Legal Forms Report FINAL

8/12/2019 Legal Forms Report FINAL

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Legal FormsForms in Civil Proceedings, Part 2

GROUP 5

Karlo CletoGil Fernandez


2/55

Captions and TitlesSupreme Court

REPUBLIC OF THE PHILIPPINESSUPREME COURT

Manila

JUAN DELA CRUZPetitioner,

-versus- S.C. G.R. No. _____________(Designation of the pleading)

PEDRO DELOS SANTOSRespondent.

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


3/55

Captions and TitlesCourt of Appeals

REPUBLIC OF THE PHILIPPINESCOURT OF APPEALS

Manila


-versus- C.A. G.R. No. _____________(Designation of the pleading)


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


4/55

Captions and TitlesRegional Trial Court

REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURT

___ Judicial RegionBranch ______

(Venue)


-versus- Civil Case No. _____________(Designation of the pleading)


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


5/55

Captions and TitlesSpecial Proceedings

(CAPTION)

In the Matter of ___________ Sp. Proc. No. ______ ___________ (Designation of thePleading)

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


6/55

Motion for leave to effect serviceof summons by Publication

When is summons by publicationallowable? Rule 14, Sec. 14When whereabouts of defendant isunknown, or when he is designated asunknownMay also be allowed for extraterritorial

service of summons


7/55

Motion for leave to effect serviceof summons by Publication

(caption and title)

EX-PARTE MOTION FOR LEAVE TO EFFECT SERVICE OF SUMMONS BY PUBLICATION

Plaintiff thru counsel, and unto this Honorable Court, respectfully avers:

1. That he is the plaintiff in the above-entitled case;

2. That as per sheriffs Return of Summons dated ___________, the Sheriff causedservice of summon upon the defendant at given address at _____________________ butsummons was not served as the address was found to be not existing;3. That a diligent search and inquiry has been made to ascertain defendants presentaddress, but efforts in this regard proved fruitless;4. That attached hereto and made an integral part of this motion is the affidavit of theplaintiff himself, marked Annex A, setting forth the grounds for the application for leave to servethe said summons by publication

WHEREFORE, in view of all the forgoing, it is respectfully prayed that service of summons in theabove-entitled case be effected upon the defendant by publication in such places and for suchtimes as the court may order

(venue, date, signature)


8/55

Motion to Dismiss

Rule 16Grounds: Lack of jurisdiction over defendant Lack of subject matter jurisdiction Improper venue Lack of capacity to sue Lis pendens


9/55

Motion to Dismiss(Caption and Title)

Motion to Dismiss

Defendant thru counsel, respectfully moves this Honorable Court to dismiss the plaintiffs complaint on the following grounds :

1. The claim set forth in the plaintiffs complaint has been released; 2. Said claim or demand is unenforceable under the provisions of the statute of frauds.

ARGUMENTS

A. THE CLAIM OR DEMAND SET FORTH IN THE PLAINTIFFS COMPLAINT HAS BEEN RELEASED. (here state the reasons to support the first ground.)

B. THE SAID CLAIM OR DEMAND IS UNENFORCEABLE UNDER THE PROVISIONS OF THE STATUTE OFFRAUDS.

(Here state the reasons to support the second ground.)

PRAYER

WHEREFORE, in view of the foregoing, defendant prays that plaintiffs complaint be dismissed, with costs against the plaintif f.



10/55

Motion to Dismiss (cont.)NOTICE OF HEARING

To: Counsel for Plaintiff Address:Greetings!

Please take notice that on Friday, _________________________ at _________________p.m., or as soon thereafter as counsel may be heard, the undersigned willask this Honorable Court to approve the foregoing Motion to Dismiss.

( Attorneys signature)

EXPLANATION AS TO SERVICE

Copy of this Motion to Dismiss was served the counsel for plaintiff thru registered mail. Personalservice cannot be effected due to lack of manpower, as well as distance and time constraints.

( Attorneys signature)

Copy furnished: Counsel for Plaintiff


11/55

Motion for Postponement

Rule 15 motionsMust be accompanied by affidavitswhen facts alleged are not of record orof judicial notice


12/55

Motion for Postponement(caption)

URGENT MOTION FOR POSTPONEMENT

COMES NOW the undersigned counsel for plaintiff and to this Honorable Court respectfully alleges:

1. That the undersigned has today received a copy of the notice of hearing in the above-entitled case, settingsaid hearing thereof on January 10, 2001 at 8:30 am;

2. That on the same date and hour, the undersigned will attend to the hearing of the case entitled EmiliaGarcia vs. Teofisto Garcia annulment case set for January 10, 2001 at 8:30 A.M. before the Regional Trial Court ofMalolos, Bulacan, Branch V;

3. That the hearing in the aforecited case was by agreement of the parties and entered into long prior to thereceipt of the notice in the above-entitled case;

4. That, in view thereof, the undersigned regrets that he could not appear before this Honorable Court onaforementioned date and hour;

5. That it is believed that the hearing set on said date may be postponed to another date, preferably on thesecond or third week of February, 2001;

WHEREFORE, it is respectfully prayed that the hearing of the above-entitled case set for January 10, 2001 be postponedto another date, preferably on the second or third week of February 2001.

Makati City, January 10, 2001

Malin Munro

Counsel for the Plaintiff


13/55

Perpetuation of Testimony andDeposition

Mode of discovery Deposition pending action Rule 23 Deposition before action or pending

appeal Rule 24May be in the form of a depositionupon oral examination

Notice must be given


14/55

Motion for Perpetuation of Testimony orDeposition Before Action

(Caption and Title)

Motion for Perpetuation of Testimony or Deposition Before Action

Petitioner, thru counsel, and unto this Honorable Court, respectfully avers:

1. That the petitioner is of age, single/married, and a resident of _______________.

2. That the petitioner expects to be a party to an action in the court of _____________but due to ____________________ is presently unable to bring it or cause it to be brought;

3. That the subject matter of said expected action is _____________, of which the petitioner has an interest,as follows, to wit:

4. That the proposed testimony herein sought will establish the following facts:

5. That, ____________________, a resident of __________________ is the expected adverse party in theexpected action:

6. That the following persons with their respective addresses will be examined, and that the substance of the

testimony to be elicited from each, are as follows:

WHEREFORE, in order to prevent a failure of justice, it is respectfully prayed of this Honorable Court to issue and orderauthorizing the petitioner to take the deposition on oral examination of the above-named witnesses for the purposes ofperpetuating their testimony.


(Notice of Hearing)


15/55

Physical Examination ofPerson

Rule 28 Also a mode of discoveryMay be used when mental or physicalcondition of a party is in controversyExamination by physician, who shallthen report findings


16/55

Motion for Physical Examinationof Person

(Caption and title)

MOTION

Movant thru counsel, and unto this Honorable Court, respectfully avers:

1. That the movant is the defendant in a criminal case for serious physical injuries;

2. That the offended party, presently confined at ______________, alleged to have received physical

injuries which would cause said offended party an illness for more than thirty (30) days, according to the medicalreport of Dr. __________________;

3. That the movant believes that the medical report on the extent and nature of the wounds received bythe said offended party was exaggerated, and that the latter is feigning to be seriously ill in the hospital in order tomagnify the crime alleged to have been committed by the movant;

4. That the real extend and nature of the offended partys wound is in controversy in this case;

5. That Dr. _____________ is a government physician, competent and impartial, who could make anunbiased physical examination of the person of the offended party for the purpose of determining the true extent and

nature of such wounds;6. That such physical examination could be made during business hours of the day on ______________at the __________________;

7.

WHEREFORE, it is respectfully prayed that in the interest of justice, an order for physical examination of theoffended party be issued by this Honorable Court at the time, place and manner above indicated.


(Notice of Hearing)


17/55

Motion to Declare Defendant inDefault

May be asked when defendant doesnot answer complaint within thereglementary period, after which

judgment may be rendered by default


18/55

Motion to Declare Defendant inDefault

(caption)

MOTION TO DECLARE DEFENDANTS IN DEFAULT

COMES NOW PLAINTIFF, by undersigned counsel and unto this Honorable Court, respectfully alleges:

1. That as attached Sheriffs Return of Manila, defendants Jose Locsin and Josefina Locsin were served

with summons and copies of plaintiffs complaint on March 10, 1982; 2. That up to now defendants have not yet served plaintiff their answer and they are in default.

WHEREFORE, it is respectfully prayed that defendants be declared in default for failure to file answer to thecomplaint within the reglementary period of time and it is further prayed that plaintiff be allowed to present itsevidence ex-parte before the Branch Clerk of Court to any other person appointed by this Honorable Court to receivethe same.

Malabon City for Manila, May, 10, 1992.

_____________________

Counsel for Plaintiff

NOTICE OF HEARING


19/55

Answer

Rule 6, Sec. 4 kinds of pleadingsWhere the defending party sets forthhis defenses


20/55

Answer to a Complaint(Caption and title)

Answer

Defendant thru counsel, and in answer to plaintif fs complaint, respectfully avers:

1. That he admits paragraphs __________, _______________, and ____________ of the complaint;

2. That he is without knowledge or information to form a belief as to the truth of the averments made in paragraphs ___________ and ______________ thereof;

3. That he DENIES specifically each and every material allegation made in paragraphs __________, _________, and _________ of the complaint;and alleges that (Here, state the substance of the matters which he will rely upon to support such specific denial. Where the pleader desires to deny only a part or aqualification of an averment, he shall specify so much of it as a true and material and shall deny only the remainder when the defendant is without knowledge orinformation sufficient to form a belief as to the truth of a material averment made in the complaint, he shall so state)

4. And as AFFIRMATIVE DEFENSES, the defendant alleges:

A. That (Here state as many affirmative defenses as defendant may have. All such grounds of defenses as would raise issues of facts not arising uponspecific denials must be specifically pleaded, including FRAUD, STATUTE OF LIMITATIONS, RELEASE, PAYMENT, ILLEGALITY, STATUTE OF FRAUDS,ESTOPPEL, FORMER RECOVER, DISCHARGE IN BANKRUPTCY, and all other matters by way of confession and avoidance);

B. That _____________;

5. As COUNTERCLAIM against the plaintiff, the defendant alleges:

A. That the defendant reproduces paragraphs _________________, __________________, and ___________ of the plaintiffs complaint;

B. That (here state defendants claim for money or other relief which he may have against the plaintiff; such counterclaim need not diminish or defeatthe recovery sought by the plaintiff, but may claim relief exceeding in amount or different in kind from that sought by the plaintiff, provided that the court has jurisdictionto entertain the claim);

WHEREFORE, it is respectfully prayed that:

a. Prayer for judgment in favor of defendant with respect to plaintiffs complaint;

b. Prayer for judgment in favor of defendant with respect to counterclaim; and

c. For such other relief consistent with law and equity, and for costs.


(Verification)


21/55

Amended Answer

Rule 10 Adding or striking out of allegations ornames of parties, or correctingmistakes, so that actual merits ofcontroversy may be determinedMay be done once as a matter of

rights before responsive pleading isservedMade only by leave of court, when no

longer a matter of right


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23/55

Motion for Judgment on thePleadings

Rule 34When answer fails to tender an issue,or otherwise admits materialallegations of the adverse partyspleading, the court may on motiondirect judgment on such pleading

Proper when no proof is offered ofallegations in answer, or when denialis made generally and not specifically


24/55

Motion for Judgment on thePleadings

(Caption and Title)

Motion for Judgment on the Pleadings

Plaintiff, thru counsel, and unto this Honorable Court, respectfully shows:1. That the defendant, in his answer, admits the material allegations of theplaintiffs complaint;2. That said admission which fails to tender an issue, refers to the followingmatters:3. That a judgment on the pleadings, in view of the above admission, may beentered at this stage of the proceedings.WHEREFORE, it is respectfully prayed that this Honorable Court direct judgment onthe pleadings pursuant to Rule 34 of the Rules of Court.

(Venue, date, signature)

(Notice of Hearing)


25/55

Motion for Judgment onCompromise

Judgment may be rendered on thebasis of a compromise agreementbetween the parties to theaction( Diamond BuildersConglomeration v. Country BankersCorp., 540 SCRA 194) Perfected by mere consentConstitutes res judicata May be assailed by motion to setaside the compromise on the grounds

of a vice on consent


26/55

Motion for Judgment onCompromise

(caption)

MOTION FOR JUDGMENT ON COMPROMISE

COMES NOW the plaintiff and defendant Verizon Corporation, assisted by their respective counsels, and to the HonorableCourt, respectfully submit the following compromise agreement:

1. That the defendant Verizon Corporation shall pay plaintiff in the total sum of PHP 13,000,000.00 andundertakes to do the same within thirty (30) days from date hereof;

2. That plaintiff agrees to the foregoing and hereby waives its claim of interest, costs and attorneys fees.

WHEREFORE, it is respectfully prayed that the foregoing compromise agreement be approved and that judgment berendered in accordance therewith.

Manila, August 10, 2000.

VERITIBLE INC. VERIZON CORPORATION

By: By:

Fernando Dizon Antonio Fernando

NOTE: Considering that this is a joint motion, notice and hearing may not be necessary. However, in order to assureimmediate action by the court, the parties may include a notice to the Branch Clerk of Court for the setting of the motion.


27/55

Motion for New Trial

Rule 37, Sec. 1 Within period of taking appeal Grounds materially affecting substantial

rights:Fraud, accident, mistake or excusablenegligence that could not have been guardedagainst

Newly discovered evidence that would havealtered result that could not have beenproduced with reasonable diligence

Must be supported by affidavits proving

cause


28/55

Motion for New Trial on the Ground of Fraud, Accident, Mistake or Excusable Negligence

(Copy Caption and Title)MOTION FOR NEW TRIAL

COMES NOW , the defendant through the undersigned counsel and to thisHonorable Court, respectfully alleges:

(Allege facts constituting fraud, accident mistake or excusable negligence)

Defendant has good and valid defenses to defeat plaintiffs claim, (State valid defenses.)

In support of this motion, defendant attaches herewith as part hereof, his affidavitsupporting the accident or mistake and his good and valid defenses to defeat plaintiffs claim,as Annex 2

WHEREFORE , defendant prays that the decision be reconsidered, that he begranted a new trial, that the case be set for pre-trial and trial on the merits, and thereafter anew judgment be rendered holding defendant free and harmless from any liability anddismissing the complaint

Place and date.

Signature of CounselVERIFICATION

NOTICE OF HEA RING

PROOF OF SERVICEEXPLANATION


29/55

Motion for New Trial on the Ground ofNewly Discovered Evidence

(Copy Caption and Title)MOTION FOR NEW TRIAL

COMES NOW , the defendant through the undersigned counsel and to this Honorable Court,respectfully alleges:

1. Judgment against defendant was served on defendant on _______.

2. Since said date or receipt if the judgment and before the period to appeal therefrom has lapsed,defendant discovered and presented during trial.

3. The newly discovered evidence consist of the following:

(List and describe the newly discovered evidence.)

4. The affidavit of ___(name of witness)__, by whom such newly discovered evidence is expected tobe given, is attached hereto as Annex 1. Duly authenticated documents, which are proposed to beintroduced in evidence, are attached hereto as Annexes 2 and 3.

5. The above newly discovered evidence would probably alter the results of the case.WHEREFORE, defendant prays that the decision be reconsidered, the case re-opened for trial, defendantbe allowed to present his newly discovered evidence thereat, and thereafter judgment be rendered in favorof defendant.

Place and date.

Signature of Counsel


30/55

Motion for Leave to File ThirdParty Claim

Rule 6, sec. 11 third-party claims A claim that the defendant may haveagainst a person not party to theaction with respect to the complaint,by the plaintiff w/r/t the counterclaim,and by co-party w/r/t cross-claim

arises out of same transactionLeave of court is necessary, whichmay be obtained by motion


31/55

Motion for Leave to File ThirdParty Claim

(Caption and Title)

MOTION FOR LEAVE TO FILE THIRD PARTY COMPLAINT

Defendant by the undersigned attorney respectfully moves this Honorable Court to admit the filing of the attachedthird party complaint, against _________________, for the reasons therein stated, and that the same be served upon the thirdpart defendant __________________, in accordance with law.

WHEREFORE, it is respectfully prayed that the attached third party complaint be admitted and proper summonsbe served in accordance with the Rules of Court.


NOTICE OF HEARING:

To: Counsel for plaintiff

Greetings! Please take notice that on Friday, ________________ at ______________ p.m., or as soon thereafteras the counsel may be heard, the undersigned will ask this Honorable Court to approve the foregoing motion for leave to file theattached third party complaint.

( Attorneys Signature)

Copy furnished: Counsel for Plaintiff


32/55

Motion for Consolidation

Rule 3, Sec. 6 permissive joinder vs.Rule 31, consolidation by order ofcourt

Rule 3 - Actions involving commonquestions of law or fact, sametransaction or set of transactions

Rule 31 not same transactionRule 3 by leave of courtConsolidation may be requested


33/55

Motion for Consolidation(caption)

MOTION FOR CONSOLIDATION

COMES NOW the prosecution, by undersigned Asst. City Prosecutor and to this Honorable Courtrespectfully alleges:

1. That the above-entitled cases are closely related to and inextricably interwoven with one another;2. That these cases are founded on the same facts and/or forming part of a series of similar characterwhich may be tried jointly by one branch of this Honorable Court pursuant to Section 22, Rule 119 of the Rulesof Court on Criminal Procedure; and

3. That the prosecution will be presenting common evidence in these cases.

WHEREFORE, it is respectfully prayed that these cases be consolidated, raffled, and assigned to

only one branch of this Court.

Marikina, July 17, 2005.

JOSEFINA MENDOZA

Asst. City Prosecutor


34/55


35/55

Motion for Intervention(Caption and Title)

MOTION FOR INTERVENTION

INTERVENOR, through counsel, respectfully asks leave to file a complaint inintervention in the above-entitled case, for the following reasons:

1. (Here state that intervenor has a legal interest in the matter in litigation, or in thesuccess of either of the parties, or an interest against both, or that he is so situated as to beadversely affected by a distribution or other disposition of property in the custody of the court or ofan officer thereof);2. That this intervention will not in the least unduly delay or prejudice the rights of theoriginal parties in the case;3. That the intervenors rights can be fully protected in these proceedings rather than byfiling a separate proceeding.

WHEREFORE, it is respectfully prayed that the said _________________ be permittedto intervene in this action by filing a complaint (or answer) in intervention.


(NOTICE OF HEARING)


36/55

Motion for Intervention(Copy Caption and Title)MOTION FOR INTERVENTION

COMES NOW, ___(Name of Intervenor)___, by undersigned counsel and to thisHonorable Court respectfully alleges:1. (allege facts showing intervenors legal interest in the matter under litigation,

and that he may be adversely affected by the result of the proceedings) ...

2. Allowing movant to intervene will not unduly delay the adjudication of the caseand will prevent multiplicity of suits3. Copy of the complaint-in-intervention is attached hereto and is served on the

original parties, as shown by the service of motion along with its enclosedcomplaint-in-intervention.

WHEREFORE, __(Name of Intervenor)__ respectfully prays that he be allowed tointervene in the case as party plaintiff; that the attached complaint-in-intervention beadmitted; and that defendants be ordered to file their answer to the complaint-in-intervention.

Place and date.

Signature of Counsel


37/55

Writ of Possession

A writ of execution employed toenforce a judgment to recover thepossession of land. It commands the

sheriff to enter the land and givepossession of it to the person entitledunder the judgment." [Blacks Law

Dictionary, 5th ed., p. 1444.]


38/55

Writ of Possession A writ of possession may be issued under thefollowing instances:

1. Land registration proceedings under Sec. 17 of Act 496 [Estipona v. Navarro, 69 SCRA 285,291 (1976)]

2. Judicial foreclosure, provided the debtor is inpossession of the mortgaged realty and no thirdperson, not a party to the foreclosure suit, hadintervened; [Ramos v. Manalac, 89 Phil. 270,275 (1951); Rivera v. Court of First Instance, 61

Phil. 201 (1935)]3. Extrajudicial foreclosure of a real estate

mortgage under Sec. 7 of Act 3135 asamended by Act 4118.


39/55

Writ of Possession

May be issued either: Within the one year redemption period, upon

the filing of a bond, or After the lapse of the redemption period,

without need of a bond.Issuance is ministerial in character, as isits implementation

As a rule, any question regarding thevalidity of the mortgage or its foreclosurecannot be a legal ground for refusing theissuance of a writ of possession


40/55

Writ of PossessionSec. 7 of Act 3135, as amended by Act 4118, provides -

"Sec. 7. In any sale made under the provisions of this Act, thepurchaser may petition the Court of First Instance of the province orplace where the property or any part thereof is situated, to give himpossession thereof during the redemption period, furnishing bond in anamount equivalent to the use of the property for a period of twelvemonths, to indemnify the debtor in case it be shown that the sale wasmade without violating the mortgage or without complying with therequirements of this Act.Such petition shall be made under oath and filed in form of an ex partemotion in the registration or cadastral proceedings if the propertyis registered , or in special proceedings in the case of propertyregistered under the Mortgage Law or under sec. 194 of theAdministrative Code , or of any other real property encumbered with amortgage duly registered in the office of any register of deeds inaccordance with any existing law, and in each case the clerk of courtshall, upon the filing of such petition, collect the fees specified in par. 11of sec 114 of Act No. 496, and the court shall, upon approval of thebond, order that a writ of possession issue, addressed to the sheriff ofthe province in which the property is situated, who shall execute said

order immediately."


41/55

Writ of PossessionPetition for Issuance of Writ of Possession

(caption)

IN RE: PETITION FOR ISSUANCE OF

WRIT OF POSSESSION OVER THOSE

PROPERTIES COVERED BY

TCT NO, T-2222 ISSUED BY THE

REGISTRY OF MAKATI IN THE NAME

OF ANGEL LOCSIN

LRA CASE NO. __________

(LRA CAD. REC. NO. ___)

BANCO DE DIAMANTE,

Petitioner.

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

PETITION

PETITIONER, by undersigned counsel, to this Honorable Court respectfully states:

1. Petitioner is a domestic banking institution organized and existing under Philippine laws with principal office at _____________ and with legalcapacity to sue and be sued;

2. That on June 12, 2004, Angel Locsin obtained a P2.5 million loan form petitioner and simultaneously executed a promissory note undertakingto repay the loan pursuant to the terms and conditions stipulated in the said promissory note, a copy of which is hereto attache d as Annex A and made anintegral part hereof;

3. That said Angel Locsin offered as collateral for her loan, by way of real estate mortgage, a parcel of land and the improvements thereon,

situated in Makati City covered by TCT No. 2222 and more specifically described as follows:


42/55

Writ of PossessionTRANSFER CERTIFICATE OF TITLE NO. 2222

(description)

4. That said Angel Locsin defaulted in the settlement of her loan. As of October 12, 2005, her obligation to petitioner totaled P18,000,000inclusive of accrued interests and other charges computed in the pertinent Settlement of Account, copy of which is hereto attach ed and marked as Annex Dand made an integral part of this petition;

5. Demand for payment was made upon the above-named borrower by the same was ignored and disregarded. Copy of said demand letter ishereto attached as Annex E.

6. For her failure and disregard of the demand to pay, petitioner through counsel, addressed a letter petition to the Honorable Executive Judgeof this Court, thorugh the Clerk of Court and Makati Notary Public Jericho Ocampo, to extrajudicially foreclose the mortgage of Angel Locsin pursuant to theterms of her REM and the provisions of Act No. 3135 as ameded . Copy of the letter petit ion for foreclosure is hereto attached as Annex F;

7. Notary Publuc Ocampo accordingly issued a Notice of Auction Sale by Notary Publuc over that property in Makati covered by TCT No. 2222and complied with the posting and publication requirements of Act No. 3135 as ameded. Copies of the Notice, Certificate of Posting, Affidavit of Publication andpertinent issues and pages of the newspaper Abante wherein the Notice was actually printed are hereto attached and made integral parts hereof as Annexes__________;

8. That the auction sale was conducted by Notary Public Ocampo on February 12, 2006 as scheduled. Petitioner participated thereat bysubmitting the highest and winning bid. Thereafter, the Notary awarded the property to petitioner and executed in the latter s favor a Certificate of Sale noted bythe Clerk of Court and approved by the Honorable Executive Judge. Copy of the Crtificate of Sale is hereto attached and made an integral part hereof as AnnexK;

9. The Certificate of Sale was registered in the Registry of Deeds of Makati City on April 20, 2006.

10. Demand was made upon Angel Locsin to vacate subject premises and surrended to petitioner possession thereof but she failed and refusedto comply, hence this Petition.

11. Pursuant to Section 7 of Act No. 3135 as amended which provides: ------------------------

12. The property purchased by petitioner at public auction will fetch a rental of about P800,000 a year, if leased. Petitioner is willing and ready topost a bond equivalent to said amount.

WHEREFORE, it is respectfully prayed that judgment be rendered directing the issuance of a writ of possession over the said propertycovered by TCT No. 2222 of the Registry of Deeds of Makati City placing petitioner in possession of the property that it covered, ordering Angel Locsin as wellas all persons claiming rights under her, to vacate the same or be ejected therefrom, and granting such other reliefs and remedies just and equitable in thepremises.

Makati City, June 12, 2006.

(Signature of counsel)


43/55

Project of Partition

Sec. 1, Rule 90Project of partition of net estateamong heirs

Filed by administrator


44/55

Project of Partition(Caption and Title)

PROJECT OF PARTITION

Administrator in the above-entitled case, through counsel, and unto this Honorable Court, respectfully submits for approval the followingproject of partition:

NET ESTATE OF DECEASED

The net estate of the deceased, ______________, after the payment of all debts, funeral charges, and expenses of administration is asfollows:

(Here state the real and personal property subject to adjudication)

Adjudication

To: ________________, the following:

To: ________________, the following:

WHEREFORE, after due notice and hearing in accordance with law, it is respectfully prayed that the foregoing project of partition beapproved.


With the concurrence and conformity of:

(Name and signature of heirs)

Notice of Hearing


45/55

Petition for InvoluntaryInsolvency

Sec. 20, Act No. 1956Three or more creditors whose total creditsexceed Ph P1,000 (approx. US $25) may seek adeclaration of insolvency against a debtor.The creditors must be Philippine residents whosecredits accrued in the Philippines, and did notbecome creditors by assignment within 30 daysprior to the filing of the petition.The petition for involuntary insolvency must befiled in the Court of the place where the debtorresides or has his/its principal place of business,and must be verified by at least three of thepetitioners. The petition must also allege one ormore acts of insolvency.


46/55


The petition must be accompanied by a bond,in such sum as the Court will direct,conditioned upon the payment to the debtorof all costs and damages occasioned by theproceedings in insolvency if the petition isdismissed by the Court, or withdrawn by thepetitioners, or if the debtor is not declaredinsolvent. The Court may, upon motion, directthe filing of an additional bond when deemednecessary.The Court will require the debtor to showcause why he/it should not be declaredinsolvent. If the Court finds the petitionmeritorious, the Court will issue an orderdeclaring the debtor insolvent.


47/55


Effect: an Order of Insolvency generallysuspends all civil proceedings pendingagainst the debtor. All property of the insolvent not exempt by

law from execution will be conveyed to anassignee-in-insolvency elected by thecreditors. Property that is subject of a pledgeor mortgage is not included in the debtors

assets that are assigned to the assignee-in-insolvency for the satisfaction of the debtorsgeneral creditors.

No discharge is granted to a corporation thatis declared insolvent.


48/55


Rights of secured creditors: A creditor whose credit is secured by a mortgage or pledge is

allowed, at its option, either (i) to foreclose the property subject ofsuch security arrangement (notwithstanding the stay effected bythe Order of Insolvency), or (ii) to pursue his/its claim in theinsolvency proceeding together with other creditors, by releasingor surrendering to the assignee-in-insolvency the propertiessubject of the pledge or mortgage.

If the secured creditor opts for foreclosure, such creditor cannotparticipate in the election of the assignee-in-insolvency. But thecreditor may be admitted in the insolvency proceeding to recover

the balance of the debt, after deducting the value of the propertyforeclosed. The creditor recovers the balance by participating inthe pro-rata distribution of the debtors estate.

If the creditor pursues his claim in the insolvency proceeding, hemay recover his credit by participating in the pro-rata distributionof the debtors estate, but will have to relinquish his security and

surrender the properties subject of the security to the assignee-in-


49/55


Preference of Credits In an insolvency proceeding, certain types of credits enjoypreference with respect to specific movable or immovableproperties (Special Preferred Credits).

Among the Special Preferred Credits, taxes and assessmentsdue upon the property to which the claims relate enjoy absolutepreference. All the remaining classes of Special Preferred Creditswith respect to specific movable or immovable property (e.g.,credits secured by a pledge or mortgage) do not enjoy priorityamong themselves, but must be paid concurrently and pro rata,i.e. , in proportion to the amount of the respective credits.

Credits that do not enjoy any preference with respect to specificproperty are satisfied in the order established in Article 2244 ofthe Civil Code. Article 2244 provides for the preference of certainclaims and credits which, without special privilege, appear in (i) apublic instrument ( i.e. , the instrument is notarized) or (ii) a final

judgment. These credits have preference among themselves inthe order of priority of the dates of the instruments and of the

judgments, respectively.


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Clawback provisions The assignee-in-insolvency may recover property given as security, or thevalue thereof, if the debtor, being insolvent, or in contemplation of insolvency,within 30 days before the filing of a petition to be declared insolvent by oragainst him, procures any of his property to be attached, sequestered, orseized on execution, or makes any pledge, mortgage, assignment, transfer,sale, or conveyance thereof to anyone with a view to: (i) giving a preference toany creditor or person having a claim against him; or (ii) preventing theproperty from being distributed ratably among his creditors; or (iii) defeating theobject of, or in any way hindering, impeding, or delaying the operation of theprovisions of the Insolvency Law. In such a case, the attachment,sequestration, seizure, pledge, mortgage, transfer, sale, assignment, orconveyance is considered void. Under the Insolvency Law, if the pledge,mortgage, conveyance, sale, assignment, or transfer of the property is notmade in the usual and ordinary course of business of the debtor, or if suchseizure is made under a judgment which the debtor has confessed or offeredto allow, that fact is deemed as prima facie evidence of fraud.

Furthermore, any pledge, mortgage, conveyance, sale, assignment,or transfer of property made by the insolvent within one monthbefore the filing of a petition in insolvency by or against him, exceptfor a valuable pecuniary consideration made in good faith, isconsidered void.


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Petition for Review

Rule 41, Sec. 2 (b), Rule 42Mode of appeal to the CA of casesdecided by RTCs in exercise of theirappellate jurisdiction

Rule 42, how filed: Verified petition for review 15 days from notice of decision 7 legible copies, copies of appealed

judgments or orders and pleadings Certification under oath against forumshopping

Jurisdiction vests in CA, but RTC mayorder preservation of rights


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Petition for Review(Caption and Title)

PETITION FOR REVIEW

Petitioner, through counsel, and unto this Honorable Court of Appeals, respectfully asks for the review of the decision of the Secretary ofTransportation and Communication rendered in the above-entitled case dated _________________ (and here state the nature of said decision).

Summary Statement of Issues

A summary statement of the facts of this case and the issues involved are as follows:

(Here, state briefly in chronological order the facts of the case, the legal questions involved and the decision rendered. No question may beraised which has not been raised before the Commission. Only questions of law, which must be distinctly set forth, may be raised in a petition for review of anorder or decision rendered by the concerned agency.)

Reasons relied upon for allowance of a review

(Here, state the reasons or arguments on each of the issues or questions involved, briefly and clearly.)

Prayer

WHEREFORE, in view of all the foregoing, petitioner prays that this Honorable Court of Appeals grant this petition for review, and to order theSecretary of Transportation and Communication to elevate to this Court the transcript of records of this case, and all the evidence introduced thereat,documentary as well as testimonial, in order that the same may be reviewed in accordance with law; and that pending this review, the decision of theCommission sought herein to be reviewed be stayed.

(Venue, date signature)

(Verification and Certification)


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Notice of Appeal

Sec. 2(a) and 5, Rule 41Ordinary appeals of cases decidedby RTC in exercise of original

jurisdictionRecord on appeal not required, exceptin special proceedings and cases of

multiple or separate appeals, or whencase not completely disposed ofFiled with RTC that rendered decision

15 days from notice of judgment


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Notice of Appeal(Caption and Title)

NOTICE OF APPEAL

DEFENDANT (or plaintiff as the case may be) bythe undersigned counsel hereby files a notice of appealfrom the judgment of this Honorable Court in the above-entitled case, dated ________________, a copy of whichwas received by counsel on _____________________,and appeals the same to the Court of Appeals.


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