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PLEADINGS, PETITIONS, MOTIONS AND OTHER JUDICIAL AND LEGAL
FORMS
(Revised 2007)1
THEODORE O. TE2
Intended for Exclusive Use of the University of the Philippines
College of Law Bar Examination Candidates for 2007, the Law Interns
of U.P. Office of Legal Aid (UP-OLA), and the students in the
authors classes.
Any other use, without permission of the author, is prohibited
and all legal rights are reserved.
1 These forms were first published in 1998 for use in the UP Law
Bar Ops for that year. 2 Assistant Professor and Director,
University of the Philippines Office of Legal Aid; Ll.B., U.P.
(1990); Grateful acknowledgement is given to Feliz Marie M.
Guerrero, Ll.B. U.P. (2008, expected) for invaluable assistance in
re-formatting, proofreading and updating of legal references.
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TABLE OF CONTENTS Table of Contents ii On Writing, Legally v I.
COMMON FORMS
A. Caption and Title 1 B. Prayer 1 C. Jurat 1 D. Verification 2
E. Certification against Forum Shopping 2 F. Combined Verification
and Certification against Forum Shopping 2 G. Combined
Verification, Certification against Forum Shopping, and
Statement
of Material Dates 3 H. Request for and Notice of Hearing 3 I.
Proof of Personal Service 3 J. Proof of service by registered mail
(with Explanation for failure to serve
personally) 4 K. Place, date, signature, address, Roll number,
IBP receipt number, PTR
number 4 L. Acknowledgement 5 M. Notice of Appeal 5
II. PLEADINGS AND OTHER LEGAL DOCUMENTS IN CIVIL PROCEDURE
A. Complaint (and other initiatory pleadings) 1. Complaint for
ejectment with damages 6 2. Complaint for sum of money 7 3.
Complaint for Replevin 8 4. Complaint to set period of years for
lease 9
B. Answer with affirmative defenses and counterclaims 1. Answer
with compulsory counterclaim 10 2. Answer with counterclaim and
cross-claim 12
C. Pre-trial Brief 13 D. Motions
1. Motion to Dismiss (with Request for and Notice of Hearing) 15
2. Motion for leave of court to file pleading (with explanation for
service by
registered mail) 16 3. Motion for Judgment on the Pleadings 17
4. Ex parte motion to set for trial 18 5. Motion for postponement
19 6. Motion for extension of time 20 7. Motion to declare
defendant in default 21 8. Motion to lift order in default 22
E. Special Civil Actions 1. Certiorari (with Injunction and/or
TRO), Prohibition and Mandamus
a. Certiorari 23
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b. Prohibition 24 c. Mandamus 25
2. Quo warranto, Interpleader, Quieting of Title, and
Declaratory Relief a. Complaint in Interpleader 26 b. Action to
Quiet (or Remove Cloud on) Title 27 c. Action for Declaratory
Relief 28 d. Quo Warranto 29
III. PLEADINGS AND OTHER LEGAL FORMS IN CRIMINAL PROCEDURE
A. Complaint-Affidavit and Counter-Affidavit 1.
Complaint-Affidavit 30 2. Counter-Affidavit 31
B. Information and Complaint 1. Information (with Certificate of
Preliminary Investigation or Inquest)
a. Bigamy 33 b. Theft 34 c. Attempted Rape 35 d. Frustrated
Murder 36
C. Motions 1. Motion to Quash Information 37 2. Motion to Quash
Search Warrant 38 3. Motion to Suppress Evidence 39 4. Motion for
Bail 40
D. Application for Bail 41 IV. PLEADINGS AND OTHER LEGAL
DOCUMENTS COMMON TO CIVIL AND CRIMINAL
PROCEDURE A. Offer of Evidence and Opposition/Comment to
Offer
1. Formal Offer of Evidence 42 2. Comment/Opposition to Offer
43
B. Demurrer to the Evidence 1. Criminal cases 44 2. Civil cases
45
C. Notice of Lis Pendens 46 D. Appearance as Counsel 47 E.
Withdrawal as Counsel
1. Withdrawal with conformity of client 48 2. Withdrawal without
conformity of client 48
F. Substitution of Counsel 49 G. Notice of Appeal 49
V. PLEADINGS AND LEGAL DOCUMENTS ON DOMESTIC CASES AND
SPECIAL
PROCEEDINGS A. Petition for Habeas Corpus 50 B. Petition for
Adoption 51 C. Petition for Declaration of Nullity of Marriage with
Application for Provisional 52
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Orders D. Petition for Probate of Holographic Will 54
VI. DEEDS, CONTRACTS AND OTHER CORPORATE LEGAL DOCUMENTS
A. Special Power of Attorney 55 B. General Power of Attorney 55
C. Contract of Lease 56 D. Holographic Will 57 E. Notarial Will 57
F. Attestation Clause for a Notarial Will 58 G. Acknowledgement of
a Notarial Will 58 H. Donation Inter Vivos 59 I. Acknowledgment of
Nominee Status with Assignment of Shares 60 J. Secretarys
Certificate 61 K. Board Resolutions
1. Authority to Act 61 2. Increase in number of directors and
necessary amendment to the Articles
of Incorporation 61 L. Deed of Assignment 62 M. Deed of Sale of
Registered Land (unilateral) 63 N. Deed of Sale of Unregistered
Land (unilateral) 64 O. Deed of Sale with Pacto de Retro
(bilateral) 65 P. Deed of Repurchase of land sold under Pacto de
Retro 66 Q. Deed of Sale with Mortgage 67 R. Dacion en Pago (Deed
of Assignment of Real Estate in payment of debt) 68 S. Chattel
Mortgage 69
VII. APPEALS AND OTHER RESORTS TO APPELLATE COURTS IN CRIMINAL
AND CIVIL
PROCEDURE A. Ordinary Appeals
1. in civil cases 70 a. from MTC (in original jurisdiction) to
RTC (in appellate jurisdiction) 70 b. from RTC (in original
jurisdiction) to CA 70
2. in criminal cases a. from MTC (as trial court) to RTC (in
appellate jurisdiction) 70 b. from RTC (as trial court) to CA 70 c.
from RTC (as trial court) to SC 70
B. Petitions for Review 1. from RTC (as appellate court) or from
quasi-judicial agencies to CA 71 2. from RTC (on pure questions of
law) or CA (in appellate jurisdiction) to SC 71
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ON WRITING, LEGALLY
Therefore, its name was called Babel, because there the Lord
confused the language of all the earth. Genesis, 11:9, ESV
If brevity is the soul of wit, what now is to become of lawyers
(and law students) who would nonchalantly write a 100-page document
and dare call it a Brief?
The traditional notion of legal writing is that it is a
competition to put together as many
four to five-syllable words in a one-paragraph sentence. The
language of the law mystifies and with this comes the power of the
lawyer. The more obscure and obtuse the language, the greater the
need for a lawyer.
History has given us many language handicaps and obstacles to
clarity and precision.
Throughout four years of law school, the law student, who
eventually becomes a lawyer, is trained to think in archaic words
and phraseslegalesewhich appear to have legal significance but is
actually too imprecise to help anyone understand what is going on.
And to add to the babelish situation, there are hundreds of words
in a dead languageLatinthat have little relevance to the
contemporary world.
There is a sea change, however, going on in legal writing. More
and more, pleaders are
asked to be clear and concise, precise not pedantic. Why waste
five words when three will do?3 But change, as always, is difficult
and painful. Yet, it is an essential response to todays evolving
legal profession. Indeed, when the most common means now of
communicating is text, with its own subculture and lingo, there
must be a re-examination of the archaic manner by which legal
writing presents itself.
What this short introduction to the accompanying handbook of
Pleadings, Petitions,
Motions and Other Legal and Judicial Forms seeks to do is to put
forth the need to write clearly and concisely, precisely but not
pedantically.
When a judges attention span is short and his backlog of reading
is long, the need to
write concisely, clearly, precisely but not pedantically becomes
absolutely clear. Writing concisely and not pedantically, however,
does not mean that the legal writer
ought to cut corners when it comes to substance as well as form;
the only thing that that guarantees is a baleful stare and a rude
dismissal from the judge. Not only must the writer know the
arguments and the bases for his arguments, but she must also
realize that these arguments need to be presented in a manner that
is technically sufficient.
3 My favorite, and many of my students will attest to this, is
the absolutely archaic Comes Now, the Plaintiff, by the undersigned
counsel, unto this Honorable Court, respectfully states that as
part of every pleading. Why waste 15 words, when 6 will do, thus:
Plaintiff, by counsel, respectfully states that. The latter loses
none of the legal gravitas but loses every bit of the archaic
pretense that mystifies the law and perpetuates the notion that
laywers know what they are doing each and every time.
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It is hoped that the forms presented here, with checklists4 of
legal requirements and short annotations, will provide the impetus
for demystifying legal writing and legal drafting. These forms come
from actual forms used in the authors practice, some from worthy
opponents and still some from traditional form books, with updates
to fit the current state of the Rules.
While this handbook was produced, primarily, with the bar
examinees and the law intern
or law student in mind, it is hoped that it might prove helpful
as well when September ends5 and life, as a lawyer, begins in
earnest.
Theodore O. Te Room 105, Malcolm Hall
University of the Philippines August 2007
4 Acknowledgment is given to Atty. Alex M. Enriquez, (Ll.B., UP,
1990) for the original template of the Checklists, which have been
updated to suit current practice. 5 Vide Green Day, Wake Me Up When
September Ends, which has become an unofficial anthem for bar
examinees in the Philippines.
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I. COMMON FORMS A. Caption and Title
Republic of the Philippines
National Capital Judicial Region REGIONAL TRIAL COURT
Branch 1, Manila ____________________, Plaintiff, -versus- Civil
Case No._______________ For _______________________
______________________, Defendant. x - - - - - - - - - - - - - - -
- - - x
B. Prayer
PRAYER
WHEREFORE it is respectfully prayed, after notice and hearing,
that the defendant be ordered to pay the plaintiff the amount of
One Million Pesos (Php.1,000,000) for actual and compensatory
damages, Fifty Thousand Pesos (Php.50,000) for moral damages, Fifty
Thousand Pesos (Php.50,000) for exemplary damages, and Fifty
Thousand Pesos (Php.50,000) for attorneys fees.
Other just and equitable reliefs are also prayed for.
C. Jurat
SUBSCRIBED AND SWORN TO before me in the City of _______________
on this day of _________________, affiant exhibiting before me his
community tax certificate no. _______________ issued on
__________________ at _____________________.
(Sgd.) N. O. TARIO Notary Public
Until __________________ PTR No. _______________ Issued at
______________ On ___________________
Doc. No. Page No. Book No. Series of 2007.
Feliz Guerrero 8/12/07 2:11 PMComment [1]: The CAPTION is that
part of the pleading, which sets forth: 1. the name of the court 2.
the title of the action 3. the docket number, if assigned (Sec. 1,
par. 1, Rule 7, ROC).
Feliz Guerrero 8/12/07 2:11 PMComment [2]: The TITLE indicates
the names of the parties, who shall be named in the original
complaint or petition. However, in subsequent pleadings, it shall
be sufficient if the name of the 1st party on each side be stated
with an appropriate indication when there are other parties. Their
respective participation in the case shall be indicated (Sec. 1,
par. 2 &3, Rule 7, ROC).
Feliz Guerrero 8/12/07 2:11 PMComment [3]: The JURAT accompanies
any notarized document that is declaratory in nature, as opposed to
a notarized document that transmits rights or property, which must
be accompanied by an ACKNOWLEDGMENT. Note that if the document is
subscribed before a public officer duly authorized to take oaths,
then there is no need for the affiant to produce a CTC nor for the
entry into a Notarial Register; thus, the italicized portion of the
JURAT is dispensed with but not the oath itself.
Feliz Guerrero 8/12/07 2:11 PMComment [4]: JURAT refers to an
act in which an individual, on a single occasion: 1. appears in
person before a notary public (NP) and presents an instrument or
document 2. is personally known to the NP or identified by the NP
through competent evidence of identity as defined by these Rules 3.
signs the instrument or document in the presence of the NP 4. takes
an oath or affirmation before the NP as to such instrument or
document (Sec. 5, 2004 Rules on Notarial Practice, A.M. No.
02-8-13-SC effective August 1, 2004).
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D. Verification
VERIFICATION Republic of the Philippines ) City of
_______________ ) s.s.
C.K. Hilfiger, after having been duly sworn in accordance with
law, deposes and states that: 1. He is the plaintiff in the
pleading/document entitled (pleading/document being verified) 2. He
has caused its preparation 3. He has read it and the allegations
therein are true and correct of his own knowledge or
based on authentic records.
(Sgd.) C.K. HILFIGER PLUS: Jurat NOTE: Pleadings required to be
verified
1. All pleadings under the Rules of Summary Procedure 2.
Complaints for
a. Forcible entry b. Unlawful detainer c. Replevin
3. Complaints with application for injunction or attachment 4.
Answer to complaint or counterclaim based on actionable documents
5. Petitions for
a. Certiorari b. Prohibition c. Mandamus d. Habeas Corpus e.
Change of Name
E. Certification against Forum Shopping
CERTIFICATION AGAINST FORUM SHOPPING Republic of the Philippines
) City of _______________ ) s.s.
C.K. Hilfiger, after having been duly sworn in accordance with
law deposes and states that: 1. He is the plaintiff in the case
entitled (title of the case); 2. He certifies that he has not
commenced any action or filed any claim involving the same
issues before any other court, tribunal or quasi-judicial
agency; 3. To the best of his knowledge, there is no such pending
action or claim; 4. If he should learn that a similar action or
claim has been filed or is pending he shall report
such fact within five (5) days from the discovery to this
Honorable Court.
(Sgd.) C.K. HILFIGER PLUS: Jurat
F. Combined Verification and Certification against Forum
Shopping
VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING I, C.K.
Hilfiger, of legal age, do hereby state that: I am the Chief
Executive Office of Alis Di-yan Company and in such capacity,
caused this Complaint to be prepared; I have read its contents and
affirm that they are true and correct to the best of my own
personal knowledge; I hereby certify that there is no other case
commenced or pending before any court involving the same parties
and the same issue and that, should I learn of such a case, I shall
notify the court within five (5) days from my notice. IN WITNESS
WHEREOF, I have signed this instrument on _____________.
(Sgd.) C.K. HILFIGER PLUS: Jurat
Feliz Guerrero 8/12/07 2:11 PMComment [5]: 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 (Sec. 4, par. 2, Rule 7,
ROC). Under Sec. 4, par.3, Rule 7, a verification based on
information and belief or upon knowledge, information and belief is
considered defective and the pleading unverified/unsigned.
Feliz Guerrero 8/12/07 2:12 PMComment [6]: 1994 and 2004 Bar
Exams
Feliz Guerrero 8/12/07 2:12 PMComment [7]: Under Rule 7, Sec. 5,
the plaintiff or principal party must certify under oath in the
complaint, initiatory pleading, or sworn certification that: 1.he
has 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
there 2. if there is such other pending action or claim, a complete
statement of its present status, and 3. 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 5 days to the court where
his complaint or pleading was filed. Failure to comply with this
reqt is not curable by mere amendment but shall be cause for
dismissal w/o prejudice, UNLESS otherwise provided, upon motion and
after hearing. Submission of a false certification or
non-compliance with its undertakings shall constitute indirect
contempt of court, w/o prejudice to corresponding admin and crim
actions.
Feliz Guerrero 8/12/07 2:12 PMComment [8]: 2004 Bar Exams
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G. Combined Verification, Certification against Forum Shopping,
and Statement of Material Dates
VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
I, C.K. Hilfiger, of legal age, do hereby state that: I am the
Chief Executive Office of Alis Di-yan Company and in such capacity,
caused this Complaint to be prepared; I have received a copy of the
[Order/Resolution/Decision] of the Court on 13 April 2007; I have
read its contents and affirm that they are true and correct to the
best of my own personal knowledge; I hereby certify that there is
no other case commenced or pending before any court involving the
same parties and the same issue and that, should I learn of such a
case, I shall notify the court within five (5) days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on
_____________.
(Sgd.) C.K. HILFIGER PLUS: Jurat
H. Request for and Notice of hearing
REQUEST FOR & NOTICE OF HEARING THE BRANCH CLERK OF COURT
Metropolitan Trial Court Quezon City, Branch 39 Please submit the
foregoing Motion to the Court for its consideration and approval
immediately upon receipt hereof and kindly include the same in the
courts calendar for hearing on Friday, 13 April 2007 at 8:30 in the
morning. ATTICUS FINCH 1 MockingBird Street Timog Avenue, Quezon
City Please take notice that counsel has requested to be heard on
Friday, 13 April 2007 at 8:30 in the morning.
(Sgd.) MITCH MCDEERE Counsel for Defendant
2 The Firm Laguna Street, Quezon City
I. Proof of personal service Copy furnished through personal
service: Atty. Mitch McDeere Counsel for the Defendant 2 The Firm
Laguna Street, Quezon City
Feliz Guerrero 8/12/07 2:12 PMComment [9]: NOTE: The Notice of
Hearing is actually both a REQUEST and a NOTICE; a REQUEST for the
Branch Clerk of Court to include the motion in the calendar for
hearing on a specific date and a NOTICE to opposing counsel of the
hearing date requested. In non-litigious motions or ex parte
motions, it is sufficient that the request not contain a date, and
for that purpose, the underlined portion in the Request may be
omitted with the Notice to opposing counsel simply stating that
counsel will submit the motion to the court for approval
immediately upon receipt.
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J. Proof of service by registered mail (with Explanation for
failure to serve personally)
Copy furnished through registered mail: Atty. Mitch McDeere
Counsel for the Defendant 2 The Firm Laguna Street, Quezon City
Registry Receipt No. ________ Post Office ________________ Date
_____________________
EXPLANATION The foregoing (designation of pleading, motion,
etc.) and its attachment were served on Atty. Mitch McDeere by
registered mail instead of personal service as counsel for
petitioner only has one messenger and personal service would have
resulted in the motion not being filed on time to the detriment of
petitioner.
(Sgd.) ATTICUS FINCH Republic of the Philippines ) City of
_______________ ) s.s.
AFFIDAVIT
I, HARPER LEE, a messenger of Atty. Atticus Finch, with office
address at __________________, after being duly sworn, deposes and
states:
That on ______________________, I served a copy of the following
pleadings/papers by
registered mail in accordance with Section 10, Rule 13 of the
Rules of Court:
Nature of Pleading/Paper ________________________
________________________
in Case No. _________________ entitled ____________________ by
depositing a copy in the post office in a sealed envelope, plainly
addressed to (name of party or his/her attorney) at _______________
with postage fully paid, as evidenced by Registry Receipt No.
_____________________ attached and with instructions to the post
master to return the mail to sender after ten (10) days if
undelivered.
TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on
13 April 2007, in the City of
Manila, Philippines.
(Sgd.) HARPER LEE Affiant
PLUS: Jurat
K. Place, date, signature, address, Roll number, IBP receipt
number, PTR number
City of Manila, 13 April 2007.
Atty. Mitch McDeere Counsel for the Defendant 2 The Firm, Laguna
Street, Quezon City, Metro Manila Roll No. IBP OR No., date and
place of issue PTR OR No., date and place of issue
Feliz Guerrero 8/12/07 2:12 PMComment [10]: The requirement is
for a written explanation if service is done by registered mail
instead of by personal service; the explanation need not be
verified, it being required only that it is signed. However, in the
Supreme Court, where an Affidavit of Service is required, it may be
practical to combine the Explanation and the Affidavit of Service.
Cf. Rule 13, sections 11 and 13.
Feliz Guerrero 8/12/07 2:13 PMComment [11]: As per SC En Banc
Resolution on Bar Matter No. 1132 dated Nov. 12, 2002, all
pleadings must indicate the ff: 1. Roll of Attorneys number of
counsel 2. Current Professional Tax Receipt number (PTR No.) 3. IBP
Official Receipt or Life Member number
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L. Acknowledgment Republic of the Philippines ) City of Manila )
s.s. BEFORE ME, this 13th day of April, 2007 in the City of Manila,
Philippines, personally appeared ATTICUS FINCH, with [Valid
Identification Document] (Drivers License No. N25-07-007777) issued
by the [official agency] (Land Transportation Office) on 10 January
2007, known to me to be the same person who executed the foregoing
instrument, and who acknowledged to me that the same is his free
act and deed. IN WITNESS WHEREOF, I have set my hand and affixed my
Notarial seal on the day, year and place written.
(Sgd.) N. O. TARIO Notary Public
Until __________________ PTR No. _______________ Issued at
______________ On ___________________
Doc. No. Page No. Book No. Series of 2007 NOTE: If the
instrument consists of 2 or more pages, include the following after
the 1st paragraph: This instrument, consisting of ___ pages,
including the page on which this acknowledgment is written, has
been signed on the left margin of each and every page thereof by
___________ and his witnesses (if any), and sealed with my Notarial
seal. NOTE: If the instrument conveys 2 or more parcels of land,
include the following after the 1st paragraph: This instrument
relates to the sale (or mortgage) of ___ parcels of land, and
consists of ___ pages including the page on which this
acknowledgment is written, each and every page of which, on the
left margin, having been signed by ______________ and his witnesses
(if any), and sealed with my Notarial seal.
M. Notice of Appeal
NOTICE OF APPEAL Defendant, ABC, by counsel, respectfully
appeals to this Honorable Court the Decision of the lower court
dated 13 April 2007, a copy of which he received on 26 April 2007.
Quezon City, 2 May 2007.
(Sgd.) MITCH MCDEERE Counsel for Defendant
2 The Firm Laguna Street, Quezon City
Feliz Guerrero 8/12/07 2:13 PMComment [12]: 1976, 1994 and 2004
Bar Exams
Feliz Guerrero 8/12/07 2:13 PMComment [13]: The Notary Publics
seal must be impressed on every page of the document notarized.
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II. PLEADINGS AND OTHER LEGAL DOCUMENTS IN CIVIL PROCEDURE A.
Complaint (and other initiatory pleadings)
1. Complaint for ejectment with damages
[1] Regional Trial Court National Capital Judicial Region
METROPOLITAN TRIAL COURT
Quezon City, Branch 33
ALIS DI-YAN COMPANY, Plaintiff, Civil Case No. 2222 - versus -
For: Ejectment YOKO NGA, Defendant. x
----------------------------------- x
COMPLAINT PLAINTIFF, by counsel, respectfully states that: [2]
1. Plaintiff is a foreign corporation organized and existing under
the laws of France with business address at 111 Ocean Drive, Tuna
Compound, Quezon City; Defendant is a Filipino, of legal age,
single and currently resident of 112 Ocean Drive, Tuna Compound,
Quezon City, where he may be served with summons and other
pertinent processes. [3] 2. Plaintiff owns that property located at
112 Ocean Drive, Tuna Compound, Quezon City which it leased to
defendant under the terms and conditions stated in the Contract of
Lease dated 1 January 2005, which contract expires on 31 December
2006. A copy of the contract is attached as ANNEX A. 3. Upon
expiration of the contract, plaintiff informed defendant of its
intention not to renew the lease as it would use the property for
its business expansion; plaintiff then asked defendant to vacate
the premises. A copy of plaintiffs letter to defendant is attached
as ANNEX B. [4] 4. Despite demand duly made and received, defendant
has refused to vacate the premises and continues to occupy the
property without plaintiffs consent. Resort to the Barangay
conciliation system proved useless as defendant refused to appear
before the Lupong Tagapamayapa. A Certification to File Action is
attached as ANNEX C. 5. Defendants act of dispossession has caused
plaintiff to suffer material injury because plaintiffs business
expansion plans could not be implemented despite the arrival of
machineries specifically leased for this purpose at the rental rate
of US$500 per month. Defendants continued occupation of the
premises has also forced plaintiff to sue and to incur legal
expenses amounting to Fifty Thousand Pesos (P50,000.00). [5]
WHEREFORE, plaintiff respectfully prays for judgment in its favor
by ordering defendant to vacate the property and peacefully turn
over possession to plaintiff and for defendant to pay plaintiff the
amount of US$3,500 representing rentals on the machineries for
seven (7) months and Fifty Thousand Pesos (P50,000.00) for
Attorneys fees. Other just and equitable reliefs are also prayed
for. [6] Quezon City; 13 April 2007.
[7] (Sgd.) ATTICUS FINCH Counsel for Plaintiff
[Address] PLUS:
1. [8] Verification and Certification against Forum Shopping 2.
Jurat
Feliz Guerrero 8/12/07 2:14 PMComment [14]: Checklist: 1.
Caption and Title 2. Parties/Capacity of Parties 3. Material
Allegations of Ultimate Facts 4. Statement of Cause(s) of Action 5.
Prayer/Reliefs 6. Date/Place of Execution 7. Signature of Counsel
8. Verification and Certification Against Forum Shopping
Feliz Guerrero 8/12/07 2:14 PMComment [15]: 1976, 1982, 1985,
1988, 1993, 1994, 1996, 1997 and 2000 Bar Question
Feliz Guerrero 8/12/07 2:14 PMComment [16]: This particular
allegation may actually be unnecessary considering the facts given
and that the plaintiff is a juridical person. It is included in
this complaint simply for educational purposes as a representative
allegation of this fact.
Feliz Guerrero 8/12/07 2:14 PMComment [17]: A new requirement
specifically provided under Rule 7, section 2(d).
Feliz Guerrero 8/12/07 2:14 PMComment [18]: Significant
amendment introduced by 1997 Rules on Civil Procedure; cf. Rule 7,
section 3.
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2. Complaint for sum of money
[1] Republic of the Philippines National Capital Judicial
Region
REGIONAL TRIAL COURT Branch 101, Makati City
ESTA PADORA, Plaintiff, Civil Case No. 000882 - versus - For:
Sum of Money MANGGA GANTSO, Defendant. x --------------------------
x
COMPLAINT PLAINTIFF, by counsel, respectfully states that: [2]
1. Plaintiff is a Filipino, of legal age, and resident of 6750
Forbes Park, Makati City; defendant is also a Filipino, of legal
age and resident of 6752, Forbes Park, Makati City, where he may be
served with summons and other processes. [3] 2. Sometime in January
2005 and over a period of six (6) months, defendant borrowed
certain amounts from plaintiff. Defendant promised to pay these
amounts on an installment basis monthly. These amounts now total
Nine Hundred Thousand Pesos (P900,000.00). [4] 3. Despite repeated
demands, both oral and written, defendant failed or has refused to
pay any amount to plaintiff as no installment payment has even been
made. A copy each of plaintiffs two (2) demand letters is attached
as ANNEX A and B. 4. Resort to the Barangay Conciliation process
proved fruitless as defendant failed to appear, despite notice on
him to appear. Thus, a Certification to File Action, a copy of
which is attached as ANNEX C, was issued by the Barangay Chairman.
5. Defendants obligation is due and demandable and plaintiff is
entitled to the payment of the entire amount of Nine Hundred
Thousand Pesos (P900,000.00) plus legal interest. 6. By reason of
defendants unreasonable failure or refusal to pay his due and
demandable obligation, plaintiff was forced to engage the services
of counsel to vindicate his rights thereby committing himself to
pay legal expenses amounting to Fifty Thousand Pesos (P50,000.00).
[5] WHEREFORE, plaintiff respectfully prays for judgment in his
favor through a Decision directing defendant to pay him NINE
HUNDRED THOUSAND PESOS (P900,000.00), with legal interest, as
ACTUAL DAMAGES and FIFTY THOUSAND PESOS (P50,000.00) as Attorneys
Fees. Other just and equitable reliefs are also prayed for. [6]
Quezon City for Makati; 13 April 2007.
[7] (Sgd.) ATTICUS FINCH Counsel for Plaintiff
[Address] PLUS: [8] Verification and Certification against Forum
Shopping
Feliz Guerrero 8/12/07 2:14 PMComment [19]: 1978 Bar
Question
Feliz Guerrero 8/12/07 3:02 PMComment [20]: Checklist: 1.
Caption and Title 2. Parties/Capacity of Parties 3. Material
Allegations of Ultimate Facts 4. Statement of Cause(s) of Action 5.
Prayer/Reliefs 6. Date/Place of Execution 7. Signature of Counsel
8. Verification and Certification Against Forum Shopping
Feliz Guerrero 8/12/07 2:15 PMComment [21]: Please note that
this portion is indispensable to the filing of a Complaint as it is
required that every Complaint state in the body as well as in the
prayer the amount of damages sought. This is jurisdictional and a
complaint that fails to comply with this requirement is fatally
defective.
-
8
3. Complaint for Replevin
[1] Republic of the Philippines National Capital Judicial
Region
REGIONAL TRIAL COURT Branch 101, Makati City
HURTS RENT-A-CAR, represented by AKIN NAYAN, Plaintiff, Civil
Case No. 000088
- versus - YOKO NGA, Defendant.
x----------------------------------- x
COMPLAINT Plaintiff, by counsel, respectfully states that: [2]
1. Plaintiff is the general manager of Hurts Rent-A-Car with
offices at Makati City; defendant is a Tongan, temporarily residing
at Bayview Hotel, Roxas Boulevard, Manila. [3] 2. Hurts Rent-A-Car
is the registered owner of a Honda CRV with license plate number
XLV-675, which defendant, on 3 March 2005, rented from plaintiff
for a period of one (1) week. [4] 3. On 15 March 2005, plaintiff
demanded from defendant the return of the car but defendant failed
and refused to do so. 4. The car has not been taken for a tax
assessment or a fine pursuant to law nor has it been seized on
execution or attachment. Its present value is approximately Nine
Hundred Thousand Pesos (P900,000.00). 5. Plaintiff is ready,
willing and able to give bond in defendants name in double the
value of the property for the return of the property to defendant
should that be adjudged or for the payment of such sum that
defendant may recover from plaintiff in this action. [5] WHEREFORE,
plaintiff respectfully prays that the writ of replevin issue
directing the Sheriff or any other authorized officer to take
possession of the car and dispose of it in accordance with the
Rules of Court and, after hearing, judgment be rendered declaring
plaintiff to be lawfully entitled to the possession of the car and
sentencing defendant to pay its value. [6] Quezon City for Makati
City; 13 April 2007.
[7] (Sgd.) MITCH MCDEERE Counsel for the Plaintiff
[Address] PLUS: [8] Verification and Certification against Forum
Shopping
Feliz Guerrero 8/12/07 2:15 PMComment [22]: 1986 Bar
Question
Feliz Guerrero 8/12/07 3:02 PMComment [23]: Checklist: 1.
Caption and Title 2. Parties/Capacity of Parties 3. Material
Allegations of Ultimate Facts 4. Statement of Cause(s) of Action 5.
Prayer/Reliefs 6. Date/Place of Execution 7. Signature of Counsel
8. Verification and Certification Against Forum Shopping
-
9
4. Complaint to set period of years for lease
[1] Republic of the Philippines National Capital Judicial
Region
REGIONAL TRIAL COURT Branch 161, Pasig City
NANG UUPA, Plaintiff, Civil Case No. 00111
- versus - NAGPA PAUPA, Defendant. x ----------------------
x
COMPLAINT PLAINTIFF, by counsel, respectfully states that: [2]
1. Plaintiff and Defendant are both Filipino citizens and of legal
age; plaintiff resides at 1-A, Cruz Street, Pasig City while
defendant resides at 2 Frisco Street, Pasig City, where he may be
served with summons. [3] 2. On 1 January 2003, defendant leased to
plaintiff the premises at 1-A Cruz Street, Pasig City for a monthly
rental of One Thousand Pesos (P1,000.00) to be paid within the
first five (5) days of each month. 3. There is no fixed period for
the lease agreement except that rentals are to be paid by the
month. [4] 4. Plaintiff has been paying the rentals as they fall
due each month, without fail. However, on 4 April 2006, defendant
gave notice to plaintiff that he is terminating the lease agreement
by the end of August 2006. 5. Considering that the period of lease
has not been fixed, this Honorable Court may fix a longer period of
time as the lessee has been occupying the place for a period of
three (3) years. A period of two (2) years is reasonable
considering that the lessee has no place to transfer to immediately
and that he has introduced substantial improvements to the premises
amounting to Fifty Thousand Pesos (P50,000.00). [5] WHEREFORE, it
is respectfully prayed that this Honorable Court fix a period of
years for the lease between plaintiff and defendant. [6] Quezon
City for Pasig City; 13 April 2007.
[7] (Sgd.) ATTICUS FINCH Counsel for Plaintiff
[Address] PLUS: [8] Verification and Certification against Forum
Shopping
Feliz Guerrero 8/12/07 3:03 PMComment [24]: Checklist: 1.
Caption and Title 2. Parties/Capacity of Parties 3. Material
Allegations of Ultimate Facts 4. Statement of Cause(s) of Action 5.
Prayer/Reliefs 6. Date/Place of Execution 7. Signature of Counsel
8. Verification and Certification Against Forum Shopping
-
10
B. Answer with affirmative defense and counterclaim 1. Answer
with compulsory counterclaim
[1] Regional Trial Court
National Capital Judicial Region METROPOLITAN TRIAL COURT
Branch 33, Quezon City ALIS DI-YAN COMPANY, Plaintiff, Civil
Case No. 2222
- versus - For : Ejectment
YOKO NGA, Defendant. x ----------------------------------- x
ANSWER (With COUNTERCLAIM)
DEFENDANT, by counsel, respectfully states that:
Admissions/Denials [2] 1. He admits the contents of paragraph 1
only insofar as his personal circumstances but specifically denies
the contents insofar as plaintiffs personal circumstances for the
reason stated in the Affirmative Defenses below. 2. He admits the
contents of paragraph 2 only where it states that a Contract of
Lease was entered into but specifically denies that the Contract
reflects the true intent of the parties as explained in the
Affirmative Defenses below. 3. He admits the contents of paragraph
3 only as to the fact that demand to vacate was made but
specifically denies its contents as to the truth of the reasons for
the letter for lack of knowledge sufficient to form a reasonable
belief as to its truth or falseness.. 4. He specifically denies the
contents of paragraphs 4 to 6 for the reasons stated in the
Affirmative Defenses below.
Affirmative Defenses [4] 5. Defendant reiterates, repleads and
incorporates by reference all the foregoing insofar as they are
material and additionally submit that the Complaint should be
dismissed because:
5.1. Plaintiff has no capacity to sue as it is a foreign
corporation doing business in the Philippines without a
license.
5.2. The Complaint fails to state a cause of action as the
Contract of Lease (ANNEX A) was, before its expiration, superceded
by a Deed of Absolute Sale whereby plaintiff sold to defendant the
parcel of land in question, a copy of which is attached as ANNEX
1.
Counterclaim
[5] 6. Defendant reiterates, repleads and incorporates by
reference all the foregoing insofar as they are material and
additionally submit that he is entitled to relief arising from the
filing of this malicious and baseless suit, as follows:
6.1. Moral Damages amounting to One Million Pesos
(PHP1,000,000/00) because his name and reputation were besmirched
by this malicious and baseless suit.
6.2. Attorneys Fees amounting to One Hundred Thousand Pesos
(P100,000.00) because he was compelled to secure services of
counsel to vindicate his legal rights.
[6] WHEREFORE, Defendant respectfully prays that judgment be
rendered in his favor by dismissing the Complaint and granting
defendants counterclaim by awarding defendant: (a) One Million
Pesos as Moral Damages, and (b) Fifty Thousand as Attorneys Fees.
Other just and equitable reliefs are prayed for.
Feliz Guerrero 8/12/07 3:04 PMComment [25]: Checklist: 1.
Caption 2. Denials/Admission 3. Statement of Affirmative
Allegations 4. Statement of Affirmative/Negative Defenses 5.
Counterclaim 6. Prayer/Relief 7. Date/Place of Execution 8.
Signature of Counsel 9. Verification 10. Certification against
Forum Shopping 11. Proof of Service
Feliz Guerrero 8/12/07 2:15 PMComment [26]: 1976 and 1983 Bar
Exams
-
11
[7] Quezon City; 13 April 2007.
[8] (Sgd.) MITCH MCDEERE Counsel for Defendant
[Address]
[9 & 10] VERIFICATION & CERTIFICATION AGAINST FORUM
SHOPPING
I, YOKO NGA, of legal age, do hereby state that: I am the
defendant in the case filed by Alis Di-yan Company for ejectment;
in response, I have caused the preparation of this Answer with
Counterclaim; I have read its contents and affirm that they are
true and correct to the best of my own personal knowledge; I
specifically deny the genuineness and due execution as well as the
binding effect of the actionable documents pleaded by plaintiiff; I
hereby certify that there is no other case commenced or pending
before any court involving the same parties and the same issue and
that, should I learn of such a case, I shall notify the court
within five (5) days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on 13 April
2007.
(Sgd.) YOKO NGA PLUS:
1. Jurat (IF any document is denied) 2. [11] Proof of Service
(personal service or service by registered mail)
Feliz Guerrero 8/12/07 2:15 PMComment [27]: Rule 7, section 5
requires that any initiatory pleading, among which is a
counterclaim, must be accompanied by a Certification against Forum
Shopping. Also please note that an Answer need not be verified BUT
if there is a specific denial of an actionable document, such as
that contained here, then the Answer must be verified. See again
Rule 8, secs. 7 (definition of actionable document), 8 (how to
contest such documents), 10 (requirements of a specific denial), 11
(effects of failure to specifically deny).
Feliz Guerrero 8/12/07 2:15 PMComment [28]: Representative
specific denial under oath, as required by the Rules, in relation
to any actionable document.
-
12
2. Answer with counterclaim and cross-claim See Form No. B-1,
supra, but add--
[5] Crossclaim 7. Defendant reiterates, repleads and
incorporates by reference all the foregoing insofar as they are
material and additionally submit that he is entitled to indemnity
and/or contribution from co-defendant MANGGA GANTSO in the event
that he is made liable to plaintiff because co-defendant MANGGA
GANTSO acted as the duly authorized agent of plaintiff in the sale
of the property and, acting as such, received consideration, in the
form of the purchase price, from defendant. [6] WHEREFORE,
Defendant respectfully prays that judgment be rendered in his favor
by
1. dismissing the Complaint, and 2. granting defendants
counterclaim by awarding defendant
a. One Million Pesos (Php.1,000,000) as Moral Damages, and b.
Fifty Thousand Pesos (Php.50,000) as Attorneys Fees.
3. In the event that defendant is made liable to plaintiff on
the Complaint, he further prays that co-defendant MANGGA GANTSO be
made liable to indemnify defendant in the same amount under the
Crossclaim.
[7] Quezon City; __________________.
[8] (Sgd.) MITCH MCDEERE Counsel for Defendant
[Address] PLUS:
1. [9 & 10] Verification and Certification against Forum
Shopping 2. Jurat (IF document is denied) 3. [11] Proof of Service
(personal service or service by registered mail)
Feliz Guerrero 8/12/07 3:04 PMComment [29]: Checklist: 1.
Caption 2. Denials/Admission 3. Statement of Affirmative
Allegations 4. Statement of Affirmative/Negative Defenses 5.
Cross-claim 6. Prayer/Relief 7. Date/Place of Execution 8.
Signature of Counsel 9. Verification 10. Certification against
Forum Shopping 11. Proof of Service
-
13
C. Pre-trial Brief
Republic of the Philippines National Capital Judicial Region
REGIONAL TRIAL COURT Branch 90, Quezon City
LAKISA LAYAW, Plaintiff, Civil Case No. 97-31312
- versus - LAKISA HIRAP, Defendant. x
------------------------------------- x
PRE-TRIAL BRIEF
DEFENDANT, by counsel, respectfully submits her Pre-Trial Brief,
as follows:
I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT
AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT 1.1. Subject to a
concrete proposal that is fair and reasonable and a reciprocal
manifestation of openness from plaintiff, defendant is open to the
possibility of amicably settling this dispute. [1 & 2] 1.2.
Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, defendant
respectfully submits that the desired terms of any amicable
settlement would involve, first, a clarification of the actual
extent of any obligation due and owing to plaintiff inasmuch as
there is nothing to indicate defendants obligations to plaintiff
and, second, a schedule of payments.
II. BRIEF STATEMENT OF CLAIMS AND DEFENSES 2.1. Plaintiff seeks
principally to recover the amount of Twenty Two Million Eight
Hundred Eighteen Thousand Nine Hundred Forty Eight Pesos and Thirty
Centavos (PHP22,818,948.30) with interest at twelve percent (12%)
arising allegedly from unpaid orders delivered to defendant
variously in 1989. 2.2. Defendant resists plaintiffs claims based
on a failure to state a cause of action because of :
2.2.1. Plaintiffs lack of personality to sue and, therefore, not
being the real party in interest under Rule 3, section 2 of the
1997 Rules of Civil Procedure;
2.2.2. Extinguishment of the alleged claim made by the entity
Regency Furniture.
2.3. Defendant also interposed a compulsory counterclaim for Two
Million Pesos (PHP2,000,000.00) for moral damages and Two Million
Pesos (PHP2,000,000.00) for exemplary damages and One Hundred
Thousand Pesos (PHP100,000.00) as attorneys fees.
III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES [3] 3.1.
Defendant admits only those facts stated in her Answer, i.e., her
personal circumstances, receipt of the demand letter dated January
5, 1997 and her reply to the demand letter. 3.2. Subject to a
concrete proposal for stipulation of additional facts from
plaintiff during pre-trial or even thereafter, defendant admits no
other facts stated in the Complaint.
IV. ISSUES TO BE TRIED [4] 4.1. Defendant submits that the
following issues put forward by plaintiff are subject to proof:
4.1.1. Plaintiffs personality to seek legal relief; 4.1.2.
Plaintiffs entitlement to the amount claimed;
4.2. Defendant submits that the following issues she put forward
are subject to proof:
4.2.1. Plaintiffs bad faith in filing this suit;
Feliz Guerrero 8/12/07 2:15 PMComment [30]: Rule 18, section 6.
Checklist: 1. Proposed terms for amicable settlement 2. Alternative
modes of dispute resolution 3. Summary of admitted facts 4.
Proposed stipulation of facts and issues 5. Documents to be
presented 6. Names of witnesses and substance of their testimony 7.
Resort to discovery 8. Available trial dates
Feliz Guerrero 8/12/07 2:15 PMComment [31]: NOTE: There is no
need to attach a Notice of Hearing for a Pre-Trial Brief. Also,
pre-trial is now mandatory in criminal cases under Rule 118, 2000
Rules on Criminal Procedure as well as under RA 8493 (The Speedy
Trial Act), although neither the law nor the Rules require the
submission of a Pre-Trial Brief in criminal cases (in practice,
courts also do not require the submission of a pre-trial brief in
criminal cases). Consequently, the requirement of a pre-trial brief
and the consequences for failure to submit one (e.g., non-suit or
dismissal) appear to pertain exclusively to civil cases.
Feliz Guerrero 8/12/07 2:16 PMComment [32]: This is a new
requirement imposed by the 1997 Rules on Civil Procedure.
-
14
4.2.2. Defendants entitlement to the claims made in her
Compulsory Counterclaim as a result of plaintiffs bad faith;
V. EVIDENCE
[6] 5.1. Defendant intends to present the following
witnesses:
5.1.1. Defendant herself, who will testify on the true
circumstances leading to the filing of this suit against her;
5.1.2. An employee of Topless Enterprises with personal
knowledge as to the true circumstances behind the alleged
obligations due and owing in favor of plaintiff.
[5] 5.2. Defendant reserves the right to present any and all
documentary evidence which shall become relevant to rebut
plaintiffs claims in the course of trial as well as any other
witnesses whose testimony will become relevant to belie plaintiffs
witnesses, if necessary.
VI. RESORT TO DISCOVERY [7] 6.1. Considering the relatively
simple issues presented, defendant does not intend to avail of
discovery at this time. 6.2. Subject, however, to a concrete and
reasonable request for discovery from plaintiff, defendant reserves
the right to resort to discovery before trial. RESPECTFULLY
SUBMITTED. Quezon City; 13 April 2007.
(Sgd.) MITCH MCDEERE Counsel for Defendant
[Address] Copy furnished: Atty. MA BOLA Counsel for
Plaintiff
-
15
D. Motions 1. Motion to dismiss (with request for and notice of
hearing)
Republic of the Philippines
National Capital Judicial Region METROPOLITAN TRIAL COURT
Branch 39, Quezon City LAKI ASSET COMPANY, Plaintiff, Civil Case
No. 3333
- versus - For: Sum of Money
DAMI UTANG CORPORATION, Defendant. x
--------------------------------------- x
MOTION TO DISMISS DEFENDANT, by counsel, respectfully moves to
dismiss the Complaint on the ground that the Complaint fails to
state a cause of action as [1] THE OBLIGATION SOUGHT TO BE ENFORCED
BY PLAINTIFF IS NOT YET DUE AND DEMANDABLE, as shown by the
following: [2] 1. Allegedly, plaintiff has failed to reach the
quotas agreed upon under the Marketing Agreement dated 1 January
2006; defendant now seeks to collect the sum of TWO HUNDRED
THOUSAND PESOS (P200,000.00), representing the balance of the
proceeds due plaintiff under the said Marketing Agreement. 2. The
contract is for one (1) year and defendant is given that same
period to reach the quota specified therein; the period of one (1)
year has not expired. Consequently, plaintiffs claim is premature
as there is yet no breach of the Marketing Agreement until the
period expires and the quota is not attained. For this reason,
plaintiffs Complaint states no cause of action and must be
dismissed. [3] WHEREFORE, defendant respectfully prays that the
Complaint be DISMISSED for failure to state a cause of action.
Other just and equitable reliefs are also prayed for. Quezon City;
13 April 2007.
(Sgd.) MITCH MCDEERE Counsel for Defendant
[Address]
[4] REQUEST FOR & NOTICE OF HEARING THE BRANCH CLERK OF
COURT Metropolitan Trial Court Branch 39, Quezon City Please submit
the foregoing Motion to the Court for its consideration and
approval immediately upon receipt hereof and kindly include the
same in the courts calendar for hearing on Friday, 27 April 2007 at
8:30 in the morning. ATTICUS FINCH 1 MockingBird Street Timog
Avenue, Quezon City Please take notice that counsel has requested
to be heard on Friday, 27 April 2007 at 8:30 in the morning.
(Sgd.) MITCH MCDEERE Counsel for Defendant
2 The Firm Laguna Street, Quezon City
PLUS: [5] Proof of Service
Feliz Guerrero 8/12/07 3:06 PMComment [33]: Cf. Rule 15, 1997
Rules on Civil Procedure Checklist: 1. Ground(s) 2. Argument(s) 3.
Prayer/Relief 4. Notice of Hearing 5. Proof of Service 6.
Attachments (if any) 7. Verification (in certain cases)
Feliz Guerrero 8/12/07 2:16 PMComment [34]: 1988 and 2002 Bar
Question
Feliz Guerrero 8/12/07 2:16 PMComment [35]: Rule 15, section 5;
Cf. Rule 15, section 4 (on period of service)
Feliz Guerrero 8/12/07 2:16 PMComment [36]: Rule 15, section 6
in relation to Rule 13, section 13
-
16
2. Motion for leave of court to file pleading (with explanation
for service by registered mail)
Republic of the Philippines
SUPREME COURT Manila
LAKI UTANG, Petitioner, G.R. No. ________
- versus - DAMI LUPA, Respondent. x -------------------------
x
MOTION FOR LEAVE OF COURT TO FILE REPLY WITH
MOTION TO ADMIT ATTACHED REPLY PETITIONER, by counsel,
respectfully states that: [1] 1. Petitioner received a copy of
respondents Comment to his petition on 3 January 2006. The Comment
contains several allegations of fact and misinterpretations of the
record that may mislead the court and need to be corrected. For
this reason, petitioner intends to file a Reply. [2] 2. Under
existing rules, a Reply can no longer be filed as a matter of
course. Consequently, petitioner seeks leave of this Court to file
the said Reply, a copy of which, pursuant to the 1997 Rules on
Civil Procedure, is attached to this motion. [3] WHEREFORE,
petitioner respectfully prays that he be granted leave of court to
file a Reply and for the Court to admit the attached Reply. Quezon
City for Manila; 5 January 2007.
(Sgd.) ATTICUS FINCH Counsel for the Petitioner
[Address] PLUS:
1. [4] Request for and Notice of Hearing 2. [5] Explanation for
service by registered mail
Feliz Guerrero 8/12/07 3:06 PMComment [37]: Cf. Rule 13, section
13 Checklist: 1. Ground(s) 2. Argument(s) 3. Prayer/Relief 4.
Notice of Hearing 5. Proof of Service 6. Attachments (if any) 7.
Verification (in certain cases)
Feliz Guerrero 8/12/07 2:16 PMComment [38]: In motions filed
before the Supreme Court and the Court of Appeals, a Notice of
Hearing is not required.
Feliz Guerrero 8/12/07 2:16 PMComment [39]: Under Rule 15,
section 9, 1997 Rules on Civil Procedure, a motion for leave to
file a pleading or motion shall be accompanied by the pleading or
motion sought to be admitted.
Feliz Guerrero 8/12/07 2:16 PMComment [40]: The requirement is
for a written explanation if service is done by registered mail
instead of by personal service; the explanation need not be
verified, it being required only that it is signed. However, in the
Supreme Court, where an Affidavit of Service is required, it may be
practical to combine the Explanation and the Affidavit of Service.
Cf. Rule 13, sections 11 and 13.
-
17
3. Motion for judgment on the pleadings
Republic of the Philippines National Capital Judicial Region
REGIONAL TRIAL COURT Branch 39, Quezon City
LAKISA LAYAW, Plaintiff, Civil Case No. 97-31312 - versus - For:
Sum of Money LAKISA HIRAP, Defendant. x -------------------------
x
MOTION FOR JUDGMENT ON THE PLEADINGS Plaintiiff, by counsel,
respectfully states that: 1. On 6 July 2005, plaintiff sued
defendant for a sum of money in the amount of Nine Hundred Thousand
Pesos (P900,000.00). [1 & 2] 2. In his Answer, defendant
admitted the obligation and merely stated that he was asking to be
given an extension of time to pay his obligation but that plaintiff
instead filed this Complaint. The Answer admits the material
allegations of the Complaint and has not tendered any issue;
consequently, a judgment on the pleadings may be rendered. [3]
WHEREFORE, plaintiff respectfully prays a judgment on the pleadings
be rendered in his favor. Quezon City; 13 April 2007.
(Sgd.) ATTICUS FINCH Counsel for the Plaintiff
[Address] PLUS:
1. [4] Request for and Notice of Hearing 2. [5] Proof of
Service
Feliz Guerrero 8/12/07 2:16 PMComment [41]: 1989 Bar
Question
Feliz Guerrero 8/12/07 3:07 PMComment [42]: Checklist: 1.
Ground(s) 2. Argument(s) 3. Prayer/Relief 4. Notice of Hearing 5.
Proof of Service 6. Attachments (if any) 7. Verification (in
certain cases)
Feliz Guerrero 8/12/07 2:17 PMComment [43]: NOTE: This is a
litigious motion, i.e., it must be set for hearing. Thus, a
specific hearing date must be requested and notice thereof given to
adverse party through counsel.
-
18
4. Ex parte motion to set for pre-trial
Republic of the Philippines National Capital Judicial Region
REGIONAL TRIAL COURT Branch 39, Quezon City
LAKISA LAYAW, Plaintiff, Civil Case No. 97-31312
- versus - LAKISA HIRAP, Defendant. x -------------------------
x
EX PARTE MOTION TO SET CASE FOR PRE-TRIAL PLAINTIFF, by counsel,
respectfully states that: [1] 1. On 1 June 2006, defendant
submitted her Answer to the Complaint, thereby causing the issues
to be joined. [2] 2. This case is, thus, ripe for pre-trial.
Complying with Rule 18, Section 1 of the 1997 Rules on Civil
Procedure, plaintiff respectfully asks that this case be set for
pre-trial. [3] WHEREFORE, plaintiff respectfully prays that this
case be set for pre-trial on a date convenient to this Honorable
Court. Quezon City; 13 April 2007.
(Sgd.) ATTICUS FINCH Counsel for the Plaintiff
[Address]
[4] REQUEST AND NOTICE THE BRANCH CLERK OF COURT Regional Trial
Court Branch 39, Quezon City Please submit the foregoing to the
Court for its approval immediately upon receipt hereof. Copy
furnished: MITCH MCDEERE, ESQ. 2 The Firm Laguna Street, Quezon
City
Please take notice that counsel has requested for the approval
of the foregoing motion immediately upon receipt.
(Sgd.) ATTICUS FINCH Counsel for the Plaintiff
PLUS: [5] Proof of Service
Feliz Guerrero 8/12/07 2:17 PMComment [44]: Under Rule 18,
section 1 of the 1997 Rules on Civil Procedure, it is now mandatory
on the part of the plaintiff to move ex parte for setting of
pre-trial. Note that the motion is expressly denominated as ex
parte, i.e., no need for hearing.
Feliz Guerrero 8/12/07 3:08 PMComment [45]: Checklist: 1.
Ground(s) 2. Argument(s) 3. Prayer/Relief 4. Notice of Hearing 5.
Proof of Service 6. Attachments (if any) 7. Verification (in
certain cases)
Feliz Guerrero 8/12/07 2:17 PMComment [46]: Note the difference
between this Request and Notice and that contained in Form II-D1;
this does not contain a date of hearing because under Rule 15,
section 4, it is a motion which the Court may act upon without
prejudicing the rights of the adverse party and moreover because
Rule 18, section 1 expressly defines this to be an ex parte
motion.
-
19
5. Motion for postponement
Republic of the Philippines National Capital Judicial Region
REGIONAL TRIAL COURT Branch 39, Quezon City
DILA TORY, Plaintiff, Civil Case No. 008877
- versus - PASEN SYOSO, Defendant. x -------------------------
x
MOTION FOR POSTPONEMENT PLAINTIFF, by counsel, respectfully
states that: 1. This case is set for trial on 5 May 2007 at 8:30 in
the morning. [1] 2. On said date and time, the undersigned counsel
will be unable to appear before this Honorable Court as he has also
been directed to appear on this date and time before the Regional
Trial Court of Makati City, Branch 139 for People of the
Philippines v. Bil Moko, Criminal Case No. 009988, where he is
scheduled to terminate cross-examination of the prosecutions expert
witness who will be available only on said date and time. [2] 3.
Without impugning the importance of these proceedings, plaintiff
respectfully submits that his attendance in the Makati case becomes
indispensable; otherwise, the accused in said case would be
deprived of the opportunity to confront and cross-examine a vital
witness against her. 4. This motion is prompted only by the
foregoing reason and not for delay.
[3] WHEREFORE, plaintiff respectfully prays that the trial
scheduled on 5 May 2007 be POSTPONED to another date convenient to
this Honorable Court. Quezon City; 13 April 2007.
(Sgd.) MITCH MCDEERE Counsel for the Plaintiff
[Address]
PLUS: 1. [4] Request for and Notice of Hearing 2. [5] Proof of
Service
Feliz Guerrero 8/12/07 2:17 PMComment [47]: 1987 Bar
Question
Feliz Guerrero 8/12/07 3:08 PMComment [48]: Checklist: 1.
Ground(s) 2. Argument(s) 3. Prayer/Relief 4. Notice of Hearing 5.
Proof of Service 6. Attachments (if any) 7. Verification (in
certain cases)
Feliz Guerrero 8/12/07 2:17 PMComment [49]: In some instances,
this motion is considered a non-litigious motion; thus, the request
and notice need not specify a date of hearing and simply state that
it is being submitted for approval immediately upon receipt.
Although, the better practice would be to file such a motion early
so as to be able to set it for hearing and approval by the
court.
-
20
6. Motion for extension of time
Republic of the Philippines National Capital Judicial Region
REGIONAL TRIAL COURT Branch 39, Quezon City
DILA TORY, Plaintiff, Civil Case No. 008877
- versus - PASEN SYOSO, Defendant. x
------------------------------------ x
MOTION FOR EXTENSION OF TIME PLAINTIFF, by counsel, respectfully
states that: 1. He has been directed to file a Reply to defendants
Answer by 10 May 2007. [1 & 2] 2. The undersigned counsel,
however, anticipates his inability to file the Reply on or before
the said due date because of the tremendous pressure of other
equally urgent professional work requiring the preparation of
pleadings and almost daily trial appearances before the various
courts within and outside Metro Manila. For this reason, the
undersigned is constrained to ask for an additional fifteen (15)
days from 10 May 2007, or until 25 May 2007, within which to submit
plaintiffs Reply. 3. This motion is not intended for delay but is
motivated only by the foregoing reason. [3] WHEREFORE, plaintiff
respectfully prays that he be granted an additional fifteen (15)
days from 10 May 2007, or until 25 May 2007, within which to submit
plaintiffs Reply. Quezon City; 13 April 2007.
(Sgd.) MITCH MCDEERE Counsel for Plaintiff
[Address]
PLUS: 1. [4] Request for and Notice of Hearing 2. [5] Proof of
Service
Feliz Guerrero 8/12/07 3:09 PMComment [50]: Checklist: 1.
Ground(s) 2. Argument(s) 3. Prayer/Relief 4. Notice of Hearing 5.
Proof of Service 6. Attachments (if any) 7. Verification (in
certain cases)
Feliz Guerrero 8/12/07 2:29 PMComment [51]: It is always
preferable to not only state the number of additional days sought,
but also the new deadline, so that it can be used as a personal
reminder of the new deadline.
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21
7. Motion to declare defendant in default
Republic of the Philippines National Capital Judicial Region
REGIONAL TRIAL COURT Branch 39, Quezon City
ANAKIN SKYWALKER, Plaintiff, Civil Case No. 000909
- versus - PADME AMIDALA, Defendant. x
---------------------------------- x
MOTION TO DECLARE DEFENDANT IN DEFAULT PLAINTIFF, by counsel,
respectfully states that: 1. Plaintiff filed this Complaint against
defendant on 1 March 2007; summons were served on defendant on 20
March 2007, as indicated by the Sheriffs Return of even date, a
copy of which is attached as ANNEX A. [1 & 2] 2. Defendants
reglementary period to file Answer ended on 5 April 2007; no motion
for extension of such period was filed nor was any granted motu
proprio by this Honorable Court. Despite the lapse of time,
defendant has failed to answer the Complaint against her; plaintiff
is entitled to a declaration of default and the right to present
evidence ex parte against defendant. [3] WHEREFORE, plaintiff
respectfully prays that defendant be declared in default and that
plaintiff be allowed to present evidence ex parte before the Clerk
of Court acting as Commissioner. Quezon City; 7 April 2007.
(Sgd.) DARTH SIDIOUS Counsel for Plaintiff
[Address]
PLUS: 1. [4] Request for and Notice of Hearing 2. [5] Proof of
Service
Feliz Guerrero 8/12/07 3:09 PMComment [52]: Checklist: 1.
Ground(s) 2. Argument(s) 3. Prayer/Relief 4. Notice of Hearing 5.
Proof of Service 6. Attachments (if any) 7. Verification (in
certain cases)
Feliz Guerrero 8/12/07 2:17 PMComment [53]: NOTE: The defendant
is entitled to be notified of this motion and the order declaring
him/her in default; thereafter, defendant loses the right to
receive any other notices except for judgment in default.
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8. Motion to lift order of default
Republic of the Philippines National Capital Judicial Region
REGIONAL TRIAL COURT Branch 39, Quezon City
ANAKIN SKYWALKER, Plaintiff, Civil Case No. 000909
- versus - PADME AMIDALA, Defendant. x
---------------------------------- x
MOTION TO LIFT ORDER OF DEFAULT DEFENDANT, by counsel,
respectfully states that: 1. Five (5) days after service of summons
and receipt of Complaint, she filed a Motion to Dismiss on the
ground that plaintiffs claim is outside the jurisdictional amount
of this Honorable Court under the new Expanded Jurisdiction Act and
that the Complaint should properly be filed and tried before the
Metropolitan Trial Court. The Motion to Dismiss, which was received
by plaintiffs counsel on 25 March 2007, was set for hearing on 10
April 2007, as indicated on the Request for and Notice of Hearing.
2. Without waiting for the hearing on the Motion to Dismiss, this
Honorable Court declared defendant in default on 7 April 2007 based
solely on plaintiffs Motion, filed two (2) days after the supposed
lapse of the reglementary period, which, however, was tolled by the
filing of a Motion to Dismiss. [1 & 2] 3. Under the
circumstances, the order of default is premature and without legal
and factual basis as: (a) defendant has not failed to file an
Answer within the reglementary period, (b) the reglementary period
has not lapsed because of the filing of the Motion to Dismiss
within the period, and (c) the pendency of the Motion to Dismiss is
prejudicial to the issue of defendants default. Consequently, the
order of default should be lifted. [3] WHEREFORE, defendant
respectfully prays that the Order of Default against her be LIFTED
and that this Honorable Court resolve her Motion to Dismiss. Quezon
City; 8 April 2007.
(Sgd.) OBI WAN KENOBI Counsel for Defendant
[Address] PLUS:
1. [4] Request for and Notice of Hearing 2. [5] Proof of
Service
Feliz Guerrero 8/12/07 2:17 PMComment [54]: 1985 Bar
Question
Feliz Guerrero 8/12/07 3:09 PMComment [55]: Checklist: 1.
Ground(s) 2. Argument(s) 3. Prayer/Relief 4. Notice of Hearing 5.
Proof of Service 6. Attachments (if any) 7. Verification (in
certain cases)
Feliz Guerrero 8/12/07 2:31 PMComment [56]: While it is not
required, it may, depending on the type of motion, be advisable to
give a short summary of the material antecedents so that the
arguments and the basis for relief is clear and placed in
context.
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E. Special Civil Actions 1. Certiorari (with Injunction and/or
TRO), Prohibition and Mandamus
a. Certiorari
(Caption and Title)
PETITION PETITIONER, by counsel, respectfully states that: [2]
1. (State capacity of petitioner and respondent/s, citizenship,
status and residence.) 2. (State the date on which copy of Decision
was received and/or Resolution on Motion for Reconsideration, if
filed, denied.) [3] 3. (State briefly the facts and circumstances
under which the respondent/s exercising judicial functions acted
without, or in excess of, jurisdiction or with grave abuse of
discretion amounting to lack or excess of jurisdiction.) 4. (State
entitlement to Injunction and/or TRO, i.e., [a] petitioner has a
clear, legal right, [b] which is threatened by an act or omission
of respondents, [c] and that, unless restrained, will cause grave
and irreparable injury to petitioner. Allege also that petitioner
is ready to post a bond in an amount to be fixed by the Court
conditioned upon the payment to respondents of any damages suffered
arising from the writ should petitioner be found not to be entitled
to the writ.) 5. There is no appeal from such decision or any plain
or adequate speedy remedy in the ordinary course of law, except
this petition. 6. A certified true copy (or duplicate original
copy) of the Decision under review is attached as ANNEX A. [4]
WHEREFORE, it is respectfully prayed that a writ of certiorari be
issued ANNULLING the (act, decision or finding) for being in grave
abuse of discretion; in the interim, that a preliminary injunction
and/or temporary restraining order issue to ENJOIN any further
proceedings by respondents. Quezon City; [1] 7 July 2007.
(Sgd.) ATTICUS FINCH Counsel for the Petitioner
[Address] PLUS: [5] Combined Verification, Certification against
Forum Shopping, and Statement of Material Dates * Rule 65, section
6, par. 2 expressly makes Rule 56, section 2 applicable to
petitions for certiorari, mandamus and prohibition. Rule 56,
section 2 provides that Rules 46, 48, 49, 51, 52 and 56 apply. Rule
46, section 3 provides that the petition must be accompanied not
only by a certified true copy of the judgment or order questioned
but also by such material portions of the record as are referred to
therein, and other documents, relevant or pertinent thereto.
Feliz Guerrero 8/12/07 3:12 PMComment [57]: Rule 65, 1997 Rules
on Civil Procedure Checklist: 1. 60 days from notice of judgment or
final order (cf. Rule 65, sec. 4) 2. Names of petitioner and
respondent 3. Grounds relied upon 4. Prayer/Relief 5. Combined
Verification, Certification against Forum Shopping, and Statement
of Material Dates 6. Attachments a. Certified true copies of the
judgment/order subject of petition b. All material portions of the
record as would support the petition*
Feliz Guerrero 8/12/07 2:40 PMComment [58]: To the standard
Verification and Certification Against Forum Shopping, ADD the date
when the Decision or Judgment was received pursuant to the
requirements under the Rules of Court. (See Form I-G)
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24
b. Prohibition
(Caption and Title)
PETITION PETITIONER, by counsel, respectfully states that: [2]
1. (State capacity of petitioner and respondent/s, citizenship,
status and residence.) 2. (If applicable, state the date on which
copy of Decision was received and/or Resolution on Motion for
Reconsideration, if filed, denied.) [3] 3. (State briefly the facts
and circumstances under which the respondent/s whether exercising
judicial or ministerial functions acted without, or in excess of,
jurisdiction or with grave abuse of discretion amounting to lack or
excess of jurisdiction.) 4. (State entitlement to Injunction and/or
TRO, i.e., [a] petitioner has a clear, legal right, [b] which is
threatened by an act or omission of respondents, [c] and that,
unless restrained, will cause grave and irreparable injury to
petitioner. Allege also that petitioner is ready to post a bond in
an amount to be fixed by the Court conditioned upon the payment to
respondents of any damages suffered arising from the writ should
petitioner be found not to be entitled to the writ.) 5. There is no
appeal from such decision or any plain or adequate speedy remedy in
the ordinary course of law, except this petition. 6. A certified
true copy (or duplicate original copy) of the Decision under review
is attached as ANNEX A. [4] WHEREFORE, it is respectfully prayed
that an injunction or TRO be issued directing respondent/s to
desist and refrain from further proceedings in the premises, and
that after due notice and hearing, a writ of prohibition issue
directing respondent/s to desist absolute and perpetually from
further proceedings (in the said action or matter). Quezon City;
[1] 7 July 2007.
(Sgd.) ATTICUS FINCH Counsel for the Petitioner
[Address] PLUS: [5] Combined Verification, Certification against
Forum Shopping, and Statement of Material Dates
Feliz Guerrero 8/12/07 2:17 PMComment [59]: 1995 Bar
Question
Feliz Guerrero 8/12/07 3:12 PMComment [60]: Checklist: 1. 60
days from notice of judgment or final order (cf. Rule 65, sec. 4)
2. Names of petitioner and respondent 3. Grounds relied upon 4.
Prayer/Relief 5. Combined Verification, Certification against Forum
Shopping, and Statement of Material Dates 6. Attachments a.
Certified true copies of the judgment/order subject of petition b.
All material portions of the record as would support the
petition*
Feliz Guerrero 8/12/07 2:40 PMComment [61]: To the standard
Verification and Certification Against Forum Shopping, ADD the date
when the Decision or Judgment was received pursuant to the
requirements under the Rules of Court. (See Form I-G)
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25
c. Mandamus
(Caption and title)
PETITION PETITIONER, by counsel, respectfully states that: [2]
1. (State the capacity of petitioner and respondent/s and their
addresses.) [3] 2. (State the facts and circumstances whereby
respondent/s unlawfully neglected the performance of an act which
the law specifically enjoins as a duty resulting from an office,
trust or station, or unlawfully excluded the petitioner from the
enjoyment of a right or office to which the petitioner is
entitled.) 3. Petitioner has no appeal from such decision or any
plain or adequate speedy remedy in the ordinary course of law,
except this petition. [4] WHEREFORE, it is respectfully prayed
that, after due notice and hearing, a writ of mandamus issue
commanding respondent/s forthwith to: (state the act required to be
done), with costs against them. Quezon City; [1] 7 July 2007.
(Sgd.) ATTICUS FINCH Counsel for the Petitioner
[Address] PLUS: [5] Combined Verification, Certification against
Forum Shopping, and Statement of Material Dates
Feliz Guerrero 8/12/07 3:12 PMComment [62]: Checklist: 1. 60
days from notice of judgment or final order (cf. Rule 65, sec. 4)
2. Names of petitioner and respondent 3. Grounds relied upon 4.
Prayer/Relief 5. Combined Verification, Certification against Forum
Shopping, and Statement of Material Dates 6. Attachments a.
Certified true copies of the judgment/order subject of petition b.
All material portions of the record as would support the
petition*
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26
2. Quo warranto, Interpleader, Quieting of Title, and
Declaratory Relief a. Complaint in Interpleader
NALI LITO, Plaintiff, SCA No. ____________
- versus - UMA AGAW and INA AGAWAN, Defendants. x
--------------------------------------- x
COMPLAINT
PLAINTIFF, by counsel, respectfully states that: [1] 1.
Plaintiff and defendants are all of legal age; plaintiff resides at
________________ while defendants reside at _______________ and
_______________, respectively, where they may be served with
pertinent notices. [2] 2. On 1 June 2007, plaintiff found a Gold
Rolex Oyster watch, without knowing who its true owner is. The
watch is now in plaintiffs possession. On or about 5 June 1999,
defendants made similar representations to plaintiff as to
ownership of the watch. 3. Plaintiff, who claims no interest in the
watch, cannot determine the conflicting claims of defendants and
thus seeks to compel defendants to interplead and litigate their
several claims between themselves. [3] WHEREFORE, it is
respectfully prayed that this Honorable Court issue an order
directing defendants to interplead with one another to determine
their respective rights and claims and to allow plaintiff to
recover his expenses for safekeeping and the costs of this suit, as
first lien upon the subject matter of this action. [4] Quezon City;
7 July 2007.
[5] (Sgd.) ATTICUS FINCH Counsel for Plaintiff
[Address] PLUS: [6] Verification and Certification against Forum
Shopping
Feliz Guerrero 8/12/07 2:17 PMComment [63]: Rule 62 Checklist:
1. Parties - Petitioner, who must claim no interest or has an
interest not disputed by claimants; and claimants over the same
subject matter 2. Material Allegations of Ultimate Facts - facts
showing conflicting claims made on the same subject matter over
which petitioner claims no interest or an interest that is not
disputed by claimants 3. Prayer/Relief 4. Date/Place of Execution
5. Signature of Counsel 6. Verification and Certification against
Forum Shopping
Feliz Guerrero 8/12/07 2:17 PMComment [64]: 1995 Bar
Question
Feliz Guerrero 8/12/07 2:17 PMComment [65]: It is important to
allege this because otherwise plaintiff would be required to pay
the docket fees involved in filing the Complaint in Interpleader
which would be determined by the value of the property. In this
way, plaintiff will not be unduly prejudiced by the costs of the
suit.
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27
b. Action to Quiet (or Remove Cloud on) Title IN RE: QUIETING OF
TITLE OVER THE PROPERTY COVERED BY TCT NO. 12345 SCA No. 1357 NALI
LITO, as Special Administrator of the Estate of the deceased DAMI
LUPA, Petitioner, UMA AGAW, Respondent. x
------------------------------------------------ x
PETITION PETITIONER, by counsel, respectfully states that: [1]
1. He is the special administrator of the estate of the deceased
DAMI LUPA. [2] 2. The deceased, during his lifetime, executed a
Deed of Sale of real estate in favor of the respondent dated
_____________, and particularly described, as follows:
(Describe property) covered by TCT No. 12345 in the Register of
Deeds of Makati. The same is annotated on the title as the only
encumbrance thereon. 3. The sale is fictitious and the Deed of Sale
is forged, as shown by a judgment in Civil Case No. 2468, a copy of
which is attached. 4. The existence of the alleged Deed of Sale is
prejudicial and injurious to the title of the lawful heirs of the
deceased upon the said property. Equity demands that the said Deed
of Sale be surrendered and cancelled, as it is a cloud upon the
title of the deceased and his lawful heirs. [3] WHEREFORE,
petitioner respectfully prays that this Honorable Court render
judgment in the Estates favor by ordering the Deed of Sale
surrendered and cancelled and the cloud on Title No. 12345 removed.
[4] Quezon City; 7 July 2007.
[5] (Sgd.) MITCH MCDEERE Counsel for Petitioner
[Address] PLUS: [6] Verification and Certification against Forum
Shopping
Feliz Guerrero 8/12/07 2:17 PMComment [66]: Rule 63, sec. 1,
par. 2 Checklist: 1. Parties - Any person interested under a deed,
will, contract or other writing, before breach thereof, and who
stands to suffer injury by operation of the said deed, will,
contract or other writing 2. Material Allegations of Ultimate Facts
- facts showing interest under a deed, will, contract or other
written instrument and injury arising from operation of said deed,
will, contract or other writing and facts showing that no violation
or breach has occurred; may also show facts showing need to reform
instrument, quiet title (arising from conflicting claims or cloud
thereon) or to consolidate ownership (as when property under pacto
de retro not redeemed) 3. Prayer/Relief 4. Date/Place of Execution
5. Signature of Counsel 6. Verification and Certification against
Forum Shopping
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28
c. Action for Declaratory Relief INA API, Plaintiff,
- versus - Civil Case No. 2468 THE CITY COUNCIL OF QUEZON CITY,
Defendant. x --------------------------- x
COMPLAINT PLAINTIFF, by counsel, respectfully states that: [1]
1. Plaintiff is a Filipino citizen of legal age and resident of
Quezon City; defendant is the City Council of Quezon City, the
duly-constituted legislative body for Quezon City, its members may
be served with notices at Quezon City Hall. [2] 2. On 1 August
1999, defendant City Council passed Ordinance No. 2345 making it
unlawful to operate cellular phone units while inside a moving
vehicle and penalizing any violations with a fine of P1,000.00 for
each offense in addition to impounding of the cellular phone unit.
The relevant portions of the Ordinance are, as follows:
(Quote the relevant portions) 3. The above-quoted portion is
ambiguous because it leaves unfettered discretion to the
authorities to stop even urgent and important calls which may be
made only while the person is in transit. It fails to consider
that, due to the worsening traffic conditions in Metro Manila,
majority of business is conducted in transit and over cellular
phones. Plaintiff is a lawyer who frequently has to dictate
important pleadings over the phone while in transit due to the
worsening traffic condition. The Ordinance appears to bar his doing
so but plaintiff is unaware of the limits of permissible action
under the Ordinance. 4. Unless declaratory relief is granted,
plaintiff will suffer grave and irreparable injury because he is
unsure of the instances when he may lawfully use his cellular phone
while in a moving vehicle and when such use may lead to
confiscation and a fine. [3] WHEREFORE, plaintiff respectfully
prays that this Honorable Court grant declaratory relief and
declare plaintiffs rights and duties under the Ordinance. [4]
Quezon City; 7 July 2007.
[5] (Sgd.) ATTICUS FINCH Counsel for Plaintiff
[Address] PLUS: [6] Verification and Certification against Forum
Shopping
Feliz Guerrero 8/12/07 2:17 PMComment [67]: Rule 63, sec. 1,
par. 1 Checklist: 1. Parties - Any person interested under a deed,
will, contract or other writing, before breach thereof, and who
stands to suffer injury by operation of the said deed, will,
contract or other writing 2. Material Allegations of Ultimate Facts
- facts showing interest under a deed, will, contract or other
written instrument and injury arising from operation of said deed,
will, contract or other writing and facts showing that no violation
or breach has occurred; may also show facts showing need to reform
instrument, quiet title (arising from conflicting claims or cloud
thereon) or to consolidate ownership (as when property under pacto
de retro not redeemed) 3. Prayer/Relief 4. Date/Place of Execution
5. Signature of Counsel 6. Verification and Certification against
Forum Shopping
-
29
d. Quo Warranto
(Caption and title)
COMPLAINT PLAINTIFF, by counsel, respectfully states that: [1]
1. (State the capacity and address of both plaintiff and
defendant.) [2] 2. (State fully and clearly the facts and
circumstances showing that defendant is unlawfully occupying a
public office and that plaintiff is entitled to hold the same
office.) 3. (State that plaintiff has demanded that defendant
vacate said office and deliver it to plaintiff but that defendant
has unlawfully refused to do so.) [3] WHEREFORE, plaintiff
respectfully prays that a writ of quo warranto issue ousting and
excluding defendant from occupying the office of ____________ and
declare that plaintiff is entitled to the said office and that he
be placed forthwith in possession thereof. [4] Quezon City; 7 July
2007.
[5] (Sgd.) ATTICUS FINCH Counsel for the Plaintiff
[Address] PLUS: [6] Verification and Certification against Forum
Shopping
Feliz Guerrero 8/12/07 2:17 PMComment [68]: Rule 66 Checklist 1.
Parties - a. Solicitor General, when directed by President or motu
propio; b. Person claiming to be entitled to public office or
position usurped or unlawfully held or exercised by another against
the alleged usurping public officer; 2. Material Allegations of
Ultimate Facts - facts showing usurpation of office and facts
showing entitlement of petitioner to the office 3. Prayer/Relief 4.
Date/Place of Execution 5. Signature of Counsel 6. Verification and
Certification against Forum Shopping
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30
III. PLEADINGS AND OTHER LEGAL FORMS IN CRIMINAL PROCEDURE A.
Complaint-Affidavit and Counter-Affidavit
1. Complaint-Affidavit Republic of the Philippines ) City of
Makati ) s.s.
COMPLAINT-AFFIDAVIT [1] I, MA SELAN, of legal age, Filipino,
with assistance of counsel, and [2] resident of 4 Privet Drive,
Triple X Village, Makati, do hereby state under oath that: 1. I am
a member of the Triple X Village Homeowners Association
(Association) and was formerly a Director and Corporate Secretary
of the Association. [3] 2. I accuse and hereby charge MR. MA INGAY,
residing at 5 Privet Drive, Triple X Village, Makati, of violating
Article 358 of the Revised Penal Code (Slander and Oral
Defamation), committed against me when he publicly, maliciously and
deliberately uttered defamatory remarks against me during the Board
Meeting of the Association on 27 January 2007. This is attested to
by the following exchange that transpired between Mr. Ingay and the
other members of the Board in attendance:
(Quote Exchange) Attached as ANNEX A is a copy of the official
transcript of the meeting. 3. Prior resort to the Barangay
conciliation system proved fruitless as Mr. Ingay did not retract
his remarks. Consequently, a Certification to File Action was
issued by the Barangay Chairperson, a copy of which is attached as
ANNEX B. 4. There is no other person named Ma Selan residing at
Triple X Village nor is there any other person named Ma Selan who
has acted as Board Member of the Association. Consequently, Mr.
Ingays public and defamatory utterance was clearly a reference to
me and to no other. 5. Mr. Ma Ingays remarks, calling me a swindler
twice over, uttered in a public meeting are clearly insulting and
defamatory as they malign me and attribute to me a criminal act,
nature and predisposition. There is, moreover, no doubt that Mr.
Ingays use of the word swindled was deliberate as his explanation
and clarification a few utterances thereafter would show. Mr.
Ingays remarks are also very serious as they cast aspersions on my
reputation, character and very person before my peers and fellow
homeowners. 6. Mr. Ingays remarks have injured my name, reputation
and character before my neighbors and peers. While my name,
reputation and character are incapable of pecuniary estimation as
these are the result of a lifetimes effort to build a name,
reputation and character that my children and their children can be
proud to bear, Mr. Ingay cannot be allowed to simply go scot-free
without bearing the consequences of his acts. For this reason, I am
also holding Mr. Ma Ingay liable civilly for defaming me in the
amount of One Million Pesos (P1,000,000.00) in nominal damages,
Five Hundred Thousand Pesos (P500,000.00) in moral damages and Five
Hundred Thousand Pesos (P500,000.00) in exemplary damages. TO THE
TRUTH OF THE FOREGOING, I have signed this Complaint-Affidavit on
13 April 2007.
[4] (Sgd.) MA SELAN Complainant-Affiant
[5] SUBSCRIBED AND SWORN TO BEFORE ME this 13th day of April
2007.
(Sgd.) Investigating Prosecutor
[6] CERTIFICATION
I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND
AM SATISFIED THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS
AFFIDAVIT.
(Sgd.) Investigating Prosecutor
Feliz Guerrero 8/12/07 2:18 PMComment [69]: Checklist: 1.
Identity of affiant and other personal circumstances 2. Statement
of venue 3. Factual allegations to show violation or defense 4.
Signature of affiant 5. Verification 6. Certification as to
Personal Examination of Affiant 7. Supporting
Documents/Affidavits
Feliz Guerrero 8/13/07 10:22 AMComment [70]: Because an
affidavit must be based on personal knowledge of the affiant, many
times, legal answers cannot be included for fear that affiant does
NOT have personal knowledge. Stating that affiant was assisted by
counsel may remove that problem as all that affiant has to do is
say I was advised by counsel that
Feliz Guerrero 8/12/07 2:18 PMComment [71]: Rule 112, sec. 3(a),
2000 Rules on Criminal Procedure. Note that this may be done before
a prosecutor, or any government official authorized to administer
an oath, or in their absence or unavailability, a Notary
Public.
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31
2. Counter-Affidavit Republic of the Philippines ) City of
Makati ) s.s.
COUNTER-AFFIDAVIT Re: I.S. No. 1613
[1] I, MA LABO, of legal age, with assistance of counsel, do
hereby state under oath that: 1. I am the Chief of Staff of the
Mayor of Quezon City, and have been occupying said post since his
election to the post in 1998. In said capacity, I am in charge of
coordinating the day-to-day affairs and activities of his Office.
[2] 2. I recently learned that I have been made a respondent in
I.S. No. 1613, a charge for estafa, filed by a certain MA GULANG on
19 January 2007 before the Office of the City Prosecutor for Quezon
City. 3. The charge is based on a supposedly unpaid account for the
purchase of seven (7) Nextel phone units by a Mr. MANGGA GANTSO of
the Quezon City Rescue and Environmental Distress Unit, which made
the Mayor their Honorary Chairman with no direct functions; he has
been supporting their activities financially with voluntary
contributions. [3] 4. There is no truth to the allegations in MA
GULANGs complaint. There is no factual nor legal basis to charge me
with estafa. The Complaint must be dismissed. To rebut and
contradict MA GULANGs malicious lies, I set forth the true
circumstances leading to the transaction below:
4.1. Sometime last year, Ms. Gulang called the office of the
Mayor, looking for him; I informed her that he was not around. I
took a message from her saying that she was a friend of the Mayor
and that she was selling Nextel units and if we wanted to buy units
from her. I informed her that both the Mayor and I had our units
already; she then told me if the Mayor could refer her to
prospective clients. When the Mayor arrived, I relayed the message
to him.
4.2. Quite coincidentally, Mr. Gantso had called the Mayor
asking if he could assist in securing Nextel units. The Mayor asked
me to call Ms. Gulang. Mr. Gantso and Ms. Gulang were able to meet,
as a result.
4.3. On that day, Ms. Gulang brought the units to the Mayors
Office; she met with Mr. Gantso inside the Mayors office. They
transacted business inside the Mayors Office and only passed by my
office on their way out.
4.4. Some time after that, Ms. Gulang phoned me and told me that
Mr. Gantso had not paid her the amount