Checklists and Sample Forms

CHECKLISTS & SAMPLE FORMS
IN CIVIL PROCEDURE, CRIMINAL

PROCEDURE, SPECIAL PROCEEDINGS AND
SPECIAL CIVIL ACTIONS PLUS SELECTED
DEEDS, CONTRACTS AND FORMS IN
CORPORATE PRACTICE* This Form Book is
Professor Te’s intellectual creation and under
pertinent laws, copyright is owned by Professor Te;
Atty. Enriquez’s checklists are used with his express
permission. The use of this updated Checklist by
the University of the Philippines Law Student
Government [LSG] for its Bar Operations (2003) has
been expressly allowed; unauthorized copying,
distribution, dissemination, sale or use by entities
other than those who have sought permission is
prohibited. All rights are reserved and all remedies
will be pursued. [ 2003 Edition ]
PROFESSOR THEODORE O. TE**
PART ONE: PLEADINGS AND

OTHER LEGAL DOCUMENTS IN
CIVIL PROCEDURE
FORM NO. 1. COMPLAINT (AND OTHER INITIATORY PLEADINGS)1
I. CHECKLIST OF REQUIREMENTS:
 Caption
 Parties/Capacity of Parties
 Material Allegations of Ultimate Facts
 Statement of Cause(s) of Action
 Prayer/Reliefs
 Date/Place of Execution2
 Signature of Counsel3
 Verification4 and Certification Against Forum Shopping
*
Updated 2003. This Form Book was first created in 1999 by Professor Theodore O. Te, upon
suggestion of and specifically for use by the 1999 Bar Candidates of the U.P. College of Law. It was
later updated in 2000, which contained, for the first time, some checklists prepared by Atty. Alexes M.
Enriquez (a former Supervising Lawyer of the U.P. Office of Legal Aid) for Atty. Enriquez’s lecture during
the Annual OLA Trial Techniques Seminar (Summer 2000; Marvic M.V.F. Leonen, Director) and some
which Professor Te uses in his own practice. This latest update is a slightly modified version of the 2000
edition, with new forms made necessary by the 2000 Rules on Criminal Procedure and other pertinent
laws. Some new forms have been made necessary by new Supreme Court rules such as the Rule
on Provisional Orders (AM No. 02-11-12-SC).
**
Assistant Professor, U.P. College of Law; Managing Partner, Sanidad Abaya Te Viterbo Enriquez
& Tan; Bachelor of Laws, University of the Philippines (1990); Regional Coordinator, Free Legal
Assistance Group (FLAG) (2000-present); Supervising Attorney, U.P. Office of Legal Aid (1998-2000;
2002);
1
Cf. Rules 6, 7 and 8, 1997 Rules on Civil Procedure;
2
A new requirement specifically provided under Rule 7, section 2(d).
3
Significant amendment introduced by 1997 Rules on Civil Procedure; cf. Rule 7, section 3.
4
Take note that under Rule 7, section 4, a verification based on “information and belief” or upon
II. SAMPLE/REPRESENTATIVE FORMS
A. COMPLAINT FOR EJECTMENT WITH DAMAGES
Regional Trial Court

National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch 33, Quezon City
ALIS DI-YAN COMPANY,
Plaintiff,
Civil Case No. 2222
- versus - For : Ejectment
YOKO NGA,
Defendant.
x ----------------------------------- x
COMPLAINT
PLAINTIFF, by counsel, respectfully states that:
1. Plaintiff is a foreign corporation organized and existing under the laws of France with
business address at 111 Ocean Drive, Tuna Compound, Quezon City; Defendant is a Filipino,
of legal age, single and currently resident of 112 Ocean Drive, Tuna Compound, Quezon City,
where he may be served with summons and other pertinent processes.
2. Plaintiff owns that property located at 112 Ocean Drive, Tuna Compound, Quezon
City which it leased to defendant under the terms and conditions stated in the Contract of Lease
dated 1 January 1995, which contract expires on 31 December 1996. A copy of the contract is
attached as ANNEX A.
3. Upon expiration of the contract, plaintiff informed defendant of its intention not to
renew the lease as it would use the property for its business expansion; plaintiff then asked
defendant to vacate the premises. A copy of plaintiff’s letter to defendant is attached as ANNEX
B.
4. Despite demand duly made and received, defendant has refused to vacate the
premises and continues to occupy the property without plaintiff’s consent. Resort to the
Barangay conciliation system proved useless as defendant refused to appear before the
Lupong Tagapamayapa. A Certification to File Action is attached as ANNEX C.5
5. Defendant’s act of dispossession has caused plaintiff to suffer material injury

because plaintiff’s business expansion plans could not be implemented despite the arrival of
machineries specifically leased for this purpose at the rental rate of US$500 per month.
Defendant’s continued occupation of the premises has also forced plaintiff to sue and to incur
legal expenses amounting to Fifty Thousand Pesos (PHP50,000.00).
WHEREFORE, plaintiff respectfully prays for judgment in its favor by ordering defendant
to vacate the property and peacefully turn over possession to plaintiff and for defendant to pay
plaintiff the amount of US$3,500 representing rentals on the machineries for seven (7) months
and Fifty Thousand Pesos (P50,000.00) for Attorney’s fees.
Other just and equitable reliefs are also prayed for.
Quezon City; _________________
“knowledge, information and belief” is considered defective and the pleading unverified.
5
Please note that this particular allegation may actually be unnecessary considering the facts
given and that the plaintiff is a juridical person. It is included in this complaint simply for educational
purposes as a representative allegation of this fact.
Page 2 of 59
(SGD.) ATTICUS FINCH
Counsel for Plaintiff
VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
I, C.K. Hilfiger, of legal age, do hereby state that: I am the Chief Executive Office of Alis
Di-yan Company and in such capacity, caused this Complaint to be prepared; I have read its
contents and affirm that they are true and correct to the best of my own personal knowledge; I
hereby certify that there is no other case commenced or pending before any court involving the
same parties and the same issue and that, should I learn of such a case, I shall notify the court
within five (5) days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on _____________.
(SGD.) C.K. HILFIGER
[SUBSCRIBED AND SWORN TO before me this ___ day of ____________, affiant

exhibiting before me his CTC No. ________________ issued on _____________ at
____________________.
(SGD.) N.O. TARIO

Notary Public until December 31, 2002
PTR No. 11112233/1/05/02/QC
Doc. No.
Page No.
Book No.
Series of 1999;]6
B. COMPLAINT FOR SUM OF MONEY7
Republic of the Philippines

Branch 101-Makati City
ESTA PADORA,
Plaintiff,
Civil Case No. 000882
- versus - For: Sum of Money
MANGGA GANTSO,
Defendant.
x -------------------------- x
COMPLAINT
1. Plaintiff is a Filipino, of legal age, and resident of 6750 Forbes Park, Makati City;
defendant is also a Filipino, of legal age and resident of 6752, Forbes Park, Makati City, where
he may be served with summons and other processes.
2. Sometime in January 1996 and over a period of six (6) months, defendant borrowed
certain amounts from plaintiff. Defendant promised to pay these amounts on an installment
basis monthly. These amounts now total Nine Hundred Thousand Pesos (P900,000.00).
6
The highlighted and bracketed portion is a JURAT; this accompanies any notarized document
that is declaratory in nature, as opposed to a notarized document that transmits rights or property, which
must be accompanied by an ACKNOWLEDGMENT. Note that if the document is subscribed before a
public officer duly authorized to take oaths, then there is no need for the affiant to produce a CTC nor for
the entry into a Notarial Register; thus, the italicized portion of the JURAT is dispensed with but not the
oath itself.
7
1978 Bar Question;
Page 3 of 59
3. Despite repeated demands, both oral and written, defendant failed or has refused to
pay any amount to plaintiff as no installment payment has even been made. A copy each of
plaintiff’s two (2) demand letters is attached as ANNEX A and B.
4. Resort to the Baranggay Conciliation process proved fruitless as defendant failed to
appear, despite notice on him to appear. Thus, a Certification to File Action, a copy of which is
attached as ANNEX C, was issued by the Baranggay Chairman.
[5. Defendant’s obligation is due and demandable and plaintiff is entitled to the payment
of the entire amount of Nine Hundred Thousand Pesos (P900,000.00) plus legal interest.
6. By reason of defendant’s unreasonable failure or refusal to pay his due and

demandable obligation, plaintiff was forced to engage the services of counsel to vindicate his
rights thereby committing himself to pay legal expenses amounting to Fifty Thousand Pesos
(P50,000.00).
WHEREFORE, plaintiff respectfully prays for judgment in his favor through a Decision
directing defendant to pay him NINE HUNDRED THOUSAND PESOS (P900,000.00), with legal
interest, as ACTUAL DAMAGES and FIFTY THOUSAND PESOS (P50,000.00) as Attorney’s
Fees.]8
Quezon City for Makati; ______________.

[Address]
Add: Verification and Certification Against Forum Shopping
C. COMPLAINT FOR REPLEVIN9

Branch 101-Makati City
HURTS RENT-A-CAR,
represented by AKIN NAYAN,
Plaintiff,
8
Please note that the bracketed and italicized portion is indispensable to the filing of a Complaint
as it is required that every Complaint state in the body as well as in the prayer the amount of damages
sought. This is jurisdictional and a complaint that fails to comply with this requirement is fatally defective.
9
1986 Bar Question;
Page 4 of 59
- versus -
YOKO NGA,
Defendant.
x----------------------------------- x
COMPLAINT
Plaintiff, by counsel, respectfully states that:
1. Plaintiff is the general manager of Hurts Rent-A-Car with offices at Makati City;
defendant is a Tongan, temporarily residing at Bayview Hotel, Roxas Boulevard, Manila.
2. Hurts Rent-A-Car is the registered owner of a Honda CRV with license plate number
TUV-675, which defendant, on 3 March 1999, rented from plaintiff for a period of one (1) week.
3. On 15 March 1999, plaintiff demanded from defendant the return of the car but
defendant failed and refused to do so.
4. The car has not been taken for a tax assessment or a fine pursuant to law nor has it
been seized on execution or attachment. Its present value is approximately Nine Hundred
Thousand Pesos (P900,000.00).
5. Plaintiff is ready, willing and able to give bond in defendant’s name in double the
value of the property for the return of the property to defendant should that be adjudged or for
the payment of such sum that defendant may recover from plaintiff in this action.
WHEREFORE, plaintiff respectfully prays that the writ of replevin issue directing the
Sheriff or any other authorized officer to take possession of the car and dispose of it in
accordance with the Rules of Court and, after hearing, judgment be rendered declaring plaintiff
to be lawfully entitled to the possession of the car and sentencing defendant to pay its value.
Quezon City for Makati City; ________________.
(SGD.) MITCH MCDEERE
Add: Verification and Certification of Non-Forum Shopping
D. COMPLAINT TO SET PERIOD OF YEARS FOR LEASE10

Pasig City-Branch 161
NANG UUPA,
Plaintiff,
- versus -
NAGPA PAUPA,
Defendant.
x ---------------------- x
COMPLAINT
1. Plaintiff and Defendant are both Filipino citizens and of legal age; plaintiff resides at
1-A, Cruz Street, Pasig City while defendant resides at 2 Frisco Street, Pasig City, where he
may be served with summons.
2. On 1 January 1996, defendant leased to plaintiff the premises at 1-A Cruz Street,
Pasig City for a monthly rental of One Thousand Pesos (P1,000.00) to be paid within the first
five (5) days of each month.
010
1980 Bar Question;
Page 5 of 59
3. There is no fixed period for the lease agreement except that rentals are to be paid by
the month.
4. Plaintiff has been paying the rentals as they fall due each month, without fail.
However, on 4 April 1999, defendant gave notice to plaintiff that he is terminating the lease
agreement by the end of August 1999.
5. Considering that the period of lease has not been fixed, this Honorable Court may fix
a longer period of time as the lessee has been occupying the place for a period of three (3)
years. A period of two (2) years is reasonable considering that the lessee has no place to
transfer to immediately and that he has introduced substantial improvements to the premises
amounting to Fifty Thousand Pesos (P50,000.00).
WHEREFORE, it is respectfully prayed that this Honorable Court fix a period of years for
the lease between plaintiff and defendant.
Quezon City for Pasig City; 6 August 2002.

[Address]
Add: Verification and Certification Against Forum Shopping
FORM NO. 2. ANSWER WITH AFFIRMATIVE DEFENSE AND

COUNTERCLAIM11
Caption
 Denials/Admissions12
 Statement of Affirmative Allegations
 Statement of Affirmative/Negative Defenses13
 Counterclaim or Crossclaim14
 Prayer/Reliefs
 Date/Place of Execution
 Signature of Counsel
 Verification
 Certification Against Forum Shopping
 Proof of Service
II. SAMPLE/REPRESENTATIVE FORMS
A. ANSWER WITH COMPULSORY COUNTERCLAIM

ALIS DI-YAN COMPANY,
Plaintiff,
Civil Case No. 2222
- versus -
For : Ejectment
11
Cf. Rules 6, 7 and 8, 1997 Rules on Civil Procedure;
212
Take note of Rule 8, section 11 on effect of specific denial and absence of specific denial on
material allegations in a Complaint; cf. Rule Rule 8, section 10 on the definition, scope and requirements
of a specific denial.
313
Cf. Rule 6, section 5 where “Defenses”, both “negative” and “affirmative”, are defined expressly.
414
Cf. Rule 6, sections 6, 7, 8 and 9 on definitions of counterclaims and crossclaims. Take note that
Rule 11, section 8 provides that a compulsory counterclaim or crossclaim existing at the time of the filing
of the Answer must be pleaded in the Answer; cf. Rule 11, section 9 (on counterclaim or crossclaim
arising after answer) and section 10 (on effects of failure to include compulsory counterclaim or
crossclaim existing at the time of the filing of the Answer).
Page 6 of 59
YOKO NGA,
Defendant.
x ----------------------------------- x
ANSWER
(With COUNTERCLAIM)
DEFENDANT, by counsel, respectfully states that:
Page 7 of 59
Admissions/Denials
1. He admits the contents of paragraph 1 only insofar as his personal circumstances but
specifically denies the contents insofar as plaintiff’s personal circumstances for the reason
stated in the Affirmative Defenses below.
2. He admits the contents of paragraph 2 only where it states that a Contract of Lease
was entered into but specifically denies that the Contract reflects the true intent of the parties as
explained in the Affirmative Defenses below.
3. He admits the contents of paragraph 3 only as to the fact that demand to vacate was
made but specifically denies its contents as to the truth of the reasons for the letter for lack of
knowledge sufficient to form a reasonable belief as to its truth or falseness..
4. He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in the
Affirmative Defenses below.
Affirmative Defenses
5. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar
as they are material and additionally submit that the Complaint should be dismissed because:
5.1. Plaintiff has no capacity to sue as it is a foreign corporation doing

business in the Philippines without a license.
5.2. The Complaint fails to state a cause of action as the Contract of

Lease (ANNEX A) was, before its expiration, superceded by a Deed of Absolute
Sale whereby plaintiff sold to defendant the parcel of land in question, a copy of
which is attached as ANNEX 1.
Counterclaim
as they are material and additionally submit that he is entitled to reliefs arising from the filing of
this malicious and baseless suit, as follows:
6.1. Moral Damages amounting to One Million Pesos (PHP1,000,000/00)

because his name and reputation were besmirched by this malicious and
baseless suit.
6.2. Attorney’s Fees amounting to One Hundred Thousand Pesos

(P100,000.00) because he was compelled to secure services of counsel to
vindicate his legal rights.
WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by

dismissing the Complaint and granting defendant’s counterclaim by awarding defendant: (a)
One Million Pesos as Moral Damages, and (b) Fifty Thousand as Attorney’s Fees.
Other just and equitable reliefs are prayed for.
Quezon City; __________________.
(SGD) MITCH MCDEERE

Counsel for Defendant
VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING15
I, YOKO NGA, of legal age, do hereby state that: I am the defendant in the case filed by
Alis Di-yan Company for ejectment; in response, I have caused the preparation of this Answer
with Counterclaim; I have read its contents and affirm that they are true and correct to the best
515
Please note that Rule 7, section 5 of the 1997 Rules on Civil Procedure requires that any
initiatory pleading, among which is a counterclaim, must be accompanied by a Certification
against Forum Shopping. Also please note that an Answer need not be verified but if there is a
specific denial of an actionable document, such as that contained in italics above, then the
Answer must be verified. See again Rule 8, secs. 7 (definition of actionable document), 8 (how to
contest such documents), 10 (requirements of a specific denial), 11 (effects of failure to specifically deny).
Page 8 of 59
of my own personal knowledge; I specifically deny the genuineness and due execution as
well as the binding effect of the actionable documents pleaded by plaintiiff;16 I hereby
certify that there is no other case commenced or pending before any court involving the same
parties and the same issue and that, should I learn of such a case, I shall notify the court within
five (5) days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on 27 July 2002.
(Sgd) YOKO NGA
JURAT
B. ANSWER WITH COUNTERCLAIM AND CROSSCLAIM
See Form No. 2-A, supra, but add--
Crossclaim
as they are material and additionally submit that he is entitled to indemnity and/or contribution
from co-defendant MANGGA GANTSO in the event that he is made liable to plaintiff because
co-defendant MANGGA GANTSO acted as the duly authorized agent of plaintiff in the sale of
the property and, acting as such, received consideration, in the form of the purchase price, from
defendant.
WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by

dismissing the Complaint and granting defendant’s counterclaim by awarding defendant: (a)
One Million Pesos as Moral Damages, and (b) Fifty Thousand as Attorney’s Fees. In the event
that defendant is made liable to plaintiff on the Complaint, he further prays that co-defendant
MANGGA GANTSO be made liable to indemnify defendant in the same amount under the
Crossclaim.
(SGD) MITCH MCDEERE

Add: VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
FORM NO. 3. PRE-TRIAL BRIEF17
 Proposed terms for amicable settlement

 Alternative modes of dispute resolution
 Summary of admitted facts
 Proposed stipulation of facts and issues
 documents to be presented
 Names of witnesses and substance of their testimony
 Resort to discovery
 Available trial dates
616
Representative specific denial under oath, as required by the Rules, in relation to any actionable
document;
717
Rule 18, section 6;
Page 9 of 59
II. SAMPLE/REPRESENTATIVE FORM:

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Quezon City~Branch 90
LAKISA LAYAW,
Plaintiff,
Civil Case No. 97-31312
- versus -
LAKISA HIRAP,
Defendant.
x ------------------------------------- x
PRE-TRIAL BRIEF18
DEFENDANT, by counsel, respectfully submits her Pre-Trial Brief, as follows:
I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT

AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT19
1.1. Subject to a concrete proposal that is fair and reasonable and a reciprocal
manifestation of openness from plaintiff, defendant is open to the possibility of amicably settling
this dispute.
1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, defendant respectfully
submits that the desired terms of any amicable settlement would involve, first, a clarification of
the actual extent of any obligation due and owing to plaintiff inasmuch as there is nothing to
indicate defendant’s obligations to plaintiff and, second, a schedule of payments.
II. BRIEF STATEMENT OF CLAIMS AND DEFENSES
2.1. Plaintiff seeks principally to recover the amount of Twenty Two Million Eight
Hundred Eighteen Thousand Nine Hundred Forty Eight Pesos and Thirty Centavos
(PHP22,818,948.30) with interest at twelve percent (12%) arising allegedly from unpaid orders
delivered to defendant variously in 1989.
2.2. Defendant resists plaintiff’s claims based on a failure to state a cause of action
because of :
2.2.1. Plaintiff’s lack of personality to sue and, therefore, not being the
real party in interest under Rule 3, section 2 of the 1997 Rules of Civil
Procedure;
2.2.2. Extinguishment of the alleged claim made by the entity Regency

Furniture.
2.3. Defendant also interposed a compulsory counterclaim for Two Million Pesos
(PHP2,000,000.00) for moral damages and Two Million Pesos (PHP2,000,000.00) for
exemplary damages and One Hundred Thousand Pesos (PHP100,000.00) as attorney’s fees.
III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES
818
Please note that there is no need to attach a Notice of Hearing for a Pre-Trial Brief. Please note
also that pre-trial is now mandatory in criminal cases under Rule 118, 2000 Rules on Criminal Procedure
as well as under RA 8493 (The Speedy Trial Act) although neither the law nor the Rules require the
submission of a Pre-Trial Brief in criminal cases (in practice, courts also do not require the submission of
a pre-trial brief in criminal cases). Consequently, the requirement of a pre-trial brief and the
consequences for failure to submit one (e.g., non-suit or dismissal) appear to pertain exclusively to civil
cases.
919
This is a new requirement imposed by the 1997 Rules on Civil Procedure.
Page 10 of 59
3.1. Defendant admits only those facts stated in her Answer, i.e., her personal
circumstances, receipt of the demand letter dated January 5, 1997 and her reply to the demand
letter.
3.2. Subject to a concrete proposal for stipulation of additional facts from plaintiff during
pre-trial or even thereafter, defendant admits no other facts stated in the Complaint.
IV. ISSUES TO BE TRIED
4.1. Defendant submits that the following issues put forward by plaintiff are subject to
proof:
4.1.1. Plaintiff’s personality to seek legal reliefs;

4.1.2. Plaintiff’s entitlement to the amount claimed;
4.2. Defendant submits that the following issues she put forward are subject to proof:
4.2.1. Plaintiff’s bad faith in filing this suit;

4.2.2. Defendant’s entitlement to the claims made in her Compulsory
Counterclaim as a result of plaintiff’s bad faith;
V. EVIDENCE
5.1. Defendant intends to present the following witnesses:
5.1.1. Defendant herself, who will testify on the true circumstances

leading to the filing of this suit against her;
5.1.2. An employee of Topless Enterprises with personal knowledge as

to the true circumstances behind the alleged obligations due and owing in favor
of plaintiff.
5.2. Defendant reserves the right to present any and all documentary evidence which
shall become relevant to rebut plaintiff’s claims in the course of trial as well as any other
witnesses whose testimony will become relevant to belie plaintiff’s witnesses, if necessary.
VI. RESORT TO DISCOVERY
6.1. Considering the relatively simple issues presented, defendant does not intend to
avail of discovery at this time.
6.2. Subject, however, to a concrete and reasonable request for discovery from plaintiff,
defendant reserves the right to resort to discovery before trial.
RESPECTFULLY SUBMITTED.
Quezon City; 14 April 2002.

Copy furnished:
ATTY. MA BOLA
Page 11 of 59
FORM NO. 4. MOTIONS20
Grounds
 Prayer/Relief
 Notice of Hearing21
 Proof of Service22
 Attachments (if any)
 Verification (in certain cases)
II. SAMPLE/REPRESENTATIVE FORMS:
A. MOTION TO DISMISS (with REQUEST FOR AND NOTICE OF HEARING)23

LAKI ASSET COMPANY,

Plaintiff,
Civil Case No. 3333
- versus -
For : Sum of Money
DAMI UTANG CORPORATION,
Defendant.
x --------------------------------------- x
MOTION TO DISMISS
DEFENDANT, by counsel, respectfully moves to dismiss the Complaint on the ground

that the Complaint fails to state a cause of action as THE OBLIGATION SOUGHT TO BE
ENFORCED BY PLAINTIFF IS NOT YET DUE AND DEMANDABLE, as shown by the following:
1. Allegedly, plaintiff has failed to reach the quotas agreed upon under the Marketing
Agreement dated 1 January 1999; defendant now seeks to collect the sum of TWO HUNDRED
THOUSAND PESOS (P200,000.00), representing the balance of the proceeds due plaintiff
under the said Marketing Agreement.
2. The contract is for one (1) year and defendant is given that same period to reach the
quota specified therein; the period of one (1) year has not expired. Consequently, plaintiff’s
claim is premature as there is yet no breach of the Marketing Agreement until the period expires
and the quota is not attained. For this reason, plaintiff’s Complaint states no cause of action
and must be dismissed.
WHEREFORE, defendant respectfully prays that the Complaint be DISMISSED for

failure to state a cause of action.
Quezon City; (Date).

REQUEST FOR & NOTICE OF HEARING24
020
Cf. Rule 15, 1997 Rules on Civil Procedure;
121
Rule 15, section 5; Cf. Rule 15, section 4 (on period of service);
22
Rule 15, section 6 in relation to Rule 13, section 13;
323
1988 Bar Question;
424
Please take note that the Notice of Hearing is actually both a REQUEST and a NOTICE; a
REQUEST for the Branch Clerk of Court to include the motion in the calendar for hearing on a specific
date and a NOTICE to opposing counsel of the hearing date requested. In non-litigious motions or ex
parte motions, it is sufficient that the request not contain a date, and for that purpose, the underlined
Page 12 of 59
THE BRANCH CLERK OF COURT
Metropolitan Trial Court
Quezon City, Branch 39
Please submit the foregoing Motion to the Court for its consideration and approval
immediately upon receipt hereof and kindly include the same in the court’s calendar for hearing
on August 9, 1999 at 8:30 in the morning.
ATTICUS FINCH
1 MockingBird Street
Timog Avenue, Quezon City
Please take notice that counsel has requested to be heard on August 9, 1999 at 8:30 in
the morning.
B. MOTION FOR LEAVE OF COURT TO FILE PLEADING

[with EXPLANATION FOR SERVICE BY REGISTERED MAIL25]

SUPREME COURT
Manila
LAKI UTANG,
Petitioner,
G.R. No. ________
- versus -
DAMI LUPA,
Respondent.
x ------------------------------------ x
MOTION26 FOR LEAVE

OF COURT TO FILE REPLY WITH
MOTION TO ADMIT ATTACHED REPLY27
PETITIONER, by counsel, respectfully states that:
1. Petitioner received a copy of respondent’s Comment to his petition on 3 January

1999. The Comment contains several allegations of fact and misinterpretations of the record
that may mislead the court and need to be corrected. For this reason, petitioner intends to file a
Reply.
2. Under existing rules, a Reply can no longer be filed as a matter of course.

Consequently, petitioner seeks leave of this Court to file the said Reply, a copy of which,
pursuant to the 1997 Rules on Civil Procedure, is attached to this motion.
WHEREFORE, petitioner respectfully prays that he be granted leave of court to file a

Reply and for the Court to admit the attached Reply.
Quezon City for Manila; 5 January 2000.
EXPLANATION28
portion in the Request may be omitted with the Notice to opposing counsel simply stating that “counsel
will submit the motion to the court for approval immediately upon receipt.”
525
Cf. Rule 13, section 13;
626
In motions filed before the Supreme Court and the Court of Appeals, a Notice of Hearing is not
required.
727
Under Rule 15, sec. 9, 1997 Rules on Civil Procedure, a motion for leave to file a pleading or
motion shall be accompanied by the pleading or motion sought to be admitted.
828
The requirement is for a written explanation if service is done by registered mail instead of by
personal service; the explanation need not be verified, it being required only that it is signed. However, in
the Supreme Court, where an Affidavit of Service is required, it may be practical to combine the
Page 13 of 59
The foregoing Motion and its attachment were served on Atty. Mitch McDeere by
registered mail instead of personal service as counsel for petitioner only has one messenger
and personal service would have resulted in the motion not being filed on time to the detriment
of petitioner.
C. MOTION FOR JUDGMENT ON THE PLEADINGS29
LAKISA LAYAW,
Plaintiff,
- versus - For: Sum of Money
LAKISA HIRAP,
Defendant.
x ------------------------------------- x
MOTION FOR JUDGMENT ON THE PLEADINGS
Plaintiiff, by counsel, respectfully states that:
1. On 3 August 1998, plaintiff sued defendant for a sum of money in the amount of Nine
Hundred Thousand Pesos (P900,000.00).
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 this
Complaint. The Answer admits the material allegations of the Complaint and has not tendered
any issue; consequently, a judgment on the pleadings may be rendered.
WHEREFORE, plaintiff respectfully prays a judgment on the pleadings be rendered in

his favor.
Quezon City; _________________.
Request for and Notice of Hearing30
D. EX PARTE MOTION TO SET FOR PRE-TRIAL31
LAKISA LAYAW,
Plaintiff,
- versus -
LAKISA HIRAP,
Defendant.
x ------------------------------ x
EX PARTE MOTION TO SET CASE FOR PRE-TRIAL
1. On 1 June 1999, defendant submitted her Answer to the Complaint, thereby causing
the issues to be joined.
Explanation and the Affidavit of Service. Cf. Rul;e 13, sections 11 and 13.
929
1989 Bar Question;
030
Please note that this is a litigious motion, i.e., it must be set for hearing. Thus, a specific hearing
date must be requested and notice thereof given to adverse party through counsel.
131
Under Rule 18, section 1 of the 1997 Rules on Civil Procedure, it is now mandatory on the part of
the plaintiff to move ex parte for setting of pre-trial. Note that the motion is expressly denominated as ex
parte, i.e., no need for hearing.
Page 14 of 59
2. This case is, thus, ripe for pre-trial. Complying with Rule 18, section 1 of the 1997
Rules on Civil Procedure, plaintiff respectfully asks that this case be set for pre-trial.
WHEREFORE, plaintiff respectfully prays that this case be set for pre-trial on a date
convenient to this Honorable Court.
Quezon City; 3 June 2000.
REQUEST AND NOTICE32

Please submit the foregoing to the Court for its approval immediately upon receipt
hereof.
MITCH MCDEERE, ESQ.

2 The Firm
Laguna Street, Quezon City
Please take notice that counsel has requested for the approval of the foregoing motion
immediately upon receipt.
ATTICUS FINCH
E. MOTION FOR POSTPONEMENT33
DILA TORY,
Plaintiff,
- versus -
PASEN SYOSO,
Defendant.
x ------------------------------------ x
MOTION FOR POSTPONEMENT
1. This case is set for trial on 5 August 1999 at 8:30 in the morning.
2. On said date and time, the undersigned counsel will be unable to appear before this
Honorable Court as he has also been directed to appear on this date and time before the
Regional Trial Court of Makati City, Branch 139 for “People of the Philippines v. Bil Moko”,
Criminal Case No. 009988, where he is scheduled to terminate cross-examination of the
prosecution’s expert witness who will be available only on said date and time.
3. Without impugning the importance of these proceedings, plaintiff respectfully submits

that his attendance in the Makati case becomes indispensable; otherwise, the accused in said
case would be deprived of the opportunity to confront and cross-examine a vital witness against
her.
4. This motion is prompted only by the foregoing reason and not for delay.
WHEREFORE, plaintiff respectfully prays that the trial scheduled on 5 August 1999 be
232
Note the difference between this “Request and Notice” and that contained in Form No. 4A; this
does not contain a date of hearing because under Rule 15, section 4 of the 1997 Rules on Civil
Procedure, it is a motion which the Court “may act upon without prejudicing the rights of the adverse
party” and moreover because Rule 18, section 1 expressly defines this to be an ex parte motion.
33
1987 Bar Question;
Page 15 of 59
POSTPONED to another date convenient to this Honorable Court.
Quezon City; 30 July 1999.
MITCH MCDEERE
REQUEST FOR AND NOTICE OF HEARING34
F. MOTION FOR EXTENSION OF TIME
DILA TORY,
Plaintiff,
- versus -
PASEN SYOSO,
Defendant.
x ------------------------------------ x
MOTION FOR EXTENSION OF TIME
1. He has been directed to file a Reply to defendant’s Answer by 10 August 1999.
2. The undersigned counsel, however, anticipates his inability to file the Reply on or
before the said due date because of the tremendous pressure of other equally urgent
professional work requiring the preparation of pleadings and almost daily trial appearances
before the various courts within and outside Metro Manila. For this reason, the undersigned is
constrained to ask for an additional fifteen (15) days from 10 August 1999, or until 25 August
1999, within which to submit plaintiff’s Reply.
3. This motion is not intended for delay but is motivated only by the foregoing reason.
WHEREFORE, plaintiff respectfully prays that he be granted an additional fifteen (15)

days from 10 August 1999, or until 25 August 1999, within which to submit plaintiff’s Reply.
Quezon City; 1 August 1999.
MITCH MCDEERE
REQUEST FOR AND NOTICE OF HEARING
G. MOTION TO DECLARE DEFENDANT IN DEFAULT
ANAKIN SKYWALKER,
Plaintiff,
- versus -
PADME AMIDALA,
Defendant.
x ---------------------------------- x
MOTION TO DECLARE DEFENDANT IN DEFAULT
1. Plaintiff filed this Complaint against defendant on 1 March 1999; summons were
served on defendant on 20 March 1999, as indicated by the Sheriff’s Return of even date, a
copy of which is attached as ANNEX A.
434
In some instances, this motion is considered a non-litigious motion; thus, the request and notice
need not specify a date of hearing and simply state that it is being submitted for approval “immediately
upon receipt.” Although, the better practice would be to file such a motion early so as to be able to set it
for hearing and approval by the court.
Page 16 of 59
2. Defendant’s reglementary period to file Answer ended on 5 April 1999; no motion for
extension of such period was filed nor was any 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 of default and the right to present evidence ex parte against defendant.
WHEREFORE, plaintiff respectfully prays that defendant be declared in default and that
plaintiff be allowed to present evidence ex parte before the Clerk of Court acting as
Commissioner.
(SGD) DARTH SIDIOUS

REQUEST FOR AND NOTICE OF HEARING35
H. MOTION TO LIFT ORDER OF DEFAULT36
ANAKIN SKYWALKER,
Plaintiff,
- versus -
PADME AMIDALA,
Defendant.
x ---------------------------------- x
MOTION TO LIFT ORDER OF DEFAULT
DEFENDANT, by counsel, respectfully states that:
1. Five (5) days after service of summons and receipt of Complaint, she filed a Motion to
Dismiss on the ground that plaintiff’s claim is outside the jurisdictional amount of this Honorable
Court under the new Expanded Jurisdiction Act and that the Complaint should properly be filed
and tried before the Metropolitan Trial Court. The Motion to Dismiss, which was received by
plaintiff’s counsel on 25 March 1999, was set for hearing on 10 April 1999, as indicated on the
“Request for and Notice of Hearing”.
2. Without waiting for the hearing on the Motion to Dismiss, this Honorable Court
declared defendant in default on 7 April 1999 based solely on plaintiff’s Motion, filed two (2)
days after the supposed lapse of the reglementary period, which, however, was tolled by the
filing of a Motion to Dismiss.
3. Under the circumstances, the order of default is premature and without legal and
factual basis as : (a) defendant has not failed to file an Answer within the reglementary period,
(b) the reglementary period has not lapsed because of the filing of the Motion to Dismiss within
the period, and (c) the pendency of the Motion to Dismiss is prejudicial to the issue of
defendant’s default. Consequently, the order of default should be lifted.
WHEREFORE, defendant respectfully prays that the Order of Default against her be
LIFTED and that this Honorable Court resolve her Motion to Dismiss.
(SGD) OBI WAN KENOBI

535
Please note that defendant is entitled to be notified of this motion and the order declaring him/her
in default; thereafter, defendant loses the right to receive any other notices except for judgment in default.
636
1985 Bar Question;
Page 17 of 59
FORM NO. 5. SPECIAL CIVIL ACTIONS
A. Certiorari, Prohibition and Mandamus37
 60 days from notice of judgment or final order38
 Names of petitioner and respondent

 Grounds relied upon
 Relief
 Statement of Material Dates
 Verification
 Certification against Forum Shopping
 Attachments:
 Certified true copies of the judgment/order
subject of petition
 All material portions of the record as would
support the petition39
A. CERTIORARI (with Injunction and/or TRO)
(Caption and Title)
PETITION
1. (State capacity of petitioner and respondent/s, citizenship, status and residence.)
2. (State the date on which copy of Decision was received and/or Resolution on Motion
for Reconsideration, if filed, denied.)
3. (State briefly the facts and circumstances under which the respondent/s exercising
judicial functions acted without, or in excess of, jurisdiction or with grave abuse of discretion
amounting to lack or excess of jurisdiction.)
4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right,
[b] which is threatened by an act or omission of respondents, [c] and that, unless restrained, will
cause grave and irreparable injury to petitioner. Allege also that petitioner is ready to post a
bond in an amount to be fixed by the Court conditioned upon the payment to respondents of
any damages suffered arising from the writ should petitioner be found not to be entitled to the
writ.)
5. There is no appeal from such decision, nor any plain or adequate speedy remedy in
the ordinary course of law, except this petition.
6. A certified true copy (or duplicate original copy) of the Decision under review is
WHEREFORE, it is respectfully prayed that a writ of certiorari be issued ANNULLING

the (act, decision or finding) for being in grave abuse of discretion; in the interim, that a
preliminary injunction and/or temporary restraining order issue to ENJOIN any further
proceedings by respondents.
737
Rule 65, 1997 Rules on Civil Procedure;
838
Rule 65, sec. 4;
939
Rule 65, section 6, par. 2 expressly makes Rule 56, section 2 applicable to petitions for certiorari,
mandamus and prohibition. Rule 56, section 2 provides that Rules 46, 48, 49, 51, 52 and 56 apply. Rule
46, section 3 provides that the petition must be accompanied not only by a certified true copy of the
judgment or order questioned but also by “such material portions of the record as are referred to
therein, and other documents, relevant or pertinent thereto.”
Page 18 of 59
Quezon City; _________________
(SGD.) COUNSEL
VERIFICATION, CERTIFICATION AGAINST FORUM SHOPPING

AND VERIFIED STATEMENT OF MATERIAL DATES40
B. PROHIBITION
(Caption and Title)
PETITION
1. (State capacity of petitioner and respondent/s, citizenship, status and residence.)
2. (If applicable, state the date on which copy of Decision was received and/or
Resolution on Motion for Reconsideration, if filed, denied.)
3. (State briefly the facts and circumstances under which the respondent/s whether
exercising judicial or ministerial functions acted without, or in excess of, jurisdiction or with
grave abuse of discretion amounting to lack or excess of jurisdiction.)
4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right,
[b] which is threatened by an act or omission of respondents, [c] and that, unless restrained, will
cause grave and irreparable injury to petitioner. Allege also that petitioner is ready to post a
bond in an amount to be fixed by the Court conditioned upon the payment to respondents of
any damages suffered arising from the writ should petitioner be found not to be entitled to the
writ.)
5. There is no appeal from such decision, nor any plain or adequate speedy remedy in
the ordinary course of law, except this petition.
6. A certified true copy (or duplicate original copy) of the Decision under review is
WHEREFORE, it is respectfully prayed that an injunction or TRO be issued directing

respondent/s to desist and refrain from further proceedings in the premises, and that after due
notice and hearing, a writ of prohibition issue directing respondent/s to desist absolute and
perpetually from further proceedings (in the said action or matter).
Quezon City; _________________
(SGD.) COUNSEL
VERIFICATION, CERTIFICATION AGAINST FORUM SHOPPING

AND VERIFIED STATEMENT OF MATERIAL DATES41
C. MANDAMUS
(Caption and title)
PETITION
1. (State the capacity of petitioner and respondent/s and their addresses.)
2. (State the facts and circumstances whereby respondent/s unlawfully neglected the
performance of an act which the law specifically enjoins as a duty resulting from an office, trust
040
To the standard “Verification and Certification Against Forum Shopping”, ADD the date when the
Decision or Judgment was received pursuant to the requirements under the Rules of Court.
141
To the standard “Verification and Certification Against Forum Shopping”, ADD the date when the
Decision or Judgment was received pursuant to the requirements under the Rules of Court.
Page 19 of 59
or station, or unlawfully excluded the petitioner from the enjoyment of a right or office to which
the petitioner is entitled.)
3. Petitioner has no appeal from such decision, nor any plain or adequate speedy
remedy in the ordinary course of law, except this petition.
WHEREFORE, it is respectfully prayed that, after due notice and hearing, a writ of
mandamus issue commanding respondent/s forthwith to: (state the act required to be done),
with costs against them.
Quezon City; ________________
(SGD.) COUNSEL
VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING
B. Quo Warranto,42 Interpleader,43 Quieting of Title and Declaratory Relief44
 Parties
 Quo Warranto - (a) Solicitor General, when
directed by President or motu propio;45 Person
claiming to be entitled to public office or position
usurped or unlawfully held or exercised by another;
may bring action in his own name46 against the
alleged usurping public officer;47
 Interpleader - Petitioner, who must claim no
interest or has an interest not disputed by claimants;
and claimants over the same subject matter;48
 Declaratory Reliefs - Any person interested
under a deed, will, contract or other writing, before
breach thereof, and who stands to suffer injury by
operation of the said deed, will, contract or other
writing;49
 Material Allegations of Ultimate Facts
 Quo Warranto - facts showing usurpation of
office and facts showing entitlement of petitioner to
the office;50
 Interpleader - facts showing conflicting claims
made on the same subject matter over which
petitioner claims no interest or an interest that is not
disputed by claimants;51
 Declaratory Relief - facts showing interest under
a deed, will, contract or other written instrument
and injury arising from operation of said deed, will,
contract or other writing and facts showing that no
violation or breach has occured; may also show
facts showing need to reform instrument, quiet
title (arising from conflicting claims or cloud
242
Rule 66;
343
Rule 62;
44
Rule 63;
545
Rule 66, section 2;
646
Rule 66, section 5;
747
Rule 66, section 6;
848
Rule 62, section 1;
949
Rule 63, sections 1 and 2;
050
Rule 66, section 6;
151
Rule 62, section 1;
Page 20 of 59
thereon) orn to consolidate ownership (as when
property under pacto de retro not redeemed)52
 Prayer/Reliefs
 Date/Place of Execution
 Signature of Counsel
 Verification
 Certification Against Forum Shopping
A. COMPLAINT IN INTERPLEADER53
NALI LITO,
Plaintiff,
SCA No. ____________
- versus -
UMA AGAW and INA AGAWAN,

Defendants.
x --------------------------------------- x
COMPLAINT
1. Plaintiff and defendants are all of legal age; plaintiff resides at ______________ while
defendants reside at ___________ and _______________, respectively, where they may be
served with pertinent notices.
2. On 1 June 1999, plaintiff found a Gold Rolex Oyster watch, without knowing who its
true owner is. The watch is now in plaintiff’s possession. On or about 5 June 1999, defendants
made similar representations to plaintiff as to ownership of the watch.
3. Plaintiff, who claims no interest in the watch, cannot determine the conflicting claims
of defendants and thus seeks to compel defendants to interplead and litigate their several
claims between themselves.
WHEREFORE, it is respectfully prayed that this Honorable Court issue an order

directing defendants to interplead with one another to determine their respective rights and
claims and to allow plaintiff to recover his expenses for safekeeping and the costs of this suit,
as first lien upon the subject matter of this action.54
Quezon City; _______________.

VERIFICATION & CERTIFICATION OF NON-FORUM SHOPPING
B. ACTION TO (REMOVE CLOUD ON OR) QUIET TITLE)55
IN RE : QUIETING OF TITLE OVER THE

PROPERTY COVERED BY TCT NO. 12345
SCA No. 1357
NALI LITO, as Special Administrator of the
Estate of the deceased DAMI LUPA,
Petitioner,
UMA AGAW,
Respondent.
252
Rule 63, section 1;
353
Rule 62;
454
It is important to allege this because otherwise plaintiff would be required to pay the docket fees
involved in filing the Complaint in Interpleader which would be determined by the value of the property. In
this way, plaintiff will not be unduly prejudiced by the costs of the suit.
55
Rule 63, sec. 1, par. 2;
Page 21 of 59
x ------------------------------------------------ x
PETITION
1. He is the special administrator of the estate of the deceased DAMI LUPA.
2. The deceased, during his lifetime, executed a Deed of Sale of real estate in favor of
the respondent dated _____________, and particularly described, as follows:
(Describe property)
covered by TCT No. 12345 in the Register of Deeds of Makati. The same is annotated on the
title as the only encumbrance thereon.
3. The sale is fictitious and the Deed of Sale is forged, as shown by a judgment in Civil
Case No. 2468, a copy of which is attached.
4. The existence of the alleged Deed of Sale is prejudicial and injurious to the title of the
lawful heirs of the deceased upon the said property. Equity demands that the said Deed of Sale
be surrendered and cancelled, as it is a cloud upon the title of the deceased and his lawful
heirs.
WHEREFORE, petitioner respectfully prays that this Honorable Court render judgment in
the Estate’s favor by ordering the Deed of Sale surrendered and cancelled and the cloud on
Title No. 12345 removed.
Quezon City; ________________.

Counsel for Petitioner
Verification and Certification of Non-Forum Shopping
C. ACTION FOR DECLARATORY RELIEF56
INA API,
Plaintiff,
Civil Case No. 2468
- versus -
THE CITY COUNCIL

OF QUEZON CITY,
Defendant.
x --------------------------- x
COMPLAINT
1. Plaintiff is a Filipino citizen of legal age and resident of Quezon City; defendant is the
City Council of Quezon City, the duly-constituted legislative body for Quezon City, its members
may be served with notices at Quezon City Hall.
2. On 1 August 1999, defendant City Council passed Ordinance No. 2345 making it
unlawful to operate cellular phone units while inside a moving vehicle and penalizing any
violations with a fine of P1,000.00 for each offense in addition to impounding of the cellular
phone unit. The relevant portions of the Ordinance are, as follows:
(Quote the relevant portions)
3. The above-quoted portion is ambiguous because it leaves unfettered discretion to

the authorities to stop even urgent and important calls which may be made only while the
person is in transit. It fails to consider that, due to the worsening traffic conditions in Metro
656
Rule 63, sec. 1, par. 1;
Page 22 of 59
Manila, majority of business is conducted in transit and over cellular phones. Plaintiff is a
lawyer who frequently has to dictate important pleadings over the phone while in transit due to
the worsening traffic condition. The Ordinance appears to bar his doing so but plaintiff is
unaware of the limits of permissible action under the Ordinance.
4. Unless declaratory relief is granted, plaintiff will suffer grave and irreparable injury
because he is unsure of the instances when he may lawfully use his cellular phone while in a
moving vehicle and when such use may lead to confiscation and a fine.
WHEREFORE, plaintiff respectfully prays that this Honorable Court grant declaratory
relief and declare plaintiff’s rights and duties under the Ordinance.
ATTICUS FINCH
Verification and Certification of Non-Forum Shopping
D. QUO WARRANTO
(Caption and title)
COMPLAINT
1. (State the capacity and address of both plaintiff and defendant.)
2. (State fully and clearly the facts and circumstances showing that defendant is
unlawfully occupying a public office and that plaintiff is entitled to hold the same office.)
3. (State that plaintiff has demanded that defendant vacate said office and deliver it to
plaintiff but that defendant has unlawfully refused to do so.)
WHEREFORE, plaintiff respectfully prays that a writ of quo warranto issue ousting and
excluding defendant from occupying the office of ____________ and declare that plaintiff is
entitled to the said office and that he be placed forthwith in possession thereof.
(SGD) COUNSEL
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
PART TWO: PLEADINGS AND OTHER LEGAL

FORMS IN CRIMINAL PROCEDURE
FORM NO. 1: AFFIDAVIT-COMPLAINT/COUNTER-AFFIDAVIT
 Identity of affiant and other personal circumstances57

 Statement of venue
 Factual allegations to show violation or defense
 Signature of affiant
 Verification
 Certification as to Personal Examination of Affiant58
 Supporting Documents/Affidavits
757
Rule 112, sec. 3(a), 2000 Rules on Criminal Procedure;
858
Id.; Note that this may be done before a prosecutor, or any government official authorized to
administer an oath, or in their absence or unavailability, a Notary Public;
Page 23 of 59
A. COMPLAINT-AFFIDAVIT
Republic of the Philippines )

City of Makati ) s.s.
COMPLAINT-AFFIDAVIT
I, MA SELAN, of legal age, Filipino, and resident of 4 Privet Drive, Triple X Village,
Makati, do hereby state under oath that:
1. I am a member of the Triple X Village Homeowner’s Association (“Association”) and

was formerly a Director and Corporate Secretary of the Association.
2. I accuse and hereby charge MR. MA INGAY, residing at 5 Privet Drive, Triple X
Village, Makati, of violating Article 358 of the Revised Penal Code (Slander and Oral
Defamation), committed against me when he publicly, maliciously and deliberately uttered
defamatory remarks against me during the Board Meeting of the Association on April 27, 1998.
This is attested to by the following exchange that transpired between Mr. Ingay and the other
members of the Board in attendance:
(Quote Exchange)
Attached as ANNEX A is a copy of the official transcript of the meeting.
3. Prior resort to the Barangay conciliation system proved fruitless as Mr. Ingay did not
retract his remarks. Consequently, a “Certification to File Action” was issued by the Barangay
Chairperson, a copy of which is attached as ANNEX B.
4. There is no other person named “Ma Selan” residing at Triple X Village nor is there
any other person named “Ma Selan” who has acted as Board Member of the Association.
Consequently, Mr. Ingay’s public and defamatory utterance was clearly a reference to me and
to no other.
5. Mr. Ma Ingay’s remarks, calling me a swindler twice over, uttered in a public meeting
are clearly insulting and defamatory as they malign me and attribute to me a criminal act, nature
and predisposition. There is, moreover, no doubt that Mr. Ingay’s use of the word “swindled”
was deliberate as his explanation and clarification a few utterances thereafter would show. Mr.
Ingay’s remarks are also very serious as they cast aspersions on my reputation, character and
very person before my peers and fellow homeowners.
6. Mr. Ingay’s remarks have injured my name, reputation and character before my
neighbors and peers. While my name, reputation and character are incapable of pecuniary
estimation as these are the result of a lifetime’s effort to build a name, reputation and character
that my children and their children can be proud to bear, Mr. Ingay cannot be allowed to simply
go scot-free without bearing the consequences of his acts. For this reason, I am also holding
Mr. Ma Ingay liable civilly for defaming me in the amount of One Million Pesos
(P1,000,000.00) in nominal damages, Five Hundred Thousand Pesos (P500,000.00) in
moral damages and Five Hundred Thousand Pesos (P500,000.00) in exemplary damages.
TO THE TRUTH OF THE FOREGOING, I have signed this Complaint-Affidavit on __

December 1998.
MA SELAN
Complainant-Affiant
SUBSCRIBED AND SWORN TO BEFORE ME this ___ day of December 1998.
Investigating Prosecutor
CERTIFICATION
I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM

SATISFIED THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT.
Page 24 of 59
Investigating Prosecutor59
B. COUNTER-AFFIDAVIT

The City of Makati ) s.s.
COUNTER-AFFIDAVIT
Re : I.S. No. 1613
I, MA LABO, of legal age, do hereby state under oath that:
1. I am the Chief of Staff of the Mayor of Quezon City, and have been occupying said
post since his election to the post in 1998. In said capacity, I am in charge of coordinating the
day-to-day affairs and activities of his Office.
2. I recently learned that I have been made a respondent in I.S. No. 1613, a charge for
estafa, filed by a certain MA GULANG on 19 January 2000 before the Office of the City
Prosecutor for Quezon City.
3. The charge is based on a supposedly unpaid account for the purchase of seven (7)
Nextel phone units by a Mr. MANGGA GANTSO of the Quezon City Rescue and Environmental
Distress Unit, which made the Mayor their Honorary Chairman with no direct functions; he has
been supporting their activities financially with voluntary contributions.
4. There is no truth to the allegations in MA GULANG’s complaint. There is no factual

nor legal basis to charge me with estafa. The Complaint must be dismissed. To rebut and
contradict MA GULANG’s malicious lies, I set forth the true circumstances leading to the
transaction below:
4.1. Sometime last year, Ms. Gulang called the office of the Mayor,
looking for him; I informed her that he was not around. I took a message from
her saying that she was a friend of the Mayor and that she was selling Nextel
units and if we wanted to buy units from her. I informed her that both the Mayor
and I had our units already; she then told me if the Mayor could refer her to
prospective clients. When the Mayor arrived, I relayed the message to him.
4.2. Quite coincidentally, Mr. Gantso had called the Mayor asking if he
could assist in securing Nextel units. The Mayor asked me to call Ms. Gulang.
Mr. Gantso and Ms. Gulang were able to meet, as a result.
4.3. On that day, Ms. Gulang brought the units to the Mayor’s Office; she
met with Mr. Gantso inside the Mayor’s office. They transacted business inside
the Mayor’s Office and only passed by my office on their way out.
4.4. Some time after that, Ms. Gulang phoned me and told me that Mr.
Gantso had not paid her the amount of P11,000.00 for the units. Somewhat
embarrassed by this, I called Mr. Gantso and told him to pay Ms. Gulang; he
assured me that he would pay her but that he just needed to collect money from
the rest of the group.
4.5. After persistent calls from Ms. Gulang telling me that Mr. Gantso
had not yet paid, I gave her the telephone number of Gantso so that she could
just call him directly. But even then, I would still get calls from Ms. Gulang; and
when she started to get angry over the telephone, I set up an appointment for Mr.
Gantso to meet with her at the Office.
4.6. Thereafter, I would still receive phone calls telling me that Mr.
Gantso had yet to pay; I would follow up with Mr. Gantso but he simply gave me
this promise that he would pay.
5. It is utterly inexplicable that Ms. Gulang would hold me liable for estafa when all that
I did was to refer Ms. Gulang to Mr. Gantso; to a certain extent, I even exerted my best efforts
to see that Ms. Gulang was paid due simply to my great embarrassment at the prospect of
959
Rule 112, sec. 3(a), 2000 Rules on Criminal Procedure;
Page 25 of 59
being accused of referring a person who does not know how to pay for an obligation.
6. For this reason, it is certainly incomprehensible that I should stand accused of estafa
by Ms. Gulang. I performed no act of deceit or fraud against her in ordering the units. I
performed NO ACT that even remotely resembles ANY of the acts punished under Article
315. If at all, any cause of action is PURELY CIVIL in nature and that liability does not pertain
to my personal account in the absence of a showing that I benefitted from the Nextel units
(which Ms. Gulang does not even allege and cannot prove); any civil liability should pertain to
the Office of the Mayor, not to me.
7. Considering the foregoing, I respectfully submit that there is no prima facie basis to
conclude that the crime of Estafa or that any crime at all has been committed. The Complaint
against me should, thus, be dismissed.
TO THE TRUTH OF THE FOREGOING, I have signed this Statement on 3 February

2000.
(SGD) MA LABO
(*) Verification
(**) Certification
FORM NO. 2: INFORMATION AND COMPLAINT60
 Parties
 Name of offended party61
 Name of accused62
 Designation of offense by statute63
 Acts or omissions complained of as constituting the offense
including a statement of the qualifying or aggravating
circumstances64
 Approximate time of the commission of the offense65
 Place of commission66
 Signature of Prosecutor (for Information)67
 Signature of Offended Party, Peace officer or Public officer
charged with enforcement of the law (for Complaint)68
 NOTE: if Information is filed after inquest (and not preliminary
investigation), ADD:
 Place where accused is actually detained69
 Full name and address of evidence custodian70
 Detailed description of recovered items, if any71
 Verification72
060
Rule 110, section 6-13, 2000 Rules on Criminal Procedure;
161
See Rule 110, section 12, 2000 Rules on Criminal Procedure;
262
363
464
See Rule 110, section 9, 2000 Rules on Criminal Procedure; a significant amendment to the 2000
Rules requires the Information now to contain a statement of the qualifying or aggravating circumstances.
565
66
767
868
969
See DOJ Circular No. 61 (September 21, 1993; “New Rules on Inquest”), section 13;
070
Id.;
171
Id.;
272
See Rule 110, sections 3, 4, 2000 Rules on Criminal Procedure;
Page 26 of 59
 Certification of Preliminary Investigation73 or Inquest74
A. INFORMATION
(with CERTIFICATE OF PRELIMINARY INVESTIGATION OR INQUEST)
(1) BIGAMY75
PEOPLE OF THE PHILIPPINES,

Plaintiff,
Criminal Case No. 00567
- versus - For : Bigamy
PI KUTIN,
Accused.
x ---------------------------------------- x
INFORMATION
The Undersigned accuses PI KUTIN of the crime of Bigamy, committed as follows:
That on or about 3 July 1998, in the City of Quezon and within the
jurisdiction of this Honorable Court, the said accused, being then legally married
to BIL MOKO, and without such marriage having been legally dissolved and thus
valid and existing, did wilfully, unlawfully and felicitously contract a second
marriage with ASA WA in the City of Quezon.
CONTRARY TO LAW.76
ELLIOT NESS
Assistant City Prosecutor
CERTIFICATE OF PRELIMINARY INVESTIGATION77
I hereby certify that a preliminary investigation in this case was conducted by me in

accordance with law; that I examined the Complainant and her witnesses; that there is
reasonable ground to believe that the offense charged had 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 was given the opportunity to submit controverting
evidence; and that the filing of this Information is with the prior authority and approval of the City
Prosecutor.
ELLIOT NESS
{SUBSCRIBED AND SWORN TO BEFORE ME this 9th of August 1999 in Quezon City.
AL CAPONE
City Prosecutor}78
Bail Recommended: P10,000.00
373
474
See DOJ Circular No. 61 (September 21, 1993; “New Rules on Inquest”), section 14;
575
1989 Bar Question;
676
Note that the allegation of any aggravating circumstances may be made here; see Information for
Attempted Rape infra for an example.
77
This Certification is appended to an Information filed after a full blown preliminary investigation is
conducted; if the accused was arrested without a warrant and refused/failed to execute a written waiver of
the provisions of Article 125, Revised Penal Code, the ACP should have conducted an INQUEST and not
a preliminary investigation. Any Information filed would thus have a different Certification, i.e., a
Certification on Conduct of Inquest. See infra.
878
Please note that the oath is administered by a public officer authorized to administer an oath;
thus, the JURAT does not contain any reference to the CTC details. Contrast this with the jurat in Form 1,
which applies when a Notary Public administers the oath.
Page 27 of 59
(2) THEFT79

Plaintiff,
- versus - For : Theft
KLEPTO MANIAC,
Accused.
x --------------------------------------------- x
INFORMATION
The Undersigned accuses KLEPTO MANIAC of the crime of Theft, committed as

follows:
That on or about 3 July 1998, in the City of Quezon and

within the jurisdiction of this Honorable Court, the said accused,
then 11 years old and without any known address, willfully,
unlawfully and feloniously, with intent to gain, without force upon
things or violence upon persons and without the knowledge and
consent of MA ALAHAS, the owner, took a gold necklace studded
with diamonds valued at One Hundred Thousand Pesos
(P100,000.00) to the prejudice of said owner.
CONTRARY TO LAW.
ELLIOT NESS
CERTIFICATION AS TO CONDUCT OF INQUEST80
I hereby certify that the accused was lawfully arrested without a warrant and that, upon
being informed of his rights, refused to waive the provisions of Article 125 of the Revised Penal
Code and, for this reason, an Inquest was conducted; that based on the complaint and the
evidence presented before me without any countervailing evidence submitted by the accused,
despite opportunity to do so, there is reasonable ground to believe that the accused has
committed the crime of theft and should, thus, be held for said crime; that this Information was
with the prior authority of the City Prosecutor.
ELLIOT NESS
SUBSCRIBED AND SWORN TO BEFORE ME this 9th of August 1999 in Quezon City.
AL CAPONE
City Prosecutor
(3) ATTEMPTED RAPE81

Plaintiff,
- versus - For : Attempted Rape
MAEL SIA,
Accused.
x --------------------------------------------- x
INFORMATION
The undersigned accuses MAEL SIA of attempted rape committed as follows:
979
1988 Bar Question;
080
As discussed supra, this Certification accompanies an Information filed after an inquest and not a
preliminary investigation is conducted. An inquest is conducted only if the respondent was arrested
without a warrant and does not waive the provisions of Article 125 of the RPC and does not wish to avail
of a full-blown preliminary investigation.
181
1982 Bar Question;
Page 28 of 59
That on or about 6 June 1992, in Quezon City, the accused did then and
there wilfully, unlawfully and feloniously enter the house of SEK SEE, a married
woman, and finding that her husband was away, with lewd designs and by
means of force and intimidation, commenced directly by overt acts to commit the
crime of attempted rape upon her person, to wit: while SEK SEE was cooking
lunch, the accused seized her from behind, threw her to the floor, raised her skirt,
pulled down her underwear and attempted to penetrate her with his sexual organ
and would have succeeded in doing so had not her loud protests and vigorous
resistance brought her neighbors to her assistance, causing the accused to flee
from the premises without completing all the acts of execution.
CONTRARY TO LAW with the aggravating circumstance of dwelling.
ELLIOT NESS
CERTIFICATION OF PRELIMINARY INVESTIGATION OR INQUEST
(4) FRUSTRATED MURDER

Plaintiff,
- versus - For : Frustrated Murder
MAMA MATAY,
Accused.
x --------------------------------------------- x
INFORMATION
The undersigned accuses MAMA MATAY of frustrated murder committed as follows:
That on or about 21 August 1996, in Quezon City, the accused did then
and there take a loaded .44 Caliber Magnum pistol, directly aim the same firearm
at the person of VIC TIMA, an invalid septuagenarian, and, at point blank range,
with intent to kill, discharge the firearm twice against the person of said Vic Tima,
inflicting on said Vic Tima two (2) wounds on his chest and stomach, which
wounds would have been fatal had not timely medical assistance been rendered
to the said Vic Tima.
CONTRARY TO LAW with the aggravating circumstances of Evident

Premeditation, use of firearm and disregard of age.
ELLIOT NESS
CERTIFICATION OF PRELIMINARY INVESTIGATION OR INQUEST
FORM NO. 3. MOTIONS
A. Motion to Quash Information82
 Caption and Title

 Parties
 Distinct specification of factual and legal grounds for quashal83
 Relief
 Date
 Signature of counsel
282
1988 Bar Question;
383
Rule 117, section 2 in relation to section 3, 2000 Rules on Criminal Procedure;
Page 29 of 59
 Notice of Hearing
 Affidavit of service

National Capital Region
Branch 90-Quezon City
Plaintiff,
- versus - For : Theft
KLEPTO MANIAC,
Accused.
x ------------------------------------------ x
MOTION TO QUASH
THE ACCUSED, by counsel, respectfully moves to quash the Information for the crime
of theft on the following:
GROUNDS
1. IT CONTAINS AVERMENTS WHICH, IF TRUE, WOULD CONSTITUTE A

LEGAL JUSTIFICATION;
2. THIS COURT IS WITHOUT JURISDICTION.
In support, the accused respectfully states that:
ARGUMENT
The Information alleges that the accused KLEPTO MANIAC is eleven (11) years old and
without any known address. Under Article 12, paragraph 3 of the Revised Penal Code, a
person over nine years of age and under fifteen, unless he acted with discernment, is exempt
from criminal liability.
There is no allegation that the accused acted with discernment. Even granting said
discernment, the accused cannot be tried but instead proceeded against under Article 80 of the
Revised Penal Code, which provides that a minor, unless sixteen years of age at the time of the
commission of a grave or less grave felony, cannot be tried but instead shall have the benefit of
a suspension of all proceedings against him. The duty of the court would be to commit the
minor to the custody or care of a public or private benevolent or charitable institution for the care
and education of homeless and delinquent children or to the custody of the Department of
Social Work and Development.
WHEREFORE, it is respectfully prayed that the Information against the accused be

QUASHED and that the accused be released immediately from detention.
Quezon City; _______________.
(SGD) MITCH MCDEERE

Counsel for the Accused
B. Motion to Quash Search Warrant84
484
Rule 126, sec. 14, 2000 Rules on Criminal Procedure; this is a new pleading expressly
recognized for the first time in the Rules, although it has been used widely in practice and even
acknowledged by the Supreme Court in case law. Please take note that this may be filed in and acted
upon only by the court where the action is filed but if no action has yet been filed, it may be filed with the
court that issued the search warrant. If no resolution has yet been made by the Search Warrant Court by
the time an Information is filed, then the trial court shall resolve the Motion to Quash.
Page 30 of 59

 Distinct Specification of Factual and Legal Grounds for
Quashal
 Failure to comply with form prescribed by law;85
 Served beyond period;86
 More than one offense;87
 No personal determination of probable cause by
Judge;88
 No probable cause;89
 Relief
 Date
(Caption)
Plaintiff,
- versus - Criminal Case No. 00022
For: Libel
VIG CHAN,
Accused.
x ---------------------------------------------- x
MOTION TO QUASH SEARCH WARRANT
The ACCUSED, by counsel, respectfully moves for the quashal of Search Warrant No.
1122 issued by this Honorable Court on and dated 12 July 2000 based on the following
considerations:
1. Rule 126, sec. 10 provides expressly that a search warrant shall be valid for ten (10)
days from its date and that thereafter, it shall be void.
2. Search Warrant No. 1122 is dated 12 July 2000. It was served on the accused on
23 July 2000, the 11th day from its date; this is certified to by the Sworn Inventory and Return
executed by Major Alang Alam, the leader of the searching team (a copy of which is already part
of the records). A search was made on the same day, 23 July 2000; pursuant to said search,
certain objects were seized and delivered to the court. Under the law, the Search Warrant is
void and must, thus, be quashed.
WHEREFORE, it is respectfully prayed that Search Warrant No. 1122 be QUASHED

and all objects seized under its purported authority be declared INADMISSIBLE under the
exclusionary rule in Article III, section 3(2) in relation to section 2.
(SGD.) MA TAPANG
Counsel for Accused
585
Rule 126, sec. 6 in relation to sec. 1 (order in writing in the name of the People, signed by a judge
and directed to a peace officer, commanding him to search for personal property described therein and
bring it to the court) and sec. 4 (particular description of the place to be searched and the things to be
seized);
686
Rule 126, sec. 10, 2000 Rules on Criminal Procedure;
787
88
Id.;
989
Const. (1987), art. III, sec. 2; Rule 126, sec. 4, 2000 Rules on Criminal Procedure;
Page 31 of 59
C. Motion to Suppress Evidence91

 Distinct Specification of Factual and Legal Grounds for
Suppression
 Search without witnesses;92
 Served beyond period;93
 More than one offense;94
 No receipt;95
 No Inventory;96
 Property not subject of seizure;97
 Not evidence in plain view;98
 Relief
 Date

Branch 104-Quezon City

Plaintiff,
- versus - Criminal Case No. 00022

For: Libel
VIG CHAN,
Accused.
x ---------------------------------------------- x
MOTION TO SUPPRESS EVIDENCE UNLAWFULLY SEIZED
The ACCUSED, by counsel, respectfully moves for the suppression of objects seized on
23 July 2001, pursuant to Search Warrant No. 1122 issued by this Honorable Court dated 12
July 2000, based on the following considerations:
[1] Search Warrant No. 1122 was served on the 11th day and is, thus, void.
[2] The motor vehicle seized does not fall within the property that may lawfully be
seized.
Discussion
[1] Search Warrant No. 1122 was

served on the 11th day and is, thus,
void.
090
See Form No. 4, footnote no. 24, supra;
191
Rule 126, sec. 14, 2000 Rules on Criminal Procedure; see note 84, supra;
292
393
494
Const. (1987), art. III, sec. 2 in relation to sec. 3(2); Rule 126, sec. 4, 2000 Rules on Criminal
Procedure;
595
Rule 126, sec. 11. 2000 Rules on Criminal Procedure;
696
797
898
See People v. Doria, 301 SCRA 668 (1999);
Page 32 of 59
1. Rule 126, sec. 10 provides expressly that a search warrant shall be valid for ten (10)
days from its date and that thereafter, it shall be void.
2. Search Warrant No. 1122 is dated 12 July 2000. It was served on the accused on
23 July 2000, the 11th day from its date; this is certified to by the Sworn Inventory and Return
executed by Major Alang Alam, the leader of the searching team (a copy of which is already part
of the records). A search was made on the same day, 23 July 2000; pursuant to said search,
certain objects were seized and delivered to the court. Under the law, the Search Warrant is
void.
3. No valid seizure may be made under a void warrant. For this reason, the following
objects must be suppressed:
[list items]
[2] The motor vehicle seized

does not fall within the
property that may lawfully be
seized.
4. On the occasion of the search, the searching party also “seized” accused’s green
Jaguar XJE with license plate, “No. 1", allegedly for being subject of the offense. Thereafter, it
was impounded and kept at the PNP Motor Pool.
5. The motor vehicle cannot be subject of the offense as accused is charged with libel.
There is no relation between the motor vehicle and libel.
6. Moreover, the motor vehicle is not mala prohibita that would justify a seizure thereof;
neither could there be a seizure of evidence in plain view.
WHEREFORE, it is respectfully prayed that all objects seized under the void Search
Warrant No. 1122 be declared INADMISSIBLE under the exclusionary rule in Article III, section
3(2) in relation to section 2. Furthermore, it is prayed that the Green Jaguar XJE with license
plate “No. 1" be immediately returned to the accused.
(SGD.) MA TAPANG
Counsel for Accused
D. Motion for Bail

 Parties
Specification of grounds for entitlement to bail100
 Relief
 Date

Plaintiff,
99
See Form No. 4, footnote no. 24, supra;
0100
See Rule 114, as amended; however, as bail is generally a matter of right and is only limited and
made discretionary in capital cases, the allegation in this regard would invariably be to the effect that the
evidence of guilt is not strong and the relief prayed for would be a bail hearing and the subsequent
admission to bail.
Page 33 of 59
- versus - For : Murder
NAKA PIIT,
Accused.
x ------------------------------------------ x
MOTION FOR BAIL
THE ACCUSED, by counsel, respectfully moves to be allowed bail on the ground that
the prosecution’s evidence of his guilt is not strong. In support, he respectfully submits the
following:
1. The Information alleges that he raped the private complainant on December 25, 1998
at his residence in Quezon City. The prosecution’s own evidence, however, belies this
allegation as: (a) the medical certificate (attached as ANNEX A to the Information) states that
private complainant is in a virgin state with no physical and outward signs of trauma; (b) the
medical certificate issued by the NBI doctor (attached as ANNEX B to the Information) after a
physical examination of the accused, two (2) days after the alleged rape, shows that he is
suffering from erectile dysfunction and has been so afflicted for close to five (5) years now and
(c) the sworn statements of the private complainant conflict with and contradict each other such
that her credibility must be placed in doubt.
(2) For these reasons, there is no basis to conclude that the accused raped the private
complainant as there is less than circumstantial evidence of this fact. He is, thus, entitled to bail
as a matter of right.
WHEREFORE, it is respectfully prayed that the accused be granted: (1) a bail hearing,
during which the prosecution should be directed to present its evidence to show the strength of
its evidence of the accused’s guilt, and (2) thereafter, grant the accused reasonable bail.
Quezon City; _______________.
(SGD) MITCH MCDEERE
FORM NO. 4: APPLICATION FOR PROBATION
 All the requirements as in ordinary motions

 Grounds for Probation101
 Relief
 Verification by applicant
REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
PASIG-BRANCH 69

Plaintiff,
- versus -
RECY DIVIST,
Accused.
x ---------------------------------------------- x
101
See PD 968, as amended;
Page 34 of 59
APPLICATION FOR PROBATION
THE ACCUSED, by counsel, respectfully applies for probation pursuant to the provisions
of Presidential Decree No. 968, as amended.
In support of this application, the accused respectfully submits the following:
1. Accused-applicant is of legal age and currently gainfully employed at ASN

Broadcasting Corporation located at Timog Avenue, Quezon City. On ________, she pleaded
“guilty” to the offense charged herein; consequently, this Honorable Court in its Order dated 8
March 1999 sentenced accused-applicant to an indeterminate penalty ranging from three (3)
years to five (5) years of prision correccional.
2. Accused-applicant humbly submits that she possesses all the qualifications and none
of the disqualifications enumerated under section 2 of Presidential Decree No. 968, specifically:
2.1. She has not been convicted of any crime against national security or
public order;
2.2. She has not been previously convicted by final judgment of an

offense punishable by imprisonment of not less than one (1) month and one (1)
day and/or a fine of not less than Two Hundred Pesos (P200.00);
2.3. She has not previously applied for nor had been previously placed
under probation under Presidential Decree No. 968.
2.4. She has not started to serve her sentence and, to date, has not filed
any Notice of Appeal from the Order of conviction.
3 Finally, granting this application will not in any way depreciate the seriousness of the
offense charged nor cause any undue risk that during the period of probation, accused-applicant
will commit another crime. Moreover, accused-applicant does not need any correctional
treatment requiring commitment to an institution.
WHEREFORE, accused-applicant respectfully prays that her application for probation be

GRANTED and that she be placed under probation under such terms and conditions necessary
to attain and ensure the objectives of the law and which, under the circumstances, are fair, just
and reasonable in the sound discretion of this Honorable Court.
Quezon City for Pasig City; 12 March 1999.
(SGD) ATTICUS FINCH

Counsel for Accused
Request for and Notice of Hearing
PART THREE: PLEADINGS AND

OTHER LEGAL DOCUMENTS
COMMON TO CIVIL AND CRIMINAL
PROCEDURE
FORM NO. 1 OFFER OF EVIDENCE AND OPPOSITION/COMMENT

TO OFFER
A. FORMAL OFFER OF EVIDENCE

Quezon City-Branch 90
Plaintiff,
Page 35 of 59
- versus -
RECY DIVIST,
Accused.
x ------------------------------------------ x
FORMAL OFFER OF EVIDENCE102
THE PROSECUTION, by the undersigned public and private prosecutors, respectfully

offer their documentary exhibits in support of their case-in-chief:103
1. Exhibit A, the sworn statement of ‘Alang Kaso, the private complainant, and Exhibit
A-1, his signature–to prove that on the date and time stated in the affidavit, the accused issued
a post-dated check in the amount of One Million Pesos (P1,000,000.00) which, on presentment
for payment, was dishonored for lack of insufficient funds; to prove authorship and the
authenticity of the sworn statement; and as part of the testimony of the private complainant.
2. Exhibit B, the post-dated check dated 30 June 1999, issued by the accused in the
amount of One Million Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with
notation “DAIF”; Exhibit B-2, the signature of accused on face of the check–to prove the
issuance of the check, the amount stated, the reason for dishonor and the identity of the issuer.
The marked copies of Exhibits A and B are already part of the record.
WHEREFORE, the prosecution respectfully prays that the foregoing Exhibits be

ADMITTED as proof of the facts therein stated and in support of its case-in-chief and for all
other relevant purposes.
Quezon City; _________________.
[ELLIOT NESS ATTICUS FINCH

Public Prosecutor Private Prosecutor]104
Copy furnished:
MITCH MCDEERE
Counsel for Accused
B. COMMENT/OPPOSITION TO OFFER

Plaintiff,
- versus -
RECY DIVIST,
Accused.
x ------------------------------------------ x
COMMENT ON THE PROSECUTION’S

FORMAL OFFER OF EVIDENCE
2102
Variably and acceptably denominated by others as “Formal Offer of Documentary Exhibits”;
please note that this applies to criminal and civil cases. In criminal cases, the private prosecutor has no
personality to formally offer the evidence, thus, the offer is made in the name of the prosecution.
3103
If the question calls for an Offer of Evidence by the Accused/Defense, then the proper first
paragraph should read: “The Accused (Defendant), by counsel, respectfully offers his/her documentary
exhibits in support of his/her defenses, as follows:” Invariably, the Offer of Evidence is made in table or
column form such that it would be easier for the Court to see the Exhibit No., Description and Purpose
but, for purposes of the Bar, this would not be practicable nor practical. All that is important is that the
Offer contain the Exhibit Number, a description of the Exhibit and the Purpose of Offer.
4104
This is a common mistake for any legal document submitted by a private prosecutor. It is
important to remember that the private prosecutor has no personality to do anything in a criminal case as
everything is under the control and direction of the public prosecutor. Thus, every legal document must
be signed by both the public prosecutor and the private prosecutor. Note that it would also be
acceptable to have the Offer that is prepared by a private prosecutor signed by the
publicprosecutor to show his conformity thereto.
Page 36 of 59
THE ACCUSED, by counsel, respectfully oppose the Prosecution’s Offer of Evidence
for the following reasons:
1. Exhibit A, the sworn statement of ‘Alang Kaso, the private complainant, and Exhibit
A-1, his signature are INADMISSIBLE because the private complainant was never presented to
authenticate the document or subjected to cross-examination, thus, the document is hearsay
and inadmissible.
2. Exhibit B, the post-dated check dated 30 June 1999, issued by the accused in the
amount of One Million Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with
notation “DAIF”; Exhibit B-2, the signature of accused on face of the check are INADMISSIBLE
for violation of the Best Evidence Rule as the original check was never presented; and no basis
for the presentation of secondary evidence laid.
ACCORDINGLY, the ACCUSED respectfully submits that the Prosecution’s Exhibits are
INADMISSIBLE and must, thus, be EXCLUDED.105
Quezon City; _________________.
MITCH MCDEERE
Copy furnished:
ELLIOT NESS
Public Prosecutor
ATTICUS FINCH
Private Prosecutor
FORM NO. 2. DEMURRER TO THE EVIDENCE

A. CRIMINAL CASES

Plaintiff,
- versus - For: Violation of PD 1866
ANAKIN SKYWALKER,
Accused.
x ---------------------------------------- x
DEMURRER TO THE PROSECUTION’S EVIDENCE
THE ACCUSED, by counsel, with leave of court previously obtained,106 respectfully

submits this Demurrer to the Prosecution’s Evidence on the ground that the prosecution has
failed to adduce sufficient evidence of his guilt to overcome the presumption of innocence and
shift the burden of proof:
1. Under the Constitution, the accused is presumed to be innocent until proven guilty.
The effect of this presumption is that it entitles the accused to not say anything in his defense
and places the burden directly on the prosecution to prove everything relative to his guilt. Thus,
the prosecution must rely on the strength of its evidence and not wait for the accused to offer
any defense. It is only in the event that the prosecution, after resting its case, has adduced
sufficient evidence of guilt, that the burden of proof shifts to the accused.
2. The prosecution has failed to adduce sufficient evidence of guilt such as would shift
the burden of proof.
5105
Please note that the purpose of the offer is never objected to, rather it is admissibility of the
documenmt. The purpose of offer goes to weight of the document (unless of course, the objection is
relevance, then purpose may properly be objected to as relevance also determines admissiblity). Any
objections to purpose should be made in the Memorandum and an appropriate reservation to do so may
be stated in the Comment.
6106
Note the requirement of the law that a demurrer in criminal cases may be filed only with leave of
court and that for leave of court to be obtained, the pleading desired to be admitted must already be
attached. Thus, a Motion for Leave of Court to File Demurrer must already have the Demurrer attached.
See Form No. 4 .
Page 37 of 59
2.1. The accused is charged with violation of PD 1866; the gravamen of
the offense is unauthorized possession of a firearm. Concretely, this means that
the prosecution must prove that the accused had no legal authority to possess
any firearm.
2.2. The prosecution has failed to show that the accused had no license
to carry a firearm. The proof of the negative element is indispensable to proof of
a violation of PD 1866. Without proof of this negative element, the crime is not
proven.
3. Absent proof of the negative element, i.e., absence of a license, the offense is not
proven. The accused is innocent; he must, thus, be acquitted.
WHEREFORE, the accused respectfully prays that the Information against him be
DISMISSED and that he be ACQUITTED of the crime charged.
DARTH SIDIOUS
Counsel for the Accused
B. CIVIL CASES
ANAKIN SKYWALKER,
Plaintiff,
- versus -
PADME AMIDALA,
Defendant.
x ---------------------------------- x
DEMURRER TO THE EVIDENCE
DEFENDANT, by counsel, with leave of court previously sought and granted,107

respectfully submits this Demurrer to the Evidence because plaintiff has failed to prove
entitlement to his claims by a preponderance of evidence:
1. This action seeks to collect a sum of money arising from a contract.
2. Plaintiff, after resting his case, has failed to: (a) prove the authenticity of the contract,
(b) the extent of the obligation under the contract, (c) the demandability of the obligation under
the contract and (d) defendant’s liability for the obligation and damages.
3. Consequently, plaintiff has failed to prove his claims by a preponderance of evidence

and defendant is entitled to a dismissal of the Complaint against her.
WHEREFORE, defendant respectfully prays that the Complaint against her be

DISMISSED.
[sgd] OBI WAN KENOBI
7107
Note the difference in the rule between a civil demurrer and a demurrer in criminal cases insofar
as effects of leave of court is concerned. A civil demurrer may be filed with or without leave of court but if
the demurrer is granted and later reversed on appeal, the defendant loses the right to adduce evidence.
See Form No. 4.
Page 38 of 59
FORM NO. 3. NOTICE OF LIS PENDENS108
4th Judicial Region
Antipolo, Branch 71
DAMI LUPA,
Plaintiff,
Civil Case No. 007
- versus -
For:
Reconveyance
ALANG LUPA,
Defendant.
x ----------------------- x
NOTICE OF LIS PENDENS
THE REGISTER OF DEEDS

Antipolo City, Rizal Province
Please take notice that a parcel of land covered by TCT No 1234 located in Antipolo,
Rizal; registered in the name of defendant is the subject matter of an action for reconveyance of
an undivided one-sixth portion thereof filed by DAMI LUPA, above-named plaintiff. Accordingly,
please record this notice on the title.
1 August 1999.
(Sgd) ATTICUS FINCH
Copy furnished:
MITCH MCDEERE, Esq.

FORM NO. 4. APPEARANCE AS COUNSEL109

ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
- versus -
For: Legal
Separation
PADME AMIDALA
x -------------------------------- x
ENTRY OF APPEARANCE

Please enter the appearance of the undersigned as counsel for defendant Padme
Amidala, with her express conformity as indicated below, in this case. Henceforth kindly
address all pertinent notices to the undersigned at the address given below.
8108
1980 Bar Question;
9109
1978 Bar Question;
Page 39 of 59

OBI WAN KENOBI
No. 1, Imzadi Place
Tatooine, Pasig City
WITH MY CONFORMITY:
PADME AMIDALA110
Copy furnished:
DARTH SIDIOUS
FORM NO. 5. WITHDRAWAL AS COUNSEL

ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
- versus -
For: Legal
Separation
PADME AMIDALA
x -------------------------------- x
WITHDRAWAL OF APPEARANCE

Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff
ANAKIN SKYWALKER, with his express conformity as indicated below, in this case.
Henceforth kindly address all pertinent notices to plaintiff at his address given in the Complaint.
MACE WINDU
1 Imperial Palace, Cloud City, Pasig City
WITH MY CONFORMITY:
ANAKIN SKYWALKER
FORM NO. 5-A. WITHDRAWAL AS COUNSEL WITHOUT

CONFORMITY OF CLIENT
WITHDRAWAL OF APPEARANCE

Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff
ANAKIN SKYWALKER due to irreconcilable professional differences with plaintiff, for
0110
This is frequently overlooked but is actually the most important part of the Entry of Appearance
as it indicates to the Court the authority given and the source of such authority.
Page 40 of 59
which reason the express conformity of plaintiff cannot be obtained.111 Henceforth kindly
address all pertinent notices to plaintiff at his address given in the Complaint.
MACE WINDU
1 Imperial Palace, Cloud City, Pasig City
FORM NO. 6. SUBSTITUTION OF COUNSEL

ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
- versus -
For: Legal
Separation
PADME AMIDALA
x -------------------------------- x
SUBSTITUTION OF COUNSEL
THE UNDERSIGNED respectfully enters his appearance as counsel for defendant

Padme Amidala in substitution of former counsel Darth Maul, as shown by her express
conformity below. Henceforth, kindly address all pertinent notices to the undersigned at the
address given below.
OBI WAN KENOBI

2 Corruscant Place
Tatooine Road, Pasig City
WITH MY CONFORMITY:
PADME AMIDALA
FORM NO. 7: NOTICE OF APPEAL112

REGIONAL TRIAL COURT113
Manila-Branch 1
TALO NAN,
Plaintiff,
- versus -
PANA LO,
Defendant.
x------------------------- x
NOTICE OF APPEAL
111
Note that if the client gives express conformity, no reason for withdrawal needs to be given.
However, if withdrawal is without conformity, the court may ask counsel to secure conformity. If
withdrawal is due to fundamental and irreconcilable professional differences, then it must be stated so
that the absence of conformity of the erstwhile client is justified.
2112
1975 Bar Question;
3113
Please note that the Notice of Appeal is filed with the trial court, not the appellate court.
Page 41 of 59
PLAINTIFF, by counsel, respectfully appeals to the Court of Appeals the Decision of this
Honorable Court dated 1 July 1999, a copy of which he received on 10 July 1999, for being
contrary to law and the evidence presented.
Quezon City for Manila; 11 July 1999.
ATTICUS FINCH
Copy furnished:
MITCH MCDEERE
PART FOUR: PLEADINGS AND LEGAL

DOCUMENTS IN DOMESTIC CASES AND SPECIAL
PROCEEDINGS
FORM NO. 1. PETITION FOR HABEAS CORPUS

Makati-Branch 191
IN RE: PETITION FOR HABEAS
CORPUS OF THE MINORS LUKE
AND LEIA SKYWALKER
SP No. 111334
PADME AMIDALA,
Petitioner.
ANAKIN SKYWALKER,
Respondent.
x ------------------------------------------ x
PETITION
1. Petitioner is the mother of the minors Luke and Leia Skywalker, who were born out of
the valid marriage between petitioner and respondent Anakin Skywalker.
2. The marriage failed and petitioner has been living separately from respondent since
the 1999. Sometime in July 1999, respondent, unknown to petitioner, abducted the minor
children and has kept them incommunicado and out of petitioner’s reach.
3. 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 and unjustified.
WHEREFORE, petitioner respectfully prays that a writ of habeas corpus issue directing
respondent to make a return showing his legal authority to detain the minor children, subject of
this petition, and thereafter, present the minor children personally before the Court on a date
and time it chooses.
Quezon City; 1 August 1999.
OBI WAN KENOBI

Counsel for Petitioner
Verification & Certification against Forum Shopping
FORM NO. 2. PETITION FOR ADOPTION
Page 42 of 59
(Caption and title)
PETITION
PETITIONERS, by counsel, respectfully state that:
1. Petitioners are husband and wife, both of legal age, and residents of __________.
2. They have no legitimate children of their own and desire to jointly adopt a minor
named ______________, ___ years old, the legitimate child of _________________.
3. The parents of the minor are not insane, intemperate and are in full possession of
civil capacity; they have not abandoned the minor child. With full knowledge of petitioners’
intention, they have expressly given their written consent to the adoption, as shown by their
statement, a copy of which is attached as ANNEX A.
4. Petitioners are qualified to adopt the minor and are financially capable of supporting
the minor; they are also morally qualified to bring up and educate the said minor.
WHEREFORE, it is respectfully prayed that judgment be rendered in petitioners’ favor

adjudging the minor child _____________ freed from all legal obligations of obedience and
maintenance with respect to his/her natural parents and that he/she be declared to all legal
intents and purposes, the child of herein petitioners and that his/her surname be changed to
that of petitioners.
__________________, __________________.
[sgd] COUNSEL
Verification and Certification against Forum Shopping
FORM NO. 3. PETITION FOR DECLARATION OF NULLITY OF

MARRIAGE WITH APPLICATION FOR PROVISIONAL ORDERS114
[Caption and Title]
1. Petitioner is a Filipino citizen, of legal age and married to respondent. For purposes
of this petition, she may be served with notices and other pertinent processes through counsel
at [address of counsel[.
2. Respondent is a Filipino citizen, of legal age, currently employed at [state employer]

and married to petitioner. He may be served with summons and other pertinent orders and
processes of this Court at [state address]
3. Petitioner and respondent were married on [date] and out of this marriage, they have
[state number of children, respective ages]. A copy of the Marriage Contract executed by
petitioner and respondent is attached as ANNEX A, a copy each of the birth certificates of the
minor children is attached as ANNEX B, C and D, respectively.
4. Petitioner and respondent are currently separated in fact and have been so since
May 1999. The reason for the continuing separation in fact is the breakdown of the marriage
due to both petitioner’s and respondent’s mutual psychological incapacity115 to fulfill and
discharge their respective marital obligations to each other, which existed at the time of the
marriage in 1988 but manifested itself well into the marriage
4114
Under AM No. 02-11-12-SC Proposed Rule on Provisional Orders adopted by the Supreme
Court on March 4, 2003 and which took effect on March 15, 2003, the following provisional orders may be
applied for upon filing of a petition for declaration of nullity of marriage: (a) spousal support [§ 2], (b) child
support [§ 3], (c) child custody [§ 4], (d) visitation rights [§ 5], (e) hold departure orders [§ 6], (f) order of
protection [§ 7] and (g) administration of common property [§ 8].
5115
Note that it may be psychological incapacity only on the part of one party so the allegations may
be tailored to address that situation.
Page 43 of 59
5. The mutual psychological incapacity of the parties to remain married to each other
appears to be incurable; prior to this resort, the parties had attempted formal and informal
counselling sessions all of which proved unproductive as respondent proved resistant and, at
times, even hostile to these efforts.
6. In compliance with jurisdictional requirements, petitioner submitted herself to a

psychological and clinical assessment by a trained professional, Clinical Psychologist [state
name]. Despite several attempts, respondent refuses to agree to any sober and productive
discussion with petitioner and is always highly emotional and angry, it was, thus, impracticable
to secure a psychological report and profile of respondent; should this become material,
petitioner reserves the right to request respondent to submit to a psychological examination for
purposes of confirming the mutual psychological incapacity to remain married to each other.
7. Petitioner’s psychological incapacity is described in clinical terms as being

consistent with a V61.1 Partner Relational Problem and is said to have “Masochistic Personality
Disorder” or “301.9 Personality Disorder Not Otherwise Specified”; on the other hand, the
assessment given by the psychologist of respondent’s psychological make-up is that he has a
“301.20 Schizoid Personality Disorder with narcissistic features” which is described as “grave,
incurable and has antecedents.” The psychological make-up of petitioner and respondent is
explained in greater detail in the Clinical Assessment Report (“Report”) dated December 28,
2001, a copy of which is attached as ANNEX E.
8. Their minor chidren are in petitioner’s custody and are being supported by her
financially and emotionally.
9. Petitioner submits that, despite the parties’ mutual psychological incapacity to

remain married to each other, the interests of the children are best served by having them
remain in her custody, with visitation rights extended to respondent. All of the children are
minors and, under the law, children under seven (7) years of age shall not be separated from
the mother, save for exceptional circumstances which do not exist in this case.116
10. Petitioner cannot, however, provide for all the financial needs of the children as she
is only earning a limited amount of money from her work whereas respondent is gainfully
employed and earns more than enough for his own personal needs. Petitioner earns only (state
amount) from her work as shown by her payslip attached as ANNEX F whereas respondent
earns (state amount) from his work as shown by his payslip attached as ANNEX G. The
common property of petitioner and respondent is insufficient for the support of the children.
Respondent must, thus, be directed to give support to his children in the amount of (state
amount).117
WHEREFORE, petitioner respectfully prays that PROVISIONAL ORDERS for child

custody and child support be issued giving to petitioner custody pendente lite over their minor
children and directing respondent to give monthly support in the amount of (state amount),
subject to any adjustments that may be made based on changing earning capacity as well as
needs.
Petitioner also prays that, after trial, judgment be rendered in her favor by declaring
petitioner to be psychologically incapacitated to comply with the essential obligations of her
marriage to respondent, thus --
[1] Declaring the marriage between petitioner and respondent a nullity and, by
this token, ordering the dissolutin of the conjugal partnership of gains; and
6116
Under the Rule on Provisional Orders, child custody may be sought in a petition for declaration
of nullity where the court considers the best interests of the child as paramount; provisional custody may
be awarded to the following based on the order of preference: (1) to both parents jointly, (2) to either
parent taking into account all relevant considerations, especially the choice of the child, (3) to the
surviving grandparent, or if there are several of them, to the grandparent chosen by the child above seven
years of age unless the grandparent chosen is unfit or disqualified, (4) to the eldest brother or sister over
21 years of age unless unfit or disqualified, (5) to the actual custodian over 21 years of age unless unfit or
disqualified, or (6) to any other person deemed by thecourt suitable to provide proper care and guidance.
§ 4.
7117
Under the Rule on Provisional Orders, child support may also be sought. It must first be taken
from the properties of the absolute community or the conjugal partnership. In the discretion of the court,
either parent or both may be ordered to give an amount necessary for support, maintenance and
education of the child in proportion to the resources or means of the givern and to the needs of the
recipient. Thus, the earning capacity of the parent and the amount needed for support must be alleged.
Page 44 of 59
[2] Awarding permanent custody of the children to petitioner, with express
acknowledgement of respondent’s visitation rights;
[3] Awarding support in the amount of (state amount) subject to adjustments to

be made depending on changes in earning capacity and needs of the children.
All other just and equitable reliefs are also prayed for.
Quezon City; July ____, 2002.
(COUNSEL)
(Verification and Certification against Forum Shopping)
FORM NO. 4. PETITION FOR PROBATE OF A HOLOGRAPHIC

WILL118
San Juan-Branch 300
RE : PROBATE OF THE HOLOGRAPHIC

WILL OF PABLING SIA.,
SP PROC. No. 0023
PALING KERA,
Petitioner,
x ------------------------------------ x
PETITION
1. Petitioner is a Filipino citizen and the widow of the deceased.
2. On __________, PABLING SIA. died; having previously executed a holographic will

in his own handwriting and in a language known to him. A copy of the will is attached as
ANNEX A. The handwriting may be attested to as his by his secretary of long standing, TOM
CRUZ.
2. The deceased left a house and lot located at No. 555, Tuna Road, Marinara
Subdivision, Quezon City and cash amounting to Fifty Thousand Pesos (P50,000); he had no
debts.
3. The deceased’s only heirs are herein petitioner and their son, PABLING SIA JR.,
both of whom are residing at No. 555, Tuna Road, Marinara Subdivision, Quezon City.
WHEREFORE, it is respectfully prayed that after due notice and publication this
Honorable Court fix the date for the probate of the holographic will and that letters of
administration be issued in favor of the herein petitioner and thereafter adjudicate the properties
of the deceased in accordance with the said holographic will.
Quezon City; (date)
(SGD) MITCH MCDEERE
Verification and Certification against Forum Shopping
PART FIVE: DEEDS, CONTRACTS AND

OTHER CORPORATE LEGAL DOCUMENTS
8118
1988 Bar Question;
Page 45 of 59
FORM NO. 1. SPECIAL POWER OF ATTORNEY119
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
I, OBI WAN KENOBI, of legal age, and resident of Tatooine, do hereby name, constitute
and appoint PADME AMIDALA, of legal age, and resident of Naboo, to be my true and lawful
Attorney-in-Fact and in my name, place and stead, do perform the following specific act(s):
(Specify the particular act/s to be performed)
Giving and granting unto said attorney-in-fact power and authority to do every act
necessary and required in connection with these presents, and hereby ratifying and confirming
all that she may do by virtue of these presents.
IN WITNESS WHEREOF, I have signed this Special Power of Attorney this (date) and at
(place).
OBI WAN KENOBI

Principal
SIGNED IN THE PRESENCE OF:
R2D2
C3PO
Acknowledgment
FORM NO. 2. GENERAL POWER OF ATTORNEY

GENERAL POWER OF ATTORNEY
I, OBI WAN KENOBI, of legal age, and resident of Tatooine, do hereby name, constitute
and appoint PADME AMIDALA to be my true and lawful attorney-in-fact, for me and in my
name, place and stead, to do and perform the following acts, to wit:(Specify general acts that
Attorney-in-Fact may do)
Giving and granting unto my said Attorney-in-Fact full power and authority necessary
and required to carry out the acts as fully to all intents and purposes as I might do or lawfully do
if personally present, with power of substitution and revocation, and hereby ratifying and
confirming all that my said attorney-in-fact or his substitute shall lawfully do or cause to be done
under and by virtue of these presents.
IN WITNESS WHEREOF, I have signed this instrument on (date) at (place).
OBI WAN KENOBI

Principal
R2D2
C3PO
Acknowledgment
FORM NO. 3. CONTRACT OF LEASE120
CONTRACT OF LEASE

9119
1986 Bar Question;
0120
1987 Bar Question;
Page 46 of 59
This Agreement made and entered into at Makati this 9th day of August 1999 by and
between DAMI BAHAY, of legal age, married to ASA WA, (LESSOR) and resident of Makati
City, and ALANG BAHAY, of legal age, single and resident of Quezon City (LESSEE),
WITNESSETH that:
1. In consideration of a monthly rental of FIVE THOUSAND PESOS (P5,000.00) and

the covenants made below, the LESSOR hereby LEASES to the LESSEE an apartment
located at 199 San Antonio Village, Makati City covered by Tax Declaration No. 001 (Makati
City Assessor’s Office) for a period of TWELVE (12) MONTHS from signing of this contract.
2. The LESSEE covenants, as follows:
2.1.To pay the rentals on or before the fifth day of each month, without
need of demand at the residence of LESSOR;
2.2. To keep the premises in good and habitable condition, making the
necessary repairs and painting inside and outside the house;
2.3. Not to make major alterations and improvements without the written
consent of the LESSOR and in the event of such unauthorized major alterations
and improvements, surrendering ownership over such improvements and
alterations to the LESSOR upon expiration of this lease;
IN WITNESS WHEREOF, the parties have signed this contract on the date and the
place first mentioned.
DAMI BAHAY
ALANG BAHAY
Lessor
Lessee
With my consent:
ASA WA
Acknowledgment
BEFORE ME, a Notary Public for Makati City, personally appeared on 9th August 1999,
the following persons, with their respective CTC details indicated below:
DAMI BAHAY CTC No. ____________ issued at/on

ALANG BAHAY CTC No. ____________ issued at/on
known to me to be the same persons who executed the foregoing instrument, denominated as a
Contract of Lease consisting of __ pages, signed on each and every page by the parties and
their instrumental witnesses, having acknowledged the same before me as their own free and
voluntary act and deed.
TO THE TRUTH OF THE FOREGOING, witness now my hand and seal on the date and
place mentioned above.
N.O. TARIO
Until December 31, 1999
PTR No. 0000111/1/05/99:Makati City
Doc. No.
Page No.
Book No.
Series of 1999;
FORM NO. 4. HOLOGRAPHIC WILL121
San Juan, Metro Manila

31 July 1999
121
1988 Bar Question;
Page 47 of 59
I hereby execute this holographic will, in my handwriting and in the English
language which I know how to read and write, bequeathing my house and lot
located at No. 555, Tuna Road, Marinara Subdivision, Quezon City to my son,
PABLING SIA JR., and cash amounting to Fifty Thousand Pesos (P50,000) to my
spouse, PALING KERA.
(SGD.) PABLING SIA SR..
FORM NO. 5. ATTESTATION CLAUSE FOR NOTARIAL WILL122

WE, the undersigned witnesses, whose residences are stated opposite our respective
names, do hereby certify that: the testator _________________has published unto us the
foregoing will consisting of ___ pages numbered correlatively in letters on the upper part of
each page, as his/her last will and testament and has signed the same and every page thereof,
on the left margin, in our joint presence and we, in turn, at his/her request have witnessed and
signed the same and every page thereof, on the left margin, in the presence of the testator and
in the presence of each other.
SAKSI 1 Residence
SAKSI 2 Residence
SAKSI 3 Residence
FORM NO. 6. DONATION INTER VIVOS

DEED OF DONATION
This Deed of Donation, made and executed by LALIM BULSA, of legal age,
single/married, and resident of _______________ (“Donor”) in favor of DAMI UTANG, of legal
age, single/married and resident of _________________ (“DONEE”) WITNESSETH:
That the DONOR is the owner of that certain real property with the buildings and
improvements thereon, situated in _________________, and more particularly described in
Original/Transfer Certificate of Title No. ____ of the land registry of _____________, as follows:
(Copy description of property in title)
That for and in consideration of the love and affection which the DONOR has for the
DONEE, the said DONOR, by these presents, transfers and conveys, by way of donation, unto
said DONEE, his/her heirs and assigns, the above described real property with all the buildings
and improvements thereon, free from all liens and encumbrances;
That the DONOR does hereby state, for the purpose of giving full effect to this donation,
that he/she has reserved for himself/herself in full ownership sufficient property to support
him/her in a manner appropriate to his/her needs;
That the DONEE does hereby accept this donation of the above-described property, and
does hereby express gratitude for the kindness and liberality of the DONOR.
IN WITNESS WHEREOF, the DONOR and the DONEE have signed this deed on (date)
and at (place).
LALIM BULSA
Donor
ACCEPTED:
DAMI UTANG
Donee
2122
This applies also to Donations Mortis Causa, which are essentially wills. Not applicable,
however, to donations inter vivos.
Page 48 of 59
MIRON 1
MIRON 2
Acknowledgment
FORM NO. 7. ACKNOWLEDGMENT OF NOMINEE STATUS WITH

ASSIGNMENT OF SHARES
ACKNOWLEDGMENT OF NOMINEE STATUS WITH ASSIGNMENT OF SHARES
I, GEORDI LA FORGE, (“Nominee”), of legal age, and with office address at

__________, hereby acknowledge my status as nominee for WILLIAM RIKER (“the Principal”)
for the purpose of holding title to ___shares of stock in the Enterprise Holdings Inc. (“the
Corporation”). As nominee, I hereby unequivocally confirm that the Principal is the exclusive
and absolute owner of the subject shares. Accordingly, the relationship between the principal
and the nominee with respect to the subject shares is governed by the following terms and
conditions:
1. All dividends, whether cash, stock or property, rights and other privileges,
accruing on the subject share shall be for the account and benefit of the
principal; accordingly, the nominee shall deliver the same to the principal and
whoever the latter may designate.
2. Director’s fees and other amounts received by way of compnesation for

services rendered by the nominee shall be for the account and benefit of the
nominee.
3. The principal shall save the nominee free and harmless from any liability,
whether for unpaid subsrcriptions, taxes or otherwise, that may arise as a result
of the nominee’s holding title to the subject shares for and on behalf of the
principal.
4. The nominee hereby assigns, transfers and conveys the subject shares to the
principal free from all liens and encumbrances and hereby undertakes to
execute the necessary instruments to transfer title over the subject shares to the
principal or to whoever the latter may designate.
5. This acknowledgment of nominee status shall bind the nominee’s heirs,

executors, administrators and other successors-in-interest.
Done this _________________ at ______________________.
GEORDI LA FORGE
Nominee
WITH MY CONFORMITY:
WILLIAM RIKER
Principal
WITNESSES:
UZI 1
UZI 2
Acknowledgment
FORM NO. 8. SECRETARY’S CERTIFICATE

SECRETARY’S CERTIFICATE
I, DEANNA TROI, of legal age, with office address at __________________, on the

basis of the corporate records, do hereby certify that under oath that:
Page 49 of 59
1. I am the Corporate Secretary of ENTERPRISE HOLDINGS INC. (“corporation”), a
corporation duly organized and existing under Philippine laws, with the same office address
given above.
2. At a meeting123 of the Board of Directors of the corporation held on ___________, at

which meeting a quorum was present and obtained throughout, the following resolution(s) was
(were) unanimously approved and adopted:
RESOLVED, that ...................
3. The foregoing resolution has not been revoked, amended or in any manner modified
and accordingly, the same may be relied upon until a written notice to the contrary is issued by
the corporation.
IN WITNESS WHEREOF, I have set my hand to this certification on ____ at

______________.
DEANNA TROI
Corporate Secretary
ATTESTED:
JEAN-LUC PICARD
President
Jurat
FORM NO. 9. BOARD RESOLUTIONS

A. AUTHORITY TO ACT
Board Resolution No. ___
RESOLVED, that Mr. Jean-Luc Picard, as Chairperson and Chief

Executive Officer of Enterprise Holdings be authorized, as he is hereby
authorized, to enter into any and all transactions with the representatives of the
Ferengi Trade Federation , as may prove to be beneficial to the corporation in
his own opinion and determination.
Approved and adopted this ________________ at _____________________.
(Name of Directors)
B. INCREASE IN NUMBER OF DIRECTORS AND NECESSARY

AMENDMENT TO THE ARTICLES OF INCORPORATION 124
Board Resolution No. ___
RESOLVED, by a vote of stockholders representing more than 2/3 of the

subscribed and paid up capital stock, to INCREASE the number of Directors of
the Corporation from five (5) to seven (7) and to AMEND the Articles of
Incorporation to reflect this increase.
Approved and adopted this ________________ at _____________________.
Name of Directors
FORM NO. 10. DEED OF ASSIGNMENT

DEED OF ASSIGNMENT
I, DAMI SHARES, of legal age, Filipino and resident of ________________, for and in
3123
Sometimes, it may be necessary to specify whether the meeting was a special or general
meeting.
4124
1987 Bar Question;
Page 50 of 59
consideration of the sum of ____________________ Pesos (P_____), receipt of which is
hereby acknowledged do hereby assign, cede, transfer and convey unto DAMI LUPA, likewise
of legal age, and resident of ______________, all his/her rights, title, ownership and interest
over its subscription to One Hundred Thousand (100,000) shares of the capital stock of
_________Corporation, including advances due from said corporation. It is, however,
understood that the assignee shall assume any and all unpaid subscription on the said shares.
The assignor hereby irrevocably constitute, name and appoint the assignee to be his/her
true and lawful attorney-in-fact to make representations with the corporate secretary and to
cause the annotation of this assignment in the books of the corporation.
IN WITNESS WHEREOF, the assignor has signed this deed on ____________ at

__________________.
DAMI SHARES
Assignor
MIRON 1
MIRON 2
Acknowledgment
FORM NO. 11. DEED OF SALE OF REGISTERED LAND (unilateral)

Makati City ) s.s.
DEED OF ABSOLUTE SALE
I, MA YA MAN, Filipino, single, and resident of _________________________, for and

in consideration of the amount of _______________________, paid to me today by MA GU
LANG, Filipino, single and resident of ________________ do hereby SELL, TRANSFER and
CONVEY absolute and unconditionally unto said MA GU LANG that certain parcel(s) of land,
together with the buildings and improvements thereon situated in the City of Makati, and more
particularly described as follows:
(Technical Description of property/ies; specify metes and bounds

of the property/ies with approximate area thereof, as indicated on
the face of the title)
of which I am the registered owner in fee simple, my title thereto being evidenced by Transfer
(or Original) Certificate of Title No. ______, issued by the Register of Deeds of Makati City.
It is hereby mutually agreed that the vendee shall bear all expenses for the execution
and registration of this deed of sale.
IN WITNESS WHEREOF, I have signed this deed this __ day of ______________

199__ at Makati City.
MA YA MAN
Vendor
[Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate
this. If vendor is married, then add the following:]
With my consent:
ASA WA
Vendor’s Wife
Page 51 of 59
MIRON 1
MIRON 2
Acknowledgment
FORM NO. 12. DEED OF SALE OF UNREGISTERED LAND (unilateral)

Makati City ) s.s.
DEED OF ABSOLUTE SALE
I, MA YA MAN, Filipino, single, and resident of _________________________, for and

in consideration of the amount of __________, paid to me today by MA GU LANG, Filipino,
single and resident of _______________________ do hereby SELL, TRANSFER and CONVEY
absolute and unconditionally unto said MA GU LANG that certain parcel(s) of land, together
with the buildings and improvements thereon situated in the City of Makati, and more
particularly described as follows:
(Description: state the nature of each piece of land and its improvements,
situations and boundaries, area in square meters, whether or not the
boundaries are visible bon the land by means of monuments or otherwise; and if
they are, what they consist of, the permanent improvements, if any, the page
number of the assessment of each property for current year or years when
registration is made, the assessed value of the property for the year)
It is hereby declared that the boundaries of the foregoing land are visible by means of
_______________; that the permanent improvements existing thereon consist of _________ (if
none, state so); that the land is assessed for the current year at P______________ as per Tax
Declaration No. __________, and the buildings and/or improvements , at P____________ as
per Tax Declaration No. _________, of the City Assessor of Makati.
The above described reasl estate, 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.

MA YA MAN
Vendor
With my consent:
ASA WA
Vendor’s Wife
MIRON 1
MIRON 2
Acknowledgment
FORM NO. 13. DEED OF SALE WITH PACTO DE RETRO (bilateral)

Makati City ) s.s.
DEED OF SALE WITH PACTO DE RETRO
Page 52 of 59
This Deed of Sale with Pacto de Retro made and executed by and between:
MA YA MAN, Filipino, of legal age, married to ASA WA, with

residence at ___________________ (VENDOR),
- and -
MA GU LANG, Filipino, of legal age, married to BA TAPA, with

residence at ____________ (VENDEE);
WITNESSETH: That–
The VENDOR is the absolute owner of a certain parcel of land with all the buildings and
improvements thereon, situated in the City of Makati, and more particularly described, as
follows:
(Copy technical description in TCT/OCT)
his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the
Register of Deeds of Makati;
The VENDOR, for and in consideration of the amount of _________________ Pesos

(P_____), to him paid by VENDEE and receipt of which is acknowledged, does hereby SELL,
TRANSFER and CONVEY under pacto de retro unto the said VENDEE, his heirs and assigns,
the property with all the buildings and improvements thereon, free from all liens and
encumbrances whatsoever;
The VENDOR, in executing this conveyance, hereby reserves the right to

REPURCHASE, and the VENDEE, in accepting the same, hereby obligates himself to RESELL
the property herein conveyed within a period of ____ years from date of this deed for the same
price of ______________ (P____); Provided, however, that if the VENDOR shall fail to exercise
his right to repurchase as herein granted within the period provided, then this conveyance shall
become absolute and irrevocable, without need of a new Deed of Absolute Sale, subject to the
requirements of law regarding consolidation of ownership of real property.

MA YA MAN
MA GU LANG
Vendor
Vendee
With my marital consent:

ASA WA
BA TAPA
MIRON 1
MIRON 2
Acknowledgment
FORM NO. 14. DEED OF REPURCHASE OF LAND SOLD UNDER

PACTO DE RETRO
Makati City ) s.s.
DEED OF RESALE
Page 53 of 59
I, MA GU LANG, Filipino, married, of legal age, and resident of _______________, for
and in consideration of _______________ Pesos (P____), to me paid by MA YA MAN, Filipino,
of legal age, married and resident of ___________________, do hereby RESELL,
RETRANSFER and RECONVEY unto said MA YA MAN that certain parcel of land, with all the
buildings and improvements thereon, situated at Makati City, and more particularly described,
as follows:
(Copy technical description in title)
covered by Transfer (or Original) Certificate of Title No. ____ of the Registry of Deeds of
Makati, and which property was previously sold to under pacto de retro by the said MA YA MAN
on _____________, executed before Notary Public __________ and bearing Notarial
Registration No. ___, Page No. ____, Book No. ____ and Series of 19__ of his Notarial
Register, a copy of which is attached as ANNEX A.

MA GU LANG
Vendor
With my consent:
BA TAPA
Vendor’s Wife
MIRON 1
MIRON 2
Acknowledgment
FORM NO. 15. DEED OF SALE WITH MORTGAGE

Makati City ) s.s.
DEED OF SALE WITH MORTGAGE
This Deed of Sale with Pacto de Retro made and executed by and between:
MA YA MAN, Filipino, of legal age, married to ASA WA, with

residence at ___________________ (VENDOR-MORTGAGEE),
- and -
MA GU LANG, Filipino, of legal age, married to BA TAPA, with

residence at ____________ (VENDEE-MORTGAGOR);
WITNESSETH: That–
The VENDOR-MORTGAGEE is the absolute owner of a certain parcel of land with all
the buildings and improvements thereon, situated in the City of Makati, and more particularly
described, as follows:
(Copy technical description in TCT/OCT)
his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the
Register of Deeds of Makati;
The VENDOR, for and in consideration of the amount of _________________ Pesos

(P_____), to him paid by VENDEE and receipt of which is acknowledged, does hereby SELL,
Page 54 of 59
TRANSFER and CONVEY unto the said VENDEE, his heirs and assigns, the property with all
the buildings and improvements thereon, free from all liens and encumbrances whatsoever;
It is hereby agreed and stipulated that the UNPAID BALANCE OF ____________ Pesos
(P____), of which amount _________________Pesos (P_____) shall be paid by the VENDEE-
MORTGAGOR to the VENDOR-MORTGAGEE at the latter’s residence, as follows:
(State manner of payment)
In order to guarantee the fulfillment of the above obligations, the VENDEE-

MORTGAGOR does hereby MORTGAGE unto the said VENDOR-MORTGAGEE, his heirs and
assigns, the property described, together with all the buildings and improvements thereon,
under the express stipulation that if the said VENDEE-MORTGAGOR shall pay or cause to be
paid unto the VENDOR-MORTGAGEE the obligations, then this Mortgage shall be of no further
force and effect; otherwise, the same shall remain in full force and effect and shall be
enforceable in the manner prescribed by law.

MA YA MAN
MA GU LANG
Vendor
Vendee
With my consent:
With my consent:
ASA WA
BA TAPA
Vendor’s Wife
Vendee’s Wife
MIRON 1
MIRON 2
Acknowledgment
FORM NO 16. DACION EN PAGO (DEED OF ASSIGNMENT OF REAL

ESTATE IN PAYMENT OF DEBT)
DEED OF ASSIGNMENT
This Deed of Assignment, made and executed by and between DAMI UTANG, Filipino,
of legal age, married to ALANG MALAY, with residence at _____________ (ASSIGNOR) and
DAMI LUPA, Filipino, of legal age, married to BIL MOKO, with residence at _______________
(ASSIGNEE), WITNESSETH:
That the ASSIGNOR is indebted to the ASSIGNEE in the sum of ___________ Pesos
(P______) and in full payment and complete satisfaction thereof hereby assign, transfer and
convey unto the ASSIGNEE that certain real estate with all the buildings and improvements
thereon, situated in ___________, and more particularly described as follows:
(Description of property assigned)
of which real estate the ASSIGNOR is the registered owner, his title thereto being evidenced by
Transfer (or Original) Certificate of Title No. ____________ of the Register of Deeds of
_____________.
That the ASSIGNEE does hereby accept this assignment in full payment of the above-
mentioned debt of ______________ Pesos (P_________).
IN WITNESS WHEREOF, the parties have signed this Deed on __________ at

Page 55 of 59
_________________________.
DAMI UTANG
DAMI LUPA
Assignor
Assignee
ALANG MALAY
BIL MOKO
Acknowledgment
FORM NO. 17. CHATTEL MORTAGE125

Makati City ) s.s.
CHATTEL MORTGAGE
That I, DAMI KOTSE, of legal age, married and resident of Makati, for and in
consideration of the loan of FIVE HUNDRED THOUSAND PESOS (P500,000.00), granted to
me by YAMAN NYA, also of legal age, married and resident of Makati, to be paid one (1) year
from date hereof, have transferred and conveyed by way of chattel mortgage unto said YAMAN
NYA, his heirs, successors and assigns, free from all liens and encumbrances that certain
motor vehicle, at present in my possession at my address, more particularly described as:
Model/Make No./Color : BMW 738i (1998),

racing green;
Chassis No. : 00000001111;
Engine No. : 00000001111;
of which I am the true and absolute owner by title thereto, being evidenced by Registration
Certificate of Motor Vehicle No. ______ issued in my name by the Land Transportation Office
on __________________.
This chattel mortgage has been executed in order to secure the full and faithful payment
of my obligation to YAMAN NYA in accordance with the terms and conditions of this instrument;
Upon payment, this contract shall become null and void; otherwise, it shall continue in full force
and effect and may be foreclosed in accordance with law.
IN WITNESS WHEREOF, I have signed this instrument on __________________199_

at Makati City.
DAMI KOTSE
Affidavit of Good Faith126
We severally swear that DAMI KOTSE, mortgagor, and YAMAN NYA, mortgagee, have
executed the foregoing Chattel Mortgage in order to guarantee as good and binding the
obligations mentioned above and is not intended to defraud creditors.
YAMAN NYA
DAMI
KOTSE
Signed in the presence of:
UZI 1
5125
1997 Bar Question;
6126
Please attach this particularly to a chattel mortgage.
Page 56 of 59
UZI 2
Acknowledgment
PART SIX: APPEALS AND OTHER

RESORTS TO APPELLATE COURTS IN
CRIMINAL AND CIVIL PROCEDURE
[1] ORDINARY APPEALS127
CHECKLIST OF REQUIREMENTS:
A. IN CIVIL CASES --
I. From MTC (in original jurisdiction) to RTC (in appellate jurisdiction):128
 15 days from notice of judgment or final order

 Notice of Appeal129
 Parties
 Judgment or final order appealed from
 Material dates showing timeliness of appeal
 Proof of payment of appellate court docket and other lawful fees 130
Memorandum for Appellant and Appellee131
II. From RTC (in original jurisdiction) to CA132

 Notice of Appeal
 Brief for Appellant133
 Subject Index of the matter in brief
 Assignment of Errors
 Statement of the Case
 Statement of the Facts
 Statement of the Issues
 Argument
 Relief
 Copy of judgment or final order appealed from134
 Brief for Appellee135
(Same as supra, except for copy of judgment)
 Appellant’s Reply Brief136
 Memorandum (in special cases)137
 Statement of the Case
 Statement of the Facts
7127
Rules 40, 42, 43, 44, 122;
8128
Rule 40;
9129
Rule 40, sec. 3;
0130
Rule 40, sec. 4;
131
Rule 40, sec. 7;
2132
Rule 41;
3133
Rule 44, secs. 7, 13;
4134
In cases where the record on appeal is not elevated; Rule 44, section 13(h);
5135
Rule 44, secs, 8, 14;
6136
Rule 44, sec. 9;
7137
Rule 44, sec. 10; see SC Administrative Memorandum No. 99-2-04; this may be required in lieu
of Briefs, note the almost identical content.
Page 57 of 59
 Statement of the Issues
 Argument
 Relief
B. IN CRIMINAL CASES --
I. From MTC (as trial court) to RTC (in appellate jurisdiction)138

 Appellant’s Brief/Memorandum
 Appellee’s Brief/Memorandum
II. From RTC (as trial court) to CA139

III. From RTC (as trial court) to SC140

 Notice of Appeal
8138
Rule 122, sec. 1(a);
9139
Rule 122, sec. 1(b), sec. 3(a);
0140
Rule 122, sec. 3(c); the ONLY instance when an ordinary appeal from the RTC is with the
Supreme Court and where resort is made by simple notice of appeal; the only ground is where the penalty
imposed is reclusion perpetua or life imprisonment or where a lesser penalty is imposed but involving
offenses committed on the same occasion or arising out of the same occurrence that gave rise to the
more serious offense for which the penalty of death or life imprisonment/reclusion perpetua is imposed.
Page 58 of 59
[2] PETITIONS FOR REVIEW141
I. From RTC (as appellate court)142 or from quasi-judicial agencies143 to CA
 15 days from notice of judgment or final order  extension of 15

days only144
 Full names of petitioner and respondent

 Statement of Material Averments
 Statement of Issues, Errors of Fact or Law
 Argument
 Verification and Certification against Forum Shopping
 Attachments
 Certified true copy or duplicate original copy of
judgment/final order questioned
 Clear and legible copy of all pleadings and other
material portions of the record
 Proof of Service and Explanation for Service by Registered Mail (if
applicable)145
II. From RTC (on pure questions of law)146 or CA (in appellate jurisdiction) to
SC147
 15 days from notice of judgment or final order  extension of 30

days148
 Names of petitioner and respondent (without impleading the lower

court/judge/justice)
 Material Allegations, Reasons or Arguments for allowance of petition
 Verification and Certification against Forum Shopping
 Attachments
 Certified true copy or duplicate original copy of
judgment/final order questioned
 Clear and legible copy of all pleadings and other
material portions of the record
 Proof of Service and Explanation for Service by Registered Mail (if
applicable)149
e:\myfiles\forms2003
141
Rules 42, 43, 45, 122;
2142
Rule 42;
3143
Rule 43;
4144
Rule 42, sec. 1; Rule 43, sec. 4;
5145
Rule 13, section 13;
6146
See also Rule 122, sec. 1(b);
7147
Rule 45, sec. 4;
8148
Rule 45, sec. 2;
9149
Rule 13, section 13;
Page 59 of 59

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CHECKLISTS & SAMPLE FORMS

IN CIVIL PROCEDURE, CRIMINAL

PROFESSOR THEODORE O. TE**

PART ONE: PLEADINGS AND

FORM NO. 1. COMPLAINT (AND OTHER INITIATORY PLEADINGS)1

A. COMPLAINT FOR EJECTMENT WITH DAMAGES

Regional Trial Court

PLAINTIFF, by counsel, respectfully states that:

5. Defendant’s act of dispossession has caused plaintiff to suffer material injury

Other just and equitable reliefs are also prayed for.

Quezon City; _________________

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

IN WITNESS WHEREOF, I have signed this instrument on _____________.

(SGD.) C.K. HILFIGER

[SUBSCRIBED AND SWORN TO before me this ___ day of ____________, affiant

(SGD.) N.O. TARIO

B. COMPLAINT FOR SUM OF MONEY7

Republic of the Philippines

PLAINTIFF, by counsel, respectfully states that:

6. By reason of defendant’s unreasonable failure or refusal to pay his due and

Other just and equitable reliefs are also prayed for.

Quezon City for Makati; ______________.

(SGD.) ATTICUS FINCH

Add: Verification and Certification Against Forum Shopping

C. COMPLAINT FOR REPLEVIN9

Republic of the Philippines

Plaintiff, by counsel, respectfully states that:

Quezon City for Makati City; ________________.

(SGD.) MITCH MCDEERE

Add: Verification and Certification of Non-Forum Shopping

D. COMPLAINT TO SET PERIOD OF YEARS FOR LEASE10

Republic of the Philippines

PLAINTIFF, by counsel, respectfully states that:

(SGD.) ATTICUS FINCH

Add: Verification and Certification Against Forum Shopping

FORM NO. 2. ANSWER WITH AFFIRMATIVE DEFENSE AND

II. SAMPLE/REPRESENTATIVE FORMS

A. ANSWER WITH COMPULSORY COUNTERCLAIM

Regional Trial Court

DEFENDANT, by counsel, respectfully states that:

5.1. Plaintiff has no capacity to sue as it is a foreign corporation doing

5.2. The Complaint fails to state a cause of action as the Contract of

6.1. Moral Damages amounting to One Million Pesos (PHP1,000,000/00)

6.2. Attorney’s Fees amounting to One Hundred Thousand Pesos

WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by

Other just and equitable reliefs are prayed for.

Quezon City; __________________.

(SGD) MITCH MCDEERE

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING15

IN WITNESS WHEREOF, I have signed this instrument on 27 July 2002.

(Sgd) YOKO NGA

B. ANSWER WITH COUNTERCLAIM AND CROSSCLAIM

See Form No. 2-A, supra, but add--

WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by

(SGD) MITCH MCDEERE

Add: VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

FORM NO. 3. PRE-TRIAL BRIEF17

 Proposed terms for amicable settlement

Republic of the Philippines

DEFENDANT, by counsel, respectfully submits her Pre-Trial Brief, as follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.2.2. Extinguishment of the alleged claim made by the entity Regency

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

[SUBSCRIBED AND SWORN TO before me this _ day of __________, affiant