Legal Forms

SAN BEDA COLLEGE OF LAW, 2000-2001
SELECTED SAMPLES OF BASIC LEGAL FORMS

Any form of reproduction of this copy is strictly prohibited!!!
SAN BEDA COLLEGE OF LAW

2000 CENTRALIZED BAR OPERATIONS
SELECTED SAMPLES OF
BASIC LEGAL FORMS
TABLE OF CONTENTS
PAGE
I. CAPTION
II. ACKNOWLEDGMENT; JURAT
1. Acknowledgment (Simple Form)
2. Acknowledgement of Instrument consisting of two or more pages
3. The Jurat
4. Verification
5. Certification
6. Verification and Certification
III. AFFIDAVITS
1. Affidavit of Loss
2. Affidavit of Service by Mail
3. Affidavit of Injunction
4. Affidavit for Preliminary Attachment
5. Affidavit in Petition for Receivership
7. Affidavit (Sinumpaang Salaysay)
IV. NEGOTIABLE INSTRUMENTS
1. Promissory Note
2. Bill of Exchange
3. Check
V. Contracts or Agreements
1. Deed of Sale
2. Deed of Sale under Pacto de Recto
3. Deed of Sale of Personal Property
4. Contract of Sale involving Real property
5. Lease of Real Property
6. Lease of Personal Property
7. Real Estate Mortgage
8. Chattel Mortgage
9. Easement of Right of Way
10. Power of Attorney
VI. DONATIONS AND WILLS
1. Donation Inter Vivos/ Mortis Causa
2. Deed of Donation
3. Wills
a. Holographic Will
b. Notarial Will (Last Will and Testament)
b.1 Attestation Clause
b.2 Joint Acknowledgment
VII. PLEADINGS
A. Special Proceedings
1. Special Proceedings
a. Petition for Habeas Corpus
b. Petition for Guardianship
c. Petition for Appointment of Administrator
d. Complaint for Ejectment
e. Complaint for Forclosure of Mortgage
f. Complaint for Recovery of Personal Property
2. Provisional Remedies
a. Petition for Injunction
3. Miscellaneous Civil Pleadings
a. Complaint based on actionable document (one cause of action)
b. Complaint (several causes of action)
c. Answer with Special and Affirmative Defense and Counterclaim
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Legal Ethics and Practical Exercises Committee: DERE
d. Answer with Specific Denial of Document under Oath

e. Motion to Intervene
f. Motion to Quash
g. Motion to Dismiss
h. Motion for New Trial
i. Motion to Withdraw with substitution of Counsel
j. Motion for Postponement of Hearing
k. Motion for Judgment of Pleadings
l. Motion for Execution of Judgment
m. Ex parte and non-litiguous Motions
n. Notice of Appeal
B. CRIMINAL PROCEEDINGS
1. Essential Parts of an Information
2. Essential Parts of Complaint
3. Direct Filing of Complaint
4. Complaint filed by Offended Party before Municipal Judges
a. Acts of Lasciviousness
5. Information
a. Abduction with Consent
b. Serious Illegal Detention/ Kidnapping
6. Miscellaneous Criminal Pleadings
a. Petition for Bail
b. Notice of Appeal
c. Subpoena
d. Subpoena Duces Tecum
e. Order of Arrest
f. Search warrant
g. Demurrer to Evidence
h. Application for Compulsory Process to Secure Attendance of
Witness
I. CAPTIONS
Under the Judiciary Reorganization Act of 1980 (Batas Pambansa Blg.129), all
courts except the Supreme Court, the Sandiganbayan and the Court of Tax Appeals
were abolished and the following Courts were created: Intermediate Appellate Court;
Regional Trial Court created in 13 Judicial Regions including the National Capital
Regions and other areas as may be established by law; Municipal Trial Courts in cities
and municipalities; and the Municipal Circuit Trial Courts. Under Executive Order No. 3
dated 1986, the Intermediate Appellate Court was renamed the Court of Appeals.
The following are representative samples of Caption filed in said courts:
REPUBLIC OF THE PHILIPPINES

SUPREME COURT

COURT OF APPEALS
MANILA

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Manila, Branch 1

FIRST JUDICIAL REGION
Bangued, Abra (Branch 1)
2

METROPOLITAN TRIAL COURT OF METRO MANILA
Manila, Branch 1

MUNICIPAL TRIAL COURT
Dagupan City, (Branch 1)

Lingayen, Pangasinan

MUNICIPAL CIRCUIT TRIAL COURT
Sison, Pangasinan
JUAN DELA CRUZ

Plaintiff,
Civil Case No.________
-versus- For Sum of Money
PEDRO SANTOS
Defendant.
X------------------------------------------X
II. ACKNOWLEDGMENT; JURAT
ACKNOWLEDGMENT
(Simple form)
REPUBLIC OF THE PHILIPPINES}

PROVINCE OF } SS
MUNICIPALITY }
BEFORE ME, this_____ day of _________, 2001 in the Municipality of

_________________, Province of _____________, Philippines, personally appeared
_______________________ , with Residence Certificate No. _______ issued at
________, on _______________ , and B.I.R. Tax Account No.________ known to me to
be the same person who executed the foregoing instrument, and he acknowledged to
me that the same is his free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial

seal, the day, year, and place above written.
Notary Public
My Commission expires Dec. 31, 2001

IBP No. ________, 1/2/2001, Pasig City
P.T.R. No. ______, 2/2/2001, Pasig City
Doc. No. _____;
Page No. ____;
Book No. _____
Series of 20___
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ACKNOWLEDGMENT OF INSTRUMENT CONSISTING OF TWO OR MORE PAGES
REPUBLIC OF THE PHILIPPINES )

PROVINCE OF ______________ ) S.S.
MUNICIPALITY OF _____________)
BEFORE ME this _____ day of _______________, 2001 in the Municipality of

_________________, Province of ____________, Philippines, personally appeared
______________________, with Community Tax Certificate No. _________ issued at
________________ on ________________ and T.I.N. No. ________, known to me to
be the same person who executed the foregoing instrument, and he acknowledged to
me that the same is his free act and deed.
This instrument, consisting of _____ pages, including the page on which this
acknowledgement is written , he has been signed on the left margin of each and every
page thereof by __________________ and his witness, and sealed with my notarial
seal.
IN WITNESS WHEREOF, I have hereunto set my hand, the day, the year, and
the place above written.
NOTARY PUBLIC
My Commission expires Dec. 31, 2001

IBP No. ______, 1/2/2001, Pasig City
P.T.R. No. ____, 2/2/2001, Pasig City
Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 20____
JURAT
SUBSCRIBED AND SWORN to me, in the Municipality of ________, this ____th

day of ______, 19 ____ by, _______ with Community Certificate No. _____ issued at
_____ on ______, 2001.
NOTARY PUBLIC
My Comission expires Dec. 31, 2001

IBP No. ______, 1/2/2001, Pasig City
P.T.R. No.____, 2/2/2001, Pasig City
Doc. No._____;
Page No._____;
Book No._____;
Series of 20____.
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
VERIFICATION
JUAN DELA CRUZ, subscribing under oath, hereby deposes and states that:
I am the petitioner in the instant case.
4
I have read the foregoing Petition and the allegations therein are true and correct
of my own knowledge and/or based on the records on hand.
I attest to the authenticity of the annexes thereof.
CERTIFICATION
I certify that:
a. I have not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or different Divisions
thereof, or any other tribunal or agency.
b. No such action or proceeding is pending in the Supreme Court, the Court of

Appeals, or different Divisions thereof, or any other tribunal or agency.
c. If I should learn that a similar action or proceeding has been filed or is

pending before the Supreme Court, the Court of Appeals, or different
Divisions thereof, or any other tribunal or agency, I hereby undertake to notify
this Honorable Court within five (5) days from such notice.
_______________________
JUAN DELA CRUZ
JURAT
VERIFICATION AND CERTIFICATION
(Certification of Non-Forum Shopping incorporated with Verification

for a petition for certiorari)
JUAN DELA CRUZ subscribing under oath, hereby deposes and states that: He
is a petitioner (or respondent/plaintiff/defendant) in this case. He has read the foregoing
petition, and the allegations contained therein are true and correct of his own knowledge
and/or based on authentic records. He attests to the authenticity of the annexes thereof.
Petitioner has not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or different Divisions thereof, or any
other tribunal or agency; No such action or proceeding is pending in the Supreme Court,
the Court of Appeals or different Divisions thereof, or any other tribunal or agency; If
petitioner should learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or different Divisions thereof, or any
other tribunal or agency, he hereby undertakes to notify this Honorable Court within 5
days therefrom.
_______________
JUAN DELA
CRUZ
Petitioner
SUBSCRIBED AND SWORN to before me this 27 th day of January 2000 in the

City of Manila, affiant exhibiting to me her Community Tax Certificate No. 12345678
issued on January 3, 2000 in the City of Manila.
_________________
MARIA A. SANTOS
Notary Public
My Commission Expires Dec. 31, 2001
IBP No. _______, 1/16/2001, Pasig City
PTR No. _______, 1/2/2001, Pasig City
Doc. No. ____
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Page No. ____

Book No. ____
Series of 20___
Copy Furnished:
1. Perez & Matias Law Offices

49 Dapitan St. , Sampaloc Mla.
(addressed to the Counsel of the adverse party)
EXPLANATION
EXPLANATION
This Certifies that personal service was not resorted to for the reason that due to
time, distance and manpower constraints, the same is not practicable.
_________________
Counsel
III. AFFIDAVITS
AFFIDAVIT OF LOSS
Republic of the Philippines
Province Of
Municipality of
I, ___________________, of legal age, single/married, residing at

____________, after being sworn in accordance with law, depose and say:
That I am the true owner of _______________, described as follows to wit:

(Description of property)
That the said automobile had been duly registered in my name in the Land
Transportation Office in ___________ for the year (or years) ____________;
That the certificate of registration and other pertinent papers of ownership of

said automobile were among those burned and destroyed on ____________ when my
house and all my personal belongings were completely destroyed by fire;
That said papers are now beyond recovery.
IN WITNESS WHEREOF, I have hereunto set my hand this ________ day of

________, 20__, in the Municipality of ____________, Province of __________,
Philippines.
______________________
(Signature of affiant)
JURAT
AFFIDAVIT OF SERVICE BY MAIL
Republic of the Philippines

City of Manila
AFFIDAVIT OF SERVICE
I, ___________________, as messenger of Atty. ______________, with office

address at ___________________, after being duly sworn, depose and says:
6
That on ________________,2001 I served a copy of the following

pleading/paper by registered mail in accordance with Sec. 10 of Rule 13 of the Rules of
Court.
Nature of Pleading/Paper
____________________________
____________________________
____________________________
in Case No. ____________ entitled _________________________ by depositing a copy

in the post office in a sealed envelope, plainly addressed to the party (or his attorney) at
his residence (or office) with postage fully paid, as evidenced by Registry Receipt No.
_______________ attached and with instructions to the post master to return the mail to
sender after ten (10) days if undelivered.
In witness whereof, I have hereunto set my hand this_____ day
of______, 2001, in the Municipality of__________, Province of_________, Philippines.
_______________________
Signature of Affiant
AFFIDAVIT IN SUPPORT OF PETITION FOR INJUNCTION
REPUBLIC OF THE PHILIPPINES)

CITY OF MANILA ) S.S.
X, of legal age and resident of the City of Manila, Philippines, after having been
duly sworn in accordance with law, hereby deposes and says:
That he is the Plaintiff in the above entitled case and is entitled to the relief
demanded in the complaint in whole or in part and such other relief consists in
restraining the commission or continuance of the acts complained of either for a limited
period or perpetually;
That the commission or continuance of the acts complained of during the

litigation will work injury to herein plaintiff and that the defendant is doing, threatens, or is
about to do, or is procuring or suffering to be done the acts tending to render the
judgment ineffectual;
And that he is willing and ready to file a bond in the amount which may be fixed
by the Court to the effect that he, the plaintiff, will pay the defendant all the damages
which the latter may sustain by reason of the injunction if the court should finally decide
that the plaintiff was not entitled thereto.
FURTHER AFFIANT SAYETH NAUGHT.
_______________________
Affiant
JURAT
COMPLAINT WITH PRAYER FOR ATTACHMENT
(NOTE: First, state the facts showing plaintiff’s right to attach defendant’s properties)

CITY OF MANILA )S.S.
7
AFFIDAVIT
X, of legal age and a resident of the City of Manila, Philippines, after having been
duly sworn to in accordance with law, hereby deposes and says:
That he is the Plaintiff in the above entitled case;
That there is sufficient cause of action;
That the defendant has removed or disposed of his property, or is about to do so

with intent to defraud his creditor, the herein plaintiff-affiant;
That he is filing a bond in the amount of P_________________;
That the amount claimed in the action is as much as the sum which the order is
prayed for above all legal counterclaims.
_____________________
Affiant
JURAT
AFFIDAVIT IN PETITION FOR RECEIVERSHIP

CITY OF MANILA )S.S.
AFFIDAVIT
A, of legal age, married and a resident of the City of Manila, Philippines, after
having duly sworn in accordance with law, hereby deposes and says:
That he is the Plaintiff in the above titled case and that he has read the foregoing
complaint and that the facts therein stated are true and correct;
That he is the owner of the estate as pro-indiviso owner of the same with the
defendant;
That the defendant is in actual physical possession of the property in litigation

and as such, he is in control of the produce of the said property pending litigation;
That the produce or income from said property are in danger of being lost,
removed or materially injured unless a receiver be appointed to guard and preserve the
same, and the defendant is not only hostile to the plaintiff but also shows his demands to
exclude said plaintiff from all the products or proceeds coming from the said property;
That the defendant is hopelessly insolvent for he is heavily indebted to various

persons;
That he is willing and ready to file a bond in the amount which this Honorable
Court may fix in favor of the defendant against whom this receivership is presented to
the effect that he, the plaintiff will pay to the said defendant all damages which he will
sustain by reason of the appointment of receiver in case the plaintiff shall have procured
such appointment without sufficient cause, and such other bonds which this Honorable
Court may require him to file hereafter, as security for such damages.
8
______________________
(Affiant)
JURAT
SINUMPAANG SALAYSAY
Republika ng Pilipinas )
Lalawigan ng Rizal ) s. s.
Bayan ng Cainta )
SINUMPAANG SALAYSAY
AKO, JUAN DELA CRUZ, 30 taong gulang, binata at naninirahan sa Brgy. San
Roque, Cainta Rizal, matapos makapanumpa ng ayon sa batas ay malaya at kusang
loob na nagpapahayag ng mga sumusunod:
1. Na ako ang nagmamay-ari na isang Honda Civic na kotse, kulay pula,

modelo 1999, na nagtataglay ng makina na may numero bilang 00000.
2. Na noong ika-12 ng Mayo, taong kasalukuyan, nagpunta ako sa SM

Megamall sa may EDSA upang bumili ng libro. Iniwan ko ang nasabing
sasakyan sa ‘parking lot’ sa harapan SM ngunit nang ako ay bumalik sa
naturang ‘parking lot’ ay wala na roon ang aking sasakyan.
3. Na matapos ang ilang oras na masusing paghahanap, sa tulong ng mga

guwardiya ns SM, ay hindi ko natagpuan ang aking sasakyan. Marahil ito ay
“na-carnap” .
4. Na ginawa ko ang Sinumpaang Salaysay na ito upang aking patunayan ang

buong katotohanan ng aking salaysay na nasa itaas at paninidigan ko ito
saan man at kanino pa man.
SA KATUNAYAN ay nilagdaan ko ito ngayong ika-15 ng Mayo, 2000, dito sa

Cainta Rizal.
_______________________
JUAN DELA CRUZ
SINUMPAAN AT NILAGDAAN sa harap ko ngayong ika-15 ng Mayo,

2000 dito sa Cainta Rizal.
_______________________
MARIA SANTOS
Notaryo Publiko
Hanggang Disyembre 31,2001
IBP No. _____, 1/2/2001, Pasig City
PTR No. ____ 1/15/2001, Pasig City
Kasulatan Blg. ____

Pahina Blg. ____
Aklat Blg. ______
Serye ng 20____
IV. NEGOTIABLE INSTRUMENTS
PROMISSORY NOTE
(Date)
9
P_____________ ____________________, Philippines
________ months (or days) after date, I promise to pay, for value received, to
_____________________ or order the sum of _______________________PESOS, with
interest at ______percent per annum after maturity until paid. The makers and indorsers
severally waive presentment for payment, protest, and notice of non-payment of this
note.
_____________________
Maker
BILLS OF EXCHANGE
Manila, May ______, 2000
For value received, pay to _________________________ or order the sum of

___________________(P__________) PESOS, Philippine Currency, and charge the
same to the account of.
(Signature of Drawer)
TO: (Name of Drawee)

Address
CHECK
No. __________________
PHILIPPINE NATIONAL BANK

Manila, Philippines
Manila, Philippines ____________, 2001
PAY to ______________________________ or order/bearer

PESOS ______________________________
_____________________
(Signature)
P __________________________
(Philippine Currency)
V. CONTRACTS OR AGREEMENTS
LEGAL (CONVEYANCING) FORMS
(Note: if the deed/ contract is unilateral i.e., when the vendee assumes no obligation,
thee is no need for the vendee to sign the contract/ deed nor the acknowledgment;
however, if vendee is obliged to perform something, he must sign both the deed and the
acknowledgment.)
DEED OF SALE
KNOW ALL MEN BY THESE PRESENTS:
I, (Full name of vendor), filipino citizen, single/married to ___________________,

of legal age with residence and post-office address at _______________________;
10
For and in consideration of the sum of __________________ PESOS

(P_______), Philippine currency, to in hand paid by (Full name of vendee) filipino citizen,
of legal age, with residence and post office address at ______________,
Do hereby SELL, TRANSFER, AND CONVEY, absolutely and unconditionally, unto the
said __________________ his/her heirs and assigns, that certain parcel (or parcels of
lands, together with the buildings and improvements thereon), situated in (city or
municipality, and province), and more particularly described as follows, to wit:
of which I am the registered owner in fee simple in accordance with the Land
Registration Act, my title thereto being evidenced by Transfer (or Original) Certificate of
Title No. ________, issued by the Register of Deeds of ___________.
It is hereby mutually agreed that the vendee shall bear all the expenses for the
execution and registration of this deed of sale.
IN WITNESSS WHEREOF, I have hereunto signed this deed of sale, this

_______day of _________, 20______ at (city or municipality), Philippines.
_____________________ _________________
(Vendor) (Vendee)
With my marital consent (if married):
________________
(Vendor’s wife)
SIGNED IN THE PRESENCE OF:
__________________________ _____________________________
(Witness) (Witness)
ACKNOWLEDGMENT
DEED OF SALE UNDER PACTO DE RETRO
This Deed of Sale with Pacto de Retro made and executed by and between:
(full name of vendor), Filipino , of legal age, single (or married to

_________________), with residence and post-office address at
_______________________, hereinafter called the VENDOR, and
(full name of vendee), Filipino, of legal age, single (or married to

_________________), with residence and post-office address at
_______________________, hereinafter called the VENDEE.
That the VENDOR is the absolute owner of a certain parcel with all the buildings
and improvements thereon, situated in ____________________, and more particularly
described as follows, to wit:
(copy description stated in the certificate of title),
his title being evidenced by Transfer (or Original) Certificate of Title (or TCT/OCT) No.
________ issued by the Register of Deeds of ____________________;
That the VENDOR, a retro, in executing this conveyance, hereby reserves the
right to REPURCHASE and the VENDEE, in accepting the same, hereby obligates
himself to RESELL, the property herein conveyed within the period of _______ years
11
from and after the date of this instrument, for the same price of
________________________ PESOS (P________), Philippine currency; Provided,
however, that if the VENDOR shall fail to exercise his right to repurchase as herein
granted within the period stipulated, then this conveyance shall become absolute and
irrevocable, without the necessity of drawing up a new deed of absolute sale, subject to
the requirements of the law regarding consolidation of ownership of real property.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this
______ day of _________________, 2001, in ____________________, Philippines.
____________________________ __________________________
(Vendor) (Vendee)
With my marital consent (If married):
_____________________________
(Vendor’s wife)
_____________________________ ____________________________
ACKNOWLEDGMENT
DEED OF SALE OF PERSONAL PROPERTY
That I, ______________, of legal age, single, Filipino, residing and with postal
address at ____________________ for and in consideration of the sum of P
__________ have transferred and conveyed by way of absolute sale unto ________
Honda CRV car with plate No. ______, Motor No. ________, Chassis No. ______, of
which I am the absolute owner, free from all liens and encumbrances.
_______________
Seller
WITNESSES:
_____________________
_____________________
ACKNOWLEDGMENT
CONTRACT OF SALE INVOLVING REAL PROPERTY
That I, ______________, of legal age, Filipino, residing and with postal address
at ________________ for and in consideration of the sum of P __________ receipt of
which is hereby acknowledged have transferred and conveyed by way of absolute sale
unto ___________ of legal age, Filipino, residing at and with postal address at
________________ that parcel of land with the improvements thereon whose technical
description is as follows:
(Copy of description)
of which I am the absolute owner, my title thereto being evidenced by TCT No. _______
of the Register of Deeds of _____________ free from all liens and encumbrances.
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Seller
In the presence of:_____________________ __________________________
(NOTE: Unilateral – no need for the vendee to sign, however, if vendee is obliged to
perform something, he must sign.)
ACKNOWLEDGMENT

In the City of Manila, this ____ day of ______,2001, personally appeared before
me _____________ with Community Tax Certificate No. ________ on _____19 ____
issued at______ on ______, 20_____, known to me to be the same person who
executed the foregoing instrument of sale over one parcel of land, which instrument
consists of two (2) pages including the page on which this acknowledgment appears and
signed on the left margin of each and every page by the party executing this instrument
and his witnesses. Said party acknowledges to me that the same is his voluntary act and
deed.
seal at the City of Manila on this _____ day of _____, 20____.
NOTARY PUBLIC
IBP No. ______, 1/2/2001, Pasig City
P.T.R. No.____, 2/2/2001, Pasig City
Doc. No. ______;

Page No.______;
Book No. ______;
Series of 20____ ;
LEASE OF REAL PROPERTY
1. This agreement entered into by and between (state the parties: lessor and lessee)
2. In consideration of the rent and other covenants hereinafter set forth, the LESSOR
hereby leases to the LESSEE that the residential house located at ____________
belonging to the LESSOR and covered by TCT No. _____.
3. The term of this lease shall be for a period of _________.
4. Rent shall be paid at the rate of P______ per month within the first five (5) days of
each month.
5. Major and minor repairs shall be for the account of the LESSOR.
6. Taxes and assessments shall be for the account of the LESSOR, while expenses for
lights, water and other utilities shall be for the account of the LESSEE.
IN WITNESS WHEREOF…………..
_____________________ _________________
(Lessor) (Lessee)
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ACKNOWLEDGMENT
LEASE OF PERSONAL PROPERTY
That A, of legal age, married and residing in the City of Manila, Philippines,
hereby agrees to lease his Honda Civic car model 1999 with Plate No._______, Motor
No. _________and Chassisl No._______ to B, of legal age, married and residing in the
City of Manila, who hereby accepts to lease above described motor vehicle, subject to
the following terms and conditions :
(State terms and conditions)
IN WITNESS WHEREOF ………
__________________ __________________
(Lessor ) (Lessee)
ACKNOWLEDGMENT
REAL ESTATE MORTGAGE
I, (full name of mortgagor), Filipino citizen, of legal age, married to

___________________, and with residence and post-office address at
___________________, for and in consideration of a loan in the sum of
___________________ PESOS (P____________), Philippine currency, to me in hand
paid by (full name of the mortgagee), Filipino, of legal age, single/married to
___________________, and with residence and post-office address at
___________________, do hereby convey, by way of MORTGAGE unto the said (full
name of the mortgagee), his/her heirs and assigns, that certain parcel of land, together
with all the buildings and improvements thereon, situated in ____________________,
particularly described as follows:
of which real property I am the registered owner evidenced by Original/Transfer

Certificate of Title No._________ of the Land Registry of _____________: PROVIDED,
HOWEVER, that if I the said (full name of mortgagor) shall pay or cause to be paid to
said (Full name of mortgagee), his heirs or assigns, the said sum of
_________________ PESOS (P____________), within the period of ______________
(____) years from and after the execution of this MORTGAGE together with the interest
thereon at the rate of _________ per centum (____%) per annum, this MORTGAGE
shall be discharged and of no effect; OTHERWISE, it shall remain in full force and effect
and shall be enforceable in the manner provided for by law.
IN WITNESS WHEREOF, I have hereunto set my hands this _____ day of

______________, 20____, in _______________, Philippines.
________________ _________________
( Mortgagor) (Mortgagee)
With my marital consent (if married:)
____________________
(Wife of Mortgagor)
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__________________________ _____________________________
ACKNOWLEDGMENT
CHATTEL MORTGAGE
This CHATTEL MORTGAGE, made and executed by (Full name of mortgagor),

Filipino, of legal age, single (or married to mortgagor), with residence and post-office
address at ___________________ hereinafter called the MORTGAGOR, in favor of (full
name of mortgagee), Filipino, of legal age, single (or married to ______________), with
residence and post-office address at ________________ hereinafter called the
MORTGAGEE, witnesseth:
That the MORTGAGOR does hereby convey by way of chattel mortgage unto the
MORTGAGEE, the following described personal property, situated and ordinarily
presently in the possession of the said MORTGAGOR, to wit _____________________
(specify and describe the article or articles mortgaged).
That this CHATTEL MORTAGE is given as security for the payment of the
MORTGAGEE, of a certain promissory note, dated _____________ for the sum of
______________ PESOS (P________) with interest thereon at the rate of ___________
per centum (_____%) per annum, according to the terms thereof.
(copy of the promissory note)
That the condition of this CHATTEL MORTGAGE is such that if the said
MORTGAGOR, his heirs, executors, or administrators shall well and truly perform the full
obligation above stated according to the terms thereof, this CHATTEL MORTGAGE shall
be null and void, otherwise, it shall remain in full force and effect and shall be
enforceable in the manner provided by law.
IN WITNESS WHEREOF, the MORTGAGOR has hereunto set his hand

this______ day of ________, 20____, in _______________, Philippines.
__________________ _________________
(Mortgagor) (Mortgagee)
__________________________ ____________________________
ACKNOWLEDGMENT
AFFIDAVIT OF GOOD FAITH
We, the undersigned MORTGAGOR and MORTGAGEE, severally swear that the
foregoing chattel mortgage is made and executed for the purpose of securing the
obligation specified therein, and for no other purpose, and that the same is a just and
valid obligation, and one not entered into for the purposes of fraud.
__________________________ _____________________________
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JURAT
EASEMENT OF RIGHT OF WAY
This AGREEMENT OF EASEMENT OF RIGHT OF WAY, entered into this

______ day of ______________, 2001 by and between “A” owner of the dominant
estate, of legal age, single (or married to ___________________) and a resident of
_________________ and “B” , owner of the servient estate, also of legal age, single (or
married to ____________________), and a resident of ________________________
witnesseth:
That “A” is the owner of a parcel of agricultural land located in the municipality of
________________, province of ________________, and more particularly described
as follows, to wit:
(Description of “A’s” property)
which property is covered by T.C.T. No. ________ of the Register of Deeds of

______________, province of _______________, which lot is adjacent to “A’s” property,
and more particularly described as follows, to wit:
(Description of “B’s” property)
which property is covered by T.C.T. No. _____________ of the Register of Deeds of the
province of _____________________.
That “A” in order to have an access to and from, and to cultivate the above-
mentioned land, and so as to have an outlet to ________________, which is the nearest
public road and least burdensome to the servient estate and to third persons, it would be
necessary for him to pass through “B’s” property, and for this purpose, a path or
passageway of not less than two (2) meters wide through the whole length of the
western side of “B’s” property is necessary for the use of “A” and for all his needs in
cultivating his estate;
That said path or passageway is particularly described in the attached plan,

“Annex A’,
WHEREFORE, for and in consideration of the sum of _____________________

PESOS (P_________) the receipt whereof is hereby acknowledged by “B”, the latter
agrees and permits “A” to have a permanent easement of right of way over the above-
mentioned property of said “B” limited to not more than two (2) meters wide throughout
the whole length of the western side of said property and as specifically indicated in the
attached plan which is made an integral part of this contract, as “Annex A”.
It is further agreed that “B” shall deliver unto “A” all the necessary papers, deed,
and titles in relation to the servient estate in order to facilitate the registration of the
above-mentioned right of way, in accordance with.
This agreement shall be binding between the parties and upon all their heirs,
successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have signed this agreement the day
and the year first above written, in the municipality of _______________, province of
_______________, Philippines.
__________________________ __________________________
(Signature of owner of the (Signature of owner of
dominant estate) servient estate)
16
__________________________ ___________________________
ACKNOWLEDGMENT
POWER OF ATTORNEY
ACKNOWLEDGEMENT
GENERAL POWER OF ATTORNEY
I, ___________________, of legal age, single (or married to ______________),

resident of ________________, do hereby name, constitute and appoint
___________________, to be my true and lawful attorney, for me and in my name,
place and stead to do and perform the following acts and things, to wit:
To ask, demand, sue for, recover or collect any and all sums of money
and other things of value of whatever nature or kind as may now be or hereafter
become due, owing , payable or belonging to me, and to have, sue, and to take
any and all lawful ways and means for the recovery thereof by suit.
To make, sign, execute, and deliver contracts, documents, agreements,

and other writings of whatever nature.
HEREBY GIVING AND GRANTING unto my said Attorney full power and
authority whatsoever requisite or necessary or proper to be done in and about the
premises as fully to all intents and purposes as I might or could lawfully do if personally
present, with power of substitution and revocation, and hereby ratifying and confirming
that all that my said attorney or his substitute shall lawfully do or cause to be done under
and by virtue of these presents.
IN WITNESS WHEREOF, I have hereunto set my hand this _______ day of

________________, 2001, in ________________, Philippines.
_______________________
(Principal)
_________________________ _______________________
ACKNOWLEDGMENT
SPECIAL POWER OF ATTORNEY
I, _________________________, of legal age, single (or married to

_________________), resident of ____________________, do hereby name, constitute
and appoint __________________, of legal age, single or married), resident of
_______________, to be my true and lawful attorney, for me and in my name, place and
stead within the period of_____ months (or years), to SELL, TRANSFER and CONVEY,
for the price not less than ____________________PESOS (P___________), Philippine
Currency, to whosoever may purchase or buy my Honda CRV car with plate
No._____________, Motor No._________, and Chasis No._________________, of
which I am the absolute owner, free from all liens and encumbrances; and
17
HEREBY GIVING AND GRANTING unto my said attorney full powers and
authority to do and perform all and every act requisite or necessary to carry into effect
the foregoing authority to sell, as fully to all intents and purposes as I might or could
lawfully do if personally present, with full power of substitution or revocation , and hereby
ratifying and confirming all that my said attorney or his substitute shall lawfully do or
cause to be done by virtue hereof .
IN WITNESS WHEREOF, I have se my hand this________ day of

_____________________, 2001, in_____________________, Philippines.
____________________
Principal
Signed in the presence of:
____________________
____________________
ACKNOWLEDGMENT
VI. DONATIONS AND WILLS
DONATION INTER VIVOS/MORTIS CAUSA
This Deed of Donation made and executed in the _____________, Philippines, by

____________, of legal age, single/married to ____________ , Filipino citizen and with
residence and postal address at _________________, hereinafter called the DONOR.
- favor of-
_______________________,of legal age, single/married to _______________,
Filipino citizen and with residence and postal address at _______________, hereinafter
called the DONEE.
WITNESSETH:
That the Donor is the absolute owner of that certain real property situated at
____________ and more particularly described as follows:
(description of the property)
That, for and in consideration of the love and affection of the Donor for the Donee
(and for the faithful services the latter has rendered in the past to the former), the said
Donor by these presents hereby cedes, transfers, and conveys, by way of donation, unto
said Donee the real property above described, together with all the buildings and
improvements existing thereon, free and clear of all liens and encumbrances.
ACCEPTANCE
That the Donee does hereby accepts the foregoing donation of the above-
mentioned described property for which he/she expresses his/her sincerest appreciation
and gratitude for the kindness and liberty shown by the Donor.
(NOTE:If inter vivos, state the following)

“The donor hereby states that , for the purpose of giving effect to the donation, he
has reserved for himself in full ownership sufficient property to support him in a manner
appropriate to his needs)
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands at the
place first above written, on this _____ day of _____, 20__.
(NOTE: In case of donation mortis causa, an attestation clause is included and is signed
by 3 witnesses. State that the donation shall become effective upon the death upon the
18
death of the donor, but in the effect that the donee should die before the donor, the
present donation shall be deemed rescinded and of no further force and effect.
In case of donation inter vivos, only 2 witnesses are needed to sign).
WILLS
HOLOGRAPHIC WILL
(NOTE: This should be handwritten)
15, May 2000
I, ____________________, of _____________________ being of sound mind and

disposing mind, do hereby declare this to be my last will and testament which I have written in
my own handwriting in English, a language known to me, and I hereby declare that all my
properties shall upon my death be distributed to my wife __________________ and to my only
child ____________________ share and share alike.
Juan Dela Cruz
NOTARIAL WILL
LAST WILL AND TESTAMENT
Of
__________________________
(Name of Testator)
I, _____________________, of legal age, single (or married to_____________),

a native of 20___; now actually residing at ____________________, being of sound and
disposing mind and memory, and not acting under influence, violence, fraud or
intimidation of whatever kind, do by these presents declare this to be my Last Will and
Testament which I have caused to be written in English, the language which is known to
me. And I hereby declare that:
I. The following are my children (Names) with their address
I give and bequeath to my children _____________, ________________,

And ________________, in equal shares, the following properties, real
and personal, whatsoever and wheresoever located:
(Description)
II. I designate ________________ the sole executor of this my Last Will and
Testament.
IN WITNESS WHEREOF, I have hereunto set my hand this ______ day of

___________________, 2001, in ______________, Philippines.
____________________
(Signature of Testator)
ATTESTATION CLAUSE
We, the undersigned attesting witnesses, whose residences are stated

opposite our respective names, do hereby certify: That the testator,
___________________, has published unto us the foregoing will consisting of
19
_______ pages numbered correlatively in letters on the upper part of each page,
as his/her Last Will and Testament and has signed the same and every page
thereof, on the margin, in our joint presence and we, in turn, at his/her request
have witnessed and signed the same and every page thereof, on the left margin,
in the presence of the testator and in the presence of each and all of us.
(Signature of at least three witnesses)
______________________ _____________________
(Witness) (Residence)
______________________ _____________________
___________________________ __________________________
JOINT ACKNOWLEDGMENT
BEFORE ME, Notary Public for and in the City/Municipality of

_________________, Philippines this ______ day of _________________, 2001,
personally appeared:
The testator, with C.T.C. No. _____________ issued at

_________________ on _________________, 2001;
Witness, with C.T.C. No. _____________ issued at

__________________ on ________________, 2001;

__________________ on ________________, 2001;

__________________ on ________________, 2001;
all known to me to be the same persons who signed the foregoing Will, the first as
testator and the last three as instrumental witnesses, and they respectively acknowledge
to me that they signed the same as their own free will and deed.
This Will consists of ______ pages, including the page in which this
acknowledgment is written, and has been signed on the left margin of each and every
page thereof by the testator and his witnesses, and sealed with my notarial seal.
IN WITNESS WHEREOF, I have hereunto set my hand the day, year and place
above written.
NOTARY PUBLIC
My commission expires Dec. 31, 2001
IBP No. ______, 1/2/2001, Pasig City
PTR No. _____, 2/2/2001, Pasig City
Doc. No. ______

Page No. ______
Book No. ______
Series of 2000
VI. PLEADINGS
Pleadings are filed in four (4) kinds of cases, namely: Civil Actions; Provisional
Remedies; Special Civil Actions; and Special Proceedings
A. MISCELLANEOUS CIVIL PLEADINGS
20
COMPLAINT BASED ON AN ACTIONABLE DOCUMENT (One Cause of Action)
(Caption)
COMPLAINT
COMES NOW the plaintiff, by the undersigned counsel, and to this

Honorable Court, respectfully alleges:
1. That the plaintiff is of legal age, Filipino citizen and resident of

No.7 Agoo Street, Quezon City and the defendant is also of legal age, Filipino citizen
and a resident of No. 19 Dagupan Street, Tondo, Manila where he may be served with
summons;
2. That on or about January 1, 1983, defendant obtained a loan of

P20,000.00 from the plaintiff payable within 90 days from date of receipt at 12% per
annum;
3. That said loan, now overdue, is evidenced by a promissory note

signed by the defendant, a copy of which is hereto attached as “annex A” and made part
of this complaint;
4. That despite repeated demands, both written and oral, defendant

has failed and refused to apply said loan;
5. That due to the unjust and unlawful act of the defendant to comply
with the said demands, the plaintiff was compelled to institute this action engaging the
services of counsel in the amount of P1,000.00
WHEREFORE, it is respectfully prayed that judgment be rendered

against the defendant to pay the plaintiff the sum of P20,000.00 plus interest of 12%
from the date of the instrument until full amount is payed and attorney’s fees in the
amount of P1,000.00 and costs of the suit.
Other equitable reliefs are likewise prayed for.
___________________, 1991, Quezon City.
________________________
Attorney for Plaintiff
________________________
Address
P.T.R. No.______ Date & Place of Issue______

IBP O.R. No._____ Date & Place of Issue_____
COMPLAINT (SEVERAL CAUSES OF ACTION)
Plaintiff Alleges:
First Cause of Action
1. That the plaintiff is a resident of the City of Manila, and that defendant is a
resident of 486 Tenesee, Malate, Manila where he may be served with
summons;
21
2. That on the 11th day of June, 1983, defendant executed and delivered to plaintiff
a promissory note, in the following words and figures, to wit:
(insert copy of the promissory note or use as Annex)
3. That defendant has not paid promissory note, nor any part thereof or interest
thereon;
As Second Cause of Action:
1. Plaintiff hereby incorporates the allegations of paragraph 1 of the first cause of

action;
2. That on the 19th of August 1983, defendant executed and delivered to the plaintiff
his promissory note in the following words and figures, to wit:
(insert copy of promissory note)
2. Same as paragraph 3 of the first cause of action)
WHEREFORE, it is respectfully prayed that judgment be rendered in favor of

Plaintiff and against defendant for the sum of (the total amount of the promissory notes)
with interest at the rate of six percentum per annum on each of the aforesaid notes, until
paid; interest at the legal rate on the interest due from the time of the filing of the
complaint and attorney’s fees plus costs.
PLAINTIFF, further prays for such other relief as this Honrable Court may deem
just and equitable in the premises.
Manila, Philippines, October 10, 1987.
JOSE CRUZ
Attorney for the Plaintiff
311 Regina Building, Manila

P.T.R. No.__ & IBP Receipt No. __
CERTIFICATION OF NON-FORUM SHOPPING
ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES

AND COUNTERCLAIM
JUAN DELA CRUZ

Plaintiff,
CIVIL CASE NO. 12368

-versus-
PEDRO SANTOS
Defendant,
x------------------------------------------x
ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES

AND COUNTERCLAIM
22
NOW COMES the defendant in the above entitled case, and to this Honorable
Court most respectfully alleges:
1. Defendant admits the averment in paragraph 1,2 and 3 of the complaint;
2. Defendant specifically denies the allegation in paragraph 4 of the

complaint, the truth being that…. ( State here the fact being claimed by
the defendant as the true state of facts or the truth being those stated in
the special and affirmative defenses herein set forth)
3. Defendant has no knowledge or information to form a belief as to the truth

of the averment in paragraphs 5,6,7 and 8 of the complaint;
By way of special and affirmative defenses, defendant avers:
1. That the obligation has been paid;
2. That the defendant had purchases said land from plaintiff and paid said
promissory notes;
3. That the cause of action has prescribed.
By way of counterclaim, defendant alleges:
1. That by virtue of this unwarranted and malicious act initiated by the

plaintiff, defendant was forced to engage counsel in the sum of
P10,000.00.
WHEREFORE, it is respectfully prayed that the complaint be dismissed and

defendant be awarded the amount of P5,000.00
Other equitable reliefs are likewise prayed for.
Manila, Philippines, May 27, 2000.
ERNESTO FLORES
Attorney for the Defendant
_______________________
Address

IBP O.R. No._____ Date & Place of
Issue_____
(Under oath if document is denied.)

(Copy furnished with Proof of Service and Explanation)
ANSWER WITH SPECIFIC DENIAL OF DOCUMENT UNDER OATH
THAT Defendant specifically denies under oath the genuiness and due execution
of the instrument a copy of which is attached to Plaintiff’s complaint as Annex “A”, the
truth being that his signature thereon is forged and that he did not in fact sign the said
instrument.
ERNESTO FLORES
23
_________________________
Address
P.T.R. No. ________ Date & Place of Issue________

IBP O.R> No. ______ Date & Pace of Issue________
VERIFICATION
(Or Oath of the Defendant)
______________________
Defendant
JURAT
MOTIONS
(NOTE: All motions must be addressed to the other/adverse party; it must
contain a notice of hearing and proof of service or an explanation why personal service
was not resorted to.
MOTION TO INTERVENE
COMES NOW X, by his under signed counsel, to this Honorable Court

respectfully prays that he be permitted to intervene in this case as a party plaintiff (or as
a party defendant) on the ground that he has legal interest in the matter under litigation,
and that he may be adversely affected in these proceedings as shown in the attached
Complaint-in-Intervention (or answer in intervention).
WHEREFORE, it is respectfully prayed that X be allowed to intervene as party

plaintiff (or defendant) and the attached complaint be admitted and served on the
defendant (or answer be admitted and X be allowed to serve copy of the same to the
Plaintiff).
Atty. Y
Counsel for X
(With Notice of Hearing, Proof of Service and Explanation)
MOTION TO QUASH
COMES NOW X, accused in the above titled case, through his undersigned
attorney and respectfully moves to quash the information filed against him on the ground
that:
1. Lack of jurisdiction
2. Prescription
3. Facts alleged do not constitute an offense, etc.
ARGUMENTS
( here set forth the reasons in support of the motion to quash)
WHEREFORE, it is respectfully prayed that the information filed against the

accused be dismissed.
( notice of hearing)
MOTION TO DISMISS
NOW COMES Defendant, by his undersigned attorney, to this Honorable Court

and respectfully moves that the complaint be dismissed on the following grounds:
24
( here mention one or more grounds provided for in Rule 16, Rules of Court) 1.
Lack of Jurisdiction; 2. Payment; 3. Novation; 4. Prescription; 5. Lack of capacity.
ARGUMENTS
( here set forth the reasons in support of the grounds mentioned)
WHEREFORE, it is respectfully prayed that the complaint be dismissed.
MOTION FOR NEW TRIAL
NOW COMES Defendant (or plaintiff) by his undersigned attorney to this

Honorable Court and respectfully moves that the decision of this Honorable Court dated
March 1, 1987 and received on March 7, 1988 be set aside and new trial be granted on
the following grounds:
(here give the grounds provided for in Rule 37, Rules of Court; such as fraud,
accident, mistake, or newly discovered evidence or excessive damages awarded)
ARGUMENTS
(here se forth the reasons in support of the ground/s mentioned)
WHEREFORE, it is respectfully prayed that the decision of this Honorable Court

be set aside and new trial be granted.
MOTION TO WITHDRAW WITH SUBSTITUTION OF COUNSEL
COMES NOW, JRC, Counsel on record for the defendant and to this Honorable
Court respectfully moves to withdraw as counsel of said defendant with the express
consent of said defendant as shown in this motion;
That in the substitution thereof, Atty. BFG whose services have been engaged by
defendant hereby enters his appearance as counsel for defendant;
That upon approval of this Honorable Court, all pleadings, notices, and papers in
connection with this case be addressed to new counsel BFG with address at No. 7 Sta.
Catalina, Sampaloc, Manila.
With my consent:
___________________________
BFG
New counsel
________________________
Address

(copy furnished: adverse counsel)
(Proof of Service and Explanation)
25
MOTION FOR POSTPONEMENT OF HEARING
COMES NOW Defendant through undersigned counsel unto this Honorable

Court respectfully states:
That the above entitled case is set for hearing on July 7, 1988;
That counsel for defendant is afflicted with influenza and is now under the
medical care of Dr. PTB. A copy of the physician’s certificate under is hereto attached.
WHEREFORE, it is respectfully prayed that the hearing set on July 7, 1988 be

reset to another day preferably on the first week of August 1988 or at the convenience of
this Honorable Court.
Manila, Philippines, July 2, 1988.
Sgd. ALC
Counsel for defendant
(Notice of Hearing)
MOTION FOR JUDGMENT ON THE PLEADINGS
COMES NOW, the Plaintiff through the undersigned counsel and to this
Honorable Court respectfully alleged:
1. That in the answer of defendant filed on July 1, 1988 be admitted having

signed the promissory note and merely interposed defense that he was
asking for time within which to pay the obligation.
2. That said answer does not tender any issue and in fact it can be read
therefrom that defendant admitted his obligation.
WHEREFORE, it is respectfully prayed that this Honorable Court render

judgement on the pleadings.
Manila, Philippines, July 5, 1988.
XYZ
Counsel for Plaintiff
MOTION FOR EXECUTION OF JUDGMENT
COMES NOW, the Plaintiff through undersigned counsel and to this Honorable
Court respectfully alleged:
1. That judgment was rendered by this Honorable Court in favor of the

2. plaintiff on June 1, 1988.
3. That said judgment was duly received by the defendant on June 5, 1988
as shown in the registry return card;
4. That up to the present, the defendant had not filed any motion for
reconsideration or had appealed from said decision, hence the decision
has become final and executory.
WHEREFORE, it is respectfully prayed that an order be issued by this Honorable

Court for a writ of execution of said judgment.
26
Manila, Philippines. July 5, 1988.
XYZ
Counsel for Plaintiff
NOTICE OF HEARING IN EX-PARTE AND NON-LITIGOUS MOTION
The Branch Clerk of court

RegionalTrial Court
National Capital Judicial Region
Branch______, Makati, Metro Manila
GREETINGS:
Considering the urgency and non-litigious nature of the above motion, please
submit the same forthwith upon receipt for the consideration and approval of the
Honorable Court.
_______________________
(Counsel for the Defendant)
B. PROVISIONAL REMEDIES
PETITION FOR INJUNCTION
(NOTE: Must allege acts that should be enjoined and the basis for petitioners claim why
they should be enjoined.)
THAT the continuance of the acts aforementioned during the present litigation
will not only cause great and irreparable injury but will also work injustice to the plaintiff.
PETITION FOR INJUNCTION
(Caption and Title)
PETITION
Plaintiff, through counsel alleges:
1. (Averment of names and residences)

2. (State in logical order the facts of plaintiff’s complaint stating the grounds for
the issuance of preliminary injunction)
PRAYER
Attorney for Plaintiff

Address
VERIFICATION & CERTIFICATION OF NON-FORUM SHOPPING

(NOTE: The form for Affidavit in support of Injunction)
JURAT
COMPLAINT FOR RECOVERY OF PERSONAL PROPERTY

(Replevin)
27
(CAPTION AND TITLE)
COMES NOW, the Plaintiff, through the undersigned counsel in the above
entitled case and to this Honorable Court alleges:
1. That said plaintiff is the lawful owner of the following described personal
property;
2. That on or about the 1st day of March 1988, herein defendant borrowed
said property from Plaintiff promising to return the same the next day;
3. That on April 1, 1988, and for 10 days thereafter, the herein Plaintiff
demanded for the return of the said property but despite repeated
demands, said Defendant refused and still refuses to return the said
property claiming that the same belongs to him;
4. 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);
5. That the actual value of the said personal property is P10, 000.00;
6. 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, Plaintiff prays for judgment:
1. Ordering the sheriff or other officer of the Court forthwith to take such
property into his custody and to dispose of it in accordance with the Rules of
Court;
2. After trial of the issues, adjudging that the Plaintiff has the right to the
possession of said personal property and rendering judgment in the
alternative against the Defendant for the delivery thereof to the Plaintiff of the
value thereof in case delivery cannot be made;
3. Ordering the defendant to pay the costs of this suit, and for such other
equitable relief in the premises.
_________________________
Counsel
VERIFICATION & CERTIFICATION ON NON-FORUM SHOPPING
JURAT
C. SPECIAL CIVIL ACTIONS
REQUIREMENTS IN PETITION FOR CERTIORARI, PROHIBITION & MANDAMUS
(NOTE: In petitions for certiorari, prohibition, and mandamus, insert allegations

that the lower court or tribunal acted in excess of jurisdiction, or without jurisdiction, or
with grave abuse of discretion amounting to lack of or in excess of jurisdiction, attaching
as annexes to the first original copy of the petition certified true copies of the orders
complained of, and then these three must always state that petitioner has no other plain,
adequate remedy in the ordinary course of law. Mandamus requires the allegation that
28
the remedy sought for is immaterial. All three petitions must be verified in accordance
with the new SC Circular and with Certification on Non-Forum Shopping).
COMPLAINT FOR EJECTMENT
XYZ
Plaintiff,
CIVIL CASE NO. _______________
-versus-
ABC
Defendant.
x---------------------------x
COMPLAINT
COMES NOW the Plaintiff in the above entitled case, through counsel, and to
this Honorable Court alleges;
That the plaintiff is of legal age and a resident of the City of Manila; that
defendant is likewise of legal age, residing at No. 2 Cruz Street, Manila and may be
served with summons at said address;
II
That defendant on January 7, 2001, leased from the plaintiff the premises located
at No. 7 Cruz Street, Manila, agreeing to pay monthly rental of P 1, 000.00
III
However, defendant failed to pay the aforesaid monthly rentals on their due
dates, such that as of the date hereof, his arrearages have accumulated up to
P_____________;
IV
That on March 7, 2001, demands was made on defendant to pay his rental in
arrears and vacate the premises, but despite said demands, written and oral, defendant
failed and refused to pay the rentals in arrears and vacate the premises leased by him;
As a result, plaintiff was constrained to institute this case, incurring in the process
obligations for litigation expenses and attorney’s fess in the amount of
_______________
PRAYER
WHEREFORE, it is respectfully prayed that judgment be rendered against the

defendant ordering him:
1. To vacate the premises leased by him;
2. To pay the monthly sum of P1, 000.00 beginning with the month of
__________, 2001, with interest thereon at the legal rate until fully paid
until the defendant vacates said premises;
3. To pay the sum of P_________ as litigation expenses and attorney’s

fees.
29
Plaintiff further prays for such other reliefs as this Court may deem just and
equitable.
DEFG
_________________________________
Address
P.T.R. No._______ Date & Place of Issue_____

_______________________
Plaintiff
JURAT
COMPLAINT FOR FORECLOSURE OF MORTGAGE
COMPLAINT
NOW COMES plaintiff to this Honorable Court and for cause of action against the
defendant, respectfully alleges:
That on March 6, 1988, defendant executed a promissory note (Annex A hereof)

in favor of the plaintiff in terms and conditions as follows:
(COPY)
That to secure the payment of the said promissory note, defendant executed on
March 1, 1988 a Deed of Mortgage in favor of plaintiff over a parcel of land whose
technical description is as follows:
(COPY DESCRIPTION)
Copy of said Deed of Mortgage is attached hereto, marked annex “B” and made
as integral part of this complaint;
That said mortgage was registered with the Office of the Registrar of Deeds of
Quezon City on March 2, 1988;
That payment of said promissory note is long overdue and defendant has failed
to pay the same despite repeated demands;
WHEREFORE, it is respectfully prayed that judgment be issued in favor of the

plaintiff, ordering the defendant to pay:
1. The principal sum of P50,000.00 until fully paid;
2. That the aforementioned parcel of land be sold at a public auction should

the defendant fail to pay the sums set forth in this complaint and apply the
proceeds thereof in accordance with the dispositions of law.
DEFG
30
________________________________________
Address

_______________________
Plaintiff
JURAT
VERIFICATION
D. SPECIAL PROCEEDINGS
PETITION FOR HABEAS CORPUS
NOW COMES X, the petitioner, by his undersigned attorney, to this Honorable

Court and respectfully represents:
That he is the father of Y, who is presently in the custody of Z, maternal

grandmother of Y, who (Z) forcibly abducted him (Y) and up to now actually restrains him
(Y) of his liberty;
That despite demands, Z refuses to turn over the custody of Y to your petitioner;
WHEREFORE, it is respectfully prayed that an order be issued to Z to bring the

minor to this Honorable Court at the hour and date to be set by this Honorable Court,
and thereafter that the custody of the minor Y be turned over to your petitioner.
_________________________
Counsel

(by Petitioner)
X, upon being duly sworn deposes and says:
That I am the petitioner in the above entitled case, that I have read the contents
of the said petition and that said contents are true and correct of my own personal
knowledge.
________________________
Petitioner
JURAT
PETITION FOR GUARDIANSHIP
NOW COMES X, by his undersigned attorney, to this Honorable Court and

respectfully represents:
That he is the father of the minor Y;
That Y is presently a resident of the City of Manila;
That Y is the owner of a parcel of land located in the City of Manila valued at
P50,000 and as such minor can make no transactions regarding the same;
31
That the nearest of kin of Y are the following:
(here mention the nearest kin and their address)
That due to the minority of the said ___________________, it is necessary and

convenient that a guardian of his person and property be appointed;
That, as above stated, ____________________ is the person having the said

minor in his care, and that he possesses all qualifications to whom letters of
guardianship should issue.
(Furnish a bond of not less than 10% of the value of the property or annual income, if it
exceeds P50,000)
WHEREFORE, it is respectfully prayed that after due notice and hearing your
petitioner be appointed guardian over the estate of Y.
________________________
Counsel
_______________________
Petitioner
JURAT
PETITION FOR APPOINTMENT OF ADMINISTRATOR
(Caption and Title)
In the Matter of the Intestate

Estate of PETER DOE SPL. PROC. NO.
JOSE DOE,
Petitioner.
x-----------------------------------------------------x
PETITION
PETITIONER, through counsel, unto this Honorable Court respectfully alleges:
1. (Averment of names, ages and residences)
2. That on ___________________, PETER DOE died without leaving any will in

the City of ______________________ which was his residence at the time of
his death.
3. That the names, ages, and residences of the surviving heirs of the
aforementioned deceased, are the following to wi:
Names Ages Relation Residence
4. That the deceased left the following real and personal properties:
Character Location Probable Value
5. That, as far as petitioner knows, the following are the names of the creditors
of the decedent, to wit:
32
Names Address Amount of Credit
6. That decedent died a bachelor, leaving no descendants nor ascendants

whether legitimate or otherwise, and petitioner, is the only surviving brother of
said decedent.
PRAYER
WHEREFORE, it is prayed that, after due notice and hearing letters of

administration of the estate of the deceased PETER DOE be issued to petitioner.
Place, Date and Signature

_____________________
Counsel
_____________________
Address
_______________________
Petitioner
JURAT
E. CRIMINAL PROCEEDINGS
ESSENTIAL PARTS OF AN INFORMATION
1. Caption
2. Heading
3. Opening sentence
4. Body alleging acts or omissions constituting a crime
5. Contrary to law
6. Certification of Preliminary Investigation
7. Jurat
8. List of Witnesses
9. Bail Recommended
ESSENTIAL PARTS OF A COMPLAINT
1. Caption
2. Heading
3. Opening sentence
4. Body alleging facts or omissions constituting a crime
5. Contrary to law
6. Oath of Complaint with his/her signature
7. Certification of Prosecutor
8. Jurat
DIRECT FILING OF COMPLAINT
1. Caption
2. Heading
3. Opening sentence
5. Signature
6. Jurat
COMPLAINT
33
COMPLAINT FILED BY OFFENDED PARTY BEFORE MUNICIPAL JUDGE
ACTS OF LASCIVIOUSNESS
(Caption and Title)
COMPLAINT
The undersigned, _______________, accuses _______________ of the crime of

an ACT OF LASCIVIOUSNESS, committed as follows, to wit:
That on or about _______________, in the Municipality of ______________,

Province of
______________, Philippines, within the jurisdiction of this Court, the said accused,
actuated by lust, did then and there, willfully, unlawfully, and feloniously, commit an act
of lasciviousness upon the undersigned by then and there embracing and kissing her
and touching her breasts and sexual organs, against her will, and by means of force.
__________, this __________ day of __________________, 2001.
________________________
Offended Party
Subscribed and sworn to before me this______ day of ________________,

2001, by _____________________, offended party.
_________________________
Municipal Judge of __________
WITNESSES:
____________________________
____________________________
INFORMATION
ABDUCTION WITH CONSENT
(Caption and Title)
INFORMATION
The undersigned, provincial fiscal, upon sworn complaint originally filed by the
offended party, accuses ______________ of the crime of Abduction with Consent,
committed as follows:
That on or about ______________ in the Municipality of ____________,

province of _____________, Philippines, within the jurisdiction of this court, the said
accused willfully, unlawfully, and feloniously removed, took and carried away
_________, a virgin over twelve and under eighteen years of age, from her dwelling with
her consent and with lewd designs.
Contrary to law:
____, ___________,2000
_______________________
(Provincial Prosecutor)
WITNESSES:
______________________
34
______________________
CERTIFICATION
NOTE: All informations, for offenses filed by the city or provincial prosecutors must contain a
certification under oath by the investigating fiscal that before filing the case he had previously
conducted a preliminary investigation wherein the accused was given a chance to appear. Such
a certification under oath may be stated substantially as follows:
A preliminary investigation has previously been conducted in this case under my

direction, having examined the witnesses in accordance with the provisions of R.A. No.
5180, as amended by P.D. No. 77, Dec.6, 1972 and P.D. 911, March 23, 1976 and as
implemented by Dept. of Justice Circular No. 74, series of 1967 and Circular No. 23,
series of 1975.
______________________
Assistant Prosecutor
SUBSCRIBED AND SWORN to before me this _____ day of ____________,

2000 in the city/municipality of ___________, Philippines, by _________________,
assistant fiscal of _______________.
_______________________
Judge, RTC of ___________
NOTE: The “OK” or approval by the City or Provincial Prosecutor is also required by law before
any information may be filed by any assistant fiscal.
SERIOUS ILLEGAL DETENTION/KIDNAPPING
(Caption and Title)
The undersigned accuses X of the crime of SERIOUS ILLEGAL DETENTION

( or KIDNAPPING), committed as follows:
That about and during the period beginning the _____ day of
________________, 2000, in the municipality of ________________, province of
_______________, Philippines, and within the jurisdiction of this Honorable Court, said
X, suspecting that one Z had knowledge of the elopement of her sister , did then and
there willfully, unlawfully, feloniously and by force, take said Z, a man 50 years of age,
while the latter was walking in ________________, whom said accused detained and
kept locked room in his room from _______________ to _______________, 2000, or a
period of _______days, under restraint and against the will of the said Z, and said
accused did, during said period of detention, maltreat and refuse to release said Z until
the sister of the accused was found.
Contrary to law.
_______________________
Prosecutor
MISCELLANEOUS CRIMINAL PROCEEDINGS
PETITION FOR BAIL
(Caption and Title)
PETITION FOR BAIL
COMES NOW the defendant in the above-titled case by his undersigned attorney
and respectfully states:
1. That the defendant is in the custody for the alleged commission of a capital
offense;
35
2. That no bail has been recommended for his temporary release, on the
assumption that the evidence of guilt is strong;
3. That the burden of showing that evidence of guilt is strong is on the
prosecution, and unless this fact is satisfactorily shown, the defendant may
be bailed at the court’s discretion.
WHEREFORE, upon prior notice and hearing, it is respectfully prayed that the
defendant be admitted to bail in such amount as this Honorable Court may fix.
_____, _______________, 2000.
_______________________
(Attorney for the Defendant)
_______________________
(Address)
(With Notice of Hearing and Proof of Service)
NOTICE OF APPEAL
(Caption and Title)
NOTICE OF APPEAL
COMES NOW the defendant (or plaintiff as the case maybe) by the undersigned
attorney, and hereby files notice of appeal from the judgment of this Honorable Court in
the above-entitled case, dated ____________ a copy of which was received by him on
_______________, and appeals the same to the Court of Appeals.
_____, _______________, 2000.
_______________________
(Attorney for the Petitioner)
_______________________
(Address)
SUBPOENA
(NOTE : A subpoena shall be signed by the clerk, or by the judge if his court has no
clerk, under the seal of the court. It shall state the name of the court and the title of the
action or investigation, shall be directed to the person whose attendance is required, and
if subpoena duces tecum, it shall also contain a reasonble description of the things
demanded which must appear to the court prima facie relevant).
SUBPOENA
To: _____________________
_____________________
You are hereby commanded to appear before the Regional Trial Court of
_________________, on the _____ day of ________________, 2000, at _________
o’clock A. M., then and there to testify in the action of X against Y (here set the number
of the case).
Witness the Honorable ______________, judge of said court, this ______ day of
_________________, 2000
_______________________
(Clerk)
36
SUBPOENA DUCES TECUM
(Caption and Title)
To: _____________________
_____________________
You are hereby required to appear before the Regional Trial Court of
________________ on the ______ day of _______________, 2000 at _________
o’clock and to bring with you into the court the following (describe book, deed, writing, or
other documents), it being necessary to use the same as testimony in the cause there
pending, wherein _________________ is the plaintiff and _________________ is
defendant.
______________________
Judge X, RTC of _______
ORDER OF ARREST
(Caption)
Case No. ____________

REPUBLIC OF THE PHILIPPINES,
Plaintiff,
-versus- } ORDER OF ARREST
___________________________
Accused.
TO ANY OFFICER OF THE LAW:
You are hereby commanded to arrest _________________________ who is said

to be at ________________________________ and who stands __________ charged
before me of the crime of ___________________, and to bring him before me as soon
as possible to be dealt with as the Rules of Court direct. ___________________,
Philippines, _____ day of _______________, 2000.
_______________________
Judge X, RTC ________
SEARCH WARRANT
(Caption)
THE PEOPLE OF THE PHILIPPINES

Plaintiff, Criminal Case No. _______
-versus- } For
______________________
________________________ (State nature of offense)
Defendant,
X ---------------------------------------------- X
37
SEARCH WARRANT
TO ANY PEACE OFFICER:
Greetings:
It appearing to the satisfaction of the undersigned, after examining under oath

(name of applicant) and his witness (name of witness) that there are good and sufficient
reasons to believe that (name of person or persons to be searched) has in his control in
premises No. _______ in (name of street), district of _______________.
Subject of the offense

Property Stolen or embezzled and other proceeds or fruits of the offense
Used or intended to be used as the means of committing
an offense
which should be seized and brought to the undersigned.
You are hereby commanded to make immediate search at any time in the
day/night of the premises above described and forthwith seize and take possession of
the following personal property, to wit:
(give complete and detailed description of the

______________________________________________________________________
property to be seized)
and bring said property to the undersigned to be dealt with as the law directs.
Given under my hand this ______ day of ________________, at

_________________, Philippines.
______________________
Judge, RTC of __________
DEMURRER TO EVIDENCE
(Caption and Title)
MOTION TO DISMISS BY WAY OF

DEMURRER TO EVIDENCE
Accused JUAN DELA CRUZ, through counsel, and pursuant to leave granted by
this Honorable Court in its order dated 20 May 2000, respectfully submits this motion to
dismiss by way of demurrer to evidence and alleges that:
The Indictment
The Evidence for the Prosecution
Arguments
(why the case should be dismissed; insufficiency of
evidence should be among those enumerated,
showing why the same is insufficient)
Prayer
(With Notice of Hearing, Proof of Service, and Explanation)
38
APPLICATION FOR COMPULSORY PROCESS TO SECURE

ATTENDANCE OF WITNESS
(Caption and Title)
The Clerk of Regional Trial Court _______________________________
Sir: Please cause a subpoena to be issued to the following persons in order that
they may appear to testify in behalf of the defendant in the trial of this case which shall
take place before this court on _____________ , at ________ A.M:
____________________________ _________________________
(Name) (Address)
____________________________ _________________________
(Name) (Address)
__________, this _________ day of ______________, 2000.
______________________
(Attorney for the Defendant)
_______________________
(Address)
PRAYER TO ST. JOSEPH OF CUPERTINO
O Great St. Joseph of Cupertino, who when on earth did obtain from God the grace
to be asked in the examinations only questions you knew. Obtain for me the same favor
in this examinations which I am now preparing for. In return I promise to make you
known and cause to be invoked through Christ, our Lord. Amen
THAT IN ALL THINGS GOD MAY BE GLORIFIED!!!
39
LEGAL & JUDICIAL FORMS

Last Minute Tips
I. Acknowledgment; Jurat
ACKNOWLEDGMENT
(Simple Form)

PROVINCE OF _______________ ) S.S.
BEFORE ME, this ______ day of _____________ 20____ in the Municipality of

_____________, Province of _________, Philippines, personally appeared
___________, with Community Tax Certificate No.______ issued at _______________,
on _____________, 20_______, known to me to be the same person who executed the
foregoing instrument, and he acknowledged to me that the same is his free act and
deed.

NOTARY PUBLIC
Until Dec. 31, 20______
IBP #_________1/2/2001; Pasig City
Doc. No ; PTR #________2/2/2001;Pasig City
Page ;
Book ;
Series of 2001 .
JURAT
SUBSCRIBED AND SWORN to before me, in the City/Municipality of

_____________, this ________________day of ____________, 20____, by
______________ with Community Tax Certificate No. _________ issued at
__________ on _______________, 20______.
NOTARY PUBLIC
Until Dec. 31, 20______
IBP#________1/2/2001;Pasig City
Doc. No. ; PTR#_______2/2/2001;Pasig City
Page ;
Book ;
Series of 2001 .
VERIFICATION
40
CERTIFICATION
I certify that:
other tribunal or agency.

c. If I should learn that a similar action or proceeding has been filed or is pending
other tribunal or agency, I hereby undertake to notify this Honorable Court within five (5)
days from such notice.
________________________
JUAN DELA CRUZ
JURAT

days therefrom.
__________________
JUAN DELA CRUZ
Petitioner

_________________
41
MARIA A. SANTOS
Notary Public
IBP No. _______, 1/16/2001, Pasig City
PTR No. _______, 1/2/2001, Pasig City
Doc. No. ____

Page No. ____
Book No. ____
Series of 20___
Copy Furnished:

49 Dapitan St., Sampaloc Mla.
EXPLANATION
This Certifies that personal service was not resorted to for the reason that due
time, distance and manpower constraints, the same is not practicable.
__________________
Counsel
II. CONTRACTS or AGREEMENTS

and other things of value of whatever nature or kind as may now be or hereafter become
due, owing , payable or belonging to me, and to have, sue, and to take any and all lawful
ways and means for the recovery thereof by suit.


________________, 2001, in ________________, Philippines.
CONFORME:
42
____________________ ___________________
Attorney-In-Fact Principal
_________________________ _______________________
ACKNOWLEDGMENT

authority to do and perform all and every acts requisite or necessary to carry into effect
lawfully do if personally present, with full power of substitution or revocation, and hereby
cause to be done by virtue hereof.
_____________________, 2001, in_____________________, Philippines.
CONFORME:
___________________ __________________
Attorney-in-Fact Principal
____________________
____________________
ACKNOWLEDGMENT
2. Chattel Mortgage
CHATTEL MORTGAGE
This CHATTEL MORTGAGE, made and executed by (Full name of mortgagor),

Filipino, of legal age, single (or married to mortgagor), with residence and post-office
43
address at ___________________ hereinafter called the MORTGAGOR, in favor of (full

name of mortgagee), Filipino, of legal age, single (or married to ______________), with
residence and post-office address at ________________ hereinafter called the
MORTGAGEE, witnesseth:
That the MORTGAGOR does hereby convey by way of chattel mortgage unto the
MORTGAGEE, the following described personal property, situated and ordinarily
presently in the possession of the said MORTGAGOR, to wit _____________________
(specify and describe the article or articles mortgaged).
That this CHATTEL MORTAGE is given as security for the payment of the
MORTGAGEE, of a certain promissory note, dated _____________ for the sum of
______________ PESOS (P________) with interest thereon at the rate of ___________
per centum (_____%) per annum, according to the terms thereof.
(copy of the promissory note)
That the condition of this CHATTEL MORTGAGE is such that if the said
MORTGAGOR, his heirs, executors, or administrators shall well and truly perform the full
obligation above stated according to the terms thereof, this CHATTEL MORTGAGE shall
be null and void, otherwise, it shall remain in full force and effect and shall be
enforceable in the manner provided by law.
IN WITNESS WHEREOF, the MORTGAGOR has hereunto set his hand

this______ day of ________, 20____, in _______________, Philippines.
__________________ _________________
__________________________ ____________________________
ACKNOWLEDGMENT
AFFIDAVIT OF GOOD FAITH
We, the undersigned MORTGAGOR and MORTGAGEE, severally swear that the
foregoing chattel mortgage is made and executed for the purpose of securing the
obligation specified therein, and for no other purpose, and that the same is a just and
valid obligation, and one not entered into for the purposes of fraud.
__________________________ _____________________________
JURAT
III. Pleadings
A. Miscellaneous Civil Pleadings
1. Motion to Withdraw with Substitution of Counsel
44
With my consent:
___________________________
BFG
New counsel
________________________
Address

IBP No.________ Date & Place of Issue______

2. Answer with Specific Denial of Document Under Oath
ANSWER WITH SPECIFIC DENIAL OF DOCUMENT UNDER OATH
THAT Defendant specifically denies under oath the genuineness and due
execution of the instrument a copy of which is attached to Plaintiff’s complaint as Annex
“A”, the truth being that his signature thereon is forged and that he did not in fact sign the
said instrument.
ERNESTO FLORES
_________________________
Address
P.T.R. No. ________ Date & Place of Issue________

IBP No. ______ Date & Pace of Issue________
VERIFICATION
(Or Oath of the Defendant)
______________________
Defendant
45
JURAT
B. Special Civil Action
1. Complaint for Ejectment
a. Forcible Entry
(Caption)
REKLAMADOR
Plaintiff,
Civil Case No.
_______
- Versus – For: Forcible Entry
NIREREKLAMO
Defendant.
X - - - - - - - - - - - - -x
COMPLAINT
COMES NOW the Plaintiff in the above entitled case, through

counsel, and to this Honorable Court alleges:
I.
That the plaintiff is of legal age and a resident of # 350 Reyes

St. Quezon City; that the defendant is likewise of legal age, residing at #
25 Sct. Albano St. Quezon City and may be served with summons at said
address;
II.
That the plaintiff had been in the lawful and peaceful

possession of a house
and lot situated at # 544 Gumamela St. Quezon City being the owner
thereof, since October 21, 1988 until the day and incident in the following
paragraph hereof;
III.
That on or about June 1, 2001, by means of force, strategy

and stealth, unlawfully entered said house ejecting BANTAY who, for and
in behalf of plaintiff, was staying in and looking after the house, thereby
illegally depriving plaintiff of the possession of the premises;
IV.
That since the day mentioned in the preceding paragraph,

defendants have remained in illegal possession of the said premises and,
up to the present, still retain such possession thereof;
V.
That the reasonable rental value of said premises is

EIGHTEEN THOUSAND PESOS (Php 18,000.00) a month;
VI.
As a result, plaintiff was constrained to institute this case,

including in the process obligations for litigation expenses and attorney’s
fees in the amount of _______.
46
PRAYER
WHEREFORE, it is most respectfully prayed that judgment be rendered

in favor of plaintiff and against defendants:
1. Ordering the latter to vacate premises in question and to restore the

possession thereof to plaintiff;
3. Ordering the defendants to pay plaintiff P80.00 a month, from the time of
forcible entry to the time possession is returned to plaintiff;
4. (Costs and other relief).
Quezon City, Philippines, August, 24, 2001.
Atty. WALANG
KWENTA
Attorney for
Plaintiff
____________
________
Addres
s
IBP
#_________1/2/2001; Pasig City
PTR#_______2/2/2001;Pasig City
(VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING)
_______________
Plaintiff
JURAT
b. Unlawful Detainer
(Caption)
XYZ
Plaintiff,
CIVIL CASE NO. _______________
-versus- For: Unlawful Detainer
ABC
Defendant.
x---------------------------x
COMPLAINT
II
47
III
P_____________;
IV
obligations for litigation expenses and attorney’s fees in the amount of
_______________
PRAYER


fees.
Plaintiff further prays for such other relief as this Court may deem just and
equitable.
DEFG
_________________________________
Address

_______________________
Plaintiff
JURAT
C. Criminal Proceedings
Complaint for Estafa
48
THE PEOPLE OF THE )

PHILIPPINES, )
Plaintiff, )
)
-versus- ) Criminal Case No.________
) For: Estafa
AKUSADO )
Accused. )
)
x----------------------------------------------x)
COMPLAINT
The undersigned accuses AKUSADO of the crime of estafa, committed as

follows:
That, in, about and during the period from ____________ to _______________,
20_______, in ____________________, Philippines, and within the jurisdiction of this
Honorable Court, said AKUSADO, being then an employee of
_____________________, owner of the establishment known by the name of
__________________, doing business in _________________, and having collected
and received as such employee of said ________ from several customers of the latter
the total sum of P________, in payment of the work done for them by said
_____________________ or his agents, under the express obligation on the part of said
accused to immediately account for and deliver the collections so made by him to his
employer __________________, did then and there willfully, unlawfully and feloniously,
misappropriate, misapply, and convert the said sum of P__________________ to his
own use and benefit, to the damage and prejudice of said ______________________ in
the aforementioned sum of P _________________.
Contrary to law.
___________________
Chief of Police

_____________, this ________________day of ____________, 20____, by
__________ on _______________, 20______.
NOTARY PUBLIC
Until Dec. 31, 20______
IBP#________1/2/2001;Pasig City
Page ;
Book ;
Series of 2001 .
LIST OF WITNESSES
NOTA BENE:
1. All initiatory pleadings must be accompanied by a certification of non-forum
shopping. The names of the parties must all be enumerated in the initiatory pleading,
but in subsequent ones, only the first party may be named, the rest of the parties
may be referred to as “et. al.”.
49
2. All motions, except those made in open court must be in writing, accompanied by a
notice of hearing which shall be served in such a manner as to ensure its receipt by
the other party at least three (3) days before the date of hearing.
3. The Rules of Court provide that whenever practicable, the service and filing of
pleadings and other papers shall be done personally, and a resort to other modes
must be accompanied by a written explanation why the service or filing was not done
personally.
That in all things God may be glorified!!!
50
PRE-WEEK
LEGAL & JUDICIAL FORM

S
NOTA BENE:
4. All initiatory pleadings must be accompanied by a certification of non-forum
shopping. The names of the parties must all be enumerated in the initiatory pleading,
but in subsequent ones, only the first party may be named, the rest of the parties
may be referred to as “et. al.”.
5. All motions, except those made in open court must be in writing, accompanied by a
notice of hearing which shall be served in such a manner as to ensure its receipt by
the other party at least three (3) days before the date of hearing.
6. The Rules of Court provide that whenever practicable, the service and filing of
pleadings and other papers shall be done personally, and a resort to other modes
must be accompanied by a written explanation why the service or filing was not done
personally.
Acknowledgment defined.
An acknowledgment is a formal declaration or admission before a notary public

or a proper public officer by a person who has executed an instrument, that such
instrument is his act and deed.
Instruments to be acknowledged: deeds, conveyances, mortgages, leases,
releases, and discharges affecting lands.
Distinguished from:
Jurat  A jurat is a simple statement that an instrument is subscribed and sworn

to or affirmed before a proper officer without further statement that it is the act or deed of
the person making it.
Verification  An acknowledgment is a verification of the fact of execution but is

not a verification of the contents of the instrument executed.
Attestation  Attestation is the act of a third person who witnessed the actual
execution of an instrument and subscribes his name as a witness to that fact, while
acknowledgment is the act of a party in going before a competent officer and declaring
the instrument to be his act and deed.
Purpose of Acknowledgment.
The purposes of acknowledgment are to entitle the instrument to be recorded

and to authorize its introduction in evidence without further proof of its execution.
IV. Captions

SUPREME COURT
Division or En Banc

COURT OF APPEALS
MANILA
51
Division

Manila, Branch 1

Bangued, Abra (Branch 1)

METROPOLITAN TRIAL COURT OF METRO MANILA
Manila, Branch 1

Dagupan City, (Branch 1)

Lingayen, Pangasinan

MUNICIPAL CIRCUIT TRIAL COURT
Sison, Pangasinan
In Civil Proceedings
NALOKO
Plaintiff,
-versus- Civil Case No.__________

For: Sum of Money
MANLOLOKO
Defendant.
x-------------------------------------------x
In Special Proceedings
In the Matter of _____________________)
) Sp. Proc. No.____________
x-----------------------------------------------------x) (Designation of the Pleading)
In Criminal Proceedings
THE PEOPLE OF THE )
PHILIPPINES, )
Plaintiff, )
)
52
) (Designation of the Crime Committed)

AKUSADO )
Accused. )
)
x----------------------------------------------x)
V. Acknowledgment; Jurat
ACKNOWLEGDMENT
(Simple Form)

PROVINCE OF _______________ ) S.S.
BEFORE ME, this ______ day of _____________ 20____ in the Municipality of

_____________, Province of _________, Philippines, personally appeared
___________, with Community Tax Certificate No.______ issued at _______________,
on _____________, 20_______, known to me to be the same person who executed the
foregoing instrument, and he acknowledged to me that the same is his free act and
deed.

NOTARY PUBLIC
Until Dec. 31, 20______
IBP #_________1/2/2001; Pasig City
Doc. No ; PTR #________2/2/2001;Pasig City
Page ;
Book ;
Series of 2001 .
JURAT

_____________, this ________________day of ____________, 20____, by
__________ on _______________, 20______.
NOTARY PUBLIC
Until Dec. 31, 20______
IBP#________1/2/2001;Pasig City
Page ;
Book ;
Series of 2001 .
VERIFICATION
53
CERTIFICATION
I certify that:
other tribunal or agency.

c. If I should learn that a similar action or proceeding has been filed or is pending
other tribunal or agency, I hereby undertake to notify this Honorable Court within five (5)
days from such notice.
________________________
JUAN DELA CRUZ
JURAT

days therefrom.
__________________
JUAN DELA CRUZ
Petitioner

_________________
MARIA A. SANTOS
54
Notary Public
IBP No. _______, 1/16/2001, Pasig City
PTR No. _______, 1/2/2001, Pasig City
Doc. No. ____

Page No. ____
Book No. ____
Series of 20___
Copy Furnished:

49 Dapitan St., Sampaloc Mla.
EXPLANATION
This Certifies that personal service was not resorted to for the reason that due time, distance and manpower
constraints, the same is not practicable.
__________________
Counsel
VI. Affidavits
AFFIDAVIT OF LOSS

PROVINCE OF ) SS
MUNICIPALITY OF )
I, ___________________, of legal age, single/married, residing at

____________, after being sworn in accordance with law, depose and say:
That I am the true owner of _______________, described as follows to wit:
That the said automobile had been duly registered in my name in the Land
Transportation Office in ___________ for the year (or years) ____________;
That the certificate of registration and other pertinent papers of ownership of

said automobile were among those burned and destroyed on ____________ when my
house and all my personal belongings were completely destroyed by fire;
That said papers are now beyond recovery.
IN WITNESS WHEREOF, I have hereunto set my hand this ________ day of

________, 20__, in the Municipality of ____________, Province of __________,
Philippines.
______________________
(Signature of affiant)
JURAT
55
SINUMPAANG SALAYSAY
Republika ng Pilipinas )
Lalawigan ng Rizal ) SS
Bayan ng Cainta )
SINUMPAANG SALAYSAY
AKO, JUAN DELA CRUZ, 30 taong gulang, binata at naninirahan sa Brgy. San
Roque, Cainta Rizal, matapos makapanumpa ng ayon sa batas ay malaya at kusang
loob na nagpapahayag ng mga sumusunod:
5. Na ako ang nagmamay-ari na isang Honda Civic na kotse, kulay pula,

modelo 1999, na nagtataglay ng makina na may numero bilang 00000 at may
plaka ng sasakyan bilang ____.
6. Na noong ika-12 ng Mayo, taong kasalukuyan, nagpunta ako sa SM

Megamall sa may EDSA upang bumili ng libro. Iniwan ko ang nasabing
sasakyan sa ‘parking lot’ sa harapan SM ngunit nang ako ay bumalik sa
naturang ‘parking lot’ ay wala na roon ang aking sasakyan.
7. Na matapos ang ilang oras na masusing paghahanap, sa tulong ng mga

guwardiya ns SM, ay hindi ko natagpuan ang aking sasakyan. Marahil ito ay
“na-carnap” .
8. Na ginawa ko ang Sinumpaang Salaysay na ito upang aking patunayan ang

buong katotohanan ng aking salaysay na nasa itaas at paninidigan ko ito
saan man at kanino pa man.
SA KATUNAYAN ay nilagdaan ko ito ngayong ika-15 ng Mayo, 2000, dito sa

Cainta Rizal.
_______________________
JUAN DELA CRUZ
SINUMPAAN AT NILAGDAAN sa harap ko ngayong ika-15 ng Mayo,

2000 dito sa Cainta Rizal.
_______________________
MARIA SANTOS
Notaryo Publiko
Hanggang Disyembre 31,2001
IBP No. _____, 1/2/2001, Pasig City
PTR No. ____ 1/15/2001, Pasig City
Kasulatan Blg. ___;

Pahina Blg. _____ ;
Aklat Blg. _______;
Serye ng 20_____ ;
VII. Contracts/Agreement
LEGAL (CONVEYANCING) FORMS
(Note: if the deed/contract is unilateral i.e., when the vendee assumes no obligation,
there is no need for the vendee to sign the contract/deed nor the acknowledgment;
however, if vendee is obliged to perform something, he must sign both the deed and the
acknowledgment.)
1. Contract of Lease
56
LEASE OF REAL PROPERTY
This AGREEMENT OF LEASE made and entered into by and between:
The LESSOR:____________________, of legal age and resident of the City of

Manila, Philippines, (or partnership or corporation duly organized and existing under and
by virtue of the laws of the Philippines, with its principal place of business at the City of
Manila).
-and-
The LESSEE:___________________, of legal age and resident of the City of

Manila, Philippines, (or partnership or corporation duly organized and existing under and
by virtue of the laws of the Philippines, with its principal place of business at the City of
Manila).
WITNESSETH:
That the LESSOR is the owner of a certain parcel (or parcels) of land, together
with the buildings and improvements thereon, situated in (city or municipality, and
province), and more particularly described as follows, to wit:
WHEREAS , the LESSOR offers to lease and the LESSEE agrees to lease the
above-mentioned property.
NOW THEREFORE, the following are the terms and conditions of the contract of
lease:
1. That monthly rental shall be ________PESOS (P _____), Philippine

currency, to be paid by the LESSEE at the office of the LESSOR on or before the fifth
(5th) day of each and every month, plus one per centum (1%) surcharge per month for
payment of rentals made after the 5th day of the month due. It is expressly agreed and
understood that the payment of the rental herein stipulate shall be made without
necessity of express demand and without delay on any ground whatsoever;
2. The term of this lease is _____________ commencing on ___________

and expiring on __________;
3. The LESSEE hereby expressly agrees and warrants that the leased
premises shall be used by him (it) exclusively from the following purpose, to wit:
_________; and the said LESSEE is hereby strictly prohibited from using said premises
for any other purpose or business without the prior written consent of the LESSOR;
4. The major and minor repairs shall be for the account of the LESSOR;
5. Taxes and assessments shall be for the account of the LESSOR, while
expenses for lights, water and other utilities shall be for the account of the LESSEE;
6. Upon the signing of this agreement, the LESSEE shall be paid by way of
deposit unto the LESSOR the sum of _________ PESOS (P_____) to be applied in
payment of rentals in arrears and other expenses or charges that the LESSEE may owe
in favor of the LESSOR;
7. Other conditions:
______________________________________________________________________
______________________________________________________________________
IN WITNESS WHEREOF…………..
57
_____________________ _________________
(Lessor) (Lessee)
ACKNOWLEDGMENT
2. Contract of Sale Involving Real Property
CONTRACT OF SALE INVOLVING REAL PROPERTY
That I, ______________, of legal age, Filipino, residing and with postal address
at ________________ for and in consideration of the sum of P __________ receipt of
which is hereby acknowledged have transferred and conveyed by way of absolute sale
unto ___________ of legal age, Filipino, residing at and with postal address at
________________ that parcel of land with the improvements thereon whose technical
description is as follows:
(Copy of description)
of which I am the absolute owner, my title thereto being evidenced by TCT No. _______
of the Register of Deeds of _____________ free from all liens and encumbrances.
Seller
In the presence of:_____________________ __________________________
(NOTE: Unilateral – no need for the vendee to sign, however, if vendee is obliged to
perform something, he must sign.)
ACKNOWLEDGMENT

In the City of Manila, this ____ day of ______,2001, personally appeared before
me _____________ with Community Tax Certificate No. ________ on _____19 ____
issued at______ on ______, 20_____, known to me to be the same person who
executed the foregoing instrument of sale over one parcel of land, which instrument
consists of two (2) pages including the page on which this acknowledgment appears and
signed on the left margin of each and every page by the party executing this instrument
and his witnesses. Said party acknowledges to me that the same is his voluntary act and
deed.
seal at the City of Manila on this _____ day of _____, 20____.
NOTARY PUBLIC
IBP No. ______, 1/2/2001, Pasig City
P.T.R. No.____, 2/2/2001, Pasig City
58
Doc. No. ______;

Page No.______;
Book No. ______;
Series of 20____ ;
3. Deed of Sale
DEED OF SALE
I, (Full name of vendor), filipino citizen, single/married to ___________________,

of legal age with residence and post-office address at _______________________;
For and in consideration of the sum of __________________ PESOS

(P_______), Philippine currency, to in hand paid by (Full name of vendee) filipino citizen,
of legal age, with residence and post office address at ______________,
Do hereby SELL, TRANSFER, AND CONVEY, absolutely and unconditionally, unto the
said __________________ his/her heirs and assigns, that certain parcel (or parcels of
lands, together with the buildings and improvements thereon), situated in (city or
municipality, and province), and more particularly described as follows, to wit:
of which I am the registered owner in fee simple in accordance with the Land
Registration Act, my title thereto being evidenced by Transfer (or Original) Certificate of
Title No. ________, issued by the Register of Deeds of ___________.
It is hereby mutually agreed that the vendee shall bear all the expenses for the
execution and registration of this deed of sale.
IN WITNESSS WHEREOF, I have hereunto signed this deed of sale, this

_______day of _________, 20______ at (city or municipality), Philippines.
_____________________ _________________
(Vendor) (Vendee)
With my marital consent (if married):
________________
(Vendor’s wife)
__________________________ _____________________________
(Witness) (Witness)
ACKNOWLEDGMENT
59

and other things of value of whatever nature or kind as may now be or hereafter become
due, owing , payable or belonging to me, and to have, sue, and to take any and all lawful
ways and means for the recovery thereof by suit.


________________, 2001, in ________________, Philippines.
CONFORME:
____________________ ___________________
_________________________ _______________________
ACKNOWLEDGMENT

authority to do and perform all and every act requisite or necessary to carry into effect
60
lawfully do if personally present, with full power of substitution or revocation, and hereby
cause to be done by virtue hereof .

_____________________, 2001, in_____________________, Philippines.
CONFORME:
____________________ ___________________
____________________
____________________
ACKNOWLEDGMENT
VIII. Pleadings
C. Miscellaneous Civil Pleadings
5. Motion to Quash
MOTION TO QUASH
COMES NOW X, accused in the above titled case, through his undersigned
attorney and respectfully moves to quash the information filed against him on the ground
that:
4. Lack of jurisdiction
5. Prescription
6. Facts alleged do not constitute an offense, etc.
ARGUMENTS
( here set forth the reasons in support of the motion to quash)
WHEREFORE, it is respectfully prayed that the information filed against the

accused be dismissed.
( NOTICE OF HEARING)
6. Motion to Withdraw with Substitution of Counsel
61
With my consent:
___________________________
BFG
New counsel
________________________
Address


D. Special Civil Action
2. Complaint for Ejectment
a. Forcible Entry

Quezon City, (Branch 1)
REKLAMADOR
Plaintiff,
Civil Case No.
_______
- Versus – For: Forcible Entry
NIREREKLAMO
Defendant.
X - - - - - - - - - - - - -x
COMPLAINT
COMES NOW the Plaintiff in the above entitled case, through

counsel, and to this Honorable Court alleges:
I.
That the plaintiff is of legal age and a resident of # 350 Reyes

St. Quezon City; that the defendant is likewise of legal age, residing at #
25 Sct. Albano St. Quezon City and may be served with summons at said
address;
II.
That the plaintiff had been in the lawful and peaceful

possession of a house
and lot situated at # 544 Gumamela St. Quezon City being the owner
thereof, since October 21, 1988 until the day and incident in the following
paragraph hereof;
III.
That on or about June 1, 2001, by means of force, strategy

and stealth, unlawfully entered said house ejecting BANTAY who, for and
62
in behalf of plaintiff, was staying in and looking after the house, thereby
illegally depriving plaintiff of the possession of the premises;
IV.
That since the day mentioned in the preceding paragraph,

defendants have remained in illegal possession of the said premises and,
up to the present, still retain such possession thereof;
V.
That the reasonable rental value of said premises is

EIGHTEEN THOUSAND PESOS (Php 18,000.00) a month;
VI.
As a result, plaintiff was constrained to institute this case,

including in the process obligations for litigation expenses and attorney’s
fees in the amount of _______.
PRAYER
WHEREFORE, it is most respectfully prayed that judgment be rendered

in favor of plaintiff and against defendants:
1. Ordering the latter to vacate premises in question and to restore the

possession thereof to plaintiff;
7. Ordering the defendants to pay plaintiff P80.00 a month, from the time of
forcible entry to the time possession is returned to plaintiff;
8. (Costs and other relief).
Quezon City, Philippines, August, 24, 2001.
Atty. WALANG
KWENTA
Attorney for
Plaintiff
____________
________
Addres
s
IBP
#_________1/2/2001; Pasig City
PTR#_______2/2/2001;Pasig City
(VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING)
_______________
Plaintiff
JURAT
b. Unlawful Detainer

Quezon City, (Branch 1)
63
XYZ
Plaintiff,
CIVIL CASE NO. _______________
-versus- For: Unlawful Detainer
ABC
Defendant.
x---------------------------x
COMPLAINT
II
III
P_____________;
IV
obligations for litigation expenses and attorney’s fess in the amount of
_______________
PRAYER


fees.
Plaintiff further prays for such other reliefs as this Court may deem just and
equitable.
DEFG
64
_________________________________
Address

_______________________
Plaintiff
JURAT
E. Criminal Proceedings
Essential parts of an information:
10. Caption
11. Heading
12. Opening sentence
13. Body alleging acts or omissions constituting a crime
14. Contrary to law
15. Certification of Preliminary Investigation
16. Jurat
17. List of Witnesses
18. Bail Recommended
Essential parts of a complaint
9. Caption
10. Heading
11. Opening sentence
13. Contrary to law
14. Oath of Complaint with his/her signature
15. Certification of Prosecutor
16. Jurat
Direct filing of complaint
7. Caption
8. Heading
9. Opening sentence
11. Signature
12. Jurat
Complaint for Estafa

Quezon City (Branch 1)
THE PEOPLE OF THE )
65
PHILIPPINES, )
Plaintiff, )
)
) For: Estafa
AKUSADO )
Accused. )
)
x----------------------------------------------x)
COMPLAINT
The undersigned accuses AKUSADO of the crime of estafa, committed as

follows:
That, in, about and during the period from ____________ to _______________,
20_______, in ____________________, Philippines, and within the jurisdiction of this
Honorable Court, said AKUSADO, being then an employee of
_____________________, owner of the establishment known by the name of
__________________, doing business in _________________, and having collected
and received as such employee of said ________ from several customers of the latter
the total sum of P________, in payment of the work done for them by said
_____________________ or his agents, under the express obligation on the part of said
accused to immediately account for and deliver the collections so made by him to his
employer __________________, did then and there willfully, unlawfully and feloniously,
misappropriate, misapply, and convert the said sum of P__________________ to his
own use and benefit, to the damage and prejudice of said ______________________ in
the aforementioned sum of P _________________.
Contrary to law.
___________________
Chief of Police

_____________, this ________________day of ____________, 20____, by
__________ on _______________, 20______.
NOTARY PUBLIC
Until Dec. 31, 20______
IBP#________1/2/2001;Pasig City
Page ;
Book ;
Series of 2001 .
LIST OF WITNESSES
That in all things God may be glorified
66

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SAN BEDA COLLEGE OF LAW, 2000-2001

SELECTED SAMPLES OF BASIC LEGAL FORMS

SAN BEDA COLLEGE OF LAW

d. Answer with Specific Denial of Document under Oath

SELECTED SAMPLES OF BASIC LEGAL FORMS

The following are representative samples of Caption filed in said courts:

REPUBLIC OF THE PHILIPPINES

REPUBLIC OF THE PHILIPPINES

REPUBLIC OF THE PHILIPPINES

REPUBLIC OF THE PHILIPPINES

REPUBLIC OF THE PHILIPPINES

REPUBLIC OF THE PHILIPPINES

REPUBLIC OF THE PHILIPPINES

REPUBLIC OF THE PHILIPPINES

JUAN DELA CRUZ

II. ACKNOWLEDGMENT; JURAT

REPUBLIC OF THE PHILIPPINES}

BEFORE ME, this_____ day of _________, 2001 in the Municipality of

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial

My Commission expires Dec. 31, 2001

ACKNOWLEDGMENT OF INSTRUMENT CONSISTING OF TWO OR MORE PAGES

REPUBLIC OF THE PHILIPPINES )

BEFORE ME this _____ day of _______________, 2001 in the Municipality of

My Commission expires Dec. 31, 2001

Doc. No. _____;

SUBSCRIBED AND SWORN to me, in the Municipality of ________, this ____th

My Comission expires Dec. 31, 2001

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I am the petitioner in the instant case.

I attest to the authenticity of the annexes thereof.

b. No such action or proceeding is pending in the Supreme Court, the Court of

c. If I should learn that a similar action or proceeding has been filed or is

VERIFICATION AND CERTIFICATION

(Certification of Non-Forum Shopping incorporated with Verification

SUBSCRIBED AND SWORN to before me this 27 th day of January 2000 in the

Doc. No. ____

Page No. ____

1. Perez & Matias Law Offices

I, ___________________, of legal age, single/married, residing at

That I am the true owner of _______________, described as follows to wit:

That the certificate of registration and other pertinent papers of ownership of

That said papers are now beyond recovery.

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

AFFIDAVIT OF SERVICE BY MAIL

Republic of the Philippines

I, ___________________, as messenger of Atty. ______________, with office

That on ________________,2001 I served a copy of the following

in Case No. ____________ entitled _________________________ by depositing a copy

AFFIDAVIT IN SUPPORT OF PETITION FOR INJUNCTION

REPUBLIC OF THE PHILIPPINES)

That the commission or continuance of the acts complained of during the

FURTHER AFFIANT SAYETH NAUGHT.

COMPLAINT WITH PRAYER FOR ATTACHMENT

REPUBLIC OF THE PHILIPPINES)

That he is the Plaintiff in the above entitled case;

That there is sufficient cause of action;

That the defendant has removed or disposed of his property, or is about to do so

That he is filing a bond in the amount of P_________________;

FURTHER AFFIANT SAYETH NAUGHT.

AFFIDAVIT IN PETITION FOR RECEIVERSHIP

REPUBLIC OF THE PHILIPPINES)

That the defendant is in actual physical possession of the property in litigation

BEFORE ME, this_ day of _____, 2001 in the Municipality of

BEFORE ME this _ day of ___________, 2001 in the Municipality of

SUBSCRIBED AND SWORN to me, in the Municipality of ____, this th

I, _____, as messenger of Atty. , with office

in Case No. entitled _____________ by depositing a copy

P_ ________, Philippines

In the presence of:_ ______

I, _____, of legal age, single (or married to ),