ON WRITING, LEGALLY

(2009 Revision)1

THEODORE O. TE2

Intended for Exclusive Use of the University of the Philippines College of Law Bar Examination Candidates for 2009 in the Professional Enhancement Program-Bar Review 2009

Any other use, without permission of the author, is prohibited and all legal rights are reserved.

These forms were first made in 1997 and distributed n 1998 for use in the UP-LSG Bar Ops for that year; its was formerly titled Pleadings, Petitions, Motions and Other Legal and Judicial Forms. It was last revised in this form 2007; the contents are also published by CDAsia as Philippine Legal and Judicial Form and s copyright is owned by the Author. All rights are reserved.. 2 Assistant Professor, University of the Philippines; Vice President for Legal Affairs, University of the Philippines; Former Director, Office of Legal Aid; Ll.B., U.P. (1990); Grateful acknowledgement is given to Atty. Feliz Marie M. Guerrero, J.D. U.P. (2008) for invaluable assistance in re-formatting, proofreading and updating of legal references.

TABLE OF CONTENTS
Table of Contents On Writing, Legally I. COMMON FORMS A. Caption and Title B. Prayer C. Jurat D. Verification E. Certification against Forum Shopping F. Combined Verification and Certification against Forum Shopping G. Combined Verification, Certification against Forum Shopping, and Statement of Material Dates H. Request for and Notice of Hearing I. Proof of Personal Service J. Proof of service by registered mail (with Explanation for failure to serve personally) K. Place, date, signature, address, Roll number, IBP receipt number, PTR number L. Acknowledgement M. Notice of Appeal II. PLEADINGS AND OTHER LEGAL DOCUMENTS IN CIVIL PROCEDURE A. Complaint (and other initiatory pleadings) 1. Complaint for ejectment with damages 2. Complaint for sum of money 3. Complaint for Replevin 4. Complaint to set period of years for lease B. Answer with affirmative defenses and counterclaims 1. Answer with compulsory counterclaim 2. Answer with counterclaim and cross-claim C. Pre-trial Brief D. Motions 1. Motion to Dismiss (with Request for and Notice of Hearing) 2. Motion for leave of court to file pleading (with explanation for service by registered mail) 3. Motion for Judgment on the Pleadings 4. Ex parte motion to set for trial 5. Motion for postponement 6. Motion for extension of time 7. Motion to declare defendant in default 8. Motion to lift order in default E. Special Civil Actions 1. Certiorari (with Injunction and/or TRO), Prohibition and Mandamus a. Certiorari b. Prohibition c. Mandamus 2. Quo warranto, Interpleader, Quieting of Title, and Declaratory Relief a. Complaint in Interpleader ii ii v 1 1 1 2 2 2 3 3 3 4 4 5 5

6 7 8 9 10 12 13 15 16 17 18 19 20 21 22

23 24 25 26

b. Action to Quiet (or Remove Cloud on) Title c. Action for Declaratory Relief d. Quo Warranto III. PLEADINGS AND OTHER LEGAL FORMS IN CRIMINAL PROCEDURE A. Complaint-Affidavit and Counter-Affidavit 1. Complaint-Affidavit 2. Counter-Affidavit B. Information and Complaint 1. Information (with Certificate of Preliminary Investigation or Inquest) a. Bigamy b. Theft c. Attempted Rape d. Frustrated Murder C. Motions 1. Motion to Quash Information 2. Motion to Quash Search Warrant 3. Motion to Suppress Evidence 4. Motion for Bail D. Application for Bail PLEADINGS AND OTHER LEGAL DOCUMENTS COMMON TO CIVIL AND CRIMINAL PROCEDURE A. Offer of Evidence and Opposition/Comment to Offer 1. Formal Offer of Evidence 2. Comment/Opposition to Offer B. Demurrer to the Evidence 1. Criminal cases 2. Civil cases C. Notice of Lis Pendens D. Appearance as Counsel E. Withdrawal as Counsel 1. Withdrawal with conformity of client 2. Withdrawal without conformity of client F. Substitution of Counsel G. Notice of Appeal PLEADINGS AND LEGAL DOCUMENTS ON DOMESTIC CASES AND SPECIAL PROCEEDINGS A. Petition for Habeas Corpus B. Petition for Adoption C. Petition for Declaration of Nullity of Marriage with Application for Provisional Orders D. Petition for Probate of Holographic Will DEEDS, CONTRACTS AND OTHER CORPORATE LEGAL DOCUMENTS A. Special Power of Attorney B. General Power of Attorney C. Contract of Lease iii

27 28 29

30 31

33 34 35 36 37 38 39 40 41

IV.

42 43 44 45 46 47 48 48 49 49

V.

50 51 52 54

VI.

55 55 56

D. E. F. G. H. I. J. K.

L. M. N. O. P. Q. R. S. VII.

Holographic Will Notarial Will Attestation Clause for a Notarial Will Acknowledgement of a Notarial Will Donation Inter Vivos Acknowledgment of Nominee Status with Assignment of Shares Secretary s Certificate Board Resolutions 1. Authority to Act 2. Increase in number of directors and necessary amendment to the Articles of Incorporation Deed of Assignment Deed of Sale of Registered Land (unilateral) Deed of Sale of Unregistered Land (unilateral) Deed of Sale with Pacto de Retro (bilateral) Deed of Repurchase of land sold under Pacto de Retro Deed of Sale with Mortgage Dacion en Pago (Deed of Assignment of Real Estate in payment of debt) Chattel Mortgage

57 57 58 58 59 60 61 61 61 62 63 64 65 66 67 68 69

APPEALS AND OTHER RESORTS TO APPELLATE COURTS IN CRIMINAL AND CIVIL PROCEDURE A. Ordinary Appeals 1. in civil cases a. from MTC (in original jurisdiction) to RTC (in appellate jurisdiction) b. from RTC (in original jurisdiction) to CA 2. in criminal cases a. from MTC (as trial court) to RTC (in appellate jurisdiction) b. from RTC (as trial court) to CA c. from RTC (as trial court) to SC B. Petitions for Review 1. from RTC (as appellate court) or from quasi-judicial agencies to CA 2. from RTC (on pure questions of law) or CA (in appellate jurisdiction) to SC

70 70 70 70 70 70 71 71

VIII. FORMS RELEVANT TO THE WRITS OF AMPARO AND HABEAS DATA A. Amparo B. Habeas Data

iv

ON WRITING, LEGALLY
Therefore, its name was called Babel, because there the Lord confused the language of all the earth. Genesis, 11:9, ESV

If brevity is the soul of wit, what now is to become of lawyers (and law students) who would nonchalantly write a 100-page document and dare call it a Brief? The traditional notion of legal writing is that it is a competition to put together as many four to five-syllable words in a one-paragraph sentence. The language of the law mystifies and with this comes the power of the lawyer for the more obscure and obtuse3 the language, the greater the need for a lawyer. History has given us many language handicaps and obstacles to clarity and precision. Throughout four or five years of law school, the law student, who eventually becomes a lawyer, is trained to think in archaic words and phraseslegalesewhich appear to have great legal significance but are actually too imprecise to help anyone understand what is going on. And to add to the Babelish situation, there are hundreds of words in a dead languageLatin that have little relevance to the contemporary world. There is a sea change, however, going on in legal writing. More and more, pleaders are asked to be clear and concise, precise not pedantic. Why waste five words when only three will do?4 But change, as always, is difficult and painful. Yet, it is an essential response to todays evolving legal profession. Indeed, when the most common means now of communicating is faster than sound SMS, with its own subculture and lingo, there must be a re-examination of the archaic and pedantic manner by which legal writing presents itself. What this short introduction to the accompanying handbook of Pleadings, Petitions, Motions and Other Legal and Judicial Forms seeks to do is to put forth the need to write clearly and concisely, precisely but not pedantically. What this Forms book seeks to do is to assist the fledgling5 and seasoned legal pleader, drafter and advocate by presenting in the form they are required to appear, with words that are clear and concise, precise not pedantic. When a judges attention span is short and his reading backlog is long, the need to write concisely, clearly, precisely and not pedantically becomes absolutely urgent. Writing concisely and not pedantically, however, does not mean that the legal writer ought to cut corners when it comes to substance as well as form; the only thing that that guarantees is a baleful stare and a rude dismissal from the judge. Not only must the writer

The use of the word is deliberate and intended to be ironic demonstrate the point. --to My favorite, and many of my students will attest to this, is the absolutely archaic Comes Now, the Plaintiff, by the undersigned counsel, unto this Honorable Court, respectfully states that part of every pleading. Why as waste 15 words, when 6 will do, thus: Plaintiff, by counsel, respectfully states that. The latter loses none of the legal gravitas but loses every bit of the archaic pretense that mystifies the law and perpetuates the notion that laywers know what they are doing each and every time. 5 It was originally intended as a bar examination guide and as a teaching tool for evidence and procedure classes.
4

know the arguments and the bases for his arguments, but she must also realize that these arguments need to be presented in a manner that is technically sufficient. It is hoped that the forms presented here, with checklists6 of legal requirements and short annotations, will provide the impetus for demystifying legal writing and legal drafting. These forms come from actual forms used in the authors practice, some from worthy opponents and still some from traditional form books, with updates to fit the current state of the Rules. While this handbook was produced, primarily, with bar examinees and the law intern or law student in mind, it is hoped that it might prove helpful as well when September ends7 and life, as a lawyer, begins in earnest.

Theodore O. Te 3rd Floor, Quezon Hall (Southwing), University of the Philippines, Diliman, Quezon City

6 Acknowledgment is given to Atty. Alex M. Enriquez, (Ll.B., UP, 1990) for the original template of the Checklists, which have been updated to suit current practice. 7 The reference is to the song by Green Day, an American punk band, entitled Wake Me Up When September Ends, which has absolutely nothing to do with the bar or taking the bar (as it refers to a death in the family) except the month referred to in the title and the yearning expressed to see the month end. It has, at some point in time, aptly become an unofficial anthem of sorts for some bar examinees, Much more apt perhaps than My Way which starts with, And now the end is near.

vi

____________________, l i tiff,

______________________, f t. x------------------x

. Pr y r PRAYER

EREFORE it is r s ctf lly r y , ft r tic ri , t t t f t r r t yt l i tiff t t f One illi n Pes s (Php. , , ) f r ct l nd c p ens t ry damages, Fifty housand Pesos (Php. , ) for moral damages, Fifty housand Pesos (Php. , ) for exemplary ) for attorney s fees. damages, and Fifty housand Pesos (Php. , Other just and equitable reliefs are also prayed for.

SUBSCRIBED AND SWORN O before me in the City of _______________ on this day of _________________, affiant exhibiting before me his overnment Issued ID no. _______________ issued on __________________ at _____________________. (Sgd.) N. O. ARIO Notary Public Until __________________ PTR No. _______________ Issued at ______________ On ___________________ Doc. No. Page No. Book No. Series of

Note that if the document is subscribed before a public officer duly authorized to take oaths, then there is no need for the affiant to produce a CTC nor for the entry into a Notarial Register; thus, the italicized portion of the JURAT is dispensed with but not the oath itself.

Comment [ 4]: The use of Community Tax Certificates is now discouraged as it is far too easy to obtain and highly difficult to authenticate. Instead what is now required to be stated is government issued identification or GIID (e.g., Drivers li ense, c SSS/GSIS Identification etc.) Comment [ G5]: JURAT refers to an act in which an individual, on a single occasion: 1. appears in person before a notary public (NP) and presents an instrument or document 2. is personally known to the NP or identified by the NP through competent evidence of identity as defined by these Rules 3. signs the instrument or document in the presence of the NP 4. takes an oath or affirmation before the NP as to such instrument or document (Sec. 5, 2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC effective August 1, 2004).

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E D CCC C E D 3 B 6 6 A CCC C 526@3 0 6 2 3 6 CC C 7 3 85 30CC453C0 65 0 3 40 3 1 2 01 0 7 7

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ivil s ._______________ r _______________________

Comment [ G3]: The JURAT accompanies any notarized document that is declaratory in nature, as opposed to a notarized document that transmits rights or property, which must be accompanied by an ACKNOWLEDGMENT.

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3. the docket number, if assigned (Sec. 1, par. 1, Rule 7, ROC).

Comment [ G2]: The TITLE indicates the names of the parties, who shall be named in the original complaint or petition. However, in subsequent pleadings, it shall be sufficient if the name of the 1st party on each side be stated with an appropriate indication when there are other parties. Their respective participation in the case shall be indicated (Sec. 1, par. 2 &3, Rule 7, ROC).

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Republic of the Philippines City of _______________

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(Sec. 4, par. 2, Rule 7, ROC). Under Sec. 4, par.3, Rule 7, a verification based on information and belief or upon knowledge, information and belief is considered defective and the pleading unverified/unsigned.

PLUS: Jurat

: Pleadings required to be verified . All pleadings under the Rules of Summary Procedure . Complaints for a. Forcible entry b. Unlawful detainer c. Replevin . Complaints with application for injunction or attachment . Answer to complaint or counterclaim based on actionable documents . Petitions for a. Certiorari b. Prohibition andamus c. d. abeas Corpus e. Change of Name

CERTIFICATION AGAINST FORUM SHOPPING Republic of the Philippines City of _______________ ) ) s.s.

C. . Hilfiger, after having been duly sworn in accordance with law deposes and states that: . He is the plaintiff in the case entitled (title of the case); . He certifies that he has not commenced any action or filed any claim involving the same issues before any other court, tribunal or quasi-judicial agency; . To the best of his knowledge, there is no such pending action or claim; . If he should learn that a similar action or claim has been filed or is pending he shall report such fact within five ( ) days from the discovery to this Honorable Court.

(Sgd.) C. . HILFIGER PLUS: Jurat

Failure to comply with this reqt is not curable by mere amendment but shall be cause for dismissal w/o prejudice, UNLESS otherwise provided, upon motion and after hearing. Submission of a false certification or non compliance with its undertakings shall constitute indirect contempt of court, w/o prejudice to corresponding admin and crim actions.

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING I, C. . Hilfiger, of legal age, do hereby state that: I am the Chief Executive Office of Alis Di-yan Company and in such capacity, caused this Complaint to be prepared; I have read its cont nts and affirm e that they are true and correct to the best of my own personal knowledge; I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the court within five ( ) days from my notice. IN WITNESS WHEREOF, I have signed this instrument on _____________. (Sgd.) C. . HILFIGER PLUS: Jurat

. Combined Verifi

tion nd Certifi

tion g inst orum Shopping

Comment [ G9]: 2004 Bar Exams

. Certifi

tion g inst orum Shopping

(Sgd.) C. .

ILFI E R

Comment [ G8]: Under Rule 7, Sec. 5, the plaintiff or principal party must certify under oath in the complaint, initiatory pleading, or sworn certification that: 1.he has not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action or claim is pending there 2. if there is such other pending action or claim, a complete statement of its present status, and 3. if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within 5 days to the court where his complaint or pleading was filed.

C. . ilfiger, after having been duly s orn in accordance ith law, deposes and states that: . e is the plaintiff in the pleading/document entitled (pleading/document being verified) . e has caused its preparation . e has read it and the allegations therein are true and correct of his own knowledge or based on authentic records.

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Comment [ G7]: 1994 and 2004 Bar Exams

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I, C. . Hilfiger, of legal age, do hereby state that: I am the Chief Executive Office of Alis Di-yan Company and in such capacity, caused this Complaint to be prepared; I have received a copy of the [Order/Resolution/Decision] of the Court on April ; I have read its contents and affirm that they are true and correct to the best of my own personal knowledge; I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the court within five ( ) days from my notice. IN WITNESS WHEREOF, I have signed this instrument on _____________. (Sgd.) C. . HILFIGER PLUS: Jurat

REQUEST FOR & NOTICE OF HEARING THE BRANCH CLERK OF COURT Metropolitan Trial Court Quezon City, Branch Please submit the foregoing Motion to the Court for its consideration and approval immediately April upon receipt hereof and kindly include the same in the court s calendar for hearing on Friday, at : in the morning. ATTICUS FINCH MockingBird Street Timog Avenue, Quezon City

(Sgd.) MITCH MCDEERE Counsel for Defendant The Firm Laguna Street, Quezon City

I.

Proof of personal servi e

Copy furnished through personal service: Atty. Mitch McDeere Counsel for the Defendant The Firm Laguna Street, Quezon City

poo

Please take notice that counsel has requested to be heard on Friday, morning.

April

at :

in the

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equest for nd

oti e of hearing

edd

Comment [ G10]: NOTE: The Notice of Hearing is actually both a REQUEST and a NOTICE; a REQUEST for the Branch Clerk of Court to include the motion in the calendar for hearing on a specific date and a NOTICE to opposing counsel of the hearing date requested. In non-litigious motions or ex parte motions, it is sufficient that the request not contain a date, and for that purpose, the underlined portion in the Request may be omitted with the Notice to opposing counsel simply stating that counsel will submit the motion to the court for approval immediately upon receipt.

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Atty. Mitch McDeere Counsel for the Defendant The Firm Laguna Street, Quezon City Registry Receipt No. ________ Post Office ________________ Date _____________________

The foregoing (designation of pleading, motion, etc.) and its attachment were served on Atty. Mitch McDeere by registered mail instead of personal service as counsel for petitioner on has one ly messenger and personal service would have resulted in the motion not being filed on time to the detriment of petitioner. (Sgd.) ATTICUS FINCH Republic of the Philippines City of _______________ ) ) s.s. AFFIDAVIT I, HARPER LEE, a messenger of Atty. Atticus Finch, with office address at __________________, after being duly sworn, deposes and states: That on ______________________, I served a copy of the following pleadings/papers by registered mail in accordance with Section , Rule of the Rules of Court: Nature of Pleading/Paper ________________________ ________________________ in Case No. _________________ entitled ____________________ by depositing a copy in the post office in a sealed envelope, plainly addressed to (name of party or his/her attorney) at _______________ with postage fully paid, as evidenced by Registry Receipt No. _____________________ attached and with instructions to the post master to return the mail to sender after ten ( ) days if undelivered. TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on Manila, Philippines. April

, in the City of

(Sgd.) HARPER LEE Affiant PLUS: Jurat

. Place, date, signature, address, oll number, I P receipt number, PTR number, CLE Compliance or Exemption umber, Contact Details

Comment [LR14]: As per BM 1922, MCLE compliance or exemption number for the specific compliance period must be stated; failure to do so may mean dismissal of the case or expunction of the pleading. (Note: this came as a result of Justice Nachuras letter to the SC noting the diminished interest in the MCLE)

City of Manila,

April

. Atty. Mitch McDeere Counsel for the Defendant The Firm, Laguna Street, Quezon City, Metro Manila (Telephone, Fax, mail) Roll No. IBP OR No., date and place of issue PTR OR No., date and place of issue MCL Compliance/ xemption No.

Comment [LR12]: As per A.M. NO. 07-6-5SC, counsels are now required to indicate in their pleadings or other legal documents their contact details aside from address, i.e., telephone, fax, mobile or email address. Comment [ G13]: As per SC En Banc Resolution on Bar Matter No. 1132 dated Nov. 12, 2002, all pleadings must indicate the ff: 1. Roll of Attorneys number of counsel 2. Current Professional Tax Receipt number (PTR No.) 3. IBP Official Receipt or Life Member number

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EXPLANATION

Comment [ G11]: The requirement is for a written explanation if service is done by registered mail instead of by personal service; the explanation need not be verified, it being required only that it is signed. However, in the Supreme Court, where an Affidavit of Service is require it d, may be practical to combine the Explanation and the Affidavit of Service. Cf. Rule 13, sections 11 and 13.

BEFORE ME, this th day of April, in the City of Manila, Philippines, personally appeared ) issued by the ATTICUS FINCH, with [Valid Identification Document] (Driver s License No. N25- [official agency] (Land Transportation Office) on January 2007, known to me to be the same person who executed the foregoing instrument, and who acknowledged to me that the same is his free act and deed. IN WITNESS WHEREOF, I have set my hand and affixed my Notarial seal on the day, year and place written. (Sgd.) N. O. TARIO Notary Public Until __________________ PTR No. _______________ Issued at ______________ On ___________________ Doc. No. Page No. Book No. Series of 2007

This instrument relates to the sale (or mortgage) of ___ parcels of land, and consists of ___ pages including the page on which this acknowledgment is written, each and every page of which, on the left margin, having been signed by ______________ and his witnesses (if any), and sealed with my Notarial seal.

Defendant, ABC, by counsel, respectfully appeals to this Honorable Court the Decision of the lower court dated April 2007, a copy of which he received on 26 April 2007. Quezon City, 2 May 2007. (Sgd.) MITCH MCDEERE Counsel for Defendant 2 The Firm Laguna Street, Quezon City

otice of ppeal NOTICE OF APPEAL

TE: If the instrument conveys 2 or more parcels of land, include the following after the

st

paragraph:

This instrument, consisting of ___ pages, including the page on which this acknowledgment is written, has been signed on the left margin of each and every page thereof by ___________ and his witnesses (if any), and sealed with my Notarial seal.

TE: If the instrument consists of 2 or more pages, include the following after the

st

paragraph:

Comment [ G16]: The Notary Publics seal must be impressed on every page of the document notarized.

[1] Regional Trial Court National Capital Judicial Region METROPOLITAN TRIAL COURT Quezon City, Branch ALIS DI-YAN COMPANY, Plaintiff, - versus YOKO NGA, Defendant. x -----------------------------------x COMPLAINT PLAINTIFF, by counsel, respectfully states that: [2] . Plaintiff is a foreign corporation organized and existing under the laws of France with business address at Ocean Drive, Tuna Compound, Quezon City; Defendant is a Filipino, of legal age, single and currently resident of 2 Ocean Drive, Tuna Compound, Quezon City, where he may be served with summons and other pertinent processes. [3] 2. Plaintiff owns that property located at 2 Ocean Drive, Tuna Compound, Quezon City which it leased to defendant under the terms and conditions stated in the Contract of Lease dated January 2005, which contract expires on December 2006. A copy of the contract is attached as ANNEX A. Civil Case No. 2222 For: Ejectment

4. Statement of Cause(s) of Action 5. Prayer/Reliefs 6. Date/Place of Execution 7. Signature of Counsel 8. Verification and Certification Against Forum Shopping

. Upon expiration of the contract, plaintiff informed defendant of its inte tion not to renew the n lease as it would use the property for its business expansion; plaintiff then asked defendant to vacate the premises. A copy of plaintiff s letter to defendant is attached as ANNEX B. [4] . Despite demand duly made and received, defendant has refused to vacate the premises and continues to occupy the property without plaintiff s consent. Resort to the Barangay conciliation system proved useless as defendant refused to appear before the Lupong Tagapamayapa. A Certification to File Action is attached as ANNEX C. 5. Defendant s act of dispossession has caused plaintiff to suffer material injury because plaintiff s business expansion plans could not be implemented despite the arrival of machineries specifically leased for this purpose at the rental rate of US$500 per month. Defendant s continued occupation of the premises has also forced plaintiff to sue and to incur legal expenses amounting to Fifty Thousand Pesos (P50,000.00). [5] WHEREFORE, plaintiff respectfully prays for judgment in its favor by ordering defendant to vacate the property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff the amount of US$3,500 representing rentals on the machineries for seven (7) months and Fifty Thousand Pesos (P50,000.00) for Attorney s fees. Other just and equitable reliefs are also prayed for.

Comment [ G19]: This particular allegation may actually be unnecessary considering the facts given and that the plaintiff is a juridical person. It is included in this complaint simply for educational purposes as a representative allegation of this fact.

PLUS: . [8] Verification and Certification against Forum Shopping 2. Jurat

[7] (Sgd.) ATTICUS FINCH Counsel for Plaintiff [Address]

Comment [ G21]: Significant amendment introduced by 1997 Rules on Civil Procedure; cf. Rule 7, section 3.

[6] Quezon City; 3 April 2007.

Comment [ G20]: A new requirement specifically provided under Rule 7, section 2(d).

Comment [ G18]: 1976, 1982, 1985, 1988, 1993, 1994, 1996, 1997 and 2000 Bar Question

REGIONAL TRIAL COURT Branch 01, Makati City ESTA PADORA, Plaintiff, - versus MANGGA GANTSO, Defendant. x -------------------------- x COMPLAINT PLAINTIFF, by counsel, respectfully states that: [2] 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. [3] 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). [4] 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. . 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). [5] 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. [6] Quezon City for Makati; 13 April 2007. [7] (Sgd.) ATTICUS FINCH Counsel for Plaintiff [Address] PLUS: [8] Verification and Certification against Forum Shopping

Civil Case No. 000882 For: Sum of Money

4. Statement of Cause(s) of Action 5. Prayer/Reliefs 6. Date/Place of Execution 7. Signature of Counsel 8. Verification and Certification Against Forum Shopping

Comment [ G24]: Please note that this portion is indispensable to the filing of a Complaint as it is required that every Complaint state in the body as well as in the prayer the amount of damages sought. This is jurisdictional and a complaint that fails to comply with this requirement is fatally defective.

REGIONAL TRIAL COURT Branch 101, Makati City HURTS RENT-A-CAR, represented by AKIN NAYAN, Plaintiff, Civil Case No. 000088 - versus YOKO NGA, Defendant. x-----------------------------------x COMPLAINT Plaintiff, by counsel, respectfully states that: [2] 1. Plaintiff is the general manager of Hurts Rent-A-Car with offices at Makati City; defendant is a Tongan, temporarily residing at Bayview Hotel, Roxas Boulevard, Manila. [3] 2. Hurts Rent-A-Car is the registered owner of a Honda CRV with license plate number XLV675, which defendant, on 3 March 2005, rented from plaintiff for a period of one (1) week. [4] 3. On 15 March 2005, plaintiff demanded from defendant the return of the car but defendant failed and refused to do so. . The car has not been taken for a tax assessment or a fine pursuant to law nor has it been seized on execution or attachment. Its present value is approximately Nine Hundred Thousand Pesos (P900,000.00). 5. Plaintiff is ready, willing and able to give bond in defendant s name in double the value of the property for the return of the property to defendant should that be adjudged or for the payment of such sum that defendant may recover from plaintiff in this action. [5] WHEREFORE, plaintiff respectfully prays that the writ of replevin issue directing the Sheriff or any other authorized officer to take possession of the car and dispose of it in accordancewith the Rules of Court and, after hearing, judgment be rendered declaring plaintiff to be lawfully entitled to the possession of the car and sentencing defendant to pay its value. [6] Quezon City for Makati City; 13 April 2007. [7] (Sgd.) MITCH MCDEERE Counsel for the Plaintiff [Address] PLUS: [8] Verification and Certification against Forum Shopping

4. Statement of Cause(s) of Action 5. Prayer/Reliefs 6. Date/Place of Execution 7. Signature of Counsel 8. Verification and Certification Against Forum Shopping

REGIONAL TRIAL COURT Branch 161, Pasig City NANG UUPA, Plaintiff, Civil Case No. 00111 - versus NAGPA PAUPA, Defendant. x ---------------------- x COMPLAINT PLAINTIFF, by counsel, respectfully states that: [2] 1. Plaintiff and Defendant are both Filipino citizens and of legal a ge; plaintiff resides at 1-A, Cruz Street, Pasig City while defendant resides at 2 Frisco Street, Pasig City, where he may be served with summons. [3] 2. On 1 January 2003, defendant leased to plaintiff the premises at 1-A Cruz Street, Pasig City for a monthly rental of One Thousand Pesos (P1,000.00) to be paid within the first five (5) days of each month. 3. There is no fixed period for the lease agreement except that rentals are to be paid by the month. [4] . Plaintiff has been paying the rentals as they fall due each month, without fail. However, on April 2006, defendant gave notice to plaintiff that he is terminating the lease agreement by the end of August 2006. 5. Considering that the period of lease has not been fixed, this Honorable Co may fix a longer urt period of time as the lessee has been occupying the place for a period of three (3) years. A period of two (2) years is reasonable considering that the lessee has no place to transfer to immediately and that he has introduced substantial improvements to the premises amounting to Fifty Thousand Pesos (P50,000.00). [5] WHEREFORE, it is respectfully prayed that this Honorable Court fix a period of years for the lease between plaintiff and defendant. [6] Quezon City for Pasig City; 13 April 2007. [7] (Sgd.) ATTICUS FINCH Counsel for Plaintiff [Address] PLUS: [8] Verification and Certification against Forum Shopping

5. Prayer/Reliefs 6. Date/Place of Execution 7. Signature of Counsel 8. Verification and Certification Against Forum Shopping

National Capital Judicial Region METROPOLITAN TRIAL COURT Branch 33, Quezon City ALIS DI-YAN COMPANY, Plaintiff, - versus YOKO NGA, Defendant. x -----------------------------------x ANSWER (With COUNTERCLAIM) DEFENDANT, by counsel, respectfully states that: Admissions/Denials [2] 1. He admits the contents of paragraph 1 only insofar as his personal circumstances but specifically denies the contents insofar as plaintiff s personal circumstances for t e reason stated in the h Affirmative Defenses below. 2. He admits the contents of paragraph 2 only where it states that a Contract of Lease was entered into but specifically denies that the Contract reflects the true intent of the parties as explained in the Affirmative Defenses below. 3. He admits the contents of paragraph 3 only as to the fact that demand to vacate was made but specifically denies its contents as to the truth of the reasons for the letter for lack of knowledge sufficient to form a reasonable belief as to its truth or falseness.. Civil Case No. 2222 For : Ejectment

Defenses 5. Counterclaim 6. Prayer/Relief 7. Date/Place of Execution 8. Signature of Counsel 9. Verification 10. Certification against Forum Shopping 11. Proof of Service

Comment [ G29]: 1976 and 1983 Bar Exams

Affirmative Defenses [4] 5. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that the Complaint should be dismissed because: 5.1. Plaintiff has no capacity to sue as it is a foreign corporation doing business in the Philippines without a license. 5.2. The Complaint fails to state a cause of action as the Contract of Lease (ANNEX A) was, before its expiration, superceded by a Deed of Absolute Sale whereby plaintiff sold to defendant the parcel of land in question, a copy of which is attached as ANNEX 1. Counterclaim [5] 6. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that he is entitled to relief arising from the filing of this malicious and baseless suit, as follows: 6.1. Moral Damages amounting to One Million Pesos (PHP1,000,000/00) because his name and reputation were besmirched by this malicious and baseless suit. 6.2. Attorney s Fees amounting to One Hundred Thousand Pesos (P100,000.00) because he was compelled to secure services of counsel to vindicate his legal rights. [6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by dismissing the Complaint and granting defendant s counterclaim by awarding defendant: (a) One Million Pesos as Moral Damages, and (b) Fifty Thousand as Attorney s Fees. Other just and equitable reliefs are prayed for.

10

. He specifically denies the contents of paragraphs Affirmative Defenses below.

to 6 for the reasons stated in the

[Address]

I, YOKO NGA, of legal age, do hereby state that: I am the defendant in the case filed by Alis Di yan Company for ejectment; in response, I have caused the preparation of this Answer with Counterclaim; I have read its contents and affirm that they are true and correct to the best of my own personal knowledge; I pecifically eny t e genuineness e execution ell the binding effect f the tionable ents pleaded by pl intiiff ; I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the court within five (5) days from my notice. IN WITNESS WHEREOF, I have signed this instrument on 13 April 2007. (Sgd.) YOKO NGA PLUS: 1. Jurat (IF any document is denied) 2. [11] Proof of Service (personal service or service by registered mail)

Comment [ G31]: Representative specific denial under oath, as required by the Rules, in relation to any actionable document.

11

[9 & 10] VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

Comment [ G30]: Rule 7, section 5 requires that any initiatory pleading, among which is a counterclaim, must be accompanied by a Certification against Forum Shopping. Also please note that an Answer need not be verified BUT if there is a specific denial of an actionable document, such as that contained here, then the Answer must be verified. See again Rule 8, secs. 7 (definition of actionable document), 8 (how to contest such documents), 10 (requirements of a specific denial), 11 (effects of failure to specifically deny).

[5] Crosscl im 7. Defendant reiter t es, repleads nd incor or t es by reference ll the foregoing insof r s they re materi l nd d ditionally submit that he is entitled to indemnity nd/or contribution from co defendant MANGGA GANTSO in the event that he is made li ble to l intiff bec se co-defendant MANGGA GANTSO cted s the duly thorized g ent of l intiff in the sale of the roperty n d, cting s such, received consider tion, in the form of the rchase rice, from defendant. [6] WHEREFORE, Defendant respectf lly r ys that j dgment be rendered in his f vor by 1. dismissing the Complaint, and 2. granting defendant s counterclaim by awarding defendant a. One Million Pesos (Php.1,000,000) as Moral Damages, and b. Fifty Thousand Pesos (Php.50,000) as Attorney s Fees. 3. In the event that defendant is made liable to plaintiff on the Complaint, he further prays that co-defendant MANGGA ANTSO be made liable to indemnify defendant in the same amount under the Crossclaim. [7] Quezon City; __________________. [8] (Sgd.) MITCH MCDEERE Counsel for Defendant [Address] PLUS: 1. [9 & 10] Verification and Certification against Forum Shopping 2. Jurat (IF document is denied) 3. [11] Proof of Service (personal service or service by registered mail)

Defenses 5. Cross-claim 6. Prayer/Relief 7. Date/Place of Execution 8. Signature of Counsel 9. Verification 10. Certification against Forum Shopping 11. Proof of Service

12

REGIONAL TRIAL COURT Branch 90, Quezon City LAKISA LAYAW, Plaintiff, Civil Case No. 97-31312 - versus LAKISA HIRAP, Defendant. x -------------------------------------x

4. Proposed stipulation of facts and issues 5. Documents to be presented 6. Names of witnesses and substance of their testimony 7. Resort to discovery 8. Available trial dates

DEFENDANT, by counsel, respectfully submits her Pre-Trial Brief, as follows: I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT 1.1. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of openness from plaintiff, defendant is open to the possibility of amicably settling this dispute. [1 & 2] 1.2. 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 clarific tion a of the actual extent of any obligation due and owing to plaintiff inasmuch as there is nothing to indicate defendant s obligations to plaintiff and, second, a schedule of payments. II. BRIEF STATEMENT OF CLAIMS AND DEFENSES 2.1. Plaintiff seeks principally to recover the amount of Twenty Two Million Eight Hundred Eighteen Thousand Nine Hundred Forty Eight Pesos and Thirty Centavos (PHP22,818,948.30) with interest at twelve percent (12%) arising allegedly from unpaid orders delivered to defendant variously in 1989. 2.2. Defendant resists plaintiff s claims based on a failure to state a cause of action because of : 2.2.1. Plaintiff s lack of personality to sue and, therefore, not being the real party in interest under Rule 3, section 2 of the 1997 Rules of Civil Procedure; 2.2.2. Furniture. Extinguishment of the alleged claim made by the entity Regency

Comment [ G35]: This is a new requirement imposed by the 1997 Rules on Civil Procedure.

2.3. Defendant also interposed a compulsory counterclaim for Two Million Pesos (PHP2,000,000.00) for moral damages and Two Million Pesos (PHP2,000,000.00) for exemplary damages and One Hundred Thousand Pesos (PHP100,000.00) as attorney s fees. III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES [3] 3.1. Defendant admits only those facts stated in her Answer, i.e., her personal circumstances, receipt of the demand letter dated January 5, 1997 and her reply to the demand letter. 3.2. Subject to a concrete proposal for stipulation of additional facts from plaintiff during pre -trial or even thereafter, defendant admits no other facts stated in the Complaint. IV. ISSUES TO BE TRIED [4] 4.1. proof: 4.1.1. Plaintiff s personality to seek legal relief; 4.1.2. Plaintiff s entitlement to the amount claimed; 4.2. Defendant submits that the following issues she put forward are subject to proof: 4.2.1. Plaintiff s bad faith in filing this suit; Defendant submits that the following issues put forward by plaintiff are subject to

13

PRE-TRIAL BRIEF

Comment [ G34]: NOTE: There is no need to attach a Notice of Hearing for a Pre -Trial Brief. Also, pre-trial is now mandatory in criminal cases under Rule 118, 2000 Rules on Criminal Procedure as well as under RA 8493 (The Speedy Trial Act), although neither the law nor the Rules require the submission of a Pre-Trial Brief in criminal cases (in practice, courts also do not require the submission of a pre-trial brief in criminal cases). Consequently, the requirement of a pre-trial brief and the consequences for failure to submit one (e.g., non-suit or dismissal) appear to pertain exclusively to civil cases.

[6] 5.1. Defendant intends to present the following witnesses: 5.1.1. Defendant herself, who will testify on the true circumstances leading to the filing of this suit against her; 5.1.2. An employee of Topless Enterprises with personal knowledge as to the true circumstances behind the alleged obligations due and owing in favor of plaintiff. [5] 5.2. Defendant reserves the right to present any and all documentary evidence which shall become relevant to rebut plaintiffs claims in the course of trial as well as any other witnesses whose testimony will become relevant to belie plaintiff s witnesses, if necessary. VI. RESORT TO DISCOVERY [7] 6.1. Considering the relatively simple issues presented, defendant does not intend to avail of discovery at this time. 6.2. Subject, however, to a concrete and reasonable request for discovery from plaintiff, defendant reserves the right to resort to discovery before trial. RESPECTFULLY SUBMITTED. Quezon City; 13 April 2007. (Sgd.) MITCH MCDEERE Counsel for Defendant [Address] Copy furnished: Atty. MA BOLA Counsel for Plaintiff

14

National Capital Judicial Region METROPOLITAN TRIAL COURT Branch 39, Quezon City LAKI ASSET COMPANY, Plaintiff, - versus DAMI UTANG CORPORATION, Defendant. x ---------------------------------------x MOTION TO DISMISS DEFENDANT, by counsel, respectfully moves to dismiss the Complaint on the ground that the Complaint fails to state a cause of action as [1] THE OBLIGATION SOUGHT TO BE ENFORCED BY PLAINTIFF IS NOT YET DUE AND DEMANDABLE, as shown by the following: [2] 1. Allegedly, plaintiff has failed to reach the quotas agreed upon under the Marketing Agreement dated 1 January 2006; defendant now seeks to collect the sum of TWO HUNDRED THOUSAND PESOS (P200,000.00), representing the balance of the proceeds due plaintiff under the said Marketing Agreement. 2. The contract is for one (1) year and defendant is given that same period to reach the quota specified therein; the period of one (1) year has not expired. Consequently, plaintiff s claim is premature as there is yet no breach of the Marketing Agreement until the period expires and the quota is not attained. For this reason, plaintiff s Complaint states no cause of action and must be dismissed. [3] WHEREFORE, defendant respectfully prays that the Complaint be DISMISSED for failure to state a cause of action. Other just and equitable reliefs are also prayed for. Quezon City; 13 April 2007. (Sgd.) MITCH MCDEERE Counsel for Defendant [Address] Civil Case No. 3333 For: Sum of Money

3. 4. 5. 6. 7.

Prayer/Relief Notice of Hearing Proof of Service Attachments (if any) Verification (in certain cases)

Comment [ G37]: 1988 and 2002 Bar Question

THE BRANCH CLERK OF COURT Metropolitan Trial Court Branch 39, Quezon City Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipt hereof and kindly include the same in the court s calendar for hearing on Friday, 27 April 2007 at 8:30 in the morning. ATTICUS FINCH 1 MockingBird Street Timog Avenue, Quezon City Please take notice that counsel has requested to be heard on Friday, 27 April 2007 at 8:30 in the morning. (Sgd.) MITCH MCDEERE Counsel for Defendant 2 The Firm Laguna Street, Quezon City

15

PLUS: [5] Proof of Service

Comment [ G39]: Rule 15, section 6 in relation to Rule 13, section 13

[4] REQUEST FOR & NOTICE OF HEARING

Comment [ G38]: Rule 15, section 5; Cf. Rule 15, section 4 (on period of service)

SUPREME COURT Manila LAKI UTANG, Petitioner, G.R. No. ________ - versus DAMI LUPA, Respondent. x ------------------------- x MOTION FOR LEAVE OF COURT TO FILE REPLY WITH MOTION TO ADMIT ATTACHED REPLY PETITIONER, by counsel, respectfully states that: [1] 1. Petitioner received a copy of respondent s Comment to his petition on 3 January 2006. The Comment contains several allegations of fact and misinterpretations of the record that may mislead the court and need to be corrected. For this reason, petitioner intends to file a Reply. [2] 2. Under existing rules, a Reply can no longer be file as a matter of course. Consequently, d petitioner seeks leave of this Court to file the said Reply, a copy of which, pursuant to the 1997 Rules on Civil Procedure, is attached to this motion. [3] WHEREFORE, petitioner respectfully prays that he be granted leave of court to file a Reply and for the Court to admit the attached Reply. Quezon City for Manila; 5 January 2007. (Sgd.) ATTICUS FINCH Counsel for the Petitioner [Address] PLUS: 1. [4] Request for and Notice of Hearing 2. [5] Explanation for service by registered mail

3. 4. 5. 6. 7.

Prayer/Relief Notice of Hearing Proof of Service Attachments (if any) Verification (in certain cases)

Comment [ G41]: In motions filed before the Supreme Court and the Court of Appeals, a Notice of Hearing is not required.

Comment [ G42]: Under Rule 15, section 9, 1997 Rules on Civil Procedure, a motion for leave to file a pleading or motion shall be accompanied by the pleading or motion sought to be admitted.

Comment [ G43]: The requirement is for a written explanation if service is done by registered mail instead of by personal service; the explanation need not be verified, it being required only that it is signed. However, in the Supreme Court, where an Affidavit of Service is required, it may be practical to combine the Explanation and the Affidavit of Service. Cf. Rule 13, sections 11 and 13.

16

REGIONAL TRIAL COURT Branch 39, Quezon City LAKISA LAYAW, Plaintiff, - versus LAKISA HIRAP, Defendant. x ------------------------- x MOTION FOR JUDGMENT ON THE PLEADINGS Plaintiiff, by counsel, respectfully states that: 1. On 6 July 2005, plaintiff sued defendant for a sum of money in the amount of Nine Hundred Thousand Pesos (P900,000.00). [1 & 2] 2. In his Answer, defendant admitted the obligation and merely stated that he was asking to be given an extension of time to pay his obligation but that plaintiff instead filed this Complaint. The Answer admits the material allegations of the Complaint and has not tendered any issue; consequently, a judgment on the pleadings may be rendered. [3] WHEREFORE, plaintiff respectfully prays a judgment on the pleadings be rendered in his favor. Quezon City; 13 April 2007. (Sgd.) ATTICUS FINCH Counsel for the Plaintiff [Address] PLUS: 1. [4] Request for and Notice of Hearing 2. [5] Proof of Service Civil Case No. 97-31312 For: Sum of Money

4. 5. 6. 7.

Notice of Hearing Proof of Service Attachments (if any) Verification (in certain cases)

Comment [ G46]: NOTE: This is a litigious motion, i.e., it must be set for hearing. Thus, a specific hearing date must be requested and notice thereof given to adverse party through counsel.

17

REGIONAL TRIAL COURT Branch 39, Quezon City LAKISA LAYAW, Plaintiff, Civil Case No. 97-31312 - versus LAKISA HIRAP, Defendant. x ------------------------ x EX PARTE MOTION TO SET CASE FOR PRE-TRIAL PLAINTIFF, by counsel, respectfully states that: [1] 1. On 1 June 2006, defendant submitted her Answer to the Complaint, thereby causing the issues to be joined. [2] 2. This case is, thus, ripe for pre-trial. Complying with Rule 18, Section 1 of the 1997 Rules on Civil Procedure, plaintiff respectfully asks that this case be set for pre-trial. [3] WHEREFORE, plaintiff respectfully prays that this case be set for pre -trial on a date convenient to this Honorable Court. Quezon City; 13 April 2007. (Sgd.) ATTICUS FINCH Counsel for the Plaintiff [Address]

denominated as ex parte, i.e., no need for hearing.

Comment [ G48]: Checklist: 1. Ground(s) 2. Argument(s) 3. Prayer/Relief 4. Notice of Hearing 5. Proof of Service 6. Attachments (if any) 7. Verification (in certain cases)

THE BRANCH CLERK OF COURT Regional Trial Court Branch 39, Quezon City Please submit the foregoing to the Court for its approval immediately upon receipt hereof. Copy furnished: MITCH MCDEERE, ESQ. 2 The Firm Laguna Street, Quezon City Please take notice that counsel has requested for the approval of the foregoing motion immediately upon receipt. (Sgd.) ATTICUS FINCH Counsel for the Plaintiff PLUS: [5] Proof of Service

18

[4] REQUEST AND NOTICE

Comment [ G49]: Note the difference between this Request and Notice and that contained in Form II-D1; this does not contain a date of hearing because under Rule 15, section 4, it is a motion which the Court may act upon without prejudicing the rights of the adverse party and moreover because Rule 18, section 1 expressly defines this to be an ex parte motion.

REGIONAL TRIAL COURT Branch 39, Quezon City DILA TORY, Plaintiff, Civil Case No. 008877 - versus PASEN SYOSO, Defendant. x ------------------------- x MOTION FOR POSTPONEMENT PLAINTIFF, by counsel, respectfully states that: 1. This case is set for trial on 5 May 2007 at 8:30 in the morning.
[1] 2. On said date and time, the undersigned counsel will be unable to appear before this Honorable Court as he has also been directed to appear on this date and time before the Regional Trial Court of Makati City, Branch 139 for People of the Philippines v. Bil Moko , Criminal Case No. 009988, where he is scheduled to terminate cross-examination of the prosecution s expert witness who will be available only on said date and time.

4. 5. 6. 7.

Notice of Hearing Proof of Service Attachments (if any) Verification (in certain cases)

[2] 3. Without impugning the importance of these proceedings, plaintiff respectfully submits that his attendance in the Makati case becomes indispensable; otherwise, the accused in said case would be deprived of the opportunity to confront and cross-examine a vital witness against her. 4. This motion is prompted only by the foregoing reason and not for delay. [3] WHEREFORE, plaintiff respectfully prays that the trial scheduled on 5 May 2007 be POSTPONED to another date convenient to this Honorable Court . Quezon City; 13 April 2007. (Sgd.) MITCH MCDEERE Counsel for the Plaintiff [Address] PLUS: 1. [4] Request for and Notice of Hearing 2. [5] Proof of Service

Comment [ G52]: In some instances, this motion is considered a non-litigious motion; thus, the request and notice need not specify a date of hearing and simply state that it is being submitted for approval immediately upon receipt. Although, the better practice would be to file such a motion early so as to be able to set it for hearing and approval by the court.

19

REGIONAL TRIAL COURT Branch 39, Quezon City DILA TORY, Plaintiff, Civil Case No. 008877 - versus PASEN SYOSO, Defendant. x ------------------------------------x MOTION FOR EXTENSION OF TIME PLAINTIFF, by counsel, respectfully states that: 1. He has been directed to file a Reply to defendant s Answer by 10 May 2007. [1 & 2] 2. The undersigned counsel, however, anticipates his inability to file the Reply on or before the said due date because of the tremendous pressure of other equally urgent professional work requiring the preparation of pleadings and almost daily trial appearances before the various courts within and outside Metro Manila. For this reason, the undersigned is constrained to ask for an additional fifteen (15) days from 10 May 2007, or until 25 May 2007, within which to submit plaintiff s Reply. 3. This motion is not intended for delay but is motivated only by the foregoing reason. [3] WHEREFORE, plaintiff respectfully prays that he be granted an additional fifteen (15) days from 10 May 2007, or until 25 May 2007, within which to submit plaintiff s Reply. Quezon City; 13 April 2007. (Sgd.) MITCH MCDEERE Counsel for Plaintiff [Address] PLUS: 1. [4] Request for and Notice of Hearing 2. [5] Proof of Service

5. Proof of Service 6. Attachments (if any) 7. Verification (in certain cases)

Comment [ G54]: It is always preferable to not only state the number of additional days sought, but also the new deadline, so that it can be used as a personal reminder of the new deadline.

20

REGIONAL TRIAL COURT Branch 39, Quezon City ANAKIN SKYWALKER, Plaintiff, Civil Case No. 000909 - versus PADME AMIDALA, Defendant. x --------------------------------- x MOTION TO DECLARE DEFENDANT IN DEFAULT PLAINTIFF, by counsel, respectfully states that: 1. Plaintiff filed this Complaint against defendant on 1 March 2007; summons were served on defendant on 20 March 2007, as indicated by the Sheriff s Return of even date, a copy of which is attached as ANNEX A. [1 & 2] 2. Defendant s reglementary period to file Answer ended on 5 April 2007; no motion for extension of such period was filed nor was any granted motu proprio by this Honorable Court. Despite the lapse of time, defendant has failed to answer the Complaint against her; plaintiff is entitled to a declaration of default and the right to present evidence ex parte against defendant. [3] WHEREFORE, plaintiff respectfully prays that defendant be declared in default and that plaintiff be allowed to present evidence ex parte before the Clerk of Court acting as Commissioner. Quezon City; 7 April 2007. (Sgd.) DARTH SIDIOUS Counsel for Plaintiff [Address] PLUS: 1. [4] Request for and Notice of Hearing 2. [5] Proof of Service

5. Proof of Service 6. Attachments (if any) 7. Verification (in certain cases)

Comment [ G56]: NOTE: The defendant is entitled to be notified of this motion and the order declaring him/her in default; thereafter, defendant loses the right to receive any other notices except for judgment in default.

21

REGIONAL TRIAL COURT Branch 39, Quezon City ANAKIN SKYWALKER, Plaintiff, Civil Case No. 000909 - versus PADME AMIDALA, Defendant. x ----------------------------------x MOTION TO LIFT ORDER OF DEFAULT DEFENDANT, by counsel, respectfully states that: 1. Five (5) days after service of summons and receipt of Complaint, she filed a Motion to Dismiss on the ground that plaintiff s claim is outside the jurisdictional amount of this Honorable Court under the new Expanded Jurisdiction Act and that the Complaint should properly be filed and tried before the Metropolitan Trial Court. The Motion to Dismiss, which was receiv by plaintiff s counsel on 25 March ed 2007, was set for hearing on 10 April 2007, as indicated on the Request for and Notice of Hearing . 2. Without waiting for the hearing on the Motion to Dismiss, this Honorable Court declared defendant in default on 7 April 2007 based solely on plaintiff s Motion, filed two (2) days after the supposed lapse of the reglementary period, which, however, was tolled by the filing of a Motion to Dismiss. [1 & 2] 3. Under the circumstances, the order of default is prema ture and without legal and factual basis as: (a) defendant has not failed to file an Answer within the reglementary period, (b) the reglementary period has not lapsed because of the filing of the Motion to Dismiss within the period, and (c) the pendency of the Motion to Dismiss is prejudicial to the issue of defendant s default. Consequently, the order of default should be lifted. [3] WHEREFORE, defendant respectfully prays that the Order of Default against her be LIFTED and that this Honorable Court resolve her Motion to Dismiss. Quezon City; 8 April 2007. (Sgd.) OBI WAN KENOBI Counsel for Defendant [Address] PLUS: 1. [4] Request for and Notice of Hearing 2. [5] Proof of Service

4. 5. 6. 7.

Notice of Hearing Proof of Service Attachments (if any) Verification (in certain cases)

Comment [ G59]: While it is not required, it may, depending on the type of motion, be advisable to give a short summary of the material antecedents so that the arguments and the basis for relief is clear and placed in context.

22

(Caption and Title) PETITION PETITIONER, by counsel, respectfully states that: [2] 1. ( tate capacity of petitioner and respondent/s, citizenship, status and residence.)

[3] 3. ( tate briefly the facts and circumstances under hich the respondent/s exercising judicial functions acted ithout, or in excess of, jurisdiction or ith rave abuse of dis cretion amounting to lack or excess of jurisdiction.) 4. ( tate entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal ri ht, [b] hich is threatened by an act or omission of respondents, [c] and that, unless restrained, ill cause rave and irreparable injury to petitioner. llege also that petitioner is ready to post a bond in an amount to be fixed by the Court conditioned upon the pay ent to respondents of any damages suffered arising from the rit should petitioner be found not to be entitled to the rit.)

5. There is no appeal from such decision or any plain or adequate speedy remedy in the ordinary course of law, except this petition.

[4] WHEREFORE, it is respectfully prayed that a rit of certiorari be issued NNULLING the (act, decision or finding) for being in rave abuse of discretion; in the interi , that a preli inary injunction and/or temporary restraining order issue to ENJOIN any further proceedings by respondents. Quezon City; [1] 7 July 2007. ( d.) TTICUS FINCH Counsel for the Petitioner [ ddress]

* Rule 65, section 6, par. 2 expressly akes Rule 56, section 2 applicable to petitions for certiorari, andamus and prohibition. Rule 56, section 2 provides that Rules 46, 48, 49, 51, 52 and 56 apply. Rule 46, section 3 provides that the petition must be accompanied not only by a certified true copy of the judgment or order questioned but also by such material portions of the record as are referred to therein, and other documents, relevant or pertinent thereto .

23

PLUS: [5] Combined Verification, Certification against Forum hopping, and tatement of

aterial

6. NNEX .

certified true copy (or duplicate ori inal copy) of the

ecision under review is attached as

2. ( tate the date on hich copy of Reconsideration, if filed, denied.)

ecision

as received and/or Resolution on

otion for

order (cf. Rule 65, sec. 4) 2. Names of petitioner and respondent 3. Grounds relied upon 4. Prayer/Relief 5. Combined Verification, Certification against Forum Shopping, and Statement of Material Dates 6. Attachments a. Certified true copies of the judgment/order subject of petition b. All material portions of the record as would support the petition*

ates

Comment [ G61]: To the standard Verification and Certification Against Forum Shopping, ADD the date when the Decision or Judgment was received pursuant to the requirements under the Rules of Court. (See Form I-G)

PETITION PETITIONER, by counsel, respectfully states that: [2] 1. ( tate capacity of petitioner and respondent/s, citizenship, status and residence.)

[3] 3. ( tate briefly the facts and circumstances under hich the respondent/s hether exercising judicial or inisterial functions acted ithout, or in excess of, jurisdiction or ith rave abuse of discretion amounting to lack or excess of jurisdiction.) 4. ( tate entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal ri ht, [b] hich is threatened by an act or omission of respondents, [c] and that, unless restrained, ill cause rave and irreparable injury to petitioner. llege also that petitioner is ready to post a bond in an amount to be fixed by the Court conditioned upon the pay ent to respondents of any damages suffered arising from the rit should petitioner be found not to be entitled to the rit.) 5. There is no appeal from such decision or any plain or adequate speedy remedy in the ordinary course of law, except this petition. 6. NNEX . certified true copy (or duplicate ori inal copy) of the

ecision under review is attached as

[4] WHEREFORE, it is respectfully prayed that an injunction or TRO be issued directing respondent/s to desist and refrain from further proceedings in the premises, and that after due notice and hearing, a rit of prohibition issue directing res pondent/s to desist absolute and perpetually from further proceedings (in the said action or atter). Quezon City; [1] 7 July 2007. ( d.) TTICUS FINCH Counsel for the Petitioner [ ddress]

24

PLUS: [5] Combined Verification, Certification against Forum hopping, and tatement of

aterial

2. (If applicable, state the date on otion for Reconsideration, if filed, denied.)

hich copy of

ecision

as received and/or Resolution on

3. Grounds relied upon 4. Prayer/Relief 5. Combined Verification, Certification against Forum Shopping, and Statement of Material Dates 6. Attachments a. Certified true copies of the judgment/order subject of petition b. All material portions of the record as would support the petition*

ates

Comment [ G64]: To the standard Verification and Certification Against Forum Shopping, ADD the date when the Decision or Judgment was received pursuant to the requirements under the Rules of Court. (See Form I-G)

PETITION PETITIONER, by counsel, respectfully states that: [2] 1. ( tate the capacity of petitioner and respondent/s and their addresses.) [3] 2. ( tate the facts and circumstances hereby respondent/s unlawfully neglected the perfor ance of an act hich the law specifically enjoins as a duty resulting from an office, trust or station, or unlawfully excluded the petitioner from the enjoy ent of a ri ht or office to hich the petitioner is entitled.) 3. Petitioner has no appeal from such decision or any plain or adequate speedy remedy in the ordinary course of law, except this petition. [4] WHEREFORE, it is respectfully prayed that, after due notice and hearing, a rit of andamus issue commanding respondent/s forthwith to: (state the act required to be done), ith costs against them. Quezon City; [1] 7 July 2007. ( d.) ATTICUS FINCH Counsel for the Petitioner [Address] PLUS: [5] Combined Verification, Certification against Forum hopping, and tatement of Material Dates

4. Prayer/Relief 5. Combined Verification, Certification against Forum Shopping, and Statement of Material Dates 6. Attachments a. Certified true copies of the judgment/order subject of petition b. All material portions of the record as would support the petition*

25

Plaintiff, SCA No. ____________ - versus UMA AGAW and INA AGAWAN, Defendants. x ---------------------------------------x COMPLAINT PLAINTIFF, by counsel, respectfully states that: [1] 1. Plaintiff and defendants are all of legal age; plaintiff resides at ________ ________ while defendants reside at _______________ and _______________, respectively, where they may be served with pertinent notices. [2] 2. On 1 June 2007, plaintiff found a Gold Rolex Oyster watch, without knowing who its true owner is. The watch is now in plaintiff s possession. On or about 5 June 1999, defe ndants made similar representations to plaintiff as to ownership of the watch. 3. Plaintiff, who claims no interest in the watch, cannot determine the conflicting claims of defendants and thus seeks to compel defendants to interplead and litigate their several claims between themselves. [3] WHEREFORE, it is respectfully prayed that this Honorable Court issue an order directing defendants to interplead with one another to determine their respective rights and claims and to allow plaintiff to recover his expenses for safekeeping and the costs of this suit, as first lien upon the subject matter of this action. [4] Quezon City; 7 July 2007.
[5] (Sgd.) ATTICUS FINCH

claimants; and claimants over the same subject matter 2. Material Allegations of Ultimate Facts facts showing conflicting claims made on the same subject matter over which petitioner claims no interest or an interest that is not disputed by claimants 3. Prayer/Relief 4. Date/Place of Execution 5. Signature of Counsel 6. Verification and Certification against Forum Shopping

Comment [ G67]: 1995 Bar Question

Counsel for Plaintiff [Address] PLUS: [6] Verification and Certification against Forum Shopping

Comment [ G68]: It is important to allege this because otherwise plaintiff would be required to pay the docket fees involved in filing the Complaint in Interpleader which would be determined by the value of the property. In this way, plaintiff will not be unduly prejudiced by the costs of the suit.

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SCA No. 1357 NALI LITO, as Special Administrator of the Estate of the deceased DAMI LUPA, Petitioner, UMA AGAW, Respondent. x ------------------------------------------------x PETITION PETITIONER, by counsel, respectfully states that: [1] 1. He is the special administrator of the estate of the deceased DAMI LUPA. [2] 2. The deceased, during his lifetime, executed a Deed of Sale of real estate in favor of the respondent dated _____________, and particularly described, as follows: (Describe property) covered by TCT No. 12345 in the Register of Deeds of Makati. The same is annotated on the title as the only encumbrance thereon. 3. The sale is fictitious and the Deed of Sale is forged, as shown by a judgment in Civil Case No. 2468, a copy of which is attached. 4. The existence of the alleged Deed of Sale is prejudicial and injurious to the title of the lawful heirs of the deceased upon the said property. Equity demands that the said Deed of Sale be surrendered and cancelled, as it is a cloud upon the title of the deceased and his lawful heirs. [3] WHEREFORE, petitioner respectfully prays that this Honorable Court render judgment in the Estate s favor by ordering the Deed of Sale surrendered and cancelled and the cloud on Title No. 12345 removed. [4] Quezon City; 7 July 2007. [5] (Sgd.) MITCH MCDEERE Counsel for Petitioner [Address] PLUS: [6] Verification and Certification against Forum Shopping

injury by operation of the said deed, will, contract or other writing 2. Material Allegations of Ultimate Facts facts showing interest under a deed, will, contract or other written instrument and injury arising from operation of said deed, will, contract or other writing and facts showing that no violation or breach has occurred; may also show facts showing need to reform instrument , quiet title (arising from conflicting claims or cloud thereon) or to consolidate ownership (as when property under pacto de retro not redeemed) 3. Prayer/Relief 4. Date/Place of Execution 5. Signature of Counsel 6. Verification and Certification against Forum Shopping

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- versus THE CITY COUNCIL OF QUEZON CITY, Defendant. x --------------------------- x COMPLAINT PLAINTIFF, by counsel, respectfully states that:

Civil Case No. 2468

[1] 1. Plaintiff is a Filipino citizen of legal age and resident of Quezon City; defendant is the City Council of Quezon City, the duly-constituted legislative body for Quezon City, its members may be served with notices at Quezon City Hall. [2] 2. On 1 August 1999, defendant City Council passed Ordinance No. 2345 making it unlawful to operate cellular phone units while inside a moving vehicle and penalizing any violations with a fine of P1,000.00 for each offense in addition to impounding of the cellular phone unit. The relevant portions of the Ordinance are, as follows: (Quote the relevant portions) 3. The above-quoted portion is ambiguous because it leaves unfettered discretion to the authorities to stop even urgent and important calls which may be made only while the person is in transit. It fails to consider that, due to the worsening traffic conditions in Metro Manila, majority of business is conducted in transit and over cellular phones. Plaintiff is a lawyer who frequently has to dictate important pleadings over the phone while in transit due to the worsening traffic condition. The Ordinance appears to bar his doing so but plaintiff is unaware of the limits of permissible action under the Ordinance. 4. Unless declaratory relief is granted, plaintiff will suffer grave and irreparable injury because he is unsure of the instances when he may lawfully use his cellular phone while in a moving vehicle and when such use may lead to confiscation and a fine. [3] WHEREFORE, plaintiff respectfully prays that this Honorable Court grant declaratory relief and declare plaintiff s rights and duties under the Ordinance. [4] Quezon City; 7 July 2007. [5] (Sgd.) ATTICUS FINCH Counsel for Plaintiff [Address] PLUS: [6] Verification and Certification against Forum Shopping

injury by operation of the said deed, will, contract or other writing 2. Material Allegations of Ultimate Facts facts showing interest under a deed, will, contract or other written instrument and injury arising from operation of said deed, will, contract or other writing and facts showing that no violation or breach has occurred; may also show facts showing need to reform instrument , quiet title (arising from conflicting claims or cloud thereon) or to consolidate ownership (as when property under pacto de retro not redeemed) 3. Prayer/Relief 4. Date/Place of Execution 5. Signature of Counsel 6. Verification and Certification against Forum Shopping

28

COMPLAINT PLAINTIFF, by counsel, respectfully states that: [1] 1. ( tate the capacity and address of both plaintiff and defendant.) [2] 2. ( tate fully and clearly the facts and circumstances showing that defendant is unlawfully occupying a public office and that plaintiff is entitled to hold the same office. ) 3. ( tate that plaintiff has demanded that defendant vacate said office and deliver it to plaintiff but that defendant has unlawfully refused to do so.) [3] WHEREFORE, plaintiff respectfully prays that a rit of quo arranto issue ousting and excluding defendant from occupying the office of ____________ and declare that plaintiff is entitled to the said office and that he be placed forthwith in possession thereof. [4] Quezon City; 7 July 2007. [5] ( d.) ATTICUS FINCH Counsel for the Plaintiff [Address] PLUS: [6] Verification and Certification against Forum hopping

b. Person claiming to be entitled to public office or position usurped or unlawfully held or exercised by another against the alleged usurping public officer; 2. Material Allegations of Ultimate Facts facts showing usurpation of office and facts showing entitlement of petitioner to the office 3. Prayer/Relief 4. Date/Place of Execution 5. Signature of Counsel 6. Verification and Certification against Forum Shopping

29

Republic of the Philippines City of Makati

) ) s.s. COMPLAI T-AFFIDAVIT

[1] I, MA SELAN, of legal age, Filipino, ith assistance of counsel, and [2] resident of 4 Privet Drive, Triple X Village, Makati, do hereby state under oath that:

3. Factual allegations to show violation or defense 4. Signature of affiant 5. Verification 6. Certification as to Personal Examination of Affiant 7. Supporting Documents/Affidavits

[3] 2. I accuse and hereby charge MR. MA INGAY, residing at 5 Privet Drive, Triple X Village, Makati, of violating Article 358 of the Revised Penal Code (Slander and Oral Defamation), committed marks against me during against me hen he publicly, maliciously and deliberately uttered defamatory re the Board Meeting of the Association on 27 January 2007. This is attested to by the following exchange that transpired bet een Mr. Ingay and the other members of the Board in attendance:

(Quote Exchange) Attached as ANNEX A is a copy of the official transcript of the meeting. 3. Prior resort to the Barangay conciliation system proved fruitless as Mr. Ingay did not retract as issued by the Barangay Chairperson, a his remarks. Consequently, a Certification to File Action copy of hich is attached as ANNEX . 4. There is no other person named Ma Selan residing at Triple X Village nor is there any other person named Ma Selan ho has acted as Board Member of the Association. Consequently, Mr. Ingay s public and defamatory utterance as clearly a reference to me and to no other. 5. Mr. Ma Ingay s remarks, calling me a s indler t ice over, uttered in a public meeting are clearly insulting and defamatory as they malign me and attribute to me a criminal act, nature and predisposition. There is, moreover, no doubt that Mr. Ingay s use of the ord s indled as deliberate as his explanation and clarification a few utterances thereafter ould show. Mr. Ingay s remarks are also very serious as they cast aspersions on my reputation, character and very person before my peers and fellow homeowners. 6. Mr. Ingay s remarks have injured my name, reputation and character before my neighbors and peers. While my name, reputation and character are incapable of pecuniary estimation as these are the result of a lifetime s effort to build a name, reputation and character that my children and their children can be proud to bear, Mr. Ingay cannot be allowed to simply go scot-free ithout bearing the consequences of his acts. For this reason, I am also holding Mr. Ma Ingay liable civilly for defaming me in the amount of One Million Pesos (P1,000,000.00) in nominal damages, Five Hundred Thousand Pesos (P500,000.00) in moral damages and Five Hundred Thousand Pesos (P500,000.00) in exemplary damages. TO THE TRUTH OF THE FOREGOING, I have signed this Complaint -Affidavit on 13 April 2007. [4] (Sgd.) MA SELAN Complainant-Affiant [5] SUBSCRIBED AND SWORN TO BEFORE ME this 13th day of April 2007. (Sgd.) Investigating Prosecutor

[6] CERTIFICATION I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIED THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT. (Sgd.) Investigating Prosecutor

30

1. I am a member of the Triple X Village Homeowner s Association ( Association ) and formerly a Director and Corporate Secretary of the Association.

as

Comment [FG73]: Because an affidavit must be based on personal knowledge of the affiant, many times, legal answers cannot be included for fear that affiant does NOT have personal knowledge. Stating that affiant was assisted by counsel may remove that problem as all that affiant has to do is say I was advised by counsel that

Comment [FG74]: Rule 112, sec. 3(a), 2000 Rules on Criminal Procedure. Note that this may be done before a prosecutor, or any government official authorized to administer an oath, or in their absence or unavailability, a Notary Public.

COUNTER-AFFIDAVIT Re: I.S. No. 1613

1. I am the Chief of Staff of the Mayor of Quezon City, and have been occupying said post since his election to the post in 1998. In said capacity, I am in charge of coordinating the day-to-day affairs and activities of his Office. [2] 2. I recently learned that I have been made a respondent in I.S. No. 1613, a charge for estafa, filed by a certain MA GULANG on 19 January 2007 before the Office of the City Prosecutor for Quezon City. 3. The charge is based on a supposedly unpaid account for the purchase of seven (7) Nextel phone units by a Mr. MANGGA GANTSO of the Quezon City Rescue and Environmental Distress Unit, hich made the Mayor their Honorary Chairman ith no direct functions; he has been supporting their activities financially ith voluntary contributions. [3] 4. There is no truth to the allegations in MA GULANG s complaint. There is no factual nor legal basis to charge me ith estafa. The Complaint must be dismissed. To rebut and contradict MA GULANG s malicious lies, I set forth the true circumstances leading to the transaction below: 4.1. Sometime last year, Ms. Gulang called the office of the Mayor, looking for him; I informed her that he as not around. I took a message from her saying that she as a friend of the Mayor and that she as selling Nextel units and if e anted to buy units from her. I informed her that both the Mayor and I had our units already she then ; told me if the Mayor could refer her to prospective clients. When the Mayor arrived, I relayed the message to him. 4.2. Quite coincidentally, Mr. Gantso had called the Mayor asking if he could assist in securing Nextel units. The Mayor asked me to call Ms. Gulang. Mr. Gantso and Ms. Gulang ere able to meet, as a result. 4.3. On that day, Ms. Gulang brought the units to the Mayor s Office; she met ith Mr. Gantso inside the Mayor s office. They transacted business inside the Mayor s Office and only passed by my office on their ay out. 4.4. Some time after that, Ms. Gulang phoned me and told me that Mr. Gantso had not paid her the amount of P11,000.00 for the units. Somewhat embarrassed by this, I called Mr. Gantso and told him to pay Ms. Gulang; he assured me that he ould pay her but that he just needed to collect money from the rest of the group. 4.5. After persistent calls from Ms. Gulang telling me that Mr. Gantso had not yet paid, I gave her the telephone number of Gantso so that she could just call him directly. But even then, I ould still get calls from Ms. Gulang; and hen she started to get angry over the telephone, I set up an appointment for Mr. Gantso to meet ith her at the Office. 4.6. Thereafter, I ould still receive phone calls telling me that Mr. Gantso had yet to pay; I ould follow up ith Mr. Gantso but he simply gave me this promise that he ould pay. 5. It is utterly inexplicable that Ms. Gulang ould hold me liable for estafa hen all that I did as to refer Ms. Gulang to Mr. Gantso; to a certain extent, I even exerted my best efforts to see that Ms. Gulang as paid due simply to my great embarrassment at the prospect of being accused of referring a person ho does not know how to pay for an obligation. 6. For this reason, it is certainly incomprehensible that I should stand accused of estafa by Ms. Gulang. I performed no act of deceit or fraud against her in ordering the units. I performed NO ACT that even remotely resembles ANY of the acts punished unde r Article 315. If at all, any cause of action is PURELY CIVIL in nature and that liability does not pertain to my personal account in the absence of a showing that I benefited from the Nextel units ( hich Ms. Gulang does not even allege and cannot prove); any civil liability should pertain to the Office of the Mayor, not to me.

31

[1] I, MA LABO, of legal age,

ith assistance of counsel, do hereby state under oath that:

defense 4. Signature of affiant 5. Verification 6. Certification as to Personal Examination of Affiant 7. Supporting Documents/Affidavits

Comment [FG76]: Because an affidavit must be based on personal knowledge of the affiant, many times, legal answers cannot be included for fear that affiant does NOT have personal knowledge. Stating that affiant was assisted by counsel may remove that problem as all that affiant has to do is say I was advised by counsel that

TO THE TRUTH OF THE FOREGOING, I have signed this Statement on 3 February 200 7. [4] (Sgd.) MA LABO Affiant

PLUS: 1. [5] Verification 2. [6] Certification

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(Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, - versus PI KUTIN, Accused. x ----------------------------------------x INFORMATION The Undersigned accuses PI KUTIN of the crime of Bigamy, committed as follows: That on or about 3 July 2006, in the City of Quezon and within the jurisdiction of this Honorable Court, the said accused, being then legally married to BIL MOKO, and without such marriage having been legally dissolved and thus valid and existing, did wilfully, unlawfully and felicitously contract a second marriage with ASA WA in the City of Quezon. CONTRARY TO LAW. Criminal Case No. 00567 For: Bigamy

b. Name of accused 2. Designation of offense by statute 3. Acts or omissions complained of as constituting the offense including a statement of the qualifying or aggravating circumstances 4. Approximate time of the commission of the offense 5. Place of commission 6. Signature of Prosecutor (for Information) 7. Signature of Offended Party, Peace officer or Public officer charged with enforcement of the law (for Complaint) 8. NOTE: if Information is filed after inquest (and not preliminary investigation), ADD: a. Place where accused is actually detained b. Full name and address of evidence custodian c. Detailed description of recovered items, if any 9. Verification 10. Certification of Preliminary Investigation or Inquest

Comment [FG78]: 1989 Bar Question Comment [FG79]: NOTE: The allegation of any aggravating circumstances should be made here.

ELLIOT NESS Assistant City Prosecutor

CERTIFICATE OF PRELIMINARY INVESTIGATION I hereby certify that a preliminary investigation in this case was conducted by me in accordance with law; that I examined the Complainant and her witnesses; that there is reasonable ground to believe that the offense charged had been committed and that the accused is probably guilty thereof; that the accused was informed of the Complaint and of the evidence submitted against him and was given the opportunity to submit controverting evidence; and that the filing of this Information is with the prior authority and approval of the City Prosecutor. ELLIOT NESS Assistant City Prosecutor

Comment [FG80]: See Rule 112, section 4, 2000 Rules on Criminal Procedure. This Certification is appended to an Information filed after a full blown preliminary investigation is conducted; if the accused was arrested without a warrant and refused/failed to execute a written waiver of the provisions of Article 125, Revised Penal Code, the ACP should have conducted an INQUEST and not a preliminary investigation. Any Information filed would thus have a different Certification, i.e., a Certification on Conduct of Inquest.

SUBSCRIBED AND SWORN TO BEFORE ME this 9th day of August 2006 in Quezon City. AL CAPONE City Prosecutor Bail Recommended: P10,000.00

Comment [FG81]: See Rule 110, sections 3, 4, 2000 Rules on Criminal Procedure. Please note that the oath is administered by a public officer authorized to administer an oath; thus, the JURAT does not contain any reference to the CTC details. Contrast this with the Jurat in Form I-C, which applies when a Notary Public administers the oath.

33

PEOPLE OF THE PHILIPPINES, Plaintiff, - versus KLEPTO MANIAC, Accused. x ---------------------------------------------x INFORMATION The Undersigned accuses KLEPTO MANIAC of the crime of Theft, committed as follows: That on or about 3 July 2006, in the City of Quezon and within the jurisdiction of this Honorable Court, the said accused, then 11 years old and without any known address, willfully, unlawfully and feloniously, with intent to gain, without force upon things or violence upon persons and without the knowledge and consent of MA ALAHAS, the owner, took a gold necklace studded with diamonds valued at One Hundred Thousand Pesos (P100,000.00) to the prejudice of said owner. CONTRARY TO LAW. ELLIOT NESS Assistant City Prosecutor CERTIFICATION AS TO CONDUCT OF INQUEST I hereby certify that the accused was lawfully arrested without a warrant and that, upon being informed of his rights, refused to waive the provisions of Article 125 of the Revised Penal Code and, for this reason, an Inquest was conducted; that based on the complaint and the evidence presented before me without any countervailing evidence submitted by the accused, despite opportunity to do so, there is reasonable ground to believe that the accused has committed the crime of theft and should, thus, be held for said crime; that this Information was with the prior authority of the City Prosecutor. ELLIOT NESS Assistant City Prosecutor SUBSCRIBED AND SWORN TO BEFORE ME this 9th of August 2006 in Quezon City. AL CAPONE City Prosecutor Criminal Case No. 00567 For: Theft

3. Acts or omissions complained of as constituting the offense including a statement of the qualifying or aggravating circumstances 4. Approximate time of the commission of the offense 5. Place of commission 6. Signature of Prosecutor (for Information) 7. Signature of Offended Party, Peace officer or Public officer charged with enforcement of the law (for Complaint) 8. NOTE: if Information is filed after inquest (and not preliminary investigation), ADD: a. Place where accused is actually detained b. Full name and address of evidence custodian c. Detailed description of recovered items, if any 9. Verification 10. Certification of Preliminary Investigation or Inquest

Comment [FG83]: 1988 Bar Question

Comment [FG84]: See DOJ Circular No. 61 (September 21, 1993; New Rules on Inquest), section 14. As noted above, this Certification accompanies an Information filed after an inquest and not a preliminary investigation is conducted. An inquest is conducted only if the respondent was arrested without a warrant and does not waive the provisions of Article 125 of the RPC and does not wish to avail of a fullblown preliminary investigation.

34

PEOPLE OF THE PHILIPPINES, Plaintiff, - versus MAEL SIA, Accused. x ---------------------------------- ---------- x INFORMATION The undersigned accuses MAEL SIA of attempted rape committed as follows: That on or about 6 June 2005, in Quezon City, the accused did then and there wilfully, unlawfully and feloniously enter the house of SEK SEE, a married woman, and finding that her husband was away, with lewd designs and by means of force and intimidation, commenced directly by overt acts to commit the crime of attempted rape upon her person, to wit: while SEK SEE was cooking lunch, the accused seized herfrom behind, threw her to the floor, raised her skirt, pulled down her underwear and attempted to penetrate her with his sexual organ and would have succeeded in doing so had not her loud protests and vigorous resistance brought her neighbors to her assistance, causing the accused to flee from the premises without completing all the acts of execution. CONTRARY TO LAW with the aggravating circumstance of dwelling. ELLIOT NESS Assistant City Prosecutor PLUS: Certification of Preliminary Investigation or Inquest Criminal Case No. 00567 For: Attempted Rape

2. Designation of offense by statute 3. Acts or omissions complained of as constituting the offense including a statement of the qualifying or aggravating circumstances 4. Approximate time of the commission of the offense 5. Place of commission 6. Signature of Prosecutor (for Information) 7. Signature of Offended Party, Peace officer or Public officer charged with enforcement of the law (for Complaint) 8. NOTE: if Information is filed after inquest (and not preliminary investigation), ADD: a. Place where accused is actually detained b. Full name and address of evidence custodian c. Detailed description of recovered items, if any 9. Verification 10. Certification of Preliminary Investigation or Inquest

35

PEOPLE OF THE PHILIPPINES, Plaintiff, - versus MAMA MATAY, Accused. x ---------------------------------------------x INFORMATION The undersigned accuses MAMA MATAY of frustrated murder committed as follows: That on or about 21 August 2006, in Quezon City, the accused did then and there take a loaded .44 Caliber Magnum pistol, directly aim the same firearm at the person of VIC TIMA, an invalid septuagenarian, and, at point blank range, with intent to kill, discharge the firearm twice against the person of said Vic Tima, inflicting on said Vic Tima two (2) wounds on his chest and stomach, which wounds would have been fatal had not timely medical assistance been rendered to the said Vic Tima. CONTRARY TO LAW with the aggravating Premeditation, use of firearm and disregard of age. (Sgd.) ELLIOT NESS Assistant City Prosecutor PLUS: Certification of Preliminary Investigation or Inquest circumstances of Evident Criminal Case No. 00567 For: Frustrated Murder

3. Acts or omissions complained of as constituting the offense including a statement of the qualifying or aggravating circumstances 4. Approximate time of the commission of the offense 5. Place of commission 6. Signature of Prosecutor (for Information) 7. Signature of Offended Party, Peace officer or Public officer charged with enforcement of the law (for Complaint) 8. NOTE: if Information is filed after inquest (and not preliminary investigation), ADD: a. Place where accused is actually detained b. Full name and address of evidence custodian c. Detailed description of recovered items, if any 9. Verification 10. Certification of Preliminary Investigation or Inquest

36

National Capital Judicial Region REGIONAL TRIAL COURT Branch 90, Quezon City PEOPLE OF THE PHILIPPINES, Plaintiff, - versus KLEPTO MANIAC, Accused. x ------------------------------------------x MOTION TO QUASH [2] THE ACCUSED, by counsel, respectfully moves to quash the Information for the crime of theft on the following: [3] GROUNDS 1. IT CONTAINS AVERMENTS WHICH, IF TRUE, WOULD CONSTITUTE A LEGAL JUSTIFICATION; 2. THIS COURT IS WITHOUT JURISDICTION. In support, the accused respectfully states that: ARGUMENT The Information alleges that the accused KLEPTO MANIAC is eleven (11) years old and without any known address. Under Article 12, paragraph 3 of the Revised Penal Code, a person over nine years of age and under fifteen, unless he acted with discernment, is exempt from criminal liability. There is no allegation that the accused acted with discernment. Even granting said discernment, the accused cannot be tried but instead proceeded against under Article 80 of the Revised Penal Code, which provides that a minor, unless sixteen years of age at the time of the commission of a grave or less grave felony, cannot be tried but instead shall have the benefit of a suspension of all proceedings against him. The duty of the court would be to commit the minor to the custody or care of a public or private benevolent or charitable institution for the care and education of homeless and delinquent children or to the custody of the Department of Social Work and Development. [4] WHEREFORE, it is respectfully prayed that the Information against the accused be QUASHED and that the accused be released immediately from detention. [5] Quezon City; 7 July 2007. [6] (Sgd.) MITCH MCDEERE Counsel for the Accused [Address] PLUS: 1. [7] Request for and Notice of Hearing 2. [8] Proof of Service Criminal Case No. 00567 For: Theft

3. Distinct specification of factual and legal grounds for quashal 4. Relief 5. Date/Place 6. Signature of counsel 7. Notice of Hearing 8. Affidavit of service

Comment [FG89]: 1976, 1986, 1988 and 1990 Bar Question

37

Plaintiff, - versus VIG CHAN, Accused. x ----------------------------------------------x MOTION TO QUASH SEARCH WARRANT The ACCUSED, by counsel, respectfully moves for the quashal of Search Warrant No. 1122 issue d by this Honorable Court on and dated 12 July 2006 based on the following considerations: [2] 1. Rule 126, Sec. 10 or the Revised Rules of Court provides expressly that a search warrant shall be valid for ten (10) days from its date and that thereafter, it shall be void. 2. Search Warrant No. 1122 is dated 12 July 2006. It was served on the accused on 23 July 2006, the 11th day from its date; this is certified to by the Sworn Inventory and Return executed by Major Alang Alam, the leader of the searching team (a copy of which is already part of the records). A search was made on the same day, 23 July 2006; pursuant to said search, certain objects were seized and delivered to the court. Under the law, the Search Warrant is void and must, thus, be quashed. [3] WHEREFORE, it is respectfully prayed that Search Warrant No. 1122 be QUASHED and all objects seized under its purported authority be declared INADMISSIBLE under the exclusionary rule in Article III, Section 3(2) in relation to section 2 of the 1987 Constitution. [4] Quezon City; 25 July 2006. [5] (Sgd.) MA TAPANG Counsel for Accused [Address] PLUS: 1. [6] Request for and Notice of Hearing 2. [7] Proof of Service Criminal Case No. 00022 For: Libel

acknowledged by the Supreme Court in case law. Please take note that this may be filed in and acted upon only by the court where the action is filed but if no action has yet been filed, it may be filed with the court that issued the search warrant. If no resolution has yet been made by the Search Warrant Court by the time an Information is filed, then the trial court shall resolve the Motion to Quash.

Comment [FG91]: Checklist: 1. Caption and Title 2. Distinct Specification of Factual and Legal Grounds for Quashal a. Failure to comply with form prescribed by law b. Served beyond period c. More than one offense d. No personal determination of probable cause by Judge e. No probable cause 3. Relief 4. Place/Date 5. Signature of Counsel 6. Notice of Hearing 7. Proof of Service

38

PEOPLE OF THE PHILIPPINES, Plaintiff, - versus VIG CHAN, Accused. x ----------------------------------------------x MOTION TO SUPPRESS EVIDENCE UNLAWFULLY SEIZED The ACCUSED, by counsel, respectfully moves for the suppression of object seized on 23 July s 2006, pursuant to Search Warrant No. 1122 issued by this Honorable Court dated 12 July 200 based on 6, the following considerations: [2] 1. Search Warrant No. 1122 was served on the 11th day and is, thus, void. 2. The motor vehicle seized does not fall within the property that may lawfully be seized. Discussion [1] Search Warrant No. 1122 was served on the 11th day and is, thus, void. 1. Rule 126, Sec. 10 of the Revised Rules of Court provides expressly that a search warrant shall be valid for ten (10) days from its date and that thereafter, it shall be void. 2. Search Warrant No. 1122 is dated 12 July 2006. It was served on the accused on 23 July 2006, the 11th day from its date; this is certified to by the Sworn Inventory and Return executed by Major Alang Alam, the leader of the searching team (a copy of which is already part of the records). A search was made on the same day, 23 July 2006; pursuant to said search, certain objects were seized and delivered to the court. Under the law, the Search Warrant is void. 3. No valid seizure may be made under a void warrant. For this reason, the following objects must be suppressed: [list items] [2] The motor vehicle seized does not fall within the property that may lawfully be seized. 4. On the occasion of the search, the searching party also seized accused s green Jaguar XJE with license plate, No. 1", allegedly for being subject of the offense. Thereafter, it was impounded and kept at the PNP Motor Pool. 5. The motor vehicle cannot be subject of the offense as accused is charged with libel. There is no relation between the motor vehicle and libel. 6. Moreover, the motor vehicle is not mala prohibita that would justify a seizure thereof; neither could there be a seizure of evidence in plain view. [3] WHEREFORE, it is respectfully prayed that all objects seized under the void Search Warrant No. 1122 be declared INADMISSIBLE under the exclusionary rule in Article III, section 3(2) in relation to Section 2 of the 1987 Constitution. Furthermore, it is prayed that the Green Jaguar XJE with license plate No. 1" be immediately returned to the accused. [4] Quezon City; 25 July 2006. [5] (Sgd.) MA TAPANG Counsel for Accused [Address] PLUS: 1. [6] Request for and Notice of Hearing 2. [7] Proof of Service Criminal Case No. 00022 For: Libel

acknowledged by the Supreme Court in case law. Please take note that this may be filed in and acted upon only by the court where the action is filed but if no action has yet been filed, it may be filed with the court that issued the search warrant. If no resolution has yet been made by the Search Warrant Court by the time an Information is filed, then the trial court shall resolve the Motion to Quash.

Comment [FG93]: Checklist: 1. Caption and Title 2. Distinct Specification of Factual and Legal Grounds for Suppression a. Search without witnesses b. Served beyond period c. More than 1 offense d. No receipt e. No inventory f. Property not subject of seizure g. Not evidence in plain view 3. Prayer/Relief 4. Place/Date 5. Signature of Counsel 6. Notice of Hearing 7. Proof of Service

39

PEOPLE OF THE PHILIPPINES, Plaintiff, - versus NAKA PIIT, Accused. x ------------------------------------------x MOTION FOR BAIL [2] THE ACCUSED, by counsel, respectfully moves to be allowed bail on the ground that the[3] prosecution s evidence of his guilt is not strong. In support, he respectfully submits the following: 1. The Information alleges that he raped the private complainant on 25 December 2005 at his residence in Quezon City. The prosecution s own evidence, however, belies this allegation as: (a) the medical certificate (attached as ANNEX A to the Information) states that private complainant is in a virgin state with no physical and outward signs of trauma; (b) the medical certificate issued by the NBI doctor (attached as ANNEX B to the Information) after a physical examination of the accused, two (2) days after the alleged rape, shows that he is suffering from erectile dysfunction and has been so afflicted for close to five (5) years now and (c) the sworn statements of the private complainant conflict with and contradict each other such that her credibility must be placed in doubt. 2. For these reasons, there is no basis to conclude that the accused raped the private complainant as there is less than circumstantial evidence of this fact. He is, thus, entitled to bail as a matter of right. WHEREFORE, it is respectfully prayed that the accused be granted: (1) a bail hearing, during which the prosecution should be directed to present its evidence to show the strength of its evidence of the accused s guilt, and (2) thereafter, grant the accused reasonable bail. Other just and equitable reliefs are also prayed for. Quezon City; 7 July 2007. (Sgd.) MITCH MCDEERE Counsel for the Accused [Address] PLUS: Request for and Notice of Hearing Criminal Case No. 00567 For: Murder

4. 5. 6. 7. 8.

Prayer/Relief Place/Date Signature of Counsel Notice of Hearing Proof of Service

Comment [FG95]: See Rule 114, as amended; however, as bail is generally a matter of right and is only limited and made discretionary in capital cases, the allegation in this regard would invariably be to the effect that the evidence of guilt is not strong and the relief prayed for would be a bail hearing and the subsequent admission to bail.

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PEOPLE OF THE PHILIPPINES, Plaintiff, - versus RECY DIVIST, Accused. x ----------------------------------------------x APPLICATION FOR PROBATION THE ACCUSED, by counsel, respectfully applies for probation pursuant to the provisions of Presidential Decree No. 968, as amended. In support of this application, the accused respectfully submits the following: 1. Accused-applicant is of legal age and currently gainfully employed at ASN Broadcasting Corporation located at Timog Avenue, Quezon City. On 23 February 2007, she pleaded guilty to the offense charged herein; consequently, this Honorable Court in its Order dated 8 March 2007 sentenced accused-applicant to an indeterminate penalty ranging from three (3) years to five (5) years of prision correccional. [2] 2. Accused-applicant humbly submits that she possesses all the qualifications and none of the disqualifications enumerated under section 2 of Presidential Decree No. 968, specifically: 2.1. She has not been convicted of any crime against national security or public order; 2.2. She has not been previously convicted by final judgment of an offense punishable by imprisonment of not less than one (1) month and one (1) day and/or a fine of not less than Two Hundred Pesos (P200.00); 2.3. She has not previously applied for nor had been previously placed under probation under Presidential Decree No. 968. 2.4. She has not started to serve her sentence and, to date, has not filed any Notice of Appeal from the Order of conviction. 3 Finally, granting this application will not in any way depreciate the seriousness of the offense charged nor cause any undue risk that during the period of probation, accused-applicant will commit another crime. Moreover, accused-applicant does not need any correctional treatment requiring commitment to an institution. [3] WHEREFORE, accused-applicant respectfully prays that her application for probation be GRANTED and that she be placed under probation under such terms and conditions necessary to attain and ensure the objectives of the law and which, under the circumstances, are fair, just and reasonable in the sound discretion of this Honorable Court. Quezon City for Pasig City; 12 March 2007. (Sgd.) ATTICUS FINCH Counsel for Accused [Address] PLUS: 1. [4] Verification 2. [5] Request for and Notice of Hearing Criminal Case No. 114878

3. Prayer/Relief 4. Verification by Applicant 5. Notice of Hearing

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Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 90, Quezon City PEOPLE OF THE PHILIPPINES, Plaintiff, Criminal Case No. 000011 - versus RECY DIVIST, Accused. x ------------------------------------------x FORMAL OFFER OF EVIDENCE THE PROSECUTION, by the undersigned public and private prosecutors, resp ectfully offer their documentary exhibits in support of their case-in-chief: 1. Exhibit A, the sworn statement of Alang Kaso, the private complainant, and Exhibit A-1, his signature to prove that on the date and time stated in the affidavit, the accused issued a post-dated check in the amount of One Million Pesos (P1,000,000.00) which, on presentment for payment, was dishonored for lack of insufficient funds; to prove authorship and the authenticity of the sworn statement; and as part of the testimony of the private complainant. 2. Exhibit B, the post-dated check dated 30 June 2004, issued by the accused in the amount of One Million Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with notation DAIF ; Exhibit B-2, the signature of accused on face of the check to prove the issuance of the check, the amount stated, the reason for dishonor and the identity of the issuer. The marked copies of Exhibits A and B are already part of the record. WHEREFORE, the prosecution respectfully prays that the foregoing Exhibits be ADMITTED as proof of the facts therein stated and in support of its case -in-chief and for all other relevant purposes. Quezon City; 7 July 2007. ELLIOT NESS Public Prosecutor Copy furnished: MITCH MCDEERE Counsel for Accused ATTICUS FINCH Private Prosecutor
Comment [FG97]: Variably and acceptably denominated by others as Formal Offer of Documentary Exhibits; please note that this applies to criminal and civil cases. In criminal cases, the private prosecutor has no personality to formally offer the evidence, thus, the offer is made in the name of the prosecution. Comment [FG98]: If the question calls for an Offer of Evidence by the Accused/Defense, then the proper 1st par. should read: The Accused (Defendant), by counsel, respectfully offers his/her documentary exhibits in support of his/her defenses, as follows:. Invariably, the Offer of Evidence is made in table or column form such that it would be easier for the Court to see the Exhibit No., Description and Purpose but, for purposes of the Bar, this would not be practicable nor practical. All that is important is that the Offer contain the Exhibit Number, a description of the Exhibit and the Purpose of Offer.

Comment [FG99]: This is a common mistake for any legal document submitted by a private prosecutor. It is important to remember that the private prosecutor has no personality to do anything in a criminal case as everything is under the control and direction of the public prosecutor. Thus, every legal document must be signed by both the public prosecutor and the private prosecutor. Note that it would also be acceptable to have the Offer that is prepared by a private prosecutor signed by the public prosecutor to show his conformity thereto.

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Criminal Case No. 000011 - versus RECY DIVIST, Accused. x ------------------------------------------x COMMENT ON THE PROSECUTION S FORMAL OFFER OF EVIDENCE THE ACCUSED, by counsel, respectfully oppose the Prosecution s Offer of Evidence for the following reasons: 1. Exhibit A, the sworn statement of Alang Kaso, the private complainant, and Exhibit A-1, his signature are INADMISSIBLE because the private complainant was never presented to authenticate the document or subjected to cross-examination, thus, the document is hearsay and inadmissible. 2. Exhibit B, the post-dated check dated 30 June 2004, issued by the accused in the amount of One Million Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with notation DAIF ; Exhibit B-2, the signature of accused on face of the check are INADMISSIBLE for violation of the Best Evidence Rule as the original check was never presented; and no basis for the presentation of secondary evidence laid. ACCORDINGLY, the ACCUSED respectfully submits that the Prosecution s Exhibits are INADMISSIBLE and must, thus, be EXCLUDED. Quezon City; 7 July 2007. (Sgd.) MITCH MCDEERE Counsel for the Accused [Address] Copy furnished: ELLIOT NESS Public Prosecutor ATTICUS FINCH Private Prosecutor

Comment [FG100]: NOTE: The purpose of the offer is never objected to; rather it is the admissibility of the document that is objected to. The purpose of offer goes to weight of the document (unless of course, the objection is relevance, then purpose may properly be objected to as relevance also determines admissibility). Any objections to purpose should be made in the Memorandum and an appropriate reservation to do so may be stated in the Comment.

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PEOPLE OF THE PHILIPPINES, Plaintiff, - versus ANAKIN SKYWALKER, Accused. x ----------------------------------------x DEMURRER TO THE PROSECUTION S EVIDENCE THE ACCUSED, by counsel, it leave of court previously obtained, respectfully submits t is Demurrer to t e Prosecution s Evidence on t e ground t at t e prosecution as failed to adduce sufficient evidence of is guilt to overcome t e presumption of innocence and s ift t e burden of proof: 1. Under t e Constitution, t e accused is presumed to be innocen until proven guilty. The effect t of t is presumption is t at it entitles t e accused to not say anyt ing in is defense and places t e burden directly on t e prosecution to prove everyt ing relative to is guilt. Thus, t e prosecution must rely on t e strengt of its evidence and not ait for t e accused to offer any defense. It is only in t e event t at t e prosecution, after resting its case, as adduced sufficient evidence of guilt t at t e burden of proof s ifts to t e accused.
Comment [FG101]: A Demurrer may also be called a Motion to Acquit as the relief sought is acquittal. Comment [FG102]: There is a different rule in criminal procedure as regards a Motion for Leave to File A Demurrer. The Motion for Leave must be filed prior to the Demurrer. It is only when the Motion for Leave is granted that the Demurrer may be filed.

Criminal Case No. 007 For: Violation of PD 1866

2.1. The accused is c arged it violation of PD 1866; t e gravamen of t e offense is unaut orized possession of a firearm. Concretely, t is means t at t e prosecution must prove t at t e accused ad no legal aut ority to possess any firearm. 2.2. The prosecution as failed to s ow t at t e accused ad no license to carry a firearm. The proof of t e negative element is indispensable to proof of a violation of PD 1866. Wit out proof of t is negative element, t e crime is not proven. 3. Absent proof of t e negative element, i.e., absence of a license, t e offense is not proven. The accused is innocent; e must, t us, be acquitted. WHEREFORE, t e accused respectfully prays t at t e Information against im be DISMISSED and t at e be ACQUITTED of t e crime c arged. Quezon City; 13 April 2007. DARTH SIDIOUS Counsel for t e Accused [Address] PLUS: Request for and Notice of Hearing

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2. The prosecution burden of proof.

as failed to adduce sufficient evidence of guilt suc

as

ould s ift t e

Comment [FG103]: -NOTE: A Demurrer is essentially a Motion to Acquit. It is thus a litigious motion and should be set for hearing.

ANAKIN SKYWALKER, Plaintiff, Civil Case No. 000909 - versus PADME AMIDALA, Defendant. x ----------------------------------x DEMURRER TO THE EVIDENCE DEFENDANT, by counsel, it leave of court previously sought and ranted, respectfully submits t is Demurrer to t e Evidence because plaintiff as failed to prove entitlement to is claims by a preponderance of evidence: 1. This action seeks to collect a sum of money arising from a contract. 2. Plaintiff, after resting is case, as failed to: (a) prove t e aut enticity of t e contract, (b) t e extent of t e obli ation under t e contract, (c) t e demandability of t e obli ation under t e contract and (d) defendant s liability for t e obli ation and damages. 3. Consequently, plaintiff as failed to prove is claims by a preponderance of evidence and defendant is entitled to a dismissal of t e Complaint against er. WHEREFORE, defendant respectfully prays t at t e Complaint against er be DISMISSED. Quezon City; 13 April 2007. (Sgd.) OBI WAN KENOBI Counsel for Defendant [Address] PLUS: Request for and Notice of Hearing
Comment [FG104]: Note the difference in the rule between a civil demurrer and a demurrer in criminal cases insofar as effects of leave of court is concerned. A civil demurrer may be filed with or without leave of court but if the demurrer is granted and later reversed on appeal, the defendant loses the right to adduce evidence.

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REGIONAL TRIAL COURT Branch 71, Antipolo DAMI LUPA, Plaintiff, - versus ALANG LUPA, Defendant. x ----------------------- x NOTICE OF LIS PENDENS THE REGISTER OF DEEDS Antipolo City, Rizal Province Please take notice that a parcel of land covered by TCT No 1234 located in Antipolo, Rizal; registered in the name of defendant is the subject matter of an action for reconveyance of an undivided one-sixth portion thereof filed by DAMI LUPA, above-named plaintiff. Accordingly, please record this notice on the title. RESPECTFULLY SUBMITTED. Quezon City; 13 April 2007. (Sgd.) ATTICUS FINCH Counsel for Plaintiff [Address] Copy furnished: MITCH MCDEERE, Esq. Counsel for Defendant Civil Case No. 007 For: Reconveyance

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National Capital Judicial Region Branch 101, Quezon City ANAKIN SKYWALKER, Plaintiff, - versus PADME AMIDALA, Defendant. x --------------------------------x ENTRY OF APPEARANCE THE BRANCH CLERK OF COURT Regional Trial Court Branch 101, Quezon City Please enter the appearance of the undersigned as counsel for defendant Padme Amidala, with her express conformity as indicated below, in this case. Henceforth kindly address all pertinent notices to the undersigned at the address given below. RESPECTFULLY SUBMITTED. Quezon City; 13 April 2007. (Sgd.) OBI WAN KENOBI No. 1, Imzadi Place Tatooine, Pasig City WITH MY CONFORMITY: (Sgd.) PADME AMIDALA
Comment [FG107]: This is frequently overlooked but is actually the most important part of the Entry of Appearance as it indicates to the Court the authority given and the source of such authority.

Civil Case No. 1357 For: Legal Separation

Copy furnished: DARTH SIDIOUS

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ANAKIN SKYWALKER, Plaintiff, - versus PADME AMIDALA, Defendant. x --------------------------------x WITHDRAWAL OF APPEARANCE THE BRANCH CLERK OF COURT Regional Trial Court Branch 101, Quezon City Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN SKYWALKER, with his express conformity as indicated below, in this case. Henceforth kindly address all pertinent notices to plaintiff at his address given in the Complaint. RESPECTFULLY SUBMITTED. Quezon City; 7 July 2007. (Sgd.) MACE WINDU 1 Imperial Palace, Cloud City, Pasig City WITH MY CONFORMITY: (Sgd.) ANAKIN SKYWALKER Civil Case No. 1357 For: Legal Separation

2. Withdrawal as Counsel WITHOUT conformity of client (Caption) ANAKIN SKYWALKER, Plaintiff, - versus PADME AMIDALA, Defendant. x --------------------------------x WITHDRAWAL OF APPEARANCE THE BRANCH CLERK OF COURT Regional Trial Court Branch 101, Quezon City Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN SKYWALKER due to irreconcil ble professional differences ith pl intiff, for ich reason the express formity f pl intiff t be btained . Henceforth kindly address all pertinent notices to plaintiff at his address given in the Complaint. RESPECTFULLY SUBMITTED. Quezon City; 7 July 2007. (Sgd.) MACE WINDU 1 Imperial Palace, Cloud City, Pasig City Civil Case No. 1357 For: Legal Separation

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Comment [FG108]: NOTE: If the client gives express conformity, no reason for withdrawal needs to be given. However, if withdrawal is without conformity, the court may ask counsel to secure conformity. If withdrawal is due to fundamental and irreconcilable professional differences, then it must be stated so that the absence of conformity of the erstwhile client is justified.

ANAKIN SKYWALKER, Plaintiff, - versus PADME AMIDALA, Defendant. x --------------------------------x SUBSTITUTION OF COUNSEL THE UNDERSIGNED respectfully enters his appearance as counsel for defendant Padme Amidala in substitution of former counsel Darth Maul, as shown by her express conformity below. Henceforth, kindly address all pertinent notices to the undersigned at the address given below. RESPECTFULLY SUBMITTED. Quezon City; 7 July 2007. OBI WAN KENOBI Counsel for Defendant 2 Corruscant Place Tatooine Road, Pasig City WITH MY CONFORMITY: (Sgd.) PADME AMIDALA Civil Case No. 1357 For: Legal Separation

G. Notice of Appeal Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 1, Manila TALO NAN, Plaintiff, Civil Case No. 00222 - versus PANA LO, Defendant. x------------------------- x NOTICE OF APPEAL PLAINTIFF, by counsel, respectfully appeals to the Court of Appeals the Decision of this Honorable Court dated 6 July 2006, a copy of which he received on 16 July 2006, for being contrary to law and the evidence presented. Quezon City for Manila; 17 July 2006. (Sgd.) ATTICUS FINCH Counsel for Plaintiff [Address] Copy furnished: MITCH MCDEERE Counsel for Defendant

Comment [FG109]: 1975 Bar Question

Comment [FG110]: NOTE: The Notice of Appeal is filed with the trial court, not the appellate court.

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Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 191, Makati IN RE: PETITION FOR HABEAS CORPUS OF THE MINORS LUKE AND LEIA SKYWALKER SP No. 111334 PADME AMIDALA, Petitioner. ANAKIN SKYWALKER, Respondent. x ------------------------------------------x PETITION PETITIONER, by counsel, respectfully states that: 1. Petitioner is the mother of the minors Luke and Leia Skywalker, who were born out of the valid marriage between petitioner and respondent Anakin Skywalker. 2. The marriage failed and petitioner has been living separately from respondent since 2004. Sometime in February 2007, respondent, unknown to petitioner, abducted the minor children and has kept them incommunicado and out of petitioner s reach. 3. Being below seven (7) years of age, custody of the minors is naturally presumed to belong to petitioner, as their mother. Consequently, respondent s refusal to allow petitioner to regain custody over the minors is unlawful and unjustified. WHEREFORE, petitioner respectfully prays that a writ of habeas corpus issue directing respondent to make a return showing his legal authority to detain the minor children, subject of this petition, and thereafter, present the minor children personally before the Court on a date and time it chooses. Quezon City; 7 July 2007. OBI WAN KENOBI Counsel for Petitioner [Address] PLUS: Verification and Certification against Forum Shopping

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SP No. 111334 DARTH VADER and PADME AMIDALA, Petitioners. x ------------------------------------------x PETITION PETITIONERS, by counsel, respectfully state that: 1. Petitioners are husband and wife, both of legal age, and residents of __________. 2. They have no legitimate children of their own and desire to jointly adopt a minor named ANAKIN SKYWALKER, 10 years old, the legitimate child of _________________. 3. The parents of the minor are not insane, intemperate and are in full possession of civil capacity; they have not abandoned the minor child. With full knowledge of petitioners intention, they have expressly given their written consent to the adoption, as shown by their statement, a co of which py is attached as ANNEX A. 4. Petitioners are qualified to adopt the minor and are financially capable of supporting the minor; they are also morally qualified to bring up and educate the said minor. WHEREFORE, it is respectfully prayed that judgment be rendered in petitioners favor adjudging the minor child ANAKIN SKYWALKER freed from all legal obligations of obedience and maintenance with respect to his/her natural parents and that he/she be declared to all legal intents and purposes, the c ild h of herein petitioners and that his/her surname be changed to that of petitioners. Quezon City; 7 July 2007. (Sgd.) MASTER YODA [Address] PLUS: Verification and Certification against Forum Shopping

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PETITIONER, by counsel, respectfully states that: 1. Petitioner is a Filipino citizen, of legal age and married to respondent. For purposes of this petition, she may be served with notices and other pertinent processes through counsel at [address of counsel]. 2. Respondent is a Filipino citizen, of legal age, currently employed at [state employer] and married to petitioner. He may be served with summons and other pertinent orders and proc sses of this e Court at [state address] 3. Petitioner and respondent were married on [date] and out of this marriage, they have [state number of children, respective ages]. A copy of the Marriage Contract executed by petitioner and respondent is attached as ANNEX A; a copy each of the birth certificates of the minor children is attached as ANNEX B, C and D, respectively. 4. Petitioner and respondent are currently separated in fact and have been so since May 2001. The reason for the continuing separation in fact is the breakdown of the marriage due to both petitioner s and respondent s mutual psychological incapacity to fulfill and discharge their respective marital obligations to each other, which existed at the time of the marriage in 19 but manifested itself well into 98 the marriage 5. The mutual psychological incapacity of the parties to remain married to each other appears to be incurable; prior to this resort, the parties had attempted formal and informal counseling sessions all of which proved unproductive as respondent proved resistant and, at times, even hostile to these efforts. 6. In compliance with jurisdictional requirements, petitioner submitted herself to a psychological and clinical assessment by a trained professional, Clinical Psychologist [state name]. Despite several attempts, respondent refuses to agree to any sober and productive discussion with petitioner and is always highly emotional and angry, it was, thus, impracticable to secure a psychological report and profile of respondent; should this become material, petitioner reserves the right to request respondent to submit to a psychological examination for purposes of confirming the mutual psychological incapacity to remain married to each other. 7. Petitioner s psychological incapacity is described in clinical terms as being consistent with a V61.1 Partner Relational Problem and is said to have Masochistic Personality Disorder or 301.9 Personality Disorder Not Otherwise Specified ; on the other hand, the assessment given by the psychologist of respondent s psychological make -up is that he has a 301.20 Schizoid Personality Disorder with narcissistic features which is described as grave, incurable and has antecedents. The psychological make-up of petitioner and respondent is explained in greater detail in the Clinical Assessment Report ( Report ) dated 28 December 2006, a copy of which is attached as ANNEX E. 8. Their minor children are in petitioner s custody and are being supported by her financially and emotionally. 9. Petitioner submits that, despite the parties mutual psychological incapacity to remain married to each other, the interests of the children are best served by having them remain in her custody, with visitation rights extended to respondent. All of the children are minors and, under the law, children under seven (7) years of age shall not be separated from the mother, save for exceptional circumstances which do not exist in this case. 10. Petitioner cannot, however, provide for all the financial needs of the children as she is only earning a limited amount of money from her work whereas respondent is gainfully employed and earns more than enough for his own personal needs. Petitioner earns only (state amount) from her work as shown by her payslip attached as ANNEX F whereas respondent earns (state amount) from his work as shown by his payslip attached as ANNEX G. The common property of petitioner and respondent is insufficient for the support of the children. Respondent must, thus, be dir cted to give support to his e children in the amount of (state amount). WHEREFORE, petitioner respectfully prays that PROVISIONAL ORDERS for child custody and child support be issued giving to petitioner custody pendente lite over their minor children and directing respondent to give monthly support in the amount of (state amount), subject to any adjustments that may be made based on changing earning capacity as well as needs.

2003, the ff. provisional orders may be applied for upon filing of a petition for declaration of nullity of marriage: a) spousal support [ 2] b) child support [ 3] c) child custody [ 4] d) visitation rights [ 5] e) hold departure orders [ 6] f) order of protection [ 7] g) admin of common property [ 8]

Comment [FG113]: NOTE: It may be psychological incapacity only on the part of one party so the allegations may be tailored to address that situation.

Comment [FG114]: Under the Rule on Provisional Orders , child custody may be sought in a petition for declaration of nullity where the court considers the best interests of the child as paramount; provisional custody may be awarded to the following based on the order of preference: 1) to both parents jointly 2) to either parent taking into account all relevant considerations, esp. the choice of the child 3) to the surviving grandparent, or if there are several of them, to the grandparent chosen by the child above 7 years of age unless the grandparent chosen is unfit or disqualified 4) to the eldest brother or sister over 21 years of age unless unfit or disqualified 5) to the actual custodian over 21 years of age unless unfit or disqualified, or 6) to any other person deemed by the court suitable to provide proper care and guidance. 4. Comment [FG115]: Under the Rule on Provisional Orders , child support may also be sought. It must first be taken from the properties of the absolute community or the conjugal partnership. In the discretion of the court, either parent or both may be ordered to give an amount necessary for support, maintenance and education of the child in proportion to the resources or means of the giver and to the needs of the recipient. Thus, the earning capacity of the parent and the amount needed for support must be alleged.

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[1] Declaring the marriage between petitioner and respondent a nullity and, by this token, ordering the dissolution of the conjugal partnership of gains; and [2] Awarding permanent custody of the children to petitioner, with express acknowledgement of respondent s visitation rights; [3] Awarding support in the amount of (state amount) subject to adjustments to be made depending on changes in earning capacity and needs of the children. All other just and equitable reliefs are also prayed for. Quezon City; 7 July 2007. (Sgd.) ATTICUS FINCH Counsel for the Petitioner [Address] PLUS: Verification and Certification against Forum Shopping

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REGIONAL TRIAL COURT Branch 30, San Juan RE: PROBATE OF THE HOLOGRAPHIC WILL OF PABLING SIA., SP PROC. No. 0023 PALING KERA, Petitioner, x ------------------------------------x PETITION PETITIONER, by counsel, respectfully states that: 1. Petitioner is a Filipino citizen and the widow of the deceased. 2. On 16 August 2006, PABLING SIA died, having previously executed a holographic will in his own handwriting and in a language known to him. A copy of the will is attached as ANNEX A. The handwriting may be attested to as his by his secretary of long standing, TOM CRUZ. 2. The deceased left a house and lot located at No. 555, Tuna Road, Marinara Subdivision, Quezon City and cash amounting to Fifty Thousand Pesos (P50,000); he had no debts. 3. The deceased s only heirs are herein petitioner and their son, PABLING SIA JR., both of whom are residing at No. 555, Tuna Road, Marinara Subdivision, Quezon City. WHEREFORE, it is respectfully prayed that after due notice and publication this Honorable Court fix the date for the probate of the holographic will and that letters of administration be issued in favor of the herein petitioner and thereafter adjudicate the properties of the deceased in accordance with the said holographic will. Quezon City; 7 July 2007. (Sgd.) MITCH MCDEERE Counsel for the Petitioner [Address] PLUS: Verification and Certification against Forum Shopping

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KNOW ALL MEN BY THESE PRESENTS: I, OBI WAN KENOBI, of legal age, and resident of Tatooine, do hereby name, constitute and appoint PADME AMIDALA, of legal age, and resident of Naboo, to be my true and lawful Attorney -in-Fact and in my name, place and stead, do perform the following specific act(s): (Specify the particular act/s to be performed) Giving and granting unto said attorney-in-fact power and authority to do every act necessary and required in connection with these presents, and hereby ratifying and confirming all that she may do by virtue of these presents. IN WITNESS WHEREOF, I have signed this Special Power of Attorney this 7 July 2007 at Tatooine. (Sgd.) OBI WAN KENOBI Principal SIGNED IN THE PRESENCE OF: (Sgd.) R2D2 (Sgd.) C3PO Acknowledgment

B. General Power of Attorney GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: I, OBI WAN KENOBI, of legal age, and resident of Tatooine, do hereby name, constitute and appoint PADME AMIDALA to be my true and lawful attorney-in-fact, for me and in my name, place and stead, to do and perform the following acts, to wit: (Specify general acts that Attorney-in-Fact may do) Giving and granting unto my said Attorney-in-Fact full power and authority necessary and required to carry out the acts as fully to all intents and purposes as I might do or lawfully do if personally present, with power of substitution and revocation, and hereby ratifying and confirming all that my said attorney-in-fact or his substitute shall lawfully do or cause to be done under and by virtue of these presents. IN WITNESS WHEREOF, I have signed this instrument this 7 July 2007 at Tatooine. (Sgd.) OBI WAN KENOBI Principal SIGNED IN THE PRESENCE OF: (Sgd.) R2D2 (Sgd.) C3PO Acknowledgment

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KNOW ALL MEN BY THESE PRESENTS: This Agreement made and entered into at Makati this 7th day of July 2007 by and between DAMI BAHAY, of legal age, married to ASA WA, (LESSOR) and resident of Makati City, and ALANG BAHAY, of legal age, single and resident of Quezon City (LESSEE), WITNESSETH that: 1. In consideration of a monthly rental of FIVE THOUSAND PESOS (P5,000.00) and the covenants made below, the LESSOR hereby LEASES to the LESSEE an apartment located at 199 San Antonio Village, Makati City covered by Tax Declaration No. 001 (Makati City Assessor s Office) for a period of TWELVE (12) MONTHS from signing of this contract. 2. The LESSEE covenants, as follows: 2.1. To pay the rentals on or before the fifth day of each month, without need of demand at the residence of LESSOR; 2.2. To keep the premises in good and habitable condition, making the necessary repairs and painting inside and outside the house; 2.3. Not to make major alterations and improvements without the written consent of the LESSOR and in the event of such unauthorized major alterations and improvements, surrendering ownership over such imp rovements and alterations to the LESSOR upon expiration of this lease; IN WITNESS WHEREOF, the parties have signed this contract on the date and the place first mentioned. DAMI BAHAY Lessor ANG BAHAY Lessee

With my consent: ASA WA Acknowledgment BEFORE ME, a Notary Public for Makati City, personally appeared on the 7th of July 2007, the following persons, with their respective CTC details indicated below: DAMI BAHAY ALANG BAHAY CTC No. ____________ issued at/on CTC No. ____________ issued at/on

known to me to be the same persons who executed the foregoing instrument, denominated as a Contract of Lease consisting of __ pages, signed on each and every page by the parties and their instrumental witnesses, having acknowledged the same before me as their own free and voluntary act and deed. TO THE TRUTH OF THE FOREGOING, witness now my hand and seal on the date and place mentioned above. N.O. TARIO Until December 31, 2007 PTR No. 0000111/1/05/99, Makati City Doc. No. Page No. Book No. Series of 2007.

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I hereby execute this holographic will, in my handwriting and in the English language which I know how to read and write, bequeathing my house and lot located at No. 555, Tuna Road, Marnara i Subdivision, Quezon City to my son, PABLING SIA JR., and cash amounting to Fifty Thousand Pesos (P50,000) to my spouse, PALING KERA. (Sgd.) PABLING SIA SR. E. Notarial Will LAST WILL AND TESTAMENT of PABLING SIA, SR. KNOW ALL MEN BY THESE PRESENTS: I, PABLING SIA, SR., of legal age, married to PALING KERA, a native of Lipa City, Batangas, now actually residing at San Juan, Metro Manila, being of sound and disposing mind and memory, and not acting under influence, violence, fraud or intimidation of whatever kind, declare this to be my Last Will and Testament which I have caused to be written in English, the language which is known to me. And I hereby declare that: I. The following are my children and their addresses; (Name of children and addresses) II. I give and bequeath to my children __________, __________, and __________, in equal shares, the following properties, real and personal, whatsoever and wheresoever located: (Description of property) III. I designate _______________ as the sole executor of this Last Will and Testament.
Comment [FG120]: 1979, 1983 and 2004 Bar Exams

IN WITNESS WHEREOF, I have set my hand this 7th day of July 2007 in San Juan, Metro Manila. (Sgd.) PABLING SIA, SR.

57

WE, the undersigned 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 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 and every page thereof, on the left margin, in the presence of the testator and in the presence of each other. SAKSI 1 SAKSI 2 SAKSI 3 G. Acknowledgment of a Notarial Will JOINT ACKNOWLEDGMENT BEFORE ME, Notary Public for and I the City of San Juan, Philippines, this 7th day of July, 2007, personally appeared: PABLING SIA, SR. (Testator), with Valid Identification Document _______ issued by (official agency), on 6 July 2006; SAKSI 1 (Witness), with Valid Identification Document _______ issued by (official agency), on 6 July 2006; SAKSI 2 (Witness), with Valid Identification Document _______ issued by (official agency), on 6 July 2006; SAKSI 1 (Witness), with Valid Identification Document _______ issued by (official agency), on 6 July 2006; all known to me to be the same persons who signed the foregoing Will, the first as testator and the last three as instrumental witnesses, and they respectively acknowledged to me that they signed the same as their own free act and deed. This Will consists of ___ pages, including the page in which this acknowledgmentis written, and has been signed on the left margin of each and every page thereof by the testator and his witnesses and has been sealed with my Notarial seal. IN WITNESS WHEREOF, I have set my hand the day, year and place written. (Sgd.) N. O. TARIO Notary Public Until __________________ PTR No. _______________ Issued at ______________ On ___________________ Doc. No. Page No. Book No. Series of 2007. Residence Residence Residence

Comment [FG122]: There must be at least 3 instrumental witnesses.

58

KNOW ALL MEN BY THESE PRESENTS: This Deed of Donation, made and executed by LALIM BULSA, of legal age, single/married, and resident of _______________ ( Donor ) in favor of DAMI UTANG, of legal age, single/married and resident of _________________ ( DONEE ) WITNESSETH: That the DONOR is the owner of that certain real property with the buildings and improvements thereon, situated in _________________, and more particularly described in Original/Transfer Certificate of Title No. ____ of the land registry of _____________, as follows: (Copy description of property in title) That for and in consideration of the love and affection which the DONOR has for the DONEE, the said DONOR, by these presents, transfers and conveys, by way of donation, unto said DONEE, his/her heirs and assigns, the above described real proper with all the buildings and improvements thereon, ty free from all liens and encumbrances; That the DONOR does hereby state, for the purpose of giving full effect to this donation, that he/she has reserved for himself/herself in full ownership sufficient property to support him/her in a manner appropriate to his/her needs; That the DONEE does hereby accept this donation of the above-described property, and does hereby express gratitude for the kindness and liberality of the DONOR. IN WITNESS WHEREOF, the DONOR and the DONEE have signed this deed on 7 July 2007 and at Quezon City, Philippines. LALIM BULSA Donor ACCEPTED: DAMI UTANG Donee SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.)MIRON 2 PLUS: Acknowledgment

59

I, GEORDI LA FORGE, ( Nominee ), of legal age, and with office address at __________, hereby acknowledge my status as nominee for WILLIAM RIKER ( the Principal ) for the purpose of holding title to ___ shares of stock in the Enterprise Holdings Inc. ( the Corporation ). As nominee, I hereby unequivocally confirm that the Principal is the exclusive and absolute owner of the subject shares. Accordingly, the relationship between the principal and the nominee with respect to the subject shares is governed by the following terms and conditions: 1. All dividends, whether cash, stock or property, rights and other privileges, accruing on the subject share shall be for the account and benefit of the principal; accordingly, the nominee shall deliver the same to the principal and whoever the latter may designate. 2. Director s fees and other amounts received by way of compensation for services rendered by the nominee shall be for the account and benefit of the nominee. 3. The principal shall save the nominee free and harmless from any liability, whether for unpaid subscriptions, taxes or otherwise, that may arise as a result of the nominee s holding title to the subject shares for and on behalf of the principal. 4. The nominee hereby assigns, transfers, and conveys the subject shares to the principal free from all liens and encumbrances and hereby undertakes to execute the necessary instruments to transfer title over the subject shares to the principal or to whoever the latter may designate. 5. This acknowledgment of nominee status shall bind the nominee s heirs, executors, administrators and other successors-in-interest. Done this 7th day of July 2007 at Quezon City. GEORDI LA FORGE Nominee WITH MY CONFORMITY: WILLIAM RIKER Principal WITNESSES: (Sgd.) UZI 1 (Sgd.) UZI 2 PLUS: Acknowledgment

60

I, DEANNA TROI, of legal age, with office address at __________________, on the basis of the corporate records, do hereby certify that under oath that: 1. I am the Corporate Secretary of ENTERPRISE HOLDINGS INC. ( corporation ), a corporation duly organized and existing under Philippine laws, with the same office address given above. 2. At a meeting of the Board of Directors of the corporation held on ___________, at which meeting a quorum was present and obtained throughout, the following resolution(s) was (were) unanimously approved and adopted: RESOLVED, that ................... 3. The foregoing resolution has not been revoked, amended or in any manner modified and accordingly, the same may be relied upon until a written notice to the contrary is issued by the corporation. IN WITNESS WHEREOF, I have set my hand to this certification on ____ at ______________. DEANNA TROI Corporate Secretary ATTESTED: JEAN-LUC PICARD President PLUS: Jurat K. Board Resolutions 1. Authority to Act Board Resolution No. ___ RESOLVED, that Mr. Jean-Luc Picard, as Chairperson and Chief Executive Officer of Enterprise Holdings be authorized, as he is hereby authorized, to enter into any and all transactions with the representatives of the Ferengi Trade Federation, as may prove to be beneficial to the corporation in his own opinion and determination. Approved and adopted this 7th day of July, 2007 at Makati City, Philippines. (Name of Directors) 2. Increase in number of directors and necessary amendment to the Articles of Incorporation Board Resolution No. ___ RESOLVED, by a vote of stockholders representing more than 2/3 of the subscribed and paid up capital stock, to INCREASE the number of Directors of the Corporation from five (5) to seven (7) and to AMEND the Articles of Incorporation to reflect this increase. Approved and adopted this 7th day of July, 2007 at Makati City, Philippines. (Name of Directors)
Comment [FG123]: Sometimes, it may be necessary to specify whether the meeting was a special or general meeting.

Comment [FG124]: 1987 Bar Question

61

KNOW ALL MEN BY THESE PRESENTS: I, DAMI SHARES, of legal age, Filipino and resident of ________________, for and in consideration of the sum of ____________________ Pesos (P_____), receipt of which is hereby acknowledged do hereby assign, cede, transfer and convey unto DAMI LUPA, likewise of legal age, and resident of ______________, all his/her rights, title, ownership and interest over its subscription to One Hundred Thousand (100,000) shares of the capital stock of _________ Corporation, including advances due from said corporation. It is, however, understood that the assignee shall assume any and all unpaid subscription on the said shares. The assignor hereby irrevocably constitute, name and appoint the assignee to be his/her true and lawful attorney-in-fact to make representations with the corporate secretary and to cause the annotation of this assignment in the books of the corporation. IN WITNESS WHEREOF, the assignor has signed this deed on 7th day of July, 2007 at the City of Manila. DAMI SHARES Assignor SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.) MIRON 2 PLUS: Acknowledgment

62

DEED OF ABSOLUTE SALE KNOW ALL MEN BY THESE PRESENTS: I, MA YA MAN, Filipino, single, and resident of _________________________, for and in consideration of the amount of _______________________ paid to me today by MA GU LANG, Filipino, , single and resident of ________________ do hereby SELL, TRANSFER and CONVEY absolute and unconditionally unto said MA GU LANG that certain parcel(s) of land, together with the buildings and improvements thereon situated in the City of Makati, and more particularly described as follows: (Technical Description of property/ies; specify metes and bounds of the property/ies with approximate area thereof, as indicated on the face of the title) of which I am the registered owner in fee simple, my title thereto being evidenced by Transfer (or Original) Certificate of Title No. ______, issued by the Register of Deeds of Makati City. It is hereby mutually agreed that the vendee shall bear all expenses for the execution a nd registration of this deed of sale. IN WITNESS WHEREOF, I have signed this deed this 7th day of July, 2007 at Makati City. MA YA MAN Vendor [Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor is married, then add the following:] With my consent: ASA WA Vendor s Wife SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.) MIRON 2 PLUS: Acknowledgment

63

DEED OF ABSOLUTE SALE KNOW ALL MEN BY THESE PRESENTS: I, MA YA MAN, Filipino, single, and resident of _________________________, for and in consideration of the amount of __________, paid to me today by MA GU LANG, Filipino, single and resident of _______________________ do hereby SELL, TRANSFER and CONVEY absolutely and unconditionally unto said MA GU LANG that certain parcel(s) of land, together with the buildings and improvements thereon situated in the City of Makati, and more particularly described as follows: (Description: state the nature of each piece of land and its improvements, situations and boundaries, area in square meters, whether or not the boundaries are visible on the land by means of monuments or otherwise; and if they are, what they consist of, the permanent improvements, if any, the page number of the assessment of each property for current year or years when registration is made, the assessed value of the property for the year) It is hereby declared that the boundaries of the foregoing land are visible by means of _______________; that the permanent improvements existing thereon consist of _________ (if none, state so); that the land is assessed for the current year at P______________ as per Tax Declaration No. __________, and the buildings and/or improvements , at P____________ as per Tax Declaration No. _________, of the City Assessor of Makati. The above described real estate, not having been registered under Act No. 496 nor under the Spanish Mortgage Law, the parties hereto have agreed to register this instrument under the provisions of Sec. 194 of the Revised Administrative Code, as amended. IN WITNESS WHEREOF, I have signed this deed this 7th day of July, 2007 at Makati City. MA YA MAN Vendor [Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor is married, then add the following:] With my consent: ASA WA Vendor s Wife SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.) MIRON 2 PLUS: Acknowledgment

64

DEED OF SALE WITH PACTO DE RETRO This Deed of Sale with Pacto de Retro made and executed by and between: MA YA MAN, Filipino, of legal age, married to ASA WA, with residence at ___________________ (VENDOR), - and MA GU LANG, Filipino, of legal age, married to BA TAPA, with residence at ____________ (VENDEE); WITNESSETH: That The VENDOR is the absolute owner of a certain parcel of land with all the buildings and improvements thereon, situated in the City of Makati, and more particularly described, as follows: (Copy technical description in TCT/OCT) his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the Register of Deeds of Makati; The VENDOR, for and in consideration of the amount of _________________ Pesos (P_____), to him paid by VENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONVEY under pacto de retro unto the said VENDEE, his heirs and assigns, the property with all the buildings and improvements thereon, free from all liens and encumbrances whatsoever; The VENDOR, in executing this conveyance, hereby reserves the right to REPURCHASE, and the VENDEE, in accepting the same, hereby obligates himself to RESELL the property herein conveyed within a period of ____ years from date of this deed for the same price of ______________ (P____); Provided, however, that if the VENDOR shall fail to exercise his right to repurchase as herein granted within the period provided, then this conveyance shall become absolute and irrevocable, without need of a new Deed of Absolute Sale, subject to the requirements of law regarding consolidation of ownership of real property. IN WITNESS WHEREOF, I have signed this deed this 7th day of July, 2007 at Makati City. MA YA MAN Vendor With my marital consent: ASA WA MA GU LANG Vendee With my marital consent: BA TAPA

SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.) MIRON 2 PLUS: Acknowledgment

65

DEED OF RESALE KNOW ALL MEN BY THESE PRESENTS: I, MA GU LANG, Filipino, married, of legal age, and resident of _______________, for and in consideration of _______________ Pesos (P____), to me paid by MA YA MAN, Filipino, of legal age, married and resident of ___________________, do hereby RESELL, RETRANSFER and RECONVEY unto said MA YA MAN that certain parcel of land, with all the buildings and imp rovements thereon, situated at Makati City, and more particularly described, as follows: (Copy technical description in title) covered by Transfer (or Original) Certificate of Title No. ____ of the Registry of Deeds of Makati, and which property was previously sold to under pacto de retro by the said MA YA MAN on _____________, executed before Notary Public __________ and bearing Notarial Registration No. ___, Page No. ____, Book No. ____ and Series of 20__ of his Notarial Register, a copy of which is attached as ANNEX A. IN WITNESS WHEREOF, I have signed this deed this 7th of July, 2007 at Makati City. MA GU LANG Vendor [Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor is married, then add the following:] With my consent: BA TAPA Vendor s Wife SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.) MIRON 2 PLUS: Acknowledgment

66

DEED OF SALE WITH MORTGAGE This Deed of Sale with Pacto de Retro made and executed by and between: MA YA MAN, Filipino, of legal age, married to ASA WA, with residence at ___________________ (VENDOR-MORTGAGEE), - and MA GU LANG, Filipino, of legal age, married to BA TAPA, with resid ence at ____________ (VENDEE-MORTGAGOR); WITNESSETH: That The VENDOR-MORTGAGEE is the absolute owner of a certain parcel of land with all the buildings and improvements thereon, situated in the City of Makati, and more particularly described, as follows: (Copy technical description in TCT/OCT) his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the Register of Deeds of Makati; The VENDOR, for and in consideration of the amount of _________________ Pesos (P____ to _), him paid by VENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONVEY unto the said VENDEE, his heirs and assigns, the property with all the buildings and improvements thereon, free from all liens and encumbrances whatsoever; It is hereby agreed and stipulated that the UNPAID BALANCE OF ____________ Pesos (P____), of which amount _________________Pesos (P_____) shall be paid by the VENDEE-MORTGAGOR to the VENDOR-MORTGAGEE at the latter s residence, as follows: (State manner of payment) In order to guarantee the fulfillment of the above obligations, the VENDEE -MORTGAGOR does hereby MORTGAGE unto the said VENDOR-MORTGAGEE, his heirs and assigns, the property described, together with all the buildings and improvements thereon, under the express stipulation that if the said VENDEE-MORTGAGOR shall pay or cause to be paid unto the VENDOR-MORTGAGEE the obligations, then this Mortgage shall be of no further force and effect; otherwise, the same shall remain in full force and effect and shall be enforceable in the manner prescribed by law. IN WITNESS WHEREOF, I have signed this deed this 7th day of July, 2007 at Makati City. MA YA MAN Vendor With my consent: ASA WA Vendor s Wife MA GU LANG Vendee With my consent: BA TAPA Vendee s Wife

SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.) MIRON 2 PLUS: Acknowledgment

67

KNOW ALL MEN BY THESE PRESENTS: This Deed of Assignment, made and executed by and between DAMI UTANG, Filipino, of legal age, married to ALANG MALAY, with residence at _____________ (ASSIGNOR) and DAMI LUPA, Filipino, of legal age, married to BIL MOKO, with residence at _______________ (ASSIGNEE), WITNESSETH: That the ASSIGNOR is indebted to the ASSIGNEE in the sum of ___________ Pesos (P______) and in full payment and complete satisfaction thereof hereby assign, transfer and convey unto the ASSIGNEE that certain real estate with all the buildings and improvements thereon, situated in ___________, and more particularly described as follows: (Description of property assigned) of which real estate the ASSIGNOR is the registered owner, his title thereto being evidenced by Transfer (or Original) Certificate of Title No. ____________ of the Register of Deeds of _____________. That the ASSIGNEE does hereby accept this assignment in full payment of the above -mentioned debt of ______________ Pesos (P_________). IN WITNESS WHEREOF, the parties have signed this Deed on 7 July 2007 at Makati City. DAMI UTANG Assignor With my marital consent: ALANG MALAY Assignor s Wife PLUS: Acknowledgment BIL MOKO Assignee s Wife DAMI LUPA Assignee

68

CHATTEL MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That I, DAMI KOTSE, of legal age, married and resident of Makati, for and in consideration of the loan of FIVE HUNDRED THOUSAND PESOS (P500,000.00), granted to me by YAMAN NYA, also of legal age, married and resident of Makati, to be paid one (1) year from date hereof, have transferred and conveyed by way of chattel mortgage unto said YAMAN NYA, his heirs, successors and assigns, free from all liens and encumbrances that certain motor vehicle, at present in my possession at my address, more particularly described as: Model/Make No./Color Chassis No. Engine No. : BMW 738i (1998), racing green; : 00000001111; : 00000001111;

of which I am the true and absolute owner by title thereto, being evidence by Registration Certificate of d Motor Vehicle No. ______ issued in my name by the Land Transportation Office on __________________. This chattel mortgage has been executed in order to secure the full and faithful payment of my obligation to YAMAN NYA in accordance with the terms and conditions of this instrument; Upon payment, this contract shall become null and void; otherwise, it shall continue in full force and effect and may be foreclosed in accordance with law. IN WITNESS WHEREOF, I have signed this instrument on 7 July 2007 at Makati City. DAMI KOTSE Affidavit of Good Faith We severally swear that DAMI KOTSE, mortgagor, and YAMAN NYA, mortgagee, have executed the foregoing Chattel Mortgage in order to guarantee as good and binding the obligations mentioned above and is not intended to defraud creditors. YAMAN NYA Signed in the presence of: UZI 1 PLUS: Acknowledgment UZI 2 DAMI KOTSE
Comment [FG127]: Please attach this particularly to a chattel mortgage.

69

a. from MTC (in original jurisdiction) to RTC (in appellate jurisdiction) Checklist: y 15 days from notice of judgment or final order y Notice of Appeal (Rule 40, Sec. 3) o Parties o Judgment or final order appealed from o Material dates showing timeliness of appeal y Proof of payment of appellate court docket and other lawful fees (Rule 40, Sec. 4) y Memorandum for Appellant and Appellee (Rule 40, Sec. 7) b. From RTC (in original jurisdiction) to CA Checklist: y 15 days from notice of judgment or final order y Notice of Appeal y Brief for Appellant o Subject Index of the matter in brief o Assignment of Errors o Statement of the Case o Statement of the Facts o Statement of the Issues o Argument o Relief o Copy of judgment or final order appealed from y Brief for Appellee (same as Brief for Appellant, except copy of judgment) y Appellant s Reply Brief y Memorandum (in special cases) o Statement of the Case o Statement of the Facts o Statement of the Issues o Argument o Relief

Comment [FG129]: Rule 40

Comment [FG130]: Rule 41

2. in criminal cases a. From MTC (as trial court) to RTC (in appellate jurisdiction) Checklist: y 15 days from notice of judgment or final order y Notice of Appeal y Appellant s Brief/Memorandum y Appellee s Brief/Memorandum b. From RTC (as trial court) to CA Checklist: y 15 days from notice of judgment or final order y Notice of Appeal y Appellant s Brief/Memorandum y Appellee s Brief/Memorandum c. From RTC (as trial court) to SC Checklist: y 15 days from notice of judgment or final order y Notice of Appeal y Appellant s Brief/Memorandum y Appellee s Brief/Memorandum

Comment [FG131]: Rule 122, sec. 1(a)

Comment [FG132]: Rule 122, sec. 1(b), sec. 3(a)

Comment [FG133]: Rule 122, sec. 3(c); the ONLY instance when an ordinary appeal from the RTC is with the Supreme Court and where resort is made by simple notice of appeal; the only ground is where the penalty imposed is reclusion perpetua or life imprisonment or where a lesser penalty is imposed but involving offenses committed on the same occasion or arising out of the same occurrence that gave rise to the more serious offense for which the penalty of death or life imprisonment/reclusion perpetua is imposed.

70

y y y y y y y y

extension of 15 days only Full names of petitioner and respondent Statement of Material Dates Statement of Material Averments Statement of Issues, Errors of Fact or Law Argument Verification and Certification against Forum Shopping Attachments o Certified true copy or duplicate original copy of judgment/final order questioned o Clear and legible copy of all pleadings and other material portions of the record y Proof of Service and Explanation for Service by Registered Mail (if applicable)

Comment [FG136]: Rule 42, sec. 1; Rule 43, sec. 4

Comment [FG137]: Rule 13, section 13

2. From RTC (on pure questions of law) or CA (in appellate jurisdiction) to SC Checklist: y 15 days from notice of judgment or final order y extension of 30 days y Names of petitioner and respondent ( it out impleading t e lower court/judge/justice) y Statement of Material Dates y Material Allegations, Reasons or Arguments for allowance of petition y Verification and Certification against Forum Shopping y Attachments o Certified true copy or duplicate original copy of judgment/final order questioned o Clear and legible copy of all pleadings and other material portions of the record y Proof of Service and Explanation for Service by Registered Mail (if applicable)

Comment [FG138]: See also Rule 122, sec. 1(b); Rule 45, sec. 4 Comment [FG139]: Rule 45, sec. 2

71

Comment [FG140]: Rule 13, section 13

- versus -

Name of Public Official/Employee Or Private Individual or Entity, Respondent/s. X ----------------------------------------X

PETITION

Comment [LR143]: The petition may be iled by: 1. The I T , or 2. ny Q I I or TIT in the . ( elators): a. Immediate amily member, namely: (1) pouse (2) hildren or (3) arents b. scendant, descendant, or collateral relative o the ithin the 4th civil degree o consanguinity or a inity, in de ault o (a) c. In de ault o (a) and (b), any o the : (1) concerned citizen (2) concerned organization or association (3) concerned institution ( ec. 2, mparo) * iling by precludes the iling by any o the other entities or persons; the iling by an authorized suspends the right o all party on behal o the others (Id.) * While not provided expressly, i the etition is iled by any o the relators, a statement must be made that the did not, or could not ile the etition.

PETITIONER, by counsel, respectfully states that: [B] PARTIES 1. Petitioner/Relator is . . . 1.1. relator to victim) 1.2. Security of Person or 1.3. 1.4. Personal/Professional Circumstances Relevant (if by Relator, state relationship of Factual Statements Relevant to Grounds (Violation of Right to Life, Liberty and Threat thereof) Contact Details Other Relevant Details

2. Respondent/s is/are . . . 2.1. Personal/Professional Circumstances Relevant 2.2. Contact Details 2.3. Other Relevant Details [C] BODY 3. Statement of Facts 3.1. Chronology of Events Relevant to the right violated (e.g., enforced disappearance or extrajudicial killing) 3.2. Statement as to Judicial Affidavits (if any) of witnesses 3.3. Statement as to efforts exerted to vindicate the right/s and results of such efforts 4. Statement of Material Facts Relevant to Interim Reliefs (if any) a. b. c. d. Temporary Protection Order Inspection Order Production Order Witness Protection Order

Comment [LR144]: The etition must allege the : 1. ersonal circumstances o petitioner and respondent/s 2.The right sub ect o the etition and the act/s allegedly violative o said right/s 3. ny investigation conducted speci ying names, personal circumstances and addresses o the investigating authority or individuals as ell as the manner and conduct o the investigation, together ith any report ... [1] Comment [LR145]: Sec. 14, mparo provides or our interim relie s that may be iled by veri ied motion or given motu propio. These are T , I , and W . Comment [LR146]: acts that must be stated here must pertain to the need to protect petitioner, i s/he is the or immediate amily members, in an accredited private institution or government agency. (Sec. 14a, mparo) Comment [LR147]: ourt may order any person in possession or control o a designated land or other property to permit entry or the purpose o inspection, measurement, or photographing o the property or any relevant ob ect or operation thereon. The application o I must state in detail the place/s to be inspected and must be supported by a idavits or testimonies o itnesses having personal ... [2] Comment [LR148]: PO may require any person in custody o documents, papers, books o accounts or ob ects in digitized or electronic orm hich constitute evidence relevant to the petition or return to produce and permit the inspection, copying or photographing by or on behal o the movant. (Sec. 14c, mparo) Similar to an IO, the PO may also be availed o by the respondent (Sec. 15, mparo) Comment [LR149]: WPO may re er itnesses to the WPP or to other government agencies or to accredited persons or private institutions. (Sec. 14d, mparo)

5. Statement of Material Facts Relevant to Final Relief/s [D] RELIEF WHEREFORE, . . . (a) Interim Reliefs be granted immediately (b) Final Reliefs be granted after hearing

Comment [LR150]: ote that the ule does not expressly say hat inal relie the ourt may grant.

72

(Case No. _____________)

Name of Aggrieved Party or Relator, Petitioner,

Comment [LR142]: mparo may be iled ith: 1. ny T o the place here the threat or violations happened or any o its elements 2. 3. 4. or ith any o the Justices o the , or ( ec. 3, mparo)

Republic of the Philippines (COURT) (Location)

[A] CAPTION AND TITLE

or entity ( ec. 1, mparo). It is T I or violations or threatened violations o the right to property per se, except here the right to property is connected to the right to liberty such that the latter right cannot be vindicated ithout addressing the threat to or violation o the right to property.

[F] Name and Signature + All Material Information of Counsel

[G] VCFS [H] Affidavit of Service and Explanation of Service

Comment [LR151]: The Petition must be signed and veri ied by the petitioner, hether the P or relator (Sec. 5, mparo) The ule does not expressly require a erti ication against orum Shopping and a Petition or mparo OT be dismissed or lack o such a certi ication ; note that a T on any ground is a prohibited pleading under the ule. (Sec. 11, mparo) o ever, ule 7, sec. 5, hich is the general rule on all initiatory pleadings, may already be incorporated in the standard ormat. (See sec. 11 or Prohibited Pleadings under mparo).
       

73



[A] CAPTION AND TITLE Republic of the Philippines (COURT) (Location) Name of Aggrieved Party or Relator, Petitioner, (Case No. _____________) - versus -

individual or entity (Sec. 1,

% $"# C 5 ) 5 5 % 5 " 5 5 5 3 ! 5 5 %  5

I or violations or threatened It is OT violations o the right to property per se, except here the right to property is connected to the right to liberty such that the latter right cannot be vindicated ithout addressing the threat to or violation o the right to property. Comment [LR153]: may be iled ith: 1. ny T o the place here the threat or violations happened or any o its elements 2. SB 3. 4. SC or ith any o the Justices o the SB, CA or SC, where the actio co cer s p blic data files of gover me t offices (Sec. 3, ) * There is no de inition o is open to interpretation. public data iles so this
5 & 3 0 % 21 ) % 43 & ) % ( ' ) & ) ( %  % &

PETITIONER, by counsel, respectfully states that: [B] PARTIES 1. Petitioner/Relator is . . . 1.1. relator to victim) 1.2. or Security or Threat 1.3. 1.4. Personal/Professional Circumstances Relevant (if by Relator, state relationship of Factual Statements Relevant to Grounds (Violation of Right to Privacy in Life, Liberty thereof) Contact Details Other Relevant Details

* iling by AP precludes the iling by any o the other entities or persons; the iling by an authorized party on behal o the AP suspends the right o all others (Id.) * While not provided expressly, i the Petition is iled by any o the relators, a statement must be made that the AP did not, or could not ile the Petition.
5 5 5 5 5 5 5

[C] BODY 3. Statement of Facts 3.1. Chronology of Events Relevant to the right violated (e.g., enforced disappearance or extrajudicial killing) 3.2. Statement as to Judicial Affidavits (if any) of witnesses 3.3. Statement as to efforts exerted to vindicate the right/s and results of such efforts 4. Statement of Material Facts Relevant to any Interim Reliefs (if any) 5. Statement of Material Facts Relevant to Final Relief/s [D] RELIEF WHEREFORE, . . . (a) (b) (c) (d) Interim Reliefs be granted immediately Final Reliefs be granted after hearing Interim Reliefs be made permanent Other Reliefs be granted

Comment [LR157]: Note that a PRIOR DEMAND LETTER on the respondents or the in ormation is required be ore the petition is iled. This must be alleged and attached as part o the Petition. Comment [LR158]: nlike Amparo, no speci ic interim relie s are provided in D. Suppletorily, the interim relie s o TRO or In unction may be availed o. Comment [LR159]: The Court may order, by ay o inal relie that the act be en oined or the data or in ormation deleted, destroyed or recti ied. The Court may also order that all other relevant relie s be granted.
5 5 D 55 E D 5 5 C 5 5 5 5 5 @ 5

74

2.1. Personal/Professional Circumstances Relevant 2.2. Contact Details 2.3. Other Relevant Details

Comment [LR156]: The Petition must allege the : 1. Personal circumstances o petitioner and respondent/s 2.The right sub ect o the Petition and the act/s allegedly violative o said right/s 3. Any investigation conducted speci ying names, personal circumstances and addresses o the investigating authority or individuals as ell as the manner and conduct o the investigation, together ith any report 4. Actions and recourses taken by petitioner to determine the ate and hereabouts o the AP and the identity o persons responsible or the threat or violation

2. Respondent/s is/are . . .

Comment [LR155]: Private individuals/entities may be impleaded i these are engaged in the gathering, collecting or storing o data or in ormation. Note that media may also be considered part o the private entities or individuals ho may be impleaded as respondents.
5 5

PETITION

55

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

55

8676

Name of Public Official/Employee Or Private Individual or Entity, Respondent/s.

Comment [LR154]: The petition may be iled by: 1. The AGGRI PART , or 2. Any Q ALI I PERSON or ENTIT in the . ORDER ( Relators): a. Immediate amily member, namely: (1) Spouse (2) Children or (3) Parents b. Ascendant, descendant, or collateral relative o the AP ithin the 4th civil degree o consanguinity or a inity, in de ault o (a) c. In de ault o (a) and (b), any o the : (1) concerned citizen (2) concerned organization or association (3) concerned institution (Sec. 2, Amparo)
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G I

[H] Affidavit of Service and Explanation of Service

[G] VCFS

Comment [LR160]: The Petition must be signed and veri ied by the petitioner, hether the AP or relator. Although the Rule does not expressly require a Certi ication against orum Shopping and a Petition or D CANNOT be dismissed or lack o such a certi ication because a MTD on any ground is a prohibited pleading under the Rule. o ever, Rule 7, sec. 5, hich is the general rule on all initiatory pleadings, may already be incorporated in the standard ormat.

[A] CAPTION AND TITLE [B] PARTIES [C] BODY 1. Supporting Affidavits of respondents and their witness/es 2. Statement as to: 2.1. lawful defenses to show that respondent/s did not violate or threaten with violation the rights subject of the Petition; 2.2. the steps or actions taken to determine the fate or whereabouts of the AP and the persons responsible for the threat, act or omission 2.3. all relevant information in the possession of the respondent pertaining to the threat, act or omission against the AP; 2.4. [if the respondent is a public official/employee], add : actions taken or to be taken: a. to verify the identity of the AP; b. to recover and preserve evidence related to the death or disappearance of the person identified in the petition which may aid in the prosecution of the person/s responsible; c. to identify witnesses and obtain statements from them concerning the death or disappearance; d. to determine the cause or manner, location and time of death, or disappearance as well as any pattern or practice that may have brought about the death or disappearance; e. to identify and apprehend the person/s responsible; f. to bring the suspected offenders before a competent court. 3. Opposition to Interim Reliefs applied for [D] Reliefs [E] Date and Place [F] Name and Signature + All Material Information of Counsel [G] VCFS [H] Affidavit of Service and Explanation of Service

Comment [LR161]: Note that under sec. 10, a general denial is not allo ed/
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1. Supporting Affidavits of respondents and their witness/es 2. Statement as to: 2.1. Lawful defenses to show that respondent/s did not violate or threaten with violation the rights subject of the Petition; 2.2. Disclosure of the data or information about the petitioner, the nature of such data or information and the purpose for its collection; 2.3. The Steps or actions taken by the respondent/s to ensure the security and confidentiality of the data or information; and 2.4. The currency and accuracy of the data or information held; 2.5. Other allegations relevant to the resolution of the proceeding; 3. Opposition to Interim Reliefs applied for [D] Reliefs [E] Date and Place [F] Name and Signature + All Material Information of Counsel [G] VCFS [H] Affidavit of Service and Explanation of Service

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Comment [LR163]: National security, state secrets, privileged communication, con identiality o the source o in ormation o media and others may be invoked. See also Neri case on Executive Privilege.
R R R R

RQ

[C] BODY

Comment [LR162]: Note that a general denial is not allo ed; see ho ever la ul de enses that may be invoked.
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The Petition must allege the ff: 1. Personal circumstances of petitioner and respondent/s 2.The right subject of the Petition and the act/s allegedly violative of said right/s 3. Any investigation conducted specifying names, personal circumstances and addresses of the investigating authority or individuals as well as the manner and conduct of the investigation, together with any report 4. Actions and recourses taken by petitioner to determine the fate and whereabouts of the AP and the identity of persons responsible for the threat or violation (sec. 5, Amparo) Court may order any person in possession or control of a designated land or other property to permit entry for the purpose of inspection, measurement, or photographing of the property or any relevant object or operation thereon. The application of IO must state in detail the place/s to be inspected and must be supported by affidavits or testimonies of witnesses having personal knowledge of the enforced disappearance or whereabouts of the AP. The IO shall specify the person/s authorized to inspect and the date, time and manner of inspection and other conditions to protect the constitutional rights of all parties. The IO is good only for 5 days, unless extended by the court for justifiable reasons. (Sec. 14b, Amparo) Note that the IO may also be availed of by the respondent (Sec, 15, Amparo) * Compare requirements for IO with Search Warrant requirements under R126. Note that an IO is not a SW and does not require PC.
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