ATENEO CENTRAL BAR OPERATIONS 2007 Legal Forms SUMMER REVIEWER This is a summary of basic forms.

List of requirements have been included. For similar forms: the caption and the title have been omitted. Only the allegations have been retained. Pointers to Keep in Mind: 1. General Rule: Documents are printed on legal sized paper or 8.5 x 13. Exception: Special Power of Attorney, Contracts, Negotiable Instruments such as Promissory note 2. Rule 8, Sec. 1-4, Rules of Court. Manner of Making Allegations in Pleadings 3. Rule 9, Sec. 1 & 11, Rules of Court. Effect of Failure to Plead 4. Rule 7. Parts of a Pleading (Certification against Non-Forum Shopping, Rule 5, S ec. 5) SS the abbreviation of Scilicet means to wit; namely. It is used to particularize a general statement. The omission of SS, in a legal document is not material so as to invalidate it. I. CONTRACT FORMS A. JURAT It is that part of an affidavit where the officer certifies that the same was swo rn before him. It is used in affidavits, certifications verifications or whenever the person executing makes a statement of facts or attests to the truth of an occurrence of an event, under oath. SUBSCRIBED AND SWORN to before me this day of______, 2007 the affiant exhibiting to me his QuickTime and a TIFF (Uncompressed) decompressorare needed to see this picture. Community Tax Certificate No.________ issued at Manila on January 2, 2006. NAME OF NOTARY PUBLIC Notary Public for the Province/City of __________ Address Appointment No. ______ until December, _____ Roll of Attorney No. _______ PTR No. _________; IBP No. _________; Series No. of Commission ______ Advisers: Poncevic Ceballos; Head: Maria Felicitas Ele; Understudies: Felippe Mar t Closa, Judith Lee

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Doc. No. _____ Page No._____ Book No._____ Series of 20___ B. NOTARIAL ACKNOWLEDGMENT ACKNOWLEDGEMENT It is the act of one who has executed a deed, in going before so me competent officer or court and declaring it to be his act or deed. An acknowledgement is t o authenticate an agreement between two or more persons, or where the document contains a disposition of pro perty Two-fold function of an acknowledgment: 1. to authorize the deed to be given in evidence without further proof of its ex ecution; and 2. to entitle it to be recorded. The same purposes may be accomplished by a subscribing witness going before the officer or court and making oath to the fact of the execution, which is certified in the same manner BEFORE ME, this ___ day of ________, 20__ in the Municipality of ____________, P rovince of _________________, Philippines, personally appeared ____________________, with R esidence Certificate No. ____________ issued at ___________, __________, on __________, known to me t o be the same person who executed the foregoing instrument, and he acknowledged to me that the same i s his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, th e day, year and place above written. NAME OF NOTARY PUBLIC Notary Public for the Province/City of __________ Address Appointment No. ______ until December, _____ QuickTime and a Roll of Attorney No. _______ TIFF (Uncompressed) decompressor are needed to see this picture. PTR No. _________; IBP No. _________; Series No. of Commission ______ Doc. No. _____ (or Not. Reg. No._____)

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Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Page No._____ Book No._____ Series of 20__. C. DEED OF SALE 1. REGISTERED LAND DEED OF ABSOLUTE SALE I, __(seller)__, of legal age, married to __________, Filipino citizen, and a re sident of ___________, in consideration of the sum of __________ PESOS (P______), to me in hand paid by __ (buyer)__, of legal age, married to _________, Filipino citizen, and resident of _________, do hereby sel l and convey unto said __(buyer)__, his heirs and assigns, a parcel of land with the improvements there of situated in __________, and more particularly described as follows: (Description) of which I am the registered owner in accordance with the Land Registration Act, as amended, my title thereto being evidenced by Original/Transfer Certificate of Title No. _____ issued by th e Register of Deeds of _______. IN WITNESS WHEREOF, I have hereunto signed these presents at the city of _______ _, on this __ day of ______, 2007. ____________________ (Vendor) WITH MY MARITAL CONSENT: _____________________ QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. SIGNED IN THE PRESENCE OF: Page 3 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ACKNOWLEDGMENT 2. PERSONAL PROPERTY BILL OF SALE KNOW ALL MEN BY THESE PRESENTS: I, __(seller)__, of legal age, residing at ________________, for and in consider ation of the sum of _________________ PESOS (P__________), Philippine currency, to me paid by__(buye r)__, also legal age and residing at _______________, receipt whereof is hereby acknowledged, do here by SELL and CONVEY unto the said __(buyer)__, his heirs and assigns, the following property: (Description of Property) I further covenant with the said __(seller)__ that I own and have the right to s ell and transfer the title and ownership of the above described property; I will defend the same against the claims of any and all persons whatsoever. IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of __________, 200 7, ____________, Philippines. (Vendor) Signed in the presence of: ACKNOWLEDGMENT QuickTime and a

D. CONTRACT OF LEASE CONTRACT OF LEASE __(full name of lessor)__, of age, single / married, with residence and post-off ice address at _____________________________; hereby leases unto __(lessee)__ of age, single / married, that certain premises at _________________, under the following terms and conditions: Page 4 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 1. That the term of this lease shall be ___________________; 2. That the monthly rental of the leased premises shall be _______________ payab le in advance within the first five (5) days of the month; 3. That the premises leased have been received by the lessee in good, habitable conditions; 4. That all the ordinary repairs within the premises that arise in the daily use of the facilities therein shall be for the sole account and expense of the lessee, without right to reimbursemen t; 5. That the lessee shall use the leased premises exclusively for family dwelling , and shall have no right to use the same for business purposes; 6. That the lessee is expressly prohibited to sublet the leased premises to any one, without the express consent of the lessor in writing; 7. That all charges for water, light, gas, telephone used within the premises sh all be at the sole account of the lessee; 8. That the lessee shall be responsible for the observance of sanitary and elect rical regulations required or imposed by the city or government authorities regarding the use and habitatio n of the leased premises; 9. That the lessee shall notify the lessor at least 30 days in advance should th e lessee decide to abandon the leased premises; 10. That violation of any of the above terms and conditions will produce ipso fa cto the rescission of this contract of lease. IN WITNESS WHEREOF, the parties hereto have signed this contract of lease this _ __ day of ________________, 2007, in the City of ____________, Philippines. (Lessor) (Lessee) QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. WITNESSES: Page 5 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ACKNOWLEDGMENT E. DEED OF DONATION KNOW ALL MEN BY THESE PRESENTS: DEED OF DONATION This DEED OF DONATION, entered into by and between: ______________, Filipino, of legal age, single, with residence at ______________ and hereafter called the DONOR, and ______________, Filipino, of legal age, single, with residence at ______________ ___ and hereafter called the DONEE. WITNESSETH: That the DONOR is the absolute owner of that certain real property situated at _ ___________________and more particularly described in Transfer Certificate of Title No. _______ of the Register of Deeds of ________, as follows: (Description of property) That, for and consideration of the (insert consideration for the donation such as for faithful d DONOR by theses presents does hereby TRANSFER AND CONVEY by ve-mentioned real property, free from all kinds love and affection of the DONOR for the DONEE services the donee rendered the donor), the sai way of DONATION, unto the said DONEE, the abo of liens and encumbrances whatsoever;

That the DONEE does hereby ACCEPT the foregoing donation of the above-described property for which QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. he/she expresses his/her sincerest appreciation and gratitude for the kindness a nd liberality shown by the DONOR. IN WITNESS WHEREOF, the parties hereto have signed these presents, at _______ Ci ty, this ___ day of __________, 2007.

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Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ________________________ (Donor) ________________________ (Donee) WITNESSES: ______________________ ______________________ ACKNOWLEDGMENT E. PROMISSORY NOTE DATE_________________ P_________________, Philippines _______months (or days) after date, I promise to pay, for value received, to ___ ________ or order the sum of_____________________ PESOS, with interest at _____ percent per annum until fu lly paid. The makers and indorsers severally waive presentment for payment, protest and notice of non-pay ment of this note. (Maker) F. BILL OF EXCHANGE ___________City, May__, 2007 For value received, pay to __(payee)__ or order the sum of __________ (P________ _) PESOS, Philippine Currency, and charge the same to the account of __(drawer)__. QuickTime and a (Drawer) TIFF (Uncompressed) decompressorare needed to see this picture. G. REAL ESTATE MORTGAGE REAL ESTATE MORTGAGE Page 7 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 KNOW ALL MEN BY THESE PRESENTS: This REAL ESTATE MORTGAGE, made and executed by and between: ____________________, MORTGAGOR, Filipino, of legal age, single / married to ______________________ with post-office address at ___________________ ; and ____________________, MORTGAGEE, Filipino, of legal age, single / married to ______________________ with post-office address at ___________________ WITNESSESTH: That the MORTGAGOR does hereby convey by way of REAL ESTATE MORTGAGE unto the MORTGAGEE the following described real property, situated in ___________________ ___, together with all the improvements, to wit: (Description) of which real property the MORTGAGOR is the registered owner in accordance with the provisions of the Land Registration Act, his title thereto being evidenced by Transfer / Original Certi ficate of Title No. _______________, of the land registry of ______________; That this real estate mortgage is given as security for the payment to the mortg agee of a certain promissory note, dated ______________ for the sum of ___________ PESOS (P ______ ________), with interest thereon at the rate of ___________ per centum (__%) per annum, accordin g to the terms thereof and in the words and figures as follows: (Copy promissory note) That the conditions of this REAL ESTATE MORTGAGE are such that if the mortgagor shall well and truly pay or cause to be paid unto the mortgagee the aforesaid sum with accrued interest, then this mortgage shall be of no further force and effect; OTHERWISE, the same shall remain in ful l force and effect and shall be enforceable in the manner provided by law. QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. IN WITNESS WHEREOF, the mortgagor has hereunto set his hand, this __ day of ____ ____________, 2007 in __________________, Philippines. (Mortgagor) (Mortgagee)

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Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Signed in the presence of: ACKNOWLEDGMENT H. CHATTEL MORTGAGE DEED OF CHATTEL MORTGAGE KNOW ALL MEN BY THESE PRESENTS: This CHATTEL MORTGAGE, made and executed by __(mortgagor)__, Filipino, of legal age, single (or married to __________________), with residence and post-office address at ______ _________________ hereinafter called the MORTGAGOR in favor of __(mortgagee)__, Filipino, of legal age, single (or married to ____________________), with residence and post-office address at _______________ ___ hereinafter called the MORTGAGEE, Witnesseth: That the MORTGAGOR does hereby convey by way of chattel mortgage unto the MORTGA GEE the following described personal property, situated and ordinarily kept at _________ __________ and presently in the possession of the said MORTGAGOR, to wit: (Specify and describe the article or articles mortgaged.) That this CHATTEL MORTGAGE is given as security for the payment to the MORTGAGEE , of a certain promissory note, dated ____________________, for the sum of _____________ PESOS (P___________), with interest thereon at the rate of __________________ (__%) per centum per ann um, according to the terms thereof, and in the words and figures following: QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. (Copy the promissory note) That the condition of this CHATTEL MORTGAGE is such that if the said MORTGAGOR, his heirs, executors, or administrators shall well and truly perform the full obligation ab ove stated according to the terms thereof, then this CHATTEL MORTGAGE shall be null and void; otherwise, it shall remain in full force and effect and shall be enforceable in the manner provided for by law.

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Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 IN WITNESS WHEREOF, the MORTGAGOR has hereunto set his hand, this __ of ________ ______, 2007, in _________________, Philippines. ________________________ (Mortgagor) Signed in the presence of: ACKNOWLEDGMENT Affidavit of Good Faith WE, the undersigned MORTGAGOR and MORTGAGEE, severally swear that the foregoing chattel mortgage is made and executed for the purpose of securing the obligation specifi ed therein, and for no other purpose, and that the same is a just and valid obligation, and one not entered i nto for the purpose of fraud. (Mortgagor) (Mortgagee) JURAT I. PLEDGE PLEDGE This AGREEMENT, made and entered into this ___ day of __________, 2007 by and be tween __________ of age, single, and residing at _________________, Philippines, now a nd hereinafter called the Pledgor, and _______________________ likewise of age, married, and residing at ________________________, Philippines, now and hereinafter called the Pledgee. Witnesseth: QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. That WHEREAS, the Pledgor has executed a promissory note dated ______, 2007, in favor of the Pledgee and made payable within ____ (__) days after date at ________________, P hilippines, for amount of ___________________ (P_______) Pesos, Philippine Currency; WHEREAS, the Pledgor has agreed with the Pledgee to secure the payment of the sa id note; Page 10 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 NOW THEREFORE, in consideration of the premises and mutual covenants herein cont ained, the Pledgor has, as a collateral security for the payment of the aforementioned note and by way of pledge, deposited with the said Pledgee the following personal property of his own exclu sive ownership, and of which he has the free disposal, to wit: (Description of Property) And the said parties to this instrument agree that the Pledgee who acknowledges receipt of the aforementioned personal property of the Pledgor shall take good care of the said property until redeemed by the said Pledgor; That should the said note or any part thereof, or interest to grow thereon, rema in due and unpaid, after the said note shall have been due, according to the terms thereof, the said Pled gor, irrevocably empowers and authorizes the said Pledgee, his heirs, executors, administrators and assigns, t o sell or dispose of the abovementioned property or any part thereof at public auction as provided for in Arti cle 2112, of the Civil Code, from the proceeds of such sale to pay the principal and interest of the said note, an d all such costs as may be incurred by virtue of such sale; and That in case of deterioration or fall in the price or market value of the person al property herein pledged, the Pledgor hereby agrees to put up additional security in proportion to the det erioration or fall in market value of the same, and in default of which, the said note shall be considered due and payable under the above stipulation; but in the event of payment of said note and interests due therefro m,this agreement is to be void, and the above-named securities are to be returned to the Pledgor. IN WITNESS WHEREOF, we have set our hands this __ day of _____, 2007 at ________ ___, Philippines. ______________________________ Pledgor _______________________________ Pledgee In the presence of: QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

ACKNOWLEDGMENT Page 11 of 54

ATENEO CENTRAL BAR OPERATIONS 2007 J. SPECIAL POWER OF ATTORNEY ATENEO CENTRAL BAR OPERATIONS 2007 J. SPECIAL POWER OF ATTORNEY Legal Forms Summer Reviewer SEE Art. 1878 of the New Civil Code for the instances for special power of attor ney. SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: 1. That I, __(principal)__, Filipino citizen, of legal age, single (or married t o __________), residing at _________________ have filed a complaint for damages against _____________, Civi l Case No. ____, Regional Trial Court of _______; 2. That said case was scheduled for pre-trial on __________; 3. That in view of the fact that I cannot attend said pre-trial because I am mak ing a business trip to Japan, I have authorized by these presents my counsel, __(counsel s name)__, of le gal age, single (or married), residing at ________________ to be my true and lawful attorney, for me and in my name, place, and stead for the pre-trial _________________, to represent me and giving him full p owers to enter into pre-trial and stipulate facts in accordance with law. IN WITNESS WHEREOF, I have hereunto set my signature this, __ day of _______, 20 07 at ________. ________________________ Principal Witnesses: ACKNOWLEDGMENT QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. K. ASSIGNMENT DEED OF ASSIGNMENT Know All Men By These Presents: Page 12 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 That I, ________________, of legal age, single/married to _____________ and resi ding at _________________ Philippines, for and in consideration of the sum of P_________ ____ to me in hand paid by ______________ of legal age, single/married to ___________________ and residi ng at _______________, Philippines the receipt of which is hereby acknowledged, do hereby sell, assign, transfer and set over unto said _____________, his heirs, executors, administrators and assigns, a certain debt now due and owing to me by _______________, of legal age, single/married to ______________, and residing at _____________ Philippines, to the amount of P_____________, plus interest due and accruing the reon, for money loaned by me to said _______________. And I do hereby grant said __________, his heirs, executors, administrators and assigns, the full power and authority, for his/their own use and benefit, but at his/their own cost and expense, to demand, collect, receive, compound, compromise and give acquittance for the same or any part ther eof, and in my name and stead or otherwise to prosecute and withdraw any suit or proceeding therefor. And I do hereby agree and stipulate to and with said ___________ his heirs, assi gns, executors, administrators and assigns that said debt is justly owing and due to me from sai d ________________ and that I have not done and will not cause anything to be done to diminish or discharge sa id debt, or to delay or prevent said ____________ his heirs, assigns, executors or administrators, from collecti ng the same. And I further agree and stipulate as aforesaid that I, my heirs, executors, admi nistrators, assigns, shall and will at all times hereafter at the request of said ____________, his heirs, executors, administrators and assigns at his cost and expense, execute and do all such further acts and deeds as shall be reasonably necessary for proving said debt and to more effectually enable him to recover sa me in accordance with the true intent and meaning of these presents. IN WITNESS WHEREOF, we have hereunto set our hands on this ___ day of _______, 2 007 at the city of ___________. ______________________ (Assignor) (Assignee) In the presence of:

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. ACKNOWLEDGMENT Page 13 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 L. BOARD RESOLUTION AUTHORIZING CORPORATE OFFICER REPUBLIC OF THE PHILIPPINES } MAKATI CITY } S.S. SECRETARY S CERTIFICATE I, Katerina Staahl, Filipino, of legal age, with office address at 1434 Ayala Av enue, Makati City, after being sworn in accordance with law, do hereby depose and state as follows: 1. That I am the incumbent Corporate Secretary of Disk Drives Unlimited, a corporat ion duly organized and existing under Philippine laws, with principal office at 1434 Ayala Avenue, Makati City,; 2. That during the special meeting of the Board of Directors held on 5 January 2007 , wherein a quorum was present and acted throughout, after being informed of the necessity of obtai ning loans and/or credit accommodation with any banking/ lending institution, to generate funds for the p urpose of expanding the business of exporting hard disk drives, the Board approved the following res olution, to wit: RESOLUTION NO. BD-028-2007 RESOLVED, as it is hereby resolved, that the corporation be empowered and authorized to apply for, negotiate, obtain loans from DI BASTA BASTA BANKING INC ., including the renewal, extension and/or increase, rollover or restructuring ther eof, and/or of its existing credit facilities in such amount(s) and under such terms and conditions as may be mutually agreed upon, and to secure and guarantee the payme nt of the aforesaid loan or credit facilities by means of mortgage, pledge, assignm ent or any other form of encumbrance upon any and all properties or assets of the corporation of whatever kind or nature, real or personal, as may be sufficient o r required for the purpose. QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

RESOLVED FURTHER, as it is hereby resolved, that ISIDRO BARRIOS, the President, be authorized to sign, execute, and deliver any and all documents inc luding but not limited to loan application, disclosure statement, purpose sheet, applic ation for letters of credit, promissory note, draft, surety agreement, trust receipt, mort gages, pledge, assignment, and the like, including the renewals/extensions/increase/amendments/restructuring thereof, in order to effec tuate the foregoing matters. Page 14 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 NAME POSITION SIGNATURE Isidro Barrios President RESOLVED FINALLY that DI BASTA BASTA BANKING INC. be furnished a copy of the foregoing resolutions for its guidance and may continue to rely on t he authority conferred thereon, including the renewal, increase, roll-over and/or restructuring thereof, unless and except to the extent that the foregoing resolu tions shall be revoked or modified by the receipt of any subsequent resolution/s of th e Board of Directors of the Corporation. 3. That the foregoing Resolution remains valid and has not in any manner been novat ed, revoked, nor repealed to date. AFFIANT FURTHER SAYETH NAUGHT. Issued this 20th day of March 2007 at Makati City. Corporate Secretary II. JUDICIAL FORMS A. CAPTION REPUBLIC OF TE PHILIPPINES SUPREME COURT QuickTime and a TIFF (Uncompressed) decompressor Manila are needed to see this picture. REPUBLIC OF THE PHILIPPINES COURT OF APPEALS Manila Page 15 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Manila, Branch 12 REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT OF MANILA Manila, Branch 12 REPUBLIC OF THE PHILIPPINES MUNICIPAL TRIAL COURT Batangas City, Branch 8 REPUBLIC OF THE PHILIPPINES SECOND JUDICIAL REGION MUNICIPAL TRIAL COURT Sta. Maria, Bulacan B. TITLE BITOY VALENZUELA Plaintiff, -versus*Civil Case No. 21 For: A Sum of Money PAOLO ONTI, QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. Defendant. x------------------------------------------------x Page 16 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 * For civil cases file before ordinary courts. Use Crim. Case No. for criminal c ases and Sp. Proc No. for Special Proceedings cases. If filed before the Supreme Court or the Court of App eals, use G. R. No., or CA-GR No., respectively. C. SIGNATURE OF COUNSEL BITOY VALENZUELA Counsel for ___(plaintiff/ defendant)__ Address: _______________ Roll of Attorney No. _______________ IBP No. ____________, issued on _______ at __________. PTR No. _____________, issued on _______ at __________. D. PROOF OF SERVICE RECEIVED COPY this __ day of ________, 2007. Name of Counsel Cousel for Plaintiff / Defendant (adverse party) Roll of Attorneys No. ______ IBP OR No. ______, issued on ______ at _________. PTR OR No. ______, issued on ________ at ________. E. NOTICE OF HEARING It is important to note that the a notice of hearing shall be required only to p etitions or motion before trial courts, such as the MTC and the RTC, and not to the CA and the SC. QuickTime and a TIFF (Uncompressed) decompressorare needed to see this picture. Name of counsel Counsel for __(adverse party)__ Address: ___________________ Sir / Ma am: Page 17 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Please be informed that the undersigned counsel has set the foregoing motion (or petition) for hearing on ______ at 8:30 a.m. for the consideration of the Honorable Court or soon thereaf ter as counsel may be heard. Signature of Counsel F. EXPLANATION EXPLANATION1 Copy of the foregoing complaint was served upon defendant s counsel by registered mail, personal service not being practicable at the present time, due to the messengerial const raints. G. VERIFICATION VERIFICATION It is an averment by the party making a pleading that he is prepare d to establish the truth of the facts which he has pleaded. A pleading is verified by an affidavit stating t hat the person verifying has read the pleading and that the allegations thereof are true of his own knowledge. Verifications based on information and belief, or upon belief shall be deemed insufficient. (Rule 7, Sec. 6, Revised Rules of Court) knowledge, information, and

__(Name of affiant)__, after being sworn in accordance with law, deposes and sa ys: That he (her) is the petitioner in the above-entitled case; that he has caused the (above) forego ing petition (complaint) to be prepared and has read the contents thereof; that the allegations therein are tru e and correct of his (her) own knowledge. ___________________________ Affiant JURAT QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. H. CERTIFICATION AGAINST NON-FORUM SHOPPING CERTIFICATE OF NON-FORUM SHOPPING 1 Necessary when service is by means other than personal service. Page 18 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 I, _________________, plaintiff, of legal age, a Filipino citizen, with address at ___________________, in the above-entitled case, do hereby certify under oath that: 1. I have not heretofore commenced any action or proceeding involving the same i ssues before the Supreme Court, the Court of Appeals, or any other tribunal or agencies; 2. To the best of my knowledge, no such action or proceeding is pending in the S upreme Court, Court of Appeals, or any of their Divisions, or in any other tribunal or agency -Or [To the best of my knowledge, an action or proceeding involving the same issues is pending in the (name of the court) in (title and number of case), and its present status is (status of pending case) 3. If I should hereafter learn that a similar action or proceeding has been file d or is pending before the supreme Court, the Court of Appeals, or any other tribunal or agency, I unde rtake to report such fact within five (5) days therefrom to the Honorable Court.] Place and date. (Signature of Plaintiff) JURAT J. VERIFICATION AND CERTIFICATION AGAINST NON-FORUM SHOPPING VERIFICATION AND CERTIFICATION AGAINST NON-FORUM SHOPPING I, ___________, of legal age, after being sworn in accordance with law, depose a nd state that: 1. I am the plaintiff in this case. I have been duly authorized to execute this ver ification and certification. QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. 2. I have read the contents of the complaint and attest that the same are true and correct based on the authentic records and my personal knowledge. 3. To the best of my/plaintiff's knowledge, no other similar action is pending in t he Supreme Court , the Court of Appeals, Regional Trial Court Metropolitan and Municipal Trial Cour t, or any other Page 19 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 tribunal or agency, I/plaintiff hereby undertake to report that fact to this Hon orable Court within five (5) days from discovery. IN WITNESS HEREOF, I have hereunto set my hand this _________. (Signature of Complainant) K. GENERAL FORMAT OF A PLEADING Republic of the Philippines National Capital Judicial Region Regional Trial Court Branch _____, Makati City ________________, Plaintiff, -versus- Civil Case No._____ For:_____________ ________________, Defendant. x------------------------------------x (TITLE) (Plaintiff/Defendant), through Counsel, unto this Court, respectfully alleges: (Body) - Allegations QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. (Prayer) WHEREFORE, it is respectfully prayed that____________________. (Plaintiff/Defendant) prays for such other reliefs as this Honorable Court may d eem just and equitable. Page 20 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Makati City, Metro Manila, ____(Date)____. Signature of Counsel VERIFICATION, if required CERTIFICATE OF NON-FORUM SHOPPING, when appropriate NOTICE OF HEARING, if required PROOF OF SERVICE EXPLANATION CIVIL (CAPTION, TITLE, AND SIGNATURE OF ATTORNEY OMITTED. ONLY PERTINENT ALLEGATIONS HAVE BEEN RETAINED) SUMMARY OF REQUIREMENTS FOR COMPLAINT and/or OTHER INITIATORY PLEADINGS 1. Caption 2. Parties 3. Allege ultimate facts and other material allegations 4. Arguments, supported by pertinent provisions of law and jurisprudence 5. Prayer/Relief Sought 6. Signature of Counsel 7. Verification/Certificate of Non-Forum Shopping (initiatory pleading) 8. Notice of hearing QuickTime and a TIFF (Uncompressed) decompressor A. Complaint for Collection of Sum of Money are needed to see this picture. (Copy Caption and Title) COMPLAINT 1. Plaintiff ______________ (hereafter Plaintiff) is a Filipino citizen, of lega l age, married and Page 21 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 residing at ____________________ where he may be served with court processes, mo tions, and decision; 2. Defendant _______________ (hereafter Defendant) is a Filipino citizen, of leg al age, and residing _______________________________ where he may be served with summons and other court processes; 3. That on August 1, 1990, defendant executed a promissory note in favor of the plaintiff in the amount of P________ payable within 30 days from the date of the promissory note (attached as Annex A ) which reads as follows: Manila, Philippines 1 August 1990 I promise to pay Juan dela Cruz the sum of P50,000 or order within 30 days from this date. PEDRO REYES 4. That the 30-day period had elapsed and despite demands made orally and in wri ting (attached as Annex B ) by the plaintiff, defendant refused and failed to pay the amount state d in the promissory note. 5. That due to the unjust refusal of defendant to comply with the demands, plain tiff was compelled to file the instant action engaging the services of counsel in the amount of P10 ,000.00. WHEREFORE, plaintiff respectfully prays for judgment in his favor through a Deci sion directing defendant to pay him FIFTY THOUSAND PESOS (P50,000.00), with legal interest, as ACTUAL DAMAGES and TEN THOUSAND PESOS (P10,000.00) as Attorney s Fees. Other just and equitable reliefs are also prayed for. Place and date. Signature of Counsel QuickTime and a VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING TIFF (Uncompressed) decompressor are needed to see this picture. B. Complaint for Ejectment (Copy Caption and Title) COMPLAINT

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Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 PLAINTIFF, by counsel, respectfully states that: 1. Plaintiff is a foreign corporation organized and existing under the laws of F rance with business address at 111 Ocean Drive, Tuna Compound, Quezon City; Defendant is a Filipino, of legal age, single and currently resident of 112 Ocean Drive, Tuna Compound, Quezon City, where he may be served with summons and other pertinent processes. 2. Plaintiff owns that property located at 112 Ocean Drive, Tuna Compound, Quezo n City which it leased to defendant under the terms and conditions stated in the Contract of Lea se dated 1 January 1995, which contract expires on 31 December 1996. A copy of the contract is attached a s ANNEX A. 3. Upon expiration of the contract, plaintiff informed defendant of its intentio n not to renew the lease as it would use the property for its business expansion; plaintiff then asked defen dant to vacate the premises. A copy of plaintiff s letter to defendant is attached as ANNEX B. 4. Despite demand duly made and received, defendant has refused to vacate the pr emises and continues to occupy the property without plaintiff s consent. Resort to the Barang ay conciliation system proved useless as defendant refused to appear before the Lupong Tagapamayapa. A Certifi cation to File Action is attached as ANNEX C. 5. Defendant s act of dispossession has caused plaintiff to suffer material injury because plaintiff s business expansion plans could not be implemented despite the arrival of machine ries specifically leased for this purpose at the rental rate of US$500 per month. Defendant s continued occupat ion of the premises has also forced plaintiff to sue and to incur legal expenses amounting to Fifty Thou sand Pesos (PHP50,000.00). WHEREFORE, plaintiff respectfully prays for judgment in its favor by ordering de fendant to vacate the property and peacefully turn over possession to plaintiff and for defendant to p ay plaintiff the amount of US$3,500 representing rentals on the machineries for seven (7) months and Fifty Thousand Pesos (P50,000.00) for Attorney s fees. Other just and equitable reliefs are also prayed for. Place and date. QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. Signature of Counsel

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING Page 23 of 54

ATENEO CENTRAL BAR OPERATIONS 2007 C. Complaint for Unlawful Detainer ATENEO CENTRAL BAR OPERATIONS 2007 C. Complaint for Unlawful Detainer Legal Forms Summer Reviewer (Copy Caption and Title) COMPLAINT COMES NOW, the plaintiff through undersigned counsel, and to this Honorable Cour t respectfully alleges: 1. That plaintiff is married, Filipino citizen and residing at _______________ w here he may be served with court processes, motions, and decision while defendant is a Filipino citizen, married and residing at ____________________ where he may be served with summons and other court process es; 2. That plaintiff is the owner of a land over which an apartment had been constr ucted, located at 436 Rizal Avenue, Manila; 3. That by virtue of a contract of lease, plaintiff leased unto the defendant th e aforesaid apartment for a consideration of P5,000.00 (Five Thousand Pesos) a month as rental to be p aid within the first ten days of each month starting December 1, 2006; 4. That defendant failed to pay the agreed rental for several months starting fr om February 2007 up to the present; 5. That on April 2, 1993, plaintiff sent a letter of demand to vacate the apartm ent which was received by the defendant as shown in the registry return receipt hereto attache d; 6. That despite said letter of demand which was repeated by oral demands defenda nt failed and still refused to pay the agreed amount of rentals and to vacate the apartment; 7. That by reason of the failure of the defendant to vacate the premises and to pay the unpaid rentals, plaintiff was compelled to file this complaint engaging he services of counsel in the amount of P10,000. WHEREFORE, it is respectfully prayed that judgment be rendered ordering the defe ndant to vacate the premises to pay the unpaid monthly rentals in the amount of P50,000 and further rentals until the said defendant fully vacates the premises and to pay the costs of the suit. QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. Plaintiff prays for such other remedy, as this Honorable Court may deem just and equitable. Place and date. Signature of Counsel

Page 24 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING E. Complaint before the Lupon Tagapamayapa Republic of the Philippines Province of_________ City/Municipality______ Barangay________ ________________, Complainant, -versus- Barangay Case No._____ For:_____________ ________________, Respondent. x------------------------------------x COMPLAINT I hereby complain against respondent ____________ for violation of my rights and interest committed in the following manner: (Body) - Allegations (Prayer) WHEREFORE, it is respectfully prayed that____________________ QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. Copy relief prayed for Made this_____day of__________, 200__ Punong Barangay/ Lupon Chairman Summons and notices of hearing sent to the parties. If the parties could not set tle their dispute, the Pankat Secretary of the Office of the Lupon Tagapamayapa shall issue a Certificate to f ile action. Page 25 of 54

ATENEO CENTRAL BAR OPERATIONS 2007 F. Answer with Special and Affirmative Defenses and Counterclaim ATENEO CENTRAL BAR OPERATIONS 2007 F. Answer with Special and Affirmative Defenses and Counterclaim Legal Forms Summer Reviewer (Caption and Title) ANSWER COMES NOW, the defendant, through the undersigned counsel, in the above-entitled case and to this Honorable Court most respectfully alleges: 1. Defendant admits averment in paragraphs 1,2 and 3 of the complaint; 2. Defendant specifically denies the allegation in paragraph 4 of the complaint, th e truth being that (fact being claimed by the defendant as the true state of facts or truth in the special and affirmative defenses herein set forth): 3. Defendant has no knowledge or information to form a belief as to the truth of th e averment in paragraphs 5, 6, 7 and 8 of the complaint By way of special and affirmative defenses, the defendant avers: 1. The obligation has been paid 2. The cause of action has prescribed By way of counterclaim, defendant alleges: 1. That by virtue of this unwarranted and malicious act initiated by the plaintiff, the defendant was forced to engage the services of counsel in the sum of twenty-thousand pesos (P2 0,000). WHEREFORE, it is respectfully prayed that the complaint be dismissed and defenda nt be awarded the amount of __________ pesos (P _________). Other equitable reliefs are likewise prayed for. Place and date. QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. Signature of Counsel G. Motion for Extension of Time (Copy Caption and Title) Page 26 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 MOTION FOR EXTENSION OF TIME PLAINTIFF, by counsel, respectfully states that: 1. He has been directed to file a Reply to defendant s Answer by 10 January 2007. 2. The undersigned counsel, however, anticipates his inability to file the Reply on or before the said due date because of the tremendous pressure of other equally urgent professional work req uiring the preparation of pleadings and almost daily trial appearances before the various courts within and outside Metro Manila. For this reason, the undersigned is constrained to ask for an additional fifteen (15) days from 10 Ja nuary 2007 or until 25 January 2007, within which to submit plaintiff s Reply. 3. This motion is not intended for delay but is motivated only by the foregoing reason. WHEREFORE, plaintiff respectfully prays that he be granted an additional fifteen (15) days from 10 January 2007, or until 25 January 2007, within which to submit plaintiff s Reply. Quezon City; 1 August 1999. Signature of Counsel NOTICE OF HEARING2 PROOF OF SERVICE EXPLANATION H. APPEARANCE OF COUNSEL (Copy Caption and Title) ENTRY OF APPEARANCE QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. THE BRANCH CLERK OF COURT Regional Trial Court Quezon City-Branch 101 Please enter the appearance of the undersigned as counsel for defendant ________ _______, with her 2 Notice of hearing shall not be necessary in case of a motion for extension of time filed by defendant to submit answer to a complaint for the such an extension is a matter of right on the part of the defendant, the refore making a hearing unnecessary. Page 27 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 express conformity as indicated below, in this case. Henceforth, kindly address all pertinent notices to the undersigned at the address given below. RESPECTFULLY SUBMITTED. Place and date. Signature of Counsel WITH MY CONFORMITY: (Defendant) PROOF OF SERVICE EXPLANATION I. WITHDRAWAL OF COUNSEL (Copy Caption and Title) WITHDRAWAL OF APPEARANCE THE BRANCH CLERK OF COURT Regional Trial Court Quezon City-Branch 101 Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff __________________, with his express conformity as indicated below, in this case . Henceforth, kindly address all pertinent notices to plaintiff at his address given in the Complaint. RESPECTFULLY SUBMITTED. QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. Place and date. Signature of Counsel WITH MY CONFORMITY: Page 28 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 (Plaintiff) J. Motion to Dismiss (Copy Caption and Title) MOTION TO DISMISS COMES NOW, the defendant, through counsel, respectfully moves this Honorable Co urt to dismiss the plaintiff s complaint on the following grounds: 1. That the claim set forth in the plaintiff s complaint has been released; 2. That said claim or demand is unenforceable under the provisions of the statute o f frauds. ARGUMENTS (a) That the claim or demand set forth in the plaintiff s complaint has been released. (Here state the reasons to support the first ground.) (b) That said claim or demand is unenforceable under the provisions of the Statute o f Frauds. (Here state the reasons to support the second grounds.) WHEREFORE, in view of all the foregoing, the undersigned attorney prays that pla intiff s complaint to be dismissed, with costs against the plaintiff. Place and date. Signature of Counsel QuickTime and a TIFF (Uncompressed) decompressorare needed to see this picture. NOTICE OF HEARING PROOF OF SERVICE EXPLANATION Page 29 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 K. Motion to Declare Defendant in Default (Copy Caption and Title) MOTION TO DECLARE DEFENDANT IN DEFAULT PLAINTIFF, by counsel, respectfully states that: 1. Plaintiff filed this Complaint against defendant on 1 January 2007; summons w ere served on defendant on 20 January 2007, as indicated by the Sheriff s Return of even date, a copy of which is attached as ANNEX A. 2. Defendant s reglementary period to file Answer ended on 5 February 2007; no mot ion for extension of such period was filed nor was any granted motu propio by this Honorable Court . Despite the lapse of time, defendant has failed to answer the Complaint against her; plaintiff is entitled to a declaration of default and the right to present evidence ex parte against defendant. WHEREFORE, plaintiff respectfully prays that defendant be declared in default an d that plaintiff be allowed to present evidence ex parte before the Clerk of Court acting as Commiss ioner. Place and date. Signature of Counsel NOTICE OF HEARING PROOF OF SERVICE EXPLANATION QuickTime and a L. Motion to Lift Order of Default TIFF (Uncompressed) decompressorare needed to see this picture. (Copy Caption and Title) MOTION TO LIFT ORDER OF DEFAULT AND FOR NEW TRIAL COMES NOW, L, defendant in the above-entitled case through the undersigned couns el and to this Page 30 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Honorable Court respectfully alleges: 1. That the summons issued by this court was served in an address which was not the correct address of the defendant as he is now living in another city which is __________ _____; 2. That the defendant was not duly informed about said complaint against him, he nce, he was not able to file the answer; 3. That if properly served with the summons he will file his answer and has a go od and valid defense. WHEREFORE, defendant respectfully prays the order of default issued by this Hono rable Court be lifted and he be allowed to file his answer and a new trial be held. Place and date. Signature of Counsel NOTICE OF HEARING PROOF OF SERVICE EXPLANATION M. Pre-trial Brief (Copy Caption and Title) PRE-TRIAL BRIEF DEFENDANT, by counsel, respectfully submits his Pre-Trial Brief, as follows: QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT 1.1. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of openness from plaintiff, defendant is open to the possibility of amicably settli ng this dispute. Page 31 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, defendant respect fully submits that the desired terms of any amicable settlement would involve, first, a clarificati on of the actual extent of any obligation due and owing to plaintiff inasmuch as there is nothing to indicate d efendant s obligations to plaintiff and, second, a schedule of payments. II. BRIEF STATEMENT OF CLAIMS AND DEFENSES (Allege summary of claims and defenses.) 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 the demand letter dated __________ and her reply to the demand letter. 3.2. Subject to a concrete proposal for stipulation of additional facts from pla intiff during pre-trial or even thereafter, defendant admits no other facts stated in the Complaint. IV. ISSUES TO BE TRIED 4.1. Defendant submits that the following issues put forward by plaintiff are su bject to proof: 4.1.1. Plaintiff s personality to seek legal reliefs; 4.1.2. Plaintiff s entitlement to the amount claimed; 4.2. Defendant submits that the following issues she put forward are subject to proof: 4.2.1. Plaintiff s bad faith in filing this suit; 4.2.2. Defendant s entitlement to the claims made in her Compulsory Counterclaim a s a result of plaintiff s bad faith; V. EVIDENCE 5.1. Defendant intends to present the following witnesses: QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. (Enumerate and describe evidence sought to be presented.) 5.2. Defendant reserves the right to present any and all documentary evidence, w hich shall become relevant to rebut plaintiff s claims in the course of trial as well as any other w itnesses whose testimony will become relevant to belie plaintiff s witnesses, if necessary. Page 32 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 VI. RESORT TO DISCOVERY 6.1. Considering the relatively simple issues presented, defendant does not inte nd to avail of discovery at this time. 6.2. Subject, however, to a concrete and reasonable request for discovery from p laintiff, defendant reserves the right to resort to discovery before trial. RESPECTFULLY SUBMITTED. Place and date. Signature of Counsel PROOF OF SERVICE N. Motion for Postponement (Copy Caption and Title) MOTION FOR POSTPONEMENT OF HEARING COMES NOW the defendant, by the undersigned counsel, unto this Honorable Court r espectfully states: That the above-entitled case is set for hearing on March 9, 2007; That counsel for defendant is afflicted with _____ and is now under the medical care of Dr. Estrada. A copy of the physicians certificate under is hereto attached. QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. WHEREFORE, it is respectfully prayed that the hearing set on July 9, 2007 be set to another day preferably on the first week of August 2007 or at the convenience of this Honora ble Court. Place and date. Signature of Counsel Page 33 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 NOTICE OF HEARING PROOF OF SERVICE EXPLANATION O. Motion for Intervention (Copy Caption and Title) MOTION FOR INTERVENTION COMES NOW, ___(Name of Intervenor)___, by undersigned counsel and to this Honora ble Court respectfully alleges: 1. (allege facts showing intervenor s legal interest in the matter under litigatio n, and that he may be adversely affected by the result of the proceedings) 2. Allowing movant to intervene will not unduly delay the adjudication of the ca se and will prevent multiplicity of suits 3. Copy of the complaint-in-intervention is attached hereto and is served on the original parties, as shown by the service of motion along with its enclosed complaint-in-intervention . WHEREFORE, __(Name of Intervenor)__ respectfully prays that he be allowed to int ervene in the case as party plaintiff; that the attached complaint-in-intervention be admitted; and that defendants be ordered to file their answer to the complaint-in-intervention. Place and date. Signature of Counsel NOTICE OF HEARING UPON PLAINTIFF AND DEFENDANT QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. PROOF OF SERVICE EXPALANATION Page 34 of 54

ATENEO CENTRAL BAR P. Application for ATENEO CENTRAL BAR P. Application for Legal Forms Summer The Clerk of Court RTC, Makati Sir:

OPERATIONS 2007 Issuance of SUBPOENA DUCES TECUM / AD TESTIFICANDUM OPERATIONS 2007 Issuance of SUBPOENA DUCES TECUM / AD TESTIFICANDUM Reviewer

As counsel for plantiff/defendant, may I request that a subpoena/subpoena duces tecum be issued to ____________, with address at _________, to testify (for subpoena ad testificand um) / to testify and bring with him the following documents (for subpoena duces tecum), which are not confidenti al nor privileged, and which are needed in the hearing of the above-entitled case on _________, 2007 at 8:30 a.m. and at any subsequent hearings, to wit: (Enumerate the documents.) The undersigned will pay the legal fees for such purpose. Place and date. Signature of Counsel Q. Motion for Summary Judgment (Copy Caption and Title) MOTION FOR SUMMARY JUDGMENT COMES NOW, plaintiff, through the undersigned counsel, and to this Honorable Cou rt, respectfully alleges: 1. In defendant s answer to the complaint, which is for aa sum of money, he claims that he ahs paid the principal amount and the remaining issue refers merely to a proper comp utation of the interest. However, defendant did not attach to his answer any alleged receipt issued by pl aintiff to show his payment 2. The burden of showing payment rests on defendant, by showing receipt of payme nt, if any. A QuickTime and averbal claim is not sufficient. In this connection, plaintiff asse rts, under oath, that defendant has not paid the TIFF (Uncompressed) decompressor are needed to see this picture. principal amount. While he issued a check as payment of his obligation, the chec k when deposited was dishonored for insufficiency of funds. Copy of the returned check is attached he reto as Annex A . Plaintiff duly informed defendant of the dishonor of his check, but he ignored it, prompting pl aintiff to file the instant

complaint. Page 35 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. With respect to the computation of the 12% interest, the same is a matter of mathematical or arithmetical computation, which raises no factual issue. For this purpose, enclo sed is the computation of such interest, whcih is attached hereto as Annex B . 4. In short, there is no genuine issue of fact which requires full-blown trial. WHEREFORE, plaintiff prays for judgment, as prayed for in the complaint, and for such other reliefs as may be just and equitable in the premises. Place and date. Signature of counsel VERIFICATION NOTICE OF HEARING PROOF OF SERVICE EXPLANATION R. Motion for Judgment on the Pleadings (Copy Caption and Title) MOTION FOR JUDGMENT ON THE PLEADINGS PLAINTIFF, by counsel, respectfully states that: 1. On 5 May 1998, plaintiff sued defendant for a sum of money in the amount of ______________(P_________). QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. 2. Defendant admitted that obligation in her answer and merely asked for an exte nsion of time to pay the said obligation but that Plaintiff filed this Complaint instead. 3. The Answer admits the material allegations of the Complaint and has not tende red any issue; consequently, a judgment on the pleadings may be rendered. WHEREFORE, plaintiff respectfully prays that this Honorable Court render a judgm ent on the pleadings Page 36 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 in her favor. Place and date. Signature of Counsel NOTICE OF HEARING PROOF OF SERVICE EXPLANATION S. FORMAL OFFER OF EVIDENCE (Copy Caption and Title) FORMAL OFFER OF EVIDENCE (In Support of __(defendant s)__ Prayer for the dismissal of the complaint for collection of sum of money) Defendant, by counsel, respectfully submits its formal offer of exhibits in supp ort of its prayer in the Complaint dated ______________ for the dismissal of the complaint for collection of sum of money with application for writ of preliminary attachment. EXHIBITS DESCRIPTION Exhibit A Confirmation Advice issued to Eugenio Villireal III indicating the amount of Ten Million pesos (P 10,000,000.00) as the amount of money lent Exhibit A-1 The bracketed and sub-marked portion of Exhibit A containing the signature of Eugenio Villareal III QuickTime TIFF (Uncompressed) deExhibit A-2 an compressord a The bracketed and sub-marked portion of Exhibit A containing the signature of Raul Gerodias as President and authorized representative of defendant ABC Capital Corporation are needed to see this picture. PURPOSE The foregoing exhibits are being offered to prove the following facts: 1. Eugenio Villareal III invested Ten Million Pesos (P 10,000,000.00) with Defendan t ABC Capital Corporation and correspondingly, a confirmation advice was issued indicating tha t plaintiff s money was lent to XYZ Realty, Inc. Page 37 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. Defendant ABC Capital Corporation have acted merely in plaintiff s behalf and/ or for his benefit, risk and account without recourse or liability, real or contingent, to the former in respect to the loan granted to XYZ Realty, Inc. 3. Plaintiff freely and voluntarily signed the Confirmation Advice, such act indica ting his conformity to the terms and conditions of the transaction. The foregoing exhibits are also being offered as part of the testimony of ABC Ca pital s witnesses. Allied Bank respectfully manifests that the foregoing faithful reproductions and originally marked documentary exhibits are attached hereto and respectfully submitted herewith. PRAYER WHEREFORE, it is respectfully prayed that the foregoing exhibits be admitted in evidence for the purpose/s for which they are offered and as part of the testimony of the witness presented by ABC Capital Corporation. Other reliefs just and equitable are likewise prayed for. Place and date. Signature of Counsel PROOF OF SERVICE T. Motion for Execution (Copy Caption and Title) MOTION FOR EXECUTION PLAINTIFF, through the undersigned counsel, and to this Honorable Court, respect fully alleges: QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. 1. The decision in favor plaintiff has become final and executory since more tha n fifteen (15) days from defendant s receipt therof on ____ had already without defendant appealing th erefrom. 2. After a decision has become final, execution is a matter of right on the part if the prevailing party and a ministerial duty of the court to issue writ of execution.

WHEREFORE, plaintiff prays that a writ of execution be issued for the satisfacti on of the judgment dated __________. Page 38 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Place and date. Signature of Counsel The Clerk of Court RTC Address Sir: Please submit the foregoing motion for the approval of the Court upon receipt th ereof, notice and hearing not being required. Signature of Counsel PROOF OF SERVICE U. Notice of Lis Pendens (Copy Caption and Title) NOTICE OF LIS PENDENS THE REGISTER OF DEEDS ____________ City, ________ Province Please take notice that a parcel of land covered by TCT No. ______ located in __ _____________; registered in the name of defendant is the subject matter of an action for recon veyance of an undivided onesixth portion thereof filed by__________, above-named plaintiff. Accordingly, pl ease record this notice on the title. QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. RESPECTFULLY SUBMITTED. Place and date. Signature of Counsel PROOF OF SERVICE Page 39 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 EXPLANATION V. Motion for Reconsideration (Copy Caption and Title) MOTION FOR RECONSIDERATION COMES NOW, the defendant through the undersigned counsel, and to this Honorable Court respectfully moves for the reconsideration of the decision dated ___, copy of wh ich was received by him _____, on the following grounds: 1. The following findings or conclusions in the decision are not supported by th e evidence, to wit: (Allege findings and conclusions not supported by evidence.) 2. The following conclusions are contrary to law, to wit: (Copy conclusions and cite law, which does not support the same.) WHEREFORE, defendant prays that the decision be reconsidered and set aside, and a new one rendered in favor of herein defendant, to the end that the complaint be dismisse d. Defendant further prays for such other reliefs as may be just and equitable in t he premises. Place and date. Signature of Counsel NOTICE OF HEARING PROOF OF SERVICE QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. EXPLANATION Page 40 of 54

ATENEO CENTRAL BAR OPERATIONS 2007 W. Motion for New Trial on the Ground of Fraud, Accident, Mistake or Excusable N egligence 3 ATENEO CENTRAL BAR OPERATIONS 2007 W. Motion for New Trial on the Ground of Fraud, Accident, Mistake or Excusable N egligence 3 Legal Forms Summer Reviewer (Copy Caption and Title) MOTION FOR NEW TRIAL COMES NOW, the defendant through the undersigned counsel and to this Honorable Court, respectfully alleges: 1. (Allege facts constituting fraud, accident mistake or excusable negligence) 2. Defendant has good and valid defenses to defeat plaintiff s claim, (State valid defenses.) 3. In support of this motion, defendant attaches herewith as part hereof, his af fidavit supporting the accident or mistake and his good and valid defenses to defeat plaintiff s clai m, as Annex 2 WHEREFORE, defendant prays that the decision be reconsidered, that he be granted a new trial, that the case be set for pre-trial and trial on the merits, and thereafter a new judg ment be rendered holding defendant free and harmless from any liability and dismissing the complaint Place and date. Signature of Counsel VERIFICATION NOTICE OF HEARING PROOF OF SERVICE EXPLANATION X. Motion for New Trial on the Ground of Newly Discovered Evidence 4 (Copy Caption and Title) QuickTime and a TIFF (Uncompressed) decompressorare needed to see this picture. MOTION FOR NEW TRIAL 3 Requires affidavits of merits. 4 Must be supported by affidavits of the witnesses by whom such evidence is expe cted, or duly authenticated documents which are proposed to be introduced as evidence. Page 41 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 COMES NOW, the defendant through the undersigned counsel, and to this Honorable Court, respectfully alleges: 1. Judgment against defendant was served on defendant on _______. 2. Since said date or receipt if the judgment and before the period to appeal th erefrom has lapsed, defendant discovered and presented during trial. 3. The newly discovered evidence consist of the following: (List and describe the newly discovered evidence.) 4. The affidavit of ___(name of witness)__, by whom such newly discovered eviden ce is expected to be given, is attached hereto as Annex 1 . Duly authenticated documents, which ar e proposed to be introduced in evidence, are attached hereto as Annexes 2 and 3 . 5. The above newly discovered evidence would probably alter the results of the c ase. WHEREFORE, defendant prays that the decision be reconsidered, the case re-opened for trial, defendant be allowed to present his newly discovered evidence thereat, and there after judgment be rendered in favor of defendant. Place and date. Signature of Counsel VERIFICATION NOTICE OF HEARING PROOF OF SERVICE EXPLANATION Y. Motion for Relief from Judgment QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. (Copy Caption and Title) MOTION FOR RELIEF FROM JUDGMENT COMES NOW, the defendant through the undersigned counsel and to this Honorable Court, respectfully alleges: Page 42 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 1. The trial court rendered an adverse judgment against him dated __________, wh ich he learned when plaintiff informed him that he would take steps to execute the same, as it had become final. 2. (Allege facts constituting fraud, accident, mistake, or excusable negligence attending the promulgation of the judgment) 3. Attached herewith as Annex 1 is an affidavit of defendant attesting to the (e.g . fraudulent scheme) which prevented his having his day in court and showing his good and val id defenses. 4. The instant petition is filed within sixty (60) days after the petitioner lea rns of judgment, final order, or other proceeding to be set aside, and not more than six (6) months aft er such judgment or final order was entered, or such proceeding was taken; WHEREFORE, defendant as petitioner prays that the judgment be set aside, the cas e re-opened, defendant be allowed to present his evidence, and thereafter another judgment be rendered in favor of defendant, dismissing plaintiff s complaint. Defendant further prays for such other reliefs as may be just and equitable in t he premises. Place and date. Signature of counsel VERIFICATION NOTICE OF HEARING PROOF OF SERVICE EXPLANATION Z. Motion to Disqualify the Judge (Copy Caption and Title) MOTION TO DISQUALIFY THE JUDGE QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. COMES NOW the defendant in the above-entitled case and by the undersigned counse l respectfully moves this Honorable Court to desist from trying the above-entitled case on the following averments: 1. That defendant has been summoned before this Honorable Court; 2. That it appears that there is danger of partiality, bias and prejudice in fav

or of the plaintiffs for the Page 43 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 reason that Honorable Judge John Gomez is related to the plaintiff within the 4t h Civil Degree of Consanguinity; 3. That defendant will be prejudiced if the Honorable Judge continues to hear th e above-entitled case; 4. That it is necessary that the Honorable Judge inhibit himself so as to promot e the administration of justice. WHEREFORE, in view of the foregoing, the undersigned counsel prays that Honorabl e Judge John Gomez inhibit himself and be disqualified from hearing and trying the above-enti tled case. Place and date. Signature of Counsel NOTICE OF HEARING PROOF OF SERVICE EXPLANATION AA. Petition for Certiorari (Caption and Title) PETITION FOR CERTIORARI COMES NOW the petitioner by the undersigned attorney, and unto this Honorable C ourt, respectfully alleges: 1. (State the capacity and residence of the petitioner, and of the respondent). QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. 2. (State the facts and circumstances under which the respondent (tribunal, boar d, or officer exercising judicial functions) has acted without, or in excess of its or his jur isdiction, or with grave abuse of discretion in the exercise of his judicial functions.) 3. (State that there is no appeal from such decision, nor any plain, speedy, and adequate remedy in the ordinary course of law.) 4. That a certified true copy of the decision (or order) herein sought to be rev iewed is hereto Page 44 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 attached as Annex A , together with copies of all pleadings and documents relevant and pertinent thereto. WHEREFORE, it is respectfully prayed, that a writ of certiorari be issued, order ing the proceedings herein complained of to be forthwith certified upon for review (with prayer for a preliminary injunction as the case may be, for the protection of the rights of petitioner pending such proceed ings), and after due hearing, let judgment be rendered annulling or modifying the proceeding of (the defendant tri bunal, board or officer) as the law requires, with costs. Place and date. Signature of Counsel VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING BB. Petition for Prohibition (Copy Caption and Title) PETITION FOR PROHIBITION PETITIONER, by counsel, respectfully states that: 1. (State capacity of petitioner and respondent/s, citizenship, status and resid ence.) 2. (If applicable, state the date on which copy of Decision was received and/or Resolution on Motion for Reconsideration, if filed, denied.) 3. (State briefly the facts and circumstances under which the respondent/s wheth er exercising judicial or ministerial functions acted without, or in excess of, jurisdiction or with gr ave abuse of discretion amounting to lack or excess of jurisdiction.) QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. 4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clea r, legal right, [b] which is threatened by an act or omission of respondents, [c] and that, unless restrained , will cause grave and irreparable injury to petitioner. Allege also that petitioner is ready to post a bond in an amount to be fixed by the Court conditioned upon the payment to respondents of any damages suffered arisin g from the writ should petitioner be found not to be entitled to the writ.) 5. There is no appeal from such decision, nor any plain or adequate speedy remed y in the ordinary Page 45 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 course of law, except this petition. 6. A certified true copy (or duplicate original copy) of the Decision under revi ew is attached as ANNEX A . WHEREFORE, it is respectfully prayed that an injunction or TRO be issued directi ng respondent/s to desist and refrain from further proceedings in the premises, and that after due notice and hearing, a writ of prohibition issue directing respondent/s to desist absolute and perpetually from further proceedings (in the said action or matter). Signature of Counsel VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING CC. Petition for Mandamus (Copy Caption and Title) PETITION COMES NOW, the petitioner, by the undersigned counsel, and unto this Honorable C ourt, respectfully alleges that: 1. The petitioner is of legal age, (State capacity and residence of both the pet itioner and respondent); 2. (State the facts and circumstances whereby the respondent unlawfully neglecte d the performance of an act which the law specifically enjoins as a duty resulting fro m an office, trust, or station or unlawfully excluded the petitioner from the enjoyment of a right or office to wh ich the petitioner is entitled.); 3. The petitioner has no other plain, speedy and adequate remedy in the ordinary course of law, other that this action; 4. The petitioner by reason of the wrongful act of the respondent has sustained damages in the sum of ___________PESOS (P____________) QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. WHEREFORE, it is respectfully prayed that after due notice and hearing, a Writ o f Mandamus be issued, commanding the respondent forthwith to: (state act required to be done), with damages and costs. Place and date. Signature of Counsel

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Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING DD. Petition for Reconstitution of TCT (Copy Caption and Title) PETITION FOR RECONSTITUTION OF TRANSFER CERTIFICATE OF TITLE COMES NOW, petitioner _____________, through counsel, unto this Court, respectf ully alleges: 1. That petitioner is of legal age, married, Filipino citizen and residing at _____________________ where he may be served with court processes, motions, and decision; that respondent _________________ is the Register of Deeds of ____________________ wh ere he may be served with summons and other court processes; 2. That petitioner is the registered owner of a parcel of land located at ______ _____________ and covered by Transfer Certificate of Title No. ________, Register of Deeds of __________, free of any encumbrances; 3. That on _____________ the office of the register of Deeds of ____________ was burned and all the Torrens Titles in said office including T.C.T. No. _______ were burned; 4. That said T.C.T. was never mortgaged or sold to anyone. WHEREFORE, it is respectfully prayed that the Register of Deeds of _____________ _ issue a reconstituted Original Title based on the owner s Duplicate Certificate of Title h ereto attached in the name of herein petitioner. Place and date. Signature of Counsel QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. VERIFICATION SPECIAL PROCEEDINGS Page 47 of 54

ATENEO CENTRAL BAR OPERATIONS 2007 A. Petition for Letters of Administration ATENEO CENTRAL BAR OPERATIONS 2007 A. Petition for Letters of Administration Legal Forms Summer Reviewer (Copy Title) In the Matter of the Intestate Estate Of Bitoy Valenzuela. Petition for Letters of Administration. SP. PROC. No. _______ Kwame Valenzuela, Petitioner. x----------------------------------------------------x PETITION COMES NOW, the petitioner through the undersigned counsel and to this Honorable Court, respectfully alleges; 1. Petitioner is of legal age, widow of the late Bitoy Valenzuela, and with resi dence at ________________, her husband having died on _______________ leaving no will, in the City of Manila and resided at ______________, which haw his last residence at the time of his death . 2. The deceased was survived by his wife, herein petitioner, and two children wi th following names, ages and addresses: (List the names of the heirs and their corresponding ages and addresses.) The deceased left the following properties; (List and describe properties left.) As far as petitioner knows, the following are the names and residences of the r elatives of the deceased: QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. (List names of relatives.) WHEREFORE, petitioner prays that after notice, publication and hearing, petition er be issued letters of administration of the estate of her late husband, Bitoy Valenzuela, and for such other reliefs as are provided in the Rules of Court. Page 48 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Place and date. Signature of Counsel VERIFICATION B. Petition for Change of Name (Copy Caption and Title) PETITION FOR CHANGE OF NAME The petitioner, through counsel, and unto this Honorable Court, respectfully ave rs that: 1. Petitioner is of age, single/married/ and a resident of___________________ 2. He has been a bona fide resident of the province of ______________since the y ear_____, or at least three (3) years prior to the date of filing of this petition; 3. His present name as recorded is________________ and that he is also known as (state aliases) 4. (State reason for which the change of name is sought) 5. The petitioner requests that his present name be changed to_________. WHEREFORE, it is respectfully prayed that, after due notice and publication in a ccordance with the Rules of Court and hearing this Honorable court adjudge that the petitioner s name of ___________ be changed to_______________. Signature of Counsel VERIFICATION C. Petition for Habeas Corpus QuickTime and a (Copy Caption and Title) TIFF (Uncompressed) decompressor are needed to see this picture. PETITION FOR A WRIT OF HABEAS CORPUS COMES NOW the Petitioner, ____________, by the undersigned counsel, and unto th is Honorable Court, respectfully submits: Page 49 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 1. That petitioner is a Filipino citizen, of legal age, with address at ________ ______ and the respondent is a Filipino citizen, of legal age, with address at ________________ _. 2. That the petitioner, ___________, in whose behalf this application is being m ade, is actually restrained of his liberty by the respondent, ____________ at the latter s residenc e at ____________________. 3. That this restraint of liberty consists of the following: (State facts constituting the illegal confinement.) 4. That such restraint of liberty and the confinement of the petitioner under th e circumstances state are without legal authority; 5. That the petitioner through counsel has exhausted all efforts available at la w, and that he has no other plain, speedy, and adequate remedy to protect his personal rights except b y his application for a Writ of Habeas Corpus. WHEREFORE, your petitioner respectfully prays that a Writ of Habeas Corpus be is sued by this Honorable Court, directed to respondent ____________ or any other person acting under his authority, commanding the latter to have the body of ___________ before this Court at the t ime and place therein specified, and to summon the respondent ________________ then and there to appea r to show cause of the detention of said _________________; ________________; and that after due procee dings, the said ___________________ be restored to his liberty and forthwith discharged from con finement. Petitioner further prays for such other relief as this Honorable court may deem just and equitable under the premises. Place and date. Signature of Counsel VERIFICATION QuickTime and a TIFF (Uncompressed) decompressor CRIMINAL A. Complaint-affidavit Republic of the Philippines ) Page 50 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 City of Makati ) s.s. COMPLAINT-AFFIDAVIT I, _________, of legal age, Filipino, and resident of ___________________, do he reby state under oath that: 1. I am a member of the ____________________( Association ) and was formerly a Direc tor and Corporate Secretary of the Association. 2. I accuse and hereby charge _____________, residing at ________________, of vi olating Article 358 of the Revised Penal Code (Slander and Oral Defamation), committed against m e when he publicly, maliciously and deliberately uttered defamatory remarks against me during the Bo ard Meeting of the Association on _____________. This is attested to by the following exchange that transpired between ___(respondent)__ and the other members of the Board in attendance: (Quote Exchange) Attached as ANNEX A is a copy of the official transcript of the meeting. 3. Prior resort to the Barangay conciliation system proved fruitless as __(respo ndent)__ did not retract his remarks. Consequently, a Certification to File Action was issued by the Barang ay Chairperson, a copy of which is attached as ANNEX B. 4. There is no other person named __( complainant s name )__ residing at ____________ nor is there any other person named __(complainant s name)__ , who has acted as Board Member of th e Association. Consequently, __(respondent)__ s public and defamatory utterance was clearly a ref erence to me and to no other. 5. Respondent s remarks, calling me a swindler twice over, uttered in a public mee ting are clearly insulting and defamatory as they malign me and attribute to me a criminal act, n ature and predisposition. There is, moreover, no doubt that respondent s use of the word swindled was delibera te as his explanation and clarification a few utterances thereafter would show. Respondent s remarks are also very serious as they cast aspersions on my reputation, character and very person before my peers and fellow homeowners. QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. 6. Respondent s remarks have injured my name, reputation and character before my n eighbors and peers. While my name, reputation and character are incapable of pecuniary estima

tion as these are the result of a lifetime s effort to build a name, reputation and character that my children and their children can be proud to bear, respondent cannot be allowed to simply go scot-free without bearing the co nsequences of his acts. For this reason, I am also holding respondent liable civilly for defaming me in the amount of _____________ Page 51 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 (P____________) in nominal damages, ____________ (P_______) in moral damages and ___________ (P____________) in exemplary damages. TO THE TRUTH OF THE FOREGOING, I have signed this Complaint-Affidavit on _______ ______. Complainant-Affiant SUBSCRIBED AND SWORN TO BEFORE ME this ___ day of January, 2007. Investigating Prosecutor CERTIFICATION I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIED THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT. Investigating Prosecutor B. Motion to Quash Information (Copy Caption and Title) MOTION TO QUASH THE ACCUSED, by counsel, respectfully moves to quash the Information for the cri me of theft on the following: GROUNDS (Enumerate the ground/s relied upon.) QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. In support, the accused respectfully states that: ARGUMENT The Information alleges that the accused ________________ is eleven (11) years o ld and without any known address. Under Article 12, paragraph 3 of the Revised Penal Code, a person over nine years of age and under fifteen, unless he acted with discernment, is exempt from criminal liability. Page 52 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 There is no allegation that the accused acted with discernment. Even granting sa id discernment, the accused cannot be tried but instead proceeded against under Article 80 of the Revised Pe nal Code, which provides that a minor, unless sixteen years of age at the time of the commission of a grave or less gra ve felony, cannot be tried but instead shall have the benefit of a suspension of all proceedings against him. The duty of the court would be to commit the minor to the custody or care of a public or private benevolent or charitable ins titution for the care and education of homeless and delinquent children or to the custody of the Department of Social W ork and Development. WHEREFORE, it is respectfully prayed that the Information against the accused b e QUASHED and that the accused be released immediately from detention. Place and date. Signature of Counsel NOTICE OF HEARING PROOF OF SERVICE EXPLANATION C. Demurrer (Copy Caption and Title) DEMURRER TO THE PROSECUTION S EVIDENCE THE ACCUSED, by counsel, with leave of court previously obtained, respectfully s ubmits this Demurrer to the Prosecution s Evidence on the ground that the prosecution has failed to add uce sufficient evidence of his guilt to overcome the presumption of innocence and shift the burden of proof: QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. 1. Under the Constitution, the accused is presumed to be innocent until proven g uilty. The effect of this presumption is that it entitles the accused to not say anything in his defe nse and places the burden directly on the prosecution to prove everything relative to his guilt. Thus, the prosecut ion must rely on the strength of its evidence and not wait for the accused to offer any defense. It is only in the ev ent that the prosecution, after resting its case, has adduced sufficient evidence of guilt, that the burden of p roof shifts to the accused.

2. The prosecution has failed to adduce sufficient evidence of guilt such as wou ld shift the burden of proof. (Allege circumstances showing insufficiency of evidence.) Page 53 of 54

Legal Forms Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. Absent proof of the negative element, i.e., absence of a license, the offense is not proven. The accused is innocent; he must, thus, be acquitted. WHEREFORE, the accused respectfully prays that the Information against him be DI SMISSED and that he be ACQUITTED of the crime charged. Place and date. Signature of Counsel NOTICE OF HEARING PROOF OF SERVICE EXPLANATION QuickTime and a TIFF (Uncompressed) decompressorare needed to see this picture. Page 54 of 54