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Legal Forms Memory Aid PDF
Legal Forms Memory Aid PDF
SUBJECT ADVISER:
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
NOTA BENE:
In the bar exam, DO NOT USE A SPECIFIC NAME as a party or signatory to the
document / instrument. This will be considered as marking.
Use only generic names like “Mr. X”, “Mr. Y”, “Juan dela Cruz” or “Pedro Santos”
In writing any legal form, you must complete it by signing above the fictitious
names of the executing party and on the left margin when required.
Always indicate the complete personal circumstances of the parties when
required (i.e. Name, legal age, postal address, civil status, nationality and
designation in the document)
Those that are in BOLD indicate essential or key words or phrases that characterize
the document or instrument.
DO NOT BE IN A HURRY TO SUBMIT YOUR PAPER. THIS IS THE LAST EXAM.
THERE IS NO NEED TO RUSH YOURSELF, AFTER ALL, YOU’VE GONE THIS
FAR. REVIEW YOUR ANSWERS WHILE YOU WAIT FOR THE LAST MINUTE
THEN SUBMIT YOUR PAPER. GOD BLESS AND GODSPEED!
T A B L E O F C O N T E N T S
I. NON-LITIGATION FORMS
A. BASIC FORMS
ACKNOWLEDGMENT ...................................................................................................................4
ACKNOWLEDGMENT OF INSTRUMENT CONSISTING OF TWO OR MORE PAGES...........5
JURAT .............................................................................................................................................5
AFFIDAVIT OF LOSS .....................................................................................................................6
B. CONTRACT OR AGREEMENTS
DEED OF SALE OF REAL PROPERTY ......................................................................................... 7
DEED OF SALE OF PERSONAL PROPERTY ...............................................................................8
CONTRACT OF LEASE OF REAL PROPERTY.............................................................................9
CONTRACT OF LEASE OF PERSONAL PROPERTY................................................................. 10
REAL ESTATE MORTGAGE.........................................................................................................11
CHATTEL MORTGAGE................................................................................................................ 12
AFFIDAVIT OF GOOD FAITH ..................................................................................................... 13
GENERAL POWER OF ATTORNEY ........................................................................................... 14
SPECIAL POWER OF ATTORNEY .............................................................................................. 15
REVOCATION OF POWER OF ATTORNEY............................................................................... 16
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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C e n t r a l B a r O p e r a t i o n s 2 0 0 6
U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
A. BASIC FORMS
CAPTIONS & TITLE .....................................................................................................................32
VERIFICATION ............................................................................................................................34
CERTIFICATION AGAINST FORUM-SHOPPING / CERTIFICATION OF NON-FORUM
SHOPPING ....................................................................................................................................35
EXPLANATION ............................................................................................................................36
AFFIDAVIT OF MAILING / SERVICE ........................................................................................37
AFFIDAVIT FOR PRELIMINARY ATTACHMENT ....................................................................38
AFFIDAVIT IN SUPPORT OF PETITION FOR INJUNCTION .................................................39
AFFIDAVIT FOR REPLEVIN...................................................................................................... 40
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
NOTA BENE:
In the bar exam, DO NOT USE A SPECIFIC NAME as a party or signatory to the
document / instrument. This will be considered as marking.
Use only generic names like “Mr. X”, “Mr. Y”, “Juan dela Cruz” or “Pedro Santos”
In writing any legal form, you must complete it by signing above the fictitious
names of the executing party and on the left margin when required.
Always indicate the complete personal circumstances of the parties when
required (i.e. Name, legal age, postal address, civil status, nationality and
designation in the document)
Those that are in BOLD indicate essential or key words or phrases that characterize
the document or instrument.
DO NOT BE IN A HURRY TO SUBMIT YOUR PAPER. THIS IS THE LAST EXAM.
THERE IS NO NEED TO RUSH YOURSELF, AFTER ALL, YOU’VE GONE THIS
FAR. REVIEW YOUR ANSWERS WHILE YOU WAIT FOR THE LAST MINUTE
THEN SUBMIT YOUR PAPER. GOD BLESS AND GODSPEED!
ACKNOWLEDGMENT
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, on the day,
year, and place above written.
Doc. No. 5;
Page No. 6;
Book No. IV;
Series of 2007.
1
Acknowledgement is the act of an individual who has executed a deed, in going before some competent officer or court and
declaring the same to be his act or deed. Usually used in contracts and deeds.
2
SS is the abbreviation of scilicet which means “to wit; namely”. It is used to particularize a general statement. It may therefore be
read as: “In the Republic of the Philippines; but more particularly in the City of Manila.” The omission of “SS” in a legal document is
NOT material so as to invalidate it.
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
ACKNOWLEDGMENT
This instrument, consisting of 5 pages, including the page on which this acknowledgment is
written, has been signed on the left margin of each and every page thereof by PEDRO SANTOS 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.
Doc. No. 5;
Page No. 6;
Book No. IV;
Series of 2007.
3
JURAT
JURAT
th
SUBSCRIBED AND SWORN to before me, this 15 day of March, 2007 in the City of Manila,
affiant exhibiting before me his Community Tax Certificate No. 123456, issued at Manila on March 1,
2007
Doc. No. 5;
Page No. 6;
Book No. IV;
Series of 2007.
3
Jurat is the part of an affidavit where the officer certifies that eh same was “sworn” before him. Usually used in affidavits.
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
AFFIDAVIT OF LOSS
AFFIDAVIT OF LOSS
I, JUAN DELA CRUZ, of legal age, single, and a resident of Espana, Manila, after having been
sworn to in accordance with law hereby depose and say:
1. That I am the owner of a NOKIA N90 CELLULAR PHONE with serial number IMEI
789887-7898-74 and unit number 0922-3179003 under account number 9807865643;
th
2. That on the 28 of January, 2007 with a number of things I was carrying while getting out
of my car, said cell phone must have slipped from my pocket because after I reached my
office, I hurriedly tried to get my said cell phone from my pocket but I was surprised that it
was not there anymore;
3. That after diligent search inside my car and office as well as the elevator I used going up
to my office, said cell phone was nowhere to be found anymore;
4. That I am executing this affidavit in order to attest to the truth of the foregoing
circumstances and for the purpose of reporting the loss to the Globe Business Center.
th
IN WITNESS WHEREOF, I have hereunto set my hand this 29 day of January, 2006 in the City
of Manila, Philippines.
JURAT
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
I, JUANA DELA CRUZ, of legal age, married to JUAN DELA CRUZ, Filipino Citizen and a
resident of 25 – I West Drive, Marikina, hereinafter known as the VENDOR;
and
JOSE SANTOS, of legal age, single, Filipino Citizen and a resident of Unit 23-A, Starlight
Condominium, Ortigas Center, Pasig City, hereinafter known as the VENDEE;
WITNESSETH:
1. That the VENDOR is the absolute owner of a residential lot in Sucat, Paranaque with an area of
120 square meters covered by Transfer Certificate of Title No. 123456, Registry of Deeds of
Paranaque;
2. That for and in consideration of the sum of NINE THOUSAND FIVE HUNDRED PESOS
(P9,500.00) per square meter or a total of ONE MILLION ONE HUNDRED FORTY THOUSAND
PESOS (P1,140,000.00), receipt of which is hereby acknowledge, VENDOR hereby SELL,
TRANSFER and CONVEY to the VENDEE, his heirs, assigns and transferees, the aforesaid
described parcel of land together with all improvements thereon, free from all liens and
encumbrances;
3. That the VENDEE undertake to pay all taxes, registration and transfer fees as well as the village
association dues.
IN WITNESS WHEREOF, we hereunto sign this deed of absolute sale in Manila, Philippines on
th
this 25 day of February, 2006.
Witnesses:
MR. A MR. B
ACKNOWLEDGMENT
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
I, JUAN DELA CRUZ, of legal age and a resident of 7 Love Bldg., A.H. Lacson St., Sampaloc,
Manila, hereinafter known as VENDOR;
and
PEDRO SANTOS, of legal age, Filipino Citizen and a resident of Unit 25-K, Starlight
Condominium, Ortigas Center, Pasig City, hereinafter known as VENDEE;
WITNESSETH:
1. That the VENDOR is the absolute owner of a motor vehicle particularly described as follows:
Toyota RAV4, 2004 model with motor number 1234,
Plate No. BRV 537, Registration Certificate No. 456,
Chassis No. 2345, and File No. 789.
2. That for and in consideration of the sum of TWO HUNDRED AND FIFTY THOUSAND PESOS
(P250,00.00), receipt of which I hereby acknowledge, I hereby SELL, TRANSFER and CONVEY
to the VENDEE, his heirs, assigns and transferees, the aforesaid described motor vehicle, free
from all liens and encumbrances;
3. That the VENDEE undertake to pay all taxes, registration and transfer fees.
th
IN WITNESS WHEREOF, I have hereunto set my hand this 4 day of March, 2006 in Manila City,
Philippines.
Witnesses:
MR. X MR. Y
ACKNOWLEDGMENT
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
JUAN DELA CRUZ, of legal age, Filipino citizen and a resident of 564 Espana, Manila,
hereinafter known as the LESSOR;
and
PEDRO SANTOS, of legal age, Filipino citizen and a resident of 222 Lacson Street, Manila,
hereinafter known as the LESSEE;
WITNESSETH: That
The LESSOR is the owner in fee simple of a certain parcel of land, together with the buildings
and improvements thereon, situated in 10 Espana, Manila and more particularly described as follows:
(description of property)
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 LESSEE the above-
described property under the following terms and conditions:
1. The monthly rental shall be FIFTEEN THOUSAND PESOS (P 15,000.00), to be paid by the
th
LESSEE on or before the 5 day of each and every month, plus one per centum (5%) surcharge per
th
month for the payment of rentals made after the 5 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 10 years commencing on January 1, 2007 and expiring on December 31,
2017.
3. The LESSEE hereby expressly agrees and warrants that the leased premises shall be used by him
exclusively for residential purposes and the said LESSEE is hereby strictly prohibited from using the
said premises for any other purpose without the prior written consent of the LESSOR;
4. The major and minor repairs shall be for the account of the LESSOR;
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 THIRTY THOUSAND Pesos (P 30,000.00) 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. The each parties shall notify the other at least 30 days in advance of his intention to terminate the
lease.
8. Violation of any of the above terms ipso facto rescinds the contract.
th
IN WITNESS WHEREOF, the parties have hereunto set their hands this 15 day of December
2006, in Manila, Philippines.
Witness 1 Witness 2
ACKNOWLEDGMENT
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
JUAN DELA CRUZ, of legal age, Filipino citizen and a resident of 15 Dapitan Street, Manila,
hereinafter known as the LESSOR;
and
PEDRO SANTOS, of legal age, Filipino citizen and a resident of 1515 Laong-Laan Street,
hereinafter known as the LESSEE;
WITNESSETH: That
The LESSOR is the owner in fee simple of a personal property, more particularly described as
follows:
(description of property)
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 LESSEE the above-
described property under the following terms and conditions:
1. The monthly rental shall be TEN THOUSAND Pesos (P10,000.00), to be paid by the LESSEE at on
th
or before the 5 day of each and every month, plus one per centum (1%) surcharge per month for the
th
payment of rentals made after the 5 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 2 years commencing on January 1, 2006 and expiring on December 31,
2008.
3. The LESSEE hereby expressly agrees and warrants that the leased premises shall be used by him
exclusively for business purposes and the said LESSEE is hereby strictly prohibited from using the
said property for any other purpose without the prior written consent of the LESSOR;
4. The major and minor repairs shall be for the account of the LESSOR;
5. Taxes and assessments shall be for the account of the LESSOR, while other expenses 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 FIVE THOUSAND PESOS (P5,000.00) 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. The each parties shall notify the other at least 30 days in advance of his intention to terminate the
lease.
8. Violation of any of the above terms ipso facto rescinds the contract.
nd
IN WITNESS WHEREOF, the parties have hereunto set their hands this 22 day of November
2005, in Manila, Philippines.
Witness 1 Witness 2
ACKNOWLEDGMENT
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
This REAL ESTATE MORTGAGE, made and executed by JUAN DELA CRUZ, of legal age,
single, Filipino citizen, with residence and post-office address at 1218 Simeon Street, Manila, hereinafter
called the MORTGAGOR,
in favor of
PEDRO SANTOS, of legal age, single, Filipino citizen, with residence and post-office address at
1246 Craig Street, Manila, hereinafter called MORTGAGEE.
WITNESSETH:
That the MORTGAGOR is indebted unto the MORTGAGEE in the sum of TEN THOUSAND
PESOS (P10,000.00), receipt whereof is hereby acknowledged and confessed, payable within a period of
TWO (2) years, with interest at the rate of ten per cent (10%) per annum;
That FOR AND IN CONSIDERATION of said indebtedness, the MORTGAGOR does hereby
convey and deliver by way of MORTGAGE unto the said MORTGAGEE and the latter's heirs and
assigns, the following parcel of land, together with all the improvements thereon and situated at 1218
Simeon Street, Manila covered by Transfer Certificate of Title No. 564789 of the Register of Deeds of
Manila, specifically described as follows:
(insert technical description of real property as it appears in title)
all of which the MORTGAGOR declares to be the absolute owner thereof, free from all liens and
encumbrances;
It is the essence of this contract that if the MORTGAGOR fails to pay the principal obligation
as above mentioned, then this mortgage shall be foreclosed and the above-mentioned properties shall
be sold in accordance with law; however, if the MORTGAGOR pays said obligation together with the
interest, then this mortgage shall be discharged and rendered of no force and effect.
th
IN WITNESS WHEREOF, the parties have set their hands on the 6 day of March, 2006, at the
City of Manila, Philippines.
Witness 1 Witness 2
ACKNOWLEDGMENT
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
CHATTEL MORTGAGE
CHATTEL MORTGAGE
This CHATTEL MORTGAGE, made and executed by JUAN DELA CRUZ, of legal age, single,
Filipino citizen, with residence and post-office address at 15 Arlegui Street, Manila, hereinafter called the
MORTGAGOR,
in favor of
PEDRO SANTOS, of legal age, single, Filipino citizen, with residence and post-office address at
22 Quezon Avenue, QC, hereinafter called MORTGAGEE.
WITNESSETH:
That the MORTGAGOR is indebted unto the MORTGAGEE in the sum of TEN THOUSAND
PESOS (P10,000.00), receipt of which is acknowledged by the MORTGAGOR upon the signing of this
instrument, payable within a period of 2 years, with interest thereon at the rate of five (5) per cent, per
annum;
That FOR AND IN CONSIDERATION of said indebtedness and to assure the performance of
said obligation to pay, the MORTGAGOR hereby conveys by way of CHATTEL MORTGAGE unto the
MORTGAGEE, his heirs, and assigns, the following personal property now in the possession of said
MORTGAGOR:
(Description of personal property mortgaged)
That the condition of this obligation is that should the MORTGAGOR perform the obligation
to pay the herein-above indebtedness together with accrued interest thereon, this chattel mortgage
shall at once become null and void and of no effect whatsoever, otherwise, it shall remain in full force
and effect.
th
IN WITNESS WHEREOF, the parties have set their hands on the 5 day of April, 2007 at the City
of Manila, Philippines.
Witness 1 Witness 2
ACKNOWLEDGMENT
4
AFFIDAVIT OF GOOD FAITH + jurat
4
See next page for sample form
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
5
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.
JURAT
5
The absence of the Affidavit of Good Faith vitiates a chattel mortgage as against creditors or third persons.
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
I, JUAN DELA CRUZ, of legal age, single, resident of 1 McKinley Avenue, Damarinas
Village, Makati City, do hereby name, constitute and appoint PEDRO SANTOS, of legal age, Filipino
citizen and a resident of Unit 25 Ritz Condominium, Ayala Avenue, Makati City, to be my true and
lawful attorney in-fact, for me and in my name, place and stead to do and perform the following acts
and things, to wit:
1. To ask, demand, sue for, recover or collect any and all sums of money and other things of
value of whatever nature or kind as may now be or hereafter become due, owing, payable or
belonging to me, and to have, sue, and to take any and all lawful ways and means for the
recovery thereof by suit.
2. To make, sign, execute, and deliver contracts, documents, agreements, and other writings
of whatever nature.
3. To delegate in whole or in part any or all of the powers herein granted or conferred, by
means of an instrument in writing, in favor of any third person or persons whom my said
attorney may select.
HEREBY GIVING AND GRANTING unto my said attorney-in-fact full power and authority
whatsoever requisite or necessary or proper to be done in and about the premises as fully to all
intents and purposes as I might or could lawfully do if personally present, with power of
substitution and revocation, and hereby ratifying and confirming that all that my said attorney
or his substitute shall lawfully do or cause to be done under and by virtue of these presents.
rd
IN WITNESS WHEREOF, the parties have set their hands on the 3 day of January 2007, at the
City of Makati, Philippines.
Witness 1 Witness 2
ACKNOWLEDGMENT
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
I, JUAN DELA CRUZ, of legal age, single, resident of 1 McKinley Avenue, Damarinas
Village, Makati City, do hereby name, constitute and appoint PEDRO SANTOS, of legal age, Filipino
citizen and a resident of Unit 25 Ritz Condominium, Ayala Avenue, Makati City, to be my true and
lawful attorney-in-fact, for me and in my name, place and stead within the period of five (5) months,
to SELL, TRANSFER and CONVEY, for the price not less than FIVE MILLION PESOS
(P5,000,000.00), to whosoever may purchase or buy my Hacienda Juan in Tarlac, Tarlac, 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.
th
IN WITNESS WHEREOF, the parties have set their hands on the 16 day of May, 2007, at
the City of Makati, Philippines.
Witness 1 Witness 2
ACKNOWLEDGMENT
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
I, JUAN DELA CRUZ, of legal age, single and with residence address at 1 McKinley Avenue,
th
Damarinas Village, Makati City did on the 16 day of May, 2007 executed a SPECIAL POWER OF
ATTORNEY before ATTY. MARIA CRUZ, a Notary Public in and for the City of Makati and registered
under Doc. No. 2; Page No. 8; Book No. V; Series of 2007, and there did appoint PEDRO SANTOS as
my true and lawful attorney, for me and in my name to perform the acts therein set forth;
That I have revoked and recalled the said power of attorney, and do hereby revoke, recall,
and annul all power and authority thereby given to the said PEDRO SANTOS together with any and
all concomitant rights, powers and privileges given to him.
th
IN WITNESS WHEREOF, the parties have set their hands on the 20 day of November, 2007, at
the City of Makati, Philippines.
Witness 1 Witness 2
ACKNOWLEDGMENT
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
This Deed of Donation, made and executed in the City of Makati, Philippines, by:
JUAN DELA CRUZ, of legal age, single, Filipino citizen and with residence and postal address at
Unit 46, The Residences, Greenbelt 3, Makati City, hereinafter called the DONOR,
in favor of
MARIA SANTOS, of legal age, single, Filipino citizen and with residence and postal address at
Unit 47, The Residences, Greenbelt 3, Makati City, hereinafter called the DONEE.
WITNESSETH:
1. That, the Donor is the absolute owner of that certain real property with buildings and
improvements thereon, situated in Haciena Juan, Tarlac, Tarlac, and more particularly described
as follows:
(description of the property)
2. That for and in consideration of the love and affection which the DONOR has for the
DONEE, and as an act of liberality and generosity, the DONOR hereby voluntarily and freely
gives, transfers and conveys, by way of donation, unto said DONEE, his heirs, executors and
assigns, the above-described real property, together with all the buildings and improvements
found therein, free from all liens and encumbrances;
3. That the donor hereby states that, for the purpose of giving effect to the donation, he has
reserved for himself in full ownership of sufficient property to support him in a manner
appropriate to his needs.
4. That the Donee does hereby accept the foregoing donation of the above-mentioned described
property for which he/she expresses his/her sincerest appreciation and gratitude for the kindness
and liberty shown by the Donor.
th
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on this 14 day of
February, 2006, in the City of Makati, Philippines.
Accepted:
MARIA SANTOS
(Donee)
ACKNOWLEDGMENT
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
6
DONATION MORTIS CAUSA
This Deed of Donation, made and executed in the City of Makati, Philippines, by:
JUAN DELA CRUZ, of legal age, single, Filipino citizen and with residence and postal address at
Unit 46, The Residences, Greenbelt 3, Makati City, hereinafter called the DONOR,
in favor of
MARIA SANTOS, of legal age, single, Filipino citizen and with residence and postal address at
Unit 47, The Residences, Greenbelt 3, Makati City, hereinafter called the DONEE.
WITNESSETH:
1. That, the Donor is the absolute owner of that certain real property with buildings and
improvements thereon, situated in Hacienda Juan, Tarlac, Tarlac and more particularly described
as follows:
(description of the property)
2. That, for and in consideration of the love and affection the DONOR has for the DONEE, the
DONOR hereby TRANSFERS, GIVES and CONVEYS unto the DONEE, his heirs and
assigns, the properties described above with all the buildings and improvements thereon, to take
effect upon the DONOR's death, 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.
3. That, the DONEE does hereby accept this donation and does hereby express his gratitude for
the kindness and liberality of the DONOR.
4. That, the DONOR still has property, real and personal, reserved for his sustenance and daily
subsistence.
5. That, the DONOR hereby reserves unto himself the right to possess and sell the hereinabove
described real properties, as true owner thereof, before his death, without need of prior consent
or approval by the DONEE.
IN WITNESS WHEREOF, the DONOR and the DONEE, have hereunto signed this DONATION
th
MORTIS CAUSA this 14 day of February, 2006 in the City of Manila, Philippines.
ACKNOWLEDGMENT
7
ATTESTATION CLAUSE
JOINT ACKNOWLEDGMENT
6
Art 728. Donations mortis causa partake the nature of testamentary succession and are governed by the rules established in the
Title on Succession.
7
See next page for sample form
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
ATTESTATION CLAUSE
ATTESTATION CLAUSE
This Donation Mortis Causa consists of 2 pages, including this page on which this Attestation
Clause is written. The Donor signed this instrument and every page thereof in the presence of the
instrumental witnesses, and the latter witnessed and signed this instrument and every page thereof
in the presence of the Donor and of one another.
Witness 1 Residence
Witness 2 Residence
Witness 3 Residence
JOINT ACKNOWLEDGMENT
JOINT ACKNOWLEDGMENT
st
BEFORE ME, Notary Public for and in the City of Manila, Philippines this 1 day of January,
2006, personally appeared:
all known to me and to me known to be the same persons who signed the foregoing Will, the first as
testator and the last three as instrumental witnesses, and they respectively acknowledge to me that they
signed the same as their own free act and deed.
This Will consists of 3 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.
ATTY. X
Ser. No. 07-11111
NOTARY PUBLIC
Until Dec. 31, 2007
Roll No. 0001
P.T.R. No. 0002, 12/31/2007, Manila.
IBP No. 0003, 12/31/2007, Manila.
Doc. No. 5;
Page No. 6;
Book No. V;
Series of 2007.
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
HOLOGRAPHIC WILL
HOLOGRAPHIC WILL
I, JUAN DELA CRUZ, Filipino, of legal age, single and a resident of Unit 46, The Residences,
Greenbelt 3, Makati City, 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
beloved, MARIA SANTOS.
th
IN WITNESS WHEREOF, I have hereunto set my hand this 14 day of February, 2006, at the
City of Makati, Philippines.
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
I, JUAN DELA CRUZ, Filipino, of legal age, single and a resident of Unit 46, The Residences,
Greenbelt 3, Makati City, 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. I desire that my remains be buried according to the rights of the Roman Catholic Church
and with dignity suitable to my circumstances
II. I give and bequeath to MARIA SANTOS, all of my properties as listed in the inventory
attached as “Annex A”;
III. I designate MR. X as the sole executor of my Last Will and Testament, and in his default
or incapacity to act, MR. Y and in default or incapacity of the latter to act, MR. Z;
IV. I hereby revoke any and all my other wills, codicils, or testamentary dispositions
heretofore executed, signed or published or alleged to have been executed, signed or
published by me.
th
IN WITNESS WHEREOF, I have hereunto set my hand this 14 day of February, 2006 in the City
of Makati, Philippines.
This Donation Mortis Causa consists of 2 pages, including this page on which this Attestation
Clause is written. The Donor signed this instrument and every page thereof in the presence of the
instrumental witnesses, and the latter witnessed and signed this instrument and every page thereof
in the presence of the Donor and of one another.
Witness 1 Residence
Witness 2 Residence
Witness 3 Residence
JOINT ACKNOWLEDGMENT
8
Article 804, Civil Code – Every will must be in writing and executed in a language or dialect known to the testator.
9
Article 805, Civil Code – If the attestation clause is in a language not known to the witnesses, it shall be interpreted to them. This
means that the attestation need not be in a language known to the attesting witnesses.
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
ARTICLES OF PARTNERSHIP
of
A, B, C, D, E, F AND G
WITNESSETH: That
I. They have formed a partnership among themselves under the name and style of Pañero
Partners.
II. The purpose for which said partnership is formed is to produce and sell male grooming products.
III. The principal office of the partnership shall be located at 8 Ayala Avenue, Makati City;
IV. It is hereby stipulated that “F” shall be the partner to whom the management of the firm and
the use of its signature shall be entrusted, and 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;
V. The term of existence of this partnership shall be 50 years from and after the execution of these
articles;
VI. The capital of the partnership as contributed by the partners are as follows, to wit:
NAME CAPITAL CONTRIBUTED
A P500,000.00
B 500,000.00
C 500,000.00
D 500,000.00
E 500,000.00
F 500,000.00
G 500,000.00
thereby making a TOTAL CAPITAL of P3,500,000.00.
VII. The profits and losses shall be divided share and share alike among the partners of the
partnership;
VIII. The treasurer shall be “G”;
IX. The managing partner is hereby given a salary of ONE HUNDRED THOUSAND PESOS
(P100,000.00) per month;
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
th
IN WITNESS WHEREOF, the parties have hereunto set their hands, this 6 day of April 2007, in
Makati, Philippines.
Partner 1 Partner 5
Partner 2 Partner 6
Partner 3 Partner 7
Partner 4
Witness 1
Witness 2
ACKNOWLEDGMENT
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
Witnesseth, that:
I. The above-named partners have formed a limited partnership among themselves under the
name and style of Pañerong Pogi, Ltd;
II. The purposes for which the said partnership is formed is to establish, operate and manage a
beauty parlor;
III. The principal place of business of the partnership shall be located at 8 Ayala Avenue, Makati
City;
IV. The term for which the partnership is to exist shall be 25 years from and after the execution of
this agreement;
V. The capital of these partnership shall be FOUR MILLION PESOS (P4,000,000.00) contributed by
the partners, as follows, to wit:
VI. “C”, general partner, is hereby designated the manager of the partnership, with a monthly salary
of P 50,000.00;
VII. That the profits and losses shall be apportioned among the partners of the partnership share
and share alike;
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
th
IN WITNESS WHEREOF, the parties hereto have hereto have hereunto set their hands this 4
day of March, 2007, in Makati, Philippines.
Partner 1 Partner 5
Partner 2 Partner 6
Partner 3 Partner 7
Partner 4
Witness 1
Witness 2
ACKNOWLEDGMENT
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
ARTICLES OF INCORPORATION
OF
“A, B, C, D & E MINERALS, INC.”
10
I. That the name of said corporation shall be: “A, B, C, D & E MINERALS, INC.”
II. That the specific purposes for which such corporation is formed is to manufacture, produce,
purchase, sell, treat, distill, handle, distribute and otherwise deal in petroleum and petroleum
products including its by-products, compounds, derivatives, and in other minerals, mineral
substances, chemical substances, and any and all kinds of merchandise whatsoever.
III. That the place where the principal office of the corporation is to be established or located is 88
Session Road, Baguio City, Philippines;
11
IV. That the term for which the said corporation is to exist is 50 years from and after the date of
incorporation;
12
V. That the names, nationalities, and residences of the incorporators are as follows:
Name Residence
A Manila
B Manila
C Manila
D Manila
E Manila
VII. That the capital stock of said corporation in lawful money of the Philippines is TEN MILLION
10
Sec 18, Corporation Code: “No corporate name may be allowed…if the proposed name is identical or deceptively or confusingly
similar to that of any existing corporation or to any other name already protected by law of is patently deceptive, confusing or
contrary to existing laws…”
11
Sec 11, Corporation Code: “A corporation shall exist for a period not exceeding 50 years from the date of incorporation..”
12
Sec 10, Corporation Code: “Any number of natural persons, not less than 5 but not more than 15, all of legal age and a majority of
whom are residents of the Philippines, may form a private corporation for any lawful purpose/s. Each of the incorporators of a stock
corporation must own or be a subscriber of at least 1 share of capital stock of the corporation.”
13
Sec 14, Corporation Code: “The number of directors or trustees, which shall not be less than 5 nor more than 15.”
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
PESOS (P10,000,000.00), and said capital stock is divided into TEN MILLION par value shares,
and the par value of each share is ONE PESO (P1.00);
VIII. That the number and the amount is said capital stock which has actually subscribed is FIVE
MILLION shares representing the sum of FIVE MILLION PESOS and the following persons have
subscribed for the number of shares with the indication of the total amount of capital stock
subscribed and actually paid by each on his subscription, as follows, to wit:
IX. That fifty per centum (50%) of the entire number of authorized shares of capital stock has been
14
subscribed and that twenty-five per centum (25%) of the subscription has been paid ;
X. That “E” has been elected by the subscribers as TREASURER of the corporation to act as such
until his successors is duly elected and qualified in accordance with the by-laws and that as such
treasurer he has been authorized to receive for and in the name of the corporation all
subscriptions paid by the subscribers.
th
IN WITNESS WHEREOF, we have hereunto set our hands this 8 day of September, 2006, in
Manila, Philippines.
Incorporator 1 Incorporator 4
Incorporator 2 Incorporator 5
Incorporator 3
Witness 1
Witness 2
ACKNOWLEDGMENT
TREASURER’S CERTIFICATE + jurat
14
Sec 13, Corporation Code: “At least 25% of the authorized capital stock as stated in the articles of incorporation must be
subscribed at the time of incorporation, and at lest 25 of the total subscription must be paid upon subscription…”
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
TREASURER’S CERTIFICATE15
TREASURER’S CERTIFICATE
That FIVE MILLION PESOS (P5,000,000.00) worth of stock of the PAR VALUE of ONE PESO
(P1.00) each share has been actually subscribed, and that of said subscription TWO MILLION FIVE
HUNDRED THOUSAND PESOS (P2,500,000.00) has been actually paid and transferred to him in trust
and received by him for the benefit and to the credit of the corporation;
That pursuant to law, he certifies that at least TWENTY FIVE PER CENTUM (25%) per centum of
the entire number of authorized shares of capital stock has been subscribed and TWENTY FIVE
PER CENTUM (25%) per centum of the total subscription has been actually paid to him in cash for the
benefit and to the credit of the corporation.
“E”
(Treasurer)
JURAT
15
Section 14, Corporation Code: “…The SEC shall not accept the articles of incorporation of any stock corporation unless
accompanied by a sworn statement of the Treasurer elected by the subscribers showing at least 25% of the authorized capital
stock of the corporation has been subscribed, and at least 25% of the total subscription has been fully paid to him in actual
case and/or in property…such paid-up capital being not less than P5,000.00.”
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
Page 28 of 71
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C e n t r a l B a r O p e r a t i o n s 2 0 0 6
U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
ARTICLES OF INCORPORATION
OF
“GAWAD TULONG”
That we, all of age, majority of whom are citizens and residents of the Philippines, have this day
voluntarily associated ourselves together for the purpose of forming a non-stock corporation under the
laws of the Republic of the Philippines.
II. That the purposes for which such corporation is to be formed are as follows:
a. To promote an integrated four-fold basic program of livelihood, education, public health, and self-
government, emphasizing the rural people since they constitute 80 percent of the population of
the Philippines;
b. To mobilize all possible resources, human and material, national and international, public and
private, to carry out this grassroots program of rural reconstruction, thus laying a firm foundation
for the building of a strong and democratic nation.
III. That the place where the principal office of the corporation is to be established or located in 16
Rada Street, Makati City, Philippines.
IV. That the term for which said corporation is to exist shall be TEN (10) years from and after the
date of incorporation.
V. That the names, nationalities, and residences of the incorporators of said corporation are as
follows:
Name Nationality Residence
Jose Santos Filipino Manila
Juan Dela Cruz Filipino Manila
Pedro Cruz Filipino Manila
Maria De Leon Filipino Manila
Ana Jose Filipino Manila
16
VI. That the number of trustees of the corporation shall be five (5) and shall be persons of good
character and standing in the community.
VII. That the names and residences of the trustees of the corporation who are to serve until their
successors are elected and qualified as provided by the By-laws are as follows:
Name Residence
Jose Santos Manila
Juan Dela Cruz Manila
Pedro Cruz Manila
Maria De Leon Manila
Ana Jose Manila
VIII. That the amount of money to be devoted to the maintenance of said corporation is such
sum as may from time to time be received from contribution, donation and/or endowment from the
government or the public, and such property or money as may from time to time be received or
acquired by deed, grant, devise, bequest, or gift.
16
Sec 92, Corporation Code: The board of trustees of a non-stock corporation may be more than 15.
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
Page 29 of 71
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C e n t r a l B a r O p e r a t i o n s 2 0 0 6
U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
IX. That ANA JOSE has been elected by the member as treasurer of the corporation, to act as such
until his successor is duly elected and qualified in accordance with the By-laws and that as such
treasurer, he has been authorized for the corporation to receive in its name all contributions
and/or donations given to the corporation.
th
IN WITNESS WHEREOF, we have hereunto set our hands this 8 day of July, 2007 in the City of
Manila, Philippines.
Incorporator 1 Incorporator 4
Incorporator 2 Incorporator 5
Incorporator 3
ACKNOWLEDGMENT
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
Page 30 of 71
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
SECRETARY’S CERTIFICATE
I, JUAN DELA CRUZ, of legal age, single, Filipino, with residence at 1 Morayta Street, Manila,
after having been sworn to according to law, depose and state:
1. I am the corporate secretary of IL CBO, Inc. , 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 IL CBO, Inc.;
3. On 4 March 2006, the board of directors of IL CBO, Inc., in a meeting duly called for the purpose,
passed the following resolution:
BOARD RESOLUTION
APPOINTING AN ATTORNEY TO REPRESENT THE CORPORATION
IN PRE-TRIAL CONFERENCE AND TRIAL PROPER
WE, the undersigned, a majority of the Board of Directors of IL CBO, a domestic corporation
existing under the laws of the Philippines with address at Morayta, Manila, hereby certify that at a
regular meeting of the Board of Directors held on March 4, 2006 have resolved, as we hereby
resolve, to pass and adopt the following 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,
th
this 5 day of March, 2006.
JURAT
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
17
II. LITIGATION FORMS
-versus-
G.R. No.06-123456
Petition for Certiorari
PEDRO SANTOS
Defendant-Appellee.
X------------------------------------------X
-versus-
C. A. G.R. No.456789
Petition for Certiorari
PEDRO SANTOS
Defendant-Appellee.
X------------------------------------------X
-versus-
Civil Case No. 789456
Collection of Sum of Money
PEDRO SANTOS
Defendant.
X------------------------------------------X
17
With respect to the litigation forms, make sure that the designated court, judicial region and venue has the proper jurisdiction over
the case mentioned in the Title of the case.
18
The judicial regions correspond to the 13 geographical regions of the Philippines
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
Page 32 of 71
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
PEDRO SANTOS
Plaintiff,
-versus-
Civil Case No. 789456
For: Murder
JUAN DELA CRUZ
Defendant.
X------------------------------------------X
In CRIMINAL PROCEEDINGS:
-versus-
Criminal Case No. 789456
For: Murder
JUAN DELA CRUZ
Accused.
X------------------------------------------X
In SPECIAL PROCEEDINGS
X------------------------------------------X
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
Page 33 of 71
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
19
VERIFICATION
VERIFICATION
I, JUANA DELA CRUZ, Filipino, of legal age, single, and a resident of 23 Espana, Manila, after
having been sworn in accordance with law, hereby deposes and states that:
2. I have read the foregoing petition / complaint and caused the preparation of the same; and
3. The allegations therein are true and correct to the best of my knowledge.
JURAT
h
SUBSCRIBED AND SWORN to before me, this 20 day of March, 2006 in the City of Manila,
affiant exhibiting before me her Community Tax Certificate No. 123456, issued at Manila on March 1,
2006.
Doc. No. 5;
Page No. 6;
Book No. IV;
Series of 2006.
19
Section 4, Rule 7. Verification.
GEN. RULE: Pleadings need not be verified
EXCEPTION: When specifically provided by law –
a. complaint with or for: injunction, ejectment, attachment, application for receivership, replevin, and application for support
pendente lite
b. answer to complaint based on an actionable document denying the actionable document or to a complaint for usury denying
the latter;
c. petition for certiorari, mandamus, prohibition, quo warranto;
d. complaint for expropriation, complaint for forcible entry and unlawful detainer;
e. charges for indirect contempt;
f. all petitions under the rules on special proceedings
g. all pleadings filed under the rule on summary procedure
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
Page 34 of 71
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
CERTIFICATION
I, JUANA DELA CRUZ, Filipino, of legal age, single, and a resident of 23 Espana, Manila, under
oath, deposes and states that:
1. I have not commenced any action or proceeding involving the same issues in the Supreme
Court, Court of Appeals, or any other tribunal or agency;
2. To the best of my knowledge, no such action or proceeding is pending in the Supreme Court,
Court of Appeals or any other tribunal or agency; and
3. If I should thereafter learn that a similar action or proceeding has been filed or pending
before the Supreme Court, Court of Appeals, or any agency or tribunal, I undertake to report
that fact to this Honorable Court within 5 days therefrom.
JURAT
h
SUBSCRIBED AND SWORN to before me, this 20 day of March, 2006 in the City of Manila,
affiant exhibiting before me her Community Tax Certificate No. 123456, issued at Manila on March 1,
2006.
Doc. No. 5;
Page No. 6;
Book No. IV;
Series of 2006.
20
Section 5, Rule 7. Used in complaints and other initiatory pleadings like permissive counterclaims.
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
Page 35 of 71
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C e n t r a l B a r O p e r a t i o n s 2 0 0 6
U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
21
EXPLANATION
EXPLANATION
A copy hereof is served on opposing counsel and the Supreme Court / Court of Appeals / RTC /
MTC by registered mail, instead of by personal service, due to the urgency of filing the same and due to
lack of messengerial personnel of the undersigned counsel for the petitioner at the moment.
21
Section 11, Rule 1. Priorities in mode of filing and service - “…Except with respect to papers emanating from the court, a resort to
other modes must be accompanied by a written explanation why the service or filing was not done personally. A violation
of this Rule may be cause to consider the paper as not filed.”
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
Page 36 of 71
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C e n t r a l B a r O p e r a t i o n s 2 0 0 6
U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
22
AFFIDAVIT OF MAILING / SERVICE
AFFIDAVIT
I, JOSE SANTOS, of legal, single, and resident of 22 Rizal Street, Manila, after being sworn in
accordance with law depose and say:
2. That I on March 3, 2007, at 10:30 AM, I mailed a copy of the attached Motion to Dismiss
depositing the same in the post office of the City of Manila, in a properly sealed envelop, postage
prepaid, and by registered mail, and plainly addressed to Atty. Pedro Santos, at his office at 42F
Espana Towers, Espana, Manila, with instructions on the envelop to the postmaster to return the
mail to the sender after ten days if unclaimed;
3. That the registry receipt issue by the mailing officer is attached hereto;
JOSE SANTOS
Affiant
JURAT
22
Section 13, Rule 13. Proof of service by registered mail through affidavit and registry receipt – Proof of personal service shall
consist of a written admission of the party served, or the official return of the server, or the affidavit of the party serving, containing a
full statement of the date, place and manner of service. If the service is made by ordinary mail, proof thereof shall consist of an
affidavit of the person mailing of facts showing compliance with section 7 of this Rule. If service is made by registered mail, proof
shall be made by such affidavit and the registry receipt issued by the mailing office. The registry return card shall be filed
immediately upon its receipt by the sender, or in lieu thereof the unclaimed letter together with the certified or sworn copy of the
notice given by the postmaster to the addressee.
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
Page 37 of 71
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C e n t r a l B a r O p e r a t i o n s 2 0 0 6
U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
AFFIDAVIT
I, JUAN DELA CRUZ, of legal age and a resident of 13 E. Quintos Street, Manila, after having
been duly sworn to in accordance with law, hereby deposes and says:
JURAT
VERIFICATION
JURAT
23
Sec 1, Rule 57. Grounds upon which attachment may issue -
(a) In an action for the recovery of a specified amount of money or damages, other than moral and exemplary, on a cause of
action arising from law, contract, quasi-contract, delict or quasi-delict against a party who is about to depart from the
Philippines with intent to defraud his creditors;
(b) In an action for money or property embezzled or fraudulently misapplied or converted to his own use by a public officer, or
an officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any
other person in a fiduciary capacity, or for a willful violation of duty;
(c) In an action to recover the possession of property unjustly or fraudulently taken, detained or converted, when the
property, or any part thereof, has been concealed, removed, or disposed of to prevent its being found or taken by the
applicant or an authorized person;
(d) In an action against a party who has been guilty of a fraud in contracting the debt or incurring the obligation upon which the
action is brought, or in the performance thereof;
(e) In an action against a party who has removed or disposed of his property, or is about to do so, with intent to defraud his
creditors; or
(f) In an action against a party who does not reside and is not found in the Philippines, or on whom summons may be
served by publication.
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
Page 38 of 71
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C e n t r a l B a r O p e r a t i o n s 2 0 0 6
U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
AFFIDAVIT
I, JUAN DELA CRUZ, of legal age and resident of 55 Shaw Boulevard, Mandaluyong City, after
having been duly sworn in accordance with law, hereby deposes and says:
1. That I am the plaintiff in the above entitled case and is 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;
2. 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;
3. 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 I, 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.
JURAT
25
VERIFICATION
24
Section 3, Rule 58. Grounds for issuance of preliminary injunction. — A preliminary injunction may be granted when it is
established:
(a) That the applicant is entitled to the relief demanded, and the whole or part of such relief consists in restraining the
commission or continuance of the act or acts complained of, or in requiring the performance of an act or acts either for a limited
period or perpetually;
(b) That the commission, continuance or non-performance of the act or acts complained of during the litigation would probably
work injustice to the applicant; or
(c) That a party, court, agency or a person is doing, threatening, or is attempting to do, or is procuring or suffering to be
done some act or acts probably in violation of the rights of the applicant respecting the subject of the action or
proceeding, and tending to render the judgment ineffectual.
25
Section 4, Rule 58. Verified application and bond for preliminary injunction or temporary restraining order. — A preliminary
injunction or temporary restraining order may be granted only when:
(a) The application in the action or proceeding is verified, and shows facts entitling the applicant to the relief demanded;
XXX
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
Page 39 of 71
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
I, JUAN DELA CRUZ, of legal, single, and resident of 2 Rizal Street, Los Banos, Laguna, after
being sworn in accordance with law depose and say:
1. That I am the plaintiff in an action for the delivery of personal property against the defendant,
entitled JUAN DELA CRUZ versus PEDRO SANTOS (Civil Case No. 06-789456) in the Regional
Trial Court of Laguna, Branch 27;
2. That I am the owner of said property, particularly described as follows, to wit: (state description
of personal property involved);
3. That the said personal property is wrongfully detained by the defendant without any lawful
cause whatsoever;
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 ONE MILLION PESOS (P1,000,000.00).
6. That affiant is willing to file a bond double the actual market value of the property.
JURAT
VERIFICATION + jurat
26
Section 1, Rule 60. Application. — A party praying for the recovery of possession of personal property may, at the
commencement of the action or at any time before answer, apply for an order for the delivery of such property to him, in the manner
hereinafter provided.
Section 2, Rule 60. Affidavit and bond. — The applicant must show by his own affidavit or that of some other person who personally
knows the facts:
(a) That the applicant is the owner of the property claimed, particularly describing it, or is entitled to the possession
thereof;
(b) That the property is wrongfully detained by the adverse party, alleging the cause of detention thereof according to
the best of his knowledge, information, and belief ;
(c) That the property has not been distrained or taken for a tax assessment or a fine pursuant to law, or seized
under a writ of execution or preliminary attachment, or otherwise placed under custodia legis, or if so seized, that it is
exempt from such seizure or custody; and
(d) The actual market value of the property.
The applicant must also give a bond, executed to the adverse party in double the value of the property as stated in the affidavit
aforementioned, for the return of the property to the adverse party if such return be adjudged, and for the payment to the adverse
party of such sum as he may recover from the applicant in the action. (2a)
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
Page 40 of 71
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
ENTRY OF APPEARANCE
PEDRO SANTOS,
Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
ENTRY OF APPEARANCE
Sir:
Please enter the appearance of the undersigned as counsel for the accused in the above-entitled case for
all legal purposes.
JUAN CRUZ
Attorney for Accused
CRUZ LAW OFFICES
nd
2 Floor RCBC Plaza, Ayala Avenue, Makati City
Roll No. 123456
P.T.R. No. 1234567 / Manila / January 10, 2007
IBP No. 123456/ Manila / January 20, 2007
MCLE Compliance No. 123456
MARIA LOPEZ
Attorney for Plaintiff
LOPEZ LAW OFFICES
nd
22 Floor, Insular Life Building,
Ayala Avenue, Makati City
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
27
COMPLAINT BASED ON AN ACTIONABLE DOCUMENT (One Cause of Action)
PEDRO SANTOS,
Defendant.
x---------------------------------x
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 96 Kanlaon Street,
Manila, while the defendant is also of legal age, Filipino citizen and a resident of 1246
Maria Cristina Street, Manila, where he may be served with summons;
2. That on or about June 14, 2006, defendant obtained a loan of P10,000.00 from the
plaintiff payable within 30 days from said date at 5% 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 pay said loan;
WHEREFORE, it is respectfully prayed that judgment be rendered in favor of the plaintiff and
against the defendant to pay the plaintiff the sum of P10,000.00 plus interest of 5% from the date of the
instrument until full amount is paid and attorney’s fees in the amount of P8,000.00 and costs of the suit.
MARIA LOPEZ
Attorney for Plaintiff
LOPEZ LAW OFFICES
nd
2 Floor RCBC Plaza, Ayala Avenue, Makati City
Roll No. 123456
P.T.R. No. 1234567 / Manila / January 10, 2007
IBP No. 123456/ Manila / January 20, 2007
MCLE Compliance No. 123456
27
Section 7, Rule 8. Action or defense based on actionable document – Whenever an action or defense is based upon a written
instrument or document, the substance of such instrument or document shall be set forth in the pleading, and the original or a copy
thereof shall be attached to the pleading as an exhibit, which shall be deemed to be a part of the pleading, or said copy may with
like effect be set forth in the pleading.”
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
PEDRO SANTOS,
Defendant.
x---------------------------------x
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 96 Kanlaon Street, Manila, while the
defendant is also of legal age, Filipino citizen and a resident of 1246 Maria Cristina Street, Manila,
where he may be served with summons;
2. That on or about June 14, 2006, defendant obtained a loan of P10,000.00 from the plaintiff payable
within 30 days from said date at 5% 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 pay said
loan;
Second Cause of Action
(on a second promissory note)
1. Plaintiff hereby incorporates the allegations of paragraph 1 of the first cause of action;
2. That on or about September 14, 2006, defendant obtained a loan of P10,000.00 from the plaintiff
payable within 30 days from said date at 5% 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 B” and made part of this complaint;
4. That despite repeated demands, both written and oral, defendant has failed and refused to pay said
loan;
WHEREFORE, it is respectfully prayed that judgment be rendered in favor of plaintiff and against
defendant to pay the plaintiff the sum of P 20,000.00 with interest at the rate of 5 per centum per annum
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
on each of the aforesaid notes, until full amount is paid and attorney’s fees in the amount of P10, 000.00
and costs of the suit.
JUAN SANTOS
Attorney for Plaintiff
SANTOS LAW OFFICES
nd
2 Floor RCBC Plaza, Ayala Avenue, Makati City
Roll No. 123456
P.T.R. No. 1234567 / Manila / January 10, 2007
IBP No. 123456/ Manila / January 20, 2007
MCLE Compliance No. 123456
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
28
ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES AND COUNTERCLAIM
PEDRO SANTOS,
Defendant.
x-----------------------------------x
ANSWER
COMES NOW the defendant by the undersigned attorney and in answer to plaintiff’s complaint in
the above-entitled case, respectfully alleges:
30
By way of special and affirmative defenses, defendant avers:
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.
28
Sections 5 – Defenses & Section 6 - Counterclaim, Rule 6
29
Section 10, Rule 8 on specific denial in relation to Section 5b, Rule 6 on affirmative defenses.
30
Section 5b, Rule 6; Affirmative defenses consist of: fraud, statute of limitations, release, payment, illegality, statute of frauds,
estopppel, former recovery, discharge in bankruptcy and any other matter by way of confession and avoidance.
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
MARIA LOPEZ
Attorney for Defendant
LOPEZ LAW OFFICES
nd
22 Floor RCBC Plaza, Ayala Avenue, Makati City
Roll No. 123456
P.T.R. No. 1234567 / Manila / January 10, 2007
IBP No. 123456/ Manila / January 20, 2007
MCLE Compliance No. 123456
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
31
ANSWER WITH SPECIFIC DENIAL OF DOCUMENT UNDER OATH
PEDRO SANTOS,
Defendant.
x---------------------------------x
ANSWER
COMES NOW the defendant by the undersigned attorney, and in answer to plaintiff’s complaint,
in the above-entitled case, respectfully alleges:
1. That he specifically denies under oath the genuineness and due execution of the
alleged promissory note, a copy of which is attached to Plaintiff’s complaint as
Annex “A”;
2. That the truth being that his signature thereon is forged and that he did not in fact
sign the said instrument.
JOSE CRUZ
Attorney for Defendant
CRUZ LAW OFFICE
nd
2 Floor, RCBC Plaza, Ayala Avenue, Makati City
Roll No. 123456
P.T.R. No. 1234567 / Manila / January 10, 2008
IBP No. 123456/ Manila / January 20, 2008
MCLE Compliance No. 123456
VERIFICATION + jurat
PROOF OF SERVICE
EXPLANATION
31
Section 8, Rule 8. How to contest such (actionable) documents – When an action or defense is founded upon a written
instrument, copied in or attached to the corresponding pleading as provided in the preceding section, the genuineness and due
execution of the instrument shall be deemed admitted unless the adverse party, under oath specifically denies them, and sets forth
what he claims to be the facts, but the requirement of an oath does not apply when the adverse party does not appear to be a party
to the instrument or when compliance with an order for an inspection of the original instrument is refused.
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
PEDRO SANTOS,
Defendant.
x-----------------------------------x
COMES NOW, the defendant by the undersigned counsel and to this Honorable Court
respectfully alleges:
1. That the above-entitled case was set for trial on September 24, 2006 at 8:30 p.m.;
2. That the undersigned counsel had to attend a business meeting on September 24, 2006
which was previously set;
3. That his presence in said meeting is indispensable, hence, will not be able to attend the trial
on the said date;
4. That this request for postponement of the hearing is not for the purpose of delaying the trial of
the case.
WHERFORE, it is respectfully prayed that the hearing on September 24, 2006 be postponed to
another day at the convenience of this Honorable Court.
JOSE CRUZ
Attorney for Defendant
CRUZ & ASSOCIATES
nd
2 Floor, RCBC Plaza, Ayala Avenue, Makati City
Roll No. 123456
P.T.R. No. 1234567 / Manila / January 10, 2008
IBP No. 123456/ Manila / January 20, 2008
MCLE Compliance No. 123456
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
32
NOTICE OF HEARING
NOTICE OF HEARING
The Clerk of Court
Regional Trial Court of Manila
Branch 111
JOSE SANTOS
Attorney for Defendant
SANTOS & ASSOCIATES
nd
2 Floor, RCBC Plaza, Ayala Avenue, Makati City
Roll No. 123456
P.T.R. No. 1234567 / Manila / January 10, 2008
IBP No. 123456/ Manila / January 20, 2008
MCLE Compliance No. 123456
34
Copy served on:
Atty. Petra Lopez
Counsel for the Plaintiff
123 P. Faura St., Manila
33
Section 5, Rule 15 (Motions). Notice of hearing – The notice of hearing shall be addressed to all parties concerned, and shall
specify the time and date of the hearing which must be not later than 10 days after the filing of the motion.
34
Section 4, Rule 15. Hearing of motion – “…Every written motion is required to be heard and the notice of hearing thereof shall be
served in such a manner as to ensure its receipt by the other party at least 3 days before the date of hearing…”
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
35
MOTION TO LIFT ORDER OF DEFAULT
PEDRO SANTOS,
Defendant.
x-----------------------------------x
COMES NOW, the defendant by the undersigned counsel and to this Honorable Court,
respectfully alleges:
1. That defendant filed a motion to dismiss on the ground of novation and prescription, ten days
after receipt of summons;
2. That Plaintiff had not filed any position to said motion and no hearing was held on said motion
to dismiss;
3. That while the said motion to dismiss is still pending resolution, this Honorable Court declared
defendant in default;
4. That the order of default is premature and without legal basis since there is still pending
motion to dismiss unresolved by this court;
5. That the order declaring defendant in default, was premature because the motion to dismiss
the complaint on the point of lack of jurisdiction was still pending consideration by the Court.
WHEREFORE, it is respectfully prayed that the order declaring the defendant in default be lifted
and that this Honorable Court rule on the aforesaid pending motion to dismiss.
JUAN CRUZ
Attorney for Defendant
CRUZ & ASSOCIATES
nd
2 Floor, RCBC Plaza, Ayala Avenue, Makati City
Roll No. 123456
P.T.R. No. 1234567 / Manila / January 10, 2008
IBP No. 123456/ Manila / January 20, 2008
MCLE Compliance No. 123456
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
35
Section 3, Rule 9. Grounds for relief from order of default - fraud, accident, mistake or excusable negligence and defendant
must have meritorious defense.
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
36
MOTION TO DISMISS
PEDRO SANTOS,
Defendant.
x-----------------------------------x
MOTION TO DISMISS
COMES NOW the 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)
ARGUMENTS
PRAYER
JOSE LOPEZ
Attorney for Defendant
LOPEZ & ASSOCIATES
nd
2 Floor, RCBC Plaza, Ayala Avenue, Makati City
Roll No. 123456
P.T.R. No. 1234567 / Manila / January 10, 2008
IBP No. 123456/ Manila / January 20, 2008
MCLE Compliance No. 123456
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
36
Rule 16. Grounds for Motion to dismiss:
1. lack of jurisdiction over defendant or subject matter
2. improper venue
3. lack of legal capacity
4. litis pedentia
5. res judicata
6. statute of limitations
7. no cause of action
8. waiver
9. unenforceable
10. condition precedent not complied with
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
37
MOTION TO WITHDRAW WITH SUBSTITUTION OF COUNSEL
PEDRO SANTOS,
Defendant.
x-----------------------------------x
COMES NOW, Atty. Maria Lopez, 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 the said
defendant as shown in this motion.
That in substitution thereof, Atty. Ana Santos whose services have been engaged by defendant,
hereby enters her appearance as counsel for the defendant.
That upon approval of this Honorable Court, all pleadings, notices and papers in connection with
rd
this case be addressed to the new counsel, Atty. Santos, with address at 33 Floor, RCBC Plaza, Ayala
Avenue, Makati City.
PEDRO SANTOS
37
Section 26, Rule 138. Change of Attorneys – “An attorney may retire at any time fron any action or special proceeding, by the
written consent of his client filed in court... In case of substitution, the name of the attorney newly employed shall be entered on the
docket of the court in place of the former on, and written notice or the change shall be given to the adverse party…”
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
38
MOTION TO INTERVENE
PEDRO SANTOS,
Defendant.
x-----------------------------------x
MOTION TO INTERVENE
COMES NOW the intervenor, JOSE SANTOS, by his undersigned counsel and to this Honorable
Court respectfully prays that he be permitted to file a complaint (or answer) in intervention in the above-
entitled case, for the following reasons:
1. That he has legal interest in the matter under litigation, or in the success of either of the
parties, or an interest against both, or that he is so situated as to be adversely affected by
the distribution or other disposition of property in the custody of the court of an officer
thereof;
2. That this intervention will not, in the least, unduly delay in this proceeding or prejudice the
rights of the original parties in the case;
3. That the intervenor’s rights can be fully protected in this proceeding rather than by filing a
separate proceeding.
MARIA LOPEZ
Attorney for Intervenor
LOPEZ & ASSOCIATES
nd
2 Floor, RCBC Plaza, Ayala Avenue, Makati City
Roll No. 123456
P.T.R. No. 1234567 / Manila / January 10, 2008
IBP No. 123456/ Manila / January 20, 2008
MCLE Compliance No. 123456
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
38
Section 1. Who may intervene. — A person who has a legal interest in the matter in litigation, or in the success of either of the
parties, or an interest against both, or is so situated as to be adversely affected by a distribution or other disposition of property in
the custody of the court or of an officer thereof may, with leave of court, be allowed to intervene in the action. The court shall
consider whether or not the intervention will unduly delay or prejudice the adjudication of the rights of the original parties, and
whether or not the intervenor's rights may be fully protected in a separate proceeding. (2[a], [b]a, R12)
Section 2. Time to intervene. — The motion to intervene may be filed at any time before rendition of judgment by the trial
court. A copy of the pleading-in-intervention shall be attached to the motion and served on the original parties. (n)
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
39
MOTION FOR NEW TRIAL
PEDRO SANTOS,
Defendant.
x-----------------------------------x
COMES NOW the defendant in the above-entitled case and by the undersigned attorney
respectfully moves that the decision of this Honorable Court dated October 26, 2007 and received on
November 2, 2007 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
WHEREFORE, it is respectfully prayed that the decision of this Honorable Court be set aside and
new trial be granted.
MARIA LOPEZ
Attorney for Defendant
LOPEZ LAW OFFICES
nd
2 Floor, RCBC Plaza, Ayala Avenue, Makati City
Roll No. 123456
P.T.R. No. 1234567 / Manila / January 10, 2008
IBP No. 123456/ Manila / January 20, 2008
MCLE Compliance No. 123456
40
AFFIDAVIT OF MERITS
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
39
Rule 37 New Trial or Reconsideration. Grounds for new trial:
a. Fraud, accident, mistake or excusable negligence which ordinary prudence could not have guarded against and by
reason of which such aggrieved party has probably been impaired of his rights, or
b. Newly discovered evidence, which he could not, with reasonable diligence, have discovered and produced at the trial,
and which if presented would probably alter the result.
40
See next page for sample form
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
41
AFFIDAVIT OF MERITS
AFFIDAVIT
I, PEDRO SANTOS, of legal, single, and resident of 22 Rizal Street, Manila, after being sworn in
accordance with law depose and say:
1. That I am the defendant in the case entitled “Juana dela Cruz versus Pedro Santos”,
docketed as Civil Case Number 123456 in the Regional Trial Court of Manila, Branch 47
in an action for collection of sum of money;
2. That on January 23, 2006, the date set for hearing, while on our way to the RTC of Manila
to attend the hearing of the said case, a truck bumped the car in which my counsel and I
were riding, causing serious physical injuries to my lawyer and myself, which necessitated
our hospitalization for two months;
3. The upon our failure to appear, the Honorable Judge of the RTC of Manila proceeded with
the trial and thereafter rendered judgment against me for the amount of P80,000.00 with
interest from January 1, 2005, plus costs;
4. That if I be given the chance to present evidence, I can show that the amount being
collected from me by the plaintiff has been fully paid as shown by the receipt, a copy f
which is attached hereto as Anne 1 of this affidavit.
PEDRO SANTOS
Affiant
JURAT
41
Section 2, Rule 37. Contents of motion for new trial or reconsideration and notice thereof. — A motion for new trial shall be proved
in the manner provided for proof of motion. A motion for the cause based on fraud, accident, mistake or excusable negligence
shall be supported by affidavits of merits which may be rebutted by affidavits.
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
42
MOTION FOR EXECUTION OF JUDGMENT
PEDRO SANTOS,
Defendant.
x-----------------------------------x
COMES NOW, the Plaintiff, by the undersigned counsel and to this Honorable Court respectfully
shows:
1. That a decision has been rendered in this case on April 24, 2007 in favor of the plaintiff
and against the defendant;
2. That the period for appeal has already expired without the defendant having perfected
an appeal from said decision;
WHEREFORE, it is respectfully prayed that an order be issued by this Honorable Court for a writ
of execution of said judgment.
MARIA SANTOS
Attorney for Plaintiff
SANTOS LAW OFFICES
nd
2 Floor, RCBC Plaza, Ayala Avenue, Makati City
Roll No. 123456
P.T.R. No. 1234567 / Manila / January 10, 2008
IBP No. 123456/ Manila / January 20, 2008
MCLE Compliance No. 123456
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
42
Rule 39, Sections 1 and 6. Execution by motion may be made within 5 years from the date of entry of judgment. After the
lapse of such time and before it is barred by the statute of limitations (5 years), a judgment may be enforced by action. The revived
judgment may also be enforced by motion with 5 years from date of entry and thereafter by action before it is barred by the statute
of limitations.
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
43
NOTICE OF APPEAL
PEDRO SANTOS,
Defendant.
x-----------------------------------x
NOTICE OF APPEAL
COMES NOW the defendant by the undersigned attorney, and hereby files notice of appeal
from the judgment of this Honorable Court in the above-entitled case, dated May 15, 2007 a copy of
which was received by him on May 20, 2007, and appeals the same to the Court of Appeals.
MARIA JOSE
Attorney for Defendant
JOSE LAW OFFICES
nd
2 Floor, RCBC Plaza, Ayala Avenue, Makati City
Roll No. 123456
P.T.R. No. 1234567 / Manila / January 10, 2008
IBP No. 123456/ Manila / January 20, 2008
MCLE Compliance No. 123456
PROOF OF SERVICE
EXPLANATION
43
Rule 41 Appeal from the RTC.
Section 2 (a) Modes of appeal – ordinary appeal. Appeals to the CA in cases decided by the RTC in the exercise of its original
jurisdiction shall be taken by filing a notice of appeal with the court which rendered the judgment or final order appealed from, and
service a copy thereof upon the adverse party.
Section 3 – Period of Appeal. The appeal shall be taken within 15 days from notice of the judgment or final order appealed from.
Section 5 – Notice of Appeal. The notice of appeal shall indicate the parties to the appeal, specify the judgment or final ordered or
part thereof appealed from, specify the court to which the appeal is being taken, and state the dates showing the timeliness of the
appeal.
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
44
INTERPLEADER
COMPLAINT
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 Manila,
Philippines;
2. That on or about November 8, 2006, the plaintiff found a certain personal property
described as (state description of property involved), in front of her house in 32 España,
Manila, without knowing who is the true owner thereof;
3. That the said personal property is now in the possession of the plaintiff;
4. That on or about November 10, 2006, 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.
JOSE SANTOS
Attorney for Defendant
SANTOS LAW OFFICES
nd
2 Floor, RCBC Plaza, Ayala Avenue, Makati City
Roll No. 123456
P.T.R. No. 1234567 / Manila / January 10, 2008
IBP No. 123456/ Manila / January 20, 2008
MCLE Compliance No. 123456
44
Rule 62. When interpleader proper. Whenever conflicting claims upon the same subject matter are or may be made against the
person who claims no interest whatever in the subject matter, or an interest which in whole or in part is not disputed by the
claimants, he may bring an action against the conflicting claimants to compel them to interplead and litigate their several claims
among themselves.
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
45
PETITION FOR GUARDIANSHIP / APPOINTMENT OF GUARDIAN
PETITION
COMES NOW the petitioner, by the undersigned counsel and unto this Honorable Court,
respectfully avers:
1. That the petitioner is of legal age, single, and resident of 12 Espana, Manila and is the maternal
uncle of the ward BABY X;
2. That the said ward is a minor, who at the time of the filing of this petition, is only of 2 years of age
and is a resident of 14 Espana, Manila;
3. That the parents of said minor are currently residing in Paris, France;
4. That the said ward is seized of real and personal property located in Fairview, Quezon City, of the
probable value of TWENTY MILLION PESOS;
5. That the names, ages and residences of the persons and relatives of said Baby X and of the person
having him in his care are as follows:
NAME AGE RELATION TO ADDRESS
MINOR
JOSE DE LEON 55 Maternal uncle 12 Espana, Manila
MARIA SANTOS 15 Paternal aunt 42 Taft Avenue, Manila
6. That the said ward is seized of real and personal property located in Fairview, Quezon City, of the
probable value of TWENTY MILLION PESOS;
7. That the said ward is seized of real and personal property located in Fairview, Quezon City, of the
probable value of TWENTY MILLION PESOS;
8. That, as above stated, Jose de Leon is the person having said minor in his care, and that he possess
all qualifications to whom letters of guardianship should issue.
45
Section 7, Rule on Guardianship of Minors. Contents of Petition – A petition for the appointment of a general guardian must
allege the following:
a. the jurisdictional facts
b. the name, age and residence of the prospective ward
c. the ground rendering the appointment necessary or convenient
d. the death of the parents of the minor or the termination or deprivation or suspension of their parental authority
e. the remarriage of the minor’s surviving parent
f. the names, ages and residences of relative within the 4th civil degree of the minor and of person having him in their care
and custody
g. the probably value, character and location of the property of the minor
h. the name, age and residence of the person for whom letters of guardianship are prayed.
The petition shall be verified and accompanied by a certification gains forum shopping.
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
PRAYER
WHEREFORE, it is respectfully prayed that, upon due notice and hearing, and upon the giving of
such bond as this Honorable Court may order, the herein petitioner Jose De Leon be appointed guardian
of the person and estate of the ward Baby X.
MARIA LOPEZ
Attorney for Petitioner
LOPEZ LAW OFFICES
nd
2 Floor, RCBC Plaza, Ayala Avenue, Makati City
Roll No. 123456
P.T.R. No. 1234567 / Manila / January 10, 2008
IBP No. 123456/ Manila / January 20, 2008
MCLE Compliance No. 123456
VERIFICATION + jurat
CERTIFICATE OF NON-FORUM SHOPPING + jurat
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
46
PETITION FOR LETTERS OF ADMINISTRATORSHIP
SUSAN ROCES,
Petitioner.
x-----------------------------------x
PETITION
COMES NOW, the petitioner by the undersigned counsel and unto this Honorable Court
respectfully alleges:
1. That the petitioner is of legal age, single, and resident of 57 Roxas Boulevard, Manila;
2. The she is the legitimate spouse of deceased who died intestate in the City of Manila on
January 13, 2006.
3. That the deceased Fernando Poe, Jr. left the following legal heirs, to wit:
4. That the deceased left the following real and personal properties, to wit:
5. That, as far as petitioner knows, the following are the names of the creditors of the decedent,
to wit:
6. That decedent died leaving neither descendants nor ascendants whether legitimate or
otherwise, and petitioner is the surviving spouse of said decedent.
46
Section 6, Rule 78. Letters Testamentary and of Administratorship, when and to whom issued – If no executor is named in the
will or the executor are incompetent, refuse the trust or fail to give bond, or a person dies intestate.
Section 2, Rule 79. Contents of Petition for LOA – A petition for letters of administration must be filed by an interested person and
must show, so far as known to the petitioner:
a. the jurisdictional facts (fact of death and residence of decedent);
b. the names, ages, and residences of the heirs, and the names and residences of the creditors of the decedent;
c. the probable value and character of the property of the estate;
d. the name of the person for whom the letters of administration are prayed.
But no defect in the petition shall render void the issuance of letters of administration.
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
PRAYER
WHEREFORE, it is prayed that, after due notice and hearing abd the giving of a bond in the sum
fixed by this Honorable Court, letters of administration of the estate of the deceased Fernando Poe, Jr. be
issued to petitioner Susan Roces.
MARIA LOPEZ
Attorney for Petitioner
LOPEZ & ASSOCIATES LAW OFFICES
nd
2 Floor, RCBC Plaza, Ayala Avenue, Makati City
Roll No. 123456
P.T.R. No. 1234567 / Manila / January 10, 2008
IBP No. 123456/ Manila / January 20, 2008
MCLE Compliance No. 123456
VERIFICATION + jurat
CERTIFICATION OF NON-FORUM SHOPPING + jurat
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
47
PETITION FOR HABEAS CORPUS
In the Matter of the Petition for Habeas Corpus of Sp. Proc. No.: 08-025
JUAN DELA CRUZ,
COMES NOW, petitioner by the undersigned attorney, and to this Honorable Court, respectfully
alleges:
1. That petitioner is of legal age, Filipino, single and residing at 33 Arlegui Street, Manila;
2. That petitioner is the sister of JUAN DELA CRUZ, who was arrested by SPO1 Joseph Santos
on December 30, 2007 for alleged participation in a Robbery with Homicide case;
3. That said Juan dela Cruz was arrested at 11:45 pm at our residence at 33 Arlegui Street,
Manila and taken to Police Sub-station 22, Sto. Nino Street, Manila and has been detained
since December 30, 2007 up to the present;
4. That the herein petitioner has learned from reliable sources that Juan dela Cruz is being
unlawfully detained and restrained of his liberty by SPO1 Joseph Santos;
5. That the confinement of said Juan dela Cruz under the circumstance stated is utterly without
legal authority.
WHEREFORE, it is respectfully prayed that a Writ of Habeas Corpus be issued by this Honorable
Court, directed to SPO1 Joseph Santos, commanding the latter to have the body of Juan dela Cruz
before this court at the time and place therein specified, and to summon said SPO1 Joseph Santos then
and there to appear and to show cause of the detention of said Juan dela Cruz; and that after due
proceedings, the said Juan dela Cruz be restored to his liberty and forthwith discharged from
confinement.
Petitioner further prays for such other relief as this Honorable Court may deem just and equitable
under the premises.
MARIA LOPEZ
Attorney for Defendant
LOPEZ & ASSOCIATES LAW OFFICES
nd
2 Floor, RCBC Plaza, Ayala Avenue, Makati City
Roll No. 123456
P.T.R. No. 1234567 / Manila / January 10, 2008
IBP No. 123456/ Manila / January 20, 2008
MCLE Compliance No. 123456
VERIFICATION + jurat
CERTIFICATE OF NON-FORUM SHOPPING +jurat
47
Rule 102 Habeas Corpus. The writ of habeas corpus shall extend to all cases of illegal confinement or detention by which any
person is deprived of his liberty or by which the rightful custody of any person is withheld from the person entitled thereto.
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
48
CRIMINAL COMPLAINT (for Acts of Lasciviousness)
PEDRO CRUZ,
Accused.
x-----------------------------------x
COMPLAINT
The undersigned, JUANA SANTOS, accuses PEDRO CRUZ of the crime of an ACT OF
LASCIVIOUSNESS, committed as follows, to wit:
That on or about January 20, 2007, in the City of Manila, 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, against her will, and by means of force.
st
Manila, Philippines, this 1 day of February, 2007.
JUANA SANTOS
Offended Party
st
SUBSCRIBED AND SWORN to before me, this 1 day of February, 2007 in the City of Manila,
Philippines, affiant exhibiting before me her Community Tax Certificate No. 14344, issued at Manila,
Philippines on February 1, 2007.
ANA LOPEZ
City Prosecutor
WITNESSES:
48
Rule 110 Prosecution of Offenses
Section 2. The complaint or information – the complaint of information shall be in writing, in the name of the People of the
Philippines and against all persons who appear to be responsible for the offense involved.
Section 3. Complaint defined – a complaint is 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.
Section 5. Who must prosecute – The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by
the offended spouse…The offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted except upon a
complaint filed by the offended party or her parents, grandparents or guardian…If the offended party dies or becomes insane before
she can filed the complaint, and she has no known parents, grandparents or guardian, the State shall initiate the criminal action in
her behalf…No criminal action for defamation which consists in the imputation of any of the offenses mentioned above shall be
brought except at the instance of and upon complaint filed by the offended party.
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
PEDRO CRUZ,
Accused.
x-----------------------------------x
49
INFORMATION
The undersigned, provincial fiscal, upon sworn complaint originally filed by the offended party,
accuses PEDRO CRUZ of the crime of Acts of Lasciviousness, committed as follows:
That on or about January 20, 2007, in the City of Manila, 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, against her will, and by means of force.
Contrary to law.
st
Manila, Philippines, this 1 day of February, 2007.
WITNESSES
CERTIFICATION
49
Rule 110, Section 4. Information defined. – An information is an accusation in writing charging a person with an offense,
subscribed by the prosecutor and filed with the court.
Section 6. Sufficiency of complaint or information. – A complaint or information is sufficient if it states:
a. the name of the accused
b. the designation of the offense given by the statute
c. the acts or omissions complained of as constituting the offense
d. the name of the offended party
e. the approximate date of the commission of the offense, and
f. the place where the offense was committed.
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
50
CERTIFICATION
CERTIFICATION
This is to certify that a preliminary investigation has been conducted in accordance with law; that the
complainant and her witnesses have been examined and that on the basis of the sworn statements
and other evidence submitted, there is reasonable ground to believe that the crime has been
committed and the accused are probably guilty thereof, that the accused were informed of the
complaint and the evidence submitted against them, and that they were given an opportunity to
submit contrary evidence.
ANA LOPEZ
Assistant City Prosecutor
JURAT
50
All informations for offenses filed by the city or provincial prosecutors must contain a certification under oath by the investigating
fiscal that before filing the case he had previously conducted a preliminary investigation wherein the accused was given a chance to
appear. In addition, the approval by the City or Provincial Prosecutor is also required by law before any information may be filed by
an assistant fiscal.
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
51
PETITION FOR BAIL
PEDRO CRUZ,
Accused.
x-----------------------------------x
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 Camp Bagong Diwa;
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 bailed at the court’s discretion.
51
RULE 114 BAIL
Section 4. Bail, a matter of right; exception. — All persons in custody shall be admitted to bail as a matter of right, with sufficient
sureties, or released on recognize as prescribed by law or this Rule (a) before or after conviction by the Metropolitan Trial Court,
Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial
Court of an offense not punishable by death, reclusion perpetua, or life imprisonment. (4a)
Section 5. Bail, when discretionary. — Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion
perpetua, or life imprisonment, admission to bail is discretionary. The application for bail may be filed and acted upon by the trial
court despite the filing of a notice of appeal, provided it has not transmitted the original record to the appellate court. However, if the
decision of the trial court convicting the accused changed the nature of the offense from non-bailable to bailable, the application for
bail can only be filed with and resolved by the appellate court.
Should the court grant the application, the accused may be allowed to continue on provisional liberty during the pendency of the
appeal under the same bail subject to the consent of the bondsman.
If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused shall be denied bail, or his bail shall be
cancelled upon a showing by the prosecution, with notice to the accused, of the following or other similar circumstances:
(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated by the
circumstance of reiteration;
(b) That he has previously escaped from legal confinement, evaded sentence, or violated the conditions of his bail without
valid justification;
(c) That he committed the offense while under probation, parole, or conditional pardon;
(d) That the circumstances of his case indicate the probability of flight if released on bail; or
(e) That there is undue risk that he may commit another crime during the pendency of the appeal.
The appellate court may, motu proprio or on motion of any party, review the resolution of the Regional Trial Court after notice to the
adverse party in either case. (5a)
Section 7. Capital offense of an offense punishable by reclusion perpetua or life imprisonment, not bailable. — No person charged
with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when evidence
of guilt is strong, regardless of the stage of the criminal prosecution. (7a)
Section 8. Burden of proof in bail application. — At the hearing of an application for bail filed by a person who is in custody for the
commission of an offense punishable by death, reclusion perpetua, or life imprisonment, the prosecution has the burden of showing
that evidence of guilt is strong. The evidence presented during the bail hearing shall be considered automatically reproduced at the
trial, but upon motion of either party, the court may recall any witness for additional examination unless the latter is dead, outside the
Philippines, or otherwise unable to testify. (8a)
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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I n s t i t u t e o f L a w
C e n t r a l B a r O p e r a t i o n s 2 0 0 6
U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
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.
MARIA LOPEZ
Attorney for Accused
nd
2 Floor, Valero Towers, 122 Valero Street, Makati City
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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C e n t r a l B a r O p e r a t i o n s 2 0 0 6
U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
52
MOTION TO QUASH
PEDRO CRUZ,
Accused.
x-----------------------------------x
MOTION TO QUASH
COMES NOW, the accused in the above titled case by the undersigned attorney respectfully
moves to quash the information filed against him on the following grounds:
1. That the officer who filed the information had no authority to do so, and
2. That the criminal action or liability had been extinguished.
ARGUMENTS
(state the grounds in support of the motion to quash; grounds must be those stated in the ROC)
PRAYER
WHEREFORE, in view of the foregoing, it is respectfully prayed that the above-entitled
information be quashed and accused by discharged.
MARIA LOPEZ
Attorney for Accused
nd
2 Floor, Valero Towers, 122 Valero Street, Makati City
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
52
RULE 117 MOTION TO QUASH.
Section 1. Time to move to quash. — At any time before entering his plea, the accused may move to quash the complaint or
information. (1)
Section 2. Form and contents. — The motion to quash shall be in writing, signed by the accused or his counsel and shall distinctly
specify its factual and legal grounds. The court shall consider no ground other than those stated in the motion, except lack of
jurisdiction over the offense charged. (2a)
Section 3. Grounds. — The accused may move to quash the complaint or information on any of the following grounds:
(a) That the facts charged do not constitute an offense;
(b) That the court trying the case has no jurisdiction over the offense charged;
(c) That the court trying the case has no jurisdiction over the person of the accused;
(d) That the officer who filed the information had no authority to do so;
(e) That it does not conform substantially to the prescribed form;
(f) That more than one offense is charged except when a single punishment for various offenses is prescribed by law;
(g) That the criminal action or liability has been extinguished;
(h) That it contains averments which, if true, would constitute a legal excuse or justification; and
(i) That the accused has been previously convicted or acquitted of the offense charged, or the case against him
was dismissed or otherwise terminated without his express consent. (3a)
Section 9. Failure to move to quash or to allege any ground therefor. — The failure of the accused to assert any ground of a motion
to quash before he pleads to the complaint or information, either because he did not file a motion to quash or failed to allege the
same in said motion, shall be deemed a waiver of any objections based on the grounds provided for in paragraphs (a), (b), (g), and
(i) of section 3 of this Rule. (8)
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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C e n t r a l B a r O p e r a t i o n s 2 0 0 6
U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
DEMURRER TO EVIDENCE53
PEDRO CRUZ,
Accused.
x-----------------------------------x
DEMURRER TO EVIDENCE
Accused PEDRO CRUZ, by the undersigned counsel and pursuant to leave granted by this
Honorable Court in its order dated 20 May 2007, respectfully submits this motion to dismiss by way of
demurrer to evidence and alleges that:
INDICTMENT
(state the crime for which the accused is charged and its elements)
ARGUMENTS
(state the grounds why the case should be dismissed; insufficiency of evidence should be among those
enumerated, state why the same are insufficient)
PRAYER
MARIA LOPEZ
Attorney for Accused
nd
2 Floor, Valero Towers, 122 Valero Street, Makati City
PROOF OF SERVICE
EXPLANATION
53
Rule 119 Trial. Section 23. Demurrer to evidence. — After the prosecution rests its case, the court may dismiss the action on
the ground of insufficiency of evidence (1) on its own initiative after giving the prosecution the opportunity to be heard or (2) upon
demurrer to evidence filed by the accused with or without leave of court.
If the court denies the demurrer to evidence filed with leave of court, the accused may adduce evidence in his defense. When the
demurrer to evidence is filed without leave of court, the accused waives the right to present evidence and submits the case for
judgment on the basis of the evidence for the prosecution. (15a)
The motion for leave of court to file demurrer to evidence shall specifically state its grounds and shall be filed within a non-extendible
period of five (5) days after the prosecution rests its case. The prosecution may oppose the motion within a non-extendible period of
five (5) days from its receipt.
If leave of court is granted, the accused shall file the demurrer to evidence within a non-extendible period of ten (10) days from
notice. The prosecution may oppose the demurrer to evidence within a similar period from its receipt.
The order denying the motion for leave of court to file demurrer to evidence or the demurrer itself shall not be reviewable by appeal
or by certiorari before judgment. (n)
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL FORMS–HEAD: Vangie Co.
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I n s t i t u t e o f L a w
C e n t r a l B a r O p e r a t i o n s 2 0 0 6
U N I T E D P U R S U I T O F E X C E L L E N C E
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;
ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
B A R N O T E S I N L E G A L F O R M S
NOTES:
LEGAL FORMS
LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres
LEGAL ETHICS & PRACTICAL EXERCISES–HEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;
LEGAL ETHICS - HEAD: Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co.
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