Legal Forms

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 Commented [FG1]: The CAPTION is that part of the
pleading, which sets forth:
1. the name of the court
2. the title of the action
Republic of the Philippines 3. the docket number, if assigned (Sec. 1, par. 1, Rule 7,
National Capital Judicial Region ROC).
Commented [FG2]: The TITLE indicates the names of
REGIONAL TRIAL COURT the parties, who shall be named in the original
Branch 1, Manila complaint or petition. However, in subsequent
pleadings, it shall be sufficient if the name of the 1st
party on each side be stated with an appropriate
indication when there are other parties. Their respective
____________________, participation in the case shall be indicated (Sec. 1, par.
Plaintiff, 2 &3, Rule 7, ROC).
-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 Commented [FG3]: The JURAT accompanies any

notarized document that is declaratory in nature, as
opposed to a notarized document that transmits rights
or property, which must be accompanied by an
SUBSCRIBED AND SWORN TO before me in the City of _______________ on ACKNOWLEDGMENT.
this day of _________________, affiant exhibiting before me his community tax Note that if the document is subscribed before a public
certificate no. _______________ issued on __________________ at officer duly authorized to take oaths, then there is no
need for the affiant to produce a CTC nor for the entry
_____________________. into a Notarial Register; thus, the italicized portion of
the JURAT is dispensed with but not the oath itself.
(Sgd.) JUAN CRUZ

Notary Public
Until
__________________
PTR No.
_______________
Issued at
______________
On
___________________

Doc. No.
Page No.
Book No.
Series of 2007.
D. Verification Commented [FG5]: A pleading is verified by an affidavit

that the affiant has read the pleading and that the
allegations therein are true and correct of his personal
knowledge or based on authentic records (Sec. 4, par. 2,
VERIFICATION Rule 7, ROC).
Under Sec. 4, par.3, Rule 7, a verification based on

Republic of the Philippines) “information and belief” or upon “knowledge,
information and belief” is considered defective and the
City of _______________ ) s.s. pleading unverified/unsigned.
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 Commented [FG7]: Under Rule 7, Sec. 5, the plaintiff or
principal party must certify under oath in the
d. Habeas Corpus complaint, initiatory pleading, or sworn certification
that:
e. Change of Name 1.he has not commenced any action or filed any claim
involving the same issues in any court, tribunal or
quasi-judicial agency and, to the best of his knowledge,
no such other action or claim is pending there
2. if there is such other pending action or claim, a
E. Certification against Forum Shopping complete statement of its present status, and
3. if he should thereafter learn that the same or similar
action or claim has been filed or is pending, he shall
CERTIFICATION AGAINST FORUM SHOPPING report that fact within 5 days to the court where his
complaint or pleading was filed.
Failure to comply with this req’t is not curable by mere

Republic of the Philippines) amendment but shall be cause for dismissal w/o
City of _______________ ) s.s. prejudice, UNLESS otherwise provided, upon motion
and after hearing.
Submission of a false certification or non-compliance

C.K. Hilfiger, after having been duly sworn in accordance with law deposes and with its undertakings shall constitute indirect contempt
of court, w/o prejudice to corresponding admin and
states that: crim actions.

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 Commented [FG9]: NOTE: The Notice of Hearing is
actually both a REQUEST and a NOTICE; a REQUEST
for the Branch Clerk of Court to include the motion in
the calendar for hearing on a specific date and a
REQUEST FOR & NOTICE OF HEARING NOTICE to opposing counsel of the hearing date
requested. In non-litigious motions or ex parte motions, it
is sufficient that the request not contain a date, and for
THE BRANCH CLERK OF COURT that purpose, the underlined portion in the Request
may be omitted with the Notice to opposing counsel
Metropolitan Trial Court simply stating that “counsel will submit the motion to
the court for approval immediately upon receipt.”
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 ________________ Commented [FG10]: The requirement is for a written
Date _____________________ explanation if service is done by registered mail instead
of by personal service; the explanation need not be
verified, it being required only that it is signed. However,
in the Supreme Court, where an Affidavit of Service is
EXPLANATION required, it may be practical to combine the Explanation
and the Affidavit of Service. Cf. Rule 13, sections 11
and 13.

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
Republic of the Philippines)

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 Commented [FG12]: 1976, 1994 and 2004 Bar Exams

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. Commented [FG13]: The Notary Public’s seal must be
impressed on every page of the document notarized.
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) Commented [FG14]: Checklist:
1. Caption and Title
1. Complaint for ejectment with damages 2. Parties/Capacity of Parties
3. Material Allegations of Ultimate Facts
4. Statement of Cause(s) of Action
[1] Regional Trial Court 5. Prayer/Reliefs
6. Date/Place of Execution
National Capital Judicial Region 7. Signature of Counsel
8. Verification and Certification Against Forum
METROPOLITAN TRIAL COURT Shopping
Quezon City, Branch 33 Commented [FG15]: 1976, 1982, 1985, 1988, 1993,
1994, 1996, 1997 and 2000 Bar Question
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. Commented [FG17]: A new requirement specifically
provided under Rule 7, section 2(d).
[7] (Sgd.) JUAN DELA CRUZ Commented [FG18]: Significant amendment introduced
by 1997 Rules on Civil Procedure; cf. Rule 7, section 3.
Counsel for Plaintiff
[Address]
PLUS:
1. [8] Verification and Certification against Forum Shopping
2. Jurat

2. Complaint for sum of money Commented [FG19]: 1978 Bar Question
Commented [FG20]: Checklist:
[1] Republic of the Philippines 2. Parties/Capacity of Parties
National Capital Judicial Region 4. Statement of Cause(s) of Action
5. Prayer/Reliefs
REGIONAL TRIAL COURT 6. Date/Place of Execution
Branch 101, Makati City 7. Signature of Counsel
ESTA PADORA, Shopping
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
Commented [FG21]: Please note that this portion is
PESOS (P50,000.00) as Attorney’s Fees. indispensable to the filing of a Complaint as it is
required that every Complaint state in the body as well
as in the prayer the amount of damages sought. This is
jurisdictional and a complaint that fails to comply with
Other just and equitable reliefs are also prayed for. this requirement is fatally defective.

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

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

3. Complaint for Replevin Commented [FG22]: 1986 Bar Question
2. Parties/Capacity of Parties
5. Prayer/Reliefs
[1] Republic of the Philippines 6. Date/Place of Execution
REGIONAL TRIAL COURT Shopping
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 Commented [FG24]: Checklist:
2. Parties/Capacity of Parties
[1] Republic of the Philippines 5. Prayer/Reliefs
REGIONAL TRIAL COURT Shopping
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 Commented [FG25]: Checklist:
1. Caption
1. Answer with compulsory counterclaim 2. Denials/Admission
3. Statement of Affirmative Allegations
4. Statement of Affirmative/Negative Defenses
5. Counterclaim
6. Prayer/Relief
[1] Regional Trial Court 7. Date/Place of Execution
8. Signature of Counsel
National Capital Judicial Region 9. Verification
10. Certification against Forum Shopping
METROPOLITAN TRIAL COURT 11. Proof of Service
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 Commented [FG27]: Rule 7, section 5 requires that any
initiatory pleading, among which is a counterclaim,
must be accompanied by a Certification against
Forum Shopping. Also please note that an Answer
I, YOKO NGA, of legal age, do hereby state that: I am the defendant in the case need not be verified BUT if there is a specific denial
filed by Alis Di-yan Company for ejectment; in response, I have caused the preparation of an actionable document, such as that contained
here, then the Answer must be verified. See again
of this Answer with Counterclaim; I have read its contents and affirm that they are true Rule 8, secs. 7 (definition of actionable document), 8
(how to contest such documents), 10 (requirements of a
and correct to the best of my own personal knowledge; I specifically deny the specific denial), 11 (effects of failure to specifically
deny).
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 Commented [FG28]: Representative specific denial
under oath, as required by the Rules, in relation to any
before any court involving the same parties and the same issue and that, should I learn actionable document.
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 Commented [FG29]: Checklist:
1. Caption
2. Denials/Admission
3. Statement of Affirmative Allegations
See Form No. B-1, supra, but add-- 4. Statement of Affirmative/Negative Defenses
5. Cross-claim
6. Prayer/Relief
[5] Crossclaim 7. Date/Place of Execution
9. Verification
10. Certification against Forum Shopping
7. Defendant reiterates, repleads and incorporates by reference all the foregoing 11. Proof of Service
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 Commented [FG30]: Rule 18, section 6.
Checklist:
1. Proposed terms for amicable settlement
2. Alternative modes of dispute resolution
Republic of the Philippines 3. Summary of admitted facts
National Capital Judicial Region 4. Proposed stipulation of facts and issues
5. Documents to be presented
REGIONAL TRIAL COURT 6. Names of witnesses and substance of their
testimony
Branch 90, Quezon City 7. Resort to discovery
8. Available trial dates
LAKISA LAYAW,
Plaintiff,
Civil Case No. 97-31312
- versus -
LAKISA HIRAP,
Defendant.
x ------------------------------------- x
PRE-TRIAL BRIEF Commented [FG31]: NOTE: There is no need to attach

a Notice of Hearing for a Pre-Trial Brief. Also, pre-trial is
now mandatory in criminal cases under Rule 118,
2000 Rules on Criminal Procedure as well as under RA
8493 (The Speedy Trial Act), although neither the law
DEFENDANT, by counsel, respectfully submits her Pre-Trial Brief, as follows: nor the Rules require the submission of a Pre-Trial Brief
in criminal cases (in practice, courts also do not require
the submission of a pre-trial brief in criminal cases).
Consequently, the requirement of a pre-trial brief and
I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT the consequences for failure to submit one (e.g., non-
suit or dismissal) appear to pertain exclusively to civil
AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT cases.
Commented [FG32]: This is a new requirement imposed
1.1. Subject to a concrete proposal that is fair and reasonable and a reciprocal by the 1997 Rules on Civil Procedure.
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 Commented [FG33]: Cf. Rule 15, 1997 Rules on Civil
Procedure
1. Motion to dismiss (with request for and notice of hearing) Checklist:
1. Ground(s)
2. Argument(s)
Republic of the Philippines 3. Prayer/Relief
4. Notice of Hearing
National Capital Judicial Region 5. Proof of Service
6. Attachments (if any)
METROPOLITAN TRIAL COURT 7. Verification (in certain cases)
Branch 39, Quezon City Commented [FG34]: 1988 and 2002 Bar Question
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 Commented [FG35]: Rule 15, section 5; Cf. Rule 15,
section 4 (on period of service)
THE BRANCH CLERK OF COURT

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 Commented [FG36]: Rule 15, section 6 in relation to
Rule 13, section 13

2. Motion for leave of court to file pleading (with explanation for service
by registered mail) Commented [FG37]: Cf. Rule 13, section 13
Checklist:
1. Ground(s)
2. Argument(s)
Republic of the Philippines 3. Prayer/Relief
SUPREME COURT 4. Notice of Hearing
5. Proof of Service
Manila 6. Attachments (if any)
7. Verification (in certain cases)
LAKI UTANG,
Commented [FG38]: In motions filed before the
Petitioner, Supreme Court and the Court of Appeals, a Notice of
Hearing is not required.
G.R. No. ________
- versus -
DAMI LUPA,
Respondent.
x ------------------------- x
MOTION FOR LEAVE

OF COURT TO FILE REPLY WITH
MOTION TO ADMIT ATTACHED REPLY Commented [FG39]: Under Rule 15, section 9, 1997
Rules on Civil Procedure, a motion for leave to file a
pleading or motion shall be accompanied by the
pleading or motion sought to be admitted.
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 Commented [FG40]: The requirement is for a written
explanation if service is done by registered mail instead
of by personal service; the explanation need not be
verified, it being required only that it is signed. However,
in the Supreme Court, where an Affidavit of Service is
required, it may be practical to combine the Explanation
and the Affidavit of Service. Cf. Rule 13, sections 11
and 13.

3. Motion for judgment on the pleadings Commented [FG41]: 1989 Bar Question
1. Ground(s)
Republic of the Philippines 2. Argument(s)
3. Prayer/Relief
National Capital Judicial Region 4. Notice of Hearing
5. Proof of Service
REGIONAL TRIAL COURT 6. Attachments (if any)
Branch 39, Quezon City 7. Verification (in certain cases)
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 Commented [FG44]: Under Rule 18, section 1 of the
1997 Rules on Civil Procedure, it is now mandatory on
the part of the plaintiff to move ex parte for setting of
pre-trial. Note that the motion is expressly denominated
Republic of the Philippines as ex parte, i.e., no need for hearing.
National Capital Judicial Region Commented [FG45]: Checklist:
1. Ground(s)
REGIONAL TRIAL COURT 2. Argument(s)
Branch 39, Quezon City 3. Prayer/Relief
5. Proof of Service
LAKISA LAYAW, 7. Verification (in certain cases)
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 Commented [FG46]: Note the difference between this
“Request and Notice” and that contained in Form II-D1;
this does not contain a date of hearing because under
Rule 15, section 4, it is a motion which the Court “may
THE BRANCH CLERK OF COURT act upon without prejudicing the rights of the adverse
Regional Trial Court party” and moreover because Rule 18, section 1
expressly defines this to be an ex parte motion.
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 Commented [FG47]: 1987 Bar Question
1. Ground(s)
3. Prayer/Relief
5. Proof of Service
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:
1. [4] Request for and Notice of Hearing Commented [FG49]: In some instances, this motion is
considered a non-litigious motion; thus, the request and
2. [5] Proof of Service notice need not specify a date of hearing and simply
state that it is being submitted for approval
“immediately upon receipt.” Although, the better
practice would be to file such a motion early so as to be
able to set it for hearing and approval by the court.

6. Motion for extension of time Commented [FG50]: Checklist:
1. Ground(s)
2. Argument(s)
3. Prayer/Relief
Republic of the Philippines 4. Notice of Hearing
REGIONAL TRIAL COURT 7. Verification (in certain cases)
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 Commented [FG51]: It is always preferable to not only
state the number of additional days sought, but also the
plaintiff’s Reply. new deadline, so that it can be used as a personal
reminder of the new deadline.

[Address]
PLUS:

7. Motion to declare defendant in default Commented [FG52]: Checklist:
1. Ground(s)
2. Argument(s)
3. Prayer/Relief
Republic of the Philippines 4. Notice of Hearing
REGIONAL TRIAL COURT 7. Verification (in certain cases)
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:
1. [4] Request for and Notice of Hearing Commented [FG53]: NOTE: The defendant is entitled to
be notified of this motion and the order declaring
2. [5] Proof of Service him/her in default; thereafter, defendant loses the right
to receive any other notices except for judgment in
default.

8. Motion to lift order of default Commented [FG54]: 1985 Bar Question
1. Ground(s)
3. Prayer/Relief
5. Proof of Service
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. Commented [FG56]: While it is not required, it may,
depending on the type of motion, be advisable to give a
short summary of the material antecedents so that the
arguments and the basis for relief is clear and placed in
[1 & 2] 3. Under the circumstances, the order of default is premature and context.
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 Commented [FG57]: Rule 65, 1997 Rules on Civil
Procedure
a. Certiorari Checklist:
1. 60 days from notice of judgment or final order (cf.
Rule 65, sec. 4)
(Caption and Title) 2. Names of petitioner and respondent
3. Grounds relied upon
4. Prayer/Relief
5. Combined Verification, Certification against Forum
PETITION Shopping, and Statement of Material Dates
6. Attachments
a. Certified true copies of the judgment/order subject
PETITIONER, by counsel, respectfully states that: of petition
b. All material portions of the record as would
support the 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 Commented [FG58]: To the standard “Verification and
Certification Against Forum Shopping”, ADD the date
when the Decision or Judgment was received pursuant
to the requirements under the Rules of Court. (See
Form I-G)
* 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 Commented [FG59]: 1995 Bar Question
(Caption and Title) Rule 65, sec. 4)
2. Names of petitioner and respondent
3. Grounds relied upon
4. Prayer/Relief
PETITION 5. Combined Verification, Certification against Forum
Shopping, and Statement of Material Dates
6. Attachments
PETITIONER, by counsel, respectfully states that: a. Certified true copies of the judgment/order subject
of petition
b. All material portions of the record as would
[2] 1. (State capacity of petitioner and respondent/s, citizenship, status and residence.) support the petition*
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

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]
of Material Dates Commented [FG61]: To the standard “Verification and
Certification Against Forum Shopping”, ADD the date
when the Decision or Judgment was received pursuant
to the requirements under the Rules of Court. (See
Form I-G)

c. Mandamus Commented [FG62]: Checklist:
Rule 65, sec. 4)
2. Names of petitioner and respondent
(Caption and title) 3. Grounds relied upon
4. Prayer/Relief
5. Combined Verification, Certification against Forum
PETITION Shopping, and Statement of Material Dates
6. Attachments
a. Certified true copies of the judgment/order subject
of petition
PETITIONER, by counsel, respectfully states that: b. All material portions of the record as would
support the 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
[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]
of Material Dates

2. Quo warranto, Interpleader, Quieting of Title, and Declaratory Relief
a. Complaint in Interpleader Commented [FG63]: Rule 62
Checklist:
1. Parties - Petitioner, who must claim no interest or
has an interest not disputed by claimants; and
NALI LITO, claimants over the same subject matter
Plaintiff, 2. Material Allegations of Ultimate Facts - facts showing
conflicting claims made on the same subject matter over
SCA No. ____________ which petitioner claims no interest or an interest that is
not disputed by claimants
- versus - 3. Prayer/Relief
UMA AGAW and INA AGAWAN, 6. Verification and Certification against Forum
Shopping
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. Commented [FG65]: It is important to allege this
because otherwise plaintiff would be required to pay the
docket fees involved in filing the Complaint in
Interpleader which would be determined by the value of
[4] Quezon City; 7 July 2007. the property. In this way, plaintiff will not be unduly
prejudiced by the costs of the suit.
[5] (Sgd.) JANG GEUN SUK

[Address]

b. Action to Quiet (or Remove Cloud on) Title Commented [FG66]: Rule 63, sec. 1, par. 2
Checklist:
1. Parties - Any person interested under a deed, will,
contract or other writing, before breach thereof, and
IN RE: QUIETING OF TITLE OVER THE who stands to suffer injury by operation of the said
PROPERTY COVERED BY TCT NO. 12345 deed, will, contract or other writing
2. Material Allegations of Ultimate Facts - facts showing
SCA No. 1357 interest under a deed, will, contract or other written
instrument and injury arising from operation of said
NALI LITO, as Special Administrator of the deed, will, contract or other writing and facts showing
that no violation or breach has occurred; may also show
Estate of the deceased DAMI LUPA, facts showing need to reform instrument, quiet title
Petitioner, (arising from conflicting claims or cloud thereon) or to
consolidate ownership (as when property under pacto
de retro not redeemed)
3. Prayer/Relief
UMA AGAW, 4. Date/Place of Execution
Respondent. 5. Signature of Counsel
6. Verification and Certification against Forum Shopping
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.
[4] Quezon City; 7 July 2007.
[5] (Sgd.) JANG GEUN SUK

Counsel for Petitioner
[Address]

c. Action for Declaratory Relief Commented [FG67]: Rule 63, sec. 1, par. 1
Checklist:
1. Parties - Any person interested under a deed, will,
contract or other writing, before breach thereof, and
INA API, who stands to suffer injury by operation of the said
Plaintiff, deed, will, contract or other writing
interest under a deed, will, contract or other written
instrument and injury arising from operation of said
- versus - Civil Case No. 2468 deed, will, contract or other writing and facts showing
that no violation or breach has occurred; may also show
facts showing need to reform instrument, quiet title
THE CITY COUNCIL (arising from conflicting claims or cloud thereon) or to
consolidate ownership (as when property under pacto
OF QUEZON CITY, de retro not redeemed)
3. Prayer/Relief
Defendant. 4. Date/Place of Execution
x --------------------------- x 6. Verification and Certification against Forum
Shopping
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 Commented [FG68]: Rule 66

Checklist
1. Parties -
a. Solicitor General, when directed by President or
(Caption and title) motu propio;
b. Person claiming to be entitled to public office or
position usurped or unlawfully held or exercised by
COMPLAINT another against the alleged usurping public officer;
usurpation of office and facts showing entitlement of
petitioner to the office
PLAINTIFF, by counsel, respectfully states that: 3. Prayer/Relief
[1] 1. (State the capacity and address of both plaintiff and defendant.) 6. Verification and Certification against Forum
Shopping
[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 Commented [FG69]: Checklist:
1. Identity of affiant and other personal
1. Complaint-Affidavit circumstances
2. Statement of venue
3. Factual allegations to show violation or defense
Republic of the Philippines) 4. Signature of affiant
5. Verification
City of Makati ) s.s. 6. Certification as to Personal Examination of
Affiant
7. Supporting Documents/Affidavits
COMPLAINT-AFFIDAVIT
[1] I, MA SELAN, of legal age, Filipino, with assistance of counsel, and [2] resident Commented [FG70]: Because an affidavit must be
based on personal knowledge of the affiant, many times,
of 4 Privet Drive, Triple X Village, Makati, do hereby state under oath that: legal answers cannot be included for fear that affiant
does NOT have personal knowledge. Stating that affiant
was assisted by counsel may remove that problem as all
1. I am a member of the Triple X Village Homeowner’s Association that affiant has to do is say “I was advised by counsel
that…”
(“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 Commented [FG72]: Checklist:
1. Identity of affiant and other personal
circumstances
2. Statement of venue
Republic of the Philippines) 3. Factual allegations to show violation or defense
City of Makati ) s.s. 4. Signature of affiant
5. Verification
6. Certification as to Personal Examination of
Affiant
COUNTER-AFFIDAVIT 7. Supporting Documents/Affidavits
Re: I.S. No. 1613
[1] I, MA LABO, of legal age, with assistance of counsel, do hereby state under oath Commented [FG73]: Because an affidavit must be
based on personal knowledge of the affiant, many times,
that: legal answers cannot be included for fear that affiant
does NOT have personal knowledge. Stating that affiant
was assisted by counsel may remove that problem as all
1. I am the Chief of Staff of the Mayor of Quezon City, and have been occupying that affiant has to do is say “I was advised by counsel
that…”
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 Commented [FG74]: Rule 110, section 6-13, 2000
Rules on Criminal Procedure
1. Information (with Certificate of Preliminary Investigation or Inquest) Checklist:
1. Parties
a. Bigamy a. Name of offended party
b. Name of accused
2. Designation of offense by statute
(Caption) 3. Acts or omissions complained of as constituting the
offense including a statement of the qualifying or
aggravating circumstances
PEOPLE OF THE PHILIPPINES, 4. Approximate time of the commission of the offense
5. Place of commission
Plaintiff, 6. Signature of Prosecutor (for Information)
7. Signature of Offended Party, Peace officer or Public
Criminal Case No. 00567 officer charged with enforcement of the law (for
- versus - For: Bigamy Complaint)
8. NOTE: if Information is filed after inquest (and not
preliminary investigation), ADD:
a. Place where accused is actually detained
PI KUTIN, b. Full name and address of evidence custodian
c. Detailed description of recovered items, if any
Accused. 9. Verification
x ---------------------------------------- x 10. Certification of Preliminary Investigation or Inquest
Commented [FG75]: 1989 Bar Question
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. Commented [FG76]: NOTE: The allegation of any

aggravating circumstances should be made here.
MA. ECHOSERA
Assistant City Prosecutor
CERTIFICATE OF PRELIMINARY INVESTIGATION Commented [FG77]: See Rule 112, section 4, 2000
Rules on Criminal Procedure. This Certification is
appended to an Information filed after a full blown
preliminary investigation is conducted; if the accused
I hereby certify that a preliminary investigation in this case was conducted by me was arrested without a warrant and refused/failed to
in accordance with law; that I examined the Complainant and her witnesses; that there execute a written waiver of the provisions of Article 125,
Revised Penal Code, the ACP should have conducted an
is reasonable ground to believe that the offense charged had been committed and that INQUEST and not a preliminary investigation. Any
Information filed would thus have a different
the accused is probably guilty thereof; that the accused was informed of the Complaint Certification, i.e., a Certification on Conduct of Inquest.
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 Commented [FG79]: Checklist:
1. Parties
a. Name of offended party
b. Name of accused
(Caption) 2. Designation of offense by statute
3. Acts or omissions complained of as constituting the
PEOPLE OF THE PHILIPPINES, aggravating circumstances
4. Approximate time of the commission of the offense
Plaintiff, 5. Place of commission
6. Signature of Prosecutor (for Information)
Criminal Case No. 00567 7. Signature of Offended Party, Peace officer or Public
- versus - For: Theft officer charged with enforcement of the law (for
Complaint)
KLEPTO MANIAC, a. Place where accused is actually detained
b. Full name and address of evidence custodian
Accused. c. Detailed description of recovered items, if any
x --------------------------------------------- x 9. Verification
10. Certification of Preliminary Investigation or Inquest
INFORMATION
Commented [FG80]: 1988 Bar Question
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 Commented [FG81]: See DOJ Circular No. 61

(September 21, 1993; “New Rules on Inquest”), section
14. As noted above, this Certification accompanies an
Information filed after an inquest and not a preliminary
I hereby certify that the accused was lawfully arrested without a warrant and investigation is conducted. An inquest is conducted only
that, upon being informed of his rights, refused to waive the provisions of Article 125 of if the respondent was arrested without a warrant and
does not waive the provisions of Article 125 of the RPC
the Revised Penal Code and, for this reason, an Inquest was conducted; that based on and does not wish to avail of a full-blown preliminary
investigation.
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 Commented [FG82]: 1982 Bar Question
1. Parties
(Caption) a. Name of offended party
b. Name of accused
2. Designation of offense by statute
PEOPLE OF THE PHILIPPINES, offense including a statement of the qualifying or
Plaintiff, aggravating circumstances
Criminal Case No. 00567 5. Place of commission
- versus - For: Attempted Rape 7. Signature of Offended Party, Peace officer or Public
officer charged with enforcement of the law (for
Complaint)
MAEL SIA, 8. NOTE: if Information is filed after inquest (and not
Accused. a. Place where accused is actually detained
x --------------------------------------------- x c. Detailed description of recovered items, if any
9. Verification
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 Commented [FG84]: Checklist:
1. Parties
a. Name of offended party
b. Name of accused
(Caption) 2. Designation of offense by statute
PEOPLE OF THE PHILIPPINES, aggravating circumstances
Plaintiff, 5. Place of commission
Criminal Case No. 00567 7. Signature of Offended Party, Peace officer or Public
- versus - For: Frustrated Murder officer charged with enforcement of the law (for
Complaint)
MAMA MATAY, a. Place where accused is actually detained
Accused. c. Detailed description of recovered items, if any
x --------------------------------------------- x 9. Verification
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 Commented [FG85]: 1988 Bar Question
Checklist:
2. Parties
[1] Republic of the Philippines 3. Distinct specification of factual and legal
National Capital Judicial Region grounds for quashal
4. Relief
REGIONAL TRIAL COURT 5. Date/Place
6. Signature of counsel
Branch 90, Quezon City 7. Notice of Hearing
8. Affidavit of service
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 00567
- 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 Commented [FG87]: Rule 126, sec. 14, 2000 Rules on
Criminal Procedure; this is a new pleading expressly
recognized for the first time in the Rules, although it
has been used widely in practice and even
[1] (Caption) acknowledged by the Supreme Court in case law.
PEOPLE OF THE PHILIPPINES, Please take note that this may be filed in and acted
upon only by the court where the action is filed but if no
Plaintiff, action has yet been filed, it may be filed with the court
that issued the search warrant. If no resolution has yet
been made by the Search Warrant Court by the time an
Information is filed, then the trial court shall resolve the
- versus - Criminal Case No. 00022 Motion to Quash.
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 Commented [FG89]: Rule 126, sec. 14, 2000 Rules on
Criminal Procedure; this is a new pleading expressly
recognized for the first time in the Rules, although it
has been used widely in practice and even
[1] (Caption) acknowledged by the Supreme Court in case law.
Please take note that this may be filed in and acted
upon only by the court where the action is filed but if no
PEOPLE OF THE PHILIPPINES, action has yet been filed, it may be filed with the court
that issued the search warrant. If no resolution has yet
Plaintiff, been made by the Search Warrant Court by the time an
Information is filed, then the trial court shall resolve the
Motion to Quash.
- 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 Commented [FG91]: Checklist:
2. Parties
3. Specification of grounds for entitlement to bail
[1] (Caption) 4. Prayer/Relief
5. Place/Date
PEOPLE OF THE PHILIPPINES, 7. Notice of Hearing
8. Proof of Service
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 Commented [FG92]: See Rule 114, as amended;
however, as bail is generally a matter of right and is
respectfully submits the following: only limited and made discretionary in capital cases, the
allegation in this regard would invariably be to the effect
that the evidence of guilt is not strong and the relief
1. The Information alleges that he raped the private complainant on 25 prayed for would be a bail hearing and the subsequent
admission to bail.
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 Commented [FG93]: Checklist:
1. All the requirements as in ordinary motions
2. Grounds for Probation (See PD 968, as amended)
3. Prayer/Relief
[1] (Caption) 4. Verification by Applicant

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
Republic of the Philippines

National Capital Judicial Region
REGIONAL TRIAL COURT
Plaintiff,
- versus -
RECY DIVIST,
Accused.
x ------------------------------------------ x
FORMAL OFFER OF EVIDENCE Commented [FG94]: Variably and acceptably

denominated by others as “Formal Offer of
Documentary Exhibits”; please note that this applies to
criminal and civil cases. In criminal cases, the private
THE PROSECUTION, by the undersigned public and private prosecutors, prosecutor has no personality to formally offer the
respectfully offer their documentary exhibits in support of their case-in-chief: evidence, thus, the offer is made in the name of the
prosecution.
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 Commented [FG96]: This is a common mistake for any
legal document submitted by a private prosecutor. It is
important to remember that the private prosecutor has
no personality to do anything in a criminal case as
Copy furnished: everything is under the control and direction of the
public prosecutor. Thus, every legal document must be
signed by both the public prosecutor and the private
MITCH MCDEERE prosecutor. Note that it would also be acceptable to
have the Offer that is prepared by a private
Counsel for Accused prosecutor signed by the public prosecutor to show
his conformity thereto.

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 Commented [FG98]: A Demurrer may also be called a
“Motion to Acquit” as the relief sought is acquittal.
THE ACCUSED, by counsel, with leave of court previously obtained, respectfully Commented [FG99]: There is a different rule in criminal
procedure as regards a Motion for Leave to File A
submits this Demurrer to the Prosecution’s Evidence on the ground that the prosecution Demurrer. The Motion for Leave must be filed prior to
the Demurrer. It is only when the Motion for Leave is
has failed to adduce sufficient evidence of his guilt to overcome the presumption of granted that the Demurrer may be filed.
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]
PLUS: Request for and Notice of Hearing Commented [FG100]: -NOTE: A Demurrer is essentially
a Motion to Acquit. It is thus a litigious motion and
should be set for hearing.

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, Commented [FG101]: Note the difference in the rule
between a civil demurrer and a demurrer in criminal
respectfully submits this Demurrer to the Evidence because plaintiff has failed to prove cases insofar as effects of leave of court is concerned. A
civil demurrer may be filed with or without leave of
entitlement to his claims by a preponderance of evidence: court but if the demurrer is granted and later reversed
on appeal, the defendant loses the right to adduce
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]
PLUS: Request for and Notice of Hearing

C. Notice of Lis Pendens Commented [FG102]: 1980 Bar Question

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 Commented [FG103]: 1978 and 2002 Bar Question

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

Regional Trial Court
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 Commented [FG104]: This is frequently overlooked but

is actually the most important part of the Entry of
Appearance as it indicates to the Court the authority
given and the source of such authority.
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. Commented [FG105]: NOTE: If the client gives express
conformity, no reason for withdrawal needs to be given.
Henceforth kindly address all pertinent notices to plaintiff at his address given in the However, if withdrawal is without conformity, the court
may ask counsel to secure conformity. If withdrawal is
Complaint. due to fundamental and irreconcilable professional
differences, then it must be stated so that the absence
of conformity of the erstwhile client is justified.

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 Commented [FG106]: 1975 Bar Question

REGIONAL TRIAL COURT Commented [FG107]: NOTE: The Notice of Appeal is
filed with the trial court, not the appellate court.
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 Commented [FG108]: 1979 and 1992 Bar Question

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 Commented [FG109]: Under AM No. 02-11-12-SC
Proposed Rule on Provisional Orders adopted by the
SC on 4 March 2003 and which took effect on 15 March
2003, the ff. provisional orders may be applied for upon
[Caption and Title] filing of a petition for declaration of nullity of marriage:
a) spousal support [§ 2]
b) child support [§ 3]
PETITIONER, by counsel, respectfully states that: c) child custody [§ 4]
d) visitation rights [§ 5]
e) hold departure orders [§ 6]
f) order of protection [§ 7]
1. Petitioner is a Filipino citizen, of legal age and married to respondent. For g) admin of common property [§ 8]
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 Commented [FG113]: 1988 Bar Question

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 Commented [FG114]: 1976, 1986 and 1992 Bar Exams
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 Commented [FG115]: 1976, 1987, 1988 and 1996 Bar
Question
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 th of
July 2007, the following persons, with their respective CTC details 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 Commented [FG116]: 1975, 1986 and 1988 Bar Exams
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 Commented [FG117]: 1979, 1983 and 2004 Bar Exams
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 7 th day of July 2007 in San
Juan, Metro Manila.
(Sgd.) PABLING SIA, SR.

F. Attestation Clause for a Notarial Will Commented [FG118]: This applies also to Donations
Mortis Causa, which are essentially wills. Not
applicable, however, to donations inter vivos.
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 7th
day of July, 2007, personally appeared:
PABLING SIA, SR. (Testator), with Valid Identification Document _______

issued by (official agency), on 6 July 2006;
SAKSI 1 (Witness), with Valid Identification Document _______ issued by

(official agency), on 6 July 2006;


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 Commented [FG121]: 1987 Bar Question

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 7 th 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) Commented [FG122]: 1979, 1983, 1984, 1989, 1991
and 1997 Bar Exams
Republic of the Philippines )

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.
Makati City.
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.
Makati City.
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.

Makati City.
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 2007 at
Makati City.
DAMI UTANG DAMI LUPA

Assignor Assignee
With my marital consent:

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

S. Chattel Mortgage Commented [FG123]: 1997 Bar Question

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 Commented [FG124]: Please attach this particularly to

a chattel mortgage.
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 Commented [FG125]: Rules 40, 42, 43, 44, 122
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 Commented [FG131]: Rules 42, 43, 45, 122
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)

Legal Forms

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Legal Forms

Uploaded by

Copyright:

Available Formats

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

LEGAL FORMS AND WRITING JANEIT PAJILA 2

III. PLEADINGS AND OTHER LEGAL FORMS IN CRIMINAL PROCEDURE

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

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

Other just and equitable reliefs are also prayed for.

C. Jurat Commented [FG3]: The JURAT accompanies any

(Sgd.) JUAN CRUZ

LEGAL FORMS AND WRITING JANEIT PAJILA 5

D. Verification Commented [FG5]: A pleading is verified by an affidavit

Under Sec. 4, par.3, Rule 7, a verification based on

(Sgd.) JUAN DELA CRUZ

NOTE: Pleadings required to be verified

Failure to comply with this req’t is not curable by mere

Submission of a false certification or non-compliance

LEGAL FORMS AND WRITING JANEIT PAJILA 6

(Sgd.) JUAN DELA CRUZ

F. Combined Verification and Certification against Forum Shopping

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

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

(Sgd.) JUAN DELA CRUZ

G. Combined Verification, Certification against Forum Shopping, and

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

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

(Sgd.) JUAN DELA CRUZ

LEGAL FORMS AND WRITING JANEIT PAJILA 7

(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 failure to serve

Copy furnished through registered mail:

LEGAL FORMS AND WRITING JANEIT PAJILA 8

(Sgd.) JANG GEUN SUK

Republic of the Philippines)

That on ______________________, I served a copy of the following

in Case No. _________________ entitled ____________________ by depositing a copy in

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

(Sgd.) JUAN DELA CRUZ

City of Manila, 13 April 2007.

Atty. Mitch McDeere

LEGAL FORMS AND WRITING JANEIT PAJILA 9

LEGAL FORMS AND WRITING JANEIT PAJILA 10

Republic of the Philippines)

LEGAL FORMS AND WRITING JANEIT PAJILA 11

Defendant, ABC, by counsel, respectfully appeals to this Honorable Court the

Quezon City, 2 May 2007.

(Sgd.) MITCH MCDEERE

LEGAL FORMS AND WRITING JANEIT PAJILA 12

ALIS DI-YAN COMPANY,

PLAINTIFF, by counsel, respectfully states that:

3. Upon expiration of the contract, plaintiff informed defendant of its intention

5. Defendant’s act of dispossession has caused plaintiff to suffer material injury

[5] WHEREFORE, plaintiff respectfully prays for judgment in its favor by

Other just and equitable reliefs are also prayed for.

in Case No. _ entitled ____ by depositing a copy in