Final Report Paper For Modules 6-8: San Beda University College of Law

SAN BEDA UNIVERSITY
COLLEGE OF LAW
FINAL REPORT PAPER

FOR MODULES 6-8
Submitted to
Atty. Peter Joey B. Usita
______________
In Partial Fulfillment of the

Requirements in Legal Forms
_________
Submitted by
Section 3S
Table of Contents
Module 6:
Other Legal Forms (p. 3)
1. Special Power of Attorney [p. 5]
2. General Power of Attorney [p. 7]
3. Revocation of Power of Attorney [p. 8]
Module 7:
Efficient Use of Paper Rule (A.M. No. 11-9-4-SC) [p. 16]
Module 8:
Other Useful Legal Forms for New Lawyers [p. 27]
1. Demand Letters [p. 28]
2. Legal Opinions [p. 33]
3. Retainer Agreements [p. 46]
4. Civil Cases [p. 59]
(a) Complaint for Ejectment [p. 60]
(b) Complaint for Collection of Sum of Money [p. 71]
(c) Answer with Compulsory and/or Permissive
Counterclaims [p.88]
(d) Pre-Trial Brief [p. 94]
5. Labor Cases [p. 97]
(a) Position Paper [p. 101]
(b) Waiver and Quitclaim [p.102]
1
Class Distribution and Contribution
For the entirety of Module 6 (Other Legal Forms)
ARVY KEITH CHUNG/ BIENVENIDO M. CO JR./ LOUISE CONTACTO/ JOSE
LORENZO C. DAVE
For the entirety of Module 7 (Efficient Use of Paper Rule)

YVEZZA KAMELE M. GUMAPAC/ AMABELLE O. MANICIO/ MARIELLE MAE P.
PALER/ NICHOLE VANE B. SANTOS
For Module 8 (Other Useful Legal Forms for New Lawyers) for the
following topics: (1) Demand Letters, (2) Legal Opinions, and (3) Retainer
Agreements
BENEDICT JUCO/ NOSLEN ANGINEB MENDOZA/ SKY BLUE SAMSON/ MARIA
ANTHEA TAN
following topics: (4) Civil Cases [a] Complaint for Ejectment, and [b]
Complaint for Collection of Sum of Money
ELISA ANGELA ABILLAR/ ALLAN BADILLO/ RAVEN CARLOS/ CHRISTOPHER
ANGELO VAQUILAR
following topics: (4) Civil Cases [c] Answer with Compulsory and/or
Permissive Counterclaims , and [d] Pre-Trial Brief
PATRICIA MAE FEDERIS/ SITTIE NASRIYYAH GUBAT/ ANDREA MAE
ORACION/ ANNA ROCHELLE PAYONGAYONG
following topics (5) Labor Cases (a) Position Paper, and (b) Waiver and
Quitclaim
RESTINE JOY M. ARMADA/ REYMARK DEVOMA/ HANNAH KHAMIL
MIRANDA/ CAMILLE RECALDE
2
MODULE 6
GENERAL, SPECIAL, AND REVOCATION
POWERS OF ATTORNEY
Contributors
CHUNG, ARVY KEITH
CO, BIENVENIDO JR. M.
CONTACTO, LOUISE MARIE C.
DAVE, JOSE LORENZO C.
3
I. Agency
By the contract of agency a person binds himself to render some service or

to do something in representation or on behalf of another, with the
consent or authority of the latter.1
This definition is very broad enough to include all situations in which one
person is employed to render service for another, excludes, however, from
its concept the relationship of employer and employee (Art. 1700, NCC), of
master and servant (Art. 1680, NCC), and of employer and independent
contractor. (Art. 1713, NCC).2
Agency is a fiduciary relationship which implies a power in an agent to

contract with a third person on behalf of a principal. It is this power to
effect the principal’s contractual relations with third persons that
differentiates the agent from the employee, the servant, and the
independent contractor. Agency, properly speaking, relates to commercial
or business transactions. Agency relationship may also arise in non-business
situations, as for example, a person (agent) returns an article to a lender for
a borrower-friend (principal).3
Agency may be express, or implied from the acts of the principal, from his
silence or lack of action, or his failure to repudiate the agency, knowing that
another person is acting on his behalf without authority. Agency may be
oral, unless the law requires a specific form.4 However, when a sale of a
piece of land or any interest therein is through an agent, the authority of
the latter shall be in writing; otherwise, the sale shall be void.5
In general, there are no formal requirements governing the appointment of

an agent. The agent’s authority may be oral or written. It may be in public
1
Art. 1868, NCC.
2
De Leon, Comments and Cases on Partnership, Agency, and Trusts (2019), p. 330, [hereinafter, De Leon].
3
Note 2, supra, p.330-331.
4
Art. 1869, NCC.
5
Art. 1874, NCC.
4
or private writing. An instance when the law requires a specific form for the
agency is Article 1874.6 According to the power or authority conferred, the
agency may be couched in specific terms under special power of attorney
(Art. 1878, NCC) or couched general terms (Art. 1877, NCC).7
II. Special Power of Attorney (SPA)

Special powers of attorney are necessary in the following cases:
(1) To make such payments as are not usually considered as acts of

administration;
(2) To effect novations which put an end to obligations already in existence

at the time the agency was constituted;
(3) To compromise, to submit questions to arbitration, to renounce the

right to appeal from a judgment, to waive objections to the venue of an
action or to abandon a prescription already acquired;
(4) To waive any obligation gratuitously;
(5) To enter into any contract by which the ownership of an immovable is

transmitted or acquired either gratuitously or for a valuable consideration;
(6) To make gifts, except customary ones for charity or those made to
employees in the business managed by the agent;
(7) To loan or borrow money, unless the latter act be urgent and
indispensable for the preservation of the things which are under
administration;
(8) To lease any real property to another person for more than one year;
(9) To bind the principal to render some service without compensation;
(10) To bind the principal in a contract of partnership;
6
Note 2, supra, p. 381.
7
Note 2, supra at p. 419
5
(11) To obligate the principal as a guarantor or surety;
(12) To create or convey real rights over immovable property;
(13) To accept or repudiate an inheritance;
(14) To ratify or recognize obligations contracted before the agency;
(15) Any other act of strict dominion.8
A power of attorney is valid although no notary public intervened in its

execution (Barretto vs. Tuason, 59 Phil. 845 [1934]). Article 1878 does not
state that the special authority be in writing. Be that as it may, the same
must be duly established by evidence other than the self-serving assertion
of the party claiming that such authority was verbally given him.9 A
notarized power of attorney, however, carries the evidentiary weight
conferred upon it with respect to its due execution.10
The special power of attorney can be included in a general power of

attorney (hence, there is no need to execute a separate and special power)
when it specifies therein the act or transaction (e.g., special power to sell)
for which the special power is required.11 The requirement of a special
power of attorney is met if there is a clear mandate from the principal
specifically authorizing the performance of act.12
A special power to sell excludes the power to mortgage; and a special

power to mortgage does not include the power to sell.13 while a special
power to compromise does not authorize submission to arbitration.14
8
Art. 1878, NCC.
9
De Leon, p. 426.
10
Veloso vs. Court of Appeals, G.R. No. 102737, August 21, 1996.
11
Note 9, p. 426.
12
Estate of Olaguer vs. Ongjoco, G.R. No. 173312, August 26, 2008.
13
Art. 1879, NCC.
14
Art. 1880, NCC.
6
III. General Power of Attorney (GPA)
An agency couched in general terms comprises only acts of administration,

even if the principal should state that he withholds no power or that the
agent may execute such acts as he may consider appropriate, or even
though the agency should authorize a general and unlimited
management.15
An agency couched in general terms may be a general agency or a special

agency.16 It includes only acts of administration and an express power is
necessary to perform any act of strict ownership17, even if the principal
states that he withholds no power, or that the agent may execute such acts
as he may consider appropriate, or that he authorizes a general or
unlimited management.18
Whether the instrument be denominated as “general power of attorney” or

“special power of attorney”, what matters is the extent of the power or
powers conferred upon the agent or attorney-in-fact.19 If the power is
couched in general terms, then only acts of administration may be deemed
granted although the instrument may be captioned as “special power of
attorney”; but where the power, for example, to sell or mortgage, is
specified, there can be no doubt that the agent may execute the act,
although the instrument is denominated as a general power of attorney.20
Acts of administration are those which do not imply the authority to

alienate for the exercise of which an express power is necessary. Yet what
are acts of administration will always be a question of fact, rather than of
law, because there can be no doubt that sound management will
15
Art. 1877, NCC.
16
Art. 1876, NCC
17
Art. 1878, NCC
18
Art. 1877, NCC.
19
De Leon, p. 419.
20
Veloso vs. Court of Appeals, supra.
7
sometimes require the performance of an act of ownership.21 But, unless
the contrary appears, the authority of an agent is presumed to include all
the necessary and usual means to carry out the agency into effect.22
An agency is either general or special. The former comprises all the

business of the principal. The latter, one or more specific transactions.23
The distinction here is based on the scope of the business covered. A
general agency must not be confused with one couched in general terms24
which is a special agency when it involves only one or more specific
transactions. (Art. 1876, NCC).
However, a general power of attorney does not necessarily mean that the
agency is a general agency, and that the agent is a general agent. A general
agent is usually authorized to do all acts connected with the business or
employment in which the principal is engaged (e.g., manager of a shop),
while a special agent is authorized to do only one or more specific acts (e.g.
delivering of goods sold to a customer) in pursuance of a particular
instructions or with restrictions necessarily implied from the act to be
done.25 Here, the special agent is authorized via GPA, couched in general
terms, delivering of goods sold to a customer, which is not an act of strict
dominion, hence SPA is not required.
IV. Revocation of Power of Attorney
A. Revocation in General
Agency is extinguished:
(1) By its revocation;
(2) By the withdrawal of the agent;
21
Note 19, p. 419.
22
Macke v. Camps, G.R. No. L-2962, February 27, 1907.
23
Art. 1876, NCC.
24
Art. 1877, NCC
25
De Leon, p. 415.
8
(3) By the death, civil interdiction, insanity or insolvency of the principal or
of the agent;
(4) By the dissolution of the firm or corporation which entrusted or

accepted the agency;
(5) By the accomplishment of the object or purpose of the agency;
(6) By the expiration of the period for which the agency was constituted.26
Agency is extinguished by its revocation, among others.27 Generally, a

revocation of a power of attorney must be communicated by the parties
concerned for it to be effective. However, if the agency has been entrusted
for the purpose of contracting with specified persons, its revocation shall
not prejudice the latter if they were not given notice thereof.28 If the agent
had general powers, revocation of the agency does not prejudice third
persons who acted in good faith and without knowledge of the revocation.
Notice of the revocation in a newspaper of general circulation is a sufficient

warning to third persons29 , yet a revocation by operation of law, such as by
death of the principal is, as a rule, instantaneously effective inasmuch as by
“legal fiction the agent’s exercise of authority is regarded as an execution of
the principal’s continuing will.”30
B. Exceptions
The Civil Code expressly provides for 2 exceptions to the general rule that
the death of the principal or the agent revokes or terminates ipso jure the
agency, to wit:
(A) That the agency is coupled with an interest.
26
Art. 1919, NCC.
27
Id.
28
Art. 1921, NCC.
29
Art. 1922, NCC.
30
De Leon, p. 593.
9
The agency shall remain in full force and effect even after the death of the
principal, if it has been constituted in the common interest of the latter and
of the agent, or in the interest of a third person who has accepted the
stipulation in his favor.31; and
(B) That the act of the agent was executed without knowledge of the death
of the principal and the third person who contracted with the agent acted
in good faith. Anything done by the agent, without knowledge of the death
of the principal or of any other cause which extinguishes the agency, is valid
and shall be fully effective with respect to third persons who may have
contracted with him in good faith.32
C. Revocation of agency by principal
The principal may revoke the agency at will, and compel the agent to return
the document evidencing the agency. Such revocation may be express or
implied.33 Moreover, an agency may be terminated by the subsequent acts
of the parties. When done by the principal, it is called “revocation” and
when done by the agent, it is usually spoken of as “withdrawal” or
“renunciation.”34 Wrong termination can subject the terminating party to a
suit for damages.35 Every person must, in the exercise of his rights and in
the performance of his duties, act with justice, give everyone his due, and
observe honesty and good faith.36
Subject only to the exceptions provided in Article 1927 which provides that,
an agency cannot be revoked if a bilateral contract depends upon it, or if it
is the means of fulfilling an obligation already contracted, or if a partner is
appointed manager of a partnership in the contract of partnership and his
removal from the management is unjustifiable., the principal may revoke or
31
Art. 1930, NCC.
32
Art. 1931, NCC.
33
Art. 1920, NCC.
34
Art. 1919 [2], NCC.
35
Note 30, p. 605.
36
Art. 19, NCC.
10
terminate the agency at will—at any time, at his mere option, with or
without reason—since an agency relationship is voluntary. This is true even
though there was an agreement previous to the revocation that the agency
should continue longer. Even a statement in the agreement that the agency
cannot be terminated cannot affect the principal’s ability or power to
terminate it. This is an exception to the rule that the validity or compliance
of a contract cannot be left to the will of one of the parties. The contracts
must bind both contracting parties; its validity or compliance cannot be left
to the will of one of them. [Art. 1308, NCC]). As the law makes no
distinction, revocation at will is proper whether the agency is gratuitous or
with compensation.37
The mere fact that the agency is to be irrevocable will not make it so; and
the principal may still revoke the relationship at will as provided in Article
1920, NCC. Since the authority of the agent emanates from or depends on
the will of the principal, it is enough that the principal should wish to
withdraw the authority or terminate the agency.38
Moreover, confidence being the cardinal basis of the relation, it stands to

reason that it should cease when such confidence disappears. If this were
not so, the contract would become unnatural, converting the
representation into a real alienation of personality, something repugnant to
the principles of modern law.39
D. Return of document evidencing agency
If the authority of the agent is in writing, the principal can compel the agent
to return the document evidencing the agency.40 The purpose is to prevent
the agent from making use of the power of attorney and thus avoid liability
37
De Leon, p. 605.
38
Id.
39
Barretto v. Santa Marina, G.R. No. L-11908, February 4, 1918
40
Art. 1920, NCC.
11
to third persons who may subsequently deal with the agent on the faith of
the instrument.41
E. Notice of Revocation
To agent.—as between the principal and the agent, express notice to the
agent that the agency is revoked is not always necessary. If the party to be
notified actually knows, or has reason to know, facts indicating that his
authority has been terminated or is suspended, there is sufficient notice. A
revocation without notice to the agent will not render invalid an act done in
pursuance of the authority.42
To third persons.—revocation of an agency becomes operative as to the

agent, from the time the revocation is made known to him. In this
connection, it has been held that actual notice must be brought home to
former customers, while notice by publication is sufficient as to other
persons.43 If a person specially informs another or states by public
advertisement that he has given a power of attorney to a third person, the
latter thereby becomes a duly authorized agent, in the former case with
respect to the person who received the special information, and in the
latter case with regard to any person. The power shall continue to be in full
force until the notice is rescinded in the same manner in which it was
given.44
41
De Leon, p. 608.
42
Note 39, p. 609
43
Id.
44
Art. 1873, NCC..
12
SAMPLE SPECIAL POWER OF ATTORNEY
KNOWN ALL MEN BY THESE PRESENTS:
I, ________________________,of legal age, single (or married to

___________), resident of _____________, do hereby name, constitute,
and appoint _________________, of legal age, single/married, resident of
_______________________, to be my true and lawful attorney, for me and
in my name, place, and stead, within a period of _____ months, to SELL,
TRANSFER, and CONVEY, for a price not less than ___________________
PESOS (P_________), to whosever may buy or purchase the following
described real property, to wit:
(Description of property)
of which I am the registered owner as evidenced by Transfer (or Original)

Certificate of Title No. __________ of the Registry of Deeds of
_____________; and
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 and 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 hereunto set my hand this ______ day

of ______, 2_____, in _________, Philippines.
_________________________
Principal
WITNESSES:
_____________________________ ___________________________
13
SAMPLE GENERAL POWER OF ATTORNEY
I ________________, of legal age, single/married, 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, collect any and all sums of money,
debts, dues, accounts, legacies, bequests, interests, dividends, and other
things of value of whatever nature or kind as may now be or may 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,
attachment, compromise, or otherwise;
To make, sign, execute, and deliver contracts, documents,

agreements, and other writings of whatever nature of kind, with any and all
third persons, concerns, or entities, upon terms and conditions acceptable
to my said attorney;
To delegate in whole or in part any or all of the powers herein

granted or conferred, by means of an instrument in writing, in favor of any
third person or persons whom my said attorney may select;
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 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 ______, 2_____, in _________, Philippines.
____________________
Principal
WITNESSES:
_____________________________ ___________________________
14
SAMPLE REVOCATION OF ATTORNEY
WHEREAS, I, _________________, of legal age, married, resident of

______________ by a certain public instrument made and executed in
______________ on__________________ before _________, Notary Public
for and in the _________________ and bearing Not. Reg. No. _______,
Page _________, Book __________, Series of _______ of his notarial
register, did name, constitute, and appoint ________________, resident of
_______________ my true and lawful ATTORNEY-IN-FACT, for the purpose
and with powers mentioned in said public instrument;
WHEREAS, the said public instrument or Power of Attorney was duly

registered in the Office of the Register of Deeds of ___________ on
_____________, 2__________, as per Entry No. _____________, Vol.
___________, Book ___________ of said Office;
NOW, THEREFORE, I, _________________________ by virtue of

these presents, hereby REVOKE, ANNUL, and make VOID the said power of
attorney and all powers and authority therein or thereby given or granted,
or itneded to be given or granted to said ___________________________.
IN WITNESS WHEREOF, I have hereunto set my hand this ________

day of _________________________, 2________________, in
_________________ Philippines.
______________________
(Signature)
WITNESSES:
_____________________________ ___________________________
15
MODULE 7
EFFICIENT USE OF PAPER RULE

(A.M. No. 11-9-4-SC)
Contributors
GUMAPAC, YVEZZA KAMELE M.
MANICIO, AMABELLE O.
PALER, MARIELLE MAE P.
SANTOS, NICHOLE VANE B.
16
I. INTRODUCTION
Whereas, to produce 500 reams of paper, twenty trees are cut and 100,000
liters of water are used, water that is no longer reusable because it is laden
with chemicals and is just released to the environment to poison our rivers
and seas;
Whereas, there is a need to cut the judicial system’s use excessive

quantities of costly paper, save our forests, avoid landslides, and mitigate
the worsening effects of climate change that the world is experiencing;
Whereas, the judiciary can play a big part in saving our trees, conserving
precious water and helping mother earth;45
II. APPLICABILITY
This rule shall apply to all courts and quasi-judicial bodies under the
administrative supervision of the Supreme Court.46
This rule shall take effect on January 1, 2013 after publication in two
newspapers of general circulation in the Philippines.47
III. FORMAT AND STYLE
a. All pleadings, motions and similar papers intended for the court and
quasi-judicial body’s consideration and action (court-bound papers)
shall written in single space with one-and-a –half space between
paragraphs, using an easily readable font style of the party’s choice,
of 14-size font, and on a 13 –inch by 8.5- inch white bond paper; and
b. All decisions, resolutions and orders issued by courts and quasi-
judicial bodies under the administrative supervision of the Supreme
Court shall comply with these requirements. Similarly covered are
the reports submitted to the courts and transcripts of stenographic
notes.48
45
A.M. No. 11-9-4-SC(Efficient Use of Paper Rule)
46
Sec.2, Efficient Use of Paper Rule
47
48
17
Figure 1. Line Spacing
Figure 2. Readable Font Style
18
Figure 3. Fourteen (14) size font
IV. MARGINS AND PRINTS

The parties shall maintain the following margins on all court-bound
papers: a left hand margin of 1.5 inches from the edge; an upper margin of
1.2 inches from the edge; a right hand margin of 1.0 inch from the edge;
and a lower margin of 1.0 inch from the edge. Every page must be
consecutively numbered.49
Figure 4. Margins
49
19
Figure 5. Page Size (13 –inch by 8.5- inch)
Figure 6. Page Number
V. COPIES TO BE FILED
Unless otherwise directed by the court, the number of court- bound
papers that a party is required or desires to file shall be as follows:
a. In the Supreme Court, one original (properly marked) and four copies,
unless the case is referred to the Court En Banc, in which event, the
parties shall file ten additional copies. For the En Banc, the parties
need to submit only two sets of annexes, one attached to the original
and an extra copy. For the Division, the parties need to submit also
20
two sets of annexes, one attached to the original and an extra copy.
All members of the Court shall share the extra copies of annexes in
the interest of economy of paper.
Parties to cases before the Supreme Court are further required, on
voluntary basis for the first six months following the effectivity of this
Rule and compulsorily afterwards unless the period is extended, to
submit, simultaneously with their court-bound papers, soft copies of the
same and their annexes (the latter in PDF format) either by email to the
Court’s e-mail address or by compact disc (CD). This requirement is in
preparation for the eventual establishment of an e-filing paperless
system in the judiciary.
b. In the Court of Appeals and the Sandiganbayan, one original

(properly marked) and two copies with their annexes;
c. In the Court of Tax Appeals, one original (properly marked) and two
copies with annexes. On appeal to the En Banc, one Original
(properly marked) and eight copies with annexes; and
d. In other courts, one original (properly marked) with the stated

annexes attached to it.50
VI. ANNEXES SERVED ON ADVERSE PARTY

A party required by the rules to serve a copy of his court-bound on the
adverse party need not enclose copies of those annexes that based on the
record of the court such party already has in his possession. In the event a
party requests a set of the annexes actually filed with the court, the part
who filed the paper shall comply with the request within five days from
receipt.51
50
51
21
Sample Formatted Pleading:
Republic of the Philippines

First Judicial Region
REGIONAL TRIAL COURT
Branch 123, Mhine, Manila
FORMLE S. BENDANA
Plaintiff,
CIVIL CASE NO. 123-2021
-versus-
DECLARATION OF NULLITY
OF JANUARY 2020 DEED OF
ABSOLUTE SALE,
CANCELLATION OF TAX
DECLARATION NO. 1234567
BIDESTA S. MENDIOLA
Defendant.
x------------------------------------------------------x
ANSWER
DEFENDANT, Bidesta S. Mendiola, through the

undersigned counsel unto the Honorable Court in response to
the Complaint of the Plaintiff, most respectfully allege, that:
ADMISSIONS AND DENIALS
22
1. The personal circumstances of the plaintiff stated in
Paragraph 1.1 are admitted but deny the rest of the
allegations therein the truth being those alleged
hereunder;
2. Paragraphs 1.2 and 1.3 are admitted;
Page 2 of 4
ANSWER CIVIL CASE NO. 123-2021
3. Paragraph 1.4 is admitted in so far as the personal

circumstances of the answering defendants but deny the
rest of the allegations therein;
4. Paragraphs 2.1, 2.2, 2.3, 2.4, 2.5, 2.6 and 2.7 are
admitted;
5. The narratives in paragraph 2.8 to 2.11 are denied for

lack of sufficient knowledge or information sufficient to
form a belief as to the veracity or falsity or applicability of
the same, and the conclusion of law made therein is
anchored on matters or mere opinion of the plaintiff;
6. The allegation in paragraphs 3.1 to 3.8 are denied for

lack of information or knowledge sufficient to form a
reasonable belief thereof; as to the truth or falsity of the
same
SPECIAL AND/OR AFFIRMATIVE DEFENSES
7. The above-named defendant is the lawful owner and

possessors of the parcel of residential land located at
23
Brgy. Akin Ito, Mhine, Manila which is more particularly
described as follows:
TAX DECLARATION NO. 2345678

Property Index No. 09-87-654321
“A parcel of residential land with an area of FOUR

HUNDRED SQUARE METERS (400sqm.). Bounded
on the North SEC.123 ALN 123; on the South ALN
123 (Mine St.); on the East by ALN 12,34; and on the
West ALN 56,78. With an assessed value of P
54,321.”
Attached and made an integral part hereof is the

copy of the Tax Declaration no. 2345678 as Annex “1”;
8. Defendant has been in continuous, open, peaceful

possession and in the concept of an owner of the above
parcel of land since 1940’s. In fact, their residential
house covered by Tax Declaration No. 3456789 (Annex
“2”) is
Page 3 of 4
erected on the said land. They religiously paid the Real

Property Taxes for the same. Attached hereto and made
an integral part hereof are some of the Real Property Tax
Receipts as Annexes “3” to “3-23”;
COMPULSARY COUNTERCLAIM
9. By reason of the precipitate suit, answering defendants

were constrained to hire the services of a lawyer to
24
defend their rights and interest and agreed to pay
Attorney’s fees of TWO HUNDRED FIFTY THOUSAND
PESOS (PhP250,000.00) and appearance fee of FIVE
THOUSAND PESOS (PhP5,000.00) per appearance;
WITNESS AND HER TESTIMONIES
10. Defendant Bidesta S. Mendiola will be presented as

witness, who will testify on the truth and veracity of the
factual, material and relevant allegations in the Answer
and likewise, identify pertinent documents to support her
defense.
DOCUMENTARY EVIDENCE
The following documents shall be presented:
11.1 Tax Declaration No. 2345678 Annex “1”;

To prove defendant is the true and lawful owners and
possessors of the property located at Brgy. Akin Ito,
Mhine, Manila;
11.2.Tax Declaration No. 3456789 Annex “2”;
To prove that the residential building, erected on the land

covered by Tax Declaration No. 3456789, is owned by
defendant Bidesta S. Mendiola;
11.3. Real Property Tax Receipts, Annexes “3” to “3-23”;
Page 4 of 4
To prove that defendant Bidesta S. Mendiola has been

religiously paying the real property taxes of the subject
parcel of land.
25
PRAYER
WHEREFORE, premises considered, it is prayed that

the instant complaint be DISMISSED for utterly lack of merit;
and that plaintiff be ordered to pay answering defendants’
compulsory claim i.e Attorney’s fees of TWO HUNDRED FIFTY
THOUSAND PESOS (PhP250,000.00) and appearance fee of
FIVE THOUSAND PESOS (PhP5,000.00) per appearance
Other reliefs as may be deemed just and equitable under

the premises are likewise prayed for.
Mhine, Manila June 7, 2021
ATTY. GEEMALE A. YAHOOOO

Counsel for the Defendant
Pulang Bldg, White St., Brgy. Leon, Manila
PTR No. 1234567/ Manila
01-02-2021
IBP No. 1234567/ Pasig City
Roll No. 1234567
MCLE Compliance No. V-1234567
Valid until 05-05-2023
Email: geemale@yahoo.com
26
MODULE 8
OTHER USEFUL LEGAL FORMS FOR NEW
LAWYER
DEMAND LETTERS
LEGAL OPINIONS
RETAINER AGREEMENTS
Contributors
JUCO, BENEDICT
MENDOZA, NOSLEN ANGINEB
SAMSON, SKY BLUE
TAN, MARIA ANTHEA
27
I. Demand Letters
What is a Demand Letter?
The term demand letter refers to a formal document sent by one party to
another in order to resolve a dispute. The sending party may issue one
requesting payment or another action in order to right a wrong or settle
some type of grievance. The recipient may be in financial default, may have
breached a contract, or may not have followed through with an obligation.
They are normally written by lawyers. Demand letters are commonly the
first step aggrieved parties turn to before taking legal action against the
recipient.
The recipient may follow through with the writer's request by fulfilling the
conditions outlined in the letter. The recipient may, on the other hand,
respond with their own letter denying the claims. The recipient may also
choose to ignore the demand letter. In the last two cases, the sender may
take legal action, bringing a lawsuit in court to remedy the situation.
The letter shows the sender is serious about coming to a resolution.

Although they are not legally required, demand letters are frequently used
in contract law, tort law, and commercial law cases. Most courts consider
the recipient sending a demand letter as a measure of good faith to try to
come to a resolution.52
What’s in a Demand Letter?
You can write demand letters yourself. But most people choose to pay a
lawyer to draft up the document. There is no prescribed length for a
demand letter, though a shorter letter is ideally better. It should only be
long enough to clarify your intent. If it goes beyond that, it begins to hurt
52
Kenton, W., & Stapleton, C. (2021, June 6). Demand Letter. Investopedia. https://www.investopedia.com/terms/d/demand-
letter.asp
28
the letter's effectiveness. And writers should be sure that they don't stray
from the facts.
The contents of a demand letter depend on the nature of the demand

made. General contents such as the names of the parties, summary of their
relation or circumstances that led to the provision of the letter, the prayer
and the period to comply. Demand letters can be given when one tries to
enforce the performance of something either to do or stop doing. 53
Receipt of Demand Letter
A lot of people tend to ignore the letter which is in fact at their liberty to do
but it is wiser to take into account these certain tips after receiving the
letter:
1. Don’t Blow It Off

2. Assess the Validity of the Arguments
3. Understand the Obligee’s Motives
4. Determine whether or not a lawyer is needed
5. Respond
6. Verify receipt54
POINTS TO REMEMBER:
 A demand letter is a document sent by one party to another in order

to resolve a dispute.
 The letter requests some form of restitution to the aggrieved party
and is often preceded by amicable attempts to remind a recipient of
the obligation.
 Most demand letters are written by lawyers.
53
letter.asp
54
Legagneur, Esq., J. G. (2021). What to Do When You Receive a Demand Letter. Nolo. https://www.nolo.com/legal-
encyclopedia/what-to-do-when-you-receive-a-demand-letter.html
29
 Demand letters outline the damages, the demand for restitution, a
deadline, as well as any consequences if the conditions are not met.
 Don't ignore a demand letter but take the time to review and
respond to it if you receive one.55
The most common example of a demand letter is a monetary demand

letter.
It is a letter demanding payment of a debt either the original amount or a

reduced amount or installments within a certain time period. The material
dates and the name of the respondent must be alleged.
If legal action is later initiated to recover the money this demand letter can
serve as evidence in court that the debtor has not attempted to resolve the
matter. The sending of demand letter can also be the basis in charging
interests that are provided for by law.
55
letter.asp
30
Sample Demand Letters:
Sample 1: Monetary Demand Letter56
56
University of the Philippines (2021), UP BOC, p.83
31
Sample 2: Demand to Pay Rent and Vacate Property
32
II. Legal Opinion
Introduction
Conflict of laws situations can arise amid intercountry concerns across a
wide array of subjects such as property, inheritance, family relations,
corporate issues, taxation, criminal law, political law, and others, obliging
referral to Philippine legal perspectives.57
Answering these questions may require a formal legal opinion or

recommendation on a given set of facts to be rendered by a licensed
Philippine lawyer.58
What is a Legal Opinion?

A legal opinion (or opinion letter) is a verbal or written objective
interpretation or analysis of a legal position by a professional legal
practitioner which is intended to be relied on by the person to whom it is
addressed. In other words, a legal opinion is the opinion of a particular legal
practitioner about the application of the law to a particular set of facts and
usually contains conclusions or recommendations. A legal opinion is
defined to mean “a statement of advice by an expert on a professional
matter.”59
The letter can also be said to as an opinion of how the highest court of
jurisdiction would resolve the issues expressed in the letter. Professional
understanding of the issue relies on the law at the date of writing. However,
the opinions expressed in the letter are not a guarantee of a particular
outcome.60
57
BRITANICO, F., Legal Opinions and Memoranda on questions of Philippine Law, Retrieved from
https://lawyerphilippines.org/2020/06/26/legal-opinions-and-memoranda-on-questions-of-philippine-law/
58
Ibid
59
MICHALSONS, Legal Opinion | Purpose and Process of getting one, Retrieved from https://www.michalsons.com/legal-
services/legal-opinion
60
LUENENDONK, M., Legal Opinion, Retrieved from https://www.cleverism.com/lexicon/legal-opinion-
definition/#:~:text=A%20legal%20opinion%20is%20a,a%20condition%2C%20intendant%20or%20action.&text=The%20letter%20can
%20also%20be,issues%20expressed%20in%20the%20letter.
33
What makes it legal?
Opinion becomes legal if and when it is founded on a provision of law,
jurisprudence or settled principle in law. Essentially, what distinguishes the
lawyer’s opinion from that of anybody else is that the opinion of the lawyer
is based on law or settled legal doctrines, of which every bar candidate is
expected to acquire mastery in order to be considered fit and ready to be
admitted to the integrated bar.61
Are Legal Opinions binding?

Legal opinions are not necessarily legally binding but may be of persuasive
authority.62
What is the purpose of a Legal Opinion?

The purpose of the legal opinion is to persuade or convince a client to take
a recommended course of action after the lawyer makes a thorough study
and deliberation of the facts presented by the client, as well as the issues
and the applicable laws thereto.63
One must be clear on why he wants a legal opinion. Is it for him to:
 know the legal effect of a transaction or matter,
 identify legal risks that you should consider further and manage,
 prove to a regulator that you have been responsible in how you have
applied the law,
 back up your argument,
 prove to a customer that your offering is lawful,
 convince someone to do something,
 be able to defend your organization in the future.64
61
JARALES, J. Legal Opinion Writing, Retrieved from
https://www.scribd.com/document/232677973/Legal-Opinion-Writing-Notes
62
Ibid
63
Ibid
64
MICHALSONS, Legal Opinion | Purpose and Process of getting one, Retrieved from
https://www.michalsons.com/legal-services/legal-opinion
34
What is the form required for a Legal Opinion?
Each lawyer may have his or her own way of organizing and presenting
legal opinion. 65
Some legal opinion writers are comfortable beginning their writing in the
middle of the opinion, where the substance is worked out and then
eventually complete the legal opinion by writing the introduction and
epilogue after the main contents have been settled.
As a general rule, there is no prescribed form for Legal Opinion. However,

the substance must meet certain minimum requirements of content. 66
POINTS TO REMEMBER IN WRITING A LEGAL OPINION:

1. Ascertain the purpose for which your client seeks your opinion
2. Do pre-work
a. Get all the facts you need for forming a competent opinion;
b. Make a summary of the relevant facts of the case and put them in
correct sequence;
c. Identify the issues that have to be resolved and rough out the
arguments that support your thesis.
3. After pre-work, do write up67
FUNCTIONAL PARTS OF A WRITTEN LEGAL OPINION

1. Introductory or Preview Paragraph
The first paragraph of the opinion that lets the reader know what is
ahead and puts forward the lawyer’s position or conclusions in the
affirmative. Immediately, it gives the reader of the legal opinion a
quick idea of what the entire document is about68
65
66
ABAD (2009)
67
Ibid
68
35
2. Epilogue
The closing paragraph that refines the whole message or summarizes
the points in the legal opinion. It should clearly but briefly state what
the client-reader is to do or what the lawyer will be doing next.
The idea behind every closing statement is to depart on a good note
after placing your pleading with every sort of argument in support of
your stand. The closing statement should not appear to argue even if
it may appeal to the good sense of the judge exercised in your
favor.69
3. Headings
a. Statement of Facts;
b. Statement of Issues;
c. Statement of Applicable Laws;
d. Application of Law; and
e. Conclusion and Recommendation
STATEMENT OF FACTS
In writing the opinion, make sure to set out all the important facts and
remove immaterial facts or surplusage or those that need not be
appreciated for the resolution of the issues involved. If there is a dispute
over the facts, you may set out both versions but be as brief as possible.
You can set the facts out chronologically or by another method
a. Serves as the basis of the opinion; and
b. Includes all relevant facts, whenever favorable or not70
How to Organize Relevant Facts

1. Always know where the narration of facts should logically begin
2. Organize the facts as they happened
3. Organize the facts in such a way that it is clear how the legal issues of
the problem arise
4. Do not ignore adverse facts. These must also be considered as long
as they are relevant
5. Be concise. Some facts need not be restated71
69
Ibid
70
SAN BEDA LAW, Memory Aid
71
Ibid
36
Note: Avoid Conditional Statements. Do not assume facts unless absolutely
needed to render the opinion.
STATEMENT OF ISSUES
State the legal questions which you will answer on the basis of the facts
presented72
A dispassionate discussion of the issues and the applicable law is the

central purpose of the legal opinion. In defining and identifying the issues
the lawyer predicts the answers that a court would give if it were faced
with the facts, in light of the pertinent and applicable laws thereto.
a. State the issue or issues- this is the query in which the client
seeks our your opinion concerning the facts surrounding the
case
b. State the position you take on those issues – This is the part
where you answer the query, answering based on relevant
laws and jurisdiction. 73
STATEMENT OF APPLICABLE LAWS

1. Briefly survey the applicable law
The prospective client will find it helpful to have the applicable
statutory provisions set out. If the provisions are long, the lawyer
may opt to paraphrase them
2. Briefly survey the precedents (e.g. decisions of the Supreme Court)74
The lawyer may review the relevant, primary precedents governing the
facts.
Note: This is not a legal treatise where you have to state the history and
particulars of a law. The most recent or definitive cases will suffice
72
Ibid
73
UST LAW, Golden Notes (2011)
74
37
The arguments that may be made against you
List all the pertinent laws and jurisprudence which are not in your favor to
show your client both sides as to not incite overexcitement to a winning
case nor distress over a possibly losing case. 75
Use of Legal Authorities

1. Use correct and up-to-date sources
2. Avoid long quotations
3. Cited sources should apply to the given facts
4. As much as possible, do not incorporate the citations in the body of
the opinion.76
APPLICATION OF LAWS
Apply the law to the facts
1. You are answering a specific question with a specific factual situation
2. This is not hypothetical unless the client has framed his request as
such77
How to create an argument

a. The statement of a rule that applies to a given fact or set of
facts (the rule statement)
b. The statement of the fact of a particular case that opens up
such case or closes it to the application of the rule (the case-
fact statement) and
c. The conclusion that the rule applies or does not apply to the
particular case (the conclusion statement)78
CONCLUSION
Summary of the lawyer’s prediction about the appreciation of the law or
settled legal principles and their application to the given case. This is where
the brief answers furnished at the introductory paragraph are affirmed and
expended
75
76
77
78
38
1. Statement of the writer’s answer to the problem
2. The brief answer at the start of the opinion is fully explained79
Note: Keep your answers brief

There should only be one paragraph per issue
Purposes:
1. To remove present opinions;
2. To guide the client on what to expect80
RECOMMENDATION
The lawyer is expected to recommend the best solution to the problem
facing the client.
1. Answers the question: “What should the client do?”, “What do you
propose to do for the client?”
2. Must be connected to the conclusion
3. Should seek to help the client understand his legal situation81
ILLUSTRATION:
Juan’s dog escaped through a gate left open and tried to bite his neighbor
who got injured while attempting to run away. Is Juan liable?
The facts can be organized or structured as follows:

1. Facts showing the duty of the pet owner
2. Foreseeability (i.e. the facts which show that the pet owner could
have foreseen the incident)
3. Contributory Negligence (i.e the facts showing that the victim had
contributed to the injury suffered)
4. Causation (i.e. facts showing that the injury was caused by the dog’s
attack)
5. Damages (i.e. facts describing the nature and extent of the injury
suffered)
6. Duty to lessen one’s own injury82
79
80
Ibid
81
Ibid
82
Ibid
39
Samples of a Legal Opinion
SAMPLE 1: LEGAL OPINION
HEADER AND INTRODUCTION

State the purpose of the opinion
and the issue to be answered
SAMPLE LEGAL OPINION BRIEF ANSWER
10 March 2015.
MR. JOHN LLOYD DE LA CRUZ

1234 Mendiola Street
Manila STATEMENT OF FACTS
Dear Mr. De la Cruz,
You requested our opinion on whether you can collect your

separation pay, unpaid wages and other unpaid benefits from ABC
Corporation (ABC) after the latter acquired all the assets and business
of your former employer XYZ Company Inc. (XYZ), which has since
closed down.
We believe there is sufficient ground to conclude that the sale of all

assets and business of XYZ to ABC is not in good faith and ABC must
assume all the liabilities of XYZ including the obligation to pay your
separation pay, unpaid wages and other unpaid benefits.
You inform us that XYZ is a Philippine company in the business of

making furniture for export. Your employment records show that you
were a painter at XYZ's finishing section for 18 years, when your DISCUSSION
employment was terminated on March 3, 2011, allegedly because
your service were no longer needed after XYZ acquired an automatic Analyze applicable law and
how it applies to the relevant
facts
40
painting machine. Your dismissal was found to be unlawful by the
National Labor Relations Commission in a Decision dated January 17,
2009, but pending is execution, all business and assets of XYZ were
sold to and acquired by ABC.
You likewise inform us that after ABC acquired all the equipment,
plant site, and machines of XYZ, ABC continued the furniture making
business of XYZ and served the pending export orders of XYZ. You also
confirm that ABC has reemployed 70% of all the former employees of
XYZ without loss of seniority or benefits.
Finally, we have examined the available records of the Securities and

Exchange Commission and found that ABC was incorporated by the
same owners of XYZ in February 25, 2007, and the principal officers of
the two are the same.
The Concept of De Facto Merger
Discussion (facts and law)
The Liability of a Transferee of an On-going Concern
Discussion (facts and law)
Based on the foregoing, it is our opinion that ABC Corporation should

be held liable to pay your separation pay, unpaid wages and other CONCLUSION
benefits as successor-in-interest of XYZ Company, Inc.
It is our further advice that you file in the labor case where you
obtained a favorable judgment a motion for the execution of the
RECOMMENDATION
judgment to be enforced by levy by the sheriff on such assets and
properties transferred by XYZ to ABC as may be sufficient to pay the Give Solution to the Problem
judgment in your favor. These properties may be sold on auction and
the proceeds of any sale paid to satisfy your claims.
We trust that you find the foregoing helpful. Should you require our
further assistance; please do not hesitate to let us know.
Very truly yours,
ATTY. ABE O. GADO

For the Firm
41
SAMPLE 2: LEGAL OPINION
42
43
44
45
III. Retainer Agreement
What is a Retainer Agreement?
A retainer agreement is a formal document outlining the relationship

between an attorney and client. It details the different obligations and
expectations involved, which can include ethical work principles, retainer
fees, modes of communication, and professional ground rules.83 Retainer
agreements may come in different forms or length. The character of the
agreement depends on the client and the attorney’s negotiations.
A retainer agreement is a long-term work-for-hire contract between

a firm and a client that retains ongoing services from you (as a consulting
business) and provides you with a stable amount of payments.84 It’s
different from other pricing models in a way that the client or customer
pays in advance for professional work to be determined later.85
When hiring a lawyer, a retainer agreement can sometimes be used.

This involves payment of a "retainer fee," which is basically like a down
payment paid from the client to the lawyer. The payment helps secure the
lawyer’s service, and shows that the client is willing to hire the lawyer.
Some of the payment funds may also be used for legal tasks throughout the
course of the case. The funds are typically kept in their own separate
account.86
The relation of attorney and client begins from the time an attorney
is retained.87 The duty of a lawyer to safeguard his client’s interests
commences from his retainer until his discharge from the case or the final
disposition of the subject matter of litigation. Acceptance of money from a
client establishes an attorney-client relationship and gives rise to the duty
of fidelity to the client’s cause. The canons of the legal profession require
83
Copyright RPM Inc. (2019, August 5). When to Use a Retainer Agreement and When to Avoid it. Retrieved from copyrighted:
https://www.copyrighted.com/blog/retainer-agreement
84
Viter, I. (2020, November 7). Everything You Need to Know Before Signing a Retainer Agreement. Retrieved from forecast.app:
https://www.forecast.app/blog/retainer-agreements-complete-guide.
85
Id.
86
Rivera, J. (2018, June 25). What is a Retainer Agreement? Retrieved from legalmatch: https://www.legalmatch.com/law-
library/article/what-is-a-retainer-agreement.html
87
Stone v. Bank of Commerce, 174 US 412 (1899).
46
that once an attorney agrees to handle a case, he should undertake the
task with zeal, care and utmost devotion.88
What is a Retainer?
The term “retainer” may refer to either of two concepts. It may refer
to the act of a client by which he engages the services of an attorney to
render legal advice, or to defend or prosecute his cause in court. It is either
general or special. The word “retainer” may also refer to the fee which a
client pays to an attorney when the latter is retained, known as retaining
fee.89
What are the Types of Retainer?
1. General Retainer - is one the purpose of which is to secure

beforehand the services of an attorney for any legal problem that
may afterward arise.
2. Special Retainer - has reference to a particular case or service.90
Necessity of Retainer
 An attorney has no power to act as counsel or legal representative
for a person without being retained nor may he appear in court for a
party without being employed unless by leave of court.91
 There must be a contract of employment, express or implied,
between him and the party he purports to represent or the latter’s
authorized agent.92
 If he corruptly or willfully appears as an attorney for a party to a case
without authority, he may be disciplined or punished for contempt as
an officer of the court who has misbehaved in his official
transaction.93
 Neither the litigant whom he purports to represent nor the adverse
party may be bound or affected by his appearance unless the
88
Lijauco v. Terrado, A.C. No. 6317, August 31, 2006
89
AGPALO, Legal and Judicial Ethics (2009), p. 186
90
Id.
91
Lim Siok Huey v. Lapiz, G.R. No. L-12289, May 28, 1958; RULES OF COURT, Rule 138, Sec. 21
92
93
RULES OF COURT, Rule 138, Sec. 21
47
purported client ratifies or is estopped to deny his assumed
authority.94
Retaining Fee
A retaining fee is a preliminary fee given to an attorney or counsel to
insure and secure his future services, and induce him to act for the client. It
is intended to remunerate counsel for being deprived, by being retained by
one party, of the opportunity of rendering services to the other and of
receiving pay from him, and the payment of such fee, in the absence of an
express understanding to the contrary, is neither made nor received in
payment of the services contemplated; its payment has no relation to the
obligation of the client to pay his attorney for the services which he has
retained him to perform.95
Purpose: The purpose of retainer fee stems from the realization that
the attorney is disabled from acting as counsel for the other side after
he has given professional advice to the opposite party, even if he
should decline to perform the contemplated services on behalf of the
latter. It is to prevent undue hardship on the attorney resulting from
the rigid observance of the rule that a separate and independent fee
for consultation and advice was conceived and authorized.96
Forms of Employment as Counsel to a Client

1. Oral – when the counsel is employed without a written agreement,
but the conditions and amount of attorney’s fees are agreed upon.
2. Written – when the terms and conditions including the amount of
fees, are explicitly stipulated in a written document, which may be a
private or public document.
3. Implied – when there is no agreement, whether oral or written, but
the client allowed the lawyers to render legal services not intended
to be gratuitous without objection, and the client is benefited by
reason thereof.97 An acceptance of the relation is implied on the part
of the attorney from his acting on behalf of his client in pursuance of
a request from the latter.98 There is an implied contract of
94
95
Hilado v. David, G.R. No. L-961, September 21, 1949
96
97
PINEDA, Legal Ethics Annotated (2009), p. 318-320
98
48
professional employment where an attorney appears on behalf of a
party without the latter interposing any objection thereto.99
While a written agreement for professional services is the best

evidence to show the relation, formality is not an essential element of the
employment of an attorney. It is not necessary that a retainer should have
been paid, promised or charged for; nor is it material that the attorney
consulted does not afterward undertake the case about which he has been
consulted. The absence of a written contract will not preclude a finding that
there is a professional relationship. Documentary formalism is not an
essential element in the employment of an attorney; the contract may be
express or implied. It is sufficient, to establish the professional relation, that
the advice and assistance of an attorney is sought and received in any
matter pertinent to his profession.100
In the absence of a written retainer, the establishment of the

attorney-client relationship depends upon the circumstances of the case. In
other words, the employment of counsel or the authority to employ an
attorney need not be proved in writing; such fact could be inferred from
circumstantial evidence. 101
Advantages of a Written Contract between the Lawyer and the Client

1. It is conclusive as to the amount of compensation; and
2. In case of unjustified dismissal of an attorney, he shall be entitled to
recover from the client full compensation stipulated in contract.102
Employment of Law Firm

The employment of a law firm is equivalent to the retainer of the
member thereof even though only one of them is consulted; conversely,
the employment of one member is generally considered as employment of
the law firm.103 Thus, when a client employs the services of a law firm, he
does not employ the services of the lawyer who is assigned to personally
handle the case. Rather, he employs the entire law firm. In the event that
99
Id.
100
AGPALO, Legal and Judicial Ethics (2009), p. -187188
101
Santos v. NLRC, G.R. No. 101699. March 13, 1996
102
R.A. No. 636, Sec. 1, par. 3
103
49
the counsel appearing for the client resigns or dies, the firm is bound to
provide a replacement.104
A professional relation between a law firm and a client emerges from
the professional advice sought by a client and given by a member of the law
firm. The reason for the rule is that information obtained from a client by a
member of the law firm is information imparted to the latter. The member
acts in the name and interest of the firm and information or knowledge he
acquires, by the nature of his connection with the firm, is available to the
other members.105
Benefits of Having a Retainer Agreement

Having a retainer agreement guarantees you availability and access
to your ideal representation of choice. You can set hours each month for
specific services, or pay until the case is concluded. On the other side of the
coin, a retainer agreement ensures a stream of income for the attorney. A
retainer agreement is also useful in budget planning. You can estimate your
short-term and long-term expenses based on the terms you have agreed
upon and the approximate duration of your case.106
It cuts cost. Paying for a monthly legal retainer is way cheaper than
having a legal team or an in house counsel. A monthly legal retainer is
cheaper because you share expenses with other companies availing of the
services of such law firm. Admit it, you do not need the services of the
lawyer everyday, you only need it only when you badly need it. Paying a
monthly legal retainer gives you that exactly. So, in other words, you pay
only of the times you need them unlike with a legal team or an in house
counsel, you also pay them to wait.
Prevention is always better than cure. Every legal dealing in business

has a prescription period or a time table. If you miss out on these deadlines,
you suffer more losses, more expenses. With a monthly legal retainer, you
get this all in check. You get to attend to all your legal matters in time
without you worrying about it.
104
Rillaroza, Africa, De Ocampo and Africa v. Eastern Telecommunications, Phil., Inc., G.R. No. 104600, July 2, 1999
105
106
50
Legal Documents, Legal Documents. With a monthly legal retainer,
you will never have to worry about legal documents again. Whenever you
need something notarized, an affidavit, a contract, a secretary's certificate,
name it, it’s there. You do not need to look for them anywhere anymore,
we have them.
Legal Representation. If you need a lawyer to represent you in court,

we got that covered for you. Our competent lawyers who are well
experienced will make sure that you get justice in the end.107
Disadvantages of Having a Retainer Agreement

The chief disadvantage of having a retainer agreement is the risk of
paying for unused services. You are essentially paying a type of carrying a
cost for services that may remain on the shelf indefinitely. It often happens
in cases when there are minimal to no legal disputes needing
representation. In this type of scenario, you may be better served by a one-
time flat fee or a service-based retainer, instead of keeping constant hours
and regular access. You may also find the upfront costs to be prohibitively
expensive.108
Retainer Agreement Violation

Violations of retainer agreements can happen in many ways. These may
include:
1. Failure by the attorney to place the money in a separate account.
2. Using the money for personal purposes rather than for assisting in
the trial.
3. Issues regarding payment terms and amounts.109
Essential Parts of the Agreement

The essential parts of the agreement include:
1. Scope and nature of the work
107
What are the advantages of a monthly legal retainer? (n.d.). Retrieved from firm.batasnatin: https://firm.batasnatin.com/the-
firm/legal-retainer.html
108
109
Rivera, J. (2018, June 25). What is a Retainer Agreement? Retrieved from legalmatch: https://www.legalmatch.com/law-
library/article/what-is-a-retainer-agreement.html
51
What is the attorney expected to do for the client? There is a
difference between the requirements of a corporation looking for a
lawyer to draft contracts, and an individual trying to win a custody case.
The retainer agreement can also detail actions that the attorney will not
do.
2. Retainer fee
The retainer fee is the amount charged to the client. The agreement
must show the basis of the fee in detail. When appropriate, specific
examples can be written down. For example, this includes flat fees for
certain cases or projects.
3. Client expenses
The client typically pays for some expenses, especially filing-related
expenses and travel costs. The retainer agreement should specify costs
that the client will have to pay regardless of the outcome of the case.
Aside from these essential parts of a retainer agreement, the

document can also go in-depth about other aspects of the legal relationship.
Adding relevant clauses helps prevent disputes later. Additional terms may
include:
 Means for fee arbitration, in case of a dispute;
 Expectations towards the client, in terms of cooperation and
communication;
 Right to withdraw by the attorney;
 The client’s right to terminate the retainer agreement;
 Intention to use an associate, paralegal or contract lawyer for
additional services and expenses;
 No guarantee of the result;
 Privacy policy of the lawyer and law firm, including action over
property and files of the client after the case;
 Conflict checks110
110
52
Samples of Retainer Agreements
SAMPLE 1: RETAINER AGREEMENT
RETAINER CONTRACT
KNOW ALL MEN BY THESE PRESENTS:
This CONTRACT made and executed by and between:
___________________________________, hereinafter referred to as the "CLIENT";
- and -
________________________ LAW OFFICE, a law firm organized under and by virtue of the laws of
the Republic of the Philippines as a general professional partnership, with principal office at
__________________________________________________________, Philippines, and represented in
this act by its Managing Partner, _____________________________; and hereinafter referred to as the
"LAW FIRM";
WITNESSETH:
WHEREAS, the LAW FIRM has offered its professional legal services to the CLIENT and CLIENT
agrees to retain the professional legal services of the LAW FIRM under a retainership basis, subject to the
terms and conditions hereinafter stipulated:
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein agreed
upon, the CLIENT and the LAW FIRM, by these presents, have entered, as they hereby enter, into a
contract of services whereby the LAW FIRM shall render legal services to the CLIENT, under the following
terms and conditions:
1. The term or duration of this contract shall be for one (1) year effective upon signing of this
agreement and shall automatically renewed on a year to year basis unless either party pre-terminates the
same upon serving a thirty (30) day-prior written notice to the other party, without need of cause;
53
2. The LAW FIRM, while in the performance of its duties, shall be entitled to a fixed monthly retainer
fee of PESOS: __________________________ (P_________);
3. The LAW FIRM shall make itself available for ready consultation by the CLIENT or its duly authorized
officers in all matters or business requiring legal advice and opinion affecting the said corporation in
general. Written opinions rendered by the LAW FIRM on matters affecting the business and operations of
the corporation shall be subject to confirmations;
4. The LAW FIRM shall render documentation and notarial services to the CLIENT as part of this
retainership. Client documents shall be notarized free of charge while documents requiring the
participation and signature of a party other than the Client shall be subject to additional fees and charges.
5. The LAW FIRM shall handle other cases as referred to it by the CLIENT for a fee that shall be
determined by mutual agreement of the law firm and the CLIENT, on a case to case basis, such as, but not
limited to, all suits or cases for or against the CLIENT, including officers and employees of the CLIENT sued
in their official capacity;
6. Clerical and routine expenses for mailing of demand letters, pleadings to court and copies thereof to
adverse parties, costs of photocopy of evidentiary documents, payment of stenographic notes, costs of
publications of notices, as well as filing fees and other legal expenses in court and other appropriate
government offices shall be for the account of the CLIENT;
7. The LAW FIRM shall not, either during the term of this contract or any time thereafter, use or disclose
to any person, office, corporation or entity any confidential information concerning the affairs of the
CLIENT which he may have acquired in the course of or as incident to this contract for its own benefit, or
to the detriment or probable detriment of the CLIENT;
8. Any violation of the terms and conditions of this contract by the LAW FIRM shall give the CLIENT the
option to rescind or cancel immediately the contract without necessity of judicial proceedings;
9. The LAW FIRM reserves the right to terminate this Agreement upon giving a thirty-day written notice
to the CLIENT;
54
10. Likewise, the Client has the right to terminate this Agreement upon giving a thirty-day written notice
to the LAW FIRM.
IN WITNESS WHEREOF, the parties have signed this instrument this _____________ at
_____________, Philippines.
_____________________ _____________________
CLIENT LAW FIRM
55
SAMPLE 2: RETAINER AGREEMENT
RETAINER CONTRACT
KNOW ALL MEN BY THESE PRESENTS:
This CONTRACT made and executed by and between:
__Client__, a domestic corporation duly organized and existing under and by virtue of the
laws of the Republic of the Philippines, with principal office at _____________,
Philippines and represented in this act by its __Position__, __Name of Officer__, (hereinafter referred to
as the "CLIENT");
- and -
__Law Firm__, a law firm organized under and by virtue of the laws of the Republic of the Philippines as a
general professional partnership, with principal office at _____________, Philippines, and represented in
this act by its Managing Partner, __Name of Managing Partner__, (hereinafter referred to as the "LAW
FIRM")
WITNESSETH: That –
WHEREAS, the LAW FIRM has offered its professional legal services to the CLIENT and CLIENT agrees to
retain the professional legal services of the LAW FIRM under a retainership basis, subject to the
terms and conditions hereinafter stipulated:
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein agreed upon,
the CLIENT and the LAW FIRM, by these presents, have entered, as they hereby enter, into a
contract of services whereby the LAW FIRM shall render legal services to the CLIENT, under the following
terms and conditions:
1. The term or duration of this contract shall be for one (1) year effective upon signing of this
agreement and shall automatically renewed on a year to year basis unless either party pre-terminates the
same upon serving a thirty (30) day-prior written notice to the other party, without need of cause;
2. The LAW FIRM, while in the performance of its duties, shall be entitled to a fixed monthly retainer
fee of PESOS: __________________________ (P_________);
3. The LAW FIRM shall make itself available for ready consultation by the CLIENT or its duly
authorized officers in all matters or business requiring legal advice and opinion affecting the said
corporation in general. Written opinions rendered by the LAW FIRM on matters affecting the
business and operations of the corporation shall be subject to confirmations;
4. The LAW FIRM shall render documentation and notarial services to the CLIENT as part of this
retainership. Client documents shall be notarized free of charge while documents requiring the
56
participation and signature of a party other than the Client shall be subject to fees or charge at the
following rates:
(Notarial Rates)
5. In case of extra-judicial foreclosure of mortgage endorsed to the LAW FIRM by the CLIENT, the
attorney's fees shall be at the rates provided as follows:
(Rates of Legal Fees on Foreclosure)
6. In collection cases other than extra-judicial foreclosure of mortgage, the attorney's fees shall be at the
rates provided as follows:
(Rates of Legal Fees for Collection Cases)
7. The LAW FIRM shall handle other cases as referred to it by the CLIENT for a fee that shall be determined
by mutual agreement of the law firm and the CLIENT, on a case to case basis, such as, but not limited to,
all suits or cases for or against the CLIENT, including officers and employees of the CLIENT sued in
their official capacity;
8. The LAW FIRM shall not compromise or settle judicially or extra-judicially any account, foreclosure
proceeding or suit wherein the CLIENT is a party, without the written consent and conformity of the
CLIENT or his duly authorized officer;
9. Routinary expenses for mailing of demand letters, pleadings to court and copies thereof to adverse
parties, costs of photocopy of evidentiary documents, payment of stenographic notes,
costs of publications of notices, as well as filing fees and other legal expenses in court and other
appropriate government offices shall be for the account of the CLIENT;
10. The LAW FIRM shall, whenever requested by the CLIENT take immediate measures to investigate the
facts and ascertain the legal position of the CLIENT concerning any accidents, claim or liability, and shall
on such cases do what may be required for the protection of the CLIENT. The LAW FIRM may represent
the CLIENT in all suits and proceedings pending or which may be pending in Bacolod City or its environs
wherein the CLIENT is a party, or its rights or interest are involve, at the direction of the CLIENT;
11. The LAW FIRM shall keep in its office a docket of record in which it shall cause to be recorded all
proceedings connected with nay action which the CLIENT is interested and shall keep such other records
necessary to preserve a complete history of the business of the CLIENT entrusted to its charge. Said
docket and records shall be subject to the inspection and control of the CLIENT or his representative;
12. The LAW FIRM shall submit to the CLIENT at least once every quarter or as often as required, written
reports on all pending matters handled by the LAW FIRM for the CLIENT;
13. The LAW FIRM, in addition to the herein enumerated services, shall well and faithfully serve the
CLIENT and shall at all times devote its whole time and attention to the assignments and tasks
given and/or entrusted to it by the CLIENT and shall do and perform all such services, acts and things
connected therewith as the CLIENT shall from time to time direct; nor shall the LAW FIRM at any time get
itself in a situation where a conflict of interest may arise between those of the CLIENT and the LAW
FIRM and/or its CLIENTS;
57
14. The LAW FIRM shall not, either during the term of this contract or any time thereafter, use or disclose
to any person, office, corporation or entity any confidential information concerning the affairs of the
CLIENT which he may have acquired in the course of or as incident to this contract for its own benefit, or
to the detriment or probable detriment of the CLIENT;
15. It is understood and agreed that nothing in this contract shall be construed as establishing the
relationship of employer-employee between the CLIENT and the LAW FIRM, including its personnel;
16. Any violation of the terms and conditions of this contract by the LAW FIRM shall give the CLIENT the
option to rescind or cancel immediately the contract without necessity of judicial proceedings;
17. The CLIENT reserves the right to terminate this Agreement without need of cause or reason upon
thirty-day written notice to the LAW FIRM.
IN WITNESS WHEREOF, the parties have signed this instrument this _____________ at _____________,
Philippines.
CLIENT LAW FIRM
By: _____________By: Managing Partner
SIGNED IN THE PRESENCE OF
_________________ _________________
58
MODULE 8
LAWYER
CIVIL CASES
COMPLAINT FOR EJECTMENT
AND
COMPLAINT FOR COLLECTION OF SUM OF
MONEY
Contributors
ABILLAR, ELISA ANGELA
BADILLO, ALLAN
CARLOS, RAVEN
VAQUILAR CHRISTOPHER ANGELO
59
COMPLAINT FOR EJECTMENT
I. INTRODUCTION
There are three (3) remedies available to one who has been
dispossessed of property: (I) an action for ejectment to recover possession;
(2) accion publiciana or accion plenaria de posesion, or a plenary action to
recover the right of possession; and (3) accion reivindicatoria, or an action
to recover ownership.111
Ejectment cases are summary proceedings designed to provide

expeditious means to protect actual possession or the right to possession of
the property involved. The only question that the courts resolve in
ejectment proceedings is: who is entitled to the physical possession of the
premises, that is, to the possession de facto and not to the possession de
Jure.112 The Courts may provisionally resolve the issue of ownership for the
purpose of determining who has the better right of possession.113
There are two kinds of ejectment suits namely forcible entry and
unlawful detainer.
II. JURISDICTION
An action for ejectment must be brought in the proper Municipal

Trial Court against the person or persons unlawfully withholding or
depriving of possession, or any person or persons claiming under them, for
the restitution of such possession, together with damages and costs.114
III. GOVERNING RULE
Except in cases covered by the agricultural tenancy laws or when the

law otherwise expressly provides, all actions for forcible entry and unlawful
111
Eversley Childs Sanitarium v. Spouses Perlabarbarona, G.R. No. 195814, April 4, 2018
112
Id
113
Rules of Court, Rule 70, Sec. 16
114
60
detainer, irrespective of the amount of damages or unpaid rentals sought
to be recovered, shall be governed by the summary procedure.115
IV. PARTIES
The complainant is the person deprived of the possession of any land
or building by force, intimidation, threat, strategy, or stealth, or a lessor,
vendor, vendee, or other person against whom the possession of any land
or building is unlawfully withheld after the expiration or termination of the
right to hold possession, by virtue of any contract, express or implied, or
the legal representatives or assigns of any such lessor, vendor, vendee, or
other person. The defendant is the person or persons unlawfully
withholding or depriving of possession.116
V. VENUE
Ejectment actions shall be filed in the Municipal Trial Court of the
municipality or city wherein the real property involved or a portion thereof
is situated.117 However, the said rule shall not apply where the parties have
validly agreed in writing before the filing of the action on the exclusive
venue thereof.118
VI. FORCIBLE ENTRY

A. DEFINITION
The action for forcible entry is a summary proceeding for the
recovery of possession by a person who has been deprived of
possession of any land or building by force, intimidation, threat,
strategy or stealth.119
B. PRESCRIPTIVE PERIOD
The prescriptive period for bringing an action for forcible entry
is within one (1) year after unlawful deprivation.120
115
116
117
118
119
120
Id
61
However, where the unlawful deprivation is by stealth, the
one-year period is counted from the time the plaintiff came to know of
the unlawful deprivation.121
C. NECESSITY OF DEMAND
Prior demand is not necessary in an action for forcible entry.122
D. ESSENTIAL ALLEGATIONS IN THE COMPLAINT

The essential allegations of a complaint for forcible entry are
the following:
1. Prior physical possession of the land or building by the plaintiff; and

2. Unlawful deprivation of such possession by the defendant through
force, intimidation, stealth, threats, and strategy123
However, it is not necessary that the foregoing allegations be

expressly stated in the complaint. It is sufficient if these matters may
be inferred from other allegations in the complaint. An allegation that
“defendant unlawfully turned plaintiff out of possession of the
property in litigation, would have been sufficient, because plaintiff's
prior physical possession may then be implied therefrom”124
VII. UNLAWFUL DETAINER

A. DEFINITION
Unlawful detainer, on the other hand, is the summary
proceeding for the recovery filed by a lessor, vendor, vendee or other
person against whom the possession of any land or building is
unlawfully withheld after the expiration or termination of the right to
hold possession, by virtue of any contract, express or implied.125 In
unlawful detainer, the defendants right to possess was initially lawful
since he had a right to do so by virtue of an implied or express contract,
121
City of Manila v. Garcia, G.R. No. L-26053, February 21, 1967
122
Rules of Court, Rule 70, Sec. 1-2
123
Manuel R. Riguera (2020), Primer-Reviewer on Remedial Law, p. 1012, Central Books.
124
Maddammu v. Judge Of Municipal Court Of Manila, G.R. No. L-48940, June 22, 1943.
125
Id
62
but later on became unlawful after the termination or expiration of
such right.126
B. PRESCRIPTIVE PERIOD
Within one (1) year after the unlawful withholding of
possession.127
In case of failure to pay or to comply with the conditions of the

lease, the action should be brought within one (1) year from the
expiration of the 15-day or 5-day period from demand (the last
demand in case there are more than one) or from the service or
posting of written notice.128
C. NECESSITY OF DEMAND
As a rule, prior demand is not required in an unlawful detainer
case. The exception is where the detainer suit is brought by the lessor
against the lessee on the ground of the latter’s failure to pay or to
comply with the conditions of the lease.129
Also where the unlawful detainer is based on defendant’s

possession through tolerance, a demand for the defendant to vacate is
necessary.130
D. ESSENTIAL ALLEGATIONS
The essential allegations of a complaint for unlawful detainer
are the following:
1. Initially, possession of property by the defendant was by contract
with or by tolerance of the plaintiff (possession was legal);
2. The possession became illegal upon notice by plaintiff to defendant
of the termination of the latter's right of possession;
3. The defendant remained in possession of the property and
deprived the plaintiff of the enjoyment thereof; and
126
Manuel R. Riguera (2020), Primer-Reviewer on Remedial Law, p. 1016, Central Books
127
128
129
130
63
4. Within one year from the last demand on defendant to vacate the
property, the plaintiff instituted the complaint for ejectment.131
VIII. PARTS OF A COMPLAINT

The parts of a complaint for ejectment are as follow:
1. The caption
a. Name of the court;
b. Title of the action; and the
c. Docket number if assigned.
2. The body
a. Designation
b. Paragraphs
c. Headings
d. Relief
e. Date
3. Signature and address
4. Verification132
5. Certification Against Forum Shopping
6. Contents
IX. FORMAL REQUIREMENTS
The formal requirements for a complaint for ejectment are:
1. The complaint for forcible entry or unlawful detainer shall be verified133

2. The complaint must be accompanied payment of docket fees; and
3. Certificate against forum shopping;
4. The complaint must allege the jurisdictional allegations (see above).
X. CONSEQUENCES IF COMPLAINT IS DEFECTIVE
131
Romullo v. Samahang Magkakapitbahay ng Bayanihan Compound Homeowners Association,
Inc., G.R. No. 180687, October 6, 2010.
132
The 1991 Revised Rule on Summary Procedure, Sec. 3
133
The 1991 Revised Rule on Summary Procedure, Sec. 3
64
The following are the consequences if a complaint for forcible entry
or unlawful detainer is defective:
1. The jurisdictional facts must appear on the face of the complaint. When
the complaint fails to aver facts constitutive of forcible entry or unlawful
detainer, there shall be no jurisdiction as to the court;
2. The MTC however may convert the case into accion publiciana or accion
reivindicatoria provided that the assessed value of the property is within
its jurisdiction. If not, then it shall dismiss the case.134
134
65
SAMPLE COMPLAINT FOR EJECTMENT
REPUBLIC OF THE PHILIPPINES

National Capital Judicial Region
METROPOLITAN TRIAL COURT
Pasig City
Branch 143
CAMILLE F. CONSTITUTA;
Complainant;
-versus- Civil Case No. xxx
For Summary Ejectment with
claims for back rentals, interests,
damages and attorney’s fees
SEANNE RIEL S. OMATE;
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - x
COMPLAINT FOR SUMMARY EJECTMENT
I, CAMILLE F. CONSTITUTA, of legal age, single and with residence at

121-Z Constitution Compound, Angeles St., Buting Pasig City, most
respectfully state to the Honorable Court:
66
1. I am filing this Complaint for Summary Ejectment under Rule 70 of
the Revised Rules of Court against Sean Gabriel S Omlante, and any
other person who derives any right, claim or interest under him.
Respondent is of legal age and with postal and office address similar
to mine, to wit 121-Z Constitution Compound, Angeles St., Buting
Pasig City where he is renting a business space in the first floor of
said building, which is owned by me.
2. This complaint for Summary Ejectment is predicated on the strained

relationship between me and the respondent-tenant, due to the
latters’ hostile, obnoxious and contemptible attitude as tenant,
which resulted in scandalous altercations, to our embarrassment and
disturbance in the neighborhood. The respondent has also been
refusing to pay rent in the agreed monthly rate of three thousand
pesos (Php 10,000.00) since December of 2020.
3. The respondent has been renting business space, operating a

photocopy shop in the first floor of the building since January 2018.
Because respondent is a childhood friend, I allowed the respondent
to rent the space on mere verbal agreement. We never had any
major problem in the beginning.
4. However, one day respondent found out that an action to recover

possession of property, with respect the building was filed against
me. He then informed me that he would help the adverse party, and
would no longer recognize me as owner of the building, and would
not be paying rent.
5. Since then, respondent has become unruly, and would constantly

threaten and hurl insults at me, whenever I make any mention of
rent, often times calling me a “squatter” and a “cheat.”
6. Because of respondent’s behavior, I initiated steps to eject them

from the property, by having them summoned to the Barangay,
which I was advised by a lawyer to follow as the first and
67
indispensable step in ejectment proceedings. Respondent resented
this and his threats and insults became more intolerable.
7. The barangay proceedings came to pass without an amicable

settlement because respondent wouldn’t agree to vacate the store.
He insisted that since I am not the owner of the property, I cannot
eject them and neither can I collect rent.
8. All attempts at clear-headed reasoning to him by us and by the

barangay officials proved pointless. When it became obvious that the
Barangay intervention was headed for failure, I was issued a
Certificate to File Action. The document is reproduced and made an
attachment to this complaint as Annex “B”.
9. On March 3, 2021 we served Notice of Eviction/Demand to Vacate to

the respondents, giving them ten (10) days to move out. The
deadline has since lapsed. A copy of the demand letter served the
respondents is attached herewith, duly marked as Annex “C”. Since
respondent refused to sign the receiving copy, the courier left a copy
of the demand letter at respondent’s shop.Photographs of the
envelope containing the demand letter are printed and made an
attachment to this complaint, duly marked as Annex “D”.
10.Because of respondent’s plain refusal to relinquish the premises and

in order to obviate another untoward incident between the parties,
complainant files this complaint for Summary Ejectment predicated
on strained relationship between lessor and lessee and violation of
the lease by respondent’s non-payment of rent.
11.From the foregoing, there is a clear case for Summary Ejectment

based on respondent being an unlawful detainer. The possession and
occupation by respondent of the building space is predicated on the
payment of rent and compliance with basic policies on lease,
including maintaining good relations with the lessor.
68
12.When the respondent violated the lease agreement with non-
payment of lease and committing hostile acts towards the
complainant, respondent’s continuing occupation of the store,
despite demand by complainant to relinquish the same, derogated
into one of mere unlawful detainer, for lack of forbearance from the
lessor who at this point had every right to terminate the lease.
13.There is proper compliance to the requirement of notification, since

this complaint is initiated as soon as the ten-day deadline to vacate
expired, and well within the one (1) year period for filing, after
demand is served.
PRAYER
WHEREFORE PREMISES considered it is most respectfully prayed of

the Honorable Court that this complaint be given due course and to find
the instant suit meritorious. Further, to order that:
a) Respondent vacate the rented shop peacefully and without

causing damage thereon and to take all their belongings without
leaving anything in the premises;
b) Respondents pay back rentals of three thousand pesos per month
(Php 10,000.00) with interest at legal rates beginning September
2020 up to the date of their moving out;
c) Respondent be compelled to pay moral damages in the amount of
one hundred thousand pesos (Php 100,000.00) for causing the
complainant public humiliation, worries, stress, damaged
reputation, emotional anxiety, wounded feelings and sleepless
nights;
d) Respondent be compelled to pay exemplary damages in the
amount of fifty thousand pesos (Php 50,000.00) to teach them a
lesson and serve as deterrent to those similarly inclined;
e) Respondent be required to pay attorney’s fees in the amount of
fifty thousand pesos (Php 50,000.00) and appearance fee of five
thousand pesos (Php 5,000.00) per trial since by their refusal to
vacate, complainants were compelled to litigate and spend for
legal services.
69
OTHER RELIEFS, just and equitable under the premises are similarly
prayed for.
RESPECTFULLY SUBMITTED. This 14th day of March 2021 in Pasig City,

Metro Manila.
JURY, PERRY AND ASSOCIATES

Counsel for the Complainant
Universal Building, Galaxy Rd.,
Makati City
kokoklawoffice@gmail.com
0917 234 56 78
FRENCHIE JUM JURY

PTR No. 6231558/Makati City/Jan. 7, 2021
IBP No. 015378/Makati/Jan. 6, 2021
MCLE Compliance VI – 0019072/August 09, 2020
Roll No. 79689
70
COMPLAINT FOR COLLECTION OF SUM OF MONEY
I. INTRODUCTION
Claims may arise out of money owed from a contract of lease, loan,
services, sale or mortgage; it also covers liquidated damages arising from
contracts and the enforcement of a barangay amicable settlement or an
arbitration award involving a money claim. When a debtor refuses or fails
to pay despite demand, a collection suit may be filed with the courts.135 A
collection suit is a civil action by which a party sues another for the
enforcement or protection of a right, or the prevention or redress of a
wrong.136
II. JURISDICTION
Metropolitan Trial Courts (MeTCs) shall exercise exclusive jurisdiction
over payment of money where the value of the claim does not exceed Four
hundred thousand pesos (P400, 000.00), exclusive of interest and costs.137
Municipal Trial Courts in Cities (MTCCs), Municipal Trial Courts

(MTCs), and Municipal Circuit Trial Courts (MCTCs) shall exercise exclusive
jurisdiction over payment of money where the value of the claim does not
exceed Three hundred thousand pesos (P300, 000.00) exclusive of interest
and costs.138
If it exceeds the jurisdictional amount of (Four hundred thousand

pesos (P400, 000.00) in MeTCs, and Three hundred thousand pesos (P300,
000.00) in MTCs, MTCCs, and MCTCs), the Regional Trial Court shall have
exclusive jurisdiction.139
However, plaintiff may join in a single statement of claim one or

more separate claims against a defendant. Under the totality rule, where
135
Lorna Patajo-Kapunan, Understanding small claims cases and how it works for you,
BusinessMirror, February 8, 2016, https://businessmirror.com.ph/2016/02/08/understanding-
small-claims-cases-and-how-it-works-for-you/, accessed June 9, 2021
136
Rules of Court, Rule 1, Sec. 3.
137
Revised Rules of Procedure for Small Claims Cases (as amended by OCA Circular No. 45-
2019, effective 01 April 2019), Sec. 2.
138
Id
139
Id
71
the claims in all causes of action are principally for recovery of money, the
aggregate amount claimed shall be the test of jurisdiction.140
III. GOVERNING RULE

Cases cognizable by the Metropolitan Trial Courts (MeTCs), Municipal
Trial Courts in Cities (MTCCs), Municipal Trial Courts (MTCs), and Municipal
Circuit Trial Courts (MCTCs) shall be prosecuted under the Revised Rules of
Procedure for Small Claims Cases. (As amended by OCA Circular No. 45-
2019, effective 01 April 2019).
Cases cognizable by the Regional Trial Court are considered as an

ordinary civil action which shall be prosecuted under the Revised Rules of
Civil Procedure.
IV. VENUE
Collection suits shall be filed where the plaintiff resides or where the
defendant resides at the election of the plaintiff.141
V. ESSENTIAL ALLEGATIONS
The essential allegations of a complaint for collection of sum of
money are the following:
1. Amount to be collected;
2. The date that the amount became due;
3. The basis of claim or demand
a. Money owed under any of the following:
i. Contract of Lease;
ii. Contract of Loan;
iii. Contract of Services;
iv. Contract of Sale; or
v. Contract of Mortgage; and
b. Liquidated damages arising from contract
140
Rules of Court, Rule 2, Sec. 5(d).
141
Rules of Court, Rule 4, Sec. 2.
72
c. Enforcement of barangay amicable settlement or an
arbitration award 142
VI. FORMAL REQUIREMENT

The formal requirements for a complaint for collection of sum of
money are:
1. In case of small claims, the Statement of Claim must be verified

2. The complaint must be accompanied payment of docket fees; and
3. Certificate against forum shopping;
4. The complaint must allege the jurisdictional allegations (see above).
VII. SMALL CLAIMS

A. SCOPE
Small claims are claims where the value of the claim does not
exceed Four Hundred Thousand Pesos (P400,000.00) exclusive of
interest and costs, for Metropolitan Trial Courts (MeTCs) or Three
Hundred Thousand Pesos (P300,000.00), exclusive of interest and
costs, for Municipal Trial Courts (MTCs), Municipal Trial Courts in Cities
(MTCCs), and Municipal Circuit Trial Courts (MCTCs):
1. For money owned under any of the following:
a. Contract of Lease;
b. Contract of Loan;
c. Contract of Services;
d. Contract of Sale; or
e. Contract of Mortgage;
2. For liquidated damages arising contracts;
3. The enforcement of a barangay amicable settlement or arbitration
award on a money claim.
142
73
B. PURPOSE
The purpose of a small claims process is to provide a simpler
and a more inexpensive and expeditious means of settling disputes
involving purely money claims.143
C. COMMENCEMENT
A small claims action is commenced by filing with the court an
accomplished and verified Statement of Claim accompanied by a
Certification of Non-Forum Shopping and two (2) duly certified
photocopies of the actionable document/s subjects of the claim, as
well as the affidavits of witnesses and other evidence to support the
claim. No evidence shall be allowed during the hearing which was not
attached to or submitted together with the Claim, unless good cause is
shown for the admission of additional evidence.144
D. APPEARANCE OF ATTORNEYS
No attorney shall appear in behalf of or represent a party at
the hearing, unless the attorney is the plaintiff or defendant.
If the court determines that a party cannot properly present
his/her claim or defense and needs assistance, the court may, in its
discretion, allow another individual who is not an attorney to assist
that party upon the latter's consent.145
E. FORMS
The Supreme Court has already made several templated forms
for use in Small Claims proceedings, which may be secured from the
Courts, including the following:
1. Statement of Claim
2. Verification and Certification of Non-forum Shopping, Splitting a
Cause of Action and Multiplicity of Suits
143

144
145
74
SAMPLE COMPLAINT FOR COLLECTION OF MONEY

National Capital Judicial Region
METROPOLITAN TRIAL COURT
ILOILO City
Branch _______
MELITA OSANG H. SANCHEZ

Complainants;
-versus- Case No.__________________

For COLLECTION OF SUM OF
MONEY WITH DAMAGES
ARIANNE G. SANTOS. Defendants.
x- - - - - - - - - - - - - - - - - - - - - - - - - - x
COMPLAINT FOR COLLECTION OF MONEY
PLAINTIFF, thru the undersigned Counsel, unto this Honorable Court,

respectfully alleges:
1. That Plaintiff is of legal age, Filipino, a resident of 1016 Condominium,

Luzon Avenue, Cebu Business Park, Cebu City, Philippines;
2. That Defendant, Arianne Santos, is likewise of legal age, Filipino,

President of Surigao Island Sales Corporation (SISC) with principal office
address at Hinatuan, Surigao del Sur, Philippines where summons and
court processes may be served; 3.
3. That Defendant, Surigao Island Sales Corporation (hereinafter “SISC”) is

a domestic corporation duly organized and existing under Philippine
75
laws with principal office address at Hinatuan, Surigao del Sur,
Philippines per last General Information Sheet filed with the Securities
and Exchange Commission where summons and court processes may
also be served;
4. That on February 23, 2010, the defendant, ARIANNE for brevity through
her sister Rona, affirmed and confirmed that plaintiff is a creditor of SISC
for brevity for a sum of money amounting to Twenty-five Million Four
Hundred Thousand Pesos (PhP25,400,000.00), among others, and made
an undertaking that a Promissory Note in favor of plaintiff shall be
executed to secure the latter's creditor position in SISC. This promissory
note is to be the joint obligation of SISC and the defendant; 5.
5. That in recognition of defendant’s SISC obligation in favor of the plaintiff,

the former through Rona executed a Promissory Note in favor of the
plaintiff on May 3, 2010, a copy of the promissory note is hereto
attached as Annex “A”;
6. That as shown in the promissory note, the obligation was to become due
and demandable one year from its execution and said obligation is also
to be interest-bearing at 25%per annum;
7. That after the lapse of one year from its execution, no payment was
made to the plaintiff;
8. That plaintiff sent separate letters to the defendants containing the

demand for the payment of its obligation, copies of which are hereto
attached as Annex “B”;
9. That notwithstanding plaintiff's repeated demands, both written and

verbal, defendants failed, neglected and refused to fulfill its obligations
without just and valid grounds to the continued damage and prejudice
of plaintiff, leaving no other recourse but to litigate and file this action;
76
10. That defendants have, as of this date, defaulted in the payment of
an aggregate amount of Sixty-nine Million Eight Hundred Fifty Thousand
Pesos (P69, 850,000.00);
11. That the plaintiff in order to enforce his rights and interests, has
sought the services of a legal counsel with attorney’s fees amounting to
One Hundred Thousand Pesos (PhP 4,500,000.00) and an appearance
fee of Five Thousand Pesos (PhP 5,000.00) per hearing;
12. That the plaintiff has paid for litigation expenses amounting already
to Six Million Three Hundred Twenty Thousand Pesos (PhP 6,320,000.00)
PRAYER WHEREFORE, PREMISES CONSIDERED, it is most respectfully

prayed of this Honorable Court that, after due hearing, judgment be
rendered against the defendant ordering the latter to pay the plaintiff as
follows:
1. The amount of TWENTY-FIVE MILLION FOUR HUNDRED THOUSAND

PESOS (P25,400,000.00) representing the unpaid principal obligation as
evidenced by the Promissory Note duly executed dated May 3, 2010;
2. The amount of FORTY-FOUR MILLION FOUR HUNDRED FIFTY PESOS

(P44,450,000.00) representing the interest of 25% per annum as
evidenced also by the Promissory Note duly executed dated May 3, 2010;
3. The amount of ONE MILLION PESOS (P1,000,000.00) as and by way of

moral damages; 3. The amount of ONE MILLION PESOS (P1,000,000.00)
as and by way of exemplary damages;
4. Litigation Expenses amounting to SIX MILLION THREE HUNDRED TWENTY

THOUSAND PESOS (PhP 6,320,000.00) Other reliefs just and equitable
under the premises are likewise prayed for. Cebu City, December 11,
2017.
77
RESPECTFULLY SUBMITTED. This _____ day of March 2020 in ILOILO
City.
ABDULLAH ESCANOY
Counsel for the Complainants
Cebu Business Park (Ayala), 6000, Cebu City
Roll No’s. 76430; 76431; 76432;7624
IBP No’s. 352980; 342149; 198260; 102879
All dated: March-02-05 MCLE Compliance No’s.11-02432527, 12-03045727,
13-20143817, 14-43043587
Telephone No. : (032) 253-4990,
Fax No. : (032) 254-3497
Email-address: RAVENLAW@gmail.com
78
FORM 1-SCC

_______________________________
_______________________________
__________________________,
Plaintiff, vs. Civil Case No. _______ _______ __
For: _______________________
__________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - x
STATEMENT OF CLAIM
(HABLA NG PAGSINGIL)
1. The personal circumstances of the parties are as follows:

(Ang bawat panig ay ang mga sumusunod)
_______________________ ______ ______ ____________

NAME OF PLAINTIFF/S SEX AGE CIVIL STATUS
(Pangalan ng Naghahabla) (Kasarian) (Edad) (Katayuang Sibil)
(Put a check on any of the following)
(Pumili sa mga sumusunod at lagyan ng tsek)
INDIVIDUAL CORPORATION PARTNERSHIP

(Tao/Indibidwal) (Korporasyon) (Bakasan)
COOPERATIVE SOLE PROPRIETORSHIP
(Kooperatiba) (Solong Pagmamay-ari)
79
NATURE OF BUSINESS:
(Uri ng Negosyo)
BANKING LENDING
(Bangko) (Pagpapautang)
OTHERS/PLEASE INDICATE________________________
(Iba pang uri ng negosyo)
PLAINTIFF’S HOME ADDRESS:

(Pahatirang Sulat sa Bahay ng Naghahabla)
(City) ___________________________________ ________
(Lungsod) Zip Code
(Province, if applicable)_______________________ ________
(Lalawigan, kung meron) Zip Code
Telephone No. ______________ Cellphone No._____________
(Telepono Blg.) (Selpon Blg.)
PLACE OF WORK: ___________________________________________

(Lugar ng Pinagtatrabahuan)
NAME OF PLAINTIFF’S REPRESENTATIVE:

____________________________
if applicable (must be a non-lawyer)
(Pangalan ng Kinatawan:)
(kung meron) [dapat hindi abogado]
HOME ADDRESS: (City) ________________________ ________

(Pahatirang Sulat sa Bahay) (Lungsod) Zip Code
(Province, if applicable)_________________________ ________

80
(Telepono Blg.) (Selpon Blg.) (Selpon Blg.)
PLACE OF WORK: ___________________________________________


_______________________ ______ ______ _____________

NAME OF DEFENDANT/S SEX AGE CIVIL STATUS
(Pangalan ng Hinahabla) (Kasarian) (Edad) (Katayuang Sibil)


DEFENDANT’S HOME ADDRESS:

(Pahatirang Sulat sa Bahay ng Hinahabla)
(City) ___________________________________ ________

(Lungsod) Zip Code


PLACE OF WORK: ___________________________________________


81
NAME OF DEFENDANT’S REPRESENTATIVE:
________________________________



PLACE OF WORK: ___________________________________________


If more than one (1) defendant, list next defendant here:

(Kung higit sa isa (1) ang Hinahabla, ilagay ang susunod na hinahabla
rito:)
_______________________ ______ ______ _____________
NAME OF DEFENDANT/S SEX AGE CIVIL STATUS
(Pangalan ng Hinahabla) (Kasarian) (Edad) (Katayuang Sibil)

DEFENDANT’S HOME ADDRESS:

(Pahatirang Sulat sa Bahay ng Hinahabla)
(City) ___________________________________ ________

(Lungsod) Zip Code
82

PLACE OF WORK: ___________________________________________


NAME OF DEFENDANT’S REPRESENTATIVE:

__________________________________



PLACE OF WORK: ___________________________________________


*Note: If you need more space, you can write at the back of this Form.
(*Tala: Kung kailangan mo ng karagdagang patlang, maaari mong isulat sa
likod ng Form na ito.)
83
2. Plaintiff claims the defendant owes
him/her/it P________________________.
(Ang Hinahabla ay umutang sa Naghahabla ng halagang)
(a) Why does the defendant owe plaintiff money?

(Bakit ang Hinahabla ay nagkautang ng salapi sa Naghahabla?)
____________________________________________________
___________________________________________________. (If
you need more space, please use the back page). (Kung kailangan
mo ng karagdagang patlang, maaaring gamitin ang likod ng
pahinang ito.)
(b) When did this happen?

(Kailan ito nangyari?)
Date: _______________________
(Petsa)
If no specific date, give the time period:

(Kung walang tiyak na petsa, ibigay ang tantiyang panahon)
Date started: _______________________
(Petsa nagsimula)
Through: _______________________
(Hanggang)
(c) How did you compute the money owed to you? (Do not include
court costs or fees)
___________________________________________________.
(Paano mo kinuwenta ang salaping inutang sa iyo?) [Hindi kasama
ang bayad sa pagpapatala sa hukuman.]
3. (a) Did you ask the defendant to pay you before you filed this case?
(Siningil mo ba ang Hinahabla bago ka nagsampa ng kasong ito?)
Yes No
(Oo) (Hindi)
If no, explain:
________________________________________________
(Kung hindi, ipaliwanag)
84
(b) How did you ask the defendant?
Paano mo siningil ang Hinahabla?)
In person By phone
(Sa kanya mismo) (Sa telepono)
In writing Others (please specify) ______
(Sa sulat) (Iba pa) [pakisulat kung paano]
(c) When did you do this?

_________________________________________
(Kailan mo ginawa ito?)
4. What is your proof that defendant owes you money?

________________________
(Ano ang iyong katibayan o pruweba na ang Hinahabla ay may utang na
salapi sa iyo?)
5. Did you attach your proof to this form?

(Iyo bang inilakip ang katibayan o pruweba sa Form na ito?)
Yes No
(Oo (Hindi)
6. Was this claim referred to the barangay?
(Dumaan ba sa barangay ang paniningil na ito?)
Yes No Not Covered
(Oo) (Hindi) (Hindi sakop)
State reason:
_________________________________________________
(Isulat ang dahilan)
If yes, do you have a Certificate to File Action or a Compromise
Agreement executed before the barangay? __________
(Kung oo, meron ka bang Patunay sa Pagsampa ng Kaso o Kasunduan
na isinagawa sa barangay?)
6-A. How many small claims cases have you filed within this
calendar year prior to this present case, in this court station and in
the entire country: _____
(Pang ilang kaso na itong isinampa mo sa loob ng kasalakuyang
taon sa korte na ito at sa buong bansa?)
85
7. By the filing of this action, plaintiff hereby waives any amount in excess
of P200,000.00, excluding interest and costs.
(Sa pagsampa ng kasong ito, ang Naghahabla ay isinusuko ang
anumang halaga na higit sa P200,000.00, hindi kasama ang tubo at
gastos sa pagsampa ng kasong ito.)
PRAYER
(PAGSAMO)
WHEREFORE, plaintiff respectfully prays for judgment ordering defen-

dant to pay the amount of P ____________, with interest at the rate of
_____% per annum/per month from ___________________ until fully paid.
(DAHIL DITO, ang Naghahabla ay magalang na sumasamo na igawad

ang kapasiyahang utusan ang Hinahabla na magbayad sa Naghahabla ng
halagang P_____________, pati ang tubo na ______% bawat taon/ buwan
simula _______________ hanggang ganap o lubos na mabayaran ito.)
__________________________________, ____________, 20___.
_____________________________
____.
FOR OFFICIAL USE ONLY (Para sa ______________________

Opisyal na gamit lamang) PLAINTIFF
- To be accomplished by the Branch Clerk of Court- (Naghahabla)
(Sasagutan ng Kawani ng Hukuman)
1. Cause of action
Check
Promissory Note
Contract
Oral Written
Barangay Agreement
Others (Please specify):
_________________________________.
2. _____ Barangay conciliation required. If yes,

_____ Certificate to File Action
_____ Compromise Agreement
attached.
_____ Barangay conciliation not required.
Please state the reason):
86
FORM 1-A-SCC
VERIFICATIONAND CERTIFICATIONAGAINST NON-FORUM SHOPPING, SPLITTING A

SINGLE CAUSE OF ACTION AND MULTIPLICITY OF SUITS
I,_________________________ of legal age, _________________, (name) (citizenship)

__________________, and a resident of _________________________, (civil status) (residence)
on oath, state:
1. That I am the _____________________ in the above-entitled case have caused this

_______________________________ to be prepared; that I read and understood its contents which
are true and correct of my own personal knowledge and/or based on true records;
2. That I have not commenced any action or proceeding involving the same issue or subject matter, and
specifically the same check/s in the Supreme Court, the Court of Appeals or any other tribunal or
agency, particularly before the Office of the City Prosecutor of _______________________
; that to the best of my knowledge, no such action or proceeding is pending in the Supreme Court,
the Court of Appeals or any other tribunal or agency, and that, if I should learn thereafter that a
similar action or proceeding has been filed or is pending before these courts or tribunal or agency, I
undertake to report that fact to the Court within five (5) days therefrom.
3. That the filing of this case is not in violation of the rule against splitting a single cause of action or
multiplicity of suits.
4. That I knowingly and voluntarily waive and forego the institution of any criminal complaint for
Violation of Batas Pambansa Blg. 22 against the defendant herein based on the same check/s subject
matter of this Small Claims Complaint.
IN WITNESS WHEREOF, I have hereunto set my hand this day of

______________, 20_____.
______________________
Affiant
SUBSCRIBED AND SWORN to before me this ____________ day of

______________, 20_____.
______________________
NOTARY PUBLIC
87
MODULE 8
LAWYER
CIVIL CASES
Answer (With Compulsory and /or Permissive
Counterclaim)
and
Pre-trial Brief
Contributors
FEDERIS, PATRICIA MAE
GUBAT, SITTIE NASRIYYAH
ORACION, ANDREA MAE
PAYONGAYONG, ANNA ROCHELLE
88
ANSWER (WITH COMPULSORY AND /OR PERMISSIVE COUNTERCLAIM)
I. Answer Defined
An Answer is a pleading in which a defending party sets forth his or her
defenses.146
An ANSWER may contain affirmative defenses or negative defenses.
II. Affirmative Defense
Affirmative defense is an allegation of a new matter which, while
hypothetically admitting the material allegations in the pleading of the
claimant, would nevertheless prevent or bar recovery by him or her. The
affirmative defenses include fraud, statute of limitations, release, payment,
illegality, statute of frauds, estoppel, former recovery, discharge in
bankruptcy, and any other matter by way of confession and avoidance.
Affirmative defenses may also include grounds for the dismissal of a
complaint, specifically, that the court has no jurisdiction over the subject
matter, that there is another action pending between the same parties for
the same cause, or that the action is barred by a prior judgment.147
Other Affirmative Defenses
A defendant shall raise his or her affirmative defenses in his or her answer,
which shall be limited to the reasons set forth under Section 5(b), Rule 6,
and the following grounds:
1. That the court has no jurisdiction over the person of the
defending party;
2. That venue is improperly laid;
3. That the plaintiff has no legal capacity to sue;
4. That the pleading asserting the claim states no cause of action;
and
5. That a condition precedent for filing the claim has not been
complied with.148
Failure to raise the affirmative defenses at the earliest opportunity shall
constitute a waiver thereof.149
The court shall motu proprio resolve the above affirmative defenses within
thirty (30) calendar days from the filing of the answer.150
146
147
Rules of Court, Rule 6, Sec. 5 (b)
148
149
Rules of Court, Rule 8, Sec. 12 (b)
150
Rules of Court, Rule 8, Sec. 12 (c)
89
III. Negative Defense
Negative defense is the specific denial of the material fact or facts alleged
in the pleading of the claimant essential to his or her cause or causes of
action.151
A negative defense is stated in the form of a specific denial, which may be
a/an: (a) absolute denial; (b) partial denial; or (c) denial by disavowal of
knowledge.152
IV. Counterclaim
A counterclaim is any claim which a defending party may have against an
opposing party.153
A counterclaim can either be compulsory or permissive.
A compulsory counterclaim is one which, being cognizable by the
regular courts of justice, arises out of or is connected with the
transaction or occurrence constituting the subject matter of the
opposing party's claim and does not require for its adjudication the
presence of third parties of whom the court cannot acquire
jurisdiction. Such a counterclaim must be within the jurisdiction of
the court both as to the amount and the nature thereof, except that
in an original action before the Regional Trial Court, the counter-
claim may be considered compulsory regardless of the amount. A
compulsory counterclaim not raised in the same action is barred,
unless otherwise allowed by these Rules.154
A compulsory counterclaim is any claim for money or any relief,
which a defending party may have against an opposing party, which
at the time of suit arises out of, or is necessarily connected with, the
same transaction or occurrence that is the subject matter of the
plaintiff’s complaint. It is compulsory in the sense that it is within the
jurisdiction of the court, does not require for its adjudication the
presence of third parties over whom the court cannot acquire
jurisdiction, and will be barred in the future if not set up in the
answer to the complaint in the same case. Any other counterclaim is
permissive.155
Note: Rule 7, Section 6. Contents. – Every pleading stating a party’s claims
or defenses shall, in addition to those mandated by Section 2, Rule 7, state
the following:
(a) Names of witnesses who will be presented to prove a party’s claim or
defense;
151
Rules of Court, Rule 6, Sec. 5 (a)
152
153
154
155
Buncayao v. FIPHDC, G.R. No. 170483, 19 April 2010
90
(b) Summary of the witnesses’ intended testimonies, provided that the
judicial affidavits of said witnesses shall be attached to the pleading and
form an integral part thereof. Only witnesses whose judicial affidavits are
attached to the pleading shall be presented by the parties during trial.
Except if a party presents meritorious reasons as basis for the admission of
additional witnesses, no other witness or affidavit shall be heard or
admitted by the court; and
(c) Documentary and object evidence in support of the allegations
contained in the pleading.
91
Answer with Counterclaim – SAMPLE
See attached documents below for the format and sample:
92
156 157
156
Rolando A. Suarez (2019), Legal Forms, p.269-271, REX Printing Company, Inc.
157
Rules of Court, Rule 7
93
Pre-trial Brief
I. Pre-trial
The pre-trial is mandatory and should be terminated promptly. The court
shall consider:
a) the possibility of an amicable settlement or of a submission to
alternative modes of dispute resolution;
b) The simplification of the issues;
c) The possibility of obtaining stipulations or admissions of facts and of
documents to avoid unnecessary proof;
d) The limitation of the number and identification of witnesses and the
setting of trial dates;
e) The advisability of a preliminary reference of issues to a
commissioner;
f) The propriety of rendering judgment on the pleadings, or summary
judgment, or of dismissing the action should a valid ground therefor
be found to exist;158
II. Pre-trial Brief
The parties shall file with the court and serve on the adverse party, in such
manner as shall ensure their receipt thereof at least three (3) calendar days
before the date of the pre-trial, their respective pre-trial briefs which shall
contain, among others:
1. A concise statement of the case and the reliefs prayed for;
2. A summary of admitted facts and proposed stipulation of facts;
3. The main factual and legal issues to be tried or resolved;
4. The propriety of referral of factual issues to commissioners;
5. The documents or other object evidence to be marked, stating
the purpose thereof;
6. The names of the witnesses, and the summary of their
respective testimonies; and
7. A brief statement of points of law and citation of authorities.
Failure to file pre-trial brief shall have the same effect as failure to appear
at the pre-trial.159
The failure without just cause of a party and counsel to appear during pre-
trial, despite notice, shall result in a waiver of any objections to the
158
159
94
faithfulness of the reproductions marked, or their genuineness and due
execution.160
When duly notified, the failure of the plaintiff and counsel to appear
without valid cause when so required, pursuant to the next preceding
Section, shall be cause for dismissal of the action. The dismissal shall be
with prejudice, unless otherwise ordered by the court. A similar failure on
the part of the defendant and counsel shall be cause to allow the plaintiff
to present his or her evidence ex parte within ten (10) calendar days from
termination of the pre-trial, and the court to render judgment on the basis
of the evidence offered.161
160
161
95
Pre-trial Brief – SAMPLE
See attached documents below for the format and sample:
162
162
96
MODULE 8
LAWYER
LABOR CASES
POSITION PAPER
WAIVER AND QUITCLAIM
Contributors
ARMADA, RESTINE JOY M.

DEVOMA, REYMARK Z.
MIRANDA, HANNAH KHAMIL H.
RECALDE, CAMILLE D.
97
I. INTRODUCTION
The Labor Code promotes and emphasizes the primacy of free

collective bargaining and negotiations, including voluntary arbitration,
mediation and conciliation, as modes of settling labor or industrial
disputes.163 In case these mechanisms fail or are unavailable,
compulsory arbitration is resorted to.
Compulsory arbitration starts with the filing of a complaint. Within

two days from receipt of a complaint or amended complaint, the
Labor Arbiter issues the required summons to the named parties to
require them to undergo mandatory conciliation and mediation
conference in two settings.164 If, during the conferences, the parties
fail to agree upon an amicable settlement, either in whole or in part,
the Labor Arbiter shall issue an order directing the parties to
simultaneously file their respective verified position papers, with the
supporting documents and affidavits.165 Any party may file a reply
upon receipt of the adverse party’s position paper.
Depending on the sufficiency of the position papers and the replies,

the Labor Arbiter shall motu proprio determine whether there is a
need for a formal trial or hearing. At this stage, he may, at his
discretion and for the purpose of making such determination, ask
clarificatory questions to further elicit facts or information, including
but not limited to the subpoena of relevant documentary evidence, if
any, from any party or witness.166
Alternatively, a party may desist from prosecuting his claim by

executing a waiver or a quitclaim. Waivers and quitclaims in relation to
labor cases executed by the employees releasing their employers from
future claims are generally disfavored. The reason why quitclaims are
commonly frowned upon as contrary to public policy, and why they
are held to be ineffective to bar claims for the full measure of the
workers’ legal rights, is the fact that the employer and the employee
obviously do not stand on the same footing.167
However, not all waivers and quitclaims are invalid as against public
policy. If the agreement was voluntarily entered into and represents a
reasonable settlement, it is binding on the parties and may not later
163
Article 218, P.D. No. 442 (Labor Code of the Philippines), as amended.
164
Section 3, Rule V, 2011 NLRC Rules of Procedure.
165
Section 9, Ibid.
166
Philippine Airlines, Inc. v. National Labor Relations Commission, G.R. No. 113827, July 5,
1996
167
Land and Housing Development Corporation vs. Esquillo, G.R. No. 152012, September 30,
2005
98
be disowned simply because of a change of mind. It is only where
there is clear proof that the waiver was wangled from an unsuspecting
or gullible person, or the terms of settlement are unconscionable on
its face, that the law will step in to annul the questionable
transaction.168
II. JURISDICTION
Labor Arbiters shall have original and exclusive jurisdiction to hear and
decide the following cases involving all workers, whether agricultural
or non-agricultural:
a) Unfair labor practice cases;
b) Termination disputes;
c) If accompanied with a claim for reinstatement, those cases
that workers may file involving wages, rates of pay, hours of
work and other terms and conditions of employment;
d) Claims for actual, moral, exemplary and other forms of
damages arising from employer-employee relations;
e) Cases arising from any violation of Article 264 of the Labor
Code, as amended, including questions involving the legality of
strikes and lockouts;
f) Except claims for employees compensation not included in the
next succeeding paragraph, social security, medicare, and
maternity benefits, all other claims arising from employer-
employee relations, including those of persons in domestic or
household service, involving an amount exceeding Five
Thousand Pesos (P5,000.00), whether or not accompanied with
a claim for reinstatement;
g) Wage distortion disputes in unorganized establishments not
voluntarily settled by the parties pursuant to Republic Act No.
6727;
h) Enforcement of compromise agreements when there is non-
compliance by any of the parties pursuant to Article 227 of the
Labor Code, as amended;
i) Money claims arising out of employer-employee relationship
or by virtue of any law or contract, involving Filipino workers
for overseas deployment, including claims for actual, moral,
exemplary and other forms of damages as provided by Section
10 of RA 8042, as amended by RA 10022; and
j) Other cases as may be provided by law.169
168
Bantolino v. Coca-Cola Bottlers Phils. Inc., G.R. No. 153660, June 10, 2003
169
Article 224, P.D. No. 442 (Labor Code of the Philippines), as amended.
; Section 1, Rule V, 2011 NLRC Rules of Procedure.
99
III. VENUE
All cases which Labor Arbiters have authority to hear and decide may
be filed in the Regional Arbitration Branch having jurisdiction over the
workplace of the complainant or petitioner.170
For purposes of venue, the workplace shall be understood as the place

or locality where the employee is regularly assigned at the time the
cause of action arose. It shall include the place where the employee is
supposed to report back after a temporary detail, assignment, or
travel. In case of field employees, as well as ambulant or itinerant
workers, their workplace is where they are regularly assigned, or
where they are supposed to regularly receive their salaries and wages
or work instructions from, and report the results of their assignment
to, their employers.171
Where two (2) or more Regional Arbitration Branches have jurisdiction

over the workplace of the complainant or petitioner, the Branch that
first acquired jurisdiction over the case shall exclude the others.172
When venue is not objected to before the filling of position papers

such issue shall be deemed waived.173
The venue of an action may be changed or transferred to a different

Regional Arbitration Branch other than where the complaint was filed
by written agreement of the parties or when the Commission of Labor
Arbiter before whom the case is pending so orders, upon motion by
the proper party in meritorious cases.174
Cases involving overseas Filipino workers may be filed before the

Regional Arbitration Branch having jurisdiction over the place where
the complainant resides or where the principal office of any of the
respondents is situated, at the option of the complainant.175
170
Section 1(a), paragraph 1, Rule IV, Ibid.
171
Section 1(a), paragraph 2, Ibid.
172
Section 1(b), Ibid.
173
Section 1(c), Ibid.
174
Section 1(d), Ibid.
175
Section 1(e), Ibid.
100
IV. GOVERNING LAW
Position Paper and Reply
The compulsory arbitration process before the Labor Arbiter is

governed by the 2011 NLRC Rules of Procedure otherwise
promulgated on May 31, 2011. In particular, the submission of
position paper and reply must comply with the provisions of Section
11 of said Rules.
A. Period to File
Subject to Sections 9 and 10 of this Rule, the Labor Arbiter shall

direct the parties to submit simultaneously their verified position
papers with supporting documents and affidavits, if any, on a date
set by him/her within ten (10) calendar days from the date of
termination of the mandatory conciliation and mediation
conference.176
Within ten (10) days from receipt of the position paper of the
adverse party, a reply may be filed on a date agreed upon and
during a schedule set before the Labor Arbiter. The reply shall not
allege and/or prove facts and any cause or causes of action not
referred to or included in the original or amended complaint or
petition or raised in the position paper.177
The delay in the submission of position paper is a procedural flaw,

and the admission thereof is within the discretion of the Labor
Arbiter. Well-settled is the rule that technical rules of procedure
are not binding in labor cases, for procedural lapses may be
disregarded in the interest of substantial justice, particularly where
labor matters are concerned. The failure to submit a position
paper on time is not one of the grounds for the dismissal of a
complaint in labor cases. It cannot therefore be invoked to declare
the other party as non-suited.178
B. Limitations
No amendment of the complaint or petition shall be allowed after

the filing of position papers, unless with leave of the Labor
Arbiter.179
176
Section 11(a), Ibid.
177
Section 11(d), Ibid.
178
FEM's Elegance Lodging House v. Murillo, G.R. Nos. 117442-43 (Resolution), January 11,
1995.
179
Section 11(b), Rule IV, 2011 NLRC Rules of Procedure.
101
The position papers of the parties shall cover only those claims and
causes of action stated in the complaint or amended complaint.180
Waiver and Quitclaim
Pursuant to Article 234 of the Labor Code and the Department of

Labor and Employment’s Department Order No. 107, series of 2010,
all cases falling under the administrative and quasi-judicial functions of
all DOLE offices and attached agencies including the NLRC shall be
subject to the 30-day mandatory conciliation-mediation through the
Single Entry Approach (SEnA).181 Within this period, the parties may
agree to a voluntary settlement. In such a case, the SEnA Desk Officers
(SEADO) shall reduce the agreement into writing using the SENA
Settlement Form, indicating all stipulations agreed upon by the parties.
A. Conditions
1. Where the settlement agreement involves monetary claims, the

SEADO shall endeavor to facilitate the settlement in full and
shall attach a duly accomplished waiver and quitclaim to the
settlement agreement as proof of full compliance.
2. Where the payment of monetary claims is agreed to be in

several installments or tranches, the waiver and quitclaim shall
be executed only upon payment of the last installment.
3. In case of partial settlement, only those stipulations relating to

issues settled shall be stated in the agreement while the
unresolved issues shall be referred to appropriate DOLE Office
or Agency.
4. The SEADO shall, as far as practicable, make use of the language

or dialect understood by both parties.
5. The SEADO is duty bound to explain to the parties the contents

of their settlement agreement before they sign the same.
He/she shall also sign the settlement agreement in the parties'
presence and attest the document to be the true and voluntary
act of the parties.182
180
Section 11(c), Ibid.
181
Sec. 2, DOLE Department Order No. 107, s. 2010.
182
Sec. 1, Rule V, Rules of Procedure of the Single Entry Approach (SEnA), February 25, 2011.
102
Under the 2011 NLRC Rules of Procedure, cases before the Labor
Arbiter are likewise required to undergo a mandatory conciliation
and mediation conference. Conciliation and mediation efforts shall
be exerted by the Labor Arbiters all throughout the mandatory
conferences. Any agreement entered into by the parties whether in
partial or full settlement of the dispute shall be reduced into
writing and signed by the parties and their counsel or the parties'
authorized representatives, if any.183
In any case, the compromise agreement shall be approved by the

Labor Arbiter, if after explaining to the parties, particularly to the
complainants, the terms, conditions and consequences thereof,
he/she is satisfied that they understand the agreement, that the
same was entered into freely and voluntarily by them, and that it is
not contrary to law, morals, and public policy.184
B. When to Execute Waiver and Quitclaim
The law does not limit compromises, such as the execution of

waivers and quitclaims, to cases about to be filed or to cases
already pending in court. The parties can still enter into a
compromise even if a final judgment has already been rendered or
even if the case is already in the process of execution. This is
impliedly authorized by Article 2040 of the Civil Code.185
C. Effect of Settlement
Any settlement agreement reached by the parties before the

SEADO shall be final and binding.186 The 2011 Rules of Procedure
of the NLRC likewise provide that a compromise agreement duly
entered into during the mandatory conciliation and mediation
conference shall be final and binding upon the parties and shall
have the force and effect of a judgment rendered by the Labor
Arbiter.187
Once an employee executes a quitclaim in favor of the employer,

he is thereby estopped from filing any further claim against his
employer arising from his employment.188
183
Sec. 8(b), Rule V, 2011 NLRC Rules of Procedure.
184
Sec. 8(c), Ibid.
185
Jesalva v. Bautista, G.R. Nos. 11928-11930, March 24, 1959.
186
Sec. 2, Rule V, Rules of Procedure of the Single Entry Approach (SEnA), February 25, 2011.
187
Sec. 8, Rule V, 2011 NLRC Rules of Procedure.
188
Talla v. NLRC, G.R. No. 79913. July 19, 1989.
103
If the compromise agreement is violated, the aggrieved party can
rescind the compromise and pursue his original claims or file a
motion to enforce the compromise.189
V. SUBSTANTIVE REQUIREMENTS
Position Paper
The position papers of the parties shall contain:

1. Arguments / discussion of the claims and causes of action
stated in the complaint or amended complaint,
2. Supporting documents, including the affidavits of witnesses.
Labor cases can be decided on the basis of position papers and

other documents submitted by the contending parties without
resorting to the technical rules of evidence observed in the court
of justice. Such a procedure substantially complies with the
requirements of due process.190 A trial is discretionary on the labor
arbiter.191
Waivers and quitclaims are valid and binding if the following

conditions are met:
1. The employee executes a deed of quitclaim voluntarily;

2. He has full understanding of what he was doing;
2. There is no fraud or deceit on the part of any of the parties;
3. The consideration of the quitclaim is credible and reasonable;
and
4. The contract is not contrary to law, public order, public policy,
morals or good customs, or prejudicial to a third person with a
right recognized by law.192
VI. FORMAL REQUIREMENTS
Position Paper
A. Parts of Position Paper
189
Morales v. NLRC, G.R. Nos. 100133 & 10058 (Resolution), February 6, 1995
190
Asia World Publishing House, Inc. v. Ople, G.R. No. L-56398, July 23, 1987.
191
Shoemart, Inc. v. National Labor Relations Commission, G.R. Nos. 90795-96, 91125-26,
August 13, 1993.
192
Sime Darby v. Arguilla, G.R. No. 143542, June 8, 2006; Goodrich Manufacturing Corporation
vs. Ativo, G.R. No. 188002, February 1, 2010
104
1. Caption
a. Name of the Court
b. Title of the Action
i. Names of the parties
ii. Respective participation in the case
c. Docket Number, if assigned
2. Body
a. Prefatory Statement
b. The Parties
c. Statement of the Case
d. Statement of Relevant Facts
e. Issues
f. Arguments/Discussions
g. Relief/Prayer
3. Date of the Pleading
4. Signature
a. Name of the Lawyer
b. Roll Number
c. Professional Tax Receipt Number
d. IBP Number
e. MCLE Compliance Number
f. Email Address
g. Mobile Number
5. Verification
6. Certification against Forum Shopping
7. Supporting Documents and Affidavits
8. Affidavit of Service by Personal Service/Registered Mail
B. Compliance with Efficient of Paper Use Rule
Please refer to A.M. No. 11-9-4 SC for the complete discussion on

the compliance with the Efficient Paper Use Rule, which took
effect on January 1, 2013.
NOTE: The aforementioned formal requirements apply specifically to

lawyers who appear before the Labor Arbiter or NLRC. Lawyers, as a
general rule, are the only ones allowed to represent parties-litigants in
labor proceedings. However, a non-lawyer may be allowed to appear
105
before the Labor Arbiter or NLRC only under the following
circumstances:
1) When he represents himself as party to the case; or

2) When he represents the union or members thereof.
The documents to be presented and the formalities to be complied

with by a non-lawyer are enumerated under Section 6, Rule III of the
2011 NLRC Rules of Procedure.
Compromise agreements in the form of waiver or quitclaim are

essentially contractual.193 As such, there is no prescribed form for their
valid execution. The document must simply be set forth in writing and must
comply with the requirements provided under the SEnA Rules and the 2011
NLRC Rules of Procedure as discussed above.
193
Radio Mindanao Network, Inc. v. Amurao III, G.R. No. 167225, October 22, 2014
106
Republic of the Philippines
Department of Labor and Employment
NATIONAL LABOR RELATIONS COMMISSION
National Capital Region Arbitration Branch
Quezon City
DORA REKLAMADORA,
Complainant,
-versus- NLRC-RAB Case No.

NCR-07-11054-11
For: Illegal Dismissal/Money Claims
and Damages
SWIPER CORPORATION,
Respondent.
x--------------------------------------------------------------------------------------x
POSITION PAPER
COMPLAINANT, through the undersigned counsels and to this

Honorable Office, most respectfully submits this Position Paper -
PREFATORY STATEMENT
The existence of an employer-employee relationship cannot be

avoided simply by using designations to the contrary in the employment
contract. The employment status of a person is defined and prescribed by
law and not by what the parties say it should be.
“Jurisprudence is replete with cases that recite the factors to be

considered in determining the existence of employer-employee
relationship, namely: (a) the selection and engagement of the employee; (b)
the payment of wages; (c) the power of dismissal; and (d) the employer’s
power to control the employee with respect to the means and method by
which the work is to be accomplished (Dumpit-Murillo v. Court of Appeals,
G.R. No. 164652, 8 June 2007). The most important factor involves the
control test. Under the control test, there is an employer-employee
relationship when the person for whom the services are performed
reserves the right to control not only the end achieved but also the manner
107
and means used to achieve that end.” (Leonardo v. Court of Appeals, G.R.
No. 152459, 15 June 2006)
STATEMENT OF THE CASE
This is a complaint for illegal constructive dismissal with claim for

payment of backwages, moral and exemplary damages, unpaid
commissions, separation pay and attorney’s fees.
Complainant Dora Reklamadora is an employee of respondent

SWIPER CORPORATION (herein after “Swiper” for brevity) because he was
selected and engaged by Swiper to work as their company geologist with a
monthly salary of ONE HUNDRED FIFTEEN THOUSAND FIVE HUNDRED
PESOS (Php115,500) while reserving the right to terminate the same, as
was exercised herein, albeit not made in accordance with what is
prescribed by law, while expressly providing for a detailed job requirement
clearly showing employer’s control of the employee’s conduct, not only as
to the result of the work to be done, but also as to the means and methods
to accomplish it.
Also, it is submitted that the complainant is a regular employee of

the company having been engaged to perform activities which are usually
necessary or desirable in the usual business or trade of the employer.
Undeniably, a geologist performs activities which are necessary or desirable
in the business or trade of mining.
Thus, being a regular employee of Swiper, complainant is entitled to

security of tenure and the employer cannot terminate his services except
for just or authorized causes as provided by law, and subject to the
requirements of due process.
Your Honor, herein complainant was illegally dismissed by

respondent Swiper because the termination of his employment was not
based on any just or authorized cause as provided by law and that it was
effected without observing the requirements of due process.
THE PARTIES
1. Complainant Dora Reklamadora (“Complainant”), prior to his

severance from employment worked as a company geologist of
respondent SWIPER CORPORATION with a monthly salary of ONE
HUNDRED FIFTEEN THOUSAND FIVE HUNDRED PESOS (Php115,500).
108
2. On the other hand, Respondent Swiper Corporation is a corporation
duly organized and existing under the laws of the Republic of the
Philippines with principal office at 497 President Quirino Avenue., Ext.,
Corner Zulueta St., Paco, Manila, NCR 1007.
FACTS OF THE CASE
3. Complainant, DORA REKLAMADOR was initially employed by

Respondent SWIPER through a project being conducted by SEMINCO
Selenga Mining Corporation. SEMINCO along with SOLFOTARA and
ASIAN ARC companies are all owned and managed by SWIPER
CORPORATION.
4. On March 25, 2010, complainant received an offer to work as a senior
geologist from Seminco. In the said written offer, it was specifically
provided that the complainant would work on a temporary basis as a
consultant and that he was not an employee of Seminco but an
independent contractor only. The term of the engagement supposedly
to last for six (6) months only, or from 19 April 2010 to 18 October 2010.
Complainant accepted the offer on 4 April 2012 and immediately started
work thereafter. A copy of the said written offer is hereto attached as
“ANNEX A” and made an integral part hereof.
5. The six-month period of engagement, as previously agreed upon, lapsed
without any formal contract extension, renewal or even termination.
But as an act of good faith, the complainant continued to discharge his
duties while informing the management of his availability and
willingness to work for the company on a regular basis. Otherwise, he
would be forced to seek a more permanent employment from other
companies. On 17 December 2010, complainant received a notice from
the “Office of the Project Manager” that his position has been
reclassified with a corresponding salary adjustment. The notice also
provided that “as part of the reorganization of the group structure,
effective 01 January 2011, your employment will be transferred to
Swiper Philippines, Inc. which shall serve as the management company
on top of all Solfotara and Seminco projects.” A copy of the notice is
hereto attached as “ANNEX B” and made an integral part hereof. The
notice, however, failed to mention any pronouncement as to his status
as an employee. Finally, on 3 January 2011, Swiper then sent to the
complainant a “project consultancy agreement” stating that the former
was now engaging his services as the project Geologist of Swiper
Philippines, Inc. Unlike in the initial offer to work for Seminco, the new
agreement no longer contained any provision as to the term of
engagement as well as any mention that it was for a temporary basis
only. Also omitted was the express reservation that he was not an
employee but an independent contractor only. Moreover, the “project
109
consultancy agreement” specifically provides that “this letter effectively
cancels and terminates your previous agreement”, thereby referring to
their earlier temporary engagement. Assuming he was already granted
permanent status as a company employee, complainant then signed
said “project consultancy agreement” together with a “confidentiality
and inhibition undertaking” on 11 January 2011. Said “confidentiality
and inhibition undertaking” expressly referred to the complainant as an
employee of the company. A copy of the “project consultancy
agreement” and the “confidentiality and inhibition undertaking” is
hereto attached as “ANNEX C and ANNEX D”, respectively, and made an
integral part hereof.
6. For more than a year, complainant regularly performed his assigned
tasks without issue until he was unceremoniously dismissed on 8 July
2012 without even stating any reason or cause for termination. Hence,
this complaint for illegal dismissal with a prayer for separation pay,
recovery of backwages, damages and attorney’s fees.
ISSUES
The issues to be resolved in this case are as follows:

1. Whether or not there existed an employer-employee
relationship between Swiper and the complainant;
2. Whether or not the employment relationship had been
illegally terminated;
3. Whether or not the complainant is entitled for the
recovery of the back wages;
4. Whether or not the complainant is entitled to
separation pay;
5. Whether or not the complainant is entitled to moral
and exemplary damages and attorney’s fees.
ARGUMENTS/DISCUSSION
FIRST ISSUE:
EMPLOYER-EMPLOYEE RELATIONSHIP
There was employer-employee relationship between respondent

Swiper and the complainant. Simply put, Ms. Dora Reklamadora was an
employee of Swiper.
The existence of employer-employee relationship is determined by

four elements, namely: (1) the selection and engagement of the employee;
(2) the payment of wages; (3) the power of dismissal; and (4) the power to
110
control employees' conduct. From a reading of the provisions of the
“project consultancy agreement” and the accompanying “confidentiality
and inhibition undertaking”, the concurrence of these four elements on
Swiper will easily be noted.
On the first factor, Swiper undeniably engaged the services of the

complainant as Project Geologist of their company effective 01 January
2011;
On the second factor, complainant was compensated with a monthly
salary of ONE HUNDRED FIFTEEN THOUSAND FIVE HUNDRED PESOS
(Php115,500) and paid on a semi-monthly basis;
On the third factor, it was provided that any violation of the terms
and conditions of employment shall constitute a ground for termination.
Finally, on the fourth factor which is the control test, the fact that the
respondent provides for a detailed job requirement, which may be revised,
expanded and/or modified from time to time in accordance with the
changing requirements of the company as well as the express provision
that the complainant shall report to the Geology Manager or any other
designated immediate superior is sufficient indication that it exercises
control over the complainant not only as to the result of the work to be
done but also with respect to the means and methods by which the work is
to be accomplished. More concretely, respondent’s power of control is
demonstrated by the following, to wit: (1) the complainant was required to
work on a regular 8 hour working day from Monday to Saturday with one
day rest day to be determined by the company. (2) the complainant was
included in the company’s three weeks on and one week off monthly
schedule for employees (3) the complainant was required to work even on
holidays if it falls within his three weeks on work period (4) the company
assigned and relocated the complainant to different project sites at their
discretion. (5) the complainant was included in the company payroll.
All four factors herein expressly embodied in either the “project

consultancy agreement” or the “confidentiality and inhibition undertaking”,
both documents of which were unilaterally prepared by the respondents
themselves.
Thus, the only plausible conclusion that may be derived at from the
circumstances above discussed is that complainant Nabus is an employee of
Swiper.
111
SECOND ISSUE:
ILLEGAL DISMISSAL
As clearly supported by the provisions of Article 279 in relation to

Article 280 of our Labor Code, The complainant was illegally terminated. To
wit:
ARTICLE 279. Security of tenure. – In cases of regular employment,
the employer shall not terminate the services of an employee except
for a just cause or when authorized by this Title.
XXXXXXX
ARTICLE 280. Regular and casual employment. – The provisions of

written agreement to the contrary notwithstanding and regardless of
the oral agreement of the parties, an employment shall be deemed to
be regular where the employee has been engaged to perform
activities which are usually necessary or desirable in the usual
business or trade of the employer, except where the employment has
been fixed for a specific project or undertaking the completion or
termination of which has been determined at the time of the
engagement of the employee or where the work or service to be
performed is seasonal in nature and the employment is for the
duration of the season.
As earlier discussed above, the complainant is an employee of Swiper

having meritoriously passed the criteria of the four-fold test in determining
the existence of employer-employee relationship. It now bears significance
to discuss complainant’s status as an employee to determine the extent of
statutory provisions applicable to him.
It is submitted that the complainant is a regular employee as defined

under Article 280 of the Labor Code. As a Geologist in a mining and
exploration company, it is undeniable that he was engaged to perform
activities which are usually necessary or desirable in the usual business or
trade of the employer. The proviso under the said Article pertaining to fixed
or specific projects do not apply by virtue of the express stipulation in the
“project consultancy agreement” that he may be reassigned to other
existing projects as well as similar projects in the future:
“The Company hereby assigns you to its Taysan Copper Project at

Taysan, Batangas. You acknowledge that the Company has several existing
projects and may acquire similar projects in the future. Hence, you agree
that the Company reserves the right to relocate you to any other project
112
sites depending on work requirements” (page 1, paragraph 5, project
consultancy agreement)
Article 279 of the Labor Code provides that a regular employee may
not be terminated from his services except for a just or authorized cause.
This is further amplified by Section 1 (c), Rule XXIII, Book V of the Omnibus
Rules Implementing the Labor Code which states:
Section 1. Security of tenure. — (a) In cases of regular employment,

the employer shall not terminate the services of an employee except
for just or authorized causes as provided by law, and subject to the
requirements of due process.
xxxx
The inclusion of the phrase “and subject to the requirements of due

process” denotes that despite of the existence of a valid or authorized
cause, the termination of an employee is still subject to the observance of
procedural due process. When the Labor Code speaks of procedural due
process, the reference is usually to the two (2)-written notice rule
envisaged in Section 2 (III), Rule XXIII, Book V of the Omnibus Rules
Implementing the Labor Code, which provides:
Section 2. Standard of due process: requirements of notice. — In all

cases of termination of employment, the following standards of due
process shall be substantially observed.
I. For termination of employment based on just causes as defined in

Article 282 of the Code:
(a) A written notice served on the employee specifying the ground or
grounds for termination, and giving to said employee reasonable
opportunity within which to explain his side;
(b) A hearing or conference during which the employee concerned,

with the assistance of counsel if the employee so desires, is given
opportunity to respond to the charge, present his evidence or rebut
the evidence presented against him; and
(c) A written notice [of] termination served on the employee

indicating that upon due consideration of all the circumstance,
grounds have been established to justify his termination.
113
In case of termination, the foregoing notices shall be served on the
employee’s last known address.
MGG Marine Services, Inc. v. NLRC (G.R. No. 114313, July 29, 1996)
described the mechanics of what may be considered a two-part due
process requirement which includes the two-notice rule; first, of the
intention to dismiss, indicating therein his acts or omissions complained
against, and second, notice of the decision to dismiss; and an opportunity
to answer and rebut the charges against him, in between such notices.
King of Kings Transport, Inc. v. Mamac (G.R. No. 166208, June 29,
2007) expounded on this procedural requirement in this manner:
“(1) The first written notice to be served on the employees should

contain the specific causes or grounds for termination against them,
and a directive that the employees are given the opportunity to
submit their written explanation within a reasonable period.
“Reasonable opportunity” under the Omnibus Rules means every
kind of assistance that management must accord to the employees
to enable them to prepare adequately for their defense. This should
be construed as a period of at least five calendar days from receipt of
the notice. Moreover, in order to enable the employees to
intelligently prepare their explanation and defenses, the notice
should contain a detailed narration of the facts and circumstances
that will serve as basis for the charge against the employees. A
general description of the charge will not suffice. Lastly, the notice
should specifically mention which company rules, if any, are violated
and/or which among the grounds under Art. 288 of the Labor Code is
being charged against the employees
(2) After serving the first notice, the employees should schedule and
conduct a hearing or conference wherein the employees will be given
the opportunity to (1) explain and clarify their defenses to the charge
against them; (2) present evidence in support of their defenses; and
(3) rebut the evidence presented against them by the management.
During the hearing or conference, the employees are given the
chance to defend themselves personally, with the assistance of a
representative or counsel of their choice.
(3) After determining that termination is justified, the employer shall

serve the employees a written notice of termination indicating that:
(1) all the circumstances involving the charge against the employees
114
have been considered; and (2) grounds have been established to
justify the severance of their employment. “
Here, the first and second notice requirements have not been
properly observed, thus tainting petitioner’s dismissal with illegality. The
lone notice given to the respondent simply informed him that the company
was already terminating his services without even the decency of providing
for a reason. The letter of termination provides:
Dear Ms. Reklamadora,
We refer to our engagement of your services as Project Geologist of

SWIPER Philippines, Inc. We regret to inform you that we are
terminating your consultancy services effective 8 July 2012. We
thank you for the past services you have rendered to the company
and we wish you good luck on your future endeavor.
A copy of the termination letter is hereto attached as “ANNEX E” and

made an integral part hereof.
Clearly, the termination of complainant Reklamadora was done in a

whimsical and capricious manner as he was not given any
opportunity to be heard nor was, he informed of the cause of his
dismissal. Thus, absent any just or authorized cause as well as failure
to comply with due process, it is respectfully submitted that the
complainant was illegally dismissed.
THIRD ISSUE AND FOURTH ISSUE:

ENTITLEMENT TO BACKWAGES AND SEPARATION PAY
It is well-settled that when a person is illegally dismissed, he is

entitled to reinstatement without loss of seniority rights and other
privileges and to his full back wages. In the event, however, that
reinstatement is no longer feasible, or if the employee decides not be
reinstated, the employer shall pay him separation pay in lieu of
reinstatement. In sum, an illegally dismissed employee is entitled to: (1)
either reinstatement if viable or separation pay if reinstatement is no
longer viable, AND (2) back wages.
Thus, Complainant is therefore entitled to backwages reckoned from

the time he was illegally dismissed on 8 July 2012, with a ONE HUNDRED
FIFTEEN THOUSAND FIVE HUNDRED PESOS (Php115,500) monthly salary,
115
until the finality of the Decision. This disposition hews with the Court’s
ensuing holding in Javellana v. Belen G.R. No. 181913:
“Article 279 of the Labor Code, as amended by Section 34 of Republic

Act 6715 instructs:
Art. 279.
XXXXXXXXX
An employee who is unjustly dismissed from work shall be
entitled to reinstatement without loss of seniority rights and
other privileges and to his full backwages, inclusive of
allowances, and to his other benefits or their monetary
equivalent computed from the time his compensation was
withheld from him up to the time of his actual reinstatement.
Clearly, the law intends the award of backwages and similar

benefits to accumulate past the date of the Labor Arbiter’s
decision until the dismissed employee is actually reinstated. But
if, as in this case, reinstatement is no longer possible, this Court
has consistently ruled that backwages shall be computed from
the time of illegal dismissal until the date the decision becomes
final.”
Additionally, complainant is entitled to separation pay in lieu of

reinstatement on the ground that reinstatement is no longer feasible as
Swiper has ceased its operations and is now in the process of dissolution
and winding up its affairs.
Following the pronouncements of the Supreme Court in Sagales v.

Rustan’s Commercial Corporation (G.R. No. 166554), the computation of
separation pay in lieu of reinstatement includes the period for which
backwages is awarded:
“Thus, in lieu of reinstatement, it is but proper to award petitioner

separation pay computed at one-month salary for every year of
service, a fraction of at least six (6) months considered as one whole
year. In the computation of separation pay, the period where
backwages are awarded must be included.”
116
FIFTH ISSUE:
ENTITLEMENT TO MORAL AND EXEMPLARY DAMAGES AND ATTORNEY’S
FEES
The complainant is entitled to moral and exemplary damages as well

as attorney’s fees.
Moral damages are recoverable when the dismissal of an employee is

attended by bad faith or constitutes an act oppressive to labor or is done in
a manner contrary to morals, good customs or public policy (Nueva Ecija I
Electric Cooperative, Inc. v. NLRC, 380 Phil. 44, January 24, 2000). Awards
for moral and exemplary damages would be proper if the employee was
harassed and arbitrarily dismissed by the employer (Cruz v. NLRC, 381 Phil.
775, February 7, 2000 (cited in Asia Pacific Chartering (Phils.), Inc. v. Farolan,
441 Phil. 776, December 4, 2002).
Your Honor, the complainant’s dismissal was evidently made in bad

faith as it was done arbitrarily with utter disregard of the complainant’s
right to due process. As a proximate result of his dismissal, complainant
suffered and continues to suffer mental anguish, fright, serious anxiety,
besmirched reputation, wounded feelings, moral shock and social
humiliation. His standing in the Geologic community as well as mining
industry has been adversely affected by his dismissal. Prospects for
employment with other entities are now uncertain owing to the misleading
account of his dismissal.
Respondents likewise acted in a wanton, oppressive or malevolent

manner in terminating complainant’s employment and are therefore liable
for exemplary damages. This should serve as protection to other employees
of the company, and by way of example or correction for the public good so
that persons similarly minded would be deterred from committing the
same acts.
Complainant is also entitled to the amount of ten (10) percent of the whole
award to serve as attorney’s fees as he was compelled to seek the
assistance of counsel to assist him in this case, with a fee.
PRAYER
WHEREFORE, With Greatest respect, it is prayed for to the Honorable

Commission that complainant be declared illegally dismissed and order
respondents to pay severance pay with full backwages from the time of
117
their dismissal until the final resolution of this case and to pay complainant
his claims for damages as well as attorney’s fees.
Other reliefs just and equitable under the foregoing premises are
likewise prayed for.
This 25th day of February, 2013 at Baguio City, Philippines.
SAKALAM LAW OFFICE

Counsel for Complainant
Unit 910 Antel Global Corporate Center
No. 3 Doña Julia Vargas Avenue, Ortigas CBD, Pasig City
Tel Nos. 782-42-97 / 687-5363 Mobile Nos. 0918-9115853
Email Add. sincerelyyours@rocketmail.com
By:
ATTY. MONKEY THE BOOTS
PTR Nr 10113456;01.04.11; Las Pinas
IBP Lifetime Member Nr 01904
Roll Nr39314
MCLE Compliance Nr IV- 0002307; 08.03.19
COPY FURNISHED:
Swiper Corporation
Respondent
497 President Quirino Avenue., Ext., Corner Zulueta St., Paco,
Manila, NCR 1007
118
REPUBLIC OF THE PHILIPPINES)
DONE: IN THE CITY OF QUEZON CITY) S.S.
x---------------------------------------------x
VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING
I, DORA REKLAMADORA, of legal age, married, Filipino citizen, and with

residence and postal address at No. 77 Moyot Gumatdang, Itogon, Quezon
City, Philippines, hereby depose and state that:
1. I am the Complainant in the above-entitled case;
2. That I have caused the preparation of the foregoing;
3. That I have read and understood all the allegations therein and
the same are true to my own personal knowledge;
4. That I hereby certify that I have not commenced any other action
of the same issue before any court, tribunal or agency and that to
the best of my knowledge, no such action or proceeding is
pending before any other court, tribunal or agency. If it would
come to my knowledge that an action involving the same issue is
pending, I will inform the Tribunal within five (5) days from
knowledge thereof in accordance with existing rules of
procedures.
IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of

February 2013 in Quezon City, Philippines.
DORA REKLAMADORA
Affiant
CRN-0111-1132676-6
119
SUBSCRIBED AND SWORN to before me this 25th day of February in the
Quezon City, Philippines. Affiant exhibited to me his valid identification as
indicated below his name above.
(Sgd). ATTY. DIEGO ESPAÑOL

Notary Public for Taguig City
Appointment No. 123
Until December 31, 2021
Roll No. 12345; 4/20/06
IBP No. 13425/Jan. 1, 2015/City of Manila
PTR No. 21314/Jan 1, 2015/City of Manila
MCLE No. I - 001234; 9/09/2019
Doc. No. 22;

Page No. 33;
Book No. V;
Series of 2021.
120
REPUBLIC OF THE PHILIPPINES )
CITY OF PASIG ) S.S.
x---------------------------------------------x
AFFIDAVIT OF SERVICE BY REGISTERED MAIL
I, JUAN LUNA, of legal age, Filipino, single and a resident of 123

Andres Bonifacio St., Pasig City, Metro Manila, after having been duly
sworn to in accordance with law, depose and state:
1. That I am employed as a messenger of Atty. Monkey the Boots with

office address at 123 Gregorio del Pilar St., Bagong Ilog, Pasig City;
2. That on March 12, 2013, I served a copies of the following

pleading/paper by registered mail in accordance with Sections 3, 4, 5, 10 of
Rule 13 of the Rules of Court:
Nature of Pleading/Paper:
POSITION PAPER
in NLRC SRAB CASE NO.VI-07-50193-15 entitled " Dora Reklamadora,

Complainant, vs. Swiper Corporation, Respondent" by depositing a copy in
the post office in a sealed envelope, plainly addressed to the defendant's
lawyer at his office with postage fully paid, as evidenced by Registry Receipt
No. 1111 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 12th day of

March 2013 in Pasig City, Philippines.
JUAN LUNA
Affiant
Voter's ID No. 5555
SUBCRIBED AND SWORN TO before me this 12th day of March 2013 in

Pasig City, Philippines, affiant exhibiting to me his valid proof of
identification.
Doc. No. 25;

Page No. 36;
Book No. 24
Series of 2013.
121
(Republic of the Philippines)
(City of Taguig ) s.s.
x ------------------------------x
WAIVER, RELEASE AND QUITCLAIM
I, DORA REKLAMADORA, Filipino, of legal age, single, and a resident of

TAGUIG CITY, Philippines, after being sworn to in accordance with law,
depose and state:
1. That by these presents, I hereby state that I have voluntarily resigned as

Geographic Engineer;
2. That I hereby acknowledge to have received from my employer the sum

of One Hundred Thousand Pesos(P100,000) which is in full and final
satisfaction of my salary and other benefits that may be due me for the
service which I have rendered for the latter employer;
3. That I hereby declare that I have no further claims whatsoever against

my employer, its President, members of the Board, officers or any of its
staff and that I hereby release and forever discharge all of them from
any and all claims, demands, cause of action of whatever nature arising
out of my employment with the latter;
4. I further agree that this WAIVER, RELEASE AND QUITCLAIM may be

pleaded in bar to any suit or proceeding (Civil, SSS, PhilHealth, Medicare,
Labor, etc.) to which either I, or my heirs and assigns, may have against
my employer in connection with my employment with the latter and
that the payment which I have received as provided herein should not in
any way be construed as an admission of liability on the part of my
employer and is voluntarily accepted by me and will, if need be, serve as
full and final settlement of any amount(s) due me or any claims or cause
of action, either past, present, future, which I may have in connection
with my employment with my employer;
5. As such, I finally make manifest that I have no further claim(s) or cause

of action against my employer nor against any person(s) connected with
the administration and operation of the latter and forever release the
latter from any and all liability.
IN WITNESS WHEREOF, I have hereunto set my hand this 20th of June 2021
at Taguig, Philippines.
122
AFFIANT
I hereby affirm that I have understood the contents of this instrument and I
have executed the same out of my own voluntary free will, without force,
intimidation or violence upon my person.
IN WITNESS WHEREOF, we have hereunto set our hands this

_________________________ at _______________, Philippines.
(Sgd.)
DORA REKLAMADORA
Affiant’s signature above printed name
Valid ID/Passport No.: EB12345

Issued on/Valid until: June 30, 2018
Issued at: DFA Manila
SUBSCRIBED AND SWORN to before me this 14th day of June, 2021, in

the City of Taguig, Philippines, by affiant having exhibited to me his/her
competent evidence of identity indicated above.
(Sgd). ATTY. DIEGO ESPAÑOL

Notary Public for Taguig City
Appointment No. 123
Until December 31, 2021
Roll No. 12345; 4/20/06
IBP No. 13425/Jan. 1, 2015/City of Manila
PTR No. 21314/Jan 1, 2015/City of Manila
MCLE No. I - 001234; 9/09/2019
Doc. No. 22;

Page No. 33;
Book No. V;
Series of 2021.
123

Final Report Paper For Modules 6-8: San Beda University College of Law

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Final Report Paper For Modules 6-8: San Beda University College of Law

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SAN BEDA UNIVERSITY

FINAL REPORT PAPER

In Partial Fulfillment of the

For the entirety of Module 7 (Efficient Use of Paper Rule)

By the contract of agency a person binds himself to render some service or

Agency is a fiduciary relationship which implies a power in an agent to

In general, there are no formal requirements governing the appointment of

II. Special Power of Attorney (SPA)

(1) To make such payments as are not usually considered as acts of

(2) To effect novations which put an end to obligations already in existence

(3) To compromise, to submit questions to arbitration, to renounce the

(4) To waive any obligation gratuitously;

(5) To enter into any contract by which the ownership of an immovable is

(9) To bind the principal to render some service without compensation;

(10) To bind the principal in a contract of partnership;

(12) To create or convey real rights over immovable property;

(13) To accept or repudiate an inheritance;

(14) To ratify or recognize obligations contracted before the agency;

(15) Any other act of strict dominion.8

A power of attorney is valid although no notary public intervened in its

The special power of attorney can be included in a general power of

A special power to sell excludes the power to mortgage; and a special

An agency couched in general terms comprises only acts of administration,

An agency couched in general terms may be a general agency or a special

Whether the instrument be denominated as “general power of attorney” or

Acts of administration are those which do not imply the authority to

An agency is either general or special. The former comprises all the

IV. Revocation of Power of Attorney

(1) By its revocation;

(2) By the withdrawal of the agent;

(4) By the dissolution of the firm or corporation which entrusted or

(5) By the accomplishment of the object or purpose of the agency;

Agency is extinguished by its revocation, among others.27 Generally, a

Notice of the revocation in a newspaper of general circulation is a sufficient

(A) That the agency is coupled with an interest.

C. Revocation of agency by principal

Moreover, confidence being the cardinal basis of the relation, it stands to

D. Return of document evidencing agency

To third persons.—revocation of an agency becomes operative as to the

KNOWN ALL MEN BY THESE PRESENTS:

I, ________________________,of legal age, single (or married to

of which I am the registered owner as evidenced by Transfer (or Original)

HEREBY GIVING AND GRANTING unto my said attorney full powers

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

KNOWN ALL MEN BY THESE PRESENTS:

I ________________, of legal age, single/married, resident of

To make, sign, execute, and deliver contracts, documents,

To delegate in whole or in part any or all of the powers herein

HEREBY GIVING AND GRANTING unto my said attorney full power

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

KNOWN ALL MEN BY THESE PRESENTS:

WHEREAS, I, _________________, of legal age, married, resident of

WHEREAS, the said public instrument or Power of Attorney was duly

NOW, THEREFORE, I, _________________________ by virtue of

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

EFFICIENT USE OF PAPER RULE

Whereas, there is a need to cut the judicial system’s use excessive

III. FORMAT AND STYLE

Figure 2. Readable Font Style

IV. MARGINS AND PRINTS

Figure 6. Page Number

b. In the Court of Appeals and the Sandiganbayan, one original