UNIVERSITY OF NUEVA CACERES

SCHOOL OF LAW

SAMPLE PLEADINGS

(Legal Writing Course Finals Requirement)

Auro, Aldrix Levy

Loreley San Jose
Kain'ech Sañogreba

Atty. Eljayjose Barrameda

Instructor
Republic of the Philippines )
Naga City ) s.s.

COMPLAINT-AFFIDAVIT

I, Anna Fritz, Filipino, Female, of legal age, and a resident of Naga City,
Philippines, after being sworn to in accordance with law, depose and state:

1. That Juan Dela Cruz, at the time of the crime, once resided in Naga State
Asylum and was suffering from psychosis due to drug abuse;

2. That he was once a suitor of mine before his time at the asylum;

3. That three days before the commission of the crime, Juan Dela Cruz was
dismissed from the asylum due to having been healed of his psychosis, herein
records of the dismissal attached as “Annex A”;

4. That in the morning of April 1, Juan Dela Cruz stole my bag while I was
walking at the local park without a proper reason;

5. That he also dragged me at a dark alleyway and nearly forced me to illegally

commit sexual intercourse with him lest he kill me, only for the entire ordeal to be
cancelled due to the police arriving early;

6. That testimonials from various eyewitnesses and a report from the local police
authority confirmed that on such dates such incident occurred, herein attached as
“Annex B”;

7. That Dr. John Doe, the head doctor at Saint Nick Hospital, described such
physical abuse to be serious physical injury that could have resulted to my death if
it wasn’t treated early. A medical certificate was issued by said hospital signed by
the shift doctor, hereby attached as “Annex C”;

8. That a Complaint was filed under RTC Branch 41 on April 11, 2019 for crime
against Art 310 of RPC or Qualified theft, filed Complaint attached “Annex D”;

9. I am therefore executing this Complaint-Affidavit to request the court a

restraining order, to prohibit Juan Dela Cruz from threatening to commit or
committing, personally or through another, any of the acts mentioned in Sec. 5 of
R.A. 9262;

TO THE TRUTH OF THE FOREGOING, I have hereunto set my hand

this 15th day of December 2019 at Naga City, Philippines.

REGINA DELA CRUZ

Affiant-Complainant

SUBSCRIBED AND SWORN to me this 12th day of December 2019,

affiant exhibiting to me her Student ID no. 34344465 issued on September 21,
2019, at Naga City.

CERTIFICATION

This is to certify that I have personally examined the affiant and I am

satisfied that he understood this complaint-affidavit and that he voluntarily
executed the same.

GAY BOWSER
Assistant City Prosecutor
Republic of the Philippines )
Naga City ) s.s.

COUNTER-AFFIDAVIT

I, JUAN DELA CRUZ, Filipino, Male, of legal age, and a resident of Naga
City, Philippines, after being sworn to in accordance with law, depose and state:

1. I was charged with Serious Qualified theft under Art 310 of R.P.C. and of R.A.
9262 Violation of Violence against women and children attached “Annex A”;

2. That on December 15, 2019, a complaint-affidavit for permanent protection

order was filed by herein petitioner;

3. I deny such allegations of the petitioner that I urged her to do sexual intercourse
with me as stated in the complaint-affidavit;

4. That the police officer arrested me at the same spot where I assaulted her while
not being under a lucid state;

5. That upon careful examination by Dr. Joe mama after the incident, assistant
doctor of St. Nick Hospital, It was confirmed that before the act was done I under a
lucid interval, herein attached a statement of the Doctor being “Annex B”;

6. That I should be exempted of any criminal liability as I did not act during a lucid
interval upon the commission of the crime under Par. 1 of Art. 12;

7. That there is no need for any protection or restraining order to be issued because
I do not intend to hurt or cause in harm to the petitioner in whatever form;

TO THE TRUTH OF THE FOREGOING, I have hereunto set my hand

this 5th day of January 2020 at Naga City, Philippines.

JUAN DELA CRUZ

Affiant-Complainant
 SUBSCRIBED AND SWORN to me this 12th day of December 2019,
affiant exhibiting to me his Driver’s License no. 232323689 issued on February 2,
2016, at Naga City.

CERTIFICATION

This is to certify that I have personally examined the affiant and I am

satisfied that he understood this complaint-affidavit and that he voluntarily
executed the same.

ATTY. ALDRIX LEVY AURO

Assistant City Prosecutor

Doc. No.
Page No.
Book No.
Series of 2020.
 Republic of the Philippines
DEPARTMENT OF JUSTICE
Office of the City Prosecutor
Naga City

Anna Fritz,
Complainant,

I.S. No. B-420 – 69

- versus - For: Protection Order
(Sec.8, R.A. 9262, R.A. 120)
Juan Dela Cruz
Respondent.
x------------------------x

REPLY

COMES NOW, Anna Fritz, unto the Honorable Prosecutor, most

respectfully aver and state:

1. That in view of the reply the counter-affidavit submitted by the respondent in I.

S. No. B-420-69 I hereby reiterate and incorporate herein my allegations in my
earlier complaints-affidavit filed against the answering respondent;

2. That the argument raised by the respondent in the counter affidavit is that his
actions are not criminal in nature but due to insanity;

3. That there can be no conclusion other than the fact that the respondent willfully,
unlawfully, feloniously committed serious physical injuries against the petitioner;

4. That the rest of the allegations in respondents’ counter affidavit are unreliable
and are designed to release the accused from any criminal liability;
5. That the allegations of the accused that he had his sanity lost during the assault
was unconfirmed as there were no statement from any proper authority to validate
during the that time of the commission of the crime, he was not acting during a
lucid interval;
 WHEREFORE, premises considered, it is hereby prayed that the
corresponding information for a violation of R.A. 9262 and R.A. 120 be promptly
filed with the proper court.

Other just and equitable reliefs are likewise prayed for.

IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of

February, 2020 at Naga City, Philippines.

ANNA FRITZ
Complainant

SUBSCRIBED AND SWORN to before me this 27th day of February,

2020, at Naga City, Philippines, and I hereby certify that I have personally
examined the affiant and that I am satisfied that she voluntarily executed and
understood her affidavit.

ATTY. ALDRIX LEVY AURO

Notary Public
Until January 2, 2021
PTR No. 234567 1/1/20
IBP No. 5454 1/1/20
ROA 33226

Doc. No.
Page No.
Book No.
Series of 2020.
 Republic of the Philippines
DEPARTMENT OF JUSTICE
Office of the City Prosecutor
Naga City

Anna Fritz,
Complainant,

I.S. No. B-420 – 69

- versus - For: Protection Order
(Sec.8, R.A. 9262, R.A. 120)
Juan Dela Cruz
Respondent.
x------------------------x

REJOINDER

COMES NOW, Pedro Santos, unto the Honorable Prosecutor, and by way
of a Rejoinder, most respectfully aver that:

1. This Rejoinder is being filed with the Office of the City Prosecutor considering
that Reply filed by the complainant disregards the fact that the acts committed by
respondent are psychotic in nature;

2. Such points to no other conclusion that what transpired is a purely psychotic and
respondent is not criminally liable;

3. There appears neither a valid nor a cogent reason to proceed with the filing of
the information as there is a lack of merit on the case of the complainant.

WHEREFORE, premises considered, it is hereby prayed that the

corresponding information for a violation of R.A. 9262 and R.A. 120 be promptly
dismissed.

Other just and equitable reliefs are likewise prayed for.

 IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of
February, 2020 at Naga City, Philippines.

JUAN DELA CRUZ

Complainant

SUBSCRIBED AND SWORN to before me this 20th day of March, 2020,

at Naga City, Philippines, and I hereby certify that I have personally examined the
affiant and that I am satisfied that she voluntarily executed and understood her
affidavit.

ATTY. ALDRIX LEVY AURO

Notary Public
Until January 2, 2021
PTR No. 547898 20/3/20
IBP No. 4343 20/3/20
ROA 229674

Doc. No.
Page No.
Book No.
Series of 2020.
 Republic of the Philippines
DEPARTMENT OF JUSTICE
Office of the City Prosecutor
Naga City

Anna Fritz,
Complainant,

I.S. No. B-420 – 69

- versus - For: Protection Order
(Sec.8, R.A. 9262, R.A. 120)
Juan Dela Cruz
Respondent.
x------------------------x

SUR-REJOINDER

COMES NOW the complainant, Anna Fritz, through counsel, unto the
Honorable Prosecutor, and by way of a Sur rejoinder, respectfully aver and state
that:

1. This Sur rejoinder is being filed with the Office of the City Prosecutor
considering that Rejoinder filed by the respondent disregards the fact that his
actions are criminal in nature and not in any way defensive in nature.

PREMISES CONSIDERED, it is respectfully prayed that the Office of the

City Prosecutor files the information against the herein respondent.

Other just and equitable reliefs are likewise prayed for.

Naga City, March April 1, 2020.

 Respectfully submitted,

ATTY. JOSEPH GOEBBELS

Counsel for Complainant
Roll No. 6R54545
PTR No. 4343/04-04-19/Marikina City
IBP No. 76769/06-03-19/Marikina City
MCLE No. 53368/09-03-19/Marikina City

Copy furnished:

Juan Dela Cruz – Naga

Naga City
 Republic of the Philippines
DEPARTMENT OF JUSTICE
Office of the City Prosecutor
Naga City

Anna Fritz,
Complainant,

I.S. No. B-420 – 69

- versus - For: Protection Order
(Sec.8, R.A. 9262, R.A. 120)
Juan Dela Cruz
Respondent.
x------------------------x

MOTION FOR CLARIFICATORY QUESTIONS

Accused Pedro Santos, through the undersigned counsel and unto the
Honorable Prosecutor, most respectfully avers:

1. That he is the accused in the above-entitled case of the crime of violation of RA

9262 and RA 120 committed against Anna Fritz;

2. That the Complaint-Affidavit contains matters that are vague and may
jeopardize the Constitutional rights of the accused.

WHEREFORE, it is respectfully prayed that the respondent be allowed to

ask clarificatory questions upon the complainant and the complainant’s counsel.

Other just and equitable reliefs are likewise prayed for.

May 12, 2020. Naga City

 Respectfully submitted,

ATTY. BAGOLF JITLER

Counsel for Respondent
Roll No. 6R54545
PTR No. 4343/04-04-19/Marikina City
IBP No. 76769/06-03-19/Marikina City
MCLE No. 53368/09-03-19/Marikina City
 NOTICE OF HEARING

ATTY. JOSEPH GOEBBELS

Counsel for Complainant
Naga City

Dear Sir,

Greetings!

Please take notice that on Friday, August 12, 2020, at the Regional Trial
Court Branch 41 at 12 o’clock p.m., or as soon thereafter as counsel can be heard,
the undersigned will submit the foregoing motion for the approval of the court.

Naga City, Philippines. August 6, 2020

ATTY. BAGOLF JITLER

Counsel for Respondent
Roll No. 6R54545
PTR No. 4343/04-04-19/Marikina City
IBP No. 76769/06-03-19/Marikina City
MCLE No. 53368/09-03-19/Marikina City
 Republic of the Philippines
DEPARTMENT OF JUSTICE
Office of the City Prosecutor
Naga City

Anna Fritz,
Complainant,

I.S. No. B-420 – 69

- versus - For: Protection Order
(Sec.8, R.A. 9262, R.A. 120)
Juan Dela Cruz
Respondent.
x------------------------x

RESOLUTION

SUBMITTED for resolution is a complaint for violation of R.A. 9262 or the

allegedly committed during February 1, 2019, at Naga City, supported by the
sworn statement of the complainant and her witness and photocopies of the police
report of the incident.

In his statement, the complainant alleges that, during said time and place, the
respondent, motivated by malice against the said complainant by means of stealing
her belongings, then forcibly grabbing her and kicking her at the back, and then
dragging her to a dark alleyway to and was nearly able to commit illegal sexual
intercourse with her without any means from the complainant to defend herself

However, the respondents claim that, the filing of the complaint does not
carry any criminal liability since the act was performed during a psychotic episode
under Par. 1 of Art. 12.

In the evaluation of the complainant’s evidence, it is clear that the physical

abuse done by respondent are unlawful and felonious. Respondent, lacking any
clear proof that he was under a psychosis during the commission of the crime, thus
also lacks any defense to disprove of his liability.
 IN LIGHT OF THE FOREGOING, the undersigned finds sufficient cause
to hold the respondent PEDRO SANTOS to stand for trial for VIOLATION OF
THE VIOLENCE AGAINST WOMAN AND CHILDREN as defined and
punished under RA 9262 and for QUALIFIED THIEVERY as defined and
punished under RA 120.

Naga City, July 02, 2020.

Hanny Von Kraut

Assistant City Prosecutor

Approved:

Sans Heil
City Prosecutor
 Republic of the Philippines
DEPARTMENT OF JUSTICE
Office of the City Prosecutor
Naga City

Anna Fritz,
Complainant,

I.S. No. B-420 – 69

- versus - For: Protection Order
(Sec.8, R.A. 9262, R.A. 120)
Juan Dela Cruz
Respondent.
x------------------------x
INFORMATION
The undersigned Assistant City Prosecutor of Naga City, upon prior written
authority of the City Prosecutor, accuses JUAN DELA CRUZ, of violation of RA
9262 and RA 120, committed as follows:

That on April 1 2019, in Naga City, Philippines, and within the jurisdiction
of this Honorable Court, the said accused willfully, unlawfully and feloniously
stole the complainant’s personal belongings all the while physically assaulting her,
and dragging her to a dark alleyway where he almost sexually assaulted her, only
to be stopped and apprehended by local authorities.

Contrary to law.

Naga City, August 25, 2020

Hanny Von Kraut
Assistant City Prosecutor
Witnesses:
1. Juan Dela Cruz. -
2. Anna Fritz. -

Naga City,
Philippines
BAIL RECOMMENDED: P 70,000.00.