Beruflich Dokumente
Kultur Dokumente
I. CAPTIONS
PEDRO SANTOS
Defendant.
X------------------------------------------X
ACKNOWLEDGMENT
(Simple form)
Notary Public
IN WITNESS WHEREOF, I have hereunto set my hand, the day, the year,
and the place above written.
NOTARY PUBLIC
JURAT
NOTARY PUBLIC
Doc. No._____;
Page No._____;
Book No._____;
Series of 20____.
VERIFICATION
JUAN DELA CRUZ, subscribing under oath, hereby deposes and states
that:
I have read the foregoing Petition and the allegations therein are true and
correct of my own knowledge and/or based on the records on hand.
CERTIFICATION
I certify that:
a. I have not commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or different
Divisions thereof, or any other tribunal or agency.
_____________________
__
JUAN DELA CRUZ
JURAT
JUAN DELA CRUZ subscribing under oath, hereby deposes and states
that: He is a petitioner (or respondent/plaintiff/defendant) in this case. He has
read the foregoing petition, and the allegations contained therein are true and
correct of his own knowledge and/or based on authentic records. He attests to
the authenticity of the annexes thereof.
_______________
JUAN DELA
CRUZ
Petitioner
_________________
MARIA A. SANTOS
Notary Public
My Commission Expires Dec. 31, 2001
IBP No. _______, 1/16/2001, Pasig City
PTR No. _______, 1/2/2001, Pasig City
Copy Furnished:
EXPLANATION
EXPLANATION
This Certifies that personal service was not resorted to for the reason that
due to time, distance and manpower constraints, the same is not practicable.
_________________
Counsel
III. AFFIDAVITS
AFFIDAVIT OF LOSS
Republic of the Philippines
Province Of
Municipality of
That the said automobile had been duly registered in my name in the
Land Transportation Office in ___________ for the year (or years)
____________;
______________________
(Signature of affiant)
JURAT
AFFIDAVIT OF SERVICE
Nature of Pleading/Paper
____________________________
____________________________
____________________________
_________________
______
Signature of
Affiant
X, of legal age and resident of the City of Manila, Philippines, after having
been duly sworn in accordance with law, hereby deposes and says:
That he is the Plaintiff in the above entitled case and is entitled to the relief
demanded in the complaint in whole or in part and such other relief consists in
restraining the commission or continuance of the acts complained of either for a
limited period or perpetually;
And that he is willing and ready to file a bond in the amount which may be
fixed by the Court to the effect that he, the plaintiff, will pay the defendant all the
damages which the latter may sustain by reason of the injunction if the court
should finally decide that the plaintiff was not entitled thereto.
JURAT
(NOTE: First, state the facts showing plaintiff’s right to attach defendant’s
properties)
AFFIDAVIT
That the amount claimed in the action is as much as the sum which the
order is prayed for above all legal counterclaims.
_____________________
Affiant
JURAT
AFFIDAVIT
That he is the Plaintiff in the above titled case and that he has read the
foregoing complaint and that the facts therein stated are true and correct;
That he is the owner of the estate as pro-indiviso owner of the same with
the defendant;
That the produce or income from said property are in danger of being lost,
removed or materially injured unless a receiver be appointed to guard and
preserve the same, and the defendant is not only hostile to the plaintiff but also
shows his demands to exclude said plaintiff from all the products or proceeds
coming from the said property;
That he is willing and ready to file a bond in the amount which this
Honorable Court may fix in favor of the defendant against whom this receivership
is presented to the effect that he, the plaintiff will pay to the said defendant all
damages which he will sustain by reason of the appointment of receiver in case
the plaintiff shall have procured such appointment without sufficient cause, and
such other bonds which this Honorable Court may require him to file hereafter, as
security for such damages.
______________________
(Affiant)
JURAT
SINUMPAANG SALAYSAY
Republika ng Pilipinas )
Lalawigan ng Rizal ) s. s.
Bayan ng Cainta )
SINUMPAANG SALAYSAY
_______________________
JUAN DELA CRUZ
_______________________
MARIA SANTOS
Notaryo Publiko
Hanggang Disyembre 31,2001
IBP No. _____, 1/2/2001, Pasig
City
PTR No. ____ 1/15/2001, Pasig
City
PROMISSORY NOTE
(Date)
P_____________ ____________________, Philippines
________ months (or days) after date, I promise to pay, for value
received, to _____________________ or order the sum of
_______________________PESOS, with interest at ______percent per annum
after maturity until paid. The makers and indorsers severally waive presentment
for payment, protest, and notice of non-payment of this note.
_____________________
Maker
BILLS OF EXCHANGE
(Signature of Drawer)
No. __________________
_____________________
(Signature)
P __________________________
(Philippine Currency)
V. CONTRACTS OR AGREEMENTS
(Note: if the deed/ contract is unilateral i.e., when the vendee assumes no
obligation, thee is no need for the vendee to sign the contract/ deed nor the
acknowledgment; however, if vendee is obliged to perform something, he must
sign both the deed and the acknowledgment.)
DEED OF SALE
(Description of property)
of which I am the registered owner in fee simple in accordance with the Land
Registration Act, my title thereto being evidenced by Transfer (or Original)
Certificate of Title No. ________, issued by the Register of Deeds of
___________.
It is hereby mutually agreed that the vendee shall bear all the expenses
for the execution and registration of this deed of sale.
________________
(Vendor’s wife)
__________________________
_____________________________
(Witness) (Witness)
ACKNOWLEDGMENT
This Deed of Sale with Pacto de Retro made and executed by and
between:
That the VENDOR is the absolute owner of a certain parcel with all the
buildings and improvements thereon, situated in ____________________, and
more particularly described as follows, to wit:
his title being evidenced by Transfer (or Original) Certificate of Title (or
TCT/OCT) No. ________ issued by the Register of Deeds of
____________________;
____________________________
__________________________
(Vendor) (Vendee)
_____________________________
(Vendor’s wife)
_____________________________
____________________________
ACKNOWLEDGMENT
_______________
Seller
WITNESSES:
_____________________
_____________________
ACKNOWLEDGMENT
Seller
(NOTE: Unilateral – no need for the vendee to sign, however, if vendee is obliged
to perform something, he must sign.)
ACKNOWLEDGMENT
NOTARY PUBLIC
My Comission expires Dec. 31, 2001
IBP No. ______, 1/2/2001, Pasig City
P.T.R. No.____, 2/2/2001, Pasig City
1. This agreement entered into by and between (state the parties: lessor and
lessee)
2. In consideration of the rent and other covenants hereinafter set forth, the
LESSOR hereby leases to the LESSEE that the residential house located at
____________ belonging to the LESSOR and covered by TCT No. _____.
3. The term of this lease shall be for a period of _________.
4. Rent shall be paid at the rate of P______ per month within the first five (5)
days of each month.
5. Major and minor repairs shall be for the account of the LESSOR.
6. Taxes and assessments shall be for the account of the LESSOR, while
expenses for lights, water and other utilities shall be for the account of the
LESSEE.
IN WITNESS WHEREOF…………..
_____________________
_________________
(Lessor) (Lessee)
ACKNOWLEDGMENT
__________________
__________________
(Lessor ) (Lessee)
ACKNOWLEDGMENT
(Description of property)
________________
_________________
( Mortgagor)
(Mortgagee)
____________________
(Wife of Mortgagor)
__________________________
_____________________________
ACKNOWLEDGMENT
CHATTEL MORTGAGE
That the condition of this CHATTEL MORTGAGE is such that if the said
MORTGAGOR, his heirs, executors, or administrators shall well and truly
perform the full obligation above stated according to the terms thereof, this
CHATTEL MORTGAGE shall be null and void, otherwise, it shall remain in full
force and effect and shall be enforceable in the manner provided by law.
__________________
_________________
(Mortgagor)
(Mortgagee)
__________________________
____________________________
ACKNOWLEDGMENT
__________________________
_____________________________
(Mortgagor) (Mortgagee)
JURAT
That “A” in order to have an access to and from, and to cultivate the
above-mentioned land, and so as to have an outlet to ________________, which
is the nearest public road and least burdensome to the servient estate and to
third persons, it would be necessary for him to pass through “B’s” property, and
for this purpose, a path or passageway of not less than two (2) meters wide
through the whole length of the western side of “B’s” property is necessary for the
use of “A” and for all his needs in cultivating his estate;
It is further agreed that “B” shall deliver unto “A” all the necessary papers,
deed, and titles in relation to the servient estate in order to facilitate the
registration of the above-mentioned right of way, in accordance with.
This agreement shall be binding between the parties and upon all their
heirs, successors, and assigns.
__________________________ __________________________
(Signature of owner of the (Signature of owner of
dominant estate) servient estate)
__________________________
___________________________
ACKNOWLEDGMENT
POWER OF ATTORNEY
ACKNOWLEDGEMENT
To ask, demand, sue for, recover or collect any and all sums of
money and other things of value of whatever nature or kind as may now
be or hereafter become due, owing , payable or belonging to me, and to
have, sue, and to take any and all lawful ways and means for the recovery
thereof by suit.
HEREBY GIVING AND GRANTING unto my said Attorney full power and
authority whatsoever requisite or necessary or proper to be done in and about
the premises as fully to all intents and purposes as I might or could lawfully do if
personally present, with power of substitution and revocation, and hereby
ratifying and confirming that all that my said attorney or his substitute shall
lawfully do or cause to be done under and by virtue of these presents.
_______________________
(Principal)
_________________________
_______________________
ACKNOWLEDGMENT
____________________
____________________
ACKNOWLEDGMENT
WITNESSETH:
That the Donor is the absolute owner of that certain real property situated
at ____________ and more particularly described as follows:
(description of the property)
That, for and in consideration of the love and affection of the Donor for the
Donee (and for the faithful services the latter has rendered in the past to the
former), the said Donor by these presents hereby cedes, transfers, and conveys,
by way of donation, unto said Donee the real property above described, together
with all the buildings and improvements existing thereon, free and clear of all
liens and encumbrances.
ACCEPTANCE
That the Donee does hereby accepts the foregoing donation of the above-
mentioned described property for which he/she expresses his/her sincerest
appreciation and gratitude for the kindness and liberty shown by the Donor.
WILLS
HOLOGRAPHIC WILL
NOTARIAL WILL
Of
__________________________
(Name of Testator)
(Description)
____________________
(Signature of
Testator)
ATTESTATION CLAUSE
______________________
_____________________
(Witness) (Residence)
______________________
_____________________
(Witness) (Residence)
___________________________
__________________________
(Witness) (Residence)
JOINT ACKNOWLEDGMENT
all known to me to be the same persons who signed the foregoing Will, the first
as testator and the last three as instrumental witnesses, and they respectively
acknowledge to me that they signed the same as their own free will and deed.
This Will consists of ______ pages, including the page in which this
acknowledgment is written, and has been signed on the left margin of each and
every page thereof by the testator and his witnesses, and sealed with my notarial
seal.
IN WITNESS WHEREOF, I have hereunto set my hand the day, year and
place above written.
NOTARY PUBLIC
My commission expires Dec. 31,
2001
IBP No. ______, 1/2/2001, Pasig
City
PTR No. _____, 2/2/2001, Pasig
City
VI. PLEADINGS
Pleadings are filed in four (4) kinds of cases, namely: Civil Actions;
Provisional Remedies; Special Civil Actions; and Special Proceedings
(Caption)
COMPLAINT
________________________
Attorney for Plaintiff
________________________
Address
Plaintiff Alleges:
First Cause of Action
1. That the plaintiff is a resident of the City of Manila, and that defendant is a
resident of 486 Tenesee, Malate, Manila where he may be served with
summons;
2. That on the 11th day of June, 1983, defendant executed and delivered to
plaintiff a promissory note, in the following words and figures, to wit:
3. That defendant has not paid promissory note, nor any part thereof or
interest thereon;
2. That on the 19th of August 1983, defendant executed and delivered to the
plaintiff his promissory note in the following words and figures, to wit:
PLAINTIFF, further prays for such other relief as this Honrable Court may
deem just and equitable in the premises.
JOSE CRUZ
Attorney for the Plaintiff
PEDRO SANTOS
Defendant,
x------------------------------------------x
NOW COMES the defendant in the above entitled case, and to this
Honorable Court most respectfully alleges:
2. That the defendant had purchases said land from plaintiff and paid
said promissory notes;
ERNESTO FLORES
Attorney for the Defendant
_______________________
Address
THAT Defendant specifically denies under oath the genuiness and due
execution of the instrument a copy of which is attached to Plaintiff’s complaint as
Annex “A”, the truth being that his signature thereon is forged and that he did not
in fact sign the said instrument.
ERNESTO FLORES
Attorney for the Defendant
_________________________
Address
______________________
Defendant
JURAT
MOTIONS
MOTION TO INTERVENE
Atty. Y
Counsel for X
MOTION TO QUASH
ARGUMENTS
( notice of hearing)
MOTION TO DISMISS
ARGUMENTS
(here give the grounds provided for in Rule 37, Rules of Court; such as
fraud, accident, mistake, or newly discovered evidence or excessive damages
awarded)
ARGUMENTS
COMES NOW, JRC, Counsel on record for the defendant and to this
Honorable Court respectfully moves to withdraw as counsel of said defendant
with the express consent of said defendant as shown in this motion;
That in the substitution thereof, Atty. BFG whose services have been
engaged by defendant hereby enters his appearance as counsel for defendant;
That upon approval of this Honorable Court, all pleadings, notices, and
papers in connection with this case be addressed to new counsel BFG with
address at No. 7 Sta. Catalina, Sampaloc, Manila.
With my consent:
___________________________
BFG
New counsel
________________________
Address
That the above entitled case is set for hearing on July 7, 1988;
That counsel for defendant is afflicted with influenza and is now under the
medical care of Dr. PTB. A copy of the physician’s certificate under is hereto
attached.
Sgd. ALC
Counsel for defendant
(Notice of Hearing)
COMES NOW, the Plaintiff through the undersigned counsel and to this
Honorable Court respectfully alleged:
XYZ
Counsel for Plaintiff
XYZ
Counsel for Plaintiff
GREETINGS:
__________________
_____
(Counsel for the
Defendant)
B. PROVISIONAL REMEDIES
(NOTE: Must allege acts that should be enjoined and the basis for petitioners
claim why they should be enjoined.)
PETITION
PRAYER
JURAT
COMES NOW, the Plaintiff, through the undersigned counsel in the above
entitled case and to this Honorable Court alleges:
3. That on April 1, 1988, and for 10 days thereafter, the herein Plaintiff
demanded for the return of the said property but despite repeated
demands, said Defendant refused and still refuses to return the
said property claiming that the same belongs to him;
4. That said property has not been taken from the said plaintiff for tax
assessment or fine pursuant to law, or seized under an execution,
or attachment against the property of the Plaintiff (or if so seized,
that it is exempted from such seizure);
5. That the actual value of the said personal property is P10, 000.00;
6. That the herein plaintiff is ready and willing to file a bond, executed
to the defendant in double the value of the property stated above,
for the return of the property to the Defendant if the return thereof
be adjudged, and for the payment to the Defendant of such sum as
he may recover from the Plaintiff in the auction.
3. Ordering the defendant to pay the costs of this suit, and for such other
equitable relief in the premises.
_________________________
Counsel
JURAT
XYZ
Plaintiff,
CIVIL CASE NO.
_______________
-versus-
ABC
Defendant.
x---------------------------x
COMPLAINT
COMES NOW the Plaintiff in the above entitled case, through counsel,
and to this Honorable Court alleges;
That the plaintiff is of legal age and a resident of the City of Manila; that
defendant is likewise of legal age, residing at No. 2 Cruz Street, Manila and may
be served with summons at said address;
II
That defendant on January 7, 2001, leased from the plaintiff the premises
located at No. 7 Cruz Street, Manila, agreeing to pay monthly rental of P 1,
000.00
III
IVx`
PRAYER
2. To pay the monthly sum of P1, 000.00 beginning with the month of
__________, 2001, with interest thereon at the legal rate until fully
paid until the defendant vacates said premises;
Plaintiff further prays for such other reliefs as this Court may deem just
and equitable.
DEFG
Attorney for the Plaintiff
_________________________________
Address
JURAT
COMPLAINT
NOW COMES plaintiff to this Honorable Court and for cause of action
against the defendant, respectfully alleges:
(COPY)
That to secure the payment of the said promissory note, defendant
executed on March 1, 1988 a Deed of Mortgage in favor of plaintiff over a parcel
of land whose technical description is as follows:
(COPY DESCRIPTION)
Copy of said Deed of Mortgage is attached hereto, marked annex “B” and
made as integral part of this complaint;
That said mortgage was registered with the Office of the Registrar of
Deeds of Quezon City on March 2, 1988;
That payment of said promissory note is long overdue and defendant has
failed to pay the same despite repeated demands;
DEFG
Attorney for the Plaintiff
________________________________________
Address
_______________________
Plaintiff
JURAT
VERIFICATION
D. SPECIAL PROCEEDINGS
_________________________
Counsel
That I am the petitioner in the above entitled case, that I have read the
contents of the said petition and that said contents are true and correct of my
own personal knowledge.
________________________
Petitioner
JURAT
(Furnish a bond of not less than 10% of the value of the property or annual
income, if it exceeds P50,000)
________________________
Counsel
_______________________
Petitioner
JURAT
JOSE DOE,
Petitioner.
x-----------------------------------------------------x
PETITION
4. That the deceased left the following real and personal properties:
5. That, as far as petitioner knows, the following are the names of the
creditors of the decedent, to wit:
PRAYER
_____________________
Address
_______________________
Petitioner
JURAT
E. CRIMINAL PROCEEDINGS
1. Caption
2. Heading
3. Opening sentence
4. Body alleging acts or omissions constituting a crime
5. Contrary to law
6. Certification of Preliminary Investigation
7. Jurat
8. List of Witnesses
9. Bail Recommended
1. Caption
2. Heading
3. Opening sentence
4. Body alleging facts or omissions constituting a crime
5. Contrary to law
6. Oath of Complaint with his/her signature
7. Certification of Prosecutor
8. Jurat
1. Caption
2. Heading
3. Opening sentence
4. Body alleging facts or omissions constituting a crime
5. Signature
6. Jurat
COMPLAINT
ACTS OF LASCIVIOUSNESS
COMPLAINT
________________________
Offended Party
_________________________
Municipal Judge of __________
WITNESSES:
____________________________
____________________________
INFORMATION
ABDUCTION WITH CONSENT
INFORMATION
Contrary to law:
____, ___________,2000
_______________________
(Provincial Prosecutor)
WITNESSES:
______________________
______________________
CERTIFICATION
NOTE: All informations, for offenses filed by the city or provincial prosecutors
must contain a certification under oath by the investigating fiscal that before filing
the case he had previously conducted a preliminary investigation wherein the
accused was given a chance to appear. Such a certification under oath may be
stated substantially as follows:
______________________
Assistant Prosecutor
_______________________
Judge, RTC of
___________
That about and during the period beginning the _____ day of
________________, 2000, in the municipality of ________________, province of
_______________, Philippines, and within the jurisdiction of this Honorable
Court, said X, suspecting that one Z had knowledge of the elopement of her
sister , did then and there willfully, unlawfully, feloniously and by force, take said
Z, a man 50 years of age, while the latter was walking in ________________,
whom said accused detained and kept locked room in his room from
_______________ to _______________, 2000, or a period of _______days,
under restraint and against the will of the said Z, and said accused did, during
said period of detention, maltreat and refuse to release said Z until the sister of
the accused was found.
Contrary to law.
_______________________
Prosecutor
_______________________
(Attorney for the
Defendant)
_______________________
(Address)
NOTICE OF APPEAL
COMES NOW the defendant (or plaintiff as the case maybe) by the
undersigned attorney, and hereby files notice of appeal from the judgment of this
Honorable Court in the above-entitled case, dated ____________ a copy of
which was received by him on _______________, and appeals the same to the
Court of Appeals.
_______________________
(Attorney for the
Petitioner)
_______________________
(Address)
SUBPOENA
(NOTE : A subpoena shall be signed by the clerk, or by the judge if his court has
no clerk, under the seal of the court. It shall state the name of the court and the
title of the action or investigation, shall be directed to the person whose
attendance is required, and if subpoena duces tecum, it shall also contain a
reasonble description of the things demanded which must appear to the court
prima facie relevant).
SUBPOENA
To: _____________________
_____________________
You are hereby commanded to appear before the Regional Trial Court of
_________________, on the _____ day of ________________, 2000, at
_________ o’clock A. M., then and there to testify in the action of X against Y
(here set the number of the case).
_______________________
(Clerk)
To: _____________________
_____________________
You are hereby required to appear before the Regional Trial Court of
________________ on the ______ day of _______________, 2000 at
_________ o’clock and to bring with you into the court the following (describe
book, deed, writing, or other documents), it being necessary to use the same as
testimony in the cause there pending, wherein _________________ is the
plaintiff and _________________ is defendant.
______________________
Judge X, RTC of _______
ORDER OF ARREST
(Caption)
___________________________
Accused.
_______________________
Judge X, RTC ________
SEARCH WARRANT
(Caption)
Greetings:
You are hereby commanded to make immediate search at any time in the
day/night of the premises above described and forthwith seize and take
possession of the following personal property, to wit:
and bring said property to the undersigned to be dealt with as the law directs.
______________________
Judge, RTC of
__________
DEMURRER TO EVIDENCE
The Indictment
Prayer
____________________________
_________________________
(Name) (Address)
____________________________
_________________________
(Name) (Address)
______________________
(Attorney for the
Defendant)
_______________________
(Address)
O Great St. Joseph of Cupertino, who when on earth did obtain from God the
grace to be asked in the examinations only questions you knew. Obtain for me
the same favor in this examinations which I am now preparing for. In return I
promise to make you known and cause to be invoked through Christ, our Lord.
Amen