Legal Forms 2009 by Theodore Te

ON WRITING, LEGALLY
(2009 Revision)
1
THEODORE O. TE
2
Intended for Exclusive Use of the University of the Philippines College of Law
Bar Examination Candidates for 200 in the Professional Enhancement Program!Bar
"eview 200
#ny other use$ without permission of the author$ is prohi%ited and all legal rights are
reserved&
1
These forms were first made in 1997 and distributed n 199 for use in the !"#$%& 'ar O(s for that )ear* its
was former+) tit+ed ,"+eadin-s. "etitions. /otions and Other $e-a+ and 0udi1ia+ 2orms3. 4t was +ast revised in
this form 2007* the 1ontents are a+so (ub+ished b) 5D6sia as ,"hi+i((ine $e-a+ and 0udi1ia+ 2orms3 and
1o()ri-ht is owned b) the 6uthor. 6++ ri-hts are reserved..
2
6ssistant "rofessor. !niversit) of the "hi+i((ines* 7i1e "resident for $e-a+ 6ffairs. !niversit) of the
"hi+i((ines* 2ormer Dire1tor. Offi1e of $e-a+ 6id* $+.'.. !.". (1990)* &ratefu+ a18now+ed-ement is -iven to
6tt). 2e+i9 /arie /. &uerrero. 0.D. !.". (200) for inva+uab+e assistan1e in re#formattin-. (roofreadin- and
u(datin- of +e-a+ referen1es.
TABLE OF CONTENTS
'a%le of Contents ii
(n )riting$ Legally v
I& C(**(+ ,("*-
#& Caption and 'itle .
B& Prayer .
C& /urat .
0& 1erification 2
E& Certification against ,orum -hopping 2
,& Com%ined 1erification and Certification against ,orum -hopping 2
2& Com%ined 1erification$ Certification against ,orum -hopping$ and
-tatement of *aterial 0ates 3
4& "e5uest for and +otice of 4earing 3
I& Proof of Personal -ervice 3
/& Proof of service %y registered mail 6with Explanation for failure to
serve personally7 8
9& Place$ date$ signature$ address$ "oll num%er$ IBP receipt num%er$
P'" num%er 8
L& #c:nowledgement ;
*& +otice of #ppeal ;
II& PLE#0I+2- #+0 ('4E" LE2#L 0(CU*E+'- I+ CI1IL P"(CE0U"E
#& Complaint 6and other initiatory pleadings7
.& Complaint for e<ectment with damages =
2& Complaint for sum of money >
3& Complaint for "eplevin ?
8& Complaint to set period of years for lease
B& #nswer with affirmative defenses and counterclaims
.& #nswer with compulsory counterclaim .0
2& #nswer with counterclaim and cross!claim .2
C& Pre!trial Brief .3
0& *otions
.& *otion to 0ismiss 6with "e5uest for and +otice of 4earing7 .;
2& *otion for leave of court to file pleading 6with explanation for
service %y registered mail7 .=
3& *otion for /udgment on the Pleadings .>
8& Ex parte motion to set for trial .?
;& *otion for postponement .
=& *otion for extension of time 20
>& *otion to declare defendant in default 2.
?& *otion to lift order in default 22
E& -pecial Civil #ctions
1. Certiorari (with Injunction and/or TRO) !rohi"ition and
#anda$u%
a& Certiorari 23
%& Prohi%ition 28
c& *andamus 2;
2& @uo warranto$ Interpleader$ @uieting of 'itle$ and 0eclaratory
"elief
a& Complaint in Interpleader 2=
ii
%& #ction to @uiet 6or "emove Cloud on7 'itle 2>
c& #ction for 0eclaratory "elief 2?
d& @uo )arranto 2
III& PLE#0I+2- #+0 ('4E" LE2#L ,("*- I+ C"I*I+#L P"(CE0U"E
#& Complaint!#ffidavit and Counter!#ffidavit
1. Complaint!#ffidavit 30
2. Counter!#ffidavit 3.
B& Information and Complaint
.& Information 6with Certificate of Preliminary Investigation or
In5uest7
a& Bigamy 33
%& 'heft 38
c& #ttempted "ape 3;
d& ,rustrated *urder 3=
C& *otions
.& *otion to @uash Information 3>
2& *otion to @uash -earch )arrant 3?
3& *otion to -uppress Evidence 3
8& *otion for Bail 80
0& #pplication for Bail 8.
I1& PLE#0I+2- #+0 ('4E" LE2#L 0(CU*E+'- C(**(+ '( CI1IL #+0
C"I*I+#L P"(CE0U"E
#& (ffer of Evidence and (ppositionAComment to (ffer
.& ,ormal (ffer of Evidence 82
2& CommentA(pposition to (ffer 83
B& 0emurrer to the Evidence
.& Criminal cases 88
2& Civil cases 8;
C& +otice of Lis Pendens 8=
0& #ppearance as Counsel 8>
E& )ithdrawal as Counsel
.& )ithdrawal with conformity of client 8?
2& )ithdrawal without conformity of client 8?
,& -u%stitution of Counsel 8
2& +otice of #ppeal 8
1& PLE#0I+2- #+0 LE2#L 0(CU*E+'- (+ 0(*E-'IC C#-E- #+0
-PECI#L P"(CEE0I+2-
#& Petition for 4a%eas Corpus ;0
B& Petition for #doption ;.
C& Petition for 0eclaration of +ullity of *arriage with #pplication for
Provisional (rders ;2
0& Petition for Pro%ate of 4olographic )ill ;8
1I& 0EE0-$ C(+'"#C'- #+0 ('4E" C("P("#'E LE2#L 0(CU*E+'-
#& -pecial Power of #ttorney ;;
B& 2eneral Power of #ttorney ;;
C& Contract of Lease ;=
0& 4olographic )ill ;>
iii
E& +otarial )ill ;>
,& #ttestation Clause for a +otarial )ill ;?
2& #c:nowledgement of a +otarial )ill ;?
4& 0onation Inter 1ivos ;
I& #c:nowledgment of +ominee -tatus with #ssignment of -hares =0
/& -ecretaryBs Certificate =.
9& Board "esolutions
.& #uthority to #ct =.
2& Increase in num%er of directors and necessary amendment to
the #rticles of Incorporation =.
L& 0eed of #ssignment =2
*& 0eed of -ale of "egistered Land 6unilateral7 =3
+& 0eed of -ale of Unregistered Land 6unilateral7 =8
(& 0eed of -ale with Pacto de "etro 6%ilateral7 =;
P& 0eed of "epurchase of land sold under Pacto de "etro ==
@& 0eed of -ale with *ortgage =>
"& 0acion en Pago 60eed of #ssignment of "eal Estate in payment
of de%t7 =?
-& Chattel *ortgage =
1II& #PPE#L- #+0 ('4E" "E-("'- '( #PPELL#'E C(U"'- I+ C"I*I+#L
#+0 CI1IL P"(CE0U"E
#& (rdinary #ppeals
.& in civil cases >0
a& from *'C 6in original <urisdiction7 to "'C 6in appellate
<urisdiction7 >0
%& from "'C 6in original <urisdiction7 to C# >0
2& in criminal cases
a& from *'C 6as trial court7 to "'C 6in appellate <urisdiction7 >0
%& from "'C 6as trial court7 to C# >0
c& from "'C 6as trial court7 to -C >0
B& Petitions for "eview
1. from "'C 6as appellate court7 or from 5uasi!<udicial agencies
to C# >.
2& from "'C 6on pure 5uestions of law7 or C# 6in appellate
<urisdiction7 to -C >.
1III& ,("*- "ELE1#+' '( '4E )"I'- (, #*P#"( #+0 4#BE#- 0#'#
#& #mparo
B& 4a%eas 0ata
iv
ON WRITING, LEGALLY
Therefore, its name was called Babel,
because there the Lord confused the
language of all the earth. Genesis, 11:9,
ESV
4f brevit) is the sou+ of wit. what now is to be1ome of +aw)ers (and +aw students) who
wou+d non1ha+ant+) write a 100#(a-e do1ument and dare 1a++ it a ,Brief3:
The traditiona+ notion of +e-a+ writin- is that it is a 1om(etition to (ut to-ether as
man) four to five#s)++ab+e words in a one#(ara-ra(h senten1e. The +an-ua-e of the +aw
m)stifies and with this 1omes the (ower of the +aw)er for the more obs1ure and obtuse
;
the
+an-ua-e. the -reater the need for a +aw)er.
Histor) has -iven us man) +an-ua-e handi1a(s and obsta1+es to 1+arit) and (re1ision.
Throu-hout four or five )ears of +aw s1hoo+. the +aw student. who eventua++) be1omes a
+aw)er. is trained to thin8 in ar1hai1 words and (hrases<+e-a+ese<whi1h a((ear to have -reat
+e-a+ si-nifi1an1e but are a1tua++) too im(re1ise to he+( an)one understand what is -oin- on.
6nd to add to the 'abe+ish situation. there are hundreds of words in a dead +an-ua-e<$atin<
that have +itt+e re+evan1e to the 1ontem(orar) wor+d.
There is a sea 1han-e. however. -oin- on in +e-a+ writin-. /ore and more. (+eaders
are as8ed to be 1+ear and 1on1ise. (re1ise not (edanti1. =h) waste five words when on+)
three wi++ do:
>
'ut 1han-e. as a+wa)s. is diffi1u+t and (ainfu+. ?et. it is an essentia+ res(onse
to toda)@s evo+vin- +e-a+ (rofession. 4ndeed. when the most 1ommon means now of
1ommuni1atin- is faster than sound %/%. with its own sub1u+ture and +in-o. there must be a
re#eAamination of the ar1hai1 and (edanti1 manner b) whi1h +e-a+ writin- (resents itse+f.
=hat this short introdu1tion to the a11om(an)in- handboo8 of Pleadings, Petitions,
Motions and Other Legal and Judicial Forms see8s to do is to (ut forth the need to write
1+ear+) and 1on1ise+). (re1ise+) but not (edanti1a++). =hat this 2orms boo8 see8s to do is to
assist the f+ed-+in-
B
and seasoned +e-a+ (+eader. drafter and advo1ate b) (resentin- in the
form the) are reCuired to a((ear. with words that are 1+ear and 1on1ise. (re1ise not (edanti1.
=hen a Dud-e@s attention s(an is short and his readin- ba18+o- is +on-. the need to
write 1on1ise+). 1+ear+). (re1ise+) and not (edanti1a++) be1omes abso+ute+) ur-ent.
=ritin- 1on1ise+) and not (edanti1a++). however. does not mean that the +e-a+ writer
ou-ht to 1ut 1orners when it 1omes to substan1e as we++ as form* the on+) thin- that that
-uarantees is a ba+efu+ stare and a rude dismissa+ from the Dud-e. Eot on+) must the writer
8now the ar-uments and the bases for his ar-uments. but she must a+so rea+i9e that these
ar-uments need to be (resented in a manner that is te1hni1a++) suffi1ient.
;
The use of the word is de+iberate and intended to be ironi1##to demonstrate the (oint.
>
/) favorite. and man) of m) students wi++ attest to this. is the abso+ute+) ar1hai1 Comes Now, the Plaintiff,
by the undersigned counsel, unto this onorable Court, res!ectfully states that" as (art of ever) (+eadin-. =h)
waste 1B words. when F wi++ do. thusG Plaintiff, by counsel, res!ectfully states that"# The +atter +oses none of
the +e-a+ -ravitas but +oses ever) bit of the ar1hai1 (retense that m)stifies the +aw and (er(etuates the notion that
+a)wers 8now what the) are doin- ea1h and ever) time.
B
4t was ori-ina++) intended as a bar eAamination -uide and as a tea1hin- too+ for eviden1e and (ro1edure
1+asses.
v
4t is ho(ed that the forms (resented here. with 1he18+ists
F
of +e-a+ reCuirements and
short annotations. wi++ (rovide the im(etus for dem)stif)in- +e-a+ writin- and +e-a+ draftin-.
These forms 1ome from a1tua+ forms used in the author@s (ra1ti1e. some from worth)
o((onents and sti++ some from traditiona+ form boo8s. with u(dates to fit the 1urrent state of
the Ru+es.
=hi+e this handboo8 was (rodu1ed. (rimari+). with bar eAaminees and the +aw intern
or +aw student in mind. it is ho(ed that it mi-ht (rove he+(fu+ as we++ when %e(tember ends
7
and +ife. as a +aw)er. be-ins in earnest.
Theodore O. Te
$
rd
Floor, %ue&on all '(outhwing),
*ni+ersity of the Phili!!ines, ,iliman, %ue&on City
F
618now+ed-ment is -iven to Atty. Alex M. Enriquez, ($+.'.. !". 1990) for the ori-ina+ tem(+ate of the
5he18+ists. whi1h have been u(dated to suit 1urrent (ra1ti1e.
7
The referen1e is to the son- b) &reen Da). an 6meri1an (un8 band. entit+ed ,-a.e Me *! -hen (e!tember
/nds3. whi1h has abso+ute+) nothin- to do with the bar or ta8in- the bar (as it refers to a death in the fami+))
eA1e(t the month referred to in the tit+e and the )earnin- eA(ressed to see the month end. 4t has. at some (oint
in time. a(t+) be1ome an unoffi1ia+ anthem of sorts for some bar eAaminees. /u1h more a(t (erha(s than ,My
-ay3 whi1h starts with. 0nd now the end is near#3
vi
I. CO##ON FOR#S
6. Ca&tion and Tit'e
"epu%lic of the Philippines
+ational Capital /udicial "egion
"E2I(+#L '"I#L C(U"'
Branch .$ *anila
CCCCCCCCCCCCCCCCCCCC$
Plaintiff$
!versus! Civil Case
+o&CCCCCCCCCCCCCCC
,or CCCCCCCCCCCCCCCCCCCCCCC
CCCCCCCCCCCCCCCCCCCCCC$
0efendant&
x ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! x
B. !ra(er
P"#DE"
)4E"E,("E it is respectfully prayed$ after notice and hearing$ that the defendant %e
ordered to pay the plaintiff the amount of (ne *illion Pesos 6Php&.$000$0007 for actual and
compensatory damages$ ,ifty 'housand Pesos 6Php&;0$0007 for moral damages$ ,ifty
'housand Pesos 6Php&;0$0007 for exemplary damages$ and ,ifty 'housand Pesos
6Php&;0$0007 for attorneyBs fees&
(ther <ust and e5uita%le reliefs are also prayed for&
5. )urat
-UB-C"IBE0 #+0 -)("+ '( %efore me in the City of CCCCCCCCCCCCCCC on this day of
CCCCCCCCCCCCCCCCC$ affiant exhi%iting %efore me his 2overnment Issued I0 no& CCCCCCCCCCCCCCC
issued on CCCCCCCCCCCCCCCCCC at CCCCCCCCCCCCCCCCCCCCC&
6-gd&7 +& (& '#"I(
+otary Pu%lic
Until CCCCCCCCCCCCCCCCCC
P'" +o& CCCCCCCCCCCCCCC
Issued at CCCCCCCCCCCCCC
(n CCCCCCCCCCCCCCCCCCC
0oc& +o&
Page +o&
Boo: +o&
-eries of 200>&
.
D. *eri+ication
1E"I,IC#'I(+
"epu%lic of the Philippines 7
City of CCCCCCCCCCCCCCC 7 s&s&
C&9& 4ilfiger$ after having %een duly sworn in accordance with law$ deposes and
states thatE
1. 4e is the plaintiff in the pleadingAdocument entitled 6pleadingAdocument %eing
verified7
2& 4e has caused its preparation
3& 4e has read it and the allegations therein are true and correct of his own
:nowledge or %ased on authentic records&
6-gd&7 C&9& 4IL,I2E"
!L,S- /urat
NOTE- Pleadings re5uired to %e verified
.& #ll pleadings under the "ules of -ummary Procedure
2& Complaints for
a& ,orci%le entry
%& Unlawful detainer
c& "eplevin
3& Complaints with application for in<unction or attachment
8& #nswer to complaint or counterclaim %ased on actiona%le documents
;& Petitions for
a& Certiorari
%& Prohi%ition
c& *andamus
d& 4a%eas Corpus
e& Change of +ame
E. Certi+ication a.ain%t Foru$ Sho&&in.
CE"'I,IC#'I(+ #2#I+-' ,("U* -4(PPI+2
C&9& 4ilfiger$ after having %een duly sworn in accordance with law deposes and states
thatE
.& 4e is the plaintiff in the case entitled 6title of the case7F
2& 4e certifies that he has not commenced any action or filed any claim involving
the same issues %efore any other court$ tri%unal or 5uasi!<udicial agencyF
3& 'o the %est of his :nowledge$ there is no such pending action or claimF
8& If he should learn that a similar action or claim has %een filed or is pending he
shall report such fact within five 6;7 days from the discovery to this 4onora%le
Court&
6-gd&7 C&9& 4IL,I2E"
!L,S- /urat
2. Co$"ined *eri+ication and Certi+ication a.ain%t Foru$ Sho&&in.
1E"I,IC#'I(+ G CE"'I,IC#'I(+ #2#I+-' ,("U* -4(PPI+2
I$ C&9& 4ilfiger$ of legal age$ do here%y state thatE I am the Chief Executive (ffice of
#lis 0i!yan Company and in such capacity$ caused this Complaint to %e preparedF I have
read its contents and affirm that they are true and correct to the %est of my own personal
:nowledgeF I here%y certify that there is no other case commenced or pending %efore 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 6;7 days from my notice&
I+ )I'+E-- )4E"E(,$ I have signed this instrument on CCCCCCCCCCCCC&
6-gd&7 C&9& 4IL,I2E"
!L,S- /urat
2
&. Co$"ined *eri+ication Certi+ication a.ain%t Foru$ Sho&&in. and
State$ent o+ #ateria' /ate%
1E"I,IC#'I(+ G CE"'I,IC#'I(+ #2#I+-' ,("U* -4(PPI+2
I$ C&9& 4ilfiger$ of legal age$ do here%y state thatE I am the Chief Executive (ffice of
#lis 0i!yan Company and in such capacity$ caused this Complaint to %e preparedF I have
received a copy of the [Order/Resolution/Decision] of the Court on 13 April 200! I have read
its contents and affirm that they are true and correct to the %est of my own personal
:nowledgeF I here%y certify that there is no other case commenced or pending %efore any
I+ )I'+E-- )4E"E(,$ I have signed this instrument on CCCCCCCCCCCCC&
6-gd&7 C&9& 4IL,I2E"
!L,S- /urat
H. Re0ue%t +or and Notice o+ hearin.
"E@UE-' ,(" G +('ICE (, 4E#"I+2
'4E B"#+C4 CLE"9 (, C(U"'
*etropolitan 'rial Court
@ueHon City$ Branch 3
Please su%mit the foregoing *otion to the Court for its consideration and approval
immediately upon receipt hereof and :indly include the same in the courtBs calendar for
hearing on ,riday$ .3 #pril 200> at ?E30 in the morning&
#''ICU- ,I+C4
. *oc:ingBird -treet
'imog #venue$ @ueHon City
Please ta:e notice that counsel has re5uested to %e heard on ,riday$ .3 #pril 200> at
?E30 in the morning&
6-gd&7 *I'C4 *C0EE"E
Counsel for 0efendant
2 'he ,irm
Laguna -treet$ @ueHon City
I. !roo+ o+ &er%ona' %er1ice
Copy furnished through personal serviceE
#tty& *itch *c0eere
Counsel for the 0efendant
2 'he ,irm
3
0. !roo+ o+ %er1ice "( re.i%tered $ai' (with E2&'anation +or +ai'ure to %er1e
&er%ona''()
Copy furnished through registered mailE
#tty& *itch *c0eere
2 'he ,irm
"egistry "eceipt +o& CCCCCCCC
Post (ffice CCCCCCCCCCCCCCCC
0ate CCCCCCCCCCCCCCCCCCCCC
EIPL#+#'I(+
'he foregoing 6designation of pleading$ motion$ etc&7 and its attachment were served
on #tty& *itch *c0eere %y registered mail instead of personal service as counsel for
petitioner only has one messenger and personal service would have resulted in the motion
not %eing filed on time to the detriment of petitioner&
6-gd&7 #''ICU- ,I+C4
#,,I0#1I'
I$ 4#"PE" LEE$ a messenger of #tty& #tticus ,inch$ with office address at
CCCCCCCCCCCCCCCCCC$ after %eing duly sworn$ deposes and statesE
'hat on CCCCCCCCCCCCCCCCCCCCCC$ I served a copy of the following pleadingsApapers %y
registered mail in accordance with -ection .0$ "ule .3 of the "ules of CourtE
+ature of PleadingAPaper
CCCCCCCCCCCCCCCCCCCCCCCC
CCCCCCCCCCCCCCCCCCCCCCCC
in Case +o& CCCCCCCCCCCCCCCCC entitled CCCCCCCCCCCCCCCCCCCC %y depositing a copy in the post
office in a sealed envelope$ plainly addressed to 6name of party or hisAher attorney7 at
CCCCCCCCCCCCCCC with postage fully paid$ as evidenced %y "egistry "eceipt +o&
CCCCCCCCCCCCCCCCCCCCC attached and with instructions to the post master to return the mail to
sender after ten 6.07 days if undelivered&
'( '4E '"U'4 (, '4E ,("E2(I+2$ I have signed this #ffidavit on .3 #pril 200>$ in
the City of *anila$ Philippines&
6-gd&7 4#"PE" LEE
#ffiant
!L,S- /urat
3. !'ace date %i.nature addre%% Ro'' nu$"er IB! recei&t nu$"er !TR
nu$"er #CLE Co$&'iance or E2e$&tion Nu$"er Contact /etai'%
City of *anila$ .3 #pril 200>&
#tty& *itch *c0eere
2 'he ,irm$ Laguna -treet$
@ueHon City$ *etro *anila
"#elephone$ %a&$ '(ail)
"oll +o&
IBP (" +o&$ date and place of issue
P'" (" +o&$ date and place of issue
*C+' Co(pliance/'&e(ption ,o-
8
$. Ac4now'ed.$ent
City of *anila 7 s&s&
BE,("E *E$ this .3
th
day of #pril$ 200> in the City of *anila$ Philippines$ personally
appeared #''ICU- ,I+C4$ with J1alid Identification 0ocumentK 60riverBs License +o& +2;!0>!
00>>>>7 issued %y the Jofficial agencyK 6Land 'ransportation (ffice7 on .0 /anuary 200>$
:nown to me to %e the same person who executed the foregoing instrument$ and who
ac:nowledged to me that the same is his free act and deed&
I+ )I'+E-- )4E"E(,$ I have set my hand and affixed my +otarial seal on the day$
year and place written&
6-gd&7 +& (& '#"I(
+otary Pu%lic
0oc& +o&
Page +o&
Boo: +o&
-eries of 200>
NOTE- If the instrument consists of 2 or more pages$ include the following after the .
st
paragraphE
'his instrument$ consisting of CCC pages$ including the page on which this
ac:nowledgment is written$ has %een signed on the left margin of each and every page
thereof %y CCCCCCCCCCC and his witnesses 6if any7$ and sealed with my +otarial seal&
NOTE- If the instrument conveys 2 or more parcels of land$ include the following after the .
st
paragraphE
'his instrument relates to the sale 6or mortgage7 of CCC parcels of land$ and consists
of CCC pages including the page on which this ac:nowledgment is written$ each and every
page of which$ on the left margin$ having %een signed %y CCCCCCCCCCCCCC and his witnesses 6if
any7$ and sealed with my +otarial seal&
#. Notice o+ A&&ea'
+('ICE (, #PPE#L
0efendant$ #BC$ %y counsel$ respectfully appeals to this 4onora%le Court the
0ecision of the lower court dated .3 #pril 200>$ a copy of which he received on 2= #pril
200>&
@ueHon City$ 2 *ay 200>&
2 'he ,irm
;
II. !LEA/IN5S AN/ OT6ER LE5AL /OC,#ENTS IN CI*IL !ROCE/,RE
6. Co$&'aint (and other initiator( &'eadin.%)
1. Co$&'aint +or eject$ent with da$a.e%
718 "egional 'rial Court
*E'"(P(LI'#+ '"I#L C(U"'
@ueHon City$ Branch 33
#LI- 0I!D#+ C(*P#+D$
Plaintiff$
Civil Case +o& 2222
! versus ! ,orE E<ectment
D(9( +2#$
0efendant&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
C(*PL#I+'
PL#I+'I,,$ %y counsel$ respectfully states thatE
798 .& Plaintiff is a foreign corporation organiHed and existing under the laws of
,rance with %usiness address at ... (cean 0rive$ 'una Compound$ @ueHon CityF 0efendant
is a ,ilipino$ of legal age$ single and currently resident of ..2 (cean 0rive$ 'una Compound$
@ueHon City$ where he may %e served with summons and other pertinent processes&
7:8 2& Plaintiff owns that property located at ..2 (cean 0rive$ 'una Compound$
@ueHon City which it leased to defendant under the terms and conditions stated in the
Contract of Lease dated . /anuary 200;$ which contract expires on 3. 0ecem%er 200=& #
copy of the contract is attached as #++EI #&
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 %usiness expansionF plaintiff then as:ed
defendant to vacate the premises& # copy of plaintiffBs letter to defendant is attached as
#++EI B&
7;8 8& 0espite demand duly made and received$ defendant has refused to vacate the
premises and continues to occupy the property without plaintiffBs consent& Resort to the
.aran/ay conciliation syste( proved useless as defendant refused to appear 0efore the
+upon/ #a/apa(ayapa- A Certification to %ile Action is attached as A,,'1 C&
;& 0efendantBs act of dispossession has caused plaintiff to suffer material in<ury
%ecause plaintiffBs %usiness expansion plans could not %e implemented despite the arrival of
machineries specifically leased for this purpose at the rental rate of U-L;00 per month&
0efendantBs continued occupation of the premises has also forced plaintiff to sue and to
incur legal expenses amounting to ,ifty 'housand Pesos 6P;0$000&007&
7<8 )4E"E,("E$ plaintiff respectfully prays for <udgment in its favor %y ordering
defendant to vacate the property and peacefully turn over possession to plaintiff and for
defendant to pay plaintiff the amount of U-L3$;00 representing rentals on the machineries
for seven 6>7 months and ,ifty 'housand Pesos 6P;0$000&007 for #ttorneyBs fees&
7=8 @ueHon CityF .3 #pril 200>&
7>8 6-gd&7 #''ICU- ,I+C4
Counsel for Plaintiff
J#ddressK
!L,S-
1. 7?8 1erification and Certification against ,orum -hopping
2& /urat
=
2. Co$&'aint +or %u$ o+ $one(
718 "epu%lic of the Philippines
"E2I(+#L '"I#L C(U"'
Branch .0.$ *a:ati City
E-'# P#0("#$
Plaintiff$
Civil Case +o& 000??2
! versus ! ,orE -um of *oney
*#+22# 2#+'-($
0efendant&
x !!!!!!!!!!!!!!!!!!!!!!!!!! x
C(*PL#I+'
798 .& Plaintiff is a ,ilipino$ of legal age$ and resident of =>;0 ,or%es Par:$ *a:ati
CityF defendant is also a ,ilipino$ of legal age and resident of =>;2$ ,or%es Par:$ *a:ati City$
where he may %e served with summons and other processes&
7:8 2& -ometime in /anuary 200; and over a period of six 6=7 months$ defendant
%orrowed certain amounts from plaintiff& 0efendant promised to pay these amounts on an
installment %asis monthly& 'hese amounts now total +ine 4undred 'housand Pesos
6P00$000&007&
7;8 3& 0espite repeated demands$ %oth oral and written$ defendant failed or has
refused to pay any amount to plaintiff as no installment payment has even %een made& #
copy each of plaintiffBs two 627 demand letters is attached as #++EI # and B&
8& "esort to the Barangay Conciliation process proved fruitless as defendant failed to
appear$ despite notice on him to appear& 'hus$ a Certification to ,ile #ction$ a copy of which
is attached as #++EI C$ was issued %y the Barangay Chairman&
;& 0efendantBs o%ligation is due and demanda%le and plaintiff is entitled to the
payment of the entire amount of +ine 4undred 'housand Pesos 6P00$000&007 plus legal
interest&
=& By reason of defendantBs unreasona%le failure or refusal to pay his due and
demanda%le o%ligation$ plaintiff was forced to engage the services of counsel to vindicate
his rights there%y committing himself to pay legal expenses amounting to ,ifty 'housand
Pesos 6P;0$000&007&
7<8 )4E"E,("E$ plaintiff respectfully prays for <udgment in his favor through a
0ecision directing defendant to pay him +I+E 4U+0"E0 '4(U-#+0 PE-(- 6P00$000&007$
with legal interest$ as #C'U#L 0#*#2E- and ,I,'D '4(U-#+0 PE-(- 6P;0$000&007 as
#ttorneyBs ,ees&
7=8 @ueHon City for *a:atiF .3 #pril 200>&
7>8 6-gd&7 #''ICU- ,I+C4
J#ddressK
!L,S- 7?8 1erification and Certification against ,orum -hopping
>
;. Co$&'aint +or Re&'e1in
"E2I(+#L '"I#L C(U"'
Branch .0.$ *a:ati City
4U"'- "E+'!#!C#"$
represented %y #9I+ +#D#+$
Plaintiff$
Civil Case +o& 0000??
! versus !
D(9( +2#$
0efendant&
x!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
C(*PL#I+'
Plaintiff$ %y counsel$ respectfully states thatE
798 .& Plaintiff is the general manager of 4urts "ent!#!Car with offices at *a:ati CityF
defendant is a 'ongan$ temporarily residing at Bayview 4otel$ "oxas Boulevard$ *anila&
7:8 2& 4urts "ent!#!Car is the registered owner of a 4onda C"1 with license plate
num%er IL1!=>;$ which defendant$ on 3 *arch 200;$ rented from plaintiff for a period of
one 6.7 wee:&
7;8 3& (n .; *arch 200;$ plaintiff demanded from defendant the return of the car
%ut defendant failed and refused to do so&
8& 'he car has not %een ta:en for a tax assessment or a fine pursuant to law nor has
it %een seiHed on execution or attachment& Its present value is approximately +ine 4undred
'housand Pesos 6P00$000&007&
;& Plaintiff is ready$ willing and a%le to give %ond in defendantBs name in dou%le the
value of the property for the return of the property to defendant should that %e ad<udged or
for the payment of such sum that defendant may recover from plaintiff in this action&
7<8 )4E"E,("E$ plaintiff respectfully prays that the writ of replevin issue directing
the -heriff or any other authoriHed officer to ta:e possession of the car and dispose of it in
accordance with the "ules of Court and$ after hearing$ <udgment %e rendered declaring
plaintiff to %e lawfully entitled to the possession of the car and sentencing defendant to pay
its value&
7=8 @ueHon City for *a:ati CityF .3 #pril 200>&
7>8 6-gd&7 *I'C4 *C0EE"E
Counsel for the Plaintiff
J#ddressK
?
>. Co$&'aint to %et &eriod o+ (ear% +or 'ea%e
"E2I(+#L '"I#L C(U"'
Branch .=.$ Pasig City
+#+2 UUP#$
Plaintiff$
Civil Case +o& 00...
! versus !
+#2P# P#UP#$
0efendant&
x !!!!!!!!!!!!!!!!!!!!!! x
C(*PL#I+'
798 .& Plaintiff and 0efendant are %oth ,ilipino citiHens and of legal ageF plaintiff
resides at .!#$ CruH -treet$ Pasig City while defendant resides at 2 ,risco -treet$ Pasig City$
where he may %e served with summons&
7:8 2& (n . /anuary 2003$ defendant leased to plaintiff the premises at .!# CruH
-treet$ Pasig City for a monthly rental of (ne 'housand Pesos 6P.$000&007 to %e paid within
the first five 6;7 days of each month&
3& 'here is no fixed period for the lease agreement except that rentals are to %e paid
%y the month&
7;8 8& Plaintiff has %een paying the rentals as they fall due each month$ without fail&
4owever$ on 8 #pril 200=$ defendant gave notice to plaintiff that he is terminating the lease
agreement %y the end of #ugust 200=&
;& Considering that the period of lease has not %een fixed$ this 4onora%le Court may
fix a longer period of time as the lessee has %een occupying the place for a period of three
637 years& # period of two 627 years is reasona%le considering that the lessee has no place to
transfer to immediately and that he has introduced su%stantial improvements to the
premises amounting to ,ifty 'housand Pesos 6P;0$000&007&
7<8 )4E"E,("E$ it is respectfully prayed that this 4onora%le Court fix a period of
years for the lease %etween plaintiff and defendant&
7=8 @ueHon City for Pasig CityF .3 #pril 200>&
7>8 6-gd&7 #''ICU- ,I+C4
J#ddressK
'. An%wer with a++ir$ati1e de+en%e and counterc'ai$

1. An%wer with co$&u'%or( counterc'ai$
718 "egional 'rial Court
*E'"(P(LI'#+ '"I#L C(U"'
Branch 33$ @ueHon City
#LI- 0I!D#+ C(*P#+D$
Plaintiff$
Civil Case +o& 2222
! versus ! ,or E E<ectment
D(9( +2#$
0efendant&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
#+-)E"
6)ith C(U+'E"CL#I*7
0E,E+0#+'$ %y counsel$ respectfully states thatE
#dmissionsA0enials
798 .& 4e admits the contents of paragraph . only insofar as his personal
circumstances %ut specifically denies the contents insofar as plaintiffBs personal
circumstances for the reason stated in the #ffirmative 0efenses %elow&
2& 4e admits the contents of paragraph 2 only where it states that a Contract of
Lease was entered into %ut specifically denies that the Contract reflects the true intent of
the parties as explained in the #ffirmative 0efenses %elow&
3& 4e admits the contents of paragraph 3 only as to the fact that demand to vacate
was made %ut specifically denies its contents as to the truth of the reasons for the letter for
lac: of :nowledge sufficient to form a reasona%le %elief as to its truth or falseness&&
8& 4e specifically denies the contents of paragraphs 8 to = for the reasons stated in
the #ffirmative 0efenses %elow&
#ffirmative 0efenses
7;8 ;& 0efendant reiterates$ repleads and incorporates %y reference all the foregoing
insofar as they are material and additionally su%mit that the Complaint should %e dismissed
%ecauseE
;&.& Plaintiff has no capacity to sue as it is a foreign corporation doing
%usiness in the Philippines without a license&
;&2& 'he Complaint fails to state a cause of action as the Contract of
Lease 6#++EI #7 was$ %efore its expiration$ superceded %y a 0eed of #%solute
-ale where%y plaintiff sold to defendant the parcel of land in 5uestion$ a copy
of which is attached as #++EI .&
Counterclaim
7<8 =& 0efendant reiterates$ repleads and incorporates %y reference all the foregoing
insofar as they are material and additionally su%mit that he is entitled to relief arising from
the filing of this malicious and %aseless suit$ as followsE
=&.& *oral 0amages amounting to (ne *illion Pesos
6P4P.$000$000A007 %ecause his name and reputation were %esmirched %y this
malicious and %aseless suit&
=&2& #ttorneyBs ,ees amounting to (ne 4undred 'housand Pesos
6P.00$000&007 %ecause he was compelled to secure services of counsel to
vindicate his legal rights&
7=8 )4E"E,("E$ 0efendant respectfully prays that <udgment %e rendered in his
favor %y dismissing the Complaint and granting defendantBs counterclaim %y awarding
defendantE 6a7 (ne *illion Pesos as *oral 0amages$ and 6%7 ,ifty 'housand as #ttorneyBs
,ees&
.0
(ther <ust and e5uita%le reliefs are prayed for&
7>8 @ueHon CityF .3 #pril 200>&
7?8 6-gd&7 *I'C4 *C0EE"E
J#ddressK
7@ A 1B8 1E"I,IC#'I(+ G CE"'I,IC#'I(+ #2#I+-' ,("U* -4(PPI+2
I$ D(9( +2#$ of legal age$ do here%y state thatE I am the defendant in the case filed
%y #lis 0i!yan Company for e<ectmentF in response$ I have caused the preparation of this
#nswer with CounterclaimF I have read its contents and affirm that they are true and correct
to the %est of my own personal :nowledgeF I specifically deny the genuineness and
due execution as well as the binding effect of the actionable documents pleaded
by plaintiiffC I here%y certify that there is no other case commenced or pending %efore any
I+ )I'+E-- )4E"E(,$ I have signed this instrument on .3 #pril 200>&
6-gd&7 D(9( +2#
!L,S-
.& /urat 6I, any document is denied7
2. 7118 Proof of -ervice 6personal service or service %y registered mail7
..
2. An%wer with counterc'ai$ and cro%%Dc'ai$
See ,orm +o& B!.$ supra$ %ut add!!
7<8 Crossclaim
>& 0efendant reiterates$ repleads and incorporates %y reference all the foregoing
insofar as they are material and additionally su%mit that he is entitled to indemnity andAor
contri%ution from co!defendant *#+22# 2#+'-( in the event that he is made lia%le to
plaintiff %ecause co!defendant *#+22# 2#+'-( acted as the duly authoriHed agent of
plaintiff in the sale of the property and$ acting as such$ received consideration$ in the form of
the purchase price$ from defendant&
7=8 )4E"E,("E$ 0efendant respectfully prays that <udgment %e rendered in his
favor %y
1. dismissing the Complaint$ and
2& granting defendantBs counterclaim %y awarding defendant
a. (ne *illion Pesos 6Php&.$000$0007 as *oral 0amages$ and
b. ,ifty 'housand Pesos 6Php&;0$0007 as #ttorneyBs ,ees&
;. In the event that defendant is (ade lia0le to plaintiff on the Co(plaint$ he further
prays that co2defendant *A,33A 3A,#4O 0e (ade lia0le to inde(nify defendant
in the sa(e a(ount under the Crossclai(&
7>8 @ueHon CityF CCCCCCCCCCCCCCCCCC&
7?8 6-gd&7 *I'C4 *C0EE"E
J#ddressK
!L,S-
1. 7@ A 1B8 1erification and Certification against ,orum -hopping
2& /urat 6I, document is denied7
;. 7118 Proof of -ervice 6personal service or service %y registered mail7
.2
5. !reDtria' Brie+
"E2I(+#L '"I#L C(U"'
L#9I-# L#D#)$
Plaintiff$
Civil Case +o& >!3.3.2
! versus !
L#9I-# 4I"#P$
0efendant&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
P"E!'"I#L B"IE,
0E,E+0#+'$ %y counsel$ respectfully su%mits her Pre!'rial Brief$ as followsE
I& )ILLI+2+E-- '( E+'E" I+'( #+ #*IC#BLE -E''LE*E+'
#+0 P(--IBLE 'E"*- (, #+D -UC4 -E''LE*E+'
.&.& -u%<ect to a concrete proposal that is fair and reasona%le and a reciprocal
manifestation of openness from plaintiff$ defendant is open to the possi%ility of amica%ly
settling this dispute&
71 A 98 .&2& Pursuant to Ru'e 1? o+ the 1@@> Ru'e% o+ Ci1i' !rocedure$
defendant respectfully su%mits that the desired terms of any amica%le settlement would
involve$ first$ a clarification of the actual extent of any o%ligation due and owing to plaintiff
inasmuch as there is nothing to indicate defendantBs o%ligations to plaintiff and$ second$ a
schedule of payments&
II& B"IE, -'#'E*E+' (, CL#I*- #+0 0E,E+-E-
2&.& Plaintiff see:s principally to recover the amount of 'wenty 'wo *illion Eight
4undred Eighteen 'housand +ine 4undred ,orty Eight Pesos and 'hirty Centavos
6P4P22$?.?$8?&307 with interest at twelve percent 6.2M7 arising allegedly from unpaid
orders delivered to defendant variously in .?&
2&2& 0efendant resists plaintiffBs claims %ased on a failure to state a cause of action
%ecause of E
2&2&.& PlaintiffBs lac: of personality to sue and$ therefore$ not %eing the
real party in interest under Ru'e : %ection 9 o+ the 1@@> Ru'e% o+ Ci1i'
!rocedureF
2&2&2& Extinguishment of the alleged claim made %y the entity
"egency ,urniture&
2&3& 0efendant also interposed a compulsory counterclaim for 'wo *illion Pesos
6P4P2$000$000&007 for moral damages and 'wo *illion Pesos 6P4P2$000$000&007 for
exemplary damages and (ne 4undred 'housand Pesos 6P4P.00$000&007 as attorneyBs fees&
III& ,#C'- #+0 ('4E" *#''E"- #0*I''E0 BD '4E P#"'IE-
7:8 3&.& 0efendant admits only those facts stated in her #nswer$ i&e&$ her personal
circumstances$ receipt of the demand letter dated /anuary ;$ .> and her reply to the
demand letter&
3&2& -u%<ect 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&
I1& I--UE- '( BE '"IE0
7;8 8&.& 0efendant su%mits that the following issues put forward %y plaintiff are
su%<ect to proofE
8&.&.& PlaintiffBs personality to see: legal reliefF
8&.&2& PlaintiffBs entitlement to the amount claimedF
.3
8&2& 0efendant su%mits that the following issues she put forward are su%<ect to
proofE
8&2&.& PlaintiffBs %ad faith in filing this suitF
8&2&2& 0efendantBs entitlement to the claims made in her Compulsory
Counterclaim as a result of plaintiffBs %ad faithF
1& E1I0E+CE
7=8 ;&.& 0efendant intends to present the following witnessesE
;&.&.& 0efendant herself$ who will testify on the true circumstances
leading to the filing of this suit against herF
;&.&2& #n employee of 'opless Enterprises with personal :nowledge as
to the true circumstances %ehind the alleged o%ligations due and owing in
favor of plaintiff&
7<8 ;&2& 0efendant reserves the right to present any and all documentary evidence
which shall %ecome relevant to re%ut plaintiffBs claims in the course of trial as well as any
other witnesses whose testimony will %ecome relevant to %elie plaintiffBs witnesses$ if
necessary&
1I& "E-("' '( 0I-C(1E"D
7>8 =&.& Considering the relatively simple issues presented$ defendant does not
intend to avail of discovery at this time&
=&2& -u%<ect$ however$ to a concrete and reasona%le re5uest for discovery from
plaintiff$ defendant reserves the right to resort to discovery %efore trial&
"E-PEC',ULLD -UB*I''E0&
@ueHon CityF .3 #pril 200>&
J#ddressK
Copy furnishedE
#tty& *# B(L#
.8
D. #otion%
1. #otion to di%$i%% (with re0ue%t +or and notice o+ hearin.)
*E'"(P(LI'#+ '"I#L C(U"'
L#9I #--E' C(*P#+D$
Plaintiff$
Civil Case +o& 3333
0#*I U'#+2 C("P("#'I(+$
0efendant&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
*('I(+ '( 0I-*I--
0E,E+0#+'$ %y counsel$ respectfully moves to dismiss the Complaint on the ground
that the Complaint fails to state a cause of action as 718 '4E (BLI2#'I(+ -(U24' '( BE
E+,("CE0 BD PL#I+'I,, I- +(' DE' 0UE #+0 0E*#+0#BLE$ as shown %y the followingE
798 .& #llegedly$ plaintiff has failed to reach the 5uotas agreed upon under the
*ar:eting #greement dated . /anuary 200=F defendant now see:s to collect the sum of ')(
4U+0"E0 '4(U-#+0 PE-(- 6P200$000&007$ representing the %alance of the proceeds due
plaintiff under the said *ar:eting #greement&
2& 'he contract is for one 6.7 year and defendant is given that same period to reach
the 5uota specified thereinF the period of one 6.7 year has not expired& Conse5uently$
plaintiffBs claim is premature as there is yet no %reach of the *ar:eting #greement until the
period expires and the 5uota is not attained& ,or this reason$ plaintiffBs Complaint states no
cause of action and must %e dismissed&
7:8 )4E"E,("E$ defendant respectfully prays that the Complaint %e 0I-*I--E0 for
failure to state a cause of action&
J#ddressK
7;8 "E@UE-' ,(" G +('ICE (, 4E#"I+2
'4E B"#+C4 CLE"9 (, C(U"'
*etropolitan 'rial Court
Please su%mit the foregoing *otion to the Court for its consideration and approval
immediately upon receipt hereof and :indly include the same in the courtBs calendar for
hearing on ,riday$ 2> #pril 200> at ?E30 in the morning&
#''ICU- ,I+C4
. *oc:ingBird -treet
'imog #venue$ @ueHon City
Please ta:e notice that counsel has re5uested to %e heard on ,riday$ 2> #pril 200> at
?E30 in the morning&
2 'he ,irm
!L,S- 7<8 Proof of -ervice
.;
2. #otion +or 'ea1e o+ court to +i'e &'eadin. (with e2&'anation +or %er1ice
"( re.i%tered $ai')
-UP"E*E C(U"'
*anila
L#9I U'#+2$
Petitioner$
2&"& +o& CCCCCCCC
! versus !
0#*I LUP#$
"espondent&
x !!!!!!!!!!!!!!!!!!!!!!!!! x
*('I(+ ,(" LE#1E
(, C(U"' '( ,ILE "EPLD )I'4
*('I(+ '( #0*I' #''#C4E0 "EPLD
PE'I'I(+E"$ %y counsel$ respectfully states thatE
718 .& Petitioner received a copy of respondentBs Comment to his petition on 3
/anuary 200=& 'he Comment contains several allegations of fact and misinterpretations of
the record that may mislead the court and need to %e corrected& ,or this reason$ petitioner
intends to file a "eply&
798 2& Under existing rules$ a "eply can no longer %e filed as a matter of course&
Conse5uently$ petitioner see:s leave of this Court to file the said "eply$ a copy of which$
pursuant to the .> "ules on Civil Procedure$ is attached to this motion&
7:8 )4E"E,("E$ petitioner respectfully prays that he %e granted leave of court to
file a "eply and for the Court to admit the attached "eply&
@ueHon City for *anilaF ; /anuary 200>&
6-gd&7 #''ICU- ,I+C4
Counsel for the Petitioner
J#ddressK
!L,S-
1. 7;8 "e5uest for and +otice of 4earing
2. 7<8 Explanation for service %y registered mail
.=
;. #otion +or jud.$ent on the &'eadin.%
"E2I(+#L '"I#L C(U"'
L#9I-# L#D#)$
Plaintiff$
L#9I-# 4I"#P$
0efendant&
x !!!!!!!!!!!!!!!!!!!!!!!!! x
*('I(+ ,(" /U02*E+' (+ '4E PLE#0I+2-
Plaintiiff$ %y counsel$ respectfully states thatE
.& (n = /uly 200;$ plaintiff sued defendant for a sum of money in the amount of +ine
4undred 'housand Pesos 6P00$000&007&
71 A 98 2& In his #nswer$ defendant admitted the o%ligation and merely stated that
he was as:ing to %e given an extension of time to pay his o%ligation %ut that plaintiff instead
filed this Complaint& 'he #nswer admits the material allegations of the Complaint and has
not tendered any issueF conse5uently$ a <udgment on the pleadings may %e rendered&
7:8 )4E"E,("E$ plaintiff respectfully prays a <udgment on the pleadings %e
rendered in his favor&
6-gd&7 #''ICU- ,I+C4
J#ddressK
!L,S-
2. 7<8 Proof of -ervice
.>
>. E2 &arte $otion to %et +or &reDtria'
"E2I(+#L '"I#L C(U"'
L#9I-# L#D#)$
Plaintiff$
! versus !
L#9I-# 4I"#P$
0efendant&
x !!!!!!!!!!!!!!!!!!!!!!!!! x
EI P#"'E *('I(+ '( -E' C#-E ,(" P"E!'"I#L
718 .& (n . /une 200=$ defendant su%mitted her #nswer to the Complaint$ there%y
causing the issues to %e <oined&
798 2& 'his case is$ thus$ ripe for pre!trial& Complying with "ule .?$ -ection . of the
.> "ules on Civil Procedure$ plaintiff respectfully as:s that this case %e set for pre!trial&
7:8 )4E"E,("E$ plaintiff respectfully prays that this case %e set for pre!trial on a
date convenient to this 4onora%le Court&
6-gd&7 #''ICU- ,I+C4
J#ddressK
7;8 "E@UE-' #+0 +('ICE
'4E B"#+C4 CLE"9 (, C(U"'
"egional 'rial Court
Please su%mit the foregoing to the Court for its approval immediately upon receipt
hereof&
Copy furnishedE
*I'C4 *C0EE"E$ E-@&
2 'he ,irm
Please ta:e notice that counsel has re5uested for the approval of the foregoing
motion immediately upon receipt&
6-gd&7 #''ICU- ,I+C4
!L,S- 7<8 Proof of -ervice
.?
B. #otion +or &o%t&one$ent
"E2I(+#L '"I#L C(U"'
0IL# '("D$
Plaintiff$
Civil Case +o& 00??>>
! versus !
P#-E+ -D(-($
0efendant&
x !!!!!!!!!!!!!!!!!!!!!!!!! x
*('I(+ ,(" P(-'P(+E*E+'
.& 'his case is set for trial on ; *ay 200> at ?E30 in the morning&
718 2& (n said date and time$ the undersigned counsel will %e una%le to appear
%efore this 4onora%le Court as he has also %een directed to appear on this date and time
%efore the "egional 'rial Court of *a:ati City$ Branch .3 for NPeople of the Philippines v& Bil
*o:oO$ Criminal Case +o& 00??$ where he is scheduled to terminate cross!examination of
the prosecutionBs expert witness who will %e availa%le only on said date and time&
798 3& )ithout impugning the importance of these proceedings$ plaintiff respectfully
su%mits that his attendance in the *a:ati case %ecomes indispensa%leF otherwise$ the
accused in said case would %e deprived of the opportunity to confront and cross!examine a
vital witness against her&
8& 'his motion is prompted only %y the foregoing reason and not for delay&
7:8 )4E"E,("E$ plaintiff respectfully prays that the trial scheduled on ; *ay 200>
%e P(-'P(+E0 to another date convenient to this 4onora%le Court&
J#ddressK
!L,S-
.
F. #otion +or e2ten%ion o+ ti$e
"E2I(+#L '"I#L C(U"'
0IL# '("D$
Plaintiff$
Civil Case +o& 00??>>
! versus !
P#-E+ -D(-($
0efendant&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
*('I(+ ,(" EI'E+-I(+ (, 'I*E
.& 4e has %een directed to file a "eply to defendantBs #nswer %y .0 *ay 200>&
71 A 98 2& 'he undersigned counsel$ however$ anticipates his ina%ility to file the
"eply on or %efore the said due date %ecause of the tremendous pressure of other e5ually
urgent professional wor: re5uiring the preparation of pleadings and almost daily trial
appearances %efore the various courts within and outside *etro *anila& ,or this reason$ the
undersigned is constrained to as: for an additional fifteen 6.;7 days from .0 *ay 200>$ or
until 2; *ay 200>$ within which to su%mit plaintiffBs "eply&
3& 'his motion is not intended for delay %ut is motivated only %y the foregoing
reason&
7:8 )4E"E,("E$ plaintiff respectfully prays that he %e granted an additional fifteen
6.;7 days from .0 *ay 200>$ or until 2; *ay 200>$ within which to su%mit plaintiffBs "eply&
J#ddressK
!L,S-
20
7. #otion to dec'are de+endant in de+au't
"E2I(+#L '"I#L C(U"'
#+#9I+ -9D)#L9E"$
Plaintiff$
Civil Case +o& 0000
! versus !
P#0*E #*I0#L#$
0efendant&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
*('I(+ '( 0ECL#"E 0E,E+0#+' I+ 0E,#UL'
.& Plaintiff filed this Complaint against defendant on . *arch 200>F summons were
served on defendant on 20 *arch 200>$ as indicated %y the -heriffBs "eturn of even date$ a
copy of which is attached as #++EI #&
71 A 98 2& 0efendantBs reglementary period to file #nswer ended on ; #pril 200>F no
motion for extension of such period was filed nor was any granted motu proprio %y this
4onora%le Court& 0espite the lapse of time$ defendant has failed to answer the Complaint
against herF plaintiff is entitled to a declaration of default and the right to present evidence
ex parte against defendant&
7:8 )4E"E,("E$ plaintiff respectfully prays that defendant %e declared in default
and that plaintiff %e allowed to present evidence ex parte %efore the Cler: of Court acting as
Commissioner&
@ueHon CityF > #pril 200>&
6-gd&7 0#"'4 -I0I(U-
J#ddressK
!L,S-
2.
. #otion to 'i+t order o+ de+au't
"E2I(+#L '"I#L C(U"'
#+#9I+ -9D)#L9E"$
Plaintiff$
Civil Case +o& 0000
! versus !
P#0*E #*I0#L#$
0efendant&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
*('I(+ '( LI,' ("0E" (, 0E,#UL'
0E,E+0#+'$ %y counsel$ respectfully states thatE
.& ,ive 6;7 days after service of summons and receipt of Complaint$ she filed a
*otion to 0ismiss on the ground that plaintiffBs claim is outside the <urisdictional amount of
this 4onora%le Court under the new Expanded /urisdiction #ct and that the Complaint should
properly %e filed and tried %efore the *etropolitan 'rial Court& 'he *otion to 0ismiss$ which
was received %y plaintiffBs counsel on 2; *arch 200>$ was set for hearing on .0 #pril 200>$
as indicated on the N"e5uest for and +otice of 4earingO&
2& )ithout waiting for the hearing on the *otion to 0ismiss$ this 4onora%le Court
declared defendant in default on > #pril 200> %ased solely on plaintiffBs *otion$ filed two 627
days after the supposed lapse of the reglementary period$ which$ however$ was tolled %y the
filing of a *otion to 0ismiss&
71 A 98 3& Under the circumstances$ the order of default is premature and without
legal and factual %asis asE 6a7 defendant has not failed to file an #nswer within the
reglementary period$ 6%7 the reglementary period has not lapsed %ecause of the filing of the
*otion to 0ismiss within the period$ and 6c7 the pendency of the *otion to 0ismiss is
pre<udicial to the issue of defendantBs default& Conse5uently$ the order of default should %e
lifted&
7:8 )4E"E,("E$ defendant respectfully prays that the (rder of 0efault against her
%e LI,'E0 and that this 4onora%le Court resolve her *otion to 0ismiss&
@ueHon CityF ? #pril 200>&
6-gd&7 (BI )#+ 9E+(BI
J#ddressK
!L,S-
22
E. S&ecia' Ci1i' Action%
1. Certiorari (with Injunction and/or TRO) !rohi"ition and #anda$u%
a. Certiorari
6Caption and 'itle7
PE'I'I(+
798 .& 64tate capacity of petitioner and respondent/s$ citi5enship$ status and
residence&7
2& 64tate the date on 6hich copy of Decision 6as received and/or Resolution on
*otion for Reconsideration$ if filed$ denied-7
7:8 3& 64tate 0riefly the facts and circu(stances under 6hich the respondent/s
e&ercisin/ 7udicial functions acted 6ithout$ or in e&cess of$ 7urisdiction or 6ith /rave a0use
of discretion a(ountin/ to lac8 or e&cess of 7urisdiction-7
8& 64tate entitle(ent to In7unction and/or #RO$ i-e-$ [a] petitioner has a clear$ le/al
ri/ht$ [0] 6hich is threatened 0y an act or o(ission of respondents$ [c] and that$ unless
restrained$ 6ill cause /rave and irrepara0le in7ury to petitioner- Alle/e also that petitioner is
ready to post a 0ond in an a(ount to 0e fi&ed 0y the Court conditioned upon the pay(ent
to respondents of any da(a/es suffered arisin/ fro( the 6rit should petitioner 0e found not
to 0e entitled to the 6rit-7
;& 'here is no appeal from such decision or any plain or ade5uate speedy remedy in
the ordinary course of law$ except this petition&
=& # certified true copy 6or duplicate original copy7 of the 0ecision under review is
attached as #++EI #&
7;8 )4E"E,("E$ it is respectfully prayed that a writ of certiorari %e issued
#++ULLI+2 the 6act$ decision or finding7 for %eing in grave a%use of discretionF in the
interim$ that a preliminary in<unction andAor temporary restraining order issue to E+/(I+ any
further proceedings %y respondents&
@ueHon CityF 718 > /uly 200>&
6-gd&7 #''ICU- ,I+C4
J#ddressK
!L,S- 7<8 Com%ined 1erification$ Certification against ,orum -hopping$ and -tatement of
*aterial 0ates
P "ule =;$ section =$ par& 2 expressly ma:es "ule ;=$ section 2 applica%le to petitions for
certiorari$ mandamus and prohi%ition& "ule ;=$ section 2 provides that "ules 8=$ 8?$ 8$ ;.$
;2 and ;= apply& "ule 8=$ section 3 provides that the &etition $u%t "e acco$&anied not
on'( "( a certi+ied true co&( o+ the jud.$ent or order 0ue%tioned "ut a'%o "(
E%uch $ateria' &ortion% o+ the record a% are re+erred to therein and other
docu$ent% re'e1ant or &ertinent thereto&O
23
b. !rohi"ition
6Caption and 'itle7
PE'I'I(+
798 .& 64tate capacity of petitioner and respondent/s$ citi5enship$ status and
residence&7
2& 6If applica%le$ state the date on 6hich copy of Decision 6as received and/or
Resolution on *otion for Reconsideration$ if filed$ denied-7
7:8 3& 64tate 0riefly the facts and circu(stances under 6hich the respondent/s
6hether e&ercisin/ 7udicial or (inisterial functions acted 6ithout$ or in e&cess of$ 7urisdiction
or 6ith /rave a0use of discretion a(ountin/ to lac8 or e&cess of 7urisdiction-7
8& 64tate entitle(ent to In7unction and/or #RO$ i-e-$ [a] petitioner has a clear$ le/al
ri/ht$ [0] 6hich is threatened 0y an act or o(ission of respondents$ [c] and that$ unless
restrained$ 6ill cause /rave and irrepara0le in7ury to petitioner- Alle/e also that petitioner is
ready to post a 0ond in an a(ount to 0e fi&ed 0y the Court conditioned upon the pay(ent
to respondents of any da(a/es suffered arisin/ fro( the 6rit should petitioner 0e found not
to 0e entitled to the 6rit-7
;& 'here is no appeal from such decision or any plain or ade5uate speedy remedy in
the ordinary course of law$ except this petition&
=& # certified true copy 6or duplicate original copy7 of the 0ecision under review is
attached as #++EI #&
7;8 )4E"E,("E$ it is respectfully prayed that an in<unction or '"( %e issued
directing respondentAs to desist and refrain from further proceedings in the premises$ and
that after due notice and hearing$ a writ of prohi%ition issue directing respondentAs to desist
a%solute and perpetually from further proceedings 6in the said action or matter7&
6-gd&7 #''ICU- ,I+C4
J#ddressK
*aterial 0ates
28
1. #anda$u%
6Caption and title7
PE'I'I(+
798 .& "4tate the capacity of petitioner and respondent/s and their addresses-7
7:8 2& 64tate the facts and circu(stances 6here0y respondent/s unla6fully
ne/lected the perfor(ance of an act 6hich the la6 specifically en7oins as a duty resultin/
fro( an office$ trust or station$ or unla6fully e&cluded the petitioner fro( the en7oy(ent of a
ri/ht or office to 6hich the petitioner is entitled&7
3& Petitioner has no appeal from such decision or any plain or ade5uate speedy
remedy in the ordinary course of law$ except this petition&
7;8 )4E"E,("E$ it is respectfully prayed that$ after due notice and hearing$ a writ of
mandamus issue commanding respondentAs forthwith toE 6state the act re9uired to 0e done7$
with costs against them&
6-gd&7 #''ICU- ,I+C4
J#ddressK
*aterial 0ates
2;
9. Fuo warranto Inter&'eader Fuietin. o+ Tit'e and /ec'arator( Re'ie+
a. Co$&'aint in Inter&'eader
+#LI LI'($
Plaintiff$
-C# +o& CCCCCCCCCCCC
! versus !
U*# #2#) and I+# #2#)#+$
0efendants&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
C(*PL#I+'
718 .& Plaintiff and defendants are all of legal ageF plaintiff resides at CCCCCCCCCCCCCCCC
while defendants reside at CCCCCCCCCCCCCCC and CCCCCCCCCCCCCCC$ respectively$ where they may
%e served with pertinent notices&
798 2& (n . /une 200>$ plaintiff found a 2old "olex (yster watch$ without :nowing
who its true owner is& 'he watch is now in plaintiffBs possession& (n or a%out ; /une .$
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 see:s to compel defendants to interplead and litigate their
several claims %etween themselves&
7:8 )4E"E,("E$ it is respectfully prayed that this 4onora%le 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 safe:eeping and the costs of this
suit$ as first lien upon the su07ect (atter of this action&
7;8 @ueHon CityF > /uly 200>&
7<8 6-gd&7 #''ICU- ,I+C4
J#ddressK
!L,S- 7=8 1erification and Certification against ,orum -hopping
2=
b. Action to Fuiet (or Re$o1e C'oud on) Tit'e
I+ "EE @UIE'I+2 (, 'I'LE (1E" '4E
P"(PE"'D C(1E"E0 BD 'C' +(& .238;
-C# +o& .3;>
+#LI LI'($ as -pecial #dministrator of the
Estate of the deceased 0#*I LUP#$
Petitioner$
U*# #2#)$
"espondent&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
PE'I'I(+
718 .& 4e is the special administrator of the estate of the deceased 0#*I LUP#&
798 2& 'he deceased$ during his lifetime$ executed a 0eed of -ale of real estate in
favor of the respondent dated CCCCCCCCCCCCC$ and particularly descri%ed$ as followsE
60escri%e property7
covered %y 'C' +o& .238; in the "egister of 0eeds of *a:ati& 'he same is annotated on the
title as the only encum%rance thereon&
3& 'he sale is fictitious and the 0eed of -ale is forged$ as shown %y a <udgment in
Civil Case +o& 28=?$ a copy of which is attached&
8& 'he existence of the alleged 0eed of -ale is pre<udicial and in<urious to the title of
the lawful heirs of the deceased upon the said property& E5uity demands that the said 0eed
of -ale %e surrendered and cancelled$ as it is a cloud upon the title of the deceased and his
lawful heirs&
7:8 )4E"E,("E$ petitioner respectfully prays that this 4onora%le Court render
<udgment in the EstateBs favor %y ordering the 0eed of -ale surrendered and cancelled and
the cloud on 'itle +o& .238; removed&
7<8 6-gd&7 *I'C4 *C0EE"E
Counsel for Petitioner
J#ddressK
2>
1. Action +or /ec'arator( Re'ie+
I+# #PI$
Plaintiff$
! versus ! Civil Case +o& 28=?
'4E CI'D C(U+CIL
(, @UEQ(+ CI'D$
0efendant&
x !!!!!!!!!!!!!!!!!!!!!!!!!!! x
C(*PL#I+'
718 .& Plaintiff is a ,ilipino citiHen of legal age and resident of @ueHon CityF
defendant is the City Council of @ueHon City$ the duly!constituted legislative %ody for
@ueHon City$ its mem%ers may %e served with notices at @ueHon City 4all&
798 2& (n . #ugust .$ defendant City Council passed (rdinance +o& 238; ma:ing
it unlawful to operate cellular phone units while inside a moving vehicle and penaliHing any
violations with a fine of P.$000&00 for each offense in addition to impounding of the cellular
phone unit& 'he relevant portions of the (rdinance are$ as followsE
6@uote the relevant portions7
3& 'he a%ove!5uoted portion is am%iguous %ecause it leaves unfettered discretion to
the authorities to stop even urgent and important calls which may %e made only while the
person is in transit& It fails to consider that$ due to the worsening traffic conditions in *etro
*anila$ ma<ority of %usiness is conducted in transit and over cellular phones& Plaintiff is a
lawyer who fre5uently has to dictate important pleadings over the phone while in transit due
to the worsening traffic condition& 'he (rdinance appears to %ar his doing so %ut plaintiff is
unaware of the limits of permissi%le action under the (rdinance&
8& Unless declaratory relief is granted$ plaintiff will suffer grave and irrepara%le in<ury
%ecause 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&
7:8 )4E"E,("E$ plaintiff respectfully prays that this 4onora%le Court grant
declaratory relief and declare plaintiffBs rights and duties under the (rdinance&
7<8 6-gd&7 #''ICU- ,I+C4
J#ddressK
2?
d. Fuo Garranto
6Caption and title7
C(*PL#I+'
718 .& 64tate the capacity and address of 0oth plaintiff and defendant-7
798 2& 64tate fully and clearly the facts and circu(stances sho6in/ that defendant is
unla6fully occupyin/ a pu0lic office and that plaintiff is entitled to hold the sa(e office-7
3& 64tate that plaintiff has de(anded that defendant vacate said office and deliver it
to plaintiff 0ut that defendant has unla6fully refused to do so-)
7:8 )4E"E,("E$ plaintiff respectfully prays that a writ of 5uo warranto issue ousting
and excluding defendant from occupying the office of CCCCCCCCCCCC and declare that plaintiff
is entitled to the said office and that he %e placed forthwith in possession thereof&
7<8 6-gd&7 #''ICU- ,I+C4
J#ddressK
2
III. !LEA/IN5S AN/ OT6ER LE5AL FOR#S IN CRI#INAL !ROCE/,RE
6. Co$&'aintDA++ida1it and CounterDA++ida1it
1. Co$&'aintDA++ida1it
City of *a:ati 7 s&s&
CO#!LAINTDAFFI/A*IT
718 I$ #A SELAN$ of legal age$ ,ilipino$ 6ith assistance of counsel$ and 798 resident
of 8 Privet 0rive$ 'riple I 1illage$ *a:ati$ do here%y state under oath thatE
.& I am a mem%er of the 'riple I 1illage 4omeownerBs #ssociation 6N#ssociationO7
and was formerly a 0irector and Corporate -ecretary of the #ssociation&
7:8 2& I accuse and here%y charge #R. #A IN5AH$ residing at ; Privet 0rive$ 'riple
I 1illage$ *a:ati$ of violating #rticle 3;? of the "evised Penal Code 6-lander and (ral
0efamation7$ committed against me when he pu%licly$ maliciously and deli%erately uttered
defamatory remar:s against me during the Board *eeting of the #ssociation on 2> /anuary
200>& 'his is attested to %y the following exchange that transpired %etween *r& Ingay and
the other mem%ers of the Board in attendanceE
6@uote Exchange7
#ttached as ANNEI A is a copy of the official transcript of the meeting&
3& Prior resort to the Barangay conciliation system proved fruitless as *r& Ingay did
not retract his remar:s& Conse5uently$ a NCertification to ,ile #ctionO was issued %y the
Barangay Chairperson$ a copy of which is attached as ANNEI B&
8& 'here is no other person named N*a -elanO residing at 'riple I 1illage nor is there
any other person named N*a -elanO who has acted as Board *em%er of the #ssociation&
Conse5uently$ *r& IngayBs pu%lic and defamatory utterance was clearly a reference to me
and to no other&
;& *r& *a IngayBs remar:s$ calling me a swindler twice over$ uttered in a pu%lic
meeting are clearly insulting and defamatory as they malign me and attri%ute to me a
criminal act$ nature and predisposition& 'here is$ moreover$ no dou%t that *r& IngayBs use of
the word NswindledO was deli%erate as his explanation and clarification a few utterances
thereafter would show& *r& IngayBs remar:s are also very serious as they cast aspersions on
my reputation$ character and very person %efore my peers and fellow homeowners&
=& *r& IngayBs remar:s have in<ured my name$ reputation and character %efore my
neigh%ors and peers& )hile my name$ reputation and character are incapa%le of pecuniary
estimation as these are the result of a lifetimeBs effort to %uild a name$ reputation and
character that my children and their children can %e proud to %ear$ *r& Ingay cannot %e
allowed to simply go scot!free without %earing the conse5uences of his acts& ,or this reason$
I a$ a'%o ho'din. #r. #a In.a( 'ia"'e ci1i''( +or de+a$in. $e in the a$ount o+ One
#i''ion !e%o% (!1BBBBBB.BB) in no$ina' da$a.e% Fi1e 6undred Thou%and !e%o%
(!<BBBBB.BB) in $ora' da$a.e% and Fi1e 6undred Thou%and !e%o% (!<BBBBB.BB)
in e2e$&'ar( da$a.e%&
'( '4E '"U'4 (, '4E ,("E2(I+2$ I have signed this Complaint!#ffidavit on .3 #pril
200>&
7;8 6-gd&7 #A SELAN
Complainant!#ffiant
7<8 -UB-C"IBE0 #+0 -)("+ '( BE,("E *E this .3
th
day of #pril 200>&
6-gd&7 Investigating Prosecutor
7=8 CERTIFICATION
I 4E"EBD CE"'I,D '4#' I 4#1E PE"-(+#LLD EI#*I+E0 '4E #,,I#+' #+0 #*
-#'I-,IE0 '4#' 4E 1(LU+'#"ILD EIECU'E0 #+0 U+0E"-'((0 4I- #,,I0#1I'&
6-gd&7 Investigating Prosecutor
30
2. CounterDA++ida1it
City of *a:ati 7 s&s&
C(U+'E"!#,,I0#1I'
"eE I&-& +o& .=.3
718 I$ #A LABO of legal age$ 6ith assistance of counsel$ do here%y state under oath
thatE
.& I am the Chief of -taff of the *ayor of @ueHon City$ and have %een occupying said
post since his election to the post in .?& In said capacity$ I am in charge of coordinating
the day!to!day affairs and activities of his (ffice&
798 2& I recently learned that I have %een made a respondent in I&-& +o& .=.3$ a
charge for estafa$ filed %y a certain #A 5,LAN5 on . /anuary 200> %efore the (ffice of
the City Prosecutor for @ueHon City&
3& 'he charge is %ased on a supposedly unpaid account for the purchase of seven 6>7
+extel phone units %y a *r& *#+22# 2#+'-( of the @ueHon City "escue and Environmental
0istress Unit$ which made the *ayor their 4onorary Chairman with no direct functionsF he
has %een supporting their activities financially with voluntary contri%utions&
7:8 8& 'here is no truth to the allegations in *# 2UL#+2Bs complaint& 'here is no
factual nor legal %asis to charge me with estafa& 'he Complaint must %e dismissed& 'o re%ut
and contradict *# 2UL#+2Bs malicious lies$ I set forth the true circumstances leading to the
transaction %elowE
8&.& -ometime last year$ *s& 2ulang called the office of the *ayor$
loo:ing for himF I informed her that he was not around& I too: a message from
her saying that she was a friend of the *ayor and that she was selling +extel
units and if we wanted to %uy units from her& I informed her that %oth the
*ayor and I had our units alreadyF she then told me if the *ayor could refer
her to prospective clients& )hen the *ayor arrived$ I relayed the message to
him&
8&2& @uite coincidentally$ *r& 2antso had called the *ayor as:ing if he
could assist in securing +extel units& 'he *ayor as:ed me to call *s& 2ulang&
*r& 2antso and *s& 2ulang were a%le to meet$ as a result&
8&3& (n that day$ *s& 2ulang %rought the units to the *ayorBs (fficeF
she met with *r& 2antso inside the *ayorBs office& 'hey transacted %usiness
inside the *ayorBs (ffice and only passed %y my office on their way out&
8&8& -ome time after that$ *s& 2ulang phoned me and told me that *r&
2antso had not paid her the amount of P..$000&00 for the units& -omewhat
em%arrassed %y this$ I called *r& 2antso and told him to pay *s& 2ulangF he
assured me that he would pay her %ut that he <ust needed to collect money
from the rest of the group&
8&;& #fter persistent calls from *s& 2ulang telling me that *r& 2antso
had not yet paid$ I gave her the telephone num%er of 2antso so that she could
<ust call him directly& But even then$ I would still get calls from *s& 2ulangF
and when she started to get angry over the telephone$ I set up an
appointment for *r& 2antso to meet with her at the (ffice&
8&=& 'hereafter$ I would still receive phone calls telling me that *r&
2antso had yet to payF I would follow up with *r& 2antso %ut he simply gave
me this promise that he would pay&
;& It is utterly inexplica%le that *s& 2ulang would hold me lia%le for estafa when all
that I did was to refer *s& 2ulang to *r& 2antsoF to a certain extent$ I even exerted my %est
efforts to see that *s& 2ulang was paid due simply to my great em%arrassment at the
prospect of %eing accused of referring a person who does not :now how to pay for an
o%ligation&
=& ,or this reason$ it is certainly incomprehensi%le that I should stand accused of
estafa %y *s& 2ulang& I &er+or$ed no act o+ deceit or +raud a.ain%t her in orderin.
the unit%. I &er+or$ed NO ACT that e1en re$ote'( re%e$"'e% ANH o+ the act%
&uni%hed under Artic'e :1<& If at all$ any cause of action is PU"ELD CI1IL in nature and
that lia%ility does not pertain to my personal account in the a%sence of a showing that I
3.
%enefited from the +extel units 6which *s& 2ulang does not even allege and cannot prove7F
any civil lia%ility should pertain to the (ffice of the *ayor$ not to me&
>& Considering the foregoing$ I respectfully su%mit that there is no pri(a facie %asis
to conclude that the crime of Estafa or that any crime at all has %een committed& 'he
Complaint against me should$ thus$ %e dismissed&
'( '4E '"U'4 (, '4E ,("E2(I+2$ I have signed this -tatement on 3 ,e%ruary
200>&
7;8 6-gd&7 *# L#B(
#ffiant
!L,S-
1. 7<8 1erification
2. 7=8 Certification
32
'. In+or$ation and Co$&'aint
1. In+or$ation (with Certi+icate o+ !re'i$inar( In1e%ti.ation or In0ue%t)
a. Bi.a$(
6Caption7
PE(PLE (, '4E P4ILIPPI+E-$
Plaintiff$
Criminal Case +o& 00;=>
! versus ! ,orE Bigamy
PI 9U'I+$
#ccused&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
I+,("*#'I(+
'he Undersigned accuses PI 9U'I+ of the crime of Bigamy$ committed as followsE
'hat on or a%out 3 /uly 200=$ in the City of @ueHon and within the
<urisdiction of this 4onora%le Court$ the said accused$ %eing then legally
married to BIL *(9($ and without such marriage having %een legally
dissolved and thus valid and existing$ did wilfully$ unlawfully and felicitously
contract a second marriage with #-# )# in the City of @ueHon&
C(+'"#"D '( L#)&
ELLI(' +E--
#ssistant City Prosecutor
CE"'I,IC#'E (, P"ELI*I+#"D I+1E-'I2#'I(+
I here%y certify that a preliminary investigation in this case was conducted %y me in
accordance with lawF that I examined the Complainant and her witnessesF that there is
reasona%le ground to %elieve that the offense charged had %een committed and that the
accused is pro%a%ly guilty thereofF that the accused was informed of the Complaint and of
the evidence su%mitted against him and was given the opportunity to su%mit controverting
evidenceF and that the filing of this Information is with the prior authority and approval of
the City Prosecutor&
ELLI(' +E--
-UB-C"IBE0 #+0 -)("+ '( BE,("E *E this
th
day of #ugust 200= in @ueHon City&
#L C#P(+E
City Prosecutor
Bail "ecommendedE P.0$000&00
33
b. The+t
6Caption7
Plaintiff$
! versus ! ,orE 'heft
9LEP'( *#+I#C$
#ccused&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
I+,("*#'I(+
'he Undersigned accuses 9LEP'( *#+I#C of the crime of 'heft$ committed as
followsE
'hat on or a%out 3 /uly 200=$ in the City of @ueHon and
within the <urisdiction of this 4onora%le Court$ the said accused$
then .. years old and without any :nown address$ willfully$
unlawfully and feloniously$ with intent to gain$ without force
upon things or violence upon persons and without the
:nowledge and consent of *# #L#4#-$ the owner$ too: a gold
nec:lace studded with diamonds valued at (ne 4undred
'housand Pesos 6P.00$000&007 to the pre<udice of said owner&
C(+'"#"D '( L#)&
ELLI(' +E--
CE"'I,IC#'I(+ #- '( C(+0UC' (, I+@UE-'
I here%y certify that the accused was lawfully arrested without a warrant and that$
upon %eing informed of his rights$ refused to waive the provisions of #rticle .2; of the
"evised Penal Code and$ for this reason$ an In5uest was conductedF that %ased on the
complaint and the evidence presented %efore me without any countervailing evidence
su%mitted %y the accused$ despite opportunity to do so$ there is reasona%le ground to
%elieve that the accused has committed the crime of theft and should$ thus$ %e held for said
crimeF that this Information was with the prior authority of the City Prosecutor&
ELLI(' +E--
-UB-C"IBE0 #+0 -)("+ '( BE,("E *E this
th
of #ugust 200= in @ueHon City&
#L C#P(+E
City Prosecutor
38
1. Atte$&ted Ra&e
6Caption7
Plaintiff$
! versus ! ,orE #ttempted "ape
*#EL -I#$
#ccused&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
I+,("*#'I(+
'he undersigned accuses *#EL -I# of attempted rape committed as followsE
'hat on or a%out = /une 200;$ in @ueHon City$ the accused did then and
there wilfully$ unlawfully and feloniously enter the house of -E9 -EE$ a
married woman$ and finding that her hus%and was away$ with lewd designs
and %y means of force and intimidation$ commenced directly %y overt acts to
commit the crime of attempted rape upon her person$ to witE while -E9 -EE
was coo:ing lunch$ the accused seiHed her from %ehind$ threw her to the floor$
raised her s:irt$ 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 %rought her neigh%ors to her assistance$
causing the accused to flee from the premises without completing all the acts
of execution&
C(+'"#"D '( L#) with the aggravating circumstance of dwelling&
ELLI(' +E--
!L,S- Certification of Preliminary Investigation or In5uest
3;
d. Fru%trated #urder
6Caption7
Plaintiff$
! versus ! ,orE ,rustrated *urder
*#*# *#'#D$
#ccused&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
I+,("*#'I(+
'he undersigned accuses *#*# *#'#D of frustrated murder committed as followsE
'hat on or a%out 2. #ugust 200=$ in @ueHon City$ the accused did then
and there ta:e a loaded &88 Cali%er *agnum pistol$ directly aim the same
firearm at the person of 1IC 'I*#$ an invalid septuagenarian$ and$ at point
%lan: range$ with intent to :ill$ discharge the firearm twice against the person
of said 1ic 'ima$ inflicting on said 1ic 'ima two 627 wounds on his chest and
stomach$ which wounds would have %een fatal had not timely medical
assistance %een rendered to the said 1ic 'ima&
C(+'"#"D '( L#) with the aggravating circumstances of Evident
Premeditation$ use of firearm and disregard of age&
6-gd&7 ELLI(' +E--
!L,S- Certification of Preliminary Investigation or In5uest
3=
C. #otion%
1. #otion to Fua%h In+or$ation
"E2I(+#L '"I#L C(U"'
Plaintiff$
! versus ! ,orE 'heft
9LEP'( *#+I#C$
#ccused&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
*('I(+ '( @U#-4
798 '4E #CCU-E0$ %y counsel$ respectfully moves to 5uash the Information for the
crime of theft on the followingE
7:8 2"(U+0-
.& I' C(+'#I+- #1E"*E+'- )4IC4$ I, '"UE$ )(UL0 C(+-'I'U'E # LE2#L
/U-'I,IC#'I(+F
2& '4I- C(U"' I- )I'4(U' /U"I-0IC'I(+&
In support$ the accused respectfully states thatE
#"2U*E+'
'he Information alleges that the accused 9LEP'( *#+I#C is eleven 6..7 years old
and without any :nown address& Under #rticle .2$ paragraph 3 of the "evised Penal Code$ a
person over nine years of age and under fifteen$ unless he acted with discernment$ is
exempt from criminal lia%ility&
'here is no allegation that the accused acted with discernment& Even granting said
discernment$ the accused cannot %e tried %ut instead proceeded against under #rticle ?0 of
the "evised 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 %e tried %ut instead shall have the
%enefit of a suspension of all proceedings against him& 'he duty of the court would %e to
commit the minor to the custody or care of a pu%lic or private %enevolent or charita%le
institution for the care and education of homeless and delin5uent children or to the custody
of the 0epartment of -ocial )or: and 0evelopment&
7;8 )4E"E,("E$ it is respectfully prayed that the Information against the accused %e
@U#-4E0 and that the accused %e released immediately from detention&
7<8 @ueHon CityF > /uly 200>&
7=8 6-gd&7 *I'C4 *C0EE"E
Counsel for the #ccused
J#ddressK
!L,S-
1. 7>8 "e5uest for and +otice of 4earing
2. 7?8 Proof of -ervice
3>
2. #otion to Fua%h Search Garrant
718 6Caption7
Plaintiff$
! versus ! Criminal Case +o& 00022
,orE Li%el
1I2 C4#+$
#ccused&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
*('I(+ '( @U#-4 -E#"C4 )#""#+'
'he #CCU-E0$ %y counsel$ respectfully moves for the 5uashal of -earch )arrant +o&
..22 issued %y this 4onora%le Court on and dated .2 /uly 200= %ased on the following
considerationsE
798 .& "ule .2=$ -ec& .0 or the "evised "ules of Court provides expressly that a
search warrant shall %e valid for ten 6.07 days from its date and that thereafter$ it shall %e
void&
2& -earch )arrant +o& ..22 is dated .2 /uly 200=& It was served on the accused on
23 /uly 200=$ the ..
th
day from its dateF this is certified to %y the -worn Inventory and
"eturn executed %y *a<or #lang #lam$ the leader of the searching team 6a copy of which is
already part of the records7& # search was made on the same day$ 23 /uly 200=F pursuant to
said search$ certain o%<ects were seiHed and delivered to the court& Under the law$ the
-earch )arrant is void and must$ thus$ %e 5uashed&
7:8 )4E"E,("E$ it is respectfully prayed that -earch )arrant +o& ..22 %e @U#-4E0
and all o%<ects seiHed under its purported authority %e declared I+#0*I--IBLE under the
exclusionary rule in #rticle III$ -ection 3627 in relation to section 2 of the .?> Constitution&
7;8 @ueHon CityF 2; /uly 200=&
7<8 6-gd&7 *# '#P#+2
Counsel for #ccused
J#ddressK
!L,S-
1. 7=8 "e5uest for and +otice of 4earing
2. 7>8 Proof of -ervice
3?
;. #otion to Su&&re%% E1idence
718 6Caption7
Plaintiff$
! versus ! Criminal Case +o& 00022
,orE Li%el
1I2 C4#+$
#ccused&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
*('I(+ '( -UPP"E-- E1I0E+CE U+L#),ULLD -EIQE0
'he #CCU-E0$ %y counsel$ respectfully moves for the suppression of o%<ects seiHed
on 23 /uly 200=$ pursuant to -earch )arrant +o& ..22 issued %y this 4onora%le Court dated
.2 /uly 200=$ %ased on the following considerationsE
798 .& -earch )arrant +o& ..22 was served on the ..
th
day and is$ thus$ void&
2& 'he motor vehicle seiHed does not fall within the property that may lawfully
%e seiHed&
0iscussion
J.K -earch )arrant +o& ..22 was
served on the ..
th
day and is$ thus$
void&
.& "ule .2=$ -ec& .0 of the "evised "ules of Court provides expressly that a search
warrant shall %e valid for ten 6.07 days from its date and that thereafter$ it shall %e void&
2& -earch )arrant +o& ..22 is dated .2 /uly 200=& It was served on the accused on
23 /uly 200=$ the ..
th
day from its dateF this is certified to %y the -worn Inventory and
"eturn executed %y *a<or #lang #lam$ the leader of the searching team 6a copy of which is
already part of the records7& # search was made on the same day$ 23 /uly 200=F pursuant to
said search$ certain o%<ects were seiHed and delivered to the court& Under the law$ the
-earch )arrant is void&
3& +o valid seiHure may %e made under a void warrant& ,or this reason$ the following
o%<ects must %e suppressedE
Jlist itemsK
J2K 'he motor vehicle seiHed does
not fall within the property that
may lawfully %e seiHed&
8& (n the occasion of the search$ the searching party also NseiHedO accusedBs green
/aguar I/E with license plate$ N+o& .R$ allegedly for %eing su%<ect of the offense& 'hereafter$
it was impounded and :ept at the P+P *otor Pool&
;& 'he motor vehicle cannot %e su%<ect of the offense as accused is charged with
li%el& 'here is no relation %etween the motor vehicle and li%el&
=& *oreover$ the motor vehicle is not mala prohi%ita that would <ustify a seiHure
thereofF neither could there %e a seiHure of evidence in plain view&
7:8 )4E"E,("E$ it is respectfully prayed that all o%<ects seiHed under the void
-earch )arrant +o& ..22 %e declared I+#0*I--IBLE under the exclusionary rule in #rticle III$
section 3627 in relation to -ection 2 of the .?> Constitution& ,urthermore$ it is prayed that
the 2reen /aguar I/E with license plate N+o& .R %e immediately returned to the accused&
7;8 @ueHon CityF 2; /uly 200=&
7<8 6-gd&7 *# '#P#+2
Counsel for #ccused
J#ddressK
!L,S-
1. 7=8 "e5uest for and +otice of 4earing
2. 7>8 Proof of -ervice
3
>. #otion +or Bai'
718 6Caption7
Plaintiff$
! versus ! ,orE *urder
+#9# PII'$
#ccused&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
*('I(+ ,(" B#IL
798 '4E #CCU-E0$ %y counsel$ respectfully moves to %e allowed %ail on the ground
that the 7:8 prosecutionBs evidence of his guilt is not strong& In support$ he respectfully
su%mits the followingE
.& 'he Information alleges that he raped the private complainant on 2; 0ecem%er
200; at his residence in @ueHon City& 'he prosecutionBs own evidence$ however$ %elies this
allegation asE 6a7 the medical certificate 6attached as #++EI # to the Information7 states
that private complainant is in a virgin state with no physical and outward signs of traumaF
6%7 the medical certificate issued %y the +BI doctor 6attached as #++EI B to the
Information7 after a physical examination of the accused$ two 627 days after the alleged
rape$ shows that he is suffering from erectile dysfunction and has %een so afflicted for close
to five 6;7 years now and 6c7 the sworn statements of the private complainant conflict with
and contradict each other such that her credi%ility must %e placed in dou%t&
2& ,or these reasons$ there is no %asis to conclude that the accused raped the
private complainant as there is less than circumstantial evidence of this fact& 4e is$ thus$
entitled to %ail as a matter of right&
)4E"E,("E$ it is respectfully prayed that the accused %e grantedE 6.7 a %ail hearing$
during which the prosecution should %e directed to present its evidence to show the
strength of its evidence of the accusedBs guilt$ and 627 thereafter$ grant the accused
reasona%le %ail&
@ueHon CityF > /uly 200>&
J#ddressK
!L,S- "e5uest for and +otice of 4earing
80
D. A&&'ication +or Bai'
718 6Caption7
Plaintiff$
! versus ! Criminal Case +o& ..8?>?
"ECD 0I1I-'$
#ccused&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
#PPLIC#'I(+ ,(" P"(B#'I(+
'4E #CCU-E0$ %y counsel$ respectfully applies for pro%ation pursuant to the
provisions of Presidential 0ecree +o& =?$ as amended&
In support of this application$ the accused respectfully su%mits the followingE
.& #ccused!applicant is of legal age and currently gainfully employed at #-+
Broadcasting Corporation located at 'imog #venue$ @ueHon City& (n 23 ,e%ruary 200>$ she
pleaded NguiltyO to the offense charged hereinF conse5uently$ this 4onora%le Court in its
(rder dated ? *arch 200> sentenced accused!applicant to an indeterminate penalty ranging
from three 637 years to five 6;7 years of prision correccional&
798 2& #ccused!applicant hum%ly su%mits that she possesses all the 5ualifications
and none of the dis5ualifications enumerated under section 2 of Presidential 0ecree +o&
=?$ specificallyE
2&.& -he has not %een convicted of any crime against national security
or pu%lic orderF
2&2& -he has not %een previously convicted %y final <udgment of an
offense punisha%le %y imprisonment of not less than one 6.7 month and one
6.7 day andAor a fine of not less than 'wo 4undred Pesos 6P200&007F
2&3& -he has not previously applied for nor had %een previously placed
under pro%ation under Presidential 0ecree +o& =?&
2&8& -he has not started to serve her sentence and$ to date$ has not
filed any +otice of #ppeal from the (rder of conviction&
3 ,inally$ granting this application will not in any way depreciate the seriousness of
the offense charged nor cause any undue ris: that during the period of pro%ation$ accused!
applicant will commit another crime& *oreover$ accused!applicant does not need any
correctional treatment re5uiring commitment to an institution&
7:8 )4E"E,("E$ accused!applicant respectfully prays that her application for
pro%ation %e 2"#+'E0 and that she %e placed under pro%ation under such terms and
conditions necessary to attain and ensure the o%<ectives of the law and which$ under the
circumstances$ are fair$ <ust and reasona%le in the sound discretion of this 4onora%le Court&
@ueHon City for Pasig CityF .2 *arch 200>&
6-gd&7 #''ICU- ,I+C4
Counsel for #ccused
J#ddressK
!L,S-
1. 7;8 1erification
2. 7<8 "e5uest for and +otice of 4earing
8.
I*. !LEA/IN5S AN/ OT6ER LE5AL /OC,#ENTS CO##ON TO CI*IL AN/
CRI#INAL !ROCE/,RE
A. O++er o+ E1idence and O&&o%ition/Co$$ent to O++er
1. For$a' O++er o+ E1idence
"E2I(+#L '"I#L C(U"'
Plaintiff$
Criminal Case +o& 0000..
! versus !
"ECD 0I1I-'$
#ccused&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
,("*#L (,,E" (, E1I0E+CE
'4E P"(-ECU'I(+$ %y the undersigned pu%lic and private prosecutors$ respectfully
offer their documentary exhi%its in support of their case!in!chiefE
.& Exhi%it #$ the sworn statement of S#lang 9aso$ the private complainant$ and
Exhi%it #!.$ his signatureTto prove that on the date and time stated in the affidavit$ the
accused issued a post!dated chec: in the amount of (ne *illion Pesos 6P.$000$000&007
which$ on presentment for payment$ was dishonored for lac: of insufficient fundsF to prove
authorship and the authenticity of the sworn statementF and as part of the testimony of the
private complainant&
2& Exhi%it B$ the post!dated chec: dated 30 /une 2008$ issued %y the accused in the
amount of (ne *illion Pesos 6P.$000$000&007F Exhi%it B!.$ the dorsal side of the chec: with
notation N0#I,OF Exhi%it B!2$ the signature of accused on face of the chec:Tto prove the
issuance of the chec:$ the amount stated$ the reason for dishonor and the identity of the
issuer& 'he mar:ed copies of Exhi%its # and B are already part of the record&
)4E"E,("E$ the prosecution respectfully prays that the foregoing Exhi%its %e
#0*I''E0 as proof of the facts therein stated and in support of its case!in!chief and for all
other relevant purposes&
ELLI(' +E-- #''ICU- ,I+C4
Pu%lic Prosecutor Private Prosecutor
Copy furnishedE
*I'C4 *C0EE"E
Counsel for #ccused
82
9. Co$$ent/O&&o%ition to O++er
Plaintiff$
Criminal Case +o& 0000..
! versus !
"ECD 0I1I-'$
#ccused&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
C(**E+' (+ '4E P"(-ECU'I(+B-
,("*#L (,,E" (, E1I0E+CE
'4E #CCU-E0$ %y counsel$ respectfully oppose the ProsecutionBs (ffer of Evidence
for the following reasonsE
.& Exhi%it #$ the sworn statement of S#lang 9aso$ the private complainant$ and
Exhi%it #!.$ his signature are I+#0*I--IBLE %ecause the private complainant was never
presented to authenticate the document or su%<ected to cross!examination$ thus$ the
document is hearsay and inadmissi%le&
2& Exhi%it B$ the post!dated chec: dated 30 /une 2008$ issued %y the accused in the
amount of (ne *illion Pesos 6P.$000$000&007F Exhi%it B!.$ the dorsal side of the chec: with
notation N0#I,OF Exhi%it B!2$ the signature of accused on face of the chec: are
I+#0*I--IBLE for violation of the Best Evidence "ule as the original chec: was never
presentedF and no %asis for the presentation of secondary evidence laid&
#CC("0I+2LD$ the #CCU-E0 respectfully su%mits that the ProsecutionBs Exhi%its are
I+#0*I--IBLE and must$ thus$ %e EICLU0E0&
J#ddressK
Copy furnishedE
ELLI(' +E--
Pu%lic Prosecutor
#''ICU- ,I+C4
Private Prosecutor
83
B. /e$urrer to the E1idence
1. Cri$ina' ca%e%
6Caption7
Plaintiff$
Criminal Case +o& 00>
! versus ! ,orE 1iolation of P0 .?==
#+#9I+ -9D)#L9E"$
#ccused&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
0E*U""E" '( '4E P"(-ECU'I(+B- E1I0E+CE
'4E #CCU-E0$ %y counsel$ 6ith leave of court previously o0tained$ respectfully
su%mits this 0emurrer to the ProsecutionBs 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 %urden of proofE
.& Under the Constitution$ the accused is presumed to %e innocent until proven
guilty& 'he effect of this presumption is that it entitles the accused to not say anything in his
defense and places the %urden directly on the prosecution to prove everything relative to his
guilt& 'hus$ 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 %urden of proof shifts to the accused&
2& 'he prosecution has failed to adduce sufficient evidence of guilt such as would
shift the %urden of proof&
2&.& 'he accused is charged with violation of P0 .?==F the gravamen
of the offense is unauthoriHed 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& 'he prosecution has failed to show that the accused had no
license to carry a firearm& 'he proof of the negative element is indispensa%le
to proof of a violation of P0 .?==& )ithout proof of this negative element$ the
crime is not proven&
3& #%sent proof of the negative element$ i&e&$ a%sence of a license$ the offense is not
proven& 'he accused is innocentF he must$ thus$ %e ac5uitted&
)4E"E,("E$ the accused respectfully prays that the Information against him %e
0I-*I--E0 and that he %e #C@UI''E0 of the crime charged&
0#"'4 -I0I(U-
J#ddressK
88
9. Ci1i' ca%e%
6Caption7
#+#9I+ -9D)#L9E"$
Plaintiff$
Civil Case +o& 0000
! versus !
P#0*E #*I0#L#$
0efendant&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
0E*U""E" '( '4E E1I0E+CE
0E,E+0#+'$ %y counsel$ 6ith leave of court previously sou/ht and /ranted$
respectfully su%mits this 0emurrer to the Evidence %ecause plaintiff has failed to prove
entitlement to his claims %y a preponderance of evidenceE
.& 'his action see:s to collect a sum of money arising from a contract&
2& Plaintiff$ after resting his case$ has failed toE 6a7 prove the authenticity of the
contract$ 6%7 the extent of the o%ligation under the contract$ 6c7 the demanda%ility of the
o%ligation under the contract and 6d7 defendantBs lia%ility for the o%ligation and damages&
3& Conse5uently$ plaintiff has failed to prove his claims %y a preponderance of
evidence and defendant is entitled to a dismissal of the Complaint against her&
)4E"E,("E$ defendant respectfully prays that the Complaint against her %e
0I-*I--E0&
6-gd&7 (BI )#+ 9E+(BI
J#ddressK
8;
5. Notice o+ Li% !enden%
8
th
/udicial "egion
"E2I(+#L '"I#L C(U"'
Branch >.$ #ntipolo
0#*I LUP#$
Plaintiff$
Civil Case +o& 00>
! versus ! ,orE "econveyance
#L#+2 LUP#$
0efendant&
x !!!!!!!!!!!!!!!!!!!!!!! x
+('ICE (, LI- PE+0E+-
'4E "E2I-'E" (, 0EE0-
#ntipolo City$ "iHal Province
Please ta:e notice that a parcel of land covered %y 'C' +o .238 located in #ntipolo$
"iHalF registered in the name of defendant is the su%<ect matter of an action for
reconveyance of an undivided one!sixth portion thereof filed %y 0#*I LUP#$ a%ove!named
plaintiff& #ccordingly$ please record this notice on the title&
6-gd&7 #''ICU- ,I+C4
J#ddressK
Copy furnishedE
*I'C4 *C0EE"E$ Es5&
8=
D. A&&earance a% Coun%e'
"E2I(+#L '"I#L C(U"'
Branch .0.$ @ueHon City
#+#9I+ -9D)#L9E"$
Plaintiff$
Civil Case +o& .3;>
! versus ! ,orE Legal -eparation
P#0*E #*I0#L#$
0efendant&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
E+'"D (, #PPE#"#+CE
'4E B"#+C4 CLE"9 (, C(U"'
Please enter the appearance of the undersigned as counsel for defendant Padme
#midala$ with her express conformity as indicated %elow$ in this case& 4enceforth :indly
address all pertinent notices to the undersigned at the address given %elow&
6-gd&7 (BI )#+ 9E+(BI
+o& .$ ImHadi Place
'atooine$ Pasig City
)I'4 *D C(+,("*I'DE
6-gd&7 P#0*E #*I0#L#
Copy furnishedE
0#"'4 -I0I(U-
8>
E. Githdrawa' a% Coun%e'
1. Githdrawa' a% Coun%e'
6Caption7
#+#9I+ -9D)#L9E"$
Plaintiff$
Civil Case +o& .3;>
P#0*E #*I0#L#$
0efendant&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
)I'40"#)#L (, #PPE#"#+CE
'4E B"#+C4 CLE"9 (, C(U"'
Please ma:e of record the )I'40"#)#L of the undersigned as counsel for plaintiff
#+#9I+ -9D)#L9E"$ with his express conformity as indicated %elow$ in this case&
4enceforth :indly address all pertinent notices to plaintiff at his address given in the
Complaint&
6-gd&7 *#CE )I+0U
. Imperial Palace$ Cloud City$ Pasig City
)I'4 *D C(+,("*I'DE
6-gd&7 #+#9I+ -9D)#L9E"
9. Githdrawa' a% Coun%e' GIT6O,T con+or$it( o+ c'ient
6Caption7
#+#9I+ -9D)#L9E"$
Plaintiff$
Civil Case +o& .3;>
P#0*E #*I0#L#$
0efendant&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
)I'40"#)#L (, #PPE#"#+CE
'4E B"#+C4 CLE"9 (, C(U"'
Please ma:e of record the )I'40"#)#L of the undersigned as counsel for plaintiff
#+#9I+ -9D)#L9E" due to irreconcilable professional differences with plaintiff, for
which reason the express conformity of plaintiff cannot be obtained& 4enceforth
:indly address all pertinent notices to plaintiff at his address given in the Complaint&
6-gd&7 *#CE )I+0U
. Imperial Palace$ Cloud City$ Pasig City
8?
F. Su"%titution o+ Coun%e'
6Caption7
#+#9I+ -9D)#L9E"$
Plaintiff$
Civil Case +o& .3;>
P#0*E #*I0#L#$
0efendant&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
-UB-'I'U'I(+ (, C(U+-EL
'4E U+0E"-I2+E0 respectfully enters his appearance as counsel for defendant
Padme #midala in su%stitution of former counsel 0arth *aul$ as shown %y her express
conformity %elow& 4enceforth$ :indly address all pertinent notices to the undersigned at the
address given %elow&
(BI )#+ 9E+(BI
2 Corruscant Place
'atooine "oad$ Pasig City
)I'4 *D C(+,("*I'DE
6-gd&7 P#0*E #*I0#L#
&. Notice o+ A&&ea'
RE5IONAL TRIAL CO,RT
Branch .$ *anila
'#L( +#+$
Plaintiff$
Civil Case +o& 00222
! versus !
P#+# L($
0efendant&
x!!!!!!!!!!!!!!!!!!!!!!!!! x
+('ICE (, #PPE#L
PL#I+'I,,$ %y counsel$ respectfully appeals to the Court of #ppeals the 0ecision of
this 4onora%le Court dated = /uly 200=$ a copy of which he received on .= /uly 200=$ for
%eing contrary to law and the evidence presented&
@ueHon City for *anilaF .> /uly 200=&
6-gd&7 #''ICU- ,I+C4
J#ddressK
Copy furnishedE
*I'C4 *C0EE"E
8
*. !LEA/IN5S AN/ LE5AL /OC,#ENTS ON /O#ESTIC CASES AN/ S!ECIAL
!ROCEE/IN5S
6. !etition +or 6a"ea% Cor&u%
"E2I(+#L '"I#L C(U"'
Branch ..$ *a:ati
I+ "EE PE'I'I(+ ,(" 4#BE#-
C("PU- (, '4E *I+("- LU9E
#+0 LEI# -9D)#L9E"
-P +o& ...338
P#0*E #*I0#L#$
Petitioner&
#+#9I+ -9D)#L9E"$
"espondent&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
PE'I'I(+
.& Petitioner is the mother of the minors Lu:e and Leia -:ywal:er$ who were %orn out
of the valid marriage %etween petitioner and respondent #na:in -:ywal:er&
2& 'he marriage failed and petitioner has %een living separately from respondent
since 2008& -ometime in ,e%ruary 200>$ respondent$ un:nown to petitioner$ a%ducted the
minor children and has :ept them incommunicado and out of petitionerBs reach&
3& Being %elow seven 6>7 years of age$ custody of the minors is naturally presumed
to %elong to petitioner$ as their mother& Conse5uently$ respondentBs refusal to allow
petitioner to regain custody over the minors is unlawful and un<ustified&
)4E"E,("E$ petitioner respectfully prays that a writ of ha%eas corpus issue directing
respondent to ma:e a return showing his legal authority to detain the minor children$
su%<ect of this petition$ and thereafter$ present the minor children personally %efore the
Court on a date and time it chooses&
(BI )#+ 9E+(BI
Counsel for Petitioner
J#ddressK
!L,S- 1erification and Certification against ,orum -hopping
;0
B. !etition +or Ado&tion
I+ "EE PE'I'I(+ ,(" #0(P'I(+
(, #+#9I+ -9D)#L9E"
-P +o& ...338
0#"'4 1#0E" and P#0*E #*I0#L#$
Petitioners&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
PE'I'I(+
PE'I'I(+E"-$ %y counsel$ respectfully state thatE
.& Petitioners are hus%and and wife$ %oth of legal age$ and residents of CCCCCCCCCC&
2& 'hey have no legitimate children of their own and desire to <ointly adopt a minor
named #+#9I+ -9D)#L9E"$ .0 years old$ the legitimate child of CCCCCCCCCCCCCCCCC&
3& 'he parents of the minor are not insane$ intemperate and are in full possession of
civil capacityF they have not a%andoned the minor child& )ith full :nowledge of petitionersB
intention$ they have expressly given their written consent to the adoption$ as shown %y their
statement$ a copy of which is attached as #++EI #&
8& Petitioners are 5ualified to adopt the minor and are financially capa%le of
supporting the minorF they are also morally 5ualified to %ring up and educate the said minor&
)4E"E,("E$ it is respectfully prayed that <udgment %e rendered in petitionersB favor
ad<udging the minor child #+#9I+ -9D)#L9E" freed from all legal o%ligations of o%edience
and maintenance with respect to hisAher natural parents and that heAshe %e declared to all
legal intents and purposes$ the child of herein petitioners and that hisAher surname %e
changed to that of petitioners&
6-gd&7 *#-'E" D(0#
J#ddressK
;.
5. !etition +or /ec'aration o+ Nu''it( o+ #arria.e with A&&'ication +or
!ro1i%iona' Order%
JCaption and 'itleK
.& Petitioner is a ,ilipino citiHen$ of legal age and married to respondent& ,or
purposes of this petition$ she may %e served with notices and other pertinent processes
through counsel at Jaddress of counselK&
2& "espondent is a ,ilipino citiHen$ of legal age$ currently employed at Jstate
employerK and married to petitioner& 4e may %e served with summons and other pertinent
orders and processes of this Court at Jstate addressK
3& Petitioner and respondent were married on JdateK and out of this marriage$ they
have Jstate num%er of children$ respective agesK& # copy of the *arriage Contract executed
%y petitioner and respondent is attached as ANNEI AF a copy each of the %irth certificates
of the minor children is attached as ANNEI B C and /$ respectively&
8& Petitioner and respondent are currently separated in fact and have %een so since
*ay 200.& 'he reason for the continuing separation in fact is the %rea:down of the
marriage due to %oth petitionerBs and respondentBs mutual psychological incapacity to fulfill
and discharge their respective marital o%ligations to each other$ which existed at the time of
the marriage in .? %ut manifested itself well into the marriage
;& 'he mutual psychological incapacity of the parties to remain married to each
other appears to %e incura%leF 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&
=& In compliance with <urisdictional re5uirements$ petitioner su%mitted herself to a
psychological and clinical assessment %y a trained professional$ Clinical Psychologist Jstate
nameK& 0espite several attempts$ respondent refuses to agree to any so%er and productive
discussion with petitioner and is always highly emotional and angry$ it was$ thus$
impractica%le to secure a psychological report and profile of respondentF should this %ecome
material$ petitioner reserves the right to re5uest respondent to su%mit to a psychological
examination for purposes of confirming the mutual psychological incapacity to remain
married to each other&
>& PetitionerBs psychological incapacity is descri%ed in clinical terms as %eing
consistent with a 1=.&. Partner "elational Pro%lem and is said to have N*asochistic
Personality 0isorderO or N30.& Personality 0isorder +ot (therwise -pecifiedOF on the other
hand$ the assessment given %y the psychologist of respondentBs psychological ma:e!up is
that he has a N30.&20 -chiHoid Personality 0isorder with narcissistic featuresO which is
descri%ed as Ngrave$ incura%le and has antecedents&O 'he psychological ma:e!up of
petitioner and respondent is explained in greater detail in the C'inica' A%%e%%$ent Re&ort
6N"eportO7 dated 2? 0ecem%er 200=$ a copy of which is attached as ANNEI E&
?& 'heir minor children are in petitionerBs custody and are %eing supported %y her
financially and emotionally&
& Petitioner su%mits that$ despite the partiesB mutual psychological incapacity to
remain married to each other$ the interests of the children are %est served %y having them
remain in her custody$ with visitation rights extended to respondent& #ll of the children are
minors and$ under the law$ children under seven 6>7 years of age shall not %e separated
from the mother$ save for exceptional circumstances which do not exist in this case&
.0& Petitioner cannot$ however$ provide for all the financial needs of the children as
she is only earning a limited amount of money from her wor: whereas respondent is
gainfully employed and earns more than enough for his own personal needs& Petitioner
earns only 6state amount7 from her wor: as shown %y her payslip attached as ANNEI F
whereas respondent earns 6state amount7 from his wor: as shown %y his payslip attached as
ANNEI 5& 'he common property of petitioner and respondent is insufficient for the support
of the children& "espondent must$ thus$ %e directed to give support to his children in the
amount of 6state amount7&
)4E"E,("E$ petitioner respectfully prays that P"(1I-I(+#L ("0E"- for child
custody and child support %e issued giving to petitioner custody pendente lite over their
minor children and directing respondent to give monthly support in the amount of 6state
amount7$ su%<ect to any ad<ustments that may %e made %ased on changing earning capacity
as well as needs&
;2
Petitioner also prays that$ after trial$ <udgment %e rendered in her favor %y declaring
petitioner to %e psychologically incapacitated to comply with the essential o%ligations of her
marriage to respondent$ thus !!
J.K 0eclaring the marriage %etween petitioner and respondent a nullity and$
%y this to:en$ ordering the dissolution of the con<ugal partnership of gainsF
and
J2K #warding permanent custody of the children to petitioner$ with express
ac:nowledgement of respondentBs visitation rightsF
J3K #warding support in the amount of 6state amount7 su%<ect to ad<ustments
to %e made depending on changes in earning capacity and needs of the
children&
#ll other <ust and e5uita%le reliefs are also prayed for&
6-gd&7 #''ICU- ,I+C4
J#ddressK
;3
D. !etition +or !ro"ate o+ a 6o'o.ra&hic Gi''
"E2I(+#L '"I#L C(U"'
Branch 30$ -an /uan
"EE P"(B#'E (, '4E 4(L(2"#P4IC
)ILL (, P#BLI+2 -I#&$
-P P"(C& +o& 0023
P#LI+2 9E"#$
Petitioner$
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
PE'I'I(+
.& Petitioner is a ,ilipino citiHen and the widow of the deceased&
2& (n .= #ugust 200=$ P#BLI+2 -I# died$ having previously executed a holographic
will in his own handwriting and in a language :nown to him& # copy of the will is attached as
#++EI #& 'he handwriting may %e attested to as his %y his secretary of long standing$ '(*
C"UQ&
2& 'he deceased left a house and lot located at +o& ;;;$ 'una "oad$ *arinara
-u%division$ @ueHon City and cash amounting to ,ifty 'housand Pesos 6P;0$0007F he had no
de%ts&
3& 'he deceasedBs only heirs are herein petitioner and their son$ P#BLI+2 -I# /"&$
%oth of whom are residing at +o& ;;;$ 'una "oad$ *arinara -u%division$ @ueHon City&
)4E"E,("E$ it is respectfully prayed that after due notice and pu%lication this
4onora%le Court fix the date for the pro%ate of the holographic will and that letters of
administration %e issued in favor of the herein petitioner and thereafter ad<udicate the
properties of the deceased in accordance with the said holographic will&
J#ddressK
;8
*I. /EE/S CONTRACTS AN/ OT6ER COR!ORATE LE5AL /OC,#ENTS
6. S&ecia' !ower o+ Attorne(
-PECI#L P()E" (, #''("+ED
9+() #LL *E+ BD '4E-E P"E-E+'-E
I$ (BI )#+ 9E+(BI$ of legal age$ and resident of 'atooine$ do here%y name$
constitute and appoint P#0*E #*I0#L#$ of legal age$ and resident of +a%oo$ to %e my true
and lawful #ttorney!in!,act and in my name$ place and stead$ do perform the following
specific act6s7E
6-pecify the particular actAs to %e performed7
2iving and granting unto said attorney!in!fact power and authority to do every act
necessary and re5uired in connection with these presents$ and here%y ratifying and
confirming all that she may do %y virtue of these presents&
I+ )I'+E-- )4E"E(,$ I have signed this -pecial Power of #ttorney this > /uly 200>
at 'atooine&
6-gd&7 (BI )#+ 9E+(BI
Principal
-I2+E0 I+ '4E P"E-E+CE (,E
6-gd&7 "202
6-gd&7 C3P(
#c:nowledgment
B. 5enera' !ower o+ Attorne(
2E+E"#L P()E" (, #''("+ED
9+() #LL *E+ BD '4E-E P"E-E+'-E
I$ (BI )#+ 9E+(BI$ of legal age$ and resident of 'atooine$ do here%y name$
constitute and appoint P#0*E #*I0#L# to %e my true and lawful attorney!in!fact$ for me
and in my name$ place and stead$ to do and perform the following acts$ to witE
6-pecify general acts that #ttorney!in!,act may do7
2iving and granting unto my said #ttorney!in!,act full power and authority necessary
and re5uired 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 su%stitution and revocation$ and here%y
ratifying and confirming all that my said attorney!in!fact or his su%stitute shall lawfully do or
cause to %e done under and %y virtue of these presents&
I+ )I'+E-- )4E"E(,$ I have signed this instrument this > /uly 200> at 'atooine&
6-gd&7 (BI )#+ 9E+(BI
Principal
-I2+E0 I+ '4E P"E-E+CE (,E
6-gd&7 "202
6-gd&7 C3P(
#c:nowledgment
;;
5. Contract o+ Lea%e
C(+'"#C' (, LE#-E
9+() #LL *E+ BD '4E-E P"E-E+'-E
'his #greement made and entered into at *a:ati this >
th
day of /uly 200> %y and
%etween 0#*I B#4#D$ of legal age$ married to #-# )#$ 6LE--("7 and resident of *a:ati
City$ and #L#+2 B#4#D$ of legal age$ single and resident of @ueHon City 6LE--EE7$
)I'+E--E'4 thatE
.& In consideration of a monthly rental of ,I1E '4(U-#+0 PE-(- 6P;$000&007 and
the covenants made %elow$ the LE--(" here%y LE#-E- to the LE--EE an apartment
located at . -an #ntonio 1illage$ *a:ati City covered %y 'ax 0eclaration +o& 00. 6*a:ati
City #ssessorBs (ffice7 for a period of ')EL1E 6.27 *(+'4- from signing of this contract&
2& 'he LE--EE covenants$ as followsE
2&.& 'o pay the rentals on or %efore the fifth day of each month$
without need of demand at the residence of LE--("F
2&2& 'o :eep the premises in good and ha%ita%le condition$ ma:ing the
necessary repairs and painting inside and outside the houseF
2&3& +ot to ma:e ma<or alterations and improvements without the
written consent of the LE--(" and in the event of such unauthoriHed ma<or
alterations and improvements$ surrendering ownership over such
improvements and alterations to the LE--(" upon expiration of this leaseF
I+ )I'+E-- )4E"E(,$ the parties have signed this contract on the date and the
place first mentioned&
0#*I B#4#D #+2 B#4#D
Lessor Lessee
)ith my consentE
#-# )#
#c:nowledgment
BE,("E *E$ a +otary Pu%lic for *a:ati City$ personally appeared on the >
th
of /uly
200>$ the following persons$ with their respective C'C details indicated %elowE
0#*I B#4#D C'C +o& CCCCCCCCCCCC issued atAon
#L#+2 B#4#D C'C +o& CCCCCCCCCCCC issued atAon
:nown to me to %e the same persons who executed the foregoing instrument$ denominated
as a Contract of Lease consisting of CC pages$ signed on each and every page %y the parties
and their instrumental witnesses$ having ac:nowledged the same %efore me as their own
free and voluntary act and deed&
'( '4E '"U'4 (, '4E ,("E2(I+2$ witness now my hand and seal on the date and
place mentioned a%ove&
+&(& '#"I(
Until 0ecem%er 3.$ 200>
P'" +o& 0000...A.A0;A$ *a:ati City
0oc& +o&
Page +o&
Boo: +o&
-eries of 200>&
;=
D. 6o'o.ra&hic Gi''
-an /uan$ *etro *anila
> /uly 200>
I here%y execute this holographic will$ in my handwriting and in the English language
which I :now how to read and write$ %e5ueathing my house and lot located at +o& ;;;$ 'una
"oad$ *arinara -u%division$ @ueHon City to my son$ P#BLI+2 -I# /"&$ and cash amounting to
,ifty 'housand Pesos 6P;0$0007 to my spouse$ P#LI+2 9E"#&
6-gd&7 P#BLI+2 -I# -"&
E. Notaria' Gi''
L#-' )ILL #+0 'E-'#*E+'
of
P#BLI+2 -I#$ -"&
9+() #LL *E+ BD '4E-E P"E-E+'-E
I$ P#BLI+2 -I#$ -"&$ of legal age$ married to P#LI+2 9E"#$ a native of Lipa City$
Batangas$ now actually residing at -an /uan$ *etro *anila$ %eing of sound and disposing
mind and memory$ and not acting under influence$ violence$ fraud or intimidation of
whatever :ind$ declare this to %e my Last )ill and 'estament which I have caused to %e
written in English$ the language which is :nown to me& #nd I here%y declare thatE
I& 'he following are my children and their addressesF
6+ame of children and addresses7
II& I give and %e5ueath to my children CCCCCCCCCC$ CCCCCCCCCC$ and
CCCCCCCCCC$ in e5ual shares$ the following properties$ real and personal$ whatsoever
and wheresoever locatedE
60escription of property7
III& I designate CCCCCCCCCCCCCCC as the sole executor of this Last )ill and
'estament&
I+ )I'+E-- )4E"E(,$ I have set my hand this >
th
day of /uly 200> in -an /uan$ *etro
*anila&
6-gd&7 P#BLI+2 -I#$ -"&
;>
2. Atte%tation C'au%e +or a Notaria' Gi''
#''E-'#'I(+ CL#U-E
)E$ the undersigned witnesses$ whose residences are stated opposite our respective
names$ do here%y certify thatE the testator CCCCCCCCCCCCCCCCC has pu%lished unto us the
foregoing will consisting of CCC pages num%ered correlatively in letters on the upper part of
each page$ as hisAher last will and testament and has signed the same and every page
thereof$ on the left margin$ in our <oint presence and we$ in turn$ at hisAher re5uest 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&
-#9-I . "esidence
-#9-I 2 "esidence
-#9-I 3 "esidence
&. Ac4now'ed.$ent o+ a Notaria' Gi''
/(I+' #C9+()LE02*E+'
BE,("E *E$ +otary Pu%lic for and I the City of -an /uan$ Philippines$ this >
th
day of
/uly$ 200>$ personally appearedE
P#BLI+2 -I#$ -"& 6'estator7$ with 1alid Identification 0ocument CCCCCCC issued
%y 6official agency7$ on = /uly 200=F
-#9-I . 6)itness7$ with 1alid Identification 0ocument CCCCCCC issued %y
6official agency7$ on = /uly 200=F
-#9-I 2 6)itness7$ with 1alid Identification 0ocument CCCCCCC issued %y
-#9-I . 6)itness7$ with 1alid Identification 0ocument CCCCCCC issued %y
all :nown to me to %e the same persons who signed the foregoing )ill$ the first as testator
and the last three as instrumental witnesses$ and they respectively ac:nowledged to me
that they signed the same as their own free act and deed&
'his )ill consists of CCC pages$ including the page in which this ac:nowledgment is
written$ and has %een signed on the left margin of each and every page thereof %y the
testator and his witnesses and has %een sealed with my +otarial seal&
I+ )I'+E-- )4E"E(,$ I have set my hand the day$ year and place written&
6-gd&7 +& (& '#"I(
+otary Pu%lic
0oc& +o&
Page +o&
Boo: +o&
-eries of 200>&
;?
6. /onation Inter *i1o%
0EE0 (, 0(+#'I(+
9+() #LL *E+ BD '4E-E P"E-E+'-E
'his 0eed of 0onation$ made and executed %y L#LI* BUL-#$ of legal age$
singleAmarried$ and resident of CCCCCCCCCCCCCCC 6N0onorO7 in favor of 0#*I U'#+2$ of legal
age$ singleAmarried and resident of CCCCCCCCCCCCCCCCC 6N0(+EEO7 )I'+E--E'4E
'hat the 0(+(" is the owner of that certain real property with the %uildings and
improvements thereon$ situated in CCCCCCCCCCCCCCCCC$ and more particularly descri%ed in
(riginalA'ransfer Certificate of 'itle +o& CCCC of the land registry of CCCCCCCCCCCCC$ as followsE
6Copy description of property in title7
'hat for and in consideration of the love and affection which the 0(+(" has for the
0(+EE$ the said 0(+("$ %y these presents$ transfers and conveys$ %y way of donation$ unto
said 0(+EE$ hisAher heirs and assigns$ the a%ove descri%ed real property with all the
%uildings and improvements thereon$ free from all liens and encum%rancesF
'hat the 0(+(" does here%y state$ for the purpose of giving full effect to this
donation$ that heAshe has reserved for himselfAherself in full ownership sufficient property to
support himAher in a manner appropriate to hisAher needsF
'hat the 0(+EE does here%y accept this donation of the a%ove!descri%ed property$
and does here%y express gratitude for the :indness and li%erality of the 0(+("&
I+ )I'+E-- )4E"E(,$ the 0(+(" and the 0(+EE have signed this deed on > /uly
200> and at @ueHon City$ Philippines&
L#LI* BUL-#
0onor
#CCEP'E0E
0#*I U'#+2
0onee
-I2+E0 I+ '4E P"E-E+CE (,E
6-gd&7 *I"(+ .
6-gd&7*I"(+ 2
!L,S- #c:nowledgment
;
I. Ac4now'ed.$ent o+ No$inee Statu% with A%%i.n$ent o+ Share%
#C9+()LE02*E+' (, +(*I+EE -'#'U- )I'4 #--I2+*E+' (, -4#"E-
I$ 2E("0I L# ,("2E$ 6N+omineeO7$ of legal age$ and with office address at CCCCCCCCCC$
here%y ac:nowledge my status as nominee for )ILLI#* "I9E" 6Nthe PrincipalO7 for the
purpose of holding title to CCC shares of stoc: in the Enterprise 4oldings Inc& 6Nthe
CorporationO7& #s nominee$ I here%y une5uivocally confirm that the Principal is the exclusive
and a%solute owner of the su%<ect shares& #ccordingly$ the relationship %etween the
principal and the nominee with respect to the su%<ect shares is governed %y the following
terms and conditionsE
.& #ll dividends$ whether cash$ stoc: or property$ rights and other privileges$
accruing on the su%<ect share shall %e for the account and %enefit of the
principalF accordingly$ the nominee shall deliver the same to the principal and
whoever the latter may designate&
2& 0irectorBs fees and other amounts received %y way of compensation for
services rendered %y the nominee shall %e for the account and %enefit of the
nominee&
3& 'he principal shall save the nominee free and harmless from any lia%ility$
whether for unpaid su%scriptions$ taxes or otherwise$ that may arise as a
result of the nomineeBs holding title to the su%<ect shares for and on %ehalf of
the principal&
8& 'he nominee here%y assigns$ transfers$ and conveys the su%<ect shares to
the principal free from all liens and encum%rances and here%y underta:es to
execute the necessary instruments to transfer title over the su%<ect shares to
the principal or to whoever the latter may designate&
;& 'his ac:nowledgment of nominee status shall %ind the nomineeBs heirs$
executors$ administrators and other successors!in!interest&
0one this >
th
day of /uly 200> at @ueHon City&
2E("0I L# ,("2E
+ominee
)I'4 *D C(+,("*I'DE
)ILLI#* "I9E"
Principal
)I'+E--E-E
6-gd&7 UQI .
6-gd&7 UQI 2
=0
). Secretar(J% Certi+icate
-EC"E'#"DB- CE"'I,IC#'E
I$ 0E#++# '"(I$ of legal age$ with office address at CCCCCCCCCCCCCCCCCC$ on the %asis of
the corporate records$ do here%y certify that under oath thatE
.& I am the Corporate -ecretary of E+'E"P"I-E 4(L0I+2- I+C& 6NcorporationO7$ a
corporation duly organiHed and existing under Philippine laws$ with the same office address
given a%ove&
2& #t a meeting of the Board of 0irectors of the corporation held on CCCCCCCCCCC$ at
which meeting a 5uorum was present and o%tained throughout$ the following resolution6s7
was 6were7 unanimously approved and adoptedE
"E-(L1E0$ that &&&&&&&&&&&&&&&&&&&
3& 'he foregoing resolution has not %een revo:ed$ amended or in any manner
modified and accordingly$ the same may %e relied upon until a written notice to the contrary
is issued %y the corporation&
I+ )I'+E-- )4E"E(,$ I have set my hand to this certification on CCCC at
CCCCCCCCCCCCCC&
0E#++# '"(I
Corporate -ecretary
#''E-'E0E
/E#+!LUC PIC#"0
President
!L,S- /urat
3. Board Re%o'ution%
1. Authorit( to Act
Board "esolution +o& CCC
"E-(L1E0$ that *r& /ean!Luc Picard$ as Chairperson and Chief
Executive (fficer of Enterprise 4oldings %e authoriHed$ as he is here%y
authoriHed$ to enter into any and all transactions with the representatives of
the ,erengi 'rade ,ederation$ as may prove to %e %eneficial to the
corporation in his own opinion and determination&
#pproved and adopted this >
th
day of /uly$ 200> at *a:ati City$ Philippines&
6+ame of 0irectors7
2. Increa%e in nu$"er o+ director% and nece%%ar( a$end$ent to the
Artic'e% o+ Incor&oration
Board "esolution +o& CCC
"E-(L1E0$ %y a vote of stoc:holders representing more than 2A3 of
the su%scri%ed and paid up capital stoc:$ to I+C"E#-E the num%er of
0irectors of the Corporation from five 6;7 to seven 6>7 and to #*E+0 the
#rticles of Incorporation to reflect this increase&
#pproved and adopted this >
th
day of /uly$ 200> at *a:ati City$ Philippines&
6+ame of 0irectors7
=.
L. /eed o+ A%%i.n$ent
0EE0 (, #--I2+*E+'
9+() #LL *E+ BD '4E-E P"E-E+'-E
I$ 0#*I -4#"E-$ of legal age$ ,ilipino and resident of CCCCCCCCCCCCCCCC$ for and in
consideration of the sum of CCCCCCCCCCCCCCCCCCCC Pesos 6PCCCCC7$ receipt of which is here%y
ac:nowledged do here%y assign$ cede$ transfer and convey unto 0#*I LUP#$ li:ewise of
legal age$ and resident of CCCCCCCCCCCCCC$ all hisAher rights$ title$ ownership and interest over
its su%scription to (ne 4undred 'housand 6.00$0007 shares of the capital stoc: of CCCCCCCCC
Corporation$ including advances due from said corporation& It is$ however$ understood that
the assignee shall assume any and all unpaid su%scription on the said shares&
'he assignor here%y irrevoca%ly constitute$ name and appoint the assignee to %e
hisAher true and lawful attorney!in!fact to ma:e representations with the corporate secretary
and to cause the annotation of this assignment in the %oo:s of the corporation&
I+ )I'+E-- )4E"E(,$ the assignor has signed this deed on >
th
day of /uly$ 200> at
the City of *anila&
0#*I -4#"E-
#ssignor
-I2+E0 I+ '4E P"E-E+CE (,E
6-gd&7 *I"(+ .
6-gd&7 *I"(+ 2
=2
/. /eed o+ Sa'e o+ Re.i%tered Land (uni'atera')
*a:ati City 7 s&s&
0EE0 (, #B-(LU'E -#LE
9+() #LL *E+ BD '4E-E P"E-E+'-E
I$ *# D# *#+$ ,ilipino$ single$ and resident of CCCCCCCCCCCCCCCCCCCCCCCCC$ for and in
consideration of the amount of CCCCCCCCCCCCCCCCCCCCCCC$ paid to me today %y *# 2U L#+2$
,ilipino$ single and resident of CCCCCCCCCCCCCCCC do here%y -ELL$ '"#+-,E" and C(+1ED
a%solute and unconditionally unto said *# 2U L#+2 that certain parcel6s7 of land$ together
with the %uildings and improvements thereon situated in the City of *a:ati$ and more
particularly descri%ed as followsE
6'echnical 0escription of propertyAiesF specify metes and %ounds of the
propertyAies with approximate area thereof$ as indicated on the face of
the title7
of which I am the registered owner in fee simple$ my title thereto %eing evidenced %y
'ransfer 6or (riginal7 Certificate of 'itle +o& CCCCCC$ issued %y the "egister of 0eeds of *a:ati
City&
It is here%y mutually agreed that the vendee shall %ear all expenses for the execution
and registration of this deed of sale&
I+ )I'+E-- )4E"E(,$ I have signed this deed this >
th
day of /uly$ 200> at *a:ati
City&
*# D# *#+
1endor
[,ote: if vendor is (arried$ (arital consent (ust 0e secured! thus$ the Deed (ust also
indicate this- If vendor is (arried$ then add the follo6in/:]
;ith (y consent:
A4A ;A
<endor=s ;ife
-I2+E0 I+ '4E P"E-E+CE (,E
6-gd&7 *I"(+ .
6-gd&7 *I"(+ 2
=3
N. /eed o+ Sa'e o+ ,nre.i%tered Land (uni'atera')
*a:ati City 7 s&s&
0EE0 (, #B-(LU'E -#LE
9+() #LL *E+ BD '4E-E P"E-E+'-E
I$ *# D# *#+$ ,ilipino$ single$ and resident of CCCCCCCCCCCCCCCCCCCCCCCCC$ for and in
consideration of the amount of CCCCCCCCCC$ paid to me today %y *# 2U L#+2$ ,ilipino$ single
and resident of CCCCCCCCCCCCCCCCCCCCCCC do here%y -ELL$ '"#+-,E" and C(+1ED a%solutely
and unconditionally unto said *# 2U L#+2 that certain parcel6s7 of land$ together with the
%uildings and improvements thereon situated in the City of *a:ati$ and more particularly
descri%ed as followsE
60escriptionE state the nature of each piece of land and its improvements$
situations and %oundaries$ area in s5uare meters$ whether or not the
%oundaries are visi%le on the land %y means of monuments or otherwiseF and
if they are$ what they consist of$ the permanent improvements$ if any$ the
page num%er of the assessment of each property for current year or years
when registration is made$ the assessed value of the property for the year7
It is here%y declared that the %oundaries of the foregoing land are visi%le %y means
of CCCCCCCCCCCCCCCF that the permanent improvements existing thereon consist of CCCCCCCCC 6if
none$ state so7F that the land is assessed for the current year at PCCCCCCCCCCCCCC as per 'ax
0eclaration +o& CCCCCCCCCC$ and the %uildings andAor improvements $ at PCCCCCCCCCCCC as per
'ax 0eclaration +o& CCCCCCCCC$ of the City #ssessor of *a:ati&
'he a%ove descri%ed real estate$ not having %een registered under #ct +o& 8= nor
under the -panish *ortgage Law$ the parties hereto have agreed to register this instrument
under the provisions of -ec& .8 of the "evised #dministrative Code$ as amended&
th
City&
*# D# *#+
1endor
;ith (y consent:
A4A ;A
<endor=s ;ife
-I2+E0 I+ '4E P"E-E+CE (,E
6-gd&7 *I"(+ .
6-gd&7 *I"(+ 2
=8
O. /eed o+ Sa'e with !acto de Retro ("i'atera')
*a:ati City 7 s&s&
0EE0 (, -#LE )I'4 P#C'( 0E "E'"(
'his 0eed of -ale with Pacto de "etro made and executed %y and %etweenE
*# D# *#+$ ,ilipino$ of legal age$ married to #-# )#$ with
residence at CCCCCCCCCCCCCCCCCCC 61E+0("7$
! and !
*# 2U L#+2$ ,ilipino$ of legal age$ married to B# '#P#$ with
residence at CCCCCCCCCCCC 61E+0EE7F
)I'+E--E'4E 'hatT
'he 1E+0(" is the a%solute owner of a certain parcel of land with all the %uildings
and improvements thereon$ situated in the City of *a:ati$ and more particularly descri%ed$
as followsE
6Copy technical description in 'C'A(C'7
his title thereto shown %y 'ransfer 6or (riginal7 Certificate of 'itle +o& CCCCCC issued %y the
"egister of 0eeds of *a:atiF
'he 1E+0("$ for and in consideration of the amount of CCCCCCCCCCCCCCCCC Pesos
6PCCCCC7$ to him paid %y 1E+0EE and receipt of which is ac:nowledged$ does here%y -ELL$
'"#+-,E" and C(+1ED under pacto de retro unto the said 1E+0EE$ his heirs and assigns$
the property with all the %uildings and improvements thereon$ free from all liens and
encum%rances whatsoeverF
'he 1E+0("$ in executing this conveyance$ here%y reserves the right to
"EPU"C4#-E$ and the 1E+0EE$ in accepting the same$ here%y o%ligates himself to "E-ELL
the property herein conveyed within a period of CCCC years from date of this deed for the
same price of CCCCCCCCCCCCCC 6PCCCC7F Provided$ however$ that if the 1E+0(" shall fail to
exercise his right to repurchase as herein granted within the period provided$ then this
conveyance shall %ecome a%solute and irrevoca%le$ without need of a new 0eed of #%solute
-ale$ su%<ect to the re5uirements of law regarding consolidation of ownership of real
property&
th
City&
*# D# *#+ *# 2U L#+2
1endor 1endee
;ith (y (arital consent: ;ith (y (arital consent:
A4A ;A .A #A>A
-I2+E0 I+ '4E P"E-E+CE (,E
6-gd&7 *I"(+ .
6-gd&7 *I"(+ 2
=;
!. /eed o+ Re&urcha%e o+ 'and %o'd under !acto de Retro
*a:ati City 7 s&s&
0EE0 (, "E-#LE
9+() #LL *E+ BD '4E-E P"E-E+'-E
I$ *# 2U L#+2$ ,ilipino$ married$ of legal age$ and resident of CCCCCCCCCCCCCCC$ for and
in consideration of CCCCCCCCCCCCCCC Pesos 6PCCCC7$ to me paid %y *# D# *#+$ ,ilipino$ of legal
age$ married and resident of CCCCCCCCCCCCCCCCCCC$ do here%y "E-ELL$ "E'"#+-,E" and
"EC(+1ED unto said *# D# *#+ that certain parcel of land$ with all the %uildings and
improvements thereon$ situated at *a:ati City$ and more particularly descri%ed$ as followsE
6Copy technical description in title7
covered %y 'ransfer 6or (riginal7 Certificate of 'itle +o& CCCC of the "egistry of 0eeds of
*a:ati$ and which property was previously sold to under pacto de retro %y the said *# D#
*#+ on CCCCCCCCCCCCC$ executed %efore +otary Pu%lic CCCCCCCCCC and %earing +otarial
"egistration +o& CCC$ Page +o& CCCC$ Boo: +o& CCCC and -eries of 20CC of his +otarial "egister$
a copy of which is attached as #++EI #&
th
of /uly$ 200> at *a:ati City&
*# 2U L#+2
1endor
;ith (y consent:
.A #A>A
<endor=s ;ife
-I2+E0 I+ '4E P"E-E+CE (,E
6-gd&7 *I"(+ .
6-gd&7 *I"(+ 2
==
F. /eed o+ Sa'e with #ort.a.e
*a:ati City 7 s&s&
0EE0 (, -#LE )I'4 *("'2#2E
'his 0eed of -ale with Pacto de "etro made and executed %y and %etweenE
*# D# *#+$ ,ilipino$ of legal age$ married to #-# )#$ with
residence at CCCCCCCCCCCCCCCCCCC 61E+0("!*("'2#2EE7$
! and !
*# 2U L#+2$ ,ilipino$ of legal age$ married to B# '#P#$ with
residence at CCCCCCCCCCCC 61E+0EE!*("'2#2("7F
)I'+E--E'4E 'hatT
'he 1E+0("!*("'2#2EE is the a%solute owner of a certain parcel of land with all
the %uildings and improvements thereon$ situated in the City of *a:ati$ and more
particularly descri%ed$ as followsE
6Copy technical description in 'C'A(C'7
his title thereto shown %y 'ransfer 6or (riginal7 Certificate of 'itle +o& CCCCCC issued %y the
"egister of 0eeds of *a:atiF
'he 1E+0("$ for and in consideration of the amount of CCCCCCCCCCCCCCCCC Pesos
6PCCCCC7$ to him paid %y 1E+0EE and receipt of which is ac:nowledged$ does here%y -ELL$
'"#+-,E" and C(+1ED unto the said 1E+0EE$ his heirs and assigns$ the property with all
the %uildings and improvements thereon$ free from all liens and encum%rances whatsoeverF
It is here%y agreed and stipulated that the U+P#I0 B#L#+CE (, CCCCCCCCCCCC Pesos
6PCCCC7$ of which amount CCCCCCCCCCCCCCCCCPesos 6PCCCCC7 shall %e paid %y the 1E+0EE!
*("'2#2(" to the 1E+0("!*("'2#2EE at the latterBs residence$ as followsE
6-tate manner of payment7
In order to guarantee the fulfillment of the a%ove o%ligations$ the 1E+0EE!
*("'2#2(" does here%y *("'2#2E unto the said 1E+0("!*("'2#2EE$ his heirs and
assigns$ the property descri%ed$ together with all the %uildings and improvements thereon$
under the express stipulation that if the said 1E+0EE!*("'2#2(" shall pay or cause to %e
paid unto the 1E+0("!*("'2#2EE the o%ligations$ then this *ortgage shall %e of no
further force and effectF otherwise$ the same shall remain in full force and effect and shall %e
enforcea%le in the manner prescri%ed %y law&
th
City&
*# D# *#+ *# 2U L#+2
1endor 1endee
;ith (y consent: ;ith (y consent:
A4A ;A .A #A>A
<endor=s ;ife <endee=s ;ife
-I2+E0 I+ '4E P"E-E+CE (,E
6-gd&7 *I"(+ .
6-gd&7 *I"(+ 2
=>
R. /acion en !a.o (/eed o+ A%%i.n$ent o+ Rea' E%tate in &a($ent o+ de"t)
0EE0 (, #--I2+*E+'
9+() #LL *E+ BD '4E-E P"E-E+'-E
'his 0eed of #ssignment$ made and executed %y and %etween 0#*I U'#+2$ ,ilipino$
of legal age$ married to #L#+2 *#L#D$ with residence at CCCCCCCCCCCCC 6#--I2+("7 and
0#*I LUP#$ ,ilipino$ of legal age$ married to BIL *(9($ with residence at CCCCCCCCCCCCCCC
6#--I2+EE7$ )I'+E--E'4E
'hat the #--I2+(" is inde%ted to the #--I2+EE in the sum of CCCCCCCCCCC Pesos
6PCCCCCC7 and in full payment and complete satisfaction thereof here%y assign$ transfer and
convey unto the #--I2+EE that certain real estate with all the %uildings and improvements
thereon$ situated in CCCCCCCCCCC$ and more particularly descri%ed as followsE
60escription of property assigned7
of which real estate the #--I2+(" is the registered owner$ his title thereto %eing evidenced
%y 'ransfer 6or (riginal7 Certificate of 'itle +o& CCCCCCCCCCCC of the "egister of 0eeds of
CCCCCCCCCCCCC&
'hat the #--I2+EE does here%y accept this assignment in full payment of the a%ove!
mentioned de%t of CCCCCCCCCCCCCC Pesos 6PCCCCCCCCC7&
I+ )I'+E-- )4E"E(,$ the parties have signed this 0eed on > /uly 200> at *a:ati
City&
0#*I U'#+2 0#*I LUP#
#ssignor #ssignee
)ith my marital consentE
#L#+2 *#L#D BIL *(9(
#ssignorBs )ife #ssigneeBs )ife
=?
%. Chatte' #ort.a.e
*a:ati City 7 s&s&
C4#''EL *("'2#2E
9+() #LL *E+ BD '4E-E P"E-E+'-E
'hat I$ 0#*I 9('-E$ of legal age$ married and resident of *a:ati$ for and in
consideration of the loan of ,I1E 4U+0"E0 '4(U-#+0 PE-(- 6P;00$000&007$ granted to me
%y D#*#+ +D#$ also of legal age$ married and resident of *a:ati$ to %e paid one 6.7 year
from date hereof$ have transferred and conveyed %y way of chattel mortgage unto said
D#*#+ +D#$ his heirs$ successors and assigns$ free from all liens and encum%rances that
certain motor vehicle$ at present in my possession at my address$ more particularly
descri%ed asE
*odelA*a:e +o&AColor E B*) >3?i 6.?7$ racing greenF
Chassis +o& E 0000000....F
Engine +o& E 0000000....F
of which I am the true and a%solute owner %y title thereto$ %eing evidenced %y "egistration
Certificate of *otor 1ehicle +o& CCCCCC issued in my name %y the Land 'ransportation (ffice
on CCCCCCCCCCCCCCCCCC&
'his chattel mortgage has %een executed in order to secure the full and faithful
payment of my o%ligation to D#*#+ +D# in accordance with the terms and conditions of this
instrumentF Upon payment$ this contract shall %ecome null and voidF otherwise$ it shall
continue in full force and effect and may %e foreclosed in accordance with law&
I+ )I'+E-- )4E"E(,$ I have signed this instrument on > /uly 200> at *a:ati City&
0#*I 9('-E
#ffidavit of 2ood ,aith
)e severally swear that 0#*I 9('-E$ mortgagor$ and D#*#+ +D#$ mortgagee$ have
executed the foregoing Chattel *ortgage in order to guarantee as good and %inding the
o%ligations mentioned a%ove and is not intended to defraud creditors&
D#*#+ +D# 0#*I 9('-E
-igned in the presence ofE
UQI . UQI 2
=
744. A!!EALS AN/ OT6ER RESORTS TO A!!ELLATE CO,RTS IN CRI#INAL AN/
CI*IL !ROCE/,RE
6. Ordinar( a&&ea'%
1. in ci1i' ca%e%
a. +ro$ #TC (in ori.ina' juri%diction) to RTC (in a&&e''ate
juri%diction)
Chec:listE
.; days from notice of <udgment or final order
+otice of #ppeal 6"ule 80$ -ec& 37
o Parties
o /udgment or final order appealed from
o *aterial dates showing timeliness of appeal
Proof of payment of appellate court doc:et and other lawful fees 6"ule
80$ -ec& 87
*emorandum for #ppellant and #ppellee 6"ule 80$ -ec& >7
b. Fro$ RTC (in ori.ina' juri%diction) to CA
Chec:listE
+otice of #ppeal
Brief for #ppellant
o -u%<ect Index of the matter in %rief
o #ssignment of Errors
o -tatement of the Case
o -tatement of the ,acts
o -tatement of the Issues
o #rgument
o "elief
o Copy of <udgment or final order appealed from
Brief for #ppellee 6same as Brief for #ppellant$ except copy of <udgment7
#ppellantBs "eply Brief
*emorandum 6in special cases7
o -tatement of the Case
o -tatement of the ,acts
o -tatement of the Issues
o #rgument
o "elief
9. in cri$ina' ca%e%
a. Fro$ #TC (a% tria' court) to RTC (in a&&e''ate juri%diction)
Chec:listE
+otice of #ppeal
#ppellantBs BriefA*emorandum
#ppelleeBs BriefA*emorandum
b. Fro$ RTC (a% tria' court) to CA
Chec:listE
+otice of #ppeal
1. Fro$ RTC (a% tria' court) to SC
Chec:listE
+otice of #ppeal
>0
'. !etition% +or Re1iew
1. Fro$ RTC (a% a&&e''ate court) or +ro$ 0ua%iDjudicia' a.encie% to CA
Chec:listE
extension of .; days only
,ull names of petitioner and respondent
-tatement of *aterial 0ates
-tatement of *aterial #verments
-tatement of Issues$ Errors of ,act or Law
#rgument
1erification and Certification against ,orum -hopping
#ttachments
o Certified true copy or duplicate original copy of <udgmentAfinal order
5uestioned
o Clear and legi%le copy of all pleadings and other material portions of the
record
Proof of -ervice and Explanation for -ervice %y "egistered *ail 6if
applica%le7
2. Fro$ RTC (on &ure 0ue%tion% o+ 'aw) or CA (in a&&e''ate juri%diction)
to SC
Chec:listE
extension of 30 days
+ames of petitioner and respondent 66ithout i(pleadin/ the lo6er
court/7ud/e/7ustice7
-tatement of *aterial 0ates
*aterial #llegations$ "easons or #rguments for allowance of petition
1erification and Certification against ,orum -hopping
#ttachments
o Certified true copy or duplicate original copy of <udgmentAfinal order
5uestioned
o Clear and legi%le copy of all pleadings and other material portions of the
record
Proof of -ervice and Explanation for -ervice %y "egistered *ail 6if
applica%le7
>.
#O/EL !ETITION-
I. GRIT OF A#!ARO
7A8 CA!TION AN/ TITLE
6C(U"'7
6Location7
+ame of #ggrieved Party or
"elator$
Petitioner$
6Case +o& CCCCCCCCCCCCC7
! versus !
+ame of Pu%lic (fficialAEmployee
(r Private Individual or Entity$
"espondentAs&
I !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! I
PE'I'I(+
JBK P#"'IE-
.& PetitionerA"elator is & & &
.&.& PersonalAProfessional Circumstances "elevant 6if %y "elator$ state
relationship of relator to victim7
.&2& ,actual -tatements "elevant to 2rounds 61iolation of "ight to Life$
Li%erty and -ecurity of Person or 'hreat thereof7
.&3& Contact 0etails
.&8& (ther "elevant 0etails
2& "espondentAs isAare & & &
2&.& PersonalAProfessional Circumstances "elevant
2&2& Contact 0etails
2&3& (ther "elevant 0etails
JCK B(0D
3& -tatement of ,acts
3&.& Chronology of Events "elevant to the right violated 6e&g&$ enforced
disappearance or extra<udicial :illing7
3&2& -tatement as to /udicial #ffidavits 6if any7 of witnesses
3&3& -tatement as to efforts exerted to vindicate the rightAs and results of
such efforts
8& -tatement of *aterial ,acts "elevant to Interim "eliefs 6if any7
a& 'emporary Protection (rder
%& Inspection (rder
c& Production (rder
d& )itness Protection (rder
;& -tatement of *aterial ,acts "elevant to ,inal "eliefAs
J0K "ELIE,
)4E"E,("E$ & & &
6a7 Interim "eliefs %e granted immediately
6%7 ,inal "eliefs %e granted after hearing
6c7 Interim "eliefs %e made permanent
6d7 (ther "eliefs %e granted
>2
JEK 0ate and Place
J,K +ame and -ignature U #ll *aterial Information of Counsel
J2K 1C,-
J4K #ffidavit of -ervice and Explanation of -ervice
>3
II. GRIT OF 6ABEAS /ATA
J#K C#P'I(+ #+0 'I'LE
6C(U"'7
6Location7
+ame of #ggrieved Party or
"elator$
Petitioner$
6Case +o& CCCCCCCCCCCCC7
! versus !
+ame of Pu%lic (fficialAEmployee
(r Private Individual or Entity$
"espondentAs&
I !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! I
PE'I'I(+
JBK P#"'IE-
.& PetitionerA"elator is & & &
.&.& PersonalAProfessional Circumstances "elevant 6if %y "elator$ state
relationship of relator to victim7
.&2& ,actual -tatements "elevant to 2rounds 61iolation of "ight to Privacy in
Life$ Li%erty or -ecurity or 'hreat thereof7
.&3& Contact 0etails
.&8& (ther "elevant 0etails
2& "espondentAs isAare & & &
2&.& PersonalAProfessional Circumstances "elevant
2&2& Contact 0etails
2&3& (ther "elevant 0etails
JCK B(0D
3& -tatement of ,acts
3&.& Chronology of Events "elevant to the right violated 6e&g&$ enforced
disappearance or extra<udicial :illing7
3&2& -tatement as to /udicial #ffidavits 6if any7 of witnesses
3&3& -tatement as to efforts exerted to vindicate the rightAs and results of
such efforts
8& -tatement of *aterial ,acts "elevant to any Interim "eliefs 6if any7
;& -tatement of *aterial ,acts "elevant to ,inal "eliefAs
J0K "ELIE,
)4E"E,("E$ & & &
6a7 Interim "eliefs %e granted immediately
6%7 ,inal "eliefs %e granted after hearing
6c7 Interim "eliefs %e made permanent
6d7 (ther "eliefs %e granted
JEK 0ate and Place
>8
J2K 1C,-
>;
#O/EL RET,RN
I. A#!ARO
J#K C#P'I(+ #+0 'I'LE
JBK P#"'IE-
JCK B(0D
.& -upporting #ffidavits of respondents and their witnessAes
2& -tatement as toE
2&.& lawful defenses to show that respondentAs did not violate or threaten
with violation the rights su%<ect of the PetitionF
2&2& the steps or actions ta:en to determine the fate or wherea%outs of the
#P and the persons responsi%le 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 #PF
2&8& Jif the respondent is a pu%lic officialAemployeeK$ add E
actions ta:en or to %e ta:enE
a& to verify the identity of the #PF
%& 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 personAs responsi%leF
c& to identify witnesses and o%tain statements from them concerning
the death or disappearanceF
d& to determine the cause or manner$ location and time of death$ or
disappearance as well as any pattern or practice that may have %rought a%out the death or
disappearanceF
e& to identify and apprehend the personAs responsi%leF
f& to %ring the suspected offenders %efore a competent court&
3& (pposition to Interim "eliefs applied for
J0K "eliefs
JEK 0ate and Place
J2K 1C,-
>=
II. 6ABEAS /ATA
J#K C#P'I(+ #+0 'I'LE
JBK P#"'IE-
JCK B(0D
.& -upporting #ffidavits of respondents and their witnessAes
2& -tatement as toE
2&.& Lawful defenses to show that respondentAs did not violate or threaten
with violation the rights su%<ect of the PetitionF
2&2& 0isclosure of the data or information a%out the petitioner$ the nature of
such data or information and the purpose for its collectionF
2&3& 'he -teps or actions ta:en %y the respondentAs to ensure the security
and confidentiality of the data or informationF and
2&8& 'he currency and accuracy of the data or information heldF
2&;& (ther allegations relevant to the resolution of the proceedingF
3& (pposition to Interim "eliefs applied for
J0K "eliefs
JEK 0ate and Place
J2K 1C,-
>>

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