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LEGAL FORMS

COMPILATION
______________________________________________________________________________________________

FORM NO. 1: Acknowlegdment

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


PROVINCE/CITY OF ____________) S.S.

BEFORE ME, A Notary Public for and in the _______________________, City/Province


of _____________________, this ______ day of _____________, 20______, personally
appeared the above-named persons who have satisfactorily proven to me their identity, through
their identifying documents written below their names and signatures, that they are the
same persons who executed and voluntarily signed the foregoing instrument consisting of ____
pages, including this page where this Acknowledgement is written, which they acknowledged
before me as their free and voluntary act and deed.

WITNESS MY HAND AND NOTARIAL SEAL.

Doc. No. _________;


Page No. _________;
Book No._________;
Series of _________.

FORM NO. 2. Secretary's Certificate

SECRETARY’S CERTIFICATE

I, (name of Corporate Secretary), of legal age, Filipino, being the duly elected and
qualified Corporate Secretary of (name of applicant firm), a corporation duly organized and
existing under the laws of the Philippines, with office address at (office address of applicant
firm), under oath, do hereby certify that at the special meeting of the Board of Directors of the
Corporation held on (date of special meeting), the following resolution was unanimously
adopted:

RESOLVED, that (name of officer of firm), (position of officer) be as it hereby,


authorized to transact, execute and sign all documents in behalf of the Corporation pertaining to
its application for registration under the Renewable Energy Act of 2008 (Republic Act No. 9513)
with the Board of Investments for its (proposed project activity) as Renewable Energy Developer
under the Mandatory List of the 20___ Investment Priorities Plan.

IN WITNESS WHEREOF, I have hereunto affixed my signature this __________ day


of _____________, 20___ at __________________________.

____________________
Corporate
Secretary

Subscribed and Sworn to before me this __________________ at _______________,


affiant exhibited to me his CTC No. ____________________ issued on ___________________
at ___________________.

Doc. No. _______


Page No. _______
Book No. _______
Series of _______

FORM NO. 3: VERIFICATION AND CERTIFICATION AGAINST NON-FORUM


SHOPPING, SPLITTING A SINGLE CAUSE OF ACTION AND MULTIPLICITY OF
SUITS

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______________________________________________________________________________________________

I, __________________________________, of legal age, Filipino,


married/single/widow/widower, and a resident of
______________________________________________________, on oath, state:

1. That I am the _____________________ in the above-entitled case have caused this


_______________________________ to be prepared; that I read and understood its
contents, which are true and correct of my own personal knowledge and/or based on true
records;

2. That I have not commenced any action or proceeding involving the same issue or subject
matter, and specifically the same check/s in the Supreme Court, the Court of Appeals or
any other tribunal or agency, particularly before the Office of the City Prosecutor of
_______________________; that to the best of my knowledge, no such action or
proceeding is pending in the Supreme Court, the Court of Appeals or any other tribunal or
agency, and that, if I should learn thereafter that a similar action or proceeding has been
filed or is pending before these courts or tribunal or agency, I undertake to report that fact
to the Court within five (5) days therefrom.

3. That the filing of this case is not in violation of the rule against splitting a single cause of
action or multiplicity of suits.

4. That I knowingly and voluntarily waive and forego the institution of any criminal
complaint for Violation of Batas Pambansa Blg. 22 against the defendant herein based on
the same check/s subject matter of this Small Claims Complaint.

IN WITNESS WHEREOF, I have hereunto set my hand this ___________ day of


_____________________, 20_____.

__________________________
Affiant

SUBSCRIBED AND SWORN TO before me this _____ day of _________________.

Doc. No. _____


Page No. _____
Book No. _____
Series of _____

FORM NO. 4: SAMPLE COMPLAINT FOR COLLECTION OF SUM OF MONEY(

Republic of the Philippines


6TH JUDICIAL REGION
Regional Trial Court
Branch _____

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______________________________________________________________________________________________

Iloilo City

MIA C. SANCHEZ, Civil Case No. ________


Plaintiff FOR: COLLECTION FOR
A SUM OF MONEY
WITH DAMAGES
- versus -

PAOLO D. CRUZ,
Defendant.
x -----------------------x

COMPLAINT

Plaintiff, through the undersigned counsel unto this Honorable Court, hereby respectfully
avers:

1. That plaintiff is of legal age, Filipino, married, and a resident of Alta Tierra Village,
Jaro, Iloilo City, Philippines while the defendant is also of legal age, married, Filipino and a
resident of Brgy. Dungon A., Jaro, Iloilo City, Philippines where summons and court processes
may be served;

2. That on February 14, 2013, the defendant borrowed from the plaintiff a sum of money
amounting to One Million Pesos (PhP1,000,000.00) with an agreed interest of five percent (5%)
per month as evidenced by a promissory note herein attached as Annex “A” and form an integral
part of this complaint;

3. That as shown in the attached promissory note, the indebtedness of the defendant has
become due and demandable on February 14, 2014;

4. That despite plaintiff's repeated demands, both written and verbal, defendant failed,
neglected and refused to fulfill obligations without just and valid grounds to the continued
damage and prejudice of plaintiff, as evidenced by Annex “B” – Demand Letters;

5. That the plaintiff in order to enforce his rights and interests, has sought the services of
a legal counsel with attorney’s fees amounting to One Hundred Thousand Pesos (PhP
100,000.00) and an appearance fee of Two Thousand Pesos (PhP 2,000.00) per hearing as
evidenced by Annex “C” – Contract for Legal Services;

6. That the plaintiff has paid for litigation expenses amounting to Twenty Thousand Pesos
(PhP 20,000.00) as evidenced by Annex “D” – Official Receipt;

7. That the plaintiff has suffered moral damages at the sum discretion of the Honorable
Court;

WHEREFORE, premises considered, it is hereby respectfully prayed before the


Honorable Court to render decision in favor of the plaintiff and order the defendant to pay the
following:

a. the sum of One Million Pesos (PhP 1,000,000.00) plus interest at the rate of five
percent (5%) per month as stipulated in the promissory note;

b. moral damages, exemplary damages at the sum discretion of the court;

c. attorney’s fees amounting to One Hundred Thousand Pesos (PhP 100,000.00)


and an appearance fee of Two Thousand Pesos (PhP 2,000.00) per hearing;

d. litigation expenses amounting to Twenty Thousand Pesos (PhP 20,000.00).

Other reliefs and remedies deemed just and equitable under the foregoing premises are
likewise prayed for.

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______________________________________________________________________________________________

Iloilo City, December 6, 2014.

ATTY. VINCENT ENRIQUE A. VARONA


Counsel for Petitioner
Varona Law Office, Alta Tierra Village, Jaro, Iloilo City
Roll of Attorneys No. 54321
PTR NO. 654321, 01/06/14, Iloilo City
IBP NO. 123456, 01/04/14, Iloilo City
MCLE Comp. No. IV-0009876, 01/02/14

REPUBLIC OF THE PHILIPPINES)


PROVINCE OF ILOILO ) SS.
x----------------------------x

VERIFICATION AND CERTIFICATION

I, MIA C. SANCHEZ, of legal age, Filipino, married, and a resident of Alta Tierra
Village, Jaro, Iloilo City, Philippines, after being sworn in accordance with law, hereby depose
and say:

(1) That I am the Plaintiff in the above-entitled case;

(2) That I have caused the preparation of the above Complaint and I have read the
same and understood the contents thereof;

(3) That the allegations contained therein are true and correct of my own personal
knowledge and based on authentic records;

(4) That I further certify that: I have not theretofore commenced any other action or
proceeding or filed any claim involving the same issues or matter in any court, tribunal, or
quasi-judicial agency and, to the best of my knowledge, no such action or proceeding is pending
therein; if I should thereafter learn that the same or similar action or proceeding
has been filed or is pending before the Supreme Court, the Court of Appeals, or any other
tribunal or quasi-judicial agency, I undertake to report such fact within five (5) days therefrom
to the court or agency wherein the original pleading and sworn
certification contemplated herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of December 2014
at Iloilo City, Philippines.

MIA C. SANCHEZ
Affiant
TIN 98765-003; Iloilo City

SUBSCRIBED AND SWORN to before me, this 6th day of December 2014, affiant
exhibiting to me his Tax Identification Card as shown above below his name as competent
evidence of his identity.

ATTY. VINCENT ENRIQUE A. VARONA


Counsel for Petitioner
Varona Law Office, Alta Tierra Village, Jaro, Iloilo City
Roll of Attorneys No. 54321
PTR NO. 654321, 01/06/14, Iloilo City

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______________________________________________________________________________________________

IBP NO. 123456, 01/04/14, Iloilo City


MCLE Comp. No. IV-0009876, 01/02/14

Doc. No. ____


Page No. ____
Book No. ____
Series of ____

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______________________________________________________________________________________________

FORM NO. 5: COMPLAINT FOR SUM OF MONEY: PLAINTIFF AS NATURAL


PERSON

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 101, Makati City

ESTA PADORA,
Plaintiff,

Civil Case No.


000882
For: Sum of Money
- versus –

MANGGA GANTSO,
Defendant.
x -------------------------- x

COMPLAINT

PLAINTIFF, by counsel, respectfully states that:

1. Plaintiff is a Filipino, of legal age, and resident of 6750 Forbes Park, Makati City;
defendant is also a Filipino, of legal age and resident of 6752, Forbes Park, Makati City, where
he may be served with summons and other processes.

2. Sometime in January 2005 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 Nine Hundred Thousand Pesos (P900,000.00).

3. Despite repeated demands, both oral and written, defendant failed or has refused to
pay any amount to plaintiff as no installment payment has even been made. A copy each of
plaintiff’s two (2) demand letters is attached as ANNEX A and B.

4. 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, was issued by the Barangay Chairman.

5. Defendant’s obligation is due and demandable and plaintiff is entitled to the payment
of the entire amount of Nine Hundred Thousand Pesos (P900,000.00) plus legal interest.
6. 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 vindicate his
rights thereby committing himself to pay legal expenses amounting to Fifty Thousand Pesos
(P50,000.00).

WHEREFORE, plaintiff respectfully prays for judgment in his favor through a Decision
directing defendant to pay him NINE HUNDRED THOUSAND PESOS (P900,000.00), with
legal interest, as ACTUAL DAMAGES and FIFTY THOUSAND PESOS (P50,000.00) as
Attorney’s Fees.

Other just and equitable reliefs are also prayed for.

Quezon City for Makati; 13 April 2007.

(Sgd.) ATTICUS FINCH


Counsel for Plaintiff
[ Address]

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______________________________________________________________________________________________

FORM NO. 6: COMPLAINT FOR SUM OF MONEY: DEFENDANT AS JURIDICAL


PERSON

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 101, Makati City

ESTAFA DAMAGA,
Plaintiff,
Civil Case No. 000883
For: Sum of Money
- versus –

LIWANAG CORPORATION,
Defendant.
x -------------------------- x
COMPLAINT

PLAINTIFF, by counsel, respectfully states that:

1. Plaintiff is a Filipino, of legal age, and resident of 6750 Forbes Park, Makati City;
defendant is also a Filipino, of legal age and resident of 6752, Forbes Park, Makati City, where
he may be served with summons and other processes.

2. Sometime in January 2005 and over a period of six (6) months, defendant, a
corporation duly organized under the laws of the Philippines, borrowed certain amounts from
plaintiff through its president Antonio Liwanag. Defendant promised to pay these amounts on an
installment basis monthly. These amounts now total Nine Hundred Thousand Pesos
(P900,000.00).

3. Despite repeated demands, both oral and written, defendant failed or has refused to
pay any amount to plaintiff as no installment payment has even been made. A copy each of
plaintiff’s two (2) demand letters is attached as ANNEX A and B.

4. 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, was issued by the Barangay Chairman.

5. Defendant’s obligation is due and demandable and plaintiff is entitled to the payment
of the entire amount of Nine Hundred Thousand Pesos (P900,000.00) plus legal interest.

6. 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 vindicate his
rights thereby committing himself to pay legal expenses amounting to Fifty Thousand Pesos
(P50,000.00).

WHEREFORE, plaintiff respectfully prays for judgment in his favor through a Decision
directing defendant to pay him NINE HUNDRED THOUSAND PESOS (P900,000.00), with
legal interest, as ACTUAL DAMAGES and FIFTY THOUSAND PESOS (P50,000.00) as
Attorney’s Fees.

Other just and equitable reliefs are also prayed for.

Quezon City for Makati; 13 April 2007.


(Sgd.) ATTICUS FINCH
Counsel for Plaintiff
[Address]
FORM NO. 7: JURIDICAL PERSON AS PARTIES

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______________________________________________________________________________________________

REPUBLIC OF THE PHILIPPINES AS PARTY


Republic of the Philippines, thru
The Department of Health,
Plaintiff,

-versus- Civil Case No.

ABC Construction Co., Inc.,


Defendant.
x-------------------------------------x

FORM NO. 7-A: JURIDICAL PERSON AS PARTIES: PRIVATE CORPORATION OR


OTHER JURIDICAL ENTITIES DULY REGISTERED, AS PARTIES.

XYZ Company, Inc.,


Plaintiff,

-versus- Civil Case No.

Juan De la Cruz,
Defendant.
x---------------------------------------x

Allegations showing it is a juridical entity:

Plaintiff XYZ Company, Inc., is a corporation duly organized and existing under and by
virtue of the laws of the Philippines, with principal offices at 1234 Ayala Ave., Makati City,
where it may be served with summons and other legal processes.

FORM NO. 7-B: CORPORATION DE FACTO AS PLAINTIFF.

XYZ Corporation,
Plaintiff,

-versus- Civil Case No.

David Fermosa,
Defendant.
x-------------------------------------x

Plaintiff XYZ Company, Inc., is a corporation with principal offices at 1234 Ayala Ave.,
Makati City, where it may be served with summons and other legal processes (keeping silent as
to the fact that the plaintiff corporation was not duly-registered as a corporation because the rule
is that where a corporation, not registered, is suing a third person on a contract the latter entered
into with it, he may not be heard to dispute the existence of said corporation, as he is stopped
from denying the corporate existence) ;

Allege cause of action…

FORM NO. 7-C: CORPORATION DE FACTO AS DEFENDANT.

ESTAFA DAMAGA,
Plaintiff,
Civil Case No. 000883
For: Sum of Money

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______________________________________________________________________________________________

- versus –

LIWANAG CORPORATION AND ANTONIO LIWANAG,


Defendant.
x -------------------------- x

COMPLAINT

PLAINTIFF, by counsel, respectfully states that:

1. Plaintiff is a Filipino, of legal age, and resident of 6750 Forbes Park, Makati City;
defendant is also a Filipino, of legal age and resident of 6752, Forbes Park, Makati City, where
he may be served with summons and other processes.

2. Sometime in January 2005 and over a period of six (6) months, defendant, a
corporation, through its president Antonio Liwanag, borrowed certain amounts from plaintiff
through its president Antonio Liwanag. Defendant promised to pay these amounts on an
installment basis monthly. These amounts now total Nine Hundred Thousand Pesos
(P900,000.00).

3. Despite repeated demands, both oral and written, defendant, said corporation has
refused to pay any amount to plaintiff, as no installment payment has even been made, alleging
that it was not liable as it did not register itself as a corporation. A copy each of plaintiff’s two (2)
demand letters is attached as ANNEX A and B.

4. Investigation shows that the persons who claimed to be president of said corporation
who were also the same person dealing with the plaintiff in connection with the loan and who
represented that the defendant Liwanag Corporation was duly registered with the Securities and
Exchange Commission, when in fact it was not.

5. Defendant’s obligation is due and demandable and plaintiff is entitled to the payment
of the entire amount of Nine Hundred Thousand Pesos (P900,000.00) plus legal interest.

6. 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 vindicate his
rights thereby committing himself to pay legal expenses amounting to Fifty Thousand Pesos
(P50,000.00).

WHEREFORE, plaintiff respectfully prays for judgment in his favor through a Decision
directing defendant to pay him NINE HUNDRED THOUSAND PESOS (P900,000.00), with
legal interest, as ACTUAL DAMAGES and FIFTY THOUSAND PESOS (P50,000.00) as
Attorney’s Fees.

Other just and equitable reliefs are also prayed for.

Quezon City for Makati; 13 April 2007.

(Sgd.) ATTICUS FINCH


Counsel for Plaintiff
[Address]

FORM NO. 8: REAL PARTIES-IN-INTEREST

REPUBLIC OF THE PHILIPPINES)


CITY OF IMUS ) S.S.

AFFIDAVIT OF INSURANCE CLAIMS


I, Miranda Curl, of legal age, Filipino, married, and presently residing at Blk 55, Lot 66,
Ibarra Homes, Tulingan, Cavite, after having been duly sworn to in accordance with law, depose
and state:

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______________________________________________________________________________________________

1. I am the owner of a certain registered motor vehicle, which I inherited from my


deceased father through intestate succession, with the particular description as follows, to
wit:
MAKE: Honda
BODY: Sedan SERIES:
Civic MODEL: 1998
PLATE NO.: UTS 101
Serial/Chassis No.: US15- 2B3509
MV FILE No.: 2477- 33438
2. On 03 October 2013 at 2 o’clock in the afternoon, the said motor vehicle met an
accident.
3. This had happened while i was parking in front of a hardware store between the two
motor vehicles, at the left side was an elf van, and while at the right was a car. At that
time, I was carefully looking at the car on my right, that I did not notice the elf van in the
parking area. When I made a reverse turn, i hit the elf by my tail light and bumper
4. It is for that reason that i am executing this affidavit to file a claim for insurance.
5. I therefore have executed this Affidavit to attest the truth I mentioned herein and for
whatever legal purposes it may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of January 2014
in Imus City, Cavite, Philippines.

MIRANDA CURL
Affiant
Philippine Passport No. 123456
valid until January 13, 2018

SUBCRIBED AND SWORN TO before me this 30th day of January 2014 in Imus City,
Cavite, Philippines, affiant exhibiting to me her competent evidence of identity indicated below
his above- stated name.
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 2014.

FORM NO. 9: REPRESENTATIVE PARTIES

REPUBLIC OF THE PHILIPPINES)


CITY OF IMUS ) S.S.
AFFIDAVIT OF PARENTAL CONSENT TO MARRIAGE
WE, KENDALL RUNNER and RON JEREMY, both of legal age, Filipinos, husband and
wife, respectively, and presently residing at Blk 55, Lot 66, Ibarra Homes, Tulingan, Cavite, after
having been duly sworn to in accordance with law, depose and state:
1. I am/we are the parents of Rocco Siffredi born in born on 18 October 1998 in Grace
Park, Caloocan City
2. My/Our child is intending to contract marriage with Nana Oguya in Meycauayan,
Bulacan;
3. I we are giving our consent to our child, Rocco Siffredi, marrying said Nana Oguya;
4. We are executing this Affidavit for the purpose of informing the authorities concerned
of the veracity of the foregoing facts and for whatever legal purposes it may serve.
IN WITNESS WHEREOF, we have hereunto set our hands this 27th day of January,
2014 in Imus City, Cavite, Philippines.
KENDALL RUNNER
Affiant (Mother)

RON JEREMY
Affiant (Father)
SUBCRIBED AND SWORN TO before me this 30th day of January 2014 in Imus City,
Cavite, Philippines, affiant exhibiting to me her Philippine Passport No. 123456 issued in Manila
on January 12, 2014 and valid until January 13, 2018.
Doc. No. _____;
Page No. _____;

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______________________________________________________________________________________________

Book No. _____;


Series of 2014.

FORM NO.10: STOCKHOLDER SUING IN A DERIVATIVE SUIT

Juan de Bagyo and Perdo Pobre


and ABC Corporation, the former
suing as representative of said corporation,
and other stockholders,

Plaintiffs,
-versus- Civil Case No. ____
Derivative suit

Jose Gabiano, Ricardo Tria, Rumolo


Castillo, Jay Padilla

Defendants.

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

Allegations showing requirements of derivative suits:

Plaintiffs Juan de Bagyo and Pedro Pobre, both of legal age, are minority stockholders of
plaintiff ABC Corporation, a corporation duly-organized and existing under and by virtue of the
laws of the Philippines, with principal offices at 532 Ayala Ave., Makati City, and are suing in
this derivative suit in the name and as representatives of said corporation.

Defendants are members of the board of directors of said corporation, who in breach of
trust, committed acts inimical to the interests of the corporation, namely: allege facts showing
violations of Sec. 31 of the Corporate Code, to the damage and prejudice of the corporation.

Allege other requirements of derivative suit, as prescribed in Rule 8 of the Interim Rules
of Procedure for Intra-Corporate controversies, such as that plaintiffs exerted all reasonable
efforts, particularly describing such efforts, to exhaust all remedies available under the articles of
incorporation, by-laws or rules governing the corporation to obtain relief they desire; that no
appraisal rights nuisance or harassment suit.
Etc.

FORM NO. 11: Actions prosecuted or defended by representatives on behalf of


beneficiaries.

ANSWER

In the Matter of the Claim


of Juan Dela Cruz against
of the Estate of Miguelito Cruz,

Administrator for the Estate of Miguelito Cruz in the above-entitled case, thru counsel, in answer
to the claim of Juan Dela Cruz in said estate, states:

That he denies the said claim on the ground that he has no knowledge of the claim to
enable him to deny or admit specifically since this was not communicated to him.

WHEREFORE, it is respectfully prayed that said claim be disapproved.

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______________________________________________________________________________________________

February 1, 2018, Cebu City.

FORM NO. 12: Spouses as Parties

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
___ Judicial Region
Branch ___
(Venue)

THE PEOPLE OF
THE PHILIPPINES
Plaintiff,
Criminal Case No. ________________
- versus –

SPOUSES HENRY AND JUDITH CRUZ


Accused.

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

INFORMATION

The undersigned Assistant Prosecutor, upon sworn complaint original filed by the
offended party, accuses Spouses Henry and Judith Cruz of the crime of CORRUPTION OF
MINORS, committed as follows:

That on or about December 21, 2017 in the city of Cebu, Philippines, within the
jurisdiction of this court, the said accused, did then and there, willfully, unlawfully, feloniously
and maliciously conceal their true name to police officer Ricardo Manggubat, duly-appointed,
qualified and acting as such, and while in the performance of his duties, asked the said accused
for their true name, and the said accused did then and there willfully, unlawfully, and feloniously
and with abuse of confidence and authority, promote and facilitate the prostitution and corruption
of a girl, named Juanita Delos Reyes, a minor of Nine years of age, for the purpose of satisfying
the carnal lust of others.

Contrary to law.
December 28, 2017, Cebu City

Assistant City Prosecutor


Witnesses:

BAIL RECOMMENDED:

Certification

FORM NO. 13: Minors as Incompetent

Republic of the Philippines


City of Cebu S.S.
x--------------------------x

AFFIDAVIT OF GUARDIANSHIP

I, Daisy Baluyot,of legal age, widow, Filipino citizen, and presently residing at Maria
Luisa, Cebu City, after having been duly sworn to in accordance with law, do hereby depose and
say:

1. ThatI am the Mother and guardian of the following minors who have an interest in the estate
of the late Juan Baluyot payable by ___________;

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______________________________________________________________________________________________

Full Name of Minor/s Date of Birth Age


Jameson Baluyot 09/28/2015 3
Marie Ella 08/26/2016 2

2. That the above mentioned minors are under my care and custody;

3. That I am competent to receive in behalf of the said minors any amount/s due them; and

4. ThatI am not an imbecile, insane, a vagrant or a vicious person or ahabitual drunkard or a


habitual criminal, and have not abandoned,neglected or refused to support said minors or caused
them to commit offenses against the law.

5. ThatI am executing this affidavit to attest to the truth of all the foregoing statements and for
whatever legal purpose it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of February 2018 at Cebu
City, Philippines.

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______________________________________________________________________________________________

FORM NO. 14: Joinder of Permissive Parties in one Complaint.

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
7th Judicial Region
Branch 11
Cebu City

AA,BB,CC,DD,EE,FF
Plaintiffs,
- versus- Civil Case No. 432
Rough Riders Bus Co.
Defendant.
x-------------------------------x
Plaintiffs are of legal age and are the heirs of the passengers of the bus owned by the
defendant as common carrier, bound for Bogo City on July 15, 2010, when said bus turned turtle
due to its driver’s driving recklessly and negligently, resulting in the death of all passengers, and
causing plaintiffs to suffer damages in the amount of no less than 300,000 PHP each for medical
ses and loss of earnings, and involving questions of law and of fact common to all plaintiffs.

FORM NO. 15: Class suit

A, B, C, D, E, F, and G, oin their own


behalf and on behalf of class members,
Plaintiffs,

-versus- Civil Case No. 000120

Juan del, Cruz, Pedro Mansalay,


Cardo Tria, and ABC Voluntary
Association
Defendants.

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

Plaintiffs are of legal age and are members of the voluntary association, known as ACD
Voluntary Association, which is composed of over 500 members, who are required to contribute
P100.00 monthly, in return for the benefits extended to its members, Plaintiffs are suing on their
own behalf as members of said association and on behalf of all other members thereof, who are
so numerous that it is impracticable to implead them all as plaintiffs.

Defendants, as officers of said association, have mismanaged its affairs, did not render
any accounting to the members, and appropriated the members’ contribution unto themselves,
thereby compelling the members thereof to compel said officers to wind up the affairs of the
association and to require defendants as officers thereof to render an accounting of the money
and property of the association.

It has been held: “An action instituted by several hundred members of a voluntary
association against their officers to compel them to wind up the associations’ affairs and render
an accounting to the money and property in their possession has been held to be a class suit. In
that case there was in truth one single right of action sought to be enforced by the numerous
plaintiffs, not separate, individual, distinct rights pertaining independently to them.

FORM NO. 16: Unwilling plaintiff, impleaded as defendant.

Pedro, Juan and David, all


Surnamed Dela Cruz,

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______________________________________________________________________________________________

Plaintiffs Civil Case no. 003258

-Versus-

Myrna dela Cruz, and Samson


Dela Cruz,
Defendants.

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

- This is an action for partition of a parcel of land consisting of 15,000 sq,m., located in
Quezon City, and which defendants inherited from their parents, when the latter died in an
accident on March 2, 2005, and since said date, defendant Samson dela Cruz, their elder
brother, has been occupying the same and reaping all its income to himself.
- The instant suit being a suit by and among members of the same family, plaintiffs exerted all
efforts to reach an amicable settlement of the case, by talking to defendant Samson dela
Cruz, convincing him to agree to extra-judicial partition of the property and even informing
him that plaintiffs are willing to forego any and even informing him that plaintiffs are
willing to forego any claim of accounting to convince him to settle the case amicably, but,
all such efforts proved useless.
- Plaintiffs had asked Myrna dela Cruz, being a co-owner to join plaintiffs as co-plaintiff, but
the latter refused, constraining plaintiffs to implead her as a defendant.

FORM No. 17: Misjoinder and non joinder of parties

Pedro Penduko, and


James Reid
Plaintiffs Civil Case no. 003258

-Versus-

Maria Esther Dela Cruz, Yoko Nga,


And Dodoy Go.
Defendants.

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

MOTION FOR MISJOINDER OF PARTIES

PLAINTIFF, by counsel, respectfully states that:

[1] On 1 June 2006, Plaintiff James Reid was made a party to the case although he
should have not been impleaded.
[2] That plaintiff is not a party in interest to the issue in the instant case since the actual
person in interest is a certain James Red.
[3] WHEREFORE, plaintiff respectfully prays that plaintiff James Reid be dropped as a
party to the case.

Quezon City; 13 April 2007.

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______________________________________________________________________________________________

FORM NO. 18: Unknown Identity of defendant

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch I, Manila

ACBD Corporation (Philippines), Inc.,


Plaintiff,

- versus - Civil Case No. 1298465

JOHN DOE, For: Replevin


Defendant.
x--------------------------------x

COMPLAINT

COMES NOW, the Plaintiff, through the undersigned counsel, and to this
Honorable Court alleges:

1. That Plaintiff is a domestic corporation existing under the laws of the


Philippines, with offices at 311 P. Casal St., Quiapo, Manila, while
defendant is an American citizen, residing at Room 1024, Manila Hotel,
where he may be served with Summons;

2. That plaintiff is the registered owner of a motor vehicle


described as a Mitsubishi Lancer, model 1984, with Plate No. DAY-203;

3. That on October 11, 2017,defendant rented from plaintiff said


Lancer car for a week from October 11 to 18, 2016

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______________________________________________________________________________________________

4. That on October 20, 2017, and for the next three (3) days
thereafter, plaintiff demanded from defendant the return of the said car;
but defendant avoided returning the car by giving one reason or another;

5. That said car has not been taken for a tax assessment or fine
pursuant to law, or seized on execution or attached;

6. That the value of the said car is P1.5M;

7. That plaintiff is ready and willing to give bond executed to the


defendant in double the value of the property for the return of the property
to the defendant should be adjudged, or for the payment of such sum that
defendant may recover from plaintiff in the action.

WHEREFORE, plaintiff prays that:


1. The sheriff or other proper officer be ordered to take possession
of the car and dispose of it in accordance with the Rules of Court;
2. After hearing, judgment be rendered declaring that plaintiff is
entitled to the possession of the car or, should this prove unavailing,
sentencing defendant to pay the value of the car.

Manila, December 23, 2017.


ATTY.
MIA C. VARGAS
XYZ
Building, Manila
IBP No.
12345; 1/3/2015;Manila
PTR No.61879; 2/2/2015; Manila
Roll of Attorneys No. 12345

FORM NO. 19: Entity without juridical personality as defendant

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LEGAL FORMS
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______________________________________________________________________________________________

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch I, Manila

ZHIA CRUZ,
Plaintiff,

- versus - Civil Case No.


1298465

ACBD Corporation (Philippines), Inc. For: Damages


Defendant.
x--------------------------------x
COMPLAINT

COMES NOW, the Plaintiff, through the undersigned counsel, and


to this Honorable Court alleges:

1. The plaintiff, of legal age, is a Filipino citizen residing in #123


Rose Street, Dela Rosa Avenue, Manila, Philippines;
2. The defendant, is a corporation engaged in selling of cars
which have an official office located in #843, Magallanes
Street, Osmena Avenue, Manila.
3. That on October 16, 2016, the plaintiff purchased the said
Lancer car from the defendants, Mr. XOXO, director of
company guaranteed the authenticity of the car and that it is in
good condition, it amounted to P890,000;

4. That on October 20, 2016, and for the next three (3) days
thereafter,the plaintiff upon going to office tried to turn on the
car but it wont start.

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______________________________________________________________________________________________

5. Due to dismay, the plaintiff called the defendant to inform them


that the car broke and to ask for reimbursement of the money
for breach of guaranty.
6. The defendant concealed the damage of the car and despite
several demands, defendant failed to reimburse the amount
paid by the plaintiff.
7. The defendant will not pay the amount as they are not liable for
the mistake of its partners like manufacturers who are at fault
and that they are not a corporation and that the acts of their
agent does not bind them as to liabilities.

WHEREFORE, plaintiff prays that:


1. The honorable court shall render decision in favor of the
plaintiff; and

2. To order the defendant to pay for the amount paid by the


plaintiff plus damages for the breach of warranty.

Manila, December 3, 2016.

ATTY. MIA C. VARGAS


XYZ Building, Manila
IBP No. 12345;
1/3/2015;Manila
PTR No.61879; 2/2/2015;
Manila
Roll of Attorneys No. 12345

FORM NO. 20: Alternative defendants

Republic of the Philippines


REGIONAL TRIAL COURT
11th
Judicial Region

19
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______________________________________________________________________________________________

Branch 54
Davao City

Fe Tuad,
Plaintiff, CIVIL CASE no.
1232143
FOR: Damages for
death, earning
capacity, Moral
Damages and
Attorney's fees
- versus –

Aurelio Laxan, Aurelio Lara


Bonifacio Cruzo, ULTRA
Speed Machine Shop
and A’s Metal
Products,
Defendants.

x- - - - - - - - - - - -x
COMPLAINT

COMES NOW, plaintiff, Fe Tuad, by counsel, and unto this


Honorable Court, most respectfully avers THAT:

Plaintiff is a Filipino, of legal age, married, and residing at 32E


Jacinto St., Davao City, where he may be served with summons, papers
and other process of this Honorable Court ACOP Law Firm, Suite 704,
LANDCO Bldg, Bajada, Davao City.

20
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______________________________________________________________________________________________

Defendant Aurelio Laxan is a Filipino, of legal age, single, and


residing at Purok 14, Mintal, Davao City, where he may be served with
summons, papers and other process of this Honorable Court.

Defendant Bonifacio Cruzo is a Filipino, of legal age, married, and


residing at Purok Sto. Nino, Buhangin, Davao City, where he may be
served with summons, papers and other process of this Honorable Court.

Defendant ULTRA Speed Machine Shop and A’s Metal Products is a


juridical entity duly registered with the Securities and Exchange
Commission. It is engaged in the selling metal products and Auto Repair.
It is represented herein by Aurelio Lara, owner and manager of ULTRA
Speed Machine Shop and A’s Metal Products. It may be served with
papers and other processes of this Honorable Court at 131 R. Magsaysay
Avenue Davao City.

Defendant Aurelio Lara is a Filipino, of legal age, married, and


residing at 131 R. Magsaysay Avenue Davao City, where he may be
served with summons, papers and other process of this Honorable Court.

Both parties have capacity to sue and to be sued.

Plaintiff herein is the wife of victim of the vehicular accident,


Romeo Tuadles who is the sole bread winner of the family.

Defendant Bonifacio Cruz, is the registered owner of a Cimarron


Jeepney, and particularly described as follows:
Make and Type: Cimarron Jeepney
Plate No.: LXX-349

Defendant ULTRA Speed Machine Shop and A’s Metal Products


owned by Aurelio Lara has legal possession of the vehicle and bound itself
by an acknowledgment attached herewith “Annex A”, to be responsible for

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______________________________________________________________________________________________

any and all incidents that may occur while the said vehicle is in their
custody.

Defendant Aurelio Lara is the employer of Aurelio Laxa, being the


owner of ULTRA Speed Machine Shop and A’s Metal Products.

On December 29, 2010, Bonifacio Cruz brought his vehicle to


ULTRA Speed Machine Shop and A’s Metal Products by Aurelio Lara for
repair and left the said vehicle at the shop.

At about January 2, 2011, Aurelio Laxa, a driver of A’s Metal


Products with his co-workers on board drove the vehicle in going to the
beach.

In driving back from the beach, Aurelio Laxa lost control of the
vehicle while negotiating a curve causing it to turn turtle resulting in the
death of one of its passengers Romeo Tuadles.

A demand letter for indemnification for damages was by plaintiff


to defendants.

Defendant Bonifacio Cruz promptly denied liability for reason


that his vehicle was used and driven without his knowledge and consent
by Aurelio Tuadles at the time of the accident.

As a result of the death of Romeo Tuadles, his family is in


financial difficulties because they depend on him as a sole wage earner in
the family. Hence, they must be made to pay for damages for the death of
Romeo Tuadles, in the amount equivalent to FIVE HUNDRED
THROUSAND PESOS (P 500,000.00).

Due to the sudden death of Romeo Tuadles, his wife and children
suffered mental anguish and serious anxiety.

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______________________________________________________________________________________________

Consequently, Plaintiff was constrained to engage the services of


counsel to whom it obligated itself to pay as Attorney's Fees the amount
equivalent to TWENTY FIVE PERCENT (25%) of the total amount to be
adjudged in favor of plaintiffs, and the costs of this suit.

PRAYER
WHEREFORE, the above premises considered, it is respectfully
prayed of this Honorable Court after hearing on the merits, that:

Defendants be ordered to pay for damages for death in the amount


of FIVE HUNDRED THROUSAND PESOS.

Defendants be ordered to pay moral damages in the amount of


FIVE HUNDRED THOUSAND PESOS (Php 500,000.00);

Defendants be ordered to pay attorney’s fees in an amount


equivalent to TWENTY FIVE PERCENT (25%) of the total amount to be
adjudged in favor of plaintiffs;

Defendants be ordered to pay the costs of this suit.

Other reliefs just and equitable under the premises are likewise
prayed for.
FORM NO. 21: Complaint for Ejectment with Damages

REPUBLIC OF THE PHILIPPINES


7th Judicial Region
MUNICIPAL TRIAL COURT IN CITIES
CITY OF BOGO
Dakit, Bogo City, Cebu

HEIRS OF PABLITO DAMAYO CIVIL CASE


NO. 1339
and ABUNDIA PERINO,

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______________________________________________________________________________________________

Plaintiffs, FOR: ACCION


PUBLICIANA/ versus –
RECOVERY OF
POSSESSION,
COSTS WITH
PRAYER FOR
PRELIMINARY
MANDATORY
INJUNCTION
-versus-

DAMAGES, ATTY’S FEES AND


SPS. ANTONIO & DEBBIE ANN
CATAQUEZ, et. al.,
Defendants.

X - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - X

COMPLAINT

COMES NOW the plaintiffs, by the undersigned counsel, unto this


Honorable Court, most respectfully state that:

Plaintiffs are Filipino citizens, of legal age, with residence and


postal address at Kalubian, Libertad, Bogo City, Cebu, Philippines, where
they may be served with notice and other processes of this Honorable
Court.

Defendants are of legal age, Filipinos and may be served with


summons and other processes of this Honorable Court at Siocon, Bogo
City, Cebu, Philippines.

Plaintiffs’ are the exclusive and absolute owners of a parcel of land


by reason of hereditary succession from their deceased parents, Spouses

24
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______________________________________________________________________________________________

Pablito Damayo and Abundia Perino, known as Lot No.2429, located at


Siocon, Bogo City, Cebu, Philippines, more particularly described as
follows:

“A parcel of land situated in Siocon, Bogo City, Cebu, Philippines,


covered by tax declaration no. 0111 16297, bounded on the North by
creek, bounded on the South by Lot Nos. 2431, 2430-prt, bounded on the
west by Lot Nos. 2428, 2431, bounded on the East by Lot Nos. 1854,
2430-part, declared in the name of Spouses Pablito Damayo and Abundia
Perino.”

Copy of the tax declaration which has an assessed value of not


more than P20,000.00 is hereto attached and made an integral part as
ANNEX “B”.
Plaintiffs and their predecessors in interests-parents had been in actual and
constructive possession and exercising acts of ownership of the above-
described as early as the year 1957 until the defendants through stealth,
violence, threat, and intimidation, unlawfully, illegally and maliciously
barged entry and took away the lawful possession of the above-described
lot from the poor and helpless plaintiffs, sometime on April 7, 2006.

One of the herein plaintiffs, Carmelita Ursabia, immediately


complained and sought the help of the barangay authorities of Siocon,
Bogo city, Cebu for unlawful and illegal entry of the defendants who land
grabbed the property owned and in possession of the plaintiffs, without
any legal authority or court order secured by the defendants, to the great
prejudice and damage of the helpless plaintiffs.

During the conference before the barangay Siocon, Bogo City,


Cebu, Barangay Captain Emma Jagdon of Siocon, Bogo city, Cebu even
commented to the defendants that they should have no immediately barged
into the subject land and dispossessed the plaintiffs without legal authority
and court orders.

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______________________________________________________________________________________________

Copy of the said minutes before the barangay is hereto attached as


ANNEX ‘C’ which forms integral part of this petition.

For the record, plaintiffs and their predecessor in interest-parents


had been in possession of the said lot for almost 50 long years and had
been faithfully and religiously paying the real property taxes on the above-
described property since 1957 and up go the present. Plaintiffs are ready
and willing to present original receipts of the taxes paid by them.

Attached hereto and marked as ANNEX D is the tax declaration


issued in the name of Spouses Pablio Damayo and Abundia Perino as early
as the year 1961. Also hereto attached as ANNEX E is the joint affidavit
of Epifania Regala and Soledad Yocte, who by themselves are lot owners
adjoining the lot in issue, attesting the aforementioned facts and truth.

Plaintiffs predecessor in interests, Spouses Pablito and Abundia


Damayo bought the lot in issue from Sergio Escolar on April 1, 1957. This
Sergio Escolar was then the registered owner of the subject parcel of land
until it was sold and transferred in favor of Spouses Damayo, the plaintiffs
predecessor-in-interest. This Sergio Escolar in turn bought the said land
from Flora Lepatan. Attached hereto and made as integral part as
ANNEXES F, G and H, respectively, are the deed of sale executed by
Escolar in favor of Spouses Damayo, the tax declaration issued in the
name of Sergio Escolar in the year 1950 and the deed of sale executed by
Flora Lepatan in favor of Sergio Escolar. In other words, series of
ownership had been made to different persons peacefully and at no point
did the defendants claim ownership on the said lot until the year 2006 that
the defendant barged entry by force and violence.

Plaintiffs failed to file an ejectment case because of their poor


financial condition, coupled with a fact that Carmelita Ursabia, one of the
plaintiffs in this case was maliciously charged of the crime of attempted
murder by Fausto Cataquez and the herein defendant Antonio Cataquez.

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______________________________________________________________________________________________

For the grave injustice, the plaintiff suffered much from the
defendants. Defendants should be directed to desist from further
unlawfully and illegally possessing the subject lot with any color of
authority or lawful court order and for them to be ordered to vacate the
same.

Great and irreparable damage and injury has been suffered by the
plaintiffs and will continue to suffer unless a preliminary mandatory
injuction be issued directing the defendants to vacate the land and leave
the premises because their actions had no place in the civilized society
when they by force immediately grabbed the land, possessed it despite of
the fact that plaintiffs were in lawful possession of the same in the concept
of an owner for almost 50 long years, Defendants should not gad put the
law into their own hands.

Plaintiffs are willing to post a bond in the amount that may be


fixed by the court to the effect that they will pay all the damages that may
sustain by reason of the writ of the preliminary mandatory injuction be
issued.

Plaintiff even caused a Legal Notice to vacate to be sent to the


defendants but the same has just fell into deaf ears. Copy of the notice to
vacate is hereto attached as ANNEX I.

That by reason of the defendants unjustified refusal to vacate the


land and their unlawful and illegal actions of dispossessing the lot in issue,
plaintiffs suffered serious anxieties, frustrations, sleepless nights
warranting the award of moral damages of not less than P30,000.00 and
exemplary damages of P30,000.00.

That plaintiffs were constrained to hire the services of counsel and


promise to pay the sum of P20,000.00, appearance fee of P1,500.00 and
litigation costs of not less than P15,000.00 and ought to be reimbursed by
the defendants solidarily.

27
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______________________________________________________________________________________________

PR AY E R
WHEREFORE, premises considered, it is most respectfully prayed
of this Honorable Court that judgment be rendered in favor of the
plaintiffs and against the defendants,
a. By directing them to restitute and vacate the land subject of
this case
b. Defendants be ordered to pay the plaintiffs jointly and
severally the following:

1. P30,000.00 as moral damages


2. P30,000.00 as exemplary damages
3. P20,000.00 as attorney’s fees
4. P1,500.00 as appearance fee per hearing
5. P15,000.00 as litigation costs

Plaintiffs also pray for such other reliefs and remedies just and
equitable under the circumstances.
Bogo City, Cebu, Philippines, October 5, 2010.

ATTY. JOVEN
MONDIGO, JR.
MADEJA-MONDIGO LAW
OFFICE
PTR NO. 6412029 1/28/10
IBP ROLL NO. 813584
1/28/10
ROLL NO. 47853
MCLE NO. 0016617
Counsel for Plaintiffs

VERIFICATION AND CERTIFICATION

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______________________________________________________________________________________________

That we, CARMELITA DAMAYO URSABIA, MYRNA


DAMAYO LEQUIN and CELIA DAMAYO DIGNOS, of legal age,
residents of Siocon, Bogo City, Cebu, Philippines, Filipino citizens, after
having been duly sworn to in accordance with law, hereby depose and say:

1. That we are the plaintiffs in the above-entitled case;


2. That we have caused the preparation of the foregoing
complaint;
3. That we have read the allegations stated therein and the same
are true and correct to the best of my knowledge and belief;

4. That we have not commenced any other action


involving the same issues in the Supreme Court, Court of
Appeals or any other court, tribunal or agency; and that to the
best of our knowledge no such action or proceeding is pending
in the said courts, tribunal or agency and that should we
hereinafter learn that the similar action or proceeding has been
filed or its pending therein, we hereby undertake to notify this
Honorable Court within five (5) days from said notice of such
similar and/or pending action or proceeding.

IN WITNESS WHEREOF, we hereunto affixed our signatures


below on this 4th day of September, 2010 at Bogo City, Cebu, Philippines.

CARMELITA D. URSABIA MYRNA D.


LEQUIN
CTC NO. CTC NO.
Issued on Issued on
At At

CELIA D. DIGNOS
CTC NO.
Issued on

29
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COMPILATION
______________________________________________________________________________________________

At

REPUBLIC OF THE PHILIPPINES)


PROVINCE OF CEBU )S.S.
CITY OF BOGO )
X--------------------/

ACKNOWLEDGMENT

BEFORE ME, Notary Public for and in the City of Bogo, Cebu,
Philippines, personally appeared CARMELITA D. URSABIA, MYRNA
D. LEQUIN and CELIA D. DIGNOS with their Community Tax
Certificates indicated below their names, known to me and to me known
to be the persons who executed and signed the foregoing instrument and
they acknowledged to me that the same is their free and voluntary act and
deed.

WITNESS MY HAND AND SEAL on this 4 th day of September,


2010 at Bogo City, Cebu, Philippines.

ATTY. CESAR M.
MADEJA
Notary Public
Until December 2010
Office Address: Cogon, Bogo
City, Cebu
Roll No. 59950
PTR 0647234, 12.08.10,
Bogo City, Cebu
IBP 0992242, 10.30.10, Cebu
MCLE Compliance No. IV-
0011872

30
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______________________________________________________________________________________________

MCLE Compliance No. V-


0008202

Doc No.
Page No.
Book No.
Series of

FORM NO. 22: Complaint For Ejectment

Republic of the Philippines


National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch 10, Makati City

Zendrix Echavez,
Plaintiff,
Civil Case No. 16
-versus-
For: Ejectment
Marilyn Cosares,
Defendant.
XX - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - XX

COMPLAINT
PLAINTIFF, by counsel, respectfully states that:

The Parties

31
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______________________________________________________________________________________________

1.) Plaintiff is a Filipino, of legal age, and resident of No. 10 Hidalgo


Street, San Lorenzo Village, Makati City;

2.) Defendant, is also a Filipino, of legal age and resident of No. 20


Ponce Street, San Lorenzo Village, Makati City, where he may be
served with summons and other court processes.

The Facts
1. By virtue of a contract of lease, the plaintiff leased unto the
defendant the aforesaid apartment for a consideration of P5,000.00 a
month as rental to be paid within the first ten (10) days of each month
starting November 3, 2011;

2. The defendant failed to pay the agreed rental for several months
starting February 19, 2012 up to the present;

3. On May 3, 2012, the plaintiff sent a letter of demand to vacate the


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

4. Despite said letter of demand which was repeated by oral demands,


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

Prayer
WHEREFORE, plaintiff respectfully prays for judgement
in his favor by ordering defendant to vacate the property and
peacefully turn over possession to plaintiff and for defendant to
pay plaintiff the amount of One Million Two Hundred Thousand
Pesos (P 1, 200,000.00) representing rentals on the machineries for
eight (8) months and fifty thousand pesos (50,000.00) for
Attorney’s Fees
Other just and equitable reliefs are also prayed for.

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______________________________________________________________________________________________

Muntinlupa City for Makati City, September 30, 2008

Atty. Marjorie Echavez


Counsel for Plaintiff
5th Floor, Madrigal Business Tower,
Madrigal Business Center, Alabang, Muntinlupa City
Attorney’s Roll No. 34975
IBP O.R No. 23655-01/ 03/08-Muntinlupa
PTR O.R No. 45321-01/03/08-Muntinlupa
MCLE Compliance No. II-008776-Nov. 17, 2008
FORM NO. 23: Affidavit of Adverse Claim

Republic of the Philippines


City of Cebu S.S.
X--------------------- ------------------- --------
-------X
AFFIDAVIT OF ADVERSE CLAIM

         I, MARIE B. DELA CRUZ, of legal age, Filipino, single and a


resident of 2223 Washington Street, Pio del Pilar, Makati City, after
having been duly sworn to in accordance with law, depose and state:

1. That on July 10, 2013, I have entered into a Deed of Conditional Sale which
was acknowledged on the same date before Notary Public Juan Tamad of
Makati City and entered in his Notarial Register as Doc. No. 2, Page 2,
Book II, Series of 2013. A copy of the said  Deed is hereto attached as
ANNEX “A” and made an integral part of this Affidavit;

2. That in the said Deed of Conditional Sale, I was the VENDEE of a certain
parcel of land covered by Transfer Certificate of Title No. 111222, more
particularly described as follows:

33
LEGAL FORMS
COMPILATION
______________________________________________________________________________________________

(Technical Description of Property)

3. That because I still have a balance on the purchase price in the


amount of P500,000.00 which is payable within one (1) (year) from the
date of signing thereof, it was stipulated in the aforementioned Deed that
title and ownership over the subject property will only be transferred upon
full payment of the same;

4. That the VENDOR in the said Deed of Conditional Sale agreed that upon
its execution, said Deed shall be annotated in the Title with
the Office of the Register of Deeds of Makati City;

5. However, since the said Deed of Conditional Sale per se could not be


annotated on the Title with the Office of the Register of Deeds, I am
therefore executing this Affidavit for the purpose of attesting to the
truthfulness of the foregoing allegations and in support of my request for
the annotation of an adverse claim over the parcel of land covered by the
Transfer Certificate of Title No. 111222.

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


of September 2013 in Makati City, Metro Manila, Philippines.
          
MARIE B. DELA CRUZ
Affiant
    
SUBCRIBED AND SWORN TO before me this 26th day of
September 2013 in Makati City, Metro Manila, Philippines, affiant
exhibiting to me her Philippine Passport No. 123456 issued in Manila on
January 12, 2012 and valid until January 12, 2017.

34
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______________________________________________________________________________________________

Doc. No. _____;


Page No. _____;
Book No. _____;
Series of 2013.

FORM NO. 24: Affidavit of Compliance

Republic of the Philippines


City of Cebu S.S.

X------------ ---------------X
1. AFFIDAVIT OF COMPLIANCE
I, Marjorie C. Echavez, of legal age, single, a resident of Escario
Extension C.F 120., Cebu, Philippines, after being sworn to in accordance
with law, depose and state:
That I am a graduate of Bachelor of Arts Major in Political Science
as my pre-law degree on March 18, 2013.
That I have submitted my transcript of records, 2 pcs. (1x1 picture)
for registrar and school I.D with royal blue background, 2 pcs. (2x2
picture) for student file, certificate of good moral character, and an NSO
authenticated birth Certificate on May 28, 2014 at University of Southern
Philippines Foundation, Salinas Drive Lahug. Cebu, Philippines.
That I have complied with all other requirements for student
admission set forth by the University of Southern Philippines Foundation,
College of Law.
AFFIANT FURTHER SAYETH NAUGHT. IN WITNESS WHEREOF, I
have here unto set my hand this 27th day of November, 2016 at
Cebu,City, Philippines.

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______________________________________________________________________________________________

Marjorie C. Echavez
Affiant

FORM NO. 25: Acknowledgement

City of Cebu S.S.

X-----------------------X
ACKNOWLEDGEMENT

BEFORE ME, this 27th day of November, 2016 in the City of


Cebu, Philippines personally appeared: Marjorie C. Echavez, with postal
Government I.D No: 3505507 issued on April 25, 2013 at Cebu City,
Philippines, 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.

Doc. No. 2; MARJORIE C. ECHAVEZ


Page No. 3; NOTARY PUBLIC for Cebu
Province
Book No. 4; Escario, Extension C.F. 120
Series of 5. Appointment No. 123456 until
December 31, 2020
Roll of Attorney: 3598733
IBP No. 361379454 / Date/Place of Issue
PTR No. 236688/ Date/ Place of
Issue

36
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COMPILATION
______________________________________________________________________________________________

FORM NO. 26: Notice of Lis Pendens

Republic of the Philippines


Cebu City, Cebu Region VII
REGIONAL TRIAL COURT
Branch 12 (66)
Cebu City

Zendrix Echavez,
Plaintiff,
Civil Case No. 16
-versus- For: Notice of Lis Pendens

Marilyn Cosares,
Defendant.
X - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X

NOTICE OF LIS PENDENS

THE REGISTER OF DEEDS


Makati City

Please take notice that a parcel of land of land covered by Transfer


Certificate of Title No. 123456 located in Cebu City registered in the name
of defendant, is the subject matter of an action for reconveyance filed by
Zendrix Echavez, above-named plaintiff. Accordingly, please record this
notice on the title.

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______________________________________________________________________________________________

Respectfully submitted.

Makati City, Philippines. December 11, 2016

ATTY. MARJORIE
ECHAVEZ Counsel
for the Plaintiff

Copy Furnished:

ATTY. MARJORIE ECHAVEZ


Counsel for the Defendant
4444 Zamora Street, Pasay City

FORM NO. 27: Motion to Cancel Lis Pendens

Republic of the Philippines


Cebu City, Cebu Region VII
REGIONAL TRIAL COURT
Branch 12 (66)
Cebu City

Zendrix Echavez,
Plaintiff,
Civil Case No. 16
-versus- For: Motion to Cancel Lis Pendens

Marilyn Cosares,
Defendant.

XX - - - - - - - - - - - - - - - - - - - - - - - - - - - - - XX

Plaintiff, by counsel and to this honorable Court, respectfully states:

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______________________________________________________________________________________________

1. Defendant caused the annotationor registration of a notice


of lis pendens on the subject matter of the instant suit,

2. Defendant caused the recording of the lis pendens for the


purpose of molesting plaintiff, and the recordal thereof is not
necessary to protect his rights to the property, his right thereto,
if any, is only indirect and contingent.

3. The recordal of the lis pendens is prejudicial to plaintiff’s


interest to the property because, being the owner of said
property , it is burden and it restricts its transferability by sale,
as no one will buy it during the pendency of the case and for as
long as the lis pendens is not cancelled.

RELIEF

WHEREFORE, plaintiff respectfully prays that the notice of


lis pendens be order cancelled.

Other just and equitable reliefs are likewise prayed for.

ATTY. MARJORIE C. ECHAVEZ


Counsel for the plaintiff
CF 120, Escario Extension, Cebu
City
Roll No. 75648
IBP No. 0456- Cebu
PTR No. 11456788, issued on April 12,
2014
MCLE Compliance Cert No. 66587

Form No. 28: Deed of Absolute Sale

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______________________________________________________________________________________________

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

That we, Spouses NICOLAS A. MAPAIT, JR. and MERLINA A.


MAPAIT, both of legal age, Filipino citizens, with residence and postal
address at Barangay Cayang, Bogo City, Cebu, Philippines, for and in
consideration of the sum of Eighty-Four Thousand Seven Hundred Eighty
Pesos (P84,780.00), to us in hand paid by ROSELLER N. GELIG,
likewise of legal age, single, Filipino and a resident of Sitio Panabilan,
Barangay Nailon, Bogo City, Cebu, Philippines, receipt whereof is hereby
acknowledged by these PRESENTS, do hereby SELL, CEDE, CONVEY,
TRANSFER and QUITCLAIM, absolutely and irrevocably, unto the said
ROSELLER N. GELIG, his heirs, assigns and/or administrators, our
rights, interest and participation over a portion of a parcel of land which is
more specifically described and bounded as follows:

“ A ONE THOUSAND THREE HUNDRED TWENTY-TWO (1,322)


SQUARE
METERS portion of a parcel of land known as Cadastral Lot No.
332-A-1 situated in Barangay Cayang, Bogo City, Cebu, bounded
on the North by Lot No. 336; on the East by Lot No. 332-A-2; on
the South by Lot No. 338-A, and on the West by Lot No. 337-A,
337-B, containing an area of 2,644 square meters, more or less and
declared under Tax Declaration No. 0111 07184A in the name of
Nicolas Mapait, Jr.”

That we have the perfect and absolute right to dispose a portion of


the above described property being the declared owners, and the said
property is free from any lien or encumbrances in any manner whatsoever
and that we shall defend the herein vendee from the claim or claims of any
person whomsoever.

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______________________________________________________________________________________________

IN WITNESS WHEREOF, we have hereunto affix our signatures


this ______day of __________________, ________, in Bogo City, Cebu,
Philippines.

NICOLAS A. MAPAIT, JR. MERLINA A.


MAPAIT
(vendor) (vendor)
CTC No. CTC No.
Issued at Issued at
On On
Gov’t. ID No. Gov’t ID No.

SIGNED IN THE PRESENCE OF:


______________________________
____________________________

Republic of the Philippines)


Province of Cebu )S.S.
City of Bogo )
x- - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - -
-X
ACKNOWLEDGMENT
BEFORE ME, the undersigned Notary Public, personally appeared
Spouses Nicolas A. Mapait, Jr. and Merlina A. Mapait with their
Community Tax Certificates and/or Identification Cards above-indicated,
KNOWN TO ME AND TO ME KNOWN to be the same persons who
executed the foregoing instrument and acknowledged the same to be their
own free will and voluntary act.
WITNESS MY HAND AND SEAL, on the same date and place
aforementioned.
Doc. No._______
Page No._______
Book No._______
Series of ______

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______________________________________________________________________________________________

FORM No. 29: Last Will and Testament

LAST WILL AND TESTAMENT

KNOW ALL MEN BY THESE PRESENTS:

I, MARJORIE C. ECHAVEZ Filipino citizen, of legal age, single,


born on the 16th day of September, 1992, a resident of Purok Orchids,
Barangay Gairan, Bogo City, Cebu, Philippines, being of sound and
disposing mind and memory, and not acting under undue influence or
intimidation from anyone, do hereby declare and proclaim this instrument
to be my Last Will and Testament, in English, the language which I am
well conversant. And I hereby declare that all my paraphernal properties
which consist of the following:

1) 1.05 hectare of corn and coconut land located


in Simbuawan
2) 1.5 hectare of land in Nailon planted with Gemelina
and Mahogany trees
3) 5,000 square meters land in Gairan planted with
Citrus trees
4) one (1) unit Suzuki van
5) one (1) unit Honda motorcycle green in color
6) one (1) unit Honda motorcycle red in color
7) assorted jewelries

shall be distributed to my love ones in this manner:

To my beloved father, Ivan, I hereby give and bequeath the 1.05


corn and coconut land located in Simbuawan;

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______________________________________________________________________________________________

To my precious cousins, Sean, Ezek and Maki, I hereby give and


bequeath in equal shares the 1.5 hectare property in Nailon planted with
Gemelina and Mahogany trees; to Kuya Sean, the Suzuki van; to Kuya
Ezek, the Honda green motorcycle; and to Maki, the Honda red
motorcycle;

To my dear brother, Roy, the 5,000 square meters property in


Gairan planted with Citrus trees; and

To my dear sister, Babie, all my jewelries;

That should I finally rest in eternal peace, it is my wish and desire


to be buried according to the rites of the Roman Catholic Church and
interred at our family mausoleum in New Corazon Cemetery, Bogo
City, Cebu;

That I hereby direct that the executor and administrator of this Last
Will and Testament or his substitute shall be excused from posting any
bond;

That I hereby revoke, set aside and annul any other will or
testamentary dispositions I have made, executed, signed or published.

IN WITNESS WHEREOF, I have hereunto affixed my signature


this 28th day of July, 2016, in Bogo City, Cebu, Philippines.

MARJORIE C
ECHAVEZ
(Testator)

ATTESTATION CLAUSE
We, the undersigned attesting witnesses, do hereby affirm that the
foregoing is the Last Will and Testament of MARJORIE C ECHAVEZ and

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______________________________________________________________________________________________

we certify that the testator executed this document while of sound mind
and memory. That the testator signed this document in our presence, at the
bottom of the last page and on the left hand margin of each and every
page, and we, in turn, at the testator’s behest have witnessed and signed
the same in every page thereof, on the left margin in the presence of the
testator and of the notary public, this 28 th day of July, 2016 at Bogo City,
Cebu, Philippines.

ARLENE DIAZ LIM JOCELYN FERNAN


BOLAMBAO
(Witness) (Witness)
P. Rodriguez St., Bogo City, Cebu Nailon, Bogo City, Cebu

DELIA YTANG SUICO


(Witness)
Gairan, Bogo City, Cebu

JOINT ACKNOWLEDGMENT

BEFORE ME, Notary Public for and in the province of Cebu,


personally appeared:

The testator Monalisa MARJORIE C ECHAVEZ, with CTC No.


1234567B issued at Bogo City, Cebu on February 2, 2016;

Witness Arlene Diaz Lim, with CTC No. 1234568B issued at Bogo
City, Cebu on January 14, 2016;

Witness Jocelyn F. Bolambao, with CTC No. 1234569 issued at


Bogo City, Cebu on January 10, 2016;

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______________________________________________________________________________________________

Witness Delia Y. Suico, with CTC No. 1234570 issued at Bogo


City, Cebu February 15, 2016;

all known to me to be the same persons who executed the foregoing Will,
the first as testator and the last three as instrumental witnesses, and they
respectively acknowledged to me that the same as their own free act and
deed.

This Last Will and Testament consists of three (3) pages, including
the page on 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.
ATTY. CESAR M.
MADEJA
Notary Public
Until December 2017
Office Address: Cogon, Bogo
City, Cebu
Roll No. 59950
PTR 0647234, 12.08.15, Bogo City, Cebu
IBP 0992242, 10.30.15, Cebu
MCLE Compliance No. IV-0011872
MCLE Compliance No. V-0008202

Doc. No._____;
Page No._____;
Book No. ____ ;
Series of 2016.

FORM NO. 30: Petition for Receivership

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______________________________________________________________________________________________

REPUBLIC OF THE PHILIPPINES)


CITY OF MANILA                         S.S.
x------------------------------------------------------------x

AFFIDAVIT

            A, of legal age, married and a resident of the City of Manila,


Philippines, after having duly sworn in accordance with
law, hereby deposes and says:           
            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 defendant is in actual physical possession of the property
in litigation and as such, he is in control of the produce of the said
property pending litigation;
            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 the defendant is hopelessly insolvent for he
is heavily indebted to various persons;
            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
theappointment 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.
            FURTHER AFFIANT SAYETH NAUGHT.

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______________________________________________________________________________________________

                                                                         
                       ______________________
                                                                                                 (Affiant)

FORM NO. 31: Petition for Voluntary Dissolution of Stock


Corporation

Republic of the Philippines


National Capital Judicial Region
Regional Trial Court
Branch 23, Manila

Profood Manufacturing Corporation,


PlaintiffS. SP. No. 56772
For: Voluntary Dissolution of
Stock Corporation
x-----------------------------------------x
PETITION FOR VOLUNTARY DISSOLUTION OF STOCK
CORPORATION

Profood Manufacturing Corporation through the undersigned borad of


directors. And unto this Honorable Court, respectfully states:

1. That the said corporation has been duly organized and existing
under the laws of the Philippines, having its principal place of
business at Maguikay , Mandaue City, Cebu;
2. That the authorized capital stock of said corporation is ONE
MILLION PESOS (P 1,000,000) Philippine currency, divided
into 10,000 shares of per value of ONE HUNDRED PESOS (P
100) per share;
3. That in a meeting of the stockholders of the corporation held in
Maguikay, Mandaue City, Cebu on March 7, 2017, the
dissolution of the said corporation was resolved upon by the
affirmative vote of the stockholders holding or representing at

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______________________________________________________________________________________________

least two-thirds (2/3) of all shares of stock issued or


subscribed;
4. That the following are the present claims and demands against
the corporation:
National Steel Corporation – P500,00 Promissory Note
Boysen Paint Corporation- P900,000 Promissory Notes
Profood Employees Union – P 100,000 13th Month Pay
4. That the Corporation has present assets to the value of One
Hundred Thousand Pesos (P100,000) over and above its debts
and liabilities.
WHEREFORE, it is respectfully prayed that upon prior publication of
notice as required by law and due hearing on this petition, this Honorable
Court adjudje and declare the above-mentioned corporation dissolved, and
that the board of directors of said corporation be designated liquidator to
take charge of winding up the affairs of the corporation.

Mandaue City, April7, 2017.


Profood Manufacturing
Corporation
By
Juan dela Cruz
President
Manny Pacman
Corporate Secretary
Nora Peet
Director
Mercedes Benz
Director
Maria Akala
Director
FORM NO. 32: Petition for Reconstitution  of Transfer Certificate of
Title

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______________________________________________________________________________________________

Republic of the Philippines


National Capital Judicial Region
 REGIONAL TRIAL COURT
Branch _____
Makati City
IN THE MATTER OF RECONSTITUTION
OF ORIGINAL COPY OF TRANSFER 
CERTIFICATE OF TITLE NO. T-123456
                                      
Spec.  Proc. No. ____
                      
ALA TITULO,  
                       Petitioner.
x-----------------------------------x
PETITION FOR RECONSTITUTION 
OF TRANSFER CERTIFICATE OF TITLE

      COMES NOW, petitioner ALA TITULO through counsel, unto this


Honorable Court, respectfully alleges:

1. That petitioner is of legal age, married, Filipino citizen and residing at 222
Teresa Street, Valenzuela, Makati City; that respondent REGIE STER is
the Register of Deeds of Makati City where he may be served with
summons and other court processes;

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


4522 Acacia Street, Pembo, Makati City and covered by

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______________________________________________________________________________________________

Transfer Certificate of Title No. T-123456, Register of Deeds of Makati


City, free of any encumbrances;

3. That on April 5, 2013 the office of the register of Deeds of Makati City was
burned and all the Torrens Titles in said office including T.C.T. No. T-
123456 were burned;

4. That said transfer certificate of title was never mortgaged or sold to anyone.

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


Makati City issue a reconstituted original certificate of title based on the
owner’s duplicate certificate of title hereto attached in the name of herein
petitioner.
       Other just and equitable reliefs are likewise prayed for.

          Respectfully submitted.
          15 August 2013
          City of Makati.
                                                                                          
ATTY. VX
YZ
                                                          Counsel for the Petitioner

FORM NO. 33: Sum of Money with prayer for the issuance of writ


of preliminary attachment

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______________________________________________________________________________________________

Republic of the Philippines


REGIONAL TRIAL COURT
5th Judicial Region
Branch _23
Legazpi City

MR. X,
Petitioner,
CIVIL CASE NO.
123
-versus- 
For: Sum of Money with pray
er
for the issuance of writ
of preliminary attachment
MR. Y,
  Respondent
x------------------ -----------------------------------------------x
COMPLAINT
COMES NOW , the plaintiff, through the undersigned counsel, and
unto this honorable court, most respectfully avers:

1. That plaintiff is of legal age, Filipino Citizen, with postal address


at#1136-A A. Maceda Street, Legazpi City;

2. That Defendant Y, is of legal age, Filipino Citizen, with postal


address at No. 24 Evangelista Street, Santolan, Pasig City, where
he may be served with summons and other processes by
this Honorable Court;

3. That sometime in January 2005, defendant obtained several


construction materials from the plaintiff in the total amount
of P5,000,000.00 as evidenced by the Purchase Order, Delivery
receipt which are hereto attached as Annexes “A” – “D” hereof;

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______________________________________________________________________________________________

4. That as payment of the said construction materials, defendant


issued several postdated checks and represented that the same
will be covered by sufficient funds on its maturity dates. Copies of
the checks are hereto attached as Annexes “E” – “G” hereof;

5. That on its maturity date, the said checks was dishonored by the
drawee banks upon presentment for payment for reason
ACCOUNT CLOSED, as evidenced by the notice of dishonor
issued by the bank which is hereto attached as Annex “H” hereof;

6.  That despite repeated demands orally and in writing, defendants


refused and continously refusing to make good the said bounced
checks or pay the construction materials to the damage and
prejudice of herein plaintiff. Copy of the demand letter is hereto attached as
Annex “I” hereof;

7. That as a result of the unwarranted and unjustifiable refusal of the


defendants to pay the said construction materials or make good
said checks, plaintiff suffered sleepless nights, serious anxiety in
which he should be awarded the amount of P100,000.00 as moral
damages, and to set an example to the public, plaintiff should be
awarded exemplary damages on the amount of P100,000.00;

ALLEGATIONS IN SUPPORT FOR THE ISSUANCE OF WRIT


OFPRELIMINARY ATTACHMENT

Plaintiff re-pleads all the foregoing averments by way of reference and in


so far as they are relevant and material to its application for the issuance of
a writ of Preliminary Attachment;

8. A sufficient cause of action exists against the defendant;

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______________________________________________________________________________________________

9. The defendant are guilty of fraud in contracting and in the performance


of their obligation as manifested by defendant, Mr. Y, who represented
himself as a credible businessman and financially capable of paying his
obligation, when in truth and in fact, he is not, and the fraudulent scheme
becoming more evident when despite demands, he failed and refused to
settle without justifiable ground his just and demandable obligation;

10. There is no sufficient security for the claim sought to be enforced by


the present action;

11. The amount due to the plaintiff in the above-entitled case is


P5,000,000.00, excluding legal fees and other charges as of to date for
which amount, an order of attachment is being sought above all legal
counterclaims against the Defendants;

12. Plaintiff is ready and willing to give a bond to be fixed by this


Honorable Court, executed to the defendant, to answer for all costs which
may be adjudged to the latter, and all damages which defendant may
sustain by reason of the attachment prayed for, if the court shall finally
adjudge that Plaintiff is not entitled thereto; In support of the foregoing
allegations, the Plaintiff has attached hereto his affidavit.

WHEREFORE, premises considered, it is most respectfully prayed unto


this Honorable Court that, after hearing, judgment be rendered as follows:

1. An order of attachment be immediately issued by this Honorable


Court, requiring the sheriff to attach properties of the Defendants
which are not exempt from execution or so much thereof as may be
sufficient to satisfy Plaintiff’s demand which is in the total amount of 
P5,000,000.00; and after hearing;

2. Judgment be rendered ordering the defendant to pay plaintiff the


amount of P5,000,000.00, representing unpaid account excluding
legal fees and other charges as of to date;

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______________________________________________________________________________________________

3. Ordering the defendants to pay the plaintiff the amount


of P100,000.00 as moral damages, and P100,000.00 as
exemplarydamages
4. P50,000.00 by way of Attorney’s fees and P2,500.00 as per appearance fee
and costs of suit;

5. Ordering the defendants to pay the costs of suit.

6. Other reliefs which are just and equitable are likewise prayed for.

Legazpi City, Philippines, March 31, 2005.

ABOGADO LAW OFFICE


Counsel for the Petitioner
Rasi Bldg., Legazpi City

By :ABOGADO A.
ABOGADO
IBP No. 1231231/2-5-05
PTRNo.123/10-2203/
Leg.Roll No. 123123
FORM NO. 34: Petition for Naturalization

REPUBLIC OF THE PHILIPPINES


FIRST JUDICAL REGION
REGIONAL TRIAL COURT OF ILOCOS NORTE
LAOAG CITY BRANCH 2

IN THE MATTER OF PETITION FOR NATURALIZATION OF


SERGEI D. IVANOVICH
Petitioner,

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______________________________________________________________________________________________

SP. PROC NO. 123


X--------------------------------------------X

PETITION FOR NATURALIZATION

PETITIONER,and unto this Honorable Court, |respectfully avers:


1. That the petitioner’s full name is SERGIE DRAGUNOV
IVANOVICH, of legal
Age, the son of Jean Jacques Ivanovich, his father and Elizabeth
Dragunov Ivanovich,
His mother; born in Laoag City, Ilocos Norte, Philippines in July 7,
1970.
2. That his present place of residence Bryg.55-A, Laoag City, Ilocos
Norte;
3. That is former place of residence were Zenelograd, Moscow,
Russia;
4. That he was born in Laoag City, Ilocos Norte;
5. That he is married to Maria Mahinhin Ivanovich; and is a father of
2(two) children;
6. That his wife Maria Mahinhin is 41 years old; having been born on
July 28, 1973;
7. That the names, sex, date and place of birth of his children are as
follows;

Name of Children Name of School


Vladimir Mahinhin Ivanovich
Ilocos Norte College of
Male, July 24, 1993 Arts and
Trades Laoag
Laoag City, Ilocos Norte City, Ilocos
Norte

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______________________________________________________________________________________________

Natalia Poklonskaya Mahinhin Ivanovich Shamrock


Elementary School
Female, January 1, 1996 Laoag City,
Ilocos Norte
Laoag City,
Ilocos Norte

8. That he arrived in the Philippines from Moscow, Russia on August


26,1980
9. That he has resided continuously in the Philippines for not less
than ten(10)
Years as permanent resident immediately preceding the date if this
petition;
10. That he speaks and writes English and Tagalog;
11. That his trade of profession is a Restaurant Chef in which he has
been engaged since January 4, 1989; and from which he derives an
annual average income of one million pesos (P1,000,000,00);
12. That he is the owner of a real estate, Situated in Brgy. 55-B Barit
Laoag City, Ilocos Norte, worth not less than five thousand pesos
(P5,000,00)
13. That he has enrolled his minor children of school age in the
following schools recognized by the government and civics are
thought as part of the school curriculum.
Said enrolment having lasted during the entire period of his required
residence in the Philippines;

Name of Children Name of School


Vladimir Mahinhin Ivanovich ShamrockElementary
School
Male, July 24, 1993 Laoag City Ilocos Norte;
and Ilocos Norte College of Arts and Trades Laoag City, Ilocos
Norte

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______________________________________________________________________________________________

Natalia Poklonskaya Mahinhin Ivanovich Shamrock


Elementary School Female, January 1, 1996
Laoag City, Ilocos Norte Laoag City, Ilocos Norte

14. That he believes in the principle underlying in the Philippine


Constitution; is of good moral character and had conducted himself
in a proper and irreproachable manner during the entire period of
his residence in the Philippines in his relations with the constituted
government as well as with the community in which he lives; has
mingled socially with the Filipinos, and has evinced a genuine
desire to learn and embrace the customs, traditions, and ideas of
the Filipinos;
15. That he is not opposed to organized government or affiliated with
any association or group of persons who uphold and teach
doctrines opposing all organized government; that he does not
defend or teach the necessity or propriety of violence, personal
assault, or assassination for the success and predominance of their
ideas; that he is not a polygamist or a believer in polygamy or in
the practice of polygamy, that he has never been convicted of any
crime involving moral turpitude, that he is not suffering from
mental alienation or incurable contagious disease’ and that he is
not a citizen or subject of a nation at war in the Philippines;

16. That he has complied with the requirements of the Naturalization


Law(CA No. 473) regarding the filing with the Office of the
Solicitor-General of his bona fide intention to become citizen of
the Philippines;
17. That it is his intention in good faith to become a citizen of the
Philippines and to renounce absolutely and forever all allegiance
and fidelity to any foreign state or sovereignty; if this petition is
granted, and particularly to Sergei Dragunov Ivanovich of which at
this time he is a citizen or subject that he will reside continuously

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______________________________________________________________________________________________

in the Philippines from date of the filing of this petition up to the


time of his admission to Philippine citizenship;
18. That he has a bit heretofore made petition for any citizenship to
any court;
19. That Maki Barrera of legal age residing at Brgy.7 Sucsuquen
Piddig , Ilocos Norte and John Altarejos Mitra of legal age,
residing at Brgy.2 San Nicolas, Ilocos Norte, who are Filipino
citizens, will appear and testify as witnesses at the hearing of this
petition;
20. That attached hereto and made integral parts of this petition are;
( a ) Affidavit of witnesses ( Annex”A”); and ( b ) a signed copy of
petitioners declaration of intention to become a citizen of the
Philippines (Annex”B”).

WHEREFORE,your petitioner prays that he be admitted a citizen


of the Philippines.

Dated at this 23rd day of July, 2014 in Laoag City, Philippines.

SERGEI D. IVANOVICH
Petirioner
Brgy.55-B Barit, Laoag City, Ilocos
Norte

VERIFICATION AND CERTIFICATION

I. SERGEI D. IVANOVICH, of legal age, a citizen of Russia


and a resident of Brgy: 55- A Barit City, do hereby depose and
say:

That I am the petitioner in the above captioned petition for


Naturalization; and

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______________________________________________________________________________________________

That I have read the allegations therein and the same are true
and correct to the best of my knowledge and belief.

And I further certify that:

I have neither commenced any other action involving the same


issues in the Supreme Court, Court of Appeals or any other
court, tribunal or agency: and

Should I hereinafter learn that the similar action or proceeding


has been filed or its pending therein. I hereby undertake to
notify this Honorable Court within five (5) days from said
notice of such similar and/or pending action or proceeding.

IN WITNESS WHEROF, I hereunto affixed my signature


below on this 25th July 2014 at Laoag City, Philippines.

SERGEI D. IVANOVICH
CTC #0123456
Issued at: Laoag City
Issued on: July 25,
2014

REPUBLIC OF THE PHILIPPINES


PROVINCE OF ILOCOS NORTE
CITY OF LAOAG

ACKNOWLEDGEMENT
BEFORE ME, a Notary Public in the City of Laoag, Province of Ilocos
Norte, Philippines, personally appeared SERGEI DRAGUNOV
IVANOVICH for his execution of a PETITION FOR
NATURALIZATION with a CTC numbered 79134679.

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______________________________________________________________________________________________

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


notarial seal on this 25th day of July, 2014 in Laoag City, Philippines.

FORM NO. 35: Escheat Proceedings

Republic of the Philippines


Regional Trial Court
City of Cebu
Branch 23

In the matter of escheat proceedings


of the estate of the deceased
JUAN DELA CRUZ
Spec Proc No. 9765
For: Escheat
x-----------------------------------------------------------------------------------x
PETITION FOR ESCHEAT

The City Prosecutor of Cebu City and in behalf of the City of Cebu, unto
this Honorable Court, respectfully avers that:

1. Juan dela Cruz, a Filipino citizen, and resident of the City of Cebu,
Province of Cebu, died intestate in the said City on March 2, 2016.

2. At the time of his death, he left real property in the City of Cebu,
Province of Cebu to wit:
A parcel of land with an area of 893, 00 square meters, located at
Barangay Lahug, Cebu City covered by Transfer Certificate of Title No.
312445.

3. He left no heir/s or persons who by law are entitles to inherit his


real property.
4.

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______________________________________________________________________________________________

WHEREFORE, it is respectfully prayed that, upon due notice and


hearing, and after the payment of his just debts and charges, the estate of
the deceased Juan dela Cruz be declared escheated in favor of the
Government in accordance with law.

Cebu City, this 23rd day of December 2016.

Marjorie C Echavez
City Prosecutor

FORM NO. 36: Complaint for Adultery


Republic of the Philippines
Regional Trial Court
Cebu City

Mario Makiling , complainant


vs.
Maria Makiling, accused
Case No. IV- 1909-09

For: Adultery

X______________________x

COMPLAINT

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______________________________________________________________________________________________

The undersigned, Mario Makiling, accuses Maria Makiling of the


crime of adultery, committed as follows, to wit:

That on or about March 2016 , at about 3 p.m. in the City of Cebu,


Province of Cebu and within the jurisdiction of this Honorable Court, the
said accusedMariaMakiling did then and there voluntarily, unlawfully, and
feloniously had sexual intercourse with her co-accused Manuel Maldito
Jr., who is not her husband, and the latter knowing her to be married to
Mario Makiling, voluntarily, unlawfully, and feloniously had carnal
knowledge with her.
Contrary to law.

Cebu City, Philippines, 16th day of July 2016.

REPUBLIC OF THE PHILIPPINES)


CITY OF CEBU) SS.
ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the City of Cebu,


personally appeared with Community Tax Certificate No. 120-091 issued
on May 25, 2016 at Cebu City and Tax Identification No. (T.I.N.) 0291-
898 , known to me and to me known to be the same person who executed
the foregoing instrument which he acknowledged to me as his free and
voluntary act and deed, consisting of only 2 pages, including this page in
which this Acknowledgement is written, duly signed by him and his
instrumental witnesses on each and every page hereof.

WITNESS MY HAND AND SEAL this 16 TH day of July 2016 at


Cebu City, Philippines.

Marjorie C. Echavez

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______________________________________________________________________________________________

NOTARY PUBLIC
IBP No. 1290-109-1
MCLE No. 62710
PTR No. 125
Roll of Attorney No. 09288
Doc. No.I-09
Page No.4
Book No. _52
Series of 2016

IN WITNESS WHEREOF, I have hereunto affirmed my signature


the 16th day of July, 2016, in the City of Cebu, Philippines.
f
i
a
JURAT

SUBSCRIBED AND SWORN before me this 16th day of July,


2016, affian exhibiting to me his Philippine Passport No.34927 issued on
July 29,2015 at Cebu City.

Marjorie C. Echavez
NOTARY PUBLIC
IBP No. 12970-109-1
MCLE No. 62710
PTR No. 125
Roll of Attorney No. 09288

Doc. No. I-09


Page No.4
Book No. _52
Series of 2016

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______________________________________________________________________________________________

FORM NO. 37: Complaint for Unlawful Detainer

Republic of the Philippines


Municipal Trial Court
Branch 5
Baguio City

Mr. Uzumaki Naruto, plaintiff                                Civil Case No. 2


Accompanied by his Attorney –in– fact,           For: Unlawful Detainer
Atty. Poging Attorney                                                                                                   
            -versus-

Mr. Uchiha Sasuke,


Defendant
x------------------------------------------x

 COMPLAINT

COMES NOW, the plaintiff together with the undersigned counsel


to this most honorable court, MOST RESPECTFULLY STATES THAT;

1. The Plaintiff is of legal age, married and a resident of Puguis,


La Trinidad Benguet. The Defendant is likewise of legal age,
married and temporary residing at Petersville Subdivision,
Baguio City.

2. The Plaintiff is the owner of the two-storey house unit located


at the Petersville Subdivision, Baguio City, and having the
residential address of PV 123 as evidenced by pertinent
documents like tax declaration and deed of sale. ( EXHIBIT
“A” )

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______________________________________________________________________________________________

3. The Defendant is the lessee of the house unit that is owned by


the Plaintiff as evidenced by the written contract of lease that
both parties signed. (Exhibit “B”).

4. The Plaintiff and the Defendant came up with a written


agreement of Lease on June 26, 2007, which they both agreed
upon and was duly signed by the two parties as shown in their
contract of lease. (Exhibit “B”)

5. Item No. 16 of the contract which the defendant signed


expressly provides that he will only be occupying the property
for one (1) year, after which, he will vacate the house when
that term expires. (Exhibit “B”)

6. The contract also provides that the defendant should also take
care of the property and its premises” with the utmost
diligence”.

7. On June 28, 2008, the plaintiff, after returning from Japan,


was surprised to discover that the defendant did not vacate the
property as he expected. Worse, he installed a “sari-sari store”
in the original building structure of the house unit.

8. The plaintiff confronted the defendant about it but the


defendant claimed that it  was a “DEED OF SALE” which they
signed and not a “CONTRACT OF LEASE” and therefore, the
defendant is the new owner of the house unit.

9. On August 20, 2008, after continuous demands, the defendant


constantly refuses to vacate the house unit and even invited
relatives to stay with him.

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______________________________________________________________________________________________

10. The defendant willfully and maliciously violated the agreement


which they mutually agreed upon, and which the defendant
signed.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of


this Honorable Court that judgement be rendered in favor of the plaintiff
and that after judgement;

a.       The defendant shall vacate the house unit owned by the plaintiff.
b.      The defendant shall be ordered to pay P 120, 000 for the Attorney’s Fees.

            Such other reliefs and remedies under the premises are likewise
prayed for.
           
Baguio City, Philippines, this 28th day of September 2008.

Poging Attorney
Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Manila
Rm. 4 2/F Baguio Boating Center
180 Burnham Lake, Baguio City

VERIFICATION AND CERTIFICATION

I, Mr. Uzumaki Naruto, of Legal age, married, Filipino Citizen and a


resident of Puguis, La Trinidad Benguet, after being sworn according to
law, hereby depose and state that;

1. I am a plaintiff in the above-stated case;

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______________________________________________________________________________________________

2. I caused the preparation of the foregoing complaint;


3. I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of
documents and records in my possession;
4. I have not commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals, or any other tribunal
or agency;
6. If I should thereafter learn that a similar action or proceeding has been
filed or is pending before the Supreme Court, the Court of Appeals, or any
other tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this Honorable Court.

Uzumaki Naruto
Complainant

In witness thereof, I, Mr. Poging Attorney, counsel of the plaintiff, have


herunto set my hand this 29th of September at Baguio City.

Poging Attorney
Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Manila
Rm. 4 2/F Baguio Boating Center
180 Burnham Lake,
Baguio City

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______________________________________________________________________________________________

FORM NO. 38: Complaint for Adultery

REPUBLIC OF THE PHILIPPINES


7TH JUDICIAL REGION
MUNICIPAL TRIAL COURT IN CITIES
CITY OF BOGO
DAKIT, BOGO CITY, CEBU

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO.


234
Plaintiff, FOR:
CONCUBINAGE
-Versus –

PETRON GASUL and JENNIFER


RUBY,
Accused.
X - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - X
I N FO R MAT I O N

The undersigned accuses PETRON GASUL and JENNIFER


RUBY, of the crime of CONCUBINAGE, committed as follows:

That on the 29oth day of June 2011 to March 2015, at Cantecson,


Gairan, City of Bogo, Province of Cebu, Philippines and within the

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______________________________________________________________________________________________

jurisdiction of this Honorable Court, the above-named accused, being


lawfully married to the complainant Vilma Gasul, without the said
marriage being legally dissolved or the complainant having been declared
presumptively dead by means of a final judgment in a proper proceedings,
did then and there willfully, unlawfully and feloniously cohabit with
accused Jennifer Ruby, knowing fully well that Petron Gasul is legally
married to Vilma Gasul.
CONTRARY TO LAW.

Bogo City, Cebu, Philippines, September 20, 2016.


CESAR M. SALAD
Deputy City
Prosecutor
MCLE Compliance
No. IV-0022819
7/04/16

Witnesses:
1. Vilma Gasul, Lawaan, New Washington, Antique
2. Antonio Gasul, Sitio Cantecson, Gairan, Bogo City, Cebu
3. Winda Bartolome, Sitio Cantecson, Gairan, Bogo City, Cebu
4. Many others.

BAIL RECOMMENDED: P10,000.00


ADDRESS OF THE ACCUSED: Petron Gasul, Cantecson, Gairan, Bogo
City, Cebu
Jennifer Ruby, A. Padre Pedro St., Bogo City,
Cebu

CERTIFICATION

I hereby certify that I have conducted preliminary investigation by


furnishing a copy of the complaint together with the supporting documents

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______________________________________________________________________________________________

and requiring them to submit their counter-affidavits. On the basis of the


evidence on records, the undersigned finds prima facie case to hold
respondents for trial in court.

SUBSCRIBED AND SWORN to before me this 20 th day of


September, 2016, at Bogo City, Cebu, Philippines.

APPROVED:
ABBY A. MANUEL IRIS R.
SHOVEL
City Prosecutor Prosecutor II
MCLE Compliance No. V-6504 OCP, Bogo
City
dated 3/03/15

FORM NO. 39: Expropriation Proceeding

REPUBLIC OF THE PHILIPPINES


SEVENTH JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 61
CITY OF BOGO
DAKIT, BOGO CITY, CEBU

REPUBLIC OF THE PHILIPPINES, CIVIL CASE NO. B-0101


Represented by City Mayor Jun
Polistico II, FOR: EXPROPRIATION
Plaintiff, OF REAL PROPERTY
- Versus –
CATALINO PUSGAY,
Defendant.
X---------------------------------- -----------X

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______________________________________________________________________________________________

COMPLAINT

COMES NOW the plaintiff through the undersigned counsel, and

unto this Honorable Court, respectfully avers:

1. That the plaintiff is the City Mayor of Bogo City, Cebu;

2. That the defendant is of legal age and a resident of Barangay


San Vicente, Bogo City, Cebu;

3. That the plaintiff, by virtue of City Ordinance No. 2016-45 has


the power to exercise the right of eminent domain and to take
private property for public use;

4. That the following described property, together with all the


improvements thereon, is a private property, owned by the
defendant, to wit:

“A parcel of land known as Cadastral Lot No. 2018


located in
Barangay San Vicente, Bogo City, Cebu declared under
Transfer Certificate of Title No. 12345 in the name of
Catalino
Pusgay containing an area of 500 square meters, more
or
less.”

5. That the above-described property is herein sought to be


condemned in order to convert the same to be the location of

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______________________________________________________________________________________________

the city health center II of the City of Bogo which is avowedly


a public purpose;
6. That the plaintiff hereby tenders and offers to deposit such sum
as may provisionally be ascertained and fixed by this
Honorable Court so that, pending these proceedings, the
plaintiff may immediately be placed in possession of the
property involved.

WHEREFORE, it is respectfully prayed:

That , after due notice and hearing, an order of


condemnation be entered, declaring that the plaintiff has a lawful
right to take the property herein sought to be condemned for the
public use hereinabove specified, upon payment of just
compensation to be determined as of the date of the filing of this
complaint;

That upon the entry of the order of condemnation, three


competent and disinterested persons be appointed as
commissioners to ascertain and report to the court the just
compensation for the property condemned;

That, pending these proceedings, the plaintiff be placed in


possession of the property involved upon deposit with the City
Treasurer of such sum as may provisionally be ascertained and
fixed by this Court, subject to the orders and final disposition of
the same.

Bogo City, Cebu, Philippines, February 28, 2017.


ATTY. MIKEIL CHRISTIAN

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______________________________________________________________________________________________

Counsel for Plaintiff

FORM NO. 40: Special Proceeding on Guardianship

REPUBLIC OF THE PHILIPPINES


SEVENTH JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 61
CITY OF BOGO
DAKIT, BOGO CITY, CEBU

IN RE: IN THE MATTER OF THE


GUARDIANSHIP OF THE MINOR
LOVE VALENTINE GO, SP. PROC.
NO. 0143
RUDOLF VALENTINE,
Petitioner.
X--------------------- ----------- ------------ X

PETITION

COMES NOW the undersigned counsel in behalf of the petitioner,

and unto this Honorable Court, respectfully avers:

1. That the petitioner who is of age, single, and a resident of Pandan


Heights, Bogo City, Cebu, Philippines, is the uncle of the minor
LOVE VALENTINE;

2. That the said minor LOVE VALENTINE, who at the time of the
filing of this petition, is only eight (8) years of age, is a resident of
Pandan Heights, Bogo City, Cebu, Philippines;

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______________________________________________________________________________________________

3. That the said minor is seized of real and personal property located
in Cogon, Bogo City, Cebu, Philippines, of the probable value of
Two Million and Five Hundred Pesos (P2,500,000.00);

4. That due to the minority of said LOVE VALENTINE it is


necessary and convenient that a guardian of his person and
property be appointed;

5. That the names, ages, and residences of the relatives of the said
minor, and the person having her in his care, are as follows, to wit:

MARIA VALENTINE, 70 years of age, grandmother, Pandan


Heights, Bogo City, Cebu
RUDOLF VALENTINE, 45 years old, uncle, Pandan Heights,
Bogo City, Cebu and the person having her care
ROMEO GO, 50 years old, uncle, Guadalupe, Cebu City
MARINA GO ARRIOLA, 48, aunt, Labangon, Cebu City

6. That as above stated, RUDOLF VALENTINE is the person having


the said minor in his care, and that he possess all qualifications to
whom letters of guardianship should issue.

WHEREFORE, it is respectfully prayed that, upon due notice and


hearing, and upon the giving of such bond as this Honorable Court may
direct, the said RUDOLF VALENTINE be appointed guardian of the
person and estate of the minor LOVE VALENTINE GO.

Bogo City, Cebu, Philippines, March 1, 2017.

ATTY. MIKEIL CHRISTIAN


Counsel for Petitioner

VERIFICATION

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______________________________________________________________________________________________

REPUBLIC OF THE PHILIPPINES)


CITY OF BOGO )SS
X - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X

RUDOLF VALENTINE, after being duly sworn in accordance


with law, deposes and says:

That he is the petitioner in the above-entitled case

That he has caused the above petition to be prepared and has read
and knows the contents thereof

That the allegations therein are true of his own knowledge

RUDOLF VALENTINE
Affiant

FORM NO. 41: Petition for Quo WArranto

REPUBLIC OF THE PHILIPPINES


SEVENTH JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 61
CITY OF BOGO
DAKIT, BOGO CITY, CEBU

IN RE: PETITION FOR QUO WARRANTO

JUAN DELA CRUZ,


Petitioner,

ELECTION
CASE NO. 001
- Versus –

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______________________________________________________________________________________________

PEDRO MARCELO,
Respondent.
X - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X

PETITION

COMES NOW the petitioner, through the undersigned counsel,

and unto this Honorable Court, respectfully alleges:

1. The petitioner is a registered candidate for the office of City


Mayor, City of Bogo, Cebu, Philippines, within the jurisdiction
of this Honorable Court;

2. That the respondent, PEDRO MARCELO, on or about May 8,


2016 was proclaimed City Mayor-elect of said city;

3. That the respondent, on or about May 18, 2016 assumed the


office of such City Mayor;

4. That said respondent, PEDRO MARCELO, is ineligible to hold


office of City Mayor on the ground of having spent in his
election campaign an amount in excess of that allowed by
Election Code.

WHEREFORE, it is respectfully prayed that after due hearing, a


writ of QUO WARRANTO be issued ousting the respondent, PEDRO
MARCELO from the office of City Mayor of Bogo City and that the said
office be declared vacant.

Bogo City, Cebu, Philippines, May 20, 2016.

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______________________________________________________________________________________________

ATTY. MIKEIL CHRISTIAN


Counsel for
Petitioner

FORM NO. 42: Complaint Affidavit

Republic of the Philippines)


___________,_________) s.s.

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

COMPLAINT AFFIDAVIT

The UNDERSIGNED, , accuses _________, of , committed as


follows, to wit:

That on or about , at about in the_____, _____,


Philippines, the said accused did then and there willfully, unlawfully,
feloniously, and by means of _____________,
committed , upon the undersigned directly by overt acts to wit:
(state the details how the crime was committed).

The undersigned executed this affidavit to attest the truthfulness of


the foregoing facts and to support the filing of Criminal Cases
against__________________for violations of _____________.
.

SUBSCRIBED AND SWORN to before me this ___ day of


_______at _________.
I HEREBY CERTIFY that I have personally examined.

FORM NO. 43: JURAT

JURAT

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______________________________________________________________________________________________

SUBSCRIBED AND SWORN to before me, this ___________day


of______________ in the City of ______________, by__________with
Passport No. issued on______________________at .
Notary Public.

Doc. No. ______;


Page No. ______;
Book No. ______;
Series of ______;

__________________
__________________

FORM No. 45: Affidavit of Loss

REPUBLIC OF THE PHILIPPINES)

) S.S.

AFFIDAVIT OF LOSS

I, ELLEN A. ADARNA, messenger of Raphael Enrique V. Coronado,


of Legal Age, Filipino, Married, born on with residential address at 316
Palin St., Block 27, Lot 77, Ai- Ai, General Tinio, GMA, Cavite,
subscribing under oath, hereby depose and state:

1. That abovementioned is the plaintiff in the case of Spouses


Coronado vs Porntakers Industry Corporation filed in the
Regional Trial Court of Imus City, Cavite, Branch 22, for
Annulment of Title with Damages;
2. Plaintiff 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;

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______________________________________________________________________________________________

3. The commission or continuance of the acts complained of


during the litigation will work injury to herein plaintiff and
that the defendant is doing, threatens, or is about to do, or is
procuring or suffering to be done the acts tending to render
the judgment ineffectual;
4. That plaintiff 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.

ELLEN ADARNA
Affiant
_____________________

BEFORE ME, appears the person of ELLEN A. ADARNA


presenting the above Affidavit, who is personally known to me or
identified by me through competent evidence of identity as defined by the
Notarial Rules as the person who signs the document and in my presence
taken an oath or affirmation before me as to such document.

WITNESS MY HAND AND SEAL this 8th day of January, 2014 in Imus
City, Cavite

Doc. No. ____;


Page No. ____;
Book No. ____;
Series of 2014.

FORM NO. 46: AFFIDAVIT OF ADVERSE CLAIM

REPUBLIC OF THE PHILIPPINES)


CITY OF MAKATI ) S.S.

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______________________________________________________________________________________________

AFFIDAVIT OF ADVERSE CLAIM

I, SASHA GREY, of legal age, Filipino, single and a


resident of 2223 Washington Street, Pio del Pilar, Makati City,
after having been duly sworn to in accordance with law, depose
and state:

1. That on July 10, 2013, I have entered into a Deed of


Conditional Sale which was acknowledged on the same
date before Notary Public Juan Tamad of Makati City and
entered in his Notarial Register as Doc. No. 2, Page 2,
Book II, Series of 2013.

A copy of the said Deed is hereto attached as ANNEX “A”


and made an integral part of this Affidavit;

2. That in the said Deed of Conditional Sale, I was the VENDEE


of a certain parcel of land covered by Transfer Certificate of
Title No. 111222, more particularly described as follows:
(Technical Description of Property)

2. That because I still have a balance on the purchase price in


the amount of P500,000.00 which is payable within one (1) (year)
from the date of signing thereof, it was stipulated in the
aforementioned Deed that title and ownership over the subject
property will only be transferred upon full payment of the same;

3. That the VENDOR in the said Deed of Conditional Sale


agreed that upon its execution, said Deed shall be annotated in the
Title with the Office of the Register of Deeds of Makati City;

4. However, since the said Deed of Conditional Sale per se


could not be annotated on the Title with the Office of the Register
of Deeds, I am therefore executing this Affidavit for the purpose
of attesting to the truthfulness of the foregoing allegations and in
support of my request for the annotation of an adverse claim over

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______________________________________________________________________________________________

the parcel of land covered by the Transfer Certificate of Title No.


111222.

IN WITNESS WHEREOF, I have hereunto set my hand this


27TH
day of January 2014 in Makati City, Metro Manila, Philippines.

SASHA GREY
Affiant
With Philippine Passport No. 123456

SUBCRIBED AND SWORN TO before me this 27TH day of


January 2014 in Makati City, Metro Manila, Philippines, affiant
exhibiting to me her Philippine Passport No. 123456 issued in
Manila on January 12, 2012 and valid until January 12, 2017.

Doc. No. _____;


Page No. _____;
Book No. ______;
Series of ______;

FORM No. 47: Affidavit of Authorization

AFFIDAVIT OF AUTHORIZATION

I, SASHA GREY, of legal age, Filipino, single, and presently residing


at Blk 55, Lot 66, Ibarra Homes, Tulingan, Cavite, after having been duly
sworn to in accordance with law, depose and state:

1. I am the owner of a certain parcel of land in the subdivision in


Tagaytay City- known as Block 1, Lot 3- which is being developed
by Doroteaville Developer Corporation.

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______________________________________________________________________________________________

2. Through this Affidavit, I hereby authorize Mr. Cedric Lee not only
to use and possess the said property but also to continue paying it
in the event there are still balances to be paid to the developer, and
have it consequently registered in his name.
3. I therefore have executed this Affidavit to attest to the truth I
mentioned herein and for whatever legal purposes it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 30th day


of January 2014 in Imus City, Cavite, Philippines.

SASHA GREY
Affiant

SUBCRIBED AND SWORN TO before me this 30th day of January


2014 in Imus City, Cavite, Philippines, affiant exhibiting to me her
Philippine Passport No. 123456 issued in Manila on January 12, 2014 and
valid until January 13, 2018.

Doc. No. _____;


Page No. _____;
Book No. _____;
Series of 2014.

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______________________________________________________________________________________________

FORM NO.48: Petition for Reconstitution of Transfer Certificate of


Title

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch _____
Makati City

IN THE MATTER OF RECONSTITUTION


OF ORIGINAL COPY OF TRANSFER
CERTIFICATE OF TITLE NO. T-123456

Spec. Proc. No. ____

ALA TITULO,
Petitioner.

X-----------------------------X

PETITION FOR RECONSTITUTION


OF TRANSFER CERTIFICATE OF TITLE

COMES NOW, petitioner ALA TITULO through counsel, unto this


Honorable Court, respectfully alleges:

1. That petitioner is of legal age, married, Filipino citizen and


residing at 222 Teresa Street, Valenzuela, Makati City; that respondent
REGIE STER is the Register of Deeds of Makati City where he may be
served with summons and other court processes;

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


4522 Acacia Street, Pembo, Makati City and covered by Transfer
Certificate of Title No. T-123456, Register of Deeds of Makati City, free of
any encumbrances;

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______________________________________________________________________________________________

3. That on April 5, 2013 the office of the register of Deeds of Makati


City was burned and all the Torrens Titles in said office including T.C.T.
No. T-123456 were burned;

4. That said transfer certificate of title was never mortgaged or sold to


anyone.

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


Makati City issue a reconstituted original certificate of title based on
the owner’s duplicate certificate of title hereto attached in the name of
herein petitioner.
Other just and equitable reliefs are likewise prayed for.

Respectfully submitted.

15 August 2013
City of Makati.

FORM NO.48: Action to remove cloud on, or quiet title to, real
property

ACTION TO REMOVE CLOUD ON, OR QUIET TITLE TO, REAL


PROPERTY

(Caption and Title)


PETITION

COMES NOW the petitioner and respectfully avers:

1. That he is the special administrator of the estate of___________,


deceased;
2. That the deceased, during his lifetime, executed a certain deed of
sale of a piece of real estate in favor of the respondent,
dated_________________, and particularly described as

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______________________________________________________________________________________________

follows, to wit:
______________________________________;
3. That the said sale is forged and fictitious, and is therefore in truth
and in fact invalid;
4. That the existence of the said alleged deed of sale is prejudicial to
the title of the lawful heirs of the deceased upon the above-
described real property;
5. That nequity demands that the sadeed of sale be surrendered and
cancelled, as it is a cloud upon the title of the deceased and his
lawful heirs.
6. WHEREFORE, it is respectfully prayed that:
A. ____________
(Attorney for the Petitioner)
Address

FORM NO. 49: Motion for Bill of Particulars

Republic of the Philippines


REGIONAL TRIAL COURT
Branch 47
Puerto Princesa City, Palawan

ALEX BERMEJ
Plaintiff, Civil case No. 5524

-versus-
FOR: DAMAGES

ROEL PONCE DE LEON


Defendant
x------------------------------------x

MOTION FOR BILL OF PARTICULARS

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______________________________________________________________________________________________

Defendant, by counsel and to this Honorable Court, respectfully states:

1. The complaint alleges that defendant public official, together


with herein defendant movant, acting singly or collectively, and
or in unlawful concert with one another, in flagrante breach of
public trust and of sheer fiduciary obligations as public officers
with gross and scandalous abuse of right and power and in brazen
violation of the Constitution and laws of the Philippines,
embarked upon a systematic plan to accumulate ill-gotten wealth.

2. The foregoing allegations are conclusions of law, which


plaintiff should clarify and flesh them with facts and specific
acts to enable defendant-movant to prepare and file a responsive
answer thereto which requires information as to precise nature,
character, scope and extent of plaintiff’s cause of action.

WHEREFORE, defendant prays that plaintiff be ordered to file a bill


of particulars of the facts and acts constituting the conclusions
alleged in the complaint.

ATTY. PERCIVAL JAMES L.


LACEBAL
Counsel for the Defendant

NOTICE OF HEARING

Atty. Juan S. Magbanua


Counsel for the defendant
Bgy. San Pedro, Puerto Princesa City

Sir:

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______________________________________________________________________________________________

Please be informed that the undersigned counsel has set the


foregoing Motion for Reconsideration for hearing on November 25, 2013
at 8:30 am, for

consideration of the Honorable Court or soon thereafter as counsel


maybe heard.

ATTY. PERCIVAL JAMES L.


LACEBAL
Counsel for the Plaintiff
Bgy. Sta. Monica. Puerto Princesa
C it y

AFFIDAVIT OF PERSONAL SERVICE

I, RUBEN R. PADILLA, of legal age and having been duly


sworn depose and say:

That I am the messenger of Atty. Arnel B. Venturillo, Counsel for


the defendant in the case entitled Alexander Bermejo vs. Roel Ponce de
Leon, Civil Case No. 65448, and that such messenger I served upon the
counsel of adverse party and other parties, the Motion for Consideration
filed in said case, as follows:

Atty. Bernardo U. Goy, counsel for the Plaintiff, by personal


service by delivering personally copy of said Motion upon said lawyer
who acknowledged receipt there of as shown by his signature or initial on
the said pleading, this 23rd day of October 2013

IN WITNESS WHEREOF, I have signed this affidavit this 24th


day of October 2013 at Puerto Princesa City.

Ruben R. Padilla

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______________________________________________________________________________________________

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public


in and for the City of Puerto Princesa and the Province of Palawan this 24 th
day of October 2013. Affiant personally came and appeared with Driver’s
License ID No. issued by the Land Transportation Office and valid until May
1, 2015, at Puerto Princesa City, bearing his photograph and signature,
known to me as the same person who personally signed the foregoing
instrument before me and

avowed under penalty of law to the whole truth of the contents of said
instrument

ATTY. PERCIVAL JAMES L. LACEBAL


Notary Public

Doc. No. ______;


Page No. ______;
Book No. ______;
Series of 2013;

Copy furnished:
Atty. Marilen Saniel
Counsel for plaintiff
Bgy. San Pedro, PPcit

FORM NO. 50: Motion for Consolidation of cases

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
National Capital Judicial Region

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______________________________________________________________________________________________

BRANCH 113
Pasay City

RAPHAEL ENRIQUE V. CORONADO,


Petitioner,

-versus-
CIVIL CASE NO. C-QTZ-24-25285-
D For: Declaration of Nullity
of
Marriage
ELLEN A. ADARNA,
Respondnt

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

EX PARTE MOTION FOR CONSOLIDATION OF CASES

Petitioner, by counsel, to this Honorable Court respectfully states:


This is a Petition for Declaration of Nullity of Marriage which was filed
on 26 June 2013.

On the same date, a Protection Order with application for TPO and
Support Pendente Lite pursuant to Administrative Matter No. 04-10-11-
C or the Rules on Violence Against Women and Their Children Act
involving the above-mentioned parties was filed and raffled before the
Regional Trial Court of Pasay City Branch 113 with Civil Case no.
BCV 2013-84.

That the two petitions involve the same parties with intertwined
issues and subject matters.

WHEREFORE, it is respectfully prayed that an order be granted to


consolidate the two actions in the Regional Trial Court Branch 113,
Pasay City where the declaration of nullity of marriage was raffled

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______________________________________________________________________________________________

which may tend to avoid unnecessary costs or delay and to serve the
best interests of the parties and to settle expeditiously the issues
involved

Imus City for Pasay City, 7 July 2013.

LOMIBAO LAW OFFICE


406 Violago Homes, Litex, Quezon City
Tel. No. 0917- 8032- 788
Email Add.: LLawOffice@yahoo.com

by:

RICA KAYE O. LOMIBAO


IBP No. 119739 CAVITE CHAPTER
PTR No. 3181314, Imus City, 1-11-12
Attorney’s Roll No. 58500
MCLE Compliance No. VI-1111201
Notice

THE CLERK OF COURT


RTC Branch 113
Pasay City

Greetings:

Please submit the foregoing motion for the


consideration and approval of the Honorable Court immediately
upon receipt hereof.

RICA KAYE O. LOMIBAO

FORM No. 51: Notice of Hearing

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______________________________________________________________________________________________

NOTICE OF HEARING

Atty. Juan S. Magbanua


Counsel for the defendant
Bgy. San Pedro, Puerto Princesa City

Sir:

Please be informed that the undersigned counsel has set the


foregoing Motion for Reconsideration for hearing on November 25, 2013
at 8:30 am, for the consideration of the Honorable Court or soon thereafter
as counsel maybe heard.

ATTY. FELY Q. BALADAD


Counsel for the Plaintiff
Bgy. Sta. Monica. Puerto Princesa City

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______________________________________________________________________________________________

FORM NO. 53: Affidavit of Personal Service

AFFIDAVIT OF PERSONAL SERVICE

I, JOSEPH D. DAJAY, of legal age and having been duly sworn depose and say:

That I am the messenger of Atty. Fely Q. Baladad, Counsel for the defendant in the case
entitled Alexander Bermejo vs. Roel Ponce de Leon, Civi CA se No. 65448, and that such
messenger I served upon the counsel of adverse party and other parties, the Motion for
Consideration filed in said case, as follows:

Atty. Arnel Belarmino, counsel for the Defendant, by personal service by delivering
personally copy of said Motion upon said lawyer who acknowledged receipt there of as shown
by his signature or initial on the said pleading, this 23rd day of October 2013

IN WITNESS WHEREOF, I have signed this affidavit this 4th day of November 1 2013
at Puerto Princesa City.
JOSEPH D. DAJAY
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of
Puerto Princesa and the Province of Palawan this 3rd day of November 2013. Affiant personally
came and appeared with Driver’s License ID No. D11-125477 issued by the Land Transportation
Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and
signature, known to me as the same person who personally signed the foregoing instrument
before me and avowed under penalty of law to the whole truth of the contents of said instrument

ATTY. FELY Q. BALADAD


Notary Public
Until December 31, 2014

Doc. No. ______;


Page No. ______;
Book No. ______;
Series of 2013;

FORM NO. 54: Motionto render judgment

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
National Capital Judicial Region
BRANCH 113
Pasay City

RAPHAEL ENRIQUE V. CORONADO,


Petitioner,

-versus-
CRIMINA CASE NO. C-QTZ-24-25285- For: Qualified
Theft
ELLEN A. ADARNA,
Respondnt

X-----------------------------x
MOTION TO RENDER JUDGMENT

Private Complainant, by counsel, to this Honorable Court respectfully states:

The above-entitled complaint was filed on 06 May 2011.

Respondent should have filed his Answer on 21 May 2011 yet, to date, upon verification
with the court records, respondent Jasper Sol Cruz has not yet filed the aforesaid Answer.

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______________________________________________________________________________________________

Private Complainant prays for the speedy resolution of this case as provided for by the
Revised Rules of Court and in consonance with the timeless legal maxim that justice
delayed is justice denied.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that a decision be rendered in the


above-entitled case in the interest of justice.
Other reliefs, which are just and equitable, are also prayed for. City of Manila,

for Imus City, 25 May 2011.

PARIL LAW OFFICE


Counsel for Private Complainant
1080 Negros Street, Balic- Balic
Sampaloc, Manila

by:JEFFREY PARIL
IBP#941296, Sampaloc Chapter, 12-27-2010
PTR#176413, Sampaloc, Manila, 1-2-2012
Attorney’s Roll No. 48000
MCLE Compliance No. II- 0009569
MCLE Compliance No. III- 0000923
MCLE Compliance No. IV- 0007733

Copy furnished:

PROSECUTOR JACK MIOF


Office of the City Prosecutor
Imus City, Cavite

CLERK OF COURT
Branch 21, Imus City

ATTY. ALEXANDER LIQUIGAN


Unit 3C, De Quiroz Bldg.,
Aguinaldo Highway, Perpetual Village,
Palico III, Imus City, Cavite

ATTY. RAPHAEL CORONADO


2nd Floor, RCVJ Building,
Don P. Campa Avenue, Barrio Uno,
2662 Dasmarinas City, Cavite

Greetings:

In view of the nature of the foregoing motion, the undersigned is requesting the Clerk of
Court to submit the same to the Honorable Court immediately upon receipt thereof, for its
consideration and resolution.
JEFFREY PARIL

Notice:

CLERK OF COURT
Regional Trial Court
Branch 21, Imus City

Explanation: Copy of the pleading was furnished to the defendant by registered mail due to the
distance of the undersigned from the said parties, making personal service thereof nopracticable.

JEFFREY PARIL

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______________________________________________________________________________________________

FORM NO. 54: Position Paper

REPUBLIC OF THE PHILIPPINES


METROPOLITAN TRIAL COURT (IN CITIES)
7TH Judicial Region
Branch 8
Cebu City

MARIA LOZANO-GARCIA,
Plaintiff, Civil Case No. 622208
For: Unlawful Detainer
-versus-
EUNELDISAN NUNEZ,
Defendant.
X------------------------------------------/

POSITION PAPER
Defendant, through counsel, and unto this Honorable Court respectfully submits this
position paper and in support thereof alleges as follow:

BACKGROUND OF THE CASE


This is an ejectment case for unlawful detainer filed by petitioner Maria Lozano-Garcia,
against Euneldisan Nunez. The case concerns a portion of Lot 128-A-2, situated at Barangay
Guadalupe, Cebu City, containing an area of SIX HUNDRED (600) SQUARE METERS, more
or less and more.
THE PARTIES
1. Plaintiff, is a Filipino, of legal age, and presently residing at 39 H. Joaquino St., Mabolo,
and Cebu City Philippines.

2. Defendant, is a Filipino, of legal age, married and presently residing at 83 C. Cabantan


Street, Barangay Guadalupe, and Cebu City, hereinafter referred to as the
“BUYER/TRANSFEREE”.
STATEMENT OF FACTS
1. On September 5, 2015, Euneldisan Nunez entered a Construction Agreement with
Dinopol Construction through its sole proprietor, Algie Dinopol for the construction of a
residential house on a contract amount of Four Million Pesos ( Php 4, 000, 000.00 ), as
hereto attached as “ANNEX B”.

2. On June 1, 2016, Euneldisan Nunez offered to buy the parcel of land, subject in this case,
located at 83 C. Cabantan Street, Barangay Guadalupe, Cebu City owned then by Johnny
Quijada, as it appears in Original Certificate of Title No. OP-41162 as hereto attached as
“ANNEX C”.
3. Due to the the improvements introduced by Euneldisan Nunez, Johnny Quijada agreed to
sell the land particularly described as - a portion of Lot 128-A-2 (LRC) Psd-09—
0064688 LRC Cad. Rec. No. 8467); containing an area of SIX HUNDRED (600)
SQUARE METERS, more or less, for a consideration of Two Million Pesos (Php
2,000,000.00). Johnny Quijada absolutely transferred the above-described land together
with the buildings and improvements existing thereon, more particularly described in
Transfer Certificate Title No. T-157.001, as hereto attached as “ANNEX D”.
4. On October 16, 2018, Euneldisan Nunez received a formal letter from Marie Lozano-
Garcia asking her to immediately vacate the premises and remove all his possessions
found thereat.

5. Efforts at the Lupong Tagapamayapa proved futile on the ground that Euneldisan Nunez,
who is in actual physical possession of the subject property and claims to be the
registered owner thereof, refuses to grant any order to vacate.

6. The Lupong Tagapamayapa was constrained to issue a certificate to file the instant
complaint.

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______________________________________________________________________________________________

STATEMENT OF THE ISSUES


1. Whether or not Euneldisan Nunez should be ejected from the premises?
2. Who has the better right over the disputed property

DISCUSSION

The plaintiff in this case has no cause of action for an ejectment case for unlawful
detainer.

In the case of Carbonilla v. Abiera, it was clearly stated thus:

Without a doubt, the registered owner of real property is entitled to its possession.
However, the owner cannot simply wrest possession thereof from whoever is in actual
occupation of the property. To recover possession, he must resort to the proper judicial
remedy and, once he chooses what action to file, he is required to satisfy the conditions
necessary for such action to prosper.

PRAYER

WHEREFORE, Premises considered, it is most respectfully prayed that the foregoing


Position Paper be noted and considered in the resolution of this case.

Other reliefs that are just and equitable under premises are likewise prayed for.

February 4, 2019, Cebu City, Philippines.

Respectfully Submitted:

CON FIRM Law OFFICE


Counsel for Defendant
Unit 214, the Walk, IT Park Apas,
Lahug, Cebu City
By:
ATTY. AIRAH S. OLO
Roll No. 29079
PTR No. 6462998-Feb. 2, 2007
IRP No. 624682-Dec. 20, 2006
(For Year 2007)
Cebu City Chapter

Copy Furnished:
(By Registered Mail)

MATUPEDADA LAW OFFICE


Counsel for plaintiff
RM. 212 Medalle Bldg. Osmena Blvd.,
Cebu City
Philippine 6000

FORM NO. 55: Pre-trial brief

REPUBLIC OF THE PHILIPPINES


METROPOLITAN TRIAL COURT (IN CITIES)
7TH Judicial Region
Branch 8
Cebu City

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______________________________________________________________________________________________

MARIA LOZANO-GARCIA,
Plaintiff, Civil Case No. 622208
For:Unlawful Detainer
-versus-

EUNELDISAN NUNEZ,
Defendant.
X------------------------------------------/

PRE-TRIAL BRIEF

COMES NOW, the DEFENDANT by counsel and to this Honorable Court,


respectfully submits this pre-trial brief as follows:

I. WILLIGNGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND


POSSIBLE TERMS OF ANY SETTLEMENT
I.1 Subject to a proposal that is fair and reasonable and a reciprocal manifestation of openness
from plaintiff, defendant is open to the possibility of amicably settling the dispute.

I.2 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 the plaintiff in as much as there is nothing to indicate
defendant’s obligation to plaintiff and second, a schedule of payments.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES


II.1 Plaintiff seeks principally to recover the property - a portion of Lot 128-A-2 (LRC) Psd-09—
0064688 LRC Cad. Rec. No. 8467). Situated in Barangay Guadalupe, Cebu City, containing an
area of SIX HUNDRED (600) SQUARE METERS, more or less and more particularly described
in transfer Certificate Title No. T-157.001, issued by Register of Deeds of Cebu City.

II.2 Defendant resists plaintiff’s claims based on the failure to state a cause of action because of:

II.2.1 A Deed of Sale entered into by the parties; that there was no right of the plaintiff
violated by the defendant, therefore, lacking in the requisite as to have a cause of action
pursuant to Section 2 of Rule 2 of the 1997 Rules of Civil Procedure.

II.3 Defendant also interposed a compulsory counterclaim for Two Hundred Thousand Pesos
(P200, 000.00)for moral damages and Sixty Three Thousand Pesos (P63, 000.00) for Attorney’s
fees and costs of suit.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES


III.1 Defendants admits the following facts:

a. Paragraph 1 of the complaint;

b. Paragraph 6 is admitted but only with regard to the receipt of the letter;

c. Paragraph 7 is admitted but only with regard to refusing to vacate the property

III.2 Subject to concrete proposal for stipulation of additional facts from plaintiff during pre-trial
or even thereafter, defendant admits no other facts from the Complaint.

IV.ISSUES TO BE RESOLVED
IV.1 Defendant submits that the following issues put forward by plaintiff are subject to proof:

IV.1.1 Plaintiff’s entitlement to the amount claimed;

V. EVIDENCE

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______________________________________________________________________________________________

V.1 Defendant intends to present the following documents:


V.1.1 The Deed of Absolute Sale entered by Johnny Quijada, seller, and Euneldisan
Nunez, buyer, and attached in his Answer as “ANNEX A.

V.2 Defendant intends to present the following witnesses:

V.2.1 Defendant himself, who will testify on the true circumstances leading to the filing
of the suit against him;
V.3 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 witness
whose testimony will become relevant to belie plaintiff’s witnesses, if necessary.

VI. RESORT TO DISCOVERY


VI.1 Considering the relatively simple issues presented, defendant does not intend to avail of
discovery at this time.

VI.2 Subject however, to concrete and reasonable request for discovery from plaintiff, defendant
reserved the right to discovery before trial.

RESPECTFULLY SUBMITTED.
Cebu City, January 15, 2019.

CON FIRM Law OFFICE


Counsel for Defendant
Unit 214, the Walk, IT Park Apas,
Lahug, Cebu City

By:

ATTY. AIRAH S. OLO


Roll No. 29079
PTR No. 6462998-Feb. 2, 2007
IRP No. 624682-Dec. 20, 2006
(For Year 2007)
Cebu City Chapter

Copy Furnished:
(By Registered Mail)

MATUPEDADA LAW OFFICE


Counsel for plaintiff
RM. 212 Medalle Bldg. Osmena Blvd.,
Cebu City
Philippine 6000

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______________________________________________________________________________________________

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____________________________________________________________________________________________
__

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______________________________________________________________________________________________

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