Legal Forms 131 181

FORM NO. 131.
EX PARTE MOTION TO ORDER THE PUBLIC PROSECUTOR TO

INVESTIGATE
Republic of the Philippines
____________ Judicial Region
________________ TRIAL COURT
Branch _____, _____________, _____________
______________________,
Petitioner,
-versus- Civil Case No ____________________
______________________, FOR:
____________________________
Respondent.
x - - - - - - - - - - - - - - - - - - - - - - - - -x
EX PARTE MOTION TO ORDER THE PUBLIC PROSECUTOR TO

INVESTIGATE
PETITIONER, though counsel, respectfully move that the Public Prosecutor be
now ordered to conduct the required investigation to determine whether or not there
exists a collusion between the parties, considering that the respondent has not filed an
answer despite her receipt of the summons on _____________.
(Explanation of Service)
(Place, date & signature)
(Notice of hearing)
FORM NO. 132 – MOTION TO SERVE SUMMONS BY PUBLICATION

Regional Trial Court of Roxas City
Branch 69
ADAM D. DELA CRUZ,

Petitioner
-versus-
EVE A. FONDA,
Respondent
Petitioner, through counsel, most respectfully states:
1. That respondent, American citizen, does not reside and is not found in the
Philippines. Her last known address is Covid Street, New York, USA;
2. That considering that the instant action is one that affects the personal
status of the petitioner, service of summons to the respondent may be effected by
publication in a newspaper of general publication in the Philippines, in such manner as
the court may direct, pursuant to Section 15, Rule 14 of the Revised Rules of Court.
3. That petitioner is able and willing to shoulder the costs of the publication.
WHEREFORE, it is most respectfully prayed that the service of summons to the

respondent be served by publication.
IN WITNESS WHEREOF, I hereunto set my hand on this 14 th day of May, 2020

at the City of Roxas.
(Notice of Hearing)
FORM NO. 133. MOTION TO DISMISS
Regional Trial Court
Province of Capiz
City of Roxas, Branch 19
Juan De la Cruz,
Plaintiff,
Vs.
CIVIL CASE NO. __
John Doe,
Defendant.
X-------------------------------------x
COMES NOW complainant, assisted by counsel, and to this Honorable Commission

respectfully moves that the above-entitled case be dismissed on the ground that her
claim against the respondents has been fully paid and settled to her full and complete
satisfaction, as shown and evidenced by her release and quitclaim, xerox copy of which
is herewith attached and marked as Annex “A” and made integral part hereof.
WHEREFORE, it is most respectfully to this Honorable Commission that the above-

entitled case be dismissed.
(Date, place and signature)

FORM NO. 134. MOTION TO WITHDRAW
(Caption)
(Title of the Case)
COMES NOW the undersigned counsel for petitioner and to this Honorable Court
respectfully moves to withdraw as counsel in the above-entitled case on the following
ground:
(State the Reason)
WHEREFORE, it is most respectfully prayed the appearance of the undersigned

counsel be considered withdrawn for all interest and purposes.
(Explanation)
(Place, date and signature)
(Notice and earing
FORM NO. 135. MOTION FOR EXTENSION TO FILE (POSITION PAPER)
(Caption)
(Title of the Case)
1. That the position paper of the respondents is due for submission on May 5, 2020;
2. That due to heavy volume of work and the need for the undersigned counsel to
study the case, the former handling former counsel having just taken a leave from the
law office, the undersigned counsel is constrained to pray for an additional period of ten
(10) days from May 5, 2020 or until May 15, 2020, within which to file respondents’
position paper;
3. That this motion is not interposed for delay but solely due to the afore-cited
reasons.
WHEREFORE, it is most respectfully prayed of this Honourable Commission that
respondents be given an additional period of ten (10) days, or until May 15, 2020, within
which to file their position paper.
(Notice of Hearing)
FORM NO. 136. SUMMONS
National Capital Judicial Region
Branch ______, ________ City
____________,
Plaintiff,
-versus- Civil Case No. 8439
____________,
Respondent.
x-------------------------------------------------x
S U M M O NS
To: ______________ 1234 Champaca Street, Roxas City, Capiz
GREETINGS:
You are hereby summoned and required to enter your appearance in the above-
entitled case within fifteen (15) days after the service of this Summons upon you,
exclusive of the day of such service, and answer the complaint of the plaintiff/s which is
hereto attached and herewith served upon you within the time fixed by the Revised
Rules of Court. If you fail to do so, judgement by default will be taken against you for the
relief prayed for in the complaint.
WITNESS THE HON.______________, Judge of this Court, this 2 nd day of April, 2019.
_________________
Clerk of Court
FORM NO. 137 SUBPOENA (METROPOLITAN TRIAL COURT)

Metropolitan Trial Court
City of Paranaque, Branch IV
PEOPLE OF THE PHILIPPINES,
Appellant,
-versus-
Crimi
nal Case No. 1234
Amado Batongbakal,
Accused.
x--------------------------------------------x
SUBPOENA
TO: Amado Batongbakal – 789 Sta. Cruz, Dumalag, Capiz
GREETINGS:
You are hereby commanded to be and appear before the Sala of the
Metropolitan Trial Court, Branch IV, Paranaque City, sitting at the 3 rd Floor, 987 Marcos
Alvares Road, Paranaque City Hall, Paranaque City on the 29th day of May, 2020 at
8:30 in the morning, then and there to testify in the above entitled case pending before
this Court.
FAIL NOT UNDER PENALTY OF LAW.
WITNESS, the Hon. Felizardo Demayuga, Presiding Judge of this Court, this 5th
day of May, 2020.
E
den Dela Cruz
Clerk of Court
FORM NO. 138 – SUBPOENA (OFFICE OF THE CITY PROSECUTOR)

Department of Justice
OFFICE OF THE CITY PROSECUTOR
City of Roxas
Severino Camero
Complainant
-versus-
Akihiro Leonel Juarez

Respondent
x---------------------------------------x
SUBPOENA
To: AKIHIRO LEONEL JUAREZ

Chung Kwai La Subdivision
Barangay Lawaan, Roxas City, Capiz
Pursuant to Section 3(b), Rule 112 of the Revised Rules of Criminal Procedure,
you are hereby required to submit your COUNTER-AFFIVDAVIT and affidavit of your
witnesses, if any, to be subscribed and sworn to before the undersigned, any prosecutor
or government authorized to administer oath, who must certify that he has personally
examined the affiants and the he is satisfied that the affiants voluntarily executed or
understood their affidavits, and appear personally and/or thru counsel for preliminary
investigation before the undersigned at the Office of the City Prosecutor at the 2 nd Floor,
Roxas City Hall, City of Roxas on the 20 th and 25th of March, 2019 at 2:30 p.m., and
then and there testify under oath.
FAIL NOT UNDER PENALTY OF LAW.
WITNESS MY HAND AND SEAL this 1st day FEBRUARY, 2019.
ATTY. KALIX JACE MARTINEZ

City Prosecutor
FORM NO. 139. VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
I, MA. JOANA BOLIDO POSADAS, of legal age, single, and residing at Graceville
Subdivision, Barangay Tiza, Roxas City, after having been duly sworn in accordance
with law, hereby depose and state:
1. That I am the plaintiff in the above-stated case;
2. That I have caused the preparation of the foregoing complaint;
3. That I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of documents
and records in my possession;
4. That I have not commenced any other actions or proceeding involving the same
issues in the supreme court, the Court of Appeals, or any other tribunal or
agency; that of my own knowledge, no such action is pending in any court,
tribunal or agency; that should I hereafter learn of any such pending action, I
undertake to inform this Honorable Office of such fact within five (5) days
therefrom.
IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of May
2020, in City of Roxas, Philippines.
MA. JOANA BOLIDO POSADAS

Affiant
SUBSCRIBED AND SWORN to before me this 14th day of May 2020 in the City
of Roxas Philippines, after exhibiting to me his Passport with ID No. 123456 issued
on February 14, 2018 at DFA, Iloilo City.
ATTY. JUAN B. DELA CRUZ

Notary Public
FORM NO. 140. AFFIDAVIT OF MERIT
AFFIDAVIT OF MERIT
I, EDEN O. DELA CRUZ, Filipino, of legal age, married, and a resident of Brgy.
Cogon, Roxas City, Capiz, after having been duly sworn to in accordance to law, do
hereby depose and state:
1. That I am the defendant in Civil Case No. V-123, entitled MAMA MIA vs.
EDEN O. DELA CRUZ, now pending before MTCC Branch 2, Roxas City;
2. That the Summons in the above-entitled case was not actually personally
served upon me, for the reason that it was left by the Court Sheriff to my
neighbor on April 2, 2020, who, after receipt of the same forgot all about it,
and left for Manila where he was working;
3. That not being a lawyer, and not familiar with legal procedures, not being able
to personally receive such Summons, I though all the while that I am not duty
bound to file the needed Answer to the Complaint filed against me;
4. That my failure and inability to file an Answer of time is attributed to the

following reasons:
a. That it was only yesterday, May 14, 2020 that the wife of my said
neighbor informed me that a Summons was left by the Court Sheriff to
her husband last April 2, 2020 yet, and he forgot to inform his wife to
give it to me;
b. That since I did not personally receive the Summons issued to me

requiring me to file my Answer, I honestly believe that a second
Summons will be issued to me;
5. That I was in good faith and respectfully seek the kind consideration,
compassion, and understanding of this Honorable Court regarding my
predicament and failure to file my Answer on time, in which I give my
assurance that I have no intention whatsoever to disregard the orders of the
Honorable Court;
6. That I have a valid and meritorious defenses as shown by the allegations in

the hereto attached Answer;
7. That a grave miscarriage of justice will result if I will not be given an

opportunity to file an Answer to the instant Petition;
8. That with the kind indulgence, compassion and understanding of this
Honorable Court, I courteously pray that the Attached Answer be admitted;
9. That I am executing this Affidavit of Merit in support of my Urgent Motion for

Leave to Admit Answer with Compulsory Counterclaim.
IN WITNESS WHEREOF, I hereunto affix my signature this 15 th day of May

2020 in Roxas City, Philippines.
EDEN O. DELA CRUZ

Affiant
SUBSCRIBED AND SWORN to before me this 15 th day of May 2020 in the

City of Roxas, Affiant exhibiting to me her UMID ID No. 456789.
MIA MAMA
Asst. City Prosecutor
Hall of Justice
Roxas City, Capiz
FORM NO. 141. PROOF OF SERVICE (THROUGH PERSONAL SERVICE)
Republic of the Philippines )

City of Manila ) S.S.
x-----------------------------x
AFFIDAVIT OF SERVICE
I, Coco Martin, plaintiff in Civil Case No. 123456, after being duly sworn, depose
and state:
That on May 8, 2020, at Garcia and Garcia Law Office, 15 Soler Street, Quiapo,
Manila, I, by counsel, personally served a copy of the Motion to Declare Defendant in
Default to the defendant’s counsel in accordance with Sec. 6, Rule 13 of the Rules of
Court.
In witness whereof, I have hereunto set my hand this 9th day of May, 2020, in the
City of Manila.
Coco Martin
Affiant
SUBSCRIBED and sworn to before me, in the City of Manila, this 9th day of May,
2020 by Coco Martin with Residence Certificate No. 1234567 issued at the City of
Manila on May 4, 2020.
NOTARY PUBLIC
Doc. No. __
Page No. __
Book No. __
Series of 2020
FORM NO. 142 AFFIDAVIT OF PROOF OF SERVICE (THROUGH REGISTERED
MAIL)
AFFIDAVIT OF PROOF OF SERVICE
I, MARIA REYES, Filipino, of legal age, and with office address at Magallanes
Street Roxas City, after being duly sworn, do hereby depose and say:
1. That I am a secretary in the law firm of ABC Law Offices and the one who
served on May 14, 2020, by registered mail, to public respondent, private
respondent’s counsel, and the Office of the City Prosecutor of Iloilo City, a
copy of the Petition in C.A. – G.R. SP No. 99876 entitled “V” vs. A”;
2. That I served copy of the said Petition by registered mail to:
Name Address
Juana Lopez Lawaan Roxas City, Capiz

Cecilia Monoban Bolo Roxas City, Capiz
by depositing the copies in the post office in sealed envelope, plainly addressed
to the said addressees, with postage fully paid, and with instructions to the
postmaster to return the mails to the sender after 10 days, if undelivered, as
evidenced by Registry Receipt Nos. 123, 456 and 789 attached to page 15 of the
Petition.
IN WITNESS WHEREOF, I have hereunto set my hand this 15 th day of May,

2020 in Roxas City, Capiz.
MARIA REYES
Affiant
SUBSCRIBED AND SWORN to before me this 15th day of May, 2020, affiant
exhibiting to me his Passport ID No. EC3456 issued on 7 th day of December, 2018 at
Iloilo City.
WITNESS MY HAND AND NOTARIAL SEAL on the day, year and place first
above-written.
Doc No. 1; NOTARY PUBLIC

Page No. 2; Commission Serial No. 1
Book No. 3; Until Dec. 31, 2020
Series of 2020. Roll of Attorney No. 2
PTR No. 3
IBP NO. 4
FORM NO. 143. INTERPLEADER
REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Manila, Branch ______
X, Inc.
Plaintiff,
- versus - Civil Case No. ____________________

For Interpleader
Y and Z
Defendants.
x---------------------------x
COMPLAINT
PLAINTIFF, by counsel and to this Honorable Court, respectfully alleges:
1) Plaintiff is a corporation duly organized and existing under the laws of the
Philippines, with principal office at Suite 501 and 502, Metropolitan Tower, 1746 Mabini
Street, Malate, Manila; it is represented herein by its president, X. Defendants Y and Z
are both of legal age and with residences at Forbes Park, Makati City, Metro Manila,
Philippines and Unit 1, The Fort Residences, Bonifacio Global City, Metro Manila,
Philippines, respectively, where they may be served with summons and other legal
processes.
2) On 25 August 2017, Y subscribed to 5,000 shares of stock of plaintiff, with par

value of P1,000.00 per share, and accordingly, he was issued a certificate of stock No.
099, which, upon his request, was in blank, he explaining that a blank certificate would
be easy to negotiate and transfer.
3) On or about 3 September 2017, a certain Z called on plaintiff ’s corporate

secretary, presenting and leaving to the corporate secretary Stock Certificate No. 099 in
which his name was already written therein and which he claimed was endorsed to him
by Y, and asking that said certificate of stock be cancelled and a new certificate issued
to him. But before the corporate secretary could effect the transfer, Y submitted an
affidavit claiming that his Stock Certificate No. 099 was lost and asking that the same be
cancelled and a new replacement be issued to him.
4) Plaintiff, who claims no interest whatsoever in the subject matter of this action,
cannot determine the veracity of the conflicting claims of the defendants;
5) Confronted with the conflicting claims of ownership of said shares of stock,

plaintiff held in abeyance action of their respective claims and demanded of defendants
Y and Z to interplead and litigate their respective claims, but they refused and continue
to so refuse.
6) Plaintiff was thus constrained to file the instant complaint in interpleader and to
incur expenses of litigation, including attorney’s fees, in the amount of P600,000, which
should be assessed equally between the defendants.
PRAYER
WHEREFORE, it is respectfully prayed for of this Honorable Court:
a) To issue an order summoning the defendants to interplead with one

another in order to determine their respective rights and claims; and
b) To allow plaintiff to recover his expenses of litigation and attorney’s fees

in the amount of P600,000, plus costs and other fees, to be assessed against
them equally, to be charged as first lien upon the subject matter of this action.
Other reliefs just and equitable are likewise prayed for.
Quezon City, September 6, 2017
Counsel for Plaintiff

89 P. Florentino St.,
Sta. Mesa Heights, Quezon City
Roll of Attorney 46614
IBP 43869; 1-05-09; QC
PTR 66465; 1-05-09; QC
MCLE Compliance
VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING
REPUBLIC OF THE PHILIPPINES )

CITY OF ____________________ ) S.S.
I, X, of legal age, Filipino and holding office at Suite 501 and 502, Metropolitan
Tower, 1746 Mabini Street, Malate, Manila, declares under oath that:
1. I am corporate president of plaintiff in the above entitled case; I caused the
preparation of the foregoing petition;
2. The facts stated in the above complaint are true and correct to the best of my
knowledge and authentic records;
3. I have not commenced any action or filed any claim involving the same issues
in any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such
other action or claim is pending in them; and
4. If I should learn that the same or similar action or claim has been filed or is
pending after its filing, I shall report that fact within five (5) days from notice to the court
or where the complaint or initiatory pleading has been filed.
Quezon City, September 6, 2017
(Sgd.) X
SUBSCRIBED and sworn to before me, this ____________________ day of

________________, in the City of _______________________ by ____________
_____________________________ with Passport No. ______________________,
issued on ___________________ at _____________________.
NOTARY PUBLIC
Doc. No. _______; Commission Serial No. _______
Page No. _______; Until December 31, __________
Book No. _______; Roll of Attorney _____________
Series of _______. IBP No. _______/Date/Place of Issue
PTR No. _______/Date/Place of Issue
FORM NO. 144. IN THE MATTER OF THE PETITION FOR DECLARATORY RELIEF
REGARDING CIVIL STATUS

ROXAS CITY
MOCHA OZONE
Plaintiff,
Civil Case No. 87000

-versus- For: Petition for Declaratory Relief
FREDDIE LIVERY
Respondent.
x----------------------------------------------------x
PETITION FOR DECLARATORY RELIEF REGARDING CIVIL STATUS
COMES NOW, the Petitioner, through the undersigned counsel in the above
entitled case and to this Honorable Court, respectfully avers:
1. That both the Plaintiff and Defendant are of age, and residents of Brgy. Tiza,
Roxas City and Burgos Street, Roxas, respectively.
2. That, on December 14, 2017, herein petitioner, who was then the legally wedded
wife of herein respondent filed a complaint for annulment of marriage against the
respondent, in the Regional Trial Court of the RTC of Roxas;
3. That on December 20, 2017, herein Respondent (Defendant to the annulment
case)filed his answer to the aforementioned Complaint for Annulment;
4. That, after the case was duly heard and the necessary material evidence
presented, the RTC of Roxas rendered its Decision on May 12, 2017, granting
the Petition for Annulment of the said marriage, annulled and cancelled in the
records of marriage in the Local Civil Registrar;
5. That on May 13, 2017, both petitioner and respondent, as plaintiff and defendant
in the petition for annulment of marriage case were served with copies of said
decision.
6. That no appeal was taken from said decision until now.
7. That the records of the petition for annulment as well as the decision thereon
were burned and destroy during the fire that burned the portion of the City Hall of
Roxas where the records of the said case were kept and stored;
8. That since then until the present time, no action had been taken by respondent
either to reconstitute the destroyed records of the said case, or to perfect his
appeal from the judgment rendered therein;
9. That petitioner has, at present, serious intentions of getting married, but
respondent upon knowledge of this, has stated on several occasions that he
would file a criminal action for bigamy, should petitioner marry again.
WHEREFORE, Petitioner prays for judgment declaring the Decision of the RTC
of Roxas, which was rendered on May 12, 2017, in Annulment of Marriage with Civil
Case No. 87000 as final and unappealable, and declaring the bonds of matrimony
between petitioner and respondent as already dissolved, thereby making it legal for
petitioner to marry again.
City of Roxas, Capiz, May 16, 2020.
ATTY. ALLAN PETER KUYA THANOS

Counsel for the Plaintiff
Brgy. Lawaan, Roxas City
Roll of Atty. No. 12345
PTR No. 10244/Issued Jan. 03, 2009
IBP No. 10546/Issued Aug. 15, 2008

I, MOCHA OZONE, of legal age and with residence at Hemingway Street, Roxas
City, after having been duly sworn, depose and say:
1. That I am the Plaintiff in the above entitled complaint;

2. That I have caused the preparation by my counsel of said complaint;
3. That I have read the allegations therein contained, and that the same are true
and correct of my personal knowledge or based on authentic records.
4. That I have not theretofore commenced any action or filed any claim involving the
same issues in any court, tribunal or any quasi-judicial agency and, to the best of
my knowledge, no such other action or claim is pending therein; and if I should
thereafter learn that the same or similar action or claim has been filed or is
pending to the court wherein the aforesaid complaint or initiatory pleading has
been filed.
Witness my hand this 15th day of May at City of Roxas, Capiz.
MOCHA OZONE
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public in and for the
City of Roxas and the Province of Capiz this 16th day of May. Affiant personally came
and appeared with Driver’s License ID No. 14344 issued by the Land Transportation
Office and valid until March 20, 2022, at Roxas City, bearing his photograph and
signature, known to me as the same person who personally signed the foregoing
instrument before me and avowed under penalty of law to the whole truth of the
contents of said instrument.
ATTY. ALLAN PETER KUYA THANOS

Notary Public-Roxas City
FORM NO. 145. PETITION FOR CERTIORARI
(Court)
A,
Petitioner,
-versus- Civil Case No.:______________
X and Y, Municipal Judge of

the Municipality of C.,
Respondent,
x---------------------------------x
PETITION
PETITIONER, through counsel, most respectfully states:
1. (Averment of Names and Residences).
2. That, on November ____, respondent C, D, filed a complaint in the Municipal

Court of C., Province of Q., against above petitioner, for the recoverry of an alleged
indebtedness in the amount of P_________, copy of which complaint is attached to this
petition as Annex “A”;
3. That respondent Y, Municipal Judge of the Municipality of C., gave due course
to said complaint, and summoned the above petitioner (defendant in that case) to
answer the complaint and to enter trial on November __________;
4. That on November ______, the herein petioner filed a Motion to Dismiss the
complaintin the aforementioned case, on the ground that the sais indebtedness has
already been paid;
5. That, during the hearing of the aforementioned Motion to Dismiss, respondent

judge asked the herein petitioner whether or not he has already paid the said
indebtedness, to which question the petitioner, not being a lawyer, answered that he
has already paid but he has no evidence in his possession to prove his payment;
6. That respondent judge thereupon denied the petitioner’s motion to dismiss, and
reset the trial of the case for _________________; petitioner has no evidence to prove
his payment;
7. That two months after the issuance of said order, petitioner found the missing
receipt, and thereafter, filed another motion to reconsider the order of denial, but the
respondent judge denied the motion;
8. That there is no appeal, nor any plain, speedy, and adequate remedy in the
ordinary course of law from the afforementioned order of respondent judge, except this
petition for certiorari.
WHEREFORE, petitioner prays that respondent be ordered to answer this

petition, and, after hearing, that the order of respondent judge denying petitioner’s
motion to dismiss be annulled, and that said respondent judge be declared to be without
jurisdiction to try the case,
Subject matter of this petition, ordering him, therefore, to dismiss the same, with cost.
VERIFICATION
I, _____________of legal age, married, residing at _______________________, after

being sworn in accordance with law depose and say
1. That I am the petioner in the foregoing petition and the authorized

representative of ____________, my co-petitioner in the instant case;
2. That I have read the contents of the said foregoing petition and I fully
understood the same;
3. And that all the allegations contained therein are true and correct of my own
knowledge and based on authentic documents;
4. That I have not heretofore commenced any other action or filed any claim
involving the same issues in any court, tribunal or agency; that to the best of
my knowledge, there is no same or similar action or proceeding pending
therein; and if I should hereafter learn of any such pending similar action or
claim, I hereby undertake to inform this Honorable Court of such fact within
five (5) days therefrom.
IN WITNESS WHEREOF, I have hereunto set my hand this ______ day of
____________in ______________________.
_______________
(Plaintiff)
_______________
_______________
FORM NO.146. PROHIBITION
A,
Petitioner,
-versus- Case No. 1244-45
X, Municipal Trial Court Judge of the
Municipality of X,
Respondent,
x-----------------------------------x
PETITION
PETITIONER, through counsel, alleges:
1. That petitioner is a resident of__________, respondent X is the Municipal Trial
Court Judge of the Municipality of X, Province of P; while other respondent E. F
is a resident of_______.
2. That, on ______, respondent F., filed a complaint for Forcible Entry and Detainer
against petitioner, in the Municipal Trial Court of the Municipality of X., and
docketed in said court as Civil Case No. 1244-45.
3. That the subject matter of the aforementioned complaint is a certain parcel of
land which is situated in the Municipality of Y., and which is more particularly
described as follows:
(Description of parcel of land)

4. That there is a duly constituted and functioning Municipal Court for and in the
Municipality of Y.
5. That respondent C.D., as Municipal Judge of the Municipality of X., allowed said
complaint to be filed in his court, and forthwith issued, and ordered to be served,
the corresponding summons to petitioner.
6. That petitioner, immediately after service of the summons upon him filed a
motion to dismiss the complaint on the ground that respondent judge had no
jurisdiction to try the same, which motion was heard and argued on 10 august
2010.
7. That, on 12 August 2010, respondent judge issued an order denying the
aforementioned motion to dismiss, and ordering the petitioner to answer the
complaint and to enter trial on 16 August 2010, at 9:00 a.m.
8. That the above-mentioned case for Forcible Entry and Detained is outside the
jurisdiction of respondent judge, and the order requiring the petitioner to answer
the complaint and enter trial is done without and/or in excess of the jurisdiction of
the Municipal Court of X.
9. That petitioner has no other plain, speedy and adequate remedy in the ordinary
course of law.
WHEREFORE, petitioner prays that respondent judge be prohibited from

enforcing the order requiring petitioner to answer the complaint and to enter trial in
Civil Case No. 1244-45 of said court, and from further proceeding in the action which
is clearly beyond its jurisdiction, and for such other remedy as may be just and
equitable in the premises.
Verification/ Certification of Non-Forum Shopping

CITY OF _________________ ) S.S.
I,_________, Filipino, of legal age residing at ______________, after being
sworn to in accordance with law, deposes and says that:
1. I am the Plaintiff in the above-entitled case;
knowledge and authentic records;
3. I have not commenced any action or filed any claim involving the same issues
in any court, tribunal or quasi-judicial agency and, to the best of my
knowledge, no such other action or claim is pending in them; and
4. If I should learn that the same or similar action or claim has been filed or is
pending after its filing, I shall report that fact within five (5) days from notice to
the court or where the complaint or initiatory pleading has been filed.
(Date and venue)
Signature of Affaint
SUBSCRIBED and sworn to before me, this __day of __________, in the City of
________
by __________ with Passport No. _____________, issued on ______at __________.
NOTARY PUBLIC
Doc. No. __
Page No. __
Book No. __
Series of __
Form No. 147. MANDAMUS

COURT OF APPEALS
BERNARD TAMON
Petitioner,
-versus-
THE HONORABLE FRANK ABNOR,

JUDGE OF THE REGIONAL TRIAL COURT
G. R. No. 156678
OF MANILA, AND ABNER REMUNDO,
Respondents,
x----------------------------------------------------x
PETITION
1. That petitioner, BERNARD TAMON, and respondent, ABNER REMUNDO, are

both of legal age, Filipinos and residing at Kalaw Street, Ermita, Metro Manila, and
Roxas Boulevard, Pasay, Manila, respectively.
2. That on October 4, 2019, your petitioner filed a civil complaint for Forcible Entry
and Detainer against respondent, Abner Remundo, in the Municipal Trial Court of
Manila, which case docketed in said court as Civil Case No. 0552.
3. That said case was duly tried in the aforementioned Municipal Court, and on
October 29,2019, a decision was rendered ordering herein respondent Abner Remundo,
to vacate the premises in question, and to pay to the petitioner or to the court, a monthly
rental of P1,000.00 until the said premises are finally vacated by respondent, a copy of
which decision is attached ton this petition as Annex “A”.
4. That respondent Abner Remundo perfected his appeal from the aforementioned
decision,and the records of said case had been duly transmitted to the Regional Trial
Court of Manila, where it is now pending appeal, and is docketed as Civil Case No.
0552.
5. That respondent Abner Remundo failed to pay, either to the petitioner or to the
court, the rentals for the months of November and December, 2019 notwithstanding the
lapse of the period allowed for said payment.
6. That on April 2020, the petitioner filed a motion for the execution of the judgment
appealed from, on the ground of the aforementioned failure of respondent Abner
Remundo to pay rentals within the reglementary period, copy of which motion is
attached to his petition as Annex “B”.
7. That, after due notice to respondent Abner Remundo, said motion was heard by
respondent Judge Frank Abnor, and in said hearing, respondent Abner Remundo
admitted not having paid the rentals aforementioned, but objected to the motion, and
presented arguments which were absolutely without legal basis.
8. That, on April 24, 2020, respondent Judge Frank Abnor, promulgated an order
denying the motion, and laying, as sole basis for said denial, the hackneyed,
indeterminate and much-abused phrase: “for lack of merit”. Copy of this order is
attached hereto as Annex “C”.
9. That, in denying said motion of the petitioner, and in neglecting and refusing to
issue forthwith and order for the execution of the decision appealed from in said case,
respondent Judge Frank Abnor, as judge of the Regional Trial Court of Manila, gravely
abused his discretion and unlawfully neglected the performance of an act which is
specially enjoined upon him as a duty by Rule 70, Section 8, Rules of Court.
10. That the petitioner has no other plain, speedy, and adequate remedy in the
ordinary course of law, against the aforementioned order, except this petition for
Mandamus.
WHEREFORE, petitioner prays that this court order the Honorable Judge Frank
Abnor, as judge of the Regional Trial Court of Manila, to immediately order the
execution of the judgment appealed from in the Civil Case No. 0552, without prejudice
to the appeal taking its course until the final disposition thereof on its merits, and that
the costs of the present mandamus proceedings be adjudged against the other
respondent Abner Remundo.
Ermita, Metro Manila, May 14, 2020
ATTY. JOHNNIE LOU B. DARIAGAN

Counsel for Petitioner
VERIFICATION
I, BERNARD TAMON, of legal age, married, residing at Kalaw Street, Ermita, Metro
Manila, after being sworn in accordance with law, depose and say:
1. That I am the petitioner in the foregoing petition;
2. That I have read the contents of the said foregoing petition and I fully understood
the same;
3. And that all the allegations contained therein are true and correct of my own
knowledge and based on authentic documents;
4. That I have not heretofore commenced any other action or filed any claim
involving the same issues in any court, tribunal or agency; that to the best of my
knowledge, there is no same or similar action or proceeding pending therein; and if I
should hereafter learn of any such pending similar action or claim, I hereby undertake to
inform this Honorable Court of such fact within five (5) days therefrom.
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of May, 2020,
in Ermita, Metro Manila.
BERNARD TAMON
(Plaintiff)
FORM NO. 148 QUO WARRANTO

6th Judicial Region
Branch 6
Roxas City, Capiz
STEPHEN T. ALQUIZA
Petitioner
-versus- CIVIL CASE NO.: 03

FOR: QUO WARRANTO
PAUL S. DELA CRUZ

Respondent,
x-------------------------------------------x
PETITION
PETITIONER, through the council, alleges:
1. That both petitioner and respondent are residents Km. 1, Brgy. X, Roxas City,
Province of Capiz;
2. That petitioner is the City Judge of the City of Roxas, province of Capiz,
having duly appointed and commissioned by the said office on December 15,
2019;
3. That on December 20, 2019, the petitioner, by virtue of said appointment and
commission, duly qualified for, assumed duties of said office;
4. That on May 10, 2020, petitioner was informed by the Secretary of Justice
that the President had revoked the appointment extended to petitioner;
5. That petitioner faithfully and interruptedly discharged the function of said
office until
April 30, 2020, when respondent usurped said office, thereby illegally
depriving petitioner of the same, under an alleged appointment by the
President;
6. That there exists no cause or reason whatsoever whereby the petitioner

should be disqualified from, or deprived of said office;
7. That respondent is now unlawfully holding and exercising said office,

performing the functions connected therewith.
WHEREFORE, petitioner prays for judgment declaring that respondent is not

entitled to said office and ousting him therefrom, and declaring petitioner as the legal
person entitled to hold and exercise the same, and restoring him to the possession
thereof.
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of May,
2020 in Roxas City.
STEPHEN T. ALQUIZA
Petitioner
VERFICATION AND CERTIFICATION

CITY OF ROXAS ) S.S.
I, Stephen T. Alquiza, Filipino, of legal age residing at Km. 1, Brgy. X,

Roxas City, after being sworn to in accordance with law, deposes and says that:
2. The facts stated in the above complaint are true and correct to the best of
my knowledge and authentic records,
3. I have not commenced any action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial agency and, to be the best of my
knowledge, no such other action or claim is pending in them; and
4. If I should learn that same or similar action or claim has been filed or is
pending after its filing, I shall report that fact within five (5) days from notice to the court
or where the complaint or initiatory pleading has been filed.
2020 in Roxas City.
STEPHEN T. ALQUIZA
Affiant
SUBSCRIBED AND SWORN to before me, this 15th day of May, in the City of
Roxas by Stephen T. Alquiza, with Passport No. 1234456 issued on January 5, 2020 at
Iloilo City.
Doc. No. _____; ATTY. RIO D. DUMALAON

Page No. _____; Notary Public for Roxas City
Book No. _____; Commission Serial No.
Seies of 2020. Until December 31, 2020
Roll of Attorney
IBP No.
PTR No.
FORM NO. 149 EMINENT DOMAIN

Branch 145
Makati City
CITY OF MAKATI
Plaintiff,
-versus-
Civil Case No.:123456
A.BEN C.TOT and D.UHOG E.TY,

Defendants,
x-----------------------------------------x
COMPLAINT
PLAINTIFF, through the undersigned counsel, most respectfully states:
1. That plaintiff is a municipal corporation created by the laws of the Philippines,

duly vested with the power to condemn and expropriate private property for
public use; and defendants A.BEN, C.TOT, D.UHOG and E.TY are respectively
residents of Dasmarinas Village and Bel Air Makati City;
2. That, for the purpose of promoting the physical, moral and spiritual well-being of
the youth in the city, the Municipal Board of Makati City passed a resolution, to
wit: Resolution No. 123456, providing for the construction of a public playground
in the burnt area of Ayala Avenue, covering RCBC Plaza and other adjacent
areas;
3. That for the purpose of the aforementioned construction and public improvement,
it is necessary for plaintiff corporation to acquire that certain parcel of the land
situated in Ayala Avenue, Makati City, Philippines, and described as follows:
“2,500 square meters vacant lot with old ruins of burnt houses situated along
corner RCBC Plaza north west Ayala Avenue, Makati City”
4. That the sole owner of said parcel of land is defendant A.Ben, C.Tot and the
other defendant is the mortgagee of said property in the amount of
P100,000,000.00;
5. That the assessed value of said property is P200,000,000.00
WHEREFORE, plaintiff prays for judgment:
1. Provisionally adjudging the value of said property in an amount equal to the

assessed value of the same;
2. After said provisional sum is deposited by plaintiff with the National Treasurer,
awarding forthwith the possession of the land to plaintiff;
3. After payment by plaintiff of the whole value adjudged by this court, ordering
the transfer to plaintiff of the title to said property, and for such further relief as
may be called for in the premises.
Makati City, May 5, 2020.
(SGD)
ATTY. MAGTANGOL PROCOPIO
Makati City Legal Counsel
Roll No. 25718
IBP Lifetime No. 00038- 1/18/93
MCLE No.: 123456
VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING
I, ATTY. MAGTANGOL PROCOPIO, legal counsel of the plaintiff in the

above-captioned case, married, of legal age, Filipino, after having been
sworn, in accordance with law, hereby depose and state that:
1. I am the legal counsel of the petitioner in the above-captioned case;
2. I have read and understood the contents hereof of this petition, and the
facts herein alleged are true and correct of my own knowledge and based
on available verifiable records;
3. I heretofore have not commenced any other action or proceeding or any

claim, or filed any claim involving the same issues raised in the above-
captioned case, in this Honorable Court, nor in any other court or tribunal
or agency and, to the best of my knowledge, no such action or claim is
pending therein;
4. I hereby undertake to notify this Honorable Court of such fact within five
(5) days from receipt of such knowledge, should I come to learn that the
same or a similar action or claim has been filed or pending in any other
court or tribunal or agency;
5. I am executing this sworn statement in compliance with Section 5, Rule 7

of the 1997 Rules of Court.
IN WITNESS WHEREOF, I have hereunto set my hand this 5ht day of

May 2020 in Makati City.
(SGD)
ATTY.MAGTANGOL PROCOPIO
Affiant
(Plaintiff Legal Counsel)
SUBSCRIBED and SWORN TO before me this 5th day of May 2020 at
Makati City, Philippines, affiant exhibiting to me his IBP ID with ID No.
00038 issued by Integrated Bar of the Philippines, as competent evidence
of his identity, and he personally acknowledged to me that the foregoing
petition is his free and voluntary act and deed.
WITNESS MY HAND AND NOTARIAL SEAL on the date and place

first above-written.
(SGD)
ATTY. CARMELA D. ABUGADA
Notary Public
PTR No. 123456, Makati City, 1/2/20
IBP No. 00045, Makati City, 1/2/20
Attorney’s Roll No. 11122
MCLE Compliance Certificate No. IV
0025415, Pasig City, 1/2/20
Doc. No.: 1
Page No.: 2
Book No.: 1
Series of 2020
FORM NO. 150. FORECLOSURE OF MORTGAGE
(Caption and title)

COMPLAINT
PLAINTIFF, through counsel, most respectfully states:
1. (Averment of names and residences).
2. That, on 23 March 2000, defendant borrowed from plaintiff the sum of TEN
THOUSAND PESOS (10,000.00), payable within the period of one (1) year from said
date; with an interest thereon at the rate of 10% per annum; and, to secure the prompt
and full payment of the principal and interest, defendant made and executed, on that
same day, a Deed of Mortgage in favor of plaintiff upon two parcels of land described as
follows:
(Description of property)
copy of which Deed of Mortgage is attached hereto as Annex “A” and made an
integral part of this complaint;
3. That said mortgage was duly registered on March 24, 2000, in the Office of
the Register of Deeds of the City of Manila, Philippines;
4. That the time for payment of said loan is overdue, and defendant failed and
refused, and still fails and refuses, to pay both the principal obligation and the interest
due, notwithstanding repeated demands of plaintiff;
5. That it is a condition in this contract of mortgage that, upon failure of
defendant to pay the loan within the period stipulated, he shall pay to plaintiff the sum of
P1,000.00 as liquidated damages, plus the amount of P500.00 for attorney’s fees in case
of litigation.
WHEREFORE, it is respectfully prayed that judgment be issue[d] in favor of

plaintiff, and against defendant, ordering the latter:
1. To pay to plaintiff the principal obligation of P10,000.00 with interest

thereon at the rate of 10% per annum, from March 23, 2000, until the full obligation is
paid;
2. To pay to plaintiff the sum of P1,000.00 for liquidated damages, and the
additional sum of P500.00 for attorney’s fees;
3. To issue a decree of foreclosure for the sale at public auction of the
aforementioned parcels of land, and for the disposition of the proceeds thereon in
accordance with law, upon failure of defendant to fully pay to plaintiff within the period set
by law the sums set forth in this complaint.
4. (Cost and other reliefs).

FORM NO. 151. COMPLAINT FOR PARTITION OF REAL ESTATE
(Caption and Title)
COMPLAINT
PLAINTIFF, through counsel, most respectfully states:
1. (averment of names and residences)
2. That plaintiff and defendant are co-owners pro-indiviso, in two(2) equal parts, of
one parcel of land (residential lot) situated at España Street, Manila, Philippines,
and covered by Transfer Certificate of Title No. 12345 of the Office of the
Register of Deeds of the City of Manila, which parcel of land is more particularly
described in said certificate of title as follows:
(Copy boundaries and areas)
3. That the aforementioned parcel of land has a 30-meter frontage at España
Street, an is easily divisible into two parcels both of which can be conveniently
serve as either residential or commercial premises;
4. That plaintiff had several times notified defendant of former’s desire and intention
to partition said property, and, for that purpose, had presented and submitted to
defendant a project-plan of partition, which was prepared and drafted by F.V., a
duly licensed surveyor, and an unprejudiced third party;
5. That the aforementioned project-plan of partition is a very fair and practical
division of the property in question, and, to show plaintiff’s good faith, his
proposal to defendant was, and is, to be determined by lottery which of the two
parcels shall pertain to either party;
6. That, for the preparation of said project-plan or partition, the plaintiff paid said
F.V. the sum of P250.00, which is the reasonable compensation for the latter’s
services;
7. That notwithstanding repeated demands of plaintiff, defendant refused, and still
refuses, without justifiable cause or reason, to accede to the partition of said
property;
WHEREFORE, it is respectfully prayed that judgment issue:

1. Ordering the partition of the parcel of land mentioned and described in Paragraph
2 of this complaint, adopting for the purpose of said partition, the project-plan
prepared by F.V., copy of which will be presented at the day of the trial.
2. Ordering that the determination as to which of the two(2) parcels in said project-
plan should pertain to either party be done by the choice of the parties, and,
should they pick the same lot, that it be done by lottery;
3. Ordering defendant to execute and sign all necessary papers or deeds which
shall give validity and effect to this partition;
4. Ordering defendant to pay to plaintiff the sum of P125.00, which is equivalent to
50% of the amount paid by plaintiff to the licensed surveyor for the preparation of
the project-plan.
5. (Costs for suit and other relief)

FORM NO. 152. COMPLAINT FOR FORCIBLE ENTRY
EJECTMENT (FORCIBLE ENTRY)

COMPLAINT

PROVINCE OF CAPIZ
Municipal Trial Court
Roxas City
Branch 021
JUAN TULIO DELA CRUZ

Plaintiff,
-versus CIVIL CASE No. Q-42425

For: EJECTMENT (FORCIBLE ENTRY)
PEDRO ARTES TAHON,

PAUL ARTES TAHON
Defendants,
Plaintiff, thru counsel, respectfully avers that:
1. Plaintiff JUAN TULIO DELA CRUZ, is residing at Brgy. Lawa-an, Roxas City,
where he may be served with court order and other processes;
2. Defendants, PEDRO ARTES TAHON and PAUL ARTES TAHON are residents
of Brgy. Tanque, Roxas City, Philippines, where they may be served with
summons and other court processes;
3. The plaintiff is the absolute owner of a fenced mango orchard located in Brgy.
Bolo, Roxas City.
4. Sometime in January, 2020, defendants, forcefully destroyed the fence

surrounding the said property, and cleared the property from the one hundred
twenty (120) mango trees planted therein to build their shanties without any
authorization nor consent from the plaintiff;
5. Despite repeated demands to vacate the premises, defendants continued to

occupy the subject property, thereby depriving the plaintiff of lawful possession
thereof, and
6. As a result of the defendants’ unlawful occupation of the property, plaintiff

suffered actual damages of Two Hundred Thousand Pesos (P200,000),
representing the value of the fence and the mango trees. Receipts for the
construction of the fence, as well as the expenses incurred in maintaining the
mango trees are here attached as Annexes “B” and “C”.
PRAYER
WHEREFORE, it is respectfully prayed that after due hearing, judgment be rendered

in favor of the plaintiff:
1. For the restitution of the abovementioned premises; and

2. For the payment of damages, attorney’s fees and costs of suit.
Other reliefs just and equitable are likewise prayed for.
May 11, 2020, Roxas City, Capiz.
ATTY. PAMELA O. ILISAN

Roxas City
Roll of Attorneys No. 3255219
IBP No. A-24528525
PTR No. A-3428523
MCLE No. A-1345252
I, Juan Tulio Dela Cruz, Plaintiff in the above-captioned case, of legal age, Filipino,
after having been sworn in accordance with law, hereby, depose and state that:
1. I am the Plaintiff in the above-captioned case;

2. I have read and understood the contents hereof of this Complaint for Forcible
Entry, and the facts herein alleged are true and correct of my own knowledge
and based on available verifiable records;
3. I heretofore have not commenced any other action or proceeding or any claim, or
filed any claim involving the same issues raised in the above-captioned case, in
this honorable court or in any other court, to the best of my knowledge, no such
other action or claim is pending therein;
4. I hereby undertake to notify this Honorable Court of such fact within five (5) days
from receipt of such knowledge, should I come to learn that the same or a similar
action or cliam has been filed or pending in Supreme Court, Court of Appeals,
the different divisions thereof, or any other court or tribunal agency;
5. I am executing this sworn statement in compliance with Section 5, Rule 7 of the
Rules of Court.
JUAN T. DELA CRUZ

Affiant
SUBSCRIBED and SWORN TO before me this, 11th day of May, 2020 at Roxas
City, Philippines, affiant exhibiting to me his TIN Card ID no. 123-456-789-000 issued by
the Bureau of Internal Revenue, as competent evidence of his identity, and he
personally acknowledged to me that the foregoing “Complaint” is his free and voluntary
act and deed. Machine copy of the TIN Card ID is hereto attached.
ATTY. PAMELA O. ILISAN

Roxas City
Roll of Attorneys No. 3255219
IBP No. A-24528525
PTR No. A-3428523
MCLE No. A-1345252
Doc. No. 11;

Page No. 2;
Book No. 1;
Series of 2020;
FORM NO. 153. COMPLAINT FOR UNLAWFUL DETAINER

6th Judicial Region
MUNICIPAL TRIAL COURT IN CITIES
Branch _1_
Hall of Justice
Roxas City
-oOo-
JOSE RIZAL, JR. AND MARIO RIZAL,

the latter represented by his
Attorney-in-Fact JOSE RIZAL, JR.
Plaintiffs,
CIVIL CASE NO. _C-12345-20__
-versus-
For: Unlawful Detainer
SPOUSES PEDRO and PETRA AGUINALDO,
Defendant.
x-------------------------------------------------x
COMPLAINT
COME NOW, Plaintiffs, by the undersigned counsel, in the above-entitled case and
before this Honorable Court most respectfully aver that:
STATEMENT OF THE CASE
1. This is a Complaint whereby Plaintiffs seek for the restitution of possession of three (3)
parcels of lot known as Lot No. 3-B-1-A, Lot No. 3-B-1-B and Lot 3-C-2 and for the
removal of a water tank erected on Lot 3-C-2. Plaintiffs humbly come to this Honorable
Court to order the Defendants to vacate their property and recompense what is due and
equitable to them under our laws;
THE PARTIES
2. Plaintiff Jose Rizal Jr. (hereinafter referred to as “JOSE”) is a resident of Sta. Isabel St.,
Roxas City. Plaintiff Mario Rizal is the son of Plaintiff Jose Rizal, Jr. Both are of legal
ages and both are Filipino nationals. Plaintiff Mario Rizal (hereinafter referred to as
“MARIO”) is currently working abroad. For purposes of this action, Plaintiff may be
served with copies of notices and orders of the Honorable Court at the office address of
the undersigned counsel indicated below. Plaintiff Mario Rizal is herein represented by
his father and co-Plaintiff Jose Rizal, Jr. by virtue of a Special Power of Attorney herein
attached and marked as Annex “A”;
3. That Defendant Spouses Pedro and Petra Aguinaldo (hereinafter referred to as
“SPOUSES Aguinaldo”) are of legal ages, married to each other, Filipinos and residents of
Sta. Isabel St., Roxas City, Philippines, where they may be served with summons and other
court processes;
STATEMENT OF THE FACTS
4. JOSE is the registered owner of two (2) parcels of lot known as Lot No. 3-B-1-A and Lot
No. 3-B-1-B covered by TCT NO. 095-2010001496 situated in Sta. Isabel St., Roxas City,
and which parcel of land is more particularly described as follows:
TRANSFER CERTIFICATE OF TITLE NO.095-2010001496
“A parcel of land (Lot 3-B-1, Psd-06-074178, being a portion of Lot 3-B, PSD-06-053831),
situated in Sta. Isabel St., Roxas City, Island of Panay. Bounded on the NE; Along line 1-2-
3 by Lot 3-C; PSD-06-053831; on the SE., along line 3-4 by Lot 2146-D, PSD-36326; on
the SW., along lines 4-5-6 by Lot 3-B-2 of this Subd. Survey; on the NW., along line 6-1 by
Lot 20, Blk. 10, PSD-06-020078. Beginning at a point marked “1” on Plan, being S. 23 Deg.
38’W., 1051. 68 M. from MBM no. 77, Sta. Barbara CAD 7 xxx containing an area of One
Hundred Ten (110) Square Meters, more or less. xxx”
MARIO is the registered owner of Lot 3-C-2 covered by TCT NO. 095-2010000981
situated in Sta. Isabel St., Roxas City, and which parcel of land is more particularly
described as follows:
TRANSFER CERTIFICATE OF TITLE NO.095-2010000981
“A parcel of land (Lot 3-C, Psd-06-053831, being a portion of Lot 3, PCS-06-001452),

situated in Sta. Isabel St., Roxas City, Island of Panay. Bounded on the NW; Along line 1-
2-3 by Lot 21, Block 10, PSD-06-020078; on the NE., along line 3-4-5 by Lot 3-D, of this
Subd. Survey; on the SE., along lines 5-6 by Lot 2146-E; Along line 6-7 by Lot 2146-F,
Both of pSD-36326; on the SW., Along lies 7-8-1 by Lot 3-B of this Subd. survey.
Beginning at a point marked “1” on Plan, being S. 23 Deg. 38’W., 1051. 68 M. from MBM
no. 77, Sta. Barbara CAD 7 xxx containing an area of One Hundred Thirty Two (132)
Square Meters, more or less. xxx”
Copies of TCT NO. 095-2010001496 and TCT NO. 095-2010000981 are herewith
attached and marked as Annex “B” and Annex “C”, respectively;
5. Sometime in 2001, JOSE learned that SPOUSES AGUINALDO constructed a 2-storey

house adjacent to the property of JOSE and the latter discovered that part of the building
was erected on his property specifically on Lot 3-B-1. JOSE then expressed his willingness
to enter into any agreement relative to the conveyance of Lot 3-B-1 particularly Lots 3-B-1-
A and 3-B-2-B in favor of the SPOUSES AGUINALDO;
6. JOSE procured a CONTRACT TO SELL with MEMORANDUM OF AGREEMENT. The

said contract stated among others that the Vendor (JOSE) agrees to sell a portion of his
land, Lot 3-B, containing an area of 110 sqm. unto Vendee (SPOUSES AGUINALDO) at a
price of TWO HUNDRED TWENTY TWO THOUSAND PESOS (PhP 222, 000.00)
Philippine Currency. The full payment should be made on or before December 31, 2007,
failure on the part of the VENDEE to comply within the specific date would entitle the
VENDOR to collect 5% compounded monthly interest for the remaining balance, and
further, none payment within three (3) months from the execution of the contract would be
interpreted as a waiver on the part of the VENDEE to purchase the said property. JOSE
signed the CONTRACT TO SELL with MEMORANDUM OF AGREEMENT but the
SPOUSES AGUINALDO did not express their conformity to the contract because they did
not sign the same. Attached and marked as Annex “D” is the undated Contract to Sell and
Memorandum of Agreement;
7. SPOUSES AGUINALDO continued their occupancy on the portion of Lot 3-B-1 and has
furthered encroached the adjacent property specifically Lot 3-C-2, owned by MARIO, by
occupying the same and by further constructing a water tank thereon without the
knowledge and consent of JOSE and MARIO. Attached and marked as Annex “E”, “E-1”
and “E-2” are the photos showing the building and the water tank of the SPOUSES
AGUINALDO;
8. JOSE sought the help of the Office of the Punong Barangay to amicably settle the
obligation of the SPOUSES AGUINALDO. Thus, on March 10, 2013, JOSE and SPOUSES
AGUINALDO entered into a Contract of Agreement, thereby naming both parties as
LESSOR-FIRST PARTY (JOSE) and LESSEE –SECOND PARTY (PEDRO AGUINALDO).
The handwritten contract stated among others that both parties agreed that the total
amount of Two Hundred Twenty Thousand (P220, 000.00) Pesos as the purchase price of
Lot 3-B-1 with lot area of 110 sqm and that the SECOND PARTY has made a down
payment of Ninety Five Thousand (P95, 000.00) Pesos and the remaining balance to be
paid by the SECOND PARTY would only amount to One Hundred Thousand (P100,000.00)
Pesos. The parties then further agreed that the SECOND PARTY will pay Fifty Thousand
(P50, 000.00) Pesos on the afternoon of March 15, 2013, and the remaining balance of
another Fifty Thousand (P50, 000.00) Pesos will be paid on August 2013. The same
agreement was signed by JOSE RIZAL JR., PEDRO AGUINALDO and PUNONG
BARANGAY JUNO G. BORDO. Attached and marked as Annex “F” is the Contract of
Agreement dated March 10, 2013;
9. The SPOUSES AGUINALDO once again did not honor the signed Contract of
Agreement dated March 10, 2013 and has continued occupying the property without paying
the balance of the agreed purchase price;
10. SPOUSES AGUINALDO were given ample time to comply with their obligation,
however, their deliberate failure to fulfill their promise to pay the full purchase price led
JOSE to decide not to continue with the sale and instead apply the down payment made by
them as rental payments for the use of the property for the period of 2001 up to 2010;
11. Consequently, JOSE made his final DEMAND to the SPOUSES AGUINALDO to PAY
the RENTALS from year 2011 up to the present in the amount of Five Hundred (PhP
500.00) Pesos per month and to VACATE Lots 3-B-1-A, 3-B-1-B and Lot 3-C-2, and
further, to remove the water tank erected on Lot 3-C-2 through a letter dated March 30,
2015. The said demand letter was sent through mail under Registry Receipt RD 034 756
584 ZZ. Attached and marked as Annex “G” is the Demand Letter dated March 30, 2015;
12. JOSE and PEDRO AGUINALDO have undergone a personal confrontation before the
Office of the Lupong Tagapamayapa, unfortunately, no settlement was reached between
the parties. Attached and marked as Annex “H” is the Certification to file Action dated June
10, 2015;
13. JOSE has conscientiously updated the payment of the Real Property Tax of Lot 3-B-1.
He has further secured a subdivision plan over the portion of Lot 3-B-1 and Lot 3-C-2 to
properly illustrate the property occupied and encroached by SPOUSES AGUINALDO.
Copies of the Real Property Tax with Official Receipt No. 0972176 and Sketch Plan of Lot
3-B-1 Portion of 3-B and Lot 3-C are herewith attached and marked as Annex “I” and
Annex “J”, respectively;
PRAYER
WHEREFORE, premises considered, it most respectfully prayed of this Honorable

Court that judgment be rendered as follows:
1. To order the Defendants to VACATE and REMOVE the building and other
improvements erected on Lot 3-B-1-A and Lot 3-B-1-B covered by TCT No. 095-
2010001496 of the Registry of Deeds for Iloilo owned and registered in the name of
Jose Rizal, Jr., married to Lilia Rizal (Annex “B”) and particularly described as
follows, to wit:
“A parcel of land (Lot 3-B-1, Psd-06-074178, being a portion of Lot 3-B,

PSD-06-053831), situated in Sta. Isabel St., Roxas City, Island of Panay.
Bounded on the NE; Along line 1-2-3 by Lot 3-C; PSD-06-053831; on the
SE., along line 3-4 by Lot 2146-D, PSD-36326; on the SW., along lines 4-
5-6 by Lot 3-B-2 of this Subd. Survey; on the NW., along line 6-1 by Lot
20, Blk. 10, PSD-06-020078. Beginning at a point marked “1” on Plan,
being S. 23 Deg. 38’W., 1051. 68 M. from MBM no. 77, Sta. Barbara CAD
7 xxx containing an area of One Hundred Ten (110) Square Meters, more
or less. xxx”
2. To order the Defendants to REMOVE the water tank erected on Lot 3-C- 2 covered
by TCT No. 095-201000981 of the Registry of Deeds for Iloilo owned and registered
in the name of Mario Rizal, (Annex “C”) and particularly described as follows, to wit:
“A parcel of land (Lot 3-C, Psd-06-053831, being a portion of Lot 3, PCS-

06-001452), situated in Sta. Isabel St., Roxas City, Island of Panay.
Bounded on the NW; Along line 1-2-3 by Lot 21, Block 10, PSD-06-
020078; on the NE., along line 3-4-5 by Lot 3-D, of this Subd. Survey; on
the SE., along lines 5-6 by Lot 2146-E; Along line 6-7 by Lot 2146-F, Both
of pSD-36326; on the SW., Along lies 7-8-1 by Lot 3-B of this Subd.
survey. Beginning at a point marked “1” on Plan, being S. 23 Deg. 38’W.,
1051. 68 M. from MBM no. 77, Sta. Barbara CAD 7 xxx containing an
area of One Hundred Thirty Two (132) Square Meters, more or less. xxx”
3. To order the Defendants to PAY the RENTALS from year 2011 up to the present
(as of the filing of this Complaint) in the amount of FIVE HUNDRED (PhP 500.00)
PESOS per month or a total of TWENTY EIGHT THOUSAND (PhP 28, 000.00)
PESOS and FIVE HUNDRED (PhP 500.00) PESOS for every month thereafter;
4. To order the Defendants to PAY Attorney’s Fees, since the Plaintiffs were
compelled to hire the services of counsel for an agreed sum of the amount of
THIRTY THOUSAND (PhP 30, 000.00) and TWO THOUSAND (PhP 2, 000.00) as
Appearance Fee per every hearing before the Honorable Court;
5. To order the Defendants to PAY the cost of the suit.
Plaintiffs further pray for such other reliefs which are just and equitable under the
premises.
RESPECTFULLY SUBMITTED.
Roxas City. August 24, 2015.
ATTY. JOSEPH S. GOTERA

Roll of Attorney’s No. 62117
IBP O.R. No. 0988173–January 8, 2015–IBP-Capiz Chapter
PTR No. 4816762-January 7, 2015–PTO Roxas City
FORM NO. 154. PETITION FOR CONTEMPT
Branch 14
Roxas City
MR. UZUMAKI NARUTO,

Petitioner, Civil Case
No. 22
For: Contempt
-versus-
MR. UCHIHA SASUKE,

Respondent.
x-----------------------------------------x
PETITION
COMES NOW, the petitioner, together with the undersigned counsel to this most
honorable court, MOST RESPECTFULLY STATES THAT;
1. On March 11, 2020, this court issued in the present case a writ of preliminary
injunction ordering respondent to desist, from cutting lumber in the homestead in
question pending the termination of this case;
2. Copy of said writ was duly served by the Sheriff of Roxas City on defendant on March
20, 2020;
3. That respondent continues to cut lumber from the aforementioned homestead, in

disobedience to said writ issued by this Court.
WHEREFORE, petitioner prays that respondent be ordered to explain why he
should not be punished for contempt, and that, should his explanation not be
satisfactory, the proper punishment be meted out in the interest of justice.
Roxas City, Capiz, Philippines, May 11, 2020.
Atty. JV Cruz
Lawaan, Roxas City, Capiz
Roll of Attorney No. 12345
IBP No. 123456
PTR No. 123466
I, Mr. Uzumaki Naruto, Filipino, of legal age, married and residing at Barangay Lawaan,
Roxas City, under oath, depose and state:
(1) That I am the petitioner in the above-entitled case;

(2) That I have caused the preparation and filing of the foregoing Petition;
(3) That I have read and understood the allegation therein contained and the same are
the true and correct of my own knowledge and based on authentic records;
(4) That I have not heretofore commenced or filed any other action involving the same
issues in any court, tribunal or agency; that of my own knowledge, no such action is
pending in any court, tribunal or agency; that should I hereafter learn of any such
pending action, I undertake to inform this Honorable Court of such fact within five (5)
days therefrom.
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of May, 2020, in
the City of Roxas, Capiz, Philippines.
Mr. Uzumaki Naruto

Affiant
(JURAT)
SUBSCRIBED AND SWORN to before me this 12th day of May, 2020, in the City of
Roxas by Uzumaki Naruto, who has satisfactorily proven to me his identity through his
Passport No. Z123455, issued on December 11, 2019, at Iloilo City; that he is the same
person who personally signed the foregoing affidavit before me and acknowledged that
he executed the same.
WITNESS MY HAND AND NOTARIAL SEAL on the date and place first above-written.
Zee Za
NOTARY PUBLIC
Commission Serial No. 123456
Valid until December 20, 2020
IBP No. 123455
PTR No. 1234445
Doc. No. 1;
Page No. 2;
Book No. 3;
Series of 2020
PROOF OF SERVICE
I, Keri Kara, Filipino, of legal age, single and with office address at Barangay Punta
Tabuc, Roxas City, after being duly sworn, do hereby depose and say:
(1) That I am a secretary in the law firm of KKK Law Offices for the petitioner in Special
Civil Action No. 22 entitled Mr. Uzumaki Naruto vs. Mr. Uchiha Sasuke.
(2) That today, May 11, 2020, 8 have served a copy of the said Petition to the
respondent at his address at Barangay Lawaan, Roxas City, by leaving copy of the said
Petition in his office with his clerk who acknowledged receipt thereof, as evidenced by
his signature appearing opposite his names on the last page of the Petition.
(3) That I execute this affidavit to attest to the truth of the foregoing and to comply with
the requirement of the Revised Rules of Court in the Philippines regarding proof of
service.
IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of May, 2020, in
the City of Roxas, Capiz, Philippines.
Keri Kara
Affiant
(JURAT)
SUBSCRIBED AND SWORN to before me this 12th day of May, 2020, in the City of
Roxas by Keri Kara who has satisfactorily proven to me her identity through her
Passport No. Z123477, issued on December 11, 2019, at Iloilo City; that she is the
same person who personally signed the foregoing affidavit before me and
acknowledged that she executed the same.
WITNESS MY HAND AND NOTARIAL SEAL on the date and place first above-written.
Zee Za
NOTARY PUBLIC
Valid until December 20, 2020
IBP No. 123455
PTR No. 1234445
Doc. No. 1;
Page No. 2;
Book No. 3;
Series of 2020
FORM NO. 155. EXTRAJUDICIAL SETTLEMENT BY AGREEMENT BY THE HEIRS
KNOWN BY ALL MEN THESE PRESENTS:
This Extrajudicial Settlement of Estate, made and executed in Roxas City, Capiz,
th
this 14 day of May, 2020 by and among:
KIM U. LIM, Filipino, of legal age, single and residing at Lawaan, Roxas
City, Capiz;
KATHRYN L. PADILLA, Filipino, of legal age, married and residing at

Bang-bang St., Roxas City, Capiz;
KORINA R. LIM, Filipino, of legal age, single and residing at Lawaan,

Roxas City, Capiz;
MOCHA U. LIM, Filipino, of legal age, and residing at Culasi, Roxas City,
Capiz;
W I T N E S S E T H:
(1) That they are the compulsory heirs of deceased Rodrigo D. Lim, being the latter’s
legitimate children and surviving spouse, respectively;
(2) That said Rodrigo D. Lim, died in Davao City, which was his residence at the
time of his death on April 1, 2020;
(3) That the said decedent died without leaving any will and with the aforementioned
legitimate children and surviving spouse as his only heirs;
(4) That deceased Rodrigo D. Lim left no debt which would be charged to his estate;
(5) That at the time of his death, the said deceased left a one half (1/2) share, pro-
indiviso, of a parcel of land covered by Transfer Certificate Title No. 2222 of the
Registry of Deeds of Roxas City, and which property is particularly described as follows:
TCT No. 2222
A PARCEL OF LAND (Block 5, Lot 32 of the consolidation

subdivision plan),situated in Pueblo de Panay, Lawaan, Roxas City
together with all the improvements existing thereon consisting of a bungalow house,
situated at Pueblo de Panay, Lawaan, Roxas City;
(6) That the parties herein have agreed, as they do hereby agree, to divide
and settle the aforementioned estate between them in the following manner, to wit: 1/5
to Kim U. Lim; 1/5 to Kathryn L. Padilla; 1/5 to Korina U. Lim; 1/5 to Mocha P. Vda. De
Lim;
(7) Mocha P. Vda. De Lim do hereby waive and adjudicate her share as heir
equivalent to 1/5 in the above-described property and estate of her late husband,
Rodrigo D. Lim, and that of her own share in the said property as part owner of the
conjugal partnership, in favor of her three (3) children as above-mentioned, so that full
ownership over her said share and participation in the aforementioned property may
now be consolidated in the name of her said three (3) children who will now be the sole
and absolute co-owners of the whole property covered by the Transfer Certificate of
Title No. 2222 of Registry of Deeds of Roxas City.
IN WITNESS WHEREOF, the parties have hereunto set their hands this 14 th day
of May, 2020, at Roxas City.
Kim U. Lim Kathryn L. Padilla
Korina U. Lim Mocha U. Lim
SIGNED IN THE PRESENCE OF:
Debold S. Parti Koko P. Tee
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the City of Roxas, Capiz, Philippines this 14 th
day of May, 2020, personally appeared the following:
Names ID No. Date/Place Issued
Kim U. Lim Driver’s License No. 98765 Jan. 12, 2020/Roxas

City, Capiz
Kathryn L. Padilla Passport ID No. 1356 March 2, 2019/Iloilo City
Korina U. Lim PRC ID No. 56788 Sept. 16, 2019/Iloilo City
Mocha U. Lim Driver’s License No. 12345 Feb. 2, 2020/Roxas City
known to me and to me known to be the same persons who executed the foregoing
Extrajudicial Settlement Among Heirs consisting of three (3) pages including this page,
and they acknowledged to me that the same is their free and voluntary act and deed.
WITNESS MY HAND AND NOTARIAL SEAL at the place and on the date first
herein above written.
Atty. Mary G. Shelly

Notary public
Until December 31, 2020
Roll of Attorney 12345
IBP No. 987676; 02/02/2020-Roxas City
PTR No. 1222302/02/2020-Roxas City;
Doc. No. 1;
Page No. 3;
Book No. V;
Series of 2020.
FORM NO. 156. SUMMARY SETTLEMENT OF ESTATE
_______________, BR. _____
In Re:
Petition for Summary S.P. No.
____________
Settlement of the Estate
Left by the Deceased P.R.,
Octavio Ruiz.
Petitioner.
x-------------------------------------x
PETITION

(1) That the petitioner is a Filipino, of legal age, married and residing at No. 1
Apple Street, Calamansi Village, Duhat, Metro Manila, Philippines, and is a legitimate
child of Pecto Ruiz who died on 8 March 1976 in the City of Manila, Philippines, which
was his residence at the time of his death.
(2) That the aforementioned deceased Pecto Ruiz died without any will, leaving
the following properties, all situated in the City of Manila, Philippines, the gross value of
which does not exceed P100,000.00, to wit:
(Description of Properties)
(3) That the nearest surviving relatives of the deceased Pecto Ruiz are his three
(3) legitimate children, included among whom is the petitioner, whose names and
addresses are the following, to wit:
(State names and addresses)
(4) That aforementioned children are all of legal, with the exception of ORLANDO
TERVO, who is a minor, but who may be represented by his legally appointed and
qualified guardian, MARIZ RUIZ, whose address is ________________________,
Manila, Philippines;
(5) That said deceased left no indebtedness, except an obligation in the sum of
P1,000.00 in favor of MARIZ RUIZ whose address is ______________________,
Manila, Philippines;
PRAYER
WHEREFORE, it is most respectfully prayed of this Honorable Court that after
due notice, publication and hearing, this court proceed summarily, without the
appointment of an executor or administrator, and without delay, to determine that the
three legitimate children named in paragraph 3 hereof are the persons legally entitled to
participate in the estate, and to apportion and divide it among them in equal parts after
the payment and the debt to MARIZ RUIZ as mentioned above, entitling said children to
thereupon receive and enter into the possession of the portions of the estate so
awarded to them respectively, and for such orders as may be just respecting the cost of
the proceedings.
Petitioner likewise prays for such other and further relief or reliefs as this
Honorable Court may deem just and equitable in the premises.
(Place, date)
XYZ LAW OFFICE
Address
IBP No.
PTR No.
Attorney’s Roll No.
(Notice and Proof of Services)

FORM NO. 157. PETITION FOR PROBATE OF WILL AND ISSUANCE OF LETTERS
TESTAMENTARY
QUEZON CITY
In re:
Petition to approve the S.P. No.
____________
Will of Mr. Clean, Deceased, Probate of
Will
Mr. Nice,
Petitioner,
x ------------------------------------ x
PETITION
1. That deceased, Mr. Clean died on November 1, 1996, in the municipality of
Pasay City, Philippines, which was his residence at the time of his death, leaving
a will, a copy of the said will is herewith attached and marked as Annex “A” and
made integral part hereof.
2. That Mr. Nice is the person named executor in said will, and said person
consents to act as such executor or renounces his right to letters testamentary.
3. That the names, ages and residences of heirs, legatees, and devises of the
aforementioned decedent are the following, to wit:
(State names, ages and addresses)

4. That said deceased left properties, both real and personal with approximate
value of P900,000.00.
5. That letters testamentary are prayed for the aforementioned Mr. Nice who is
named as executor in the will. That letters of administration are prayed for Me.
Nice who is the legitimate son of Mr. Clean.
6. That the will has been delivered to this court.(or if not delivered) That the will is in
the possession and custody of Mr. Nice.
(Place and date)

__________________________
_________________________
FORM NO. 158 PETITION FOR LETTERS OF ADMINISTRATION

PROVINCE OF CAPIZ
BRANCH 2
In Re:
Estate of Herbert Cassidy Paul Nunez
Petition for Letters of Administration Sp
Proc No. 158
Robert Arthur Nunez

Petitioner
x----------------------------------x
PETITION
Robert Arthur Nunez, through counsel, alleges:
1. That on August 14, 2019, HERBERT CASSIDY PAUL NUNEZ died,
without leaving any will, in the municipality of Sapian, Province of Capiz, Philippines,
which was his residence at the time of his death;
2. That name, age and residence of the surviving heirs of the
aforementioned deceased are the following, to wit:
A. Annabelle Nunez
B. Robert Arthur Nunez
3. That deceased left the following real and personal properties:
A. Ten thousand (10,000) square-foot property in Malinong, Sapian, Capiz

B. Seven (7) SUV
C. Five thousand (5,000) Square-foot house and lot in Poblacion, Sapian,
Capiz
D. Twenty million pesos (10,000,000.00) in the Philippine Bank
E. Ten (10) branches of Rascals Angling stores
4. That decedent died a bachelor , leaving no descendants nor ascendants,
whether legitimate or otherwise and a petitioner is one of the surviving sibling of the
decedent.
Roxas City, Capiz Philippines, December 12, 2019
____________________________
ROBERT ARTHUR
NUNEZ
NOTES
1. CONTENTS OF PETITION FOR LETTERS OFF ADMINISTRATION – 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;

B. The names, age, and residences of the heirs, and the names and residences
of he creditors, of the decedent;
C. The probable value and character of the property of the estate;
D. The name of the person for whom letters of administration are prayed.
But no defect on the petition shall render void the issuance of letters of
administration. (Rule 79, Sec. 2, Rule of Court)
2. WHEN AND WHOM LETTERS OF ADMINISTRATION GRANTED – If no
executir is named in the will, or the executor or executors are incompetent, refuse the
trust or fail to give the bond, or a person dies intestate, administration shall be granted:
A. To the surviving husband or wife, as the case may be, or next of kin, or both,
in the discretion of the court, or to such person as such surviving husband or
wife or next of kin, requests to have appointed, if competent and willing to
serve;
B. If such surviving husband and wife as the case may be, or next of kin, or the
person selected by them, be incompetent or unwilling, or if the husband or
widow, or next of kin, neglects for 30 days after death of the person to apply
for the administration or to request the administration be granted to some
other person, it may be granted to one or more of the principal creditors, if
competent and willing to serve;
C. If there is no such creditor competent and willing to serve, it may be granted
to such other person as the court may select. (Rule 78, Sec. 6, Rules of
Court)
3. MARRIED WOMEN MAY SERVE – A married woman may serve as executrix or

administratrix, and the marriage of a single woman shall not affect her authority to serve
under previous appointment. (Rule 78, Sec. 3, Rules of Court)
4. WHO ARE INCOMPETENT TO SERVE AS EXECUTORSOR

ADMINISTRATORS – No person is competent to serve as executor or administrator
who:
A. Minor
B. Is not a resident of Philippines; and
C. Is in the opinion of the court unfit to execute to duties of the trust by reason of
drunkenness; improvidence, or want of understanding or integrity, or by
reason of conviction of an offense involving moral aptitude. (Rule 78, Sec. 1,
Rules of Court)
5. HEARING AND ORDER FOR LETTERS TO ISSUE – At the hearing of the

petition, it must first be shown that notice has been given as hereinbelow required, and
thereafter the court allegations, and if satisfied that the decedent left no will, or that
there is no competent and willing executor, it shall order the issuance of letters of
administration to the party best entitled thereto. (Rule 79, Sec. 5, Rules of Court)
6. WHEN LETTERS OF ADMINISTRATION GRANTED TO ANY APPLICANT –
Letters of administration may be granted to any qualified applicant through it appears
that there are other competent persons having better right to the administration, if such
person fails to appear when notified and claim the issuance of letters to themselves.
(Rule 79, Sec. 6, Rules of Court)
7. For proper venue.
8. As to presumption of death of a person for purposes of settlement of his estate.
Escheat is a special proceeding whereby the real and personal property of a

person who dies without a will of any legal heir becomes the property of the state upon
his death.
FORM NO. 159. PETITION FOR ESCHEAT

REGINAL TRIAL COURT
NATINAL CAPITAL JUDICIAL REFION
PARANAQUE CITY, BRANCH 33
IN THE MATTER OF THE ESCHEAT

PROCEEDING OF THE ESTATE
OF THE DECEASED S.T.
Sp. Proc. No. __________________
Republic of the Philippines,

Petitioner.
x----------------------------------------x
PETITION
The Republic of the Philippines, through the Solicitor General of Y, alleges:
1. That the petitioner is a sovereign political entity with capacity to sue through
the Solicitor General.
2. That on ________, deceased, S.T., died in the municipality of
_____________, province of Y, where he last resided.
3. That the deceased died intestate, leaving real and personal properties in the
Philippines, of which the following are, at present, know to petitioner;
(Enumeration and description of properties)
4. That said S.T. left no heir or person by law entitled to the aforementioned
property, or any part thereof.
WHEREFORE, petitioner prays that the sate of deceased S.T. be escheated

and distributed in accordance with law.
FORM NO. 160. IN THE MATTER OF THE GUARDIANSHIP OF THE MINOR
A.B.C.D.

NATIONAL CAPITAL JUDICIAL REGION
PARANAQUE CITY, BRANCH 333
IN THE MATTER OF THE GUARDIANSHIP

OF THE MINOR A.B.C.D.
Sp. Proc. No. 123456

C.D.
Petitioner
x-----------------------------x
PETITION

1. That petitioner C.D, is of legal age, Filipina citizen, single and residing at
____________.
2. That A.B., for whom guardianship is prayed, is a minor, 8 years of age, and a
resident of the Municipality of _________ Province of_______________,
Philippines.
3. That on or about ___________, both father and mother of the minor, A.B.,
were simultaneously killed by the members of the Abu Sayaf Group (ASG) in
Basilan, thereby leaving said minor without any legal or natural guardian.
4. That the aforementioned deceased parents left properties, consisting pf
different parcels of lands in Basilan, the probate value of which is P 1 Million,
more or less.
5. That both parents died without living any will, and the minor, A.B., being the
sole surviving child and heir, succeeds to said estate,
6. That the names, ages and residences of the relatives of said minor are the
following, to wit:
Name Relationships Ages Residences
______________ _____________ __________ _____________
______________ _____________ __________ _____________

7. That the letters of guardianship are prayed fir by petitioner who is the uncle of
the minor, A.B., and to whom said minor is at present residing, and who is the
only person who take care of the said minor.
WHEREFORE, petitioner prays that after due notice and hearing, he be

appointed guardian of the person and estate of minor A.B., and the
corresponding letters of guardianship be issued in this favor.
(Date and place)
E.F.
Attorney for the Petitioner
(Verification/ Certification)
FORM NO. 161. PETITION FOR APPOINTMENT OF TRUSTEE
____________ Judicial Region
________________ TRIAL COURT
Branch _____, _____________, _____________
In Re:
Petition for Appointment S.P. No. ____________
of Trustee
_________________________________
Petitioner.
x-------------------------------------x
PETITION
COMES NOW petitioner by the undersigned counsel and to this Honorable Court
respectfully states:
1. That on ____________, X died in Manila leaving a will;
2. That the will was admitted to probate by this Honorable Court on
_____________;
3. That in said will, A was appointed a trustee to carry into effect the provisions of
paragraph 10 creating the “X” Scholarship Memorial Trust Fund in the amount
Php 500,000.00 which should be invested so that the income can be used for the
payment of expenses of deserving student’s to be selected by the trustee;
4. That A declined to accept the position of trustee on the ground that his ill health
might prevent him from discharging his duties;
5. That there is no provision in the will providing for a substitute trustee;
6. That it is necessary that a new trustee be appointed in place of A so that the
desire of X can be carried into effect;
7. That the court may select the substitute for A from among B, C and D, all very
reputable persons in the community.
__________________
Counsel for the Petitioner
Address:
Roll of Attorney No.
IBP No.
FORM NO. 162 – PETITION FOR ADOPTION OF A MINOR

Regional Trial Court of Roxas City
Branch 69
Re: In the Matter of the Adoption

of the Minor Park Seo Joon
Sp. Proc. Case No. 432
Sps. Adam D. Dela Cruz and Eve

A. Dela Cruz,
Petitioners,
x---------------------------------------x
PETITION
PETITIONERS, through counsel, before this Honorable Court respectfully state:
1. That the petitioners are lawful husband and wife, of legal age, Filipino
citizens and with postal address at Maria Makiling Avenue, Pasay City, Metro Manila,
Philippines, where they may be served with the legal summons and processes by this
Honorable Court;
2. That said spouses desire to adopt the minor child, Park Seo Joon, four (4)
years of age, who was born in Itaewon, Seoul, South Korea on November 28, 2016.
Attached herewith as Annex “A” is a copy of the certificate of birth of the minor, Park
Seo Joon and made integral part hereof;
3. That the father of the minor child is unknown, being the illegitimate son of
Song Hye Kyo, Filipino, of legal age, single and is residing at San Juanico Bridge,
Samar, Leyte, Philippines;
4. That Song Hye Kyo has consent to the adoption of the minor child, Park
Seo Joon, as shown by an instrument executed and signed by her, copy of which
attached to this petition as “Annex B” and made an integral part hereof;
5. That the herein petitioners would like to give the minor child a good
education and a bright future and to erase the stigma of her illegitimate status;
6. That the herein petitioners, especially, Eve A. Dela Cruz, has known the
minor child from birth and has developed a kind of parental love for her child;
7. That the herein petitioners are childless and can very well support and
educate the minor child, Park Seo Joon;
8. That this adoption will serve the best interests and well-being of the minor
child, Park Seo Joon.
PRAYER
WHEREFORE, it most respectfully prayed for to this Honorable Court, that after
due notice, publication and hearing, judgment be rendered to the effect that henceforth,
the child Park Seo Joon be free from all legal obligations of obedience and maintenance
with respect to his natural parents, and be, to all legal intents and purposes, the child of
the petitioners, and that the surname of the child be changed to Park Seo Dela Cru,
which is the surname of the petitioners.
Petitioners, likewise pray for such other and further relief or relief as this
Honorable Court may deem just and equitable in the premises.
IN WITNESS WHEREOF, I have hereunto set my hand on this 14th day of May,
2020 at the City of Roxas.
ATTY. CARLO L. KATIGBAK

Counsel of the Petitioners
WE, spouses Adam D. Dela Cruz and Eve A. Fonda, of legal ages, lawful
husband and wife, Filipino citizens and with address at Maria Makiling Avenue, Pasay
City, Metro Manila, Philippines, after having been duly sworn to in accordance with law,
do hereby depose and say:
1. That we are the petitioners of the above-entitled case;
2. That we caused the preparation of the foregoing petition;

3. That we have read the same and the allegations therein contained are
true and correct according to the best of my own knowledge and on authentic records;
4. That we have not filed any similar petition in any court or agency of the
government of the Republic of the Philippines and if there is any such petition, we
undertake to report the same to this Honorable Court within five (5) days upon learning
that such petition has been filed.
IN WITNESS WHEREOF, we have hereunto set our hands on this 14th day of
May, 2020 at the City of Roxas.
ADAM D. DELA CRUZ EVE A. DELA CRUZ
SUBSCRIBED AND SWORN to, before me this 14 th day of May 2020, affiants
exhibiting to me their with Passport No. 123 and Passport No. 456, issued at Pasay
City, Philippines on March 19, 2019, witness my hand and notarial seal on the date and
place above-written.
ATTY. CARLO C. KATIGBAK

Notary Public
FORM NO. 163. PETITION FOR HOSPITALIZATION OF INSANE PERSONS
Province of Capiz
In the matter of the
Hospitalization of X. Y.
An Insane Person.
A.B., as Director of the S.P. Proc.

No.: ____
Bureau of Health,
Petitioner.
X-------------------------------------x
PETITION
A.B., through the provincial fiscal, states:
1. That he is the Director of the Bureau of Health of the Philippines;
2. That X.Y., who is a resident of the Province of ____________, is an insanse

person, who, during his attacks of insanity which occur frequently and persistently,
becomes violent and dangerous, runs wild in the streets, chases, throws stones at, and
otherwise tries to hurt the people he sees;
3. That his wife and other relatives are all afraid of him, and are unable to keep him
in the house under control, and cannot, because of his atrocious behavior, take proper
custody and care of him;
4. That for the purpose of sending notification of the hearing of this petition, the
names and addresses of the relatives of said insane person are the following, to wit:
Names Relatives
Address
1. ______________________ ________________________
______________________
2. ______________________ ________________________
______________________
3. ______________________ ________________________
______________________
5. That it will serve the public welfare, as well as the welfare of the aforemention
insane person, to commit him to the National Psychopatic Hospital.
WHEREFORE, petitioner prays that, after due notice and hearing, an order be
issued committing X.Y. insane person, to the National Psychopathic Hospital for
treatment and hospitalization.
(place, date and signature)

FORM NO. 164. PETITION FOR ISSUANCE OF WRIT OF HABEAS CORPUS
REUBLIC OF THE PHILIPPINES

SUREME COURT
In the Matter of the

Petition for Habeas
Corpus of X.Y.
S.P. Proc. No.:___________
HABEAS CORPUS
A. B. _____, ______
Petitioner
x------------------------x
P E T I T I O N
COME NOW petitioner, in the above-entitled case through this undersigned

attorney, and to this Honorable Court respectfully represents:
1. (Averment of name, ages and addresses)
2. That on March 13, 2017 petitioner was taken from her residence by individuals
posing as agent of the MIS, and since then confined, restrained and deprived of
her liberty in the Correctional Institute for Women in Mandaluyong , Rizal;
3. That in spite of the fact that petitioner has been confined for nearly four months,
no formal complaint or accusation for any specific offense s has been filed
against her nor any judicial writ or order for her commitment ha at any time been
issued so far;
4. That the petitioner did not commit any offense for which she may be arrested or
deprived of her liberty without any formal charge or judicial warrant;
5. That according to reliable information of petitioner, she is now being unlawfully
detained and deprived of her liberty by a lady warden named _______________
by order and at the behest of one, _______________, of the MIS, whose office is
at _______________;
6. That there being no martial law in the Philippines, the confinement of the
petitioner under circumstances above narrated is utterly illegal.
WHEREFORE, petitioner prays that said officers, ________________,

_____________ and ____________ or whoever acts in the place and
stead , be directed to appear before this Honorable Court and produce the
body of the petitioner, and explain forthwith why petitioner should not be
set at liberty without delay.

(Verification/Certification)
FORM NO. 165. PETITION TO CHANGE NAME

OF ROXAS CITY
BRANCH 16
IN RE: IN THE MATTER OF THE

CHANGE OF THE NAME OF
_______________________
_______________________
Petitioner Sp. Proc. No. ________
x-------------------------------------------------x
PETITION
PETITIONER, through the counsel, before this Honourable Court respectfully

states:
1. That petitioner is of legal age, Filipino, single, and residing at ____________,
Roxas City, Capiz, where he has been residing for more than three (3) years prior to the
date of the filing of this petition;
2. That the given name of the petitioner as indicated in his birth certificate is
_____________, his family name being ___________, by reason of his Chinese
ancestry;
3. That petitioner has been known as ____________, ____________ and
_________ or ___________, the last being his baptismal name;
4. That the same have been confusing not only to his Filipino friends and business
associates but also to his friends on Chinese side evoking derisive laughter and abusive
comments causing embarrassment to him;
5. That since said names have always been a handicap in his social and business
dealings, petitioner has been using the name ______________ to simplify matters and
to show that he is a Christian;
6. That it is petitioner’s desire to change his first name to ____________ and be
officially named ______________.
WHEREFORE, premises considered, it is respectfully prayed that after due notice,

publication and hearing, an order issue changing petitioner’s name to “_________”.
(Date, Place)
__________________________
Counsel of the Petitioner
Address: ___________________
Roll of Attorney No. __________
PTR ______________________
IBP _______________________
FORM NO. 166. PETITION FOR VOLUNTARY DISSOLUTION OF CORPORATION
Branch ______, ________ City
In the Matter of the Voluntary

Dissolution of Dela Cruz
Construction, Inc.
S.P. No. 123456
A, B, C, D and E,
Petitioners.
x-----------------------------------------x
PETITION
PETITIONERS, through counsel, most respectfully states:
1. That they are all members of the board of directors of the corporation “Dela Cruz
Construction, Inc.” and they constitute a majority of said board which is
composed of seven directors;
2. That the aforementioned corporation was organized under the laws of the
Philippines for the sole purpose of constructing a motion-picture theatre, namely,
“Milo Theatre” and said construction having been terminated, the dissolution of
the corporation was resolved upon, at a meeting called for that purpose, by the
affirmative vote of the stockholders holding or representing at least two-thirds of
all the shares of stock issued and subscribed;
3. That the only claims and demands against said corporation are the following:
a) In favor of S.T. Culasi Roxas City, for cement
bought from him by the corporation ………. P3,000.00
b) In favor of U.V., Lawaan, Roxas City, for plaster
Board bought from him by the corporation .…….. P3,400.00
Total…………………………………………………… P6, 400.00
That the corporation has assets more than sufficient to cover the above claims and
demands.
WHEREFORE, it is prayed that, after due notice, publication and hearing, this court
render judgment dissolving the corporation “Dela Cruz Construction, Inc.” and directing
such disposition of its assets as justice requires.
Signed this 22nd day of March 2020 at Roxas City, Capiz, Philippines.
VERIFICATION AND CERTIFICATION ON NON-FORUM SHOPPING

We, A, B, C, D & E, all of legal ages, single, Filipino and resident of Bolo, Roxas
City, Capiz, after having been duly sworn to in accordance with law hereby depose and
say:
1. That we are the petitioners in the above-mentioned case;
2. That we caused the preparation and filing of this petition;
3. That the contents hereto are true and correct of our own knowledge and on the
basis of authentic records;
4. That I hereby certify that we have not commenced any other action of proceeding
involving the same issues before the Supreme Court, Court of Appeals, or its
different divisions thereof, or of any court, other tribunal or agency, and to the
best of my knowledge no such action is pending in the Supreme Court, the Court
of Appeals, or its different divisions thereof; and if I should hereafter learn of any
such pending similar action or claim, I hereby undertake to inform this Honorable
Court of such fact within five (5) days therefrom.
A
B
C
D
E
Affiants
SUBSCRIBED AND SWORN to before me, a notary public for and in Roxas City Capiz.
Affiants personally appeared before me and presented the following Government Issued
ID’s
Name ID No. Date and Place of
Issue
A PRC 23451 January 13, 2020/Roxas City,
Capiz
B Drivers License 0987 July 3, 2019/Roxas City,
Capiz
C Voters ID 25374638 January 18, 2020/Roxas City,
Capiz
D PRC 4236483 March 18, 2020/Roxas
City, Capiz
E Voters ID 93858530 January 28, 2020/Roxas City,
Capiz
Personally known to me and to me known to be the same persons who executed the
foregoing instrument before me and acknowledged that they voluntarily executed the
same.
WITNESS MY HAND AND NOTARIAL SEAL on the day, year and place first above-
written.
Atty. Andro Law
Notary Public
My commission will end on December 31,
2020.
Doc No. 123;

Page No. 456;
Book No. 789;
Series of 2020.
FORM NO. 167. JUDICIAL APPROVAL OF VOLUNTARY RECOGNITION OF MINOR
NATURAL CHILDREN

Metropolitan Trial Court
City of Paranaque, Branch IV
IN RE: IN THE MATTER OF THE

VOLUNTARY RECOGNITION OF
MINOR NATURAL CHILDREN
S.P. No.
1234
AMADO BATONGBAKAL AND
JOY DAYANGHIRANG
Petitioners.
PETITION
COME NOW petitioners by the undersigned counsel and to this Honorable Court
respectfully state:
1. That the petitioner, Amado Batongbakal, is of legal age, who was married to
Marilyn Batongbakal on July 1, 2015, and residing in BF Homes, Paranaque
City;
2. That the petitioner, Joy Dayanghirang, is also of legal age, single and residing
at Golden Acres Village, Paranaque City;
3. That Amajoy Dayanghirang is a minor child, who was born on January 5,

2010, outside of wedlock of Amado and Joy;
4. That Amajoy is residing with her mother Joy;
5. That at the time of the conception and birth of Amajoy, Amado and Joy were
not disqualified by any impediment to marry each other;
6. That Amado and Marilyn have the following children:

a. Onyok Batongbakal
b. Omak Batongbakal
c. Ari Batongbakal
7. That the recognition of the child is to his best interest as petitioner Amado will
assume responsibility for his education and support;
8. That Amado and Joy have acknowledged Amajoy as their natural child in a
public document executed before Notary Public Atty. Felizardo Demayuga of
Paranaque City on February 5, 2018, a copy of which is attached hereto as
Annex “A” of this petition.
WHEREFORE, it is respectfully prayed the Honorable Court to approve the
voluntary recognition of Amajoy Dayanghirang as the natural child of Amado
Batongbakal and Joy Dayanghirang.
Paranaque City, Philippines this 13th day of May 2020.
Atty. Eden Dela Cruz

Counsel for the
Petitioners
Marcos Alvarez, Paranaque City
987
PTR 12345
IBP 6789
FORM NO.168 – PETITION FOR JUDICIAL CONSTITUTION OF FAMILY HOME
In Re: Petition for Judicial

Constitution of Family Home
Case No. 123456
CLYDEN MARTINEZ
Petitioner.
x------------------------------x
PETITION
COMES NOW petitioner by the undersigned counsel and to this Honorable Court
respectfully state:
(1) That CLYDEN MARTINEZ, is of legal age, married and residing at Brgy. Lanot,
Roxas City, Capiz
(2) That he is married to SAMANTHA VERA MARTINEZ, is the head of the family,
and is the full and absolute owner of a house and a lot situated at Brgy. Lanot,
Roxas City, Capiz.
(3) That the house and lot mentioned in the next preceding paragraph is the dwelling
where he and his family reside;
(4) That the estimated actual value of said property is ONE HUNDRED THOUSAND
PESOS ONLY (P 100,000.00);
(5) That the names and addresses of all creditors of petitioners and all of
mortgagees and other persons who have an interest in the property are the
following;
NAMES: RESIDENCES: NATURE OF

INTERESTS:
(6) That names of the beneficiaries of this family home, aside from petitioner, are the
following:
Name Relation to Petitioner

WHEREFORE, it is most respectfully prayed that an order issue judicially
constituting the property described in this petition as family home of petitioner and his
beneficiaries.
SUBSCRIBED AND SWORN to before me this 22nd day of August, 2008,

CLYDEN MARTINEZ, exhibiting to me his Driver’s License No. 000091823 issued on
July 5, 2007 at Roxas City, Capiz.
IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIXED MY

NOTARIAL SEAL ON THE PLACE AND DATE ABOVE-WRITTEN.
ATTY. ADONIS L. BUENAVISTA

Notary Public
IBP No: 1234567
FORM NO. 169. PETITION FOR DECLARATION OF ABSENCE
6th Judicial Region
Branch 16
Roxas City
In Re: Petition for Declaration Sp. Proc. No. Z-01234

of Absence of Juan Dela Cruz
Christine Reyes Dela Cruz

Petitioner
PETITION
COMES NOW petitioner, by the undersigned counsel and unto the Honorabe
Court, most respectfully alleges:
1. Petitioner is of legal age, Filipino Citizen and a resident of Barangay Milibili,
Roxas City;
2. That she was legally married to Juan Dela Cruz on December 2, 2003 at
Metropolitan Cathedral, Roxas City;
3. That Juan Dela Cruz, left the conjugal abode on March 10, 2018, and no news
about said absentee had been received since then;
4. That said absentee has properties situated at San Antonio Village, Barangay
Baybay, Roxas City, and has left no person in charge of the administration of the
same.
WHEREFORE, it is respectfully prayed that, after due publication and hearing, said
Juan Dela Cruz, be judicially declared an absentee.
Roxas City, Capiz, 13 May 2020.
ATTY. JOHN DOE

Clerk of Court V
FORM NO.170. PETITION FOR CORRECTION OF ENTRIES IN THE CIVIL
REGISTRY

6th Judicial Region
Province of Capiz
BRANCH 01
Roxas City
EDEN O. DELA CRUZ,

Petitioner,
SPL. PRO. NO. 1234
- versus – FOR: CORRECTION OF
ENTRIES IN THE CIVIL
REGISTRY
THE CIVIL REGISTRAR,
ROXAS CITY, CAPIZ.
Respondent.
x-----------------x
PETITION
COMES NOW, Petitioner, through the undersigned counsel, unto this

Honorable Court, most respectfully states:
1. That petitioner is a Filipina, of legal age, married, and a resident of

Brgy. Cogon, Roxas City, Capiz, Philippines;
2. That on April 2, 2020, she delivered a baby girl at the Roxas Memorial
Provincial Hospital;
3. That the nurse on duty at the Administrative Office of the Roxas

Memorial Provincial Hospital caused the registration of the birth of the
said child with the Civil Registrar of Roxas City, and erroneously
entered the gender of the child as a male, instead of female, which is
the correct gender of the said child;
4. That the true and correct gender of the petitioner’s child is a female,
contrary to the one appearing in her certificate of Live Birth which was
erroneously entered being a male.
WHEREFORE, it is most respectfully prayed to the Honorable Court to

correct the Certificate of Live Birth of petitioner’s child as regard her gender from
male as what is appearing in said Certificate of Live Birth, to female, which is the
true and correct gender of the said child.
Roxas City Philippines, May 15, 2020.
ROSE ROSIE
Counsel for the Petitioner
123 Burgos Street, Roxas City
ROLL NO. 9876
PTR No. 12345
MCLE No. 6789
January 2, 2020
Roxas City, Philippines
I, EDEN O. DELA CRUZ, Filipino, of legal age, married, and a resident of

Brgy. Cogon, Roxas City, Philippines, after having been duly sworn to in
accordance to law, do hereby depose and state:
1. That I am the petitioner in the above-entitled case;

2. That I have caused the preparation and filing of the foregoing Petition;
3. That I have read and understood all the allegations herein, and the
same are true and correct of my own personal knowledge and based
on authentic records;
4. That I have not heretofore commenced or filed any other action
involving the same issue in any court, tribunal or agency; that of my
own knowledge, no such action is pending in any court, tribunal or
agency; that should I hereafter learn of any such pending action, I
undertake to inform this Honorable Court of such fact within five (5)
days therefrom.
IN WITNESS WHEREOF, I hereunto affix my signature this 15 th day of

May 2020 in the City of Roxas, Philippines.
EDEN O. DELA CRUZ
Affiant
SUBSCRIBED AND SWORN to before me this 15 th day of May 2020 in the

City of Roxas, affiant exhibiting to me her UMID ID No. 12345.
MIA MAMA
Hall of Justice
Roxas City, Capiz
FORM NO. 171. COMPLAINT WITH PRAYER FOR PRELIMINARY ATTACHMENT

Branch 39, Manila
Republic of the Philippines )

City of Manila ) S.S.
COCO MARTIN
Civil Case No. 123456-A

Plaintiff, For: Collection of Sum
-versus-
KIM CHIU,
Defendant.
x---------------------------------------x
COMPLAINT WITH PRAYER FOR PRELIMINARY ATTACHMENT
Plaintiff thru counsel, and unto this Honorable Court, respectfully avers:
1. That both the plaintiff and the defendant are of legal age and residents of
the City of Manila;
2. That defendant herein owes the plaintiff the amount of EIGHT HUNDRED
THOUSAND PESOS (PhP 800,000.00) stemming from the transaction entered by the
parties for the sale of a second-hand car;
3. That the defendant has refused to pay the sum, despite timely and
consistent demand of the plaintiff;
4. That the court, in an earlier case decided in May 5, 2020 has already
adjudged the plaintiff deserving the amount prayed herein;
5. That the defendant is about to remove or dispose of his property, with
intent to defraud his creditors;
6. That plaintiff is willing to put up a bond for the issuance of a preliminary
attachment in an amount to be fixed by the court, not exceeding the sum of EIGHT
HUNDRED THOUSAND PESOS (PhP 800,000.00) which is the plaintiff’s claim herein.
WHEREFORE, it is respectfully prayed that, pending the hearing of the this

case, a writ of preliminary attachment be issued against the property of the defendant to
serve as security for the satisfaction of any judgment that may be recovered herein; and
that after due hearing on the principal cause of this action, judgment be rendered
against the defendant for the sum of EIGHT HUNDRED THOUSAND PESOS (PhP
800,000.00) with interest at the stipulated rate of 3% from May 5, 2020, plus costs of
this suit.
City of Manila. May 9, 2020.
JODI STA. MARIA

Attorney for the Petitioner
FORM NO. 172. COMPLAINT WITH APPLICATION FOR PRELIMINARY
INJUNCTION
TEMPORARY RESTRAINING ORDER AND INJUNCTIVE RELIEF

COMPLAINT
COMES NOW the plaintiff by the undersigned counsel, and unto this
Honorable Court, respectfully avers:
1. That plaintiff and defendant are both of legal age and residents of Lawaan
Roxas City, Capiz.
2. The facts of plaintiff’s showing:
a.) That the plaintiff is entitled to the relief demanded and the whole or part of
such relief consists in restraining the commission or continuance of the
acts complaint of, either for a limited period or perpetually; or
b.) That the commission or continuance of some act complaint of during the
litigation would probably work injustice to the plaintiff; or
c.) That the defendant is doing, threatening, or is about to do, or is procuring
or suffering to be done, some acts probably in violation of the plaintiff’s
rights respecting the subject of the action and tending to render the
judgment ineffectual;
3. That the plaintiff hereby applies for a writ of preliminary injunction to restrain
the defendant from the act herein complained of, and for this purpose hereby
offers a bond in such sum as this Honorable Court may fix.
WHEREFORE, it is respectfully prayed that, after due notice and hearing, a
preliminary injunction be issued forthwith to restrain defendant from doing the act herein
complaint of; namely, to probably violate the plaintiff’s rights; and that after trial, said
injunction be made permanent with costs, and with such further orders that are just and
equitable in the premises.
Roxas City, Capiz – May 15, 2020
Josefina Perez
(Attorney for the Plaintiff)
Lawaan Roxas City, Capiz

(Address)

PTR No. 12/issued at Roxas City/on May 5,
2018
IBP No. 30/issued at Roxas City/on June 20,
2018
FORM NO. 173. PETITION FOR INJUCTION AND/OR FOR PRELIMINARY
INJUCTION

8th Judicial Region
MUNICIPAL TRIAL COURT
Branch 11
Pambujan, N. Samar
ARLYN C. CLERIGO CIVIL CASE NO. 123456

Plaintiff,
-versus- for
AIZA C. MERCADER Recovery of Possession

Defendant With Prayer for
Preliminary Mandatory Injuction
X------------------------------X
COMPLAINT
Comes Now, Plaintiff through undersigned counsel unto the Honorable Court, most
respectfully states and avers: THAT-
1. Plaintiff is of legal age, married and resident of Brgy. Cababtoan, Pambujan, N.
Samar, where she may be served with summons, orders, notices and other court
processes that the Honorable Court may issue;
2. Defendant is likewise of legal age, and resident of Brgy. Cababtoan, Pambujan,
N. Samar, where she may be served with summons, orders, notices and other
court processes that the Honorable Court may issue;
3. Plaintiff is the true owner of a parcel of land situated in sitio Burabod, Brgy.
Cababtoan, Pambujan, N. Samar;
4. Plaintiff has been paying the real property taxes of the subject parcel of land
since 1997 up to the present as evidence by the certification issued by the Office
of Municipal Assessor of Pambujan, N. Samar;
5. On January 15, 2015, Plaintiff demanded from the Defendant and her family to
vacate the said subject property but the latter refuses and still continue to occupy
the property;
6. Despite numerous demands for her and her family to vacate, Defendant has
remained in illegal possession of the said land up to the present and still retain
such possession;
7. Defendant has been in possession over the parcel of land without any legal right.
In fact, it is herein Plaintiff who is paying the annual real property taxes of the
subject parcel of land. Defendant is enjoying the possession over the same to the
prejudice of the owner pf the parcel of land, considering that Plaintiff despite
wanting to;
8. Dues to unjust refusal of the Defendant to vacate and return the said land of the
Plaintiff, the latter was considered to endorse the said matter to his legal counsel
for filing of an appropriate action in the court and incurred attorney’s fees in the
amount of P10,000.00 and the amount of P 2,500.00 per court hearing;
9. This action is being filed within a period of two (2) years from the demand on
Defendant to vacate the said property.
PETITION FOR ISSUANCE OF THE WRIT OF PRELMINARY INJUNCTION

Plaintiff re-pleads all the foregoing allegations by way of reference in so far as they
are for the issuance of preliminary injunction.
1. That the Plaintiff is entitled to the relief demanded and the whole or part of such
relief consist in ordering the Defendant to deliver to the Plaintiff possession of the
land subject of this case;
2. That the continued possession or continuance of the unlawful acts complained of
during the litigation would cause irreparable damage to the Plaintiff who is
wrongfully prevented in entering and taking possession of her land;
3. That the Plaintiff is able and willing to put up an injunction bond in the sum fixed
by this Honorable Court, executed in favor of the defendant to the effect that the
Plaintiff will pay all damages which Defendant may suffer as a result of the
injunction if the court should finally decided thar Plaintiff is not entitled thereto;
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this Honorable
Court that pending final judgment, a writ of preliminary mandatory injunction be issued
ordering the Defendant to vacate and deliver to the Plaintiff the land describe under
paragraph 3 of the complaint and after due hearing making the injunction permanent
and further and after due notice ad hearing, judgment be rendered in favor of the
Plaintiff, as follows:
1. Ordering the Defendant, her servants and those residing and working under them
to vacate the subject property and to deliver possession thereon to the Plaintiff;
2. To pay the Plaintiff the sum of P 2, 000.00 a month until such time that the
subject parcel of land is delivered to the Plaintiff; and
3. Other reliefs just and equitable under the premises are likewise prayed for
San Jose, N. Samar, October 25, 2019.

Atty. DIANA FLOR L. DIVINA
Brgy. North, San Jose
Northern Samar
FORM NO. 174. REPLEVIN

ROXAS CITY
RECHARGE GOMEZ
Plaintiff,
Civil Case No. 14344

-versus- For: Replevin
BREAKING DAWN ZULUETA

Defendant,
x----------------------------------------------------x
COMPLAINT FOR RECOVERY OF PERSONAL PROPERTY

(Replevin)
COMES NOW, the Plaintiff, through the undersigned counsel in the above
entitled case and to this Honorable Court, respectfully avers:
10. That both the Plaintiff and Defendant are of age, and residents of Hemingway
Street, Roxas City and Legaspi Street, Roxas City, respectively.
11. That said plaintiff is the lawful owner of a certain personal property, a motor
vehicle particularly described as a 4 cylinder 2013 Nissan Navara valued at
P850, 000.00.
12. That said property has not been taken from the said plaintiff for tax assessment
or fine pursuant to law, or seized under an execution, or attachment against the
property of the Plaintiff (or if so seized, that it is exempted from such seizure);
13. That on Januray 5, 2020 the defendant rented the said property to be used in
defendant’s family outing promising to return the same after 3 days;
14. That on January 15, 2020, and for 10 days thereafter, the herein Plaintiff
demanded for the return of the said property but the defendant refused and
continues to refuse to do so;
15. That the herein Plaintiff is ready and willing to file a bond, executed to the
defendant in double the value of the property stated above, for the return of the
property to the Defendant if the return thereof be adjudged, and for the payment
to the Defendant of such sum as he may recover from the Plaintiff in the auction.
WHEREFORE, it is respectfully prayed that:
a. The subject property be delivered to the Plaintiff;

b. Defendant be made for the cost of this suit;
c. The Plaintiff be granted such other reliefs consistent with law and equity;
City of Roxas, Capiz, May 16, 2020.
ATTY. BARRY D. HATCHET

Counsel for the Plaintiff
Brgy. Lawaan, Roxas City

I, RECHARGE GOMEZ, of legal age and with residence at Hemingway Street,

Roxas City, after having been duly sworn, depose and say:
5. That I am the Plaintiff in the above entitled complaint;

6. That I have caused the preparation by my counsel of said complaint;
7. That I have read the allegations therein contained, and that the same are true
and correct of my personal knowledge or based on authentic records.
8. That I have not theretofore commenced any action or filed any claim involving the
same issues in any court, tribunal or any quasi-judicial agency and, to the best of
my knowledge, no such other action or claim is pending therein; and if I should
thereafter learn that the same or similar action or claim has been filed or is
pending to the court wherein the aforesaid complaint or initiatory pleading has
been filed.
Witness my hand this 16th day of May 2020 at City of Roxas, Capiz.
RECHARGE GOMEZ
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public in and for the
City of Roxas and the Province of Capiz this 16th day of May, 2020. Affiant personally
came and appeared with Driver’s License ID No. 986765 issued by the Land
Transportation Office and valid until October 13, 2022, at Roxas City, bearing his
photograph and signature, known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law to the whole truth of
the contents of said instrument.
ATTY. BARRY D. HATCHET

Notary Public-Roxas City
FORM NO. 175. COMPLAINT FOR SEPARATE SUPPORT WITH APPLICATION
FOR ALIMONY PENDENTE LITE
(Caption and Title)
COMPLAINT
COMES NOW the plaintiff, by the undersigned attorney, and unto this Honorable
Court, respectively avers:
1. That the plaintiff and the defendant are wife and husband, respectively,
having been married in _______________________on
__________________________;
2. That out of this wedlock, (state number) children were born, namely,
___________;
3. That up to __________________, the marital relations between the

plaintiff and the defendant were harmonious, until ____________ when the defendant
frequently (state reasons);
(Here state sufficient facts entitling plaintiff to a separate support)
4. That in view of this infidelity on the part of the defendant, the plaintiff was
compelled to live separately, with her minor children;
5. That the defendant earns a fixed monthly income of

____________________ Pesos; while the plaintiff and her children have nothing, and at
present live on the charity of friends;
6. That, in view of the necessities of the plaintiff and her minor children, the
sum of ___________ Pesos would be a reasonable amount for the support of the
plaintiff and her minor children, pendente lite;
7. That the plaintiff, without fault on her part, was compelled to file an action for
separate support, thereby having incurred the sum of _________Pesos by way of
Attorney’s fees.
WHEREFORE, it is respectfully prayed:
a) That pendent lite, the defendant be ordered to pay the plaintiff the sum of
__________Pesos per month;
b) That after due hearing on the principal cause of this suit, the defendant be
ordered to pay the plaintiff by way of regular support and maintenance the
sum of _____________Pesos, payable on or before the fifth day of each
month.
c) That the plaintiff recovers of the defendant the sum of __________Pesos for
Attorney’s fees, and the cost of this suit.
(place and date)
_____________________________
(Attorney for the
Petitioner)
______________________________
(Address)

PTR No.______/issued at ______/ on_______
IBP No.______/issued at ______/ on_______
FORM NO. 176. COMPLAINT AFFIDAVIT FOR VIOLATION OF B.P. BLG. 22
Pedro A. Cruz,
Petitioner,
-versus- Case No. 1233-45
John O. Gole ,
Respondent,
x-----------------------------------x
COMPLAINT
I, Pedro A. Cruz, of legal age and a resident of ____________, after being sworn
in accordance with law depose and say that:
1. On May 1, 2007, the respondent borrowed the amount of One Hundred
Thousand Pesos (P100, 000. 00) from me, obliging himself to pay that loan
on or before June 30, 2007. A copy of the promissory note which he made
and issued for that loan is hereto attached as Annex “A”.
2. That as payment of the said loan obligation, he issued to me a post-dated
check. A copy of the said check is hereto attached as Annex “B”.
3. Upon presentment for clearing/collection, that check was dishonored by the
drawee bank for the reason “Account closed/Drawn Against Insufficient
Funds.” The bank debit advice to that effect is hereto attached as Annex “C”.
4. Notice of Dishonor and Demand for payment were made upon the
respondent. However, the latter simply ignored them. A copy of the said
notice is hereto attached as Annex “D”.
5. I am executing this sworn statement for the purpose of charging the
respondent with having violated B.P. Blg. 22.
IN WITNESS WHEREOF, I have hereunto set my hand this __day of ___, 2___,
in the City of _____, Philippines.
(SGD.) PEDRO A. CRUZ
Complainant
SUBSCRIBED and sworn to before me, this __day of _____, in the City of
_________ by ____________ with Passport No. ____________, issued on
__________at __________.
NOTARY PUBLIC
Doc. NO. __
Page No. __
Book No. __
Series of ___
I hereby certify that I have personally examined the affiant and that I am
convinced that he voluntarily executed the foregoing affidavit and that he understood
the contents thereof.
(Sgd.) ATTY. MARIA MAMARIL

FORM NO. 177. INFORMATION FOR VIOLATION OF B.P. BLG. 22

REGIONAL TRIAL COURT OF PASAY CITY
BRANCH 01
PEOPLE OF THE PHILIPPINES

Plaintiff
Criminal Case No. 0556
-versus-
Violation of B.P. Blg. 22
BONG GO
Accused,
x----------------------------------------x
INFORMATION
The undersigned prosecutor hereby accuses BONG GO with having violated B.P.
Blg. 22, which he committed as follows:
That on or about May 14, 2020, in the City of Pasay, within the jurisdiction of
this court, the accusEd did then and there draw and issue Landbank of the
Philippines- Roxas Boulevard Branch Check No. 54321 dated May 14, 2020, I
favor of one Rodrigo Duterte purportedly in payment of a loan, which check upon
presentment for clearing/collection was dishonored by the drawee bank for
the reason “Account Closed/Drawn Against Insufficient Fund”, and which check the
accused failed to replace with cash within five (5) days from notice of dishonor.
CONTRARY TO LAW.
May 14, 2020, Pasay City, Metro Manila
(SGD.) JOHNNIE LOU B. DARIAGAN

City Prosecutor
FORM NO. 178 INFORMATION IN CASE OF PRIVATE CRIMES

6th Judicial Region
Branch 6
Roxas City, Capiz
PEOPLE OF THE PHILIPPINES
-versus- Criminal Case No.:

124303
For: RAPE (Article 266-A
of
the Revised Penal Code,
as amended)
MAXIMIANO JIMENEZ
Accused
x-------------------------------------------x
INFORMATION
The undersigned Prosecutor, upon sworn complaint of the offended party hereby
accuses Maximiano Jimenez, a resident of Brgy. Bolo, Roxas City, Philippines with
having violated Article 266-A of the Revised Penal Code, as amended, which he
committed as follows:
On 9 April 2020, in the City of Roxas, Province of Capiz, within the jurisdiction of
this court, AAA had been alone in their house from school when her father arrived. After
taking a bath, the accused dragged AAA to the room, laid her on the bed, removed her
undergarments, placed himself on top of her and by means of and intimidation, wilfully,
and feloniously did lie and succeeded in having carnal knowledge of her. AAA could not
scream in protest, cowered into silence by appellant's threat to kill her,
Then again on 15 April, AAA had been sleeping with her mother and siblings in
the living room when woken by the sensation of the accused lying down next to her and
inserting his finger into her female part. The accused then placed himself on top of her
and had carnal knowledge of her.
Contrary to the law.
2020 in Roxas City.
HARLENA DELA VEGA

VERFICATION AND CERTIFICATION

CITY OF ROXAS ) S.S.
I, _________________, Filipino, of legal age residing at Km. 1, Brgy. X, Roxas

City, after being sworn to in accordance with law, deposes and says that:
knowledge and authentic records,
3. I have not commenced any action or filed any claim involving the same issues in
any court, tribunal or quasi-judicial agency and, to be the best of my knowledge, no
such other action or claim is pending in them; and
4. If I should learn that same or similar action or claim has been filed or is pending
after its filing, I shall report that fact within five (5) days from notice to the court or where
the complaint or initiatory pleading has been filed.
2020 in Roxas City.
HARLENA DELA VEGA

SUBSCRIBED AND SWORN to before me, this 15th day of May, in the City of Roxas by
Stephen T. Alquiza, with Passport No. 1234456 issued on January 5, 2020 at Iloilo City.
Doc. No. _____; ATTY. RIO D. DUMALAON

Page No. _____; Notary Public for Roxas City
Book No. _____; Commission Serial No.
Seies of 2020. Until December 31, 2020
Roll of Attorney
IBP No.
PTR No.
FORM NO. 179 INFORMATION FOR HOMICIDE

Branch 147
Makati City
PEOPLE OF THE PHILIPPINES,

Plaintiff,
Crim Case No. 123456
-versus-
for
Homicide
AKU SADO,
Accused.
x----------------------------------x
INFORMATION
The undersigned accuses AKU SADO of the crime of the homicide, committed as
follows:
That on or about 8:30 p.m. of January 12, 2020 in the City of Makati, within the
jurisdiction of this court, the accused did then and there, willfully, unlawfully, and
feloniously, and with intent to kill LUGI AKOH, assault, attack, and wound the said LUGI
AKOH with s jungle knife, directing blows against the vital parts of the body of the latter,
thereby inflicting upon him 15 wounds, which directly caused the death of said LUGI
AKOH.
Contrary to law.
Makati, Philippines, January 22, 2020.
ATTY. BEN TUSO

City Prosecutor
Witnesses:
MARIA PALAD
JUAN TAMOD
CERTIFICATION
I hereby certify that a preliminary investigation was conducted in the above-entitled

case, and there is prima facie evidence that the crime of Homicide has been committed
and that the accused is probably guilty thereof.
ATTY. BEN TUSO

City Prosecutor
Bail Recommended: None

FORM NO. 180. INFORMATION FOR MURDER
(Caption and Title)

INFORMATION
The undersigned accuses Pedro Cruz of the crime of the MURDER, committed
as follows:
That on or about ____________ in the ___________________, within the
jurisdiction of this court, the accused did, then and there, with malice aforethought and
with deliberate intent to take the life of _____________________________, willfully,
unlawfully, feloniously, suddenly, unexpectedly, and treacherously attack the latter with
a knife, first wounding him in the chest, and afterwards, when enfeebled and unable to
defend himself, again in the stomach, both wounds being necessarily mortal, thereby
causing the direct and immediate death of said ______________________________.
CONTRARY TO LAW.
(place and date)
_______________________
Provincial Prosecutor
Witnesses:
_______________________
_______________________
FORM NO. 181. INFORMATION FOR PHYSICAL INJURIES (LESS SERIOUS)
(Caption and Title)
INFORMATION
The undersigned accuses ____________ of serious physical injuries, committed
as follows:
That on or about __________ in the _________, within the jurisdiction of this
court, the accused did, then and there, willfully, unlawfully, feloniously attack and use
personal violence upon one _____________ by then and there stabbing him with a
pocket-knife, thereby inflicting upon the latter lacerated wounds on the left ear and left
forearm, which caused the illness of the said __________ for more than 30 days, and
incapacitated him from performing his customary labor for the same period of time.
CONTRARY TO LAW.
(Place and date)
___________________
Provincial
Prosecutor
Witnesses
_______________________
_______________________

Legal Forms 131 181

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Legal Forms 131 181

Uploaded by

Copyright:

Available Formats

FORM NO. 131.

EX PARTE MOTION TO ORDER THE PUBLIC PROSECUTOR TO

____________ Judicial Region

________________ TRIAL COURT

Branch _____, _____________, _____________

-versus- Civil Case No ____________________

EX PARTE MOTION TO ORDER THE PUBLIC PROSECUTOR TO

Republic of the Philippines

ADAM D. DELA CRUZ,

Petitioner, through counsel, most respectfully states:

WHEREFORE, it is most respectfully prayed that the service of summons to the

IN WITNESS WHEREOF, I hereunto set my hand on this 14 th day of May, 2020

Republic of the Philippines

Regional Trial Court

City of Roxas, Branch 19

COMES NOW complainant, assisted by counsel, and to this Honorable Commission

WHEREFORE, it is most respectfully to this Honorable Commission that the above-

(Date, place and signature)

(State the Reason)

WHEREFORE, it is most respectfully prayed the appearance of the undersigned

(Place, date and signature)

Republic of the Philippines

PEOPLE OF THE PHILIPPINES,

TO: Amado Batongbakal – 789 Sta. Cruz, Dumalag, Capiz

FAIL NOT UNDER PENALTY OF LAW.

Republic of the Philippines

Akihiro Leonel Juarez

To: AKIHIRO LEONEL JUAREZ

FAIL NOT UNDER PENALTY OF LAW.

WITNESS MY HAND AND SEAL this 1st day FEBRUARY, 2019.

ATTY. KALIX JACE MARTINEZ

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

MA. JOANA BOLIDO POSADAS

ATTY. JUAN B. DELA CRUZ

4. That my failure and inability to file an Answer of time is attributed to the

b. That since I did not personally receive the Summons issued to me

6. That I have a valid and meritorious defenses as shown by the allegations in

7. That a grave miscarriage of justice will result if I will not be given an

9. That I am executing this Affidavit of Merit in support of my Urgent Motion for

IN WITNESS WHEREOF, I hereunto affix my signature this 15 th day of May

EDEN O. DELA CRUZ

SUBSCRIBED AND SWORN to before me this 15 th day of May 2020 in the

Republic of the Philippines )

AFFIDAVIT OF PROOF OF SERVICE

Juana Lopez Lawaan Roxas City, Capiz

IN WITNESS WHEREOF, I have hereunto set my hand this 15 th day of May,

Doc No. 1; NOTARY PUBLIC

REPUBLIC OF THE PHILIPPINES

- versus - Civil Case No. ____________________

PLAINTIFF, by counsel and to this Honorable Court, respectfully alleges:

2) On 25 August 2017, Y subscribed to 5,000 shares of stock of plaintiff, with par

3) On or about 3 September 2017, a certain Z called on plaintiff ’s corporate

5) Confronted with the conflicting claims of ownership of said shares of stock,

WHEREFORE, it is respectfully prayed for of this Honorable Court:

a) To issue an order summoning the defendants to interplead with one

b) To allow plaintiff to recover his expenses of litigation and attorney’s fees

Other reliefs just and equitable are likewise prayed for.

Quezon City, September 6, 2017

Counsel for Plaintiff

VERIFICATION AND CERTIFICATION

REPUBLIC OF THE PHILIPPINES )

Quezon City, September 6, 2017

Branch _, _, _____

I, _of legal age, married, residing at ___________, after