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TAKE NOTE:
- Review the rules on jurisdiction (amount of money/ cause of action)
- Do not sign
COMPLAINT
Plaintiff, through undersigned counsel, to this Honorable Court respectfully alleges:
1. That Plaintiff is of legal age and a resident of 123 G. Tuazon St. Sampaloc Manila, while defendant is of legal age and a resident of
456 Pablo Ocampo St. Malate Manila, where he may be served with summons.
2. That on (Date), the defendant borrowed from the Plaintiff the amount of 1M evidenced by PN executed by the defendant on (date),
a copy of which is hereto attached as “Annex A”, promising to pay the plaintiff the amount of ________ with interest thereon at the
rate of______ within a period of one year from the date thereof.
3. That the period of one year expired on ______ but the defendant has not paid the said loan or but the defendant has not paid the
said loan or any portion thereof despite repeated demands;
4. That due to the defendant’s failure to pay plaintiff’s plainly just and valid claim, the plaintiff was compelled to institute this suet and to
engage the services of counsel, to whom he has agreed to pay the amount of P75, 000.00 at attorney’s fees, plus P3, 000.00 for
every appearance in court.
5. That barangay mediation was previously sought but no agreement was arrived at and the plaintiff was given a certification to file his
claim in court, a copy of which is hereto attached as Annex “B” hereof.
WHEREFORE, it is respectfully that, after due hearing, judgment be rendered ordering the defendant to pay the plaintiff the amount
of P1, 000, 000.00, with interest thereon at the rate of 12% per annum from January 2, 2009 until fully paid, plus the amount of P75, 000.00
per court appearance, as attorney’s fees.
ATTY. _________________
Counsel for the Plaintiff
(address)
(Email dress)
(Contact number)
Attorney’s Roll No. _______
Date ___________________________
PTR No., ______, Place/ Date of issue
IBP O.R. No. ____________________ Date/ Place issued ________________
MCLE Cert. No. _________________
1
I, A, after being duly sworn, hereby depose and state:
A,
Affiant
SUBSCRIBED AND SWORN TO before me this 17 th day of July 2018 in Pasig City, Philippines, affiant exhibiting to me his competent
evidence of identity by way of Passport with number XX0971748, issued at Manila, Philippines on May 24, 2017.
NOTARY PUBLIC
Doc. No.
Page No.
Book No.
Series of 2018
COMPLAINT
Plaintiff, through undersigned counsel, to this Honorable Court respectfully alleges:
1. Plaintiff is a banking corporation organized and existing under the laws of he Philippines, with principal office at 123 Ayala Avenue, Makati City, while
defendant is of legal age and a resident of 888 Kamias St., Quezon City, where he may be served with summons
2. On September 28, 2018, defendant borrowed from the plaintiff the amount of P1,000,000.00, subject to interest at the rate of 14% per annum, payable
on the fifth anniversary of the loan, and secured by a real estate mortgage over a parcel of land located in Cavite City, as evidenced by an agreement
executed on the same date, a copy of which is hereto attached as Annex “A” hereof;
3. Defendant failed to pay the said loan and 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 defendant’s unjustified failure to comply with plaintiff’s plainly 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 P100,000.00 as and by way of attorney’s fees.
WHEREFORE, it is respectfully prayed that, after due hearing, judgment be rendered ordering the defendant to pay the plaintiff the amount of
P1,000,000.00 with interest thereon at the rate of 14% per annum from September 28, 2018 until fully paid, plus the amount of P100,000.00 for and as
attorney’s fees.
2
And all other reliefs are likewise prayed for.
(Sgd.)
Counsel for the Plaintiff
(Address)
PTR O.R. No. , Makati City, Jan. 3, 2019
IBP O.R. No. , Makati City, Jan. 20, 2019
Attorney’s Roll No. , (date)
I, A.B., do hereby certify that I am the President of the A. Banking Corp, plaintiff in the above-entitled case; that I have been duly authorized by the Board
of Directors of the said bank to execute this Certification against Forum Shopping, as evidenced by the Secretary’s Certificate of Board Resolution
hereto attached as Annex “B” hereof; that the plaintiff has not filed any other case in any other court or administrative tribunal involving the same cause
of action; that I am not aware of any pending case involving the same cause; and that should I hereafter acquire knowledge of such other action, I will
notify this Honorable Court thereof within five (5) days from acquiring such knowledge.
affiant
SUBSCRIBED & SWORN to before me this 28th day of September, 2019the affiant exhibiting to me his Community Tax Certificate No. ___________
issued at on January 31, 2019.
NOTARY PUBLIC
Until December 31, 2020
3
Defendant.
x--------------------------x
COMPLAINT
Plaintiff, through undersigned counsel, to this Honorable Court respectfully alleges:
1. That Plaintiff is of legal age and a resident of 123 G. Tuazon St. Sampaloc Manila, while defendant is of legal age and a resident of
456 Pablo Ocampo St. Malate Manila, where he may be served with summons.
WHEREFORE, it is respectfully prayed that judgment be rendered in favor of the Plaintiff for the sum of TWO MILLION PESOS (Php 2,000,000)
ATTY. _________________
Counsel for the Plaintiff
(address)
(Email dress)
(Contact number)
Attorney’s Roll No. _______
Date ___________________________
PTR No., ______, Place/ Date of issue
IBP O.R. No. ____________________ Date/ Place issued ________________
MCLE Cert. No. _________________
A,
Affiant
SUBSCRIBED & SWORN to before me this 27th day of April, 2019the affiant exhibiting to me his Community Tax Certificate No. ___________ issued at
on January 31, 2019.
NOTARY PUBLIC
Until December 31, 2020
Doc. No. ____;
Page No. ____;
Book No. ____;
Series of 2019.
ANSWER
2. Title
3. Prefatory statement
4
4. Body: (DAC)
A. Denials
B. Admissions
C. Counterclaim
8. Plus: (VerCop)
B. Copy furnished: (name and Address of the counsel of the other parties)
Take Note:
-When an actionable document has to be denied, the Answer must be verified. If the Answer include PERMISSIVE COUNTERCLAIM, a
Certification of Non-Forum Shopping must also be added. This rule, however, do not apply to compulsory counterclaims. The circular applies
to initiatory and similar pleadings.
Initiatory Pleadings – PLEADINGS THAT ARE ASSERTING A CLAIM
Certiorari, Prohibition, Mandamus, Quo Warranto, Writs
Summary Procedure pleadings
*****ALL MOTIONS HINDI VINEVERIFY (MORTAL SIN SA EXAM NI SIR) EXCEPT MR BEFORE THE OFFICE OF THE PROSECUTOR
Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Branch_____ Manila City
A Banking Corp,
Plaintiff
vs. Civil Case No. 12345
For: Sum of Money
B,
Defendant.
x--------------------------x
ANSWER
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 due execution and authenticity of the PN, “Annex A” of the complaint, the truth being that the same is
forgery and that he did not execute nor sign the same.
a. That by virtue of his unwarranted and malicious act initiated by th plaintiff, defendant was forced to engage counsel in the sum of
Twenty Thousand Pesos (Php. 20,000)
WHEREFORE, it is respectfully prayed that the complaint be dismissed and defendant be awarded the amount of One Hundred Thousand Pesos
(Php.100,000).
5
And all other reliefs are likewise prayed for.
ATTY. X
Counsel for Defendant
Manila, September 28, 2009.
ATTY. _________________
Counsel for the Plaintiff
(address)
(Email dress)
(Contact number)
Attorney’s Roll No. _______
Date ___________________________
PTR No., ______, Place/ Date of issue
IBP O.R. No. ____________________ Date/ Place issued ________________
MCLE Cert. No. _________________
VERIFICATION
COPY FURNISHED:
PROOF OF SERVICE
A copy of the said pleading was served to the plaintiff by registered mail due to lack of manpower or geographical difficulties.
(Sgd.)
Atty. Y
Counsel for Defendant
FORCIBLE ENTRY
COMPLAINT
COMES NOW, the plaintiff, through the undersigned counsel and unto this Honorable Court, most respectfully avers that:
1. The plaintiff is of age and a resident of 4 Baguio-Bua-Itogon Road cor. Outlook Drive South, Baguio City, Philippines;
2. Defendants are of age, Filipinos, with residence at 128 Tangerine St., Zenaida II Subdivision, Concepcion Uno, Marikina City, where
they may be served with summons and other court processes;
3. The plaintiff is the absolute owner of a fenced strawberry farm located in 4 Baguio-Bua-Itogon Road cor. Outlook Drive South,
Baguio City;
4. Sometime in June 27, 2018, defendants, forcefully destroyed the fence surrounding the said property, and cleared the property from
the seventy (70) strawberry shrubs planted therein to build their shanties without any authorization nor consent from the plaintiff;
5. Despite repeated demands to vacate the premises, defendants continued to occupy the subject property, thereby depriving the
plaintiff of lawful possession thereof; and
6. As a result of the defendants’ unlawful occupation of the property, plaintiff suffered actual damages of ONE HUNDRED SIXTY
THOUSAND PESOS (Php 160,000.00), representing the value of the fence and the strawberry shrubs. Receipts for the construction of the fence, as well
as the expenses incurred in maintaining and rehabilitating the strawberry shrubs are here attached as Annexes “A”, “B-1”, and “B-2”.
6
WHEREFORE, premises considered, it is respectfully prayed unto this Honorable Court that, after due hearing, judgment be rendered in favor
of the plaintiff.
By:
JOHN LENNON
Roll of Attorneys No. 107136
IBP No. 795004/20 April 2018/Pasig City
PTR No. 2950426/24 April 2018/Manila
MCLE Compliance No. V-0014727/25 June 2018
I, JESSICA CAMILLE P. EDQUILAG, Filipino, of legal age, residing at 4 Baguio-Bua-Itogon Road cor. Outlook Drive South, Baguio City, after
being sworn to in accordance with law, deposes and says that:
SUBSCRIBED AND SWORN TO before me this 17 th day of July 2018 in Pasig City, Philippines, affiant exhibiting to me his competent
evidence of identity by way of Passport with number XX0971748, issued at Manila, Philippines on May 24, 2017.
NOTARY PUBLIC
Doc. No.
Page No.
Book No.
Series of 2018.
UNLAWFUL DETAINER
REPUBLIC OF THE PHILIPPINES
National Capital Judicial Region
Metropolitan Trial Court
Branch 4
Manila
RICHARD C. HEREDIA,
Plaintiff,
-versus- Civil Case No. 18-318926
MARK NIÑO I. SERRANO, For: Unlawful detainer
Defendant.
x-----------------------------------x
COMPLAINT
COMES NOW, the plaintiff, through the undersigned counsel and unto this Honorable Court, most respectfully avers that:
7. The plaintiff is of age and a resident of 2207 Moriones St., Tondo, Manila while the defendant is also of age, with residence at 864
Pedro Gil St., Paco, Manila, where he may be served with summons and other court processes;
7
8. The plaintiff is the absolute owner and lessor of a certain building located at 1524 M. dela Fuente St., Sampaloc, Manila, currently
being leased and occupied by the defendant;
9. The defendant leases and occupies the said building under the express obligation of paying a monthly rent of TWENTY
THOUSAND PESOS (Php 20,000.00). Payable within the first five (5) days of each month;
10. The defendant has failed to pay the rents for the months of May, June and July, which amounts to SIXTY THOUSAND PESOS (Php
60,000,00);
11. Without any legal justification, defendant continuously refuses to pay the said amount despite repeated oral and written demands. A
final demand letter was sent and received personally by defendant on July 6, 2018, or more than five (5) days before the filing of this complaint. A copy
of the final demand letter to pay the arrears and to vacate the premises is here attached as Annex “A”.
WHEREFORE, premises considered, it is respectfully prayed unto this Honorable Court that, after due hearing, judgment be rendered in favor
of the plaintiff.
By:
PAUL MCCARTNEY
Roll of Attorneys No. 107137
IBP No. 792145/15 April 2018/Manila
PTR No. 292748/18 April 2018/Manila
MCLE Compliance No. V-0014726/25 June 2018
I, RICHARD C. HEREDIA, Filipino, of legal age, residing at 2207 Moriones St., Tondo, Manila, after being sworn to in accordance with law,
deposes and says that:
RICHARD C. HEREDIA
Affiant
SUBSCRIBED AND SWORN TO before me this 16 th day of July 2018 in Pasig City, Philippines, affiant exhibiting to me his competent
evidence of identity by way of Passport with number XX0814975, issued at Manila, Philippines on November 24, 2015.
NOTARY PUBLIC
Doc. No.
Page No.
Book No.
Series of 2018.
RICHARD C. HEREDIA,
Plaintiff,
8
-versus- Civil Case No. ___________
MARK NIÑO I. SERRANO, For: ______________
Defendant.
x-----------------------------------x
PRAYER
WHEREFORE, it is most respectfully prayed that the instant petition be considered by the Honorable Court and further grant the complaint.
Other relief be granted as shall be deemed just and equitable in the premises.
ATTY. XYZ
Counsel for Plaintiff
NOTICE OF HEARING
ATTY. ABC
Counsel for the Defendant
1234 Zamora Street, Pasay City
Greetings!
Please take notice that the undersigned counsel will submit the foregoing Motion for Execution to the Honorable Court on July 25, 2013 at 8:30
in the morning for its favorable consideration and approval.
XYZ
ATTY. ABC
Counsel for the Defendant
1234 Zamora Street, Pasay City
EXPLANATION
Due to lack of messengerial services to effect personal service, a copy of the foregoing motion was sent to defendant's counsel through registered
mail.
XYZ
PREMIERE BANK,
Plaintiff,
9
MOTION FOR EXECUTION OF JUDGMENT
COMES NOW, the Plaintiff through undersigned counsel and to this Honorable Court respectfully alleged:
1. That judgment was rendered by this Honorable Court in favor of the plaintiff on June 1, 2013;
2. That said judgment was duly received by the defendant on June 5, 2013 as shown in the registry return card;
3. That up to the present, the defendant had not filed any motion for reconsideration or had appealed from said decision, hence the decision has
become final and executory.
WHEREFORE, it is respectfully prayed that an order be issued by this Honorable Court for a writ of execution of said judgment.
ATTY. XYZ
Counsel for Plaintiff
NOTICE OF HEARING
ATTY. ABC
Counsel for the Defendant
1234 Zamora Street, Pasay City
Greetings!
Please take notice that the undersigned counsel will submit the foregoing Motion for Execution to the Honorable Court on July 25, 2013 at 8:30
in the morning for its favorable consideration and approval.
XYZ
ATTY. ABC
Counsel for the Defendant
1234 Zamora Street, Pasay City
EXPLANATION
Due to lack of messengerial services to effect personal service, a copy of the foregoing motion was sent to defendant's counsel through registered
mail.
XYZ
STEVE ROGERS,
Plaintiff,
TONY STARK,
Defendant.
x ------------------------------------------------------ x
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MOTION FOR BILL OF PARTICULARS
Defendant, thru counsel, and unto this Honorable Court respectfully avers:
2. That said allegation was insufficient and defective in that it fails to specify the amount;
3. That a more definite statement on the matter as above indicated is necessary in order to enable the defendant to properly prepare his
responsive pleading.
WHEREFORE, it is respectfully prayed that an order be issued by this Honorable Court requiring the plaintiff to make more definite and certain
his complaint in the particulars above indicated.
NOTICE OF HEARING
ATTY. ABC
Counsel for the Defendant
1234 Zamora Street, Pasay City
Greetings!
Please take notice that the undersigned counsel will submit the foregoing Motion for Execution to the Honorable Court on July 25, 2013 at 8:30
in the morning for its favorable consideration and approval.
XYZ
ATTY. ABC
Counsel for the Defendant
1234 Zamora Street, Pasay City
EXPLANATION
Due to lack of messengerial services to effect personal service, a copy of the foregoing motion was sent to defendant's counsel through registered
mail.
XYZ
ii. Title
iii. Prefatory statement
iv. Body
1. Material dates
2. Summons
3. Defendant failed to file an answer
4. Provision of Law
v. Relief (specific & general)
vi. Date and Place
a. Name of counsel (for plaintiff)
b. office address, email & contact number
11
c. Roll no., PTR no., IBP no., MCLE Compliance No
vii. Notice of Hearing
viii. Signature of the counsel
ix. Explanation as to service- if by registered mail
x. Signature of the lawyer
xi. Copy furnished
Take note:
No verification- initiatory pleading unlike MR
Republic of the Philippines
National Capital Judicial Region
Metropolitan Trial Court
Manila City
(Real action: where the property is located)
A,
Plaintiff,
vs. Civil Case No.: 12345
B, For: Unlawful Detainer
Defendant
MOTION
1. Plaintiff on March 15, 2019 filed a complaint for unlawful detainer. It was raffled to this court.
3. Defendant failed to file his answer within 10 days from the receipt of the summons on March 30, 2019
PRAYER
WHEREFORE, premises considered plaintiff respectfully prays that after due notice and hearing
Judgment be rendered against the defendant to vacate the premises and pay damages And all other reliefs are likewise prayed for
ATTY. _________________
Counsel for the Plaintiff
(address)
(Email dress)
(Contact number)
Attorney’s Roll No. _______
Date ___________________________
PTR No., ______, Place/ Date of issue
IBP O.R. No. ____________________ Date/ Place issued ________________
MCLE Cert. No. _________________
Notice of Hearing
To whom it may concern, please take note that this motion must be submitted for the consideration of the court on such date
Signature of the Lawyer
The copy of the motion was sent to the defendant by registered mail due to lack of geographical distance/lack of manpower.
12
MOTION TO DISMISS
MOTION TO DISMISS
1. In the Complaint it was stated that the obligation was due last January, 02, 2019;
2. Nothing was mentioned therein that thereafter he acknowledged in writing said obligation or that the plaintiff made a demand for its payment;
therefore; that obligation has now prescribed
3. This motion is not intended for delay
PRAYER
WHEREFORE, it is prayed that the complaint be dismissed on the ground of prescription of action.
City of Manila, Philippines, April 27, 2019
ATTY. Y
Counsel for Defendant
(address)
(Email dress)
(Contact number)
Attorney’s Roll No. _______
Date ___________________________
PTR No., ______, Place/ Date of issue
IBP O.R. No. ____________________ Date/ Place issued ________________
MCLE Cert. No. _________________
NOTICE OF HEARING
To whom it may concern, please take note that this motion must be submitted for the consideration of the court on such date
COPY FURNISHED
The copy of the motion was sent to the defendant by registered mail due to lack of geographical distance/lack of manpower.
Sgd.
Atty. Y
COMPLAINT IN INTERVENTION
1. Caption
2. Title
3. Prefatory statement
4. Personal circumstances of intervenor
5. Reproduces and makes his own allegations
6. Legal interest in matter of litigation
13
7. Relief (Specific & General)
8. Verification and Certification against forum shopping
9. Jurat
COMPLAINT IN INTERVENTION
INTERVENOR in the above-entitled case, thru counsel, and with leave of court previously obtained, respectfully filed this complaint in intervention, and
alleges:
(a) (Here state whether he seeks judgment against the plaintiff, against the defendant, or against both, or against the court or some officer thereof
as regards the distribution or disposition of the property in the court’s custody);
(b) For such other relief consistent with law and equity, and for costs against _______________
MOTION TO INTERVENE
1. Caption
2. Title
3. Prefatory statement ---- prays that he be permitted to intervene
4. Relief (Specific)
5. Date and Place
6. Name of counsel (for intervenor)
a. Name of counsel (for plaintiff)
b. office address, email & contact number
c. Roll no., PTR no., IBP no., MCLE Compliance No.
7. Notice of Hearing
8. Copy furnished
MOTION TO INTERVENE
J. Guillen by the undersigned counsel, respectfully prays that he be permitted to intervene in this case as a party
plaintiff/party defendant on the ground that he has legal interest in the matter under litigation, and that he may be adversely affected
in these proceedings as shown in the attached Complaint-in-Intervention/Answer-in-intervention.
WHEREFORE, it is respectfully prayed that J. Guillen be allowed to intervene as party plaintiff/defendant and the attached
complaint or answer in intervention be admitted and that herein intervenor be allowed to serve a copy of the same to the
plaintiff/defendant.
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Manila City, Philippines, April 27, 2019
Atty. Z
Counsel for intervenor
(address)
(Email dress)
(Contact number)
Attorney’s Roll No. _______
Date ___________________________
PTR No., ______, Place/ Date of issue
IBP O.R. No. ____________________ Date/ Place issued ________________
MCLE Cert. No. _________________
NOTICE OF HEARING
To whom it may concern, please take note that this motion must be submitted for the consideration of the court on such date
Copy furnished:
PROOF OFSERVICE
1. Caption
2. Title
3. Name of the person for whom the subpoena is issued and his address
4. Body
A. Commanded to appear before the court and to testify
B. Judge who issued and date of issuance
5. Signature of the judge
6. Name of court
SUBPOENA
To: C
You are hereby commanded to appear before the Regional Trial Court of Manila on the 2nd of August 2019 at 9 o’clock in the morning to then
and there testify in the action of for the sum of money against A of the above entitled case.
Witness the Honorable K. Mergas, judge of said court, this June 02, 2019
Sgd.
Judge K. Mergas
RTC Manil
1. Caption
2. Title
15
3. Prefatory statement
B. Insufficiency of evidence
4. Relief
2. Defendant submits that the evidence presented by the plaintiff shows that the facts and applicable law do not support his claim for
relief and fail to prove the allegations of the complaint, as to justify its dismissal, for the following reasons:
(Show and discuss in detail why the evidence submitted does not prove the allegations of the complaint. And also show that the law
does not support the claim.)
WHEREFORE, defendant prays that the complaint be dismissed for lack of merit and for insufficiency of evidence.
Take Note:
-Prohibited Pleadings
1. Caption
2. Title
3. Prefatory statement
6. Relief
16
9. Notice of hearing
12. Explanation
1. Plaintiff filed this complaint against defendant on April 27, 2018, summons were serve on defendant on April 30, 2018, as indicated by the
Sheriff’s Turn of even date, a copy of which is attached as “ANNEX A”
2. Defendant’s reglementary period to file an answer ended on May 15, 2018; no motion for extension of such period was filed nor was granted
motu propio by this Honorable Court. Despite the lapse of time, defendant has failed to answer the complaint against her; Plaintiff is entitled to
a declaration in default and the right to present evidence ex parte against the Defendant.
WHEREFORE, Plaintiff respectfuly prays that Defendant be declared in default and that Plaintiff be allowed to present evidence ex parte before the
Clerk of Court acting as Commissioner.
Atty. X
Counsel for Plaintiff
(address)
(Email dress)
(Contact number)
Attorney’s Roll No. _______
Date ___________________________
PTR No., ______, Place/ Date of issue
IBP O.R. No. ____________________ Date/ Place issued ________________
MCLE Cert. No. _________________
NOTICE OF HEARING
Copy Furnished:
PROOF OF SERVICE
EXPLANATION (only if served by registered mail)
1. Caption
2. Title
3. Prefatory statement
4. Body
17
A. Defendant filed a motion to dismiss
5. Relief
8. Notice of hearing
9. Copy Furnished
11. Explanation
1. Ten (10) days after the summons of the complaint was received by this defendant, she filed a motion to dismiss;
2. Plaintiff had not filed any opposition to the said motion and no hearing was held on that motion;
3. While the said motion to dismiss was still pending, This Honorable Court declared the defendant in default;
4. Said order declaring defendant in default is premature and without legal basis since there is still pending motion to dismiss.
WHEREFORE, it is respectfuly prayed that the order declaring defendant in default be lifted and that this Honorable Court rule on the aforesaid pending
motion to dismiss.
Atty. Y
Counsel for Defendant
(address)
(Email dress)
(Contact number)
Attorney’s Roll No. _______
Date ___________________________
PTR No., ______, Place/ Date of issue
IBP O.R. No. ____________________ Date/ Place issued ________________
MCLE Cert. No. _________________
NOTICE OF HEARING
18
Copy Furnished:
PROOF OF SERVICE
EXPLANATION (only if served by registered mail)
1. CAPTION
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
QUEZON CITY
BRANCH
2. PARTIES
Mr. A,
Plaintiff
vs. Civil Case No:
Mr. B, For: Collection of Sum of Money
Defendant.
5. PRAYER
WHEREFORE, it is respectfully prays that Exhibit A, B and C be admitted by the court. (specifically)
If several documents: Wherefore it is respectfully prays that the documentary exhibits offered by the Plaintiff be admitted.
If 2 PRAYERS:
WHEREFORE, premises considered it is respectfully prays that:
1. To take note the submission of this formal offer
2. That the courts admit all the documentary exhibits offered by Plaintiff.
All equitable reliefs are likewise prayed for.
-NO JURAT, NO ACKNOWLEDGMENT, NO VERIFICATION AND CERTIFICATION AGAINST NON FORUM SHOPPING
19
BRANCH
2. PARTIES
Mr. A,
Plaintiff
vs. Civil Case No:
Mr. B, For: Collection of Sum of Money
Defendant.
PRE-TRIAL BRIEF
Mr. X,
Plaintiff, Civil Case No. ___
-versus- For: Declaration of Nullity of the DOAS and TCTs
Mr. Y,
Defendant.
x------------------------x
PRE-TRIAL BRIEF
Plaintiff, by counsel, respectfully submits this pre-trial brief and states that:
1. [possibility of amicable settlement] Plaintiff is willing to enter into amicable settlement under such terms amenable to the plaintiff (?).
2. [intention to avail of modes of discovery] The plaintiff is willing to avail of the modes of discovery such as but not limited to deposition.
3. [statement of facts AND claims on the part of your client only]. Plaintiff was outside the country from January 1-30, 2018. Upon his return on February
2, 2018, he was informed that the TCTs 12345 were already cancelled…
4. [issues]
5. [witnesses] plaintiff, representative of the register of deeds; notary public who executed the DOAS; with reserved witness [plus purpose of testimony
of each witness, in table form]
6. [documentary exhibits, table] TCT [12345], TCT [678910], Passport, Ticket, DOAS, Specimen Signature, Reserved Document
PRAYER
WHEREFORE, plaintiff prays that the Court takes note of the filing of this pre-trial brief.
Date; Place
Counsel
Details of the Counsel
Requirements
COPY FURNISHED:
20
Copy furnished via personal service
I
[if not personal service, put an explanation]
[xxx]
[no notice of hearing, no jurat, no acknowledgement, no verification, no cafm]
Following the Rules on Evidence, it is the plaintiff first who will present evidence.
Q: Modes of service?
A: Personal or registered mail (date of mailing – date of filing); licensed private courier (date of receipt – date of filing)
Q: Leading questions are not allowed in JUDAF. If there are leading questions, if you are the counsel for the defendant, what would you do?
A: Object after offer. Pagkaupo ng witness, you manifest your objection specically state what number of question and answer. And the court will right
there and then rule whether your objection will be sustained or overruled. Pag di naglagay ng objection pagkaupo ng witness, it is waiver on your part to
object on the leading questions.
PROHIBITED PLEADINGS
(a) Motion to dismiss the complaint or to quash the complaint or information except on the ground of lack of jurisdiction
over the subject matter, or failure to comply with the preceding section;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a judgment, or for opening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits or any other paper;
(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court;
(h) Motion to declare the defendant in default;
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third party complaints;
(l) Interventions.
JURAT (ACSV)
Affidavit
Certification
Sworn Statement
Verification
21