Beda Red Notes Legal Forms

LEGALETHICS &
PRACTICAL EXERCISES
2005 CENTRALIZED BAR OPERATIONS
MOST FREQUENTLY ASKED BAR QUESTIONS
CONTRACTS OR AGREEMENTS
CONTRACT OF LEASE (1976, 1987, 1988, 1996, 1998)

Question No. 1:
Prepare a contract of lease of an apartment unit for P5,000.00 a month between Mr. Jesus Santos as
lessor and Mrs. Olivia Palpallatoc as lessee, for a period of twenty four (24) months. Supply the other facts
required in a contract of lease. Include an acknowledgment.
Answer:
CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS:
For and in consideration of the prestations and agreements hereunder stated, JESUS SANTOS, Filipino citizen,
residing at No. 40 Limon Street, Quezon City, hereinafter referred to as the LESSOR hereby LETS and LEASES unto Mrs.
OLIVIA PALPALLATOC, Filipino citizen, married to Juan Palpallatoc, resident of No. 40, Kitanlad, Quezon City, and
hereinafter referred to as the LESSEE, that apartment unit located at No. 20 Kitanlad, Quezon City, covered by TCT No.
14789 of the Registry of Deeds, Quezon City, of which the LESSOR is the registered owner.
1. The term of the lease shall be twenty-four (24) months starting from the date of execution of this instrument,
without any extension or renewal;
2. The rentals shall be P5,000.00 a month, payable within the first 10 days of each ensuing month;
3. In addition, the LESSEE shall deposit the amount equivalent to two (2) months rent to answer for whatever
damages that may be caused to the leased premises, ordinary wear and tear excepted;
4. That the LESSEE shall use the said apartment for residential purposes only.
5. The LESSEE shall not sublease the premises without the written consent of the LESSOR, and neither shall
she assign her leasehold rights without such consent of the LESSOR;
6. Expenses for water, electricity, gas and telephone charges shall be for the account of the LESSEE;
7. Any improvements introduced by the LESSEE on the leased premises shall become property of the LESSOR
upon the termination the lease, without right of reimbursement from the latter;
8. At the termination of the lease, the LESSEE shall peaceably surrender the leased premises to the LESSOR
without any demand, oral or written.
IN WITNESS WHEREOF, the parties have signed this instrument at Quezon City, Philippines, on this 30 th day of
September, 2004.
JESUS SANTOS OLIVIA PALPALLATOC

Lessor Lessee
With my marital consent:

Husband
Signed in the presence of:

EXERCISES
RED NOTES IN PRACTICAL
ROBERT CHAVEZ CHRISTIAN ONG

Witness Witness
REPUBLIC OF THE PHILIPPINES)
QUEZON CITY ) S.S.
ACKNOWLEDGMENT
63
San Beda College of Law
LEGAL ETHICS &
PRACTICAL EXERCISES
CHATTEL MORTGAGE (1999, 1997)

Question No. 2:
Document a chattel mortgage covering a motor vehicle.
Answer:
CHATTEL MORTGAGE
That I, Wendy Dayandayan, of legal age, married and resident of the City of Manila for and in consideration of the
loan of FIFTY THOUSAND PESOS (P50,000.00), Philippine Currency, granted to me by Rem Tugadi, likewise of legal
age, married and resident of the City of Manila, to be paid one year after date with 6% interest per annum from date
hereof, have transferred and conveyed by way of chattel mortgage unto said Rem Tugadi, his heirs, successors and
assigns, free from all liens and encumbrances, that certain motor vehicle at present in my possession in my
aforementioned address, more particularly described as follows:
(Description of motor vehichle)
of which I am the true and absolute owner, my title thereto being evidenced by Registration Certificate of Motor Vehicle
issued in my name by the Land Transportation Office, Quezon City on January 10, 2002.
This chattel mortgage is being executed in order to secure the full and faithful payment of the aforementioned
obligation in accordance with the terms and conditions of this instrument. The condition of this mortgage is such that if the
said MORTGAGOR, his heirs, executors, or administrators shall well and truly perform the full obligation above stated,
then this contract shall become null and void; otherwise, it shall continue to be in full force and effect and may be
foreclosed in accordance with law.
IN WITNESS WHEREOF, I have hereunto set my hand on this instrument, in the City of Manila, this 28 th day of
September 2003.
WENDY DAYANDAYAN
(Mortgagor)
CATHERINE BULSECO RICA DURAN
ACKNOWLEDGMENT
AFFIDAVIT OF GOOD FAITH
We, the undersigned MORTGAGOR and MORTGAGEE, severally swear that the foregoing chattel mortgage is
made and executed for the purpose of securing the obligation specified therein, and for no other purpose, and that the
same is a just and valid obligation, and one not entered into for the purposes of fraud.
WENDY DAYANDAYAN REM TUGADI

(Mortgagor) (Mortgagee)
SAN BEDA COLLEGE OF
JURAT
LAW
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LEGALETHICS &
PRACTICAL EXERCISES
DEED OF SALE OF REAL PROPERTY (1979, 1983, 1984, 1989, 1991)

Question No. 3:
Harry Dy, married to Margaret Dy, sold their parcel of land located in Ayala Heights, Quezon City to
Stephanie Uy for the amount of P5,000,000.00. The land is more particularly described in Transfer Certificate of
Title No. 45678 in the Registry of Deeds of Quezon City. The parties agreed that all expenses for taxes,
registration, transfer and association dues are for the account of Stephanie Uy. Prepare the contract of sale. Use
a fictitious name for the notary public.
Answer:
DEED OF ABSOLUTE SALE OF REAL PROPERTY
For and in consideration of the sum of FIVE MILLION PESOS (P5,000,000.00), Philippine currency, receipt of
which is hereby acknowledged, I, HARRY DY, married to MARGARET DY, Fiipino citizen, of legal age, and resident of No.
12 San Andres, Manila, hereinafter known as VENDOR, hereby SELL, TRANSFER AND CONVEY unto STEPHANIE UY,
widow, Filipino citizen, of legal age and resident of 15 CM Recto Street, Quezon City, hereinafter known as VENDEE, that
certain parcel of land located at Ayala Heights, Quezon City, with an area of 500 square meters, more or less, covered by
Transfer Certificate of Title No. 341342 of the Registry of Deeds of Quezon City, free from all liens and encumbrances.
The VENDEE undertakes to pay all taxes, registration, transfer fees, village association dues, and all other expenses
attendant to the registration of this deed and transfer of the property in her name.
IN WITNESS WHEREOF, we have hereunto signed this deed of absolute sale in Quezon City on this 29 th day of
September 2002.
HARRY DY STEPHANIE UY
Vendor Vendee
With my Marital Consent:

(Sgd) MARGARET DY
HEART EVANGELISTA ANNE CURTIS
ACKNOWLEDGMENT
EXERCISES
63
LEGAL ETHICS &
PRACTICAL EXERCISES
RELEASE AND WAIVER (1987)

Question No. 4:
Your client Brandy Pitt was the victim of a hit and run car owned by Sharon Olba and driven by Jenny
Aniston. After you had taken the steps to file the required court actions against Sharon Olba and the driver, your
client was convinced by the car owner to accept a sum of money by way of settlement. Since the amount offered
was fair and reasonably covered all the expenses incurred, your client accepted the offer. Prepare the document
of Release and Waiver that in your opinion will best protect the interest of your client, the victim, and will likewise
be legally sufficient and acceptable to the car owner and his driver.
Answer:
RELEASE AND WAIVER
I, Brandy Pitt, Filipino citizen, of legal age and resident of 7 Kitanlad, Quezon city, after having been duly sworn in
accordance with law hereby state:
1. That as a result of a motor vehicle accident which occurred on November 1, 1987 in Quezon City, when I was hit
by a car driven by Jenny Aniston and owned by Sharon Olba, I filed a criminal and civil complaint against both
Jenny Aniston and Sharon Olba in the Regional Trial Court of Quezon City;
2. That after verifying the facts, I realized that said Jenny Aniston was not altogether reckless in driving said vehicle;
3. That in order to settle the case amicably and since the owner of the car Sharon Olba had offered to pay the sum
of P10,000 for all the medical expenses and the losses that I sustained, which I hereby acknowledge, I am
withdrawing my complaint in both civil and criminal cases filed in the Regional Trial Court of Quezon City (Civil
Case No. 497 and Criminal Case no. 5179);
4. That by virtue thereof, I hereby waive any and all claims, criminal or civil, against said person, and further release
and discharge them from any and all liability.
IN WITNESS WHEREOF, I have hereunto set my signature this 27 th day of November, 1987.
Quezon City, November 29, 1987.
BRANDY PITT
SAN BEDA COLLEGE OF
LAW
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LEGAL
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PRACTICAL EXERCISES
JURAT
SPECIAL POWER OF ATTORNEY (1986, 1992)

Question No. 5:
Prepare a special power of attorney for Mr. John Cruz, Filipino, married and a resident of Jolo, Sulu,
empowering Bea Lucero, Filipino, married and a resident of No. 5 Santolan Street, Quezon City, to collect for one
year starting March 1, 1987 Mr. Cruz’s pension checks from the Social Security System, SSS Building, Quezon
City, and to encash and pay the proceeds of the pension checks to Blue Chips Corporation, with offices at
Quezon Circle, Diliman, Quezon City, until the full amount of P12,000.00 has been paid.
Answer:
SPECIAL POWER OF ATTORNEY
That I, JOHN CRUZ, of legal age, Filipino, married and a resident of Jolo, Sulu have named, constituted and
appointed and by these presents, do hereby name, constitute and appoint BEA LUCERO, of legal age, Filipino, married
and a resident of No. 5, Santolan Street, Quezon City , to be my true and lawful attorney-in-fact, for me and in my name,
place and stead, do and perform the following:
1. To collect for the next 12 months, starting March 1, 1987, my pension checks from the Social Security System,
SSS Building, Quezon City;
2. To encash the said checks and pay the proceeds thereof to Blue Chips Corporation, located at Quezon Circle,
Diliman, Quezon City, until the full amount of P12,000 is fully paid to the latter.
Hereby giving and granting unto my said attorney-in-fact power and authority to do every act necessary and
requisite in connection with the foregoing premises, hereby ratifying and confirming all that he may do by virtue of these
presents.
IN WITNESS WHEREOF, I have hereunto set my signature this 1st day of March, 1987.
JOHN CRUZ
MIKE ARROYO GLORIA RAMOS
ACKNOWLEDGMENT
EXERCISES
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LEGAL ETHICS &
PRACTICAL EXERCISES
WILLS AND TESTAMENT
HOLOGRAPHIC WILL (1986, 1988)

Question No. 6:
You are Paolo Bondoc, a resident of Vigan, Ilocos Sur. Prepare a simple Holographic Will disposing of all
your properties, whether real, or personal, or mixed, in favor of your wife Nina Bondoc and your two children,
Jimmy Bondoc and Kyla Bondoc.
Answer:
 NOTE: The following sample of holographic will should be understood as entirely handwritten, dated and signed.
In the name of God, Amen.
I, Paolo Bondoc, resident of Vigan, Ilocos Sur, sixty years of age, and of a sound and disposing mind, hereby
declared this to be my last will and testament;
1. I give and devise to my children, Jimmy Bondoc and Kyla Bondoc, pro indiviso, my fishpond in Malabon City
and covered by Certificate of Title No. 4572842, of the Register of Deeds of the City of Malabon;
2. The net residue of my estate, real and personal, after payment of just debts, I give, bequest and devise to my
wife, Nina Bondoc.
Vigan, Ilocos Sur, December 3, 1986.
Paolo Bondoc
SAN BEDA COLLEGE OF
LAW
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LEGAL
ETHICS &
PRACTICAL EXERCISES
PETITION FOR PROBATE OF THE HOLOGRAPHIC WILL (1988)

Question No. 7:
Draft a petition for the probate of Don Mando Paquiao’s will.
Answer:
REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch I, Manila
SP. Proceedings No. 1
IN RE: PETITION FOR THE PROBATE OF THE HOLOGRAPHIC WILL OF MANDO PAQUIAO,
MELDA PAQUIAO, PETITIONER
COMES NOW, the petitioner through undersigned counsel, and to this Honorable Court respectfully alleges:
1. That petitioner is a Filipino citizen, residing at No. 4 Taft Avenue, Manila and the widow of the deceased MANDO
PAQUIAO;
2. That on December 1, 1987, MANDO PAQUIAO died in Manila, where he last resided;
3. That on September 30, 1987 he executed a holographic will in his own handwriting in English, a language known to
him. A copy of said holographic will is hereto attached as Annex “A”, as his last will and testament;
4. That said will can be attested to as the handwriting of the testator by Crisha Pagat, who was her private secretary for a
period of 17 years;
5. That the deceased left only two properties namely a lot and house located at Taft Avenue and an apartment located at
Remedios Street, Manila;
6. That he left as his only heirs the herein petitioner as his widow and his son Casimiro both of whom are residing at No. 4
Taft Avenue, Manila;
7. That the deceased left no debts.
WHEREFORE, it is respectfully prayed that after due notice and publication this Honorable Court fix the date for
the probate of said holographic will and that letters of administration be issued in favor of the herein petitioner and
thereafter the properties of the deceased be adjudicated in accordance with the said holographic will.
Manila, January 7, 1988.
RAPHAEL VILLEGAS
Counsel for the Petitioner
123 Corazon Bldg., Manila
IBP No. 112098; 1/2/1988; Manila
PTR No. 042979; 1/5/1988; Manila
EXERCISES
Roll of Attorneys No. 12344
VERIFICATION
CERTIFICATION OF NON-FORUM SHOPPING
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LEGAL ETHICS &
PRACTICAL EXERCISES
NEGOTIABLE INSTRUMENTS
PROMISSORY NOTE (1991, 1994)

Question No. 8:
Carlo Rosales asks you to prepare a negotiable promissory note wherein the promissor, Vivian Castro,
binds herself to pay a loan of P50,000.00 in five (5) equal monthly installments commencing on October 1994,
payable not later than the 20 th day of each month, with interest at ten percent (10%) per annum. He wants you to
include an acceleration clause, and stipulations regarding attorney’s fees of P5,000.00 in the event of suit to
enforce the note and on venue of action which shall only be in the appropriate court in Cebu City. Prepare the
requested promissory note.
Answer:
October 1, 1994
P50,000.00 Cebu City, Philippines
I, Vivian Castro, Filipino citizen, of legal age and resident of Manila promise to pay Carlo Rosales or order the
sum of P50,000.00 in five equal monthly installments commencing on October 1, 1994, payable not later than the 20 th day
of each month, with compounded interest at ten percent (10%) per annum; that in the event that I fail to pay any of the
monthly payments, the entire balance shall immediately become due and payable; and that in the event of a suit to
enforce the promissory note, I promise to pay P5,000.00 as attorney’s fees; and that said action shall be filed in an
appropriate court in Cebu City.
VIVIAN CASTRO
(Maker)
SAN BEDA COLLEGE OF
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LEGAL
ETHICS &
PRACTICAL EXERCISES
PLEADINGS AND MOTIONS
ANSWER (1976, 1984)

Question No. 9:
Prepare an answer to a complaint denying the genuineness and due execution of the document upon
which the cause of action in the complaint was based.
Answer:

Branch 1, Manila
RICKY MARTIN,
Plaintiff,
- versus -
BRITNEY AGUILLERA,
Defendant.
x ---------------------------------------------- x
ANSWER
COMES NOW defendant, by the undersigned Counsel, and answering the plaintiff’s complaint, respectfully
alleges:
That defendant, BRITNEY AGUILLERA, specifically denies under oath the genuineness and due execution of the
document, marked as Annex “A” in the complaint, the truth being that the signature therein is not hers.
Manila, April 20, 1984.
LAWRENCE VILLEGAS
Attorney for the Defendant
XYZ Building, Manila
IBP No. 12345; 1/3/1984; Manila
PTR No.61879; 2/2/1984, Manila
VERIFICATION
I, Britney Aguillera, subscribing under oath, hereby depose and state that:
I am the defendant in the instant case.
I have read the foregoing Answer and the allegations therein are true and correct of my own knowledge and
based on authentic records on hand.
EXERCISES
BRITNEY AGUILLERA
JURAT
Note: Copy furnished.
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LEGAL ETHICS &
PRACTICAL EXERCISES
MOTION FOR EXTENSION OF TIME TO FILE AN ANSWER (2002)

Question No. 10:
Prepare a motion for extension of time to file an answer to a complaint in the Regional Trial Court, Branch
3, Manila. For purposes of this pleading, your name is Pedro Cruz. Supply the other hypothetical data. Omit proof
of service and notice of hearing.
Answer:

Branch 3, Manila
JUAN DE LA CRUZ,
Plaintiff,
- versus - CIVIL CASE NO. 12345
PEDRO DE GUZMAN,
Defendant.
x ---------------------------------------------- x
MOTION FOR EXTENSION OF TIME TO FILE AN ANSWER
PLAINTIFF, through undersigned counsel, to this Honorable Court respectfully alleges:
1. That defendant was served with summons and a copy of the complaint on September 19, 2002 and consequently,
has only up to October 4, 2002 within which to file an Answer;
2. That the undersigned counsel has started to prepare the Answer but, unfortunately, due to pressure of work n
attending to other equally important cases; he will need additional period of 15 days from October 4, 2002, to
complete and file the same;
3. That, this motion is being filed solely for the foregoing reason and not for purposes of delay.
WHEREFORE, it is respectfully prayed that defendant be given an extension of 15 days from October 4, 2002
within which to file an Answer to the Complaint.
Manila, September 21, 2002.
PEDRO CRUZ
Counsel for the Defendant
IBP No. 12345; 1/3/1984; Manila
SAN BEDA COLLEGE OF
PTR No.61879; 2/2/1984, Manila

LAW
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LEGAL
ETHICS &
PRACTICAL EXERCISES
NOTICE OF PRE-TRIAL CONFERENCE (1995)

Question No. 11:
Draft a notice of pre-trial conference.
Answer:

Branch VII, Manila
JASMINE VISTAN,
Plaintiff,
- versus - Civil Case No. C-1774
CATS MONTREAL,
Defendant.
x ---------------------------------------- x
ORDER
Issues being joined in this case, the Pre-Trial Conference under Section 1, Rule 20 of the Rules of Court, in
relation to Circular No. 1-89 of the Supreme Court, is set for October 30, 1995, at 8:30 a.m.
Counsels are instructed to notify their respective clients.
Counsels are also reminded of the mandatory filing of Pre-Trial Briefs at least 3 days before the Pre-Trial date.
SO ORDERED.
Given this 24th day of September, 1995 at the City of Manila, Metro Manila.
MALOU SAPALO
Judge
Copy furnished:
1. Villanueva, Pineda and Marasigan Law Offices

Suite 303, Pacia Complex
Binondo, Manila
2. Bulseco, Duran and Tugadi Law Offices

Rm. 777, Marilag Condominium
Mandaluyong City, Metro Manila
EXERCISES
63
LEGAL ETHICS &
PRACTICAL EXERCISES
ENTRY OF APPEARANCE (2002)

Question No. 12:
Jose Malinlang is accused of estafa upon complaint of Joyce Mapagbigay. The case is pending before the
Regional Trial Court, Branch 1, Manila, where it is docketed as Criminal Case No. 5430. Joyce engages your
services as a private prosecutor. File your formal entry of appearance. For purposes of this pleading, your name
is Pedro Cruz.
Answer:

Branch 7, Manila
PEOPLE OF THE PHILIPPINES,

Plaintiff,
- versus - Criminal Case No. 102078
JOSE MALINLANG, For: ESTAFA

Accused.
x ----------------------------------------------- x
The Clerk of Court

Regional Trial Court
Branch 7, Manila
Kindly enter the appearance of the undersigned as Private Prosecutor in the above-entitled case, under the
supervision and control of the Public Prosecutor, with the conformity of the complainant Joyce Mapagbigay, as shown
below.
Accordingly, it is respectfully prayed that the undersigned be furnished copies of all pleadings, orders, and notices
relative to the instant case at its address indicated below.
Manila, Philippines, September 22, 2005.
PEDRO CRUZ
Counsel for the Complainant
Address: _________________
CONFORME:
JOYCE MAPAGBIGAY
Complainant
SAN BEDA COLLEGE OF
Copies Furnished by personal delivery:
The City Prosecutor

Manila
Atty.____________________
Counsel of the Accused
(address)
LAW
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LEGAL
ETHICS &
PRACTICAL EXERCISES
MOTION TO QUASH (1976, 1986, 1988, 1990)

Question No. 13:
The prosecutor charged Anthony Tabbios with violating a city ordinance before the Regional Trial Court
(RTC) of Manila, Branch 47. Anthony Tabbios’s lawyer, Atty. Lawrence Quicho, seeks to quash the information on
the ground that the RTC has no jurisdiction over the offense charged.
Prepare a motion to quash.
Answer:

Branch 47, Manila

Plaintiff,
- versus - Criminal Case No. 102078
Anthony Tabbios, Violation of City Ordinance

Defendant. No. 5
x ----------------------------------------------- x
MOTION TO QUASH
COMES NOW the Accused, through undersigned counsel, and to this Honorable Court, respectfully moves to
quash the information filed by the Fiscal of Manila on the ground that:
THIS HONORABLE COURT HAS NO JURISDICTION OF THE CASE.
ARGUMENT
City Ordinance No. 5 imposes a maximum penalty of six (6) months imprisonment and P1,000.00 fine which is
within the exclusive jurisdiction of the City Court of Manila. Hence, this Court has no jurisdiction over the instant case.
WHEREFORE, it is respectfully prayed that the information be quashed and the Accused be released immediately
from detention.
Manila, Philippines, October 1, 1990.
LAWRENCE QUICHO
Counsel for the Accused
IBP No. 61879; 1/2/1990; Manila
PTR No. 112098; 2/2/1990; Manila
NOTICE OF HEARING
EXERCISES
The Clerk of Court

Regional Trial Court of Manila
Branch 47
Please set the foregoing Motion to Quash for hearing on Friday, October 5, 1990 at 9:00 a.m. or as soon as
counsel may be heard.
RICHARD REYES
Counsel for the Accused
BP No. 61879; 1/2/1990; Manila
PTR No. 112098; 2/2/1990; Manila
Copy Furnished: (3 days before hearing)

City Prosecutor
City Hall, Manila
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LEGAL ETHICS &
PRACTICAL EXERCISES
MOTION TO DISMISS (1988, 2002)

Question No. 14:
Prepare a motion to dismiss an action for a sum of money in the RTC Branch 1, Quezon City on the
ground of improper venue. Supply the other hypothetical facts and use Pedro Cruz as your name.
Answer:

Branch 1, Quezon City
JUAN DE LA CRUZ,
Plaintiff,
- versus - Civil Case No. 102078
PEDRO PATERNO, For: Sum of Money Defendant.
x ----------------------------------------------- x
MOTION TO DISMISS
NOW COMES Defendant, by his undersigned attorney, and to this Honorable Court respectfully moves that the
complaint be dismissed on the ground that VENUE HAS BEEN IMPROPERLY LAID.
ARGUMENT
The Rules of Court provides that a complaint in a civil case cognizable by the Regional Trial Court should be filed
in the RTC of the place where the plaintiff or the defendant resides, at the option of the plaintiff. The complaint in the
above-entitled case expressly alleges that the plaintiff is a resident of Makati City while the defendant is a resident of
Caloocan City. Hence, venue has been improperly laid.
PRAYER
WHEREFORE, it is respectfully prayed that the complaint be dismissed.
Quezon City, Philippines, September 16, 2002.
PEDRO CRUZ
(Attorney for Defendant)
__________________________
(Address)
SAN BEDA COLLEGE OF
Roll of Attorneys No. _____

PTR No. ______; [date issued][place issued]
IBP No. ______; [date issued][Chapter]
Atty. Purisima (By personal service)

Counsel for the Plaintiff
(address)
Madame:
Please be notified that on October 11, 2002 at 8:30 a.m. or as soon thereafter as the matter may be heard, the
undersigned counsel will submit the foregoing motion to the Honorable Court for its consideration and resolution.
PEDRO CRUZ
LAW
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LEGAL
ETHICS &
PRACTICAL EXERCISES
ADMISSION OF SATISFACTION OF JUDGMENT (1986)

Question No. 15:
You won a damage claim for your plaintiff client, Beth Pagaling, before the Regional Trial Court of Makati
which awarded her a total of P300,000.00 in damages in a decision dated November 21, 1986. Today, defendant
Jen Lim delivers a manager’s check payable to the order of your client in the amount of P300,000.00 and insists
that the court be advised immediately. Beth Pagaling and Jen Lim show up at your house and you are requested
to prepare the proper pleading so that Jen Lim can get a signed copy right away. Prepare the appropriate
pleading.
Answer:
(Caption and title)
ADMISSION OF SATISFACTION OF JUDGMENT
Plaintiff, by counsel, respectfully alleges that:
1. On November 21, 1986 judgment was rendered ordering defendant to pay plaintiff P300,000.00 in damages;
2. On November 30, 1986, defendant fully satisfied the aforementioned judgment by tendering, and the plaintiff accepting,
the sum adjudged against him;
WHEREFORE, in view of the payment and acceptance, plaintiff executes this Admission and prays that
satisfaction of judgment in the instant case be noted and entered by the clerk in his docket.
Quezon City, November 30, 1986
SHARON OLBA
Counsel for Plaintiff
Rockwell, Makati City
PTR No. 11111; 1/2/1986; Makati City
IBP NO. 22222; 2/2;1986; Makati City
Copy furnished:
RICA DURAN
Ayala Ave., Makati City
EXERCISES
63
LEGAL ETHICS &
PRACTICAL EXERCISES
MOTION FOR SUPPORT PENDENTE LITE (2001)

Question No. 16:
Draft a motion for support pendente lite to be filed in your client’s pending case in the Regional Trial
Court of Pasay City.
Answer:

Branch 1, Pasay City
WIFE,
Plaintiff,
HUSBAND,
Defendant.
x ----------------------------------------------- x
MOTION TO FOR SUPPORT PENDENTE LITE
Plaintiff through counsel, respectfully states that:
1. On 01 June 2001, plaintiff filed the complaint in the above case praying, among others, that defendant be ordered
to give plaintiff a monthly support.
2. As alleged in the complaint, defendant and plaintiff are husband and wife, having been legally married on 08
December 1996 at the Our Lady of Sorrows Church, Pasay City. A certified true copy of their marriage contract is
hereto attached a Annex “A”, hereof.
3. As also alleged in the complaint, defendant has abandoned the conjugal home on 24 January 1998 without
justifiable cause or reason, and since then defendant has failed to give any support to the plaintiff.
4. The plaintiff is without any source of income as shown by her affidavit attached hereto as Annex “B” hereof,
whereas the defendant is a medical doctor actively engaged in the practice of his profession with an average
monthly income of P80,000.00 more or less.
5. Considering the present prices of essential commodities, plaintiff needs a monthly allowance and support of
P15,000.00 for her sustenance during the pendency of the instant case.
WHEREFORE, it is most respectfully prayed of this Honorable Court that the defendant be ordered to give the plaintiff
a monthly support pendente lite of P15,000.00 to be paid at plaintiffs residence on or before the 10 th day of each month.
Place, Date.
Atty. D
SAN BEDA COLLEGE OF

Roll of Attorneys No. _____
PTR No. ______; [date issued][place issued]
IBP No. ______; [date issued][Chapter]
(Notice of Hearing)
Atty. A
(Address)
Sir:
Please take note that on ______________, 2001 at ____ a.m., the undersigned counsel will submit the foregoing
motion to the Honorable Court for its consideration and resolution.
LAW
Atty. D
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LEGAL
ETHICS &
PRACTICAL EXERCISES
PROVISIONAL REMEDIES
COMPLAINT FOR REPLEVIN (1979, 1986)

Question No. 17:
Mr. Gene Alfajaro, General Manager of Avis Rent-A-Car (Philippines), Inc., with offices at 311 P. Casal
Street, Quiapo, Manila, entered into a contract for the company whereby a car, Lancer Model 1984 valued at
P290,000.00 with Plate No. DAY-203, was rented out for the week of October 11 to 18, 1986 to Mr. John Doe, an
American who had indicated that he resides at Room 1024 of the Manila Hotel. The car was not returned by the
latter on the date agreed upon. Prepare the verified complaint for replevin. Sign as Atty. Asunto.
Answer:

Branch I, Manila
Avis Rent-A-Car (Philippines), Inc.,

Plaintiff,
JOHN DOE, For: Replevin

Defendant.
x--------------------------------x
COMPLAINT
COMES NOW, the Plaintiff, through the undersigned counsel, and to this Honorable Court alleges:
1. That Plaintiff is a domestic corporation existing under the laws of the Philippines, with offices at 311 P. Casal
St., Quiapo, Manila, while defendant is an American citizen, residing at Room 1024, Manila Hotel, where he may be
served with Summons;
2. That plaintiff is the registered owner of a motor vehicle described as a Mitsubishi Lancer, model 1984, with
Plate No. DAY-203;
3. That on October 11, 1986, defendant rented from plaintiff said Lancer car for a week from October 11 to 18,
1986;
4. That on October 20, 1986, and for the next three (3) days thereafter, plaintiff demanded from defendant the
return of the said car; but defendant avoided returning the car by giving one reason or another;
5. That said car has not been taken for a tax assessment or fine pursuant to law, or seized on execution or
attached;
6. That the value of the said car is P290,000;

EXERCISES
7. That plaintiff is ready and willing to give bond executed to the defendant in double the value of the property for
the return of the property to the defendant should be adjudged, or for the payment of such sum that defendant may
recover from plaintiff in the action.
WHEREFORE, plaintiff prays that:

1. The sheriff or other proper officer be ordered to take possession of the car and dispose of it in accordance with
the Rules of Court;
2. After hearing, judgment be rendered declaring that plaintiff is entitled to the possession of the car or, should this
prove unavailing, sentencing defendant to pay the value of the car.
Manila, December 3, 1986.
ATTY. ASUNTO
IBP No. 12345; 1/3/1986;Manila
63
PTR No.61879; 2/2/1986; Manila
LEGAL ETHICS &
PRACTICAL EXERCISES
VERIFICATION
CERTIFICATE OF NON-FORUM SHOPPING
JURAT
AFFIDAVIT FOR REPLEVIN
SPECIAL CIVIL ACTIONS
COMPLAINT FOR EJECTMENT (1976, 1982, 1983, 1984, 1985, 1993, 1994, 1996, 1997, 2000)
Question No. 18:
The lease contract between Tom Cruise and Katie Holmes having expired as of June 30, 2004, Tom
Cruise, the lessor, retained your services as a lawyer to file the appropriate legal action against Katie Holmes, the
lessee, for failure of the latter to vacate the leased premises despite repeated demands. Prepare the complaint
for ejectment.
Answer:

METROPOLITAN TRIAL COURT
Branch III, Quezon City
TOM CRUISE,
Plaintiff,
KATIE HOLMES, For: Ejectment

Defendant.
x ----------------------------------x
COMPLAINT
COMES NOW, the Plaintiff in the above-entitled case, through counsel, and to this Honorable Court alleges:
1. That plaintiff is of age, married and residing at No. 80 Agno Street, Quezon City, while defendant is likewise of
age, married and residing at No. 100 Agno Street, Quezon City, where he may be served with summons;
2. That plaintiff is the owner of a semi-concrete bungalow located at No. 100 Agno Street, Quezon City;
3. That on June 10, 2001, plaintiff leased the said bungalow to the defendant for the next three (3) years at a
monthly rental of P1,000.00, payable within the first five days of each month, and that the lease contract thereon is hereto
attached as Annex “A”;
SAN BEDA COLLEGE OF
4. That since June 11, 2004, the lease contract had already expired and, despite repeated demands, defendant had
refused to vacate the premises and continues to occupy the same.
5. That written demand (Annex “B” hereof) to vacate and pay rentals in arrears was sent to and received by
defendant but despite said demand, he failed to vacate the same or pay said rentals.
WHEREFORE, it is respectfully prayed that judgment be rendered against the defendant ordering her:
1. To vacate the premises;
2. To pay the monthly sum of P1,000.00 beginning on June 11, 2004, with interest thereon at the legal rate until
fully paid, until the defendant vacates said premises;
3. To pay the sum of P2,000.00 as litigation expenses and attorney’s fees.
LAW
Quezon City, July 7, 1983.
LAWRENCE VILLEGAS
Attorney for the Plaintiff
XYZ Building, Quezon City
IBP No. 12345; 1/3/1983; Quezon City
PTR No.61879; 2/2/1983; Quezon City
62
LEGAL
ETHICS &
PRACTICAL EXERCISES
VERIFICATION
JURAT
CRIMINAL ACTIONS
INFORMATION FOR RAPE (1998, 2000, 2003)
Question No. 20:
Prepare an Information for rape of a 14-year old girl committed by the common-law spouse of her mother
warranting the imposition of the death penalty.
Answer:

Branch I, Manila

Plaintiff,
- versus - CRIM. CASE NO. 102098
MARTIN PARK, For: Rape

Defendant.
x ---------------------------------------------- x
INFORMATION
The undersigned Public Prosecutor for the City of Manila, hereby accuses MARTIN PARK of the crime of Rape
committed as follows, to wit:
That, on or about 10:00 p.m. of July 4, 2000, at his house in 26 Legaspi Street, Tondo, Manila, and within the
jurisdiction of this Honorable Court, the said accused, by means of repeated blows to the stomach which rendered the
victim unconscious, did then and there, willfully, unlawfully and feloniously, have carnal knowledge of Jasmine Bukid, who
was then a minor child, 14 years of age, and daughter of Jamaica Bukid, the common law spouse of the accused.
Contrary to law.
LAWRENCE VILLEGAS
Public Prosecutor
December 31, 2000
IBP No. 61879; 1/2/2000; Manila
EXERCISES
PTR No. 112098; 2/2/2000; Manila

CERTIFICATION
This is to certify that a preliminary investigation has been conducted in the above-entitled case, and that on the
basis of the evidence presented there is reasonable ground to believe that the offense charged has been committed and
the accused is probably guilty thereof.
LAWRENCE VILLEGAS.
Public Prosecutor 63
JURAT
LEGAL ETHICS &
PRACTICAL EXERCISES
SPECIAL PROCEEDINGS
PETITION FOR WRIT OF HABEAS CORPUS (1979, 1992)

Question No. 21:
Prepare a petition for habeas corpus on behalf of Major Vanilla who has been arrested by superior police
authorities and detained at the Police Sub-Station 5 of Quezon City since August 30, 1992 for participation in a
robbery with homicide case.
Answer:

Branch 1, Quezon City
IN THE MATTER OF THE

APPLICATION FOR HABEAS CORPUS
IN BEHALF OF MAJOR R. VANILLA
MARY VANILLA,
Petitioner,
- versus -
CHRISTIAN TUGADI
Superintendent, PHILIPPINE NATIONAL POLICE
Respondent.
x ---------------------------------------------------------------------- x
PETITION
COMES NOW the petitioner, by her undersigned counsel and to this Honorable Court respectfully states:
1. That petitioner of legal age, Filipino citizen, is the wife of Major R. VANILLA, residing at 177 Mayon, Quezon
City; that respondent is the incumbent Superintendent of the Philippine National Police, Quezon City with office at City
Hall, Quezon City, where he may be served with summons and other court processes;
2. That on August 30, 1992 Major R. Vanilla of the PNP, Quezon City while holding a gun was arrested by superior
police authorities for alleged participation in a robbery with homicide in Quezon City;
SAN BEDA COLLEGE OF
3. That since then and up to the present, Major R. Vanilla was detained at the Police Sub-Station 5, Quezon City,
without any formal charge filed against him;
4. That Major R. Vanilla had not participated in any alleged robbery with homicide; hence his arrest and detention
is without any lawful cause;
5. That Major R. Vanilla is restrained of his liberty without due process of law.
WHEREFORE, in view of the foregoing, it is respectfully prayed that this Honorable Court:
1. Order respondent and/or his agents to appear before this Honorable Court and produce Major R. Vanilla and
forthwith explain why he should not be released from detention immediately;
2. Declare his arrest and detention as invalid and unconstitutional.
LAW
Petitioner further prays for such other relief and remedy as this Honorable Court may deem just and equitable.
Quezon City, Philippines, September 26, 1992.
LAWRENCE VILLEGAS
Counsel for Petitioner
IBP No. 61879; 1/2/1992; Quezon City
PTR No. 112098; 2/2/1992; Quezon City
62
LEGAL
ETHICS &
PRACTICAL EXERCISES
VERIFICATION
I, Mary Vanilla, hereby deposes and states that:

I am the petitioner in the above-entitled case;
I have caused the filing of the petition and the contents thereof are true and correct of my own knowledge and
based on authentic records.
Quezon City, September 23, 1992.
MARY VANILLA
Petitioner
JURAT
SUBSCRIBED AND SWORN to before me this 26 th day of September, 1992 by MARY VANILLA, exhibiting to me
her Community Tax Certificate No. 12346 issued at Quezon City on January 4, 1992.
LAWRENCE VILLEGAS
Notary Public
Until December 31, 1992
PTR No. 61879; 1/2/1992;Q.C.
IBP No. 112098; 2/2/1992; Q.C.
Doc. No. 10;

Page No. 20;
Book No. V;
Series of 1992.
EXERCISES
63
LEGAL ETHICS &
PRACTICAL EXERCISES
2004 BAR EXAM QUESTIONS & ANSWERS
CRIMINAL INFORMATION; HOMICIDE
Question No. 1
Prepare a draft of a criminal information charging a person with the crime of homicide, complete with
caption and title and required certification re preliminary investigation. Do not use real names but supply all
facts needed.
Answer:

MANILA

Plaintiff,
- versus - CRIM. CASE No. 147215
For: Homicide
Boy Asunto,
Accused.
x ---------------------------------------------- x
INFORMATION
The undersigned Assistant City Prosecutor hereby accuses Boy Asunto of the crime of Homicide committed as
follows:
That on or about August 12, 2001, San Juan, Manila within the jurisdiction of this court, the said accused, armed
with a bladed weapon, with intent to kill, did then and there willfully, unlawfully and feloniously attack, assault and stab one
Artemio Co, thereby inflicting upon him a fatal wound which directly caused his death.
Contrary to law.
Manila, October 15 , 2001 .

JOHN PASCUAL
Provincial Fiscal
WITNESSES:
BLESILDA CRISTOBAL MARIANO BATUMBAKAL
SAN BEDA COLLEGE OF
CERTIFICATION
I hereby certify that a preliminary investigation was conducted in the above-entitled case, and there is prima facie
evidence that the crime of Homicide has been committed and that the accused is probably guilty thereof.
PATRICK SALONGA
City Prosecutor
Bail Recommended: None
ACKNOWLEDGMENT
LAW
Question No. 2
Prepare an acknowledgment of a deed of sale of a registered parcel of land, consisting of four pages
inclusive of the page where the acknowledgment appears. Supply fictitious names of the parties, the notary
public and details of the parties’ community tax certificates.
Answer:
ACKNOWLEDGMENT
62
LEGAL ETHICS &
PRACTICAL EXERCISES
PROVINCE OF _______________ S.S.

CITY/MUNICIPALITY OF _______
BEFORE ME, this 10 day of April, 2005 in the Municipality of Malolos, Province of Bulacan, Philippines, personally
appeared ABC and DEF, with Community Tax Certificate No. 25-02-003180 and 25-02-056170 issued by Municipaility of
Malolos, on June 4, 2004 and March 6, 2003, respectively, known to me to be the same persons who executed the
foregoing instrument, and who acknowledged to me that the same is their free act and deed.
This instrument, consisting of 4 pages, including the page on which this acknowledgment is written, has been
signed on the left margin of each and every page thereof by ABC and DEF and their witnesses, and sealed with my
notarial seal.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, on the day, year, and place
above written.
JUAN IGNACIO
Notary Public for Malolos, Bulacan
#57 Sto. Nino Malolos, Bulacan
Appointment No. 578 Until January 1, 2006
PTR No. 54217; [3/1/02][Manila City]
IBP No. 35654;[4/5/00][Bulacan Chapter]
Doc. No. 45;

Page No. 008;
Book No. 53;
Series of 2005.
VERIFICATION; NON –FORUM SHOPPING CERTIFICATION

Question No. 3
Prepare a draft of the verification and non-forum shopping certification.
Answer:
VERIFICATION
I, RAPHY GAYONA, subscribing under oath, hereby deposes and states that:
I am the plaintiff in the instant case.
I have read the foregoing Complaint and the allegations therein are true and correct of my own knowledge and/or
based on authentic records on hand.
I attest to the authenticity of the annexes thereof.
RAPHY GAYONA
CERTIFICATION
I certify that:
EXERCISES
a. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the
Court of Appeals, or different Divisions thereof, or any other tribunal or agency.
b. No such action or proceeding is pending in the Supreme Court, the Court of Appeals, or different Divisions
thereof, or any other tribunal or agency.
c. If I should learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the
Court of Appeals, or different Divisions thereof, or any other tribunal or agency, I hereby undertake to notify
this Honorable Court within five (5) days from such notice.
RAPHY GAYONA
63
LEGAL ETHICS &
PRACTICAL EXERCISES
NOTARIAL WILL; ATTESTATION CLAUSE

Question No. 4
Prepare a complete draft of an attestation clause of a notarial will.
Answer:
ATTESTATION CLAUSE
We, the undersigned attesting 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 on each 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 on each and every page thereof, on the left margin, in the presence of the testator and in
the presence of each and all of us.
__________________________ ______________________________________
(name and signature of witness) (residence)
__________________________ ______________________________________
__________________________ ______________________________________
SAN BEDA COLLEGE OF
LAW
62
LEGAL ETHICS &
PRACTICAL EXERCISES
 CHECKLIST OF REQUIREMENTS  V. JUDICIAL FORM (CTIBRAP)

1. Caption
2. Title
I. DEED (TAPCAPSA) 3. Introduction
1. Title 4. Body
2. Announcement 5. Relief
3. Party One 6. Attorney
7. Plus or addendum (such as verification, explanation,
4. Consideration
certification of non-forum shopping, copy furnished,
5. Act or Conveyance notice of hearing)
6. Party Two Note: The above pattern is available for all kinds of
7. Signature judicial pleadings and motions. You need only vary the
8. Acknowledgment contents and the plus portion.
COMPLAINT
II. CONTRACT (TAAWACSA)  The body of a complaint usually has two parts: the
1. Title identity of the parties and the cause of action (a
2. Announcement
3. Actors
statement of the right of the plaintiff and a statement of
4. Whereases defendant’s violation of such right)
5. Agreement Proper  PLUS: Proof of service and
6. Conditions or terms Explanation
7. Signatures Statement of copy furnished to the adverse party
8. Acknowledgment  If filing of a pleading or service of its copy on adverse
party is done by REGISTERED MAIL, another plus is
III. LAST WILL AND TESTAMENT the need to give an explanation why personal filing or
Note: It involves three actors making separate service could not be done.
statements, namely: the testator, the witness and the  DENIAL OF AN ACTIONABLE DOCUMENT
notary public. PLUS: Verification and Copy furnished
1. For the TESTATOR’s statement conveying the
estate to his heirs, use the format of the MOTION
ordinary deed.
 The body of a motion usually has two parts: the
2. The three WITNESSES make an “attestation”
ground for the motion and the argument.
as to number of pages of the will and the fact
 PLUS: Proof of Service and Explanation
that the testator signed the will and every page
of it in the presence of the witnesses, and that Statement of copy furnished to the adverse
the latter witnessed and signed the will and all party
its pages on the left margin in the presence of
the testator and of one another. INFORMATION (CTIBAP)
1. Caption
3. The NOTARY PUBLIC states in the
2. Title
acknowledgment that the testator and his 3. Introduction
witnesses acknowledged the will and its 4. Body
attestation before him. 5. Attorney
6. Plus or Addendum
IV. SWORN STATEMENT or Certification (mandatory)
List of witnesses
AFFIDAVIT (VT-POS-SJ)
Recommended amount of bail
1. Venue
2. Title
3. Person  The People of the Philippines is denominated as
EXERCISES
4. Oath plaintiff even if the person charged is called the

5. Statement accused.
6. Signature  The prosecutor omits the mention of the relief he
7. Jurat wants because the law prescribes penalties for
specific crimes.
63

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LEGALETHICS &

MOST FREQUENTLY ASKED BAR QUESTIONS

CONTRACT OF LEASE (1976, 1987, 1988, 1996, 1998)

KNOW ALL MEN BY THESE PRESENTS:

JESUS SANTOS OLIVIA PALPALLATOC

With my marital consent:

Signed in the presence of:

ROBERT CHAVEZ CHRISTIAN ONG

CHATTEL MORTGAGE (1999, 1997)

KNOW ALL MEN BY THESE PRESENTS:

(Description of motor vehichle)

CATHERINE BULSECO RICA DURAN

WENDY DAYANDAYAN REM TUGADI

DEED OF SALE OF REAL PROPERTY (1979, 1983, 1984, 1989, 1991)

KNOW ALL MEN BY THESE PRESENTS:

With my Marital Consent:

HEART EVANGELISTA ANNE CURTIS

RELEASE AND WAIVER (1987)

RELEASE AND WAIVER

SPECIAL POWER OF ATTORNEY (1986, 1992)

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

Signed in the presence of:

MIKE ARROYO GLORIA RAMOS

WILLS AND TESTAMENT

HOLOGRAPHIC WILL (1986, 1988)

In the name of God, Amen.

Vigan, Ilocos Sur, December 3, 1986.

PETITION FOR PROBATE OF THE HOLOGRAPHIC WILL (1988)

REPUBLIC OF THE PHILIPPINES

SP. Proceedings No. 1

7. That the deceased left no debts.

Manila, January 7, 1988.

Roll of Attorneys No. 12344

PROMISSORY NOTE (1991, 1994)

PLEADINGS AND MOTIONS

ANSWER (1976, 1984)

REPUBLIC OF THE PHILIPPINES

Manila, April 20, 1984.

I am the defendant in the instant case.

Note: Copy furnished.

MOTION FOR EXTENSION OF TIME TO FILE AN ANSWER (2002)

REPUBLIC OF THE PHILIPPINES

- versus - CIVIL CASE NO. 12345

MOTION FOR EXTENSION OF TIME TO FILE AN ANSWER

PLAINTIFF, through undersigned counsel, to this Honorable Court respectfully alleges:

Manila, September 21, 2002.

PTR No.61879; 2/2/1984, Manila

NOTICE OF PRE-TRIAL CONFERENCE (1995)

REPUBLIC OF THE PHILIPPINES

- versus - Civil Case No. C-1774

Counsels are instructed to notify their respective clients.

1. Villanueva, Pineda and Marasigan Law Offices

2. Bulseco, Duran and Tugadi Law Offices

ENTRY OF APPEARANCE (2002)

REPUBLIC OF THE PHILIPPINES

PEOPLE OF THE PHILIPPINES,

- versus - Criminal Case No. 102078

JOSE MALINLANG, For: ESTAFA

The Clerk of Court

Manila, Philippines, September 22, 2005.

Copies Furnished by personal delivery:

The City Prosecutor

MOTION TO QUASH (1976, 1986, 1988, 1990)