ETHICS & PRACTICAL EXERCISE 2005 CENTRALIZED BAR OPERATIONS

E G A L

MOST FREQUENTLY ASKED BAR QUESTIONS CONTRACTS

OR

AGREEMENTS

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

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

Red Notes in Practical Exercises

61

College of Law
& P
REPUBLIC OF THE PHILIPPINES) QUEZON CITY ) S.S. ACKNOWLEDGMENT

San Beda
L
E G A L

T H I C S

R A C T I C A L

X E R C I S E S

CHATTEL MORTGAGE (1999, 1997)

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

62

Law

San Beda College of

ETHICS & PRACTICAL EXERCISE 2005 CENTRALIZED BAR OPERATIONS

E G A L

JURAT

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

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

Red Notes in Practical Exercises

RELEASE AND WAIVER (1987)

Question No. 4: Your client Brandy Pitt was the victim of a hit and run car owned by Sharon Olba and driven by Jenny Aniston. After you had taken the steps to file the required court actions against Sharon Olba and the driver, your client was convinced by the car owner to accept a sum of money by way of settlement. Since the amount offered was fair and reasonably covered all the expenses incurred, your client accepted the offer. Prepare the document of Release and Waiver that in your opinion will best protect the interest of your client, the victim, and will likewise be legally sufficient and acceptable to the car owner and his driver. Answer: RELEASE AND WAIVER

61

College of Law
& P

San Beda
L
E G A L

T H I C S

R A C T I C A L

X E R C I S E S

I, Brandy Pitt, Filipino citizen, of legal age and resident of 7 Kitanlad, Quezon city, after having been duly sworn in accordance with law hereby state: 1. That as a result of a motor vehicle accident which occurred on November 1, 1987 in Quezon City, when I was hit by a car driven by Jenny Aniston and owned by Sharon Olba, I filed a criminal and civil complaint against both Jenny Aniston and Sharon Olba in the Regional Trial Court of Quezon City; 2. That after verifying the facts, I realized that said Jenny Aniston was not altogether reckless in driving said vehicle; 3. That in order to settle the case amicably and since the owner of the car Sharon Olba had offered to pay the sum of P10,000 for all the medical expenses and the losses that I sustained, which I hereby acknowledge, I am withdrawing my complaint in both civil and criminal cases filed in the Regional Trial Court of Quezon City (Civil Case No. 497 and Criminal Case no. 5179); 4. That by virtue thereof, I hereby waive any and all claims, criminal or civil, against said person, and further release and discharge them from any and all liability. IN WITNESS WHEREOF, I have hereunto set my signature this 27th day of November, 1987. Quezon City, November 29, 1987. BRANDY PITT JURAT

SPECIAL POWER OF ATTORNEY (1986, 1992)

Question No. 5: Prepare a special power of attorney for Mr. John Cruz, Filipino, married and a resident of Jolo, Sulu, empowering Bea Lucero, Filipino, married and a resident of No. 5 Santolan Street, Quezon City, to collect for one year starting March 1, 1987 Mr. Cruzs pension checks from the Social Security System, SSS Building, Quezon City, and to encash and pay the proceeds of the pension checks to Blue Chips Corporation, with offices at Quezon Circle, Diliman, Quezon City, until the full amount of P12,000.00 has been paid. Answer: SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That I, JOHN CRUZ, of legal age, Filipino, married and a resident of Jolo, Sulu have named, constituted and appointed and by these presents, do hereby name, constitute and appoint BEA LUCERO, of legal age, Filipino, married and a resident of No. 5, Santolan Street, Quezon City , to be my true and lawful attorney-in-fact, for me and in my name, place and stead, do and perform the following: 1. To collect for the next 12 months, starting March 1, 1987, my pension checks from the Social Security System, SSS Building, Quezon City; 2. To encash the said checks and pay the proceeds thereof to Blue Chips Corporation, located at Quezon Circle, Diliman, Quezon City, until the full amount of P12,000 is fully paid to the latter.

62

Law

San Beda College of

ETHICS & PRACTICAL EXERCISE 2005 CENTRALIZED BAR OPERATIONS

E G A L

Hereby giving and granting unto my said attorney-in-fact power and authority to do every act necessary and requisite in connection with the foregoing premises, hereby ratifying and confirming all that he may do by virtue of these presents. IN WITNESS WHEREOF, I have hereunto set my signature this 1st day of March, 1987. JOHN CRUZ Signed in the presence of: MIKE ARROYO ACKNOWLEDGMENT GLORIA RAMOS

WILLS
HOLOGRAPHIC WILL (1986, 1988)

AND

TESTAMENT

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

Red Notes in Practical Exercises

PETITION FOR PROBATE OF THE HOLOGRAPHIC WILL (1988)

Question No. 7: Draft a petition for the probate of Don Mando Paquiaos will. Answer: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Branch I, Manila

61

College of Law
& P

San Beda
L
E G A L

T H I C S

R A C T I C A L

X E R C I S E S

SP. Proceedings No. 1

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

Law

San Beda College of

NEGOTIABLE INSTRUMENTS
PROMISSORY NOTE (1991, 1994)
Question No. 8:

62

ETHICS & PRACTICAL EXERCISE 2005 CENTRALIZED BAR OPERATIONS

E G A L

Carlo Rosales asks you to prepare a negotiable promissory note wherein the promissor, Vivian Castro, binds herself to pay a loan of P50,000.00 in five (5) equal monthly installments commencing on October 1994, payable not later than the 20 th day of each month, with interest at ten percent (10%) per annum. He wants you to include an acceleration clause, and stipulations regarding attorneys fees of P5,000.00 in the event of suit to enforce the note and on venue of action which shall only be in the appropriate court in Cebu City. Prepare the requested promissory note. Answer: October 1, 1994 P50,000.00 Cebu City, Philippines I, Vivian Castro, Filipino citizen, of legal age and resident of Manila promise to pay Carlo Rosales or order the sum of P50,000.00 in five equal monthly installments commencing on October 1, 1994, payable not later than the 20th day of each month, with compounded interest at ten percent (10%) per annum; that in the event that I fail to pay any of the monthly payments, the entire balance shall immediately become due and payable; and that in the event of a suit to enforce the promissory note, I promise to pay P5,000.00 as attorneys fees; and that said action shall be filed in an appropriate court in Cebu City. VIVIAN CASTRO (Maker)

PLEADINGS
ANSWER (1976, 1984)

AND

MOTIONS

Question No. 9: Prepare an answer to a complaint denying the genuineness and due execution of the document upon which the cause of action in the complaint was based. Answer: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Branch 1, Manila

Red Notes in Practical Exercises

RICKY MARTIN, Plaintiff, - versus BRITNEY AGUILLERA, Defendant. x ---------------------------------------------- x ANSWER COMES NOW defendant, by the undersigned Counsel, and answering the plaintiffs complaint, respectfully alleges: That defendant, BRITNEY AGUILLERA, specifically denies under oath the genuineness and due execution of the document, marked as Annex A in the complaint, the truth being that the signature therein is not hers.

61

College of Law
& P
Manila, April 20, 1984.

San Beda
L
E G A L

T H I C S

R A C T I C A L

X E R C I S E S

LAWRENCE VILLEGAS Attorney for the Defendant XYZ Building, Manila IBP No. 12345; 1/3/1984; Manila PTR No.61879; 2/2/1984, Manila Roll of Attorneys No. 12344 VERIFICATION I, Britney Aguillera, subscribing under oath, hereby depose and state that: I am the defendant in the instant case. I have read the foregoing Answer and the allegations therein are true and correct of my own knowledge and based on authentic records on hand. BRITNEY AGUILLERA JURAT Note: Copy furnished.

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

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

San Beda College of

REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Branch 3, Manila JUAN DE LA CRUZ, Plaintiff, - versus PEDRO DE GUZMAN, Defendant. x ---------------------------------------------- x MOTION FOR EXTENSION OF TIME TO FILE AN ANSWER PLAINTIFF, through undersigned counsel, to this Honorable Court respectfully alleges: 1. That defendant was served with summons and a copy of the complaint on September 19, 2002 and consequently, has only up to October 4, 2002 within which to file an Answer; CIVIL CASE NO. 12345

62

Law

ETHICS & PRACTICAL EXERCISE 2005 CENTRALIZED BAR OPERATIONS

E G A L

2. That the undersigned counsel has started to prepare the Answer but, unfortunately, due to pressure of work n attending to other equally important cases; he will need additional period of 15 days from October 4, 2002, to complete and file the same; 3. That, this motion is being filed solely for the foregoing reason and not for purposes of delay. WHEREFORE, it is respectfully prayed that defendant be given an extension of 15 days from October 4, 2002 within which to file an Answer to the Complaint. Manila, September 21, 2002. PEDRO CRUZ Counsel for the Defendant XYZ Building, Manila IBP No. 12345; 1/3/1984; Manila PTR No.61879; 2/2/1984, Manila Roll of Attorneys No. 12344

NOTICE OF PRE-TRIAL CONFERENCE (1995)

Question No. 11: Draft a notice of pre-trial conference. Answer: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Branch VII, Manila JASMINE VISTAN, Plaintiff, - versus CATS MONTREAL, Defendant. x ---------------------------------------- x ORDER Civil Case No. C-1774

Red Notes in Practical Exercises

Issues being joined in this case, the Pre-Trial Conference under Section 1, Rule 20 of the Rules of Court, in relation to Circular No. 1-89 of the Supreme Court, is set for October 30, 1995, at 8:30 a.m. Counsels are instructed to notify their respective clients. Counsels are also reminded of the mandatory filing of Pre-Trial Briefs at least 3 days before the Pre-Trial date. SO ORDERED. Given this 24th day of September, 1995 at the City of Manila, Metro Manila. MALOU SAPALO Judge

61

College of Law
& P
Copy furnished: 1. Villanueva, Pineda and Marasigan Law Offices Suite 303, Pacia Complex Binondo, Manila 2. Bulseco, Duran and Tugadi Law Offices Rm. 777, Marilag Condominium Mandaluyong City, Metro Manila

San Beda
L
E G A L

T H I C S

R A C T I C A L

X E R C I S E S

ENTRY OF APPEARANCE (2002)

Question No. 12: Jose Malinlang is accused of estafa upon complaint of Joyce Mapagbigay. The case is pending before the Regional Trial Court, Branch 1, Manila, where it is docketed as Criminal Case No. 5430. Joyce engages your services as a private prosecutor. File your formal entry of appearance. For purposes of this pleading, your name is Pedro Cruz. Answer: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Manila PEOPLE OF THE PHILIPPINES, Plaintiff, - versus JOSE MALINLANG, Accused. x ----------------------------------------------- x The Clerk of Court Regional Trial Court Branch 7, Manila Kindly enter the appearance of the undersigned as Private Prosecutor in the above-entitled case, under the supervision and control of the Public Prosecutor, with the conformity of the complainant Joyce Mapagbigay, as shown below. Accordingly, it is respectfully prayed that the undersigned be furnished copies of all pleadings, orders, and notices relative to the instant case at its address indicated below. Manila, Philippines, September 22, 2005. PEDRO CRUZ Counsel for the Complainant Address: _________________ CONFORME: JOYCE MAPAGBIGAY Criminal Case No. 102078 For: ESTAFA

62

Law

San Beda College of

ETHICS & PRACTICAL EXERCISE 2005 CENTRALIZED BAR OPERATIONS

E G A L

Complainant Copies Furnished by personal delivery: The City Prosecutor Manila Atty.____________________ Counsel of the Accused (address)

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

Question No. 13: The prosecutor charged Anthony Tabbios with violating a city ordinance before the Regional Trial Court (RTC) of Manila, Branch 47. Anthony Tabbioss lawyer, Atty. Lawrence Quicho, seeks to quash the information on the ground that the RTC has no jurisdiction over the offense charged. Prepare a motion to quash. Answer: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Branch 47, Manila PEOPLE OF THE PHILIPPINES, Plaintiff, - versus Anthony Tabbios, Defendant. x ----------------------------------------------- x MOTION TO QUASH Criminal Case No. 102078 Violation of City Ordinance No. 5

Red Notes in Practical Exercises

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

61

College of Law
& P

San Beda
L
E G A L

T H I C S

R A C T I C A L

X E R C I S E S

Counsel for the Accused IBP No. 61879; 1/2/1990; Manila PTR No. 112098; 2/2/1990; Manila Roll of Attorneys No. 12344 NOTICE OF HEARING The Clerk of Court Regional Trial Court of Manila Branch 47 Please set the foregoing Motion to Quash for hearing on Friday, October 5, 1990 at 9:00 a.m. or as soon as counsel may be heard. RICHARD REYES Counsel for the Accused BP No. 61879; 1/2/1990; Manila PTR No. 112098; 2/2/1990; Manila Roll of Attorneys No. 12344 Copy Furnished: (3 days before hearing) City Prosecutor City Hall, Manila

MOTION TO DISMISS (1988, 2002)

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

San Beda College of

REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Branch 1, Quezon City JUAN DE LA CRUZ, - versus PEDRO PATERNO, Defendant. x ----------------------------------------------- x MOTION TO DISMISS NOW COMES Defendant, by his undersigned attorney, and to this Honorable Court respectfully moves that the complaint be dismissed on the ground that VENUE HAS BEEN IMPROPERLY LAID. Plaintiff, Civil Case No. 102078 For: Sum of Money

62

Law

ETHICS & PRACTICAL EXERCISE 2005 CENTRALIZED BAR OPERATIONS

E G A L

ARGUMENT The Rules of Court provides that a complaint in a civil case cognizable by the Regional Trial Court should be filed in the RTC of the place where the plaintiff or the defendant resides, at the option of the plaintiff. The complaint in the above-entitled case expressly alleges that the plaintiff is a resident of Makati City while the defendant is a resident of Caloocan City. Hence, venue has been improperly laid. PRAYER WHEREFORE, it is respectfully prayed that the complaint be dismissed. Quezon City, Philippines, September 16, 2002. PEDRO CRUZ (Attorney for Defendant) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued]

[Chapter] Atty. Purisima (By personal service) Counsel for the Plaintiff (address)

Madame: Please be notified that on October 11, 2002 at 8:30 a.m. or as soon thereafter as the matter may be heard, the undersigned counsel will submit the foregoing motion to the Honorable Court for its consideration and resolution. PEDRO CRUZ

ADMISSION OF SATISFACTION OF JUDGMENT (1986)

Question No. 15: You won a damage claim for your plaintiff client, Beth Pagaling, before the Regional Trial Court of Makati which awarded her a total of P300,000.00 in damages in a decision dated November 21, 1986. Today, defendant Jen Lim delivers a managers check payable to the order of your client in the amount of P300,000.00 and insists that the court be advised immediately. Beth Pagaling and Jen Lim show up at your house and you are requested to prepare the proper pleading so that Jen Lim can get a signed copy right away. Prepare the appropriate pleading. Answer: (Caption and title) ADMISSION OF SATISFACTION OF JUDGMENT Plaintiff, by counsel, respectfully alleges that: 1. On November 21, 1986 judgment was rendered ordering defendant to pay plaintiff P300,000.00 in damages; 2. On November 30, 1986, defendant fully satisfied the aforementioned judgment by tendering, and the plaintiff accepting, the sum adjudged against him;

Red Notes in Practical Exercises

61

College of Law
& P

San Beda
L
E G A L

T H I C S

R A C T I C A L

X E R C I S E S

WHEREFORE, in view of the payment and acceptance, plaintiff executes this Admission and prays that satisfaction of judgment in the instant case be noted and entered by the clerk in his docket. Quezon City, November 30, 1986 SHARON OLBA Counsel for Plaintiff Rockwell, Makati City PTR No. 11111; 1/2/1986; Makati City IBP NO. 22222; 2/2;1986; Makati City Roll of Attorneys No. 12344 Copy furnished: RICA DURAN Ayala Ave., Makati City

MOTION FOR SUPPORT PENDENTE LITE (2001)

Question No. 16: Draft a motion for support pendente lite to be filed in your clients pending case in the Regional Trial Court of Pasay City. Answer: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Branch 1, Pasay City WIFE, Plaintiff, - versus HUSBAND, Defendant. x ----------------------------------------------- x MOTION TO FOR SUPPORT PENDENTE LITE Plaintiff through counsel, respectfully states that: 1. On 01 June 2001, plaintiff filed the complaint in the above case praying, among others, that defendant be ordered to give plaintiff a monthly support. 2. As alleged in the complaint, defendant and plaintiff are husband and wife, having been legally married on 08 December 1996 at the Our Lady of Sorrows Church, Pasay City. A certified true copy of their marriage contract is hereto attached a Annex A, hereof. 3. As also alleged in the complaint, defendant has abandoned the conjugal home on 24 January 1998 without justifiable cause or reason, and since then defendant has failed to give any support to the plaintiff. 4. The plaintiff is without any source of income as shown by her affidavit attached hereto as Annex B hereof, whereas the defendant is a medical doctor actively engaged in the practice of his profession with an average monthly income of P80,000.00 more or less. Civil Case No. 0001011

62

Law

San Beda College of

ETHICS & PRACTICAL EXERCISE 2005 CENTRALIZED BAR OPERATIONS

E G A L

5. Considering the present prices of essential commodities, plaintiff needs a monthly allowance and support of P15,000.00 for her sustenance during the pendency of the instant case. WHEREFORE, it is most respectfully prayed of this Honorable Court that the defendant be ordered to give the plaintiff a monthly support pendente lite of P15,000.00 to be paid at plaintiffs residence on or before the 10th day of each month. Place, Date. Atty. D Counsel for Plaintiff Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued] [Chapter] (Notice of Hearing) Atty. A Counsel for Plaintiff (Address) Sir: Please take note that on ______________, 2001 at ____ a.m., the undersigned counsel will submit the foregoing motion to the Honorable Court for its consideration and resolution. Atty. D

PROVISIONAL REMEDIES
COMPLAINT FOR REPLEVIN (1979, 1986)
Question No. 17: Mr. Gene Alfajaro, General Manager of Avis Rent-A-Car (Philippines), Inc., with offices at 311 P. Casal Street, Quiapo, Manila, entered into a contract for the company whereby a car, Lancer Model 1984 valued at P290,000.00 with Plate No. DAY-203, was rented out for the week of October 11 to 18, 1986 to Mr. John Doe, an American who had indicated that he resides at Room 1024 of the Manila Hotel. The car was not returned by the latter on the date agreed upon. Prepare the verified complaint for replevin. Sign as Atty. Asunto. Answer:

Red Notes in Practical Exercises

REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Branch I, Manila Avis Rent-A-Car (Philippines), Inc., Plaintiff, - versus JOHN DOE, x--------------------------------x COMPLAINT Defendant. Civil Case No. 112098 For: Replevin

61

College of Law
& P
alleges:

San Beda
L
E G A L

T H I C S

R A C T I C A L

X E R C I S E S

COMES NOW, the Plaintiff, through the undersigned counsel, and to this Honorable Court 1. That Plaintiff is a domestic corporation existing under the laws of the Philippines, with offices at 311 P. Casal St., Quiapo, Manila, while defendant is an American citizen, residing at Room 1024, Manila Hotel, where he may be served with Summons; 2. That plaintiff is the registered owner of a motor vehicle described as a Mitsubishi Lancer, model 1984, with Plate No. DAY-203; 3. That on October 11, 1986, defendant rented from plaintiff said Lancer car for a week from October 11 to 18, 1986; 4. That on October 20, 1986, and for the next three (3) days thereafter, plaintiff demanded from defendant the return of the said car; but defendant avoided returning the car by giving one reason or another; 5. That said car has not been taken for a tax assessment or fine pursuant to law, or seized on execution or attached; 6. That the value of the said car is P290,000; 7. That plaintiff is ready and willing to give bond executed to the defendant in double the value of the property for the return of the property to the defendant should be adjudged, or for the payment of such sum that defendant may recover from plaintiff in the action. WHEREFORE, plaintiff prays that: 1. The sheriff or other proper officer be ordered to take possession of the car and dispose of it in accordance with the Rules of Court; 2. After hearing, judgment be rendered declaring that plaintiff is entitled to the possession of the car or, should this prove unavailing, sentencing defendant to pay the value of the car. Manila, December 3, 1986.

San Beda College of

ATTY. ASUNTO XYZ Building, Manila IBP No. 12345; 1/3/1986;Manila PTR No.61879; 2/2/1986; Manila Roll of Attorneys No. 12344 VERIFICATION CERTIFICATE OF NON-FORUM SHOPPING JURAT AFFIDAVIT FOR REPLEVIN

Law

SPECIAL CIVIL ACTIONS

COMPLAINT FOR EJECTMENT (1976, 1982, 1983, 1984, 1985, 1993, 1994, 1996, 1997,
2000) Question No. 18: The lease contract between Tom Cruise and Katie Holmes having expired as of June 30, 2004, Tom Cruise, the lessor, retained your services as a lawyer to file the appropriate legal

62

ETHICS & PRACTICAL EXERCISE 2005 CENTRALIZED BAR OPERATIONS

E G A L

action against Katie Holmes, the lessee, for failure of the latter to vacate the leased premises despite repeated demands. Prepare the complaint for ejectment. Answer: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT Branch III, Quezon City TOM CRUISE, Plaintiff, - versus KATIE HOLMES, Defendant. x ----------------------------------x Civil Case No. 61879 For: Ejectment

COMPLAINT COMES NOW, the Plaintiff in the above-entitled case, through counsel, and to this Honorable Court alleges: 1. That plaintiff is of age, married and residing at No. 80 Agno Street, Quezon City, while defendant is likewise of age, married and residing at No. 100 Agno Street, Quezon City, where he may be served with summons; 2. That plaintiff is the owner of a semi-concrete bungalow located at No. 100 Agno Street, Quezon City; 3. That on June 10, 2001, plaintiff leased the said bungalow to the defendant for the next three (3) years at a monthly rental of P1,000.00, payable within the first five days of each month, and that the lease contract thereon is hereto attached as Annex A; 4. That since June 11, 2004, the lease contract had already expired and, despite repeated demands, defendant had refused to vacate the premises and continues to occupy the same. 5. That written demand (Annex B hereof) to vacate and pay rentals in arrears was sent to and received by defendant but despite said demand, he failed to vacate the same or pay said rentals. WHEREFORE, it is respectfully prayed that judgment be rendered against the defendant ordering her: 1. To vacate the premises; 2. To pay the monthly sum of P1,000.00 beginning on June 11, 2004, with interest thereon at the legal rate until fully paid, until the defendant vacates said premises; 3. To pay the sum of P2,000.00 as litigation expenses and attorneys fees. Quezon City, July 7, 1983. LAWRENCE VILLEGAS Attorney for the Plaintiff XYZ Building, Quezon City IBP No. 12345; 1/3/1983; Quezon City PTR No.61879; 2/2/1983; Quezon City Roll of Attorneys No. 12344

Red Notes in Practical Exercises

61

College of Law
& P

San Beda
L
E G A L

T H I C S

R A C T I C A L

X E R C I S E S

VERIFICATION CERTIFICATION OF NON-FORUM SHOPPING JURAT

CRIMINAL ACTIONS
INFORMATION FOR RAPE (1998, 2000, 2003)
Question No. 20: Prepare an Information for rape of a 14-year old girl committed by the common-law spouse of her mother warranting the imposition of the death penalty. Answer: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Branch I, Manila

PEOPLE OF THE PHILIPPINES, Plaintiff, - versus MARTIN PARK, Defendant. x ---------------------------------------------- x INFORMATION The undersigned Public Prosecutor for the City of Manila, hereby accuses MARTIN PARK of the crime of Rape committed as follows, to wit: That, on or about 10:00 p.m. of July 4, 2000, at his house in 26 Legaspi Street, Tondo, Manila, and within the jurisdiction of this Honorable Court, the said accused, by means of repeated blows to the stomach which rendered the victim unconscious, did then and there, willfully, unlawfully and feloniously, have carnal knowledge of Jasmine Bukid, who was then a minor child, 14 years of age, and daughter of Jamaica Bukid, the common law spouse of the accused. Contrary to law. Manila, September 23, 2000. CRIM. CASE NO. 102098 For: Rape

Law

San Beda College of

LAWRENCE VILLEGAS Public Prosecutor December 31, 2000 IBP No. 61879; 1/2/2000; Manila PTR No. 112098; 2/2/2000; Manila Roll of Attorneys No. 12344

62

ETHICS & PRACTICAL EXERCISE 2005 CENTRALIZED BAR OPERATIONS

E G A L

CERTIFICATION This is to certify that a preliminary investigation has been conducted in the above-entitled case, and that on the basis of the evidence presented there is reasonable ground to believe that the offense charged has been committed and the accused is probably guilty thereof. Manila, September 23, 2000. LAWRENCE VILLEGAS. Public Prosecutor JURAT

SPECIAL PROCEEDINGS
PETITION FOR WRIT OF HABEAS CORPUS (1979, 1992)
Question No. 21: Prepare a petition for habeas corpus on behalf of Major Vanilla who has been arrested by superior police authorities and detained at the Police Sub-Station 5 of Quezon City since August 30, 1992 for participation in a robbery with homicide case.

Answer: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Branch 1, Quezon City IN THE MATTER OF THE APPLICATION FOR HABEAS CORPUS IN BEHALF OF MAJOR R. VANILLA MARY VANILLA, Petitioner, - versus CHRISTIAN TUGADI Superintendent, PHILIPPINE NATIONAL POLICE Respondent. x ---------------------------------------------------------------------- x PETITION COMES NOW the petitioner, by her undersigned counsel and to this Honorable Court respectfully states: 1. That petitioner of legal age, Filipino citizen, is the wife of Major R. VANILLA, residing at 177 Mayon, Quezon City; that respondent is the incumbent Superintendent of the Philippine National Police, Quezon City with office at City Hall, Quezon City, where he may be served with summons and other court processes;

Red Notes in Practical Exercises

61

College of Law
& P

San Beda
L
E G A L

T H I C S

R A C T I C A L

X E R C I S E S

2. That on August 30, 1992 Major R. Vanilla of the PNP, Quezon City while holding a gun was arrested by superior police authorities for alleged participation in a robbery with homicide in Quezon City; 3. That since then and up to the present, Major R. Vanilla was detained at the Police SubStation 5, Quezon City, without any formal charge filed against him; 4. That Major R. Vanilla had not participated in any alleged robbery with homicide; hence his arrest and detention is without any lawful cause; 5. That Major R. Vanilla is restrained of his liberty without due process of law. WHEREFORE, in view of the foregoing, it is respectfully prayed that this Honorable Court: 1. Order respondent and/or his agents to appear before this Honorable Court and produce Major R. Vanilla and forthwith explain why he should not be released from detention immediately; 2. Declare his arrest and detention as invalid and unconstitutional. Petitioner further prays for such other relief and remedy as this Honorable Court may deem just and equitable. Quezon City, Philippines, September 26, 1992. LAWRENCE VILLEGAS Counsel for Petitioner IBP No. 61879; 1/2/1992; Quezon City PTR No. 112098; 2/2/1992; Quezon City Roll of Attorneys No. 12344 VERIFICATION I, Mary Vanilla, hereby deposes and states that: I am the petitioner in the above-entitled case; I have caused the filing of the petition and the contents thereof are true and correct of my own knowledge and based on authentic records. Quezon City, September 23, 1992. MARY VANILLA Petitioner JURAT SUBSCRIBED AND SWORN to before me this 26 th day of September, 1992 by MARY VANILLA, exhibiting to me her Community Tax Certificate No. 12346 issued at Quezon City on January 4, 1992. LAWRENCE VILLEGAS Notary Public Until December 31, 1992 PTR No. 61879; 1/2/1992;Q.C. IBP No. 112098; 2/2/1992; Q.C. Roll of Attorneys No. 12344 Doc. No. 10; Page No. 20;

62

Law

San Beda College of

ETHICS & PRACTICAL EXERCISE 2005 CENTRALIZED BAR OPERATIONS

E G A L

Book No. V; Series of 1992. CERTIFICATION OF NON-FORUM SHOPPING

Red Notes in Practical Exercises

61

College of Law
& P

San Beda
L
E G A L

T H I C S

R A C T I C A L

X E R C I S E S

2004 BAR EXAM QUESTIONS & ANSWERS

CRIMINAL INFORMATION; HOMICIDE
Question No. 1 Prepare a draft of a criminal information charging a person with the crime of homicide, complete with caption and title and required certification re preliminary investigation. Do not use real names but supply all facts needed. Answer: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT MANILA PEOPLE OF THE PHILIPPINES, Plaintiff, - versus Boy Asunto, CRIM. CASE No. 147215 For: Homicide Accused. x ---------------------------------------------- x INFORMATION The undersigned Assistant City Prosecutor hereby accuses Boy Asunto of the crime of Homicide committed as follows:

San Beda College of

That on or about August 12, 2001, San Juan, Manila within the jurisdiction of this court, the said accused, armed with a bladed weapon, with intent to kill, did then and there willfully, unlawfully and feloniously attack, assault and stab one Artemio Co, thereby inflicting upon him a fatal wound which directly caused his death. Contrary to law. Manila, October 15 , 2001 . JOHN PASCUAL Provincial Fiscal WITNESSES: BLESILDA CRISTOBAL MARIANO BATUMBAKAL CERTIFICATION I hereby certify that a preliminary investigation was conducted in the above-entitled case, and there is prima facie evidence that the crime of Homicide has been committed and that the accused is probably guilty thereof.

62

Law

LEGAL ETHICS & PRACTICAL EXERCISE 2005 CENTRALIZED BAR OPERATIONS

PATRICK SALONGA City Prosecutor Bail Recommended: None

ACKNOWLEDGMENT

Question No. 2 Prepare an acknowledgment of a deed of sale of a registered parcel of land, consisting of four pages inclusive of the page where the acknowledgment appears. Supply fictitious names of the parties, the notary public and details of the parties community tax certificates. Answer: ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES PROVINCE OF _______________ CITY/MUNICIPALITY OF _______ S.S.

BEFORE ME, this 10 day of April, 2005 in the Municipality of Malolos, Province of Bulacan, Philippines, personally appeared ABC and DEF, with Community Tax Certificate No. 25-02-003180 and 25-02-056170 issued by Municipaility of Malolos, on June 4, 2004 and March 6, 2003, respectively, known to me to be the same persons who executed the foregoing instrument, and who acknowledged to me that the same is their free act and deed. This instrument, consisting of 4 pages, including the page on which this acknowledgment is written, has been signed on the left margin of each and every page thereof by ABC and DEF and their witnesses, and sealed with my notarial seal. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, on the day, year, and place above written. JUAN IGNACIO Notary Public for Malolos, Bulacan #57 Sto. Nino Malolos, Bulacan Appointment No. 578 Until January 1, 2006 Roll of Attorneys No. 632145 PTR No. 54217; [3/1/02][Manila City] IBP No. 35654;[4/5/00][Bulacan Chapter] Doc. No. 45; Page No. 008; Book No. 53; Series of 2005.

Red Notes in Practical Exercises

VERIFICATION; NON FORUM SHOPPING CERTIFICATION

Question No. 3 Prepare a draft of the verification and non-forum shopping certification. Answer: VERIFICATION I, RAPHY GAYONA, subscribing under oath, hereby deposes and states that: I am the plaintiff in the instant case.

61

College of Law
& P

San Beda
L
E G A L

T H I C S

R A C T I C A L

X E R C I S E S

I have read the foregoing Complaint and the allegations therein are true and correct of my own knowledge and/or based on authentic records on hand. I attest to the authenticity of the annexes thereof. RAPHY GAYONA CERTIFICATION I certify that: a. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or different Divisions thereof, or any other tribunal or agency. b. No such action or proceeding is pending in the Supreme Court, the Court of Appeals, or different Divisions thereof, or any other tribunal or agency. c. If I should learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different Divisions thereof, or any other tribunal or agency, I hereby undertake to notify this Honorable Court within five (5) days from such notice. RAPHY GAYONA

NOTARIAL WILL; ATTESTATION CLAUSE

Question No. 4 Prepare a complete draft of an attestation clause of a notarial will. Answer: ATTESTATION CLAUSE

San Beda College of

We, the undersigned attesting witnesses, whose residences are stated opposite our respective names, do hereby certify: That the testator, ___________________, has published unto us the foregoing will consisting of _____ pages numbered correlatively in letters on the upper part of each page, as his/her Last Will and Testament and has signed the same on each and every page thereof on the left margin, in our joint presence, and we, in turn, at his/her request have witnessed and signed the same on each and every page thereof, on the left margin, in the presence of the testator and in the presence of each and all of us. __________________________ (name and signature of witness) __________________________ (name and signature of witness) __________________________ (name and signature of witness) ______________________________________ (residence) ______________________________________ (residence) ______________________________________ (residence)

62

Law

LEGAL ETHICS & PRACTICAL EXERCISE 2005 CENTRALIZED BAR OPERATIONS

CHECKLIST OF REQUIREMENTS I. DEED (TAPCAPSA) 1. Title 2. Announcement 3. Party One 4. Consideration 5. Act or Conveyance 6. Party Two 7. Signature 8. Acknowledgment II. CONTRACT (TAAWACSA) 1. 2. 3. 4. 5. 6. 7. 8.
Title Announcement Actors Whereases Agreement Proper Conditions or terms Signatures Acknowledgment

2. 3. 4. 5. 6. 7. 1. 2. 3. 4. 5. 6. 7.

Title Person Oath Statement Signature Jurat

V. JUDICIAL FORM (CTIBRAP)

Caption Title Introduction Body Relief Attorney Plus or addendum (such as verification, explanation, certification of non-forum shopping, copy furnished, notice of hearing)

III. LAST WILL AND TESTAMENT

Note: It involves three actors making separate statements, namely: the testator, the witness and the notary public. 1. For the TESTATORs statement conveying the estate to his heirs, use the format of the ordinary deed. 2. The three WITNESSES make an attestation as to number of pages of the will and the fact that the testator signed the will and every page of it in the presence of the witnesses, and that the latter witnessed and signed the will and all its pages on the left margin in the presence of the testator and of one another. 3. The NOTARY PUBLIC states in the acknowledgment that the testator and his witnesses acknowledged the will and its attestation before him.

Note: The above pattern is available for all kinds of judicial pleadings and motions. You need only vary the contents and the plus portion. COMPLAINT The body of a complaint usually has two parts: the identity of the parties and the cause of action (a statement of the right of the plaintiff and a statement of defendants violation of such right) PLUS: Proof of service and Explanation Statement of copy furnished to the adverse party If filing of a pleading or service of its copy on adverse party is done by REGISTERED MAIL, another plus is the need to give an explanation why personal filing or service could not be done. DENIAL OF AN ACTIONABLE DOCUMENT PLUS: Verification and Copy furnished

Red Notes in Practical Exercises

MOTION
The body of a motion usually has two parts: the ground for the motion and the argument. PLUS: Proof of Service and Explanation

IV. SWORN STATEMENT AFFIDAVIT (VT-POS-SJ) 1.

Venue

or

61

College of Law
& P
Statement of copy furnished to the adverse party INFORMATION (CTIBAP)

San Beda
L
E G A L

T H I C S

R A C T I C A L

X E R C I S E S

Certification (mandatory) List of witnesses Recommended amount of bail

1. 2. 3. 4. 5. 6.

Caption Title Introduction Body Attorney Plus or Addendum

The People of the Philippines is denominated as plaintiff even if the person charged is called the accused. The prosecutor omits the mention of the relief he wants because the law prescribes penalties for specific crimes.

62

Law

San Beda College of