Prac MT Rev

REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH ____
Mr. X Case no. _____

Plaintiff For: __________
- Versus –
Mr. Y
Defendant
x----------------------------x
COMMENT/ OPPOSITION
Defendant, by counsel, states that:
1. Summons was served to him on May 3, 2021 and he has until June 3,
2021 to file his responsive pleading;
2. Unfortunately, defendant failed to file his Answer within the period

because he was hospitalized due to _____;
3. It was only after he was discharged from the hospital that he was able
to engage the services of a lawyer to file his Answer;
4. (provision of law/jurisprudence) A party declared in default may at

any time after notice thereto and before the judgment, file a motion
under oath to set aside the order of default upon proper showing that
his or her failure to answer was due to fraud, accident, or excusable
negligence and that he or she has a meritorious defense. [S3(b) R9]
PRAYER
Defendant respectfully prays that:

1. Court takes note of this Comment/ Opposition
2. Deny the Motion to Declare Defendant in Default dated ____ filed

by plaintiff
3. Allow defendant to file his Answer within a period as may be
allowed by the Court
Other equitable reliefs are likewise prayed for.
(Date), Quezon City for Manila
By:
(sgd)
Atty. W
Roll No.
IBP No.
PTR No.
MCLE Compliance No.
Copy furnished:
Atty. A
Counsel for Plaintiff
(Address)
EXPLANATION
A copy of this motion was filed and served via registered mail
(accredited courier) because of lack of manpower/geographical distance.
(signed)
Atty. W
BRANCH ____

Plaintiff For: Sum of Money
- Versus –
Mr. Y
Defendant
x----------------------------x
MOTION TO DECLARE DEFENDANT IN DEFAULT
Plaintiff, by counsel, respectfully states that:
1. Plaintiff, on June 16, 2022, filed a Complaint for a Sum of Money

against Mr. Y, defendant for the recovery of P500,000.00;
2. On June 20, 2021, summons was personally served to the

defendant as evidenced by the signature on the summons;
3. Defendant has until July 20, 2021, within which to file an Answer;
4. Upon verification with the records of the case, it appears that

Defendant has not filed his Answer during the reglementary
period;
5. Sec. 1 Rule 11 of the Rules on Civil Procedure provides that the

defendant shall file his or her answer within thirty (30) calendar
days after service of summons unless a different period is fixed by
the court;
6. Sec. 3 Rule 9 of the Rules on Civil Procedure provides that if the

defending party fails to answer within the time allowed therefore,
the court shall, upon motion of the claiming party with notice to
the defending party, and proof of such failure, declare the
defending party in default. xxx
PRAYER
Plaintiff respectfully prays that:
1. An Order be issued declaring Defendant, Mr. Y, in default;
2. The plaintiff be allowed to present his evidence Ex Parte;
(date) (place)
By:
(signed)
Atty. W
Roll No.
IBP No.
PTR No.
MCLE Compliance No.
BRANCH ____

- Versus –
Mr. Y
Defendant
x----------------------------x
ENTRY OF APPEARANCE
Undersigned counsel respectfully enters its appearance as counsel

for (plaintiff/defendant) in the above-captioned case.
It is requested that all pleadings, orders, and notices be served in

the address indicated below.
Respectfully submitted.
(date) (place) ABC LAW FIRM

12th Floor, T Building
Ayala Ave. Makati City
Tel No.:
Email Address:
(signed)
Atty. W
Roll no.
IBP no.
PTR no.
MCLE Compliance:
Copy furnished:
Atty. A
(Address)
EXPLANATION
(signed)
Atty. W
BRANCH ____

- Versus –
Mr. Y
Defendant
x----------------------------x
WITHDRAWAL OF APPEARANCE
Undersigned counsel respectfully withdraws its appearance as

counsel for (plaintiff/defendant/petitioner/respondent) in the above-
captioned case.
It is requested that undersigned be relieved of all the legal

obligations as such.
(date) (place)
By:
(signed)
Atty. W
Roll no.
IBP no.
PTR no.
MCLE Compliance:
With conformity:
(client)
Copy furnished:
Atty. A
(Address)
EXPLANATION
(signed)
Atty. W
BRANCH ____

- Versus –
Mr. Y
Defendant
x----------------------------x
NOTICE OF DISMISSAL
Plaintiff, by counsel, respectfully notifies this Honorable Court that

plaintiff intends to dismiss the present action filed against defendant on the
ground of misapprehension of facts.
(date) (place)
By:
(signed)
Atty. W
Roll no.
IBP no.
PTR no.
MCLE Compliance:
With conformity:
(client)
Copy furnished:
Atty. A
(Address)
EXPLANATION
(signed)
Atty. W
BRANCH ____

- Versus –
Mr. Y
Defendant
x----------------------------x
MOTION TO DISMISS
(under Section 2, Rule 17)
Plaintiff by counsel, respectfully states that:
1. Plaintiff filed this case on ______;
2. Summons was personally served upon defendant on _____;
3. Answer was personally served upon him on ______;
4. After the filing of the present case, plaintiff realized that there has
been a misapprehension of facts on his part;
5. Upon thinking deeper on the legal repercussions of this case, he sees

no reason to continue the case;
6. This motion was filed not to delay the proceedings but

necessitated only by the said reason/s;
Aaa
7. (rules)
PRAYER
Plaintiff prays that:
1. The case be dismissed
(date) (place)
By:
(signed)
Atty. W
Roll no.
IBP no.
PTR no.
MCLE Compliance:
Notice of Hearing and

Copy furnished:
Branch Clerk of Court

Regional Trial Court of Manila, Branch ___
(address)
Atty. A
(Address)
Greetings!
Please be informed that the present motion is submitted for the consideration
of this Honorable Court on (date) (place)
(signed)
Atty. W
Demand Letter
(date)
Mr. _____
(address)
Dear Mr. ______;
Our client, ______ endorsed to us the matter of your unsettled

payment in the amount of _____, representing the amount reflected in our
Contract of Loan dated ______.
Despite repeated demands, you still failed and refused to pay the
amount up to present.
In view thereof, you are given the period of (how many days) upon
receipt of this demand letter to pay the amount of _____ plus (interest, if
there is any depending on the agreement). Otherwise, we shall be
constrained to file the necessary legal actions(s) against you to collect the
said amount plus attorney’s fees as well as litigation costs.
For any inquiries, you may contact me on the above-listed telephone

numbers.
Very truly yours,

(name)
SPECIAL POWER OF ATTORNEY
THIS SPECIAL POWER OF ATTORNEY IS ENTERED BETWEEN:
MR. A, ____________________________.
The Principal
And
MR. A, ____________________________.
The Agent
(OR)
Mr. A (name of Principal), of legal age, single/married, Filipino,

residing at (address), do hereby appoint, name and constitute (name of
agent), likewise of legal age, married, with residence at (address) to be my
true and lawful attorney-in-fact to act for and in my stead, to do and perform
the following acts:
1. To sell, assign and dispose of a parcel of land covered by TCT No.

12345, situated at Tondo, City of Manila, Philippines, including the
improvements thereon under such terms and conditions acceptable to
my Attorney-in-Fact;
2. To sign, execute and deliver the necessary Deed of Sale covering such
sale including any and all documents that may be necessary or
required thereto and to deliver possession of the property to said
vendee;
3. To receive the proceeds of the sale, either in cash or in check and to
pay expenses for capital gains, real property tax, and any and all such
expenses that may be agreed upon between the vendee;
4. To do such any other acts or things that may be required
necessary or incidental to carry out effectively any and all of the
purposes for which this authority is hereby given;
(date) (place)
Principal Agent
Witness
DEED OF RELEASE, WAIVER AND QUITCLAIM
I, _________, of legal age, Filipino, and a resident of ____________,

hereby declare and manifest:
That (name of the company/ person) have already settled its

obligations wand in this regard, I have the intention to completely and
absolutely waive all my right of action, causes of action, claims and
demands, of whatever nature, arising from, or in connection with my
obligations as a bus conductor in the said companies.
I further warrant that I will institute no further action against the said
corporations and its employees, officers and stockholders arising from, by
reason of, or in connection with, my previous employment.
IN WITNESS WHEREOF, I have hereunto set my hands this (date)

in (place)
(name)
SUBSCRIBED AND SWORN TO before me this (date) affiant

having exhibited to me his/her (valid ID) No. __________ issued at
__________ as competent evidence of his identity.
Atty. X
NOTARY PUBLIC
Commission Expires on:
Roll no.
IBP no.
PTR no.
MCLE Compliance:
BRANCH ____

- Versus –
Mr. Y
Defendant
x----------------------------x
MOTION TO DECLARE WAIVER OF RIGHT TO PRESENT

EVIDENCE
Defendant, through counsel states that:
1. On December 3, 2018, Mr X filed a case for collection of sum of

money against Mr. Y before the Regional Trial Court of Manila,
Branch 33;
2. After service of summons, Mr. Y timely filed his Answer prompting
the court to issue an Order setting the case for Pre-Trial on February
14, 2019;
3. The initial hearing for the presentation of plaintiff’s evidence was set
on February 3, 2019;
4. During the hearing on February 28, 2019, Atty. A moved for the
cancellation of the hearing;
5. The Court reset the presentation to March 22, 2019;
6. Atty. A manifested that Miss B could not attend the hearing because
of a previous commitment;
7. after being warned by the court that the presentation of evidence shall
still be accomplished on March 22, 2019, the defendant still failed to
present evidence;
8. that under the Rules of Court a defendant who cannot present his
evidence on the specified date shall be deemed to have waived his
right to present his evidence
PRAYER
Defendant prays that:
1. the plaintiff be declared to have waived his right to present evidence
other equitable reliefs are likewise prayed for
(date) (place) By:

(signed)
Atty. W
Roll no.
IBP no.
PTR no.
MCLE Compliance:
Notice of Hearing and

Copy furnished:
Branch Clerk of Court

Regional Trial Court of Manila, Branch ___
(address)
Atty. A
(Address)
Greetings!
Please be informed that the present motion is submitted for the consideration
of this Honorable Court on (date) (place)
(signed)
Atty. W

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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

Mr. X Case no. _____

Defendant, by counsel, states that:

2. Unfortunately, defendant failed to file his Answer within the period

4. (provision of law/jurisprudence) A party declared in default may at

Defendant respectfully prays that:

2. Deny the Motion to Declare Defendant in Default dated ____ filed

Other equitable reliefs are likewise prayed for.

(Date), Quezon City for Manila

Mr. X Case no. _____

MOTION TO DECLARE DEFENDANT IN DEFAULT

Plaintiff, by counsel, respectfully states that:

1. Plaintiff, on June 16, 2022, filed a Complaint for a Sum of Money

2. On June 20, 2021, summons was personally served to the

4. Upon verification with the records of the case, it appears that

5. Sec. 1 Rule 11 of the Rules on Civil Procedure provides that the

6. Sec. 3 Rule 9 of the Rules on Civil Procedure provides that if the

Plaintiff respectfully prays that:

1. An Order be issued declaring Defendant, Mr. Y, in default;

2. The plaintiff be allowed to present his evidence Ex Parte;

Other equitable reliefs are likewise prayed for.

Mr. X Case no. _____

Undersigned counsel respectfully enters its appearance as counsel

It is requested that all pleadings, orders, and notices be served in

(date) (place) ABC LAW FIRM

Mr. X Case no. _____

Undersigned counsel respectfully withdraws its appearance as

It is requested that undersigned be relieved of all the legal

Mr. X Case no. _____

Plaintiff, by counsel, respectfully notifies this Honorable Court that

Mr. X Case no. _____

Plaintiff by counsel, respectfully states that:

1. Plaintiff filed this case on ______;

2. Summons was personally served upon defendant on _____;

3. Answer was personally served upon him on ______;

5. Upon thinking deeper on the legal repercussions of this case, he sees

6. This motion was filed not to delay the proceedings but

1. The case be dismissed

Other equitable reliefs are likewise prayed for.

Notice of Hearing and

Branch Clerk of Court

Dear Mr. ______;

Our client, ______ endorsed to us the matter of your unsettled

For any inquiries, you may contact me on the above-listed telephone

Very truly yours,

THIS SPECIAL POWER OF ATTORNEY IS ENTERED BETWEEN:

Mr. A (name of Principal), of legal age, single/married, Filipino,

1. To sell, assign and dispose of a parcel of land covered by TCT No.

I, _________, of legal age, Filipino, and a resident of ____________,

That (name of the company/ person) have already settled its

IN WITNESS WHEREOF, I have hereunto set my hands this (date)

SUBSCRIBED AND SWORN TO before me this (date) affiant

Mr. X Case no. _____

MOTION TO DECLARE WAIVER OF RIGHT TO PRESENT

Defendant, through counsel states that:

1. On December 3, 2018, Mr X filed a case for collection of sum of

Defendant prays that:

I, _, of legal age, Filipino, and a resident of ____,