LEGAL FORMS

SIUBMMITED BY:

SUBMITTED TO:
 Table of Contents

(FORMS 21- 35)

- Notice of Death of Party

-Litigant as an Indigent Party

-Methodical Statement of Ultimate Facts

-Minors as represented by guardian

-Capacity of Foreign Corporation on Isolated Transaction

-Capacity of Foreign Corporation for Enforcement of Judgement under Unfair

competition

-Revival of Judgement of Lower Court

-Contesting Documents

-Motion to strike out Sham or False Pleading

-Complaint for Collection of Sum of Money in the RTC with verification and

certification against forum shopping

-Answer with Negative or Affirmative Defenses

-Motion to file amended complaint

-Bill of Particulars

-Notice of Lis Pendens

-Motion for Leave to file Amended Complaint

-Ex Parte Motion to set for trial

-Pre trial brief

-Special Power of Attorney for Pre Trial Brief

-Board Resolution of Authority

-Certificate of Corporate Secretary

-Request for Subpoena Duces Tecum

-Deposition of witness who cannot testify on a scheduled trial or whose health is in

danger

-Petition for letters rogatory

-Petition to Perpetuate Testimony

-Motion for Physical and Mental Examination

-Motion for Postponement

-Motion for Suspension of Action

-Parties Motion for an Order to Refer Certain issues to commissioner

1. Notice of Death of Party

Caption

x___________________________x

NOTICE OF DEATH OF PARTY

The undersigned counsel for (plaintiff or defendant, as the case may be), hereby
gives notice that _________ died on _______, his death certificate being attached
thereto as Annex “A” (if plaintiff) or Annex “1” if defendant).

The heirs or representatives of said deceased are the following:

(Copy names with addresses)

Place and date

2. Litigant as an Indigent Party

[Court]
[Region]
[COURT]
[City], [Branch No.]

[NAME]__________,
Plaintiff,
Civil Case No. ___________
- versus -

[NAME]__________,
Defendant.
x ----------------------------------- x
EX PARTE APPLICATION TO LITIGATE AS INDIGENT

Applicant Ricardo Ramon, by counsel and to this Honorable Court, respectfully

alleges:

Applicant is of legal age, married and with two minor children with residence at
Barrio Manggahan, old Balara, Quezon City.

1. He intends to file a complaint for damages for serious physical injuries caused
by vehicular accident arising from reckless and gross negligence of owner and
driver of the vehicle, Mr. Pedro Jose, on January 20, 2005 in Quezon City,
consisting of P15,000 as medical expenses which had not been paid, moral
damages of P20,000 and loss of income for almost total physical disability of
P200.00 a day, when working.
2. Applicant has no money or property sufficient and available for food, shelter
and basic necessities for himself, his wife is jobless and two minor children. They
live in the address indicated as squatters. He has no money to pay the filing and
other fees for litigation of his claim, and he has secured the services of counsel
on contingent basis of 10% of whatever may be recovered as damages as
attorney’s fees.

WHEREFORE, applicant respectfully prays that he be authorize to litigate as

indigent and be exempt from payment of docket and other lawful fees and transcripts
of stenographic notes.

3. Methodical Statement of Ultimate Facts

1. Defendant borrowed from plaintiff on January 15, 2002 the amount of

P1,000,000 with interest thereon at 12% per annum, as evidenced by a
promissory note of said date, payable 6 months therefrom, upon demand. The
note also provides that in case of litigation to enforce the same, defendant agreed
to pay the attorney’s fees and expenses of litigation in the amount of 20% of the
amount due. Copy said promissory note is attached hereto and made an integral
part hereof as Annex “A”.
2. The 6 months from January 15, 2002 having lapsed and the promissory note
having become due and demandable, plaintiff send a letter of demand to
defendant on August 10,2002 asking defendant to pay the amount of the
promissory note, plus 12% interest thereon from January 15, 2002,
notwithstanding which defendant failed and refused to pay said amount.
3. As a result of defendant’s refusel to pay the amount of said promissory note, plus
12% therein frp, January 15,2002, notwithstanding repeated demands, both
verbal and written, plaintiff is constrained to file the instant suit to protect his
interest and to incur attorneys fees and expenses of litigation in the amount of
20% of P1,000,000 or P200,000.00 as stipulated in the promissory, which should
be assessed against defendant.
4. Minors as represented by guardian

Plaintiffs Jose and Maria Mendoza are minors they are represented in the instant suit
by Plaridel Manzano, their guardian duly appointed as such by the court in Special
Proceedings No. 4 of the Regional Trial Court of Manila, as shown by an order dated
March 4, 2002, copy of which is attached hereto as Annex “A”

5. Capacity of Foreign Corporation on Isolated Transaction

Plaintiff Shooting Star Corporation is a foreign corporation organized under the laws
of the State of New Jersey, U.S.A, which is represented in this suit by James Dean,
a corporate vice president of said corporation, who is duly authorized by its board of
directors in its board resolution, to file this suit, to execute the verification and non-
forum certification and to agree to any and all matters that may be taken in the pre
trial of the case, certified true copy of which resolution is attached hereto as Annex
“A”. Plaintiff is suing on an isolated transaction, involving recovery of a sum of
money arising from a contract executed in New Jersey, U.S.A by the parties thereto,
the defendant, a Philippine resident, being one of such parties.

6. Capacity of Foreign Corporation for Enforcement of Judgement under Unfair

competition

The United States, under which plaintiff is organized and is a resident and the
Philippines are both members of the Paris Convention on the protection of
trademarks, pursuant to which Philippine laws grant juridical entities domiciled in
said member country to sue for infringement of their trademark in the Philippines
and unfair competition, even without having been duly licensed to do business in the
Philippines.

7. Revival of Judgement of Lower Court

On January 20, 1999, plaintiff obtained a money judgment for P2,000,000.00 against
defendant in the Regional Trial Court of Cavite, Philippines. Because defendant kept
promising to pay said amount, plaintiff did not take legal steps to execute said
judgement, until he realized that defendant had no intention to pay the same and
more than 5 years but less than 10 years had lapsed.

8. Contesting Documents
Defendant specifically denies under oath the genuineness and due execution of the
promissory note, attached as Annex “A” of the complaint, the truth that he did not
execute said promissory note and that his signature therein is a forgery.
9. Motion to strike out Sham or False Pleading
COMES now defendant, by counsel and to this Honorable Court,
respectfully alleges:

In plaintiff’s complaint, he called defendant a theft, a criminal without honor, the

pertinent portions of which complaint reading as follows:

(Copy sham, false and impertinent part of the complaint.)

Said quoted portions of the complaint are false, share and impertinent and come
within the provisions of Sec. 12, Rule 8 of the Rules of Court, which justify their
being stricken out of the complaint.

By signing said complaint, counsel for plaintiff violated Rule 11.03 of the Code of
Professional Responsibility, which states that “A lawyer shall abstain from any
scandalous, offensive or menacing language or behavior before the court.”

Defendant has not filed his answer to the complaint, the period to file the same not
having lapsed.

WHEREFORE, defendant prays that the portion of the complaint above quoted be
stricken therefrom, and that counsel for plaintiff be dealt with accordingly.

Place and date.

10. Complaint for Collection of Sum of Money in the RTC with verification and
certification against forum shopping

Republic of the Philippines

Regional Trial Court
Branch 40, Quezon City

JUAN CRUZ
Plaintiff,
 -versus-

Civil Case No. 2345

For a sum of money

JOSE MANZDANO,
Defendant.

x_______________________________x

COMPLAINT

Plaintiff, by undersigned counsel and to this Honorable Court, respectfully states:

1. Plaintiff Juan Cruz is of legal age, married and with residence at 60 Mayon St.,
Quezon City, while defendant Jose Manzano is also of legal age, married and
with residence at 70 Halcon St., Quezon City, where he may be served with
summons and other legal processes.
2. On March 23, 2004, defendant borrowed One Million Pesos from plaintiff, with
interest thereon at 12% per annum, payable on or before March 23, 2005, as
evidenced by a promissory note, which he executed and which provides:

P1,000,000.00 March 23, 2004

“For value received, I hereby promise to pay Juan Cruz at his residence at 60
Mayon St., Quezon City, the sum of 1,000,000 with interest thereon at 12% per
annum from March 23, 2004, payable on or before March 23, 2005. In the event I
fail to pay said amount, including its stipulated interests, I agree to pay him, as
attorney’s fees and expenses of litigation, the sum of Two Hundred pesos
(P200,000.00)

(Signed) Jose Manzano

Borrower

True copy of said promissory note is attached hereto and made an integral part hereof
as Annex “A”.

3. The due date, March 23, 2005, of said promissory note (Annex “A”) arrived, and
yet defendant failed to pay the said amount of P1,000,000.00 in breach thereof.

4. Notwithstanding demands, both verbal and written, made upon defendant, the
latter failed and refused and continues to refuse to pay his lawful obligation.

5. As a result of defendant’s breach of obligation to pay his indebtedness, as well as

the stipulated interests thereon, plaintiff was constrained to secure the services of
counsel to protect his interest and to file the complaint and to incur attorney’s fees
and expenses of litigation, in the amount of P200,000, which should be assessed
against defendant.

WHEREFORE, plaintiff respectfully prays that judgement be rendered ordering

defendant to pay plaintiff the amount of P1,000,000.00, with interests thereon at 12%
per annum starting March 23, 2004 until fully paid, as well as the sum of
P200,000.00 as and for attorneys fees and expenses of litigation, plus costs.

Plaintiff further prays for such other reefs as may be just and equitable in the
premises.

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, Juan Cruz, of legal age and with residence at 60 Mayon St., Quezon City, after
having been duly sworn, depose and say:

1, That I am the plaintiff in the above entitled complaint;

2. That I have caused the preparation of said complaint/petition;
That I have read the allegations therein contained and that the same are true and
correct of my personal knowledge and/or based on authentic records.
That I have not theretofore commenced any action or filed any claim involving the
same issues in any court, tribunal, or quasi judicial agency and, to the best of his
knowledge, no such other action or claim is pending therein; (except the following:
[here make a complete statement of the pending case, its basic issue, its present status
thereof); and if I should thereafter learn that the same or similar action or claim has
been filed or is pending, I shall report that fact within 5 days therefrom to the court
wherein the aforesaid complaint or initiatory pleading has been filed.

Witness my hand this 23rd of March 2006 at Quezon City, Philippines.

11. Answer with Negative or Affirmative Defenses

[Court]
[Region]
[COURT]
[City], [Branch No.]

[NAME]__________,
Plaintiff,
Civil Case No. ___________
- versus -

[NAME]__________,
Defendant.
x ----------------------------------- x

ANSWER

1. Defendant, by counsel and to this Honorable Court respectfully states:

2. Defendant adits that portion of par. 1 of the complaint regarding the names,
residents and status of the parties, but denies the rest thereof, for lack of
knowledge sufficient to form a belief as to truth thereof.
3. Defendant denies under oath the execution and authenticity of the promissory
note, Annex “A” of the complaint, the truth being that the same is a forgery and
that he did not execute nor sign the same.
4. Assuming, arguendo that the promissory is genuine and duly executed, it was
executed by a person on behalf of defendant, without any authority from
defendant.
5. Assuming further, that the agent who signed the promissory note on behalf of
defendant is duly authorized to do so.

12. Amendment which is prescribed

PLAINTIFF, by counsel and to this Honorable Court respectfully moves for leave
to file an amended complaint, by alleging facts more clearly and specifying the facts in a
more methodical manner, upon which certain conclusions are made. The amended
complaint, showing the amendments by underlining them or indicating by appropriate way
what have been deleted therefrom, is attached hereto as Annex “A.”

WHEREOF, plaintiff prays that he be given leave of court to file an amended

complaint, which is attached herewith, and that the same be admitted.

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

13. Amendment where the court has no jurisdiction and so if amended, it will now
confer jurisdiction

14. Bill of Particulars

[Court]
[Region]
[COURT]
[City], [Branch No.]

[NAME]__________,
Plaintiff,
Civil Case No. ___________
- versus -

[NAME]__________,
Defendant.
x ----------------------------------- x
 MOTION FOR BILL OF PARTICULARS

Defendant, by counsel and to this Honorable Court, respectfully states:

1. The complaint alleges that defendant public official, together with herein
defendant movant, acting singly or collectively and/or in unlawful concert with
one another, in flagrante breach of public trust and of sheer fiduciary obligations
as public officers, with gross and scandalous abuse of right and power and in
brazen violation of the constitution and laws of the Philippines, embarked upon
a systematic plan to accumulate ill-gotten wealth.
2. The foregoing allegations are conclusions of law, which plaintiff should clarify
and flesh them with facts and specific acts to enable defendant-movant to prepare
and file a responsive answer thereto which requires information as to the precise
nature, character, scope and extent of plaintiff’s cause of action.

WHEREFORE, defendant prays that plaintiff be ordered to file a bill of particulars

of the facts and acts constituting the conclusions alleged in the complaint.

15. Notice of Lis Pendens

The Register of Deeds

City/Province of _______.

RE: NOTICE OF LIS PENDENS

On TCT No. _________
Sir:

Please register a notice of lis pendens of Civil Case No. _____ (or CA- G.R. No.
_____) on TCT No. ______ of the Registry of Deeds for City Province of ________,
covering a parcel of land which is involved in Civil Case No._______ of the RTC
of __________ (or involved in the petition filed with the Court of Appeals in CA-
G.R. No. ___________, of the following parties:

Jose Pedro and Juan de la Cruz, as plaintiff and defendant in said Civil Case No.
_________ (or Jose Pedro and Juan de la Cruz as petitioner and respondent in said
CA- G.R No. ____). In this case, plaintiff is claiming ownership of the land which
was registered by defendant/respondent in his name, although the parcel of land
belongs to plaintiff/petitioner. (Or describe the object of the civil case and
participation or connection of the parties in said case.)
In order to protect the plaintiff’s interests in the said case, please record this notice
of lis pendens on the title.

Respectfully submitted.

16. Motion for Leave to file Amended Complaint

PLAINTIFF, by counsel and to this Honorable Court respectfully moves for leave
to file an amended complaint, by alleging facts more clearly and specifying the facts
in a more methodical manner upon which certain conclusions are made. The
amended complaint, showing the amendments by underlining them or indicating by
appropriate way what have been deleted therefrom, is attached hereto as Annex “A”.

WHEREFORE, plaintiff prays that he be given leave of court to file an amended

complaint, which is attached herewith, and that the same be admitted.

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

17. Ex Parte Motion to set for trial

[Court]
[Region]
[COURT]
[City], [Branch No.]

[NAME]__________,
Plaintiff,
Civil Case No. ___________
- versus -

[NAME]__________,
Defendant.
x ----------------------------------- x

EX PARTE MOTION TO SET CASE FOR PRE-TRIAL

PLAINTIFF, by counsel, respectfully states that:

1. On [DATE] _______________, defendant submitted her Answer to the

Complaint, thereby causing the issues to be joined.

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

WHEREFORE, plaintiff respectfully prays that this case be set for pre-trial
on a date convenient to this Honorable Court.
 WHEREFORE, plaintiff respectfully prays that a judgment on the pleadings
be rendered in his favor.

[CITY] ___________; [DATE] _________________________.

[SIGNATURE]

[NAME OF COUNSEL]
___________

Counsel for Plaintiff

[ADDRESS]
______________

18. Pre trial brief

[Court]
[Region]
[COURT]
[City], [Branch No.]

[NAME]__________,
Plaintiff,
Civil Case No. ___________
- versus -

[NAME]__________,
Defendant.
x ----------------------------------- x

PRE TRIAL BRIEF

PLAINTIFF, by counsel and to this Honorable Court, respectfully submits this pre
trial brief in compliance with the trial court’s order dated _______, containing the
following:

1. Plaintiff is willing to enter into an amicable settlement of the case, under terms
and conditions which are agreeable to both parties. Plaintiff is willing to submit
the technical issues for resolution by technical experts.
2. Plaintiff admits the following facts:
(Enumerate them)
3. The issues which plaintiff raises are as follows:
(Enumerate them)

4. Plaintiff intends to present the following documents in connection with which

plaintiff requests from defendant their admission of their execution and due
authenticity:

19. Special Power of Attorney for Pre Trial Brief

KNOW ALL MEN BY THIS PRESENTS:

That I, ______________, of legal age, and am the plaintiff (or defendant) in the case
entitled (copy title of case, case No. _______ and court before which it is pending)
have constituted and appointed my lawyer, Atty. Jerby Emmanuel T. Juarez (or any
person of his choice) as my true and lawful attorney-in-fact, for me and in my stead,
in connection with the pre trial and trial of said case, to do and perform any and all
of the following acts and deeds:

(a) To agree to an amicable settlement of the case or to submission to alternative

modes of dispute resolution of said case, under such terms and conditions as my
attorney-in-fact may deem proper;
(b) To simply the issues of the case;
(c) To stipulate or admit certain facts or documents

HEREBY granting and confirming all of the foregoing matters which my attorney-
in-fact may do or case to be done in the premises with the same force and effect as
if I were the one doing them personally.

WITNESS my hand this ____ day of ___ 2018 at ________ Philippines

_____________
Principal

SIGNED IN THE PRESENCE OF:

____________________________
____________________________

20. Board Resolution of Authority

BE IT RESOLVED, as it is hereby resolved, by all (or majority of the members of

the Board of Directors of ________ (Name of Corporation), that _______ (its
counsel or corporate officer) be authorized, as he is hereby authorized, in connection
with the pre trial and trial of Civil Case No. _____ RTC of ____, Branch ______,
entitled _______________, of which the corporation is a plaintiff (or defendant), to
do and perform the following acts and deeds:

(a) To agree to an amicable settlement of the case or to submission to alternative

modes of dispute resolution of said case, under such terms and conditions as my
attorney-in-fact may deem proper;
(b) To simply the issues of the case;
(c) To stipulate or admit certain facts or documents

Approved and adopted this _____day of_____ 2018 at ________

Directors

Attested by:
Corporate Secretary

21. Certificate of Corporate Secretary

I, ___________, of legal age and with office address _________, after having been
duly sworn, depose and say:
That I am the corporate secretary of ________, a corporation duly organized and
existing under and by virtue of the laws of the Philippines.

That at the board meeting of said corporation, at which there was a quorum, held on
______, 2018 at its offices at ______, the following board resolution was
unanimously adopted and apronved:

BE IT RESOLVED, as it is hereby resolved, by all (or majority) members of the

Board of Directors of _______ ( name of corporation), that _______ (its counsel or
corporate officer) be authorized, as he is hereby authorized , in connection with the
pre-trial and trial of Civil Case No. ______, RTC of_______, Branch _____, entitled
___________, of which the corporation is a plaintiff (or defendant), to do and
perform the following acts and deeds:

(a) To agree to an amicable settlement of the case or to submission to alternative

modes of dispute resolution of said case, under such terms and conditions as my
attorney-in-fact may deem proper;
(b) To simply the issues of the case;
(c) To stipulate or admit certain facts or documents

That the above board resolution is still existing and in force and kept in the records
of the corporation at its offices.
WITNESS my hand and seal of the corporation this ___ day of _____, 2018 at
______, Philippines.

22. Request for Subpoena Duces Tecum

The Clerk of Court

RTC, Manila

Sir:

As counsel for plaintiff (or defendant), may I request that a subpoena duces tecum
be issued to _______, with address at ________, to testify and bring with him, in the
hearing of the above entitled case on _____, 2018 ____ at 8:00 a.m., and at any
subsequent hearings, the following documents, which are not confidential nor
privileged, and which are needed in said hearing, to wit:

(Enumerate and describe specifically the documents.)

The undersigned will pay the legal fees for such purpose.

Place and date.

23. Deposition of witness who cannot testify on a scheduled trial or whose health is
in danger

Atty. _____________
Counsel for defendant/plaintiff
Address
Please take notice that on _____ the undersigned counsel for ______ in Civil Case
No. ______, entitled _______, RTC, Manila, will take the deposition of Mr.
__________, with address at ______, before Notary Public ______ at the latter’s
address at ______ at 10:00 a.m., upon written interrogatories and to continue from
day to date at the same time and place until the interrogatories shall have been
completed. Attached are the written interrogatories.

Place and date.

24. Petition for letters rogatory

PLAINTIFF, by counsel and to this Honorable Court respectfully alleges:

1. For the purpose of completing plaintiff’s evidence, so that a just and fair decision
may be rendered in the instant case, it is necessary that the testimony of _______,
who is at present residing in the United States at ____, USA., be taken by means
of deposition upon written interrogatories, attached herewith as Annex “A”, at
the Philippine Consulate at its offices in _______, New York, U.S before any
Philippine Consular Representative thereat, at such date and time as the latter
may fix.
2. If the adverse party desire, he may serve cross-interrogatories to be filed in court,
so that the direct interrogatories and cross interrogatories may both be sent to
the Philippine Consulate at the above-indicated address.

WHEREFORE plaintiff respectfully prats that an order issue directing the adverse
party, the defendant, to submit his written cross-interrogators within 10 days from
notice, requiring the clerk of court to issue letters rogatory directed to the Philippine
Consular Representative in the Philippine Consular Office at ______, U.S.A to take
the examination upon interrogatories (both direct and cross) attached herewith, at
such date and time as the consular representative may schedule, with notice to the
witness ________ to appear and testify and thereafter, to submit the record of
disposition to the Court which issued this order, with notice to both parties.

Place and date.

25. Petition to Perpetuate Testimony

PETITIONER Pedro Valdez, by counsel and to this Honorable Court, respectfully

alleges:

Petitioner is of legal age and is residing at _______Sampaloc, Manila.

Petitioner execs to be party to an action in court in the Philippines but he is presently
unable to bring it.

The subject matter of the expected action is for a sum of money, in the amount of
P20, 000, 000.00, which Juan Mandy, with address at ______ borrowed, as
evidenced by a check which petitioner issued to Juan Mandy in said amount and
which he uncashed and the same was dishonored for having been drawn against
closed account, as shown by the return check and notice of dishonor. Juan Mandy is
expected to be the adverse party.

The person who was present during the transaction was Ricardo Dumlao, with
address at ______, who knew surrounding facts thereof.

Petitioner is very sick, as he suffered a stroke and his physical mobility has been
greatly been affected.

The interest of justice would be served by perpetuating the testimonies of herein

petition and of Ricardo Dumlao, as evidence in the expected action against Juan
Mandy for recovery of sum of money.

WHEREFORE, petitioner respectfully prays that the court issue an order authorizing
him to take the deposition of herein petitioner and that of Ricardo Dumlao, before
such authorized person and at such time and place, as the court may require.

Place and date.

26. Motion for Physical and Mental Examination

[Court]
[Region]
[COURT]
[City], [Branch No.]

[NAME]__________,
Plaintiff,
Civil Case No. ___________
- versus -

[NAME]__________,
Defendant.
x ----------------------------------- x

MOTION FOR PHYSICAL AND MENTAL EXAMINATION

PLAINTIFF, by counsel and to this Honorable Court respectfully alleges:

1. One of the issues raised by defendant in this case is that he did not voluntarily
agree to, and execute, the deed of sale of a parcel of land, subject matter of the
 pending case, because he allegedly was insane at the time of the execution of
said deed of sale.
2. To determine defendant’s claim of insanity, it is necessary that a physical and
mental examination of defendant be conducted by a government physician at the
Philippine General Hospital and that the latter be required to render a report on
the defendant’s physical and mental condition.

WHEREFORE, plaintiff respectfully prays that an order be issued requiring the

physical and mental condition of defendant _______ by a government physician at
Philippine General Hospita, specifying the time, place, manner, conditions and scope
of the examination of said person and directing the examining physical to render a
written report thereon.

Place and date.

27. Motion for Postponement

DEFENDANT, by counsel and to this Honorable respectfully moves that the hearing
set for _____, 2018 be postponed to another date, at least one month therefrom, on
the ground that his remaining material witness, Mr. ______, whom he has scheduled
to present, is abroad and will not be back until three weeks from date hereof.

The gist of the testimony of witness ______ and its materiality or relevancy are
shown in the attached affidavit, which is attached herewith, as Annex “X”

WHEREFORE, defendant prays that the hearing set for _________ be postponed to
another date, at least one month from said date, to enable Mr. ______ to present him
as his last witness.

Place and date.

28. Motion for Suspension of Action

DEFENDANT, by counsel and to this Honorable Court, respectfully moves that the
action or hearing of the action be suspended for a period of at least six months on
the ground that, pursuant to Article 2030 of the Civil Code, defendant has
communicated to plaintiff, expressing his willingness to discuss the possibility of
compromise as shown by his letter to plaintiff, copy of which is attached hereto as
Annex “X.”

Plaintiff is receptive to discussing the possibility of compromise.

WHEREFORE, defendant prays that the hearing set for _______and further action
on the case be suspended for a period of at least six months from date hereof.
Place and date.

29. Parties Motion for an Order to Refer Certain issues to commissioner

[Court]
[Region]
[COURT]
[City], [Branch No.]

[NAME]__________,
Plaintiff,
Civil Case No. ___________
- versus -

[NAME]__________,
Defendant.
x ----------------------------------- x

MOTION FOR REFERENCE OF CERTAIN ISSUES TO COMMISSIONER

PLAINTIFF, by counsel and to this Honorable Court respectfully alleges:

1. The pending action by plaintiff is for damages against the architect who
designed the plaintiffs building, which collapsed due to poor design and lack of
proper supervision by the architect.
2. One of the issues raised refers to absence of technical sufficiency of the design
to withstand earthquake, which raises highly architectural and engineering
issues and such issues may only be resolved by referring them to a team of
 architectural and engineering experts to receive evidence thereon, from both
parties, to evaluate evidence, and to submit a report on such issues, to aid the
court in rendering its judgement.

WHEREFORE, plaintiff respectfully prays that an order issue referring the aforesaid
issues to a team of technical experts, appointing 3 commissioners to receive evidence
on the issues, one recommended by plaintiff, another recommended by defendant,
and the third by the court, empowering them to issue subpoena and subpoena duces
tecum, and to submit their reports on such issues based on the evidence submitted,
within 3 months from their acceptance of their appointment.