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LEGAL ETHICS AND FORMS REVIEWER TABLE OF CONTENTS

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LEGAL FORMSTable of Contents

Part I. Parts Common to Forms ..................108A. Scilicet ...............................................108B. Captions and Titles ...........................108C. Prayer................................................109D. Statements Under Oath ....................109

1. Acknowledgement and Jurat ........1092. Verification ....................................1113. Certification against Forum Shopping

......................................................1124. Verified Statement of Material Dates

1135. Specific Denial of Due Execution of

Actionable Documents..................114E. Request for and Notice of Hearing....114F. Proof of Service.................................115

1. Proof of Personal Service .............1152. Proof of Service by Registered Mail

(with Explanation for failure to servepersonally) ....................................115

G. Place, Date, Signature, Address, RollNumber, IBP Receipt Number, PTRNumber, etc.......................................116

H. Notice of Appeal................................117

Part II. Pleadings in Civil Procedure .........118A. Complaint ..........................................118B. Answer ..............................................120D. Pre-Trial Brief ....................................122E. Motions..............................................124E. Special Civil Actions..........................132

1. Certiorari.......................................1322. Prohibition ....................................1333. Mandamus....................................1344. Interpleader ..................................1355. Action to Quiet (or Remove Cloud on)

Title...............................................1366. Action for Declaratory Relief ........1377. Quo Warranto...............................138

Part III. Pleadings and Other LegalDocuments in Criminal Procedure .............139

A. Complaint-Affidavit and Counter-Affidavit..............................................139

B. Information and Complaint ................142C. Motions..............................................145

1. Motion to Quash Information........1452. Motion to Quash Search Warrant 1463. Motion to Suppress Evidence ......1474. Motion for Bail ..............................148

D. Application for Bail ............................149

IV. Pleadings and Other Legal DocumentsCommon to Civil and Criminal Procedure.150

A. Offer of Evidence andOpposition/Comment to Offer ...........150

B. Demurrer to Evidence .......................152C. Notice of Lis Pendens .......................154D. Appearance and Withdrawal as Counsel

......................................................154E. Substitution of Counsel .....................156

Part V. Pleadings in Cases and SpecialProceedings..................................................157

A. Petition for Habeas Corpus...............157B. Petition for Adoption..........................158C. Petition for Declaration of Nullity of

Marriage............................................158D. Petition for Probate of Holographic Will ..

......................................................160

Part VI. Deeds, Contracts and Other LegalDocuments....................................................161

A. General Power of Attorney................161B. Special Power of Attorney.................162C. Contract of Lease..............................163D. Holographic and Notarial Will ...........164E. Donation Inter Vivos..........................166F. Secretary’s Certificate.......................167G. Board Resolutions.............................167H. Deed of Assignment..........................168I. Deed of Sale .....................................168J. Dacion En Pago ................................173K. Chattel Mortgage ..............................174

Part VII. Appeals and Other Modes ofReview 175

A. Ordinary Appeals in Civil Cases .......175B. Ordinary Appeals in Criminal Cases.175C. Petitions for Review ..........................176

Part VIII. Forms Relevant to the Writs ofAmparo and Habeas Data ...........................177

A. Amparo..............................................177B. Writ of Habeas Data..........................180

Glossary of Uncommon Terms...................183

LEGAL ETHICS AND FORMS REVIEWER Part I. PARTS COMMON TO FORMS

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NOTE THE BASIC DIFFERENCE BETWEEN:

MOTIONS :: applications to the court for an(interlocutory or interim) order (for the adverseparty or for third parties to do something)

PLEADINGS :: written statements of therespective claims and defenses of the partiessubmitted to the court for appropriate judgment└ seek final reliefs

Part I. Parts Common to Forms

A. SCILICETB. CAPTIONS AND TITLESC. PRAYERD. STATEMENTS UNDER OATH

1. Acknowledgement and Jurat

2. Verification

3. Certification against Forum Shopping

4. Verified Statement of Material dates

5. Specific Denial of Due Execution ofActionable Documents

E. REQUEST FOR AND NOTICE OF HEARINGF. PROOF OF SERVICE

1. Proof of Personal Service2. Proof of Service by Registered Mail

G. PLACE, DATE, SIGNATURE, ADDRESS, ROLLNUMBER, IBP RECEIPT NUMBER, PTRNUMBER, ETC.

H. NOTICE OF APPEAL

A. Scilicet

SCILICET, often abbreviated as “S.S.” or “§” in acaption, is Latin for “it is permitted to know”. Itrefers to the venue of execution of theinstrument or document, and is read as “to wit”or “that is to say”.

Standard Form of a Scilicet:

REPUBLIC OF THE PHILIPPINES )City/Municipality of ____________ ) S.S.

B. Captions and Titles

CAPTION, a part of the pleading, sets forth:1. the name of the court2. the title of the action3. the docket number, if assigned

TITLE, on the other hand, indicates the namesof the parties, who must be named in the originalcomplaint or petition. But, in subsequentpleadings, it shall suffice if the name of the firstparty on each side be stated, in case there areother persons on each side. Their respectiveparticipation in the case must be specified.

General Form of a Caption and Title:

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LEGAL FORMS TEAM

Prof. Theodore TeFaculty Editor

Francesse Joy CordonLead Writer

Don MañeboWriter

LEGAL ETHICS and FORMS

Francesse Joy CordonSubject Editor

ACADEMICS COMMITTEE

Kristine BongcaronMichelle Dy

Patrich LeccioEditors-in-Chief

PRINTING & DISTRIBUTION

Kae Guerrero

DESIGN & LAYOUT

Pat HernandezViktor Fontanilla

Romualdo Menzon Jr.Rania Joya

LECTURES COMMITTEE

Michelle AriasCamille MarananAngela Sandalo

Heads

Katz ManzanoSam Nuñez

Arianne Cerezo

Mary Rose BeleyKrizel MalabananMarcrese Banaag

Volunteers

MOCK BAR COMMITTEE

Lilibeth Perez

BAR CANDIDATES WELFARE

Dahlia Salamat

LOGISTICS

Charisse Mendoza

SECRETARIAT COMMITTEE

Jill HernandezHead

Loraine MendozaMary Mendoza

Faye CelsoJoie Bajo

Members


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Republic of the PhilippinesNational Capital Judicial Region

REGIONAL TRIAL COURTBranch 1, Manila

________________________________________,Plaintiff,

-versus- Civil Case No._______________For _______________________

________________________________________,Defendant.

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

OR

In case of a special proceeding, the Caption and Title looks like:

IN THE MATTER OF _______________________

C. Prayer

PRAYER

WHEREFORE it is respectfully prayed, after notice and hearing, that the defendant be ordered to pay the plaintiffthe amount of One Million Pesos (Php.1,000,000) for actual and compensatory damages, Fifty Thousand Pesos(Php.50,000) for moral damages, Fifty Thousand Pesos (Php.50,000) for exemplary damages, and Fifty ThousandPesos (Php.50,000) for attorney’s fees.

Other just and equitable reliefs are also prayed for.

D. Statements Under Oath

1. Acknowledgement and Jurat

ACKNOWLEDGMENT JURATBased on the 2004 Rules on Notarial Practice:An act in which an individual on a single occasion:a. appears in person before the notary public and

presents an integrally complete instrument ordocument;

b. is attested to be personally known to the notarypublic or identified by the notary public throughcompetent evidence of identity as defined bythese Rules; and

c. represents to the notary public that thesignature on the instrument or document wasvoluntarily affixed by him for the purposesstated in the instrument or document, declaresthat he has executed the instrument ordocument as his free and voluntary act anddeed, and, if he acts in a particularrepresentative capacity, that he has theauthority to sign in that capacity.

An act in which an individual (the NOTARYPUBLIC) on a single occasion:a. appears in person before the notary public and

presents an instrument or document;b. is personally known to the notary public or

identified by the notary public throughcompetent evidence of identity as defined bythese Rules; e.g. government issued ID

c. signs the instrument or document in thepresence of the notary; and

d. takes an oath or affirmation before the notarypublic as to such instrument or document. particularly re the due execution of the

document

Other Differences:Declaration that a person has himself executed adeed

Certification that the instrument was “sworn” to him

Purpose: Purpose:


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To authorize deed to be given in evidence withoutfurther proof of its executionTo entitle it to be recorded

To give the document a legal character

Where used:- notarized document transmitting rights or property

Where used:- any notarized document* NOTE THAT if the document is subscribed beforea public officer duly authorized to take oaths, thenthere is no need for the affiant to produce a CTC,nor for the entry into a Notarial Register; theitalicized portion of the JURAT is dispensed with,but not the oath itself.

Note that one must specifically designate the nature/title of the instrument or deed the affiant hasexecuted.

Acknowledgement:

Republic of the Philippines )City of Manila ) S.S.

BEFORE ME, this 13th

day of April, 2007 in the City of Manila, Philippines, personally appeared ATTICUSFINCH, with [Valid Identification Document] (Driver’s License No. N25-07-007777) issued by the [official agency](Land Transportation Office) on 10 January 2007, known to me to be the same person who executed the foregoinginstrument, and who acknowledged to me that the same is his free act and deed.

IN WITNESS WHEREOF, I have set my hand and affixed my Notarial seal on the day, year and place written.

(Sgd.) N. O. TARIONotary PublicUntil __________________PTR No. _______________Issued at ______________On ___________________

Doc. No.Page No.Book No.Series of 2007

NOTE: If the instrument consists of 2 or more pages, include the following after the 1st

paragraph:

This instrument, consisting of ___ pages, including the page on which this acknowledgment is written, has beensigned on the left margin of each and every page thereof by ___________ and his witnesses (if any), and sealed withmy Notarial seal.

* The Notary Public’s seal must be impressed on every page of the document notarized.

Jurat:

SUBSCRIBED AND SWORN TO before me in the City of _______________ on this day of_________________, affiant exhibiting before me his Government Issued ID no. _______________ issued on__________________ at _____________________.

(Sgd.) N. O. TARIONotary PublicUntil __________________PTR No. _______________Issued at ______________

Doc. No.Page No.Book No.Series of 2007.


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* The use of Community Tax Certificates is now discouraged as it is far too easy to obtain and highlydifficult to authenticate. Instead, what is now required to be stated is government issued identification orGIID (e.g., Drivers license, SSS/GSIS Identification etc.)

* COMMON TO BOTH JURAT AND ACKNOWLEDGEMENT:

1. The Notary Public must sign and indicate hisprofessional circumstances:

(SGD.) XNotary PublicFor (Place) until (Date Commission Expires)PTR (Number)/(Date of Issue)/(Place of Issue)AddressMCLE Compliance No.

2. At the end of every notarized document, thefollowing entries indicating the details ofrecording of the document in his Notarial Bookmust appear:

Doc. No.Page No.Book No.Series of (Year)

2. Verification

A pleading is VERIFIED by an affidavit that theaffiant has read the pleading and that theallegations contained therein are true andcorrect of his personal knowledge or based onauthentic records (Sec. 4, par. 2, Rule 7, RoC).The indispensable requirement of a Verificationis the statement that the document is executedUNDER OATH.

A verification based on “information and belief”or upon “knowledge, information and belief” isdefective and the pleading is thus consideredunverified/unsigned.

Alternative Center for OrganizationalReforms and Development, Inc. vs. Zamora(2005) :: The statement “to the best of myknowledge are true and correct” referring to theallegations in the petition does not mean mere“knowledge, information and belief.” Itconstitutes substantial compliance with therequirement of section 6 of Rule 7, as held inMadrigal vs. Rodas (80 Phil. 252.). At anyrate, this petty technicality deserves scantconsideration where the question at issue isone purely of law and there is no need ofdelving into the veracity of the allegations in thepetition, which are not disputed at all byrespondents. As we have held time and again,

imperfections of form and technicalities ofprocedure are to be disregarded exceptwhere substantial rights would otherwise beprejudiced.Only duly authorized natural persons mayexecute verifications in behalf of juridical entitiessuch as petitioners NGOs and people’sorganizations.

The pleadings required to be verified are asfollows:1. All pleadings under the Rules of Summary

Procedure2. Complaints for

a. Forcible entryb. Unlawful detainerc. Replevin

3. Complaints with application for injunction orattachment

4. Answer to complaint or counterclaim basedon actionable documents

5. Petitions fora. Certiorarib. Prohibitionc. Mandamusd. Habeas Corpuse. Change of Name

VERIFICATION

Republic of the Philippines )City of _______________ ) S.S.

C.K. Hilfiger, after having been duly sworn in accordance with law, deposes and states that:1. He is the plaintiff in the pleading/document entitled (pleading/document being verified)2. He has caused its preparation3. He has read it and the allegations therein are true and correct of his own knowledge or based on authentic

records.

(Sgd.) C.K. HILFIGER

PLUS: Jurat


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3. Certification against Forum Shopping

Under Rule 7, Sec. 5, the plaintiff or principalparty must certify under oath in the complaint,initiatory pleading, or sworn certification that:1. he has not commenced any action or filed

any claim involving the same issues in anycourt, tribunal or quasi-judicial agency and,to the best of his knowledge, no such otheraction or claim is pending there

2. if there is such other pending action orclaim, a complete statement of its presentstatus, and

3. if he should thereafter learn that the sameor similar action or claim has been filed or ispending, he shall report that fact within 5days to the court where his complaint orpleading was filed.

Failure to comply with this requirement is notcurable by mere amendment but shall be causefor dismissal w/o prejudice, UNLESS otherwiseprovided, upon motion and after hearing.

Submission of a false certification or non-compliance with its undertakings shall constituteindirect contempt of court, without prejudice tocorresponding administrative and criminalactions.

Alternative Center for OrganizationalReforms and Development, Inc. vs. Zamora(2005) :: While the requirement of the certificateof non-forum shopping is mandatory,nonetheless the requirements must not beinterpreted too literally and thus defeat theobjective of preventing the undesirable practiceof forum-shopping (Bernardo v. NLRC, 255SCRA 108 [1996]). Lastly, technical rules ofprocedure should be used to promote, notfrustrate justice. While the swift unclogging ofcourt dockets is a laudable objective, thegranting of substantial justice is an even moreurgent ideal.

San Miguel Corporation vs. Aballa (2005) ::While the general rule is that the certificate ofnon-forum shopping must be signed by all theplaintiffs or petitioners in a case and thesignature of only one of them is insufficient,theSupreme Court has stressed that the rules onforum shopping, which were designed topromote and facilitate the orderly administrationof justice, should not be interpreted with suchabsolute literalness as to subvert its ownultimate and legitimate objective. Strictcompliance with the provisions regarding thecertificate of non-forum shopping merelyunderscores its mandatory nature in that thecertification cannot be altogether dispensed with

or its requirements completely disregarded. Itdoes not, however, thereby interdict substantialcompliance with its provisions under justifiablecircumstances.

Philippine Rabbit Bus Lines, Inc. vs. AladdinTransit Corp. (2006) :: The requirement ofverification and certification against forumshopping are mandatory, failure to comply withwhich is sufficient ground for the dismissal of thepetition. Revised Circular No. 28-9 in factrequires all petitions filed with the SC or CA to,not only comply with Rule 45, but also to certifyunder oath all of the following facts orundertakings: (a) he has not theretoforecommenced any other action or proceedinginvolving the same issues in the Supreme Court,the Court of Appeals, or any other tribunal oragencies; (b) to the best of his knowledge, nosuch action or proceeding is pending in theSupreme Court, the Court of Appeals or differentDivisions thereof, or any other tribunal oragency; (c) if there is such other action orproceeding pending, he must state the status ofthe same; and (d) if he should thereafter learnthat a similar action or proceeding has been filedor is pending before the Supreme Court, theCourt of Appeals, or different Divisions thereof,or any other tribunal or agency, he undertakes topromptly inform the aforesaid courts and suchother tribunal or agency of that fact within five(5) days therefrom.

Abaigar vs. Abaigar (2006) :: A certificationagainst forum shopping by counsel and not bythe principal party himself is no certification atall. It is a defective certification which istantamount to non-compliance with therequirement prescribed by the Rules of Court andconstitutes a valid cause for the dismissal of thepetition. This is because it is the petitioner andnot the counsel who is in the best position toknow whether he actually filed or caused thefiling of the petition. The appellate court, strictlyspeaking, was, therefore, correct when itdismissed the petition in this case. There havebeen instances, however, that the Rule on thematter has been relaxed, such as when thepetitioner was at the time of the filing of thepetition abroad (Donato vs. Court of Appeals), orwhere the interest of substantial justice sorequires (Sy Chin vs. Court of Appeals) and (PaulLee Tan vs. Paul Sycip and Merritto Lim).

In fine, when the interest of substantial justiceoverrides the procedural lapse, the Rule on thematter may be relaxed.


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CERTIFICATION AGAINST FORUM SHOPPING

Republic of the Philippines )City of _______________ ) S.S.

C.K. Hilfiger, after having been duly sworn in accordance with law deposes and states that:

1. He is the plaintiff in the case entitled (title of the case);

2. He certifies that he has not commenced any action or filed any claim involving the same issues before anyother court, tribunal or quasi-judicial agency;

3. To the best of his knowledge, there is no such pending action or claim;

4. If he should learn that a similar action or claim has been filed or is pending he shall report such fact withinfive (5) days from the discovery to this Honorable Court.

(Sgd.) C.K. HILFIGER

PLUS: Jurat

* The Verifications in 2,3,4 and 5 can be contained in one document, if they are required in the samepleading, as shown here:

Combined Verification and Certification against Forum Shopping:

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 insuch capacity, caused this Complaint to be prepared; I have read its contents and affirm that they are true and correctto the best of my own personal knowledge; I hereby certify that there is no other case commenced or pending beforeany court involving the same parties and the same issue and that, should I learn of such a case, I shall notify thecourt within five (5) days from my notice.

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

(Sgd.) C.K. HILFIGERPLUS: Jurat

4. Verified Statement of Material Dates

This statement, referring to the date when theDecision or Judgment was received, is added tothe standard “Verification and CertificationAgainst Forum Shopping” in special civil actions.

* Rule 65, section 6, par. 2 expressly makesRule 56, section 2 applicable to petitions forcertiorari, mandamus and prohibition. Rule 56,section 2 provides that Rules 46, 48, 49, 51, 52and 56 apply. Rule 46, section 3 provides thatthe petition must be accompanied not onlyby a certified true copy of the judgment ororder questioned but also by “such materialportions of the record as are referred totherein, and other documents, relevant orpertinent thereto.”

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 insuch capacity, caused this Complaint to be prepared; I have received a copy of the [Order/Resolution/Decision] of theCourt on 13 April 2007; I have read its contents and affirm that they are true and correct to the best of my ownpersonal knowledge; I hereby certify that there is no other case commenced or pending before any court involving thesame parties and the same issue and that, should I learn of such a case, I shall notify the court within five (5) daysfrom my notice.

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

(Sgd.) C.K. HILFIGERPLUS: Jurat


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5. Specific Denial of Due Execution of Actionable Documents

Under Rule 8, Sec. 7, RoC, the substance of anactionable document, upon which an action ordefense is based, must be presented in any ofthree ways: (1) by setting it forth in the pleading;(2) by by attaching the original or a copy of thedocument to the pleading as an exhibit; or (3) bysetting forth a copy, with like effect, in thepleading.

Under Rule 8, Sec. 8, to contest such anactionable document, the genuineness and dueexecution of the instrument must be deemedadmitted, UNLESS, the adverse party, UNDEROATH, SPECIFICALLY DENIES them, and setsforth what he claims to be the facts; but therequirement of an oath does not apply, when theadverse party does not appear to be a party to

the instrument or when compliance with an orderfor an inspection of the original document isrefused. Under Sec. 10 thereof, the defendantmust specify each MATERIAL ALLEGATION OFFACT, the truth of which he does not admit and,whenever practicable, he must set forth thesubstance of the matters upon which he relies tosupport his denial. Where a defendant desires todeny only a part of an averment, he must specifyso much of it as is true and material and shalldeny only the remainder. However, where adefendant is without knowledge or information,sufficient to form a belief as to the truth of amaterial averment made in the complaint, hemust so state, and this shall have the effect of adenial. Allegations not specifically denied aredeemed admitted as per Sec. 11, Rule 8, RoC.

I, (Name), do hereby state under oath that:

1. I am the (designation of party) in this case; in said capacity, I received a copy of the (adverse pleading) on(date).2. I caused this (name of pleading) to be prepared;3. I have read its contents and affirm their truth, based on my own personal knowledge and the records athand, all of which I have personally read;4. I specifically deny the authenticity and due execution of the following actionable documents referred to in the(adverse pleading) and attached to it as Annex (number).5. I have not commenced any action between the same parties and for the same issues in any other court, noris any such action pending;6. Should I learn of any such action, I undertake to report this to the court within 5 days from my knowledge;

TO THE TRUTH OF THE FOREGOING, I have signed this Verification and Certification on (date).

PLUS: JURAT.

E. Request for and Notice of Hearing

The NOTICE OF HEARING is both a REQUEST and a NOTICE. It is a REQUEST for the Branch Clerk ofCourt to include the motion in the calendar for hearing on a specific date and a NOTICE to the opposingcounsel of the hearing date requested. In non-litigious motions or ex-parte motions, it is sufficient that therequest not contain a date, and instead simply include the line “counsel will submit the motion to the courtfor approval immediately upon receipt.”

REQUEST FOR & NOTICE OF HEARING

THE BRANCH CLERK OF COURTMetropolitan Trial CourtQuezon City, Branch 39

Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipthereof and kindly include the same in the court’s calendar for hearing on Friday, 13 April 2007 at 8:30 in the morning.

ATTICUS FINCH1 MockingBird StreetTimog Avenue, Quezon City

Please take notice that counsel has requested to be heard on Friday, 13 April 2007 at 8:30 in the morning.

(Sgd.) MITCH MCDEERECounsel for Defendant

2 The FirmLaguna Street, Quezon City


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F. Proof of Service

1. Proof of Personal Service

Copy furnished through personal service:

Atty. Mitch McDeereCounsel for the Defendant2 The FirmLaguna Street, Quezon City

2. Proof of Service by Registered Mail (with Explanation for failure to serve personally)

Pursuant to Sec. 11 & 13, Rule 13, RoC, a WRITTEN EXPLANATION is required, if the service and filingof pleadings and other papers is done by registered mail instead of by personal service. But, thisexplanation is not required in papers coming from the court. Otherwise, the paper may be considered asnot filed. Also, the explanation does not have to be verified, but it MUST be signed. However, in theSupreme Court, where an Affidavit of Service is required, it may be practical to combine the Explanationand the Affidavit of Service.

Copy furnished through registered mail:Atty. Mitch McDeereCounsel for the Defendant2 The FirmLaguna Street, Quezon CityRegistry Receipt No. ________Post Office ________________Date _____________________

EXPLANATION

The foregoing (designation of pleading, motion, etc.) and its attachment were served on Atty. Mitch McDeere byregistered mail instead of personal service as counsel for petitioner only has one messenger and personal servicewould have resulted in the motion not being filed on time to the detriment of petitioner.

(Sgd.) ATTICUS FINCH

Republic of the Philippines )City of _______________ ) s.s.

AFFIDAVIT

I, HARPER LEE, a messenger of Atty. Atticus Finch, with office address at __________________, afterbeing duly sworn, deposes and states:

That on ______________________, I served a copy of the following pleadings/papers by registered mail inaccordance with Section 10, Rule 13 of the Rules of Court:

Nature of Pleading/Paper________________________________________________

in Case No. _________________ entitled ____________________ by depositing a copy in the post office in a sealedenvelope, plainly addressed to (name of party or his/her attorney) at _______________ with postage fully paid, asevidenced by Registry Receipt No. _____________________ attached and with instructions to the post master toreturn the mail to sender after ten (10) days if undelivered.

TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on 13 April 2007, in the City of Manila,Philippines.

(Sgd.) HARPER LEEAffiant

PLUS: Jurat


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G. Place, Date, Signature, Address, Roll Number, IBP Receipt Number, PTR Number, etc.

As per A.M. NO. 07-6-5-SC, counsels must nowindicate in their pleadings or other legaldocuments their contact details aside fromaddress, i.e., telephone, fax, mobile or emailaddress.

As per SC En Banc Resolution on Bar MatterNo. 1132 dated Nov. 12, 2002, all pleadingsmust indicate the ff:1. Roll of Attorneys number of counsel2. Current Professional Tax Receipt number

(PTR No.)3. IBP Official Receipt or Life Member number

As per Bar Matter No. 1922, MCLE complianceor exemption number for the specific complianceperiod must be stated; failure to do so maymean dismissal of the case or expunction of thepleading. (Note: this came as a result of JusticeNachura’s letter to the SC noting the diminishedinterest in the MCLE)

City of Manila, 13 April 2007.

Atty. Mitch McDeereCounsel for the Defendant2 The Firm, Laguna Street,Quezon City, Metro Manila(Telephone, Fax, Email)Roll No.PTR OR No., date and place of issueIBP OR No., date and place of issueMCLE Compliance/Exemption No.


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H. Notice of Appeal

A Notice of Appeal is filed with the court, whichrendered the judgment or decision beingassailed, and NOT with the appellate court. Itscaption must refer to the said lower court andnot with the latter court.

This is filed with the trial court that rendered thejudgment and not the appellate court. Thecaption of this Notice must thus refer to thesame court that rendered the judgment and notthe appellate court.

CAPTION

NOTICE OF APPEAL

Defendant, ABC, by counsel, respectfully appeals to this Honorable Court the Decision of the lower court dated13 April 2007, a copy of which he received on 26 April 2007.

Quezon City, 2 May 2007.




REGIONAL TRIAL COURTBranch 1, Manila

TALO NAN,Plaintiff,

Civil Case No. 00222- versus -

PANA LO,Defendant.

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

NOTICE OF APPEAL

PLAINTIFF, by counsel, respectfully appeals to the Court of Appeals the Decision of this Honorable Court dated6 July 2006, a copy of which he received on 16 July 2006, for being contrary to law and the evidence presented.

Quezon City for Manila; 17 July 2006.

(Sgd.) ATTICUS FINCHCounsel for Plaintiff

[Address]Copy furnished:

MITCH MCDEERECounsel for Defendant

LEGAL ETHICS AND FORMS REVIEWER Part II. PLEADINGS IN CIVIL PROCEDURE

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Part II. Pleadings in Civil Procedure

A. COMPLAINTB. ANSWERC. PRE-TRIAL BRIEFD. MOTIONSE. SPECIAL CIVIL ACTIONS

1. Certiorari2. Prohibition3. Mandamus4. Interpleader5. Action to Quiet (or Remove Cloud on)

Title6. Action for Declaratory Relief7. Quo Warranto

A. Complaint

A complaint MUST include all of the following:1. Caption and Title2. Parties/Capacity of Parties3. Material Allegations of Ultimate Facts4. Statement of Cause(s) of Action

An ANSWER states the defense/s,admissions/specific denials (if aresponsive pleading),counterclaim/crossclaim, whereappropriate.

5. Prayer/Reliefs6. Date/Place of Execution7. Signature of Counsel

As discussed in I.G, the signature ofcounsel must also indicate his address,contact details (telephone, fax, mobile oremail address), Roll of Attorneysnumber, current PTR number, IBP O.R.number and MCLEcompliance/exemption number.

Under Sec. 3, Rule 7, RoC, thesignature of counsel constitutes hiscertification that he has read the

pleading; that to the best of hisknowledge, information and belief, thereis good ground to support it; and that itis not interposed for delay. An unsignedpleading produces no legal effect. BUT,the court may, in its discretion, allowsuch deficiency to be remedied, if it shallappear that the same was due to mereinadvertence and not intended for delay.A counsel, who deliberately files anunsigned pleading, or signs a pleadingin violation of this Rule, or allegesscandalous or indecent matter therein orfails to promptly report to the court achange of his address, must be subjectto appropriate disciplinary action.

8. Verification and Certification Against ForumShopping

A complaint MUST state in the body AND in theprayer the AMOUNT OF DAMAGES sought.This requirement is jurisdictional, failure tocomply with which is a fatal mistake.

Sample Complaint for Ejectment with Damages:

[1] Regional Trial CourtNational Capital Judicial Region

METROPOLITAN TRIAL COURTQuezon City, Branch 33

ALIS DI-YAN COMPANY,Plaintiff,

Civil Case No. 2222- versus - For: Ejectment

YOKO NGA,Defendant.

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


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COMPLAINT

PLAINTIFF, by counsel, respectfully states that:

[2] 1. Plaintiff is a foreign corporation organized and existing under the laws of France with businessaddress at 111 Ocean Drive, Tuna Compound, Quezon City; Defendant is a Filipino, of legal age, singleand currently resident of 112 Ocean Drive, Tuna Compound, Quezon City, where he may be served withsummons and other pertinent processes.

[3] 2. Plaintiff owns that property located at 112 Ocean Drive, Tuna Compound, Quezon City which itleased to defendant under the terms and conditions stated in the Contract of Lease dated 1 January2005, which contract expires on 31 December 2006. 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 leaseas it would use the property for its business expansion; plaintiff then asked defendant to vacate thepremises. A copy of plaintiff’s letter to defendant is attached as ANNEX B.

[4] 4. Despite demand duly made and received, defendant has refused to vacate the premises andcontinues to occupy the property without plaintiff’s consent. [Although this statement is unnecessary inthis particular sample complaint, this merely exemplifies how this fact is alleged: Resort to theBarangay conciliation system proved useless as defendant refused to appear before the LupongTagapamayapa. A Certification to File Action is attached as ANNEX C.]

5. Defendant’s act of dispossession has caused plaintiff to suffer material injury because plaintiff’sbusiness expansion plans could not be implemented despite the arrival of machineries specifically leasedfor this purpose at the rental rate of US$500 per month. Defendant’s continued occupation of thepremises has also forced plaintiff to sue and to incur legal expenses amounting to Fifty Thousand Pesos(P50,000.00).

[5] WHEREFORE, plaintiff respectfully prays for judgment in its favor by ordering defendant to vacatethe property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff the amountof US$3,500 representing rentals on the machineries for seven (7) months and Fifty Thousand Pesos(P50,000.00) for Attorney’s fees.


[6] Quezon City; 13 April 2007.

[7] (Sgd.) ATTICUS FINCHCounsel for Plaintiff

[Address][Other Details under I.G.]

PLUS:1. [8] Verification and Certification against Forum Shopping2. Jurat


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B. Answer

An answer MUST include all of the following:1. Caption2. Denials/Admission3. Statement of Affirmative Allegations4. Statement of Affirmative/Negative Defenses5. Counterclaim, Cross-claim6. Prayer/Relief7. Date/Place of Execution8. Signature of Counsel9. Verification10. Certification against Forum Shopping11. Proof of Service

In general, an Answer needs no verification.BUT, if it interposes a specific denial of anactionable document, then the Answer must beverified.

Sample Answer with Compulsory Counterclaim:

[1] Regional Trial CourtNational Capital Judicial Region

METROPOLITAN TRIAL COURTBranch 33, Quezon City

ALIS DI-YAN COMPANY,Plaintiff,

Civil Case No. 2222- versus - For : Ejectment

YOKO NGA,Defendant.

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

ANSWER(With COUNTERCLAIM)

DEFENDANT, by counsel, respectfully states that:

Admissions/Denials

[2] 1. He admits the contents of paragraph 1 only insofar as his personal circumstances but specifically deniesthe 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 butspecifically denies that the Contract reflects the true intent of the parties as explained in the Affirmative Defensesbelow.

3. He admits the contents of paragraph 3 only as to the fact that demand to vacate was made but specificallydenies its contents as to the truth of the reasons for the letter for lack of knowledge sufficient to form a reasonablebelief as to its truth or falseness..

4. He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in the Affirmative Defensesbelow.

Affirmative Defenses

[4] 5. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are materialand 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 thePhilippines 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 defendantthe parcel of land in question, a copy of which is attached as ANNEX 1.


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Counterclaim

[5] 6. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are materialand additionally submit that he is entitled to relief 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 nameand reputation were besmirched by this malicious and baseless suit.

6.2. Attorney’s Fees amounting to One Hundred Thousand Pesos (P100,000.00) because hewas compelled to secure services of counsel to vindicate his legal rights.

[6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by dismissing theComplaint 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.

[7] Quezon City; 13 April 2007.

[8] (Sgd.) MITCH MCDEERECounsel for Defendant

[Address]

[9 & 10] VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, YOKO NGA, of legal age, do hereby state that: I am the defendant in the case filed by Alis Di-yanCompany for ejectment; in response, I have caused the preparation of this Answer with Counterclaim; I have read itscontents and affirm that they are true and correct to the best of my own personal knowledge; [To specifically denyan actionable document: I specifically deny the genuineness and due execution as well as the binding effectof the actionable documents pleaded by plaintiiff;] I hereby certify that there is no other case commenced orpending before any court involving the same parties and the same issue and that, should I learn of such a case, Ishall notify the court within five (5) days from my notice.

IN WITNESS WHEREOF, I have signed this instrument on 13 April 2007.

(Sgd.) YOKO NGA

PLUS:1. Jurat (IF any document is denied)2. [11] Proof of Service (personal service or service by registered mail)

Sample Cross-claim and Corresponding Prayer, simply add:

[5] Crossclaim

7. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are materialand additionally submit that he is entitled to indemnity and/or contribution from co-defendant MANGGA GANTSO inthe event that he is made liable to plaintiff because co-defendant MANGGA GANTSO acted as the duly authorizedagent of plaintiff in the sale of the property and, acting as such, received consideration, in the form of the purchaseprice, from defendant.

[6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by1. dismissing the Complaint, and2. granting defendant’s counterclaim by awarding defendant

a. One Million Pesos (Php.1,000,000) as Moral Damages, andb. Fifty Thousand Pesos (Php.50,000) as Attorney’s Fees.

3. 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 theCrossclaim.


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D. Pre-Trial Brief

Under Sec. 6, Rule 18, RoC, a Pre-Trial Briefmust include all of the ff:1. Statement of Willingness to Enter into

Amicable Settlement or Alternative Modes ofDispute Resolution and the Desired Terms

2. Summary of Admitted Facts and ProposedStipulation of Facts

3. Issues to be Tried or Resolved4. Documents or Exhibits to be Presented and

Their Purpose5. Manifestation of their Having Availed or their

Intention to Avail Themselves of DiscoveryProcedures or Referral to Commissioners

6. Number and Names of the Witnesses, andthe Substance of their RespectiveTestimonies.

7. Available Trial Dates

The filing and service of the pre-trial brief on theadverse party must be done in such manner asshall ensure the receipt of the same at least 3DAYS before the date of the pre-trial.

Failure to file the pre-trial brief is tantamount tofailure to appear at the pre-trial.

Pre-trial is now mandatory in criminal casesbased on Rule 118, the 2000 Rules on CriminalProcedure and Republic Act No. 8493 (TheSpeedy Trial Act), although neither the law northe Rules require the submission of a Pre-TrialBrief in criminal cases (in practice, courts alsodo not require the submission of a pre-trial briefin criminal cases). Consequently, therequirement of a pre-trial brief and theconsequences for failure to submit one (e.g.,non-suit or dismissal) appear to pertainexclusively to civil cases.

There is no need to attach a Notice of Hearingfor a Pre-Trial Brief.


REGIONAL TRIAL COURTBranch 90, Quezon City

LAKISA LAYAW,Plaintiff,

Civil Case No. 97-31312- versus -

LAKISA HIRAP,Defendant.

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

PRE-TRIAL BRIEF

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

[1] I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENTAND POSSIBLE TERMS OF ANY SUCH SETTLEMENT

1.1. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of openness fromplaintiff, 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 desiredterms of any amicable settlement would involve, first, a clarification of the actual extent of any obligation due andowing to plaintiff inasmuch as there is nothing to indicate defendant’s obligations to plaintiff and, second, a scheduleof payments.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1. Plaintiff seeks principally to recover the amount of Twenty Two Million Eight Hundred Eighteen ThousandNine 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 :


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2.2.1. Plaintiff’s lack of personality to sue and, therefore, not being the real party in interestunder 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 moraldamages and Two Million Pesos (PHP2,000,000.00) for exemplary damages and One Hundred Thousand Pesos(PHP100,000.00) as attorney’s fees.

[2] III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

3.1. Defendant admits only those facts stated in her Answer, i.e., her personal circumstances, receipt of thedemand 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 eventhereafter, defendant admits no other facts stated in the Complaint.

[3] 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 relief;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

[6] 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 thissuit against her;

5.1.2. An employee of Topless Enterprises with personal knowledge as to the truecircumstances behind the alleged obligations due and owing in favor of plaintiff.

[4] 5.2. Defendant reserves the right to present any and all documentary evidence which shall become relevantto rebut plaintiff’s claims in the course of trial as well as any other witnesses whose testimony will become relevant tobelie plaintiff’s witnesses, if necessary.

VI. RESORT TO DISCOVERY

[5] 6.1. Considering the relatively simple issues presented, defendant does not intend to avail of discovery atthis time.

6.2. Subject, however, to a concrete and reasonable request for discovery from plaintiff, defendant reserves theright to resort to discovery before trial.

RESPECTFULLY SUBMITTED.

Quezon City; 13 April 2007.


[Address]

Copy furnished:

Atty. MA BOLACounsel for Plaintiff


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E. Motions

Under Sec. 2, Rule 15, RoC, all motions, savefor those made in open court or in the course ofa hearing or trial, must be in writing.

Under Secs. 3-6 & 9, Rule 15, RoC, a motionMUST include all of the ff:1. Ground(s)2. Argument(s)3. Prayer/Relief4. Notice of Hearing

In motions filed before the SupremeCourt and the Court of Appeals, aNotice of Hearing is NOT required.

This part DIFFERS in an Ex ParteMotion to Set Case for Pre-TrialBECAUSE in such a motion, this partdoes NOT contain a date of hearing,because this is a motion, which theCourt may act upon without prejudicingthe rights of the adverse party, andbecause this is precisely an ex partemotion, as per Rule 18, Sec. 1.

5. Proof of Service If service is done by registered mail,

instead of by personal service, then themotion must include a WRITTENEXPLANATION, which need not beverified, as long as it is SIGNED. AnAFFIDAVIT OF SERVICE is required inthe Supreme Court, so it may bepractical to combine the Explanationand the Affidavit of Service.

6. Attachments (if any) These include supporting affidavits and

other papers to prove facts alleged inthe motion.

The pleading or motion sought to beadmitted via a MOTION FOR LEAVE tofile a pleading or motion must beattached.

7. Verification (in certain cases)

A written motion required to be heard and thenotice of the hearing thereof must be served insuch a way as to ensure its receipt by the otherparty at least 3 DAYS before the date of hearing,UNLESS the court for good cause sets thehearing on shorter notice. It must also beaddressed to all parties concerned. The hearingmust not be later than 10 DAYS after the filing ofthe motion.

Under Sec. 8, Rule 15, RoC on OMNIBUSMOTIONS, a motion attacking a pleading, order,judgment or proceeding must include ALLobjections then available; all objections not soincluded are deemed waived.

Under Sec. 10, Rule 15, RoC, the rulesapplicable to pleadings shall apply to writtenmotions as far as caption, designation, signatureand other matters of form, are concerned.


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Sample Motion to Dismiss (with request for and notice of hearing):


METROPOLITAN TRIAL COURTBranch 39, Quezon City

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 tostate a cause of action as [1] THE OBLIGATION SOUGHT TO BE ENFORCED BY PLAINTIFF IS NOT YET DUEAND DEMANDABLE, as shown by the following:

[2] 1. Allegedly, plaintiff has failed to reach the quotas agreed upon under the Marketing Agreement dated 1January 2006; 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 ofthe Marketing Agreement until the period expires and the quota is not attained. For this reason, plaintiff’s Complaintstates no cause of action and must be dismissed.

[3] WHEREFORE, defendant respectfully prays that the Complaint be DISMISSED for failure to state a cause ofaction.




[Address]

[4] 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 receipthereof and kindly include the same in the court’s calendar for hearing on Friday, 27 April 2007 at 8:30 in the morning.

ATTICUS FINCH1 MockingBird StreetTimog Avenue, Quezon City

Please take notice that counsel has requested to be heard on Friday, 27 April 2007 at 8:30 in the morning.



PLUS:[5] Proof of Service


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A MOTION FOR JUDGMENT ON THE PLEADINGS, being a litigious motion, must request for a aspecific hearing date. Notice thereof must be given to adverse party through counsel.

Sample Motion for Judgment on the Pleadings:




Civil Case No. 97-31312- versus - For: Sum of Money


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

MOTION FOR JUDGMENT ON THE PLEADINGS

Plaintiiff, by counsel, respectfully states that:

1. On 6 July 2005, plaintiff sued defendant for a sum of money in the amount of Nine Hundred Thousand Pesos(P900,000.00).

[1 & 2] 2. In his Answer, defendant admitted the obligation and merely stated that he was asking to be given anextension of time to pay his obligation but that plaintiff instead filed this Complaint. The Answer admits the materialallegations of the Complaint and has not tendered any issue; consequently, a judgment on the pleadings may berendered.

[3] WHEREFORE, plaintiff respectfully prays a judgment on the pleadings be rendered in his favor.


(Sgd.) ATTICUS FINCHCounsel for the Plaintiff

[Address]

PLUS: [4] Request for and Notice of Hearing[5] Proof of Service


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Under Rule 18, Sec. 1, RoC, it is now mandatory on the part of the plaintiff to move ex parte for setting ofpre-trial. Note that the motion is expressly denominated as ex parte, i.e., no need for hearing.

Sample Ex Parte Motion to Set for Pre-Trial:




Civil Case No. 97-31312- versus -


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

EX PARTE MOTION TO SET CASE FOR PRE-TRIAL


[1] 1. On 1 June 2006, defendant submitted her Answer to the Complaint, thereby causing the issues to bejoined.

[2] 2. This case is, thus, ripe for pre-trial. Complying with Rule 18, Section 1 of the 1997 Rules on CivilProcedure, plaintiff respectfully asks that this case be set for pre-trial.

[3] WHEREFORE, plaintiff respectfully prays that this case be set for pre-trial on a date convenient to thisHonorable Court.



[Address]

[4] REQUEST AND NOTICE

THE BRANCH CLERK OF COURTRegional Trial CourtBranch 39, Quezon City

Please submit the foregoing to the Court for its approval immediately upon receipt hereof.

Copy furnished:

MITCH MCDEERE, ESQ.2 The FirmLaguna Street, Quezon City

Please take notice that counsel has requested for the approval of the foregoing motion immediately upon receipt.


PLUS: [5] Proof of Service


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Sometimes, a MOTION FOR POSTPONEMENT is considered a non-litigious motion; thus, the requestand 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 beable to set it for hearing and approval by the court.

Sample Motion for Postponement:



DILA TORY,Plaintiff,


PASEN SYOSO,Defendant.

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

MOTION FOR POSTPONEMENT


1. This case is set for trial on 5 May 2007 at 8:30 in the morning.

[1] 2. On said date and time, the undersigned counsel will be unable to appear before this Honorable Court ashe has also been directed to appear on this date and time before the Regional Trial Court of Makati City, Branch 139for “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.

[2] 3. Without impugning the importance of these proceedings, plaintiff respectfully submits that his attendancein the Makati case becomes indispensable; otherwise, the accused in said case would be deprived of the opportunityto confront and cross-examine a vital witness against her.

4. This motion is prompted only by the foregoing reason and not for delay.

[3] WHEREFORE, plaintiff respectfully prays that the trial scheduled on 5 May 2007 be POSTPONED to anotherdate convenient to this Honorable Court.


(Sgd.) MITCH MCDEERECounsel for the Plaintiff

[Address]



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When filing a MOTION FOR EXTENSION OF TIME, it is always preferable to not only state the number ofadditional days sought, but also the new deadline, so that it can be used as a personal reminder of thenew deadline.

Sample Motion for Extension of Time:



DILA TORY,Plaintiff,


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 May 2007.

[1 & 2] 2. The undersigned counsel, however, anticipates his inability to file the Reply on or before the said duedate because of the tremendous pressure of other equally urgent professional work requiring the preparation ofpleadings and almost daily trial appearances before the various courts within and outside Metro Manila. For thisreason, the undersigned is constrained to ask for an additional fifteen (15) days from 10 May 2007, or until 25 May2007, within which to submit plaintiff’s Reply.

3. This motion is not intended for delay but is motivated only by the foregoing reason.

[3] WHEREFORE, plaintiff respectfully prays that he be granted an additional fifteen (15) days from 10 May2007, or until 25 May 2007, within which to submit plaintiff’s Reply.


(Sgd.) MITCH MCDEERECounsel for Plaintiff

[Address]



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The defendant, who is to be declared in default, is entitled to be notified of the MOTION TO DECLAREDEFENDANT IN DEFAULT and the order declaring him/her in default; thereafter, he loses the right toreceive any other notices except for judgment in default.

Sample Motion to Declare Defendant in Default:



ANAKIN SKYWALKER,Plaintiff,


PADME AMIDALA,Defendant.

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

MOTION TO DECLARE DEFENDANT IN DEFAULT


1. Plaintiff filed this Complaint against defendant on 1 March 2007; summons were served on defendant on 20March 2007, as indicated by the Sheriff’s Return of even date, a copy of which is attached as ANNEX A.

[1 & 2] 2. Defendant’s reglementary period to file Answer ended on 5 April 2007; no motion for extension ofsuch period was filed nor was any granted motu proprio by this Honorable Court. Despite the lapse of time, defendanthas failed to answer the Complaint against her; plaintiff is entitled to a declaration of default and the right to presentevidence ex parte against defendant.

[3] WHEREFORE, plaintiff respectfully prays that defendant be declared in default and that plaintiff be allowed topresent evidence ex parte before the Clerk of Court acting as Commissioner.


(Sgd.) DARTH SIDIOUSCounsel for Plaintiff

[Address]



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Although not required, the following sample MOTION TO LIFT ORDER OF DEFAULT includes paragraphnumbers 1 & 2, which give a short summary of the material antecedents, so that the argument and thebasis for the relief sought is clear and placed in context.

Sample Motion to Lift Order of Default:






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 groundthat plaintiff’s claim is outside the jurisdictional amount of this Honorable Court under the new Expanded JurisdictionAct and that the Complaint should properly be filed and tried before the Metropolitan Trial Court. The Motion toDismiss, which was received by plaintiff’s counsel on 25 March 2007, was set for hearing on 10 April 2007, asindicated 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 defaulton 7 April 2007 based solely on plaintiff’s Motion, filed two (2) days after the supposed lapse of the reglementaryperiod, which, however, was tolled by the filing of a Motion to Dismiss.

[1 & 2] 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 lapsedbecause of the filing of the Motion to Dismiss within the period, and (c) the pendency of the Motion to Dismiss isprejudicial to the issue of defendant’s default. Consequently, the order of default should be lifted.

[3] WHEREFORE, defendant respectfully prays that the Order of Default against her be LIFTED and that thisHonorable Court resolve her Motion to Dismiss.


(Sgd.) OBI WAN KENOBICounsel for Defendant

[Address]



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E. Special Civil Actions

Under Sec. 4, Rule 65, RoC, a petition for CERTIORARI, PROHIBITION or MANDAMUS may be filed notlater than 60 DAYS from notice of the judgment, order or resolution sought to be assailed in the SupremeCourt or, if it relates to the acts or omissions of a lower court or of a corporation, board, officer or person,in the Regional Trial Court exercising jurisdiction over the territorial area as defined by the SupremeCourt. It may also be filed in the Court of Appeals whether or not the same is in aid of its appellatejurisdiction, or in the Sandiganbayan if it is in aid of its jurisdiction. If it involves the acts or omissions of aquasi-judicial agency, and unless otherwise provided by law or these Rules, the petition shall be filed inand cognizable only by the Court of Appeals.

1. Certiorari

Under Rule 65, RoC, a certiorari MUST include the ff:1. Names of petitioner and respondent2. Grounds3. Prayer/Relief4. Combined Verification, Certification against Forum Shopping and Statement of Material Dates

ADD the date when the Decision or Judgment was received5. Attachments

a. Certified true copies of the judgment/order subject of petitionb. All material portions of the record as would support the petition

as well as all documents, relevant or pertinent thereto

Standard Form of a Certiorari (with Injunction and/or TRO):

(Caption and Title)

PETITION

PETITIONER, by counsel, respectfully states that:

[1] 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, iffiled, denied.)

[2] 3. (State briefly the facts and circumstances under which the respondent/s exercising judicial functions actedwithout, 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 threatenedby an act or omission of respondents, [c] and that, unless restrained, will cause grave and irreparable injury topetitioner. Allege also that petitioner is ready to post a bond in an amount to be fixed by the Court conditioned uponthe payment to respondents of any damages suffered arising from the writ should petitioner be found not to beentitled to the writ.)

5. There is no appeal from such decision or 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 attached as ANNEX A.

[3] WHEREFORE, it is respectfully prayed that a writ of certiorari be issued ANNULLING the (act, decision orfinding) for being in grave abuse of discretion; in the interim, that a preliminary injunction and/or temporary restrainingorder issue to ENJOIN any further proceedings by respondents.

Quezon City; 7 July 2007.

(Sgd.) ATTICUS FINCHCounsel for the Petitioner

[Address]

PLUS: [4] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates[5] Attachments


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2. Prohibition

Under Rule 65, RoC, a prohibition MUST include the ff:1. Names of petitioner and respondent2. Grounds3. Prayer/Relief4. Combined Verification, Certification against Forum Shopping and Statement of Material Dates

ADD the date when the Decision or Judgment was received5. Attachments


Standard Form of a Prohibition:

(Caption and Title)

PETITION


[1] 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 forReconsideration, if filed, denied.)

[2] 3. (State briefly the facts and circumstances under which the respondent/s whether exercising judicial orministerial functions acted without, or in excess of, jurisdiction or with grave abuse of discretion amounting to lack orexcess of jurisdiction.)

4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right, [b] which is threatenedby an act or omission of respondents, [c] and that, unless restrained, will cause grave and irreparable injury topetitioner. Allege also that petitioner is ready to post a bond in an amount to be fixed by the Court conditioned uponthe payment to respondents of any damages suffered arising from the writ should petitioner be found not to beentitled to the writ.)

5. There is no appeal from such decision or 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 attached as ANNEX A.

[3] WHEREFORE, it is respectfully prayed that an injunction or TRO be issued directing respondent/s to desistand refrain from further proceedings in the premises, and that after due notice and hearing, a writ of prohibition issuedirecting respondent/s to desist absolute and perpetually from further proceedings (in the said action or matter).



[Address]

PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates


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3. Mandamus

Under Rule 65, RoC, a mandamus MUST include the ff:1. Names of petitioner and respondent2. Grounds3. Prayer/Relief4. Combined Verification, Certification against Forum Shopping and Statement of Material Dates5. Attachments


(Caption and title)

PETITION


[1] 1. (State the capacity of petitioner and respondent/s and their addresses.)

[2] 2. (State the facts and circumstances whereby respondent/s unlawfully neglected the performance of an actwhich the law specifically enjoins as a duty resulting from an office, trust or station, or unlawfully excluded thepetitioner from the enjoyment of a right or office to which the petitioner is entitled.)

3. Petitioner has no appeal from such decision or any plain or adequate speedy remedy in the ordinary course oflaw, except this petition.

[3] WHEREFORE, it is respectfully prayed that, after due notice and hearing, a writ of mandamus issuecommanding respondent/s forthwith to: (state the act required to be done), with costs against them.



[Address]

PLUS: [4] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates


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4. Interpleader

INTERPLEADER :: an action filed by a person, who claims no interest whatsoever upon a subject matteror who has an undisputed whole or partial interest in a subject matter, upon which several others haveconflicting claims, against such other persons, to compel them to interplead and litigate their severalclaims among themselves (Sec. 1, Rule 62, RoC, restated)

Under Rule 62, a complaint in interpleader MUST include all of the ff:1. Parties

Petitioner, who must claim no interest or has an interest not disputed by claimants; and claimantsover the same subject matter

2. Material Allegations of Ultimate Facts facts showing conflicting claims made on the same subject matter over which petitioner claims no

interest or an interest that is not disputed by claimants3. Prayer/Relief4. Date/Place of Execution5. Signature of Counsel6. Verification and Certification against Forum Shopping

In the following sample complaint in interpleader, note the boldfaced phrase. It is important to allege thisbecause otherwise plaintiff would be required to pay the docket fees involved in filing the Complaint inInterpleader which would be determined by the value of the property. In this way, plaintiff will not beunduly prejudiced by the costs of the suit.

Sample Complaint in Interpleader:

NALI LITO,Plaintiff,

SCA No. ____________- versus -

UMA AGAW and INA AGAWAN,Defendants.

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

COMPLAINT


[1] 1. Plaintiff and defendants are all of legal age; plaintiff resides at ________________ while defendantsreside at _______________ and _______________, respectively, where they may be served with pertinent notices.

[2] 2. On 1 June 2007, plaintiff found a Gold Rolex Oyster watch, without knowing who its true owner is. Thewatch is now in plaintiff’s possession. On or about 5 June 1999, defendants made similar representations to plaintiffas to ownership of the watch.

3. Plaintiff, who claims no interest in the watch, cannot determine the conflicting claims of defendants and thusseeks to compel defendants to interplead and litigate their several claims between themselves.

[3] WHEREFORE, it is respectfully prayed that this Honorable Court issue an order directing defendants tointerplead with one another to determine their respective rights and claims and to allow plaintiff to recover hisexpenses for safekeeping and the costs of this suit, as first lien upon the subject matter of this action.

[4] Quezon City; 7 July 2007.


[Address]

PLUS: [6] Verification and Certification against Forum Shopping


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5. Action to Quiet (or Remove Cloud on) Title

Under Sec. 1(2), Rule 63, RoC, an action to quiet (or remove cloud on) title MUST include all of thefollowing:1. Parties

Any person interested under a deed, will, contract or other writing, before breach thereof, andwho stands to suffer injury by operation of the said deed, will, contract or other writing

2. Material Allegations of Ultimate Facts 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 orbreach has occurred; may also show facts showing need to reform instrument, quiet title(arising from conflicting claims or cloud thereon) or to consolidate ownership (as when propertyunder pacto de retro not redeemed)

3. Prayer/Relief4. Date/Place of Execution5. Signature of Counsel6. Verification and Certification against Forum Shopping

Sample Action to Quiet (or Remove Cloud on) Title:

IN RE: QUIETING OF TITLE OVER THEPROPERTY COVERED BY TCT NO. 12345

SCA No. 1357NALI LITO, as Special Administrator of theEstate of the deceased DAMI LUPA,

Petitioner,

UMA AGAW,Respondent.

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

PETITION


[1] 1. He is the special administrator of the estate of the deceased DAMI LUPA.

[2] 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 onlyencumbrance thereon.

3. The sale is fictitious and the Deed of Sale is forged, as shown by a judgment in Civil Case No. 2468, a copyof which is attached.

4. The existence of the alleged Deed of Sale is prejudicial and injurious to the title of the lawful heirs of thedeceased upon the said property. Equity demands that the said Deed of Sale be surrendered and cancelled, as it isa cloud upon the title of the deceased and his lawful heirs.

[3] WHEREFORE, petitioner respectfully prays that this Honorable Court render judgment in the Estate’s favorby ordering the Deed of Sale surrendered and cancelled and the cloud on Title No. 12345 removed.


[5] (Sgd.) MITCH MCDEERECounsel for Petitioner

[Address]



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6. Action for Declaratory Relief

Under Sec. 1(1), Rule 63, RoC, an action for declaratory relief must include all of the following:1. Parties

Any person interested under a deed, will, contract or other writing, before breach thereof, andwho stands to suffer injury by operation of the said deed, will, contract or other writing

2. Material Allegations of Ultimate Facts 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 orbreach has occurred; may also show facts showing need to reform instrument, quiet title(arising from conflicting claims or cloud thereon) or to consolidate ownership (as when propertyunder pacto de retro not redeemed)

3. Prayer/Relief4. Date/Place of Execution5. Signature of Counsel6. Verification and Certification against Forum Shopping

Sample Action for Declaratory Relief:

INA API,Plaintiff,

- versus - Civil Case No. 2468

THE CITY COUNCILOF QUEZON CITY,

Defendant.x --------------------------- x

COMPLAINT


[1] 1. Plaintiff is a Filipino citizen of legal age and resident of Quezon City; defendant is the City Council ofQuezon City, the duly-constituted legislative body for Quezon City, its members may be served with notices atQuezon City Hall.

[2] 2. On 1 August 1999, defendant City Council passed Ordinance No. 2345 making it unlawful to operatecellular phone units while inside a moving vehicle and penalizing any violations with a fine of P1,000.00 for eachoffense 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 evenurgent and important calls which may be made only while the person is in transit. It fails to consider that, due to theworsening traffic conditions in Metro 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 theworsening traffic condition. The Ordinance appears to bar his doing so but plaintiff is unaware of the limits ofpermissible action under the Ordinance.

4. Unless declaratory relief is granted, plaintiff will suffer grave and irreparable injury because he is unsure of theinstances when he may lawfully use his cellular phone while in a moving vehicle and when such use may lead toconfiscation and a fine.

[3] WHEREFORE, plaintiff respectfully prays that this Honorable Court grant declaratory relief and declareplaintiff’s rights and duties under the Ordinance.



[Address]



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7. Quo Warranto

Under Rule 66, RoC, a petition for quo warranto MUST include all of the following:1. Parties

a. Solicitor General, when directed by President or motu propio;b. Person claiming to be entitled to public office or position usurped or unlawfully held or exercised

by another against the alleged usurping public officer;2. Material Allegations of Ultimate Facts - facts showing usurpation of office and facts showing

entitlement of petitioner to the office3. Prayer/Relief4. Date/Place of Execution5. Signature of Counsel6. Verification and Certification against Forum Shopping

Standard Form of Petition for Quo Warranto:

(Caption and title)

COMPLAINT


[1] 1. (State the capacity and address of both plaintiff and defendant.)

[2] 2. (State fully and clearly the facts and circumstances showing that defendant is unlawfully occupying apublic 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 defendanthas unlawfully refused to do so.)

[3] WHEREFORE, plaintiff respectfully prays that a writ of quo warranto issue ousting and excluding defendantfrom occupying the office of ____________ and declare that plaintiff is entitled to the said office and that he beplaced forthwith in possession thereof.


[5] (Sgd.) ATTICUS FINCHCounsel for the Plaintiff

[Address]


LEGAL ETHICS AND FORMS REVIEWER Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

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Part III. Pleadings and Other Legal Documents in Criminal Procedure

A. COMPLAINT-AFFIDAVIT AND COUNTER-AFFIDAVIT

B. INFORMATION AND COMPLAINTC. MOTIONS

1. Motion to Quash Information2. Motion to Quash Search Warrant3. Motion to Suppress Evidence4. Motion for Bail

D. APPLICATION FOR BAIL

A. Complaint-Affidavit and Counter-Affidavit

Both a COMPLAINT-AFFIDAVIT and a COUNTER-AFFIDAVIT must include all of the following:1. Identity of Affiant and Other Personal Circumstances2. Statement of Venue3. Factual Allegations to Show Violation or Defense

A complaint-affidavit shows the violation, while a counter-affidavit shows the defense.4. Signature of Affiant5. Verification6. Certification as to Personal Examination of Affiant

Under Sec. 3(a), Rule 112, 2000 Rules on Criminal Procedure, the affidavit must be subscribedand sworn to before a prosecutor, or a government official authorized to administer an oath, or intheir absence or unavailability, a Notary Public, each of whom must certify that he personallyexamined the affiants and that he is satisfied that they voluntarily executed and understood theiraffidavits.

7. Supporting Documents/Affidavits

A COMPLAINT-AFFIDAVIT or a COUNTER-AFFIDAVIT, like any other affidavit, must be based on theaffiant’s personal knowledge. To resolve the problem of the affiant’s lack of personal knowledge as tolegal answers, affiant may simply state the fact that he was assisted by counsel and say “I was advisedby counsel that…”

Sample Complaint-Affidavit:

Republic of the Philippines )City of Makati ) S.S.

COMPLAINT-AFFIDAVIT

[1] I, MA SELAN, of legal age, Filipino, with assistance of counsel, and [2] resident of 4 Privet Drive, Triple XVillage, 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 Directorand Corporate Secretary of the Association.

[3] 2. I accuse and hereby charge MR. MA INGAY, residing at 5 Privet Drive, Triple X Village, Makati, ofviolating Article 358 of the Revised Penal Code (Slander and Oral Defamation), committed against me when hepublicly, maliciously and deliberately uttered defamatory remarks against me during the Board Meeting of theAssociation on 27 January 2007. This is attested to by the following exchange that transpired between Mr. Ingay andthe 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 asANNEX B.


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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 defamatoryutterance 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 anddefamatory as they malign me and attribute to me a criminal act, nature and predisposition. There is, moreover, nodoubt that Mr. Ingay’s use of the word “swindled” was deliberate as his explanation and clarification a few utterancesthereafter would show. Mr. Ingay’s remarks are also very serious as they cast aspersions on my reputation, characterand 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. Whilemy name, reputation and character are incapable of pecuniary estimation as these are the result of a lifetime’s effortto build a name, reputation and character that my children and their children can be proud to bear, Mr. Ingay cannotbe allowed to simply go scot-free without bearing the consequences of his acts. For this reason, I am also holdingMr. Ma Ingay liable civilly for defaming me in the amount of One Million Pesos (P1,000,000.00) in nominaldamages, 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 13 April 2007.

[4] (Sgd.) MA SELANComplainant-Affiant

[5] SUBSCRIBED AND SWORN TO BEFORE ME this 13th

day of April 2007.

(Sgd.) Investigating Prosecutor

[6] CERTIFICATION

I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIED THAT HEVOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT.

(Sgd.) Investigating Prosecutor

Sample Counter-Affidavit:

Republic of the Philippines )City of Makati ) S.S.

COUNTER-AFFIDAVITRe: I.S. No. 1613

[1] I, MA LABO, of legal age, with assistance of counsel, 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 tothe post in 1998. In said capacity, I am in charge of coordinating the day-to-day affairs and activities of his Office.

[2] 2. I recently learned that I have been made a respondent in I.S. No. 1613, a charge for estafa, filed by acertain MA GULANG on 19 January 2007 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 aMr. MANGGA GANTSO of the Quezon City Rescue and Environmental Distress Unit, which made the Mayor theirHonorary Chairman with no direct functions; he has been supporting their activities financially with voluntarycontributions.

[3] 4. There is no truth to the allegations in MA GULANG’s complaint. There is no factual nor legal basis tocharge me with estafa. The Complaint must be dismissed. To rebut and contradict MA GULANG’s malicious lies, I setforth 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 informedher that he was not around. I took a message from her saying that she was a friend of the Mayorand that she was selling Nextel units and if we wanted to buy units from her. I informed her thatboth the Mayor and I had our units already; she then told me if the Mayor could refer her toprospective clients. When the Mayor arrived, I relayed the message to him.


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4.2. Quite coincidentally, Mr. Gantso had called the Mayor asking if he could assist in securingNextel units. The Mayor asked me to call Ms. Gulang. Mr. Gantso and Ms. Gulang were able tomeet, as a result.

4.3. On that day, Ms. Gulang brought the units to the Mayor’s Office; she met with Mr. Gantsoinside the Mayor’s office. They transacted business inside the Mayor’s Office and only passed bymy office on their way out.

4.4. Some time after that, Ms. Gulang phoned me and told me that Mr. Gantso had not paidher the amount of P11,000.00 for the units. Somewhat embarrassed by this, I called Mr. Gantsoand told him to pay Ms. Gulang; he assured me that he would pay her but that he just needed tocollect 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 gaveher the telephone number of Gantso so that she could just call him directly. But even then, I wouldstill get calls from Ms. Gulang; and when she started to get angry over the telephone, I set up anappointment 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; Iwould 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 simplyto my great embarrassment at the prospect of being accused of referring a person who does not know how to pay foran obligation.

6. For this reason, it is certainly incomprehensible that I should stand accused of estafa by Ms. Gulang. Iperformed no act of deceit or fraud against her in ordering the units. I performed NO ACT that even remotelyresembles ANY of the acts punished under Article 315. If at all, any cause of action is PURELY CIVIL in natureand that liability does not pertain to my personal account in the absence of a showing that I benefited from the Nextelunits (which Ms. Gulang does not even allege and cannot prove); any civil liability should pertain to the Office of theMayor, not to me.

7. Considering the foregoing, I respectfully submit that there is no prima facie basis to conclude that the crime ofEstafa 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 2007.

[4] (Sgd.) MA LABOAffiant

PLUS: [5] Verification[6] Certification


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B. Information and Complaint

INFORMATION COMPLAINT∙ an accusation in writing, charging a person withan offense, subscribed by the prosecutor and filedwith the court (Sec. 4, Rule 110, RoC)

∙ a sworn written statement, charging a person withan offense, subscribed by the offended party, anypeace officer or other public officer, charged withthe enforcement of the law violated (Sec. 3, Rule110, RoC)

∙ need not be under oathBUT it must be signed and subscribed by theprosecutor, who shall certify THAT he hasconducted the required PI

∙ must be under oathBUT lack of oath is not a formal defect and will notinvalidate judgment

∙ valid, when signed by the prosecutor, who isauthorized to conduct PI of the offense committedwithin his jurisdiction

∙ PREVAILS, in case of conflict between theinformation and the complaint filed, thus, omissionsmade in the complaint, though corrected in theinformation, are fatal (People vs. Oso, 1935)∙ A complaint for purposes of PI by the fiscal needNOT be filed by the “offended party.” Unless theoffense subject thereof is one that cannot beprosecuted de oficio, the complaint may be filed, forPI purposes, by any competent person. Thecomplaint referred to in Rule 110 contemplates onefiled in court, not with the fiscal, and in such case,the proceeding must be started by the aggrievedparty himself. (Ebarle vs. Sucaldito)

GENERALLY, a criminal action is commenced by complaint or information, both of which are filed incourt. A complaint must be filed by the offended party, while an information must be filed by the fiscal. Buta "complaint" filed with the fiscal prior to a judicial action may be filed by any person (Ebarle vs.Sucaldito).

Under Sec. 11, 1991 Revised Rules on Summary Procedure, criminal cases covered by the said rules arecommenced by filing EITHER a complaint or information. BUT, in Metro Manila and in chartered cities, acriminal case can only be commenced by filing an INFORMATION, EXCEPT when the offense cannot beprosecuted de oficio.

Under Sec. 1(b), 1991 Revised Rules on Summary Procedure, the said criminal cases includeVIOLATIONS of traffic laws, rules and regulations; rental law; municipal or city ordinances; and BatasPambansa Blg. 22 and ALL other criminal cases, where the punishment is imprisonment for not longerthan 6 months and/or fine of not more than P1,000. Provided, that offenses involving damage to propertythrough criminal negligence cost (damage) no more than P10,000. ALSO, the 1991 Revised Rules onSummary Procedure does NOT apply to a criminal case, where the offense charged is necessarily relatedto another criminal case subject to the ordinary procedures.

Under Secs. 6-13, Rule 110, 2000 Rules on Criminal Procedure, an INFORMATION MUST include all ofthe following:1. Parties

a. Name of Offended Partyb. Name of Accused

2. Designation of Offense by Statute3. Acts or Omissions Complained of as Constituting the Offense

including a statement of the qualifying or aggravating circumstances4. Approximate Time of the Commission of the Offense5. Place of Commission6. Signature of Prosecutor (for Information)7. Signature of Offended Party, Peace Officer or Public Officer Charged with Enforcement of the Law

(for Complaint)8. NOTE: If Information is filed after inquest (and not preliminary investigation), ADD:


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a. Place where accused is actually detainedb. Full name and address of evidence custodianc. Detailed description of recovered items, if any

9. Verification10. Certification of Preliminary Investigation or Inquest

The Certification of Preliminary Investigation is appended to an Information filed after a full blownPI is conducted. On the other hand, as per DOJ Circular No. 61 (September 21, 1993; “NewRules on Inquest”), Sec. 14, the Certification as to Conduct of Inquest is filed, if the accused wasarrested without a warrant and refused/failed to execute a written waiver of the provisions of Art.125, RPC, in which case, the ACP should have conducted an INQUEST and not a PI.

Note that the oath made by the ACP or prosecutor is administered by a public officer authorized toadminister an oath (i.e., the City Prosecutor in the sample below). Thus, the JURAT does not contain anyreference to the CTC details.

Sample Information for Bigamy (with Certificate of Preliminary Investigation or Inquest):

(Caption)

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 2006, in the City of Quezon and within the jurisdiction of this HonorableCourt, the said accused, being then legally married to BIL MOKO, and without such marriagehaving been legally dissolved and thus valid and existing, did wilfully, unlawfully and felicitouslycontract a second marriage with ASA WA in the City of Quezon.

CONTRARY TO LAW. <+ allegation of any aggravating circumstances>

ELLIOT NESSAssistant City Prosecutor

CERTIFICATE OF PRELIMINARY INVESTIGATION

I hereby certify that a preliminary investigation in this case was conducted by me in accordance with law; that Iexamined the Complainant and her witnesses; that there is reasonable ground to believe that the offense chargedhad been committed and that the accused is probably guilty thereof; that the accused was informed of the Complaintand of the evidence submitted against him and was given the opportunity to submit controverting evidence; and thatthe filing of this Information is with the prior authority and approval of the City Prosecutor.


SUBSCRIBED AND SWORN TO BEFORE ME this 9th

day of August 2006 in Quezon City.

AL CAPONECity Prosecutor

Bail Recommended: P10,000.00


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Sample Information for Theft:

(Caption)


Criminal Case No. 00567- versus - For: Theft

KLEPTO MANIAC,Accused.

x --------------------------------------------- xINFORMATION

The Undersigned accuses KLEPTO MANIAC of the crime of Theft, committed as follows:

That on or about 3 July 2006, in the City of Quezon and within the jurisdiction ofthis Honorable Court, the said accused, then 11 years old and without any knownaddress, willfully, unlawfully and feloniously, with intent to gain, without force uponthings or violence upon persons and without the knowledge and consent of MAALAHAS, the owner, took a gold necklace studded with diamonds valued at OneHundred Thousand Pesos (P100,000.00) to the prejudice of said owner.

CONTRARY TO LAW.


CERTIFICATION AS TO CONDUCT OF INQUEST

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 theaccused, despite opportunity to do so, there is reasonable ground to believe that the accused has committed the crime oftheft and should, thus, be held for said crime; that this Information was with the prior authority of the City Prosecutor.


SUBSCRIBED AND SWORN TO BEFORE ME this 9th of August 2006 in Quezon City.

AL CAPONECity Prosecutor

Sample Information for Attempted Rape:

(Caption)


Criminal Case No. 00567- versus - For: Attempted Rape

MAEL SIA,Accused.

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

INFORMATION

The undersigned accuses MAEL SIA of attempted rape committed as follows:

That on or about 6 June 2005, in Quezon City, the accused did then and there wilfully, unlawfullyand 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 committhe crime of attempted rape upon her person, to wit: while SEK SEE was cooking lunch, the accusedseized her from behind, threw her to the floor, raised her skirt, pulled down her underwear and attemptedto penetrate her with his sexual organ and would have succeeded in doing so had not her loud protestsand vigorous resistance brought her neighbors to her assistance, causing the accused to flee from thepremises without completing all the acts of execution.

CONTRARY TO LAW with the aggravating circumstance of dwelling.


PLUS: Certification of Preliminary Investigation or Inquest


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C. Motions

1. Motion to Quash Information

A motion to quash information MUST include all of the following:1. Caption and Title2. Parties3. Distinct Specification of Factual and Legal Grounds for Quashal4. Relief5. Date/Place6. Signature of Counsel7. Notice of Hearing8. Affidavit of Service

Sample Motion to Quash Information:

[1] Republic of the PhilippinesNational Capital Judicial Region



Criminal Case No. 00567- versus - For: Theft

KLEPTO MANIAC,Accused.

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

MOTION TO QUASH

[2] THE ACCUSED, by counsel, respectfully moves to quash the Information for the crime of theft on thefollowing:

[3] GROUNDS

1. IT CONTAINS AVERMENTS WHICH, IF TRUE, WOULD CONSTITUTE A LEGALJUSTIFICATION;

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 knownaddress. Under Article 12, paragraph 3 of the Revised Penal Code, a person over nine years of age and underfifteen, 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 accusedcannot be tried but instead proceeded against under Article 80 of the Revised Penal Code, which provides that aminor, unless sixteen years of age at the time of the commission of a grave or less grave felony, cannot be tried butinstead shall have the benefit of a suspension of all proceedings against him. The duty of the court would be tocommit the minor to the custody or care of a public or private benevolent or charitable institution for the care andeducation of homeless and delinquent children or to the custody of the Department of Social Work and Development.

[4] WHEREFORE, it is respectfully prayed that the Information against the accused be QUASHED and that theaccused be released immediately from detention.


[6] (Sgd.) MITCH MCDEERECounsel for the Accused

[Address]



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2. Motion to Quash Search Warrant

Under Sec. 14, Rule 126, RoC, a MOTION TO QUASH SEARCH WARRANT may be filed in and actedupon only by the court where the action is filed. If no action has yet been filed, it may be filed with thecourt that issued the search warrant. If the latter court has yet to issue a resolution and a criminal case isthen filed in another court, the motion may be resolved by such other court.

A motion to quash search warrant MUST include all of the following:1. Caption and Title2. Distinct Specification of Factual and Legal Grounds for Quashal

a. Failure to comply with form prescribed by lawb. Served beyond periodc. More than one offensed. No personal determination of probable cause by Judgee. No probable cause

3. Relief4. Place/Date5. Signature of Counsel6. Notice of Hearing7. Proof of Service

Sample Motion to Quash Search Warrant:

[1] (Caption)PEOPLE OF THE PHILIPPINES,

Plaintiff,

- versus - Criminal Case No. 00022For: 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 thisHonorable Court on and dated 12 July 2006 based on the following considerations:

[2] 1. Rule 126, Sec. 10 or the Revised Rules of Court provides expressly that a search warrant shall be valid forten (10) days from its date and that thereafter, it shall be void.

2. Search Warrant No. 1122 is dated 12 July 2006. It was served on the accused on 23 July 2006, the 11th

dayfrom its date; this is certified to by the Sworn Inventory and Return executed by Major Alang Alam, the leader of thesearching team (a copy of which is already part of the records). A search was made on the same day, 23 July 2006;pursuant to said search, certain objects were seized and delivered to the court. Under the law, the Search Warrant isvoid and must, thus, be quashed.

[3] WHEREFORE, it is respectfully prayed that Search Warrant No. 1122 be QUASHED and all objects seizedunder its purported authority be declared INADMISSIBLE under the exclusionary rule in Article III, Section 3(2) inrelation to section 2 of the 1987 Constitution.


[5] (Sgd.) MA TAPANGCounsel for Accused

[Address]



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3. Motion to Suppress Evidence

Under Sec. 14, Rule 126, RoC, a MOTION TO QUASH SEARCH WARRANT may be filed in and actedupon only by the court where the action is filed. If no action has yet been filed, it may be filed with thecourt that issued the search warrant. If the latter court has yet to issue a resolution and a criminal case isthen filed in another court, the motion may be resolved by such other court.

A motion to suppress evidence MUST include all of the following:1. Caption and Title2. Distinct Specification of Factual and Legal Grounds for Suppression

a. Search without witnessesb. Served beyond periodc. More than 1 offensed. No receipte. No inventoryf. Property not subject of seizureg. Not evidence in plain view

3. Prayer/Relief4. Place/Date5. Signature of Counsel6. Notice of Hearing7. Proof of Service

[1] (Caption)


- versus - Criminal Case No. 00022For: 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 2006, pursuant toSearch Warrant No. 1122 issued by this Honorable Court dated 12 July 2006, based on the following considerations:

[2] 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 wasserved on the 11th day and is, thus,void.

1. Rule 126, Sec. 10 of the Revised Rules of Court 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 2006. It was served on the accused on 23 July 2006, the 11th day from itsdate; 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 2006; 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 doesnot fall within the property thatmay 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


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the motor vehicle and libel.

6. Moreover, the motor vehicle is not mala prohibita that would justify a seizure thereof; neither could there be aseizure of evidence in plain view.

[3] WHEREFORE, it is respectfully prayed that all objects seized under the void Search Warrant No. 1122 be declaredINADMISSIBLE under the exclusionary rule in Article III, section 3(2) in relation to Section 2 of the 1987 Constitution.Furthermore, it is prayed that the Green Jaguar XJE with license plate “No. 1" be immediately returned to the accused.


[5] (Sgd.) MA TAPANGCounsel for Accused

[Address]


4. Motion for Bail

A motion for bail MUST include all of the following:1. Caption and Title2. Parties3. Specification of Grounds for Entitlement to Bail

The allegation in this regard would invariably be to the effect that the evidence of guilt is notstrong and the relief prayed for would be a bail hearing and the subsequent admission to bail.

4. Prayer/Relief5. Place/Date6. Signature of Counsel7. Notice of Hearing8. Proof of Service

[1] (Caption)


Criminal Case No. 00567- versus - For: Murder

NAKA PIIT,Accused.

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

MOTION FOR BAIL

[2] THE ACCUSED, by counsel, respectfully moves to be allowed bail on the ground that the [3] prosecution’s evidenceof his guilt is not strong. In support, he respectfully submits the following:

1. The Information alleges that he raped the private complainant on 25 December 2005 at his residence in QuezonCity. The prosecution’s own evidence, however, belies this allegation as: (a) the medical certificate (attached as ANNEX Ato the Information) states that private complainant is in a virgin state with no physical and outward signs of trauma; (b) themedical certificate issued by the NBI doctor (attached as ANNEX B to the Information) after a physical examination of theaccused, two (2) days after the alleged rape, shows that he is suffering from erectile dysfunction and has been so afflictedfor close to five (5) years now and (c) the sworn statements of the private complainant conflict with and contradict each othersuch 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 thancircumstantial 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 prosecutionshould 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.



(Sgd.) MITCH MCDEERECounsel for the Accused

[Address]

PLUS: Request for and Notice of Hearing


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D. Application for Probation

An application for probation MUST include all of the following:1. All the Requirements as in Ordinary Motions2. Grounds for Probation (See PD 968, as amended)3. Prayer/Relief4. Verification by Applicant5. Notice of Hearing

[1] (Caption)


- versus - Criminal Case No. 114878

RECY DIVIST,Accused.

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

APPLICATION FOR PROBATION

THE ACCUSED, by counsel, respectfully applies for probation pursuant to the provisions of Presidential DecreeNo. 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 locatedat Timog Avenue, Quezon City. On 23 February 2007, she pleaded “guilty” to the offense charged herein;consequently, this Honorable Court in its Order dated 8 March 2007 sentenced accused-applicant to anindeterminate penalty ranging from three (3) years to five (5) years of prision correccional.

[2] 2. Accused-applicant humbly submits that she possesses all the qualifications and none of thedisqualifications 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 byimprisonment of not less than one (1) month and one (1) day and/or a fine of not less than TwoHundred Pesos (P200.00);

2.3. She has not previously applied for nor had been previously placed under probation underPresidential Decree No. 968.

2.4. She has not started to serve her sentence and, to date, has not filed any Notice of Appealfrom the Order of conviction.

3 Finally, granting this application will not in any way depreciate the seriousness of the offense charged norcause 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.

[3] WHEREFORE, accused-applicant respectfully prays that her application for probation be GRANTED and thatshe be placed under probation under such terms and conditions necessary to attain and ensure the objectives of thelaw 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 2007.

(Sgd.) ATTICUS FINCHCounsel for Accused

[Address]

PLUS: [4] Verification[5] Request for and Notice of Hearing


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IV. Pleadings and Other Legal Documents Common to Civil and Criminal Procedure

A. OFFER OF EVIDENCE ANDOPPOSITION/COMMENT TO OFFER

B. DEMURRER TO EVIDENCEC. NOTICE OF LIS PENDENSD. APPEARANCE AND WITHDRAWAL AS

COUNSEL

E. SUBSTITUTION OF COUNSEL

A. Offer of Evidence and Opposition/Comment to Offer

A FORMAL OFFER OF EVIDENCE (also called “FORMAL OFFER OF DOCUMENTARY EXHIBITS”)applies to criminal and civil cases. In criminal cases, the private prosecutor has no personality to formallyoffer the evidence, NOR to do anything in a criminal case, as everything is done under the direction andcontrol of the public prosecutor. Thus, the offer is made in the name of the PROSECUTION. This isalways made in TABLE or COLUMN form, such that it would be easier for the Court to see the ExhibitNo., Description and Purpose but, for Bar purposes, this would not be practicable nor practical.HOWEVER, the Offer MUST contain the Exhibit Number, a description of the Exhibit and the Purpose ofOffer. Furthermore, every legal document MUST be signed by BOTH the public prosecutor and theprivate prosecutor. It would also be acceptable to have the Offer, prepared by a private prosecutor,signed by the public prosecutor to show his CONFORMITY thereto.

If the question calls for an Offer of Evidence by the Accused/Defense, then the proper 1st

par. shouldread: “The Accused (Defendant), by counsel, respectfully offers his/her documentary exhibits insupport of his/her defenses, as follows:”.

This is a common mistake for any legal document submitted by a private prosecutor. It is important toremember that the private prosecutor has no personality to do anything in a criminal case as everything isunder the control and direction of the public prosecutor. Thus, every legal document must be signed byboth the public prosecutor and the private prosecutor. Note that it would also be acceptable to havethe Offer that is prepared by a private prosecutor signed by the public prosecutor to show hisconformity thereto.

Sample Formal Offer of Evidence:




Criminal Case No. 000011- versus -


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

FORMAL OFFER OF EVIDENCE

THE PROSECUTION, by the undersigned public and private prosecutors, respectfully offer their documentaryexhibits in support of their case-in-chief:

1. Exhibit A, the sworn statement of ‘Alang Kaso, the private complainant, and Exhibit A-1, his signature–toprove that on the date and time stated in the affidavit, the accused issued a post-dated check in the amount of OneMillion Pesos (P1,000,000.00) which, on presentment for payment, was dishonored for lack of insufficient funds; toprove 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 2004, issued by the accused in the amount of One Million


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Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with notation “DAIF”; Exhibit B-2, the signature ofaccused on face of the check–to prove the issuance of the check, the amount stated, the reason for dishonor and theidentity 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 factstherein stated and in support of its case-in-chief and for all other relevant purposes.


ELLIOT NESS ATTICUS FINCHPublic Prosecutor Private Prosecutor

Copy furnished:

MITCH MCDEERECounsel for Accused

On the other hand, a COMMENT/OPPOSITION TO OFFER only objects to the ADMISSIBILITY of thedocument objected to, and never to the purpose of the offer, which goes to the weight of the document(unless, the objection is relevance, then purpose may properly be objected to as relevance alsodetermines admissibility). Any objections to purpose should be made in the Memorandum and anappropriate reservation to do so may be stated in the Comment.

Sample Comment/Opposition to Offer:


Criminal Case No. 000011- versus -


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

COMMENT ON THE PROSECUTION’SFORMAL OFFER OF EVIDENCE

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 areINADMISSIBLE because the private complainant was never presented to authenticate the document or subjected tocross-examination, thus, the document is hearsay and inadmissible.

2. Exhibit B, the post-dated check dated 30 June 2004, issued by the accused in the amount of One MillionPesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with notation “DAIF”; Exhibit B-2, the signature ofaccused on face of the check are INADMISSIBLE for violation of the Best Evidence Rule as the original check wasnever presented; and no basis for the presentation of secondary evidence laid.

ACCORDINGLY, the ACCUSED respectfully submits that the Prosecution’s Exhibits are INADMISSIBLE andmust, thus, be EXCLUDED.


(Sgd.) MITCH MCDEERECounsel for the Accused

[Address]

Copy furnished:

ELLIOT NESSPublic Prosecutor

ATTICUS FINCHPrivate Prosecutor


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B. Demurrer to Evidence

In civil cases, a DEMURRER may be filed with or without leave of court, but if the demurrer is granted andlater reversed on appeal, the defendant loses the right to adduce evidence.

Sample Demurrer in a Civil Case:

(Caption)




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

DEMURRER TO THE EVIDENCE

DEFENDANT, by counsel, with leave of court previously sought and granted, respectfully submits this Demurrerto 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 theobligation under the contract, (c) the demandability of the obligation under the contract and (d) defendant’s liability forthe obligation and damages.

3. Consequently, plaintiff has failed to prove his claims by a preponderance of evidence and defendant isentitled to a dismissal of the Complaint against her.

WHEREFORE, defendant respectfully prays that the Complaint against her be DISMISSED.


(Sgd.) OBI WAN KENOBICounsel for Defendant

[Address]



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On the other hand, in criminal cases, a DEMURRER TO EVIDENCE, which may also be called a“MOTION TO ACQUIT” since the relief sought is acquittal, is a litigious motion and must be set forhearing. Under Sec. 23, Rule 119, RoC, if the court denies the demurrer filed with leave of court, theaccused may present evidence in his defense. BUT, if the demurrer was filed WITHOUT leave of court,the accused waives the right to present evidence and submits the case for judgment on the basis of theevidence for the prosecution. If the second option is sought, the MOTION FOR LEAVE OF COURT TOFILE DEMURRER TO EVIDENCE must be filed PRIOR to the Demurrer, and it is only after such Motionhas been granted, that the Demurrer may be filed.

Sample Demurrer in a Criminal Case:

(Caption)


Criminal Case No. 007- 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, respectfully submits this Demurrer to theProsecution’s Evidence on the ground that the prosecution has failed to adduce sufficient evidence of his guilt toovercome 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 thispresumption is that it entitles the accused to not say anything in his defense and places the burden directly on theprosecution to prove everything relative to his guilt. Thus, the prosecution must rely on the strength of its evidenceand 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.

2.1. The accused is charged with violation of PD 1866; the gravamen of the offense isunauthorized possession of a firearm. Concretely, this means that the prosecution must prove thatthe 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 proofof 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 isinnocent; he must, thus, be acquitted.

WHEREFORE, the accused respectfully prays that the Information against him be DISMISSED and that he beACQUITTED of the crime charged.


DARTH SIDIOUSCounsel for the Accused

[Address]



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C. Notice of Lis Pendens

Sample Notice of Lis Pendens:

Republic of the Philippines4

thJudicial Region

REGIONAL TRIAL COURTBranch 71, Antipolo

DAMI LUPA,Plaintiff,

Civil Case No. 007- versus - For: Reconveyance

ALANG LUPA,Defendant.

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

NOTICE OF LIS PENDENS

THE REGISTER OF DEEDSAntipolo City, Rizal Province

Please take notice that a parcel of land covered by TCT No 1234 located in Antipolo, Rizal; registered in thename of defendant is the subject matter of an action for reconveyance of an undivided one-sixth portion thereof filedby DAMI LUPA, above-named plaintiff. Accordingly, please record this notice on the title.



(Sgd.) ATTICUS FINCHCounsel for Plaintiff

[Address]Copy furnished:

MITCH MCDEERE, Esq.Counsel for Defendant

D. Appearance and Withdrawal as Counsel

The CONFORMITY (as reflected by the signature) and name of the client, who authorized the counsel tomake its entry, MUST be shown in the ENTRY OF APPEARANCE.

Sample Entry of Appearance:

Republic of the PhilippinesREGIONAL TRIAL COURT

National Capital Judicial RegionBranch 101, Quezon City


Civil Case No. 1357- versus - For: Legal Separation


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

ENTRY OF APPEARANCE


Please enter the appearance of the undersigned as counsel for defendant Padme Amidala, with her express


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conformity as indicated below, in this case. Henceforth kindly address all pertinent notices to the undersigned at theaddress given below.



(Sgd.) OBI WAN KENOBINo. 1, Imzadi PlaceTatooine, Pasig City

WITH MY CONFORMITY:

(Sgd.) PADME AMIDALA

Copy furnished:

DARTH SIDIOUS

In the same vein, the express CONFORMITY of the client must GENERALLY be shown by the lawyer,who seeks to withdraw his appearance as counsel. If such conformity was provided, the lawyer does nothave to explain his withdrawal. BUT, if such conformity was not given prior to withdrawal, the lawyer maybe asked to secure conformity, except when the withdrawal was due to fundamental and irreconcilableprofessional differences, which must be STATED so as to justify the absence of conformity.

Sample Withdrawal as Counsel:

(Caption)




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 plaintiffat his address given in the Complaint.



(Sgd.) MACE WINDU1 Imperial Palace, Cloud City, Pasig City

WITH MY CONFORMITY:

(Sgd.) ANAKIN SKYWALKER


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Sample Withdrawal as Counsel WITHOUT Client’s Conformity:

(Caption)




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

WITHDRAWAL OF APPEARANCE


Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN SKYWALKER dueto irreconcilable professional differences with plaintiff, for which reason the express conformity of plaintiffcannot be obtained. Henceforth kindly address all pertinent notices to plaintiff at his address given in the Complaint.



(Sgd.) MACE WINDU1 Imperial Palace, Cloud City, Pasig City

E. Substitution of Counsel

Sample Substitution of Counsel:

(Caption)




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

SUBSTITUTION OF COUNSEL

THE UNDERSIGNED respectfully enters his appearance as counsel for defendant Padme Amidala insubstitution of former counsel Darth Maul, as shown by her express conformity below. Henceforth, kindly address allpertinent notices to the undersigned at the address given below.



OBI WAN KENOBICounsel for Defendant

2 Corruscant PlaceTatooine Road, Pasig City

WITH MY CONFORMITY:

(Sgd.) PADME AMIDALA


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Part V. Pleadings in Cases and Special Proceedings

A. PETITION FOR HABEAS CORPUSB. PETITION FOR ADOPTIONC. PETITION FOR DECLARATION OF

NULLITY OF MARRIAGED. PETITION FOR PROBATE OF

HOLOGRAPHIC WILL

A. Petition for Habeas Corpus

Sample Petition for Habeas Corpus:


REGIONAL TRIAL COURTBranch 191, Makati

IN RE: PETITION FOR HABEASCORPUS OF THE MINORS LUKEAND LEIA SKYWALKER

SP No. 111334PADME 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 marriagebetween petitioner and respondent Anakin Skywalker.

2. The marriage failed and petitioner has been living separately from respondent since 2004. Sometime inFebruary 2007, respondent, unknown to petitioner, abducted the minor children and has kept them incommunicadoand out of petitioner’s reach.

3. Being below seven (7) years of age, custody of the minors is naturally presumed to belong to petitioner, astheir mother. Consequently, respondent’s refusal to allow petitioner to regain custody over the minors is unlawful andunjustified.

WHEREFORE, petitioner respectfully prays that a writ of habeas corpus issue directing respondent to make areturn showing his legal authority to detain the minor children, subject of this petition, and thereafter, present theminor children personally before the Court on a date and time it chooses.


OBI WAN KENOBICounsel for Petitioner

[Address]

PLUS: Verification and Certification against Forum Shopping


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B. Petition for Adoption

Sample Petition for Adoption:

IN RE: PETITION FOR ADOPTIONOF ANAKIN SKYWALKER

SP No. 111334DARTH VADER and PADME AMIDALA,

Petitioners.x ------------------------------------------ x

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 ANAKINSKYWALKER, 10 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 notabandoned the minor child. With full knowledge of petitioners’ intention, they have expressly given their writtenconsent 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 alsomorally qualified to bring up and educate the said minor.

WHEREFORE, it is respectfully prayed that judgment be rendered in petitioners’ favor adjudging the minor childANAKIN SKYWALKER freed from all legal obligations of obedience and maintenance with respect to his/her naturalparents and that he/she be declared to all legal intents and purposes, the child of herein petitioners and that his/hersurname be changed to that of petitioners.


(Sgd.) MASTER YODA[Address]


C. Petition for Declaration of Nullity of Marriage

Under AM No. 02-11-12-SC Proposed Rule on Provisional Orders, the ff. provisional orders may beapplied 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]g) admin of common property [§ 8]

Under thesame Rule, child custody may be sought in a petition for declaration of nullity where the courtconsiders the best interests of the child as paramount. Provisional custody may be awarded to thefollowing based on the order of preference:1. to both parents jointly2. to either parent taking into account all relevant considerations, esp. the choice of the child3. to the surviving grandparent, or if there are several of them, to the grandparent chosen by the child

above 7 years of age unless the grandparent chosen is unfit or disqualified4. to the eldest brother or sister over 21 years of age unless unfit or disqualified5. to the actual custodian over 21 years of age unless unfit or disqualified, or6. to any other person deemed by the court suitable to provide proper care and guidance. § 4.


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Also under the same Rule, child support may be sought. It must first be taken from the properties of theabsolute community or the conjugal partnership. In the discretion of the court, either parent or both maybe ordered to give an amount necessary for support, maintenance and education of the child in proportionto the resources or means of the giver and to the needs of the recipient. Thus, the earning capacity of theparent and the amount needed for support must be alleged.

Sample Petition for Declaration of Nullity of Marriage with Application for Provisional Orders:

[Caption and Title]


1. Petitioner is a Filipino citizen, of legal age and married to respondent. For purposes of this petition, she maybe served with notices and other pertinent processes through counsel at [address of counsel].

2. Respondentis 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 ofchildren, respective ages]. A copy of the Marriage Contract executed by petitioner and respondent is attached asANNEX 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 2001. The reason forthe continuing separation in fact is the breakdown of the marriage due to both petitioner’s and respondent’s mutualpsychological incapacity to fulfill and discharge their respective marital obligations to each other, which existed at thetime of the marriage in 1998 but manifested itself well into the marriage

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 counseling sessions all of which provedunproductive 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 clinicalassessment by a trained professional, Clinical Psychologist [state name]. Despite several attempts, respondentrefuses to agree to any sober and productive discussion with petitioner and is always highly emotional and angry, itwas, 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 ofconfirming 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 PartnerRelational Problem and is said to have “Masochistic Personality Disorder” or “301.9 Personality Disorder NotOtherwise Specified”; on the other hand, the assessment given by the psychologist of respondent’s psychologicalmake-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 ingreater detail in the Clinical Assessment Report (“Report”) dated 28 December 2006, a copy of which is attachedas ANNEX E.

8. Their minor children 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 torespondent. All of the children are minors and, under the law, children under seven (7) years of age shall not beseparated from the mother, save for exceptional circumstances which do not exist in this case.

10. Petitioner cannot, however, provide for all the financial needs of the children as she is only earning a limitedamount of money from her work whereas respondent is gainfully employed and earns more than enough for his ownpersonal needs. Petitioner earns only (state amount) from her work as shown by her payslip attached as ANNEX Fwhereas respondent earns (state amount) from his work as shown by his payslip attached as ANNEX G. Thecommon 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).

WHEREFORE, petitioner respectfully prays that PROVISIONAL ORDERS for child custody and child support beissued giving to petitioner custody pendente lite over their minor children and directing respondent to give monthlysupport in the amount of (state amount), subject to any adjustments that may be made based on changing earningcapacity as well as needs.


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Petitioner also prays that, after trial, judgment be rendered in her favor by declaring petitioner to bepsychologically 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, orderingthe dissolution of the conjugal partnership of gains; and

[2] Awarding permanent custody of the children to petitioner, with express acknowledgement ofrespondent’s visitation rights;

[3] Awarding support in the amount of (state amount) subject to adjustments to be madedepending on changes in earning capacity and needs of the children.

All other just and equitable reliefs are also prayed for.



[Address]


D. Petition for Probate of Holographic Will


REGIONAL TRIAL COURTBranch 30, San Juan

RE: PROBATE OF THE HOLOGRAPHICWILL OF PABLING SIA.,

SP PROC. No. 0023PALING KERA,

Petitioner,x ------------------------------------ x

PETITION


1. Petitioner is a Filipino citizen and the widow of the deceased.

2. On 16 August 2006, PABLING SIA died, having previously executed a holographic will in his own handwritingand in a language known to him. A copy of the will is attached as ANNEX A. The handwriting may be attested to ashis 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 andcash 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 atNo. 555, Tuna Road, Marinara Subdivision, Quezon City.

WHEREFORE, it is respectfully prayed that after due notice and publication this Honorable Court fix the date forthe probate of the holographic will and that letters of administration be issued in favor of the herein petitioner andthereafter adjudicate the properties of the deceased in accordance with the said holographic will.


(Sgd.) MITCH MCDEERECounsel for the Petitioner

[Address]



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Part VI. Deeds, Contracts and Other Legal Documents

A. GENERAL POWER OF ATTORNEYB. SPECIAL POWER OF ATTORNEYC. CONTRACT OF LEASED. HOLOGRAPHIC AND NOTARIAL WILLE. DONATION INTER VIVOSF. SECRETARY’S CERTIFICATEG. BOARD RESOLUTIONSH. DEED OF ASSIGNMENTI. DEED OF SALEJ. DACION EN PAGOK. CHATTEL MORTGAGE

DEED :: a sealed instrument, containing a contract or covenant, delivered by the party to be boundthereby, and accepted by the party to whom the contract or covenant runs

└ an instrument in writing, upon paper or parchment, between parties able to contract, subscribed,sealed and delivered (both definitions found in Black’s Law Dictionary)

CONTRACT :: a meeting of minds between two persons, whereby one binds himself, with respect to theother, to give something or to render some service (Art. 1305, NCC)

└ an agreement, upon sufficient consideration, to do or not to do a particular thing (Black’s LawDictionary)

A. General Power of Attorney

POWER OF ATTORNEY :: an instrument authorizing a person to act as the agent or attorney of theperson granting it (Black’s Law Dictionary)

Although a GENERAL POWER OF ATTORNEY would suffice in ordinary instances, the Civil Codeexpressly requires a SPECIAL POWER OF ATTORNEY in the instances specified under Art. 1878thereof, to wit:1. To make such payments as are not usually considered as acts of administration;2. To effect novations which put an end to obligations already in existence at the time the agency was

constituted;3. To compromise, to submit questions to arbitration, to renounce the right to appeal from a judgment, to

waive objections to the venue of an action or to abandon a prescription already acquired;4. To waive any obligation gratuitously;5. To enter into any contract by which the ownership of an immovable is transmitted or acquired either

gratuitously or for a valuable consideration;6. To make gifts, except customary ones for charity or those made to employees in the business

managed by the agent;7. To loan or borrow money, unless the latter act be urgent and indispensable for the preservation of the

things which are under administration;8. To lease any real property to another person for more than one year;9. To bind the principal to render some service without compensation;10. To bind the principal in a contract of partnership;11. To obligate the principal as a guarantor or surety;12. To create or convey real rights over immovable property;13. To accept or repudiate an inheritance;14. To ratify or recognize obligations contracted before the agency;15. Any other act of strict dominion.


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Sample General Power of Attorney:

GENERAL 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 PADMEAMIDALA to be my true and lawful attorney-in-fact, for me and in my name, place and stead, to do and perform thefollowing 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 outthe acts as fully to all intents and purposes as I might do or lawfully do if personally present, with power of substitutionand revocation, and hereby ratifying and confirming all that my said attorney-in-fact or his substitute shall lawfully door cause to be done under and by virtue of these presents.

IN WITNESS WHEREOF, I have signed this instrument this 7 July 2007 at Tatooine.

(Sgd.) OBI WAN KENOBIPrincipal

SIGNED IN THE PRESENCE OF:

(Sgd.) R2D2

(Sgd.) C3PO

Acknowledgment

B. Special Power of Attorney

Sample Special Power of Attorney:

SPECIAL POWER OF ATTORNEY


I, OBI WAN KENOBI, of legal age, and resident of Tatooine, do hereby name, constitute and appoint PADMEAMIDALA, of legal age, and resident of Naboo, to be my true and lawful Attorney-in-Fact and in my name, place andstead, 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 inconnection 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 7 July 2007 at Tatooine.

(Sgd.) OBI WAN KENOBIPrincipal


(Sgd.) R2D2

(Sgd.) C3PO

Acknowledgment


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C. Contract of Lease

CONTRACT OF LEASE


This Agreement made and entered into at Makati this 7th

day of July 2007 by and between DAMI BAHAY, oflegal age, married to ASA WA, (LESSOR) and resident of Makati City, and ALANG BAHAY, of legal age, single andresident of Quezon City (LESSEE), WITNESSETH that:

1. In consideration of a monthly rental of FIVE THOUSAND PESOS (P5,000.00) and the covenants madebelow, the LESSOR hereby LEASES to the LESSEE an apartment located at 199 San Antonio Village, Makati Citycovered by Tax Declaration No. 001 (Makati City Assessor’s Office) for a period of TWELVE (12) MONTHS fromsigning 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 atthe residence of LESSOR;

2.2. To keep the premises in good and habitable condition, making the necessary repairs andpainting inside and outside the house;

2.3. Not to make major alterations and improvements without the written consent of theLESSOR and in the event of such unauthorized major alterations and improvements, surrenderingownership 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 ANG BAHAYLessor Lessee

With my consent:ASA WA

Acknowledgment

BEFORE ME, a Notary Public for Makati City, personally appeared on the 7th

of July 2007, the following persons,with their respective CTC details indicated below:

DAMI BAHAY CTC No. ____________ issued at/onALANG BAHAY CTC No. ____________ issued at/on

known to me to be the same persons who executed the foregoing instrument, denominated as a Contract of Leaseconsisting of __ pages, signed on each and every page by the parties and their instrumental witnesses, havingacknowledged 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. TARIOUntil December 31, 2007

PTR No. 0000111/1/05/99, Makati CityDoc. No.Page No.Book No.Series of 2007.


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D. Holographic and Notarial Will

HOLOGRAPHIC WILL :: a will (i.e., an act whereby a person is permitted, with the formalities prescribedby law, to control to a certain degree the disposition of his estate, to take effect after his death) whichsimply has to be entirely written, date, and signed by the hand of the testator himself (Arts. 783, 810NCC, restated)

NOTARIAL WILL :: a will (i.e., an act whereby a person is permitted, with the formalities prescribed bylaw, to control to a certain degree the disposition of his estate, to take effect after his death) whichcomplies with the requirements laid down in Arts. 805 and 806, Civil Code, among others (Arts. 783, 805-806, NCC, restated)

Sample of a Holographic Will:

San Juan, Metro Manila7 July 2007

I hereby execute this holographic will, in my handwriting and in the English language which I know how to readand write, bequeathing my house and lot located at No. 555, Tuna Road, Marinara Subdivision, Quezon City to myson, PABLING SIA JR., and cash amounting to Fifty Thousand Pesos (P50,000) to my spouse, PALING KERA.

(Sgd.) PABLING SIA SR.

Sample of a Notarial Will:

LAST WILL AND TESTAMENTof

PABLING SIA, SR.


I, PABLING SIA, SR., of legal age, married to PALING KERA, a native of Lipa City, Batangas, now actuallyresiding at San Juan, Metro Manila, being of sound and disposing mind and memory, and not acting under influence,violence, fraud or intimidation of whatever kind, declare this to be my Last Will and Testament which I have caused tobe written in English, the language which is known to me. And I hereby declare that:

I. The following are my children and their addresses;

(Name of children and addresses)

II. I give and bequeath to my children __________, __________, and __________, in equal shares, thefollowing properties, real and personal, whatsoever and wheresoever located:

(Description of property)

III. I designate _______________ as the sole executor of this Last Will and Testament.

IN WITNESS WHEREOF, I have set my hand this 7th

day of July 2007 in San Juan, Metro Manila.

(Sgd.) PABLING SIA, SR.

Under Art. 805, Civil Code, an ATTESTATION CLAUSE, which is required in every notarial will anddonations mortis causa (which are essentially wills), must state the number of pages used upon which thewill is written, and the fact that the testator signed the will and every page thereof, or caused some otherperson to write his name, under his express direction, in the presence of the instrumental witnesses, andthat the latter witnessed and signed the will and all the pages thereof in the presence of the testator andof one another.


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Sample Attestation Clause for a Notarial Will:

ATTESTATION CLAUSE

WE, the undersigned witnesses, whose residences are stated opposite our respective names, do hereby certifythat: the testator _________________ has published unto us the foregoing will consisting of ___ pages numberedcorrelatively in letters on the upper part of each page, as his/her last will and testament and has signed the same andevery page thereof, on the left margin, in our joint presence and we, in turn, at his/her request have witnessed andsigned the same and every page thereof, on the left margin, in the presence of the testator and in the presence ofeach other.

SAKSI 1 ResidenceSAKSI 2 ResidenceSAKSI 3 Residence

Sample Acknowledgment of a Notarial Will:

JOINT ACKNOWLEDGMENT

BEFORE ME, Notary Public for and I the City of San Juan, Philippines, this 7th

day of July, 2007, personallyappeared:

PABLING SIA, SR. (Testator), with Valid Identification Document _______ issued by (official agency),on 6 July 2006;

SAKSI 1 (Witness), with Valid Identification Document _______ issued by (official agency), on 6 July2006;



all known to me to be the same persons who signed the foregoing Will, the first as testator and the last three asinstrumental witnesses, and they respectively acknowledged to me that they signed the same as their own free actand deed.

This Will consists of ___ pages, including the page in which this acknowledgment is written, and has been signedon the left margin of each and every page thereof by the testator and his witnesses and has been sealed with myNotarial seal.

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

(Sgd.) N. O. TARIONotary Public

Until __________________PTR No. _______________Issued at ______________On ___________________

Doc. No.Page No.Book No.Series of 2007.


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E. 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, situatedin _________________, and more particularly described in Original/Transfer Certificate of Title No. ____ of the landregistry 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, theabove 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 hasreserved for himself/herself in full ownership sufficient property to support him/her in a manner appropriate to his/herneeds;

That the DONEE does hereby accept this donation of the above-described property, and does hereby expressgratitude for the kindness and liberality of the DONOR.

IN WITNESS WHEREOF, the DONOR and the DONEE have signed this deed on 7 July 2007 and at QuezonCity, Philippines.

LALIM BULSADonor

ACCEPTED:

DAMI UTANGDonee


(Sgd.) MIRON 1

(Sgd.)MIRON 2

PLUS: Acknowledgment


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F. Secretary’s Certificate

Sometimes, it is important to indicate whether the meeting was a general or a special meeting,considering that the Corporation Code expressly provides that a meeting specially called for a particularpurpose, e.g. to increase corporate indebtedness, is necessary to do such particular corporate act.

SECRETARY’S CERTIFICATE

I, DEANNA TROI, of legal age, with office address at __________________, on the basis of the corporaterecords, do hereby certify that under oath that:

1. I am the Corporate Secretary of ENTERPRISE HOLDINGS INC. (“corporation”), a corporation duly organizedand existing under Philippine laws, with the same office address given above.

2. At a meeting of the Board of Directors of the corporation held on ___________, at which meeting a quorumwas 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, thesame 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 TROICorporate Secretary

ATTESTED:

JEAN-LUC PICARDPresident

PLUS: Jurat

G. Board Resolutions

Sample Board Resolution Granting Authority to Act:

Board Resolution No. ___

RESOLVED, that Mr. Jean-Luc Picard, as Chairperson and Chief Executive Officer of Enterprise Holdings beauthorized, as he is hereby authorized, to enter into any and all transactions with the representatives of theFerengi Trade Federation, as may prove to be beneficial to the corporation in his own opinion and determination.

Approved and adopted this 7th

day of July, 2007 at Makati City, Philippines.

(Name of Directors)

Sample Board Resolution Increasing the Number of Directors and Making the NecessaryAmendment to the Articles of Incorporation:

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 ofIncorporation to reflect this increase.

Approved and adopted this 7th

day of July, 2007 at Makati City, Philippines.

(Name of Directors)


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H. Deed of Assignment

DEED OF ASSIGNMENT


I, DAMI SHARES, of legal age, Filipino and resident of ________________, for and in consideration of the sum of____________________ Pesos (P_____), receipt of which is hereby acknowledged do hereby assign, cede, transfer andconvey unto DAMI LUPA, likewise of legal age, and resident of ______________, all his/her rights, title, ownership andinterest 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 unpaidsubscription on the said shares.

The assignor hereby irrevocably constitute, name and appoint the assignee to be his/her true and lawful attorney-in-factto make representations with the corporate secretary and to cause the annotation of this assignment in the books of thecorporation.

IN WITNESS WHEREOF, the assignor has signed this deed on 7th day of July, 2007 at the City of Manila.

DAMI SHARESAssignor


(Sgd.) MIRON 1

(Sgd.) MIRON 2


I. Deed of Sale

Standard Form of Deed of Sale of Registered Land (Unilateral):

Republic of the Philippines )Makati City ) S.S.

DEED OF ABSOLUTE SALE


I, MA YA MAN, Filipino, single, and resident of _________________________, for and in consideration of the amountof _______________________, paid to me today by MA GU LANG, Filipino, single and resident of ________________ dohereby 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 asfollows:

(Technical Description of property/ies; specify metes and bounds of the property/ies with approximatearea 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 TitleNo. ______, 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 ofsale.

IN WITNESS WHEREOF, I have signed this deed this 7th day of July, 2007 at Makati City.

MA YA MANVendor

[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 WAVendor’s Wife


(Sgd.) MIRON 1

(Sgd.) MIRON 2



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Standard Form of Deed of Sale of Unregistered Land (Unilateral)


DEED OF ABSOLUTE SALE


I, MA YA MAN, Filipino, single, and resident of _________________________, for and in consideration of theamount of __________, paid to me today by MA GU LANG, Filipino, single and resident of_______________________ do hereby SELL, TRANSFER and CONVEY absolutely and unconditionally unto saidMA GU LANG that certain parcel(s) of land, together with the buildings and improvements thereon situated in the Cityof Makati, and more particularly described as follows:

(Description: state the nature of each piece of land and its improvements, situations andboundaries, area in square meters, whether or not the boundaries are visible on the land by meansof monuments or otherwise; and if they are, what they consist of, the permanent improvements, ifany, the page number of the assessment of each property for current year or years whenregistration 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 _______________; thatthe permanent improvements existing thereon consist of _________ (if none, state so); that the land is assessed forthe current year at P______________ as per Tax Declaration No. __________, and the buildings and/orimprovements , at P____________ as per Tax Declaration No. _________, of the City Assessor of Makati.

The above described real estate, not having been registered under Act No. 496 nor under the Spanish MortgageLaw, the parties hereto have agreed to register this instrument under the provisions of Sec. 194 of the RevisedAdministrative Code, as amended.

IN WITNESS WHEREOF, I have signed this deed this 7th

day of July, 2007 at Makati City.

MA YA MANVendor

[Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor ismarried, then add the following:]

With my consent:

ASA WAVendor’s Wife


(Sgd.) MIRON 1

(Sgd.) MIRON 2



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Standard Form of Deed of Sale with Pacto de Retro (Bilateral):


DEED OF SALE WITH PACTO DE RETRO

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 ofMakati;

The VENDOR, for and in consideration of the amount of _________________ Pesos (P_____), to him paid byVENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONVEY under pacto de retrounto the said VENDEE, his heirs and assigns, the property with all the buildings and improvements thereon, free fromall liens and encumbrances whatsoever;

The VENDOR, in executing this conveyance, hereby reserves the right to REPURCHASE, and the VENDEE, inaccepting the same, hereby obligates himself to RESELL the property herein conveyed within a period of ____ yearsfrom date of this deed for the same price of ______________ (P____); Provided, however, that if the VENDOR shallfail to exercise his right to repurchase as herein granted within the period provided, then this conveyance shallbecome absolute and irrevocable, without need of a new Deed of Absolute Sale, subject to the requirements of lawregarding consolidation of ownership of real property.



MA YA MAN MA GU LANGVendor Vendee

With my marital consent: With my marital consent:ASA WA BA TAPA


(Sgd.) MIRON 1

(Sgd.) MIRON 2



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Standard Form of Deed of Repurchase of Land Sold under Pacto de Retro:


DEED OF RESALE


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 certainparcel of land, with all the buildings and improvements thereon, situated at Makati City, and more particularlydescribed, 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 propertywas previously sold to under pacto de retro by the said MA YA MAN on _____________, executed before NotaryPublic __________ and bearing Notarial Registration No. ___, Page No. ____, Book No. ____ and Series of 20__ ofhis Notarial Register, a copy of which is attached as ANNEX A.


of July, 2007 at Makati City.

MA GU LANGVendor

[Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor ismarried, then add the following:]

With my consent:

BA TAPAVendor’s Wife


(Sgd.) MIRON 1

(Sgd.) MIRON 2



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Standard Form of Deed of Sale with Mortgage:


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 andimprovements 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 ofMakati;

The VENDOR, for and in consideration of the amount of _________________ Pesos (P_____), to him paid byVENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONVEY unto the saidVENDEE, his heirs and assigns, the property with all the buildings and improvements thereon, free from all liens andencumbrances whatsoever;

It is hereby agreed and stipulated that the UNPAID BALANCE OF ____________ Pesos (P____), of whichamount _________________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 herebyMORTGAGE unto the said VENDOR-MORTGAGEE, his heirs and assigns, the property described, together with allthe buildings and improvements thereon, under the express stipulation that if the said VENDEE-MORTGAGOR shallpay or cause to be paid unto the VENDOR-MORTGAGEE the obligations, then this Mortgage shall be of no furtherforce and effect; otherwise, the same shall remain in full force and effect and shall be enforceable in the mannerprescribed by law.



MA YA MAN MA GU LANGVendor Vendee

With my consent: With my consent:ASA WA BA TAPAVendor’s Wife Vendee’s Wife


(Sgd.) MIRON 1

(Sgd.) MIRON 2



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J. Dacion En Pago

Under Art. 1245, Civil Code, DATION IN PAYMENT (dacion en pago) is a mode of payment by whichproperty is alienated to the creditor in satisfaction of a debt in money; it is governed by the law of sales.

Standard Form of Deed of Assignment of Real Estate in Payment of Debt (Dacion En Pago):

DEED OF ASSIGNMENT


This Deed of Assignment, made and executed by and between DAMI UTANG, Filipino, of legal age, married toALANG MALAY, with residence at _____________ (ASSIGNOR) and DAMI LUPA, Filipino, of legal age, married toBIL MOKO, with residence at _______________ (ASSIGNEE), WITNESSETH:

That the ASSIGNOR is indebted to the ASSIGNEE in the sum of ___________ Pesos (P______) and in fullpayment and complete satisfaction thereof hereby assign, transfer and convey unto the ASSIGNEE that certain realestate with all the buildings and improvements thereon, situated in ___________, and more particularly described asfollows:

(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 7 July 2007 at Makati City.

DAMI UTANG DAMI LUPAAssignor Assignee

With my marital consent:ALANG MALAY BIL MOKOAssignor’s Wife Assignee’s Wife



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K. Chattel Mortgage

Sample of Chattel Mortgage:


CHATTEL MORTGAGE


That I, DAMI KOTSE, of legal age, married and resident of Makati, for and in consideration of the loan of FIVEHUNDRED THOUSAND PESOS (P500,000.00), granted to me by YAMAN NYA, also of legal age, married andresident of Makati, to be paid one (1) year from date hereof, have transferred and conveyed by way of chattelmortgage unto said YAMAN NYA, his heirs, successors and assigns, free from all liens and encumbrances thatcertain 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 MotorVehicle 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 toYAMAN NYA in accordance with the terms and conditions of this instrument; Upon payment, this contract shallbecome null and void; otherwise, it shall continue in full force and effect and may be foreclosed in accordance withlaw.

IN WITNESS WHEREOF, I have signed this instrument on 7 July 2007 at Makati City.

DAMI KOTSE

Affidavit of Good Faith

We severally swear that DAMI KOTSE, mortgagor, and YAMAN NYA, mortgagee, have executed theforegoing Chattel Mortgage in order to guarantee as good and binding the obligations mentioned above and is notintended to defraud creditors.

YAMAN NYA DAMI KOTSE

Signed in the presence of:

UZI 1 UZI 2



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Part VII. Appeals and Other Modes of Review

A. ORDINARY APPEALS IN CIVIL CASESB. ORDINARY APPEALS IN CRIMINAL CASES

C. PETITIONS FOR REVIEW

A. Ordinary Appeals in Civil Cases

From MTC (original jurisdiction) to RTC(appellate jurisdiction):

Pursuant to Rule 40, Rules of Court, the appeal,which MUST be filed within 15 DAYS fromnotice of judgment or final order, MUST includeall of the following:1. Notice of Appeal

- Parties- Judgment or final order appealed from- Material dates showing timeliness of

appeal2. Proof of Payment of Appellate Court Docketand Other Lawful Fees3. Memorandum for Appellant or Appellee

From RTC (original jurisdiction) to CA:

Pursuant to Rule 41, Rules of Court, the appeal,which MUST be filed within 15 DAYS fromnotice of judgment or final order, MUST includeall of the following:1. Notice of Appeal2. Brief for Appellant

- 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 from The Appellee shall likewise file his

Brief, which follows the same formatas that in the Appellant’s Brief,EXCEPT for the Copy of judgmentor final order appealed from.

3. Appellant’s Reply Brief4. Memorandum (in special cases)

- Statement of the Case- Statement of the Facts- Statement of the Issues- Argument- Relief

B. Ordinary Appeals in Criminal Cases

From MTC (as trial court) to RTC (appellatejurisdiction):

Pursuant to Sec. 1(a), Rule 122, Rules of Court,the appeal, which MUST be filed within 15DAYS from notice of judgment or final order,MUST include all of the following:1. Notice of Appeal2. Brief/Memorandum for Appellant or Appellee

From RTC (as trial court) to CA:

Pursuant to Secs. 1(b) and 3(a), Rule 122,Rules of Court, the appeal, which MUST be filedwithin 15 DAYS from notice of judgment or finalorder, MUST include all of the following:1. Notice of Appeal2. Brief/Memorandum for Appellant or Appellee

From RTC (as trial court) to SC:

Pursuant to Sec. 3(c) in relation to Sec. 3(a),Rule 122, Rules of Court, the appeal, whichMUST be filed within 15 DAYS from notice ofjudgment or final order, MUST include all of thefollowing:1. Notice of Appeal2. Brief/Memorandum for Appellant or Appellee

NOTE that the only instance when an ordinaryappeal from the RTC to the SC and where resortis made by simple notice of appeal is when thepenalty imposed by the RTC is reclusionperpetua or life imprisonment or where a lesserpenalty is imposed BUT involving offensescommitted on the same occasion or arising outof the same occurrence, which gave rise to themore serious offense for which the penalty ofdeath, reclusion perpetua or life imprisonment isimposed.


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C. Petitions for Review

From RTC (as appellate court) or from aquasi-judicial agency to CA:Pursuant to Rules 42 and 43, Rules of Court, thepetition, which MUST be filed within 15 DAYSfrom notice of judgment or final order OR withinthe maximum of 15 DAYS extension periodtherefrom, MUST include all of the following:1. Full names of petitioner and respondent2. Statement of Material Dates3. Statement of Material Averments4. Statement of Issues, Errors of Fact or Law5. Argument6. Verification and Certification against Forum

Shopping7. Attachments

- Certified true copy or duplicate originalcopy of judgment/final order questioned

- Clear and legible copy of all pleadingsand other material portions of the record

8. Proof of Service and Explanation for Serviceby Registered Mail (if applicable)

From RTC (on pure questions of law) or CA(appellate jurisdiction) to SC:

The petition, which MUST be filed within 15DAYS from notice of judgment or final order ORwithin the maximum of 15 DAYS extensionperiod therefrom, MUST include all of thefollowing:1. Names of Petitioner and Respondent

(Without Impleading the LowerCourt/Judge/Justice)

2. Statement of Material Dates3. Material Allegations, Reasons or Arguments

for Allowance of Petition4. Verification and Certification against Forum

Shopping5. Attachments

- Certified true copy or duplicate originalcopy of judgment/final order questioned

- Clear and legible copy of all pleadingsand other material portions of the record

6. Proof of Service and Explanation for Serviceby Registered Mail (if applicable)


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Part VIII. Forms Relevant to the Writs of Amparo and Habeas Data

A. AMPARO

B. HABEAS DATA

A. Amparo

Under A.M. No. 07-09-12-SC, the Rule on theWrit of Amparo, anyone whose right to life,liberty and security is violated or threatened withviolation by an unlawful act or omission of apublic official or employee, or of a privateindividual or entity can file a SIGNED ANDVERIFIED petition for the issuance of a writ ofamparo. BUT, it is not available for violations orthreatened violations of the right to property perse, except when the right to property isconnected to the right to liberty such that thelatter right cannot be vindicated withoutaddressing the threat to or violation of the rightto property.

The petition can be filed SUCCESSIVELY (or byDEFAULT) by the following: an aggrieved party;a member of his immediate family (i.e., spouse,children & parents); an ascendant, descendantor collateral relative within the 4

thcivil degree of

consanguinity or affinity; and in default of all theforegoing, by a concerned citizen, organization,association or institution. The filing by a moreprior party suspends the right of all others to filesimilar petitions. NOTE that even if the Rule didnot expressly require so, if the petition was filedby any of the relators, a statement must bemade that the aggrieved party did not, or couldnot file the petition.

The petition may be filed on any day, or at anytime with any of the following courts, and the writis enforceable anwhere in Philippines.a. RTC of place where the threat, act or

omission was committed or any of itselements occurred

b. Sandiganbayan or Court of Appeals or anyjustice there

c. Supreme Court or any justice there

The petition MUST include all of the following:1. Personal Circumstances of the Petitioner2. Name and Personal Circumstances of the

Respondent Responsible OR if the Name isUnknown or Uncertain, his AssumedAppellation

3. Right to Life, Liberty and Security of theAggrieved Party Violated or Threatened,Act/s Allegedly Violative of Said Rights andthe Attendant Circumstances

4. Investigation Conducted, if any, theInvestigating Authority, the Manner andConduct Thereof and any Report thereon

5. Actions and Recourses Taken by thePetitioner to Determine the Fate orWhereabouts of the Aggrieved Party and theIdentity of the Person Responsible

6. Relief Prayed For*7. Certification against Forum Shopping

WON this certification is necessary isdebatable. The Rule does not expresslyrequire a Certification and the Ruleforbids the filing of a motion to dismiss.HOWEVER, Sec. 5, Rule 7, RoC, whichis the general rule on all initiatorypleadings may be used to justify theneed for such a certification.

The VERIFIED return and supporting affidavits,which must be filed within 72 HOURS afterservice of writ MUST include all of the following:1. Lawful Defenses2. Steps or Actions Taken by the Respondent

to Ensure the Security and Confidentiality ofthe Data or Information

3. All Relevant Information in the Respondent’sPossession

4. If the Respondent is a Public Official orEmployee, he must further state the actionsthat have been or will still be taken to:a. verify the identity of the aggrieved partyb. recover and preserve evidencec. identify witnesses and obtain statements

from themd. determine the cause, manner, location

and time of death or disappearance +any pattern or practice

e. identify and apprehend the person/sinvolved

f. bring the suspected offenders before acompetent court

The Rule provides for four INTERIM reliefs forthe petitioner, to wit: a temporary protectionorder, an inspection order, production order andwitness protection order. On the other hand, twoINTERIM reliefs are provided for the respondent,namely: an inspection order and a productionorder.

The judgment must be rendered within 10 daysfrom the time the petition was submitted fordecision, while an appeal under Rule 45, RoCon the basis of questions of fact and/or law mustbe filed within 5 working days from notice ofadverse judgment.


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The following are PROHIBITED pleadings andmotions:1. motion to dismiss2. motion for extension of time to file return,

opposition, affidavit, position paper andother pleadings

3. dilatory motion for postponement4. motion for a bill of particulars5. counterclaim or cross-claim6. third-party complaint7. reply8. motion to declare respondent in default9. intervention10. memorandum11. MR of interlocutory orders or interim relief

orders12. petition for CMP against any interlocutory

order

Standard Form of a Petition for the Issuance of a Writ of Amparo:

[CAPTION AND TITLE]

Republic of the Philippines(COURT)(Location)

Name of Aggrieved Party or Relator,Petitioner,

(Case No. _____________)- versus -

Name of Public Official/EmployeeOr Private Individual or Entity,

Respondent/s.

X ---------------------------------------- X

PETITION


[PARTIES]

1. Petitioner/Relator is . . .1.1. Personal/Professional Circumstances Relevant (if by Relator, state relationship of relator to victim)1.2. Factual Statements Relevant to Grounds (Violation of Right to Life, Liberty and Security of Person or Threat

thereof)1.3. Contact Details1.4. Other Relevant Details

2. Respondent/s is/are . . .2.1. Personal/Professional Circumstances Relevant2.2. Contact Details2.3. Other Relevant Details

[BODY]

3. Statement of Facts


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3.1. Chronology of Events Relevant to the right violated (e.g., enforced disappearance or extrajudicial killing)3.2. Statement as to Judicial Affidavits (if any) of witnesses3.3. Statement as to efforts exerted to vindicate the right/s and results of such efforts

4. Statement of Material Facts Relevant to Interim Reliefs (if any)a. Temporary Protection Orderb. Inspection Orderc. Production Orderd. Witness Protection Order

5. Statement of Material Facts Relevant to Final Relief/s

[RELIEF]

WHEREFORE, . . .(a) Interim Reliefs be granted immediately(b) Final Reliefs be granted after hearing(c) Interim Reliefs be made permanent(d) Other Reliefs be granted

[DATE AND PLACE]

[NAME AND SIGNATURE + ALL MATERIAL INFORMATION OF COUNSEL]

[VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING]

[AFFIDAVIT OF SERVICE AND EXPLANATION OF SERVICE]

Standard Form of a Return:

[CAPTION AND TITLE][PARTIES][BODY]

1. Supporting Affidavits of respondents and their witness/es2. Statement as to:

2.1. lawful defenses to show that respondent/s did not violate or threaten with violation the rights subject of thePetition;

2.2. the steps or actions taken to determine the fate or whereabouts of the AP and the persons responsible forthe threat, act or omission

2.3. all relevant information in the possession of the respondent pertaining to the threat, act or omission againstthe AP;

2.4. [if the respondent is a public official/employee], add:actions taken or to be taken:

a. to verify the identity of the AP;b. to recover and preserve evidence related to the death or disappearance of the person identified in the

petition which may aid in the prosecution of the person/s responsible;c. to identify witnesses and obtain statements from them concerning the death or disappearance;d. to determine the cause or manner, location and time of death, or disappearance as well as any pattern or

practice that may have brought about the death or disappearance;e. to identify and apprehend the person/s responsible;f. to bring the suspected offenders before a competent court.

3. Opposition to Interim Reliefs applied for

[RELIEFS][DATE AND PLACE][NAME AND SIGNATURE + ALL MATERIAL INFORMATION OF COUNSEL][VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING][AFFIDAVIT OF SERVICE AND EXPLANATION OF SERVICE]


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B. Writ of Habeas Data

Under A.M. No. 08-01-16-SC, the Rule on theWrit of Habeas Data, anyone whose right toPRIVACY in life, liberty or security is violated orthreatened by an unlawful act or omission of apublic official or employee, or of a privateindividual or entity engaged in the gathering,collecting or storing of data or informationregarding the person, family, home andcorrespondence of the aggrieved party, can filea petition for the issuance of a writ of habeasdata. BUT, this remedy is NOT AVAILABLE forviolations or threatened violations of the right toproperty per se, except where the right toproperty is connected to the right to liberty suchthat the latter right cannot be vindicated withoutaddressing the threat to or violation of the rightto property.

The petition can be filed by the aggrievedparty.BUT, in cases of extralegal killings andenforced disappearances: a member of hisimmediate family (i.e., spouse, children &parents), or an ascendant, descendant orcollateral relative within the 4

thcivil degree of

consanguinity or affinity can file the petition.

The petition may be filed with any of thefollowing courts, and the writ is enforceableanwhere in Philippines.a. RTC of place where the

petitioner/respondent resides OR that whichhas jurisdiction over the place where thedata/information is gathered/collected/storedat the petitioner’s optionAND when the action concerns public datafiles of government offices:

b. Sandiganbayan or Court of Appeals or anyjustice there

c. Supreme Court or any justice there

The petition MUST include all of the following:1. Personal Circumstances of the Petitioner

and the Respondent2. Manner the Right of Privacy is Violated or

Threatened and HOW it Affects the Right toLife, Liberty or Security of the AggrievedParty

3. Actions and Recourses Taken by thePetitioner to Secure Data/Info

4. Location of the Files, Registers orDatabases, the Government Office, and thePerson in Charge/Possession/Control ofData/Info, if known

5. Reliefs Prayed For The Court may order, by way of final

relief that the act be enjoined or the dataor information deleted, destroyed orrectified. The Court may also order thatall other relevant reliefs be granted.

* In case of threats, the relief may includeINJUNCTION.

6. Other Relevant Reliefs as are Just andEquitable

*7. Certification against Forum Shopping WON this certification is necessary is

debatable. The Rule does not expresslyrequire a Certification and the Ruleforbids the filing of a motion to dismiss.HOWEVER, Sec. 5, Rule 7, RoC, whichis the general rule on all initiatorypleadings may be used to justify theneed for such a certification.

Since only indigents are exempted from payingdocket fees and other lawful fees, they mustsubmit their proof of indigency within 15 DAYSfrom the filing of the petition.

The VERIFIED return, which must be filed within5 WORKING DAYS after service of writ (subjectto reasonable extension for justifiable reasons)MUST include all of the following:1. Lawful Defenses

e.g. national security, state secrets,privileged communications,confidentiality of the source of info ofmedia and others

2. In Case of Respondent inCharge/Possession/Control of Data/Info:a. disclosure of data/info about petitioner,

nature of such data/info and purpose forits collection

b. steps or actions taken by therespondent to ensure the security andconfidentiality of the data or information

c. currency and accuracy of the data orinformation held

3. Other Allegations Relevant to Resolution

The PROHIBITED pleadings and motions arethe SAME as in the writ of amparo, to wit:1. motion to dismiss2. motion for extension of time to file return,

opposition, affidavit, position paper andother pleadings

3. dilatory motion for postponement4. motion for a bill of particulars5. counterclaim or cross-claim6. third-party complaint7. reply8. motion to declare respondent in default9. intervention10. memorandum11. MR of interlocutory orders or interim relief

orders12. petition for CMP against any interlocutory

order


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Standard Form of a Petition for the Issuance of a Writ of Habeas Data:

[CAPTION AND TITLE]

Republic of the Philippines(COURT)(Location)

Name of Aggrieved Party or Relator,Petitioner,

(Case No. _____________)- versus -

Name of Public Official/EmployeeOr Private Individual or Entity,

Respondent/s.

X ---------------------------------------- X

PETITION


[PARTIES]

1. Petitioner/Relator is . . .1.1. Personal/Professional Circumstances Relevant (if by Relator, state relationship of relator to victim)1.2. Factual Statements Relevant to Grounds (Violation of Right to Privacy in Life, Liberty or Security or Threat

thereof)1.3. Contact Details1.4. Other Relevant Details

2. Respondent/s is/are . . .2.1. Personal/Professional Circumstances Relevant2.2. Contact Details2.3. Other Relevant Details

[BODY]

3. Statement of Facts3.1. Chronology of Events Relevant to the right violated (e.g., enforced disappearance or extrajudicial killing)3.2. Statement as to Judicial Affidavits (if any) of witnesses3.3. Statement as to efforts exerted to vindicate the right/s and results of such efforts

4. Statement of Material Facts Relevant to any Interim Reliefs (if any)

5. Statement of Material Facts Relevant to Final Relief/s

[RELIEF]

WHEREFORE, . . .(a) Interim Reliefs be granted immediately(b) Final Reliefs be granted after hearing(c) Interim Reliefs be made permanent(d) Other Reliefs be granted

[DATE AND PLACE]

[NAME AND SIGNATURE + ALL MATERIAL INFORMATION OF COUNSEL]

[VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING]

[AFFIDAVIT OF SERVICE AND EXPLANATION OF SERVICE]


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Standard Form of a Return:

[CAPTION AND TITLE][PARTIES][BODY]

1. Supporting Affidavits of respondents and their witness/es2. Statement as to:

2.1. Lawful defenses to show that respondent/s did not violate or threaten with violation the rights subject of thePetition;

2.2. Disclosure of the data or information about the petitioner, the nature of such data or information and thepurpose for its collection;

2.3. The steps or actions taken by the respondent/s to ensure the security and confidentiality of the data orinformation; and

2.4. The currency and accuracy of the data or information held;2.5. Other allegations relevant to the resolution of the proceeding;

3. Opposition to Interim Reliefs applied for

[RELIEFS][DATE AND PLACE][NAME AND SIGNATURE + ALL MATERIAL INFORMATION OF COUNSEL][VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING][AFFIDAVIT OF SERVICE AND EXPLANATION OF SERVICE]

* Most of these forms are based on Prof.Theodore Te’s Legal Forms v2009, while theothers are based on “Philippine Legal Forms

Plus” 2009 by Atty. Fernando B. Duque


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Glossary of Uncommon Terms

ABJURE - to renounce, repudiate or retract, esp.with solemnity, under oath; to recant.

AB INITIO - from the beginningABNEGATE - to refuse or deny oneself (rights,

claims, conveniences, etc.); reject; give upADDLEBRAINED - foolish; silly; having or

revealing a muddled or confused mind; stupidAD HOMINEM - appealing to one's prejudices,

emotions or special interest rather than tointellect or reason, as by attacking one'sopponent rather than debating the issue.

ADVENTITIOUS - added extrinsically; notessentially inherent; out of the proper place orusual place.

A FORTIORI - with stronger reasonAGRESTIC - rural; crude; uncouthAIDE-MEMOIRE - a memorandum of a discussion;

proposed agreementALEATORY - depending or pertaining to chance,

luck or contingency; unpredictableALEXIPHARMAC - an antidoteAMICUS CURIAE - a friend of the court; a person

appointed by the court as an impartial adviser.AMORPHOUS - without definite form; shapeless,

of no definite or particular type, kind orcharacter; unorganized; vague.

ANACHRONISM - the representation of somethingas existing or occurring at other than its propertime, esp. earlier; anything that is or seems tobe out of its proper time in history

ANCHORITE - a person who lives alone and apartfrom society for religious meditation; hermit;recluse

ANDROGYNOUS - exhibiting both male andfemale characteristics, esp. sexual ones;hermaphroditic

ANIMADVERT - to observe, censure; to commentor act upon something with disapproval;criticize adversely

ANTEBELLUM - before the warANTIPODE - anything diametrically opposed; exact

oppositeANTITHESIS - opposition; contrast; the direct

oppositeAPHORISM - a terse, pithy expression embodying

a wise or clever observation or a general truth;maxim; adage

APOCALYPTIC - prophesying total destruction orgreat disasters; affording a revelation orprophesy; pertaining to the Apocalypse

APOCRYPHAL - of doubtful sanction, authorshipor authority; uncanonical; false; spurious;counterfeit

APOGEE - the farthest or highest pointA POSTERIORI - from the effect to the cause;

reasoning sequence opposed to a prioriA PRIORI - reasoning sequence from cause to

effect

ARGUMENTUM AD ADSURDUM - an argumentproving the absurdity of an opponent'sargument

ARGUMENTUM AD HOMINEM - an argument tothe individual man, i.e., to his interests andprejudices

ATHWART - across; against; opposedATRABILIOUS - sad; melancholy; morose;

gloomy; irritable; bad-temperedATTORNEY AD HOC

A person named appointed by the court todefend an absentee defendant in the suit inwhich the appointment is made.

ATTORNEY-AT-LAWThat class of persons who are licensed officersof the courts empowered to appear, prosecuteand defend, and upon whom peculiar duties,responsibilities and liabilities are developed bylaw as a consequence.

ATTORNEY IN FACTAn agent whose authority is strictly limited bythe instrument appointing him. His authority isprovided in a special power of attorney orgeneral power of attorney or letter of attorney.He is not necessarily a lawyer.

ATTORNEY OF RECORDThe attorney whose name is entered in therecords of an action or suit as the lawyer of adesignated party thereto. (1999 BAR EXAMS)

AUTARKY - national economic self-sufficiency; anational policy of economic independence,esp. of getting along without imports

AUTODIDACT - a person who is self-taughtAVANT GARDE - the advance group, the leaders,

or the radical in any field, esp. in the visual,literary or musical arts, whose works arecharacterized by unorthodox and experimentalmethods; vanguard

BAGATELLE - something of little value; anunimportant trifle; a short, light piece of music

BAR AND BENCHBar refers to the whole body of attorneys andcounselors collectively, the members of thelegal profession.Bench denotes the whole body of judges.

BARRATRYOffense of frequently inciting and stirring upquarrels and suits. The lawyer’s acts offomenting suits among individuals and offeringlegal services to one of them. (1993 BAREXAMS)

BEAU COUP - very much; very manyBEAU GESTE - a fine or beautiful gesture; an act

or offer that seems fine, noble but is emptyBEAU MONDE - fashionable society; elegant worldBELLWETHER - a leader of a movement or

activityBETE NOIRE - something or someone that a

person particularly dislikes, fears, avoids,dreads or loathes

BILLINGSGATE - coarsely or vulgarly abusivelanguage


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BLANDISHMENT - speech or action that flatterand tends to coax, entice or persuade;allurement

BLOVIATE - to orate verbosely and windilyBONHOME - good nature; pleasant and easy

mannerBON VIVANT - a person who lives luxuriously and

enjoys good food and drink; an epicureBRAVURA - a display of daring; brilliant

performance; dashBRIO - animation; vivacity; zestBUMPTIOUS - offensively assertive; disagreeably

or excessively conceited, arrogant or forwardCACHINNATE - to laugh loudly, immoderately or

excessivelyCADGE - to obtain by imposing on another's

generosity or friendship; to borrow withoutintent to repay

CARTE BLANCHE - full power or authorizationCAVEAT EMPTOR - let the buyer bewareCAVIL - a trivial, annoying and pointless objection;

quibble; the raising of trivial questionsCHIMERA - a horrible or unreal creature of the

imagination; a vain, impossible or idle fancyCHUTZPAH - unmitigated effrontery or impudence;

shameless audacity; insolenceCLAUDICANT - lame; having a limpCLERISY - learned persons as a class; literati;

intelligentsia; educated people as a classCLOY - to weary by an excess of something, as of

food; sweetness, richness or pleasure; surfeit;satiate; to become uninteresting or distastefulthrough overabundance

COGITATE - to think deeply or intently; to ponder;to meditate

COGNOSCENTI - those who are well-informed orhave superior knowledge and understanding ofa certain field, esp. of fine arts, literature or theworld of fashion

COLLOCATE - to arrange or place together, esp.side by side; to arrange in proper order

COMMINATE - to threaten with divine vengeanceCOMPOS MENTIS - of sound mindCONCATENATION - a series of links united; a

series or order of things depending on eachother as if linked together; a chain; succession

CONDIGN - suitable to the fault or crime;deserved; adequate

CONTRETEMPS - an inopportune or unfortunateoccurrence; an embarrassing mischance;awkward mishap

CONUNDRUM - a riddle whose answer involves apun; any puzzling question or problem

COUP DE GRACE - a death blow, esp. onedelivered mercifully to end suffering by amortally wounded person; any finishing ordecisive stroke

CUMSHOW - a present, gratuity or tipDEBOUCH - to come forth; emergeDECLASSE - reduced to or having low status

DEFENESTRATION - the act of throwing a personor thing out of a window; a tossing out througha window

DEMIMONDE - a class of women who have lostsocial standing because of indiscreet behavioror sexual promiscuity

DEMOTIC - of or pertaining to the common people;popular; common

DE RIGUEUR - strictly required, as by etiquette,usage or fashion

DESULTORY - lacking in consistency, constancy,or visible order; disconnected; not methodical

DETRITUS - loose material that is worn away fromrocks, debris

DIKTAT - a harsh settlement unilaterally imposedon a defeated party; an authoritative decree ororder

EBULLIENT - overflowing with enthusiasm orexcitement

EFFULGENCE - the state of being bright orradiant; brilliance

ESURIENT - hungry; voracious; greedyEXIGUOUS - extremely scanty; meagerEX PARTE - from one side only; other party is not

around or absentEX TEMPORE - without preparation; impromptuFAIT ACCOMPLI - a thing already doneFALSUS IN UNO, FALSUS IN OMNIBUS - false in

one thing, false in everything. Legally, theentire testimony of a witness may bedisregarded if some part of it is found to befalse.

FARRAGO - a confused mixture; an assortment; amedley

FAUX PAS - a false step; a social blunderFRIABLE - easily crumbled; pulverized or reduced

to powderFURBELOW - something showy or superfluousGAUCHERIE - lack of social grace; tactlessnessGLABRIOUS - smooth; bald; without hairGRACILE - gracefully slender; thinGRANDILOQUENT - speaking or expressed in a

lofty highfalluting, pompous or bombastic styleGRAVAMEN - the essential part of an accusation

or that which weighs most heavily or adverselyagainst the accused

GRAVID - in the family way or pregnantHABEAS CORPUS - a legal order directing

somebody with custody of a person to bringthe party in court

HALCYON - peaceful; calm; tranquilHOLOGRAPHIC - wholly written by the person in

whose name it appears, applies particularly towills and testaments

HOUSE COUNSEL (or IN-HOUSE COUNSEL)One who acts as attorney for business thoughcarried as an employee of that business andnot as an independent lawyer

IN ARTICULO MORTIS (IN EXTREMIS) - at thepoint of death


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INCHOATE - in the early stages; not yetcompletely or clearly formed or organized;incipient

INCULPATE - to charge with fault; blame, accuseor involve in a charge

INEFFABLE - incapable of being expressed inwords; unspeakable; indescribable

INELUCTABLE - impossible to avoid or evade;inevitable

IN LOCO PARENTIS - in the place of a parentIPSO FACTO - by the fact itself; by the nature of

the caseJINGO - a person who professes patriotism loudly

or excessivelyKVETCH - to complain; to whineLAMBENT - playing lightly on or over a surface;

flickering as a lambent flameLEGERDEMAIN - sleight of handLOGORRHEA - excessive talkativeness or

wordinessMODUS VIVENDI - mode of livingMOIETY - one of equal parts; an indefinite partNE PLUS ULTRA - the highest point or

culmination; the highest point of perfectionNIHILISM - total rejection of established laws and

institutions; extreme skepticismNOBLESSE OBLIGE - the moral obligation of the

rich to display honorable or charitable conductNON COMPOS MENTIS - not of sound mindNON SEQUITUR - conclusion that does not follow

logically from the premises; a remark havingno bearing on what has just been said

NUGATORY - of no real value; of no force oreffect; ineffective

OBITER DICTUM - in court decisions, a statementmade by way of opinion

ONUS PROBANDI - the burden of proofOXYMORON - a figure of speech in which opposite

or contradictory ideas or terms are combined,such as open secret, cruel kindness, deafeningsilence

POLEMIC - a person inclined to engage inargument or disputation

PROLIX - unnecessarily long; tending to speak orwrite excessive length

PRO SEAn appearance by a lawyer in his own behalf.(1995 BAR EXAMS)

PUTATIVE - to suppose; consider; reputed;generally considered or deemed such

QUANTUM MERUIT, Doctrine ofA device to prevent undue enrichment basedon the equitable postulate that it is unjust for aperson to retain benefit without paying for it.

QUID PRO QUO - something in return;compensation

QUOTIDIAN - daily; occurring or recurring daily;ordinary; common

RAPPROCHEMENT - bringing together; drawingcloser; reconciliation

RATIOCINATION - the process of reasoningRECHERCHE - sought out with care; choice; too

refined; too studiedRES IPSA LOQUITUR, Doctrine of

Literally, the thing speaks for itself. Thisprinciple or doctrine applies to both judges andlawyers. Judges had been dismissed from theservice without the need for a formalinvestigation because based on the records,the gross misconduct or inefficiency of thejudges clearly appears. (Uy vs. Mercado, 154SCRA 567)

SERIATIM - in a series; one after anotherSUB JUDICE - under consideration by the court;

pending judgementSYBARITE - a person devoted to luxury and

pleasureTEMERARIOUS - recklessly or presumptuously

daringUMBRAGE - offense; resentment; annoyance or

displeasureUSUFRUCT - the right to use or benefit from

something which belongs to another, short ofdestroying or harming it; the use, enjoyment orprofitable possession of something

UXURIOUS - doting upon, irrationally fond of oraffectionately over abusive toward one's wife

VERISIMILITUDE - the appearance or semblanceof truth or fact; probability; something havingmerely the appearance of truth

VOLTE FACE - the act of turning so as to face inthe opposite direction; a complete change ofattitude or opinion

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