Legal Forms

Jurat
SUBSCRIBED AND SWORN to before me this day of March 10, 2019 the affiant is
personally known to me and exhibiting to me his Passport No. with Passport No. 987654
issued on January 5, 2016 at Cebu City.
ATTY. MARJORIE ANNE N. MAYORDO

Notary Public
Province/City of Cebu
Doc. No. __ Rm 208 Orient Bldg.,
Page No. __ Echavez St, Cebu City
Book No. __ Appointment No. 032165
Series of 2019 Roll of Attorney No. 54987
IBP No. 654123
MCLE No. 963852
Acknowledgement
ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES )

CITY OF CEBU ) S.S
BEFORE ME, a Notary Public in and for Cebu City, Philippines, this March 4,
2019, personally appeared Mr. XYZ, with Passport No. 987654 issued on January 5,
2016 at Cebu City, with Certificate No.123654 issued at Cebu City on January 15, 2019,
known to me to be the same person who executed the foregoing instrument, and he
acknowledged to me that the same is his free act and deed.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my notarial seal,
the day and place above written.

Notary Public
IBP No. 654123
MCLE No. 963852
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Affidavit of One and the Same Person

City of Cebu ) S.S.
JOINT AFFIDAVIT
We, Lucille May Perez and Jasmine Jean Diola, both Filipinos, of legal ages, and
residents of , Sesame Street, Cebu City and B. Rodriguez, Cebu City, respectively,
having been duly sworn in accordance with law, hereby depose and state:
That we have personally known the person of JAY JOSEPH GOMEZ for a
long period of time having been her long time friend;
That we know for a fact that the person by the name of "JAY JOSEPH
GOMEZ" appearing in some documents and records or specifically in her
Certificate of Live Birth and the name " JOSEPH JAY GOMEZ" as appearing
in the records of the Social Security System (SSS), refer to one and the same
person and that her true and correct name is JAY JOSEPH GOMEZ; and
As such, we execute this Affidavit or attest to the truth of the foregoing facts
and for whatever legal purpose that this Affidavit may serve.
IN WITNESS WHEREOF, we have set our hands this 12th day of March 2019 at Makati
City, Metro Manila, Philippines.
Lucille May Perez Jasmine Jean Diola

Affiant Affiant
personally known to me and exhibiting to me his Passport No. (Competent proof of
identity) Issued at ____________ on _____________ and his Gov’t. ID No. _________
issued at ______ on .

Notary Public
IBP No. 654123
MCLE No. 963852
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Affidavit Attesting to the Death of a Person

City of Cebu ) S.S.
JOINT AFFIDAVIT
We, Malia Lumanse and Michael John Babano, both Filipinos, of legal ages, and both
residents of Barangay Tejero, Cebu City, having been duly sworn in accordance with
law, hereby depose and state:
1. That we are Barangay Officials of the aforementioned Barangay being the

barangay chairman and barangay tanod, respectively;
2. That we know the person of Maria Clara because she was a resident of the
aforementioned Barangay of which we are officials;
3. That we know for a fact said Maria Clara died on April 12 ,2018 at Chong
Hua Hospital due to heart attack; and
4. That we are executing this affidavit to attest to the truthfulness of the fact
of death of the person of Maria Clara and for whatever legal purposes that
this statement may serve.
IN WITNESS WHEREOF, we have here unto set our hands this 12th day of March 2019,
in the City of Cebu, Cebu, Philippines.
Malia Lumanse Michael John Babano

Affiant Affiant

Notary Public
IBP No. 654123
MCLE No. 963852
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Affidavit of Loss (ATM cards and Driver’s License)

City of Cebu ) S.S.
AFFIDAVIT OF LOSS
I, Yonelyn Delos Santos, Filipino, of legal age, and resident of Barangay Tejero, Cebu
City, having been duly sworn in accordance with law, hereby depose and state:
License and a new ATM Card, in lieu of the ones that were lost.That I am an
employee of ABC Corporation at Cebu City, Cebu, Philippines and at the
same time a duly‐licensed driver;
That on February 1, 2019 at around seven o’clock in the evening, while I was
at the Ayala Center Mall, I lost my wallet which I usually place in my back
pocket;
That inside the said wallet is my Driver's License and ATM Card issued by
China Bank;
That despite diligent search and efforts to locate the said wallet and my
Driver's License and my ATM Card, I could not find them such that I now
believe that they are now lost beyond recovery;.
That my Driver's License has not been confiscated by the LTO, Police or
other Traffic Enforcers for any traffic violation; and
As such, I am executing this Affidavit of Loss to attest to the truth of the

foregoing and to support my application for the issuance of a new Driver's
IN WITNESS WHEREOF, I have set my hand this 12th day of April 2009, in Makati
YONELYN DELOS SANTOS

Affiant
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Notary Public
Book No. __ Roll of Attorney No. 54987
Series of 2019 IBP No. 654123
MCLE No. 963852
5|Page
Marine Protest (An Affidavit under the Code of Commerce)

City of Cebu ) S.S.
MARINE PROTEST
Name: Marvin Lee

Age: 50
Civil Status: Married
Address: No.6 Naranghita St., Project2,
Quezon City, Metro Manila, Philippines
Position: Ship Captain
Type/Cargo/Burden: Tuna Meat(goods)
Home Port: Manila
Registry Number: 123333332323232
Gross Tons: 20.5
Net Tons: 15.8
After being duly sworn to in accordance with law, do hereby declare and state on protest:
That on (continue with the facts and circumstances that transpired in the
incident);
That I, as Master, (Indicate what actions the master initiated);
That I, as Master (Indicate the respondents and their address if any);
That the prevailing weather at the time was as follows:
General Description: Wind Direction:

Velocity: Kits:
Height of Seas: Feet:
Tide: Visibility:
Other Remarks:
That the incident resulted injuries to persons and death to persons, whose
names are listed in Exhibit "A" of this PROTEST
That this incident likewise resulted to loss or slight damage to the belonging
to in the estimated amount of (PhP ______.__ ) and detailed in Exhibit "B" of
this PROTEST:
That my organization/shipping company is as follows:
Company:
Address:
Telephone(s):
Fax:
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That further/additional information/data is appended hereto as Exhibit "1" of
this PROTEST.
MARVIN LEE
Ship Captain
SUBSCRIBED AND SWORN to before me this day of March 10, 2019 the affiant
ispersonally known to me and exhibiting to me his Passport No. (Competent proof of

Notary Public
IBP No. 654123
MCLE No. 963852
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Judicial Affidavit
(As an attachment to a Petition for Writ of Amparo and Habeas Corpus)

City of Cebu ) S.S.
.
AFFIDAVIT
I, Jose Antonio Boro, Filipino citizen, of legal age, married to Camille Victoria Boro and
a resident of 123 Cotabato Street, Cebu City, after having been duly sworn in accordance
with law, hereby depose and say:
Q: What is your name?

A: I am Jose Antonio Boro.
Q: Where do you live?

A: 123 Cotabato Street, Cebu City
Q: Are you related to Lucille May Boro?

A: Yes.
Q: How are you related to her?

A: She is my daughter.
Q: Where does your daughter live?

A: She lives with me.
Q: What is the nature of work of your daughter?

A: She is actively an officer of the Human Rights Organization, an
organization engaged in advocating human rights.
Q: Where is the Human Rights Organization located?

A: It is located in Unit 201 Siete Remedios Tower, Cebu City.
Q: How does your daughter go to work?

A: She brings her own car to work. On seldom occasions, especially
when she cannot use her own car, I bring her to work.
Q: Thank you, Mr. Boro. Let’s focus on the date of your

daughter’s alleged forced disappearance. Do you remember the
happenings on 15 January 2019?
A: Yes.
Q: On 15 January 2019, when did you last see and talked to your
daughter?
A: I last saw her during breakfast, before we headed to our respective
workplaces.
Q: Did you bring your daughter to work that day?
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A: No, she drove herself to work.
Q: How are you sure that your daughter was able to go to work that
day?
A: She called me up and told me that she has already arrived at her
office.
Q: Let us fast forward to the evening of the same date. Can you narrate
your daughter’s regular practice when she goes home from work?
A: She regularly calls me or sends me a text message, informing me
that she is on her way home.
Q: On the evening of 15 January 2019, did she contact you?

A: Yes, she did.
Q: What time did she contact you that night?

A: I received a text message at around 8:00pm. She said that she was
on her way home from work.
Q: Did she arrive home that night?

A: She did not.
Q: What did you do when she did not go home after she contacted
you?
A: I waited for a few hours for her to go home. I tried to contact her
but she was not answering her phone. I really got worried. I decided
to drive down to her office to see if she was there.
Q: When you arrived at her office, what happened?

A: I saw her car was still parked in the parking lot. I approached the
security guard on duty to inquire about the whereabouts of my
daughter.
Q: Do you know the name of this security guard?

A: Yes, he is Christopher Nepomuceno and was the one on duty that
night.
Q: What did the security guard tell you?

A: He told me that my daughter was on her way to her car when a van
blocked her way and three large‐built men came down the van and
took forcibly my daughter inside. The men had holstered pistons
and one was wearing fatigue pants. After taking my daughter, the
van swiftly drove away. My daughter dropped her things on the
parking lot.
Q: What did you do next after the guard told you that your daughter
was abducted?
A: I immediately contacted the authorities and asked them for help but
Christopher Nepomuceno previously have reported the matter to
them right after the abduction of my daughter.
Q: Were they able to help you locate your daughter?
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A: No but it was found out that a day before the date of her
disappearance, men who identified themselves as ISAFP agents had
asked about my daughter and has been noticed to have been
conducting activities in her office premises for weeks.
Q: Why do you think ISAFP agents would be asking about your

daughter?
A: My daughter has recently told me that she was currently working
on an investigative project on certain officials of the Armed Forces
of the Philippines and the ISAFP on alleged corruption and abusive
practices.
Q: Another thing, just to make it clear. Did you have any altercation
with your daughter last 15 January 2019 or days before that might
have caused her to run away or just spend time somewhere else?
A: No. My daughter and I didn't have any altercation. And knowing
my daughter’s personality and being close to her, she is not the type
to run away or go somewhere without communicating with her
family or friends.
Q: Has your daughter contacted you or any members of your

immediate family ever since her forced abduction?
A: No.
Q: Since her disappearance, and after searching the usual places she
visits, were you able to locate her whereabouts?
A: No.
Further Affiant sayeth none.
IN WITNESS WHEREOF, I have set my hand this 12th day of February 2019, City of
Cebu, Cebu, Philippines.
VICENTE DE RAMOS
Affiant

Notary Public
IBP No. 654123
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MCLE No. 96385
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Affidavit of Consent and Support for Travel of a Minor

City of Cebu ) S.S.
JOINT AFFIDAVIT OF SUPPORT
We, Jasmine Gomez and Joseph Gomez, both Filipinos, of legal ages, and both residents
of Springwoods Minglanilla, Cebu, with Residential Telephone No. (032) 4108522 and
withTax Identification Nos. (T.I.N.) 123456789 and 987654321, respectively, after
having been duly sworn in accordance with law, here by depose and state:
1. That we are the parents of Lucille May Gomez who is of legal age and a
citizen of the Republic of the Philippines and a holder of valid Philippine Passport
with No.123456 and who is going for a trip abroad specifically to the United States
this 20th day of March 2019;
2. That we are giving our full consent to our said daughter to travel abroad or
specifically to the United States;
3. That for this purpose, we have sufficient and adequate financial capacity to
support and defray the said travel and do hereby undertake to finance her trip
abroad from the application fees, airline tickets, board and lodging, pocket money
and such other expenses that she may incur so that she would neither be a burden to
the state nor at their place of destination at anytime during her trip abroad;
4. That there is no criminal case pending in court against her nor has she been
charged of subversion, rebellion, insurrection or any crime or offense involving
moral turpitude in any court of the Philippines; and
5. That we are executing this affidavit to declare the truth of the foregoing facts
and for whatever legal purpose it may serve.
IN WITNESS WHEREOF, we have set our hands this 12th day of April 2009at Makati
Jasmine Gomez Joseph Gomez

Affiant Affiant
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SUBSCRIBED AND SWORN to before me this day of March 10, 2019 the affiants are

Notary Public
Book No. __ Roll of Attorney No. 54987
Series of 2019 IBP No. 654123
MCLE No. 963852
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Contract of Lease of Real Property
CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS:
This CONTRACT LEASE, made and entered into, by and between –
Loida T. Garcia, of legal age, Filipino, married and with residence at 21 B Rajah
Matanda St. Project 4 Quezon City, Philippines, herein after referred to as “Lessor”,
‐ and ‐
Fernando P. Zamora, of legal age, Filipino, married, and with residence at 161 Rosalia
Compound, Tandang Sora, Quezon City, Philippines, hereinafter referred to as the
“Lessee”.
WITNESSETH:
Whereas, the Less or is the registered owner of a certain property located at 256 White
Plains, Quezon City, Philippines with TCT No. 457291 of the Property of Deeds for
Quezon City and the building thereon built; and
Whereas, the Lessor desires to let the said property and the Lessee desires to lease the
same.
NOW, THEREFORE, for and consideration of the covenants and stipulations herein, the
Lessor agrees to lease said property to the Lessee under the following terms and
conditions:
a. The term of the lease shall be for a period of five (5) years, beginning January 1,
2009 and ending on January 1, 2014, unless sooner terminated as herein
provided;
b. The Lessee agrees to pay monthly rentals of Forty Five Thousand (P45,000.00)
Pesos, payable in the first week of the month at the Lessor’s residence, subject to
yearly increase of 5% starting the third year of the lease.
c. The Lessee shall make an advance deposit equivalent to the rentals for three (3)
months, without interest, which shall answer for any damage to the house
resulting from the Lessee’s use and occupancy thereof or from any cause
whatsoever by the members of his family, his household help and visitors; and if
no such injury or damage is caused, the same will be applied as rentals in the last
three months of occupancy.
d. Major and minor repairs of the house, which the Lessee may desire to make, shall
be for the account of the Lessee.
e. The Lessee shall insure the house against fire, in the amount of One Million Five
Hundred Thousand (P1,500,000.00) Pesos at his expense, with the Lessor as
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beneficiary, during the period of the Lease.
f. During the lifetime of the lease, the Lessee shall be responsible for the payment
of all utility charges, such as electricity, gas, water, telephone, garage, and
collection fees and grass cutting charges and for other services.
g. The Lessee shall not sublease the premises or assign this lease, without the
written consent of the Lessor.
h. The Lessee shall not paint, make any improvements, partitions without the prior
consent of the Lessor, and if the same are made they shall be for the account of
the Lessee and shall, at the end of the lease, become the property of the Lessor,
without any right to seek reimbursement of the costs thereof.
i. If any rental as stipulated, or any part thereof, at anytime shall be in arrears or

unpaid, or if the Lessee shall at any time fail to perform or comply with any of
the covenants and condition she rein, than and in any such event, this Contract of
Lease shall automatically terminate, and the Lessee shall peacefully surrender
possession of the leased premises to the Lessor, in the same condition as when he
first entered the premises.
j. That the Lessee shall notify the Lessor at least thirty (30) days in advance should
the Lessee decide to abandon the leased premises;
k. That violation of any of the above terms and conditions will produce ipso facto
the rescission of this contract of lease.
l. Failure of the Lessor to insist on any provisions of this lease shall not be
construed as a waiver thereof. No waiver by the Lessor of any right herein
provided and as provided by law shall be valid, unless made in writing and duly
signed by the Lessor.
IN WITNESS WHEREOF, the parties hereto have signed this contract of lease this 28th
day of December, 2008, in the City of Quezon City, Philippines.
LOIDA T.GARCIA FERNANDO P. ZAMORA

Lessor Lessee
Signed in the Presence of:
JUAN G. DELA CRUZ MARIO C. FELICIANO
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ACKNOWLEDGEMENT

CITY OF CEBU ) S.S
2019, personally appeared LOIDAT.GARCIA and FERNANDO P. ZAMORA, with
Passport No. 987654 and 852741 issued on January 5, 2016 and August 6, 2017,
respectively at Cebu City, known to me to be the same person who executed the
foregoing instrument, and he acknowledged to me that the same is his free act and deed.

Notary Public
IBP No. 654123
MCLE No. 963852
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Contract to Sell
CONTRACT TO SELL
This CONTRACT TO SELL, made and executed this 12th day of March, 2009, by and
between:
Ralph Cleanone, of legal age, married to Mary Angela Cleanone, Filipino, and with
residence and postal address at 38 Maple Drive, Rockwell Village, Makati, hereinafter
referred to as the "SELLER/VENDOR":
‐AND‐
SANTO Realty Inc., a corporation duly organized under the laws of the Philippines, with
principal office at 123 Rockwell Drive, Rockwell Center, Makati City,Philippines,
represented by its President, Ernesto Pogito, hereinafter referred to as the “BUYER”.
WITNESSETH:
WHEREAS, the SELLER/VENDOR is the absolute and registered owner of a parcel of

land, including all structures and improvements thereon, consisting of One Thousand
Five Hundred (1,500) square meters, more or less, located at Bo. Hinapao 2 (now San
Jose), Antipolo, Rizal, Phase KVH 2, and covered by Transfer Certificate of Title No. P‐
143, issued by the Registry of Deeds of the Province of Rizal, and more particularly
described as follows:
"A parcel of land (Lot 25, Blk. 30 of the cons./ subd. plan Pcs‐04‐005099, being a
portion of the cons. of Lot B, Psd‐37723 & Psu‐180896, LRC Rec. No..), situated
in the Bo. of Hinapao No. 2 (now San Jose), Mun. of Antipolo, Prov. Of Rizal, Is.
of Luzon. Bounded on the NE., along line 1‐2 by Lot 23, Blk. 30 of the subd. plan,
along line 2‐3 by Juan Panganiban, on the SW., along line 3‐4 by Road Lot 25 and
on the NW., along line 4‐1 by Road Lot 30, both of the subd. plan. Beginning at a
point marked “1” on plan, being N. 86 deg. 46’ E., 2310. 50m. From BLLM No. 1,
Mun. of Antipolo, Rizal; thence S. 82 deg. 35’ E., 10.00m. to point 2; thence S. 10
deg. 32’ E., 15. 77 m. to point 3; thence N. 82 deg. 35’ W., 14.88m. to point 4;
thence N. 7 deg. 25’ E., 15.00m. to point of beginning containing an area of ONE
THOUSAND FIVE HUNDRED (1,500) SQUARE METERS..."
WHEREAS, the BUYER/ VENDEE has offered to buy and the SELLER/ VENDOR
has agreed to sell the above‐mentioned property under the terms and conditions herein
below set forth:
NOW THEREFORE, for and in consideration of the total sum of Ten Million
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(Php10,000,000.00) Philippine Currency, and of the covenants herein after set forth the
SELLER/ VENDOR agrees to sell and the BUYER/ VENDEE agrees to buy the
aforesaid property subject to the following terms and conditions:
1. The total consideration shall be Ten Million (Php 10,000,000.00) PESOS,

Philippine Currency, payable as follows:
a) The amount of THREE MILLION (Php 3,000,000.00) PESOS,

representing earnest money shall be payable by the BUYER/ VENDEE to
the SELLER/ VENDOR upon signing of this Contract to Sell;
b) The remaining balance in the amount of SEVEN MILLION

(Php7,000,000.00) PESOS, shall be paid in Cash on or before December
31, 2009;
c) In case the check representing the payment for the balance provided in
paragraph (b) hereof, is dishonored by the drawee bank, the earnest money
in the amount of THREE MILLION (Php3,000,000.00) PESOS, shall be
forfeited in favor of the SELLER/ VENDOR;
2. Capital Gains Tax and Real Estate Tax, shall be for the account of the SELLER/
VENDOR;
3. Documentary Stamps Tax, Registration Fee, registration expenses, and all other
miscellaneous fees and expenses shall be to the account of the BUYER/
VENDEE;
4. Possession to the subject property shall be delivered by the SELLER/ VENDOR

to the
BUYER/ VENDEE upon full payment of the total consideration;
Upon full payment of the total price, the SELLER/ VENDOR shall sign and execute a
DEED OF ABSOLUTE SALE in favour of the BUYER/ VENDEE. The SELLER/
VENDOR shall likewise execute and/ or deliver any and all documents, including but
not limited to the original copy of Transfer Certificate of Title, Tax Declaration and all
other documents necessary for the transfer of ownership from SELLER/ VENDOR to
the BUYER/ VENDEE.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, this 12th
day of March, 2009, at Makati City, Philippines.
Ernesto Pogito
President SANTO Realty, Inc.
BUYER/VENDEE
WITH MARITAL CONSENT:
Mary Angel Cleanone

SPOUSE OF SELLER/VENDOR
SIGNED IN THE PRESENCE OF:
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ACKNOWLEDGEMENT

CITY OF CEBU ) S.S
2019, personally appeared _______________, with Passport No. ______ issued on
________ at _______, known to me to be the same person who executed the foregoing
instrument, and he acknowledged to me that the same is his free act and deed.

Notary Public
IBP No. 654123
MCLE No. 963852
Deed of Absolute Sale
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DEED OF ABSOLUTE SALE
I, Juan G. Dela Cruz, of legal age, married to Maria C. Dela Cruz, Filipino citizen, and a
resident of 21 Esteban Abada St., Loyola Heights, Quezon City, in consideration of the
sum of Four Million Five Hundred Sixty Thousand Pesos (P4,560,000.00), to me in hand
paid by Mario C. Feliciano, of legal age, married to Belen P. Feliciano, Filipino citizen, and
resident of 129 J. P. Rizal St., Project 4, Quezon City, do hereby sell and convey unto said
Mario C. Feliciano, his heirs and assigns, a parcel of land with the improvements there of
situated in Antipolo, Rizal, and more particularly described as follows:
A PARCEL OF LAND (Lot 20 Blk 54 of consolidation subdivision plan (LRC)

Pcs‐13265, being a portion of the consolidation of Lots 4751‐A and 4751‐B (LRC)
Psd‐50533, Lot 3, Psd‐100703, Lot1, Psd‐150980, LRC Rec. Nos. Nos. N‐27024,
51768, 89632, N‐11782, N‐13466, and 21071Situated in Municipality of Antipolo,
Province of Rizal, Island of Luzon. Bounded on NE., point 4 to 1 by Road Lot 22,
on...to the point of beginning; containing an area of (2,275) square meters more or
less."
Of which I am the registered owner in accordance with the Land Registration Act, as
amended, my title thereto being evidenced by Original/ Transfer Certificate of Title No.
12345 issued by the Register of Deeds of Antipolo, Rizal.
IN WITNESS WHEREOF, I have hereunto signed these presents at the Quezon City
this 4thday of April, 2009.
JuanG.DelaCruz Mario C.Feliciano

Seller Buyer
With Marital Consent:
MariaC.DelaCruz Belen P.Feliciano

Seller’sSpouse Buyer’sSpouse
Loida T. Garcia Fernando G. Zamora
ACKNOWLEDGEMENT

CITY OF CEBU ) S.S
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Notary Public
IBP No. 654123
MCLE No. 963852
Deed of Donation
DEED OF DONATION
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This DEED OF DONATION, entered into by and between:
Loida T. Garcia, DONOR, Filipino, of legal age, single, with post office address at 21 B
Rajah Matanda St. Project 4 Quezon City, Philippines;
‐and‐
Fernando P. Zamora, DONEE, Filipino, of legal age, single, with post‐office address at
161 Rosalia Compound, Tandang Sora, Quezon City, Philippines.
WITNESSETH:
That the DONOR is the absolute owner of that certain real property situated at No. 1
Lino St., Aquino Subdivision, Ubihan, Quezon City and more particularly described in
Transfer Certificate of Title No. T‐ 4575 of the Register of Deeds of Quezon City, as
follows:
TRANSFER CERTIFICATE OF TITLE NO. T‐4575
A parcel of land, lot 3245‐Y, CSD‐2281, situated in the Barrio of Ubihan, Quezon
City. Bounded on the N.E., along line 1‐2, by property of Mariano Tancinco ( lot1,
psu‐1111887); and along line 2‐3, by lot 2 of plan Psu‐123948; on the S., along line
3‐4, by property of Tom Timpo, on the S.W., along line 4‐5, by lot 1 of plan Psu‐
123948; and along 5‐6 by property of Mariano Tancinco (Lot2,Psu‐1111887), and
on the N.W., along line 6‐1, by property of Joaquina Santiago, containing an area
of 1,095 square meters and covered by Tax Declaration No. 3829.
NOW THEREFORE, for and in consideration of the love and affection of the DONOR
for the DONEE who has lovingly dedicated five (5) years of her life as the former’s
personal care giver, the said DONOR by these presents does hereby TRANSFER AND
CONVEY by way of DONATION, unto the said DONEE, the above‐mentioned real
property, free from all kind so liens and encumbrances whatsoever.
That the DONOR hereby states that, for the purpose of giving effect to the donation, she
has reserved for herself fin full ownership sufficient property to support him in a manner
appropriate to his needs.
ACCEPTANCE
That the DONEE does hereby accepts the foregoing donation of the above‐described
property for which he expresses her sincerest appreciation and gratitude for the kindness
and liberality shown by the DONOR.
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IN WITNESS WHEREOF, the parties hereto have signed these presents, at Quezon
City, this 23rd day of February, 2009.
Loida T. Garcia Fernando P. Zamora

Donor Donee
Juan C. Dela Cruz Mario C. Feliciano
ACKNOWLEDGEMENT

CITY OF CEBU ) S.S
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal,

Notary Public
IBP No. 654123
MCLE No. 963852
Special Power of Attorney
SPECIAL POWER OF ATTORNEY
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I, KELLY‐KELLY D. TINITRIM, of legal age, single, Filipino, with residence at 123
Malago St., Project 2, Quezon City, do hereby name, constitute and appoint PEDRO
PENDUKO, of legal age, and with residence at 69 Naligaw St., Project 4, Quezon City,
to be my true and lawful Attorney‐in‐Fact and in my name, place and stead, do and
perform the following specific act:
To make, sign, execute, and deliver and all documents and other writings in my
name of whatever nature or kind, including but not limited to my mortgage or
encumbrance, in connection with my auto loan with the Bank of the
Philippine Islands Makati Branch and/or any bank or financial institution.
HEREBY GIVING AND GRANTING unto my said attorney‐in‐fact, or her substitute

full power and authority to do and perform every lawful act and thing whatsoever
requisite or necessary or proper to be done in the premises, as fully to all intents and
purposes as we ought or could lawfully do if personally present, and hereby ratifying and
conforming all our said Attorney‐in‐fact shall do or cause to be done under and by virtue
of these presents.
IN WITNESS WHEREOF, I have hereto set my hand this 26th day of February 2009 at
Quezon City.
KELLY‐KELLY D. TINITRIM
Principal
Conforme:
PEDRO PENDUKO
Attorney‐in‐Fact
Signed in the presence of:
KIMCHIU GERALDANDERSON
ACKNOWLEDGEMENT

CITY OF CEBU ) S.S
24 | P a g e
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal,

Notary Public
IBP No. 654123
MCLE No. 963852
Complaint‐Affidavit (Simple Affidavit Format)

Makati City, Metro Manila ) S.S.
25 | P a g e
COMPLAINT‐AFFIDAVIT
I, MARIA M. LOPEZ, of legal age, Filipino, with home address at 4 Private Drive,
Hoggy Village, Makati City, after being sworn to in accordance with law, hereby depose
and state that:
I am the owner of a blue Pilot ballpen as evidenced by an official receipt

issued by the Office Warehouse herein attached as Annex “A”;
The accused, RAMON A. SANTA MARIA is my neighbor, residing at 5

Private Drive, Hoggy Village, Makati City;
On April 27, 2008, around 9p.m., while looking out from the 2 nd floor
window, I noticed that the accused is sneaking out of our house through the
back door carrying a blue Pilot ballpen;
On April 28, 2008, around 8a.m., I went to the house of the accused to
confront him of the incident that occurred in the previous night;
I noticed that a blue Pilot ball pen similar to mine was being used by
RAMONA A. SANTA MARIA, the daughter of the accused, however, he
vehemently claimed that he is the owner of the pen;
Prior resort to the Barangay conciliation system proved fruitless as the

accused denied the allegations; consequently, a “Certification to File Action”
was issued by the Barangay Secretary, a copy of which is attached as Annex
“B”;
Upon consultation with my lawyer, I understand that the acts of the accused
qualify for THEFT punishable under Article 308 of the Revised Penal Code;
Article 308 of the Revised Penal Code provides that THEFT is committed by
any person who, with intent to gain but without violence against or
intimidation of persons nor force upon things, shall take personal property of
another without the latter’s consent; and
I am executing this affidavit to attest to the truth of the foregoing facts and for
the purpose of filing a criminal complaint for THEFT against the accused.
INWITNESS WHEREOF, I have hereunto set my hand this 30th day of April 2008 at
Makati City.
MARIA M. LOPEZ
26 | P a g e
Affiant/ Complainant

Notary Public
IBP No. 654123
MCLE No. 963852
Complaint‐Affidavit (Pleading Format)
REPUBLIC OF THE PHILIPPINES

OFFICE OF THE PROSECUTOR
27 | P a g e
MARIA M. LOPEZ,
Complainant,
‐versus‐
RAMON A. SANTAMARIA,
Respondent.
xx‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐xx
I.S. No. ___________

For: Theft
COMPLAINT‐AFFIDAVIT
I, MARIA M. LOPEZ, of legal age, Filipino, with home address at 4 Privet Drive,
Hoggy Village, Makati City, after being sworn to in accordance with law, hereby depose
and state that:
1. I am the owner of a blue Pilot ballpen as evidenced by an official receipt issued

by the Office Warehouse herein attached as Annex “A”;
2. The accused, RAMON A. SANTAMARIA is my neighbor, residing at 5 Privet

Drive, Hoggy Village, Makati City;
3. On April 27, 2008, around 9p.m., while looking out from the 2nd floor window, I
noticed that the accused is sneaking out of our house through the back door
carrying a blue Pilot ballpen;
4. On April 28, 2008, around 8a.m., I went to the house of the accused to confront
him of the incident that occurred in the previous night;
5. I noticed that a blue Pilot ball pen similar to mine was being used by RAMONA
A. SANTAMARIA, the daughter of the accused, however, he vehemently
claimed that he is the owner of the pen;
6. Prior resort to the Barangay conciliation system proved fruitless as the accused
denied the allegations, consequently, a “Certification to File Action” was issued
by the Barangay Secretary, a copy of which is attached as Annex B;
7. Upon consultation with my lawyer, I understand that the acts of the accused
qualify for THEFT punishable under Article 308 of the Revised Penal Code;
8. Article 308 of the Revised Penal Code provides that THEFT is committed by any
person who, with intent to gain but without violence against or intimidation of
persons nor force upon things, shall take personal property of another without the
latter’s consent;
9. I am executing this affidavit to attest to the truth of the foregoing facts and for the
purpose of filing a criminal complaint for THEFT against the accused.
28 | P a g e
TO THE TRUTH OF THE FOREGOING, I have signed this Complaint‐Affidavit on
April 30, 2008.
MARIA LOPEZ
Affiant
SUBSCRIBED and SWORN TO BEFORE ME, this 30th day of April 2008 at Makati
City.
IMBES T. GADOR
Investigating Prosecutor
CERTIFICATION
I hereby certify that I have personally examined the Affiant and that I am satisfied that
she voluntarily executed and understood her Affidavit.
IMBES T. GADOR
Investigating Prosecutor
Counter‐Affidavit

OFFICE OF THE PROSECUTOR
29 | P a g e
Makati City
MARIA M. LOPEZ,
Complainant,
‐versus‐
RAMON A. SANTAMARIA
Respondent.
xx‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐xx
I. S. No. 11211
For: Theft
COUNTER AFFIDAVIT
I, RAMON A. SANTAMARIA, of legal age, Filipino, with home address at 5 Privet

Drive, Hoggy Village, Makati City, after being sworn to in accordance with law, hereby
depose and state that:
1) I am the neighbor of MARIA M. LOPEZ who resides at 4 Privet Drive, Hoggy

Village, Makati City;
2) I recently learned that I have been made a respondent in I.S. No. 11211, a charge for
THEFT filed by MARIA M. LOPEZ on April 30, 2008 before the Office of the City
Prosecutor of Quezon City;
3) On May 15, 2008, I received a Subpoena from said Office requiring me to submit a
Counter‐ Affidavit within ten (10) days from such receipt;
4) The charge is based on the allegation that I sneaked into the house of MARIA M.
LOPEZ on April 28, 2008, 9 p.m., and steal her blue Pilot ballpen;
5) To rebut the allegations of MARIA M. LOPEZ, I hereby as Annex A and B

respectively, my passport and a plane ticket issued by the Philippine Airlines;
6) The attached passport and plane ticket will indicate that I left for China on April 20,
2008 only to return on April 29, 2008, it is therefore, impossible for me to commit
the acts alleged by MARIA M. LOPEZ;
7) Considering the foregoing, I respectfully pray that I be acquitted of the crime of

THEFT wrongfully imputed upon me by MARIA M. LOPEZ.
TO THE TRUTH OF THE FOREGOING, I have signed this Counter‐Affidavit on May

20, 2008.
30 | P a g e
RAMON A. SANTAMARIA
Affiant
SUBSCRIBED and SWORN TO BEFORE ME, this 20th day of May 2008 at Makati
City.
CONSEN T. DOR
City Prosecutor
CERTIFICATION
I hereby certify that I have personally examined the Affiant and that I am satisfied that
he voluntarily executed and understood his Affidavit.
CONSEN T. DOR
City Prosecutor
Information with Certificate of Inquest (Theft)
31 | P a g e
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
MAKATI CITY, BRANCH __
PEOPLE OF THE PHILIPPINES,

Plaintiff,
‐versus‐ Criminal Case

No.80688‐00
For: Theft
WILLIAM GOCON,
Accused.
x------------------------x
INFORMATION
The undersigned accuses WILLIAM GOCON of the crime of theft, committed as

follows:
That on or about the month of January, 2008 in the City of Makati, Republic of the
Philippines and within the jurisdiction of this Honorable Court, the above named accused
WILLIAM GOCON being the employee of SLAZEN BALL INC. Incharge of operation
of the machines for the production of tennis balls with intent to gain, with grave abuse of
confidence, did then and there willfully, unlawfully and feloniously take, steal and carry
a way six thousand (6,000) pieces of tennis balls produced by the machines valued at
Three Hundred Fifty thousand Pesos (P350,000.00), without the knowledge and consent
of SLAZENBALL INC. To its damage and prejudice.
CONTRARY TO LAW.
ROGER MAMARIL
Assistant City Prosecutor
CERTIFICATION AS TO CONDUCT OF INQUEST
I here by certify that the accused was lawfully arrested without a warrant and that, upon
being informed of his rights, refused to waive the provisions of Article 125 of the Revised
Penal Code and,for this reason, an Inquest was conducted; that based on the complaint
and the evidence presented before me without any countervailing evidence submitted by
the accused, despite opportunity to do so, there is reasonable ground to believe that the
accused has committed the crime of theft and should, thus, be held for said crime; that
this Information was with the prior authority of the City Prosecutor.
ROGER MAMARIL
Assistant City Prosecutor
32 | P a g e
SUBSCRIBED AND SWORN TO BEFORE ME this 17th day of February 2009 in
Makati City, Metro Manila, Philippines.
BEN BENAVIDES
City Prosecutor
Complaint for Sum of Money
Republic of the Philippines

National Capital Judicial Region
33 | P a g e
REGIONALTRIALCOURT
Branch ,
Muntinlupa City
Isidore Y. Labrador,
Plaintiff,
Civil Case No.
‐versus‐ For: Sum of Money
Francis Arispacochaga,
Defendant.
x ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ x
COMPLAINT
PLAINTIFF, by counsel, respectfully states that:
The Parties
1. Plaintiff is a Filipino, of legal age, and resident of No. 123 Madrigal Avenue, Ayala
Alabang Village, Muntinlupa City;
2. Defendant is also a Filipino, of legal age and resident of No. 452 Damade Noche
Street, Ayala Alabang Village, Muntinlupa City where he may be served with
summons and other court processes.
The Facts
1) Sometime in March 15, 2004 and over a period of six (6) months, defendant
borrowed certain amounts from plaintiff. Defendant promised to pay these amounts
on an installment basis monthly.These amounts now total Four Million Pesos
(P4,000,000.00).
2) Despite repeated demands, both oral and written, defendant failed or has refused to
pay any amount to plaintiff as no installment payment has ever been made. A copy
of each of plaintiff’s two (2) demand letters is attached as ANNEX “A” and “B” and
made an integral part of this complaint, respectively.
3) Resort to the Barangay Conciliation process proved fruitless as defendant failed to

appear despite notice on him to appear. Thus, a Certification to File Action, a copy
of which is attached as ANNEX “C” and made an integral part of this complaint, was
issued by the Barangay Chairman.
4) Defendant's obligation is due and demandable and plaintiff is entitled to the payment
of the entire amount of Five Million Six Hundred Thousand Pesos (P5,600,000.00)
plus legal interests.
5) By reason of defendant’s unreasonable failure or refusal to pay his due and

demandable obligation, plaintiff was forced to engage the services of counsel to
34 | P a g e
vindicate his rights thereby committing himself to pay legal expenses amounting to
Ninety Thousand Pesos (P90,000.00).
Prayer
WHEREFORE, plaintiff respectfully prays for judgment in his favor through a Decision
directing defendant to pay him FIVE MILLION SIX HUNDRED THOUSAND PESOS
(P5,600,000.00), with legal interest as ACTUAL DAMAGES and NINETY
THOUSAND PESOS (P90,000.00) as Attorney's Fees.
Plaintiff prays for such other and further reliefs as may be deemed just and equitable in
the premises.
Muntinlupa City, June 28, 2008.
Demetria Sandoval
Counsel for Plaintiff
VERIFICATION AND CERTIFICATION
I, Isidore Y. Labrador, of legal age, after having been duly sworn, depose and state
that:
I am the Plaintiff in the foregoing Complaint for Sum of Money.
I caused the preparation of the Complaint, which I have fully read and understood.
I hereby affirm that all factual allegations contained in said Complaint are true and
correct of my own personal knowledge and belief, as well as true and correct on the basis
of authentic documents and records in my possession.
I certify that I have no thereto fore commenced any action or filed any claim involving
the same issues in any court, tribunal, or quasi‐judicial agency.
If I should hereafter learn that any other similar action or claim has been filed or is
pending, I shall report that fact within five (5) days from knowledge thereof to this
Honorable Court.
ISIDORE Y. LABRADOR
Plaintiff
Answer (With Counterclaim)

National Capital Judicial Region
35 | P a g e
REGIONAL TRIAL COURT
Branch 123, Muntinlupa City
ThomasCruz,Jr.,
Plaintiff,
Civil Case No. 09‐12345
Brandon Petey Pablo,

Defendant.
x ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ x
ANSWER
(With COUNTERCLAIM)
DEFENDANT, through counsel, by way of answer to plaintiff’s complaint, respectfully

states that:
Admissions/Denials
1. Head meets the allegations in paragraph 2 of the Complaint regarding his personal
circumstances;
2. He is without knowledge or information to form a belief as to the truth of the

allegations in paragraphs1,4,5,and 6 of the Complaint;
3. He specifically denies each and every material allegation in paragraph 3 of the

Complaint, since such allegations are maliciously false and meant only to unjustly
enrich Plaintiff at Defendant’s expense. The truth is the principal obligation amounts
to only Six Hundred Thousand Pesos (P600,000.00), but due to unconscionable
interests, excessive penalties and other charges, Defendant was deceived into signing
a receipt that showed, as Defendant much later on learned, the aggregate amount of
indebtedness to be Nine Hundred Thousand Pesos (P900,000.00), inclusive of the
unconscionable interests, excessive penalties, and other charges;
Special and Affirmative Defenses
1) The complaint does not state a cause of action and is a shamp leading;
2) On or about June 28, 2005, Defendants incurred an indebtedness of Three Hundred

Fifty Thousand Pesos (P350,000.00) with Plaintiff;
3) Due to a close and long relationship with Plaintiff, Defendant was deceived into
signing a receipt which he thought contained only a reasonable rate of interest per
Defendant’s oral agreement with Plaintiff;
4) Upon securing a copy of the receipt much later, Defendant discovered to his utter
surprise that the rate of interest indicated on the receipt is five (5%) percent per
36 | P a g e
month, or sixty (60%) percent per annum;
5) Defendants were perplexed that their indebtedness continued to increase despite the
fact that they had already paid Plaintiff the following amounts: P150,000.00 on July
12, 2005 and P250,000.00 on September 8, 2008, more than the principal obligation
of P350,000.00.
[Photocopies of payment receipts are hereto attached as Annexes “A” to “A‐9” and are
made an integral part of this Answer.]
Counterclaim
Defendant additionally submits that he is entitled to relief arising from the filing of this
malicious and baseless suit, as follows:
1. Moral Damages amounting to Fifty Thousand Pesos (P50,000.00) because his name
and reputationwerebesmirchedbythismaliciousandbaselesssuit.
2. Despite full payment by Defendant of the principal obligation, Plaintiff has instituted
the instant malicious suit which compelled Defendant to engage the services of
counsel, in order to protect Defendant’s interests, for an agreed professional fee of
P200,000.00, plus an appearance fee of P5,000.00 per hearing.
3. Defendants also incurred other litigation expenses in the sum of P50,000.00. For all
of said fees and litigation expenses, Plaintiff should be adjudged liable to Defendant.
WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by

dismissing the Complaint and granting defendant's counterclaim by awarding defendant:
(a) Fifty Thousand Pesos (P50,000.00) as Moral Damages, and (b) Two Hundred
Thousand Pesos (P200,000.00) plus Five Thousand Pesos (P5,000.00) for every hearing
attended by Defendant’s counsel as Attorney's Fees.
Other just and equitable reliefs are prayed for. Quezon City for Muntinlupa City, October
11, 2007.
MARICEL X. TOLENTINO
Counsel for Defendant
89 Mindanao Ave., Quezon Cit
Attorney’s Roll No. 56247
IBP No. 015456/ January 15, 2008/ Quezon City
PTR No.014523/ January 20, 2008/ Quezon City
MCLE No. 854265/ January 8, 2008
(Verification and Certification against Forum Shopping)

Copy furnished through personal service:
37 | P a g e
Atty. Demetria Sandoval
Counsel for the Plaintiff
5th Floor, Madrigal Business Tower
Madrigal Business Center
Alabang, Muntinlupa City
PROOF OF SERVICE
I, Primitivo Santos, messenger for Atty. Maricel Tolentino, herein counsel for
Defendant Brandon Petey Pablo, hereby certify that I personally delivered Defendant’s
Answer dated October 11, 2007 to Plaintiff Thomas Cruz, Jr. with address at No. 217
Pacific Avenue, Pacific Village, Alabang, Muntinlupa City. The Answer was received by
plaintiff himself.
PRIMITIVO SANTOS

Notary Public
IBP No. 654123
MCLE No. 963852
Copy furnished through registered mail:
Atty. Demetria Sandoval

Counsel for the Plaintiff
5th Flr. Madrigal Business Tower
Madrigal Business Center
Alabang, Muntinlupa City
Registry Receipt No. 1234
Muntinlupa City Post Office
Date: October 15, 2007
EXPLANATION
(Pursuant to Section 11, Rule 13, 1997 Rules of Civil Procedure)
38 | P a g e
A copy of the foregoing Answer was served on Plaintiff’s counsel by registered mail due
to time constraints and lack of messenger to effect personal service.
Atty. Maricel Tolentino

Pre‐Trial Brief
39 | P a g e
NationalCapitalJudicialRegion
REGIONALTRIALCOURT
Branch 53, Pasig City
Katrina Olmes,
Plaintiff,
Civil Case No. 07‐34567
Angelina JolinaMagdangal,
Defendant.
x ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ x
PRE‐TRIAL BRIEF
DEFENDANT, through counsel, respectfully submits her Pre‐Trial Brief, as follows:
I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND

POSSIBLE TERMS OF ANY SUCH SETTLEMENT
i. Subject to a concrete proposal that is fair and reasonable and a reciprocal

manifestation of openness from plaintiff, defendant is open to the possibility of
amicably settling this dispute.
ii. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, defendant respectfully
submits that the desired terms of any amicable settlement would involve, first, a
clarification of the actual extent of any obligation due and owing to plaintiff
inasmuch as there is nothing to indicate defendant’s obligations to plaintiff and,
second, a schedule of payments.
II. BRIEF STATEMENT OF CLAIMS AND DEFENSES
i. Plaintiff seeks principally to recover the amount of One Million Pesos

(P1,000,000.00) with interest at twelve percent (12%) arising allegedly from
unpaid orders delivered to defendant.
ii. Defendant resists plaintiff’s claims based on a failure to state a cause of a ction
because of:
a) Plaintiff's lack of personality to sue and, therefore, not being there a party in
interest under Rule 3, section 2 of the 1997 Rules of Civil Procedure;
b) Extinguishment of the alleged claim made by the defendant on May 28,

2007.
c) Defendant also interposed a compulsory counterclaim for Fifty Thousand
Pesos (P50,000.00) for moral damages and Two Hundred Thousand Pesos
(P200,000.00) as attorney's fees.
40 | P a g e
III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES
i. Defendant admits only those facts stated in his Answer, i.e. ,her personal
circumstances, receipt of the demand letter dated January 10, 2007 and her reply
to the demand letter.
ii. Subject to a concrete proposal for stipulation of additional facts from plaintiff
during pre‐trial or even thereafter, defendant admits no other facts stated in the
Complaint.
IV. ISSUES TO BETRIED
i. Defendant submits that the following issues put forward by plaintiff are subject
to proof:
a) Plaintiff's personality to seek legal relief;
b) Plaintiff's entitlement to the amount claimed;
ii. Defendantsubmitsthatthefollowingissuessheputforwardaresubjecttoproof:
c) Plaintiff's bad faith in filing this suit;
d) Defendant's entitlement to the claims made in her Compulsory Counterclaim

as a result of plaintiff’s bad faith;
V. EVIDENCE
i. Defendant intends to present the following witnesses:
a) Defendant herself who will testify on the true circumstances leading to the
filing of this suit against her;
b) An employee of defendant with personal knowledge as to the true

circumstances behind the alleged obligations due and owing in favor of
plaintiff.
ii. Defendant reserves the right to present any and all documentary evidence which
shall become relevant to rebut plaintiff's claims in the course of trial as well as
any other witnesses whose testimony will necessary.
VI. RESORT TO DISCOVERY
i. Considering the relatively simple issues presented, defendant does not intend to
avail of discovery at this time.
ii. Subject, however, to a concrete and reasonable request for discovery from
plaintiff, defendant reserves the right to resort to discovery before trial.
41 | P a g e
RESPECTFULLY SUBMITTED, this 8th day of August 2007, Pasig City.
MARICEL X. TOLENTINO
89 Mindanao Ave., Quezon City
Attorney’s Roll No. 56247
IBP No. 015456/ January 15, 2008/ Quezon City
PTR No. 014523 /January 20, 2008/ Quezon City
MCLE No. 854265/ January8,2008
NOTICE OF HEARING
THE BRANCH CLERK OF COURT

Regional Trial Court Branch 53, Pasig City
Please submit the foregoing Motion to the Court for its consideration and approval
immediately upon receipt hereof and kindly include the same in the court's calendar for
hearing on August 25, 2007 at 8:30 in the morning.
Atty. Maricel Tolentino

PAGE 234
Memorandum
42 | P a g e
NATIONAL CAPITAL JUDICIAL
REGION REGIONAL TRIALCOURT
Branch 256, Muntinlupa City
ASTRO CHEMICAL COUNTRY, INC.,

Plaintiff,
‐versus‐ Special Civil Case No. 02‐001

For: Interpleader with Damages
BANK OFAMERICA NT &SA,
BENEDICTINE ABBEY LIM and RICARDO DEMESA,
Defendants,
x‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐x
MEMORANDUM
(WITH FORMAL ENTRY OF APPEARANCE)
The undersigned law firm most respectfully enter sits appearance as counsel for the
Plaintiff ASTRO CHEMICAL COUNTRY, INC., (ACCI for brevity) in the above‐
entitled case. Hence forth, it is most respectfully prayed that all notices and other legal
processes be sent to and furnished the undersigned at the address indicated herein below.
AND BY WAY OF MEMORANDUM –
Plaintiff ACCI, thru the undersigned counsel and unto this Honorable Court, respectfully
submits this MEMORANDUM in compliance with the 23 February 2009 Order of this
Honorable Court which was received by plaintiff on 06 March 2009, requiring the parties
to file their respective Memoranda within thirty (30) days from receipt or until 05 April
2009 as for plaintiff.
THE PARTIES
Plaintiff Astro Chemical Country Inc. (ACCI) is a domestic, non‐profit corporation with
principal office at Country Club Drive, Ayala Alabang Village, Alabang, Muntinlupa
City. It operates and maintains a country club and various sports facilities for the
exclusive use of its members. It may be served with notices and other legal processes of
this Honorable Court through the undersigned counsel in Unit 314, Ateneo Professional
Schools Building, Rockwell Drive, Rockwell Center, Makati City.
Defendant Bank of America, National Association (Bank of America) is a national

banking association organized and existing under and by virtue of the laws of the United
States of America, and duly licensed to do business in the Philippines through its branch
office at Philam life Tower Building, 27th Floor, 8767 Paseo de Roxas, Makati City.
Defendant Benedictine Abbey Lim is of legal age, Filipino and a resident of Cluster
E134, Alexandria, Meralco Avenue, Pasig City.
43 | P a g e
Defendant Ricardo M. de Mesa is of legal age, Filipino and a resident of Suite 1901, Parc
Chateau, Ortigas Center, Pasig City.
STATEMENT OF THE CASE
This is a Special Civil Action for Interpleader with Damages under Rule 62 of the Rules
of Court. Said special civil action is proper whenever there are conflicting claims upon
the same subject matter against a person who claims no interest in the same, or an
interest which in whole or in part is not disputed by the claimants; such person may bring
an action against the conflicting claimants to compel them to interplead and litigate their
claims among themselves.
On 13 December 2001, plaintiff ACCI filed a Complaint in Interpleader with Damages

by reason of the conflicting claims between defendant Bank of America and defendants
Benedictine Lim and Ricardo de Mesa, as to the ownership of ACCI Share Nos. B‐0843
and B‐0844. Defendant Bank of America sustains the view that defendants Lim and de
Mesa are not the owners of the subject ACCI shares by reason of the nullity of the levy
and sale of the said shares. Where as, defendants Lim and de Mesa are of the view that
they are entitled to the transfer of the subject shares in their names as they are the legal
owners of the subject shares by reason of the Sheriff’s Certificate of Sale issued to them.
On 11 March 2002, defendant Bank of America filed its Answer to the Complaint filed
by plaintiff ACCI. The bank contended that by reason of the nullity of the Order under
which the writ of execution favor of American Realty Corporation and directed against
the bank was issued, the said writ, as well as the levy and sale of the bank’s personal
properties, including the subject ACCI shares are also null and void. It further contended
that the sheriff’s sale of the subject ACCI shares was likewise null and void since the
judgment sought to be executed has already been fully paid and satisfied. In fact, in a
letter dated 25 September 2001 sent by Bank of America through its counsel addressed
to ACCI, it was stated there in that by reason of the Compromise Agreement and
Satisfaction of Judgment executed by and between American Realty Corporation and
Bank of America and filed with the Supreme Court as well as the Regional Trial Court of
Pasig, Branch 159, Bank of America requested ACCI not to record any transfer or
disposition of the subject ACCI shares in the corporate books until after there solution of
the Motion to Quash the Writ of Execution.
On 22 May 2002, defendant Lim filed his Answer with Counterclaim and Crossclaim
against defendant Bank of America. He contended that an interpleader is an improper
remedy to resist the transfer of the share of stock in his favor. He further contended that
an interpleader is improper as the validity of the auction and sheriff’s certificateo f sale
was never assailed or invalidated. According to him, the continued refusal of the
Corporate Secretary to effect the transfer of one of the subject ACCI shares in his favor
are clear indications of bad faith of ACCI considering the fact that the Board of Directors
of ACCI was strongly influenced by its then Chairman, Atty. Maestro San Felipe–father
of one of the handling lawyers of the defendant Bank of America.
On 17 June 2002, defendant Bank of America filed its Reply and Answer to defendant
Lim’s Crossclaim reiterating its claim that the sale and levy of the ACCI share to
defendant Lim was null and void.
On 14 July 2004, defendant Bank of America filed its Manifestation and Urgent Motion
to Suspend Proceedings holding that the validity of the Compromise Agreement be first
44 | P a g e
resolved before the present action for interpleader may proceed. However, the said
motion was denied on the ground that the appellate court has no jurisdiction over this
case as defendants Lim and de Mesa are not privy to the proceedings before the appellate
court.
On 12 November 2007, plaintiff ACCI filed its Memorandum reaffirming its previous
argument that the present special civil action in interpleader is proper as any decision as
to who between the defendants is entitled to the subject ACCI shares is best left to the
sound discretion of the court.
On 03 December 2007, defendant Lim likewise filed his Memorandum reiterating his
claim that there is no reason for plaintiff ACCI to withhold the transfer of the subject
ACCI share in his name as he is an innocent purchaser for value of the same.
STATEMENT OF THE FACTS
As culled from the Plaintiff ACCI’s Complaint dated 13 December 2001, the following
are the factual antecedents of the case:
ACCI is engaged in the operation and maintenance of a country club for the exclusive
use of its members and their guests. Its stocks are divided into Two Thousand Five
Hundred shares (2,500) consisting of nine (9) Founder’s shares and Two Thousand Four
Hundred Ninety‐one (2,491) common shares, which is further divided into One
Thousand Seven Hundred Forty‐one (1,741) class “A” and Seven Hundred Fifty (750)
class “B” shares. Two of these class “B” shares, namely Share Nos. B‐0843 and B‐0844
acquired for the amount of One Million Sixty Seven Thousand Pesos (Php1,067,000.00),
were allegedly owned by the Defendant Bank of America.
On 24 August 2001, ACCI received a Notice of Garnishment 10 dated 21 August 2001

issued by the Sheriff of the Regional Trial Court, Branch 159, Pasig City in relation with
the Writ of Execution 11 dated 23 April 2001 issued by the said court in Civil Case No.
62883 entitled, “American Realty Corporation vs. Bank of America, NT & SA.” Said
Notice of Garnishment advised ACCI not to deliver, transfer or otherwise dispose of the
ACCI shares or stocks which are under its control and possession belonging to the Bank
of America. By the said Notice of Garnishment, the said ACCI shares of stocks in the
name of Bank of America were garnished in order to satisfy the judgment award against
the latter in favor of American Realty Corporation. The Notice of Garnishment and the
Writ of Execution were both annotated in the books of ACCI.
On 07 September 2001, ACCI received a Notice of Sheriff’s Sale12 dated 05 September

2001 notifying ACCI that defendant Bank of America’s two (2) ACCI Class B shares
with Certificate Nos. B‐0843 and B‐0844 will be sold at a public auction. By way of a
Certificate of Sale 13 dated 14 September 2001, ACCI was informed that ACCI Share
Nos. B‐0843 and B‐0844 were sold to defendants Lim and de Mesa, respectively.
Following the sale, ACCI was requested by Lim in his letter dated 28 September 2001 to
make the necessary arrangements for the transfer of ACCI Share No. B‐0843 in his name
as soon as possible. Likewise, a similar request to effect the transfer of Share No.B‐0844
in de Mesa’s name was made by him.
Meanwhile, ACCI received a letter from defendant Bank of America’s counsel dated 25
September 2001 requesting ACCI not to record any transfer pertaining to ACCI Share
45 | P a g e
Nos.B‐0843 and B‐ 0844 until after the Motion to Quash the Writ of Execution 14 dated
20 August 2001 was resolved with finality by the trial court. It is provided for in said
letter that American Realty Corporation it self caused the filing of the Motion to Quash
the Writ of Execution, there by signifying its lack of interest to pursue any execution or
garnishment proceedings against Bank of America in view of the full and final settlement
of Bank of America’s monetary obligation by virtue of the Compromise Agreement 15
dated 20 November 2000 entered into by and between Bank of America and American
Realty Corporation, as corroborated by the Satisfaction of Judgment 16 dated 21
November 2000 and approved by the Supreme Court on 31 January 2001.
In an other letter dated 03 October 2001, counsel for Bank of America reiterated its
request to hold in abeyance there cordation of the transfer of the above mentioned ACCI
Shares to defendants Lim and de Mesa by virtue of the Amended Decision dated 02
October 2001 rendered by the Court of Appeals in CA‐GRSP Nos. 6419 and 6449
entitled, “American Realty Corp. And Bank of America vs. Hon. Rodolfo R. Bonifacio,
Presiding Judge Br. 159, RTC, NCJR Pasig, et.al., ”the dispositive portion of which
reads as follows:
“WHEREFORE, the Motion for Reconsideration is hereby GRANTED. The

Decision of this Court promulgated on August 7, 2001 is SET ASIDE.
Respondent Court or any of its agents is enjoined from enforcing and
implementing the Writ of Execution until it shall have determined the validity and
efficacy of the compromise agreement.”
In light of the said Amended Decision of the Court of Appeals, ACCI informed
defendants Lim and de Mesa in separate letters both dated 02 November 2001 that it will
be holding in abeyance the records of the transfer of above ACCI Shares in their names.
However, in a letter dated 05 November 2001, defendant Lim reiterated his demand for
the recordation of the transfer of ACCI Share No. B‐0843 in his favor, arguing that the
above‐stated Amended Decision of the Court of Appeals did not invalidate the sale of the
said share of stock in his favor. A similar demand was made by defendant de Mesa
arguing that the injunctive writ issued by the Court of Appeals in its Amended Decision
did not affect his purchase of ACCI Share No. B‐0844 as the same was already
complied.
In view of all the foregoing, ACCI cannot effectively determine who, as among the
defendants herein are entitled to be registered as owners of ACCI Share Nos.B‐0843 and
B‐0844. Hence, ACCI was constrained to bring this Special Civi lAction for Interpleader
with Damages to compel defendants Lim and de Mesa on one hand and defendant Bank
of America on the otherhand, to interplead and litigate their conflicting claims among
themselves, pursuanttoRule62ofthe1997RulesofCivilProcedure.
STATEMENT OF THE ISSUES
I. INTERPLEADER IS THE PROPER REMEDY AS THERE ARE

CONFLICTING CLAIMS AS TO THE OWNERSHIP OF THE SUBJECT
ACCI SHARES
II. A CORPORATION CANNOT BE COMPELLED TO EFFECT

TRANSFER OF SHARES WHEN THE TRANSFEREE’S TITLE TO SAID
SHARES HAS NO PRIMA FACIE VALIDITY OR IS UNCERTAIN
46 | P a g e
III. PLAINTIFF ACCI CANNOT BE HELD LIABLE FOR MORAL AND
EXEMPLARY DAMAGES, AS WELL AS ATTORNEY’S FEES
IV. PLAINTIFF ACCI IS ENTITLED TO RECOVER ATTORNEY’S FEES

AND LITIGATION COSTS AS ARESULT OF THE FILING OF THE
INSTANT CASE
ARGUMENTS / DISCUSSIONS
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed unto this

Honorable Court that an Order beis sued resolving the conflicting claims of herein
Defendants Benedict Lim and Ricardo de Mesa on one hand and Bank of America on the
other hand and that the losing party be ordered to pay Plaintiff ACCI TWO HUNDRED
FIFTYT HOUSAND PESOS (Php250,000.00) as Attorney’s fees and Litigation costs.
Other reliefs as may be deemed just and equitable under the premises are likewise prayed
for.
RESPECTFULLY SUBMITTED.
City of Makati for Muntinlupa, Philippines, 03 April 2009.
SANTO LAW OFFICE

Counsel for Plaintiff
Rm 314, Ateneo Professionals Schools Building
Rockwell Drive, Rockwell Center,
Makati City By:
JONATHAN FRANCIS NEPOMUCENO

PTR No. 5111037
Roll No.6357
IBP No.12345
MCLE No. 1246
MA. ANGELA LEONOR AGUINALDO

PTR No. 8996383
Roll No. 6005
IBP No. 23456
MCLE No. 1235
47 | P a g e
JON PAULO SALVAHAN
PTR No. 5587423
Roll No. 6123
IBP No. 34567
MCLE No. 1257
RYAN CHRISTOPHER TEEHANKEE

PTR No. 8571535
Roll No. 6789
IBP No. 45678
MCLE No. 1279
Copy Furnished:
NASTEE LAW OFFICE

Counsel for Defendant Bank of America
NT & SA RM 315
Ateneo Professional Schools Building
Rockwell Drive, RockwellCenter
1223 Makati City
ATTY. SALVADOR T. AMPARO

Counsel for Defendant Benedict Lim
NT Center, Mandaluyong City
ATTY.FRANCISCOBALAGTAS
Counsel for Defendant, Ricardo de Mesa
Greenview Corporate Towers, Taguig City
48 | P a g e
Formal Offer of Evidence

REGION REGIONAL TRIAL COURT
BRANCH 49, CITY OF MAKATI
Hottie Table Inc. (HTI)

Represented by its President
Nancy M. Ramsey
Plaintiff,
‐versus‐ Civil Case No.09‐23654

(For: Sum of Money)
William Toh Go
Defendant.
xx‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐xx
FORMAL OFFER OF EVIDENCE
Plaintiff, through counsel, respectfully offers in evidence the following exhibits:
EXHIBIT DESCRIPTION PURPOSE

Exhibit “1” The Board Resolution dated 28 This will be used to show the legal
April 2006 indicating that HTI’s standing and capacity of Mrs. Ramsey
President,Mrs.Nancy M.Ramsey, is to bring the present suit in behalf of
authorized to represent the HTI.
petitioner Corporation.
Exhibit “2” Promissory Note dated 11 March Such promissory note will be used as
2005 in the amount of five hundred evidence of the indebtedness of herein
thousand five hundred and fifty defendant Mr. William Toh Go.
pesos (PhP 500,550.00)
Exhibit “2‐ Signature of Mr. William Toh Go In order to fully authenticate and
A” affirm the execution and handwriting
of the defendant in the aforesaid
promissory note.
Exhibit “2‐ Demandletterdated15May2005 sent This is to serve as proof of demand on
B” by Plaintiff HTI’s counsel and was the defendant’s obligation under the
duly received by the defendant. above‐mentioned promissory note.
Exhibit “3” Promissory Note dated 16 June 2005 Such promissory note will be used as
in the amount of Seven Hundred Fifty evidence of the indebtedness of
Thousand Pesos (P750,000.00) herein defendant Mr. William Toh
Go.
49 | P a g e
Exhibit “3‐ Signature of Mr. William Toh Go In order to fully authenticate and
A” affirm the execution and handwriting
of the defendant in the aforesaid
promissory note.
Exhibit “3‐ Demand letter dated 14 August 2005 This is to serve as proof of demand
B” sent by Plaintiff HTI’s counsel and on the defendant’s obligation under
was duly received by the defendant. the above‐mentioned promissory
note.
Exhibit “4” Final demand letter dated 15 This is to serve as a proof of the final
December 2005 on all the promissory demand before resort to court action
notes issued by the defendant. was made.
Exhibit “5” Registry Return Card addressed to This will show that service of
Defendant William Toh Go. summons was duly served upon the
defendant.
Exhibit “5‐ Registry Return Card signed by Mr. This will serve as an
A” Pedro Domingo. acknowledgment of the defendant of
the service of summons upon him
Exhibit “6” Letter of the defendant William Toh This will be used as evidence of the
Go to Plaintiff HTI dated 19 defendant’s admission of
December 2005 through registered indebtedness to the Plaintiff.
mail recognizing his indebtedness
under the aforesaid promissory notes.
Exhibit “6‐ Registry return card indicating that This will be used to indicate the
A” such letter was duly received by the authenticity of the letter received by
corporate secretary of HTI. the Plaintiff.
WHEREFORE, it is most respectfully prayed that the foregoing exhibits presented

during the trial of the instant case be admitted in evidence.
Other reliefs just and equitable are likewise prayed for.
Muntinlupa City for Makati City, 30 January 2009.
DemetriaSandoval
Counsel forPlaintiff
5th Floor, Madrigal Business Tower
Madrigal Business Center, Alabang, Muntinlupa City
IBP O.R. No. 23655‐01/03/08‐ Muntinlupa
PTR O.R. No. 45321‐01/03/08‐ Muntinlupa
MCLE Compliance No.II‐0008776‐Nov.17,2007
Petition for Summary Settlement of Estate of Small Value
50 | P a g e
REGION MUNICIPAL TRIAL COURT
MAKATI,BRANCH
SILAS B. ORTEGA
Petitioner,
x‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐x
Spec Proc Case No.__

For: Summary Settlement of Estate of Small Value
PETITION FOR SUMMARY SETTLEMENT

OF ESTATE OF SMALL VALUE
PETITIONER, by undersigned counsel, and to this Honorable Court, respectfully avers:
That the Petitioner, of legal age, Filipino, married, and resident of No. 52 Araneta St.
Makati City, is the father of recently deceased CATHERINE L. ORTEGA, who died
intestate in Makati Medical Center on 12 January 2009;
That the decedent is an inhabitant of the Philippines and a resident of 52 Araneta St.
Makati City at the time of her death;
That the heirs of the decedent consist only of her parents, to wit:
Cara P. Ortega Mother 39 52 Araneta St., Makati City
Silas B. Ortega Father 42 52 Araneta St., Makati City
That the property left by the decedent consists of personal property, the gross value of
which is Six Thousand Two Hundred Twenty Three (P6,223.00);
That the personal property above mentioned is a Metropolitan Bank Savings Account
Number089‐1‐089223408‐1;
That the decedent, being merely fifteen (15) years of age has left no debts.
WHEREFORE, it is respectfully prayed that upon proper notice and hearing the estate of
the decedent be summarily settled and distributed to the above mentioned heirs.
Other relief as may be deemed just and equitable is also prayed for. Makati City, 28
January 2009.
51 | P a g e
OWEN ALONZO
Counsel for the Petitioner
Rm. 210 Moreno Building,
No. 8 Amorsolo St., Makati City
PHIL. BAR ROLL NO. 36530
PTR NO.A‐7279012/01‐19‐06/Q.C.
IBP NO. 645906/01‐19‐06/Q.C.
MCLE Compliance Cert. No. 12345678
(Verification with Certification of Non‐Forum Shopping)
PAGE 275
52 | P a g e

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Jurat

ATTY. MARJORIE ANNE N. MAYORDO

REPUBLIC OF THE PHILIPPINES )

ATTY. MARJORIE ANNE N. MAYORDO

REPUBLIC OF THE PHILIPPINES )

Lucille May Perez Jasmine Jean Diola

ATTY. MARJORIE ANNE N. MAYORDO

REPUBLIC OF THE PHILIPPINES )

1. That we are Barangay Officials of the aforementioned Barangay being the

Malia Lumanse Michael John Babano

ATTY. MARJORIE ANNE N. MAYORDO

REPUBLIC OF THE PHILIPPINES )

As such, I am executing this Affidavit of Loss to attest to the truth of the

YONELYN DELOS SANTOS

ATTY. MARJORIE ANNE N. MAYORDO

REPUBLIC OF THE PHILIPPINES )

Name: Marvin Lee

That I, as Master, (Indicate what actions the master initiated);

That I, as Master (Indicate the respondents and their address if any);

That the prevailing weather at the time was as follows:

General Description: Wind Direction:

That my organization/shipping company is as follows:

ATTY. MARJORIE ANNE N. MAYORDO

REPUBLIC OF THE PHILIPPINES )

Q: What is your name?

Q: Where do you live?

Q: Are you related to Lucille May Boro?

Q: How are you related to her?

Q: Where does your daughter live?

Q: What is the nature of work of your daughter?

Q: Where is the Human Rights Organization located?

Q: How does your daughter go to work?

Q: Thank you, Mr. Boro. Let’s focus on the date of your

Q: Did you bring your daughter to work that day?

Q: On the evening of 15 January 2019, did she contact you?

Q: What time did she contact you that night?

Q: Did she arrive home that night?

Q: When you arrived at her office, what happened?

Q: Do you know the name of this security guard?

Q: What did the security guard tell you?

Q: Were they able to help you locate your daughter?

Q: Why do you think ISAFP agents would be asking about your

Q: Has your daughter contacted you or any members of your

Further Affiant sayeth none.

ATTY. MARJORIE ANNE N. MAYORDO

REPUBLIC OF THE PHILIPPINES )

JOINT AFFIDAVIT OF SUPPORT

Jasmine Gomez Joseph Gomez

ATTY. MARJORIE ANNE N. MAYORDO

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT LEASE, made and entered into, by and between –

i. If any rental as stipulated, or any part thereof, at anytime shall be in arrears or

LOIDA T.GARCIA FERNANDO P. ZAMORA

Signed in the Presence of:

JUAN G. DELA CRUZ MARIO C. FELICIANO

REPUBLIC OF THE PHILIPPINES )

ATTY. MARJORIE ANNE N. MAYORDO

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the SELLER/VENDOR is the absolute and registered owner of a parcel of

1. The total consideration shall be Ten Million (Php 10,000,000.00) PESOS,

a) The amount of THREE MILLION (Php 3,000,000.00) PESOS,

b) The remaining balance in the amount of SEVEN MILLION

4. Possession to the subject property shall be delivered by the SELLER/ VENDOR