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There is a problem of bad legal writing one that is far more serious than we
recognize or are willing to admit. The causes include insufficient education in good
writing, carelessness, faulty thinking and reasoning, a failure to appreciate the
potential and impact of legal language, an unwillingness to risk new language, and
an inability or failure to make the time commitment required for good legal writing.
First, at the law school level, legal writing must be given greater emphasis. If our
programs are not able to deal with poor command of language, grammar, and
syntax, perhaps we must set a higher standard for law school applicants than exist
at the present time. Second, we must acknowledge at the law school level that the
development of legal writing skills requires a significant time commitment. Third,
clinical legal education programs need to expand their coverage of fact analysis to
enhance the writing skills of future lawyers. Finally, the issue of bad legal writing is
more than a law schools problem to solve; practicing lawyers have a responsibility
to produce legal writing that meets professional standards.
- John D. Feerick (Writing like a Lawyer, 1993)
A great lawyer has the ability to convert ideas into persuasive written and oral
arguments. It is then necessary that a lawyer can effectively write to effectively carry
out his functions. As given by John D. Feerick, good legal writing is a virtual necessity
for good lawyering. Without good legal writing, good lawyering is wasted, if not
impossible. Good lawyering appreciates and is sensitive to the power of language to
persuade or antagonize, facilitate or hinder, clarify or confuse, reveal or deceive, heal
or hurt, inspire or demoralize.
Students of the law come to respect the power of legal language and their obligation
to write coherently. As David Mellinkoff, an astute observer of legal language, notes,
The law is truly a profession of words. In addition to acquiring legal concepts, every
student of the law also acquires a legal vocabulary. Much of this vocabulary has
functional justification. Terms of art, for example, identify in a shorthand way a more
complex idea (proximate cause, hearsay, res ipsa loquitur). Words of identification
(plaintiff, conformed copy, appellee) also have conventional meaning within the
profession. Indeed, all lawyers must have at their disposal a comprehensive lexicon of
functional and descriptive words such as these examples. 1
Marie Buckley, an American lawyer has summarized three rules on how lawyers
could write effectively and these are as follows:
1
Martha Faulk, Perspectives: Teaching Legal Research and Writing. 2001.
1. Use plain English.
Weve all heard the common admonition to use plain English. Our clients speak a
modern language and we should too. So if you would not use a word or phrase when
speaking with a colleague, dont use it in your writing. Speak human.
The principle of leading from the top is the single most effective tool for strong
writing and the essential rule for structuring any paper. If you open your paper by
telling your reader what is important, they will look for that information as they read.
When you present that information later, the reader will seize on it and it will click
quickly, like a puzzle piece snapping into a space that you have already prepared for
it.
And the principle of leading from the top is like a fractal because it applies on large
and small scales. Lead a paper with your conclusion. Lead a section with a
substantive heading. Lead a paragraph with a summary sentence. Lead an email with
a strong subject line. Lead the message itself with a summary sentence.
Sane people dont read briefs, contracts and business letters for pleasure. They read
them because they are being paid to read them or because they have a problem and
need to read them. What do they want? They want to know what to do next and your
job is to tell them. What is the clients problem and what should be their next steps?
What are you asking the court to do? What do you want your reader to do after
reading your e-mail or your letter? Use your writing to make things happen in the
real world.
DEVELOPMENT OF LEGAL FORMS IN THE PHILIPPINES
The evolution of notaries public started with scribes who took down notes for
the royalty. In the Louvre Museum in France, a lifelike representation of an Egyptian
scribe made some 4,000 years ago stares at the viewer poised as if to transcribe the
important words or directive that comes from the viewers mouth. The Western view
of the roles and functions of notaries public evolved with the necessities of Roman
officialdom, then came Charlemagne and the Papal notaries, and the formal
framework for the functions of a notary was laid down in academia during the 12th
century at the University of Bologna.
The nature of a notarys work was seen by two academics (Profs. Fuller and
Perillo) to be derived from legal considerations stemming from the interpretation and
assessment of the evidentiary value of the notarized document, and as a way of
clarifying and cautioning the principals and witnesses of the significance of the
provisions of the notarized document.2
The history of the notarial law in the Philippines can be traced back to the
early days of the Spanish era where the functions of the notary public has been
exercised by the clerks of court in accordance with the law of the Indies. But what
exactly is a notary public and what is the concept of the notarial law? A notary public
is an officer whose duty is to attest the genuineness of any deed or writing in order to
render it available as evidence of facts therein contained. What the notary public
does are legal forms which are defined as models of instruments or legal proceedings,
containing the substance and the principal terms, to be used in accordance with the
laws.3
The functions of the notary public were exercised by clerks of courts according
to Indies Laws. In 1696, the clerks of courts of Manila, Parian, Tondo and Cavite
were required to have the protocols sewed and bound wherein court papers, wills and
contracts were executed for the purpose of preventing the commission of frauds. On
February 1889, the notarial law of Spain was extended to the Philippines. This
separated the office of the notarial law from the clerk of courts.4
During the American occupation, the Spanish notarial law was adopted and on
June 1900, it was repealed by Judiciary Act No. 136. The Philippine Commission
then provided for a new system of adjudication and registration of land titles. Act No.
496, henceforth set the new law on notary public. In the year 1911, the Philippine
Legislature enacted Act No. 2335, amending the Notarial Law in Act No 136. By virtue
of this amendment, the notaries public were required to keep notarial registers. The
amendment also provided for the form and manner in
3
2
Lawbytes: Cybernotarization and Its Legal Complications (2003). Retrieved March 20, 2014, from
http://noelthecyberlawyer.wordpress.com/2013/07/04/lawbytes-e-discoveries-in-dipolog-2/
3
Bouviers Law Dictionary, cited in Co Tamco vs. Diaz
4
Annotated Forms by Camus and Sinco, pp.2-3
which instruments executed, acknowledged, or sworn to before a notary public were
to be entered in the notarial register. The notaries public were also required to send
to the Clerk of court of the province wherein he exercises his office, a copy of the
entries made in his register during the month.5
4
5
supra, Camus and Cinco
2004 RULES ON NOTARIAL PRACTICE
(A.M. No. 02-8-13-SC)
The 2004 Rules on Notarial Practice took effect on August 1, 2004 and has
been governing the rules on notarial practice, specifically the appointment of
notaries and the performance and exercise of their official functions.
5
6
Sec 1, Rule I, 2004 Rules on Notarial Practice
7
supra, Sec 1, Rule VI
8
supra, Sec 11, Rule III
Powers and Duties of a Notary Public
After every requirement and qualification has been complied with, a notary
public is now vested with powers and duties concerning his office. Under Section 1 of
the Rule, a notary public is empowered to perform the following notarial acts: (1)
acknowledgments; (2) oaths and affirmations; (3) jurats; (4) signature witnessings;
(5) copy certifications; and (6) any other act authorized by these Rules.
In general, the powers of the notaries public are administering all oaths or
affirmations provided for by law, in all matters incident to his notarial office, and in
the execution of the affidavits, depositions, and other documents requiring an oath;
to receive the proof or acknowledgment of all writings relating to commerce and
navigation, such as bills of sale, bottomries, mortgages and hypothecations of ships,
vessels or boats, charter parties of affreightenments, letters of attorney, deeds,
mortgages, transfers and assignments of land or building, or an interest therein, and
such other writings as are commonly proved of acknowledged before notaries; to act
as a magistrate, in the writing of affidavits or depositions and to make declarations
and certify the truth thereof under his seal of office, concerning all matters done by
him in virtue of his office.9
A notary public is prohibited from performing a notarial act outside his regular
place of work or business; provided, however, that on certain exceptional occasions or
situations, a notarial act may be performed at the request of the parties in the
following sites located within his territorial jurisdiction like public offices, convention
halls, and similar places where oaths of office may be administered; public function
areas in hotels and similar places for the signing of instruments or documents
requiring notarization; hospitals and other medical institutions where a party to an
instrument or document is confined for treatment; and any place where a party to an
instrument or document requiring notarization is under detention.10
As to parties involved
6
9
Handbook on Legal and Judicial Forms, Martin and Gregorio, pp. 5
10
supra, Sec 2, Rule IV
11
supra, Sec 2, Rule IV
He is disqualified from performing a notarial act if he is a party to the
instrument or document that is to be notarized and he will receive, as a direct or
indirect result, any commission, fee, advantage, right, title, interest, cash, property, or
other consideration, except as provided by these Rules and by law; or is a spouse,
common-law partner, ancestor, descendant, or relative by affinity or consanguinity of
the principal within the fourth civil degree.12
A notary public shall not perform any notarial act described in the Rules for
any person requesting such an act even if he tenders the appropriate fee specified by
the Rules if (a) the notary knows or has good reason to believe that the notarial act or
transaction is unlawful or immoral; (b) the signatory shows a demeanor which
engenders in the mind of the notary public reasonable doubt as to the former's
knowledge of the consequences of the transaction requiring a notarial act; and (c) in
the notary's judgment, the signatory is not acting of his or her own free will.13
As to collection of fees
A notary public shall not require payment of any fees prior to the performance
of a notarial act unless otherwise agreed upon.14 It is likewise prohibited to collect any
fee or compensation of any kind except those expressly provided in the Rules15 such
as the notarial fees and travel fees and expenses when traveling to perform a notarial
act.16
In Baylon v. Almo, the Supreme Court stated that the respondent notary public
should not have relied on the CTC presented by the impostor in view of the ease
with which community certificates are obtained these days. As a matter of fact,
recognizing the established unreliability of a CTC in proving the identity of a person
who wishes to have his document notarized proving the identity of a person, we did
not include it in the list of competent evidence of identity that notaries public should
use in ascertaining the identity of persons appearing
7
12
supra, Sec 3, Rule IV
13
supra, Sec 4, Rule IV
14
supra, Sec 4, Rule V
15
supra, Sec 3, Rule V
16
supra, Sec 2, Rule V
17
Amora v. Comelec GR No. 192280, January 25, 2011
18
supra, Sec 12(a), Rule II, as amended by A.M. No. 02-8-13-SC, February 19, 2008
before them to have their documents notarized. Hence, it is suggested that
Community Tax Certificates (CTC) or cedulas are no longer relevant as far as notarial
act is concerned.19
Every notary public shall have, at his own expense procure a seal which shall
be of metal, circular in shape, two inches in diameter, and shall have the name of the
city or province and the word "Philippines" and his own name on the margin and the
roll of attorney's number on the face thereof, with the words "notary public" across
the center. A mark, image or impression of such seal shall be made directly on the
paper or parchment on which the writing appears.21 The use of the seal shall not be
necessary to the authentication of any paper, document, or record signed by a justice
of peace or emanating from his office except when he acts as a notary public ex-
officio.
NOTARY PUBLIC
8
19
Baylon v. Almo, A.C. No 6962, June 25, 2008
20
supra, Sec 12(b), Rule II
21
supra, Sec 2(a), Rule VII
The Notarial Register
Every notary public shall keep, maintain, protect and provide for lawful
inspection22 a register to be known as the NOTARIAL REGISTER wherein record
shall be made of all his official acts as notary; and he shall supply a certified copy of
such record, or any part thereof, to any person applying for it and paying the legal
fees therefor.
9
22
supra, Sec 1, Rule VI
23
supra, Sec 1, Rule VI
Revocation of the Commission of a Notary Public
The following derelictions of duty on the part of the notary public shall, in the
discretion of the proper judge, be sufficient ground for the revocation of his
commission:
10
24
supra, Rule XI
JUDICIAL AFFIDAVIT RULE*
(A.M. No. 12-8-8-SC)
A. Introduction
The adoption of the rule is to decongest the courts of cases and to reduce
delays in the disposition of cases.
The rule took effect on January 1, 2013 following its publication in two
newspapers of general circulation not later than September 15, 2012. It applies
to all existing cases.
It shall take the place of the direct testimonies of witnesses. The documentary
or object evidences are to be attached and marked.
The rule shall apply to all actions, proceedings or incidents requiring the
reception of evidence.
25
Sec 9(a), Judicial Affidavit Rule A.M. No. 12-8-8-SC
*Summary 11
5. Contents of the judicial affidavit
26
supra, Sec 4 12
Effect of non-compliance with the attestation requirement
It shall not be admitted by the court in evidence. The court may, however,
allow the submission of a compliant replacement judicial affidavit as long as it be
submitted before the hearing or trial and provided the following are met:
The submission shall be allowed only once.
The delay is for a valid reason.
The delay would not unduly prejudice the opposing party.
The public or private counsel responsible for the preparation and submission
of the affidavit pays a fine of not less that P1,000.00 nor more than
P5,000.00 at the discretion of the court.
It shall be filed by the parties with the court and served on the adverse party, not
later than five days before the pre-trial or preliminary conference or the scheduled
hearing, with respect to motions and incidents. Under the rule, it may be filed
personally and by licensed courier service, service by mail is not mentioned.
Instead of offering the oral testimony of the witness, the party using the judicial
affidavit of this witness in place of a direct testimony, shall present such affidavit
and state the purpose of the testimony contained therein at the start of the
presentation of the witness.
13
Objections to testimony in the judicial affidavit; ruling of the court
The adverse party may, on the ground of inadmissibility, move to
Disqualify the witness
Strike out his affidavit
Strike out any of the answers found in the judicial affidavit.
The submission of the judicial affidavit of the witness and the attached exhibits
does not exempt the witness from appearing at the scheduled hearing.
The appearance of the witness is necessary because the adverse party has the
right to cross-examine him. The cross-examination shall be on his judicial
affidavit and on the attached exhibits. After the cross-examination, the party
presenting the witness may also examine him as on re-direct.
The rule clearly mandates the court to take active part in examining the
witness to
Determine the
Credibility of the witness and
Truth in his testimony
Elicit answers that it needs in resolving the case.
14
F. Oral offer and objections to exhibits
15
EFFICIENT USE OF PAPER RULE*
(A.M. No. 11-9-4-SC)
A. Introduction
a. Rationale
Whereas, to produce 500 reams of paper, twenty trees are cut and 100,000
liters of water are used, water is no longer reusable because it is laden with
chemicals and is just released to the environment to poison our rivers and seas;
Whereas, there is a need to cut the judicial systems use of excessive quantities
of costly paper, save our forests, avoid landslides, and mitigate the worsening
effects of climate change that the world is experiencing;
Whereas, the judiciary can play a big part in saving our trees, conserving
precious water and helping mother earth.
b. Title
c. Effectivity
This rule took effect on January 1, 2013 after publication in two newspapers of
general circulation in the Philippines (sec. 7) and was promulgated November 13,
2012.
d. Applicability
It shall apply to all courts and quasi-judicial bodies under the administrative
supervision of the Supreme Court (Sec. 2)
All pleadings, motions and similar papers intended for the court and quasi-
judicial bodys consideration and action (court-bound papers) shall:
1. be written in single space
2. with a one-and-a-half space between paragraphs,
3. using an easily readable font style of the partys choice,
4. of 14-size font, and
*Summary 16
5. on a 13-inch by 8.5-inch white bond paper; and (sec. 3a)
The parties shall maintain the following margins on all court-bound papers:
1. left margin of 1.5 inches from the edge; and
2. upper margin of 1.2 inches from the edge;
3. right margin of 1.0 inch from the edge; and
4. lower margin of 1.0 inch from the edge.
5. Every page must be consecutively numbered (sec. 4).
1. Supreme Court
En Banc
- One original (properly marked)
- 14 additional copies
- 2 sets of annexes (1 attached to the original and an extra copy)
Division
- One original (properly marked)
- 4 additional copies
- 2 sets of annexes (1 attached to the original and an extra copy)
17
- One original (properly marked)
- 2 copies with their annexes.
4. Other courts
- One original (properly marked) with the stated annexes attached to
it.
A party required by the rules to serve a copy of his court-bound paper on the
adverse party need not enclose copies of those annexes that based on the record of
the court such party already has in his possession. In any event a party requests a
set of the annexes actually filed with the court, the party who filed the paper shall
comply with the request within five days from receipt (sec. 6).
18
CHAPTER I : THE BASICS
I. CAPTIONS
Under the Judiciary Reorganization Act of 1980 (Batas Pambansa Blg.129), all
courts except the Supreme Court, the Sandiganbayan and the Court of Tax Appeals
were abolished and the following Courts were created: Intermediate Appellate Court;
Regional Trial Court created in 13 Judicial Regions including the National Capital
Regions and other areas as may be established by law; Municipal Trial Courts in cities
and municipalities; and the Municipal Circuit Trial Courts. Under Executive Order
No. 3 dated 1986, the Intermediate Appellate Court was renamed the Court of
Appeals. 27
27
Legal Forms Manual, Ateneo 3D 2008-2009
19
REPUBLIC OF THE PHILIPPINES
FIRST JUDICIAL REGION
MUNICIPAL TRIAL COURT
Lingayen, Pangasinan
PRAYER
S.S.
S.S. is the abbreviation of Scilicet, which is the Latin for it is permitted to know.
In Legal Forms, it is read as to wit; namely; or that is to say. 29 Further, it is used to
particularize a general statement; where in this case, it refers to the venue of
execution of the instrument or document.
28
Theodore O. Te: On Writing Legally 2009 Revised Edition
29
Legal Forms Manual, Ateneo 3D 2008-2009 20
II . JURAT
It is that part of an affidavitwhere the officer certifies that the same was
sworn before him. It is used in affidavits, certifications, verification or
whenever the person executing a document or instrument makes a statement
of facts or attests to the truth of an occurrence of an event under oath.
It refers to an act in which an individual, on a single occasion appears in
person before a Notary Public and presents an instrument or document; is
personally known to the Notary Public or identified by the Notary Public
through competent evidence of identity as defined by the 2004 Rules on
Notarial Practice; signs the instrument or document in the presence of the
Notarial Practice; and takes an oath or affirmation before the Notary Public as
to such instrument or document. 30
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 Community Tax
Certificate (CTC) nor for the entry into a Notarial Register.31
Sample Jurat:
SUBSCRIBED AND SWORN TO before me in the City of Baguio on this 4th day
of April 2014, affiant exhibiting before me his Government Issued ID No. 08061989
issued on August 8, 2013 at Baguio City.
AYAM N. PUBLIC
Notary Public for Baguio City
Until December 31, 2014
102 Session Road, Baguio City
PTR No. 123/Baguio City/12-31-14
Roll of Atty. No. 45678
IBP Lifetime Membership No. 910
MCLE Compliance No 9876
Doc. No. 1
Page No. 1
Book No. 1
Series of 2014.
30
Sec. 5, 2004 Rules on Notarial Practice
31
supra, Te
21
III. ACKNOWLEDGEMENT
It is the act of one who has executed a deed, in going before some competent
officer or court and declaring it to be his act or deed. An acknowledgement is
to authenticate an agreement between two or more persons, or where the
document contains a disposition of property.
It is an act in which an individual on a single occasion appears before in
person before the Notary Public and presents an integrally complete
instrument or document; is attested to be personally known to the Notary
Public or identified by the Notary Public through competent evidence of
identity as defined by the 2004 Notarial Rules; and represents to the NP that
the signature on the instrument or document was voluntarily affixed by him
for the purposes stated in the instrument or document, declares that he has
executed the instrument or document as his free and voluntary act and deed,
and, if he acts in a particular representative capacity, that he has the authority
to sign in that capacity.32
Sample Acknowledgement:
A. Simple Form
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the City of Baguio, Philippines, personally
appeared INA M. CO, with Passport No. 1234 issued at Baguio City expiring on November 20,
2013, and Drivers License No. 5678 issued by LTO Baguio on December 18, 2012, known to
me to be the same person who executed the foregoing instrument, and acknowledged to me
that the same is his free act and voluntary deed.
WITNESS MY HAND AND SEAL this 4th day of April 2014 in the City of Baguio,
Philippines.
AYAM N. PUBLIC
Notary Public for Baguio City
Until December 31, 2013
102 Session Road, Baguio City
PTR No. 123/Baguio City/12-31-13
Roll of Atty. No. 45678
IBP Lifetime Membership No. 910
MCLE Compliance No 9876
Doc. No. 1
Page No. 2
Book No. 1
Series of 2014.
32
Sec 1, Rule 2 of 2004 Rules on Notarial Practice
22
B. Acknowledgement of Instrument Consisting of Two or More Page
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the City of Baguio Philippines,
personally appeared INA M. CO, with Passport No. 1234 issued at Baguio City
expiring on November 20, 2013, and Drivers License No. 5678 issued by LTO Baguio
on December 18, 2012, known to me to be the same person who executed the
foregoing instrument, and acknowledged to me that the same is his free act and
voluntary deed.
This instrument, consisting of four (4) pages, including the page on which this
acknowledgement is written, has been signed on the left margin of each and every
page thereof by LAP U. LAPU and his witness, and sealed with my notarial seal.
AYAM N. PUBLIC
Notary Public for Baguio City
Until December 31, 2013
102 Session Road, Baguio City
PTR No. 123/Baguio City/12-31-13
Roll of Atty. No. 45678
MCLE Compliance No 9876
Doc. No. 1
Page No. 3
Book No. 1
Series of 2014.
23
IV. VERIFICATION
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.33 A verification based on information and belief
or upon knowledge, information and belief is considered defective and the
pleading unverified or unsigned. 34
The pleadings which are required to be verified are the pleadings under the
Rules of Summary Procedure; complaints for Forcible Entry, Unlawful
Detainer, and Replevin; complaints with application for injunction or
attachment; answer to complaint or counterclaim based on actionable
documents; and petitions for Certiorari, Prohibition, Mandamus, Habeas
Corpus and Change of Name. The indispensable requirement of Verification is
the statement that the document is executed under oath. 35
Sample Verification:
VERIFICATION
JUANA DELA CRUZ, after having been duly sworn in accordance with law,
hereby deposes and states that:
24
33
Sec. 4, par. 2, Rule 7, Rules of Court
34
Sec. 4, par.3, Rule 7, Rules of Court
35
Theodore O. Te: On Writing Legally 2009 Revised Edition
V. CERTIFICATION AGAINST FORUM SHOPPING
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. 36
Rule 7, Section 5 of the Rules of Court requires that any initiatory pleading
must be accompanied by a Certification against Forum Shopping. Under the
same provision of the Rules of Court, it is the plaintiff or principal party who
executes the certification under oath. Case in point is Far Eastern Shipping
Company v. Court of Appeals (297 SCRA 30) where it was promulgated that a
certification signed by counsel is a defective certification and is a valid cause
for dismissal. This is the general rule and the prevailing rule. 37
Sample:
JUAN DELA CRUZ, after having been duly sworn in accordance with law
deposes and states that:
1. He is the plaintiff in the case entitled Juana dela Cruz v. Andrew Bonifacio;
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.
25
36
Rule 7, Sec. 5, Rules of Court
37
Willard B. Riano, Civil Procedure ( A Restatement for the Bar), 2007
VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
I, JUANA DELA CRUZ, of legal age, do hereby state that I have 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 days from my notice.
Plaintiff
(Insert JURAT)
26
VI. VERIFIED STATEMENT OF MATERIAL DATES
This refers to the statement bearing the date when the Decision or Judgment
was received and is added to the standard Verification and Certification
Against Forum Shopping in special civil actions.38
Sample:
I, JUANA DELA CRUZ, of legal age, do hereby state that I have caused this
Complaint to be prepared; I have received a copy of the [Order/Resolution/Decision]
of the Court on 13 April 2013; 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 days from my notice.
Plaintiff
(Insert JURAT)
27
38
supra, Te
VII. REQUEST FOR NOTICE & HEARING
Sample:
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, 20 April 2013 at 8:30 in the morning.
BONIFACIO S. BONIFACIO
44 Honeymoon Road
Baguio City
Please take notice that counsel has requested to be heard on Friday, 04 April
2014 at 8:30 in the morning.
ANDRES S. ANDRES
Counsel for Defendant
152 Session Road, Baguio City
28
39
supra, Te
40
Ibid.
VIII. NOTICE OF HEARING IN NON-LITIGIOUS MOTIONS
Sample:
NOTICE OF HEARING
Please submit the foregoing Motion to the Court for its consideration and
approval immediately upon receipt hereof.
BONIFACIO S. BONIFACIO
44 Honeymoon Road
Baguio City
Please take notice that counsel has requested to be heard on Friday, 04 April
2014 at 8:30 in the morning.
ANDRES S. ANDRES
Counsel for Defendant
29
41
supra, Te
IX. PROOF OF PERSONAL SERVICE
Sample:
30
42
supra, Te
X. PROOF OF SERVICE BY REGISTERED MAIL
A written explanation, required if the service and filing of pleadings and other papers
is done by registered mail, is not required in papers coming from the court. The
explanation does not have to be verified, but it must be signed.42
Sample:
EXPLANATION
The foregoing Answer and its attachment were served on Atty. Bonifacio S. Bonifacio 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.
RIZALINO E. RIZAL
Counsel for the Defendant
AFFIDAVIT
I, RAYA C. LANG, a messenger of Atty. Rizalino E. Rizal, with office address at 456
Session Road, Baguio City, after being duly sworn, deposes and states:
That on April 1, 2014, I served a copy of the following motion by registered mail in
accordance with Section 10, Rule 13 of the Rules of Court:
ANSWER
Nature of the Pleading
in Case No. 1234 entitled Amaya Q. Pezon v. Imelda M. Ircos by depositing a copy in the post
office in a sealed envelope, plainly addressed to Atty. Bonifacio S. Bonifacio of Kapangan
Poblacion, Benguet, with postage fully paid, as evidenced by Registry Receipt No. 1234 attached
and with instructions to the post master to return the mail to sender after ten days if
undelivered.
RAYA C. LANG
Affiant
(Insert JURAT)
31
42
supra, Te
CHAPTER II : AFFIDAVITS
I, Sam Pinto, of legal age, Filipino citizen, single and now residing at 2J Morning
Star Rd., Lower Lourdes, Baguio City, Philippines, after having been duly sworn in
accordance with law, do hereby depose and say:
1. That I am the only surviving daughter of one, named Travis G. Cruz who dies
intestate in Aurora Hill, Baguio City, on November 12, 2013 as evidenced by the Death
Certificate issued by the Civil Registrar of Baguio City hereto attached as ANNEX A
and made an integral part of this Affidavit;
2. That the said deceased left deposits in the Bank of the Philippine Islands, in the
amount of One Million Pesos (P1,000,000.00);
3. That the said deceased also left a lot located at 6D Morning Star Rd., Lower Lourdes,
Baguio City, Philippines wherein is located a two-storey house, with an area of FOUR
HUNDRED (400) SQUARE METERS more or less, covered by Transfer Certificate
Title No. 0653909 of the Register of Deeds of Baguio City;
4. That the said deceased left no debts nor any LAST WILL AND TESTAMENT;
5. That pursuant to Rule 74, Sec. 1 of the Rules of Court, I hereby adjudicate unto myself
the above described real and personal property by means of this Affidavit and hereby
files the same with the Register of Deeds of Baguio City with the request that the said
adjudication be made effective without judicial proceeding prescribed by the
aforementioned Rules of Court.
IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of November
2013, in the City of Baguio, Philippines.
_______________________
Sam Pinto
Affiant
JURAT
2. AFFIDAVIT OF SELF-ADJUDICATION
AFFIDAVIT OF SELF-ADJUDICATION
I, Sam Pinto, of legal age, Filipino citizen, single and now residing at 2J Morning
Star Rd., Lower Lourdes, Baguio City, Philippines, after having been duly sworn in
accordance with law, do hereby depose and say:
1. That I am the only son of Glade A. Pinto who died intestate in the City of Baguio, on
September 3, 2013 as evidenced by Death Certificate issued by the Civil Registrar of
Baguio, hereto attached as ANNEX A and made an integral part of this Affidavit;
2. That said deceased left an estate consisting of a parcel of land measuring ONE
THOUSAND (1,000) SQUARE METERS, located at Mary Hills Road, Loakan Proper,
Baguio City covered by Transfer Certificate Title No. CC-19876 of the Registry of
Deeds of Baguio City;
3. That the said parcel of land is more particularly described as follows to wit;
4. That the said deceased left NO DEBTS nor any LAST WILL AND TESTAMENT;
5. That pursuant to Rule 74, Section 1 of the Rules of Court, I hereby adjudicate unto
myself the above described Real Estate by means of this Affidavit and hereby files the
same with the Register of Deeds of Baguio City with the request that said adjudication
be made effective without the judicial proceeding as prescribed by the aforementioned
Rules of Court.
IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of November
2013, in the City of Baguio, Philippines.
_______________________
Sam Pinto
Affiant
JURAT
3. AFFIDAVIT OF BIRTH BY TWO DISINTERESTED PERSONS
WE, RAY ANTHONY A. RIVERA and RENZ MARK B. GARCIA, both Filipinos,
of legal age, both single, and presently residing at #3 First Road, Brgy. Palma-Urbano, Baguio
City and #4 First Road, Brgy. Palma-Urbano, Baguio City, respectively, both after having
been duly sworn in accordance with law, do hereby depose and say:
1. That we personally know SAM PINTO of 2J Morning Star Rd., Lower Lourdes,
Baguio City, Philippines, being an acquaintance for a long time;
2. That she is a PAG-IBIG Fund member with an application for Provident Benefits with
the Fund;
4. That we certify that she was born at Baguio General Hospital, Baguio City, Philippines
on the 5th day of October in the year 1990;
5. That she has been using the said birth date in all her documents and transactions,
including her education and employment records;
6. That we are not related by affinity or consanguinity to the above mentioned person;
and
7. That we are executing this affidavit to attest to the truth of the foregoing facts for
record and references purposes.
IN WITNESS WHEREOF, we have hereunto set our hands this 19th day of
November 2013 in the City of Baguio, Philippines.
JURAT
4. AFFIDAVIT OF CONSENT FOR TRAVEL OF A MINOR ABROAD
2. That we are giving our full consent to our said daughter to travel abroad or specifically
to San Francisco CA, USA;
3. That for this purpose, we have sufficient and adequate financial capacity to support
and defray the said travel and do hereby undertake to finance her trip abroad from
the application fees, airline tickets, board and lodging, pocket money and such other
expenses that she may incur so that she would neither be a burden to the state nor at
their place of destination at any time during her trip abroad;
4. That there is no criminal case pending in court against her nor has she been charged
of subversion, rebellion, insurrection or any crime or offense involving moral
turpitude in any court of the Philippines;
6. That we are hereby giving our full consent to said DR. GLADE REFRESH-AIR to
accompany or escort FORAIRANDFABRIC C. GARCIA in her travel abroad; and
7. That we are executing this affidavit to declare the truth of the foregoing facts and for
whatever legal purposes it may serve.
IN WITNESS WHEREOF, we have hereunto set our hands this 19th day of
November 2013 in the City of Baguio, Philippines.
JURAT
5. AFFIDAVIT OF DESISTANCE
AFFIDAVIT OF DESISTANCE
I, Sam Pinto, of legal age, Filipino citizen, single and now residing at 2J Morning
Star Rd., Lower Lourdes, Baguio City, Philippines, after having been duly sworn in
accordance with law, do hereby depose and say:
1. That I am the Private Complainant in Criminal Case No. 12345-A for violation of B.P.
Blg. 22 otherwise known as the Bouncing Checks Law now pending before the
Regional Trial Court, Baguio City, Branch 1;
2. That the accused Ray Anthony A. Rivera has settled his obligations to me to my
full satisfaction;
3. That due to the aforementioned reason, I freely and voluntarily pray for the FINAL
DISMISSAL of the case against Ray Anthony A. Rivera;
4. That I am no longer interested in pursuing the case against said Ray Anthony A.
Rivera;
5. That I am now requesting the Office of the City Prosecutor of Baguio City and the
Honorable Court, Regional Trial Court, Branch 1 of Baguio City to have the case
withdrawn against Ray Anthony A. Rivera;
6. That I am executing this Affidavit of Desistance to attest to the truth of all the
foregoing facts, as well as, to withdraw my complaint against Ray Anthony A.
Rivera, and ultimately have the case against him dismissed.
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of November
2013, in the City of Baguio, Philippines.
_______________________
Sam Pinto
Affiant / Private Complainant
CERTIFICATION
This is to certify that I have personally examined the affiant and I am convinced that
he voluntarily executed his statement and understood the contents thereto.
___________
Public Prosecutor
JURAT
6. AFFIDAVIT OF DISCREPANCY OF DATE OF BIRTH
I, Sam Pinto, of legal age, Filipino citizen, single and now residing at 2J Morning
Star Rd., Lower Lourdes, Baguio City, Philippines, after having been duly sworn in
accordance with law, do hereby depose and state:
1. That in my Certificate of Live Birth as recorded in the Office of the Civil Registrar of
Baguio City, Philippines and Secondary Student Permanent Record in Baguio City
National High School, it is stated that I was born on the October 5, 1990 at Notre
Dame Hospital, Baguio City, Philippines;
2. That my relatives, acting on the honest belief that I was born on October 5, 1991, had
used such date as my birth date in all pertinent school records when they processed
my enrollment at the University of the Cordilleras in Baguio City;
4. That I am executing this Affidavit of Discrepancy to attest to the truth of the foregoing
facts and to explain the discrepancy in my Certificate of Live Birth, Secondary Student
Permanent Record Transcript of Records and Voter Registration Form as regards the
date of my birth;
5. Further, I am declaring that from this date hereon I would be using my true and
correct date of birth of October 5, 1990 in all my papers, records and other
documents; and
6. That I am executing this affidavit to attest to the truth of the foregoing facts for record
and reference purposes.
IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of November
2013, in the City of Baguio, Philippines.
_______________________
Sam Pinto
Affiant
JURAT
7. AFFIDAVIT OF DISCREPANCY OF DATE OF MARRIAGE OF PARENTS
I, Sam Pinto, of legal age, Filipino citizen, single and now residing at 2J Morning
Star Rd., Lower Lourdes, Baguio City, Philippines, after having been duly sworn in
accordance with law, do hereby depose and state:
1. That I was born to the spouses VALIENT CONDE Q. CRUZ and MARY ANN C.
CRUZ on October 5, 1990 in Baguio General Hospital, Baguio City, Philippines as
evidenced by the Certificate of Live Birth issued by the Civil Registrar of Baguio
City;
2. That however, in the said Certificate of Live Birth, the date of marriage of my
parents was erroneously written as May 8, 1989 instead of the true and correct
date of May 28, 1989 as evidenced by the Certificate of Marriage of my parents
issued by the Civil Registrar of Baguio City, hereto attaches as Annex A;
4. That I execute this Affidavit of Discrepancy to attest to the truth of the foregoing
facts.
IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of November
2013, in the City of Baguio, Philippines.
_______________________
Sam Pinto
Affiant
JURAT
8. AFFIDAVIT OF DISCREPANCY OF MIDDLE NAME
I, Sam Pinto, of legal age, Filipino citizen, single and now residing at 2J Morning
Star Rd., Lower Lourdes, Baguio City, Philippines, after having been duly sworn in
accordance with law, do hereby depose and state:
1. That in my Certificate of Live Birth as recorded in the Office of the Civil Registrar of
Baguio City, Philippines, my middle name was erroneously written as COSME
instead of my true and correct middle name of COSUE;
2. That my true middle name is COSUE, as appearing in the same Certificate of Live
Birth as the maiden name of my mother;
3. That in all pertinent documents which I had used, including that of my scholastic
records, I used my true and correct middle name of COSUE;
4. That I am executing this Affidavit of Discrepancy to attest to the truth of the foregoing
facts and to explain the discrepancy in my Certificate of Live Birth, as regards my true
middle name.
IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of November
2012, in the City of Baguio, Philippines.
_______________________
Sam Pinto
Affiant
JURAT
9. AFFIDAVIT OF DISCREPANCY OF SURNAME/FAMILY NAME
I, Sam Pinto, of legal age, Filipino citizen, single and now residing at 2J Morning
Star Rd., Lower Lourdes, Baguio City, Philippines, after having been duly sworn in
accordance with law, do hereby depose and state:
1. That on April 20, 2008 I was issued a Philippine Passport with passport number
AA123456 in which my true surname CRUZ was stated;
2. That before the expiration of the aforementioned passport on April 19, 2013, I had
applied with the Philippine Embassy in Manila for the issuance of a new passport and
on June 5, 2013, I was issued a new Philippines passport with Passport NO.
BB654321.
4. That I execute this Affidavit of Discrepancy to attest to the truth of the foregoing facts
and to explain the discrepancy in my Philippine Passport as regards my surname.
IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of November
2012, in the City of Baguio, Philippines.
_______________________
Sam Pinto
Affiant
JURAT
10. AFFIDAVIT OF GUARDIANSHIP
AFFIDAVIT OF GUARDIANSHIP
I, Sam C. Pinto, of legal age, Filipino citizen, widow and now residing at 2J Morning
Star Rd., Lower Lourdes, Baguio City, Philippines, after having been duly sworn in
accordance with law, do hereby depose and state:
2. That said child has an interest in the PAG-IBIG provident benefits of my late husband
GLADE A. PINTO payable by the PAG-IBIG fund;
5. That I am competent to receive in behalf of the said minor any amounts due her; and
IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of November
2013, in Baguio City, Philippines.
_______________________
Sam Pinto
Affiant
JURAT
11. AFFIDAVIT OF ILLEGITIMACY
AFFIDAVIT OF ILLEGITIMACY
I, Sam Pinto, of legal age, Filipino citizen, single and now residing at 2J Morning
Star Rd., Lower Lourdes, Baguio City, Philippines, after having been duly sworn in
accordance with law, do hereby depose and state:
2. That as appearing in the records of the Office of the Civil Registrar of the City of
Baguio, Philippines, the father of the said child is SOLUTION B. WATSONS, as
certified by the attached Certificate of Live Birth;
3. That I hereby affirm and attest to the truth of the fact that the father of the above-
mentioned child is indeed SOLUTION B. WATSONS;
4. That at the time my child was born and until today, I am not legally married to
SOLUTION B. WATSONS as evidenced by an attached copy of a Certificate of No
Marriage which is likewise made an integral part of this document;
5. That I am executing this affidavit to attest to the truth of the foregoing facts and for
whatever legal purposes they may serve.
_______________________
Sam Pinto
Affiant
JURAT
12. AFFIDAVIT OF LEGITIMATION
AFFIDAVIT OF LEGITIMATION
2. We started cohabiting with each other as husband and wife in January of 2010 in our
present residence;
3. Our of our relationship was born a son on March 4, 2011 whom we named BAYGON;
4. As our son was born out of wedlock, he is considered illegitimate and bears the family
name of his mother which is AEROSOL;
5. At the time of birth of our child BAYGON, we possessed all the qualifications and
none of the disqualifications to marry each other;
6. As a result of our marriage, our child is legitimated and is now considered a legitimate
child and shall now bear the family name of his father which is FRESH-AIR;
7. We execute this affidavit to attest to the truth of the foregoing statements and for the
purpose of causing the legitimation of the status of our child and for all legal intents
and purposes it may serve.
IN WITNESS WHEREOF, we hereunto set our hands this 21st day of November, 2012
in the City of Baguio, Philippines.
JURAT
13. AFFIDAVIT OF LOSS OF PASSPORT
I, Sam Pinto, of legal age, Filipino citizen, single and now residing at 2J Morning
Star Rd., Lower Lourdes, Baguio City, Philippines, after having been duly sworn in
accordance with law, do hereby depose and state:
2. That I have always kept the same inside the topmost compartment of my bedside
table drawer;
3. That on March 4, 2013 when I looked for the said passport as I intended to use it
as competent evidence of identity as I will be executing an affidavit on that day, I
discovered that it was missing;
4. That I exerted diligent efforts to recover the said passport but the same proved
futile;
5. That the said passport was lost in the manner stated above and was not
confiscated nor cancelled by the issuing agency or other agencies for violation of
any of its terms and conditions, laws, rules and regulations;
6. That I am now executing this affidavit to attest to the truth of the foregoing facts,
to secure a replacement of the said lost passport, and for all legal intents and
purposes it may serve;
_______________________
Sam Pinto
Affiant
JURAT
14. AFFIDAVIT OF LOSS OF PERSONAL PROPERTY
I, Sam Pinto, of legal age, Filipino citizen, single and now residing at 2J Morning
Star Rd., Lower Lourdes, Baguio City, Philippines, after having been duly sworn in
accordance with law, do hereby depose and state:
1. That I availed of an Automated Teller Machine (ATM) card from Land Bank of the
Philippines last March 4, 2013 as I intended to have easier access to my deposits
in the said bank which at that time I could only access by using the Passbook
issued by the same bank;
2. That I have always kept the said ATM card in my purse that I bring with me
wherever I go;
3. That last October 1, 2013 I had my purse with me while on a Victory Liner Bus on
the way to Baguio City;
4. That upon alighting from the said bus I discovered that my purse was no longer
with me;
5. That I exerted diligent efforts to recover the purse which held my ATM card but
the same proved to be futile;
6. That said ATM card was lost in the manner stated above and was not confiscated
nor cancelled by the issuing bank for violation of any of its terms and conditions,
rules and regulations;
7. That I am now executing this affidavit to attest to the truth of the foregoing facts,
to secure a replacement ATM card, and for all other legal intents and purposes it
may serve.
_______________________
Sam Pinto
Affiant
JURAT
15. AFFIDAVIT OF NON-OPERATION OF BUSINESS
I, Sam Pinto, of legal age, Filipino citizen, single and now residing at 2J Morning
Star Rd., Lower Lourdes, Baguio City, Philippines, after having been duly sworn in
accordance with law, do hereby depose and state:
1. That I am the President and Chief Executive Officer of The Neverland Project, Inc., a
corporation duly organized and existing under the laws of the Philippines, engaged in
the retailing of ready-to-wear garments, with principal office at 6D Morning Star Rd.,
Lower Lourdes, Baguio City, Philippines;
2. That said corporation was incorporated on March 4, 2008 and acquired by the
undersigned by the purchase of its corporate property in the above address sometime
in March 2010 but has ceased operations in view of the recent economic slump in the
country;
3. That the stockholders and directors of the corporation and contemplating on reviving
its operations in the near future when the opportune time comes;
4. That I am executing this affidavit in order to attest to the truth of the foregoing facts
and for the purpose of complying with the reportorial requirements of the Securities
and Exchange Commission.
_______________________
Sam Pinto
Affiant
JURAT
16. AFFIDAVIT OF NON-TENANCY
AFFIDAVIT OF NON-TENANCY
I, Sam Pinto, of legal age, Filipino citizen, single and now residing at 2J Morning
Star Rd., Lower Lourdes, Baguio City, Philippines, after having been duly sworn in
accordance with law, do hereby depose and state:
2. I have been planting vegetables in this land area since the 1980s and have devoted all
portions of it for Agricultural purposes;
4. I am executing this affidavit to attest to the truth of the foregoing, to satisfy the
requirements of the proper government agencies and private institutions, and for all
legal intents and purposes that it may serve.
_______________________
Sam Pinto
Affiant
JURAT
17 AFFIDAVIT OF TRANSFEREE
AFFIDAVIT OF TRANSFEREE
I, SAM PINTO, of legal age, Filipino citizen, single and now residing at 2J Morning
Star Rd., Lower Lourdes, Baguio City, Philippines, after having been duly sworn in
accordance with law, do hereby depose and state:
1. That my total aggregate landholdings, including the parcel of land containing a land
area of ONE HUNDRED TWENTY (120) SQUARE METERS, located at Buhaw,
Puguis, La Trinidad, Benguet, that I acquired from CLAUDETTE A. GARCIA, thru
a Deed of Absolute Sale of a Registered Land covered by Doc. No. 27; Page No. 6;
Book No. I; Series of 2012 of the Notarial Registry of Atty. BRYAN M. CHOA of
Baguio City, Philippines, dated May 25, 2012, does not exceed FIVE (5) hectares;
_______________________
Sam Pinto
Affiant
JURAT
18. AFFIDAVIT OF TRANSFEROR
AFFIDAVIT OF TRANSFEROR
I, SAM PINTO, of legal age, Filipino citizen, single and now residing at 2J Morning
Star Rd., Lower Lourdes, Baguio City, Philippines, after having been duly sworn in
accordance with law, do hereby depose and state:
1. My total aggregate landholdings, including that parcel of land containing a land area
of ONE HUNDRED (100) SQUARE METERS, located at Tuding, Itogon Benguet, that
I sold to CLAUDETTE A. GARCIA, thru a Deed of Absolute Sale of a Registered
Land covered by Doc. No. 12; Page No. 2; Book No. I; Series of 2012 of the Notarial
Registry of Atty. GERALD A. GERONIMO of Baguio City, Philippines, dated April 21,
2012, does not exceed FIVE (5) hectares;
IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of November
2013, in Baguio City, Philippines.
_______________________
Sam Pinto
Affiant
JURAT
19. AFFIDAVIT OF OWNERSHIP WITH UNDERTAKING
I, SAM PINTO, of legal age, Filipino citizen, single and now residing at 2J Morning
Star Rd., Lower Lourdes, Baguio City, Philippines, after having been duly sworn in
accordance with law, do hereby depose and state:
1. That I am the absolute and legal owner of a GSM handset described as follows:
Make/Model: SAMSUNG GALAXY S III - Black
International Mobile Equipment Identification (IMEI): 4754711148287792
2. That on October 25, 2013, I executed an Affidavit of Ownership and Loss with
Undertaking and filed the same with the National Telecommunication Commission to
authorize said commission and all CMTS to block the said GSM handset for the
reason that said cellphone was stolen from me by unidentified person/s during a trip
to Boracay;
3. However, on November 15, 2013, I was able to retrieve said GSM handset through a
common friend;
4. I hereby request/authorize the National Telecommunication Commission and all
CMTS carriers to unblock the said GSM Handset;
5. I hereby undertake to hold free from any responsibility or shall not hold NTC and the
above-mentioned carriers liable for whatever claims, loss or damages or any party
may institute by reason of NTCs action to unblock the afore-mentioned unit;
6. In support of this request and as proof of my ownership of said cellphone unit, I
attached hereto a photocopy of the following documents:
A. Social Security System Identification Card Number 8835789
B. Professional Drivers License No. AD-8885523122
C. Employment Identification Card No. SMC-02-1558
D. Police Report No. M-23145 (October 20, 2013)
E. Receipt No. SM-899975
7. I am executing this affidavit to attest to the truth of the foregoing facts and for
whatever legal intents and purposes it may serve.
_______________________
Sam Pinto
Affiant
JURAT
20. AFFIDAVIT OF OWNERSHIP OF PERSONAL PROPERTIES FOR CONTRACT
OF PLEDGE
I, SAM PINTO, of legal age, Filipino citizen, single and now residing at 2J Morning
Star Rd., Lower Lourdes, Baguio City, Philippines, after having been duly sworn in
accordance with law, do hereby depose and state:
1. That I am the true and absolute owner of the following personal properties, to wit:
Motor Vehicle
MAKE/TYPE Toyota Hi-lux Pick-up
MOTOR NO. 5L52-BHND5337
CHASSIS NO. NNCKSLC919E112997
PLATE NO.. CDY-114
Personal Computer
MAKE/TYPE Acer emachines Netbook
SPECIFICATIONS:
LED LCD . 10.1
CPU .. Intel Atom N455
DDR3 Memory 2 GB
HDD .. 500 GB
Li-ion Battery 8-cell
2. That I intend to deliver the said personal properties as a collateral to secure the loan
that I am applying for from Maryhill Credit and Loans Cooperative;
3. That I hereby warrant title and ownership over the above-mentioned personal
properties and I will defend the possession of the Pledge from eviction;
4. That I execute this Affidavit of Ownership to attest to the truth of the aforementioned
facts and in support of my application for a loan and for any other legal purposes that
this Affidavit could serve.
_______________________
Sam Pinto
Affiant
JURAT
21. AFFIDAVIT OF PUBLICATION
AFFIDAVIT OF PUBLICATION
I, SAM PINTO, of legal age, Filipino citizen, single and now residing at 2J Morning
Star Rd., Lower Lourdes, Baguio City, Philippines, after having been duly sworn in
accordance with law, do hereby depose and state:
2. That the notice in the exact form annexed was published in the regular issues of the
Midland Courier which was regularly distributed to its subscribers during the period
stated in the annexed Notice of Judicial Settlement of the Estate of RENZ MARK B.
GARCIA;
3. That the notice was published on September 30, October 7 and 14, 2012;
4. That the amount of the fee charged in the foregoing publishing in the amount of
Php3,000.00 has been paid in full.
_______________________
Sam Pinto
Affiant
JURAT
22. AFFIDAVIT OF SUPPORT
AFFIDAVIT OF SUPPORT
IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of November
2013, in Baguio City, Philippines.
_______________________
RENZ MARK B. GARCIA
Affiant
JURAT
23. AFFIDAVIT OF TRANSFER
AFFIDAVIT OF TRANSFER
We, RENZ MARK B. GARCIA, single, of legal age, Filipino citizen, and with
residence and postal address at 6D Morning Star Road, Lower Lourdes, Baguio City and
SAM PINTO, single, of legal age, Filipino citizen, and with residence and postal address at
2J Morning Star Road, Lower Lourdes, Baguio City, after having been duly sworn in
accordance with law, do hereby depose and state:
1. That I, RENZ MARK B. GARCIA, sold in favor of SAM PINTO, with an area of
ONE HUNDRED FORTY (140) SQUARE METERS more or less, located at West
Buyagan, La Trinidad, Benguet by virtue of that Absolute Deed of Sale of Registered
Land entered as Doc. No. 10; Page No. 2; Book No. I; Series of 2012, of the Notarial
Registry of Atty. HERMIONE G. QUINTIN of Baguio City, Philippines, dated April 21,
2012 is my retention area of not more than five (5) hectares;
2. That I, SAM PINTO, own an aggregate landholding, including the land area of ONE
HUNDRED FORTY (140) SQUARE METERS that I am acquiring from RENZ
MARK B. GARCIA, which is not more than five (5) hectares;
3. That this affidavit is executed in compliance with the DAR Administrative Order No.
01, Series of 1989 as well as to show proof that the land subject of the above-
mentioned transaction is a retention area or portion of a retention area not exceeding
five (5) hectares.
IN WITNESS WHEREOF, we have hereunto set our hands this 21st day of November
2013, in the City of Baguio, Philippines.
____________________________ ________________
RENZ MARK B. GARCIA SAM PINTO
Affiant Affiant
JURAT
24. AFFIDAVIT OF WARRANTY
AFFIDAVIT OF WARRANTY
I, SAM PINTO, of legal age, Filipino citizen, single and now residing at 2J Morning
Star Rd., Lower Lourdes, Baguio City, Philippines, after having been duly sworn in
accordance with law, do hereby depose and state:
1. That I am the actual buyer of that motor vehicle which is specifically described as
follows:
Motor Vehicle
MAKE/TYPE Honda Civic
MOTOR NO. 27M89-MMND7213
CHASSIS NO. KLMDBCW721D121253
PLATE NO.. CDY-114
2. That the fact of purchase is evidenced by that Deed of Sale of Motor Vehicle dated
August 21, 2012 whereby RENZ MARK B. GARCIA is the vendor and I am the
vendee as entered in the notarial register of Atty. LEE RYAN MERCEDES as Doc. No.
14, Page No. 3, Book No. 1 , and Series of 2012, a copy of said Deed of Sale is hereto
attached for reference;
3. That I hereby attest to the authenticity of said Deed of Sale and the genuineness of the
transaction and in furtherance thereof, I hereby release the officers and staff of the
Land Transportation Office from any liability which may occur in the event that there
is any flaw or legal infirmities in said transaction;
4. That I am executing this affidavit in order to attest to the veracity of the foregoing
circumstances and as a warranty on the authenticity and genuineness of the above
mentioned transaction.
IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of November
2013, in Baguio City, Philippines.
_______________________
Sam Pinto
Affiant
JURAT
25. AFFIDAVIT OF WITHDRAWAL
AFFIDAVIT OF WITHDRAWAL
I, SAM PINTO, of legal age, Filipino citizen, single and now residing at 2J Morning
Star Rd., Lower Lourdes, Baguio City, Philippines, after having been duly sworn in
accordance with law, do hereby depose and state:
1. That I filed my candidacy for Kagawad in our barangay for this coming Barangay
Election to be held on September 2, 2013;
3. That I had changed my initial plan to run as Barangay Kagawad and am now
withdrawing my candidacy for the said position;
IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of November
2013, in Baguio City, Philippines.
_______________________
Sam Pinto
Affiant
JURAT
CHAPTER III : DEEDS
ANGELO R. FERNANDO, single, of legal age, Filipino Citizen, with residence and
postal address at #105 Upper Asin Road, Baguio City, Philippines hereinafter referred to as
the VENDOR;
-and-
DENNIS FOLLO, single, of legal age, Filipino Citizen, with residence and postal
address at #20 Morning Glory St., Navy Base, Baguio City, Philippines, hereinafter referred
to as the VENDEE;
WITNESSETH THAT:
2. The VENDOR agreed to sell and the VENDEE is willing to buy the above-
described parcel of registered land including all its improvements;
4. It is hereby declared that the boundaries of the foregoing land are visible by
means of natural and man-made boundaries as shown in the survey plan of the
above-described parcel of land;
5. The VENDOR hereby warrants that the above-described parcel of land is free from
liens and encumbrances and further warrants the peaceful possession by the
VENDEE of the hereto sold property;
6. FURTHER, that the requirements under the provisions of ARTICLE 1623 OF THE
NEW CIVIL CODE have been complied with.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this
25th day of November 2013 in the City of Baguio, Philippines.
ACKNOWLEDGMENT
2. ABSOLUTE DEED OF SALE OF MOTOR VEHICLE
and
WHEREAS, the herein VENDOR, is the absolute owner of a motor vehicle by virtue
of that Deed of Donation of a Motor Vehicle dated April 9, 2013 entered in the Notarial
Registry of Atty. Elvis Gabat as Document No. 51, Page No. 33, Book No. 32, Series of 2013
which is more particularly described as follows, to wit:
MOTORVEHICLE
The VENDOR hereby warrants that the above-described motor vehicle is free from
any, defects, lien or encumbrance and that he will defend the title and rights of the VENDEE
from any claims of whatever kind or nature from third persons.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this
25th day of November 2013 in the City of Baguio, Philippines.
.
KYNDELL G. HILARIO KARINA FATIMA F. HODLACON
Vendor Vendee
ACKNOWLEDGMENT
3. DEED OF ABSOLUTE SALE OF AN UNREGISTERED LAND
-and-
PAULFRED TOMBALI, single, of legal age, Filipino Citizen, with residence address
at #462 Maria Pucay, Pinsao Proper, Philippines, hereinafter called the VENDEE;
WITNESSETH THAT:
The VENDORS are the owners of a certain unregistered parcel of land situated at
Sabkil, Loacan, Itogon, Benguet, Philippines and more specifically described as follows, to
wit:
BOUNDARIES:
NORTH: Lot 2 SOUTH: Lot 2052
EAST : Lot 1 WEST : Lot 4
KIND: Camotal land
AREA: 4.6351 ha.
MARKET VALUE: Php 42,300.00
ASSESSED VALUE: Php 13,060.00
The VENDORS decide to sell the entire area of the above-described unregistered land
including all the improvements therein to herein VENDEE;
For and in consideration of the total sum of ONE HUNDRED THIRTY NINE
THOUSAND AND FIFTY THREE PESOS (Php139,053.00) ONLY, PHILIPPINE
CURRENCY, paid by the VENDEE to the VENDORS, the VENDORS by these present hereby
SELL, TRANSFER and CONVEY, unto the said VENDEE, his heirs and assigns the above
described portion of property;
It is hereby declared that the boundaries of the foregoing land are visible by means of
natural and man-made boundaries;
The Vendors hereby warrant that the above-described portion of unregistered land is
free from all liens and encumbrances;
The above-described real estate property, not having been registered under Act No.
496 nor under the Spanish Mortgage Law, the parties hereto have agreed to register this
instrument under the provisions of Sec. 194 of the Revised Administrative Code, as amended
by Act No. 3344.
ACKNOWLEDGMENT
4. CONDITIONAL DEED OF SALE OF A PORTION OF AN UNREGISTERED
ICHELLE H. MLABUYOC, of legal age, single with residence at 142 San Carlos
Extension, Baguio City, Philippines, herein referred to as the VENDEE.
WITNESSETH:
WHEREAS, the VENDOR is the owner of a parcel of land with an area of SEVEN
HUNDRED THREE SQAURE METERS situated at Honeymoon Road, Baguio City,
Philippines, covered by a tax declaration with Assessment of Real Property (ARP) No.
99-002-01956, specifically described as follows:
3. Upon acceptance of the advance payment, the VENDOR shall allow the VENDEE
to enter into the premises of the said parcel of land and introduce any improvement
thereon including building of a house;
4. The transfer to the VENDEE of the absolute ownership over the said portion
(SEVEN HUNDRED THREE (703)sq. m.) of the said parcel of land and the transfer
to their names shall be made upon FULL PAYMENT of the agreed consideration;
WHEREAS, it is further agreed that the said portion of said parcel of land shall not be
SOLD, MORTGAGED or ENCUMBERED to any third person without the written
consent of the VENDEE;
WHEREAS, failure by the VENDOR to comply with his obligations herein set-forth
shall oblige him to return to the VENDEE the amount of the advance payment/s made plus
legal interests;
WHEREAS, the VENDOR warrants that the above-described parcel of Land is free
from any lien and/or encumbrance;
FINALLY, this contract shall be binding and enforceable upon the heirs, assigns and
the successors of the parties herein.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this
25th day of November 2013 in the City of Baguio, Philippines.
ACKNOWLEDGMENT
5. CONDITIONAL DEED OF SALE OF A REGISTERED LAND
This DEED OF CONDITIONAL SALE, made and entered into by and between:
-and-
THERESA R. MIRADA, single, of legal age, Filipino citizen, with residence and
postal address at #13 East Bayan Park, Aurora Hill, Baguio City, hereinafter referred to as the
VENDEE;
W ITNESSETH:
WHEREAS, the VENDOR is the absolute owner, in fee simple of that certain parcel
of land located in Loakan, Baguio City, covered by Transfer Certificate of Title No. T-
18338, more particularly described as follows:
WHEREAS, the VENDOR has agreed to sell unto and in favor of the VENDEE, and
the VENDEE is willing and/or agreeable to buy from the VENDOR, its ownership, rights
and interest a portion of the above-described land with an area of THREE HUNDRED
FIFTY TWO (352) SQUARE METERS with a total consideration of TWO MILLION
TWO HUNDRED EIGHTY EIGHT THOUSAND PESOS (Php2,288,000.00),
Philippine Currency, under the terms and conditions provided hereunder;
Now, therefore, for and in consideration of the foregoing, they do hereby agree as
follows:
1. That upon signing of this Conditional Deed of Sale, the VENDEE shall pay ONE
MILLION TWO HUNDRED THOUSAND PESOS (Php1,200,000.00), as
downpayment;
3. That upon receipt of the Bank Guarantee in favor of the VENDOR, the latter shall
execute an Absolute Deed of Sale in favor of the VENDEE;
4. That failure to pay the balance shall cause the automatic rescission of this Contract
with damages in the amount of ONE HUNDRED THOUSAND PESOS
(Php100,000.00);
5. That the realty taxes and special assessments on the subject property on or before the
date of sale, cost of operation of the documents of sale, and notarial fees shall be for
the account of the VENDOR; while those realty taxes that shall accrue after the date
of this Conditional Deed of Sale, capital gains tax, documentary stamps, costs of
registration, transfer tax, and all incidental expenses for the issuance of the new title
shall be for the account of the VENDEE;
IN WITNESS WHEREOF, the parties have hereunto set their hands, and affix their
signatures, this 25th day of November 2013 in the City of Baguio, Philippines.
JUANA MALABUYOC
Vendors Wife
ACKNOWLEDGMENT
6. DEED OF ASSIGNMENT
DEED OF ASSIGNMENT
GRETCHEN A. ALUNDAY, single, of legal age, Filipino citizen, with residence and
postal address at Unit 2 Genesis Point Village, Irisan, Baguio City, Philippines, hereinafter
referred to as the ASSIGNOR;
-and-
JOANALYN B. BISSOK, single, of legal age, Filipino citizen, with residence and
postal address at OD 110-F Banig, Tawang, La Trinidad, Benguet, Philippines, hereinafter
referred to as the ASSIGNEE.
WITNESSETH:
of which real estate the ASSIGNOR is the registered owner, her title being evidenced by
Transfer Certificate of Title No. 34567 issued by the Register of Deeds of La Trinidad,
Benguet, Philippines.
That the ASSIGNEE does hereby accept this assignment in full payment of the
above-mentioned debt of ONE HUNDRED TWENTY THOUSAND PESOS
(Php120,000.00), Philippine Currency.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this
25th day of November 2013 in the City of Baguio, Philippines.
ACKNOWLEDGMENT
7. DEED OF CHATTEL MORTGAGE
-and
FRANCIS ALLEN T. PALIGAN, JR., of legal age, Filipino citizen, with residence
and postal address at URDHI Compound, Baguio City, Philippines, hereinafter referred to as
the MORTGAGEE;
W I T N E S S E T H:
That the MORTGAGOR is the owner a motor vehicle, which is particularly described
hereunder, to wit:
That for and inconsideration of a LOAN obtained by the MORTGAGOR from the
MORTGAGEE in the sum of FIVE HUNDRED THOUSAND PESOS
(Php500,000.00), Philippine Currency, with an interest of TEN PERCENT (10%)
MONTHLY, and to secure the payment of the same, the MORTGAGOR hereby freely and
voluntarily CEDE, TRANSFER, AND CONVEY by way of mortgage unto the
MORTGAGEE, his successors and assigns, that motor vehicle above described;
The MORTGAGOR hereby warrants that the above-described motor vehicle is free
from any claim whatsoever, except that which appears in the Certificate of Registration, if
any.
The MORTGAGEE with notice to the MORTGAGOR, reserves the right to sell,
cede, transfer, assign or convey to any person or entity its right and interest in and to this
chattel mortgage so long as the same is subsisting.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this
25th day of November 2013 in the City of Baguio, Philippines.
ACKNOWLEDGMENT
8. DEED OF CONDITIONAL SALE
This DEED OF CONDITIONAL SALE, made and entered into by and between:
ELEAZAR GODOY, married to WIFE GODOY, of legal age, Filipino Citizen, with
residence and postal address at #41 Upper Engineers Hill, Baguio City, Philippines,
hereinafter referred to as the VENDOR;
-and-
KEO LAUS, single, of legal age, Filipino citizen, with residence and postal address at
#13 East Bayan Park, Aurora Hill, Baguio City, hereinafter referred to as the VENDEE;
W ITNESSETH:
WHEREAS, the VENDOR is the absolute owner, in fee simple of a certain parcel of
land located in Loakan, Baguio City, covered by Transfer Certificate of Title No. T-
18338, more particularly described as follows:
A parcel of land (Lot 2-A-6-C, of the subdivision plan, (LRC) Psd-47132, being a
portion of Lot 2-A-6, described on plan, (LRC) Psd-11998, LRC (GLRO) Rec. No. Civil Res.
No. 211), situated in the Barrio of Res. Sec. J, City of Baguio, Bounded on the N., points 2
to 3, by Lot 2-A-5, (LRC) Psd-11998; on the E., points 3 to 4, by Lot 2-A-7, Psd-11998; on the
SE., points 4 to 1, by Lot 2-A-6-A of the subdivision plan; and on the W; points 1 to 2, by Lot
2-A-6-B, of the subdivision plan. Beginning at a point marked 1 on plan, being N. 68 deg.
38 E., 715.59 m. from Triangulation Station, Worcester, Baguio Townsite xxx.
WHEREAS, the VENDOR has agreed to sell unto and in favor of the VENDEE, and
the VENDEE is willing and/or agreeable to buy from the VENDOR, its ownership, rights and
interest a portion of the above-described land with an area of THREE HUNDRED FIFTY
TWO (352) SQUARE METERS with a total consideration of TWO MILLION TWO
HUNDRED EIGHTY EIGHT THOUSAND PESOS (Php2,288,000.00), Philippine
Currency, under the terms and conditions provided hereunder;
Now, therefore, for and in consideration of the foregoing, they do hereby agree as
follows:
1. That upon signing of this Conditional Deed of Sale, the VENDEE shall pay ONE
MILLION TWO HUNDRED THOUSAND PESOS (Php1,200,000.00), as
downpayment;
2. That the balance of ONE MILLION EIGHTY-EIGHT THOUSAND PESOS
(Php1,088,000.00) shall be paid through Philippine National Bank, Session Road
Branch on or before sixty (60) days, or until June 19, 2013, from the execution of this
Conditional Deed of Sale;
3. That upon receipt of the Bank Guarantee in favor of the VENDOR, the latter shall
execute an Absolute Deed of Sale in favor of the VENDEE;
4. That failure to pay the balance shall cause the automatic rescission of this Contract
with damages in the amount of ONE HUNDRED THOUSAND PESOS
(Php100,000.00);
5. That the realty taxes and special assessments on the subject property on or before the
date
of sale, cost of operation of the documents of sale, and notarial fees shall be for the
account of the VENDOR; while those realty taxes that shall accrue after the date of
this Conditional Deed of Sale, capital gains tax, documentary stamps, costs of
registration, transfer tax, and all incidental expenses for the issuance of the new title
shall be for the account of the VENDEE;
IN WITNESS WHEREOF, the parties have hereunto set their hands, and affix their
signatures, this 25th day of November 2013 in the City of Baguio, Philippines.
JUANA GODOY
Vendors Wife
KEO LAUS
Vendee
ACKNOWLEDGMENT
9. DEED OF DONATION
DEED OF DONATION
JEAN N. FUSTER, single, of legal age, Filipino citizen, with residence and postal
address at Unit 49, Ina Mansion Condominium, Kisad Road, Baguio City, hereinafter
referred to as the DONOR;
- in favor of
KIMBERLY R. MORADO, single, of legal age, Filipino citizen, with residence and
postal address at No. 18 Valenzuela St., Salud Mitra, Baguio City, hereinafter referred to as
the DONEE;
W I T N E S S E T H:
That the DONOR is the owner in fee simple of a certain parcel of land situated at
Kitma Village, Baguio City covered by Transfer Certificate of Title No. T-7840 of the Register
of Deeds of Baguio, and more particularly described as follows:
Lot 3
Res. Sec. F,
A parcel of land Res. Sec. F, Kitma Village,City of Baguio, Island
of Luzon, Philippines and containing an area of FIVE HUNDRED
(500) SQUARE METERS more or less, shape and dimension of said
tract being as indicated in the accompanying preliminary survey
plan; x x x.
That for and in consideration of the love and affection which the DONEE inspires in
the DONOR, and as an act of liberality and generosity, the DONOR hereby voluntarily and
freely gives, transfers and conveys, by way of donation, unto said DONEE, her heirs,
executors and assigns, all of the right, title and interest which said DONOR has in the above-
described real property, together with all the buildings and improvements found therein, free
from all liens and encumbrances and charges of whatsoever nature;
That the DONOR hereby states, for the purpose of giving full effect and validity to this
donation, that she has reserved to himself sufficient property, in full ownership or in
usufruct, which is necessary and adequate for her support in consonance with her standing in
the society;
That the DONOR further states, for the same purpose as expressed in the next
preceding paragraph, that this donation is not made with the object of defrauding his
creditors, having reserved to herself property sufficient to answer for her debts contracted
prior to this date;
That the DONEE hereby accepts and receives this gift and donation made in her favor
by the DONOR, and she hereby expresses her appreciation and gratefulness for the kindness
and generosity of the DONOR;
That the DONOR hereby retains the right to control and dispose at will the above-
mentioned property before her death, without need of the consent or intervention of the
DONEE.
IN WITNESS WHEREOF, the parties have hereunto set their hands this 7th day of
May 2010, in the City of Baguio, Philippines.
ATTESTATION CLAUSE
We, the undersigned witnesses, whose residences are stated opposite our respective
names, do hereby certify: That the Donor, JEAN N. FUSTER, has made known to us the
foregoing donation mortis causa consisting of Two (2) pages, numbered correlatively in
letters on the upper part of each page, as his donation mortis causa and has signed the same
and every page thereof, on the left margin in our joint presence, and we in the same manner
have witnessed and signed the same and every page thereof, on the left margin, in the
presence of the donor and in the presence of each and all of us.
(A C K N O W L E D G M E N T)
(Notary Public)
10. DEED OF DONATION OF A PORTION OF AN UNREGISTERED LAND
DEED OF DONATION
SHAWN SINON, of legal age, single, Filipino Citizen and with residence at 82
Aurora Hill, Baguio City, Philippines, herein referred to as the DONOR,
and
WITNESSETH:
WHEREAS, the DONOR is the registered owner of the following properties, to wit:
1. A parcel of land covered by Declaration of Real Property with ARP No. 99-006-
00017, described as follows:
WHEREAS, for and in consideration of the love and affection which the DONOR
has for the DONEE, the DONOR by these presents, hereby TRANSFERS and CONVEYS,
by way of DONATION, unto the said DONEE, the above described real properties, free
from all liens and encumbrances;
WHEREAS, the DONOR does hereby state, for the purpose of giving full effect to
this donation, that he has reserved for himself in full ownership of sufficient properties to
support his needs;
WHEREAS, the DONEE does hereby accept this donation of the above-described
real property, and does hereby express their gratitude for the kindness and liberality of the
DONOR;
WHEREAS, the provisions of Article 1623 of the New Civil Code of the Philippines
and ACT 3344 have been complied with;
IN WITNESS WHEREOF, the parties have hereunto affixed their signature this
19th day of April 2013, in Baguio City, Philippines.
ACKNOWLEDGMENT
11. DEED OF EXCHANGE
DEED OF EXCHANGE
-and-
GEM N. WIGAN, single, of legal age, Filipino Citizen, with residence and postal
address at Ambiong, La Trinidad, Benguet, hereinafter referred to as the SECOND PARTY.
WITNESSETH:
WHEREAS, the FIRST PARTY is the owner and present possessor of a parcel of land
located at Ambiong, La Trinidad, Benguet with an area of FIVE HUNDRED FORTY (540)
SQUARE METERS, more or less, covered by Tax Declaration No. 99-012-01202,
particularly described as follows:
WHEREAS, the SECOND PARTY is the owner and present possessor of a certain
parcel of land covered and embraced by Transfer Certificate of Title No. T-19883 and more
particularly described as follows:
WHEREAS, the FIRST PARTY thus hereby CEDE, TRANSFER, DELIVER and
CONVEY unto the SECOND PARTY its property located in Ambiong, La Trinidad,
Benguet as afore-described (A copy of the sketch plan of the aforementioned property is
hereto attached as ANNEX A). LIKEWISE, the SECOND PARTY, hereby
simultaneously CEDE, TRANSFER, DELIVER and CONVEY unto the FIRST PARTY
the aforementioned property;
WHEREAS, the PARTIES herein do hereby warrant that their respective properties
subject of this Deed of Exchange are free against any claim from third person of whatever
kind and nature;
WHEREAS, the provisions of Art. 1623 of the New Civil Code of the Philippines has
been complied with.
(A C K N O W L E D G M E N T)
(Notary Public)
12. DEED OF REAL ESTATE MORTGAGE OF A REGISTERED LAND
SALLY A. AQUIPEL, single, of legal age, Filipino citizen, with residence and postal
address in #93 Brookside, Baguio City, hereinafter referred to as the MORTGAGOR;
-and-
JAMES D. ARONZA, married to Virgie A. Castro, of legal age, Filipino citizen and
with residence and postal address at #10 Quezon Hill, Baguio City, hereinafter referred to as
the MORTGAGEE;
W I T N E S S E T H:
Including the residential house erected therein covered by ARP No. 2009-89-051-
85139 of the records of the Assessors Office of Baguio City.
3. Of which parcel of land, the MORTGAGOR is the absolute owner and present
possessor as evidenced by TCT NO. T-73169 of the records of Register of Deeds of Baguio
City, under Assessment of Real Property ARP No. 2009-89-051-85139 (land) and (ARP) No.
2009-829-085--84164 (building) of the records of the City Assessors Office and Register of
Deeds of Baguio City, free from all liens and encumbrances.
5. This mortgage shall also stand as security for said obligations and all other obligations
of the MORTGAGOR to the MORTGAGEE of whatever kind and nature whether such
obligations have been contracted before, during or after the constitution of this mortgage.
However, if the MORTGAGOR shall pay the MORTGAGEE, his successors or assigns,
the obligations secured by this mortgage, together with the interest, cost and other expenses,
on or before the date they are due, and shall keep and perform, then this mortgage shall be
null and void, otherwise, it shall remain in full force and effect;
b. The MORTGAGOR shall not make any alteration upon or demolish any building or
buildings herein mortgaged or encumber the same, without the prior written consent of the
MORTGAGEE;
c. The MORTGAGEE may be a bidder at the sale of the mortgaged properties under
foreclosure proceedings;
d. The MORTGAGOR shall execute such other documents as may be required by the
MORTGAGEE in connection with the loans secured by this mortgage contract subject to the
mutual agreement of both parties;
e. That should the MORTGAGOR duly pay or cause to be paid unto the MORTGAGEE and
the latters heirs and assigns, his total indebtedness of SIX HUNDRED THOUSAND
PESOS (Php600,000.00), Philippine currency including its THREE PERCENT (3%)
monthly interest on or before February 1, 2013, then this mortgage shall thereby be
discharged and rendered of no force and effect. Otherwise, the MORTGAGOR does hereby
agree that said JAMES D. CASTRO, may enforce his rights herein without judicial
proceedings by causing the above-described real property to be sold at public auction in
Baguio City where the property is situated in accordance with Act No. 3135, as amended by
Act No. 4118;
f. That effective upon the breach of any condition or stipulation of this mortgage, the
MORTGAGEE is hereby appointed by the MORTGAGOR as his attorney-in-fact to sell or
dispose of said property according to Act No. 3135, as amended by Act No. 4118;
g. That should the MORTGAGOR fails to pay his debt of SIX HUNDRED THOUSAND
PESOS (Php600,000.00), Philippine currency including its THREE PERCENT (3%)
monthly interest, on the 1st day of February 2012, said MORTGAGOR does hereby agree to
pay a penalty of 1% thereof per month of delay effective on February 1, 2012;
h. That should the MORTGAGOR pay his debt before the 1st day of February 2012, he
will only pay the principal amount of SIX HUNDRED THOUSAND PESOS
(Php600,000.00), Philippine Currency plus accrued interests as of the date of payment;
and
i. That the parties hereto agreed to record this instrument under Act No. 496, as amended
and likewise under Act No. 3344.
IN WITNESS WHEREOF, the parties have hereunto set their hands in Baguio City,
Philippines, on this 8th day May of 2010.
(A C K N O W L E D G M E N T)
(Notary Public)
13. DEED OF REAL ESTATE MORTGAGE OF AN UNREGISTERED LAND
RHONA D. ESTRADA, of legal age, single, Filipino, and with residence and postal
address at 25 Leonard Wood Road, Baguio City hereinafter known as the MORTGAGOR.
-and-
WITNESSETH:
That the MORTGAGOR is the lawful, absolute and exclusive owner and actual
possessor of a property free from all liens and encumbrances particularly described as
follows:
That the MORTGAGOR, for and in consideration of the sum of SIX HUNDRED
THOUSAND PHILIPPINE PESOS (Php. 600,000.00), received from the
MORTGAGEE, does hereby mortgage unto the said MORTGAGEE, his heirs and assigns,
the above-described real property including its improvements;
The herein parties have agreed that the above-mentioned loan shall earn interest of
EIGHT (8%) percent monthly for a period of TEN (10) months from execution of this
contract.
Advance payment of TEN (10%) percent for one (1) month shall be paid upon
execution of this contract with the subsequent interest to be paid on every 30 th day of every
month thereafter up to the duration of this contract;
That this Real Estate Mortgage of House and Lot may be renewed upon option of the
parties under such terms and conditions acceptable to them;
During the enforcement / term of this contract, the MORTGAGOR shall not enter
into any contract that may encumber the above-described property unless with the express
and written consent of the MORTGAGEE;
That in case of non-payment by the MORTGAGOR of the herein amount and the
MORTGAGEE is compelled to pursue foreclosure proceedings, the MORTGAGOR does
hereby agree that the said MORTGAGEE may enforce his rights herein without judicial
proceedings by causing the above-described property is located, after giving notice of sale for
20 days posted in at least three public places of the said city; said sale to take place at the
Baguio City Hall, by the judge of the Regional Trial Court or the Sheriff; as the case may be,
in accordance with Act No. 3135 as amended by Act No. 4118;
That the cost of publication, sale, collection, attorneys fees, taxes and charges in
relation to the foreclosure sale shall be borne by the MORTGAGOR.; and
That the parties do hereby agree to register the Real Estate Mortgage pursuant to the
provisions of Act 3135 as amended by Act No. 4118.
IN WITNESS WHEREOF, we have hereunto signed this deed of sale, this 8th day
of May 2010, in Baguio City, Philippines.
ACKNOWLEDGMENT
14. DEED OF SALE OF A SUBDIVIDED REGISTERED LAND
CLARIZA C. BARRIENTOS, of legal age, single, Filipino, and with residence and
postal address at 46Pacdal, Baguio City hereinafter known as the VENDOR.
-and-
WITNESSETH:
That the VENDOR is the absolute owner of a certain parcel of land situated in
Trancoville, Baguio City, covered by Transfer Certificate of Title No. T-465836 issued by the
Registry of Deeds of Baguio City, and more particularly described as follows:
A parcel of Land (Lot 5, Blk. 11, Psd-1-014521, being a portion of Lot 19, II-
11894, L.R.C. Rec. No. ___), situated in the Bo.Trancoville, City of Baguio,
Island of Luzon. Bounded on the SE., along line 6-1-2 by Lot 4, Blk. 11, on the
SW., along line 2-3 by Alley Lot 5, on the NW., along line 3-4 by Lot 5, Blk. 11,
on the NE., along line 4-5-6 by Drainage I Lot 6, all of the Psd-1-014521.
Beginning at a point marked 1 of Lot 5 Blk. 11, on plan being S. 4 deg. 13W.,
797.98 m. from B.L. No. 7, Baguio Townsite, thence:
That the VENDOR does hereby warrant valid title to and peaceful possession of, the
portion of land herein sold and conveyed, and will defend the same unto the said VENDEE
his/her heirs and assigns against the claims of third persons whomsoever.
That the parties hereto hereby agree that within a period of SIXTY (60) days from and
after the execution of this instrument, the VENDOR shall engage the services of a licensed
geodetic engineer to undertake the preparation of the necessary survey plan of subdivision,
segregating the definite portion object of this sale, and submit the same to the proper
government authorities for verification and approval in accordance with law.
That pending approval of the subdivision plan, the parties hereto have agreed to
register this Deed of Sale in the Office of the Register of Deeds concerned by way of
memorandum: annotation on the corresponding certificate of title as permitted under the
provision of Section 58 of Act 496, as amended with the understanding that upon the final
approval of said subdivision plan and the corresponding technical description of the resulting
lots, certified copy thereof shall forthwith be filed with the Register of Deeds to enable him to
effect the segregation process by the issuance of a new certificate of title in the name of the
herein VENDEE for the portion of land sold and another certificate in the name of the herein
VENDOR for the portion remaining.
That the parties further agree that the expenses incident to the survey of the land shall
be deemed to be included in the consideration of this sale, and that the attorneys fee for the
preparation of the necessary deed and other legal papers as well as the requisite documentary
stamps shall be for the account of the VENDOR, while the registration fees to be payable to
the Register of Deeds and transfer tax shall be for the account of the VENDEE.
IN WITNESS WHEREOF, we have hereunto signed this deed of sale, this 8th day
of May 2010, in Baguio City, Philippines.
(A C K N O W L E D G M E N T)
(Notary Public)
15. DEED OF SALE OF A FRANCHISE OF PUBLIC UTILITY VEHICLE
JEREMIAH A. LAYUG, single, of legal age, Filipino citizen, with residence and
postal address at CD-725 Wangal, La Trinidad, Benguet, Philippines, hereinafter referred to
as the VENDOR;
- and-
ELMER T. BULATAO, single, of legal age, Filipino citizen, with residence and
postal address at Lower Burgos, Baguio City, Philippines, hereinafter referred to as the
VENDEE;
W I T N E S S E T H:
WHEREAS, the VENDOR is the lawful owner of a Certificate of Public convenience
to Operate a Taxi Service issued by the Land Transportation Franchising and Regulatory
Board, Cordillera Administrative Region, Baguio City under case No. 2006-CAR-165;
WHEREAS, for and in consideration of the sum of ONE HUNDRED TWENTY
THOUSAND PESOS (Php120,000.00), Philippine Currency, to me in hand and the
receipt whereof is hereby acknowledged from the VENDEE to my entire satisfaction does by
these present sell, transfer and convey, in favor of the VENDEE his heirs and assigns the
above mentioned Franchise free and clear of all liens and encumbrances.
WHEREAS, the VENDOR hereby warrants good and clean ownership over that
Franchise and that his rights, interests and participation over it has not been previously
alienated, sold nor transferred to any third party, whomsoever;
FINALLY, that the VENDOR shall defend the possession and ownership of the
above-mentioned Franchise of the VENDEE, against any possible claim of ownership by any
third party and adverse claimants.
That the VENDOR is executing this deed of sale freely and voluntary and for all legal
intents and purposes that it may serve.
IN WITNESS WHEREOF, the PARTIES have hereunto set their hands this 8th day
of May 2010, in the City of Baguio, Philippines.
(A C K N O W L E D G M E N T)
(Notary Public)
16. DEED OF SALE OF HEAVY EQUIPMENT
ANGELO A. CULASING, single, of legal age, Filipino Citizen, with residence and
postal address at 87A Gibraltar, Baguio City, Philippines hereinafter referred to as the
VENDOR;
-and-
FRIEMON A. MURILLO, single, of legal age, Filipino Citizen, with residence and
postal address at No. 138 Victoria Village, Quezon Hill, Baguio City, Philippines, hereinafter
referred to as the VENDEE;
WITNESSETH THAT:
The VENDOR agreed to sell and the VENDEE is willing to buy the above-described
heavy equipment;
IN WITNESS WHEREOF, the parties have hereunto set their hands this 9th day of
May 2010, in the City of Baguio, Philippines.
ANGELO A. CULASING FRIEMON A. MURILLO
Vendor Vendee
Passport No. SS 7426502 Professional Drivers License
valid until August 28, 2012 No. AO15493784
valid until Sept. 13. 2013
ACKNOWLEDGMENT
(Notary Public)
17.DEED OF SALE OF IMPROVEMENTS WITH SIMULTANEOUS TRANSFER OF
RIGHTS
KRISTINE M. LOPEZ, single, of legal age, Filipino Citizen, with residence and
postal address at 328 Aurora Hill, Baguio City, Philippines hereinafter referred to as the
TRANSFEROR;
-and-
GLACIA S. TUAZON, single, of legal age, Filipino Citizen, with residence and
postal address at 172Pias St., Barangay Camp 7, Baguio City, Philippines, hereinafter referred
to as the TRANSFEREE;
WITNESSETH THAT:
2. The TRANSFEROR agreed to sell and the TRANSFEREE is willing to buy the
above-described parcel of registered land including all its improvements;
6. FURTHER, that the requirements under the provisions of ARTICLE 1623 OF THE
NEW CIVIL CODE have been complied with.
IN WITNESS WHEREOF, the parties have hereunto set their hands this 25TH day
of November 2013, in the City of Baguio, Philippines.
(A C K N O W L E D G M E N T)
(Notary Public)
18. DEED OF SALE OF MOTOR VEHICLE ENGINE
MAURICIO G. DE LEON, single, of legal age, Filipino Citizen, with residence and
postal address at 48B Gibraltar, Baguio City, Philippines hereinafter referred to as the
VENDOR;
-and-
PHILIP B. CASTRO, single, of legal age, Filipino Citizen, with residenceand postal
address at No. 318 Victoria Village, Quezon Hill, Baguio City, Philippines, hereinafter
referred to as the VENDEE;
WITNESSETH THAT:
The VENDOR is the owner a motor vehicle engine, which is particularly described
hereunder, to wit:
The VENDOR agreed to sell and the VENDEE is willing to buy the above-
described vehicle engine;
The VENDOR hereby warrants that the above-described engine is free from liens
and encumbrances.
IN WITNESS WHEREOF, the parties have hereunto set their hands this 25TH day
of November 2013, in the City of Baguio, Philippines.
MAURICIO G. DE LEON PHILIP B. CASTRO
Vendor Vendee
(A C K N O W L E D G M E N T)
(Notary Public)
19. DEED OF SALE OF MOTOR VEHICLE WITH FRANCHISE
JIMMY V. MORALES, single, of legal age, Filipino citizen, with residence and
postal address at CD-725 Wangal, La Trinidad, Benguet, Philippines, hereinafter referred to
as the VENDOR;
- and-
ADRIAN L. PEDRO, single, of legal age, Filipino citizen, with residence and postal
address at Lower Burgos, Baguio City, Philippines, hereinafter referred to as the VENDEE;
W I T N E S S E T H:
Make: Isuzu
Plate Number: UV AYT 736
MV File Number: 1749-8462547
Motor Number: 735185639839
Serial/ Chassis Number: VCD 9361437
Official Receipt Number: 83543638463
Certificate of Registration Number: 83524963849
WHEREAS, the VENDOR hereby warrants good and clean ownership over that motor
vehicle with franchise and that his rights, interests and participation over it has not been
previously alienated, sold nor transferred to any third party, whomsoever;
FINALLY, that the VENDOR shall defend the possession and ownership of the above-
mentioned motor vehicle with franchise of the VENDEE, against any possible claim of
ownership by any third party and adverse claimants.
That the VENDOR is executing this deed of sale freely and voluntary and for all legal
intents and purposes that it may serve.
IN WITNESS WHEREOF, the parties have hereunto set their hands this 25TH day of
November 2013, in the City of Baguio, Philippines.
.
(A C K N O W L E D G M E N T)
(Notary Public)
20. DEED OF UNDERTAKING
DEED OF UNDERTAKING
I, MUHAMMAD ANZAIR, of legal age, Filipino, married and the incumbent City
Mayor of Dagupan City, Pangasinan, after having duly sworn on oath in accordance with the
law hereby voluntarily depose and say:
1. That the City Government of Tuguegarao is the consignee of a shipment of two (2)
units Schindler Elevator 5385MRL, 1450KG., 1.2MPS, 4stops/opening which comes
with miscellaneous spare parts and accessories covered by Bill of Lading No. 4758-
8462-857.847.
2. That under the provision of Section of Section 382 of Title Six, Book II of Republic Act
No. 7160 otherwise known as THE NEW LOCAL GOVERNMENT CODE, we, as a
local government unit, shall be exempt of duties and taxes for the importation of
machines, equipments, tools, supplies and spare parts;
3. That upon release and possession of the said shipment, and in consideration of said
privilege, the words ENTERED DUTY-TAX-FREE UNDER THE NEW LOCAL
GOVERNMENT CODE, shall be printed in a conspicuous space on the machinery
and equipment which was accorded duty and tax release;
4. That I am executing this Undertaking to attest to the truth of the foregoing facts.
IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of November
2013, in Baguio City, Philippines.
MUHAMMAD ANZAIR
Affiant
ACKNOWLEDGMENT
21. DEED OF WAIVER OF RIGHTS
EMILY AGUINALDO, single , Filipino citizen, of legal age, with residence and
postal address at #105 Upper Asin Road, Baguio City, Philippines, hereinafter referred to as
the WAIVOR;
- in favor of
WITNESSETH:
I.
A PARCEL OF LAND situated in Sanitary Camp, Baguio City containing an area of
FIVE HUNDRED (500) square meters more or less. xxx Bounded on the E-along lines1-2-3,
Lot 32; on the N-along lines 3-4 Lot 33: on the W- along lines 4-5-6-7, Lot 43; and on the S-
along lines 7-8-1, Lot 54, all Cad 405-D, Baguio cadastre.
II.
A PARCEL OF LAND (Lot 20 Blk. 54 of consolidation subdivision plan (LRC) Pcs-
13265, being a portion of the consolidation of Lots 4751-A and 4751-B (LRC) Psd-50533, Lot
3, Psd-100703, Lot 1, Psd-150980, LRC Rec. Nos. Nos. N-27024, 51768, 89632, N-11782, N-
13466, and 21071 situated in Trancoville, City of Baguio, Prov. of Benguet, Is. of Luzon.
Bounded on NE., point 4 to 1 by Road Lot 22, on...to the point of beginning; containing an
area of (280) square meters more or less..." xxx
said property being covered by Original Certificate of Title Nos. 1234712 and 6454654,
respectively, issued by the Register of Deeds of Baguio City;
WHEREAS, the WAIVOR is willing to renounce and waive his right to redeem said
properties for valuable consideration, which the WAIVEE has agreed to pay more
specifically mentioned herein below;
NOW THEREFORE, for and in consideration of the sum of TWO MILLION
PESOS (PHP2,000,000.00), Philippine Currency, in addition to the original purchase
price, which additional sum the WAIVOR hereby acknowledges to have received from the
WAIVEE to his entire satisfaction, the said WAIVOR does by these presents renounce and
waive all his rights and interests in and to the real properties above-described, more
specifically the right to redeem which he has reserved unto himself by virtue of the above
described public instrument executed on December 18, 2012 duly inscribed in the
corresponding Certificate of Title as per entry Nos. 2352 and 4243, and as a consequence of
this waiver, the WAIVEE has become the henceforth the sole and absolute owner of the
subject properties without any reservation in favor of the WAIVOR.
IN WITNESS WHEREOF, the parties hereunto set their hands this 25th day of
November 2013 in the City of Baguio, Philippines.
(A C K N O W L E D G M E N T)
CHAPTER IV : CONTRACTS
1. AGREEMENTS - GENERAL
2. COMPROMISE AGREEMENT
3. CONTRACT OF A PIECE OF WORK
4. CONTRACT OF CONTRACTUAL EMPLOYMENT
5. CONTRACT OF REGULAR EMPLOYMENT
6. CONTRACT OF LEASE
7. CONTRACT OF SERVICE
8. CONTRACT OF SUB-LEASE
9. CONTRACT TO SELL
10. INDEMNITY AGREEMENT
11. MEMORANDUM OF AGREEMENT
12. PARTITION AGREEMENT OF A REGISTERED LAND WITH SIMULTANEOUS
WAIVER
13. PARTITION AGREEMENT
14. BUSINESS SPACE LEASE AGREEMENT
1. AGREEMENT - GENERAL
AGREEMENT
-and-
WHEREAS, the SECOND PARTY hereby leased from the FIRST PARTY the
aforementioned truck to haul scrap materials owned by Benguet Corporation from the
Balatoc Mines starting on December 9, 2013 up to December 10, 2015, and the latter on the
other hand agreed to lease out the same to the former;
WHEREAS, this agreement was entered into freely and voluntarily by and between
the parties and they shall faithfully and religiously comply with the terms hereof.
IN WITNESS WHEREOF, parties herein affixed their signatures this 7th day of
December 2013 in the City of Baguio, Philippines.
(ACKNOWLEDGMENT)
2. COMPROMISE AGREEMENT
COMPROMISE AGREEMENT
-and-
-and-
WHEREAS, the FIRST PARTIES are the plaintiffs in Civil Case No. 95-9233,
entitled ALASKACO N. DENSADA, et al., versus BAGUIO METROPOLITAN
DOCTORS, INC, et al.," pending in the Regional Trial Court of Baguio City, Branch 6,
hereinafter referred to as the "Pending Case";
WHEREAS the SECOND PARTY and THIRD PARTIES are the defendants in
said Pending Case;
WHEREAS, all the parties are desirous of settling amicably the Pending Case, which
has been pending for almost eight (8) years, and thereby put to rest a long and costly
litigation;
NOW, THEREFORE, in consideration of the foregoing premises, the parties hereby
undertake as follows:
3. The parties agree to, and shall cause, the dismissal, with prejudice, of the Pending
Case, including all claims and counterclaims therein, and agree not to file any similar
case, whether civil, administrative or criminal, of any kind or nature whatsoever,
arising from the same facts, incident, claim, cause or causes of action.
6. In case of material breach of the terms and conditions of this agreement, the
innocent party is hereby authorized to apply for a writ of execution in the Pending
Case for the purpose of compelling compliance with the terms and conditions of this
agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands this 14th dayof
October 2013 in the City of Baguio, Philippines.
(ACKNOWLEDGMENT)
3. CONTRACT FOR A PIECE OF WORK
-and-
TOSH E. BHA, single, of legal age, Filipino Citizen, with residence and postal
address at 98Apugan, Poliwes, Baguio City, Philippines hereinafter referred to as the
EMPLOYEE.
WITNESSETH:
WHEREAS, the EMPLOYER desires to engage the services of the EMPLOYEE for
a PIECE OF WORK at SJJ MANPOWER SERVICES, INC. and the EMPLOYEE is
willing to accept, work and extend his services to the EMPLOYER as desired under the
following terms and conditions, to wit:
DESIGNATION:
SALARY:
CONTRACT DURATION:
It is hereby agreed that the EMPLOYEE shall be hired as such for a period of ONE
(1) YEAR which shall be renewable upon the mutual consent and agreement of the parties.
Provided, however, that upon the expiration of this contract any extension of employment
granted to the EMPLOYEE shall not be deemed as automatic renewal and instead should be
covered by a separate contract; Provided, further, that any work extended by the
EMPLOYEE after the expiration of this contract and with the consent of the EMPLOYER
shall be paid PRO RATA;
TERMINATION OF CONTRACT:
Either party may pre-terminate this contract, PROVIDED, that the party concerned
shall serve written notice to the other of his/her intention to terminate the same at least ONE
(1) MONTH prior to the intended termination. PROVIDED, further, that should the
EMPLOYEE desires to terminate this contract he/she shall surrender any document or
accountability entrusted to him/her in relation to his/her employment.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this
14th day of October 2013, in the City of Baguio, Philippines.
LENN O. VO
General Manager
(ACKNOWLEDGMENT)
4. CONTRACT OF CONTRACTUAL EMPLOYMENT
-and-
JOO P. TERR, single, of legal age, Filipino Citizen, with residence and postal
address 1BGH Compound, Baguio City, and hereinafter referred to as the EMPLOYEE.
WITNESSETH:
DESIGNATION:
SALARY:
CONTRACT DURATION:
It is hereby agreed that the EMPLOYEE shall be hired as such for a period of ONE
(1) YEAR which shall be renewable upon the mutual consent and agreement of the parties.
Provided, however, that upon the expiration of this contract any extension of employment
granted to the EMPLOYEE shall not be deemed as automatic renewal and instead should be
covered by a separate contract; Provided, further, that any work extended by the
EMPLOYEE after the expiration of this contract and with the consent of the EMPLOYER
shall be paid PRO RATA;
TERMINATION OF CONTRACT:
Either party may pre-terminate this contract, PROVIDED, that the party concerned
shall serve written notice to the other of his/her intention to terminate the same at least ONE
(1) MONTH prior to the intended termination. PROVIDED, further, that should the
EMPLOYEE desire to terminate this contract he shall surrender any document or
accountability entrusted to him in relation to his employment.
IN WITNESS WHEREOF, the parties have hereunto set their hands this 14th day
of October 2013 in the City of Baguio, Philippines.
(ACKNOWLEDGMENT)
5. CONTRACT OF REGULAR EMPLOYMENT
-and-
JOHN PON N. RINE, single, of legal age, Filipino Citizen, with residence and postal
address 100Brookspoint, Aurora Hill, Baguio City, hereinafter referred to as the
EMPLOYEE.
WITNESSETH:
DESIGNATION:
SALARY:
CONTRACT DURATION:
It is hereby agreed that the EMPLOYEE shall be hired as such for a PERMANENT
PERIOD;
TERMINATION OF CONTRACT:
Either party may pre-terminate this contract, PROVIDED, that the party concerned
shall serve written notice to the other of his/her intention to terminate the same at least ONE
(1) MONTH prior to the intended termination. PROVIDED, further, that should the
EMPLOYEE desire to terminate this contract he shall surrender any document or
accountability entrusted to him in relation to his employment.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this
14th day of October 2013, in the City of Baguio, Philippines.
(ACKNOWLEDGMENT)
6. CONTRACT OF LEASE
CONTRACT OF LEASE
DULCHE N. GABANA, single, of legal age, Filipino Citizen, with residence and
postal address 123 Ambiong Road, Aurora Hill, Baguio City, and hereinafter referred to as the
LESSOR
-and-
LUWEE B. THON, single, of legal age, Filipino Citizen, with residence and postal
address at 764 Palma- Urbano, Baguio City, Philippines, and hereinafter referred to as the
LESSEE;
WITNESSETH:
NOW, THEREFORE, for and in consideration of the forgoing and mutual covenant
herein contained, LESSOR does hereby lease, rent, let and deliver by way of lease unto the
LESSEE the leased premises, and the LESSEE hereby accepts the same, subject to the
following terms and conditions:
1. TERMS. This lease shall be for a fixed period of ONE (1) YEAR commencing on
October 18, 2013 and shall expire on October 18, 2014, renewable thereafter upon the
mutual agreement of the parties.
2. RENTAL. The monthly rent for the leased premises shall be SEVENTEEN
THOUSAND PESOS (P17, 000.00) to be paid by the lessee to the lessor within
the first ten days of each and every month without the need of demand.
3. DEFAULT PAYMENT. In case of default by the LESSEE in the payment of the
rent, such as when the checks are dishonored, the LESSOR at its option may
terminate this contract and eject the LESSEE. The LESSOR has the right to padlock
the premises when the LESSEE is in default of payment for one (1) month and may
forfeit whatever rental deposit or advances have been given by the LESSEE.
4. SUB-LEASE. The LESSEE shall not directly or indirectly sublet, allow or permit
the leased premises to be occupied in whole or in part by any person, firm or
corporation. Neither shall the LESSEE assign its rights hereunder to any other
person or entity and no right of interest thereto or therein shall be conferred on or
vested in anyone by the LESSEE without the LESSOR'S written approval.
7. FORCE MAJEURE. If whole or any part of the leased premises shall be destroyed
or damaged by fire, flood, lightning, typhoon, earthquake, storm, riot or any other
unforeseen disabling cause of acts of God, as to render the leased premises during the
term substantially unfit for use and occupation of the LESSEE, then this lease
contract may be terminated without compensation by the LESSOR or by the
LESSEE by notice in writing to the other.
8. LESSOR'S RIGHT OF ENTRY. The LESSOR or its authorized agent shall after
giving due notice to the LESSEE shall have the right to enter the premises in the
presence of the LESSEE or its representative at any reasonable hour to examine the
same or make repairs therein or for the operation and maintenance of the property, or
to exhibit the leased premises to prospective LESSEE, or for any other lawful
purposes which she may deem necessary.
11. This CONTRACT OF LEASE shall be valid and binding between the parties,
their successors-in-interest and assigns.
IN WITNESS WHEREOF, parties herein affixed their signatures this 14th day of
October 2013 in the City of Baguio, Philippines.
CONTRACT OF SERVICES
-and-
WALLY E. BAYOLA, of legal age, Filipino Citizen, with residence and postal
address at 322 Magsaysay Avenue, Baguio City, Philippines, and hereinafter referred to as the
CLIENT.
WITNESSETH:
WHEREAS, the CLIENT is the surviving heir of the late WILLIE E. BAYOLA
who is the owner of a parcel of land situated at Buyagan, La Trinidad, Benguet with an area of
29, 256 sq.m., more or less and more particularly described in PSU-252483;
WHEREAS, the client desires to engage the services of the SURVEYOR and the
latter is willing to accordingly extend his technical services to the CLIENT;
NOW THEREFORE, the PARTIES have hereunto agreed, as they hereby agree, on
the following stipulations for the foregoing purposes, to wit:
Acting in the interest of the CLIENT, the SURVEYOR shall perform and conduct
the following:
e) To coordinate with the lead counsel on matters requiring legal action or opinion;
f) Provide technical advise, assist and help facilitate processes on matters regarding
the release of the title or decree, provided that the surveyor will not guarantee, as he cannot
guarantee, the release of the said title; and
g) Perform any other tasks, included, incidental or inherent to the foregoing as maybe
mutually agreed upon by both Parties.
a. Furnish all pertinent documents for the proper accomplishment of the services of
the SURVEYOR; and
b. Ensure that all surveys are referred to the SURVEYOR, and all fees thereon fully
paid and settled.
The CLIENT bind himself to pay the SURVEYOR a professionals fee in the amount
of FIFTY THOUSAND (Php50, 000.00) PESOS upon the execution of this contract.
All services extended by the SURVEYOR during the subsistence of this contract shall
be subject to fees to be agreed upon by the parties based on the current GEP Tariff and to be
paid 50 % before the surveyor executes the said service and 50 % upon conveyance of the
final output; and
The CLIENT likewise agree and bind himself to segregate, by a proper Deed or
Document, a 200 square meter portion of the parcel of land subject of this contract in favor
of the SURVEYOR upon the signing of this contract on the further condition that the
CLIENT has the option to choose the location from which the said portion shall be
segregated;
In connection with the 200 square meters portion mentioned above, the
SURVEYOR has requested and the CLIENT has agreed that the proper Deed or Document
to be executed upon the signing of this contract shall be in the name of one of the children of
the SURVEYOR, who as the transferee of such portion is hereby authorized, including his
heirs and assigns and the SURVEYOR himself to take possession and make or introduce
any and all improvements on the portion mentioned above.
GUARANTEE CLAUSE
The CLIENT hereby guarantees that he is duly authorized to represent the heirs of
Willie E. Bayola and/or enter into this contract.
The SURVEYOR hereby guarantees that all services subject of this contract shall be
duly executed and performed. Provided, however, that the SURVEYOR will not guarantee,
as he cannot guarantee, the EXPIDITIOUS, IMMEDIATE and/or FAVORABLE APPROVAL
by the proper authorities of said surveys, due to circumstances beyond the control of the
SURVEYOR, such as but not limited to, protest by third person/s or third party/ies as the
case may be;
This contract shall remain in force and effect unless and until both Parties mutually
agree in writing to terminate the terms abovementioned; provided however, that either party
is furnished one (1) month notice prior to termination.
IN WITNESS WHEREOF, parties herein affixed their signatures this 5th day of
December 2012 in the City of Baguio, Philippines.
(ACKNOWLEDGMENT)
8. CONTRACT OF SUB-LEASE
CONTRACT OF SUB-LEASE
EDMUND S. PENCER of legal age, married, Filipino, with residence and postal
address 668 St. Joseph, Navy Base, Baguio City, Philippines, and hereinafter referred to as
the SUB-LESSOR;
-and-
NOW THEREFORE, the parties have agreed on this contract under the following
terms and conditions, to wit:
B. RENTAL- The SUB-LESSEE shall pay to the SUB-LESSOR for the use and
occupancy of the said stall the amount of THIRTY THOUSAND (P30, 000.00) PESOS
per month payable on or before the 1st day of each calendar month during the entire
duration of this contract. The SUB-LESSEE however shall deposit SIXTY
THOUSAND (Php. 60,000.00) PESOS upon the singing of this document. The
said deposit however, shall be applied to the last two months of this contract should
the term be completed;
WHEREAS, this lease contract shall be binding to the PARTIES, their heirs and
assigns and shall be faithfully complied with.
IN WITNESS WHEREOF, parties herein affixed their signatures this 15th day of
October 2013 in the City of Baguio, Philippines.
(ACKNOWLEDGMENT)
9. CONTRACT TO SELL
CONTRACT TO SELL
GREEN C. ROSS, of legal age, single and with residence and postal address at 31
Bayan Park, Aurora Hill, Baguio City, hereinafter referred to as the "SELLER/VENDOR";
-and-
ETHYLA L. COHOL, Filipino and with residence and postal address at 45 Lower
Sto. Thomas, Baguio City, hereinafter referred to as the "BUYER/VENDEE".
WITNESSETH:
NOW THEREFORE, for and in consideration of the total sum of One million
pesos (Php:1, 000,000.00) Philippine Currency, and of the covenants herein after set
forth theSELLER/VENDOR agrees to sell and the BUYER/VENDEE agrees to buy the
aforesaid property subject to the following terms and conditions;
1. The total consideration shall be One Million (Php: 1,000,000.00) PESOS, Philippine
Currency, payable as follows:
2. Capital Gains Tax and Real Estate Tax, shall be for the account
of the SELLER/VENDOR;
3. Documentary Stamps Tax, Registration Fee, registration expenses, and all other
miscellaneous fees and expenses shall be to the account of theBUYER/VENDEE;
5. Upon full payment of the total price, the SELLER/VENDOR shall sign and execute
a DEED OF ABSOLUTE SALE in favor of the BUYER/VENDEE. The
SELLER/VENDOR shall likewise execute and/or deliver any and all documents,
including but not limited to the original copy of Transfer Certificate of Title, Tax
Declaration and all other documents necessary for the transfer of ownership
from SELLER/VENDOR to the BUYER/VENDEE.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, this
15th day of October, 2013 at Baguio City, Philippines.
(ACKNOWLEDGMENT)
10. INDEMNITY AGREEMENT
INDEMNITY AGREEMENT
-and-
WITNESSETH:
A. HGDC proposes to sell 1,350,000 shares (the Units) of the CCFC (the
Offering) as qualified under Philippine Laws filed with the applicable securities commission
or regulatory authority in as provided in the Underwriting Agreement (as hereinafter
defined);
D.HGDC has agreed to provide this indemnity in favor of the CCFC and the other
Indemnified Parties (as hereinafter defined) in consideration of the Fund agreeing to
undertake the Obligations.
NOW THEREFORE in consideration of the CCFC agreeing to undertake the
Obligations, and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree as follows:
1.HGDC hereby covenants and agrees to assume and be responsible for, and to
fullyindemnify and save harmless each of the CCFC and its affiliates, and the respective
trustees, directors, officers, employees and agents thereof (collectively, the Indemnified
Parties and individually an Indemnified Party) from and against all expenses, costs, fees,
disbursements, commissions and taxes payable by an Indemnified Party in connection with
undertaking and completing the Offering, including those expenses, costs, fees,
disbursements, commissions and taxes payable to underwriters, legal counsel, auditors and
transfer agents incurred in connection with the Offering.
2. HGDC shall fully indemnify and save harmless each of the Indemnified Parties
from and against all losses, claims, damages, liabilities, costs and expenses (including,
without limitation, all amounts paid to settle actions or satisfy judgments or awards and all
reasonable legal fees and expenses and a reasonable claim for reimbursement for an
Indemnified Partys time and out-of-pocket costs in defending such claim, and all reasonable
costs, charges and expenses as incurred, which any Indemnified Party may pay or incur in
connection with investigating or disputing any such claim or action related thereto), in any
capacity under any statute or regulation of any province or territory of Canada or any other
jurisdiction, common law or otherwise insofar as such losses, claims, damages, liabilities,
costs and expenses arise out of or are based, directly or indirectly, upon the performance by
the CCFC of the Obligations or otherwise in connection with the matters referred to in the
Underwriting Agreement and are caused by or arising directly or indirectly by reason of:
3.If any claim contemplated by Sections 1 or 2 shall be asserted against any of the
Indemnified Parties, or if any potential claim contemplated by Sections 1 or 2 shall come to
the knowledge of any of the Indemnified Parties, the Indemnified Party concerned shall
notify HGDC in writing as soon as reasonably practical of the nature of such claim (provided
that any failure to so notify in respect of any potential claim shall affect the liability of CCFC
under Sections 1 and 2 only to the extent that CCFC is prejudiced by such failure). CCFC
shall, subject as hereinafter provided, be entitled (but not required) to assume the defense on
behalf of the Indemnified Party of any suit brought to enforce such claim; provided that the
defense shall be through legal counsel selected by CCFC and acceptable to the Indemnified
Party, acting reasonably, and no settlement or admission of liability shall be made by CCFC
or the Indemnified Party without, in each case, the prior written consent of all the
Indemnified Parties affected and CCFC, in each case such consent not to be unreasonably
withheld unless such settlement, compromise or judgment: (i) includes an unconditional
release of the Indemnified Party, and (ii) does not include a statement as to or an admission
of fault, culpability or failure to act, by or on behalf of any Indemnified Party. An Indemnified
Party shall have the right to employ separate counsel in any such suit and participate in the
defence thereof but the fees and expenses of such counsel shall be at the expense of the
Indemnified Party unless:
(a) HGDC fails to assume the defence of such suit on behalf of the Indemnified
Party within 10 days of receiving notice of such suit;
(b) the employment of such counsel has been authorized by HGDC; or
(c) the named parties to any such suit (including any added or third parties)
include the Indemnified Party and HGDC and the Indemnified Party and BPI shall have
been advised in writing by counsel that there are legal defences available to the Indemnified
Parties that are different or in addition to those available to HGDC, or that representation of
the Indemnified Party by counsel for HGDC is inappropriate as a result of the potential or
actual conflicting interests of those represented;(in each of cases (a), (b) or (c), HGDC shall
not have the right to assume the defence of such suit on behalf of the Indemnified Party, but
HGDC shall be liable to pay the reasonable fees and expenses of separate counsel for all
Indemnified Parties and, in addition, of local counsel in each applicable jurisdiction).
Notwithstanding the foregoing, no settlement may be made by an Indemnified Party without
the prior written consent of HGDC, which consent will not be unreasonably withheld.
4.In order to provide for just and equitable contribution in circumstances in which
theindemnity provided in Sections 1 and 2 hereof would otherwise be available in accordance
with its terms but is, for any reason not solely attributable to any one or more of the
Indemnified Parties, held to be unavailable to or unenforceable by the Indemnified Parties or
enforceable otherwise than in accordance with its terms, the CCFC and HGDC shall
severally, and not jointly, contribute to the aggregate of all claims, damages, liabilities, costs
and expenses and all losses (other than losses of profits) of the nature contemplated in
Sections 1 and 2 hereof and suffered or incurred by the Indemnified Parties in proportions
reflective of the relative benefits received by the CCFC and HGDC, as well as their relative
fault and any other relevant equitable considerations, as determined by a court of competent
jurisdiction. However, no party who has engaged in any fraud, willful disregard, fraudulent
misrepresentation, negligence, willful misconduct or recklessdisregard shall be entitled to
claim indemnity or contribution from any person who has not engaged in such fraud, willful
disregard, fraudulent misrepresentation, negligence, willful misconduct or reckless disregard.
5. In the event and to the extent that a court of competent jurisdiction in a final
judgment from which no appeal can be made or a regulatory authority in a final ruling from
which no appeal can be made shall determine that the liabilities, claims, actions, suits,
proceedings, losses, costs, damages or expenses resulted from the negligence, willful or
reckless disregard, fraud or willful misconduct of an Indemnified Party claiming indemnity or
contribution hereunder, this indemnity or contribution shall not apply to such Indemnified
Party.
6.HGDC hereby acknowledges and agrees that the CCFC is contracting herein on its
own behalf and as agent for its trustees and affiliates, and the respective trustees, directors,
officers, employees and agents of its affiliates (collectively, the Beneficiaries). In this
regard, the Fund shall act as trustee for the Beneficiaries of the covenants of HGDC herein
with respect to the Beneficiaries and accepts these trusts and shall hold and enforce such
covenants on behalf of the Beneficiaries.
9. Each of the covenants and provisions hereof is severable from every other covenant
and provision and the invalidity or unenforceability of any one or more covenants and
provisions of this Agreement shall not affect the validity or enforceability of the remaining
covenants and provisions hereof HGDCshall pay all amounts due to the Indemnified Party
hereunder forthwith upon demand by an Indemnified Party.
10. The obligations set out herein shall apply whether or not the transactions
contemplated by the Underwriting Agreement are completed and shall survive the
completion of the transactions contemplated by the Underwriting Agreement and the
termination of this Agreement.
11. This Agreement shall be binding upon and inure to the benefit of the parties hereto
and their respective heirs, administrators, executors, successors and assigns. Neither of the
parties hereto may assign its rights or obligations under this Agreement without the prior
written consent of the other party hereto.
12. This Agreement shall be governed by and construed in accordance with the laws of
the
Philippines.
13. This Agreement constitutes the complete agreement between the parties and with
respectto the subject matter treated herein and shall not be varied in its terms by oral
agreement, representation or otherwise except an instrument or instruments in writing dated
subsequent to the date hereof and executed by the parties, and this Agreement supersedes all
prior agreements, memoranda, correspondence, communication, negotiations or
representations, whether oral or written, express or implied, between the parties with respect
to the subject matter.
15. All capitalized terms used but not otherwise defined herein shall have the
meanings ascribed to such terms in the Underwriting Agreement and the notice provisions of
the Underwriting Agreement are hereby incorporated by reference.
16. The parties hereto acknowledge that the trustees of the CCFC are entering into
this agreement solely in their capacity as trustees or as agent, as the case may be, on behalf of
the CCFC and the obligations of the CCFC hereunder shall not be personally binding upon
the trustees of the CCFC or any of the Unitholders or any annuitant under a plan of which a
Unitholder is a trustee or carrier (an annuitant) and that any recourse against the CCFC,
the trustees of the CCFC or any Unitholder or annuitant in any manner in respect of any
indebtedness, obligation or liability of the Fund arising hereunder or arising in connection
herewith or from the matters to which this agreement relates, if any, including without
limitation claims based on negligence or otherwise tortious behavior, shall be limited to, and
satisfied only out of, the Trust Assets as defined in the Declaration of Trust.
17. This Agreement may be executed in counterparts, each of which shall be deemed
to be anoriginal but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have hereunto set their hands this 15th day
of October 2013 in the City of Baguio, Philippines.
HUNGER GAMES DEVELOPMENT CORPORATION
Represented by:
KATNIS S. GAMES
President
PEETA C. FIRE.
President
(ACKNOWLEDGMENT)
11. MEMORANDUM OF AGREEMENT
MEMORANDUM OF AGREEMENT
SKY S. BLU, of legal age, Filipino, single, with residence and postal address at 140
Suello Village, Marcos Highway, Baguio City, and hereinafter referred as the FIRST
PARTY;
-and-
GRASS S. GRIN, of legal age, married, Filipino, with postal address at 22 Puguis, La
Trinidad, Benguet, and hereinafter referred as the SECOND PARTY;
WITNESSETH:
WHEREAS, the same amount had already accumulated into FIVE HUNDRED
THOUSAND SEVEN HUNDRED TWENTY ONE and THIRTY THREE CENTAVOS
(Php 500, 721.33) inclusive of interest and penalties at the rate of twenty six percent
(26%) and five percent (5%) per annum respectively as of 28 November 2012 and the
amount of interest is also increasing at the time of execution of this agreement;
WHEAREAS, the SECOND PARTY hereby agrees to pay the said loan inclusive of
interests and penalties in favor of the FIRST PARTY herein and the latter likewise agrees to
accept the same, under the following terms and conditions, to wit:
3. Finally, both parties hereby agree to mutually comply in good faith with all the terms
and conditions of this agreement.
IN WITNESS WHEREOF, parties herein affixed their signatures this 21st day of
October 2013 in the City of Baguio, Philippines.
(ACKNOWLEDGMENT)
12. PARTITION AGREEMENT OF A REGISTERED LAND WITH A
SIMULTANEOUS WAIVER
MIO M.VEGA, of legal age, single, Filipino Citizen, with residence and postal
address at 117 Kayang St., Baguio City, Philippines;
and
LEXIS D. TAN, of legal age, single, Filipino Citizen, with residence and postal
address at 118 Kayang St., Baguio City, Philippines.
WITNESSETH:
WHEREAS, the above-mentioned parties are the co-owners of that parcel of land
situated at Legarda Road, Baguio City, Philippines and covered by TCT No.T-1086
containing an area of FIVE (5) HECTARES by virtue of that Deed of Extrajudicial
Settlement of Estate, which was entered in the Notarial Registry of Jose Velasco as Doc. No.
359; Page No. 23; Book No. I; Series of 1959, and more particularly described as follows:
Lot 1
Transfer Certificate of Title No. T-1086Lot 1 Beginning at a point
marked 1 on plan F-49403, N. 86-09 E. 2680.24 m. more or less from
B.L.L.M. No.1, Mpl. Legarda Road, Baguio City, thence N. 48-43 E.
62.05 m. to point 2; N. 67-07 E. 77.72 m. to point 3; N. 64-43 E. 53.70 m.
to point 4; S. 46-22 W. 98.84 m. to point 5; N. 89-46 W. 101.27 m. to
point 1, point of beginning. With an area of 0.4629 hectare. Point 3 Old
G.I.S. in a tree; point 4 Nail in tree; and the rest are B.L. Conc. Mons.
Bounded on the North, by property of SeverinoMalitas and Public Land;
on the Southeast and South, by Creek; and on the Northwest, by
property of Sudimay.
Lot 2
WHEREAS, the parties have caused the subdivision of the above-described real
property into TWO (2) lots as per Subdivision Plan of XXX as surveyed for XXX and they
have partitioned and adjudicated among themselves the said property and as indicated in
Transfer Certificate of Title No. 1086 as follows:
WHEREAS, the copy of Transfer Certificate of Title No. 1086 is hereto attached and
made as integral part hereof;
WHEREAS, the co-owner MIO M. VEGA, for and in consideration of her love and
affection to her personal assistant, LYDIA M. VEGAsingle, of legal age, Filipino Citizen and
resident of La Trinidad, Benguet, Philippines, do hereby WAIVE, as he hereby WAIVED,
pro indiviso, all his rights, share and participation over the said parcel of land to his
aforementioned personal assistant;
WHEREAS, the parties hereby request, the Register of Deeds of Baguio to issue
individual Titles in accordance with this partition agreement.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this
21st day of October 2013 in Baguio City, Philippines.
(ACKNOWLEDGMENT)
13. PARTITION AGREEMENT
PARTITION AGREEMENT
LAY D. GAGA, of legal age, single, Filipino citizen, with residence and postal
address at 325 Magnolia St., Upper Q.M., Baguio City;
and
KAY T. PERI, of legal age, single, Filipino citizen, with residence and postal address
at 226Gladiola St., Upper Q.M., Baguio City,
WITNESSETH:
THAT the PARTIES are the registered owner of an unregistered land under
Assessment of Real Property No. 99-007-09999 located in 98 Malaya St., Dominican-
Mirador, Baguio City with a total area of ONE THOUSAND (1,000) SQUARE METERS,
more or less more particularly described as follows:
TECHNICAL DESCRIPTION
ARP NO. 99-007-09999
THAT the PARTIES have caused the subdivision of the aforesaid parcel of land into
two (2) lots;
THAT the PARTIES have agreed and covenanted, as by these Presents, do hereby
agree and covenant, that:
2. FIVE HUNDRED (500) SQUARE METERS shall appertain and belong to OTOY S.
SALVADOR, his heirs and assignstechnically described as follows:
TECHNICAL DESCRIPTION
S.88 34W. 83 M.
N.49 55W. 84 M.
N.45 46E. 83 M.
N.88 55E. 83 M.
S. 89 01E. 83 M.
S. 02 12W. 83 M.
NOW THEREFORE, for and in consideration of the above agreement, the Parties
herein shall have the Assessment of Real Property No. 99-007-09999 be CANCELLED by the
Municipal Assessors Office and in lieu thereof to issue TWO (2) new Declarations of Real
Property for the two (2) lots in favor of the two (2) owners, respectively.
IN WITNESS WHEREOF, the Parties have hereunto set their hands, this 23rd day
of October 2013, in the City of Baguio, Philippines.
(ACKNOWLEDGMENT)
14. BUSINESS SPACE LEASE AGREEMENT
PHIL E. PINS, of legal age, single, Filipino citizen, with residence and postal
address at 33 Purok 2, Luna St., Irisan, Baguio City, hereinafter referred to as the LESSOR;
-and-
MHAL A. SHA, single, of legal age, Filipino citizen, with residence and postal
address at 43 Roxas St., Trancoville, Baguio City, hereinafter referred to as the LESSEE.
WITNESSETH:
PREMISES LEASED:
The LESSOR shall allow the LESSEE to rent/lease the lower and/or basement
portion of a Commercial Building located at Unit 111 De Guzman Bldg., Legarda Road,
Baguio City. The basement portion has two (2) partitions with separate entries, viz:
1. One partition with ingress from the front gate/garage which is not included in the
lease contract;
2. One partition with entry outside and adjacent the gate is the exact location of the
leased premises.
Beginning from the Northwest side along the main road fronting the gate until the
interior portion Northeast to Southeast portion or specifically the left portion of the
basement fronting the main gate is not included the lease. The LESSEES occupation is only
and specifically outside the main gates perimeter or the right portion of the residential
buildings basement situated at Southwest until the Southeast portion with reference point
facing the residential building from the main road (Legarda Road);
This contract of lease shall be binding and enforced for the period of two (2) year
beginning from October 15, 2013 until October 15, 2015.
The contract shall not be renewed after October 15, 2015.
In case there is valid cause to pre-terminate this contract, the party pre-terminating
the same shall give notice to the other at least a month prior to the effectivity of pre-
termination.
The monthly rental shall be TWENTY THOUSAND PESOS(PhP20,000.00)
payable every last day of the applicable month starting on November 24, 2013. The rental for
the period October 15, 2013 to October 31, 2013 amounting to PhP12, 000.00 shall be paid
not later than November 24, 2013.
The LESSEE agrees that the deposit in the amount of TWENTY THOUSAND
PESOS (PhP20,000.00)for the previous lease contract shall apply to this contract. The
deposit shall be returned to the LESSOR one month after the expiration of this contract less
whatever utility bills and damages incurred by the LESSOR.
In the event that the LESSEE would be delayed in the financial obligation and the
payment would only take effect on or before 10th of the succeeding month, a 10th surcharge is
added to the previous monthly rental dues. Another 10 th surcharge would be meted the
delayed payment if such would be concluded after the succeeding months ending.
1. The LESSEE shall, at his sole exclusive account and responsibility, pay the electric
and water bills pertaining to the leased premises;
2. The LESSEE shall not make any alteration, modification and/or change or in any
manner introduced improvements or repair in the leased premises whether minor or major,
temporary or permanent, unless otherwise with the written consent and approval of the
LESSOR. The LESSEE is legally liable of any damages incurred in the alteration of the
leased property and shall at her expense pay such damages.
4. The LESSEE shall be obligated to maintain sanitation in the premises and observe
proper waste disposal of garbage;
5. The LESSEE is obliged to install anti-fire gadgets and/or fire extinguishers for fire
prevention which shall not be taken away after the termination of the contract. The LESSEE
shall strictly prohibit smoking in the rented premises;
6. Liquefied gas (LPG) for cooking purpose only is allowed for use. No flammable
material of any kind whatsoever shall be used, stored or maintained by the LESSEE in the
leased premises.
IN WITNESS WHEREOF, the parties have hereunto set their hands this 15th day of
October 2013 in the City of Baguio, Philippines.
(ACKNOWLEDGMENT)
CHAPTER V : MISCELLANEOUS FORMS
This CONTRACT FOR LEGAL SERVICES made and entered into by and
between:
FOOD FOR THE SOUL, a sole proprietorship organized and existing under the
laws of the Philippines with office address at 37 Kisad Road, Baguio City, Philippines,
represented by its proprietor, SOUL D. VA, single, of legal age, Filipino citizen, with
residence and postal address at. 35-C Campo Sioco, Baguio City, Philippines, hereinafter
referred to as the CLIENT;
-and-
ALEGRIA and ASSOCIATES, represented by PRINCE S. ALEGRIA, Attorney-
At-Law, with office address at 4F La Azotea Bldg., Session Road, Baguio City, Philippines,
hereafter called the COUNSEL.
WITNESSETH:
FOR AND IN CONSIDERATION of being the retained counsel for FOOD FOR
THE SOUL for a period beginning January 1, 2013 until revoked in writing, COUNSEL
hereby agrees to do and perform the following tasks, to wit:
CONSULTATION: on all legal matters, problems and issues affecting and related to
the business concerns of client. Counsel may be consulted at any time and whenever needed;
provided that Tuesday and Wednesday afternoons of every week shall be devoted by Counsel
for purposes of attending to the legal concerns of the client.
TRIAL WORK: To represent and appear as counsel for the client in court or any
agency or tribunal where the client is either plaintiff or defendant in any case or action now
pending or henceforth to be filed. It is understood that counsel shall not be paid any
acceptance fee for cases handled by him. However, client agrees to pay him appearance fees
based on prevailing legal rate and other expenses necessary to enable him to attend out - of -
town trial such as travel, food and hotel expenses, if and when necessary;
OTHER LEGAL WORKS: To do and perform such other legal works necessary to
enable the client to effectively operate his business.
APPEARANCE FEE: This shall be paid if counsel appears before courts, labor
arbiters, or quasi-judicial agencies. For cases in Baguio City or Benguet, in the amount of
ONE THOUSAND PESOS (P1, 000.00), per appearance; for out-of-town cases: ONE
THOUSAND FIVE HUNDRED PESOS (P1, 500.00). Further, client undertakes to pay costs
of litigation such as filing / docket fees, payment of transcript of stenographic notes, expenses
for evidence gathering, other incidental expenses, memorandum and appeal fees, if
necessary.
IN WITNESS WHEREOF, the parties hereto have set their hands this 25th day of
October 2013, in the City of Baguio, Philippines.
(JURAT)
2. GENERAL POWER OF ATTORNEY
I, JUANA D. CRUZ, single, of legal age, Filipino Citizen, with residence and postal
address at 341 Loakan Maridit, Baguio City, Philippines, DO HEREBY NAME,
CONSTITUTE AND APPOINT, ANA MARIA G. DOMIGUEZ, of legal age, single,
Filipino, and a resident of OD 110-F Banig, Tawang, La Trinidad, Benguet, Philippines, to be
my true and lawful attorney-in-fact, for me and in my name, place and stead to perform the
following acts:
1. To manage and administer all my property, real and personal, that may be found in
the Philippines;
2. To ask demand, sue for, recover, collect and receipt for any and all sums of money,
debts, accounts, legacies, bequests, interest, dividends, demands, and other things of
value of whatsoever nature or kind as may now be or may hereafter become due,
owing, payable or belonging to me , and to have, use and take any and all lawful ways
and means for the recovery thereof by suit, attachment, garnishment or otherwise,
and to compromise, settle and agree for the same;
3. To buy or negotiate for the sale, hire or lease, mortgage, or otherwise hypothecate
lands, tenements and hereditaments or other forms of real property, upon such terms
and conditions and under such covenants as my said attorney-in-fact shall see fit and
proper;
5. To attend any and all meetings, special, regular, ordinary or extraordinary, of any
and all firms, corporations, association, or other concerns of which I may now be or
hereafter become a member or stockholder, and then and there to exercise my voice
and vote and whatsoever other privileges, rights and prerogatives as may correspond
to me by reason of my membership, shares or other participation therein;
6. To make, sign, execute and deliver contracts, documents, agreements, and other
writings of whatever nature or kind, with any and all third persons, concerns, or
entities, upon terms and conditions acceptable to my said attorney;
7. To prosecute and defend any and all suits, actions and other proceedings in the
courts, tribunal, departments and offices of the government of the Philippines, and to
terminate, compromise, settle and adjust the same and the subject-matter thereof.
HEREBY GIVING AND GRANTING unto my said attorney full power and
authority whatsoever requisite or necessary or proper to be done in and about the premises
as fully to all intents and purposes as I might or could lawfully do if personally present, with
power of substitution and revocation, and hereby, ratifying and confirming all that my said
attorney or his substitute shall lawfully do or cause to be done under and by virtue of this
presents.
IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of October
2013 in the City of Baguio, Philippines.
(JURAT)
3. SPECIAL POWER OF ATTORNEY
WE, PAOLO D. REYES and PAULA A. REYES, both of legal age, Filipino citizens,
with residence and postal address at 137 City Camp Central, Baguio City, hereby NAME,
CONSTITUTE AND APPOINT KEVIN S. STA. ANA, single, of legal age, with residence and
postal address at 132-B Fairview Subdivision, Baguio City, Philippines, as our true and legal
representative to act for and in our names and stead, within a period of ONE (1) YEAR, and
to perform the following acts, deeds and things, to wit:
To sell, offer for sale, and come to an agreement as to the purchase price, and
thereafter to sign for us and in our name and receive payment from the sale of our property, a
motor vehicle, more particularly described as follows:
To sign, execute and deliver the Deed of Absolute Sale, contract or any other
instrument or document of whatever kind, as may be necessary or proper as said Attorney-in-
Fact may, in her discretion, deem to be our best interest.
To demand, collect, receive and accept the proceeds thereof, the purchase price be on
the amount of SIX HUNDRED THOUSAND PESOS (Php600,000.00), in cash or in
check, and, if in check, to endorse and encash the same in any third party and/or any bank or
banking institution.
HEREBY GRANTING unto our representative full power and authority to execute
and perform every act necessary to render effective the power to sell the foregoing properties,
as fully to all intents and purposes as we might or could do if personally present shall lawfully
do or cause to be done by virtue of these presents with full power of substitution and
revocation, and HEREBY RATIFYING AND CONFIRMING ALL that our Attorney-in-fact or
her substitute shall lawfully do or cause to be done by virtue hereof.
IN WITNESS WHEREOF, we have hereunto set our hands this 28th day of
October 2013, in the City of Baguio, Philippines.
(JURAT)
4. WAIVER, RELEASE AND QUITCLAIM
I, RUBY EMERALD D. YAMON, Filipino, of legal age, single and a resident of 89-
C Everlasting St., GEFA-Lower QM, Baguio City, Philippines, after being sworn to in
accordance with law, hereby depose and state:
1. That by these presents, I hereby state that I have voluntarily resigned as STAFF
NURSE of ALIZWEL HOSPITAL located at 67 Magsaysay Avenue, Baguio City;
2. That I hereby acknowledge to have received from my employer the sum of ONE
HUNDRED THOUSAND PESOS (P100,000.00) which is in full and final
satisfaction of my salary and other benefits that may be due me for the service
which I have rendered for the latter;
5. That the payment which I have received as provided herein should not in any way
be construed as an admission of liability on the part of my employer and is
voluntarily accepted by me and will, if need be, serve as full and final settlement of
any amounts due me or any claims or cause of action, either past, present, future,
which I may have in connection with my employment with my employer;
6. As such, I finally make manifest that I have no further claims or cause of action
against my employer or any person connected with the administration and
operation of the latter and forever release the latter from any and all liability.
WITNESS WHEREOF, I have hereunto set my hand this 29th day of October 2013
in Baguio City, Philippines.
(JURAT)
5. REVOCATION OFSPECIAL POWER OF ATTORNEY
We, STEPHEN Q. AMIN and KRYSTIA A. AMIN, both of legal age, Filipino
citizens, with residence and postal address at 133 Quisumbing, Trancoville, Baguio City,
Philippines, do hereby revoke and cancelthe Special Power of Attorney which we executed
in favor of JASON E. ROXAS.
The said Special Power of Attorney is docketed and entered in the Notarial Registry of
Notary Public LOLITO V. VILLA of Baguio City as Doc. No. 77; Page No. 16; Book No. X;
Series of 2011, and under Entry No. 3768499-04-264 dated June 09, 2011 of the
Memorandum of Encumbrances of TCT. No. T-20392.
We are HEREBY REVOKING all that our said Attorney can lawfully do or cause to
be done by virtue thereof.
IN WITNESS WHEREOF, we have hereunto set our hands this 4th day of
November 2013, in the City of Baguio, Philippines.
(JURAT)
6. SUBSTITUTION OF ATTORNEY IN FACT
Dated this 5th day of November, 2013 in the City of Baguio, Philippines.
DOMINIC E. FERNANDEZ
Principal
BY SYLVIA L. TORRES
(JURAT)
CHAPTER VI : EJECTMENT CASES
a. COMPLAINT
b. DEMAND LETTER
c. ANSWER
a. COMPLAINT
b. ANSWER
1.a. EJECTMENT: UNLAWFUL DETAINER COMPLAINT
versus
JOHN GRISHAM,
Defendant.
x------------------------------------------x
COMPLAINT
Plaintiff, by counsel and unto this Honorable Court, most respectfully avers that:
5. From March 1, 2012 up to the present, Defendant failed to pay the agreed
rental;
7. Despite said demand letter and repeated oral demands, Defendant failed
and still refused to pay the agreed amount of rentals and to vacate the
apartment;
PRAYER
Copy furnished:
JURAT
1.b. ANNEX B DEMAND LETTER
#2 Sanitary Camp
Baguio City
Please be advised that your stay in my leased apartment has long been overdue. For five
months now, you have failed to pay the agreed rentals. As such, you are notified to make all
outstanding payments and to vacate the leased apartment within five (5) days from receipt of
this notice.
Sincerely,
Randy Singer
1.c. EJECTMENT: UNLAWFUL DETAINER ANSWER
versus
JOHN GRISHAM,
Defendant.
x------------------------------------------x
ANSWER
Defendant, by counsel and unto this Honorable Court, most respectfully avers that:
4. Defendant admits that he failed to pay the agreed rental but only from
August, 2012 up to present, when Plaintiff has already brought the matter
before the Barangay Authorities and later to this Honorable Court;
9. By way of Counterclaim, considering that the Plaintiff has in bad faith and
without any cause of action filed the instant case for which the Defendant
was constrained to answer the same, Defendant should be awarded moral
damages in the sum of Php 20,000.00 and attorneys fees in the sum of
Php 10,000.00.
PRAYER
JOSE RIZAL
Counsel for Defendant
PTR No. 1111111 / 1-4-10 / Baguio City
Roll of Attorney No. 59999 / 1-4-10 / Baguio City
IBP Lifetime Membership No. 03777 / Baguio-Benguet
MCLE Compliance No. III-005 / 1-10-10
Rm. 201, 2nd Floor Pilando Building
# 254 Magsaysay Avenue, Baguio City
Copy furnished:
JURAT
2.a. EJECTMENT: FORCIBLE ENTRY COMPLAINT
versus
BEN BUTTON,
Defendant.
x------------------------------------------x
COMPLAINT
Plaintiff, by counsel and unto this Honorable Court, most respectfully avers that:
2. Defendant, BEN BUTTON, is also a Filipino citizen, of legal age, single and
with residence and postal address at #1 Laurel Street, Baguio City;
3. Plaintiff is the registered owner of Lot 485, with an area of four hundred
eighty five (485) square meters, situated at Laurel Street, Baguio City and
covered by Tax Declaration No. 00071 (Annex A) and Transfer
Certificate of Title No. 50905 (Annex B);
4. On July 26, 2012, Plaintiff saw Defendant and other persons forcibly
entering the lot by destroying the fence and erecting a structure thereon;
6. On September 21, 2012, Plaintiff brought the matter before the Barangay
Authorities for conciliation but no settlement was reached (Annex C);
1. To vacate the subject premises and give the immediate right of possession
to Plaintiff;
Copy furnished:
JURAT
2.b.EJECTMENT: FORCIBLE ENTRY ANSWER
versus
BEN BUTTON,
Defendant.
x------------------------------------------x
ANSWER
Defendant, by counsel, and unto this Honorable Court most respectfully avers that:
7. By way of Counterclaim, considering that the Plaintiff has in bad faith and
without any cause of action filed the instant case for which the Defendant
was constrained to answer the same, Defendant should be awarded moral
damages in the sum of Php 20,000.00 and attorneys fees in the sum of
Php 10,000.00.
PRAYER
JOSE RIZAl
Counsel for Defendant
PTR No. 1111111 / 1-4-10 / Baguio City
Roll of Attorney No. 59999 / 1-4-10 / Baguio City
IBP Lifetime Membership No. 03777 / Baguio-Benguet
MCLE Compliance No. III-005 / 1-10-10
Rm. 201, 2nd Floor Pilando Building
# 254 Magsaysay Avenue, Baguio City
Copy furnished:
JURAT
CHAPTER VII : MOTIONS
COMES NOW, the undersigned counsel for the accused respectfully prays for
Postponement of Hearing in the above-entitled case and respectfully manifests that:
1. That counsel received the Notice of Hearing for Promulgation of Decision dated 28
November 2013 on 13 January 2013;
2. That in the said Notice, the promulgation of the decision is set on 17 January 2014, 9
oclock in the morning;
3. That, unfortunately, counsel cannot appear on such date and time as she had earlier
committed herself to appear before the Regional Trial Court of La Trinidad, Benguet,
Branch 8, in the following case:
a. People of the Philippines vs. Awan Macunana, Crim. Case No. 00004-S For:
Rape;
Hence, this motion;
4. That counsel will be available on 20 January 2014, 8:30 oclock in the morning;
5. That this motion is not interposed to delay the proceedings of the case but due solely
for the reason aforecited and that counsel offers her sincerest apology.
PRAYER
NOTICE OF HEARING
2. MOTION FOR REDUCTION OF BAIL
PRAYER
MIGUEL C. TIONGCO,
Plaintiff,
Civil Case No.: 6234-R
- versus
FOR COLLECTION OF SUM OF
RONUEL J. SANTIAGO, MONEY
Defendant.
x---------------------------------x
COMES NOW, the plaintiff, through the undersigned counsel in the above-entitled
case and unto this Honorable Court respectfully states that:
1. The records of the Honorable Court show that Defendant was served with copy of the
summons and of the complaint, together with annexes thereto on 12 November
2013;
2. Upon verification however, the records show that Defendant RONUEL J. SANTIAGO
has FAILED TO FILE HIS ANSWER WITHIN THE REGLEMENTARY
PERIOD specified by the Rules of Court despite the service of the summons and the
complaint;
3. As such, it is respectfully prayed that Defendant RONUEL J. SANTIAGO be declared
in default pursuant to the Rules of Court and that the Honorable Court proceed to
render judgment as the complaint may warrant.
PRAYER
NOTICE OF HEARING
PAOLO A. AMILING,
Plaintiff, Civil Case No. CV-2463
For: Collection of Sum
-versus- of Money
ALICIA B. ANDRADA,
Defendant
x---------------------x
The PLAINTIFF, through the undersigned counsel and to this Honorable Court
respectfully alleges:
1. That on October 15, 2013, plaintiff filed a complaint for collection of sum of
money in the amount of EIGHT HUNDRED THOUSAND PESOS
(Php800,000.00) against defendant;
2. That in his answer, the defendant admitted the obligation, but he was asking for
an extension of time to pay his obligation and instead the herein complaint was
filed;
3. That the said answer admits the material allegations of the complaint and has not
tendered any issue;
4. That in view thereof, a judgment on the pleadings can be rendered.
KAYE KOMICHO-GAANO
Counsel for the Defendant
NOTICE OF HEARING
5. MOTION FOR BILL OF PARTICULARS
XYZ CORPORATION
Plaintiff,
Civil Case No. 2157
-versus - For: Collection of Sum of Money
DANIEL M. BUNDOC,
Defendant.
x------------------------------------x
Defendant, through the undersigned counsel and unto this Honorable Court, avers:
2. The said allegation is not averred with sufficient definiteness and particularity,
specifically it does not mention the amount of the check therein mentioned, its check
number, date, and the drawee bank;
4. However, due to the fact that defendant corporation had to transfer its liaison offices
depending on its project sites, the check stub where the above-mentioned check came
from was probably misplaced and could no longer be found;
5. That a bill of particulars or a more definite statement as to particulars of the said check
which was allegedly issued by the defendants as partial payment for the first month
would definitely simplify the issues in this case and hopefully uncomplicate the
negotiations between the parties for an amicable settlement.
PRAYER
KAYE KOMICHO-GAANO
Counsel for the Defendant
Unit 3I, West Burnham Place Condominium
Kisad Road, Baguio City
(074) 244-0188/ 09104406155
Copy Furnished:
COMES NOW, the private complainant, through the undersigned Private Prosecutor
and under the direct control and supervision of the Public Prosecutor, and unto this
Honorable Court, most respectfully state:
1. That in an Information filed by the Office of the Prosecutor dated 1 November 2014,
the Accused, LORENZO K. MARIANO, was charged for ESTAFA under other deceits
of Article 318 of the Revised Penal Code based on the Complaint filed by the Private
Complainant, BRENT N. SERQUIA;
2. That the basis of the Honorable Public Prosecutor in charging the Accused with
Estafa is the provision on other deceits under Article 318 of the Revised Penal Code
stating among others that, the respondent or even his corporation do not actually
own the lot sold to the Private Complainant, the respondent must be held liable
under Article 318 of the Revised Penal Code.
3. That the Accused should have been charged for ESTAFA under ARTICLE 315
Paragraph 2a of the Revised Penal Code, and not under Article 318, which provides
that, ESTAFA could be committed by means of false pretenses or fraudulent acts
executed prior to or simultaneously with commission of the fraud by using a
fictitious name, or falsely pretending to possess power, influence, qualifications,
PROPERTY, credit, agency, business transactions; or by means of other similar
deceits;
4. That the Affidavit Complaint of the Private Complainant stated therein that the
Accused obtained money from the Private Complainant in the amount of FOUR
HUNDRED THOUSAND PESOS (PHP400,000.00) to be used to build a house
over a property which the Accused offered to the Private Complainant. It turned out
however that the land was not the property of LORENZO K. MARIANO or in the
name of his corporation. With all the representations and false pretenses made by the
Accused that he owned a property and assuming the obligation to build a house
thereon but subsequently no property or building was erected, shows that indeed the
Accused only deceived the Private Complainant to obtain his money;
5. That the act of the Accused in misrepresenting that he is the owner of a lot being the
subject of a house and lot package to obtain money from the Private Complainant and
misappropriating the same constitutes the crime of ESTAFA under ARTICLE 315
Paragraph 2a of the Revised Penal Code;
6. That the Private Complainant, BRENT N. SERQUIA, respectfully requests that a
RE-INVESTIGATION be conducted on the above-entitled case to resolve whether
or not the case falls within the ambit of ARTICLE 315 Paragraph 2a constituting
the crime of ESTAFA by falsely pretending to possess property and not ARTICLE 318
of the Revised Penal Code;
7. That this Motion is not in any manner intended to cause delay in the speedy
disposition of this instant case or to frustrate the ends of justice.
PRAYER
Respectfully submitted this 18th day of January 2014, in the City of Baguio,
Philippines.
With my conformity:
FRANCO MONTALBAN
NOTICE
PROSECUTORS OFFICE
Justice Hall, Baguio City
PROSECUTORS OFFICE
Justice Hall, Baguio City
PEDRO Y. SENIOR,
Plaintiff,
Civil Case No.: 8809
-versus-
FOR COLLECTION OF SUM OF
FACUNDO M. KITMA, MONEY WITH DAMAGES
Defendant.
x---------------------------------x
COMES NOW, the plaintiff, by the undersigned counsel in the above-entitled case
and unto this Honorable Court, states:
1. That a decision has been rendered in this case on 19 November 2014 in favor of the
Plaintiffs and against the Defendants;
2. That the period for appeal has already expired without the defendants having
perfected an appeal from said decision;
3. That the said decision is now final and executor.
PRAYER
Respectfully submitted this 19th day of January 2014, in the City of Baguio,
Philippines.
NOTICE OF HEARING
Please take notice that on 27 January 2014 at 10:30 oclock in the morning
undersigned Counsel will submit the foregoing MOTION FOR EXECUTION OF
JUDGMENT for the kind consideration and approval of the Honorable Court and set the
above-entitled case for hearing on the said date and time.
MARIO T. UMAYAO,
Petitioner, CA-G.R. SP. No. 7417
- versus
E.C.C., S.S.S.,
ALTO CORPORATION
Respondents.
x------------------------------------x
1) That the Employees Compensation rendered its Decision on August 20, 2013,
consequently Petitioner filed a Motion for Reconsideration however, it was denied and
the decision of which was received by the Petitioner on November 4, 2013;
2) That the undersigned admitted that she has inadvertently filed the Notice of Appeal of the
above entitled case to the ECC on November 18, 2013 to which a Notice of Appeal with
Formal Entry of Appearance & Motion for Extension of Time to File Petition with
Payment of Filing/Docket Fees was filed on December 14, 2013;
3) That the undersigned counsel prayed for an extension for filing the petition, considering:
a. That she is saddled with out-of-town family affairs which include inheritance
matters;
b. That it is the policy of this Honorable Court of Appeals to certify the documents of
the case which will be taken from the office of ECC in Manila, therefore the
undersigned needs more time to secure said documents in Manila; and
c. All government offices (ECC) were closed due to the Christmas Holidays;
4) That the trend not to consider the delay in filing a claim for workmans compensation as
non-jurisdictional defect is justified by Article 24. The employees compensation vis-a-vis
the employer has always been a marked disadvantage. (Central Azucarrera v. WCC, 133,
Phil. 539)
5) That to be candid with this Honorable Court, this counsel is a new practitioner and her
shortcomings should not bind the poor worker and deprive him of justice;
6) That the Petition for Review was sent through registered mail on January 6, 2014;
7) Thereby the undersigned counsel begs for the consideration of the Petition for Review
which was earlier sent on January 6, 2014.
PRAYER
KAYE KOMICHO-GAANO
Counsel for the Petitioner
EXPLANATION
That the copy of this Motion for Reconsideration was served to the adverse parties
and the Honorable Court of Appeals through registered mail due to the distance and lack of
personnel to effect personal service..
AFFIDAVIT OF SERVICE
IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of January
2014 in the City of Baguio, Philippines.
MARICRIS D. CASTRO
Affiant
JURAT
9. MOTION FOR EXTENSION OF TIME
DARWIN G. THOMAS,
Defendant.
X-----------------------------------------------------X
Respondent, by the undersigned counsel, and unto this Honorable Office of the City
Prosecutor, most respectfully states that:
1. Respondent engaged the services of undersigned counsel only on January 10, 2014;
2. Respondent received the subpoena on January 8, 2014 and thus has until January 25, 2013
within which to submit his counter-affidavit;
3. However, due to the pressures of equally urgent professional work and prior commitments,
the undersigned counsel will not be able to meet the said deadline;
5. This Motion is not intended for delay but solely due to the foregoing reasons.
PRAYER
KAYE KOMICHO-GAANO
Counsel for the Plaintiff
Unit 3I, West Burnham Place Condominium
Kisad Road, Baguio City
(074) 244-0188/ 09104406155
NOTICE OF HEARING
MOTION TO QUASH
COMES NOW defendant, by counsel and unto this Honorable Court, most
respectfully move to quash the information filed against the defendant on the ground of lack
of jurisdiction over the subject matter.
ARGUMENTS
1. Defendant is indicted for committing the crime of Unjust Vexation that is punished
under the Article 287, Paragraph 2 of the Revised Penal Code; Said provision states
that:Any other coercions or unjust vexations shall be punished by arrestomenor or a
fine ranging from 5 pesos to 200 pesos, or both.(emphasis ours)
2. Defendant, however, most respectfully submit that this Honorable Court lacks
jurisdiction over the subject matter of the offense for the reason that article 287,
paragraph 2 of the revised penal code that punishes unjust vexations cannot be a
basis of any criminal prosecution for being NULL AND VOID AND patently
unconstitutional on its face because of the FOLLOWING reasons:
a) Said penal provision condemns no specific or definite act or omission thus failing to
define any crime or felony;
c) Such vagueness and overbreadth result to violation of the due process clause and the
right to be informed of the nature of the offense charged;
4. Two years later, this was followed by a scholarly exposition by Justice Johnson in the
case of In re: R. MCCULLOCH DICK, 38 Phil. 41, April 16, 1918, where he stated that:
x xx In the Philippine Islands no act is a crime unless it is made so by law. The
law must specify the particular act or acts constituting the crime. If that were not
so, the inhabitants could not know when they would be liable to be arrested, tried
and punished. Otherwise the mandatory provisions of the law, that all criminal
laws shall be prescribed, would prove to be a pitfall and a snare. The inhabitants
of the Philippine Islands, whether citizens, denizens or friendly aliens, have a
right to know, in advance of arrest, trial and punishment, the particular acts for
which they may be so tried. They cannot be arrested and tried, and then be
informed for the first time that their acts have been subsequently made a crime,
and be punished therefor. x x x(emphasis and underscoring ours).
5. Justice (later Chief Justice) Fernando in his concurring opinion in the case of
PEOPLE v. CABURAL, G.R. No. L-34105, February 4, 1983, also made a similar
observation, stating that:
The maxim Nullumcrimennullapoena sine lege has its roots in history. It is in
accordance with both centuries of civil law and common law tradition. Moreover,
it is an indispensable corollary to a regime of liberty enshrined in our
Constitution. It is of the essence then that while anti-social acts should be
penalized, there must be a clear definition of the punishable offense as well as the
penalty that may be imposed a penalty, to repeat, that can be fixed by the
legislative body, and the legislative body alone. So constitutionalism mandates,
with its stress on jurisdictio rather than guvernaculum. The judiciary as the
dispenser of justice through law must be aware of the limitation on its own
power. (emphasis and underscoring ours).
The rationale of said doctrine that a criminal or penal legislation must clearly
define or specify the particular act or acts punished is ably explained by the
United Stated Supreme Court in the case of LANZETTA v. STATE OF NEW
JERSEY, 306 U.S. 451, where it held that:
x xx It is the statute, not the accusation under it, that prescribes the rule to
govern conduct and warns against transgression. x xx No one may be
required at peril of life, liberty or property to speculate as to the meaning of
penal statutes. All are entitled to be informed as to what the State commands
or forbids. x xx (emphasis and underscoring ours).
6. Article 287, par. 2 of the Revised Penal Code condemns no SPECIFIC act or
omission!Therefore, it does not define any crime or felony.
7. Paragraph 2 of Article 287 of the Revised Penal Code does not define, much less
specify, the acts constituting or deemed included in the term unjust vexations
resulting to making the said provision a sort of a catch-all provision patently
offensive to the due process clause;
8. The right to define and punish crimes is an attribute of sovereignty. Each State has
the authority, under its police power, to define and punish crimes and to lay down the
rules of criminal procedure. Pursuant to this power to define and punish crimes, the
State may not punish an act as a crime unless it is first defined in a criminal statute so
that the people will be forewarned as to what act is punishable or not. The people
cannot be left guessing at the meaning of criminal statutes;
9. Moreover, Article 3 of the Revised Penal Code defines felonies (delitos) as acts or
omissions punishable by law. Article 287, Par. 2 of the Revised Penal Code condemns
no specific act or omission! Therefore, it does not define any crime or felony!
10. Philippine Jurisprudence is replete with examples that would readily show that Art.
287, Par. 2 of the Revised Penal Code has not been used to prosecute a well-defined or
specific criminal act.Instead, it was used as a catch-all provision to prosecute acts
which are not expressly made criminal by any other provision of the Revised Penal
Code. This is anathema to criminal due process that requires notice of what specific
act or omission is punished by law;
11. Art. 287, par. 2 of the Revised Penal Code fails to set an immutable and ascertainable
standard of guilt, but leaves such standard to the variant and changing views and
notions of different judges or courts which are called upon to enforce it. Instead of
defining the specific acts or omissions punished, it leaves to the courts the power to
determine what acts or types of conduct constitute unjust vexation. Moreover,
liability under the said provision is also made dependent upon the varying degrees of
sensibility and emotions of people. It depends upon whether or not another is vexed
or annoyed by said act or conduct. As previously intimated, one cannot be convicted
of a violation of a law that fails to set up an immutable and an ascertainable standard
of guilt.
CONCLUSION
In view of all the foregoing, Defendant submit that Art. 287, par. 2 of the Revised
Penal Code that punishes unjust vexations is unconstitutional on its face for its fatal failure
to forbid a specific or definite act or conduct resulting to its congenital vagueness and over
breadth which are anathema to constitutional due process and the right to be informed of the
nature of the offense charged;
PRAYER
WHEREFORE, it view of all the foregoing, it is most respectfully prayed that the
information be quashed, and defendants discharged.
KAYE KOMICHO-GAANO
Counsel for the Plaintiff
NOTICE OF HEARING
11. MOTION FOR JUDICIAL DETERMINATION OF PROBABLE CAUSE
PREFATORY
4. In the instant cases, however, accused-movants were denied due process when the
panel of public prosecutors committed the following grave misconduct which also
clearly showed that they did not possess the cold neutrality of an impartial judge.
a. Despite failure to comply with the requirement under Rule 112, Section 3
(a) of the Revised Rules of Criminal Procedure that the affidavits of the
complainants and his witnesses shall be subscribed and sworn to before
any prosecutor x xx, the investigating prosecutors gave due course to the
criminal complaints of the alleged widows, instead of dismissing them
outright.
5. All the foregoing show that accused-movants were denied their right to due process
and that the panel of public prosecutors that conducted the investigation were
biased against them.
6. This complaint on three counts of murder has been concocted by police and military
operatives, obviously acting under central directive and command. As in prior legal
offensives against the respondents the game plan is to neutralize the respondents
politically, by filing and securing warrants of arrest at all costs for the non-bailable
offense of murder. Fortunately, and as clearly demonstrated in their counter-
affidavits, the fabrication of evidence has been so crudely done that even on their
faces, the perjured statements have been exposed by the very weight of their
inconsistencies, inherent incredibility and barefaced lies.
7. Their affidavits, aside from appearing contrived, also contain statements that are
baseless and patently bereft of any logic. It also contained statements based on mere
hearsay.
8. The testimony presented against the four accused-movants, being manifestly biased
and malicious, aside from being false, highly indicate a mechanism ensured to
persecute the four.
PRAYER
WHEREFORE, premises considered, in the interest of justice and to uphold the rule
of law, accused MICHAEL T. ALCANTARA, RICHARD D. BANTASAN and ALLAN G.
FAUSTINO pray for the outright dismissal of this case.
Other forms of relief that are just and equitable under the premises are also prayed for.
KAYE KOMICHO-GAANO
Counsel for the Plaintiff
Unit 3I, West Burnham Place Condominium
Kisad Road, Baguio City
(074) 244-0188/ 09104406155
PTR No. 108888; 1-9-12/Baguio City
Roll of Attorney No. 101118
IBP Lifetime Membership No. 0821057
Baguio-Benguet
1. DEMAND LETTER
2. NOTICE OF ADVERSE CLAIM
3. NOTICE OF COMMISSIONERS REPORT AND SETTING IT FOR HEARING
4. NOTICE OF DEATH OF PARTY
5. NOTICE OF HEARING (CIVIL CASE)
6. NOTICE OF HEARING (CRIMINAL CASE)
7. NOTICE OF LIS PENDENS
8. NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION
9. NOTICE TO TAKE DEPOSITION UPON WRITTEN INTERROGATORIES
1. DEMAND LETTER
18 January 2013
I write in behalf of Mr. DING DELOS SANTOS and Mrs. MICHELLE DELOS
SANTOS of #30, St. Patrick Road, Irisan, Baguio City.
Please be reminded that you have encroached upon a portion of their property located in the
above-stated address and from the time you started to so encroach, your occupation of said
portion is merely tolerated by the said owners. Demand was made upon you orally to vacate
the property but you refused.
Demand is being made upon you to vacate the portion you have encroached within fifteen
(15) days from receipt of this letter or else my clients will have no option left but to file the
appropriate case/s against you in the proper courts.
We recommend that you act on this matter immediately to avoid the embarrassment and
rigors of court litigation.
Thank you.
Sir:
I, BRIAN RODRIGO, after first being sworn according to law, do hereby state:
1. That I have an adverse claim in that certain registered real property, covered by TCT No.
T-04522 of the Registry of Deeds of the City of Baguio, particularly described as
follows:
2. That I bought said land from MR. SAM TING WONG, but since I was a minor at the
time of the purchase, I requested MR. AL RODRIGO, my uncle, to register the same in the
latters name for my benefit and to be held in trust for me. My uncle agreed and so the land
was registered in his name.
3. That I am the real and actual owner of said property, and not the registered owner thereof,
and to protect my interest thereto as actual owner, this adverse claim is being registered on
said TCT, to warn any third person from buying the same.
WHEREFORE, I hereby request the Register of Baguio to register this adverse claim
in the manner provided by law.
Affiant
(JURAT)
3. NOTICE OF COMMISSIONERS REPORT AND SETTING IT FOR HEARING
JUAN DE BAWI,
Plaintiff,
- versus- CIVIL CASE NO. _______
Please be notified that Commissioner Jim Gordon has submitted his report to the
court on the issues referred to him by the order of reference dated December 27, 2013. You
are hereby given ten (10) days from receipt hereof to signify your objections, if any, to the
findings of the commissioner.
After the 10-day period, please also be notified that the report will be set for hearing
on January 9, 2014 at 8:30 oclock in the morning, for adopting, modifying or
rejecting the report, in whole or in part, or requiring the parties to present further evidence
before the commissioner or the court.
(Clerk of Court)
4. NOTICE OF DEATH OF PARTY
- versus
MIKE TAYSON,
Respondent.
x -------------------------------------------- x
This is to notify for the death of JOPREE LANISTER, the Petitioner in this case. The
fact of death is evidenced by a Certificate of Death issued by the Local Civil Register of La
Trinidad, Benguet attached hereto as Annex A.
__________________
Counsel for the Petitioner
Proof of Service
NOTICE OF HEARING
Mr. ________:
This is to notify the parties that the above-captioned case is set for hearing on 25 January
2014 at 9:00 o'clock in the morning.
ROBERT DUKUSEN
Defendant.
x----------------------------------------x
NOTICE OF HEARING
Mr. ________:
This is to notify the parties that the above-captioned case is set for hearing on 28 January
2014 at 8:30 o'clock in the morning.
AIDA LORNA-FE,
Defendant.
x-----------------------------------x
Sir:
Please take notice that a parcel of land covered by TCT. No 3322 located in Upper
Tomay, La Trinidad, Benguet, registered in the name of defendant is the subject matter of an
action for Reconveyance of an undivided one-sixth portion thereof filed by KREES AQUINO,
above-named plaintiff. Accordingly, please make the corresponding entries in the books of
your Registry in the manner provided by law.
Respectfully submitted.
Copy furnished:
LOURD GOSENG,
Respondent.
x -------------------------------------------- x
Mr. ________:
This is to notify the parties that pursuant to Rule 23 of the Revised Rules of Civil
Procedure, the testimony, upon oral examination of SHANTI GAMIAO, whose address is at
#55 Poblacion, Marinduque, Philippines, as a last witness, will be taken on January 31, 2014
at 2:00 in the afternoon before the Honorable Court, or before the Clerk of Court of Branch 9.
The circumstances of this deposition as are provided in the motion are as follows:
1. The witnesss testimony will corroborate certain portions of the testimony of the
Petitioner, especially as to the fact that from the start of their marriage until their
separation, the petitioner and the respondent have not lived together as husband and
wife, that the petitioner and the respondent each manifest certain traits and behavior
patterns that are indicative of their respective inabilities to perform their marital
obligations towards each other;
2. In view of her announced change or residence, and because of the fact that she resides
at a City more than 100 kilometers away from La Trinidad, Benguet, the deposition
will be taken.
JASON ANTONIO,
Respondent.
x -------------------------------------------- x
Mr. ______:
This is to notify the parties that pursuant to Rule 23 of the Revised Rules of Civil
Procedure, the testimony, upon written interrogatories of MADAM AURING, whose address
is at #55 Poblacion, Marinduque, Philippines, as a last witness, will be taken on March 5,
2014 at 9:00 in the morning before the Clerk of Court of Branch 4. The circumstances of this
deposition as are provided in the motion are as follows:
The witnesss testimony will corroborate certain portions of the testimony of the
Petitioner, especially as to the fact that from the start of their marriage until their separation,
the petitioner and the respondent have not lived together as husband and wife, that the
petitioner and the respondent each manifest certain traits and behavior patterns that are
indicative of their respective inabilities to perform their marital obligations towards each
other;
In view of her announced change or residence, and because of the fact that she resides
at a City more than 100 kilometers away from Baguio City, the deposition will be taken.
JASON M. CELIS,
Plaintiff. CIVIL CASE NO. ____
-versus- For: Unlawful Detainer
STEFANIE C. HAIGHT,
Defendant.
x-----------------------------------x
APPEARANCE AS COUNSEL
Sir:
Please enter the appearance of the undersigned as counsel for the defendant in the
above entitled case for all legal purposes.
___________________________
Counsel for the Defendant
KYLE T. DUMO,
Plaintiff. CIVIL CASE NO. ____
-versus- For: Unlawful Detainer
LEX M. BOTENGAN,
Defendant.
x-----------------------------------x
COMES NOW, Attorney ____________, counsel of record for the defendant and to
this Honorable Court respectfully moves to withdraw as counsel of said defendant with the
express consent of said defendant as shown in this motion;
That in the substitution thereof, Attorney ____________, whose services have been
engaged by defendant hereby enters her appearance as counsel for the defendant;
That upon approval of this Honorable Court, all pleadings, notices and papers in
connection with this case be addressed to new counsel Atty. _______ with address at No. 19,
Puso ng Baguio Bldng., Session Rd., Baguio City.
With my consent:
(Defendant)
JASON M. CELIS,
Petitioner. CIVIL CASE NO. ____
-versus- For: Rescission with Damages
2. Plaintiff is engaged in the trading of rice, sugar and other merchandise while
defendant is the owner of a rice mill and is also engaged in the wholesale of different varieties
of rice.
3. On July 19, 2013, plaintiff entered into an agreement with the defendant for the
purchase of one thousand (1,000) cavans of Sinandomeng rice at the rate of One Thousand
Five Hundred Pesos (P1,500.00) each.
4. Under the agreement, plaintiff shall pay a down payment equivalent to fifty
percent (50%) of the total purchase price and the balance to be paid when he picks up the
merchandise from defendants rice mill on August 30, 2013.
6. On August 30, 2013, plaintiff went to the defendants rice mill to pick up the one
thousand (1,000) cavans of Sinandomeng rice and to pay the balance of P500, 000.00.
7. Defendant, however, informed the plaintiff that he cannot deliver to the plaintiff
the entire one thousand (1,000) cavans of Sinandomeng rice and that all he has in his rice
mill was only one hundred (100) cavans. Defendant instead offered a different variety of rice
but of lower quality. Plaintiff refused and insisted on the refund of the P500, 000.000 down
payments he paid to the defendant.
8. Defendant, however, refused to return the amount paid by the plaintiff.
9. Plaintiff demanded for the return of the amount he paid to the defendant and for
the rescission of their earlier agreement but his demand fell and deaf ears. A copy of
plaintiffs demand letter is hereto attached as Annex C and made an integral part hereof.
10. Defendant is evidently guilty of bad faith in refusing to return the amount paid by
the plaintiff without even giving any valid or justifiable reason, which caused the latter
mental anguish, serious anxiety, moral shock and other similar injury, for which the
defendant should be held liable to pay P150, 000.00 as moral damages.
11. By way of example or correction for the public good, and to deter other like-
minded individuals from trampling upon the rights of others, defendant should likewise be
held liable to pay P150, 000.00 as nominal damages.
12. As a result of defendants wanton refusal to return the amount paid by the
plaintiff and to rescind their earlier agreement, plaintiff was compelled to litigate and for the
purpose, have to engage the services of the undersigned law firm for a fee of P100, 000.00.
13. Defendant should likewise be held liable for interest at the legal rate, litigation
expenses and costs of suit.
PRAYER
2. Ordering the return of the amount of P500, 000.00 to the plaintiff, plus interest
thereon at the legal date from date until full payment thereof;
3. Ordering the defendant to pay the plaintiff the following sums:
a. P150, 000.00 as and for moral damages;
b. P150, 000.00 as and for exemplary damages;
c. P100, 000.00 as and for attorneys fees;
d. Litigation expenses; and
e. Costs of suit.
Plaintiff prays for such relief as may be just and equitable in the premises.
COMES NOW, petitioner, by the undersigned counsel and unto this Honorable Court,
respectfully states that:
1. Petitioner is a Filipino citizen, of legal age, single, and resident of No. 15 Guisad
Road, Baguio City where she may be served with summons and other court processes;
2. Respondent MARY MAY B. PILUDEN is a Filipino citizen, of legal age, and resident
of No. 23 Pinsao Proper, Baguio City where she may be served with summons and other court
processes;
3. Petitioner and respondents are the legitimate children and sole heirs of their
deceased father TIMMY J. PILUDEN who died intestate on October 19, 2013, as evidenced
by his death certificate herein attached as ANNEX 1;
4. Deceased left intestate estate consisting of:
a. One (1) parcel of land located at Pinsao Proper, Baguio City, covering 750
square meters, more particularly described by Transfer Certificate of Title No. 9238
herein attached as ANNEX 2, and
PAULA G. ALUNDAY,
Plaintiff. CIVIL CASE NO.______
-versus- For: Collection for Sum of Money
VENUS T. TOLENTINO,
Defendant.
x-----------------------------------x
Plaintiff, through the undersigned counsel and unto this Honorable Court, most
respectfully alleges that:
1. Plaintiff is a Filipino, single, of legal age, and a resident of No. 8 Lower Pinget,
Baguio city; while defendant is likewise a Filipino, of legal age, single, and a resident of No.
25 Upper Pinget, Baguio City, where she may be served with summons and other court
processes;
2. On January 25, 2012, defendant borrowed from the plaintiff the amount of Two
Hundred Thousand Pesos (200,000.00 PhP), subject to interest at the rate of three percent
(3 %) per month payable on January 25, 2013.
3. Defendant failed to pay the said loan and the interests thereon on the due date
thereof, and continues to fail to pay the same until the present, despite demands of the
plaintiff;
4. Due to the defendants unjustified failure to comply with the plaintiffs just and
valid claim, plaintiff was compelled to initiate this action and to retain the services of the
undersigned counsel, and to incur expenses in the amount of Twenty Thousand Pesos
(20,000.00 PhP) as and by way of attorneys fees.
PRAYER
WHEREFORE, it is respectfully prayed that, after due hearing, judgment be rendered
ordering the defendant to pay the plaintiff the amount of Two Hundred Thousand Pesos
(200,000.00 PhP)with interest thereon at the rate of three percent (3%) per month from
January 25, 2013 until fully paid, plus the amount of Twenty Thousand Pesos (20,000.00
PhP) as and by way of attorneys fees.
Plaintiff prays for such further and other relief as may be just and equitable under the
premises.
KATHERINE J. MADINO,
Defendant.
x-----------------------------------x
COMES NOW, plaintiff, by counsel and unto this Honorable Court, respectfully states
that:
1. Plaintiff is a Filipino, of legal age, single, and a resident of No. 14 Central Fairview,
Baguio City where she may be served with summons and other processes, while defendant is
also a Filipino, of legal age, single, a friend of plaintiff, and a resident of No. 16 Ambiong,
Baguio City where he may be served with summons and other processes;
3. Petitioner and defendant agreed to enter into a contract of sale wherein the former
shall sell the personalty to the latter in exchange for money. However, as no amount was ever
agreed upon by them, the contract was never made;
4. On August 19, 2013, defendant borrowed the personalty for business purposes and
petitioner, a good friend as he was, lent said personalty to the former on condition that the
personalty be returned ten (10) days thereafter;
5. However, on the date of the supposed delivery, defendant refused to deliver said
personalty and claimed that he bought the same from petitioner. Defendant, through fraud,
showed petitioner their purported DEED OF ABSOLUTE SALE dated August 19, 2013, herein
attached as ANNEX 1, in which said personalty was allegedly sold for and in consideration of
FIVE HUNDRED THOUSAND PESOS (500,000.00 PhP) and which contained the forged
signature of the latter;
6. The events led petitioner to obtain legal services of a counsel and to institute the
instant complaint for annulment of the abovementioned document, thereby committing him
TWENTY THOUSAND PESOS (20,000.00 PhP) as Attorneys Fees; and
7. This action is commenced within Four (4) years from the time of discovery of
defendants fraud pursuant to ARTICLE 1391 of the CIVIL CODE OF THE PHILIPPINES.
PRAYER
COMES NOW, plaintiff, by the undersigned counsel and unto this Honorable Court,
respectfully states that:
1. Plaintiff is a Filipino, of legal age, single, and a resident of No. 19, Middle Pinget,
Baguio City where he may be served with summons and other court processes, while
defendant is a Filipino, of legal age, married to JOY D. LAGASCA, and a resident of No. 8
Ferguson Road, Guisad, Baguio City where he may be served with summons and other court
processes;
2. Plaintiff and defendant are brothers and two of the children of BRENT W.
LAGASCA, hereinafter referred to as the deceased, who died on July 19, 2011 and left a parcel
covering 450 square meters of land at No. 14 Dizon Subdivision, Baguio City described in
TCT No. 1029-B herein attached as ANNEX A;
3. Right after the burial of deceased, defendant requested from plaintiff and their
other sibling DAVID W. LAGASCA that he be allowed to take possession and receive income
generated by the subject property until after her eldest son could graduate from college, to
which request the sisters acceded;
4. After his eldest son, KYENOAH T. LAGASCA, graduated college, defendant was
asked by plaintiff and their other sibling to return the subject property so they could partition
the same among themselves. Defendant, however, refused to relinquish possession of said
property to the prejudice of her other sisters;
5. Due to defendants refusal to return possession of the subject property, plaintiff was
forced to institute the foregoing action, committing her to pay TWENTY THOUSAND PESOS
(20,000.00 PhP) as consideration for legal services rendered by counsel.
PRAYER
WHEREFORE, plaintiff most respectfully prays this Honorable Court to render judgment in
her favor:
1. ORDERING restitution of the possession of the parcel of land described in
paragraph 2 hereof to plaintiff,
CHERRY M. FOCASAN,
Petitioner, CIVIL CASE NO. _____
-versus- For: Legal Separation
1. Petitioner is of legal age and with residence at No. 1 Aurora Hill, Baguio City, while
respondent is also of legal age and has his address at No. 1 Aurora Hill, Baguio City, where he
may be served with summons and other legal processes.
2. Petitioner and respondent are husband and wife, who were married on October 10,
2010 at the Baguio Cathedral, Baguio City.
3. After three (3) years of marriage, petitioner begot 2 children from his respondent
husband, named SYLVETTE and JESSICA, and through their joint efforts the petitioner and
respondent were able to acquire two parcels of land located in Quezon City, one of which is
where petitioner lives with her two children.
4. Respondent showed acts of marital irresponsibility after one year of their married.
He became alcoholic and frequently quarreled with petitioner, to the extent of inflicting
physical violence, for no apparent reason so much so that petitioner suffered many physical
injuries.
5. Petitioner frequently would leave the conjugal home for days, and she found out
later that he was living with another woman in another place, and he stopped giving support
to petitioner and his two children. On or about October 7, 2013, he abandoned the conjugal
home and lived permanently with his common-law wife, without any justifiable reason with
whom he begot a child named, Jose.
PRAYER
Petitioner further prays for such relief as are provided in law and as may be just and
equitable in the premises.
JANETH D. CHAN,
Petitioner. CIVIL CASE NO. ______
-versus- For: Nullity of Marriage
HANSEL M. CHAN,
Respondent.
x-----------------------------------x
2. On February 14, 2010, petitioner and respondent got married at the Baguio
Cathedral.
3. They lived at No. 7 Ambiong, Baguio City and petitioner noticed that he gave so
many excuses why he would not have sex with her. For about one year since their marriage,
he never had any sex with her, which was the reason for many of their quarrels. Such
quarrels led him to frequently leave the conjugal home, and when he would return at unholy
hour of the night, he was drunk and would immediately go to sleep.
5. In the more than one year of their marriage, respondent did not have any sex with
her, nor would he even allow petitioner to touch his private parts, no to kiss him, to such an
extent that their lives became so unbearable that constrained her to file the instant petition
for declaration of nullity to void marriage on the ground of psychological incapacity, pursuant
to Article 36 of the Family Code.
6. It has been held that the prolonged refusal of a spouse to have sexual intercourse
with the other spouse is a sign of psychological incapacity.
PRAYER
JENNIFER K. URBAN,
Petitioner. CIVIL CASE NO. ______
-versus- For: Acknowledgement of Foreign
Decree of Divorce
KEITH M. URBAN,
Respondent.
x-----------------------------------x
COMES NOW, petitioner, by counsel and unto this Honorable Court, respectfully
states that:
1. Petitioner is a Canadian citizen, of legal age, and divorced to respondent under the
Canadian law. For purposes of this petition, she may be served with notices and other
pertinent processes through counsel at Unit 2B, 2nd Floor, Porta Vaga Building, Session Rd.,
Baguio City;
3. Petitioner and respondent met in Canada and fell in love with each other. They
were married in Canada on May 3, 2010, as evidenced by their marriage contract herein
attached as ANNEX 1 and a photograph of the ceremony herein attached as ANNEX 2, which
was held valid within the jurisdiction of Philippines pursuant to ARTICLE 26 of the FAMILY
CODE;
5. Hurt and disappointed, petitioner returned to Canada and filed a petition for
divorce which was granted by the Superior Court of Justice of Ontario, Canada on October 19,
2013. A decree of divorce, herein attached as ANNEX 3, was issued and subsequently became
effective on December 20, 2014;
6. Three months after the divorce, petitioner moved on and met another Filipino
HARRY CONNICK, of legal age and a resident of No. 12 Cabinet Hill, Baguio City;
7. Desiring now to remarry, petitioner instituted the instant proceedings for the
acknowledgement of the aforementioned foreign decree of divorce.
PRAYER
____________________________________
Counsel for the Plaintiff
COMPLAINT-AFFIDAVIT
I, PSY GANGNAM, of legal age, single, Filipino Citizen, with residence and postal
address at #69 Irisan, Baguio City, Philippines (but may be notified at First ATM Loans and
Credit Corporation (FALCC), Room 305, 3rd Floor Samson Building, Lower Mabini Street,
Baguio City, after having duly sworn to an oath in accordance with law do hereby depose and
state the following, to wit:
1. That I am the manager of First ATM Loans and Credit Corporation (FALCC)
with office address at 3rd Floor, Room 305, Samson Building, Lower Mabini
Street, Baguio City and am authorized to file this complaint;
2. That on behalf of First ATM Loans and Credit Corporation, I am filing this
complaint for ESTAFA, or any appropriate charges as the evidence may
warrant, against KIM JONG IL for knowingly, unlawfully and feloniously
defrauding First ATM Loans and Credit Corporation (FALCC) in the manner
stated below:
3. That KIM JONG IL, of legal age, Filipino and a resident of #123 Mabini St.
Baguio City worked for First ATM Loans and Credit Corporation (FALCC) as a
collector from January 1, 2012 up to his suspension on January 15, 2014;
4. That his duties, among others, are to collect payments of loans for and in
behalf of FALCC; to issue official receipts; and to remit the same to the
company-designated cashier;
7. That on January 30, 2014 a formal demand (Annex A) has been made
upon Mr. KIM JONG IL demanding that he return the amount of Two
Hundred Thousand Five Hundred Sixty Three Pesos and 28/100
(P200,563.28) within five (5) days from his receipt thereof. But despite
such demand, he failed, refused and still fails and refuses, to return the same;
8. That also marked as Annex B and in series are the Affidavits executed by
different clients of First ATM Loans and Credit Corporation (FALCC) stating
that indeed they paid to Mr. KIM JONG IL certain amounts as part of their
loans to the Corporation with the expectation that Mr. KIM JONG IL will
remit the same;
9. That as per our continuous investigation, to date, Mr. KIM JONG IL has
carried away a total amount of Two Hundred Twenty Three Thousand,
Two Hundred Fifty Php 223,250.00 to the damage and prejudice of First
ATM Loans and Credit Corporation (FALCC);
PSY GANGNAM
Affiant
SUBSCRIBED AND SWORN to before me this 14th day of February, 2014 at Baguio
City.
CERTIFICATION
COMPLAINT-AFFIDAVIT
I, PSY GANGNAM, of legal age, single, Filipino Citizen, with residence and postal
address at #69 Irisan, Baguio City, Philippines, after having duly sworn to an oath in
accordance with law do hereby depose and state the following, to wit:
1. That I know the person KIM JONG IL, hereafter referred to as Respondent,
who is a resident #69 Grande Island Magsaysay Road, Baguio City, Philippines;
3. That the said check is drawn against the account of the said Respondent at
Metrobank with Account No.12345-1234;
4. That at the time the said Respondent issued and delivered the said check to me, he
made the assurance and representation that the said check is a good check and
would be covered by sufficient funds when presented for payment;
5. However, when the above-mentioned check was deposited, the same was
dishonored and returned by the bank on the ground that the same was drawn
against a CLOSED ACCOUNT. A true and faithful machine reproduction of the
said check is hereto attached as Annex A;
6. As such I immediately notified said Respondent of the dishonor and return of the
said check and demanded from him that he make good the said check within
FIFTEEN (15) days from receipt thereof. A true and faithful machine reproduction
of my demand letter to him is hereto attached as Annex B;
7. That when said Respondent failed to heed my demands, I endorsed the said check
to my legal counsel who immediately sent a formal demand letter through
registered mail with return card on January 25, 2014, which was personally
received by the said Respondent on January 15, 2014. As of date however, the
Respondent has unjustifiably ignored all these demands to pay the said account
and/or to redeem the said returned check. A true and faithful machine
reproduction of my demand letter to him is hereto attached as Annex C;
PSY GANGNAM
Affiant
SUBSCRIBED AND SWORN to before me this 14th day of February, 2014 at Baguio
City.
CERTIFICATION
COMPLAINT-AFFIDAVIT
I, PSY GANGNAM, of legal age, single, Filipino Citizen, with residence and postal
address at #69 Irisan, Baguio City, Philippines, after having duly sworn to an oath in
accordance with law do hereby depose and state the following, to wit:
3. That after arriving at the Manpowers office with all the necessary documents as
stated in their advertisement, located at #69 Magsaysay Road, Baguio City, I was
scheduled for an immediate interview by a certain KIM JONG IL;
4. That during the said interview, KIM JONG IL boasted about the thousands of
workers which he has already sent to various countries in the Middle East as shown
by Manpowers supposed numerous awards and citations posted on the walls of the
office of the said interviewer;
5. That after such interview, I was informed that I had all the necessary requirements
except the mandatory placement fee of One Hundred Thousand Pesos (Php
100,000.00) which they required as soon as I was able to pay such amount.
6. That after a month thereafter, or on January 03, 2014, I was able to raise such
amount through various loans from my relatives which I promptly paid to Manpower
through KIM JONG IL;
7. That after such payment I was scheduled to return for my employment papers and
other credentials after a week, or on January 10, 2014;
8. That after returning a week later, I was shocked to discover that the offices of
Manpower were already abandoned and that there wasnt a trace to be found of the
said agency;
11. That because Manpower through its owner KIM JONG IL gave the distinct
impression that he had the power or ability to send me abroad for work such that I
was convinced to part with my hard-earned money in order to be deployed, I am
hereby filing this complaint against the Respondents for Illegal Recruitment or the
violation of the provisions of Republic Act 8042.
PSY GANGNAM
Affiant
SUBSCRIBED AND SWORN to before me this 14th day of February, 2014 at Baguio
City.
CERTIFICATION
4.PHYSICAL INJURIES
I, PSY GANGNAM, of legal age, single, Filipino Citizen, with residence and postal
address at #69 Irisan, Baguio City, Philippines, after having duly sworn to an oath in
accordance with law do hereby depose and state the following, to wit:
1. That sometime on January 2, 2014, at about 6:30 p.m., while I was going
home from work, I passed by some people drinking alcohol along the street;
2. That while passing through, by accident I was pushed by one of them while
he was moving backward and I refer to the one who bumped me as a certain
Mr. KIM JONG IL;
4. That after a while his companion, a certain Mr. KIM SONG IL, aka
Nanoy, asked me what was my problem and I told him there is none.
Then he said, (Di pa tapos and atraso mo sa amin ng misis ko,) Your fault
to me and wife has not been settled yet. Which I completely knew nothing
about.
6. That I told them I will not fight but they did not listen and together they
boxed and mauled me on different parts of my body causing me a lot of
injuries and they also used iron pipe to strike me to which I suffered a 10-
inch wound in my head, a fractured left leg and two broken ribs due to the
severe beating, and I have was hospitalized for 16 days and advised to get a
complete rest for 4 weeks or more until my leg brace will be removed and
my ribs will be completely healed and I am attaching to this complaint the
medical certificates to attest to my wounds and injuries. A true and faithful
machine reproduction of my Medical Certificate is hereto attached as Annex
A;
7. That because of these physical injuries I was feeling pain all over my body;
8. That the said complaint was referred to the Lupon Tagapamayapa but the
respondents did not appear despite notice;
9. That the said complaint was now certified for filing to the proper
government office;
10. That also because of these mauling and injuries I am hereby filing this
criminal complaint for Physical Injuries against the respondents, Mr.
KIM JONG IL, MR. KIM SING IL, aka Nanoy, KIM CHIU IL
AND JOHN DOES , and they may be subpoenaed at the #21 Torres
Bugallon St, Baguio City;
PSY GANGNAM
Affiant
SUBSCRIBED AND SWORN to before me this 14th day of February, 2014 at Baguio
City.
CERTIFICATION
COMPLAINT-AFFIDAVIT
I, PSY GANGNAM, of legal age, single, Filipino Citizen, with residence and postal
address at #69 Irisan, Baguio City, Philippines, after having duly sworn to an oath in
accordance with law do hereby depose and state the following, to wit:
4. That I am executing this affidavit to attest to the truth of the foregoing averments
and for the purpose of criminally prosecuting said KIM JONG IL for ORAL
DEFAMATION/SLANDER for his grave utterances as determined by the
Prosecution Office in the preliminary investigation.
IN WITNESS WHEREOF, I have hereunto affixed my signature below, this 14 th day of
February, 2014 at Baguio City, Philippines.
PSY GANGNAM
Affiant
SUBSCRIBED AND SWORN to before me this 14th day of February, 2014 at Baguio
City.
CERTIFICATION
6. RAPE
COMPLAINT-AFFIDAVIT
I, OPPA GANGNAM, 10 yrs. of age, Filipino Citizen, with residence and postal
address at #69 Irisan, Baguio City, Philippines, after having duly sworn to an oath in
accordance with law do hereby depose and state the following, to wit:
1. That the accused, KIM JONG IL, is my uncle, being that his wife, KIM CHIU IL, is
the sister of my father PSY GANGNAM, and our neighbor, residing at #70 Irisan,
Baguio City;
2. That on January 24, 2014, at around 8:00 P.M., I heard the accused whistle for me;
3. That I went to the accused, thinking that he was going to send me on an errand,
whereupon, the accused brought me near a bench in the yard, and told me to remove my
underwear, otherwise he would kill me;
4. That the accused then embraced my, pulled out his penis and inserted his penis into
my vagina. The accused also prompted to wrap my legs around his midsection. All the
while, the accused kept on threatening me that (Sasaktan kita kung papalag ka o kung
isusumbong mo ito kahit kanino) I will hurt you if you resist or if you tell anyone about
this;
5. That while in this position, my mother, MINDA GANGNAM, saw what was being
done to me, whereupon, the accused upon seeing my mother, put me down and grabbed
a piece of wood, telling my mother that he was trying to kill some rats;
6. That my mother got angry and she pulled me inside the house and spanked me so that
I would tell the truth about what was going on;
7. That when my mother found out that I had no underwear I told her about everything
that happened;
8. That I was brought by my mother to the Baguio General Hospital where I was
physically examined, and after which, members of the local police asked me some
questions about the incident;
9. That the very next day, January 25, 2014, I was brought to the Justice Hall of Baguio
to file charges against the accused;
10. That upon consultation with my lawyer, I understand that the acts of the accused
qualify for RAPE punishable under Article 266-A of the Revised Penal Code;
11. That Article 266-A of the Revised Penal Code provides that RAPE is committed 1) by
a man who shall have carnal knowledge of a woman under any of the following
circumstances: xxx a) through force, threat or intimidation xxx;
12. That I am executing this complaint-affidavit to attest to the truth of the foregoing
facts and for the purpose of filing a criminal complaint for RAPE against the accused.
OPPA GANGNAM
Affiant
SUBSCRIBED AND SWORN to before me this 14th day of February, 2014 at Baguio
City.
CERTIFICATION
This is to certify that Ms. OPPA GANGNAM, 10 years old, with residence at #69
Irisan, Baguio City, was examined and related in this hospital on January 24, 2014, with the
following findings
Issued this 24th day of January 2014, for whatever purposes it may serve
This certificate is issued by authority of the Director.
COMPLAINT-AFFIDAVIT
I, OPPA GANGNAM, of legal age, married, Filipino Citizen, with residence and
postal address at #69 Irisan, Baguio City, Philippines, after having duly sworn to an oath in
accordance with law do hereby depose and state the following, to wit:
1. That on January 01, 2014 while I was walking home with my husband, PSY
GANGNAM, at around 11:00 P.M. we passed by SANGER STORE located adjacent
to our residence;
2. That while we were peacefully walking and minding our business, some men having a
drinking session in the said store started to shout and heckle at me and my husband for
no apparent reason;
3. That my husband wanted to speak his mind but I convinced him to walk away as there
were three of them and he could not fight them alone;
4. That while we were walking away, their leader, MR. KIM JONG IL, shouted
(huwag mo kaming talikuran, hindi porke kasama mo asawa mo e aatrasan ka namin)
Dont turn your back on us, Dont think that just because youre with your wife that we
will back down;
5. That as we were trying to get away from the store in order to avoid trouble, two of the
companions of KIM JONG IL, namely KIM IL SUNG, and BURAT OBAMA held my
husband so as to prevent him from fighting back and they kept on pushing me away as I
was trying to help my husband which consequently caused me to lose my balance and
fall down on the pavement, breaking my ankle and leaving me incapacitated;
6. That as I was helpless to help my husband and while he was struggling to break free,
KIM IL SUNG said to KIM JONG IL, banatan mo na to para din a pumalag, and then I
saw BURAT OBAMA hand over a knife to KIM JONG IL which he used to repeatedly
stab my husband which he then passed on to KIM IL SUNG and BURAT OBAMA, both
of whom continued stabbing my husband until he was already unable to move;
7. That while they were stabbing my husband I was shouting frantically for help from
anyone nearby to which some barangay tanods came to the rescue which caused the
group of KIM JONG IL to flee the scene;
8. That if it were not for the timely assistance of the barangay tanods, I would surely
have succumbed to the same fate as my husband;
9. That upon the arrival of the medical emergency unit, they examined my husband and
afterwards told me that he had already passed away;
10. That I am executing this complaint-affidavit to attest to the truth of the foregoing
facts and for the purpose of filing a criminal complaint for MURDER against the
accused, KIM JONG IL, KIM IL SUNG, and BURAT OBAMA.
IN WITNESS WHEREOF, I have hereunto affixed my signature below, this 14th day of
February, 2014 at Baguio City, Philippines.
OPPA GANGNAM
Affiant
SUBSCRIBED AND SWORN to before me this 14th day of February, 2014 at Baguio
City.
CERTIFICATION
POSTMORTEM FINDINGS
(1) 2.0 cms., located on the chest wall along mid axillary line, left side 24.5 cms., from the
anterior median line, directed forward, upward, medially, involving the skin
underlying soft tissues into the left thoracic, penetrating lower lobe of the left lung
with an approximate depth of 7.0 cms.
(2) 3.0 cms., located on the chest wall along posterior axillary line, left side, 24.5 cms.
From the posterior median line, directed forward, the left thoracic cavity, penetrating
uppser lobe of left lung with an approximate depth of 8.0 cms.
(3) 3.0 cms., located on the posterior abdominal wall, left side 18.0 cms., from the
posterioir medial line, directed backward, upward, upward medially, involving the
skin and underlying soft tissues, communicating with another wound, 2.5 cms., in
length, located on the posterior abdominal wall, left side, 7.5 cms. From the posterior
median line.
(4) 3.0 cms. Located on the anterior aspect, left leg, 29.0 cms., above the left heel,
directed backward, upward, laterally, involving the skin and underlying soft tissues,
communicating with another wound 2.0 cms., in length, located on the posterolateral
aspect, left 32.0 cms. Above the left heel.
PSY GANGNAM,
Accused.
X---------------------------------------X
The accused, through undersigned counsel, unto this Honorable Court, respectfully
states that:
(1) He is of legal age, single, Filipino citizen and a resident of Number 123 Buyagan,
Poblacion, La Trinidad, Benguet;
(2) On January 31, 2014, the Honorable Court rendered judgment on the above-entitled
case convicting him of the crime of serious physical injuries and sentencing him to
suffer the penalty of imprisonment, the dispositive portion of which read as follows:
(3) In view of the foregoing judgment, the accused hereby most respectfully applies
before the Honorable Court for probation;
(4) The accused further states that he is not one among those offenders disqualified to
avail of the benefits of probation, as provided under Section 9, of Presidential Decree
No. 968, as amended, to wit:
(5) The accused has not perfected nor does he intend to perfect an appeal from the
aforementioned judgment of the Honorable Court;
(6) He further undertakes to faithfully and religiously comply with the conditions of the
probation as provided for under P.D. 956 (Probation Law of 1976) or as may be
ordered by the Honorable Court should this application for probation be granted.
PRAYER
Other relief just and equitable in the foregoing is likewise prayed for.
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NOTICE OF HEARING
Greetings!
Please take notice that on February 22, 2014 at 2:00 in the afternoon or soon
thereafter as counsel may be heard, the undersigned will request the Honorable Court to
approve the foregoing Application for Probation without further argument and appearance
from counsel.
ADOLF HITLER,
Petitioner.
x-----------------------------------------x
PETITION
1. Petitioner is of legal age, single and with residence at Bakbakan, Baguio City.
2. Petitioner was born on October 11, 1988 and his fathers name was JIM HITLER,
while his mothers name was EMILY CRUZ. His birth certificate showed that the name given
as ADOLF HITLER, true copy of which is attached hereto as Annex A. His school records
until he finished high school carried the name of ADOLF HITLER.
3. Petitioner has no alias name.
4. The family name, which he carries, HITLER, taken together with his first name
bear is similar to the name of the infamous Leader of the NAZI party who committed
numerous atrocities , which has evoked derisive laughter among his schoolmates and
neighbors and has caused him embarrassment, in his social and school dealings.
5. Petitioner desires to change his name from ADLOF HITLER to ADOLF CRuZ,
which is the surname of his mother, to avoid derisive laughter among his playmates and
schoolmates in high school and prevent embarrassment, as he now intends to further his
studies in college, and, after college, to marry and go into business.
WHEREFORE, petitioner prays that after notice, publication, and hearing,
judgment be rendered changing petitioners name from ADOLF HITLER to ADOLF CRUZ.
2. Petitioner was born on July 10, 1981 in Baguio City to the spouses Johnny H.
Garcia and Demetria L. Garcia;
3. The fact of petitioners birth was reported and recorded in the Office of the
Local Civil Registrar of Baguio City. A photocopy of his Certificate of Live Birth
is hereto attached as Annex E and made an integral part hereof;
4. In his Certificate of Live Birth, particularly under entry No. 8 (Name of child),
petitioners first name as indicated therein was erroneously entered as BABY
BOY, instead of his supposed correct name which should have been RENZ;
6. Petitioner, however, has been using as his first name, RENZ, in all his school,
professional and business records and in signing any document as well as in
representing himself to third persons;
7. In order therefore to set Petitioners Certificate of Live Birth in conformity with
his correct and true identity; an Order of the Honorable Court is therefore
needed to effect the necessary changes in his Certificate of Live Birth.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of this
Honorable Court that after due notice and hearing, to render a judgment:
Such other reliefs and remedies which may be just and equitable under the
circumstances are likewise prayed for.
Respectfully submitted.
_________________
Counsel for the petitioner
EXPLANATION
3. PETITION FOR DECLARATION OF PRESUMTION OF DEATH
RE:
Petition for Declaration of Presumption of Death of
Mcdo A. Burgers
SP. PROC. NO.
___
Jollibee B. Burgers,
Petitioner.
x-----------------------------------------------------------------------x
1. The petitioner is of legal age, Filipino citizen, and a residence and postal
address at #69 Irisan, Baguio City where she may be served with summons and
other court processes;
2. The petitioner and her husband, Mcdo A. Burgers, were married to each other,
on November 26, 1992, before Fr. James Desmet, CICM, at the Saint William
the Hermit, Roman Catholic Church, San Fernando City; Attached herewith,
marked as Annex A and made an integral part of this petition is a copy of the
marriage certificate;
BRYAN B. BURGERS
Born on November 7, 1996 at Baguio City
- and -
4. The petitioners husband left the conjugal abode sometime in 1999 and no news
about said respondent had been received since then;
5. The common children have since been legally adopted by the petitioners
parents who are U.S. citizens and have been living in the United States since
their respective adoptions were granted;
7. Given the lapse of time since the last news or sighting of the petitioners
husband, the latter may now be declared legally dead for all intents and
purposes;
PRAYER
b. That petitioner be given such other reliefs and remedies which may be just and
equitable under the circumstances.
Respectfully submitted.
_________________
Counsel for the petitioner
EXPLANATION
4. PETITION FOR GUARDIANSHIP
PETITION
Petitioner, through the undersigned counsel and before this Honorable Court, states
that:
4. The names and residences of the relatives of PEPITO SANCHEZ are the following:
6. Letters of guardianship over the person and properties are prayed for by petitioner,
who is the Uncle of the incompetent, and has been entrusted his care by his father.
PRAYER
Such other reliefs and remedies which may be just and equitable under the
circumstances are likewise prayed for.
Respectfully submitted.
_________________
Counsel for the petitioner
EXPLANATION
5. PETITION FOR HABEAS CORPUS
MAGI SIMPSON,
Two (2) years of age,
Represented by her mother,
MARGE SIMPSON, S.P. No._______
Petitioner, For: HABEAS CORPUS
-versus-
P E TI TI ON
COMES NOW the petitioner, represented by her mother, MARGE SIMPSON, through
her undersigned counsel and unto this Honorable Court most respectfully states that:
1. The petitioner is a minor, two years of age, and under the legal custody of and
residing with her mother MARGE SIMPSON at #69 Irisan, Baguio City while the
respondents are of legal age and are residing at Number 53-A Trancoville, Baguio City
where they may be served with processes;
2. The petitioner is the legitimate child of MARGE SIMPSON with the respondent
HOMER SIMPSON;
3. Due to several attempts made by respondent HOMER SIMPSON on the life of his wife
MARGE SIMPSON, the parties have separated with the minor child remaining in the
custody of her mother;
4. The legal custody of the said minor, being under five years of age, is vested in MARGE
SIMPSON;
5. On December 20, 2012, at about 2:30 in the afternoon, the respondent HOMER
SIMPSON, resorting to ruse and trickery, abducted with the petitioner surreptitiously,
leaving MAGI SIPMSON in a mall at Magsaysay Avenue, Baguio City, without
returning the said minor to the custody of her mother;
6. The petitioner, in whose behalf this application is being made, is actually restrained of
her liberty by the respondent HOMER SIMPSON in the residence of his mother
GRANMA SIMPSON who has knowledge that her son is continuously restraining the
petitioner;
7. The petitioner is a child in a very delicate state of health and can easily get sick
without special care and attention;
8. The petitioner has exhausted all means allowed by law, and that she has no other
plain, speedy or adequate remedy to protect her rights except by application for a writ
of Habeas Corpus.
PRAYER
Such other reliefs and remedies which may be just and equitable under the
circumstances are likewise prayed for.
Respectfully submitted.
_________________
Counsel for the petitioner
In the Matter of
Voluntary Recognition of Minor Child
MAGI SIMPSON,
SPECIAL PROCEEDINGS
NO. _____
PETITION
Petitioners, by and through the undersigned counsel, with sufficient cause, hereby
avers that:
1. Petitioners are of legal age, Filipino Citizens and with residence at #69 Irisan, Baguio
City;
2. HOMER SIMPSON is the natural father of the child MAGI SIMPSON, who is 7 years
of age and lives with him and his wife MARGE SIMPSON, at the indicated address
and who, since birth, has been living with them at the above indicated address.
Petitioner and his wife have continuously recognized the child as their legitimate child
since birth, introduced him to other persons as their child, and enrolled him as their
child in the kindergarten and in the elementary school as his legitimate child. The
child has been part of any and all family gatherings;
3. The natural mother of the child, LISA SIMPSON died during giving birth to the child
on January 30, 2006. Attached hereto is a copy of the Death Certificate of Ms. LISA
SIMPSON marked as Annex A;
4. That the petitioner, HOMER SIMPSON was never legally married to Ms. KIM
MUSTAFA as there are no records in the Local Civil Registrar that show that the
petitioner was married prior to his current marriage to Ms. MARGE SIMPSON.
Attached hereto is a certification by the Local Civil Registrar marked as Annex B;
5. The names and residences of those who acknowledged the child, apart from herein
petitioners, and their compulsory heirs, are as follows:
APU NAZARIM - #70 Irisan, Baguio City
EDWARD BURNS - #65 Irisan, Baguio City
PRAYER
Respectfully submitted.
_________________
Counsel for the petitioner
EXPLANATION
7. PETITION FOR ADOPTION
PETITION
COME NOW the petitioners through counsel, unto this Honorable Court, most
respectfully allege:
1. That petitioners are husband and wife, both of legal age, Filipinos, with
residence at Tolmod, Lubo, Kibungan, Benguet, where they maybe served with
notices, orders and decisions of this Honorable Court;
2. That sometime on April 2004, the herein petitioners took into their care and
custody a minor, JOHN M. IRANDA, who was born on February 9, 2004 at
Tolmod, Lubo, Kibungan, Benguet by way of home delivery whose date of
birth was duly registered in the Local Civil Registrar of the Municipality of
Kibungan, copy of the Certificate of Live Birth is hereto attached as Annex A
hereof;
3. That petitioners were legally married on January 12, 1995 before Rev. Father
Claudio Banasan, a Roman Catholic Priest at the Holy Family Church, Lubo,
Kibungan, Benguet, copy of their Marriage Contract is hereto attached as
Annex B hereof;
4. That despite they had been married for a period of 12 years, they have not
begotten any child;
5. That they desire to adopt the minor, JOHN M. IRANDA in accordance with
the Provisions of the Family Code of the Philippines and other related laws
having cared and developed mutual love with the minor and that he has been
always treated as their child;
6. That the natural mother of the minor has given her written consent to this
Petition for Adoption;
7. That the natural father of the minor has not acknowledged the paternity
affiliation of the child; hence, his written consent cannot be possibly secured;
8. That petitioners believe that the adoption of this minor JOHN M. IRANDA
will serve the best interest of the child;
9. That petitioners possess all the qualifications and none of the disqualification
to adopt the said minor;
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court
that after due notice, publication and hearing, it shall render a decision granting this petition
for adoption, declaring JOHN M. IRANDA as the child of the petitioners with the same
rights, privileges and duties as though he is a legitimate child as well as legal heir of the
petitioners;
Further, petitioners pray that the child be allowed to use the middle name PALINGET
and the family name DOHOW;
Finally, it is prayed that the Local Civil Registrar of Kibungan Municipality be ordered
to issue an amended Certificate of Live Birth of the adopted child JOHN M. IRANDA bearing
the middle name and family name of the petitioners;
Other reliefs, deemed, just and equitable under the premises are prayed for.
Baguio City for La Trinidad, Benguet.
January ____, 2014.
(JURAT)
8. PETITION FOR ADMINISTRATION
- versus -
MANNY PALASYO,
Respondent.
x ---------------------------------- x
PETITION
COME NOW, the Plaintiff by and through the undersigned counsel and this
Honorable Court, most respectfully states:
4. That the deceased MARIANNE PALASYO, during her marriage with the above-
named MANNY PALASYO, acquired real and personal property, particularly
described as follows, to wit:
5. That the surviving husband MANNY PALASYO, even during the lifetime of his
legitimate wife or the deceased MARIANNE PALASYO had been maintaining
marital relations with another woman with whom he has at present several
children;
6. That the surviving husband, MANNY PALASYO, since the death of his wife,
MARIANNE PALASYO, had not made any settlement, judicial or extrajudicial,
of the property of his deceased wife;
7. That, on the contrary, they said surviving husband Manny PALASYO, continued
to manage and control the property left by the deceased wife, Marianne
PALASYO, to his own benefit and advantage, to the exclusion of the legal rights
of the above-named heirs, some of whom are already of age, married, and heads of
families;
8. That the herein petitioner, as one of the legal heirs of the deceased, Marianne
PALASYO, had on several occasions, requested of his father, to make a
settlement and liquidation of the estate left by the said deceased, and to deliver to
all the legal heirs what is due to each and every one of them, but they said father
refused to do so, without any justifiable reason;
9. That the said husband Manny PALASYO is managing and controlling the estate
of the deceased Marianne PALASYO to his own advantage and to the
advantage and benefit of his illegitimate wife and illegitimate children, and to the
damage and prejudice of the herein petitioner and his co-heirs, that unless
another administrator is appointed by this Honorable Court, the property sought
herein to be divided and which was left by the deceased at the time of her death
will likely diminished, if not entirely perish;
10. That the petitioner, as the eldest son of the deceased is competent and willing to
act as such administrator of the estate of the deceased;
11. That for the protection of the rights and interests of the minor children Myla
PALASYO, a guardian ad litem to be appointed by this Honorable Court, for the
purposes of this proceedings;
12. That the petitioner is also competent to act as such guardian ad litem for the
minor Myla PALASYO;
PRAYER
WHEREFORE, in view of the foregoing, it is respectfully prayed:
a. That after due hearing, letters of administration be issued to the herein
petitioner for the administration of the estate of the deceased Marianne
PALASYO, upon giving of a bond in such reasonable sum as this Honorable
Court may fix;
b. That petitioner, Jacky PALASYO, be appointed guardian ad litem for the
minor Myla PALASYO, for the purposes of this proceedings;
c. That after all the property of the deceased have been inventoried and expenses
and just debts, if any, have been paid and the legal heirs of the deceased fully
determined, that the said estate of the deceased be settled and distributed
among the legal heirs of the deceased, all in accordance with law;
d. Other relief and/or remedies just and equitable under the premises are
likewise prayed for.
(Copy Furnished)
CHAPTER XII : ANSWERS
MICKEY S. INAKANU
Plaintiff, CIVIL CASE NO. _______
For: Annulment / Cancellation
of REM with Prayer for
- versus - Preliminary Injunction
with Issuance of TRO
DONDY N. AMETEN
Defendant.
x---------------------------x
ANSWER
1. That defendant specifically denies under oath the genuineness and due
execution of the alleged promissory note (Annex B) attached to said
complaint;
2. That said promissory note was executed through fraud, threats, and
intimidation, and therefore null and void.
PRAYER
WHEREFORE, it is respectfully prayed that the complaint be dismissed, with
costs against the plaintiff.
Other relief's, just and equitable under the premises are likewise prayed for.
RESPECTFULLY SUBMITTED this 15th day of February 2014, Baguio City,
Philippines.
CINDY P. ENDENG
Counsel for the Defendant
(EXPLANATION)
2. ANSWER OF DEBTOR PETITION FOR INSOLVENCY
JOMAR MERAIZ,
Plaint iff Civil Case no.: 35467 3
KATYA JUAN,
Defen dant
x -------------------------- x
ANSWER
COMES NOW the defendant, the debtor mentioned in the above-entitled insolvency
proceedings, and in ANSWER to the petition to have him adjudged insolvent alleges:
That she denies that she has committed any of the acts of insolvency set forth in said
petition, or that she is insolvent.
VERIFICATION
JURAT
PROOF OF SERVICE
JOSEPH RODRIGUEZ,
Plaint iff CIVIL CASE NO. 375864
JASON ESTRADA,
Defen dant
x -------------------------- x
ANSWER
1) That the parcel of land in question is a conjugal property of respondent and his
wife, Letty Estrada;
2) That the court in Civil Case NO. 7593 has not acquired jurisdiction over the
person of his wife because she was not a party litigant therein:
3) That the money judgment in Civil Case No 7593 arose from the personal
transaction of petitioner in connection with the accommodation surety he executed to
secure payment of the loan extended by respondent to the corporation, ICORP, which
loan did not benefit the conjugal property, and accordingly said conjugal property is
exempt from execution to satisfy said personal judgment of respondent.
4) That the execution sale is invalid because there was no valid levy made by the
sheriff, as at the time the court in Civil Case No. 7593 has not acquired jurisdiction
over the person of respondents wife, who was not a party litigant in said case.
5) The value of the land in question has market value far exceeding the amount of
money judgment rendered in favor of petitioner, as to unfairly and unjustly enrich
petitioner.
6.) As the Supreme Court ruled in Padilla, Jr. v. Phil. Producers Cooperative
Marketing Assn., G.R. No. 141256, July 15, 2005:
WHEREFORE, respondent respectfully prays that the petition be dismissed for lack
of merit.
VERIFICATION
JURAT
PROOF OF SERVICE
- versus
A NS W E R
The undersigned respondent in the above-entitled case hereby makes due return of
the writ of Habeas Corpus issued by this Court on February 23, 2014, and by way of answer,
most respectfully states:
1) That the herein respondent has Kris Cortez under restraint in the police detention
cell at the Bontoc Police Department headquarters, pending completion of and transfer to
the city jail now under reconstruction;
2) That the herein respondent caused the apprehension of the said Kris Cortez on
January 30, 2013, and the authority, the true, and the whole story and cause of the said
restraint of the said person are the following, to wit:
a) That said party, Kris Cortez, was apprehended and placed under police
custody on suspicion of having smuggled unlicensed firearm found abandoned in an army
bag at the corner of Teresa and Magallanes Streets, this city, reported by a person to have
been carried by said Kris Cortez;
b) That in the evening of January 30, 2014 while investigation of the detainee
was being conducted, the Warrant Section of the Bontoc Police Department discovered
among its files a warrant for the arrest of said Kris Cortez issued by the Regional Trial Court
of this city, Branch II, in Criminal Case No. 7593 entitled People of the Philippines vs. Kris
Cortez for the crime of Assault upon a person in Authority;
c) That in the above-mentioned criminal case, the detainee has not posted a
bond for her provisional liberty up to the present time;
d) That said detainee has been detained temporarily in the police detention
cell of the Bontoc Police Department in view of the destruction through fire of the Bontoc City
Jail;
e) That a copy of the warrant of arrest issued against Kris Cortez is Criminal
Case No. 7593 entitled People of the Philippines vs. Kris Cortez commanding her
apprehension, is hereto attached as Annex A made an integral part of this return and
answer.
AURELIO BALTAZAR
Chief of Police, Bontoc
Respondent
VERIFICATION
JURAT
PROOF OF SERVICE
BERGAN NUNEZ,
Plaintiff, CIVIL CASE NO. 1234-R
For: LEGAL SEPARATION
versus
JANINE NUNEZ,
Defendant.
x------------------------------x
ANSWER
COMES NOW, the defendant, in answering petitioners petition for legal separation, alleges
that :
2. He denies the allegations in the rest of the petition, the truth being that he was
forced to leave the conjugal home because petitioner committed acts which are
also ground for legal separation, such as sexual infidelity, attempt on the life of
respondent and abusive conduct against their two children.
PRAYER
WHEREFORE, respondent prays that the petition be dismissed for lack of merit.
Such other reliefs and remedies which may be just and equitable under the
circumstances are likewise prayed for.
JURAT
PROOF OF SERVICE
COMES NOW, the defendant, through the undersigned Counsel respectfully states
that:
1. Defendant admits that portion of par. 1 of the complaint regarding the names,
residences and status of the parties, but denies the rest thereof, for lack of knowledge
sufficient to form a belief as to the truth thereof.
2. Defendant denies under oath the execution and authentication of the promissory
note, Annex A of the complaint, the truth being that the same is a forgery and that he did
not execute nor sign the same.
3. Assuming, arguendo, that the promissory is genuine and duly executed; it was
executed by a person on behalf of defendant, without any authority from defendant.
4. Assuming, further, that the agent who signed the promissory note on behalf is duly
authorized to do so, the amount of indebtedness therein stated represented payment of
gambling losses of defendant in favor of plaintiff.
5. Assuming, finally, that the indebtedness shown in the promissory note and the
promissory note is legitimate, plaintiff has been paid the amount thereof.
PRAYER
WHEREFORE, defendant respectfully prays that the complaint be dismissed for
lack of merit, with costs against plaintiff.
Such other reliefs and remedies which may be just and equitable under the circumstances are
likewise prayed for.
JURAT
Copy furnished (by personal delivery):
7. ANSWER WITH PERMISSIVE COUNTERCLAIM
COMES NOW, the defendant, through the undersigned Counsel and unto this
Honorable Court most respectfully states that:
1. The subject matter of the complaint is specific performance of contract, and the
permissive counterclaim has no relation to such subject matter of complaint, as follows:
2. The defendant having delivered said clothing materials on February 19, 2013 to
plaintiff, but the latter, notwithstanding repeated demands, both oral and written, failed and
refused to pay the same and still fails and continues to refuse to pay the purchase thereof, in
breach of his obligation.
PRAYER
Such other reliefs and remedies which may be just and equitable under the
circumstances are likewise prayed for.
versus
JOHN GRISHAM,
Defendant.
x------------------------------------------x
ANSWER
Defendant, by counsel and unto this Honorable Court, most respectfully avers that:
4. Defendant specifically admits that he failed to pay the agreed rental but
only from August, 2012 up to present, when Plaintiff has already brought
the matter before the Barangay Authorities and later to this Honorable
Court;
8. By way of Counterclaim, considering that the Plaintiff has in bad faith and
without any cause of action filed the instant case for which the Defendant
was constrained to answer the same, Defendant should be awarded moral
damages in the sum of Php 20,000.00 and attorneys fees in the sum of
Php 10,000.00.
PRAYER
JURAT
- versus -
MATT REDMAN,
Defendant.
x------------------------------------------x
ANSWER
Defendant, by counsel and unto this Honorable Court, most respectfully avers that:
2. He denies the allegations in the rest of the Complaint, such that, he specifically
denies under oath the genuineness and due execution of the alleged promissory
note (Annex A), attached to said Complaint, the truth being, that the same is a
forgery and that he did not execute nor sign the same.
PRAYER
JURAT
PROOF OF SERVICE
versus
BROOK FRASER,
Defendant.
x------------------------------------------x
ANSWER-IN-INTERVENTION
1. He is one of the co-owners of the property, subject matter of the petition for
partition.
2. He has sold his undivided share in the subject property to Plaintiff-Intervenor.
3. He admits having sold his undivided share in the property in question to DON
MARIANO, as shown in the copy of the Deed of Sale, Annex A of the
complaint-in-intervention, but he avers in this connection that the buyer,
DON MARIANO has not fully paid the consideration.
4. By way of COUNTERCLAIM, Defendant alleges that:
a. Plaintiff-intervenor has not paid the full purchase price of the property to
Defendant, as he has an unpaid balance of Php200,000.00, which he
refused to pay and still continues to refuse to pay, notwithstanding
demands.
PRAYER
PROOF OF SERVICE
224
CHAPTER XIII : INFORMATION
225
1. INFORMATION FOR ACTS OF LASCIVIOUSNESS
versus
DARRELL SHEETS,
Accused.
x------------------------------------------x
INFORMATION
That on or about April 14, 2013, in Baguio City, Philippines, and within the
jurisdiction of this Honorable Court, the above-mentioned accused, motivated by lewd
design, did then and there willfully, unlawfully and feloniously mash the breast and touch the
private part of BRANDI PASSANTE, against her will.
CONTRARY TO LAW.
APPROVED:
JOSE RIZAL
City Prosecutor
226
to believe that the offense complained of has been committed and that the accused is
probably guilty thereof.
SUBSCRIBED AND SWORN to before me this 1st day of May, 2013, in Baguio City,
Philippines.
WITNESSES:
1. BRANDI PASSANTE, 23C Sumulong Street, Baguio City,
2. And others.
227
2. INFORMATION FOR ADULTERY
versus
INFORMATION
The undersigned accuses KARI HYNEMANN and ADAM SAVAGE of the crime of
ADULTERY, committed as follows:
That on or about April 15, 2013, in Baguio City, Philippines, and within the
jurisdiction of this Honorable Court, the accused KARI HYNEMANN, legally married to
JAMIE HYNEMANN, did then and there willfully, unlawfully and feloniously have carnal
knowledge with the accused ADAM SAVAGE, who at that time knew that KARI HYNEMANN
was a married woman.
CONTRARY TO LAW.
JOSE RIZAL
City Prosecutor
JURAT
228
3. INFORMATION FOR CONCUBINAGE
INFORMATION
The undersigned accuses RICK DALE and KELLY MAYER of the crime of
CONCUBINAGE, committed as follows:
That on or about April 16, 2013, in Baguio City, Philippines, and within the
jurisdiction of this Honorable Court, the accused RICK DALE, legally married to KELLY
DALE, did then and there willfully, unlawfully and feloniously cohabit with KELLY MAYER,
a woman not his wife, at 3 Cypress, Irisan, Baguio City, and the said KELLY MAYER,
knowing RICK DALE to be a married man, did then and there willfully, unlawfully and
feloniously cohabit with RICK DALE at 3 Cypress, Irisan, Baguio City.
CONTRARY TO LAW.
APPROVED:
JOSE RIZAL
City Prosecutor
JURAT
229
4. INFORMATION FOR DAMAGES
versus
CHUMLEE RUSSELL,
Accused.
x------------------------------------------x
INFORMATION
That on or about April 17, 2013, in Baguio City, Philippines, and within the
jurisdiction of this Honorable Court, the accused RICK HARRISON, being the driver and
owner of an Isuzu car bearing plate no. XXX 123, did then and there willfully, unlawfully and
feloniously drive, manage and operate the said vehicle in a reckless, careless, negligent and
imprudent manner, without regard to traffic laws, rules and regulations and without taking
the necessary care and precaution to avoid damage to property, causing the said vehicle to
collide with a Toyota Corolla bearing plate no. NIM-919 driven and owned by RICK
HARRISON, thereby causing damage to the prejudice of its owner, in the aforementioned
amount of P20,542.00.
CONTRARY TO LAW.
JOSE RIZAL
City Prosecutor
230
5. INFORMATION FOR ESTAFA
INFORMATION
The undersigned accuses SALLY MARTIN of the crime of ESTAFA, committed as
follows:
That on or about April 18, 2013, in Baguio City, Philippines, and within the
jurisdiction of this Honorable Court, the accused SALLY MARTIN, after having received in
trust and on commission from one MARK MEYER a diamond ring worth SEVEN HUNDRED
SIXTY FIVE THOUSAND (P765,000.00) PESOS, Philippine Currency, with the
understanding and agreement that the same shall be sold by her on cash basis at a price not
less than its value and that the overprice, if any, shall be her commission and the proceeds of
the sale shall be remitted to MARK MEYER immediately upon sale thereof, and if unsold,
said diamond ring will be returned to MARK MEYER within a period of three (3) days from
the date of receipt, but said accused, far from complying with her obligation to return the
unsold diamond ring, with grave abuse of confidence, with intent to defraud, did then and
there willfully, unlawfully and feloniously convert and misappropriate the same to her own
personal use and benefit and despite demands made upon her to return the said jewelry, she
failed and refused to do so, to the damage and prejudice of MARK MEYER in the amount
of P765,000.00, Philippine Currency.
CONTRARY TO LAW.
JOSE RIZAL
City Prosecutor
231
6. INFORMATION FOR ATTEMPTED HOMICIDE
versus
BUBBA SMITH,
Accused.
x------------------------------------------x
INFORMATION
That on or about April 19, 2013, in Baguio City, Philippines, and within the
jurisdiction of this Honorable Court, the accused BUBBA SMITH, with intent to kill and
without justifiable cause, did then and there, willfully, unlawfully and feloniously attack,
assault and shot one WALT CADE, thus commencing the commission of the crime of
Homicide directly by overt acts but nevertheless did not perform all the acts of execution
which should have produced the crime of Homicide by reason of cause or causes other than
his own spontaneous desistance, that is due to the timely evasion made by the complainant.
CONTRARY TO LAW.
JOSE RIZAL
City Prosecutor
JURAT
232
7. INFORMATION FOR FRUSTRATED HOMICIDE
versus
CANDACE FLINN,
Accused.
x------------------------------------------x
INFORMATION
That on or about April 21, 2013, in Baguio City, Philippines, and within the
jurisdiction of this Honorable Court, the accused CANDACE FLINN, with intent to kill, did
then and there willfully, unlawfully and feloniously attack, assault and employ personal
violence upon the person of one PHINEAS FERB, by stabbing him on the stomach with a
bladed weapon, thus performing all the acts of execution which should have produced the
crime of homicide, as a consequence but which nevertheless did not produce it, by reason of
some causes independent of the will of the accused; that is the timely and able medical
assistance rendered to said PHINEAS FERB which prevented his death, to the damage and
prejudice of the said offended party.
CONTRARY TO LAW.
JOSE RIZAL
City Prosecutor
JURAT
233
8. INFORMATION FOR PHYSICAL INJURIES
versus
JOHN MEYER,
Accused.
x------------------------------------------x
INFORMATION
That on or about April 22, 2013, in Baguio City, Philippines, and within the
jurisdiction of this Honorable Court, the accused JOHN MEYER, did there and then willfully,
unlawfully and feloniously and without justifiable cause therefor, attack, assault and beat one
KATY PERRY, punching her on the face, thereby inflicting on the latter physical injuries,
which have required and will require medical attention for a period of one to nine days, and
have incapacitated and will incapacitate her from labor for the same period of time.
JOSE RIZAL
City Prosecutor
JURAT
234
9. INFORMATION FOR ILLEGAL DETENTION
NORTH FACE,
Accused.
x------------------------------------------x
INFORMATION
The undersigned accuses NORTH FACE of the crime of KIDNAPPING and SERIOUS
ILLEGAL DETENTION, committed as follows:
That on or about April 21, 2013, in Baguio City, Philippines, and within the
jurisdiction of this Honorable Court, the accusedNORTH FACE, did then and there
willfully, unlawfully and feloniously and without justifiable motive, kidnap and detain
one JOIVANNI BAG, in the house of COSE BAG, for about 8 hours thereby depriving
said JIOVANNI BAG of her personal liberty.
CONTRARY TO LAW.
APPROVED:
JOSE RIZAL
City Prosecutor
JURAT
235
10. INFORMATION FOR MALVERSATION
versus
SIGMA TECH,
Accused.
x------------------------------------------x
INFORMATION
That on or about April 22, 2013, in Baguio City, Philippines, and within the
jurisdiction of this Honorable Court, the accused SIGMA TECH, being then Senior
Paymaster, Treasurer's Office, Baguio City Hall, and as such is a public officer
accountable for the funds received by him by reason of his said position and charged
with the duty of diligently safeguarding or looking after the funds placed under his
custody, did then and there with great carelessness and unjustifiable negligence, fail
to exercise that duty without counting the money during the individual distribution
and segregation of said funds at the General Cashier's Room, before assuming total
physical control thereof, thereby allowing and permitting an unknown man to take,
steal, misappropriate and embezzle to his personal use and benefit the amount of
ONE HUNDRED THOUSAND (P100,000.00) PESOS, Philippine Currency, from the
said cashier's room, as in fact that unknown person did take, steal, misappropriate,
and embezzle the said amount to the damage and prejudice of the government in the
aforesaid sum.
CONTRARY TO LAW.
JOSE RIZAL
City Prosecutor
236
11. INFORMATION FOR PARRICIDE
versus
LINDT LINDOR,
Accused.
x------------------------------------------x
INFORMATION
That on or about April 21, 2013, in Baguio City, Philippines, and within the
jurisdiction of this Honorable Court, the accused LINDT LINDOR, with intent to kill, did
then and there willfully, unlawfully and feloniously attack, assault and use personal violence
upon one LINDA LINDOR, his legal wife, by then and there shooting her with a 45 cal. pistol,
thereby inflicting upon the latter a gunshot wound of the head and neck which was the direct
and immediate cause of her death thereafter.
CONTRARY TO LAW.
JOSE RIZAL
City Prosecutor
JURAT
237
12. INFORMATION FOR RAPE
versus
XIAOLE PALM,
Accused.
x------------------------------------------x
INFORMATION
That on or about 10 oclock in the evening of April 25, 2013, inside the residence of
the victim at Bryg. Holy Ghost Extension, Baguio City, Philippines, and within the
jurisdiction of this Honorable Court, the accused XIAOLE PALM, who is the brother-in-law
of the victim, by means of force, threat and intimidation, did then and there willfully,
unlawfully and feloniously have carnal knowledge with SUNSHINE ENSAYMADA, against
her will and consent, to the damage and prejudice of said SUNSHINE ENSAYMADA.
CONTRARY TO LAW.
JOSE RIZAL
City Prosecutor
JURAT
238
13. INFORMATION FOR ROBBERY
versus
HOMER SIMPSONS,
BART SIMPSONS and
MARGE SIMPSONS
Accused.
x------------------------------------------x
INFORMATION
That on or about 10 oclock in the evening of April 27, 2013, in Brgy. Imelda Village,
Baguio City, Philippines, and within the jurisdiction of this Honorable Court, the above-
named accused, conspiring, confederating together and mutually helping each other, with
intent to gain and armed with a handgun and deadly/bladed weapons forcibly entered the
inhabited residence of CHARLIE BROWN and while inside, by means of violence and
intimidation using said arms on the latter and the other occupants therein, and without the
consent of their owners did, then and there willfully, unlawfully and feloniously take, and
carry away from said residence the following personal properties belonging to:
and
CONTRARY TO LAW.
239
JUAN DELA CRUZ
Prosecutor II
APPROVED:
JOSE RIZAL
City Prosecutor
JURAT
240
14. INFORMATION FOR SEDUCTION
versus
STEWIE GRIFFIN,
Accused.
x------------------------------------------x
INFORMATION
That on or about and sometime during the months of February to April 2013, in
Baguio City, Philippines, and within the jurisdiction of this Honorable Court, the above-
mentioned accused, a professor, did then and there willfully, unlawfully and feloniously take
advantage and exert influence, relationship and moral ascendancy and induce and/or seduce
his student at NIIT College, complainant, MARGE SIMPSONS, a minor of 17 years old, to
indulge in sexual intercourse and lascivious conduct for several times with him as in fact said
accused has carnal knowledge.
CONTRARY TO LAW.
APPROVED:
JOSE RIZAL
City Prosecutor
JURAT
241
15. INFORMATION FOR VIOLATION OF R.A. No. 9262
versus
DAFFY DUCK
Accused.
x------------------------------------------x
INFORMATION
That on or about April 27, 2013, in Baguio City, Philippines, and within the
jurisdiction of this Honorable Court, the above-named accused willfully, unlawfully and
feloniously, in a purposeful and reckless conduct, sent through the Short Messaging Service
(SMS) using his mobile phone, a pornographic picture to one Irish Sagud, who was his
former girlfriend, whereby the face of the latter was attached to a completely naked body of
another woman making it to appear that it was said Irish Sagud who is depicted in the said
obscene and pornographic picture thereby causing substantial emotional anguish,
psychological distress and humiliation to the said Irish Sagud.
CONTRARY TO LAW.
JOSE RIZAL
City Prosecutor
242