Beruflich Dokumente
Kultur Dokumente
Submitted by:
Atty. Nikki Magdalene Bellosillo
Atty. Michael Corralles
Atty. Peter dela Fuente
Atty. Victor Panlilio
Atty. Idesa Roxas
March 7, 2012
Table of Contents
Pleading
I.
II.
III.
IV.
V.
VI.
VII.SAMPLE
LEGAL OPINION.
Pag
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A,
Plaintiff,
Civil Case No. ___
For: Unlawful Detainer
Damages
- versus -
and
B,
Defendant.
x ----------------------------------- x
ANSWER
(with Negative, Special and Affirmative Defenses and Counter Claim)
Comes now defendant B, through counsel, unto this Honorable Court respectfully
represents that:
ADMISSIONS
Defendant admits the allegations contained in the following paragraphs of
the Complaint:
1. Paragraph 1, with respect to the personal circumstances of the parties.
2. Paragraph 2, only with respect to the allegation that the parties entered into
a lease contract over the building located at 123 Sampaloc, Manila (the
Subject Property), which expired on January 1, 2012.
3. Paragraph 3, only with respect to the allegation that Defendant was liable to
pay rent at the rate of Ten Thousand Pesos (P10,000.00) under the lease
contract which expired on January 1, 2012.
4. Paragraph 5, only with respect to the allegation that the lease contract
already expired, and that Defendant received the demand letter dated
January 10, 2012.
DENIALS AND DEFENSES
Defendant specifically denies the allegations contained in the following
paragraphs of the Complaint:
1. Paragraph 2, particularly with respect to the allegations that Plaintiff is the
owner and/or possessor of the Subject Property, that the Subject Property is
currently the subject of a lease contract, that Defendant is the lessee of the
Subject Property, and that Defendant is in possession of the Subject Property
in his capacity as lessee thereof, the truth being that there is presently no
valid and subsisting Contract of Lease since, as alleged by the Plaintiff, the
contract of lease between the parties over the Subject Property expired on
January 1, 2012. Meanwhile, on January 12, 2012, Defendant purchased the
Subject Property from Plaintiff and is presently the absolute owner and
lawful possessor thereof in the concept of an owner. A copy of the Receipt
duly issued by Plaintiff evidencing his receipt of the entire purchase price in
the amount of One Million Pesos (P1,000,000.00) on January 12, 2012 is
attached as ANNEX A and made an integral part hereof.
2.
I caused the preparation and filing of the foregoing Answer, the
contents/factual allegations of which are true and correct based on my own
personal knowledge and authentic records; and
3.
No other action or proceeding involving the same issues raised in
the counterclaims above has been commenced and/or pending with the
Supreme Court, Court of Appeals or any Division thereof, or any other
tribunal or agency, and that to be best of my knowledge, no such action or
proceeding is pending in the Supreme Court, Court of Appeals, different
divisions thereof, or any other tribunal or agency. If I should learn that a
similar action of proceeding has been filed or is pending in the Supreme
Court, Court of Appeals, or different divisions thereof, or any other tribunal
or agency, I shall notify or cause to notify this Honorable Court with five (5)
days from such notice.
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Copy furnished:
The Clerk of Court
RTC-Branch 2
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Kalibo, Aklan
Atty. Block Bee
Counsel for Defendant
Unit 311 Ateneo Law School Bldg.
Rockwell Center, Makati City
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By:
Block Bee
ATTY. BLOCK BEE
P.T.R. No. ******** 01/01/2012 Makati City
IBP O.R. No. ****** 01/01/2012 Makati City
MCLE No. III ******* 11/18/2008
Roll No. *****
TIN *** *** ***
REQUEST FOR & NOTICE OF HEARING
Atty. Jefferson Ferrer
Atty. Katherine Keh
Atty. Jannica Robles
Atty. Corinna Torrijos
Atty. Juan Miguel Tuason
Counsel for the Plaintiffs
Unit 3718, South Joyas Bldg.,
Rockwell Center, Makati City
Greetings!
Please take notice that the undersigned will submit the foregoing Motion to
Dismiss for the consideration and approval of the Honorable Court immediately
upon receipt hereof or as soon as the same may be heard upon prior notice, and
kindly include the same in the courts calendar for hearing on March 1, 2008 at
8:30 in the morning.
BLOCK BEE
Copy furnished through registered mail:
Atty. Jefferson Ferrer
Atty. Katherine Keh
Atty. Jannica Robles
Atty. Corinna Torrijos
Atty. Juan Miguel Tuason
Counsel for the Plaintiffs
Unit 3718, South Joyas Bldg.,
Rockwell Center, Makati City
EXPLANATION
The foregoing motion and its attachment were served on Attys. Jefferson
Ferrer, Katherine Keh, Jannica Robles, Corinna Torrijos and Juan Miguel Tuason 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.
BLOCK BEE
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2.
3.
4.
15
NOTICE
Atty. Block Bee
Unit 311 Ateneo Law School Bldg.
Rockwell Center, Makati City
Greetings!
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Due to its nature and urgency, please submit the foregoing Motion for
Extension of Time for the consideration and approval of the Honorable Court
immediately upon receipt hereof.
JEFF FERRER
KATHERINE KEH
JANNA ROBLES
CORINNA TORRIJOS
JUAN MIGUEL TUASON
EXPLANATION
Due to the distance between the office of the undersigned counsels and the
office of the Petitioners Counsel and the death of messenger, personal service of
this Motion for Extension of Time is impracticable, hence, service is hereby made
through registered mail.
JEFF FERRER
KATHERINE KEH
JANNA ROBLES
CORINNA TORRIJOS
JUAN MIGUEL TUASON
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12.In the light of the above-cited incident, it is evident that Lito Legaspi Y
Mullera alias Moro committed the crime of Rape under Art. 266-A of the
Revised Penal Code as provided in the Republic Act 8353.
13.Article 266-A of the Revised Penal Code states that : Rape is committed:
a. By a man who shall have carnal knowledge of a woman under any of
the following circumstances:
i. Through force, threat, or intimidation
ii. When the offended party is deprived of reason or otherwise
unconscious;
iii. By means of fraudulent machination or grave abuse of
authority; and
iv. When the offended party is under twelve (12) years of age or is
demented, even though none of the circumstances mentioned
above be present.
14.Lito Legaspi y Mullera, alias Moro committed all of the elements of the
crime of rape under the first paragraph of Article 266-A, thus:
a. He had carnal knowledge of me
b. He employed force, by pinning me down and forcefully inserting his
organ into mine.
15.In view of the foregoing, I am executing this affidavit in order to charge Lito
Legaspi Y Mullera of the crime of Rape under Article 266-A of the Revised
Penal Code as provided in Republic Act No. 8353. All the allegations in this
affidavit are based on the personal knowledge and experience of the
complainant.
CERTIFICATION
Subscribed and sworn to before me this 3rd day of October, 2004 in the City of
Mandaluyong. This is to certify that the affiant personally appeared before me and
verified that she executed this affidavit-complaint, has read the contents of the
same and that the contents thereof are true and correct of her own knowledge and
information based on the available records.
Flordeliza M. Silao
Office of the City Prosecutor
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Damages etc.
SPOUSES GREGORIO AND MARIA
LOURDES SAMSON, SPOUSES FEDERICO
AND RUTH- JARANTILLA,
PEARL OF BORACAY LANDHOLDINGS INC.,
(OWNER/ OPERATOR OF PEARL OF THE PACIFIC)
GREGORIO ALFREDO SANSON, MA. RITA GLORIA
T. SANSON, LEO MONTINOLA, THE PROVINCIAL
ASSESSOR OF KALIBO, AKLAN AND THE
MUNICIPAL ASSESOR OF MALAY, AKLAN
Defendants,
x----------------------------------------------------x
FORMAL OFFER OF EVIDENCE
Plaintiff, by counsel, respectfully submits its formal offer of documentary exhibits
in support of its prayer in the Complaint dated, January 15, 2008 for the
nullification of the deed of donation, reversion of property to the estate, recovery
of possession, cancellation of tax declaration, and damages.
EXHIBIT
S
Exhibit
A
Exhibit
B
Exhibit
DESCRIPTION
PURPOSE
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Exhibit
D
Exhibit
E
Exhibit
F
Exhibit
G
Exhibit
H
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______Florence Orange____________
ACKNOWLEDGMENT
Republic of the Philippines )
_________________________) S.S
BEFORE ME, personally appeared:
Name
Anna Banana
Avenue, Quezon City
Maria Papaya
Avenue, Quezon City
License No.
N25-12-000-178
N25-12-111-183
Known to me and to me known to be the same persons who executed the foregoing
instrument and acknowledged to me that the same is their free and voluntary act
and deed.
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WITNESS MY HAND AND SEAL, on the date and place first above written.
Notary Public
Doc. No.______;
Page No. ______;
Book No.______;
Series of 20___.
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_______Maria Papaya____________
(Agent /Attorney-In-Fact)
License No.
N25-12-000-178
N25-12-111-183
Known to me and to me known to be the same persons who executed the foregoing
instrument and acknowledged to me that the same is their free and voluntary act
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and deed.
WITNESS MY HAND AND SEAL, on the date and place first above written.
Notary Public
Doc. No.______;
Page No. ______;
Book No.______;
Series of 20___.
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Acknowledgment
Republic of the Philippines
City of Manila
)
) s.s.
BEFORE ME, this 27th day of February 2012 in the City of Manila,
Philippines, personally appeared JUANITA T. PELAEZ, with Valid Identification
Document (Drivers License No. N25-07-007777) issued by the official agency
(Land Transportation Office) on 10 January 2012, 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.
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JUANITA T. PELAEZ
Vendor
With my consent:
FILOMENO C. PELAEZ
Vendors Husband
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Acknowledgment
Republic of the Philippines
City of Manila
)
) s.s.
BEFORE ME, this 27th day of February 2012 in the City of Manila,
Philippines, personally appeared JUANITA T. PELAEZ, with Valid Identification
Document (Drivers License No. N25-07-007777) issued by the official agency
(Land Transportation Office) on 10 January 2012, 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.
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No. of Shares
350
450
200
Php 35,000.00
Php 45,000.00
Php 20,000.00
Pledgee may assign or transfer said Debt and the Collateral pledged
hereunder to any third party provided fifteen (15) days prior written notice
is given to Pledgor and Pledgor is given an opportunity to redeem and pay
the Debt within fifteen (15) days from notice.
2.
3.
During the term hereof and as long as there is no default, Pledgor shall have
full rights to vote said shares and be entitled to all dividends income, except
that stock dividends shall be pledged.
4.
During the pendency of this agreement, Pledgor shall not issue any proxy,
voting trust agreement or assignment of rights to the pledged shares.
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5.
Pledgor warrants and represents good title to the shares which are free from
liens and encumbrances or prior pledge with full authority to transfer said
shares as collateral security.
6.
7.
Pledgor understands that upon foreclosure the pledged shares may be sold
at public auction or public sale with right to receive reasonable prior written
notice of any said intended sale and with full rights to redeem said shares at
any time prior to said sale upon payment of the balance due, and accrued
costs of collection. In the event the shares shall be sold for less than the
amount then owing, Pledgor shall be liable for any deficiency.
8.
Upon payment of the debt, the shares shall be returned to Pledgor and this
pledge agreement shall be terminated.
9.
This pledge agreement shall be binding upon and inure to the benefit of the
parties, their successors, assigns and personal representatives.
10.
Upon default the Pledgor shall pay all reasonable attorneys' fees and cost of
collections.
11.
This Deed shall be governed and constructed in accordance with the laws of
the Philippines.
12.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
and place above specified.
PLEDGOR
PLEDGEE
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ACKNOWLEDGMENT
Republic of the Philippines
City of Manila
)
) s.s.
BEFORE ME, this 27th day of February 2012 in the City of Manila,
Philippines, personally appeared JUANITA T. PELAEZ, with Valid Identification
Document (Drivers License No. N25-07-007777) issued by the official agency
(Land Transportation Office) on 10 January 2012, 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.) ATTY. NOLI A.
TARIO
Notary Public
Until 2013
PTR No. 5099698
Issued at Manila,
Philippines
On January 10, 2012
Doc. No. 735
Page No. 147
Book No. II
Series of 2012
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ACKNOWLEDGMENT
)
) s.s.
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
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JURAT
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.
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FOR
THE
ACCUSED:
Atty. Carlos Garcia
Atty. George Matthew Habacon
Atty. Stefano Dong Chul Han
Atty. Gabrielle Ocampo
Atty. Cheska Pazziuagan
Atty. Maria Christina Rabonza
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28 February 2012
MR. JOEY PEPE SMITH
Email Address: pepesmith@sexdrugsrocknroll.com
Re:
Dear PEPE:
We respond to your query on whether you may seek the nullification of the
certificate of sale issued in favor of JUAN DELA CRUZ BANK (the BANK)
concerning a parcel of land that it had purchased at an extrajudicial foreclosure
sale.
Please note that our comments hereunder are based solely on the foregoing
facts and the information you provided us via telephone conversation.
We understand that you mortgaged a 500m 2 parcel of land located in
Novaliches, Quezon City to the BANK as security for a Php 1,000,000.00 loan
which the latter extended to you. Given that you were unable to comply with your
obligation to pay the loan, the BANK extrajudicially foreclosed on your property
and was the highest bidder at the ensuing sale. The certificate of sale contained
the following provision:
It is hereby required of said highest bidder that a statement of any amount
of assessment taxes which may have been paid on account of this purchase
and such other liens chargeable to the redemptioner, with proof thereof, be
submitted within thirty (30) days immediately preceding the expiration of
the period of redemption, furnishing [the Court] a copy thereof, as required
by law, for purposes of computing the actual amount payable by the
mortgagor/redemptioner in case of redemption.
You ask us whether the certificate of sale may be nullified because the BANK
failed to comply with the said provision. We submit that non-compliance with the
stipulation provided in the certificate of sale comes within the concept of a breach
of trust or misconduct a ground to annul the said certificate.
1. The applicable law
In our jurisdiction, the procedure governing extrajudicial foreclosure sales is
governed by Act No. 3135,1 which applies to sales made under a special power
inserted in or attached to any real estate mortgage made as security for the
payment of money or the fulfillment of any other obligation. 2 The law applies with
particularity to extrajudicial foreclosures made by banks. 3 With respect to
redemption of property sold at an extrajudicial sale, Section 6 of the Act provides:
1
2
An Act to Regulate the Sale of Property Under Special Powers Inserted in or Annexed to Real Estate
Mortgages, Act No. 3135, Section 1.
Id.
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Philippine Commercial International Bank v. Court of Appeals, 344 SCRA 596 (2000).
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10
Hi-Yield Realty, Inc. v. CA, G.R. No. 138978, September 12, 2002.
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Id.
12
13
Id.
14
Kho v. Court of Appeals, 203 SCRA 160 (1991); Veloso v. Intermediate Appellate Court, 205 SCRA
227 (1992).
Aclon v. Court of Appeals, 387 SCRA 415 (2002).
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