legal forms final1

7/31/2019 Legal Forms Final1

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DEED OF DONATION OF PERSONAL PROPERTY

KNOW ALL MEN BY THESE PRESENTS:

That I, Matt S. Reyes, of legal age, residing at 123, Ruby St., San Pablo City, inconsideration of natural love and affection and as a pure ?Hact of liberality, hereby donate to my sister, Nicole Reyes, my BMW car sedan Model2003 with Plate No. XXX-111 and color silver, to have and to hold the same unto hersaid motor vehicle, forever and absolutely. She will start possession of said automobileon December 1, 2003, as I will be out of the country by that date for good;

That I, Nicole S. Reyes, of legal age, residing at 123, Ruby St., San Pablo Cityaccepts this donation and hereby extend my sincerest gratitude to my said brother for hisgenerosity and liberality.

IN WITNESS WHEREOF, the parties have hereunto set their hands this 13

th

dayof August, 2003 at the City of San Pablo, Philippines.

Matt Reyes Nicole ReyesDonee Donor

SIGNED IN THE PRESENCE OF:

Midas Marquez Milo Henarez

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES}PROVINCE OF LAGUNA } SSCITY OF SAN PABLO }

BEFORE ME, this 13th day of August, 2003 in the City of San Pablo, Philippines,personally appeared Matt Reyes, exhibiting his Drivers License with no D-16111 issuedat San Pablo City, on June 11, 2001, and Nicole Reyes, exhibiting her GSIS ID with no.GB-234 issued AT Quezon City on May 11, 1998 known to me to be the same personswho executed the foregoing instrument, and they acknowledged to me that the same aretheir free act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarialseal, the day, year, and place above written.

Atty. Edmun C. GalvezNOTARY PUBLIC

My Commission expires Dec. 31, 2003IBP No. 1234, 1/2/2003, San Pablo CityP.T.R. No. 4567, 2/2/2003, San Pablo City

Doc. No. 1;Page No. 2;Book No. 3;Series of 2003.


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CONTRACT OF LEASE


This CONTRACT OF LEASE, made and entered into by and between:

Nicanor R. Reyes, of legal age, married and residing at Brgy. Oval, Makati City, andhereinafter referred to as the LESSOR, and Oliver S. Banal, also of legal age, married andresiding at Brgy. Batong Malake, Makati City, and hereinafter referred to as the LESSEE,

WITNESSETH: That

WHEREAS, the LESSOR is the registered and absolute owner of a house and lot situatedat # 123 Opal St. Makati City;

WHEREAS, the LESSOR is willing to lease said property from the LESSOR under thefollowing terms and conditions:

1. That the lease shall be for a period of one year from December 17, 2002 up toDecember 17, 2003;

2. That the LESSEE shall pay a monthly rental of FIFTY THOUSAND PESOS(P50,000.00), Philippine Currency, payable every 16th day of the month;

3. That the LESSEE upon the signing of this contract shall pay the total amount of ONEHUNDRED FIFTY THOUSAND PESOS (P150,000.00) representing two (2) months depositand one (1) month advance. That the deposit shall not be considered as payment for rental butwill be reimbursed by the LESSOR upon the termination of this contract, unless the leasedproperty suffers damages or the LESSEE has unpaid utility and water bills in which case, saidbills and damages will be paid out of the deposit;

4. That electric and water bills shall be for the account of the LESSEE, the exact amountof which will be based on the electric and water reading for each month;

5. That the leased premises shall be devoted exclusively for residential purposes only;

6. That all improvements to be made or introduced on the premises shall require the priorconsent of the LESSOR and that improvements that can no longer be removed by the LESSEEshall become the property of the LESSOR;

7. That any expenses for repair arising from damage willfully and knowingly caused bythe LESSEE on the premises shall be shouldered by the LESSEE;

8. That under no circumstance will the leased premises be subleased to any other personor entity without the written consent and approval of the LESSOR;

9. That if said premises is not surrendered to the LESSOR at the expiration of the leasecontract, the LESSEE shall be responsible to the LESSOR for all damages which the LESSORmay suffer by reason thereof;

10. That the LESSEE hereby agrees to return the leased premises at the expiration of thecontract in as good a condition as reasonable wear and tear will permit without any delaywhatsoever;

11. That in case the LESSEE shall have arrears in rental payments and unable to pay said

arrears before vacating the premises, the LESSOR shall have the option to take possession of anytangible and valuable property to offset the amount of rental arrears without the need of judicialaction;

12. That in case the leased premises shall be abandoned, vacated or deserted for a periodof one (1) week, without any previous notice to the LESSOR and during the time the LESSEE isin default in the payment of the monthly rental, then under such circumstances the LESSOR can


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consider the leased premises as legally abandoned and may enter the premises and takepossession thereof without prejudice to its right of action against the LESSEE;

13. The LESSOR reserves the right to increase the rental rate by ten (10%) per cent afterone (1) year and the contract is renewed by mutual agreement of the parties;

14. That the LESSEE is obliged to observe cleanliness and maintain peaceful conditioninside and outside the premises;

15. That the LESSEE hereby warrants that he read and understood all the foregoingprovisions of this contract and shall abide by the same, otherwise, any violation will subject theLESSEE to ejectment and other legal sanctions.

IN WITNESS WHEREOF, the parties have hereunto set their hands this 13 th day ofAugust 2002 in the City of Makati, Philippines.

Nicanor R. Reyes Oliver S. Banal

LESSEE LESSOR


Myla Reyes Jorge Javier

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES}CITY OF MAKATI } SS

BEFORE ME, this 13th day of August, 2002 in the City of Makati, Philippines, personallyappeared Nicanor R. Reyes, exhibiting his Drivers License with no D-16111 issued at MakatiCity, on June 11, 2001, and Oliver S. Banal, exhibiting his GSIS ID with no. GB-234 issued atQuezon City on May 11, 1998 known to me to be the same persons who executed the foregoinginstrument, and they acknowledged to me that the same are their free act and deed.

This instrument, consisting of two (2) pages including the page on which thisacknowledgement is written, has been signed on the left margin of each page thereof by NicanorR. Reyes and Oliver S. Banal and their witnesses, and sealed with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, theday, year, and place above written.


My Commission expires Dec. 31, 2002IBP No. 1234, 1/2/2002, San Pablo CityP.T.R. No. 4567, 2/2/2002, San Pablo City

Doc. No. 1;Page No. 2;

Book No. 3;Series of 2002.


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CHATTEL MORTGAGE


This CHATTEL MORTGAGE, made and executed by Nicanor R. Reyes,Filipino, of legal age, single, with residence and post-office address at # 32 Brgy Anos,Los Baos, Laguna hereinafter called the MORTGAGOR, in favor of Ramon S. Galvez,Filipino, of legal age, single, with residence and post-office address at # 24 Diamond St.Batong Malake, Los Baos, Laguna hereinafter called the MORTGAGEE,

witnesseth:

That the MORTGAGOR does hereby convey by way of chattel mortgage unto theMORTGAGEE, the following described personal property, situated and ordinarilypresently in the possession of the said MORTGAGOR, to wit:

Car Model : 4 door sedanMake: Toyota Altis model 2010Plate No.: XXX-111Engine No. 4g92-678

That this CHATTEL MORTAGE is given as security for the payment of theMORTGAGEE, of a certain promissory note, dated January 21, 2011 for the sum of Fourhundred thousand PESOS (P400,000.00) with interest thereon at the rate of twelve % percentum (12%) per annum, according to the terms thereof.

PROMISSORY NOTE

PhP 400,000.00

FOR VALUE RECEIVED, I promise to pay to the order of Ramon S. Galvez thesum of Four Hundred Thousand (PhP 400,000.00), Philippine Currency, on or beforeDecember 31, 2011 at his residence at # 24 Diamond St., Batong Malake, Los Baos,Laguna. Failure on my part to comply with this promise on the date aforementioned shallsubject the above principal to interest at the rate of 1 % per month and should thecollection be made with the services of a lawyer, then the same shall further be subject to20% attorney's fees. In the event that a case for collection of the sum of money abovestated be filed, the principal shall earn further interest at the rate of 12%, plus cost of suitand other expenses.

January 21, 2011 at Los Baos, Laguna, Philippines.

NICANOR R. REYES

That the condition of this CHATTEL MORTGAGE is such that if the saidMORTGAGOR, his heirs, executors, or administrators shall well and truly perform thefull obligation above stated according to the terms thereof, this CHATTEL MORTGAGEshall be null and void, otherwise, it shall remain in full force and effect and shall beenforceable in the manner provided by law.


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IN WITNESS WHEREOF, the MORTGAGOR has hereunto set his hand this22nd day of January, 2011, in Los Baos, Laguna, Philippines.

__________________________ _____________________________Nicanor R. Reyes Ramon S. Galvez


Myla Reyes Jorge Javier

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES}

PROVINCE OF LAGUNA } SSMUNICIPLAITY OF LOS BAOS}

BEFORE ME, this 22nd day of January 2011, in the Municipality of Los Baos,Philippines, personally appeared Nicanor R. Reyes, exhibiting his Drivers License with no D-16111 issued at Makati City, on June 11, 2001, and Ramon S. Galvez exhibiting his GSIS IDwith no. GB-234 issued at Quezon City on May 11, 1998 known to me to be the same personswho executed the foregoing instrument, and they acknowledged to me that the same are their freeact and deed.

This instrument, consisting of two (2) pages including the page on which thisacknowledgement is written, has been signed on the left margin of each page thereof by Nicanor

R. Reyes and Ramon S. Galvez and their witnesses, and sealed with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, theday, year, and place above written.


My Commission expires Dec. 31, 2011IBP No. 1234, 1/2/2002, Los BaosP.T.R. No. 4567, 2/2/2002, Los Baos



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AFFIDAVIT OF GOOD FAITH

We, the undersigned MORTGAGOR and MORTGAGEE, severally swear thatthe foregoing chattel mortgage is made and executed for the purpose of securing theobligation specified therein, and for no other purpose, and that the same is a just and valid

obligation, and one not entered into for the purposes of fraud.

__________________________ _____________________________Nicanor R. Reyes Ramon S. Galvez

SUBSCRIBED AND SWORN to before me this 22nd day of January 2011 in theMunicipality of Los Baos, Laguna, Nicanor R. Reyes, exhibiting his Drivers License withno D-16111 issued at Makati City, on June 11, 2001, and Ramon S. Galvez exhibiting his GSISID with no. GB-234 issued at Quezon City on May 11, 1998.


My Commission expires Dec. 31, 2011IBP No. 1234, 1/2/2002, Los BaosP.T.R. No. 4567, 2/2/2002, Los Baos



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REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURTBranch I, Manila

Juan de la CruzPlaintiff,-Civil case no. 11111

vs For replevinJohn DoeDefendant.

x--------------------------------X

COMPLAINT

COMES NOW, the Plaintiff, through the undersigned counsel, and to this HonorableCourt alleges:

1. That Plaintiff is of legal age, single and a resident of 311 P. Casal St., Quiapo, Manila,

while defendant is an American citizen, residing at Room 1024, Manila Hotel, where he

may be served with Summons;

2. That plaintiff is the registered owner of a motor vehicle described as a Mitsubishi

Lancer, model 1984, with Plate No. DAY-203;

3. That on October 11, 1986, defendant rented from plaintiff said Lancer car for a week

from October 11 to 18, 1986;

4. That on October 20, 1986, and for the next three (3) days thereafter, plaintiff

demanded from defendant the return of the said car; but defendant avoided returning the

car by giving one reason or another;

5. That said car has not been taken for a tax assessment or fine pursuant to law, or seized

on execution or attached;

6. That the value of the said car is P590,000;

7. That plaintiff is ready and willing to give bond executed to the defendant in double the

value of the property for the return of the property to the defendant should be adjudged,

or for the payment of such sum that defendant may recover from plaintiff in the action.

WHEREFORE, plaintiff prays that:

1. The sheriff or other proper officer be ordered to take possession of the car and dispose

of it in accordance with the Rules of Court;


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2. After hearing, judgment be rendered declaring that plaintiff is entitled to the possession

of the car or, should this prove unavailing, sentencing defendant to pay the value of the

car.

Manila, December 3, 1986.

ATTY. ASUNTOXYZ Building, Manila

IBP No. 12345; 1/3/1986;ManilaPTR No.61879; 2/2/1986;

Manila Roll of Attorneys No. 12344

VERIFICATION AND CERTIFICATIONJUAN DELA CRUZ subscribing under oath, hereby deposes and states that: He is

a petitioner in this case. He has read the foregoing petition, and the allegations containedtherein are true and correct of his own knowledge and/or based on authentic records. Heattests to the authenticity of the annexes thereof.

Petitioner has not commenced any other action or proceeding involving the sameissues in the Supreme Court, the Court of Appeals, or different Divisions thereof, or anyother tribunal or agency; No such action or proceeding is pending in the Supreme Court,the Court of Appeals or different Divisions thereof, or any other tribunal or agency; Ifpetitioner should learn that a similar action or proceeding has been filed or is pendingbefore the Supreme Court, the Court of Appeals, or different Divisions thereof, or anyother tribunal or agency, he hereby undertakes to notify this Honorable Court within 5days therefrom.

_________________JUAN DELA CRUZ

SUBSCRIBED AND SWORN to before me this 3rd day of December 1986 in the City ofManila, affiant exhibiting to me his GSIS ID with no. GT 345 issued at Quezon City onJanuary 12, 1980.

_________________MARIA A. SANTOS

Notary PublicMy Commission Expires Dec. 31, 1986IBP No. 111, 1/16/1986, ManilaPTR No. 222, 1/2/1986, Manila

Doc. No. 1Page No. 2Book No. 3Series of 1986


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REPUBLIC OF THE PHILIPPINES )CITY OF MANILA ) SS

AFFIDAVIT FOR REPLEVIN

I, JUAN DELA CRUZ, of legal, single, and resident of 311 P. Casal St., Quiapo, Manila,

after being sworn in accordance with law depose and say:

1. That I am the plaintiff in an action for the delivery of personal property against the

defendant, entitled JUAN DELA CRUZ versus JOHN DOE (Civil Case No. 11111) in

the Regional Trial Court of Manila, Branch 1;

2. That I am the owner of said property, particularly described as follows, to wit:Mitsubishi Lancer model 1984, with Plate No. DAY-203;

3. That the said personal property is wrongfully detained by the defendant without any

lawful cause whatsoever;

4. That the said personal property has not been taken for a tax assessment or fine pursuant

to law, or seized under an execution, or an attachment against the property of

the plaintiff;

5. That the actual value of the said property is FIVE HUNDRED NINETY THOUSAND

(P 590,000.00).

6. That affiant is willing to file a bond double the actual market value of the property.

FURTHER AFFIANT SAYETH NAUGHT.

City of Manila, Philippines, December 4, 1986.

JUAN DELA CRUZAffiant

VERIFICATION

JUAN DELA CRUZ, subscribing under oath, hereby deposes and states that:

I am the petitioner in the instant case.

I have read the foregoing Petition and the allegations therein are true and correctof my own knowledge and/or based on the records on hand.

I attest to the authenticity of the annexes thereof.

_________________JUAN DELA CRUZ


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SUBSCRIBED AND SWORN to before me this 4th day of December 1986 in the City ofManila, affiant exhibiting to me his GSIS ID with no. GT 345 issued at Quezon City onJanuary 12, 1980.

_________________MARIA A. SANTOSNotary Public

My Commission Expires Dec. 31, 1986IBP No. 111, 1/16/1986, ManilaPTR No. 222, 1/2/1986, Manila



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METROPOLITAN TRIAL COURTManila, Branch 1

Juan dela CruzPlaintiff,CIVIL CASE NO. 1234

-versus- For: Ejectment

Jose ReyesDefendant.

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

COMPLAINT

COMES NOW the Plaintiff in the above entitled case, through counsel, and tothis Honorable Court alleges;

I

That the plaintiff is of legal age and a resident of the City of Manila; that

defendant is likewise of legal age, residing at No. 2 Cruz Street, Manila and may be

served with summons at said address;

II

That defendant on January 7, 2001, leased from the plaintiff the premises located

at No. 7 Cruz Street, Manila, agreeing to pay monthly rental of P 1, 000.00

III

However, defendant failed to pay the aforesaid monthly rentals on their due dates,

such that as of the date hereof, his arrearages have accumulated up to P 3,000;

IV

That on March 7, 2001, demands was made on defendant to pay his rental in

arrears and vacate the premises, but despite said demands, written and oral, defendant

failed and refused to pay the rentals in arrears and vacate the premises leased by him;

V

As a result, plaintiff was constrained to institute this case, incurring in the process

obligations for litigation expenses and attorneys fees in the amount of 10,000.00 Pesos


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PRAYER

WHEREFORE, it is respectfully prayed that judgment be rendered against the

defendant ordering him:

1. To vacate the premises leased by him;

2. To pay the monthly sum of P1,000.00 beginning with the month of January 7,

2001, with interest thereon at the legal rate until fully paid until the defendant

vacates said premises;

3. To pay the sum of PhP 10,000.00 as litigation expenses and attorneys fees.

4. Plaintiff further prays for such other reliefs as this Court may deem just andequitable.

Manila, Philippines, May 1, 2001.




VERIFICATION AND CERTIFICATION

JUAN DELA CRUZ subscribing under oath, hereby deposes and states that: He isa petitioner in this case. He has read the foregoing petition, and the allegations containedtherein are true and correct of his own knowledge and/or based on authentic records. Heattests to the authenticity of the annexes thereof.

Petitioner has not commenced any other action or proceeding involving the sameissues in the Supreme Court, the Court of Appeals, or different Divisions thereof, or anyother tribunal or agency; No such action or proceeding is pending in the Supreme Court,the Court of Appeals or different Divisions thereof, or any other tribunal or agency; Ifpetitioner should learn that a similar action or proceeding has been filed or is pendingbefore the Supreme Court, the Court of Appeals, or different Divisions thereof, or anyother tribunal or agency, he hereby undertakes to notify this Honorable Court within 5days therefrom.

________________JUAN DELA CRUZ


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SUBSCRIBED AND SWORN to before me this 2nd day of May 2001 in the City ofManila, affiant exhibiting to me his GSIS ID with no. GT 345 issued at Quezon City onJanuary 12, 1980.

_________________

MARIA A. SANTOSNotary PublicMy Commission Expires Dec. 31, 2001IBP No. 111, 1/16/1986, ManilaPTR No. 222, 1/2/1986, Manila



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METROPOLITAN TRIAL COURTQuezon City, Branch 1

Juan dela CruzPlaintiff,

CIVIL CASE NO. 1234-versus- For: Collection of sum of money

Jose ReyesDefendant.

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

COMPLAINTCOMES NOW the plaintiff, by the undersigned counsel, and to this Honorable

Court, respectfully alleges:

1. That the plaintiff is of legal age, Filipino citizen and resident of No.7 Agoo Street,Quezon City and the defendant is also of legal age, Filipino citizen and a resident

of No. 19 Dagupan Street, Quezon City where he may be served with summons;

2. That on or about January 1, 1983, defendant obtained a loan of P 20,000.00 fromthe plaintiff payable within 90 days from date of receipt at 12% per annum;

3. That said loan, now overdue, is evidenced by a promissory note signed by thedefendant, a copy of which is hereto attached as annex A and made part of this

complaint;

4. That despite repeated demands, both written and oral, defendant has failed andrefused to apply said loan;

5. That due to the unjust and unlawful act of the defendant to comply with the saiddemands, the plaintiff was compelled to institute this action engaging the services

of counsel in the amount of P10,000.00

WHEREFORE, it is respectfully prayed that judgment be rendered against the

defendant to pay the plaintiff the sum of P20,000.00 plus interest of 12% from the date of

the instrument until full amount is paid and attorneys fees in the amount of P10,000.00

and costs of the suit.

Other equitable reliefs are likewise prayed for.


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January 11, 1991, Quezon City.

ATTY. ASUNTO

XYZ Building, ManilaIBP No. 12345; 1/3/1986;ManilaPTR No.61879; 2/2/1986;


VERIFICATION AND CERTIFICATION

JUAN DELA CRUZ subscribing under oath, hereby deposes and states that: He isa petitioner in this case. He has read the foregoing petition, and the allegations containedtherein are true and correct of his own knowledge and/or based on authentic records. He

attests to the authenticity of the annexes thereof.Petitioner has not commenced any other action or proceeding involving the same

issues in the Supreme Court, the Court of Appeals, or different Divisions thereof, or anyother tribunal or agency; No such action or proceeding is pending in the Supreme Court,the Court of Appeals or different Divisions thereof, or any other tribunal or agency; Ifpetitioner should learn that a similar action or proceeding has been filed or is pendingbefore the Supreme Court, the Court of Appeals, or different Divisions thereof, or anyother tribunal or agency, he hereby undertakes to notify this Honorable Court within 5days therefrom.

_________________JUAN DELA CRUZ

SUBSCRIBED AND SWORN to before me this 12th day of January 1991 in the City ofQuezon, affiant exhibiting to me his GSIS ID with no. GT 345 issued at Quezon City onJanuary 12, 1980.

_________________MARIA A. SANTOS

Notary PublicMy Commission Expires Dec. 31, 1991IBP No. 111, 1/16/1986, Quezon CityPTR No. 222, 1/2/1986, Quezon City



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REPUBLIC OF THE PHILIPPINESNational Capital Judicial Region

METROPOLITAN TRIAL COURTBranch 39, Quezon City

LAKI ASSEST COMPANY,Plaintiff,Civil case no. 3333For sum of money

-versus-

DAMI UTANG CORPORATION,Defendant.

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

MOTION TO DISMISSDEFENDANT, by counsel, respectfully moves to dismiss the Complaint on the

ground that the Complaint fails to state any cause of action as (1) THE OBLIGATION

TO BE ENFORCED BY PLAINTIFF IS NOT YET DUE AND DEMANDABLE, as

shown by the following:

1. Alleged, plaintiff has failed to reach the quotas agreed upon under the

Marketing Agreement dated 1 January 2012; defendant now seeks to collect the sum of

TWO HUNDRED THOUSAND PESOS (P 200,000.00), 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 the same period to reach

the quota specified therein; the period of one (1) year has not expired. Consequently,

plaintiffs 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, plaintiffs 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.

Other just and equitable reliefs are also prayed for.

Quezon City: 13 April 2012





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Request for notice of hearing

THE BRANCH CLERK OF COURTMETROPOLITAN TRIAL COURTBranch 39, Quezon City

Please submit the foregoing Motion to the Court for its consideration and approval;immediately upon receipt hereof and kindly include the same in the courts calendar forhearing on Friday, 27 April 2012 at 8:30 in the morning


NOTICE OF HEARING

Perez & Matias Law Offices

49 Dapitan St. , Sampaloc Mla.Counsel of the adverse party

Please take notice that the counsel has requested to be heard on Friday 27, April 2012 at8:30 in the morning


EXPLANATION AS TO SERVICE

Copy of this Motion to Dismiss was served the counsel for plaintiff thruregistered mail. Personal service cannot be effected due to time, distance and manpowerconstraints, the same is not practicable.


Copy Furnished:

Perez & Matias Law Offices49 Dapitan St. , Sampaloc Mla.Counsel of the adverse party


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REPUBLIC OF THE PHILIPPINESMETROPOLITAN TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGIONBRANCH 39, Quezon City

Juan dela CruzPlaintiffVs. Civil Case no. 3456

For : Ejectment

Roel J. RiveraDefendantx--------------------------x

MOTION FOR POSTPONEMENT

PLAINTIFF, by counsel respectfully states that:

1. This case is set for trial on 5 May 2007 at 8:30 in the morning2. 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 RTC of Makati, Branch 139 for PP vs Bil Moko, Criminal case no.

00999888, where he is scheduled to terminate cross-examination of the

prosecutions expert witness who will be available only on said date and time.

3. Without impugning the importance of these proceedings, plaintiff respectfullysubmits 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, May

2007 be POSTPONED to another date convenient to this honorable court.






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THE BRANCH CLERK OF COURTMETROPOLITAN TRIAL COURTBranch 39, Quezon City



NOTICE OF HEARING

Perez & Matias Law Offices49 Dapitan St. , Sampaloc Mla.

Counsel of the adverse party




Copy of this Motion for Postponement was served the counsel for plaintiff thruregistered mail. Personal service cannot be effected due to time, distance and manpowerconstraints, the same is not practicable.


Copy Furnished:



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REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGIONBRANCH 39, Quezon City

Juan dela CruzPlaintiff

Vs. Civil Case no. 3456For : Collection of Sum of Money

Roel J. RiveraDefendantx--------------------------x

MOTION TO DECLARE DEFENDANT IN DEFAULT

PLAINTIFF, by counsel respectfully states that:

1. Plaintiff filed this complaint against defendant on March 1, 2007; summons wereserved on defendant on March 20, 2007, as indicated by the Sheriffs Return on

given date, a copy of which is attached as annex A.

2. Defendants reglementary period to file an answer ended on 5 April 2007; nomotion for extension of such time was filed no was any granted motu propio by

this honorable court despite 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.






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THE BRANCH CLERK OF COURTREGIONAL TRIAL COURTBranch 39, Quezon City

Please submit the foregoing Motion to the Court for its consideration and approval;immediately upon receipt hereof and kindly include the same in the courts calendar for

hearing on Friday, 27 April 2007 at 8:30 in the morning


NOTICE OF HEARING

Perez & Matias Law Offices49 Dapitan St. , Sampaloc Mla.

Counsel of the adverse party




Copy of this Motion to declare Defendant in Default was served the counsel forplaintiff thru registered mail. Personal service cannot be effected due to time, distanceand manpower constraints, the same is not practicable.


Copy Furnished:



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Juan dela Cruz,Plaintiff,Criminal case no. 3333

for rape-versus-

Simon G. Agustin,Accused.

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

MOTION FOR BAILTHE ACCUSED, by counsel, respectfully moves to be allowed on the ground that

the prosecutions evidence of his guilt is not strong. In support, he respectfully submits

the following:

1. The information alleges that he raped private complainant on 25 December2005 at his residence in Quezon city. The prosecutions 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 days after the alleged rape, shows

he is suffering from erectile dysfunction and has been so afflicted for close to

five years now and (c) the sworn statements of the private complainant

conflicts with and contradict each other such that her credibility must be

placed in doubt.

2. For these reason, there is no basis to conclude that the accused raped theprivate 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 w/c the prosecution should be directed to present its evidence to show the


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strength of its evidence of the accuseds guilt, and thereafter, grant the accused

reasonable bail.

Other just and equitable reliefs are also prayed for.






THE BRANCH CLERK OF COURTREGIONAL TRIAL COURTBranch 39, Quezon City



NOTICE OF HEARING





Copy of this Motion for Bail was served the counsel for plaintiff thru registeredmail. Personal service cannot be effected due to time, distance and manpower constraints,the same is not practicable.


Copy Furnished:



24/34



Juan dela Cruz,Plaintiff,Criminal case no. 3333For : Acts of Lasciviousness

-versus-


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

INFORMATION

The undersigned, Assistant Prosecutor, upon sworn complaint originally filed by

the offended party, accuses Simon Agustin of the crime of an ACT OF

LASCIVIOUSNESS, committed as follows, to wit:

That on or about 10 am on January 23, 2007, in the City of Quezon, Philippines,

within the jurisdiction of this Court, the said accused, actuated by lust, did then and there,

willfully, unlawfully, and feloniously, commit an act of lasciviousness upon the

undersigned by then and there embracing and kissing her and touching her breasts and

sexual organs, against her will, and by means of force.

Contrary to law

Quezon City, February 12, 2007

ATTY. Edmund S. ReyesAssistant City Prosecutor

WITNESSES:

Myla S. Reyes

Dennis A. Padilla

BAIL RECOMMENDED: PhP 50,000.00

CERTIFICATION

A preliminary investigation has previously been conducted in this case under mydirection, having examined the witnesses in accordance with the provisions of R.A. No.


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5180, as amended by P.D. No. 77, Dec.6, 1972 and P.D. 911, March 23, 1976 and asimplemented by Dept. of Justice Circular No. 74, series of 1967 and Circular No. 23,series of 1975.


SUBSCRIBED AND SWORN to before me this 12th day of February 2007 in theCity of Quezon, Philippines, by ATTY. EDMUND S. REYES, assistant fiscal of QuezonCity.

OSCAR O. ORBOSJudge, MTC of Quezon City


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Juana dela Cruz,Plaintiff,Criminal case no. 3333For : Abduction with consent

-versus-


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

INFORMATION

The undersigned, provincial fiscal,upon sworn complaint originally filed by the

offended party, accuses Simon G. Agustin of the crime of Abduction with Consent,

committed as follows:

That on or about 23 January 2011 in the City of Quezon, Philippines, within the

jurisdiction of this court, the said accused willfully, unlawfully, and feloniously removed,

took and carried away Juana dela Cruz, a virgin over twelve and under eighteen years

of age, from her dwelling with her consent and with lewd designs.

Contrary to law:

Quezon City, February 12, 2012


WITNESSES:

Myla S. Reyes

Dennis A. Padilla


CERTIFICATION

A preliminary investigation has previously been conducted in this case under mydirection, having examined the witnesses in accordance with the provisions of R.A. No.5180, as amended by P.D. No. 77, Dec.6, 1972 and P.D. 911, March 23, 1976 and as


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implemented by Dept. of Justice Circular No. 74, series of 1967 and Circular No. 23,series of 1975.

ATTY. Edmund S. Reyes

Assistant City Prosecutor


OSCAR O. ORBOSJudge, MTC of Quezon City


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REGIONAL TRIAL COURTBranch 39, Quezon City

Juan dela Cruz,Plaintiff,Criminal case no. 3333

For : Serious Illegal Detention/kidnapping-versus-


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

INFORMATION

The undersigned assistant prosecutor accuses Simon Agustin of the crime of

SERIOUS ILLEGAL DETENTION ( or KIDNAPPING), committed as follows:

That about and during the period beginning from the 4th day of January 2009, in

the city of Quezon, Philippines, and within the jurisdiction of this Honorable Court, said

accused, suspecting that one Juan dela Cruz had knowledge of the elopement of her

sister, did then and there willfully, unlawfully, feloniously and by force, take said

plaintiff, a man 50 years of age, while the latter was walking in Quezon Boulevard,

whom said accused detained and kept locked in his room from 5th January to February 5,

2009, or a period of 30 days, under restraint and against the will of the said plaintiff, and

said accused did, during said period of detention, maltreat and refuse to release said

plaintiff until the sister of the accused was found.

Contrary to law.


WITNESSES:

Myla S. Reyes

Dennis A. Padilla



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CERTIFICATION

A preliminary investigation has previously been conducted in this case under mydirection, having examined the witnesses in accordance with the provisions of R.A. No.

5180, as amended by P.D. No. 77, Dec.6, 1972 and P.D. 911, March 23, 1976 and asimplemented by Dept. of Justice Circular No. 74, series of 1967 and Circular No. 23,series of 1975.



OSCAR O. ORBOSJudge, RTC of Quezon City


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LEGAL FORMS

Submitted by: Submitted to:

VIRGILIO A. TIONGSON, JR. ATTY. ALICIA L. EMPEO


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DEEDS andCONTRACTS


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MOTIONS


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INFORMATIONS


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COMPLAINTS

legal forms final1

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