Sui Generis Legal Forms PDF

SUI GENERIS EXCLUSIVE NOTES
(SGEN)
LEGAL FORMS AND WRITING
JANEIT MORALLOS PAJILA
LEGAL FORMS AND WRITING JANEIT PAJILA 1

TABLE OF CONTENTS
I. COMMON FORMS
A. Caption and Title
B. Prayer
C. Jurat
D. Verification
E. Certification against Forum Shopping
F. Combined Verification and Certification against Forum
Shopping
G. Combined Verification, Certification against Forum Shopping,
and Statement of Material Dates
H. Request for and Notice of Hearing
I. Proof of Personal Service
J. Proof of service by registered mail (with Explanation for failure
to serve personally)
K. Place, date, signature, address, Roll number, IBP receipt
number, PTR number
L. Acknowledgement
M. Notice of Appeal
II. PLEADINGS AND OTHER LEGAL DOCUMENTS IN CIVIL PROCEDURE

A. Complaint (and other initiatory pleadings)
1. Complaint for ejectment with damages
2. Complaint for sum of money
3. Complaint for Replevin
4. Complaint to set period of years for lease
B. Answer with affirmative defenses and counterclaims
1. Answer with compulsory counterclaim
2. Answer with counterclaim and cross-claim
C. Pre-trial Brief
D. Motions
1. Motion to Dismiss (with Request for and Notice of Hearing)
2. Motion for leave of court to file pleading (with explanation
for service by registered mail)
3. Motion for Judgment on the Pleadings
4. Ex parte motion to set for trial
5. Motion for postponement
6. Motion for extension of time
7. Motion to declare defendant in default
8. Motion to lift order in default
E. Special Civil Actions
1. Certiorari (with Injunction and/or TRO), Prohibition
and Mandamus
a. Certiorari
b. Prohibition
c. Mandamus
2. Quo warranto, Interpleader, Quieting of Title, and
Declaratory Relief
a. Complaint in Interpleader
b. Action to Quiet (or Remove Cloud on) Title
c. Action for Declaratory Relief
d. Quo Warranto
III. PLEADINGS AND OTHER LEGAL FORMS IN CRIMINAL PROCEDURE

A. Complaint-Affidavit and Counter-Affidavit

1. Complaint-Affidavit
2. Counter-Affidavit
B. Information and Complaint
1. Information (with Certificate of Preliminary Investigation or
Inquest)
a. Bigamy
b. Theft
c. Attempted Rape
d. Frustrated Murder
C. Motions
1. Motion to Quash Information
2. Motion to Quash Search Warrant
3. Motion to Suppress Evidence
4. Motion for Bail
D. Application for Bail
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
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
V. 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
VI. 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. Secretary’s 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
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

COMMON FORMS
A. Caption and Title
Republic of the Philippines

National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 1, Manila
____________________,
Plaintiff,
-versus-
CivilCase
No._______________
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 attorney’s
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.) JUAN CRUZ

Notary Public
Until
__________________
PTR No.
_______________
Issued at
______________
On
___________________
Doc. No.
Page No.
Book No.
Series of 2007.

D. Verification
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.) JUAN DELA CRUZ
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
E. Certification against Forum Shopping
CERTIFICATION AGAINST FORUM SHOPPING

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.
PLUS: Jurat

F. Combined Verification and Certification against Forum
Shopping
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 _____________.

PLUS: Jurat
G. Combined Verification, Certification against Forum

Shopping, and Statement of Material Dates
VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
I, JUAN DELA CRUZ, 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 _____________.

PLUS: Jurat
H. 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 court’s 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.) JUN CRUZ

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

Counsel for the Defendant
2 The Firm
J. Proof of service by registered mail (with Explanation for

failure to serve personally)
Copy furnished through registered mail:

Atty. Mitch McDeere
2 The Firm
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.) JANG GEUN SUK

City of _______________ ) s.s.
AFFIDAVIT
I, JUAN DELA CRUZ, a messenger of Atty. Jang Geun Suk 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.

Affiant
PLUS: Jurat
K. Place, date, signature, address, Roll number, IBP receipt

number, PTR number
City of Manila, 13 April 2007.
Atty. Mitch McDeere

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

L. Acknowledgment

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] (Driver’s License No. N25-07-007777) issued by the [official
agency] (Land Transportation Office) on 10 January 2007, known to me to be
the same person who executed the foregoing instrument, and who
acknowledged to me that the same is his free act and deed.
IN WITNESS WHEREOF, I have set my hand and affixed my Notarial seal

on the day, year and place written.
(Sgd.) N. O. TARIO
Notary Public
Until
__________________
PTR No.
_______________
Issued at
______________
On
___________________
Doc. No.
Page No.
Book No.
Series of 2007
NOTE: If the instrument consists of 2 or more pages, include the following

after the 1st 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 1st 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.
M. 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

2 The Firm

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

METROPOLITAN TRIAL COURT
Quezon City, Branch 33
ALIS DI-YAN COMPANY,

Plaintiff,
Civil Case No. 2222
- versus - For: Ejectment
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
plaintiff’s 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
plaintiff’s consent. Resort to the Barangay conciliation system proved
useless as defendant refused to appear before the Lupong Tagapamayapa. A
Certification to File Action is attached as ANNEX C.
5. Defendant’s act of dispossession has caused plaintiff to suffer

material injury because plaintiff’s business expansion plans could not be
implemented despite the arrival of machineries specifically leased for this
purpose at the rental rate of US$500 per month. Defendant’s continued
occupation of the premises has also forced plaintiff to sue and to incur legal
expenses amounting to Fifty Thousand Pesos (P50,000.00).
[5] WHEREFORE, plaintiff respectfully prays for judgment in its favor

by ordering defendant to vacate the property and peacefully turn over
possession to plaintiff and for defendant to pay plaintiff the amount of
US$3,500 representing rentals on the machineries for seven (7) months and
Fifty Thousand Pesos (P50,000.00) for Attorney’s fees.

[6] Quezon City; 13 April 2007.
[7] (Sgd.) JUAN DELA CRUZ

Counsel for Plaintiff
[Address]
PLUS:
1. [8] Verification and Certification against Forum Shopping
2. Jurat

2. Complaint for sum of money
[1] Republic of the Philippines

Branch 101, Makati City
ESTA PADORA,
Plaintiff,
Civil Case No. 000882
- versus - For: Sum of Money
MANGGA GANTSO,
Defendant.
x -------------------------- x
COMPLAINT
[2] 1. Plaintiff is a Filipino, of legal age, and resident of 6750 Forbes

Park, Makati City; defendant is also a Filipino, of legal age and resident of
6752, Forbes Park, Makati City, where he may be served with summons and
other processes.
[3] 2. Sometime in January 2005 and over a period of six (6) months,
defendant borrowed certain amounts from plaintiff. Defendant promised to
pay these amounts on an installment basis monthly. These amounts now
total Nine Hundred Thousand Pesos (P900,000.00).
[4] 3. Despite repeated demands, both oral and written, defendant

failed or has refused to pay any amount to plaintiff as no installment
payment has even been made. A copy each of plaintiff’s two (2) demand
letters is attached as ANNEX A and B.
4. Resort to the Barangay Conciliation process proved fruitless as

defendant failed to appear, despite notice on him to appear. Thus, a
Certification to File Action, a copy of which is attached as ANNEX C, was
issued by the Barangay Chairman.
5. Defendant’s obligation is due and demandable and plaintiff is

entitled to the payment of the entire amount of Nine Hundred Thousand
Pesos (P900,000.00) plus legal interest.
6. By reason of defendant’s unreasonable failure or refusal to pay his

due and demandable obligation, plaintiff was forced to engage the services
of counsel to vindicate his rights thereby committing himself to pay legal
expenses amounting to Fifty Thousand Pesos (P50,000.00).
[5] WHEREFORE, plaintiff respectfully prays for judgment in his favor

through a Decision directing defendant to pay him NINE HUNDRED
THOUSAND PESOS (P900,000.00), with legal interest, as ACTUAL DAMAGES
and FIFTY THOUSAND PESOS (P50,000.00) as Attorney’s Fees.
[6] Quezon City for Makati; 13 April 2007.

[Address]
PLUS: [8] Verification and Certification against Forum Shopping

3. Complaint for Replevin

Branch 101, Makati City
HURTS RENT-A-CAR,
represented by AKIN NAYAN,
Plaintiff,
- versus -
YOKO NGA,
Defendant.
x----------------------------------- x
COMPLAINT
Plaintiff, by counsel, respectfully states that:
[2] 1. Plaintiff is the general manager of Hurts Rent-A-Car with offices

at Makati City; defendant is a Tongan, temporarily residing at Bayview Hotel,
Roxas Boulevard, Manila.
[3] 2. Hurts Rent-A-Car is the registered owner of a Honda CRV with

license plate number 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 defendant’s name

in double the value of the property for the return of the property to
defendant should that be adjudged or for the payment of such sum that
defendant may recover from plaintiff in this action.
[5] WHEREFORE, plaintiff respectfully prays that the writ of replevin

issue directing the Sheriff or any other authorized officer to take possession
of the car and dispose of it in 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]

4. Complaint to set period of years for lease

Branch 161, Pasig City
NANG UUPA,
Plaintiff,
- versus -
NAGPA PAUPA,
Defendant.
x ---------------------- x
COMPLAINT
[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).
[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.

[Address]

B. Answer with affirmative defense and counterclaim
1. Answer with compulsory counterclaim
[1] Regional Trial Court

Branch 33, Quezon City
ALIS DI-YAN COMPANY,

Plaintiff,
Civil Case No. 2222
- versus - For : Ejectment
YOKO NGA,
Defendant.
x ----------------------------------- x
ANSWER
(With COUNTERCLAIM)
DEFENDANT, by counsel, respectfully states that:
Admissions/Denials
[2] 1. He admits the contents of paragraph 1 only insofar as his

personal circumstances but specifically denies the contents insofar as
plaintiff’s personal circumstances for 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:
6.1. Moral Damages amounting to One Million Pesos

(PHP1,000,000/00) because his name and reputation were
besmirched by this malicious and baseless suit.
6.2. Attorney’s Fees amounting to One Hundred Thousand

Pesos (P100,000.00) because he was compelled to secure
services of counsel to vindicate his legal rights.
[6] WHEREFORE, Defendant respectfully prays that judgment be

rendered in his favor by dismissing the Complaint and granting defendant’s
counterclaim by awarding defendant: (a) One Million Pesos as Moral
Damages, and (b) Fifty Thousand as Attorney’s Fees.
Other just and equitable reliefs are prayed for.
[7] Quezon City; 13 April 2007.

[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)

2. Answer with counterclaim and cross-claim
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 defendant’s counterclaim by awarding defendant
a. One Million Pesos (Php.1,000,000) as Moral Damages, and
b. Fifty Thousand Pesos (Php.50,000) as Attorney’s Fees.
3. In the event that defendant is made liable to plaintiff on the
Complaint, he further prays that co-defendant MANGGA GANTSO be
made liable to indemnify defendant in the same amount under the
Crossclaim.
[7] Quezon City; __________________.

[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)

C. Pre-trial Brief

LAKISA LAYAW,
Plaintiff,
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 defendant’s obligations to plaintiff and, second, a schedule of
payments.
II. BRIEF STATEMENT OF CLAIMS AND DEFENSES
2.1. Plaintiff seeks principally to recover the amount of Twenty Two

Million Eight Hundred Eighteen Thousand Nine Hundred Forty Eight Pesos
and Thirty Centavos (PHP22,818,948.30) with interest at twelve percent
(12%) arising allegedly from unpaid orders delivered to defendant variously
in 1989.
2.2. Defendant resists plaintiff’s claims based on a failure to state a

cause of action because of :
2.2.1. Plaintiff’s lack of personality to sue and, therefore,

not being the real party in interest under Rule 3, section 2 of
the 1997 Rules of Civil Procedure;
2.2.2. 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 attorney’s fees.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES
[3] 3.1. Defendant admits only those facts stated in her Answer, i.e.,
her personal circumstances, receipt of the demand letter dated January 5,
1997 and her reply to the demand letter.
3.2. Subject to a concrete proposal for stipulation of additional facts

from plaintiff during pre-trial or even thereafter, defendant admits no other
facts stated in the Complaint.
IV. ISSUES TO BE TRIED
[4] 4.1. Defendant submits that the following issues put forward by
plaintiff are subject to proof:
4.1.1. Plaintiff’s personality to seek legal relief;

4.1.2. Plaintiff’s entitlement to the amount claimed;
4.2. Defendant submits that the following issues she put forward are
subject to proof:
4.2.1. Plaintiff’s bad faith in filing this suit;

4.2.2. Defendant’s entitlement to the claims made in her
Compulsory Counterclaim as a result of plaintiff’s 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 plaintiff’s
claims in the course of trial as well as any other witnesses whose testimony
will become relevant to belie plaintiff’s witnesses, if necessary.
VI. RESORT TO DISCOVERY
[7] 6.1. Considering the relatively simple issues presented, defendant

does not intend to avail of discovery at this time.
6.2. Subject, however, to a concrete and reasonable request for

discovery from plaintiff, defendant reserves the right to resort to discovery
before trial.
RESPECTFULLY SUBMITTED.
Quezon City; 13 April 2007.

[Address]

Copy furnished:
Atty. MA BOLA

D. Motions
1. Motion to dismiss (with request for and notice of hearing)

LAKI ASSET COMPANY,

Plaintiff,
Civil Case No. 3333
DAMI UTANG CORPORATION,

Defendant.
x --------------------------------------- x
MOTION TO DISMISS
DEFENDANT, by counsel, respectfully moves to dismiss the Complaint

on the ground that the Complaint fails to state a cause of action as [1] THE
OBLIGATION SOUGHT TO BE ENFORCED BY PLAINTIFF IS NOT YET DUE AND
DEMANDABLE, as shown by the following:
[2] 1. Allegedly, plaintiff has failed to reach the quotas agreed upon
under the Marketing Agreement dated 1 January 2006; defendant now seeks
to collect the sum of TWO HUNDRED THOUSAND PESOS (P200,000.00),
representing the balance of the proceeds due plaintiff under the said
Marketing Agreement.
2. The contract is for one (1) year and defendant is given that same
period to reach the quota specified therein; the period of one (1) year has
not expired. Consequently, plaintiff’s claim is premature as there is yet no
breach of the Marketing Agreement until the period expires and the quota is
not attained. For this reason, plaintiff’s Complaint states no cause of action
and must be dismissed.
[3] WHEREFORE, defendant respectfully prays that the Complaint be

DISMISSED for failure to state a cause of action.

[Address]
[4] REQUEST FOR & NOTICE OF HEARING

Metropolitan Trial Court
Please submit the foregoing Motion to the Court for its consideration
and approval immediately upon receipt hereof and kindly include the same
in the court’s calendar for hearing on Friday, 27 April 2007 at 8:30 in the
morning.

ATTICUS FINCH
1 MockingBird Street
Timog Avenue, Quezon City
Please take notice that counsel has requested to be heard on Friday,

27 April 2007 at 8:30 in the morning.

2 The Firm
PLUS: [5] Proof of Service

2. Motion for leave of court to file pleading (with
explanation for service by registered mail)

SUPREME COURT
Manila
LAKI UTANG,
Petitioner,
G.R. No. ________
- versus -
DAMI LUPA,
Respondent.
x ------------------------- x
MOTION FOR LEAVE

OF COURT TO FILE REPLY WITH
MOTION TO ADMIT ATTACHED REPLY
PETITIONER, by counsel, respectfully states that:
[1] 1. Petitioner received a copy of respondent’s Comment to his

petition on 3 January 2006. The Comment contains several allegations of fact
and misinterpretations of the record that may mislead the court and need to
be corrected. For this reason, petitioner intends to file a Reply.
[2] 2. Under existing rules, a Reply can no longer be 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.
Quezon City for Manila; 5 January 2007.

Counsel for the Petitioner
[Address]
PLUS:
1. [4] Request for and Notice of Hearing
2. [5] Explanation for service by registered mail

3. Motion for judgment on the pleadings

LAKISA LAYAW,
Plaintiff,
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.

[Address]
PLUS:
2. [5] Proof of Service

4. Ex parte motion to set for pre-trial

LAKISA LAYAW,
Plaintiff,
- versus -
LAKISA HIRAP,
Defendant.
x ------------------------- x
EX PARTE MOTION TO SET CASE FOR PRE-TRIAL
[1] 1. On 1 June 2006, defendant submitted her Answer to the

Complaint, thereby causing the issues to be joined.
[2] 2. This case is, thus, ripe for pre-trial. Complying with Rule 18,
Section 1 of the 1997 Rules on Civil Procedure, plaintiff respectfully asks that
this case be set for pre-trial.
[3] WHEREFORE, plaintiff respectfully prays that this case be set for
pre-trial on a date convenient to this Honorable Court.

[Address]
[4] REQUEST AND NOTICE

Regional Trial Court
Please submit the foregoing to the Court for its approval immediately
upon receipt hereof.
Copy furnished:
MA. SSKA DERY

2 The Firm
Please take notice that counsel has requested for the approval of the
foregoing motion immediately upon receipt.

PLUS: [5] Proof of Service

5. Motion for postponement

DILA TORY,
Plaintiff,
- versus -
PASEN SYOSO,
Defendant.
x ------------------------- x
MOTION FOR POSTPONEMENT
1. This case is set for trial on 5 May 2007 at 8:30 in the morning.
[1] 2. On said date and time, the undersigned counsel will be unable
to appear before this Honorable Court as he has also been directed to appear
on this date and time before the Regional Trial Court of Makati City, Branch
139 for “People of the Philippines v. Bil Moko”, Criminal Case No. 009988,
where he is scheduled to terminate cross-examination of the prosecution’s
expert witness who will be available only on said date and time.
[2] 3. Without impugning the importance of these proceedings,

plaintiff respectfully submits that his attendance in the Makati case becomes
indispensable; otherwise, the accused in said case would be deprived of the
opportunity to confront and cross-examine a vital witness against her.
4. This motion is prompted only by the foregoing reason and not for
delay.
[3] WHEREFORE, plaintiff respectfully prays that the trial scheduled on

5 May 2007 be POSTPONED to another date convenient to this Honorable
Court.

[Address]
PLUS:

6. Motion for extension of time

DILA TORY,
Plaintiff,
- versus -
PASEN SYOSO,
Defendant.
x ------------------------------------ x
MOTION FOR EXTENSION OF TIME
1. He has been directed to file a Reply to defendant’s Answer by 10

May 2007.
[1 & 2] 2. The undersigned counsel, however, anticipates his inability

to file the Reply on or before the said due date because of the tremendous
pressure of other equally urgent professional work requiring the preparation
of pleadings and almost daily trial appearances before the various courts
within and outside Metro Manila. For this reason, the undersigned is
constrained to ask for an additional fifteen (15) days from 10 May 2007, or
until 25 May 2007, within which to submit plaintiff’s Reply.
3. This motion is not intended for delay but is motivated only by the
foregoing reason.
[3] WHEREFORE, plaintiff respectfully prays that he be granted an

additional fifteen (15) days from 10 May 2007, or until 25 May 2007, within
which to submit plaintiff’s Reply.

[Address]
PLUS:

7. Motion to declare defendant in default

ANAKIN SKYWALKER,
Plaintiff,
- versus -
PADME AMIDALA,
Defendant.
x ---------------------------------- x
MOTION TO DECLARE DEFENDANT IN DEFAULT
1. Plaintiff filed this Complaint against defendant on 1 March 2007;

summons were served on defendant on 20 March 2007, as indicated by the
Sheriff’s Return of even date, a copy of which is attached as ANNEX A.
[1 & 2] 2. Defendant’s reglementary period to file Answer ended on 5

April 2007; no motion for extension of such period was filed nor was any
granted motu proprio by this Honorable Court. Despite the lapse of time,
defendant has failed to answer the Complaint against her; plaintiff is entitled
to a declaration of default and the right to present evidence ex parte against
defendant.
[3] WHEREFORE, plaintiff respectfully prays that defendant be

declared in default and that plaintiff be allowed to present evidence ex parte
before the Clerk of Court acting as Commissioner.

[Address]
PLUS:

8. Motion to lift order of default

ANAKIN SKYWALKER,
Plaintiff,
- versus -
PADME AMIDALA,
Defendant.
x ---------------------------------- x
MOTION TO LIFT ORDER OF DEFAULT
DEFENDANT, by counsel, respectfully states that:
1. Five (5) days after service of summons and receipt of Complaint,

she filed a Motion to Dismiss on the ground that plaintiff’s claim is outside
the jurisdictional amount of this Honorable Court under the new Expanded
Jurisdiction Act and that the Complaint should properly be filed and tried
before the Metropolitan Trial Court. The Motion to Dismiss, which was
received by plaintiff’s counsel on 25 March 2007, was set for hearing on 10
April 2007, as indicated on the “Request for and Notice of Hearing”.
2. Without waiting for the hearing on the Motion to Dismiss, this

Honorable Court declared defendant in default on 7 April 2007 based solely
on plaintiff’s Motion, filed two (2) days after the supposed lapse of the
reglementary period, which, however, was tolled by the filing of a Motion to
Dismiss.
[1 & 2] 3. Under the circumstances, the order of default is 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
defendant’s default. Consequently, the order of default should be lifted.
[3] WHEREFORE, defendant respectfully prays that the Order of

Default against her be LIFTED and that this Honorable Court resolve her
Motion to Dismiss.

[Address]
PLUS:

E. Special Civil Actions
1. Certiorari (with Injunction and/or TRO), Prohibition and
Mandamus
a. Certiorari
(Caption and Title)
PETITION
[2] 1. (State capacity of petitioner and respondent/s, citizenship,

status and residence.)
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.

[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.”

b. Prohibition
(Caption and Title)
PETITION
[2] 1. (State capacity of petitioner and respondent/s, citizenship,

status and residence.)
2. (If applicable, 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 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).

[Address]


c. Mandamus
(Caption and title)
PETITION
[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.

[Address]


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
[1] 1. Plaintiff and defendants are all of legal age; plaintiff resides at
________________ while defendants reside at _______________ and
_______________, respectively, where they may be served with pertinent
notices.
[2] 2. On 1 June 2007, plaintiff found a Gold Rolex Oyster watch,

without knowing who its true owner is. The watch is now in plaintiff’s
possession. On or about 5 June 1999, 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.) JANG GEUN SUK

[Address]

b. Action to Quiet (or Remove Cloud on) Title
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
[1] 1. He is the special administrator of the estate of the deceased

DAMI LUPA.
[2] 2. The deceased, during his lifetime, executed a Deed of Sale of

real estate in favor of the respondent dated _____________, and particularly
described, as follows:
(Describe property)
covered by TCT No. 12345 in the Register of Deeds of Makati. The same is
annotated on the title as the only encumbrance thereon.
3. The sale is fictitious and the Deed of Sale is forged, as shown by a

judgment in Civil Case No. 2468, a copy of which is attached.
4. The existence of the alleged Deed of Sale is prejudicial and injurious

to the title of the lawful heirs of the deceased upon the said property. Equity
demands that the said Deed of Sale be surrendered and cancelled, as it is a
cloud upon the title of the deceased and his lawful heirs.
[3] WHEREFORE, petitioner respectfully prays that this Honorable

Court render judgment in the Estate’s favor by ordering the Deed of Sale
surrendered and cancelled and the cloud on Title No. 12345 removed.
[5] (Sgd.) JANG GEUN SUK

Counsel for Petitioner
[Address]

c. Action for Declaratory Relief
INA API,
Plaintiff,
- versus - Civil Case No. 2468
THE CITY COUNCIL

OF QUEZON CITY,
Defendant.
x --------------------------- x
COMPLAINT
[1] 1. Plaintiff is a Filipino citizen of legal age and resident of Quezon

City; defendant is the City Council of Quezon City, the duly-constituted
legislative body for Quezon City, its members may be served with notices at
Quezon City Hall.
[2] 2. On 1 August 1999, defendant City Council passed Ordinance No.

2345 making it unlawful to operate cellular phone units while inside a
moving vehicle and penalizing any violations with a fine of P1,000.00 for
each offense in addition to impounding of the cellular phone unit. The
relevant portions of the Ordinance are, as follows:
(Quote the relevant portions)
3. The above-quoted portion is ambiguous because it leaves

unfettered discretion to the authorities to stop even urgent and important
calls which may be made only while the person is in transit. It fails to
consider that, due to the worsening traffic conditions in Metro Manila,
majority of business is conducted in transit and over cellular phones.
Plaintiff is a lawyer who frequently has to dictate important pleadings over
the phone while in transit due to the worsening traffic condition. The
Ordinance appears to bar his doing so but plaintiff is unaware of the limits of
permissible action under the Ordinance.
4. Unless declaratory relief is granted, plaintiff will suffer grave and

irreparable injury because he is unsure of the instances when he may
lawfully use his cellular phone while in a moving vehicle and when such use
may lead to confiscation and a fine.
[3] WHEREFORE, plaintiff respectfully prays that this Honorable Court

grant declaratory relief and declare plaintiff’s rights and duties under the
Ordinance.
[5] (Sgd.) STRAWBERRY ARMADILLO

[Address]
d. Quo Warranto
(Caption and title)

COMPLAINT
[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.
[5] (Sgd.)STRAWBERRY ARMADILLO

[Address]

III. PLEADINGS AND OTHER LEGAL FORMS IN CRIMINAL
PROCEDURE
A. Complaint-Affidavit and Counter-Affidavit
1. Complaint-Affidavit

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 Homeowner’s 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. Ingay’s public and
defamatory utterance was clearly a reference to me and to no other.
5. Mr. Ma Ingay’s 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. Ingay’s use of the word “swindled” was deliberate as his
explanation and clarification a few utterances thereafter would show. Mr.
Ingay’s remarks are also very serious as they cast aspersions on my
reputation, character and very person before my peers and fellow
homeowners.
6. Mr. Ingay’s remarks have injured my name, reputation and

character before my neighbors and peers. While my name, reputation and
character are incapable of pecuniary estimation as these are the result of a
lifetime’s effort to build a name, reputation and character that my children
and their children can be proud to bear, Mr. Ingay cannot be allowed to
simply go scot-free 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

2. Counter-Affidavit

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 GULANG’s complaint.

There is no factual nor legal basis to charge me with estafa. The Complaint
must be dismissed. To rebut and contradict MA GULANG’s malicious lies, I set
forth the true circumstances leading to the transaction below:
4.1. Sometime last year, Ms. Gulang called the office of

the Mayor, looking for him; I informed her that he 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

Mayor’s Office; she met with Mr. Gantso inside the Mayor’s
office. They transacted business inside the Mayor’s 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 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.
TO THE TRUTH OF THE FOREGOING, I have signed this Statement on 3

February 2007.
[4] (Sgd.) MA LABO

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

B. Information and Complaint
1. Information (with Certificate of Preliminary Investigation
or Inquest)
a. Bigamy
(Caption)
PEOPLE OF THE PHILIPPINES,

Plaintiff,
Criminal Case No. 00567
- versus - For: Bigamy
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.
MA. ECHOSERA
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.
MA. ECHOSERA
SUBSCRIBED AND SWORN TO BEFORE ME this 9th day of August 2006

in Quezon City.
MA. KURA COTE

City Prosecutor
Bail Recommended: P10,000.00
b. Theft
(Caption)

Plaintiff,
- versus - For: Theft
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.
MA. ECHOSERA
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.
MA. ECHOSERA
SUBSCRIBED AND SWORN TO BEFORE ME this 9th of August 2006 in

Quezon City.
MA. KURA COTE

City Prosecutor

c. Attempted Rape
(Caption)

Plaintiff,
- versus - For: Attempted Rape
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,
causing the accused to flee from the premises without
completing all the acts of execution.
CONTRARY TO LAW with the aggravating circumstance of

dwelling.
MA. ECHOSERA
PLUS: Certification of Preliminary Investigation or Inquest

d. Frustrated Murder
(Caption)

Plaintiff,
- versus - For: Frustrated Murder
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.) MA. ECHOSERA

PLUS: Certification of Preliminary Investigation or Inquest

C. Motions
1. Motion to Quash Information

Plaintiff,
- versus - For: Theft
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.

Counsel for the Accused
[Address]
PLUS:

2. Motion to Quash Search Warrant
[1] (Caption)
Plaintiff,
- versus - Criminal Case No.

00022
For: Libel
VIG CHAN,
Accused.
x ---------------------------------------------- x
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.
[5] (Sgd.) MA TAPANG

Counsel for Accused
[Address]
PLUS:

3. Motion to Suppress Evidence
[1] (Caption)

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:
[list items]
[2] The motor vehicle seized does

not fall within the property that
may lawfully be seized.
4. On the occasion of the search, the searching party also “seized”

accused’s green Jaguar XJE with license plate, “No. 1", allegedly for being
subject of the offense. Thereafter, it was impounded and kept at the PNP
Motor Pool.
5. The motor vehicle cannot be subject of the offense as accused is

charged with libel. There is no relation between the motor vehicle and libel.

6. Moreover, the motor vehicle is not mala prohibita that would justify
a seizure thereof; neither could there be a seizure of evidence in plain view.
[3] WHEREFORE, it is respectfully prayed that all objects seized under

the void Search Warrant No. 1122 be declared INADMISSIBLE under the
exclusionary rule in Article III, section 3(2) in relation to Section 2 of the 1987
Constitution. Furthermore, it is prayed that the Green Jaguar XJE with license
plate “No. 1" be immediately returned to the accused.
[5] (Sgd.) MA TAPANG

Counsel for Accused
[Address]
PLUS:

4. Motion for Bail
[1] (Caption)

Plaintiff,
- versus - For: Murder
NAKA PIIT,
Accused.
x ------------------------------------------ x
MOTION FOR BAIL
[2] THE ACCUSED, by counsel, respectfully moves to be allowed bail

on the ground that the [3] prosecution’s evidence of his guilt is not strong. In
support, he respectfully submits the following:
1. The Information alleges that he raped the private complainant on

25 December 2005 at his residence in Quezon City. The prosecution’s own
evidence, however, belies this allegation as: (a) the medical certificate
(attached as ANNEX A to the Information) states that private complainant is
in a virgin state with no physical and outward signs of trauma; (b) the
medical certificate issued by the NBI doctor (attached as ANNEX B to the
Information) after a physical examination of the accused, two (2) days after
the alleged rape, shows that he is suffering from erectile dysfunction and has
been so afflicted for close to five (5) years now and (c) the sworn statements
of the private complainant conflict with and contradict each other such that
her credibility must be placed in doubt.
2. For these reasons, there is no basis to conclude that the accused

raped the private complainant as there is less than circumstantial evidence
of this fact. He is, thus, entitled to bail as a matter of right.
WHEREFORE, it is respectfully prayed that the accused be granted: (1)

a bail hearing, during which the prosecution should be directed to present its
evidence to show the strength of its evidence of the accused’s guilt, and (2)
thereafter, grant the accused reasonable bail.
Quezon City; 7 July 2007.
(Sgd.)KA DEREE
[Address]
PLUS: Request for and Notice of Hearing

D. Application for Bail
[1] (Caption)

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, accused-applicant will commit another crime. Moreover,
accused-applicant does not need any correctional treatment requiring
commitment to an institution.
[3] WHEREFORE, accused-applicant respectfully prays that her

application for probation be GRANTED and that she be placed under
probation under such terms and conditions necessary to attain and ensure
the objectives of the law and which, under the circumstances, are fair, just
and reasonable in the sound discretion of this Honorable Court.
Quezon City for Pasig City; 12 March 2007.

Counsel for Accused
[Address]
PLUS:
1. [4] Verification

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

Plaintiff,
- 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 signature–to prove that on the date and
time stated in the affidavit, the accused issued a post-dated check in the
amount of One Million Pesos (P1,000,000.00) which, on presentment for
payment, was dishonored for lack of insufficient funds; to prove authorship
and the authenticity of the sworn statement; and as part of the testimony of
the private complainant.
2. Exhibit B, the post-dated check dated 30 June 2004, issued by the

accused in the amount of One Million Pesos (P1,000,000.00); Exhibit B-1, the
dorsal side of the check with notation “DAIF”; Exhibit B-2, the signature of
accused on face of the check–to prove the issuance of the check, the amount
stated, the reason for dishonor and the identity of the issuer. The marked
copies of Exhibits A and B are already part of the record.
WHEREFORE, the prosecution respectfully prays that the foregoing

Exhibits be ADMITTED as proof of the facts therein stated and in support of
its case-in-chief and for all other relevant purposes.
MA KUPAL JUAN DELA CRUZ

Public Prosecutor Private Prosecutor
Copy furnished:
MITCH MCDEERE
Counsel for Accused

2. Comment/Opposition to Offer

Plaintiff,
- versus -
RECY DIVIST,
Accused.
x ------------------------------------------ x
COMMENT ON THE PROSECUTION’S

FORMAL OFFER OF EVIDENCE
THE ACCUSED, by counsel, respectfully oppose the Prosecution’s Offer

of Evidence for the following reasons:
1. Exhibit A, the sworn statement of ‘Alang Kaso, the private

complainant, and Exhibit A-1, his signature are INADMISSIBLE because the
private complainant was never presented to authenticate the document or
subjected to cross-examination, thus, the document is hearsay and
inadmissible.
2. Exhibit B, the post-dated check dated 30 June 2004, issued by the

accused in the amount of One Million Pesos (P1,000,000.00); Exhibit B-1, the
dorsal side of the check with notation “DAIF”; Exhibit B-2, the signature of
accused on face of the check are INADMISSIBLE for violation of the Best
Evidence Rule as the original check was never presented; and no basis for
the presentation of secondary evidence laid.
ACCORDINGLY, the ACCUSED respectfully submits that the

Prosecution’s Exhibits are INADMISSIBLE and must, thus, be EXCLUDED.

[Address]
Copy furnished:
MA. KUPAL
Public Prosecutor
MA. KURA COTE

Private Prosecutor

B. Demurrer to the Evidence
1. Criminal cases
(Caption)

Plaintiff,
- versus - For: Violation of PD
1866
ANAKIN SKYWALKER,
Accused.
x ---------------------------------------- x
DEMURRER TO THE PROSECUTION’S EVIDENCE
THE ACCUSED, by counsel, with leave of court previously obtained,

respectfully submits this Demurrer to the Prosecution’s 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.
JANG GEUN SUK

[Address]

2. Civil cases
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
- 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)
defendant’s 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.

[Address]

C. Notice of Lis Pendens

4th Judicial Region
Branch 71, Antipolo
DAMI LUPA,
Plaintiff,
Civil Case No. 007
- versus - For: Reconveyance
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.

[Address]
Copy furnished:
MA. DAYA COH


D. Appearance as Counsel

ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
- versus - For: Legal Separation
PADME AMIDALA,
Defendant.
x -------------------------------- x
ENTRY OF APPEARANCE

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.

No. 1, Imzadi Place
Tatooine, Pasig City
WITH MY CONFORMITY:
(Sgd.) PADME AMIDALA
Copy furnished:
MA DAYA COH

E. Withdrawal as Counsel
1. Withdrawal as Counsel
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
PADME AMIDALA,
Defendant.
x -------------------------------- x
WITHDRAWAL OF APPEARANCE

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.

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
PADME AMIDALA,
Defendant.
x -------------------------------- x
WITHDRAWAL OF APPEARANCE

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.

1 Imperial Palace, Cloud City, Pasig City

F. Substitution of Counsel
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
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.
JUAN DELA CRUZ

2 Corruscant Place
Tatooine Road, Pasig City
WITH MY CONFORMITY:
(Sgd.) PADME AMIDALA
G. Notice of Appeal

Branch 1, Manila
TALO NAN,
Plaintiff,
- 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.

[Address]
Copy furnished:
MITCH CATHEE

V. PLEADINGS AND LEGAL DOCUMENTS ON DOMESTIC CASES AND
SPECIAL PROCEEDINGS
A. Petition for Habeas Corpus

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
1. Petitioner is the mother of the minors Luke and Leia Skywalker, who
were born out of the valid marriage between petitioner and respondent
Anakin Skywalker.
2. The marriage failed and petitioner has been living separately from
respondent since 2004. Sometime in February 2007, respondent, unknown to
petitioner, abducted the minor children and has kept them incommunicado
and out of petitioner’s reach.
3. Being below seven (7) years of age, custody of the minors is

naturally presumed to belong to petitioner, as their mother. Consequently,
respondent’s refusal to allow petitioner to regain custody over the minors is
unlawful and unjustified.
WHEREFORE, petitioner respectfully prays that a writ of habeas corpus

issue directing respondent to make a return showing his legal authority to
detain the minor children, subject of this petition, and thereafter, present the
minor children personally before the Court on a date and time it chooses.
JANG GEUN SUK

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

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.
(Sgd.) MASTER YODA

[Address]

C. Petition for Declaration of Nullity of Marriage with
Application for Provisional Orders
[Caption and Title]
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 petitioner’s and respondent’s
mutual psychological incapacity to fulfill and discharge their respective
marital obligations to each other, which existed at the time of the marriage
in 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 name]. Despite several attempts, respondent
refuses to agree to any sober and productive discussion with petitioner and
is always highly emotional and angry, it was, thus, impracticable to secure a
psychological report and profile of respondent; should this become material,
petitioner reserves the right to request respondent to submit to a
psychological examination for purposes of confirming the mutual
psychological incapacity to remain married to each other.
7. Petitioner’s psychological incapacity is described in clinical terms

as being consistent with a V61.1 Partner Relational Problem and is said to
have “Masochistic Personality Disorder” or “301.9 Personality Disorder Not
Otherwise Specified”; on the other hand, the assessment given by the
psychologist of respondent’s psychological make-up is that he has a “301.20
Schizoid Personality Disorder with narcissistic features” which is described as
“grave, incurable and has antecedents.” The psychological make-up of
petitioner and respondent is explained in greater detail in the Clinical
Assessment Report (“Report”) dated 28 December 2006, a copy of which
is attached as ANNEX E.
8. Their minor children are in petitioner’s custody and are being

supported by her financially and emotionally.

9. Petitioner submits that, despite the parties’ mutual psychological
incapacity to remain married to each other, the interests of the children are
best served by having them remain in her custody, with visitation rights
extended to respondent. All of the children are minors and, under the law,
children under seven (7) years of age shall not be separated from the
mother, save for exceptional circumstances which do not exist in this case.
10. Petitioner cannot, however, provide for all the financial needs of
the children as she is only earning a limited amount of money from her work
whereas respondent is gainfully employed and earns more than enough for
his own personal needs. Petitioner earns only (state amount) from her work
as shown by her payslip attached as ANNEX F whereas respondent earns
(state amount) from his work as shown by his payslip attached as ANNEX G.
The common property of petitioner and respondent is insufficient for the
support of the children. Respondent must, thus, be 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 respondent’s visitation rights;
[3] Awarding support in the amount of (state amount) subject to

adjustments to be made depending on changes in earning
capacity and needs of the children.
All other just and equitable reliefs are also prayed for.
(Sgd.) MA. COLITE

[Address]

D. Petition for Probate of a Holographic Will

Branch 30, San Juan
RE: PROBATE OF THE HOLOGRAPHIC

WILL OF PABLING SIA.,
SP PROC. No. 0023
PALING KERA,
Petitioner,
x ------------------------------------ x
PETITION
1. Petitioner is a Filipino citizen and the widow of the deceased.
2. On 16 August 2006, PABLING SIA died, having previously executed

a holographic will in his own handwriting and in a language known to him. A
copy of the will is attached as ANNEX A. The handwriting may be attested to
as his by his secretary of long standing, TOM CRUZ.
2. The deceased left a house and lot located at No. 555, Tuna Road,
Marinara Subdivision, Quezon City and cash amounting to Fifty Thousand
Pesos (P50,000); he had no debts.
3. The deceased’s only heirs are herein petitioner and their son,
PABLING SIA JR., both of whom are residing at No. 555, Tuna Road, Marinara
Subdivision, Quezon City.
WHEREFORE, it is respectfully prayed that after due notice and

publication this Honorable Court fix the date for the probate of the
holographic will and that letters of administration be issued in favor of the
herein petitioner and thereafter adjudicate the properties of the deceased in
accordance with the said holographic will.
(Sgd.) ASSAR TALLO

[Address]

VI. DEEDS, CONTRACTS AND OTHER CORPORATE LEGAL
DOCUMENTS
A. Special Power of Attorney
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
I, JUAN DELA CRUZ, 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.

Principal
SIGNED IN THE PRESENCE OF:
(Sgd.) R2D2
(Sgd.) C3PO
Acknowledgment
B. General Power of Attorney
GENERAL POWER OF ATTORNEY

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
(Sgd.) R2D2
(Sgd.) C3PO
Acknowledgment

C. Contract of Lease
CONTRACT OF LEASE
This Agreement made and entered into at Makati this 7th day of July
2007 by and between DAMI BAHAY, of legal age, married to ASA WA,
(LESSOR) and resident of Makati City, and ALANG BAHAY, of legal age, single
and resident of Quezon City (LESSEE), WITNESSETH that:
1. In consideration of a monthly rental of FIVE THOUSAND PESOS

(P5,000.00) and the covenants made below, the LESSOR hereby LEASES to
the LESSEE an apartment located at 199 San Antonio Village, Makati City
covered by Tax Declaration No. 001 (Makati City Assessor’s Office) for a
period of TWELVE (12) MONTHS from signing of this contract.
2. The LESSEE covenants, as follows:
2.1. To pay the rentals on or before the fifth day of each

month, without need of demand at the residence of LESSOR;
2.2. To keep the premises in good and habitable condition,

making the necessary repairs and painting inside and outside
the house;
2.3. Not to make major alterations and improvements

without the written consent of the LESSOR and in the event of
such unauthorized major alterations and improvements,
surrendering ownership over such 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 ANG BAHAY

Lessor Lessee
With my consent:
ASA WA
Acknowledgment
BEFORE ME, a Notary Public for Makati City, personally appeared on

the 7 of July 2007, the following persons, with their respective CTC details
th
indicated below:
DAMI BAHAY CTC No. ____________ issued at/on

ALANG BAHAY 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.

D. Holographic Will
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.
E. Notarial Will
LAST WILL AND TESTAMENT

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

F. Attestation Clause for a Notarial Will
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 Residence
SAKSI 2 Residence
SAKSI 3 Residence
G. Acknowledgment of a Notarial Will
JOINT ACKNOWLEDGMENT
BEFORE ME, Notary Public for and I the City of San Juan, Philippines,
this 7 day of July, 2007, personally appeared:
th
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;


all known to me to be the same persons who signed the foregoing Will, the
first as testator and the last three as instrumental witnesses, and they
respectively acknowledged to me that they signed the same as their own
free act and deed.
This Will consists of ___ pages, including the page in which this
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.

H. Donation Inter Vivos
DEED OF DONATION
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
(Sgd.) MIRON 1
(Sgd.)MIRON 2
PLUS: Acknowledgment

I. Acknowledgment of Nominee Status with Assignment of
Shares
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. Director’s fees and other amounts received by way of

compensation for services rendered by the nominee shall be for
the account and benefit of the nominee.
3. The principal shall save the nominee free and harmless from
any liability, whether for unpaid subscriptions, taxes or
otherwise, that may arise as a result of the nominee’s holding
title to the subject shares for and on behalf of the principal.
4. The nominee hereby assigns, transfers, and conveys the

subject shares to the principal free from all liens and
encumbrances and hereby undertakes to execute the necessary
instruments to transfer title over the subject shares to the
principal or to whoever the latter may designate.
5. This acknowledgment of nominee status shall bind the

nominee’s heirs, executors, administrators and other successors-
in-interest.
Done this 7th day of July 2007 at Quezon City.
GEORDI LA FORGE
Nominee
WITH MY CONFORMITY:
WILLIAM RIKER
Principal
WITNESSES:
(Sgd.) UZI 1
(Sgd.) UZI 2

J. Secretary’s Certificate
SECRETARY’S 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
K. Board Resolutions
1. Authority to Act
Board Resolution No. ___
RESOLVED, that Mr. Jean-Luc Picard, as Chairperson and

Chief Executive Officer of Enterprise Holdings be authorized, as
he is hereby authorized, to enter into any and all transactions
with the representatives of the Ferengi Trade Federation, as may
prove to be beneficial to the corporation in his own opinion and
determination.
Approved and adopted this 7th day of July, 2007 at Makati City,
Philippines.
(Name of Directors)
2. Increase in number of directors and necessary

amendment to the Articles of Incorporation
Board Resolution No. ___
RESOLVED, by a vote of stockholders representing more

than 2/3 of the subscribed and paid up capital stock, to
INCREASE the number of Directors of the Corporation from five
(5) to seven (7) and to AMEND the Articles of Incorporation to
reflect this increase.
Approved and adopted this 7th day of July, 2007 at Makati City,
Philippines.
(Name of Directors)

L. Deed of Assignment
DEED OF ASSIGNMENT
I, DAMI SHARES, of legal age, Filipino and resident of ________________,

for and in consideration of the sum of ____________________ Pesos (P_____),
receipt of which is hereby acknowledged do hereby assign, cede, transfer
and convey unto DAMI LUPA, likewise of legal age, and resident of
______________, all his/her rights, title, ownership and interest over its
subscription to One Hundred Thousand (100,000) shares of the capital stock
of _________ Corporation, including advances due from said corporation. It is,
however, understood that the assignee shall assume any and all unpaid
subscription on the said shares.
The assignor hereby irrevocably constitute, name and appoint the

assignee to be his/her true and lawful attorney-in-fact to make
representations with the corporate secretary and to cause the annotation of
this assignment in the books of the corporation.
IN WITNESS WHEREOF, the assignor has signed this deed on 7th day of
July, 2007 at the City of Manila.
DAMI SHARES
Assignor
(Sgd.) MIRON 1
(Sgd.) MIRON 2

M. Deed of Sale of Registered Land (unilateral)

Makati City ) s.s.
DEED OF ABSOLUTE SALE
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.
IN WITNESS WHEREOF, I have signed this deed this 7th day of July,
2007 at Makati City.
MA YA MAN
Vendor
[Note: if vendor is married, marital consent must be secured; thus, the Deed
must also indicate this. If vendor is married, then add the following:]
With my consent:
ASA WA
Vendor’s Wife
(Sgd.) MIRON 1
(Sgd.) MIRON 2

N. Deed of Sale of Unregistered Land (unilateral)

Makati City ) s.s.
DEED OF ABSOLUTE SALE
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.
MA YA MAN
Vendor
With my consent:
ASA WA
Vendor’s Wife
(Sgd.) MIRON 1
(Sgd.) MIRON 2

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

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.
MA YA MAN MA GU LANG
Vendor Vendee
With my marital consent: With my marital

consent:
ASA WA BA TAPA
(Sgd.) MIRON 1
(Sgd.) MIRON 2

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

Makati City ) s.s.
DEED OF RESALE
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 7th of July, 2007 at
Makati City.
MA GU LANG
Vendor
With my consent:
BA TAPA
Vendor’s Wife
(Sgd.) MIRON 1
(Sgd.) MIRON 2

Q. Deed of Sale with Mortgage

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 VENDEE-MORTGAGOR to the VENDOR-MORTGAGEE at
the latter’s residence, as follows:
(State manner of payment)
In order to guarantee the fulfillment of the above obligations, the

VENDEE-MORTGAGOR does hereby MORTGAGE unto the said VENDOR-
MORTGAGEE, his heirs and assigns, the property described, together with all
the buildings and improvements thereon, under the express stipulation that
if the said VENDEE-MORTGAGOR shall pay or cause to be paid unto the
VENDOR-MORTGAGEE the obligations, then this Mortgage shall be of no
further force and effect; otherwise, the same shall remain in full force and
effect and shall be enforceable in the manner prescribed by law.
MA YA MAN MA GU LANG
Vendor Vendee

With my consent: With my consent:
ASA WA BA TAPA
Vendor’s Wife Vendee’s Wife
(Sgd.) MIRON 1
(Sgd.) MIRON 2

R. Dacion en Pago (Deed of Assignment of Real Estate in
payment of debt)
DEED OF ASSIGNMENT
This Deed of Assignment, made and executed by and between DAMI

UTANG, Filipino, of legal age, married to ALANG MALAY, with residence at
_____________ (ASSIGNOR) and DAMI LUPA, Filipino, of legal age, married to
BIL MOKO, with residence at _______________ (ASSIGNEE), WITNESSETH:
That the ASSIGNOR is indebted to the ASSIGNEE in the sum of

___________ Pesos (P______) and in full payment and complete satisfaction
thereof hereby assign, transfer and convey unto the ASSIGNEE that certain
real estate with all the buildings and improvements thereon, situated in
___________, and more particularly described as follows:
(Description of property assigned)
of which real estate the ASSIGNOR is the registered owner, his title thereto
being evidenced by Transfer (or Original) Certificate of Title No. ____________
of the Register of Deeds of _____________.
That the ASSIGNEE does hereby accept this assignment in full payment
of the above-mentioned debt of ______________ Pesos (P_________).
IN WITNESS WHEREOF, the parties have signed this Deed on 7 July

DAMI UTANG DAMI LUPA

Assignor Assignee
With my marital consent:

ALANG MALAY BIL MOKO
Assignor’s Wife Assignee’s Wife

S. Chattel Mortgage

Makati City ) s.s.
CHATTEL MORTGAGE
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 : BMW 738i (1998), racing

green;
Chassis No. : 00000001111;
Engine No. : 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
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

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)
b. From RTC (in original jurisdiction) to CA

Checklist:
• 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)
• Appellant’s 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:
• Appellant’s Brief/Memorandum
• Appellee’s Brief/Memorandum
b. From RTC (as trial court) to CA

Checklist:

c. From RTC (as trial court) to SC
Checklist:

B. Petitions for Review
1. From RTC (as appellate court) or from quasi-judicial
agencies to CA
Checklist:
• extension of 15 days only
• Full names of petitioner and respondent
• Statement of Material Dates
• Statement of Material Averments
• Statement of Issues, Errors of Fact or Law
• Argument
• Verification and Certification against Forum Shopping
• Attachments
o Certified true copy or duplicate original copy of judgment/final
order questioned
o Clear and legible copy of all pleadings and other material
portions of the record
• Proof of Service and Explanation for Service by Registered Mail
(if applicable)
2. From RTC (on pure questions of law) or CA (in appellate

jurisdiction) to SC
Checklist:
• 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)

Sui Generis Legal Forms PDF

Transféré par

Informations du document

Titre original

Copyright

Formats disponibles

Partager ce document

Partager ou intégrer le document

Options de partage

Avez-vous trouvé ce document utile ?

Ce contenu est-il inapproprié ?

Droits d'auteur :

Formats disponibles

Sui Generis Legal Forms PDF

Transféré par

Droits d'auteur :

Formats disponibles

SUI GENERIS EXCLUSIVE NOTES

LEGAL FORMS AND WRITING

JANEIT MORALLOS PAJILA

LEGAL FORMS AND WRITING JANEIT PAJILA 1

II. PLEADINGS AND OTHER LEGAL DOCUMENTS IN CIVIL PROCEDURE

III. PLEADINGS AND OTHER LEGAL FORMS IN CRIMINAL PROCEDURE

LEGAL FORMS AND WRITING JANEIT PAJILA 2

IV. PLEADINGS AND OTHER LEGAL DOCUMENTS COMMON TO CIVIL

V. PLEADINGS AND LEGAL DOCUMENTS ON DOMESTIC CASES AND

VI. DEEDS, CONTRACTS AND OTHER CORPORATE LEGAL

LEGAL FORMS AND WRITING JANEIT PAJILA 3

VII. APPEALS AND OTHER RESORTS TO APPELLATE COURTS IN

LEGAL FORMS AND WRITING JANEIT PAJILA 4

Republic of the Philippines

WHEREFORE it is respectfully prayed, after notice and hearing, that the

Other just and equitable reliefs are also prayed for.

SUBSCRIBED AND SWORN TO before me in the City of _______________

(Sgd.) JUAN CRUZ

LEGAL FORMS AND WRITING JANEIT PAJILA 5

Republic of the Philippines )

(Sgd.) JUAN DELA CRUZ

NOTE: Pleadings required to be verified

E. Certification against Forum Shopping

CERTIFICATION AGAINST FORUM SHOPPING

Republic of the Philippines )

(Sgd.) JUAN DELA CRUZ

LEGAL FORMS AND WRITING JANEIT PAJILA 6

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, C.K. Hilfiger, of legal age, do hereby state that: I am the Chief

IN WITNESS WHEREOF, I have signed this instrument on _____________.

(Sgd.) JUAN DELA CRUZ

G. Combined Verification, Certification against Forum

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

IN WITNESS WHEREOF, I have signed this instrument on _____________.

(Sgd.) JUAN DELA CRUZ

H. Request for and Notice of hearing

REQUEST FOR & NOTICE OF HEARING

THE BRANCH CLERK OF COURT

(Sgd.) JUN CRUZ

I. Proof of personal service

Copy furnished through personal service:

Atty. Mitch McDeere

J. Proof of service by registered mail (with Explanation for

Copy furnished through registered mail:

The foregoing (designation of pleading, motion, etc.) and its

(Sgd.) JANG GEUN SUK

Republic of the Philippines )

That on ______________________, I served a copy of the following

LEGAL FORMS AND WRITING JANEIT PAJILA 8

TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on 13

(Sgd.) JUAN DELA CRUZ

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

City of Manila, 13 April 2007.

Atty. Mitch McDeere

LEGAL FORMS AND WRITING JANEIT PAJILA 9

Republic of the Philippines )

IN WITNESS WHEREOF, I have set my hand and affixed my Notarial seal

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

This instrument, consisting of ___ pages, including the page on which

NOTE: If the instrument conveys 2 or more parcels of land, include the

LEGAL FORMS AND WRITING JANEIT PAJILA 10

Quezon City, 2 May 2007.

(Sgd.) MITCH MCDEERE