Legal Forms Guide

LEGAL ETHICS AND FORMS REVIEWER TABLE OF CONTENTS
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LEGAL FORMS
Table of Contents
Part I. Parts Common to Forms ..................108
A. Scilicet ...............................................108
B. Captions and Titles ...........................108
C. Prayer................................................109
D. Statements Under Oath ....................109
1. Acknowledgement and Jurat ........109
2. Verification ....................................111
3. Certification against Forum Shopping
......................................................112
4. Verified Statement of Material Dates
113
5. Specific Denial of Due Execution of
Actionable Documents..................114
E. Request for and Notice of Hearing....114
F. Proof of Service.................................115
1. Proof of Personal Service.............115
2. Proof of Service by Registered Mail
(with Explanation for failure to serve
personally) ....................................115
G. Place, Date, Signature, Address, Roll
Number, IBP Receipt Number, PTR
Number, etc.......................................116
H. Notice of Appeal ................................117
Part II. Pleadings in Civil Procedure .........118
A. Complaint ..........................................118
B. Answer ..............................................120
D. Pre-Trial Brief ....................................122
E. Motions..............................................124
E. Special Civil Actions..........................132
1. Certiorari.......................................132
2. Prohibition ....................................133
3. Mandamus....................................134
4. Interpleader ..................................135
5. Action to Quiet (or Remove Cloud on)
Title...............................................136
6. Action for Declaratory Relief ........137
7. Quo Warranto...............................138
Part III. Pleadings and Other Legal
Documents in Criminal Procedure.............139
A. Complaint-Affidavit and Counter-
Affidavit..............................................139
B. Information and Complaint ................142
C. Motions..............................................145
1. Motion to Quash Information........145
2. Motion to Quash Search Warrant 146
3. Motion to Suppress Evidence ......147
4. Motion for Bail ..............................148
D. Application for Bail ............................149
IV. Pleadings and Other Legal Documents
Common to Civil and Criminal Procedure. 150
A. Offer of Evidence and
Opposition/Comment to Offer ........... 150
B. Demurrer to Evidence....................... 152
C. Notice of Lis Pendens....................... 154
D. Appearance and Withdrawal as Counsel
...................................................... 154
E. Substitution of Counsel ..................... 156
Part V. Pleadings in Cases and Special
Proceedings.................................................. 157
A. Petition for Habeas Corpus............... 157
B. Petition for Adoption.......................... 158
C. Petition for Declaration of Nullity of
Marriage............................................ 158
D. Petition for Probate of Holographic Will ..
...................................................... 160
Part VI. Deeds, Contracts and Other Legal
Documents.................................................... 161
A. General Power of Attorney................ 161
B. Special Power of Attorney................. 162
C. Contract of Lease.............................. 163
D. Holographic and Notarial Will ........... 164
E. Donation Inter Vivos.......................... 166
F. Secretarys Certificate....................... 167
G. Board Resolutions............................. 167
H. Deed of Assignment.......................... 168
I. Deed of Sale ..................................... 168
J. Dacion En Pago................................ 173
K. Chattel Mortgage .............................. 174
Part VII. Appeals and Other Modes of
Review 175
A. Ordinary Appeals in Civil Cases ....... 175
B. Ordinary Appeals in Criminal Cases. 175
C. Petitions for Review.......................... 176
Part VIII. Forms Relevant to the Writs of
Amparo and Habeas Data ........................... 177
A. Amparo.............................................. 177
B. 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 adverse
party or for third parties to do something)
PLEADINGS :: written statements of the
respective claims and defenses of the parties
submitted to the court for appropriate judgment
seek final reliefs
Part I. Parts Common to Forms
A. SCILICET
B. CAPTIONS AND TITLES
C. PRAYER
D. STATEMENTS UNDER OATH
1. Acknowledgement and Jurat
2. Verification
4. Verified Statement of Material dates
5. Specific Denial of Due Execution of
Actionable Documents
E. REQUEST FOR AND NOTICE OF HEARING
F. PROOF OF SERVICE
1. Proof of Personal Service
2. Proof of Service by Registered Mail
G. PLACE, DATE, SIGNATURE, ADDRESS, ROLL
NUMBER, IBP RECEIPT NUMBER, PTR
NUMBER, ETC.
H. NOTICE OF APPEAL
A. Scilicet
SCILICET, often abbreviated as S.S. or in a
caption, is Latin for it is permitted to know. It
refers to the venue of execution of the
instrument 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 court
2. the title of the action
3. the docket number, if assigned
TITLE, on the other hand, indicates the names
of the parties, who must be named in the original
complaint or petition. But, in subsequent
pleadings, it shall suffice if the name of the first
party on each side be stated, in case there are
other persons on each side. Their respective
participation in the case must be specified.
General Form of a Caption and Title:
LEGAL FORMS TEAM
Prof. Theodore Te
Faculty Editor
Francesse Joy Cordon
Lead Writer
Don Maebo
Writer
LEGAL ETHICS and FORMS
Francesse Joy Cordon
Subject Editor
ACADEMICS COMMITTEE
Kristine Bongcaron
Michelle Dy
Patrich Leccio
Editors-in-Chief
PRINTING & DISTRIBUTION
Kae Guerrero
DESIGN & LAYOUT
Pat Hernandez
Viktor Fontanilla
Romualdo Menzon Jr.
Rania Joya
LECTURES COMMITTEE
Michelle Arias
Camille Maranan
Angela Sandalo
Heads
Katz Manzano
Sam Nuez
Arianne Cerezo
Mary Rose Beley
Krizel Malabanan
Marcrese Banaag
Volunteers
MOCK BAR COMMITTEE
Lilibeth Perez
BAR CANDIDATES WELFARE
Dahlia Salamat
LOGISTICS
Charisse Mendoza
SECRETARIAT COMMITTEE
Jill Hernandez
Head
Loraine Mendoza
Mary Mendoza
Faye Celso
Joie Bajo
Members
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Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 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 plaintiff
the 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 Thousand
Pesos (Php.50,000) for attorneys fees.
Other just and equitable reliefs are also prayed for.
D. Statements Under Oath
1. Acknowledgement and Jurat
ACKNOWLEDGMENT JURAT
Based 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 or
document;
b. is attested to be personally known to the notary
public or identified by the notary public through
competent evidence of identity as defined by
these Rules; and
c. represents to the notary public that the
signature on the instrument or document was
voluntarily affixed by him for the purposes
stated in the instrument or document, declares
that he has executed the instrument or
document as his free and voluntary act and
deed, and, if he acts in a particular
representative capacity, that he has the
authority to sign in that capacity.
An act in which an individual (the NOTARY
PUBLIC) 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 through
competent evidence of identity as defined by
these Rules;
e.g. government issued ID
c. signs the instrument or document in the
presence of the notary; and
d. takes an oath or affirmation before the notary
public as to such instrument or document.
particularly re the due execution of the
document
Other Differences:
Declaration that a person has himself executed a
deed
Certification that the instrument was sworn to him
Purpose: Purpose:
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To authorize deed to be given in evidence without
further proof of its execution
To 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 before
a public officer duly authorized to take oaths, then
there is no need for the affiant to produce a CTC,
nor for the entry into a Notarial Register; the
italicized 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 has
executed.
Acknowledgement:
Republic of the Philippines )
City of Manila ) S.S.
BEFORE ME, this 13
th
day of April, 2007 in the City of Manila, Philippines, personally appeared ATTICUS
FINCH, with [Valid Identification Document] (Drivers 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 foregoing
instrument, 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. TARIO
Notary Public
Until __________________
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 1
st
paragraph:
This instrument, consisting of ___ pages, including the page on which this acknowledgment is written, has been
signed on the left margin of each and every page thereof by ___________ and his witnesses (if any), and sealed with
my Notarial seal.
* The Notary Publics 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. TARIO
Notary Public
Until __________________
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 highly
difficult to authenticate. Instead, what is now required to be stated is government issued identification or
GIID (e.g., Drivers license, SSS/GSIS Identification etc.)
* COMMON TO BOTH JURAT AND ACKNOWLEDGEMENT:
1. The Notary Public must sign and indicate his
professional circumstances:
(SGD.) X
Notary Public
For (Place) until (Date Commission Expires)
PTR (Number)/(Date of Issue)/(Place of Issue)
Address
MCLE Compliance No.
2. At the end of every notarized document, the
following entries indicating the details of
recording of the document in his Notarial Book
must appear:
Doc. No.
Page No.
Book No.
Series of (Year)
2. Verification
A pleading is VERIFIED by an affidavit that the
affiant has read the pleading and that the
allegations contained therein are true and
correct of his personal knowledge or based on
authentic records (Sec. 4, par. 2, Rule 7, RoC).
The indispensable requirement of a Verification
is the statement that the document is executed
UNDER OATH.
A verification based on information and belief
or upon knowledge, information and belief is
defective and the pleading is thus considered
unverified/unsigned.
Alternative Center for Organizational
Reforms and Development, Inc. vs. Zamora
(2005) :: The statement to the best of my
knowledge are true and correct referring to the
allegations in the petition does not mean mere
knowledge, information and belief. It
constitutes substantial compliance with the
requirement of section 6 of Rule 7, as held in
Madrigal vs. Rodas (80 Phil. 252.). At any
rate, this petty technicality deserves scant
consideration where the question at issue is
one purely of law and there is no need of
delving into the veracity of the allegations in the
petition, which are not disputed at all by
respondents. As we have held time and again,
imperfections of form and technicalities of
procedure are to be disregarded except
where substantial rights would otherwise be
prejudiced.
Only duly authorized natural persons may
execute verifications in behalf of juridical entities
such as petitioners NGOs and peoples
organizations.
The pleadings required to be verified are as
follows:
1. All pleadings under the Rules of Summary
Procedure
2. Complaints for
a. Forcible entry
b. Unlawful detainer
c. Replevin
3. Complaints with application for injunction or
attachment
4. Answer to complaint or counterclaim based
on actionable documents
5. Petitions for
a. Certiorari
b. Prohibition
c. Mandamus
d. Habeas Corpus
e. Change of Name
VERIFICATION
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 preparation
3. 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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Under Rule 7, Sec. 5, the plaintiff or principal
party 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 any
court, tribunal or quasi-judicial agency and,
to the best of his knowledge, no such other
action or claim is pending there
2. if there is such other pending action or
claim, a complete statement of its present
status, and
3. if he should thereafter learn that the same
or similar action or claim has been filed or is
pending, he shall report that fact within 5
days to the court where his complaint or
pleading was filed.
Failure to comply with this requirement is not
curable by mere amendment but shall be cause
for dismissal w/o prejudice, UNLESS otherwise
provided, upon motion and after hearing.
Submission of a false certification or non-
compliance with its undertakings shall constitute
indirect contempt of court, without prejudice to
corresponding administrative and criminal
actions.
Alternative Center for Organizational
Reforms and Development, Inc. vs. Zamora
(2005) :: While the requirement of the certificate
of non-forum shopping is mandatory,
nonetheless the requirements must not be
interpreted too literally and thus defeat the
objective of preventing the undesirable practice
of forum-shopping (Bernardo v. NLRC, 255
SCRA 108 [1996]). Lastly, technical rules of
procedure should be used to promote, not
frustrate justice. While the swift unclogging of
court dockets is a laudable objective, the
granting of substantial justice is an even more
urgent ideal.
San Miguel Corporation vs. Aballa (2005) ::
While the general rule is that the certificate of
non-forum shopping must be signed by all the
plaintiffs or petitioners in a case and the
signature of only one of them is insufficient,the
Supreme Court has stressed that the rules on
forum shopping, which were designed to
promote and facilitate the orderly administration
of justice, should not be interpreted with such
absolute literalness as to subvert its own
ultimate and legitimate objective. Strict
compliance with the provisions regarding the
certificate of non-forum shopping merely
underscores its mandatory nature in that the
certification cannot be altogether dispensed with
or its requirements completely disregarded. It
does not, however, thereby interdict substantial
compliance with its provisions under justifiable
circumstances.
Philippine Rabbit Bus Lines, Inc. vs. Aladdin
Transit Corp. (2006) :: The requirement of
verification and certification against forum
shopping are mandatory, failure to comply with
which is sufficient ground for the dismissal of the
petition. Revised Circular No. 28-9 in fact
requires all petitions filed with the SC or CA to,
not only comply with Rule 45, but also to certify
under oath all of the following facts or
undertakings: (a) he has not theretofore
commenced any other action or proceeding
involving the same issues in the Supreme Court,
the Court of Appeals, or any other tribunal or
agencies; (b) to the best of his knowledge, no
such action or proceeding is pending in the
Supreme Court, the Court of Appeals or different
Divisions thereof, or any other tribunal or
agency; (c) if there is such other action or
proceeding pending, he must state the status of
the same; and (d) if he should thereafter learn
that a similar action or proceeding has been filed
or is pending before the Supreme Court, the
Court of Appeals, or different Divisions thereof,
or any other tribunal or agency, he undertakes to
promptly inform the aforesaid courts and such
other tribunal or agency of that fact within five
(5) days therefrom.
Abaigar vs. Abaigar (2006) :: A certification
against forum shopping by counsel and not by
the principal party himself is no certification at
all. It is a defective certification which is
tantamount to non-compliance with the
requirement prescribed by the Rules of Court and
constitutes a valid cause for the dismissal of the
petition. This is because it is the petitioner and
not the counsel who is in the best position to
know whether he actually filed or caused the
filing of the petition. The appellate court, strictly
speaking, was, therefore, correct when it
dismissed the petition in this case. There have
been instances, however, that the Rule on the
matter has been relaxed, such as when the
petitioner was at the time of the filing of the
petition abroad (Donato vs. Court of Appeals), or
where the interest of substantial justice so
requires (Sy Chin vs. Court of Appeals) and (Paul
Lee Tan vs. Paul Sycip and Merritto Lim).
In fine, when the interest of substantial justice
overrides the procedural lapse, the Rule on the
matter may be relaxed.
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CERTIFICATION AGAINST FORUM SHOPPING
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 any
other 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 within
five (5) days from the discovery to this Honorable Court.
PLUS: Jurat
* The Verifications in 2,3,4 and 5 can be contained in one document, if they are required in the same
pleading, 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 in
such capacity, caused this Complaint to be prepared; I have read its contents and affirm that they are true and correct
to the best of my own personal knowledge; I hereby certify that there is no other case commenced or pending before
any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the
court within five (5) days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on _____________.
PLUS: Jurat
4. Verified Statement of Material Dates
This statement, referring to the date when the
Decision or Judgment was received, is added to
the standard Verification and Certification
Against Forum Shopping in special civil actions.
* Rule 65, section 6, par. 2 expressly makes
Rule 56, section 2 applicable to petitions for
certiorari, mandamus and prohibition. Rule 56,
section 2 provides that Rules 46, 48, 49, 51, 52
and 56 apply. Rule 46, section 3 provides that
the petition must be accompanied not only
by a certified true copy of the judgment or
order questioned but also by such material
portions of the record as are referred to
therein, and other documents, relevant or
pertinent thereto.
VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
I, C.K. Hilfiger, of legal age, do hereby state that: I am the Chief Executive Office of Alis Di-yan Company and in
such capacity, caused this Complaint to be prepared; I have received a copy of the [Order/Resolution/Decision] of the
Court on 13 April 2007; I have read its contents and affirm that they are true and correct to the best of my own
personal knowledge; I hereby certify that there is no other case commenced or pending before any court involving the
same parties and the same issue and that, should I learn of such a case, I shall notify the court within five (5) days
from my notice.
IN WITNESS WHEREOF, I have signed this instrument on _____________.
PLUS: Jurat
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5. Specific Denial of Due Execution of Actionable Documents
Under Rule 8, Sec. 7, RoC, the substance of an
actionable document, upon which an action or
defense is based, must be presented in any of
three ways: (1) by setting it forth in the pleading;
(2) by by attaching the original or a copy of the
document to the pleading as an exhibit; or (3) by
setting forth a copy, with like effect, in the
pleading.
Under Rule 8, Sec. 8, to contest such an
actionable document, the genuineness and due
execution of the instrument must be deemed
admitted, UNLESS, the adverse party, UNDER
OATH, SPECIFICALLY DENIES them, and sets
forth what he claims to be the facts; but the
requirement of an oath does not apply, when the
adverse party does not appear to be a party to
the instrument or when compliance with an order
for an inspection of the original document is
refused. Under Sec. 10 thereof, the defendant
must specify each MATERIAL ALLEGATION OF
FACT, the truth of which he does not admit and,
whenever practicable, he must set forth the
substance of the matters upon which he relies to
support his denial. Where a defendant desires to
deny only a part of an averment, he must specify
so much of it as is true and material and shall
deny only the remainder. However, where a
defendant is without knowledge or information,
sufficient to form a belief as to the truth of a
material averment made in the complaint, he
must so state, and this shall have the effect of a
denial. Allegations not specifically denied are
deemed 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 at
hand, 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, nor
is 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 of
Court to include the motion in the calendar for hearing on a specific date and a NOTICE to the opposing
counsel of the hearing date requested. In non-litigious motions or ex-parte motions, it is sufficient that the
request not contain a date, and instead simply include the line counsel will submit the motion to the court
for approval immediately upon receipt.
REQUEST FOR & NOTICE OF HEARING
THE BRANCH CLERK OF COURT
Metropolitan Trial Court
Quezon City, Branch 39
Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipt
hereof and kindly include the same in the courts calendar for hearing on Friday, 13 April 2007 at 8:30 in the morning.
ATTICUS FINCH
1 MockingBird Street
Timog Avenue, Quezon City
Please take notice that counsel has requested to be heard on Friday, 13 April 2007 at 8:30 in the morning.
(Sgd.) MITCH MCDEERE
Counsel for Defendant
2 The Firm
Laguna Street, Quezon City
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F. Proof of Service
1. Proof of Personal Service
Copy furnished through personal service:
Atty. Mitch McDeere
Counsel for the Defendant
2 The Firm
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 filing
of pleadings and other papers is done by registered mail instead of by personal service. But, this
explanation is not required in papers coming from the court. Otherwise, the paper may be considered as
not filed. Also, the explanation does not have to be verified, but it MUST be signed. However, in the
Supreme Court, where an Affidavit of Service is required, it may be practical to combine the Explanation
and the Affidavit of Service.
Copy furnished through registered mail:
Atty. Mitch McDeere
2 The Firm
Registry Receipt No. ________
Post Office ________________
Date _____________________
EXPLANATION
The foregoing (designation of pleading, motion, etc.) and its attachment were served on Atty. Mitch McDeere by
registered mail instead of personal service as counsel for petitioner only has one messenger and personal service
would have resulted in the motion not being filed on time to the detriment of petitioner.
(Sgd.) ATTICUS FINCH
City of _______________ ) s.s.
AFFIDAVIT
I, HARPER LEE, a messenger of Atty. Atticus Finch, with office address at __________________, after
being duly sworn, deposes and states:
That on ______________________, I served a copy of the following pleadings/papers by registered mail in
accordance 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 sealed
envelope, plainly addressed to (name of party or his/her attorney) at _______________ with postage fully paid, as
evidenced by Registry Receipt No. _____________________ attached and with instructions to the post master to
return 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 LEE
Affiant
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 now
indicate in their pleadings or other legal
documents their contact details aside from
address, i.e., telephone, fax, mobile or email
address.
As per SC En Banc Resolution on Bar Matter
No. 1132 dated Nov. 12, 2002, all pleadings
must indicate the ff:
1. Roll of Attorneys number of counsel
2. Current Professional Tax Receipt number
(PTR No.)
3. IBP Official Receipt or Life Member number
As per Bar Matter No. 1922, MCLE compliance
or exemption number for the specific compliance
period must be stated; failure to do so may
mean dismissal of the case or expunction of the
pleading. (Note: this came as a result of Justice
Nachuras letter to the SC noting the diminished
interest in the MCLE)
City of Manila, 13 April 2007.
Atty. Mitch McDeere
2 The Firm, Laguna Street,
Quezon City, Metro Manila
(Telephone, Fax, Email)
Roll No.
PTR OR No., date and place of issue
IBP OR No., date and place of issue
MCLE Compliance/Exemption No.
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H. Notice of Appeal
A Notice of Appeal is filed with the court, which
rendered the judgment or decision being
assailed, and NOT with the appellate court. Its
caption must refer to the said lower court and
not with the latter court.
This is filed with the trial court that rendered the
judgment and not the appellate court. The
caption of this Notice must thus refer to the
same court that rendered the judgment and not
the appellate court.
CAPTION
NOTICE OF APPEAL
Defendant, ABC, by counsel, respectfully appeals to this Honorable Court the Decision of the lower court dated
13 April 2007, a copy of which he received on 26 April 2007.
Quezon City, 2 May 2007.
2 The Firm
Branch 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 dated
6 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.
Counsel for Plaintiff
[Address]
Copy furnished:
MITCH MCDEERE
LEGAL ETHICS AND FORMS REVIEWER Part II. PLEADINGS IN CIVIL PROCEDURE
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Part II. Pleadings in Civil Procedure
A. COMPLAINT
B. ANSWER
C. PRE-TRIAL BRIEF
D. MOTIONS
E. SPECIAL CIVIL ACTIONS
1. Certiorari
2. Prohibition
3. Mandamus
4. Interpleader
5. Action to Quiet (or Remove Cloud on)
Title
6. Action for Declaratory Relief
7. Quo Warranto
A. Complaint
A complaint MUST include all of the following:
1. Caption and Title
2. Parties/Capacity of Parties
3. Material Allegations of Ultimate Facts
4. Statement of Cause(s) of Action
An ANSWER states the defense/s,
admissions/specific denials (if a
responsive pleading),
counterclaim/crossclaim, where
appropriate.
5. Prayer/Reliefs
6. Date/Place of Execution
7. Signature of Counsel
As discussed in I.G, the signature of
counsel must also indicate his address,
contact details (telephone, fax, mobile or
email address), Roll of Attorneys
number, current PTR number, IBP O.R.
number and MCLE
compliance/exemption number.
Under Sec. 3, Rule 7, RoC, the
signature of counsel constitutes his
certification that he has read the
pleading; that to the best of his
knowledge, information and belief, there
is good ground to support it; and that it
is not interposed for delay. An unsigned
pleading produces no legal effect. BUT,
the court may, in its discretion, allow
such deficiency to be remedied, if it shall
appear that the same was due to mere
inadvertence and not intended for delay.
A counsel, who deliberately files an
unsigned pleading, or signs a pleading
in violation of this Rule, or alleges
scandalous or indecent matter therein or
fails to promptly report to the court a
change of his address, must be subject
to appropriate disciplinary action.
8. Verification and Certification Against Forum
Shopping
A complaint MUST state in the body AND in the
prayer the AMOUNT OF DAMAGES sought.
This requirement is jurisdictional, failure to
comply with which is a fatal mistake.
Sample Complaint for Ejectment with Damages:
[1] Regional Trial Court
METROPOLITAN TRIAL COURT
Quezon 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 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.
[3] 2. Plaintiff owns that property located at 112 Ocean Drive, Tuna Compound, Quezon City which it
leased to defendant under the terms and conditions stated in the Contract of Lease dated 1 January
2005, 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 lease
as it would use the property for its business expansion; plaintiff then asked defendant to vacate the
premises. A copy of plaintiffs letter to defendant is attached as ANNEX B.
[4] 4. Despite demand duly made and received, defendant has refused to vacate the premises and
continues to occupy the property without plaintiffs consent. [Although this statement is unnecessary in
this particular sample complaint, this merely exemplifies how this fact is alleged: Resort to the
Barangay conciliation system proved useless as defendant refused to appear before the Lupong
Tagapamayapa. A Certification to File Action is attached as ANNEX C.]
5. Defendants act of dispossession has caused plaintiff to suffer material injury because plaintiffs
business expansion plans could not be implemented despite the arrival of machineries specifically leased
for this purpose at the rental rate of US$500 per month. Defendants continued occupation of the
premises 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 vacate
the property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff the amount
of US$3,500 representing rentals on the machineries for seven (7) months and Fifty Thousand Pesos
(P50,000.00) for Attorneys fees.
[6] Quezon City; 13 April 2007.
[7] (Sgd.) ATTICUS FINCH
[Address]
[Other Details under I.G.]
PLUS:
1. [8] Verification and Certification against Forum Shopping
2. Jurat
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B. Answer
An answer MUST include all of the following:
1. Caption
2. Denials/Admission
3. Statement of Affirmative Allegations
4. Statement of Affirmative/Negative Defenses
5. Counterclaim, Cross-claim
6. Prayer/Relief
9. Verification
11. Proof of Service
In general, an Answer needs no verification.
BUT, if it interposes a specific denial of an
actionable document, then the Answer must be
verified.
Sample Answer with Compulsory Counterclaim:
[1] Regional Trial Court
Branch 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 denies
the contents insofar as plaintiffs personal circumstances for the reason stated in the Affirmative Defenses below.
2. He admits the contents of paragraph 2 only where it states that a Contract of Lease was entered into but
specifically denies that the Contract reflects the true intent of the parties as explained in the Affirmative Defenses
below.
3. He admits the contents of paragraph 3 only as to the fact that demand to vacate was made but specifically
denies its contents as to the truth of the reasons for the letter for lack of knowledge sufficient to form a reasonable
belief as to its truth or falseness..
4. He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in the Affirmative Defenses
below.
Affirmative Defenses
[4] 5. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material
and additionally submit that the Complaint should be dismissed because:
5.1. Plaintiff has no capacity to sue as it is a foreign corporation doing business in the
Philippines without a license.
5.2. The Complaint fails to state a cause of action as the Contract of Lease (ANNEX A) was,
before its expiration, superceded by a Deed of Absolute Sale whereby plaintiff sold to defendant
the parcel of land in question, a copy of which is attached as ANNEX 1.
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Counterclaim
[5] 6. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material
and 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 name
and reputation were besmirched by this malicious and baseless suit.
6.2. Attorneys Fees amounting to One Hundred Thousand Pesos (P100,000.00) because he
was 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 the
Complaint and granting defendants counterclaim by awarding defendant: (a) One Million Pesos as Moral Damages,
and (b) Fifty Thousand as Attorneys Fees.
Other just and equitable reliefs are prayed for.
[7] Quezon City; 13 April 2007.
[8] (Sgd.) MITCH MCDEERE
[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-yan
Company for ejectment; in response, I have caused the preparation of this Answer with Counterclaim; I have read its
contents and affirm that they are true and correct to the best of my own personal knowledge; [To specifically deny
an actionable document: I specifically deny the genuineness and due execution as well as the binding effect
of the actionable documents pleaded by plaintiiff;] I hereby certify that there is no other case commenced or
pending before any court involving the same parties and the same issue and that, should I learn of such a case, I
shall notify the court within five (5) days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on 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 material
and additionally submit that he is entitled to indemnity and/or contribution from co-defendant MANGGA GANTSO in
the event that he is made liable to plaintiff because co-defendant MANGGA GANTSO acted as the duly authorized
agent of plaintiff in the sale of the property and, acting as such, received consideration, in the form of the purchase
price, from defendant.
[6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by
1. dismissing the Complaint, and
2. granting defendants counterclaim by awarding defendant
a. One Million Pesos (Php.1,000,000) as Moral Damages, and
b. Fifty Thousand Pesos (Php.50,000) as Attorneys 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 the
Crossclaim.
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D. Pre-Trial Brief
Under Sec. 6, Rule 18, RoC, a Pre-Trial Brief
must include all of the ff:
1. Statement of Willingness to Enter into
Amicable Settlement or Alternative Modes of
Dispute Resolution and the Desired Terms
2. Summary of Admitted Facts and Proposed
Stipulation of Facts
3. Issues to be Tried or Resolved
4. Documents or Exhibits to be Presented and
Their Purpose
5. Manifestation of their Having Availed or their
Intention to Avail Themselves of Discovery
Procedures or Referral to Commissioners
6. Number and Names of the Witnesses, and
the Substance of their Respective
Testimonies.
7. Available Trial Dates
The filing and service of the pre-trial brief on the
adverse party must be done in such manner as
shall ensure the receipt of the same at least 3
DAYS before the date of the pre-trial.
Failure to file the pre-trial brief is tantamount to
failure to appear at the pre-trial.
Pre-trial is now mandatory in criminal cases
based on Rule 118, the 2000 Rules on Criminal
Procedure and Republic Act No. 8493 (The
Speedy Trial Act), although neither the law nor
the Rules require the submission of a Pre-Trial
Brief in criminal cases (in practice, courts also
do not require the submission of a pre-trial brief
in criminal cases). Consequently, the
requirement of a pre-trial brief and the
consequences for failure to submit one (e.g.,
non-suit or dismissal) appear to pertain
exclusively to civil cases.
There is no need to attach a Notice of Hearing
for a Pre-Trial Brief.
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 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 settling this dispute.
1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, defendant respectfully submits that the desired
terms of any amicable settlement would involve, first, a clarification of the actual extent of any obligation due and
owing to plaintiff inasmuch as there is nothing to indicate defendants obligations to plaintiff and, second, a schedule
of payments.
II. BRIEF STATEMENT OF CLAIMS AND DEFENSES
2.1. Plaintiff seeks principally to recover the amount of Twenty Two Million Eight Hundred Eighteen Thousand
Nine Hundred Forty Eight Pesos and Thirty Centavos (PHP22,818,948.30) with interest at twelve percent (12%)
arising allegedly from unpaid orders delivered to defendant variously in 1989.
2.2. Defendant resists plaintiffs claims based on a failure to state a cause of action because of :
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2.2.1. Plaintiffs lack of personality to sue and, therefore, not being the real party in interest
under Rule 3, section 2 of the 1997 Rules of Civil Procedure;
2.2.2. Extinguishment of the alleged claim made by the entity Regency Furniture.
2.3. Defendant also interposed a compulsory counterclaim for Two Million Pesos (PHP2,000,000.00) for moral
damages and Two Million Pesos (PHP2,000,000.00) for exemplary damages and One Hundred Thousand Pesos
(PHP100,000.00) as attorneys 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 the
demand letter dated January 5, 1997 and her reply to the demand letter.
3.2. Subject to a concrete proposal for stipulation of additional facts from plaintiff during pre-trial or even
thereafter, defendant admits no other facts stated in the Complaint.
[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. Plaintiffs personality to seek legal relief;
4.1.2. Plaintiffs entitlement to the amount claimed;
4.2. Defendant submits that the following issues she put forward are subject to proof:
4.2.1. Plaintiffs bad faith in filing this suit;
4.2.2. Defendants entitlement to the claims made in her Compulsory Counterclaim as a result
of plaintiffs 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 this
suit against her;
5.1.2. An employee of Topless Enterprises with personal knowledge as to the true
circumstances behind the alleged obligations due and owing in favor of plaintiff.
[4] 5.2. Defendant reserves the right to present any and all documentary evidence which shall become relevant
to rebut plaintiffs claims in the course of trial as well as any other witnesses whose testimony will become relevant to
belie plaintiffs witnesses, if necessary.
VI. RESORT TO DISCOVERY
[5] 6.1. Considering the relatively simple issues presented, defendant does not intend to avail of discovery at
this time.
6.2. Subject, however, to a concrete and reasonable request for discovery from plaintiff, defendant reserves the
right to resort to discovery before trial.
RESPECTFULLY SUBMITTED.
Quezon City; 13 April 2007.
[Address]
Copy furnished:
Atty. MA BOLA
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E. Motions
Under Sec. 2, Rule 15, RoC, all motions, save
for those made in open court or in the course of
a hearing or trial, must be in writing.
Under Secs. 3-6 & 9, Rule 15, RoC, a motion
MUST include all of the ff:
1. Ground(s)
2. Argument(s)
3. Prayer/Relief
4. Notice of Hearing
In motions filed before the Supreme
Court and the Court of Appeals, a
Notice of Hearing is NOT required.
This part DIFFERS in an Ex Parte
Motion to Set Case for Pre-Trial
BECAUSE in such a motion, this part
does NOT contain a date of hearing,
because this is a motion, which the
Court may act upon without prejudicing
the rights of the adverse party, and
because this is precisely an ex parte
motion, as per Rule 18, Sec. 1.
5. Proof of Service
If service is done by registered mail,
instead of by personal service, then the
motion must include a WRITTEN
EXPLANATION, which need not be
verified, as long as it is SIGNED. An
AFFIDAVIT OF SERVICE is required in
the Supreme Court, so it may be
practical to combine the Explanation
and the Affidavit of Service.
6. Attachments (if any)
These include supporting affidavits and
other papers to prove facts alleged in
the motion.
The pleading or motion sought to be
admitted via a MOTION FOR LEAVE to
file a pleading or motion must be
attached.
7. Verification (in certain cases)
A written motion required to be heard and the
notice of the hearing thereof must be served in
such a way as to ensure its receipt by the other
party at least 3 DAYS before the date of hearing,
UNLESS the court for good cause sets the
hearing on shorter notice. It must also be
addressed to all parties concerned. The hearing
must not be later than 10 DAYS after the filing of
the motion.
Under Sec. 8, Rule 15, RoC on OMNIBUS
MOTIONS, a motion attacking a pleading, order,
judgment or proceeding must include ALL
objections then available; all objections not so
included are deemed waived.
Under Sec. 10, Rule 15, RoC, the rules
applicable to pleadings shall apply to written
motions as far as caption, designation, signature
and other matters of form, are concerned.
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Sample Motion to Dismiss (with request for and notice of hearing):
LAKI ASSET COMPANY,
Plaintiff,
Civil Case No. 3333
- versus - For: Sum of Money
DAMI UTANG CORPORATION,
Defendant.
x --------------------------------------- x
MOTION TO DISMISS
DEFENDANT, by counsel, respectfully moves to dismiss the Complaint on the ground that the Complaint fails to
state a cause of action as [1] THE OBLIGATION SOUGHT TO BE ENFORCED BY PLAINTIFF IS NOT YET DUE
AND DEMANDABLE, as shown by the following:
[2] 1. Allegedly, plaintiff has failed to reach the quotas agreed upon under the Marketing Agreement dated 1
January 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, plaintiffs claim is premature as there is yet no breach of
the Marketing Agreement until the period expires and the quota is not attained. For this reason, plaintiffs Complaint
states no cause of action and must be dismissed.
[3] WHEREFORE, defendant respectfully prays that the Complaint be DISMISSED for failure to state a cause of
action.
[Address]
[4] REQUEST FOR & NOTICE OF HEARING
Metropolitan Trial Court
Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipt
hereof and kindly include the same in the courts calendar for hearing on Friday, 27 April 2007 at 8:30 in the morning.
ATTICUS FINCH
1 MockingBird Street
Timog Avenue, Quezon City
Please take notice that counsel has requested to be heard on Friday, 27 April 2007 at 8:30 in the morning.
2 The Firm
PLUS:[5] Proof of Service
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A MOTION FOR JUDGMENT ON THE PLEADINGS, being a litigious motion, must request for a a
specific hearing date. Notice thereof must be given to adverse party through counsel.
Sample Motion for Judgment on the Pleadings:
LAKISA LAYAW,
Plaintiff,
- versus - For: Sum of Money
LAKISA HIRAP,
Defendant.
x ------------------------- x
MOTION FOR JUDGMENT ON THE PLEADINGS
Plaintiiff, by counsel, respectfully states that:
1. On 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 an
extension of time to pay his obligation but that plaintiff instead filed this Complaint. The Answer admits the material
allegations of the Complaint and has not tendered any issue; consequently, a judgment on the pleadings may be
rendered.
[3] WHEREFORE, plaintiff respectfully prays a judgment on the pleadings be rendered in his favor.
Counsel 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 of
pre-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:
LAKISA LAYAW,
Plaintiff,
- versus -
LAKISA HIRAP,
Defendant.
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 be
joined.
[2] 2. This case is, thus, ripe for pre-trial. Complying with Rule 18, Section 1 of the 1997 Rules on Civil
Procedure, plaintiff respectfully asks that this case be set for pre-trial.
[3] WHEREFORE, plaintiff respectfully prays that this case be set for pre-trial on a date convenient to this
Honorable Court.
[Address]
[4] REQUEST AND NOTICE
Regional Trial Court
Please submit the foregoing to the Court for its approval immediately upon receipt hereof.
Copy furnished:
MITCH MCDEERE, ESQ.
2 The Firm
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 request
and notice need not specify a date of hearing and simply state that it is being submitted for approval
immediately upon receipt. Although, the better practice would be to file such a motion early so as to be
able to set it for hearing and approval by the court.
Sample Motion for Postponement:
DILA TORY,
Plaintiff,
- versus -
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 as
he has also been directed to appear on this date and time before the Regional Trial Court of Makati City, Branch 139
for People of the Philippines v. Bil Moko, Criminal Case No. 009988, where he is scheduled to terminate cross-
examination of the prosecutions 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 attendance
in the Makati case becomes indispensable; otherwise, the accused in said case would be deprived of the opportunity
to confront and cross-examine a vital witness against her.
4. This motion is prompted only by the foregoing reason and not for delay.
[3] WHEREFORE, plaintiff respectfully prays that the trial scheduled on 5 May 2007 be POSTPONED to another
date convenient to this Honorable Court.
[Address]
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When filing a MOTION FOR EXTENSION OF TIME, it is always preferable to not only state the number of
additional days sought, but also the new deadline, so that it can be used as a personal reminder of the
new deadline.
Sample Motion for Extension of Time:
DILA TORY,
Plaintiff,
- versus -
PASEN SYOSO,
Defendant.
x ------------------------------------ x
MOTION FOR EXTENSION OF TIME
1. He has been directed to file a Reply to defendants Answer by 10 May 2007.
[1 & 2] 2. The undersigned counsel, however, anticipates his inability to file the Reply on or before the said due
date because of the tremendous pressure of other equally urgent professional work requiring the preparation of
pleadings and almost daily trial appearances before the various courts within and outside Metro Manila. For this
reason, the undersigned is constrained to ask for an additional fifteen (15) days from 10 May 2007, or until 25 May
2007, within which to submit plaintiffs 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 May
2007, or until 25 May 2007, within which to submit plaintiffs Reply.
[Address]
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The defendant, who is to be declared in default, is entitled to be notified of the MOTION TO DECLARE
DEFENDANT IN DEFAULT and the order declaring him/her in default; thereafter, he loses the right to
receive any other notices except for judgment in default.
Sample Motion to Declare Defendant in Default:
ANAKIN SKYWALKER,
Plaintiff,
- versus -
PADME AMIDALA,
Defendant.
x ---------------------------------- x
MOTION TO DECLARE DEFENDANT IN DEFAULT
1. Plaintiff filed this Complaint against defendant on 1 March 2007; summons were served on defendant on 20
March 2007, as indicated by the Sheriffs Return of even date, a copy of which is attached as ANNEX A.
[1 & 2] 2. Defendants reglementary period to file Answer ended on 5 April 2007; no motion for extension of
such period was filed nor was any granted motu proprio 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.
[3] WHEREFORE, plaintiff respectfully prays that defendant be declared in default and that plaintiff be allowed to
present evidence ex parte before the Clerk of Court acting as Commissioner.
(Sgd.) DARTH SIDIOUS
[Address]
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Although not required, the following sample MOTION TO LIFT ORDER OF DEFAULT includes paragraph
numbers 1 & 2, which give a short summary of the material antecedents, so that the argument and the
basis for the relief sought is clear and placed in context.
Sample Motion to Lift Order of Default:
ANAKIN SKYWALKER,
Plaintiff,
- versus -
PADME AMIDALA,
Defendant.
x ---------------------------------- x
MOTION TO LIFT ORDER OF DEFAULT
DEFENDANT, by counsel, respectfully states that:
1. Five (5) days after service of summons and receipt of Complaint, she filed a Motion to Dismiss on the ground
that plaintiffs claim is outside the jurisdictional amount of this Honorable Court under the new Expanded Jurisdiction
Act and that the Complaint should properly be filed and tried before the Metropolitan Trial Court. The Motion to
Dismiss, which was received by plaintiffs counsel on 25 March 2007, was set for hearing on 10 April 2007, as
indicated on the Request for and Notice of Hearing.
2. Without waiting for the hearing on the Motion to Dismiss, this Honorable Court declared defendant in default
on 7 April 2007 based solely on plaintiffs Motion, filed two (2) days after the supposed lapse of the reglementary
period, which, however, was tolled by the filing of a Motion to Dismiss.
[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 lapsed
because of the filing of the Motion to Dismiss within the period, and (c) the pendency of the Motion to Dismiss is
prejudicial to the issue of defendants 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 this
Honorable Court resolve her Motion to Dismiss.
(Sgd.) OBI WAN KENOBI
[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 not
later than 60 DAYS from notice of the judgment, order or resolution sought to be assailed in the Supreme
Court 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 Supreme
Court. It may also be filed in the Court of Appeals whether or not the same is in aid of its appellate
jurisdiction, or in the Sandiganbayan if it is in aid of its jurisdiction. If it involves the acts or omissions of a
quasi-judicial agency, and unless otherwise provided by law or these Rules, the petition shall be filed in
and cognizable only by the Court of Appeals.
1. Certiorari
Under Rule 65, RoC, a certiorari MUST include the ff:
1. Names of petitioner and respondent
2. Grounds
3. Prayer/Relief
4. Combined Verification, Certification against Forum Shopping and Statement of Material Dates
ADD the date when the Decision or Judgment was received
5. Attachments
a. Certified true copies of the judgment/order subject of petition
b. 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, if
filed, denied.)
[2] 3. (State briefly the facts and circumstances under which the respondent/s exercising judicial functions acted
without, or in excess of, jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction.)
4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right, [b] which is threatened
by an act or omission of respondents, [c] and that, unless restrained, will cause grave and irreparable injury to
petitioner. Allege also that petitioner is ready to post a bond in an amount to be fixed by the Court conditioned upon
the payment to respondents of any damages suffered arising from the writ should petitioner be found not to be
entitled to the writ.)
5. There is no appeal from such decision 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 or
finding) for being in grave abuse of discretion; in the interim, that a preliminary injunction and/or temporary restraining
order issue to ENJOIN any further proceedings by respondents.
Quezon City; 7 July 2007.
Counsel 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:
2. Grounds
3. Prayer/Relief
ADD the date when the Decision or Judgment was received
5. 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 for
Reconsideration, if filed, denied.)
[2] 3. (State briefly the facts and circumstances under which the respondent/s whether exercising judicial or
ministerial functions acted without, or in excess of, jurisdiction or with grave abuse of discretion amounting to lack or
excess of jurisdiction.)
4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right, [b] which is threatened
by an act or omission of respondents, [c] and that, unless restrained, will cause grave and irreparable injury to
petitioner. Allege also that petitioner is ready to post a bond in an amount to be fixed by the Court conditioned upon
the payment to respondents of any damages suffered arising from the writ should petitioner be found not to be
entitled to the writ.)
5. There is no appeal from such decision 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 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).
[Address]
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3. Mandamus
Under Rule 65, RoC, a mandamus MUST include the ff:
2. Grounds
3. Prayer/Relief
5. 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 act
which the law specifically enjoins as a duty resulting from an office, trust or station, or unlawfully excluded the
petitioner from the enjoyment of a right or office to which the petitioner is entitled.)
3. Petitioner has no appeal from such decision or any plain or adequate speedy remedy in the ordinary course of
law, except this petition.
[3] WHEREFORE, it is respectfully prayed that, after due notice and hearing, a writ of mandamus issue
commanding respondent/s forthwith to: (state the act required to be done), with costs against them.
[Address]
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4. Interpleader
INTERPLEADER :: an action filed by a person, who claims no interest whatsoever upon a subject matter
or who has an undisputed whole or partial interest in a subject matter, upon which several others have
conflicting claims, against such other persons, to compel them to interplead and litigate their several
claims 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 claimants
over the same subject matter
facts showing conflicting claims made on the same subject matter over which petitioner claims no
interest or an interest that is not disputed by claimants
3. Prayer/Relief
6. Verification and Certification against Forum Shopping
In the following sample complaint in interpleader, note the boldfaced phrase. It is important to allege this
because otherwise plaintiff would be required to pay the docket fees involved in filing the Complaint in
Interpleader which would be determined by the value of the property. In this way, plaintiff will not be
unduly prejudiced by the costs of the suit.
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 defendants
reside 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. The
watch is now in plaintiffs possession. On or about 5 June 1999, defendants made similar representations to plaintiff
as to ownership of the watch.
3. Plaintiff, who claims no interest in the watch, cannot determine the conflicting claims of defendants and thus
seeks to compel defendants to interplead and litigate their several claims between themselves.
[3] WHEREFORE, it is respectfully prayed that this Honorable Court issue an order directing defendants to
interplead with one another to determine their respective rights and claims and to allow plaintiff to recover his
expenses for safekeeping and the costs of this suit, as first lien upon the subject matter of this action.
[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 the
following:
1. Parties
Any person interested under a deed, will, contract or other writing, before breach thereof, and
who stands to suffer injury by operation of the said deed, will, contract or other writing
facts showing interest under a deed, will, contract or other written instrument and injury arising
from operation of said deed, will, contract or other writing and facts showing that no violation or
breach has 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 property
under pacto de retro not redeemed)
3. Prayer/Relief
Sample Action to Quiet (or Remove Cloud on) Title:
IN RE: QUIETING OF TITLE OVER THE
PROPERTY COVERED BY TCT NO. 12345
SCA No. 1357
NALI LITO, as Special Administrator of the
Estate of the deceased DAMI LUPA,
Petitioner,
UMA AGAW,
Respondent.
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 only
encumbrance thereon.
3. The sale is fictitious and the Deed of Sale is forged, as shown by a judgment in Civil Case No. 2468, a copy
of which is attached.
4. The existence of the alleged Deed of Sale is prejudicial and injurious to the title of the lawful heirs of the
deceased upon the said property. Equity demands that the said Deed of Sale be surrendered and cancelled, as it is
a cloud upon the title of the deceased and his lawful heirs.
[3] WHEREFORE, petitioner respectfully prays that this Honorable Court render judgment in the Estates favor
by ordering the Deed of Sale surrendered and cancelled and the cloud on Title No. 12345 removed.
Counsel 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, and
who stands to suffer injury by operation of the said deed, will, contract or other writing
facts showing interest under a deed, will, contract or other written instrument and injury arising
from operation of said deed, will, contract or other writing and facts showing that no violation or
breach has 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 property
under pacto de retro not redeemed)
3. Prayer/Relief
Sample Action for Declaratory Relief:
INA API,
Plaintiff,
- versus - Civil Case No. 2468
THE CITY COUNCIL
OF 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 of
Quezon City, the duly-constituted legislative body for Quezon City, its members may be served with notices at
Quezon City Hall.
[2] 2. On 1 August 1999, defendant City Council passed Ordinance No. 2345 making it unlawful to operate
cellular phone units while inside a moving vehicle and penalizing any violations with a fine of P1,000.00 for each
offense in addition to impounding of the cellular phone unit. The relevant portions of the Ordinance are, as follows:
(Quote the relevant portions)
3. The above-quoted portion is ambiguous because it leaves unfettered discretion to the authorities to stop even
urgent and important calls which may be made only while the person is in transit. It fails to consider that, due to the
worsening traffic conditions in Metro Manila, majority of business is conducted in transit and over cellular phones.
Plaintiff is a lawyer who frequently has to dictate important pleadings over the phone while in transit due to the
worsening traffic condition. The Ordinance appears to bar his doing so but plaintiff is unaware of the limits of
permissible action under the Ordinance.
4. Unless declaratory relief is granted, plaintiff will suffer grave and irreparable injury because he is unsure of the
instances when he may lawfully use his cellular phone while in a moving vehicle and when such use may lead to
confiscation and a fine.
[3] WHEREFORE, plaintiff respectfully prays that this Honorable Court grant declaratory relief and declare
plaintiffs 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 office
3. Prayer/Relief
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 a
public office and that plaintiff is entitled to hold the same office.)
3. (State that plaintiff has demanded that defendant vacate said office and deliver it to plaintiff but that defendant
has unlawfully refused to do so.)
[3] WHEREFORE, plaintiff respectfully prays that a writ of quo warranto issue ousting and excluding defendant
from occupying the office of ____________ and declare that plaintiff is entitled to the said office and that he be
placed forthwith in possession thereof.
[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 COMPLAINT
C. MOTIONS
1. Motion to Quash Information
2. Motion to Quash Search Warrant
3. Motion to Suppress Evidence
4. 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 Circumstances
2. Statement of Venue
3. Factual Allegations to Show Violation or Defense
A complaint-affidavit shows the violation, while a counter-affidavit shows the defense.
4. Signature of Affiant
5. Verification
6. Certification as to Personal Examination of Affiant
Under Sec. 3(a), Rule 112, 2000 Rules on Criminal Procedure, the affidavit must be subscribed
and sworn to before a prosecutor, or a government official authorized to administer an oath, or in
their absence or unavailability, a Notary Public, each of whom must certify that he personally
examined the affiants and that he is satisfied that they voluntarily executed and understood their
affidavits.
7. Supporting Documents/Affidavits
A COMPLAINT-AFFIDAVIT or a COUNTER-AFFIDAVIT, like any other affidavit, must be based on the
affiants personal knowledge. To resolve the problem of the affiants lack of personal knowledge as to
legal answers, affiant may simply state the fact that he was assisted by counsel and say I was advised
by counsel that
Sample Complaint-Affidavit:
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 X
Village, Makati, do hereby state under oath that:
1. I am a member of the Triple X Village Homeowners Association (Association) and was formerly a Director
and Corporate Secretary of the Association.
[3] 2. I accuse and hereby charge MR. MA INGAY, residing at 5 Privet Drive, Triple X Village, Makati, of
violating Article 358 of the Revised Penal Code (Slander and Oral Defamation), committed against me when he
publicly, maliciously and deliberately uttered defamatory remarks against me during the Board Meeting of the
Association on 27 January 2007. This is attested to by the following exchange that transpired between Mr. Ingay and
the other members of the Board in attendance:
(Quote Exchange)
Attached as ANNEX A is a copy of the official transcript of the meeting.
3. Prior resort to the Barangay conciliation system proved fruitless as Mr. Ingay did not retract his remarks.
Consequently, a Certification to File Action was issued by the Barangay Chairperson, a copy of which is attached as
ANNEX B.
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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. Ingays public and defamatory
utterance was clearly a reference to me and to no other.
5. Mr. Ma Ingays remarks, calling me a swindler twice over, uttered in a public meeting are clearly insulting and
defamatory as they malign me and attribute to me a criminal act, nature and predisposition. There is, moreover, no
doubt that Mr. Ingays use of the word swindled was deliberate as his explanation and clarification a few utterances
thereafter would show. Mr. Ingays remarks are also very serious as they cast aspersions on my reputation, character
and very person before my peers and fellow homeowners.
6. Mr. Ingays remarks have injured my name, reputation and character before my neighbors and peers. While
my name, reputation and character are incapable of pecuniary estimation as these are the result of a lifetimes effort
to build a name, reputation and character that my children and their children can be proud to bear, Mr. Ingay cannot
be allowed to simply go scot-free without bearing the consequences of his acts. For this reason, I am also holding
Mr. Ma Ingay liable civilly for defaming me in the amount of One Million Pesos (P1,000,000.00) in nominal
damages, Five Hundred Thousand Pesos (P500,000.00) in moral damages and Five Hundred Thousand Pesos
(P500,000.00) in exemplary damages.
TO THE TRUTH OF THE FOREGOING, I have signed this Complaint-Affidavit on 13 April 2007.
[4] (Sgd.) MA SELAN
Complainant-Affiant
[5] SUBSCRIBED AND SWORN TO BEFORE ME this 13
th
day of April 2007.
(Sgd.) Investigating Prosecutor
[6] CERTIFICATION
I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIED THAT HE
VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT.
(Sgd.) Investigating Prosecutor
Sample Counter-Affidavit:
City of Makati ) S.S.
COUNTER-AFFIDAVIT
Re: 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 to
the post in 1998. In said capacity, I am in charge of coordinating the day-to-day affairs and activities of his Office.
[2] 2. I recently learned that I have been made a respondent in I.S. No. 1613, a charge for estafa, filed by a
certain MA GULANG on 19 January 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 a
Mr. MANGGA GANTSO of the Quezon City Rescue and Environmental Distress Unit, which made the Mayor their
Honorary Chairman with no direct functions; he has been supporting their activities financially with voluntary
contributions.
[3] 4. There is no truth to the allegations in MA GULANGs complaint. There is no factual nor legal basis to
charge me with estafa. The Complaint must be dismissed. To rebut and contradict MA GULANGs malicious lies, I set
forth the true circumstances leading to the transaction below:
4.1. Sometime last year, Ms. Gulang called the office of the Mayor, looking for him; I informed
her that he was not around. I took a message from her saying that she was a friend of the Mayor
and that she was selling Nextel units and if we wanted to buy units from her. I informed her that
both the Mayor and I had our units already; she then told me if the Mayor could refer her to
prospective clients. When the Mayor arrived, I relayed the message to him.
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4.2. Quite coincidentally, Mr. Gantso had called the Mayor asking if he could assist in securing
Nextel units. The Mayor asked me to call Ms. Gulang. Mr. Gantso and Ms. Gulang were able to
meet, as a result.
4.3. On that day, Ms. Gulang brought the units to the Mayors Office; she met with Mr. Gantso
inside the Mayors office. They transacted business inside the Mayors Office and only passed by
my office on their way out.
4.4. Some time after that, Ms. Gulang phoned me and told me that Mr. Gantso had not paid
her the amount of P11,000.00 for the units. Somewhat embarrassed by this, I called Mr. Gantso
and told him to pay Ms. Gulang; he assured me that he would pay her but that he just needed to
collect money from the rest of the group.
4.5. After persistent calls from Ms. Gulang telling me that Mr. Gantso had not yet paid, I gave
her the telephone number of Gantso so that she could just call him directly. But even then, I would
still get calls from Ms. Gulang; and when she started to get angry over the telephone, I set up an
appointment for Mr. Gantso to meet with her at the Office.
4.6. Thereafter, I would still receive phone calls telling me that Mr. Gantso had yet to pay; I
would follow up with Mr. Gantso but he simply gave me this promise that he would pay.
5. It is utterly inexplicable that Ms. Gulang would hold me liable for estafa when all that I did was to refer Ms.
Gulang to Mr. Gantso; to a certain extent, I even exerted my best efforts to see that Ms. Gulang was paid due simply
to my great embarrassment at the prospect of being accused of referring a person who does not know how to pay for
an obligation.
6. For this reason, it is certainly incomprehensible that I should stand accused of estafa by Ms. Gulang. I
performed no act of deceit or fraud against her in ordering the units. I performed NO ACT that even remotely
resembles ANY of the acts punished under Article 315. If at all, any cause of action is PURELY CIVIL in nature
and that liability does not pertain to my personal account in the absence of a showing that I benefited from the Nextel
units (which Ms. Gulang does not even allege and cannot prove); any civil liability should pertain to the Office of the
Mayor, not to me.
7. Considering the foregoing, I respectfully submit that there is no prima facie basis to conclude that the crime of
Estafa or that any crime at all has been committed. The Complaint against me should, thus, be dismissed.
TO THE TRUTH OF THE FOREGOING, I have signed this Statement on 3 February 2007.
[4] (Sgd.) MA LABO
Affiant
PLUS: [5] Verification
[6] Certification
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B. Information and Complaint
INFORMATION COMPLAINT
an accusation in writing, charging a person with
an offense, subscribed by the prosecutor and filed
with the court (Sec. 4, Rule 110, RoC)
a sworn written statement, charging a person with
an offense, subscribed by the offended party, any
peace officer or other public officer, charged with
the enforcement of the law violated (Sec. 3, Rule
110, RoC)
need not be under oath
BUT it must be signed and subscribed by the
prosecutor, who shall certify THAT he has
conducted the required PI
must be under oath
BUT lack of oath is not a formal defect and will not
invalidate judgment
valid, when signed by the prosecutor, who is
authorized to conduct PI of the offense committed
within his jurisdiction
PREVAILS, in case of conflict between the
information and the complaint filed, thus, omissions
made in the complaint, though corrected in the
information, are fatal (People vs. Oso, 1935)
A complaint for purposes of PI by the fiscal need
NOT be filed by the offended party. Unless the
offense subject thereof is one that cannot be
prosecuted de oficio, the complaint may be filed, for
PI purposes, by any competent person. The
complaint referred to in Rule 110 contemplates one
filed in court, not with the fiscal, and in such case,
the proceeding must be started by the aggrieved
party himself. (Ebarle vs. Sucaldito)
GENERALLY, a criminal action is commenced by complaint or information, both of which are filed in
court. A complaint must be filed by the offended party, while an information must be filed by the fiscal. But
a "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 are
commenced by filing EITHER a complaint or information. BUT, in Metro Manila and in chartered cities, a
criminal case can only be commenced by filing an INFORMATION, EXCEPT when the offense cannot be
prosecuted de oficio.
Under Sec. 1(b), 1991 Revised Rules on Summary Procedure, the said criminal cases include
VIOLATIONS of traffic laws, rules and regulations; rental law; municipal or city ordinances; and Batas
Pambansa Blg. 22 and ALL other criminal cases, where the punishment is imprisonment for not longer
than 6 months and/or fine of not more than P1,000. Provided, that offenses involving damage to property
through criminal negligence cost (damage) no more than P10,000. ALSO, the 1991 Revised Rules on
Summary Procedure does NOT apply to a criminal case, where the offense charged is necessarily related
to another criminal case subject to the ordinary procedures.
Under Secs. 6-13, Rule 110, 2000 Rules on Criminal Procedure, an INFORMATION MUST include all of
the following:
1. Parties
a. Name of Offended Party
b. Name of Accused
2. Designation of Offense by Statute
3. Acts or Omissions Complained of as Constituting the Offense
including a statement of the qualifying or aggravating circumstances
4. Approximate Time of the Commission of the Offense
5. Place of Commission
6. 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 detained
b. Full name and address of evidence custodian
c. Detailed description of recovered items, if any
9. Verification
10. Certification of Preliminary Investigation or Inquest
The Certification of Preliminary Investigation is appended to an Information filed after a full blown
PI is conducted. On the other hand, as per DOJ Circular No. 61 (September 21, 1993; New
Rules on Inquest), Sec. 14, the Certification as to Conduct of Inquest is filed, if the accused was
arrested 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 to
administer an oath (i.e., the City Prosecutor in the sample below). Thus, the JURAT does not contain any
reference 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 Honorable
Court, the said accused, being then legally married to BIL MOKO, and without such marriage
having been legally dissolved and thus valid and existing, did wilfully, unlawfully and felicitously
contract a second marriage with ASA WA in the City of Quezon.
CONTRARY TO LAW. <+ allegation of any aggravating circumstances>
ELLIOT NESS
Assistant 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 I
examined the Complainant and her witnesses; that there is reasonable ground to believe that the offense charged
had been committed and that the accused is probably guilty thereof; that the accused was informed of the Complaint
and of the evidence submitted against him and was given the opportunity to submit controverting evidence; and that
the filing of this Information is with the prior authority and approval of the City Prosecutor.
ELLIOT NESS
SUBSCRIBED AND SWORN TO BEFORE ME this 9
th
day of August 2006 in Quezon City.
AL CAPONE
City Prosecutor
Bail Recommended: P10,000.00
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Sample Information for Theft:
(Caption)
Plaintiff,
- versus - For: Theft
KLEPTO MANIAC,
Accused.
x --------------------------------------------- x
INFORMATION
The Undersigned accuses KLEPTO MANIAC of the crime of Theft, committed as follows:
That on or about 3 July 2006, in the City of Quezon and within the jurisdiction of
this Honorable Court, the said accused, then 11 years old and without any known
address, willfully, unlawfully and feloniously, with intent to gain, without force upon
things or violence upon persons and without the knowledge and consent of MA
ALAHAS, the owner, took a gold necklace studded with diamonds valued at One
Hundred Thousand Pesos (P100,000.00) to the prejudice of said owner.
CONTRARY TO LAW.
ELLIOT NESS
CERTIFICATION AS TO CONDUCT OF 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 the
accused, despite opportunity to do so, there is reasonable ground to believe that the accused has committed the crime of
theft and should, thus, be held for said crime; that this Information was with the prior authority of the City Prosecutor.
ELLIOT NESS
SUBSCRIBED AND SWORN TO BEFORE ME this 9
th
of August 2006 in Quezon City.
AL CAPONE
City Prosecutor
Sample Information for Attempted Rape:
(Caption)
Plaintiff,
- 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, unlawfully
and feloniously enter the house of SEK SEE, a married woman, and finding that her husband was away,
with lewd designs and by means of force and intimidation, commenced directly by overt acts to commit
the crime of attempted rape upon her person, to wit: while SEK SEE was cooking lunch, the accused
seized her from behind, threw her to the floor, raised her skirt, pulled down her underwear and attempted
to penetrate her with his sexual organ and would have succeeded in doing so had not her loud protests
and vigorous resistance brought her neighbors to her assistance, causing the accused to flee from the
premises without completing all the acts of execution.
CONTRARY TO LAW with the aggravating circumstance of dwelling.
ELLIOT NESS
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:
2. Parties
3. Distinct Specification of Factual and Legal Grounds for Quashal
4. Relief
5. Date/Place
8. Affidavit of Service
Sample Motion to Quash Information:
[1] Republic of the Philippines
Plaintiff,
- 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 the
following:
[3] GROUNDS
1. IT CONTAINS AVERMENTS WHICH, IF TRUE, WOULD CONSTITUTE A LEGAL
JUSTIFICATION;
2. THIS COURT IS WITHOUT JURISDICTION.
In support, the accused respectfully states that:
ARGUMENT
The Information alleges that the accused KLEPTO MANIAC is eleven (11) years old and without any known
address. Under Article 12, paragraph 3 of the Revised Penal Code, a person over nine years of age and under
fifteen, unless he acted with discernment, is exempt from criminal liability.
There is no allegation that the accused acted with discernment. Even granting said discernment, the accused
cannot be tried but instead proceeded against under Article 80 of the Revised Penal Code, which provides that a
minor, unless sixteen years of age at the time of the commission of a grave or less grave felony, cannot be tried but
instead shall have the benefit of a suspension of all proceedings against him. The duty of the court would be to
commit the minor to the custody or care of a public or private benevolent or charitable institution for the care and
education of homeless and delinquent children or to the custody of the Department of Social Work and Development.
[4] WHEREFORE, it is respectfully prayed that the Information against the accused be QUASHED and that the
accused be released immediately from detention.
Counsel 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 acted
upon only by the court where the action is filed. If no action has yet been filed, it may be filed with the
court that issued the search warrant. If the latter court has yet to issue a resolution and a criminal case is
then 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:
2. Distinct Specification of Factual and Legal Grounds for Quashal
a. Failure to comply with form prescribed by law
b. Served beyond period
c. More than one offense
d. No personal determination of probable cause by Judge
e. No probable cause
3. Relief
4. Place/Date
7. Proof of Service
Sample Motion to Quash Search Warrant:
[1] (Caption)
Plaintiff,
- versus - Criminal Case No. 00022
For: Libel
VIG CHAN,
Accused.
x ---------------------------------------------- x
MOTION TO QUASH SEARCH WARRANT
The ACCUSED, by counsel, respectfully moves for the quashal of Search Warrant No. 1122 issued by this
Honorable Court on and dated 12 July 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 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 11
th
day
from its date; this is certified to by the Sworn Inventory and Return executed by Major Alang Alam, the leader of the
searching team (a copy of which is already part of the records). A search was made on the same day, 23 July 2006;
pursuant to said search, certain objects were seized and delivered to the court. Under the law, the Search Warrant is
void and must, thus, be quashed.
[3] WHEREFORE, it is respectfully prayed that Search Warrant No. 1122 be QUASHED and all objects seized
under its purported authority be declared INADMISSIBLE under the exclusionary rule in Article III, Section 3(2) in
relation to section 2 of the 1987 Constitution.
[5] (Sgd.) MA TAPANG
Counsel 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 acted
upon only by the court where the action is filed. If no action has yet been filed, it may be filed with the
court that issued the search warrant. If the latter court has yet to issue a resolution and a criminal case is
then filed in another court, the motion may be resolved by such other court.
A motion to suppress evidence MUST include all of the following:
2. Distinct Specification of Factual and Legal Grounds for Suppression
a. Search without witnesses
b. Served beyond period
c. More than 1 offense
d. No receipt
e. No inventory
f. Property not subject of seizure
g. Not evidence in plain view
3. Prayer/Relief
4. Place/Date
7. Proof of Service
[1] (Caption)
Plaintiff,
For: Libel
VIG CHAN,
Accused.
x ---------------------------------------------- x
MOTION TO SUPPRESS EVIDENCE UNLAWFULLY SEIZED
The ACCUSED, by counsel, respectfully moves for the suppression of objects seized on 23 July 2006, pursuant to
Search 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 11
th
day and is, thus, void.
2. The motor vehicle seized does not fall within the property that may lawfully be seized.
Discussion
[1] Search Warrant No. 1122 was
served on the 11
th
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 11
th
day from its
date; this is certified to by the Sworn Inventory and Return executed by Major Alang Alam, the leader of the searching team
(a copy of which is already part of the records). A search was made on the same day, 23 July 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 does
not fall within the property that
may lawfully be seized.
4. On the occasion of the search, the searching party also seized accuseds 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 a
seizure of evidence in plain view.
[3] WHEREFORE, it is respectfully prayed that all objects seized under the void Search Warrant No. 1122 be declared
INADMISSIBLE under the exclusionary rule in Article III, section 3(2) in relation to Section 2 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 TAPANG
Counsel for Accused
[Address]
4. Motion for Bail
A motion for bail MUST include all of the following:
2. Parties
3. Specification of Grounds for Entitlement to Bail
The allegation in this regard would invariably be to the effect that the evidence of guilt is not
strong and the relief prayed for would be a bail hearing and the subsequent admission to bail.
4. Prayer/Relief
5. Place/Date
8. Proof of Service
[1] (Caption)
Plaintiff,
- 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] prosecutions evidence
of his guilt is not strong. In support, he respectfully submits the following:
1. The Information alleges that he raped the private complainant on 25 December 2005 at his residence in Quezon
City. The prosecutions own evidence, however, belies this allegation as: (a) the medical certificate (attached as ANNEX A
to the Information) states that private complainant is in a virgin state with no physical and outward signs of trauma; (b) the
medical certificate issued by the NBI doctor (attached as ANNEX B to the Information) after a physical examination of the
accused, two (2) days after the alleged rape, shows that he is suffering from erectile dysfunction and has been so afflicted
for close to five (5) years now and (c) the sworn statements of the private complainant conflict with and contradict each other
such that her credibility must be placed in doubt.
2. For these reasons, there is no basis to conclude that the accused raped the private complainant as there is less than
circumstantial evidence of this fact. He is, thus, entitled to bail as a matter of right.
WHEREFORE, it is respectfully prayed that the accused be granted: (1) a bail hearing, during which the prosecution
should be directed to present its evidence to show the strength of its evidence of the accuseds guilt, and (2) thereafter,
grant the accused reasonable bail.
[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 Motions
2. Grounds for Probation (See PD 968, as amended)
3. Prayer/Relief
4. Verification by Applicant
[1] (Caption)
Plaintiff,
RECY DIVIST,
Accused.
x ---------------------------------------------- x
APPLICATION FOR PROBATION
THE ACCUSED, by counsel, respectfully applies for probation pursuant to the provisions of Presidential Decree
No. 968, as amended.
In support of this application, the accused respectfully submits the following:
1. Accused-applicant is of legal age and currently gainfully employed at ASN Broadcasting Corporation located
at Timog Avenue, Quezon City. On 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 an
indeterminate 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 the
disqualifications enumerated under section 2 of Presidential Decree No. 968, specifically:
2.1. She has not been convicted of any crime against national security or public order;
2.2. She has not been previously convicted by final judgment of an offense punishable by
imprisonment of not less than one (1) month and one (1) day and/or a fine of not less than Two
Hundred Pesos (P200.00);
2.3. She has not previously applied for nor had been previously placed under probation under
Presidential Decree No. 968.
2.4. She has not started to serve her sentence and, to date, has not filed any Notice of Appeal
from the Order of conviction.
3 Finally, granting this application will not in any way depreciate the seriousness of the offense charged nor
cause any undue risk that during the period of probation, accused-applicant will commit another crime. Moreover,
accused-applicant does not need any correctional treatment requiring commitment to an institution.
[3] WHEREFORE, accused-applicant respectfully prays that her application for probation be GRANTED and that
she be placed under probation under such terms and conditions necessary to attain and ensure the objectives of the
law and which, under the circumstances, are fair, just and reasonable in the sound discretion of this Honorable Court.
Quezon City for Pasig City; 12 March 2007.
Counsel 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 AND
OPPOSITION/COMMENT TO OFFER
B. DEMURRER TO EVIDENCE
C. NOTICE OF LIS PENDENS
D. 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 formally
offer the evidence, NOR to do anything in a criminal case, as everything is done under the direction and
control of the public prosecutor. Thus, the offer is made in the name of the PROSECUTION. This is
always made in TABLE or COLUMN form, such that it would be easier for the Court to see the Exhibit
No., Description and Purpose but, for 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 of
Offer. Furthermore, every legal document MUST be signed by BOTH the public prosecutor and the
private 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 1
st
par. should
read: The Accused (Defendant), by counsel, respectfully offers his/her documentary exhibits in
support of his/her defenses, as follows:.
This is a common mistake for any legal document submitted by a private prosecutor. It is important to
remember that the private prosecutor has no personality to do anything in a criminal case as everything is
under the control and direction of the public prosecutor. Thus, every legal document must be signed by
both the public prosecutor and the private prosecutor. Note that it would also be acceptable to have
the Offer that is prepared by a private prosecutor signed by the public prosecutor to show his
conformity thereto.
Sample Formal Offer of Evidence:
Plaintiff,
- versus -
RECY DIVIST,
Accused.
x ------------------------------------------ x
FORMAL OFFER OF EVIDENCE
THE PROSECUTION, by the undersigned public and private prosecutors, respectfully offer their documentary
exhibits in support of their case-in-chief:
1. Exhibit A, the sworn statement of Alang Kaso, the private complainant, and Exhibit A-1, his signatureto
prove that on the date and time stated in the affidavit, the accused issued a post-dated check in the amount of One
Million Pesos (P1,000,000.00) which, on presentment for payment, was dishonored for lack of insufficient funds; to
prove authorship and the authenticity of the sworn statement; and as part of the testimony of the private complainant.
2. Exhibit B, the post-dated check dated 30 June 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 of
accused on face of the checkto prove the issuance of the check, the amount stated, the reason for dishonor and the
identity of the issuer. The marked copies of Exhibits A and B are already part of the record.
WHEREFORE, the prosecution respectfully prays that the foregoing Exhibits be ADMITTED as proof of the facts
therein stated and in support of its case-in-chief and for all other relevant purposes.
ELLIOT NESS ATTICUS FINCH
Public Prosecutor Private Prosecutor
Copy furnished:
MITCH MCDEERE
Counsel for Accused
On the other hand, a COMMENT/OPPOSITION TO OFFER only objects to the ADMISSIBILITY of the
document 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 also
determines admissibility). Any objections to purpose should be made in the Memorandum and an
appropriate reservation to do so may be stated in the Comment.
Sample Comment/Opposition to Offer:
Plaintiff,
- versus -
RECY DIVIST,
Accused.
x ------------------------------------------ x
COMMENT ON THE PROSECUTIONS
FORMAL OFFER OF EVIDENCE
THE ACCUSED, by counsel, respectfully oppose the Prosecutions Offer of Evidence for the following reasons:
1. Exhibit A, the sworn statement of Alang Kaso, the private complainant, and Exhibit A-1, his signature are
INADMISSIBLE because the private complainant was never presented to authenticate the document or subjected to
cross-examination, thus, the document is hearsay and inadmissible.
2. Exhibit B, the post-dated check dated 30 June 2004, issued by the accused in the amount of One Million
Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with notation DAIF; Exhibit B-2, the signature of
accused on face of the check are INADMISSIBLE for violation of the Best Evidence Rule as the original check was
never presented; and no basis for the presentation of secondary evidence laid.
ACCORDINGLY, the ACCUSED respectfully submits that the Prosecutions Exhibits are INADMISSIBLE and
must, thus, be EXCLUDED.
[Address]
Copy furnished:
ELLIOT NESS
Public Prosecutor
ATTICUS FINCH
Private 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 and
later reversed on appeal, the defendant loses the right to adduce evidence.
Sample Demurrer in a Civil Case:
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
- versus -
PADME AMIDALA,
Defendant.
x ---------------------------------- x
DEMURRER TO THE EVIDENCE
DEFENDANT, by counsel, with leave of court previously sought and granted, respectfully submits this Demurrer
to the Evidence because plaintiff has failed to prove entitlement to his claims by a preponderance of evidence:
1. This action seeks to collect a sum of money arising from a contract.
2. Plaintiff, after resting his case, has failed to: (a) prove the authenticity of the contract, (b) the extent of the
obligation under the contract, (c) the demandability of the obligation under the contract and (d) defendants liability for
the obligation and damages.
3. Consequently, plaintiff has failed to prove his claims by a preponderance of evidence and defendant is
entitled to a dismissal of the Complaint against her.
WHEREFORE, defendant respectfully prays that the Complaint against her be DISMISSED.
[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 for
hearing. Under Sec. 23, Rule 119, RoC, if the court denies the demurrer filed with leave of court, the
accused 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 the
evidence for the prosecution. If the second option is sought, the MOTION FOR LEAVE OF COURT TO
FILE DEMURRER TO EVIDENCE must be filed PRIOR to the Demurrer, and it is only after such Motion
has been granted, that the Demurrer may be filed.
Sample Demurrer in a Criminal Case:
(Caption)
Plaintiff,
- versus - For: Violation of PD 1866
ANAKIN SKYWALKER,
Accused.
x ---------------------------------------- x
DEMURRER TO THE PROSECUTIONS EVIDENCE
THE ACCUSED, by counsel, with leave of court previously obtained, respectfully submits this Demurrer to the
Prosecutions Evidence on the ground that the prosecution has failed to adduce sufficient evidence of his guilt to
overcome the presumption of innocence and shift the burden of proof:
1. Under the Constitution, the accused is presumed to be innocent until proven guilty. The effect of this
presumption is that it entitles the accused to not say anything in his defense and places the burden directly on the
prosecution to prove everything relative to his guilt. Thus, the prosecution must rely on the strength of its evidence
and not wait for the accused to offer any defense. It is only in the event that the prosecution, after resting its case,
has adduced sufficient evidence of guilt that the burden of proof shifts to the accused.
2. The prosecution has failed to adduce sufficient evidence of guilt such as would shift the burden of proof.
2.1. The accused is charged with violation of PD 1866; the gravamen of the offense is
unauthorized possession of a firearm. Concretely, this means that the prosecution must prove that
the accused had no legal authority to possess any firearm.
2.2. The prosecution has failed to show that the accused had no license to carry a firearm.
The proof of the negative element is indispensable to proof of a violation of PD 1866. Without proof
of this negative element, the crime is not proven.
3. Absent proof of the negative element, i.e., absence of a license, the offense is not proven. The accused is
innocent; he must, thus, be acquitted.
WHEREFORE, the accused respectfully prays that the Information against him be DISMISSED and that he be
ACQUITTED of the crime charged.
DARTH SIDIOUS
[Address]
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C. Notice of Lis Pendens
Sample Notice of Lis Pendens:
4
th
Judicial Region
Branch 71, Antipolo
DAMI LUPA,
Plaintiff,
Civil Case No. 007
- versus - For: Reconveyance
ALANG LUPA,
Defendant.
x ----------------------- x
NOTICE OF LIS PENDENS
THE REGISTER OF DEEDS
Antipolo City, Rizal Province
Please take notice that a parcel of land covered by TCT No 1234 located in Antipolo, Rizal; registered in the
name of defendant is the subject matter of an action for reconveyance of an undivided one-sixth portion thereof filed
by DAMI LUPA, above-named plaintiff. Accordingly, please record this notice on the title.
[Address]
Copy furnished:
MITCH MCDEERE, Esq.
D. Appearance and Withdrawal as Counsel
The CONFORMITY (as reflected by the signature) and name of the client, who authorized the counsel to
make its entry, MUST be shown in the ENTRY OF APPEARANCE.
Sample Entry of Appearance:
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
- versus - For: Legal Separation
PADME AMIDALA,
Defendant.
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 the
address given below.
No. 1, Imzadi Place
Tatooine, 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 not
have to explain his withdrawal. BUT, if such conformity was not given prior to withdrawal, the lawyer may
be asked to secure conformity, except when the withdrawal was due to fundamental and irreconcilable
professional differences, which must be STATED so as to justify the absence of conformity.
Sample Withdrawal as Counsel:
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
PADME AMIDALA,
Defendant.
x -------------------------------- x
WITHDRAWAL OF APPEARANCE
Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN SKYWALKER,
with his express conformity as indicated below, in this case. Henceforth kindly address all pertinent notices to plaintiff
at his address given in the Complaint.
(Sgd.) MACE WINDU
1 Imperial Palace, Cloud City, Pasig City
WITH MY CONFORMITY:
(Sgd.) ANAKIN SKYWALKER
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Sample Withdrawal as Counsel WITHOUT Clients Conformity:
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
PADME AMIDALA,
Defendant.
x -------------------------------- x
WITHDRAWAL OF APPEARANCE
Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN SKYWALKER due
to irreconcilable professional differences with plaintiff, for which reason the express conformity of plaintiff
cannot be obtained. Henceforth kindly address all pertinent notices to plaintiff at his address given in the Complaint.
(Sgd.) MACE WINDU
1 Imperial Palace, Cloud City, Pasig City
E. Substitution of Counsel
Sample Substitution of Counsel:
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
PADME AMIDALA,
Defendant.
x -------------------------------- x
SUBSTITUTION OF COUNSEL
THE UNDERSIGNED respectfully enters his appearance as counsel for defendant Padme Amidala in
substitution of former counsel Darth Maul, as shown by her express conformity below. Henceforth, kindly address all
pertinent notices to the undersigned at the address given below.
OBI WAN KENOBI
2 Corruscant Place
Tatooine Road, Pasig City
WITH MY CONFORMITY:
(Sgd.) PADME AMIDALA
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Part V. Pleadings in Cases and Special Proceedings
A. PETITION FOR HABEAS CORPUS
B. PETITION FOR ADOPTION
C. PETITION FOR DECLARATION OF
NULLITY OF MARRIAGE
D. PETITION FOR PROBATE OF
HOLOGRAPHIC WILL
A. Petition for Habeas Corpus
Sample Petition for Habeas Corpus:
Branch 191, Makati
IN RE: PETITION FOR HABEAS
CORPUS OF THE MINORS LUKE
AND LEIA SKYWALKER
SP No. 111334
PADME AMIDALA,
Petitioner.
ANAKIN SKYWALKER,
Respondent.
x ------------------------------------------ x
PETITION
1. Petitioner is the mother of the minors Luke and Leia Skywalker, who were born out of the valid marriage
between petitioner and respondent Anakin Skywalker.
2. The marriage failed and petitioner has been living separately from respondent since 2004. Sometime in
February 2007, respondent, unknown to petitioner, abducted the minor children and has kept them incommunicado
and out of petitioners reach.
3. Being below seven (7) years of age, custody of the minors is naturally presumed to belong to petitioner, as
their mother. Consequently, respondents refusal to allow petitioner to regain custody over the minors is unlawful and
unjustified.
WHEREFORE, petitioner respectfully prays that a writ of habeas corpus issue directing respondent to make a
return showing his legal authority to detain the minor children, subject of this petition, and thereafter, present the
minor children personally before the Court on a date and time it chooses.
OBI WAN KENOBI
Counsel 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 ADOPTION
OF ANAKIN SKYWALKER
SP No. 111334
DARTH 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 ANAKIN
SKYWALKER, 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 not
abandoned the minor child. With full knowledge of petitioners intention, they have expressly given their written
consent to the adoption, as shown by their statement, a copy of which is attached as ANNEX A.
4. Petitioners are qualified to adopt the minor and are financially capable of supporting the minor; they are also
morally qualified to bring up and educate the said minor.
WHEREFORE, it is respectfully prayed that judgment be rendered in petitioners favor adjudging the minor child
ANAKIN SKYWALKER freed from all legal obligations of obedience and maintenance with respect to his/her natural
parents and that he/she be declared to all legal intents and purposes, the child of herein petitioners and that his/her
surname be changed to that of petitioners.
(Sgd.) 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 be
applied for upon filing of a petition for declaration of nullity of marriage:
a) spousal support [ 2]
b) child support [ 3]
c) child custody [ 4]
d) visitation rights [ 5]
e) hold departure orders [ 6]
f) order of protection [ 7]
g) admin of common property [ 8]
Under thesame Rule, child custody may be sought in a petition for declaration of nullity where the court
considers the best interests of the child as paramount. Provisional custody may be awarded to the
following based on the order of preference:
1. to both parents jointly
2. to either parent taking into account all relevant considerations, esp. the choice of the child
3. to the surviving grandparent, or if there are several of them, to the grandparent chosen by the child
above 7 years of age unless the grandparent chosen is unfit or disqualified
4. to the eldest brother or sister over 21 years of age unless unfit or disqualified
5. to the actual custodian over 21 years of age unless unfit or disqualified, or
6. to any other person deemed by 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 the
absolute community or the conjugal partnership. In the discretion of the court, either parent or both may
be ordered to give an amount necessary for support, maintenance and education of the child in proportion
to the resources or means of the giver and to the needs of the recipient. Thus, the earning capacity of the
parent 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 may
be 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 of
children, respective ages]. A copy of the Marriage Contract executed by petitioner and respondent is attached as
ANNEX A; a copy each of the birth certificates of the minor children is attached as ANNEX B, C and D, respectively.
4. Petitioner and respondent are currently separated in fact and have been so since May 2001. The reason for
the continuing separation in fact is the breakdown of the marriage due to both petitioners and respondents mutual
psychological incapacity to fulfill and discharge their respective marital obligations to each other, which existed at the
time 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 proved
unproductive as respondent proved resistant and, at times, even hostile to these efforts.
6. In compliance with jurisdictional requirements, petitioner submitted herself to a psychological and clinical
assessment by a trained professional, Clinical Psychologist [state name]. Despite several attempts, respondent
refuses to agree to any sober and productive discussion with petitioner and is always highly emotional and angry, it
was, thus, impracticable to secure a psychological report and profile of respondent; should this become material,
petitioner reserves the right to request respondent to submit to a psychological examination for purposes of
confirming the mutual psychological incapacity to remain married to each other.
7. Petitioners psychological incapacity is described in clinical terms as being consistent with a V61.1 Partner
Relational Problem and is said to have Masochistic Personality Disorder or 301.9 Personality Disorder Not
Otherwise Specified; on the other hand, the assessment given by the psychologist of respondents psychological
make-up is that he has a 301.20 Schizoid Personality Disorder with narcissistic features which is described as
grave, incurable and has antecedents. The psychological make-up of petitioner and respondent is explained in
greater detail in the Clinical Assessment Report (Report) dated 28 December 2006, a copy of which is attached
as ANNEX E.
8. Their minor children are in petitioners custody and are being supported by her financially and emotionally.
9. Petitioner submits that, despite the parties mutual psychological incapacity to remain married to each other,
the interests of the children are best served by having them remain in her custody, with visitation rights extended to
respondent. All of the children are minors and, under the law, children under seven (7) years of age shall not be
separated from the mother, save for exceptional circumstances which do not exist in this case.
10. Petitioner cannot, however, provide for all the financial needs of the children as she is only earning a limited
amount of money from her work whereas respondent is gainfully employed and earns more than enough for his own
personal needs. Petitioner earns only (state amount) from her work as shown by her payslip attached as ANNEX F
whereas respondent earns (state amount) from his work as shown by his payslip attached as ANNEX G. The
common property of petitioner and respondent is insufficient for the support of the children. Respondent must, thus,
be directed to give support to his children in the amount of (state amount).
WHEREFORE, petitioner respectfully prays that PROVISIONAL ORDERS for child custody and child support be
issued giving to petitioner custody pendente lite over their minor children and directing respondent to give monthly
support in the amount of (state amount), subject to any adjustments that may be made based on changing earning
capacity as well as needs.
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Petitioner also prays that, after trial, judgment be rendered in her favor by declaring petitioner to be
psychologically incapacitated to comply with the essential obligations of her marriage to respondent, thus --
[1] Declaring the marriage between petitioner and respondent a nullity and, by this token, ordering
the dissolution of the conjugal partnership of gains; and
[2] Awarding permanent custody of the children to petitioner, with express acknowledgement of
respondents visitation rights;
[3] Awarding support in the amount of (state amount) subject to adjustments to be made
depending on changes in earning capacity and needs of the children.
All other just and equitable reliefs are also prayed for.
[Address]
D. Petition for Probate of Holographic Will
Branch 30, San Juan
RE: PROBATE OF THE HOLOGRAPHIC
WILL OF PABLING SIA.,
SP PROC. No. 0023
PALING KERA,
Petitioner,
x ------------------------------------ x
PETITION
1. Petitioner is a Filipino citizen and the widow of the deceased.
2. On 16 August 2006, PABLING SIA died, having previously executed a holographic will in his own handwriting
and in a language known to him. A copy of the will is attached as ANNEX A. The handwriting may be attested to as
his by his secretary of long standing, TOM CRUZ.
2. The deceased left a house and lot located at No. 555, Tuna Road, Marinara Subdivision, Quezon City and
cash amounting to Fifty Thousand Pesos (P50,000); he had no debts.
3. The deceaseds only heirs are herein petitioner and their son, PABLING SIA JR., both of whom are residing at
No. 555, Tuna Road, Marinara Subdivision, Quezon City.
WHEREFORE, it is respectfully prayed that after due notice and publication this Honorable Court fix the date for
the probate of the holographic will and that letters of administration be issued in favor of the herein petitioner and
thereafter adjudicate the properties of the deceased in accordance with the said holographic will.
[Address]
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Part VI. Deeds, Contracts and Other Legal Documents
A. GENERAL POWER OF ATTORNEY
B. SPECIAL POWER OF ATTORNEY
C. CONTRACT OF LEASE
D. HOLOGRAPHIC AND NOTARIAL WILL
E. DONATION INTER VIVOS
F. SECRETARYS CERTIFICATE
G. BOARD RESOLUTIONS
H. DEED OF ASSIGNMENT
I. DEED OF SALE
J. DACION EN PAGO
K. CHATTEL MORTGAGE
DEED :: a sealed instrument, containing a contract or covenant, delivered by the party to be bound
thereby, 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 Blacks LawDictionary)
CONTRACT :: a meeting of minds between two persons, whereby one binds himself, with respect to the
other, 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 (Blacks Law
Dictionary)
A. General Power of Attorney
POWER OF ATTORNEY :: an instrument authorizing a person to act as the agent or attorney of the
person granting it (Blacks LawDictionary)
Although a GENERAL POWER OF ATTORNEY would suffice in ordinary instances, the Civil Code
expressly requires a SPECIAL POWER OF ATTORNEY in the instances specified under Art. 1878
thereof, 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 PADME
AMIDALA to be my true and lawful attorney-in-fact, for me and in my name, place and stead, to do and perform the
following acts, to wit:
(Specify general acts that Attorney-in-Fact may do)
Giving and granting unto my said Attorney-in-Fact full power and authority necessary and required to carry out
the acts as fully to all intents and purposes as I might do or lawfully do if personally present, with power of substitution
and revocation, and hereby ratifying and confirming all that my said attorney-in-fact or his substitute shall lawfully do
or cause to be done under and by virtue of these presents.
IN WITNESS WHEREOF, I have signed this instrument this 7 July 2007 at Tatooine.
Principal
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 PADME
AMIDALA, of legal age, and resident of Naboo, to be my true and lawful Attorney-in-Fact and in my name, place and
stead, do perform the following specific act(s):
(Specify the particular act/s to be performed)
Giving and granting unto said attorney-in-fact power and authority to do every act necessary and required in
connection with these presents, and hereby ratifying and confirming all that she may do by virtue of these presents.
IN WITNESS WHEREOF, I have signed this Special Power of Attorney this 7 July 2007 at Tatooine.
Principal
(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 7
th
day of July 2007 by and between DAMI BAHAY, of
legal age, married to ASA WA, (LESSOR) and resident of Makati City, and ALANG BAHAY, of legal age, single and
resident of Quezon City (LESSEE), WITNESSETH that:
1. In consideration of a monthly rental of FIVE THOUSAND PESOS (P5,000.00) and the covenants made
below, the LESSOR hereby LEASES to the LESSEE an apartment located at 199 San Antonio Village, Makati City
covered by Tax Declaration No. 001 (Makati City Assessors Office) for a period of TWELVE (12) MONTHS from
signing of this contract.
2. The LESSEE covenants, as follows:
2.1. To pay the rentals on or before the fifth day of each month, without need of demand at
the residence of LESSOR;
2.2. To keep the premises in good and habitable condition, making the necessary repairs and
painting inside and outside the house;
2.3. Not to make major alterations and improvements without the written consent of the
LESSOR and in the event of such unauthorized major alterations and improvements, surrendering
ownership over such improvements and alterations to the LESSOR upon expiration of this lease;
IN WITNESS WHEREOF, the parties have signed this contract on the date and the place first mentioned.
DAMI BAHAY ANG BAHAY
Lessor Lessee
With my consent:
ASA WA
Acknowledgment
BEFORE ME, a Notary Public for Makati City, personally appeared on the 7
th
of July 2007, the following persons,
with their respective CTC details indicated below:
DAMI BAHAY CTC No. ____________ issued at/on
ALANG BAHAY CTC No. ____________ issued at/on
known to me to be the same persons who executed the foregoing instrument, denominated as a Contract of Lease
consisting of __ pages, signed on each and every page by the parties and their instrumental witnesses, having
acknowledged the same before me as their own free and voluntary act and deed.
TO THE TRUTH OF THE FOREGOING, witness now my hand and seal on the date and place mentioned above.
N.O. TARIO
Until December 31, 2007
PTR No. 0000111/1/05/99, Makati City
Doc. 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 prescribed
by law, to control to a certain degree the disposition of his estate, to take effect after his death) which
simply has to be entirely written, date, and signed by the hand of the testator himself (Arts. 783, 810
NCC, restated)
NOTARIAL WILL :: a will (i.e., an act whereby a person is permitted, with the formalities prescribed by
law, to control to a certain degree the disposition of his estate, to take effect after his death) which
complies 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 Manila
7 July 2007
I hereby execute this holographic will, in my handwriting and in the English language which I know how to read
and write, bequeathing my house and lot located at No. 555, Tuna Road, Marinara Subdivision, Quezon City to my
son, PABLING SIA JR., and cash amounting to Fifty Thousand Pesos (P50,000) to my spouse, PALING KERA.
(Sgd.) PABLING SIA SR.
Sample of a Notarial Will:
LAST WILL AND TESTAMENT
of
PABLING SIA, SR.
I, PABLING SIA, SR., of legal age, married to PALING KERA, a native of Lipa City, Batangas, now actually
residing 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 to
be 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, the
following 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 7
th
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 and
donations mortis causa (which are essentially wills), must state the number of pages used upon which the
will is written, and the fact that the testator signed the will and every page thereof, or caused some other
person to write his name, under his express direction, in the presence of the instrumental witnesses, and
that the latter witnessed and signed the will and all the pages thereof in the presence of the testator and
of 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 certify
that: the testator _________________ has published unto us the foregoing will consisting of ___ pages numbered
correlatively in letters on the upper part of each page, as his/her last will and testament and has signed the same and
every page thereof, on the left margin, in our joint presence and we, in turn, at his/her request have witnessed and
signed the same and every page thereof, on the left margin, in the presence of the testator and in the presence of
each other.
SAKSI 1 Residence
SAKSI 2 Residence
SAKSI 3 Residence
Sample Acknowledgment of a Notarial Will:
JOINT ACKNOWLEDGMENT
BEFORE ME, Notary Public for and I the City of San Juan, Philippines, this 7
th
day of July, 2007, personally
appeared:
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 July
2006;
2006;
2006;
all known to me to be the same persons who signed the foregoing Will, the first as testator and the last three as
instrumental witnesses, and they respectively acknowledged to me that they signed the same as their own free act
and deed.
This Will consists of ___ pages, including the page in which this acknowledgment is written, and has been signed
on the left margin of each and every page thereof by the testator and his witnesses and has been sealed with my
Notarial seal.
IN WITNESS WHEREOF, I have set my hand the day, year and place written.
(Sgd.) N. O. TARIO
Notary 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, situated
in _________________, and more particularly described in Original/Transfer Certificate of Title No. ____ of the land
registry of _____________, as follows:
(Copy description of property in title)
That for and in consideration of the love and affection which the DONOR has for the DONEE, the said DONOR,
by these presents, transfers and conveys, by way of donation, unto said DONEE, his/her heirs and assigns, the
above described real property with all the buildings and improvements thereon, free from all liens and encumbrances;
That the DONOR does hereby state, for the purpose of giving full effect to this donation, that he/she has
reserved for himself/herself in full ownership sufficient property to support him/her in a manner appropriate to his/her
needs;
That the DONEE does hereby accept this donation of the above-described property, and does hereby express
gratitude for the kindness and liberality of the DONOR.
IN WITNESS WHEREOF, the DONOR and the DONEE have signed this deed on 7 July 2007 and at Quezon
City, Philippines.
LALIM BULSA
Donor
ACCEPTED:
DAMI UTANG
Donee
(Sgd.) MIRON 1
(Sgd.)MIRON 2
PLUS: Acknowledgment
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F. Secretarys 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 particular
purpose, e.g. to increase corporate indebtedness, is necessary to do such particular corporate act.
SECRETARYS CERTIFICATE
I, DEANNA TROI, of legal age, with office address at __________________, on the basis of the corporate
records, do hereby certify that under oath that:
1. I am the Corporate Secretary of ENTERPRISE HOLDINGS INC. (corporation), a corporation duly organized
and existing under Philippine laws, with the same office address given above.
2. At a meeting of the Board of Directors of the corporation held on ___________, at which meeting a quorum
was present and obtained throughout, the following resolution(s) was (were) unanimously approved and adopted:
RESOLVED, that ...................
3. The foregoing resolution has not been revoked, amended or in any manner modified and accordingly, the
same may be relied upon until a written notice to the contrary is issued by the corporation.
IN WITNESS WHEREOF, I have set my hand to this certification on ____ at ______________.
DEANNA TROI
Corporate Secretary
ATTESTED:
JEAN-LUC PICARD
President
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 be
authorized, as he is hereby authorized, to enter into any and all transactions with the representatives of the
Ferengi Trade Federation, as may prove to be beneficial to the corporation in his own opinion and determination.
Approved and adopted this 7
th
day of July, 2007 at Makati City, Philippines.
(Name of Directors)
Sample Board Resolution Increasing the Number of Directors and Making the Necessary
Amendment 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 of
Incorporation to reflect this increase.
Approved and adopted this 7
th
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 and
convey unto DAMI LUPA, likewise of legal age, and resident of ______________, all his/her rights, title, ownership and
interest over its subscription to One Hundred Thousand (100,000) shares of the capital stock of _________ Corporation,
including advances due from said corporation. It is, however, understood that the assignee shall assume any and all unpaid
subscription on the said shares.
The assignor hereby irrevocably constitute, name and appoint the assignee to be his/her true and lawful attorney-in-fact
to make representations with the corporate secretary and to cause the annotation of this assignment in the books of the
corporation.
IN WITNESS WHEREOF, the assignor has signed this deed on 7
th
day of July, 2007 at the City of Manila.
DAMI SHARES
Assignor
(Sgd.) MIRON 1
(Sgd.) MIRON 2
I. Deed of Sale
Standard Form of Deed of Sale of Registered Land (Unilateral):
Makati City ) S.S.
DEED OF ABSOLUTE SALE
I, MA YA MAN, Filipino, single, and resident of _________________________, for and in consideration of the amount
of _______________________, paid to me today by MA GU LANG, Filipino, single and resident of ________________ do
hereby SELL, TRANSFER and CONVEY absolute and unconditionally unto said MA GU LANG that certain parcel(s) of land,
together with the buildings and improvements thereon situated in the City of Makati, and more particularly described as
follows:
(Technical Description of property/ies; specify metes and bounds of the property/ies with approximate
area thereof, as indicated on the face of the title)
of which I am the registered owner in fee simple, my title thereto being evidenced by Transfer (or Original) Certificate of Title
No. ______, issued by the Register of Deeds of Makati City.
It is hereby mutually agreed that the vendee shall bear all expenses for the execution and registration of this deed of
sale.
IN WITNESS WHEREOF, I have signed this deed this 7
th
day of July, 2007 at Makati City.
MA YA MAN
Vendor
[Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor is married,
then add the following:]
With my consent:
ASA WA
Vendors Wife
(Sgd.) MIRON 1
(Sgd.) MIRON 2
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Standard Form of Deed of Sale of Unregistered Land (Unilateral)
Makati City ) S.S.
DEED OF ABSOLUTE SALE
I, MA YA MAN, Filipino, single, and resident of _________________________, for and in consideration of the
amount of __________, paid to me today by MA GU LANG, Filipino, single and resident of
_______________________ do hereby SELL, TRANSFER and CONVEY absolutely and unconditionally unto said
MA GU LANG that certain parcel(s) of land, together with the buildings and improvements thereon situated in the City
of Makati, and more particularly described as follows:
(Description: state the nature of each piece of land and its improvements, situations and
boundaries, area in square meters, whether or not the boundaries are visible on the land by means
of monuments or otherwise; and if they are, what they consist of, the permanent improvements, if
any, the page number of the assessment of each property for current year or years when
registration is made, the assessed value of the property for the year)
It is hereby declared that the boundaries of the foregoing land are visible by means of _______________; that
the permanent improvements existing thereon consist of _________ (if none, state so); that the land is assessed for
the current year at P______________ as per Tax Declaration No. __________, and the buildings and/or
improvements , at P____________ as per Tax Declaration No. _________, of the City Assessor of Makati.
The above described real estate, not having been registered under Act No. 496 nor under the Spanish Mortgage
Law, the parties hereto have agreed to register this instrument under the provisions of Sec. 194 of the Revised
Administrative Code, as amended.
th
MA YA MAN
Vendor
[Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor is
married, then add the following:]
With my consent:
ASA WA
Vendors Wife
(Sgd.) MIRON 1
(Sgd.) MIRON 2
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Standard Form of Deed of Sale with Pacto de Retro (Bilateral):
Makati City ) S.S.
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 of
Makati;
The VENDOR, for and in consideration of the amount of _________________ Pesos (P_____), to him paid by
VENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONVEY under pacto de retro
unto the said VENDEE, his heirs and assigns, the property with all the buildings and improvements thereon, free from
all liens and encumbrances whatsoever;
The VENDOR, in executing this conveyance, hereby reserves the right to REPURCHASE, and the VENDEE, in
accepting the same, hereby obligates himself to RESELL the property herein conveyed within a period of ____ years
from date of this deed for the same price of ______________ (P____); Provided, however, that if the VENDOR shall
fail to exercise his right to repurchase as herein granted within the period provided, then this conveyance shall
become absolute and irrevocable, without need of a new Deed of Absolute Sale, subject to the requirements of law
regarding consolidation of ownership of real property.
th
MA YA MAN MA GU LANG
Vendor 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:
Makati City ) S.S.
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 certain
parcel of land, with all the buildings and improvements thereon, situated at Makati City, and more particularly
described, as follows:
(Copy technical description in title)
covered by Transfer (or Original) Certificate of Title No. ____ of the Registry of Deeds of Makati, and which property
was previously sold to under pacto de retro by the said MA YA MAN on _____________, executed before Notary
Public __________ and bearing Notarial Registration No. ___, Page No. ____, Book No. ____ and Series of 20__ of
his Notarial Register, a copy of which is attached as ANNEX A.
th
of July, 2007 at Makati City.
MA GU LANG
Vendor
[Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor is
married, then add the following:]
With my consent:
BA TAPA
Vendors Wife
(Sgd.) MIRON 1
(Sgd.) MIRON 2
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Standard Form of Deed of Sale with Mortgage:
Makati City ) S.S.
DEED OF SALE WITH MORTGAGE
This Deed of Sale with Pacto de Retro made and executed by and between:
MA YA MAN, Filipino, of legal age, married to ASA WA, with residence at ___________________
(VENDOR-MORTGAGEE),
- and -
MA GU LANG, Filipino, of legal age, married to BA TAPA, with residence at ____________
(VENDEE-MORTGAGOR);
WITNESSETH: That
The VENDOR-MORTGAGEE is the absolute owner of a certain parcel of land with all the buildings and
improvements thereon, situated in the City of Makati, and more particularly described, as follows:
(Copy technical description in TCT/OCT)
his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the Register of Deeds of
Makati;
The VENDOR, for and in consideration of the amount of _________________ Pesos (P_____), to him paid by
VENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONVEY unto the said
VENDEE, his heirs and assigns, the property with all the buildings and improvements thereon, free from all liens and
encumbrances whatsoever;
It is hereby agreed and stipulated that the UNPAID BALANCE OF ____________ Pesos (P____), of which
amount _________________Pesos (P_____) shall be paid by the VENDEE-MORTGAGOR to the VENDOR-
MORTGAGEE at the latters residence, as follows:
(State manner of payment)
In order to guarantee the fulfillment of the above obligations, the VENDEE-MORTGAGOR does hereby
MORTGAGE unto the said VENDOR-MORTGAGEE, his heirs and assigns, the property described, together with all
the buildings and improvements thereon, under the express stipulation that if the said VENDEE-MORTGAGOR shall
pay or cause to be paid unto the VENDOR-MORTGAGEE the obligations, then this Mortgage shall be of no further
force and effect; otherwise, the same shall remain in full force and effect and shall be enforceable in the manner
prescribed by law.
th
MA YA MAN MA GU LANG
Vendor Vendee
With my consent: With my consent:
ASA WA BA TAPA
Vendors Wife Vendees 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 which
property 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 to
ALANG MALAY, with residence at _____________ (ASSIGNOR) and DAMI LUPA, Filipino, of legal age, married to
BIL MOKO, with residence at _______________ (ASSIGNEE), WITNESSETH:
That the ASSIGNOR is indebted to the ASSIGNEE in the sum of ___________ Pesos (P______) and in full
payment and complete satisfaction thereof hereby assign, transfer and convey unto the ASSIGNEE that certain real
estate with all the buildings and improvements thereon, situated in ___________, and more particularly described as
follows:
(Description of property assigned)
of which real estate the ASSIGNOR is the registered owner, his title thereto being evidenced by Transfer (or Original)
Certificate of Title No. ____________ of the Register of Deeds of _____________.
That the ASSIGNEE does hereby accept this assignment in full payment of the above-mentioned debt of
______________ Pesos (P_________).
IN WITNESS WHEREOF, the parties have signed this Deed on 7 July 2007 at Makati City.
DAMI UTANG DAMI LUPA
Assignor Assignee
With my marital consent:
ALANG MALAY BIL MOKO
Assignors Wife Assignees Wife
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K. Chattel Mortgage
Sample of Chattel Mortgage:
Makati City ) S.S.
CHATTEL MORTGAGE
That I, DAMI KOTSE, of legal age, married and resident of Makati, for and in consideration of the loan of FIVE
HUNDRED THOUSAND PESOS (P500,000.00), granted to me by YAMAN NYA, also of legal age, married and
resident of Makati, to be paid one (1) year from date hereof, have transferred and conveyed by way of chattel
mortgage unto said YAMAN NYA, his heirs, successors and assigns, free from all liens and encumbrances that
certain motor vehicle, at present in my possession at my address, more particularly described as:
Model/Make No./Color: BMW 738i (1998), racing green;
Chassis No. : 00000001111;
Engine No. : 00000001111;
of which I am the true and absolute owner by title thereto, being evidenced by Registration Certificate of Motor
Vehicle No. ______ issued in my name by the Land Transportation Office on __________________.
This chattel mortgage has been executed in order to secure the full and faithful payment of my obligation to
YAMAN NYA in accordance with the terms and conditions of this instrument; Upon payment, this contract shall
become null and void; otherwise, it shall continue in full force and effect and may be foreclosed in accordance with
law.
IN WITNESS WHEREOF, I have signed this instrument on 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 the
foregoing Chattel Mortgage in order to guarantee as good and binding the obligations mentioned above and is not
intended to defraud creditors.
YAMAN NYA DAMI KOTSE
Signed in the presence of:
UZI 1 UZI 2
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Part VII. Appeals and Other Modes of Review
A. ORDINARY APPEALS IN CIVIL CASES
B. 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 from
notice of judgment or final order, MUST include
all of the following:
1. Notice of Appeal
- Parties
- Judgment or final order appealed from
- Material dates showing timeliness of
appeal
2. Proof of Payment of Appellate Court Docket
and Other Lawful Fees
3. 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 from
notice of judgment or final order, MUST include
all of the following:
1. Notice of Appeal
2. 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 format
as that in the Appellants Brief,
EXCEPT for the Copy of judgment
or final order appealed from.
3. Appellants Reply Brief
4. 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 (appellate
jurisdiction):
Pursuant to Sec. 1(a), Rule 122, Rules of Court,
the appeal, which MUST be filed within 15
DAYS from notice of judgment or final order,
MUST include all of the following:
1. Notice of Appeal
2. 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 filed
within 15 DAYS from notice of judgment or final
order, MUST include all of the following:
1. Notice of Appeal
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, which
MUST be filed within 15 DAYS from notice of
judgment or final order, MUST include all of the
following:
1. Notice of Appeal
NOTE that the only instance when an ordinary
appeal from the RTC to the SC and where resort
is made by simple notice of appeal is when the
penalty imposed by the RTC is reclusion
perpetua or life imprisonment or where a lesser
penalty is imposed BUT involving offenses
committed on the same occasion or arising out
of the same occurrence, which gave rise to the
more serious offense for which the penalty of
death, reclusion perpetua or life imprisonment is
imposed.
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C. Petitions for Review
From RTC (as appellate court) or from a
quasi-judicial agency to CA:
Pursuant to Rules 42 and 43, Rules of Court, the
petition, which MUST be filed within 15 DAYS
from notice of judgment or final order OR within
the maximum of 15 DAYS extension period
therefrom, MUST include all of the following:
1. Full names of petitioner and respondent
2. Statement of Material Dates
3. Statement of Material Averments
4. Statement of Issues, Errors of Fact or Law
5. Argument
6. Verification and Certification against Forum
Shopping
7. Attachments
- Certified true copy or duplicate original
copy of judgment/final order questioned
- Clear and legible copy of all pleadings
and other material portions of the record
8. Proof of Service and Explanation for Service
by Registered Mail (if applicable)
From RTC (on pure questions of law) or CA
(appellate jurisdiction) to SC:
The petition, which MUST be filed within 15
DAYS from notice of judgment or final order OR
within the maximum of 15 DAYS extension
period therefrom, MUST include all of the
following:
1. Names of Petitioner and Respondent
(Without Impleading the Lower
Court/Judge/Justice)
2. Statement of Material Dates
3. Material Allegations, Reasons or Arguments
for Allowance of Petition
4. Verification and Certification against Forum
Shopping
5. Attachments
- Certified true copy or duplicate original
copy of judgment/final order questioned
- Clear and legible copy of all pleadings
and other material portions of the record
6. Proof of Service and Explanation for Service
by 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 the
Writ of Amparo, anyone whose right to life,
liberty and security is violated or threatened with
violation by an unlawful act or omission of a
public official or employee, or of a private
individual or entity can file a SIGNED AND
VERIFIED petition for the issuance of a writ of
amparo. BUT, it is not available for violations or
threatened violations of the right to property per
se, except when the right to property is
connected to the right to liberty such that the
latter right cannot be vindicated without
addressing the threat to or violation of the right
to property.
The petition can be filed SUCCESSIVELY (or by
DEFAULT) by the following: an aggrieved party;
a member of his immediate family (i.e., spouse,
children & parents); an ascendant, descendant
or collateral relative within the 4
th
civil degree of
consanguinity or affinity; and in default of all the
foregoing, by a concerned citizen, organization,
association or institution. The filing by a more
prior party suspends the right of all others to file
similar petitions. NOTE that even if the Rule did
not expressly require so, if the petition was filed
by any of the relators, a statement must be
made that the aggrieved party did not, or could
not file the petition.
The petition may be filed on any day, or at any
time with any of the following courts, and the writ
is enforceable anwhere in Philippines.
a. RTC of place where the threat, act or
omission was committed or any of its
elements occurred
b. Sandiganbayan or Court of Appeals or any
justice there
c. Supreme Court or any justice there
The petition MUST include all of the following:
1. Personal Circumstances of the Petitioner
2. Name and Personal Circumstances of the
Respondent Responsible OR if the Name is
Unknown or Uncertain, his Assumed
Appellation
3. Right to Life, Liberty and Security of the
Aggrieved Party Violated or Threatened,
Act/s Allegedly Violative of Said Rights and
the Attendant Circumstances
4. Investigation Conducted, if any, the
Investigating Authority, the Manner and
Conduct Thereof and any Report thereon
5. Actions and Recourses Taken by the
Petitioner to Determine the Fate or
Whereabouts of the Aggrieved Party and the
Identity of the Person Responsible
6. Relief Prayed For
*7. Certification against Forum Shopping
WON this certification is necessary is
debatable. The Rule does not expressly
require a Certification and the Rule
forbids the filing of a motion to dismiss.
HOWEVER, Sec. 5, Rule 7, RoC, which
is the general rule on all initiatory
pleadings may be used to justify the
need for such a certification.
The VERIFIED return and supporting affidavits,
which must be filed within 72 HOURS after
service of writ MUST include all of the following:
1. Lawful Defenses
2. Steps or Actions Taken by the Respondent
to Ensure the Security and Confidentiality of
the Data or Information
3. All Relevant Information in the Respondents
Possession
4. If the Respondent is a Public Official or
Employee, he must further state the actions
that have been or will still be taken to:
a. verify the identity of the aggrieved party
b. recover and preserve evidence
c. identify witnesses and obtain statements
from them
d. determine the cause, manner, location
and time of death or disappearance +
any pattern or practice
e. identify and apprehend the person/s
involved
f. bring the suspected offenders before a
competent court
The Rule provides for four INTERIM reliefs for
the petitioner, to wit: a temporary protection
order, an inspection order, production order and
witness protection order. On the other hand, two
INTERIM reliefs are provided for the respondent,
namely: an inspection order and a production
order.
The judgment must be rendered within 10 days
from the time the petition was submitted for
decision, while an appeal under Rule 45, RoC
on the basis of questions of fact and/or law must
be filed within 5 working days from notice of
adverse judgment.
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The following are PROHIBITED pleadings and
motions:
1. motion to dismiss
2. motion for extension of time to file return,
opposition, affidavit, position paper and
other pleadings
3. dilatory motion for postponement
4. motion for a bill of particulars
5. counterclaim or cross-claim
6. third-party complaint
7. reply
8. motion to declare respondent in default
9. intervention
10. memorandum
11. MR of interlocutory orders or interim relief
orders
12. petition for CMP against any interlocutory
order
Standard Form of a Petition for the Issuance of a Writ of Amparo:
[CAPTION AND TITLE]
(COURT)
(Location)
Name of Aggrieved Party or Relator,
Petitioner,
(Case No. _____________)
- versus -
Name of Public Official/Employee
Or 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 Details
1.4. Other Relevant Details
2. Respondent/s is/are . . .
2.1. Personal/Professional Circumstances Relevant
[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 witnesses
3.3. 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 Order
b. Inspection Order
c. Production Order
d. 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/es
2. Statement as to:
2.1. lawful defenses to show that respondent/s did not violate or threaten with violation the rights subject of the
Petition;
2.2. the steps or actions taken to determine the fate or whereabouts of the AP and the persons responsible for
the threat, act or omission
2.3. all relevant information in the possession of the respondent pertaining to the threat, act or omission against
the 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]
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B. Writ of Habeas Data
Under A.M. No. 08-01-16-SC, the Rule on the
Writ of Habeas Data, anyone whose right to
PRIVACY in life, liberty or security is violated or
threatened by an unlawful act or omission of a
public official or employee, or of a private
individual or entity engaged in the gathering,
collecting or storing of data or information
regarding the person, family, home and
correspondence of the aggrieved party, can file
a petition for the issuance of a writ of habeas
data. BUT, this remedy is NOT AVAILABLE for
violations or threatened violations of the right to
property per se, except where the right to
property is connected to the right to liberty such
that the latter right cannot be vindicated without
addressing the threat to or violation of the right
to property.
The petition can be filed by the aggrieved
party.BUT, in cases of extralegal killings and
enforced disappearances: a member of his
immediate family (i.e., spouse, children &
parents), or an ascendant, descendant or
collateral relative within the 4
th
civil degree of
consanguinity or affinity can file the petition.
The petition may be filed with any of the
following courts, and the writ is enforceable
anwhere in Philippines.
a. RTC of place where the
petitioner/respondent resides OR that which
has jurisdiction over the place where the
data/information is gathered/collected/stored
at the petitioners option
AND when the action concerns public data
files of government offices:
b. Sandiganbayan or Court of Appeals or any
justice there
c. Supreme Court or any justice there
The petition MUST include all of the following:
1. Personal Circumstances of the Petitioner
and the Respondent
2. Manner the Right of Privacy is Violated or
Threatened and HOW it Affects the Right to
Life, Liberty or Security of the Aggrieved
Party
3. Actions and Recourses Taken by the
Petitioner to Secure Data/Info
4. Location of the Files, Registers or
Databases, the Government Office, and the
Person in Charge/Possession/Control of
Data/Info, if known
5. Reliefs Prayed For
The Court may order, by way of final
relief that the act be enjoined or the data
or information deleted, destroyed or
rectified. The Court may also order that
all other relevant reliefs be granted.
* In case of threats, the relief may include
INJUNCTION.
6. Other Relevant Reliefs as are Just and
Equitable
*7. Certification against Forum Shopping
WON this certification is necessary is
debatable. The Rule does not expressly
require a Certification and the Rule
forbids the filing of a motion to dismiss.
HOWEVER, Sec. 5, Rule 7, RoC, which
is the general rule on all initiatory
pleadings may be used to justify the
need for such a certification.
Since only indigents are exempted from paying
docket fees and other lawful fees, they must
submit their proof of indigency within 15 DAYS
from the filing of the petition.
The VERIFIED return, which must be filed within
5 WORKING DAYS after service of writ (subject
to 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 of
media and others
2. In Case of Respondent in
Charge/Possession/Control of Data/Info:
a. disclosure of data/info about petitioner,
nature of such data/info and purpose for
its collection
b. steps or actions taken by the
respondent to ensure the security and
confidentiality of the data or information
c. currency and accuracy of the data or
information held
3. Other Allegations Relevant to Resolution
The PROHIBITED pleadings and motions are
the SAME as in the writ of amparo, to wit:
1. motion to dismiss
2. motion for extension of time to file return,
opposition, affidavit, position paper and
other pleadings
3. dilatory motion for postponement
4. motion for a bill of particulars
5. counterclaim or cross-claim
6. third-party complaint
7. reply
8. motion to declare respondent in default
9. intervention
10. memorandum
11. MR of interlocutory orders or interim relief
orders
12. 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]
(COURT)
(Location)
Name of Aggrieved Party or Relator,
Petitioner,
(Case No. _____________)
- versus -
Name of Public Official/Employee
Or 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)
2. Respondent/s is/are . . .
2.1. Personal/Professional Circumstances Relevant
[BODY]
3. Statement of Facts
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 witnesses
3.3. 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]
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Standard Form of a Return:
[CAPTION AND TITLE]
[PARTIES]
[BODY]
1. Supporting Affidavits of respondents and their witness/es
2. Statement as to:
2.1. Lawful defenses to show that respondent/s did not violate or threaten with violation the rights subject of the
Petition;
2.2. Disclosure of the data or information about the petitioner, the nature of such data or information and the
purpose for its collection;
2.3. The steps or actions taken by the respondent/s to ensure the security and confidentiality of the data or
information; 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]
* Most of these forms are based on Prof.
Theodore Tes Legal Forms v2009, while the
others 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 beginning
ABNEGATE - to refuse or deny oneself (rights,
claims, conveniences, etc.); reject; give up
ADDLEBRAINED - foolish; silly; having or
revealing a muddled or confused mind; stupid
AD HOMINEM - appealing to one's prejudices,
emotions or special interest rather than to
intellect or reason, as by attacking one's
opponent rather than debating the issue.
ADVENTITIOUS - added extrinsically; not
essentially inherent; out of the proper place or
usual place.
A FORTIORI - with stronger reason
AGRESTIC - rural; crude; uncouth
AIDE-MEMOIRE - a memorandum of a discussion;
proposed agreement
ALEATORY - depending or pertaining to chance,
luck or contingency; unpredictable
ALEXIPHARMAC - an antidote
AMICUS 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 or
character; unorganized; vague.
ANACHRONISM - the representation of something
as existing or occurring at other than its proper
time, esp. earlier; anything that is or seems to
be out of its proper time in history
ANCHORITE - a person who lives alone and apart
from society for religious meditation; hermit;
recluse
ANDROGYNOUS - exhibiting both male and
female characteristics, esp. sexual ones;
hermaphroditic
ANIMADVERT - to observe, censure; to comment
or act upon something with disapproval;
criticize adversely
ANTEBELLUM - before the war
ANTIPODE - anything diametrically opposed; exact
opposite
ANTITHESIS - opposition; contrast; the direct
opposite
APHORISM - a terse, pithy expression embodying
a wise or clever observation or a general truth;
maxim; adage
APOCALYPTIC - prophesying total destruction or
great disasters; affording a revelation or
prophesy; pertaining to the Apocalypse
APOCRYPHAL - of doubtful sanction, authorship
or authority; uncanonical; false; spurious;
counterfeit
APOGEE - the farthest or highest point
A POSTERIORI - from the effect to the cause;
reasoning sequence opposed to a priori
A PRIORI - reasoning sequence from cause to
effect
ARGUMENTUM AD ADSURDUM - an argument
proving the absurdity of an opponent's
argument
ARGUMENTUM AD HOMINEM - an argument to
the individual man, i.e., to his interests and
prejudices
ATHWART - across; against; opposed
ATRABILIOUS - sad; melancholy; morose;
gloomy; irritable; bad-tempered
ATTORNEY AD HOC
A person named appointed by the court to
defend an absentee defendant in the suit in
which the appointment is made.
ATTORNEY-AT-LAW
That class of persons who are licensed officers
of the courts empowered to appear, prosecute
and defend, and upon whom peculiar duties,
responsibilities and liabilities are developed by
law as a consequence.
ATTORNEY IN FACT
An agent whose authority is strictly limited by
the instrument appointing him. His authority is
provided in a special power of attorney or
general power of attorney or letter of attorney.
He is not necessarily a lawyer.
ATTORNEY OF RECORD
The attorney whose name is entered in the
records of an action or suit as the lawyer of a
designated party thereto. (1999 BAR EXAMS)
AUTARKY - national economic self-sufficiency; a
national policy of economic independence,
esp. of getting along without imports
AUTODIDACT - a person who is self-taught
AVANT GARDE - the advance group, the leaders,
or the radical in any field, esp. in the visual,
literary or musical arts, whose works are
characterized by unorthodox and experimental
methods; vanguard
BAGATELLE - something of little value; an
unimportant trifle; a short, light piece of music
BAR AND BENCH
Bar refers to the whole body of attorneys and
counselors collectively, the members of the
legal profession.
Bench denotes the whole body of judges.
BARRATRY
Offense of frequently inciting and stirring up
quarrels and suits. The lawyers acts of
fomenting suits among individuals and offering
legal services to one of them. (1993 BAR
EXAMS)
BEAU COUP - very much; very many
BEAU GESTE - a fine or beautiful gesture; an act
or offer that seems fine, noble but is empty
BEAU MONDE - fashionable society; elegant world
BELLWETHER - a leader of a movement or
activity
BETE NOIRE - something or someone that a
person particularly dislikes, fears, avoids,
dreads or loathes
BILLINGSGATE - coarsely or vulgarly abusive
language
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BLANDISHMENT - speech or action that flatter
and tends to coax, entice or persuade;
allurement
BLOVIATE - to orate verbosely and windily
BONHOME - good nature; pleasant and easy
manner
BON VIVANT - a person who lives luxuriously and
enjoys good food and drink; an epicure
BRAVURA - a display of daring; brilliant
performance; dash
BRIO - animation; vivacity; zest
BUMPTIOUS - offensively assertive; disagreeably
or excessively conceited, arrogant or forward
CACHINNATE - to laugh loudly, immoderately or
excessively
CADGE - to obtain by imposing on another's
generosity or friendship; to borrow without
intent to repay
CARTE BLANCHE - full power or authorization
CAVEAT EMPTOR - let the buyer beware
CAVIL - a trivial, annoying and pointless objection;
quibble; the raising of trivial questions
CHIMERA - a horrible or unreal creature of the
imagination; a vain, impossible or idle fancy
CHUTZPAH - unmitigated effrontery or impudence;
shameless audacity; insolence
CLAUDICANT - lame; having a limp
CLERISY - learned persons as a class; literati;
intelligentsia; educated people as a class
CLOY - to weary by an excess of something, as of
food; sweetness, richness or pleasure; surfeit;
satiate; to become uninteresting or distasteful
through overabundance
COGITATE - to think deeply or intently; to ponder;
to meditate
COGNOSCENTI - those who are well-informed or
have superior knowledge and understanding of
a certain field, esp. of fine arts, literature or the
world of fashion
COLLOCATE - to arrange or place together, esp.
side by side; to arrange in proper order
COMMINATE - to threaten with divine vengeance
COMPOS MENTIS - of sound mind
CONCATENATION - a series of links united; a
series or order of things depending on each
other as if linked together; a chain; succession
CONDIGN - suitable to the fault or crime;
deserved; adequate
CONTRETEMPS - an inopportune or unfortunate
occurrence; an embarrassing mischance;
awkward mishap
CONUNDRUM - a riddle whose answer involves a
pun; any puzzling question or problem
COUP DE GRACE - a death blow, esp. one
delivered mercifully to end suffering by a
mortally wounded person; any finishing or
decisive stroke
CUMSHOW - a present, gratuity or tip
DEBOUCH - to come forth; emerge
DECLASSE - reduced to or having low status
DEFENESTRATION - the act of throwing a person
or thing out of a window; a tossing out through
a window
DEMIMONDE - a class of women who have lost
social standing because of indiscreet behavior
or 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 from
rocks, debris
DIKTAT - a harsh settlement unilaterally imposed
on a defeated party; an authoritative decree or
order
EBULLIENT - overflowing with enthusiasm or
excitement
EFFULGENCE - the state of being bright or
radiant; brilliance
ESURIENT - hungry; voracious; greedy
EXIGUOUS - extremely scanty; meager
EX PARTE - from one side only; other party is not
around or absent
EX TEMPORE - without preparation; impromptu
FAIT ACCOMPLI - a thing already done
FALSUS IN UNO, FALSUS IN OMNIBUS - false in
one thing, false in everything. Legally, the
entire testimony of a witness may be
disregarded if some part of it is found to be
false.
FARRAGO - a confused mixture; an assortment; a
medley
FAUX PAS - a false step; a social blunder
FRIABLE - easily crumbled; pulverized or reduced
to powder
FURBELOW - something showy or superfluous
GAUCHERIE - lack of social grace; tactlessness
GLABRIOUS - smooth; bald; without hair
GRACILE - gracefully slender; thin
GRANDILOQUENT - speaking or expressed in a
lofty highfalluting, pompous or bombastic style
GRAVAMEN - the essential part of an accusation
or that which weighs most heavily or adversely
against the accused
GRAVID - in the family way or pregnant
HABEAS CORPUS - a legal order directing
somebody with custody of a person to bring
the party in court
HALCYON - peaceful; calm; tranquil
HOLOGRAPHIC - wholly written by the person in
whose name it appears, applies particularly to
wills and testaments
HOUSE COUNSEL (or IN-HOUSE COUNSEL)
One who acts as attorney for business though
carried as an employee of that business and
not as an independent lawyer
IN ARTICULO MORTIS (IN EXTREMIS) - at the
point of death
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INCHOATE - in the early stages; not yet
completely or clearly formed or organized;
incipient
INCULPATE - to charge with fault; blame, accuse
or involve in a charge
INEFFABLE - incapable of being expressed in
words; unspeakable; indescribable
INELUCTABLE - impossible to avoid or evade;
inevitable
IN LOCO PARENTIS - in the place of a parent
IPSO FACTO - by the fact itself; by the nature of
the case
JINGO - a person who professes patriotism loudly
or excessively
KVETCH - to complain; to whine
LAMBENT - playing lightly on or over a surface;
flickering as a lambent flame
LEGERDEMAIN - sleight of hand
LOGORRHEA - excessive talkativeness or
wordiness
MODUS VIVENDI - mode of living
MOIETY - one of equal parts; an indefinite part
NE PLUS ULTRA - the highest point or
culmination; the highest point of perfection
NIHILISM - total rejection of established laws and
institutions; extreme skepticism
NOBLESSE OBLIGE - the moral obligation of the
rich to display honorable or charitable conduct
NON COMPOS MENTIS - not of sound mind
NON SEQUITUR - conclusion that does not follow
logically from the premises; a remark having
no bearing on what has just been said
NUGATORY - of no real value; of no force or
effect; ineffective
OBITER DICTUM - in court decisions, a statement
made by way of opinion
ONUS PROBANDI - the burden of proof
OXYMORON - a figure of speech in which opposite
or contradictory ideas or terms are combined,
such as open secret, cruel kindness, deafening
silence
POLEMIC - a person inclined to engage in
argument or disputation
PROLIX - unnecessarily long; tending to speak or
write excessive length
PRO SE
An appearance by a lawyer in his own behalf.
(1995 BAR EXAMS)
PUTATIVE - to suppose; consider; reputed;
generally considered or deemed such
QUANTUM MERUIT, Doctrine of
A device to prevent undue enrichment based
on the equitable postulate that it is unjust for a
person 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; drawing
closer; reconciliation
RATIOCINATION - the process of reasoning
RECHERCHE - sought out with care; choice; too
refined; too studied
RES IPSA LOQUITUR, Doctrine of
Literally, the thing speaks for itself. This
principle or doctrine applies to both judges and
lawyers. Judges had been dismissed from the
service without the need for a formal
investigation because based on the records,
the gross misconduct or inefficiency of the
judges clearly appears. (Uy vs. Mercado, 154
SCRA 567)
SERIATIM - in a series; one after another
SUB JUDICE - under consideration by the court;
pending judgement
SYBARITE - a person devoted to luxury and
pleasure
TEMERARIOUS - recklessly or presumptuously
daring
UMBRAGE - offense; resentment; annoyance or
displeasure
USUFRUCT - the right to use or benefit from
something which belongs to another, short of
destroying or harming it; the use, enjoyment or
profitable possession of something
UXURIOUS - doting upon, irrationally fond of or
affectionately over abusive toward one's wife
VERISIMILITUDE - the appearance or semblance
of truth or fact; probability; something having
merely the appearance of truth
VOLTE FACE - the act of turning so as to face in
the opposite direction; a complete change of
attitude or opinion
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LEGAL ETHICS AND FORMS REVIEWER TABLE OF CONTENTS

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