Legal Forms Notes PDF

LEGAL FORMS NOTES
Arellano University School of Law
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AFFIDAVITS
An affidavit is a formal sworn statement of fact, signed by the declarant called an affiant and witnessed by a
taker of oath such as a notary public.
The uses of affidavits include…
(1) To allow evidence to be gathered from witnesses or participants who may not be available to testify in
person before the court, or who may otherwise fear for their safety if their true identities are revealed in court;
and
(2) To obtain a declaration on a legal document that the information provided by the applicant is truthful to the
best of the applicant’s knowledge.
If an affidavit is notarized or authenticated, it will also include a caption with a venue and title in reference to
judicial proceedings. These may be written in the first or third person, depending on who drafted the document.
If in the first person, the document’s component parts are:
1. A commencement which identifies the affiant;  
2. The individual averments, almost always numbered as mandated by law, each  one making a separate
claim;  
3. A conclusion generally stating that everything is true, under penalty of perjury,  fine, or imprisonment; and  
4. An attestation, usually a jurat, at the end certifying the affiant made oath and the  date.  
Parts of an Affidavit
1.  The Venue is the designation of the place where the affidavit was taken to show whether the notary public
has acted within his jurisdiction.
2. The Scilicet/Subscripsi (SS) is used to particularize a general statement, i.e. republic of the Philippines,
SS, City of Baguio means: in the Republic of the Philippines, more particularly in the City of Baguio.
3. The Body consists of the facts attested to by the affiant, who should have actual knowledge of the same
and not merely a belief thereof. The allegations therein should be full, certain, and exact. In short,
accuracy of the statements in the affidavit is indispensable.
4. The signature of the affiant which is found below the body of the affidavit.
5. The Jurat.
Affidavit of Loss
REPUBLIC OF THE PHILIPPINES )

CITY OF BAGUIO ) S.S.
AFFIDAVIT OF LOSS
I, EMILY O. JACINTO, of legal age, Filipino, single and a resident of No. 44 Honeymoon Road,
Baguio City, Philippines, after having been duly sworn in accordance with law, hereby depose and
state:
1. That on April 9, 2013 I was issued a Philippine Passport by the Department of Foreign Affairs in
Baguio City;
2. That on the same day, I left my envelope, containing the said passport, in the waiting area of the
said agency and realized that it was lost;
3. That despite diligent search and efforts to locate the said passport, I could not find the same
such that I now believe that it is now lost beyond recovery;
4. As such, I am executing this Affidavit of Loss to attest to the truth of the foregoing and to
support the application for the issuance of new one in lieu of the one which was lost.
IN WITNESS WHEREOF, I have set hereunto my signature this 19th day of April 2013 in the City
of Baguio, Philippines.
EMILY O. JACINTO
Affiant
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th
SUBSCRIBED AND SWORN TO before me in the City of Baguio on this 19 day of April 2013,
affiant exhibiting before me his Government Issued ID No. 08061989 issued on August 6, 2012 at
Baguio City.
JOSH E. RIZAL
Notary Public for Baguio City
Until December 31, 2013
182 Session Road, Baguio City
PTR No. 123/Baguio City/12-31-13
Roll of Atty. No. 45678
IBP Lifetime Membership No. 910
MCLE Compliance No 9876
Doc. No. 21
Page No. 4
Book No. 1
Series of 2013.
Affidavit of Desistance
REPUBLIC OF THE PHILIPPINES)
CITY OF MANILA ) S.S.
AFFIDAVIT OF DESISTANCE
I, ANGELICA PANGANIBAN, of legal age, single, and a resident of # 123 Main St., Malate,
Manila, after having duly sworn to in accordance with law hereby depose and state:
1. I am the complaining witness for Serious Physical Injuries against Jesus Santos in the case
entitled "People of the Philippines versus Jesus Santos", Criminal Case No. 12345, Metropolitan Trial
Court, Branch No. 11, City of Manila.
2. After my sober and soul searching assessment and analysis of the incident, I have realized
that because I was not wearing my eyeglasses and it was dark, I can not point out, without a doubt
the accused or any other person/s who inflicted harm against me.
3. Since I could not state with certainty and without doubt the liability of Jesus Santos, in
fairness to him, I am permanently withdrawing my complaint against him. I clear him of whatever
responsibility or liability to me.
4. I hereby inform the City Prosecutor of Manila that I am withdrawing my complaint for
Serious Physical Injuries in Criminal Case No. 12345 entitled "People of the Philippines versus Jesus
Santos", Metropolitan Trial Court, Branch No. 11, City of Manila.
5. I likewise request the Metropolitan Trial Court, Branch No. 11, City of Manila
to dismisswith prejudice the said criminal case.
IN WITNESS WHEREOF, I hereby set my hand this __ day of September 20__ at the City of
Manila.
John Lloyd Cruz

Complaining Witness
SUBSCRIBED AND SWORN to before me this 22nd day of January 20__ at the City of Manila,
Philippines.
Pros. XYZ
Public Prosecutor
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POWER OF ATTORNEY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN THESE PRESENTS:
I, (Name of Principal), of legal age, single/married to (Name of spouse if any), Filipino, a resident
of (Address), do hereby name, constitute, and appoint (Name of Agent /Attorney-In-Fact), to be my
true and lawful attorney, for me and in my name, place, and stead, to do and perform the following
acts and things to wit:
To ask, demand, collect any and all sums of money, sue to recover debts, dues,
accounts, dividends, legacies, bequests, interests , and other things of value of whatever nature or
kind as may now be or may hereafter become due owing, payable or belonging to me, and to have,
sue, and to take any all lawful ways and means for the recovery thereof by suit,
attachment, compromise or otherwise;
To make, sign, execute, and deliver contracts, agreements, documents and other writings of
whatever nature or kind, with any and all third persons, entities or concerns, upon terms and
conditions acceptable to my said attorney;
To delegate in whole or in part any all of the powers herein granted or conferred, by means of
an instrument in writing, favor of any third persons whom my said attorney may select;
HEREBY GIVING AND GRANTING unto my said attorney full power and authority whatsoever
requisite or necessary or proper to be done in and about the premises as fully to all intents and
purposes as I might and could lawfully do if personally present, with power of substitution and
revocation, and hereby, ratifying and confirming all that my said attorney or his substitute shall
lawfully do or cause to be done under and by virtue of these presents.
IN WITNESS WHEREOF, We have hereunto affixed our signatures this ___________ day of
____________________ , 20__ in ______________________, Philippines.
_________________________________ ___________________________
(Principal) (Agent / Attorney-In-Fact) .
Signed in the presence of:
_____________________________ ______________________________
ACKNOWLEDGMENT
Republic of the Philippines)

____________ ________City) S.S.
I certify that on this date, before me, a notary public duly authorized in the city named above to
take acknowledgements, personally appeared:
NAME COMPETENT EVIDENCE DATE AND PLACE ISSUED

OF IDENTITY
who was/were identified by me through competent evidence of identity to be the same person/s
described in the foregoing instrument, who acknowledged before me that his/her/their respective
signatures on the instrument was/were voluntarily affixed by him/her/them for the purposes
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stated therein, and who declared to me that he/she/they have executed the instrument as
his/her/their free and voluntary act and deed.
IN WITNESS WHEREOF, I hereunto set my hand and affix my notarial seal on the date and at the
place above written.
Doc. No._____;
Page No._____;
Book No._____;
Series of _____.
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That I/We ____________________________, of legal age, Filipino citizen, (married/single) and

residing at ____________________________________________, do hereby name, appoint, and constitute
________________________________________, likewise of legal age, Filipino, and residing at
________________________________________________ my/our true and lawful attorney-in-fact and in
my/our name, place and stead and behalf, to do the following act(s):
1. To receive for and in our behalf from RCBC Savings Bank original collateral
documents and other papers pertaining to my fully paid HOUSING loan.
Loan details:
Loan# _____________________
TCT# _____________________
Address: ________________________________________________
2. To sign any deed or document in acknowledgment of the receipt thereof;
3. To do and perform any acts necessary to accomplish the purpose above mentioned.
I / We hereby release, remise and forever discharge RCBC SAVINGS BANK, its
stockholders, officers, directors and employees and defend it/them from any actions, damages,
claims and demands arising wholly and partially in connection with the above letter of authority.
I / We further signify that I / We will not file or cause to be filed any case or legal action or
proceeding against the Bank or the above persons and entity.
HEREBY GIVING and GRANTING unto said Attorney-in-Fact full power and authority to do
and perform every act and thing whatsoever requisite and necessary to be done in and about the
premises, as fully to all intents and purpose as I/we might or could do if personally present,
HEREBY RATIFYING and CONFIRMING all that my/our said Attorney-in-Fact shall lawfully do or
cause to be done under the premise.
IN WITNESS WHEREOF, I/We have hereunto affixed my signature this ___________________,

at _________________________.
Specimen signature of :
Borrower(s) Attorney-in-fact
___________________________ ____________________________
Signed in the presence of:
___________________________ ____________________________
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ACKNOWLEDGMENT

____________ ________City) S.S.
I certify that on this date, before me, a notary public duly authorized in the city named above to
take acknowledgements, personally appeared:
NAME COMPETENT EVIDENCE DATE AND PLACE ISSUED

OF IDENTITY
who was/were identified by me through competent evidence of identity to be the same person/s
described in the foregoing instrument, who acknowledged before me that his/her/their respective
signatures on the instrument was/were voluntarily affixed by him/her/them for the purposes
stated therein, and who declared to me that he/she/they have executed the instrument as
his/her/their free and voluntary act and deed.
IN WITNESS WHEREOF, I hereunto set my hand and affix my notarial seal on the date and at the
Doc. No._____;
Page No._____;
Book No._____;
Series of _____.
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JURAT
Jurat refers to an act in which an individual, on a single occasion appears in person before a Notary Public and
presents an instrument or document; is personally known to the Notary Public or identified by the Notary Public
through competent evidence of identity as defined by the 2004 Rules on Notarial Practice; signs the instrument
or document in the presence of the Notarial Practice; and takes an oath or affirmation before the Notary Public
as to such instrument or document.
Basically, jurat is a certification that the instrument was “sworn” to before a Notary Public, which is executed to
give the document a legal character. It accompanies any notarized document that is declaratory in nature, as
opposed to a notarized document that transmits rights or property, which must be accompanied by an
acknowledgment.
th
Baguio City.
JOSH E. RIZAL
Doc. No. 21
Page No. 4
Book No. 1
Series of 2013.
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ACKNOWLEGMENT
Acknowledgment is an act in which an individual on a single occasion appears before in person before the
Notary Public and presents an integrally complete instrument or document; is attested to be personally known
to the Notary Public or identified by the Notary Public through competent evidence of identity as defined by the
2004 Notarial Rules; and represents to the NP that the signature on the instrument or document was
voluntarily affixed by him for the purposes stated in the instrument or document, declares that he has executed
the instrument or document as his free and voluntary act and deed, and, if he acts in a particular
representative capacity, that he has the authority to sign in that capacity.
Basically, it is the act of one who has executed a deed in going before some competent officer or court and
declaring it to be his act or deed.
The two-fold functions of an acknowledgment are:

1.) to authorize the deed to be given in evidence without proof and
2.) to entitle it to be recorded.
The same purposes may be accomplished by a subscribing witness going before the officer or court and
making oath to the fact of execution, which is certified in the same manner.
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES}
City of Baguio } SS
BEFORE ME, a Notary Public for and in the City of Baguio, Philippines, personally appeared LAP U.
LAPU, with Passport No. 1234 issued at Baguio City expiring on November 20, 2013, and Driver’s
License No. 5678 issued by LTO Baguio on December 18, 2012, known to me to be the same person
who executed the foregoing instrument, and acknowledged to me that the same is his free act and
voluntary deed.
th
WITNESS MY HAND AND SEAL this 19 day of April 2013 in the City of Baguio, Philippines.
JOSE F. RIZAL
Doc. No. 21
Page No. 4
Book No. 1
Series of 2013.
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JUDICIAL AFFIDAVIT RULE
Scope
This Rule shall apply to all actions, proceedings, and incidents requiring the reception of evidence before:
(1) The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, the
Municipal Circuit Trial Courts, and the Shari' a Circuit Courts but shall not apply to small claims cases
under A.M. 08-8-7-SC;
(2) The Regional Trial Courts and the Shari'a District Courts;
(3) The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals, and the Shari'a Appellate
Courts;
(4) The investigating officers and bodies authorized by the Supreme Court to receive evidence,
including the Integrated Bar of the Philippine (IBP); and
(5) The special courts and quasi-judicial bodies, whose rules of procedure are subject to disapproval of
the Supreme Court, insofar as their existing rules of procedure contravene the provisions of this Rule.
Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies
(a) The parties shall file with the court and serve on the adverse party, personally or by licensed courier
service, not later than five days before pre-trial or preliminary conference or the scheduled hearing with
respect to motions and incidents, the following:
(1) The judicial affidavits of their witnesses, which shall take the place of such witnesses' direct
testimonies; and
(2) The parties' docun1entary or object evidence, if any, which shall be attached to the judicial
affidavits and marked as Exhibits A, B, C, and so on in the case of the complainant or the plaintiff, and
as Exhibits 1, 2, 3, and so on in the case of the respondent or the defendant.
(b) Should a party or a witness desire to keep the original document or object evidence in his possession, he
may, after the same has been identified, marked as exhibit, and authenticated, warrant in his judicial affidavit
that the copy or reproduction attached to such affidavit is a faithful copy or reproduction of that original. In
addition, the party or witness shall bring the original document or object evidence for comparison during the
preliminary conference with the attached copy, reproduction, or pictures, failing which the latter shall not be
admitted.
Contents of judicial Affidavit
A judicial affidavit shall be prepared in the language known to the witness and, if not in English or Filipino,
accompanied by a translation in English or Filipino, and shall contain the following:
(a) The name, age, residence or business address, and occupation of the witness;
(b) The name and address of the lawyer who conducts or supervises the examination of the witness
and the place where the examination is being held;
(c) A statement that the witness is answering the questions asked of him, fully conscious that he does
so under oath, and that he may face criminal liability for false testimony or perjury;
(d) Questions asked of the witness and his corresponding answers, consecutively numbered, that:
(1) Show the circumstances under which the witness acquired the facts upon which he
testifies;
(2) Elicit from him those facts which are relevant to the issues that the case presents; and
(3) Identify the attached documentary and object evidence and establish their authenticity in
accordance with the Rules of Court;
(e) The signature of the witness over his printed name; and
(f) A jurat with the signature of the notary public who administers the oath or an officer who is
authorized by law to administer the same.
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Sworn attestation of the lawyer
(a) The judicial affidavit shall contain a sworn attestation at the end, executed by the lawyer who conducted or
supervised the examination of the witness, to the effect that:
(1) He faithfully recorded or caused to be recorded the questions he asked and the corresponding
answers that the witness gave; and
(2) Neither he nor any other person then present or assisting him coached the witness regarding the
latter's answers.
(b) A false attestation shall subject the lawyer mentioned to disciplinary action, including disbarment.
Offer of and objections to testimony in judicial affidavit
The party presenting the judicial affidavit of his witness in place of direct testimony shall state the purpose of
such testimony at the start of the presentation of the witness. The adverse party may move to disqualify the
witness or to strike out his affidavit or any of the answers found in it on ground of inadmissibility. The court
shall promptly rule on the motion and, if granted, shall cause the marking of any excluded answer by placing it
in brackets under the initials of an authorized court personnel, without prejudice to a tender of excluded
evidence under Section 40 of Rule 132 of the Rules of Court.
Examination of the witness on his judicial affidavit
The adverse party shall have the right to cross-examine the witness on his judicial affidavit and on the exhibits
attached to the same. The party who presents the witness may also examine him as on re-direct. In every
case, the court shall take active part in examining the witness to determine his credibility as well as the truth of
his testimony and to elicit the answers that it needs for resolving the issues.
REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
MAKATI CITY, BRANCH ______
___________________________________
Petitioner,
– versus - CIVIL CASE NO. ____________

Declaration of Nullity of Marriage
__________________________________
Respondent.
x———————————————x
JUDICIAL AFFIDAVIT
I, ____________________________, _______ years old, born on __________, (single/married)

employed as _______________ at _____________________, after having been duly sworn to in
accordance with law, hereby depose and state:
PRELIMINARY STATEMENT
That in accordance with A.M. No. 12-8-8-SC, which prescribes the use of judicial
affidavits to serve as the direct examination testimony of the witness, on the basis of which the
adverse party may conduct their cross-examination on such a witness, I hereby execute this
judicial affidavit in a question and answer format;
That conformably with section 3 (b) of the said A.M. No. 12-8-8-SC, I also state that it
was _________________, counsel of ______________________ who conducted the examination of the
undersigned affiant;
That conformably also with section 3 (c) thereof, I hereby state under the pain of perjury
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that in answering the questions asked of me, as appearing herein below, I am fully conscious that I
did so under oath, and that I may face criminal liabilities for false testimony or perjury;
AND UNDER OATH, AVERS THE FOLLOWING:

1. Q. Please state your name and other personal circumstances for the record.
A. I am _____________, of legal age, Filipino, married and a resident of ___________.
2. Q. Are you the same ___________, the petitioner, in this case?

A. Yes sir.
3. Q. Do you know a certain (spouse name)?

A. Yes sir. He, (spouse name), is the man I married.
4. Q. How did you meet respondent, (spouse name)?

A. ____________________________________.
5. Q. Are you still cohabiting with (spouse name)?

A. No, we have been living separately for ______ (x) months now since ___________.
6. Q. Do you have of proof your marriage with (spouse name)?

A. Yes sir, I have a NSO Certified marriage contract as my Exhibit "A".
7. Q. Did you have children with (spouse name)??

A. No, we have no children.
8. Q. What is the reason for your separation?

A. (spouse name) is addicted on playing video games all day. Right after our wedding,
he always stays only at home for months, just playing. Because of this addiction, he
cannot fulfill some of his obligations to me; particularly, we only have sex once since
our marriage and he always finds a way to give an excuse not to have sex with me
whenever I ask him. I am thinking that we only lacked romance, so I discussed with
on having a child, but he just shook off his head and continued playing video games.
9. Q: Have you asked consulted a clinical psychologist?

A: Yes Sir, I have the original copy of Psychological Evaluation Report done by Dr.
_____________ to both of us. I am attaching it as my Exhibit “B”.
10. Q: Do you have common properties with the respondent during your marriage?
A: None Sir.
11. Q: Did you have a pre-nuptial agreement with the respondent regarding your
properties?
A: None sir.
11. Q: What are you asking this court with respect to this case?
A: I am praying that the Honorable Court would grant my petition for Declaration of
Nullity of my marriage with (spouse name) on the grounds that our marriage is void ab initio
for him being psychologically incapacitated.
---------END OF STATEMENT----------
IN WITNESS WHEREOF, I hereunto set my hand below this _______ day of ______, 2018 at
________________________.
________________________
Affiant
SUBSCRIBED AND SWORN to before me this ____ day of ___________, 2018 at

___________________________. Further, I certify that I personally examined the herein affiant that he
voluntarily executed and fully understood his statements.
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________________________
Administering Officer
ATTESTATION
I, ________________________, counsel of __________________, ____(Location)_____________, on

my oath, hereby depose and states:
That I have personally conducted the foregoing examination to the witness-affiant
____________________ at _____________________;
That I have faithfully recorded and translated into English language the questions asked of
him/her and the corresponding answers that he/she gave in response to the questions asked;
Neither I nor any other person/s coached this witness-affiant regarding the answers given
by her.
IN WITNESS WHEREOF, I hereunto set my hand below this _______ day of ______, 2016 at
________________________.
________________________
Counsel
SUBSCRIBED AND SWORN to before me this ____ day of ___________, 2018 at

___________________________. Further, I certify that I personally examined the herein affiant that he
voluntarily executed and fully understood his statements.
________________________
Administering Officer
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PETITION FOR CANCELLATION AND CORRECTION OF ENTRIES IN THE CIVIL
REGISTRY
Republic of the Philippines

Fourth Judicial Region
Branch 18, Tagaytay City
IN RE: PETITION FOR CANCELLATION OF

CERTIFICATE OF LIVE BIRTH OF JUAN DELA CRUZ
SANTOS
JUAN D. SANTOS Case No. ______

Petitioner,
CIVIL REGISTRAR, CITY OF TAGAYTAY

Respondent.
x-----------------------------------------------------x
PETITION
PETITIONER JUAN D. SANTOS, by and through counsel, unto this Honorable Court, most
respectfully aver, that:
1. Petitioner JUAN D. SANTOS is of legal age, Filipino and a resident of 8 Maguinhawa

Village, Cavite City, where he may be served with summons, notices, orders and other
processes of the Honorable Court.
2. Respondent Office of the Local Civil Registrar, City of Tagyatay, is a government agency
or instrumentality wherein the subject certificate of live birth was recorded, with address
at the Tagaytay City Hall, Tagaytay City, Cavite, where it may be served with summons,
notices, orders and other processes of the Honorable Court.
3. On the night of 10 July 1981, petitioner’s mother, Valencia Santos, experienced severe
contraction. Thinking that she was then about to give birth to the petitioner, she
instructed her husband and petitioner’s father, Roberto Santos, to call and fetch Maria
Villanueva, a midwife, to assist and attend to Valencia’s giving birth to the petitioner.
4. However, despite the severe contractions and the assistance of the midwife, petitioner’s
mother was not able to give birth at the moment.
5. Petitioner’s father then decided to rush petitioner’s Mary Grace General Hospital in
Tejero Cavite wherein the latter gave birth to the petitioner on 12 July 1981.
6. To register the fact of the petitioner’s birth, the Mary Grace General Hospital
accomplished the necessary form and filed the same with the Local Civil Registrar of
Cavite, hence, the petitioner’s Certificate of Live Birth was issued. A copy of the
petitioner’s Certificate of Live Birth is hereto attached as Annex “A” and made an integral
part hereof.
7. However, without knowledge of the parents of the petitioner, the aforementioned

midwife, likewise accomplished a form for the petitioner’s certificate of Live Birth and
filed with the respondent local civil registrar of Tagaytay. Thus, another certificate of live
birth was issued under the name of the petitioner recorded in Tagaytay City. A copy of
the certificate of live birth accomplished and filed by Maria Villanueva is hereto attached
as Annex “B” and made an integral part hereof.
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8. Petitioner’s parents, Roberto and Valencia Santos executed a joint affidavit attesting to
the facts and circumstances surrounding the birth of the petitioner. A copy of the joint
affidavit is hereto attached as Annex “C” and made an integral part hereof.
9. It is respectfully manifested that the petitioner has been using the Certificate of Live
Birth which was accomplished and filed by Mary Grace General Hospital (Annex “A”) and
it was only on August 2015 that he learned about the existence of the other certificate of
live birth accomplished and filed by Maria Villanueva (Annex “B”).
10. Rule 108 of the Rules of Court provides:
“Section 1. Who may file petition. – any person interested in any act, event,
order or decree concerning the civil status of persons which has been
recorded in the civil register, may file a verified petition for the cancellation
or correction of any entry relating thereto, with the Court of First Instance
of the province where the corresponding civil registry is located.
Section 2. Entries subject to cancellation or correction. – Upon good and

valid grounds, the following entries in the civil register may be cancelled or
corrected: (a) births; (b)marriage; (c) deaths; (d) legal separations; (e)
judgments of annulments of marriage; (f) judgment declaring marriages void
from the beginning; (g) legitimations; (h) adoptions; (i) acknowledgments of
natural children; (j)naturalization; (k) election, loss or recovery of
citizenship; (l) civil interdiction; (m) judicial determination of filiation; (n)
voluntary emancipation of a minor; and (o) change of name.”
11. In the case of Republic of the Philippines vs. JULIAN EDWARD EMERSON COSETENG-
MAGPAYO (G.R. No. 189476, February 2, 2011), the Supreme Court held:
“Labay-Rowe vs. Republic categorically holds that “changes which may

affect the civil status from legitimate to illegitimate… are substantial and
controversial which can only be allowed after appropriate adversary
proceedings…”
Since respondent’s desired change affects his civil status from legitimate
to illegitimate, Rule 108 applies. It reads:
Section 1. Who may file petition. – any person interested in any act, event,
order or decree concerning the civil status of persons which has been
recorded in the civil register, may file a verified petition for the cancellation
or correction of any entry relating thereto, with the [RTC] of the province
where the corresponding civil registry is located.
xxxx
Section 3. Parties.- When cancellation or correction of an entry in the civil
register is sought, the civil registrar and all persons who have or claim
any interest which would be affected thereby shall be made parties to
the proceeding.
Section 4. Notice and publication. – Upon the filing of the petition, the court
shall, by an order, fix the time and place for the hearing of the same, and
cause reasonable notice thereof to be given to the person named in the
petition. The court shall also cause the order to be published once a week
for three (3) consecutive weeks in anewspaper of general circulation in the
province.
Rule 108 clearly directs that a petition which concerns one’s civil
status should be filed in the civil registry in which the entry is sought to be
cancelled or corrected – that of Makati in the present case, and “all persons
who have or claim any interest which would be affected thereby” should
14

made parties to the proceedings.”
12. Parenthetically, this Petition is being filed with the Honorable Court having territorial
jurisdiction over the Office of the Local Civil Registrar of the Tagaytay City where the
subject certificate of live birth was recorded.
13. Likewise, the civil registrar concerned is herein impoleaded as Respondent indicated
above and the only known persons who may have interest in the instant petition.
14. In view of the foregoing and for good cause, petitioner respectfully requests for the
cancellation of certificate of live birth recorded in and issued by the local civil registrar of
Tagaytay City.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed to this

Honorable Court that an Order be issued for cancellation of the certificate of live birth
under the name of the petitioner issued by the office of the local civil registrar of
Tagaytay City.
Other just and equitable reliefs under the premises are similarly prayed for.
July 2, 2018, Quezon City for Tagaytay City
BBMR Law Offices

Counsel for the Petitoner
No. 13 Ramos Street
Brgy. Laging Handa, Quezon City
Tel. No. 411-9188
JOSE L. BATUNGBAKAL
Roll Attorney No. 55798
IBP No. 0379645/01-15-18/RSM
PTR No. 89526713/1-05-18/QC
MCLE Compliance No. IV-5698341/08-09-15

Quezon City ) S.S.
VERIFICATION/CERTIFICATION
I, JUAN D. SANTOS, of legal age, Filipino Citizen after having been duly sworn to in
accordance with law, hereby depose and state that:
1. I am the Petitioner in the instant Petition.
2. I have caused the preparation of the foregoing.
3. I have read and understood the averments contained therein and I hereby affirm
that the same are true and correct as of my own knowledge and based on
authentic records.
4. I hereby certify that I did not thereto commence any other action or proceeding
involving the same issues in the Supreme Court, Court of Appeals, or any other
tribunal or agency, and that if I would thereafter learn that a similar action or
proceeding has been filed or is pending thereof, I undertake to report such fact
within five (5) days therefrom to the court or agency wherein the original pleading
15

and sworn certification contemplated herein have been filed.
IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of July 2018 at Quezon
City.
JUAN D. SANTOS
Affiant
SUBSCRIBED AND SWORN TO before me this 2nd day of July 2018 at Quezon City, affiant
exhibiting to me his __________________ as competent evidence of his identity.
NOTARY PUBLIC
Doc. No. 256;
Page No. 25;
Book No. III;
Series of 2018
16

PETITION FOR LEGAL SEPARATION
I.DEFINITION AND NATURE
There is no existing law or Rule which gives the exact legal definition for Legal Separation however the Family
Code enumerates its the different grounds and effects. A Petition for Legal Separation is a Special Proceeding
which the Rules of Court defines as a remedy by which a party seeks to establish a status, a right, or a
particular fact.
The Handbook on Pleadings: Basic Rules and Forms by Rufino San Buenaventura Javier defines legal
separation or relative divorce (A mensa et thoro) is a court approved separation of husband and wife. It is not a
divorce. The marriage bond is not dissolved, only the marital obligations and the property relations between
the spouses are ended.
Black’s Law Dictionary defined legal separation as the term that applies to a court sanctioned agreement for a
husband and wife that details their obligations while living apart.
II. GOVERNING LAW AND RULES
1. Family Code, Title II, Articles 55-67  
2. To initiate a Special Proceeding to secure a Decree of Legal Separation by the Family Court, petitions are
filed under A.M. No. 02-11-11-SC (Rule on Legal Separation, effective on March 15, 2003);  
3. Supplemented by the Revised Rules of Court.  
III. GROUNDS
Article 55 of the Family Code lists the grounds for Legal Separation as follows (where the term “child” refers to
a child by nature or by adoption):
(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or
a child of the petitioner;  
(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;  
(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to
engage in prostitution, or connivance in such corruption or inducement;  
(4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;  
(5) Drug addiction or habitual alcoholism of the respondent;  
(6) Lesbianism or homosexuality of the respondent; 
Note: Distinction: Homosexuality as a ground for Anullment
In the case of Almelor vs Chico-Nazario, GR. No. 179620, August 26, 2008, the Supreme Court held that
homosexuality per se is only a ground for legal separation It is its concealment that serves as a valid ground to
annul a marriage. Homosexuality and its alleged incompatibility to a healthy heterosexual life are not
sanctioned as grounds to sever a marriage bond in our jurisdiction. At most, it is only a ground to separate
from bed and board.
(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;
(8) Sexual infidelity or perversion; (9) Attempt by the respondent against the life of the petitioner; or
(10) Abandonment of petitioner by respondent without justifiable cause for more than one year.
IV. WHO, WHEN and WHERE TO FILE (A.M. No. 02-11-11-SC (Rule on Legal Separation, effective on
March 15, 2003; Family Code):
A. A petition may be filed ONLY by the husband or the wife (Innocent Spouse).
B. The petition may be filed within five years from the time of occurrence of any the enumerated grounds.
C. The petition shall be filed with:
1. the Family Court of the province or city where the petitioner’s spouse or the respondent-spouse has been
residing for at least six (6) months prior to the date of filing, or  
17

2. in the case of a non-resident respondent-spouse, where he may be found in the Philippines, at the election
of the petitioner-spouse.  
V. CONTENTS AND FORM (A.M. No. 02-11-11-SC (Rule on Legal Separation, effective on March 15,
2003);
The petition shall:
(A) Allege the complete facts constituting the cause of action.  
(B) State the
1) names and ages of the common children of the parties;  
2) specify the regime governing their property relations;  
3) the properties involved; and  
4) creditors, if any.  
If there is no adequate provision in a written agreement between the parties, the petitioner may apply for a
provisional order for spousal support, custody and support of common children, visitation rights, administration
of community or conjugal property, and other similar matters requiring urgent action.
(C) Be verified and accompanied by a certification against forum shopping. The verification and certification
must be personally signed by the petitioner. No petition may be filed solely by counsel or through an attorney-
in-fact.
If the petitioner is in a foreign country, the verification and certification against forum shopping shall be
authenticated by the duly authorized officer of the Philippine embassy or legation, consul general, consul or
vice-consul or consular agent in said country
(D) Be filed in six copies. The petitioner shall, within five days from such filing, furnish a copy of the petition to
the City or Provincial Prosecutor and the creditors, if any, and submit to the court proof of such service within
the same period.
Failure to comply with the preceding requirements may be a ground for immediate dismissal of the petition.
VI. EFFECTS: (Art 63, Family Code, A.M. No. 02-11-11-SC (Rule on Legal Separation, effective on
March 15, 2003)
1. FOLLOWING THE FILING OF THE PETITION
After filing the Petition for Legal Separation, the spouses shall be entitled to live separately from each other
and their obligation of mutual support ceases.
2. EFFECTS OF THE DECREE OF LEGAL SEPARATION
The Decree of Legal Separation is not automatically issued if the Court decides to grant the Petition for Legal
Separation, as the spouses are required to first comply fully with the liquidation requirements under the Family
Code, unless the parties do not have any property, in which case the Court shall issue a Decree of Legal
Separation which shall be registered in the Civil Registry where the marriage was recorded and in the Civil
Registry where the Family Court granting the legal separation is located.
The decision shall likewise declare that:
(1) The spouses are entitled to live separately from each other but the marriage bond is not severed;  
(2) The obligation of mutual support between the spouses ceases; and  
(3) The offending spouse is disqualified from inheriting from the innocent spouse by intestate succession, and
provisions in favor of the offending spouse made in the will of the innocent spouse are revoked by operation of
law.  
(4) The conjugal partnership is dissolved and liquidated and the offending spouse would have no right to any
share of the net profits earned by the conjugal partnership.  
(5) The innocent spouse may revoke: a. the donations made by him or by her in favor of the offending
spouse, b. the designation of the offending spouse as beneficiary in any insurance policy, regardless of the fact
18

that such designation is stipulated as irrevocable.
(6) The custody of the minor children shall be awarded to the innocent spouse (subject to Article 213 of the
Family Code)
SAMPLE FORM: PETITION FOR LEGAL SEPARATION BASED ON THE GROUND OF HOMOSEXUALITY

BRANCH 136 CITY OF MAKATI
ALYANA DALISAY,
Petitioner, Civil case No. 143220
-versus-
RICARDO DALISAY,
Respondent,
x- - - - - - - - - - - - - - - - - - - - - - - - - x
PETITION FOR LEGAL SEPARATION
PETITIONER Alyana Dalisay, by counsel, and unto this Honorable Court, respectfully alleges:
1. That the petitioner is a resident of 5F Planters Product Bldg,109 Esteban Street Legaspi Village,
Barangay San Lorenzo, Makati City.
2. The petitioner and the respondent met each other at Arellano University School of Law sometime
in June 2007. The acquaintance led to courtship and romantic relations; culminating in the
th
exchange of their marital vows in Manila Cathedral on 25 December 2008. A copy of their
marriage certificate is hereby attached as ANNEX “A” and made an integral part of this petition;
3. That out of said marriage, two (2) children were born, to wit:
Ricardo Dalisay, Jr. born on 01 November 2009; and
Alyana Dalisay II born on 14 February 2011.
Copies of their Certificates of Live Birth are hereto attached as ANNEXES “B” and “C”
4. That during said marriage, the following properties had been acquired:
4. One hectare of rice fields in Sitio Castro, Calasio, Pangasinan;
5. One residential house and lot located at 12 Marcelo St., Barangay Palanan, Makati City.
5. That sometime in December 2016, the petitioner caught the respondent in an indiscreet
telephone conversation manifesting his affection for a male caller. Shealsofoundseveral
pornographic homosexual materials in his possession. Her worse fears were confirmed when she
saw Ricardo kissed another man on the lips during a social gathering;
6. That when she confronted Ricardo, he denied everything. At this point, Alyana took her children
and left their conjugal abode. Since then, Ricardo stopped giving support to their children; From
then on, there is a complete cessation of marital relations between petitioner and respondent, both
personal and property, as well as parental relations with their children, may it be emotional or
financial;
7. That in the early part of January 2017, the situation turned worse to worst when petitioner
discovered that respondent has been cohabiting with another man, a certain Dr. Joaquin Tuazon.
Due to the shocking turn of events, petitioner and her two children suffered from embarrassment
and public ridicule in their community;
19

8. That Petitioner can and will no longer tolerate respondent’s continued blatant transgression of
his marital vows because the confluence of respondent’s unwarranted and irresponsible acts and
sexual infidelity amounting to failure on his part to perform his duty to live with the petitioner, duty
to observe mutual love, respect and fidelity is just too much for her to handle. Hence, the foregoing
considered, this Petition for Legal Separation on the following grounds:
(f) Lesbianism or homosexuality of the respondent;
(h) Sexual infidelity or perversion of the respondent;
9. That the couple did not enter into any property relations and petitioner has no known creditors;
10. That the facts of this case render the reconciliation of the parties highly improbable;
11. In filing this petition, petitioner was constrained to engage the services of a counsel for an
acceptance fee of Twenty Thousand Pesos (Php 80,000.00) and per appearance fee of Five
Thousand Pesos (Php 2,000.00), and will incur litigation expense.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court to decide in
favor of the petitioner and specifically decreeing the following:
(1) That pending these legal separation proceedings, the respondent be deprived of his right to
manage the conjugal partnership and that adequate provision be made out of the conjugal property
for the care and support of their two minor children;
(2) That after due hearing, a decree of legal separation be issued by this Honorable Court, ordering:
a) That the petitioner shall be entitled to live separately from the respondent, without dissolution,
however, of the marriage bond;
b) That the conjugal partnership be dissolved and liquidated, depriving the respondent of his share
of the conjugal partnership profits and awarding the same to the above-named children;
c) That the custody of the minor children be awarded to the petitioner; and
(3) The disqualification of respondent from inheriting from the petitioner by intestate succession as
well as the revocation of the provisions in the will of the petitioner, if any, in favour of the
respondent;
(4) That such other relief or reliefs, as may deemed just and equitable by the Honorable Court, be
granted.
PETITIONER further prays for any other relief or reliefs as may be deemed just and equitable by the
Honorable Court.
City of Makati, July 2, 2018.
BAGANI ASSOCIATES LAW OFFICES
Counsel for the Petitioner
Unit 23, Pacific Star Building,
Makati Avenue, 1226 Sen. Gil J. Puyat Ave,
Makati City, Philippines
Tel. Nos. 7545100; 754-2539
Fax No. 754-2540
By:
ATTY. LIZA BAGANI
Commission Serial No. 178290 Until December 31, 2018
Roll No. 782791
IBP No. 482010/January 1, 2018/Manila
P.T.R. No. 2231/January 1, 2018
MCLE No. 1243/March 3, 2018
CTC No. 103040/January 2, 2018/Makati
143 Sen. Gil Puyat Ave., Makati City
20

VERIFICATION AND ANTI-FORUM SHOPPING CERTIFICATION
I, Alyana Dalisay, of legal age, Filipino, married, and a resident of 5F Planters Product Bldg 109
Esteban Street, Legaspi Village Barangay San Lorenzo, Makati City on oath, state that:
1. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing petition;
3. I have read the contents thereof and the facts stated therein are true and correct of my personal
knowledge and/or on the basis of copies of documents and records in my possession;
4. I have not commenced any other action or proceeding involving the same issues in the Supreme
Court, the Court of Appeals, or any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme
Court, the Court of Appeals, or any other tribunal or agency; and
6. If I should thereafter learn that a similar action or proceeding has been filed or is pending before
the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report
that fact within five (5) days therefrom to this Honorable Court.
ALYANA DALISAY
Affiant
th
SUBSCRIBED AND SWORN to before me this 30 day of June 2018 at City of Makati, affiant
exhibiting to me her Passport Identification No. P3487216A issued at City of Makati on January 2,
2018.
ATTY. EMILIO T. SYQUIA

NOTARY PUBLIC
Roll No. 782791
P.T.R. No. 2231/January 1, 2018
Doc.No. 22:
Page No. 11:
Book No. 06:
Series of 2018.
21

PETITION FOR LETTERS OF ADMINISTRATION
LETTERS OF ADMINISTRATION
• It is an authority issued by court to a competent person to administer the estate of the deceased who died
intestate (without a valid will).
• A petition for letters of administration is a judicial mode of settlement of estate of a deceased person.
UNDER WHAT RULE DO WE FILE THIS PLEADING?
• Rule 78, Rules of Court “Letters Testamentary and of Administration, When and to Whom Issued”, in
relation to--
• Rule 79, Rules of Court “Opposing Issuance of Letters Testamentary. Petition and Contest for Letters of
Administration”
GROUNDS
1) No executor is named in the will, or
2) The executor or executors are incompetent, refuse the trust, or fail to give bond, or
3) A person dies intestate. (Sec. 6, Rule 78)
CONTENTS
(1) Jurisdictional facts;
a) Death of testator;
b)  Residence at time of death in the province where probate court is sitting; or 
c) If he is an inhabitant of foreign country, his having left his estate in such province [Diez v. Serra, G.R.
No. L- 27650 (1927)]
(2) Name, age and residence of heirs and the name and age of creditors;  
(3) Probable value and character of the estate;  
(4) Name of person for whom letters of administration is prayed.
• Defect in petition would not render void issuance of letters of administration. [Sec. 2, Rule 79]  
WHO MAY AND WHEN TO FILE
• Order of Preference
(1) Surviving spouse or next of kin, or both, or  to such person as the surviving spouse, or next of kin
requests to have appointed, if competent and willing to serve.  
(2) If those enumerated above be incompetent or unwilling, or if the husband or widow, or next of kin,
neglects for 30 days after the death of the person to apply for administration or to request that
administration be granted to some other person, it may be granted to one or more of the principal
creditors, if competent and willing to serve.  
(3) If there is no (2), it may be granted to such other person as the court may select. [Sec. 6, Rule 78]  
• Next of kin are those entitled by law to receive the decedent’s properties. [Ventura v. Ventura, G.R. No. L-
26306 (1988)]
• Incompetent persons to serve as executor or administrator

1) Minors;  
2) Non-residents of the Philippines; and  
3) Those who, in the opinion of the court, are unfit to e
  xecute the duties of the trust by reason of
drunkenness, improvidence, want of understanding or integrity, or conviction of an offense involving
moral turpitude (Sec. 1, Rule 78);  
4) Executor of an executor over the estate of the first testator   (Sec. 2, Rule 78).  
22

WHERE TO FILE
• Jurisdiction (BP 129)
Exclusive original jurisdiction over all matters of probate, both testate and intestate:
Outside Metro Manila MTC if gross value of the estate does not exceed P300,000; If it exceeds such value
then RTC
Within Metro Manila MTC if gross value of the estate does not exceed P400,000; Otherwise RTC
• Venue (Sec. 1, Rule 73, Rules of Court)

Inhabitant of the Philippines at the time of Court of the province where decedent resided at time of death
death (citizen or alien)
Inhabitant of foreign country at the time of Court of any province where decedent had estate
death
EFFECTS
• Court to set time for hearing. Notice thereof. — When a petition for letters of administration is filed in
the court having jurisdiction, such court shall fix a time and place for hearing the petition, and shall cause
notice thereof to be given to the known heirs and creditors of the decedent, and to any other persons
believed to have an interest in the estate, in the manner provided in sections 3 and 4 of Rule 76. (Sec. 3,
Rule 79)
• Opposition to petition for administration. — Any interested person may, by filing a written opposition,
contest the petition on the ground of the incompetency of the person for whom letters are prayed therein,
or on the ground of the contestant's own right to the administration, and may pray that letters issue to
himself, or to any competent person or person named in the opposition. (Sec. 4, Rule 79)
• Hearing and order for letters to issue. — At the hearing of the petition, it must first be shown that notice
has been given as hereinabove required, and thereafter the court shall hear the proofs of the parties in
support of their respective allegations, and if satisfied that the decedent left no will, or that there is no
competent and willing executor, it shall order the issuance of letters of administration to the party best
entitled thereto. (Sec. 5, Rule 79)
• When letters of administration granted to any applicant. — Letters of administration may be granted
to any qualified applicant, though it appears that there are other competent persons having better right to
the administration, if such persons fail to appear when notified and claim the issuance of letters to
themselves. (Sec. 6, Rule 79)

NATIONAL CAPITAL REGION
Pasay City
Branch No. ____
IN THE MATTER OF THE INTESTATE ESTATE OF THE SPECIAL PROC. NO. ________________
DECEASED JOHN DOE
JANE ROE-DOE,
Petitioner.
x------------------------x
PETITION FOR ISSUANCE OF LETTERS OF ADMINISTRATION

PETITIONER, through counsel, respectfully alleges:
1. That the Petitioner, who is of legal age and a resident of 111 Menlo St., Taft Ave., Pasay
City is the widow of JOHN DOE.
2. That on the June 28, 2018, JOHN DOE died without leaving any will in Pasay City which
23

was his residence at the time of his death.
3. That the names, ages, and residences of the surviving heirs of the aforementioned
deceased, are the following to wit:
Names Ages Relation Residence
Janie Doe 35 Daughter Makati City
Johnny Doe 33 Son Pasig City
4. That the deceased left the following real and personal properties:
Real Properties Location Probable Value
House and Lot Pasay City P5,000,000
House and Lot Pasig City P8,000,000
Personal Properties In Possession of Probable Value
Mitsubishi Montero Jane Roe-Doe P800,000
5. As far as the petitioner knows, the decedent left no debts.
WHEREFORE, it is respectfully prayed that after due notice, publication and hearing, letters
of administration of the estate of JOHN DOE be issued to herein petitioner.
Pasay City. July 2, 2018
ATTY. JOSE P. RIZAL
Counsel for Petitioner
11 11th Ave., Caloocan City
PTR. No. 11111/Caloocan City/12-31-18
Roll of Attorney No. 1111
MCLE Compliance No. 1111
I, JANE ROE-DOE, of legal age, do hereby state that I have caused this Petition to be
prepared; I have read its contents and affirm that they are true and correct to the best of my own
personal knowledge; I hereby certify that there is no other case commenced or pending before any
court involving the same parties and the same issue and that, should I learn of such a case, I shall
notify the court within five days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on July 2, 2018 in Pasay City,
Philippines.
JANE ROE-DOE
Petitioner
SUBSCRIBED AND SWORN TO before me in Pasay City, Philippines on this 3rd day of July
2018, affiant exhibiting before me his Government Issued ID No. 1111111 issued on August 6,
2012 at Pasay City.
ATTY. APOLINARIO MABINI
Notary Public for City of Manila
182 Estrada St., Taft Ave., Manila
PTR No. 123/Manila/12-31-2018
Doc. No. 21
Page No. 4
Book No. 1
Series of 2018.
24

HOLOGRAPHIC AND NOTARIAL WILLS
DEFINITION OF A WILL: “A will is an act whereby a person is permitted, with the formalities prescribed by
law, to control to a certain degree the disposition of his estate, to take effect after his death.” (ART. 783 of
NCC)
EFFECT OF EXECUTING A WILL: Allows the disposition of property of the testator, which would take effect
after his death.
WHO CAN MAKE A WILL:
6. All persons (natural) who are not expressly prohibited by law may make a will (ART. 796 of NCC)  
7. At least 18 years of age (ART. 797 of NCC)  
8. (Of sound mind (ART. 798 of NCC)  
WHEN TO PREPARE A WILL: During the lifetime of the testator
KINDS OF WILLS:
(1) Ordinary or Notarial Will – that which requires, among other things, an attestation clause, and an
acknowledgment before a notary public  
(2) Holograph or Holographic Will – that which is entirely written, dated, and signed by the hand of the testator
himself (ART. 810 of NCC)  
COMMON FORMALITIES OF A WILL: (ART. 804 of NCC)
(1) Must be in writing; and  
(2) Executed in a language or dialect known to the testator.  
HOLOGRAPHIC WILL
 SPECIAL FORMALITIES OF HOLOGRAPH OR HOLOGRAPHIC WILLS: (ART. 810 of NCC)
(1) Entirely Written by the Hand of the Testator;  
(2) Entirely Dated by the Hand of the Testator;  
(3) Entirely Signed by the Hand of the Testator;  
(4) Executed in a Language or Dialect known to the testator;  
WHO MAY PREPARE A HOLOGRAPH OR HOLOGRAPHIC WILL:
(1) The Testator himself (ART. 810 – 811 of NCC)
PARTS OF A HOLOGRAPH OR HOLOGRAPHIC WILL:
(1) Date;  
(2) Testamentary Disposition/s; and  
(3) Signature.  
NOTARIAL WILL S
PECIAL FORMALITIES OF NOTARIAL (ORDINARY) WILLS: (ART. 804-806 of NCC)
(1) The will must be in writing;  
(2) The will must be written in a language or dialect known to the testator;  
(3) The will must be subscribed at the end thereof by the testator himself or by the testator’s name written
by  some other person in his presence and by his express direction;  
(4) The will must be attested and subscribed by three or more credible witnesses in the presence of the
25

testator and of one another;  
(5) The testator or the person requested by him to write his name and the instrumental witnesses of the will,
shall also sign each and every page thereof, except the last, on the left margin;  
(6) All the pages of the will shall be numbered correlatively in letters placed on the upper part of each page;  
(7) The will must contain an attestation clause; and  
(8) The will must be acknowledged before a notary public by the testator and the witnesses.  
WHO MAY PREPARE A NOTARIAL WILL:
(1) The testator himself (ART. 784 of NCC)- “The making of a will is a strictly personal act; it cannot be left in
whole or in part to the discretion of a third person, or accomplished through the instrumentality of an agent or
attorney.”  
(2) (Exception) Any other person – The mere mechanical act of drafting or drawing an ordinary will may be
done by a third person, as long as he does not determine the dispositions of the testator’s properties by will.
(CASTANEDA V. ALEMANY)  
PARTS OF A NOTARIAL WILL:
(1) Testamentary Provisions – Contains the names of the Testator, Heirs, Executors, Properties to be
disposed, Conditions, Wishes, etc.  
(2) Attestation Clause – The Supreme Court defined this as “a memorandum of facts attending the execution
of the will required by law to be made by the attesting witnesses, and it must necessarily bear their signatures.”
(CAGRO V. CAGRO)  
(3) Joint Acknowledgment – “Acknowledgment is the act of one who has executed a deed in going before
some competent officer or court and declaring it to be his act or deed. It involves an extra step undertaken
whereby the signor actually declares to the notary that the executor of a document has attested to the notary
that the same is his/her own free act and deed.” (FELIX AZUELA V. CA)  
PROBATE  
DEFINITION OF PROBATE: It is an act or process of proving before a competent court the due execution of
an instrument purported to be the last will and testament of a deceased person for its allowance by the said
court, that is, for its official recognition and the carrying out of its provisions insofar as they are in accordance
with law. (JURADO)
NECESSITY OF PROBATE:
. (1) No will shall pass either real or personal property unless it is proved and allowed in accordance with the
Rules of Court (ART. 838 of NCC)  
. (2) To effectuate the testator’s right and to protect the rights of the heirs and legatees  
RULES RELATED TO ALLOWANCE AND DISALLOWANCE OF WILLS:
. Rule 75 – Production of Will; Allowance of Will Necessary  
. Rule 76 – Allowance or Disallowance of Will  
. Rule 77 – Allowance of Will Proved Outside of Philippines and Administration of Estate Thereunder  WHERE
TO FILE FOR PROBATE: (RULE 75 of ROC)
(1) Regional Trial Court (of the place where the testator died) acquires jurisdiction to probate a will
of a deceased person when it is shown by evidence before it:  
(2) In the case of a non-resident citizen or alien, in the RTC in which the estate is located.  
WHO MAY FILE PETITION FOR THE ALLOWANCE OF WILL: (RULE 76 of ROC) Under Sec. 1, Rule 76 of
the Rules of Court, the following may file a petition for the allowance of a will, at any time after the death of the
testator:
(1) Executor
26

(2) Devisee or Legatee named in a will 
(3) Any person interested in the estate
 (4) The testator himself, however, may petition the court for the allowance of his will.
“Sec. 1. xxx (they may) petition the court having jurisdiction to have the will allowed, whether the same be in
his possession or not, or is lost or destroyed.”
EFFECTS OF PROBATED WILL: (RULE 76 of ROC)
(1) Register of Deeds can only transfer the titles of the lands mentioned on the will after they have received an
order from the court approving the will (SEC. 13, RULE 76 of ROC);  
(2) Conclusive as to the due execution / validity of the will (SEC. 1, RULE 75 of ROC);  
(3) Not subject to collateral attack; and  
(4) Conclusive to the whole world. (JURADO)  
HOLOGRAPHIC WILL
27

NOTARIAL WILL
CITY OF PASAY) S.S.
LAST WILL AND TESTAMENT

th
I, MARIELLE A. SANTOS, of legal age, single, Filipino, a resident of Unit 24, 4 floor, Jazz
Residences, Pasay City, Philippines, being of sound mind and disposing mind and memory, and not
acting under influence, violence, fraud or intimidation of whatever kind, do by these presents
declare this to be my Last Will and Testament which I have caused to be written in English, the
language which is known to me. And I hereby declare that:
1. The following are my parents with their addresses:
MARY A. SANTOS 675 Bangkal St., Pasay City, Philippines
LUCIO R. SANTOS 675 Bangkal St., Pasay City, Philippines
2. I give and bequeath to my parents, MARY A. SANTOS and LUCIO R. SANTOS, in equal shares,
the following properties, real and personal, whatsoever and wheresoever located:
a. A PARCEL OF LAND (Lot 1 Blk 2 of consolidation subdivision plan (LRC) Pcs-13265, being a
portion of the consolidation of Lots 4751-A and 4751-B (LRC) Psd- 50533, Lot 3, Psd-100703, Lot
1, Psd150980, LRC Rec. Nos. Nos. N- 27024, 51768, 89632, N-11782, N-13466, and 21071
situated in the Bo. of San Mateo, City of Pasay, of Luzon. Bounded on NE., point 4 to 1 by Road Lot
22, on...to the point of beginning; containing an area of (280) square meters more or less;
b. 10 pieces of Silver Jewelry and 6 pieces of Gold Jewelry.
3. I designate MAURICIO A. SANTOS as the sole executor of my Last Will and Testament, and in his
default or incapacity to act, LEO LEE.
th
IN WITNESS WHEREOF, I have hereunto set my hand this 5 day of July, 2018 in the City of
Pasay, Philippines.
_________________________
MARIELLE SANTOS
(Testator)
ATTESTATION CLAUSE
We, the undersigned attesting witnesses, whose residences are stated opposite our respective
names, do hereby certify: That the testator, MARIELLE A. SANTOS, published unto us the foregoing
will consisting of 3 pages numbered correlatively in letters on the upper part of each page of her
Last Will and Testament and has signed the same on each and every page thereof on the left
margin, in our joint presence, and we, in turn, at her request have witnessed and signed the same
on each and every page thereof, on the left margin, in the presence of the testate and in the
presence of each and all of us.
LEA Q. REYES 47 Palm Drive, Pasay City

HANNAH M. LOPEZ 89 Seaside Drive, Pasay City
DULCE S. RAMOS 58 Olive Drive, Pasay City
28

JOINT ACKNOWLEDGMENT
th
BEFORE ME, Notary Public for and in the City of Pasay, Philippines this 5 day of July, 2018,
personally appeared:
MARIELLE A. SANTOS, with Valid Identification Document Voter’s ID issued by COMELEC on June
16, 2015 and Community Tax Certificate No. 1234 issued on June 1, 2015 at Pasay City,
Philippines;
LEA Q. REYES, with Valid Identification Document Voter’s ID issued by COMELEC on January 5,
2014 and Community Tax Certificate No. 5678 issued on August 8, 2014 at Pasay City, Philippines;
HANNAH M. LOPEZ, with Valid Identification Document Voter’s ID issued by COMELEC on October
8, 2016 and Community Tax Certificate No. 8367 issued on November 12, 2016 at Pasay City,
Philippines;
DULCE S. RAMOS, with Valid Identification Document Voter’s ID issued by COMELEC on February
14, 2017 and Community Tax Certificate No. 9876 issued on March 4, 2017 at Pasay City,
Philippines;
all known to me to be the same persons who signed the foregoing Will, the first as testator and the
last three as instrumental witnesses and they respectively acknowledged to me that they signed the
same as their own free and voluntary act and deed.
This Will consists of 3 pages, including the page in which this acknowledgment is written, and has
been signed on the left margin of each and every page thereof by the testator and his witnesses, and
sealed with my notarial seal.
IN WITNESS WHEREOF, I have hereunto set my hand on the day, year and at the place above
written.
JEREMY I. ABAD
Notary Public for Pasay City
Unit 46, Jazz Residences, Pasay City
Appointment No. 87 Until March 2020
Roll of Attorneys No. 17
PTR No. 8, March 7, 2010, Pasay City
IBP. 8371, March 7, 2010, Greater Manila
Serial No. Of Commission 123
Doc. No. 45;

Page No. 2;
Book No. 5;
Series of 2018.
29

EXTRAJUDICIAL SETTLEMENT OF ESTATE
Generally, when a person dies leaving property the same should be judicially administered. However, Rule 74
Sec 1 provides:
“Sec. 1. Extrajudicial settlement by agreement between heirs. – If the decedent left no will and no debts
and the heirs are all of age, or the minors are represented by their judicial or legal representatives duly
authorized for the purpose, the parties may, without securing letters of administration, divide the estate among
themselves as they see fit by means of a public instrument filed in the office of the register of deeds, and
should they disagree, they may do so in an ordinary action of partition. If there is only one heir, he may
adjudicate to himself the entire estate by means of an affidavit filed in the office of the register of deeds.
GROUNDS FOR EXTRAJUDICIAL SETTLEMENT
" Decedent dies intestate
" Heirs all of legal age or minors represented by judicial
guardians or legal representatives
" Settlement made in public instrument duly filed with Register of Deeds
" Publication in newspaper of general circulation in the province once a week for 3 consecutive weeks
" No outstanding debts at time of settlement*
" Bond equivalent to value of personal property posted with Register of Deeds**
" * Presumed that decedent left no debts if no creditor filed petition for letters of administration within 2 years
after death of decedent.
" ** Bond required only when personal property is involved in the extrajudicial settlement. Real estate is
subject to lien in favor of creditors, heirs or other persons for 2 years from distribution of estate,
notwithstanding any transfers of real estate that may have been made (Sec. 4, Rule 74).
CONTENTS
1. Compliance with the legal conditions for an extrajudicial settlement
2. Description of the properties to be extra-judicially settled (title number, value, location, lot size, technical
description, etc.)
3. Nature of the property (if conjugal property)
4. Name of the heirs
5. How the properties shall be divided amongst the heirs. 6. Posting of a bond if there is personal property
involved.
7. Undertaking that the Deed will be published in a newspaper of general circulation once a week for 3
consecutive weeks.
WHO MAY AND WHEN TO FILE?
WHO: The heir/heirs to the estate provided they are of legal age. If they are minors they must be judicially or
legally represented.
WHEN: It must be filed upon death of the decedent.
WHERE TO FILE?
“If the decedent left no will and no debts and the heirs are all of age, or the minors are represented by their
judicial or legal representatives duly authorized for the purpose, the parties may, without securing letters of
administration, divide the estate among themselves as they see fit by means of a public instrument filed in the
office of the register of deeds.” (Rule 74, sec. 1 of the Revised Rules of Court.)
WHAT ARE THE EFFECTS?
30

•The heirs may, without securing letters of administration, divide the estate among themselves by mean of
public instrument or stipulation.
• If the partition is allowed by the court the heirs must file a bond with the registry of deeds to the value of the
personal property involved as certified to under oath by the parties concerned
• The fact of extra judicial settlement shall be published in a newspaper in general circulation once a week for
three consecutive weeks in the province
• It shall be presumed that the decedent left no debts if no creditors files a petition for letters of administration
within two years after the death of the decedent. However, the two year prescription does not apply when
persons who have participated or taken part or had notice of the extrajudicial partition and in addition when the
provisions of Section 1 of Rule 74 has been strictly complied with.
EXTRAJUDICIAL SETTLEMENT OF ESTATE
This AGREEMENT made end and entered into this _____ day of ________ 20__, in
_______________________________________, by and between:
_____________, of legal age, Filipino, widow, residing at _________________________________;
_____________, of legal age, Filipino married, residing at _________________________________;
WITNESSETH, that:
WHEREAS, we are the sole heirs of the deceased ___________________ who died on
__________________, at _____________________________, copy of his death certificate is hereto attached
as Annex A;
WHEREAS, _______________________, died intestate, without Will or Testament, and without any
outstanding debts in favor of any person or entity;
WHEREAS, ________________________ is the absolute and registered owner of two parcels of land
located at __________________________ covered by Transfer Certificate of Title No. ________ and
_______, respectively, of the Registry of Deeds of _____________ and more particularly described as
follows:
[TECHNICAL DESCRIPTION OF THE PROPERTY]
WHEREAS, pursuant to Rule 74, Sec. 1 of the Revised Rules of Court of the Philippines, and being
with full capacity to contract, we do hereby adjudicate unto ourselves the parcel of land described
above, in equal shares.
IN WITNESS WHEREOF, we hereunto set our hand on the _______ day of _________________, ______
at _____________________________________.
The Heirs of __________________________

___________________________ _________________________
SIGNED IN THE PRESENCE OF:

___________________________ _________________________
ACKNOWLEDGEMENT
31

City of ________________ ) S.S
BEFORE ME, a Notary Public in and for the City of ______________________, this _____ day of
______________, personally appeared:
Name Identification Validity
_________________________ _________________________ _________________________
_________________________ _________________________ _________________________
who have satisfactory proven to me their identity that they are the same person who executed and
voluntarily signed the foregoing EXTRJUDICIAL SETTLEMENT OF ESTATE which they
acknowledged before me as their free and voluntarily act and deed.
The foregoing instrument which relates to an Extrajudicial Settlement of Estate of two parcels of
land consisting of ___ pages including the page on which this acknowledgement is written, has been
signed on the left margin of each and every page by the parties and the witnesses.
WITNESS MY HAND AND SEAL, this ____ day of _______________, in the City of
_______________________, Philippines.
Doc. No. _______;

Page No. _______;
Book No. ______;
Series of 20____.
32

AFFIDAVIT OF SELF ADJUDICATION
It is an affidavit required by Sec 1 of Rule 74 that is to be executed by the sole heir of a deceased person in
adjudicating to himself the entire estate left by the decedent which is also filed with the Registry of Deeds.
CITY OF BAGUIO ) S.S.
AFFIDAVIT OF SELF-ADJUDICATION
I, GREGGY DEL PILAR, of legal age, Filipino, single and a resident of No. 123 Tacay Road, Baguio
City, Philippines, after having been duly sworn in accordance with law, do hereby depose and say:
1. That I am the only daughter of GREGORY DEL PILAR who died intestate in Naguilian, Road,
Baguio City, on April 13, 2013 as evidenced by Death Certificate issued by the City of Baguio,
hereto attached as ANNEX “A” and made an integral part of this Affidavit;
2. That the said deceased left cash deposit in Bank of Philippine Islands, Inc., the amount of
P300,000.00;
3. That the said deceased left no debts;
4. That pursuant to Rule 74, Sec. 1 of the Rules of Court, I hereby adjudicate unto myself the above
described real estate by means of this Affidavit and hereby files the same with the Register of Deed
of Baguio City with the request that the said adjudication be made effective without judicial
proceeding as prescribed by the aforementioned Rules of Court.
th
IN WITNESS WHEREOF, I have set my hand this 19 day of April 2013 in the City of Baguio,
Philippines.
GREGGY DEL PILAR
Affiant
th
Baguio City.
JOSH E. RIZAL
Doc. No. 21
Page No. 4
Book No. 1
Series of 2013.
33

SETTLEMENT OF ESTATE OF DECEASED PERSON

• Rules 73 – 90, except Rule 74, Section 1
•
PETITION FOR PROBATE OF A WILL
Contents:
• The jurisdictional facts;
• The names, ages, and residences of the heirs, legatees, and devises of the testator or decedent;
• The probate value and character of the property of the estate;
• The name of the person for whom letters are prayed
Who may file:
Ø Devisees
Ø Executor
Ø Legatees
Ø Testator
Ø Any other persons interested in the Estate
Ø Heirs
When to file:
• Unless the testator files upon his lifetime, any executor, devisee, or legatee named in a will, or any
other person interested in the estate, may, at any time after the death of the testator, petition the court
having jurisdiction to have the will allowed, whether the same be in his possession or not, or is lost or
destroyed (Rule 76, Section 1)
Where to file:
• Jurisdiction (Batasang Pambansa Blg. 129)
• RTC – in all matters of probate, both testate and intestate, where the gross value of the estate
exceeds Three hundred thousand pesos (P300,000.00) or, in probate matters in Metro Manila,
where such gross value exceeds Four hundred thousand pesos (P400,000.00)
• MTC – if the gross value of the estate does not exceed Three hundred thousand pesos
(P300,000.00) or, in probate matters in Metro Manila, where such gross value does not
exceed Four hundred thousand pesos (P400,000.00)
• Venue (Rule 73, Section 1)
• If the decedent was a resident of the Philippines at the time of his death, the petition must be
filed before the Regional trial Court in the place where he resided at the time of his death.
• If the decedent was a resident of a foreign country at the time of his death, the petition must
be filed in any Regional Trial Court in the province where he had estate.
• Publication
• Notice of the filing of the petition for settlement of estate and the proceedings thereof are
required to be published in a newspaper of general circulation once a week for three
consecutive weeks.
Effects:
34

• By the time the will is probated, or upon proper proceedings of intestacy in the courts had been made,
the properties of the decedent would then be partitioned to the proper heirs as decided upon by the
court.
SAMPLE FORM: PROBATE OF WILL
(Caption and Title)
COMPLAINT
Petitioner, thru counsel, respectfully avers that:

1. Petitioner, of legal age, and a resident of _____________, is the executor named in the last will
and testament of _____________, deceased, who died in ________________,
on ______________;
2. A copy of the last will and testament is here attached as Annex “A,” the original thereof to be
presented to this Honorable Court at the time of probate;
3. The subscribing witnesses to the will are: _____________________________________,
all of whom are residents of _____________________;
4. The decedent is an inhabitant of the Philippines and a resident of ______________ at the time
of his death;
5. The petitioner is legally qualified to act as executor and hereby consents and agrees to
accept said trust;
6. The following persons, all of age, have been named in the said will as devisees of the
deceased;
7. The property left by the decedent consists of real and personal property, the gross value of
which is ______________; and
8. The testator, at the time of the executing of the said will, was ____ years old, of sound and
disposing mind, and not acting under duress, fraud, or undue influence and was in every
respect capacitated to dispose of his estate by will.
WHEREFORE, it is respectfully prayed that upon proper notice and hearing:

1. The abovementioned will of the deceased be admitted to probate; and
2. The letters testamentary (or of administration) be issued to herein petitioner, without bond.
Other reliefs just and equitable are likewise prayed for.
(Venue, date, signature)
SAMPLE FORM: OPPOSITION TO PROBATE OF WILL
(Caption and Title)
OPPOSITION TO PROBATE OF WILL
Oppositor by the undersigned attorney, and unto this Honorable Court, respectfully alleges:
1. He is one of the heirs of the deceased, ______________, whose alleged will has been
presented to this court for probate;
2. He opposes its allowance on the following grounds:
a. It was not executed and attested as required by law;
b. The testator was mentally incapable to make a will, at the time of its execution;
c. The said will was executed under duress, or the influence of fear or threats;
d. It was procured by undue and improper pressure and influence of fear or threats;
e. It was procured by undue and improper pressure and influence on the part of
______________; and
35

f. The signature of the testator was procured by fraud or trick, and he did not intend
that the instrument should be his will at the time of fixing his signature thereto.
WHEREFORE, the oppositors prays that said will be disallowed.

Other reliefs just and equitable are also prayed for.
SUMMARY SETTLEMENT OF ESTATES OF SMALL VALUE

Who may initiate Summary settlement?
• Summary settlement of estate may be initiated by the heirs, creditors, or other interested persons filing
a petition with the court
Requirement in summary settlement
1) The complaint must allege that the gross value of the estate of the deceased does not exceed
P10,000;
2) A bond has been duly filed in an amount fixed by the court;
3) A proper hearing is held not less than one month nor more than three months from the last date of
publication
Steps
A. File a petition in court alleging that the estate is of small value.
B. Publish a notice of the settlement proceedings in a newspaper of general circulation once a week for
three (3) consecutive weeks.
C. After completion of publication, the court may set the case for hearing and proceed summarily to settle
the estate.
SAMPLE FORM: SUMMARY SETTLEMENT OF ESTATES OF SMALL VALUE
(Caption and Title)
PETITION
PETITIONER, thru counsel, respectfully avers that:

1. Petitioner, a resident of ______________ is the (state relationship to the deceased) of the
deceased ______________, who died intestate (or testate) on ______________ in ______
_________;
2. Deceased left a real estate located in ____________, the gross value of which does not exceed
TEN THOUSAND PESOS (P10,000.00) as evidenced by a certificated of assessed value of
said property, issued by _____________ hereto attached as Annex “A;”
3. The following persons, all of age (or if minors, state so, asking the court to appoint
guardians ad litem for them) are the sole, lawful and exclusive heirs of the deceased.
4. The debts (if any) existing at the time of the death of the deceased, are as follows: (Name
creditors with their respective addresses, and the respective amounts due to them); and
5. It is desired that the estate of the deceased, be settled summarily, and apportioned and
divided among the abovementioned heirs, without the appointment of an executor or
administrator.
WHEREFORE, it is respectfully prayed that:

1. After notice to all interested parties, and due publication in a newspaper of general
36

circulation of this petition, and after due hearing in accordance with law, this Honorable
Court proceed summarily without the appointment of an executor or administrator, and to
apportion and divide the estate among the lawful heirs of the deceased after the payment of
the just debts; and
2. The costs of these proceedings be apportioned among the several heirs in accordance with
the value of the estate that may be awarded to each respectively.
Other reliefs just and equitable are likewise prayed for.
(VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING)
37

PETITION FOR ESCHEAT
ESCHEAT
- Is a proceeding whereby the State, by virtue of its sovereignty steps in and claims the real or personal
property of a person who dies intestate leaving no heir.
NOTE:
- An escheat proceedings rest on the principle of ultimate ownership by the state of all property within its
jurisdiction.
- Escheat is not an ordinary civil action but a special proceeding that should commenced not by
complaint but by petition (Municipal Council of San Pedro,Laguna v. Colegio de San Jose, GR
No.L45460,February 25, 1938).
PETITION FOR ESCHEAT:
A. Sec.1, Rule 91 – A petition may be filed when a person dies intestate with real properties within the
Philippines leaving no heir entitled to the same.
NOTE: This is escheat under the Civil Code, i.e. in default of the persons entitled to succeed in accordance
with the provisions of the Civil Code on succession, the State shall inherit the whole estate (Article 1011,
NCC).
In order that the State may take possession of the property, the pertinent provisions of the Rules of
Court must be observed (Rule 91). The Solicitor General shall file a petition in the RTC where the deceased
last resided. The court by its order set the date and place of hearing and should not be more than six months.
The order shall be published before the hearing at least once a week for six successive weeks. Then the court
shall adjudge that the estate of the deceased after payment of debts and charges shall be escheated in favour
of the State.
PETITION FOR UNCLAIMED BALANCES:
Act No. 3936 – Under this Act, unclaimed deposits (dormant) during the preceding ten (10) years or more can
be escheated in favor of the government. The banking institution should submit to the Treasurer of the
Philippines a sworn statement of all credits and deposits or withdrawal during the preceding ten years or more.
CONTENTS OF THE SWORN STATEMENT:

1. Names and last known address of the persons with unclaimed balances;
2. The amount, date and nature of the outstanding unclaimed balances;
3. The date of death or last deposit or withdrawal;
4. The interest due and the amount thereof.
REQUISITES FOR FILING OF PETITION FOR ESCHEAT:

1. That a person died intestate;
2. That he left no heirs or persons entitled by law to the same; and
3. That the deceased left properties.
CONTENTS OF PETITION FOR ESCHEAT:

(Sec.1, Rule 91)
(1) Jurisdictional facts:
a) Name of the deceased person;
b) City/Municipality where the deceased last resided in the Philippines;
(2) Name, age and residence of creditors;
(3) Probable value and character of the property.
38

WHO MAY AND WHEN TO FILE PETITION FOR ESCHEAT:
Escheat proceeding must be initiated by the Solicitor General or his representative, in behalf of the
Republic of the Philippines, when a person dies intestate, seized of real property in the Philippines, leaving no
heir or person by law entitled to the same (Sec.1,Rule 91).
WHO MAY AND WHEN TO FILE A CLAIM ON THE ESCHEATED PROPERTY:

1. Any person alleging to have a direct right or interest in the property sought to be escheated is likewise
an interested and necessary party and may appear and opposes the petition of escheat (65 Phil 318)
1938.
2. Any devisee, legatee, heir, widow/er, or other person entitled thereto. Such person shall have
possession of and title to the same, or if sold, the municipality or city shall be accountable to him for
the proceeds after deducting reasonable charges for the care of the estate (Sec.4, Rule 91).
WHEN TO FILE THE CLAIM ON ESCHEATED PROPERTY:

Within five (5) years from the date of judgment, otherwise it will be barred forever (Sec. 4, Rule 91).
WHERE TO FILE:
A petition for escheat may be filed within the RTC of the province where the deceased last resided or
which he had estate, if he was a non-resident.
EFFECTS IF ESCHEAT IS GRANTED:

If the decedent was a resident of the Philippines;
a. Personal estate goes to the municipality or city of last residence.
b. Real estate goes to the municipality or city where the same is situated.
If the decedent was a non-resident;

The estate goes to respective municipalities or cities where the properties are located.
FORM: PETITION FOR ESCHEAT (LAND)

BRANCH _____, MANILA
In the Matter of Escheat of the Estate

Of JOSE DELA CRUZ.
Republic of the Philippines, SP. PROC. No. _______

Petitioner.
x--------------------------------------------x
PETITION
The Republic of the Philippines, through the Solicitor General, alleges:
1. Petitioner is a sovereign political entity organized under the Constitution and with
capacity to sue and represented by the Solicitor General, who is the general counsel of
Petitioner.
2. On March 15, 2016, JOSE DELA CRUZ died in the City of Manila, then residing at No.23
Jocson Street, Sampaloc, Manila, which was his residence at the time of his death.
3. The deceased died intestate, leaving a parcel of land with TCT No. T-94395 of the
Registry of Deeds of Manila, located at C.M. Recto, Sampaloc, Manila, and which is more
particularly described as follows:
39

(Copy of Technical Description)
4. The decedent died with no heir or person entitled by law to the above-described
property.
WHEREFORE, petitioner prays that the estate of JOSE DELA CRUZ be escheated to
petitioner, as provided for by law.
Manila, Philippines, July 12, 20___
(Sgd)
SOLICITOR GENERAL
FORM: PETITION FOR UNCLAIMED BALANCES

BRANCH _____, MAKATI
In the Matter of Escheat of UNCLAIMED

BANK DEPOSITS.
Republic of the Philippines, SP. PROC. No. _______

Petitioner.
x--------------------------------------------x
PETITION
The Republic of the Philippines, through the Solicitor General, alleges:
1. Petitioner is a sovereign political entity organized under the Constitution and with
capacity to sue and represented by the Solicitor General, who is the general counsel of
Petitioner.
2. On June 21, 2017, the SOLICITOR GENERAL was informed by BANK OF PHILIPPINE
ISLANDS, with principal offices in Makati City, that the following bank depositors, with
balances opposite their names, had not withdrawn the same nor had they made deposits
for more than ten (10) years from their last withdrawals or deposits, to wit:
(Copy)
Depositors: Address: Balance: Date of Withdrawal/Deposit:

_______________ _____________ __________ _____________________________
_______________ _____________ __________ _____________________________
_______________ _____________ __________ _____________________________
3. Pursuant to Act No. 3936, such unclaimed bank balances or deposits could be
escheated in favour of the Republic of the Philippines.
WHEREFORE, petitioner prays that after due notice, judgment be rendered, ordering that
the above-mentioned unclaimed bank balances or deposits be escheated in favour of the Republic
of the Philippines, pursuant to Act No.3936.
40

Makati City, Philippines, July 15, 20___
(Sgd)
SOLICITOR GENERAL
PETITION/COMPLAINT FOR REVERSION OF LAND:
GOVERNING LAWS:
1. 1987 Constitution
Article 7 Section XII. “Save in cases of hereditary succession, no private lands shall be transferred or
conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the
public domain.
2. Sec.5, Rule 91 – A petition for reversion of property alienated in violation of the Constitution or of
any statue.
3. CA No.141 (Public Land Act) – “All actions for the reversion to the Government of lands of the
public domain or improvements thereon shall be instituted by the Solicitor General or the officer
acting in his stead, in the proper courts, in the name of the Commonwealth of the Philippines (Sec.
101).
4. RA No. 8435 – Idle and unproductive agricultural inactivity of at least 7 hectares or larger for at least
two or more years, the land shall be subject to escheat proceedings.
GROUNDS FOR REVERSION OF LAND:

1. Acquisition of land in violation of the Constitution;
2. Violation of Public Land Act;
3. Idle agricultural land under RA No.8435.
WHO MAY FILE PETITION FOR REVERSION:

The Office of the Solicitor General shall represent the government in all land registration and related
proceedings and institute actions for the reversion to the government of lands of the public domain and
improvements thereon as well as lands held in violation of the Constitution.
WHERE TO FILE PETITION FOR REVERSION:

Action shall be instituted in the RTC of the province where the land lies in whole or in part.
FORM: COMPLAINT FOR REVERSION (For Violation of Public Land Act)

Branch_______, Makati City
Republic of the Philippines,

Plaintiff,
-versus- Civil Case No. ______
Juan dela Cruz,

Defendant.
x _________________________ x
COMPLAINT FOR REVERSION

(Violation of Public Land Act)
41

PLAINTIFF, by the undersigned Solicitor General, and alleges:
1. Plaintiff is legal entity created by the Constitution, with the power to sue, through
the Solicitor General as provided by law.
2. Defendant applied for a homestead of a piece of land, consisting of five (5) hectares
Barangay_________, Municipality of _______________, Province of ________, claiming among others
that he took possession of the land and cultivated if for _____years, and after investigation by the
officers of the Bureau of Land Management, the latter recommended approval of the application for
homestead patent, and was eventually issued Patent No._______, which defendant registered with
the Registry of Deeds for _________ and was issued a certificate of title covering the land.
3. The Bureau of Land Management subsequently made a land mapping and survey of
public lands in said Barangay of __________, Municipality of ____________, Province of _____________,
and officers thereof found that the parcel of land applied for homestead by defendant still formed
part of the timber land and had not been reclassified as alienable and disposable.
4. The patent issued to defendant is accordingly null and void as violative of the Public
Land Act, as it covered lands which are prohibited from being alienated and disposed and as it
formed and still forms part of the timber lands of the public domain.
WHEREFORE, plaintiff prays that the homestead patent granted to defendant be declared
null and void and that the same be reverted to the public domain.
Place and date.
(Sgd)
Solicitor General
Counsel for Plaintiff
Address: __________
Roll No: ___________
IBP No. ____ issued on
______ at _____________
PTR No: ____ issued on
______ at _____________
VERIFICATION AND CERTIFICATION

(To be accomplished by the Director of Land Management Bureau)
I, ______________, of legal age, Filipino and with residence at 50 Maria Clara Street, Makati
City, after having duly sworn, depose and say:
1. That I am the plaintiff/petitioner in the above-entitled complaint/petition.
2. That I caused the preparation of said complaint/petition.
3. That I have read the allegations therein contained, and that the same are true and
correct of my personal knowledge or based on authentic records.
4. That I have not therefore commenced any action or filed any claim involving the same
issues in any court, tribunal, or quasi-judicial agency and, to the best of my knowledge,
no such other action or claim is pending therein; and if I should thereafter learn that the
same or similar action or claim has been filed or is pending, I shall report the fact within
five(5) days there from to the court wherein the aforesaid complaint or initiatory pleading
has been filed.
42

WITNESS my hand this ___________ day of _________20 ________ at Makati City, Philippines.
Affiant
SUBSCRIBED AND SWORN to before me, a notary public in and for ________, this day of
________, at _______, Philippines, affiant appearing before me with his ID No.__________issued
on________ at____________and presenting to me a document entitled______________, affiant being
known to me personally and who signed said document in my presence and sworn as to said
document that he understood the contents thereof and that the same was his free and voluntary
act and deed.
Notary Public
Until Dec. 31, 20___.
Doc. No. ______;

Page No. ______;
Book No. _____;
Series of 20___.
43

PETITION FOR DECLARATION OF PRESUMPTIVE DEATH
WHAT RULES GOVERN?
• If the purpose of the declaration of presumptive death is for remarriage, Article 41 of the Family Code
shall govern the petition;
• If the purpose of the declaration of presumptive death is for representation of the absentee in all that
may be necessary, e.g. administration of his properties, Rule 107 of the Rules of Court on Absentee
shall govern.
ART. 41 OF THE FAMILY CODE PROVIDES:
“A marriage contracted by any person during the subsistence of a previous marriage shall be null and void,
unless before the celebration of the subsequent marriage, the prior spouse had been absent for four
consecutive years and the spouse present had a well-founded belief that the absent spouse was already
dead. In case of disappearance where there is a danger of death under the circumstances set forth in the
provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.”
KINDS OF PRESUMPTIVE DEATH:
1. Ordinary Presumption
• Ordinary absence
• Absentee disappears under normal conditions without danger
• Idea of death
2. Extra-ordinary Presumption
• Qualified absence
• Disappearance with great probability of death
NOTES:
• Thus, in order to be declared as presumptively dead, the code provides for two periods: FOUR (4)
consecutive years and TWO (2) consecutive years.
• Under ordinary circumstances, absence for four (4) consecutive years will suffice.
• However, under extra-ordinary circumstances or where there is danger of death, absence of TWO (2)
consecutive years will be enough.
• In order to determine what are the instances under the extra-ordinary circumstances, reference may
be had to Article 391 of the Civil Code on the presumption of death, to wit:
EXTRA-ORDINARY PRESUMTION OF DEATH:
Presumption of death for all purposes including the division of

Estate among heirs in case of extra-ordinary presumption of death:
1. Person on board a vessel lost during a sea voyage, or an airplane which is missing, who has
not been heard of for four (4) years since the loss of the vessel or airplane;
2. Person in the armed forces who has taken part in war, and has been missing for four (4) years;
or
44

3. Person who has been in danger of death under other circumstances and his existence has not
been known for four (4) years.
What are the requisites for the issuance of JUDICIAL DECLARATION OF PRESUMPTIVE DEATH under
Art. 41 of the Family Code?
The requisites are:
1. That the absent spouse has been missing for four consecutive years, or two consecutive years if
the disappearance occurred where there is danger of death under the circumstances laid down in
Article 391, Civil Code;
2. That the present spouse wishes to remarry;
3. That the present spouse has a well-founded belief that the absentee is dead; and
4. That the present spouse files a summary proceeding for the declaration of presumptive death of
the absentee.
What is a well-founded belief?
• The Supreme Court ruled: “The well-founded belief in the absentee’s death requires the present
spouse to prove that his/her belief was the result of diligent and reasonable efforts to locate the
absent spouse and that based on these efforts and inquiries, he/she believes that under the
circumstances, the absent spouse is already dead. It necessitates exertion of active effort (not a mere
passive one). Mere absence of the spouse (even beyond the period required by law), lack of any
news that the absentee spouse is still alive, mere failure to communicate or general presumption of
absence under the Civil Code would not suffice. The premise is that Article 41 of the Family Code
places upon the present spouse the burden of complying with the stringent requirement of “well-
founded belief” which can only be discharged upon a showing of proper and honest to goodness
inquiries and efforts to ascertain not only the absent spouse’s whereabouts but, more important,
whether the absent spouse is still alive or is already dead (Republic vs. Orcelino-Villanueva, GR No.
210929, July 29, 2015).”
FINALITY OF JUDICIAL DECLARATION OF PRESUMPTIVE DEATH:
General Rule:
The order of the trial court granting the petition for judicial declaration of presumptive death under
Article 41 of the Family Code is immediately final and executory by the express provision of Article 247 of
the Family Code (Republic vs. Bernudez-Lorino, GR No.160258, January 19, 2005).
Exception:
Under Article 41 of the Family Code:
• The losing party may file a petition for certiorari with the Court of Appeals on the ground that the
trial court committed grave abuse of discretion amounting to lack of jurisdiction.
• From the decision of the CA, the aggrieve party may elevate the matter to the Supreme Court via a
petition for review on certiorari under Rule 45 of the Rules of Court (Republic vs. Yolanda
Cadacio-Granada, GR No.187512, June 13, 2012).
EFFECT:
• It does not terminate the first marriage but merely suspends the effects of the first marriage
including the property relations of the spouses.
CONTRACTING THE SUBSEQUENT MARRIAGE
45

Effect of Reappearance:
• It does not automatically terminate the subsequent marriage.
• To cause the termination of the subsequent marriage, the reappearance must be made in an
affidavit of reappearance and the recording of a sworn statement of the fact and circumstances
of such reappearance in the civil registry (Article 42 of the Family Code).
• If, however there was previous judgment annulling or declaring the prior marriage void, then
the reappearance of the absent spouse, the execution of the affidavit, and the recording of the sworn
statement shall not result to the termination of the subsequent marriage (Article 42 of the Family
Code).
May a Spouse who reappeared remarry after the declaration of presumptive death?
No. Unless there is a final judgment declaring his marriage with his spouse annulled or void.
The law provides that it is only the spouse present who can remarry. Unfortunately, the law did not
give such right to the absent spouse.
What is the effect if the parties to the subsequent marriage obtains knowledge that the spouse
absent has reappeared?
None. If the absentee reappears but no step is taken to terminate the subsequent marriage, either
by affidavit or by court action, such absentee’s mere reappearance, even if made known to the
spouses in the subsequent marriage, will not terminate such marriage (SSS vs. Jarque de Bailon, GR
No.165545, March 24, 2006).
FORM: PETITION FOR DECLARATION OF PRESUMPTIVE DEATH

BRANCH 15
9th Judicial Region
Pettit Barracks, Sta.Barbara, Zamboanga City
IN RE: SUMMARY PETITION FOR DECLARATION OF

PRESUMPTIVE DEATH OF JUAN PEDRO DELA CRUZ
FOR PURPOSES OF REMARRIAGE UNDER ARTICLE 41
OF THE FAMILY CODE.
MARIA CLARA SOLIS-DELA CRUZ, SP. PROC. No. _______

Petitioner.
x--------------------------------------------x
PETITION
COMES, NOW, PETITIONER through the UNDERSIGNED COUNSEL, unto the Honorable
Court, most respectfully states that:
1. Petitioner is of legal age, married, Filipino citizen and residing at Don Alfaro Street,
Tetuan, Zamboanga City, for twenty (20) years now, and whereat, she can be served with
notice and other processes of this Honorable Court;
46

2. Petitioner is married to JUAN PEDRO DELA CRUZ, on September 28, 2004 at
Metropolitan Cathedral, Zamboanga City, and during said marriage, a son named JUAN
PEDRO DELA CRUZ, JR. was born on June 23, 2005. Attached herewith are copies of
the Marriage Certificate and Birth Certificate marked as Annexes “A” and “B”
respectively;
3. After their marriage, they established their conjugal home at Putik, Zamboanga City;
4. During the cohabitation, JUAN PEDRO DELA CRUZ was employed as a seaman in a
cargo ship owned by SAMPAGUITA SHIPPING CORPORATION, with office address
located at Port A, Zamboanga City. Attached herewith is a copy of the employment
contract marked as Annex “C”;
5. On December 8, 2005, JUAN PEDRO DELA CRUZ was boarded MV DOLOROSA

bounded to Tawi-Tawi with eighteen (18) other crews and the ship captain;
6. At around 10:00 in the evening of the same day, petitioner was informed by Mr. Choi Go,
owner of the Sampaguita Shipping Corporation, that they lost communication with the
ship MV Dolorosa during their voyage due to bad weather;
7. Immediately, a search and rescue operations was conducted by the Philippine Coast
Guard, but after twelve (12) hours of search, they decided to suspend the same, due to
typhoon Malakas which brought heavy torrential rains and destructive waves and after
three (3) weeks of search, it terminated the operations after efforts prove futile;
8. Thereafter, petitioner and her family made a nine day prayer to pay tribute to the death
of JUAN PEDRO DELA CRUZ;
9. On January 6, 2006, petitioner and Juan Pedro dela Cruz, Jr., decided to move to Anna
Tamayo Solis’ house, petitioner’s mother at Sta. Maria, Zamboanga City as the loss was
too much for them to bear and because petitioner could not take care of their child while
working;
10. Despite this, petitioner still hoped to hear news about his husband and in constant
communication with Mr. Go and her in-laws in Tetuan, Zamboanga;
11. Petitioner exerted all efforts to find her husband including the posting in public places
and publication of the same in the Daily Zamboanga Times, a local newspaper and
inviting the public to give information of his husband’s whereabouts, but to no avail;
12. Years passed and nothing was heard of her husband, and it is now that petitioner is of
strong well-founded belief and honest feeling that her husband died in the ill-fated
sinking of MV DOLOROSA;
13. It is almost TWELVE (12) YEARS and SEVEN (7) MONTHS to date since the
disappearance of JUAN PEDRO DELA CRUZ, under the extra-ordinary disappearance.
Hence,, the instant petition for the declaration of presumptive death for the purposes of
remarriage under Article 41 of the Family Code, and
14. Petitioner is intending to marry again once her petition is approved by the Honorable
Court.
WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court

that, after due notice and proceedings, the instant petition be GRANTED, and
1. JUAN PEDRO DELA CRUZ be declared presumptively dead, and
47

2. The vinculum matrimony between him and petitioner be LEGALLY SEVERED, thereby
enabling petitioner to remarry.
Petitioner further prays for such other orders and reliefs that the Honorable Court deems
just and equitable.
Zamboanga City, Philippines, July 10, 2018
ATTY. VAN REGINE PERLAS

Rm. 123, 8th Flr Garden Hotel,
Camia Avenue, Zamboanga City
Tel. No._______ Fax No.___
E-mail Address: _________
IBP Member (OR 39539-06-07)
MCLE Comp Exempt (2017
On_____at____________
PTR No.0200089-06-07-2018
On_____at______________
Roll No. 70947
On________at___________
V E R I F I C A T I O N/C E R T I F I C A T I O N
I, MARIA CLARA SOLIS DELA CRUZ, of legal, married and residing at Don Alfaro St.,
Tetuan, Zamboanga City, after having been duly sworn in accordance with law, hereby depose and
states:
That, I am the petitioner in the above entitled case, have caused the preparation of the
foregoing pleading, have read all the allegations stated therein, and found the same true and
correct of own knowledge, information, and other authentic documents on hand;
That, I have not commenced any other actions or proceeding involving the same issues in
any other court, tribunal or quasi-judicial agency, and to the best of my knowledge, no such action
is pending therein;
That, If I should thereafter learn, that a similar action or proceeding has been filed or is
pending before any other court, tribunal or quasi-judicial agency. I shall notify this Honorable
Court within five (5) from knowledge.
IN WITNESS WHEREOF, I hereunto set my hand, this 10th of July 2018 at Zamboanga City,
Philippines.
MARIA CLARA SOLIS-DELA CRUZ

Affiant
SUBSCRIBED AND SWORN, to before me, this 10th of July 2018, at Zamboanga City,
Philippines. Affiant exhibiting to me her Passport No. 75952 issued on December 15, 2016 at DFA,
Manila and presenting to me a document entitled Petition for Declaration for Presumptive Death of
Juan Pedro dela Cruz, affiant is identified through her competent identity or document in my
presence and sworn as to said document that she understood the contents thereof and that the
same was her free and voluntary act and deed.
NOTARY PUBLIC
48

CONTRACT OF LEASE OF PERSONAL PROPERTY
LEASE
Article 1642. The contract of lease may be of things, or of work and services.
• In contract of lease, only the use or enjoyment of the thing is transferred, and only for a determinate
period
Article 1643. In the lease of things, one of the parties binds himself to give to another the enjoyment or use of
a thing for a price certain, and for a period which may be definite or indefinite. However, no lease for more than
ninety-nine years shall be valid.
• Subject matter must be within the commerce of man
• Purpose is to transmit the use or enjoyment of a thing [NOTE: manner of use or enjoyment is subject
to limitations and conditions]
• Price must be determined by the parties, or at least, susceptible of determination under the contract
• Period should not exceed 99 years [Note: principle of free circulation of property]
Reminder: The Code makes no special provisions for the lease of movables. In the absence of special law, the
provisions of the Code which are of the essence of lease, and which do not require as a necessary condition
that the property be immovable, are applicable to leases of personal property.
AGREEMENT MUST BE IN WRITING:
“Art. 1403. The following contracts are unenforceable, unless they are ratified:
(e) An agreement of the leasing for a longer period than one year, or for the sale of real property or of
an interest therein;”
WHO MAY EXECUTE A LEASE CONTRACT?
1. The OWNER of the thing [Article 1643, Civil Code];
2. The AGENT of a principal [Article 1878, Civil Code];
3. The GUARDIAN of a ward, until the latter reaches the age of majority [Rule 95, Rules of Court];
4. The LESSEE by assignment [Article 1649, Civil Code];
5. The SUBLESSEE [Article 1650]; and
6. The USUFRUCTUARY [Article 562, Civil Code]
WHO ARE THE PERSONS DISQUALIFIED TO BE LESSEES?
A husband and a wife cannot lease to each other their separate properties except if separation of property was
agreed upon or if there has been judicial separation of property.
This is to prevent prejudice to creditors and to prevent the stronger spouse from influencing unduly the weaker
spouse. Also, those mentioned in this article of the New Civil Code are disqualified:
Art. 1491. The following persons cannot acquire by purchase, even at a public or judicial auction, either in
person or through the mediation of another:
(1) The guardian, the property of the person or persons who may be under his guardianship;
(2) Agents, the property whose administration or sale may have been entrusted to them, unless the consent of
the principal has been given;
(3) Executors and administrators, the property of the estate under administration;
(4) Public officers and employees, the property of the State or of any subdivision thereof, or of any
government-owned or controlled corporation, or institution, the administration of which has been entrusted to
them; this provision shall apply to judges and government experts who, in any manner whatsoever, take part in
the sale;
(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and other officers and
employees connected with the administration of justice, the property and rights in litigation or levied upon an
execution before the court within whose jurisdiction or territory they exercise their respective functions; this
prohibition includes the act of acquiring by assignment and shall apply to lawyers, with respect to the property
and rights which may be the object of any litigation in which they may take part by virtue of their profession.
49

(6) Any others specially disqualified by law. (1459a)
*Persons referred to in Article 1491 of the New Civil Code are disqualified because of fiduciary relationships
CONTENTS OF THE CONTRACT:
1. Venue and Title
2. Lessor and Lessee
3. Motor Vehicle Details
4. Lease Amount
5. Term of the Lease Agreement
6. Acknowledgement
SAMPLE LEGAL FORM FOR LEASE OF PERSONAL PROPERTY

REPUBLIC OF THE PHILIPPINES )
CITY OF _________________ ) S. S.
CONTRACT OF LEASE
This contract made and executed by and between:
JUAN DELA CRUZ, of legal age, Filipino and a resident of 22 Sampaloc Ave., Manila hereinafter
referred to as the LESSOR;
and
LYNK BAYSA, of legal age, Filipino, single and residing in 33 Sampaloc Ave., hereinafter referred to
as the LESSEE;
WITNESSETH:
That the parties have hereto agreed as follows:
1. That the LESSOR hereby lets and leases unto the LESSEE his motor vehicle described as follows:
MAKE: 2017 Honda

COLOR: BLACK
BODY: CIVIC
MOTOR NO. :123456
CHASSIS NO. : 7891011
PLATE NO. : XYZ-123
2. That the monthly rental shall be in the amount of TWENTY THOUSAND PESOS (P 20,000.00),
per month, payable at the end of each and every month;
3. That the term of this contract shall be two (2) years commencing on January 1, 2018 and ending
on December 31, 2019 and automatically renewed from year to year unless sooner terminated by a
notice of at least thirty (30) days before such termination;
4. All the expenses for the registration, insurance, tire, battery, fuel, care and maintenance of the
leased unit, as well as any and all damages and liabilities caused to third parties or the public by
reason of any accident whatsoever, shall before the sole account of the LESSEE;
5. LESSEE may sublease the unit to any other person but the right of LESSOR as herein stipulated
shall not be affected whatsoever.
50

IN WITNESS WHEREOF, the parties have hereunto set their hands this ____ day of July 2018 in
Manila, Philippines.
JUAN DE LA CRUZ
Lessor
LYNK BAYSA
Lessee
SIGNED IN THE PRESENCE OF:
__________________________ __________________________
Witness Witness
ACKNOWLEDGMENT
SUBSCRIBED AND SWORN TO BEFORE ME, this _____ day of _______________, 2018, in the City of
__________________________, personally appeared:
NAME COMPLETENT EVIDENC OF IDENTITY VALIDITY

JUAN DELA CRUZ PASSPORT NO. X0891239 08 Aug 2015 – 09 Aug 2020
LYNK BAYSA PASSPORT NO. XX6504627 06 Oct 2015 – 05 Oct 2020
that they executed the foregoing as their free and voluntary act and deed. Known to me to be the
same persons who executed the foregoing instrument, made oath to the truth thereof and
acknowledged that the same are their free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on the date and
NOTARY PUBLIC
Doc No. ___;
Page No. ___;
Book No. ___;
Series of 2018
51

COMPLAINT FOR FORECLOSURE OF MORTGAGE
REAL ESTATE MORTGAGE
Real Estate Mortgage is a contract whereby the debtor secures to the creditor the fulfillment of a principal
obligation, specially subjecting to such security, immovable property or real rights over immovable property, in
case the principal obligation is not paid or complied with at the time stipulated.
CAUSES OF ACTION OF MORTGAGE-CREDITOR
Mortgage-creditor has a single cause of action against the mortgage-debtor, which is to recover the debt, but
he has the option to either:
1. File a personal action for collection of sum of money; or
2. Instituting a real action to foreclose on the mortgaged property
FORECLOSURE - a remedy available to the mortgagee by which he subjects the mortgaged property to the
satisfaction of the obligation.
KINDS OF FORECLOSURE
1. Judicial – Governed by Rule 68, Rules of Court;
2. Extrajudicial – Mortgagee is given a SPA to sell the mortgaged property (Act. No. 3135, as amended
by Act No. 4118 )
JUDICIAL FORECLOSURE – RULE 68 UNDER RULES OF COURT

WHO MAY EXERCISE
The right of foreclosure cannot be exercised by any person other than the creditor-mortgagor or his assigns
(Borromeo v. Court of Appeals, G.R. No. 133079, August 9, 2005)
WHAT IS THE EXTENT
Foreclosure must be limited to the amount mentioned in the mortgage document (Landrio, Jr. v. Court of
Appeals, G.R. No. 133079, August 9, 2005)
NATURE OF JUDICIAL FORECLOSURE - action quasi in rem
CONTENTS - What should be alleged in a complaint for foreclosure?
1. The date and due execution of the mortgage;
2. Its assignments, if any;
3. The names and residences of the mortgagor and the mortgagee;
4. A description of the mortgaged property;
5. A statement of the date of the note or other documentary evidence of the obligation secured by the
mortgage;
6. The amount claimed to be unpaid thereon;
7. The names and residences of all persons having or claiming an interest in the property subordinate in
right to that of the holder of the mortgage, all of whom shall be made defendants in the action
• A copy of the Real Estate Mortgage should be attached to the complaint

GROUNDS - Upon failure of the mortgagor to pay his obligation within the required period, the remedy of the
mortgagee is to foreclose the mortgage.
PROCEDURES IN JUDICIAL FORECLOSURE
1. Judicial action brought to the proper court having jurisdiction.
2. Order by the court for mortgagor to pay mortgage debt if the court finds the complaint to be well-
founded, within a period of not less than 90 days nor more than 120 days from the entry of judgment.
3. Sale to the highest bidder at a public auction if the mortgagor fails to pay at the time directed in the
court order
52

4. Confirmation of the sale, which operates to divest the rights of all parties to the action and vest their
rights to the purchaser.
5. Execution of judgment in the manner provided by law on mortgages, the parties not being authorized
to change the procedure prescribed (Piano v. Cayanong, G,R, No. L-18603, February 28, 1963).
NOTE: The proper remedy to seek reversal of a judgment in an action for foreclosure is an appeal
from the judgment itself or from the order confirming the sale of the foreclosed real estate (Sps.
Agbada v. Inter-Urban Developers, Inc., G.R. No. 144029, September 19, 2002).
6. Application of the proceeds of the sale
7. Costs of sale;
8. Amount due the mortgagee;
9. Claims of junior encumbrancers or persons holding subsequent mortgages in the order of priority;
10. The balance, if any, shall be paid to the mortgagor, or his duly authorized agent, or the person entitled
to it.
11. Execution of sheriff’s certificate.
NOTE: In the absence of a certificate of sale, no title is passed by the foreclosure proceedings to the
vendee.
NECESSITY FOR CONFIRMATION OF COURT IN FORECLOSURE SALE
A foreclosure sale (in judicial foreclosure) is not complete until it is confirmed and before such confirmation, the
court retains control of the proceedings by exercising sound discretion in regard to it either granting or
withholding confirmation as the rights and interests of the parties and the ends of justice may require (Rural
Bank of Oroquieta v. CA, No. 53466, November 10, 1980).
There can be no redemption of the property after confirmation. Such confirmation retroacts to the date of the
auction sale. After the confirmation, the previous owners lose any right they may have had over the property,
which rights in turn vested on the Purchaser of the property (Lonzame v. Amores, G.R. No. L-53620, January
31, 1985).
RIGHT TO RECOVER DEFICIENCY
GR: Mortgagee has the right to recover deficiency by way of mere motion.
XPN: When the mortgage was executed by a third person to secure the obligation of a debtor, such third
person not having assumed personal liability for the payment of the debt, the extent of recovery in the
judgment foreclosure shall be limited to the purchase price at the foreclosure sale. The remedy of the
mortgagee in such case is to proceed against the debtor in an ordinary action for sum of money to recover the
balance of debt due (Rabuya, 2017).
COMPLAINT FOR FORECLOSURE OF REAL ESTATE MORTGAGE

National Capital Region
Branch .
City of Manila
JUAN DELA CRUZ,

Plaintiff,
Civil Case No.____________________

- versus - For: Foreclosure of Real Estate Mortgage
PEDRO SANTOS,
Defendant.
x------------------------------------------x
53

COMPLAINT
Plaintiff Juan Dela Cruz, through the undersigned counsel, respectfully states that:
1. Plaintiff is if legal age, single, and a resident of 34 Mabini Street, Manila while defendant Pedro
Santos is of legal age, single and a resident of 24 Mabini Street, Manila;
2. On February 20, 2016 defendant borrowed Php 700,000 from plaintiff, payable within one year
from said date, with 6% interest per annum; to secure payment of such loans, he executed on the
same date a Real Estate Mortgage on his lot located in Manila City covered by TCT No. 354644 on
the registry of Deeds of Manila, more particularly describe as follows:
A Parcel of land Lot No. 5634, Pls-800, situated in the Barrio of Nakpil, City of
Manila, Metro Manila, Island of Luzon. Bounded on the N., along lines 1-2-, by Lots
3445 and Lots 3343; On the E., along line 345, by Lot 2463; on the S., along line 4-5,
by Reforestation Administration; and on the W., along line 5-1, by Lot 4432, all of Pls-
800, containing an area of THIRTY THREE THOUSAND TWO HUNDRED (33,200)
SQUARE METERS, more or less, registered in the name of Mortgagor and declared
for Taxation purposes under Tax Declaration No. E-038642 including its existing and
future improvements found and maybe introduced thereon
3. Copy of said real estate mortgage is attached hereto and made an integral part thereof as Annex
“A”;
4. Said Real Estate Mortgage was registered with the registry of Deeds of Manila on February 28,
2016
5. Said Real Estate Mortgage is the first mortgage constituted on said land and no other person is
claiming any other interest thereon
6. One Year period has expired, without defendant paying the principal amount and interest
thereon. Accordingly, plaintiff demanded, through a Demand Letter dated February 23, 2017, of
defendant to pay his overdue obligations, despite such demands, defendant continually refuses to
pay the same
7. Copy of said Demand Letter dated February 23, 2017 is attached hereto and made an integral
part thereof as Annex “B”
PRAYER
WHEREFORE, it is respectfully prayed:
(a) That, upon due hearing, judgment be rendered: (1) ordering the defendant to pay unto the court
within the reglementary period of ninety days the sum of Php 700,000 together with the stipulated
interest at 6 % per annum from and after February 20, 2016 , plus the additional sum of 20 %
of the total amount due as attorney’s fees, expenses and costs; (2) and that in default of such
payment, the above-mentioned property be ordered sold to pay off the mortgage debt and its
accumulated interest, plus 20 % of the total amount due as attorney’s fees, expenses and costs,
(b) That plaintiff be granted such other relief in law and equity. City of Manila, Philippines, July 13,
2018.
Atty. Domingo Magtanggol

Counsel for Plaintiff
Unit 345, XYZ Bldg., Malate, Manila
P.T.R. No.2324334; 1/10/14 - Manila
IBP O.R. No.3423; 01/10/14 - Manila
Roll No. 234234; 05/05/12
MCLE No. I – 0002342; 9/09/17
54

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
Republic of the Philippines )

City of Manila ) S.S.
I, JUAN DELA CRUZ, of legal age, under oath, depose and state that:
1. I am a resident 34 Mabini Street, the complainant herein;
2. I caused the preparation and filling of the foregoing petition, and read and understood the
same;
3. All the allegations therein contained are true and correct of my own knowledge and/ or
based on authentic records of this petition.
4. I hereby certify that I have not commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or different Division thereof, or
before any other tribunal or agency, and to the best of my knowledge, no such action or
proceeding is pending in the Supreme Court, the Court Of Appeals or any Division thereof
before any other tribunal or agency.
5. If I should learn that a similar action or proceeding has been filed or is pending before the
Supreme Court, the Court of Appeals or any other tribunal or agency, I undertake to report
that fact within five (5) days therefrom to the Court or agency wherein the original pleading
and sworn certification has been filed.
(Sgd) JUAN DELA CRUZ

Affiant
SUBSCRIBE AND SWORN TO before me this 10TH day of July, 2018 at Manila City, Philippines,
affiant exhibiting to me his competent evidence of identity a driver’s license with Valid I.D no.
23432
Atty. Juana Lotto

Notary Public for Manila
P.T.R. No.3459083; 1/10/14 - Manila
IBP O.R. No.8883; 01/10/14 - Manila
MCLE No. I – 0099942; 9/09/17
Roll No. 234234; 05/05/12
Serial No. of Commission M-234
Doc No. ___;

Page No. ___;
Book No. ___;
Series of 2018
EXTRAJUDICIAL FORECLOSURE - Act. No. 3135, as amended by Act No. 4118

An extrajudicial foreclosure may only be effected if in the mortgage contract covering a real estate; a clause is
incorporated therein giving the mortgagee the power, upon default of the debtor, to foreclose the mortgage by
an extrajudicial sale of the mortgage property (Sec. 1, Act No. 3135, as amended by Act No. 4148).
WHERE AN EXTRAJUDICIAL FORECLOSURE SALE SHOULD BE DONE?
Sale cannot be made legally outside the city or province wherein the property sold is situated.
In case the place has been stipulated, it shall be made in the municipal building of the said place.
55

PROCEDURES IN EXTRAJUDICIAL FORECLOSURE OF REAL ESTATE MORTGAGE UNDER CHATTEL
MORTGAGE (AM No. 99-10-05-0, January 15, 2000, further amended on August 7, 2001)
1. Filing of an application before the Executive Judge through the Clerk of Court
In extrajudicial foreclosure of real mortgages in different locations covering a single indebtedness only
one filing fee corresponding to such debt shall be collected.
2. Clerk of court will examine whether the following requirements of the law have been complied with:
a. Posting of notice Not less than 20 days in at least three (3) public places of the municipality or city
where the property is situated. Notices are given to secure bidders and to prevent a sacrifice of the
property (Sps. Suico v. Philippine National Bank, G.R. No. 170215, August 28, 2007).
b. Publication (if property is worth more than P400.00) Once a week for at least three (3) consecutive
weeks in a newspaper of general circulation in the city or municipality. The notice shall be published in
a newspaper of general circulation pursuant to Section 1, PD 1079.
3. The application shall be raffled among different sheriffs
4. An auction sale may be had even with just one (1) participating bidder. The name/s of the bidder/s
shall be reported by the Sheriff or the Notary Public, who conducted the sale to the Clerk of Court
before the issuance of the certificate of sale (As amended by the January 30, 2001 Resolution
paragraph 5 of A.M. No. 99-10-05-0; Sps. Certeza et.al. v. Phil. Savings Bank, G.R. No. 190078,
March 5, 2010).
The indivisibility of a real estate mortgage is not violated by conducting two separate proceedings on
mortgaged properties located in different cities or municipalities as long as each parcel of land is
answerable for the entire debt (Sps. Yu v. Philippine Commercial International Bank, G.R. No.
147902).
No sale can be legally made outside the province in which the property sold is situated, such sale shall
be made in said place or in the municipal building of the municipality in which the property or part
thereof is situated (Sec. 2, Act No. 3135).
5. The clerk of court shall issue a certificate of payment indicating the amount of indebtedness, the filing
fees collected, the mortgages sought to be foreclosed, the description of the real estates and their
respective locations.
6. The certificate of sale must be approved by the Executive Judge
7. After the redemption has expired, the clerk of court shall archive the records
NOTE: The law covers only real estate mortgages. It is intended merely to regulate the extrajudicial
sale of the property mortgaged if and when the mortgagee is given a special power or express
authority to do so in the deed itself or in a document annexed thereto (Luna v. Encarnacion, G.R. No.
L-4637, June 30, 1952; Ponce de Leon v. Rehabilitation Finance Corp., G.R. No. L-24571, December
18, 1970).
The authority to sell is not extinguished by the death of either mortgagor or mortgagee. It is an
essential and inseparable part of a bilateral agreement (Perez v. PNB, G.R. No. L-21813, July 30,
1996).
NOTES ON POSTING AND PUBLICATION UNDER ACT NO. 3135:
1. Nature: Publication and posting requirements cannot be waived because they are imbued with public
policy considerations and any waiver thereon would be inconsistent with the intent and letter of the
law. It would thus be converting into a private sale what ought to be a public auction.
The failure to post notice is not per se a ground for invalidating a foreclosure sale provided that the
notice thereof is duly published in a newspaper of general circulation (Development Bank of the
Philippines v. Aguirre, G.R. No. 144877, September 7, 2007).
2. No requirement of personal notice
Unless the parties stipulate, personal notice to the mortgagor in extrajudicial proceedings is not
necessary because Sec. 3 of Act No. 3135 only requires the posting of notice of the sale in three (3)
56

public places and the publication of that notice in a newspaper of general circulation (Ramirez v. The
Manila Banking Corp., G.R. No. 198800, December 11, 2013)
3. No certificate of posting is required
GR: A certificate of posting is not required, much less considered indispensable for the validity of a
foreclosure sale under Act No. 3135.
XPN: Such certificate is significant only when it becomes necessary to prove compliance with the
required notice of posting.
4. Burden of proving non-compliance with the publication and posting requirements - Foreclosure
proceedings have in their favor the presumption of regularity (Union Bank of the Philippines v. CA,
G.R. No. 164910, September 30, 2005).
EFFECT OF INADEQUACY OF PRICE IN FORECLOSURE SALE
GR: When there is a right to redeem, inadequacy of price is immaterial because the judgment debtor may
reacquire the property easier at a low price or sell his right to redeem (PNB v. CA, G.R. No. 121739, June 14,
1999).
XPN: When the price is so inadequate as to shock the conscience of the court taking into consideration the
peculiarly circumstances attendant thereto (United Coconut Planters Bank v. CA, G.R. No. 155912, August 17,
2007).
SAMPLE EXTRAJUDICIAL FORCLOSURE
10th Judicial Region
Office of the Clerk of Court & Ex- Officio Sheriff
Manila City
MILEA KIM KARLA S. CABUHAT

Petitioner- Mortgagee,
-Versus- FILE No.____________________

Extra-Judicial Foreclosure of Real Estate
Mortgage under Act No. 3135
JOSEPH MARWIN B. JAMPAS

Mortgagor.
×--------------------------------------------------------x
PETITION FOR EXTRA-JUDICIAL FORECLOSURE

OF REAL ESTATE MORTGAGE
THE SHERIFF
Manila City
Greetings:
We hereby deliver to you as Annex “A” the attached photocopy of the Real Estate Mortgage
dated June 21, 2013 which was executed by Milea Kim Karla Cabuhat, Filipino citizen of legal age,
widow and a resident of El Pueblo Condominium, Manila City, Metro Manila in favor of Pelayo Bank
Inc., a Corporation duly organized and existing under and by virtue of the Philippine laws with the
principal and branch office at Manila City, Metro Manila, as MORTAGEE, over parcels of land,
together with all the improvements existing thereon, more particularly described as follows:
TRANSFER CERTIFICATE OF TITLE NO. T-84630
57

Lot No. 2158, Pls-800
“A Parcel of land (Lot No. 2158, Pls-800, situated in the Anonas, Manila City, Metro
Manila, Island of Luzon. Bounded on the N., along lines 1-2-, by Lots 2156 and Lots
2157; On the E., along line 304, by Lot 2159; on the S., along line 4-5, by
Reforestation Administration; and on the W., along line 5-1, by Lot 2155, all of Pls-800,
containing an area of THIRTY THREE THOUSAND TWO HUNDRED (33,200) SQUARE
METERS, more or less, registered in the name of Mortgagor and declared for Taxation
purposes under Tax Declaration No. E-038642 including its existing and future
improvements found and maybe introduced thereon;
To secure the payment of the indebtedness and/or obligation/s of the MORTGAGOR/S.
We hereby request you to foreclose the said Real Estate Mortgage [Annex “A”] hereof, and in
support thereof, we state the following;
1. The terms and conditions of Real Estate Mortgage [Annex “A”] has never been changed or
modified, whether tacitly or expressly, by any agreement made after the execution thereof;
2. The principal obligation secured by said mortgage which has become overdue as of
December 24, 2017 has remained unpaid up to the present despite repeated demands in
violation of the terms of the mortgage deed;
3. The Mortgagor has not executed a second or subsequent mortgage over the mortgaged
property and the improvement thereon with the knowledge and consent of the Mortgagee;
4. To the best of our knowledge, the Mortgaged property is subject to no prior mortgage or any
lien whatsoever, and is now in the possession and full control of the above-named
Mortgagor;
5. Under the terms and conditions of the Real Estate Mortgage, the Mortgagee is entitled to
extra judicially foreclose the mortgaged property.
6. By the terms and conditions of the Real Estate Mortgage referred to above, the principal
obligation of the Mortgagor which has become overdue as of December 24, 2017 is in the
amount of FIVE HUNDRED EIGHTY EIGHT THOUSAND SEVEN HUNDRED FIFITY
PESOS ONLY (P 588,750.00), inclusive of past due interest, penalty charge and service
charge but exclusive of Attorney’s Fee representing 10% of the total obligation due, other
charges and expenses of foreclosure.
Also enclosed and made integral parts of this petition are:

1. Promissory Note as Annex “B”
2. Demand Letter dated February 13, 2018 as Annex “C”
3. Statement of Account as Annex “D”
4. Copy of Transfer Certificate of Titles No. T-84630 as Annex “E”
Wherefore, we hereby request that you sell at public auction the above-mentioned Real
Property together with all the improvements thereon, describe in the Real Estate Mortgage [Annex
“A”] in accordance with law, particularly the provision of Act No. 3135, as amended.
Please furnish us and the Mortgagor/s with copies of your Notice of Sale at least fifteen (15)
days before the date of sale.
(Sgd) MA. CRISTINA B. BALINGIT

PETITIONER-MORTGAGEE
VERIFICATION/ CERTIFICATION
Republic of the Philippines )

City of Malaybalay ) S.S.
I, MA. CRISTINA B. BALINGIT, of legal age, under oath, depose and state that:
58

6. I am the Branch Manager of D’ Asian Hills Bank, Inc.-Malaybalay Branch, Bukidnon,
petitioner-mortgagee herein;
7. I caused the preparation and filling of the foregoing petition, and read and understood the
same;
8. All the allegations therein contained are true and correct of my own knowledge and/ or
based on authentic records of this petition.
9. I hereby certify that I have not commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or different Division thereof, or
before any other tribunal or agency, and to the best of my knowledge, no such action or
proceeding is pending in the Supreme Court, the Court Of Appeals or any Division thereof
before any other tribunal or agency.
10.
11. If I should learn that a similar action or proceeding has been filed or is pending before the
Supreme Court, the Court of Appeals or any other tribunal or agency, I undertake to report
that fact within five (5) days therefrom to the Court or agency wherein the original pleading
and sworn certification has been filed.
MA. CRISTINA B. BALINGIT

Affiant
SUBSCRIBE AND SWORN TO before me this 10th day of July, 2018 at Malaybalay City,
Philippines, affiant exhibiting to me her competent evidence of identity, a driver’s license, with Valid
I.D no. 2454525
Atty. Juana Lotto

Notary Public for Manila
P.T.R. No.3459083; 1/10/14 - Manila
IBP O.R. No.8883; 01/10/14 - Manila
MCLE No. I – 0099942; 9/09/17
Roll No. 234234; 05/05/12
Serial No. of Commission M-234
Doc No. ___;

Page No. ___;
Book No. ___;
Series of 2018
59

NEGOTIABLE INSTRUMENTS
Written contract for the payment of money which complies with the requirements of Section 1 of the Negotiable
Instruments Law, which by its form and on its face is intended as a substitute for money and passes from hand
to hand as money so as to give the holder in due course the right to hold the instrument free from personal
defenses available to prior parties.
Form of Negotiable Instruments
1. Must be in writing and signed by the maker or drawer;
2. Must contain an unconditional promise to pay a sum certain in money;
3. Must be payable on demand, or at a fixed or determinable future time;
4. Must be payable to order or to bearer; and
5. When the instrument is addressed to a drawee, he must be named or otherwise indicated therein with
reasonable certainty. (Sec. 1, NIL)
Bills and Notes Distinguished
PROMISSORY NOTE BILL OF EXCHANGE
1. It contains an unconditional promise 1. It contains an unconditional order
2. There are two (2) parties on its face 2. There are three (3) parties on its face
3. The person who signs it is the maker 3. The person who signs it is the drawer.
4. The person who signs it, the maker, is 4. The person who signs it, the drawer, is secondarily
primarily liable liable.
5. The person primarily liable is the 5. The person primarily liable is the drawee-acceptor.
maker.
6. There is only one presentment: for 6. There are two (2) presentments: a) for acceptance;
payment and b) for payment.
PROMISSORY NOTE
Definition- Section 184 of NIL
An unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on
demand, or at a fixed or determinable future time, a sum certain in money to order or to bearer.
PARTIES
1. Maker - is the person who promises to pay according to the tenor of the note.
2. Payee - is the person who is to receive payment from the maker.
PROMISSORY NOTE SAMPLES
60

TYPICAL CERTIFICATE OF DEPOSIT
BILL OF EXCHANGE
Definition
A bill of exchange is an unconditional order in writing addressed by one person to another, signed by the
person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable
future time a sum certain in money to order or to bearer (Sec. 126, NIL).
Parties to a Bill of Exchange
1. Drawer- the person who draws the bill of exchange and orders the drawee to pay sum certain in money.
2. Drawee- the person to whom the order to pay is addressed in a bill of exchange.
3. Payee- the obligee, that is, the person who, by the terms of the note or the bill, is to receive payment.
Requisites for a Bill of Exchange
1. Must be in writing and signed by the drawer;
2. Must contain an unconditional order to pay a sum certain in money;
3. Must be payable on demand, or at a fixed or determinable future time;
4. Must be payable to order or bearer; and
5. The drawee must be named or otherwise indicated therein with reasonable certainty.
Differentiate Inland and Foreign BOE
An inland bill of exchange is a bill which is, or on its face purports to be, both drawn and payable within the
61

Philippines.
Any other bill is a foreign bill. Unless the contrary appears on the face of the bill, the holder may treat it as an
inland bill. (Sec. 129-NIL)
Acceptance of a BOE
The acceptance of a bill is the signification by the drawee of his assent to the order of the drawer. The
acceptance must be in writing and signed by the drawee.
It must not express that the drawee will perform his promise by any other means than the payment of money.
(Sec. 132 – NIL)
Acceptance - How made
Acceptance on face of bill. - The holder of a bill presenting the same for acceptance may require that the
acceptance be written on the bill, and, if such request is refused, may treat the bill as dishonored.” (Sec. 133 –
NIL)
Acceptance by separate instrument. - Where an acceptance is written on a paper other than the bill itself, it
does not bind the acceptor except in favor of a person to whom it is shown and who, on the faith thereof,
receives the bill for value. (Sec 134 – NIL)
Promise to accept; when equivalent to acceptance.
An unconditional promise in writing to accept a bill before it is drawn is deemed an actual acceptance in favor
of every person who, upon the faith thereof, receives the bill for value. (Sec 135 – NIL)
Time allowed - drawee to accept
The drawee is allowed twenty-four hours after presentment in which to decide whether or not he will accept the
bill; the acceptance, if given, dates as of the day of presentation. (Sec. 136 – NIL)
SAMPLE BILL OF EXCHANGE
ORDINARY BILL OF EXCHANGE

Manila, Philippines
July 13, 2018
P25,000
On demand pay to the order of Jose F. Salvador Twenty Five
Thousand Pesos.
By: Mark Poblacion
To: Ramon Delgado
62

BANK DRAFT
Manila, Philippines
July 13, 2018
P100,000
At sight pay to the order of Juan De La Cruz One Hundred
Thousand Pesos charge the same to the account of Philippine
National Bank.
By: Pedro Gomez
(Branch Manager)
To: Bank of the Philippine Islands
Manila
TRADE ACCEPTANCE
A trade acceptance is a time draft drawn by the seller of goods on a buyer, to pay the amount due at a
specified date. In a trade acceptance, the buyer is the acceptor.
TRADE ACCEPTANCE
P 100,000.00
July 16, 2018
Thirty (30) days after date, pay to the order of OURSELVES the sum of ONE HUNDRED THOUSAND
PESOS (P 100,000.00), Philippine currency, payable at the Bank of the Philippine Islands,
Sampaloc East, City of Manila. (This obligation of the acceptor hereof arises out of the purchase of
goods from the drawer.)
To: (Buyer)
Accepted at (____place____) on (____date____).
__________________________ ________________________
(Name of Acceptor) Mando Mercado (drawer)
TRADE ACCEPTANCE
No. 88
P75,000
Pay to the order of Marco Polo Seventy Five Thousand Pesos only. The transaction which gives rise
to this instrument is the purchase of one iPhone X by the acceptor from the drawer. The draweee
may accept this bill payable at any bank, banker or trust company in the Philippines which such
drawee may designate.
Marco Polo
To: Galileo de Leon
Taft Ave. Corner Menlo Street, Pasay City
Date of Maturity: September 14, 2018
Accepted
Date: July 20, 2018
Payment at: BDO, Unibank, Manila
Signature: Galileo de Leon
63

BANKER’S ACCEPTANCE
BANKER’S ACCEPTANCE
July 13, 2018
No. 88
P75,000
Pay to the order of Marco Polo Seventy Five Thousand Pesos only. The transaction which gives rise
to this instrument is the purchase of one iPhone X by the acceptor from the drawer. The draweee
may accept this bill payable at any bank, banker or trust company in the Philippines which such
drawee may designate.
Malayan Banking Berhad
To: Galileo de Leon
Taft Ave. Corner Menlo Street, Pasay City
Date of Maturity: September 14, 2018
Accepted
Date: July 20, 2018
Payment at: BDO, Unibank, Manila
Signature: Galileo de Leon
PROTEST
Purpose of a Protest
Sec. 152. In what cases protest necessary. – Where a foreign bill appearing on its face to be such is
dishonored by non-acceptance, it must be duly protested for non-acceptance, and where such bill which has
not previously been dishonored by non-acceptance is dishonored by non-payment, it must be duly protested
for non-payment.
• If there is no protest made? 
o If it is not so protested, the drawer and indorsers are discharged.
• Application
o  Where a bill does not appear on its face to be a foreign bill, protest thereof in case of dishonor is
unnecessary.
Contents of a Protest
Sec. 153. Protest; how made. – The protest must be annexed to the bill, or must contain a copy thereof, and
must be under the hand and seal of the notary making it, and must specify:
(a) The time and place of presentment;
(b) The fact that presentment was made and the manner thereof;
(c) The cause or reason for protesting the bill;
(d) The demand made and the answer given, if any, or the fact that the drawee or acceptor could not be found.
Persons who can make a Protest
Sec. 154. Protest, by whom made. – Protest may be made by:
(a) A notary public; or
(b) By any respectable resident of the place where the bill is dishonored, in the presence of two or more
credible witnesses.
When is a Protest must to be made
64

Sec. 155. Protest; when to be made. – When a bill is protested, such protest must be made on the day of its
dishonor unless delay is excused as herein provided. When a bill has been duly noted, the protest may be
subsequently extended as of the date of the noting.
Place of the Protest
Sec. 156. Protest; where made. – A bill must be protested at the place where it is dishonored, except that
when a bill drawn payable at the place of business or residence of some person other than the drawee has
been dishonored by non-acceptance, it must be protested for non- payment at the place where it is expressed
to be payable, and no further presentment for payment to, or demand on the drawee is necessary.
Exemption
Sec. 159. When protest dispensed with. – Protest is dispensed with by any circumstances which would
dispense with notice of dishonor. Delay in noting or protesting is excused when delay is caused by
circumstances beyond the control of the holder and not imputable to his default, misconduct, or negligence.
When the cause of delay ceases to operate, the bill must be noted or protested with reasonable diligence.
NOTICE OF PROTEST
July 25, 2018
To: Metrobank
Malate Branch
City of Manila, Philippines
Sir: Notice is hereby given at the request of Nanding Escalante, the holder of draft, drawn by
Eusebio Natividad, dated July 1, 2018, payable to the order of Nanding Escalante for the sum of
ONE MILLION PESOS ONLY and issued by you (Metrobank); that the holder looks to you for the
payment thereof today, 10:00AM, at your Malate branch; that the same was protested for refusal of
payment; and for damages, interests, and costs, said payment having been demanded and refused.
Very truly yours,

Mando Mercado
MANDO MERCADO
Notary Public
Doc No. ____ Roll No.: 00009
Page No. ____ IBP No.: 00009, January 1, 2016, City of Manila
Book No. ____ PTR No.: 00009, January 1, 2016, City of Manila
Series of 2018 TIN: 000-000-009, January 1, 2016, City of Manila
NOTICE OF PROTEST
To: Jesse V. Abad
S.DA. Road Digos City,
Davao del Sur, Philippines
Sir: Notice is hereby given at the request of RHEA OLAIVAR, the holder of draft drawn by JOSE
JESUS, dated September 20, 2016, payable to the order of RHEA OLAIVAR for the sum of ONE
HUNDRED THOUSAND PESOS ONLY and drawn by you, that the same was this day protested for
non-payment, and that the holder looks to you for the payment thereof; and for damages, interests,
and costs, said payment having been demanded and refused.
65

Very Truly Yours,
JAMES DECOLONGON
JAMES L. DECOLONGON
Notary Public
Roll No.: 82714
IBP No. 631820, January 6, 2014, Digos City
PTR No.080324 January 6, 2014 Digos City
TIN: 290-937-407 January 6, 2010 Digos City
Doc No. ____

Page No. ____
Book No. ____
Series of 2017
PROTEST OF BILL OF EXCHANGE
PROTEST OF BILL OF EXCHANGE

BE IT KNOWN that on the 4th of January 2017 at 10 A.M., in the city of Digos, Philippines, at the
request of RHEA OLAIVAR the holder of the draft hereinafter set forth, I, JAMES DECOLONGON, a
duly commissioned Notary Public for and in the City of Digos, Davao del Sur, personally presented
the original of the said draft at JLD Corporation to the drawee, and demanded payment thereof,
which he refused saying “we need to authenticate the Bill”;
That said draft is in words and figures following:
Payable to Rhea Olaivar the amount of P100,000 only; WHEREUPON, I, the said Notary, at the
request aforesaid, did protest and by these presents, do publicly protest as well against the drawer
and indorsers of the said draft, as against all others whom it both or may concern, for exchange, re-
exchange, and all costs, charges, damages, and interests already incurred or to be incurred by
reason hereof; AND I DO HEREBY CERTIFY that on 4th the day of January, 2017, notice of protest,
signed by me, was served upon IGNACIO KULOT drawer, delivering the same to him personally in
this Rizal Ave., JLD Bldg., Digos City, Davao del Sur at No. 553-1232, such being his reputed place
of residence.
JAMES L. DECOLONGON
Notary Public
Roll No.: 82714
IBP No. 631820, January 6, 2014, Digos City
PTR No.080324 January 6, 2014 Digos City
TIN: 290-937-407 January 6, 2010 Digos City
Doc No. ____

Page No. ____
Book No. ____
Series of 2017
66

CHECKS
A check is a bill of exchange drawn on a bank payable on demand. Except as herein otherwise provided, the
provision of this Act applicable to a bill of exchange payable on demand apply to a check. (Sec. 185)
Distinctions between a Check and a Bill of Exchange
CHECK BILL OF EXCHANGE
Always drawn against a bank May or may not be drawn against a bank
May be payable on demand or at a fixed
Always payable on demand
determinable future time
Drawn on a bank deposit Not drawn on a deposit
Must be presented for payment within a reasonable May be presented for payment within a reasonable
time after its issue (Sec. 186) time after its last negotiation
PERSONAL CHECK
Personal Check – Memo Circular Nos. 3126 and 3134 of the Philippine Clearing House Corporation
(PCHC)
On July 1, 2017, Philippine Clearing House Corporation (PCHC) no longer accepted old format checks in its
clearing operations, except for post-dated checks which were warehoused by banks up to December 31, 2016.
67

CROSSED CHECK
In order to preserve the credit worthiness of checks, jurisprudence has pronounced that crossing of a check
should have the following effects: (a) the check may not be encashed but only deposited in the bank; (b) the
check may be negotiated only once — to one who has an account with a bank; (c) and the act of crossing the
check serves as warning to the holder that the check has been issued for a definite purpose so that he must
inquire if he has received the check pursuant to that purpose, otherwise, he is not a holder in due course.
(Bataan Cigar and Cigarette Factory, Inc. vs. The Court of Appeals and State Investment House, Inc., G.R. No.
93048, March 3, 1994)
MANAGER’S CHECK
68

SECRETARY CERTIFICATE
MANILA CITY ) S. S.
SECRETARY’S CERTIFICATE
I, FLORDELIZA J. CELESTINO, Corporate Secretary of BBRM DEVELOPMENT

CORPORATION, (the “Corporation”), a corporation duly organized and existing under and by virtue
of the laws of the Republic of the Philippines, with business address at Km. 17 Aguinaldo Highway,
Dasmariñas City, Cavite, do hereby certify that:
1. I am the duly elected and qualified Corporate Secretary of the Corporation and as
such, I have access to the minutes and records of the Board of Director’s Meetings.
2. On the meeting of the Board of Directors held at its principal place of business on
July 11, 2018, at which meeting a quorum was present and acted throughout the following
resolution was adopted and approved, to wit:
“RESOLVED, as it is hereby resolved that the Corporation authorizes its

President, ROBERTO A. ALANID, to institute or defend, and represent the
Corporation in all legal proceedings in any administrative, civil and/or criminal case
in any court of competent jurisdiction, or any other government tribunal or agency;
RESOLVED FURTHER, that ROBERTO A. ALANID shall have the power and
authority to file, verify, sign the appropriate complaint or any initiatory pleading,
execute the certificate of non-forum shopping; to file, verify, sign the appropriate
answer, counter-affidavit or any responsive pleading; and file, verify, sign the
appropriate pleading, quitclaim, motion necessary for the institution, prosecution,
defense or termination of the administrative, civil or criminal case;
RESOLVED FURTHER, that ROBERTO A. ALANID shall have the power to

appear at pre-trial, to offer, negotiate, accept, decide or enter into such amicable
settlement of the case as the foregoing may consider fair, just and equitable, to enter
into a stipulation of facts, simplification of issues to commissioner, propriety of
rendering judgment on the pleadings, or summary judgment, or of dismissing the
action should a valid ground therefor be found to exist, advisability or necessity of
suspending the proceedings and such other matters as may aid in the prompt
disposition of the action.
RESOLVED FINALLY, that those previous resolutions inconsistent herewith

are hereby revoked and cancelled.”
3. This Certificate is being issued for purposes of attesting to the truth of the foregoing
and for any and all legal purpose it may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of ________________
2016 at Manila City.
(Signature)
FLORDELIZA J. CELESTINO
Corporate Secretary
SUBSCRIBED AND SWORN to before me this ____ day of ________________, affiant exhibited
to me her ____________ issued on _________ as competent evidence of her identity.
NOTARY PUBLIC
Doc. No.: ______;
Page No.: ______;
69

Book No.: ______;
Series of ______.
REPUBLIC OF THE PHILLIPINES )

CITY OF PASAY ) S. S.
SECRETARY’S CERTIFICATE
I, FLORDELIZA J. CELESTINO, of legal age, Filipino, with office address Km. 17 Aguinaldo
Highway, Dasmariñas City, Cavite, after being duly sworn, depose and state:
1. I am the Corporate Secretary of BBRM DEVELOPMENT CORPORATION, (the

“Corporation”), a corporation duly organized and existing under and by virtue of the laws of the
Republic of the Philippines, with business address at Km. 17 Aguinaldo Highway, Dasmariñas City,
Cavite.
2. At the meeting of the Board of Directors held at the at its principal place of business on
July 11, 2018, at which meeting a quorum was present and acted throughout the following
resolutions werepassed and adopted:
“RESOLVED, as it is hereby resolved, that the Corporation open a current account with
Banco De Oro – Moa branch;
“RESOLVED FURTHERMORE that the Corporation’s President ROBERTO A. ALANID
be designed as the sole signatory for the said bank account;
“RESOLVED FINALLY, that ROBERTO A. ALANID be authorized to sign of the
necessary documents required for the opening of such account and to do and perform all other
actions necessary to accomplish the foregoing grant of authority.”
3. This Certificate is being issued for purposes of attesting to the truth of the foregoing
and for any and all legal purpose it may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of ________________
2016 at Manila City.
(Signature)
FLORDELIZA J. CELESTINO
Corporate Secretary
SUBSCRIBED AND SWORN to before me this ____ day of ________________, affiant exhibited
to me her ____________ issued on _________ as competent evidence of her identity.
NOTARY PUBLIC
Doc. No.: ______;
Page No.: ______;
Book No.: _____;
Series of ______.
70

ACTION FOR RECOVERY OF SUM OF MONEY
NATURE: Civil Case
JURISDICTIONAL AMOUNTS:
I. MTC - does not exceed P300,000.00 ·
• Small Money Claims
•  for damages arising from contract, quasi contract or quasi-delict 
• enforcement of a barangay conciliation settlement or an arbitration award involving money claims
•  money owned under any of the following: Contract of Lease; Contract of Loan; Contract of Services;
Contract of Sale; or Contract of Mortgage;
VENUE:
Proper court of the place where the creditor or debtor resides.
For Lending/Banking Business and Similar Activities - Where plaintiff has a branch in the place where
respondent also resides.
HOW TO FILE:
File an accomplished and verified Statement of Claim (Form 1-SCC) in duplicate, accompanied by a
Certification of Non-forum Shopping (Form 1-A, SCC), and two duly certified photocopies of the actionable
document/s subject of the claim, as well as the affidavits of witnesses and other evidence to support the claim
*No need for a lawyer
II. MUNICIPAL TRIAL COURT
• P400,000 and below (Metro Manila)  
• P300,000 and below (outside Metro Manila)  
III. REGIONAL TRIAL COURT  
• exceeds P400,000 (Metro Manila)  
• exceeds P300,000 (outside Metro Manila)  
Condition Precedent: Formal DEMAND LETTER  
SAMPLE FORM: COMPLAINT FOR SUM OF MONEY

NATIONAL CAPITAL JUDICIAL
REGION REGIONAL TRIAL COURT
BRANCH 136 CITY OF MAKATI
PANTALON ALVAREZ,
Plaintiff, Civil Case No.13345
FOR: COLLECTION FOR A SUM
OF MONEY WITH DAMAGES
- versus -
GORIA MACAPAGAL ARROYO,
Defendant.
x -----------------------x
COMPLAINT
Plaintiff, through the undersigned counsel unto this Honorable Court, hereby respectfully avers:
1. That plaintiff is of legal age, Filipino, married, and a resident of 7F Planters Product Bldg.109
71

Esteban Street Legaspi Village,Makati City, while the defendant is also of legal age, married,
Filipino and a resident of 8F Planters Product Bldg. 109 Esteban Street Legaspi Village, Makati City
where summons and court processes may be served;
2. That on February 14, 2017, the defendant borrowed from the plaintiff a sum of money
amounting to One Million Pesos (PhP1,000,000.00) with an agreed interest of five percent (5%) per
month as evidenced by a promissory note herein attached as Annex “A” and form an integral part of
this complaint;
3. That as shown in the attached promissory note, the indebtedness of the defendant has become
due and demandable on February 14, 2018;
4. That despite plaintiff's repeated demands, both written and verbal, defendant failed, neglected
and refused to fulfill obligations without just and valid
grounds to the continued damage and prejudice of plaintiff, as evidenced by Annex “B” – Demand
Letters;
5. That the plaintiff in order to enforce his rights and interests, has sought the services of a legal
counsel with attorney’s fees amounting to One Hundred Thousand Pesos (PhP 100,000.00) and an
appearance fee of Two Thousand Pesos (PhP 2,000.00) per hearing as evidenced by Annex “C” –
Contract for Legal Services;
6. That the plaintiff has paid for litigation expenses amounting to Twenty Thousand Pesos (PhP
20,000.00) as evidenced by Annex “D” – Official Receipt;
7. That the plaintiff has suffered moral damages at the sum discretion of the Honorable Court;
PRAYER
WHEREFORE, premises considered, it is hereby respectfully prayed before the Honorable Court to
render decision in favor of the plaintiff and order the defendant to pay the following:
A. the sum of One Million Pesos (PhP 1,000,000.00) plus interest at the rate of five percent
(5%) per month as stipulated in the promissory note;
B. moral damages, exemplary damages at the sum discretion of the court;
C. attorney’s fees amounting to One Hundred Thousand Pesos (PhP 100,000.00) and an
appearance fee of Two Thousand Pesos (PhP 2,000.00) per hearing
D. litigation expenses amounting to Twenty Thousand Pesos (PhP 20,000.00).
Other reliefs and remedies deemed just and equitable under the foregoing premises are likewise
prayed for.
City of Makati, July 16, 2018.
ATTY. REYNA ROQUE
Roque Law Office Pacific Star Building
Makati Avenue,12226 Sen.Gil J.Puyat Ave.
Makati City,Philippines
Roll No.54321
IBP NO. 123456/January 1,2018/Makati
P.T.R. NO. 654321, January 1,2018/Makati
MCLE No.1243/March 3,2018
CTC No.118870/January 2,2018/Makati

I, PANTALON ALVAREZ, of legal age, Filipino, married, and a resident of 7F Planters Product
Bldg.109 Esteban Street Legaspi Village,Makati City, after being sworn in accordance with law,
hereby depose and say:
(1) That I am the plaintiff in the above-entitled case;
(2) That I have caused the preparation of the above Complaint and I have read the same and
72

understood the contents thereof;
(3) That the allegations contained therein are true and correct of my own personal knowledge and
based on authentic records.
(4) That I further certify that: I have not theretofore commenced any other action or proceeding or
filed any claim involving the same issues or matter in any court, tribunal, or quasi-judicial agency
and, to the best of my knowledge, no such action or proceeding is pending therein; if I should
thereafter learn that the same or similar action or proceeding has been filed or is pending before the
Supreme Court, the Court of Appeals, or any other tribunal or quasi-judicial agency, I undertake to
report such fact within five (5) days therefrom to the court or agency wherein the original pleading
and sworn certification contemplated herein have been filed.
PANTALON ALVAREZ
Affiant
SUBSCRIBED AND SWORN to before me, this 12th day of July 2018, affiant exhibiting to me his
Passport Identification No.P234531A issued at City of Makati on January 2, 2018 as competent
evidence of his identity.
ATTY. SARA DUERTE
NOTARY PUBLIC
Until December 31,2018
Roll No. 978543
IBP No. 443216/January 1,2018/Makati
P.T.R. No.2221/January 1,2018
MCLE No. 5553/March 4,2018
CTC No.11879/January 2,2018/Makati
Doc. No. 5:
Page No. 12:
Book No. 06:
Series of 2018.
73

PETITION FOR REGOGNITION AND SUPPORT
Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education
and transportation, in keeping with the financial capacity of the family (Art. 194, Family Code of the
Philippines).
Parents and their illegitimate children legitimate and illegitimate children of the latter are obliged to support
each other pursuant to Article 195 (4) of the Code.
I. HOW IS FILIATION PROVED:
Filiation shall be proved by:
1) The open and continuous possession of the status of a legitimate child; or  
2) Any other means allowed by the Rules of Court and special laws.  
II. VENUE AND CONTENTS OF THE PETITION:
The venue is with the Regional Trial Court of the place where the child resides.
The petition should contain the following:
a) The jurisdictional facts;  
b) The names and residences of the parents who acknowledged the child, or of either of  them, and their
compulsory heirs and the person or persons with whom the child lives;  
c) The fact that the recognition made by the parent or parents took place in statement before a court of record
or in an authentic writing, copy of the statement or writing being  attached to the petition.  
III. REMEDIES:
1) Judicial Action for Compulsory Recognition in order to establish filiation and then demand for support; or  
2) File an Action for support, where the issue of compulsory recognition may be integrated and resolved.  
SAMPLE FORM: PETITION FOR RECOGNITION AND SUPPORT

NATIONAL CAPITAL JUDICIAL
REGION REGIONAL TRIAL COURT
CALOOCAN CITY
BRANCH NO. 164
ALYANA DALISAY,
Plaintiff, Civil Case No.13345
FOR: PETITION FOR SUPPORT
- versus -
RICARDO DALISAY,
Defendant.
x -----------------------x
PETITION
PLAINTIFF, thru counsel, respectfully alleges that:
1. That the petitioner is a resident of 5F Planters Product Bldg,109 Esteban Street, Legaspi Village,
Barangay San Lorenzo, Makati City; while defendant Ricardo Dalisay is a resident of 12 Mabini
Street, Ermita, Manila;
th
2. Plaintiff and defendant are husband and wife having been married on 25 December 2008 as
shown in the attached marriage certificate, which is made hereof as Annex "A", and as a result of
74

the marriage two (2) children were born of the marriage whose name and dates of birth follows:
NAMES DATE OF BIRTH
Ricardo Dalisay, Jr. 01 November 2009
Alyana Dalisay II 14 February 2011
th
3. The defendant without justifiable reason abandoned the conjugal home on 20 January 2017,
and left behind the plaintiff and the children who are minors and since that time has failed and
refused as he still fails and refuses to give allowance or support to the plaintiff and his children
despite repeated demand;
4. Since the plaintiff and defendant lived separately, the care and custody of their children are with
plaintiff;
5. Plaintiff is presently jobless while defendant is gainfully employed in Kiwi-kiwi Corporation where
he earns approximately Three Hundred Fifty Thousand Pesos (P350,000) each month as executive
Vice President.
6. In view of the present cost of living and considering the monthly income of the defendant, the
plaintiff needs a monthly allowance and support of Fifty Thousand Pesos (P50,000) for her
subsistence during pendency of this action not to mention the subsistence of the children in the
sum of One Hundred Thousand Pesos (P100,000) .
7. By reason of the unwarranted refusal of the defendant to support the plaintiff and his children
who are in the custody and care of the plaintiff, the latter was compelled to engage the service of a
lawyer for a fee of Twenty-Five Thousand Pesos (P25,000) which amount the plaintiff borrowed from
her relatives who, in the meantime, are providing them necessary sustenance.
WHEREFORE, plaintiff prays for judgment directing the defendant to give the plaintiff a monthly
support of Fifty Thousand Pesos (P50,000) and the sum of One Hundred Thousand Pesos
st
(P100,000) for the subsistence of his children at the plaintiff’s residence on or before 1 day of
each month to pay attorney’s fees in the sum of P25,000.
Plaintiff prays for such other and further relief as may be just and proper under circumstances.
City of Makati, January 15, 2019.
BAGANI ASSOCIATES LAW OFFICES
Unit 23, Pacific Star Building,
Makati Avenue, 1226 Sen. Gil J. Puyat Ave,
Makati City, Philippines
Tel. Nos. 7545100; 754-2539
Fax No. 754-2540
By:
ATTY. LIZA BAGANI
Commission Serial No. 178290 Until December 31, 2018
Roll No. 782791
P.T.R. No. 2231/January 1, 2018
143 Sen. Gil Puyat Ave., Makati City
VERIFICATION AND ANTI-FORUM SHOPPING CERTIFICATION

I, Alyana Dalisay, of legal age, Filipino, married, and a resident of 5F Planters Product Bldg 109
Esteban Street, Legaspi Village Barangay San Lorenzo, Makati City on oath, state that:
1. I am a plaintiff in the above-stated case;
75

2. I caused the preparation of the foregoing petition;
3. I have read the contents thereof and the facts stated therein are true and correct of my personal
knowledge and/or on the basis of copies of documents and records in my possession;
4. I have not commenced any other action or proceeding involving the same issues in the Supreme
Court, the Court of Appeals, or any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme
Court, the Court of Appeals, or any other tribunal or agency; and
6. If I should thereafter learn that a similar action or proceeding has been filed or is pending before
the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report
that fact within five (5) days therefrom to this Honorable Court.
ALYANA DALISAY
Affiant
th
SUBSCRIBED AND SWORN to before me this 30 day of June 2018 at City of Makati, affiant
exhibiting to me her Passport Identification No. P3487216A issued at City of Makati on January 2,
2018.
ATTY. EMILIO T. SYQUIA

NOTARY PUBLIC
Roll No. 782791
P.T.R. No. 2231/January 1, 2018
Doc.No. 22:
Page No. 11:
Book No. 06:
Series of 2018.
76

COMPLAINT OR INFORMATION
UNDER WHAT RULE

Rule 110, Rules of Court “Prosecution of Offenses”
DEFINITION
• An information is an accusation in writing charging a person with an offense subscribed by the prosecutor
and filed with the court (Sec. 4, Rule 110, Rules of Court)
Requisites: (WCSF)
1. it must be in writing
2. it must charge a person with an offense
3. it must be subscribed by the prosecutor; and
4. it must be filed in court.
• A complaint is a sworn written statement charging a person with an offense, subscribed by the offended
party, any peace officer, or other public officer, charged with the enforcement of the law violated (Sec. 3,
Rule 110, Rules of Court).The complaint or information shall be in writing, in the name of the People of the
Philippines and against all persons who appear to be responsible for the offense involved. (Sec. 2, Rule
110, Rules of Court)
Requisites: (SCOWP)
1. it must be subscribed by the offended party, by any peace officer or public officer charged
with the enforcement of the law violated;
2. it must charge a person with an offense;
3. it must be under oath and in writing;
4. it must be in the name of the People of the Philippines.
COMPLAINT AND INFORMATION DISTINGUISHED
COMPLAINT INFORMATION
• An information requires no oath. Sec. 4 of Rule
• A complaint must be "sworn" hence, under 110 merely requires that it be an accusation "in
oath. By the clear terms of Sec. 3 of Rule 110, writing." This is because the prosecutor filing
it is a "sworn written statement." the information is acting under the oath of his
office (Estudillo v. Baloma, 426 SCRA 83).
• A complaint or information is subscribed by (a)
the offended party, (b) any peace officer, (c) or • An information is subscribed by the prosecutor
other public officer charged with the (Sec. 4, Rule 110, Rules of Court).
enforcement of the law violated (Sec. 3, Rule
110, Rules of Court).
WHO MAY FILE
COMPLAINT INFORMATION
• Offended party,
• Any peace officer, or • Prosecutor. (Sec. 4, Rule 110, Rules of
• Other public officer, charged with the Court)
enforcement of the law violated (Sec. 3,
Rule 110, Rules of Court).
WHERE TO FILE
• The institution of a criminal action generally depends upon whether or not the offense is one which
requires a preliminary investigation (Sec. 1, Rule 110, Rules of Court).
77

i. Where a preliminary investigation is required, a criminal action is instituted by filing the complaint with
the proper officer for the purpose of conducting the requisite preliminary investigation (Sec. 1, Rule
110, Rules of Court). A preliminary investigation is to be conducted for offenses where the penalty
prescribed by law is at least four (4) years, two (2) months and one (1) day without regard to the fine.
(Sec. 1, Rule 112, Rules of Court)
ii. Where a preliminary investigation is not required, a criminal action is instituted in either of two ways:
a) by filing the complaint or information directly with the Municipal Trial Court and Municipal Circuit
Trial Court; or
b) by filing the complaint with the office of the prosecutor (Sec. 1, Rule 110, Rules of Court).
• In Manila and other chartered cities, a special rule prevails. In these places, the rule is that "the complaint
shall be filed with the office of the prosecutor unless otherwise provided in their charters" (Sec. 1, Rule
110, Rules of Court).
JURISDICTION
• Regional Trial Court has jurisdiction over an offense punishable with imprisonment of more than six (6)
years, a period way above the minimum penalty for an offense that requires a preliminary investigation.
• Municipal Trial Court has exclusive jurisdiction over offenses punishable with imprisonment not
exceeding six (6) years (Sec. 32[2], Judiciary Reorganization Act of 1980 [B.P. 129]).
VENUE
(a) Subject to existing laws, the criminal action shall be instituted and tried in the court of the municipality or
territory where the offense was committed or where any of its essential ingredients occurred.
(b) Where an offense is committed in a train, aircraft, or other public or private vehicle while in the course of its
trip, the criminal action shall be instituted and tried in the court of any municipality or territory where such train,
aircraft or other vehicle passed during such its trip, including the place of its departure and arrival.
(c) Where an offense is committed on board a vessel in the course of its voyage, the criminal action shall be
instituted and tried in the court of the first port of entry or of any municipality or territory where the vessel
passed during such voyage, subject to the generally accepted principles of international law.
(d) Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code shall
be cognizable by the court where the criminal action is first filed. (Sec. 15, Rule 110, Rules of Court)
CONTENTS OF COMPLAINT OR INFORMATION

A complaint or an information is deemed sufficient if it contains the following:
1. The name of the accused; if the offense is committed by more than one person, all of them shall be
included in the complaint or information;
2. The designation of the offense given by statute;
3. The acts or omissions complained of as constituting the offense;
4. The name of the offended party;
5. The approximate date of the commission of the offense; and
6. The place where the offense was committed (Sec. 6, Rule 110, Rules of Court).
7. Signature of Prosecutor (for Information)
8. Signature of Offended Party, Peace officer or Public officer charged withenforcement of the law (for
Complaint)
9. If Information is filed after inquest (and not preliminary investigation), add the ff:
a. Place where accused is actually detained
b. Full name and address of evidence custodian
c. Detailed description of recovered items, if any
10. Verification
11. Certification of Preliminary Investigation or Inquest
12. Jurat
78

i. RULES IN DESIGNATING THE NAME OF THE ACCUSED
(a) The complaint or information must state the name and surname of the accused or any appellation
or nickname by which he has been or is known.
(b) If his name cannot be ascertained, he must be described under a fictitious name. A description of
the accused under a fictitious name must be accompanied by a statement that his true name is
unknown.
(c) If later his true name is disclosed by him or becomes known in some other manner, his true name
shall be inserted in the complaint or information and in the records of the case. (Sec. 7, Rule 110,
Rules of Court)
ii. RULES IN DESIGNATING THE OFFENSE
The complaint or information shall state the designation of the offense given by the statute, aver the
acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. If
there is no designation of the offense, reference shall be made to the section or subsection of the
statute punishing it. ((Sec. 8, Rule 110, Rules of Court)
iii. RULES IN DESIGNATING THE CAUSE OF ACCUSATION
In informing the accused of the cause of accusation against him, it is not necessary to employ the
words used in the statute alleged to have been violated. It is sufficient for the complaint or information
to use ordinary and concise language sufficient to enable a person of common understanding to know
the following (Sec. 9, Rule 110, Rules of Court):
(a) The offense being charged;  
(b) The acts or omissions complained of as constituting the  offense; and 
(c) The qualifying and aggravating circumstances.
iv. RULES IN DESIGNATING THE NAME OF THE OFFENDED PARTY
The complaint or information must state the name and surname of the person against whom or against
whose property the offense was committed, or any appellation or nickname by which such person has
been or is known. If there is no better way of identifying him, he must be described under a fictitious
name.
(a) In offenses against property, if the name of the offended party is unknown, the property must be
described with such particularity as to properly identify the offense charged.
(b) If the true name of the of the person against whom or against whose properly the offense was
committed is thereafter disclosed or ascertained, the court must cause the true name to be inserted in
the complaint or information and the record.
(c) If the offended party is a juridical person, it is sufficient to state its name, or any name or
designation by which it is known or by which it may be identified, without need of averring that it is a
juridical person or that it is organized in accordance with law. (Sec. 12, Rule 110, Rules of Court)
v. RULES IN DESIGNATING THE DATE OF THE COMMISSION OF THE OFFENSE

It is not necessary to state in the complaint or information the precise date the offense was committed
except when it is a material ingredient of the offense. The offense may be alleged to have been
committed on a date as near as possible to the actual date of its commission. (Sec. 11, Rule 110,
Rules of Court)
vi. RULES IN DESIGNATING THE PLACE WHERE THE OFFENSE WAS COMMITTED
The complaint or information is sufficient if it can be understood from its allegations that the offense
was committed or some of the essential ingredients occurred at some place within the jurisdiction of
the court, unless the particular place where it was committed constitutes an essential element of the
offense or is necessary for its identification. (Sec. 10, Rule 110, Rules of Court)
vii. RULE IN DUPLICITY OF OFFENSES

A complaint or an information must charge only one offense. More than one offense may however, be
charged when the law prescribes a single punishment for various offenses (Sec. 13, Rule 110, Rules
of Court).
79

SAMPLE INFORMATION FOR CONSENTED ABDUCTION
Consented Abduction under Art. 343 of the Revised Penal Code:

ELEMENTS:
1. That the offended party must be a virgin.
2. That she must be over 12and under 18 yearsof age.
3. That the taking away of the offended party must be with her consent, after solicitation or cajolery from the
offender
4. That the taking away of the offended party must be with lewd design

NATIONAL CAPITAL REGION
Quezon City, Branch _____
PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. ____________

Plaintiff, For: Consented Abduction
v.
JUAN DELA CRUZ
Accused.
x--------------------------------------------x
INFORMATION
The undersigned, upon sworn complaint originally filed by the offended party, accuses JUAN DELA
CRUZ of the crime of CONSENTED ABDUCTION, committed as follows:
That on or about February 1, 2018, at about 6:00 p.m. in Quezon City and within the jurisdiction
of this Honorable Court, the said accused, did then and there willfully, unlawfully and feloniously
abduct a woman named MARIA MAGDALENA REYES who is a virgin and minor of 14 years, from
her dwelling with her consent after solicitation or cajolery and with lewd designs.
CONTRARY TO LAW.
Quezon City, Philippines, this 26th day of July 2018.
LEONARDO O. SANTOS
Assistant City Prosecutor
CERTIFICATION OF PRELIMINARY INVESTIGATION
I hereby certify that a preliminary investigation in this case was conducted by me in accordance
with law; that I examined the Complainant and his witnesses; that there is reasonable ground to
believe that the offense charged had been committed and that the accused is probably guilty
thereof; that the accused was informed of the Complaint and of the evidence submitted against him
and was given the opportunity to submit controverting evidence; and that the filing of this
Information is with the prior authority and approval of the City Prosecutor.
LEONARDO O. SANTOS
Assistant City Prosecutor
SUBSCRIBED AND SWORN BEFORE ME this 26th day of July 2018 in Quezon City, Philippines.
JOSE T. LOPEZ
City Prosecutor
80

MOTION FOR BAIL
Under what Rule
Rule 114 of the Rules of Court “Bail”
Definition
Section 1 of Rule 114 of the Rules on Criminal Procedure provides that, Bail is the security given for the
release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance
before any court as required under the conditions hereinafter specified. Bail may be given in the form of
corporate surety, property bond, cash deposit, or recognizance.
Conditions of the bail; requirements
All kinds of bail are subject to the following conditions:
(a) The undertaking shall be effective upon approval, and unless cancelled, shall remain in force at all
stages of the case until promulgation of the judgment of the Regional Trial Court, irrespective of
whether the case was originally filed in or appealed to it;
(b) The accused shall appear before the proper court whenever required by the court of these Rules;
(c) The failure of the accused to appear at the trial without justification and despite due notice shall be
deemed a waiver of his right to be present thereat. In such case, the trial may proceed in absentia;
and
(d) The bondsman shall surrender the accused to the court for execution of the final judgment.
The original papers shall state the full name and address of the accused, the amount of the undertaking and
the conditions herein required. Photographs (passport size) taken within the last six (6) months showing the
face, left and right profiles of the accused must be attached to the bail.
Bail, a matter of right; exception
All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on
recognize as prescribed by law or this Rule:
(a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in
Cities, or Municipal Circuit Trial Court, and
(b) before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or
life imprisonment.
Bail, when discretionary
Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life
imprisonment, admission to bail is discretionary. The application for bail may be filed and acted upon by the
trial court despite the filing of a notice of appeal, provided it has not transmitted the original record to the
appellate court. However, if the decision of the trial court convicting the accused changed the nature of the
offense from non-bailable to bailable, the application for bail can only be filed with and resolved by the
appellate court.
Should the court grant the application, the accused may be allowed to continue on provisional liberty during the
pendency of the appeal under the same bail subject to the consent of the bondsman.
If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused shall be denied
bail, or his bail shall be cancelled upon a showing by the prosecution, with notice to the accused, of the
following or other similar circumstances:
(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime
aggravated by the circumstance of reiteration;
(b) That he has previously escaped from legal confinement, evaded sentence, or violated the
conditions of his bail without valid justification;
(c) That he committed the offense while under probation, parole, or conditional pardon;
81

(d) That the circumstances of his case indicate the probability of flight if released on bail; or
(e) That there is undue risk that he may commit another crime during the pendency of the appeal.
The appellate court may, motuproprio or on motion of any party, review the resolution of the Regional Trial
Court after notice to the adverse party in either case.
Capital offense of an offense punishable by reclusion perpetua or life imprisonment, not bailable
No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment,
shall be admitted to bail when evidence of guilt is strong, regardless of the stage of the criminal prosecution.
Burden of proof in bail application
At the hearing of an application for bail filed by a person who is in custody for the commission of an offense
punishable by death, reclusion perpetua, or life imprisonment, the prosecution has the burden of showing that
evidence of guilt is strong.
Amount of bail; guidelines
The judge who issued the warrant or granted the application shall fix a reasonable amount of bail considering
primarily, but not limited to, the following factors:
(a) Financial ability of the accused to give bail;
(b) Nature and circumstances of the offense;
(c) Penalty for the offense charged;
(d) Character and reputation of the accused;
(e) Age and health of the accused;
(f) Weight of the evidence against the accused;
(g) Probability of the accused appearing at the trial;
(h) Forfeiture of other bail;
(i) The fact that accused was a fugitive from justice when arrested; and
(j) Pendency of other cases where the accused is on bail.
Excessive bail shall not be required.
Bail, where filed
(a) Bail in the amount fixed may be filed with the court where the case is pending, or in the absence or
unavailability of the judge thereof, with any regional trial judge, metropolitan trial judge, municipal trial judge, or
municipal circuit trial judge in the province, city, or municipality. If the accused is arrested in a province, city, or
municipality other than where the case is pending, bail may also be filed with any regional trial court of said
place, or if no judge thereof is available, with any metropolitan trial judge, municipal trial judge, or municipal
circuit trial judge therein.
(b) Where the grant of bail is a matter of discretion, or the accused seeks to be released on recognizance, the
application may only be filed in the court where the case is pending, whether on preliminary investigation, trial,
or on appeal.
(c) Any person in custody who is not yet charged in court may apply for bail with any court in the province, city,
or municipality where he is held.
82

SAMPLE FORM: MOTION FOR BAIL
Branch 1
Manila
PEOPLE OF THE PHILIPPINES,

Plaintiff,
Criminal Case No. 0000001

For Estafa
- versus -
JUAN DELA CRUZ,

Accused,
x---------------------------------------------------------------------------x
MOTION FOR BAIL
Accused, by his undersigned counsel, respectfully states:
1. The prosecutor filed an information for murder against herein accused, and
recommended no bail, as a consequence he has been detained.
2. The prosecution’s evidence of guilt against the accused is not strong; in support
whereof, the defendant submits the following:
(cite evidence of the prosecution belying the charge against the defendant)
WHEREFORE, upon prior notice and hearing, it is respectfully prayed that the defendant be
admitted to bail in such amount as this Honorable Court may fix.
City of Manila; July 27, 2018.
ATTY. JOSE REYES

Counsel for Accused
Unit 99, XYZ Building, Recto, Manila
IBP No. 123456; 01/01/08 – Manila
PTR No. 1234567; 01/01/08 – Manila
Roll No. I – 12345; 10/10/10
MCLE No. I – 001234; 11/11/11
MCLE No. II – 005678; 11/11/11
REQUEST FOR & NOTICE OF HEARING
Copy furnished:
Name and Address of Counsel and of the Other Parties
PROOF OF SERVICE
EXPLANATION (if served by registered mail)
83

NOTICE OF HEARING
DEFINITION: A Notice of Hearing is a prepared legal document that invokes all parties to hear a motion and
may be emitted by any party. It contains a time and date for the Clerk of Court to amend schedule for and what
motion will be attempted.
The notice of hearing is both a REQUEST and a NOTICE. It is a request, addressed to the Branch Clerk of
Court, to include the motion in the calendar for hearing, on a specific date. It is also a notice to the opposing
counsel, of the hearing date requested.
CONTENTS: Section 5 of Rule 15 of the Rules of Court, which provides: The notice of hearing shall be
addressed to all the parties concerned, and shall specify the time and date of the hearing which must not be
later than ten (10) days after the filing of the motion.
WHEN MADE: This is the general rule – all motion which must be heard, must be filed with a Notice of
Hearing. The exceptions are ex parte motions, and motions made orally and addressed to the court.
In non-litigious or ex parte motion, it is sufficient that the request not contain a date, and requests for the
Court’s pleasure, as to when it will act upon the motion.
CASE DOCTRINE: In the case Marciano Alcaraz vs. Judge Fatima Asdala, the Supreme Court teaches us
that, the Rules of Court require every written motion, except those that the court may act upon without
prejudicing the rights of an adverse party, to be set for hearing by its proponent. When a motion ought to be
heard, the same rules prescribe that it must be served to the adverse party with a notice of hearing.
The Supreme Court cited Section 5 of Rule 15 of the Rules of Court. In this case, the Court reminds us that a
motion, which fails to meet the requirements of the rule is a mere scrap of paper. The judge has no obligation
to act on the motion. The judge is also not administratively liable, for failing to act on such motion.
In this case, the complainant failed to specify the time and date of the hearing. The complainant also failed to
address the notice of hearing, to the opposing counsel.
THE BRANCH CLERK OF COURT

Regional Trial Court
National Capital Judicial Region
Branch 53, Pasig City, Metro Manila
GREETINGS:
Please submit the foregoing Motion to the Court for its consideration and approval immediately,
upon receipt hereof and kindly include the same, in the Court’s calendar for hearing on August 3,
2018 at 8:30 in the morning.
ATTY. RAVEN REYES

Counsel for the Defendant
Copy furnished:
Atty. Thomas Escolin

Counsel for the Plaintiff
16th Floor JMT Tower ADB Avenue, Pasig City
84

AFFIDAVIT OF SERVICE
DEFINITION OF AFFIDAVIT OF SERVICE: An Affidavit of Service, also known as “Proof of Service”, is a
document provided by the server to prove that the service has been done.
A service is “the act of providing a party with a copy of the pleading or paper concerned. If any party has
appeared by counsel, service upon him shall be made upon his counsel or one of them, unless service upon
the party himself is ordered by the court. Where one counsel appears for several parties, he shall only be
entitled to one copy of any paper served upon him by the opposite side.” (Sec. 2, Rule 13, ROC)
MODES OF SERVICE: (Sec. 5, Rule 13, ROC)
1.) Personal service
2.) Registered mail
PARTS OF AN AFFIDAVIT OF SERVICE:
1.) Circumstances of the Affiant – the reason why he caused the mailing (e.g. secretary of law office/counsel).
2.) Case in which the pleading/motion/petition is filed.
3.) Mode of Service – a.) Personal service – with date of receipt; b.) Registered mail – including the date of
mailing and registry receipt number.
4.) Jurat
5.) Explanation – If the pleading/motion/petition was served via Registered mail, then the explanation as to
why such service was done must be included on the Affidavit of Service, except with regard to papers
emanating from the court. The explanation need not be verified; it is only required to be signed. (Sec. 11, Rule
13, ROC)
OTHER RULES APPLICABLE FOR AFFIDAVIT OF SERVICE: (Under Rules of Court)
1.) Sec. 6, Rule 13, ROC – “Service of the papers may be made by delivering personally a copy to the party or
his counsel, or by leaving it in his office with his clerk or with a person having charge thereof. If no person is
found in his office, or his office is not known, or he has no office, then by leaving the copy, between the hours
of eight in the morning and six in the evening, at the party's or counsel's residence, if known, with a person of
sufficient age and discretion then residing therein.”
2.) Sec. 7, Rule 13, ROC – “Service by registered mail shall be made by depositing the copy in the post office
in a sealed envelope, plainly addressed to the party or his counsel at his office, if known, otherwise at his
residence, if known, with postage fully prepaid, and with instructions to the postmaster to return the mail to the
sender after ten (10) days if undelivered. If no registry service is available in the locality of either the senders
or the addressee, service may be done by ordinary mail.”
3.) Sec. 8, Rule 13, ROC – “If service of pleadings, motions, notices, resolutions, orders and other papers
cannot be made under the two preceding sections, the office and place of residence of the party or his counsel
being unknown, service may be made by delivering the copy to the clerk of court, with proof of failure of both
personal service and service by mail. The service is complete at the time of such delivery.”
4.) Sec. 13, Rule 13, ROC – “Proof of personal service shall consist of a written admission of the party served,
or the official return of the server, or the affidavit of the party serving, containing a full statement of the date,
place and manner of service. If the service is by ordinary mail, proof thereof shall consist of an affidavit of the
person mailing of facts showing compliance with section 7 of this Rule. If service is made by registered mail,
proof shall be made by such affidavit and the registry receipt issued by the mailing office. The registry return
card shall be filed immediately upon its receipt by the sender, or in lieu thereof the unclaimed letter together
with the certified or sworn copy of the notice given by the postmaster to the addressee.”
85

AFFIDAVIT OF SERVICE BY PERSONAL SERVICE
CITY OF PASAY) S.S.
I, DIANA J. ALPAJORA, of legal age, single, Filipino, as Secretary of ATTY. ERICKSON Q. OLALIA of
ABC LAW OFFICE, with office address at Unit 27, ABC Law Office Building, Brgy. 47, Pasay City,
after having duly sworn to in accordance with the law, hereby depose and state that:
On July 26, 2018, I personally served the following pleading, pursuant to Sections 5, 6, and 13,
Rule 13 of the Rules of Court:
Nature of Pleading – ANSWER
In CIVIL CASE NO. 9876, entitled “Manguera vs. Quising” by serving a copy to ATTY. HANNAH I.
CABRERA, counsel of plaintiff TRICCIE MANGUERA, at Unit 78, XYZ Law Office Building, Brgy. 89,
Pasay City.
IN WITNESS WHEREOF, I hereunto signed this 27th day of July 2018, at Pasay City, Metro Manila.
DIANA J. ALPAJORA
Affiant
SUBSCRIBED AND SWORN to before me this 27th day of July 2017 at Pasay City, Metro Manila,
affiant, exhibited to me her Postal ID Card No. 1234 issued by the Pasay City Central Post Office on
February 14, 2014.
MARRA L. RICALDE
Doc. No. 45;

Page No. 2;
Book No. 5;
Series of 2018.
AFFIDAVIT OF SERVICE BY REGISTERED MAIL

CITY OF PASAY) S.S.
I, DIANA J. ALPAJORA, of legal age, single, Filipino, as Secretary of ATTY. ERICKSON Q. OLALIA of
ABC LAW OFFICE, with office address at Unit 27, ABC Law Office Building, Brgy. 47, Pasay City,
after having duly sworn to in accordance with the law, hereby depose and state that:
On July 26, 2018, I served a copy of the following pleading, pursuant to Sections 5, 6, and 13, Rule
13 of the Rules of Court:
Nature of Pleading – ANSWER
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In CIVIL CASE NO. 9876, entitled “Manguera vs. Quising” by depositing a copy in the post office in
a sealed envelope, plainly addressed to ATTY. HANNAH I. CABRERA, counsel of plaintiff TRICCIE
MANGUERA, at Unit 78, XYZ Law Office Building, Brgy. 89, Pasay City, with postage fully paid, as
evidenced by Registry Receipt No. 1234, attached and with instructions to the postmaster to return
the mail to the sender after ten (10) days if undelivered.
IN WITNESS WHEREOF, I hereunto signed this 27th day of July 2018, at Pasay City, Metro Manila.
DIANA J. ALPAJORA
Affiant
SUBSCRIBED AND SWORN to before me this 27th day of July 2017 at Pasay City, Metro Manila,
affiant, exhibited to me her Postal ID Card No. 1234 issued by the Pasay City Central Post Office on
February 14, 2014.
MARRA L. RICALDE
Doc. No. 45;

Page No. 2;
Book No. 5;
Series of 2018.
Copy furnished through registered mail:
ATTY. ERICKSON Q. OLALIA

Counsel for the Defendant
ABC Law Office
Pasay City, Metro Manila
Registry Receipt No. 1234
Post Office of Pasay City
Date: July 27, 2018
EXPLANATION
This certifies that personal service was not resorted to for the reason that due to time, distance and
manpower constraints, the same is not practicable.
ATTY. ERICKSON Q. OLALIA

Counsel
87

SUMMONS
It is the writ by which the defendant is notified of the action brought against him (Republic vs. Domingo, 657
SCRA 621).
Fundamentally, it is the notice to the defendant that a particular person named therein has commenced an
action against him in a particular court.
Issuance of Summons; Not Discretionary
The issuance of summons is not discretionary on the part of the court or the clerk of court but is a mandatory
requirement.
Upon the filing of the complaint and the payment of the requisite legal fees, the clerk of court shall forthwith
issue the corresponding summons to the defendants (Rule 14, Section 1, Rules of Court).
Who Issues the Summons?
The clerk of court issues the summons who shall sign the same under seal (Sec. 2, Rule 14, Rules of Court).
To Whom Summons is Directed?
The summons is a writ that is directed to the defendant, not the plaintiff (Sec. 2, Rule 14, Rules of Court).
Who Serves Summons?
The summons may be served by the:
• Sheriff,;
• His deputy; or,
• Other proper court officer; or,
• for justifiable reasons by any suitable person authorized by the court issuing the summons (Sec 3,
Rule 14, Rules of Court).
Contents of the Summons:
1. The summons shall contain the following matters:
(a) the name of the court and the names of the parties to the action;
(b) a direction that the defendant answer within the time fixed by these Rules;
(c) a notice that unless the defendant so answers plaintiff will take judgment by default and may be
granted the relief applied for (Sec. 2, Rule 14, Rules of Court).
2. A copy of the complaint and order for appointment of guardian ad litem if any, shall be attached to the
original and each copy of the summons (Sec. 2, Rule 14, Rules of Court).

_____________________________
_____________________________
_________________________________
Plaintiff,
vs. Civil Case No. ________________________
For: _________________________________
__________________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
SUMMONS
TO: ________________________
_____________________________
88

_____________________________
GREETINGS:
You are hereby required, within ten (10) days from receipt of this Summons, to file with this Court
and serve on plaintiff, your verified Response to the attached Statement of Claim. The form of the
required Response is attached hereto.
You are required to submit with your Response certified copies of documents as well as affidavits of
any witness to stand as your evidence in this case. You must present the original document/s on
the day of hearing.
A motion to dismiss is prohibited and shall not be entertained. Any ground for dismissal should be
included in your Response.
Your failure to respond within the 10-day period AND TO APPEAR AT THE HEARING OF THIS
CASE will authorize the Court to render judgment.
Witness my hand under the seal of this Court, this _______day of ____________, 20_____, at
____________________________________, Philippines.
BRANCH CLERK OF COURT
NOTE: FOR INQUIRIES, CALL TEL. #__________
ISSUANCE OF ALIAS SUMMONS

If a summons is returned without being served on any or all of the defendants, the server shall also serve a
copy of the return on the plaintiff's counsel, stating the reasons for the failure of service, within five days
therefrom. In such a case, or if the summons has been lost, the clerk, on demand of the plaintiff, may issue an
alias summons (Sec. 5, Rule 14, Rules of Court).
Under the Rules, the service of summons has no set period. However, when the court, clerk of court, or the
plaintiff asks the sheriff to make the return of summons, then the validity of the summons lapses. The plaintiff
may then ask for an alias summons if the service of summons has failed (Manotoc vs. CA. G.R. No. 130974,
August, 16, 2006)

METROPOLITAN TRIAL COURT
BRANCH 71 PASIG CITY
HC CONSUMERS FINANCE PHILIPPINES, INC.

Plaintiff,
-versus- CIVIL CASE NO. 3224
FOR: Collection of Sum of Money
CLARITA LALIN NOLASCO,
Defendant.
x-------------------------------------------------------x
MOTION FOR THE ISSUANCE OF ALIAS SUMMONS

Plaintiff thru the undersigned representative, unto this Honorable Court, most respectfully
avers that:
1. On 17 July 2014, this Honorable Court made an Order requiring herein plaintiff to
submit a viable address of the defendant as the summons to the latter was unserved based on the
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Server’s Return.
2. At this point, plaintiff would like to point-out to this Honorable Court that the
address of the defendant contained in the plaintiff’s Statement of Claim is the correct and exact of
address of the defendant. It is evidenced of the fact that the demand letter sent by the plaintiff to
the defendant was received on such address.
3. Likewise, plaintiff was not furnished a copy of the Server’s Return as provided for in
Section 5 Rule 14 of the Rules of Court which explicitly provides that the plaintiff shall be served a
copy of the return stating the reason for the failure of the service, thus:
“SEC. 5. Issuance of alias summons.- If a summons is returned without being served

on any or all of the defendants, the server shall also serve a copy of the return
on the plaintiff’s counsel, stating the reasons for the failure of service, within
five (5) days therefrom. In such a case, or if the summons has been lost, the clerk,
on demand of the plaintiff, may issue an alias summons.”
4. By non-receipt by the plaintiff of the Server’s Return, plaintiff have no clue why
summon was not served on the defendant or that diligent efforts was exerted to locate the address
of the defendant. Hence, at this point, plaintiff highly contends that the Server’s Return is defective.
5. All being said, plaintiff taking into consideration that the summon to the defendant
was returned unserved and likewise, as provided for in the above-cited Section 5 Rule 14 of the
Rules of Court, most respectfully pray that an Alias Summon be issued.
PRAYER
WHEREFORE, premises considered, plaintiff most respectfully pray unto this Honorable
Court that an Alias Summon be issued to the defendant.
Other reliefs, just and equitable under the premises are likewise prayed for.
Ortigas, Pasig City for the City of Pasig, Philippines. 12 August 2014.
LESLIE R. DE GUZMAN
Plaintiff
HC Consumers Finance Philippines, Inc.
35th Floor Union Bank Plaza
Meralco Avenue corner Onyx Road
Ortigas Center Pasig City
COPY FURNISHED:
CLARITA LALIN NOLASCO

Defendant
No. 199 MRR Street, Manggahan
Pasig City
OFFICE OF THE CLERK OF COURT

Municipal Trial Court
Pasig City.
EXPLANATION
Service of the foregoing was done thru registered mail to the defendant and personal service
to the Office of the Clerk of Court.
LESLIE R. DE GUZMAN
90

TYPES OF SERVICE
SERVICE IN PERSON ON DEFENDANT

• Rule 14 sec 6 service in person on defendant- Whenever practicable the summons shall be served by
handing a copy thereof to the defendant in person or if he refuse to receive and sign of it by tendering
it to him
• If the defendant refuses to sign the documents the sheriff will not resort to substitution of summons but
rather he is obligated to tender it to him
SUBSTITUTED SERVICE OF SUMMONS
• Applicable only under rule 14 sec 7
• What is meant by within a reasonable time it contemplates a period of time longer than that
demarcated by the word prompt and presupposes that a prior attempt at personal service within a
justifiable time frame as would be necessary to bring the defendant within the jurisdiction of the court
had failed (Laus vs. CA)
Requirements of a valid substituted service
• Service of summons within a reasonable time is impossible
• The person serving the summons exerted efforts to locate the defendant
• The person to whom the summons is served is of sufficient age and discretion
• The person to whom the summons is served resides at the defendant's place of residence
• Pertinent facts showing the enumerated circumstances are stated in the return of service
• (GR no. 167230 Spouses Galura vs. Math-Agro Corp)
SUBSTITUTION OF SUMMONS
• Leaving copies of the summons at the defendants residence
• Leaving copies of the summons at the defendant’s office or regular place of business
• That a persons of suitable age and discretion received it and is one who has attained the age of full
legal capacity and is considered to have enough discernment to understand the importance of
summons
• A competent person in charge of the office or regular place of business must be one managing the
office or business of defendant
SUMMONS BY PUBLICATION
• As a general rule summons by publication is only allowed in action in rem or quasi in rem
• An exception allowed under the Rules of Court (Rule 14 Section 14)
• Where the identity or whereabouts of the defendant are unknown
• When the defendant is a resident temporarily out of the Philippines
PROOF OF SERVICE
• Be made in writing by the server and shall set forth the manner place and date of service
• Specify (a) any papers which have been served with the process and the name of the person who
received the same
• Be sworn to when made by a person other than a sheriff or his deputy
PROOF OF SERVICE BY PUBLICATION
• By the affidavit of the printer his foreman or principal clerk or of the editor business or advertising
manager to which affidavit a copy of the publication shall be attached
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• By an affidavit showing the deposit of a copy of the summons and order for publication in the post
office postage prepaid directed to the defendant by registered mail to his last known address
DEFENDANT DID NOT RECEIVE THE SUMMON
• Montalban vs Maximono
• GR no. L-22997
92

MOTION FOR RECONSIDERATION
MOTION, DEFINED.
- Motion is an application for relief other than by a pleading. (Section 1, Rule 15)  
- A motion is NOT a pleading.  
- Generally, motions pray for relief other than the main cause of action or the main defense.  
- Ordinarily, in acting upon a motion, the court issues an order which may be final or  interlocutory.
PLEADING vs. MOTION
PLEADING MOTION
To submit a claim or defense for To apply for an order not included in

AS TO PURPOSE
appropriate judgment the judgment
Cannot be initiatory as they are
AS TO BEING INITIATORY May be initiatory always made in a case already filed
in court
AS TO TIME OF FILING Always filed before judgment May be filed even after judgment
Only 9 kinds of pleadings are
allowed by the Rules
- Complaint, Counterclaim, Cross-
claim, Third (fourth, etc.)-party Any application for relief not by a
KINDS OF PLEADING ALLOWED
Complaint, Complaint-in- pleading is a motion
Intervention, Answer, Reply,
Counter- counterclaim, Counter-
cross-claim
May be oral when made in open
AS TO FORM Must be written court or in the course of a hearing
or trial
KINDS OF MOTIONS
• Ex-parte Motion – one which does not require that the parties be heard and which the court may act
upon without prejudicing the rights of the other party. This kind of motion is not covered by the hearing
requirement.  
• Litigated Motion – one which requires the parties to be heard before a ruling on the motion is made by
the court.  
• Motion of Course – is where the movant is entitled to the relief or remedy sought as a matter f
discretion on the part of the court.  
• Special Motion – is a motion addressed to the discretion of the court.  
MOTION FOR RECONSIDERATION  
- Is a litigated motion  
- Seeks to AMEND or MODIFY the judgment or final order of the court  
- If so granted by the court, will prejudice the substantial rights of the aggrieved party or the  adverse party,
hence it is a litigated motion  
- RULE 37: one that is directed against a judgment or final order, not of an interlocutory order  
93

AS TO GROUNDS 1. Damages awarded are excessive  
2. That the evidence is insufficient to justify the decision or final order  
3. That the decision or final order is contrary to law (Section 1, Rule 37 –
 CIVPRO)  
4. Errors of law (Section 3, Rule 121 – CRIMPRO)  
5. Errors of fact in the judgment
a. To afford the trail court the opportunity to correct its own mistakes and
to avoid unnecessary appeals from being taken  
b. The grant by the court of reconsideration should require no further
proceedings, such as the taking of additional proof.  
c. To conform to the law applicable in the case, said motion is done to
ask the court to reconsider its findings of law  
AS TO RULE ON Second motion from the same party is PROHIBITED (Section 5, Rule 37)
SECOND MOTION
• The prohibition applies only to final orders or judgments; hence it is allowed in
interlocutory orders
• Interlocutory Order: one that does not dispose of the case completely but
leaves something to be decided upon (e.g. order granting / denying an
application for preliminary injunction)
• Merely resolves incidental matters and leaves something more to be done to
resolve the merits of the case
• JUDGMENT / FINAL ORDER: considered final if the order disposes of the
action of proceeding completely, or terminates a particular stage of the same
action
• A party shall not be allowed to file a second motion for reconsideration of
judgment or a final order
• The prohibition on a second motion applies only when the motion is directed
against a judgment or a final order. The rule does not apply to a motion for
reconsideration of an interlocutory order
AS TO EFFECT OF If the court finds that excessive damages have been awarded or that the judgment or
GRANTING final order is contrary to the evidence or law, it may amend such judgment or final
order accordingly.
In criminal cases, the original judgment shall be set aside and a new judgment
rendered accordingly (Section 6, Rule 121)
WHEN AVAILABLE Available against the judgments or final orders of both the trial and appellate courts
WHEN NOT Prohibited under Summary Procedure and Small Claims
ALLOWED
WHEN TO FILE Within the period of taking an appeal (Section 1, Rule 37 – CIVIL CASES
- Within 15 days or 30 days from notice of the judgment
- No motion for extension of time to file a motion shall be allowed
- Within 15 days from promulgation of the judgment (Section 1, Rule 121 – CRIMINAL
CASES)
- Interrupts the period for perfecting an appeal from the time of its filing until notice of
the order overruling the motion shall have been served upon the accused or his
counsel
- Filed after judgment is rendered but before the finality thereof
Requisites to file:
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1. Existence of judgment of conviction
2. Said judgment not yet final
3. Must be filed at the instance of the accused or by the court motu proprio, with the
consent of the accused
WHERE TO FILE With the trial court which rendered the questioned judgment (CIV & CRIM)
CONTENTS Must point out the findings or conclusions not supported by the evidence or contrary to
law, making express reference to the testimonial or documentary evidence or to the
provisions of law alleged to be contrary to such findings or conclusions (Section 2,
Rule 37)
Requisites for a Motion for Reconsideration (Section 4, Rule 121 – Form of Motion and
Notice to the Prosecutor)
1. In writing
2. Filed with the court
3. State ground on which it is based
4. Notice of the motion for new reconsideration must be given to the fiscal/prosecutor
PRO-FORMA - One which does not satisfy the requirements of the rules and one which will be
MOTION treated as a motion intended to delay the proceedings.
- Does not specify the findings or conclusions in the judgment which are not supported
by the evidence or contrary to law, making express reference to the pertinent evidence
or legal provisions
- THESE ARE PRO-FORMA MOTIONS FOR RECONSIDERATION
1. A second motion for reconsideration
2. Did not comply with the rule that the motion must specify specific matters
3. Failed to substantiate the alleged errors
4. Merely alleged that the decision in question was contrary to law
5. Adverse party was not given notice thereof
- A motion for reconsideration suspends or tolls the running of the reglementary period
for appeal except when it is pro-forma.
- The pro-forma rule on motions for new trial, which applies to civil cases does not
apply to criminal cases
ACTION OF THE 1. Deny the motion
COURT UPON
2. Amend such judgment or order if it finds that excessive damages have been
MOTION
awarded or that the judgment or final order is contrary to the evidence or law (Section
3, Rule 37)
3. Set aside the original judgment and render a new judgment accordingly (Section 6,
Rule 121)
RESOLUTION OF Must be resolved within 30 days from the time it is submitted for resolution (Section 4,
THE MOTION Rule 37 – CIVIL CASES)
PARTIAL May be granted by the court, without interfering with the judgment or final order upon
RECONSIDERATION the rest, if the grounds for a motion affect the issues as to only a part, or less than all
of the matter in controversy, or only one, or less than all, of the parties to it (Section 7,
Rule 37)
REMEDY AGAINST Appeal from the judgment or final order (Section 9, Rule 37)
DENIAL OF MOTION
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- Not Certiorari under Rule 65
- Not appeal from the denial of the motion
FRESH PERIOD If motion is denied, movant has a fresh period of 15 days from receipt of notice of the
RULE order denying or dismissing the motion for reconsideration within which to file a notice
of appeal
• Rule applies to Rule 41 (appeals from RTC to CA or SC), 40 (appeals from
MTC to RTC), 42 (appeals from RTC to CA), 43 appeals from Quasi-Judicial
agencies to CA), and 45 (appeals by Certiorari to the SC)(Neypes vs CA) and
to an appeal in a criminal case
• The aggrieved party has a fresh period or 15 days within which to file his appeal
• The fresh period of 15 days becomes significant only when a party opts to file a
motion for reconsideration or new trial
• The fresh period rule does not refer to the period within which to appeal from
the order denying the motion for reconsideration or new trial but to the period
within which to appeal from the judgment itself because an order denying a
motion for reconsideration or new trial is not appealable (Section 9, Rule 37)
• Applies to judicial proceedings only and not to administrative cases
SAMPLE FORM: MOTION FOR RECONSIDERATION

COURT OF APPEALS
City of Manila
LORIE TAMILLARA,
Petitioner, CA-G.R. SP. No. 81753
v.
PINES CITY MEDICAL ENTERPRISES, INC.,
Respondents.
x-------------------------------------------------------x
MOTION FOR RECONSIDERATION

Petitioner in the above-entitled case, by the undersigned attorney, respectfully moves unto this
Honorable Court to reconsider its order dated December 31, 2013 and was received on January 8,
2013 on the following grounds:
1) That the Employees Compensation rendered its Decision on August 28, 2012, consequently
Petitioner filed a Motion for Reconsideration however, it was denied and the decision of which was
received by the Petitioner on November 6, 2012;
2) That the undersigned admitted that she has inadvertently filed the Notice of Appeal of the above
entitled case to the ECC on November 20, 2012 to which a “Notice of Appeal with Formal Entry of
Appearance & Motion for Extension of Time to File Petition with Payment of Filing/Docket Fees”
was filed on December 18, 2012;
3) That the undersigned counsel prayed for an extension for filing the petition, considering:
a. That she is saddled with out-of-town family affairs which include inheritance matters;
b. That it is the policy of this Honorable Court of Appeals to certify the documents of the
case which will be taken from the office of ECC in Manila, therefore the undersigned needs
more time to secure said documents in Manila; and
c. All government offices (ECC) were closed due to the Christmas Holidays;
4) That the trend not to consider the delay in filing a claim for workman’s compensation as non-
96

jurisdictional defect is justified by Article 24. The employee’s compensation vis-a-vis the employer
has always been a marked disadvantage. (Central Azucarrera v. WCC, 133, Phil. 539)
There is a need of protecting the workman whose inferiority is marked by his disadvantage.
(Central Azucarrera Don Pedro v. WCC, 24 SCRA 484 [1968])
Art. 24 and 1332 of the Civil Code and the principles on contracts of adhesion are
exceptions to the general rule.
Art. 1332 which supplements Article 24 of the Civil Code reads:
“When one of the parties is unable to read, or if the contract is in a language not understood
by him and mistake or fraud is alleged, the person enforcing the contract must show that
the terms thereof have been fully explained to the former.”
5) That to be candid with this Honorable Court, this counsel is a new practitioner and her
shortcomings should not bind the poor worker and deprive him of justice;
6) That the Petition for Review was sent through registered mail on December 20, 2012;
7) Thereby the undersigned counsel begs for the consideration of the Petition for Review which was
earlier sent on December 20, 2012.
PRAYER
WHEREFORE, it is respectfully prayed that the resolution on December 31, 2012 be set aside and
to consider the Petition for Review which was earlier sent on December 20, 2012.
Baguio City, Philippines, this 21st day of January 2013.
JOSE ABOGADO
JURAT
PROOF OF SERVICE (Opposing Counsel)
97

NOTICE OF APPEAL
APPEAL
Resort to superior court to review the decision of an inferior court.
Applicable Rules: Rule 40 and Rule 41 of Rules of Court
*Contents: The notice of appeal shall indicate the parties to the appeal, the judgment or final order or part
thereof appealed from, and state the material dates showing the timeliness of the appeal.
* When to File: An appeal may be taken within fifteen (15) days after notice to the appellant of the judgment
or final order appealed from. Where a record on appeal is required, the appellant shall file a notice of appeal
and a record on appeal within thirty (30) days after notice of the judgment or final order.
* Perfection: A party's appeal by notice of appeal is deemed perfected as to him upon the filing of the notice
of appeal in due time.
(Caption and Title)
NOTICE OF APPEAL
DEFENDANT (or plaintiff as the case may be) by the undersigned counsel, hereby files a notice of
appeal from the judgement of this Honorable Court in the above-entitled case, dated ______________,
a copy of which was received by counsel on _____________________, and appeals the same to the
Court of Appeals.
( Venue, Date, Signature)
98

ENTRY OF APPEARANCE
• Under what rule do we file this?
 Section 21, Rule 138 of the rules of court 
• Who may and when to file? 
Section 21, Rule 138 of the Rules of Court provides that:  Authority of attorney to appear. – An attorney is
presumed to be properly authorized to represent any cause in which he appears, and no written power of
attorney is required to authorize him to appear in court for his client, but the presiding judge may, on motion of
either party and on reasonable grounds therefor being shown, require any attorney who assumes the right to
appear in a case to produce or prove the authority under which he appears, and to disclose, whenever
pertinent to any issue, the name of the person who employed him, and may thereupon make such order as
justice requires. An attorney willfully appearing in court for a person without being employed, unless by leave
of the court, may be punished for contempt as an officer of the court who has misbehaved in his official
transactions.

METROPOLITAN TRIAL COURT
XXXXX XXXXXXXXXXX
The Clerk of Court
Regional Trial Court of __________
Branch________
Sir:
Please enter the appearance of the undersigned as counsel for the plaintiff (or defendant) in the
above-entitled case for all legal purposes.
(Sgd.) ________________
(Attorney for defendant)
_____________________
(Address)
Copy furnished: Counsel for defendant (or plaintiff)
99

NOTICE OF WITHDRAWAL AS COUNSEL
• Under what rule do we file this? 
Section 26, Rule 138 of the Rules of Court.
• Grounds: 
Canon 22 of the code of professional responsibility provides that:  A lawyer shall withdraw his services only for
good cause and upon notice appropriate in the circumstances.
Rule 22.01. A lawyer may withdraw his services in any of the following cases:
a) When the client pursues an illegal or immoral course of conduct in connection  with the matter he is
handling;  
b) When the client insists that the lawyer pursue conduct violative of these  canons and rules;  
c) When his inability to work with co-counsel will not promote the best interest of  the client;  
d) When the mental or physical condition of the lawyer renders it difficult for him  to carry out the employment
effectively;  
e) When the client deliberately fails to pay the fees for the services or fails to  comply with the retainer
agreement;  
f) When the lawyer is elected or appointed to public office; and  
g) Other similar cases.  
Who may and when to file?
Rule 138, Section 26 of the Rules of Court provides that: Change of attorneys. – An attorney may retire at any
time from any action or special proceeding by the written consent of his client filed in court. He may also retire
at any time from an action or special proceeding, without the consent of his client, should the court, on notice
to the client and attorney, and on hearing, determine that he ought to be allowed to retire. In case of
substitution, the name of the attorney newly employed shall be entered on the docket of the court in place of
the former one, and written notice of the change shall be given to the adverse party.
A client may at any time dismiss his attorney or substitute another in his place, but if the contract between
client and attorney has been reduced to writing and the dismissal of the attorney was without justifiable cause,
he shall be entitled to recover from the client the full compensation stipulated in the contract. However, the
attorney may, in the discretion of the court, intervene in the case to protect his rights. For the payment of his
compensation the attorney shall have a lien upon all judgments for the payment of money, and executions
issued in pursuance of such judgment, rendered in the case wherein his services had been retained by the
client.
NOTICE OF WITHDRAWAL AS COUNSEL
The Clerk of Regional Trial Court

________________
________________
Please be informed that as of this date, the undersigned has withdrawn as counsel for the plaintiff
in the above-entitled case for all legal purposes.
(Sgd.) ___________________
(Attorney for Defendant)
____________________
(Address)
100

With my consent:
(Sgd.) _______________
(Client)
Copy received this ____day of________, 2____.
(Sgd.) ______________________
(Counsel for defendant)
101

MOTION TO INHIBIT
The inhibition of Judges or Judicial Officer is grounded on the party- litigant’s constitutional right to due
process. The Bill of Rights provides that no man shall be deprived of life, liberty or property without due
process of law. And inherent in this principle is the right to be heard by a disinterested and impartial judge or
judicial officer.
Section 1, Rule 137 of the Revised Rules of Court
This Section lays down the parameters for the disqualification of a judge or judicial officer from trying or
hearing a case. Thus, No judge or judicial officer shall sit in any case in which he, or his wife or child, is
pecuniary interested as heir, legatee, creditor or otherwise, or in which he is related to either party within the
sixth degree of consanguinity or affinity, or to counsel within the fourth degree, computed according to the
rules of the civil law, or in which he has been executor, administrator, guardian, trustee or counsel, or which he
has presided in any inferior court when his ruling or decision is the subject of review, without the written
consent of all parties in interest, signed by them and entered upon the record.
A judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, for just or valid
reasons other than those mentioned above.
In Garcia v. De la Peña we expounded on the rationale behind the rule on compulsory disqualification of a
judge
The rule on compulsory disqualification of a judge to hear a case where, as in the instant case, the respondent
judge is related to either party within the sixth degree of consanguinity or affinity rests on the salutary principle
that no judge should preside in a case in which he is not wholly free, disinterested, impartial and independent.
A judge has both the duty of rendering a just decision and the duty of doing it in a manner completely free from
suspicion as to its fairness and as to his integrity. The law conclusively presumes that a judge cannot
objectively or impartially sit in such a case and, for that reason, prohibits him and strikes at his authority to
hear and decide it, in the absence of written consent of all parties concerned. The purpose is to preserve the
people’s faith and confidence in the courts of justice.
Sec. 2 of Rule 137 of the Rules of Court
If it be claimed that an official is disqualified from sitting as above provided, the party objecting to his
competency may, in writing, file with the official his objection, stating the grounds therefor, and the official shall
thereupon proceed with the trial, or withdraw therefrom, in accordance with his determination of the question of
his disqualification. His decision shall be forthwith made in writing and filed with the other papers in the case,
but no appeal or stay shall be allowed from, or by reason of, his decision in favor of his own competency, until
after final judgment in the case.

Department of Justice
OFFICE OF THE CITY PROSECTOR
Hall of Justice Compound, Aguinaldo Highway, Imus City
PEOPLE OF THE PHILIPPINES

Complainant, CRIMINAL CASE NO. 9935011
FOR: Qualified Theft
-versus-
JASPER SOL CRUZ
Accused.
x-------------------------------------------------------x
MOTION TO INHIBIT
Complainant, by counsel, to the Honorable Court, alleges that:
The instant complaint was filed sometime in 06 May 2011. However, up to this time, no resolution
102

has yet been issued by the honorable office;
This has been the case despite several follow-ups made by the complainant and it is very apparent
that there is an unreasonable delay in rendering the resolution to the extreme prejudice of the
complainants;
In view of the foregoing, to avoid the appearance of bias and impropriety, it is most respectfully
prayed of the Honorable Office that the honorable investigating prosecutor inhibit himself from
resolving this criminal complaint.
Other reliefs just and equitable are likewise prayed for. City of Manila, for Imus City, 25 May 2012.
PARIL LAW OFFICE

Counsel for Private Complainant
1080 Negros Street, Balic- Balic Sampaloc, Manila
by:
JEFFREY PARIL
Attorney’s Roll No. 48000
IBP#941296, Sampaloc Chapter, 12-27-2010
PTR#176413, Sampaloc, Manila, 1-2-2012
MCLE Compliance No. II- 0009569
MCLE Compliance No. III- 0000923
MCLE Compliance No. IV- 0007733
Copy Furnished:
PROSECUTOR JACK MIOF

Office of the City Prosecutor Imus City, Cavite
ATTY. ALEXANDER LIQUIGAN

Unit 3C, De Quiroz Bldg.,
Aguinaldo Highway, Perpetual Village, Palico III, Imus City, Cavite
ATTY. RAPHAEL CORONADO

2nd Floor, RCVJ Building,
Don P. Campa Avenue, Barrio Uno,
2662 Dasmarinas City, Cavite
EXPLANATION
The foregoing motion is being served to the other party by registered mail due to distance and lack
of office personnel to effect personal service thereof.
103

MOTION TO RELEASE CASH BAIL BOND
When bail may be cancelled?

Upon motion if:
a. surrender of accused;
b. proof of his death;
c. when order of acquittal does not provide for the release of bail.
Automatic cancellation
• Acquittal
• Dismissal of the case
• Execution of the judgment of conviction
•
(caption)
EX PARTE MOTION TO RELEASE BAIL
DEFENDANT, unto this Honorable Court, most respectfully moves for the release of his Bail Bond
in the above-captioned case, alleging as follows:
1.That the herein Defendant has posted Cash Bail Bond for his provisional liberty during the
pendency of the above-captioned case, as evidenced by Official Receipt No. _____________, dated
_____________, a copy of which is hereto attached as Annex “A” and made an integral part hereof;
2.That in the Judgment of the Honorable Court promulgated on _____________, the herein
Defendant was acquitted of all charges and liabilities;
3.However, the said Judgment failed to provide for the release of the Bail Bond posted by the herein
accused.
PRAYER
WHEREFORE, in view of the foregoing, Defendant most respectfully prays that his Cash Bail Bond
be released.
Other relief just and equitable are likewise prayed for.
_____________, Philippines, __Date__.
DEFENDANT
104

LABOR CASE – POSITION PAPER
LABOR DISPUTES
A labor dispute includes any controversy or matter concerning:
1. Terms and conditions of employment, or
2. The association or representation of persons in negotiating, fixing, maintaining, changing or arranging the
terms and conditions of employment
3. Regardless of whether the disputants stand in the proximate relation of Employer and Employee. [LC, Art.
219(l)]
All labor disputes are required to be submitted to mandatory conciliation-mediation
GR: All issues arising from labor and employment shall be subject to mandatory conciliation/mediation. The
Labor Arbiter or the appropriate DOLE agency or office that has jurisdiction over the dispute shall entertain
only endorsed or referred cases by the duly authorized officer [Labor Code as amended by R.A. 103960, Art.
228(a)].
XPNs:
1. Grievance machinery and Voluntary Arbitration, in which case, their agreement will govern
2. When excepted by the Secretary of Labor and Employment (Ibid.)
PARTIES TO A LABOR DISPUTE
1. Primary parties are the Employer, Employees and the union.
2. Secondary parties are the voluntary arbitrator, agencies of DOLE, NLRC, SLE and the Office of the
President.
CERTIFIED CASES
These are cases certified or referred to the National Labor Relations Commission for compulsory arbitration
under Art. 263(g) of the Labor Code dealing about national interest cases. A national interest dispute may be
certified to the NLRC even before a strike is declared since Art. 263(g) of the LC does not require the
existence of a strike, but only of an industrial dispute [Government Service Insurance System Employees
Association (GSISEA), et al. v. Court of Industrial Relations, G.R. No. L-18734, December 30, 1961].
POSITION PAPER
Takes the place of the direct testimony of the parties, which shall cover only those claims and causes of action
stated in the complaint or amended complaint, accompanied by all supporting documents, including the
affidavits of witnesses, excluding those that may have been amicably settled
WHO
Filed by both the complainant and respondent involved in a labor dispute under original and exclusive
jurisdiction of the Labor Arbiter
WHEN
Labor Arbiter shall direct the parties to submit simultaneously their verified position papers with supporting
documents and affidavits, if any, on a date set by him/her within ten (10) calendar days from the date of
termination of the mandatory conciliation and mediation conference.
In CERTIFIED CASES, upon certification to the Commission for compulsory arbitration under Art. 263(g) of the
LC dealing about national interest cases.
WHERE
Before the Regional Arbitration Branch having jurisdiction over the workplace of the complainant or petitioner.
105

For purposes of venue, the workplace shall be understood as the place or locality where the employee is
regularly assigned at the time the cause of action arose. It shall include the place where the employee is
supposed to report back after a temporary detail, assignment, or travel. In case of field employees, as well as
ambulant or itinerant workers, their workplace is where they are regularly assigned, or where they are
supposed to regularly receive their salaries and wages or work instructions from, and report the results of their
assignment to, their employers. When venue is not objected to before the filling of position papers such issue
shall be deemed waived.
In CERTIFIED CASES before the NLRC Division assigned, if it was not filed before the Labor Arbiter.

Department of Labor and Employment
NATIONAL LABOR RELATIONS COMMISSION
Quezon City
JOSEPH MARWIN JAMPAS

Complainant, NLRC LAC NO.-OFW-M-06-000380-17
HON. LA PAZ EUGENIA NERI-DYSANGCO
-versus-
MAGBANUA MARITIME SERVICES, INC.,
AND/OR MILEA KIM KARLA S. CABUHAT
AND/OR OMEGA BULKERS SHIP
MANAGEMENT
Respondents.
x-------------------------------------------------------x
POSITION PAPER
(For Respondents)
COME NOW respondents through their undersigned counsel, and unto this Honorable Office, most
respectfully submit their Position Paper as follows:
PREFARATORY STATEMENT
In the promotion of labor protection, the Constitution authorizes neither oppression nor self-
destruction of the employer. The law in protecting the rights of the laborer authorizes neither
oppression nor self-destruction of the employer. While the Constitution is committed to the policy of
social justice and the protection of the working class, it should not be supposed that every labor
dispute will be automatically decided in favor of labor. Management has also its own rights, which
as such, are entitled to respect and enforcement in the interest of simple fair play. Out of its
concern for those with less privilege in life, the Supreme Court has inclined more often than not
toward the worker and upheld his cause in his conflicts with his employer. Such favoritism,
however, has not blinded the Court to the rule that justice is in every case for the deserving, to be
dispensed in the light of the established facts and applicable law and doctrine.
It is also a basic tenet in the concept of justice that a valid contract entered into by two parties is
the law between them. The Philippine Overseas Employment Administration (POEA) Standard
Employment Contract (hereinafter referred to as the POEA Contract or POEA SEC) embodied in
POEA Governing Board Resolution No.09 and POEA Memorandum Circular No. 10, both series of
2010) is the law between the parties in this case. Being a valid contract, it should govern the
relations between them.
STATEMENT OF THE FACTS
On 06 May 2016, seafarer Joseph Marwin Jampas (hereinafter referred to as seafarer Jampas or
complainant) was contracted by respondent Magbanua Maritime Services, Inc. (respondent FMSI
106

for short) for and in behalf of its foreign principal, Omega Bulkers Shipmanagement., to work on
board the vessel “MV Omega Progress” under the following terms and conditions as stipulated in
the approved POEA Contract of Employment :
1.1 Duration of Contract : 9+3 months with the consent of both parties
1.2 Position : Ordinary Seaman
1.3 Basic Wage : USD465.00/Month
1.4 Hours of Work : 48 Hours/week
1.5 Overtime : USD291.00/Mo. Fixed OT 104 Hrs/Extra Overtime Plus
Extra Works Fixed per Month $201.00
1.6 Vacation Leave with Pay: USD93.00 per month on basic wages
1.7 Point of Hire : MANILA PHILIPPINES
1.8 Collective Bargaining Agreement, if any: None
On 15 May 2016, seafarer JOSEPH MARWIN JAMPAS left Manila to board his assigned vessel “MV
Omega Progress” at the port of Singapore.
In the Master’s Report dated 04 July 2016, the master in command reported to Magbanua
Maritime that seafarer Jampas rendered resignation letter to be effective immediately upon arrival
to the nearest and convenient port.
Hence, seafarer Jampas disembarked on 13 July 2016 at the port of Huang Hua China.
After disembarkation, seafarer JAMPAS reported to the respondents’ main office at Manila on 15
July 2016 as evidenced by his De-briefing Form for Disembarking Crew , personally filled out and
signed by him.
Hence, on the said de-briefing form seafarer JAMPAS responded with positive remarks and specified
that the reason of his disembarkation was “Transfer to Capesize” . Also, on the item No. 9, “When
would you like to board the vessel for your next contract, please indicate date”, seafarer Jampas
indicated “25 July – 10 August 2016”.
Surprisingly, on 10 August 2016, respondents received complaint dated 02 August 2016, filed
before Philippine Overseas Employment Administration against herein respondents, claiming for
the salary equivalent to the unexpired portion of contract. After several conferences, no amicable
settlement was agreed upon between seafarer Jampas and the respondents.
Unsatisfied, Jampas filed a case before National Labor Relations Commission for Mandatory
Conference, claiming the same cause of action. However, only one conference ensued because no
amicable was agreed upon by the parties. In view thereof, the parties were directed to file their
respective position paper.
ISSUE/S
I.
WHETHER OR NOT COMPLAINANT WILLFULLY REQUESTED FOR TERMINATION OF HIS
EMPLOYMENT IN LIEU OF HIS REQUEST FOR TRANSFER OF VESSEL
II.
WHETHER OR NOT THE ALLEGED ILLEGAL DISMISSAL IS GROUNDLESS
III.
WHETHER OR NOT COMPLAINANT’S EMPLOYMENT WAS VALIDLY TERMINATED IN
ACCORDANCE WITH THE POEA SEC PROVISION “TRANSFER CLAUSE”
ARGUMENTS
A.COMPLAINANT WILLFULLY REQUESTED FOR TERMINATION OF HIS EMPLOYMENT AS
107

EVIDENCED BY HIS RESIGNATION LETTER, FOR THE REASON OF HIS PERSONAL PROBLEM
AND IN LIEU OF HIS REQUEST FOR POSSIBLE TRANSFER OF VESSEL
The respondents humbly submit that complainant was not illegally dismissed in contrary to his
assertion, thus, his claim for salaries equivalent to the unexpired portion of his contract is also
untenable.
It must be noted that complainant rendered resignation letter dated 04 July 2016. And such
resignation was rendered voluntarily without any presence of bad faith attributable to the
respondents. Said resignation letter is hereby quoted, as follows:
“This is to inform you that I am experiencing personal problem. Because of this I would like
to give you this resignation letter effective this July when we arrive at China. Also please
grant my request to transfer to cape size vessel on my next contract.
Kindly allow me to sign off at the port of China. Thank you for understanding me. Waiting
for your approval.
JOSEPH MARWIN JAMPAS”
Accordingly, Section 18, Paragraph B, Item 3, of the POEA Amended Standard Terms and
Conditions Governing the Overseas Employment of Filipino Seafarers On-board Ocean-going Ships,
Memorandum Circular No.10 Series of 2010 that ---
“The employment of the seafarer is also terminated effective upon arrival at the point of hire
for any of the following reasons:
xxx
3. When the seafarer, in writing, voluntarily resigns and signs off prior to expiration of
contract pursuant to Section 19 (G) of this Contract. ”
Hence, provision regarding resignation as a valid ground for the termination of employment is also
embodied in Article 285 of the Labor Code in which recognizes termination by the employee of the
employment contract by “serving written notice” Given that provision, the law contemplates the
requirement of a written notice of resignation. In the instant case, the resignation is a material
evidence to justify the respondents’ denial to the complainant’s claim based on the governing laws.
In Candido Alfaro vs. Court of Appeals, et. al., G.R. No. 140812 August 28, 2001, citing Sime Darby
Pilipinas, Inc. v. NLRC, 289 SCRA 86, April 15, 1998, the Supreme Court held that ---
“An employee voluntarily resigns when he finds himself in a situation where he believes that
personal reasons cannot be sacrificed in favor of the exigency of the service; thus, he has no other
choice but to disassociate himself from his employment
xxx
Clearly then, the claim of petitioner that he was illegally dismissed cannot be sustained,
considering that his voluntary resignation has been indubitably established as a fact by the
three tribunals below. Indeed, illegal dismissal and voluntary resignation are adversely
opposed modes of terminating employment relations, in that the presence of one precludes
that of the other.
Although the Supreme Court has, more often than not, been inclined towards the workers
and has upheld their cause in their conflicts with the employers, such inclination has not
blinded it to the rule that justice is in every case for the deserving, to be dispensed in the
light of the established facts and applicable law and doctrine.”
More so, complainant even requested for his possible transfer to a cape size vessel. As emphasized
above from his resignation letter. Also, in the de-briefing form seafarer Jampas responded with
108

positive remarks and specified that the reason of his disembarkation was “Transfer to Capesize” .
And on the item No. 9, “When would you like to board the vessel for your next contract, please
indicate date”, seafarer Jampas indicated “25 July – 10 August 2016.
However, on 09 September 2016, complainant went to the respondent’s office to withdraw his
documents. He filled out the withdrawal form and under the field “Reason”, he put a check mark
(√) on the field that corresponds to “Change Job/Land Based”.
Based on the facts presented, it is clear that complainant tends to change his mind. In fact, during
the mandatory conference, he could not even decide any definite claim against the respondents,
hence the reason why this Honorable office prompted to order for a submission of Position Paper.
B. THE ALLEGED ILLEGAL DISMISSAL IS GROUNDLESS
The illegal dismissal filed by the complainant had no basis or any ground. In Ma. Finina E.
Vicente, G.R. No. 175988 vs. Cinderella Marketing Corporation, G.R. No. 175988, August 24, 2007,
the Supreme Court ruled in favor of the employer, as follows:
“x x x However, it is well-settled that for want of substantial basis, in fact or in law, factual
findings of an administrative agency, such as the NLRC, cannot be given the stamp of
finality and conclusiveness normally accorded to it, as even decisions of administrative
agencies which are declared final by law are not exempt from the judicial review when so
warranted
In administrative proceedings, the quantum of proof required is substantial evidence, which

is more than a mere scintilla of evidence, but such amount of relevant evidence which a
reasonable mind might accept as adequate to justify a conclusion. The Court of Appeals may
review the factual findings of the NLRC and reverse its ruling if it finds that the decision of
the NLRC lacks substantial basis.
xxx
Petitioner argues that the employer bears the burden of proof that the resignation is
voluntary and not the product of coercion or intimidation. We agree that in termination
cases, burden of proof rests upon the employer to show that the dismissal is for a just and
valid cause and failure to do so would necessarily mean that the dismissal was illegal. In
Mobile Protective & Detective Agency v. Ompad, the Court ruled that should an employer
interpose the defense of resignation, as in the present case, it is still incumbent upon
respondent company to prove that the employee voluntarily resigned.
From the totality of evidence on record, it was clearly demonstrated that respondent
Cinderella has sufficiently discharged its burden to prove that petitioners resignation was
voluntary. In voluntary resignation, the employee is compelled by personal reason(s) to
disassociate himself from employment. It is done with the intention of relinquishing an
office, accompanied by the act of abandonment. To determine whether the employee indeed
intended to relinquish such employment, the act of the employee before and after the alleged
resignation must be considered.
Petitioner relinquished her position when she submitted the letters of resignation. The
resignation letter submitted on February 15, 2000 confirmed the earlier resignation letter
she submitted on February 7, 2000. The resignation letter contained words of gratitude
which can hardly come from an employee forced to resign.
xxx
Hence, petitioner cannot take refuge in the argument that it is the employer who bears the
burden of proof that the resignation is voluntary and not the product of coercion or
intimidation. Having submitted a resignation letter, it is then incumbent upon her to prove
that the resignation was not voluntary but was actually a case of constructive dismissal
with clear, positive, and convincing evidence. Petitioner failed to substantiate her claim of
109

constructive dismissal.
xxx
Bare allegations of constructive dismissal, when uncorroborated by the evidence on record,
cannot be given credence. In St. Michael Academy v. National Labor Relations Commission,
we ruled that mere allegations of threat or force do not constitute substantial evidence to
support a finding of forced resignation. We enumerated the requisites for intimidation to
vitiate consent as follows:
(1) that the intimidation caused the consent to be given;

(2) that the threatened act be unjust or unlawful;
(3) that the threat be real or serious, there being evident disproportion between the evil and
the resistance which all men can offer, leading to the choice of doing the act which is forced
on the person to do as the lesser evil; and
(4) that it produces a well-grounded fear from the fact that the person from whom it comes
has the necessary means or ability to inflict the threatened injury to his person or property.
xxx
None of the above requisites was established by petitioner. Other than the allegation that
Mr. Tecson intimidated petitioner into resigning, there were no other proofs presented to
support a finding of forced resignation to stand against respondents denial and proof
against dismissal. Neither can we consider the conduct of audits and other internal
investigations as a form of harassment against petitioner. Said investigation was legitimate
and justified, conducted in view of the discovery of the anomalous transaction involving the
employees of the respondent including petitioner.”
It is clear that no bad faith can be attributed to the respondents concerning his early termination of
contract, because if there’s any negative remarks, complainant could have put “BAD” instead of
“The Vessel is very good condition” on the portion where he would rate his stay with previous
vessel; Instead of checking “NO” on the portion where he answered the question “Were there any
obstacles that prevented you from doing your job well?”, he could have indicated “YES”; Instead of
rating the officers on board “7/10”, he could have rated “0”. It must be noted that the acts of the
complainant were different from what he kept on asserting before this good office during Mandatory
Conference and before POEA Conciliation Unit during SeNa. Everything seems to change in an
instant, in just one snap.
Respondents firmly believe that complainant has no reason to support his claim that he was
illegally dismissed. In fact, as stated above, when the complainant signed off, he filled out his
debriefing with no single doubt or negative comment imputable to the respondents. Such are the
same with his reasons in his resignation letter. Complainant’s indecisiveness and unstable decision
making are solely imputable to him. And no one should be held liable for the consequences of a
person’s infantile behavior.
II. COMPLAINANT WAS VALIDLY DISMISSED AS PER THE TRANSFER CLAUSE STIPULATED
IN THE POEA SEC;
“Employment contracts of seafarers on board foreign ocean-going vessels are not ordinary
contracts. They are regulated and an imprimatur by the State is necessary. While the seafarer and
his employer are governed by their mutual agreement, the POEA Rules and Regulations require
that the POEA-SEC be integrated in every seafarer’s contract.”
The POEA SEC is a standard contract negotiated by parties, and it is a contract that
“reflects the consensus of all stakeholders after a serious of tripartite consultations.” The right and
obligation of both parties are governed by the terms and conditions stated in the contract – POEA
SEC. Since the nature of seafarer’s contracts, they are not considered as regular employment
defined under the Philippine Labor Code. In the several cases decided by the Supreme Court, it
was well established that seafarer is a contractual employee strictly governed by POEA SEC.
110

Likewise, respondents religiously observe its obligations under POEA SEC. Hence, the
request of complainant for his possible transfer to another vessel was properly observed in
accordance with POEA SEC, specifically the provision on transfer clause, viz:
“SECTION 15. TRANSFER CLAUSE
The seafarer agrees to be transferred at any port to any ship owned or operated, manned or
managed by the same employer, provided it is accredited to the same manning agent and
provided further that the position of the seafarer and the rate of his wages and terms of
service are in no way inferior and the total period of employment shall not exceed that
originally agreed upon. Any form of transfer shall be documented and made available when
necessary.”
(Emphasis supplied)
From this score alone, it is crystal clear that transfer of vessel is legal and valid. Hence,
such transfer would not constitute as a ground for an illegal dismissal.
More so, in Rural Bank of Cantilan, Inc. v. Julve, “Finally, we note that despite respondents’
refusal to accept the new appointment, petitioners did not dismiss him. Rather, it was he who opted
to terminate his employment when he purposely failed to report for work.”
On the account of transferring employees, the following are the guidelines:
(a) a transfer is a movement from one position to another of equivalent rank, level or salary
without break in the service or a lateral movement from one position to another of
equivalent rank or salary;
(b) the employer has the inherent right to transfer or reassign an employee for legitimate
business purposes;
(c) a transfer becomes unlawful where it is motivated by discrimination or bad faith or is

effected as a form of punishment or is a demotion without sufficient cause;
(d) the employer must be able to show that the transfer is not unreasonable, inconvenient,
or prejudicial to the employee.
In the case at bar, the respondents able to show that the transfer is not unreasonable,
inconvenient or prejudicial to seafarer Jampas; nor does it involve a demotion in rank; nor a
diminution of his salaries, privileges and other benefits. Thus, his transfer was based on his own
request and same terms of contracts could have been provided. Complainant surprised the
respondents when he filed a case for illegal dismissal since the latter were expecting that he would
still sign on the vessel as per his personal request.
PRAYER
WHEREFORE, respondents respectfully pray to dismiss the instant complaint with

prejudice.
Herein respondents pray for such other relief as this Honorable Office may deem just and equitable
under the premises.
Pasig City for Quezon City, 29 July 2018.
LYNK BAYSA
Counsel for Respondents
Unit 111Antel Global Corporate Center
#3 Julia Vargas Avenue, Ortigas Center
111

Pasig City 1605
PTR No. 1512345/Pasig City/ 29 January 2018
IBP No. 1230707/ Rizal/ 05 January 2018
MCLE Compliance No. V-0002110, May 16, 2014
Telephone Number: (02) 68714234
Copy Furnished:
______________________________________
MARK LYRIO
Counsel for Complainant
7th Floor Security Bank Centre
Ayala Avenue Makati City

OF NON-FORUM SHOPPING
I, LYNK BAYSA, of legal age, single, Filipino with office address at Unit 111 Antel Global, Julia
Vargas Avenue, Ortigas Center Pasig City, do hereby depose and state that:
I am the Legal Counsel of Magbanua Maritime Services Inc., one of the respondents in the case
entitled JOSEPH MARWIN JAMPAS vs. MAGBANUA MARITIME SERVICES INC., AND/OR OMEGA
BULKERS SHIPMANAGEMENT et.al., docketed as NLRC LAC NO. – OFW-M-06-000380-17;
(1) I have caused the preparation and filing of the foregoing “Position Paper” on behalf of all the
respondents;
(2) I have read and understood the contents of the foregoing Position Paper and I attest that the
same are true and correct to the best of my own knowledge and based on the authentic records
available;
(3) I further certify that:
4.1. To the best of my personal knowledge there is no other pending action, appeal or proceeding in
any other court or tribunal involving the same case.
4.2. Should I learn of any similar case subsequently filed, I undertake to notify this Honorable
Office such fact within five (5) days from my knowledge thereof.
FURTHER AFFIANT SAYETH NAUGHT.

29 July 2018, Pasig City.
LYNK BAYSA
Affiant
SUBSCRIBED AND SWORN to before me, this ___ day of July 2018, affiant personally appeared and
exhibited to me his Passport ID No. EB1110000 with expiry date on 20 December 2020
NOTARY PUBLIC
Doc No.
Page No.
Book No.
Series of 2018
112

LABOR CASE – QUITCLAIM AND RELEASE
A Quitclaim or Compromise, in Labor Law, is a contract where the parties, by making reciprocal concessions,
avoid a litigation or put an end to one already commenced.
The law looks with disfavor upon quitclaims and releases by employees who are inveigled or pressured into
signing them by unscrupulous employers seeking to evade their legal responsibilities. On the other hand, there
are legitimate waivers that represent a voluntary settlement of a laborer’s claims that should be respected by
the courts as the law between the parties.
PERIQUET VS. NLRC,

The Court declared that: “Not all waivers and quitclaims are invalid as against public policy. If the agreement
was voluntarily entered into and represents a reasonable settlement, it is binding on the parties and may not
later be disowned simply because of a change of mind. It is only where there is clear proof that the waiver was
wangled from an unsuspecting or gullible person, or the terms of settlement are unconscionable on its face,
that the law will step in to annul the questionable transaction. But where it is shown that the person making the
waiver did so voluntarily, with full understanding of what he was doing, and the consideration for quitclaim is
credible and reasonable, the transaction must be recognized as a valid and binding undertaking.”
Quitclaims executed by employees may be given effect if employer is able to prove the following requisites:
(1) the employee executes the deed of quitclaim voluntarily;
(2) there is no fraud or deceit on the part of any of the parties;
(3) the consideration of the quitclaim is credible and reasonable; and
(4) the contract is not contrary to law, public order, public policy, morals or good customs, or prejudicial to a
third person with a right recognized by law. (Goodrich Manufacturing Corporation vs. Ativo)
RESIGNATION AND EXECUTION OF QUITCLAIM, EFFECT.

Once an employee resigns and executes a quitclaim in favor of the employer, he is thereby estopped from
filing any further money claims against the employer arising from his employment. Such money claims may be
given due course only when the voluntariness of the execution of the quitclaim or release is put in issue, or
when it is established that there is an unwritten agreement between the employer and the employee which
would entitle the employee to other remuneration or benefits upon his or her resignation. (Philippine National
Construction Corporation vs. NLRC)
NOTE: Receipt of separation pay and execution of quitclaim by employees illegally terminated do not bar them
from instituting an action for illegal dismissal. (Bogo-Medellin Sugarcane Planters Association, Inc. vs. NLRC)
RELEASE OF ALL RIGHTS
READ CAREFULLY – By signing this you give up EVERY right you have.
I, JOSEPH MARWIN JAMPAS, Filipino, of legal age, married, with residence at Golden
Homes Subdivision Camarin Caloocan City, Philippines, in exchange for One Hundred Three
Thousand Seventeen Pesos and Fifty Two Cents (PHP103, 017.52), Philippine currency, which I
have received, do hereby _______________ (Please write the word RELEASE to show that you know
what you are doing) and forever discharge:
1. MAGBANUA MARITIME SERVICES, INC.

2. OMEGA MARITIME SERVICES, INC.
3. CHESCA NAVIGATION CO.
and their heirs, executors, administrators, successors and assigns, and their several vessels and in
particular the vessel “MV OMEGA PROGRESS”, and the owners, agents, operators, charterers,
masters, officers and crews, the underwriters and P&I Club of said vessel, from each and every
right and claim which I now have, or may hereafter have, whether arising in tort, contract,
statutory law, or any another basis of recovery, on account of monetary claims in relations to the
113

employment of MR. JAMPAS from MV Omega Progress.
In addition to that, I _____________ (Please write the word RELEASE to show that you know what
you are doing) them from each and every right and claim which I now have or may hereafter have
because of any matter or thing which happened before the signing of this paper, it being our
intention by the signing of this paper to wipe the slate clean as between ourselves, our successors-
in-interest and the parties released, even with respect to injuries, illnesses, rights and claims not
mentioned herein and which are not known to me. I agree not to file any claims against the Owners
and its successors-in-interest based on tort or on any other ground, but also not to arrest the
subject vessel or any other vessel of said Owners, operators or charterers.
I agree and acknowledge that whatever amount we are entitled to by virtue of the provisions
of Republic Act No. 8042 as amended by Republic Act No. 10022 and its implementing rules and
regulations, formed part of the above-mentioned amount we have received in exchange for the
release of the above-mentioned parties.
I agree that this Release of All Rights shall in all respects be governed by the laws of the Philippines
including all matters of construction and validity. I further agree that any disputes arising from this
settlement agreement shall be referred to the competent court or authorities of the Philippines, to
the exclusion of any other forum.
I hereby warrant and affirm that all persons including (but not limited to) minor children
and dependents entitled to assert a claim by reason of the illness of STEPHEN V. VEÑAS have been
properly provided for under the terms of this release.
I agree that in case I violate the terms and conditions of this Release of All Rights, willfully or
otherwise, I may be held liable for breach of contract and for payment of damages.
I understand and concede that payment under this Release of All Rights by the Owners of “MV
OMEGA PROGRESS” and its successors-in-interest is not an admission of liability on their part.
Lastly, I certify that the contents of this Release have been translated to me in my national
language/local dialect, which is Filipino, and that I fully understand its terms and provision.
READ THE FOLLOWING STATEMENTS CAREFULLY:
(1) I know that this paper is much more than a receipt. IT IS A RELEASE. I AM GIVING UP
EVERY RIGHT I HAVE.
(2) I know that in signing this Release I am, among other things, now settling in full for all
rights which I now have arising from my employment with Friendly Maritime Services, Inc. /
Pantheon Tankers Management on board the vessel MT Sea Lion and those which I may have in the
future, whether it be based on contract, tort or other grounds, and even if said rights are not
expressly mentioned in this Release.
(3) I realize that the payment of the money mentioned above is not an admission that anyone
(including the Owners and its successors-in-interest) is liable to us for anything.
(4) I am signing this release because I am getting the money. I have not been promised
anything else.
(5) I am satisfied.
THE FOLLOWING IS TO BE FILLED IN BY THE CLAIMANT/S IN HIS OWN HANDWRITING:

A. Have you read this paper from beginning to end? _____________________
B. Do you know what this paper you are signing? _______________________
C. What is this paper you are signing? _______________________________
D. Do you make the five (5) numbered statements printed above and do you intend that the
parties whom you are releasing shall rely on the statements as the truth?
________________________________________________________
E. Do you know that signing this Release settles and ends EVERY right or claim you may have,
whether it be based on contract, tort or on other grounds? ________________________________
114

Therefore, I am signing my name upon the word THIS IS A RELEASE and alongside the seal,
which is printed below and which is adopted by me as my own, to show that I mean everything that
is said on this paper.
Dated ___ day of August 2018.
SIGN HERE >>> THIS IS A RELEASE Seal

(Print Name and signature of claimant)
Assisted By:
_____________________
Counsel of Joseph Marwin Jampas
Witnessed By:
______________________________ __________________________
APPROVED BY:
HON. LA PAZ EUGENIA NERI-DYSANGCO

LABOR ARBITER
Republic of the Philippines) S.S.

__________________ CITY)
ACKNOWLEDGMENT
In __________ City, ___ Philippines, this _____ day of August 2018, before me, a Notary
Public, in and for the said city, personally appeared Joseph Marwin Jampas with Seaman’s Book
No. C0880233 issued at Manila on 27 July 2016 and valid until 25 July 2026, known to me and to
me known to be the same person who executed the foregoing Release of All Rights, and he
acknowledged to me that he executed the same as his free and voluntary act and deed, after having
the same fully explained to him and realizing the effects thereof to be a full and final discharge and
release of all the parties referred to therein, of all matters and things dealt with in said instrument;
that the same executed and signed by him without any persuasion, promise, threat, force, duress,
fraud, or representation of any kind by any person whomsoever and that he understood the full
contents thereof as well as the effects thereof.
WITNESS MY HAND AND NOTARIAL SEAL this ____ day of August 2018, ___ _ _ _ City,
Philippines.
NOTARY PUBLIC
Doc. No. ____
Page No. ____
Book No. ____
Series of 2018.

QUEZON CITY)
AFFIDAVIT OF READER/INTERPRETER BEFORE NOTARY PUBLIC
115

I, _________________, of legal age, Filipino Citizen, with address at ________________________,
Philippines, after having been duly sworn do hereby depose and say:
1. That Release of All Rights consisting of four (4) pages was executed in my presence by
claimant JOSEPH MARWIN JAMPAS;
2. I correctly and accurately read and explained the document in English and ensure that MR.
JAMPAS understood its contents;
3. Mr. Jampas acknowledged that he fully understood its contents in English language, as well
as the translated version in Filipino language, and fully understood that said document is a release
of all his claims against the released parties;
5. Mr. Jampas executed said document as his free act and deed and for the sole consideration
therein expressed.
________________________
Affiant
SUBSCRIBED AND SWORN TO before me this ____ day of August 2018, by affiant who exhibited to
me his _________________________________ issued on _______________ valid until ________________.
NOTARY PUBLIC
Doc. No. ______

Page No. ______
Book No. ______
Series of 2018.
116

URGENT MOTION FOR RESOLUTION
Rule 15 of the Rules of Court discusses Motions and outlines the definition, applicability, form and contents of
a Motion.
A motion is an application for relief other than by a pleading. Under Section 2 of the Rule, all motions shall be
in writing except those made in open court or in the course of a hearing or trial.
A motion shall state the relief sought to be obtained and the grounds upon which it is based, and if required by
these Rules or necessary to prove facts alleged therein, shall be accompanied by supporting affidavits and
other papers. Furthermore, every written motion shall be set for hearing by the applicant except for motions
which the court may act upon without prejudicing the rights of the adverse party.
Every written motion required to be heard and the notice of the hearing thereof shall be served in such a
manner as to ensure its receipt by the other party at least three (3) days before the date of hearing, unless the
court for good cause sets the hearing on shorter notice.
The Rules applicable to pleadings shall apply to written motions so far as concerns caption, designation,
signature, and other matters of form.

Department of Justice
PROVINCIAL PROSECUTION OFFICE
MARINDUQUE
STARBIKE CORPORATION represented

herein by JOSE KONG,
Complainant,
-versus- NPS DOCKET NO. IV-05-INV-13E-111

For: QUALIFIED THEFT
MARCO O. VILLARUEL,
Respondent.
x - - - - - - - - - - - - - - - - - - ------- - - - - - -x
URGENT MOTION FOR EARLY RESOLUTION
Complainant, by counsel, to the Honorable Prosecutor, respectfully states that:
1. The above-entitled case is a criminal action for QUALIFIED THEFT under the
Revised Penal Code, which was filed on May 22, 2013;
2. Almost two years had lapsed but no action or resolution has been done; and
3. Thus, the undersigned is requesting for the early resolution of the above entitled
case so as not to frustrate the ends of justice.
WHEREFORE, based on the premises presented, it is most respectfully prayed of this

Honorable Office that a Resolution be rendered in this case based on the evidence presented.
Other just and equitable reliefs are likewise prayed for.
Respectfully submitted this 13th day of May 2015 in Parañaque City for Marinduque.
117

LMG Law Office
Room 2, Second Floor, TRDC Building
Dr. A. Santos Avenue, Brgy. San Isidro
Parañaque City, Metro Manila, Philippines
Tel. no. 893-4607
By:
ATTY. LIFRENDO M. GONZALES

Roll No. 56526
IBP No. 0993947/ 30 January 2015
PTR# 0229469, Parañaque City, 2-2-2015
MCLE Compliance No. IV- 0017107, 16 April 2013
NOTICE OF HEARING
Honorable City Prosecutor

Office of the City Prosecutor
Greetings:
Please take notice that the undersigned will submit the foregoing motion for the Honorable
Office’s consideration immediately upon receipt hereof without further oral arguments and without
presence of counsels/parties. Thank you.
Atty. Lifrendo M. Gonzales
EXPLANATION
Copies of the foregoing Motion were filed and served through registered mail due to
the distance of the offices involved and the lack of messengerial personnel.
Atty. Lifrendo M. Gonzales
Copy furnished:
MARCO O. VILLARUEL
Barangay Antipolo, Gasan
Marinduque
118

MOTION FOR ISSUANCE OF HOLD DEPARTURE ORDER
Article 3, Section 6 of the 1987 Constitution. The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be
impaired except in the interest of national security, public safety, or public health, as may be provided by law.
o A Hold Departure Order is an order of the court that can impair a person’s right to travel.
Circular No. 39-97 provides the guidelines for the issuance of a Hold Departure Order which states that:
1. Hold-Departure Orders shall be issued only in criminal cases within the exclusive jurisdiction of the
Regional Trial Courts;
2. The Regional Trial Courts issuing the Hold-Departure Order shall furnish the Department of Foreign
Affairs [DFA] and the Bureau of Immigration [BI] of the Department of Justice with a copy each of the
Hold-Departure Order issued within twenty-four (24) hours from the time of issuance and through the
fastest available means of transmittal;
3. The Hold-Departure Order shall contain the following information:
a. The complete name (including the middle name), the date and place of birth and the place of
last residence of the person against whom a Hold-Departure Order has been issued or whose
departure from the country has been enjoined;
b. The complete title and the docket number of the case in which the Hold-Departure Order was
issued;
c. The specific nature of the case; and
d. The date of the Hold-Departure Order.
If available, a recent photograph of the person against whom a Hold-Departure Order has been issued
or whose departure from the country has been enjoined should also be included.
4. Whenever [a] the accused has been acquitted; or [b] the case has been dismissed, the judgment of
acquittal or the order of dismissal shall include therein the cancellation of the Hold-Departure Order
issued. The Court concerned shall furnish the Department of Foreign Affairs and the Bureau of
Immigration with a copy each of the judgment of acquittal promulgated or the order of dismissal
issued within twenty-four [24] hours from the time of promulgation/issuance and likewise through the
fastest available means of transmittal.

____ JUDICIAL REGION
BRANCH __, ____ CITY
PEOPLE OF THE PHILIPPINES,

Plaintiff,
- versus -
CRIMINAL CASE No.__
For: Frustrated Murder
Juan Dela Cruz,

Accused.
x -------------------------------x
MOTION
FOR ISSUANCE OF HOLD DEPARTURE ORDER
COMES NOW, the plaintiff, by undersigned private counsel with the conformity of the public
119

prosecutor and unto this Honorable Court, respectfully moves for issuance of a Hold Departure
Order (HDO) against the accused, and alleges that:
1) The accused has applied for employment abroad in an employment agency in Cubao, Quezon
City, and such application is now currently under process. Copies of accused’s application form
and his resume submitted to said agency are hereto attached as Annexes “A” and “B” respectively;
2) The accused has used, and is currently using, the name Juan Dela Cruz in his application where
in fact his real name is Juan Enrile;
3) In adopting an alias, the accused’s act of applying for an employment abroad is definitely
regarded as being done in bad faith considering that a criminal case against him is pending before
this Honorable Court;
4) The application is done for the purpose of absconding and thereby evading prosecution for his
offense;
5) A Watch List Order (WLO) against the accused has already been issued by the Department of
Justice (DOJ) upon application of the plaintiff. Copy thereof is hereto attached as Annex “C”;
6) Preventing the accused from leaving the country is proper considering that the crime charged
against him is a serious offense;
7) All precautions should be observed to ensure proper dispensation of justice.
WHEREFORE, premises considered, it is respectfully prayed that a Hold departure Order be

immediately issued against the accused.
Quezon City, Philippines, 31 July 2018.
Atty. ____________________
Private Counsel for Plaintiff
PTR No. _________; (date); Q.C.

IBP Lifetime No. _______; (date)
Roll of Attorneys No. _________
Address: __________________
Mobile No. _________________
Email: ____________________
CONFORME:
___ (Name) _____

Public Prosecutor
120

PRE-TRIAL BRIEF
Under Sec. 6, Rule 18, Rules of Court, a Pre-Trial Brief must include all of the following:
1. Statement of Willingness to Enter into  Amicable Settlement or Alternative Modes of  Dispute Resolution
and the Desired Terms
2. Summary of Admitted Facts and Proposed Stipulation of Facts
3. Issues to be Tried or Resolved
4. Documents or Exhibits to be Presented and their Purpose
5. Manifestation of their having availed or their  intention to avail themselves of discovery procedures or
referral to commissioners
6. Number and names of the witnesses, and the substance of their respective testimonies
7. Available trial dates  
The filing and service of the pre-trial brief on the adverse party must be done in such manner as shall ensure
the receipt of the same at least three (3) days before the date of the pre-trial
Failure to file the pre-trial brief is tantamount to failure to appear at the pre-trial.
Pre-trial is now mandatory in criminal cases based on Rule 118, the 2000 Rules on Criminal Procedure and
Republic Act No. 8493 (The Speedy Trial Act), although neither the law nor the Rules require the submission
of a Pre-Trial Brief in criminal cases (in practice, courts also do not require the submission of a pre-trial brief in
criminal cases). Consequently, the requirement of a pre-trial brief and the consequences for failure to submit
one (e.g., non-suit or dismissal) appear to pertain exclusively to civil cases.
There is no need to attach a Notice of Hearing for a Pre-Trial Brief.

National Capital Judicial Region
Branch 90, Quezon City
LAKISA LAYAW,
Plaintiff,
- versus - Civil Case No. 97-31312
LAKISA HIRAP,
Defendant.
x ------------------------------------- x
PRE-TRIAL BRIEF
DEFENDANT, by counsel, respectfully submits her Pre-Trial Brief, as follows:
[1] I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE TERMS OF ANY
SUCH SETTLEMENT
1.1. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of
openness from plaintiff, defendant is open to the possibility of amicably settling this dispute.
1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, defendant respectfully submits that
the desired terms of any amicable settlement would involve, first, a clarification of the actual
extent of any obligation due and owing to plaintiff inasmuch as there is nothing to indicate
defendant’s obligations to plaintiff and, second, a schedule of payments.
II. BRIEF STATEMENT OF CLAIMS AND DEFENSES
121

2.1. Plaintiff seeks principally to recover the amount of Twenty Two Million Eight Hundred Eighteen
Thousand Nine Hundred Forty Eight Pesos and Thirty Centavos (PHP22,818,948.30) with interest
at twelve percent (12%) arising allegedly from unpaid orders delivered to defendant variously in
1989.
2.2. Defendant resists plaintiff’s claims based on a failure to state a cause of action because of :
2.2.1. Plaintiff’s lack of personality to sue and, therefore, not being the real party in interest under
Rule 3, section 2 of the 1997 Rules of Civil Procedure;
2.2.2. Extinguishment of the alleged claim made by the entity Regency Furniture.
2.3. Defendant also interposed a compulsory counterclaim for Two Million Pesos (PHP2,000,000.00)
for moral damages and Two Million Pesos (PHP2,000,000.00) for exemplary damages and One
Hundred Thousand Pesos (PHP100,000.00) as attorney’s fees.
[2] III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES
3.1. Defendant admits only those facts stated in her Answer, i.e., her personal circumstances,
receipt of the
demand letter dated January 5, 1997 and her reply to the demand letter.
3.2. Subject to a concrete proposal for stipulation of additional facts from plaintiff during pre-trial
or even thereafter, defendant admits no other facts stated in the Complaint.
[3] IV. ISSUES TO BE TRIED
4.1. Defendant submits that the following issues put forward by plaintiff are subject to proof:
4.1.1. Plaintiff’s personality to seek legal relief; 4.1.2. Plaintiff’s entitlement to the amount claimed;
4.2. Defendant submits that the following issues she put forward are subject to proof:
4.2.1. Plaintiff’s bad faith in filing this suit;
4.2.2. Defendant’s entitlement to the claims made in her Compulsory Counterclaim as a result of
plaintiff’s bad faith;
V. EVIDENCE
[6] 5.1. Defendant intends to present the following witnesses:
5.1.1. Defendant herself, who will testify on the true circumstances leading to the filing of this suit
against her;
5.1.2. An employee of Topless Enterprises with personal knowledge as to the true circumstances
behind the alleged obligations due and owing in favor of plaintiff.
[4] 5.2. Defendant reserves the right to present any and all documentary evidence which shall
become relevant to rebut plaintiff’s claims in the course of trial as well as any other witnesses
whose testimony will become relevant to belie plaintiff’s witnesses, if necessary.
VI. RESORT TO DISCOVERY
[5] 6.1. Considering the relatively simple issues presented, defendant does not intend to avail of
122

discovery at this time.
6.2. Subject, however, to a concrete and reasonable request for discovery from plaintiff, defendant
reserves the right to resort to discovery before trial.
RESPECTFULLY SUBMITTED. Quezon City; 13 April 2007.
(Sgd.) MITCH MCDEERE

Counsel for Defendant
[Address]
Copy furnished:
Atty. MA BOLA Counsel for Plaintiff
123

DEMAND LETTER (BP 22)
Section 1. Checks without sufficient funds. - Any person who makes or draws and issues any check to apply
on account or for value, knowing at the time of issue that he does not have sufficient funds in or credit with the
drawee bank for the payment of such check in full upon its presentment, which check is subsequently
dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same
reason had not the drawer, without any valid reason, ordered the bank to stop payment, shall be punished by
imprisonment of not less than thirty days but not more than one (1) year or by a fine of not less than but not
more than double the amount of the check which fine shall in no case exceed Two Hundred Thousand Pesos,
or both such fine and imprisonment at the discretion of the court.
The same penalty shall be imposed upon any person who, having sufficient funds in or credit with the drawee
bank when he makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to
cover the full amount of the check if presented within a period of ninety (90) days from the date appearing
thereon, for which reason it is dishonored by the drawee bank.
Where the check is drawn by a corporation, company or entity, the person or persons who actually signed the
check in behalf of such drawer shall be liable under this Act.
Section 2. Evidence of knowledge of insufficient funds. - The making, drawing and issuance of a check
payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when
presented within ninety (90) days from the date of the check, shall be prima facie evidence of knowledge of
such insufficiency of funds or credit unless such maker or drawer pays the holder thereof the amount due
thereon, or makes arrangements for payment in full by the drawee of such check within (5) banking days after
receiving notice that such check has not been paid by the drawee.
Section 3. Duty of drawee; rules of evidence. - It shall be the duty of the drawee of any check, when refusing
to pay the same to the holder thereof upon presentment, to cause to be written, printed, or stamped in plain
language thereon, or attached thereto, the reason for drawee's dishonor or refusal to pay the same: Provided,
That where there are no sufficient funds in or credit with such drawee bank, such fact shall always be explicitly
stated in the notice of dishonor or refusal. In all prosecutions under this Act, the introduction in evidence of any
unpaid and dishonored check, having the drawee's refusal to pay stamped or written thereon or attached
thereto, with the reason therefor as aforesaid, shall be prima facie evidence of the making or issuance of said
check, and the due presentment to the drawee for payment and the dishonor thereof, and that the same was
properly dishonored for the reason written, stamped or attached by the drawee on such dishonored check.
Notwithstanding receipt of an order to stop payment, the drawee shall state in the notice that there were no
sufficient funds in or credit with such bank for the payment in full of such check, if such be the fact.
_Address of Sender/Creditor____
________________________________
________________________________
_____________________
(Date)
RE: NOTICE OF DISHONOR OF CHECK
Mr/Ms/Mrs. ____________
______________
______________
Dear Sir/Madam:
I regret to advise you that __________________________ Check No. _______________ dated

______________ for the sum of P_____________ issued by you in payment of _________________________
has been dishonored by the drawee bank for the reason: drawn against insufficiency of fund/
account closed.
124

Pursuant to the provision of Batas Pambansa No. 22 in conjunction with Republic Act 4885, I
would ask you to make necessary arrangement for the payment in full by the drawee bank of your
check within five (5) banking days after receipt of this notice. Needless to state, in this connection,
your failure to do so is a prima facie evidence of deceit constituting false pretense or fraudulent act
punishable under the law.
Please be guided accordingly.
Very truly yours,
____________________
125

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LEGAL FORMS NOTES

Arellano University School of Law

REPUBLIC OF THE PHILIPPINES )

John Lloyd Cruz

Signed in the presence of:

Republic of the Philippines)

NAME COMPETENT EVIDENCE DATE AND PLACE ISSUED

That I/We ____________________________, of legal age, Filipino citizen, (married/single) and

2. To sign any deed or document in acknowledgment of the receipt thereof;

IN WITNESS WHEREOF, I/We have hereunto affixed my signature this ___________________,

Signed in the presence of:

Republic of the Philippines)

NAME COMPETENT EVIDENCE DATE AND PLACE ISSUED

The two-fold functions of an acknowledgment are:

REPUBLIC OF THE PHILIPPINES

– versus - CIVIL CASE NO. ____________

I, ____________________________, _______ years old, born on __________, (single/married)

AND UNDER OATH, AVERS THE FOLLOWING:

2. Q. Are you the same ___________, the petitioner, in this case?

3. Q. Do you know a certain (spouse name)?

4. Q. How did you meet respondent, (spouse name)?

5. Q. Are you still cohabiting with (spouse name)?

6. Q. Do you have of proof your marriage with (spouse name)?

7. Q. Did you have children with (spouse name)??

8. Q. What is the reason for your separation?

9. Q: Have you asked consulted a clinical psychologist?

SUBSCRIBED AND SWORN to before me this ____ day of ___________, 2018 at

I, ________________________, counsel of __________________, ____(Location)_____________, on

SUBSCRIBED AND SWORN to before me this ____ day of ___________, 2018 at

Republic of the Philippines

IN RE: PETITION FOR CANCELLATION OF

JUAN D. SANTOS Case No. ______

CIVIL REGISTRAR, CITY OF TAGAYTAY

1. Petitioner JUAN D. SANTOS is of legal age, Filipino and a resident of 8 Maguinhawa

7. However, without knowledge of the parents of the petitioner, the aforementioned

Section 2. Entries subject to cancellation or correction. – Upon good and

“Labay-Rowe vs. Republic categorically holds that “changes which may

WHEREFORE, premises considered, it is most respectfully prayed to this

July 2, 2018, Quezon City for Tagaytay City

BBMR Law Offices

Republic of the Philippines)

1. I am the Petitioner in the instant Petition.

2. I have caused the preparation of the foregoing.

REPUBLIC OF THE PHILIPPINES

Petitioner, Civil case No. 143220

ATTY. EMILIO T. SYQUIA

• Incompetent persons to serve as executor or administrator

• Venue (Sec. 1, Rule 73, Rules of Court)

REPUBLIC OF THE PHILIPPINES

PETITION FOR ISSUANCE OF LETTERS OF ADMINISTRATION

KNOW ALL MEN BY THESE PRESENTS:

LEA Q. REYES 47 Palm Drive, Pasay City

Doc. No. 45;

EXTRAJUDICIAL SETTLEMENT OF ESTATE

KNOW ALL MEN BY THESE PRESENTS:

The Heirs of __________________________

SIGNED IN THE PRESENCE OF:

Doc. No. _______;

UNDER WHAT RULE DO WE FILE THIS PLEADING?

(Caption and Title)

Petitioner, thru counsel, respectfully avers that:

WHEREFORE, it is respectfully prayed that upon proper notice and hearing:

(Venue, date, signature)

I, ________________________, _ years old, born on ________, (single/married)

SUBSCRIBED AND SWORN to before me this day of _______, 2018 at

I, __________, counsel of , (Location)_, on

SUBSCRIBED AND SWORN to before me this day of _______, 2018 at