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BAR QUESTIONS FOR LEGAL ETHICS ON LEGAL FORMS

1990 – 1999

1990

1. Prepare a complaint for the collection of sum of money in behalf of your


client Jose Santos against Pedro Luz for the amount of P50,000.00 bases
on a promissory note. Omit caption and title and do not sign or use your
name as counsel. Use a fictitious name.

SUGGESTED ANSWER:

COMES NOW, the plaintiff JOSE SANTOS through the undersigned


counsel in the above-entitled case and to this Honorable Court respectfully
alleges;

1. That JOSE SANTOS is a Filipino citizen of legal age and married residing
at No. 3 Sta. Cruz St., Manila and that PEDRO LUZ, the defendant is a
Filipino citizen of legal age and residing at No. 10 Arlegul Street, Manila
where he may be served with summons;

2. That on August 1, 1990 PEDRO LUZ executed a promissory note in favor


of herein plaintiff in the amount of P50,000.00 payable within 30 days from
the date of the promissory note which reads as follows:

Manila Philippines
1 August 1990

(copy of the said promissory note is attached hereto and made an integral
part hereof as Annex “A”)

3. That the 30-day period has elapsed and despite demands orally and in
writing by the plaintiff, defendant refused and failed to pay the amount
stated in the promissory note.

4. That due to the unjust and unlawful refusal of defendant to comply with the
demands, plaintiff was compelled to file the instant action engaging the
services of counsel in the amount of P10,000.00.

WHEREFORE, it is respectfully prayed that after due trial judgment be rendered


against defendant to pay the sum of P50,000.00 plus interest and attorneys fees
and such other reliefs, this Honorable Court may deem just.

Manila, August 30, 1990

PETER YAN
Counsel for the Plaintiff
P.T.R No. 5983
Dated January 5, 1990
IBP O.R. No. 79890
January 5, 1990
562 Escolta, Manila
2. Prepare an answer as counsel for Pedro Luz denying the validity and due
execution of the promissory note and, if at all, alleging payment. Again
omit caption and title, and use fictitious name.

SUGGESTED ANSWER:

ANSWER

COMES NOW, the defendant in the above entitled case through


undersigned counsel and to this Honorable Court respectfully alleges;

1. That he admits paragraph 1 of the complaint;

2. That he denies the allegations in paragraphs 2 and 3 of the complaint as he


never signed any promissory note in favor of the plaintiff;

3. That he has no sufficient knowledge to form a belief as to the truth of the


allegations in paragraph 4 of the complaint and therefore denies them.

AS COUNTERCLAIM

4. That due to the filing of the entirely baseless and unjustified complaint without
any valid cause of action, defendant’s reputation was destroyed causing him
sleepless nights and mental stress, suffering mental and moral damages in
the amount to be assessed by the Honorable Court;

5. That the defendant in order to defend himself from the unfounded suit had to
engage the services of counsel in the amount of P20,000.00.

WHEREFORE, it is respectfully prayed that the complaint be dismissed


and defendant be allowed to introduce evidence on his counterclaim or mental
and moral damages and to collect such amount including attorney’s fees.

Manila, Philippines, October 1, 1990

PERICLES SANTO
Counsel for Defendant
PTR OR No. 7778
IBP OR No. 9784
562 Escolta, Manila

VERIFICATION

PEDRO LUZ, of legal age, after having been duly sworn, deposes and says: that
he is the defendant in the above-entitled case; that he caused the preparation of
the above-entitled answer; that he has read the allegations thereof and the same
signature in the promissory note attached to the complaint and purporting to be
his signature is not his signature and such signature is a forgery, he not having
executed said alleged promissory note.

WITNESS my hand this 1st day of October, 1990.

PEDRO LUZ
SUBSCRIBED AND SWORN to before me this 1 st day of October, 1990 at
Manila, affiant exhibiting to me his Residence Certificate No. 123456 issued in
Manila on January 15, 1990.

Notary Public
Until Dec. 13, 1990
IBP No. 54689 issued on
June 15, 1990 at Pasig
PTR No. 98590 issues on
January 20, 1990 at Manila

Doc. No. 25
Page No. 6
Book No. 1
Series of 1990

3. The prosecutor charged Eleonor Lee with violating a city ordinance before
the Regional Trial Court (RTC) of Manila, Branch 47. Eleonor Lee’s lawyer,
Atty. MaykoLiwanag, seeks to quash the information on the ground that the
RTC has no jurisdiction over the offense charged.

Prepare a motion to quash.

SUGGESTED ANSWER:

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MANILA, BRANCH 47

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. _____


Plaintiff,

-versus- FOR: VIOLATION OF CITY


ORDINANCE NO. 5

ELEONOR LEE,
Defendant.

x--------------------------------------------------/

MOTION TO QUASH

COMES NOW, the Accused through undersigned counsel in the above-


entitled case 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 6 months imprisonment and


P1,000.00fiine which is within the exclusive jurisdiction of the City Court of
Manila.

WHEREFORE, it is respectfully prayed that the information be quashed and the


Accused be released immediately from detention.

Manila, Philippines, October 1, 1990

JUAN TAMAD
Counsel for the Accused
PTR No. 77756
IBP No. 57789
562 Escolta St., Manila

NOTICE OF HEARING

The Clerk of Court


Regional Trial Court of Manila
Branch 47

Please set the forgoing Motion to Quash for hearing on Friday, October 5,
1990 at 9:00 A.M. or as soon as counsel may be heard.

JUAN TAMAD

Copy furnished

City Prosecutor
City Hall, Manila

1991

1. CD, married to HR, sold their parcel of land located in Ayala Heights,
Quezon City to DX for the amount of P500,000.00. 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 DX.
Prepare the contract of sale. Use a fictitious name for the notary public. (Do
not specify the metes and bounds of the property; just state the TCT no.
and the location).

SUGGESTED ANSWER:
DEED OF SALE OF REAL ESTATE
KNOW ALL MEN BY THESE PRESENTS:

CD, married to HR, Filipino citizens and residents of Ayala Heights, Quezon City,
hereinafter known as the VENDORS and DX, Married to Y, Filipino citizens
residents of No. 12 San Andres, Manila, herein after known as
the VENDEES have entered into this contract of sale as follows:

1. That the VENDORS are the owners in fee simple title of a parcel of residential
land containing an area of 1,000 square meters and covered by Transfer
Certificate of Title No. 45678 of the Registry of Deeds of Quezon City;
2. That for and in consideration of the sum of P500,000 duly acknowledge and
received by these presents, the VENDORS hereby sell, cede and convey by
way of absolute sale to the herein VENDEES, the aforesaid described
property;
3. That it is further agreed that all expenses for taxes, registration, transfer and
association dues are for the account of DX;

IN WITNESS WHEREOF we have hereunto set our signatures this 29th day of
September 1991 in Quezon City.

DX CD
Vendee Vendor

With my marital consent:


HR

__________________________ __________________________
Witness Witness

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)


) S.S
Quezon City )

On this 29th day of September 1991 personally appeared before me CD, HR,
AND DX known to me to be the same persons who executed the foregoing deed
and acknowledged that it is their free act and voluntary deed and exhibiting to me
their Residence Certificates ad Tax Account Numbers as follows:

__________________________ __________________________
__________________________ __________________________
__________________________ __________________________

In Witness Whereof, I have hereunto set my signature and seal on the day above
stated.

JUAN SANTOS
Notary Public
My Commission expires
December 31, 1991

Doc. No. _______ ;


Page No. _______ ;
Book No. _______ ;
Series of 1991.

2. A complaint for knowingly rendering an unjust judgment was filed against


Judge X before the Provincial Prosecutors Office. Z, the investigation
prosecutor, found a prima facie case against X. Prepare the information.
Omit the caption.

SUGGESTED ANSWER:

Undersigned Fiscal charges Judge X of the Regional Trial Court of Manila of the
crime knowingly rendering unjust judgment punishable under Article 204 of the
Revised Penal Code committed as follows:

That on or about August 1, 1991, Judge X, Regional Trial Court of Manila


dismissed a charge of rape of a 12 year old girl filed against Juan on the basis of
an affidavit of desistance of the victim, knowing fully well that in the crime
statutory rape consent of the victim is invalid.

Contrary to law.

JUAN CRUZ
Assistant Fiscal

CERTIFICATION

I hereby certify that a preliminary investigation on this case has been conducted
by me in accordance with law; that there is a reasonable ground to believe that a
crime has been committed and the accused is probably guilty thereof; that the
accused was informed of the complaint and of the evidence submitted
against him and was given an opportunity to submit controverting evidence, and
that the filing of this information is with prior authority and approval City Fiscal.

Manila, September 1, 1991.

JUAN CRUZ
Assistant Fiscal

SUBSCRIBED AND SWORN to before me this 1st day September 1991 in the
City of Manila.

PEDRO SISON
City Fiscal

List of Witnesses
Bail Recommended P50, 000.

3. Jocot asks you to prepare a negotiable promissory note wherein the


promissor, Bryan, binds himself to pay a loan of P50,000.00 in five (5) equal
monthly installments commencing on October 1991; payable not later than
the 20th 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.

Bryan failed to pay the promissory note referred to in letter A above. Jocot
decided to file a complaint against Bryan to enforce the note and hired the
services of George, a young lawyer, for that purpose. You are George,
prepare the complaint.

SUGGESTED ANSWER:

A.

I, Bryan, Filipino citizen, of legal age and resident of Manila promise to pay
JOCOT or order the sum of P50,000.00 in five equal installments commencing
on October 1, 1991, payable not later that the 20th day of each month, with
compounded interest at ten percent (10%) per annum; that in the event of a suit
to enforce the promissory note, I promise to pay P5,000 as attorney's fees; and
that satisfaction shall be filed in an appropriate court in Cebu City.

Cebu City, September 1, 1991.

BRYAN

B.

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
CEBU CITY

JOCOT,
Plaintiff,

-versus- FOR THE SUM OF MONEY


Civil Case No. 2
BRYAN,
Defendant.
X-----------------------------------------------------X

COMPLAINT

COMES NOW the plaintiff through the undersigned counsel and to this
Honorable Court, respectfully alleges,

1. That plaintiff, JOCOT is a Filipino citizen, married and resident of Cebu


City and defendant BRYAN, is a Filipino citizen and resident of No.
2 Osmeña Street, Cebu City where he may be served with summons:

2. That on September 1, 1991, defendant executed a promissory note in


favor of the plaintiff in the amount of P50, 000 to be paid within a
period of five months from October 1, 1991. A copy of said promissory
note is hereto attached as Annex of this complaint;

3. That the period of five months had


already expired and defendant failed to pay said promissory note;

4. That despite repeated demands both oral and written, defendant still
failed and refused to pay said promissory note;

5. That the plaintiff was constrained to file this suit to enforce said
promissory note engaging the services of counsel in the amount of
P5,000;

6. That the amount due from defendant in accordance with said


promissory note is P50, 000 plus compounded interest of 10% per
annum plus attorney's fee in the amount of P5, 000.

WHEREFORE, it is respectfully prayed that after due trial, defendant be


ordered to pay the plaintiff P50, 000 plus compounded interest of 10% per
annum and P5, 000 attorney's fees.

GEORGE
Counsel for Plaintiff
PLT No. 5798
IBP OR No. 6790

4. Prepare an Affidavit of Good Faith in a Chattel Mortgage with A as


mortgagor, B as mortgagee, and Mabel Riza as the notary public.

SUGGESTED ANSWER:

AFFIDAVIT OF GOOD FAITH

REPUBLIC OF THE PHILIPPINES )


) S.S.
City of Manila )
We A as mortgager and B as mortgagee severally swear under oath the
foregoing chattel mortgage was executed by us for securing a good and valid
obligations and not for the purpose of committing fraud.

A B
Mortgager Mortgagee

SUBSCRIBED AND SWORN to before me this 1st day of September


1991 in the City of Manila affiants having exhibited me their Residence Certificate
Nos. _________ and Tax Account Nos. ___________ .

MABEL RIZA
Notary Public
My Commission expires
December 31, 1991.

Doc. No. _______ ;


Page No. _______ ;
Book No. _______ ;
Series of 1991.

1992

1. Prepare a petition for habeas corpus on behalf of Major Solar 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.

SUGGESTED ANSWER:

Republic of the Philippines


NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 1
Quezon City

IN THE MATTER OF THE


APPLICATION FOR HABEAS CORPUS
IN BEHALF OF MAJOR R. SOLAR,

MARY SOLAR,
Petitioner,

-versus-

JOSE CRUZ
Superintendent, PHILIPPINE NATIONAL POLICE
Respondent.
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.


SOLAR, 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. Solar of the PNP, Quezon City while
holding office was arrested by superior police authorities for alleged
participation in a robbery with homicide in Quezon City;

3. That since then Major R. Solar was detained at the Police Sub-Station
5, Quezon City, without any formal charge filed against him;

4. That Major R. Solar had not participated in the alleged robbery with
homicide hence his arrest and detention is without lawful cause;

5. That Major R. Solar 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. Solar and forthwith explain why he should not be
released from detention immediately;

2. Declare his arrest and detention as invalid and unconstitutional.

Petitioner further prays for such other relief and remedy as this Honorable
Court may deem just and equitable.

Quezon City, Philippines

September 26, 1992.

CRUZ Law Office

by J. CRUZ
PTR No.
IBP receipt no.

VERIFICATION

Mary Solar after having been duly sworn in accordance with law hereby
states:

That she is the petitioner in the above-entitled case;

That she has caused the filing of the petition and the contents thereof are
true and correct.
Quezon City, 23, September, 1992.

MARY SOLAR
Petitioner

Subscribed and sworn to before me this 26th day of September 1992 at


Quezon City, affiant having exhibited to me her Residence Certificate No. 52789,
issued at Quezon City on January 4, 1992.

P. SOLIVEN
Notary Public
Until December 31, 1992

Doc. No. _________


Page No. _________
Book No. _________
Series of 1992

2. Prepare a petition for reconstitution of the original copy of TCT No.


9213645 in the name of Lina Ochoa which was burned when the Office of
Registry of Deeds of Quezon City was razed to the ground on June 11,
1992.

SUGGESTED ANSWER:

Republic of the Philippines


NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 1
Quezon City

JUAN V. PEREZ,
Petitioner,

-versus-

PEDRO E. SISON,
REGISTER OF DEEDS
Quezon City

PETITION FOR RECONSTITUTION


OF TRANSFER CERTIFICATE OF TITLE

Comes now the petitioner, by her undersigned counsel and to this


Honorable Court respectfully states:

1. That petitioner of legal age, married, Filipino citizen and residing at 107
Malaya, Quezon City; that respondent Pedro Sison is the Register of
Deeds of Quezon City, Quezon City Hall where he may be served with
summons and other court processes;

2. That petitioner is the registered owner of a parcel of land located at


Malaya Street, Quezon City and covered by Transfer Certificate of Title
No. 7984, Registry of Deeds of Quezon City, free of any encumbrance;

3. That on June 11, 1992 the office of the Register of Deeds of Quezon
City was burned and all the Torrens titles in the said office including
T.C.T. No. 7984 were burned;

4. That said T.C.T. was never mortgaged or sold to anyone;

WHEREFORE, it is respectfully prayed that the Register of Deeds of


Quezon City issue a reconstituted Original Title based on the owner’s Duplicate
Certificate of Title hereto attached in the name of herein petitioner.

Quezon City, September 26, 1992.

PEDRO CRUZ
Counsel for Petitioner
P.T.R. No. _______
I.B.P. O.R. _______

Subscribed and sworn to before me this 26 th day of September 1992 by


JUAN PEREZ, exhibiting to me his Residence Certificate No. 12346, issued at
Quezon City on January 4, 1992.

JUAN CRUZ
Notary Public
Until December 31, 1992

Doc. No. _________


Page No. _________
Book No. _________
Series of 1992

3. Roy Alvarez filed a complaint for damages against Erwin Bracia, docketed
as Civil Case No. 92-31046 of the Regional Trial Court of Caloocan City.
Said case is scheduled for pre-trial on October 5, 1992. Since Roy Alvarez
cannot attend the pre-trial, he authorized his lawyer, Atty. Albert Florentino,
to represent him therein with full power and authority.

Prepare the corresponding special power of attorney.

SUGGESTED ANSWER:

POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:


1. That, I, ROY ALVAREZ, Filipino citizen, of legal age and residing at
179 Rizal, Caloocan City have filed a complaint for damages against
Erwin Bracia. Civil Case No. 17896, Regional Trial Court of Caloocan
City;

2. That said case was scheduled for pre-trial on October 5, 1992 at 9:00
a.m.;

3. That in view of the fact that I cannot attend said pre-trial because I am
making a business trip to Japan, I have authorized by these presents
my counsel, Atty. Alberto Florentino to represent me and giving him full
powers to enter into pre-trial and stipulate facts in accordance with law;

IN WITNESS WHEREOF, I have hereunto set my signature this 26 th day


of September 1992 at Caloocan City, Metro Manila.

ROY ALVAREZ
Affiant

Signed in the presence of

__________________________ and _____________________________

ACKNOWLEDGMENT

Republic of the Philippines]


Caloocan City ]S.s.

On this 26th day of September 1992, in the Caloocan City, Roy Alvarez
personally appeared before me, and known to me and to me known to be the
same person who executed the foregoing instrument, and acknowledged to me
that it is his free act and voluntary deed. He exhibited to me his Residence
Certificate No. 79112, issued at Caloocan City on January 4, 1992, and TIN No.
79512.

Doc. No.:_____ Notary Public


Page No.:_____ Until December 31, 1992
Book No.:_____
Series of 1992.

1993

1. Prepare a hypothetical complaint for Unlawful Detainer with complete


caption.

SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
Branch I
Manila

Pedro Sison,
Plaintiff,

-versus- Civil CaseNo. 5


For Unlawful Detainer

Juan Cruz,
Defendant.

COMPLAINT

Comes now the plaintiff through the undersigned counsel and to the
Honorable Court alleges:

1. Plaintiff Pedro Sison, is married, Filipino citizen and residing at No. 450
Palacio, Manila while defendant is a Filipino citizen, married and
residing at No. 396 Mercedes Street, Manila where he may be served
with summons;

2. That plaintiff is the owner of a land over which an apartment had been
constructed, located at 436 Rizal Avenue, Manila;

3. That by virtue of a contract of lease, plaintiff leased unto the defendant


the aforesaid apartment for consideration of P5,000 (Five Thousand
Pesos) a month as rental to be paid within the first ten days of each
month starting January 1, 1993.

4. That defendant failed to pay the agreed rental for several months
starting from April 1993 up to the present;

5. That on May 2, 1993, plaintiff sent a letter of demand to vacate the


apartment which was received by the defendant as shown in the
registry return receipt hereto attached;

6. That despite said letter of demand which was repeated by oral


demands defendant failed and still refused to pay the agreed amount
of rentals and to vacate the apartment;

7. That by reason of the failure of the defendant to wacate the premises


and to pay the unpaud rentals, plaintiff was compelled to file this
complaint engaging the services of counsel in the amount of P10,000.

WHEREFORE, it is respectfully prayed that judgment be rendered


ordering the defendant to vacate the premises to pay the unpaid monthly rentals
in the amount of P50,000 and further rentals until the said defendant fully vacates
the premises and to pay the costs of the suit.
Plaintiff prays for such other remedy as this Honorable Court may deem
just and equitable.

Manila, Philippines, September 26, 1003.

JUAN PEREZ
Counsel of the Plaintiff
PTR No.
IBP O.R. No.

VERIFICATION

I, Pedro Sison, am the plaintiff who caused the above complaint to be filed
and the allegations therein are true and correct.

PEDRO SISON

Subscribed and sworn to before me this 28th day of September 1993 in the
City of Manila. Affiant has exhibited to me his Res. Cert. No. 89357 issued at
Manila on February 2, 1003.
JUAN PEREZ
Notary Public
My Commission
UntilDecember 31, 1993

Doc. No. 1;
Page No. 2;
Book No. 3;
Series of 1993.

2. Prepare a hypothetical criminal information for Homicide with complete


caption.

SUGGESTED ANSWER:

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch II
Manila

PEOPLE OF THE PHILIPPINES,


Plaintiff

-versus- Criminal Case No. 7


For: Homicide

DANILO PARAS,
Defendant

INFORMATION
The undersigned fiscal charges DaniloParas of the crime of homicide
committed as follows: That on or about August 10, 1993 in the City of Manila, the
said accused did then and there wilfully, unlawfully and feloniously, with intent to
kill, fire his 45 caliber gun upon Ricardo Santos inflicting on him mortal wounds
which immediately caused the death of the said Ricardo Santos.

Contrary to law.

Domingo Velez
Assistant Fiscal

CERTIFICATION OF PRELIMINARY INVESTIGATION

I hereby certify that a preliminary investigation in this case had been


conducted by me in accordance with law; that I have examined the complainants
and their witnesses; that there is reasonable ground to believe that the offense
charged had been committed; that the accused is probably guilty thereof; that the
accused was informed of the offense charged 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 Fiscal.

DOMINGO VELEZ
Assistant Fiscal

SUBSCRIBED AND SWORD to before me on this 2nd day of May 1993 in


the City of Manila, Philippines.

JOSE PEREZ
City Fiscal

List of Witnesses

Bail Recommended: P20, 000.00

1994

1. A. A jurat in an affidavit attesting to the loss of your driver’s license.


B. A certification that a copy of a decision is a true copy.
C. A verification in a petition for certiorari
D. An acknowledgment of a deed of sale involving two parcels of land.

SUGGESTED ANSWER:

2. Prepare a negotiable promissory note.

SUGGESTED ANSWER:

City of Manila, September 28, 1994


6,000

Thirty (30) days after the date, Arturo M. Padilla, hereby promise to pay to the
order of Milagros Concepcion, the sum of six thousand (6,000.00) Pesos
(Philippine Currency).

(Sgd.) Arturo M. Padilla

3. Prepare a complaint for ejectment.

SUGGESTED ANSWER:

REPUBLIC OF THE PHILIPPINES


MUNICIPAL TRIAL COURT
6TH JUDICIAL, REGION
BRANCH 18
ROXAS CITY

Josefina D. Alejandro
Plaintiff, Civil Case No. 765
versus For Ejectment

Roberto T. Reyes
Defendant
x x

COMPLAINT

COMES NOW, the plaintiff, by the undersigned counsel and unto this
Honorable Court, respectfully alleges:

1. That the plaintiff is of age and a resident of 182 C. Garcia St. , Roxas
City, while the defendant is also of age , with residence and postal
address at 58 Sta. Rosa St. , Roxas City, where he may be served;

2. That the plaintiff is the absolute owner and lessor of that certain building
located at 58 Sta. Rosa St. , Roxas City, and now leased and occupied
by the defendant;

3. That the defendant leases occupies the said building under the express
obligation of paying a rent of 15,000 a month, payable in advance within
the first five (5) days of each month ;

4. That the defendant has not paid the rentals for the said building for the
month of July and August of the current year;

5. That the plaintiff have several times demanded of the defendant to


vacate the above premises and to pay his back rents, now amounting to
30,000.00, the last demand for the payment having been made on him
personally and in writing on September 15, 1994, or more than five
days before the filing of this Complaint;

6. That this case has been referred to the LuponTagapayapa.

WHEREFORE, it is respectfully prayed for that after due hearing, judgment


be rendered in favor of the plaintiff, and ordering the defendant and all persons
acting under him:

a. to vacate the leased premises and surrender the same to the plaintiff;
b. to pay the plaintiff the sum of 30,000.00, representing the arrears of the
rent now overdue, with the legal interest from the filing of this Complaint
until fully paid;
c. to pay the plaintiff the sum of 15,000.00 a month from September
1994,until he vacates the premises; and
d. to the costs of this suit.

Roxas City, this 28th of September 1994.

Edward S. Li,m
Attorney for the Plaintiff,
Buyco Bldg., Mckinley St.
Roxas City

PTR No. 472, January 30,1994


Roxas City
IBP No. 921, January 7, 1994
Roxas City

VERIFICATION

REPUBLIC OF THE PHILIPPINES )


PROVINCE OF ROXAS ) S.S
ROXAS CITY )

Josefina D. Alejandro, after being sworn in accordance with law, deposes


and says: That she is the plaintiff of the above-entitled case; that she has caused
the preparation of the above Complaint and has read and knows the contents
thereof; that the allegations therein are true of her own knowledge.

Joselina D. Alejandro

SUBSCRIBED and sworn to before me, in the City of Roxas , this 28 th day
of September , 1994 by Josefina D. Alejandro with Community Tax Certificate No.
A-2345 issued at Roxas City on January 4, 1994.

Lorenzo U Dy.
Notary Public
Until December 31, 1994
PTR No. 47696
Roxas City

4. Prepare an information for murder against three accused with two


aggravating circumstances.

SUGGESTED ANSWER:

REPUBLIC OF THE PHILIPPIINES


REGIONAL TRIAL COURT
4TH JUDICIAL REGION
BRANCH 52
PUERTO PRINCESA CITY

People of the Philippines


Plaintiff,

versus

Diosdado Avila, Agapito Luna


And Aurelio Pena
Accused

x x

INFORMATION

The undersigned Public Prosecutor hereby accuses Diosdado Avila,


Agapito Luna and Aurelio Pena of the crime of MURDER, committed as follows:

That on or about the 8th of July, 1994 in Brgy. San Miguel, Puerto Princesa
City, Palawan, Philippines, within the jurisdiction of this Honorable Court, the said
accused conspiring and confederating with each other, and armed with deadly
weapons, to wit: two large fan knives and a bolo, did then and there, with malice
aforethought and with deliberate intent to take the life of RaymundoDadores, did
then and there willfully, unlawfully, feloniously, and treacherously attack and
wound the latter in different parts of the body, inflicting upon him two stab
wounds on the left side of the breast and a large hack wound on the neck,
defendant Pena having stabbed Dadores while the latter was being held by the
arms by defendants Avila and Luna, and defendant Luna then hacking Dadores
on the neck as the latter was falling to the ground, and as a result of his said
wounds, Dadores immediately died.

Contrary to law.

Puerto Princesa, September 28,1994

Rene A. Francisco
Public Prosecutor
WITNESSES:

Vilma R. Dadores Edmundo C. Reyes

CERTIFICATION

I hereby certify that a preliminary investigation has been conducted in this


case under my direction, having examined the witnesses under oath, and that a
prima facie case exists and the accused are probably guilty thereof.

Rene A. Francisco
Public Prosecutor

Bail Recommended:____________

5. Prepare a motion for consolidation of two cases filed in different divisions


of the Court of Appeals.

SUGGESTED ANSWER:

1995

1. In a life insurance company for P2 Million issued by Bayad-Agad Insurance


Company (BAYAD-AGAD) to insured RestyImpis, the primary beneficiary
designated is simply “wife”. After RestyImpis dies, Nora Impis and Lenny
Impis, each claiming to be the wife of Resty, filed their respective claims for
the insurance proceeds. BAYAD-AGAD is at a loss as to whom to pay and
decides to bring the matter to court.

Draft the necessary pleading as counsel for BAYAD-AGAD.

SUGGESTED ANSWER:

2. Prepare an information charging two accused, one of whom is 14 and the


other is 16, with violation of P.D. 532 (Highway Robbery) for having
snatched from the complaining witness a gold necklace worth P2,000.00.

SUGGESTED ANSWER:

3. You are the owner of a wall which separates your property from that of
your neighbor. You make an opening on the wall to allow light to enter your
property and enjoy the view through the estate of your neighbor.

Prepare a notarial prohibition to be sent to your neighbor to forbid him


from doing any act which would prevent light from entering your property
through the opening and obstruct your view in order to acquire a negative
easement of light and view.

SUGGESTED ANSWER:

4. Draft a notice of pre-trial conference.

SUGGESTED ANSWER:

1996

1. Distinguish between a Jurat and Acknowledgment. Give an example of


each.

SUGGESTED ANSWERS:

A Jurat is the form prescribed for sworn statements or affidavits where no rights
of titles are transferred before a notary public. An example of jurat is an affidavit
subscribed before a notary public or public official authorized for the purpose.

An acknowledgment is the form executed by the notary public stating that certain
document transferring rights or property have been executed by the persons
known to him to be the same person, and that it was their free act, and voluntary
deed. An example is the acknowledgment in a deed of lease of land.

2. Z, who owns a house at 34 San Rafael Street, San Juan, Metro Manila,
leased the premises to O, who resides at 206 Palmera Street, Mandaluyong
City, beginning 1 January 1996 to 30 December 1998, at P10,000.00 a
month, payable on or before the 5th of each month. Upon failure of the
lessee to pay for 3 consecutive months, the contract will be deemed
automatically terminated.

Draft the contract of lease.

SUGGESTED ANSWER:

DEED OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

That I, Z, Filipino citizen, residing at No. 37 Retiro, Quezon City,


hereinafter known as LESSOR is the owner of a house located at 345 San
Rafael Street, San Juan, Metro Manila more or less described as follows:

(Description of property...) that by virtue of these presents, I, Z, have


agreed to lease the aforesaid property to O, Filipino citizen, of legal age, residing
at 201 Palmera St., Mandaluyong City, hereinafter known as the LESSEE.
That the conditions of the lease are;

1. That the duration of the lease is from January 1, 1996 to December 30, 1996.

2. That the LESSEE shall pay a monthly rental of P10,000 payable on or before
the 5th of each month.

3. That upon failure of the LESSEE to pay the rentals for three (3) consecutive
months, the contract is deemed automatically terminated:

IN WITNESS WHEREOF, we have hereunto set out on this 28th day of


September 1996 in the City of Manila.

(Z) (O)
LESSOR LESSEE

Signed in the presence of:

____________________________ ____________________________
J R

ACKNOWLEDGMENT

Republic of the Philippines)


City of Manila ) S.S

On this 29th of September 1996 in the City of Manila personally appeared


before me Z and O exhibiting to me their respective Community Tax Certificates
No. 43210 and 21451 issued at Manila on Januray 15, 1996 and February 2,
1996 and TIN 45127-31 and 18279-10 to me known and known to me to be the
same persons who executed the foregoing lease agreement and acknowledged
to me that the same is their free and voluntary act and deed.

X
Notary Public
My commission expires
Dec. 31, 1996

Doc. No.__2___;
Page No. __4___;
Book No.___5__;
Series of 1996

3. On October 5, 1994, S, with address at 211 Madison Street, Greenhills,


Metro Manila, a dealer of used cars, sold a 1989 Lancer to B, who resided at
24 Lontok Street, Quezon City. A promissory note was executed by B
promising to pay on or before December 20, 1995, the amount of
P250,000.00 with interest of 36% per annum, aside from attorney’s fees in
the sum of P20,000.00 in the event of litigation. After one year, B failed to
pay any amount prompting to demand full payment of the vehicle. B
refused, contending that the payment was due in December 1995. S wants
you to file a complaint against B with instructions to recover the unpaid
vehicle.

Prepare the appropriate pleading.

SUGGESTED ANSWER:

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION REGION
REGIONAL TRIAL COURT
MAKATI CITY

S,
Plaintiff,
CIVIL CASE No. 1
-versus- FOR: Sum of Money

B,
Defendant.

x-----------------------------------x

COMPLAINT

COMES NOW, the plaintiff, through the undersigned counsel and to this
Honorable Court, most respectfully avers:

1. That the plaintiff, S, is of legal age, Filipino citizen, with residence and
postal address at 211 Madison Street, Greenhills, Metro Manila;

2. That the defendant, B, is of legal age, Filipino citizen, with residence


and postal address at 24 Lontoc Street, Quezon City, where they may
be served with summons and other court processes;

3. The on October 5, 1994, defendant purchased a 1989 Lancer car from


the plaintiff in the amount of P250,000.00 payable on or before
December 30, 1995 with an interest of 36% per annum; and that in the
event of litigation, defendant shall pay P20,000.00 as attorney’s fees. A
copy of said promissory note is hereto attached.

4. That after one year had expired, defendant failed to pay said
promissory note;

5. That despite demands both written and oral, defendant failed to pay
the value of said promissory note forcing plaintiff to file this case
engaging the services of counsel in the amount of P20,000.00.

WHEREFORE, premises considered, it is respectfully prayed that after


due trial, defendant be ordered to pay the amount of P250,000.00 plus 36%
interest until the amount is fully paid and P20,000.00 as attorney’s fees.

Makati City, September 1, 1996.


Counsel for the Plaintiff
PTR OR No. 6321
January 7, 1996
IBP OR No. 1265
January 7, 1996

4. Rey Carreon, who resided at 26 Real Street, Makati City, owns a market
stall at Shoppersville, Greenhills, Mandaluyong City. He leased it to Siony
Beltran from 1 March 1993 to 1 March 1995 at a monthly rental of
P15,000.00. Siony failed to pay for 6 months. Despite demands, Siony
refused to pay. Rey wants to recover the premises.

Draft the requisite complaint containing all pertinent facts as outlined


above.

SUGGESTED ANSWER:

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
MAKATI CITY
CITY COURT, Br. No. 1

REY CARREON,
Plaintiff,

-versus- FOR: Ejectment

SIONY BELTRAN,
Defendant.

x-----------------------------------x

COMPLAINT

COMES NOW, the plaintiff, through the undersigned counsel and unto this
Honorable Court, most respectfully avers:

1. That the plaintiff, of legal age, Filipino citizen, with residence and
postal address at 26 Real Street, Makati City;

2. That the defendant, is of legal age, Filipino citizen, with residence and
postal address at No. 2 Wilson, Makati where he may be served with
summons and other court processes;

3. The plaintiff is the owner of a market stall at Shoppersville, Greenhills,


Mandaluyong City which was leased to defendant on March 1, 1993 to
March 1995 at a monthly rental of P15,000.00;

4. That defendant failed to pay the agreed rental for 6 months, and
despite written and oral demands to vacate, defendant failed to pay
said rentals for 6 months in the amount of P90,000.00;
5. That due to the refusal of defendant to pay the rentals, plaintiff was
constrained to file the present action engaging the services of counsel,
in the amount of P10,000.00.

WHEREFORE, premises considered, it is most respectfully prayed unto


this Honorable Court that, after due trial defendant be ordered to pay the amount
of P90,000.00 with leagal interest and vacate the premises.

Makati City, September 1, 1996.

Juan De La Cruz
Counsel for the Plaintiff
PTR OR No. 7755
January 10, 1996
IBP OR No. 7007
January 10, 1996

VERIFICATION

I, REY CARREON, am the plaintiff in the above-entitled case, have cause


the above complaint to be filed and the allegations thereof are true and correct.

REY CARREON

SUBSCRIBED AND SWORN to before me this 29th day of September


1996 in the City of Manila, affiant exhibited to me hi Community Tax Certificate
No. 01234 issued at Manila on January 17, 1996

NovelinoAkut
Notary Public
My Commission Expires
Dec. 31, 1996

Doc. No. ____1____


Page No. ___2___
Book No.___4____
Series of 1996.

1997

1. Document a chattel mortgage covering a motor vehicle.

SUGGESTED ANSWER:

CHATTEL MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:


That I, A, of legal age, married and resident of the city of manila 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 B,
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 B, 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 vehicle)

Of which I am the true and absolute owner by title thereto being evidenced by
Registration certificate of motor vehicle issued in my name by the Land
transportation Office, Quezon City on January 10, 1996.

This chattel mortgage has been executed in order to secure the full and
faithful payment of the aforementioned obligation in accordance with the terms
and conditions of this instrument, 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 28th day of September 1997.

A
Mortgagor

Signed in the presence of: D E

AFFIDAVIT OF GOOD FAITH

REPUBLIC OF THE PHILIPPINES )


CITY OF MANILA ) s.s

We, severally swear that A, mortgagor and B, Mortgagee have executed


the foregoing Chattel Mortgage Contract in order to guaranty as good and valid
obligations and the same is not intended for the purpose of defrauding our
creditors.

A B
Mortgagor Mortgagee

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )


CITY OF MANILA ) S.S

BEFORE ME, A notary public in and for the city of Manila, personally
appeared A, mortgagor, with community Tax certificate No. 12345 Issued in
Manila on February 17. 1997 and B, mortgagee, with community tax certificate
no. 56789 issued in manila on March 10, 1997, all known to me to be the same
persons who subscribed to the truth of the foregoing affidavit of good faith and A
acknowledged to me further that he executed the foregoing chattel mortgage
contract as his free and voluntary act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my


notarial seal on this instrument in the city of manila, Philippines, this 28 th day of
September 1997.

NOTARY PUBLIC
My commission expires
On December 31,1997
Doc. No. 1
Page No. 2
Book No. 3
Series of 1997.

2. Prepare a complaint for ejectment.

SUGGESTED ANSWER:

Republic of the Philippines


Metropolitan Trial Court of Metro Manila
National Capital Region
Manila

A
Plaintiff,

-versus- CIVIL CASE NO. G.R. NO. 1000


For: Unlawful Detainer
B
Defendant,

x---------------------------x

COMPLAINT

Plaintiff, through counsel, alleges:

1. Plaintiff, is of legal age, resident of the city of manila, that defendant if


likewise of legal age, residing at No. 2 CDE apartment, F st.Queazon City,
and may be served of summons at said address;

2. That plaintiff is the owner of an apartment building located at F st. manila, and
described as follows:
“A ten door apartment approximately 500 sq. meters, bounded on the left
by JKL Building and bounded on the right by MNO building.”

3. That on January 10, 1996, plaintiff entered into a contract with defendant
whereby the former leased to the latter the above-described property for the
period of 1 year, starting on February 1, 1996, for the monthly rental of
P5000.00;

4. That by virtue of said contract, defendant took the property in question on


February 1, 1996, and he is still in possession of the same up to the present
time;
5. That the period stipulated in the contract has already expired but defendant
refused and still refuses to vacate the property, in spite of repeated demands
to vacate, the last of which was served on him, on September 6, 1997.

7. That as a consequence of defendants refusal to vacate plaintiffs property, the


latter has suffered, by way of damages; of at least P35,000.00 pesos as
unpaid rentals above all legal claims;

8. That the plaintiff and the defendant do not live in the same municipality,
neither do the barangay in which they reside adjoin one another, hence there
is no need to refer the matter for barangay conciliation.

WHEREFORE, plaintiff prays for judgment in his favor ordering defendant


to vacate the premises and to return the possession thereof to plaintiff plus costs,
and other remedies which are just proper under the premises.

Manila, Philippines. September 28, 1997.

OPQ
Counsel for plaintiff
RST Bldg. Manila
PTR. No. 14345
IBP OR. NO. 0321

VERIFICATION

A, herein plaintiff, upon first being duly sworn in accordance with law,
hereby depose and say that he has caused the filing of the above complaint and
that the allegations therein are true and correct.

A
Plaintiff

Certification of No-Forum Shopping

1998

1. Boy, armed with a knife had sex with Nelia, a sixteen-year-old lass, through
force and intimidation on May 1, 1998 in Bauan, Batangas. May the
Provincial Prosecutor of Batangas file an information for rape against Boy
instead of a criminal complaint to be signed by Nelia?

If so, prepare the information complete with caption.

If not, prepare the criminal complaint likewise with complete caption to be


signed by Nelia. In both cases, exclude the certification.

SUGGESTED ANSWER:

R.A. No. 8353, which reclassified rape as a crime against persons,


became effective on October 22, 1997. Hence, the Provincial Fiscal may file an
information for rape against Boy.
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
FOURTH JUDICIAL REGION
BATANHGAS CITY
BRANCH ___

PEOPLE OF THE PHILIPPINES,


Plaintiff,

- versus - CRIM. CASE No. ___


FOR: RAPE
BOY,
Accused,

X -----------------------------------------------------------------------------------------------------x

INFORMATION
The undersigned Provincial Prosecutor hereby accuses the abovenamed
accused of the crime of rape under Article 266-A par. 1 of the Revised Penal
Code, as amended by Republic Act No. 8353, committed as follows:

“That on or about May 1, 1998 in the municipality of Bauan, province of


Batangas, and within the jurisdicition of this Honorable Court, the
abovementioned accused did then and there, willfully, unlawfully and maliciously,
through force and intimidation with a knife, have sexual congress with the
offended party Nelia, a minor 16 years of age, succeeding in penetrating her
genital organ, thereby causing her actual and moral damages in the amount of at
least P100,000.00.”

CONTRARY TO LAW.
(Sgd.)___________________________
Provincial Prosecutor

2. Explain the meaning of – (1.) Counsel de oficio; (2.) Amicus curiae; and (3.)
Attorney’s lien.

SUGGESTED ANSWER:

3. Prepare a Contract of Lease of an apartment unit.

SUGGESTED ANSWER:

CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

This contract of lease, entered into by and between:

A.B., Filipino, of legal age, single, with residence at


___________________________________ and hereafter called the
LESSOR
-and-

C.D., Filipino, of legal age, single, with residence at


___________________________________ and hereafter called the
LESSEE.

WITNESSETH:

THAT, for and in consideration of the rentals to be paid, the LESSOR has
hereby leased to the LESSEE (description of apartment) and subject to the
following terms and conditions:

1. Period of Lease –
2. Rentals to be Paid –
3. (Other terms and condition)

IN WITNESS WHEREOF, the parties hereto have signed these presents,


at _____________________, this ______ day of ___________, 1998.

A.B. C.D.
Lessor Lessee

WITNESSES

_____________________________ ______________________________

(acknowledgment)

1999

1. C.D. borrowed Twenty Thousand (P20,000.00) Pesos from E.P. To


guarantee payment of his obligation on or before December 10, 1999, C.D.
agreed to constitute a chattel mortgage on is car, a Toyota Corolla Model
1990. Prepare the Deed of Chattel Mortgage (Omit Acknowledgment and
affidavit of good faith).

SUGGESTED ANSWER:

This MORTGAGE, made and entered into this 26th day of


September 1999 in the City of Manila, by and between C.D., (the Mortgagor) of
legal age, single and residing at No. 1, X Street, Manila and E.P. (the Mortgagee)
likewise of legal age, single and residing at No. 2, Y Street, Manila, witnesseth:

a. That the Mortgagor hereby conveys by way of mortgage to the Mortgagee


all his rights, title and interest in that personal property which is a car, a
Toyota Corolla Model 1990, which is exclusively owned by the Mortgagor
and in his possession;

b. That this mortgage is given as security for the payment to the Mortgagee
on or before December 10, 1999 by the Mortgagor of his loan to the
Mortgagee in the amount of Twenty Thousand Pesos (P20,000.00);

c. That the conditions of this obligation are such that if the Mortgagor, his
heirs, administrators, executors and assigns shall pay the aforesaid loan
to the Mortgagee, then this obligation shall be null and void; otherwise, it
shall remain in full force and effect.

Executed and signed on the date and place first above written.

C.D. E.P.
Mortgagor Mortgagee

WITNESSES:

________________________ __________________________

2. In the February 15, 1999 issue of the Manila News, a daily newspaper
published in Manila, the following was published: “Congressman’s querida
caught peddling shabu.” She was identified as one who lives at 156 Rizal
Avenue in Manila. It turned out that the woman referred to as CD residing at
said address was really a congressman’s girlfriend. However, it was not
really CD who was caught peddling shabu but another who looked like her.
CD brought a Complaint in the Office of the City Prosecutor of Manila
against the editor and publisher of the Manila News. The Prosecutor found
there was a case against the editor and publisher of the newspaper.
Prepare the Information.

SUGGESTED ANSWER:

Republic of the Philippines


REGIONAL TRIAL COURT
National Capital Judicial Region
Branch ___
Manila

People of the Philippines


Plaintiff,

-versus- Crim. Case. No. ___


For: Libel
Mr. Editor and Mr. Publisher, I.S. No. 76890
Accused.
x-------------------------------------x

INFORMATION

The undersigned Public Prosecutor accuses Mr. Editor and Mr. Publisher
of the crime of LIBEL defined under Article 353 of the Revised Penal Code and
penalized under Article 355 of the same Code, committed as follows:

That on or about February 15, 1999 in the City of Manila and within the
jurisdiction of this Honorable Court, the said accused Mr. Editor and the accused
Mr. Publisher, the editor and publisher, respectively, of the Manila News, a daily
newspaper published in Manila, caused to be publicly and maliciously published
in the February 15, 1999 issue of the Manila News, “Congressman’s querida
caught peddling shabu” identifying said querida as the one who lives at 156 Rizal
Avenue. That the said aforesaid publication publicly and maliciously imputed
upon the private complainant CD, a congressman’s girlfriend who is living at 156
Rizal Avenue, the crime of peddling shabu, when in truth and in fact CD was
never “caught peddling shabu”, which publication tended to cause dishonor,
discredit or contempt upon CD.

Contrary to law.

Manila, Philippines September 27, 1999

(Sgd.) Public Prosecutor

WITNESSES: Mr. A. and Mr. B.

Bail recommended: P25,000.00

CERTIFICATION

This is to certify that a preliminary investigation has been conducted in


accordance with law, that the complainant and her witnesses have been
examined and that on the basis of the sworn statements ad other evidence
submitted, there is reasonable ground to believe that the crime has been
committed and the accused are probably guilty thereof, that the accused were
informed of the complaint and the evidence submitted against them, and that
they were given an opportunity to submit controverting evidence.

(Sgd.) Public Prosecutor

JURAT