Legal Forms I

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CBO OVER-ALL CHAIRPERSON: Evangeline Co  ASSISTANT CHAIRPERSON: CHAIRPERSON: Rose Lyn Rabanera  ACADEMICS COMMITTEE COMMITTEE - HEADS: HEADS: Reigel Prado, Omar Gabrieles SECRETARIAT – HEAD: Romino Arzadon FINANCE COMMITTEE – HEAD : Kyan Sioco LOGISTICS COMMITTEE - HEAD: Janis Ruckenbrod LEGAL FORMS COMMITTEE SUBJECT HEAD: Judith Cruz CO-HEAD: Jamil Estorninos, Vangie Co

SUBJECT ADVISER:

 Atty. Fredrick Fern Belandres Belandres

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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NOTA BENE: 

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In the bar exam, DO NOT  USE  USE A SPECIFIC NAME as a party or signatory to the document / instrument. This will be considered as marking. Use only generic names like “Mr. X”, “Mr. Y”, Y”, “Juan dela Cruz” Cruz” or “Pedro Santos” In writing any legal form, you must complete it by signing above the fictitious names of the executing party and on the left margin when required. Always indicate the complete personal circumstances of the parties when required (i.e. Name, legal age, postal address, civil status, nationality and designation in the document) Those that are in BOLD indicate essential or key words or phrases that characterize the document or instrument. instrument. DO NOT BE IN A HURRY TO SUBMIT YOUR PAPER. THIS IS THE LAST EXAM . THERE IS NO NEED TO RUSH YOURSELF, AFTER ALL, YOU’VE GONE THIS FAR. REVIEW YOUR ANSWERS ANSWERS WHILE YOU WAIT FOR THE LAST MINUTE THEN SUBMIT YOUR PAPER. GOD BLESS AND GODSPEED! T A B L E

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I. NON-LITIGATION FORMS A.

BASIC FORMS

 ACKNOWLEDGMENT ....................... ................................... ..................... ..................... ........................ ....................... .................... .................... ....................... ................4 ....4  ACKNOWLEDGMENT OF INSTRUMENT CONSISTING OF TWO OR MORE PAGES...........5 JURAT ........................ ................................... ...................... ....................... ....................... ....................... ........................ .................... .................... ........................ ....................... ................5 .....5  AFFIDAVIT OF LOSS ....................... .................................. ...................... ...................... ....................... ........................ .................... .................... ........................ .................6 .....6 B.

CONTRACT OR AGREEMENTS

DEED OF SALE S ALE OF REAL PROPERTY ...................... ................................. ....................... ........................ ....................... .................... .................... ............. 7 DEED OF SALE OF PERSONAL PROPERTY ....................... .................................. ....................... ........................ ....................... .....................8 ..........8 CONTRACT OF LEASE OF REAL PROPERTY..................... PROPERTY................................ ....................... ........................ ........................ .....................9 .........9 CONTRACT OF LEASE OF PERSONAL PROPERTY.......................... PROPERTY...................................... ....................... ....................... ................10 ....10 REAL ESTATE MORTGAGE ....................... ................................. ...................... ........................ ....................... ....................... .................... .................... .................11 .....11 CHATTEL MORTGAGE.......................... MORTGAGE................................... ..................... ........................ ........................ ....................... .................... .................... ..................... .......... 12 .................................. ........................ .................... .................... ....................... ....................... ........................ ............ 13  AFFIDAVIT OF GOOD FAITH ...................... GENERAL POWER OF ATTORNEY ....................... ................................. ...................... ........................ ....................... .................... .................... .............. ... 14 SPECIAL POWER OF ATTORNEY ....................... ................................ ..................... ........................ ........................ ..................... .................... ................. ...... 15 REVOCATION OF POWER OF ATTORNEY....................... ATTORNEY.................................. ....................... ........................ ........................ .................... .......... 16 C.

DONATIONS AND WILL

DEED OF DONATION INTER VIVOS ....................... .................................. ....................... ........................ ....................... .................... ................... .......... 17 DONATION MORTIS CAUSA ....................... ................................. ...................... ....................... ....................... ........................ .................... .................... .............. .. 18 .................................... ....................... .................... .................... ....................... ........................ ....................... ................... ........ 19  ATTESTATION  ATTESTATION CLAUSE ........................ JOINT ACKNOWLEDGMENT ...................... ................................ ...................... ....................... ....................... ........................ .................... .................... .............. .. 19 HOLOGRAPHIC WILL ........................ ................................... ...................... ....................... ........................ ........................ .................... .................... ...................... .......... 20 LAST WILL AND TESTAMENT................ TESTAMENT............................ ........................ ....................... ....................... ........................ .................... .................... ................ .... 21

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 2 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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PARTNERSHIPS AND CORPORATIONS

 ARTICLES OF GENERAL PARTNERSHIP........................... PARTNERSHIP....................................... ....................... ....................... ..................... ...................22 ..........22  ARTICLES OF LIMITED PARTNERSHIP .................. ............................ ...................... ....................... ....................... .................... ...................24 ...........24  ARTICLES OF INCORPORATION (STOCK CORP.) ..................... ................................. ........................ ....................... .................... ..........26 .26 TREASURER’S CERTIFICATE ....................................................................................................28  ARTICLES OF INCORPORATION (NON-STOCK CORPORATION)............ CORPORATION)....................... ....................... .................29 .....29 CERTIFICATION OF BOARD RESOLUTION BY CORPORATE SECRETARY........................ SECRETARY........................ 31

II. LITIGATION FORMS A.

BASIC FORMS

CAPTIONS & TITLE ........................ ................................... ....................... ....................... ....................... ........................ .................... .................... ........................ ...............32 ...32  VERIFICATION ................... ............................... ..................... ..................... ........................ ....................... ....................... .................... .................... ........................ .................34 .....34 CERTIFICATION AGAINST FORUM-SHOPPING / CERTIFICATION OF NON-FORUM SHOPPING ........................ .................................... .................... .................... ........................ ........................ ....................... .................... ..................... ....................... ....................35 .........35 EXPLANATION ....................... ................................... ..................... ..................... ....................... ....................... ........................ ........................ ........................ .....................36 .........36  AFFIDAVIT OF MAILING / SERVICE ..................... ................................ ....................... ........................ ........................ .................... ....................37 ............37  AFFIDAVIT FOR PRELIMINARY ATTACHMENT ..................... ................................. ........................ ....................... ..................... ............38 ..38  AFFIDAVIT IN SUPPORT OF PETITION FOR INJUNCTION ....................... ................................... ........................ ..............39 ..39  AFFIDAVIT FOR REPLEVIN........... REPLEVIN ....................... ..................... ..................... ........................ ....................... ....................... .................... .................... ............... ... 40 B.

CIVIL ACTION FORMS

ENTRY OF APPEARANCE ....................... ................................ ..................... ........................ ....................... ....................... ..................... .................... ................... ........ 41 COMPLAINT BASED ON AN ACTIONABLE DOCUMENT (One Cause of Action).................42 COMPLAINT (Several Causes of Action)........................... Action)....................................... ........................ ........................ .................... .................... ..............43 ..43  ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES AND COUNTERCLAIM..........45  ANSWER WITH SPECIFIC DENIAL OF DOCUMENT UNDER OATH ...................... .................................. .............. 47 MOTION FOR F OR POSTPONEMENT OF HEARING ..................... ................................. ........................ ....................... ....................... ..............48 ..48 NOTICE OF HEARING......................... HEARING................................... ..................... ....................... ........................ ........................ .................... .................... .......................49 ...........49 MOTION TO LIFT ORDER OF DEFAULT.................... DEFAULT................................ ........................ ....................... ....................... .................... ...............50 .......50 MOTION TO DISMISS ....................... .................................. ..................... ...................... ........................ ........................ .................... .................... ....................... ............. .. 51 MOTION TO WITHDRAW WITH SUBSTITUTION OF COUNSEL ...................... .................................. ...................52 .......52 MOTION TO INTERVENE............... INTERVENE........................... ..................... ..................... ........................ ....................... ....................... ...................... ...................... ..............53 ..53 MOTION FOR NEW TRIAL ....................... ................................ ..................... ........................ ....................... ....................... .................... .................... ..................54 ......54 .................................... ....................... .................... .................... ....................... ........................ ....................... ...................55 ........55  AFFIDAVIT OF MERITS ........................ MOTION FOR EXECUTION OF JUDGMENT JUDGM ENT ...................... .................................. ........................ ........................ ....................... .................56 ......56 NOTICE OF APPEAL ...................... .................................. ...................... ..................... ....................... ........................ .................... .................... ........................ ................. .....57 57 INTERPLEADER ....................... ................................... ..................... ..................... ....................... ....................... ....................... ...................... ....................... .....................58 .........58 C.

SPECIAL PROCEEDINGS FORMS

PETITION FOR GUARDIANSHIP / APPOINTMENT OF GUARDIAN .............................. ...................................59 .....59 PETITION FOR LETTERS OF ADMINISTRATORSHIP A DMINISTRATORSHIP ....................... .................................. ....................... ........................ ............61 61 PETITION FOR HABEAS CORPUS.............................. CORPUS......................................... ....................... ........................ ....................... ...................... .................63 ......63 D.

CRIMINAL ACTION FORMS

CRIMINAL COMPLAINT (for Acts of Lasciviousness) ....................... ................................... ........................ ..................... ...............64 ......64 CRIMINAL INFORMATION (for Acts of Lasciviousness) with CERTIFICATE OF P RELIM INVESTIGATION......................... INVESTIGATION............. ........................ ..................... ..................... ....................... ....................... .................... .................... ........................ .....................65 .........65 CERTIFICATION ..........................................................................................................................66 PETITION FOR BAIL ........................ .................................. ..................... ...................... ....................... ........................ .................... .................... ........................ ...............67 ...67 MOTION TO QUASH ....................... ................................... ..................... ..................... ........................ ........................ .................... .................... ....................... ...............69 ....69 DEMURRER TO EVIDENCE ...................... ................................ ...................... ....................... ....................... ........................ .................... .................... ................70 ....70

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 3 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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NOTA BENE: 

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In the bar exam, DO NOT  USE  USE A SPECIFIC NAME as a party or signatory to the document / instrument. This will be considered as marking. Use only generic names like “Mr. X”, “Mr. Y”, Y”, “Juan dela Cruz” Cruz” or “Pedro Santos” In writing any legal form, you must complete it by signing above the fictitious names of the executing party and on the left margin when required. Always indicate the complete personal circumstances of the parties when required (i.e. Name, legal age, postal address, civil status, nationality and designation in the document) Those that are in BOLD indicate essential or key words or phrases that characterize the document or instrument. instrument. DO NOT BE IN A HURRY TO SUBMIT YOUR PAPER. THIS IS THE LAST EXAM . THERE IS NO NEED TO RUSH YOURSELF, AFTER ALL, YOU’VE GONE THIS FAR. REVIEW YOUR ANSWERS WHILE YOU WAIT FOR THE LAST MINUTE THEN SUBMIT YOUR PAPER. GOD BLESS AND GODSPEED! NON – LITIGATION FORMS

 A. BASIC FORMS

ACKNOWLEDGMENT1 ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) 2 PROVINCE OF BATANGAS ) SS MUNICIPALITY OF TAAL ) th

BEFORE ME, this 16  day of February, 2007 in the Municipality of Taal, Province of Batangas, Philippines, personally appeared PEDRO SANTOS, with Residence Certificate No. 123456 issued at Taal, Batangas, on February 1, 2007, and Taxpayer’s Identification No. 456789 known to me and to me known to be the same person who executed the foregoing instrument and he acknowledged to me that the same is his free act and a nd deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, on the day, year, and place above written.

ATTY. JUAN DELA CRUZ S. N. 07-11111

NOTARY PUBLIC Until Dec. 31, 2007 Roll No. 0001 P.T.R. No. 0002, 12/31/2007, Manila. IBP No. 0003, 12/31/2007, Manila. Doc. No. 5; Page No. 6; Book No. IV; Series of 2007. 1

Acknowledgement is the act of an individual who has executed a deed, in going before some competent officer or court and declaring the same to be his act or deed. Usually used in contracts and deeds. 2  SS is the abbreviation of scilicet which means “to wit; namely”. It is used to particularize a general statement. It may therefore be read as: “In the Republic of the Philippines; but more particularly in the City of Manila.” The omission of “SS” in a legal document is NOT material so as to invalidate it.

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 4 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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 ACKNOWLEDGMENT OF INSTRUMENT INSTRUMENT CONSISTING OF TWO OR MORE PAGES PAGES

ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) PROVINCE OF BATANGAS ) SS MUNICIPALITY OF TAAL ) th

BEFORE ME, this 16  day of February, 2007 in the Municipality of Taal, Province of Batangas, Philippines, personally appeared PEDRO SANTOS, with Residence Certificate No. 123456 issued at Taal, Batangas, on February 1, 2007, and Taxpayer’s Identification No. 456789 known to me and to me known to be the same person who executed the foregoing instrument and he acknowledged to me that the same is his free act and a nd deed. This instrument, consisting of 5 pages, including the page on which this acknowledgment is written, has been signed on the left margin of each and every page thereof by PEDRO SANTOS and his witnesses, and sealed with my notarial seal. IN WITNESS WHEREOF, I have ha ve hereunto set my hand, the day, year, and place above written.

ATTY. JUAN DELA CRUZ S. N. 07-11111

NOTARY PUBLIC Until Dec. 31, 2007 Roll No. 0001 P.T.R. No. 0002, 12/31/2007, Manila. IBP No. 0003, 12/31/2007, Manila. Doc. No. 5; Page No. 6; Book No. IV; Series of 2007. 3

JURAT

JURAT th

SUBSCRIBED AND SWORN to before me, this 15   day of March, 2007 in the City of Manila, affiant exhibiting before me his Community Tax Certificate No. 123456, issued at Manila on March 1, 2007

ATTY. JUAN DELA CRUZ S. N. 07-11111

NOTARY PUBLIC Until Dec. 31, 2007 Roll No. 0001 P.T.R. No. 0002, 12/31/2007, Manila. IBP No. 0003, 12/31/2007, Manila. Doc. No. 5; Page No. 6; Book No. IV; Series of 2007. 3

Jurat is the part of an affidavit where the officer certifies that eh same was “sworn” before him. Usually used in affidavits.

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 5 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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 AFFIDAVIT OF LOSS LOSS

AFFIDAVIT OF LOSS REPUBLIC OF THE PHILIPPINES) CITY OF MAKATI ) SS

I, JUAN DELA CRUZ, of legal age, single, and a resident of Espana, Manila, after having been sworn to in accordance with law hereby depose and say: 1.

That I am the owner of a NOKIA N90 CELLULAR PHONE with serial number IMEI 789887-7898-74 and unit number 0922-3179003 under account number 9807865643; th That on the 28  of January, 2007 with a number of things I was carrying while getting out of my car, said cell phone must have slipped from my pocket because after I reached my office, I hurriedly tried to get my said cell phone from my pocket but I was surprised that it was not there anymore; That after diligent search inside my car and office as well as the elevator I used going up to my office, said cell phone was nowhere to be found anymore; That I am executing this affidavit in order to attest to the truth of the foregoing circumstances and for the purpose of reporting the loss los s to the Globe Business Center.

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IN WITNESS WHEREOF, I have hereunto set my hand this 29  day of January, 2006 in the City of Manila, Philippines.

JUAN DELA CRUZ Affiant

JURAT

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 6 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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DEED OF SALE OF REAL PROPERTY

DEED OF SALE OF REAL PROPERTY KNOW ALL MEN BY THESE PRESENTS: I, JUANA DELA CRUZ, of legal age, married to JUAN DELA CRUZ, Filipino Citizen and a resident of 25 – I West W est Drive, Marikina, hereinafter known as the VENDOR; VENDOR ; and JOSE SANTOS, of legal age, single, Filipino Citizen and a resident of Unit 23-A, Starlight Condominium, Ortigas Center, Pasig City, hereinafter known k nown as the VENDEE; WITNESSETH: 1. That the VENDOR is the absolute owner of a residential lot in Sucat, Paranaque with an area of 120 square meters covered by Transfer Certificate of Title No. 123456, Registry of Deeds of Paranaque; 2. That for and in consideration of the sum of NINE THOUSAND FIVE HUNDRED PESOS (P9,500.00) per square meter or a total of ONE MILLION ONE HUNDRED FORTY THOUSAND PESOS (P1,140,000.00), receipt of which is hereby acknowledge, VENDOR hereby SELL, TRANSFER and CONVEY to the VENDEE, his heirs, assigns and transferees, the aforesaid described parcel of land together with all improvements thereon, free from all liens and encumbrances; 3. That the VENDEE undertake to pay all taxes, registration and transfer fees as well as the village association dues. IN WITNESS WHEREOF, we hereunto sign this deed of absolute sale in Manila, Philippines on this 25  day of February, 2006. th

JUANA DELA CRUZ Vendor

JOSE SANTOS Vendee

With my marital consent: JUAN DELA CRUZ

Witnesses:

MR. A

MR. B

ACKNOWLEDGMENT

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 7 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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DEED OF SALE OF PERSONAL PROPERTY

DEED OF SALE OF PERSONAL PROPERTY KNOW ALL MEN BY THESE PRESENTS: I, JUAN DELA CRUZ, of legal age and a resident of 7 Love Bldg., A.H. Lacson St., Sampaloc, Manila, hereinafter known as VENDOR; and PEDRO SANTOS, of legal age, Filipino Citizen and a resident of Unit 25-K, Starlight Condominium, Ortigas Center, Pasig City, hereinafter known k nown as VENDEE; WITNESSETH: 1. That the VENDOR is the absolute owner of a motor vehicle particularly described as follows: Toyota RAV4, 2004 model with motor number 1234, Plate No. BRV 537, Registration Certificate No. 456, Chassis No. 2345, and File No. 789. 2. That for and in consideration of the sum of TWO HUNDRED AND FIFTY THOUSAND PESOS (P250,00.00), receipt of which I hereby acknowledge, I hereby SELL, TRANSFER and CONVEY to the VENDEE, his heirs, assigns and transferees, the aforesaid described motor vehicle, free from all liens and encumbrances; e ncumbrances; 3. That the VENDEE undertake to pay all taxes, registration and transfer fees. th

IN WITNESS WHEREOF, I have hereunto set my m y hand this 4  day of March, 2006 in Manila City, C ity, Philippines.

JUAN DELA CRUZ Vendor

PEDRO SANTOS Vendee

MR. X

MR. Y

Witnesses:

ACKNOWLEDGMENT

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 8 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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CONTRACT OF LEASE OF REAL PROPERTY

CONTRACT OF LEASE OF REAL PROPERTY This CONTRACT OF LEASE made and entered into by and between: JUAN DELA CRUZ, of legal age, Filipino citizen and a resident of 564 Espana, Manila, hereinafter known as the LESSOR; and PEDRO SANTOS, of legal age, Filipino citizen and a resident of 222 Lacson Street, Manila, hereinafter known as the LESSEE; WITNESSETH: That The LESSOR is the owner in fee simple of a certain parcel of land , together with the buildings and improvements thereon, situated in 10 Espana, Manila Manil a and more particularly described as follows: (description of property) The LESSOR has offered to lease and the LESSEE has agreed to rent the above-mentioned property. NOW THEREFORE, the LESSOR hereby lets and leases unto the LESSEE the abovedescribed property under the following terms and conditions: c onditions: 1. The monthly rental shall be FIFTEEN THOUSAND PESOS (P 15,000.00), to be paid by the th LESSEE on or before the 5  day of each and every month, plus one per centum (5%) surcharge per th month for the payment of rentals made after the 5  day of the month due. It is expressly agreed and understood that the payment of the rental herein stipulated shall be made without the necessity of express demand and without delay on any ground whatsoever; 2. The term of this lease is 10 years commencing on January 1, 2007 and expiring on December 31, 2017. 3. The LESSEE hereby expressly agrees and warrants that the leased premises shall be used by him exclusively for residential purposes and the said LESSEE is hereby strictly prohibited from using the said premises for any other purpose without the prior written consent of the LESSOR; LESSOR ; 4. The major and minor repairs shall be for the account of the LESSOR; 5. Taxes and assessments shall be for the account of the LESSOR, while expenses for electricity, water and other utilities shall be for the account of the LESSEE; 6. Upon the signing of this agreement, the the LESSEE shall shall pay by way of deposit unto the LESSOR the sum of THIRTY THOUSAND Pesos (P 30,000.00) to be applied in payment of rentals rentals in arrears and other expenses or charges that the LESSEE may owe in favor of the LESSOR; 7. The each parties shall notify the other at least 30 days in advance of his intention to terminate the lease. 8. Violation of any of the above abo ve terms ipso facto rescinds the contract. th

IN WITNESS WHEREOF, the parties have hereunto set their hands this 15  day of December 2006, in Manila, Philippines. JUAN DELA CRUZ (Lessor)

PEDRO SANTOS (Lessee) Signed in the presence of:

Witness 1

Witness 2 ACKNOWLEDGMENT 

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 9 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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CONTRACT OF LEASE OF PERSONAL PROPERTY

CONTRACT OF LEASE OF PERSONAL PROPERTY KNOW ALL MEN BY THESE PRESENTS: This CONTRACT OF LEASE made and entered into by and between: JUAN DELA CRUZ, of legal age, Filipino citizen and a resident of 15 Dapitan Street, Manila, hereinafter known as the LESSOR; and PEDRO SANTOS, of legal age, Filipino citizen and a resident of 1515 Laong-Laan Street, hereinafter known as the LESSEE; WITNESSETH: That The LESSOR is the owner in fee simple of a personal p ersonal property , more particularly described as follows: (description of property) The LESSOR has offered to lease and the LESSEE has agreed to rent the above-mentioned property. NOW THEREFORE, the LESSOR hereby lets and leases unto the LESSEE the abovedescribed property under the following terms and conditions: c onditions: 1. The monthly rental shall be TEN THOUSAND Pesos (P10,000.00), to be paid by the LESSEE at on th or before the 5  day of each and every month, m onth, plus one per centum (1%) surcharge per month for the th payment of rentals made after the 5  day of the month due. It is expressly agreed and understood that the payment of the rental herein stipulated shall be made without the necessity of express demand and without delay on any a ny ground whatsoever; 2. The term of this lease is 2 years commencing on January 1, 2006 and expiring on December 31, 2008. 3. The LESSEE hereby expressly agrees and warrants that the leased premises shall be used by him exclusively for business purposes and the said LESSEE is hereby strictly prohibited from using the said property for any other purpose without the prior written consent of the LESSOR; 4. The major and minor repairs shall be for the account of the LESSOR; 5. Taxes and assessments shall be for the account of the LESSOR, while other expenses shall be for the account of the LESSEE; 6. Upon the signing of this agreement, the the LESSEE shall shall pay by way of deposit unto the LESSOR the sum of FIVE THOUSAND PESOS (P5,000.00) to be applied in payment of rentals in arrears and other expenses or charges that the LESSEE may owe in favor of the LESSOR; 7. The each parties parties shall notify the the other at least 30 days days in advance of his intention to to terminate the lease. 8. Violation of any of the above abo ve terms ipso facto rescinds the contract. nd

IN WITNESS WHEREOF, the parties have hereunto set their hands this 22  day of November 2005, in Manila, Philippines. JUAN DELA CRUZ (Lessor)

PEDRO SANTOS (Lessee) Signed in the presence of:

Witness 1

Witness 2 ACKNOWLEDGMENT

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 10 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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REAL ESTATE MORTGAGE

REAL ESTATE MORTGAGE KNOW ALL MEN BY THESE PRESENTS: This REAL ESTATE MORTGAGE, made and executed by JUAN DELA CRUZ, of legal age, single, Filipino citizen, with residence and post-office address at 1218 Simeon Street, Manila, hereinafter called the MORTGAGOR, in favor of PEDRO SANTOS, of legal age, single, Filipino citizen, with residence and post-office address at 1246 Craig Street, Manila, hereinafter called MORTG AGEE. WITNESSETH: That the MORTGAGOR is indebted unto the MORTGAGEE in the sum of TEN THOUSAND PESOS (P10,000.00), receipt whereof is hereby acknowledged and confessed, payable within a period of TWO (2) years, with interest at the rate of ten per cent (10%) per annum; That FOR AND IN CONSIDERATION of said indebtedness , the MORTGAGOR does hereby convey and deliver by way of MORTGAGE unto the said MORTGAGEE and the latter's heirs and assigns, the following parcel of land, together with all the improvements thereon and situated at 1218 Simeon Street, Manila covered by Transfer Certificate of Title No. 564789 of the Register of Deeds of Manila, specifically described as follows: (insert technical description of real property as it appears in title) all of which the MORTGAGOR declares to be the absolute owner thereof, free from all liens and encumbrances; It is the essence of this contract that if the MORTGAGOR fails to pay the principal obligation as above mentioned, then this mortgage shall be foreclosed and the above-mentioned properties shall be sold in accordance with law; however, if the MORTGAGOR pays said obligation together with the interest, then this mortgage shall be discharged and rendered of no force and effect. th

IN WITNESS WHEREOF, the parties have set their hands on the 6  day of March, 2006, at the City of Manila, Philippines.

JUAN DELA CRUZ (Mortgagor)

PEDRO SANTOS (Mortgagee)

Signed in the presence of:

Witness 1

Witness 2

ACKNOWLEDGMENT

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 11 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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CHATTEL MORTGAGE

CHATTEL MORTGAGE KNOW ALL MEN BY THESE PRESENTS: This CHATTEL MORTGAGE, made and executed by JUAN DELA CRUZ, of legal age, single, Filipino citizen, with residence and post-office address at 15 Arlegui Street, Manila, hereinafter called the MORTGAGOR, in favor of PEDRO SANTOS, of legal age, single, Filipino citizen, with residence and post-office address at 22 Quezon Avenue, QC, hereinafter called MORTGAGEE. WITNESSETH: That the MORTGAGOR is indebted unto the MORTGAGEE in the sum of TEN THOUSAND PESOS (P10,000.00), receipt of which is acknowledged by the MORTGAGOR upon the signing of this instrument, payable within a period of 2 years, with interest thereon at the rate of five (5) per cent, per annum; That FOR AND IN CONSIDERATION of said indebtedness  and to assure the performance of said obligation to pay, the MORTGAGOR hereby conveys by way of CHATTEL MORTGAGE unto the MORTGAGEE, his heirs, and assigns, the following personal property now in the possession of said MORTGAGOR: (Description of personal property mortgaged) That the condition of this obligation is that should the MORTGAGOR perform the obligation to pay the herein-above indebtedness together with accrued interest thereon, this chattel mortgage shall at once become null and void and of no effect whatsoever, otherwise, it shall remain in full force and effect. th

IN WITNESS WHEREOF, the parties have set their hands on the 5  day of April, 2007 at the City of Manila, Philippines.

JUAN DELA CRUZ (Mortgagor)

PEDRO SANTOS (Mortgagee)

Signed in the presence of:

Witness 1

Witness 2

ACKNOWLEDGMENT 4  AFFIDAVIT OF GOOD FAITH   + jurat

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 See next page for sample form

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 12 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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AFFIDAVIT OF GOOD FAITH We, the undersigned MORTGAGOR and MORTGAGEE, severally swear that the foregoing chattel mortgage is made and executed for the purpose of securing the obligation specified therein, and for no other purpose, and that the same is a just and valid obligation , and one not entered into for the purposes of fraud .

City of Manila, March 24, 2006.

JUAN DELA CRUZ (Mortgagor)

PEDRO SANTOS (Mortgagee)

JURAT

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 The absence of the Aff idavit of Good Faith vitiat es a chattel mortgage as against creditors or third persons.

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 13 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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GENERAL POWER OF ATTORNEY

GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: I, JUAN DELA CRUZ, of legal age, single, resident of 1 McKinley Avenue, Damarinas Village, Makati City, do hereby name, constitute and appoint PEDRO SANTOS, of legal age, Filipino citizen and a resident of Unit 25 Ritz Condominium, Ayala Avenue, Makati City, to be my true and lawful attorney in-fact, for me and in my name, place and stead to do and perform the following acts and things, to wit: 1. To ask, demand, sue for, recover or collect any and all sums of money and other things things of value of whatever nature or kind as may now be or hereafter become due, owing, payable or belonging to me, and to have, sue, and to take any and all lawful ways and means for the recovery thereof by suit. 2. To make, sign, sign, execute, and deliver contracts, contracts, documents, agreements, and and other writings writings of whatever nature. 3. To delegate in whole or in part any or all of the powers herein granted or conferred, by means of an instrument in writing, in favor of any third person or persons whom my said attorney may select. HEREBY GIVING AND GRANTING unto my said attorney-in-fact 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 or could lawfully do if personally present, with power of substitution and revocation, and hereby ratifying and confirming that all that my said attorney or his substitute shall lawfully do or cause to be done under and by virtue of these presents. rd

IN WITNESS WHEREOF, the parties have set their hands on the 3  day of January 2007, at the City of Makati, Philippines.

JUAN DELA CRUZ (Principal) Signed in the presence of:

Witness 1

Witness 2

ACKNOWLEDGMENT

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 14 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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SPECIAL POWER OF ATTORNEY

SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:

I, JUAN DELA CRUZ, of legal age, single, resident of 1 McKinley Avenue, Damarinas Village, Makati City, do hereby name, constitute and appoint PEDRO SANTOS, of legal age, Filipino citizen and a resident of Unit 25 Ritz Condominium, Ayala Avenue, Makati City, to be my true and lawful attorney-in-fact, for me and in my name, place and stead within the period of five (5) months, to SELL, TRANSFER and CONVEY, for the price not less than FIVE MILLION PESOS (P5,000,000.00), to whosoever may purchase or buy my Hacienda Juan in Tarlac, Tarlac, of which I am the absolute owner, free from all liens and encumbrances; and HEREBY GIVING AND GRANTING unto my said attorney in-fact full powers and authority to do and perform all and every act requisite or necessary to carry into effect the foregoing authority to sell, as fully to all intents and purposes as I might or could lawfully do if personally present, with full power of substitution or revocation , and hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. th

IN WITNESS WHEREOF, the parties have set their hands on the 16  day of May, 2007, at the City of Makati, Philippines.

JUAN DELA CRUZ (Principal) Signed in the presence of:

Witness 1

Witness 2

ACKNOWLEDGMENT

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 15 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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REVOCATION OF POWER OF ATTORNEY

REVOCATION OF POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: I, JUAN DELA CRUZ, of legal age, single and with residence address at 1 McKinley Avenue, th Damarinas Village, Makati City did on the 16   day of May, 2007 executed a SPECIAL POWER OF ATTORNEY before ATTY. MARIA CRUZ, a Notary Public in and for the City of Makati and registered under Doc. No. 2; Page No. 8; Book No. V; Series of 2007, and there did appoint PEDRO SANTOS as my true and lawful attorney, for me and in my name to perform the acts therein set forth; That I have revoked and recalled the said power of attorney , and do hereby revoke, recall, and annul all power and authority thereby given to the said PEDRO SANTOS together with any and all concomitant rights, powers and privileges given to him. th

IN WITNESS WHEREOF, the parties have set their hands on the 20  day of November, 2007, at the City of Makati, Philippines.

JUAN DELA CRUZ (Principal) Signed in the presence of:

Witness 1

Witness 2

ACKNOWLEDGMENT

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 16 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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DEED OF DONATION INTER VIVOS

DEED OF DONATION INTER VIVOS KNOW ALL MEN BY THESE PRESENTS: This Deed of Donation, made and executed in the City of Makati, Philippines, by: JUAN DELA CRUZ, of legal age, single, Filipino citizen and with residence and postal address at Unit 46, The Residences, Greenbelt 3, Makati City, hereinafter called the DONOR, in favor of MARIA SANTOS, of legal age, single, Filipino citizen and with residence and postal address at Unit 47, The Residences, Greenbelt 3, Makati City, hereinafter called the DONEE. WITNESSETH: 1. That, the Donor is the absolute owner  of that certain real property with buildings and improvements thereon, situated in Haciena Juan, Tarlac, Tarlac, and more particularly described as follows: (description of the property) 2. That for and in consideration of the love and affection which the DONOR has for the DONEE, and as an act of liberality and generosity, the DONOR hereby voluntarily and freely gives, transfers and conveys, by way of donation , unto said DONEE, his heirs, executors and assigns, the above-described real property, together with all the buildings and improvements found therein, free from all liens and encumbrances; giving effect to the the donation, he has 3. That the donor hereby states that, for the purpose of giving

reserved for himself in full ownership of sufficient property to support him in a manner appropriate to his needs. 4. That the Donee does hereby accept the foregoing donation of the above-mentioned described property for which he/she expresses his/her sincerest appreciation and gratitude for the kindness and liberty shown by the Donor. th

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on this 14  day of February, 2006, in the City of Makati, Philippines. JUAN DELA CRUZ (Donor)

Accepted:

MARIA SANTOS (Donee) ACKNOWLEDGMENT

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 17 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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DONATION MORTIS CAUSA 

DONATION MORTIS CAUSA KNOW ALL MEN BY THESE PRESENTS: This Deed of Donation, made and executed in the City of Makati, Philippines, by: JUAN DELA CRUZ, of legal age, single, Filipino citizen and with residence and postal address at Unit 46, The Residences, Greenbelt 3, Makati City, hereinafter called the DONOR, in favor of MARIA SANTOS, of legal age, single, Filipino citizen and with residence and postal address at Unit 47, The Residences, Greenbelt 3, Makati City, hereinafter called the DONEE. WITNESSETH:

1. That, the Donor is the absolute owner of that certain real property with buildings and improvements thereon, situated in Hacienda Juan, Tarlac, Tarlac and more particularly described as follows: (description of the property) 2. That, for and in consideration of the love and affection the DONOR has for the DONEE, the DONOR hereby TRANSFERS, GIVES and CONVEYS unto the DONEE, his heirs and assigns, the properties described above with all al l the buildings and improvements im provements thereon, to take effect upon the DONOR's death, but in the event that the DONEE should die before the

DONOR, the present donation shall be deemed rescinded r escinded and of no further force and effect. 3. That, the DONEE does hereby accept this donation and does hereby express his gratitude for

the kindness and liberality of the DONOR. 4. That, the DONOR still has property, real and personal, reserved for his sustenance and daily subsistence. 5. That, the DONOR hereby reserves unto himself the right to possess and sell the hereinabove described real properties, as true owner thereof, before his death, without need of prior consent or approval by the DONEE. IN WITNESS WHEREOF, the DONOR and the DONEE, have hereunto signed this DONATION th MORTIS CAUSA this 14  day of February, 2006 in the City of Manila, Philippines.

JUAN DELA CRUZ Donor

MARIA SANTOS Donee

SIGNED IN THE PRESENCE OF THESE INSTRUMENTAL WITNESSES:

Witness 1

Witness 2

Witness 3

ACKNOWLEDGMENT 7  ATTESTATION CLAUSE  JOINT ACKNOWLEDGMENT

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 Art 728. Donations mortis causa partake the nature of testamentary succession and are governed by the rules established in the Title on Succession. 7  See next page for sample form

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 18 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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 ATTESTATION CLAUSE CLAUSE

ATTESTATION CLAUSE This Donation Mortis Causa consists of 2 pages, including this page on which this Attestation Clause is written. The Donor signed this instrument and every page thereof in the presence of the instrumental witnesses, and the latter witnessed and signed this instrument and every page thereof in the presence of the Donor and of one another .

Witness 1

Residence

Witness 2

Residence

Witness 3

Residence

JOINT ACKNOWLEDGMENT

JOINT ACKNOWLEDGMENT st

BEFORE ME, Notary Public for and in the City of Manila, Philippines this 1   day of January, 2006, personally appeared:

NAME

COMMUNITY TAX CERTIFICATE NO.

JUAN DELA CRUZ (Testator) Witness 1 Witness 2 Witness 3

DATE AND PLACE ISSUED

123456 123789 123123 123963

1/31/06; Makati City 1/31/06; Makati City 1/31/06; Makati City 1/31/06; Makati City

all known to me and to me known to be the same persons who signed the foregoing Will, the first as testator and the last three as instrumental witnesses, and they respectively acknowledge to me that they signed the same as their own free 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 ha ve hereunto set my hand the day, da y, year and place above written.

ATTY. X Ser. No. 07-11111

NOTARY PUBLIC Until Dec. 31, 2007 Roll No. 0001 P.T.R. No. 0002, 12/31/2007, Manila. IBP No. 0003, 12/31/2007, Manila. Doc. No. 5; Page No. 6; Book No. V; Series of 2007.

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 19 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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HOLOGRAPHIC WILL

HOLOGRAPHIC WILL I, JUAN DELA CRUZ, Filipino, of legal age, single and a resident of Unit 46, The Residences, Greenbelt 3, Makati City, being of sound and disposing mind, do hereby declare this to be my Last Will and Testament which I have written in my own handwriting , in English, a language known to me, and I hereby declare that all my properties shall upon my death be distributed to my beloved, MARIA SANTOS. th

IN WITNESS WHEREOF, I have hereunto set my hand this 14  day of February, 2006, at the City of Makati, Philippines.

JUAN DELA CRUZ (Testator)

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 20 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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LAST WILL AND TESTAMENT

LAST WILL AND TESTAMENT8 OF JUAN DELA CRUZ KNOW ALL MEN BY THESE PRESENTS: I, JUAN DELA CRUZ, Filipino, of legal age, single and a resident of Unit 46, The Residences, Greenbelt 3, Makati City, being of sound and disposing mind and memory, and not acting under influence, violence, fraud or intimidation of whatever w hatever 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 k nown to me. And I hereby declare that: I.

I desire that my remains be buried according to the rights of the Roman Catholic Church and with dignity suitable to my circumstances

II.

I give and bequeath to MARIA SANTOS, all of my properties as listed in the inventory attached as “Annex A”;

III.

I designate MR. X as the sole executor of my Last Will and Testament, and in his default or incapacity to act, MR. Y and in default or incapacity of the latter to act, MR. Z;

IV.

I hereby revoke any and all my other wills, codicils, or testamentary dispositions heretofore executed, signed or published or alleged to have been executed, signed or published by me. th

IN WITNESS WHEREOF, I have hereunto set my hand this 14  day of February, 2006 in the City of Makati, Philippines. JUAN DELA CRUZ (Testator) 9 

ATTESTATION CLAUSE 

This Donation Mortis Causa consists of 2 pages, including this page on which this Attestation Clause is written. The Donor signed this instrument and every page thereof in the presence of the instrumental witnesses, and the latter witnessed and signed this instrument and every page thereof in the presence of the Donor and of one another .

Witness 1

Residence

Witness 2

Residence

Witness 3

Residence

JOINT ACKNOWLEDGMENT

8

 Article 804, Civil Code – Every will must be in writing and executed in a language or di alect known to the testator.  Article 805, Civil Code – If the attestation clause is in a language not known to the witnesses, it shall be interpreted to t hem. This means that the attestation need not be in a language known to the attesting witnesses. 9

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 21 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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 ARTICLES OF GENERAL PARTNERSHIP

ARTICLES OF PARTNERSHIP of A, B, C, D, E, F AND G KNOW ALL MEN BY THESE PRESENTS: These Articles of Partnership is made and executed by and among; A, Filipino, residing at 1 Ayala Avenue, Makati City; B, Filipino, residing at 2 Ayala Avenue, Makati City; C, Filipino, residing at 3 Ayala Avenue, Makati City; D, Filipino, residing at 4 Ayala Avenue, Makati City; E, Filipino, residing at 5 Ayala Avenue, Makati City; F, Filipino, residing at 6 Ayala Avenue, Makati City; and G, Filipino, residing at 7 Ayala Avenue, Makati City; all of legal age

WITNESSETH: That I.

They have formed a partnership among themselves under the name and style of Pañero Partners.

II.

The purpose for which said partnership is formed is to produce and sell male grooming products.

III.

The principal office of the partnership shall be located at 8 Ayala Avenue, Makati City;

IV.

It is hereby stipulated that “F” shall be the partner to whom the management of the firm and the use of its signature shall be entrusted, and he shall exercise such powers necessary to attain the purposes of this partnership, including the power to draw drafts, bills of exchange and other negotiable instruments and accept the same for and in the name of the firm; to appoint and dismiss employees and to fix their tenure and compensation; to deposit money in banks and with the counter-signature of the Treasurer, withdraw the same for purposes of the partnership;

V.

The term of existence of this partnership shall be 50 years from and after the execution of these articles;

VI.

The capital of the partnership as contributed by the partners are as follows, to wit: wi t:

NAME

CAPITAL CONTRIBUTED

A B C D E F G

P500,000.00 500,000.00 500,000.00 500,000.00 500,000.00 500,000.00 500,000.00

thereby making a TOTAL CAPITAL CAPITAL of P3,500,000.00. VII.

The profits and losses shall be divided share and share alike among the partners of the partnership;

VIII.

The treasurer shall be “G”;

IX.

The managing partner is hereby given a salary of ONE HUNDRED THOUSAND PESOS (P100,000.00) per month;

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 22 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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IN WITNESS WHEREOF, the parties have hereunto set their hands, this 6  day of April 2007, in Makati, Philippines.

Partner 1

Partner 5

Partner 2

Partner 6

Partner 3

Partner 7

Partner 4

Signed in the Presence of: Witness 1 Witness 2

ACKNOWLEDGMENT

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 23 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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 ARTICLES OF LIMITED LIMITED PARTNERSHIP

ARTICLES OF LIMITED PARTNERSHIP OF PAÑERONG POGI, LTD. KNOW ALL MEN BY THESE PRESENTS: These Articles of Partnership, made and executed by and among: A, Filipino, residing at 1 Ayala Avenue, Makati City; B, Filipino, residing at 2 Ayala Avenue, Makati City; C, Filipino, residing at 3 Ayala Avenue, Makati City; D, Filipino, residing at 4 Ayala Avenue, Makati City; E, Filipino, residing at 5 Ayala Avenue, Makati City; F, Filipino, residing at 6 Ayala Avenue, Makati City; G, Filipino, residing at 7 Ayala Avenue, Makati City; and H, American, residing at 1 Sunset Blvd, California, USA; all of legal age Witnesseth, that: I.

The above-named partners have formed a limited partnership among themselves under the name and style of Pañerong Pogi, Ltd;

II.

The purposes for which the said partnership is formed is to establish, operate and manage a beauty parlor;

III.

The principal place of business of the partnership shall be located at 8 Ayala Avenue, Makati City;

IV.

The term for which the partnership is to exist shall be 25 years from and after the execution of this agreement;

V.

The capital of these partnership shall be FOUR MILLION PESOS (P4,000,000.00) contributed by the partners, as follows, to wit:

NAME

CAPITAL CONTRIBUTED

A B C D E F G H

General Partner General Partner General Partner General Partner General Partner General Partner General Partner Limited Partner

P500,000.00 500,000.00 500,000.00 500,000.00 500,000.00 500,000.00 500,000.00 500,000.00

VI.

“C”, general partner, is hereby designated the manager of the partnership, with a monthly salary of P 50,000.00;

VII.

That the profits and losses shall be apportioned among the partners of the partnership share and share alike;

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 24 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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IN WITNESS WHEREOF, the parties hereto have hereto have hereunto set their hands this 4 day of March, 2007, in Makati, Philippines. Philip pines. Partner 1

Partner 5

Partner 2

Partner 6

Partner 3

Partner 7

Partner 4

Signed in the Presence of: Witness 1 Witness 2

ACKNOWLEDGMENT

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 25 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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 ARTICLES OF INCORPORATION INCORPORATION (STOCK CORP.) CORP.)

ARTICLES OF INCORPORATION OF “A, B, C, D & E MINERALS, INC.” KNOW ALL MEN BY THESE PRESENTS: th

That we, all of whom are residents of the Philippines, have this 8   day of September, 2006, voluntarily associated ourselves together for the purpose of forming a corporation under the laws of the Philippines; AND WE DO HEREBY CERTIFY: 10

I.

That the name

II.

That the specific purposes for which such corporation is formed is to manufacture, produce, purchase, sell, treat, distill, handle, distribute and otherwise deal in petroleum and petroleum products including its by-products, compounds, derivatives, and in other minerals, mineral substances, chemical substances, and any and all kinds of merchandise whatsoever.

III.

That the place where the principal office of the corporation is to be established or located is 88 Session Road, Baguio City, Philippines;

IV.

That the term incorporation;

V.

That the names, nationalities, and residences of the incorporators

VI.

VII.

11

of said corporation shall be: “A, B, C, D & E MINERALS, INC.”

for which the said corporation is to exist is 50 years from and after the date of 12

are as follows:

Name

Nationality

Residence

A B C D E

Filipino Filipino Filipino Filipino Filipino

Manila Manila Manila Manila Manila

13

That the number of directors of said corporation shall be FIVE (5) and the names and residences of the directors who are to serve until their successors are duly elected and qualified as provided by the by-laws are as follows:

Name

Residence

A B C D E

Manila Manila Manila Manila Manila

That the capital stock of said corporation in lawful money of the Philippines is TEN MILLION

10

 Sec 18, Corporation Code: “No corporate name may be allowed…if the proposed name is identical or deceptively or confusingly similar to that of any existing corporation or to any other name already protected by law of is patently deceptive, confusing or contrary to existing laws…” 11  Sec 11, Corporation Code: “A corporation shall exist for a period not exceeding 50 years from the date of incorporation..” 12  Sec 10, Corporation Code: “Any num ber of natural persons, not less than 5 but not more than 15, all of legal age and a majority of whom are residents of the Philippines, may form a private corporation for any lawful purpose/s. Each of the incorporators of a stock corporation must own or be a subscriber of at least 1 share of capital stock of the corporation.” 13  Sec 14, Corporation Code: “The number of directors or trustees, which shall not be less than 5 nor more than 15.” 

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 26 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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PESOS (P10,000,000.00), and said capital stock is divided into TEN MILLION par value shares, and the par value of each share is ONE PESO (P1.00); VIII.

That the number and the amount is said capital stock which has actually subscribed is FIVE MILLION shares representing representing the sum of FIVE MILLION PESOS and the following persons have subscribed for the number of shares with the indication of the total amount of capital stock subscribed and actually paid by each on his subscription, as follows, to wit:

Name

No. of Shares Subscribed

A B C D E

Amount of Capital Stock Subscribed

1,000,000 1,000,000 1,000,000 1,000,000 1,000,000

Amount Paid on Subscription

P1,000,000.00 P1,000,000.00 P1,000,000.00 P1,000,000.00 P1,000,000.00

P500,000.00 P500,000.00 P500,000.00 P500,000.00 P500,000.00

IX.

That fifty per centum (50%) of the entire number of authorized shares of capital stock has been 14 h as been paid ; subscribed and that twenty-five per centum (25%) of the subscription has

X.

That “E” has been elected by the subscribers as TREASURER of the corporation to act as such until his successors is duly elected and qualified in accordance with the by-laws and that as such treasurer he has been authorized to receive for and in the name of the corporation all subscriptions paid by the subscribers. th

IN WITNESS WHEREOF, we have hereunto set our hands this 8  day of September, 2006, in Manila, Philippines. Incorporator 1

Incorporator 4

Incorporator 2

Incorporator 5

Incorporator 3

Signed in the Presence of: Witness 1 Witness 2

ACKNOWLEDGMENT TREASURER’S CERTIFICATE + jurat

14

  Sec 13, Corporation Code: “At least 25% of the authorized capital stock as stated in the articles of incorporation must be subscribed at the time of incorporation, and at lest 25 of t he total subscription must be paid upon subscription…”

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 27 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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TREASURER’S CERTIFICATE 15

TREASURER’S CERTIFICATE REPUBLIC OF THE PHILIPPINES CITY OF MANILA

) )SS

I, “E”, being first duly sworn, depose and say: th

That on the 8  day of September, 2006, I was duly selected by the subscribers named in the foregoing articles of incorporation to act as Treasurer until his successor is duly elected and qualified in accordance with the by-laws of the corporation all subscriptions of the capital stock paid in by the subscribers; That FIVE MILLION PESOS (P5,000,000.00) worth of stock of the PAR VALUE of ONE PESO (P1.00) each share has been actually subscribed, and that of said subscription TWO MILLION FIVE HUNDRED THOUSAND PESOS (P2,500,000.00) has been actually paid and transferred to him in trust and received by him for the benefit and to the credit of the corporation; That pursuant to law, he certifies that at least TWENTY FIVE PER CENT UM (25%) per centum of the entire number of authorized shares of capital stock has been subscribed and TWENTY FIVE PER CENTUM (25%) per centum of the total subscription has been actually paid to him in cash for the benefit and to the credit of the corporation.

“E” (Treasurer)

JURAT

15

  Section 14, Corporation Code: “…The SEC shall not accept the articles of incorporation of any stock corporation unless accompanied by a sworn statement of the Treasurer elected by the subscribers showing at least 25% of the authorized capital stock of the corporation has been subscribed, and at least 25% of the total subscription has been fully paid to him in actual case and/or in property…such paid-up capital being not less than P5,000.00.” 

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 28 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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 ARTICLES OF INCORPORATION INCORPORATION (NON-STOCK CORPORATION) CORPORATION)

ARTICLES OF INCORPORATION OF “GAWAD TULONG” KNOW ALL MEN BY THESE PRESENTS: That we, all of age, majority of whom are citizens and residents of the Philippines, have this day voluntarily associated ourselves together for the purpose of forming a non-stock corporation under the laws of the Republic of the Philippines. AND WE HEREBY CERTIFY: I.

That the name of the corporation shall be: “GAWAD TULONG”

II.

That the purposes for which such corporation is to be formed are as follows: a. To promote an an integrated four-fold basic program program of livelihood, education, public health, health, and selfgovernment, emphasizing the rural people since they constitute 80 percent of the population of the Philippines; b. To mobilize all possible resources, human and material, national and international, public and private, to carry out this grassroots program of rural reconstruction, thus laying a firm foundation for the building of a strong and democratic nation.

III.

That the place where the principal office of the corporation is to be established or located in 16 Rada Street, Makati City, Philippines.

IV.

That the term for which said corporation is to exist shall be TEN (10) years from and after the date of incorporation.

V.

That the names, nationalities, and residences of the incorporators of said corporation are as follows:

Name

Nationality

Residence

Jose Santos Juan Dela Cruz Pedro Cruz Maria De Leon Ana Jose

Filipino Filipino Filipino Filipino Filipino

Manila Manila Manila Manila Manila

16

VI.

That the number of trustees of the corporation shall be five (5) and shall be persons of good character and standing in the community.

VII.

That the names and residences of the trustees of the corporation who are to serve until their successors are elected and qualified as provided by the By-laws are as follows:

VIII.

Name

Residence

Jose Santos Juan Dela Cruz Pedro Cruz Maria De Leon Ana Jose

Manila Manila Manila Manila Manila

That the amount of money to be devoted to the maintenance of said corporation is such sum as may from time to time tim e be received from contribution, donation and/or endowment from the government or the public, and such property or money as may from time to time be received or acquired by deed, grant, devise, bequest, or gift.

16

 Sec 92, Corporation Code: The board of trustees of a non-stock corporation may be more than 15 .

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 29 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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IX.

N O T E S

I N

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That ANA JOSE has been elected by the member as treasurer of the corporation, to act as such until his successor is duly elected and qualified in accordance with the By-laws and that as such treasurer, he has been authorized for the corporation to receive in its name all contributions and/or donations given to the corporation. th

IN WITNESS WHEREOF, we have hereunto set our hands this 8  day of July, 2007 in the City of Manila, Philippines.

Incorporator 1

Incorporator 4

Incorporator 2

Incorporator 5

Incorporator 3

ACKNOWLEDGMENT

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 30 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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CERTIFICATION OF BOARD RESOLUTION BY CORPORATE SECRETARY

SECRETARY’S CERTIFICATE I, JUAN DELA CRUZ, of legal age, single, Filipino, with residence at 1 Morayta Street, Manila, after having been sworn to according to law, depose and state: 1. I am the corporate secretary of IL CBO, Inc. , a corporation duly organized and existing under the laws of the Philippines; 2. As such corporate secretary, I have access to all the corporate records of IL CBO, Inc.; 3. On 4 March 2006, the board of of directors of IL CBO, Inc., in a meeting duly called for the purpose, passed the following resolution: BOARD RESOLUTION APPOINTING AN ATTORNEY TO REPRESENT THE CORPORATION IN PRE-TRIAL CONFERENCE AND TRIAL PROPER WE, the undersigned, a majority of the Board of Directors of IL CBO, a domestic corporation existing under the laws of the Philippines with address at Morayta, Manila, hereby certify that at a regular meeting of the Board of Directors held on March 4, 2006 have resolved, as we hereby resolve, to pass and adopt the following Resolution: RESOLVED AS IT IS HEREBY RESOLVED, to appoint, appoi nt, name, constitute ATTY. MARIA JOSE, as its attorney-in-fact in connection with the pre-trial and subsequent hearings of the case entitled “IL CBO v. BURGER KING, INC.” docketed as Civil Case No. 1234 in Branch 5 of the Regional Trial Court of Manila, with the power to make admissions and/or to make and submit as well as to accept and approve compromise proposals upon such terms and conditions and under such covenants as he may deem fit. th

Dated this 4  day of March, 2006, at Manila, Philippines. (Signature of at least a majority of the directors) Countersigned by:  __________________

4. The above-quoted resolution is still in force and has not yet yet been revoked by the board as of this date. IN WITNESS WHEREOF, I have hereunto affixed my signature and the seal of the corporation, this 5  day of March, 2006. th

JUAN DELA CRUZ Corporate Secretary of IL CBO, Inc.

JURAT

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 31 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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LITIGATION FORMS17

CAPTIONS & TITLE In the Supreme Court: 

REPUBLIC OF THE PHILIPPINES SUPREME COURT JUAN DELA CRUZ Plaintiff-Appellant, -versusG.R. No.06-123456 Petition for Certiorari PEDRO SANTOS Defendant-Appellee. X---------------------------X-----------------------------------------------------X --X 

In the Court of Appeals:

REPUBLIC OF THE PHILIPPINES COURT OF APPEALS JUAN DELA CRUZ Plaintiff-Appellant, -versusC. A. G.R. No.456789 Petition for Certiorari PEDRO SANTOS Defendant-Appellee. X---------------------------X-----------------------------------------------------X --X



In the RTC – Civil Cases:

REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION18 REGIONAL TRIAL COURT Manila, Branch 1 JUAN DELA CRUZ Plaintiff, -versusCivil Case No. 789456 Collection of Sum of Money PEDRO SANTOS Defendant. X---------------------------X-----------------------------------------------------X --X

17

With respect to the litigation forms, make sure that the designated court, judicial region and venue has the proper jurisdiction over the case mentioned in the Title of the case. 18  The judicial regions correspond to the 13 geographical regions of the Philippines

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 32 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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In the MTC / MCTC – Civil Cases:

REPUBLIC OF THE PHILIPPINES FOURTH JUDICIAL REGION MUNICIPAL TRIAL COURT OF BATANGAS Taal, Branch 26 PEDRO SANTOS Plaintiff, -versusCivil Case No. 789456 For: Murder JUAN DELA CRUZ Defendant. X---------------------------X-----------------------------------------------------X --X



In CRIMINAL PROCEEDINGS:

REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Manila, Branch 1 PEOPLE OF THE PHILIPPINES Plaintiff, -versusCriminal Case No. 789456 For: Murder JUAN DELA CRUZ Accused. X---------------------------X-----------------------------------------------------X --X



In SPECIAL PROCEEDINGS

REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Manila, Branch 17 In the Matter of the Adoption of the Minor JOSE SANTOS Sp. No. 789456 For: Adoption PEDRO SANTOS, Petitioner. X---------------------------X-----------------------------------------------------X --X

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 33 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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 VERIFICATION

REPUBLIC OF THE PHILIPPINES CITY OF MANILA

) ) SS

VERIFICATION I, JUANA DELA CRUZ, Filipino, of legal age, single, and a resident of 23 Espana, Manila, after having been sworn in accordance with law, hereby deposes and states that: 1. I am the petitioner / complainant in the instant case; 2. I have read the foregoing petition / complaint and caused the preparation of the same; and 3. The allegations therein are true and correct to the best of my knowledge.

AFFIANT FURTHER SAYETH NAUGHT. City of Manila, March 20, 2006. JUANA DELA CRUZ Affiant JURAT h

SUBSCRIBED AND SWORN to before me, this 20   day of March, 2006 in the City of Manila, affiant exhibiting before me her Community Tax Certificate No. 123456, issued at Manila on March 1, 2006.

ATTY. PEDRO SANTOS Ser. No. 06-11111

NOTARY PUBLIC Until Dec. 31, 2006 Roll No. 0001 P.T.R. No. 0002, 12/31/2006, Manila. IBP No. 0003, 12/31/2006, Manila. Doc. No. 5; Page No. 6; Book No. IV; Series of 2006.

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 Section 4, Rule 7. Verification. GEN. RULE: Pleadings need not be verified EXCEPTION: When specifically provided by law – a. complaint with or or for: injunction, injunction, ejectment, attachment, application for receivership, replevin, replevin, and application for support pendente lite b. answer to complaint based on an actionable document denying the actionable document or to a complaint for usury denying the latter; c. petition for certiorari, mandamus, prohibition, quo warranto; d. complaint for expropriation, expropriation, complaint for forcible entry and unlawful detainer; e. charges for indirect contempt; f. all petitions under the rules on special proceedings g. all pleadings filed under the rule on summary procedure

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 34 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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CERTIFICATION AGAINST FORUM-SHOPPING / CERTIFICATION OF NON-FORUM 20 SHOPPING

CERTIFICATION

I, JUANA DELA CRUZ, Filipino, of legal age, single, and a resident of 23 Espana, Manila, under oath, deposes and states that: 1. I have not commenced any action or proceeding involving the same issues in the Supreme Court, Court of Appeals, or any other tribunal or agency; 2. To the best of my knowledge, no such action or proceeding is pending in the Supreme Court, Court of Appeals or any other tribunal or agency; and 3. If I should thereafter learn that a similar action or proceeding has been filed or pending before the Supreme Court, Court of Appeals, or any agency or tribunal, I undertake to report that fact to this Honorable Court within 5 days da ys therefrom.

City of Manila, March 20, 2006.

JUANA DELA CRUZ Affiant

JURAT h

SUBSCRIBED AND SWORN to before me, this 20   day of March, 2006 in the City of Manila, affiant exhibiting before me her Community Tax Certificate No. 123456, issued at Manila on March 1, 2006.

ATTY. PEDRO SANTOS Ser. No. 06-11111

NOTARY PUBLIC Until Dec. 31, 2006 Roll No. 0001 P.T.R. No. 0002, 12/31/2006, Manila. IBP No. 0003, 12/31/2006, Manila. Doc. No. 5; Page No. 6; Book No. IV; Series of 2006.

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 Section 5, Rule 7. Used in complaints and other initiatory pleadings like permissive counterclaims.

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 35 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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EXPLANATION

EXPLANATION A copy hereof is served on opposing counsel and the Supreme Court / Court of Appeals / RTC / MTC by registered mail, instead of by personal service, due to the urgency of filing the same and due to lack of messengerial personnel of the undersigned counsel for the petitioner at the moment.

ATTY. JUAN DELA CRUZ Counsel for Plaintiff / Defendant

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 Section 11, Rule 1. Priorities in mode of filing and service - “…Except with respect to papers emanating from t he court, a resort to other modes must be accompanied by a written explanation why the service or filing was not done personally . A violation

of this Rule may be cause to consider the paper as not filed.”

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 36 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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 AFFIDAVIT OF MAILING MAILING / SERVICE

REPUBLIC OF THE PHILIPPINES CITY OF MANILA

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AFFIDAVIT I, JOSE SANTOS, of legal, single, and resident of 22 Rizal Street, Manila, after being sworn in accordance with law depose and say: 1. That I am the messenger of Atty. Juan Dela Cruz; 2. That I on March March 3, 2007, at 10:30 AM, AM, I mailed a copy of the attached Motion to to Dismiss depositing the same in the post office of the City of Manila, in a properly pr operly sealed envelop, postage prepaid, and by registered mail, and plainly addressed to Atty. Pedro Santos, at his office at 42F Espana Towers, Espana, Manila, with instructions on the envelop to the postmaster to return the mail to the sender after ten days if unclaimed; 3. That the registry receipt issue by the mailing officer is attached hereto; (Paste Registry Receipt)

FURTHER AFFIANT SAYETH NAUGHT. City of Manila, Philippines, March 3, 2007.

JOSE SANTOS Affiant

JURAT

22

 Section 13, Rule 13. Proof of service by registered mail through affidavit and registry receipt – 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 made 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.

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 37 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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 AFFIDAVIT FOR PRELIMINARY PRELIMINARY ATTACHMENT

REPUBLIC OF THE PHILIPPINES CITY OF MANILA

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AFFIDAVIT I, JUAN DELA CRUZ, of legal age and a resident of 13 E. Quintos Street, Manila, after having been duly sworn to in accordance with law, hereby deposes and says: 1. That I am is the plaintiff in the above-entitled case; 2. That there is sufficient cause of action existing against herein defendant; 23 3. That this this action is one of those specifically mentioned in Section 1 of Rule 57 of the Rules of Court, whereby a writ for preliminary attachment may issue, to wit: xxx xxx xxx a. In an action for recovery of a specified amount of money or damages, other than moral and exemplary, on a cause of action arising from law, contract, quasi-contract, delict or quasi-delict against a party who is about to depart from the Philippines with intent to defraud his creditors. xxx xxx xxx 4. That there is no other sufficient security for the claim sought to be enforced by the present action; 5. That she is filing a bond in the amount of P50,000.00; 6. That the amount claimed in the action is as much as the sum which the order of attachment is prayed for, above all legal counterclaims. FURTHER AFFIANT SAYETH NAUGHT. City of Manila, September 16, 2007.

JUAN DELA CRUZ Affiant

JURAT VERIFICATION JURAT

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 Sec 1, Rule 57. Grounds upon which attachment may issue (a) In an action for the recovery recovery of a specified amount amount of money or damages, other other than moral and exemplary, exemplary, on a cause of action arising from law, contract, quasi-contract, delict or quasi-delict against a party who is about to depart from the Philippines with intent to defraud his creditors; (b) In an action for money or property embezzled or fraudulently misapplied or converted to his own use by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity, or for a willful violation of duty; (c) In an action to recover the possession of p roperty unjustly or fraudulently taken, detained or converted, when the property, or any part thereof, has been concealed, removed, or disposed of to prevent its being found or taken by the applicant or an authorized person; (d) In an action against against a party who who has been guilty of a fraud in contracting the debt or incurring the obligation upon which the action is brought, or in the performance thereof; (e) In an action against against a party who who has removed or disposed of his property, or is about to do so, with intent to defraud his creditors; or (f) In an action against a party who does not reside and is not found in the Philippines, or on whom summons may be served by publication.

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 38 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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 AFFIDAVIT IN SUPPORT SUPPORT OF PETITION FOR INJUNCTION 24

REPUBLIC OF THE PHILIPPINES CITY OF MANDALUYONG

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AFFIDAVIT I, JUAN DELA CRUZ, of legal age and resident of 55 Shaw Boulevard, Mandaluyong City, after having been duly sworn in accordance with law, hereby deposes and says: 1. That I am the plaintiff in the above entitled case and is entitled to the relief demanded in the complaint in whole or in part and such relief consists in restraining the commission or continuance of the acts complained of either for a limited period or perpetually; 2. That the commission or continuance of the acts complained of during the litigation will work injury to herein plaintiff and that the defendant is doing, threatens, or is about to do, or is procuring or suffering to be done the acts tending to render the judgment ineffectual ; 3. And that I am willing and ready to post a bond in an amount which may be fixed by the Court w hich the latter may to the effect that I, the plaintiff, will pay the defendant all the damages which sustain by reason of the injunction if the court should finally decide that the plaintiff was not entitled thereto. FURTHER AFFIANT SAYETH NAUGHT. City of Manila, Philippines, January, 13, 2006.

JUAN DELA CRUZ Affiant

JURAT 25  VERIFICATION 

24

 Section 3, Rule 58. Grounds for issuance of preliminary injunction. — A preliminary injunction may be granted when it is established: (a) That the applicant is entitled to the relief demanded, and the whole or part of such relief consists in restraining the commission or continuance of the act or acts complained of, or in requiring the performance of an act or acts either for a limited period or perpetually; (b) That the commission, continuance or non-performance of the act or acts complained of during the litigation would probably work injustice to the applicant; or (c) That a party, court, agency or a person is is doing, threatening, or is attempting to do, or is procuring or suffering to be done some act or acts probably in violation of the rights of the applicant respecting the subject of the action or proceeding, and tending to render the judgment ineffectual. 25

 Section 4, Rule 58. Verified application and bond for preliminary injunction or temporary restraining order. — A preliminary injunction or temporary restraining order may be granted only when: (a) The application in the action or proceeding is verified, and shows facts entitling the applicant to the relief demanded; XXX

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 39 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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 AFFIDAVIT FOR REPLEVIN REPLEVIN 26

REPUBLIC OF THE PHILIPPINES PROVINCE OF LAGUNA MUNICIPALITY OF LOS BANOS

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AFFIDAVIT FOR REPLEVIN I, JUAN DELA CRUZ, of legal, single, and resident of 2 Rizal Street, Los Banos, Laguna, after being sworn in accordance with law depose and say: 1. That I am the the plaintiff in an action for the delivery of personal property against the defendant, entitled JUAN DELA CRUZ versus PEDRO SANTOS (Civil Case No. 06-789456) in the Regional Trial Court of Laguna, Branch 27; 2. That I am the owner of said property, particularly described as follows, to wit: (state description of personal property involved); 3. That the said personal property is wrongfully detained by the defendant without any lawful cause whatsoever; 4. That the said personal property has not been taken for a tax assessment or fine pursuant to law, or seized under an execution, or an attachment against the property of the plaintiff; 5. That the actual value of the said property is ONE MILLION PESOS (P1,000,000.00). 6. That affiant is willing willing to to file a bond double the actual market value of the property.

FURTHER AFFIANT SAYETH NAUGHT. City of Manila, Philippines, January, 13, 2006.

JUAN DELA CRUZ Affiant JURAT VERIFICATION + jurat 26

 Section 1, Rule 60. Application. — A party praying for the recovery of possession of personal property may, at t he commencement of the action or at any time before answer, apply for an order f or the delivery of such property to him, in the manner hereinafter provided. Section 2, Rule 60. Affidavit and bond. — The applicant must show by his own affidavit or that of some other person who personally knows the facts: (a) That the applicant is the owner of the property claimed, particularly describing it, or is entitl ed to the possession thereof; (b) That the property is wrongfully detained by the adverse party, alleging the cause of detention thereof according to the best of his knowledge, information, and belief ; (c) That the property has not been distrained or taken for a tax assessment or a fine pursuant to law, or seized under a writ of execution or preliminary attachment, or otherwise placed under custodia legis, or if so seized, that it is exempt from such seizure or custody; and (d) The actual market value of the property. The applicant must also give a bond, executed to the adverse party in double the value of the property as stated in the affidavit aforementioned, for the return of the property to the adverse party if such return be adjudged, and for the payment to the adverse party of such sum as he m ay recover from the applicant in the action. (2a)

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 40 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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ENTRY OF APPEARANCE

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT

Manila, Branch 1

PEOPLE OF THE PHILIPPINES, Plaintiff,

Criminal Case No.: 96-147807

- versus -

For: Rape

PEDRO SANTOS, Accused. x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

ENTRY OF APPEARANCE The Clerk of Court Regional Trial Court of Manila Branch 7 Sir: Please enter the appearance of the undersigned as counsel for the accused in the above-entitled case for all legal purposes. City of Manila, Philippines, February 16, 2007.

JUAN CRUZ Attorney for Accused

CRUZ LAW OFFICES

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2  Floor RCBC Plaza, Ayala Avenue, Makati City Roll No. 123456 P.T.R. No. 1234567 / Manila / January 10, 2007 IBP No. 123456/ Manila / January J anuary 20, 2007 MCLE Compliance No. 123456

Copy furnished attorney for the plaintiff:

MARIA LOPEZ Attorney for Plaintiff

LOPEZ LAW OFFICES

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22  Floor, Insular Life Building, Ayala Avenue, Makati City

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 41 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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COMPLAINT BASED ON AN ACTIONABLE DOCUMENT (One Cause of Action)

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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION

BRANCH 27, MANILA

JUANA DELA CRUZ

Civil Case No.: 96-147807 Plaintiff,

- versus -

For: Collection of sum of money money

PEDRO SANTOS, Defendant. x---------------------------------x

COMPLAINT COMES NOW the plaintiff, by the undersigned counsel, and to this Honorable Court, respectfully alleges: That the plaintiff is of legal age, Filipino citizen and resident of 96 Kanlaon Street, Manila, while the defendant is also of legal age, Filipino citizen and a resident of 1246 Maria Cristina Street, Manila, where he may ma y be served with summons; That on or about June 14, 2006, defendant obtained a loan of P10,000.00 from the plaintiff payable within 30 days from said date at 5% per annum; That said loan, now overdue, is evidenced by a promissory note signed by the defendant, a copy of which is hereto attached as “Annex A” and made part of this complaint; That despite repeated demands, both written and oral, defendant has failed and refused to pay said loan;

1.

2. 3.

4.

WHEREFORE, it is respectfully prayed that judgment be rendered in favor of the plaintiff and against the defendant to pay the plaintiff the sum of P10,000.00 plus interest of 5% from the date of the instrument until full amount is paid and attorney’s fees in the amount am ount of P8,000.00 and costs of the suit. Other just and equitable reliefs are likewise prayed for. August 8, 2006, Manila City.

MARIA LOPEZ Attorney for Plaintiff

LOPEZ LAW OFFICES

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2  Floor RCBC Plaza, Ayala Avenue, Makati City Roll No. 123456 P.T.R. No. 1234567 / Manila / January 10, 2007 IBP No. 123456/ Manila / January J anuary 20, 2007 MCLE Compliance No. 123456 CERTIFICATION ON NON-FORUM SHOPPING + jurat

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 Section 7, Rule 8. Action or defense based on actionable document – Whenever an action or defense is based upon a written instrument or document, the substance of such instrument or document shall be s et forth in the pleading, and the original or a copy thereof shall be attached to the pleading as an exhibit , which shall be deemed to be a part of the pleading, or said copy may with .” like effect be set forth in the pleading .”

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 42 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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COMPLAINT (Several Causes of Action)

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION

BRANCH 27, MANILA

JUANA DELA CRUZ

Civil Case No.: 96-147807 Plaintiff,

- versus -

For: Collection of sum of money money

PEDRO SANTOS, Defendant. x---------------------------------x

COMPLAINT COMES NOW the plaintiff, by the undersigned counsel, and to this Honorable Court, respectfully alleges: First Cause of Action 1. That the plaintiff is of legal age, Filipino citizen and resident of 96 Kanlaon Street, Manila, while the defendant is also of legal age, Filipino citizen and a resident of 1246 Maria Cristina Street, Manila, where he may be served with summons; 2. That on or about June 14, 2006, defendant obtained a loan of P10,000.00 from from the plaintiff payable within 30 days from said date at 5% per annum; 3. That said loan, now overdue, is evidenced by a promissory note signed by the defendant, a copy of which is hereto attached as “Annex A” and made part of this complaint; 4. That despite repeated demands, demands, both written and and oral, defendant has has failed and refused to pay said loan; Second Cause of Action (on a second promissory note) 1. Plaintiff hereby incorporates the allegations of paragraph paragraph 1 of the first cause of action; 2. That on or about September 14, 2006, 2006, defendant defendant obtained a loan of P10,000.00 from the the plaintiff payable within 30 days from said date at 5% per annum; 3. That said loan, now overdue, is evidenced by a promissory note signed by the defendant, a copy of which is hereto attached as “Annex B” and made part of this complaint; 4. That despite repeated demands, demands, both written and and oral, defendant has has failed and refused to pay said loan; WHEREFORE, it is respectfully prayed that judgment be rendered in favor of plaintiff and against defendant to pay the plaintiff the sum of P 20,000.00 with interest at the rate of 5 per centum per annum

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 43 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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on each of the aforesaid notes, until full amount is paid and attorney’s fees in the amount of P10, 000.00 and costs of the suit. Other just and equitable reliefs are likewise prayed for. November 8, 2006, Manila, Philippines.

JUAN SANTOS Attorney for Plaintiff

SANTOS LAW OFFICES

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2  Floor RCBC Plaza, Ayala Avenue, Makati City Roll No. 123456 P.T.R. No. 1234567 / Manila / January 10, 2007 IBP No. 123456/ Manila / January J anuary 20, 2007 MCLE Compliance No. 123456

CERTIFICATION ON NON-FORUM SHOPPING + jurat

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 44 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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 ANSWER WITH SPECIAL AND AFFIRMATIVE AFFIRMATIVE DEFENSES AND COUNTERCLAIM COUNTERCLAIM

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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION

BRANCH 27, MANILA

JUANA DELA CRUZ

Civil Case No.: 96-147807 Plaintiff,

- versus -

For: Collection of sum of money money

PEDRO SANTOS, Defendant. x-----------------------------------x

ANSWER COMES NOW the defendant by the undersigned attorney and in answer to plaintiff’s complaint in the above-entitled case, respectfully alleges: 1.

Defendant admits the averment in paragraph 1, 2 and 3 of the complaint;

2.

Defendant specifically denies the allegation  in paragraph 4 of the complaint, the truth being that…. (State here the fact being claimed by the defendant as the true state of facts or the truth being those stated in the special and affirmative defenses herein set forth)

3.

Defendant has no knowledge or information to form a belief as to the truth of the averment in paragraphs 5, 6, 7 and 8 of the complaint;

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By way of special and affirmative defenses ,  defendant avers: 1. 2.

That the obligation has been paid; That the defendant had purchased said land from plaintiff and paid said promissory notes;

3.

That the cause of action has prescribed.

By way of counterclaim, defendant alleges: 1.

That by virtue of this unwarranted and malicious act initiated by the plaintiff, defendant was forced to engage counsel in i n the sum of P10,000.00.

WHEREFORE, it is respectfully prayed that the complaint be dismissed and defendant be awarded the amount of P20,000.00 Other just and equitable reliefs are likewise prayed for. February 8, 2006, Manila, Philippines.

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 Sections 5 – Defenses & Section 6 - Counterclaim, Rule 6  Section 10, Rule 8 on specific denial in relation to Section 5b, Rule 6 on affirmative defenses. 30   Section 5b, Rule 6; Affirmative defenses consist of: fraud, statute of limitations, release, payment, illegality, statute of frauds, estopppel, former recovery, discharge in bankruptcy and any other matter by way of conf ession and avoidance. 29

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 45 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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MARIA LOPEZ Attorney for Defendant

LOPEZ LAW OFFICES

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22  Floor RCBC Plaza, Ayala Avenue, Makati City Roll No. 123456 P.T.R. No. 1234567 / Manila / January 10, 2007 IBP No. 123456/ Manila / January J anuary 20, 2007 MCLE Compliance No. 123456 CERTIFICATION ON NON-FORUM SHOPPING + jurat PROOF OF SERVICE EXPLANATION

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 46 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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 ANSWER WITH SPECIFIC DENIAL DENIAL OF DOCUMENT UNDER UNDER OATH

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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION

BRANCH 27, MANILA

JUANA DELA CRUZ

Civil Case No.: 96-147807 Plaintiff,

- versus -

For: Collection of sum of money money

PEDRO SANTOS, Defendant. x---------------------------------x

ANSWER COMES NOW the defendant by b y the undersigned attorney, and in answer to plaintiff’s complaint, in the above-entitled case, respectfully alleges: 1.

That he specifically denies under oath the genuineness and due execution of the alleged promissory note, a copy of which is attached to Plaintiff’s complaint as Annex “A”;

2.

That the truth being that his signature thereon is forged and that he did not in fact sign the said instrument.

JOSE CRUZ Attorney for Defendant

CRUZ LAW OFFICE

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2  Floor, RCBC Plaza, Ayala Avenue, Makati City Roll No. 123456 P.T.R. No. 1234567 / Manila / January 10, 2008 IBP No. 123456/ Manila / January J anuary 20, 2008 MCLE Compliance No. 123456

VERIFICATION + jurat PROOF OF SERVICE EXPLANATION

31

  Section 8, Rule 8. How to contest such (actionable) documents – When an action or defense is founded upon a written instrument, copied in or attached to the corresponding pleading as provided in the preceding section, the genuineness and due execution of the instrument shall be deemed admitted unless the adverse party, under oath specifically denies them,and sets forth what he claims to be the facts , but the requirement of an oath does not apply when the adverse party does not appear to be a party to the instrument or when compliance with an order for an inspection of the original instrument is refused.

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 47 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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MOTION FOR POSTPONEMENT OF HEARING REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION

BRANCH 27, MANILA

JUANA DELA CRUZ,

Civil Case No.: 96-147807 Plaintiff,

- versus -

For: Collection of sum of money money

PEDRO SANTOS, Defendant. x-----------------------------------x

MOTION FOR POSTPONEMENT / CONTINUANCE COMES NOW, the defendant by the undersigned counsel and to this Honorable Court respectfully alleges: 1. That the above-entitled case was was set for trial on September 24, 2006 at 8:30 p.m.; 2. That the undersigned counsel had to attend attend a business meeting on September 24, 2006 which was previously set; 3. That his presence presence in said said meeting is indispensable, hence, will will not be able to attend attend the trial trial on the said date; 4. That this request for postponement of the hearing is not for the the purpose of delaying the trial of the case. WHERFORE, it is respectfully prayed that the hearing on September 24, 2006 be postponed to another day at the convenience of this Honorable Court. Manila, Philippines, September 12, 2006.

JOSE CRUZ Attorney for Defendant

CRUZ & ASSOCIATES

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2  Floor, RCBC Plaza, Ayala Avenue, Makati City Roll No. 123456 P.T.R. No. 1234567 / Manila / January 10, 2008 IBP No. 123456/ Manila / January J anuary 20, 2008 MCLE Compliance No. 123456

NOTICE OF HEARING PROOF OF SERVICE EXPLANATION

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 48 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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NOTICE OF HEARING The Clerk of Court Regional Trial Court of Manila Branch 111 Atty. Maria Dela Cruz Counsel for the Plaintiff 123 UN Avenue, Manila 33

Please take notice that the foregoing motion for postponement is set for hearing   on Friday, September 20, 2006 at 8:30 A.M. or as soon thereafter as counsel may be heard, the undersigned attorney will ask the RTC RT C of Manila, Branch 27 to grant the foregoing motion.

JOSE SANTOS Attorney for Defendant

SANTOS & ASSOCIATES

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2  Floor, RCBC Plaza, Ayala Avenue, Makati City Roll No. 123456 P.T.R. No. 1234567 / Manila / January 10, 2008 IBP No. 123456/ Manila / January J anuary 20, 2008 MCLE Compliance No. 123456 34

Copy served on: Atty. Petra Lopez Counsel for the Plaintiff 123 P. Faura St., Manila

33

 Section 5, Rule 15 (Motions). Notice of hearing – The notice of hearing shall be addressed to all parties concerned, and shall specify the time and date of the hearing which must be not later than 10 days after the filing of the motion  . 34  Section 4, Rule 15. Hearing of motion – “…Every written motion is required to be heard and the notice of hearing thereof shall be served in such a manner as to ensure its receipt by the other party at least 3 days before the date of hearing …”

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 49 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION

BRANCH 27, MANILA

JUANA DELA CRUZ,

Civil Case No.: 96-147807 Plaintiff,

- versus -

For: Collection of sum of money money

PEDRO SANTOS, Defendant. x-----------------------------------x

MOTION TO LIFT ORDER OF DEFAULT COMES NOW, the defendant by the undersigned counsel and to this Honorable Court, respectfully alleges: 1. That defendant filed a motion to dismiss on the the ground of novation and prescription, ten days after receipt of summons; 2. That Plaintiff had had not filed any position to said motion and no hearing was held on said motion motion to dismiss; 3. That while the the said motion to dismiss is still pending resolution, this Honorable Court declared defendant in default; 4. That the order order of default is premature and without legal basis since there there is still pending motion to dismiss unresolved by this court; 5. That the order order declaring defendant in default, was premature because the motion to dismiss the complaint on the point of lack of jurisdiction was still pending consideration by the Court. WHEREFORE, it is respectfully prayed that the order declaring the defendant in default be lifted and that this Honorable Court rule on the aforesaid pending motion to dismiss. Manila, November 20, 2003.

JUAN CRUZ Attorney for Defendant

CRUZ & ASSOCIATES

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2  Floor, RCBC Plaza, Ayala Avenue, Makati City Roll No. 123456 P.T.R. No. 1234567 / Manila / January 10, 2008 IBP No. 123456/ Manila / January J anuary 20, 2008 MCLE Compliance No. 123456 NOTICE OF HEARING PROOF OF SERVICE EXPLANATION

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 Section 3, Rule 9. Grounds for relief from order of default - fraud, accident, mistake or excusable negligence and defendant must have meritorious defense.

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 50 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION

BRANCH 27, MANILA

JUANA DELA CRUZ,

Civil Case No.: 96-147807 Plaintiff,

- versus -

For: Collection of sum of money money

PEDRO SANTOS, Defendant. x-----------------------------------x

MOTION TO DISMISS COMES NOW the defendant by his undersigned attorney, and to this Honorable Court respectfully moves that the complaint be dismissed on the following grounds: (here mention one or more grounds provided for in Rule 16, Rules of Court) ARGUMENTS (here set forth the reasons in support of the grounds mentioned) PRAYER WHEREFORE, it is respectfully prayed that the complaint be dismissed. Manila, November 20, 2003.

JOSE LOPEZ Attorney for Defendant

LOPEZ & ASSOCIATES

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2  Floor, RCBC Plaza, Ayala Avenue, Makati City Roll No. 123456 P.T.R. No. 1234567 / Manila / January 10, 2008 IBP No. 123456/ Manila / January J anuary 20, 2008 MCLE Compliance No. 123456

NOTICE OF HEARING PROOF OF SERVICE EXPLANATION 36

 Rule 16. Grounds for Motion to dismiss: 1. lack of jurisdiction over defendant or subject matter 2. improper venue 3. lack of legal capacity 4. litis pedentia 5. res judicata 6. statute of limitations 7. no cause of action 8. waiver 9. unenforceable 10. condition precedent not complied with

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 51 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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MOTION TO WITHDRAW WITH SUBSTITUTION OF COUNSEL

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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION

BRANCH 27, MANILA

JUANA DELA CRUZ

Civil Case No.: 96-147807 Plaintiff,

- versus -

For: Collection of sum of money money

PEDRO SANTOS, Defendant. x-----------------------------------x

MOTION TO WITHDRAW WITH SUBSTITUTION OF COUNSEL The Clerk of Court Regional Trial Court of Manila Branch 7 COMES NOW, Atty. Maria Lopez, counsel on record for the defendant and to this Honorable Court respectfully moves to withdraw as counsel of said defendant with the express consent of the said defendant as shown in this motion. That in substitution thereof, Atty. Ana Santos whose services have been engaged by b y defendant, hereby enters her appearance as counsel for the defendant. That upon approval of this Honorable Court, all pleadings, notices and papers in connection with rd this case be addressed to the new counsel, Atty. Santos, with address at 33  Floor, RCBC Plaza, Ayala Avenue, Makati City. Makati City, Philippines, May 17, 2008.

MARIA LOPEZ

ANA SANTOS

Former Attorney for Defendant

New Attorney for Defendant

2  Floor, RCBC Plaza, Ayala Avenue, Makati City Roll No. 123456 P.T.R. No. 1234567 / Manila / January 10, 2008 IBP No. 123456/ Manila / January 20, 2008 MCLE Compliance No. 123456

33 Floor, RCBC Plaza, Ayala Avenue, Makati City Roll No. 6789101 P.T.R. No. 7654321 / Makati / January 10, 2008 IBP No. 654321/ Makati / January 20, 2008 MCLE Compliance No. 654321

LOPEZ LAW OFFICES

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SANTOS LAW OFFICES

With defendant’s consent:

PEDRO SANTOS Copy served on: Atty. X Counsel for the Plaintiff 123 P. Faura St., Manila PROOF SERVICE EXPLANATION 37

 Section 26, Rule 138. Change of Attorneys – “An attorney may retire at any time fron any action or special proceeding, by the written consent of his client filed in court... 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 on, and written notice or the change shall be given t o the adverse party…”

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 52 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT BRANCH 27, MANILA

JUANA DELA CRUZ,

Civil Case No.: 96-147807 Plaintiff,

- versus -

For: Collection of sum of money money

PEDRO SANTOS, Defendant. x-----------------------------------x

MOTION TO INTERVENE COMES NOW the intervenor, JOSE SANTOS, by his undersigned counsel and to this Honorable Court respectfully prays that he be permitted to file a complaint (or answer) in intervention in the aboveentitled case, for the following reasons: 1. That he has legal interest in the matter under litigation, or in the success of either of the

parties, or an interest against both, or that he is so situated as to be adversely affected by the distribution or other disposition of property in the custody of the court of an officer

thereof; 2. That this intervention will not, in the least, unduly delay in this proceeding or prejudice the rights of the original parties  in the case; 3. That the intervenor’s rights can be fully protected in this proceeding  rather than by filing a separate proceeding. WHEREFORE, it is respectfully prayed that JOSE SANTOS be allowed to intervene as party plaintiff (or (or defendant ) and the attached complaint be admitted and served on the defendant ( or the answer be admitted and served to the plaintiff ). ). Manila City, Philippines, August 4, 2006.

MARIA LOPEZ Attorney for Intervenor

LOPEZ & ASSOCIATES

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2  Floor, RCBC Plaza, Ayala Avenue, Makati City Roll No. 123456 P.T.R. No. 1234567 / Manila / January 10, 2008 IBP No. 123456/ Manila / January J anuary 20, 2008 MCLE Compliance No. 123456 NOTICE OF HEARING PROOF OF SERVICE EXPLANATION 38

 Section 1. Who may intervene. — A person who has a legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both, or is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof may, with leave of court, be allowed to intervene in the action. The court shall consider whether or not the intervention will unduly delay or prejudice the adjudication of the rights of the original parties, and whether or not the intervenor's rights may be fully protected in a separate proceeding. (2[a], [b] a, R12) Section 2. Time to intervene. — The motion to intervene may be filed at any time before rendition of judgment by the trial court. A copy of the pleading-in-intervention shall be attached to the motion and served on t he original parties. (n)

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 53 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT BRANCH 27, MANILA

JUANA DELA CRUZ,

Civil Case No.: 96-147807 Plaintiff,

- versus -

For: Collection of sum of money money

PEDRO SANTOS, Defendant. x-----------------------------------x

MOTION FOR NEW TRIAL COMES NOW the defendant in the above-entitled case and by the undersigned attorney respectfully moves that the decision of this Honorable Hon orable Court dated October 26, 2007 and a nd received on November 2, 2007 be set aside and new trial be granted on the following grounds: (here give the grounds provided for in Rule 37, Rules of Court ; Court ; such as fraud, accident, mistake, or newly discovered evidence or excessive damages awarded) ARGUMENTS (here set forth the reasons in support of the ground/s mentioned)

WHEREFORE, it is respectfully prayed that the decision of this Honorable Court be set aside and new trial be granted.

Manila City, Philippines, November 5, 2006.

MARIA LOPEZ Attorney for Defendant

LOPEZ LAW OFFICES

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2  Floor, RCBC Plaza, Ayala Avenue, Makati City Roll No. 123456 P.T.R. No. 1234567 / Manila / January 10, 2008 IBP No. 123456/ Manila / January J anuary 20, 2008 MCLE Compliance No. 123456 40 

AFFIDAVIT OF MERITS  NOTICE OF HEARING PROOF OF SERVICE EXPLANATION

39

 Rule 37 New Trial or Reconsideration. Grounds for new trial: a. Fraud, accident, mistake or excusable negligence which ordinary prudence could not have guarded against and by reason of which such aggrieved party has probably been impaired of his rights, or b. Newly discovered evidence, which he could not, with reasonable diligence, have discovered and produced at the trial, and which if presented would probably alter t he result. 40  See next page for sample form

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 54 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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REPUBLIC OF THE PHILIPPINES CITY OF MANILA

) ) SS

AFFIDAVIT I, PEDRO SANTOS, of legal, single, and resident of 22 Rizal Street, Manila, after being sworn in accordance with law depose and say: 1.

That I am the defendant in the case entitled “Juana dela Cruz versus Pedro Santos”, docketed as Civil Case Number 123456 in the Regional Trial Court of Manila, Branch 47 in an action for collection of sum of money;

2.

That on January 23, 2006, the the date set for hearing, while on our way to the RTC of Manila to attend the hearing of the said case, a truck bumped the car in which my counsel and I were riding, causing serious physical injuries to my lawyer and myself, which necessitated our hospitalization for two months;

3.

The upon our failure to appear, the Honorable Judge of the RTC of Manila proceeded with the trial and thereafter rendered judgment against me for the amount of P80,000.00 with interest from January 1, 2005, plus costs;

4.

That if I be given the the chance to present evidence, I can show that that the amount being collected from me by the plaintiff has been fully paid as shown by the receipt, a copy f which is attached hereto as Anne 1 of this affidavit.

FURTHER AFFIANT SAYETH NAUGHT. City of Manila, Philippines, June 3, 2006.

PEDRO SANTOS Affiant

JURAT

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 Section 2, Rule 37. Contents of motion for new trial or reconsideration and notice thereof. — A motion for new trial shall be proved in the manner provided for proof of motion. A motion for the cause based on fraud, accident, mistake or excusable negligence shall be supported by affidavits of merits which may be rebutted by affidavits.

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 55 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT BRANCH 27, MANILA

JUANA DELA CRUZ,

Civil Case No.: 96-147807 Plaintiff,

- versus -

For: Collection of sum of money money

PEDRO SANTOS, Defendant. x-----------------------------------x

MOTION FOR EXECUTION OF JUDGMENT COMES NOW, the Plaintiff, by the undersigned counsel and to this Honorable Court respectfully shows: 1.

That a decision has been rendered in this case on April 24, 2007 in favor of the plaintiff and against the defendant;

2.

That the period for appeal has already expired without the defendant having perfected an appeal from said decision;

3.

That said decision is now final and executory.

WHEREFORE, it is respectfully prayed that an order be issued by this Honorable Court for a writ of execution of said judgment. Manila City, Philippines, June 30, 2007.

MARIA SANTOS Attorney for Plaintiff

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2  Floor, RCBC Plaza, Ayala Avenue, Makati City Roll No. 123456 P.T.R. No. 1234567 / Manila / January 10, 2008 IBP No. 123456/ Manila / January J anuary 20, 2008 MCLE Compliance No. 123456

NOTICE OF HEARING PROOF OF SERVICE EXPLANATION

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 Rule 39, Sections 1 and 6. Execution by motion may be made within 5 years from the date of entry of judgment. After the lapse of such time and before it is barred by the statute of limitations (5 years), a judgment may be enforced by action. The revived  judgment may also be enforced by motion with 5 years from date of entry and thereafter by action before it is barred by the statute of limitations.

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 56 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT BRANCH 27, MANILA

JUANA DELA CRUZ,

Civil Case No.: 96-147807 Plaintiff,

- versus -

For: Collection of sum of money money

PEDRO SANTOS, Defendant. x-----------------------------------x

NOTICE OF APPEAL COMES NOW the defendant by b y the undersigned attorney, and hereby files notice of appeal from the judgment of this Honorable Court in the above-entitled case, dated May 15, 2007 a copy of which was received by him on May 20, 2007, and appeals the same to the Court C ourt of Appeals.

Manila City, Philippines, May 25, 2007.

MARIA JOSE Attorney for Defendant

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2  Floor, RCBC Plaza, Ayala Avenue, Makati City Roll No. 123456 P.T.R. No. 1234567 / Manila / January 10, 2008 IBP No. 123456/ Manila / January J anuary 20, 2008 MCLE Compliance No. 123456

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 Rule 41 Appeal from the RTC. Section 2 (a) Modes of appeal – ordinary appeal. Appeals to the CA in cases decided by the RTC in the exercise of its original  jurisdiction shall be taken by filing a notice of appeal with the court which rendered the judgment or final order appealed from, and service a copy thereof upon the adverse party. Section 3 – Period of Appeal. The appeal shall be taken within 15 days f rom notice of the judgment or final order appealed from. Section 5 – Notice of Appeal. The notice of appeal shall indicate the parties to the appeal, specify the judgment or final ordered or part thereof appealed from, specify the court to which the appeal is being taken, and state the dates showing the timeliness of the appeal.

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 57 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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INTERPLEADER 

REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT BRANCH 27, MANILA

JUANA DELA CRUZ

Civil Case No.: 96-147807 Plaintiff,

- versus -

For: Interpleader

JUAN CRUZ and PEDRO SANTOS Defendants. x-----------------------------------x

COMPLAINT COMES NOW the plaintiff by the undersigned attorney, and unto this Honorable Court, respectfully avers: 1.

That the plaintiff and the defendants are all of legal age, and residents of Manila, Philippines; That on or about November 8, 2006, the plaintiff found a certain personal property described as (state description of property involved), in front of her house in 32 España, Manila, without knowing who is the true owner thereof; That the said personal property is now in the possession of the plaintiff; That on or about November 10, 2006, the defendants presented themselves to the plaintiff, each claiming to be the true and exclusive owner of the property in question; That the plaintiff, who claims no interest whatsoever in the subject matter of this

2.

3. 4. 5.

action, cannot determine the conflicting claims of the defendants;

6.

That the plaintiff brings this action against the conflicting claimants to compel them to interplead and litigate their several claims cla ims among themselves.

WHEREFORE, it is respectfully prayed of this Honorable Court: To issue an order summoning the defendants to interplead with one another so as to determine their respective rights and claims ; To allow plaintiff to recover his expenses of safekeeping, and the costs of this suit , to be charged as first lien upon the subject matter of this action.

1. 2.

Manila City, Philippines, November 15, 2006.

JOSE SANTOS Attorney for Defendant

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2  Floor, RCBC Plaza, Ayala Avenue, Makati City Roll No. 123456 P.T.R. No. 1234567 / Manila / January 10, 2008 IBP No. 123456/ Manila / January 20, 2008 MCLE Compliance No. 123456

CERTIFICATION ON NON-FORUM SHOPPING + jurat 44

 Rule 62. When interpleader proper. Whenever conflicting claims upon the same subject matter are or may be made against the person who claims no interest whatever in the subject matter, or an interest which in whole or in part is not disputed by the claimants, he may bring an action against the conflicting claimants to compel them to interplead and litigate their several claims among themselves.

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 58 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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PETITION FOR GUARDIANSHIP / APPOINTMENT OF GUARDIAN

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REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT BRANCH 27, MANILA

In the Matter of Guardianship Proceedings of the minor BABY X

Sp. Proc. No.: 96-147807 For: Guardianship

JOSE DE LEON, Petitioner. x-----------------------------------x

PETITION COMES NOW the petitioner, by the undersigned counsel and unto this Honorable Court, respectfully avers: 1.

That the petitioner is of legal age, age, single, and and resident of 12 Espana, Espana, Manila and is the maternal uncle of the ward BABY X;

2.

That the said ward is a minor, minor, who at tthe he time of the the filing of this this petition, is only of 2 years of age and is a resident of 14 Espana, Manila;

3.

That the the parents parents of said minor are currently currently residing residing in Paris, France;

4.

That the said ward is seized of real and personal property located in Fairview, Quezon City, City, of the the probable value of TWENTY MILLION PESOS;

5.

That the names, ages and residences of the persons and relatives of said Baby X and of the person having him in his care are as follows: NAME

AGE

JOSE DE LEON MARIA SANTOS

55 15

RELATION TO MINOR Maternal uncle Paternal aunt

ADDRESS 12 Espana, Manila 42 Taft Avenue, Manila

6.

That the said ward is seized of real and personal property located in Fairview, Quezon City, City, of the the probable value of TWENTY MILLION PESOS;

7.

That the said ward is seized of real and personal property located in Fairview, Quezon City, City, of the the probable value of TWENTY MILLION PESOS;

8.

That, as above stated, Jose de Leon is the person person having said minor in his care, and that he possess all qualifications to whom letters of guardianship should issue.

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  Section 7, Rule on Guardianship of Minors. Contents of Petition  – A petition for the appointment of a general guardian m ust allege the following: a. the jurisdictional facts b. the name, age and residence of the prospective ward c. the ground rendering the appointment necessary or convenient d. the death of the parents of of the minor or the termination or deprivation deprivation or suspension of of their parental parental authority e. the remarriage of the minor’s surviving parent th f. the names, ages and residences of relative within the 4  civil degree of the minor and of person having him in their care and custody g. the probably probably value, value, character and location location of the property property of the minor h. the name, age and residence of the person for whom letters of guardianship guardianship are prayed. The petition shall be verified and accompanied by a certification gains forum shopping.

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 59 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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PRAYER WHEREFORE, it is respectfully prayed that, upon due notice and hearing, and upon the giving of such bond as this Honorable Court may order, the herein petitioner Jose De Leon be appointed guardian of the person and estate of the ward Baby X. Manila City, Philippines, February 25, 2006.

MARIA LOPEZ Attorney for Petitioner

LOPEZ LAW OFFICES

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2  Floor, RCBC Plaza, Ayala Avenue, Makati City Roll No. 123456 P.T.R. No. 1234567 / Manila / January 10, 2008 IBP No. 123456/ Manila / January J anuary 20, 2008 MCLE Compliance No. 123456

VERIFICATION + jurat CERTIFICATE OF NON-FORUM SHOPPING + jurat

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 60 of 71

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PETITION FOR LETTERS OF ADMINISTRATORSHI ADMINISTRATORSHIP P

F O R M S

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REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT BRANCH 27, MANILA

Sp. Proc. No.: 96-147807 In the Matter of the Intestate Estate of FERNANDO POE, JR.

For: Administratorship

SUSAN ROCES, Petitioner. x-----------------------------------x

PETITION COMES NOW, the petitioner by the undersigned counsel and unto this Honorable Court respectfully alleges: 1.

That the petitioner is of legal age, single, and resident of 57 Roxas Boulevard, Manila;

2.

The she is the legitimate spouse of deceased who died intestate in the City of Manila on January 13, 2006.

3.

That the the deceased Fernando Poe, Jr. left the following legal heirs, to wit: wit: NAME

AGE

Susan Roces

65

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5.

6.

RELATION TO DECEASED Wife

ADDRESS 57 Rozas Blvd, Manila

That the deceased left left the following real and personal properties, properties, to wit: wit: CHARACTER

LOCATION

Residential Lot Personal Properties

Sucat, Paranaque

PROBABLE VALUE P20,000,000.00 50,000,000.00

That, as far as petitioner knows, the following are the names of the creditors creditors of the decedent, decedent, to wit: NAME

ADDRESS

Dolphy Quizon Joseph Estrada

Makati City San Juan

AMOUNT OF CREDIT P1,000.00 500.00

That decedent died leaving neither descendants nor ascendants whether legitimate or otherwise, and petitioner is the surviving spouse of said decedent.

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 Section 6, Rule 78. Letters Testamentary and of Administratorship, when and to whom issued – If no executor is named named in the will or the executor are incompetent, refuse the trust or fail to give bond, or a person dies intestate. Section 2, Rule 79. Contents of Petition for LOA – A petition for letters of administration must be filed by an interested person and must show, so far as known to the petitioner: a. the jurisdictional jurisdictional facts (fact of death death and residence of decedent); b. the names, ages, ages, and residences residences of of the heirs, heirs, and the names and residences of of the creditors creditors of the decedent; c. the probable probable value and character of the property of the e estate; state; d. the name of the person for whom whom the letters of administration are prayed. prayed. But no defect in the petition shall render void the issuance of letters of administration.

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 61 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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PRAYER WHEREFORE, it is prayed that, after due notice and hearing abd the giving of a bond in the sum fixed by this Honorable Court, letters of administration of the estate of the deceased Fernando Poe, Jr. be issued to petitioner Susan Roces. Manila, Philippines, February 28, 2006

MARIA LOPEZ Attorney for Petitioner

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LOPEZ & ASSOCIATES LAW OFFICES

2  Floor, RCBC Plaza, Ayala Avenue, Makati City Roll No. 123456 P.T.R. No. 1234567 / Manila / January 10, 2008 IBP No. 123456/ Manila / January J anuary 20, 2008 MCLE Compliance No. 123456

VERIFICATION + jurat CERTIFICATION OF NON-FORUM SHOPPING + jurat

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 62 of 71

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PETITION FOR HABEAS CORPUS

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REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT OF METRO MANILA M ANILA Manila, Branch VII In the Matter of the Petition for Habeas Corpus of JUAN DELA CRUZ,

Sp. Proc. No.: 08-025

For: HABEAS CORPUS MARIA DELA CRUZ, Petitioner. x---------------------------x

PETITION FOR A WRIT OF HABEAS CORPUS COMES NOW, petitioner by the undersigned attorney, and to this Honorable Court, respectfully alleges: 1. That petitioner is of legal age, Filipino, single and residing at 33 Arlegui Street, Street, Manila; 2. That petitioner is the sister of JUAN DELA CRUZ, who was arrested by SPO1 Joseph Santos Santos on December 30, 2007 for alleged participation in a Robbery with Homicide case; 3. That said Juan dela Cruz was arrested arrested at 11:45 pm at our residence at 33 Arlegui Street, Manila and taken to Police Sub-station 22, Sto. Nino Street, Manila and has been detained since December 30, 2007 up to the present; 4. That the herein petitioner has learned from reliable reliable sources that Juan dela Cruz is being unlawfully detained and restrained of his liberty by SPO1 Joseph Santos; 5. That the confinement of said Juan dela Cruz under the circumstance stated stated is utterly without legal authority. WHEREFORE, it is respectfully prayed that a Writ of Habeas Corpus be issued by this Honorable Court, directed to SPO1 Joseph Santos, commanding the latter to have the body of Juan dela Cruz before this court at the time and place therein specified, and to summon said SPO1 Joseph Santos then and there to appear and to show cause of the detention of said Juan dela Cruz; and that after due proceedings, the said Juan dela Cruz be restored to his liberty and forthwith discharged from confinement. Petitioner further prays for such other relief as this Honorable Court may deem just and equitable under the premises. Manila, Philippines, January 5, 2008.

MARIA LOPEZ Attorney for Defendant

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LOPEZ & ASSOCIATES LAW OFFICES

2  Floor, RCBC Plaza, Ayala Avenue, Makati City Roll No. 123456 P.T.R. No. 1234567 / Manila / January 10, 2008 IBP No. 123456/ Manila / January 20, 2008 MCLE Compliance No. 123456 VERIFICATION + jurat CERTIFICATE OF NON-FORUM SHOPPING +jurat

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 Rule 102 Habeas Corpus. The writ of habeas corpus shall extend to all cases of illegal confinement or detention by which any person is deprived of his liberty or by which the rightful custody of any person is withheld from the person entitled thereto.

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 63 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION

MUNICIPAL TRIAL COURT BRANCH 27, MANILA

PEOPLE OF THE PHILIPPINES Plaintiff, - versus -

Criminal Case No.: 07-147807 For: Acts of Lasciviousness

PEDRO CRUZ, Accused. x-----------------------------------x

COMPLAINT The undersigned, JUANA SANTOS, accuses PEDRO CRUZ of the crime of an ACT OF LASCIVIOUSNESS, committed as follows, to wit: That on or about January 20, 2007, in the City of Manila, Philippines, within the jurisdiction of this Court, the said accused, actuated by lust, did then and there, willfully, unlawfully, and feloniously, commit an act of lasciviousness upon the undersigned by then and there embracing and kissing her and touching her breasts, against her will, and by means of force. st

Manila, Philippines, this 1  day of February, 2007.

JUANA SANTOS Offended Party st

SUBSCRIBED AND SWORN to before me, this 1  day of February, 2007 in the City of Manila, Philippines, affiant exhibiting before me her Community Tax Certificate No. 14344, issued at Manila, Philippines on February 1, 2007.

ANA LOPEZ City Prosecutor

WITNESSES:

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 Rule 110 Prosecution of Offenses Section 2. The complaint or information – the complaint of 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. Section 3. Complaint defined – 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 t he law violated. Section 5. Who must prosecute – The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse…The offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents or guardian…If the offended party dies or becomes insane before she can filed the complaint, and she has no known parents, grandparents or guardian, the State shall initiate the criminal action in her behalf…No criminal action for defamation which consists in the imputation of any of the offenses mentioned above shall be brought except at the instance of and upon complaint filed by the offended party.

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 64 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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CRIMINAL INFORMATION (for Acts of Lasciviousness) with CERTIFICATE OF PRELIM INVESTIGATION

REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT BRANCH 27, MANILA

PEOPLE OF THE PHILIPPINES Plaintiff, - versus -

Criminal Case No.: 07-147807 For: Acts of Lasciviousness

PEDRO CRUZ, Accused. x-----------------------------------x

INFORMATION49 The undersigned, provincial fiscal,  fiscal,   upon sworn complaint originally filed by the offended party , accuses PEDRO CRUZ of the crime of Acts of Lasciviousness, committed as follows: That on or about January 20, 2007, in the City of Manila, Philippines, within the jurisdiction of this Court, the said accused, actuated by lust, did then and there, willfully, unlawfully, and feloniously, commit an act of lasciviousness upon the undersigned by then and there embracing and kissing her and touching her breasts, against her will, and by means of force. Contrary to law. st

Manila, Philippines, this 1  day of February, 2007.

MARIA DELA CRUZ Public Prosecutor WITNESSES

CERTIFICATION

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  Rule 110, Section 4. Information defined. – An information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court. Section 6. Sufficiency of complaint or information. – A complaint or information is sufficient if it states: a. the name of the accused b. the designation of the offense given by the statute c. the acts or omissions complained of as constituting the offense d. the name of the offended party e. the approximate date of the commission of the offense , and f. the place where the offense was committed.

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 65 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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CERTIFICATION

CERTIFICATION This is to certify that a preliminary investigation has been conducted in accordance with law; that the complainant and her witnesses have been examined and that on the basis of the sworn statements and other evidence submitted, there is reasonable ground to believe that the crime has been committed and the accused are probably guilty thereof, that the accused were informed of the complaint and the evidence submitted against them , and that they were given an opportunity to submit contrary evidence.

ANA LOPEZ Assistant City Prosecutor

JURAT

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 All informations for offenses filed by the city or provincial prosecutors must contain a certification under oath by the investigating fiscal that before filing the case he had previously conducted a preliminary investigation wherein the accused was given a chance to appear. In addition, the approval by the City or Provincial Prosecutor is also required by law before any information may be filed by an assistant fiscal.

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 66 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT BRANCH 27, MANILA

PEOPLE OF THE PHILIPPINES Plaintiff, - versus -

Criminal Case No.: 07-14344 For: Rape

PEDRO CRUZ, Accused. x-----------------------------------x

PETITION FOR BAIL COMES NOW the defendant in the above-titled case by his undersigned attorney and respectfully states: 1. That the defendant defendant is presently in custody of the law for the the alleged commission of of a capital offense and is being detained at Camp Bagong Diwa; 2. That no bail has been recommended recommended for his temporary release, release, on the assumption that the evidence of guilt is strong; 3. That the burden of showing that evidence of guilt is strong is on the prosecution, and and unless this fact is satisfactorily shown, the defendant may m ay be bailed at the court’s discretion. d iscretion.

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 RULE 114 BAIL Section 4. 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. (4a) Section 5. 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 t o 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 t o the accused, of the following or ot her 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; (d) That the circumstances of his case indicate t he probability of flight if released on bail; or (e) That there is undue risk t hat he may commit another crime during the pendency of the appeal. The appellate court may, motu proprio or on motion of any party, review the resolution of the Regional Trial Court after notice to the adverse party in either case. (5a) Section 7. 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. (7a) Section 8. 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. The evidence presented during the bail hearing shall be considered automatically reproduced at the trial, but upon motion of either party, the court m ay recall any witness for additional examination unless the latter is dead, outside the Philippines, or otherwise unable to testify. (8a)

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 67 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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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, Philippines, March 1, 2007.

MARIA LOPEZ Attorney for Accused nd 2  Floor, Valero Towers, 122 Valero Street, Makati City

NOTICE OF HEARING PROOF OF SERVICE EXPLANATION

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 68 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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MOTION TO QUASH

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REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT BRANCH 27, MANILA

PEOPLE OF THE PHILIPPINES Plaintiff, - versus -

Criminal Case No.: 07-14344 For: Rape

PEDRO CRUZ, Accused. x-----------------------------------x

MOTION TO QUASH COMES NOW, the accused in the above titled case by the undersigned attorney respectfully moves to quash the information filed against him on the following grounds: 1. That the officer who filed the information had no authority to do so, and 2. That the criminal action or liability had been extinguished. ARGUMENTS (state the grounds in support of the motion to quash; grounds must be those stated in the ROC) PRAYER WHEREFORE, in view of the foregoing, it is respectfully prayed that the above-entitled information be quashed and accused by b y discharged. City of Manila, Philippines, March 1, 2007.

MARIA LOPEZ Attorney for Accused nd 2  Floor, Valero Towers, 122 Valero Street, Makati City NOTICE OF HEARING PROOF OF SERVICE EXPLANATION  52

 RULE 117 MOTION TO QUASH. Section 1. Time to move to quash. — At any time before entering his plea, the accused may move to quash the complaint or information. (1) Section 2. Form and contents. — The motion to quash shall be in writing, signed by the accused or his counsel and shall distinctly specify its factual and legal grounds. The court shall consider no ground other than those stated in the motion, except lack of  jurisdiction over the offense charged. (2a) Section 3. Grounds. — The accused may m ove to quash the complaint or information on any of the following grounds: (a) That the facts charged do not constitute an offense; (b) That the court trying t he case has no jurisdiction over the offense charged; (c) That the court trying the case has no jurisdiction over the person o f the accused; (d) That the officer who filed the information had no authority to do so; (e) That it does not conform substantially to the prescribed form; (f) That more than one offense is charged except when a single punishment for various offenses is prescribed by law; (g) That the criminal action or liability has been extinguished; (h) That it contains averments which, if true, would constitute a legal excuse or justification; and (i) That the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without hi s express consent. (3a) Section 9. Failure to move to quash or to allege any ground therefor. — The failure of the accused to assert any ground of a motion to quash before he pleads to the complaint or information, either because he did not file a motion to quash or failed to allege the same in said motion, shall be deemed a waiver of any objections based on the grounds provided for in paragraphs (a), (b), (g), and (i) of section 3 of this Rule. (8)

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 69 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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DEMURRER TO EVIDENCE 53

REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT BRANCH 27, MANILA

PEOPLE OF THE PHILIPPINES Plaintiff, - versus -

Criminal Case No.: 07-14344 For: Rape

PEDRO CRUZ, Accused. x-----------------------------------x

DEMURRER TO EVIDENCE Accused PEDRO CRUZ, by the undersigned counsel and pursuant to leave granted by this Honorable Court in its order dated 20 May 2007, respectfully submits this motion to dismiss by way of demurrer to evidence and alleges that: INDICTMENT (state the crime for which the accused is charged and its elements) EVIDENCE FOR THE PROSECUTION (state the evidence present by the prosecution in support of its charge) ARGUMENTS (state the grounds why the case should be dismissed; insufficiency of evidence should be among those enumerated, state why the same are insufficient) PRAYER WHEREFORE, in view of the foregoing, it is respectfully prayed that the above-entitled information be quashed and accused by b y discharged. City of Manila, Philippines, March 1, 2007.

MARIA LOPEZ Attorney for Accused nd 2  Floor, Valero Towers, 122 Valero Street, Makati City PROOF OF SERVICE EXPLANATION  53

 Rule 119 Trial. Section 23. Demurrer to evidence. — After the prosecution rests its case, the court may dismiss the action on the ground of insufficiency of evidence (1) on its own init iative after giving the prosecution the opportunity to be heard or (2) upon

demurrer to evidence filed by the accused with or without leave of court. If the court denies the demurrer to evidence filed with leave of court, the accused may adduce evidence in his defense. When the demurrer to evidence is filed without leave of court, the accused waives the right to present evidence and submits the case for  judgment on the basis of the evidence for the prosecution. (15a) The motion for leave of court to file demurrer to evidence shall specifically state its grounds and shall be filed within a non-extendible period of five (5) days after the prosecution rests its case. The prosecution may oppose the motion within a non-extendible period of five (5) days from its receipt. If leave of court is granted, the accused shall file the demurrer to evidence within a non-extendible period of ten (10) days from notice. The prosecution may oppose the demurrer to evidence within a s imilar period from its receipt. The order denying the motion for leave of court to file demurrer to evidence or the demurrer itself shall not be reviewable by appeal or by certiorari before judgment. (n)

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 70 of 71

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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NOTES:

LEGAL FORMS LEGAL FORMS - ADVISER: Atty. Fredrick Fern Belandres LEGAL ETHICS & PRACTICAL EXERCISES–HEAD:  Judith Cruz; CO-HEAD:  Jamil Estorninos; LEGAL ETHICS - HEAD: Jamil Estorninos; LEGAL FORMS–HEAD: Vangie Co. Page 71 of 71