Legal Forms

Legal Forms - Sample Form of Answer with Special and Affirmative Defenses and Counterclaim ANSWER Defendant, by counsel, 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 on paragraphs 5, 6, 7 and 8 of the complaint; By way of special and affirmative defenses, defendant avers: 4. (state defenses, e.g. that the obligation has already been paid) By way of counterclaim, defendant alleges: 5. (state counterclaim, e.g. attorney’s fees at Php50,000.00) WHEREFORE, it is respectfully prayed that the complaint be dismissed and defendant be awarded the amount of _________________ pesos (Php____________). Other reliefs just and equitable under the premises are likewise prayed or. ________ City, Philippines, this _____ day of _______2011. Name ____________________________ Office Address_____________________ Roll of Attorney No. ________________ PTR No.___, ___ (date and place of issue) IBP No. ____, ___ (date of issue) (chapter) MCLE Compliance No. _______________ Copy furnished: _________________________________ Name and Address of adverse counsel PROOF OF SERVICE (affidavit of service by mail) EXPLANATION

Legal Forms - Sample Form of Answer with Specific Denial of Document Under Oath THAT defendant, by counsel,,specifically denies under oath the genuineness and due execution of the instrument a copy of which is attached to Plaintiff’s complaint as Annex “A”, the truth being that his signature thereon is forged and that he did not in fact sign the said instrument.

Legal Forms - Sample Form of Motion for Bail 1. That the defendant is presently in custody of the law for the alleged commission of a capital offense and is being detained at ____________; 2. That no bail has been recommended for his temporary 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 unless this fact is satisfactorily shown, the defendant may be granted bail at the court’s discretion. 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.

AFFIDAVIT OF COMPLAINTS FOR ATTEMPTED KIDNAPPING/ABDUCTION, GRAVE THREATS, OBSTRUCTIONS OF JUSTICE AND KIDNAPPING/ABDUCTION I MR. EDWIN B. DIMAANO, FILIPINO, 33 YEARS OLD (DATE OF BIRTH: DECEMBER 28, 1977), THE B.S.A. WITH M.B.A. AND THE INDEPENDENT GENERAL CONTRACTOR WITH RESIDENCE ADDRESS AT 0663 PUROK 4 SAN MIGUEL HAGONOY BULACAN PHILIPPINES 3002 COMES NOW, BEING THE COMPLAINANT, UNTO THIS HONORABLE OFFICE, MOST RESPECTFULLY STATES IN ACCORDANCE WITH THE LAW: 1.

THAT ATTACHED IS THE ANNEX 1 THE CERTIFIED TRUE XEROX COPY OF THE POLICE BLOTTER STATING THAT DECEMBER YEAR 2010 THE GANG OF SERLEONIDAS (KABO) M. VIRI TRIED TO KIDNAP/ABDUCT ME BY CRIMINAL CONSPIRACY PLAN OF THE OTHER ACCUSED RESPONDENTS OF THE RELATED CASES I HAD FILED SO THAT THEY CAN OBSTRUCT MY JUSTICE THREATENED ME TO STOP THE CRIMINAL CASE NUMBER 09-510 ON THE MUNICIPAL TRIAL COURT OF HAGONOY BULACAN.

2.

THAT IN REFERENCE WITH THE CASES FILED IN THE PROVINCIAL PROSECUTOR OFFICE NPS DOCKET NUMBER III-04INV-10G-01682 ABOUT DR. GINA GATMAITAN’S THREATS, DEFAMATIONS THROUGH TEXTS TO CONFUSE ME FOR OBSTRUCTIONS OF JUSTICE ARE OBVIOUSLY RELATED ATTACHED BEING THE ANNEX 2 THE CERTIFIED TRUE XEROX COPY OF POLICE BLOTTER SECONDED BY ENGR. OCAMPO AFTER DRA.

GINA GATMAIN STOPPED ATTACHED BEING THE ANNEX 3 THE CERTIFIED TRUE XEROX COPY OF THE POLICE BLOTTER. 3.

THAT THE PERJURIOUS MALICIOUS BLOTTER DONE BY THE PARENTS OF LITO GARCIA AND ALEX APON TO CONCEAL THE ACTUATIONS OF THEIR RESPECTIVE SON BEING THE CULPRITS ON THE INCIDENT ON JUNE 11, 2009 WAS INTENTIONAL IN BAD FAITH TO RUIN ME SO THAT THEY CAN EVEN HAVE A REASON FOR KIDNAPPING/ABDUCTION OF WHICH THEY HAD FAILED BECAUSE IT CAME TO MY KNOWLEDGE AND AS YOU CAN SEE THEY ARE ALL BLOTTERED TO THE AUTHORITIES SO I HAD AVOIDED THAT IT BECAME AN ATTEMPTEDKIDNAPPING/ABDUCTION.

4.

THAT ATTACHED BEING THE ANNEX 4 IS THE OWN HANDWRITTEN LETTER OF MY MOTHER MRS. AURORA V. BALATBAT DIMAANO, SHE TENDERED TO ME, THAT REVEALS THEIR BAD FAITH PLAN CONSPIRED THAT BROUGHT TO ATTEMPTED KIDNAPPING/ABDUCTION AND GRAVE THREATS INCLUDING THREATS TO ALL THE PROPERTIES OF MY MOTHER MRS. AURORA V. BALATBAT DIMAANO AND A PARCEL OF LAND NAME TO ME FROM MY MOTHER’S RIGHTS FROM MY GRANDPARENTS. THAT THE INFORMATION LIKE MERGER/CONSOLIDATION OF CASES THEY HAD UNFAIRLY REVERSED INFORMATION ON THEIR UNFAIR CREDIT TO THREAT ME AND UNFAIRLY TRIED TO UNFAIRLY MANIPULATE. IN FACT THAT I AM THE ONE WHOM HAD REQUESTED/REQUIRED ON MY AFFIDAVITS FOR CONSOLIDATION/MERGER OF THE CASES TO REVEAL THEIR CRIMINAL CONSPIRACY OF ALL THE ACCUSED ON NUMEROUS CASES OF THEIR WIDE OBSTRUCTIONS OF JUSTICE THAT HAD RUINED MY PAST AND THEY TRIED TO RUIN ME AGAIN TO MY MOTHER HOWEVER THEY HAD FAILED AND THAT I MUST NOT BE DEPRIVE OF MY LIBERTY.

5.

THAT THIS CRIMINAL CONSPIRACY FOR ATTEMPTED KIDNAPPING/ABDUCTION PROVES WHAT THEY HAD DONE TO REPEAT THE OBSTRUCTIONS OF JUSTICE DONE BY KIDNAPPING/ABDUCTION THAT HAD HAPPENED NOVEMBER 13, YEAR 2000 OF THE NPS DOCKET NUMBER III-04-INV-10G-01682 CASES OF DR. ROBERTO (JOJO) RAMIREZ OF BULACAN DRUG REHABILITATION FOUNDATION INC. (B.D.R.F.I.) HOWEVER THEY HAD FAILED TO REPEAT IT.

6.

THAT THE PROBABLE CAUSES OR GRAVE MOTIVES OF THE ABDUCTION OR KIDNAPING NOVEMBER 2000 ON NPS DOCKET NUMBER III-04-INV-10G-01682, RELATED CASES AND OF THIS CASE STARTED FROM:

6.1

ANG PAGBANGGIT NI SERLEONIDAS (KABO) M. VIRI NA SIYA AY NANGHOHOLDAP (HOLD-UP) SA RECTO MATAPOS NA AKO AY NAKAPAGRESIGNED SA ALLIED BANKING CORPORATION AT SA AKING HINDI PAGSANG-AYON AT HINDI PAKIKIISA KAY SERLEONIDAS (KABO) M. VIRI AT SA KANYANG MGA GRUPO AY TUMINDI ANG UNJUST VEXATION OR DEFAMATIONS AT NAGKAROON NG ABDUCTION DATED NOVEMBER 13, 2000 IN THE EVENING AND THE DEFAMATIONS CONTINUED BEFORE THIS CASE INCIDENT YEAR 2000 TO REVEALS THEIR CRIMINAL

CONSPIRACY THEY TRIED TO REPEAT HOWEVER THEY HAD FAILED. 6.2

ANG PAGDAING KO SA AKING MOTHER NA SI GNG. AURORA VIRI BALATBAT DIMAANO SA LABIS NA PAGSAKIT NG AKING TIYAN O PAGKAKALASON MATAPOS NA UMINOM NG SOFTDRINKS NA COCA COLA O COKE SOFTDRINKS NA NABUKSAN NA AT BAWAS NA MULA SA REFRIGIRATOR NA PILIT KONG PINAGLABANAN ANG SAKIT HUWAG LAMANG IKASAWI NG AKING BUHAY.

6.3

ANG PAGKAKITA KO NG DALAWANG BOTE NA ANG ISA AY MAY MARKANG LASON NA MARKANG BUNGO AT EKIS AT YUNG ISANG BOTE AY WALANG MARKA NA MAGKAPAREHONG BOTE SA SILID/KWARTO NG YUMAO AT MATAPOS NA MAILIBING SI LORENZO BALATBAT NA AKING LOLO (GRANDPARENT/GRANDFATHER).

6.4

AT IBA PA TULAD NG SA LUPA AT MGA “ADDITIONAL INFORMATION” NA MABABASA SA CD POWERPOINT PRESENTATION SUBMITTED/FILED IN THE N.P.S. REGION III OFFICE OF THE PROVINCIAL PROSECUTOR DATED 01.04.2010. REFERENCE: CD/ COPY OF THE ILLUSTRATIONS OF THE EVENT/INCIDENT ON JUNE 11, 2009 COMPOSED OF 31 SLIDES/PAGES TOGETHER WITH THE AFFIDAVIT FILED JANUARY 4, 2010.

7.

THAT IT CAN BE CLEARLY STATED THAT ONE OF THE MASTER MINDS OR MAIN CULPRITS OF THE CRIMINAL CONSPIRACY GANGS IS SERLEONIDAS (KABO) M. VIRI THE MANAGER/HEAD OF SKYBLUE FUNERAL WHO HAD INFLUENCED SOME OF THE NEIGHBORHOOD OF PUROK 4 SAN MIGUEL HAGONOY BULACAN WHERE HIS RESIDENCE AND SKYBLUE FUNERAL IS ALSO LOCATED OTHER THAN THE UNIDENTIFIED PERSON WHO WAS SAID TO BE AN INFLUENCIAL PERSON AND HIS RELATIVE, THUS FOR ALMOST ALL OF THE CULPRITS ON JUNE 11, 2009 WERE SKYBLUE FUNERAL BOYS ON SERLEONIDAS (KABO) M. VIRI’S INFLUENCED, THUS FOR, INFORMATIONS COMING FROM B.D.R.F.I. OF ROBERTO (JOJO) RAMIREZ BEING ANOTHER GANG BECAME THE SOURCE OF UNJUST VEXATIONS/DEFAMATIONS AND OTHER FORMS OF OBSTRUCTIONS OF JUSTICE YOU CAN READ AND REFERENCE ON NPS DOCKET NUMBER III-04-INV-10G-01682 WITH THE MOTION FOR RECONSIDERATION UPGRADED TO KIDNAPPING/ABDUCTION OF THE INCIDENT YEAR 2000 WITH THE DEMAND OF DEATH PENALTY FOR THE ACCUSED AND RESERVED CIVIL CASES FOR DAMAGES FILED DATED 07.22.2011 3:35PM PLUS THIS NEW FILE AFFIDAVIT OF COMPLAINTS BY THE SAME DEMAND OF DEATH PENALTY TO SERLEONIDAS (KABO) M. VIRI WITH THE RESERVED CIVIL CASE FOR DAMAGES.

8.

THAT THE NUMEROUS CASES I HAD FILED ORIGINATED/STARTED FROM THE INCIDENTS EVERSINCE YEAR 2000 THAT WAS BROUGHT UP TO THE JUDICIAL PROCEEDINGS BY THE INCIDENT ON JUNE 11, 2009 OF LESS SERIOUS PHYSICAL INJURIES RESULTED FROM GRAVE GANG ASSAULTS, DEFAMATIONS, ATTEMPTED MURDER, FRUSTRATED HOMICIDE AND OBSTRUCTIONS OF JUSTICE OF CRIMINAL CASE NUMBER 09-

510, FOLLOWED BY NUMEROUS INCIDENTS EVEN AFTER JUNE 11, 2009 THAT INCLUDES THIS ATTEMPTED ABDUCTION/KIDNAPPING DECEMBER YEAR 2010, GRAVE THREATS, AND OBSTRUCTIONS OF JUSTICE YOU CAN READ ON THE FOREGOING ANNEXES ATTACHED. 9.

THAT THESE STATEMENTS ARE TRUE AND CORRECT OF ALL TO THE BEST OF MY KNOWLEDGE AND BELIEF. WHEREFORE, PREMISES CONSIDERED IT IS REPECTULLY REQUIRE THAT THE AFFORESAID CASES FILED TO FORMALLY TREAT CASES TO MOVE FORWARD TO THE RIGHTFUL COMPETENT COURT OF JUSTICE. OTHER RELIEFS AND ADDENDUMS JUST AND EQUITABLE UNDER THE LAW AND THE PREMISES ARE LIKEWISE REQUIRED FOR. I CERTIFY THAT ALL OF THE STATEMENTS HERE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I HAVE HEREUNTO AFFIXED MY SIGNATURE AT CITY OF MALOLOS BULACAN PHILIPPINES, 10.21.2011.

MR. EDWIN B. DIMAANO THE B.S.A. WITH M.B.A., THE INDEPENDENT GENERAL CONTRACTOR, THE ATTORNEY-IN-FACT-AT-FOREX BUSINESS, CAREER SERVICE PROFESSIONAL, C.S.C. N.C.R. 12.15.1998, CAREER SERVICE SUB-PROFESSIONAL, C.S.C. N.C.R. 11.12.1997, PVT FROM FEU NCR RCDG RESCOM, PA, 03.10.1996 (STANDBY RESERVIST), C/MAJ FROM SACHS (BUL) 304 CCDC, 3RCDU, RESCOM, PA, 03.18.1994 (S.R.), THE AFFIANT PRIVATE COMPLAINANT, THE ATTORNEY-IN-FACT-AT-LAW OF MY OWN COMPLAINTS ONLY, AND THE PLAINTIFF. SUBSCRIBED AND SWORN TO BEFORE ME THIS OCTOBER 21, 2011 AT CITY OF MALOLOS, BULACAN, PHILIPPINES. I CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND I AM CONVINCED THAT HE VOLUNTARY EXECUTED AND UNDERSTOOD HIS STATEMENTS. ___________________________________________ (ADMINISTERING OFFICER/PROSECUTOR) $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ NPS DOCKET NUMBER III-04-INV-11J-02196 $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$

MOTION FOR REDUCTION OF BAIL ACCUSED, assisted

by

the

undersigned counsel,

unto

this

Honorable

Court,

most

respectfully alleges that: 1.

The accused has been charged with Malicious Mischief and Attempted Homicide;

2.

Consequently, warrants of arrest were issued against accused and the bail for his provisional liberty has been set at P12,000.00 for Malicious Mischief and P15,000.00 for Attempted Homicide with a total of P27,000.00 for the two cases;

3.

Accused desires to post the required bail but due to financial constraints considering that he is jobless and is only depending upon his family, he can only raise the amount of P12,000.00 for the two cases. WHEREFORE, in view of the foregoing, it is most respectfully prayed that Accused be allowed to post his bail bond for the above two (2) cases at a reduced CASH BOND in the total amount Twenty-Seven Thousand Pesos Other reliefs just and equitable in the premises are likewise sought.

(P27,000.00).

Makati

City,

Philippines.

August

12,

2013.

ATTY. VX YZ Counsel for the Accused