1.

Qualifications of New Lawyers

2. Code of Professional Responsibility for Lawyers and Duties of Lawyers under the
LAWYER’S OATH 3. Disqualification/Inhibition for Judges
4. Direct or Indirect Contempt

ARTICLE VII, SECTION 5, PARAGRAPH 5

Section 5. The Supreme Court shall have the following powers:

(5) Promulgate rules concerning the protection and enforcement of constitutional

rights, pleading, practice, and procedure in all courts, the admission to the practice of
law, the integrated bar, and legal assistance to the underprivileged. Such rules shall
provide a simplified and inexpensive procedure for the speedy disposition of cases,
shall be uniform for all courts of the same grade, and shall not diminish, increase, or
modify substantive rights. Rules of procedure of special courts and quasi-judicial
bodies shall remain effective unless disapproved by the Supreme Court.

SECTION 1 OF RULE 138 Section

1. Who may practice law. — Any person heretofore duly admitted as a member of
the bar, or hereafter admitted as such in accordance with the provisions of this rule,
and who is in good and regular standing, is entitled to practice law.

ULEP VS LEGAL AID CLINIC:

Only Natural Persons Can be admitted to the Philippine Bar and be allowed to
Practice Law in the Philippines.

CORPORATIONS ARE NOT ALLOWED TO PRACTICE LAW HERE!

Section 2. Requirements for all applicants for admission to the bar.—

Every applicant for admission as a member of the bar must be a citizen of the
Philippines, at least twentyone years of age, of good moral character, and resident of
the Philippines; and must produce before the Supreme Court satisfactory evidence
of good moral character, and that no charges against him, involving moral turpitude,
have been filed or are pending in any court in the Philippines.

Good moral character is what a person really is, as distinguished from good
reputation or from the opinion generally entertained of him, the estimate in which he
is held by the public in the place where he is known.

GOOD MORAL CHARACTER INCLUDES AT LEAST COMMON HONESTY.

SECTIONS 5 AND 6 OF RULE 138 ACADEMIC REQUIREMENTS FOR BAR

CANDIDATES

SECTION 5 OF RULE 138

Section 5. Additional requirements for other applicants. — All applicants for

admission other than those referred to in the two preceding section shall, before
being admitted to the examination, satisfactorily show that they have regularly
studied law for four years, and successfully completed all prescribed courses, in a
law school or university, officially approved and recognized by the Secretary of
Education. The affidavit of the candidate, accompanied by a certificate from the
university or school of law, shall be filed as evidence of such facts, and further
evidence may be required by the court.

SECTION 5 OF RULE 138

No applicant shall be admitted to the bar examinations unless he has satisfactorily

completed the following courses in a law school or university duly recognized by the
government: civil law, commercial law, remedial law, criminal law, public and private
international law, political law, labor and social legislation, medical jurisprudence,
taxation and legal ethics.

Bar Matter 1153 Re : Letter of Atty. Estelito Mendoza Proposing reforms in the Bar
Examinations March 9, 2010

Section 5 of Rule 138, has been amended, it now provides that all applicants for
admission to the bar shall satisfactorily show that they have successfully completed
all the prescribed courses for the degree of Bachelor of Laws or its equivalent
degree in a law school or university officially recognized by the Phil Government or
by the proper authority in the foreign jurisdiction where the degree has been granted.

As amended, Section 5 of Rule 138 now provides that Filipino citizens who
graduated from a foreign law school shall be admitted to the bar examinations only
upon submission to the SC of a certification showing: 1. Completion of all courses
leading to the Bachelor of Laws or its equivalent degree; 2. Recognition or
accreditation of the law school by the proper authority; 3. Completion of all fourth
year subjects in the bachelor of laws academic programs in a law school duly
recognized by the Phil government.

Under RA 9225, if a person intends to practice the legal profession in the Philippines
and reacquires Phil citizenship pursuant to its provision, he shall apply with the
proper authority for a license or permit to engage in such practice.

The Authority comes from the Supreme Court subject to compliance with the
following conditions:

1.Updating and payment in FULL of the Annual Membership dues in the IBP;
2. The payment of the professional tax;
3. The completion of the required hours of Mandatory Continuing Legal Education
(MCLE) REMINDER: MAKE YOU MCLE COMPLIANCE CURRENT!
4. Retaking of the Lawyer’s Oath.

II. THE CPR AND THE DUTIES OF THE LAWYER UNDER THE LAWYER’S OATH

THE CODE OF PROFESSIONAL RESPONSIBILITY FOR LAWYER (CPR)

Promulgated June 21, 1988

WHY OBEY THE CPR? NOT A LAW, BUT A JUDICIAL COMMAND BASIS FOR
LAWYERS TO OBEY? LAWYER’S OATH I SHALL OBEY THE LAWS, AS WELL AS
THE LEGAL ORDERS . . .

THE CPR - - Its Nature

The CPR being an action of the SC has the force and effect of law and should be
obeyed since it was issued pursuant to Section 5(5) Article VIII of the 1987
Constitution. Not a request or a plain listing but a judicial command.
THE LAWYER’S OATH

I, (name) do solemnly swear that I will maintain allegiance to the Republic of the
Philippines, I will support the Constitution and obey the laws as well as the legal
orders of the duly constituted authorities therein; I will do no falsehood, nor consent
to the doing of any in court; I will not wittingly or willingly promote or sue any
groundless, false or unlawful suit, or give aid nor consent to the same; I will delay no
man for money or malice, and will conduct myself as a lawyer according to the best
of my knowledge and discretion, with all good fidelity as well to the courts as to my
clients; and I impose upon myself these voluntary obligations without any mental
reservation or purpose of evasion.So help me God.

THE LAWYER’S OATH IS THE SUMMARIZED VERSION OF THE CPR

THE CPR IS THE EXPANDED VERSION OF THE LAWYER’S OATH

The Duties and Responsibilities of a Lawyer

DUTIES UNDER THE RULES OF COURT

SECTION 20 RULE 138

Section 20. Duties of attorneys. — It is the duty of an attorney:

(a) To maintain allegiance to the Republic of the Philippines and to support the
Constitution and obey the laws of the Philippines.
(b) To observe and maintain the respect due to the courts of justice and judicial
officers;
(c) To counsel or maintain such actions or proceedings only as appear to him to be
just, and such defenses only as he believes to be honestly debatable under the law.
(d) To employ, for the purpose of maintaining the causes confided to him, such
means only as are consistent with truth and honor, and never seek to mislead the
judge or any judicial officer by an artifice or false statement of fact or law;
(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the
secrets of his client, and to accept no compensation in connection with his client's
business except from him or with his knowledge and approval;
(f) To abstain from all offensive personality and to advance no fact prejudicial to the
honor or reputation of a party or witness, unless required by the justice of the cause
with which he is charged;
(g) Not to encourage either the commencement or the continuance of an action or
proceeding, or delay any man's cause, from any corrupt motive or interest;
(h) Never to reject, for any consideration personal to himself, the cause of the
defenseless or oppressed;
(i) In the defense of a person accused of crime, by all fair and honorable means,
regardless of his personal opinion as to the guilt of the accused, to present every
defense that the law permits, to the end that no person may be deprived of life or
liberty, but by due process of law.

III. DISQUALIFICATION / INHIBITION FOR JUDGES

UNDER THE RULES OF COURT

Rule 137, SECTION 1.

Disqualification of judges. — No judge or judicial officer shall sit in any case in which
he, or his wife or child, is pecuniarily interested as heir, legatee, creditor or
otherwise, or in which he is related to either party within the sixth degree of
consanguinity or affinity, or to counsel within the fourth degree, computed according
to the rules of the civil law, or in which he has been executor, administrator,
guardian, trustee or counsel, or in which he has presided in any inferior court when
his ruling or decision is the subject of review, without the written consent of all parties
in interest, signed by them and entered upon the record.

A judge may, in the exercise of his sound discretion, disqualify himself from sitting in
a case, for just or valid reasons other than those mentioned above. (Second line of
Section 1, Rule 137)

Rule 137, SECTION 2.

Objection that judge disqualified, how made and effect.— If it be claimed that an
official is disqualified from sitting as above provided, the party objecting to his
competency may, in writing, file with the official his objection, stating the grounds
therefor, and the official shall thereupon proceed with the trial, or withdraw therefrom,
in accordance with his determination of the question of his disqualification. His
decision shall be forthwith made in writing and filed with the other papers in the case,
but no appeal or stay shall be allowed from, or by reason of, his decision in favor of
his own competency, until after final judgment in the case.

DISQUALIFICATION AND INHIBITION OF JUDGES UNDER OTHER SOURCES

NEW CODE OF JUDICIAL CONDUCT FOR THE PHILIPPINE JUDICIARY

CANON III IMPARTIALITY

Section 5 Judges shall disqualify themselves from participating in any proceedings in

which they are unable to decide the matter impartially or in which it may appear to a
reasonable observer that they are unable to decide the matter impartially. Such
proceedings include, but are not limited to, instances where:

The judge has actual bias or prejudice concerning a party or personal knowledge of
disputed evidentiary facts concerning the proceedings; The judge previously served
as a lawyer or was a material witness in the matter in controversy; The judge, or a
member of his or her family, has an economic interest in the outcome of the matter in
controversy;

The judge served as executor, administrator, guardian, trustee or lawyer in the case
or matter in controversy, or a former associate of the judge served as counsel during
their association, or the judge or lawyer was a material witness therein;

The judge's ruling in a lower court is the subject of review; The judge is related by
consanguinity or affinity to a party litigant within the sixth civil degree or to counsel
within the fourth civil degree; or

The judge knows that his or her spouse or child has a financial interest, as heir,
legatee, creditor, fiduciary, or otherwise, in the subject matter in controversy or in a
party to the proceeding, or any other interest that could be substantially affected by
the outcome of the proceedings;

IV. DIRECT AND INDIRECT CONTEMPT

ANCHORAGE?

SECTION 71 RULES OF COURT

CONTEMPT OF COURT CONCEPTS AND COMMENTS

LORENZO SHIPPING CORPORATION, OCEANIC CONTAINER LINES, INC.,

SOLID SHIPPING LINES CORPORATION, SULPICIO LINES, INC., ET AL., VS.
DISTRIBUTION MANAGEMENT ASSOCIATION OF THE PHILIPPINES, LORENZO
CINCO, AND CORA CURAY. G.R. No. 155849 August 31, 2011 THE CHIEF
BERSAMIN, CJ

Contempt of court has been defined as a willful disregard or disobedience of a public

authority. In its broad sense, contempt is a disregard of, or disobedience to, the rules
or orders of a legislative or judicial body or an interruption of its proceedings by
disorderly behavior or insolent language in its presence or so near thereto as to
disturb its proceedings or to impair the respect due to such a body. In its restricted
and more usual sense, contempt comprehends a despising of the authority, justice,
or dignity of a court.

The phrase contempt of court is generic, embracing within its legal signification a
variety of different acts.

The power to punish for contempt is inherent in all courts, and need not be
specifically granted by statute.

It lies at the core of the administration of a judicial system.

Indeed, there ought to be no question that courts have the power by virtue of their
very creation to impose silence, respect, and decorum in their presence, submission
to their lawful mandates, and to preserve themselves and their officers from the
approach and insults of pollution.

The power to punish for contempt essentially exists for the preservation of order in
judicial proceedings and for the enforcement of judgments, orders, and mandates of
the courts, and, consequently, for the due administration of justice.

The reason behind the power to punish for contempt is that respect of the courts
guarantees the stability of their institution; without such guarantee, the institution of
the courts would be resting on a very shaky foundation.

Contempt of court is of two kinds, namely: direct contempt, which is committed in the
presence of or so near the judge as to obstruct him in the administration of justice;
and constructive or indirect contempt, which consists of willful disobedience of the
lawful process or order of the court.
Deed of Sale of Motor Vehicle

DEED OF SALE OF MOTOR VEHICLE

KNOW ALL MEN BY THESE PRESENTS:

That I, [NAME OF SELLER], Filipino, of legal age, single/married to

[SPOUSE, IF APPLICABLE], a resident of [ADDRESS OF SELLER], is the lawful
owner of a certain motor vehicle which is more particularly described as follows:

MAKE : MOTOR NO. :

SERIES : SERIAL/CHASSIS NO. :
TYPE OF BODY: PLATE NO. :
YEAR MODEL : FILE NO. :
C.R. NO. :

That for and in consideration of the sum of [AMOUNT IN WORDS PESOS]

(PhP xxx,
xxx.xx), Philippine Currency, receipt whereof is hereby acknowledged to my entire
satisfaction, I
hereby sell, transfer and convey by way of Absolute Sale unto [NAME OF BUYER],
Filipino, of legal age, and resident of [ADDRESS OF BUYER], the above described
motor vehicle, free from all liens and encumbrances.

IN WITNESS WHEREOF, the parties have signed this agreement this __th day of
[MONTH,
YEAR] at [PLACE OF SIGNING].

(sgd.) (sgd.)
[NAME OF BUYER] [NAME OF SELLER]
VENDEE VENDOR

[If Seller is married, include spousal consent as follows:]

With my consent:
(sgd.)
[NAME OF SPOUSE OF SELLER]

SIGNED IN THE PRESENCE OF:

_________________ _________________
[PLUS ACKNOWLEDGMENT FOR TWO-PARTY INSTRUMENT]

Acknowledgment (Two-Party Instrument)

Republic of the Philippines )

City of ____________ ) S.S.

BEFORE ME, this ___ day of [MONTH, YEAR] in the [CITY/ MUNICIPALITY OF
__________], personally appeared:
NAME TYPE OF I.D AND I.D NO. DATE/PLACE ISSUED
__________________________________ _____________________________
__________________________________ _____________________________
__________________________________ _____________________________
 Known to me and to me known to be the same persons who executed the
foregoing instrument, and who acknowledged to me that the same is their free act
and deed.

IN WITNESS WHEREOF, I have set my hand and affixed my Notarial seal on

the day, year and place written.

(Sgd.)
NOTARY PUBLIC

Doc. No.
Page No.
Book No.
Series of [YEAR]

Note: If the instrument consists of 2 or more pages, include the following after the 1st
paragraph:

This instrument, consisting of ___ pages, including the page on which this
acknowledgment is written, has been signed on the left margin of each and every
page thereof by ___________ and his witnesses (if any), and sealed with my
Notarial seal.

Bill of Sale (Personal Property)

REPUBLIC OF THE PHILIPPINES )

City/Municipality of ____________ ) S.S.

BILL OF SALE

KNOW ALL MEN BY THESE PRESENTS:

I, [NAME OF SELLER], Filipino, single, and resident of [ADDRESS OF

SELLER] for and in consideration of the amount of [AMOUNT IN WORDS PESOS]
(PhP xxx,xxx.xx), paid to me today by [NAME OF BUYER], Filipino, single and
resident of [ADDRESS OF BUYER] do hereby SELL, TRANSFER and CONVEY
absolutely and unconditionally unto said [NAME OF BUYER] the following property:

(Description of property)

I own and have the right to sell and transfer the title and ownership of the
above–described
property; I will defend the same against the claims of any and all persons
whatsoever.

IN WITNESS WHEREOF, I have signed this instrument this __th day of

[MONTH, YEAR]
at [PLACE OF SIGNING].

(sgd).
[NAME OF SELLER]

SIGNED IN THE PRESENCE OF:

_________________ _________________
[PLUS ACKNOWLEDGMENT]
Note: Acknowledgment vs. Jurat
A jurat is that part of an affidavit in which the officer certifies that the instrument was
sworn to before him. It is not a part of a pleading but merely evidences the fact that
the affidavit was properly made.

The jurat in the petition in the case also begins with the words "subscribed and
sworn to me."
To subscribe literally means to write underneath, as one's name; to sign at the end of
a document.

To swear means to put on oath; to declare on oath the truth of a pleading, etc.
Accordingly, in a jurat, the affiant must sign the document in the presence of and
take his oath before a notary public or any other person authorized to administer
oaths. [Gamido v. New Bilibid Prison Officials, G.R. No. 114829, March 1, 1995].

An acknowledgment is the act of one who has executed a deed in going before
some competent officer or court and declaring it to be his act or deed. [Tigno v.
Spouses Aquino, G.R. No. 129416, November 25, 2004]

Note that if the document is subscribed before a public officer duly authorized to take
oaths under the Revised Administrative Code, then there is no need for the affiant to
produce a Community Tax Certificate (CTC), any competent evidence of identity by
at least one current identification document issued by an official agency bearing the
photograph and signature of an individual, nor for the entry into a Notarial Register;
the italicized portion of the jurat is dispensed with, but not the oath itself.
Notes:
1. Rule 7, Sec. 3 of the Rules of Court reiterates the importance of the signature of
counsel, and an unsigned pleading produces no legal effect.
2. The En Banc Resolution on Bar Matter No. 1132 (2003) requires counsels to
indicate the ff. in all papers and pleadings submitted to the various judicial or quasi-
judicial bodies:
a. Roll of Attorneys No.
b. IBP Official Receipt No. OR Lifetime Membership No.
c. Current Professional Tax Receipt (PTR) No.
3. A.M. NO. 07-6-5-SC (2007) requires counsels to indicate in their pleadings or
other legal
documents their contact details aside from addresses such as telephone number, fax
number,
cellular phone number, or email address.
4. Bar Matter No. 1922 (2008) requires practicing members of the bar to indicate in
all pleadings filed before the courts or quasi-judicial bodies, the number and date of
issue of their MCLE Certificate of Compliance or Certificate of Exemption, as may be
applicable, for the immediately preceding compliance period.

VLC NOTES

JURAT versus ACKNOWLEDGMENT

"A jurat is a distinct creature from an acknowledgment. “ It is that part of an affidavit

in which the notary certifies that before him or her, the document was subscribed
and sworn to by the executor; while an acknowledgment is the act of one who has
executed a deed in going before some competent officer or court and declaring it to
be his act or deed.” (Malvar vs. Baleros, A.C. NO. 11346, March 08, 2017)
6. SIGNATURE PORTION of the NOTARY PUBLIC on the Notarial Certificate
(Jurat or Acknowledgment)
(Name, signature and Seal)
NOTARY PUBLIC
AM./Comm. No.________________
Date and Place Issued
Commission expires on Dec. 31,_____
Roll of Attorney Number
IBP No., date and place issued
PTR No. date and place issued

Doc. No. _____ MCLE Comp./Exemp. No._______ date issued

Page No ._____ Office Address; telephone number/e-mail add:
Book No._____
Series of._____.

FORM NO. 3-A JURAT

AFFIANT IS PERSONALLY KNOWN TO NOTARY PUBLIC

SUBSCRIBED AND SWORN TO before me in _____________, this

_____day of _____________by the above-named affiant who is personally known to
the undersigned Notary Public to be the same person who presented and signed
before me this _(state nature of document) and attested that the contents thereof are
true and correct; and that he voluntarily executed the same.

NOTARY PUBLIC

FORM NO. 3-B- JURAT - AFFIANT IS NOT PERSONALLY KNOWN TO

NOTARY PUBLIC BUT WITH COMPETENT EVIDENCE OF IDENTITY

SUBSCRIBED AND SWORN TO before me in _________, this _____day of

____________ by the above-named affiant, who has satisfactorily proven to me his
identity and exhibited his valid identification document, ___________No._______
valid until ____________ to be the same person who presented and signed before
me this _(state nature of document) and attested that the contents thereof are true
and correct; and that he voluntarily executed the same.

NOTARY PUBLIC

FORM NO. 3-C – JURAT – AFFIANT IS PERSONALLY KNOWN TO NOTARY

PUBLIC, BUT BLIND, ILLITERATE OR PHYSICALLY IMPAIRED TO SIGN WITH
2 WITNESSES WHO ARE NOT PRIVY TO THE DOCUMENT.

THUMBMARK
(name of Affiant)

*Affiant (name of affiant) affixed his Thumbmark in the presence of the following
witnesses: (state name and address of the two witnesses)
1.____________________________________________________________
2.____________________________________________________________

SUBSCRIBED AND SWORN TO before me in _________, this _____day of

____________ the same having been read and explained to the above-named
affiant by me and in the presence (state name of 2 witnesses), in a Language known
and understood by him, he being (state whether blind, illiterate or physically
incapacitated to sign due to sickness or old age) and appears to me to have
understood the contents of this (state nature of document), and affixed his
Thumbmark thereon, in my presence and in the presence of his said witnesses who
subscribed their names to this document.

The undersigned further certify that the contents of the affidavit was explained
by me in(English or Filipino), a Language known and understood by the affiant, he
being (state whether blind, illiterate or physically impaired to sign)and appears to
have understood the contents thereof.

NOTARY PUBLIC

2. JURAT is accompanied with the oath or affirmation of the witnesses:

a) Affiant is stranger to notary public without competent evidence of identity; but with
at least two (2) credible witnesses who personally know the affiant, but are not
personally known to the notary public and not privy to the affidavit.

b) Affiant is stranger to notary public and without valid evidence of identity; but with
credible witness who personally knows the affiant and said witness is personally
known to the notary public and not privy to the affidavit.

FORM NO. 4-A SIMPLE ACKNOWLEDGMENT

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

PROVINCE OF________________) S.S.
CITY/MUNICIPALITY OF________)

BEFORE ME, a Notary Public for and in ________________ on this ___th day of
____________2018, personally appeared:
____________________ (competent document of identity
____________________ (competent document of identity

whom I have identified as the same persons through their valid identification
document stated above; and who presented to me this (nature of document); and
who acknowledged before me that their signatures were affixed by them voluntarily
for the purposes of said instrument and who declared to me that they executed the
same freely and voluntarily.

WITNESS MY HAND AND SEAL on the date and place above written.

Notary Public

FORM 9- NOTICE OF HEARING FOR LITIGIOUS MOTIONS

NOTICE OF HEARING
The Branch Clerk of Court
Court and branch

Name and address of counsel of adverse party

G r e e t I n g s:

Please take notice that the foregoing motion is set for hearing on ________ 2018 at
_____ in the morning/afternoon for its favorable consideration by the Honorable
Court.

(Counsel for movant)

Copy Furnished by registered mail or private courier:

Name and address of counsel for adverse party

(Counsel for
movant)
EXPLANATION:
xxx
(Counsel for movant)

FORM NO. 10 - EXPLANATION –

NOTE: This is required if the adverse party was served a copy of the pleading
through registered mail or private courier.

EXPLANATION : For lack of available staff, (time constraints, distance, etc.) the
counsel for -- ---- was served a copy of this Motion through registered mail with
return card (or private courier).
(Counsel for movant)

IMP0RTANT NOTES:
2019 AMENDMENTS ON THE RULES ON CIVIL PROCEDURE
 A.M. NO. 19-10-20-SC) - Effectivity – May 1, 2020
New provision on Motions:
1. Under the new Rules, the provision requiring that all motions shall be set for
hearing under Section 4, Rule 15 of the 1997 Rules on Civil Procedure) was deleted.
The motions were classified into non-litigious and litigious motions.
2. Motions must be in writing- except those made in open court;
- motions in open court - opposition in open court and must resolved in open
court;
- motion is based on facts not appearing on record – heard by affidavits or
depositions; or testimony or document;
3. Under Sec. 4, Rule 15, the non-litigious motions are those which the court may act
upon without prejudicing the rights of the adverse party. They need not be set for
hearing and shall be resolved by the court within five (5) calendar days.
These are:
 1. Motion for the issuance of an alias summons;
 2. Motion for extension to file answer;
 3. Motion for postponement;
 4. Motion for the issuance of a writ of execution;
 5. Motion for the issuance of an alias writ of execution
 6. Motion for issuance of a writ of possession;
 7. Motion for issuance of an order directing the sheriff to execute the final
certificate of sale;
 8. Other similar motions
 Litigous motion - discretionary for the court to call a hearing for the motion
 *** file opposition within 5 calendar days from receipt thereof
 *** court to resolve within 15 calendar days from receipt of opposition or from
expiration of period to file opposition

 for litigous and non-litigous motions: proof of service necessary –

 *** personal service, private courier; registered mail or electronic

The litigious motions include:

1. Motion for bill of particulars;
2. Motion to dismiss;
3. Motion for new trial;
4. Motion for reconsideration
5. Motion for execution pending appeal;
6. Motion to amend after a responsive pleading has been filed;
7. Motion to cancel statutory lien;
8. Motion for an order to break in or for writ of demolition
9. Motion for intervention;
10. Motion for judgment on the pleadings;
11. Motion for summary judgment
12. Demurrer to evidence
13. Motion to declare defendant in default; and
14. Other similar motions

Motions filed with the appellate courts do not contain notice of hearing.

FORM NO. 11-A MOTION FOR EXTENSION TO TIME (Appellate Court)

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
COURT OF APPEALS
Manila
FOURTH DIVISION
__________________________
Plaintiff-Appellee,

- versus – CA-GR. CV. NO. ____________

__________________________
Defendant-Appellant.

x - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

MOTION FOR EXTENSION OF TIME TO FILE COMMENT

Plaintiff-appellee,, by counsel, to this Honorable Court, respectfully states,

that:

1. On _________, the undersigned counsel received a copy of the Resolution

dated ___________ of this Honorable Court directing plaintiff-appellee to file its
Comment on defendant-appellant's Motion for Reconsideration within ten (10) days
from notice; and which period expires on ____________,
 2. While the undersigned had already prepared the initial draft of plaintiff-
appellee’s Comment, he foresees that he could not finalize and submit the same on
said due date, due to pressing deadlines in other equally important cases, almost
daily court appearances and other professional engagements. For which reasons, he
needs an additional period of five (5) days from ____________ or up to __________
to finalize and submit the same.

3. This motion is not intended to delay the early disposition of this case,
but rests solely on the aforesaid reasons.

WHEREFORE, it is most respectfully prayed of this Honorable Court that

plaintiff-appellee be granted an extension of five (5) days from ________, or up to
___________ to finalize and submit the its Comment.

Quezon City for Manila (date)

Law firm’s name & address

Counsel for Plaintiff-Appellee
(Tel. No., Fax No., email
address)

By:
(Signature of lawyer)
Roll No.___________________
IBP No., date and place issued
PTR No.. Date and place issued
MCLE Com/Ex. No.__________
Date issued

Copy furnished:

Name and address of Appellant’s counsel

EXPLANATION: (State here how the other party was furnished copy of the Motion
for extension of time and the reason if by registered mail or private courier)

(Signature of lawyer)

FORM NO. 11-B - MOTION FOR EXTENSION OF TIME (TRIAL COURT )

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
__________, BRANCH____

______________________
Plaintiff,
- versus – CIVIL CASE NO..
________________
__________________________
Defendant.
x--------------------------x

MOTION FOR EXTENSION OF TIME

 TO FILE COMMENT

Plaintiff,, by counsel, to this Honorable Court, respectfully states, that:

1. On ________, the undersigned counsel received a copy of the Order dated

____________ of this Honorable Court directing plaintiff to file its Comment on
defendant-appellant's Motion for Reconsideration within ten (10) days from notice;
and which period expires on _____________.

2. The undersigned counsel is presently laden with the preparation of similarly

urgent pleadings, briefs and memoranda in other cases, and almost daily court
appearances, for which reason, she needs an additional period of ten (10) days
within which to submit the same.

3. This motion is not intended to delay the early disposition of this case, but
rests solely on the aforesaid reasons.

WHEREFORE, it is most respectfully prayed of this Honorable Court that

plaintiff be granted an additional period of ten (10) days from ________, or
up_________ to finalize and submit the same.

Quezon City for Makati City , (date)

Law firm’s name & address

Counsel for Plaintiff-Appellee

(Tel. No., Fax No., email
address)
By:
(Signature of lawyer)
Roll No.___________________
IBP No., date and place issued
PTR No.. Date and place issued
MCLE Com/Ex. No.__________
Date issued

Copy furnished:

Name and address of

Appellant’s counsel

EXPLANATION: (State here how the other party was furnished copy of the Motion
for extension of time and the reason if by registered mail or private courier)

(Signature of lawyer)

IMPORTANT NOTES:

While the above motion is considered non-litigious motion, if the case was filed prior
to the effectivity of the 2019 Amendments on the Rules on Civil Procedure, a notice
of hearing is still required, but there is no need to set the above motion for hearing.

FORM NO. 12-A - DISMISSAL BY PLAINTIFF (before service of answer)

REPUBLIC OF THE PHILIPPINES

 NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MAKATI CITY, BRANCH____

______________________
Plaintiff,
- versus – CIVIL CASE NO.. R-MKT _____-CV
_____________________
Defendant.
x--------------------------x

NOTICE OF DISMISSAL

PLAINTIFF, by counsel, to this Honorable Court, respectfully states, that:

On ________ the defendant before service of the summons fully settled his
obligation subject matter of this case to the full satisfaction of the plaintiff; for which
reason, plaintiff respectfully moves that this case be dismissed and considered
closed and terminated.

RESPECTFULLY SUBMITTED.

Quezon City for Makati City, (date)

(Signature of lawyer)
Copy furnished by registered mail (private courier)

(name and address of adverse party

EXPLANATION: x x x
(Signature of lawyer)

FORM NO. 12-B DISMISSAL BY PLAINTIFF (after service of answer)

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MAKATI CITY, BRANCH____

______________________
Plaintiff,
versus – CIVIL CASE NO.. R-MKT _____-CV
__________________________
Defendant.
x--------------------------x

MOTION TO DISMISS

PLAINTIFF, by counsel, to this Honorable Court, respectfully states, that:

1. In his Answer dated_________ the defendant did not allege any

counterclaim against the plaintiff.

2. On ________ the defendant fully settled his obligation subject matter of this
case to the full satisfaction of the plaintiff.
 WHEREFORE, it is most respectfully prayed of this Honorable Court that this
case be dismissed with prejudice and be considered closed and terminated.

RESPECTFULLY SUBMITTED.

Quezon City for Makati City, (date)

(Signature of lawyer)

Copy furnished by registered mail (private courier)

(name and address of defendant or his counsel)

EXPLANATION: x x x

(Signature of lawyer)

FORM NO. 13 - MOTION TO DECLARE DEFENDANT IN DEFAULT

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MAKATI CITY, BRANCH____

______________________
Plaintiff,
versus – CIVIL CASE NO.. R-MKT _____-CV
__________________________
Defendant.
x--------------------------x

MOTION TO DECLARE DEFENDANT

IN DEFAULT

1. On_____________ this complaint was filed.

2. On 27 January 2020 the summons and the complaint were personally

served upon the defendant, per Sheriff’s Return dated __________; hence, the
defendant has up to 11 February 2020 within to file his answer or any responsive
pleading.

3. Records show that despite the lapse of the reglementary period, the
defendant failed to filed his answer or any responsive pleading up to the present.

WHEREFORE, it is most respectfully prayed of this Honorable Court to

declare the defendant in default and that plaintiff be allowed to present his evidence
ex parte at such date and time convenient to the calendar of this Honorable Court.

Quezon City for Makati City, 10 February 2020.

RESPECTFULLY SUBMITTED.

Quezon City for Makati City, 04 May 2020

(Signature of lawyer)
 NOTICE OF HEARING

The Branch Clerk of Court

RTC Br. ______
Makati City

(Name and address of Defendant)

Sir/Madam

Please take notice that the foregoing motion is set for hearing on __________
at _____AM/PM for the favorable consideration and approval of the Honorable
Court.

(Signature of lawyer)

Copy furnished by registered mail (private courier)

(name and address of defendant)

EXPLANATION: x x x

IMPORTANT NOTES:

THE JUDICIAL AFFIDAVIT RULE - A.M. NO. 12-8-8-SC

1. When filed - 5 days before pre-trial:

a) But Under the 2019 Amendments of the Rules on Civil Procedure (took effect on
May 1, 2020), the Judicial Affidavit of the witness must be attached to the Complaint
or to the Answer, together with the respective documentary and object evidence of
the parties.

The judicial affidavit of additional witnesses may be admitted by the court for
justifiable reason and provided that said party pays a fine of P1,000 but not more
than P5,000.00, at the discretion of the court.

2. Sanction: Only the witnesses whose judicial affidavits were submitted together
with the said pleadings (complaint or answer) shall be allowed to testify in court

a) If not attached to the complaint, the court can motu propio dismiss the complaint,

b) If not attached to the answer, the court will only hear plaintiff’s evidence; the
defendant is deemed to have waived to present hi evidence.n Judgment will be
rendered based on the evidence presented by the plaintiff.

c) The judicial Affidavit must be in question and answer form and the questions are
chronologically numbered. It must contain an Attestation of the lawyer who
conducted the examination of the witness. The Attestation must also be under oath.
FORM NO. 16 - JUDICIAL AFFIDAVIT

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL
REGIONAL TRIAL COURT
BRANCH ___, MAKATI CITY

________________________.,
Plaintiff,
-versus- CIVIL CASE NO.
_____
_________________________,
Defendant.
x------------------------------------------x
JUDICIAL AFFIDAVIT

Name of Witness: (state name and personal circumstances of witness)

Name of lawyer conducting the examination: _________________is the counsel

on record for the plaintiff.

Date & Place where examination was held: ____________________

------------------------------------------------------------------------------------------------------------
OFFER OF TESTIMONY:

Atty. ______(To the Honorable Court):

We are offering the testimony of our witness Mr. ___________ to prove the
following: (1) that _____________(2 ________x x x ,

In the course of his testimony, the witness will identify the documentary evidence of
plaintiff which are attached to this affidavit.

The testimony of the witness was reduced to Judicial Affidavit, pursuant to A.M. No.
12-8-8-SC (Judicial Affidavit Rule), and which Judicial Affidavit will serve as his direct
testimony in this case.
_______________________________________________________
Q1. Do you swear to tell the truth, the whole truth and nothing but the truth in
this sworn statement that you are about to make?

A. Yes, ma’am, I do. xxx xxx

Q2. Your testimony is under oath and in case your statements are found to be
untrue, you may be held criminally liable for false testimony or perjury. Do you
understand that?

A. Yes, ma’am.

Q3. Do you know plaintiff in this case?

A. Yes, I do.
xxx
Atty. _____: Your Honor, may we request that the photocopies of the
_________________ be marked as Exhibits “A” and “B” after comparison with
the original copies thereof by the opposing counsel.

[This is a suggested manifestation when counsel requests a document to be

marked as evidence]

IN WITNESS WHEREOF, I have hereunto affixed my signature this

______________ at Quezon City.

(Signature of Witness)
Affiant

(JURAT)

ATTESTATION

I, ______________, am the counsel for plaintiff with office address at

_____________, do hereby attest that on the date and place above stated, I have
personally examined the witness, ._______; and that I have faithfully recorded or
caused to be recorded the questions asked and the corresponding answers thereto
made by him. I further attest that I, or any other person herein present, or assisting
me, never coached the said witness regarding his answers.

Quezon City for ________.

Lawyer-Affiant
Roll No. ______________
MCLE Exemp No. & date issued
IBP No. Date and place issued
PTR No. Date and place issued

(JURAT)