Legal Forms and Practical Exercises by Prof. Estaniel

Legal Forms and Practical Exercises

Atty. Estaniel

Kinds of Cases Civil action. A civil action is one by which a party sues another for

the enforcement or protection of a right, or the prevention or redress of a wrong. (Rule 1, Section 3a, Rules of Court)

A civil action may either be ordinary or special. Both are governed by the rules for ordinary civil actions, subject to the specific rules prescribed for a special civil action. (Rule 1, Section 3b, Rules of Court)

Criminal action. A criminal action is one by which the State prosecutes a person for an act or omission punishable by law. (Rule 1, Section 3c, Rules of Court)

Special proceeding. A special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact. (Rule 1, Section 3d, Rules of Court)

Civil Case

Civil Action – A civil action is commenced by the filing of the original complaint in court. If an additional defendant is impleaded in a later pleading, the action is commenced with regard to him on the date of the filing of such later pleading, irrespective of whether the motion for its admission, if necessary, is denied by the court. (Rule 1, Section 5, Rules of Court)

Rules of Court

Jurisdiction

Where the causes of action are between the same parties but pertain to different venues or jurisdictions, the joinder may be allowed in the Regional Trial Court provided one of the causes of action falls within the jurisdiction of said court and the venue lies therein (Section 5, Rule 2)

VenueReal actions are commenced and tried in the proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof, is situated. (Section 1, Rule 4)

Action to quiet title Disputes over land – boundary disputes

Personal actions are commenced and tried: Where the plaintiff or any of the principal plaintiffs

resides, or Where the defendant or any of the principal

defendants resides, or If a non-resident defendant, where he may be found,

at the election of the plaintiff. (Section 2, Rule 4)

Collection of a sum of money Acknowledgment / Filiation

Venue

Personal actions are commenced and tried: If any of the defendants does not reside and is not

found in the Philippines, and the action affects the personal status of the plaintiff, or any property of said defendant located in the Philippines, the action may be commenced and tried in the court of the place where the plaintiff resides, or where the property or any portion thereof is situated or found. (Section 3, Rule 4)

Venue

Parties to a Civil Action (Rules of Court) Who can be a party to a civil action?

Natural persons (Rule 3, Section 1) Juridical persons (Rule 3, Section 1) Entities authorized by law may be parties in a civil

action. (Section 1, Rule 3) “Plaintiff” may refer to the claiming party, the

counter-claimant, the cross-claimant, or the third (fourth etc.)—party plaintiff. (Section 1, Rule 3)

“Defendant” may refer to the original defending party, the defendant in a counterclaim, the cross-defendant, or the third (fourth, etc.)—party defendant. (Section 1, Rule 3)

Parties to a Civil Action (Rules of Court) Civil cases are prosecuted for or in behalf of the real party in

interest, unless otherwise authorized by law or the Rules. (Section 2, Rule 3)

Parties to a Civil Action (Rules of Court) In behalf of others,

Include the beneficiary (real party in interest) in the title of the case. (Section 3, Rule 3)

Guardian, an executor or administrator Agent acting in his own name and for the benefit of an

undisclosed principal, except when the contract involves things belonging to the principal. (Section 3, Rule 3)

Father, mother, guardian / guardian an litem on behalf of the minor or incompetent person. (Section 5, Rule 3)

Spouses. Husband and wife shall sue or be sued jointly, except as provided by law. (Section 4, Rule 3)

Parties to a Civil Action (Rules of Court) Real parties in interest are those who:

Stands benefit or be injured by the judgment in the suit, (Section 2, Rule 3)

Party entitled to the avails of the suit. (Section 2, Rule 3)

Indispensable parties are those without whom no final determination can be had. They must be included as parties to the case. (Section 7, Rule 3)

Permissive parties are all persons who have a right to relief in the same transaction or series of transactions, whether jointly, severally, or in the alternative.

Common questions of law or fact to all such plaintiffs or to all such defendants may arise in the action

Court may make such to prevent any plaintiff or defendant from being embarrassed or put to expense in connection with any proceedings in which he may have no interest. (Section 6, Rule 3)

Parties to a Civil Action (Rules of Court) Necessary parties are those who ought to be joined as a party

if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action. (Section 8, Rule 3).

Allowable actions by the Court: Proceed even without including necessary parties. The

judgement rendered is without prejudice to the rights of the necessary party. (Section 9, Rule 3)

Order the inclusion in the case of a necessary party, whenever meritorious. The failure to comply with the order for his inclusion, without justifiable cause, shall be deemed a waiver of the claim against such party. The motion for inclusion must state the name and reason for the non-inclusion. (Section 9, Rule 3)

Parties to a civil action:

Albert married Christine in the city hall of Manila. They had a daughter, Stella. Albert fathered a son with Wanda, his secretary of 20 years, whom Wanda named Joey, born on 20 September 1981. Albert died on 13 August 1993 while Christine died on 3 December 1993, leaving Stella as their sole heir, and holder of the estate of her father and mother. Stella resides in Makati, while Wanda resides in Cainta. Bulk of Albert’s estate is in Makati Since Albert inherited from his parents, his estate includes properties in Cebu and Davao. Wanda wants to file a petition to declare Joey as an acknowledged illegitimate son of Albert.

Where is the proper venue? Who is the petitioner?

Parties to a Civil Action (Rules of Court)

When the presence of parties other than those to the original action is required for the granting of complete relief in the determination of a counterclaim or cross-claim, the court shall order them to be brought in as defendants, if jurisdiction over them can be obtained. (Section 12, Rule 6)

Misjoinder and non-joinder of parties are not grounds for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or on its own initiative at any stage of the action and on such terms as are just. Any claim against a misjoined party may be severed and proceeded with separately. (Section 11, Rule 3)


Class suit is one where the subject matter of the controversy is of common or general interest to many persons so numerous that it is impracticable to join all as parties. A number of them which the court finds to be sufficiently numerous and representative as to fully protect the interests of all concerned may sue or defend for the benefit of all. (Section 12, Rule 3)

If the plaintiff is uncertain against who of several persons he is entitled to relief, he may join any or all of them as defendants in the alternative, even if the right to relief against one may be inconsistent with a right of relief against the other. (Section 13, Rule 3)


If the identity or name of a defendant is unknown, he may be sued as the unknown owner, heir, devisee, or by such other designation as the case may require; when his identity or true name is discovered, the pleading must be amended accordingly. (Section 14, Rule 3)

If defendants are two or more persons not organized as an entity with juridical personality enter into a transaction, they may be sued under the name by which they are generally or commonly known. In the answer of such defendant the names and addresses of the persons composing said entity must all be revealed. (Section 15, Rule 3)


Indigents may litigate their cause of action after the court is satisfied that the party has no money or property sufficient and available for food, shelter and basic necessities for himself and his family. Any adverse party may contest the grant of such authority at any time before judgment is rendered by the trial court. (Section 21, Rule 3)

If a party refuses to join as a co-plaintiff, he can be named as a defendant and the reasons for this should be stated in the complaint. (Section 10, Rule 3)


Change in circumstances of the parties during litigation Death of the party

Whenever a party to a pending action dies, and the claim is not thereby extinguished, counsel must inform the court of that fact and give the name and address of his legal representative or representatives. (Section 16, Rule 3, Rules of Court).

Parties now are the Heirs of the deceased Court-appointed guardian ad litem for the minor

heirs. Executor/administrator nominated by the opposing

party. (Section 16, Rule 3, Rules of Court) If the party is a public offer in his official capacity and he

ceases to hold office, the action may continue against his successor.

Change in circumstances of the parties during litigation Incompetency or incapacity of the party

If a party becomes incompetent or incapacitated during litigation, the legal guardian / guardian ad litem may represent the party. (Section 18, Rule 3)

In case of any transfer of interest, the original party remains unless the court directs the transferee to be substituted in the action, or joined in the action with the original party. (Section 19, Rule 3)


Every ordinary civil action must be based on a cause of action (Rule 2, Section 1)

A cause of action is the act or omission by which a party violates a right of another. (Rule 2, Section 2) Example: Breach of contract, negligence Elements of a cause of action in case of breach of contract:

There was a valid contract. The plaintiff performed as specified by the contract. The defendant failed to perform as specified by the

contract. The plaintiff suffered an economic loss as a result of the defendant's breach of contract

Basis for the Complaint (Rules of Court)

http://www.nolo.com/definition.cfm/term/C7AAE585-A77F-427D-93BD818074D23699

A party may not institute more than one suit for a single cause of action. (Rule 2, Section 3, Rules of Court)

If two or more suits are instituted on the basis of the same cause of action, the filing of one or a judgment upon the merits in any one is available as a ground for the dismissal of the others. (Rule 2, Section 4, Rules of Court)

General Guidelines (Rules of Court)

Exception: Joinder of actions A party may in one pleading assert, in the alternative or

otherwise, as many causes of action as he may have against an opposing party, subject to the following conditions: The party joining the causes of action shall comply with the

rules on joinder of parties and shall not include special civil actions or actions governed by special rules;

Where the causes of action are between the same parties but pertain to different venues or jurisdictions, the joinder may be allowed in the Regional Trial Court provided one of the causes of action falls within the jurisdiction of said court and the venue lies therein;


Exception: Joinder of actions A party may in one pleading assert, in the alternative or otherwise,

as many causes of action as he may have against an opposing party, subject to the following conditions: Where the claims in all the causes of action are principally for

recovery of money, the aggregate amount claimed shall be the test of jurisdiction. (Rule 2, Section 5,)

Effect of a misjoinder Misjoinder of causes of action is not a ground for dismissal of

an action. A misjoined cause of action may, on motion of a party or on the initiative of the court, be severed and proceeded with separately. (Rule 2, Section 6)


A criminal action is one by which the State prosecutes a person for an act or omission punishable by law. (Rule 1, Section 3c, Rules of Court)

Criminal Case

Venue (Section 15, Rule 110) Criminal action is instituted and tried in the municipality or

territory where the offense was committed or where any of its essential ingredients occurred.

Where offense is committed in a train, aircraft, or other public or private vehicle in the course of its trip, the criminal action shall be instituted and tried in the court of any municipality or territory where such train, aircraft, or other vehicle passed during its trip, including the place of its departure and arrival.

Where the offense is committed on board a vessel in the course of its voyage, the criminal action shall be instituted and tried in the court of the first port of entry or of any municipality or territory where the vessel passed during such voyage, subject to the generally accepted principles of international law.

Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code shall be cognizable by the court where the criminal action is first filed.

Venue (Rules of Court)

The People of the Philippines (Section 2, Rule 110). People is represented by the prosecutor or by the offended party, any peace officer, or public officer charged with the enforcement of the law violated may prosecute the case in case the prosecutor is not available. (Section 5, Rule 110)

All persons who appear to be responsible for the offense involved. (Section 2, Rule 110) Except: (Section 5, Rule 110)

Offenders who have been pardoned (adultery and concubinage)

Offenders who have been expressly pardoned by the offended party (offenses of seduction, abduction and acts of lasciviousness)

The offended party may intervene by counsel in the prosecution of the offense where the civil action to recover civil liability is instituted in the criminal action. (Section 5, Rule 110)

Parties (Rules of Court)

Violation of the penal code

Contained in an information in writing charging a person with an offense, subscribed by the prosecutor and filed with the court. (Section 4, Rule 110)

Basis (Rules of Court)

Pleadings

Pleadings Pleadings are the written statements of the respective claims

and defenses of the parties submitted to the court for appropriate judgment. (Section 1, Rule 6). Kinds of pleadings are complaint, counterclaim, cross-

claim, third (fourth, etc.), party complaint, or complaint-in-intervention. (Section 2, Rule 6)

Complaint Alleges the plaintiff’s cause or causes of action. Contains the names and residences of the plaintiff and

defendant must (Section 3, Rule 6, Rules of Court)

Answer Defending party sets fourth his defenses. (Section 4, Rule 6)

The defenses of a party are alleged in the answer to the pleading asserting a claim against him. An answer may be responded to by a reply.

Pleadings A cross-claim

Any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein.

Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant. (Section 8, Rule 6, Rules of Court)

A counterclaim may be asserted against an original counter-claimant. A cross-claim may also be filed against an original cross-claimant. (Section 9, Rule 6, Rules of Court)

Pleadings Defenses may either be

negative (specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action)

affirmative (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.

Such as 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). (Section 5, Rule 6)

Pleadings Counterclaim is any claim which a defending party may have

against an opposing party. (Section 6, Rule 6)

Compulsory counterclaim Arises or is connected with the transaction or occurrence

constituting the subject matter of the opposing party’s claim.

It does not require the presence of third parties of whom the court cannot acquire jurisdiction in order to obtain a complete judgement.

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 counterclaim may be considered compulsory regardless of the amount. (Section 7, Rule 6)

Pleadings Reply

Purpose is to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters.

If a party does not file such reply, all the new matters alleged in the answer are deemed controverted. (Section 10, Rule 6). If the plaintiff wishes to interpose any claims arising out of the new matters so alleged such claims shall be set forth in an amended or supplemental complaint.

Pleadings A third (fourth, etc.) party complaint / answer

A claim that a defending party may, with leave of court, file against a person not a party to the action, called the third (fourth, etc.) party defendant, for contribution, indemnity, subrogation or any other relief, in respect of his opponent’s claim. (Section 11, Rule 6)

A third (fourth, etc.) party defendant may allege in his answer his defenses, counterclaims or cross-claims, including such defenses that the third (fourth, etc) party plaintiff may have against the original plaintiff’s claim. In proper cases, he may also assert a counterclaim against the original plaintiff in respect of the latter’s claim against the third-party plaintiff. (Section 13, Rule 6)

Parts of a Pleading Caption contains:

Name of the court

Title of the action - The title of the action

Names of the parties. They shall all be named in the original complaint or petition; but in subsequent pleadings, it shall be sufficient if the name of the first party on each side be stated with an appropriate indication when there are other parties.

Their respective participation in the case shall be indicated

Docket number if assigned. (Section 1, Rule 7)

Parts of a Pleading Body of the pleading sets forth its

Designation Allegations of the party’s claims or defenses, the Relief prayed for, and the Date of the pleading. (Section 2, Rule 7)

Paragraphs —The allegations in the body of a pleading shall be divided into paragraphs so numbered as to be readily identified, each of which shall contain a statement of a single set of circumstances so far as that can be done with convenience. A paragraph may be referred to by its number in all succeeding pleadings.

Parts of a Pleading Headings — When two or more causes of action are joined, the

statement of the first shall be prefaced by the words “first cause of action,” of the second by “second cause of action,” and so on for the others.

When one or more paragraphs in the answer are addressed to one of several causes of action in the complaint, they shall be prefaced by the words “answer to the first cause of action” or “answer to the second cause of action” and so on; and when one or more paragraphs of the answer are addressed to several causes of action, they shall be prefaced by words to that effect.

Relief —The pleading shall specify the relief sought, but it may add a general prayer for such further or other relief as may be deemed just or equitable.

Date — Every pleading shall be dated.

Parts of a Pleading Signature and address

Each pleading must be signed by the party or counsel representing him,

stating in either case his address which should not be a post office box.

The signature of counsel constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay. (Section 3, Rule 7)

An unsigned pleading produces no legal effect. The court may, in its discretion, allow such deficiency to be remedied if it was due to mere inadvertence and not intended for delay

Parts of a Pleading Except when otherwise specifically required by law or rule,

pleadings need not be under oath, verified or accompanied by affidavit. (Section 4, Rule 7, Rules of Court) A pleading is verified by an affidavit that the affiant has read

the pleading and that the allegations therein are true and correct of his personal knowledge or based on authentic records.

A pleading required to be verified which contains a verification based on “information and belief,” or upon “knowledge, information and belief,” or lacks a proper verification, shall be treated as an unsigned pleading

Parts of a Pleading Certification against forum shopping.

The plaintiff or principal party Certify under oath in the complaint or other initiatory

pleading asserting a claim for relief, or in a sworn certification annexed thereto and simultaneously filed therewith:

Not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action or claim is pending therein;

If there is such other pending action or claim, a complete statement of the present status thereof;

If he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within five (5) days to the court where his complaint or initiatory pleading has been filed. (Section 5, Rule 7)

Parts of a Pleading Failure to comply with the certification shall be cause for the

dismissal of the case without prejudice, unless otherwise provided, upon motion and after hearing.

The submission of false certifications or non-compliance constitutes indirect contempt of court, without prejudice to the corresponding administrative and criminal actions.

If the acts of the party or his counsel clearly constitute wilfull and deliberate forum shopping, the same shall be ground for summary dismissal with prejudice and shall constitute direct contempt, as well as a cause for administrative sanctions.

Characteristics of a Pleading Pleadings

Methodical and logical in form (Section 1, Rule 8) Plain, concise and direct statement of the ultimate facts on

which the party pleading relies for his claim or defense. (Section 1, Rule 8)

Omits statement of mere evidentiary facts. (Section 1, Rule 8)

If a defense relied on is based on law, the pertinent provisions thereof and their applicability to him shall be clearly and concisely stated. (Section 1, Rule 8)

Allegations in a Pleading Pleading gives facts showing the capacity of a party to sue or

be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party. (Section 4, Rule 8)

A party desiring to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued in a representa tive capacity, shall do so by specific denial, which shall include such supporting particulars as are peculiarly within the pleader’s knowledge. (Section 4, Rule 8)

Allegations in a Pleading Generally, a general averment of the performance or

occurrence of all conditions precedent shall be sufficient. (Section 3, Rule 8). Malice, intent, knowledge or other condition of the mind of a

person may be averred generally. (Section 5, Rule 8) In pleading a judgment or decision of a domestic or foreign

court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it. (Section 6, Rule 8)

In pleading an official document or official act, it is sufficient to aver that the document was issued or the act done in compliance with law. (Section 9, Rule 8)

Allegations in a Pleading Exception:

In all allegations of fraud or mistake, the circumstances constituting fraud or mistake must be stated with particularity. (Section 5, Rule 8)

Whenever an action or defense is based upon a written instrument or document, the substance of such instrument or document shall be set forth in the pleading, and the original or a copy thereof shall be attached to the pleading as an exhibit, which shall be deemed to be a part of the pleading, or said copy may with like effect be set forth in the pleading. (Section 7, Rule 8)

Allegations in a Pleading When an action or defense is founded upon a written

instrument, copied in or attached to the corresponding pleading as provided in the preceding section, the genuineness and due execution of the instrument shall be deemed admitted unless the adverse party, under oath, specifically denies them, and sets forth what he claims to be the facts; but the requirement of an oath does not apply when the adverse party does not appear to be a party to the instrument or when compliance with an order for an inspection of the original instrument is refused. (Section 8, Rule 8)

Allegations in the Denial A defendant must specify each material allegation of fact the

truth of which he does not admit and, whenever practicable, shall set forth the substance of the matters upon which he relies to support his denial.

Where a defendant desires to deny only a part of an averment, he shall specify so much of it as is true and material and shall deny only the remainder.

Where a defendant is without knowledge or information sufficient to form a belief as to the truth of a material averment made in the complaint, he shall so state, and this shall have the effect of a denial. (Section 10, Rule 8,)

Material averment in the complaint, other than those as to the amount of unliquidated damages, shall be deemed admitted when not specifically denied. Allegations of usury in a complaint to recover usurious interest are deemed admitted if not denied under oath. (Section 10, Rule 8)

Complaint / Information A complaint is a

sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or

other public officer charged with the enforcement of the law violated. (Section 3, Rule 110, Rules of Court)

An information is an accusa tion in writing charging a person with an offense subscribed by the prosecutor and filed with the court.

(Section 4, Rule 110, Rules of Court)

Contents of a Complaint / Information Complaint or Information must contain: (Section 6, Rule 110)

Name of the accused. When an offense is committed by more than one person, all of them shall be included in the complaint or information. (Section 6, Rule 110)

Name and surname of the accused or any appellation or nickname by which he has been or is known. (Section 7, Rule 110)

If his name cannot be ascertained, he must be described under a fictitious name with a statement that his true name is unknown. If the true name of the accused is thereafter disclosed by him or appears in some other manner to the court, such true name shall be inserted in the complaint or information and record. (Section 7, Rule 110)


Designation of the offense given by the statute (Section 6, Rule 110)

The complaint or information shall state the designation of the offense given by the statute

Aver the acts or omissions constituting the offense, Specify its qualifying and aggravating circumstances. If there is no designation of the offense, reference shall be

made to the section or subsection of the statute punishing it. (Section 8, Rule 110)


A complaint or information must charge only one offense, except when the law prescribes a single punishment for various offenses. (Section 13, Rule 110)

A complaint or information may be amended, in form or in substance, without leave of court, at any time before the accused enters his plea. After the plea and during the trial, a formal amendment may only be made with leave of court and when it can be done without causing prejudice to the rights of the accused. (Section 14, Rule 110)

However, any amendment before plea, which downgrades the nature of the offense charged in or excludes any accused from the complaint or information, can be made only upon motion by the prosecutor, with notice to the offended party and with leave of court. The court shall state its reasons in resolving the motion and copies of its order shall be furnished all parties, especially the offended party

Contents of a Complaint / Information The acts or omissions complained of as constituting the

offense (Section 6, Rule 110) State the acts or omissions complained of as constituting

the offense

The qualifying and aggravating circumstances

Stated in ordinary and concise language and not necessarily in the language used in the statute, but in terms sufficient to enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgment. (Section 9, Rule 110)

Contents of a Complaint / Information The name of the offended party (Section 6, Rule 110, Rules of

Court) The complaint or information must state the name and

surname of the person against whom or against whose property the offense was committed, or any appellation or nickname by which such person has been or is known. If there is no better way of identifying him, he must be described under a fictitious name. (Section 12, Rule 110, Rules of Court)

In offenses against property, if the name of the offended party is unknown, the property must be described with such particularity as to properly identify the offense charged. (Section 12, Rule 110, Rules of Court)

Contents of a Complaint / Information The name of the offended party (Section 6, Rule 110, Rules of

Court) If the true name of the person against whom or against

whose property the offense was committed is thereafter disclosed or ascertained, the court must cause such true name to be inserted in the complaint or information and the record. (Section 12, Rule 110, Rules of Court)

If the offended party is a juridical person, it is sufficient to state its name, or any name or designation by which it is known or by which it may be identified, without need of averring that it is a juridical person or that it is organized in accordance with law. (Section 12, Rule 110, Rules of Court)

Contents of a Complaint / Information The approximate date of the commission of the offense

(Section 6, Rule 110, Rules of Court) It is not necessary to state in the complaint or information

the precise date the offense was committed except when it is a material ingredient of the offense. The offense may be alleged to have been committed on a date as near as possible to the actual date of its commission. (Section 11, Rule 110, Rules of Court)

The place where the offense was committed (Section 6, Rule 110, Rules of Court)

The complaint or information is sufficient if it can be understood from its allegations that the offense was committed or some of its essential ingredients occurred at some place within the jurisdiction of the court, unless the particular place where it was committed constitutes an essential element of the offense charged or is necessary for its identification. (Section 10, Rule 110, Rules of Court)

Sample - Form

CIVIL CASES

<JURISDICTION> (Country)<JURISDICTION> (Court)

<VENUE> (City)<VENUE> (Branch No.)

<Name>, Plaintiff, <Identifier>

For: <Name of Action>versus-

<Name>, Defendant.

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

<Title of Pleading> < Introduction from the Plaintiff>:

< Title of Pleading >< Introduction by the Plaintiff >:

1. < Designation of the Plaintiff >;2. < Designation of the Defendant >;3. < Basis for the pleading >;4. < Basis for the pleading >;

< Prayer >WHEREFORE, 1. < Specific prayer >

COMPLAINT

REPUBLIC OF THE PHILIPPINESMETROPOLITAN TRIAL COURT

CITY OF MANILABRANCH ___

ABC, Plaintiff, Civil Case no.

_______For: Unlawful

Detainerversus-

DEF, Defendant.

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

COMPLAINTPlaintiff, with undersigned counsel, respectfully states that:

COMPLAINT

REPUBLIC OF THE PHILIPPINESMETROPOLITAN TRIAL COURT


ABC, Plaintiff, Civil Case no.

_______For: Unlawful

Detainerversus-

DEF, Defendant.

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



1. Plaintiff is of legal age and a resident of 123 Espana St, Manila, where he may be served with summons and processes; while Defendant is also of legal age and a resident of 456 Espana St., Manila, where he may be served with summons and processes;

2. Plaintiff is the true and lawful owner of an apartment unit situated in 789 Espana St., Manila, which the defendant leased for a period of 2 years from August 1, 2006 at a monthly rental of P5,000.00 by virtue of a contract, a photocopy of which is hereto attached as ‘Annex A’;

3. The said Contract of Lease expired on August 1, 2008;4. Despite the expiration of said contract, defendant still refused to vacate the

same despite several demands;5. A final written demand has been duly served to defendant, a copy of which

is hereby attached as ‘Annex B’;6. On account of the defendant’s adamant refusal to vacate the leased

premises, plaintiff has been compelled to initiate the suit and to incur expenses in the amount of P30,000.00 aside from costs of suit;

7. Prior to the filing of this complaint, the dispute between the parties was referred to the Lupong Tagapamayapa of the barangay where the leased premises is located, but the parties failed to settle the same amicably. A ‘Certification to File Court Case’ issued by the Barangay Chairman is hereto attached as ‘Annex C’

PRAYER

WHEREFORE, it is respectfully prayed that after due notice and hearing, a judgment be rendered ordering:

1. The defendant and all persons claiming right under him to vacate the aforementioned leased premises;

2. The defendant to pay plaintiff the rentals due until the former shall have actually vacated said property;

3. The defendant to indemnify plaintiff P30,000.00 as attorney’s fees, and for costs of suit, and for expenses of litigation.

4. Plaintiff further prays for such other reliefs as may be just and equitable under the premises.

September 23, 2007, City of Manila.

Counsel for Plaintiff(complete address)

PTR no.IBP no.

Supreme Court Roll no

JURAT

SUBSCRIBED AND SWORN to before me, in the city of Manila, this 22nd day of 2003 by _______ with Residence Cert. No. ____ issued at _____ on ___, 2003.

NOTARY PUBLIC(commission

expires every two years)

Doc. No.__;Page No. ___;Book No. ___;Series of 2003.

Criminal CaseJurisdiction < Country >

Jurisdiction < Court >Venue < Region >

Venue < City >Venue < Branch No. >

< People of the Philippines >, Plaintiff, < Identifier / No. > - versus - For: < Title of Crime >

< Name >,Accused.x--------------------------------x

< Title of Document >

< Title of Document >

< Introduction by the Plaintiff / Representative of Plaintiff >

< Salient facts of the offense >

Contrary to law.

< Date, City >

City ProsecutorCity of Manila

InformationREPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURTNATIONAL CAPITAL JUDICIAL REGION


People of the Philippines, Plainitff, Criminal Case no. ___

- versus - For: Rape

ABC,Accused.x--------------------------------x

INFORMATION

INFORMATION

The undersigned City Prosecutor for the City of Manila, hereby accuses ABC for the crime of Rape committed as follows:

That on or about 8: 00pm of August 14, 2008, at his house in 123 Espana St., Manila, and within the jurisdiction of this Honorable Court, the said accused, by means of repeated blows to the stomach which rendered the victim unconscious, did then and there, willfully, unlawfully and feloniously, had carnal knowledge of Evelyn, who was then a minor, 14 years of age.

Contrary to law.

September 5, 2008, City of Manila.

City ProsecutorCity of Manila

CERTIFICATION

This is to certify that a preliminary investigation has been conducted in the above-entitled case, and that on the basis of the evidence presented, there is reasonable ground to believe that the offense charged has been committed and the accused is probably guilty thereof.

September 5, 2008, City of Manila.City Prosecutor

City of Manila

JURAT

Bail Recommended:

Other Legal Forms

"ss"s.s. is the latin word "Scilicet" meaning "in

particular" or "namely".

A jurat is a certification on a legal document which provides information about when and where the document was signed, and who witnessed the signing. Lawyers and notaries can both generate jurats which can be used to validate legal documents. A jurat is usually necessary before a document can be legally recognized.

A basic jurat includes a statement from the official who witnessed the signing of the document indicating that the person the document concerns signed it in the presence of the official. The official notes the date and location of the signature, and signs the document or affixes a seal. In some cases, a signature and seal are used. The jurat statement often begins “Signed before me on this date...” although the language can change, depending on regional preference. In some cases, people can sign a document elsewhere and bring in proof of identity to have a jurat attached to the document after the fact.

AFFIDAVIT OF LOSS

REPUBLIC OF THE PHILIPPINES )

CITY OF ________ )SS.

X-----------------------------------------X

AFFIDAVIT OF LOSS

I, Abner Calido, Filipino, of legal age, single and a resident of 12 Jakarta St., International Village, Muntinlupa, Philippines, after having duly sworn to in accordance with law, hereby depose and say that:

1. I am the holder of an Automated Teller Machine card number 9870-728 under Account No. 356-098-1-202 issued by MonayBanK;

2. The credit balance of this account is Php 90,000.00 as of June 1, 2009; 3. I lost said ATM on June 2, 2009 and that I exerted all efforts to locate the same but I

could not remember exactly where I placed/left it and it is considered lost for all legal purposes;

4. The money represented by the balance to the credit of the account is my personal

property and that I have no assignment, transfer or pledge thereof 5. Said ATM Card was not confiscated by any officer of the law or the officers of (name

of bank) by reason of any violation of any law, ordinance, presidential decree or rules and regulation of said bank; and neither was it offered as collateral for any loan;

6. I am executing this affidavit to attest to the foregoing facts and for the purpose of

securing the issuance to me of a replacement ATM card in lieu of the one that was lost;

7. That I hereby agree to hold the MonayBank its officers and employees, free and

harmless and to indemnify it/them for any loss that it/they may sustain by issuing another ATM Card;

IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of June 2009 in the City of Muntinlupa, Philippines.

JURAT

SUBSCRIBED AND SWORN to before me, in the city of Muntinlupa, this 6th day of June by Abner Calido with Residence Cert. No. 1234567 issued at Muntinlupa on Jan. 10, 2009.

NOTARY PUBLIC(commission

expires every two years)

Doc. No.__;Page No. ___;Book No. ___;Series of 2003.

GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:

I, Abner Calido, of legal age, single, resident of 12 Jakarta St., International Village, Muntinlupa, and the registered owner of Bagong Kotse enterprises do hereby name, constitute, and appoint Bong Calido, to be my true and lawful attorney-in-fact, for me and in my name, place, and stead, to do and perform the following acts and things to wit:

1. To ask, demand, sue for, recover, collect any and all sums of money, debts, dues, accounts, kind as

may now be or may hereafter become due, owing, payable or belonging to Bagong Kotse enterprise and to have, sue, and to take any and all lawful ways and means for the recovery thereof by suit, attachment, compromise or otherwise;

2. To make, sign, execute, and deliver contracts, documents, agreements, and other writings of whatever nature or kind, with any and all third persons, concerns, or entities, upon terms and conditions acceptable to my said attorney-in-fact ;

3. 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.

IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of June, 2006, in Muntinlupa City, Philippines.

Principal

Signed in the presence of :

___________________________ and _______________________

REPUBLIC OF THE PHILIPPINES ) City of __________________ )SS. X - - - - - - - - - - - - - - - - - - - - - - - X

BEFORE ME, a Notary Public for and in the City of Muntinlupa, Philippines this 6th of June, 2009 personally appeared Abner Calido with his Community Tax Certificate No. 123456 issued at Muntinlupa on Jan. 10, 2009 known to me and to me known to be the same person who executed the foregoing instrument and she acknowledged to me that the same is his own free and voluntary act and deed.

Notary Public

Doc. No. ___; Page No. ___; Book No. ___; Series of 2009

DEED OF SALE KNOW ALL MEN BY THESE PRESENTS: That I, Abner Calido, of legal age, Filipino, single and a resident of 12 Jakarta St., International Village, Muntinlupa, for and in consideration of the amount of Four Hundred Fifty Thousand (P450,000.00) PESOS, Philippine Currency, receipt of which is hereby acknowledged from Pedro Flavier, of legal age, Filipino, single and a resident of 34 Bangkok St., International Village, Muntinlupa, do hereby SELL, CEDE, TRANSFER and CONVEY unto and in favor of Pedro Flavier his heirs, successors and assigns a motor vehicle particularly described as follows: Make and Type : Honda Sedan___________Motor Number : 1239876Serial/Chassis No. : 45-90-6869____Plate No. : FTG 450MV FILE NO. _ A9089 ___________ COLOR : Silver Greyfree from liens and encumbrances.

IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of June 2009 at Muntinlupa, Philippines.______________

Vendor

SIGNED IN THE PRESENCE OF : Melinda Cajucom and Lilian Lawin

ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES)CITY OF ________ )SS.X - - - - - - - - - - - - - - - - - - - - - - - X BEFORE ME, a Notary Public for and in the City of Muntinlupa, Philippines this 6th day of June, 2009 personally appeared Abner Calido with his Community Tax Certificate No. 1234566 issued at Muntinlupa on Jan. 10, 2009 known to me and to me known to be the same person who executed the foregoing instrument and he acknowledged to me that the same is his own free and voluntary act and deed.

WITNESS MY HAND AND SEAL.Doc. No. _________;Page No. _________;Book No. ________ ;Series of 2009

CONTRACT OF LEASE I, Abner Calido , of legal age, single, and a resident of 12 Jakarta, International Village, Muntinlupa, in consideration of the agreements hereinafter contained, do hereby lease unto Shelley Curzon, of legal age, single, Filipino citizen, and with residence and postal address at General Lim St., Barangay Pula, Tacurong, Sultan Kudarat for a period of 1 year from July 2, 2009 to June 30, 2010, that certain parcel of land, together with the buildings and improvements thereon, situated in #40 Main Street, Pilar Village, Muntinlupa City, and more particularly described as follows:

(Description of Property)

of which I am the registered owner in accordance with the Land Registration Act, my title thereto being evidence by Original/Transfer Certificate of Title No. 45690 issued by the Register of Deeds of Quezon City;

And

I, Shelley Curzon, the above-named lessee, in consideration of this lease, do hereby promise for myself and my heirs and assigns that I will cause to be paid to the said Abner Calido a monthly rental of THIRTY THOUSAND PESOS (PHP 30,000.00), payable in advance during the first 5 days of each month for the entire period of this lease.

(Special Agreements of the lease may be added here) IN WITNESS WHEREOF, we have hereunto set our hands at the Muntinlupa Philippines, on this 6th day of June 2009

SIGNED IN THE PRESENCE OF : Mylene Reyes and Ricardo Paglaluan

ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES)CITY OF ________ )SS.X - - - - - - - - - - - - - - - - - - - - - - - X BEFORE ME, a Notary Public for and in the City of Muntinlupa, Philippines this 6th day of June, 2009 personally appeared Abner Calido with his Community Tax Certificate No. 1234566 issued at Muntinlupa on Jan. 10, 2009 known to me and to me known to be the same person who executed the foregoing instrument and he acknowledged to me that the same is his own free and voluntary act and deed.

WITNESS MY HAND AND SEAL.Doc. No. _________;Page No. _________;Book No. ________ ;Series of 2009

Demand Letter

Date __________ Name of respondentAddress Dear Mr./Mrs/Ms _________ It has been 30 days since you received my letter dated ______ and still, you have failed to pay and still refuses to pay your arrears which have now amounted to NINETY ONE THOUSAND PESOS (P 91, 000.00) . Please be reminded that I have sent you several letters of demand for you to pay your back rentals and to vacate the premises but the same letters have been left unanswered. Consider this then, as my last and final demand for you to pay your account within five (5) days from receipt and to VACATE THE premises within ten (10) days from receipt of this notice. Otherwise, I shall be constrained to commence suit to protect my interests. Very truly yours, _______________

Recap for the Mock Bar / Bar Exams

Recap for the Mock Bar and Bar

PleadingCaptionBodySignaturesVerification / AcknowledgementCertification against forum shoppingDenial

Specific denials

Recap for the Mock Bar & Bar

Complaint / Information Name of accused / Name of offended partyDesignation of offenseActs constituting the offenseName of offended partyDate/time and place of offense

Recap for Mock Bar & Bar

Title Parties Terms and Conditions Assent (in the form of the signature of parties) Acknowledgement

Reminders for the Mock Bar & Bar

FormFollow the format of the legal document

Center words when necessary Number the points / allegations

Continue to observe margins Unless the names of the lawyers are already

provided, you may use your own name as representative of your client

I.I.

The undersigned, through The undersigned, through counsel, after being duly counsel, after being duly deposed, hereby state: deposed, hereby state:

1. The quick brown fox jumped 1. The quick brown fox jumped the lazy brown cow. After the lazy brown cow. After that, the frog left the hare.that, the frog left the hare.

Humpty Dumpty sat on a wall. Humpty Dumpty sat on a wall. Humpty Dumpty had a great Humpty Dumpty had a great fall. All the kings horses and all fall. All the kings horses and all the king’s men couldn’t put the king’s men couldn’t put Humpty back together again. Humpty back together again.

PRAYERPRAYER

WHEREFORE, it is WHEREFORE, it is respectfully prayed that respectfully prayed that after due hearing, after due hearing, judgement be rendered judgement be rendered ordering ordering

REPUBLIC OF THE PHILIPPINESREPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL NATIONAL CAPITAL JUDICIAL REGIONREGIONREGIONAL TRIAL REGIONAL TRIAL

COURTCOURTBRANCH BRANCH 123123

2. The quick brown fox jumped 2. The quick brown fox jumped the lazy brown cow. After the lazy brown cow. After that, the frog left the hare.that, the frog left the hare.

3. The quick brown fox jumped 3. The quick brown fox jumped thethe

1. Humpty sat on a wall:1. Humpty sat on a wall:2. Humpty sat on a wall:2. Humpty sat on a wall:

SigneSignedd

Legal Forms and Practical Exercises by Prof. Estaniel

Documents