LegForms - 071718

Answer with Specific Denial
REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT
LEGASPI CITY, ALBAY
POTTER, Harry CIVIL Case No: 1016

Plaintiff, For: Unlawful Detainer
-versus-
GRANGER, Hermione
Defendant,
x------------------------------------------x
ANSWER
(In Re: Complaint, Received on June, 2018)
NOW COMES the defendant in the above entitled case, and to this
Honorable Court most respectfully alleges:
1. Defendant admits the averment in paragraph 1, 2, and 3
of the complaint;
2. Defendant specifically denies the allegation in paragraph
5 of the complaint, the truth being that defendant has
been performing his obligation from February 1, 2015 up
to February 1, 2016.
3. Defendant has no knowledge or information to form a
belief as to the truth of the averment in paragraphs 5 of
the complaint;
THAT Defendant specifically denies under oath the genuiness and due
execution of the Contract of Lease, a copy of which is attached to
Plaintiff’s complaint as “Annex A”, the truth being that his signature
thereon is forged and that he did not in fact sign the said instrument
WHEREFORE, it is respectfully prayed that the complaint be

dismissed.
Other equitable reliefs are likewise prayed for.
Legaspi City, July 17, 2018.
Atty. Francis C. Diaz

Counsel for the Defendant
#0143 Burgundy Tower,
Ayala Ave., Makati City
1
VERIFICATION and CERTIFICATION AGAINST FORUM SHOPPING
I, Hermione GRANGER, of legal age, single, Filipino, and with postal

address c/o Barangay Mainit, Legaspi City, under oath, depose:
1. I am the defendant in the foregoing case; that I caused the
preparation of the foregoing Answer;
2. I have read its contents; and
3. The same are true and correct of my own direct, personal
knowledge.
Further, pursuant to Rule 7 of the 1997 Rules of Civil Procedure and

existing Supreme Court circulars, I hereby certify that I have not
heretofore commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency; that to the best of my knowledge, no such action or
proceeding is pending in the Supreme Court, the Court of Appeals, or
any other tribunal or agency; and that if I should hereafter learn that
other similar or related actions or proceedings has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other
tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this court.
Legaspi City, July 2018.
Hermione Granger
Defendant
SSS ID No: 109424
SUBSCRIBED and sworn to before me in Legaspi City on July 17,

2018, the defendant showing his SSS Member ID Card as stated
above as competent proof of his identity.
Atty. Ronald Weasley

Notary Public
Doc. No.: 08
Page No.: 08
Book No.: 08
Series of 2018
2
Answer with Cross Claim

LEGASPI CITY, ALBAY

-versus-
GRANGER, Hermione
Defendant,
x------------------------------------------x
ANSWER
of the complaint;
the complaint;
By way of counterclaim, defendant alleges:

1. That by virtue of this unwarranted and malicious act
initiated by the plaintiff, defendant was forced to engage
counsel in the sum of P10,000.00.
WHEREFORE, it is respectfully prayed that the complaint be dismissed

and defendant be awarded the amount of P5,000.00.

1

knowledge.

Hermione Granger
Defendant
SSS ID No: 109424


Notary Public
Doc. No.: 08
Page No.: 08
Book No.: 08
Series of 2018
2
Answer with Affirmative and Negative Denial

LEGASPI CITY, ALBAY

-versus-
GRANGER, Hermione
Defendant,
x------------------------------------------x
ANSWER
of the complaint;
the complaint;
By way of affirmative and negative defenses, defendant avers:

1. That the obligation has been paid;
2. That the defendant had lease said house and lot from
plaintiff and paid said monthly obligation;
3. That there is no cause of action against the defendant.
WHEREFORE, it is respectfully prayed that the complaint be

dismissed.

1


knowledge.

Hermione Granger
Defendant
SSS ID No: 109424


Notary Public
Doc. No.: 08
Page No.: 08
Book No.: 08
Series of 2018
2
Petition for Injunction with Affidavit of Injunction

SUPREME COURT
MANILA, NCR
POTTER, Harry G.R. No: 101678

Petitioner,
-versus-
GRANGER, Hermione
Respondent,
x------------------------------------------x
PETITION
NOW COMES the Petitioner, in the above-entitled case, unto the

Honorable Supreme Court, most respectfully avers THAT:
1. Petitioner is of legal age, Filipino citizen, single, and a
resident of Hogwarts st., Alabang, Muntinlupa City. And
that Respondent is also of legal age, Filipino citizen, single,
a resident of Muggle st., Alabang, Muntinlupa City.
2. On 20 March 2015, petitioner received a copy of a Notice
to Vacate issued by the Office of the Clerk of Court and Ex-
Officio Sheriff of Muntinlupa City based on the Writ of
Execution dated 27 January 2012 issued by the Hon. Albus
Dumbledore, Housing and Land Use Arbiter of the HLURB
Expanded National Capital Region Office. Said notice is
giving herein petitioner ten (10) days to voluntarily vacate
and peacefully turn-over/surrender possession of our
respective occupied premises embraced and described in
TCT NO. PT 121274 to respondent.
3. This petition is an offshoot of a complaint filed by the
Respondent on 24 January 2007 seeking judicial
confirmation of herein petitioner from membership to
respondent association and from enjoyment of the
premises they are now occupying by means of eviction.
4. Petitioners, being not fully lettered with the intricacies and
technicalities of the law, gave so much trust and confidence
to their former counsel. The case treaded various courses
without petitioners knowing the possible outcomes but
resulted into gaining unfavorable judgment.
5. Petitioners can no longer afford to engage the services of a
counsel and they submitted for consideration of the Most
Honorable Court that they are litigating the instant case by
themselves. Again, herein petitioner most respectfully
submit to the Most Honorable Court to consider that the
1
absence of a counsel on record should not affect their
assertion of enforcing they legal rights
6. There is no appeal or any plain and speedy remedy in the
ordinary course of law that could resolve this very important
matter. Except, to beseech the Most Honorable Court to
use its expansive powers to review cases and
controversies, including the duty to settle actual
controversies involving rights which are legally demandable
and enforceable, and to determine whether or not there has
been a grave abuse of discretion amounting to lack or in
excess of jurisdiction on the part of any branch or
instrumentality of the government.
7. The instant petition involves petitioners who questioned the
manner respondents ignored requirements laid down by
law and established jurisprudence, which would result in
the unfair administration of justice.
8. The heart-breaking result of the present controversy
emanated from the gross negligence of the petitioners’
counsel applying the doctrine “negligence of the counsel is
negligence of the client.” However, herein petitioners
believe that their present plight is an exception to the
doctrine. The Most Honorable Court, in the long line of
cases decided admitted exceptions to the general rule
when: (1) the client is deprived of due process, (2) the
application of the general rule will result in outright
deprivation of client’s liberty or property, and (3) where the
interest of justice so requires, and accord relief to client
who suffered by reason of lawyers gross negligence.
WHEREFORE, premises considered, Petitioner most respectfully

prays of the Most Honorable Court the following
1. That this Petition be given due course;
2. That a Preliminary Mandatory Injunction and/or Temporary
Restraining Order be issued pending resolution of the
instant petition;
3. That after notice and hearing, a final order be issued:
SETTING ASIDE AND OVERRULING HLURB ENCRFO
21 January 2010 Decision and to forestall 27 January 2012
Writ of Execution.
Other reliefs and remedies, which are just and equitable, are likewise
prayed for.
Muntinlupa City; 26 March 2015
Harry Potter
Petitioner
2
VERIFICATION and DECLARATION OF NON- FORUM SHOPPING
I, Harry Potter, Filipino and of legal age, and presently residing in

Hogwarts st., Alabang, Muntinlupa City, after having been duly sworn
on oath, hereby deposes and states THAT:
1. I am the Petitioner in the above-entitled petition;
2. I caused the preparation and filing of the above Petition for
for the Issuance of Preliminary Mandatory Injunction and all
the allegations thereon were read by us and we found them
to be true and correct of my personal knowledge and based
on authentic records;
3. Further, pursuant to Rule 7 of the 1997 Rules of Civil
Procedure and existing Supreme Court circulars, I hereby
certify that I have not heretofore commenced any other
action or proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or any other tribunal
or agency; that to the best of my knowledge, no such action
or proceeding is pending in the Supreme Court, the Court of
Appeals, or any other tribunal or agency; and that if I should
hereafter learn that other similar or related actions or
proceedings has been filed or is pending before the
Supreme Court, the Court of Appeals, or any other tribunal
or agency, I undertake to report that fact within five (5) days
Muntinlupa City, July 2015.
Harry Potter
Petitioner
SSS ID No: 109424
3
AFFIDAVIT OF INJUNCTION
Harry Potter, of legal age and resident of the City of Muntinlupa,

Philippines, after having been duly sworn in accordance with law,
hereby deposes and says:
That he is the Petitioner in the above entitled case and is entitled to the
relief demanded in the complaint in whole or in part and such other
relief consists in restraining the commission or continuance of the acts
complained of either for a limited period or perpetually;
That the commission or continuance of the acts complained of during

the litigation will work injury to herein plaintiff and that the defendant is
doing, threatens, or is about to do, or is procuring or suffering to be
done the acts tending to render the judgment ineffectual;
And that he is willing and ready to file a bond in the amount which may
be fixed by the Court to the effect that he, the petitioner, will pay
the defendant all the damages which the latter may sustain by reason
of the injunction if the court should finally decide that the plaintiff was
not entitled thereto.
Harry Potter
Petitioner
SUBSCRIBED and sworn to before me in Muntinlupa City on July 17,


Notary Public
Doc. No.: 08
Page No.: 08
Book No.: 08
Series of 2018
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Petition of Habeas Corpus

REGIONAL TRIAL COURT
CITY OF MANILA
GRANGER, Hermione S.P. No: 101678

Petitioner,
-versus-
POTTER, Harry
Respondent,
x------------------------------------------x
PETITION
NOW COMES the Petitioner, BY THEMSELVES, in the above-entitled

case, unto this Court, most respectfully avers THAT:
1. Petitioner is of legal age, Filipino citizen, single, and a
resident of Hogwarts st., Alabang, Muntinlupa City. And
that Respondent is also of legal age, Filipino citizen, single,
a resident of Muggle st., Alabang, Muntinlupa City.
2. Petitioner is the mother of the minors Albus and Severus
Potter, who were born out of the valid marriage between
petitioner and respondent.
3. The marriage failed and petitioner has been living
separately from respondent since 2004. Sometime in
February 2016, respondent, unknown to petitioner,
abducted the minor children and has kept them
incommunicado and out petitioners reach.
4. Being below seven (7) years of age, custody of the minors
is naturally presumed to belong to petitioner, as their
mother. Consequently, respondent’s refusal to allow
petitioner to regain custody over the minors is unlawful.
WHEREFORE, petitioner respectfully prays that a writ of habeas

corpus be issued directing respondent to make a return showing his
legal authority to detain the children, and thereafter, present the
children personally before the Court on a date and time it chooses.
Muntinlupa City; July 2018

Counsel for Petitioner
1

1. I am the petitioner in the foregoing case; that I caused the
preparation of the foregoing Petition;
knowledge.

Hermione Granger
Petitioner
SSS ID No: 109424


Notary Public
Doc. No.: 08
Page No.: 08
Book No.: 08
Series of 2018
2
Real Estate Mortgage
Republic of the Philippines )

Muntinlupa City ) s.s
REAL ESTATE MORTGAGE
KNOW ALL MEN BY THESE PRESENTS:
This Real Estate Mortgage made and executed by and between:

Harry Potter, of legal age, Filipino, single, with residence at
Hogwarts st., Alabang, Muntinlupa City and hereinafter referred
to as the “MORTGAGOR”,
-and-
Hermione Granger of legal age, Filipino, single, with residence at

Muggle st., Alabang, Muntinlupa City and hereinafter referred to
as the “MORTGAGEE”.
WITNESSETH: That –
WHEREAS, the MORTGAGOR is the absolute and registered owner of

a parcel of land situated at Brgy. Hosmead, Munintlupa City covered
by Transfer Certificate of Title No. 109424 of the Registry of Deeds;
WHEREAS, the MORTGAGOR is indebted to the MORTGAGEE in the

principal sum of five hundred thousand (Php 500,000.00) Philippine
currency;
WHEREAS, the MORTGAGOR has agreed to secure the payment of

the Note to the MORTGAGEE by means of a good and valid mortgage
upon the property herein described below;
NOW, THEREFORE, for and in consideration of the foregoing

premises and as security for payment of the aforesaid obligation, the
MORTGAGOR has transferred and conveyed, and by these presents
transfer and convey by way of MORTGAGE, unto the MORTGAGEE,
his/her heirs, successors or assigns the aforesaid parcel of land
[with/without improvements] situated at Brgy. Hosmead, Munintlupa
City, and more particularly described as follows:
Transfer Certificate of Title No. 109424
A PARCEL OF LAND (Lot 32 of the consolidation-subdivision

plan (LRC) Pcs-5141, being a portion of the consolidation of Lots
1
1 and 2, Psu-112287 Amd., LRC (GLRO) Rec. No. N-17511),
situated in the Dist. Of Alabang, City of Muntinlupa, Metro
Manila, Island of Luzon.
Bounded on the NE., points 3 to 6, by Lot 85; on the S., points 6

to 1 by Lot 30; on the SW., points 1 to 2, by Lot 31; and on the
N., points 2 to 3 by Lot 35, all of the consolidation-subdivision
plan. Beginning at a point marked "1" on plan, being N. 51 deg.
36' E., 1321.76 m. from B.L.L.M. No.1, Muntinlupa, Metro
Manila.
It is agreed and understood that if at any time the MORTGAGOR shall

fail or refuse to pay the obligations herein secured, or default in any
installment(s) and/or amortization(s) of such indebtedness or the
principal obligation when due, or to comply with any of the conditions
and stipulations herein agreed or in the separate instruments
evidencing the obligations hereby secured or shall, during the time this
mortgage is in force, institute insolvency, suspension of payment or
similar proceedings, or be involuntary declared insolvent or writ of
garnishment and/or attachment be issued against any of the assets or
income of the MORTGAGOR or if this mortgage cannot be recorded in
the Registry of Deeds, then all the obligations of the MORTGAGOR
secured by this Mortgage shall immediately become due and payable
and defaulted and the MORTGAGEE may immediately foreclose this
mortgage judicially, or extra-judicially pursuant to Act No. 3135, as
amended.
The MORTGAGEE is hereby appointed attorney-in-fact of the

MORTGAGOR, with full power and authority to take actual possession
of the mortgaged property at once, and to forthwith foreclose this
mortgage judicially, or to sell the above-described properties extra-
judicially in accordance with Act No. 3135, as amended, and to take
such other action(s) as he may be deem necessary to recover the
amount due; and in the event of such judicial or estra-judicial
foreclosure or other legal action, the MORTGAGEE shall be entitled to
compensation for expenses, attorney’s fees and costs of collection,
which is stipulated to be twenty five percent (25%) of the indebtedness
then unpaid but not less than Php50,000.00.
The condition of this mortgage is such that if the MORTGAGOR shall

well and truly pay or cause to be paid to the MORTGAGEE the
obligation in the principal sum with accrued interest, according to the
terms and tenor hereof, then this mortgage shall thereby fully
discharged and without further effect; OTHERWISE, it shall remain in
full force and effect and shall be enforceable in the manner provided by
law.
2
IN WITNESS WHEREOF, the parties have caused these presents to
be signed on July, 2018 at San Beda College Alabang.
Harry Potter Hermione Granger

Mortgagor Mortgagee
SIGNED IN THE PRESENCE OF:
Ronald Weasly Cho Chang

Witness Witness
ACKNOWLEDGMENT

2018, the mortgagor showing his SSS Member ID Card No: 4333259
and mortgagee showing his Driver Lisence ID Card No: 301059 as as
competent proof of identity.
Atty. Francis Diaz

Notary Public
Doc. No.: 08
Page No.: 08
Book No.: 08
Series of 2018
3
Deed of Sale under Pacto de Retro

DEED OF SALE WITH PACTO DE RETRO
This deed of sale made and executed by and between: Harry

Potter, of legal age, Filipino, single, with residence at Hogwarts
st., Alabang, Muntinlupa City and hereinafter referred to as the
“VENDOR”,
-and-

as the “VENDEE”.
WHEREAS, the VENDOR is the absolute and registered owner of a

parcel of land situated at Brgy. Hogsmead, Muntinlupa City and more
particularly described as follows:
TRANSFER CERTIFICATE OF TITLE NO. 109424


Manila.
THAT the SELLER, for and in consideration of the amount of FIVE

HUNDREDTHOUSAND PESOS (P500,000.00), Philippine Currency,
receipt in full is hereby acknowledged by her to her satisfaction,
hereby SELL, TRANSFER and CONVEY under PACTO DE RETRO
unto said BUYER, his heirs and assigns, the above described property
1
with all the buildings and improvement thereon, free from liens and
encumbrances whatsoever;
THAT the SELLER, in executing this conveyance, hereby reserves the

right to REPURCHASE, and the BUYER, in accepting the same,
hereby obligates himself to RESELL the property herein conveyed
within a period of five (5) years from and after the date of this
instrument for the same price of FIVE HUNDRED THOUSAND PESOS
(P500,000.00), Philippine Currency: Provided however, that if the
SELLER fails to exercise her right to repurchase as herein granted
within the period stipulated, then this conveyance shall become
absolute and irrevocable, without the necessity of drawing up a new
deed of absolute sale, subject to the requirements of the law
regarding consolidation of ownership of real property.
IN WITNESS WHEREOF, the parties have hereunto set

their hands this 16th day of June 2013 in Manila, Philippines.

Vendor Vendee
ACKNOWLEDGMENT

Atty. Francis Diaz

Notary Public
Doc. No.: 08
Page No.: 08
Book No.: 08
Series of 2018
2
Deed of Sale

DEED OF SALE

“VENDOR”,
-and-


parcel of land situated at Hogsmeade st., Alabang, Muntinlupa City and
more particularly described as follows:


Manila.

hereby SELL, TRANSFER and CONVEY unto said BUYER, his heirs
and assigns, the above described property with all the buildings
1
and improvement thereon, free from liens and encumbrances
whatsoever;


Vendor Vendee
ACKNOWLEDGMENT

Atty. Francis Diaz

Notary Public
Doc. No.: 08
Page No.: 08
Book No.: 08
Series of 2018
2
Contract of Sale of Real Property

CONTRACT OF SALE
This contract of sale made and executed by and between: Harry

“VENDOR”,
-and-


parcel of land situated at Hogsmeade st., Alabang, Muntinlupa City and
more particularly described as follows:


Manila.

hereby SELL, TRANSFER and CONVEY unto said BUYER, his heirs
and assigns, the above described property with all the buildings
1
and improvement thereon, free from liens and encumbrances
whatsoever;


Vendor Vendee
ACKNOWLEDGMENT

and mortgagee showing his Driver License ID Card No: 301059 as
Atty. Francis Diaz

Notary Public
Doc. No.: 08
Page No.: 08
Book No.: 08
Series of 2018
2
Contract of Sale of Personal Property

CONTRACT OF SALE

“VENDOR”,
-and-

That for and in consideration of the sum of ONE HUNDRED EIGHTY

THOUSAND PESOS ONLY(Php 180,000.00) Philippine Currency, in
hand this date received by the VENDOR from the VENDEE to the
former’s full satisfaction and benefit, the VENDOR hereby SELLS,
TRANSFERS and CONVEYS, in a manner absolute and irrevocable
unto said VENDEE, her successors and assigns, that certain motor
vehicle particularly described as follows:
MAKE/TYPE : KIA SPORTAGE WAGON

CHASSIS NO : KNAJA5565XA804452
ENGINE NO : RT-634340
PLATE NO : MFP-239
COLOR : BLUE/SILVER
Of which said VENDOR, is the absolute owner as a warranty thereof,

covenants that she has a perfect right to sell and transfer said motor
vehicle and that she will defend the same against lawful claims from all
persons whomsoever.


Vendor Vendee
1
ACKNOWLEDGMENT

Atty. Francis Diaz

Notary Public
Doc. No.: 08
Page No.: 08
Book No.: 08
Series of 2018
2
Motion to Quash

NATIONAL CAPITAL JUDICIAL REGION
CITY OF MANILA
PEOPLE of the Philippines Criminal Case No: 101678

Plaintiff, For: Theft
-versus-
POTTER, Harry
Accused,
x------------------------------------------x
MOTION TO QUASH
Accused Harry Potter, by counsel, respectfully moves for the quashal

of the Information dated 20 August 2010 issued by Assistant City
Prosecutor Ronald Weasley on the following ground:
The court did not acquire jurisdiction over the person of the accused as
the arrest was illegal.
1. In the present case, the prosecution asserts that the

warrantless arrest of the accused Harry Potter was the result of
a validly conducted buy-bust operation. They likewise claim that
the arrest was performed after the accused had been duly
informed of his constitutional rights.
2. Contrary to the claim of the apprehending police officers that
the warrantless arrest was the result of a valid buy-bust
operation, no actual buy-bust operation did in fact take place.
As stated by the accused in his Counter-Affidavit, members of
the Philippine Drug Enforcement Agency (PDEA) broke into his
house by breaking open the padlock of his garage gate.
Without introducing themselves as PDEA officers or presenting
any warrant, 12-15 operatives of the PDEA armed with high-
powered firearms then stormed his home confiscating money,
cellular phones and other valuables from the persons of the
accused and his visitors. The PDEA members then proceeded
to haul off various items from within the home of the accused.
3. The accused then recounts that the PDEA operatives then
escorted him to a Red Toyota Revo, which then brought them
to Camp Halfblood. The accused were not informed of their
rights upon their arrest, as well as what offense they were being
charged with.
1
4. The right of the people to be secure against unreasonable
searches and seizures is an inviolable right protected by the
Constitution. As such no person may be validly arrested without
the benefit of a warrant of arrest, except in the specific
instances provided by law. Any warrantless arrest done outside
the specific instances provided by law are thus deemed to be
contrary to law and illegal.
5. Thus considering that the only means, by which the court
acquires jurisdiction over the person of an accused is either by
his/her arrest or voluntary appearance, the effect of an illegal
arrest absent the voluntary appearance of the accused is that
the court does not acquire jurisdiction over his/her person.
There is no recourse left other than to quash the present information,

as the court has not acquired jurisdiction over the person of the
accused.
WHEREFORE, considering the manifest illegality of the arrest of the

accused Harry Potter on 20 July 2010 and the consequent absence of
jurisdiction by the court over the person of the accused, it is
respectfully prayed that the Information for Violation of Section 5 of
Republic Act No. 9165, otherwise known as “The Comprehensive
Dangerous Drugs Act of 2002”, issued by Assistant City Prosecutor
Ronald Weasley on 20 August 2010 against the accused be quashed.
Other just and equitable reliefs are likewise prayed for.
City of Manila for Quezon City, 17 September 2010.
Atty. Francis Diaz

Counsel for Accused
#1094 Burgundy Tower
NOTICE OF HEARING
Greetings!
Please take notice that the foregoing Motion will be submitted for the
Court’s consideration and resolution on 24 September 2010 at 8:30
a.m. or as soon thereafter as matter and counsel may be heard.
Atty. Francis Diaz

Counsel for Accused
2
Motion for Execution of Judgement

CITY OF MANILA
POTTER, Harry Civil Case No: 101678

-versus-
GRANGER, Hermione
Accused,
x------------------------------------------x
MOTION FOR EXECUTION OF JUDGEMENT
COMES NOW Plaintiff, through counsel and unto this Honorable Court
most respectfully submits this Motion for Execution of Judgement and
in amplification thereof most respectfully aver:
1. That this is a case Unlawful Detainer with Prayer for Preliminary
Mandatory Injunction, filed by plaintiff with this Honorable Court
wherein Judgment DATED December 1, 2010, was made in
favor of plaintiff, the dispositive portion of which provides:
“WHEREFORE, Judgment is hereby rendered in favor of

plaintiff ordering defendant Hermione Granger, his heirs,
assigns, successors-in-interest, guests or any occupants on
the subject premises with the permission of defendant to
immediately vacate the property subject hereof covered by
TCT No. T-25801 and turn-over possession of the same
plaintiff.
Defendant is further ordered to (a) pay plaintiff the

reasonable monthly compensation of P5,000.00 starting
December 1, 2007 until defendant shall have actually
vacated the same (b) pay attorney’s fees of P10,000.00, and
(c) costs of suit.
SO ORDERED.”
2. That the reglementary period to file an appeal or other post-

judgment remedies has already lapsed, thereby rendering
judgment final and executory. Hence, it is proper and prayed
that a writ of execution be issued by this Honorable Court to
protect the interest of the plaintiff and prevent unfairness and
unjust enrichment on defendant’s part.
1
WHEREFORE, premises considered, it is most respectfully prayed
unto this Honorable Court that a Writ of Execution be issued directing
the defendants:tovacate the property subject hereof covered by TCT
No. T-25801 and turn-over possession of the same plaintiff; to pay
plaintiff the reasonable monthly compensation of P5,000.00 starting
December 1, 2007 until defendant shall have actually vacated the
same; and to pay attorney’s fees of P10,000.00, and costs of suit.
OTHER RELIEFS just and equitable are likewise prayed for.
December 18, 2014, Cagayan de Oro City.
Atty. Francis Diaz

Counsel for Accused
NOTICE OF HEARING
Greetings!
Please take notice that the undersigned counsel submits the foregoing
motion for the consideration and approval of this Honorable Court on
January16, 2015 at 8:30 o’clock in the morning. Thank you.
Atty. Francis Diaz

Counsel for Accused
2
Motion for Judgement on the Pleadings

CITY OF MANILA
POTTER, Harry Civil Case No: 101678

Plaintiff, For: Collection of Money
-versus-
GRANGER, Hermione
Defendant,
x------------------------------------------x
MOTION FOR JUDGEMENT ON THE PLEADINGS
Plaintiff, by counsel, respectfully alleges that:

1. On May 5, 2013, plaintiff sued defendant for a sum of money in
the amount of Two Hundred Thousand Pesos (P200,000.00);
2. In his Answer, defendant admitted the obligation and merely
stated that he was asking to be given an extension of time to
pay his obligation but that plaintiff instead filed the Complaint;
3. Said Answer has not tendered any issue and in fact it can be
read therefrom that defendant admitted the obligation,
consequently, a judgment on the pleadings may be rendered.
WHEREFORE, it is respectfully prayed that this Honorable Court

render a judgment on the pleadings.
City of Manila for Quezon City, 17 September 2010.
Atty. Francis Diaz

Counsel for Accused
1
NOTICE OF HEARING
Greetings!
Atty. Francis Diaz

Counsel for Accused
2
Motion for Judgement on the Pleadings

CITY OF MANILA
PEOPLE of the Philippines Criminal Case No: 00-10899

Plaintiff, For: Theft
-versus-
POTTER, Harry
Accused,
x------------------------------------------x
MOTION FOR JUDGEMENT ON THE PLEADINGS
COMES NOW, the undersigned Private Prosecutor, under the direct

control and supervision of the Public Prosecutor and unto this
Honorable Court, most respectfully states:
1. As a member of the legal profession, the undersigned Private
Prosecutor is aware of the careful deliberation involved in the
disposition of cases by the courts, mindful that they are duty-
bound, above all else, to uphold the interests of justice. And it is
by traversing a shaky tightrope of competing rights and
interests that they must do so.
2. Considering that it has already been more than 15 long years
since the Information against the accused was filed on 27 June
2000, the private complainants, despite protestations from the
Private Prosecutor, cannot help but perceive that this
Honorable Court has proven to be unduly prone to
accommodate the myriad dilatory maneuvers of the counsel for
the Accused.
3. For the foregoing reasons and to restore the private
complainants’ faith and confidence in the courts, the
undersigned respectfully and with the heaviest of hearts moves
that the Honorable Presiding Judge voluntarily inhibit himself
from further trying this case based on the second paragraph of
Section 1, Rule 137 of the Rules of Court, which provides:
“Section 1. Disqualification of judges. — No judge or judicial
officer shall sit in any case in which he, or his wife or child, is
pecuniarily interested as heir, legatee, creditor or otherwise,
or in which he is related to either party within the sixth
degree of consanguinity or affinity, or to counsel within the
fourth degree, computed according to the rules of the civil
law, or in which he has been executor, administrator,
guardian, trustee or counsel, or in which he has been
1
presided in any inferior court when his ruling or decision is
the subject of review, without the written consent of all
parties in interest, signed by them and entered upon the
record.
A judge may, in the exercise of his sound discretion,

disqualify himself from sitting in a case, for just or valid
reasons other than those mentioned above.”
WHEREFORE, premises considered, the Private Prosecutor

respectfully prays that an Order be issued granting this motion for the
Honorable Presiding Judge, Draco Malfoy, to voluntarily inhibit himself
from further trying Criminal Case No. 00-10899, titled People of the
Philippines vs. Harry Potter and causing the re-raffling of the said case
to another branch of the Honorable Court.
RESPECTFULLY SUBMITTED.
Quezon City, 24 September 2015
Atty. Francis Diaz

Counsel for Accused
NOTICE OF HEARING
Greetings!
Atty. Francis Diaz

Private Prosecutor
2
Donation Inter Vivos

DEED OF DONATION
That I, Harry Potter, of legal age, single with postal address at

Hogwarts st., Alabang, Muntinlupa City, hereinafter referred to as the
DONOR, and Hermione Granger, likewise of legal age, single with
postal address at Muggle st., Alabang, Muntinlupa City hereinafter
called the DONEE, witnesseth:
That the DONOR is the registered owner of a parcel of land, more



Manila.
That the DONEE is a cousin of the DONOR, who has lovingly

dedicated five (5) years of his life as the latter's personal caregiver and
companion;
That FOR AND IN CONSIDERATION of the DONEE'S

trust, devotion and affection shown to the DONOR, and as an act of
gratitude and liberality on his part, the DONOR hereby voluntarily
GIVES, TRANSFERS, and CONVEYS by way of donation, unto the
said DONEE, his heirs and assigns, the above described property,
together with all the improvements found thereon, freefrom all liens
and encumbrances;
1
That the DONOR affirms that this donation is not made with intent
to deceive his creditors, and that he has reserved for himself sufficient
funds and property;
That the DONEE hereby accepts and receives this donation made in
his favor by the DONOR, and hereby manifests his gratefulness for the
latter's generosity.
IN WITNESS WHEREOF, both the DONOR & DONEE have hereunder

subscribed their names this 1st day of July 2018 at Muntinlupa City
Philippines.

Vendor Vendee
WITNESSES
Ronald Weasley Luna Lovegood
ACKNOWLEDGMENT

Atty. Francis Diaz

Notary Public
Doc. No.: 08
Page No.: 08
Book No.: 08
Series of 2018
2
Donation Mortis Causa

DONATION MORTIS CAUSA
That I, Harry Potter, of legal age, married to Ginny Weasley, with

postal address at Hogwarts st., Alabang, Muntinlupa City, hereinafter
referred to as the DONOR, and Hermione Granger, likewise of legal
age, single with postal address at Muggle st., Alabang, Muntinlupa City
hereinafter called the DONEE, witnesseth:
That the DONOR is the registered owner of a parcel of land, more



36' E., 1321.76 m. from B.L.L.M. No.1, Muntinlupa, Metro Manila.
NOW THEREFORE, for and in consideration of the love and affection

the DONOR has for the DONEE, the DONOR does hereby
TRANSFER, GIVE and CONVEY unto the DONEE, his heirs, assigns
and successors-in-interest, the above-described parcel of land, to take
effect upon the DONOR'S demise, subject to the following conditions:
1. That should Ginny Weasley, the spouse of the DONOR, survive
him, the usufructuary rights over the above-described parcel of
land shall pertain to her during her lifetime;
2. That the DONEE shall not dispose of, or in any manner,
encumber, the properties herein donated during the lifetime of
the said usufructuary;
3. That the DONEE hereby accepts and receives this donation
made in his favor by the DONOR, and hereby manifests his
gratefulness for the latter's generosity and liberality;
1
4. That further, the DONOR hereby reserves unto himself the right
to possess and sell the above-described property, as true
owner thereof, before his death, without need of prior consent
or approval by the DONEE.
IN WITNESS WHEREOF, we have hereunto set our hands, this July

2018 at Muntinlupa City, Philippines.

Donor Donee
ATTESTATION CLAUSE
WE, the undersigned witnesses hereby attest and certify:
That the foregoing DONATION MORTIS CAUSA was executed by

Harry Potter and consist of three (3) pages, including this page where
the Attestation of Witness and the Acknowledgement before the Notary
Public appears;
That this was signed by the DONOR and the DONEE in our presence,
and we at their request, have signed these presents on the last page
hereof, and on the left-hand margin of each and every page, in their
presence, and in front of each and everyone of us.
Witnesses,
Ronald Weasely
Hogwarts St., Alabang, Muntinlupa City
Albus Dumbledore
Severus Snape
2
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the City of Muntinlupa,

personally appeared the following persons, with their respective
Community Tax Certificates as follows:
Name C.T.C. No. Date / Place Issued
1. Harry Potter 00-109424 July 2018/Muntinlupa City

2. Hermione Granger 00-400143 July 2018/Muntinlupa City
3. Ronald Weasley 00-400142 July 2018/Muntinlupa City
4. Albus Dumbledore 00-400144 July 2018/Muntinlupa City
5. Severus Snape 00-434688 July 2018/Muntinlupa City
All known to me and to me known to be the same persons who

executed the foregoing DEED OF DONATION MORTIS CAUSE which
they acknowledged to me to be their free and voluntary act and deed,
consisting of only three (3) page/s, including this page in which this
Acknowledgement is written, duly signed by the Donor, the Donee and
their three (3) instrumental witnesses on each and every page hereof.
WITNESS MY HAND AND SEAL, this July 2018, Muntinlupa City.
Atty. Francis Diaz

Notary Public
Doc. No.: 08
Page No.: 08
Book No.: 08
Series of 2018
3
Special Power of Attorney

SPECIAL POWER OF ATTORNEY
I Harry Potter hereby name, appoint and constitute Hermione Granger

to be my true and lawful attorney, to act on my behalf and in my name,
to execute and perform all or any of the following acts, deeds, matters
and things, in connection with _________________________, to wit:
(ENUMERATE POWERS TO BE CONFERRED)
HEREBY GIVING AND GRANTING unto our said attorney full powers
and authority to do and perform all and every act requisite or
necessary to carry into effect the foregoing powers, as fully to all
intents and purposes as I might or could lawfully do if personally
present, with full 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 by virtue hereof.
IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of
_________ 2001, in __________________.
____________________________
Conforme:
(Signature of Appointee)
Signed in the presence of:

__________________________
__________________________

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Answer with Specific Denial

REPUBLIC OF THE PHILIPPINES

POTTER, Harry CIVIL Case No: 1016

WHEREFORE, it is respectfully prayed that the complaint be

Other equitable reliefs are likewise prayed for.

Legaspi City, July 17, 2018.

Atty. Francis C. Diaz

I, Hermione GRANGER, of legal age, single, Filipino, and with postal

Further, pursuant to Rule 7 of the 1997 Rules of Civil Procedure and

Legaspi City, July 2018.

SUBSCRIBED and sworn to before me in Legaspi City on July 17,

Atty. Ronald Weasley

REPUBLIC OF THE PHILIPPINES

POTTER, Harry CIVIL Case No: 1016

By way of counterclaim, defendant alleges:

WHEREFORE, it is respectfully prayed that the complaint be dismissed

Other equitable reliefs are likewise prayed for.

Legaspi City, July 17, 2018.

Atty. Francis C. Diaz

I, Hermione GRANGER, of legal age, single, Filipino, and with postal

Further, pursuant to Rule 7 of the 1997 Rules of Civil Procedure and

Legaspi City, July 2018.

SUBSCRIBED and sworn to before me in Legaspi City on July 17,

Atty. Ronald Weasley

REPUBLIC OF THE PHILIPPINES

POTTER, Harry CIVIL Case No: 1016

By way of affirmative and negative defenses, defendant avers:

WHEREFORE, it is respectfully prayed that the complaint be

Other equitable reliefs are likewise prayed for.

Legaspi City, July 17, 2018.

Atty. Francis C. Diaz

I, Hermione GRANGER, of legal age, single, Filipino, and with postal

1. I am the defendant in the foregoing case; that I caused the

Further, pursuant to Rule 7 of the 1997 Rules of Civil Procedure and

Legaspi City, July 2018.

SUBSCRIBED and sworn to before me in Legaspi City on July 17,

Atty. Ronald Weasley

REPUBLIC OF THE PHILIPPINES

POTTER, Harry G.R. No: 101678

NOW COMES the Petitioner, in the above-entitled case, unto the

WHEREFORE, premises considered, Petitioner most respectfully

Muntinlupa City; 26 March 2015

I, Harry Potter, Filipino and of legal age, and presently residing in

Muntinlupa City, July 2015.

Harry Potter, of legal age and resident of the City of Muntinlupa,

That the commission or continuance of the acts complained of during

SUBSCRIBED and sworn to before me in Muntinlupa City on July 17,

Atty. Ronald Weasley

REPUBLIC OF THE PHILIPPINES

GRANGER, Hermione S.P. No: 101678

NOW COMES the Petitioner, BY THEMSELVES, in the above-entitled

WHEREFORE, petitioner respectfully prays that a writ of habeas

Muntinlupa City; July 2018

Atty. Francis C. Diaz

I, Hermione GRANGER, of legal age, single, Filipino, and with postal

Further, pursuant to Rule 7 of the 1997 Rules of Civil Procedure and

Legaspi City, July 2018.

SUBSCRIBED and sworn to before me in Muntinlupa City on July 17,

Atty. Ronald Weasley

Republic of the Philippines )

REAL ESTATE MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

This Real Estate Mortgage made and executed by and between:

Hermione Granger of legal age, Filipino, single, with residence at