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MOST FREQUENTLY ASKED BAR QUESTIONS

CONTRACTS OR AGREEMENTS

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


Question No. 1:
Prepare a contract of lease of an apartment unit for P5,000.00 a month between Mr. Jesus
Santos as lessor and Mrs. Olivia Palpallatoc as lessee, for a period of twenty four (24) months. Supply
the other facts required in a contract of lease. Include an acknowledgment.

Answer:

CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

For and in consideration of the prestations and agreements hereunder stated, JESUS SANTOS,
Filipino citizen, residing at No. 40 Limon Street, Quezon City, hereinafter referred to as the LESSOR hereby
LETS and LEASES unto Mrs. OLIVIA PALPALLATOC, Filipino citizen, married to Juan Palpallatoc, resident of
No. 40, Kitanlad, Quezon City, and hereinafter referred to as the LESSEE, that apartment unit located at
No. 20 Kitanlad, Quezon City, covered by TCT No. 14789 of the Registry of Deeds, Quezon City, of which the
LESSOR is the registered owner.

1. The term of the lease shall be twenty-four (24) months starting from the date of execution of
this instrument, without any extension or renewal;
2. The rentals shall be P5,000.00 a month, payable within the first 10 days of each ensuing month;
3. In addition, the LESSEE shall deposit the amount equivalent to two (2) months rent to answer
for whatever damages that may be caused to the leased premises, ordinary wear and tear
excepted;
4. That the LESSEE shall use the said apartment for residential purposes only.
5. The LESSEE shall not sublease the premises without the written consent of the LESSOR, and
neither shall she assign her leasehold rights without such consent of the LESSOR;
6. Expenses for water, electricity, gas and telephone charges shall be for the account of the
LESSEE;
7. Any improvements introduced by the LESSEE on the leased premises shall become property of
the LESSOR upon the termination the lease, without right of reimbursement from the latter;
8. At the termination of the lease, the LESSEE shall peaceably surrender the leased premises to
the LESSOR without any demand, oral or written.

IN WITNESS WHEREOF, the parties have signed this instrument at Quezon City, Philippines, on this
30th day of September, 2004.
EXERCISES
RED NOTES IN PRACTICAL

JESUS SANTOS OLIVIA PALPALLATOC


Lessor Lessee

With my marital consent:


Husband

Signed in the presence of:

ROBERT CHAVEZ CHRISTIAN ONG


Witness Witness
REPUBLIC OF THE PHILIPPINES)
QUEZON CITY ) S.S.
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ACKNOWLEDGMENT

CHATTEL MORTGAGE (1999, 1997)


Question No. 2:
Document a chattel mortgage covering a motor vehicle.

Answer:
CHATTEL MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

That I, Wendy Dayandayan, of legal age, married and resident of the City of Manila for and in
consideration of the loan of FIFTY THOUSAND PESOS (P50,000.00), Philippine Currency, granted to me by
Rem Tugadi, likewise of legal age, married and resident of the City of Manila, to be paid one year after date
with 6% interest per annum from date hereof, have transferred and conveyed by way of chattel mortgage
unto said Rem Tugadi, his heirs, successors and assigns, free from all liens and encumbrances, that certain
motor vehicle at present in my possession in my aforementioned address, more particularly described as
follows:

(Description of motor vehichle)

of which I am the true and absolute owner, my title thereto being evidenced by Registration Certificate of
Motor Vehicle issued in my name by the Land Transportation Office, Quezon City on January 10, 2002.

This chattel mortgage is being executed in order to secure the full and faithful payment of the
aforementioned obligation in accordance with the terms and conditions of this instrument. The condition of
this mortgage is such that if the said MORTGAGOR, his heirs, executors, or administrators shall well and
truly perform the full obligation above stated, then this contract shall become null and void; otherwise, it
shall continue to be in full force and effect and may be foreclosed in accordance with law.

IN WITNESS WHEREOF, I have hereunto set my hand on this instrument, in the City of Manila, this
28th day of September 2003.

WENDY DAYANDAYAN
(Mortgagor)
Signed in the presence of:

CATHERINE BULSECO RICA DURAN


SAN BEDA COLLEGE OF

ACKNOWLEDGMENT
AFFIDAVIT OF GOOD FAITH

We, the undersigned MORTGAGOR and MORTGAGEE, severally swear that the foregoing chattel
mortgage is made and executed for the purpose of securing the obligation specified therein, and for no
other purpose, and that the same is a just and valid obligation, and one not entered into for the purposes
of fraud.

WENDY DAYANDAYAN REM TUGADI


(Mortgagor) (Mortgagee)
JURAT
LAW

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


Question No. 3:
Harry Dy, married to Margaret Dy, sold their parcel of land located in Ayala Heights, Quezon
City to Stephanie Uy for the amount of P5,000,000.00. The land is more particularly described in
Transfer Certificate of Title No. 45678 in the Registry of Deeds of Quezon City. The parties agreed that

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all expenses for taxes, registration, transfer and association dues are for the account of Stephanie Uy.
Prepare the contract of sale. Use a fictitious name for the notary public.

Answer:
DEED OF ABSOLUTE SALE OF REAL PROPERTY

KNOW ALL MEN BY THESE PRESENTS:

For and in consideration of the sum of FIVE MILLION PESOS (P5,000,000.00), Philippine currency,
receipt of which is hereby acknowledged, I, HARRY DY, married to MARGARET DY, Fiipino citizen, of legal
age, and resident of No. 12 San Andres, Manila, hereinafter known as VENDOR, hereby SELL, TRANSFER AND
CONVEY unto STEPHANIE UY, widow, Filipino citizen, of legal age and resident of 15 CM Recto Street,
Quezon City, hereinafter known as VENDEE, that certain parcel of land located at Ayala Heights, Quezon
City, with an area of 500 square meters, more or less, covered by Transfer Certificate of Title No. 341342
of the Registry of Deeds of Quezon City, free from all liens and encumbrances. The VENDEE undertakes to
pay all taxes, registration, transfer fees, village association dues, and all other expenses attendant to the
registration of this deed and transfer of the property in her name.

IN WITNESS WHEREOF, we have hereunto signed this deed of absolute sale in Quezon City on this
29th day of September 2002.

HARRY DY STEPHANIE UY
Vendor Vendee

With my Marital Consent:


(Sgd) MARGARET DY
Signed in the presence of:

HEART EVANGELISTA ANNE CURTIS

ACKNOWLEDGMENT

RELEASE AND WAIVER (1987)


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

Answer:

RELEASE AND WAIVER

I, Brandy Pitt, Filipino citizen, of legal age and resident of 7 Kitanlad, Quezon city, after having
been duly sworn in accordance with law hereby state:

1. That as a result of a motor vehicle accident which occurred on November 1, 1987 in Quezon City,
when I was hit by a car driven by Jenny Aniston and owned by Sharon Olba, I filed a criminal and
civil complaint against both Jenny Aniston and Sharon Olba in the Regional Trial Court of Quezon
City;

2. That after verifying the facts, I realized that said Jenny Aniston was not altogether reckless in
driving said vehicle;
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3. That in order to settle the case amicably and since the owner of the car Sharon Olba had offered to
pay the sum of P10,000 for all the medical expenses and the losses that I sustained, which I hereby
acknowledge, I am withdrawing my complaint in both civil and criminal cases filed in the Regional
Trial Court of Quezon City (Civil Case No. 497 and Criminal Case no. 5179);

4. That by virtue thereof, I hereby waive any and all claims, criminal or civil, against said person, and
further release and discharge them from any and all liability.

IN WITNESS WHEREOF, I have hereunto set my signature this 27 th day of November, 1987.
Quezon City, November 29, 1987.

BRANDY PITT

JURAT

SPECIAL POWER OF ATTORNEY (1986, 1992)


Question No. 5:
Prepare a special power of attorney for Mr. John Cruz, Filipino, married and a resident of Jolo,
Sulu, empowering Bea Lucero, Filipino, married and a resident of No. 5 Santolan Street, Quezon City,
to collect for one year starting March 1, 1987 Mr. Cruzs pension checks from the Social Security
System, SSS Building, Quezon City, and to encash and pay the proceeds of the pension checks to Blue
Chips Corporation, with offices at Quezon Circle, Diliman, Quezon City, until the full amount of
P12,000.00 has been paid.

Answer:

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

That I, JOHN CRUZ, of legal age, Filipino, married and a resident of Jolo, Sulu have named,
constituted and appointed and by these presents, do hereby name, constitute and appoint BEA LUCERO, of
legal age, Filipino, married and a resident of No. 5, Santolan Street, Quezon City , to be my true and lawful
attorney-in-fact, for me and in my name, place and stead, do and perform the following:

1. To collect for the next 12 months, starting March 1, 1987, my pension checks from the Social
Security System, SSS Building, Quezon City;
SAN BEDA COLLEGE OF

2. To encash the said checks and pay the proceeds thereof to Blue Chips Corporation, located at
Quezon Circle, Diliman, Quezon City, until the full amount of P12,000 is fully paid to the latter.

Hereby giving and granting unto my said attorney-in-fact power and authority to do every act
necessary and requisite in connection with the foregoing premises, hereby ratifying and confirming all that
he may do by virtue of these presents.

IN WITNESS WHEREOF, I have hereunto set my signature this 1 st day of March, 1987.

JOHN CRUZ
LAW

Signed in the presence of:

MIKE ARROYO GLORIA RAMOS

ACKNOWLEDGMENT

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WILLS AND TESTAMENT

HOLOGRAPHIC WILL (1986, 1988)


Question No. 6:
You are Paolo Bondoc, a resident of Vigan, Ilocos Sur. Prepare a simple Holographic Will
disposing of all your properties, whether real, or personal, or mixed, in favor of your wife Nina Bondoc
and your two children, Jimmy Bondoc and Kyla Bondoc.

Answer:

NOTE: The following sample of holographic will should be understood as entirely handwritten, dated and
signed.

In the name of God, Amen.

I, Paolo Bondoc, resident of Vigan, Ilocos Sur, sixty years of age, and of a sound and disposing
mind, hereby declared this to be my last will and testament;

1. I give and devise to my children, Jimmy Bondoc and Kyla Bondoc, pro indiviso, my fishpond in
Malabon City and covered by Certificate of Title No. 4572842, of the Register of Deeds of the
City of Malabon;

2. The net residue of my estate, real and personal, after payment of just debts, I give, bequest
and devise to my wife, Nina Bondoc.

Vigan, Ilocos Sur, December 3, 1986.

Paolo Bondoc

PETITION FOR PROBATE OF THE HOLOGRAPHIC WILL (1988)


Question No. 7:
Draft a petition for the probate of Don Mando Paquiaos will.

Answer:

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch I, Manila
EXERCISES
RED NOTES IN PRACTICAL

SP. Proceedings No. 1

IN RE: PETITION FOR THE PROBATE OF THE HOLOGRAPHIC WILL OF MANDO PAQUIAO,
MELDA PAQUIAO, PETITIONER

COMES NOW, the petitioner through undersigned counsel, and to this Honorable Court respectfully
alleges:

1. That petitioner is a Filipino citizen, residing at No. 4 Taft Avenue, Manila and the widow of the deceased
MANDO PAQUIAO;

2. That on December 1, 1987, MANDO PAQUIAO died in Manila, where he last resided;
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3. That on September 30, 1987 he executed a holographic will in his own handwriting in English, a language
known to him. A copy of said holographic will is hereto attached as Annex A, as his last will and
testament;

4. That said will can be attested to as the handwriting of the testator by Crisha Pagat, who was her private
secretary for a period of 17 years;

5. That the deceased left only two properties namely a lot and house located at Taft Avenue and an
apartment located at Remedios Street, Manila;

6. That he left as his only heirs the herein petitioner as his widow and his son Casimiro both of whom are
residing at No. 4 Taft Avenue, Manila;

7. That the deceased left no debts.

WHEREFORE, it is respectfully prayed that after due notice and publication this Honorable Court fix
the date for the probate of said holographic will and that letters of administration be issued in favor of the
herein petitioner and thereafter the properties of the deceased be adjudicated in accordance with the said
holographic will.

Manila, January 7, 1988.

RAPHAEL VILLEGAS
Counsel for the Petitioner
123 Corazon Bldg., Manila
IBP No. 112098; 1/2/1988; Manila
PTR No. 042979; 1/5/1988; Manila
Roll of Attorneys No. 12344

VERIFICATION
CERTIFICATION OF NON-FORUM SHOPPING

NEGOTIABLE INSTRUMENTS

PROMISSORY NOTE (1991, 1994)


Question No. 8:
SAN BEDA COLLEGE OF

Carlo Rosales asks you to prepare a negotiable promissory note wherein the promissor, Vivian
Castro, binds herself to pay a loan of P50,000.00 in five (5) equal monthly installments commencing on
October 1994, payable not later than the 20 th day of each month, with interest at ten percent (10%)
per annum. He wants you to include an acceleration clause, and stipulations regarding attorneys fees
of P5,000.00 in the event of suit to enforce the note and on venue of action which shall only be in the
appropriate court in Cebu City. Prepare the requested promissory note.

Answer:

October 1, 1994
P50,000.00 Cebu City, Philippines
LAW

I, Vivian Castro, Filipino citizen, of legal age and resident of Manila promise to pay Carlo Rosales or
order the sum of P50,000.00 in five equal monthly installments commencing on October 1, 1994, payable
not later than the 20th day of each month, with compounded interest at ten percent (10%) per annum; that
in the event that I fail to pay any of the monthly payments, the entire balance shall immediately become
due and payable; and that in the event of a suit to enforce the promissory note, I promise to pay P5,000.00
as attorneys fees; and that said action shall be filed in an appropriate court in Cebu City.

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VIVIAN CASTRO
(Maker)

PLEADINGS AND MOTIONS

ANSWER (1976, 1984)


Question No. 9:
Prepare an answer to a complaint denying the genuineness and due execution of the document
upon which the cause of action in the complaint was based.

Answer:

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 1, Manila

RICKY MARTIN,
Plaintiff,

- versus -

BRITNEY AGUILLERA,
Defendant.
x ---------------------------------------------- x

ANSWER

COMES NOW defendant, by the undersigned Counsel, and answering the plaintiffs complaint,
respectfully alleges:

That defendant, BRITNEY AGUILLERA, specifically denies under oath the genuineness and due
execution of the document, marked as Annex A in the complaint, the truth being that the signature
therein is not hers.

Manila, April 20, 1984.

LAWRENCE VILLEGAS
Attorney for the Defendant
XYZ Building, Manila
IBP No. 12345; 1/3/1984; Manila
EXERCISES
RED NOTES IN PRACTICAL

PTR No.61879; 2/2/1984, Manila


Roll of Attorneys No. 12344
VERIFICATION

I, Britney Aguillera, subscribing under oath, hereby depose and state that:

I am the defendant in the instant case.

I have read the foregoing Answer and the allegations therein are true and correct of my own
knowledge and based on authentic records on hand.

BRITNEY AGUILLERA

JURAT
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Note: Copy furnished.

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


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

Answer:

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 3, Manila

JUAN DE LA CRUZ,
Plaintiff,

- versus - CIVIL CASE NO. 12345

PEDRO DE GUZMAN,
Defendant.
x ---------------------------------------------- x

MOTION FOR EXTENSION OF TIME TO FILE AN ANSWER

PLAINTIFF, through undersigned counsel, to this Honorable Court respectfully alleges:

1. That defendant was served with summons and a copy of the complaint on September 19, 2002 and
consequently, has only up to October 4, 2002 within which to file an Answer;

2. That the undersigned counsel has started to prepare the Answer but, unfortunately, due to pressure
of work n attending to other equally important cases; he will need additional period of 15 days
from October 4, 2002, to complete and file the same;

3. That, this motion is being filed solely for the foregoing reason and not for purposes of delay.
SAN BEDA COLLEGE OF

WHEREFORE, it is respectfully prayed that defendant be given an extension of 15 days from October
4, 2002 within which to file an Answer to the Complaint.

Manila, September 21, 2002.

PEDRO CRUZ
Counsel for the Defendant
XYZ Building, Manila
IBP No. 12345; 1/3/1984; Manila
PTR No.61879; 2/2/1984, Manila
Roll of Attorneys No. 12344
LAW

NOTICE OF PRE-TRIAL CONFERENCE (1995)


Question No. 11:
Draft a notice of pre-trial conference.

Answer:

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REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch VII, Manila

JASMINE VISTAN,
Plaintiff,

- versus - Civil Case No. C-1774

CATS MONTREAL,
Defendant.
x ---------------------------------------- x

ORDER

Issues being joined in this case, the Pre-Trial Conference under Section 1, Rule 20 of the Rules of
Court, in relation to Circular No. 1-89 of the Supreme Court, is set for October 30, 1995, at 8:30 a.m.

Counsels are instructed to notify their respective clients.

Counsels are also reminded of the mandatory filing of Pre-Trial Briefs at least 3 days before the Pre-
Trial date.

SO ORDERED.

Given this 24th day of September, 1995 at the City of Manila, Metro Manila.

MALOU SAPALO
Judge

Copy furnished:

1. Villanueva, Pineda and Marasigan Law Offices


Suite 303, Pacia Complex
Binondo, Manila

2. Bulseco, Duran and Tugadi Law Offices


Rm. 777, Marilag Condominium
Mandaluyong City, Metro Manila

ENTRY OF APPEARANCE (2002)


EXERCISES
RED NOTES IN PRACTICAL

Question No. 12:


Jose Malinlang is accused of estafa upon complaint of Joyce Mapagbigay. The case is pending
before the Regional Trial Court, Branch 1, Manila, where it is docketed as Criminal Case No. 5430.
Joyce engages your services as a private prosecutor. File your formal entry of appearance. For
purposes of this pleading, your name is Pedro Cruz.

Answer:

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 7, Manila
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PEOPLE OF THE PHILIPPINES,
Plaintiff,

- versus - Criminal Case No. 102078

JOSE MALINLANG, For: ESTAFA


Accused.
x ----------------------------------------------- x

The Clerk of Court


Regional Trial Court
Branch 7, Manila

Kindly enter the appearance of the undersigned as Private Prosecutor in the above-entitled case,
under the supervision and control of the Public Prosecutor, with the conformity of the complainant Joyce
Mapagbigay, as shown below.

Accordingly, it is respectfully prayed that the undersigned be furnished copies of all pleadings,
orders, and notices relative to the instant case at its address indicated below.

Manila, Philippines, September 22, 2005.

PEDRO CRUZ
Counsel for the Complainant
Address: _________________

CONFORME:

JOYCE MAPAGBIGAY
Complainant

Copies Furnished by personal delivery:

The City Prosecutor


Manila

Atty.____________________
Counsel of the Accused
(address)
SAN BEDA COLLEGE OF

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


Question No. 13:
The prosecutor charged Anthony Tabbios with violating a city ordinance before the Regional
Trial Court (RTC) of Manila, Branch 47. Anthony Tabbioss lawyer, Atty. Lawrence Quicho, seeks to
quash the information on the ground that the RTC has no jurisdiction over the offense charged.
Prepare a motion to quash.
LAW

Answer:

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 47, Manila

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PEOPLE OF THE PHILIPPINES,
Plaintiff,

- versus - Criminal Case No. 102078

Anthony Tabbios, Violation of City Ordinance


Defendant. No. 5
x ----------------------------------------------- x

MOTION TO QUASH

COMES NOW the Accused, through undersigned counsel, and to this Honorable Court, respectfully
moves to quash the information filed by the Fiscal of Manila on the ground that:

THIS HONORABLE COURT HAS NO JURISDICTION OF THE CASE.

ARGUMENT

City Ordinance No. 5 imposes a maximum penalty of six (6) months imprisonment and P1,000.00
fine which is within the exclusive jurisdiction of the City Court of Manila. Hence, this Court has no
jurisdiction over the instant case.

WHEREFORE, it is respectfully prayed that the information be quashed and the Accused be released
immediately from detention.

Manila, Philippines, October 1, 1990.

LAWRENCE QUICHO
Counsel for the Accused
IBP No. 61879; 1/2/1990; Manila
PTR No. 112098; 2/2/1990; Manila
Roll of Attorneys No. 12344

NOTICE OF HEARING

The Clerk of Court


Regional Trial Court of Manila
Branch 47

Please set the foregoing Motion to Quash for hearing on Friday, October 5, 1990 at 9:00 a.m. or as
soon as counsel may be heard.
RICHARD REYES
Counsel for the Accused
EXERCISES
RED NOTES IN PRACTICAL

BP No. 61879; 1/2/1990; Manila


PTR No. 112098; 2/2/1990; Manila
Roll of Attorneys No. 12344

Copy Furnished: (3 days before hearing)


City Prosecutor
City Hall, Manila

MOTION TO DISMISS (1988, 2002)


Question No. 14:
Prepare a motion to dismiss an action for a sum of money in the RTC Branch 1, Quezon City on
the ground of improper venue. Supply the other hypothetical facts and use Pedro Cruz as your name. 61
Answer:

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 1, Quezon City

JUAN DE LA CRUZ,
Plaintiff,

- versus - Civil Case No. 102078

PEDRO PATERNO, For: Sum of Money


Defendant.
x ----------------------------------------------- x

MOTION TO DISMISS

NOW COMES Defendant, by his undersigned attorney, and to this Honorable Court respectfully
moves that the complaint be dismissed on the ground that VENUE HAS BEEN IMPROPERLY LAID.

ARGUMENT

The Rules of Court provides that a complaint in a civil case cognizable by the Regional Trial Court
should be filed in the RTC of the place where the plaintiff or the defendant resides, at the option of the
plaintiff. The complaint in the above-entitled case expressly alleges that the plaintiff is a resident of
Makati City while the defendant is a resident of Caloocan City. Hence, venue has been improperly laid.

PRAYER

WHEREFORE, it is respectfully prayed that the complaint be dismissed.

Quezon City, Philippines, September 16, 2002.

PEDRO CRUZ
(Attorney for Defendant)
__________________________
(Address)
SAN BEDA COLLEGE OF

Roll of Attorneys No. _____


PTR No. ______; [date issued][place issued]
IBP No. ______; [date issued][Chapter]

Atty. Purisima (By personal service)


Counsel for the Plaintiff
(address)

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

consideration and resolution.

PEDRO CRUZ

ADMISSION OF SATISFACTION OF JUDGMENT (1986)

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Question No. 15:
You won a damage claim for your plaintiff client, Beth Pagaling, before the Regional Trial Court
of Makati which awarded her a total of P300,000.00 in damages in a decision dated November 21,
1986. Today, defendant Jen Lim delivers a managers check payable to the order of your client in the
amount of P300,000.00 and insists that the court be advised immediately. Beth Pagaling and Jen Lim
show up at your house and you are requested to prepare the proper pleading so that Jen Lim can get a
signed copy right away. Prepare the appropriate pleading.

Answer:
(Caption and title)

ADMISSION OF SATISFACTION OF JUDGMENT

Plaintiff, by counsel, respectfully alleges that:

1. On November 21, 1986 judgment was rendered ordering defendant to pay plaintiff P300,000.00 in
damages;

2. On November 30, 1986, defendant fully satisfied the aforementioned judgment by tendering, and the
plaintiff accepting, the sum adjudged against him;

WHEREFORE, in view of the payment and acceptance, plaintiff executes this Admission and prays
that satisfaction of judgment in the instant case be noted and entered by the clerk in his docket.

Quezon City, November 30, 1986

SHARON OLBA
Counsel for Plaintiff
Rockwell, Makati City
PTR No. 11111; 1/2/1986; Makati City
IBP NO. 22222; 2/2;1986; Makati City
Roll of Attorneys No. 12344

Copy furnished:

RICA DURAN
Ayala Ave., Makati City
MOTION FOR SUPPORT PENDENTE LITE (2001)
Question No. 16:
Draft a motion for support pendente lite to be filed in your clients pending case in the Regional
Trial Court of Pasay City.

Answer:
EXERCISES
RED NOTES IN PRACTICAL

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 1, Pasay City

WIFE,
Plaintiff,

- versus - Civil Case No. 0001011

HUSBAND,
Defendant.
x ----------------------------------------------- x
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MOTION TO FOR SUPPORT PENDENTE LITE

Plaintiff through counsel, respectfully states that:

1. On 01 June 2001, plaintiff filed the complaint in the above case praying, among others, that
defendant be ordered to give plaintiff a monthly support.
2. As alleged in the complaint, defendant and plaintiff are husband and wife, having been legally
married on 08 December 1996 at the Our Lady of Sorrows Church, Pasay City. A certified true copy
of their marriage contract is hereto attached a Annex A, hereof.
3. As also alleged in the complaint, defendant has abandoned the conjugal home on 24 January 1998
without justifiable cause or reason, and since then defendant has failed to give any support to the
plaintiff.
4. The plaintiff is without any source of income as shown by her affidavit attached hereto as Annex
B hereof, whereas the defendant is a medical doctor actively engaged in the practice of his
profession with an average monthly income of P80,000.00 more or less.
5. Considering the present prices of essential commodities, plaintiff needs a monthly allowance and
support of P15,000.00 for her sustenance during the pendency of the instant case.

WHEREFORE, it is most respectfully prayed of this Honorable Court that the defendant be ordered to
give the plaintiff a monthly support pendente lite of P15,000.00 to be paid at plaintiffs residence on or
before the 10th day of each month.

Place, Date.

Atty. D
Counsel for Plaintiff
Roll of Attorneys No. _____
PTR No. ______; [date issued][place issued]
IBP No. ______; [date issued][Chapter]

(Notice of Hearing)
Atty. A
Counsel for Plaintiff
(Address)
Sir:
Please take note that on ______________, 2001 at ____ a.m., the undersigned counsel will submit
the foregoing motion to the Honorable Court for its consideration and resolution.

Atty. D
SAN BEDA COLLEGE OF

PROVISIONAL REMEDIES

COMPLAINT FOR REPLEVIN (1979, 1986)


Question No. 17:
Mr. Gene Alfajaro, General Manager of Avis Rent-A-Car (Philippines), Inc., with offices at 311 P.
Casal Street, Quiapo, Manila, entered into a contract for the company whereby a car, Lancer Model
1984 valued at P290,000.00 with Plate No. DAY-203, was rented out for the week of October 11 to 18,
1986 to Mr. John Doe, an American who had indicated that he resides at Room 1024 of the Manila
LAW

Hotel. The car was not returned by the latter on the date agreed upon. Prepare the verified
complaint for replevin. Sign as Atty. Asunto.

Answer:

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT

62
Branch I, Manila

Avis Rent-A-Car (Philippines), Inc.,


Plaintiff,

- versus - Civil Case No. 112098

JOHN DOE, For: Replevin


Defendant.
x--------------------------------x

COMPLAINT

COMES NOW, the Plaintiff, through the undersigned counsel, and to this Honorable Court alleges:

1. That Plaintiff is a domestic corporation existing under the laws of the Philippines, with offices at
311 P. Casal St., Quiapo, Manila, while defendant is an American citizen, residing at Room 1024, Manila
Hotel, where he may be served with Summons;

2. That plaintiff is the registered owner of a motor vehicle described as a Mitsubishi Lancer, model
1984, with Plate No. DAY-203;

3. That on October 11, 1986, defendant rented from plaintiff said Lancer car for a week from
October 11 to 18, 1986;

4. That on October 20, 1986, and for the next three (3) days thereafter, plaintiff demanded from
defendant the return of the said car; but defendant avoided returning the car by giving one reason or
another;

5. That said car has not been taken for a tax assessment or fine pursuant to law, or seized on
execution or attached;

6. That the value of the said car is P290,000;

7. That plaintiff is ready and willing to give bond executed to the defendant in double the value of
the property for the return of the property to the defendant should be adjudged, or for the payment of
such sum that defendant may recover from plaintiff in the action.

WHEREFORE, plaintiff prays that:


1. The sheriff or other proper officer be ordered to take possession of the car and dispose of it in
accordance with the Rules of Court;
2. After hearing, judgment be rendered declaring that plaintiff is entitled to the possession of the
car or, should this prove unavailing, sentencing defendant to pay the value of the car.

Manila, December 3, 1986.


EXERCISES
RED NOTES IN PRACTICAL

ATTY. ASUNTO
XYZ Building, Manila
IBP No. 12345; 1/3/1986;Manila
PTR No.61879; 2/2/1986; Manila
Roll of Attorneys No. 12344

VERIFICATION
CERTIFICATE OF NON-FORUM SHOPPING
JURAT
AFFIDAVIT FOR REPLEVIN

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SPECIAL CIVIL ACTIONS

COMPLAINT FOR EJECTMENT (1976, 1982, 1983, 1984, 1985, 1993, 1994, 1996, 1997, 2000)
Question No. 18:
The lease contract between Tom Cruise and Katie Holmes having expired as of June 30, 2004,
Tom Cruise, the lessor, retained your services as a lawyer to file the appropriate legal action against
Katie Holmes, the lessee, for failure of the latter to vacate the leased premises despite repeated
demands. Prepare the complaint for ejectment.

Answer:

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
Branch III, Quezon City

TOM CRUISE,
Plaintiff,

- versus - Civil Case No. 61879

KATIE HOLMES, For: Ejectment


Defendant.
x ----------------------------------x

COMPLAINT

COMES NOW, the Plaintiff in the above-entitled case, through counsel, and to this Honorable Court
alleges:

1. That plaintiff is of age, married and residing at No. 80 Agno Street, Quezon City, while defendant is
likewise of age, married and residing at No. 100 Agno Street, Quezon City, where he may be served with
summons;

2. That plaintiff is the owner of a semi-concrete bungalow located at No. 100 Agno Street, Quezon
City;

3. That on June 10, 2001, plaintiff leased the said bungalow to the defendant for the next three (3)
SAN BEDA COLLEGE OF

years at a monthly rental of P1,000.00, payable within the first five days of each month, and that the lease
contract thereon is hereto attached as Annex A;

4. That since June 11, 2004, the lease contract had already expired and, despite repeated demands,
defendant had refused to vacate the premises and continues to occupy the same.

5. That written demand (Annex B hereof) to vacate and pay rentals in arrears was sent to and
received by defendant but despite said demand, he failed to vacate the same or pay said rentals.

WHEREFORE, it is respectfully prayed that judgment be rendered against the defendant ordering her:
1. To vacate the premises;
2. To pay the monthly sum of P1,000.00 beginning on June 11, 2004, with interest thereon at the
LAW

legal rate until fully paid, until the defendant vacates said premises;
3. To pay the sum of P2,000.00 as litigation expenses and attorneys fees.

Quezon City, July 7, 1983.

LAWRENCE VILLEGAS
Attorney for the Plaintiff
XYZ Building, Quezon City

62
IBP No. 12345; 1/3/1983; Quezon City
PTR No.61879; 2/2/1983; Quezon City
Roll of Attorneys No. 12344

VERIFICATION
CERTIFICATION OF NON-FORUM SHOPPING
JURAT

CRIMINAL ACTIONS
INFORMATION FOR RAPE (1998, 2000, 2003)
Question No. 20:
Prepare an Information for rape of a 14-year old girl committed by the common-law spouse of
her mother warranting the imposition of the death penalty.

Answer:

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch I, Manila

PEOPLE OF THE PHILIPPINES,


Plaintiff,

- versus - CRIM. CASE NO. 102098

MARTIN PARK, For: Rape


Defendant.
x ---------------------------------------------- x
INFORMATION

The undersigned Public Prosecutor for the City of Manila, hereby accuses MARTIN PARK of the crime
of Rape committed as follows, to wit:

That, on or about 10:00 p.m. of July 4, 2000, at his house in 26 Legaspi Street, Tondo, Manila, and
within the jurisdiction of this Honorable Court, the said accused, by means of repeated blows to the
EXERCISES
RED NOTES IN PRACTICAL

stomach which rendered the victim unconscious, did then and there, willfully, unlawfully and feloniously,
have carnal knowledge of Jasmine Bukid, who was then a minor child, 14 years of age, and daughter of
Jamaica Bukid, the common law spouse of the accused.

Contrary to law.

Manila, September 23, 2000.

LAWRENCE VILLEGAS
Public Prosecutor
December 31, 2000
IBP No. 61879; 1/2/2000; Manila
PTR No. 112098; 2/2/2000; Manila
Roll of Attorneys No. 12344 61
CERTIFICATION

This is to certify that a preliminary investigation has been conducted in the above-entitled case,
and that on the basis of the evidence presented there is reasonable ground to believe that the offense
charged has been committed and the accused is probably guilty thereof.

Manila, September 23, 2000.

LAWRENCE VILLEGAS.
Public Prosecutor

JURAT

SPECIAL PROCEEDINGS

PETITION FOR WRIT OF HABEAS CORPUS (1979, 1992)


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

Answer:

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 1, Quezon City

IN THE MATTER OF THE


APPLICATION FOR HABEAS CORPUS
IN BEHALF OF MAJOR R. VANILLA
SAN BEDA COLLEGE OF

MARY VANILLA,
Petitioner,

- versus -

CHRISTIAN TUGADI
Superintendent, PHILIPPINE NATIONAL POLICE
Respondent.
x ---------------------------------------------------------------------- x
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PETITION

COMES NOW the petitioner, by her undersigned counsel and to this Honorable Court respectfully
states:

1. That petitioner of legal age, Filipino citizen, is the wife of Major R. VANILLA, residing at 177
Mayon, Quezon City; that respondent is the incumbent Superintendent of the Philippine National Police,

62
Quezon City with office at City Hall, Quezon City, where he may be served with summons and other court
processes;

2. That on August 30, 1992 Major R. Vanilla of the PNP, Quezon City while holding a gun was
arrested by superior police authorities for alleged participation in a robbery with homicide in Quezon City;

3. That since then and up to the present, Major R. Vanilla was detained at the Police Sub-Station 5,
Quezon City, without any formal charge filed against him;

4. That Major R. Vanilla had not participated in any alleged robbery with homicide; hence his arrest
and detention is without any lawful cause;

5. That Major R. Vanilla is restrained of his liberty without due process of law.

WHEREFORE, in view of the foregoing, it is respectfully prayed that this Honorable Court:
1. Order respondent and/or his agents to appear before this Honorable Court and produce Major R.
Vanilla and forthwith explain why he should not be released from detention immediately;
2. Declare his arrest and detention as invalid and unconstitutional.

Petitioner further prays for such other relief and remedy as this Honorable Court may deem just
and equitable.

Quezon City, Philippines, September 26, 1992.

LAWRENCE VILLEGAS
Counsel for Petitioner
IBP No. 61879; 1/2/1992; Quezon City
PTR No. 112098; 2/2/1992; Quezon City
Roll of Attorneys No. 12344
VERIFICATION

I, Mary Vanilla, hereby deposes and states that:


I am the petitioner in the above-entitled case;

I have caused the filing of the petition and the contents thereof are true and correct of my own
knowledge and based on authentic records.

Quezon City, September 23, 1992.

MARY VANILLA
Petitioner

JURAT
EXERCISES
RED NOTES IN PRACTICAL

SUBSCRIBED AND SWORN to before me this 26 th day of September, 1992 by MARY VANILLA,
exhibiting to me her Community Tax Certificate No. 12346 issued at Quezon City on January 4, 1992.

LAWRENCE VILLEGAS
Notary Public
Until December 31, 1992
PTR No. 61879; 1/2/1992;Q.C.
IBP No. 112098; 2/2/1992; Q.C.
Roll of Attorneys No. 12344

Doc. No. 10;


Page No. 20;
Book No. V;
61
Series of 1992.
CERTIFICATION OF NON-FORUM SHOPPING
SAN BEDA COLLEGE OF
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62
2004 BAR EXAM QUESTIONS & ANSWERS

CRIMINAL INFORMATION; HOMICIDE

Question No. 1
Prepare a draft of a criminal information charging a person with the crime of homicide,
complete with caption and title and required certification re preliminary investigation. Do not use real
names but supply all facts needed.

Answer:

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MANILA

PEOPLE OF THE PHILIPPINES,


Plaintiff,

- versus - CRIM. CASE No. 147215

For: Homicide
Boy Asunto,
Accused.
x ---------------------------------------------- x

INFORMATION

The undersigned Assistant City Prosecutor hereby accuses Boy Asunto of the crime of Homicide
committed as follows:

That on or about August 12, 2001, San Juan, Manila within the jurisdiction of this court, the said
accused, armed with a bladed weapon, with intent to kill, did then and there willfully, unlawfully and
feloniously attack, assault and stab one Artemio Co, thereby inflicting upon him a fatal wound which
directly caused his death.

Contrary to law.

Manila, October 15 , 2001 .


JOHN PASCUAL
Provincial Fiscal
EXERCISES
RED NOTES IN PRACTICAL

WITNESSES:
BLESILDA CRISTOBAL MARIANO BATUMBAKAL

CERTIFICATION

I hereby certify that a preliminary investigation was conducted in the above-entitled case, and
there is prima facie evidence that the crime of Homicide has been committed and that the accused is
probably guilty thereof.

PATRICK SALONGA
City Prosecutor
Bail Recommended: None
ACKNOWLEDGMENT 61
Question No. 2
Prepare an acknowledgment of a deed of sale of a registered parcel of land, consisting of four
pages inclusive of the page where the acknowledgment appears. Supply fictitious names of the
parties, the notary public and details of the parties community tax certificates.

Answer:

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES


PROVINCE OF _______________ S.S.
CITY/MUNICIPALITY OF _______

BEFORE ME, this 10 day of April, 2005 in the Municipality of Malolos, Province of Bulacan,
Philippines, personally appeared ABC and DEF, with Community Tax Certificate No. 25-02-003180 and 25-
02-056170 issued by Municipaility of Malolos, on June 4, 2004 and March 6, 2003, respectively, known
to me to be the same persons who executed the foregoing instrument, and who acknowledged to me that
the same is their free act and deed.
This instrument, consisting of 4 pages, including the page on which this acknowledgment is written,
has been signed on the left margin of each and every page thereof by ABC and DEF and their witnesses,
and sealed with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, on the day, year,
and place above written.

JUAN IGNACIO
Notary Public for Malolos, Bulacan
#57 Sto. Nino Malolos, Bulacan
Appointment No. 578 Until January 1, 2006
Roll of Attorneys No. 632145
PTR No. 54217; [3/1/02][Manila City]
IBP No. 35654;[4/5/00][Bulacan Chapter]

Doc. No. 45;


Page No. 008;
Book No. 53;
Series of 2005.

VERIFICATION; NON FORUM SHOPPING CERTIFICATION


SAN BEDA COLLEGE OF

Question No. 3
Prepare a draft of the verification and non-forum shopping certification.

Answer:

VERIFICATION

I, RAPHY GAYONA, subscribing under oath, hereby deposes and states that:

I am the plaintiff in the instant case.


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I have read the foregoing Complaint and the allegations therein are true and correct of my own
knowledge and/or based on authentic records on hand.

I attest to the authenticity of the annexes thereof.

RAPHY GAYONA

62
CERTIFICATION

I certify that:

a. I have not commenced any other action or proceeding involving the same issues in the Supreme
Court, the Court of Appeals, or different Divisions thereof, or any other tribunal or agency.

b. No such action or proceeding is pending in the Supreme Court, the Court of Appeals, or
different Divisions thereof, or any other tribunal or agency.

c. If I should learn that a similar action or proceeding has been filed or is pending before the
Supreme Court, the Court of Appeals, or different Divisions thereof, or any other tribunal or
agency, I hereby undertake to notify this Honorable Court within five (5) days from such notice.

RAPHY GAYONA

NOTARIAL WILL; ATTESTATION CLAUSE


Question No. 4
Prepare a complete draft of an attestation clause of a notarial will.

Answer:

ATTESTATION CLAUSE

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

__________________________ ______________________________________
(name and signature of witness) (residence)
__________________________ ______________________________________
(name and signature of witness) (residence)
__________________________ ______________________________________
(name and signature of witness) (residence) EXERCISES
RED NOTES IN PRACTICAL

CHECKLIST OF REQUIREMENTS 8. Acknowledgment

II. CONTRACT (TAAWACSA)


I. DEED (TAPCAPSA) 1. Title
1. Title
2. Announcement 2. Announcement
3. Party One 3. Actors
4. Consideration 4. Whereases
5. Act or Conveyance 5. Agreement Proper
6. Party Two 61
6. Conditions or terms
7. Signature
7. Signatures Note: The above pattern is available for all
8. Acknowledgment kinds of judicial pleadings and motions. You need
only vary the contents and the plus portion.
COMPLAINT
III. LAST WILL AND TESTAMENT The body of a complaint usually has two
Note: It involves three actors making separate
parts: the identity of the parties and the
statements, namely: the testator, the witness and
cause of action (a statement of the right of
the notary public.
the plaintiff and a statement of defendants
1. For the TESTATORs statement conveying
violation of such right)
the estate to his heirs, use the format of
the ordinary deed. PLUS: Proof of service and
2. The three WITNESSES make an Explanation
attestation as to number of pages of Statement of copy furnished to the
the will and the fact that the testator adverse party
signed the will and every page of it in the If filing of a pleading or service of its copy on
presence of the witnesses, and that the adverse party is done by REGISTERED MAIL,
latter witnessed and signed the will and another plus is the need to give an
all its pages on the left margin in the explanation why personal filing or service
presence of the testator and of one could not be done.
another. DENIAL OF AN ACTIONABLE DOCUMENT
3. The NOTARY PUBLIC states in the PLUS: Verification and Copy furnished
acknowledgment that the testator and his
witnesses acknowledged the will and its MOTION
attestation before him. The body of a motion usually has two parts:
the ground for the motion and the argument.
IV. SWORN STATEMENT or PLUS: Proof of Service and Explanation
AFFIDAVIT (VT-POS-SJ) Statement of copy furnished to the
1. Venue adverse party
2. Title
3. Person
4. Oath INFORMATION (CTIBAP)
5. Statement 1. Caption
6. Signature 2. Title
7. Jurat 3. Introduction
4. Body
5. Attorney
V. JUDICIAL FORM (CTIBRAP) 6. Plus or Addendum
1. Caption Certification (mandatory)
2. Title List of witnesses
Recommended amount of bail
3. Introduction
4. Body
SAN BEDA COLLEGE OF

The People of the Philippines is


5. Relief denominated as plaintiff even if the
6. Attorney person charged is called the accused.
7. Plus or addendum (such as verification, The prosecutor omits the mention of the
explanation, certification of non-forum relief he wants because the law prescribes
shopping, copy furnished, notice of hearing) penalties for specific crimes.
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62

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