Republic of the Philippines)
Makati City )
AFFIDAVIT OF SERVICE
I, FLORENTINO J. HOMERES, under oath, depose and state:
1. I am the special messenger of the law office of GARRIDO &
ASSOCIATES LAW OFFICES, with office address at Suite 2157 Herrera
Tower, 98 Herrera St. corner Valero St., Salcedo Village, Makati City.
2. I served copies of a Notice of Hearing in Spec. Pro No. M-5721,
pending before the Regional Trial Court of Makati City, Branch 137 on
the following parties at their respective addresses and on the dates
indicated below:
Date of Mode of
Name Address
Service Service
by delivering personally a copy of the petition and/or notice of hearing
on each of the above persons or duly authorized representative and/or
by leaving a copy of the same at his residence or office, with a person
of sufficient age and discretion or by depositing a copy in the post
office, in a sealed envelope, plainly addressed to the addressee at his
residence or office, with postage fully prepaid, and with instructions to
the postmaster to return the mail to the sender after ten (10)d days if
undelivered
IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of
September 1999 in Makati City, Metro Manila.
FLORENTINO J. HOMERES
SUBSCRIBED AND SWORN to before me this 7th day of September
1999 in Makati City, Metro Manila, affiant exhibiting to me his
Community Tax Certificate No. 19982609 issued on 22 January 1999 at
Makati City, Metro Manila.
Doc. No. ____;
Page No. ____;
Book No. ____;
Series of 2000.
Republic of the Philippines)
Province of ____________________)S.S.
City/Municipality of _____________)
x----------x
AFFIDAVIT OF SERVICE
I, _____________, of legal age, (single / married / widow), and a resident
of _____________, Philippines, after having been duly sworn in
accordance with law, hereby depose and say:
That I am a Secretary / Legal Aide of the law office of Atty. _____________
with office address at _____________, Philippines;
That in my aforementioned capacity, I had personally served a copy of
the _____________ in the case entitled "_____________," docketed as
_____________ Case no. _____________ (by personal service) to the office
of _____________'s Counsel of Record, ATTY. _____________, with address
at _____________ (by registered mail with return card under Registry
Receipt No. _________).
IN WITNESS WHEREOF, I have hereunto set my hand this _____________
at _____________, Philippines
AFFIANT
(JURAT)
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
I, _______________________, of legal age, after having been duly sworn in
accordance with law, depose and state that:
1. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are
true and correct of my personal knowledge and/or on the basis of
copies of documents and records in my possession;
4. I have not commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;
5. To the best of my knowledge and belief, no such action or
proceeding is pending in the Supreme Court, the Court of Appeals, or
any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has
been filed or is pending before the Supreme Court, the Court of
Appeals, or any other tribunal or agency, I undertake to report that fact
within five (5) days therefrom to this Honorable Court.
___________________________
Affiant
SUBSCRIBED AND SWORN to before me this ___ day of
__________ 200_ at _________________ affiant exhibiting to me his
Community Tax Certificate No.____________________ issued on
________________ 200_ at ______________ City.
Doc. No. ;
Page No. ;
Book No. ;
Series of 200_.
MOTION FOR POSTPONEMENT OF HEARING

COMES NOW the defendant, by the undersigned counsel, unto this

Honorable Court respectfully states:

That the above-entitled case is set for hearing on March 9, 2007;

That counsel for defendant is afflicted with _____ and is now under the
medical care of Dr. Estrada. A copy of the physicians certificate under
is hereto attached.

WHEREFORE, it is respectfully prayed that the hearing set on July 9,

2007 be set to another day

preferably on the first week of August 2007 or at the convenience of

this Honorable Court.

Place and date.

Signature of Counsel

NOTICE OF HEARING

PROOF OF SERVICE

EXPLANATION

(Copy Caption and Title)

FORMAL OFFER OF EVIDENCE
(In Support of __(defendants)__ Prayer for the dismissal
of the complaint for collection of sum of money)
Defendant, by counsel, respectfully submits its formal offer of exhibits
in support of its prayer in the
Complaint dated ______________ for the dismissal of the complaint for
collection of sum of money with
application for writ of preliminary attachment.
EXHIBITS DESCRIPTION
Exhibit A Confirmation Advice issued to Eugenio Villireal III indicating
the
amount of Ten Million pesos (P 10,000,000.00) as the amount of
money lent
Exhibit A-1 The bracketed and sub-marked portion of Exhibit A
containing the
signature of Eugenio Villareal III
Exhibit A-2 The bracketed and sub-marked portion of Exhibit A
containing the
signature of Raul Gerodias as President and authorized representative
of defendant ABC Capital Corporation
PURPOSE
The foregoing exhibits are being offered to prove the following facts:
1. Eugenio Villareal III invested Ten Million Pesos (P 10,000,000.00) with
Defendant ABC Capital Corporation and correspondingly, a
confirmation advice was issued indicating that plaintiffs money
waslent to XYZ Realty, Inc.
2. Defendant ABC Capital Corporation have acted merely in plaintiffs
behalf and/ or for his benefit, risk and account without recourse or
liability, real or contingent, to the former in respect to the loan granted
to XYZ Realty, Inc.
3. Plaintiff freely and voluntarily signed the Confirmation Advice, such
act indicating his conformity to the terms and conditions of the
transaction.
The foregoing exhibits are also being offered as part of the testimony
of ABC Capitals witnesses.
Allied Bank respectfully manifests that the foregoing faithful
reproductions and originally marked documentary exhibits are
attached hereto and respectfully submitted herewith.
PRAYER
WHEREFORE, it is respectfully prayed that the foregoing exhibits be
admitted in evidence for the
purpose/s for which they are offered and as part of the testimony of
the witness presented by ABC Capital
Corporation.
Other reliefs just and equitable are likewise prayed for.
Place and date.
Signature of Counsel
PROOF OF SERVICE
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
Answer to the Complaint
WE, (Insert Name of Principal) single/married (insert name of spouse if
married), of legal age, with residence and postal address at (Address) REPUBLIC OF THE PHILIPPINES
do hereby APPOINT (Insert name of Agent /Attorney-In-Fact))
METROPOLITAN TRIAL COURT
single/married (insert name of spouse if married), likewise of legal age,
City of Manila
with postal address at (Address) as our true and legal representative to
Branch 1
act for and in our name and stead and to perform the following acts:
MICHAEL BADIRRI,
Plaintiff,
To sell, offer for sale, and come to an agreement as to the purchase -versus- CIVIL CASE NO. 12345
price and thereafter to sign for us and in our name and receive EDIL FRANCISCO,
payment from the sale of our property more particularly described as Defendant.
follows: (Insert Description of Property) x--------------------------------------------x
ANSWER
HEREBY GRANTING unto our representative full power and authority to COMES NOW, the defendant, through the undersigned counsel
execute and perform every act necessary to render effective the power and unto this Honorable Court, most respectfully avers:
to sell the foregoing properties, as though we ourselves, have so That he ADMITS the contents of paragraph 2 only insofar as his
performed it, and HEREBY APPROVING ALL that he may do by virtue personal circumstances are concerned;
hereof with full right of substitution of his person and revocation of this
That he ADMITS his obligation of paying the monthly installments cited
instrument.
in paragraph 3 of the complaint, but DENY the rest of the allegations
therein as said defendants obligation to plaintiff is not for the exercise
of a right to repurchase but for the amortization of a loan that he
acquired from the plaintiff at an interest of 12% per annum;
IN WITNESS WHEREOF , WE HAVE HEREUNTO SET OUR HANDS THIS
____ DAY OF _______________ 20__, AT (Insert Place of execution of this That defendant is without knowledge or information sufficient to form a
Instrument). belief as to the veracity of the averments in paragraph 4 of the
complaint;
That defendant does not, at the moment, have all the records of
payments he made to plaintiff, so that he also does not have
_________________________ __________________________________ information sufficient to form a belief as the truth of the allegations in
paragraph 5 of the complaint and, therefore, DENY them.
(Name of Principal) (Name of Agent /Attorney-In-Fact)
WHEREFORE, the defendant respectfully prays that the
complaint be dismissed with costs against the plaintiff.
Other relief and remedies as may be deemed just and equitable
Signed in the presence of: under the premises are likewise prayed for.
NOTARY ACKNOWLEDGEMENT City of Manila, September 27, 2012.
GACUTAN AND SALAZAR LAW OFFICE
Counsel for the Defendant
Suite 258 The Tower
Malate, Manila
By:
ARVIN GACUTAN
Roll No. 98765
IBP No, 12345/1-3-2012/Manila
PTR No. 34567/1-3-2012/Manila
Copy furnished:
ATTY. FRETTI LAUREL
Counsel for the Plaintiff
Unit 1234 Laurel Building
Sampaloc, Manila
EXPLANATION
Copy of the foregoing ANSWER was served to plaintiffs counsel by registered mail due to time and
distance constraints and for lack of the undersigneds staff who can serve the same in person.
 ARVIN GACUTAN WHEREFORE, premises considered, it is most respectfully prayed of 2.1 Plaintiff claims that defendant failed to pay the purchase price of
this FIVE HUNDRED THOUSAND PESOS (Php 500,000.00) for the Rolex
Honorable Court that judgement be rendered in favor of the plaintiff watch
(Caption and Title)
and that delivered to the defendant.
COMPLAINT
after judgement; 2.2 Defendant raise as defenses that no sale ever transpired and that
X , MOST RESPECTFULLY STATES THAT; COMES NOW, the the
a. The defendant shall vacate the house unit owned by the plaintiff.
plaintiff together with the undersigned counsel to this most honorable checks issued to Mr. Ramsey were stolen and the defendants signature
b. The defendant shall be ordered to pay P 120, 000 for the Attorneys forged.
court
Fees.
1. The Plaintiff is of legal age, married and a resident of
Such other reliefs and remedies under the premises are likewise III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES
_______________________. The Defendant is likewise of legal age, married prayed
and temporary residing at _____________________ for. 3.1. Defendant admits only those facts stated in their Answer, i.e.,
2. The Plaintiff is the owner of the two-storey house unit located at the their
Petersville personal circumstances and the existence of the bank account and
_________________, Philippines, this ____ day of _________ 20__.
Subdivision, Baguio City, and having the residential address of PV 123 corresponding checks.
______________________
as
Counsel for the Plaintiff
evidenced by pertinent documents like tax declaration and deed of IV. ISSUES TO BE TRIED
sale. ( PTR No. 18909595:1-04-07:B.C.
4.1. Plaintiff submits that the following issue is subject to proof:
EXHIBIT A ) IBP No, 693095:1-04-07:B.C.
4.1.1. The loss of the defendants checks as the cause for the
3. The Defendant is the lessee of the house unit that is owned by the Roll No. 42481:5-10-97: Manila accounts
Plaintiff as closure and forgery of his signature
Rm. 4 2/F Baguio Boating Center
evidenced by the written contract of lease that both parties signed. 4.2. Defendant submits that the following issues are subject to proof:
180 Burnham Lake, Baguio City
(Exhibit B)
4. The Plaintiff and the Defendant came up with a written agreement of 4.2.1. There was a contract of sale with the plaintiff;
Lease
on June 26, 2007, which they both agreed upon and was duly signed by REPUBLIC OF THE PHILIPPINES
V. EVIDENCE
the two REGIONAL TRIAL COURT
parties as shown in their contract of lease. (Exhibit B) NATIONAL CAPITAL JUDICIAL REGION
5.1. Plaintiff intends to present the following witnesses:
5. Item No. 16 of the contract which the defendant signed expressly MAKATI CITY, BRANCH 112
5.1.1 Ms. Shaina Magdayao, to establish that the plaintiff and
provides DEREK RAMSEY,
defendant actually met at the Shangri-La Makati Hotel, that the Rolex
that he will only be occupying the property for one (1) year, after Plaintiff, was the
which, he will - versus - Civil Case No. 100110 subject matter of a contract of sale between the plaintiff and
vacate the house when that term expires. (Exhibit B) For: Collection of sum of money defendant, and that
the defendant paid in cash FOUR HUNDRED THOUSAND PESOS
6. The contract also provides that the defendant should also take care
of the JOHN LLOYD, (P400,000) and issued the checks covering the balance;

property and its premises with the utmost diligence. Defendants. 5.1.2 Ms. Cristine Reyes, manager of the hotel restaurant, as witness

x----------------------------------------------x to the meeting and the transaction;

7. On June 28, 2008, the plaintiff, after returning from Japan, was
surprised to PRE-TRIAL BRIEF 5.2. Plaintiff reserves the right to present any and all documentary

discover that the defendant did not vacate the property as he
expected. Worse, he installed a sari-sari store in the original building
structure of the house
unit.
8. The plaintiff confronted the defendant about it but the defendant
claimed that
it was a DEED OF SALE which they signed and not a CONTRACT OF
LEASE and therefore, the defendant is the new owner of the house
unit.
9. On August 20, 2008, after continuous demands, the defendant
constantly
refuses to vacate the house unit and even invited relatives to stay with
him.
10. The defendant willfully and maliciously violated the agreement
which they
mutually agreed upon, and which the defendant signed.
PRAYER
DEFENDANT, by counsel, respectfully submits his Pre-Trial
Brief, as follows:
I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND
POSSIBLE TERMS OF ANY SUCH SETTLEMENT
1.1. Plaintiff is open to settling this dispute amicably, subject to a
concrete proposal that is fair and reasonable and a reciprocal
manifestation of
openness from defendant,
1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, plaintiff
respectfully submits that the desired terms of any amicable settlement
would
involve, first, an admission of amount due and owing to plaintiff and,
second,
a schedule of payments.
II. BRIEF STATEMENT OF CLAIMS AND DEFENSES
evidence, which shall become relevant to rebut defendants claims in
the course
of trial as well as any other witnesses whose testimony will become
relevant to
belie defendants witnesses, if necessary.
VI. RESORT TO DISCOVERY
6.1. Considering the relatively simple issues presented, plaintiff does
not intend to avail of discovery at this time;
6.2. Subject, however, to a concrete and reasonable request for
discovery from defendant, plaintiff reserves the right to resort to
discovery
before trial.
VII. AVAILABLE TRIAL DATES
March 17, 2011, March 23, 2011, March 30, 2011 and April 4, 2011