P L e A D I N G S (Civil)

P L E A D I N G S
(C I V I L)

1. ENTRY OF APPEARANCE AS COUNSEL
2. WITHDRAWAL OF COUNSEL WITH SUBSTITUTION
3. PETITION FOR CONTRACT RESCISSION WITH DAMAGES
4. PETITION FOR JUDICIAL PARTITION
5. COMPLAINT FOR COLLECTION OF SUM OF MONEY
6. COMPLAINT FOR ANNULMENT OF DOCUMENTS
7. COMPLAINT FOR RECONVEYANCE OF PROPERTY
8. PETITION FOR LEGAL SEPARATION
9. PETITION FOR NULLITY OF MARRIAGE
10. PETITION FOR ACKNOWLEDGEMENT OF FOREIGN DECREE OF DIVORCE

1. ENTRY OF APPEARANCE AS COUNSEL

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
BRANCH 8, BAGUIO CITY

JASON M. CELIS,
Plaintiff. CIVIL CASE NO. 719
-versus- For: Unlawful Detainer

STEFANIE C. HAIGHT,
Defendant.
x-----------------------------------x

APPEARANCE AS COUNSEL

The Clerk of Court

Sir:
Please enter the appearance of the undersigned as counsel for the defendant in
the above entitled case for all legal purposes.

City of Baguio, this 20
th
day of January, 2014.

___________________________
Counsel for the Defendant

Copy Furnished (by personal service):

Counsel for the Plaintiff

Explanation (if by mail)

2. WITHDRAWAL OF COUNSEL WITH SUBSTITUTION


KYLE T. DUMO,
-versus- For: Unlawful Detainer

LEX M. BOTENGAN,
Defendant.
x-----------------------------------x

WITHDRAWAL OF COUNSEL WITH SUBSTITUTION

The Clerk of Court

COMES NOW, Attorney ____________, counsel of record for the
defendant and to this Honorable Court respectfully moves to withdraw as counsel of
said defendant with the express consent of said defendant as shown in this motion;

That in the substitution thereof, Attorney ____________, whose services
have been engaged by defendant hereby enters her appearance as counsel for the
defendant;

That upon approval of this Honorable Court, all pleadings, notices and papers
in connection with this case be addressed to new counsel Atty. _______ with
address at No. 19, Puso ng Baguio Bldng., Session Rd., Baguio City.

th

OLD COUNSEL: NEW COUNSEL:

With my consent:

(Defendant)


(Counsel for the Plaintiff)

3. PETITION FOR CONTRACT RESCISSION WITH DAMAGES


JASON M. CELIS,
Petitioner. CIVIL CASE NO. 719
-versus- For: Rescission with Damages

DENNIS KEVIN T. DELA CRUZ,
Respondent.
x-----------------------------------x

PETITION FOR CONTRACT RESCISSION WITH DAMAGES

The Clerk of Court

PLAINTIFF, through the undersigned counsel, unto this Honorable Court,
respectfully states:

1. Plaintiff is a Filipino, of legal age, married to STEFANIE H. CELIS, and a
resident of No. 24, New Lucban, Baguio City; while defendant is likewise a Filipino, of
legal age, married to CHRISTINE V. DE LA CRUZ and a resident of No. 27
Brentwood Village, Baguio City, where he may be served with summons and other
court processes;

2. Plaintiff is engaged in the trading of rice, sugar and other merchandise
while defendant is the owner of a rice mill and is also engaged in the wholesale of
different varieties of rice.

3. On July 19, 2013, plaintiff entered into an agreement with the defendant for
the purchase of one thousand (1,000) cavans of Sinandomeng rice at the rate of One
Thousand Five Hundred Pesos (P1,500.00) each.

4. Under the agreement, plaintiff shall pay a down payment equivalent to fifty
percent (50%) of the total purchase price and the balance to be paid when he picks up
the merchandise from defendants rice mill on August 30, 2013.

5. Pursuant to their agreement, plaintiff paid to defendant the amount of Five
Hundred Thousand Pesos (P500, 000.00) representing the fifty percent (50%) down
payment.

6. On August 30, 2013, plaintiff went to the defendants rice mill to pick up the
one thousand (1,000) cavans of Sinandomeng rice and to pay the balance of P500,
000.00.

7. Defendant, however, informed the plaintiff that he cannot deliver to the
plaintiff the entire one thousand (1,000) cavans of Sinandomeng rice and that all he
has in his rice mill was only one hundred (100) cavans. Defendant instead offered a
different variety of rice but of lower quality. Plaintiff refused and insisted on the
refund of the P500, 000.000 down payments he paid to the defendant.

8. Defendant, however, refused to return the amount paid by the plaintiff.

9. Plaintiff demanded for the return of the amount he paid to the defendant
and for the rescission of their earlier agreement but his demand fell and deaf ears. A
copy of plaintiffs demand letter is hereto attached as Annex C and made an integral
part hereof.

10. Defendant is evidently guilty of bad faith in refusing to return the amount
paid by the plaintiff without even giving any valid or justifiable reason, which caused
the latter mental anguish, serious anxiety, moral shock and other similar injury, for
which the defendant should be held liable to pay P150, 000.00 as moral damages.

11. By way of example or correction for the public good, and to deter other
like-minded individuals from trampling upon the rights of others, defendant should
likewise be held liable to pay P150, 000.00 as nominal damages.

12. As a result of defendants wanton refusal to return the amount paid by the
plaintiff and to rescind their earlier agreement, plaintiff was compelled to litigate and
for the purpose, have to engage the services of the undersigned law firm for a fee of
P100, 000.00.

13. Defendant should likewise be held liable for interest at the legal rate,
litigation expenses and costs of suit.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that judgment be
rendered in favor of the plaintiff and against the defendant, as follows:

1. Ordering the rescission of the agreement dated July 19, 2013;

2. Ordering the return of the amount of P500, 000.00 to the plaintiff, plus
interest thereon at the legal date from date until full payment thereof;
3. Ordering the defendant to pay the plaintiff the following sums:
a. P150, 000.00 as and for moral damages;
b. P150, 000.00 as and for exemplary damages;
c. P100, 000.00 as and for attorneys fees;
d. Litigation expenses; and
e. Costs of suit.

Plaintiff prays for such relief as may be just and equitable in the premises.

th


(Verification and Certification of Non-forum Shopping)


Counsel for the Respondent

4. PETITION FOR JUDICIAL PARTITION


TAMMY LEE B. PILUDEN,
-versus- For: Judicial Partition

MARY MAY B. PILUDEN,
Respondent.
x-----------------------------------x

PETITION FOR JUDICIAL PARTITION

COMES NOW, petitioner, by the undersigned counsel and unto this Honorable
Court, respectfully states that:

1. Petitioner is a Filipino citizen, of legal age, single, and resident of No. 15
Guisad Road, Baguio City where she may be served with summons and other court
processes;

2. Respondent MARY MAY B. PILUDEN is a Filipino citizen, of legal age, and
resident of No. 23 Pinsao Proper, Baguio City where she may be served with
summons and other court processes;

3. Petitioner and respondents are the legitimate children and sole heirs of their
deceased father TIMMY J. PILUDEN who died intestate on October 19, 2013, as
evidenced by his death certificate herein attached as ANNEX 1;
4. Deceased left intestate estate consisting of:

a. One (1) parcel of land located at Pinsao Proper, Baguio City, covering
750 square meters, more particularly described by Transfer Certificate of Title
No. 9238 herein attached as ANNEX 2, and

b. Two (2) parcel of lands located at Brentwood Subdivision, Baguio
City, covering a total of 1,500 sq. m. and more particularly described in
Transfer Certificate of Title No. 3333-B herein attached as ANNEX 3;

5. Deceased left no indebtedness or obligations chargeable against his intestate
estate;

6. Petitioner and respondents, however, failed to agree on project partition of
said parcel of land, leading petitioner to institute this ordinary action for partition
pursuant to SECTION 1, RULE 74 of the RULES OF COURT and thereby committing
him to pay TWENTY THOUSAND PESOS (20,000.00 PHP) for legal services.

PRAYER

WHEREFORE, petitioner respectfully prays that judgment be rendered in his
favor:

1. ORDERING the partition and segregation of ONE-HALF (1/2) portion
belonging to petitioner of the parcel of land described in paragraph 4[a] hereof;

2. ORDERING the partition and segregation of the ONE-HALF (1/2) portion
belonging to petitioner of the two (2) parcels of land described in paragraph 4[b]
hereof;

3. ORDERING respondents to pay petitioner TWENTY THOUSAND PESOS
(20,000.00 PhP) as Attorneys Fees; and
4. ORDERING such other reliefs as this court may deem just and equitable
under the circumstances.

th





5. COMPLAINT FOR COLLECTION OF SUM OF MONEY


PAULA G. ALUNDAY,
-versus- For: Collection for Sum of Money

VENUS T. TOLENTINO,
Defendant.
x-----------------------------------x

COMPLAINT FOR COLLECTION OF SUM OF MONEY

Plaintiff, through the undersigned counsel and unto this Honorable Court,
most respectfully alleges that:

1. Plaintiff is a Filipino, single, of legal age, and a resident of No. 8 Lower
Pinget, Baguio city; while defendant is likewise a Filipino, of legal age, single, and a
resident of No. 25 Upper Pinget, Baguio City, where she may be served with

2. On January 25, 2012, defendant borrowed from the plaintiff the amount of
Two Hundred Thousand Pesos (200,000.00 PhP), subject to interest at the rate of
three percent (3 %) per month payable on January 25, 2013.

3. Defendant failed to pay the said loan and the interests thereon on the due
date thereof, and continues to fail to pay the same until the present, despite demands
of the plaintiff;

4. Due to the defendants unjustified failure to comply with the plaintiffs just
and valid claim, plaintiff was compelled to initiate this action and to retain the
services of the undersigned counsel, and to incur expenses in the amount of Twenty
Thousand Pesos (20,000.00 PhP) as and by way of attorneys fees.

PRAYER

WHEREFORE, it is respectfully prayed that, after due hearing, judgment be
rendered ordering the defendant to pay the plaintiff the amount of Two Hundred
Thousand Pesos (200,000.00 PhP)with interest thereon at the rate of three percent
(3%) per month from January 25, 2013 until fully paid, plus the amount of Twenty
Thousand Pesos (20,000.00 PhP) as and by way of attorneys fees.
Plaintiff prays for such further and other relief as may be just and equitable
under the premises.

th
day of January 2014.





6. COMPLAINT FOR ANNULMENT OF DOCUMENTS


KRISTEL NOLLE M. MARIANO,
Plaintiff, CIVIL CASE NO. 719
-versus- For: Annulment of Documents

KATHERINE J. MADINO,
Defendant.
x-----------------------------------x

COMPLAINT FOR ANNULMENT OF DOCUMENTS

COMES NOW, plaintiff, by counsel and unto this Honorable Court,
respectfully states that:

1. Plaintiff is a Filipino, of legal age, single, and a resident of No. 14 Central
Fairview, Baguio City where she may be served with summons and other processes,
while defendant is also a Filipino, of legal age, single, a friend of plaintiff, and a
resident of No. 16 Ambiong, Baguio City where he may be served with summons and
other processes;

2. Plaintiff owns a MOTOR VEHICLE, hereinafter referred to as personalty,
which is described as follows:

ONE (1) UNIT MOTOR VEHICLE
Make: Isuzu 2013 Model
Plate Number: UV AFB 143
MV File Number: 4305-10999
Motor Number: 886668
Serial/ Chassis Number: VCM 6565 432
Official Receipt Number: 12334789
Certificate of Registration Number: 93334060

3. Petitioner and defendant agreed to enter into a contract of sale wherein the
former shall sell the personalty to the latter in exchange for money. However, as no
amount was ever agreed upon by them, the contract was never made;

4. On August 19, 2013, defendant borrowed the personalty for business
purposes and petitioner, a good friend as he was, lent said personalty to the former
on condition that the personalty be returned ten (10) days thereafter;

5. However, on the date of the supposed delivery, defendant refused to deliver
said personalty and claimed that he bought the same from petitioner. Defendant,
through fraud, showed petitioner their purported DEED OF ABSOLUTE SALE dated
August 19, 2013, herein attached as ANNEX 1, in which said personalty was allegedly
sold for and in consideration of FIVE HUNDRED THOUSAND PESOS (500,000.00
PhP) and which contained the forged signature of the latter;

6. The events led petitioner to obtain legal services of a counsel and to institute
the instant complaint for annulment of the abovementioned document, thereby
committing him TWENTY THOUSAND PESOS (20,000.00 PhP) as Attorneys Fees;
and

7. This action is commenced within Four (4) years from the time of discovery
of defendants fraud pursuant to ARTICLE 1391 of the CIVIL CODE OF THE
PHILIPPINES.

PRAYER

WHEREFORE, plaintiff most respectfully prays this Honorable Court to
render judgment in his favor:

1. ANNULLING the Deed of Absolute Sale dated August 19, 2013;

2. ORDERING restitution of the possession of the personalty described in
paragraph 2 hereof to plaintiff;

3. ORDERING defendant to pay plaintiff TWENTY THOUSAND PESOS
(20,000.00 PhP) as Attorneys Fees;

4. ORDERING other just and equitable reliefs as it may deem proper.
th





7. COMPLAINT FOR RECONVEYANCE OF PROPERTY


ALLAN COLT W. LAGASCA,
Plaintiff, CIVIL CASE NO. 719
-versus- For: Reconveyance of Property

DARYL KARCH W. LAGASCA,
Defendant.
x-----------------------------------x

COMPLAINT FOR RECONVEYANCE OF PROPERTY

COMES NOW, plaintiff, by the undersigned counsel and unto this Honorable
Court, respectfully states that:

1. Plaintiff is a Filipino, of legal age, single, and a resident of No. 19, Middle
Pinget, Baguio City where he may be served with summons and other court processes,
while defendant is a Filipino, of legal age, married to JOY D. LAGASCA, and a
resident of No. 8 Ferguson Road, Guisad, Baguio City where he may be served with

2. Plaintiff and defendant are brothers and two of the children of BRENT W.
LAGASCA, hereinafter referred to as the deceased, who died on July 19, 2011 and left
a parcel covering 450 square meters of land at No. 14 Dizon Subdivision, Baguio City
described in TCT No. 1029-B herein attached as ANNEX A;

3. Right after the burial of deceased, defendant requested from plaintiff and
their other sibling DAVID W. LAGASCA that he be allowed to take possession and
receive income generated by the subject property until after her eldest son could
graduate from college, to which request the sisters acceded;

4. After his eldest son, KYENOAH T. LAGASCA, graduated college, defendant
was asked by plaintiff and their other sibling to return the subject property so they
could partition the same among themselves. Defendant, however, refused to
relinquish possession of said property to the prejudice of her other sisters;

5. Due to defendants refusal to return possession of the subject property,
plaintiff was forced to institute the foregoing action, committing her to pay TWENTY
THOUSAND PESOS (20,000.00 PhP) as consideration for legal services rendered by
counsel.

PRAYER

WHEREFORE, plaintiff most respectfully prays this Honorable Court to render
judgment in her favor:

1. ORDERING restitution of the possession of the parcel of land described in
paragraph 2 hereof to plaintiff,

2. ORDERING defendant to pay plaintiff TWENTY THOUSAND PESOS
(20,000.00 PhP) as Attorneys Fees; and

th





8. PETITION FOR LEGAL SEPARATION


CHERRY M. FOCASAN,
Petitioner, CIVIL CASE NO. 719
-versus- For: Legal Separation

DERICK KURT T. FOCASAN,
Respondent.
x-----------------------------------x

PETITION FOR LEGAL SEPARATION

PETITIONER, by counsel and to this Honorable Court, alleges:

1. Petitioner is of legal age and with residence at No. 1 Aurora Hill, Baguio City,
while respondent is also of legal age and has his address at No. 1 Aurora Hill, Baguio
City, where he may be served with summons and other legal processes.

2. Petitioner and respondent are husband and wife, who were married on
October 10, 2010 at the Baguio Cathedral, Baguio City.

3. After three (3) years of marriage, petitioner begot 2 children from his
respondent husband, named SYLVETTE and JESSICA, and through their joint efforts
the petitioner and respondent were able to acquire two parcels of land located in
Quezon City, one of which is where petitioner lives with her two children.

4. Respondent showed acts of marital irresponsibility after one year of their
married. He became alcoholic and frequently quarreled with petitioner, to the extent
of inflicting physical violence, for no apparent reason so much so that petitioner
suffered many physical injuries.

5. Petitioner frequently would leave the conjugal home for days, and she
found out later that he was living with another woman in another place, and he
stopped giving support to petitioner and his two children. On or about October 7,
2013, he abandoned the conjugal home and lived permanently with his common-law
wife, without any justifiable reason with whom he begot a child named, Jose.

6. Respondent has a well-paying job as manager of MOOG Corporation where
he receives a monthly salary of P100,000.00, and is also engaged in selling real
estate, from which income he can well afford to support his two children with
petitioner.

PRAYER

WHEREFORE, after due hearing, judgment be rendered declaring a decree of
legal separation between petitioner and respondent, ordering the liquidation of the
conjugal property, and requiring respondent to give support to petitioner and her two
children until they reached majority age or until they finished their college education,
in such amount as the Honorable Court may reasonably fix.

Petitioner further prays for such relief as are provided in law and as may be
just and equitable in the premises.

th





9. PETITION FOR NULLITY OF MARRIAGE


JANETH D. CHAN,
-versus- For: Nullity of Marriage
HANSEL M. CHAN,
Respondent.

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

PETITION FOR NULLITY OF MARRIAGE

PETITIONER, by counsel and to this Honorable Court, alleges:
1. Petitioner is of legal age and with residence at No. 7 Ambiong, Baguio City,
while the respondent, is also of legal age and at present is residing at No. 18, Camp 7,
Baguio City.

2. On February 14, 2010, petitioner and respondent got married at the Baguio
Cathedral.

3. They lived at No. 7 Ambiong, Baguio City and petitioner noticed that he
gave so many excuses why he would not have sex with her. For about one year since
their marriage, he never had any sex with her, which was the reason for many of their
quarrels. Such quarrels led him to frequently leave the conjugal home, and when he
would return at unholy hour of the night, he was drunk and would immediately go to
sleep.

4. Petitioner had been convincing her husband to go to a physician for
consultation and, if required, for treatment, but he refused. Petitioner instead went
to see and consult psychiatrist about the problems of her husband, and the doctor-
psychiatrist informed her that respondent was suffering from psychological
incapacity.

5. In the more than one year of their marriage, respondent did not have any
sex with her, nor would he even allow petitioner to touch his private parts, no to kiss
him, to such an extent that their lives became so unbearable that constrained her to
file the instant petition for declaration of nullity to void marriage on the ground of
psychological incapacity, pursuant to Article 36 of the Family Code.

6. It has been held that the prolonged refusal of a spouse to have sexual
intercourse with the other spouse is a sign of psychological incapacity.

PRAYER
WHEREFORE, petitioner prays that judgment be rendered, declaring
petitioners marriage to respondent as null and void, and for such other reliefs as may
be just and equitable in the premises.

th
.





10. PETITION FOR ACKNOWLEDGEMENT OF FOREIGN DECREE OF
DIVORCE


JENNIFER K. URBAN,
-versus- For: Acknowledgement of Foreign
Decree of Divorce
KEITH M. URBAN,
Respondent.
x-----------------------------------x

PETITION FOR ACKNOWLEDGEMENT OF FOREIGN DECREE OF
DIVORCE

COMES NOW, petitioner, by counsel and unto this Honorable Court,
respectfully states that:

1. Petitioner is a Canadian citizen, of legal age, and divorced to respondent
under the Canadian law. For purposes of this petition, she may be served with notices
and other pertinent processes through counsel at Unit 2B, 2nd Floor, Porta Vaga
Building, Session Rd., Baguio City;

2. Respondent is a Filipino citizen, of legal age, currently employed at Mount
Crest Hotel, and divorced to petitioner. He may be served with summons and other
pertinent processes at her postal address No. 45 Upper Quezon Hill, Baguio City;

3. Petitioner and respondent met in Canada and fell in love with each other.
They were married in Canada on May 3, 2010, as evidenced by their marriage
contract herein attached as ANNEX 1 and a photograph of the ceremony herein
attached as ANNEX 2, which was held valid within the jurisdiction of Philippines
pursuant to ARTICLE 26 of the FAMILY CODE;

4. Thereafter, respondent returned to the Philippines to watch over the
construction of their family home located in at Richwood Subdivision, Baguio City.
Five years after the marriage, when petitioner went to the Philippines to check on her
husband and their home, she discovered that her husband was having an affair with
another woman;

5. Hurt and disappointed, petitioner returned to Canada and filed a petition
for divorce which was granted by the Superior Court of Justice of Ontario, Canada on
October 19, 2013. A decree of divorce, herein attached as ANNEX 3, was issued and
subsequently became effective on December 20, 2014;

6. Three months after the divorce, petitioner moved on and met another
Filipino HARRY CONNICK, of legal age and a resident of No. 12 Cabinet Hill, Baguio
City;

7. Desiring now to remarry, petitioner instituted the instant proceedings for
the acknowledgement of the aforementioned foreign decree of divorce.

PRAYER

WHEREFORE, it is respectfully prayed that judgment be rendered by this Honorable
Court:

1. ACKNOWLEDGING the Decree of Divorce issued with finality by the
Superior Court of Justice in Ontario, Canada; and


th

____________________________________




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