Legal Forms
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SAMPLES OF BASIC LEGAL FORMS
CAPTIONS
Unde Underr the the Judic Judicia iary ry Reor Reorga ganiz nizati ation on Act Act of 1980 1980 (Bat (Batas as Pamba Pambansa nsa Blg.129), all courts except the Supreme Court, the Sandiganbayan and the Court of Tax Tax Appe Appeal als s were ere abol abolis ishe hed d and and the the foll follow owin ing g Cour Courts ts were ere crea create ted: d: Intermediate Appellate Court; Regional Trial Court created in 13 Judicial Regions including the National Capital Regions and other areas as may be established by law; Municipal Trial Courts in cities and municipalities; and the Municipal Circuit Tria Triall Cour Courts ts.. Unde Underr Exec Execut utiv ive e Orde Orderr No. No. 3 date dated d 1986 1986,, the the Inte Interm rmed edia iate te Appellate Court was was renamed the Court Court of Appeals. Appeals. The following are representative samples of Caption filed in said courts:
REPUBLIC OF THE PHILIPPINES SUPREME COURT
REPUBLIC OF THE PHILIPPINES COURT OF APPEALS MANILA REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Manila, Branch 1 REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Bangued, Abra (Branch 1) REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT OF METRO MANILA M ANILA Manila, Branch 1 REPUBLIC OF THE PHILIPPINES MUNICIPAL TRIAL COURT Dagupan City, (Branch 1) REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION MUNICIPAL TRIAL COURT Lingayen, Pangasinan REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION MUNICIPAL CIRCUIT TRIAL COURT Sison, Pangasinan
JUAN DELA CRUZ Plaintiff,
Civil Case No.________ For Sum of Money
-versus-
PEDRO SANTOS Defendant. X------------------------------------------X
I.
ACKNOWLEDGMENT; JURAT
ACKNOWLEDGMENT (Simple form)
REPUBLIC OF THE PHILIPPINES} PROVINCE OF } SS MUNICIPALITY } BEFORE ME, this_____ day of _________, 2001 in the Municipality of _______________ _________________, __, Province Province of _____________, _____________, Philippines, Philippines, personally personally appeared _______________________ , with Residence Certificate No. _______ issu issued ed at ____ _____ ____, ___, on ___ _______ ______ ____ ____ ____ __ , and B.I. B.I.R. R. Tax Tax Acco Accoun untt No.________ known to me to be the same person who executed the foregoing instrument, and he acknowledged to me that the same is his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day, year, and place above written.
Notary Public My Commission expires Dec. 31, 2001 IBP No. ________, 1/2/2001, Pasig City P.T.R. No. ______, 2/2/2001, Pasig City Doc. No. _____; Page No. ____; Book No. _____ Series of 20___
ACKNOWLEDGMENT OF INSTRUMENT CONSISTING OF TWO OR MORE PAGES
REPUBLIC OF OF THE PHILIPPINES ) PROVINCE OF ______________ ) MUNICIPALITY OF _____________)
S.S.
BEFO BEFORE RE ME this this _____ ____ day day of _____ ______ ___ _____ ______ ___, _, 2001 2001 in the the Municipality Municipality of ______________ _________________, ___, Province Province of ____________, ____________, Philippines, personally appeared ______________________, with Community Tax Certificate No. _________ issued at ________________ ________________ on _______________ ________________ _ and T.I.N. No. ________, known to me to be the same person who executed the foregoing instrument, and he acknowledged to me that the same is his free act and deed. This instrument, consisting of _____ pages, including the page on which this acknowledgement is written , he has been signed on the left margin of each
and every page thereof by __________________ and his witness, and sealed with my notarial seal. IN WITNESS WHEREOF, I have hereunto set my hand, the day, the year, and the place above written. NOTARY PUBLIC My Commission expires Dec. 31, 2001 IBP No. ______, 1/2/2001, Pasig City P.T.R. No. ____, 2/2/2001, Pasig City Doc. No. _____; Page No. _____; Book No. _____; Series of 20____ JURAT
SUBSCRIBED AND SWORN to me, in the Municipality of ________, this ____th day of ______, 19 ____ by, _______ with Community Certificate Certificate No. _____ issued issued at _____ _____ on ______, ______, 2001. 2001.
NOTARY PUBLIC My Comission expires Dec. 31, 2001 IBP No. ______, 1/2/2001, Pasig City P.T.R. No.____, 2/2/2001, Pasig City
Doc. No._____; Page No._____; Book No._____; Series of 20____.
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING VERIFICATION
JUAN DELA CRUZ, subscribing under oath, hereby deposes and states that: I am the petitioner in the instant case. I have read the foregoing Petition and the allegations therein are true and correct of my own knowledge and/or based on the records on hand. I attest to the authenticity of the annexes thereof. CERTIFICATION
I certify that:
a. I have have not comme commence nced d any other other actio action n or procee proceedin ding g invo involvi lving ng the same issues in the Supreme Court, the Court of Appeals, or different Divisions thereof, or any other tribunal or agency. b. No such actio action n or procee proceedin ding g is pending pending in the the Supr Supreme eme Court, Court, the Court of Appeals, or different Divisions thereof, or any other tribunal or agency. c. If I should should learn learn that a similar similar action action or or proceedin proceeding g has been been filed or is pending before the Supreme Court, the Court of Appeals, or different Divisions thereof, or any other tribunal or agency, I hereby undertake to notify this Honorable Court within five (5) days from such notice. _______________ _____________________ ______ __ JUAN DELA CRUZ JURAT
VERIFICATION AND CERTIFICATION
(Certification of Non-Forum Shopping incorporated with Verification for a petition for certiorari ) JUAN DELA CRUZ subscribing under oath, hereby deposes and states that: He is a petitioner ( or respondent/plaintiff/defendant ) in this case. case. He has has read the foregoing petition, and the allegations contained therein are true and correct of his own knowledge knowledge and/or and/or based on authentic authentic records. records. He attests to the authenticity of the annexes thereof. Petitioner has not commenced any other action or proceeding involving the same same issues issues in the the Supre Supreme me Court Court,, the Court Court of Appe Appeals als,, or diffe differen rentt Divisions thereof, or any other tribunal or agency; No such action or proceeding is pending in the Supreme Court, the Court of Appeals or different Divisions thereof, or any other tribunal or agency; If petitioner should learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different Divisions thereof, or any other tribunal or agency, he hereby undertakes to notify this Honorable Court within 5 days therefrom. _______________ _______________ JUAN JUAN DELA DELA CRUZ Petitioner SUBSCRIBED AND SWORN to before me this 27 th day of January 2000 in the City of Manila, affiant exhibiting to me her Community Tax Certificate No. 12345678 issued on January 3, 2000 in the City of Manila. _________________ MARIA A. SANTOS Notary Public My Commission Expires Dec. 31, 2001 IBP No. _______, 1/16/2001, Pasig City PTR No. _______, 1/2/2001, Pasig City Doc. No. ____ Page No. ____ Book No. ____
Series of 20___ Copy Furnished: 1. Perez & Matias Law Offices 49 Dapitan St. , Sampaloc Mla. (addressed to the Counsel of the adverse party ) EXPLANATION
EXPLANATION
This Certifies that personal service was not resorted to for the reason that due to time, distance and manpower constraints, the same is not practicable.
_________________ Counsel
II.
AFFIDAVITS AFFIDAVIT OF LOSS
Republic of the Philippines Province Of Municipality of I, ___________________, of legal age, single/married, residing at ____________, after being sworn in accordance with law, depose and say: That I am the true owner of _______________, described as follows to wit: (Description of property) That the said automobile had been duly registered in my name in the Land Transportation Office in ___________ for the year (or years) ____________; That the certificate of registration and other pertinent papers of ownership of said automobile were among those burned and destroyed on ____________ when my house and all my personal belongings were completely destroyed by fire; That said papers are now beyond recovery. IN WITNESS WHEREOF, I have hereunto set my hand this ________ day of ________, 20__, in the Municipality of ____________, Province of __________, Philippines.
______________________ (Signature of affiant) JURAT
AFFIDAVIT OF SERVICE BY MAIL
Republic of the Philippines
City of Manila AFFIDAVIT OF SERVICE
I, ___________________, as messenger of Atty. ______________, with office address at ___________________, after being duly sworn, depose and says: That on ________________,2001 I served a copy of the following pleading/paper by registered mail in accordance with Sec. 10 of Rule 13 of the Rules of Court. Nature of Pleading/Paper ____________________________ ____________________________ ____________________________ in Case No. ____________ entitled _________________________ by depositing a copy in the post office in a sealed envelope, plainly addressed to the party (or his attorney) at his residence (or office) with postage fully paid, as evidenced by Registry Receipt No. _______________ attached and with instructions to the post master to return the mail to sender after ten (10) days if undelivered. In witness whereof, I have hereunto set my hand this_____ day of______, 2001, in the Municipality of__________, Province of_________, Philippines. _________________ ______ Signature of Affiant AFFIDAVIT IN SUPPORT OF PETITION FOR INJUNCTION
REPUBLIC OF THE PHILIPPINES) CITY OF MANILA ) S.S.
X, of legal age and resident of the City of Manila, Philippines, after having been duly sworn in accordance with law, hereby deposes and says: That he is the Plaintiff in the above entitled case and is entitled to the relief demanded in the complaint in whole or in part and such other relief consists in restraining the commission or continuance of the acts complained of either for a limited period or perpetually; 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; And that he is willing and ready to file a bond in the amount which may be fixed by the Court to the effect that he, the plaintiff, will pay the defendant all the damages which the latter may sustain by reason of the injunction if the court should finally decide that the plaintiff was not entitled thereto. FURTHER AFFIANT SAYETH NAUGHT.
_______________________ Affiant
JURAT
COMPLAINT WITH PRAYER FOR ATTACHMENT
(NOTE : First, state the facts showing plaintiff’s right to attach defendant’s properties)
REPUBLIC OF THE PHILIPPINES) CITY OF MANILA )S.S.
AFFIDAVIT
X, of legal age and a resident of the City of Manila, Philippines, after having been duly sworn to in accordance with law, hereby deposes and says: That he is the Plaintiff in the above entitled case; That there is sufficient cause of action; That the defendant has removed or disposed of his property, or is about to do so with intent to defraud his creditor, the herein plaintiff-affiant; That he is filing a bond in the amount of P_________________; That the amount claimed in the action is as much as the sum which the order is prayed for above all legal counterclaims. FURTHER AFFIANT SAYETH NAUGHT.
_____________________ Affiant
JURAT
AFFIDAVIT IN PETITION FOR RECEIVERSHIP
REPUBLIC OF THE PHILIPPINES) CITY OF MANILA )S.S.
AFFIDAVIT
A, of legal age, married and a resident of the City of Manila, Philippines, after having duly sworn in accordance with law, hereby deposes and says: That he is the Plaintiff in the above titled case and that he has read the foregoing complaint and that the facts therein stated are true and correct;
That he is the owner of the estate as pro-indiviso owner of the same with the defendant; That the defendant is in actual physical possession of the property in litigation and as such, he is in control of the produce of the said property pending litigation; That the produce or income from said property are in danger of being lost, removed or materially injured unless a receiver be appointed to guard and preserve the same, and the defendant is not only hostile to the plaintiff but also shows his demands to exclude said plaintiff from all the products or proceeds coming from the said property; That the defendant is hopelessly insolvent for he is heavily indebted to various persons; That he is willing and ready to file a bond in the amount which this Honorable Court may fix in favor of the defendant against whom this receivership is presented to the effect that he, the plaintiff will pay to the said defendant all damages which he will sustain by reason of the appointment of receiver in case the plaintiff shall have procured such appointment without sufficient cause, and such other bonds which this Honorable Court may require him to file hereafter, as security for such damages. FURTHER AFFIANT SAYETH NAUGHT.
______________________ (Affiant) JURAT
SINUMPAANG SALAYSAY
Republika ng Pilipinas ) Lalawigan ng Rizal ) Bayan ng Cainta )
s. s.
SINUMPAANG SALAYSAY
AKO, JUAN DELA CRUZ, 30 taong gulang, binata at naninirahan sa Brgy. San Roque, Cainta Rizal, matapos makapanumpa ng ayon sa batas ay malaya at kusang loob na nagpapahayag ng mga sumusunod: 1. Na ako ang nagmamay-ari na isang Honda Civic na kotse, kulay pula, modelo 1999, na nagtataglay ng makina na may numero bilang 00000. 2. Na noong ika-12 ng Mayo, taong kasalukuyan, nagpunta ako sa SM Megamall sa may EDSA upang bumili ng libro. Iniwan ko ang nasabing sasakyan sa ‘parking lot’ sa harapan SM ngunit nang ako ay bumalik sa naturang ‘parking lot’ ay wala na roon ang aking sasakyan. 3. Na matapos ang ilang oras na masusing paghahanap, sa tulong ng mga guwardiya ns SM, ay hindi ko natagpuan ang aking sasakyan. Marahil ito ay “na-carnap” .
4. Na ginawa ko ang Sinumpaang Salaysay na ito upang aking patunayan ang buong katotohanan ng aking salaysay na nasa itaas at paninidigan ko ito saan man at kanino pa man.
SA KATUNAYAN ay nilagdaan ko ito ngayong ika-15 ng Mayo, 2000, dito sa Cainta Rizal.
_______________________ JUAN DELA CRUZ SINUMPAAN AT NILAGDAAN sa harap ko ngayong ika-15 ng Mayo, 2000 dito sa Cainta Rizal. _______________________ MARIA SANTOS Notaryo Publiko Hanggang Disyembre 31,2001 IBP No. _____, 1/2/2001, Pasig City PTR No. ____ 1/15/2001, Pasig City Kasulatan Blg. ____ Pahina Blg. ____ Aklat Blg. ______ Serye ng 20____
NEGOTIABLE INSTRUMENTS PROMISSORY NOTE
(Date) P_____________
____________________, Philippines
________ months (or days) after date, I promise to pay, for value received, to _____________________ or order the sum of _______________________PESOS, with interest at ______percent per annum after maturity until paid. The makers and indorsers severally waive presentment for payment, protest, and notice of non-payment of this note. _____________________ Maker
BILLS OF EXCHANGE
Manila, May ______, 2000 For value received, pay to _________________________ or order the sum of ___________________(P__________) PESOS, Philippine Currency, and charge the same to the account of. (Signature of Drawer) TO: (Name of Drawee) Address
CHECK
No. __________________ PHILIPPINE NATIONAL BANK Manila, Philippines Manila, Philippines ____________, 2001 PAY to ______________________________ or order/bearer PESOS ______________________________ _____________________ (Signature) P __________________________ (Philippine Currency)
CONTRACTS OR AGREEMENTS LEGAL (CONVEYANCING) FORMS
(Note: if the deed/ contract is unilateral i.e., when the vendee assumes no obligation, thee is no need for the vendee to sign the contract/ deed nor the acknowledgment; however, if vendee is obliged to perform something, he must sign both the deed and the acknowledgment.)
DEED OF SALE
KNOW ALL MEN BY THESE PRESENTS:
I, (Full name of vendor), filipino citizen, single/married to ___________________, of legal age with residence and post-office address at _______________________; For and in consideration of the sum of __________________ PESOS (P_______), Philippine currency, to in hand paid by (Full name of vendee) filipino citizen, of legal age, with residence and post office address at ______________, Do hereby SELL, TRANSFER, AND CONVEY, absolutely and unconditionally, unto the said __________________ his/her heirs and assigns, that certain parcel (or parcels of lands, together with the buildings and improvements thereon), situated in (city or municipality, and province), and more particularly described as follows, to wit: (Description of property) of which I am the registered owner in fee simple in accordance with the Land Registration Act, my title thereto being evidenced by Transfer (or Original) Certificate of Title No. ________, issued by the Register of Deeds of ___________. It is hereby mutually agreed that the vendee shall bear all the expenses for the execution and registration of this deed of sale. IN WITNESSS WHEREOF, I have hereunto signed this deed of sale, this _______day of _________, 20______ at (city or municipality), Philippines.
_____________________ _________________ (Vendor)
(Vendee)
With my marital consent (if married): ________________ (Vendor’s wife)
SIGNED IN THE PRESENCE OF:
__________________________ _____________________________ (Witness)
(Witness)
ACKNOWLEDGMENT
DEED OF SALE UNDER PACTO DE RETRO
KNOW ALL MEN BY THESE PRESENTS: This Deed of Sale with Pacto de Retro made and executed by and between: (full name of vendor), Filipino , of legal age, single (or married to _________________), with residence and post-office address at _______________________, hereinafter called the VENDOR, and (full name of vendee), Filipino, of legal age, single (or married to _________________), with residence and post-office address at _______________________, hereinafter called the VENDEE.
That the VENDOR is the absolute owner of a certain parcel with all the buildings and improvements thereon, situated in ____________________, and more particularly described as follows, to wit: (copy description stated in the certificate of title), his title being evidenced by Transfer (or Original) Certificate of Title (or TCT/OCT) No. ________ issued by the Register of Deeds of ____________________; That the VENDOR, a retro, in executing this conveyance, hereby reserves the right to REPURCHASE and the VENDEE, in accepting the same, hereby obligates himself to RESELL, the property herein conveyed within the period of _______ years from and after the date of this instrument, for the same price of ________________________ PESOS (P________), Philippine currency; Provided, however, that if the VENDOR shall fail to exercise his right to repurchase as herein granted within the period stipulated, then this conveyance shall become absolute and irrevocable, without the necessity of drawing up a new deed of absolute sale, subject to the requirements of the law regarding consolidation of ownership of real property.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this ______ day of _________________, 2001, in ____________________, Philippines. ____________________________ __________________________ (Vendor)
(Vendee)
With my marital consent (If married): _____________________________ (Vendor’s wife) SIGNED IN THE PRESENCE OF:
_____________________________ ____________________________
ACKNOWLEDGMENT
DEED OF SALE OF PERSONAL PROPERTY
KNOW ALL MEN BY THESE PRESENTS: That I, ______________, of legal age, single, Filipino, residing and with postal address at ____________________ for and in consideration of the sum of P __________ have transferred and conveyed by way of absolute sale unto ________ Honda CRV car with plate No. ______, Motor No. ________, Chassis No. ______, of which I am the absolute owner, free from all liens and encumbrances.
_______________ Seller
WITNESSES: _____________________ _____________________
ACKNOWLEDGMENT
CONTRACT OF SALE INVOLVING REAL PROPERTY
KNOW ALL MEN BY THESE PRESENTS: That I, ______________, of legal age, Filipino, residing and with postal address at ________________ for and in consideration of the sum of P __________ receipt of which is hereby acknowledged have transferred and conveyed by way of absolute sale unto ___________ of legal age, Filipino, residing at and with postal address at ________________ that parcel of land with the improvements thereon whose technical description is as follows: (Copy of description)
of which I am the absolute owner, my title thereto being evidenced by TCT No. _______ of the Register of Deeds of _____________ free from all liens and encumbrances.
Seller In the presence of:_____________________ __________________________
(NOTE : Unilateral – no need for the vendee to sign, however, if vendee is obliged to perform something, he must sign.) ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES) CITY OF MANILA ) S.S.
In the City of Manila, this ____ day of ______,2001, personally appeared before me _____________ with Community Tax Certificate No. ________ on _____19 ____ issued at______ on ______, 20_____, known to me to be the same person who executed the foregoing instrument of sale over one parcel of land, which instrument consists of two (2) pages including the page on which this acknowledgment appears and signed on the left margin of each and every page by the party executing this instrument and his witnesses. Said party acknowledges to me that the same is his voluntary act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal at the City of Manila on this _____ day of _____, 20____.
NOTARY PUBLIC My Comission expires Dec. 31, 2001 IBP No. ______, 1/2/2001, Pasig City P.T.R. No.____, 2/2/2001, Pasig City
Doc. No. ______; Page No.______; Book No. ______; Series of 20____ ;
LEASE OF REAL PROPERTY
1. This agreement entered into by and between (state the parties: lessor and lessee) 2. In consideration of the rent and other covenants hereinafter set forth, the LESSOR hereby leases to the LESSEE that the residential house located at ____________ belonging to the LESSOR and covered by TCT No. _____. 3. The term of this lease shall be for a period of _________. 4. Rent shall be paid at the rate of P______ per month within the first five (5) days of each month. 5. Major and minor repairs shall be for the account of the LESSOR.
6. Taxes and assessments shall be for the account of the LESSOR, while expenses for lights, water and other utilities shall be for the account of the LESSEE.
IN WITNESS WHEREOF………….. _____________________ _________________ (Lessor)
(Lessee) ACKNOWLEDGMENT
LEASE OF PERSONAL PROPERTY
KNOW ALL MEN BY THESE PRESENTS: That A, of legal age, married and residing in the City of Manila, Philippines, hereby agrees to lease his Honda Civic car model 1999 with Plate No._______, Motor No. _________and Chassisl No._______ to B, of legal age, married and residing in the City of Manila, who hereby accepts to lease above described motor vehicle, subject to the following terms and conditions : (State terms and conditions) IN WITNESS WHEREOF ……… __________________ __________________ (Lessor )
(Lessee)
ACKNOWLEDGMENT
REAL ESTATE MORTGAGE
KNOW ALL MEN BY THESE PRESENTS: I, (full name of mortgagor), Filipino citizen, of legal age, married to ___________________, and with residence and post-office address at ___________________, for and in consideration of a loan in the sum of ___________________ PESOS (P____________), Philippine currency, to me in hand paid by (full name of the mortgagee), Filipino, of legal age, single/married to ___________________, and with residence and post-office address at ___________________, do hereby convey, by way of MORTGAGE unto the said (full name of the mortgagee), his/her heirs and assigns, that certain parcel of land, together with all the buildings and improvements thereon, situated in ____________________, particularly described as follows:
(Description of property) of which real property I am the registered owner evidenced by Original/Transfer Certificate of Title No._________ of the Land Registry of _____________: PROVIDED, HOWEVER, that if I the said (full name of mortgagor) shall pay or cause to be paid to said (Full name of mortgagee), his heirs or assigns, the said sum of _________________ PESOS (P____________), within the period of ______________ (____) years from and after the execution of this MORTGAGE
together with the interest thereon at the rate of _________ per centum (____%) per annum, this MORTGAGE shall be discharged and of no effect; OTHERWISE, it shall remain in full force and effect and shall be enforceable in the manner provided for by law. IN WITNESS WHEREOF, I have hereunto set my hands this _____ day of ______________, 20____, in _______________, Philippines.
________________ _________________ ( Mortgagor) (Mortgagee)
With my marital consent (if married:) ____________________ (Wife of Mortgagor) SIGNED IN THE PRESENCE OF: __________________________ _____________________________
ACKNOWLEDGMENT
CHATTEL MORTGAGE
KNOW ALL MEN BY THESE PRESENTS: This CHATTEL MORTGAGE, made and executed by (Full name of mortgagor), Filipino, of legal age, single (or married to mortgagor), with residence and post-office address at ___________________ hereinafter called the MORTGAGOR, in favor of (full name of mortgagee), Filipino, of legal age, single (or married to ______________), with residence and post-office address at ________________ hereinafter called the MORTGAGEE, witnesseth: That the MORTGAGOR does hereby convey by way of chattel mortgage unto the MORTGAGEE, the following described personal property, situated and ordinarily presently in the possession of the said MORTGAGOR, to wit _____________________ (specify and describe the article or articles mortgaged). That this CHATTEL MORTAGE is given as security for the payment of the MORTGAGEE, of a certain promissory note, dated _____________ for the sum of ______________ PESOS (P________) with interest thereon at the rate of ___________ per centum (_____%) per annum, according to the terms thereof.
(copy of the promissory note) That the condition of this CHATTEL MORTGAGE is such that if the said MORTGAGOR, his heirs, executors, or administrators shall well and truly perform the full obligation above stated according to the terms thereof, this
CHATTEL MORTGAGE shall be null and void, otherwise, it shall remain in full force and effect and shall be enforceable in the manner provided by law. IN WITNESS WHEREOF, the MORTGAGOR has hereunto set his hand this______ day of ________, 20____, in _______________, Philippines.
__________________ _________________ (Mortgagor) (Mortgagee) SIGNED IN THE PRESENCE OF: __________________________ ____________________________
ACKNOWLEDGMENT
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.
__________________________ _____________________________ (Mortgagor)
(Mortgagee)
JURAT
EASEMENT OF RIGHT OF WAY
KNOW ALL MEN BY THESE PRESENTS: This AGREEMENT OF EASEMENT OF RIGHT OF WAY, entered into this ______ day of ______________, 2001 by and between “A” owner of the dominant estate, of legal age, single (or married to ___________________) and a resident of _________________ and “B” , owner of the servient estate, also of legal age, single (or married to ____________________), and a resident of ________________________ witnesseth: That “A” is the owner of a parcel of agricultural land located in the municipality of ________________, province of ________________, and more particularly described as follows, to wit: (Description of “A’s” property) which property is covered by T.C.T. No. ________ of the Register of Deeds of ______________, province of _______________, which lot is adjacent to “A’s” property, and more particularly described as follows, to wit:
(Description of “B’s” property) which property is covered by T.C.T. No. _____________ of the Register of Deeds of the province of _____________________. That “A” in order to have an access to and from, and to cultivate the above-mentioned land, and so as to have an outlet to ________________, which is the nearest public road and least burdensome to the servient estate and to third persons, it would be necessary for him to pass through “B’s” property, and for this purpose, a path or passageway of not less than two (2) meters wide through the whole length of the western side of “B’s” property is necessary for the use of “A” and for all his needs in cultivating his estate; That said path or passageway is particularly described in the attached plan, “Annex A’, WHEREFORE, for and in consideration of the sum of _____________________ PESOS (P_________) the receipt whereof is hereby acknowledged by “B”, the latter agrees and permits “A” to have a permanent easement of right of way over the above-mentioned property of said “B” limited to not more than two (2) meters wide throughout the whole length of the western side of said property and as specifically indicated in the attached plan which is made an integral part of this contract, as “Annex A”. It is further agreed that “B” shall deliver unto “A” all the necessary papers, deed, and titles in relation to the servient estate in order to facilitate the registration of the above-mentioned right of way, in accordance with. This agreement shall be binding between the parties and upon all their heirs, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have signed this agreement the day and the year first above written, in the municipality of _______________, province of _______________, Philippines. __________________________ (Signature of owner of the dominant estate)
__________________________ (Signature of owner of servient estate)
SIGNED IN THE PRESENCE OF: __________________________ ___________________________ ACKNOWLEDGMENT
POWER OF ATTORNEY
ACKNOWLEDGEMENT
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: I, ___________________, of legal age, single (or married to ______________), resident of ________________, do hereby name, constitute
and appoint ___________________, to be my true and lawful attorney, for me and in my name, place and stead to do and perform the following acts and things, to wit: To ask, demand, sue for, recover or collect any and all sums of money and other 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. To make, sign, execute, and deliver contracts, documents, agreements, and other writings of whatever nature. HEREBY GIVING AND GRANTING unto my said Attorney full power and authority whatsoever requisite or necessary or proper to be done in and about the premises as fully to all intents and purposes as I might 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. IN WITNESS WHEREOF, I have hereunto set my hand this _______ day of ________________, 2001, in ________________, Philippines.
_______________________ (Principal)
SIGNED IN THE PRESENCE OF: _________________________ _______________________ ACKNOWLEDGMENT
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: I, _________________________, of legal age, single (or married to _________________), resident of ____________________, do hereby name, constitute and appoint __________________, of legal age, single or married), resident of _______________, to be my true and lawful attorney, for me and in my name, place and stead within the period of_____ months (or years), to SELL, TRANSFER and CONVEY, for the price not less than ____________________PESOS (P___________), Philippine Currency, to whosoever may purchase or buy my Honda CRV car with plate No._____________, Motor No._________, and Chasis No._________________, of which I am the absolute owner, free from all liens and encumbrances; and HEREBY GIVING AND GRANTING unto my said attorney 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 . IN WITNESS WHEREOF, I have se my hand this________ day of _____________________, 2001, in_____________________, Philippines.
______________ ______ Principal Signed in the presence of: ____________________ ____________________
ACKNOWLEDGMENT VI. DONATIONS AND WILLS
DONATION INTER VIVOS/MORTIS CAUSA
KNOW ALL MEN BY THESE PRESENTS: This Deed of Donation made and executed in the _____________, Philippines, by ____________, of legal age, single/married to ____________ , Filipino citizen and with residence and postal address at _________________, hereinafter called the DONOR. favor of _______________________,of legal age, single/married to _______________, Filipino citizen and with residence and postal address at _______________, hereinafter called the DONEE. WITNESSETH:
That the Donor is the absolute owner of that certain real property situated at ____________ and more particularly described as follows: (description of the property) That, for and in consideration of the love and affection of the Donor for the Donee (and for the faithful services the latter has rendered in the past to the former), the said Donor by these presents hereby cedes, transfers, and conveys, by way of donation, unto said Donee the real property above described, together with all the buildings and improvements existing thereon, free and clear of all liens and encumbrances.
ACCEPTANCE
That the Donee does hereby accepts the foregoing donation of the abovementioned described property for which he/she expresses his/her sincerest appreciation and gratitude for the kindness and liberty shown by the Donor. (NOTE :If inter vivos, state the following ) “The donor hereby states that , for the purpose of giving effect to the donation, he has reserved for himself in full ownership sufficient property to support him in a manner appropriate to his needs) IN WITNESS WHEREOF, the parties hereto have hereunto set their hands at the place first above written, on this _____ day of _____, 20__. (NOTE : In case of donation mortis causa, an attestation clause is included and is signed by 3 witnesses. State that the donation shall become effective upon the death upon the death of the donor, but in the effect that the donee should die
before the donor, the present donation shall be deemed rescinded and of no further force and effect. In case of donation inter vivos, only 2 witnesses are needed to sign).
WILLS HOLOGRAPHIC WILL
(NOTE : This should be handwritten) 15, May 2000 I, ____________________, of _____________________ being of sound mind and disposing mind, do hereby declare this to be m y 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 wife __________________ and to my only child ____________________ share and share alike. Juan Dela Cruz NOTARIAL WILL
LAST WILL AND TESTAMENT
Of __________________________ (Name of Testator) KNOW ALL MEN BY THESE PRESENTS: I, _____________________, of legal age, single (or married to_____________), a native of 20___; now actually residing at ____________________, being of sound and disposing mind and memory, and not acting under influence, violence, fraud or intimidation of whatever kind, do by these presents declare this to be my Last Will and Testament which I have caused to be written in English, the language which is known to me. And I hereby declare that: I.
The following are my children (Names) with their address I give and bequeath to my children _____________, ________________, And ________________, in equal shares, the following properties, real and personal, whatsoever and wheresoever located: (Description)
II.
I designate ________________ the sole executor of this my Last Will and Testament.
IN WITNESS WHEREOF, I have hereunto set my hand this ______ day of ___________________, 2001, in ______________, Philippines. ____________________
(Signature of Testator)
ATTESTATION CLAUSE
We, the undersigned attesting witnesses, whose residences are stated opposite our respective names, do hereby certify: That the testator, ___________________, has published unto us the foregoing will consisting of _______ pages numbered correlatively in letters on the upper part of each page, as his/her Last Will and Testament and has signed the same and every page thereof, on the margin, in our joint presence and we, in turn, at his/her request have witnessed and signed the same and every page thereof, on the left margin, in the presence of the testator and in the presence of each and all of us. (Signature of at least three witnesses) ______________________ _____________________ (Witness)
(Residence) ______________________
_____________________ (Witness) ___________________________ __________________________ (Witness)
(Residence)
(Residence)
JOINT ACKNOWLEDGMENT
BEFORE ME, Notary Public for and in the City/Municipality of _________________, Philippines this ______ day of _________________, 2001, personally appeared: The testator, with C.T.C. No. _____________ _________________ on _________________, 2001;
issued
at
Witness, with C.T.C. No. _____________ __________________ on ________________, 2001;
issued
at
Witness, with C.T.C. No. _____________ __________________ on ________________, 2001;
issued
at
Witness, with C.T.C. No. _____________ __________________ on ________________, 2001;
issued
at
all known to me to be the same persons who signed the foregoing Will, the first as testator and the last three as instrumental witnesses, and they respectively acknowledge to me that they signed the same as their own free will and deed. This Will consists of ______ pages, including the page in which this acknowledgment is written, and has been signed on the left margin of each and every page thereof by the testator and his witnesses, and sealed with my notarial seal.
IN WITNESS WHEREOF, I have hereunto set my hand the day, year and place above written.
NOTARY PUBLIC My commission expires Dec. 31, 2001 IBP No. ______, 1/2/2001, Pasig City PTR No. _____, 2/2/2001, Pasig City Doc. No. ______ Page No. ______ Book No. ______ Series of 2000 III.
PLEADINGS
Pleadings are filed in four (4) kinds of cases, namely: Civil Actions; Provisional Remedies; Special Civil Actions; and Special Proceedings A. MISCELLANEOUS CIVIL PLEADINGS
COMPLAINT BASED ON AN ACTIONABLE DOCUMENT (One Cause of Action) (Caption) COMPLAINT
COMES NOW the plaintiff, by the undersigned counsel, and to this Honorable Court, respectfully alleges: 1.
That the plaintiff is of legal age, Filipino citizen and resident of No.7 Agoo Street, Quezon City and the defendant is also of legal age, Filipino citizen and a resident of No. 19 Dagupan Street, Tondo, Manila where he may be served with summons; 2.
That on or about January 1, 1983, defendant obtained a loan of P20,000.00 from the plaintiff payable within 90 days from date of receipt at 12% 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, both written and oral, defendant has failed and refused to apply said loan; 5.
That due to the unjust and unlawful act of the defendant to comply with the said demands, the plaintiff was compelled to institute this action engaging the services of counsel in the amount of P1,000.00
WHEREFORE, it is respectfully prayed that judgment be rendered against the defendant to pay the plaintiff the sum of P20,000.00 plus interest of 12% from the date of the instrument until full amount is payed and attorney’s fees in the amount of P1,000.00 and costs of the suit. Other equitable reliefs are likewise prayed for. ___________________, 1991, Quezon City.
________________________ Attorney for Plaintiff
________________________ Address P.T.R. No.______ Date & Place of Issue______ IBP O.R. No._____ Date & Place of Issue_____
COMPLAINT (SEVERAL CAUSES OF ACTION)
Plaintiff Alleges: First Cause of Action
1.
That the plaintiff is a resident of the City of Manila, and that defendant is a resident of 486 Tenesee, Malate, Manila where he may be served with summons;
2.
That on the 11 th day of June, 1983, defendant executed and delivered to plaintiff a promissory note, in the following words and figures, to wit: (insert copy of the promissory note or use as Annex)
3.
That defendant has not paid promissory note, nor any part thereof or interest thereon;
As Second Cause of Action:
1.
Plaintiff hereby incorporates the allegations of paragraph 1 of the first cause of action;
2.
That on the 19 th of August 1983, defendant executed and delivered to the plaintiff his promissory note in the following words and figures, to wit: (insert copy of promissory note)
2.
Same as paragraph 3 of the first cause of action)
WHEREFORE, it is respectfully prayed that judgment be rendered in favor of
Plaintiff and against defendant for the sum of (the total amount of the promissory notes) with interest at the rate of six percentum per annum on each of the aforesaid notes, until paid; interest at the legal rate on the interest due from the time of the filing of the complaint and attorney’s fees plus costs. PLAINTIFF, further prays for such other relief as this Honrable Court may deem just and equitable in the premises. Manila, Philippines, October 10, 1987.
JOSE CRUZ Attorney for the Plaintiff 311 Regina Building, Manila P.T.R. No.__ & IBP Receipt No. __
CERTIFICATION OF NON-FORUM SHOPPING ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES AND COUNTERCLAIM
JUAN DELA CRUZ Plaintiff, CIVIL CASE NO. 12368 -versus-
PEDRO SANTOS Defendant, x------------------------------------------x
ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES AND COUNTERCLAIM
NOW COMES the defendant in the above entitled case, and to this Honorable Court most 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;
By way of special and affirmative defenses, defendant avers:
1.
That the obligation has been paid;
2.
That the defendant had purchases 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 the sum of P10,000.00.
WHEREFORE, it is respectfully prayed that the complaint be dismissed and defendant be awarded the amount of P5,000.00 Other equitable reliefs are likewise prayed for. Manila, Philippines, May 27, 2000. ERNESTO FLORES Attorney for the Defendant _______________________ Address
Issue______ Place of Issue_____
P.T.R. No.______ Date & Place of IBP O.R. No._____ Date &
(Under oath if document is denied.) (Copy furnished with Proof of Service and Explanation)
ANSWER WITH SPECIFIC DENIAL OF DOCUMENT UNDER OATH
THAT Defendant specifically denies under oath the genuiness 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. ERNESTO FLORES Attorney for the Defendant _________________________ Address P.T.R. No. ________ Date & Place of Issue________ IBP O.R> No. ______ Date & Pace of Issue________
VERIFICATION (Or Oath of the Defendant)
_________________ _____ Defendant JURAT
MOTIONS
(NOTE : All motions must be addressed to the other/adverse party; it must contain a notice of hearing and proof of service or an explanation why personal service was not resorted to. MOTION TO INTERVENE
COMES NOW X, by his under signed counsel, to this Honorable Court respectfully prays that he be permitted to intervene in this case as a party plaintiff (or as a party defendant ) on the ground that he has legal interest in the matter under litigation, and that he may be adversely affected in these proceedings as shown in the attached Complaint-in-Intervention ( or answer in intervention). WHEREFORE, it is respectfully prayed that X be allowed to intervene as party plaintiff ( or defendant ) and the attached complaint be admitted and served on the defendant ( or answer be admitted and X be allowed to serve copy of the same to the Plaintiff ). Atty. Y Counsel for X (With Notice of Hearing, Proof of Service and Explanation) MOTION TO QUASH
COMES NOW X, accused in the above titled case, through his undersigned attorney and respectfully moves to quash the information filed against him on the ground that: 1. Lack of jurisdiction 2. Prescription 3. Facts alleged do not constitute an offense, etc. ARGUMENTS
( here set forth the reasons in support of the motion to quash) WHEREFORE, it is respectfully prayed that the information filed against the accused be dismissed. ( notice of hearing) MOTION TO DISMISS
NOW COMES Defendant, by his undersigned attorney, to this Honorable Court and 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) 1. Lack of Jurisdiction; 2. Payment; 3. Novation; 4. Prescription; 5. Lack of capacity. ARGUMENTS
( here set forth the reasons in support of the grounds mentioned) WHEREFORE, it is respectfully prayed that the complaint be dismissed. (With Notice of Hearing, Proof of Service and Explanation)
MOTION FOR NEW TRIAL
NOW COMES Defendant (or plaintiff) by his undersigned attorney to this Honorable Court and respectfully moves that the decision of this Honorable Court dated March 1, 1987 and received on March 7, 1988 be set aside and new trial be granted on the following grounds: (here give the grounds provided for in Rule 37, Rules of Court; such as fraud, accident, mistake, or newly discovered evidence or excessive damages awarded) ARGUMENTS
(here se 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. (With Notice of Hearing, Proof of Service and Explanation)
MOTION TO WITHDRAW WITH SUBSTITUTION OF COUNSEL
COMES NOW, JRC, 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 said defendant as shown in this motion; That in the substitution thereof, Atty. BFG whose services have been engaged by defendant hereby enters his appearance as counsel for defendant; That upon approval of this Honorable Court, all pleadings, notices, and papers in connection with this case be addressed to new counsel BFG with address at No. 7 Sta. Catalina, Sampaloc, Manila. With my consent: ___________________________ BFG New counsel ________________________ Address P.T.R. No.______ Date & Place of Issue______
IBP O.R. No._____ Date & Place of Issue_____
(copy furnished: adverse counsel) (Proof of Service and Explanation)
MOTION FOR POSTPONEMENT OF HEARING
COMES NOW Defendant through undersigned counsel unto this Honorable Court respectfully states: That the above entitled case is set for hearing on July 7, 1988; That counsel for defendant is afflicted with influenza and is now under the medical care of Dr. PTB. A copy of the physician’s certificate under is hereto attached. WHEREFORE, it is respectfully prayed that the hearing set on July 7, 1988 be reset to another day preferably on the first week of August 1988 or at the convenience of this Honorable Court. Manila, Philippines, July 2, 1988.
Sgd. ALC Counsel for defendant (Notice of Hearing) (Proof of Service and Explanation)
MOTION FOR JUDGMENT ON THE PLEADINGS
COMES NOW, the Plaintiff through the undersigned counsel and to this Honorable Court respectfully alleged: 1.
2.
That in the answer of defendant filed on July 1, 1988 be admitted having signed the promissory note and merely interposed defense that he was asking for time within which to pay the obligation. That said answer does not tender any issue and in fact it can be read therefrom that defendant admitted his obligation.
WHEREFORE, it is respectfully prayed that this Honorable Court render judgement on the pleadings. Manila, Philippines, July 5, 1988. XYZ Counsel for Plaintiff (With Notice of Hearing, Proof of Service and Explanation)
MOTION FOR EXECUTION OF JUDGMENT
COMES NOW, the Plaintiff through undersigned counsel and to this Honorable Court respectfully alleged: 1. 2. 3. 4.
That judgment was rendered by this Honorable Court in favor of the plaintiff on June 1, 1988. That said judgment was duly received by the defendant on June 5, 1988 as shown in the registry return card; That up to the present, the defendant had not filed any motion for reconsideration or had appealed from said decision, hence the decision has become 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, Philippines. July 5, 1988. XYZ Counsel for Plaintiff (With Notice of Hearing, Proof of Service and Explanation)
NOTICE OF HEARING IN EX-PARTE AND NON-LITIGOUS MOTION
The Branch Clerk of court RegionalTrial Court National Capital Judicial Region Branch______, Makati, Metro Manila GREETINGS: Considering the urgency and non-litigious nature of the above motion, please submit the same forthwith upon receipt for the consideration and approval of the Honorable Court. __________________ _____ (Counsel for the Defendant)
B. PROVISIONAL REMEDIES
PETITION FOR INJUNCTION
(NOTE: Must allege acts that should be enjoined and the basis for petitioners claim why they should be enjoined.) THAT the continuance of the acts aforementioned during the present litigation will not only cause great and irreparable injury but will also work injustice to the plaintiff.
PETITION FOR INJUNCTION (Caption and Title) PETITION
Plaintiff, through counsel alleges: 1. (Averment of names and residences) 2. (State in logical order the facts of plaintiff’s complaint stating the grounds for the issuance of preliminary injunction) PRAYER
Attorney for Plaintiff Address VERIFICATION & CERTIFICATION OF NON-FORUM SHOPPING (NOTE: The form for Affidavit in support of Injunction) JURAT
COMPLAINT FOR RECOVERY OF PERSONAL PROPERTY (Replevin)
(CAPTION AND TITLE)
COMES NOW, the Plaintiff, through the undersigned counsel in the above entitled case and to this Honorable Court alleges: 1.
That said plaintiff is the lawful owner of the following described personal property;
2.
That on or about the 1 st day of March 1988, herein defendant borrowed said property from Plaintiff promising to return the same the next day;
3.
That on April 1, 1988, and for 10 days thereafter, the herein Plaintiff demanded for the return of the said property but despite repeated demands, said Defendant refused and still refuses to return the said property claiming that the same belongs to him;
4.
That said property has not been taken from the said plaintiff for tax assessment or fine pursuant to law, or seized under an execution, or attachment against the property of the Plaintiff (or if so seized, that it is exempted from such seizure);
5.
That the actual value of the said personal property is P10, 000.00;
6.
That the herein plaintiff is ready and willing to file a bond, executed to the defendant in double the value of the property stated above, for the return of the property to the Defendant if the return thereof be adjudged, and for the payment to the Defendant of such sum as he may recover from the Plaintiff in the auction.
WHEREFORE, Plaintiff prays for judgment:
1. Ordering the sheriff or other officer of the Court forthwith to take such property into his custody and to dispose of it in accordance with the Rules of Court; 2. After trial of the issues, adjudging that the Plaintiff has the right to the possession of said personal property and rendering judgment in the alternative against the Defendant for the delivery thereof to the Plaintiff of the value thereof in case delivery cannot be made; 3. Ordering the defendant to pay the costs of this suit, and for such other equitable relief in the premises.
_________________________ Counsel VERIFICATION & CERTIFICATION ON NON-FORUM SHOPPING JURAT
C. SPECIAL CIVIL ACTIONS REQUIREMENTS MANDAMUS
IN
PETITION
FOR
CERTIORARI,
PROHIBITION
&
(NOTE: In petitions for certiorari, prohibition, and mandamus, insert allegations that the lower court or tribunal acted in excess of jurisdiction, or without jurisdiction, or with grave abuse of discretion amounting to lack of or in excess of jurisdiction, attaching as annexes to the first original copy of the petition certified true copies of the orders complained of, and then these three must always state that petitioner has no other plain, adequate remedy in the ordinary course of law. Mandamus requires the allegation that the remedy sought for is immaterial. All three petitions must be verified in accordance with the new SC Circular and with Certification on Non-Forum Shopping).
COMPLAINT FOR EJECTMENT
XYZ Plaintiff, CIVIL
CASE
NO.
_______________ -versus ABC Defendant. x---------------------------x COMPLAINT
COMES NOW the Plaintiff in the above entitled case, through counsel, and to this Honorable Court alleges; I
That the plaintiff is of legal age and a resident of the City of Manila; that defendant is likewise of legal age, residing at No. 2 Cruz Street, Manila and may be served with summons at said address;
II
That defendant on January 7, 2001, leased from the plaintiff the premises located at No. 7 Cruz Street, Manila, agreeing to pay monthly rental of P 1, 000.00 III
However, defendant failed to pay the aforesaid monthly rentals on their due dates, such that as of the date hereof, his arrearages have accumulated up to P_____________;
IV
That on March 7, 2001, demands was made on defendant to pay his rental in arrears and vacate the premises, but despite said demands, written and oral, defendant failed and refused to pay the rentals in arrears and vacate the premises leased by him; V
As a result, plaintiff was constrained to institute this case, incurring in the process obligations for litigation expenses and attorney’s fess in the amount of _______________ PRAYER
WHEREFORE, it is respectfully prayed that judgment be rendered against the defendant ordering him: 1.
To vacate the premises leased by him;
2.
To pay the monthly sum of P1, 000.00 beginning with the month of __________, 2001, with interest thereon at the legal rate until fully paid until the defendant vacates said premises;
3.
To pay the sum of P_________ as litigation expenses and attorney’s fees.
Plaintiff further prays for such other reliefs as this Court may deem just and equitable. Manila, Philippines, May 1, 2001. DEFG Attorney for the Plaintiff
_________________________________ Address P.T.R.
No._______
Date
&
Place
of
Place
of
Issue_____ IBP
O.R.
No._____
Date
&
Issue_____ VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
_______________________ Plaintiff JURAT
COMPLAINT FOR FORECLOSURE OF MORTGAGE COMPLAINT
NOW COMES plaintiff to this Honorable Court and for cause of action against the defendant, respectfully alleges: That on March 6, 1988, defendant executed a promissory note (Annex A hereof) in favor of the plaintiff in terms and conditions as follows: (COPY) That to secure the payment of the said promissory note, defendant executed on March 1, 1988 a Deed of Mortgage in favor of plaintiff over a parcel of land whose technical description is as follows: (COPY DESCRIPTION) Copy of said Deed of Mortgage is attached hereto, marked annex “B” and made as integral part of this complaint; That said mortgage was registered with the Office of the Registrar of Deeds of Quezon City on March 2, 1988; That payment of said promissory note is long overdue and defendant has failed to pay the same despite repeated demands; WHEREFORE, it is respectfully prayed that judgment be issued in favor of the plaintiff, ordering the defendant to pay: 1.
The principal sum of P50,000.00 until fully paid;
2.
That the aforementioned parcel of land be sold at a public auction should the defendant fail to pay the sums set forth in this complaint and apply the proceeds thereof in accordance with the dispositions of law.
DEFG Attorney for the Plaintiff
________________________________________ Address P.T.R.
No._______
Date
&
Place
of
Place
of
Issue_____ IBP Issue_____
O.R.
No._____
Date
&
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
_______________________ Plaintiff JURAT VERIFICATION
D. SPECIAL PROCEEDINGS
PETITION FOR HABEAS CORPUS
NOW COMES X, the petitioner, by his undersigned attorney, to this Honorable Court and respectfully represents: That he is the father of Y, who is presently in the custody of Z, maternal grandmother of Y, who (Z) forcibly abducted him (Y) and up to now actually restrains him (Y) of his liberty; That despite demands, Z refuses to turn over the custody of Y to your petitioner; WHEREFORE, it is respectfully prayed that an order be issued to Z to bring the minor to this Honorable Court at the hour and date to be set by this Honorable Court, and thereafter that the custody of the minor Y be turned over to your petitioner.
_________________________ Counsel VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING (by Petitioner) X, upon being duly sworn deposes and says:
That I am the petitioner in the above entitled case, that I have read the contents of the said petition and that said contents are true and correct of my own personal knowledge.
________________________ Petitioner JURAT
PETITION FOR GUARDIANSHIP
NOW COMES X, by his undersigned attorney, to this Honorable Court and respectfully represents: That he is the father of the minor Y; That Y is presently a resident of the City of Manila;
That Y is the owner of a parcel of land located in the City of Manila valued at P50,000 and as such minor can make no transactions regarding the same; That the nearest of kin of Y are the following: (here mention the nearest kin and their address) That due to the minority of the said ___________________, it is necessary and convenient that a guardian of his person and property be appointed; That, as above stated, ____________________ is the person having the said minor in his care, and that he possesses all qualifications to whom letters of guardianship should issue. (Furnish a bond of not less than 10% of the value of the property or annual income, if it exceeds P50,000) WHEREFORE, it is respectfully prayed that after due notice and hearing your petitioner be appointed guardian over the estate of Y.
________________________ Counsel VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
_______________________ Petitioner JURAT
PETITION FOR APPOINTMENT OF ADMINISTRATOR (Caption and Title)
In the Matter of the Intestate Estate of PETER DOE
SPL. PROC. NO.
JOSE DOE, Petitioner. x-----------------------------------------------------x PETITION
PETITIONER, through counsel, unto this Honorable Court respectfully alleges: 1. (Averment of names, ages and residences) 2. That on ___________________, PETER DOE died without leaving any will in the City of ______________________ which was his residence at the time of his death.
3. That the names, ages, and residences of the surviving heirs of the aforementioned deceased, are the following to wi: Names
Ages
Relation
Residence
4. That the deceased left the following real and personal properties: Character
Location
Probable Value
5. That, as far as petitioner knows, the following are the names of the creditors of the decedent, to wit: Names
Address
Amount of Credit
6. That decedent died a bachelor, leaving no descendants nor ascendants whether legitimate or otherwise, and petitioner, is the only surviving brother of said decedent. PRAYER
WHEREFORE, it is prayed that, after due notice and hearing letters of administration of the estate of the deceased PETER DOE be issued to petitioner. Place, Date and Signature _____________________ Counsel _____________________ Address
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
_______________________ Petitioner JURAT
E. CRIMINAL PROCEEDINGS
ESSENTIAL PARTS OF AN INFORMATION 1. 2. 3. 4. 5. 6. 7. 8. 9.
Caption Heading Opening sentence Body alleging acts or omissions constituting a crime Contrary to law Certification of Preliminary Investigation Jurat List of Witnesses Bail Recommended
ESSENTIAL PARTS OF A COMPLAINT 1. Caption 2. Heading
3. 4. 5. 6. 7. 8.
Opening sentence Body alleging facts or omissions constituting a crime Contrary to law Oath of Complaint with his/her signature Certification of Prosecutor Jurat
DIRECT FILING OF COMPLAINT 1. 2. 3. 4. 5. 6.
Caption Heading Opening sentence Body alleging facts or omissions constituting a crime Signature Jurat
COMPLAINT COMPLAINT FILED BY OFFENDED PARTY BEFORE MUNICIPAL JUDGE ACTS OF LASCIVIOUSNESS (Caption and Title) COMPLAINT
The undersigned, _______________, accuses _______________ of the crime of an ACT OF LASCIVIOUSNESS, committed as follows, to wit: That on or about _______________, in the Municipality of ______________, Province of ______________, 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 and sexual organs, against her will, and by means of force. __________, this __________ day of __________________, 2001.
________________________ Offended Party Subscribed and sworn to before me this______ day ________________, 2001, by _____________________, offended party.
of
_________________________ Municipal Judge of __________ WITNESSES: ____________________________ ____________________________
INFORMATION
ABDUCTION WITH CONSENT (Caption and Title) INFORMATION
The undersigned, provincial fiscal, upon sworn complaint originally filed by the offended party , accuses ______________ of the crime of Abduction with Consent, committed as follows: That on or about ______________ in the Municipality of ____________, province of _____________, Philippines, within the jurisdiction of this court, the said accused willfully, unlawfully, and feloniously removed, took and carried away _________, a virgin over twelve and under eighteen years of age, from her dwelling with her consent and with lewd designs. Contrary to law: ____, ___________,2000
_______________________ (Provincial Prosecutor) WITNESSES: ______________________ ______________________ CERTIFICATION NOTE: 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. Such a certification under oath may be stated substantially as follows:
A preliminary investigation has previously been conducted in this case under my direction, having examined the witnesses in accordance with the provisions of R.A. No. 5180, as amended by P.D. No. 77, Dec.6, 1972 and P.D. 911, March 23, 1976 and as implemented by Dept. of Justice Circular No. 74, series of 1967 and Circular No. 23, series of 1975.
______________________ Assistant Prosecutor SUBSCRIBED AND SWORN to before me this _____ day of ____________, 2000 in the city/municipality of ___________, Philippines, by _________________, assistant fiscal of _______________.
_______________________ Judge,
RTC
of
___________ The “OK” or approval by the City or Provincial Prosecutor is also NOTE : required by law before any information may be filed by any assistant fiscal. SERIOUS ILLEGAL DETENTION/KIDNAPPING (Caption and Title)
The undersigned accuses X of the crime of SERIOUS ILLEGAL DETENTION ( or KIDNAPPING), committed as follows: That about and during the period beginning the _____ day of ________________, 2000, in the municipality of ________________, province of _______________, Philippines, and within the jurisdiction of this Honorable Court, said X, suspecting that one Z had knowledge of the elopement of her sister , did then and there willfully, unlawfully, feloniously and by force, take said Z, a man 50 years of age, while the latter was walking in ________________, whom said accused detained and kept locked room in his room from _______________ to _______________, 2000, or a period of _______days, under restraint and against the will of the said Z, and said accused did, during said period of detention, maltreat and refuse to release said Z until the sister of the accused was found. Contrary to law.
_______________________ Prosecutor MISCELLANEOUS CRIMINAL PROCEEDINGS
PETITION FOR BAIL (Caption and Title) PETITION FOR BAIL
COMES NOW the defendant in the above-titled case by his undersigned attorney and respectfully states: 1. That the defendant is in the custody for the alleged commission of a capital offense; 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 bailed 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. _____, _______________, 2000.
_______________________ (Attorney
for
Defendant)
_______________________ (Address)
(With Notice of Hearing and Proof of Service)
the
NOTICE OF APPEAL (Caption and Title) NOTICE OF APPEAL
COMES NOW the defendant ( or plaintiff as the case maybe) by the undersigned attorney, and hereby files notice of appeal from the judgment of this Honorable Court in the above-entitled case, dated ____________ a copy of which was received by him on _______________, and appeals the same to the Court of Appeals. _____, _______________, 2000.
_______________________ (Attorney
for
the
Petitioner)
_______________________ (Address) SUBPOENA
(NOTE : A subpoena shall be signed by the clerk, or by the judge if his court has no clerk, under the seal of the court. It shall state the name of the court and the title of the action or investigation, shall be directed to the person whose attendance is required, and if subpoena duces tecum, it shall also contain a reasonble description of the things demanded which must appear to the court prima facie relevant).
SUBPOENA
To: _____________________ _____________________ You are hereby commanded to appear before the Regional Trial Court of _________________, on the _____ day of ________________, 2000, at _________ o’clock A. M., then and there to testify in the action of X against Y (here set the number of the case). Witness the Honorable ______________, judge of said court, this ______ day of _________________, 2000
_______________________ (Clerk)
SUBPOENA DUCES TECUM (Caption and Title)
To: _____________________ _____________________
You are hereby required to appear before the Regional Trial Court of ________________ on the ______ day of _______________, 2000 at _________ o’clock and to bring with you into the court the following (describe book, deed, writing, or other documents), it being necessary to use the same as testimony in the cause there pending, wherein _________________ is the plaintiff and _________________ is defendant.
______________________ Judge X, RTC of _______
ORDER OF ARREST (Caption)
Case No. ____________ REPUBLIC OF THE PHILIPPINES, Plaintiff, -versus} ORDER OF ARREST ___________________________ Accused.
TO ANY OFFICER OF THE LAW: You are hereby commanded to arrest _________________________ who is said to be at ________________________________ and who stands __________ charged before me of the crime of ___________________, and to bring him before me as soon as possible to be dealt with as the Rules of Court direct. ___________________, Philippines, _____ day of _______________, 2000.
_______________________ Judge X, RTC ________
SEARCH WARRANT (Caption)
THE PEOPLE OF THE PHILIPPINES Plaintiff, -versus ________________________ Defendant, X ---------------------------------------------- X
Criminal Case No. _______ } For ______________________ (State nature of offense)
SEARCH WARRANT
TO ANY PEACE OFFICER: Greetings: It appearing to the satisfaction of the undersigned, after examining under oath (name of applicant) and his witness (name of witness) that there are good and sufficient reasons to believe that (name of person or persons to be searched) has in his control in premises No. _______ in (name of street), district of _______________.
Property offense
Subject of the offense Stolen or embezzled and other proceeds or fruits of the Used or intended to be used as the means of committing an offense
which should be seized and brought to the undersigned. You are hereby commanded to make immediate search at any time in the day/night of the premises above described and forthwith seize and take possession of the following personal property, to wit: (give complete and detailed description of the ________________________________________________________________ ______ property to be seized ) and bring said property to the undersigned to be dealt with as the law directs. Given under my hand this ______ day of ________________, at _________________, Philippines.
______________________ Judge,
RTC
of
__________
DEMURRER TO EVIDENCE
(Caption and Title)
MOTION TO DISMISS BY WAY OF DEMURRER TO EVIDENCE
Accused JUAN DELA CRUZ, through counsel, and pursuant to leave granted by this Honorable Court in its order dated 20 May 2000, respectfully submits this motion to dismiss by way of demurrer to evidence and alleges that: The Indictment The Evidence for the Prosecution
Arguments (why the case should be dismissed; insufficiency of evidence should be among those enumerated, showing why the same is insufficient) Prayer
(With Notice of Hearing, Proof of Service, and Explanation)
APPLICATION FOR COMPULSORY PROCESS TO SECURE ATTENDANCE OF WITNESS (Caption and Title)
The Clerk of Regional Trial Court _______________________________ Sir: Please cause a subpoena to be issued to the following persons in order that they may appear to testify in behalf of the defendant in the trial of this case which shall take place before this court on _____________ , at ________ A.M: ____________________________ _________________________ (Name)
(Address)
____________________________ _________________________ (Name)
(Address)
__________, this _________ day of ______________, 2000.
______________________ (Attorney
for
the
Defendant) _______________________ (Address)
PRAYER TO ST. JOSEPH OF CUPERTINO
O Great St. Joseph of Cupertino, who when on earth did obtain from God the grace to be asked in the examinations only questions you knew. Obtain for me the same favor in this examinations which I am now preparing for. In return I promise to make you known and cause to be invoked through Christ, our Lord. Amen
THAT IN ALL THINGS GOD MAY BE GLORIFIED!!!
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