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PLEADINGS, PETITIONS, MOTIONS AND OTHER

JUDICIAL AND LEGAL FORMS


(Revised 2007)1

THEODORE O. TE2

Intended for Exclusive Use of the University of the Philippines College of Law Bar
Examination Candidates for 2007, the Law Interns of U.P. Office of Legal Aid (UP-OLA), and
the students in the authors classes.

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

1 These forms were first published in 1998 for use in the UP Law Bar Ops for that year.
2 Assistant Professor and Director, University of the Philippines Office of Legal Aid; Ll.B., U.P. (1990); Grateful
acknowledgement is given to Feliz Marie M. Guerrero, Ll.B. U.P. (2008, expected) for invaluable assistance in reformatting, proofreading and updating of legal references.

Legal Procedures 22: Filing of complaint and answer in civil cases

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

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

and Mandamus

a. Certiorari
b. Prohibition
c. Mandamus
2. Quo warranto, Interpleader, Quieting of Title, and
Declaratory Relief
a. Complaint in Interpleader
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

23
24
25
26
27
28
29

30

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
IV.

V.

VI.

PLEADINGS AND OTHER LEGAL DmOCUMENTS 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
D. Holographic Will
E. Notarial Will
F. Attestation Clause for a Notarial Will
G. Acknowledgement of a Notarial Will
H. Donation Inter Vivos
I. Acknowledgment of Nominee Status with Assignment of
Shares
J. Secretarys Certificate
K. Board Resolutions
1. Authority to Act
2. Increase in number of directors and necessary
amendment to the Articles of Incorporation
L. Deed of Assignment
M. Deed of Sale of Registered Land (unilateral)
N. Deed of Sale of Unregistered Land (unilateral)
O. Deed of Sale with Pacto de Retro (bilateral)
P. Deed of Repurchase of land sold under Pacto de Retro
Q. Deed of Sale with Mortgage
R.
Dacion en Pago
(Deed of Assignment of Real Estate in payment of debt)
S.
Chattel Mortgage

31

33
34
35
36
37
38
39
40
41

42
43
44
45
46
47
48
48
49
49

50
51
52
54

55
55
56
57
57
58
58
59
60
61
61
61
62
63
64
65
66
67
68
69

VII.

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

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71
71

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. The more obscure and obtuse the language, the greater
the need for a lawyer.
History has given us many language handicaps and obstacles to clarity and precision.
Throughout four years of law school, the law student, who eventually becomes a lawyer, is
trained to think in archaic words and phraseslegalesewhich appear to have legal significance
but is 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 languageLatinthat 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 three will do? 3
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 text, with its
own subculture and lingo, there must be a re-examination of the archaic 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.
When a judges attention span is short and his backlog of reading is long, the need to
write concisely, clearly, precisely but not pedantically becomes absolutely clear.
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 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 checklists4 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 the bar examinees and the law intern
or law student in mind, it is hoped that it might prove helpful as well when September ends 5 and
life, as a lawyer, begins in earnest.

3 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 as part of every pleading. Why 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.

4 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.

5 Vide Green Day, Wake Me Up When September Ends, which has become an unofficial anthem for bar
examinees in the Philippines.

Theodore O. Te
Room 105, Malcolm Hall
University of the Philippines
August 2007

I.

COMMON FORMS
A. Caption and Title
Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 1, Manila

____________________,
Plaintiff,
-versusNo._______________

Civil

Case

For _______________________
______________________,
Defendant.
x------------------x

B. Prayer
PRAYER
WHEREFORE it is respectfully prayed, after notice and hearing, that the defendant be
ordered to pay the plaintiff the amount of One Million Pesos (Php.1,000,000) for actual and
compensatory damages, Fifty Thousand Pesos (Php.50,000) for moral damages, Fifty
Thousand Pesos (Php.50,000) for exemplary damages, and Fifty Thousand Pesos
(Php.50,000) for attorneys fees.
Other just and equitable reliefs are also prayed for.
C. Jurat
SUBSCRIBED AND SWORN TO before me in the City of _______________ on this day of
_________________, affiant exhibiting before me his community tax certificate no.
_______________ issued on __________________ at _____________________.
(Sgd.) N. O. TARIO
Notary Public
Until __________________
PTR No. _______________
Issued at ______________
On ___________________
Doc. No.
Page No.
Book No.
Series of 2007.
VERIFICATION
Republic of the Philippines
City of _______________

)
) s.s.

C.K. Hilfiger, after having been duly sworn in accordance with law, deposes and
states that:
1. He
is
the
plaintiff
in
the
pleading/document
entitled
(pleading/document being verified)
2. He has caused its preparation
3. He has read it and the allegations therein are true and correct of his
own knowledge or based on authentic records.
(Sgd.) C.K. HILFIGER
PLUS: Jurat
NOTE: Pleadings required to be verified
1. All pleadings under the Rules of Summary Procedure

2. Complaints for
a. Forcible entry
b. Unlawful detainer
c. Replevin
3. Complaints with application for injunction or attachment
4. Answer to complaint or counterclaim based on actionable documents
5. Petitions for
a. Certiorari
b. Prohibition
c. Mandamus
d. Habeas Corpus
e. Change of Name
D. Certification against Forum Shopping
CERTIFICATION AGAINST FORUM SHOPPING
Republic of the Philippines
City of _______________

)
) s.s.

C.K. Hilfiger, after having been duly sworn in accordance with law deposes and states
that:

1. He is the plaintiff in the case entitled (title of the case);


2. 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;
3. To the best of his knowledge, there is no such pending action or claim;
4. If he should learn that a similar action or claim has been filed or is
pending he shall report such fact within five (5) days from the discovery to this
Honorable Court.
(Sgd.) C.K. HILFIGER

PLUS: Jurat

E. Combined
Shopping

Verification

and

Certification

against

Forum

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING


I, C.K. 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 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 (5) days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on _____________.
(Sgd.) C.K. HILFIGER
PLUS: Jurat

F. Combined Verification, Certification against Forum Shopping,


and Statement of Material Dates
VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
I, C.K. 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 13 April 2007; 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 (5) days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on _____________.
(Sgd.) C.K. HILFIGER

PLUS: Jurat

G. Request for and Notice of hearing


REQUEST FOR & NOTICE OF HEARING
THE BRANCH CLERK OF COURT
Metropolitan Trial Court
Quezon City, Branch 39
Please submit the foregoing Motion to the Court for its consideration and approval
immediately upon receipt hereof and kindly include the same in the courts calendar for
hearing on Friday, 13 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, 13 April 2007 at
8:30 in the morning.
(Sgd.) MITCH MCDEERE
Counsel for Defendant
2 The Firm
Laguna Street, Quezon City

H. Proof of personal service


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

I. Proof of service by registered mail (with Explanation for failure


to serve personally)
Copy furnished through registered mail:
Atty. Mitch McDeere
Counsel for the Defendant
2 The Firm
Laguna Street, Quezon City
Registry Receipt No. ________
Post Office ________________
Date _____________________
EXPLANATION
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 only has one 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 10, Rule 13 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 (10) days if undelivered.
TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on 13 April 2007, in
the City of Manila, Philippines.
(Sgd.) HARPER LEE
Affiant
PLUS: Jurat

J. Place, date, signature, address, Roll number, IBP receipt


number, PTR number
City of Manila, 13 April 2007.
Atty. Mitch McDeere
Counsel for the Defendant
2 The Firm, Laguna Street,
Quezon City, Metro Manila
Roll No.
IBP OR No., date and place of issue
PTR OR No., date and place of issue

Republic of the Philippines


City of Manila

)
) s.s.

BEFORE ME, this 13th day of April, 2007 in the City of Manila, Philippines, personally
appeared ATTICUS FINCH, with [Valid Identification Document] (Drivers License No. N25-07007777) issued by the [official agency] (Land Transportation Office) on 10 January 2007,

10

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
NOTE: If the instrument consists of 2 or more pages, include the following after the 1 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.

NOTE: If the instrument conveys 2 or more parcels of land, include the following after the 1 st
paragraph:
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.
K. Notice of Appeal
NOTICE OF APPEAL
Defendant, ABC, by counsel, respectfully appeals to this Honorable Court the
Decision of the lower court dated 13 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

11

II.

PLEADINGS AND OTHER LEGAL DOCUMENTS IN CIVIL PROCEDURE


A. Complaint (and other initiatory pleadings)
1. Complaint for ejectment with damages
[1] Regional Trial Court
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Quezon City, Branch 33

ALIS DI-YAN COMPANY,


Plaintiff,
Civil Case No. 2222
For: Ejectment

- versus YOKO NGA,

Defendant.
x ----------------------------------- x
COMPLAINT
PLAINTIFF, by counsel, respectfully states that:
[2] 1. Plaintiff is a foreign corporation organized and existing under the laws of
France with business address at 111 Ocean Drive, Tuna Compound, Quezon City; Defendant
is a Filipino, of legal age, single and currently resident of 112 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 112 Ocean Drive, Tuna Compound,
Quezon City which it leased to defendant under the terms and conditions stated in the
Contract of Lease dated 1 January 2005, which contract expires on 31 December 2006. A
copy of the contract is attached as ANNEX A.
3. Upon expiration of the contract, plaintiff informed defendant of its intention not to
renew the lease as it would use the property for its business expansion; plaintiff then asked
defendant to vacate the premises. A copy of plaintiffs letter to defendant is attached as
ANNEX B.
[4] 4. Despite demand duly made and received, defendant has refused to vacate the
premises and continues to occupy the property without plaintiffs 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. Defendants act of dispossession has caused plaintiff to suffer material injury
because plaintiffs 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.
Defendants 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 Attorneys fees.
Other just and equitable reliefs are also prayed for.
[6] Quezon City; 13 April 2007.
[7] (Sgd.) ATTICUS FINCH
Counsel for Plaintiff
[Address]
PLUS:
1. [8] Verification and Certification against Forum Shopping
2. Jurat
[1] Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 101, Makati City
ESTA PADORA,
Plaintiff,

12

Civil Case No. 000882


For: Sum of Money

- 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 plaintiffs two (2) demand letters is attached as ANNEX A and B.
4. Resort to the Barangay Conciliation process proved fruitless as defendant failed to
appear, despite notice on him to appear. Thus, a Certification to File Action, a copy of which
is attached as ANNEX C, was issued by the Barangay Chairman.

6. By reason of defendants 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
Attorneys 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
[1] Republic of the Philippines
National Capital Judicial Region
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.

13

[3] 2. Hurts Rent-A-Car is the registered owner of a Honda CRV with license plate
number XLV-675, 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.
4. 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 defendants 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
accordance with 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

[1] Republic of the Philippines


National Capital Judicial Region
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 age; 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] 4. Plaintiff has been paying the rentals as they fall due each month, without fail.
However, on 4 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 Court may
fix a longer 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).

14

[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
2. Answer with compulsory counterclaim
[1] Regional Trial Court
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch 33, Quezon City
ALIS DI-YAN COMPANY,
Plaintiff,

Civil Case No. 2222


For : Ejectment

- 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 plaintiffs personal
circumstances for the reason stated in the 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..
4. He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in
the Affirmative Defenses below.
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:

15

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. Attorneys 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 defendants counterclaim by awarding
defendant: (a) One Million Pesos as Moral Damages, and (b) Fifty Thousand as Attorneys
Fees.
Other just and equitable reliefs are prayed for.
[7] Quezon City; 13 April 2007.
[8] (Sgd.) MITCH MCDEERE
Counsel for Defendant
[Address]
[9 & 10] VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
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 specifically deny the genuineness and
due execution as well as the binding effect of the actionable documents pleaded
by plaintiiff; 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)
See Form No. B-1, supra, but add-[5] Crossclaim
7. Defendant reiterates, repleads and incorporates by reference all the foregoing
insofar as they are material and additionally submit that he is entitled to indemnity and/or
contribution from co-defendant MANGGA GANTSO in the event that he is made liable to
plaintiff because co-defendant MANGGA GANTSO acted as the duly authorized agent of
plaintiff in the sale of the property and, acting as such, received consideration, in the form of
the purchase price, from defendant.
[6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his
favor by
1. dismissing the Complaint, and
2. granting defendants counterclaim by awarding defendant
a. One Million Pesos (Php.1,000,000) as Moral Damages, and
b. Fifty Thousand Pesos (Php.50,000) as Attorneys Fees.
3. In the event that defendant is made liable to plaintiff on the Complaint,
he further prays that co-defendant MANGGA GANTSO 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)

16

LAKISA LAYAW,
Plaintiff,

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 90, Quezon City
Civil Case No. 97-31312

- versus LAKISA HIRAP,


Defendant.
x ------------------------------------- x
PRE-TRIAL BRIEF
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 clarification of the actual extent of any obligation due and owing to plaintiff
inasmuch as there is nothing to indicate defendants 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 plaintiffs claims based on a failure to state a cause of action
because of :
2.2.1. Plaintiffs 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.
Extinguishment of the alleged claim made by the entity
Regency Furniture.
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 attorneys 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. Defendant submits that the following issues put forward by plaintiff are
subject to proof:
4.1.1. Plaintiffs personality to seek legal relief;
4.1.2. Plaintiffs entitlement to the amount claimed;

17

4.2.

Defendant submits that the following issues she put forward are subject to

proof:
4.2.1. Plaintiffs bad faith in filing this suit;
4.2.2. Defendants entitlement to the claims made in her Compulsory
Counterclaim as a result of plaintiffs bad faith;
V. EVIDENCE
[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 plaintiffs 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
hearing)

3. Motion to dismiss (with request for and notice of

Republic of the Philippines


National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch 39, Quezon City
LAKI ASSET COMPANY,
Plaintiff,
Civil Case No. 3333
For: Sum of Money

- 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.

18

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,
plaintiffs 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, plaintiffs 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]
[4] REQUEST FOR & NOTICE OF HEARING
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 courts 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
PLUS: [5] Proof of Service

LAKI UTANG,
Petitioner,

Republic of the Philippines


SUPREME COURT
Manila
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 respondents 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 filed as a matter of course.
Consequently, 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.

19

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
Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 39, Quezon City
LAKISA LAYAW,
Plaintiff,
Civil Case No. 97-31312
For: Sum of Money

- 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
Republic of the Philippines
National Capital Judicial Region
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.

20

[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]
[4] REQUEST AND NOTICE
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
Republic of the Philippines
National Capital Judicial Region
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 prosecutions expert witness who will be available only on said date and time.

[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.

21

[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

Republic of the Philippines


National Capital Judicial Region
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 defendants 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 plaintiffs Reply.
3.
reason.

This motion is not intended for delay but is motivated only by the foregoing

[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 plaintiffs 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

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 39, Quezon City
ANAKIN SKYWALKER,
Plaintiff,

Civil Case No. 000909

- versus PADME AMIDALA,


Defendant.

22

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 Sheriffs Return of even date, a
copy of which is attached as ANNEX A.
[1 & 2] 2. Defendants 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

Republic of the Philippines


National Capital Judicial Region
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:

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 plaintiffs 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 premature 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 defendants 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]

23

PLUS:
1. [4] Request for and Notice of Hearing
2. [5] Proof of Service

24

B. Special Civil Actions


1. Certiorari (with Injunction and/or TRO), Prohibition and
Mandamus
a. Certiorari
(Caption and Title)
PETITION
PETITIONER, by counsel, respectfully states that:
[2] 1.
residence.)

(State capacity of petitioner and respondent/s, citizenship, status and

2. (State the date on which copy of Decision was received and/or Resolution on
Motion for Reconsideration, if filed, denied.)
[3] 3. (State briefly the facts and circumstances under which the respondent/s
exercising judicial functions acted without, or in excess of, jurisdiction or with grave abuse of
discretion amounting to lack or excess of jurisdiction.)
4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal
right, [b] which is threatened by an act or omission of respondents, [c] and that, unless
restrained, will cause grave and irreparable injury to petitioner. Allege also that petitioner is
ready to post a bond in an amount to be fixed by the Court conditioned upon the payment
to respondents of any damages suffered arising from the writ should petitioner be found not
to be entitled to the writ.)
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. A certified true copy (or duplicate original copy) of the Decision under review is
attached as ANNEX A.
[4] WHEREFORE, it is respectfully prayed that a writ of certiorari be issued
ANNULLING the (act, decision or finding) for being in grave abuse of discretion; in the
interim, that a preliminary injunction and/or temporary restraining order issue to ENJOIN any
further proceedings by respondents.
Quezon City; [1] 7 July 2007.
(Sgd.) ATTICUS FINCH
Counsel for the Petitioner
[Address]
PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of
Material Dates

* Rule 65, section 6, par. 2 expressly makes Rule 56, section 2 applicable to petitions for
certiorari, mandamus 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.
(Caption and Title)
PETITION
PETITIONER, by counsel, respectfully states that:
[2] 1.
residence.)

(State capacity of petitioner and respondent/s, citizenship, status and

2. (If applicable, state the date on which copy of Decision was received and/or
Resolution on Motion for Reconsideration, if filed, denied.)

25

[3] 3. (State briefly the facts and circumstances under which the respondent/s
whether exercising judicial or ministerial functions acted without, or in excess of, jurisdiction
or with grave abuse of discretion amounting to lack or excess of jurisdiction.)
4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal
right, [b] which is threatened by an act or omission of respondents, [c] and that, unless
restrained, will cause grave and irreparable injury to petitioner. Allege also that petitioner is
ready to post a bond in an amount to be fixed by the Court conditioned upon the payment
to respondents of any damages suffered arising from the writ should petitioner be found not
to be entitled to the writ.)
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. A certified true copy (or duplicate original copy) of the Decision under review is
attached as ANNEX A.
[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 writ of prohibition issue directing respondent/s to desist
absolute and perpetually from further proceedings (in the said action or matter).
Quezon City; [1] 7 July 2007.
(Sgd.) ATTICUS FINCH
Counsel for the Petitioner
[Address]
PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of
Material Dates

(Caption and title)


PETITION
PETITIONER, by counsel, respectfully states that:
[2] 1. (State the capacity of petitioner and respondent/s and their addresses.)
[3] 2.
(State the facts and circumstances whereby respondent/s unlawfully
neglected the performance of an act which the law specifically enjoins as a duty resulting
from an office, trust or station, or unlawfully excluded the petitioner from the enjoyment of a
right or office to which 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 writ of
mandamus issue commanding respondent/s forthwith to: (state the act required to be done),
with costs against them.
Quezon City; [1] 7 July 2007.
(Sgd.) ATTICUS FINCH
Counsel for the Petitioner
[Address]
PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of
Material Dates

26

2. Quo warranto, Interpleader, Quieting of Title, and


Declaratory Relief
a. Complaint in Interpleader
NALI LITO,
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 plaintiffs possession. On or about 5 June 1999,
defendants 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

Counsel for Plaintiff


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

IN RE: QUIETING OF TITLE OVER THE


PROPERTY COVERED BY TCT NO. 12345

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.

27

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 Estates 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

INA API,
Plaintiff,
- versus -

Civil Case No. 2468

THE CITY COUNCIL


OF QUEZON CITY,
Defendant.
x --------------------------- x
COMPLAINT
PLAINTIFF, by counsel, respectfully states that:
[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 plaintiffs 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

(Caption and title)

28

COMPLAINT
PLAINTIFF, by counsel, respectfully states that:
[1] 1. (State the capacity and address of both plaintiff and defendant.)
[2] 2. (State 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. (State 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 writ of quo warranto 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] (Sgd.) ATTICUS FINCH
Counsel for the Plaintiff
[Address]
PLUS: [6] Verification and Certification against Forum Shopping

29

III.

PLEADINGS AND OTHER LEGAL FORMS IN CRIMINAL PROCEDURE


A. Complaint-Affidavit and Counter-Affidavit
1. Complaint-Affidavit

Republic of the Philippines


City of Makati

)
) s.s.
COMPLAINT-AFFIDAVIT

[1] I, MA SELAN, of legal age, Filipino, with assistance of counsel, and [2] resident of
4 Privet Drive, Triple X Village, Makati, do hereby state under oath that:
1. I am a member of the Triple X Village Homeowners Association (Association)
and was formerly a Director and Corporate Secretary of the Association.
[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 against me when he publicly, maliciously and deliberately uttered
defamatory remarks against me during the Board Meeting of the Association on 27 January
2007. This is attested to by the following exchange that transpired between 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 his remarks. Consequently, a Certification to File Action was issued by the
Barangay Chairperson, a copy of which is attached as ANNEX B.
4. There is no other person named Ma Selan residing at Triple X Village nor is there
any other person named Ma Selan who has acted as Board Member of the Association.
Consequently, Mr. Ingays public and defamatory utterance was clearly a reference to me
and to no other.
5. Mr. Ma Ingays remarks, calling me a swindler twice 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. Ingays use of
the word swindled was deliberate as his explanation and clarification a few utterances
thereafter would show. Mr. Ingays remarks are also very serious as they cast aspersions on
my reputation, character and very person before my peers and fellow homeowners.
6. Mr. Ingays 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 lifetimes 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 without 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

Republic of the Philippines


City of Makati
) s.s.

COUNTER-AFFIDAVIT
Re: I.S. No. 1613
[1] I, MA LABO, of legal age, with assistance of counsel, do hereby state under oath
that:
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, which made the Mayor their Honorary Chairman with no direct functions; he
has been supporting their activities financially with voluntary contributions.
[3] 4. There is no truth to the allegations in MA GULANGs complaint. There is no
factual nor legal basis to charge me with estafa. The Complaint must be dismissed. To rebut
and contradict MA GULANGs 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 was not around. I took a message from
her saying that she was a friend of the Mayor and that she was selling Nextel
units and if we wanted 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 were able to meet, as a result.
4.3. On that day, Ms. Gulang brought the units to the Mayors Office;
she met with Mr. Gantso inside the Mayors office. They transacted business
inside the Mayors Office and only passed by my office on their way 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 would 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 would still get calls from Ms. Gulang; and
when she started to get angry over the telephone, I set up an appointment for
Mr. Gantso to meet with her at the Office.
4.6. Thereafter, I would still receive phone calls telling me that Mr.
Gantso had yet to pay; I would follow up with Mr. Gantso but he simply gave
me this promise that he would pay.
5. It is utterly inexplicable that Ms. Gulang would hold me liable for estafa when all
that I did was to refer Ms. Gulang to Mr. Gantso; to a certain extent, I even exerted my best
efforts to see that Ms. Gulang was paid due simply to my great embarrassment at the
prospect of being accused of referring a person who 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 under 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

31

benefited from the Nextel units (which Ms. Gulang does not even allege and cannot prove);
any civil liability should pertain to the Office of the Mayor, not to me.
7. Considering the foregoing, I respectfully submit that there is no prima facie basis
to conclude that the crime of Estafa or that any crime at all has been committed. The
Complaint against me should, thus, be dismissed.

2007.

TO THE TRUTH OF THE FOREGOING, I have signed this Statement on 3 February

[4] (Sgd.) MA LABO


Affiant

PLUS:

1. [5] Verification
2. [6] Certification
2. Information (with Certificate of Preliminary Investigation
or Inquest)
a. Bigamy
(Caption)

PEOPLE OF THE PHILIPPINES,


Plaintiff,

Criminal Case No. 00567


For: Bigamy

- 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.

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

SUBSCRIBED AND SWORN TO BEFORE ME this 9th day of August 2006 in Quezon City.

Bail Recommended: P10,000.00

AL CAPONE
City Prosecutor

(Caption)

32

PEOPLE OF THE PHILIPPINES,


Plaintiff,

Criminal Case No. 00567


For: Theft

- 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

(Caption)
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 00567
For: Attempted Rape

- 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 her from 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,

33

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

(Caption)
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 00567
For: Frustrated Murder

- 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 circumstances of Evident
Premeditation, use of firearm and disregard of age.
(Sgd.) ELLIOT NESS
Assistant City Prosecutor
PLUS: Certification of Preliminary Investigation or Inquest

34

B. Motions
1. Motion to Quash Information

PEOPLE OF THE PHILIPPINES,


Plaintiff,

[1] Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 90, Quezon City
Criminal Case No. 00567
For: Theft

- 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

PEOPLE OF THE PHILIPPINES,


Plaintiff,

[1] (Caption)

- versus -

Criminal Case No. 00022


For: Libel

VIG CHAN,
Accused.
x ---------------------------------------------- x

35

MOTION TO QUASH SEARCH WARRANT


The ACCUSED, by counsel, respectfully moves for the quashal of Search Warrant No.
1122 issued 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

[1] (Caption)
PEOPLE OF THE PHILIPPINES,
Plaintiff,
- versus -

Criminal Case No. 00022


For: Libel

VIG CHAN,
Accused.
x ---------------------------------------------- x

MOTION TO SUPPRESS EVIDENCE UNLAWFULLY SEIZED


The ACCUSED, by counsel, respectfully moves for the suppression of objects seized
on 23 July 2006, pursuant to Search Warrant No. 1122 issued by this Honorable Court dated
12 July 2006, based on 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:

36

[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 accuseds 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

[1] (Caption)
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 00567
For: Murder

- 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] prosecutions 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 prosecutions 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 accuseds guilt, and (2) thereafter, grant the accused reasonable bail.
Other just and equitable reliefs are also prayed for.
Quezon City; 7 July 2007.

37

(Sgd.) MITCH MCDEERE


Counsel for the Accused
[Address]
PLUS: Request for and Notice of Hearing
[1] (Caption)
PEOPLE OF THE PHILIPPINES,
Plaintiff,
- versus -

Criminal Case No. 114878

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, accusedapplicant 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

38

IV.

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

PEOPLE OF THE PHILIPPINES,


Plaintiff,

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 90, Quezon City
Criminal Case No. 000011

- versus RECY DIVIST,


Accused.
x ------------------------------------------ x
FORMAL OFFER OF EVIDENCE
THE PROSECUTION, by the undersigned public and private prosecutors, respectfully
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 signatureto 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 checkto 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

ATTICUS FINCH
Private Prosecutor

Copy furnished:
MITCH MCDEERE
Counsel for Accused

39

2. Comment/Opposition to Offer
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 000011

- versus RECY DIVIST,

Accused.
x ------------------------------------------ x
COMMENT ON THE PROSECUTIONS
FORMAL OFFER OF EVIDENCE
THE ACCUSED, by counsel, respectfully oppose the Prosecutions 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 Prosecutions 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

40

B. Demurrer to the Evidence


1. Criminal cases
(Caption)
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 007
For: Violation of PD 1866

- versus ANAKIN SKYWALKER,

Accused.
x ---------------------------------------- x
DEMURRER TO THE PROSECUTIONS EVIDENCE
THE ACCUSED, by counsel, with leave of court previously obtained, respectfully
submits this Demurrer to the Prosecutions Evidence on the ground that the prosecution has
failed to adduce sufficient evidence of his guilt to overcome the presumption of innocence
and shift the burden of proof:
1. Under the Constitution, the accused is presumed to be innocent until proven
guilty. The effect of this presumption is that it entitles the accused to not say anything in his
defense and places the burden directly on the prosecution to prove everything relative to his
guilt. Thus, the prosecution must rely on the strength of its evidence and not wait for the
accused to offer any defense. It is only in the event that the prosecution, after resting its
case, has adduced sufficient evidence of guilt that the burden of proof shifts to the accused.
2. The prosecution has failed to adduce sufficient evidence of guilt such as would
shift the burden of proof.
2.1. The accused is charged with violation of PD 1866; the gravamen
of the offense is unauthorized possession of a firearm. Concretely, this means
that the prosecution must prove that the accused had no legal authority to
possess any firearm.
2.2. The prosecution has failed to show that the accused had no
license to carry a firearm. The proof of the negative element is indispensable
to proof of a violation of PD 1866. Without proof of this negative element, the
crime is not proven.
3. Absent proof of the negative element, i.e., absence of a license, the offense is not
proven. The accused is innocent; he must, thus, be acquitted.
WHEREFORE, the accused respectfully prays that the Information against him be
DISMISSED and that he be ACQUITTED of the crime charged.
Quezon City; 13 April 2007.
DARTH SIDIOUS
Counsel for the Accused
[Address]
PLUS: Request for and Notice of Hearing

41

2. Civil cases
(Caption)
ANAKIN SKYWALKER,
Plaintiff,

Civil Case No. 000909

- versus PADME AMIDALA,


Defendant.
x ---------------------------------- x
DEMURRER TO THE EVIDENCE
DEFENDANT, by counsel, with leave of court previously sought and granted,
respectfully submits this Demurrer to the Evidence because plaintiff has failed to prove
entitlement to his claims by a preponderance of evidence:
1. This action seeks to collect a sum of money arising from a contract.
2. Plaintiff, after resting his case, has failed to: (a) prove the authenticity of the
contract, (b) the extent of the obligation under the contract, (c) the demandability of the
obligation under the contract and (d) defendants liability for the obligation and damages.
3. Consequently, plaintiff has failed to prove his claims by a preponderance of
evidence and defendant is entitled to a dismissal of the Complaint against her.
WHEREFORE, defendant respectfully prays that the Complaint against her be
DISMISSED.
Quezon City; 13 April 2007.
(Sgd.) OBI WAN KENOBI
Counsel for Defendant
[Address]
PLUS: Request for and Notice of Hearing

DAMI LUPA,
Plaintiff,

Republic of the Philippines


4th Judicial Region
REGIONAL TRIAL COURT
Branch 71, Antipolo
Civil Case No. 007
For: Reconveyance

- 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:

42

MITCH MCDEERE, Esq.


Counsel for Defendant

ANAKIN SKYWALKER,
Plaintiff,

Republic of the Philippines


REGIONAL TRIAL COURT
National Capital Judicial Region
Branch 101, Quezon City
Civil Case No. 1357
For: Legal Separation

- 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

Copy furnished:
DARTH SIDIOUS

43

C. Withdrawal as Counsel
1. Withdrawal as Counsel
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
For: Legal Separation

- 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

2. Withdrawal as Counsel WITHOUT conformity of client


(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
For: Legal Separation

- 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 irreconcilable professional differences with plaintiff, for
which reason the express conformity of plaintiff cannot be obtained. 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

44

D. Substitution of Counsel
(Caption)
ANAKIN SKYWALKER,
Plaintiff,

Civil Case No. 1357


For: Legal Separation

- 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
E. 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.

Copy furnished:

(Sgd.) ATTICUS FINCH


Counsel for Plaintiff
[Address]

MITCH MCDEERE
Counsel for Defendant

45

V.

PLEADINGS AND LEGAL DOCUMENTS ON DOMESTIC CASES AND SPECIAL


PROCEEDINGS
A. Petition for Habeas Corpus
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 petitioners reach.
3. Being below seven (7) years of age, custody of the minors is naturally presumed
to belong to petitioner, as their mother. Consequently, respondents 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

46

B. Petition for Adoption


IN RE: PETITION FOR ADOPTION
OF ANAKIN SKYWALKER
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 copy of which 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 child 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

[Caption and Title]


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 processes of this 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 petitioners and respondents mutual psychological incapacity to fulfill and
discharge their respective marital obligations to each other, which existed at the time of the
marriage in 1998 but manifested itself well into 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

47

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.
Petitioners 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 respondents 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 petitioners 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 directed to give support to his 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.
Petitioner also prays that, after trial, judgment be rendered in her favor by declaring
petitioner to be psychologically incapacitated to comply with the essential obligations of her
marriage to respondent, thus -[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 respondents 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

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 30, San Juan

48

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 deceaseds 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

49

VI.

DEEDS, CONTRACTS AND OTHER CORPORATE LEGAL DOCUMENTS


A. Special Power of Attorney
SPECIAL 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, 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

CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS:

50

This Agreement made and entered into at Makati this 7 th 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
Assessors 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
improvements 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 7 th 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.

San Juan, Metro Manila


7 July 2007
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, Marinara 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.
C. Notarial Will

51

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.

Manila.

IN WITNESS WHEREOF, I have set my hand this 7 th day of July 2007 in San Juan, Metro

(Sgd.) PABLING SIA, SR.

ATTESTATION CLAUSE
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

Residence
Residence
Residence

D. Acknowledgment of a Notarial Will


JOINT ACKNOWLEDGMENT
BEFORE ME, Notary Public for and I the City of San Juan, Philippines, this 7 th 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.

52

This Will consists of ___ pages, including the page in which this acknowledgment is
written, and has been signed on the left margin of each and every page thereof by the
testator and his witnesses and 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.

53

E. Donation Inter Vivos


DEED OF DONATION
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 property with all the
buildings and improvements thereon, 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

54

F.
Shares

Acknowledgment of Nominee Status with Assignment of

ACKNOWLEDGMENT OF NOMINEE STATUS WITH ASSIGNMENT OF SHARES


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. Directors 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 nominees 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 nominees 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

55

G. Secretarys Certificate
SECRETARYS CERTIFICATE
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
H. 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)

56

I.

Deed of Assignment
DEED OF ASSIGNMENT

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 7 th 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

Republic of the Philippines


Makati City

)
) s.s.
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
and registration of this deed of sale.

City.

IN WITNESS WHEREOF, I have signed this deed this 7 th day of July, 2007 at Makati

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:

57

ASA WA
Vendors Wife
SIGNED IN THE PRESENCE OF:
(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment

58

J.

Deed of Sale of Unregistered Land (unilateral)

Republic of the Philippines


Makati City

)
) s.s.
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.

City.

IN WITNESS WHEREOF, I have signed this deed this 7 th day of July, 2007 at Makati

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

59

K. Deed of Sale with Pacto de Retro (bilateral)


Republic of the Philippines
Makati City

)
) s.s.
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 7 th day of July, 2007 at Makati
City.
MA YA MAN
Vendor

MA GU LANG
Vendee

With my marital consent:


ASA WA

With my marital consent:


BA TAPA

SIGNED IN THE PRESENCE OF:


(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment

60

L. Deed of Repurchase of land sold under Pacto de Retro


Republic of the Philippines
Makati City

)
) s.s.
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
improvements 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 7 th 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
Vendors Wife
SIGNED IN THE PRESENCE OF:
(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment

61

M. Deed of Sale with Mortgage


Republic of the Philippines
Makati City

)
) s.s.
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
residence 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 VENDEEMORTGAGOR to the VENDOR-MORTGAGEE at the latters residence, as follows:
(State manner of payment)
In order to guarantee the fulfillment of the above obligations, the VENDEEMORTGAGOR 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 7 th day of July, 2007 at Makati
City.
MA YA MAN
Vendor

MA GU LANG
Vendee

With my consent:
ASA WA
Vendors Wife

With my consent:
BA TAPA
Vendees Wife

SIGNED IN THE PRESENCE OF:


(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment

62

N. Dacion en Pago (Deed of Assignment of Real Estate in payment


of debt)
DEED OF ASSIGNMENT
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 abovementioned debt of ______________ Pesos (P_________).
IN WITNESS WHEREOF, the parties have signed this Deed on 7 July 2007 at Makati
City.
DAMI UTANG
Assignor

DAMI LUPA
Assignee

With my marital consent:


ALANG MALAY
Assignors Wife

BIL MOKO
Assignees Wife

PLUS: Acknowledgment

Republic of the Philippines


Makati City

)
) s.s.
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 evidenced by Registration
Certificate of 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

63

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

DAMI KOTSE
Signed in the presence of:

UZI 1

UZI 2

PLUS: Acknowledgment

64

VII.

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)
Checklist:
15 days from notice of judgment or final order
Notice of Appeal (Rule 40, Sec. 3)
o
Parties
o
Judgment or final order appealed
from
o
Material dates showing timeliness
of appeal
Proof of payment of appellate court docket and
other lawful fees (Rule 40, Sec. 4)
Memorandum for Appellant and Appellee (Rule
40, Sec. 7)

Checklist:

b. From RTC (in original jurisdiction) to CA


15 days from notice of judgment or final order
Notice of Appeal
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
Brief for Appellee (same as Brief for Appellant,
except copy of judgment)
Appellants Reply Brief
Memorandum (in special cases)
o
Statement of the Case
o
Statement of the Facts
o
Statement of the Issues
o
Argument
o
Relief

2. in criminal cases
a. From MTC (as trial court) to RTC (in appellate
jurisdiction)
Checklist:

15 days from notice of judgment or final order

Notice of Appeal

Appellants Brief/Memorandum

Appellees Brief/Memorandum

Checklist:

b. From RTC (as trial court) to CA

Checklist:

15 days from notice of judgment or final order


Notice of Appeal
Appellants Brief/Memorandum
Appellees Brief/Memorandum

c. From RTC (as trial court) to SC

15 days from notice of judgment or final order

Notice of Appeal

Appellants Brief/Memorandum

Appellees Brief/Memorandum
3. From RTC (as appellate court) or from quasi-judicial
agencies to CA
Checklist:
15 days from notice of judgment or final order
extension of 15 days only
Full names of petitioner and respondent
Statement of Material Dates

65

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
Proof of Service and Explanation for Service by
Registered Mail (if applicable)

4. From RTC (on pure questions of law) or CA (in appellate


jurisdiction) to SC
Checklist:
15 days from notice of judgment or final order
extension of 30 days
Names of petitioner and respondent (without impleading
the lower court/judge/justice)
Statement of Material Dates
Material Allegations, Reasons or Arguments for
allowance of petition
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
Proof of Service and Explanation for Service by
Registered Mail (if applicable)

66