (for Information)
7. Signature of Offended Party, Peace
officer or Public officer charged with
enforcement of the law (for Complaint)
8. NOTE: if Information is filed after
inquest (and not preliminary investigation),
ADD:
a. Place where accused is actually
detained
b. Full name and address of evidence
custodian
c. Detailed description of recovered
items, if any
9. Verification
10. Certification of Preliminary
Investigation or Inquest

C. Motions
1. Motion to Quash Information
Feliz Guerrero 8/12/07 2:18 PM

[1] Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 90, Quezon City
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 00567
For: Theft

- versus -

Comment [85]: 1988 Bar Question


Checklist:
1. Caption and Title
2. Parties
3. Distinct specification of factual and legal
grounds for quashal
4. Relief
5. Date/Place
6. Signature of counsel
7. Notice of Hearing
8. Affidavit of service

KLEPTO MANIAC,

Feliz Guerrero 8/12/07 2:18 PM

Accused.
x ------------------------------------------ x

Comment [86]: 1976, 1986, 1988 and


1990 Bar Question

MOTION TO QUASH
[2] THE ACCUSED, by counsel, respectfully moves to quash the Information for the crime of
theft on the following:
[3] GROUNDS
1. IT CONTAINS AVERMENTS WHICH, IF TRUE, WOULD CONSTITUTE A LEGAL
JUSTIFICATION;
2. THIS COURT IS WITHOUT JURISDICTION.
In support, the accused respectfully states that:
ARGUMENT
The Information alleges that the accused KLEPTO MANIAC 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.
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.
[4] WHEREFORE, it is respectfully prayed that the Information against the accused be QUASHED
and that the accused be released immediately from detention.
[5] Quezon City; 7 July 2007.
[6] (Sgd.) MITCH MCDEERE
Counsel for the Accused
[Address]
PLUS:
1. [7] Request for and Notice of Hearing
2. [8] Proof of Service

37

2. Motion to Quash Search Warrant


Feliz Guerrero 8/12/07 2:18 PM

[1] (Caption)
PEOPLE OF THE PHILIPPINES,
Plaintiff,
- versus -

Criminal Case No. 00022


For: Libel

VIG CHAN,
Accused.
x ---------------------------------------------- x
MOTION TO QUASH SEARCH WARRANT
The ACCUSED, by counsel, respectfully moves for the quashal of Search Warrant No. 1122 issued
by this Honorable Court on and dated 12 July 2006 based on the following considerations:
[2] 1. Rule 126, Sec. 10 or the Revised Rules of Court provides expressly that a search warrant
shall be valid for ten (10) days from its date and that thereafter, it shall be void.
2. Search Warrant No. 1122 is dated 12 July 2006. It was served on the accused on 23 July
2006, the 11th day from its date; this is certified to by the Sworn Inventory and Return executed by Major
Alang Alam, the leader of the searching team (a copy of which is already part of the records). A search
was made on the same day, 23 July 2006; pursuant to said search, certain objects were seized and
delivered to the court. Under the law, the Search Warrant is void and must, thus, be quashed.
[3] WHEREFORE, it is respectfully prayed that Search Warrant No. 1122 be QUASHED and all
objects seized under its purported authority be declared INADMISSIBLE under the exclusionary rule in
Article III, Section 3(2) in relation to section 2 of the 1987 Constitution.
[4] Quezon City; 25 July 2006.
[5] (Sgd.) MA TAPANG
Counsel for Accused
[Address]
PLUS:
1. [6] Request for and Notice of Hearing
2. [7] Proof of Service

38

Comment [87]: Rule 126, sec. 14, 2000


Rules on Criminal Procedure; this is a new
pleading expressly recognized for the first
time in the Rules, although it has been
used widely in practice and even
acknowledged by the Supreme Court in
case law. Please take note that this may
be filed in and acted upon only by the
court where the action is filed but if no
action has yet been filed, it may be filed
with the court that issued the search
warrant. If no resolution has yet been
made by the Search Warrant Court by the
time an Information is filed, then the trial
court shall resolve the Motion to Quash.

Feliz Guerrero 8/12/07 2:18 PM


Comment [88]: Checklist:
1. Caption and Title
2. Distinct Specification of Factual and
Legal Grounds for Quashal
a. Failure to comply with form
prescribed by law
b. Served beyond period
c. More than one offense
d. No personal determination of
probable cause by Judge
e. No probable cause
3. Relief
4. Place/Date
5. Signature of Counsel
6. Notice of Hearing
7. Proof of Service

3. Motion to Suppress Evidence


Feliz Guerrero 8/12/07 2:18 PM

[1] (Caption)
PEOPLE OF THE PHILIPPINES,
Plaintiff,
- versus -

Criminal Case No. 00022


For: Libel

VIG CHAN,
Accused.
x ---------------------------------------------- x
MOTION TO SUPPRESS EVIDENCE UNLAWFULLY SEIZED

Comment [89]: Rule 126, sec. 14, 2000


Rules on Criminal Procedure; this is a new
pleading expressly recognized for the first
time in the Rules, although it has been
used widely in practice and even
acknowledged by the Supreme Court in
case law. Please take note that this may
be filed in and acted upon only by the
court where the action is filed but if no
action has yet been filed, it may be filed
with the court that issued the search
warrant. If no resolution has yet been
made by the Search Warrant Court by the
time an Information is filed, then the trial
court shall resolve the Motion to Quash.

Feliz Guerrero 8/12/07 2:19 PM

The ACCUSED, by counsel, respectfully moves for the suppression of objects seized on 23 July
2006, pursuant to Search Warrant No. 1122 issued by this Honorable Court dated 12 July 2006, based on
the following considerations:
[2] 1. Search Warrant No. 1122 was served on the 11th day and is, thus, void.
2. The motor vehicle seized does not fall within the property that may lawfully be seized.
Discussion
[1] Search Warrant No. 1122 was
served on the 11th day and is, thus,
void.
1. Rule 126, Sec. 10 of the Revised Rules of Court provides expressly that a search warrant shall
be valid for ten (10) days from its date and that thereafter, it shall be void.
2. Search Warrant No. 1122 is dated 12 July 2006. It was served on the accused on 23 July
2006, the 11th day from its date; this is certified to by the Sworn Inventory and Return executed by Major
Alang Alam, the leader of the searching team (a copy of which is already part of the records). A search
was made on the same day, 23 July 2006; pursuant to said search, certain objects were seized and
delivered to the court. Under the law, the Search Warrant is void.
3. No valid seizure may be made under a void warrant. For this reason, the following objects
must be suppressed:
[list items]
[2] The motor vehicle seized does
not fall within the property that
may lawfully be seized.
4. On the occasion of the search, the searching party also seized accuseds green Jaguar XJE
with license plate, No. 1", allegedly for being subject of the offense. Thereafter, it was impounded and
kept at the PNP Motor Pool.
5. The motor vehicle cannot be subject of the offense as accused is charged with libel. There is
no relation between the motor vehicle and libel.
6. Moreover, the motor vehicle is not mala prohibita that would justify a seizure thereof; neither
could there be a seizure of evidence in plain view.
[3] WHEREFORE, it is respectfully prayed that all objects seized under the void Search Warrant
No. 1122 be declared INADMISSIBLE under the exclusionary rule in Article III, section 3(2) in relation to
Section 2 of the 1987 Constitution. Furthermore, it is prayed that the Green Jaguar XJE with license plate
No. 1" be immediately returned to the accused.
[4] Quezon City; 25 July 2006.
[5] (Sgd.) MA TAPANG
Counsel for Accused
[Address]
PLUS:
1. [6] Request for and Notice of Hearing
2. [7] Proof of Service

39

Comment [90]: Checklist:


1. Caption and Title
2. Distinct Specification of Factual and
Legal Grounds for Suppression
a. Search without witnesses
b. Served beyond period
c. More than 1 offense
d. No receipt
e. No inventory
f. Property not subject of seizure
g. Not evidence in plain view
3. Prayer/Relief
4. Place/Date
5. Signature of Counsel
6. Notice of Hearing
7. Proof of Service

4. Motion for Bail


Feliz Guerrero 8/12/07 2:19 PM

[1] (Caption)
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 00567
For: Murder

- versus NAKA PIIT,

Comment [91]: Checklist:


1. Caption and Title
2. Parties
3. Specification of grounds for entitlement
to bail
4. Prayer/Relief
5. Place/Date
6. Signature of Counsel
7. Notice of Hearing
8. Proof of Service

Accused.
x ------------------------------------------ x
MOTION FOR BAIL
[2] THE ACCUSED, by counsel, respectfully moves to be allowed bail on the ground that the [3]
prosecutions evidence of his guilt is not strong. In support, he respectfully submits the following:
1. The Information alleges that he raped the private complainant on 25 December 2005 at his
residence in Quezon City. The prosecutions own evidence, however, belies this allegation as: (a) the
medical certificate (attached as ANNEX A to the Information) states that private complainant is in a virgin
state with no physical and outward signs of trauma; (b) the medical certificate issued by the NBI doctor
(attached as ANNEX B to the Information) after a physical examination of the accused, two (2) days after
the alleged rape, shows that he is suffering from erectile dysfunction and has been so afflicted for close
to five (5) years now and (c) the sworn statements of the private complainant conflict with and contradict
each other such that her credibility must be placed in doubt.
2. For these reasons, there is no basis to conclude that the accused raped the private
complainant as there is less than circumstantial evidence of this fact. He is, thus, entitled to bail as a
matter of right.
WHEREFORE, it is respectfully prayed that the accused be granted: (1) a bail hearing, during
which the prosecution should be directed to present its evidence to show the strength of its evidence of
the accuseds guilt, and (2) thereafter, grant the accused reasonable bail.
Other just and equitable reliefs are also prayed for.
Quezon City; 7 July 2007.
(Sgd.) MITCH MCDEERE
Counsel for the Accused
[Address]
PLUS: Request for and Notice of Hearing

40

Feliz Guerrero 8/12/07 2:19 PM


Comment [92]: See Rule 114, as amended;
however, as bail is generally a matter of
right and is only limited and made
discretionary in capital cases, the
allegation in this regard would invariably
be to the effect that the evidence of guilt is
not strong and the relief prayed for would
be a bail hearing and the subsequent
admission to bail.

D. Application for Bail


Feliz Guerrero 8/12/07 2:19 PM

[1] (Caption)
PEOPLE OF THE PHILIPPINES,
Plaintiff,
- versus -

Criminal Case No. 114878

RECY DIVIST,
Accused.
x ---------------------------------------------- x
APPLICATION FOR PROBATION
THE ACCUSED, by counsel, respectfully applies for probation pursuant to the provisions of
Presidential Decree No. 968, as amended.
In support of this application, the accused respectfully submits the following:
1. Accused-applicant is of legal age and currently gainfully employed at ASN Broadcasting
Corporation located at Timog Avenue, Quezon City. On 23 February 2007, she pleaded guilty to the
offense charged herein; consequently, this Honorable Court in its Order dated 8 March 2007 sentenced
accused-applicant to an indeterminate penalty ranging from three (3) years to five (5) years of prision
correccional.
[2] 2. Accused-applicant humbly submits that she possesses all the qualifications and none of
the disqualifications enumerated under section 2 of Presidential Decree No. 968, specifically:
2.1. She has not been convicted of any crime against national security or public
order;
2.2. She has not been previously convicted by final judgment of an offense
punishable by imprisonment of not less than one (1) month and one (1) day and/or a
fine of not less than Two Hundred Pesos (P200.00);
2.3. She has not previously applied for nor had been previously placed under
probation under Presidential Decree No. 968.
2.4. She has not started to serve her sentence and, to date, has not filed any
Notice of Appeal from the Order of conviction.
3 Finally, granting this application will not in any way depreciate the seriousness of the offense
charged nor cause any undue risk that during the period of probation, accused-applicant will commit
another crime. Moreover, accused-applicant does not need any correctional treatment requiring
commitment to an institution.
[3] WHEREFORE, accused-applicant respectfully prays that her application for probation be
GRANTED and that she be placed under probation under such terms and conditions necessary to attain
and ensure the objectives of the law and which, under the circumstances, are fair, just and reasonable in
the sound discretion of this Honorable Court.
Quezon City for Pasig City; 12 March 2007.
(Sgd.) ATTICUS FINCH
Counsel for Accused
[Address]
PLUS:
1. [4] Verification
2. [5] Request for and Notice of Hearing

41

Comment [93]: Checklist:


1. All the requirements as in ordinary
motions
2. Grounds for Probation (See PD 968, as
amended)
3. Prayer/Relief
4. Verification by Applicant
5. Notice of Hearing

IV.

PLEADINGS AND OTHER LEGAL DOCUMENTS COMMON TO CIVIL AND CRIMINAL


PROCEDURE
A. Offer of Evidence and Opposition/Comment to Offer
1. Formal Offer of Evidence
Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 90, Quezon City

PEOPLE OF THE PHILIPPINES,


Plaintiff,
Criminal Case No. 000011
- versus RECY DIVIST,
Accused.
x ------------------------------------------ x
FORMAL OFFER OF EVIDENCE
Feliz Guerrero 8/12/07 2:19 PM

THE PROSECUTION, by the undersigned public and private prosecutors, respectfully offer their
documentary exhibits in support of their case-in-chief:
1. Exhibit A, the sworn statement of Alang Kaso, the private complainant, and Exhibit A-1, his
signatureto prove that on the date and time stated in the affidavit, the accused issued a post-dated
check in the amount of One Million Pesos (P1,000,000.00) which, on presentment for payment, was
dishonored for lack of insufficient funds; to prove authorship and the authenticity of the sworn
statement; and as part of the testimony of the private complainant.
2. Exhibit B, the post-dated check dated 30 June 2004, issued by the accused in the amount of
One Million Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with notation DAIF; Exhibit
B-2, the signature of accused on face of the checkto prove the issuance of the check, the amount
stated, the reason for dishonor and the identity of the issuer. The marked copies of Exhibits A and B are
already part of the record.
WHEREFORE, the prosecution respectfully prays that the foregoing Exhibits be ADMITTED as
proof of the facts therein stated and in support of its case-in-chief and for all other relevant purposes.
Quezon City; 7 July 2007.
ELLIOT NESS
Public Prosecutor

Comment [94]: Variably and acceptably


denominated by others as Formal Offer of
Documentary Exhibits; please note that
this applies to criminal and civil cases. In
criminal cases, the private prosecutor has
no personality to formally offer the
evidence, thus, the offer is made in the
name of the prosecution.

Feliz Guerrero 8/12/07 2:19 PM


Comment [95]: If the question calls for an
Offer of Evidence by the Accused/Defense,
then the proper 1st par. should read: The
Accused (Defendant), by counsel,
respectfully offers his/her documentary
exhibits in support of his/her defenses, as
follows:. Invariably, the Offer of Evidence
is made in table or column form such that
it would be easier for the Court to see the
Exhibit No., Description and Purpose but,
for purposes of the Bar, this would not be
practicable nor practical. All that is
important is that the Offer contain the
Exhibit Number, a description of the
Exhibit and the Purpose of Offer.

ATTICUS FINCH
Private Prosecutor
Feliz Guerrero 8/12/07 2:19 PM

Copy furnished:

Comment [96]: This is a common mistake


for any legal document submitted by a
private prosecutor. It is important to
remember that the private prosecutor has
no personality to do anything in a criminal
case as everything is under the control and
direction of the public prosecutor. Thus,
every legal document must be signed by
both the public prosecutor and the private
prosecutor. Note that it would also be
acceptable to have the Offer that is
prepared by a private prosecutor signed
by the public prosecutor to show his
conformity thereto.

MITCH MCDEERE
Counsel for Accused

42

2. Comment/Opposition to Offer
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 000011
- versus RECY DIVIST,
Accused.
x ------------------------------------------ x
COMMENT ON THE PROSECUTIONS
FORMAL OFFER OF EVIDENCE
THE ACCUSED, by counsel, respectfully oppose the Prosecutions Offer of Evidence for the
following reasons:
1. Exhibit A, the sworn statement of Alang Kaso, the private complainant, and Exhibit A-1, his
signature are INADMISSIBLE because the private complainant was never presented to authenticate the
document or subjected to cross-examination, thus, the document is hearsay and inadmissible.
2. Exhibit B, the post-dated check dated 30 June 2004, issued by the accused in the amount of
One Million Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with notation DAIF; Exhibit
B-2, the signature of accused on face of the check are INADMISSIBLE for violation of the Best Evidence
Rule as the original check was never presented; and no basis for the presentation of secondary evidence
laid.
ACCORDINGLY, the ACCUSED respectfully submits that the Prosecutions Exhibits are
INADMISSIBLE and must, thus, be EXCLUDED.
Feliz Guerrero 8/12/07 2:50 PM

Quezon City; 7 July 2007.


(Sgd.) MITCH MCDEERE
Counsel for the Accused
[Address]
Copy furnished:
ELLIOT NESS
Public Prosecutor
ATTICUS FINCH
Private Prosecutor

43

Comment [97]: NOTE: The purpose of the


offer is never objected to; rather it is the
admissibility of the document that is
objected to. The purpose of offer goes to
weight of the document (unless of course,
the objection is relevance, then purpose
may properly be objected to as relevance
also determines admissibility). Any
objections to purpose should be made in
the Memorandum and an appropriate
reservation to do so may be stated in the
Comment.

B. Demurrer to the Evidence


1. Criminal cases
(Caption)
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 007
For: Violation of PD 1866

- versus ANAKIN SKYWALKER,


Accused.
x ---------------------------------------- x

DEMURRER TO THE PROSECUTIONS EVIDENCE


Feliz Guerrero 8/12/07 2:51 PM

THE ACCUSED, by counsel, with leave of court previously obtained, respectfully submits this
Demurrer to the Prosecutions 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:

Comment [98]: A Demurrer may also be


called a Motion to Acquit as the relief
sought is acquittal.

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.

Comment [99]: There is a different rule in


criminal procedure as regards a Motion for
Leave to File A Demurrer. The Motion for
Leave must be filed prior to the Demurrer.
It is only when the Motion for Leave is
granted that the Demurrer may be filed.

Feliz Guerrero 8/13/07 10:20 AM

2. The prosecution has failed to adduce sufficient evidence of guilt such as would shift the
burden of proof.
2.1. The accused is charged with violation of PD 1866; the gravamen of the
offense is unauthorized possession of a firearm. Concretely, this means that the
prosecution must prove that the accused had no legal authority to possess any firearm.
2.2. The prosecution has failed to show that the accused had no license to carry
a firearm. The proof of the negative element is indispensable to proof of a violation of PD
1866. Without proof of this negative element, the crime is not proven.
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.
Quezon City; 13 April 2007.
DARTH SIDIOUS
Counsel for the Accused
[Address]
PLUS: Request for and Notice of Hearing
Feliz Guerrero 8/13/07 10:20 AM
Comment [100]: -NOTE: A Demurrer is
essentially a Motion to Acquit. It is thus a
litigious motion and should be set for
hearing.

44

2. Civil cases
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 000909
- versus PADME AMIDALA,
Defendant.
x ---------------------------------- x
DEMURRER TO THE EVIDENCE
DEFENDANT, by counsel, with leave of court previously sought and granted, respectfully submits
this Demurrer to the Evidence because plaintiff has failed to prove entitlement to his claims by a
preponderance of evidence:
1. This action seeks to collect a sum of money arising from a contract.
2. Plaintiff, after resting his case, has failed to: (a) prove the authenticity of the contract, (b) the
extent of the obligation under the contract, (c) the demandability of the obligation under the contract and
(d) defendants liability for the obligation and damages.
3. Consequently, plaintiff has failed to prove his claims by a preponderance of evidence and
defendant is entitled to a dismissal of the Complaint against her.
WHEREFORE, defendant respectfully prays that the Complaint against her be DISMISSED.
Quezon City; 13 April 2007.
(Sgd.) OBI WAN KENOBI
Counsel for Defendant
[Address]
PLUS: Request for and Notice of Hearing

45

Feliz Guerrero 8/12/07 2:19 PM


Comment [101]: Note the difference in the
rule between a civil demurrer and a
demurrer in criminal cases insofar as
effects of leave of court is concerned. A
civil demurrer may be filed with or without
leave of court but if the demurrer is
granted and later reversed on appeal, the
defendant loses the right to adduce
evidence.

C. Notice of Lis Pendens


Feliz Guerrero 8/12/07 2:19 PM

Republic of the Philippines


4th Judicial Region
REGIONAL TRIAL COURT
Branch 71, Antipolo
DAMI LUPA,
Plaintiff,
Civil Case No. 007
For: Reconveyance

- versus ALANG LUPA,


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

NOTICE OF LIS PENDENS


THE REGISTER OF DEEDS
Antipolo City, Rizal Province
Please take notice that a parcel of land covered by TCT No 1234 located in Antipolo, Rizal;
registered in the name of defendant is the subject matter of an action for reconveyance of an undivided
one-sixth portion thereof filed by DAMI LUPA, above-named plaintiff. Accordingly, please record this
notice on the title.
RESPECTFULLY SUBMITTED.
Quezon City; 13 April 2007.
(Sgd.) ATTICUS FINCH
Counsel for Plaintiff
[Address]
Copy furnished:
MITCH MCDEERE, Esq.
Counsel for Defendant

46

Comment [102]: 1980 Bar Question

D. Appearance as Counsel
Feliz Guerrero 8/12/07 2:19 PM

Republic of the Philippines


REGIONAL TRIAL COURT
National Capital Judicial Region
Branch 101, Quezon City

Comment [103]: 1978 and 2002 Bar


Question

ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
For: Legal Separation

- versus PADME AMIDALA,


Defendant.
x -------------------------------- x
ENTRY OF APPEARANCE
THE BRANCH CLERK OF COURT
Regional Trial Court
Branch 101, Quezon City

Please enter the appearance of the undersigned as counsel for defendant Padme Amidala, with
her express conformity as indicated below, in this case. Henceforth kindly address all pertinent notices to
the undersigned at the address given below.
RESPECTFULLY SUBMITTED.
Quezon City; 13 April 2007.
(Sgd.) OBI WAN KENOBI
No. 1, Imzadi Place
Tatooine, Pasig City
WITH MY CONFORMITY:
(Sgd.) PADME AMIDALA
Feliz Guerrero 8/12/07 2:19 PM
Comment [104]: This is frequently
overlooked but is actually the most
important part of the Entry of Appearance
as it indicates to the Court the authority
given and the source of such authority.

Copy furnished:
DARTH SIDIOUS

47

E. Withdrawal as Counsel
1. Withdrawal as Counsel
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
For: Legal Separation

- versus PADME AMIDALA,


Defendant.
x -------------------------------- x
WITHDRAWAL OF APPEARANCE
THE BRANCH CLERK OF COURT
Regional Trial Court
Branch 101, Quezon City

Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN
SKYWALKER, 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.
RESPECTFULLY SUBMITTED.
Quezon City; 7 July 2007.
(Sgd.) MACE WINDU
1 Imperial Palace, Cloud City, Pasig City
WITH MY CONFORMITY:
(Sgd.) ANAKIN SKYWALKER
2. Withdrawal as Counsel WITHOUT conformity of client
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
For: Legal Separation

- versus PADME AMIDALA,


Defendant.
x -------------------------------- x
WITHDRAWAL OF APPEARANCE
THE BRANCH CLERK OF COURT
Regional Trial Court
Branch 101, Quezon City

Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN
SKYWALKER due to irreconcilable professional differences with plaintiff, for which reason the
express conformity of plaintiff cannot be obtained. Henceforth kindly address all pertinent notices
to plaintiff at his address given in the Complaint.
RESPECTFULLY SUBMITTED.
Quezon City; 7 July 2007.
(Sgd.) MACE WINDU
1 Imperial Palace, Cloud City, Pasig City

48

Feliz Guerrero 8/12/07 2:19 PM


Comment [105]: NOTE: If the client gives
express conformity, no reason for
withdrawal needs to be given. However, if
withdrawal is without conformity, the court
may ask counsel to secure conformity. If
withdrawal is due to fundamental and
irreconcilable professional differences, then
it must be stated so that the absence of
conformity of the erstwhile client is
justified.

F. Substitution of Counsel
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
For: Legal Separation

- versus PADME AMIDALA,


Defendant.
x -------------------------------- x
SUBSTITUTION OF COUNSEL

THE UNDERSIGNED respectfully enters his appearance as counsel for defendant Padme Amidala
in substitution of former counsel Darth Maul, as shown by her express conformity below. Henceforth,
kindly address all pertinent notices to the undersigned at the address given below.
RESPECTFULLY SUBMITTED.
Quezon City; 7 July 2007.
OBI WAN KENOBI
Counsel for Defendant
2 Corruscant Place
Tatooine Road, Pasig City
WITH MY CONFORMITY:
(Sgd.) PADME AMIDALA
G. Notice of Appeal
Feliz Guerrero 8/12/07 2:19 PM

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 1, Manila
TALO NAN,
Plaintiff,
Civil Case No. 00222
- versus PANA LO,
Defendant.
x------------------------- x
NOTICE OF APPEAL
PLAINTIFF, by counsel, respectfully appeals to the Court of Appeals the Decision of this
Honorable Court dated 6 July 2006, a copy of which he received on 16 July 2006, for being contrary to
law and the evidence presented.
Quezon City for Manila; 17 July 2006.
(Sgd.) ATTICUS FINCH
Counsel for Plaintiff
[Address]
Copy furnished:
MITCH MCDEERE
Counsel for Defendant

49

Comment [106]: 1975 Bar Question

Feliz Guerrero 8/12/07 2:19 PM


Comment [107]: NOTE: The Notice of
Appeal is filed with the trial court, not the
appellate court.

V.

PLEADINGS AND LEGAL DOCUMENTS ON DOMESTIC CASES AND SPECIAL


PROCEEDINGS
A. Petition for Habeas Corpus
Feliz Guerrero 8/12/07 2:19 PM

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 191, Makati

Comment [108]: 1979 and 1992 Bar


Question

IN RE: PETITION FOR HABEAS


CORPUS OF THE MINORS LUKE
AND LEIA SKYWALKER
SP No. 111334
PADME AMIDALA,
Petitioner.
ANAKIN SKYWALKER,
Respondent.
x ------------------------------------------ x
PETITION
PETITIONER, by counsel, respectfully states that:
1. Petitioner is the mother of the minors Luke and Leia Skywalker, who were born out of the
valid marriage between petitioner and respondent Anakin Skywalker.
2. The marriage failed and petitioner has been living separately from respondent since 2004.
Sometime in February 2007, respondent, unknown to petitioner, abducted the minor children and has
kept them incommunicado and out of petitioners reach.
3. Being below seven (7) years of age, custody of the minors is naturally presumed to belong to
petitioner, as their mother. Consequently, respondents refusal to allow petitioner to regain custody over
the minors is unlawful and unjustified.
WHEREFORE, petitioner respectfully prays that a writ of habeas corpus issue directing
respondent to make a return showing his legal authority to detain the minor children, subject of this
petition, and thereafter, present the minor children personally before the Court on a date and time it
chooses.
Quezon City; 7 July 2007.
OBI WAN KENOBI
Counsel for Petitioner
[Address]
PLUS: Verification and Certification against Forum Shopping

50

B. Petition for Adoption


IN RE: PETITION FOR ADOPTION
OF ANAKIN SKYWALKER
SP No. 111334
DARTH VADER and PADME AMIDALA,
Petitioners.
x ------------------------------------------ x
PETITION
PETITIONERS, by counsel, respectfully state that:
1. Petitioners are husband and wife, both of legal age, and residents of __________.
2. They have no legitimate children of their own and desire to jointly adopt a minor named
ANAKIN SKYWALKER, 10 years old, the legitimate child of _________________.
3. The parents of the minor are not insane, intemperate and are in full possession of civil
capacity; they have not abandoned the minor child. With full knowledge of petitioners intention, they
have expressly given their written consent to the adoption, as shown by their statement, a copy of which
is attached as ANNEX A.
4. Petitioners are qualified to adopt the minor and are financially capable of supporting the
minor; they are also morally qualified to bring up and educate the said minor.
WHEREFORE, it is respectfully prayed that judgment be rendered in petitioners favor adjudging
the minor child ANAKIN SKYWALKER freed from all legal obligations of obedience and maintenance with
respect to his/her natural parents and that he/she be declared to all legal intents and purposes, the child
of herein petitioners and that his/her surname be changed to that of petitioners.
Quezon City; 7 July 2007.
(Sgd.) MASTER YODA
[Address]
PLUS: Verification and Certification against Forum Shopping

51

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


Orders
Feliz Guerrero 8/12/07 2:19 PM

[Caption and Title]


PETITIONER, by counsel, respectfully states that:
1. Petitioner is a Filipino citizen, of legal age and married to respondent. For purposes of this
petition, she may be served with notices and other pertinent processes through counsel at [address of
counsel].
2. Respondent is a Filipino citizen, of legal age, currently employed at [state employer] and
married to petitioner. He may be served with summons and other pertinent orders and processes of this
Court at [state address]

Comment [109]: Under AM No. 02-11-12SC Proposed Rule on Provisional Orders


adopted by the SC on 4 March 2003 and
which took effect on 15 March 2003, the ff.
provisional orders may be applied for upon
filing of a petition for declaration of nullity
of marriage:
a) spousal support [ 2]
b) child support [ 3]
c) child custody [ 4]
d) visitation rights [ 5]
e) hold departure orders [ 6]
f) order of protection [ 7]
g) admin of common property [ 8]

3. Petitioner and respondent were married on [date] and out of this marriage, they have [state
number of children, respective ages]. A copy of the Marriage Contract executed by petitioner and
respondent is attached as ANNEX A; a copy each of the birth certificates of the minor children is
attached as ANNEX B, C and D, respectively.
4. Petitioner and respondent are currently separated in fact and have been so since May 2001.
The reason for the continuing separation in fact is the breakdown of the marriage due to both petitioners
and respondents mutual psychological incapacity to fulfill and discharge their respective marital
obligations to each other, which existed at the time of the marriage in 1998 but manifested itself well into
the marriage
5. The mutual psychological incapacity of the parties to remain married to each other appears
to be incurable; prior to this resort, the parties had attempted formal and informal counseling sessions all
of which proved unproductive as respondent proved resistant and, at times, even hostile to these efforts.

Feliz Guerrero 8/12/07 2:20 PM


Comment [110]: NOTE: It may be
psychological incapacity only on the part of
one party so the allegations may be
tailored to address that situation.

6. In compliance with jurisdictional requirements, petitioner submitted herself to a psychological


and clinical assessment by a trained professional, Clinical Psychologist [state name]. Despite several
attempts, respondent refuses to agree to any sober and productive discussion with petitioner and is
always highly emotional and angry, it was, thus, impracticable to secure a psychological report and
profile of respondent; should this become material, petitioner reserves the right to request respondent to
submit to a psychological examination for purposes of confirming the mutual psychological incapacity to
remain married to each other.
7.
Petitioners psychological incapacity is described in clinical terms as being consistent with a
V61.1 Partner Relational Problem and is said to have Masochistic Personality Disorder or 301.9
Personality Disorder Not Otherwise Specified; on the other hand, the assessment given by the
psychologist of respondents psychological make-up is that he has a 301.20 Schizoid Personality Disorder
with narcissistic features which is described as grave, incurable and has antecedents.
The
psychological make-up of petitioner and respondent is explained in greater detail in the Clinical
Assessment Report (Report) dated 28 December 2006, a copy of which is attached as ANNEX E.
8. Their minor children are in petitioners custody and are being supported by her financially
and emotionally.
9. Petitioner submits that, despite the parties mutual psychological incapacity to remain married
to each other, the interests of the children are best served by having them remain in her custody, with
visitation rights extended to respondent. All of the children are minors and, under the law, children under
seven (7) years of age shall not be separated from the mother, save for exceptional circumstances which
do not exist in this case.
10. Petitioner cannot, however, provide for all the financial needs of the children as she is only
earning a limited amount of money from her work whereas respondent is gainfully employed and earns
more than enough for his own personal needs. Petitioner earns only (state amount) from her work as
shown by her payslip attached as ANNEX F whereas respondent earns (state amount) from his work as
shown by his payslip attached as ANNEX G. The common property of petitioner and respondent is
insufficient for the support of the children. Respondent must, thus, be directed to give support to his
children in the amount of (state amount).
WHEREFORE, petitioner respectfully prays that PROVISIONAL ORDERS for child custody and child
support be issued giving to petitioner custody pendente lite over their minor children and directing
respondent to give monthly support in the amount of (state amount), subject to any adjustments that
may be made based on changing earning capacity as well as needs.

52

Feliz Guerrero 8/12/07 2:20 PM


Comment [111]: Under the Rule on
Provisional Orders, child custody may be
sought in a petition for declaration of
nullity where the court considers the best
interests of the child as paramount;
provisional custody may be awarded to the
following based on the order of preference:
1) to both parents jointly
2) to either parent taking into account all
relevant considerations, esp. the choice of
the child
3) to the surviving grandparent, or if there
are several of them, to the grandparent
chosen by the child above 7 years of age
unless the grandparent chosen is unfit or
disqualified
4) to the eldest brother or sister over 21
years of age unless unfit or disqualified
5) to the actual custodian over 21 years of
age unless unfit or disqualified, or
6) to any other person deemed by the court
suitable to provide proper care and
guidance. 4.

Feliz Guerrero 8/12/07 2:20 PM


Comment [112]: Under the Rule on
Provisional Orders, child support may
also be sought. It must first be taken from
the properties of the absolute community
or the conjugal partnership. In the
discretion of the court, either parent or
both may be ordered to give an amount
necessary for support, maintenance and
education of the child in proportion to the
resources or means of the giver and to the
needs of the recipient. Thus, the earning
capacity of the parent and the amount
needed for support must be alleged.

Petitioner also prays that, after trial, judgment be rendered in her favor by declaring petitioner to
be psychologically incapacitated to comply with the essential obligations of her marriage to respondent,
thus -[1] Declaring the marriage between petitioner and respondent a nullity and, by this
token, ordering the dissolution of the conjugal partnership of gains; and
[2] Awarding permanent custody of the children to petitioner, with express
acknowledgement of respondents visitation rights;
[3] Awarding support in the amount of (state amount) subject to adjustments to be
made depending on changes in earning capacity and needs of the children.
All other just and equitable reliefs are also prayed for.
Quezon City; 7 July 2007.
(Sgd.) ATTICUS FINCH
Counsel for the Petitioner
[Address]
PLUS: Verification and Certification against Forum Shopping

53

D. Petition for Probate of a Holographic Will


Feliz Guerrero 8/12/07 2:20 PM

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 30, San Juan

Comment [113]: 1988 Bar Question

RE: PROBATE OF THE HOLOGRAPHIC


WILL OF PABLING SIA.,
SP PROC. No. 0023
PALING KERA,
Petitioner,
x ------------------------------------ x
PETITION
PETITIONER, by counsel, respectfully states that:
1. Petitioner is a Filipino citizen and the widow of the deceased.
2. On 16 August 2006, PABLING SIA died, having previously executed a holographic will in his
own handwriting and in a language known to him. A copy of the will is attached as ANNEX A. The
handwriting may be attested to as his by his secretary of long standing, TOM CRUZ.
2. The deceased left a house and lot located at No. 555, Tuna Road, Marinara Subdivision,
Quezon City and cash amounting to Fifty Thousand Pesos (P50,000); he had no debts.
3. The deceaseds only heirs are herein petitioner and their son, PABLING SIA JR., both of whom
are residing at No. 555, Tuna Road, Marinara Subdivision, Quezon City.
WHEREFORE, it is respectfully prayed that after due notice and publication this Honorable Court
fix the date for the probate of the holographic will and that letters of administration be issued in favor of
the herein petitioner and thereafter adjudicate the properties of the deceased in accordance with the said
holographic will.
Quezon City; 7 July 2007.
(Sgd.) MITCH MCDEERE
Counsel for the Petitioner
[Address]
PLUS: Verification and Certification against Forum Shopping

54

VI.

DEEDS, CONTRACTS AND OTHER CORPORATE LEGAL DOCUMENTS


A. Special Power of Attorney
Feliz Guerrero 8/12/07 2:20 PM

SPECIAL POWER OF ATTORNEY


KNOW ALL MEN BY THESE PRESENTS:
I, OBI WAN KENOBI, of legal age, and resident of Tatooine, do hereby name, constitute and
appoint PADME AMIDALA, of legal age, and resident of Naboo, to be my true and lawful Attorney-in-Fact
and in my name, place and stead, do perform the following specific act(s):
(Specify the particular act/s to be performed)
Giving and granting unto said attorney-in-fact power and authority to do every act necessary and
required in connection with these presents, and hereby ratifying and confirming all that she may do by
virtue of these presents.
IN WITNESS WHEREOF, I have signed this Special Power of Attorney this 7 July 2007 at
Tatooine.
(Sgd.) OBI WAN KENOBI
Principal
SIGNED IN THE PRESENCE OF:
(Sgd.) R2D2
(Sgd.) C3PO
Acknowledgment
B. General Power of Attorney
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
I, OBI WAN KENOBI, of legal age, and resident of Tatooine, do hereby name, constitute and
appoint PADME AMIDALA to be my true and lawful attorney-in-fact, for me and in my name, place and
stead, to do and perform the following acts, to wit:
(Specify general acts that Attorney-in-Fact may do)
Giving and granting unto my said Attorney-in-Fact full power and authority necessary and
required to carry out the acts as fully to all intents and purposes as I might do or lawfully do if personally
present, with power of substitution and revocation, and hereby ratifying and confirming all that my said
attorney-in-fact or his substitute shall lawfully do or cause to be done under and by virtue of these
presents.
IN WITNESS WHEREOF, I have signed this instrument this 7 July 2007 at Tatooine.
(Sgd.) OBI WAN KENOBI
Principal
SIGNED IN THE PRESENCE OF:
(Sgd.) R2D2
(Sgd.) C3PO
Acknowledgment

55

Comment [114]: 1976, 1986 and 1992


Bar Exams

C. Contract of Lease
Feliz Guerrero 8/12/07 2:20 PM

CONTRACT OF LEASE

Comment [115]: 1976, 1987, 1988 and


1996 Bar Question

KNOW ALL MEN BY THESE PRESENTS:


This Agreement made and entered into at Makati this 7th day of July 2007 by and between DAMI
BAHAY, of legal age, married to ASA WA, (LESSOR) and resident of Makati City, and ALANG BAHAY, of
legal age, single and resident of Quezon City (LESSEE), WITNESSETH that:
1. In consideration of a monthly
covenants made below, the LESSOR hereby
Antonio Village, Makati City covered by Tax
period of TWELVE (12) MONTHS from signing

rental of FIVE THOUSAND PESOS (P5,000.00) and the


LEASES to the LESSEE an apartment located at 199 San
Declaration No. 001 (Makati City Assessors Office) for a
of this contract.

2. The LESSEE covenants, as follows:


2.1. To pay the rentals on or before the fifth day of each month, without need
of demand at the residence of LESSOR;
2.2. To keep the premises in good and habitable condition, making the
necessary repairs and painting inside and outside the house;
2.3. Not to make major alterations and improvements without the written
consent of the LESSOR and in the event of such unauthorized major alterations and
improvements, surrendering ownership over such improvements and alterations to the
LESSOR upon expiration of this lease;
IN WITNESS WHEREOF, the parties have signed this contract on the date and the place first
mentioned.
DAMI BAHAY
Lessor

ANG BAHAY
Lessee

With my consent:
ASA WA
Acknowledgment
BEFORE ME, a Notary Public for Makati City, personally appeared on the 7th of July 2007, the
following persons, with their respective CTC details indicated below:
DAMI BAHAY
ALANG BAHAY

CTC No. ____________ issued at/on


CTC No. ____________ issued at/on

known to me to be the same persons who executed the foregoing instrument, denominated as a Contract
of Lease consisting of __ pages, signed on each and every page by the parties and their instrumental
witnesses, having acknowledged the same before me as their own free and voluntary act and deed.
TO THE TRUTH OF THE FOREGOING, witness now my hand and seal on the date and place
mentioned above.
N.O. TARIO
Until December 31, 2007
PTR No. 0000111/1/05/99, Makati City
Doc. No.
Page No.
Book No.
Series of 2007.

56

D. Holographic Will
Feliz Guerrero 8/12/07 2:20 PM

San Juan, Metro Manila


7 July 2007

Comment [116]: 1975, 1986 and 1988


Bar Exams

I hereby execute this holographic will, in my handwriting and in the English language which I
know how to read and write, bequeathing my house and lot located at No. 555, Tuna Road, Marinara
Subdivision, Quezon City to my son, PABLING SIA JR., and cash amounting to Fifty Thousand Pesos
(P50,000) to my spouse, PALING KERA.
(Sgd.) PABLING SIA SR.
E. Notarial Will
Feliz Guerrero 8/12/07 2:20 PM

LAST WILL AND TESTAMENT


of
PABLING SIA, SR.
KNOW ALL MEN BY THESE PRESENTS:
I, PABLING SIA, SR., of legal age, married to PALING KERA, a native of Lipa City, Batangas, now
actually residing at San Juan, Metro Manila, being of sound and disposing mind and memory, and not
acting under influence, violence, fraud or intimidation of whatever kind, declare this to be my Last Will
and Testament which I have caused to be written in English, the language which is known to me. And I
hereby declare that:
I.

The following are my children and their addresses;


(Name of children and addresses)

II.

I give and bequeath to my children __________, __________, and __________,


in equal shares, the following properties, real and personal, whatsoever and
wheresoever located:
(Description of property)

III.

I designate _______________ as the sole executor of this Last Will and


Testament.

IN WITNESS WHEREOF, I have set my hand this 7th day of July 2007 in San Juan, Metro Manila.
(Sgd.) PABLING SIA, SR.

57

Comment [117]: 1979, 1983 and 2004


Bar Exams

F. Attestation Clause for a Notarial Will


Feliz Guerrero 8/12/07 2:20 PM

ATTESTATION CLAUSE
WE, the undersigned witnesses, whose residences are stated opposite our respective names, do
hereby certify that: the testator _________________ has published unto us the foregoing will consisting
of ___ pages numbered correlatively in letters on the upper part of each page, as his/her last will and
testament and has signed the same and every page thereof, on the left margin, in our joint presence and
we, in turn, at his/her request have witnessed and signed the same and every page thereof, on the left
margin, in the presence of the testator and in the presence of each other.
SAKSI 1
SAKSI 2
SAKSI 3

Comment [118]: This applies also to


Donations Mortis Causa, which are
essentially wills. Not applicable, however,
to donations inter vivos.

Residence
Residence
Residence
Feliz Guerrero 8/12/07 2:20 PM

G. Acknowledgment of a Notarial Will

Comment [119]: There must be at least 3


instrumental witnesses.

JOINT ACKNOWLEDGMENT
BEFORE ME, Notary Public for and I the City of San Juan, Philippines, this 7th day of July, 2007,
personally appeared:
PABLING SIA, SR. (Testator), with Valid Identification Document _______ issued by
(official agency), on 6 July 2006;
SAKSI 1 (Witness), with Valid Identification Document _______ issued by (official
agency), on 6 July 2006;
SAKSI 2 (Witness), with Valid Identification Document _______ issued by (official
agency), on 6 July 2006;
SAKSI 1 (Witness), with Valid Identification Document _______ issued by (official
agency), on 6 July 2006;
all known to me to be the same persons who signed the foregoing Will, the first as testator and the last
three as instrumental witnesses, and they respectively acknowledged to me that they signed the same as
their own free act and deed.
This Will consists of ___ pages, including the page in which this acknowledgment is written, and
has been signed on the left margin of each and every page thereof by the testator and his witnesses and
has been sealed with my Notarial seal.
IN WITNESS WHEREOF, I have set my hand the day, year and place written.
(Sgd.) N. O. TARIO
Notary Public
Until __________________
PTR No. _______________
Issued at ______________
On ___________________
Doc. No.
Page No.
Book No.
Series of 2007.

58

H. Donation Inter Vivos


DEED OF DONATION
KNOW ALL MEN BY THESE PRESENTS:
This Deed of Donation, made and executed by LALIM BULSA, of legal age, single/married, and
resident of _______________ (Donor) in favor of DAMI UTANG, of legal age, single/married and
resident of _________________ (DONEE) WITNESSETH:
That the DONOR is the owner of that certain real property with the buildings and improvements
thereon, situated in _________________, and more particularly described in Original/Transfer Certificate
of Title No. ____ of the land registry of _____________, as follows:
(Copy description of property in title)
That for and in consideration of the love and affection which the DONOR has for the DONEE, the
said DONOR, by these presents, transfers and conveys, by way of donation, unto said DONEE, his/her
heirs and assigns, the above described real property with all the buildings and improvements thereon,
free from all liens and encumbrances;
That the DONOR does hereby state, for the purpose of giving full effect to this donation, that
he/she has reserved for himself/herself in full ownership sufficient property to support him/her in a
manner appropriate to his/her needs;
That the DONEE does hereby accept this donation of the above-described property, and does
hereby express gratitude for the kindness and liberality of the DONOR.
IN WITNESS WHEREOF, the DONOR and the DONEE have signed this deed on 7 July 2007 and at
Quezon City, Philippines.
LALIM BULSA
Donor
ACCEPTED:
DAMI UTANG
Donee
SIGNED IN THE PRESENCE OF:
(Sgd.) MIRON 1
(Sgd.)MIRON 2
PLUS: Acknowledgment

59

I.

Acknowledgment of Nominee Status with Assignment of Shares


ACKNOWLEDGMENT OF NOMINEE STATUS WITH ASSIGNMENT OF SHARES

I, GEORDI LA FORGE, (Nominee), of legal age, and with office address at __________, hereby
acknowledge my status as nominee for WILLIAM RIKER (the Principal) for the purpose of holding title
to ___ shares of stock in the Enterprise Holdings Inc. (the Corporation). As nominee, I hereby
unequivocally confirm that the Principal is the exclusive and absolute owner of the subject shares.
Accordingly, the relationship between the principal and the nominee with respect to the subject shares is
governed by the following terms and conditions:
1. All dividends, whether cash, stock or property, rights and other privileges, accruing
on the subject share shall be for the account and benefit of the principal; accordingly,
the nominee shall deliver the same to the principal and whoever the latter may
designate.
2. Directors fees and other amounts received by way of compensation for services
rendered by the nominee shall be for the account and benefit of the nominee.
3. The principal shall save the nominee free and harmless from any liability, whether for
unpaid subscriptions, taxes or otherwise, that may arise as a result of the nominees
holding title to the subject shares for and on behalf of the principal.
4. The nominee hereby assigns, transfers, and conveys the subject shares to the
principal free from all liens and encumbrances and hereby undertakes to execute the
necessary instruments to transfer title over the subject shares to the principal or to
whoever the latter may designate.
5. This acknowledgment of nominee status shall bind the nominees heirs, executors,
administrators and other successors-in-interest.
Done this 7th day of July 2007 at Quezon City.
GEORDI LA FORGE
Nominee
WITH MY CONFORMITY:
WILLIAM RIKER
Principal
WITNESSES:
(Sgd.) UZI 1
(Sgd.) UZI 2
PLUS: Acknowledgment

60

J.

Secretarys Certificate
SECRETARYS CERTIFICATE

I, DEANNA TROI, of legal age, with office address at __________________, on the basis of the
corporate records, do hereby certify that under oath that:
1. I am the Corporate Secretary of ENTERPRISE HOLDINGS INC. (corporation), a corporation
duly organized and existing under Philippine laws, with the same office address given above.
2. At a meeting of the Board of Directors of the corporation held on ___________, at which
meeting a quorum was present and obtained throughout, the following resolution(s) was (were)
unanimously approved and adopted:
RESOLVED, that ...................

Feliz Guerrero 8/12/07 2:20 PM


Comment [120]: Sometimes, it may be
necessary to specify whether the meeting
was a special or general meeting.

3. The foregoing resolution has not been revoked, amended or in any manner modified and
accordingly, the same may be relied upon until a written notice to the contrary is issued by the
corporation.
IN WITNESS WHEREOF, I have set my hand to this certification on ____ at ______________.
DEANNA TROI
Corporate Secretary
ATTESTED:
JEAN-LUC PICARD
President
PLUS: Jurat
K. Board Resolutions
1. Authority to Act
Board Resolution No. ___
RESOLVED, that Mr. Jean-Luc Picard, as Chairperson and Chief Executive Officer
of Enterprise Holdings be authorized, as he is hereby authorized, to enter into any and
all transactions with the representatives of the Ferengi Trade Federation, as may prove
to be beneficial to the corporation in his own opinion and determination.
Approved and adopted this 7th day of July, 2007 at Makati City, Philippines.
(Name of Directors)
2. Increase in number of directors and necessary amendment to the Articles of
Incorporation
Feliz Guerrero 8/12/07 2:20 PM

Board Resolution No. ___


RESOLVED, by a vote of stockholders representing more than 2/3 of the
subscribed and paid up capital stock, to INCREASE the number of Directors of the
Corporation from five (5) to seven (7) and to AMEND the Articles of Incorporation to
reflect this increase.
Approved and adopted this 7th day of July, 2007 at Makati City, Philippines.
(Name of Directors)

61

Comment [121]: 1987 Bar Question

L. Deed of Assignment
DEED OF ASSIGNMENT
KNOW ALL MEN BY THESE PRESENTS:
I, DAMI SHARES, of legal age, Filipino and resident of ________________, for and in
consideration of the sum of ____________________ Pesos (P_____), receipt of which is hereby
acknowledged do hereby assign, cede, transfer and convey unto DAMI LUPA, likewise of legal age, and
resident of ______________, all his/her rights, title, ownership and interest over its subscription to One
Hundred Thousand (100,000) shares of the capital stock of _________ Corporation, including advances
due from said corporation. It is, however, understood that the assignee shall assume any and all unpaid
subscription on the said shares.
The assignor hereby irrevocably constitute, name and appoint the assignee to be his/her true and
lawful attorney-in-fact to make representations with the corporate secretary and to cause the annotation
of this assignment in the books of the corporation.
IN WITNESS WHEREOF, the assignor has signed this deed on 7th day of July, 2007 at the City of
Manila.
DAMI SHARES
Assignor
SIGNED IN THE PRESENCE OF:
(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment

62

M. Deed of Sale of Registered Land (unilateral)


Feliz Guerrero 8/12/07 2:21 PM

Republic of the Philippines


Makati City

)
) s.s.

Comment [122]: 1979, 1983, 1984, 1989,


1991 and 1997 Bar Exams

DEED OF ABSOLUTE SALE


KNOW ALL MEN BY THESE PRESENTS:
I, MA YA MAN, Filipino, single, and resident of _________________________, for and in
consideration of the amount of _______________________, paid to me today by MA GU LANG, Filipino,
single and resident of ________________ do hereby SELL, TRANSFER and CONVEY absolute and
unconditionally unto said MA GU LANG that certain parcel(s) of land, together with the buildings and
improvements thereon situated in the City of Makati, and more particularly described as follows:
(Technical Description of property/ies; specify metes and bounds of the
property/ies with approximate area thereof, as indicated on the face of the title)
of which I am the registered owner in fee simple, my title thereto being evidenced by Transfer (or
Original) Certificate of Title No. ______, issued by the Register of Deeds of Makati City.
It is hereby mutually agreed that the vendee shall bear all expenses for the execution and
registration of this deed of sale.
IN WITNESS WHEREOF, I have signed this deed this 7th day of July, 2007 at Makati City.
MA YA MAN
Vendor

[Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If
vendor is married, then add the following:]
With my consent:
ASA WA
Vendors Wife
SIGNED IN THE PRESENCE OF:
(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment

63

N. Deed of Sale of Unregistered Land (unilateral)


Republic of the Philippines
Makati City

)
) s.s.
DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:


I, MA YA MAN, Filipino, single, and resident of _________________________, for and in
consideration of the amount of __________, paid to me today by MA GU LANG, Filipino, single and
resident of _______________________ do hereby SELL, TRANSFER and CONVEY absolutely and
unconditionally unto said MA GU LANG that certain parcel(s) of land, together with the buildings and
improvements thereon situated in the City of Makati, and more particularly described as follows:
(Description: state the nature of each piece of land and its improvements, situations and
boundaries, area in square meters, whether or not the boundaries are visible on the land
by means of monuments or otherwise; and if they are, what they consist of, the
permanent improvements, if any, the page number of the assessment of each property
for current year or years when registration is made, the assessed value of the property
for the year)
It is hereby declared that the boundaries of the foregoing land are visible by means of
_______________; that the permanent improvements existing thereon consist of _________ (if none,
state so); that the land is assessed for the current year at P______________ as per Tax Declaration No.
__________, and the buildings and/or improvements , at P____________ as per Tax Declaration No.
_________, of the City Assessor of Makati.
The above described real estate, not having been registered under Act No. 496 nor under the
Spanish Mortgage Law, the parties hereto have agreed to register this instrument under the provisions of
Sec. 194 of the Revised Administrative Code, as amended.
IN WITNESS WHEREOF, I have signed this deed this 7th day of July, 2007 at Makati City.
MA YA MAN
Vendor

[Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If
vendor is married, then add the following:]
With my consent:
ASA WA
Vendors Wife
SIGNED IN THE PRESENCE OF:
(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment

64

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


Republic of the Philippines
Makati City

)
) s.s.
DEED OF SALE WITH PACTO DE RETRO

This Deed of Sale with Pacto de Retro made and executed by and between:
MA YA MAN, Filipino, of legal age, married to ASA WA, with residence at
___________________ (VENDOR),
- and MA GU LANG, Filipino, of legal age, married to BA TAPA, with residence
at ____________ (VENDEE);
WITNESSETH: That
The VENDOR is the absolute owner of a certain parcel of land with all the buildings and
improvements thereon, situated in the City of Makati, and more particularly described, as follows:
(Copy technical description in TCT/OCT)
his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the Register of
Deeds of Makati;
The VENDOR, for and in consideration of the amount of _________________ Pesos (P_____), to
him paid by VENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONVEY
under pacto de retro unto the said VENDEE, his heirs and assigns, the property with all the buildings and
improvements thereon, free from all liens and encumbrances whatsoever;
The VENDOR, in executing this conveyance, hereby reserves the right to REPURCHASE, and the
VENDEE, in accepting the same, hereby obligates himself to RESELL the property herein conveyed within
a period of ____ years from date of this deed for the same price of ______________ (P____); Provided,
however, that if the VENDOR shall fail to exercise his right to repurchase as herein granted within the
period provided, then this conveyance shall become absolute and irrevocable, without need of a new
Deed of Absolute Sale, subject to the requirements of law regarding consolidation of ownership of real
property.
IN WITNESS WHEREOF, I have signed this deed this 7th day of July, 2007 at Makati City.
MA YA MAN
Vendor

MA GU LANG
Vendee

With my marital consent:


ASA WA

With my marital consent:


BA TAPA

SIGNED IN THE PRESENCE OF:


(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment

65

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


Republic of the Philippines
Makati City

)
) s.s.
DEED OF RESALE

KNOW ALL MEN BY THESE PRESENTS:


I, MA GU LANG, Filipino, married, of legal age, and resident of _______________, for and in
consideration of _______________ Pesos (P____), to me paid by MA YA MAN, Filipino, of legal age,
married and resident of ___________________, do hereby RESELL, RETRANSFER and RECONVEY unto
said MA YA MAN that certain parcel of land, with all the buildings and improvements thereon, situated at
Makati City, and more particularly described, as follows:
(Copy technical description in title)
covered by Transfer (or Original) Certificate of Title No. ____ of the Registry of Deeds of Makati, and
which property was previously sold to under pacto de retro by the said MA YA MAN on _____________,
executed before Notary Public __________ and bearing Notarial Registration No. ___, Page No. ____,
Book No. ____ and Series of 20__ of his Notarial Register, a copy of which is attached as ANNEX A.
IN WITNESS WHEREOF, I have signed this deed this 7th of July, 2007 at Makati City.
MA GU LANG
Vendor

[Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If
vendor is married, then add the following:]
With my consent:
BA TAPA
Vendors Wife
SIGNED IN THE PRESENCE OF:
(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment

66

Q. Deed of Sale with Mortgage


Republic of the Philippines
Makati City

)
) s.s.
DEED OF SALE WITH MORTGAGE

This Deed of Sale with Pacto de Retro made and executed by and between:
MA YA MAN, Filipino, of legal age, married to ASA WA, with residence at
___________________ (VENDOR-MORTGAGEE),
- and MA GU LANG, Filipino, of legal age, married to BA TAPA, with residence
at ____________ (VENDEE-MORTGAGOR);
WITNESSETH: That
The VENDOR-MORTGAGEE is the absolute owner of a certain parcel of land with all the buildings
and improvements thereon, situated in the City of Makati, and more particularly described, as follows:
(Copy technical description in TCT/OCT)
his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the Register of
Deeds of Makati;
The VENDOR, for and in consideration of the amount of _________________ Pesos (P_____), to
him paid by VENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONVEY
unto the said VENDEE, his heirs and assigns, the property with all the buildings and improvements
thereon, free from all liens and encumbrances whatsoever;
It is hereby agreed and stipulated that the UNPAID BALANCE OF ____________ Pesos (P____),
of which amount _________________Pesos (P_____) shall be paid by the VENDEE-MORTGAGOR to the
VENDOR-MORTGAGEE at the latters residence, as follows:
(State manner of payment)
In order to guarantee the fulfillment of the above obligations, the VENDEE-MORTGAGOR does
hereby MORTGAGE unto the said VENDOR-MORTGAGEE, his heirs and assigns, the property described,
together with all the buildings and improvements thereon, under the express stipulation that if the said
VENDEE-MORTGAGOR shall pay or cause to be paid unto the VENDOR-MORTGAGEE the obligations, 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 prescribed by law.
IN WITNESS WHEREOF, I have signed this deed this 7th day of July, 2007 at Makati City.
MA YA MAN
Vendor

MA GU LANG
Vendee

With my consent:
ASA WA
Vendors Wife

With my consent:
BA TAPA
Vendees Wife

SIGNED IN THE PRESENCE OF:


(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment

67

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


DEED OF ASSIGNMENT
KNOW ALL MEN BY THESE PRESENTS:
This Deed of Assignment, made and executed by and between DAMI UTANG, Filipino, of legal
age, married to ALANG MALAY, with residence at _____________ (ASSIGNOR) and DAMI LUPA, Filipino,
of legal age, married to BIL MOKO, with residence at _______________ (ASSIGNEE), WITNESSETH:
That the ASSIGNOR is indebted to the ASSIGNEE in the sum of ___________ Pesos (P______)
and in full payment and complete satisfaction thereof hereby assign, transfer and convey unto the
ASSIGNEE that certain real estate with all the buildings and improvements thereon, situated in
___________, and more particularly described as follows:
(Description of property assigned)
of which real estate the ASSIGNOR is the registered owner, his title thereto being evidenced by Transfer
(or Original) Certificate of Title No. ____________ of the Register of Deeds of _____________.
That the ASSIGNEE does hereby accept this assignment in full payment of the above-mentioned
debt of ______________ Pesos (P_________).
IN WITNESS WHEREOF, the parties have signed this Deed on 7 July 2007 at Makati City.
DAMI UTANG
Assignor

DAMI LUPA
Assignee
With my marital consent:

ALANG MALAY
Assignors Wife

BIL MOKO
Assignees Wife

PLUS: Acknowledgment

68

S. Chattel Mortgage
Feliz Guerrero 8/12/07 2:21 PM

Republic of the Philippines


Makati City

)
) s.s.

Comment [123]: 1997 Bar Question

CHATTEL MORTGAGE
KNOW ALL MEN BY THESE PRESENTS:
That I, DAMI KOTSE, of legal age, married and resident of Makati, for and in consideration of the
loan of FIVE HUNDRED THOUSAND PESOS (P500,000.00), granted to me by YAMAN NYA, also of legal
age, married and resident of Makati, to be paid one (1) year from date hereof, have transferred and
conveyed by way of chattel mortgage unto said YAMAN NYA, his heirs, successors and assigns, free from
all liens and encumbrances that certain motor vehicle, at present in my possession at my address, more
particularly described as:
Model/Make No./Color
Chassis No.
Engine No.

: BMW 738i (1998), racing green;


: 00000001111;
: 00000001111;

of which I am the true and absolute owner by title thereto, being evidenced by Registration Certificate of
Motor Vehicle No. ______ issued in my name by the Land Transportation Office on
__________________.
This chattel mortgage has been executed in order to secure the full and faithful payment of my
obligation to YAMAN NYA in accordance with the terms and conditions of this instrument; Upon payment,
this contract shall become null and void; otherwise, it shall continue in full force and effect and may be
foreclosed in accordance with law.
IN WITNESS WHEREOF, I have signed this instrument on 7 July 2007 at Makati City.
DAMI KOTSE
Affidavit of Good Faith
Feliz Guerrero 8/12/07 2:21 PM

We severally swear that DAMI KOTSE, mortgagor, and YAMAN NYA, mortgagee, have executed
the foregoing Chattel Mortgage in order to guarantee as good and binding the obligations mentioned
above and is not intended to defraud creditors.
YAMAN NYA

DAMI KOTSE
Signed in the presence of:

UZI 1

UZI 2

PLUS: Acknowledgment

69

Comment [124]: Please attach this


particularly to a chattel mortgage.

VII.

APPEALS AND OTHER RESORTS TO APPELLATE COURTS IN CRIMINAL AND CIVIL


PROCEDURE
A. Ordinary appeals
1. in civil cases
a. from MTC (in original jurisdiction) to RTC (in appellate jurisdiction)
Checklist:
15 days from notice of judgment or final order
Notice of Appeal (Rule 40, Sec. 3)
o Parties
o Judgment or final order appealed from
o Material dates showing timeliness of appeal
Proof of payment of appellate court docket and other lawful fees (Rule 40, Sec. 4)
Memorandum for Appellant and Appellee (Rule 40, Sec. 7)
b. From RTC (in original jurisdiction) to CA
Checklist:
15 days from notice of judgment or final order
Notice of Appeal
Brief for Appellant
o Subject Index of the matter in brief
o Assignment of Errors
o Statement of the Case
o Statement of the Facts
o Statement of the Issues
o Argument
o Relief
o Copy of judgment or final order appealed from
Brief for Appellee (same as Brief for Appellant, except copy of judgment)
Appellants Reply Brief
Memorandum (in special cases)
o Statement of the Case
o Statement of the Facts
o Statement of the Issues
o Argument
o Relief
2. in criminal cases
a. From MTC (as trial court) to RTC (in appellate jurisdiction)
Checklist:
15 days from notice of judgment or final order
Notice of Appeal
Appellants Brief/Memorandum
Appellees Brief/Memorandum
b. From RTC (as trial court) to CA
Checklist:
15 days from notice of judgment or final order
Notice of Appeal
Appellants Brief/Memorandum
Appellees Brief/Memorandum
c. From RTC (as trial court) to SC
Checklist:
15 days from notice of judgment or final order
Notice of Appeal
Appellants Brief/Memorandum
Appellees Brief/Memorandum

70

Feliz Guerrero 8/12/07 2:21 PM


Comment [125]: Rules 40, 42, 43, 44, 122

Feliz Guerrero 8/12/07 2:21 PM


Comment [126]: Rule 40

Feliz Guerrero 8/12/07 2:21 PM


Comment [127]: Rule 41

Feliz Guerrero 8/12/07 2:21 PM


Comment [128]: Rule 122, sec. 1(a)

Feliz Guerrero 8/12/07 2:21 PM


Comment [129]: Rule 122, sec. 1(b), sec.
3(a)

Feliz Guerrero 8/12/07 2:21 PM


Comment [130]: Rule 122, sec. 3(c); the
ONLY instance when an ordinary appeal
from the RTC is with the Supreme Court
and where resort is made by simple notice
of appeal; the only ground is where the
penalty imposed is reclusion perpetua or
life imprisonment or where a lesser penalty
is imposed but involving offenses
committed on the same occasion or arising
out of the same occurrence that gave rise
to the more serious offense for which the
penalty of death or life
imprisonment/reclusion perpetua is
imposed.

B. Petitions for Review


1. From RTC (as appellate court) or from quasi-judicial agencies to CA
Checklist:
15 days from notice of judgment or final order
extension of 15 days only
Full names of petitioner and respondent
Statement of Material Dates
Statement of Material Averments
Statement of Issues, Errors of Fact or Law
Argument
Verification and Certification against Forum Shopping
Attachments
o Certified true copy or duplicate original copy of judgment/final order questioned
o Clear and legible copy of all pleadings and other material portions of the record
Proof of Service and Explanation for Service by Registered Mail (if applicable)

Feliz Guerrero 8/12/07 2:21 PM


Comment [131]: Rules 42, 43, 45, 122

Feliz Guerrero 8/12/07 2:21 PM


Comment [132]: Rules 42 and 43

Feliz Guerrero 8/12/07 2:21 PM


Comment [133]: Rule 42, sec. 1; Rule 43,
sec. 4

Feliz Guerrero 8/12/07 2:21 PM


Comment [134]: Rule 13, section 13

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


Checklist:
15 days from notice of judgment or final order
extension of 30 days
Names of petitioner and respondent (without impleading the lower court/judge/justice)
Statement of Material Dates
Material Allegations, Reasons or Arguments for allowance of petition
Verification and Certification against Forum Shopping
Attachments
o Certified true copy or duplicate original copy of judgment/final order questioned
o Clear and legible copy of all pleadings and other material portions of the record
Proof of Service and Explanation for Service by Registered Mail (if applicable)

Feliz Guerrero 5/29/07 2:37 PM


Comment [135]: See also Rule 122, sec.
1(b); Rule 45, sec. 4

Feliz Guerrero 5/29/07 2:39 PM


Comment [136]: Rule 45, sec. 2

Feliz Guerrero 5/29/07 2:39 PM


Comment [137]: Rule 13, section 13

71