SBC Legal Forms

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2005 CENTRALIZED BAR OPERATIONS
II. PRACTICAL EXERCISES I. NON-LITIGATION FORMS

A. BASIC FORMS
Form No. 1 ACKNOWLEDGMENT (Simple form; 1976, 1994, 2004 Bar Exams) ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES PROVINCE OF _______________ CITY/MUNICIPALITY OF _______ S.S.
BEFORE ME, this ___ day of _________, 2005 in the Municipality of _____________, Province of ___________, Philippines, personally appeared ______________, with *[Valid Identification Document] Drivers License No. N25-02-003180 issued by [an official agency] Land Transportation Office , on March 4, 2000 , 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 hereunto set my hand and affixed my notarial seal, on the day, year, and place above written. **Name: ___________________________ Notary Public for [Municipality/City/Province] Office Address of Notary Public _____ Appointment No. _____ Until [date][year] Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ Doc. No. ____; Page No. ____; Book No. ____; Series of 2005.
NOTE: As per Supreme Court En Banc Resolution on A.M. No. 02-8-13-SC (2004 Rules on Notarial Practice) dated 1 August 2004: *The identification of the signatory is identified by a competent evidence of identity based on at least one current identification document issued by an official agency bearing the photography and signature of the individual; OR the oath or affirmation of one credible witness not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual, or of two credible witnesses neither or whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification. **The Notarial Certificate now includes the serial number of the commission of the notary public, the province or city where the notary public is commissioned, the office address of the notary public, and the roll of attorneys number.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
55 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
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, and sealed with my notarial seal. ***The notary publics seal must be impressed on every page of the document notarized 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, and sealed with my notarial seal.
Form No. 2
JURAT (1994 Bar Exams)
SUBSCRIBED AND SWORN to before me, in the City/Municipality of ________, Province of ____________, this ____ day of _______, 2005, the affiant exhibiting to me his with [Valid Identification Document] Drivers License No. N25-02-003180 issued by [an official agency] Land Transportation Office , on March 4, 2000 . Name: ___________________________ Notary Public for [Municipality/City/Province] Office Address of Notary Public _____ Appointment No. _____ Until [date][year] Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ Doc. No. _____; Page No. _____: Book No. _____; Series of 2005. ACKNOWLEDGMENT vs. JURAT
ACKNOWLEDGMENT act of one who has executed a deed, in going before some competent officer or court and declaring it to be his act or deed two-fold purpose: to authorize the deed to be given in evidence without further proof of its execution, AND, to entitle it to be recorded JURAT part of an affidavit where the officer certifies that the same was sworn before him gives the document a legal character
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi (Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios, Catherine Bool-Nuez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
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Form No. 3
AFFIDAVIT OF GOOD FAITH
(1991 Bar Exams)
AFFIDAVIT OF GOOD FAITH We, the undersigned MORTGAGOR and MORTGAGEE, severally swear that the foregoing chattel mortgage is made and executed for the purpose of securing the obligation specified therein, and for no other purpose, and that the same is a just and valid obligation, and one not entered into for the purposes of fraud. __________________________ (Mortgagor) JURAT
NOTE: This is necessary in a Chattel Mortgage Contract.
___________________________ (Mortgagee)
B. CONTRACTS OR AGREEMENTS
UNILATERAL DEED/CONTRACT (vendee assumes no obligation)
no need for the vendee or the other party to sign the deed/contract nor the acknowledgment therefore
BILATERAL DEED/CONTRACT (vendee obliged to do something)

vendee or the other party must sign both the deed and the acknowledgment
NOTE: In a DEED, a person disposes of his property or right in favor of another. PARTS OF A TYPICAL DEED (TAP-CAP-SA) 1. 2. 3. 4. 5. 6. 7. Title Announcement Party One Consideration Act or Conveyance Party Two Signature Acknowledgment
8.
1. SALE
Form No. 4 Bar Exams)
SALE OF REAL PROPERTY (1979, 1983, 1984, 1989, 1991, 1997
DEED OF ABSOLUTE SALE KNOW ALL MEN BY THESE PRESENTS: (Full Name of vendor), Filipino citizen, single/married to I, ___________________, of legal age, with residence and post-office address at _______________________, WITNESSETH, That For and in consideration of the sum of __________________ PESOS (P_______), Philippine currency, to me in hand paid by _(Full Name of vendee) , Filipino citizen, of legal age, with residence and post office address at ______________, do hereby SELL, TRANSFER, AND CONVEY, absolutely and unconditionally, unto the said __________________, his/her heirs and assigns, that certain parcel/s of land, together with the buildings and improvements thereon, situated in (city/municipality, province), and more particularly described as follows, to wit: (Description of Property) 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 ___________. It is hereby mutually agreed that the vendee shall bear all the expenses for the execution and registration of this deed of sale. IN WITNESSS WHEREOF, I have hereunto signed this deed of sale, this _______day of _________, 20______ at (city or municipality), Philippines. ___________________________ (Vendor)
With my marital consent (if married): ___________________________ (Vendors wife) Signed in the presence of: __________________________ ___________________________
ACKNOWLEDGMENT
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Form No. 5
SALE OF PERSONAL PROPERTY

DEED OF SALE
KNOW ALL MEN BY THESE PRESENTS: That I, ______________, of legal age, single, Filipino, residing and with postal address at ____________________ for and in consideration of the sum of P __________, receipt of which is hereby acknowledged, have TRANSFERRED AND CONVEYED by way of absolute sale unto ___________ that certain motor vehicle described as Made: Brand: Plate No.: Motor No.: Chassis No.: _________ _________ _________ _________ _________
of which I am the absolute owner, free from all liens and encumbrances. ___________________________ (Seller) Signed in the presence of: __________________________ ___________________________
ACKNOWLEDGMENT
NOTE: In a CONTRACT, the parties make mutual undertakings in favor of each other. PARTS OF A TYPICAL CONTRACT (ATA-WAC-SA)
1. 2. 3. 4. 5. 6. 7.
7.
Announcement Title Actors W hereases Agreement Proper Conditions or Terms Signatures Acknowledgment
2. LEASE
Form No. 6 Exams)
LEASE OF REAL PROPERTY (1976, 1987, 1988, 1996, 1998 Bar
CONTRACT OF LEASE This AGREEMENT OF LEASE made and entered into by and between: The LESSOR: __________, of legal age and resident of the City of Manila, Philippines, (OR partnership OR a corporation duly organized and existing under and by virtue of the laws of the Philippines, with its principal place of business at the City of Manila). -andThe LESSEE: __________, of legal age and resident of the City of Manila, Philippines, (OR partnership OR a corporation duly organized and existing under and by virtue of the laws of the Philippines, with its principal place of business at the City of Manila). WITNESSETH: That WHEREAS, the LESSOR is the owner in fee simple of a certain parcel/s of land, together with the buildings and improvements thereon, situated in (city/municipality, province), and more particularly described as follows: (Description of Property) WHEREAS, the LESSOR has offered to lease and the LESSEE has agreed to rent the above-mentioned property. NOW THEREFORE, the LESSOR hereby lets and leases unto the LESSE the abovedescribed property under the following terms and conditions: 1. The monthly rental shall be __________PESOS (P_____), Philippine Currency, to be paid by the LESSEE at the office of the LESSOR on or before the fifth (5th) day of each and every month, plus one per centum (1%) surcharge per month for the payment of rentals made after the 5th day of the month due. It is expressly agreed and understood that the payment of the rental herein stipulated shall be made without the necessity of express demand and without delay on any ground whatsoever; 2. The term of this lease is _______ commencing on __________ and expiring on __________; 3. The LESSEE hereby expressly agrees and warrants that the leased premises shall be used by him (it) exclusively for the following purposes, to wit: ____________________________; and the said LESSEE is hereby strictly prohibited from using the said premises for any other purpose or business without the prior written consent of the LESSOR; 4. The major and minor repairs shall be for the account of the LESSOR;
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5. Taxes and assessments shall be for the account of the LESSOR, while expenses for electricity, water and other utilities shall be for the account of the LESSEE; 6. Upon the signing of this agreement, the LESSEE shall pay by way of deposit unto the LESSOR the sum of __________ PESOS (P______) to be applied in payment of rentals in arrears and other expenses or charges that the LESSEE may owe in favor of the LESSOR; 7. (Other conditions: _________________________________________________). IN WITNESS WHEREOF, these presents are signed at the City of Manila, Philippines, on this ____ day of _________, 20__. __________________________ ___________________________ (Lessor) (Lessee) Signed in the presence of: __________________________ ___________________________
ACKNOWLEDGMENT Form No. 7
LEASE OF PERSONAL PROPERTY

CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS: That ___________, of legal age, single/married and residing in _____________, Philippines, as he/she hereby leases his/her Honda Civic car model 2004 with Plate No._______, Motor No. _________and Chassis No._______ to ___________, of legal age, married and residing in _____________, who hereby accepts to lease the said motor vehicle, subject to the following terms and conditions: (State terms and conditions) IN WITNESS WHEREOF, the parties have hereunto set their hands this ______ day of _________________, 2005, in ____________________, Philippines. __________________________ (Lessor) ___________________________ (Lessee)
ACKNOWLEDGMENT
3. MORTGAGE
Form No. 8
REAL ESTATE MORTGAGE (1984 Bar Exams)

REAL ESTATE MORTGAGE
KNOW ALL MEN BY THESE PRESENTS: I, (Full Name of mortgagor), Filipino citizen, of legal age, married to ___________________, and with residence and post-office address at ___________________, for and in consideration of a loan in the sum of ___________________ PESOS (P____________), Philippine currency, to me in hand paid by (Full Name of the mortgagee), Filipino, of legal age, single/married to ___________________, and with residence and post-office address at ___________________, do hereby convey, by way of MORTGAGE unto the said (Full Name of the mortgagee), his/her heirs and assigns, that certain parcel of land, together with all the buildings and improvements thereon, situated in ____________________, particularly described as follows: (Description of property) of which real property I am the registered owner as evidenced by Original/Transfer Certificate of Title No._________ of the Land Registry of _____________: PROVIDED, HOWEVER, that if said (Full Name of mortgagor) shall pay or cause to be paid to said (Full Name of mortgagee), his heirs or assigns, the said sum of _________________ PESOS (P____________), within the period of ______________ (____) years from and after the execution of this MORTGAGE together with the interest thereon at the rate of _________ per centum (____%) per annum, this MORTGAGE shall be discharged and of no effect; OTHERWISE, it shall remain in full force and effect and shall be enforceable in the manner provided for by law. IN WITNESS WHEREOF, these presents are signed at the City of Manila, Philippines, on this ____ day of _________, 20__. __________________________ (Mortgagor) With my marital consent (if married): ___________________________ (Wife of Mortgagor) Signed in the presence of: __________________________ ___________________________ ___________________________ (Mortgagee)
ACKNOWLEDGMENT
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Form No. 9
CHATTEL MORTGAGE
(1997 Bar Exams)
CHATTEL MORTGAGE KNOW ALL MEN BY THESE PRESENTS: This CHATTEL MORTGAGE, made and executed by (Full Name of mortgagor), Filipino, of legal age, single (or married to ___________), with residence and post-office address at ___________________ hereinafter called the MORTGAGOR, in favor of (Full Name of mortgagee), Filipino, of legal age, single (or married to ____________), with residence and post-office address at ________________ hereinafter called the MORTGAGEE, WITNESSETH: That the MORTGAGOR does hereby convey by way of chattel mortgage unto the MORTGAGEE, the following described personal property, ordinarily situated and presently in the possession of the said MORTGAGOR, to wit: (specify and describe the article/s mortgaged) That this CHATTEL MORTAGE is given as security for the payment to the MORTGAGEE, of a certain promissory note, dated _____________ for the sum of ______________ PESOS (P________) with interest thereon at the rate of ___________ per centum (_____%) per annum, according to the terms thereof. (copy the promissory note) That the condition of this CHATTEL MORTGAGE is such that if the said MORTGAGOR, his heirs, executors, or administrators shall well and truly perform the full obligation above stated according to the terms thereof, this CHATTEL MORTGAGE shall be null and void, otherwise, it shall remain in full force and effect and shall be enforceable in the manner provided by law. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this______ day of ________, 2005, in _______________, Philippines. __________________________ ___________________________ (Mortgagor) (Mortgagee) Signed in the presence of: __________________________ ___________________________
ACKNOWLEDGMENT AFFIDAVIT OF GOOD FAITH

NOTE: the Affidavit of Good Faith is important.
4. POWER OF ATTORNEY
Form No. 10
SPECIAL POWER OF ATTORNEY (1976, 1986, 1992 Bar Exams)

SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: I, _________________________, of legal age, single (or married to _________________), resident of ____________________, do hereby name, constitute and appoint __________________, of legal age, single/married, resident of _______________, to be my true and lawful attorney in-fact, for me and in my name, place and stead within the period of_____ months (or years), to SELL, TRANSFER and CONVEY, for the price not less than ____________________PESOS (P___________), Philippine Currency, to whosoever may purchase or buy my Honda CRV car with Plate No._____________, Motor No._________, and Chassis No._________________, of which I am the absolute owner, free from all liens and encumbrances; and HEREBY GIVING AND GRANTING unto my said attorney in-fact full powers and authority to do and perform all and every act requisite or necessary to carry into effect the foregoing authority to sell, as fully to all intents and purposes as I might or could lawfully do if personally present, with full power of substitution or revocation, and hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have set my hand this ____ day of ______________, 2005, in ________________, Philippines. ________________________ (Principal)
Conforme: ________________________ (Attorney-in-Fact)
Signed in the presence of: __________________________ ___________________________ ACKNOWLEDGMENT
Form No. 11
REVOCATION OF POWER OF ATTORNEY
REVOCATION OF POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: WHEREAS, I, _______________, of legal age, single/married, resident of __________, by a certain public instrument made and executed in _______________ on ____________ before _______________, Notary Public for and in the ___________, and bearing Not. Reg. No. _____, Page ___, Book ___, Series of 20__ of his notarial register, did name, constitute, and appoint _______________, resident of ________________ my true and lawful ATTORNEY-IN-FACT, for the purpose and with powers mentioned in said public instrument;
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WHEREAS, the said public instrument or Power of Attorney, was duly registered in the Office of the Register of Deeds of ________ on ________, 20__, as per Entry No. ___, Vol. ____, Book ___ of said Office. NOW, THEREFORE, I ________________, by virtue of these presents, hereby REVOKE, ANNUL, and make VOID the said power of attorney and all powers and authority therein or thereby given or granted, or intended to be given or granted to said ____________. IN WITNESS WHEREOF, I have hereunto set my hand this ______ day of ___________, 20__, in _____________, Philippines. _______________________ (Signature) Signed in the presence of: _________________________ _________________________ ACKNOWLEDGMENT
C. DONATIONS AND WILLS

Form No. 12
DONATION INTER VIVOS

DEED OF DONATION
KNOW ALL MEN BY THESE PRESENTS: This DEED OF DONATION made and executed in _____________, Philippines, by ____________, of legal age, single/married to ____________, Filipino citizen and with residence and postal address at _________________, hereinafter called the DONOR - in favor of ___________________, of legal age, single/married to ______________, Filipino citizen and with residence and postal address at _______________, hereinafter called the DONEE. WITNESSETH: That WHEREAS, the Donor is the absolute owner of that certain real property situated at ____________ and more particularly described as follows: (Description of the Property) NOW THEREFORE, for and in consideration of the love and affection of the Donor for the Donee (and for the faithful services the latter has rendered in the past to the former), the said Donor by these presents hereby cedes, transfers, and conveys, by way of donation, unto said Donee the real property above described, together with all the
buildings and improvements existing thereon, free and clear of all liens and encumbrances. That the Donor hereby states that, for the purpose of giving effect to the donation, he has reserved for himself in full ownership sufficient property to support him in a manner appropriate to his needs. ACCEPTANCE That the Donee hereby accepts the foregoing donation of the above-described property for which he/she expresses his/her sincerest appreciation and gratitude for the kindness and liberality shown by the Donor. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands at the place first above written, on this _____ day of _____, 2005. ____________________________ (Donor) Accepted: __________________________ (Donee) Signed in the presence of: __________________________ ___________________________
ACKNOWLEDGMENT Form No. 13 DONATION MORTIS CAUSA
NOTE: A deed of donation mortis causa should be in the form of a WILL. The acknowledgment should also follow the form for that of a will.
DEED OF DONATION KNOW ALL MEN BY THESE PRESENTS: This DEED OF DONATION, made and executed by __________________, of legal age, single, Filipino citizen and with residence and postal address at ________________, hereinafter called the DONOR, in favor of_______________, of legal age, single, Filipino citizen and with residence at________________, hereinafter called the DONEE, WITNESSETH: That the DONOR is the owner in fee simple of that certain real property situated at _______________, and more particularly described in Transfer (or Original) Certificate of Title No. ________ of the Land Registry of________, as follows, to wit: (Description of Property) That for and in consideration of the love and affection which the DONOR has for the DONEE, the said DONOR by these presents does hereby cede, transfer and convey, unto the DONEE, his heirs and assigns, the real property above described with all the buildings and improvements thereon, to become effective upon the death of the DONOR,
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but in the event that the DONEE should die before the DONOR, the present donation shall be deemed rescinded and of no further force and effect. That the DONEE does hereby accept this donation of the above-described real property, and does hereby express her gratitude for the kindness and liberality of the DONOR. That the DONOR hereby retains the right to control and dispose at will the abovedescribed property before his death, without need of the consent or intervention of the DONEE. IN WITNESS WHEREOF, the DONOR and the DONEE have hereunto signed this deed of donation, this _____day of ________, 2005, in the ___________, Philippines. __________________________ (Donor) ___________________________ (Donee)
ATTESTATION CLAUSE We, the undersigned attesting witnesses, whose residences are stated opposite our respective names, do hereby certify: That the donor, ___________, has made known unto us the foregoing donation mortis causa consisting of ____ pages numbered correlatively in letters on the upper part of each page, as her donation mortis causa and has signed the same and every page thereof, on the left margin, in our joint presence and we, in turn, at his request have witnessed and signed the same and every page thereof, on the left margin, in the presence of the donor and in the presence of each and all of us. Names _____________________ _____________________ ___________________ Address ________________________ ________________________ _____________________
ACKNOWLEDGMENT Form No. 14
HOLOGRAPHIC WILL (1975, 1986, 1988 Bar Exams)
NOTE: Should be entirely written, dated and signed by the hand of the testator.
(Date) I, ____________________, of _____________________, being of sound and disposing mind, do hereby declare this to be my last will and testament which I have written in my own handwriting in English, a language known to me, and I hereby declare that all my properties shall upon my death be distributed to my wife __________________ and to my only child ____________________ share and share alike. __________________________ (Signature)
Form No. 15
NOTARIAL WILL (1979, 1983, 2004 Bar Exams)

LAST WILL AND TESTAMENT of ___________________
KNOW ALL MEN BY THESE PRESENTS: I, _____________________, of legal age, single (or married to_____________), a native of __________, now actually residing at ____________________, being of sound and disposing mind and memory, and not acting under influence, violence, fraud or intimidation of whatever kind, do by these presents 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. II. The following are my children with their addresses: (names and addresses) I give and bequeath to my children _______________, _______________, and _______________, in equal shares, the following properties, real and personal, whatsoever and wheresoever located: (Description) III. I designate ______________ as the sole executor of this Last Will and Testament.
IN WITNESS WHEREOF, I have hereunto set my hand this ______ day of ___________________, 2005, in ______________, Philippines. __________________________ (Signature of Testator) ATTESTATION CLAUSE We, the undersigned attesting witnesses, whose residences are stated opposite our respective names, do hereby certify: That the testator, ___________________, has published unto us the foregoing will consisting of _____ pages numbered correlatively in letters on the upper part of each page, as his/her Last Will and Testament and has signed the same on each and every page thereof on the left margin, in our joint presence, and we, in turn, at his/her request have witnessed and signed the same on each and every page thereof, on the left margin, in the presence of the testator and in the presence of each and all of us. __________________________ (name and signature of witness) __________________________ (name and signature of witness) __________________________ (name and signature of witness) ________________________________________ (residence) ________________________________________ (residence) ________________________________________ (residence)
[ NOTE: There must be at least three instrumental witnesses.]

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JOINT ACKNOWLEDGMENT BEFORE ME, Notary Public for and in the City/Municipality of _________________, Philippines, this ______ day of _________________, 2005, personally appeared: (Testator), with Valid Identification Document ____ issued by (official agency) , on ___, 2004; (Witness), with Valid Identification Document ____ issued by (official agency) , on ___, 2004; (Witness), with Valid Identification Document ____ issued by (official agency) , on ___, 2004; (Witness), with Valid Identification Document ____ issued by (official agency) , on ___, 2004; 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 sealed with my notarial seal. IN WITNESS WHEREOF, I have hereunto set my hand the day, year and place above written. Name: ___________________________ Notary Public for [Municipality/City/Province] Office Address of Notary Public _____ Appointment No. _____ Until [date][year] Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________
Doc. No. ____; Page No. ____; Book No. ____; Series of 2005.
D. PARTNERSHIPS AND CORPORATIONS

Form No. 16
ARTICLES OF GENERAL PARTNERSHIP

ARTICLES OF PARTNERSHIP of _____________________
KNOW ALL MEN BY THESE PRESENTS: These Articles of Partnership, made and executed by and among; ________________, (citizenship), residing at _______________________; ________________, (citizenship), residing at _______________________; (and) ___________, (citizenship), residing at ______________________; all of legal age, WITNESSETH: That They have formed a partnership among themselves under the name and style of _________________; The purposes for which said partnership is formed are: (here state purposes of the firm) The principal office _________________________; of the partnership shall be located at
It is hereby stipulated that ______________ shall be the partner upon whom the management of the firm and the use of its signature shall be entrusted; that he shall exercise such powers necessary to attain the purposes of this partnership, including the power to draw drafts, bills of exchange and other negotiable instruments and accept the same for and in the name of the firm; to appoint and dismiss employees and to fix their tenure and compensation; to deposit money in banks and with the counter-signature of the Treasurer, withdraw the same for purposes of the partnership; and (others). The term of existence of this partnership shall be ___ years to commence from and after the execution of these articles; wit: The capital of the partnership as contributed by the partners are as follows, to ___________________ ___________________ ___________________ P_____; P_____; P_____;
thereby making a TOTAL CAPITAL of P__________; The profits and losses shall be divided share and share alike among the partners of the partnership (or in proportion to their respective capital); The Treasurer shall be ______________;
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month;
The managing partner is hereby given a salary of ________PESOS (P_____) per
If during the term of the partnership, any of the partners shall die, the partnership shall continue among the surviving partners, unless one of the latter expressly requests for dissolution. IN WITNESS WHEREOF, the parties have hereunto set their hands, this ____day of __________, 2005, in _______________, Philippines. __________________________ __________________________ __________________________ (Signature of partners) Signed in the Presence of: (Witness) ACKNOWLEDGMENT Form No. 17 ARTICLES OF LIMITED PARTNERSHIP ARTICLES OF PARTNERSHIP OF ____________________________, LTD. KNOW ALL MEN BY THESE PRESENTS: These Articles of Partnership, made and executed by and among: ________________, general partner, (citizenship), residing at ________________; ________________, limited partner, (citizenship), residing at _________________; (and) ____________, limited partner, (citizenship), residing at ________________; all of legal age, witnesseth: That above-named partners have formed a limited partnership among themselves under the name and style of ________ Ltd; That the purposes for which the said partnership is formed are: (state the object or character of the business); That the principal place of business of the partnership shall be at _________; That the term for which the partnership is to exist shall be _____years from and after the execution of this agreement; That the capital of these partnership shall be ____PESOS (P ______), Philippine currency, contributed by the partners, as follows, to wit: ________________ (general partner) ________________ (limited partner) ________________ (limited partner) . . . P_____________; P_____________; and P_____________; (Witness)
That __________, general partner, is hereby designated the manager of the partnership, with a monthly salary of P ______; That the profits and losses shall be apportioned among the partners of the partnership _________(state in what proportion they shall share in the profits and in the losses). IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this _____day of ________, 2005, in ______________________, Philippines. __________________________ __________________________ __________________________ (Signature of partners) Signed in the presence of: __________________________ ___________________________ ACKNOWLEDGMENT Form No. 18 ARTICLES OF INCORPORATION OF STOCK CORPORATION
NOTE: Basic contents under Section 14, Corporation Code Paragraph 1: name of the corporation
Paragraph 2: specific purpose/s for which the corporation is being incorporated; where there is more than one stated purpose, indicate which is the primary purpose and which is/are the secondary purpose or purposes Paragraph 3: place where the principal office of the corporation is to be located (must be within the Philippines) Paragraph 4: Paragraph 5: fifteen (15)]; names, nationalities and residences of the incorporators number of directors [must be at least five (5) but not more than
Paragraph 6: name, nationalities and residence of the persons who shall act as directors until the regular ones are duly elected and qualified Paragraph 7: (a) amount of authorized capital stock, number of shares into which it is divided, and in case of par value shares, the par value of each, (b) names, nationalities and residences of the original subscribers, and the amount subscribed and paid by each on his subscription; (if some or all of the shares are without par value, state such fact) Paragraph 8: convenient. other matters which the incorporators may deem necessary and
NOTE: Must be signed by the incorporators and by at least two witnesses, acknowledged before a notary public, and attached with a Treasurers Affidavit, in the form below.
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Form No. 19
TREASURERS AFFIDAVIT
TREASURERS AFFIDAVIT
REPUBLIC OF THE PHILIPPINES PROVINCE OF _______________ CITY/MUNICIPALITY OF _______ S.S.
I, ___________________, after being duly sworn, depose and say: That on the _____day of __________, 2005, I was duly elected by the subscribers named in the foregoing articles of incorporation to act as Treasurer until my successor is duly elected and qualified in accordance with the by-laws of the corporation; That ________PESOS (P_________) worth of shares of stock with PAR VALUE of ________PESOS (P________) each has been actually subscribed, and that of said subscription ________PESOS (P________) has been actually paid and transferred to me in trust and received by me for the benefit and to the credit of the corporation; That pursuant to law, I certify that _________ per centum (__%) of the entire number of authorized shares of capital stock has been subscribed and ________ per centum (__%) of the total subscription has been actually paid to me in cash for the benefit and to the credit of the corporation. __________________________ (Treasurers Signature)
JURAT Form No. 20
ARTICLES OF INCORPORATION OF NON-STOCK CORPORATION
NOTE: Same basic contents with that of a stock corporation. Please take note of the following differences: 1. 2. 3. may not include a purpose which would change or contradict its nature as a non-stock corporation names, nationalities and residences of the contributors and the amount contributed by each, instead of subscriptions
name, nationalities and residence of the persons who shall act as trustees until the regular ones are duly elected and qualified
CERTIFICATION OF BOARD RESOLUTION BY CORPORATE SECRETARY (1987 Bar Exams)

Form No. 21 SECRETARYS CERTIFICATE I, ____________________, of legal age, married, Filipino, with residence at ___________, after having been sworn to according to law, depose and state: 1. I am the corporate secretary of X corporation, a corporation duly organized and existing under the laws of the Philippines;
2. As such corporate secretary, I have access to all the corporate records of X corporation; 3. On _____________, the board of directors of X corporation, in a meeting duly called for the purpose, passed the following resolution: (Copy of the Board Resolution) 4. The above-quoted resolution is still in force and has not yet been revoked by the board as of this date. IN WITNESS WHEREOF, I have hereunto affixed my signature and the seal of the corporation, this ______ day of ________, 2005. ___________________________ (Signature of the Secretary) JURAT
E. NEGOTIABLE INSTRUMENTS
Form No. 22
PROMISSORY NOTE (1991, 1994 Bar Exams)
NOTE: See Sec.184, Negotiable Instruments Law
(Date) P_____________ ____________________, Philippines
________ months (or days) after date, I promise to pay, for value received, to _____________________ or order the sum of _______________________PESOS, with interest at ______percent per annum until fully paid. The makers and indorsers severally waive presentment for payment, protest, and notice of non-payment of this note. __________________________ (Maker) Form No. 23
BILL OF EXCHANGE
NOTE: See Sec. 126, Negotiable Instruments Law
Manila, April ______, 2005 For value received, pay to _________________________ or order the sum of ___________________ (P__________) PESOS, Philippine Currency, and charge the same to the account of (name of drawer). __________________________ (Signature of Drawer) TO: (Name of Drawee) (Address)
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Form No. 24
CHECK
NOTE: See Sec. 188, Negotiable Instruments Law
No. __________________ BANK OF THE PHILIPPINE ISLANDS Makati, Philippines Makati, Philippines ____________, 2005 PAY to ______________________________ or order/bearer PESOS ______________________________
__________________________ (Signature)
P __________________________ (Philippine Currency)
F. COMMISSION
Form No. 25
NOTARIAL COMMISSION
REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF _____ This is to certify that [name of notary public] of [regular place of work or business] in [city or province] was on this [date] day of [month] two thousand and [year] commissioned by the undersigned as a notary public, within and for the said jurisdiction, for a term ending the thirty-first day of December [year]. __________________________ (Executive Judge)
I.
LITIGATION FORMS
NOTE: As per Supreme Court En Banc Resolution on Bar Matter No. 1132 dated November 12, 2002, all pleadings must indicate the following (RIC): Roll of Attorneys Number of the lawyer Current Professional Tax Receipt (PTR) IBP Official Receipt or Life Member Number All judicial forms have one pattern. PARTS OF A TYPICAL JUDICIAL FORM (CAP-TIBRA-PLUS) 1. CAPtion 2. Title 3. Introduction 4. Body 5. Relief 6. Attorney 7. PLUS/Addendum (ex: Verification, Certification)
NOTE:
NOTE: The pattern (CAP-TIBRA-PLUS) can be used for all kinds of judicial pleadings and motions. You need only vary the CONTENTS and the PLUS portion.
COMPLAINT vs. ANSWER
COMPLAINT Three parts of the body: a. Identity of the parties b. Cause of action (statement of the rights of the plaintiff and the violation thereof by the defendant) c. Prayer PLUS a. Verification (when required) b. Certification of Non-Forum Shopping (mandatory)
ANSWER Three parts of the body: a. Admissions and Denials b. Special and Affirmative Defenses c. Counterclaim (if any) d. Prayer
PLUS a. Verification (when required) b. Statement of Copy Furnished the Adverse Party c. Explanation
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A. BASIC FORMS
CAPTION(S)
REPUBLIC OF THE PHILIPPINES SUPREME COURT Manila REPUBLIC OF THE PHILIPPINES COURT OF APPEALS Manila REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Manila, Branch 1 REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT OF METRO MANILA Manila, Branch 1 REPUBLIC OF THE PHILIPPINES MUNICIPAL TRIAL COURT San Pablo City, Branch 1 REPUBLIC OF THE PHILIPPINES THIRD JUDICIAL REGION MUNICIPAL CIRCUIT TRIAL COURT Malolos, Bulacan
TITLE(S)
JUAN DELA CRUZ Plaintiff-Appellant, - versus PEDRO SANTOS Defendant-Appellee. X------------------------------------------X *G.R. No.____________ (Designation of the Pleading)
* to be used if filed with the SC; if filed with CA, use CA-GR No. ; if filed with other courts, use Civil Case No., Sp. Proc No. or Crim. Case No.
Form No. 26
VERIFICATION
(1994, 2004 Bar Exams)
NOTE: The general rule is that pleadings need not be verified, except when it is specifically provided by law (E.G. Complaint, Complaint for Ejectment, Complaint with Preliminary Attachment, Complaint for Replevin, Petitions for Certiorari, Mandamus, Prohibition or Habeas Corpus, Petitions for Change of Name, Voluntary Dissolution of Corporation, Appointment of General Guardian, Leave to Sell or Encumber the estate of guardian, Petition that Competency of ward be judicially determined, Answer to complaint based on actionable document, Answers under the Rules on Summary Procedure)
VERIFICATION
I, JUAN DELA CRUZ, subscribing under oath, hereby deposes and states that: I am the plaintiff (defendant or respondent or petitioner) in the instant case. I have read the foregoing Complaint (Answer or Petition or Opposition) and the allegations therein are true and correct of my own knowledge and/or based on authentic records on hand. I attest to the authenticity of the annexes thereof. __________________________ (JUAN DELA CRUZ) JURAT
NOTE: Copy furnished addressed to the counsel of the adverse party
Form No. 27 CERTIFICATION OF NON FORUM SHOPPING (Sec. 5, R7, ROC) (2004 Bar Exams) CERTIFICATION I certify that: a. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or different Divisions thereof, or any other tribunal or agency. b. No such action or proceeding is pending in the Supreme Court, the Court of Appeals, or different Divisions thereof, or any other tribunal or agency. c. If I should learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different Divisions thereof, or any other tribunal or agency, I hereby undertake to notify this Honorable Court within five (5) days from such notice. (JUAN DELA CRUZ) JURAT
NOTE: Copy furnished addressed to the counsel of the adverse party.
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Form No. 28
EXPLANATION
EXPLANATION
This Certifies that personal service was not resorted to for the reason that due to time, distance and manpower constraints, the same is not practicable. __________________________ (Counsel) Form No. 29
NOTICE OF HEARING
To: __________________________ __________________________ Greetings: Please take notice that on Friday ________________, 20 __, at 8:30 oclock A.M., or as soon thereafter as counsel may be heard, the undersigned will ask the Regional Trial Court of _____________ to approve the foregoing motion. __________________________ (Counsel)
Copy served on __________ this ____ day of ____, 20 __. _______________________.
PARTS OF A TYPICAL SWORN STATEMENT (VT-POSS-J) 1. 2. 3. 4. 5. 6. 7. Venue Title Person Oath Statement Signature Jurat
Form No. 30
AFFIDAVIT OF MERITS
REPUBLIC OF THE PHILIPPINES CITY OF MANILA
S.S. AFFIDAVIT
I, _________, Filipino, of legal age and a resident of ________, after being duly sworn in accordance with law, deposes and states that:
1. I am the Petitioner in the case entitled ______ docketed as Civil/Criminal Case No.____ and pending before the Regional Trial Court; 2. I have caused the preparation of the Motion for Reconsideration to which this affidavit is attached. I have read the allegations contained therein and I hereby state that the same is true and correct of my personal knowledge and belief; 3. I have received a copy of the resolution of the Regional Trial Court dismissing my petition for failure to prosecute for an unreasonable length of time; 4. The reason for my failure to proceed with the steps necessary for my case was due to the fact that my counsel, Atty._____ was admitted in the Philippine Heart Center for an emergency operation due to heart failure; 5. The partners of my lawyer were not able to handle my case because of their individual work load and hectic schedule; 6. The foregoing circumstances that led to the dismissal of my petition constitute mistake and/or excusable negligence which ordinary prudence could not have guarded against and by reason of which I have been impaired of my rights, especially because a judgment was rendered by the court without affording me the chance to present my evidence; 7. I voluntarily execute this affidavit of merit to attest to the truth of the foregoing facts and in order to support the grounds in my Motion for Reconsideration as it really shows that the same is meritorious, and in order that the Order or Judgment rendered against me be reconsidered and set aside and to issue a new one reinstating the instant case. AFFIANT FURTHER SAYETH NAUGHT. JURAT Form No. 31 __________________________ (Affiant)
AFFIDAVIT OF SERVICE BY MAIL
S.S. AFFIDAVIT
I, ___________________, a messenger of Atty. ______________, with office address at ___________________, after being duly sworn, depose and says: That on ________________, 2005, I served a copy of the following pleading/paper by registered mail in accordance with Sec. 10 of Rule 13 of the Rules of Court. Nature of Pleading/Paper ____________________________ ____________________________
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____________________________ in Case No. ____________ entitled _________________________ by depositing a copy in the post office in a sealed envelope, plainly addressed to (name of the party or his attorney) at (address) 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. In witness whereof, I have hereunto set my hand this_____ day of the Municipality of__________, Province of_________, Philippines. , 2005, in
__________________________ (Signature of Affiant) Form No. 32
AFFIDAVIT FOR PRELIMINARY ATTACHMENT
NOTE: State in the Complaint or Petition the facts showing plaintiffs right to attach defendants properties.
S.S.
AFFIDAVIT X (name) , of legal age and a resident of the City of Manila, Philippines, after having been duly sworn to in accordance with law, hereby deposes and says: That he is the Plaintiff in the above-entitled case; That there is sufficient cause of action; That the defendant has removed or disposed of his property, or is about to do so with intent to defraud his creditor, the herein plaintiff-affiant; That he is ready to file a bond in such amount as this Honorable Court may direct; That the amount claimed in the action is as much as the sum which the order is prayed for above all legal counterclaims. FURTHER AFFIANT SAYETH NAUGHT. JURAT __________________________ (Affiant)
Form No. 33
AFFIDAVIT IN SUPPORT OF PETITION FOR INJUNCTION
NOTE: This comes after the main body of the Complaint or Petition for Injunction.
S.S.
AFFIDAVIT
I, X (name) , of legal age and resident of the City of Manila, Philippines, after having been duly sworn in accordance with law, hereby depose and say: That I am the Plaintiff in the above entitled case and am entitled to the relief demanded in the complaint in whole or in part and such relief consists in restraining the commission or continuance of the acts complained of either for a limited period or perpetually; That the commission or continuance of the acts complained of during the litigation will work injury to herein plaintiff and that the defendant is doing, threatens, or is about to do, or is procuring or suffering to be done the acts tending to render the judgment ineffectual; And that I am willing and ready to post a bond in an amount which may be fixed by the Court to the effect that he, the plaintiff, will pay the defendant all the damages which the latter may sustain by reason of the injunction if the court should finally decide that the plaintiff was not entitled thereto. FURTHER AFFIANT SAYETH NAUGHT. JURAT Form No. 34 __________________________ (Affiant)
AFFIDAVIT FOR REPLEVIN
NOTE: This comes after the main body of the Complaint or Petition for Replevin.
(CAPTION AND TITLE) AFFIDAVIT I, ______________, of legal age, single/married, and resident ________________, after being sworn in accordance with law depose and say: of
1. That I am the plaintiff in the instant action for the delivery of personal property against the defendant, entitled _______________ in the Regional Trial Court of _____________; 2. That I am the owner of said property, particularly described as follows, to wit: _______________; 3. That the said personal property is wrongfully detained by the defendant without any lawful cause whatsoever;
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4. That the said personal property has not been taken for a tax assessment or fine pursuant to law, or seized under an execution, or an attachment against the property of the plaintiff; 5. That the actual value of the said property is _______________________. __________________________ (Plaintiff) JURAT
B. ACTIONS 1. CIVIL ACTION

a. ORDINARY CIVIL ACTION a.1. Civil Pleadings, Motions and Other Forms
Form No. 35
COMPLAINT BASED ON AN ACTIONABLE DOCUMENT (One Cause of Action)

(CAPTION AND TITLE) COMPLAINT
COMES NOW the plaintiff, by the undersigned counsel, and to this Honorable Court, respectfully alleges: 1. That the plaintiff is of legal age, Filipino citizen and resident of _________________, while the defendant is also of legal age, Filipino citizen and a resident of ___________________where he may be served with summons; 2. That on or about January 1, 2004, defendant obtained a loan of P20,000.00 from the plaintiff payable within 90 days from said date at 12% per annum; 3. That said loan, now overdue, is evidenced by a promissory note signed by the defendant, a copy of which is hereto attached as Annex A and made part of this complaint; 4. That despite repeated demands, both written and oral, defendant has failed and refused to apply said loan; 5. That due to the unjust and unlawful act of the defendant to comply with the said demands, the plaintiff was compelled to institute this action engaging in the process the services of counsel in the amount of P1,000.00. WHEREFORE, it is respectfully prayed that judgment be rendered against the defendant to pay the plaintiff the sum of P20,000.00 plus interest of 12% from the date of the instrument until full amount is paid and attorneys fees in the amount of P1,000.00 and costs of the suit. Other equitable reliefs are likewise prayed for.
___________________, 20__, Makati City. __________________________ (Attorney for Plaintiff) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ VERIFICATION CERTIFICATION ON NON-FORUM SHOPPING Form No. 36
COMPLAINT (Several Causes of Action)

COMES NOW the plaintiff, by the undersigned counsel, and to this Honorable Court, respectfully alleges: First Cause of Action 1. That the plaintiff is of legal age, single and a resident of_________, while the defendant is of legal age, single and a resident of _________where he may be served with summons; 2. That on the 29th day of April, 2004, defendant obtained a loan from the plaintiff in the amount of _________ for which he executed and delivered to plaintiff a promissory note, in the following words and figures, to wit: (insert copy of the promissory note OR use as Annex) 3. That despite the lapse of the period for the payment of the amount stated in said note, defendant has not paid the same, nor any part thereof or interest thereon; As Second Cause of Action: 1. Plaintiff hereby incorporates the allegations of paragraph 1 of the first cause of action; 2. That on the 23rd of October, 2004, defendant again obtained a loan from the plaintiff in the amount of _________ for which he executed and delivered to the plaintiff his promissory note in the following words and figures, to wit: (insert copy of promissory note) 3. (Same as paragraph 3 of the first cause of action)
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WHEREFORE, it is respectfully prayed that judgment be rendered in favor of Plaintiff and against defendant for the sum of (the total amount of the promissory notes) with interest at the rate of six per centum per annum on each of the aforesaid notes, until paid; interest at the legal rate on the interest due from the time of the filing of the complaint and attorneys fees plus costs. Such other reliefs just and equitable under the premises are likewise prayed for. ___________________, 20__, Makati City. __________________________ (Attorney for Plaintiff) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ VERIFICATION CERTIFICATION OF NON-FORUM SHOPPING
NOTE: When an ACTIONABLE DOCUMENT has to be denied, VERIFICATION has to be added to the Answer. If the Answer includes a PERMISSIVE COUNTERCLAIM, a CERTIFICATION OF NON-FORUM SHOPPING must also be added.
ANSWER WITH SPECIAL AND AFFIRMATIVE (1976, 1983 Bar Exams) DEFENSES AND COUNTERCLAIM
Form No. 37 (CAPTION AND TITLE) ANSWER NOW COMES the defendant in the above-entitled case and to this Honorable Court most respectfully alleges: 1. Defendant admits the averment in paragraph 1, 2 and 3 of the complaint; 2. Defendant specifically denies the allegation in paragraph 4 of the complaint, the truth being that (State here the fact being claimed by the defendant as the true state of facts or the truth being those stated in the special and affirmative defenses herein set forth); 3. Defendant has no knowledge or information to form a belief as to the truth of the averment in paragraphs 5, 6, 7 and 8 of the complaint. By way of special and affirmative defenses, defendant avers: 1. That the obligation has been paid; 2. That the defendant had purchased said land from plaintiff and paid said promissory notes; 3. That the cause of action has prescribed.
By way of counterclaim, defendant alleges: 1. That by virtue of this unwarranted and malicious act initiated by the plaintiff, defendant was forced to engage counsel in the sum of P10,000.00. WHEREFORE, it is respectfully prayed that the complaint be dismissed and defendant be awarded the amount of P5,000.00. Other equitable reliefs are likewise prayed for. ___________________, 20__, Makati City. __________________________ (Attorney for Plaintiff) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ PROOF OF SERVICE EXPLANATION
NOTE: Under oath if document is denied NOTE: Copy furnished
ANSWER WITH SPECIFIC DENIAL OF DOCUMENT UNDER OATH (1976, 1983 Bar Exams)
Form No. 38 (CAPTION AND TITLE) ANSWER THAT Defendant specifically denies under oath the genuineness and due execution of the instrument a copy of which is attached to Plaintiffs complaint as Annex A, the truth being that his signature thereon is forged and that he did not in fact sign the said instrument. _________________________ (Attorney for Defendant) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________
NOTE: Copy furnished
VERIFICATION
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Form No. 39
NOTICE OF LIS PENDENS (Sec. 14, R13, ROC; 1980 Bar Exams)
(CAPTION AND TITLE) NOTICE OF LIS PENDENS
To: Register of Deeds of ____________ Please be notified that on _________ , the plaintiff In the above-entitled case filed an action, now pending trial in the Regional Trial Court ______________ , for (state nature of action) of certain parcels of land against the defendant, ___________________ , which parcels of land are situated in _________________ , and more particularly described in TCT No. ___________________ as follows, to wit: (Description of property) You are therefore requested to record this notice of the pendency of the abovementioned action, for all legal purposes. ______City, Philippines __________, 20___. __________________________ (Attorney for Plaintiff) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ Form No. 40
ENTRY OF APPEARANCE (2002 Bar Exams)

(CAPTION AND TITLE)
Come now, PRIVATE RESPONDENTS, through counsel, and to this Honorable Court, respectfully state: 1. The undersigned law office hereby enters its appearance as counsel for private respondents, in the above-entitled case in lieu of their previous counsel, Atty. ________, who has withdrawn his appearance. Copy of the Withdrawal of Appearance by Atty. _________ dated September 12, 2004 filed before the National Labor Relations Commission on November 12, 2004 is herein attached as ANNEX A hereof. The signature of private respondents duly authorized representative is affixed below to show conformity to the undersigned counsels entry of appearance. Accordingly, it is respectfully prayed that the undersigned law office be furnished copy of all pleadings, orders, and notices relative to the instant case at its address indicated below. Quezon City, Philippines, ____________, 2005.
Atty. __________________________ (New Counsel) Address: _______________________ Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ With my consent: __________________________ PROOF OF SERVICE EXPLANATION
NOTE: Copy furnished to adverse counsel
SUMMONS (R14, ROC)
NOTE: The summons must be Directed to the defendant signed by the clerk under the seal of the court state the name of the court and the names of the parties to the action direct that the defendant answer within the time fixed by the ROC give a notice that unless the defendant so answers, plaintiff will take judgment by default and may be granted the relief applied for. a copy of the complaint and order for appointment of guardian ad litem, if any, shall be attached to the original and each copy of the summons.
Form No. 41
SUMMONS
(CAPTION AND TITLE) SUMMONS
To: _____________________ _____________________ You are hereby summoned and required to file and serve your answer to the complaint copy of which is herewith served upon you, within fifteen (15) days after service hereof exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. ___________________, Clerk, Regional Trial Court of _____________________
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SUBPOENA (R21, ROC)
NOTE: A subpoena must be signed by the clerk, OR by the judge if his court has no clerk under the seal of the court state the name of the court state the title of the action or investigation directed to the person whose attendance is required if a subpoena duces tecum, it must also contain a reasonable description of the things demanded which must appear to the court prima facie relevant
Form No. 42
SUBPOENA
(CAPTION AND TITLE) SUBPOENA
To: _____________________ _____________________ You are hereby commanded to appear before the Regional Trial Court of ________________ on the ______ day of _______________, 2005 at _________ oclock, then and there to testify in the action of _______________________ against _____________________ [here set out the number of the case]. Witness the Honorable ______________ judge of said court, this ___ day of __________, 20___. __________________________ Judge X, RTC of _________ OR Clerk of Court Form No. 43
SUBPOENA DUCES TECUM (R21, ROC)

(CAPTION AND TITLE) SUBPOENA DUCES TECUM
To: _____________________ _____________________ You are hereby required to appear before the Regional Trial Court of ________________ on the ______ day of _______________, 2005 at _________ oclock and to bring with you into the court the following (describe book, deed, writing, or other documents), it being necessary to use the same as testimony in the cause there pending, wherein _________________ is the plaintiff and _________________ is defendant.
Witness the Honorable ______________ judge of said court, this ___ day of __________, 20___. __________________________ Judge X, RTC of _______ OR Clerk of Court
MOTIONS
NOTE: The body a. b. c. d. of a MOTION usually has four parts: Title Ground for the Motion Argument in support of the Motion Relief sought to be obtained
Form No. 44 Bar Exams)
MOTION TO LIFT ORDER OF DEFAULT (Sec. 3, R9, ROC; 1985
MOTION TO LIFT ORDER OF DEFAULT COMES NOW, the defendant and to this Honorable Court through undersigned counsel respectfully alleges: 1. That ten days after the summons of the complaint was received by this defendant, she filed a motion to dismiss. 2. That plaintiff had not filed any opposition to said motion and no hearing was held on said motion to dismiss. 3. That while the said motion to dismiss was still pending, this Honorable Court declared defendant in default. 4. That said order declaring defendant in default is premature and without legal basis since there is still a pending motion to dismiss. WHEREFORE, it is respectfully prayed that the order declaring defendant in default be lifted and that this Honorable Court rule on the aforesaid pending motion to dismiss. ______City, Philippines __________, 20___. __________________________ (Attorney for _______) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ NOTICE OF HEARING PROOF OF SERVICE AND EXPLANATION
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Form No. 45
MOTION FOR POSTPONEMENT OF HEARING (1987 Bar Exams)

MOTION FOR POSTPONEMENT OF HEARING
COMES NOW, Defendant through undersigned counsel unto this Honorable Court respectfully states: That the above-entitled case is set for hearing on July 7, 2004; That counsel for defendant is afflicted with chicken pox and is now under the medical care of Dr. Quack. A copy of the physicians certificate under is hereto attached. WHEREFORE, it is respectfully prayed that the hearing set on July 7, 2004 be reset to another day preferably on the first week of August 2003 or at the convenience of this Honorable Court. ______City, Philippines __________, 20___. __________________________ (Attorney for _____) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ NOTICE OF HEARING PROOF OF SERVICE EXPLANATION Form No. 46
MOTION TO WITHDRAW WITH SUBSTITUTION OF COUNSEL
COMES NOW, _______, Counsel on record for the defendant and to this Honorable Court respectfully moves to withdraw as counsel of said defendant with the express consent of said defendant as shown in this motion; That in the substitution thereof, Atty. _______ whose services have been engaged by defendant hereby enters his appearance as counsel for defendant; That upon approval of this Honorable Court, all pleadings, notices, and papers in connection with this case be addressed to new counsel _______with address at____________________. ______City, Philippines __________, 20___. __________________________ (Old Counsel) __________________________ (Address) With my consent: __________________________
___________________________ (New Counsel) ___________________________ (Address)
PROOF OF SERVICE EXPLANATION NOTE: Copy furnished to adverse counsel Form No. 47
MOTION TO DISMISS (R16, ROC; 2002 Bar Exams)

MOTION TO DISMISS
NOW COMES Defendant, by his undersigned attorney, and to this Honorable Court respectfully moves that the complaint be dismissed on the following grounds: (Here mention one or more grounds provided for in Rule 16, Rules of Court: 1. Lack of Jurisdiction; 2. Payment; 3. Novation; 4. Prescription; 5. Lack of capacity) ARGUMENTS (Here set forth the reasons in support of the grounds mentioned) PRAYER WHEREFORE, it is respectfully prayed that the complaint be dismissed. ______City, Philippines __________, 20___. __________________________ (Attorney for Defendant) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ NOTICE OF HEARING PROOF OF SERVICE EXPLANATION Form No. 48
MOTION TO INTERVENE (R19, ROC)

MOTION TO INTERVENE
COMES NOW ___________, by his undersigned counsel, to this Honorable Court respectfully prays that he be permitted to intervene in this case as a party plaintiff/party defendant on the ground that he has legal interest in the matter under litigation, and that he may be adversely affected in these proceedings as shown in the attached Complaint-inIntervention/Answer-in-intervention). WHEREFORE, it is respectfully prayed that _________ be allowed to intervene as party plaintiff/defendant and the attached complaint or answer in intervention be
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admitted and that herein intervenor be allowed to serve copy of the same to the plaintiff/defendant. __________________________ (Attorney for Intervenor) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________
NOTICE OF HEARING PROOF OF SERVICE EXPLANATION

Form No. 49 MOTION FOR JUDGMENT ON THE PLEADINGS (R34, ROC; 1989 Bar Exams) MOTION FOR JUDGMENT ON THE PLEADINGS COMES NOW, the Plaintiff through the undersigned counsel and to this Honorable Court respectfully alleges: 1. That in the answer of defendant filed on _______ he admitted having signed the promissory note and merely interposed the defense that he was asking for time within which to pay the obligation. 2. That said answer does not tender any issue and in fact it can be read therefrom that defendant admitted his obligation. WHEREFORE, it is respectfully prayed that this Honorable Court render judgment on the pleadings. ______City, Philippines __________, 20___. __________________________ (Attorney for _____) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ NOTICE OF HEARING PROOF OF SERVICE EXPLANATION
Form No. 50
MOTION FOR NEW TRIAL (R37, ROC)

MOTION FOR NEW TRIAL
NOW COMES, Defendant (or plaintiff), by his undersigned attorney to this Honorable Court and respectfully moves that the decision of this Honorable Court dated March 1, 2004 and received on March 7, 2004 be set aside and new trial be granted on the following grounds: (here give the grounds provided for in Rule 37, Rules of Court; such as fraud, accident, mistake, or newly discovered evidence or excessive damages awarded) ARGUMENTS (here set forth the reasons in support of the ground/s mentioned) WHEREFORE, it is respectfully prayed that the decision of this Honorable Court be set aside and new trial be granted. ______City, Philippines __________, 20___. __________________________ (Attorney for _____) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ NOTICE OF HEARING PROOF OF SERVICE EXPLANATION [ AFFIDAVIT OF MERITS ]
NOTE: AFFIDAVIT OF MERITS is necessary if motion for new trial is based on fraud, accident, mistake or excusable negligence.
Form No. 51
MOTION FOR EXECUTION OF JUDGMENT (R39, ROC)

MOTION FOR EXECUTION OF JUDGMENT
COMES NOW, the Plaintiff through undersigned counsel and to this Honorable Court respectfully alleges: 1. That judgment was rendered by this Honorable Court in favor of the plaintiff on June 1, 2004. 2. That said judgment was duly received by the defendant on June 5, 2004 as shown in the registry return card;
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3. That up to the present, the defendant had not filed any motion for reconsideration or had appealed from said decision, hence the decision has become final and executory. WHEREFORE, it is respectfully prayed that an order be issued by this Honorable Court for a writ of execution of said judgment. ______City, Philippines __________, 20___. __________________________ (Attorney for _____) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ NOTICE OF HEARING PROOF OF SERVICE EXPLANATION Form No. 52
NOTICE OF APPEAL (1975 Bar Exams)

(CAPTION AND TITLE) NOTICE OF APPEAL
COMES NOW the defendant (or plaintiff as the case maybe) by the undersigned attorney, and hereby gives notice that he is appealing from the judgment of this Honorable Court in the above-entitled case, dated ____________ a copy of which was received by him on _______________, to the Court of Appeals. _____, City, Philippines _______________, 2004. ______________________ ____ (Attorney for the _____) ______________________ ____ (Address) PROOF OF SERVICE
NOTE: Copy furnished
a.2. Provisional Remedies Form No. 53
COMPLAINT WITH PRAYER FOR PRELIMINARY ATTACHMENT (R57, ROC)

COMES NOW, the plaintiff, by the undersigned attorney, and unto this Honorable Court, respectfully avers: 1. That both the plaintiff and the defendant are of age and residents of ________; 2. That __________________________ (state facts constituting an action for the recovery of money on a cause of action arising upon contract, etc.); 3. That the defendant is about to remove or dispose of his property, with intent to defraud his creditors; 4. That plaintiff is willing to put up a bond for the issuance of a preliminary attachment in an amount to be fixed by the court, not exceeding the sum of ___________ PESOS which is the plaintiffs claim herein. WHEREFORE, it is respectfully prayed that, pending the hearing of this case, a writ of preliminary attachment be issued against the property of the defendant to serve as security for the satisfaction of any judgment that may be recovered herein; and that after due hearing on the principal cause of this action, judgment be rendered against the defendant for the sum of _______________ PESOS with interest at the stipulated rate of ___% from __________, plus costs of this suit. ____________, ____________________, 20___. __________________________ (Attorney for Petitioner) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ VERIFICATION CERTIFICATION ON NON-FORUM SHOPPING
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COMPLAINT WITH APPLICATION FOR PRELIMINARY INJUNCTION (R58, ROC)

Form No. 54 (CAPTION AND TITLE) PETITION COMES NOW, the plaintiff, by the undersigned attorney, and unto this Honorable Court, respectfully avers: 1. That both the plaintiff and the defendant are of age and residents of________________; 2. (State in logical order the facts of plaintiffs complaint showing his cause of action and: a. That the plaintiff is entitled to the relief demanded and the whole or part of such relief consists in restraining the commission or continuance of the acts complained of, either for a limited period or perpetually; or b. That the commission or continuance of some act complained of during the litigation would probably work an injustice to the plaintiff; or c. That the defendant is doing, threatening, or is about to do, or is procuring or suffering to be done, some acts probably in violation of the plaintiffs rights respecting the subject of the action and tending to render the judgment ineffectual.) 3. That the plaintiff hereby applies for a writ of preliminary injunction to restrain the defendant from the act herein complained of, and for this purpose hereby offers a bond in such sum as this Honorable Court may fix. PRAYER
WHEREFORE, it is respectfully prayed that, after due notice and hearing a preliminary injunction be issued forthwith to restrain defendant from doing the act herein complained of; namely, to _____________: and that after trial, said injunction be made permanent, with costs, and with such further orders that are just and equitable in the premises.
______City, Philippines __________, 20___. __________________________ (Attorney for Plaintiff) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ VERIFICATION CERTIFICATION OF NON-FORUM SHOPPING AFFIDAVIT FOR PRELIMINARY INJUNCTION
Form No. 55 Exams)
COMPLAINT FOR REPLEVIN
(R60,
ROC; 1979, 1986
Bar
(CAPTION AND TITLE) COMPLAINT COMES NOW, the Plaintiff, through the undersigned counsel, and to this Honorable Court alleges: 1. That both the plaintiff and the defendant are of age, and residents of _____________; 2. That said plaintiff is the lawful owner of a personal property, namely, ___________, valued at ____________ and more particularly described as follows: (description of property) 3. That on or about the 1st day of March 2004, herein defendant borrowed said property from Plaintiff promising to return the same the next day; 4. That on April 1, 2004, and for 10 days thereafter, the herein Plaintiff demanded for the return of the said property but despite repeated demands, said Defendant refused and still refuses to return the said property claiming that the same belongs to him; 5. That plaintiff, in accordance with the Rules of Court, hereby applies for an order for the delivery of said ______________, and hereby files the necessary affidavit and bond hereto, attached, as Annex A and Annex B, respectively, and made integral parts of this application and complaint; 6. That the herein plaintiff is ready and willing to file a bond, executed to the defendant in double the value of the property stated above, for the return of the property to the Defendant if the return thereof be adjudged, and for the payment to the Defendant of such sum as he may recover from the Plaintiff in the auction. WHEREFORE, it is respectfully prayed: 1. That the property in question be ordered delivered to the plaintiff, or if material delivery be not possible, that defendant be ordered to pay plaintiff its actual value, namely the sum of _________; 2. That the defendant be made to pay the costs of this suit, and plaintiff be granted such other equitable relief consistent with law and equity. ______City, Philippines __________, 20___. __________________________ (Attorney for Plaintiff) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued]
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IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ VERIFICATION CERTIFICATION OF NON-FORUM SHOPPING AFFIDAVIT FOR REPLEVIN b. SPECIAL CIVIL ACTION Form No. 56
INTERPLEADER (R62, ROC; 1995 Bar Exams)

COMES NOW, the plaintiff, by the undersigned attorney, and unto this Honorable Court, respectfully avers: 1. That the plaintiff and the defendants are all of legal age, and residents of _________________; 2. That on or about ______________, 20 _____ , the plaintiff found a certain personal property ____________ , in ______________ , without knowing who its true owner is; 3. That the said personal property is now in the possession of the plaintiff; 4. That on or about ____________ , the defendants presented themselves to the plaintiff, each claiming to be the true and exclusive owner of the property in question; 5. That the plaintiff, who claims no interest whatsoever in the subject matter of this action, cannot determine the conflicting claims of the defendants; 6. That the plaintiff brings this action against the conflicting claimants to compel them to interplead and litigate their several claims among themselves. WHEREFORE, it is respectfully prayed of this Honorable Court: (a) To issue an order summoning the defendants to interplead with one another so as to determine their respective rights and claims; (b) To allow plaintiff to recover his expenses of safekeeping, and the costs of this suit, to be charged as first lien upon the subject matter of this action. ______City, Philippines __________, 20___. __________________________ (Attorney for Plaintiff) __________________________ (Address) Roll of Attorneys No. _____
PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ VERIFICATION CERTIFICATION OF NON-FORUM SHOPPING Form No. 57
PETITION FOR CERTIORARI
(R65, ROC)
(CAPTION AND TITLE) PETITION COMES NOW the petitioner by the undersigned attorney, and unto this Honorable Court, respectfully alleges: 1. (State the capacity and residence of the petitioner, and of the public and private respondents.) 2. [State the facts and circumstances under which the respondent (tribunal, board, or officer exercising judicial functions) has acted without, or in excess of its jurisdiction, or with grave abuse of discretion in the exercise of his judicial functions, including your arguments.] 3. (State that there is no appeal from such decision, nor any plain, speedy, and adequate remedy in the ordinary course of law.) 4. That a certified true copy of the decision (or order) herein sought to be annulled is hereto attached as Annex A, together with copies of all pleadings and documents relevant and pertinent thereto. WHEREFORE, it is respectfully prayed, that a writ of certiorari be issued, annulling the judgment or order herein complained of, (with prayer for a preliminary injunction as the case may be, for the protection of the rights of petitioner pending such proceedings), and after due hearing, that judgment be rendered annulling or modifying the decision or order subject of this petition and the proceedings of (the defendant tribunal, board or officer), with costs against private respondent. ______City, Philippines __________, 20___. __________________________ (Attorney for Petitioner) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ VERIFICATION CERTIFICATION ON NON-FORUM SHOPPING COPY FURNISHED AND EXPLANATION
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Form No. 58
PETITION FOR PROHIBITION
(R65, ROC; 1995 Bar Exams)
(CAPTION AND TITLE) PETITION COMES NOW, the petitioner, by the undersigned attorney, and unto this Honorable Court, respectfully alleges: 1. That the petitioner is of age, _______________ (state the capacity and residence of both the petitioner and the respondent); 2. That _______________ [state the facts and circumstances under which the respondent (tribunal, corporation, board or persons, whether exercising functions judicial or ministerial) acted without or in excess of its or his jurisdiction, or with grave abuse of discretion in the proceedings complained of]; 3. That _______________ [state that there is no appeal from such act or any other plain, speedy and adequate remedy in the ordinary course of law]; 4. That a certified true copy (of the judgment or order) subject of this petition is hereto attached as Annex A, together with copies of all pleadings and documents relevant and pertinent thereto. WHEREFORE, it is respectfully prayed, that pending the proceedings in the action, a preliminary injunction be granted ordering the respondent _______________ to desist and refrain from further proceedings in the premises, and that after due notice and hearing, a Writ of Prohibition be issued, commanding the said respondent to desist absolutely and perpetually from further proceedings (in the action or matter in question), with costs. ______City, Philippines __________, 20___. __________________________ (Attorney for Petitioner) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ VERIFICATION CERTIFICATION OF NON-FORUM SHOPPING COPY FURNISHED AND EXPLANATION
Form No. 59
PETITION FOR MANDAMUS
(R65, ROC)
(CAPTION AND TITLE) PETITION COMES NOW, the petitioner, by the undersigned attorney, and unto this Honorable Court, respectfully alleges: 1. That the petitioner is of age, ______________ (state the capacity and residence of both the petitioner and the respondent); 2. That ___________________ [state the facts and circumstances whereby the respondent (tribunal, corporation, board, or person) 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. That the petitioner has no other plain, speedy, and adequate remedy in the ordinary course of law, other than this action; 4. That the petitioner by reason of the wrongful act of the respondent has sustained damages in the sum of __________. WHEREFORE, it is respectfully prayed, that after due notice and hearing, a Writ of Mandamus be issued, commanding the respondent forthwith to: (Here state the act required to be done), with damages and costs. ____________, _______________________, 20____. __________________________ (Attorney for Petitioner) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ VERIFICATION CERTIFICATION OF NON-FORUM SHOPPING COPY FURNISHED AND EXPLANATION
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Form No. 60
ACTION FOR QUO WARRANTO

(R66, ROC)
COMES NOW the plaintiff by the undersigned attorney, and for cause of action against the defendant, respectfully avers: 1. (State the capacity and residence of both the plaintiff and the defendant). 2. (State fully and clearly the facts and circumstances showing that the defendant is in unlawful possession of a public office, and that the plaintiff is entitled to hold same). 3. (State that the plaintiff has demanded of defendant to vacate the office in question and to deliver same to the plaintiff, but the defendant unlawfully refused to deliver same to plaintiff). WHEREFORE, it is respectfully prayed: (a) That a writ of quo warranto be issued ousting and altogether excluding the defendant from the office of __________; (b) That the plaintiff be declared entitled to said office and that he be placed forthwith in possession thereof; (c) That the plaintiff recover his costs. _____________, this _____ day of ___________, 20___. __________________________ (Attorney for Petitioner) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ VERIFICATION CERTIFICATION OF NON-FORUM SHOPPING COPY FURNISHED AND EXPLANATION Form No. 61
COMPLAINT FOR JUDICIAL PARTITION OF REAL ESTATE

COMES NOW the Plaintiff, through counsel, and to this Honorable Court respectfully avers:
1. That the plaintiff and the defendant are both of age and residents of City of Manila; 2. That the said parties are co-owners, by virtue of intestate inheritance from their deceased parents, of certain real properties located in __________________, more particularly described as follows, to wit: (Description of the estate which partition is demanded) 3. That the plaintiff desires that the above real estate be partitioned between the plaintiff and the defendant; 4. That the plaintiff has requested of the defendant that the above-described real estate be amicably partitioned between them by mutual agreement, but the said defendant refused and continues to refuse to do so. WHEREFORE, it is respectfully prayed: (a) That, after due hearing, the partition of the above-described real estate be ordered between the plaintiff and the defendant, share and share alike; (b) That the costs and expenses of these proceedings be taxed solely against the defendant. ______City, Philippines __________, 20___. __________________________ (Attorney for Plaintiff) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ (R70, ROC) Form No. 62 COMPLAINT FOR EJECTMENT (1976, 1982, 1985, 1988, 1993, 1994, 1996, 1997, 2000 Bar Exams)
(CAPTION AND TITLE) COMPLAINT COMES NOW the Plaintiff in the above-entitled case, through counsel, and to this Honorable Court alleges: 1. That the plaintiff is of legal age and a resident of the City of Manila; that defendant is likewise of legal age, residing at No. 2 Cruz Street, Manila and may be served with summons at said address; 2. That defendant on January 7, 2004, leased from the plaintiff the premises located at No. 7 Cruz Street, Manila, agreeing to pay monthly rental of P1,000.00;
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3. However, defendant failed to pay the aforesaid monthly rentals on their due dates, such that as of the date hereof, his arrearages have accumulated up to P_____________; 4. That on March 7, 2004, demands were made on defendant to pay his rental in arrears and vacate the premises, but despite said demands, written and oral, defendant failed and refused to pay the rentals in arrears and vacate the premises leased by him; 5. As a result, plaintiff was constrained to institute this case, incurring in the process obligations for litigation expenses and attorneys fees in the amount of _______________. WHEREFORE, it is respectfully prayed that judgment be rendered against the defendant ordering him: (a) To vacate the premises leased by him; (b) To pay the monthly sum of P1,000.00 beginning with the month of __________, 2004, with interest thereon at the legal rate until fully paid until the defendant vacates said premises; (c) To pay the sum of P_________ as litigation expenses and attorneys fees. Plaintiff further prays for such other reliefs as this Court may deem just and equitable. ______City, Philippines __________, 20___. __________________________ (Attorney for Plaintiff) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ VERIFICATION CERTIFICATION OF NON-FORUM SHOPPING JURAT
2. CRIMINAL ACTION
COMPLAINT vs. INFORMATION
COMPLAINT A sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer or other public officer charged with the enforcement of the law violated (R110, Sec. 3, ROC)
INFORMATION An accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court (R110, Sec. 4, ROC)
a. COMPLAINT
ESSENTIAL PARTS OF A COMPLAINT Caption (CHOB-CO-CJ) Heading Opening sentence Body alleging facts or omissions constituting a crime Contrary to law Oath of Complaint with his/her signature Certification of Prosecutor Jurat
1. 2. 3. 4. 5. 6. 7. 8.
DIRECT FILING OF COMPLAINT (CHOB-SJ) 1.Caption 2.Heading 3.Opening sentence 4.Body alleging facts or omissions constituting a crime 5.Signature 6.Jurat
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Form No. 63 COMPLAINT FOR ACTS OF LASCIVIOUSNESS (Art. 336, RPC; 2003 Bar Exams) (CAPTION AND TITLE) COMPLAINT The undersigned, _______________, accuses _______________ of the crime of an ACT OF LASCIVIOUSNESS, committed as follows, to wit: That on or about _______________, in the Municipality of ______________, Province of ______________, Philippines, within the jurisdiction of this Court, the said accused, actuated by lust, did then and there, willfully, unlawfully, and feloniously, commit an act of lasciviousness upon the undersigned by then and there embracing and kissing her and touching her breasts and sexual organs, against her will, and by means of force. __________, this ______ day of __________________, 2005. __________________________ (Offended Party) Subscribed and sworn to before me this______ day of ________________, 2005, by _____________________, offended party. __________________________ (Municipal Judge of _____) __________________________ WITNESSES: ___________________________
b. INFORMATION
ESSENTIAL PARTS OF AN INFORMATION (CHOB-CPJ-WB)
1. 2. 3. 4. 5. 6. 7. 8. 9.
Caption Heading Opening sentence Body alleging acts or omissions constituting a crime Contrary to law Certification of Preliminary Investigation Jurat List of Witnesses Bail Recommended
Form No. 64
INFORMATION FOR ACTS OF LASCIVIOUSNESS

(CAPTION AND TITLE) INFORMATION
The undersigned, provincial fiscal, upon sworn complaint originally filed by the offended party, accuses _________________ of the crime of an ACT OF LASCIVIOUSNESS, committed as follows: That on or about _______________, in the Municipality of ______________, Province of ______________, Philippines, within the jurisdiction of this Court, the said accused, actuated by lust, did then and there, willfully, unlawfully, and feloniously, commit an act of lasciviousness on the person of ______________ by then and there embracing and kissing her and touching her breasts and sexual organs, against her will, and by means of force. Contrary to law. __________, this ______ day of __________________, 2005. __________________________ (Provincial Fiscal) __________________________ WITNESSES: ___________________________
CERTIFICATION Form No, 65
CERTIFICATION OF PRELIMINARY INVESTIGATION

CERTIFICATION
This is to certify that a preliminary investigation has been conducted in the above- entitled case, wherein the accused was given a chance to appear and that on the basis of the evidence presented there is reasonable ground to believe that the offense charged has been committed and the accused is probably guilty thereof. Makati, Philippines, April 4, 2005 ______________________ ____ (Investigating Officer)
JURAT
NOTE: The OK or approval by the City or Provincial Prosecutor is also required by law before any information may be filed by any assistant fiscal.
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Form No. 66
SERIOUS ILLEGAL DETENTION/KIDNAPPING (Art. 267, RPC)

The undersigned accuses X of the crime of SERIOUS ILLEGAL DETENTION (or KIDNAPPING), committed as follows: That about and during the period beginning the _____ day of ________________, 2004, in the municipality of ________________, province of _______________, Philippines, and within the jurisdiction of this Honorable Court, said X, suspecting that one Z had knowledge of the elopement of her sister, did then and there willfully, unlawfully, feloniously and by force, take said Z, a man 50 years of age, while the latter was walking in ________________, whom said accused detained and kept locked room in his room from _______________ to _______________, 2004, or a period of _______days, under restraint and against the will of the said Z, and said accused did, during said period of detention, maltreat and refuse to release said Z until the sister of the accused was found. CONTRARY TO LAW. __________________________ (Prosecutor) __________________________ WITNESSES: ___________________________
CERTIFICATION Form No. 67
SIMPLE SEDUCTION (Art. 338, RPC; 1985 Bar Exams)

The undersigned, provincial fiscal, upon sworn complaint originally filed by the offended party, copy of which is attached hereto, accuses __________________, of the crime of simple seduction, committed as follows: That on or about _______________________, 20 __ , in ___________________ , province of _____________ , Philippines, within the jurisdiction of this court, the said accused did, then and there willfully, unlawfully, and feloniously, and by means of deceit, have sexual intercourse with _____________ , an unmarried girl over twelve but under eighteen years of age. CONTRARY TO LAW. ______, _____________ , 20 ________. __________________________ (Offended Party)
__________________________
WITNESSES:
___________________________
CERTIFICATION
Form No. 68 exams)
RAPE
(Art. 336, and Art. 344, par. 3, R.P.C.; 2003 Bar
(CAPTION AND TITLE) INFORMATION The undersigned, provincial fiscal, upon sworn complaint originally filed by the offended party, accuses _____________ of the crime of rape, committed as follows, to wit: That on or about _________, 20 ____, in ____________, province of ______________, Philippines, within the jurisdiction of this court, the said accused entered the house of _____________ who was then and there alone, and by means of force and intimidation, willfully, unlawfully, and feloniously did lie, and succeeded in having carnal knowledge of said ______________, without her consent. CONTRARY TO LAW. ________, __________________, 20 _______. __________________________ (Provincial Prosecutor) __________________________ WITNESSES: ___________________________
CERTIFICATION
NOTE: No need for the complaint of the offended party under R.A. 8353.
Form No. 69
MURDER
(Art. 248, RPC) (CAPTION AND TITLE) INFORMATION
follows:
The undersigned accuses _____________ of the crime of MURDER, committed as
That on or about __________, in ___________, province of ___________, Philippines, within the jurisdiction of this court, the said accused did, then and there, with malice aforethought and with deliberate intent to take the life of __________, willfully, unlawfully, feloniously, suddenly, unexpectedly, and treacherously attack the latter with a knife, first wounding him in the chest, and afterwards, when enfeebled and unable to defend himself, again stabbed him in the stomach, both wounds being
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necessarily mortal, thereby causing the direct and immediate death of said _______________. CONTRARY TO LAW. _______ , ____________________ , 20 ______ . __________________________ (Provincial Prosecutor) __________________________ WITNESSES: ___________________________
CERTIFICATION
c. MISCELLANEOUS CRIMINAL PLEADINGS AND OTHER FORMS Form No. 70
PETITION FOR BAIL

(CAPTION AND TITLE) PETITION FOR BAIL
COMES NOW, the defendant in the above-titled case, by his undersigned attorney and respectfully states: 1. That the defendant is presently in custody of the law for the alleged commission of a capital offense and is being detained at __________; 2. That no bail has been recommended for his temporary release, on the assumption that the evidence of guilt is strong; 3. That the burden of showing that evidence of guilt is strong is on the prosecution, and unless this fact is satisfactorily shown, the defendant may be granted bail at the courts discretion. WHEREFORE, upon prior notice and hearing, it is respectfully prayed that the defendant be admitted to bail in such amount as this Honorable Court may fix. _____City, Philippines, _______________, 2005. __________________________ (Attorney for Defendant) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ NOTICE OF HEARING PROOF OF SERVICE
EXPLANATION Form No. 71 Exams)
MOTION TO QUASH (R117, ROC; 1976, 1986, 1988, 1990 Bar
MOTION TO QUASH COMES NOW, X, accused in the above titled case, through his undersigned attorney and respectfully moves to quash the information filed against him on the ground that: 1. Lack of jurisdiction 2. Prescription 3. Facts alleged do not constitute an offense, etc. ARGUMENTS (here set forth the reasons in support of the motion to quash) WHEREFORE, it is respectfully prayed that the information filed against the accused be dismissed. ________City, Philippines, _________, 20___. __________________________ (Attorney for Defendant) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ NOTICE OF HEARING PROOF OF SERVICE EXPLANATION
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Form No. 72
DEMURRER TO EVIDENCE
(CAPTION AND TITLE) MOTION TO DISMISS BY WAY OF DEMURRER TO EVIDENCE Accused JUAN DELA CRUZ, through counsel, and pursuant to leave granted by this Honorable Court in its order dated 20 May 2004, respectfully submits this motion to dismiss by way of demurrer to evidence and alleges that: THE INDICTMENT THE EVIDENCE FOR THE PROSECUTION ARGUMENTS (why the case should be dismissed; insufficiency of evidence should be among those enumerated, showing why the same is insufficient) WHEREFORE, it is respectfully prayed that the case against the accused be dismissed. ________City, Philippines, _________, 20___. __________________________ (Counsel for the Accused) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ NOTICE OF HEARING PROOF OF SERVICE EXPLANATION
C.
SPECIAL PROCEEDINGS
PROBATE OF WILL (R76, ROC; 1988 Bar Exams)
(CAPTION AND TITLE) PETITION
Form No. 73
COMES NOW, the petitioner, by the undersigned attorney, and unto this Honorable Court, respectfully avers:
1. That the petitioner, of legal age, and resident of ____________ , is the executor named in the last will and testament of ___________ , deceased, who died in ___________ , on ________________; 2. That the said last will and testament (photostatic copy only) is hereto attached as Annex A and made an integral part of this petition, the original thereof to be presented to this Honorable Court at the time of the probate; 3. That the subscribing witnesses to said will are: _________ , ____________ , _____________ , all of whom are residents of ___________ ; 4. That the decedent is an inhabitant of the Philippines and a resident of ___________ at the time of his death; 5. That the petitioner, named in the will as executor thereof, is legally qualified to act as such and hereby consents and agrees to accept said trust; 6. That the following persons, all of age, have been named in the said will as devisees of the deceased, to wit: __________; 7. That the property left by the decedent consists of real and personal property, the gross value of which is __________ ; 8. That the testator, at the time of the execution of the said will, was __________ years old, of sound and disposing mind, and not acting under duress, fraud, or undue influence and was in every respect capacitated to dispose of his estate by will. WHEREFORE, it is respectfully prayed: (a) That, upon proper notice and hearing, the above-mentioned will be admitted to probate; (b) That letters testamentary (or of administration) be issued to herein petitioner, without bond; (c) That such other relief be granted as shall be deemed just and equitable in the premises. ______City, Philippines __________, 20___. __________________________ (Attorney for Petitioner) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ VERIFICATION CERTIFICATION OF NON-FORUM SHOPPING
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Form No. 74 PETITION FOR APPOINTMENT OF ADMINISTRATOR (R79, ROC; 1979 Bar Exams) (CAPTION AND TITLE) PETITION alleges: COMES NOW, Petitioner, through counsel, unto this Honorable Court respectfully 1. (Averment of names, ages and residences) 2. That on ___________________, PETER DOE died without leaving any will in the City of _____________________, which was his residence at the time of his death. 3. That the names, ages, and residences of the surviving heirs of the aforementioned deceased, are the following, to wit: Names Ages Relation Residence
4. That the deceased left the following real and personal properties: Character Location Probable Value
5. That, as far as petitioner knows, the following are the names of the creditors of the decedent, to wit: Names Address Amount of Credit
6. That decedent died a bachelor, leaving no descendants nor ascendants whether legitimate or otherwise, and petitioner, is the only surviving brother of said decedent. 7. That the petitioner is willing to be appointed as Administrator should the Court appoint him as such. PRAYER WHEREFORE, it is prayed that, after due notice and hearing letters of administration of the estate of the deceased PETER DOE be issued to petitioner. ______City, Philippines __________, 20___. __________________________ (Attorney for Petitioner) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ VERIFICATION CERTIFICATION OF NON-FORUM SHOPPING
Form No. 75
PETITION FOR GUARDIANSHIP (R93, ROC)
(CAPTION AND TITLE) PETITION NOW COMES X, by his undersigned attorney, to this Honorable Court and respectfully represents: 1. That he is the father of the minor Y; 2. That Y is presently a resident of the City of Manila; 3. That Y is the owner of a parcel of land located in the City of Manila valued at P50,000 and as such minor can make no transactions regarding the same; 4. That the nearest of kin of Y are the following: (here mention the nearest kin and their address) 5. That due to the minority of the said ___________________, it is necessary and convenient that a guardian of his person and property be appointed; 6. That, as above stated, ____________________ is the person having the said minor in his care, and that he possesses all qualifications to whom letters of guardianship should issue. (Furnish a bond of not less than 10% of the value of the property or annual income, if it exceeds P50,000.00) WHEREFORE, it is respectfully prayed that after due notice and hearing your petitioner be appointed guardian over the estate of Y. ______City, Philippines __________, 20___. __________________________ (Attorney for Petitioner) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________ VERIFICATION CERTIFICATION OF NON-FORUM SHOPPING
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Form No. 76 Exams)
PETITION FOR HABEAS CORPUS (R102, ROC; 1979, 1992 Bar
(CAPTION AND TITLE) PETITION NOW COMES X, the petitioner, by his undersigned attorney, to this Honorable Court and respectfully represents: 1. That he is the father of Y, who is presently in the custody of Z, maternal grandmother of Y, who (Z) forcibly abducted him (Y) and up to now actually restrains him (Y) of his liberty; That despite demands, Z refuses to turn over the custody of Y to your petitioner.
2.
WHEREFORE, it is respectfully prayed that an order be issued to Z to bring the minor to this Honorable Court at the hour and date to be set by this Honorable Court, and thereafter that the custody of the minor Y be turned over to your petitioner. ______City, Philippines __________, 20___. __________________________ (Attorney for Petitioner) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________
VERIFICATION CERTIFICATION OF NON-FORUM SHOPPING

Form No. 77
PETITION FOR CHANGE OF NAME

(CAPTION AND TITLE)
COMES NOW the petitioner by the undersigned attorney, and unto this Honorable Court, respectfully avers: 3. 4. That the petitioner is of age, singe/married, and a resident of _______________; That he has been a bona fide resident of the province of _______________ since the year ______, or for at least three (3) years prior to the date of the filing of this petition; That his present name is __________________;
5.
6. 7. 8.
That the petitioner is also known as (a.k.a.) __________________; That (here state reason for which the change of petitioners name is sought); That petitioner requests that his present name be changed to ___________________.
WHEREFORE, it is respectfully prayed that, after due notice and publication in accordance with the Rules of Court, and hearing this Honorable Court adjudge that the petitioners name of _____________________ be changed to __________________.
__________, this _____ day of ___________, 20 __. __________________________ (Attorney for Petitioner) __________________________ (Address) Roll of Attorneys No. _____ PTR No. ______; [date issued][place issued] IBP No. ______; [date issued][Chapter] Serial No. Of Commission ______________
VERIFICATION
PRAYER TO ST. JOSEPH OF CUPERTINO O Great St. Joseph of Cupertino, who when on earth did obtain from God the grace to be asked in the examinations only questions you knew. Obtain for me the same favor in this examination which I am now preparing for. In return I promise to make you known and cause to be invoked through Christ, our Lord. Amen.
THAT IN ALL THINGS GOD MAY BE GLORIFIED!

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54

2005 CENTRALIZED BAR OPERATIONS

II. PRACTICAL EXERCISES I. NON-LITIGATION FORMS

San Beda College of Law

55 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

JURAT (1994 Bar Exams)

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

AFFIDAVIT OF GOOD FAITH

(1991 Bar Exams)

BILATERAL DEED/CONTRACT (vendee obliged to do something)

San Beda College of Law

57 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

SALE OF REAL PROPERTY (1979, 1983, 1984, 1989, 1991, 1997

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

SALE OF PERSONAL PROPERTY

San Beda College of Law

59 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

LEASE OF REAL PROPERTY (1976, 1987, 1988, 1996, 1998 Bar

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

ACKNOWLEDGMENT Form No. 7

LEASE OF PERSONAL PROPERTY

San Beda College of Law

61 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

REAL ESTATE MORTGAGE (1984 Bar Exams)

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

(1997 Bar Exams)

ACKNOWLEDGMENT AFFIDAVIT OF GOOD FAITH

San Beda College of Law

63 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

SPECIAL POWER OF ATTORNEY (1976, 1986, 1992 Bar Exams)

Conforme: ________________________ (Attorney-in-Fact)

Signed in the presence of: __________________________ ___________________________ ACKNOWLEDGMENT

REVOCATION OF POWER OF ATTORNEY

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

C. DONATIONS AND WILLS

DONATION INTER VIVOS

San Beda College of Law

65 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

ACKNOWLEDGMENT Form No. 13 DONATION MORTIS CAUSA

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

ACKNOWLEDGMENT Form No. 14

HOLOGRAPHIC WILL (1975, 1986, 1988 Bar Exams)

San Beda College of Law

67 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

NOTARIAL WILL (1979, 1983, 2004 Bar Exams)

[ NOTE: There must be at least three instrumental witnesses.]

2005 CENTRALIZED BAR OPERATIONS

San Beda College of Law

69 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

D. PARTNERSHIPS AND CORPORATIONS

ARTICLES OF GENERAL PARTNERSHIP

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

Signed in the presence of: _ ACKNOWLEDGMENT

The managing partner is hereby given a salary of ____PESOS (P_) per

(Date) P_ ________, Philippines

Copy served on this day of , 20 . _______________.