Sample Legal Forms

SAMPLE LEGAL FORMS Table of Contents Complaint for Ejectment (Unlawful Detainer) ................................ 3 Complaint for a Sum of Money with Application for a Temporary Restraining Order (TRO) and/or ............................ 7 Writ of Preliminary Attachment ......................................................... 7 Complaint for Sum of Money with Application for Replevin ...... 9 Entry of Appearance ............................................................................ 11 Withdrawal of Counsel ....................................................................... 13 Affidavit of Service ............................................................................... 14 Answer with Counterclaim ................................................................ 15 Motion to Dismiss ................................................................................ 18 Motion to Admit .................................................................................... 20 Motion for Extension of Time............................................................ 22 Motion to Declare Defendant in Default ........................................ 24 Special Power of Attorney for Pre-Trial .......................................... 26 Pre-trial Brief ......................................................................................... 28 Motion for Postponement ................................................................... 32 Motion for Intervention ....................................................................... 34 Request for Issuance of Subpoena .................................................. 36 Formal Offer of Evidence.................................................................... 37 Motion for Execution ........................................................................... 39 Notice of Lis Pendens .......................................................................... 41 Third Party Claim ................................................................................. 42 Motion for Reconsideration ............................................................... 45 Notice of Appeal .................................................................................... 47 Affidavit of Merit attached to a Petition for Relief from Judgment ......................................................................................... 48 Petition for Certiorari .......................................................................... 50 Complaint-Affidavit.............................................................................. 52

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Counter-Affidavit .................................................................................. 54 Affidavit of Desistance ........................................................................ 55 Information ............................................................................................ 57 Petition for Bail ..................................................................................... 59 Demurrer to Evidence ......................................................................... 61 Mandamus ............................................................................................. 62 Quo Warranto ....................................................................................... 64 Writ of Amparo ...................................................................................... 66 Habeas Data .......................................................................................... 68

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Complaint for Ejectment (Unlawful Detainer) Rules of Court, Rule 70

Republic
of
the
Philippines
 National
Capital
Judicial
Region
 METROPOLITAN
TRIAL
COURT
 Branch
40,
Makati
City
 ALY M. MANRIQUE, Plaintiff, Civil Case No. _____ For: Ejectment

- versus BON A. SO HIONG, Defendant. x----------------------------------------x

COMPLAINT PLAINTIFF,
by
counsel,
respectfully
states
that:
 THE
PARTIES 1. 2.

Plaintiff is a Filipino, of legal age, and resident of No. 10 Hidalgo Street, San Lorenzo Village, Makati City; 
 Defendant is also a Filipino, of legal age and resident of No. 20 Ponce Street, San Lorenzo Village, Makati City, where he may be served with summons and other court processes.
 THE FACTS

3.

Plaintiff owns that property located at No. 20 Ponce Street, San Lorenzo Village, Makati City, which it leased to defendant under the terms and conditions stated in the Contract of Lease dated January 31, 2005, which contract expired on January 31, 2007. A copy of the contract is attached as ANNEX
“A” and made an integral part of this complaint.
 


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4.

Upon the expiration of the contract,
plaintiff
informed defendant of his intention not to renew
the lease as he would use the property to put up his own business. Plaintiff then asked defendant
to vacate the
 premises A copy of plaintiff’s letter to defendant is attached as ANNEX “B” and made an
integral
part
of
this complaint.


5.

Despite demand duly made and received, defendant has refused to vacate the premises and continues to occupy the property without plaintiff’s consent. Resort to the Barangay Conciliation system proved useless as defendant refused to appear before the Lupong Tagapamayapa. A Certification to File Action is attached as ANNEX “C” and made an integral part of this complaint.


6.

Defendant's act of dispossession has caused plaintiff
 to suffer material injury because plaintiff’s business plans could not be implemented despite the arrival of machineries specifically leased for this purpose at the rental rate of One Hundred Fifty Thousand pesos (150,000.00) per month. Defendant’s continued occupation of the premises has
 also
 forced
 plaintiff to sue and to incur legal expenses amounting to Fifty Thousand Pesos (P50,000.00).


 PRAYER

WHEREFORE, plaintiff respectfully prays for judgment in his favor by ordering defendant to vacate the property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff the amount of One Million Two Hundred Thousand Pesos (P1,200,000.00) representing rentals on the machineries for eight (8) months and Fifty Thousand Pesos (P50,000.00) for Attorney's fees.
 Other
just
and
equitable
reliefs
are
also
prayed
for.
 
 Pasig
City
for
Makati
City,
September
30,
2016.
 



PRACTICE COURT I – GARCIA, RENZ MARK V

Page 4

By:

ATTY. RENZ MARK V. GARCIA Counsel for Plaintiff Escriva Drive, Ortigas Center, Pasig City Roll of Attorneys No. 80000 IBP No. 123456/01-13-2016/Pasig City PTR No. 123456/01-13-2016/Pasig City MCLE Compliance No. 123456/01-13-2016

Republic of the Philippines City of Manila

) ) S.S.

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, Aly M. Manrique, of legal age, Filipino citizen, married and with postal address at #123 Sitio Uno, City of Manila after being duly sworn in accordance with law, do hereby depose and state that: 1. I have read and understood all the allegations therein; all the contents thereof are true and correct of my own knowledge and information; 2. I have not commenced any other action or proceedings involving the same issues subject of this case in the Supreme Court, Court of Appeals, or any other tribunals or agency, and, 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 if I should hereafter learn that a similar action or proceedings has been filed with or is pending before the Supreme Court, Court of Appeals, or any other tribunal or agency, I undertake to report said fact to this Honorable Court within five (5) days from knowledge thereof.

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IN WITNESS WHEREOF, I have hereunto affixed my signature this 10th day of October 2016 in the City of Makati, Philippines.

ALY M. MANRIQUE Plaintiff SUBSCRIBED AND SWORN to before me this 11th day of October, 2016 at _________________________ affiant exhibiting to me his ID No. ______________ issued at __________________________ on ___________________ and valid until _______________ and avowed to the truth of the foregoing verification and certification under penalty of law.

Doc. No. ____; Page No. ____; Book No. ____; Series of 2016.

ATTY. JED M. LAURAYA Notary Public, Pasig City Until December 31, 2016 Tektite, Ortigas Center, Pasig City Roll of Attorneys No. 654321 IBP No. 54321/01-13-2016/Pasig City PTR No. 54321/01-13-2016/Pasig City MCLE Compliance No. 54321/01-132016

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Complaint for a Sum of Money with Application for a Temporary Restraining Order (TRO) and/or Writ of Preliminary Attachment Based on a Promissory Note (Rules of Court, Rules 8 and 57, Secs, 6 to 8)

Republic of
the
Philippines
 National
Capital
Judicial
Region
 REGIONAL TRIAL
COURT
 Branch
40,
Makati
City
 ALY M. MANRIQUE, Plaintiff, Civil Case No. _____ For: Sum of Money

- versus BON A. SO HIONG, Defendant. x----------------------------------------x

COMPLAINT PLAINTIFF,
by
counsel,
respectfully
states
that:
 THE
PARTIES 1.

Plaintiff is a Filipino, of legal age, and resident of No. 10 Hidalgo Street, San Lorenzo Village, Makati City;


2.

Defendant is also a Filipino, of legal age and resident of No. 20 Ponce Street, San Lorenzo Village, Makati City, where he may be served with summons and other court processes.
 THE FACTS

3.

Sometime in March 15, 2016 and over a period of six (6) months, defendant borrowed certain amounts from plaintiff. Defendant promised to pay these amounts on an

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Page 7

installment basis monthly. These amounts now total Four Million Pesos (P4,000,000.00) 4.

Despite repeated demands, both oral and written, defendant failed or has refused to pay any amount to plaintiff as no installment payment has ever been made. A copy of each of plaintiff’s two demand letters is attached as ANNEX “A” and made an integral part of this complaint, respectively.


5.

Defendant's
obligation
is
due
and
demandable
and plaintiff is entitled to the payment of the entire amount of Five Million Six Hundred Thousand Pesos (P5,600,000.00) plus legal interests. PRAYER

WHEREFORE, plaintiff respectfully prays for judgment in his favor by ordering defendant pay him Five Million Six Hundred Thousand Pesos (P5,600,000.00) plus legal interests. Other
just
and
equitable
reliefs
are
also
prayed
for.
 
 Pasig
City
for
Makati
City,
September
30,
2016.
 



By:

ATTY. RENZ MARK V. GARCIA Counsel for Plaintiff (Address, Roll, IBP, PTR, and MCLE No.)

(VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING)

PRACTICE COURT I – GARCIA, RENZ MARK V

Page 8

Complaint for Sum of Money with Application for Replevin (Rules of Court, Rule 60)

Republic of
the
Philippines
 National
Capital
Judicial
Region REGIONAL TRIAL
COURT
 Branch
40,
Makati
City
 ALY M. MANRIQUE, Plaintiff, Civil Case No. _____ For: Sum of Money With Application for Writ of Replevin

- versus BON A. SO HIONG, Defendant. x----------------------------------------x

COMPLAINT PLAINTIFF,
by
counsel,
respectfully
states
that:
 THE
PARTIES 6.

Plaintiff is a Filipino, of legal age, and resident of No. 10 Hidalgo Street, San Lorenzo Village, Makati City;


7.

Defendant is also a Filipino, of legal age and resident of No. 20 Ponce Street, San Lorenzo Village, Makati City, where he may be served with summons and other court processes.
 THE FACTS

8.

Sometime in March 15, 2016 and over a period of six (6) months, defendant borrowed certain amounts from plaintiff and borrowed her car, a black Honda City 2017 model. Defendant promised to pay these amounts on an installment basis monthly and to return the car after one (1) week. These amounts now total Four Million Pesos (P4,000,000.00)

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9.

Despite repeated demands, both oral and written, defendant failed or has refused to pay any amount to plaintiff as no installment payment has ever been made and to return the car. A copy of each of plaintiff’s two demand letters is attached as ANNEX “A” and made an integral part of this complaint, respectively.


10. Defendant's obligation is due and demandable and plaintiff is entitled to the payment of the entire amount of Five Million Six Hundred Thousand Pesos (P5,600,000.00) plus legal interests. PRAYER WHEREFORE, plaintiff respectfully prays for judgment in his favor by ordering defendant pay him Five Million Six Hundred Thousand Pesos (P5,600,000.00) plus legal interests. It is likewise prayed for an issuance of a writ of replevin directing the Sheriff or any other authorized officer to take possession of the car and dispose of it in accordance with the Rules of Court and, after hearing, judgment be rendered declaring plaintiff to be lawfully entitled to the possession of the car and sentencing the defendant to pay its value. Other
just
and
equitable
reliefs
are
also
prayed
for.
 
 Pasig
City
for
Makati
City,
September
30,
2016.
 

 By:

ATTY. RENZ MARK V. GARCIA Counsel for Plaintiff (Address, Roll, IBP, PTR, and MCLE No.)

(VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING)

PRACTICE COURT I – GARCIA, RENZ MARK V

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Entry of Appearance

Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 40, Manila PEOPLE OF THE PHILIPPINES, Plaintiff, Criminal Case No. _____ For: Estafa

- versus BON A. SO HIONG, Accused. x----------------------------------------x

ENTRY OF APPEARANCE The Clerk of Court Regional Trial Court Branch 40, Manila Kindly enter the appearance of the undersigned as Private Prosecutor in the above-entitled case, under the supervision and control of the Public Prosecutor, with the conformity of the complainant Aly M. Manrique, as shown below. Accordingly, it is respectfully prayed that the undersigned be furnished copies of all pleadings, orders, and notices relative to the instant case at its address indicated below. Manila, Philippines, September 22, 2016. By:

ATTY. RENZ MARK V. GARCIA Counsel for Plaintiff (Address, Roll, IBP, PTR, and MCLE No.) PRACTICE COURT I – GARCIA, RENZ MARK V

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CONFORME:

ALY M. MANRIQUE Complainant

Copies Furnished by personal delivery: 1.

The City Prosecutor, Manila

2.

Atty. Jed Lauraya Counsel of the Accused #123 Makipot St., Bagong Ilog Pasig City, Metro Manila

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Withdrawal of Counsel (Rules of Court, Rule 138, Sec 26)

Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 40, Manila ALY M. MANRIQUE, Plaintiff, Civil Case No. _____ For: Sum of Money

- versus BON A. SO HIONG, Defendant. x----------------------------------------x

WITHDRAWAL OF APPEARANCE The undersigned counsel respectfully serves notice that he is withdrawing his appearance as counsel for plaintiff Aly M. Manrique in the above-captioned case, with the express conformity of the said plaintiff, and requests that all pleadings, notices, orders and other papers relative to said case be henceforth served directly on plaintiff at its address given in the Complaint or its new counsel, if any. Manila, Philippines, October 10, 2016. By:

ATTY. RENZ MARK V. GARCIA Counsel for Plaintiff (Address, Roll, IBP, PTR, and MCLE No.) CONFORME: ALY M. MANRIQUE Complainant

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Page 13

Affidavit of Service (Rules of Court, Rule 13)

Republic of the Philippines City of Manila

) ) S.S.

AFFIDAVIT OF SERVICE I, RENZ MARK V. GARCIA, Filipino, of legal age and resident of No.123 Pureza Street, Sta. Mesa, City of Manila, having been sworn in accordance with law, hereby depose and state that: 1.

That I am a Secretary / Legal Aide of the law office of Atty. Jed Lauraya with office address at #123 Tektite, Ortigas Center, Pasig City, Philippines;

2.

That in my aforementioned capacity, I had personally served a copy of the Motion for Reconsideration in the case entitled "X vs. Y" docketed as Civil Case no. 12345 (by personal service) to the office of X's Counsel of Record, Atty. Bon A. So Hiong, with address at #123 Bagong Ilog, Pasig City (by registered mail with return card under Registry Receipt No. 123456).

IN WITNESS WHEREOF, I have set my hand this 13th of September 2016, in the City of Manila, Metro Manila, Philippines.

RENZ MARK V. GARCIA Affiant

(JURAT)

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Page 14

Answer with Counterclaim [Rules of Court, Rule 8, 9, 16; Perrnanent Savings and Loan Bank, 439 SCRA 1 (2004)]

Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Branch 40 City of Manila

JARVIS MANZANO, Plaintiff, Civil Case No. 01-012345 For: Sum of Money

- versus KEVIN ROJO, Defendant. x----------------------------------------x

ANSWER

COMES NOW defendant, through the undersigned counsel and unto this Honorable Court, most respectfully avers: ADMISSIONS 1.

That Paragraphs 1 and 2 are admitted insofar as his personal circumstances are concerned; AFFIRMATIVE DEFENSES

2.

That Paragraphs 3, 4, 5, 6, 7, 8, 9 and 10 are specifically denied since these allegations are but all lies and mere fabrications concocted by the Petitioner. Since such allegations are maliciously false and meant only to unjustly enrich Plaintiff at Defendant’s expense. The truth is the principal obligation amounts to only Six Hundred Thousand Pesos (P600,000.00), but due to unconscionable interests, excessive penalties and other charges Defendant was deceived into signing a receipt that

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Page 15

showed, as Defendant much later on learned, the aggregate amount of indebtedness to be Nine Hundred Thousand Pesos (P900,000.00), inclusive of the unconscionable interests, excessive penalties, and other charges;
 COUNTERCLAIM 3.

Defendant additionally submits that he is entitled to relief arising from the filing of this malicious and baseless
suit, as follows: a. b.

c.

Moral Damages amounting to Fifty Thousand Pesos (P50,000.00) because his name and reputation were besmirched by this malicious and baseless suit. Despite full payment by Defendant of the principal obligation, Plaintiff has instituted the instant malicious suit which compelled Defendant to engage the services of counsel, in order to protect Defendant’s interests, for an agreed professional fee of P200,000.00, plus an appearance fee of P5,000.00 per hearing.

 Defendants also incurred other litigation expenses in the sum of P50,000.00. For all of said fees and litigation expenses, Plaintiff should be adjudged liable to Defendant.

WHEREFORE, in light of all the foregoing, it most respectfully prayed that the Complaint be DISMISSED in favor of the herein Defendant. Other reliefs just and equitable under the circumstances are likewise prayed for. Pasig City for the City of Manila, 13th of September 2016. By:

ATTY. RENZ MARK V. GARCIA Counsel for Defendant (Address, Roll, IBP, PTR, and MCLE No.)

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Copy furnished: ATTY. DON A. SO HIONG Received By:___________ Counsel for Complainant Date:_____________ Manrique Lauraya So Hiong & Associates Law Firm (MaLaS Law) 2nd Floor, #123 Pengower Inc. Building, A. Flores Street Bgy. Bagong Ilog, Pasig City

Republic of the Philippines City of Manila

) ) S.S.

(VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING)

PRACTICE COURT I – GARCIA, RENZ MARK V

Page 17

Motion to Dismiss (Rules of Court, Rule 15 & 16)

Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 40, Manila JARVIS MANZANO, Plaintiff, Civil Case No. 01-012345 For: Ejectment

- versus KEVIN ROJO, Defendant. x----------------------------------------x

MOTION TO DISMISS Defendant, by his undersigned attorney, respectfully moves that the complaint be dismissed on the following grounds: 1.

The action for ejectment has long since prescribed.

2.

The Court has no jurisdiction over the subject matter of the case. ARGUMENTS

3.

That the defendant has lived in and possessed the property for more than twenty (20) years, hence, the action for ejectment has long lapsed. Attached as ANNEX “A” are the receipts for payment of real property tax evidencing possession of the defendant.

4.

That actions for ejectment must be filed with the Metropolitan Trial Court (MTC) and not with the Regional Trial Court (RTC) as the former has exclusive original jurisdiction over such actions.

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WHEREFORE, it is respectfully prayed that the complaint be dismissed. Other just and equitable reliefs are also prayed for. Manila, 29 November 2013 By:

ATTY. RENZ MARK V. GARCIA Counsel for Defendant (Address, Roll, IBP, PTR, and MCLE No.) (WITH NOTICE OF HEARING, PROOF OF SERVICE AND EXPLANATION)

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Motion to Admit (Rules of Court, Rule 15, Sec. 9)

Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 40, Manila JARVIS MANZANO, Plaintiff,

- versus -

Civil Case No. 01-0123 For: ____

KEVIN ROJO, Defendant. x----------------------------------------x

MOTION ADMIT ATTACHED ANSWER DEFENDANT, through the undersigned counsel, most respectfully states that: 1.

Defendant was declared to be in default on April 11, 2014 when she failed to file her answer within the reglementary period. Herein attached as Annex "1" is the said Order.

2.

Defendant begs for a reconsideration of the said Order for the reason that she did not receive a copy of the complaint nor any summons from this Honorable Court regarding the above cited case. She only received on April 23, 2014 a copy of the Order dated April 11, 2014, already declaring her in default. She immediately sought assistance from the Public Attorney's Office to avail of any remedies.

3.

In the interest of substantial justice and for the reason earlier stated, defendant begs the compassion of this Honorable Court to admit her attached Answer. Delay in the proceedings of this case was never intended.

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Page 20

PRAYER WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court to set aside the Order of default and to admit the attached Answer. Other just and equitable remedies are likewise prayed for. Manila, September 30, 2016.

By:

ATTY. RENZ MARK V. GARCIA Counsel for Defendant (Address, Roll, IBP, PTR, and MCLE No.)

NOTICE OF HEARING Clerk of Court RTC Branch 40, Manila City Atty. Bon A. So Hiong Counsel for Plaintiff 1234 Teresa Street, Manila City Greetings: Please submit the foregoing for the consideration and approval of this Honorable Court at the soonest possible time or on May 17, 2015 at 8:30 in the morning. ATTY. RENZ MARK V. GARCIA Counsel for Defendant (Address, Roll, IBP, PTR, and MCLE No.)

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Motion for Extension of Time (Rules 15 and 11, Sec 11)

Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 40, Manila JARVIS MANZANO, Plaintiff,

- versus -

Civil Case No. 01-0123 For: ____

KEVIN ROJO, Defendant. x----------------------------------------x

MOTION FOR EXTENSION OF TIME DEFENDANT, by the undersigned counsel, and unto this Honorable Court, most respectfully states that: 1.

Defendant engaged the services of undersigned counsel only on _____________;

2.

Defendant was served with Summons and copy of the Complaint on _____________ and thus has until _____________ within which to submit an Answer or Responsive Pleading;

3.

However, due to the pressures of equally urgent professional work and prior commitments, the undersigned counsel will not be able to meet the said deadline;

4.

As such, undersigned counsel is constrained to request for an additional period of _____________ from today within which to submit Defendant's Answer or Responsive Pleading. Moreover, this additional time will also allow the

PRACTICE COURT I – GARCIA, RENZ MARK V

Page 22

undersigned to interview the available witness and study this case further; 5.

This Motion is not intended for delay but solely due to the foregoing reasons. PRAYER

WHEREFORE, Defendant most respectfully prays of this Honorable Court that he be given an additional period of _____________ from today within which to submit an Answer or other Responsive Pleading. Other just and equitable remedies are likewise prayed for. Manila, September 30, 2016.

By:

ATTY. RENZ MARK V. GARCIA Counsel for Defendant (Address, Roll, IBP, PTR, and MCLE No.)

(NOTICE OF HEARING) (EXPLANATION)

COPY FURNISHED: OPPOSING COUNSEL

PRACTICE COURT I – GARCIA, RENZ MARK V

Page 23

Motion to Declare Defendant in Default (Rules of Court, Rule 9, Sec. 3)

Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 40, Manila RYUWEL VISTAL, Plaintiff,

- versus -

Civil Case No. 01-0123 For: _______

JELO BATO, Defendant. x----------------------------------------x

MOTION (TO DECLARE DEFENDANT IN DEFAULT) Plaintiff, by counsel and unto this Honorable Court, respectfully states: 1.

The records of the Honorable Court show that Defendant was served with copy of the summons and of the complaint, together with annexes thereto on _____________;

2.

Upon verification however, the records show that Defendant _____________ has failed to file his Answer within the reglementary period specified by the Rules of Court despite the service of the summons and the complaint;

3.

As such, it is respectfully prayed that Defendant _____________ be declared in default pursuant to the Rules of Court and that the Honorable Court proceed to render judgment as the complaint may warrant.

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Page 24

PRAYER WHEREFORE, it is respectfully prayed that Defendant _____________ be declared in default pursuant to the Rules of Court and that the Honorable Court proceed to render judgment as the complaint may warrant. Other just and equitable remedies are likewise prayed for. Manila, September 30, 2016.

By:

ATTY. RENZ MARK V. GARCIA Counsel for Plaintiff (Address, Roll, IBP, PTR, and MCLE No.) (NOTICE OF HEARING) (EXPLANATION) COPY FURNISHED: OPPOSING COUNSEL

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Page 25

Special Power of Attorney for Pre-Trial [Rules of Court Rule 18, Boaz International Trading Corporation v. Woodward Japan. Inc., 418 SCRA 287 (2003)]

SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: I, Renz Mark V. Garcia, of legal age, single/married, Filipino, with residence at #123 Pearl Drive, Pasig City do hereby appoint, name and constitute Claudette M. Vogel, likewise of legal age, singe/married, with residence at #123 Batasan Hills, Quezon City as my true and legal representative to act for and in my name and stead and to represent me during the hearing of Civil Case No. 123456, to enter into amicable settlement, to submit to alternative modes of dispute resolution and to make admissions or stipulations of facts and documents without further consultation from me. I hereby grant my representative full power and authority to execute and perform every act necessary to render effective the power to compromise as though I myself have so performed it and hereby approving all that he may do by virtue of these presents. IN WITNESS WHEREOF, I have hereunto affixed my signature this ______ day of ____________________, 2013 at ________________.

______________________ Principal

Conforme:

_____________________ Attorney-in-fact

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Page 26

SIGNED IN THE PRESENCE OF:

______________________

______________________

ACKNOWLEDGMENT Republic of the Philippines ) Pasig City, Metro Manila ) S.S. BEFORE ME, a Notary Public, for and in Quezon City, this _______ day of _________________________ personally appeared: Name _____________________ _____________________

Identification Card

Issued On/At

___________________ ___________________

______________ ______________

all known to me to be the same persons who executed the foregoing instrument consisting of ____ pages, including this page on which this acknowledgment is written, and who acknowledged to me that the same is their free and voluntary act and deed. WITNESS MY HAND AND NOTARIAL SEAL. Doc. No. ____; Page No. ____; Book No. ____; Series of 2016.

ATTY. JED M. LAURAYA Notary Public, Pasig City Until December 31, 2016 Tektite, Ortigas Center, Pasig City Roll of Attorneys No. 654321 IBP No. 54321/01-13-2016/Pasig City PTR No. 54321/01-13-2016/Pasig City MCLE Compliance No. 54321/01-132016

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Page 27

Pre-trial Brief (Rules of Court, Rule 18, A.M No.03-1-09-SC, SC En Banc Resolution dated 13 July 2004, Rule on Guidelines to be Observed by Trial Court Judges and Clerks of Court In the Conduct of Pre-trial and Use of Deposition - Discovery Measures)

Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 40; City of Manila PEOPLE OF THE PHILIPPINES, Plaintiff, - versus -

Criminal Case No._______ For:

JUAN DELA CRUZ, Accused. x-----------------------------------------------x

PRE-TRIAL BRIEF OF THE PROSECUTION THE PEOPLE OF THE PHILIPPINES, through the undersigned City Prosecutor, before this Honorable Court, most respectfully submit this Pre-Trial Brief: SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION OF FACTS The following are the admitted facts: 1. the identities of those charged in the information and that of the persons arraigned are one and the same; 2. the identity of Joey Cruz, the victim; 3. the killing of the victim; 4. the date and places of the commission of the crime. EVIDENCE FOR MARKINGS 1.

Affidavit of the cashier Aly Manrique

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Page 28

Purpose: to prove that she was on-duty when the robbery took place and that one of the accused pointed a gun at her, who eventually declared hold-up while the other emptied the cash registers and took some grocery stuffs; 2.

Affidavit of customer Jadine Reid Purpose: to prove that she was one of the customers at the time the robbery took place and that she saw and identified the accused by their faces;

3.

Affidavit of customer James Reid Purpose: to corroborate the testimonies of Geraldine Demetri and Bea Robles;

3.

Autopsy Report of Joey Cruz issued by Manila Hospital Purpose: to prove the extent of the injury and the cause of death of the victim;

4.

Blotter Report of Manila Police Station Purpose: to prove that the police authority received a report that a robbery took place at Teresa Supermart, located at Sta. Mesa, Manila.

5.

Affidavit of Caleb Andrada Purpose: To prove that he personally heard a gun shot from an abandoned rice mill and actually saw the accused holding a gun and the dead body of the deceased which subsequently followed the arrest of the accused.

6.

Paraffin test result Purpose: To prove that accused became positive of gun powder burns.

7.

Anatomical Sketch Purpose: To prove which part of the victim’s body was shot and the nature, extent and location of wound.

8.

Ballistics Test result Purpose: To prove that the slug recovered from the victim’s body came from the same gun which was recovered from the possession of Tito Cruz.

9.

Fired Shell

10. Three live ammunitions 11. .45 caliber pistol PRACTICE COURT I – GARCIA, RENZ MARK V

Page 29

ISSUES 1. 2.

Whether or not the accused committed the crime charged; Whether or not they were guilty thereof. WITNESSES

1. 2. 3. 4. 5. 6. 7.

Stephen Curry to testify that a robbery took place; Bea Robles to testify that she was one of the customers of the Supermart at the time the robbery took place; Michelle Jordan to testify that she was one of the customers of Supemart at the time the robbery took place. Robin Williams to testify that he was the police officer who went to the scene of the crime and arrested the accused. Dra. Vicky Belo to testify that she conducted the post mortem examination of Joey Cruz and to attest to the veracity of her findings in the autopsy report. Police Senior Inspector Rodrigo Duterte to testify that he conducted the ballistics examination and to attest to the veracity of his findings in the said report. Chemist Dionisia Poqui to testify that she conducted a paraffin test to the accused and to attest to the veracity of her findings in the said report. TRIAL DATES

Specifically all Fridays of the month, with the regular appearance of the undersigned city prosecutors before this Honorable Court. RESPECTFULLY SUBMITTED. Manila City, Philippines, July 4, 2016. MANILA CITY PROSECUTOR’S OFFICE Hall of Justice Kanto Drive, City of Manila By: ATTY. RENZ MARK V. GARCIA Assistant City Prosecutor Roll No. 70000 / 5-2-07; PTR Exempt IBP No. 456789 / 12-29-07; MCLE Exempt

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Page 30

And

ATTY. CLAUDETTE VOGEL Assistant City Prosecutor Roll No. 67891 / 5-2-07 IBP No. 667900 / 12-29-07 MCLE Exempt PTR Exempt

Copy furnished: ATTY. ATRAS N. ABANTE Counsel for the Defense 123, Tektitem, Pasig City. Received by:___________ Date: ___________

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Page 31

Motion for Postponement (Rules of Court, Rule 30, Sections 3 and 4)

Republic
of
the
Philippines
 National
Capital
Judicial
Region
 REGIONAL
TRIAL
COURT
 Branch
40,
Manila City
 ALY M. MANRIQUE, Plaintiff, - versus -

Civil Case No. _____ For: ____________

BON A. SO HIONG, Defendant. x----------------------------------------x MOTION TO RESET HEARING Defendant, through the undersigned counsel and to this Honorable Court most respectfully states that: 1. The hearing of this case has been set on ______ at _____ in the morning; 2. However, the undersigned counsel hereby regretfully informs the Honorable Court that he cannot attend said hearing.; 3. With this, the undersigned is constrained to respectfully request the Honorable Court to reset the hearing of the instant case to another date, subject to the availability of the Honorable Court’s calendar. 4. This motion is made in good faith and not intended to delay the proceedings of the instant case. WHEREFORE, based on the premises presented, it is most respectfully prayed that the hearing of the instant case be reset

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Page 32

to another date, subject to the availability of the Honorable Court’s calendar. RESPECTFULLY SUBMITTED. Manila, September 30, 2016.

By:

ATTY. RENZ MARK V. GARCIA Counsel for Plaintiff (Address, Roll, IBP, PTR, and MCLE No.)

NOTICE OF HEARING WITH EXPLANATION Greetings! Please take notice that I am submitting this Motion to Reset Hearing for the consideration and approval of the Honorable Court, with or without appearance of counsels. Also, service of this motion was made through registered mail on account of time and distance constraints.

ATTY. RENZ MARK V. GARCIA Counsel for Plaintiff (Address, Roll, IBP, PTR, and MCLE No.)

COPY FURNISHED: OPPOSING COUNSEL

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Page 33

Motion for Intervention (Rules of Court, Rule 19)

Republic
of
the
Philippines
 National
Capital
Judicial
Region
 REGIONAL
TRIAL
COURT
 Branch
40,
Manila City
 ALY M. MANRIQUE, Plaintiff, - versus -

Civil Case No. _____ For: ____________

BON A. SO HIONG, Defendant. x----------------------------------------x MOTION FOR INTERVENTION COMES NOW the Intervenor, by the undersigned counsel, and unto this Honorable Court, most respectfully requests for leave to intervene in the above-captioned case, for the following reasons: That the Intervenor is a purchaser of some of the subdivided portions of Lot No. _______, the subject matter of the above-captioned case; That the Intervenor has a legal interest in the matter in litigation, or in the success of the complainant, or is so situated as to be adversely affected by a distribution or other disposition of the parcel of land, subject matter of the abovecaptioned case; That this intervention will not, in the least, unduly delay or prejudice the adjudication of the rights of the original parties in the case; That the Intervenor's rights can be fully protected in this proceeding rather than by filing a separate proceeding. PRACTICE COURT I – GARCIA, RENZ MARK V

Page 34

PRAYER WHEREFORE, it is most respectfully prayed that the said _____________ be allowed to intervene in this action by filing a Complaint in Intervention, a copy of which is attached to this motion. Other just and equitable remedies are likewise prayed for. Manila, September 30, 2016. By:

ATTY. RENZ MARK V. GARCIA Counsel for Plaintiff (Address, Roll, IBP, PTR, and MCLE No.) (NOTICE OF HEARING) (EXPLANATION) COPY FURNISHED: OPPOSING COUNSEL

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Page 35

Request for Issuance of Subpoena (Rules of Court, Rule 21)

Republic
of
the
Philippines
 National
Capital
Judicial
Region
 REGIONAL
TRIAL
COURT
 Branch
40,
Manila City
 ALY M. MANRIQUE, Plaintiff, Civil Case No. _____ For: ____________

- versus BON A. SO HIONG, Defendant. x----------------------------------------x

REQUEST FOR SUBPOENA DUCES TECUM Plaintiff, through undersigned counsel, respectfully requests for the issuance of a subpoena duces tecum requiring ________ with address at __________ to testify at the hearings in the instant case against defendant ____________ on ___________________ at 1:00 PM. Respectfully submitted. Manila, September 30, 2016. By:

ATTY. RENZ MARK V. GARCIA Counsel for Plaintiff (Address, Roll, IBP, PTR, and MCLE No.) COPY FURNISHED: OPPOSING COUNSEL

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Page 36

Formal Offer of Evidence (Rule 132, Section 34 and 35)

Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 40, City of Manila PEOPLE OF THE PHILIPPINES, Plaintiff, - versus -

Criminal Case No._______ For:

JUAN DELA CRUZ, Accused. x-----------------------------------------------x FORMAL OFFER OF EVIDENCE Defendant by the undersigned counsel and unto this Honorable Court, most respectfully offers the following documentary and exhibits for the above titled case, to wit: EXHIBITS “1”

“2-A”

DESCRIPTION

PURPOSE/S

Counter-Affidavit of Teniente Gimo

 To contradict the affidavit produced by the plaintiff.  To establish that the allegations in the complaint filed against the accused was false, fabricated, and malicious.  To testify to what really transpired on the the night of the incident.  To prove that the accused did not commit the crime charged against him. Murder Complaint  To prove that the of Teniente Gimo accused filed a complaint against Maria Mae Kiling and Agta Bal-bal

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Page 37

 “2-B”

Murder Complaint  Resolution

“3-A”

Police Blotter Report



 “3-B” “4”

immediately after the incident transpired. To corroborate the testimony of the accused. To support the proof that a complaint was filed by the accused against Maria Mae Kiling and Agta Bal-bal. To prove the fact that before the happening of he incident Agta-Balbal is causing disturbance and threat to the family of the accused. To corroborate the testimony of the accused. To support the police blotter report.

Certification of  Police Blotter Report Medical Certificate  To prove that the of Teniente Gimo accused is suffering from polio.

Aforesaid exhibits are being offered to prove that the crime and accusation against the accused was not true and not committed at the address indicated in the Complaint. WHEREFORE, premises considered, it is most respectfully prayed to this Honorable Court that the foregoing object and documentary exhibits be admitted for which each and all said exhibits were offered in proving the claims of the accused and with the formal submission of the aforesaid coupled with the testimonies of the witness who testified thereon. Respectfully submitted. Manila, September 30, 2016. By: ATTY. RENZ MARK V. GARCIA Counsel for Accused (Address, Roll, IBP, PTR, and MCLE No.) (PROOF OF SERVICE) PRACTICE COURT I – GARCIA, RENZ MARK V

Page 38

Motion for Execution (Rules of Court, Rule 39)

Republic of the Philippines Province of Rizal Municipality of Tanay MUNICIPAL TRIAL COURT BON A. SO HIONG, Complainant,

vs.

Criminal Case No. _____ For: Reckless Imprudence Resulting in Damage to Property with Serious

JUAN TAMAD,

Physical Injuries under

Accused. x--------------------------------x

Article 263 of the Revised Penal Code

MOTION FOR EXECUTION

Complainant, unto this Honorable Court, respectfully states that: 1.

On September 11, 2013, a judgment was rendered by the Court, the dispositive portion of which reads: “WHEREFORE, premises considered, the Court finds accused JUAN TAMAD GUILTY beyond reasonable doubt of the crime of Reckless Imprudence Resulting in Damage to Property with Serious Physical Injuries, defined and penalized under Article 365 of the Revised Penal Code and he is hereby sentenced to suffer the straight penalty of imprisonment of FOUR (4) MONTHS of Arresto Mayor. And as civil liability, the accused is held liable and ordered to pay the private complainant the

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Page 39

amount of Php24,896.16 as actual damages, of which the amount shall bear interest at the rate of twelve (12%) percent per annum from the date of the promulgation of this decision until the same is paid. SO ORDERED” 2. That on December 23, 2013 the judgment has long become final and executory and is recorded in the criminal docket of the Court. 3. Until this date, accused has not complied with the judgment. WHEREFORE, premises considered, it is respectfully prayed that a writ of execution be issued to implement the civil aspect of the judgment of the Court dated September 11, 2013. Other reliefs are likewise prayed for. Tanay, Rizal. September 1, 2016.

NOTICE OF HEARING AND COPY FURNISHED Juan Tamad Accused J.P. Rizal St., Sitio Kampupot Sampaloc, Tanay, Rizal Greetings! Kindly submit the foregoing motion on September 9, 2016 at 8:30AM for the consideration and approval of this Honorable Office.

BON A. SO HIONG Complainant

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Page 40

Notice of Lis Pendens (Rules of Court, Rule 13, Sec. 14; Presidential Decree No. 1259, Sec. 76)

Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Branch 40 City of Manila

CALOVE ANDRADA, Plaintiff, Civil Case No. 01-012345 For: _______

- versus BON SO HIONG, Defendant. x----------------------------------------x

NOTICE OF LIS PENDENS

Notice is given that the above-entitled action was filed in this Honorable Court on the 26th of September 2016 by Plaintiff, Calove Andrada, against Defendant, Bon So Hiong. This action alleges a real property claim affecting certain real property situated in _________________, Philippines, and legally described as _________________________. City of Manila, 13th of October 2016. By:

ATTY. RENZ MARK V. GARCIA Counsel for Defendant (Address, Roll, IBP, PTR, and MCLE No.)

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Page 41

Third Party Claim (Rules of Court, Rule 39, Sec. 16 and 57, Sec. 14)

Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Branch 40 City of Manila

CALOVE ANDRADA, Plaintiff,

- versus -

Civil Case No. 01-012345 For: _______

BON SO HIONG, Defendant. x----------------------------------------x

ANSWER WITH THIRD PARTY CLAIM

COMES NOW defendant, through the undersigned counsel and unto this Honorable Court, most respectfully avers: ADMISSIONS AND AFFIRMATIVE DEFENSES 1. 3. 4.

5.

He admits the allegations contained in paragraph 1 of the complaint; He admits paragraphs 3 and 4 of the complaint; He admits partially the allegations of paragraph 3 of the complaint in the sense that he signed a promissory note for five thousand (Php5,000.00) pesos, but he qualifies his admission in the sense that not a single centavo of the loan was used by him, he being only an accommodation maker; He admits that the loan is now long overdue but he specifically denies that he has failed and refused to pay the same, because he did not get anything out of the loan, as it was Jose Maximo who pocketed the whole amount of said loan;

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6.

7. 8.

He admits that he has not paid any interest on said loan, because he had no obligation of paying said interest, the whole amount having accrued to the benefit of Jose Maximo; He specifically denied the allegation s of paragraph 7 of the complaint, because his failure to pay the loan is not justified nor was there any refusal on his part; He has no knowledge or information to form a belief as to the truth of paragraph 8 of the complaint and therefore, he specifically denies the same. BY WAY OF THIRD-PARTY COMPLAINT, he alleges:

1. 2. 3.

Third-party plaintiff is of legal age, married and with residence and postal address at ________________; Defendant Aly Manrique is likewise of legal age, and he may be served with summons at _____________; (here state the circumstances how Aly Manrique got involved)

BY WAY OF SPECIAL AND AFFIRMATIVE DEFENSES TO THE COMPLAINT, defendant alleges: 1.

2.

The complaint states no cause of action, because the obligation has been satisfied, for, on ___________, the plaintiff proceeded before the notary public _______________ for the sale of the 100 shares of stock put up as collateral of the loan mentioned in “Annex A” of plaintiff’s complaint; Defendant was only an accommodation maker, as may be seen from the promissory note itself that the amount of Php5,000.00 was credited to Aly Manrique which reads as follows: “Please credit Php5,000.00 to Aly Manrique”;

WHEREFORE, it is most judgment be rendered as follows: 1. 2.

respectfully

prayed

that

Dismissing plaintiff’s complaint for failure to state a cause of action, the obligation having been fully satisfied; Ordering the plaintiff to pay the costs, and granting unto defendant such other remedy which this honourable Court may deem proper. ON THE THIRD-PARTY COMPLAINT:

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Page 43

1. 2. 3. 4.

That summons be issued against third-party defendant, Aly Manrique; That after sue hearing, he be sentenced to pay the defendant whatever amount this Honorable Court may order him to pay unto the plaintiff; That he be ordered to pay unto third-party plaintiff the sum of Php5,000.00 as and for attorney’s fees; That Aly Manrique be ordered to pay the costs; Third-party plaintiff prays for such other relief that may be reasonable in the premises.

Other reliefs just and equitable under the circumstances are likewise prayed for. Pasig City for the City of Manila, 13th of September 2016. By:

ATTY. RENZ MARK V. GARCIA Counsel for Defendant (Address, Roll, IBP, PTR, and MCLE No.)

Copy furnished:

ATTY. DON A. SO HIONG Received By:___________ Counsel for Plaintiff Date:_____________ nd 2 Floor, #123 Pengower Inc. Building, A. Flores Street Bgy. Bagong Ilog, Pasig City ATTY. JED LAURAYA Received By:___________ Counsel for Third Party Defendant Date:_____________ #123 Tektite Building, Ortigas Center Pasig City

(VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING)

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Page 44

Motion for Reconsideration (Rule 37, Rules of Court)

Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 40, Manila JARVIS MANZANO, Plaintiff,

- versus -

Civil Case No. 01-0123 For: ____

KEVIN ROJO, Defendant. x----------------------------------------x

MOTION FOR RECONSIDERATION Defendant, through the undersigned counsel, most respectfully states that: 1.

Defendant was declared to be in default on April 11, 2014 when she failed to file her answer within the reglementary period. Herein attached as Annex "1" is the said Order.

2.

Defendant begs for a reconsideration of the said Order for the reason that she did not receive a copy of the complaint nor any summons from this Honorable Court regarding the above cited case. She only received on April 23, 2014 a copy of the Order dated April 11, 2014, already declaring her in default. She immediately sought assistance from the Public Attorney's Office to avail of any remedies.

3.

In the interest of substantial justice and for the reason earlier stated, defendant begs the compassion of this Honorable Court to admit her attached Answer. Delay in the proceedings of this case was never intended.

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Page 45

PRAYER WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court to set aside the Order of default and to admit the attached Answer. Other just and equitable remedies are likewise prayed for. Manila, September 30, 2016.

By:

ATTY. RENZ MARK V. GARCIA Counsel for Defendant (Address, Roll, IBP, PTR, and MCLE No.)

NOTICE OF HEARING Clerk of Court RTC Branch 40, Manila City Atty. Bon A. So Hiong Counsel for Plaintiff 1234 Teresa Street, Manila City Greetings: Please submit the foregoing for the consideration and approval of this Honorable Court at the soonest possible time or on May 17, 2015 at 8:30 in the morning. ATTY. RENZ MARK V. GARCIA Counsel for Defendant (Address, Roll, IBP, PTR, and MCLE No.)

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Page 46

Notice of Appeal (Rules of Court, Rule 40 and 41)

Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 40, Manila JAYZON BORLONGAN, Plaintiff, Civil Case No. 01-0123 For: ____

- versus ERNEST ALBERT DE LUNA, Defendant. x----------------------------------------x

NOTICE OF APPEAL Plaintiff by counsel, hereby gives notice that he is appealing from the judgment of this Honorable Court in the above-entitled case, dated ___________, a copy of which was received by him on ________________, to the Court of Appeals. Respectfully submitted. Manila, September 30, 2016. By:

ATTY. RENZ MARK V. GARCIA Counsel for Plaintiff (Address, Roll, IBP, PTR, and MCLE No.) COPY FURNISHED: OPPOSING COUNSEL PROOF OF SERVICE

PRACTICE COURT I – GARCIA, RENZ MARK V

Page 47

Affidavit of Merit attached to a Petition for Relief from Judgment (Rules of Court. Rule 38)

Republic of the Philippines Pasig City

) ) S.S.

AFFIDAVIT OF MERIT I, Renz Mark V. Garcia, of legal age, Filipino and resident of #123 Pearl Drive, Ortigas Center, Pasig City, after being duly sworn to in accordance with law, hereby depose and state that: 1.

I am the Petitioner in the case entitled ___________docketed as Civil/ Criminal Case No._______ and pending before the Regional Trial Court;

2.

I have caused the preparation of the “Motion for Reconsideration” to which this affidavit is attached;

3.

I have read the allegations contained therein and I hereby state that the same is true and correct of my personal knowledge and based on authentic records;

4.

I have received a copy of the resolution of the Regional Trial Court dismissing my petition for failure to prosecute for an unreasonable length of time;

5.

The reason for my failure to proceed with the steps necessary for my case was due to the fact that my counsel, Atty. _____ was admitted in the National Kidney Institute for an emergency operation;

6.

The partners of my lawyer were not able to handle my case because of their individual work load and hectic schedule;

7.

The foregoing circumstance that led to the dismissal of my petition constitute mistake and/or excusable negligence which ordinary prudence could not have guarded against and by reason of which I have been impaired of my rights, especially because a judgment was rendered by the court without affording me the chance to present my evidence;

8.

I voluntarily execute this Affidavit of Merit to attest to the truth of the foregoing facts and in order to support the grounds in my “Motion for Reconsideration” as it really

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Page 48

shows that the same is meritorious and in order that the Order or Judgment rendered against me be reconsidered and set aside and a new one be issued reinstating the instant case. Affiant adds nothing more at this time. August 1, 2011, Pasig City

RENZ MARK V. GARCIA Affiant

(JURAT)

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Page 49

Petition for Certiorari (Rules of Court. Rule 65)

Republic of the Philippines COURT OF APPEALS 3rd Division Manila ALY M. MANRIQUE, Petitioner,

- versus -

Civil Case No. 01-0123 For: ____

NATIONAL LABOR RELATIONS COMMISSION, Respondent, BON A. SO HIONG, Private Respondent. x----------------------------------------x

PETITION FOR CERTIORARI COMES NOW, petitioner through the undersigned counsel in the above-entitled case, unto this Honorable Court, most respectfully states and alleges: 1. 2.

3. 4.

That the petitioner is of legal age, (state the capacity and residence of the petitioner, and of the public and private respondents); That (state the facts and circumstances under which the respondent tribunal, board or officer, exercising judicial functions) has acted without, or in excess of its jurisdiction, or with grave abuse of discretion in the exercise of his judicial functions (including your arguments); That (state that there is no appeal from such decision or any plain, speedy and adequate remedy in the ordinary course of law); That a certified true copy of the decision (or order) herein sought to be annulled is hereto attached as “Annex A”,

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5.

together with copies of all pleadings and documents relevant and pertinent thereto. That (state the material dates showing when notice of judgment or final order or resolution subject thereof was received, when a motion for new consideration, if any, was filed and when notice of the denial thereof was received). PRAYER

WHEREFORE, it is respectfully prayed, that a writ of certiorari be issued annulling the judgment or order herein complained of (with prayer for a preliminary injunction as the case may be, for the protection of the rights of petitioner pending such proceedings), and after due hearing, that judgment be rendered annulling or modifying the decision or order subject of this petition and the proceedings of (the defendant tribunal, board or officer), with costs against private respondent. Other just and equitable remedies are likewise prayed for. Manila, September 30, 2016. By:

ATTY. RENZ MARK V. GARCIA Counsel for Petitioner (Address, Roll, IBP, PTR, and MCLE No.)

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Page 51

Complaint-Affidavit (Rules of Court, Rule 112)

Republic of the Philippines City of Manila

) ) S.S.

COMPLAINT-AFFIDAVIT I, Renz Mark V. Garcia, Filipino, of legal age, single, and a resident of #123 Pearl Drive, Ortigas Center, Pasig City, after being sworn to in accordance with law, depose and state that: 1. I am a first year law student of the Polytechnic University of the Philippines – College of Law (PUPCOL), Sta. Mesa, Manila; 2. I know Emmanuel Caliwan is a senior student in the College of Law, but I don’t know him personally since we do not have any subjects in common; 3. Sometime around eight in the evening of August 28, 2016 after my class, while I was walking towards my car at the parking lot of PUP-COL, that said Elmer came running towards me and without any warning punched me thrice in the face. 4. The other students within the vicinity approached us and restrained Emmanuel Caliwan; 5. I proceeded immediately to the University clinic for medical check-up, and Doctor Frankenstein who personally attended to me diagnosed that I suffered a broken cartilage on my nose and it would take nine days for the injury to heal; attached is a medical certificate issued by Dr. Frankenstein. In view of the foregoing, I am executing this affidavit to support the filing of a criminal case for slight physical injuries against Emmanuel Caliwan.

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Page 52

2nd

IN WITNESS WHEREOF, I have hereunto set my hand this day of September, 2016 at the City of Manila, Philippines. RENZ MARK V. GARCIA Affiant-Complainant

SUBSCRIBED AND SWORN to before me this 2nd day of September, 2016 at the City of Manila, Philippines.I hereby certify that I have examined the Affiant and that the foregoing statements were given by him voluntarily and of his own free will. CLAUDETTE M. VOGEL City Prosecutor’s Office

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Page 53

Counter-Affidavit (Rules of Court, Rule 112)

Republic of the Philippines City of Manila

) ) S.S.

COUNTER-AFFIDAVIT I, _______, of legal age, with assistance of counsel, do hereby state under oath that: (state the circumstances) It is utterly inexplicable that _____ would hold me liable for estafa when all that I did was to refer ______ to Mr. _____; to a certain extent, I even exerted my best efforts to see that Ms.____ was paid due simply to my great embarrassment at the prospect of being accused of referring a person who does not know how to pay for an obligation. I performed no act of deceit or fraud against her in ordering the units. I performed NO ACT that even remotely resembles ANY of the acts punished under Article 315 of the Revised Penal Code. If at all, any cause of action is PURELY CIVIL in nature and that liability does not pertain to my personal account in the absence of a showing that I benefited from the Nextel units; any liability should pertain to the office of the mayor, not to me. Considering the foregoing, I respectfully submit that there is no prima facie basis to conclude that the crime of estafa or that any crime at all has been committed. The complaint against me should, thus, be dismissed. To the truth of the foregoing, I have signed this CounterAffidavit on _____________. _________________________ Affiant JURAT

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Page 54

Affidavit of Desistance

Republic of the Philippines City of Manila

) ) S.S.

AFFIDAVIT OF DESISTANCE I, Juan del la Cruz, of legal age, single, and a resident of # 123 Main St., Malate, Manila, after having duly sworn to in accordance with law hereby depose and state: 1.

I am the complaining witness for Serious Physical Injuries against Jesus Santos in the case entitled "People of the Philippines versus Jesus Santos", Criminal Case No. 12345, Metropolitan Trial Court, Branch No. 11, City of Manila.

2.

After my sober and soul searching assessment and analysis of the incident, I have realized that because I was not wearing my eyeglasses and it was dark, I can not point out, without a doubt the accused or any other person/s who inflicted harm against me.

3.

Since I could not state with certainty and without doubt the liability of Jesus Santos, in fairness to him, I am permanently withdrawing my complaint against him. I clear him of whatever responsibility or liability to me.

4.

I hereby inform the City Prosecutor of Manila that I am withdrawing my complaint for Serious Physical Injuries in Criminal Case No. 12345 entitled "People of the Philippines versus Jesus Santos", Metropolitan Trial Court, Branch No. 11, City of Manila.

5.

I likewise request the Metropolitan Trial Court, Branch No. 11, City of Manila to dismiss with prejudice the said criminal case.

IN WITNESS WHEREOF, I hereby set my hand this 29th day of September 2016 at the City of Manila.

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Page 55

JUAN DE LA CRUZ Complaining Witness SUBSCRIBED AND SWORN to before me this 10th day of October 2016 at the City of Manila, Philippines.

ATTY. RENZ MARK V. GARCIA Public Prosecutor

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Page 56

Information (Rules of Court, Rule 110 and 117, DOJ Circular No 61, 21 September 1993, New Rules on Inquest)

Republic
of
the
Philippines
 National
Capital
Judicial
Region
 REGIONAL
TRIAL
COURT
 Branch
40,
Manila City
 PEOPLE OF THE PHILIPPINES, Plaintiff, Criminal Case No. _____ For: ____________

- versus BON A. SO HIONG, Accused. x----------------------------------------x

INFORMATION The undersigned Public Prosecutor accuses (name of accused) of the crime of (name of the crime) punishable under (Revised Penal Code or state the special law violated) committed as follows: That on (date when crime was committed), the said accused did then and there willfully, and unlawfully (include feloniously if it is a violation of the Revised Penal Code) (state how committed and the name of the private offended party) in the (place where committed) within the City of Manila and in the jurisdiction of this Honorable Court resulting to damage to the private offended party in the amount of P1,000,000.00. Contrary to law. Manila, September 30, 2016. By: ATTY. RENZ MARK V. GARCIA Asst. Public Prosecutor PRACTICE COURT I – GARCIA, RENZ MARK V

Page 57

CERTIFICATION OF PRELIMINARY INVESTIGATION I hereby certify the following: a) That I have conducted a preliminary investigation in the case; b) That I examined the complainant and his witnesses; c) that based on the evidence presented, there is reasonable ground to believe that the accused is probably guilty of the offense charged; d) That I gave the accused the opportunity to submit controverting evidence; and e) That the filing of this information has been approved by the City Prosecutor.

ATTY. JED LAURAYA Asst. City Prosecutor

JURAT 1st Public Prosecutor List of Witnesses: Bail Recommended:

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Page 58

Petition for Bail (Rules of Court, Rule 114) A.M 12-11-2-SC, Guidelines for Decongesting Holding Jails By Enforcing the Rights of the Accused Persons to Bail and to Speedy Trial.

Republic
of
the
Philippines
 National
Capital
Judicial
Region
 REGIONAL
TRIAL
COURT
 Branch
40,
Manila City
 PEOPLE OF THE PHILIPPINES, Plaintiff, - versus -

Criminal Case No. _____ For: ____________

BON A. SO HIONG, Accused. x----------------------------------------x PETITION FOR BAIL Accused, through the undersigned counsel, unto this Honorable Court, respectfully states that: 1.

That accused is currently detained at the Makati City Jail for the charge of Frustrated Murder and has been behind bars since his arrest on August 1, 2013;

2.

That no bail has been recommended for his temporary release on the assumption that the evidence of guilt is strong;

3.

That the prosecution's evidence of guilt against accused, however, is weak as there is no direct evidence that will point to the accused to have committed the the charges against him. The records will show that accused was malicious implicated in the case through the sworn statements of SINU NGALING and BULA AN who subsequently recanted their testimonies and confessed, among others, that they were made to sign the "affidavits

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Page 59

of witnesses" against their will. (copies of the Affidavits of Recantation are hereto attached as Annexes "A" and "B") 4.

That there is no other physical or documentary evidence to show that accused is guilty of the crime charged;.

5.

That the burden of showing that evidence of guilt is strong is on the prosecution, and since this fact is not satisfactorily shown, accused is entitled to bail as a matter of right during the pendency of the criminal case.

WHEREFORE, upon prior notice and hearing, it is respectfully prayed of this Honorable Court that accused AKU SADO be allowed to post bail for his temporary liberty pending trial of the criminal charge against him. Other just and equitable reliefs are likewise prayed for. Respectfully submitted. Manila, September 30, 2016. By:

ATTY. RENZ MARK V. GARCIA Counsel for Accused (Address, Roll, IBP, PTR, and MCLE No.)

NOTICE OF HEARING

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Demurrer to Evidence (Section 23, Rule 19)

Republic
of
the
Philippines
 National
Capital
Judicial
Region
 REGIONAL
TRIAL
COURT
 Branch
40,
Manila City
 PEOPLE OF THE PHILIPPINES, Plaintiff, - versus -

Criminal Case No. _____ For: ____________

BON A. SO HIONG, Accused. x----------------------------------------x DEMURRER TO EVIDENCE Accused, __________________, through counsel, and pursuant to leave granted by this Honorable Court, in its order dated _____________ 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) WHEREFORE, it is respectfully prayed that the case against the accused be dismissed. Other just and equitable remedies are likewise prayed for. Manila, September 30, 2016. By: ATTY. RENZ MARK V. GARCIA Counsel for Petitioner (Address, Roll, IBP, PTR, and MCLE No.)

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Mandamus

Republic
of
the
Philippines
 National
Capital
Judicial
Region
 REGIONAL
TRIAL
COURT
 Branch
40,
Manila City
 XXX, Petitioner, - versus -

Civil Case No. _____ For: ____________

YYY, Respondent. x----------------------------------------x PETITION FOR MANDAMUS Petitioner, through counsel and unto this Honorable Court, most respectfully alleges that: 1.

That the petitioner is of legal age, (state the capacity and residence of the petitioner, and of the public and private respondents);

2.

That (state the facts and circumstances under which the respondent-tribunal, board or officer) unlawfully neglected the performance of an act which the law specifically enjoins as a duty resulting from an office, trust or station, or unlawfully excluded the petitioner from the enjoyment of a right or office to which the petitioner is entitled;

3.

That the petitioner has no other plain, speedy and adequate remedies in the ordinary course of law other than this action;

4.

That (state the material dates showing when notice of judgment or final order or resolution subject thereof was received, when a motion for new consideration, if any, was filed and when notice of the denial thereof was received).

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5.

That the petitioner by reason of the wrongful act of the respondent has sustained damages in the sum of __________ pesos (Php___________); PRAYER

WHEREFORE, it is respectfully prayed, that after due notice and hearing, a Writ of mandamus be issued, commanding the respondent forthwith to: (here state the act required to be done, with damages and costs.) Other just and equitable remedies are likewise prayed for. Manila, September 30, 2016. By:

ATTY. RENZ MARK V. GARCIA Counsel for Petitioner (Address, Roll, IBP, PTR, and MCLE No.)

VERIFICATION WITH CERTIFICATION OF NON-FORUM SHOPPING

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Quo Warranto Republic
of
the
Philippines
 National
Capital
Judicial
Region
 REGIONAL
TRIAL
COURT
 Branch
40,
Manila City
 ALY M. MANRIQUE, Petitioner, Civil Case No. _____ For: ____________

- versus BON A. SO HIONG, Defendant. x----------------------------------------x

PETITION FOR QUO WARRANTO Petitioner, through counsel and unto this Honorable Court, most respectfully alleges that: 1. 2.

3.

That the petitioner is of legal age, (state the capacity and residence of the petitioner, and of the public and private respondents); That (state fully and clearly the facts and circumstances showing that the defendant is in unlawful possession of a public office and that the plaintiff is entitled to hold the same) That (state that the plaintiff has demanded of defendant to vacate the office in question and to deliver the same to the plaintiff, but the defendant unlawfully refused); PRAYER

WHEREFORE, it is respectfully prayed: 1. That a writ of quo warranto be issued ousting and altogether excluding the defendant from the office of _________;

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2. 3.

That the plaintiff be declared entitled to said office and that he be placed forthwith in possession thereof; That the plaintiff recovers his costs. Other just and equitable remedies are likewise prayed for. Manila, September 30, 2016. By:

ATTY. RENZ MARK V. GARCIA Counsel for Petitioner (Address, Roll, IBP, PTR, and MCLE No.)

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Writ of Amparo Republic
of
the
Philippines
 National
Capital
Judicial
Region
 REGIONAL
TRIAL
COURT
 Branch
40,
Manila City
 ALY M. MANRIQUE, Petitioner, - versus -

SCA Case No. _____ For: ____________

BON A. SO HIONG, Defendant. x----------------------------------------x PETITION FOR WRIT OF AMPARO Petitioner, through counsel and unto this Honorable Court, most respectfully alleges that: 1.

That petitioner is a Filipino citizen, of legal age, with address at ________ and the respondent is a Filipino citizen , of legal age , with address at _________;

2.

That the petitioner, ______, in whose behalf this application is being made, is actually restrained of his liberty by the respondent, _____ at the latter’s residence at _________;

3.

(State facts pertaining to the right to life, liberty and security of the aggrieved party violated or threatened with violation by the unlawful act or omission of the respondent, and how such threat or violation is committed with the attendant circumstance detained in supporting affidavits);

4.

(The investigation conducted, if any, specifying the names, personal circumstances and addresses of the investigating authority or individuals, as well as the manner and conduct of the investigation together with any report);

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5.

(The actions and recourses taken by the petitioner to determine the fate and whereabouts of the aggrieved party and the identity of the person responsible for the threat, act or omission). PRAYER

WHEREFORE, petitioner respectfully prays that a WRIT OF AMPARO be issued by this Honorable Court, ordering respondents ________ to immediately release from their custody the person of _________ to petitioners if still alive, or if already dead, to show the place where his remains is placed or buried and to pay the petitioner _____________. 1. 2. 3.

Likewise, the following reliefs are likewise prayed for: Order enjoining respondent from doing harm or harassment. Order allowing inspection by the court of the premises Order respondents to produce documents to or in their custody related to the detention. Other just and equitable remedies are likewise prayed for. Manila, September 30, 2016. By:

ATTY. RENZ MARK V. GARCIA Counsel for Petitioner (Address, Roll, IBP, PTR, and MCLE No.)

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Habeas Data Republic
of
the
Philippines
 National
Capital
Judicial
Region
 REGIONAL
TRIAL
COURT
 Branch
40,
Manila City
 ALY M. MANRIQUE, Petitioner, - versus -

Civil Case No. _____ For: ____________

BON A. SO HIONG, Defendant. x----------------------------------------x PETITION FOR HABEAS DATA PETITIONER,
 by the undersigned counsel and unto this Honorable Court, most respectfully allege
that:
 I. NATURE OF THE PETITION 1.

2.

3.

This is a petition for the writ of habeas data filed under A.M. No. 08-1-16-SC, also known as the Rule on the Writ of Habeas Data to require the respondent/s to produce and, if necessary update and rectify, or, in the alternative, suppress or destroy information within its control and/or contained in its database, which relates to petitioner, his/her family, his/her home and his/her correspondence. Petitioner respectfully submits that respondent obtained the information through an unlawful act, has unjustifiably failed to disclose the information to petitioner, and/or has unjustifiably refused to update, rectify, suppress or destroy the information. This act or omission of respondent to comply with petitioner's demand is a violation of, or poses a threat of

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4.

5.

violation to, petitioner's right to privacy in life, liberty and security. In view of the foregoing, petitioner brings this petition before this Honorable Court praying that the respondent be required to cause the immediate production of the information requested so that the same may be revealed to petitioner for proper updating, rectification or, in the alternative, for its suppression or destruction, whatever may be necessary to protect petitioner's privacy. Finally, petitioner respectfully submits that he/she is an indigent person and prays that this Honorable Court exempt him/her from docket and other legal fees in this case, subject to the submission of proof of his/her indigency within fifteen days from the filing of this petition. II. PARTIES

6. 7.

8.

Petitioner is a Filipino, of legal age, and residing at [state address]. He/She may be served with notices from this Honorable Court through his/her undersigned counsel. Respondent is being impleaded in his capacity as a public officer or employee, in charge of the information or database of [state office], which office is engaged in the gathering, collecting, and storing of data. He/She may be served summons and other processes of this Honorable Court at the [state office address]. Respondent is of legal age, residing at [state address] and is engaged in the gathering, collecting, and storing of data. He/She may be served summons and other processes of this Honorable Court at the [state office address]. Respondent is a corporation organized and existing by virtue of the laws of the Republic of the Philippines. It is engaged in the gathering, collecting, and storing of data. It may be served summons and other processes of this Honorable Court at [state office address]. III. MATERIAL ALLEGATIONS

9.

Petitioner is a citizen of the Republic of the Philippines whose right to privacy is protected by the Bill of Rights found in Article III of the 1987 Philippine Constitution, which provides:

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Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law. Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. Section 7. The right of the people to information of matters of public concern shall be recognized. Access to official records and documents, and papers pertaining to official acts, transactions, or decisions as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. 10. Also, in Lourdes T. Marquez vs. Hon. Aniano A. Desierto, et al., this Honorable Court had occasion to rule: Zones of privacy are recognized and protected in our laws. The Civil Code provides that "[e]very person shall respect the dignity, personality, privacy, and peace of mind of his neighbors and other persons" and punishes as actionable torts several acts for meddling and prying into the privacy of another. It also holds a public officer or employee or any private individual liable for damages for any violation of the rights and liberties of another person, and recognizes the privacy of letters and other private communications. The Revised Penal Code makes a crime of the violation of secrets by an officer, the revelation of trade and industrial secrets, and trespass to dwelling. Invasion of privacy is an offense in special laws like the AntiWiretapping Law, the Secrecy of Bank Deposits Act, and the Intellectual Property Code. (G.R. No. 135882, June 27, 2001.) 11.

Finally, Republic Act 6713, known as the Code of Conduct and Ethical Standards for Public Officials and Employees, makes it a duty of every public officer and employee to allow the inspection of all public documents, and to respond to requests within fifteen days. Viz:

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Section 5. Duties of Public Officials and Employees. — In the performance of their duties, all public officials and employees are under obligation to: (a) Act promptly on letters and requests. — All public officials and employees shall, within fifteen (15) working days from receipt thereof, respond to letters, telegrams or other means of communications sent by the public. The reply must contain the action taken on the request. xxx xxx xxx (e) Make documents accessible to the public. — All public documents must be made accessible to, and readily available for inspection by, the public within reasonable working hours. 12. On [date], petitioner requested access to all information held about him/her by the respondent, within fifteen days from respondent's receipt. A copy of the written request is attached as Annex "A". 13. The period given to respondent to allow petitioner access to its database has already lapsed. 14. As a result of respondent's failure or unjustifiable refusal to allow access to its database, petitioner’s right to privacy is being violated. 15. The use and possible dissemination of the information held by respondent is an unlawful intrusion into petitioner's privacy, which intrusion threatens to ultimately violate petitioner's right to life, liberty and security. 16. The information which remains hidden from petitioner is in the database of respondent located in the following offices: [state the offices or known location of the information]. PRAYER WHEREFORE, petitioner prays that this Honorable Court give due course to this petition and issue the writ of habeas data and rule, as follows: 1. 2.

Upon the filing of the petition, ENJOIN respondent from disseminating the information; Upon notice and hearing, ORDER respondent to:

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a. b. c.

Produce the information in its possession regarding petitioner's person, his/her family, home and correspondence; Correct, suppress or destroy the information in its database, whatever may be applicable as determined by this Honorable Court; and Rectify the damage caused to petitioner's reputation by making a public apology to petitioner, which shall be circulated in the manner and to such persons as the petitioner may deem appropriate.

Other just and equitable remedies are likewise prayed for. Manila, September 30, 2016. By:

ATTY. RENZ MARK V. GARCIA Counsel for Petitioner (Address, Roll, IBP, PTR, and MCLE No.)

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