1984 Bar Qs

1. As a Fiscal, draft and information for the crime of theft.

Answer:

(CAPTION)

PEOPLE OF THE PHILIPPINES,

Plaintiff,
-----versus----- CRIMINAL CASE NO.
JOHN DOE FOR: THEFT
(Arrested, Detained at Quezon City Jail)
Accused.

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

INFORMATION

Thu undersigned Assistant City Fiscal accuses John Doe of the crime of Theft, committed as
follows:

That on or about the 5 th day of December, 1983, in Quezon City, Philippines, and within the
jurisdiction of this Honorable Court, the said accused, with intent to gain and without the consent of the
owner thereof, did then and there, willfully, unlawfully and feloniously take, steal and carry away two (2)
boxes of Yeoman Carbon Paper (short), and four (4) boxes of Yeoman Carbon Paper (long) all valued at
P2,432.00, Philippine Currency, from and belonging to X Bookstore, Cubao Branch, in said City, to the
damage and prejudice of the latter in the aforesaid sum.

Contrary to law.

Quezon City, Philippines, November 24, 1984.

A
Assistant City Fiscal

I hereby certify that a preliminary investigation in this case has been conducted by me in
accordance with law; that I have examined the complainant and his witnesses and on the basis of the
sworn statement and other evidence submitted before me, there is reasonable ground to believe that
the offense charged has been committed and that the accused is probably guilty thereof; that the
accused was informed of the complaint, and of the evidence submitted against him and were given an
opportunity to submit controverting evidence.

A
Assistant City Fiscal
SUBSCRIBED AND SWORN to before me this 24 th day of November 1984, in Quezon City,
Philippines.
 Assistant City Fiscal

Witnesses:
1. A 70 Scout Alcaraz St., La Loma Quezon City
2. B c/o SS- 1 QCPS
3. C to bring evidence of this case
AND OTHERS:
BAIL RECOMMENDED: P1,800.00 Property Recovered

2. Draft a complaint for forcible entry in respect of a parcel of land in Quezon City registered
under the Torrens System, indicating the name of the court but without attaching the
necessary affidavits which must only be referred to in the complaint.

Answer:

(CAPTION)

A, ET. AL.,
Plaintiffs
-----versus------ CIVIL CASE NO. ____________
B, ET. AL., FOR: EJECTMENT AND DAMAGES
Defendants
x- - - - - - - - - - - - - - - - - - - - - - - -x

COMPLAINT
1
PLAINTIFFS. Through counsel, allege:
Plaintiffs are all of age, and with residence and postal address at 834 Gen. Solano St., Manila;
2
Defendants are likewise of age, with capacity to sue and be sued, and residing at Bo. Mambugan,
Antipolo, (Rizal) Metro Manila, where they may be served with summons and other processes of this
Honorable Court;
3
Plaintiffs are the owners of two (2) parcels of land located at Mambugan, Antipolo, (Rizal) Metro
Manila, which they acquired in 1966 and now covered by T.C.T. Nos. 1 and 2 issued on 22 February 1966
and 15 June 1966, respectively, and they have been in possession of the same since acquisition;
4
That the parcel of land covered by T.C.T. No. 2 was acquired from the defendant C and her
husband D on 15 June 1966;
5
Immediately after the said sale by defendant C and her husband, the latter requested the
plaintiffs that they be allowed to stay in the property on condition that they will immediately vacate
upon plaintiffs demand, and to which request the plaintiffs acceded;
6
Defendant C and her children defendants E and F are still in plaintiffs property, despite plaintiffs
notice for them to vacate;
7
 Sometime in September 1980, defendants B, G, H, and I, by means of strategy and stealth,
unlawfully entered plaintiffs parcels of land, and since that day, the same defendant refused have
remained in the legal possession of the property, and up to the present, still retain such possession
thereof;
8
Despite demand, and a written notice in advance, copy of which is hereto attached as Annex A
and made an integral part of this complaint, defendants refused and still refuse to vacate the property;
9
The reasonable rental value of the property occupied by the defendants is P500.00 a month;
10
Defendants acted and continue to act in a gross and evident bad faith in refusing to satisfy
plaintiffs plainly valid, just and demandable claim for them to vacate the premises, which compelled the
plaintiffs to engage the services of counsel for the protection of their interest and for which they should
be held liable to pay attorneys fees in such amount will be proved during trial;
and
11
Defendants acted and continue to act in wanton, fraudulent, reckless, oppressive and/ or
malevolent manner, and for which they must be held liable to pay exemplary or corrective damages in
such amount as may reasonably assessed by this Honorable Court.

WHEREFORE, plaintiffs pray that the judgment be rendered:

1) ordering the defendants or anyone acting in their stead to vacate the premises and return
possession thereof to plaintiffs;
2) ordering the defendants, jointly and severally to pay:
a. monthly rentals at the rate of P500.00 effective September 1980 until they finally vacate
the premises;
b. attorneys fees in such amount as will be proved during the trial;
c. exemplary or corrective damages the determination of which is submitted to the sound
discretion of this Honorable Court; and
Plaintiffs further pray for such other relief as may be found just and equitable in the premises.
Manila for Antipolo, Metro Manila, 10 November 1981.

ATTY. X
Counsel for the Plaintiffs
Address

VERIFICATION

I, MR. A, after being duly sworn in accordance with law, depose and say:
1. I am one of the plaintiffs in the above-entitled case;
2. I have caused the preparation of, and have read, the foregoing Complaint; and
3. That all the allegations contained therein are true and correct to my own knowledge.

MR.A
Affiant
 SUBSCRIBED AND SWORN to before me at the City of Manila, Philippines, this. Day of
November, 1981, affiant exhibiting to me Res. Cert. No. issued at .. on

NOTARY PUBLIC

Doc. No. _____

Page No. _____
Book No. _____
Series of 1981.

3.In a complaint for the delivery of a parcel of land, the plaintiff, A, alleged that the defendant, B, sold
a parcel of land to him but after receiving the price agreed upon, and for no reason whatsoever, B,
refused to deliver the land to him. The complaint also alleged that the contract is evidenced by a deed
of sale, duly signed by B, a copy of which was attached to the complaint and made an integral part
thereof. Prepare the answer (heading excluded) in which the defendant raises in issue the genuineness
and due execution.

Answer:

(CAPTION)
ANSWE WITH COMPULSORY COUNTERCLAIM

Defendant through counsel, in answer to the Complaint, respectfully:

1
Admits the allegations of paragraphs 1 and 2;
2
Denies that he signed the Deed of Sale, Annex A of the Complaint, the same being a forgery;
3
Denies specifically under the oath the genuineness and due execution of the Deed of Sale
attached as Annex A to the complaint;
(Other admission, denials, allegations)

Counterclaim
Prayer
Place, date, signature

VERIFICATION
I, X, of legal age, after being duly sworn, depose and say:
1. I am the defendant in the above-entitled case;
2. I have caused the preparation of all the foregoing answer;
3. All the allegations contained therein are true and correct to my own knowledge.

X
Affiant
SUBSCRIBED AND SWORN to before me at the City of Manila, Philippines, this day of
November 1984, affiant exhibiting to me his Res. Cert. No. 12345 issued at Manila on ___ November
1984.
 NOTARY PUBLIC
Until 31 December 1984
P. T. R. No.
issued at
on

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 1984.
Proof of Service

4. Draft a simple deed of sale of a piece of registered land.

Answer:

DEED OF SALE
KNOW ALL MEN BY THESE PRESENTS:

I, JOHN DOE, Filipino, of legal age, single and with residence and postal address
at . . . . . . . . . . . . . . . , freely and voluntary state:

1. I am registered owner of a parcel of land covered by T.C.T. No. 1 of the Registry of Deeds
Province of Y, and which is more particularly described as follows:
(copy description)
2. For all in consideration of the sum of One Hundred Thousand (P100,000.00) Pesos, Philippines
currency, receipt of which is hereby acknowledged, I hereby Sell Transfer and Convey the parcel
of land covered by T.C.T. No. 1 of the Registry of Deeds of the Province of Y to Juan Cruz, Filipino,
of legal age, single his heirs, successors and assigns, with all the warranties provided by law; and
3. I bind myself to submit Juan Cruz the tax clearance certificate on capital gains, within one (1)
week from the execution of this Deed of Sale.
In witness whereof, I have signed these presents at the City of Manila, Philippines, this . . . . . .
day of November 1984.

JOHN DOE
Seller
TAN
Signed in the Presence of:

....................... ......................
5.Prepare the requisites acknowledgement for the deed of sale in the preceding item.

Answer:

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )

CITY OF MANILA ) S.S.

BEFORE ME, a Notary Public for and in the City of Manila, Philippines, personally appeared:

JOHN DOE, with Res. Cert. No. 12345 issued at Manila on 30 January 1984; known to me to be
the same person who executed the foregoing DEED OF SALE and he acknowledged to me that the same
is his free and voluntary act and deed.

I FURTHER CERTIFY that this document consists of three (3) pages on which the
acknowledgement is written, signed by the party and his instrumental witnesses on all pages thereof and
that it refers to the sale of a parcel of land located in the Municipality of Antipolo, Province of Rizal,
Philippines.
WITNESS MY HAND AND SEAL on this . . . . . . day of November 1984 at the City of Manila,
Philippines.

NOTARY PUBLIC
Until 31 December 1984
P.T.R. No.
issued at
on

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of _____.