Legal Forms Final

8/10/2019 Legal Forms Final

1/34

REPUBLIC OF THE PHILIPPINESMUNICIPAL TRIAL COURT

BRANCH 1Baguio City

Kim KardashaPlaintiff,

v. CI!IL CASE No" #$%&FOR:S'()i*i) P(r*orma)( +ith

Tha,ia Marimar -amag(sDefendant.

. / / / / / / / / / / / / / / / / / / / / / / .

ANSWER DENYING GENUINENESS andDUE EXECUTION OF INSTRUMENT

COMES NO0, Defendant, through the undersigned counsel, most

respectfully files her Answer in response to the Complaint of the Plaintiff,

to wit:

. Paragraph is admitted! however, the defendant is now

presently residing at "# $egarda Road, %aguio City!

&. Paragraphs &a, &', &c, &d, and # are denied for lac( of

information or (nowledge sufficient to form a reasona'le 'elief

thereof!

#. Paragraph " is denied insofar as the allegation that 'othPlaintiff and Defendant entered into a contract of sale and the

su')ect of which is the latter*s +issan afari "-", & model!

". /hat the alleged signature of the defendant in the said

instrument is forged as the defendant never entered into an

agreement with the Plaintiff! hence, denying the genuineness

and due e-ecution of instrument!

0. /he allegation in paragraph " is denied as the same is anerroneous conclusion made 'y Plaintiff!

1. /he defendant has no (nowledge sufficient to form a 'elief as to

the allegations made in paragraph 0, 1,2 and 3.

P R A Y E R


2/34

456R6FOR6, in view of the foregoing, Defendant most respectfully

prays for the dismissal of the complaint. Other reliefs are li(ewise prayed

for.

%aguio City, Philippines. Octo'er ", &".

SHEERA LAINE !" MANANOOf counsel

&"3 ession Road, %aguio CityP/R +o. &07%aguio City7&8#80

Roll of Atty. +o. "39%P $ifetime em'ership +o. ;23;

C$6 Compliance +o ;23;

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

9, /5A$9A AR9AR, of legal age, do here'y state that: 9 am the defendant in the case!in response, 9 have caused the preparation of this Answer! 9 have read its contents and affirm

that they are true and correct to the 'est of my own personal (nowledge! I specifically denythe genuineness and due execution as well as the binding effect of the actionabledocuments pleaded by plaintiff2 9 here'y certify that there is no other case commenced orpending 'efore any court involving the same parties and the same issue and that, should 9 learnof such a case, 9 shall notify the court within five days from my notice.

9+ 49/+6 456R6OF, 9 have signed this instrument on " Octo'er &" in the City of%aguio, Philippines.

overnment 9ssued 9D+o. 31;3; issued on August 1, && at %aguio City.

Doc. +o. & 5A+9FA5 >OPage +o. " Notary Public for Baguio City%oo( +o. ?ntil Decem'er #, &0eries of &". 3& ession Road, %aguio City P/R +o. %aguio City7&8#8#

Roll of Atty. +o. "0123 9%P $ifetime em'ership +o. ; C$6 Compliance +o ;321

PROOF OF SER!ICE


3/34

Copy furnished through personal service:

Atty. A+DR69 . %AA%ACounsel for Plaintiff"" 5oneymoon Road%aguio City


BRANCH 1


4/34

Baguio City

0i,,i( !a,,(3osPlaintiff,

v. CASE NO" #$%&FOR:P(titio *or Iso,4()y

Eth(, Pagai5aDefendant.

. / / / / / / / / / / / / / / / / / / / / / / .

ANSWER OF DEBTOR TO PETITION FOR INSOLVENCY

COMES NO0, the defendant, through the undersigned counsel, in

the a'ove8entitled case and to this 5onora'le Court most respectfully avers

the following:

. Paragraph is admitted pertaining to the personal circumstances of

the parties!

&. Paragraphs & to # is admitted as to the circumstances surrounding

the creditor8de'tor relationship 'etween the parties, as well as the

amount involved in the case!

#. Paragraph " is admitted! in which case, the Defendant is in fact

solvent as she retains su'stantial cash deposits and properties, as

evidenced 'y her tatement of Assets and $ia'ilities attached as

Anne- A, to answer for the de't involved in this case!

". Also, the said inde'tedness has not gain its maturity date yet since the

same was su')ect to an e-tension or until ay &3, &&, as agreed

orally 'y the parties!

0. Paragraph 0 is partially denied in that the proposal of garnishment of

the shares of stoc( in Corporation A in the name of the Defendant

cannot 'e garnished since the said personal property is 'eing held in

trust 'y the respondent in favor of a ward!

1. 5ence, this case was only maliciously filed to the effect that the

Plaintiff 'e a'le to o'tain rights over the said shares of stoc(, in which

he has no right.


5/34

0HEREFORE, the Defendant respectfully prays that the petition 'edismissed for lac( of merit.

%aguio City, Philippines. " Octo'er &".

SHEERA LAINE !" MANANOOf counsel

&"3 ession Road, %aguio CityP/R +o. &07%aguio City7&8#80



PROOF OF SER!ICE


Atty. A+DR69 . %AA%ACounsel for Plaintiff"" 5oneymoon Road%aguio City

REPUBLIC OF THE PHILIPPINES

RE6IONAL TRIAL COURT


6/34

FIRST 7U-ICIAL RE6ION

BRANCH 1

Baguio City

7UAN -ELA CRU2Plaintiff,

v. Ci4i, Cas( No" 189:For:P(titio *or Ca)(,,atio

PE-RO MEN-OA2 o* Tit,(Defendant.

-8888888888888888888888888888-

ANSWER

RESPON-ENT2 'y undersigned counsel and to this5onora'le Court, answering the petition for cancellation of title,respectfully alleges:

= 5e admits the allegations in par. of the petition regardingthe personal circumstances and addresses of the parties.

&= 5e admits the allegations in pars. & to 0 to the petition,

su')ect to @ualifications and affirmative defenses herein alleges!

By +ay o* SPECIAL AN- AFFIRMATI!E -EFENSES2r(s'od(t a,,(g(s;

= /hat the parcel of land in @uestion is a con)ugal property ofrespondent and his wife, %etty Diyosa!

&= /hat the court in Civil Case +O. has not ac@uired)urisdiction over the person of his wife 'ecause she was not a party

litigant therein:

#= /hat the money )udgment in Civil Case +o arose fromthe personal transaction of petitioner in connection with theaccommodation surety he e-ecuted to secure payment of the loane-tended 'y respondent to the corporation, , which loan did not

'enefit the con)ugal property, and accordingly said con)ugal propertyis e-empt from e-ecution to satisfy said personal )udgment ofrespondent.

"= /hat the e-ecution sale is invalid 'ecause there was no validlevy made 'y the sheriff, as at the time the court in Civil Case +o. has not ac@uired )urisdiction over the person of respondent*s wife,

who was not a party litigant in said case.


7/34

0= /he value of the land in @uestion has mar(et value fare-ceeding the amount of money )udgment rendered in favor ofpetitioner, as to unfairly and un)ustly enrich petitioner.

1= As the upreme Court ruled in Padilla, Jr. v. Phil. ProducersCooperative Mareting !ssn.,>.R. +o. "&01, Buly 0, &0:

9t is clear that PD 0&; provides the solution to respondent*s@uandary. /he reasons 'ehind the law ma(e a lot of sense! it providesdue process to a registered landowner


8/34

RE6IONAL TRIAL COURTBRANCH &Baguio City

9n the atter of the Petition ofLIBERT< RE


9/34

d= /hat said detainee has 'een detained temporarily in the policedetention cell of the %aguio City Police Department in view of thedestruction through fire of the %aguio City Bail!

e= /hat a copy of the warrant of arrest issued against $9%6RA /.R6E6 is Criminal Case +o. " entitled People of the Philippines vs.$i'era /. Reyes commanding her apprehension, is hereto attached as

Anne- A made an integral part of this return and answer.

0HEREFORE2 all the foregoing premises considered, it isrespectfully prayed that the petition for 5a'eas Corpus 'e dismissed, andthat the said $9%6RA /. R6E6 'e ordered to remain in the custody ofthe %aguio City Police Department.

%aguio City, Philippines, " Octo'er &".

BR


10/34

Baguio City

AIKO MELEN-E2 Petitioner, CI!IL CASE NO" 189:

For; L(ga, S('aratio

v.

7OMARI


11/34




9, /5A$9A AR9AR, of legal age, do here'y state that: 9 am the defendant in the case!in response, 9 have caused the preparation of this Answer! 9 have read its contents and affirmthat they are true and correct to the 'est of my own personal (nowledge! I specifically denythe genuineness and due execution as well as the binding effect of the actionabledocuments pleaded by plaintiff2 9 here'y certify that there is no other case commenced orpending 'efore any court involving the same parties and the same issue and that, should 9 learnof such a case, 9 shall notify the court within five days from my notice.


overnment 9ssued 9D +o. 31;3; issued on August 1, &&at %aguio City.

Doc. +o. & 5A+9FA5 >OPage +o. " Notary Public for Baguio City%oo( +o. ?ntil Decem'er #, &0eries of &". 3& ession Road, %aguio City P/R +o. %aguio City7&8#8# Roll of Atty. +o. "0123 9%P $ifetime em'ership +o. ; C$6 Compliance +o ;321

PROOF OF SER!ICE


Atty. A+DR69 . %AA%A

Counsel for Plaintiff"" 5oneymoon Road%aguio City


BRANCH 1Baguio City


12/34

A/ COMPAN


13/34

9%P $ifetime em'ership +o. ;23;C$6 Compliance +o ;23;


9, /5A$9A AR9AR, of legal age, do here'y state that: 9 am the defendant in the case!in response, 9 have caused the preparation of this Answer! 9 have read its contents and affirmthat they are true and correct to the 'est of my own personal (nowledge! I specifically denythe genuineness and due execution as well as the binding effect of the actionabledocuments pleaded by plaintiff2 9 here'y certify that there is no other case commenced orpending 'efore any court involving the same parties and the same issue and that, should 9 learnof such a case, 9 shall notify the court within five days from my notice.


overnment 9ssued 9D +o. 31;3; issued on August 1, &&at %aguio City.

Doc. +o. & 5A+9FA5 >OPage +o. " Notary Public for Baguio City%oo( +o. ?ntil Decem'er #, &0eries of &". 3& ession Road, %aguio City P/R +o. %aguio City7&8#8# Roll of Atty. +o. "0123 9%P $ifetime em'ership +o. ; C$6 Compliance +o ;321

PROOF OF SER!ICE


Atty. A+DR69 . %AA%ACounsel for Plaintiff

"" 5oneymoon Road%aguio City


City o* BaguioBra)h 1


14/34

6A!IN REaya'a %ldg., ession Road, %aguio CityP/R +o. %aguio City7&8#8#

Roll of Arty +o. "01239%P $ifetime em'ership +o. ;

C$6 Compliance +o ;321


City o* BaguioBra)h 1


15/34

7UAN -ELA CRU2 Plaintiff,

CI!IL CASE NO" 189 v. For: Co,,()tio o* Sum o* Mo(y

PE-RO RE


16/34

0HEREFORE2 it is respectfully prayed that the complaint 'e dismissed for lac( ofcause of action and defendant 'e awarded the amount of fifty thousand pesos


17/34

Baguio City

7UAN -ELA CRU2 Plaintiff,

Ci4i, Cas( No" 8888

v. For : -amag(s +ith S'()i*i) P(r*orma)(

PE-RO REaya'a %ldg., ession Road, %aguio CityP/R +o. %aguio City7&8#8#

Roll of Arty +o. "01239%P $ifetime em'ership +o. ;

C$6 Compliance +o ;321

R('u5,i) o* th( Phi,i''i(sFIRST JUDICIA R!"I#$RE6IONAL TRIAL COURT


18/34

BRANCH &%aguio City

7UAN -ELA CRU2Plaintiff, Ci4i, Cas( No"189%

v. For: E7ECTMENT

PE-RO RE


19/34

PEOPLE OF THE PHILIPPINESPlaintiff,

CRIM" CASE NO"189:/- v. For: A)ts O* Las)i4ious(ss

7UAN -ELA CRU2!ccused.

=///////////////////////////////////////////=

INFORMATION

/he undersigned accuses 7UAN -ELA CRU of the crime of ACTS OFLASCI!IOUSNESS, committed as follows:

/hat on or a'out April ;, at a'out ": p.m., in the City of %aguio and within the)urisdiction of this 5onoura'le Court, the said accused went to the house of the offended party,MARIA CLARA, on the prete-t of as(ing for a glass of water, stealthily approached her and,

without giving her an opportunity to defend herself, em'raced and (issed her and caught hold ofher 'reasts, against her will and 'y means of force.

Contrary to law.

%aguio City, Philippines, ; April .

MISS PROSECUTOR!ssistant City Prosecutor

CERTIFICATION OF PRELIMINARY INVESTIGATION

9 here'y certify that a preliminary investigation in this case was conducted 'y me inaccordance with law! that 9 e-amined the Complainant and his witnesses! that there isreasona'le ground to 'elieve that the offense charged had 'een committed and that the accusedis pro'a'ly guilty thereof! that the accused was informed of the Complaint and of the evidencesu'mitted against him and was given the opportunity to su'mit controverting evidence! andthat the filing of this 9nformation is with the prior authority and approval of the City Prosecutor.


?%CR9%6D A+D 4OR+ /O %6FOR6 6 this ;thday of April in %aguio City.

MISTER FISCALCity Prosecutor


20/34

%ail Recommended: P ,.

REPUBLIC OF THE PHILIPPINESRE6IONAL TRIAL COURTFIRST 7U-ICIAL RE6ION

BRANCH 8Baguio City


21/34

PEOPLE OF THE PHILIPPINES2 Plaintiff,

CR9. CA6 +O."8Dv. For; Adu,t(ry

7UANA REBaguio City


22/34

PEOPLE OF THE PHILIPPINES Plaintiff, CR9. CA6 +O."8D

v. For; Co)u5iag(

7UAN -ELA CRU2 ad7UANITA -ELA ROSA

?Both o* No 8#2 u(( o* P(a)(2Baguio City@

!ccused.=///////////////////////////////////////////=

INFORMATION

/he undersigned, Provincial Prosecutor, accuses 7UAN -ELA CRUof the crime ofCONCUBINA6E, committed as follows, to wit:

/hat on or a'out April ;, && and continuously up to the present time, in the City of%aguio, Philippines, and within the )urisdiction of this 5onora'le Court, the said B?A+ D6$ACR?J, willfully, unlawfully and feloniously at the said time and place, 'eing then legally marriedto complainant P6DR9/A D6$A CR?J, coha'it with B?A+9/A D6$A ROA, a woman not his

wife, living with her as hus'and and wife at +o.&3 Gueen of Peace, %aguio City, and the saidB?A+9/A D6$A ROA, (nowing B?A+ D6$A CR?J to 'e married, unlawfully and feloniouslycoha'it with B?A+ D6$A CR?J, living with him as hus'and and wife at +o. &3 Gueen of Peace,%aguio City, 'egetting out of such coha'itation, a child named %A5A D6$A CR?J.

Contrary to law.

%aguio City, Philippines. ; April .


REPUBLIC OF THE PHILIPPINESRE6IONAL TRIAL COURT

First 7udi)ia, R(gioBra)h 1&2 Baguio City

PEOPLE OF THE PHILIPPINES Plaintiff, CR9. CA6 +O."8D


23/34

v. For; -amag(s to Pro'(rtyThrough R(),(ss

Im'rud()(7UAN -ELA CRU2

!ccused.x%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%x

INFORMATION

/he undersigned, City Prosecutor, accuses 7UAN -ELA CRU of the crime of-AMA6E TO PROPERT< THROU6H RECKLESS IMPRU-ENCE, committed asfollows, to wit:

/hat on or a'out April ;, at a'out & a.m., in the City of %aguio, and within the)urisdiction of this 5onoura'le Court, the said accused did then and there, while driving her?K with Plate +o. EJ under the influence of li@uor and in a rec(less and imprudentmanner, 'umped his said vehicle into the residential house of P6DRO R6E6 situated at +o. &agsaysay Avenue, %aguio City, there'y causing damage to the front wall of the said residentialhouse to the damage and pre)udice of its owner, P6DRO R6E6 in the amount of P0,..

Contrary to law.

%aguio City, Philippines, ; April .

MISS PROSECUTOR

City Prosecutor


BRANCH 8Baguio City

PEOPLE OF THE PHILIPPINES


24/34

Plaintiff, CR9. CA6 +O."8D v. For; Esta*a

7UANA -ELA CRU2!ccused.

=///////////////////////////////////////////=

INFORMATION

/he undersigned, City Prosecutor, accuses 7UANA -ELA CRU of the crime ofESTAFAcommitted as follows, to wit:

/hat on or a'out arch 2, at a'out 0: p.m., in the City of %aguio, and within the)urisdiction of this 5onoura'le Court, the said accused having received from P6DRO R6E6 avariety of )ewelry valued at O+6 9$$9O+


25/34

CR9. CA6 +O."8D v. For; Att(m't(d Homi)id(


=///////////////////////////////////////////=

INFORMATION

/he undersigned, City Prosecutor, accuses 7UAN -ELA CRU of the crime ofATTEMPTE- HOMICI-E, committed as follows, to wit:

/hat on or a'out arch 2, , at a'out # p.m., in the City of %aguio, and within the)urisdiction of this 5onoura'le Court, the said accused, armed with a )ungle (nife, and withevident intent to (ill, did then and there wilfully, unlawfully, and feloniously assault, attac( and

wound one everino Co with his said weapon, missing said arm 'y only a fraction of an inch, andwould have continued his criminal act had not the said victim successfully resisted him with thehelp of some 'ystanders who responded to his cry for help.

Contrary to law.



FIRST 7U-ICIAL RE6IONBRANCH 1&Baguio City

PEOPLE OF THE PHILIPPINES2Plaintiff, CR9. CA6 +O."8D

For; Frustrat(d Homi)id(v.


26/34


=///////////////////////////////////////////=

INFORMATION

/he undersigned, City Prosecutor, accuses 7UAN -ELA CRU of the crime ofFRUSTRATE- HOMICI-E, committed as follows, to wit:

/hat on or a'out April ;, , at a'out # p.m., in the City of %aguio, and within the)urisdiction of this 5onoura'le Court, B?A+ D6$A CR?J, armed with a )ungle (nife, and withevident intent to (ill, did then and there wilfully, unlawfully, and feloniously assault, attac( and

wound one everino ag'anua inflicting mortal wounds in different parts of his 'ody, whichwould have directly caused the death of said everino ag'anua, thus performing all acts ofe-ecution which would have produced the crime of homicide as a conse@uence, 'ut neverthelessdid not produce the same 'y reason of cause independent of his will, that is, 'ecause of thetimely medical assistance rendered on the said wounds.

Contrary to law.


MISS PROSECUTORCity Prosecutor


BRANCH 1&Baguio City

PEOPLE OF THE PHILIPPINESPlaintiff,

CR9. CA6 +O."8D


27/34

v. For; L(ss S(rious Physi)a,I3uri(s


=///////////////////////////////////////////=

INFORMATION

/he undersigned, City Prosecutor, accuses 7UAN -ELA CRU of the crime ofSLI6HT PH


28/34

v. For; I,,(ga, -(t(tio

MANN<


29/34

7UAN -ELA CRU2

!ccused.=/////////////////////////////////////////////=

INFORMATION

/he undersigned, Assistant City Prosecutor, accuses 7UAN -ELA CRUof the crimeof MAL!ERSATION, committed as follows, to wit:

/hat on or a'out April ;, , at a'out 0 p.m., in the City of %aguio and within the)urisdiction of this 5onoura'le Court, the said accused, then 'eing the /reasurer of the City of%aguio, did then and there wilfully, unlawfully, and feloniously, and with grave a'use ofconfidence, misappropriate, ta(e, withdraw, and convert for his own personal use and 'enefit,the total amount of P,0,. which are pu'lic funds 'elonging to the City of %aguio, to thedamage and pre)udice of the pu'lic interest.

Contrary to law.






v. For; Parri)id(


30/34


=//////////////////////////////////////=

INFORMATION

/he undersigned, Assistant City Prosecutor, accuses 7UAN -ELA CRUof the crimeof PARRICI-E, committed as follows, to wit:

/hat on or a'out April ;, , at a'out : a.m., in the City of %aguio and within the)urisdiction of this 5onoura'le Court, the said accused, motivated 'y e-treme )ealously, andwhile armed with a .#3 cali'er pistol, did then wilfully, unlawfully, and feloniously, suddenly,une-pectedly, and treacherously fired several shots at B?A+9/A D6$A CR?J, his lawfully

wedded wife, which caused the instantaneous death of his said wife while she is wal(ing along

ession Road with her friend, Pedro asang(ay.

Contrary to law.


7ACK R" 6OCity Prosecutor


BRANCH 1&Baguio City


v. For; Ra'(


31/34


=//////////////////////////////////////=

INFORMATION

/he undersigned, City Prosecutor, accuses 7UAN -ELA CRUof the crime of RAPE2committed as follows, to wit:

/hat on or a'out April ;, , at a'out p.m., in the City of %aguio and within the)urisdiction of this 5onoura'le Court, the said accused entered the house of $isa $aya who wasthen and there alone, and did there and then, wilfully, unlawfully, and feloniously, had carnal(nowledge of the said minor against her will and 'y means of force, violence, intimidation and

threats.

Contrary to law.


7ACK I" ENRILE

City Prosecutor



PEOPLE OF THE PHILIPPINES Plaintiff,

CR9. CA6 +O."8Dv. For; Ro55(ry

7UAN -ELA CRU2


32/34

!ccused.=///////////////////////////////////////////=

INFORMATION

/he undersigned, Assistant City Prosecutor, accuses 7UAN -ELA CRUof the crimeof ROBBER


33/34

!ccused.=///////////////////////////////////////////=

INFORMATION

/he undersigned upon sworn complaint filed 'y the offended party, B?A+9/A >A+DA,

copy of which is attached hereto, accuses 7UAN -ELA CRU, of the crime of 9P$6

6D?C/9O+, committed as follows:

/hat on or a'out and during the month of Fe'ruary and arch, , in the City of%aguio, within the )urisdiction of this 5onoura'le Court, the a'ove8named accused 'y means ofdeceit 'y promising to marry the offended party, did then and there wilfully, unlawfully andfeloniously have se-ual intercourses with one Buanita >anda, a 2 year old unmarried woman ofgood repetition, there'y resulting to the pregnancy of the said offended party.

CO+/RARE /O $A4.


7ACK O" U


34/34

!ccused.=///////////////////////////////////////////=

INFORMATION

/he undersigned here'y accuses 7UAN -ELA CRU of K9O$A/9O+ OF R.A. ;&1&

Legal Forms Final

Documents