Professional Documents
Culture Documents
LEGAL FORMS Teodoro Te Reviewer
LEGAL FORMS Teodoro Te Reviewer
(2009 Revision)1
THEODORE O. TE2
Intended for Exclusive Use of the University of the Philippines College of Law
Bar Examination Candidates for 2009 in the Professional Enhancement Program-Bar
Review 2009
Any other use, without permission of the author, is prohibited and all legal rights are
reserved.
These forms were first made in 1997 and distributed n 1998 for use in the UP-LSG Bar Ops for that year; its
was formerly titled Pleadings, Petitions, Motions and Other Legal and Judicial Forms. It was last revised in
this form 2007; the contents are also published by CDAsia as Philippine Legal and Judicial Forms and
copyright is owned by the Author. All rights are reserved..
2
Assistant Professor, University of the Philippines; Vice President for Legal Affairs, University of the
Philippines; Former Director, Office of Legal Aid; Ll.B., U.P. (1990); Grateful acknowledgement is given to
Atty. Feliz Marie M. Guerrero, J.D. U.P. (2008) for invaluable assistance in re-formatting, proofreading and
updating of legal references.
TABLE OF CONTENTS
Table of Contents
On Writing, Legally
I.
COMMON FORMS
A. Caption and Title
B. Prayer
C. Jurat
D. Verification
E. Certification against Forum Shopping
F. Combined Verification and Certification against Forum Shopping
G. Combined Verification, Certification against Forum Shopping, and
Statement of Material Dates
H. Request for and Notice of Hearing
I. Proof of Personal Service
J. Proof of service by registered mail (with Explanation for failure to
serve personally)
K. Place, date, signature, address, Roll number, IBP receipt number,
PTR number
L. Acknowledgement
M. Notice of Appeal
II.
ii
v
1
1
1
2
2
2
3
3
3
4
4
5
5
6
7
8
9
10
12
13
15
16
17
18
19
20
21
22
a. Certiorari
b. Prohibition
c. Mandamus
2. Quo warranto, Interpleader, Quieting of Title, and Declaratory
Relief
a. Complaint in Interpleader
ii
23
24
25
26
IV.
V.
VI.
27
28
29
30
31
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
48
49
49
50
51
52
54
55
55
56
57
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
VII.
Notarial Will
Attestation Clause for a Notarial Will
Acknowledgement of a Notarial Will
Donation Inter Vivos
Acknowledgment of Nominee Status with Assignment of Shares
Secretarys Certificate
Board Resolutions
1. Authority to Act
2. Increase in number of directors and necessary amendment to
the Articles of Incorporation
Deed of Assignment
Deed of Sale of Registered Land (unilateral)
Deed of Sale of Unregistered Land (unilateral)
Deed of Sale with Pacto de Retro (bilateral)
Deed of Repurchase of land sold under Pacto de Retro
Deed of Sale with Mortgage
Dacion en Pago (Deed of Assignment of Real Estate in payment of
debt)
Chattel Mortgage
iv
57
58
58
59
60
61
61
61
62
63
64
65
66
67
68
69
70
70
70
70
70
70
71
71
ON WRITING, LEGALLY
Therefore, its name was called Babel,
because there the Lord confused the
language of all the earth. Genesis, 11:9,
ESV
If brevity is the soul of wit, what now is to become of lawyers (and law students) who
would nonchalantly write a 100-page document and dare call it a Brief?
The traditional notion of legal writing is that it is a competition to put together as
many four to five-syllable words in a one-paragraph sentence. The language of the law
mystifies and with this comes the power of the lawyer for the more obscure and obtuse 3 the
language, the greater the need for a lawyer.
History has given us many language handicaps and obstacles to clarity and precision.
Throughout four or five years of law school, the law student, who eventually becomes a
lawyer, is trained to think in archaic words and phraseslegalesewhich appear to have great
legal significance but are actually too imprecise to help anyone understand what is going on.
And to add to the Babelish situation, there are hundreds of words in a dead languageLatin
that have little relevance to the contemporary world.
There is a sea change, however, going on in legal writing. More and more, pleaders
are asked to be clear and concise, precise not pedantic. Why waste five words when only
three will do?4 But change, as always, is difficult and painful. Yet, it is an essential response
to todays evolving legal profession. Indeed, when the most common means now of
communicating is faster than sound SMS, with its own subculture and lingo, there must be a
re-examination of the archaic and pedantic manner by which legal writing presents itself.
What this short introduction to the accompanying handbook of Pleadings, Petitions,
Motions and Other Legal and Judicial Forms seeks to do is to put forth the need to write
clearly and concisely, precisely but not pedantically. What this Forms book seeks to do is to
assist the fledgling5 and seasoned legal pleader, drafter and advocate by presenting in the
form they are required to appear, with words that are clear and concise, precise not pedantic.
When a judges attention span is short and his reading backlog is long, the need to
write concisely, clearly, precisely and not pedantically becomes absolutely urgent.
Writing concisely and not pedantically, however, does not mean that the legal writer
ought to cut corners when it comes to substance as well as form; the only thing that that
guarantees is a baleful stare and a rude dismissal from the judge. Not only must the writer
know the arguments and the bases for his arguments, but she must also realize that these
arguments need to be presented in a manner that is technically sufficient.
3
The use of the word is deliberate and intended to be ironic--to demonstrate the point.
My favorite, and many of my students will attest to this, is the absolutely archaic Comes Now, the Plaintiff,
by the undersigned counsel, unto this Honorable Court, respectfully states that as part of every pleading. Why
waste 15 words, when 6 will do, thus: Plaintiff, by counsel, respectfully states that. The latter loses none of
the legal gravitas but loses every bit of the archaic pretense that mystifies the law and perpetuates the notion that
laywers know what they are doing each and every time.
5
It was originally intended as a bar examination guide and as a teaching tool for evidence and procedure classes.
4
It is hoped that the forms presented here, with checklists 6 of legal requirements and
short annotations, will provide the impetus for demystifying legal writing and legal drafting.
These forms come from actual forms used in the authors practice, some from worthy
opponents and still some from traditional form books, with updates to fit the current state of
the Rules.
While this handbook was produced, primarily, with bar examinees and the law intern
or law student in mind, it is hoped that it might prove helpful as well when September ends 7
and life, as a lawyer, begins in earnest.
Theodore O. Te
3 Floor, Quezon Hall (Southwing),
University of the Philippines, Diliman, Quezon City
rd
Acknowledgment is given to Atty. Alex M. Enriquez, (Ll.B., UP, 1990) for the original template of the
Checklists, which have been updated to suit current practice.
7
The reference is to the song by Green Day, an American punk band, entitled Wake Me Up When September
Ends, which has absolutely nothing to do with the bar or taking the bar (as it refers to a death in the family)
except the month referred to in the title and the yearning expressed to see the month end. It has, at some point in
time, aptly become an unofficial anthem of sorts for some bar examinees, Much more apt perhaps than My
Way which starts with, And now the end is near.
vi
I.
COMMON FORMS
A. Captio and Titl
Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 1, Manila
____________________,
Plaintiff,
-versusNo._______________
Civil
Case
For _______________________
______________________,
Defendant.
x------------------x
B. Prayer
PRAYER
WHEREFORE it is respectfully prayed, after notice and hearing, that the defendant be
ordered to pay the plaintiff the amount of One Million Pesos (Php.1,000,000) for actual and
compensatory damages, Fifty Thousand Pesos (Php.50,000) for moral damages, Fifty
Thousand Pesos (Php.50,000) for exemplary damages, and Fifty Thousand Pesos
(Php.50,000) for attorneys fees.
Other just and equitable reliefs are also prayed for.
C.
Jura
D.
Verificatio
VERIFICATION
)
) s.s.
C.K. Hilfiger, after having been duly sworn in accordance with law, deposes and
states that:
1. He is the plaintiff in the pleading/document entitled (pleading/document being
verified)
2. He has caused its preparation
3. He has read it and the allegations therein are true and correct of his own
knowledge or based on authentic records.
(Sgd.) C.K. HILFIGER
PLUS: Jurat
NOTE: Pleadings required to be verified
1. All pleadings under the Rules of Summary Procedure
2. Complaints for
a. Forcible entry
b. Unlawful detainer
c. Replevin
3. Complaints with application for injunction or attachment
4. Answer to complaint or counterclaim based on actionable documents
5. Petitions for
a. Certiorari
b. Prohibition
c. Mandamus
d. Habeas Corpus
e. Change of Name
E.
)
) s.s.
C.K. Hilfiger, after having been duly sworn in accordance with law deposes and states
that:
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 _____________.
(Sgd.) C.K. HILFIGER
PLUS: Jurat
against
Forum
Shopping,
and
PLUS: Jurat
H.
J.
)
) s.s.
AFFIDAVIT
L.
Acknowledgmen
)
) s.s.
BEFORE ME, this 13th day of April, 2007 in the City of Manila, Philippines, personally
appeared ATTICUS FINCH, with [Valid Identification Document] (Drivers License No. N25-07007777) issued by the [official agency] (Land Transportation Office) on 10 January 2007,
known to me to be the same person who executed the foregoing instrument, and who
acknowledged to me that the same is his free act and deed.
IN WITNESS WHEREOF, I have set my hand and affixed my Notarial seal on the day,
year and place written.
(Sgd.) N. O. TARIO
Notary Public
Until __________________
PTR No. _______________
Issued at ______________
On ___________________
Doc. No.
Page No.
Book No.
Series of 2007
NOTE: If the instrument consists of 2 or more pages, include the following after the 1 st
paragraph:
This instrument, consisting of ___ pages, including the page on which this
acknowledgment is written, has been signed on the left margin of each and every page
thereof by ___________ and his witnesses (if any), and sealed with my Notarial sea.
NOTE: If the instrument conveys 2 or more parcels of land, include the following after the 1 st
paragraph:
This instrument relates to the sale (or mortgage) of ___ parcels of land, and consists
of ___ pages including the page on which this acknowledgment is written, each and every
page of which, on the left margin, having been signed by ______________ and his witnesses (if
any), and sealed with my Notarial seal.
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
Counsel for Defendant
2 The Firm
Laguna Street, Quezon City
II.
Defendant.
x ----------------------------------- x
COMPLAINT
PLAINTIFF, by counsel, respectfully states that:
[2] 1. Plaintiff is a foreign corporation organized and existing under the laws of
France with business address at 111 Ocean Drive, Tuna Compound, Quezon City; Defendant
is a Filipino, of legal age, single and currently resident of 112 Ocean Drive, Tuna Compound,
Quezon City, where he may be served with summons and other pertinent processes.
[3] 2. Plaintiff owns that property located at 112 Ocean Drive, Tuna Compound,
Quezon City which it leased to defendant under the terms and conditions stated in the
Contract of Lease dated 1 January 2005, which contract expires on 31 December 2006. A
copy of the contract is attached as ANNEX A.
3. Upon expiration of the contract, plaintiff informed defendant of its intention not to
renew the lease as it would use the property for its business expansion; plaintiff then asked
defendant to vacate the premises. A copy of plaintiffs letter to defendant is attached as
ANNEX B.
[4] 4. Despite demand duly made and received, defendant has refused to vacate the
premises and continues to occupy the property without plaintiffs consent. Resort to the
Barangay conciliation system proved useless as defendant refused to appear before the
Lupong Tagapamayapa. A Certification to File Action is attached as ANNEX C.
5. Defendants act of dispossession has caused plaintiff to suffer material injury
because plaintiffs business expansion plans could not be implemented despite the arrival of
machineries specifically leased for this purpose at the rental rate of US$500 per month.
Defendants continued occupation of the premises has also forced plaintiff to sue and to
incur legal expenses amounting to Fifty Thousand Pesos (P50,000.00).
[5] WHEREFORE, plaintiff respectfully prays for judgment in its favor by ordering
defendant to vacate the property and peacefully turn over possession to plaintiff and for
defendant to pay plaintiff the amount of US$3,500 representing rentals on the machineries
for seven (7) months and Fifty Thousand Pesos (P50,000.00) for Attorneys fees.
Other just and equitable reliefs are also prayed for.
[6] Quezon City; 13 April 2007
[7] (Sgd.) ATTICUS FINC
Counsel for Plaintiff
[Address]
PLUS:
2.
ESTA PADORA,
Plaintiff,
[2] 1. Plaintiff is a Filipino, of legal age, and resident of 6750 Forbes Park, Makati
City; defendant is also a Filipino, of legal age and resident of 6752, Forbes Park, Makati City,
where he may be served with summons and other processes.
[3] 2. Sometime in January 2005 and over a period of six (6) months, defendant
borrowed certain amounts from plaintiff. Defendant promised to pay these amounts on an
installment basis monthly.
These amounts now total Nine Hundred Thousand Pesos
(P900,000.00).
[4] 3. Despite repeated demands, both oral and written, defendant failed or has
refused to pay any amount to plaintiff as no installment payment has even been made. A
copy each of plaintiffs two (2) demand letters is attached as ANNEX A and B.
4. Resort to the Barangay Conciliation process proved fruitless as defendant failed to
appear, despite notice on him to appear. Thus, a Certification to File Action, a copy of which
is attached as ANNEX C, was issued by the Barangay Chairman.
5. Defendants 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 defendants unreasonable failure or refusal to pay his due and
demandable obligation, plaintiff was forced to engage the services of counsel to vindicate
his rights thereby committing himself to pay legal expenses amounting to Fifty Thousand
Pesos (P50,000.00).
[5] WHEREFORE, plaintiff respectfully prays for judgment in his favor through a
Decision directing defendant to pay him NINE HUNDRED THOUSAND PESOS (P900,000.00),
with legal interest, as ACTUAL DAMAGES and FIFTY THOUSAND PESOS (P50,000.00) as
Attorneys Fees.
Other just and equitable reliefs are also prayed for.
[6] Quezon City for Makati; 13 April 2007.
[7] (Sgd.) ATTICUS FINCH
Counsel for Plaintiff
[Address]
PLUS: [8] Verification and Certification against Forum Shopping
3.
HURTS RENT-A-CAR,
represented by AKIN NAYAN,
Plaintiff,
4.
NANG UUPA,
Plaintiff,
B.
Defendant.
x ----------------------------------- x
ANSWER
(With COUNTERCLAIM)
DEFENDANT, by counsel, respectfully states that:
Admissions/Denials
[2] 1.
He admits the contents of paragraph 1 only insofar as his personal
circumstances but specifically denies the contents insofar as plaintiffs personal
circumstances for the reason stated in the Affirmative Defenses below.
2. He admits the contents of paragraph 2 only where it states that a Contract of
Lease was entered into but specifically denies that the Contract reflects the true intent of
the parties as explained in the Affirmative Defenses below.
3. He admits the contents of paragraph 3 only as to the fact that demand to vacate
was made but specifically denies its contents as to the truth of the reasons for the letter for
lack of knowledge sufficient to form a reasonable belief as to its truth or falseness..
4. He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in
the Affirmative Defenses below.
Affirmative Defenses
[4] 5. Defendant reiterates, repleads and incorporates by reference all the foregoing
insofar as they are material and additionally submit that the Complaint should be dismissed
because:
5.1. Plaintiff has no capacity to sue as it is a foreign corporation doing
business in the Philippines without a license.
5.2. The Complaint fails to state a cause of action as the Contract of
Lease (ANNEX A) was, before its expiration, superceded by a Deed of Absolute
Sale whereby plaintiff sold to defendant the parcel of land in question, a copy
of which is attached as ANNEX 1.
Counterclaim
[5] 6. Defendant reiterates, repleads and incorporates by reference all the foregoing
insofar as they are material and additionally submit that he is entitled to relief arising from
the filing of this malicious and baseless suit, as follows:
6.1.
Moral
Damages
amounting
to
One
Million
Pesos
(PHP1,000,000/00) because his name and reputation were besmirched by this
malicious and baseless suit.
6.2. Attorneys Fees amounting to One Hundred Thousand Pesos
(P100,000.00) because he was compelled to secure services of counsel to
vindicate his legal rights.
[6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his
favor by dismissing the Complaint and granting defendants counterclaim by awarding
defendant: (a) One Million Pesos as Moral Damages, and (b) Fifty Thousand as Attorneys
Fees.
Other just and equitable reliefs are prayed for.
10
11
2.
12
C.
Pre-trial Brie
LAKISA LAYAW,
Plaintiff,
Defendant.
x ------------------------------------- x
PRE-TRIAL BRIE
DEFENDANT, by counsel, respectfully submits her Pre-Trial Brief, as follows:
I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT
AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT
1.1. Subject to a concrete proposal that is fair and reasonable and a reciprocal
manifestation of openness from plaintiff, defendant is open to the possibility of amicably
settling this dispute.
[1 & 2] 1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure,
defendant respectfully submits that the desired terms of any amicable settlement would
involve, first, a clarification of the actual extent of any obligation due and owing to plaintiff
inasmuch as there is nothing to indicate defendants obligations to plaintiff and, second, a
schedule of payments.
II. BRIEF STATEMENT OF CLAIMS AND DEFENSES
2.1. Plaintiff seeks principally to recover the amount of Twenty Two Million Eight
Hundred Eighteen Thousand Nine Hundred Forty Eight Pesos and Thirty Centavos
(PHP22,818,948.30) with interest at twelve percent (12%) arising allegedly from unpaid
orders delivered to defendant variously in 1989.
2.2. Defendant resists plaintiffs claims based on a failure to state a cause of action
because of :
2.2.1. Plaintiffs lack of personality to sue and, therefore, not being the
real party in interest under Rule 3, section 2 of the 1997 Rules of Civil
Procedure;
2.2.2.
Extinguishment of the alleged claim made by the entity
Regency Furniture.
2.3. Defendant also interposed a compulsory counterclaim for Two Million Pesos
(PHP2,000,000.00) for moral damages and Two Million Pesos (PHP2,000,000.00) for
exemplary damages and One Hundred Thousand Pesos (PHP100,000.00) as attorneys fees.
III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES
[3] 3.1. Defendant admits only those facts stated in her Answer, i.e., her personal
circumstances, receipt of the demand letter dated January 5, 1997 and her reply to the
demand letter.
3.2. Subject to a concrete proposal for stipulation of additional facts from plaintiff
during pre-trial or even thereafter, defendant admits no other facts stated in the Complaint.
IV. ISSUES TO BE TRIED
[4] 4.1. Defendant submits that the following issues put forward by plaintiff are
subject to proof:
4.1.1. Plaintiffs personality to seek legal relief;
4.1.2. Plaintiffs entitlement to the amount claimed;
13
4.2.
Defendant submits that the following issues she put forward are subject to
proof:
4.2.1. Plaintiffs bad faith in filing this suit;
4.2.2. Defendants entitlement to the claims made in her Compulsory
Counterclaim as a result of plaintiffs bad faith;
V. EVIDENCE
[6] 5.1. Defendant intends to present the following witnesses:
5.1.1. Defendant herself, who will testify on the true circumstances
leading to the filing of this suit against her;
5.1.2. An employee of Topless Enterprises with personal knowledge as
to the true circumstances behind the alleged obligations due and owing in
favor of plaintiff.
[5] 5.2. Defendant reserves the right to present any and all documentary evidence
which shall become relevant to rebut plaintiffs claims in the course of trial as well as any
other witnesses whose testimony will become relevant to belie plaintiffs witnesses, if
necessary.
VI. RESORT TO DISCOVERY
[7] 6.1. Considering the relatively simple issues presented, defendant does not
intend to avail of discovery at this time.
6.2. Subject, however, to a concrete and reasonable request for discovery from
plaintiff, defendant reserves the right to resort to discovery before trial.
RESPECTFULLY SUBMITTED.
Quezon City; 13 April 2007.
(Sgd.) MITCH MCDEERE
Counsel for Defendant
[Address]
Copy furnished:
Atty. MA BOLA
Counsel for Plaintiff
14
D.
Motion
1. Motion to dismiss (with request for and notice of hearing
Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch 39, Quezon City
15
2.
LAKI UTANG,
Petitioner,
16
3.
LAKISA LAYAW,
Plaintiff,
Civil Case No. 97-31312
For: Sum of Money
17
4.
LAKISA LAYAW,
Plaintiff,
Civil Case No. 97-31312
Please submit the foregoing to the Court for its approval immediately upon receipt
Copy furnished:
MITCH MCDEERE, ESQ.
2 The Firm
Laguna Street, Quezon City
Please take notice that counsel has requested for the approval of the foregoing
motion immediately upon receipt.
(Sgd.) ATTICUS FINCH
Counsel for the Plaintiff
PLUS: [5] Proof of Service
18
5.
DILA TORY,
Plaintiff,
Civil Case No. 008877
19
6.
DILA TORY,
Plaintiff,
Civil Case No. 008877
This motion is not intended for delay but is motivated only by the foregoing
20
7.
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 000909
21
8.
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 000909
22
2. (State the date on which copy of Decision was received and/or Resolution on
Motion for Reconsideration, if filed, denied.)
[3] 3. (State briefly the facts and circumstances under which the respondent/s
exercising judicial functions acted without, or in excess of, jurisdiction or with grave abuse of
discretion amounting to lack or excess of jurisdiction.)
4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal
right, [b] which is threatened by an act or omission of respondents, [c] and that, unless
restrained, will cause grave and irreparable injury to petitioner. Allege also that petitioner is
ready to post a bond in an amount to be fixed by the Court conditioned upon the payment
to respondents of any damages suffered arising from the writ should petitioner be found not
to be entitled to the writ.)
5. There is no appeal from such decision or any plain or adequate speedy remedy in
the ordinary course of law, except this petition.
6. A certified true copy (or duplicate original copy) of the Decision under review is
attached as ANNEX A.
[4] WHEREFORE, it is respectfully prayed that a writ of certiorari be issued
ANNULLING the (act, decision or finding) for being in grave abuse of discretion; in the
interim, that a preliminary injunction and/or temporary restraining order issue to ENJOIN any
further proceedings by respondents.
Quezon City; [1] 7 July 2007.
(Sgd.) ATTICUS FINCH
Counsel for the Petitioner
[Address]
PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of
Material Date
* 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.
23
b.
Prohibiti
(Caption and Title)
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 remedy in
the ordinary course of law, except this petition.
6. A certified true copy (or duplicate original copy) of the Decision under review is
attached as ANNEX A.
[4] WHEREFORE, it is respectfully prayed that an injunction or TRO be issued
directing respondent/s to desist and refrain from further proceedings in the premises, and
that after due notice and hearing, a writ of prohibition issue directing respondent/s to desist
absolute and perpetually from further proceedings (in the said action or matter).
Quezon City; [1] 7 July 2007.
(Sgd.) ATTICUS FINCH
Counsel for the Petitioner
[Address]
PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of
Material Date
24
c.
Mandamu
(Caption and title)
PETITION
25
[1] 1. Plaintiff and defendants are all of legal age; plaintiff resides at ________________
while defendants reside at _______________ and _______________, respectively, where they may
be served with pertinent notices.
[2] 2. On 1 June 2007, plaintiff found a Gold Rolex Oyster watch, without knowing
who its true owner is. The watch is now in plaintiffs possession. On or about 5 June 1999,
defendants made similar representations to plaintiff as to ownership of the watch.
3. Plaintiff, who claims no interest in the watch, cannot determine the conflicting
claims of defendants and thus seeks to compel defendants to interplead and litigate their
several claims between themselves.
[3] WHEREFORE, it is respectfully prayed that this Honorable Court issue an order
directing defendants to interplead with one another to determine their respective rights and
claims and to allow plaintiff to recover his expenses for safekeeping and the costs of this
suit, as first lien upon the subject matter of this action
[4] Quezon City; 7 July 2007.
[5] (Sgd.) ATTICUS FINCH
26
b.
27
c.
INA API,
Plaintiff,
- versus -
28
d.
Quo Warrant
(Caption and title)
COMPLAINT
29
III.
)
) s.s.
COMPLAINT-AFFIDAVIT
[1] I, MA SELAN, of legal age, Filipino, with assistance of counsel and [2] resident of
4 Privet Drive, Triple X Village, Makati, do hereby state under oath that:
1. I am a member of the Triple X Village Homeowners Association (Association)
and was formerly a Director and Corporate Secretary of the Association.
[3] 2. I accuse and hereby charge MR. MA INGAY, residing at 5 Privet Drive, Triple
X Village, Makati, of violating Article 358 of the Revised Penal Code (Slander and Oral
Defamation), committed against me when he publicly, maliciously and deliberately uttered
defamatory remarks against me during the Board Meeting of the Association on 27 January
2007. This is attested to by the following exchange that transpired between Mr. Ingay and
the other members of the Board in attendance:
(Quote Exchange)
Attached as ANNEX A is a copy of the official transcript of the meeting.
3. Prior resort to the Barangay conciliation system proved fruitless as Mr. Ingay did
not retract his remarks. Consequently, a Certification to File Action was issued by the
Barangay Chairperson, a copy of which is attached as ANNEX B.
4. There is no other person named Ma Selan residing at Triple X Village nor is there
any other person named Ma Selan who has acted as Board Member of the Association.
Consequently, Mr. Ingays public and defamatory utterance was clearly a reference to me
and to no other.
5. Mr. Ma Ingays remarks, calling me a swindler twice over, uttered in a public
meeting are clearly insulting and defamatory as they malign me and attribute to me a
criminal act, nature and predisposition. There is, moreover, no doubt that Mr. Ingays use of
the word swindled was deliberate as his explanation and clarification a few utterances
thereafter would show. Mr. Ingays remarks are also very serious as they cast aspersions on
my reputation, character and very person before my peers and fellow homeowners.
6. Mr. Ingays remarks have injured my name, reputation and character before my
neighbors and peers. While my name, reputation and character are incapable of pecuniary
estimation as these are the result of a lifetimes effort to build a name, reputation and
character that my children and their children can be proud to bear, Mr. Ingay cannot be
allowed to simply go scot-free without bearing the consequences of his acts. For this reason,
I am also holding Mr. Ma Ingay liable civilly for defaming me in the amount of One
Million Pesos (P1,000,000.00) in nominal damages, Five Hundred Thousand Pesos
(P500,000.00) in moral damages and Five Hundred Thousand Pesos (P500,000.00)
in exemplary damages.
TO THE TRUTH OF THE FOREGOING, I have signed this Complaint-Affidavit on 13 April
2007.
[4] (Sgd.) MA SELAN
Complainant-Affiant
[5] SUBSCRIBED AND SWORN TO BEFORE ME this 13th day of April 2007.
(Sgd.) Investigating Prosecutor
[6] CERTIFICATION
I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM
SATISFIED THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT.
(Sgd.) Investigating Prosecutor
30
2.
Counter-Affidavi
)
COUNTER-AFFIDAVIT
Re: I.S. No. 1613
[1] I, MA LABO, of legal age, with assistance of counsel do hereby state under oath
that:
1. I am the Chief of Staff of the Mayor of Quezon City, and have been occupying said
post since his election to the post in 1998. In said capacity, I am in charge of coordinating
the day-to-day affairs and activities of his Office.
[2] 2. I recently learned that I have been made a respondent in I.S. No. 1613, a
charge for estafa, filed by a certain MA GULANG on 19 January 2007 before the Office of
the City Prosecutor for Quezon City.
3. The charge is based on a supposedly unpaid account for the purchase of seven (7)
Nextel phone units by a Mr. MANGGA GANTSO of the Quezon City Rescue and Environmental
Distress Unit, which made the Mayor their Honorary Chairman with no direct functions; he
has been supporting their activities financially with voluntary contributions.
[3] 4. There is no truth to the allegations in MA GULANGs complaint. There is no
factual nor legal basis to charge me with estafa. The Complaint must be dismissed. To rebut
and contradict MA GULANGs malicious lies, I set forth the true circumstances leading to the
transaction below:
4.1. Sometime last year, Ms. Gulang called the office of the Mayor,
looking for him; I informed her that he was not around. I took a message from
her saying that she was a friend of the Mayor and that she was selling Nextel
units and if we wanted to buy units from her. I informed her that both the
Mayor and I had our units already; she then told me if the Mayor could refer
her to prospective clients. When the Mayor arrived, I relayed the message to
him.
4.2. Quite coincidentally, Mr. Gantso had called the Mayor asking if he
could assist in securing Nextel units. The Mayor asked me to call Ms. Gulang.
Mr. Gantso and Ms. Gulang were able to meet, as a result.
4.3. On that day, Ms. Gulang brought the units to the Mayors Office;
she met with Mr. Gantso inside the Mayors office. They transacted business
inside the Mayors Office and only passed by my office on their way out.
4.4. Some time after that, Ms. Gulang phoned me and told me that Mr.
Gantso had not paid her the amount of P11,000.00 for the units. Somewhat
embarrassed by this, I called Mr. Gantso and told him to pay Ms. Gulang; he
assured me that he would pay her but that he just needed to collect money
from the rest of the group.
4.5. After persistent calls from Ms. Gulang telling me that Mr. Gantso
had not yet paid, I gave her the telephone number of Gantso so that she could
just call him directly. But even then, I would still get calls from Ms. Gulang; and
when she started to get angry over the telephone, I set up an appointment for
Mr. Gantso to meet with her at the Office.
4.6. Thereafter, I would still receive phone calls telling me that Mr.
Gantso had yet to pay; I would follow up with Mr. Gantso but he simply gave
me this promise that he would pay.
5. It is utterly inexplicable that Ms. Gulang would hold me liable for estafa when all
that I did was to refer Ms. Gulang to Mr. Gantso; to a certain extent, I even exerted my best
efforts to see that Ms. Gulang was paid due simply to my great embarrassment at the
prospect of being accused of referring a person who does not know how to pay for an
obligation.
6. For this reason, it is certainly incomprehensible that I should stand accused of
estafa by Ms. Gulang. I performed no act of deceit or fraud against her in ordering
the units. I performed NO ACT that even remotely resembles ANY of the acts
punished under Article 315. If at all, any cause of action is PURELY CIVIL in nature and
that liability does not pertain to my personal account in the absence of a showing that I
31
benefited from the Nextel units (which Ms. Gulang does not even allege and cannot prove);
any civil liability should pertain to the Office of the Mayor, not to me.
7. Considering the foregoing, I respectfully submit that there is no prima facie basis
to conclude that the crime of Estafa or that any crime at all has been committed. The
Complaint against me should, thus, be dismissed.
2007.
PLUS:
1. [5] Verification
2. [6] Certification
32
B.
- versus PI KUTIN,
Accused.
x ---------------------------------------- x
INFORMATION
The Undersigned accuses PI KUTIN of the crime of Bigamy, committed as follows:
That on or about 3 July 2006, in the City of Quezon and within the
jurisdiction of this Honorable Court, the said accused, being then legally
married to BIL MOKO, and without such marriage having been legally
dissolved and thus valid and existing, did wilfully, unlawfully and felicitously
contract a second marriage with ASA WA in the City of Quezon.
CONTRARY TO LAW
ELLIOT NESS
Assistant City Prosecutor
CERTIFICATE OF PRELIMINARY INVESTIGATIO
I hereby certify that a preliminary investigation in this case was conducted by me in
accordance with law; that I examined the Complainant and her witnesses; that there is
reasonable ground to believe that the offense charged had been committed and that the
accused is probably guilty thereof; that the accused was informed of the Complaint and of
the evidence submitted against him and was given the opportunity to submit controverting
evidence; and that the filing of this Information is with the prior authority and approval of
the City Prosecutor.
ELLIOT NESS
Assistant City Prosecutor
SUBSCRIBED AND SWORN TO BEFORE ME this 9th day of August 2006 in Quezon City.
AL CAPONE
City Prosecutor
33
b.
The
(Caption)
Accused.
x --------------------------------------------- x
INFORMATION
34
c.
Attempted Ra
(Caption)
Accused.
x --------------------------------------------- x
INFORMATION
The undersigned accuses MAEL SIA of attempted rape committed as follows:
That on or about 6 June 2005, in Quezon City, the accused did then and
there wilfully, unlawfully and feloniously enter the house of SEK SEE, a
married woman, and finding that her husband was away, with lewd designs
and by means of force and intimidation, commenced directly by overt acts to
commit the crime of attempted rape upon her person, to wit: while SEK SEE
was cooking lunch, the accused seized her from behind, threw her to the floor,
raised her skirt, pulled down her underwear and attempted to penetrate her
with his sexual organ and would have succeeded in doing so had not her loud
protests and vigorous resistance brought her neighbors to her assistance,
causing the accused to flee from the premises without completing all the acts
of execution.
CONTRARY TO LAW with the aggravating circumstance of dwelling.
ELLIOT NESS
Assistant City Prosecutor
PLUS: Certification of Preliminary Investigation or Inquest
35
d.
Frustrated Murde
(Caption)
Accused.
x --------------------------------------------- x
INFORMATION
The undersigned accuses MAMA MATAY of frustrated murder committed as follows:
That on or about 21 August 2006, in Quezon City, the accused did then
and there take a loaded .44 Caliber Magnum pistol, directly aim the same
firearm at the person of VIC TIMA, an invalid septuagenarian, and, at point
blank range, with intent to kill, discharge the firearm twice against the person
of said Vic Tima, inflicting on said Vic Tima two (2) wounds on his chest and
stomach, which wounds would have been fatal had not timely medical
assistance been rendered to the said Vic Tima.
CONTRARY TO LAW with the aggravating circumstances of Evident
Premeditation, use of firearm and disregard of age.
(Sgd.) ELLIOT NESS
Assistant City Prosecutor
PLUS: Certification of Preliminary Investigation or Inquest
36
C. Motions
1. Motion to Quash Informatio
[1] Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 90, Quezon City
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 00567
For: Theft
[2] THE ACCUSED, by counsel, respectfully moves to quash the Information for the
crime of theft on the following:
[3] GROUNDS
1. IT CONTAINS AVERMENTS WHICH, IF TRUE, WOULD CONSTITUTE A LEGAL
JUSTIFICATION;
2. THIS COURT IS WITHOUT JURISDICTION.
In support, the accused respectfully states that:
ARGUMENT
The Information alleges that the accused KLEPTO MANIAC is eleven (11) years old
and without any known address. Under Article 12, paragraph 3 of the Revised Penal Code, a
person over nine years of age and under fifteen, unless he acted with discernment, is
exempt from criminal liability.
There is no allegation that the accused acted with discernment. Even granting said
discernment, the accused cannot be tried but instead proceeded against under Article 80 of
the Revised Penal Code, which provides that a minor, unless sixteen years of age at the time
of the commission of a grave or less grave felony, cannot be tried but instead shall have the
benefit of a suspension of all proceedings against him. The duty of the court would be to
commit the minor to the custody or care of a public or private benevolent or charitable
institution for the care and education of homeless and delinquent children or to the custody
of the Department of Social Work and Development.
[4] WHEREFORE, it is respectfully prayed that the Information against the accused be
QUASHED and that the accused be released immediately from detention.
[5] Quezon City; 7 July 2007.
[6] (Sgd.) MITCH MCDEERE
Counsel for the Accused
[Address]
PLUS:
1. [7] Request for and Notice of Hearing
2. [8] Proof of Service
37
2.
VIG CHAN,
Accused.
x ---------------------------------------------- x
38
3.
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. 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 accuseds green
Jaguar XJE with license plate, No. 1", allegedly for being subject of the offense. Thereafter, it
was impounded and kept at the PNP Motor Pool.
5. The motor vehicle cannot be subject of the offense as accused is charged with
libel. There is no relation between the motor vehicle and libel.
6. Moreover, the motor vehicle is not mala prohibita that would justify a seizure
thereof; neither could there be a seizure of evidence in plain view.
[3] WHEREFORE, it is respectfully prayed that all objects seized under the void
Search Warrant No. 1122 be declared INADMISSIBLE under the exclusionary rule in Article III,
section 3(2) in relation to Section 2 of the 1987 Constitution. Furthermore, it is prayed that
the Green Jaguar XJE with license plate No. 1" be immediately returned to the accused.
[4] Quezon City; 25 July 2006.
[5] (Sgd.) MA TAPANG
Counsel for Accused
[Address]
PLUS:
1. [6] Request for and Notice of Hearing
2. [7] Proof of Service
39
4.
Accused.
x ------------------------------------------ x
MOTION FOR BAIL
[2] THE ACCUSED, by counsel, respectfully moves to be allowed bail on the ground
that the [3 prosecutions evidence of his guilt is not strong. In support, he respectfully
submits the following:
1. The Information alleges that he raped the private complainant on 25 December
2005 at his residence in Quezon City. The prosecutions own evidence, however, belies this
allegation as: (a) the medical certificate (attached as ANNEX A to the Information) states
that private complainant is in a virgin state with no physical and outward signs of trauma;
(b) the medical certificate issued by the NBI doctor (attached as ANNEX B to the Information)
after a physical examination of the accused, two (2) days after the alleged rape, shows that
he is suffering from erectile dysfunction and has been so afflicted for close to five (5) years
now and (c) the sworn statements of the private complainant conflict with and contradict
each other such that her credibility must be placed in doubt.
2. For these reasons, there is no basis to conclude that the accused raped the
private complainant as there is less than circumstantial evidence of this fact. He is, thus,
entitled to bail as a matter of right.
WHEREFORE, it is respectfully prayed that the accused be granted: (1) a bail hearing,
during which the prosecution should be directed to present its evidence to show the strength
of its evidence of the accuseds guilt, and (2) thereafter, grant the accused reasonable bail.
Other just and equitable reliefs are also prayed for.
Quezon City; 7 July 2007.
(Sgd.) MITCH MCDEERE
Counsel for the Accused
[Address]
PLUS: Request for and Notice of Hearing
40
D.
RECY DIVIST,
Accused.
x ---------------------------------------------- x
APPLICATION FOR PROBATION
THE ACCUSED, by counsel, respectfully applies for probation pursuant to the
provisions of Presidential Decree No. 968, as amended.
In support of this application, the accused respectfully submits the following:
1. Accused-applicant is of legal age and currently gainfully employed at ASN
Broadcasting Corporation located at Timog Avenue, Quezon City. On 23 February 2007, she
pleaded guilty to the offense charged herein; consequently, this Honorable Court in its
Order dated 8 March 2007 sentenced accused-applicant to an indeterminate penalty ranging
from three (3) years to five (5) years of prision correccional.
[2] 2. Accused-applicant humbly submits that she possesses all the qualifications
and none of the disqualifications enumerated under section 2 of Presidential Decree No. 968,
specifically:
2.1. She has not been convicted of any crime against national security
or public order;
2.2. She has not been previously convicted by final judgment of an
offense punishable by imprisonment of not less than one (1) month and one
(1) day and/or a fine of not less than Two Hundred Pesos (P200.00);
2.3. She has not previously applied for nor had been previously placed
under probation under Presidential Decree No. 968.
2.4. She has not started to serve her sentence and, to date, has not
filed any Notice of Appeal from the Order of conviction.
3 Finally, granting this application will not in any way depreciate the seriousness of
the offense charged nor cause any undue risk that during the period of probation, accusedapplicant will commit another crime. Moreover, accused-applicant does not need any
correctional treatment requiring commitment to an institution.
[3] WHEREFORE, accused-applicant respectfully prays that her application for
probation be GRANTED and that she be placed under probation under such terms and
conditions necessary to attain and ensure the objectives of the law and which, under the
circumstances, are fair, just and reasonable in the sound discretion of this Honorable Court.
Quezon City for Pasig City; 12 March 2007.
(Sgd.) ATTICUS FINCH
Counsel for Accused
[Address]
PLUS:
1. [4] Verification
2. [5] Request for and Notice of Hearing
41
IV.
ATTICUS FINCH
Private Prosecutor
Copy furnished:
MITCH MCDEERE
Counsel for Accused
42
2. Comment/Opposition to Offer
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Accused.
x ------------------------------------------ x
COMMENT ON THE PROSECUTIONS
FORMAL OFFER OF EVIDENCE
THE ACCUSED, by counsel, respectfully oppose the Prosecutions Offer of Evidence for
the following reasons:
1. Exhibit A, the sworn statement of Alang Kaso, the private complainant, and
Exhibit A-1, his signature are INADMISSIBLE because the private complainant was never
presented to authenticate the document or subjected to cross-examination, thus, the
document is hearsay and inadmissible.
2. Exhibit B, the post-dated check dated 30 June 2004, issued by the accused in the
amount of One Million Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with
notation DAIF; Exhibit B-2, the signature of accused on face of the check are INADMISSIBLE
for violation of the Best Evidence Rule as the original check was never presented; and no
basis for the presentation of secondary evidence laid.
ACCORDINGLY, the ACCUSED respectfully submits that the Prosecutions Exhibits are
INADMISSIBLE and must, thus, be EXCLUDED.
Quezon City; 7 July 2007.
(Sgd.) MITCH MCDEERE
Counsel for the Accused
[Address]
Copy furnished:
ELLIOT NESS
Public Prosecutor
ATTICUS FINCH
Private Prosecutor
43
44
2. Civil cases
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
45
C.
DAMI LUPA,
Plaintiff,
Copy furnished:
46
D.
Appearance as Counse
ANAKIN SKYWALKER,
Plaintiff,
Please enter the appearance of the undersigned as counsel for defendant Padme
Amidala, with her express conformity as indicated below, in this case. Henceforth kindly
address all pertinent notices to the undersigned at the address given below.
RESPECTFULLY SUBMITTED.
Quezon City; 13 April 2007.
(Sgd.) OBI WAN KENOBI
No. 1, Imzadi Place
Tatooine, Pasig City
WITH MY CONFORMITY:
(Sgd.) PADME AMIDALA
Copy furnished:
DARTH SIDIOUS
47
E. Withdrawal as Counsel
1. Withdrawal as Counsel
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
For: Legal Separation
Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff
ANAKIN SKYWALKER, with his express conformity as indicated below, in this case. Henceforth
kindly address all pertinent notices to plaintiff at his address given in the Complaint.
RESPECTFULLY SUBMITTED.
Quezon City; 7 July 2007.
(Sgd.) MACE WINDU
1 Imperial Palace, Cloud City, Pasig City
WITH MY CONFORMITY:
(Sgd.) ANAKIN SKYWALKER
2. Withdrawal as Counsel WITHOUT conformity of client
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff
ANAKIN SKYWALKER due to irreconcilable professional differences with plaintiff, for
which reason the express conformity of plaintiff cannot be obtained Henceforth
kindly address all pertinent notices to plaintiff at his address given in the Complaint.
RESPECTFULLY SUBMITTED.
Quezon City; 7 July 2007.
(Sgd.) MACE WINDU
1 Imperial Palace, Cloud City, Pasig City
48
F. Substitution of Counsel
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Notice of Appea
TALO NAN,
Plaintiff,
Copy furnished:
MITCH MCDEERE
Counsel for Defendant
49
V.
SP No. 111334
PADME AMIDALA,
Petitioner.
ANAKIN SKYWALKER,
Respondent.
x ------------------------------------------ x
PETITION
PETITIONER, by counsel, respectfully states that:
1. Petitioner is the mother of the minors Luke and Leia Skywalker, who were born out
of the valid marriage between petitioner and respondent Anakin Skywalker.
2. The marriage failed and petitioner has been living separately from respondent
since 2004. Sometime in February 2007, respondent, unknown to petitioner, abducted the
minor children and has kept them incommunicado and out of petitioners reach.
3. Being below seven (7) years of age, custody of the minors is naturally presumed
to belong to petitioner, as their mother. Consequently, respondents refusal to allow
petitioner to regain custody over the minors is unlawful and unjustified.
WHEREFORE, petitioner respectfully prays that a writ of habeas corpus issue directing
respondent to make a return showing his legal authority to detain the minor children, subject
of this petition, and thereafter, present the minor children personally before the Court on a
date and time it chooses.
Quezon City; 7 July 2007.
OBI WAN KENOBI
Counsel for Petitioner
[Address]
PLUS: Verification and Certification against Forum Shopping
50
SP No. 111334
51
C.
52
Petitioner also prays that, after trial, judgment be rendered in her favor by declaring
petitioner to be psychologically incapacitated to comply with the essential obligations of her
marriage to respondent, thus -[1] Declaring the marriage between petitioner and respondent a nullity and,
by this token, ordering the dissolution of the conjugal partnership of gains;
and
[2] Awarding permanent custody of the children to petitioner, with express
acknowledgement of respondents visitation rights;
[3] Awarding support in the amount of (state amount) subject to adjustments
to be made depending on changes in earning capacity and needs of the
children.
All other just and equitable reliefs are also prayed for.
Quezon City; 7 July 2007.
(Sgd.) ATTICUS FINCH
Counsel for the Petitioner
[Address]
PLUS: Verification and Certification against Forum Shopping
53
D.
PALING KERA,
Petitioner,
x ------------------------------------ x
PETITION
PETITIONER, by counsel, respectfully states that:
54
VI.
55
C.
Contract of Leas
CONTRACT OF LEASE
ANG BAHAY
Lessee
With my consent:
ASA WA
Acknowledgment
BEFORE ME, a Notary Public for Makati City, personally appeared on the 7 th of July
2007, the following persons, with their respective CTC details indicated below:
DAMI BAHAY
ALANG BAHAY
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.
Doc. No.
Page No.
Book No.
Series of 2007.
N.O. TARIO
Until December 31, 2007
PTR No. 0000111/1/05/99, Makati City
56
D.
Holographic Wil
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 Wil
LAST WILL AND TESTAMENT
of
PABLING SIA, SR.
II.
III.
Manila.
IN WITNESS WHEREOF, I have set my hand this 7 th day of July 2007 in San Juan, Metro
(Sgd.) PABLING SIA, SR.
57
F.
WE, the undersigned witnesses, whose residences are stated opposite our respective
names, do hereby certify that: the testator _________________ has published unto us the
foregoing will consisting of ___ pages numbered correlatively in letters on the upper part of
each page, as his/her last will and testament and has signed the same and every page
thereof, on the left margin, in our joint presence and we, in turn, at his/her request have
witnessed and signed the same and every page thereof, on the left margin, in the presence
of the testator and in the presence of each other.
SAKSI 1
SAKSI 2
SAKSI 3
Residence
Residence
Residence
58
59
I.
I, GEORDI LA FORGE, (Nominee), of legal age, and with office address at __________,
hereby acknowledge my status as nominee for WILLIAM RIKER (the Principal) for the
purpose of holding title to ___ shares of stock in the Enterprise Holdings Inc. (the
Corporation). As nominee, I hereby unequivocally confirm that the Principal is the exclusive
and absolute owner of the subject shares. Accordingly, the relationship between the
principal and the nominee with respect to the subject shares is governed by the following
terms and conditions:
1. All dividends, whether cash, stock or property, rights and other privileges,
accruing on the subject share shall be for the account and benefit of the
principal; accordingly, the nominee shall deliver the same to the principal and
whoever the latter may designate.
2. Directors fees and other amounts received by way of compensation for
services rendered by the nominee shall be for the account and benefit of the
nominee.
3. The principal shall save the nominee free and harmless from any liability,
whether for unpaid subscriptions, taxes or otherwise, that may arise as a
result of the nominees holding title to the subject shares for and on behalf of
the principal.
4. The nominee hereby assigns, transfers, and conveys the subject shares to
the principal free from all liens and encumbrances and hereby undertakes to
execute the necessary instruments to transfer title over the subject shares to
the principal or to whoever the latter may designate.
5. This acknowledgment of nominee status shall bind the nominees heirs,
executors, administrators and other successors-in-interest.
Done this 7th day of July 2007 at Quezon City.
GEORDI LA FORGE
Nominee
WITH MY CONFORMITY:
WILLIAM RIKER
Principal
WITNESSES:
(Sgd.) UZI 1
(Sgd.) UZI 2
PLUS: Acknowledgment
60
J.
Secretarys Certificate
SECRETARYS CERTIFICATE
I, DEANNA TROI, of legal age, with office address at __________________, on the basis of
the corporate records, do hereby certify that under oath that:
1. I am the Corporate Secretary of ENTERPRISE HOLDINGS INC. (corporation), a
corporation duly organized and existing under Philippine laws, with the same office address
given above.
2. At a meeting of the Board of Directors of the corporation held on ___________, at
which meeting a quorum was present and obtained throughout, the following resolution(s)
was (were) unanimously approved and adopted:
RESOLVED, that ...................
3. The foregoing resolution has not been revoked, amended or in any manner
modified and accordingly, the same may be relied upon until a written notice to the contrary
is issued by the corporation.
IN WITNESS WHEREOF, I have set my hand to this certification on ____ at
______________.
DEANNA TROI
Corporate Secretary
ATTESTED:
JEAN-LUC PICARD
President
PLUS: Jurat
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.
61
L. Deed of Assignment
DEED OF ASSIGNMENT
KNOW ALL MEN BY THESE PRESENTS:
I, DAMI SHARES, of legal age, Filipino and resident of ________________, for and in
consideration of the sum of ____________________ Pesos (P_____), receipt of which is hereby
acknowledged do hereby assign, cede, transfer and convey unto DAMI LUPA, likewise of legal
age, and resident of ______________, all his/her rights, title, ownership and interest over its
subscription to One Hundred Thousand (100,000) shares of the capital stock of _________
Corporation, including advances due from said corporation. It is, however, understood that
the assignee shall assume any and all unpaid subscription on the said shares.
The assignor hereby irrevocably constitute, name and appoint the assignee to be
his/her true and lawful attorney-in-fact to make representations with the corporate secretary
and to cause the annotation of this assignment in the books of the corporation.
IN WITNESS WHEREOF, the assignor has signed this deed on 7 th day of July, 2007 at
the City of Manila.
DAMI SHARES
Assignor
SIGNED IN THE PRESENCE OF:
(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment
62
)
) s.s.
DEED OF ABSOLUTE SALE
IN WITNESS WHEREOF, I have signed this deed this 7 th day of July, 2007 at Makati
MA YA MAN
Vendor
[Note: if vendor is married, marital consent must be secured; thus, the Deed must also
indicate this. If vendor is married, then add the following:]
With my consent:
ASA WA
Vendors Wife
SIGNED IN THE PRESENCE OF:
(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment
63
)
) s.s.
DEED OF ABSOLUTE SALE
IN WITNESS WHEREOF, I have signed this deed this 7 th day of July, 2007 at Makati
MA YA MAN
Vendor
[Note: if vendor is married, marital consent must be secured; thus, the Deed must also
indicate this. If vendor is married, then add the following:]
With my consent:
ASA WA
Vendors Wife
SIGNED IN THE PRESENCE OF:
(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment
64
)
) 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.
City.
IN WITNESS WHEREOF, I have signed this deed this 7 th day of July, 2007 at Makati
MA YA MAN
Vendor
MA GU LANG
Vendee
65
)
) s.s.
DEED OF RESALE
66
)
) s.s.
DEED OF SALE WITH MORTGAGE
This Deed of Sale with Pacto de Retro made and executed by and between:
MA YA MAN, Filipino, of legal age, married to ASA WA, with
residence at ___________________ (VENDOR-MORTGAGEE),
- and MA GU LANG, Filipino, of legal age, married to BA TAPA, with
residence at ____________ (VENDEE-MORTGAGOR);
WITNESSETH: That
The VENDOR-MORTGAGEE is the absolute owner of a certain parcel of land with all
the buildings and improvements thereon, situated in the City of Makati, and more
particularly described, as follows:
(Copy technical description in TCT/OCT)
his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the
Register of Deeds of Makati;
The VENDOR, for and in consideration of the amount of _________________ Pesos
(P_____), to him paid by VENDEE and receipt of which is acknowledged, does hereby SELL,
TRANSFER and CONVEY unto the said VENDEE, his heirs and assigns, the property with all
the buildings and improvements thereon, free from all liens and encumbrances whatsoever;
It is hereby agreed and stipulated that the UNPAID BALANCE OF ____________ Pesos
(P____), of which amount _________________Pesos (P_____) shall be paid by the VENDEEMORTGAGOR to the VENDOR-MORTGAGEE at the latters residence, as follows:
(State manner of payment)
In order to guarantee the fulfillment of the above obligations, the VENDEEMORTGAGOR does hereby MORTGAGE unto the said VENDOR-MORTGAGEE, his heirs and
assigns, the property described, together with all the buildings and improvements thereon,
under the express stipulation that if the said VENDEE-MORTGAGOR shall pay or cause to be
paid unto the VENDOR-MORTGAGEE the obligations, then this Mortgage shall be of no further
force and effect; otherwise, the same shall remain in full force and effect and shall be
enforceable in the manner prescribed by law.
City.
IN WITNESS WHEREOF, I have signed this deed this 7 th day of July, 2007 at Makati
MA YA MAN
Vendor
MA GU LANG
Vendee
With my consent:
ASA WA
Vendors Wife
With my consent:
BA TAPA
Vendees Wife
67
IN WITNESS WHEREOF, the parties have signed this Deed on 7 July 2007 at Makati
DAMI UTANG
Assignor
DAMI LUPA
Assignee
BIL MOKO
Assignees Wife
PLUS: Acknowledgment
68
S.
Chattel Mortgag
)
) s.s.
CHATTEL MORTGAGE
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 Fait
We severally swear that DAMI KOTSE, mortgagor, and YAMAN NYA, mortgagee, have
executed the foregoing Chattel Mortgage in order to guarantee as good and binding the
obligations mentioned above and is not intended to defraud creditors.
YAMAN NYA
DAMI KOTSE
Signed in the presence of:
UZI 1
UZI 2
PLUS: Acknowledgment
69
VII.
Proof of payment of appellate court docket and other lawful fees (Rule
40, Sec. 4)
70
B.
71
MODEL PETITION:
I. WRIT OF AMPARO
[A] CAPTION AND TITLE
Republic of the Philippines
(COURT)
(Location)
Name of Aggrieved Party or
Relator,
Petitioner,
(Case No. _____________)
- versus Name of Public Official/Employee
Or Private Individual or Entity,
Respondent/s.
X ---------------------------------------- X
PETITION
PETITIONER, by counsel, respectfully states that:
[B] PARTIES
1. Petitioner/Relator is . . .
1.1. Personal/Professional Circumstances Relevant (if by Relator, state
relationship of relator to victim)
1.2. Factual Statements Relevant to Grounds (Violation of Right to Life,
Liberty and Security of Person or Threat thereof)
1.3. Contact Details
1.4. Other Relevant Details
2. Respondent/s is/are . . .
2.1. Personal/Professional Circumstances Relevant
2.2. Contact Details
2.3. Other Relevant Details
[C] BODY
3. Statement of Facts
3.1. Chronology of Events Relevant to the right violated (e.g., enforced
disappearance or extrajudicial killing)
3.2. Statement as to Judicial Affidavits (if any) of witnesses
3.3. Statement as to efforts exerted to vindicate the right/s and results of
such efforts
4. Statement of Material Facts Relevant to Interim Reliefs (if any)
a.
b.
c.
d.
RELIEF
WHEREFORE, . . .
(a)
(b)
(c)
(d)
72
73
PETITION
PETITIONER, by counsel, respectfully states that:
[B] PARTIES
1. Petitioner/Relator is . . .
1.1. Personal/Professional Circumstances Relevant (if by Relator, state
relationship of relator to victim)
1.2. Factual Statements Relevant to Grounds (Violation of Right to Privacy in
Life, Liberty or Security or Threat thereof)
1.3. Contact Details
1.4. Other Relevant Details
2. Respondent/s is/are . . .
2.1. Personal/Professional Circumstances Relevant
2.2. Contact Details
2.3. Other Relevant Details
[C] BODY
3. Statement of Facts
3.1. Chronology of Events Relevant to the right violated (e.g., enforced
disappearance or extrajudicial killing)
3.2. Statement as to Judicial Affidavits (if any) of witnesses
3.3. Statement as to efforts exerted to vindicate the right/s and results of
such efforts
4. Statement of Material Facts Relevant to any Interim Reliefs (if any)
5. Statement of Material Facts Relevant to Final Relief/s
[D]
RELIEF
WHEREFORE, . . .
(a)
(b)
(c)
(d)
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75
MODEL RETURN
I. AMPARO
[A] CAPTION AND TITLE
[B] PARTIES
[C] BODY
1. Supporting Affidavits of respondents and their witness/es
2. Statement as to:
2.1. lawful defenses to show that respondent/s did not violate or threaten
with violation the rights subject of the Petition;
2.2. the steps or actions taken to determine the fate or whereabouts of the AP
and the persons responsible for the threat, act or omission
2.3. all relevant information in the possession of the respondent pertaining to
the threat, act or omission against the AP;
2.4. [if the respondent is a public official/employee], add :
actions taken or to be taken:
a. to verify the identity of the AP;
b. to recover and preserve evidence related to the death or
disappearance of the person identified in the petition which may aid in the prosecution of
the person/s responsible;
c. to identify witnesses and obtain statements from them concerning
the death or disappearance;
d. to determine the cause or manner, location and time of death, or
disappearance as well as any pattern or practice that may have brought about the death or
disappearance;
e. to identify and apprehend the person/s responsible;
f. to bring the suspected offenders before a competent court.
3. Opposition to Interim Reliefs applied for
[D] Reliefs
[E] Date and Place
[F] Name and Signature + All Material Information of Counsel
[G] VCFS
[H] Affidavit of Service and Explanation of Service
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77