Professional Documents
Culture Documents
RICA DURAN
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) JURAT REM TUGADI (Mortgagee)
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NEGOTIABLE INSTRUMENTS
PROMISSORY NOTE (1991, 1994)
Question No. 8: 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.
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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. Manila, April 20, 1984. 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
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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; 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.
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JOYCE MAPAGBIGAY Complainant Copies Furnished by personal delivery: The City Prosecutor Manila Atty.____________________ Counsel of the Accused (address)
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: REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Branch I, Manila Avis Rent-A-Car (Philippines), Inc., Plaintiff, - versus JOHN DOE, 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, 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; Civil Case No. 112098 For: Replevin
COMPLAINT COMES NOW, the Plaintiff in the above-entitled case, through counsel, and to this Honorable Court alleges:
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CRIMINAL ACTIONS
RED NOTES IN PRACTICAL EXERCISES
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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.
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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.
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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
MOTION
The body of a motion usually has two parts: the ground for the motion and the argument. PLUS: Proof of Service and Explanation Statement of copy furnished to the adverse party INFORMATION (CTIBAP)
1. 2. 3. 4. 5. 6. Caption Title Introduction Body Attorney Plus or Addendum Certification (mandatory) List of witnesses Recommended amount of bail
or
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.
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